House File 2638 - Introduced



                                   HOUSE FILE       
                                   BY  COMMITTEE ON HUMAN RESOURCES

                                   (SUCCESSOR TO HF 2436)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to dependent adult abuse registry and record
  2    check requirements and making a penalty applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6319HV 81
  5 jp/sh/8

PAG LIN



  1  1    Section 1.  Section 235B.3, subsection 2, Code 2005, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  i.  An employee or operator of a substance
  1  4 abuse program or facility licensed under chapter 125.
  1  5    Sec. 2.  Section 235B.6, subsection 2, paragraph c, Code
  1  6 Supplement 2005, is amended by adding the following new
  1  7 subparagraph:
  1  8    NEW SUBPARAGRAPH.  (9)  An employee or agent of the
  1  9 department authorized to conduct record checks pursuant to
  1 10 section 237A.5.
  1 11                           EXPLANATION
  1 12    This bill relates to dependent adult abuse registry and
  1 13 record check requirements.
  1 14    Code section 235B.3 is amended to include certain employees
  1 15 or operators of a licensed substance abuse program or facility
  1 16 in the list of mandatory reporters of dependent adult abuse.
  1 17 In order for the requirement for reporting of suspected abuse
  1 18 to the department of human services to be applicable, the
  1 19 employee or operator must, in the course of employment,
  1 20 examine, attend, counsel, or treat a dependent adult and
  1 21 reasonably believe the dependent adult has suffered abuse.
  1 22 Under current law, a mandatory reporter of dependent adult
  1 23 abuse who knowingly and willfully fails to report the abuse
  1 24 commits a simple misdemeanor and is civilly liable for the
  1 25 damages proximately caused by the failure.
  1 26    Code section 235B.6 is amended to allow an employee or
  1 27 agent of the department of human services authorized to
  1 28 conduct record checks for child care providers access to the
  1 29 dependent adult abuse registry.
  1 30 LSB 6319HV 81
  1 31 jp:nh/sh/8