House
File
544
-
Enrolled
House
File
544
AN
ACT
INCLUDING
PERSONAL
DEGRADATION
AS
A
FORM
OF
DEPENDENT
ADULT
ABUSE
BY
CARETAKERS
IN
FACILITIES
AND
PROGRAMS
REGULATED
BY
THE
DEPARTMENT
OF
INSPECTIONS
AND
APPEALS,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
235E.1,
subsection
5,
paragraph
a,
Code
2017,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(3)
Personal
degradation
of
a
dependent
adult.
“Personal
degradation”
means
a
willful
act
or
statement
by
a
caretaker
intended
to
shame,
degrade,
humiliate,
or
otherwise
harm
the
personal
dignity
of
a
dependent
adult,
or
where
the
caretaker
knew
or
reasonably
should
have
known
the
act
or
statement
would
cause
shame,
degradation,
humiliation,
or
harm
to
the
personal
dignity
of
a
reasonable
person.
“Personal
degradation”
includes
the
taking,
transmission,
or
display
of
an
electronic
image
of
a
dependent
adult
by
a
caretaker,
where
the
caretaker’s
actions
constitute
a
willful
act
or
statement
intended
to
shame,
degrade,
humiliate,
or
otherwise
harm
the
personal
dignity
of
the
dependent
adult,
or
where
the
caretaker
knew
or
reasonably
should
have
known
the
act
would
cause
shame,
degradation,
humiliation,
or
harm
to
the
personal
dignity
of
a
reasonable
person.
“Personal
degradation”
does
not
include
the
taking,
transmission,
or
display
of
an
electronic
image
of
a
dependent
adult
for
the
purpose
of
reporting
dependent
adult
abuse
to
law
enforcement,
the
department,
or
other
regulatory
House
File
544,
p.
2
agency
that
oversees
caretakers
or
enforces
abuse
or
neglect
provisions,
or
for
the
purpose
of
treatment
or
diagnosis
or
as
part
of
an
ongoing
investigation.
“Personal
degradation”
also
does
not
include
the
taking,
transmission,
or
display
of
an
electronic
image
by
a
caretaker
in
accordance
with
the
facility’s
or
program’s
confidentiality
policy
and
release
of
information
or
consent
policies.
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
JACK
WHITVER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
544,
Eighty-seventh
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2017
______________________________
TERRY
E.
BRANSTAD
Governor