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Senate File 523

Partial Bill History

Bill Text

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 after Beginning July 1, 1994 1997, with regard to
  1 14 new applicants for licensure or employment, if a person is
  1 15 being considered for licensure under this chapter, or for
  1 16 employment involving direct responsibility for a resident or
  1 17 with access to a resident when the resident is alone, or if
  1 18 the person considered for licensure or employment under this
  1 19 chapter will reside prior to employment of a person in a
  1 20 facility, the facility may shall request that the department
  1 21 of human services conduct public safety perform criminal and
  1 22 child and dependent adult abuse record checks of the person in
  1 23 this state and 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, 1994 1997, a facility shall inform
  1 27 all new applicants for employment persons prior to employment
  1 28 of the possibility of regarding the performance of a record
  1 29 check the records checks and shall obtain, from the applicant
  1 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 of licensure, employment, or
  2  6 residence in 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 of human services public safety
  2 10 determines that a person has committed a crime or has a record
  2 11 of founded child or dependent adult abuse and is licensed, to
  2 12 be employed by in a facility licensed under this chapter, or
  2 13 resides 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's licensure, employment, or
  2 17 residence is 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's licensure, employment, or
  2 35 residence is 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  4 licensure, employment, or residence, the person shall not be
  3  5 licensed under this chapter and shall not be employed by in a
  3  6 facility or reside in a facility licensed 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
     
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