House
Amendment
to
Senate
Amendment
to
House
File
2422
S-5229
Amend
the
Senate
amendment,
H-8486
to
House
File
1
2422,
as
amended,
passed,
and
reprinted
by
the
House,
2
as
follows:
3
1.
By
striking
page
1,
line
3,
through
page
3,
line
4
12,
and
inserting:
5
<
___.
By
striking
everything
after
the
enacting
6
clause
and
inserting:
7
<
Section
1.
Section
135C.3,
subsection
1,
Code
8
2011,
is
amended
to
read
as
follows:
9
1.
a.
A
licensed
nursing
facility
shall
provide
10
an
organized
twenty-four-hour
program
of
services
11
commensurate
with
the
needs
of
its
residents
and
12
under
the
immediate
direction
of
a
licensed
nurse.
13
Medical
and
nursing
services
must
be
provided
14
under
the
direction
of
either
a
house
physician
15
or
an
individually
selected
physician.
Surgery
or
16
obstetrical
care
shall
not
be
provided
within
the
17
facility.
An
admission
to
the
nursing
facility
must
18
be
based
on
a
physician’s
written
order
certifying
19
that
the
individual
being
admitted
requires
no
greater
20
degree
of
nursing
care
than
the
facility
to
which
the
21
admission
is
made
is
licensed
to
provide
and
is
capable
22
of
providing.
23
b.
A
nursing
facility
is
not
required
to
admit
24
an
individual
through
court
order,
referral,
or
25
other
means
without
the
express
prior
approval
of
the
26
administrator
of
the
nursing
facility.
For
purposes
of
27
this
paragraph,
the
approval
of
the
administrator
of
28
the
nursing
facility
cannot
be
withheld
on
the
basis
of
29
considerations
that
are
otherwise
prohibited
by
state
30
or
federal
law.
31
Sec.
2.
Section
135C.4,
Code
2011,
is
amended
to
32
read
as
follows:
33
135C.4
Residential
care
facilities.
34
1.
Each
facility
licensed
as
a
residential
care
35
facility
shall
provide
an
organized
continuous
36
twenty-four-hour
program
of
care
commensurate
with
37
the
needs
of
the
residents
of
the
home
and
under
38
the
immediate
direction
of
a
person
approved
and
39
certified
by
the
department
whose
combined
training
and
40
supervised
experience
is
such
as
to
ensure
adequate
and
41
competent
care.
42
2.
All
admissions
to
residential
care
facilities
43
shall
be
based
on
an
order
written
by
a
physician
44
certifying
that
the
individual
being
admitted
does
45
not
require
nursing
services
or
that
the
individual’s
46
need
for
nursing
services
can
be
avoided
if
home
and
47
community-based
services,
other
than
nursing
care,
as
48
defined
by
this
chapter
and
departmental
rule,
are
49
provided.
50
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10
#1.
3.
For
the
purposes
of
this
section
,
the
home
1
and
community-based
services
to
be
provided
shall
2
be
limited
to
the
type
included
under
the
medical
3
assistance
program
provided
pursuant
to
chapter
249A
,
4
shall
be
subject
to
cost
limitations
established
by
5
the
department
of
human
services
under
the
medical
6
assistance
program,
and
except
as
otherwise
provided
7
by
the
department
of
inspections
and
appeals
with
8
the
concurrence
of
the
department
of
human
services,
9
shall
be
limited
in
capacity
to
the
number
of
licensed
10
residential
care
facilities
and
the
number
of
licensed
11
residential
care
facility
beds
in
the
state
as
of
12
December
1,
2003.
13
4.
A
residential
care
facility
is
not
required
14
to
admit
an
individual
through
court
order,
referral,
15
or
other
means
without
the
express
prior
approval
of
16
the
administrator
of
the
residential
care
facility.
17
For
purposes
of
this
subsection,
the
approval
of
the
18
administrator
of
the
residential
care
facility
cannot
19
be
withheld
on
the
basis
of
considerations
that
are
20
otherwise
prohibited
by
state
or
federal
law.
21
Sec.
3.
NEW
SECTION
.
135C.23A
Sex
offender
22
notification.
23
1.
Upon
commitment
of
a
person
required
to
register
24
as
a
sex
offender
as
provided
in
section
692A.103
to
25
a
nursing
facility,
residential
care
facility,
or
26
assisted
living
program
as
defined
in
section
231C.2,
27
the
clerk
of
the
committing
court
shall
notify
the
28
department
of
inspections
and
appeals
and
the
admitting
29
facility
or
program.
30
2.
Prior
to
admission
of
a
resident
or
tenant
to
31
a
nursing
facility,
residential
care
facility,
or
32
assisted
living
program,
the
facility
or
program
shall
33
access
and
search
the
sex
offender
registry
established
34
in
chapter
692A
to
determine
whether
the
resident
35
or
tenant
is
a
person
required
to
register
as
a
sex
36
offender,
as
provided
in
section
692A.103.
37
3.
Upon
the
admission
of
a
person
required
to
38
register
as
a
sex
offender,
a
nursing
facility,
39
residential
care
facility,
or
assisted
living
program
40
shall
provide
notice
of
the
admission,
in
accordance
41
with
the
federal
Health
Insurance
Portability
and
42
Accountability
Act
of
1996,
Pub.
L.
No.
104-191,
other
43
state
and
federal
regulations,
and
rules
adopted
by
the
44
department,
to
all
of
the
following
persons:
45
a.
Residents
or
tenants
of
the
facility
or
program.
46
b.
The
emergency
contact
person
or
next
of
kin
for
47
residents
or
tenants
of
the
facility
or
program.
48
c.
Operators,
owners,
managers,
or
employees
of
the
49
facility
or
program.
50
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d.
Visitors
to
the
facility
or
program.
1
e.
The
sheriff
for
the
county
in
which
the
facility
2
or
program
is
located.
The
sheriff
shall
notify
local
3
law
enforcement
agencies.
4
4.
Upon
the
admission
of
a
person
required
to
5
register
as
a
sex
offender,
a
nursing
facility,
6
residential
care
facility,
or
assisted
living
program
7
shall
develop
and
implement
a
written
safety
plan
for
8
each
such
person
in
accordance
with
rules
adopted
by
9
the
department.
10
5.
The
department
shall
establish
by
rule,
all
of
11
the
following:
12
a.
The
requirements
of
the
notice
required
under
13
this
section.
The
rules
shall
include
but
are
not
14
limited
to
provisions
for
the
method
of
notice
and
15
time
of
notice
to
each
of
the
persons
enumerated
in
16
subsection
3.
17
b.
The
requirements
of
a
safety
plan
for
persons
18
required
to
register
as
a
sex
offender
who
are
admitted
19
by
a
nursing
facility,
residential
care
facility,
or
20
assisted
living
program.
The
rules
shall
include
but
21
are
not
limited
to
all
of
the
following:
22
(1)
A
plan
for
the
safety
of
residents,
tenants,
23
and
staff
of
the
facility
or
program.
24
(2)
A
plan
for
the
safety
of
others
when
community
25
functions
are
held
at
a
facility
or
program
and
when
a
26
person
required
to
register
as
a
sex
offender
is
not
on
27
the
premises
of
a
facility
or
program
but
the
person
28
remains
within
the
care,
custody,
and
control
of
the
29
facility
or
program.
30
(3)
A
provision
to
establish
the
responsibilities
31
of
a
nursing
facility,
residential
care
facility,
and
32
assisted
living
program
and
the
operators,
owners,
33
managers,
and
employees
of
facilities
and
programs
in
34
implementing
a
safety
plan.
35
(4)
A
provision
for
the
timely
development
and
36
implementation
of
a
safety
plan.
37
6.
The
department
shall
work
with
interested
38
stakeholders
in
developing
the
proposed
rules
under
39
this
section.
40
7.
A
violation
of
this
section
is
subject
to
the
41
imposition
of
a
civil
penalty
in
accordance
with
rules
42
adopted
by
the
department
pursuant
to
this
section.
43
Sec.
4.
Section
229A.8A,
subsection
5,
Code
2011,
44
is
amended
to
read
as
follows:
45
5.
Committed
Except
as
provided
in
subsection
6A,
46
committed
persons
in
the
transitional
release
program
47
are
not
necessarily
required
to
be
segregated
from
48
other
persons.
49
Sec.
5.
Section
229A.8A,
Code
2011,
is
amended
by
50
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10
adding
the
following
new
subsection:
1
NEW
SUBSECTION
.
6A.
Persons
in
the
transitional
2
release
program
shall
not
be
released
to
a
health
care
3
facility
as
defined
in
section
135C.1.
4
Sec.
6.
Section
229A.9A,
Code
2011,
is
amended
by
5
adding
the
following
new
subsection:
6
NEW
SUBSECTION
.
3A.
If
a
release
with
or
without
7
supervision
is
ordered,
the
committed
person
shall
not
8
be
released
to
a
health
care
facility
as
defined
in
9
section
135C.1.
10
Sec.
7.
Section
231C.3,
subsection
9,
Code
2011,
is
11
amended
to
read
as
follows:
12
9.
An
assisted
living
program
shall
comply
with
13
section
sections
135C.23A
and
135C.33
.
14
Sec.
8.
Section
231C.5A,
Code
2011,
is
amended
to
15
read
as
follows:
16
231C.5A
Assessment
of
tenants
——
program
17
eligibility.
18
1.
An
assisted
living
program
receiving
19
reimbursement
through
the
medical
assistance
program
20
under
chapter
249A
shall
assist
the
department
of
21
veterans
affairs
in
identifying,
upon
admission
of
a
22
tenant,
the
tenant’s
eligibility
for
benefits
through
23
the
United
States
department
of
veterans
affairs.
24
The
assisted
living
program
shall
also
assist
the
25
commission
of
veterans
affairs
in
determining
such
26
eligibility
for
tenants
residing
in
the
program
on
July
27
1,
2009.
The
department
of
inspections
and
appeals,
28
in
cooperation
with
the
department
of
human
services,
29
shall
adopt
rules
to
administer
this
section
,
including
30
a
provision
that
ensures
that
if
a
tenant
is
eligible
31
for
benefits
through
the
United
States
department
of
32
veterans
affairs
or
other
third-party
payor,
the
payor
33
of
last
resort
for
reimbursement
to
the
assisted
living
34
program
is
the
medical
assistance
program.
The
rules
35
shall
also
require
the
assisted
living
program
to
36
request
information
from
a
tenant
or
tenant’s
personal
37
representative
regarding
the
tenant’s
veteran
status
38
and
to
report
to
the
department
of
veterans
affairs
39
only
the
names
of
tenants
identified
as
potential
40
veterans
along
with
the
names
of
their
spouses
and
41
any
dependents.
Information
reported
by
the
assisted
42
living
program
shall
be
verified
by
the
department
of
43
veterans
affairs.
44
2.
An
assisted
living
program
is
not
required
45
to
enter
into
a
lease
or
occupancy
agreement
with
an
46
individual
through
court
order,
referral,
or
other
47
means
without
the
express
prior
approval
of
the
manager
48
of
the
assisted
living
program.
For
purposes
of
this
49
subsection,
the
approval
of
the
manager
of
the
assisted
50
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living
program
cannot
be
withheld
on
the
basis
of
1
considerations
that
are
otherwise
prohibited
by
state
2
or
federal
law.
3
Sec.
9.
Section
231C.14,
subsection
1,
Code
2011,
4
is
amended
by
adding
the
following
new
paragraph:
5
NEW
PARAGRAPH
.
d.
Noncompliance
with
section
6
135C.23A.
7
Sec.
10.
Section
602.8102,
Code
2011,
is
amended
by
8
adding
the
following
new
subsection:
9
NEW
SUBSECTION
.
152.
Notify
the
department
of
10
inspections
and
appeals
and
the
admitting
entity
upon
11
commitment
of
a
person
required
to
register
as
a
sex
12
offender
as
provided
in
section
692A.103
to
a
nursing
13
facility
or
residential
care
facility
as
defined
in
14
section
135C.1,
or
assisted
living
program
as
defined
15
in
section
231C.2.
16
Sec.
11.
PLACEMENT
OF
PERSONS
REQUIRED
TO
17
REGISTER.
18
1.
For
purposes
of
this
section,
“adequate
19
placement”
means
a
placement
that
will
provide
the
20
level
of
care
necessary
for
a
person
including
the
21
level
of
care
provided
by
a
nursing
facility
or
22
residential
care
facility.
23
2.
For
the
period
beginning
July
1,
2012,
through
24
June
30,
2013,
the
department
of
human
services,
in
25
compliance
with
federal
and
state
law,
shall
secure
26
adequate
placements
for
persons
required
to
register
27
as
a
sex
offender
pursuant
to
chapter
692A
who
are
28
being
released
from
the
custody
of
the
department
29
of
corrections
and
require
the
type
of
medical
30
and
personal
care
provided
by
a
nursing
facility,
31
residential
care
facility,
or
assisted
living
program;
32
who
are
being
discharged
or
transferred
from
nursing
33
facilities,
residential
care
facilities,
or
assisted
34
living
programs
pursuant
to
a
provision
of
this
Act;
35
or
who
require
the
type
of
medical
and
personal
care
36
provided
by
nursing
facilities,
residential
care
37
facilities,
or
assisted
living
programs
when
the
38
persons
are
unable
to
gain
access
to
a
facility
or
39
program
because
the
persons
are
required
to
register
on
40
the
sex
offender
registry.
41
3.
The
department
of
human
services
may
use
a
42
state
facility
to
provide
care
for
such
persons
or
may
43
conduct
a
request
for
proposal
process
to
contract
with
44
a
private
facility
to
care
for
such
persons.
A
request
45
for
proposals
shall
identify
the
reimbursement
rate
46
and
the
necessary
training
for
staff
in
the
facility
47
or
program.
48
4.
The
department
of
human
services
shall
secure
49
an
adequate
placement
for
such
a
person
within
ten
50
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business
days
of
being
notified
by
the
department
of
1
corrections,
the
department
of
inspections
and
appeals,
2
or
a
nursing
facility,
residential
care
facility,
3
or
assisted
living
program
that
placement
is
needed
4
for
such
person,
provided
that
such
period
shall
not
5
commence
until
the
department
of
public
safety
receives
6
and
approves
registration
data
and
makes
such
data
7
available
on
the
sex
offender
registry
internet
site
8
pursuant
to
section
692A.121,
subsection
12.
9
Sec.
12.
WORKFORCE
DEVELOPMENT
WORKGROUP.
10
1.
If
a
workgroup
to
address
issues
connected
with
11
workforce
development
related
to
mental
health
and
12
disability
services
is
established
by
or
as
a
result
13
of
legislation
enacted
by
the
2012
regular
session
of
14
the
Eighty-fourth
General
Assembly,
the
workgroup
shall
15
also
address
issues
connected
with
ensuring
that
an
16
adequate
workforce
is
available
in
the
state
to
provide
17
services
to
persons
who
have
a
history
of
committing
18
sexual
offenses
and
have
been
determined
to
be
likely
19
to
reoffend.
20
2.
a.
If
a
workgroup
to
address
issues
connected
21
with
workforce
development
for
mental
health
and
22
disability
services
is
not
established
by
or
as
a
23
result
of
legislation
enacted
by
the
2012
regular
24
session
of
the
Eighty-fourth
General
Assembly,
the
25
department
of
human
services
shall
convene
and
provide
26
support
to
a
health
and
mental
health
services
for
27
sexual
offender
workforce
development
workgroup
to
28
address
issues
connected
with
ensuring
that
an
adequate
29
workforce
is
available
in
the
state
to
provide
health
30
and
mental
health
services
to
persons
who
have
a
31
history
of
committing
sexual
offenses
and
have
been
32
determined
to
be
likely
to
reoffend.
The
workgroup
33
shall
report
at
least
annually
to
the
governor
and
34
general
assembly
providing
findings,
recommendations,
35
and
financing
information
concerning
the
findings
and
36
recommendations.
37
b.
The
membership
of
the
workgroup
shall
include
38
all
of
the
following:
39
(1)
The
director
of
the
department
of
aging
or
the
40
director’s
designee.
41
(2)
The
director
of
the
department
of
corrections
42
or
the
director’s
designee.
43
(3)
The
director
of
the
department
of
education
or
44
the
director’s
designee.
45
(4)
The
director
of
human
services
or
the
46
director’s
designee.
47
(5)
The
director
of
the
department
of
public
health
48
or
the
director’s
designee.
49
(6)
The
director
of
the
department
of
workforce
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development
or
the
director’s
designee.
1
(7)
At
least
three
individuals
who
have
a
history
2
of
committing
sexual
offenses
and
have
been
determined
3
likely
to
reoffend
who
are
receiving
mental
health
4
or
health
services
or
involved
relatives
of
such
5
individuals.
6
(8)
At
least
three
providers
of
mental
health
or
7
health
services
for
individuals
who
have
a
history
of
8
committing
sexual
offenses
and
have
been
determined
9
likely
to
reoffend.
10
(9)
Other
persons
identified
by
the
workgroup.
11
c.
In
addition
to
the
members
identified
in
12
paragraph
“b”,
the
membership
of
the
workgroup
13
shall
include
four
members
of
the
general
assembly
14
serving
in
a
ex
officio,
nonvoting
capacity.
One
15
member
shall
be
designated
by
each
of
the
following:
16
the
majority
leader
of
the
senate,
the
minority
17
leader
of
the
senate,
the
speaker
of
the
house
of
18
representatives,
and
the
minority
leader
of
the
house
19
of
representatives.
A
legislative
member
serves
for
a
20
term
as
provided
in
section
69.16B.
21
d.
Except
as
provided
in
paragraph
“c”
for
22
legislative
appointments,
the
workgroup
shall
determine
23
its
own
rules
of
procedure,
membership
terms,
and
24
operating
provisions.
25
Sec.
13.
FACILITY
FOR
SEXUAL
OFFENDERS
COMMITTEE
26
AND
REPORT.
27
1.
The
department
of
inspections
and
appeals,
in
28
conjunction
with
the
department
of
human
services,
29
shall
establish
and
facilitate
the
activities
of
30
a
committee
of
stakeholders
to
examine
options
for
31
designating
a
facility
to
provide
care
for
persons
in
32
this
state
who
have
a
history
of
committing
sexual
33
offenses
and
have
been
determined
to
be
likely
to
34
reoffend.
35
2.
The
membership
of
the
committee
shall
include
36
but
is
not
limited
to
the
following:
37
a.
Representatives
of
the
departments
of
38
inspections
and
appeals,
human
services,
public
health,
39
corrections,
and
aging,
the
office
of
the
state
public
40
defender,
the
office
of
the
citizens’
aide,
the
office
41
of
the
state
long-term
care
ombudsman,
and
the
judicial
42
branch.
43
b.
Consumers
of
services
provided
by
health
care
44
facilities
and
family
members
of
consumers.
45
c.
Representatives
of
the
health
care
industry
and
46
industry
associations.
47
d.
Direct
care
workers
employed
by
health
care
48
facilities.
49
e.
Representatives
from
the
Iowa
legal
aid.
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f.
Representatives
from
AARP
Iowa.
1
g.
Representatives
from
the
Iowa
civil
liberties
2
union.
3
h.
Other
stakeholders
as
the
department
of
4
inspections
and
appeals
and
the
department
of
human
5
services
deem
necessary.
6
i.
Four
ex
officio,
nonvoting
members
from
the
7
general
assembly
with
not
more
than
one
member
from
8
each
chamber
being
from
the
same
political
party.
9
The
two
senators
shall
be
appointed,
one
each,
by
10
the
majority
leader
of
the
senate
and
the
minority
11
leader
of
the
senate.
The
two
representatives
shall
12
be
appointed,
one
each,
by
the
speaker
of
the
house
of
13
representatives
and
the
minority
leader
of
the
house
14
of
representatives.
15
3.
The
committee
shall
discuss
and
make
16
recommendations
on
all
of
the
following:
17
a.
Options
to
create
a
new
facility
or
assist
18
an
existing
facility
to
expand
services
to
provide
19
care
for
elderly
persons
who
are
no
longer
under
20
judicial
control,
but
have
a
history
of
committing
21
sexual
offenses
and
have
been
determined
to
be
22
likely
to
reoffend.
The
committee
shall
identify
23
the
characteristics
of
a
client
for
such
a
facility,
24
the
need
for
such
a
facility,
options
for
creating
25
a
new
facility
to
house
such
persons,
options
for
26
the
expansion
of
an
existing
facility
to
house
such
27
persons,
options
for
using
any
alternative
facilities
28
for
such
purposes,
options
for
a
public-private
29
partnership
for
such
a
facility,
options
for
30
using
part
of
a
mental
health
institute
to
house
31
such
persons,
options
to
qualify
a
facility
for
32
Medicaid
reimbursement,
cost
projections
for
any
33
recommendations,
regulatory
challenges,
and
other
34
information
deemed
relevant
by
the
department
of
35
inspections
and
appeals
and
the
department
of
human
36
services.
37
b.
The
responsibility
of
the
court,
the
clerk
of
38
the
district
court,
the
department
of
corrections,
39
or
any
other
entity,
department,
or
person
to
inform
40
a
nursing
facility,
residential
care
facility,
or
an
41
assisted
living
program
of
the
admission
of
a
person
42
who
has
a
history
of
committing
sexual
offenses.
43
c.
The
responsibility
of
the
court,
clerk
of
the
44
district
court,
department
of
corrections,
a
facility,
45
or
any
other
entity,
department,
or
person
to
notify
46
persons
of
the
discharge
of
a
person
who
has
a
history
47
of
committing
sexual
offenses
from
a
nursing
facility,
48
residential
care
facility,
or
assisted
living
program.
49
d.
The
requirements
of
a
treatment
safety
plan
for
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a
person
admitted
to
a
nursing
facility,
residential
1
care
facility,
or
assisted
living
program
who
has
a
2
history
of
committing
sexual
offenses.
The
treatment
3
safety
plan
shall
address
the
procedure
for
notifying
4
other
residents
of
the
residency
of
a
person
required
5
to
register
as
a
sex
offender.
6
e.
The
establishment
of
a
formal
process
for
7
the
department
of
inspections
and
appeals
to
follow
8
when
completing
facility
or
assisted
living
program
9
inspections
or
surveys.
10
f.
The
establishment
of
a
system
for
the
judicial
11
branch
to
identify
facilities
with
the
capacity
to
12
provide
an
appropriate
placement
for
a
person
requiring
13
commitment
when
the
person
also
has
a
history
of
14
committing
sexual
offenses.
15
4.
The
committee
shall
provide
a
report
detailing
16
its
findings
and
recommendations
to
the
governor
and
17
the
general
assembly
by
December
14,
2012.
18
Sec.
14.
EMERGENCY
RULES.
If
specifically
19
authorized
by
a
provision
of
this
Act,
the
department
20
of
inspections
and
appeals
may
adopt
administrative
21
rules
under
section
17A.4,
subsection
3,
and
section
22
17A.5,
subsection
2,
paragraph
“b”,
to
implement
23
the
provisions
and
the
rules
shall
become
effective
24
immediately
upon
filing
or
on
a
later
effective
date
25
specified
in
the
rules,
unless
the
effective
date
is
26
delayed
by
the
administrative
rules
review
committee.
27
Any
rules
adopted
in
accordance
with
this
section
28
shall
not
take
effect
before
the
rules
are
reviewed
29
by
the
administrative
rules
review
committee.
The
30
delay
authority
provided
to
the
administrative
rules
31
review
committee
under
section
17A.4,
subsection
7,
and
32
section
17A.8,
subsection
9,
shall
be
applicable
to
a
33
delay
imposed
under
this
section,
notwithstanding
a
34
provision
in
those
sections
making
them
inapplicable
35
to
section
17A.5,
subsection
2,
paragraph
“b”.
Any
36
rules
adopted
in
accordance
with
the
provisions
of
this
37
section
shall
also
be
published
as
a
notice
of
intended
38
action
as
provided
in
section
17A.4.
39
Sec.
15.
CURRENT
RESIDENTS
AND
TENANTS
——
40
ACCESS
AND
SEARCH
OF
SEX
OFFENDER
REGISTRY
AND
41
NOTIFICATION.
A
nursing
facility,
residential
care
42
facility,
or
assisted
living
program,
within
three
43
months
of
the
adoption
of
the
rules
by
the
department
44
of
inspections
and
appeals
regarding
notification
of
45
the
admission
of
persons
required
to
register
as
a
46
sex
offender
to
a
facility
or
program
and
development
47
and
implementation
of
safety
plans
relating
to
such
48
admitted
persons,
shall
access
and
search
the
sex
49
offender
registry
established
in
chapter
692A
for
50
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persons
who
were
residents
or
tenants
of
a
facility
1
or
program
prior
to
the
adoption
of
the
rules
and
who
2
remain
residents
or
tenants
of
the
facility
or
program
3
after
the
adoption
of
the
rules.
Upon
determining
that
4
a
resident
or
tenant
is
a
person
required
to
register
5
as
a
sex
offender,
the
facility
or
program
shall,
6
within
three
months
of
the
adoption
of
the
rules,
7
work
with
the
department
of
inspections
and
appeals
8
and
the
department
of
human
services
to
transfer
a
9
sex
offender
living
in
the
facility
or
program
to
a
10
state
facility,
based
on
the
sex
offender
status
as
11
an
endangerment
to
the
safety
of
individuals
in
the
12
facility
or
program,
or
notify
persons
as
required
by
13
section
135C.23A
and
the
rules
adopted
pursuant
to
14
that
section
and
develop
and
implement
a
safety
plan
15
as
required
by
section
135C.23A
and
the
rules
adopted
16
pursuant
to
that
section.
The
rules
shall
provide
17
that,
for
purposes
of
this
section,
a
nursing
facility,
18
residential
care
facility,
or
assisted
living
program
19
has
the
right
to
discharge
a
current
resident
or
tenant
20
based
solely
on
the
person’s
status
as
a
sex
offender
21
as
an
endangerment
to
the
safety
of
individuals
in
the
22
facility
or
program.
23
Sec.
16.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
24
deemed
of
immediate
importance,
takes
effect
upon
25
enactment.
>
26
___.
Title
page,
line
3,
after
<
program,
>
by
27
inserting
<
the
care
and
housing
of
sex
offenders
and
28
sexually
violent
predators,
>>
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