Iowa General Assembly Banner

 
Text: HF00419                           Text: HF00421
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 420

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 135C.33, Code 1997, is amended to read
  1  2 as follows:
  1  3    135C.33  CHILD OR DEPENDENT ADULT ABUSE INFORMATION AND
  1  4 CRIMINAL RECORDS –EVALUATIONS.
  1  5    1.  On or after July 1, 1994 1997, with regard to new
  1  6 applicants for licensure or employment, if a person is being
  1  7 considered for licensure under this chapter, or for employment
  1  8 involving direct responsibility for a resident or with access
  1  9 to a resident when the resident is alone, or if the person
  1 10 considered for licensure or employment under this chapter will
  1 11 reside in by a facility, the facility may shall request that
  1 12 the department of human services inspections and appeals
  1 13 conduct criminal and child and dependent adult abuse record
  1 14 checks in this state and.  In addition, the department of
  1 15 inspections and appeals may perform the records checks in
  1 16 other states, on a random basis.  Beginning July 1, 1994 1997,
  1 17 a facility shall inform all new applicants for employment of
  1 18 the possibility of regarding the performance of a record check
  1 19 the records checks and shall obtain, from the applicant, a
  1 20 signed acknowledgment of the receipt of the information.
  1 21 Additionally, on or after July 1, 1994, a facility shall
  1 22 include the following inquiry in an application for
  1 23 employment:  "Do you have a record of founded child or
  1 24 dependent adult abuse or have you ever been convicted of a
  1 25 crime, in this state or any other state?"  If the person has
  1 26 been convicted of a crime under a law of any state or has a
  1 27 record of founded child or dependent adult abuse, the
  1 28 department of human services shall perform an evaluation to
  1 29 determine whether the crime or founded child or dependent
  1 30 adult abuse warrants prohibition of licensure, employment, or
  1 31 residence in by the facility.  The evaluation shall be
  1 32 performed in accordance with procedures adopted for this
  1 33 purpose by the department of human services.
  1 34    2.  If the department of human services inspections and
  1 35 appeals determines that a person has committed a crime or has
  2  1 a record of founded child or dependent adult abuse and is
  2  2 licensed, employed by a facility licensed under this chapter,
  2  3 or resides in a licensed facility, the department shall notify
  2  4 the licensee that an evaluation will be conducted by the
  2  5 department of human services to determine whether prohibition
  2  6 of the person's licensure, employment, or residence is
  2  7 warranted.
  2  8    3.  In an evaluation, the department of human services
  2  9 shall consider the nature and seriousness of the crime or
  2 10 founded child or dependent adult abuse in relation to the
  2 11 position sought or held, the time elapsed since the commission
  2 12 of the crime or founded child or dependent adult abuse, the
  2 13 circumstances under which the crime or founded child or
  2 14 dependent adult abuse was committed, the degree of
  2 15 rehabilitation, the likelihood that the person will commit the
  2 16 crime or founded child or dependent adult abuse again, and the
  2 17 number of crimes or founded child or dependent adult abuses
  2 18 committed by the person involved.  The department of human
  2 19 services has final authority in determining whether
  2 20 prohibition of the person's licensure, employment, or
  2 21 residence is warranted.
  2 22    4.  If the department of human services determines that the
  2 23 person has committed a crime or has a record of founded child
  2 24 or dependent adult abuse which warrants prohibition of
  2 25 licensure, employment, or residence, the person shall not be
  2 26 licensed under this chapter and shall not be employed by a
  2 27 facility or reside in a facility licensed under this chapter.
  2 28    Sec. 2.  Section 235A.15, subsection 2, paragraph e, Code
  2 29 1997, is amended by adding the following new subparagraph:
  2 30    NEW SUBPARAGRAPH.  (16)  To the department of inspections
  2 31 and appeals for purposes of performing records checks required
  2 32 under section 135C.33 and for records checks of a department
  2 33 employee who performs the records checks required under
  2 34 section 135C.33.
  2 35    Sec. 3.  Section 235B.6, subsection 2, paragraph e, Code
  3  1 1997, is amended by adding the following new subparagraph:
  3  2    NEW SUBPARAGRAPH.  (7)  The department of inspections and
  3  3 appeals for purposes of performing records checks required
  3  4 under section 135C.33 and for records checks of a department
  3  5 employee who performs the records checks required under
  3  6 section 135C.33.  
  3  7                           EXPLANATION
  3  8    This bill relates to health care facilities by requiring
  3  9 employment checks of prospective health care facility
  3 10 employees.
  3 11    The bill amends Code section 135C.33 to require the
  3 12 department of inspections and appeals to conduct criminal and
  3 13 child and dependent adult abuse records checks of prospective
  3 14 health care facility employees.  Under current law, the checks
  3 15 are done pursuant to a request by the health care facility to
  3 16 the department of human services and are done only on a random
  3 17 basis.  In addition, the bill applies to all facility
  3 18 employees by striking references to licensees and persons
  3 19 residing in a health care facility.
  3 20    The bill requires the records checks regarding employment
  3 21 by residential care facilities, nursing facilities,
  3 22 intermediate care facilities for persons with mental
  3 23 retardation, and intermediate care facilities for persons with
  3 24 mental illness licensed under chapter 135C.
  3 25    The bill amends Code section 135C.33 to provide that if the
  3 26 department of inspections and appeals determines there is a
  3 27 record of a crime or founded abuse there will be an evaluation
  3 28 to determine if prohibition of employment by a health care
  3 29 facility is warranted.
  3 30    Current law is unchanged which after a records check is
  3 31 done, prohibits the employment by a health care facility of a
  3 32 person who has committed a crime or has a record of founded
  3 33 child or dependent adult abuse if the prohibition is found to
  3 34 be warranted by a department of human services' evaluation.
  3 35    The bill also amends sections 235A.15 and 235B.6 to provide
  4  1 the department of inspections and appeals with access to the
  4  2 child and dependent adult abuse registries for purposes of
  4  3 performing the records checks of health care facility
  4  4 employees and the department employees who perform the records
  4  5 checks.  
  4  6 LSB 2397HH 77
  4  7 jp/jj/8.1
     
Text: HF00419                           Text: HF00421
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
Return To Home Iowa General Assembly

index Search: House Bills and Amendments (77th General Assembly)

© 1997 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Mar 13 08:02:13 CST 1997
URL: /DOCS/GA/77GA/Legislation/HF/00400/HF00420/970304.html
jhf