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