H.F. 2134 Section 1. Section 135C.1, Code 2011, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 14A. “Personal representative” means an 3 adult person identified by the administrative office of a 4 health care facility or the administrator of a residential 5 program described in section 135C.6, subsection 8, who has 6 periodic contact with the facility or program about the welfare 7 of a resident. 8 NEW SUBSECTION . 19A. “Sex offender” means a person required 9 to register as a sex offender pursuant to chapter 692A who 10 is classified as either a tier II or tier III offender under 11 section 692A.102. 12 Sec. 2. NEW SECTION . 135C.9A Sex offender registry and 13 criminal records check. 14 1. The administrator or designee of a health care facility 15 or of a residential program described in section 135C.6, 16 subsection 8, shall access and search the sex offender registry 17 established in chapter 692A and request a criminal history data 18 check pursuant to chapter 692 for each new resident of the 19 facility or program prior to or immediately after admitting the 20 new resident into the facility or program. 21 2. a. If the administrator or designee of a health care 22 facility or residential program described in section 135C.6, 23 subsection 8, learns that a resident admitted to the facility 24 or program is required to register as a sex offender or has 25 a criminal history that involves an arrest for or conviction 26 of an assault under chapter 708, arson under chapter 712, or a 27 forcible felony as defined in section 702.11, the facility or 28 program shall notify each resident of the facility or program 29 that a sex offender or a person arrested for or convicted of 30 an offense listed in this paragraph has been admitted to the 31 facility or program as a resident. 32 b. The facility or program shall also notify the personal 33 representative of a resident of the admittance of a sex 34 offender required to register or a person arrested for or 35 -1- LSB 5376HH (6) 84 jm/rj 1/ 4

H.F. 2134 convicted of an offense listed in paragraph “a” . If a personal 1 representative is unable to be identified, the facility or 2 program shall notify one adult family member of the resident. 3 c. The notification required by this section shall be 4 provided through regular mail or by electronic communication 5 within three business days of learning that a person admitted 6 to the facility or program as a resident is required to 7 register as a sex offender or has been arrested for or 8 convicted of an offense listed in paragraph “a” . The 9 notification shall identify the resident by name and disclose 10 the location of the residence. 11 3. The fee to conduct the criminal history data check 12 required by this section shall be paid by the health care 13 facility or residential program described in section 135C.6, 14 subsection 8. 15 Sec. 3. CONDUCTING A REVIEW OF THE SEX OFFENDER REGISTRY 16 AND PERFORMING A CRIMINAL HISTORY DATA CHECK FOR CURRENT 17 RESIDENTS. The administrator or designee of a health care 18 facility as defined in section 135C.1 or the administrator of a 19 residential program described in section 135C.6, subsection 8, 20 shall, within thirty days of the effective date of this Act, 21 access and search the sex offender registry established in 22 chapter 692A and request a criminal history data check pursuant 23 to chapter 692 for persons who were residents of the facility 24 or program prior to the effective date of this Act and who 25 remain residents of the facility or program on or after the 26 effective date of this Act. 27 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 28 immediate importance, takes effect upon enactment. 29 EXPLANATION 30 This bill relates to notifying residents of a health care 31 facility or residential program about the criminal history of 32 another patient. 33 Under the bill, the administrator or designee of a 34 health care facility defined in Code section 135C.1 or the 35 -2- LSB 5376HH (6) 84 jm/rj 2/ 4

H.F. 2134 administrator of a residential program described in Code 1 section 135C.6(8) shall access and search the sex offender 2 registry established in Code chapter 692A and request a 3 criminal history data check pursuant to Code chapter 692 for 4 each new resident of the facility or program prior to or 5 immediately after admitting the new resident into the facility 6 or program. 7 A health care facility or residential program is also 8 required by the bill to access and search the sex offender 9 registry and request a criminal history data check, within 30 10 days of the effective date of the bill, for current residents 11 of the facility or program who remain residents of the facility 12 or program on or after the effective date of the bill. 13 If the administrator or designee of a health care facility 14 or residential program learns that a resident admitted to the 15 facility or program is required to register as a sex offender 16 or has a criminal history that involves an arrest or conviction 17 for assault under Code chapter 708, arson under Code chapter 18 712, or a forcible felony as defined in Code section 702.11, 19 the bill requires the facility or program to notify each 20 resident of the facility or program that a sex offender or a 21 person arrested for or convicted of any of the aforementioned 22 offenses has been admitted to the facility or program. 23 The bill also requires the administrator or designee of 24 a health care facility or the administrator of a residential 25 program to notify the personal representative or an adult 26 family member of the resident about the admittance of a 27 resident to the facility or program who is a sex offender or 28 a person arrested for or convicted of an assault, arson, or 29 forcible felony. 30 The notification required by the bill shall be provided 31 through regular mail or by electronic communication within 32 three business days of the health care facility or residential 33 program learning that a person admitted to the facility or 34 program as a resident is required to register as a sex offender 35 -3- LSB 5376HH (6) 84 jm/rj 3/ 4

H.F. 2134 or has been arrested for or convicted of an assault, arson, or 1 forcible felony. 2 The bill requires that the notification identify the 3 resident by name and disclose the location of the residence. 4 The bill also requires the health care facility or 5 residential program to pay the costs to conduct a criminal 6 history data check for a resident. 7 A health care facility or residential program that violates 8 the bill is subject to penalties and inspections specified in 9 Code sections 135C.36 through 135C.48 and classified by the 10 department of inspections and appeals by rule. 11 The bill defines “sex offender” to mean a person required to 12 register as a sex offender pursuant to Code chapter 692A who is 13 classified as either a tier II or tier III offender under Code 14 section 692A.102. 15 The bill takes effect upon enactment. 16 -4- LSB 5376HH (6) 84 jm/rj 4/ 4