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Senate File 420 - 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, and
4including effective date provisions.
5BE 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.
28 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
29immediate importance, takes effect upon enactment.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill includes personal degradation as a form of
34dependent adult abuse by caretakers in facilities and
35programs regulated by the department of inspections and
-1-1appeals. The bill provides that personal degradation is a
2willful act or statement by a caretaker in a facility or
3program that is intended to shame, degrade, humiliate, or
4otherwise harm the dependent adult’s personal dignity; or a
5willful act or statement by a caretaker where the caretaker
6reasonably should have known the act or statement would
7shame, degrade, humiliate, or otherwise harm the dependent
8adult’s personal dignity. Personal degradation includes the
9taking, transmitting, or displaying of an electronic image
10of a dependent adult by a caretaker, where the caretaker
11intended to cause or should have known such act would cause
12shame, degradation, or humiliation, or otherwise harm the
13personal dignity of the dependent adult. The bill creates an
14exception for electronic images that are taken, transmitted, or
15displayed for the purposes of treatment, diagnosis, or ongoing
16investigation. The bill provides personal degradation does
17not occur when a caretaker takes, transmits, or displays an
18electronic image in accordance with the facility’s or program’s
19release of information or consent policies.
20The bill takes effect upon enactment.
-2-hb/nh/rh
2adult abuse by caretakers in facilities and programs
3regulated by the department of inspections and appeals, and
4including effective date provisions.
5BE 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.
28 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
29immediate importance, takes effect upon enactment.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill includes personal degradation as a form of
34dependent adult abuse by caretakers in facilities and
35programs regulated by the department of inspections and
-1-1appeals. The bill provides that personal degradation is a
2willful act or statement by a caretaker in a facility or
3program that is intended to shame, degrade, humiliate, or
4otherwise harm the dependent adult’s personal dignity; or a
5willful act or statement by a caretaker where the caretaker
6reasonably should have known the act or statement would
7shame, degrade, humiliate, or otherwise harm the dependent
8adult’s personal dignity. Personal degradation includes the
9taking, transmitting, or displaying of an electronic image
10of a dependent adult by a caretaker, where the caretaker
11intended to cause or should have known such act would cause
12shame, degradation, or humiliation, or otherwise harm the
13personal dignity of the dependent adult. The bill creates an
14exception for electronic images that are taken, transmitted, or
15displayed for the purposes of treatment, diagnosis, or ongoing
16investigation. The bill provides personal degradation does
17not occur when a caretaker takes, transmits, or displays an
18electronic image in accordance with the facility’s or program’s
19release of information or consent policies.
20The bill takes effect upon enactment.
-2-hb/nh/rh