House Study Bill 596 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING BILL) A BILL FOR An Act relating to certain powers and duties of the department 1 of inspections, appeals, and licensing including 2 confidentiality of information and records, and dependent 3 adult abuse, and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5406DP (18) 90 pf/ko

S.F. _____ H.F. _____ Section 1. Section 10A.105, subsection 5, Code 2024, is 1 amended to read as follows: 2 5. If information in the possession of the department 3 indicates that a criminal or regulatory offense may have been 4 committed, the information may be reported to the appropriate 5 criminal justice or regulatory agency. 6 Sec. 2. Section 235E.1, subsection 5, paragraph a, 7 subparagraphs (2) and (3), Code 2024, are amended to read as 8 follows: 9 (2) Sexual exploitation of a dependent adult by a caretaker 10 whether within a facility or program or at a location outside 11 of a facility or program. “Sexual exploitation” means any 12 consensual or nonconsensual sexual conduct with a dependent 13 adult which includes but is not limited to kissing; touching 14 of the clothed or unclothed breast, groin, buttock, anus, 15 pubes, or genitals; or a sex act, as defined in section 702.17 . 16 “Sexual exploitation” includes the transmission, display, 17 taking of electronic images of the unclothed breast, groin, 18 buttock, anus, pubes, or genitals of a dependent adult by a 19 caretaker for a purpose not related to treatment or diagnosis 20 or as part of an ongoing evaluation or investigation. “Sexual 21 exploitation” does not include touching which is part of a 22 necessary examination, treatment, or care by a caretaker 23 acting within the scope of the practice or employment of the 24 caretaker; the exchange of a brief touch or hug between the 25 dependent adult and a caretaker for the purpose of reassurance, 26 comfort, or casual friendship; or touching between spouses or 27 domestic partners in an intimate relationship. 28 (3) Personal degradation of a dependent adult. “Personal 29 degradation” means a willful act or statement by a caretaker 30 intended to shame, degrade, humiliate, or otherwise harm the 31 personal dignity of a dependent adult, or where the caretaker 32 knew or reasonably should have known the act or statement would 33 cause shame, degradation, humiliation, or harm to the personal 34 dignity of a reasonable person. “Personal degradation” includes 35 -1- LSB 5406DP (18) 90 pf/ko 1/ 9

S.F. _____ H.F. _____ the taking, transmission, or display of an electronic image of 1 a dependent adult by a caretaker, where the caretaker’s actions 2 constitute a willful act or statement intended to shame, 3 degrade, humiliate, or otherwise harm the personal dignity of 4 the dependent adult, or where the caretaker knew or reasonably 5 should have known the act would cause shame, degradation, 6 humiliation, or harm to the personal dignity of a reasonable 7 person. “Personal degradation” does not include the taking, 8 transmission, or display of an electronic image of a dependent 9 adult for the purpose of reporting dependent adult abuse to law 10 enforcement, the department, or other regulatory agency that 11 oversees caretakers or enforces abuse or neglect provisions, 12 or for the purpose of treatment or diagnosis or as part of an 13 ongoing evaluation or investigation. “Personal degradation” 14 also does not include the taking, transmission, or display 15 of an electronic image by a caretaker in accordance with the 16 facility’s or program’s confidentiality policy and release of 17 information or consent policies. 18 Sec. 3. Section 235E.2, subsection 3, paragraph a, Code 19 2024, is amended to read as follows: 20 a. If a staff member or employee is required to make a 21 report pursuant to this section , the staff member or employee 22 shall immediately notify the person in charge or the person’s 23 designated agent who shall then notify the department within 24 twenty-four hours of such notification. If the person in 25 charge is the alleged perpetrator of dependent adult abuser 26 abuse , the staff member shall directly report the abuse to the 27 department within twenty-four hours. 28 Sec. 4. Section 235E.2, subsection 5, Code 2024, is amended 29 to read as follows: 30 5. Any other person who believes that a dependent adult 31 has suffered dependent adult abuse may report the suspected 32 dependent adult abuse to the department of inspections, 33 appeals, and licensing . The department of inspections, 34 appeals, and licensing shall transfer any reports received 35 -2- LSB 5406DP (18) 90 pf/ko 2/ 9

S.F. _____ H.F. _____ of dependent adult abuse in the community to the department 1 of health and human services. The department of health and 2 human services shall transfer any reports received of dependent 3 adult abuse in facilities or programs to the department of 4 inspections, appeals, and licensing . 5 Sec. 5. Section 235E.2, subsection 6, unnumbered paragraph 6 1, Code 2024, is amended to read as follows: 7 The department shall inform the appropriate county attorneys 8 attorney of any reports report of dependent adult abuse. The 9 department may provide the county attorney, other appropriate 10 law enforcement agencies, and appropriate licensing boards with 11 the department’s evaluation materials and findings related to a 12 report of dependent adult abuse. The department may request 13 information from any person believed to have knowledge of a 14 case of dependent adult abuse. The person, including but not 15 limited to a county attorney, a law enforcement agency, a 16 multidisciplinary team, a social services agency in the state, 17 or any person who is required pursuant to subsection 2 to 18 report dependent adult abuse, whether or not the person made 19 the specific dependent adult abuse report, shall cooperate and 20 assist in the evaluation upon the request of the department. 21 If the department’s assessment reveals that dependent adult 22 abuse exists which might constitute a criminal offense, a 23 report shall be made to the appropriate law enforcement agency. 24 County attorneys and appropriate law enforcement agencies shall 25 also take any other lawful action necessary or advisable for 26 the protection of the dependent adult. 27 Sec. 6. Section 235E.2, subsection 6, paragraphs a and b, 28 Code 2024, are amended to read as follows: 29 a. If, upon completion of an investigation of a report 30 of dependent adult abuse , the department determines that the 31 best interests of the dependent adult require court action, 32 the department shall notify the department of health and human 33 services of the potential need for a guardian or conservator or 34 for admission or commitment to an appropriate institution or 35 -3- LSB 5406DP (18) 90 pf/ko 3/ 9

S.F. _____ H.F. _____ facility pursuant to the applicable procedures under chapter 1 125 , 222 , 229 , or 633 , or shall pursue other remedies provided 2 by law. The appropriate county attorney shall assist the 3 department of health and human services in the preparation of 4 the necessary papers to initiate the action and shall appear 5 and represent the department of health and human services at 6 all district court proceedings. 7 b. Investigators Inspectors within the department shall be 8 specially trained to investigate cases of dependent adult abuse 9 including but not limited to cases involving gerontological, 10 dementia, and wound care issues. 11 Sec. 7. Section 235E.2, subsections 7, 8, 10, 11, 12, and 12 13, Code 2024, are amended to read as follows: 13 7. A person participating in good faith in reporting or 14 cooperating with or assisting the department in evaluating 15 a report or investigating a case of dependent adult abuse 16 has immunity from liability, civil or criminal, which might 17 otherwise be incurred or imposed based upon the act of making 18 the report or giving the assistance. The person has the same 19 immunity with respect to participating in good faith in a 20 judicial proceeding resulting from the report, cooperation, or 21 assistance or relating to the subject matter of the report, 22 cooperation, or assistance. 23 8. It shall be unlawful for any person or employer to 24 discharge, suspend, or otherwise discipline a person required 25 to report or voluntarily reporting an instance of suspected 26 dependent adult abuse pursuant to subsection 2 or 5 , or 27 cooperating with, or assisting the department in evaluating a 28 report or investigating a case of dependent adult abuse, or 29 participating in judicial proceedings relating to the reporting 30 or cooperation or assistance based solely upon the person’s 31 reporting or assistance relative to the instance of dependent 32 adult abuse. A person or employer found in violation of this 33 subsection is guilty of a simple misdemeanor. 34 10. a. The department shall adopt rules which require 35 -4- LSB 5406DP (18) 90 pf/ko 4/ 9

S.F. _____ H.F. _____ facilities and programs to separate an alleged perpetrator of 1 dependent adult abuser abuse from a victim following the report 2 of an allegation of perpetration of dependent adult abuse and 3 prior to the completion of an investigation of the allegation 4 report by the department . 5 b. Independent of the department’s investigation of 6 the report , the facility or program employing the alleged 7 perpetrator of dependent adult abuser abuse shall conduct 8 an investigation of the alleged dependent adult abuse and 9 determine what, if any, employment action should be taken 10 including but not limited to placing the alleged perpetrator 11 of dependent adult abuser abuse on administrative leave or 12 reassigning or terminating the alleged perpetrator of dependent 13 adult abuser abuse as a result of the investigation by the 14 facility or program. 15 c. If the facility or program terminates the alleged 16 perpetrator of dependent adult abuser abuse as a result of 17 the investigation by the facility or program or the alleged 18 dependent adult abuser resigns , the alleged perpetrator of 19 dependent adult abuser abuse shall disclose such termination or 20 investigation to any prospective facility or program employer. 21 An alleged perpetrator of dependent adult abuser abuse who 22 fails to disclose such termination or investigation is guilty 23 of a simple misdemeanor. 24 11. Upon receiving notice from a credible source, the 25 department shall may notify a facility or program that 26 subsequently employs a perpetrator of founded dependent adult 27 abuser abuse when the notice of investigative findings has been 28 issued. Such notification shall occur prior to the completion 29 of an investigation that is founded for dependent adult abuse. 30 12. a. An inspector of the department may enter any 31 facility or program without a warrant and may examine all 32 records pertaining to residents, employees, former employees, 33 and the alleged perpetrator of dependent adult abuser abuse . 34 b. If upon entry, the inspector has knowledge of or learns 35 -5- LSB 5406DP (18) 90 pf/ko 5/ 9

S.F. _____ H.F. _____ during the course of an investigation of a report that alleged 1 dependent adult abuse is suspected or is being investigated 2 by the facility or program , the inspector shall inform the 3 facility or program that the inspector is investigating a 4 report of an alleged case of dependent adult abuse. 5 c. An inspector of the department may contact or interview 6 any resident, employee, former employee, or any other person 7 who might may have knowledge about the alleged dependent 8 adult abuse. Prior to the interview, the department shall 9 provide written notification to the person under investigation 10 for alleged perpetrator of dependent adult abuse that . The 11 notification shall include all of the following information: 12 (1) That the person is under investigation for dependent 13 adult abuse, the subject of a report of dependent adult abuse 14 being investigated by the department. 15 (2) The nature of the abuse being investigated , the . 16 (3) The possible civil administrative consequences of 17 founded abuse , the . 18 (4) The requirement that the department forward a report 19 to law enforcement if the department’s investigation reveals a 20 potential criminal offense , that . 21 (5) That the person has the right to retain legal counsel 22 at the person’s expense and may choose to have legal counsel, 23 union representation, or any other desired representative 24 employed by the facility present during the interview , and the 25 fact that . 26 (6) That the person has the right to decline to be 27 interviewed or to terminate an interview at any time. 28 d. The person under investigation who is the subject of 29 the report shall inform the department of the representatives 30 desired the person wants to be have present during the 31 interview and not delay the interview by more than five working 32 days to make arrangements for the person’s representatives to 33 be present at the interview. 34 e. Any employer representative shall be informed of the 35 -6- LSB 5406DP (18) 90 pf/ko 6/ 9

S.F. _____ H.F. _____ requirement to maintain strict confidentiality and of the 1 prohibition against redissemination of such information 2 pursuant to chapter 235B . At 3 f. During the interview, the department shall request and 4 the alleged perpetrator of dependent adult abuser abuse shall 5 provide the alleged dependent adult abuser’s perpetrator’s most 6 current contact information to facilitate provision of the 7 findings of the investigation to the alleged dependent adult 8 abuser perpetrator . 9 g. An inspector may take or cause to be taken photographs 10 of the dependent adult abuse victim and the vicinity involved. 11 The department shall obtain consent from the dependent adult 12 abuse victim or guardian or other person with a power of 13 attorney over the dependent adult abuse victim prior to taking 14 photographs of the dependent adult abuse victim. 15 13. a. Notwithstanding section 235B.6 and chapter 22 , 16 an employee organization or union representative may observe 17 an investigative interview conducted by the department of an 18 alleged perpetrator of dependent adult abuser abuse if all of 19 the following conditions are met: 20 (1) The alleged perpetrator of dependent adult abuser abuse 21 is part of a bargaining unit that is party to a collective 22 bargaining agreement under chapter 20 or any other applicable 23 state or federal law. 24 (2) The alleged perpetrator of dependent adult abuser abuse 25 requests the presence of an employee organization or union 26 representative. 27 (3) The employee organization or union representative 28 maintains the confidentiality of all information from the 29 interview subject to the penalties provided in section 235B.12 30 if such confidentiality is breached. 31 b. This subsection shall only apply to interviews conducted 32 pursuant to this chapter . This subsection does not apply to 33 interviews conducted pursuant to the regulatory activities of 34 chapter 135B , 135C , 231B , 231C , or 231D , or any other state or 35 -7- LSB 5406DP (18) 90 pf/ko 7/ 9

S.F. _____ H.F. _____ federal law. 1 Sec. 8. Section 726.26, subsection 1, Code 2024, is amended 2 to read as follows: 3 1. For the purposes of this section , “caretaker” , “dependent 4 adult” , and “dependent adult abuse” mean the same as defined in 5 section 235B.2 or section 235E.1, as applicable . 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 certain powers and duties of the 10 department of inspections, appeals, and licensing (DIAL) 11 including confidentiality of information and records, and 12 dependent adult abuse. 13 The bill amends Code section 10A.105(5), relating to 14 confidentiality of information produced, collected, maintained, 15 or in the possession of DIAL. Code section 10A.105(5) provides 16 that if information in the possession of DIAL indicates that a 17 criminal offense may have been committed, the information may 18 be reported to the appropriate criminal justice or regulatory 19 agency. The bill amends this provision by including that if 20 the information alternatively indicates that a regulatory 21 offense may have been committed, the information may be 22 reported to the appropriate criminal justice or regulatory 23 agency. 24 Code section 235E.2(6) (unnumbered paragraph 1) is amended 25 to provide that DIAL may provide the county attorney, other 26 appropriate law enforcement agencies, and appropriate licensing 27 boards with the department’s evaluation materials and findings 28 related to a report of dependent adult abuse. 29 Code section 235E.2(11) provides that DIAL, upon receiving 30 notice from a credible source, shall notify a facility or 31 program that subsequently employs a dependent adult abuser 32 when notice of investigative findings has been issued and 33 that such notification shall occur prior to the completion of 34 an investigation that is founded for dependent adult abuse. 35 -8- LSB 5406DP (18) 90 pf/ko 8/ 9

S.F. _____ H.F. _____ The bill amends the Code subsection to provide that upon 1 receiving notice from a credible source, DIAL may notify a 2 facility or program that subsequently employs a perpetrator of 3 founded dependent adult abuse when the notice of investigative 4 findings has been issued, and eliminates the requirement that 5 the notification shall occur prior to the completion of the 6 investigation that is founded for dependent adult abuse. 7 Prior to 2022, Code section 235B.20, relating to criminal 8 penalties for dependent adult abuse was located in Code 9 chapter 235B (dependent adult abuse services —— information 10 registry). In 2022, this Code section was relocated to 11 the criminal law and procedure title of the Code in Code 12 section 726.26, in proximity to other penalties for crimes 13 against dependent adults, older individuals, and residents 14 of health care facilities. Code section 726.26(1) defines 15 “caretaker”, “dependent adult”, and “dependent adult abuse” 16 to be the same as defined in Code section 235B.2. Because 17 Code section 726.26(1) applies to both Code chapter 235B, 18 relating to dependent adult abuse outside of facilities and 19 programs, and Code chapter 235E, relating to dependent adult 20 abuse in facilities and programs, and because the three terms 21 are defined differently under each respective Code chapter, 22 the bill amends Code section 726.26(1) to provide that the 23 terms are as defined in Code section 235B.2 or in Code section 24 235E.1, as applicable. 25 The bill also makes conforming changes throughout Code 26 chapter 235E including by changing the term “alleged dependent 27 adult abuser” to “alleged perpetrator of dependent adult 28 abuse”. 29 -9- LSB 5406DP (18) 90 pf/ko 9/ 9