Text: HSB00219 Text: HSB00221 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 235B.1, subsection 3, Code 1999, is
1 2 amended to read as follows:
1 3 3. Procedures for referral of cases among service
1 4 providers, including the referral of victims of dependent
1 5 adult abuse residing in licensed hospitals or health care
1 6 facilities.
1 7 Sec. 2. Section 235B.2, subsection 5, paragraph a, Code
1 8 1999, is amended by striking the paragraph and inserting in
1 9 lieu thereof the following:
1 10 a. "Dependent adult abuse" means that a caretaker has done
1 11 any of the following:
1 12 (1) Willfully or recklessly committed acts or omissions
1 13 resulting in physical injury, or injury which is at variance
1 14 with the history given of the injury, to a dependent adult.
1 15 (2) Willfully committed an assault on a dependent adult.
1 16 Physical injury need not be established to constitute an
1 17 assault. "Assault" means any act committed by the caretaker,
1 18 without justification, and coupled with the apparent ability
1 19 to execute the act, which act results in any of the following:
1 20 (a) Causes pain or injury to the dependent adult.
1 21 (b) Is intended to result in physical contact which will
1 22 be insulting or offensive to the dependent adult.
1 23 (c) Is intended to place the dependent adult in fear of
1 24 immediate physical contact which will be painful, injurious,
1 25 insulting, or offensive.
1 26 (3) Willfully engaged in the commission of a sexual
1 27 offense, as defined in chapter 709 or section 762.2, with or
1 28 against a dependent adult.
1 29 (4) Willfully engaged in the commission of sexual
1 30 exploitation of a dependent adult who is a resident of a
1 31 health care facility, as defined in section 135C.1, or a
1 32 licensed hospital, as defined in section 135B.1, when the
1 33 caretaker is providing services to or is employed by the
1 34 health care facility or hospital. Sexual exploitation occurs
1 35 whether the acts occur within the health care facility or
2 1 hospital, or at a location outside the health care facility or
2 2 hospital.
2 3 "Sexual exploitation" means any consensual or nonconsensual
2 4 sexual conduct with a dependent adult for the purpose of
2 5 arousing or satisfying the sexual desires of the caretaker or
2 6 dependent adult, which includes but is not limited to kissing;
2 7 touching of the clothed or unclothed inner thigh, breast,
2 8 groin, buttock, anus, pubes, or genitals; or a sex act, as
2 9 defined in section 702.17. Sexual exploitation does not
2 10 include touching which is part of a necessary examination,
2 11 treatment, or care by a caretaker; the exchange of a brief
2 12 touch or hug between the dependent adult and a caretaker for
2 13 the purpose of reassurance, comfort, or casual friendship; or
2 14 touching between spouses.
2 15 (5) Unreasonably confined a dependent adult, unreasonably
2 16 punished a dependent adult, or misused physical interventions
2 17 with respect to a dependent adult. "Misuse of physical
2 18 interventions" means a caretaker acts to control or modify a
2 19 dependent adult's behavior by committing or directing acts not
2 20 approved by a physician's order, under an approved plan of
2 21 care, or pursuant to the official policy of a health care
2 22 facility or hospital. Physical injury need not be established
2 23 to constitute unreasonable confinement, unreasonable
2 24 punishment, or misuse of physical interventions.
2 25 (6) Willfully committed or caused wanton neglect of a
2 26 dependent adult. "Wanton neglect" means to knowingly act in a
2 27 manner likely to be injurious to the physical or mental
2 28 welfare of a dependent adult.
2 29 (7) Willfully caused exploitation of a dependent adult.
2 30 "Exploitation" means the act or process of taking unfair
2 31 advantage of a dependent adult or the dependent adult's
2 32 physical or financial resources for one's own personal or
2 33 pecuniary profit, without the informed consent of the
2 34 dependent adult. "Exploitation" includes, but is not limited
2 35 to, theft, the use of undue influence, harassment,
3 1 intimidation, duress, deception, false representation, or
3 2 false pretenses.
3 3 (8) Committed any crime against a dependent adult or
3 4 engaged a dependent adult in any crime. "Crime" means and
3 5 includes any offense defined as a crime under Iowa law or the
3 6 law of another jurisdiction.
3 7 (9) Negligently, recklessly, or willfully committed or
3 8 caused the denial of critical care. "Denial of critical care"
3 9 means the commission of acts or omissions that result in the
3 10 deprivation of the minimum food, shelter, clothing,
3 11 supervision, physical or mental health care, or other care
3 12 necessary to maintain a dependent adult's life or health.
3 13 Sec. 3. Section 235B.2, subsection 5, Code 1999, is
3 14 amended by adding the following new paragraph after paragraph
3 15 a:
3 16 NEW PARAGRAPH. aa. "Dependent adult abuse" also means
3 17 self-neglect or the self-denial of critical care. "Self-
3 18 neglect or the self-denial of critical care" means that the
3 19 dependent adult has committed acts or omissions that have
3 20 created circumstances that are likely to be injurious to the
3 21 physical or mental welfare of the dependent adult. "Self-
3 22 neglect or the self-denial of critical care" includes acts or
3 23 omissions by the dependent adult that result in the
3 24 deprivation of the minimum food, shelter, clothing,
3 25 supervision, physical or mental health care, or other care
3 26 necessary to maintain the dependent adult's life or health.
3 27 Sec. 4. Section 235B.3, subsection 1, unnumbered paragraph
3 28 1, Code 1999, is amended to read as follows:
3 29 The department shall receive dependent adult abuse reports
3 30 and shall collect, maintain, and disseminate the reports by
3 31 establishing a central registry for dependent adult abuse
3 32 information. The department shall evaluate the reports
3 33 expeditiously. However, the department of inspections and
3 34 appeals is solely responsible for the evaluation and
3 35 disposition of dependent adult abuse cases within health care
4 1 facilities and hospitals and shall inform the department of
4 2 human services of such evaluations and dispositions.
4 3 Sec. 5. Section 235B.3, subsection 2, paragraph c, Code
4 4 1999, is amended to read as follows:
4 5 c. A social worker employed by a public or private person
4 6 including a public or private health care facility as defined
4 7 in section 135C.1 or a public or private hospital as defined
4 8 in section 135B.1.
4 9 Sec. 6. Section 235B.3, subsection 2, paragraph e,
4 10 subparagraph (1), Code 1999, is amended to read as follows:
4 11 (1) A member of the staff of a community mental health
4 12 center, a member of the staff of a hospital licensed pursuant
4 13 to chapter 135B, a member of the staff or employee of a public
4 14 or private health care facility as defined in section 135C.1.
4 15 Sec. 7. Section 235B.3, subsection 11, Code 1999, is
4 16 amended to read as follows:
4 17 11. The department of inspections and appeals shall adopt
4 18 rules which require licensed health care facilities and
4 19 hospitals licensed pursuant to chapter 135B to separate an
4 20 alleged dependent adult abuser from a victim following an
4 21 allegation of perpetration of abuse and prior to the
4 22 completion of an investigation of the allegation.
4 23 Sec. 8. Section 235B.5, subsection 5, Code 1999, is
4 24 amended to read as follows:
4 25 5. An oral report of suspected dependent adult abuse
4 26 initially made to the central registry regarding a health care
4 27 facility or hospital shall be transmitted by the department to
4 28 the department of inspections and appeals on the first working
4 29 day following the submitting of the report.
4 30 Sec. 9. Section 235B.6, subsection 2, paragraph e,
4 31 subparagraph (6), Code 1999, is amended to read as follows:
4 32 (6) A health care facility or hospital administrator or
4 33 the administrator's designee, following the appeals process,
4 34 for the purpose of hiring staff or continued employment of
4 35 staff.
5 1 Sec. 10. Section 235B.10, subsection 2, Code 1999, is
5 2 amended to read as follows:
5 3 2. A person may file with the department within six months
5 4 of the date of the notice of the results of an investigation,
5 5 a written statement to the effect that dependent adult abuse
5 6 information referring to the person is in whole or in part
5 7 erroneous, and may request a correction of that information or
5 8 of the findings of the investigation report. The department
5 9 shall provide the person with an opportunity for an
5 10 evidentiary hearing pursuant to chapter 17A to correct the
5 11 information or the findings, unless the department corrects
5 12 the information or findings as requested. The department
5 13 shall delay the expungement of information which is not
5 14 determined to be founded until the conclusion of a proceeding
5 15 to correct the information or findings. The department may
5 16 defer the hearing until the conclusion of a court case
5 17 relating to the information or findings. A final written
5 18 decision in a contested case of dependent adult abuse that
5 19 occurred in a health care facility licensed pursuant to
5 20 chapter 135C or a hospital licensed pursuant to chapter 135B
5 21 is a public record.
5 22 Sec. 11. Section 235B.10, Code 1999, is amended by adding
5 23 the following new subsection:
5 24 NEW SUBSECTION. 7. For the purposes of this section, if
5 25 the alleged or founded dependent adult abuse occurred in a
5 26 health care facility licensed pursuant to chapter 135C or a
5 27 hospital licensed pursuant to chapter 135B, "department" means
5 28 the department of inspections and appeals.
5 29 EXPLANATION
5 30 This bill makes various changes regarding dependent adult
5 31 abuse.
5 32 In order to prove certain categories of abuse, a specific
5 33 element of intent must be proven. The bill clarifies the
5 34 element of intent (willful, reckless, or negligent) required
5 35 to be proven for each category of abuse.
6 1 Current law does not define "unreasonable confinement" and
6 2 "unreasonable punishment". The bill adds the category of
6 3 misuse of physical interventions as more specific caretaker
6 4 behaviors which constitute dependent adult abuse.
6 5 The bill adds wanton neglect as a category of dependent
6 6 adult abuse since it is a category of abuse already prosecuted
6 7 criminally.
6 8 The bill adds any crime against a dependent adult as a
6 9 category of abuse.
6 10 The bill includes licensed hospitals among the facilities
6 11 in which the department of inspections and appeals is
6 12 authorized to conduct dependent adult abuse investigations.
6 13 Under current law, hospitals are exempt from dependent adult
6 14 abuse investigations. The bill clarifies that the department
6 15 of inspections and appeals is solely responsible for the
6 16 evaluation and disposition of dependent adult abuse cases
6 17 within health care facilities, including licensed hospitals.
6 18 The bill also establishes that the department of inspections
6 19 and appeals, rather than the department of human services, is
6 20 the department responsible for the examination, requests for
6 21 correction or expungement, and appeals of dependent adult
6 22 abuse cases within health care facilities.
6 23 The bill provides that fact findings and conclusions of law
6 24 for administrative hearings from contested cases involving
6 25 dependent adult abuse in health care facilities are public
6 26 records.
6 27 LSB 1296YC 78
6 28 pf/gg/8.2
Text: HSB00219 Text: HSB00221 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
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