House Amendment 8305
PAG LIN
1 1 Amend House File 2451 as follows:
1 2 #1. By striking everything after the enacting clause
1 3 and inserting:
1 4 <Section 1. Section 135B.9, Code 2009, is amended
1 5 to read as follows:
1 6 135B.9 Inspections and qualifications for
1 7 hospital inspectors == protection and advocacy agency
1 8 investigations.
1 9 1. The department shall make or cause to be made
1 10 inspections as it deems necessary in order to determine
1 11 compliance with applicable rules. Hospital inspectors
1 12 shall meet the following qualifications:
1 13 a. Be free of conflicts of interest. A hospital
1 14 inspector shall not participate in an inspection or
1 15 complaint investigation of a hospital in which the
1 16 inspector or a member of the inspector's immediate
1 17 family works or has worked within the last two years.
1 18 For purposes of this paragraph, "immediate family
1 19 member" means a spouse; natural or adoptive parent,
1 20 child, or sibling; or stepparent, stepchild, or
1 21 stepsibling.
1 22 b. Complete a yearly conflict of interest
1 23 disclosure statement.
1 24 c. Biennially, complete a minimum of ten hours of
1 25 continuing education pertaining to hospital operations
1 26 including but not limited to quality and process
1 27 improvement standards, trauma system standards, and
1 28 regulatory requirements.
1 29 2. In the state resource centers and state mental
1 30 health institutes operated by the department of human
1 31 services, the designated protection and advocacy
1 32 agency as provided in section 135C.2, subsection 4,
1 33 shall have the authority to investigate all complaints
1 34 of abuse and neglect of persons with developmental
1 35 disabilities or mental illnesses if the complaints are
1 36 reported to the protection and advocacy agency or if
1 37 there is probable cause to believe that the abuse has
1 38 occurred. Such authority shall include the examination
1 39 of all records pertaining to the care provided to the
1 40 residents and contact or interview with any resident,
1 41 employee, or any other person who might have knowledge
1 42 about the operation of the institution.
1 43 Sec. 2. Section 235E.2, subsection 1, paragraph a,
1 44 Code Supplement 2009, is amended to read as follows:
1 45 a. The department shall receive and evaluate
1 46 reports of dependent adult abuse in facilities and
1 47 programs. The department shall inform the department
1 48 of human services of such evaluations and dispositions
1 49 for inclusion in and those individuals who should be
1 50 placed on the central registry for dependent adult
2 1 abuse information pursuant to section 235B.5. 235E.7.
2 2 If the department believes the situation involves
2 3 an immediate danger to the public health, safety,
2 4 or welfare requiring immediate agency action to
2 5 seek emergency placement on the central registry,
2 6 the department may utilize emergency adjudicative
2 7 proceedings pursuant to section 17A.18A.
2 8 Sec. 3. Section 235E.2, subsection 10, Code
2 9 Supplement 2009, is amended to read as follows:
2 10 10. The department shall adopt rules which require
2 11 facilities and programs to separate an alleged
2 12 dependent adult abuser from a victim following an
2 13 allegation of perpetration of dependent adult abuse
2 14 and prior to the completion of an investigation of
2 15 the allegation. Independent of the department's
2 16 investigation, the facility or program employing
2 17 the alleged dependent adult abuser shall conduct an
2 18 investigation of the alleged dependent adult abuse and
2 19 determine, what, if any, employment action should be
2 20 taken including but not limited to placing the alleged
2 21 dependent adult abuser on administrative leave or
2 22 reassigning or terminating the alleged dependent adult
2 23 abuser as a result of the department's investigation.
2 24 If the facility or program terminates the alleged
2 25 dependent adult abuser as a result of the department's
2 26 investigation, the alleged dependent adult abuser shall
2 27 disclose such termination to any prospective facility
2 28 or program employer.
2 29 Sec. 4. Section 235E.2, subsection 12, Code
2 30 Supplement 2009, is amended to read as follows:
2 31 12. An inspector of the department may enter any
2 32 facility or program without a warrant and may examine
2 33 all records pertaining to residents, employees, former
2 34 employees, and the alleged dependent adult abuser as
2 35 long as the inspector informs the person in charge
2 36 of the facility or program, or the person's designee,
2 37 that the inspector is investigating an alleged case of
2 38 dependent adult abuse. If upon entry, the inspector
2 39 has knowledge of or learns during the course of an
2 40 investigation that alleged dependent adult abuse is
2 41 suspected or is being investigated, the inspector
2 42 shall inform the person in charge that the inspector
2 43 is investigating an alleged case of dependent adult
2 44 abuse. An inspector of the department may contact or
2 45 interview any resident, employee, former employee, or
2 46 any other person who might have knowledge about the
2 47 alleged dependent adult abuse. Prior to the interview,
2 48 the department shall provide written notification to
2 49 the person under investigation for dependent adult
2 50 abuse that the person is under investigation for
3 1 dependent adult abuse, the fact situation and the
3 2 nature of the abuse being investigated, the possible
3 3 civil consequences of founded abuse, the requirement
3 4 that the department forward a report to law enforcement
3 5 if the department's investigation reveals a potential
3 6 criminal offense, that the person has the right to
3 7 retain legal counsel at the person's expense and may
3 8 choose to have legal counsel, union representation,
3 9 or any other desired representative employed by
3 10 the facility present during the interview, and the
3 11 fact that the person has the right to decline to
3 12 be interviewed or to terminate an interview at any
3 13 time. The person under investigation shall inform the
3 14 department of the representatives desired to be present
3 15 during the interview and not unreasonably delay the
3 16 interview to organize their representatives' presence
3 17 at the interview. An inspector may take or cause to
3 18 be taken photographs of the dependent adult abuse
3 19 victim and the vicinity involved. The department shall
3 20 obtain consent from the dependent adult abuse victim
3 21 or guardian or other person with a power of attorney
3 22 over the dependent adult abuse victim prior to taking
3 23 photographs of the dependent adult abuse victim.
3 24 Sec. 5. NEW SECTION. 235E.6 Dependent adult abuse
3 25 finding == notification to employer and employee.
3 26 Upon a finding of founded dependent adult abuse
3 27 by a caretaker, the department shall provide written
3 28 notification of the department's findings to the
3 29 caretaker and the caretaker's employer. In addition,
3 30 the written notification shall detail the consequences
3 31 of the findings and placement on the dependent adult
3 32 abuse registry, the caretaker's appeal rights, and
3 33 include a separate appeal request form. The written
3 34 appeal request form shall clearly set forth that the
3 35 caretaker shall not be placed on the dependent adult
3 36 abuse registry until final agency action is taken if an
3 37 appeal is filed within fifteen days.
3 38 Sec. 6. NEW SECTION. 235E.7 Appeal process ==
3 39 dependent adult abuse.
3 40 1. Upon the department's finding of dependent adult
3 41 abuse, the caretaker shall file an appeal request with
3 42 the department within fifteen days of receiving the
3 43 notification of the finding of abuse. If a request
3 44 for an appeal is filed within fifteen days of the
3 45 notification of the finding, the department shall not
3 46 place the caretaker on the registry until final agency
3 47 action is taken. For a request for an appeal filed
3 48 within fifteen days of the notification of the finding,
3 49 the contested case hearing shall be held within sixty
3 50 days of the request. The caretaker may extend the
4 1 hearing timeframe by thirty days one time. Additional
4 2 requests for an extension must be agreed upon by
4 3 all parties or for good cause. The department shall
4 4 issue a determination of final agency action within
4 5 forty=five days of the contested case hearing. Upon
4 6 final agency action, further appeal rights shall be
4 7 governed by chapter 17A.
4 8 2. If a caretaker fails to request an appeal within
4 9 fifteen days, the caretaker shall have an additional
4 10 forty=five days to file an appeal pursuant to chapter
4 11 17A. However, the caretaker's name shall be placed on
4 12 the registry pending the outcome of the appeal.
4 13 3. If the caretaker requests an appeal within
4 14 fifteen days, the caretaker may waive the expedited
4 15 hearing under subsection 1 to proceed under chapter
4 16 17A, but the caretaker's name shall be placed on the
4 17 registry pending the outcome of the appeal.
4 18 Sec. 7. STUDY. The legislative council is
4 19 requested to establish an interim study committee to
4 20 evaluate due process requirements relating to child
4 21 abuse and dependent adult abuse under Code chapters
4 22 235A and 235B. The committee shall issue a report of
4 23 its recommendations to the general assembly by January
4 24 15, 2011.>
4 25 #2. Title page, by striking lines 1 through 3 and
4 26 inserting: <An Act relating to health care facilities
4 27 and programs, including hospital inspector requirements
4 28 and dependent adult abuse.>
HUNTER of Polk
HF2451.1755 (3) 83
jr/nh
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