Text: SSB03104                          Text: SSB03106
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 3105

Bill Text

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 director of the state department of 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 discretion execute assign the powers and
  1 10 authorities given the director by statute to any one of the
  1 11 deputy directors, division administrators, or to any of the
  1 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    The division administrator to whom primary responsibility
  1 17 of a particular institution has been assigned shall make such
  1 18 reports to the director of the department of human 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 the said institutions.
  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 rules of the administrator of the
  2  3 division of mental health and developmental disabilities for
  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 the chief executive officer superintendent 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 administrators of the divisions of the state department
  2 25 of human services shall 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 28 such the administrators' primary control, located in any such
  2 29 municipal corporation or in territory contiguous thereto to
  2 30 the municipal corporation, upon such terms 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 administrator of the division of mental health and
  2 35 developmental disabilities of the department of human services
  3  1 in charge of an institution, subject to the approval of the
  3  2 director of the department human services, shall appoint the
  3  3 superintendents of the state hospital-schools and the state
  3  4 mental health institutes superintendent 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    The division administrator in charge of a particular
  3  9 institution, with the consent and approval of the director of
  3 10 the department of human services, shall determine the number
  3 11 of subordinate officers and employees for each the
  3 12 institution.  Subject to this chapter, the officers and
  3 13 employees shall be appointed and discharged by the chief
  3 14 executive officer superintendent or business manager pursuant
  3 15 to chapter 19A.  The officer superintendent 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  DWELLING HOUSE OF SUPERINTENDENT OR OTHER EMPLOYEE.
  3 22    1.  The division administrator having control over any
  3 23 state an institution may, with consent of the director of
  3 24 human services, furnish the executive head superintendent of
  3 25 each of the institutions institution, in addition to salary,
  3 26 with a dwelling house or with appropriate quarters in lieu
  3 27 thereof of the dwelling, or the division administrator may
  3 28 compensate the executive head superintendent of each of the
  3 29 institutions institution in lieu of furnishing a house
  3 30 dwelling or quarters.  If an executive head the superintendent
  3 31 of the institution is furnished with a dwelling house or
  3 32 quarters, either of which is owned by the state, the executive
  3 33 head superintendent may also be furnished with water, heat,
  3 34 and electricity.
  3 35    2.  The division administrator having control over any
  4  1 state an institution may furnish assistant executive heads
  4  2 superintendents or other employees, or both, with a dwelling
  4  3 houses or with appropriate quarters, owned by the state.  The
  4  4 assistant executive head superintendent or employee, who is so
  4  5 furnished, shall pay rent for the dwelling house or quarters
  4  6 in an amount to be determined by the executive head
  4  7 superintendent of the institution, which shall be the fair
  4  8 market rental value of the house dwelling or quarters.  If an
  4  9 assistant executive head superintendent or employee is
  4 10 furnished with a dwelling house or quarters, either of which
  4 11 is owned by the state, the assistant executive head
  4 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 the house dwelling 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 the executive
  4 21 officer superintendent or the business manager in charge of
  4 22 said an officer or employee, as the case may be, may direct,
  4 23 and only after written authorization by the executive officer
  4 24 superintendent or business manager, and for the number of days
  4 25 specified therein in the authorization.  A copy of such permit
  4 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 the permit authorization.
  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 over any state a type of
  4 35 institution shall, from time to time, divide the state into
  5  1 districts from which the several institutions type of
  5  2 institution may receive residents.  The particular division
  5  3 administrators administrator shall promptly notify the proper
  5  4 county or judicial officers of all changes in such the
  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 the division
  5 10 administrator having control over any state an institution,
  5 11 shall be to the institution located in the district embracing
  5 12 the county from which the commitment is issued.  The
  5 13 particular division administrators An 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    The managing officer superintendent of each an 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 of such the institution.  When a patient or
  5 24 resident leaves, or is discharged, or transferred, or dies in
  5 25 any an institution, the superintendent or person in charge
  5 26 shall within ten days thereafter after that date send such the
  5 27 information to the office of such the 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    The chief executive officer superintendent of an
  5 33 institution, receiving a person committed to any of said
  5 34 institutions the institution, shall inquire of such the person
  5 35 as to the person's religious preference and enter the same
  6  1 preference in the book kept for the purpose, and cause said
  6  2 the person to sign the same book.
  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 administrators of the department of human services to
  6  7 whom control of state institutions has been delegated
  6  8 assigned, or their authorized officers or employees, may
  6  9 investigate charges of abuse, neglect, or mismanagement on the
  6 10 part of any an officer or employee of any a private
  6 11 institution which is subject to the administrator's particular
  6 12 supervision or control.  The administrator of the division of
  6 13 mental health and developmental disabilities who 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 the chief executive officers
  6 23 superintendents of said the institutions shall be held with
  6 24 the administrator in control of such institution the
  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 of said the institutions.
  6 28 Full minutes of such meetings the 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, at such the conferences, on
  6 32 appropriate subjects.
  6 33    Sec. 16.  Section 218.46, subsection 1, Code 1999, is
  6 34 amended to read as follows:
  6 35    1.  The administrators of divisions of the department of
  7  1 human services who are administrator who is in charge of
  7  2 institutions an institution shall encourage the scientific
  7  3 investigation, on the part of the executive heads
  7  4 superintendent and medical staffs staff of the various
  7  5 institutions institution, as to the most successful methods of
  7  6 managing such institutions institutional management and
  7  7 treating the persons committed thereto, to the institution.
  7  8 In addition, the administrator shall procure and furnish to
  7  9 such heads and staffs the 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 in said institutions that 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    The chief executive officer superintendent or business
  7 18 manager of each institution, or business manager of
  7 19 institutions 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, at said the same time, remit the same
  7 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    The executive head superintendent 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 30 embrace therein a minute include in the report a detailed and
  7 31 accurate inventory of the stock and supplies on hand, and the
  7 32 their amount and value thereof, under the following heads
  7 33 headings:  Livestock livestock, 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 appropriate heads headings 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 of a state an institution may
  8 10 permit the executive head, which shall include superintendent
  8 11 or the business manager as provided in this chapter, of each
  8 12 institution to retain a stated amount of funds in under the
  8 13 executive head's superintendent's or business manager's
  8 14 possession supervision as a contingent fund for the payment of
  8 15 freight, postage, commodities purchased on authority of the
  8 16 particular administrator superintendent 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 22    The An administrator of a division of the department of
  8 23 human services may purchase supplies of any institution under
  8 24 the administrator's control, for use in any other such
  8 25 institution under the administrator's control, and reasonable
  8 26 payment therefor for 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 finance is authorized to may
  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 administrator of a division of the department
  8 35 of 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    The chief executive officer superintendent 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 at said the institution, and
  9  9 deliver the same property 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    218.67  WHEN NO ADMINISTRATION GRANTED ESTATE ADMINISTRATOR
  9 14 NOT IDENTIFIED.
  9 15    If administration be not granted an estate administrator is
  9 16 not identified within one year from the death of a decedent in
  9 17 an institution, and no a surviving spouse or heir is not
  9 18 known, said executive officer the superintendent of the
  9 19 institution may convert all said the decedent's property into
  9 20 money cash and in so doing the executive officer
  9 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 money so sent
  9 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 was sent transmitted 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 the chief
  9 34 executive officer superintendent of the institution or
  9 35 business manager, as the case may be, and a transcript thereof
 10  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  7 management control of an administrator of the division of the
 10  8 department of human services are 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 be there
 10 11 confined housed and cared for, said the administrator shall
 10 12 make temporary provision for the confinement housing 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    218.83  CO-OPERATION ADMINISTRATIVE IMPROVEMENT.
 10 21    The director of the department of human services and the
 10 22 administrators of the divisions therein are directed to co-
 10 23 operate assigned 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 institutions under the control of the department of human
 10 28 services.
 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 of the department of human services through
 10 33 the administrators of the divisions in control of state the
 10 34 institutions shall install in all such state the institutions
 10 35 under the director's control and supervision the 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, the chief executive
 11 11 officer of each institution superintendent or business manager
 11 12 of each institution having the same, shall prepare and forward
 11 13 to the director of the department of human 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 a A 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    218.92  DANGEROUS MENTALLY DISTURBED PATIENTS 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, or an
 11 25 another institution under the administration of the
 11 26 administrator of the division of mental health and
 11 27 developmental disabilities of the department of human
 11 28 services, has become so mentally disturbed as to constitute a
 11 29 danger to self, to other patients in or 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 the executive head superintendent 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 court which hospitalized that 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 hospitalized there in
 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 of the department of human services or the
 12 18 administrators of divisions in control of state the
 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 or such the
 12 22 administrators, their employees, or employees of institutions
 12 23 under their jurisdiction or to provide in-service training and
 12 24 instruction for such the employees.  The director and
 12 25 administrators are authorized to pay the consultants at a rate
 12 26 to be determined by them from funds appropriated to under
 12 27 their division control or to from any institution
 12 28 institutional funding under their jurisdiction as such the
 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 administrators of divisions in the department of human
 12 34 services in control of state the institutions may maintain a
 12 35 canteen at any institution under their jurisdiction and
 13  1 control for the sale to persons confined therein residing 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 merchandise therefor for
 13  5 such sale.  Such The administrators shall specify what
 13  6 commodities will be sold therein in 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 administrator of a division of the department of human
 13 15 services in 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 administrator of the
 13 31 division of the department in 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  AUTHORITY OF ADMINISTRATOR TO 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 31 administrator of the division of mental health and
 14 32 developmental disabilities of the department of human services
 14 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 the administrator of the
 15  5 division of mental health and developmental disabilities of
 15  6 the department of human services person 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 of that
 15 12 division of the department of human services having
 15 13 jurisdiction of assigned, 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 which so placed the patient, at least once every six
 15 22 months, unless the court authorizes annual reports.  A report
 15 23 shall be submitted within fifteen days after the facility in
 15 24 which the patient has been placed is evaluated as required by
 15 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 administrator of the division
 15 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 on such the
 16  7 application, shall be required to pay the costs of
 16  8 hospitalization at rates established by the administrator of
 16  9 the 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.  Such The 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 administrator of the division shall have the power to
 16 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 in any a health care facility licensed
 16 22 under chapter 135C, when in the opinion of the administrator
 16 23 said the 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 which hospitalized ordered
 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, it the court shall
 16 34 immediately notify the administrator of the division of such
 16 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  8    When any If 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, any a peace officer in any the county in
 17 11 which such the patient is found may take and detain the
 17 12 patient without order and shall report such the detention to
 17 13 the administrator of the division who shall provide for the
 17 14 return of such the patient to the authorities of the state
 17 15 where the unauthorized leave was made.  Pending such return
 17 16 such the patient may be detained temporarily at one of the
 17 17 institutions of this state governed by under the control of
 17 18 the administrator of the division or any other administrator
 17 19 of the state department 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 administrator of the division is hereby authorized to
 17 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 of the division of mental health and
 17 34 developmental disabilities of the 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 state hospital-school resource center.
 18  8    2.  Woodward state hospital-school resource center.
 18  9    Sec. 46.  Section 222.1, Code 1999, is amended to read as
 18 10 follows:
 18 11    222.1  PURPOSE OF STATE SCHOOLS RESOURCE CENTERS.
 18 12    1.  The Glenwood state hospital-school resource center and
 18 13 the Woodward state hospital-school resource 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 state hospital-school resource center.  In addition, the state
 18 21 hospital-schools resource 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.  A hospital-school resource center may request the
 18 25 approval of the council on human services to change the name
 18 26 of the institution resource 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 the administrator of the division
 18 35 of mental health and developmental disabilities of person
 19  1 assigned by the department director 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 state hospital-schools resource 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

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