House File 2427 - Introduced HOUSE FILE 2427 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HSB 517) A BILL FOR An Act relating to access to certain child abuse and dependent 1 adult abuse information by free clinics, and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5500HV (4) 87 hb/rh

H.F. 2427 Section 1. NEW SECTION . 135.24A Free clinics —— volunteer 1 record check. 2 1. For purposes of this section, “free clinic” means a free 3 clinic as defined in section 135.24 that is also a network 4 of free clinics in this state that offers operational and 5 collaborative opportunities to free clinics. 6 2. Persons who are potential volunteers or volunteers in 7 a free clinic in a position having direct individual contact 8 with patients of the free clinic shall be subject to criminal 9 history and child and dependent adult abuse record checks in 10 accordance with this section. The free clinic shall request 11 that the department of public safety perform the criminal 12 history check and the department of human services perform 13 child and dependent adult abuse record checks of the person in 14 this state and may request these checks in other states. 15 3. A free clinic subject to this section shall establish 16 an evaluation process to determine whether a crime of founded 17 child or dependent adult abuse warrants prohibition of the 18 person’s participation as a volunteer in the free clinic. 19 The evaluation process shall not be less stringent than 20 the evaluation process performed by the department of human 21 services and shall be approved by the department of human 22 services. 23 Sec. 2. Section 235A.15, subsection 2, paragraph e, Code 24 2018, is amended by adding the following new subparagraph: 25 NEW SUBPARAGRAPH . (25) To a free clinic as defined in 26 section 135.24A for purposes of record checks of potential 27 volunteers and existing volunteers at the free clinic. 28 Sec. 3. Section 235B.6, subsection 2, paragraph e, Code 29 2018, is amended by adding the following new subparagraph: 30 NEW SUBPARAGRAPH . (19) To a free clinic as defined in 31 section 135.24A for purposes of record checks of potential 32 volunteers and existing volunteers at the free clinic. 33 Sec. 4. Section 235B.7, subsection 2, Code 2018, is amended 34 to read as follows: 35 -1- LSB 5500HV (4) 87 hb/rh 1/ 3

H.F. 2427 2. a. Requests for dependent adult abuse information may 1 be made orally by telephone if a person making the request 2 believes that the information is needed immediately and if 3 information sufficient to demonstrate authorized access is 4 provided. If a request is made orally by telephone, a written 5 request form shall be filed within seventy-two hours of the 6 oral request. 7 b. The department of inspections and appeals may provide 8 access to the single contact repository established under 9 section 135C.33, subsection 7, for criminal and abuse history 10 checks made by those employers, agencies, and other persons 11 that are authorized access to dependent adult abuse information 12 under section 235B.6 and are required by law to perform such 13 checks. 14 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate 15 importance, takes effect upon enactment. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to access to certain child abuse and 20 dependent adult abuse information by free clinics. 21 The bill provides that persons who are potential volunteers 22 or volunteers in a free clinic in a position with direct 23 individual contact with patients of the free clinic shall be 24 subject to certain record checks. The bill requires a free 25 clinic to request that the department of public safety perform 26 criminal history checks and the department of human services 27 perform child and dependent adult abuse record checks and may 28 request such record checks in other states on such volunteers. 29 The bill requires the free clinic to establish an evaluation 30 process to determine whether a crime of founded child or 31 dependent adult abuse warrants prohibition of the person’s 32 participation as a volunteer in the free clinic. The bill 33 provides the evaluation process shall not be less stringent 34 than the evaluation process performed by the department of 35 -2- LSB 5500HV (4) 87 hb/rh 2/ 3

H.F. 2427 human services and shall be approved by the department of human 1 services. The bill defines a free clinic as a free clinic 2 defined in Code section 135.24 that is also a network of free 3 clinics in this state that offers operational and collaborative 4 opportunities to free clinics. 5 Code section 235A.15, relating to access to child abuse 6 information in the central child abuse registry, is amended 7 to authorize free clinics to have access to report data and 8 disposition data for cases of founded child abuse for purposes 9 of potential and existing volunteer record checks. The bill 10 amends Code section 235B.6, relating to access to dependent 11 adult abuse information in the central dependent adult abuse 12 registry, to authorize free clinics to have access to dependent 13 adult abuse information, other than unfounded information, for 14 the same purpose. 15 The bill provides the department of inspections and appeals 16 may provide access to the single contact repository for 17 criminal and abuse history checks made by employers, agencies, 18 and other persons that are authorized access to dependent adult 19 abuse information and are required by law to perform such 20 checks. 21 The bill takes effect upon enactment. 22 -3- LSB 5500HV (4) 87 hb/rh 3/ 3