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House File 544 - EnrolledAn Actincluding personal degradation as a form of dependent adult
abuse by caretakers in facilities and programs regulated by
the department of inspections and appeals, and including
effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 235E.1, subsection 5, paragraph a, Code
2017, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (3) Personal degradation of a dependent
adult. “Personal degradation” means a willful act or statement
by a caretaker intended to shame, degrade, humiliate, or
otherwise harm the personal dignity of a dependent adult, or
where the caretaker knew or reasonably should have known the act
or statement would cause shame, degradation, humiliation, or
harm to the personal dignity of a reasonable person. “Personal
degradation” includes the taking, transmission, or display of
an electronic image of a dependent adult by a caretaker, where
the caretaker’s actions constitute a willful act or statement
intended to shame, degrade, humiliate, or otherwise harm the
personal dignity of the dependent adult, or where the caretaker
knew or reasonably should have known the act would cause shame,
degradation, humiliation, or harm to the personal dignity of
a reasonable person. “Personal degradation” does not include
the taking, transmission, or display of an electronic image of
a dependent adult for the purpose of reporting dependent adult
abuse to law enforcement, the department, or other regulatory
-1-agency that oversees caretakers or enforces abuse or neglect
provisions, or for the purpose of treatment or diagnosis or
as part of an ongoing investigation. “Personal degradation”
also does not include the taking, transmission, or display
of an electronic image by a caretaker in accordance with the
facility’s or program’s confidentiality policy and release of
information or consent policies.
Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
importance, takes effect upon enactment.
______________________________
LINDA UPMEYER
Speaker of the House
______________________________
JACK WHITVER
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 544, Eighty-seventh General Assembly.
______________________________
CARMINE BOAL
Chief Clerk of the House
Approved _______________, 2017
______________________________
TERRY E. BRANSTAD
Governor
-1-hb/nh/rh
abuse by caretakers in facilities and programs regulated by
the department of inspections and appeals, and including
effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 235E.1, subsection 5, paragraph a, Code
2017, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (3) Personal degradation of a dependent
adult. “Personal degradation” means a willful act or statement
by a caretaker intended to shame, degrade, humiliate, or
otherwise harm the personal dignity of a dependent adult, or
where the caretaker knew or reasonably should have known the act
or statement would cause shame, degradation, humiliation, or
harm to the personal dignity of a reasonable person. “Personal
degradation” includes the taking, transmission, or display of
an electronic image of a dependent adult by a caretaker, where
the caretaker’s actions constitute a willful act or statement
intended to shame, degrade, humiliate, or otherwise harm the
personal dignity of the dependent adult, or where the caretaker
knew or reasonably should have known the act would cause shame,
degradation, humiliation, or harm to the personal dignity of
a reasonable person. “Personal degradation” does not include
the taking, transmission, or display of an electronic image of
a dependent adult for the purpose of reporting dependent adult
abuse to law enforcement, the department, or other regulatory
-1-agency that oversees caretakers or enforces abuse or neglect
provisions, or for the purpose of treatment or diagnosis or
as part of an ongoing investigation. “Personal degradation”
also does not include the taking, transmission, or display
of an electronic image by a caretaker in accordance with the
facility’s or program’s confidentiality policy and release of
information or consent policies.
Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
importance, takes effect upon enactment.
______________________________
LINDA UPMEYER
Speaker of the House
______________________________
JACK WHITVER
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 544, Eighty-seventh General Assembly.
______________________________
CARMINE BOAL
Chief Clerk of the House
Approved _______________, 2017
______________________________
TERRY E. BRANSTAD
Governor
-1-hb/nh/rh