Bill Text: IA SSB1099 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act including personal degradation as a form of dependent adult abuse by caretakers in facilities and programs regulated by the department of inspections and appeals.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-23 - Subcommittee recommends amendment and passage. [SSB1099 Detail]
Download: Iowa-2017-SSB1099-Introduced.html
Senate
Study
Bill
1099
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
INSPECTIONS
AND
APPEALS
BILL)
A
BILL
FOR
An
Act
including
personal
degradation
as
a
form
of
dependent
1
adult
abuse
by
caretakers
in
facilities
and
programs
2
regulated
by
the
department
of
inspections
and
appeals.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
235E.1,
subsection
5,
paragraph
a,
Code
1
2017,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(3)
Personal
degradation
of
a
dependent
3
adult.
“Personal
degradation”
means
a
willful
act
or
statement
4
by
a
caretaker
intended
to
shame,
degrade,
humiliate,
or
5
otherwise
harm
the
personal
dignity
of
a
dependent
adult,
or
6
where
the
caretaker
knew
or
reasonably
should
have
known
the
7
act
or
statement
would
cause
shame,
degradation,
humiliation,
8
or
harm
to
the
personal
dignity
of
a
reasonable
person.
9
“Personal
degradation”
includes
the
taking,
transmission,
10
or
display
of
an
electronic
image
of
a
dependent
adult
by
a
11
caretaker,
where
the
caretaker’s
actions
constitute
a
willful
12
act
or
statement
intended
to
shame,
degrade,
humiliate,
or
13
otherwise
harm
the
personal
dignity
of
the
dependent
adult,
or
14
where
the
caretaker
knew
or
reasonably
should
have
known
the
15
act
would
cause
shame,
degradation,
humiliation,
or
harm
to
the
16
personal
dignity
of
a
reasonable
person.
“Personal
degradation”
17
does
not
include
the
taking,
transmission,
or
display
of
18
an
electronic
image
of
a
dependent
adult
for
the
purpose
19
of
reporting
dependent
adult
abuse
to
law
enforcement,
the
20
department,
or
other
regulatory
agency
that
oversees
caretakers
21
or
enforces
abuse
or
neglect
provisions,
or
for
the
purpose
of
22
treatment
or
diagnosis
or
as
part
of
an
ongoing
investigation.
23
“Personal
degradation”
also
does
not
include
the
taking,
24
transmission,
or
display
of
an
electronic
image
by
a
caretaker
25
in
accordance
with
the
facility’s
or
program’s
confidentiality
26
policy
and
release
of
information
or
consent
policies.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
includes
personal
degradation
as
a
form
of
31
dependent
adult
abuse
by
caretakers
in
facilities
and
32
programs
regulated
by
the
department
of
inspections
and
33
appeals.
The
bill
provides
that
personal
degradation
is
a
34
willful
act
or
statement
by
a
caretaker
in
a
facility
or
35
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program
that
is
intended
to
shame,
degrade,
humiliate,
or
1
otherwise
harm
the
dependent
adult’s
personal
dignity;
or
a
2
willful
act
or
statement
by
a
caretaker
where
the
caretaker
3
reasonably
should
have
known
the
act
or
statement
would
4
shame,
degrade,
humiliate,
or
otherwise
harm
the
dependent
5
adult’s
personal
dignity.
Personal
degradation
includes
the
6
taking,
transmitting,
or
displaying
of
an
electronic
image
7
of
a
dependent
adult
by
a
caretaker,
where
the
caretaker
8
intended
to
cause
or
should
have
known
such
act
would
cause
9
shame,
degradation,
or
humiliation,
or
otherwise
harm
the
10
personal
dignity
of
the
dependent
adult.
The
bill
creates
an
11
exception
for
electronic
images
that
are
taken,
transmitted,
or
12
displayed
for
the
purposes
of
treatment,
diagnosis,
or
ongoing
13
investigation.
The
bill
provides
personal
degradation
does
14
not
occur
when
a
caretaker
takes,
transmits,
or
displays
an
15
electronic
image
in
accordance
with
the
facility’s
or
program’s
16
release
of
information
or
consent
policies.
17
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