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Senate Study Bill 108

Conference Committee 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 by a caretaker in a
  1 23 health care facility as defined pursuant to section 135C.1.
  1 24 "Sexual exploitation" means any sexual conduct with a
  1 25 dependent adult for the purpose of arousing or satisfying the
  1 26 sexual desires of the caretaker or dependent adult, which
  1 27 includes but is not limited to kissing; touching of the
  1 28 clothed or unclothed inner thigh, breast, groin, buttock,
  1 29 anus, pubes, or genitals; or a sex act as defined in section
  1 30 702.17.  Actions utilized in providing necessary treatment or
  1 31 care in accordance with accepted standards of practice is not
  1 32 considered sexual exploitation.  
  1 33                           EXPLANATION
  1 34    This bill relates to health facilities under the purview of
  1 35 the department of inspections and appeals.  Section 1
  2  1 eliminates a requirement that a hospital licensee or applicant
  2  2 for a license submit plans to the department prior to
  2  3 alteration, addition, or new construction, for inspection and
  2  4 approval or recommendations by the department.  Section 2
  2  5 provides for provisional licensure of psychiatric medical
  2  6 institutions for children.  Section 3 defines sexual
  2  7 exploitation by a caretaker in a health care facility as
  2  8 dependent adult abuse for the purposes of the dependent adult
  2  9 abuse chapter.  
  2 10                      BACKGROUND STATEMENT
  2 11                     SUBMITTED BY THE AGENCY
  2 12    Section 1 amends chapter 135B to remove outdated language
  2 13 relating to preliminary inspection and approval of
  2 14 construction plans for hospitals.  The department has not
  2 15 routinely reviewed construction plans since 1981, when funding
  2 16 was reduced for this function.
  2 17    Section 2 brings the licensing provisions for psychiatric
  2 18 medical institutions for children (PMIC) in concert with
  2 19 licensing provisions for a comprehensive residential facility.
  2 20 Currently when a PMIC, which must also be licensed as either a
  2 21 comprehensive residential facility or a substance abuse
  2 22 facility, is in noncompliance with chapter 135H, the
  2 23 department has two options for licensing &endash; fully licensing or
  2 24 revoking the license.  The comprehensive residential facility
  2 25 licensing provisions allow for a provisional license in cases
  2 26 of noncompliance.  In order for the PMIC licensing provisions
  2 27 to conform to the comprehensive licensing provision, this
  2 28 language is necessary.  In addition, this language will
  2 29 provide flexibility to the department by allowing another
  2 30 alternative for bringing facilities into compliance.
  2 31    Section 3 adds a definition of "sexual exploitation by a
  2 32 caretaker in a health care facility" to chapter 235B,
  2 33 dependent adult abuse.  This language covers concerns
  2 34 regarding consensual sexual activity between a caretaker and a
  2 35 resident in a health care facility.  Under the current
  3  1 definition of sexual abuse, consensual sexual activity in a
  3  2 health care facility would not be considered sexual abuse.  
  3  3 LSB 1184DP 76
  3  4 pf/cf/24.1
     
Text: SSB00107                          Text: SSB00109
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