Senate
File
420
-
Introduced
SENATE
FILE
420
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SSB
1099)
A
BILL
FOR
An
Act
including
personal
degradation
as
a
form
of
dependent
1
adult
abuse
by
caretakers
in
facilities
and
programs
2
regulated
by
the
department
of
inspections
and
appeals,
and
3
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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S.F.
420
Section
1.
Section
235E.1,
subsection
5,
paragraph
a,
Code
1
2017,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(3)
Personal
degradation
of
a
dependent
3
adult.
“Personal
degradation”
means
a
willful
act
or
statement
4
by
a
caretaker
intended
to
shame,
degrade,
humiliate,
or
5
otherwise
harm
the
personal
dignity
of
a
dependent
adult,
or
6
where
the
caretaker
knew
or
reasonably
should
have
known
the
7
act
or
statement
would
cause
shame,
degradation,
humiliation,
8
or
harm
to
the
personal
dignity
of
a
reasonable
person.
9
“Personal
degradation”
includes
the
taking,
transmission,
10
or
display
of
an
electronic
image
of
a
dependent
adult
by
a
11
caretaker,
where
the
caretaker’s
actions
constitute
a
willful
12
act
or
statement
intended
to
shame,
degrade,
humiliate,
or
13
otherwise
harm
the
personal
dignity
of
the
dependent
adult,
or
14
where
the
caretaker
knew
or
reasonably
should
have
known
the
15
act
would
cause
shame,
degradation,
humiliation,
or
harm
to
the
16
personal
dignity
of
a
reasonable
person.
“Personal
degradation”
17
does
not
include
the
taking,
transmission,
or
display
of
18
an
electronic
image
of
a
dependent
adult
for
the
purpose
19
of
reporting
dependent
adult
abuse
to
law
enforcement,
the
20
department,
or
other
regulatory
agency
that
oversees
caretakers
21
or
enforces
abuse
or
neglect
provisions,
or
for
the
purpose
of
22
treatment
or
diagnosis
or
as
part
of
an
ongoing
investigation.
23
“Personal
degradation”
also
does
not
include
the
taking,
24
transmission,
or
display
of
an
electronic
image
by
a
caretaker
25
in
accordance
with
the
facility’s
or
program’s
confidentiality
26
policy
and
release
of
information
or
consent
policies.
27
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
28
immediate
importance,
takes
effect
upon
enactment.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
includes
personal
degradation
as
a
form
of
33
dependent
adult
abuse
by
caretakers
in
facilities
and
34
programs
regulated
by
the
department
of
inspections
and
35
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420
appeals.
The
bill
provides
that
personal
degradation
is
a
1
willful
act
or
statement
by
a
caretaker
in
a
facility
or
2
program
that
is
intended
to
shame,
degrade,
humiliate,
or
3
otherwise
harm
the
dependent
adult’s
personal
dignity;
or
a
4
willful
act
or
statement
by
a
caretaker
where
the
caretaker
5
reasonably
should
have
known
the
act
or
statement
would
6
shame,
degrade,
humiliate,
or
otherwise
harm
the
dependent
7
adult’s
personal
dignity.
Personal
degradation
includes
the
8
taking,
transmitting,
or
displaying
of
an
electronic
image
9
of
a
dependent
adult
by
a
caretaker,
where
the
caretaker
10
intended
to
cause
or
should
have
known
such
act
would
cause
11
shame,
degradation,
or
humiliation,
or
otherwise
harm
the
12
personal
dignity
of
the
dependent
adult.
The
bill
creates
an
13
exception
for
electronic
images
that
are
taken,
transmitted,
or
14
displayed
for
the
purposes
of
treatment,
diagnosis,
or
ongoing
15
investigation.
The
bill
provides
personal
degradation
does
16
not
occur
when
a
caretaker
takes,
transmits,
or
displays
an
17
electronic
image
in
accordance
with
the
facility’s
or
program’s
18
release
of
information
or
consent
policies.
19
The
bill
takes
effect
upon
enactment.
20
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