Text: HSB00072 Text: HSB00074 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 232.69, subsection 3, Code 2001, is
1 2 amended to read as follows:
1 3 3. a. For the purposes of this subsection, "licensing
1 4 board" means an examining board designated in section 147.13,
1 5 the board of educational examiners created in section 272.2,
1 6 or a licensing board as defined in section 272C.1.
1 7 b. A person required to make a report under subsection 1,
1 8 other than a physician whose professional practice does not
1 9 regularly involve providing primary health care to children,
1 10 shall complete two hours of training relating to the
1 11 identification and reporting of child abuse within six months
1 12 of initial employment or self-employment involving the
1 13 examination, attending, counseling, or treatment of children
1 14 on a regular basis. Within one month of initial employment or
1 15 self-employment, the person shall obtain a statement of the
1 16 abuse reporting requirements from the person's employer or, if
1 17 self-employed, from the department. The person shall complete
1 18 at least two hours of additional child abuse identification
1 19 and reporting training every five years.
1 20 c. If the person is an employee of a hospital or similar
1 21 institution, or of a public or private institution, agency, or
1 22 facility, the employer shall be responsible for providing the
1 23 child abuse identification and reporting training. If the
1 24 person is self-employed, the person shall be responsible for
1 25 obtaining the child abuse identification and reporting
1 26 training.
1 27 d. The person may complete the initial or additional
1 28 training as part of a continuing education program required
1 29 under chapter 272C or may complete the training as part of a
1 30 training program offered by the department of human services,
1 31 the department of education, an area education agency, a
1 32 school district, the Iowa law enforcement academy, or a
1 33 similar public agency.
1 34 e. A licensing board with authority over the license of a
1 35 person required to make a report under subsection 1 shall
2 1 require as a condition of licensure that the person must have
2 2 completed the requirements for abuse training under this
2 3 subsection. The licensing board shall require the person upon
2 4 initial licensure and upon licensure renewal to accurately
2 5 document for the licensing board the person's completion of
2 6 the training requirements.
2 7 f. For persons required to make a report under subsection
2 8 1 who are not engaged in a licensed profession that is subject
2 9 to the authority of a licensing board but are employed by a
2 10 facility or program subject to licensure, registration, or
2 11 approval by a state agency, the agency shall require as a
2 12 condition of the facility's or program's initial licensure,
2 13 registration, or approval, and upon renewal, that such persons
2 14 employed by the facility or program are in compliance with the
2 15 training requirements of this subsection.
2 16 g. For peace officers, the elected or appointed official
2 17 designated as the head of the agency employing the peace
2 18 officer shall ensure compliance with the training requirements
2 19 of this subsection.
2 20 h. For persons required to make a report under subsection
2 21 1 who are employees of state departments and political
2 22 subdivisions of the state, the department director or the
2 23 chief administrator of the political subdivision shall ensure
2 24 the persons' compliance with the training requirements of this
2 25 subsection.
2 26 Sec. 2. Section 235B.16, subsection 5, Code 2001, is
2 27 amended to read as follows:
2 28 5. a. For the purposes of this subsection, "licensing
2 29 board" means an examining board designated in section 147.13,
2 30 the board of educational examiners created in section 272.2,
2 31 or a licensing board as defined in section 272C.1.
2 32 b. A person required to report cases of dependent adult
2 33 abuse pursuant to section 235B.3, other than a physician whose
2 34 professional practice does not regularly involve providing
2 35 primary health care to adults, shall complete two hours of
3 1 training relating to the identification and reporting of
3 2 dependent adult abuse within six months of initial employment
3 3 or self-employment which involves the examination, attending,
3 4 counseling, or treatment of adults on a regular basis. Within
3 5 one month of initial employment or self-employment, the person
3 6 shall obtain a statement of the abuse reporting requirements
3 7 from the person's employer or, if self-employed, from the
3 8 department. The person shall complete at least two hours of
3 9 additional dependent adult abuse identification and reporting
3 10 training every five years.
3 11 c. If the person is an employee of a hospital or similar
3 12 public or private facility, the employer shall be responsible
3 13 for providing the training. To the extent that the employer
3 14 provides approved training on the employer's premises, the
3 15 hours of training completed by employees shall be included in
3 16 the calculation of nursing or service hours required to be
3 17 provided to a patient or resident per day. If the person is
3 18 self-employed, the person shall be responsible for obtaining
3 19 the training.
3 20 d. The person may complete the initial or additional
3 21 training as a part of a continuing education program required
3 22 under chapter 272C or may complete the training as a part of a
3 23 training program offered by the department of human services,
3 24 the department of elder affairs, the department of inspections
3 25 and appeals, the Iowa law enforcement academy, or a similar
3 26 public agency.
3 27 e. A person required to complete both child abuse and
3 28 dependent adult abuse mandatory reporter training may complete
3 29 the training through a program which combines child abuse and
3 30 dependent adult abuse curricula and thereby meet the training
3 31 requirements of both this subsection and section 232.69
3 32 simultaneously. A person who is a mandatory reporter for both
3 33 child abuse and dependent adult abuse may satisfy the combined
3 34 training requirements of this subsection through completion of
3 35 a two-hour training program, if the training program
4 1 curriculum and content are approved by the department of human
4 2 services.
4 3 f. A licensing board with authority over the license of a
4 4 person required to report cases of dependent adult abuse
4 5 pursuant to section 235B.3 shall require as a condition of
4 6 licensure that the person must have completed the requirements
4 7 for abuse training under this subsection. The licensing board
4 8 shall require the person upon initial licensure and upon
4 9 licensure renewal to accurately document for the licensing
4 10 board the person's completion of the training requirements.
4 11 g. For persons required to report cases of dependent adult
4 12 abuse pursuant to section 235B.3, who are not engaged in a
4 13 licensed profession that is subject to the authority of a
4 14 licensing board but are employed by a facility or program
4 15 subject to licensure, registration, or approval by a state
4 16 agency, the agency shall require as a condition of the
4 17 facility's or program's initial licensure, registration, or
4 18 approval, and upon renewal, that such persons employed by the
4 19 facility or program are in compliance with the training
4 20 requirements of this subsection.
4 21 h. For peace officers, the elected or appointed official
4 22 designated as the head of the agency employing the peace
4 23 officer shall ensure compliance with the training requirements
4 24 of this subsection.
4 25 i. For persons required to report cases of dependent adult
4 26 abuse pursuant to section 235B.3 who are employees of state
4 27 departments and political subdivisions of the state, the
4 28 department director or the chief administrator of the
4 29 political subdivision shall ensure the persons' compliance
4 30 with the training requirements of this subsection.
4 31 EXPLANATION
4 32 This bill amends requirements applicable to mandatory
4 33 reporters of child and dependent adult abuse by requiring
4 34 persons or bodies with professional or other supervisory
4 35 responsibilities over a mandatory reporter to ensure the
5 1 reporter's compliance with training requirements.
5 2 Under current law in Code section 232.69, relating to child
5 3 abuse, and in Code section 235B.16, relating to dependent
5 4 adult abuse, mandatory reporters of those forms of abuse are
5 5 required to have two hours of training on identifying and
5 6 reporting the abuse. The initial two hours of training must
5 7 be completed within six months of initial employment or self-
5 8 employment and an additional two hours of training is required
5 9 every five years. If a person is a mandatory reporter of both
5 10 forms of abuse, the training may be combined in curriculums
5 11 subject to approval by the department of human services.
5 12 The bill directs licensing boards to require the training
5 13 and documentation of completion of the training as a condition
5 14 of licensure for persons with professional licenses who are
5 15 mandatory reporters of abuse. As defined by the bill, this
5 16 directive extends to the applicable health profession
5 17 licensing boards under Code chapter 147, the board of
5 18 educational examiners under Code chapter 272, and various
5 19 health and other professional licensing boards that have
5 20 continuing education requirements under Code chapter 272C.
5 21 For mandatory reporters who do not hold a professional
5 22 license but are employed by entities subject to licensure,
5 23 registration, or approval of a state agency, employee
5 24 compliance with the training directive is made a condition of
5 25 licensure, registration, or approval for the entities.
5 26 The elected or appointed official heading an agency
5 27 employing a peace officer is directed to ensure the peace
5 28 officer's compliance with the mandatory reporter training
5 29 directive.
5 30 A state department director or the head of a political
5 31 subdivision is directed to ensure compliance with the training
5 32 directive by public employees who are mandatory reporters.
5 33 LSB 1432HC 79
5 34 jp/cf/24
Text: HSB00072 Text: HSB00074 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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