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House Amendment 1526

Amendment Text

PAG LIN
  1  1    Amend House File 634 as follows:
  1  2    #1.  By striking page 1, line 5, through page 3,
  1  3 line 6, and inserting the following:
  1  4    "1.  On or after Beginning July 1, 1994 1997, with
  1  5 regard to new applicants for licensure or employment,
  1  6 if a person is being considered for licensure under
  1  7 this chapter, or for employment involving direct
  1  8 responsibility for a resident or with access to a
  1  9 resident when the resident is alone, or if the person
  1 10 considered for licensure or employment under this
  1 11 chapter will reside prior to employment of a person in
  1 12 a facility, the facility may shall request that the
  1 13 department of human services conduct public safety
  1 14 perform criminal and child and dependent adult abuse
  1 15 record checks of the person in this state and in other
  1 16 states, on a random basis.  In addition, the facility
  1 17 may request that the department of human services
  1 18 perform a child abuse record check in this state.
  1 19 Beginning July 1, 1994 1997, a facility shall inform
  1 20 all new applicants for employment persons prior to
  1 21 employment of the possibility of regarding the
  1 22 performance of a record check the records checks and
  1 23 shall obtain, from the applicant persons, a signed
  1 24 acknowledgment of the receipt of the information.
  1 25 Additionally, on or after July 1, 1994, a facility
  1 26 shall include the following inquiry in an application
  1 27 for employment:  "Do you have a record of founded
  1 28 child or dependent adult abuse or have you ever been
  1 29 convicted of a crime, in this state or any other
  1 30 state?"  If the person has been convicted of a crime
  1 31 under a law of any state or has a record of founded
  1 32 child or dependent adult abuse, the department of
  1 33 human services shall perform an evaluation to
  1 34 determine whether the crime or founded child or
  1 35 dependent adult abuse warrants prohibition of
  1 36 licensure, employment, or residence in the facility.
  1 37 The evaluation shall be performed in accordance with
  1 38 procedures adopted for this purpose by the department
  1 39 of human services.
  1 40    2.  If the department of human services public
  1 41 safety determines that a person has committed a crime
  1 42 or has a record of founded child or dependent adult
  1 43 abuse and is licensed, to be employed by in a facility
  1 44 licensed under this chapter, or resides in a licensed
  1 45 facility, the department of public safety shall notify
  1 46 the licensee that an evaluation will be conducted by
  1 47 the department of human services to determine whether
  1 48 prohibition of the person's licensure, employment, or
  1 49 residence is warranted.  If a department of human
  1 50 services child abuse record check determines the
  2  1 person has a record of founded child abuse, the
  2  2 department shall inform the licensee that an
  2  3 evaluation will be conducted to determine whether
  2  4 prohibition of the person's employment is warranted.
  2  5    3.  In an evaluation, the department of human
  2  6 services shall consider the nature and seriousness of
  2  7 the crime or founded child or dependent adult abuse in
  2  8 relation to the position sought or held, the time
  2  9 elapsed since the commission of the crime or founded
  2 10 child or dependent adult abuse, the circumstances
  2 11 under which the crime or founded child or dependent
  2 12 adult abuse was committed, the degree of
  2 13 rehabilitation, the likelihood that the person will
  2 14 commit the crime or founded child or dependent adult
  2 15 abuse again, and the number of crimes or founded child
  2 16 or dependent adult abuses committed by the person
  2 17 involved.  The department of human services has final
  2 18 authority in determining whether prohibition of the
  2 19 person's licensure, employment, or residence is
  2 20 warranted.
  2 21    4.  If the department of human services determines
  2 22 that the person has committed a crime or has a record
  2 23 of founded child or dependent adult abuse which
  2 24 warrants prohibition of licensure, employment, or
  2 25 residence, the person shall not be licensed under this
  2 26 chapter and shall not be employed by in a facility or
  2 27 reside in a facility licensed under this chapter.
  2 28    Sec. ___.  Section 235B.6, subsection 2, paragraph
  2 29 e, Code 1997, is amended by adding the following new
  2 30 subparagraph:
  2 31    NEW SUBPARAGRAPH.  (7)  The department of public
  2 32 safety for purposes of performing records checks
  2 33 required under section 135C.33.
  2 34    Sec. ___.  HOME HEALTH SERVICES – REGULATORY
  2 35 REQUIREMENTS.  The departments of public health and
  2 36 inspections and appeals shall review federal and state
  2 37 requirements applicable to providers of homemaker,
  2 38 home-health aide, home-care aide, hospice, and other
  2 39 in-home services to persons with health problems.  The
  2 40 review shall include but is not limited to current and
  2 41 proposed federal requirements for quality assurance,
  2 42 fiscal information concerning the source of regulatory
  2 43 funding, feasibility analysis of requiring criminal
  2 44 and dependent adult abuse record checks of employees
  2 45 of the providers, feasibility analysis of implementing
  2 46 state regulation of the providers, and other
  2 47 information deemed appropriate by the departments.
  2 48 The departments shall submit a report of findings and
  2 49 recommendations on or before December 15, 1997."
  2 50    #2.  Title page, by striking lines 1 through 3 and
  3  1 inserting the following:  "An Act relating to health
  3  2 care facilities by requiring employment checks of
  3  3 prospective health care facility employees."
  3  4    #3.  By renumbering as necessary.  
  3  5 
  3  6 
  3  7                               
  3  8 MARTIN of Scott
  3  9 HF 634.202 77
  3 10 jp/jj/28
     

Text: H01525                            Text: H01527
Text: H01500 - H01599                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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