Bill Text: IA SF2295 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to certain powers and duties of the department of inspections, appeals, and licensing including confidentiality of information and records, and dependent adult abuse, and making penalties applicable.(Formerly SSB 3095.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-03-19 - Withdrawn. S.J. 587. [SF2295 Detail]
Download: Iowa-2023-SF2295-Introduced.html
Senate
File
2295
-
Introduced
SENATE
FILE
2295
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3095)
(COMPANION
TO
HF
2390
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES)
A
BILL
FOR
An
Act
relating
to
certain
powers
and
duties
of
the
department
1
of
inspections,
appeals,
and
licensing
including
2
confidentiality
of
information
and
records,
and
dependent
3
adult
abuse,
and
making
penalties
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
10A.105,
subsection
5,
Code
2024,
is
1
amended
to
read
as
follows:
2
5.
If
information
in
the
possession
of
the
department
3
indicates
that
a
criminal
or
regulatory
offense
may
have
been
4
committed,
the
information
may
be
reported
to
the
appropriate
5
criminal
justice
or
regulatory
agency.
6
Sec.
2.
Section
235E.1,
subsection
5,
paragraph
a,
7
subparagraphs
(2)
and
(3),
Code
2024,
are
amended
to
read
as
8
follows:
9
(2)
Sexual
exploitation
of
a
dependent
adult
by
a
caretaker
10
whether
within
a
facility
or
program
or
at
a
location
outside
11
of
a
facility
or
program.
“Sexual
exploitation”
means
any
12
consensual
or
nonconsensual
sexual
conduct
with
a
dependent
13
adult
which
includes
but
is
not
limited
to
kissing;
touching
14
of
the
clothed
or
unclothed
breast,
groin,
buttock,
anus,
15
pubes,
or
genitals;
or
a
sex
act,
as
defined
in
section
702.17
.
16
“Sexual
exploitation”
includes
the
transmission,
display,
17
taking
of
electronic
images
of
the
unclothed
breast,
groin,
18
buttock,
anus,
pubes,
or
genitals
of
a
dependent
adult
by
a
19
caretaker
for
a
purpose
not
related
to
treatment
or
diagnosis
20
or
as
part
of
an
ongoing
evaluation
or
investigation.
“Sexual
21
exploitation”
does
not
include
touching
which
is
part
of
a
22
necessary
examination,
treatment,
or
care
by
a
caretaker
23
acting
within
the
scope
of
the
practice
or
employment
of
the
24
caretaker;
the
exchange
of
a
brief
touch
or
hug
between
the
25
dependent
adult
and
a
caretaker
for
the
purpose
of
reassurance,
26
comfort,
or
casual
friendship;
or
touching
between
spouses
or
27
domestic
partners
in
an
intimate
relationship.
28
(3)
Personal
degradation
of
a
dependent
adult.
“Personal
29
degradation”
means
a
willful
act
or
statement
by
a
caretaker
30
intended
to
shame,
degrade,
humiliate,
or
otherwise
harm
the
31
personal
dignity
of
a
dependent
adult,
or
where
the
caretaker
32
knew
or
reasonably
should
have
known
the
act
or
statement
would
33
cause
shame,
degradation,
humiliation,
or
harm
to
the
personal
34
dignity
of
a
reasonable
person.
“Personal
degradation”
includes
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the
taking,
transmission,
or
display
of
an
electronic
image
of
1
a
dependent
adult
by
a
caretaker,
where
the
caretaker’s
actions
2
constitute
a
willful
act
or
statement
intended
to
shame,
3
degrade,
humiliate,
or
otherwise
harm
the
personal
dignity
of
4
the
dependent
adult,
or
where
the
caretaker
knew
or
reasonably
5
should
have
known
the
act
would
cause
shame,
degradation,
6
humiliation,
or
harm
to
the
personal
dignity
of
a
reasonable
7
person.
“Personal
degradation”
does
not
include
the
taking,
8
transmission,
or
display
of
an
electronic
image
of
a
dependent
9
adult
for
the
purpose
of
reporting
dependent
adult
abuse
to
law
10
enforcement,
the
department,
or
other
regulatory
agency
that
11
oversees
caretakers
or
enforces
abuse
or
neglect
provisions,
12
or
for
the
purpose
of
treatment
or
diagnosis
or
as
part
of
an
13
ongoing
evaluation
or
investigation.
“Personal
degradation”
14
also
does
not
include
the
taking,
transmission,
or
display
15
of
an
electronic
image
by
a
caretaker
in
accordance
with
the
16
facility’s
or
program’s
confidentiality
policy
and
release
of
17
information
or
consent
policies.
18
Sec.
3.
Section
235E.2,
subsection
3,
paragraph
a,
Code
19
2024,
is
amended
to
read
as
follows:
20
a.
If
a
staff
member
or
employee
is
required
to
make
a
21
report
pursuant
to
this
section
,
the
staff
member
or
employee
22
shall
immediately
notify
the
person
in
charge
or
the
person’s
23
designated
agent
who
shall
then
notify
the
department
within
24
twenty-four
hours
of
such
notification.
If
the
person
in
25
charge
is
the
alleged
perpetrator
of
dependent
adult
abuser
26
abuse
,
the
staff
member
shall
directly
report
the
abuse
to
the
27
department
within
twenty-four
hours.
28
Sec.
4.
Section
235E.2,
subsection
5,
Code
2024,
is
amended
29
to
read
as
follows:
30
5.
Any
other
person
who
believes
that
a
dependent
adult
31
has
suffered
dependent
adult
abuse
may
report
the
suspected
32
dependent
adult
abuse
to
the
department
of
inspections,
33
appeals,
and
licensing
.
The
department
of
inspections,
34
appeals,
and
licensing
shall
transfer
any
reports
received
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of
dependent
adult
abuse
in
the
community
to
the
department
1
of
health
and
human
services.
The
department
of
health
and
2
human
services
shall
transfer
any
reports
received
of
dependent
3
adult
abuse
in
facilities
or
programs
to
the
department
of
4
inspections,
appeals,
and
licensing
.
5
Sec.
5.
Section
235E.2,
subsection
6,
unnumbered
paragraph
6
1,
Code
2024,
is
amended
to
read
as
follows:
7
The
department
shall
inform
the
appropriate
county
attorneys
8
attorney
of
any
reports
report
of
dependent
adult
abuse.
The
9
department
may
provide
the
county
attorney,
other
appropriate
10
law
enforcement
agencies,
and
appropriate
licensing
boards
with
11
the
department’s
evaluation
materials
and
findings
related
to
a
12
report
of
dependent
adult
abuse.
The
department
may
request
13
information
from
any
person
believed
to
have
knowledge
of
a
14
case
of
dependent
adult
abuse.
The
person,
including
but
not
15
limited
to
a
county
attorney,
a
law
enforcement
agency,
a
16
multidisciplinary
team,
a
social
services
agency
in
the
state,
17
or
any
person
who
is
required
pursuant
to
subsection
2
to
18
report
dependent
adult
abuse,
whether
or
not
the
person
made
19
the
specific
dependent
adult
abuse
report,
shall
cooperate
and
20
assist
in
the
evaluation
upon
the
request
of
the
department.
21
If
the
department’s
assessment
reveals
that
dependent
adult
22
abuse
exists
which
might
constitute
a
criminal
offense,
a
23
report
shall
be
made
to
the
appropriate
law
enforcement
agency.
24
County
attorneys
and
appropriate
law
enforcement
agencies
shall
25
also
take
any
other
lawful
action
necessary
or
advisable
for
26
the
protection
of
the
dependent
adult.
27
Sec.
6.
Section
235E.2,
subsection
6,
paragraphs
a
and
b,
28
Code
2024,
are
amended
to
read
as
follows:
29
a.
If,
upon
completion
of
an
investigation
of
a
report
30
of
dependent
adult
abuse
,
the
department
determines
that
the
31
best
interests
of
the
dependent
adult
require
court
action,
32
the
department
shall
notify
the
department
of
health
and
human
33
services
of
the
potential
need
for
a
guardian
or
conservator
or
34
for
admission
or
commitment
to
an
appropriate
institution
or
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facility
pursuant
to
the
applicable
procedures
under
chapter
1
125
,
222
,
229
,
or
633
,
or
shall
pursue
other
remedies
provided
2
by
law.
The
appropriate
county
attorney
shall
assist
the
3
department
of
health
and
human
services
in
the
preparation
of
4
the
necessary
papers
to
initiate
the
action
and
shall
appear
5
and
represent
the
department
of
health
and
human
services
at
6
all
district
court
proceedings.
7
b.
Investigators
Inspectors
within
the
department
shall
be
8
specially
trained
to
investigate
cases
of
dependent
adult
abuse
9
including
but
not
limited
to
cases
involving
gerontological,
10
dementia,
and
wound
care
issues.
11
Sec.
7.
Section
235E.2,
subsections
7,
8,
10,
11,
12,
and
12
13,
Code
2024,
are
amended
to
read
as
follows:
13
7.
A
person
participating
in
good
faith
in
reporting
or
14
cooperating
with
or
assisting
the
department
in
evaluating
15
a
report
or
investigating
a
case
of
dependent
adult
abuse
16
has
immunity
from
liability,
civil
or
criminal,
which
might
17
otherwise
be
incurred
or
imposed
based
upon
the
act
of
making
18
the
report
or
giving
the
assistance.
The
person
has
the
same
19
immunity
with
respect
to
participating
in
good
faith
in
a
20
judicial
proceeding
resulting
from
the
report,
cooperation,
or
21
assistance
or
relating
to
the
subject
matter
of
the
report,
22
cooperation,
or
assistance.
23
8.
It
shall
be
unlawful
for
any
person
or
employer
to
24
discharge,
suspend,
or
otherwise
discipline
a
person
required
25
to
report
or
voluntarily
reporting
an
instance
of
suspected
26
dependent
adult
abuse
pursuant
to
subsection
2
or
5
,
or
27
cooperating
with,
or
assisting
the
department
in
evaluating
a
28
report
or
investigating
a
case
of
dependent
adult
abuse,
or
29
participating
in
judicial
proceedings
relating
to
the
reporting
30
or
cooperation
or
assistance
based
solely
upon
the
person’s
31
reporting
or
assistance
relative
to
the
instance
of
dependent
32
adult
abuse.
A
person
or
employer
found
in
violation
of
this
33
subsection
is
guilty
of
a
simple
misdemeanor.
34
10.
a.
The
department
shall
adopt
rules
which
require
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facilities
and
programs
to
separate
an
alleged
perpetrator
of
1
dependent
adult
abuser
abuse
from
a
victim
following
the
report
2
of
an
allegation
of
perpetration
of
dependent
adult
abuse
and
3
prior
to
the
completion
of
an
investigation
of
the
allegation
4
report
by
the
department
.
5
b.
Independent
of
the
department’s
investigation
of
6
the
report
,
the
facility
or
program
employing
the
alleged
7
perpetrator
of
dependent
adult
abuser
abuse
shall
conduct
8
an
investigation
of
the
alleged
dependent
adult
abuse
and
9
determine
what,
if
any,
employment
action
should
be
taken
10
including
but
not
limited
to
placing
the
alleged
perpetrator
11
of
dependent
adult
abuser
abuse
on
administrative
leave
or
12
reassigning
or
terminating
the
alleged
perpetrator
of
dependent
13
adult
abuser
abuse
as
a
result
of
the
investigation
by
the
14
facility
or
program.
15
c.
If
the
facility
or
program
terminates
the
alleged
16
perpetrator
of
dependent
adult
abuser
abuse
as
a
result
of
17
the
investigation
by
the
facility
or
program
or
the
alleged
18
dependent
adult
abuser
resigns
,
the
alleged
perpetrator
of
19
dependent
adult
abuser
abuse
shall
disclose
such
termination
or
20
investigation
to
any
prospective
facility
or
program
employer.
21
An
alleged
perpetrator
of
dependent
adult
abuser
abuse
who
22
fails
to
disclose
such
termination
or
investigation
is
guilty
23
of
a
simple
misdemeanor.
24
11.
Upon
receiving
notice
from
a
credible
source,
the
25
department
shall
notify
a
facility
or
program
that
subsequently
26
employs
a
perpetrator
of
founded
dependent
adult
abuser
abuse
27
when
the
notice
of
investigative
findings
has
been
issued.
28
Such
notification
shall
occur
prior
to
the
completion
of
an
29
investigation
that
is
founded
for
dependent
adult
abuse.
30
12.
a.
An
inspector
of
the
department
may
enter
any
31
facility
or
program
without
a
warrant
and
may
examine
all
32
records
pertaining
to
residents,
employees,
former
employees,
33
and
the
alleged
perpetrator
of
dependent
adult
abuser
abuse
.
34
b.
If
upon
entry,
the
inspector
has
knowledge
of
or
learns
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during
the
course
of
an
investigation
of
a
report
that
alleged
1
dependent
adult
abuse
is
suspected
or
is
being
investigated
2
by
the
facility
or
program
,
the
inspector
shall
inform
the
3
facility
or
program
that
the
inspector
is
investigating
a
4
report
of
an
alleged
case
of
dependent
adult
abuse.
5
c.
An
inspector
of
the
department
may
contact
or
interview
6
any
resident,
employee,
former
employee,
or
any
other
person
7
who
might
may
have
knowledge
about
the
alleged
dependent
8
adult
abuse.
Prior
to
the
interview,
the
department
shall
9
provide
written
notification
to
the
person
under
investigation
10
for
alleged
perpetrator
of
dependent
adult
abuse
that
.
The
11
notification
shall
include
all
of
the
following
information:
12
(1)
That
the
person
is
under
investigation
for
dependent
13
adult
abuse,
the
subject
of
a
report
of
dependent
adult
abuse
14
being
investigated
by
the
department.
15
(2)
The
nature
of
the
abuse
being
investigated
,
the
.
16
(3)
The
possible
civil
administrative
consequences
of
17
founded
abuse
,
the
.
18
(4)
The
requirement
that
the
department
forward
a
report
19
to
law
enforcement
if
the
department’s
investigation
reveals
a
20
potential
criminal
offense
,
that
.
21
(5)
That
the
person
has
the
right
to
retain
legal
counsel
22
at
the
person’s
expense
and
may
choose
to
have
legal
counsel,
23
union
representation,
or
any
other
desired
representative
24
employed
by
the
facility
present
during
the
interview
,
and
the
25
fact
that
.
26
(6)
That
the
person
has
the
right
to
decline
to
be
27
interviewed
or
to
terminate
an
interview
at
any
time.
28
d.
The
person
under
investigation
who
is
the
subject
of
29
the
report
shall
inform
the
department
of
the
representatives
30
desired
the
person
wants
to
be
have
present
during
the
31
interview
and
not
delay
the
interview
by
more
than
five
working
32
days
to
make
arrangements
for
the
person’s
representatives
to
33
be
present
at
the
interview.
34
e.
Any
employer
representative
shall
be
informed
of
the
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requirement
to
maintain
strict
confidentiality
and
of
the
1
prohibition
against
redissemination
of
such
information
2
pursuant
to
chapter
235B
.
At
3
f.
During
the
interview,
the
department
shall
request
and
4
the
alleged
perpetrator
of
dependent
adult
abuser
abuse
shall
5
provide
the
alleged
dependent
adult
abuser’s
perpetrator’s
most
6
current
contact
information
to
facilitate
provision
of
the
7
findings
of
the
investigation
to
the
alleged
dependent
adult
8
abuser
perpetrator
.
9
g.
An
inspector
may
take
or
cause
to
be
taken
photographs
10
of
the
dependent
adult
abuse
victim
and
the
vicinity
involved.
11
The
department
shall
obtain
consent
from
the
dependent
adult
12
abuse
victim
or
guardian
or
other
person
with
a
power
of
13
attorney
over
the
dependent
adult
abuse
victim
prior
to
taking
14
photographs
of
the
dependent
adult
abuse
victim.
15
13.
a.
Notwithstanding
section
235B.6
and
chapter
22
,
16
an
employee
organization
or
union
representative
may
observe
17
an
investigative
interview
conducted
by
the
department
of
an
18
alleged
perpetrator
of
dependent
adult
abuser
abuse
if
all
of
19
the
following
conditions
are
met:
20
(1)
The
alleged
perpetrator
of
dependent
adult
abuser
abuse
21
is
part
of
a
bargaining
unit
that
is
party
to
a
collective
22
bargaining
agreement
under
chapter
20
or
any
other
applicable
23
state
or
federal
law.
24
(2)
The
alleged
perpetrator
of
dependent
adult
abuser
abuse
25
requests
the
presence
of
an
employee
organization
or
union
26
representative.
27
(3)
The
employee
organization
or
union
representative
28
maintains
the
confidentiality
of
all
information
from
the
29
interview
subject
to
the
penalties
provided
in
section
235B.12
30
if
such
confidentiality
is
breached.
31
b.
This
subsection
shall
only
apply
to
interviews
conducted
32
pursuant
to
this
chapter
.
This
subsection
does
not
apply
to
33
interviews
conducted
pursuant
to
the
regulatory
activities
of
34
chapter
135B
,
135C
,
231B
,
231C
,
or
231D
,
or
any
other
state
or
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federal
law.
1
Sec.
8.
Section
726.26,
subsection
1,
Code
2024,
is
amended
2
to
read
as
follows:
3
1.
For
the
purposes
of
this
section
,
“caretaker”
,
“dependent
4
adult”
,
and
“dependent
adult
abuse”
mean
the
same
as
defined
in
5
section
235B.2
or
section
235E.1,
as
applicable
.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
certain
powers
and
duties
of
the
10
department
of
inspections,
appeals,
and
licensing
(DIAL)
11
including
confidentiality
of
information
and
records,
and
12
dependent
adult
abuse.
13
The
bill
amends
Code
section
10A.105(5),
relating
to
14
confidentiality
of
information
produced,
collected,
maintained,
15
or
in
the
possession
of
DIAL.
Code
section
10A.105(5)
provides
16
that
if
information
in
the
possession
of
DIAL
indicates
that
a
17
criminal
offense
may
have
been
committed,
the
information
may
18
be
reported
to
the
appropriate
criminal
justice
or
regulatory
19
agency.
The
bill
amends
this
provision
by
including
that
if
20
the
information
alternatively
indicates
that
a
regulatory
21
offense
may
have
been
committed,
the
information
may
be
22
reported
to
the
appropriate
criminal
justice
or
regulatory
23
agency.
24
Code
section
235E.2(6)
(unnumbered
paragraph
1)
is
amended
25
to
provide
that
DIAL
may
provide
the
county
attorney,
other
26
appropriate
law
enforcement
agencies,
and
appropriate
licensing
27
boards
with
the
department’s
evaluation
materials
and
findings
28
related
to
a
report
of
dependent
adult
abuse.
29
Code
section
235E.2(11)
provides
that
DIAL,
upon
receiving
30
notice
from
a
credible
source,
shall
notify
a
facility
or
31
program
that
subsequently
employs
a
dependent
adult
abuser
32
when
notice
of
investigative
findings
has
been
issued
and
that
33
such
notification
shall
occur
prior
to
the
completion
of
an
34
investigation
that
is
founded
for
dependent
adult
abuse.
The
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bill
amends
the
Code
subsection
to
eliminate
the
requirement
1
that
the
notification
shall
occur
prior
to
the
completion
of
2
the
investigation
that
is
founded
for
dependent
adult
abuse.
3
Prior
to
2022,
Code
section
235B.20,
relating
to
criminal
4
penalties
for
dependent
adult
abuse
was
located
in
Code
5
chapter
235B
(dependent
adult
abuse
services
——
information
6
registry).
In
2022,
this
Code
section
was
relocated
to
7
the
criminal
law
and
procedure
title
of
the
Code
in
Code
8
section
726.26,
in
proximity
to
other
penalties
for
crimes
9
against
dependent
adults,
older
individuals,
and
residents
10
of
health
care
facilities.
Code
section
726.26(1)
defines
11
“caretaker”,
“dependent
adult”,
and
“dependent
adult
abuse”
12
to
be
the
same
as
defined
in
Code
section
235B.2.
Because
13
Code
section
726.26(1)
applies
to
both
Code
chapter
235B,
14
relating
to
dependent
adult
abuse
outside
of
facilities
and
15
programs,
and
Code
chapter
235E,
relating
to
dependent
adult
16
abuse
in
facilities
and
programs,
and
because
the
three
terms
17
are
defined
differently
under
each
respective
Code
chapter,
18
the
bill
amends
Code
section
726.26(1)
to
provide
that
the
19
terms
are
as
defined
in
Code
section
235B.2
or
in
Code
section
20
235E.1,
as
applicable.
21
The
bill
also
makes
conforming
changes
throughout
Code
22
chapter
235E
including
by
changing
the
term
“alleged
dependent
23
adult
abuser”
to
“alleged
perpetrator
of
dependent
adult
24
abuse”.
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