Text: SSB00248                          Text: SSB00250
Text: SSB00200 - SSB00299               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 249

Bill Text

PAG LIN
  1  1    Section 1.  Section 135C.33, subsection 1, Code 1997, is
  1  2 amended to read as follows:
  1  3    1.  On or after July 1, 1994 1997, with regard to new
  1  4 applicants for licensure or employment, if a person is being
  1  5 considered for licensure under this chapter, or for employment
  1  6 involving direct responsibility for a resident or with access
  1  7 to a resident when the resident is alone, or if the person
  1  8 considered for licensure or employment under this chapter will
  1  9 reside in a facility, the facility may shall request that and
  1 10 the department of human services shall conduct criminal and
  1 11 child and dependent adult abuse record checks in this state
  1 12 and.  In addition, the department of human services may
  1 13 perform the records checks in other states, on a random basis.
  1 14 Beginning July 1, 1994 1997, a facility shall inform all new
  1 15 applicants for employment of the possibility of regarding the
  1 16 performance of a record check and shall obtain, from the
  1 17 applicant, a signed acknowledgment of the receipt of the
  1 18 information.  Additionally, on or after July 1, 1994, a
  1 19 facility shall include the following inquiry in an application
  1 20 for employment:  "Do you have a record of founded child or
  1 21 dependent adult abuse or have you ever been convicted of a
  1 22 crime, in this state or any other state?"  If the person has
  1 23 been convicted of a crime under a law of any state or has a
  1 24 record of founded child or dependent adult abuse, the
  1 25 department of human services shall perform an evaluation to
  1 26 determine whether the crime or founded child or dependent
  1 27 adult abuse warrants prohibition of licensure, employment, or
  1 28 residence in the facility.  The evaluation shall be performed
  1 29 in accordance with procedures adopted for this purpose by the
  1 30 department of human services.  
  1 31                           EXPLANATION
  1 32    This bill requires health care facilities to request
  1 33 criminal and child and dependent adult abuse records checks of
  1 34 prospective and current health care facility licensees and
  1 35 employees.  Under current law, the checks are done pursuant to
  2  1 an optional request by the health care facility to the
  2  2 department of human services and are done on a random basis.
  2  3    The bill amends Code section 135C.33 to apply the records
  2  4 checks requirement to residential care facilities, nursing
  2  5 facilities, intermediate care facilities for persons with
  2  6 mental retardation, and intermediate care facilities for
  2  7 persons with mental illness licensed under chapter 135C.
  2  8    Current law is unchanged which after a records check is
  2  9 done, prohibits the licensure, employment by, or residence in
  2 10 a health care facility of a person who has committed a crime
  2 11 or has a record of founded child or dependent adult abuse if
  2 12 the prohibition is found to be warranted by a department of
  2 13 human services evaluation.  
  2 14 LSB 2672JA 77
  2 15 jp/sc/14
     

Text: SSB00248                          Text: SSB00250
Text: SSB00200 - SSB00299               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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