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Senate Study Bill 1099 - IntroducedA Bill ForAn Act 1including personal degradation as a form of dependent
2adult abuse by caretakers in facilities and programs
3regulated by the department of inspections and appeals.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235E.1, subsection 5, paragraph a, Code
22017, is amended by adding the following new subparagraph:
3 NEW SUBPARAGRAPH. (3) Personal degradation of a dependent
4adult. “Personal degradation” means a willful act or statement
5by a caretaker intended to shame, degrade, humiliate, or
6otherwise harm the personal dignity of a dependent adult, or
7where the caretaker knew or reasonably should have known the
8act or statement would cause shame, degradation, humiliation,
9or harm to the personal dignity of a reasonable person.
10“Personal degradation” includes the taking, transmission,
11or display of an electronic image of a dependent adult by a
12caretaker, where the caretaker’s actions constitute a willful
13act or statement intended to shame, degrade, humiliate, or
14otherwise harm the personal dignity of the dependent adult, or
15where the caretaker knew or reasonably should have known the
16act would cause shame, degradation, humiliation, or harm to the
17personal dignity of a reasonable person. “Personal degradation”
18does not include the taking, transmission, or display of
19an electronic image of a dependent adult for the purpose
20of reporting dependent adult abuse to law enforcement, the
21department, or other regulatory agency that oversees caretakers
22or enforces abuse or neglect provisions, or for the purpose of
23treatment or diagnosis or as part of an ongoing investigation.
24“Personal degradation” also does not include the taking,
25transmission, or display of an electronic image by a caretaker
26in accordance with the facility’s or program’s confidentiality
27policy and release of information or consent policies.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill includes personal degradation as a form of
32dependent adult abuse by caretakers in facilities and
33programs regulated by the department of inspections and
34appeals. The bill provides that personal degradation is a
35willful act or statement by a caretaker in a facility or
-1-1program that is intended to shame, degrade, humiliate, or
2otherwise harm the dependent adult’s personal dignity; or a
3willful act or statement by a caretaker where the caretaker
4reasonably should have known the act or statement would
5shame, degrade, humiliate, or otherwise harm the dependent
6adult’s personal dignity. Personal degradation includes the
7taking, transmitting, or displaying of an electronic image
8of a dependent adult by a caretaker, where the caretaker
9intended to cause or should have known such act would cause
10shame, degradation, or humiliation, or otherwise harm the
11personal dignity of the dependent adult. The bill creates an
12exception for electronic images that are taken, transmitted, or
13displayed for the purposes of treatment, diagnosis, or ongoing
14investigation. The bill provides personal degradation does
15not occur when a caretaker takes, transmits, or displays an
16electronic image in accordance with the facility’s or program’s
17release of information or consent policies.
-2-hb/nh/rh
2adult abuse by caretakers in facilities and programs
3regulated by the department of inspections and appeals.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235E.1, subsection 5, paragraph a, Code
22017, is amended by adding the following new subparagraph:
3 NEW SUBPARAGRAPH. (3) Personal degradation of a dependent
4adult. “Personal degradation” means a willful act or statement
5by a caretaker intended to shame, degrade, humiliate, or
6otherwise harm the personal dignity of a dependent adult, or
7where the caretaker knew or reasonably should have known the
8act or statement would cause shame, degradation, humiliation,
9or harm to the personal dignity of a reasonable person.
10“Personal degradation” includes the taking, transmission,
11or display of an electronic image of a dependent adult by a
12caretaker, where the caretaker’s actions constitute a willful
13act or statement intended to shame, degrade, humiliate, or
14otherwise harm the personal dignity of the dependent adult, or
15where the caretaker knew or reasonably should have known the
16act would cause shame, degradation, humiliation, or harm to the
17personal dignity of a reasonable person. “Personal degradation”
18does not include the taking, transmission, or display of
19an electronic image of a dependent adult for the purpose
20of reporting dependent adult abuse to law enforcement, the
21department, or other regulatory agency that oversees caretakers
22or enforces abuse or neglect provisions, or for the purpose of
23treatment or diagnosis or as part of an ongoing investigation.
24“Personal degradation” also does not include the taking,
25transmission, or display of an electronic image by a caretaker
26in accordance with the facility’s or program’s confidentiality
27policy and release of information or consent policies.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill includes personal degradation as a form of
32dependent adult abuse by caretakers in facilities and
33programs regulated by the department of inspections and
34appeals. The bill provides that personal degradation is a
35willful act or statement by a caretaker in a facility or
-1-1program that is intended to shame, degrade, humiliate, or
2otherwise harm the dependent adult’s personal dignity; or a
3willful act or statement by a caretaker where the caretaker
4reasonably should have known the act or statement would
5shame, degrade, humiliate, or otherwise harm the dependent
6adult’s personal dignity. Personal degradation includes the
7taking, transmitting, or displaying of an electronic image
8of a dependent adult by a caretaker, where the caretaker
9intended to cause or should have known such act would cause
10shame, degradation, or humiliation, or otherwise harm the
11personal dignity of the dependent adult. The bill creates an
12exception for electronic images that are taken, transmitted, or
13displayed for the purposes of treatment, diagnosis, or ongoing
14investigation. The bill provides personal degradation does
15not occur when a caretaker takes, transmits, or displays an
16electronic image in accordance with the facility’s or program’s
17release of information or consent policies.
-2-hb/nh/rh