Text: HSB00623 Text: HSB00625 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 135B.33A CHILD OR DEPENDENT 1 2 ADULT ABUSE INFORMATION AND CRIMINAL RECORDS – EVALUATIONS. 1 3 1. Beginning July 1, 2000, prior to employment of a person 1 4 in a hospital, the hospital shall request that the department 1 5 of public safety perform criminal and dependent adult abuse 1 6 record checks of the person in this state. In addition, the 1 7 hospital may request that the department of human services 1 8 perform a child abuse record check in this state. Beginning 1 9 July 1, 2000, a hospital shall inform all persons prior to 1 10 employment regarding the performance of the record checks and 1 11 shall obtain, from the persons, a signed acknowledgment of the 1 12 receipt of the information. Additionally, a hospital shall 1 13 include the following inquiry in an application for 1 14 employment: "Do you have a record of founded child or 1 15 dependent adult abuse or have you ever been convicted of a 1 16 crime, in this state or any other state?" If the person has 1 17 been convicted of a crime under a law of any state or has a 1 18 record of founded child or dependent adult abuse, the 1 19 department of human services shall perform an evaluation to 1 20 determine whether the crime or founded child or dependent 1 21 adult abuse warrants prohibition of employment in the 1 22 hospital. The evaluation shall be performed in accordance 1 23 with procedures adopted for this purpose by the department of 1 24 human services. A department of public safety criminal and 1 25 dependent abuse record check remains valid unless a person's 1 26 employment history has been interrupted. If a person owns or 1 27 operates more than one hospital, and an employee of one of 1 28 such hospitals is transferred to another such hospital without 1 29 a lapse in employment, the hospital is not required to request 1 30 additional criminal and dependent adult abuse record checks of 1 31 that employee. 1 32 2. If the department of public safety determines that a 1 33 person has committed a crime or has a record of founded 1 34 dependent adult abuse and is to be employed in a hospital 1 35 licensed under this chapter, the department of public safety 2 1 shall notify the licensee that an evaluation will be conducted 2 2 by the department of human services to determine whether 2 3 prohibition of the person's employment is warranted. If a 2 4 department of human services child abuse record check 2 5 determines the person has a record of founded child abuse, the 2 6 department of human services shall inform the licensee that an 2 7 evaluation will be conducted to determine whether prohibition 2 8 of the person's employment is warranted. 2 9 3. In an evaluation, the department of human services 2 10 shall consider the nature and seriousness of the crime or 2 11 founded child or dependent adult abuse in relation to the 2 12 position sought or held, the time elapsed since the commission 2 13 of the crime or founded child or dependent adult abuse, the 2 14 circumstances under which the crime or founded child or 2 15 dependent adult abuse was committed, the degree of 2 16 rehabilitation, the likelihood that the person will commit the 2 17 crime or founded child or dependent adult abuse again, and the 2 18 number of crimes or founded child or dependent adult abuses 2 19 committed by the person involved. The department of human 2 20 services has final authority in determining whether 2 21 prohibition of the person's employment is warranted. 2 22 4. If the department of human services determines that the 2 23 person has committed a crime or has a record of founded child 2 24 or dependent adult abuse which warrants prohibition of 2 25 employment, the person shall not be employed in a hospital 2 26 licensed under this chapter. 2 27 Sec. 2. Section 135C.33, subsection 1, Code Supplement 2 28 1999, is amended to read as follows: 2 29 1. Beginning July 1, 1997, prior to employment of a person 2 30 in a facility, the facility shall request that the department 2 31 of public safety perform criminal and dependent adult abuse 2 32 record checks of the person in this state. In addition, the 2 33 facility may request that the department of human services 2 34 perform a child abuse record check in this state. Beginning 2 35 July 1, 1997, a facility shall inform all persons prior to 3 1 employment regarding the performance of therecordsrecord 3 2 checks and shall obtain, from the persons, a signed 3 3 acknowledgment of the receipt of the information. 3 4 Additionally, a facility shall include the following inquiry 3 5 in an application for employment: "Do you have a record of 3 6 founded child or dependent adult abuse or have you ever been 3 7 convicted of a crime, in this state or any other state?" If 3 8 the person has been convicted of a crime under a law of any 3 9 state or has a record of founded child or dependent adult 3 10 abuse, the department of human services shall perform an 3 11 evaluation to determine whether the crime or founded child or 3 12 dependent adult abuse warrants prohibition of employment in 3 13 the facility. The evaluation shall be performed in accordance 3 14 with procedures adopted for this purpose by the department of 3 15 human services. A department of public safety criminal and 3 16 dependent abuse record check remains valid unless a person's 3 17 employment history has been interrupted. If a person owns or 3 18 operates more than one facility, and an employee of one of 3 19 such facilities is transferred to another such facility 3 20 without a lapse in employment, the facility is not required to 3 21 request additional criminal and dependent adult abuse record 3 22 checks of that employee. 3 23 Sec. 3. Section 135C.33, subsection 6, Code Supplement 3 24 1999, is amended to read as follows: 3 25 6. The department of inspections and appeals, in 3 26 conjunction with other departments and agencies of state 3 27 government involved with criminal history and abuse registry 3 28 information, shall establish a single contact repository for 3 29 facilities, hospitals, and other providers to have electronic 3 30 access to data to perform background checks for purposes of 3 31 employment, as required of the facilities, hospitals, and 3 32 other providers under this section and section 135B.33A. 3 33 Sec. 4. Section 135C.36, subsection 2, Code 1999, is 3 34 amended to read as follows: 3 35 2. A Class II violation is one which has a direct or 4 1 immediate relationship to the health, safety or security of 4 2 residents of a health care facility, but which presents no 4 3 imminent danger nor substantial probability of death or 4 4 physical harm to them. A physical condition or one or more 4 5 practices within a facility, including either physical abuse 4 6 of any resident or failure to treat any resident with 4 7 consideration, respect and full recognition of the resident's 4 8 dignity and individuality, in violation of a specific rule 4 9 adopted by the department, may constitute a Class II 4 10 violation. A violation of section 135C.14, subsection 8, or 4 11 section 135C.31 and rules adopted under those sections shall 4 12 be at least a Class II violation and may be a Class I 4 13 violation. A Class II violation shall be corrected within a 4 14 stated period of time determined by the department and 4 15 specified in the citation issued under section 135C.40. The 4 16 stated period of time specified in the citation may 4 17 subsequently be modified by the department for good cause 4 18 shown. A licensee is subject to a penalty of not less than 4 19 one hundred nor more thanfive hundredtwo thousand dollars 4 20 for each Class II violation for which the licensee's facility 4 21 is cited, however the director may waive the penalty if the 4 22 violation is corrected within the time specified in the 4 23 citation. 4 24 Sec. 5. Section 235B.3, subsection 1, unnumbered paragraph 4 25 1, Code Supplement 1999, is amended to read as follows: 4 26 The department shall receive dependent adult abuse reports 4 27 and shall collect, maintain, and disseminate the reports by 4 28 establishing a central registry for dependent adult abuse 4 29 information. The department shall evaluate the reports 4 30 expeditiously. However, the department of inspections and 4 31 appeals is solely responsible for the evaluation and 4 32 disposition of dependent adult abuse cases within health care 4 33 facilities and hospitals and shall inform the department of 4 34 human services of such evaluations and dispositions. 4 35 Sec. 6. Section 235B.3, subsection 2, paragraph e, 5 1 subparagraph (1), Code Supplement 1999, is amended to read as 5 2 follows: 5 3 (1) A member of the staff of a community mental health 5 4 center, a member of the staff of a hospital licensed under 5 5 chapter 135B, a member of the staff or employee of a public or 5 6 private health care facility as defined in section 135C.1. 5 7 Sec. 7. Section 235B.3, subsection 11, Code Supplement 5 8 1999, is amended to read as follows: 5 9 11. The department of inspections and appeals shall adopt 5 10 rules which requirelicensedhealth care facilities licensed 5 11 under chapter 135C and hospitals licensed under chapter 135B 5 12 to separate an alleged dependent adult abuser from a victim 5 13 following an allegation of perpetration of abuse and prior to 5 14 the completion of an investigation of the allegation. 5 15 Sec. 8. Section 235B.10, subsection 2, Code 1999, is 5 16 amended to read as follows: 5 17 2. A person may file with the department within six months 5 18 of the date of the notice of the results of an investigation, 5 19 a written statement to the effect that dependent adult abuse 5 20 information referring to the person is in whole or in part 5 21 erroneous, and may request a correction of that information or 5 22 of the findings of the investigation report. The department 5 23 shall provide the person with an opportunity for an 5 24 evidentiary hearing pursuant to chapter 17A to correct the 5 25 information or the findings, unless the department corrects 5 26 the information or findings as requested. The department 5 27 shall delay the expungement of information which is not 5 28 determined to be founded until the conclusion of a proceeding 5 29 to correct the information or findings. The department may 5 30 defer the hearing until the conclusion of a court case 5 31 relating to the information or findings. A final written 5 32 decision in a contested case of dependent adult abuse that 5 33 occurred within a health care facility licensed under chapter 5 34 135C or within a hospital licensed under chapter 135B is a 5 35 public record. 6 1 Sec. 9. Section 235B.10, Code 1999, is amended by adding 6 2 the following new subsection: 6 3 NEW SUBSECTION. 7. For the purposes of this section, if 6 4 the dependent adult abuse referred to in this section occurred 6 5 in a health care facility licensed under chapter 135C or a 6 6 hospital licensed under chapter 135B, "department" means the 6 7 department of inspections and appeals. 6 8 EXPLANATION 6 9 This bill relates to regulation of health care facilities 6 10 and hospitals under the purview of the department of 6 11 inspections and appeals, including the penalty for certain 6 12 violations and child or dependent adult abuse and criminal 6 13 record checks. 6 14 The amendment creating Code section 135B.33A extends the 6 15 requirement for child or dependent adult abuse information and 6 16 criminal record checks for potential employees to hospitals. 6 17 The amendment to Code section 135C.33 provides that child 6 18 or dependent adult abuse and criminal record checks remain 6 19 valid unless an interruption in an applicant's employment 6 20 record exists. 6 21 The amendment to Code section 135C.36 increases the maximum 6 22 penalty for a Class II violation from not more than $500 to 6 23 not more than $2,000 for each such violation. A Class II 6 24 violation is one which has a direct or immediate relationship 6 25 to the health, safety, or security of residents of a health 6 26 care facility, but which presents no imminent danger nor 6 27 substantial probability of death or physical harm to them. 6 28 The amendments to Code section 235B.3 include licensed 6 29 hospitals under the purview of departmental investigations of 6 30 dependent adult abuse. 6 31 The amendments to Code section 235B.10 provide that a 6 32 written final decision relating to a contested case of 6 33 dependent adult abuse in a health care facility or hospital 6 34 which is under the purview of the department is a public 6 35 record and that the department of inspections and appeals and 7 1 not the department of human services is responsible for the 7 2 examination, requests for correction or expungement, and 7 3 appeals of dependent adult abuse cases within state-licensed 7 4 health care facilities and hospitals. 7 5 LSB 5755DP 78 7 6 pf/cls/14
Text: HSB00623 Text: HSB00625 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Feb 4 03:35:35 CST 2000
URL: /DOCS/GA/78GA/Legislation/HSB/00600/HSB00624/000203.html
jhf