Text: HSB00072                          Text: HSB00074
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 73

Bill Text

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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