Text: HSB00572                          Text: HSB00574
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 573

Bill Text

PAG LIN
  1  1    Section 1.  Section 135C.33, Code Supplement 1997, is
  1  2 amended by adding the following new subsection:
  1  3    NEW SUBSECTION.  1A.  Any fee charged by the department of
  1  4 public safety under section 692.2 or by the department of
  1  5 human services for a records check or related service
  1  6 performed pursuant to this section shall not exceed the actual
  1  7 cost of the records check.  The fee charged for a records
  1  8 check of an individual under more than one name shall not be
  1  9 greater than the fee charged for a records check of the
  1 10 individual under one name.  All fees collected for records
  1 11 checks shall be allocated to each department in proportion to
  1 12 the department's costs for performing the records checks.
  1 13 Annually, on or before January 10, each department shall
  1 14 submit to the legislative fiscal bureau an audit of the
  1 15 department's expenses and receipts for providing the records
  1 16 checks during the preceding fiscal year.
  1 17    Sec. 2.  Section 135C.33, subsection 3, Code Supplement
  1 18 1997, is amended to read as follows:
  1 19    3.  In an evaluation, the The department of human services
  1 20 shall consider adopt rules for performing an evaluation to
  1 21 determine whether a crime or founded child or dependent abuse
  1 22 warrants prohibition of a person's employment in a facility.
  1 23 The rules shall address consideration of the nature and
  1 24 seriousness of the crime or founded child or dependent adult
  1 25 abuse in relation to the position sought or held, the time
  1 26 elapsed since the commission of the crime or founded child or
  1 27 dependent adult abuse, the circumstances under which the crime
  1 28 or founded child or dependent adult abuse was committed, the
  1 29 degree of rehabilitation, the likelihood that the person will
  1 30 commit the crime or founded child or dependent adult abuse
  1 31 again, and the number of crimes or founded child or dependent
  1 32 adult abuses committed by the person involved.  The department
  1 33 of human services has final authority in determining whether
  1 34 prohibition of the person's employment is warranted.  The
  1 35 rules shall specify the maximum amount of time for the
  2  1 department to perform the evaluation and make the
  2  2 determination.
  2  3    Sec. 3.  Section 135C.33, Code Supplement 1997, is amended
  2  4 by adding the following new subsections:
  2  5    NEW SUBSECTION.  5.  A facility may conditionally employ a
  2  6 person prior to the completion of the records checks under
  2  7 this section provided the person affirms in writing that the
  2  8 person has not been convicted of a crime and does not have a
  2  9 record of founded child or dependent adult abuse that would
  2 10 warrant prohibition of the person's employment under the rules
  2 11 for evaluations adopted by the department of human services.
  2 12 A facility that conditionally employs a person under this
  2 13 subsection shall not have tort or contract liability for any
  2 14 damages arising out of any action by the person while the
  2 15 person is conditionally employed, based solely on the fact
  2 16 that the department of human services later prohibited the
  2 17 person's employment by the facility.
  2 18    NEW SUBSECTION.  6.  If a facility changes ownership, the
  2 19 employees of the facility shall not be considered to be new
  2 20 employees for the purposes of this section.  If an employee of
  2 21 a facility changes position within the facility or within the
  2 22 organization of the person who owns the facility, the employee
  2 23 shall not be considered to be a new employee for the purposes
  2 24 of this section.  
  2 25                           EXPLANATION
  2 26    This bill relates to records checks of persons employed in
  2 27 health care facilities (residential care facilities, nursing
  2 28 facilities, intermediate care facilities for persons with
  2 29 mental retardation, and intermediate care facilities for
  2 30 persons with mental illness).  The bill amends current law and
  2 31 provides new language in Code section 135C.33, relating to
  2 32 criminal and child and dependent abuse records checks of
  2 33 employees of these facilities.
  2 34    The bill addresses fees for records checks.  The
  2 35 departments of public safety and human services are prohibited
  3  1 from charging fees in excess of the costs of performing the
  3  2 records checks.  The fee for checking the records of an
  3  3 individual under more than one name is to be the same as
  3  4 checking an individual under one name.  Fees are to be
  3  5 allocated to the departments in proportion to costs.  The
  3  6 departments are to annually report audited income and expenses
  3  7 for the checks.
  3  8    The department of human services criteria for performing
  3  9 evaluations of persons with a criminal record or record of
  3 10 founded child or dependent adult abuse are to be adopted in
  3 11 administrative rules.  The rules are to include the maximum
  3 12 amount of time the department is to take in performing an
  3 13 evaluation and making a determination whether to prohibit a
  3 14 person's employment due to the person's record.
  3 15    A facility is authorized to conditionally employ a person
  3 16 who has stated in writing that the person does not have a
  3 17 criminal record or record of founded child or dependent adult
  3 18 abuse which would result in the person's employment being
  3 19 prohibited under the department's rules.  A facility that
  3 20 conditionally employs a person does not have tort or contract
  3 21 liability for the person's actions solely because the
  3 22 department later prohibits the person's employment.
  3 23    Finally, the bill provides that existing employees are not
  3 24 to be considered new employees when facility ownership changes
  3 25 or the employee's position changes within the organization
  3 26 which owns the facility.  
  3 27 LSB 3912HC 77
  3 28 jp/cf/24
     

Text: HSB00572                          Text: HSB00574
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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