House File 731 - Introduced HOUSE FILE 731 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HF 538) A BILL FOR An Act relating to mandatory child abuse and dependent adult 1 abuse reporter training requirements. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2062HV (3) 88 hb/rh
H.F. 731 Section 1. Section 135.11, subsection 24, Code 2019, is 1 amended by striking the subsection. 2 Sec. 2. Section 232.69, subsection 3, paragraph b, Code 3 2019, is amended to read as follows: 4 b. A person required to make a report under subsection 5 1 , other than a physician whose professional practice does 6 not regularly involve providing primary health care to 7 children, shall complete two hours of training relating to 8 the identification and reporting of child abuse within six 9 months of initial employment or self-employment involving the 10 examination, attending, counseling, or treatment of children 11 on a regular basis. Within one month of initial employment 12 or self-employment, the person shall obtain a statement of 13 the abuse reporting requirements from the person’s employer 14 or, if self-employed, from the department. The person 15 shall complete at least two hours of additional child abuse 16 identification and reporting training every five three years. 17 If the person completes at least one hour of additional child 18 abuse identification and reporting training prior to the 19 three-year expiration period, the person shall be deemed in 20 compliance with the training requirements of this section for 21 an additional three years. 22 Sec. 3. Section 232.69, subsection 3, paragraphs c and d, 23 Code 2019, are amended by striking the paragraphs and inserting 24 in lieu thereof the following: 25 c. The core training curriculum relating to the 26 identification and reporting of child abuse, as provided 27 in paragraph “b” , shall be developed and provided by the 28 department. 29 d. An employer of a person required to make a report under 30 subsection 1 may provide supplemental training, specific to 31 identification and reporting of child abuse as it relates to 32 the person’s professional practice, in addition to the core 33 training provided by the department. 34 Sec. 4. Section 235B.16, subsection 5, paragraph b, Code 35 -1- LSB 2062HV (3) 88 hb/rh 1/ 4
H.F. 731 2019, is amended to read as follows: 1 b. A person required to report cases of dependent adult 2 abuse pursuant to sections 235B.3 and 235E.2 , other than a 3 physician whose professional practice does not regularly 4 involve providing primary health care to adults, shall 5 complete two hours of training relating to the identification 6 and reporting of dependent adult abuse within six months of 7 initial employment or self-employment which involves the 8 examination, attending, counseling, or treatment of adults 9 on a regular basis. Within one month of initial employment 10 or self-employment, the person shall obtain a statement of 11 the abuse reporting requirements from the person’s employer 12 or, if self-employed, from the department. The person shall 13 complete at least two hours of additional dependent adult 14 abuse identification and reporting training every five three 15 years. If the person completes at least one hour of additional 16 dependent adult abuse identification and reporting training 17 prior to the three-year expiration period, the person shall be 18 deemed in compliance with the training requirements of this 19 section for an additional three years. 20 Sec. 5. Section 235B.16, subsection 5, paragraphs c and d, 21 Code 2019, are amended by striking the paragraphs and inserting 22 in lieu thereof the following: 23 c. The core training curriculum relating to the 24 identification and reporting of dependent adult abuse, as 25 provided in paragraph “b” , shall be developed by the department 26 pursuant to subsection 2 and provided by the department. 27 d. An employer of a person required to report cases 28 of dependent adult abuse pursuant to sections 235B.3 and 29 235E.2 may provide supplemental training, specific to the 30 identification and reporting of dependent adult abuse as it 31 relates to the person’s professional practice, in addition to 32 the core training provided by the department. 33 Sec. 6. Section 235B.16, subsection 5, paragraph e, Code 34 2019, is amended by striking the paragraph. 35 -2- LSB 2062HV (3) 88 hb/rh 2/ 4
H.F. 731 Sec. 7. TRANSITION PROVISIONS. A child abuse or dependent 1 adult abuse training certificate relating to the identification 2 and reporting of child abuse or dependent adult abuse issued 3 prior to July 1, 2019, remains effective and continues in 4 effect as issued for the five-year period following its 5 issuance. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to mandatory child abuse and dependent 10 adult abuse reporter training. 11 The bill strikes the requirement that the director of 12 the department of public health review and approve mandatory 13 reporter training curricula for employees who work in a 14 position that classifies the employee as a mandatory reporter 15 and the position classification does not have a mandatory 16 reporter training curriculum approved by a licensing or 17 examining board. 18 The bill eliminates current law relating to mandatory 19 dependent adult abuse training, including training for 20 dependent adult abuse that occurs in facilities and programs, 21 that provides that to the extent a hospital or similar 22 public or private facility provides approved training on 23 the employer’s premises, the hours of training completed by 24 employees are included in the calculation of nursing or service 25 hours required to be provided to a patient or resident per day. 26 Current law provides that a hospital or similar institution, 27 or a public or private institution, agency, or facility are 28 responsible for providing mandatory reporter training to 29 employees who are mandatory reporters of child abuse and 30 dependent adult abuse. If a person who is deemed a mandatory 31 reporter is self-employed, employed in a licensed or certified 32 profession, or employed by a facility or program that is 33 subject to licensure, regulation, or approval by a state 34 agency, the person may complete the initial or additional 35 -3- LSB 2062HV (3) 88 hb/rh 3/ 4
H.F. 731 training requirements through any of the following ways: a 1 continuing education program required under Code chapter 2 272C (relating to regulation of licensed professions and 3 occupations); a training program using a curriculum approved by 4 the director of public health pursuant to Code section 135.11 5 (relating to the duties of the director of the department 6 of public health); or a training program using an approved 7 curriculum offered by the appropriate public agency. 8 The bill strikes current law and requires the department of 9 human services (DHS) to develop curriculum and provide training 10 for all mandatory reporters of child abuse and dependent 11 adult abuse, regardless of the manner in which the person is 12 employed. Under the bill, an employer of a person required by 13 law to make a report of child abuse or dependent adult abuse 14 may provide supplemental child abuse and dependent adult abuse 15 training, specific to the identification and reporting of child 16 abuse or dependent adult abuse as it relates to the person’s 17 professional practice, in addition to the core training 18 provided by DHS. The bill increases the frequency of training 19 for mandatory child abuse and dependent adult abuse reporters 20 from once every five years to once every three years, and 21 further provides that if the person completes at least one hour 22 of additional child abuse identification and reporting training 23 or one hour of additional dependent adult abuse identification 24 and reporting training prior to the three-year expiration 25 period, the person shall be deemed in compliance with the 26 training requirements for an additional three years. The bill 27 also provides a transition provision for persons who received a 28 child abuse or dependent adult abuse training certificate prior 29 to July 1, 2019. 30 Under current law, a person required to report both child 31 abuse and dependent adult abuse may complete the requisite 32 training through a combined training program. The bill strikes 33 current law and requires such persons to complete separate 34 child abuse training and dependent adult abuse training. 35 -4- LSB 2062HV (3) 88 hb/rh 4/ 4