Text: HF02499                           Text: HF02501
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Bills and Amendments: General Index     Bill History: General Index



House File 2500

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 235B.2, subsection 5, paragraph a, Code
  1  2 1999, is amended by striking the paragraph and inserting in
  1  3 lieu thereof the following:
  1  4    a.  "Dependent adult abuse" means any of the following acts
  1  5 or omissions, as delineated, of a caretaker:
  1  6    (1)  Willful or reckless acts or omissions resulting in
  1  7 physical injury, or injury which is at a variance with the
  1  8 history provided of the injury, to a dependent adult.
  1  9    (2)  Willful commission of an assault on a dependent adult.
  1 10 Physical injury need not be established.  "Assault" means the
  1 11 caretaker does any of the following, coupled with the apparent
  1 12 ability to execute the act:
  1 13    (a)  Performs an act which is intended to cause pain or
  1 14 injury to the dependent adult.
  1 15    (b)  Performs an act which is intended to result in
  1 16 physical contact which will be insulting or offensive to the
  1 17 dependent adult.
  1 18    (c)  Performs an act which is intended to place the
  1 19 dependent adult in fear of immediate physical contact which
  1 20 will be painful, injurious, insulting or offensive.
  1 21    (3)  Willful engagement in the commission of a sexual
  1 22 offense, as defined in chapter 709 or section 726.2, with or
  1 23 against a dependent adult.
  1 24    (4)  (a)  Willful engagement in the commission of sexual
  1 25 exploitation of a dependent adult who is a resident of a
  1 26 health care facility, as defined in section 135C.1, or a
  1 27 licensed hospital, as defined in section 135B.1, when the
  1 28 caretaker is providing services to or is employed by the
  1 29 health care facility or hospital.  Sexual exploitation occurs
  1 30 if the acts occur either within the health care facility or
  1 31 hospital, or at a location outside the health care facility or
  1 32 hospital.
  1 33    (b)  "Sexual exploitation" means any consensual or
  1 34 nonconsensual sexual conduct with a dependent adult for the
  1 35 purpose of arousing or satisfying the sexual desires of the
  2  1 caretaker or dependent adult, which includes but is not
  2  2 limited to kissing; touching of the clothed or unclothed inner
  2  3 thigh, breast, groin, buttock, anus, pubes, or genitals; or a
  2  4 sex act, as defined in section 702.17.  Sexual exploitation
  2  5 does not include touching, which is part of a necessary
  2  6 examination, treatment or care by a caretaker; the exchange of
  2  7 a brief touch or hug between the dependent adult and a
  2  8 caretaker for the purpose of reassurance, comfort, or casual
  2  9 friendship; or touching between spouses.
  2 10    (5)  Unreasonable confinement, unreasonable punishment, or
  2 11 misuses of physical interventions.  "Misuses physical
  2 12 interventions" means a caretaker acts to control or modify a
  2 13 dependent adult's behavior by committing or directing acts not
  2 14 approved by a physician's orders, an approved plan of care, or
  2 15 the official policy of a health care facility or hospital.
  2 16 Physical injury must be established.
  2 17    (6)  Willful commission or causing of wanton neglect of a
  2 18 dependent adult.  "Wanton neglect" means to knowingly act in a
  2 19 manner likely to be injurious to the physical or mental
  2 20 welfare of a dependent adult.
  2 21    (7)  Willful causing of exploitation of a dependent adult.
  2 22 "Exploitation" means the act or process of taking unfair
  2 23 advantage of a dependent adult or the dependent adult's
  2 24 physical or financial resources for one's own personal or
  2 25 pecuniary profit, without the informed consent of the
  2 26 dependent adult.  Exploitation includes, but is not limited
  2 27 to, theft, the use of undue influence, harassment,
  2 28 intimidation, duress, deception, false representation, or
  2 29 false pretenses.
  2 30    (8)  Commission of any crime against a dependent adult or
  2 31 engagement of a dependent adult in any crime.  "Any crime"
  2 32 means a crime as defined in chapters 701 through 728, or
  2 33 crimes proscribed by foreign jurisdictions that are punishable
  2 34 by fine or imprisonment.
  2 35    (9)  Negligent, reckless, or willful commission or causing
  3  1 of the denial of critical care.  "Denial of critical care"
  3  2 means acts or omissions that result in the deprivation of the
  3  3 minimum food, shelter, clothing, supervision, physical or
  3  4 mental health care, or other care necessary to maintain a
  3  5 dependent adult's life or health.
  3  6    Sec. 2.  Section 235B.2, subsection 5, Code 1999, is
  3  7 amended by adding the following new lettered paragraph after
  3  8 paragraph a:
  3  9    NEW PARAGRAPH.  aa.  "Dependent adult abuse" also means
  3 10 that a dependent adult acts or fails to act resulting in self-
  3 11 neglect or self-denial of critical care.  "Self-neglect or
  3 12 self-denial of critical care" means that acts or omissions of
  3 13 the dependent adult create circumstances that are likely to be
  3 14 injurious to the physical or mental welfare of the dependent
  3 15 adult.  "Self-neglect or self-denial of critical care"
  3 16 includes acts or omissions by the dependent adult that result
  3 17 in the deprivation of the minimum food, shelter, clothing,
  3 18 supervision, physical or mental health care, or other care
  3 19 necessary to maintain the dependent adult's life or health.  
  3 20                           EXPLANATION
  3 21    This bill relates to the regulatory powers of the
  3 22 department of inspections and appeals relating to dependent
  3 23 adult abuse and the definition of "dependent adult abuse".
  3 24    The amendment to Code section 235B.2 rewrites the
  3 25 definition of "dependent adult abuse" to provide an element of
  3 26 intent in some instances, whether it be willful, reckless, or
  3 27 negligent, associated with the specific category of abuse.
  3 28 The Code section also adds and defines the act of "misuse of
  3 29 physical interventions" in the area of unreasonable
  3 30 confinement and unreasonable punishment.  The bill adds as a
  3 31 type of dependent adult abuse "wanton neglect" which is
  3 32 currently established as a crime under Code chapter 726.  The
  3 33 commission of any crime against a dependent adult and engaging
  3 34 a dependent adult in any crime are also added under the
  3 35 definition of "dependent adult abuse".  
  4  1 LSB 5756HV 78
  4  2 pf/cls/14
     

Text: HF02499                           Text: HF02501
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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