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Senate File 544 - IntroducedA Bill ForAn Act 1relating to mandatory child abuse and dependent adult
2abuse reporter training requirements.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 135.11, subsection 24, Code 2019, is
2amended by striking the subsection.
3 Sec. 2. Section 232.69, subsection 3, paragraph b, Code
42019, is amended to read as follows:
5b. A person required to make a report under subsection
61, other than a physician whose professional practice does
7not regularly involve providing primary health care to
8children, shall complete two hours of training relating to
9the identification and reporting of child abuse within six
10months of initial employment or self-employment involving the
11examination, attending, counseling, or treatment of children
12on a regular basis. Within one month of initial employment or
13self-employment, the person shall obtain a statement of the
14abuse reporting requirements from the person’s employer or, if
15self-employed, from the department. The person shall complete
16at least two hours of additional child abuse identification and
17reporting training every five three years.
18 Sec. 3. Section 232.69, subsection 3, paragraphs c and d,
19Code 2019, are amended by striking the paragraphs and inserting
20in lieu thereof the following:
21c. The core training curriculum relating to the
22identification and reporting of child abuse, as provided
23in paragraph “b”, shall be developed and provided by the
24department.
25d. An employer of a person required to make a report under
26subsection 1 may provide supplemental training, specific to
27identification and reporting of child abuse as it relates to
28the person’s professional practice, in addition to the core
29training provided by the department.
30 Sec. 4. Section 235B.16, subsection 5, paragraph b, Code
312019, is amended to read as follows:
32b. A person required to report cases of dependent adult
33abuse pursuant to sections 235B.3 and 235E.2, other than a
34physician whose professional practice does not regularly
35involve providing primary health care to adults, shall
-1-1complete two hours of training relating to the identification
2and reporting of dependent adult abuse within six months of
3initial employment or self-employment which involves the
4examination, attending, counseling, or treatment of adults
5on a regular basis. Within one month of initial employment
6or self-employment, the person shall obtain a statement of
7the abuse reporting requirements from the person’s employer
8or, if self-employed, from the department. The person shall
9complete at least two hours of additional dependent adult abuse
10identification and reporting training every five three years.
11 Sec. 5. Section 235B.16, subsection 5, paragraphs c and d,
12Code 2019, are amended by striking the paragraphs and inserting
13in lieu thereof the following:
14c. The core training curriculum relating to the
15identification and reporting of dependent adult abuse, as
16provided in paragraph “b”, shall be developed by the department
17pursuant to subsection 2 and provided by the department.
18d. An employer of a person required to report cases
19of dependent adult abuse pursuant to sections 235B.3 and
20235E.2 may provide supplemental training, specific to the
21identification and reporting of dependent adult abuse as it
22relates to the person’s professional practice, in addition to
23the core training provided by the department.
24 Sec. 6. Section 235B.16, subsection 5, paragraph e, Code
252019, is amended by striking the paragraph.
26 Sec. 7. TRANSITION PROVISIONS. A child abuse or dependent
27adult abuse training certificate relating to the identification
28and reporting of child abuse or dependent adult abuse issued
29prior to July 1, 2019, remains effective and continues in
30effect as issued for the five-year period following its
31issuance.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to mandatory child abuse and dependent
-2-1adult abuse reporter training.
2The bill strikes the requirement that the director of
3the department of public health review and approve mandatory
4reporter training curricula for employees who work in a
5position that classifies the employee as a mandatory reporter
6and the position classification does not have a mandatory
7reporter training curriculum approved by a licensing or
8examining board.
9The bill eliminates current law relating to mandatory
10dependent adult abuse training, including training for
11dependent adult abuse that occurs in facilities and programs,
12that provides that to the extent a hospital or similar
13public or private facility provides approved training on
14the employer’s premises, the hours of training completed by
15employees are included in the calculation of nursing or service
16hours required to be provided to a patient or resident per day.
17Current law provides that a hospital or similar institution,
18or a public or private institution, agency, or facility are
19responsible for providing mandatory reporter training to
20employees who are mandatory reporters of child abuse and
21dependent adult abuse. If a person who is deemed a mandatory
22reporter is self-employed, employed in a licensed or certified
23profession, or employed by a facility or program that is
24subject to licensure, regulation, or approval by a state
25agency, the person may complete the initial or additional
26training requirements through any of the following ways: a
27continuing education program required under Code chapter
28272C (relating to regulation of licensed professions and
29occupations); a training program using a curriculum approved by
30the director of public health pursuant to Code section 135.11
31(relating to the duties of the director of the department
32of public health); or a training program using an approved
33curriculum offered by the appropriate public agency.
34The bill strikes current law and requires the department
35of human services to develop curriculum and provide training
-3-1for all mandatory reporters of child abuse and dependent
2adult abuse, regardless of the manner in which the person is
3employed. Under the bill, an employer of a person required
4by law to make a report of child abuse or dependent adult
5abuse may provide supplemental child abuse and dependent adult
6abuse training, specific to the identification and reporting
7of child abuse or dependent adult abuse as it relates to
8the person’s professional practice, in addition to the core
9training provided by DHS. The bill increases the frequency of
10training for mandatory child abuse and dependent adult abuse
11reporters from once every five years to once every three years,
12and provides a transition provision for persons who received a
13child abuse or dependent adult abuse training certificate prior
14to July 1, 2019.
15Under current law, a person required to report both child
16abuse and dependent adult abuse may complete the requisite
17training through a combined training program. The bill strikes
18current law and requires such persons to complete separate
19child abuse training and dependent adult abuse training.
-4-hb/rh
2abuse reporter training requirements.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 135.11, subsection 24, Code 2019, is
2amended by striking the subsection.
3 Sec. 2. Section 232.69, subsection 3, paragraph b, Code
42019, is amended to read as follows:
5b. A person required to make a report under subsection
61, other than a physician whose professional practice does
7not regularly involve providing primary health care to
8children, shall complete two hours of training relating to
9the identification and reporting of child abuse within six
10months of initial employment or self-employment involving the
11examination, attending, counseling, or treatment of children
12on a regular basis. Within one month of initial employment or
13self-employment, the person shall obtain a statement of the
14abuse reporting requirements from the person’s employer or, if
15self-employed, from the department. The person shall complete
16at least two hours of additional child abuse identification and
17reporting training every five three years.
18 Sec. 3. Section 232.69, subsection 3, paragraphs c and d,
19Code 2019, are amended by striking the paragraphs and inserting
20in lieu thereof the following:
21c. The core training curriculum relating to the
22identification and reporting of child abuse, as provided
23in paragraph “b”, shall be developed and provided by the
24department.
25d. An employer of a person required to make a report under
26subsection 1 may provide supplemental training, specific to
27identification and reporting of child abuse as it relates to
28the person’s professional practice, in addition to the core
29training provided by the department.
30 Sec. 4. Section 235B.16, subsection 5, paragraph b, Code
312019, is amended to read as follows:
32b. A person required to report cases of dependent adult
33abuse pursuant to sections 235B.3 and 235E.2, other than a
34physician whose professional practice does not regularly
35involve providing primary health care to adults, shall
-1-1complete two hours of training relating to the identification
2and reporting of dependent adult abuse within six months of
3initial employment or self-employment which involves the
4examination, attending, counseling, or treatment of adults
5on a regular basis. Within one month of initial employment
6or self-employment, the person shall obtain a statement of
7the abuse reporting requirements from the person’s employer
8or, if self-employed, from the department. The person shall
9complete at least two hours of additional dependent adult abuse
10identification and reporting training every five three years.
11 Sec. 5. Section 235B.16, subsection 5, paragraphs c and d,
12Code 2019, are amended by striking the paragraphs and inserting
13in lieu thereof the following:
14c. The core training curriculum relating to the
15identification and reporting of dependent adult abuse, as
16provided in paragraph “b”, shall be developed by the department
17pursuant to subsection 2 and provided by the department.
18d. An employer of a person required to report cases
19of dependent adult abuse pursuant to sections 235B.3 and
20235E.2 may provide supplemental training, specific to the
21identification and reporting of dependent adult abuse as it
22relates to the person’s professional practice, in addition to
23the core training provided by the department.
24 Sec. 6. Section 235B.16, subsection 5, paragraph e, Code
252019, is amended by striking the paragraph.
26 Sec. 7. TRANSITION PROVISIONS. A child abuse or dependent
27adult abuse training certificate relating to the identification
28and reporting of child abuse or dependent adult abuse issued
29prior to July 1, 2019, remains effective and continues in
30effect as issued for the five-year period following its
31issuance.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to mandatory child abuse and dependent
-2-1adult abuse reporter training.
2The bill strikes the requirement that the director of
3the department of public health review and approve mandatory
4reporter training curricula for employees who work in a
5position that classifies the employee as a mandatory reporter
6and the position classification does not have a mandatory
7reporter training curriculum approved by a licensing or
8examining board.
9The bill eliminates current law relating to mandatory
10dependent adult abuse training, including training for
11dependent adult abuse that occurs in facilities and programs,
12that provides that to the extent a hospital or similar
13public or private facility provides approved training on
14the employer’s premises, the hours of training completed by
15employees are included in the calculation of nursing or service
16hours required to be provided to a patient or resident per day.
17Current law provides that a hospital or similar institution,
18or a public or private institution, agency, or facility are
19responsible for providing mandatory reporter training to
20employees who are mandatory reporters of child abuse and
21dependent adult abuse. If a person who is deemed a mandatory
22reporter is self-employed, employed in a licensed or certified
23profession, or employed by a facility or program that is
24subject to licensure, regulation, or approval by a state
25agency, the person may complete the initial or additional
26training requirements through any of the following ways: a
27continuing education program required under Code chapter
28272C (relating to regulation of licensed professions and
29occupations); a training program using a curriculum approved by
30the director of public health pursuant to Code section 135.11
31(relating to the duties of the director of the department
32of public health); or a training program using an approved
33curriculum offered by the appropriate public agency.
34The bill strikes current law and requires the department
35of human services to develop curriculum and provide training
-3-1for all mandatory reporters of child abuse and dependent
2adult abuse, regardless of the manner in which the person is
3employed. Under the bill, an employer of a person required
4by law to make a report of child abuse or dependent adult
5abuse may provide supplemental child abuse and dependent adult
6abuse training, specific to the identification and reporting
7of child abuse or dependent adult abuse as it relates to
8the person’s professional practice, in addition to the core
9training provided by DHS. The bill increases the frequency of
10training for mandatory child abuse and dependent adult abuse
11reporters from once every five years to once every three years,
12and provides a transition provision for persons who received a
13child abuse or dependent adult abuse training certificate prior
14to July 1, 2019.
15Under current law, a person required to report both child
16abuse and dependent adult abuse may complete the requisite
17training through a combined training program. The bill strikes
18current law and requires such persons to complete separate
19child abuse training and dependent adult abuse training.
-4-hb/rh