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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