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Senate Study Bill 3095 - IntroducedA Bill ForAn Act 1relating to certain powers and duties of the department
2of inspections, appeals, and licensing including
3confidentiality of information and records, and dependent
4adult abuse, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 10A.105, subsection 5, Code 2024, is
2amended to read as follows:
35. If information in the possession of the department
4indicates that a criminal or regulatory offense may have been
5committed, the information may be reported to the appropriate
6criminal justice or regulatory agency.
7 Sec. 2. Section 235E.1, subsection 5, paragraph a,
8subparagraphs (2) and (3), Code 2024, are amended to read as
9follows:
10(2) Sexual exploitation of a dependent adult by a caretaker
11whether within a facility or program or at a location outside
12of a facility or program. “Sexual exploitation” means any
13consensual or nonconsensual sexual conduct with a dependent
14adult which includes but is not limited to kissing; touching
15of the clothed or unclothed breast, groin, buttock, anus,
16pubes, or genitals; or a sex act, as defined in section 702.17.
17“Sexual exploitation” includes the transmission, display,
18taking of electronic images of the unclothed breast, groin,
19buttock, anus, pubes, or genitals of a dependent adult by a
20caretaker for a purpose not related to treatment or diagnosis
21or as part of an ongoing evaluation or investigation. “Sexual
22exploitation” does not include touching which is part of a
23necessary examination, treatment, or care by a caretaker
24acting within the scope of the practice or employment of the
25caretaker; the exchange of a brief touch or hug between the
26dependent adult and a caretaker for the purpose of reassurance,
27comfort, or casual friendship; or touching between spouses or
28domestic partners in an intimate relationship.
29(3) Personal degradation of a dependent adult. “Personal
30degradation” means a willful act or statement by a caretaker
31intended to shame, degrade, humiliate, or otherwise harm the
32personal dignity of a dependent adult, or where the caretaker
33knew or reasonably should have known the act or statement would
34cause shame, degradation, humiliation, or harm to the personal
35dignity of a reasonable person. “Personal degradation” includes
-1-1the taking, transmission, or display of an electronic image of
2a dependent adult by a caretaker, where the caretaker’s actions
3constitute a willful act or statement intended to shame,
4degrade, humiliate, or otherwise harm the personal dignity of
5the dependent adult, or where the caretaker knew or reasonably
6should have known the act would cause shame, degradation,
7humiliation, or harm to the personal dignity of a reasonable
8person. “Personal degradation” does not include the taking,
9transmission, or display of an electronic image of a dependent
10adult for the purpose of reporting dependent adult abuse to law
11enforcement, the department, or other regulatory agency that
12oversees caretakers or enforces abuse or neglect provisions,
13or for the purpose of treatment or diagnosis or as part of an
14ongoing evaluation or investigation. “Personal degradation”
15also does not include the taking, transmission, or display
16of an electronic image by a caretaker in accordance with the
17facility’s or program’s confidentiality policy and release of
18information or consent policies.
19 Sec. 3. Section 235E.2, subsection 3, paragraph a, Code
202024, is amended to read as follows:
21a. If a staff member or employee is required to make a
22report pursuant to this section, the staff member or employee
23shall immediately notify the person in charge or the person’s
24designated agent who shall then notify the department within
25twenty-four hours of such notification. If the person in
26charge is the alleged perpetrator of dependent adult abuser
27 abuse, the staff member shall directly report the abuse to the
28department within twenty-four hours.
29 Sec. 4. Section 235E.2, subsection 5, Code 2024, is amended
30to read as follows:
315. Any other person who believes that a dependent adult
32has suffered dependent adult abuse may report the suspected
33dependent adult abuse to the department of inspections,
34appeals, and licensing. The department of inspections,
35appeals, and licensing shall transfer any reports received
-2-1of dependent adult abuse in the community to the department
2of health and human services. The department of health and
3human services shall transfer any reports received of dependent
4adult abuse in facilities or programs to the department of
5inspections, appeals, and licensing.
6 Sec. 5. Section 235E.2, subsection 6, unnumbered paragraph
71, Code 2024, is amended to read as follows:
8The department shall inform the appropriate county attorneys
9 attorney of any reports report of dependent adult abuse. The
10department may provide the county attorney, other appropriate
11law enforcement agencies, and appropriate licensing boards with
12the department’s evaluation materials and findings related to a
13report of dependent adult abuse. The department may request
14information from any person believed to have knowledge of a
15case of dependent adult abuse. The person, including but not
16limited to a county attorney, a law enforcement agency, a
17multidisciplinary team, a social services agency in the state,
18or any person who is required pursuant to subsection 2 to
19report dependent adult abuse, whether or not the person made
20the specific dependent adult abuse report, shall cooperate and
21assist in the evaluation upon the request of the department.
22If the department’s assessment reveals that dependent adult
23abuse exists which might constitute a criminal offense, a
24report shall be made to the appropriate law enforcement agency.
25County attorneys and appropriate law enforcement agencies shall
26also take any other lawful action necessary or advisable for
27the protection of the dependent adult.
28 Sec. 6. Section 235E.2, subsection 6, paragraphs a and b,
29Code 2024, are amended to read as follows:
30a. If, upon completion of an investigation of a report
31of dependent adult abuse, the department determines that the
32best interests of the dependent adult require court action,
33the department shall notify the department of health and human
34services of the potential need for a guardian or conservator or
35for admission or commitment to an appropriate institution or
-3-1facility pursuant to the applicable procedures under chapter
2125, 222, 229, or 633, or shall pursue other remedies provided
3by law. The appropriate county attorney shall assist the
4department of health and human services in the preparation of
5the necessary papers to initiate the action and shall appear
6and represent the department of health and human services at
7all district court proceedings.
8b. Investigators Inspectors within the department shall be
9specially trained to investigate cases of dependent adult abuse
10including but not limited to cases involving gerontological,
11dementia, and wound care issues.
12 Sec. 7. Section 235E.2, subsections 7, 8, 10, 11, 12, and
1313, Code 2024, are amended to read as follows:
147. A person participating in good faith in reporting or
15cooperating with or assisting the department in evaluating
16a report or investigating a case of dependent adult abuse
17has immunity from liability, civil or criminal, which might
18otherwise be incurred or imposed based upon the act of making
19the report or giving the assistance. The person has the same
20immunity with respect to participating in good faith in a
21judicial proceeding resulting from the report, cooperation, or
22assistance or relating to the subject matter of the report,
23cooperation, or assistance.
248. It shall be unlawful for any person or employer to
25discharge, suspend, or otherwise discipline a person required
26to report or voluntarily reporting an instance of suspected
27dependent adult abuse pursuant to subsection 2 or 5, or
28cooperating with, or assisting the department in evaluating a
29report or investigating a case of dependent adult abuse, or
30participating in judicial proceedings relating to the reporting
31or cooperation or assistance based solely upon the person’s
32reporting or assistance relative to the instance of dependent
33adult abuse. A person or employer found in violation of this
34subsection is guilty of a simple misdemeanor.
3510. a. The department shall adopt rules which require
-4-1facilities and programs to separate an alleged perpetrator of
2 dependent adult abuser abuse from a victim following the report
3of an allegation of perpetration of dependent adult abuse and
4prior to the completion of an investigation of the allegation
5 report by the department.
6b. Independent of the department’s investigation of
7the report, the facility or program employing the alleged
8perpetrator of dependent adult abuser abuse shall conduct
9an investigation of the alleged dependent adult abuse and
10determine what, if any, employment action should be taken
11including but not limited to placing the alleged perpetrator
12of dependent adult abuser abuse on administrative leave or
13reassigning or terminating the alleged perpetrator of dependent
14adult abuser abuse as a result of the investigation by the
15facility or program.
16c. If the facility or program terminates the alleged
17perpetrator of dependent adult abuser abuse as a result of
18the investigation by the facility or program or the alleged
19dependent adult abuser resigns, the alleged perpetrator of
20 dependent adult abuser abuse shall disclose such termination or
21investigation to any prospective facility or program employer.
22An alleged perpetrator of dependent adult abuser abuse who
23fails to disclose such termination or investigation is guilty
24of a simple misdemeanor.
2511. Upon receiving notice from a credible source, the
26department shall may notify a facility or program that
27subsequently employs a perpetrator of founded dependent adult
28abuser abuse when the notice of investigative findings has been
29issued. Such notification shall occur prior to the completion
30of an investigation that is founded for dependent adult abuse.
3112. a. An inspector of the department may enter any
32facility or program without a warrant and may examine all
33records pertaining to residents, employees, former employees,
34and the alleged perpetrator of dependent adult abuser abuse.
35b. If upon entry, the inspector has knowledge of or learns
-5-1during the course of an investigation of a report that alleged
2dependent adult abuse is suspected or is being investigated
3by the facility or program, the inspector shall inform the
4facility or program that the inspector is investigating a
5report of an alleged case of dependent adult abuse.
6c. An inspector of the department may contact or interview
7any resident, employee, former employee, or any other person
8who might may have knowledge about the alleged dependent
9adult abuse. Prior to the interview, the department shall
10provide written notification to the person under investigation
11for alleged perpetrator of dependent adult abuse that.The
12notification shall include all of the following information:
13(1) Thatthe person is under investigation for dependent
14adult abuse, the subject of a report of dependent adult abuse
15being investigated by the department.
16(2) Thenature of the abuse being investigated, the.
17(3) Thepossible civil administrative consequences of
18founded abuse, the.
19(4) Therequirement that the department forward a report
20to law enforcement if the department’s investigation reveals a
21potential criminal offense, that.
22(5) Thatthe person has the right to retain legal counsel
23at the person’s expense and may choose to have legal counsel,
24union representation, or any other desired representative
25employed by the facility present during the interview, and the
26fact that.
27(6) Thatthe person has the right to decline to be
28interviewed or to terminate an interview at any time.
29d. The person under investigation who is the subject of
30the report shall inform the department of the representatives
31desired the person wants to be have present during the
32interview and not delay the interview by more than five working
33days to make arrangements for the person’s representatives to
34be present at the interview.
35e. Any employer representative shall be informed of the
-6-1requirement to maintain strict confidentiality and of the
2prohibition against redissemination of such information
3pursuant to chapter 235B. At
4f. Duringthe interview, the department shall request and
5the alleged perpetrator of dependent adult abuser abuse shall
6provide the alleged dependent adult abuser’s perpetrator’s most
7current contact information to facilitate provision of the
8findings of the investigation to the alleged dependent adult
9abuser perpetrator.
10g. An inspector may take or cause to be taken photographs
11of the dependent adult abuse victim and the vicinity involved.
12The department shall obtain consent from the dependent adult
13abuse victim or guardian or other person with a power of
14attorney over the dependent adult abuse victim prior to taking
15photographs of the dependent adult abuse victim.
1613. a. Notwithstanding section 235B.6 and chapter 22,
17an employee organization or union representative may observe
18an investigative interview conducted by the department of an
19alleged perpetrator of dependent adult abuser abuse if all of
20the following conditions are met:
21(1) The alleged perpetrator of dependent adult abuser abuse
22 is part of a bargaining unit that is party to a collective
23bargaining agreement under chapter 20 or any other applicable
24state or federal law.
25(2) The alleged perpetrator of dependent adult abuser abuse
26 requests the presence of an employee organization or union
27representative.
28(3) The employee organization or union representative
29maintains the confidentiality of all information from the
30interview subject to the penalties provided in section 235B.12
31if such confidentiality is breached.
32b. This subsection shall only apply to interviews conducted
33pursuant to this chapter. This subsection does not apply to
34interviews conducted pursuant to the regulatory activities of
35chapter 135B, 135C, 231B, 231C, or 231D, or any other state or
-7-1federal law.
2 Sec. 8. Section 726.26, subsection 1, Code 2024, is amended
3to read as follows:
41. For the purposes of this section, “caretaker”, “dependent
5adult”, and “dependent adult abuse” mean the same as defined in
6section 235B.2 or section 235E.1, as applicable.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to certain powers and duties of the
11department of inspections, appeals, and licensing (DIAL)
12including confidentiality of information and records, and
13dependent adult abuse.
14The bill amends Code section 10A.105(5), relating to
15confidentiality of information produced, collected, maintained,
16or in the possession of DIAL. Code section 10A.105(5) provides
17that if information in the possession of DIAL indicates that a
18criminal offense may have been committed, the information may
19be reported to the appropriate criminal justice or regulatory
20agency. The bill amends this provision by including that if
21the information alternatively indicates that a regulatory
22offense may have been committed, the information may be
23reported to the appropriate criminal justice or regulatory
24agency.
25Code section 235E.2(6) (unnumbered paragraph 1) is amended
26to provide that DIAL may provide the county attorney, other
27appropriate law enforcement agencies, and appropriate licensing
28boards with the department’s evaluation materials and findings
29related to a report of dependent adult abuse.
30Code section 235E.2(11) provides that DIAL, upon receiving
31notice from a credible source, shall notify a facility or
32program that subsequently employs a dependent adult abuser
33when notice of investigative findings has been issued and
34that such notification shall occur prior to the completion of
35an investigation that is founded for dependent adult abuse.
-8-1The bill amends the Code subsection to provide that upon
2receiving notice from a credible source, DIAL may notify a
3facility or program that subsequently employs a perpetrator of
4founded dependent adult abuse when the notice of investigative
5findings has been issued, and eliminates the requirement that
6the notification shall occur prior to the completion of the
7investigation that is founded for dependent adult abuse.
8Prior to 2022, Code section 235B.20, relating to criminal
9penalties for dependent adult abuse was located in Code
10chapter 235B (dependent adult abuse services — information
11registry). In 2022, this Code section was relocated to
12the criminal law and procedure title of the Code in Code
13section 726.26, in proximity to other penalties for crimes
14against dependent adults, older individuals, and residents
15of health care facilities. Code section 726.26(1) defines
16“caretaker”, “dependent adult”, and “dependent adult abuse”
17to be the same as defined in Code section 235B.2. Because
18Code section 726.26(1) applies to both Code chapter 235B,
19relating to dependent adult abuse outside of facilities and
20programs, and Code chapter 235E, relating to dependent adult
21abuse in facilities and programs, and because the three terms
22are defined differently under each respective Code chapter,
23the bill amends Code section 726.26(1) to provide that the
24terms are as defined in Code section 235B.2 or in Code section
25235E.1, as applicable.
26The bill also makes conforming changes throughout Code
27chapter 235E including by changing the term “alleged dependent
28adult abuser” to “alleged perpetrator of dependent adult
29abuse”.
-9-pf/ko
2of inspections, appeals, and licensing including
3confidentiality of information and records, and dependent
4adult abuse, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 10A.105, subsection 5, Code 2024, is
2amended to read as follows:
35. If information in the possession of the department
4indicates that a criminal or regulatory offense may have been
5committed, the information may be reported to the appropriate
6criminal justice or regulatory agency.
7 Sec. 2. Section 235E.1, subsection 5, paragraph a,
8subparagraphs (2) and (3), Code 2024, are amended to read as
9follows:
10(2) Sexual exploitation of a dependent adult by a caretaker
11whether within a facility or program or at a location outside
12of a facility or program. “Sexual exploitation” means any
13consensual or nonconsensual sexual conduct with a dependent
14adult which includes but is not limited to kissing; touching
15of the clothed or unclothed breast, groin, buttock, anus,
16pubes, or genitals; or a sex act, as defined in section 702.17.
17“Sexual exploitation” includes the transmission, display,
18taking of electronic images of the unclothed breast, groin,
19buttock, anus, pubes, or genitals of a dependent adult by a
20caretaker for a purpose not related to treatment or diagnosis
21or as part of an ongoing evaluation or investigation. “Sexual
22exploitation” does not include touching which is part of a
23necessary examination, treatment, or care by a caretaker
24acting within the scope of the practice or employment of the
25caretaker; the exchange of a brief touch or hug between the
26dependent adult and a caretaker for the purpose of reassurance,
27comfort, or casual friendship; or touching between spouses or
28domestic partners in an intimate relationship.
29(3) Personal degradation of a dependent adult. “Personal
30degradation” means a willful act or statement by a caretaker
31intended to shame, degrade, humiliate, or otherwise harm the
32personal dignity of a dependent adult, or where the caretaker
33knew or reasonably should have known the act or statement would
34cause shame, degradation, humiliation, or harm to the personal
35dignity of a reasonable person. “Personal degradation” includes
-1-1the taking, transmission, or display of an electronic image of
2a dependent adult by a caretaker, where the caretaker’s actions
3constitute a willful act or statement intended to shame,
4degrade, humiliate, or otherwise harm the personal dignity of
5the dependent adult, or where the caretaker knew or reasonably
6should have known the act would cause shame, degradation,
7humiliation, or harm to the personal dignity of a reasonable
8person. “Personal degradation” does not include the taking,
9transmission, or display of an electronic image of a dependent
10adult for the purpose of reporting dependent adult abuse to law
11enforcement, the department, or other regulatory agency that
12oversees caretakers or enforces abuse or neglect provisions,
13or for the purpose of treatment or diagnosis or as part of an
14ongoing evaluation or investigation. “Personal degradation”
15also does not include the taking, transmission, or display
16of an electronic image by a caretaker in accordance with the
17facility’s or program’s confidentiality policy and release of
18information or consent policies.
19 Sec. 3. Section 235E.2, subsection 3, paragraph a, Code
202024, is amended to read as follows:
21a. If a staff member or employee is required to make a
22report pursuant to this section, the staff member or employee
23shall immediately notify the person in charge or the person’s
24designated agent who shall then notify the department within
25twenty-four hours of such notification. If the person in
26charge is the alleged perpetrator of dependent adult abuser
27 abuse, the staff member shall directly report the abuse to the
28department within twenty-four hours.
29 Sec. 4. Section 235E.2, subsection 5, Code 2024, is amended
30to read as follows:
315. Any other person who believes that a dependent adult
32has suffered dependent adult abuse may report the suspected
33dependent adult abuse to the department of inspections,
34appeals, and licensing. The department of inspections,
35appeals, and licensing shall transfer any reports received
-2-1of dependent adult abuse in the community to the department
2of health and human services. The department of health and
3human services shall transfer any reports received of dependent
4adult abuse in facilities or programs to the department of
5inspections, appeals, and licensing.
6 Sec. 5. Section 235E.2, subsection 6, unnumbered paragraph
71, Code 2024, is amended to read as follows:
8The department shall inform the appropriate county attorneys
9 attorney of any reports report of dependent adult abuse. The
10department may provide the county attorney, other appropriate
11law enforcement agencies, and appropriate licensing boards with
12the department’s evaluation materials and findings related to a
13report of dependent adult abuse. The department may request
14information from any person believed to have knowledge of a
15case of dependent adult abuse. The person, including but not
16limited to a county attorney, a law enforcement agency, a
17multidisciplinary team, a social services agency in the state,
18or any person who is required pursuant to subsection 2 to
19report dependent adult abuse, whether or not the person made
20the specific dependent adult abuse report, shall cooperate and
21assist in the evaluation upon the request of the department.
22If the department’s assessment reveals that dependent adult
23abuse exists which might constitute a criminal offense, a
24report shall be made to the appropriate law enforcement agency.
25County attorneys and appropriate law enforcement agencies shall
26also take any other lawful action necessary or advisable for
27the protection of the dependent adult.
28 Sec. 6. Section 235E.2, subsection 6, paragraphs a and b,
29Code 2024, are amended to read as follows:
30a. If, upon completion of an investigation of a report
31of dependent adult abuse, the department determines that the
32best interests of the dependent adult require court action,
33the department shall notify the department of health and human
34services of the potential need for a guardian or conservator or
35for admission or commitment to an appropriate institution or
-3-1facility pursuant to the applicable procedures under chapter
2125, 222, 229, or 633, or shall pursue other remedies provided
3by law. The appropriate county attorney shall assist the
4department of health and human services in the preparation of
5the necessary papers to initiate the action and shall appear
6and represent the department of health and human services at
7all district court proceedings.
8b. Investigators Inspectors within the department shall be
9specially trained to investigate cases of dependent adult abuse
10including but not limited to cases involving gerontological,
11dementia, and wound care issues.
12 Sec. 7. Section 235E.2, subsections 7, 8, 10, 11, 12, and
1313, Code 2024, are amended to read as follows:
147. A person participating in good faith in reporting or
15cooperating with or assisting the department in evaluating
16a report or investigating a case of dependent adult abuse
17has immunity from liability, civil or criminal, which might
18otherwise be incurred or imposed based upon the act of making
19the report or giving the assistance. The person has the same
20immunity with respect to participating in good faith in a
21judicial proceeding resulting from the report, cooperation, or
22assistance or relating to the subject matter of the report,
23cooperation, or assistance.
248. It shall be unlawful for any person or employer to
25discharge, suspend, or otherwise discipline a person required
26to report or voluntarily reporting an instance of suspected
27dependent adult abuse pursuant to subsection 2 or 5, or
28cooperating with, or assisting the department in evaluating a
29report or investigating a case of dependent adult abuse, or
30participating in judicial proceedings relating to the reporting
31or cooperation or assistance based solely upon the person’s
32reporting or assistance relative to the instance of dependent
33adult abuse. A person or employer found in violation of this
34subsection is guilty of a simple misdemeanor.
3510. a. The department shall adopt rules which require
-4-1facilities and programs to separate an alleged perpetrator of
2 dependent adult abuser abuse from a victim following the report
3of an allegation of perpetration of dependent adult abuse and
4prior to the completion of an investigation of the allegation
5 report by the department.
6b. Independent of the department’s investigation of
7the report, the facility or program employing the alleged
8perpetrator of dependent adult abuser abuse shall conduct
9an investigation of the alleged dependent adult abuse and
10determine what, if any, employment action should be taken
11including but not limited to placing the alleged perpetrator
12of dependent adult abuser abuse on administrative leave or
13reassigning or terminating the alleged perpetrator of dependent
14adult abuser abuse as a result of the investigation by the
15facility or program.
16c. If the facility or program terminates the alleged
17perpetrator of dependent adult abuser abuse as a result of
18the investigation by the facility or program or the alleged
19dependent adult abuser resigns, the alleged perpetrator of
20 dependent adult abuser abuse shall disclose such termination or
21investigation to any prospective facility or program employer.
22An alleged perpetrator of dependent adult abuser abuse who
23fails to disclose such termination or investigation is guilty
24of a simple misdemeanor.
2511. Upon receiving notice from a credible source, the
26department shall may notify a facility or program that
27subsequently employs a perpetrator of founded dependent adult
28abuser abuse when the notice of investigative findings has been
29issued. Such notification shall occur prior to the completion
30of an investigation that is founded for dependent adult abuse.
3112. a. An inspector of the department may enter any
32facility or program without a warrant and may examine all
33records pertaining to residents, employees, former employees,
34and the alleged perpetrator of dependent adult abuser abuse.
35b. If upon entry, the inspector has knowledge of or learns
-5-1during the course of an investigation of a report that alleged
2dependent adult abuse is suspected or is being investigated
3by the facility or program, the inspector shall inform the
4facility or program that the inspector is investigating a
5report of an alleged case of dependent adult abuse.
6c. An inspector of the department may contact or interview
7any resident, employee, former employee, or any other person
8who might may have knowledge about the alleged dependent
9adult abuse. Prior to the interview, the department shall
10provide written notification to the person under investigation
11for alleged perpetrator of dependent adult abuse that.The
12notification shall include all of the following information:
13(1) Thatthe person is under investigation for dependent
14adult abuse, the subject of a report of dependent adult abuse
15being investigated by the department.
16(2) Thenature of the abuse being investigated, the.
17(3) Thepossible civil administrative consequences of
18founded abuse, the.
19(4) Therequirement that the department forward a report
20to law enforcement if the department’s investigation reveals a
21potential criminal offense, that.
22(5) Thatthe person has the right to retain legal counsel
23at the person’s expense and may choose to have legal counsel,
24union representation, or any other desired representative
25employed by the facility present during the interview, and the
26fact that.
27(6) Thatthe person has the right to decline to be
28interviewed or to terminate an interview at any time.
29d. The person under investigation who is the subject of
30the report shall inform the department of the representatives
31desired the person wants to be have present during the
32interview and not delay the interview by more than five working
33days to make arrangements for the person’s representatives to
34be present at the interview.
35e. Any employer representative shall be informed of the
-6-1requirement to maintain strict confidentiality and of the
2prohibition against redissemination of such information
3pursuant to chapter 235B. At
4f. Duringthe interview, the department shall request and
5the alleged perpetrator of dependent adult abuser abuse shall
6provide the alleged dependent adult abuser’s perpetrator’s most
7current contact information to facilitate provision of the
8findings of the investigation to the alleged dependent adult
9abuser perpetrator.
10g. An inspector may take or cause to be taken photographs
11of the dependent adult abuse victim and the vicinity involved.
12The department shall obtain consent from the dependent adult
13abuse victim or guardian or other person with a power of
14attorney over the dependent adult abuse victim prior to taking
15photographs of the dependent adult abuse victim.
1613. a. Notwithstanding section 235B.6 and chapter 22,
17an employee organization or union representative may observe
18an investigative interview conducted by the department of an
19alleged perpetrator of dependent adult abuser abuse if all of
20the following conditions are met:
21(1) The alleged perpetrator of dependent adult abuser abuse
22 is part of a bargaining unit that is party to a collective
23bargaining agreement under chapter 20 or any other applicable
24state or federal law.
25(2) The alleged perpetrator of dependent adult abuser abuse
26 requests the presence of an employee organization or union
27representative.
28(3) The employee organization or union representative
29maintains the confidentiality of all information from the
30interview subject to the penalties provided in section 235B.12
31if such confidentiality is breached.
32b. This subsection shall only apply to interviews conducted
33pursuant to this chapter. This subsection does not apply to
34interviews conducted pursuant to the regulatory activities of
35chapter 135B, 135C, 231B, 231C, or 231D, or any other state or
-7-1federal law.
2 Sec. 8. Section 726.26, subsection 1, Code 2024, is amended
3to read as follows:
41. For the purposes of this section, “caretaker”, “dependent
5adult”, and “dependent adult abuse” mean the same as defined in
6section 235B.2 or section 235E.1, as applicable.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to certain powers and duties of the
11department of inspections, appeals, and licensing (DIAL)
12including confidentiality of information and records, and
13dependent adult abuse.
14The bill amends Code section 10A.105(5), relating to
15confidentiality of information produced, collected, maintained,
16or in the possession of DIAL. Code section 10A.105(5) provides
17that if information in the possession of DIAL indicates that a
18criminal offense may have been committed, the information may
19be reported to the appropriate criminal justice or regulatory
20agency. The bill amends this provision by including that if
21the information alternatively indicates that a regulatory
22offense may have been committed, the information may be
23reported to the appropriate criminal justice or regulatory
24agency.
25Code section 235E.2(6) (unnumbered paragraph 1) is amended
26to provide that DIAL may provide the county attorney, other
27appropriate law enforcement agencies, and appropriate licensing
28boards with the department’s evaluation materials and findings
29related to a report of dependent adult abuse.
30Code section 235E.2(11) provides that DIAL, upon receiving
31notice from a credible source, shall notify a facility or
32program that subsequently employs a dependent adult abuser
33when notice of investigative findings has been issued and
34that such notification shall occur prior to the completion of
35an investigation that is founded for dependent adult abuse.
-8-1The bill amends the Code subsection to provide that upon
2receiving notice from a credible source, DIAL may notify a
3facility or program that subsequently employs a perpetrator of
4founded dependent adult abuse when the notice of investigative
5findings has been issued, and eliminates the requirement that
6the notification shall occur prior to the completion of the
7investigation that is founded for dependent adult abuse.
8Prior to 2022, Code section 235B.20, relating to criminal
9penalties for dependent adult abuse was located in Code
10chapter 235B (dependent adult abuse services — information
11registry). In 2022, this Code section was relocated to
12the criminal law and procedure title of the Code in Code
13section 726.26, in proximity to other penalties for crimes
14against dependent adults, older individuals, and residents
15of health care facilities. Code section 726.26(1) defines
16“caretaker”, “dependent adult”, and “dependent adult abuse”
17to be the same as defined in Code section 235B.2. Because
18Code section 726.26(1) applies to both Code chapter 235B,
19relating to dependent adult abuse outside of facilities and
20programs, and Code chapter 235E, relating to dependent adult
21abuse in facilities and programs, and because the three terms
22are defined differently under each respective Code chapter,
23the bill amends Code section 726.26(1) to provide that the
24terms are as defined in Code section 235B.2 or in Code section
25235E.1, as applicable.
26The bill also makes conforming changes throughout Code
27chapter 235E including by changing the term “alleged dependent
28adult abuser” to “alleged perpetrator of dependent adult
29abuse”.
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