Text: SSB01132                          Text: SSB01134
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Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 1133

Bill Text

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 1296DP 78
  6 28 pf/gg/8.2
     

Text: SSB01132                          Text: SSB01134
Text: SSB01100 - SSB01199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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