Text: HSB00621 Text: HSB00623 Text: HSB00600 - HSB00699 Text: HSB 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 need not 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, mental, or 2 20 emotional 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, mental, or emotional welfare of the 3 15 dependent adult. "Self-neglect or self-denial of critical 3 16 care" includes acts or omissions by the dependent adult that 3 17 result in the deprivation of the minimum food, shelter, 3 18 clothing, supervision, physical or mental health care, or 3 19 other care necessary to maintain the dependent adult's life or 3 20 health. 3 21 Sec. 3. Section 726.7, subsection 1, Code 1999, is amended 3 22 to read as follows: 3 23 1. A person commits wanton neglect of a resident of a 3 24 health care facility when the person knowingly acts in a 3 25 manner likely to be injurious to the physical,ormental, or 3 26 emotional welfare of a resident of a health care facility as 3 27 defined in section 135C.1. 3 28 EXPLANATION 3 29 This bill relates to the regulatory powers of the 3 30 department of inspections and appeals relating to dependent 3 31 adult abuse and the definition of "dependent adult abuse". 3 32 The amendment to Code section 235B.2 rewrites the 3 33 definition of "dependent adult abuse" to provide an element of 3 34 intent in some instances, whether it be willful, reckless, or 3 35 negligent, associated with the specific category of abuse. 4 1 The Code section also adds and defines the act of "misuse of 4 2 physical interventions" in the area of unreasonable 4 3 confinement and unreasonable punishment. The bill adds as a 4 4 type of dependent adult abuse "wanton neglect" which is 4 5 currently established as a crime under Code chapter 726. The 4 6 bill later makes a conforming change to Code section 726.7, so 4 7 that "wanton neglect" of a dependent adult is defined 4 8 consistently throughout the Code. The commission of any crime 4 9 against a dependent adult and engaging a dependent adult in 4 10 any crime are also added under the definition of "dependent 4 11 adult abuse". 4 12 LSB 5756DP 78 4 13 pf/cls/14
Text: HSB00621 Text: HSB00623 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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