Text: SF00522 Text: SF00524 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 523 1 2 1 3 AN ACT 1 4 RELATING TO HEALTH CARE FACILITIES BY REQUIRING EMPLOYMENT 1 5 CHECKS OF PROSPECTIVE HEALTH CARE FACILITY EMPLOYEES. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 135C.33, Code 1997, is amended to read 1 10 as follows: 1 11 135C.33 CHILD OR DEPENDENT ADULT ABUSE INFORMATION AND 1 12 CRIMINAL RECORDS EVALUATIONS. 1 13 1.On or afterBeginning July 1,19941997,with regard to1 14new applicants for licensure or employment, if a person is1 15being considered for licensure under this chapter, or for1 16employment involving direct responsibility for a resident or1 17with access to a resident when the resident is alone, or if1 18the person considered for licensure or employment under this1 19chapter will resideprior to employment of a person in a 1 20 facility, the facilitymayshall request that the department 1 21 ofhuman services conductpublic safety perform criminaland1 22childand dependent adult abuse record checks of the person in 1 23 this stateand in other states, on a random basis. In 1 24 addition, the facility may request that the department of 1 25 human services perform a child abuse record check in this 1 26 state. Beginning July 1,19941997, a facility shall inform 1 27 allnew applicants for employmentpersons prior to employment 1 28of the possibility ofregarding the performance ofa record1 29checkthe records checks and shall obtain, from theapplicant1 30 persons, a signed acknowledgment of the receipt of the 1 31 information. Additionally,on or after July 1, 1994,a 1 32 facility shall include the following inquiry in an application 1 33 for employment: "Do you have a record of founded child or 1 34 dependent adult abuse or have you ever been convicted of a 1 35 crime, in this state or any other state?" If the person has 2 1 been convicted of a crime under a law of any state or has a 2 2 record of founded child or dependent adult abuse, the 2 3 department of human services shall perform an evaluation to 2 4 determine whether the crime or founded child or dependent 2 5 adult abuse warrants prohibition oflicensure,employment, or2 6residencein the facility. The evaluation shall be performed 2 7 in accordance with procedures adopted for this purpose by the 2 8 department of human services. 2 9 2. If the department ofhuman servicespublic safety 2 10 determines that a person has committed a crime or has a record 2 11 of foundedchild ordependent adult abuse and islicensed,to 2 12 be employedbyin a facility licensed under this chapter,or2 13resides in a licensed facility,the department of public 2 14 safety shall notify the licensee that an evaluation will be 2 15 conducted by the department of human services to determine 2 16 whether prohibition of the person'slicensure,employment, or2 17residenceis warranted. If a department of human services 2 18 child abuse record check determines the person has a record of 2 19 founded child abuse, the department shall inform the licensee 2 20 that an evaluation will be conducted to determine whether 2 21 prohibition of the person's employment is warranted. 2 22 3. In an evaluation, the department of human services 2 23 shall consider the nature and seriousness of the crime or 2 24 founded child or dependent adult abuse in relation to the 2 25 position sought or held, the time elapsed since the commission 2 26 of the crime or founded child or dependent adult abuse, the 2 27 circumstances under which the crime or founded child or 2 28 dependent adult abuse was committed, the degree of 2 29 rehabilitation, the likelihood that the person will commit the 2 30 crime or founded child or dependent adult abuse again, and the 2 31 number of crimes or founded child or dependent adult abuses 2 32 committed by the person involved. The department of human 2 33 services has final authority in determining whether 2 34 prohibition of the person'slicensure,employment, or2 35residenceis warranted. 3 1 4. If the department of human services determines that the 3 2 person has committed a crime or has a record of founded child 3 3 or dependent adult abuse which warrants prohibition of 3 4licensure,employment,or residence,the person shall not be 3 5licensed under this chapter and shall not beemployedbyin a 3 6 facilityor reside in a facilitylicensed under this chapter. 3 7 Sec. 2. Section 235B.6, subsection 2, paragraph e, Code 3 8 1997, is amended by adding the following new subparagraph: 3 9 NEW SUBPARAGRAPH. (7) The department of public safety for 3 10 purposes of performing records checks required under section 3 11 135C.33. 3 12 Sec. 3. HOME HEALTH SERVICES REGULATORY REQUIREMENTS. 3 13 The departments of public health and inspections and appeals 3 14 shall review federal and state requirements applicable to 3 15 providers of homemaker, home-health aide, home-care aide, 3 16 hospice, and other in-home services to persons with health 3 17 problems. The review shall include but is not limited to 3 18 current and proposed federal requirements for quality 3 19 assurance, fiscal information concerning the source of 3 20 regulatory funding, feasibility analysis of requiring criminal 3 21 and dependent adult abuse record checks of employees of the 3 22 providers, feasibility analysis of implementing state 3 23 regulation of the providers, and other information deemed 3 24 appropriate by the departments. The departments shall submit 3 25 a report of findings and recommendations on or before December 3 26 15, 1997. 3 27 3 28 3 29 3 30 MARY E. KRAMER 3 31 President of the Senate 3 32 3 33 3 34 3 35 RON J. CORBETT 4 1 Speaker of the House 4 2 4 3 I hereby certify that this bill originated in the Senate and 4 4 is known as Senate File 523, Seventy-seventh General Assembly. 4 5 4 6 4 7 4 8 MARY PAT GUNDERSON 4 9 Secretary of the Senate 4 10 Approved , 1997 4 11 4 12 4 13 4 14 TERRY E. BRANSTAD 4 15 Governor
Text: SF00522 Text: SF00524 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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