Text: SF00315 Text: SF00317 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 272.2, subsection 14, paragraph b, 1 2 subparagraph (1), subparagraph subdivision (b), Code 2003, is 1 3 amended by adding the following new subparagraph subdivision 1 4 part: 1 5 NEW SUBPARAGRAPH SUBDIVISION PART. (viii) Sexual 1 6 exploitation by a school employee. 1 7 Sec. 2. NEW SECTION. 272.15 SINGLE CONTACT REPOSITORY 1 8 RECORD CHECKS. 1 9 1. The board may access the single contact repository 1 10 established by the department of inspections and appeals 1 11 pursuant to section 135C.33 as necessary for the board to 1 12 perform record checks of persons seeking renewal of a license 1 13 or certificate issued pursuant to this chapter. 1 14 2. The board shall charge an applicant seeking renewal of 1 15 a license, authorization, or certificate a fee to defray the 1 16 costs of performing record checks in accordance with 1 17 subsection 1. This fee is in addition to any other license or 1 18 other fee charged by the board. The executive director shall 1 19 deposit the fees with the treasurer of state and the fees 1 20 shall be credited to the general fund of the state. The 1 21 executive director shall keep an accurate and detailed account 1 22 of fees received and paid to the treasurer of state. 1 23 3. The board of directors of a school district or area 1 24 education agency and the authorities in charge of a nonpublic 1 25 school shall report to the board the nonrenewal or 1 26 termination, for reasons of alleged or actual misconduct, of a 1 27 person's contract executed under sections 279.12, 279.13, 1 28 279.15 through 279.21, 279.23, and 279.24, and the resignation 1 29 of a person who holds a license, certificate, or authorization 1 30 issued by the board as a result of or following an incident or 1 31 allegation of misconduct. Information reported to the board 1 32 in accordance with this subsection is privileged and 1 33 confidential, and, except as provided in section 272.13, is 1 34 not subject to discovery, subpoena, or other means of legal 1 35 compulsion for its release to a person other than the 2 1 respondent and the board and its employees and agents involved 2 2 in licensee discipline, and is not admissible in evidence in a 2 3 judicial or administrative proceeding other than the 2 4 proceeding involving licensee discipline. The board shall 2 5 review the information reported to determine whether a 2 6 complaint should be initiated. For purposes of this 2 7 subsection, unless the context otherwise requires, 2 8 "misconduct" means an action disqualifying an applicant for a 2 9 license or causing the license of a person to be revoked or 2 10 suspended in accordance with the rules adopted by the board to 2 11 implement section 272.2, subsection 14. 2 12 Sec. 3. Section 614.1, subsection 12, Code 2003, is 2 13 amended to read as follows: 2 14 12. SEXUAL ABUSE OR SEXUAL EXPLOITATION BY A COUNSELOR,OR2 15 THERAPIST, OR SCHOOL EMPLOYEE. An action for damages for 2 16 injury suffered as a result of sexual abuse, as defined in 2 17 section 709.1, by a counselor,ortherapist, or school 2 18 employee, as defined in section 709.15, or as a result of 2 19 sexual exploitation by a counselor,ortherapist, or school 2 20 employee shall be brought within five years of the date the 2 21 victim was last treated by the counselor or therapist, or 2 22 within five years of the date the victim was last enrolled in 2 23 the school. 2 24 Sec. 4. Section 692A.1, subsection 10, Code 2003, is 2 25 amended to read as follows: 2 26 10. "Sexual exploitation" means sexual exploitation by a 2 27 counselor,ortherapist, or school employee under section 2 28 709.15. 2 29 Sec. 5. Section 702.11, subsection 2, paragraph d, Code 2 30 2003, is amended to read as follows: 2 31 d. Sexual exploitation by a counselor,ortherapist, or 2 32 school employee in violation of section 709.15. 2 33 Sec. 6. Section 709.15, Code 2003, is amended to read as 2 34 follows: 2 35 709.15 SEXUAL EXPLOITATION BY A COUNSELOR,ORTHERAPIST, 3 1 OR SCHOOL EMPLOYEE. 3 2 1. As used in this section: 3 3 a. "Counselor or therapist" means a physician, 3 4 psychologist, nurse, professional counselor, social worker, 3 5 marriage or family therapist, alcohol or drug counselor, 3 6 member of the clergy, or any other person, whether or not 3 7 licensed or registered by the state, who provides or purports 3 8 to provide mental health services. 3 9 b. "Emotionally dependent" means that the nature of the 3 10 patient's or client's or former patient's or client's 3 11 emotional condition or the nature of the treatment provided by 3 12 the counselor or therapist is such that the counselor or 3 13 therapist knows or has reason to know that the patient or 3 14 client or former patient or client is significantly impaired 3 15 in the ability to withhold consent to sexual conduct, as 3 16 described inparagraph "f"subsection 2, by the counselor or 3 17 therapist. 3 18 For the purposes ofparagraph "f"subsection 2, a former 3 19 patient or client is presumed to be emotionally dependent for 3 20 one year following the termination of the provision of mental 3 21 health services. 3 22 c. "Former patient or client" means a person who received 3 23 mental health services from the counselor or therapist. 3 24 d. "Mental health service" means the treatment, 3 25 assessment, or counseling of another person for a cognitive, 3 26 behavioral, emotional, mental, or social dysfunction, 3 27 including an intrapersonal or interpersonal dysfunction. 3 28 e. "Patient or client" means a person who receives mental 3 29 health services from the counselor or therapist. 3 30 f. "School employee" means a practitioner as defined in 3 31 section 272.1. 3 32 g. "Student" means a person who is currently enrolled at 3 33 or attending a public or nonpublic elementary or secondary 3 34 school, or who was a student enrolled at a public or nonpublic 3 35 elementary or secondary school within thirty days of any 4 1 violation of subsection 3. 4 2f.2."Sexual exploitation by a counselor or therapist"4 3 occurs when any of the following are found: 4 4(1)a. A pattern or practice or scheme of conduct to 4 5 engage in any of the conduct described insubparagraph (2) or4 6(3)paragraph "b" or "c". 4 7(2)b. Any sexual conduct, with an emotionally dependent 4 8 patient or client or emotionally dependent former patient or 4 9 client for the purpose of arousing or satisfying the sexual 4 10 desires of the counselor or therapist or the emotionally 4 11 dependent patient or client or emotionally dependent former 4 12 patient or client, which includes but is not limited to the 4 13 following: kissing; touching of the clothed or unclothed 4 14 inner thigh, breast, groin, buttock, anus, pubes, or genitals; 4 15 or a sex act as defined in section 702.17. 4 16(3)c. Any sexual conduct with a patient or client or 4 17 former patient or client within one year of the termination of 4 18 the provision of mental health services by the counselor or 4 19 therapist for the purpose of arousing or satisfying the sexual 4 20 desires of the counselor or therapist or the patient or client 4 21 or former patient or client which includes but is not limited 4 22 to the following: kissing; touching of the clothed or 4 23 unclothed inner thigh, breast, groin, buttock, anus, pubes, or 4 24 genitals; or a sex act as defined in section 702.17. 4 25"Sexual exploitation by a counselor or therapist"does not 4 26 include touching which is part of a necessary examination or 4 27 treatment provided a patient or client by a counselor or 4 28 therapist acting within the scope of the practice or 4 29 employment in which the counselor or therapist is engaged. 4 30 3. Sexual exploitation by a school employee occurs when 4 31 any of the following are found: 4 32 a. A pattern or practice or scheme of conduct to engage in 4 33 any of the conduct described in paragraph "b". 4 34 b. Any sexual conduct with a student for the purpose of 4 35 arousing or satisfying the sexual desires of the school 5 1 employee or the student. Sexual conduct includes but is not 5 2 limited to the following: kissing; touching of the clothed or 5 3 unclothed inner thigh, breast, groin, buttock, anus, pubes, or 5 4 genitals; or a sex act as defined in section 702.17. 5 5 Sexual exploitation by a school employee does not include 5 6 touching that is necessary in the performance of the school 5 7 employee's duties while acting within the scope of employment. 5 82.4. a. A counselor or therapist who commits sexual 5 9 exploitation in violation of subsection12, paragraph"f"5 10 "a",subparagraph (1),commits a class "D" felony. 5 113.b. A counselor or therapist who commits sexual 5 12 exploitation in violation of subsection12, paragraph"f"5 13 "b",subparagraph (2),commits an aggravated misdemeanor. 5 144.c. A counselor or therapist who commits sexual 5 15 exploitation in violation of subsection12, paragraph"f"5 16 "c",subparagraph (3),commits a serious misdemeanor. In lieu 5 17 of the sentence provided for under section 903.1, subsection 5 18 1, paragraph "b", the offender may be required to attend a 5 19 sexual abuser treatment program. 5 20 5. a. A school employee who commits sexual exploitation 5 21 in violation of subsection 3, paragraph "a", commits a class 5 22 "D" felony. 5 23 b. A school employee who commits sexual exploitation in 5 24 violation of subsection 3, paragraph "b", commits an 5 25 aggravated misdemeanor. 5 26 Sec. 7. Section 802.2A, subsection 2, Code 2003, is 5 27 amended to read as follows: 5 28 2. An indictment or information for sexual exploitation by 5 29 a counselor,ortherapist, or school employee under section 5 30 709.15 committed on or with a person who is under the age of 5 31 eighteen shall be found within ten years after the person upon 5 32 whom the offense is committed attains eighteen years of age. 5 33 An information or indictment for any other sexual exploitation 5 34 shall be found within ten years of the date the victim was 5 35 last treated by the counselor or therapist, or within ten 6 1 years of the date the victim was enrolled in the school. 6 2 Sec. 8. Section 903B.1, subsection 4, paragraph h, Code 6 3 2003, is amended to read as follows: 6 4 h. Sexual exploitationby a counselorin violation of 6 5 section 709.15. 6 6 SF 316 6 7 kh/cc/26
Text: SF00315 Text: SF00317 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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