S.F. 2225 Section 1. Section 232.73, unnumbered paragraph 2, Code 1 2011, is amended to read as follows: 2 As used in this section and in sections 232.73A, 232.77 , and 3 232.78 , “medically relevant test” means a test that produces 4 reliable results of exposure to cocaine, heroin, amphetamine, 5 methamphetamine, or other illegal drugs, or combinations or 6 derivatives of the illegal drugs, including a drug urine screen 7 test. 8 Sec. 2. NEW SECTION . 232.73A Retaliation prohibited —— 9 remedy. 10 1. a. An employer shall not take retaliatory action against 11 an employee as a reprisal for the employee’s participation in 12 good faith in making a report, photograph, or X ray, or in 13 the performance of a medically relevant test pursuant to this 14 chapter, or aiding and assisting in an assessment of a child 15 abuse report pursuant to section 232.71B. This section does 16 not apply to a disclosure of information that is prohibited by 17 statute. 18 b. For purposes of this section, “retaliatory action” 19 includes but is not limited to an employer’s action to 20 discharge an employee or to take or fail to take action 21 regarding an employee’s appointment or proposed appointment 22 to, to take or fail to take action regarding an employee’s 23 promotion or proposed promotion to, or to fail to provide an 24 advantage in a position in employment. 25 2. Subsection 1 may be enforced through a civil action. 26 a. A person who violates subsection 1 is liable to 27 an aggrieved employee for affirmative relief including 28 reinstatement, with or without back pay, or any other equitable 29 relief the court deems appropriate, including attorney fees and 30 costs. 31 b. When a person commits, is committing, or proposes to 32 commit an act in violation of subsection 1, an injunction may 33 be granted through an action in district court to prohibit the 34 person from continuing such acts. The action for injunctive 35 -1- LSB 5485SV (3) 84 ad/nh 1/ 5

S.F. 2225 relief may be brought by an aggrieved employee or the county 1 attorney. 2 Sec. 3. Section 260C.14, Code 2011, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 23. Develop and implement a consistent 5 written policy for an employee who in the scope of the person’s 6 employment responsibilities examines, attends, counsels, 7 or takes a child to report suspected physical or sexual 8 abuse. The policy shall include an employee’s reporting 9 responsibilities. The reporting responsibilities shall 10 designate the time, circumstances, and method for reporting 11 suspected child abuse to the community college’s administration 12 and reporting to law enforcement. Nothing in the policy shall 13 prohibit an employee from reporting suspected child abuse in 14 good faith to law enforcement. 15 Sec. 4. Section 261.9, subsection 1, unnumbered paragraph 16 1, Code Supplement 2011, is amended to read as follows: 17 “Accredited private institution” means an institution of 18 higher learning located in Iowa which is operated privately 19 and not controlled or administered by any state agency or 20 any subdivision of the state and which meets the criteria in 21 paragraphs “a” and “b” and all of the criteria in paragraphs “d” 22 through “g” “h” , except that institutions defined in paragraph 23 “c” of this subsection are exempt from the requirements of 24 paragraphs “a” and “b” : 25 Sec. 5. Section 261.9, subsection 1, Code Supplement 2011, 26 is amended by adding the following new paragraph: 27 NEW PARAGRAPH . h. Develops and implements a consistent 28 written policy for an employee who in the scope of the person’s 29 employment responsibilities examines, attends, counsels, 30 or treats a child to report suspected physical or sexual 31 abuse. The policy shall include an employee’s reporting 32 responsibilities. The reporting responsibilities shall 33 designate the time, circumstances, and method for reporting 34 suspected child abuse to the accredited private institution’s 35 -2- LSB 5485SV (3) 84 ad/nh 2/ 5

S.F. 2225 administration and reporting to law enforcement. Nothing in 1 the policy shall prohibit an employee from reporting suspected 2 child abuse in good faith to law enforcement. 3 Sec. 6. Section 262.9, Code Supplement 2011, is amended by 4 adding the following new subsection: 5 NEW SUBSECTION . 36. Develop and implement a consistent 6 written policy for an employee who in the scope of the person’s 7 employment responsibilities examines, attends, counsels, 8 or treats a child to report suspected physical or sexual 9 abuse. The policy shall include an employee’s reporting 10 responsibilities. The reporting responsibilities shall 11 designate the time, circumstances, and method for reporting 12 suspected child abuse to the administration of the institution 13 of higher learning and reporting to law enforcement. Nothing 14 in the policy shall prohibit an employee from reporting 15 suspected child abuse in good faith to law enforcement. 16 Sec. 7. MANDATORY CHILD ABUSE REPORTER TRAINING —— 17 COMMITTEE REVIEW. 18 1. A stakeholder committee shall be convened and staffed 19 by the department of public health to review the training 20 resources for mandatory reporters of child abuse. The review 21 shall address the current training resources and identify 22 options for increasing the frequency of the training and the 23 availability of profession-specific training and for enhancing 24 the effectiveness and quality of the training. The results 25 of the review, including findings, recommendations, and cost 26 projections, shall be submitted to the governor and general 27 assembly on or before December 15, 2012. 28 2. The membership of the committee shall consist of 29 stakeholders involved with the child protection system and 30 representatives of the professions that are mandatory reporters 31 of child abuse. The members shall be appointed, five members 32 each, by the chairpersons of the committees on human resources 33 of the senate and the house of representatives, in consultation 34 with the ranking members of the committees. In addition, four 35 -3- LSB 5485SV (3) 84 ad/nh 3/ 5

S.F. 2225 members of the general assembly shall be appointed to serve in 1 an ex officio, nonvoting capacity. The legislative members 2 shall be selected, one member each, by the majority leader of 3 the senate, the minority leader of the senate, the speaker of 4 the house of representatives, and the minority leader of the 5 house of representatives. 6 EXPLANATION 7 This bill relates to abuse of children by prohibiting 8 retaliation for reporting, providing for implementation of 9 reporting policies at postsecondary institutions, and requiring 10 review of training requirements. New Code section 232.73A 11 prohibits an employer from taking retaliatory action, as 12 defined in the bill, against an employee as a reprisal for 13 the employee’s participation in good faith in making a child 14 abuse report, photograph, or X ray, or in the performance 15 of a medically relevant test, or aiding and assisting in an 16 assessment of a child abuse report pursuant to Code section 17 232.71B. The retaliation prohibition does not apply when 18 the disclosure of information is prohibited by statute. 19 The bill provides that the retaliation prohibition may be 20 enforced through civil action. A person who violates the 21 retaliation prohibition is liable to an aggrieved employee and 22 if the person commits, is committing, or proposes to commit a 23 prohibited retaliation, an injunction may be granted. The bill 24 makes conforming amendments. 25 The bill requires the boards of directors for community 26 colleges, accredited private institutions of higher learning, 27 and the board of regents for institutions of higher learning 28 to develop and implement a consistent written policy for 29 an employee who, in the scope of the person’s employment 30 responsibilities, examines, attends, counsels, or treats a 31 child to report suspected physical or sexual abuse. The policy 32 must include an employee’s responsibilities, including the 33 time, circumstances, and method for reporting suspected child 34 abuse to the postsecondary institution’s administration and 35 -4- LSB 5485SV (3) 84 ad/nh 4/ 5

S.F. 2225 law enforcement. The bill states that the policy shall not 1 prohibit an employee from reporting suspected child abuse in 2 good faith to law enforcement. 3 The bill requires a stakeholder committee, convened by the 4 department of public health, to review the training resources 5 for mandatory reporters of child abuse. The bill requires 6 the results of the review to be submitted to the governor and 7 general assembly on or before December 15, 2012. 8 -5- LSB 5485SV (3) 84 ad/nh 5/ 5