Bill Text: IA HF2134 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act requiring notification about certain criminal histories of residents of a health care facility or residential program, making penalties applicable, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-30 - Subcommittee, Schulte, Hunter, and Iverson. H.J. 162. [HF2134 Detail]
Download: Iowa-2011-HF2134-Introduced.html
House
File
2134
-
Introduced
HOUSE
FILE
2134
BY
BERRY
A
BILL
FOR
An
Act
requiring
notification
about
certain
criminal
histories
1
of
residents
of
a
health
care
facility
or
residential
2
program,
making
penalties
applicable,
and
including
3
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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2134
Section
1.
Section
135C.1,
Code
2011,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
14A.
“Personal
representative”
means
an
3
adult
person
identified
by
the
administrative
office
of
a
4
health
care
facility
or
the
administrator
of
a
residential
5
program
described
in
section
135C.6,
subsection
8,
who
has
6
periodic
contact
with
the
facility
or
program
about
the
welfare
7
of
a
resident.
8
NEW
SUBSECTION
.
19A.
“Sex
offender”
means
a
person
required
9
to
register
as
a
sex
offender
pursuant
to
chapter
692A
who
10
is
classified
as
either
a
tier
II
or
tier
III
offender
under
11
section
692A.102.
12
Sec.
2.
NEW
SECTION
.
135C.9A
Sex
offender
registry
and
13
criminal
records
check.
14
1.
The
administrator
or
designee
of
a
health
care
facility
15
or
of
a
residential
program
described
in
section
135C.6,
16
subsection
8,
shall
access
and
search
the
sex
offender
registry
17
established
in
chapter
692A
and
request
a
criminal
history
data
18
check
pursuant
to
chapter
692
for
each
new
resident
of
the
19
facility
or
program
prior
to
or
immediately
after
admitting
the
20
new
resident
into
the
facility
or
program.
21
2.
a.
If
the
administrator
or
designee
of
a
health
care
22
facility
or
residential
program
described
in
section
135C.6,
23
subsection
8,
learns
that
a
resident
admitted
to
the
facility
24
or
program
is
required
to
register
as
a
sex
offender
or
has
25
a
criminal
history
that
involves
an
arrest
for
or
conviction
26
of
an
assault
under
chapter
708,
arson
under
chapter
712,
or
a
27
forcible
felony
as
defined
in
section
702.11,
the
facility
or
28
program
shall
notify
each
resident
of
the
facility
or
program
29
that
a
sex
offender
or
a
person
arrested
for
or
convicted
of
30
an
offense
listed
in
this
paragraph
has
been
admitted
to
the
31
facility
or
program
as
a
resident.
32
b.
The
facility
or
program
shall
also
notify
the
personal
33
representative
of
a
resident
of
the
admittance
of
a
sex
34
offender
required
to
register
or
a
person
arrested
for
or
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2134
convicted
of
an
offense
listed
in
paragraph
“a”
.
If
a
personal
1
representative
is
unable
to
be
identified,
the
facility
or
2
program
shall
notify
one
adult
family
member
of
the
resident.
3
c.
The
notification
required
by
this
section
shall
be
4
provided
through
regular
mail
or
by
electronic
communication
5
within
three
business
days
of
learning
that
a
person
admitted
6
to
the
facility
or
program
as
a
resident
is
required
to
7
register
as
a
sex
offender
or
has
been
arrested
for
or
8
convicted
of
an
offense
listed
in
paragraph
“a”
.
The
9
notification
shall
identify
the
resident
by
name
and
disclose
10
the
location
of
the
residence.
11
3.
The
fee
to
conduct
the
criminal
history
data
check
12
required
by
this
section
shall
be
paid
by
the
health
care
13
facility
or
residential
program
described
in
section
135C.6,
14
subsection
8.
15
Sec.
3.
CONDUCTING
A
REVIEW
OF
THE
SEX
OFFENDER
REGISTRY
16
AND
PERFORMING
A
CRIMINAL
HISTORY
DATA
CHECK
FOR
CURRENT
17
RESIDENTS.
The
administrator
or
designee
of
a
health
care
18
facility
as
defined
in
section
135C.1
or
the
administrator
of
a
19
residential
program
described
in
section
135C.6,
subsection
8,
20
shall,
within
thirty
days
of
the
effective
date
of
this
Act,
21
access
and
search
the
sex
offender
registry
established
in
22
chapter
692A
and
request
a
criminal
history
data
check
pursuant
23
to
chapter
692
for
persons
who
were
residents
of
the
facility
24
or
program
prior
to
the
effective
date
of
this
Act
and
who
25
remain
residents
of
the
facility
or
program
on
or
after
the
26
effective
date
of
this
Act.
27
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
28
immediate
importance,
takes
effect
upon
enactment.
29
EXPLANATION
30
This
bill
relates
to
notifying
residents
of
a
health
care
31
facility
or
residential
program
about
the
criminal
history
of
32
another
patient.
33
Under
the
bill,
the
administrator
or
designee
of
a
34
health
care
facility
defined
in
Code
section
135C.1
or
the
35
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administrator
of
a
residential
program
described
in
Code
1
section
135C.6(8)
shall
access
and
search
the
sex
offender
2
registry
established
in
Code
chapter
692A
and
request
a
3
criminal
history
data
check
pursuant
to
Code
chapter
692
for
4
each
new
resident
of
the
facility
or
program
prior
to
or
5
immediately
after
admitting
the
new
resident
into
the
facility
6
or
program.
7
A
health
care
facility
or
residential
program
is
also
8
required
by
the
bill
to
access
and
search
the
sex
offender
9
registry
and
request
a
criminal
history
data
check,
within
30
10
days
of
the
effective
date
of
the
bill,
for
current
residents
11
of
the
facility
or
program
who
remain
residents
of
the
facility
12
or
program
on
or
after
the
effective
date
of
the
bill.
13
If
the
administrator
or
designee
of
a
health
care
facility
14
or
residential
program
learns
that
a
resident
admitted
to
the
15
facility
or
program
is
required
to
register
as
a
sex
offender
16
or
has
a
criminal
history
that
involves
an
arrest
or
conviction
17
for
assault
under
Code
chapter
708,
arson
under
Code
chapter
18
712,
or
a
forcible
felony
as
defined
in
Code
section
702.11,
19
the
bill
requires
the
facility
or
program
to
notify
each
20
resident
of
the
facility
or
program
that
a
sex
offender
or
a
21
person
arrested
for
or
convicted
of
any
of
the
aforementioned
22
offenses
has
been
admitted
to
the
facility
or
program.
23
The
bill
also
requires
the
administrator
or
designee
of
24
a
health
care
facility
or
the
administrator
of
a
residential
25
program
to
notify
the
personal
representative
or
an
adult
26
family
member
of
the
resident
about
the
admittance
of
a
27
resident
to
the
facility
or
program
who
is
a
sex
offender
or
28
a
person
arrested
for
or
convicted
of
an
assault,
arson,
or
29
forcible
felony.
30
The
notification
required
by
the
bill
shall
be
provided
31
through
regular
mail
or
by
electronic
communication
within
32
three
business
days
of
the
health
care
facility
or
residential
33
program
learning
that
a
person
admitted
to
the
facility
or
34
program
as
a
resident
is
required
to
register
as
a
sex
offender
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or
has
been
arrested
for
or
convicted
of
an
assault,
arson,
or
1
forcible
felony.
2
The
bill
requires
that
the
notification
identify
the
3
resident
by
name
and
disclose
the
location
of
the
residence.
4
The
bill
also
requires
the
health
care
facility
or
5
residential
program
to
pay
the
costs
to
conduct
a
criminal
6
history
data
check
for
a
resident.
7
A
health
care
facility
or
residential
program
that
violates
8
the
bill
is
subject
to
penalties
and
inspections
specified
in
9
Code
sections
135C.36
through
135C.48
and
classified
by
the
10
department
of
inspections
and
appeals
by
rule.
11
The
bill
defines
“sex
offender”
to
mean
a
person
required
to
12
register
as
a
sex
offender
pursuant
to
Code
chapter
692A
who
is
13
classified
as
either
a
tier
II
or
tier
III
offender
under
Code
14
section
692A.102.
15
The
bill
takes
effect
upon
enactment.
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