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Text: SF00173                           Text: SF00175
Text: SF00100 - SF00199                 Text: SF Index
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Senate File 174

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 135B.9, unnumbered paragraph 1, Code
  1  2 1995, is amended to read as follows:
  1  3    The department shall make or cause to be made inspections
  1  4 as it deems necessary in order to determine compliance with
  1  5 applicable rules.  A licensee or applicant for a license
  1  6 desiring to make a specific type of alteration or addition to
  1  7 its facilities or to construct new facilities shall, before
  1  8 commencing the alteration, addition, or new construction,
  1  9 submit plans and specifications to the department for
  1 10 preliminary inspection and approval or recommendations with
  1 11 respect to compliance with the applicable rules and standards.
  1 12    Sec. 2.  NEW SECTION.  135H.8A  PROVISIONAL LICENSE.
  1 13    The department may issue a provisional license, effective
  1 14 for not more than one year, to a licensee whose psychiatric
  1 15 institution does not meet the requirements of this chapter,
  1 16 if, prior to issuance of the license, written plans to achieve
  1 17 compliance with the applicable requirements are submitted to
  1 18 and approved by the department.  The plans shall specify the
  1 19 deadline for achieving compliance.
  1 20    Sec. 3.  Section 235B.2, subsection 5, Code 1995, is
  1 21 amended by adding the following new paragraph:
  1 22    NEW PARAGRAPH.  c.  Sexual exploitation of a dependent
  1 23 adult who is a resident of a health care facility, as defined
  1 24 in section 135C.1, by a caretaker providing services to or
  1 25 employed by the health care facility, whether within the
  1 26 health care facility or at a location outside of the health
  1 27 care facility.
  1 28    "Sexual exploitation" means any consensual or nonconsenual
  1 29 sexual conduct with a dependent adult for the purpose of
  1 30 arousing or satisfying the sexual desires of the caretaker or
  1 31 dependent adult, which includes but is not limited to kissing;
  1 32 touching of the clothed or unclothed inner thigh, breast,
  1 33 groin, buttock, anus, pubes, or genitals; or a sex act, as
  1 34 defined in section 702.17.  Sexual exploitation does not
  1 35 include touching which is part of a necessary examination,
  2  1 treatment, or care by a caretaker acting within the scope of
  2  2 the practice or employment of the caretaker; the exchange of a
  2  3 brief touch or hug between the dependent adult and a caretaker
  2  4 for the purpose of reassurance, comfort or casual friendship;
  2  5 or touching between spouses.
  2  6    Sec. 4.  Section 235B.3, subsection 3, Code 1995, is
  2  7 amended to read as follows:
  2  8    3.  If a staff member or employee is required to report
  2  9 pursuant to this section, the person shall immediately notify
  2 10 the person in charge or the person's designated agent, and the
  2 11 person in charge or the designated agent shall make the report
  2 12 by the end of the next business day.  
  2 13 SF 174
  2 14 pf/cc/26
     
Text: SF00173                           Text: SF00175
Text: SF00100 - SF00199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
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