Senate File 544 - Introduced SENATE FILE 544 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 419) A BILL FOR An Act relating to mandatory child abuse and dependent adult 1 abuse reporter training requirements. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1394SV (1) 88 hb/rh
S.F. 544 Section 1. Section 135.11, subsection 24, Code 2019, is 1 amended by striking the subsection. 2 Sec. 2. Section 232.69, subsection 3, paragraph b, Code 3 2019, is amended to read as follows: 4 b. A person required to make a report under subsection 5 1 , other than a physician whose professional practice does 6 not regularly involve providing primary health care to 7 children, shall complete two hours of training relating to 8 the identification and reporting of child abuse within six 9 months of initial employment or self-employment involving the 10 examination, attending, counseling, or treatment of children 11 on a regular basis. Within one month of initial employment or 12 self-employment, the person shall obtain a statement of the 13 abuse reporting requirements from the person’s employer or, if 14 self-employed, from the department. The person shall complete 15 at least two hours of additional child abuse identification and 16 reporting training every five three years. 17 Sec. 3. Section 232.69, subsection 3, paragraphs c and d, 18 Code 2019, are amended by striking the paragraphs and inserting 19 in lieu thereof the following: 20 c. The core training curriculum relating to the 21 identification and reporting of child abuse, as provided 22 in paragraph “b” , shall be developed and provided by the 23 department. 24 d. An employer of a person required to make a report under 25 subsection 1 may provide supplemental training, specific to 26 identification and reporting of child abuse as it relates to 27 the person’s professional practice, in addition to the core 28 training provided by the department. 29 Sec. 4. Section 235B.16, subsection 5, paragraph b, Code 30 2019, is amended to read as follows: 31 b. A person required to report cases of dependent adult 32 abuse pursuant to sections 235B.3 and 235E.2 , other than a 33 physician whose professional practice does not regularly 34 involve providing primary health care to adults, shall 35 -1- LSB 1394SV (1) 88 hb/rh 1/ 4
S.F. 544 complete two hours of training relating to the identification 1 and reporting of dependent adult abuse within six months of 2 initial employment or self-employment which involves the 3 examination, attending, counseling, or treatment of adults 4 on a regular basis. Within one month of initial employment 5 or self-employment, the person shall obtain a statement of 6 the abuse reporting requirements from the person’s employer 7 or, if self-employed, from the department. The person shall 8 complete at least two hours of additional dependent adult abuse 9 identification and reporting training every five three years. 10 Sec. 5. Section 235B.16, subsection 5, paragraphs c and d, 11 Code 2019, are amended by striking the paragraphs and inserting 12 in lieu thereof the following: 13 c. The core training curriculum relating to the 14 identification and reporting of dependent adult abuse, as 15 provided in paragraph “b” , shall be developed by the department 16 pursuant to subsection 2 and provided by the department. 17 d. An employer of a person required to report cases 18 of dependent adult abuse pursuant to sections 235B.3 and 19 235E.2 may provide supplemental training, specific to the 20 identification and reporting of dependent adult abuse as it 21 relates to the person’s professional practice, in addition to 22 the core training provided by the department. 23 Sec. 6. Section 235B.16, subsection 5, paragraph e, Code 24 2019, is amended by striking the paragraph. 25 Sec. 7. TRANSITION PROVISIONS. A child abuse or dependent 26 adult abuse training certificate relating to the identification 27 and reporting of child abuse or dependent adult abuse issued 28 prior to July 1, 2019, remains effective and continues in 29 effect as issued for the five-year period following its 30 issuance. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to mandatory child abuse and dependent 35 -2- LSB 1394SV (1) 88 hb/rh 2/ 4
S.F. 544 adult abuse reporter training. 1 The bill strikes the requirement that the director of 2 the department of public health review and approve mandatory 3 reporter training curricula for employees who work in a 4 position that classifies the employee as a mandatory reporter 5 and the position classification does not have a mandatory 6 reporter training curriculum approved by a licensing or 7 examining board. 8 The bill eliminates current law relating to mandatory 9 dependent adult abuse training, including training for 10 dependent adult abuse that occurs in facilities and programs, 11 that provides that to the extent a hospital or similar 12 public or private facility provides approved training on 13 the employer’s premises, the hours of training completed by 14 employees are included in the calculation of nursing or service 15 hours required to be provided to a patient or resident per day. 16 Current law provides that a hospital or similar institution, 17 or a public or private institution, agency, or facility are 18 responsible for providing mandatory reporter training to 19 employees who are mandatory reporters of child abuse and 20 dependent adult abuse. If a person who is deemed a mandatory 21 reporter is self-employed, employed in a licensed or certified 22 profession, or employed by a facility or program that is 23 subject to licensure, regulation, or approval by a state 24 agency, the person may complete the initial or additional 25 training requirements through any of the following ways: a 26 continuing education program required under Code chapter 27 272C (relating to regulation of licensed professions and 28 occupations); a training program using a curriculum approved by 29 the director of public health pursuant to Code section 135.11 30 (relating to the duties of the director of the department 31 of public health); or a training program using an approved 32 curriculum offered by the appropriate public agency. 33 The bill strikes current law and requires the department 34 of human services to develop curriculum and provide training 35 -3- LSB 1394SV (1) 88 hb/rh 3/ 4
S.F. 544 for all mandatory reporters of child abuse and dependent 1 adult abuse, regardless of the manner in which the person is 2 employed. Under the bill, an employer of a person required 3 by law to make a report of child abuse or dependent adult 4 abuse may provide supplemental child abuse and dependent adult 5 abuse training, specific to the identification and reporting 6 of child abuse or dependent adult abuse as it relates to 7 the person’s professional practice, in addition to the core 8 training provided by DHS. The bill increases the frequency of 9 training for mandatory child abuse and dependent adult abuse 10 reporters from once every five years to once every three years, 11 and provides a transition provision for persons who received a 12 child abuse or dependent adult abuse training certificate prior 13 to July 1, 2019. 14 Under current law, a person required to report both child 15 abuse and dependent adult abuse may complete the requisite 16 training through a combined training program. The bill strikes 17 current law and requires such persons to complete separate 18 child abuse training and dependent adult abuse training. 19 -4- LSB 1394SV (1) 88 hb/rh 4/ 4