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PAG LIN 1 1 DIVISION I 1 2 ADMINISTRATION OF DEPARTMENT OF HUMAN SERVICES INSTITUTIONS 1 3 Section 1. Section 218.1, unnumbered paragraph 1, Code 1 4 1999, is amended to read as follows: 1 5 The directorof the state departmentof human services 1 6 shall have the general and full authority given under statute 1 7 to control, manage, direct, and operate the following 1 8 institutions under the director's jurisdiction, and may at the 1 9 director's discretionexecuteassign the powers and 1 10 authorities given the director by statute to any one of the 1 11 deputy directors, division administrators, orto any of the1 12 officers or employees of the divisions of the department of 1 13 human services: 1 14 Sec. 2. Section 218.2, unnumbered paragraph 2, Code 1999, 1 15 is amended to read as follows: 1 16 Thedivisionadministrator to whom primary responsibility 1 17 of a particular institution has been assigned shall makesuch1 18 reports to the director ofthe department ofhuman services as 1 19 are requested by the director and the director shall report, 1 20 in writing, to the governor any abuses found to exist in any 1 21 of thesaidinstitutions. 1 22 Sec. 3. Section 218.3, Code 1999, is amended by striking 1 23 the section and inserting in lieu thereof the following: 1 24 218.3 DEFINITIONS. 1 25 For the purposes of this chapter, unless the context 1 26 otherwise requires: 1 27 1. "Administrator" means the person to whom the director 1 28 of human services has assigned power and authority over an 1 29 institution in accordance with section 218.1. 1 30 2. "Institution" means an institution listed in section 1 31 218.1. 1 32 Sec. 4. Section 218.4, unnumbered paragraph 2, Code 1999, 1 33 is amended to read as follows: 1 34 Rules adopted by the council shall be uniform and shall 1 35 apply to all institutions under the particular administrator 2 1 and to all other institutions under the administrator's 2 2 jurisdiction and the primary rulesof the administrator of the2 3division of mental health and developmental disabilitiesfor 2 4 use in institutions where persons with mental illness are 2 5 served shall, unless otherwise indicated, uniformly apply to 2 6 county or private hospitals in which persons with mental 2 7 illness are served, but the rules shall not interfere with 2 8 proper medical treatment administered to patients by competent 2 9 physicians. Annually, signed copies of the rules shall be 2 10 sent to thechief executive officersuperintendent of each 2 11 institution or hospital under the control or supervision of a 2 12 particular administrator and copies shall also be sent to the 2 13 clerk of each district court, the chairperson of the board of 2 14 supervisors of each county and, as appropriate, to the officer 2 15 in charge of institutions or hospitals caring for persons with 2 16 mental illness in each county who shall be responsible for 2 17 seeing that the rules are posted in each institution or 2 18 hospital in a prominent place. The rules shall be kept 2 19 current to meet the public need and shall be revised and 2 20 published annually. 2 21 Sec. 5. Section 218.5, Code 1999, is amended to read as 2 22 follows: 2 23 218.5 FIRE PROTECTION CONTRACTS. 2 24 The administratorsof the divisions of the state department2 25of human servicesshall have power to enter into contracts 2 26 with the governing body of any city or other municipal 2 27 corporation for the protection from fire of any property under 2 28suchthe administrators' primary control, located in anysuch2 29 municipal corporation or in territory contiguoustheretoto 2 30 the municipal corporation, uponsuchterms as may be agreed 2 31 upon. 2 32 Sec. 6. Section 218.9, unnumbered paragraph 1, Code 1999, 2 33 is amended to read as follows: 2 34 The administratorof the division of mental health and2 35developmental disabilities of the department of human services3 1 in charge of an institution, subject to the approval of the 3 2 director ofthe departmenthuman services, shall appoint the 3 3superintendents of the state hospital-schools and the state3 4mental health institutessuperintendent of the institution. 3 5 Sec. 7. Section 218.10, Code 1999, is amended to read as 3 6 follows: 3 7 218.10 SUBORDINATE OFFICERS AND EMPLOYEES. 3 8 Thedivisionadministrator in charge of a particular 3 9 institution, with the consent and approval of the directorof3 10the departmentof human services, shall determine the number 3 11 of subordinate officers and employees foreachthe 3 12 institution. Subject to this chapter, the officers and 3 13 employees shall be appointed and discharged by thechief3 14executive officersuperintendent or business manager pursuant 3 15 to chapter 19A. Theofficersuperintendent shall keep, in the 3 16 record of each subordinate officer and employee, the date of 3 17 employment, the compensation, and the date of each discharge, 3 18 and the reasons for discharge. 3 19 Sec. 8. Section 218.14, Code 1999, is amended to read as 3 20 follows: 3 21 218.14 DWELLINGHOUSEOF SUPERINTENDENT OR OTHER EMPLOYEE. 3 22 1. Thedivisionadministrator having control overany3 23statean institution may, with consent of the director of 3 24 human services, furnish theexecutive headsuperintendent of 3 25each oftheinstitutionsinstitution, in addition to salary, 3 26 with a dwellinghouseor with appropriate quarters in lieu 3 27thereofof the dwelling, or thedivisionadministrator may 3 28 compensate theexecutive headsuperintendent ofeach ofthe 3 29institutionsinstitution in lieu of furnishing ahouse3 30 dwelling or quarters. Ifan executive headthe superintendent 3 31 of the institution is furnished with a dwellinghouseor 3 32 quarters, either of which is owned by the state, theexecutive3 33headsuperintendent may also be furnished with water, heat, 3 34 and electricity. 3 35 2. Thedivisionadministrator having control overany4 1statean institution may furnish assistantexecutive heads4 2 superintendents or other employees, or both, with a dwelling 4 3housesor with appropriate quarters, owned by the state. The 4 4 assistantexecutive headsuperintendent or employee, who is so 4 5 furnished, shall pay rent for the dwellinghouseor quarters 4 6 in an amount to be determined by theexecutive head4 7 superintendent of the institution, which shall be the fair 4 8 market rental value of thehousedwelling or quarters. If an 4 9 assistantexecutive headsuperintendent or employee is 4 10 furnished with a dwellinghouseor quarters, either of which 4 11 is owned by the state, the assistantexecutive head4 12 superintendent or employee may also be furnished with water, 4 13 heat, and electricity. However, the furnishing of these 4 14 utilities shall be considered in determining the fair market 4 15 rental value of thehousedwelling or quarters. 4 16 Sec. 9. Section 218.17, Code 1999, is amended to read as 4 17 follows: 4 18 218.17 AUTHORITY FOR VACATION. 4 19 Vacations and sick leave with pay as authorized in section 4 20 70A.1 shall only be taken at such times as theexecutive4 21officersuperintendent or the business manager in charge of 4 22saidan officer or employee, as the case may be, may direct, 4 23 and only after written authorization by theexecutive officer4 24 superintendent or business manager, and for the number of days 4 25 specifiedthereinin the authorization. A copy ofsuch permit4 26 the authorization shall be attached to the institution's copy 4 27 of the payroll of the institution, for audit purposes, for the 4 28 period during which the vacation was taken, and the 4 29 semimonthly payroll shall show the number of days the person 4 30 was absent under thepermitauthorization. 4 31 Sec. 10. Section 218.19, Code 1999, is amended to read as 4 32 follows: 4 33 218.19 DISTRICTS. 4 34 The administrator having control overany statea type of 4 35 institution shall, from time to time, divide the state into 5 1 districts from which theseveral institutionstype of 5 2 institution may receive residents. The particulardivision5 3administratorsadministrator shall promptly notify the proper 5 4 county or judicial officers of all changes insuchthe 5 5 districts. 5 6 Sec. 11. Section 218.20, Code 1999, is amended to read as 5 7 follows: 5 8 218.20 PLACE OF COMMITMENTS TRANSFERS. 5 9 Commitments, unless otherwise permitted by thedivision5 10 administrator having control overany statean institution, 5 11 shall be to the institution located in the district embracing 5 12 the county from which the commitment is issued.The5 13particular division administratorsAn administrator may, at 5 14 the expense of the state, transfer a resident of one 5 15 institution to another like institution. 5 16 Sec. 12. Section 218.23, Code 1999, is amended to read as 5 17 follows: 5 18 218.23 REPORTS TO ADMINISTRATOR. 5 19 Themanaging officersuperintendent ofeachan institution 5 20 shall, within ten days after the commitment or entrance of a 5 21 person to the institution, cause a true copy of the person's 5 22 entrance record to be made and forwarded to the administrator 5 23 in control ofsuchthe institution. When a patient or 5 24 resident leaves, or is discharged, or transferred, or dies in 5 25anyan institution, the superintendent or person in charge 5 26 shall within ten daysthereafterafter that date sendsuchthe 5 27 information to the office ofsuchthe institution's 5 28 administrator on forms which the administrator prescribes. 5 29 Sec. 13. Section 218.25, Code 1999, is amended to read as 5 30 follows: 5 31 218.25 RELIGIOUS BELIEFS. 5 32 Thechief executive officersuperintendent of an 5 33 institution, receiving a person committed toany of said5 34institutionsthe institution, shall inquire ofsuchthe person 5 35 as to the person's religious preference and enter thesame6 1 preference in the book kept for the purpose, and causesaid6 2 the person to sign thesamebook. 6 3 Sec. 14. Section 218.30, Code 1999, is amended to read as 6 4 follows: 6 5 218.30 INVESTIGATION OF OTHER INSTITUTIONS. 6 6 The administratorsof the department of human servicesto 6 7 whom control ofstateinstitutions has beendelegated6 8 assigned, or their authorized officers or employees, may 6 9 investigate charges of abuse, neglect, or mismanagement on the 6 10 part ofanyan officer or employee ofanya private 6 11 institution which is subject to the administrator's particular 6 12 supervision or control. The administratorof the division of6 13mental health and developmental disabilitieswho has been 6 14 assigned to have authority over the state mental health 6 15 institutes, or the administrator's authorized officer or 6 16 employee, shall also investigate charges concerning county 6 17 care facilities in which persons with mental illness are 6 18 served. 6 19 Sec. 15. Section 218.45, Code 1999, is amended to read as 6 20 follows: 6 21 218.45 CONFERENCES. 6 22 Quarterly conferences of thechief executive officers6 23 superintendents ofsaidthe institutions shall be held with 6 24 the administrator in control ofsuch institutionthe 6 25 institutions at Des Moines or at institutions under the 6 26 administrator's jurisdiction, for the consideration of all 6 27 matters relative to the management ofsaidthe institutions. 6 28 Full minutes ofsuch meetingsthe conferences shall be 6 29 preserved in the records of the administrator. The 6 30 administrator in control may cause papers on appropriate 6 31 subjects to be prepared and read,atsuchthe conferences, on6 32appropriate subjects. 6 33 Sec. 16. Section 218.46, subsection 1, Code 1999, is 6 34 amended to read as follows: 6 35 1. Theadministrators of divisions of the department of7 1human services who areadministrator who is in charge of 7 2institutionsan institution shall encourage the scientific 7 3 investigation, on the part of theexecutive heads7 4 superintendent and medicalstaffsstaff of thevarious7 5institutionsinstitution, as to the most successful methods of 7 6managing such institutionsinstitutional management and 7 7 treating the persons committedthereto,to the institution. 7 8 In addition, the administrator shall procure and furnish to 7 9such heads and staffsthe superintendent and medical staff 7 10 information relative to such management and treatment, and, 7 11 from time to time, publish bulletins and reports of scientific 7 12 and clinical work done insaid institutionsthat type of 7 13 institution. 7 14 Sec. 17. Section 218.47, Code 1999, is amended to read as 7 15 follows: 7 16 218.47 MONTHLY REPORT. 7 17 Thechief executive officersuperintendent or business 7 18 manager of each institution, or business manager of7 19institutions having the same,shall, on the first day of each 7 20 month, account to the administrator in control of the 7 21 particular institution for all state funds received during the 7 22 preceding month, and,atsaidthe same time, remit thesame7 23 accounting to the treasurer of state. 7 24 Sec. 18. Section 218.48, Code 1999, is amended to read as 7 25 follows: 7 26 218.48 ANNUAL REPORTS. 7 27 Theexecutive headsuperintendent or business manager of 7 28 each institution shall make an annual report to the 7 29 administrator in control of the particular institution and 7 30embrace therein a minuteinclude in the report a detailed and 7 31 accurate inventory of the stock and supplies on hand, andthe7 32 their amount and valuethereof, under the followingheads7 33 headings:Livestocklivestock, farm produce on hand, 7 34 vehicles, agricultural implements, machinery, mechanical 7 35 fixtures, real estate, furniture, and bedding in residents' 8 1 department, state property in superintendent's department, 8 2 clothing, dry goods, provisions and groceries, drugs and 8 3 medicine, fuel, library, and all other state property under 8 4 appropriateheadsheadings to be determined by the particular 8 5 administrator involved. 8 6 Sec. 19. Section 218.49, Code 1999, is amended to read as 8 7 follows: 8 8 218.49 CONTINGENT FUND. 8 9 The administrator in control ofa statean institution may 8 10 permit theexecutive head, which shall includesuperintendent 8 11 or the business manageras provided in this chapter,of each 8 12 institution to retain a stated amount of fundsinunder the 8 13executive head'ssuperintendent's or business manager's 8 14possessionsupervision as a contingent fund for the payment of 8 15 freight, postage, commodities purchased on authority of the 8 16 particularadministratorsuperintendent or business manager 8 17 involved on a cash basis, salaries, and bills granting 8 18 discount for cash. 8 19 Sec. 20. Section 218.55, Code 1999, is amended to read as 8 20 follows: 8 21 218.55 PURCHASE FROM AN INSTITUTION. 8 22TheAn administratorof a division of the department of8 23human servicesmay purchase supplies of any institution under 8 24 the administrator's control, for use in any othersuch8 25 institution under the administrator's control, and reasonable 8 26 paymentthereforfor the supplies shall be made as in the case 8 27 of other purchases. 8 28 Sec. 21. Section 218.57, Code 1999, is amended to read as 8 29 follows: 8 30 218.57 COMBINING APPROPRIATIONS. 8 31 The director of revenue and financeis authorized tomay 8 32 combine the balances carried in all specific appropriations 8 33 into a special account for each institution under the control 8 34 of a particular administratorof a division of the department8 35of human services, except that the support fund for each 9 1 institution shall be carried as a separate account. 9 2 Sec. 22. Section 218.65, Code 1999, is amended to read as 9 3 follows: 9 4 218.65 PROPERTY OF DECEASED RESIDENT. 9 5 Thechief executive officersuperintendent or business 9 6 manager of each institution shall, upon the death of any 9 7 resident or patient, immediately take possession of all 9 8 property of the deceased left atsaidthe institution, and 9 9 deliver thesameproperty to the duly appointed and qualified 9 10 representative of the deceased. 9 11 Sec. 23. Section 218.67, Code 1999, is amended to read as 9 12 follows: 9 13 218.67WHEN NO ADMINISTRATION GRANTEDESTATE ADMINISTRATOR 9 14 NOT IDENTIFIED. 9 15 Ifadministration be not grantedan estate administrator is 9 16 not identified within one year from the death of a decedent in 9 17 an institution, andnoa surviving spouse or heir is not 9 18 known,said executive officerthe superintendent of the 9 19 institution may convert allsaidthe decedent's property into 9 20moneycash and in so doing theexecutive officer9 21 superintendent shall have the powers possessed by a general 9 22 administrator of an estate. 9 23 Sec. 24. Section 218.69, Code 1999, is amended to read as 9 24 follows: 9 25 218.69 PERMANENT RECORD. 9 26 A complete permanent record of the moneyso sent9 27 transmitted to the treasurer of state under section 218.68, 9 28 showing by whom and with whom it was left, its amount, the 9 29 date of the death of the owner, the owner's reputed place of 9 30 residence before the owner became a resident of the 9 31 institution, the date on which it wassenttransmitted to the 9 32 state treasurer and any other facts which may tend to identify 9 33 the intestate and explain the case, shall be kept by thechief9 34executive officersuperintendent of the institution or 9 35 business manager, as the case may be, and a transcriptthereof10 1 of the record shall be sent to, and kept by, the treasurer of 10 2 state. 10 3 Sec. 25. Section 218.72, Code 1999, is amended to read as 10 4 follows: 10 5 218.72 TEMPORARY QUARTERS IN EMERGENCY. 10 6 In case the buildings at any institution under the 10 7managementcontrol of an administratorof the division of the10 8department of human servicesare destroyed or rendered unfit 10 9 for habitation by reason of fire, storms, or other like 10 10 causes, to such an extent that the residents cannot bethere10 11confinedhoused and cared for,saidthe administrator shall 10 12 make temporary provision for theconfinementhousing and care 10 13 of the residents at some other place in the state. Like 10 14 provision may be made in case any pestilence breaks out among 10 15 the residents. The reasonable cost of the change, including 10 16 transfer of residents, shall be paid from any money in the 10 17 state treasury not otherwise appropriated. 10 18 Sec. 26. Section 218.83, Code 1999, is amended to read as 10 19 follows: 10 20 218.83CO-OPERATIONADMINISTRATIVE IMPROVEMENT. 10 21 The director ofthe department ofhuman services and the 10 22 administratorsof the divisions therein are directed to co-10 23operateassigned to have authority over the institutions shall 10 24 cooperate with any department or agency of the state 10 25 government in any manner, including the exchange of employees, 10 26 calculated to improve administration of the affairs of the 10 27 institutionsunder the control of the department of human10 28services. 10 29 Sec. 27. Section 218.85, Code 1999, is amended to read as 10 30 follows: 10 31 218.85 UNIFORM SYSTEM OF ACCOUNTS. 10 32 The director ofthe department ofhuman services through 10 33 the administratorsof the divisionsin control ofstatethe 10 34 institutions shall install in allsuch statethe institutions 10 35under the director's control and supervisionthe most modern, 11 1 complete, and uniform system of accounts, records, and reports 11 2 possible, which. The system shall be prescribed by the 11 3 director of revenue and finance as authorized in section 11 4 421.31, subsection 10, and, among other matters, shall clearly 11 5 show the detailed facts relative to the handling and uses of 11 6 all purchases. 11 7 Sec. 28. Section 218.88, Code 1999, is amended to read as 11 8 follows: 11 9 218.88 INSTITUTIONAL PAYROLLS. 11 10 At the close of each pay period, thechief executive11 11officer of each institutionsuperintendent or business manager 11 12 of each institutionhaving the same,shall prepare and forward 11 13 to the director ofthe department ofhuman services a 11 14 semimonthly payroll which shall show the name of each officer 11 15 and employee, the semimonthly pay, time paid for, the amount 11 16 of pay, and any deductions.In no event shall aA substitute 11 17 shall not be permitted to receive compensation in the name of 11 18 the employee for whom the substitute is acting. 11 19 Sec. 29. Section 218.92, Code 1999, is amended to read as 11 20 follows: 11 21 218.92DANGEROUS MENTALLY DISTURBEDPATIENTS WITH 11 22 DANGEROUS MENTAL DISTURBANCES. 11 23 When a patient in a state hospital-school for persons with 11 24 mental retardation, a state mental health institute, oran11 25 another institution under the administration of the 11 26administrator of the division of mental health and11 27developmental disabilities of thedepartment of human 11 28 services, has become so mentally disturbed as to constitute a 11 29 danger to self, to other patientsinor staff of the 11 30 institution, or to the public, and the institution cannot 11 31 provide adequate security, the administrator in charge of the 11 32 institution, with the consent of the director of the Iowa 11 33 department of corrections, may order the patient to be 11 34 transferred to the Iowa medical and classification center, if 11 35 theexecutive headsuperintendent of the institution from 12 1 which the patient is to be transferred, with the support of a 12 2 majority of the medical staff, recommends the transfer in the 12 3 interest of the patient, other patients, or the public. If 12 4 the patient transferred was hospitalized pursuant to sections 12 5 229.6 to 229.15, the transfer shall be promptly reported to 12 6 the courtwhich hospitalizedthat ordered the hospitalization 12 7 of the patient, as required by section 229.15, subsection 4. 12 8 The Iowa medical and classification center has the same 12 9 rights, duties, and responsibilities with respect to the 12 10 patient as the institution from which the patient was 12 11 transferred had while the patient was hospitalizedtherein 12 12 the institution. The cost of the transfer shall be paid from 12 13 the funds of the institution from which the transfer is made. 12 14 Sec. 30. Section 218.93, Code 1999, is amended to read as 12 15 follows: 12 16 218.93 CONSULTANTS FOR DIRECTOR OR ADMINISTRATORS. 12 17 The director ofthe department ofhuman services or the 12 18 administratorsof divisionsin control ofstatethe 12 19 institutions are authorized to secure the services of 12 20 consultants to furnish advice on administrative, professional, 12 21 or technical problems to the director orsuchthe 12 22 administrators, their employees, or employees of institutions 12 23 under their jurisdiction or to provide in-service training and 12 24 instruction forsuchthe employees. The director and 12 25 administrators are authorized to pay the consultants at a rate 12 26 to be determined by them from fundsappropriated tounder 12 27 theirdivisioncontrol ortofrom anyinstitution12 28 institutional funding under their jurisdiction assuchthe 12 29 director or administrator may determine. 12 30 Sec. 31. Section 218.98, Code 1999, is amended to read as 12 31 follows: 12 32 218.98 CANTEEN MAINTAINED. 12 33 The administratorsof divisions in the department of human12 34servicesin control ofstatethe institutions may maintain a 12 35 canteen at any institution under their jurisdiction and 13 1 control for the sale to personsconfined thereinresiding in 13 2 the institution of toilet articles, candy, tobacco products, 13 3 notions, and other sundries, and may provide the necessary 13 4 facilities, equipment, personnel, and merchandisethereforfor 13 5 such sale.SuchThe administrators shall specify what 13 6 commodities will be soldthereinin the canteen. The 13 7 department may establish and maintain a permanent operating 13 8 fund for each canteen. The fund shall consist of the receipts 13 9 from the sale of commodities at the canteen. 13 10 Sec. 32. Section 218.99, Code 1999, is amended to read as 13 11 follows: 13 12 218.99 COUNTIES TO BE NOTIFIED OF PATIENTS' PERSONAL 13 13 ACCOUNTS. 13 14 The administratorof a division of the department of human13 15servicesin control of a state institution shall direct the 13 16 business manager of each institution under the administrator's 13 17 jurisdiction which is mentioned in section 331.424, subsection 13 18 1, paragraphs "a" and "b", and for which services are paid 13 19 under section 331.424A, to quarterly inform the county of 13 20 legal settlement's entity designated to perform the county's 13 21 single entry point process of any patient or resident who has 13 22 an amount in excess of two hundred dollars on account in the 13 23 patients' personal deposit fund and the amount on deposit. 13 24 The administrators shall direct the business manager to 13 25 further notify the entity designated to perform the county's 13 26 single entry point process at least fifteen days before the 13 27 release of funds in excess of two hundred dollars or upon the 13 28 death of the patient or resident. If the patient or resident 13 29 has no county of legal settlement, notice shall be made to the 13 30 director of human services and the administratorof the13 31division of the departmentin control of the institution 13 32 involved. 13 33 Sec. 33. Section 225C.4, subsection 1, paragraph h, and 13 34 subsection 2, paragraph b, Code Supplement 1999, are amended 13 35 by striking the paragraphs. 14 1 Sec. 34. Section 225C.13, Code 1999, is amended to read as 14 2 follows: 14 3 225C.13 AUTHORITYOF ADMINISTRATORTO ESTABLISH AND LEASE 14 4 FACILITIES. 14 5 1. The administrator assigned, in accordance with section 14 6 218.1, to control the state mental health institutes and the 14 7 state resource centers may enter into agreements under which a 14 8 facility or portion of a facility administered by the 14 9 administrator is leased to a department or division of state 14 10 government, a county or group of counties, or a private 14 11 nonprofit corporation organized under chapter 504A. A lease 14 12 executed under this section shall require that the lessee use 14 13 the leased premises to deliver either disability services or 14 14 other services normally delivered by the lessee. 14 15 2. The administrator of the division of mental health and 14 16 developmental disabilities may work with the appropriate 14 17 administrator of the department's institutions to establish 14 18 mental health and mental retardation services for all 14 19 institutions under the control of the director of human 14 20 services and to establish an autism unit, following mutual 14 21 planning and consultation with the medical director of the 14 22 state psychiatric hospital, at an institution or a facility 14 23 administered by the department to provide psychiatric and 14 24 related services and other specific programs to meet the needs 14 25 of autistic persons, and to furnish appropriate diagnostic 14 26 evaluation services. 14 27 Sec. 35. Section 226.47, Code 1999, is amended to read as 14 28 follows: 14 29 226.47 ADMINISTRATOR DEFINED. 14 30 For the purpose of this chapter, "administrator" means the 14 31administrator of the division of mental health and14 32developmental disabilities of the department of human services14 33 person assigned, in accordance with section 218.1, to control 14 34 the state mental health institutes. 14 35 Sec. 36. Section 227.19, Code 1999, is amended to read as 15 1 follows: 15 2 227.19 ADMINISTRATOR DEFINED. 15 3 For the purpose of this chapter, "administrator" or 15 4 "administrator of the division" means theadministrator of the15 5division of mental health and developmental disabilities of15 6the department of human servicesperson assigned, in 15 7 accordance with section 218.1, to control the state mental 15 8 health institutes or that person's designee. 15 9 Sec. 37. Section 229.1, subsection 1, Code 1999, is 15 10 amended to read as follows: 15 11 1. "Administrator" means the administrator ofthat15 12division ofthe department of human serviceshaving15 13jurisdiction ofassigned, in accordance with section 218.1, to 15 14 control the state mental health institutes, or that 15 15 administrator's designee. 15 16 Sec. 38. Section 229.15, subsection 3, Code 1999, is 15 17 amended to read as follows: 15 18 3. When a patient has been placed in a facility other than 15 19 a hospital pursuant to section 229.14, subsection 4, a report 15 20 on the patient's condition and prognosis shall be made to the 15 21 court whichsoplaced the patient, at least once every six 15 22 months, unless the court authorizes annual reports.A report15 23shall be submitted within fifteen days after the facility in15 24which the patient has been placed is evaluated as required by15 25 If an evaluation of the patient is performed pursuant to 15 26 section 227.2, subsection 4, a copy of the evaluation report 15 27 shall be submitted to the court within fifteen days of the 15 28 evaluation's completion. The court may in its discretion 15 29 waive the requirement of an additional report between the 15 30 annual evaluations. If the administratorof the division15 31 exercises the authority to remove residents from a county care 15 32 facility or other county or private institution under section 15 33 227.6, the administrator shall promptly notify each court 15 34 which placed in that facility any resident so removed. 15 35 Sec. 39. Section 229.41, Code 1999, is amended to read as 16 1 follows: 16 2 229.41 VOLUNTARY ADMISSION. 16 3 Persons making application pursuant to section 229.2 on 16 4 their own behalf or on behalf of another person who is under 16 5 eighteen years of age, if the person whose admission is sought 16 6 is received for observation and treatment onsuchthe 16 7 application, shall be required to pay the costs of 16 8 hospitalization at rates established by the administratorof16 9the division, which. The costs may be collected weekly in 16 10 advance and shall be payable at the business office of the 16 11 hospital.SuchThe collections shall be remitted to the 16 12 director of revenue and finance monthly to be credited to the 16 13 general fund of the state. 16 14 Sec. 40. Section 229.43, Code 1999, is amended to read as 16 15 follows: 16 16 229.43 NONRESIDENTS OR NO-SETTLEMENT PATIENTS. 16 17 The administratorof the division shall have the power to16 18 may place patients of mental health institutes who have no 16 19 county of legal settlement; who are nonresidents; or whose 16 20 legal settlement is unknown, on convalescent leave to a 16 21 private sponsor or inanya health care facility licensed 16 22 under chapter 135C, when in the opinion of the administrator 16 23saidthe placement is in the best interests of the patient and 16 24 the state of Iowa. If the patient was involuntarily 16 25 hospitalized, the district court whichhospitalizedordered 16 26 hospitalization of the patient must be informed when the 16 27 patient is placed on convalescent leave, as required by 16 28 section 229.15, subsection 4. 16 29 Sec. 41. Section 230.5, Code 1999, is amended to read as 16 30 follows: 16 31 230.5 NONRESIDENTS. 16 32 If such legal settlement is found by the court to be in 16 33 some foreign state or country, or unknown,itthe court shall 16 34 immediately notify the administratorof the divisionofsuch16 35 the finding and furnish the administrator with a copy of the 17 1 evidence taken on the question of legal settlement, and shall 17 2 in its order issued pursuant to section 229.13 direct that the 17 3 patient be hospitalized at the appropriate state hospital for 17 4 persons with mental illness. 17 5 Sec. 42. Section 230.31, Code 1999, is amended to read as 17 6 follows: 17 7 230.31 DEPARTERS FROM OTHER STATES. 17 8When anyIf a person with mental illness departs without 17 9 proper authority from an institution in another state and is 17 10 found in this state,anya peace officer inanythe county in 17 11 whichsuchthe patient is found may take and detain the 17 12 patient without order and shall reportsuchthe detention to 17 13 the administratorof the divisionwho shall provide for the 17 14 return ofsuchthe patient to the authorities of the state 17 15 where the unauthorized leave was made. Pending such return 17 16suchthe patient may be detained temporarily at one of the 17 17 institutions of this stategoverned byunder the control of 17 18 the administratorof the divisionor any other administrator 17 19 of thestatedepartment of human services. Expenses incurred 17 20 under this section shall be paid in the same manner as is 17 21 provided for transfers in section 230.8. 17 22 Sec. 43. Section 230.33, unnumbered paragraph 1, Code 17 23 1999, is amended to read as follows: 17 24 The administratorof the division is hereby authorized to17 25 may enter into agreements with other states, through their 17 26 duly constituted authorities, to effect the reciprocal return 17 27 of persons with mental illness and persons with mental 17 28 retardation to the contracting states, and to effect the 17 29 reciprocal supervision of persons on convalescent leave. 17 30 Sec. 44. Section 230.34, subsection 1, Code 1999, is 17 31 amended to read as follows: 17 32 1. As used in this chapter, "administrator" means the 17 33 administrator ofthe division of mental health and17 34developmental disabilities ofthe department of human services 17 35 assigned, in accordance with section 218.1, to control the 18 1 state mental health institutes, or that administrator's 18 2 designee. 18 3 DIVISION II 18 4 RESOURCE CENTERS 18 5 Sec. 45. Section 218.1, subsections 1 and 2, Code 1999, 18 6 are amended to read as follows: 18 7 1. Glenwood statehospital-schoolresource center. 18 8 2. Woodward statehospital-schoolresource center. 18 9 Sec. 46. Section 222.1, Code 1999, is amended to read as 18 10 follows: 18 11 222.1 PURPOSE OF STATESCHOOLSRESOURCE CENTERS. 18 12 1. The Glenwood statehospital-schoolresource center and 18 13 the Woodward statehospital-schoolresource center are 18 14 established and shall be maintained as the state's regional 18 15 resource centers for the purpose of providing treatment, 18 16 training, instruction, care, habilitation, and support of 18 17 persons with mental retardation or other disabilities in this 18 18 state, and providing facilities, services, and other support 18 19 to the communities located in the region being served by a 18 20 statehospital-schoolresource center. In addition, the state 18 21hospital-schoolsresource centers are encouraged to serve as a 18 22 training resource for community-based program staff, medical 18 23 students, and other participants in professional education 18 24 programs. Ahospital-schoolresource center may request the 18 25 approval of the council on human services to change the name 18 26 of theinstitutionresource center for use in communication 18 27 with the public, in signage, and in other forms of 18 28 communication. 18 29 2. A special mental retardation unit may be maintained at 18 30 one of the state mental health institutes for the purposes set 18 31 forth in sections 222.88 to 222.91. 18 32 Sec. 47. Section 222.2, subsection 1, Code 1999, is 18 33 amended to read as follows: 18 34 1. "Administrator" means theadministrator of the division18 35of mental health and developmental disabilities ofperson 19 1 assigned by thedepartmentdirector of human services, in 19 2 accordance with section 218.1, to control the state resource 19 3 centers. 19 4 Sec. 48. Section 222.2, subsection 3, Code 1999, is 19 5 amended by striking the subsection. 19 6 Sec. 49. Section 222.2, Code 1999, is amended by adding 19 7 the following new subsection: 19 8 NEW SUBSECTION. 6A. "State resource centers" or "resource 19 9 centers" means the Glenwood state resource center and the 19 10 Woodward state resource center. 19 11 Sec. 50. Section 222.2, subsection 7, Code 1999, is 19 12 amended to read as follows: 19 13 7. "Superintendents" means the superintendents of the 19 14 statehospital-schoolsresource centers. 19 15 Sec. 51. AMENDMENTS TO TERMS "HOSPITAL-SCHOOL" AND 19 16 "HOSPITAL-SCHOOLS" DIRECTIVE TO CODE EDITOR. 19 17 1. Sections 218.92, 222.5, 222.6, 222.7, 222.9, 222.12, 19 18 222.13, 222.15, 222.31, 222.36, 222.37, 222.38, 222.39, 19 19 222.41, 222.42, 222.43, 222.44, 222.45, 222.51, 222.59, 19 20 222.60, 222.61, 222.62, 222.65, 222.66, 222.67, 222.68, 19 21 222.69, 222.70, 222.72, 222.73, 222.77, 222.78, 222.83, 19 22 222.84, 222.85, 222.86, 222.87, 227.6, 249A.11, and 252.16, 19 23 Code 1999, are amended by striking from the sections the word 19 24 "hospital-school" and inserting in lieu thereof the words 19 25 "resource center". 19 26 2. Sections 23A.2, 222.13A, and 227.2, Code Supplement 19 27 1999, are amended by striking from the sections the word 19 28 "hospital-school" and inserting in lieu thereof the words 19 29 "resource center". 19 30 3. Sections 135B.9, 218.78, 222.3, 222.4, 222.6, 222.7, 19 31 222.8, 222.11, and 222.90, Code 1999, are amended by striking 19 32 from the sections the word "hospital-schools" and inserting in 19 33 lieu thereof the words "resource centers". 19 34 4. Sections 225C.4, 225C.6, 227.2, and 331.440A, Code 19 35 Supplement 1999, are amended by striking from the sections the 20 1 word "hospital-schools" and inserting in lieu thereof the 20 2 words "resource centers". 20 3 5. The Code editor shall substitute the words "resource 20 4 center" for the word "hospital-school" anywhere in the Code of 20 5 Iowa or in any enactment to be codified if there appears to be 20 6 no doubt as to the intent to refer to the Glenwood resource 20 7 center or Woodward resource center under the authority of the 20 8 department of human services. 20 9 6. The Code editor shall substitute the words "resource 20 10 centers" for the word "hospital-schools" anywhere in the Code 20 11 of Iowa or in any enactment to be codified if there appears to 20 12 be no doubt as to the intent to refer to the Glenwood resource 20 13 center and Woodward resource center under the authority of the 20 14 department of human services. 20 15 DIVISION III 20 16 COUNTY CLUSTER EMPLOYEE AND VOLUNTEER RECORD 20 17 CHECKS 20 18 Sec. 52. NEW SECTION. 217.44 COUNTY CLUSTERS EMPLOYEE 20 19 AND VOLUNTEER RECORD CHECKS. 20 20 1. The department shall conduct criminal and child and 20 21 dependent adult abuse record checks of persons who are 20 22 potential employees, employees, potential volunteers, and 20 23 volunteers in county cluster offices in a position having 20 24 direct contact with the department's clients. The record 20 25 checks shall be performed in this state and the department may 20 26 conduct these checks in other states. If the department 20 27 determines that a person has been convicted of a crime or has 20 28 a record of founded child or dependent adult abuse, the 20 29 department shall perform an evaluation to determine whether 20 30 the crime or founded abuse warrants prohibition of the 20 31 person's employment or participation as a volunteer. The 20 32 record checks and evaluation shall be performed in accordance 20 33 with procedures adopted for this purpose by the department. 20 34 2. In an evaluation, the department shall consider the 20 35 nature and seriousness of the crime or founded child or 21 1 dependent adult abuse in relation to the position sought or 21 2 held, the time elapsed since the commission of the crime or 21 3 founded abuse, the circumstances under which the crime or 21 4 founded abuse was committed, the degree of rehabilitation, the 21 5 likelihood that the person will commit the crime or founded 21 6 abuse again, and the number of crimes or founded abuses 21 7 committed by the person involved. 21 8 3. The department may permit a person who is evaluated to 21 9 be employed or to participate as a volunteer if the person 21 10 complies with the department's conditions relating to 21 11 employment or participation as a volunteer which may include 21 12 completion of additional training. 21 13 4. If the department determines that the person has 21 14 committed a crime or has a record of founded child or 21 15 dependent adult abuse which warrants prohibition of employment 21 16 or participation as a volunteer, the person shall not be 21 17 employed by or participate as a volunteer in a department 21 18 cluster office in a position having direct contact with the 21 19 department's clients. 21 20 EXPLANATION 21 21 This bill relates to the authority of the department of 21 22 human services involving state institutions and employee and 21 23 volunteer background checks. 21 24 Division I of the bill relates to administration of the 21 25 institutions of the department of human services. 21 26 The bill amends Code section 218.1, relating to authority 21 27 over the department's institutions, by authorizing the 21 28 director of human services to assign responsibilities for 21 29 control of these institutions to a deputy director in addition 21 30 to current law's provision for an assignment to a division 21 31 administrator, or other employee or officer of the department. 21 32 Code section 218.2 is amended to strike a reference to the 21 33 term "division" administrator. 21 34 Code section 218.3, relating to primary authority for 21 35 management of the institutions, is stricken and rewritten. 22 1 Under current law, the director of human services may assign 22 2 administrative responsibilities for the juvenile institutions, 22 3 but the law specifies that the administrator of the division 22 4 of mental health and developmental disabilities has primary 22 5 authority for the state hospital-schools and mental health 22 6 institutes. The Code section is rewritten to define the term 22 7 "administrator" as the person to whom the director of human 22 8 services has assigned power and authority over an institution 22 9 and the term "institution" is defined as an institution listed 22 10 in Code section 218.1. 22 11 The remainder of the amendments to Code chapter 218 in this 22 12 division of the bill replace specific references to division 22 13 administrators with the defined term of "administrator" and 22 14 replace various forms of reference to the chief executive 22 15 officer of the institutions with the term "superintendent". 22 16 This division of the bill also removes state institution 22 17 administrative authority from the administrator of the 22 18 department's division of mental health and developmental 22 19 disabilities and redirects that authority to the director of 22 20 human services designee in the following Code chapters: 22 21 chapter 225C, relating to mental illness, mental retardation, 22 22 developmental disabilities, and brain injury services; chapter 22 23 226, relating to the state mental health institutes; chapter 22 24 227, relating to county and private hospitals for persons with 22 25 mental illness and mental retardation; chapter 229, relating 22 26 to hospitalization of persons with mental illness; and chapter 22 27 230, relating to support of persons with mental illness. 22 28 The amendment to Code section 229.15 also rewrites language 22 29 regarding reports of evaluations required to be made on 22 30 patients in private hospitals and county care facilities that 22 31 are also submitted to the district court. 22 32 Division II of the bill changes Code references from state 22 33 "hospital-schools" to Glenwood and Woodward state "resource 22 34 centers". 22 35 The reference changes are applied in Code section 218.1 and 23 1 222.1, relating to the list of the department's institutions, 23 2 and in Code section 222.2, relating to assignment of 23 3 administrative responsibilities for the two institutions. In 23 4 addition, the administrative assignment language in this 23 5 section is amended to conform to the changes made in division 23 6 I of the bill. 23 7 Code section 222.2, relating to the definitions used in 23 8 Code chapter 222, is amended to strike the current law's 23 9 definition of the state hospital-schools and replace it with a 23 10 new definition of the resource centers. This change is also 23 11 applied to the definition of the term "superintendents". 23 12 An alternative form of bill drafting is utilized to change 23 13 the references from "hospital-school" to "resource center", in 23 14 both singular and plural forms, in specified sections of the 23 15 1999 Code and Code Supplement. In addition, the Code editor 23 16 is directed to apply this change throughout the Code of Iowa, 23 17 including new enactments to be codified. 23 18 Division III relates to persons who are prospective 23 19 employees, employees, prospective volunteers, and volunteers 23 20 in county cluster offices in a position having direct contact 23 21 with the department's clients. The department is directed to 23 22 perform criminal and child and dependent adult abuse record 23 23 checks of such persons in this state and may perform the 23 24 checks in other states. If a criminal record or founded abuse 23 25 exists, the department is to perform an evaluation in 23 26 accordance with specified criteria to determine whether 23 27 prohibition of the person's employment or volunteer 23 28 participation is warranted. 23 29 The department may permit a person who is evaluated to be 23 30 employed or to participate as a volunteer if the person 23 31 complies with the department's conditions relating to 23 32 employment or participation as a volunteer which may include 23 33 completion of additional training. Otherwise, if the 23 34 department determines that the person has committed a crime or 23 35 has a record of founded child or dependent adult abuse which 24 1 warrants prohibition of employment or participation as a 24 2 volunteer, the person cannot be employed by or participate as 24 3 a volunteer in a department cluster office in a position 24 4 having direct contact with the department's clients. 24 5 LSB 5238DP 78 24 6 jp/gg/8.1
Text: HSB00643 Text: HSB00645 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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