Bill Text: IA SF2145 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to elder and dependent adult abuse, and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-11 - Subcommittee, Wilhelm, Johnson, and Mathis. S.J. 234. [SF2145 Detail]
Download: Iowa-2013-SF2145-Introduced.html
Senate
File
2145
-
Introduced
SENATE
FILE
2145
BY
DVORSKY
A
BILL
FOR
An
Act
relating
to
elder
and
dependent
adult
abuse,
and
1
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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DIVISION
I
1
ELDER
AND
DEPENDENT
ADULT
ABUSE
2
Section
1.
Section
235B.1,
Code
2014,
is
amended
to
read
as
3
follows:
4
235B.1
Dependent
Elder
and
dependent
adult
abuse
services.
5
The
department
shall
establish
and
operate
a
an
elder
and
6
dependent
adult
abuse
services
program.
The
program
shall
7
emphasize
the
reporting
and
evaluation
of
cases
of
abuse
of
an
8
elder
or
a
dependent
adult
who
is
unable
to
protect
the
adult’s
9
own
interests
or
unable
to
perform
activities
necessary
to
meet
10
essential
human
needs.
The
program
shall
include
but
is
not
11
limited
to:
12
1.
The
establishment
of
local
or
regional
multidisciplinary
13
teams
to
assist
in
assessing
the
needs
of,
formulating
and
14
monitoring
a
treatment
plan
for,
and
coordinating
services
to
15
victims
of
elder
or
dependent
adult
abuse.
The
membership
of
16
a
team
shall
include
individuals
who
possess
knowledge
and
17
skills
related
to
the
diagnosis,
assessment,
and
disposition
of
18
elder
and
dependent
adult
abuse
cases
and
who
are
professionals
19
practicing
in
the
disciplines
of
medicine,
public
health,
20
mental
health,
social
work,
law,
law
enforcement,
or
other
21
disciplines
relative
to
elders
and
dependent
adults.
Members
22
of
a
team
shall
include
but
are
not
limited
to
persons
23
representing
the
area
agencies
on
aging,
county
attorneys,
24
health
care
providers,
and
other
persons
involved
in
advocating
25
or
providing
services
to
elders
or
dependent
adults.
26
2.
Provisions
for
information
sharing
and
case
consultation
27
among
service
providers,
care
providers,
and
victims
of
elder
28
or
dependent
adult
abuse.
29
3.
Procedures
for
referral
of
cases
among
service
30
providers,
including
the
referral
of
victims
of
elder
or
31
dependent
adult
abuse
residing
in
licensed
health
care
32
facilities.
33
4.
a.
The
establishment
of
a
an
elder
and
dependent
adult
34
protective
advisory
council.
The
advisory
council
shall
do
all
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of
the
following:
1
(1)
Advise
the
director
of
human
services,
the
director
2
of
the
department
on
aging,
the
director
of
the
department
of
3
inspections
and
appeals,
the
director
of
public
health,
the
4
director
of
the
department
of
corrections,
and
the
director
of
5
the
department
of
human
rights
regarding
elder
and
dependent
6
adult
abuse.
7
(2)
Evaluate
state
law
and
rules
and
make
recommendations
8
to
the
general
assembly
and
to
executive
branch
departments
9
regarding
laws
and
rules
concerning
elders
and
dependent
10
adults.
11
(3)
Receive
and
review
recommendations
and
complaints
from
12
the
public,
health
care
facilities,
and
health
care
programs
13
concerning
the
elder
and
dependent
adult
abuse
services
14
program.
15
b.
(1)
The
advisory
council
shall
consist
of
twelve
16
members.
Eight
members
shall
be
appointed
by
and
serve
at
17
the
pleasure
of
the
governor.
Four
of
the
members
appointed
18
shall
be
appointed
on
the
basis
of
knowledge
and
skill
related
19
to
expertise
in
the
area
of
elder
and
dependent
adult
abuse
20
including
professionals
practicing
in
the
disciplines
of
21
medicine,
public
health,
mental
health,
long-term
care,
social
22
work,
law,
and
law
enforcement.
Two
of
the
members
appointed
23
shall
be
members
of
the
general
public
with
an
interest
in
the
24
area
of
elder
and
dependent
adult
abuse
and
two
of
the
members
25
appointed
shall
be
members
of
the
Iowa
caregivers
association.
26
In
addition,
the
membership
of
the
council
shall
include
the
27
director
or
the
director’s
designee
of
the
department
of
human
28
services,
the
department
on
aging,
the
Iowa
department
of
29
public
health,
and
the
department
of
inspections
and
appeals.
30
(2)
The
members
of
the
advisory
council
shall
be
appointed
31
to
terms
of
four
years
beginning
May
1.
Appointments
shall
32
comply
with
sections
69.16
and
69.16A
.
Vacancies
shall
be
33
filled
in
the
same
manner
as
the
original
appointment.
34
(3)
Members
shall
receive
actual
expenses
incurred
while
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serving
in
their
official
capacity.
1
(4)
The
advisory
council
shall
select
a
chairperson,
2
annually,
from
its
membership.
3
Sec.
2.
Section
235B.2,
Code
2014,
is
amended
to
read
as
4
follows:
5
235B.2
Definitions.
6
As
used
in
this
chapter
,
unless
the
context
otherwise
7
requires:
8
1.
a.
“Abuse”
means:
9
(1)
Any
of
the
following
as
a
result
of
the
willful,
10
reckless,
or
negligent
acts
or
omissions
of
an
individual
other
11
than
the
elder
or
dependent
adult:
12
(a)
Physical
injury
to,
or
injury
which
is
at
a
variance
13
with
the
history
given
of
the
injury,
or
unreasonable
14
confinement,
unreasonable
punishment,
or
assault
of
an
elder
or
15
a
dependent
adult.
16
(b)
The
commission
of
a
sexual
offense
under
chapter
709
or
17
section
726.2
with
or
against
an
elder
or
a
dependent
adult.
18
(c)
Financial
exploitation
of
an
elder
or
dependent
adult
19
which
means
the
illegal,
unauthorized,
or
improper
use
of
an
20
elder’s
or
dependent
adult’s
funds,
property,
or
assets
for
21
the
personal
or
pecuniary
profit
or
benefit
of
a
person
other
22
than
the
elder
or
dependent
adult.
Financial
exploitation
23
includes
but
is
not
limited
to
obtaining
the
use
of
an
24
elder’s
or
dependent
adult’s
funds,
property,
or
other
assets
25
through
undue
influence,
harassment,
duress,
deception,
or
26
misrepresentation
for
the
profit
or
benefit
of
a
person
other
27
than
the
elder
or
dependent
adult.
28
(d)
The
deprivation
of
the
minimum
food,
shelter,
clothing,
29
supervision,
physical
or
mental
health
care,
or
other
care
30
necessary
to
maintain
an
elder’s
or
a
dependent
adult’s
life
31
or
health.
32
(2)
The
deprivation
of
the
minimum
food,
shelter,
clothing,
33
supervision,
physical
or
mental
health
care,
and
other
care
34
necessary
to
maintain
a
dependent
adult’s
life
or
health
as
a
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result
of
the
acts
or
omissions
of
the
dependent
adult.
1
(3)
(a)
Sexual
exploitation
of
an
elder
or
a
dependent
2
adult
by
an
individual
other
than
the
elder
or
dependent
adult.
3
(b)
“Sexual
exploitation
of
an
elder”
means
any
4
nonconsensual
sexual
conduct
with
an
elder
which
includes
5
but
is
not
limited
to
kissing;
touching
of
the
clothed
or
6
unclothed
inner
thigh,
breast,
groin,
buttock,
anus,
pubes,
7
or
genitals;
or
a
sex
act,
as
defined
in
section
702.17.
8
“Sexual
exploitation
of
an
elder”
includes
the
nonconsensual
9
transmission,
display,
taking
of
electronic
images
of
the
10
unclothed
breast,
groin,
buttock,
anus,
pubes,
or
genitals
11
of
an
elder
by
another
person
for
a
purpose
not
related
to
12
treatment
or
diagnosis
or
as
part
of
an
ongoing
assessment,
13
evaluation,
or
investigation.
“Sexual
exploitation
of
an
14
elder”
does
not
include
touching
which
is
part
of
a
necessary
15
examination,
treatment,
or
care
by
a
caretaker
acting
within
16
the
scope
of
the
practice
or
employment
of
the
caretaker;
17
the
exchange
of
a
brief
touch
or
hug
between
the
elder
and
a
18
caretaker
for
the
purpose
of
reassurance,
comfort,
or
casual
19
friendship;
or
touching
between
spouses
or
domestic
partners.
20
(c)
“Sexual
exploitation
of
a
dependent
adult”
means
any
21
consensual
or
nonconsensual
sexual
conduct
with
a
dependent
22
adult
which
includes
but
is
not
limited
to
kissing;
touching
of
23
the
clothed
or
unclothed
inner
thigh,
breast,
groin,
buttock,
24
anus,
pubes,
or
genitals;
or
a
sex
act,
as
defined
in
section
25
702.17.
“Sexual
exploitation
of
a
dependent
adult”
includes
26
the
transmission,
display,
taking
of
electronic
images
of
the
27
unclothed
breast,
groin,
buttock,
anus,
pubes,
or
genitals
28
of
a
dependent
adult
by
another
person
for
a
purpose
not
29
related
to
treatment
or
diagnosis
or
as
part
of
an
ongoing
30
assessment,
evaluation,
or
investigation.
“Sexual
exploitation
31
of
a
dependent
adult”
does
not
include
touching
which
is
part
32
of
a
necessary
examination,
treatment,
or
care
by
a
caretaker
33
acting
within
the
scope
of
the
practice
or
employment
of
the
34
caretaker;
the
exchange
of
a
brief
touch
or
hug
between
the
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dependent
adult
and
a
caretaker
for
the
purpose
of
reassurance,
1
comfort,
or
casual
friendship;
or
touching
between
spouses
or
2
domestic
partners.
3
b.
“Abuse”
does
not
include
any
of
the
following:
4
(1)
Circumstances
in
which
an
elder
or
a
dependent
adult
5
declines
medical
treatment
if
the
elder
or
dependent
adult
6
holds
a
belief
or
is
an
adherent
of
a
religion
whose
tenets
7
and
practices
call
for
reliance
on
spiritual
means
in
place
of
8
reliance
on
medical
treatment.
9
(2)
Circumstances
in
which
an
elder’s
or
a
dependent
10
adult’s
caretaker,
acting
in
accordance
with
the
elder’s
or
11
dependent
adult’s
stated
or
implied
consent,
declines
medical
12
treatment
if
the
elder
or
dependent
adult
holds
a
belief
or
is
13
an
adherent
of
a
religion
whose
tenets
and
practices
call
for
14
reliance
on
spiritual
means
in
place
of
reliance
on
medical
15
treatment.
16
(3)
The
withholding
or
withdrawing
of
health
care
from
an
17
elder
or
a
dependent
adult
who
is
terminally
ill
in
the
opinion
18
of
a
licensed
physician,
when
the
withholding
or
withdrawing
19
of
health
care
is
done
at
the
request
of
the
elder
or
dependent
20
adult
or
at
the
request
of
the
elder’s
or
dependent
adult’s
21
next
of
kin,
attorney
in
fact,
or
guardian
pursuant
to
the
22
applicable
procedures
under
chapter
125,
144A,
144B,
222,
229,
23
or
633.
24
(4)
Good-faith
assistance
by
a
family
or
household
member
25
or
other
person
in
managing
the
financial
affairs
of
an
elder
26
or
dependent
adult
at
the
request
of
the
elder
or
a
dependent
27
adult,
or
a
family
member,
guardian,
or
conservator
of
the
28
elder
or
dependent
adult.
29
1.
2.
“Caretaker”
means
a
related
or
nonrelated
person
who
30
has
the
responsibility
for
all
or
a
portion
of
the
protection,
31
care,
or
custody
of
an
elder
or
a
dependent
adult
as
a
result
of
32
assuming
the
responsibility
voluntarily,
by
contract,
through
33
employment,
or
by
order
of
the
court.
34
2.
3.
“Court”
means
the
district
court.
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3.
4.
“Department”
means
the
department
of
human
services.
1
4.
5.
“Dependent
adult”
means
a
person
eighteen
years
2
of
age
or
older
who
is
unable
to
protect
the
person’s
own
3
interests
or
unable
to
adequately
perform
or
obtain
services
4
necessary
to
meet
essential
human
needs,
as
a
result
of
a
5
physical
or
mental
condition
which
requires
assistance
from
6
another,
or
as
defined
by
departmental
rule.
7
5.
a.
6.
“Dependent
adult
abuse”
means
:
abuse
of
a
8
dependent
adult.
9
(1)
Any
of
the
following
as
a
result
of
the
willful
or
10
negligent
acts
or
omissions
of
a
caretaker:
11
(a)
Physical
injury
to,
or
injury
which
is
at
a
variance
12
with
the
history
given
of
the
injury,
or
unreasonable
13
confinement,
unreasonable
punishment,
or
assault
of
a
dependent
14
adult.
15
(b)
The
commission
of
a
sexual
offense
under
chapter
709
or
16
section
726.2
with
or
against
a
dependent
adult.
17
(c)
Exploitation
of
a
dependent
adult
which
means
the
act
18
or
process
of
taking
unfair
advantage
of
a
dependent
adult
19
or
the
adult’s
physical
or
financial
resources
for
one’s
own
20
personal
or
pecuniary
profit,
without
the
informed
consent
21
of
the
dependent
adult,
including
theft,
by
the
use
of
undue
22
influence,
harassment,
duress,
deception,
false
representation,
23
or
false
pretenses.
24
(d)
The
deprivation
of
the
minimum
food,
shelter,
clothing,
25
supervision,
physical
or
mental
health
care,
or
other
care
26
necessary
to
maintain
a
dependent
adult’s
life
or
health.
27
(2)
The
deprivation
of
the
minimum
food,
shelter,
clothing,
28
supervision,
physical
or
mental
health
care,
and
other
care
29
necessary
to
maintain
a
dependent
adult’s
life
or
health
as
a
30
result
of
the
acts
or
omissions
of
the
dependent
adult.
31
(3)
(a)
Sexual
exploitation
of
a
dependent
adult
by
a
32
caretaker.
33
(b)
“Sexual
exploitation”
means
any
consensual
or
34
nonconsensual
sexual
conduct
with
a
dependent
adult
which
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includes
but
is
not
limited
to
kissing;
touching
of
the
clothed
1
or
unclothed
inner
thigh,
breast,
groin,
buttock,
anus,
pubes,
2
or
genitals;
or
a
sex
act,
as
defined
in
section
702.17
.
3
“Sexual
exploitation”
includes
the
transmission,
display,
taking
4
of
electronic
images
of
the
unclothed
breast,
groin,
buttock,
5
anus,
pubes,
or
genitals
of
a
dependent
adult
by
a
caretaker
6
for
a
purpose
not
related
to
treatment
or
diagnosis
or
as
7
part
of
an
ongoing
assessment,
evaluation,
or
investigation.
8
Sexual
exploitation
does
not
include
touching
which
is
part
9
of
a
necessary
examination,
treatment,
or
care
by
a
caretaker
10
acting
within
the
scope
of
the
practice
or
employment
of
the
11
caretaker;
the
exchange
of
a
brief
touch
or
hug
between
the
12
dependent
adult
and
a
caretaker
for
the
purpose
of
reassurance,
13
comfort,
or
casual
friendship;
or
touching
between
spouses.
14
b.
“Dependent
adult
abuse”
does
not
include
any
of
the
15
following:
16
(1)
Circumstances
in
which
the
dependent
adult
declines
17
medical
treatment
if
the
dependent
adult
holds
a
belief
or
is
18
an
adherent
of
a
religion
whose
tenets
and
practices
call
for
19
reliance
on
spiritual
means
in
place
of
reliance
on
medical
20
treatment.
21
(2)
Circumstances
in
which
the
dependent
adult’s
caretaker,
22
acting
in
accordance
with
the
dependent
adult’s
stated
or
23
implied
consent,
declines
medical
treatment
if
the
dependent
24
adult
holds
a
belief
or
is
an
adherent
of
a
religion
whose
25
tenets
and
practices
call
for
reliance
on
spiritual
means
in
26
place
of
reliance
on
medical
treatment.
27
(3)
The
withholding
or
withdrawing
of
health
care
from
28
a
dependent
adult
who
is
terminally
ill
in
the
opinion
of
a
29
licensed
physician,
when
the
withholding
or
withdrawing
of
30
health
care
is
done
at
the
request
of
the
dependent
adult
or
at
31
the
request
of
the
dependent
adult’s
next
of
kin,
attorney
in
32
fact,
or
guardian
pursuant
to
the
applicable
procedures
under
33
chapter
125
,
144A
,
144B
,
222
,
229
,
or
633
.
34
7.
“Elder”
means
a
resident
of
this
state
who
is
sixty-five
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years
of
age
or
older.
1
8.
“Elder
abuse”
means
abuse
of
an
elder.
2
6.
9.
“Emergency
shelter
services”
means
and
includes,
3
but
is
not
limited
to,
secure
crisis
shelters
or
housing
for
4
victims
of
elder
or
dependent
adult
abuse.
5
7.
10.
“Family
or
household
member”
means
a
spouse,
6
a
person
cohabiting
with
the
elder
or
dependent
adult,
a
7
parent,
or
a
person
related
to
the
elder
or
dependent
adult
by
8
consanguinity
or
affinity,
but
does
not
include
children
of
the
9
elder
or
dependent
adult
who
are
less
than
eighteen
years
of
10
age.
11
8.
11.
“Immediate
danger
to
health
or
safety”
means
12
a
situation
in
which
death
or
severe
bodily
injury
could
13
reasonably
be
expected
to
occur
without
intervention.
14
9.
12.
“Individual
employed
as
an
outreach
person”
means
a
15
natural
person
who,
in
the
course
of
employment,
makes
regular
16
contacts
with
elder
or
dependent
adults
regarding
available
17
community
resources.
18
10.
13.
“Legal
holiday”
means
a
legal
public
holiday
as
19
defined
in
section
1C.1
.
20
11.
14.
“Person”
means
person
as
defined
in
section
4.1
.
21
12.
15.
“Recklessly”
means
that
a
person
acts
or
fails
to
22
act
with
respect
to
a
material
element
of
a
public
offense,
23
when
the
person
is
aware
of
and
consciously
disregards
a
24
substantial
and
unjustifiable
risk
that
the
material
element
25
exists
or
will
result
from
the
act
or
omission.
The
risk
must
26
be
of
such
a
nature
and
degree
that
disregard
of
the
risk
27
constitutes
a
gross
deviation
from
the
standard
conduct
that
a
28
reasonable
person
would
observe
in
the
situation.
29
13.
16.
“Serious
injury”
means
the
same
as
defined
in
30
section
702.18
.
31
14.
17.
“Support
services”
includes
but
is
not
limited
32
to
community-based
services
including
area
agency
on
aging
33
assistance,
mental
health
services,
fiscal
management,
home
34
health
services,
housing-related
services,
counseling
services,
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transportation
services,
adult
day
services,
respite
services,
1
legal
services,
and
advocacy
services.
2
Sec.
3.
Section
235B.3,
Code
2014,
is
amended
to
read
as
3
follows:
4
235B.3
Dependent
Elder
and
dependent
adult
abuse
reports.
5
1.
a.
(1)
The
department
shall
receive
elder
and
6
dependent
adult
abuse
reports
and
shall
collect,
maintain,
and
7
disseminate
the
reports
by
establishing
a
central
registry
for
8
elder
and
dependent
adult
abuse
information.
The
department
9
shall
evaluate
the
reports
expeditiously.
10
(2)
However,
the
department
of
inspections
and
appeals
11
is
solely
responsible
for
the
evaluation
and
disposition
of
12
dependent
adult
abuse
cases
within
facilities
and
programs
13
pursuant
to
chapter
235E
and
shall
inform
the
department
of
14
human
services
of
such
evaluations
and
dispositions
pursuant
15
to
section
235E.2
.
16
(3)
If,
in
the
course
of
an
assessment
or
evaluation
of
a
17
report
of
elder
or
dependent
adult
abuse,
the
department
of
18
human
services
or
the
department
of
inspections
and
appeals
19
determines
the
case
involves
wages,
workplace
safety,
or
other
20
labor
and
employment
matters
under
the
jurisdiction
of
the
21
division
of
labor
services
of
the
department
of
workforce
22
development,
the
relevant
portions
of
the
case
shall
be
23
referred
to
the
division.
24
(4)
If,
in
the
course
of
an
assessment
or
evaluation
of
a
25
report
of
elder
or
dependent
adult
abuse,
the
department
of
26
human
services
or
the
department
of
inspections
and
appeals
27
determines
that
the
case
involves
discrimination
under
the
28
jurisdiction
of
the
civil
rights
commission,
the
relevant
29
portions
of
the
case
shall
be
referred
to
the
commission.
30
b.
Reports
of
elder
or
dependent
adult
abuse
which
is
are
31
the
result
of
the
acts
or
omissions
of
the
elder
or
dependent
32
adult
shall
be
collected
and
maintained
in
the
files
of
the
33
elder
or
dependent
adult
as
assessments
only
and
shall
not
be
34
included
in
the
central
registry.
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c.
A
report
of
elder
or
dependent
adult
abuse
that
meets
1
the
definition
of
dependent
adult
abuse
under
section
235B.2,
2
subsection
5
1
,
paragraph
“a”
,
subparagraph
(1),
subparagraph
3
division
(a)
or
(d),
which
the
department
determines
is
4
minor,
isolated,
and
unlikely
to
reoccur
shall
be
collected
5
and
maintained
by
the
department
as
an
assessment
only
for
6
a
five-year
period
and
shall
not
be
included
in
the
central
7
registry
and
shall
not
be
considered
to
be
founded
elder
or
8
dependent
adult
abuse.
However,
a
subsequent
report
of
elder
9
or
dependent
adult
abuse
that
meets
the
definition
of
elder
10
or
dependent
adult
abuse
under
section
235B.2,
subsection
5
11
1
,
paragraph
“a”
,
subparagraph
(1),
subparagraph
division
12
(a)
or
(d),
that
occurs
within
the
five-year
period
and
that
13
is
committed
by
the
caretaker
person
responsible
for
the
act
14
or
omission
which
was
the
subject
of
the
previous
report
of
15
elder
or
dependent
adult
abuse
which
the
department
determined
16
was
minor,
isolated,
and
unlikely
to
reoccur
shall
not
be
17
considered
minor,
isolated,
and
unlikely
to
reoccur.
18
2.
A
person
who,
in
the
course
of
employment,
examines,
19
attends,
counsels,
or
treats
a
an
elder
or
dependent
adult
and
20
reasonably
believes
the
elder
or
dependent
adult
has
suffered
21
abuse,
shall
report
the
suspected
elder
or
dependent
adult
22
abuse
to
the
department.
If
the
person
making
the
report
has
23
reason
to
believe
that
immediate
protection
for
the
elder
or
24
dependent
adult
is
advisable,
the
person
shall
also
make
an
25
oral
report
to
an
appropriate
law
enforcement
agency.
Persons
26
required
to
report
include
all
of
the
following:
27
a.
A
member
of
the
staff
of
a
community
mental
health
28
center.
29
b.
A
peace
officer.
30
c.
An
in-home
homemaker-home
health
aide.
31
d.
An
individual
employed
as
an
outreach
person.
32
e.
A
health
practitioner,
as
defined
in
section
232.68
.
33
f.
A
member
of
the
staff
or
an
employee
of
a
supported
34
community
living
service,
sheltered
workshop,
or
work
activity
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center.
1
g.
A
social
worker.
2
h.
A
certified
psychologist.
3
3.
a.
If
a
staff
member
or
employee
is
required
to
report
4
pursuant
to
this
section
,
the
person
shall
immediately
notify
5
the
department
and
shall
also
immediately
notify
the
person
in
6
charge
or
the
person’s
designated
agent.
7
b.
The
employer
or
supervisor
of
a
person
who
is
required
to
8
or
may
make
a
report
pursuant
to
this
section
shall
not
apply
a
9
policy,
work
rule,
or
other
requirement
that
interferes
with
10
the
person
making
a
report
of
elder
or
dependent
adult
abuse
11
or
that
results
in
the
failure
of
another
person
to
make
the
12
report.
13
4.
An
employee
of
a
financial
institution
may
report
14
suspected
financial
exploitation
of
an
elder
or
a
dependent
15
adult
to
the
department.
16
5.
Any
other
person
who
believes
that
an
elder
or
a
17
dependent
adult
has
suffered
abuse
may
report
the
suspected
18
abuse
to
the
department
of
human
services.
19
6.
Following
the
reporting
of
suspected
elder
or
dependent
20
adult
abuse,
the
department
of
human
services
or
an
agency
21
approved
by
the
department
shall
complete
an
assessment
of
22
necessary
services
and
shall
make
appropriate
referrals
for
23
receipt
of
these
services.
The
assessment
shall
include
24
interviews
with
the
elder
or
dependent
adult,
and,
if
25
appropriate,
with
the
alleged
perpetrator
of
the
elder
or
26
dependent
adult
abuse
and
with
any
person
believed
to
have
27
knowledge
of
the
circumstances
of
the
case.
The
department
28
may
provide
necessary
protective
services
and
may
establish
a
29
sliding
fee
schedule
for
those
persons
able
to
pay
a
portion
of
30
the
protective
services.
31
7.
Upon
a
showing
of
probable
cause
that
an
elder
or
32
a
dependent
adult
has
been
abused,
a
court
may
authorize
33
a
person,
also
authorized
by
the
department,
to
make
an
34
evaluation,
to
enter
the
residence
of,
and
to
examine
the
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elder
or
dependent
adult.
Upon
a
showing
of
probable
cause
1
that
an
elder
or
a
dependent
adult
has
been
financially
2
exploited,
a
court
may
authorize
a
person,
also
authorized
by
3
the
department,
to
make
an
evaluation,
and
to
gain
access
to
4
the
financial
records
of
the
elder
or
dependent
adult.
5
8.
If
the
department
determines
that
disclosure
is
6
necessary
for
the
protection
of
an
elder
or
a
dependent
adult,
7
the
department
may
disclose
to
a
subject
of
an
elder
or
a
8
dependent
adult
abuse
report
referred
to
in
section
235B.6,
9
subsection
2
,
paragraph
“a”
,
that
an
individual
is
listed
10
in
the
child
or
elder
and
dependent
adult
abuse
registry
or
11
is
required
to
register
with
the
sex
offender
registry
in
12
accordance
with
chapter
692A
.
13
9.
The
department
shall
inform
the
appropriate
county
14
attorneys
of
any
reports
of
elder
or
dependent
adult
abuse.
15
The
department
may
request
information
from
any
person
believed
16
to
have
knowledge
of
a
case
of
elder
or
dependent
adult
abuse.
17
The
person,
including
but
not
limited
to
a
county
attorney,
18
a
law
enforcement
agency,
a
multidisciplinary
team,
a
social
19
services
agency
in
the
state,
or
any
person
who
is
required
20
pursuant
to
subsection
2
to
report
elder
or
dependent
adult
21
abuse,
whether
or
not
the
person
made
the
specific
elder
or
22
dependent
adult
abuse
report,
shall
cooperate
and
assist
in
23
the
evaluation
upon
the
request
of
the
department.
If
the
24
department’s
assessment
reveals
that
elder
or
dependent
adult
25
abuse
exists
which
might
constitute
a
criminal
offense,
a
26
report
shall
be
made
to
the
appropriate
law
enforcement
agency.
27
County
attorneys
and
appropriate
law
enforcement
agencies
shall
28
also
take
any
other
lawful
action
necessary
or
advisable
for
29
the
protection
of
the
elder
or
dependent
adult.
30
a.
If,
upon
completion
of
the
evaluation
or
upon
referral
31
from
the
department
of
inspections
and
appeals,
the
department
32
determines
that
the
best
interests
of
the
elder
or
dependent
33
adult
require
court
action,
the
department
shall
initiate
34
action
for
the
appointment
of
a
guardian
or
conservator
or
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for
admission
or
commitment
to
an
appropriate
institution
1
or
facility
pursuant
to
the
applicable
procedures
under
2
chapter
125
,
222
,
229
,
or
633
,
or
shall
pursue
other
remedies
3
provided
by
law.
The
appropriate
county
attorney
shall
assist
4
the
department
in
the
preparation
of
the
necessary
papers
5
to
initiate
the
action
and
shall
appear
and
represent
the
6
department
at
all
district
court
proceedings.
7
b.
The
department
shall
assist
the
court
during
all
stages
8
of
court
proceedings
involving
a
suspected
case
of
elder
or
9
dependent
adult
abuse.
10
c.
In
every
case
involving
abuse
which
is
substantiated
11
by
the
department
and
which
results
in
a
judicial
proceeding
12
on
behalf
of
the
elder
or
dependent
adult,
legal
counsel
13
shall
be
appointed
by
the
court
to
represent
the
elder
or
14
dependent
adult
in
the
proceedings.
The
court
may
also
appoint
15
a
guardian
ad
litem
to
represent
the
elder
or
dependent
adult
16
if
necessary
to
protect
the
elder’s
or
dependent
adult’s
best
17
interests.
The
same
attorney
may
be
appointed
to
serve
both
as
18
legal
counsel
and
as
guardian
ad
litem.
Before
legal
counsel
19
or
a
guardian
ad
litem
is
appointed
pursuant
to
this
section
,
20
the
court
shall
require
the
elder
or
dependent
adult
and
any
21
person
legally
responsible
for
the
support
of
the
elder
or
22
dependent
adult
to
complete
under
oath
a
detailed
financial
23
statement.
If,
on
the
basis
of
that
financial
statement,
the
24
court
deems
that
the
elder
or
dependent
adult
or
the
legally
25
responsible
person
is
able
to
bear
all
or
a
portion
of
the
cost
26
of
the
legal
counsel
or
guardian
ad
litem,
the
court
shall
so
27
order.
In
cases
where
the
elder
or
dependent
adult
or
the
28
legally
responsible
person
is
unable
to
bear
the
cost
of
the
29
legal
counsel
or
guardian
ad
litem,
the
expense
shall
be
paid
30
by
the
county.
31
10.
A
person
participating
in
good
faith
in
reporting
or
32
cooperating
with
or
assisting
the
department
in
evaluating
33
a
case
of
elder
or
dependent
adult
abuse
has
immunity
from
34
liability,
civil
or
criminal,
which
might
otherwise
be
incurred
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or
imposed
based
upon
the
act
of
making
the
report
or
giving
1
the
assistance.
The
person
has
the
same
immunity
with
respect
2
to
participating
in
good
faith
in
a
judicial
proceeding
3
resulting
from
the
report
or
cooperation
or
assistance
or
4
relating
to
the
subject
matter
of
the
report,
cooperation,
or
5
assistance.
6
11.
It
shall
be
unlawful
for
any
person
or
employer
to
7
discharge,
suspend,
or
otherwise
discipline
a
person
required
8
to
report
or
voluntarily
reporting
an
instance
of
suspected
9
elder
or
dependent
adult
abuse
pursuant
to
subsection
2
or
10
5
,
or
cooperating
with,
or
assisting
the
department
of
human
11
services
in
evaluating
a
case
of
elder
or
dependent
adult
12
abuse,
or
participating
in
judicial
proceedings
relating
to
the
13
reporting
or
cooperation
or
assistance
based
solely
upon
the
14
person’s
reporting
or
assistance
relative
to
the
instance
of
15
elder
or
dependent
adult
abuse.
A
person
or
employer
found
in
16
violation
of
this
subsection
is
guilty
of
a
simple
misdemeanor.
17
12.
A
person
required
by
this
section
to
report
a
suspected
18
case
of
elder
or
dependent
adult
abuse
who
knowingly
and
19
willfully
fails
to
do
so
commits
a
simple
misdemeanor.
A
20
person
required
by
this
section
to
report
a
suspected
case
of
21
elder
or
dependent
adult
abuse
who
knowingly
fails
to
do
so
22
or
who
knowingly,
in
violation
of
subsection
3
,
interferes
23
with
the
making
of
such
a
report
or
applies
a
requirement
that
24
results
in
such
a
failure
is
civilly
liable
for
the
damages
25
proximately
caused
by
the
failure.
26
13.
The
department
of
inspections
and
appeals
shall
adopt
27
rules
which
require
facilities
or
programs
to
separate
an
28
alleged
elder
or
dependent
adult
abuser
from
a
victim
following
29
an
allegation
of
perpetration
of
abuse
and
prior
to
the
30
completion
of
an
investigation
of
the
allegation.
31
Sec.
4.
Section
235B.3A,
Code
2014,
is
amended
to
read
as
32
follows:
33
235B.3A
Prevention
of
additional
abuse
——
notification
of
34
rights.
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If
a
peace
officer
has
reason
to
believe
that
elder
or
1
dependent
adult
abuse,
which
is
criminal
in
nature,
has
2
occurred,
the
officer
shall
use
all
reasonable
means
to
3
prevent
further
abuse,
including
but
not
limited
to
any
of
the
4
following:
5
1.
If
requested,
remaining
on
the
scene
as
long
as
there
is
6
a
danger
to
the
elder’s
or
dependent
adult’s
physical
safety
7
without
the
presence
of
a
peace
officer,
including
but
not
8
limited
to
staying
in
the
dwelling
unit,
or
if
unable
to
remain
9
at
the
scene,
assisting
the
elder
or
dependent
adult
in
leaving
10
the
residence
and
securing
support
services
or
emergency
11
shelter
services.
12
2.
Assisting
the
elder
or
dependent
adult
in
obtaining
13
medical
treatment
necessitated
by
the
elder
or
dependent
adult
14
abuse,
including
providing
assistance
to
the
elder
or
dependent
15
adult
in
obtaining
transportation
to
the
emergency
room
of
the
16
nearest
hospital.
17
3.
Providing
a
the
elder
or
dependent
adult
with
immediate
18
and
adequate
notice
of
the
elder’s
or
dependent
adult’s
rights.
19
The
notice
shall
consist
of
handing
the
elder
or
dependent
20
adult
a
document
that
includes
the
telephone
numbers
of
21
shelters,
support
groups,
and
crisis
lines
operating
in
the
22
area
and
contains
a
copy
of
the
following
written
statement;
23
requesting
the
elder
or
dependent
adult
to
read
the
card;
24
and
asking
the
elder
or
dependent
adult
whether
the
elder
or
25
dependent
adult
understands
the
rights:
26
a.
You
have
the
right
to
ask
the
court
for
the
following
help
27
on
a
temporary
basis:
28
(1)
Keeping
the
alleged
perpetrator
away
from
you,
your
29
home,
and
your
place
of
work.
30
(2)
The
right
to
stay
at
your
home
without
interference
from
31
the
alleged
perpetrator.
32
(3)
Professional
counseling
for
you,
your
family,
or
33
household
members,
and
the
alleged
perpetrator
of
the
elder
or
34
dependent
adult
abuse.
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b.
If
you
are
in
need
of
medical
treatment,
you
have
the
1
right
to
request
that
the
peace
officer
present
assist
you
in
2
obtaining
transportation
to
the
nearest
hospital
or
otherwise
3
assist
you.
4
c.
If
you
believe
that
police
protection
is
needed
for
5
your
physical
safety,
you
have
the
right
to
request
that
the
6
peace
officer
present
remain
at
the
scene
until
you
and
other
7
affected
parties
can
leave
or
safety
is
otherwise
ensured.
8
Sec.
5.
Section
235B.4,
Code
2014,
is
amended
to
read
as
9
follows:
10
235B.4
Legislative
findings
and
purposes.
11
1.
The
general
assembly
finds
and
declares
that
a
central
12
registry
is
required
to
provide
a
single
source
for
the
13
statewide
collection,
maintenance,
and
dissemination
of
elder
14
and
dependent
adult
abuse
information.
Such
a
registry
is
15
imperative
for
increased
effectiveness
in
dealing
with
the
16
problem
of
elder
and
dependent
adult
abuse.
The
general
17
assembly
also
finds
that
vigorous
protection
of
rights
of
18
individual
privacy
is
an
indispensable
element
of
a
fair
and
19
effective
system
of
collecting,
maintaining,
and
disseminating
20
elder
and
dependent
adult
abuse
information.
21
2.
The
purposes
of
this
section
and
sections
235B.5
to
22
235B.13
are
to
facilitate
the
identification
of
victims
or
23
potential
victims
of
elder
or
dependent
adult
abuse
by
making
24
available
a
single,
statewide
source
of
elder
and
dependent
25
adult
abuse
data;
to
facilitate
research
on
elder
and
dependent
26
adult
abuse
by
making
available
a
single,
statewide
source
of
27
elder
and
dependent
adult
abuse
data;
and
to
provide
maximum
28
safeguards
against
the
unwarranted
invasions
of
privacy
which
29
such
a
registry
might
otherwise
entail.
30
Sec.
6.
Section
235B.5,
Code
2014,
is
amended
to
read
as
31
follows:
32
235B.5
Creation
and
maintenance
of
a
central
registry.
33
1.
There
is
created
within
the
department
a
central
34
registry
for
elder
and
dependent
adult
abuse
information.
The
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department
shall
organize
and
staff
the
registry
and
adopt
1
rules
for
its
operation.
2
2.
The
registry
shall
collect,
maintain,
and
disseminate
3
elder
and
dependent
adult
abuse
information
as
provided
in
this
4
chapter
.
5
3.
The
department
shall
maintain
a
toll-free
telephone
6
line,
which
shall
be
available
on
a
twenty-four-hour-a-day,
7
seven-day-a-week
basis
and
which
the
department
and
all
other
8
persons
may
use
to
report
cases
of
suspected
elder
or
dependent
9
adult
abuse
and
that
all
persons
authorized
by
this
chapter
may
10
use
for
obtaining
elder
and
dependent
adult
abuse
information.
11
4.
An
oral
report
of
suspected
elder
or
dependent
adult
12
abuse
initially
made
to
the
central
registry
shall
be
13
immediately
transmitted
by
the
department
to
the
appropriate
14
county
department
of
human
services
or
law
enforcement
agency,
15
or
both.
16
5.
An
oral
report
of
suspected
elder
or
dependent
adult
17
abuse
initially
made
to
the
central
registry
regarding
a
18
facility
or
program
as
defined
in
section
235E.1
shall
be
19
transmitted
by
the
department
to
the
department
of
inspections
20
and
appeals
on
the
first
working
day
following
the
submitting
21
of
the
report.
22
6.
The
registry,
upon
receipt
of
a
report
of
suspected
23
elder
or
dependent
adult
abuse,
shall
search
the
records
of
24
the
registry,
and
if
the
records
of
the
registry
reveal
any
25
previous
report
of
elder
or
dependent
adult
abuse
involving
26
the
same
elder
or
dependent
adult
or
if
the
records
reveal
any
27
other
pertinent
information
with
respect
to
the
same
elder
or
28
dependent
adult,
the
appropriate
office
of
the
department
of
29
human
services
or
the
appropriate
law
enforcement
agency
shall
30
be
immediately
notified
of
that
fact.
31
7.
The
central
registry
shall
include
but
not
be
limited
to
32
report
data,
investigation
data,
and
disposition
data.
33
Sec.
7.
Section
235B.6,
Code
2014,
is
amended
to
read
as
34
follows:
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235B.6
Authorized
access.
1
1.
Notwithstanding
chapter
22
,
the
confidentiality
of
2
all
elder
and
dependent
adult
abuse
information
shall
be
3
maintained,
except
as
specifically
provided
by
subsections
2
4
and
3
.
5
2.
Access
to
elder
and
dependent
adult
abuse
information
6
other
than
unfounded
elder
or
dependent
adult
abuse
information
7
is
authorized
only
to
the
following
persons:
8
a.
A
subject
of
a
report
including
all
of
the
following:
9
(1)
To
an
elder
or
a
dependent
adult
named
in
a
report
as
10
a
victim
of
abuse
or
to
the
elder’s
or
a
dependent
adult’s
11
attorney
or
guardian
ad
litem.
12
(2)
To
a
guardian
or
legal
custodian,
or
that
person’s
13
attorney,
of
an
elder
or
a
dependent
adult
named
in
a
report
as
14
a
victim
of
abuse.
15
(3)
To
the
person
or
the
attorney
for
the
person
named
in
a
16
report
as
having
abused
an
elder
or
a
dependent
adult.
17
b.
A
person
involved
in
an
investigation
of
elder
or
18
dependent
adult
abuse
including
all
of
the
following:
19
(1)
A
health
practitioner
or
mental
health
professional
who
20
is
examining,
attending,
or
treating
an
elder
or
a
dependent
21
adult
whom
such
practitioner
or
professional
believes
or
has
22
reason
to
believe
has
been
the
victim
of
abuse
or
to
a
health
23
practitioner
or
mental
health
professional
whose
consultation
24
with
respect
to
an
elder
or
a
dependent
adult
believed
to
have
25
been
the
victim
of
abuse
is
requested
by
the
department.
26
(2)
An
employee
or
agent
of
the
department
responsible
for
27
the
investigation
of
an
elder
or
a
dependent
adult
abuse
report
28
or
for
the
purpose
of
performing
record
checks
as
required
29
under
section
135C.33
.
30
(3)
A
representative
of
the
department
involved
in
the
31
certification
or
accreditation
of
an
agency
or
program
32
providing
care
or
services
to
an
elder
or
a
dependent
adult
33
believed
to
have
been
a
victim
of
abuse.
34
(4)
A
law
enforcement
officer
responsible
for
assisting
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in
an
investigation
of
an
elder
or
a
dependent
adult
abuse
1
allegation.
2
(5)
A
multidisciplinary
team,
if
the
department
of
human
3
services
approves
the
composition
of
the
multidisciplinary
team
4
and
determines
that
access
to
the
team
is
necessary
to
assist
5
the
department
in
the
investigation,
diagnosis,
assessment,
and
6
disposition
of
a
case
of
elder
or
dependent
adult
abuse.
7
(6)
The
mandatory
reporter
who
reported
the
elder
or
8
dependent
adult
abuse
in
an
individual
case.
9
(7)
Each
board
specified
under
chapter
147
and
the
Iowa
10
department
of
public
health
for
the
purpose
of
licensure,
11
certification
or
registration,
disciplinary
investigation,
or
12
the
renewal
of
licensure,
certification
or
registration,
or
13
disciplinary
proceedings
of
health
care
professionals.
14
c.
A
person
providing
care
to
an
elder
or
a
dependent
adult
15
including
all
of
the
following:
16
(1)
A
licensing
authority
for
a
facility,
including
a
17
facility
or
program
defined
in
section
235E.1
,
providing
care
18
to
an
elder
or
a
dependent
adult
named
in
a
report.
19
(2)
A
person
authorized
as
responsible
for
the
care
or
20
supervision
of
an
elder
or
a
dependent
adult
named
in
a
report
21
as
a
victim
of
abuse
or
a
person
named
in
a
report
as
having
22
abused
an
elder
or
a
dependent
adult
if
the
court
or
registry
23
deems
access
to
elder
or
dependent
adult
abuse
information
by
24
such
person
to
be
necessary.
25
(3)
An
employee
or
agent
of
the
department
responsible
26
for
registering
or
licensing
or
approving
the
registration
or
27
licensing
of
a
person,
or
to
an
individual
a
person
providing
28
care
to
an
elder
or
a
dependent
adult
and
regulated
by
the
29
department.
30
(4)
The
legally
authorized
protection
and
advocacy
agency
31
recognized
pursuant
to
section
135C.2
if
a
person
identified
in
32
the
information
as
a
victim
or
a
perpetrator
of
abuse
resided
33
in
or
receives
services
from
a
facility,
including
a
facility
34
or
program
defined
in
section
235E.1
,
or
agency
because
the
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person
is
diagnosed
as
having
a
developmental
disability
or
a
1
mental
illness.
2
(5)
To
an
administrator
of
an
agency
certified
by
the
3
department
of
human
services
to
provide
services
under
a
4
medical
assistance
home
and
community-based
services
waiver,
5
if
the
information
concerns
a
person
employed
by
or
being
6
considered
by
the
agency
for
employment.
7
(6)
To
the
administrator
of
an
agency
providing
mental
8
health,
intellectual
disability,
or
developmental
disability
9
services
under
a
county
management
plan
developed
pursuant
to
10
section
331.439
,
if
the
information
concerns
a
person
employed
11
by
or
being
considered
by
the
agency
for
employment.
12
(7)
To
an
administrator
of
a
hospital
licensed
under
chapter
13
135B
if
the
data
concerns
a
person
employed
or
being
considered
14
for
employment
by
the
hospital.
15
(8)
An
employee
of
an
agency
requested
by
the
department
16
to
provide
case
management
or
other
services
to
the
elder
or
17
dependent
adult.
18
d.
Relating
to
judicial
and
administrative
proceedings,
19
persons
including
all
of
the
following:
20
(1)
A
court
upon
a
finding
that
information
is
necessary
21
for
the
resolution
of
an
issue
arising
in
any
phase
of
a
case
22
involving
elder
or
dependent
adult
abuse.
23
(2)
A
court
or
agency
hearing
an
appeal
for
correction
24
of
elder
or
dependent
adult
abuse
information
as
provided
in
25
section
235B.10
.
26
(3)
An
expert
witness
or
a
witness
who
testifies
at
any
27
stage
of
an
appeal
necessary
for
correction
of
elder
or
28
dependent
adult
abuse
information
as
provided
in
section
29
235B.10
.
30
(4)
A
court
or
administrative
agency
making
a
determination
31
regarding
an
unemployment
compensation
claim
pursuant
to
32
section
96.6
.
33
e.
Other
persons
including
all
of
the
following:
34
(1)
A
person
conducting
bona
fide
research
on
elder
or
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dependent
adult
abuse,
but
without
information
identifying
1
individuals
named
in
an
elder
or
a
dependent
adult
abuse
2
report,
unless
having
that
information
open
to
review
is
3
essential
to
the
research
or
evaluation
and
the
authorized
4
registry
officials
give
prior
written
approval
and
the
elder
or
5
dependent
adult,
the
elder’s
or
dependent
adult’s
guardian
or
6
guardian
ad
litem,
and
the
person
named
in
a
report
as
having
7
abused
an
elder
or
a
dependent
adult
give
permission
to
release
8
the
information.
9
(2)
Registry
or
department
personnel
when
necessary
to
the
10
performance
of
their
official
duties
or
a
person
or
agency
11
under
contract
with
the
department
to
carry
out
official
duties
12
and
functions
of
the
registry.
13
(3)
The
department
of
justice
for
the
sole
purpose
of
the
14
filing
of
a
claim
for
reparation
pursuant
to
sections
915.21
15
and
915.84
.
16
(4)
A
legally
constituted
adult
protection
agency
of
17
another
state
which
is
investigating
or
treating
an
elder
or
a
18
dependent
adult
named
in
a
report
as
having
been
abused.
19
(5)
The
attorney
for
the
department
who
is
responsible
for
20
representing
the
department.
21
(6)
A
health
care
facility
administrator
or
the
22
administrator’s
designee,
following
the
appeals
process,
for
23
the
purpose
of
hiring
staff
or
continued
employment
of
staff.
24
(7)
To
the
administrator
of
an
agency
providing
care
to
an
25
elder
or
a
dependent
adult
in
another
state,
for
the
purpose
of
26
performing
an
employment
background
check.
27
(8)
To
the
superintendent,
or
the
superintendent’s
28
designee,
of
a
school
district
or
to
the
authorities
in
charge
29
of
an
accredited
nonpublic
school
for
purposes
of
a
volunteer
30
or
employment
record
check.
31
(9)
The
department
of
inspections
and
appeals
for
purposes
32
of
record
checks
of
applicants
for
employment
with
the
33
department
of
inspections
and
appeals.
34
(10)
The
state
or
a
local
long-term
care
ombudsman
if
the
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victim
resides
in
or
the
alleged
perpetrator
is
an
employee
of
1
a
long-term
care
facility
as
defined
in
section
231.4
.
2
(11)
The
state
office
or
a
local
office
of
substitute
3
decision
maker
as
defined
in
section
231E.3
,
if
the
information
4
relates
to
the
provision
of
legal
services
for
a
client
served
5
by
the
state
or
local
office
of
substitute
decision
maker.
6
(12)
A
nursing
program
that
is
approved
by
the
state
board
7
of
nursing
under
section
152.5
,
if
the
information
relates
to
a
8
record
check
performed
pursuant
to
section
152.5
.
9
(13)
To
the
board
of
educational
examiners
created
under
10
chapter
272
for
purposes
of
determining
whether
a
license,
11
certificate,
or
authorization
should
be
issued,
denied,
or
12
revoked.
13
(14)
The
department
on
aging
for
the
purposes
of
conducting
14
background
checks
of
applicants
for
employment
with
the
15
department
on
aging.
16
(15)
To
the
Iowa
veterans
home
for
purposes
of
record
checks
17
of
potential
volunteers
and
volunteers
in
the
Iowa
veterans
18
home.
19
(16)
To
the
administrator
of
a
certified
nurse
aide
program,
20
if
the
data
relates
to
a
record
check
of
a
student
of
the
21
program
performed
pursuant
to
section
135C.33
.
22
(17)
To
the
administrator
of
a
juvenile
detention
or
shelter
23
care
home,
if
the
data
relates
to
a
record
check
of
an
existing
24
or
prospective
employee,
resident,
or
volunteer
for
or
in
the
25
home.
26
(18)
To
the
employer
or
prospective
employer
of
a
school
bus
27
driver
for
purposes
of
an
employment
record
check.
28
f.
To
a
person
who
submits
written
authorization
from
29
an
individual
allowing
the
person
access
to
information
on
30
the
determination
only
on
whether
or
not
the
individual
who
31
authorized
the
access
is
named
in
a
founded
elder
or
dependent
32
adult
abuse
report
as
having
abused
an
elder
or
a
dependent
33
adult.
34
3.
Access
to
unfounded
elder
or
dependent
adult
abuse
35
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information
is
authorized
only
to
those
persons
identified
in
1
subsection
2
,
paragraph
“a”
,
paragraph
“b”
,
subparagraphs
(2),
2
(5),
and
(6),
and
paragraph
“e”
,
subparagraphs
(2)
and
(10).
3
Sec.
8.
Section
235B.7,
Code
2014,
is
amended
to
read
as
4
follows:
5
235B.7
Requests
for
elder
or
dependent
adult
abuse
6
information.
7
1.
Requests
for
elder
or
dependent
adult
abuse
information
8
shall
be
in
writing
on
forms
prescribed
by
the
department,
9
except
as
otherwise
provided
by
subsection
2
.
Request
forms
10
shall
require
information
sufficient
to
demonstrate
authorized
11
access.
12
2.
Requests
for
elder
or
dependent
adult
abuse
information
13
may
be
made
orally
by
telephone
if
a
person
making
the
request
14
believes
that
the
information
is
needed
immediately
and
if
15
information
sufficient
to
demonstrate
authorized
access
is
16
provided.
If
a
request
is
made
orally
by
telephone,
a
written
17
request
form
shall
be
filed
within
seventy-two
hours
of
the
18
oral
request.
19
3.
Subsections
1
and
2
do
not
apply
to
elder
or
dependent
20
adult
abuse
information
that
is
disseminated
to
an
employee
of
21
the
department
or
to
the
attorney
representing
the
department
22
as
authorized
by
section
235B.6
.
23
Sec.
9.
Section
235B.8,
Code
2014,
is
amended
to
read
as
24
follows:
25
235B.8
Redissemination
of
elder
or
dependent
adult
abuse
26
information.
27
1.
A
recipient
of
elder
or
dependent
adult
abuse
information
28
authorized
to
receive
the
information
shall
not
redisseminate
29
the
information,
except
that
redissemination
shall
be
permitted
30
when
all
of
the
following
conditions
apply:
31
a.
The
redissemination
is
for
official
purposes
in
32
connection
with
prescribed
duties
or,
in
the
case
of
a
health
33
practitioner,
pursuant
to
professional
responsibilities.
34
b.
The
person
to
whom
such
information
would
be
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redisseminated
would
have
independent
access
to
the
same
1
information
under
section
235B.6
.
2
c.
A
written
record
is
made
of
the
redissemination,
3
including
the
name
of
the
recipient
and
the
date
and
purpose
4
of
the
redissemination.
5
d.
The
written
record
is
forwarded
to
the
registry
within
6
thirty
days
of
the
redissemination.
7
2.
The
department
may
notify,
orally,
the
mandatory
8
reporter
in
an
individual
elder
or
dependent
adult
abuse
9
case
of
the
results
of
the
case
investigation
and
of
the
10
confidentiality
provisions
of
sections
235B.6
and
235B.12
.
11
The
department
shall
subsequently
transmit
a
written
notice
12
to
the
mandatory
reporter
of
the
results
and
confidentiality
13
provisions.
A
copy
of
the
written
notice
shall
be
transmitted
14
to
the
registry
and
shall
be
maintained
by
the
registry
as
15
provided
in
section
235B.9
.
16
Sec.
10.
Section
235B.9,
Code
2014,
is
amended
to
read
as
17
follows:
18
235B.9
Sealing
and
expungement
of
elder
or
dependent
adult
19
abuse
information.
20
1.
Dependent
Elder
and
dependent
adult
abuse
information
21
which
is
determined
by
a
preponderance
of
the
evidence
to
22
be
founded,
shall
be
sealed
ten
years
after
the
receipt
of
23
the
initial
report
of
such
abuse
by
the
registry
unless
good
24
cause
is
shown
why
the
information
should
remain
open
to
25
authorized
access.
If
a
subsequent
report
of
founded
elder
26
or
dependent
adult
abuse
involving
the
elder
or
dependent
27
adult
named
in
the
initial
report
as
the
victim
of
abuse
or
28
a
person
named
in
such
report
as
having
abused
an
elder
or
a
29
dependent
adult
is
received
by
the
registry
within
the
ten-year
30
period,
the
information
shall
be
sealed
ten
years
after
receipt
31
of
the
subsequent
report
unless
good
cause
is
shown
why
the
32
information
should
remain
open
to
authorized
access.
33
2.
a.
Dependent
Elder
or
dependent
adult
abuse
reports
34
that
are
rejected
for
evaluation,
assessment,
or
disposition
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for
failure
to
meet
the
definition
of
elder
or
dependent
adult
1
abuse
shall
be
expunged
three
years
from
the
rejection
date.
2
b.
Dependent
Elder
or
dependent
adult
abuse
information
3
which
is
determined
by
a
preponderance
of
the
evidence
to
be
4
unfounded
shall
be
expunged
five
years
from
the
date
it
is
5
determined
to
be
unfounded.
6
3.
However,
if
a
correction
of
elder
or
dependent
adult
7
abuse
information
is
requested
under
section
235B.10
and
the
8
issue
is
not
resolved
at
the
end
of
one
year
the
information
9
shall
be
retained
until
the
issue
is
resolved
and
if
the
elder
10
or
dependent
adult
abuse
information
is
not
determined
to
be
11
founded,
the
information
shall
be
expunged
one
year
from
the
12
date
it
is
determined
to
be
unfounded.
13
4.
The
registry,
at
least
annually,
shall
review
and
14
determine
the
current
status
of
elder
or
dependent
adult
abuse
15
reports
which
are
at
least
one
year
old
and
in
connection
with
16
which
no
investigatory
report
has
been
filed
by
the
department.
17
If
no
investigatory
report
has
been
filed,
the
registry
shall
18
request
the
department
to
file
a
report.
If
a
report
is
not
19
filed
within
ninety
days
subsequent
to
a
request,
the
report
20
and
relative
information
shall
be
sealed
and
remain
sealed
21
unless
good
cause
is
shown
why
the
information
should
remain
22
open
to
authorized
access.
23
5.
Dependent
Elder
or
dependent
adult
abuse
information
24
which
is
determined
to
be
minor,
isolated,
and
unlikely
to
25
reoccur
shall
be
expunged
five
years
after
the
receipt
of
the
26
initial
report
by
the
department.
If
a
subsequent
report
of
27
elder
or
dependent
adult
abuse
committed
by
the
caretaker
28
person
responsible
for
the
act
or
omission
which
was
the
29
subject
of
the
previous
report
of
elder
or
dependent
adult
30
abuse
which
the
department
determined
was
minor,
isolated,
and
31
unlikely
to
reoccur
is
received
by
the
department
within
the
32
five-year
period,
the
information
shall
be
sealed
ten
years
33
after
receipt
of
the
subsequent
report
unless
good
cause
can
34
be
shown
why
the
information
should
remain
open
to
authorized
35
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access.
1
Sec.
11.
Section
235B.10,
Code
2014,
is
amended
to
read
as
2
follows:
3
235B.10
Examination,
requests
for
correction
or
expungement
4
and
appeal.
5
1.
Any
person
or
that
person’s
attorney
shall
have
the
6
right
to
examine
elder
and
dependent
adult
abuse
information
7
in
the
registry
which
refers
to
that
person.
The
registry
may
8
prescribe
reasonable
hours
and
places
of
examination.
9
2.
A
person
may
file
with
the
department
within
six
months
10
of
the
date
of
the
notice
of
the
results
of
an
investigation,
11
a
written
statement
to
the
effect
that
elder
or
dependent
12
adult
abuse
information
referring
to
the
person
is
in
whole
13
or
in
part
erroneous,
and
may
request
a
correction
of
that
14
information
or
of
the
findings
of
the
investigation
report.
15
The
department
shall
provide
the
person
with
an
opportunity
for
16
an
evidentiary
hearing
pursuant
to
chapter
17A
to
correct
the
17
information
or
the
findings,
unless
the
department
corrects
the
18
information
or
findings
as
requested.
The
department
shall
19
delay
the
expungement
of
information
which
is
not
determined
20
to
be
founded
until
the
conclusion
of
a
proceeding
to
correct
21
the
information
or
findings.
The
department
may
defer
the
22
hearing
until
the
conclusion
of
a
court
case
relating
to
the
23
information
or
findings.
24
3.
The
decision
resulting
from
the
hearing
may
be
appealed
25
to
the
court
of
Polk
county
by
the
person
requesting
the
26
correction
or
to
the
court
of
the
district
in
which
the
person
27
resides.
Immediately
upon
appeal
the
court
shall
order
the
28
department
to
file
with
the
court
a
certified
copy
of
the
elder
29
or
dependent
adult
abuse
information.
Appeal
shall
be
taken
30
in
accordance
with
chapter
17A
.
31
4.
Upon
the
request
of
the
appellant,
the
record
and
32
evidence
in
such
cases
shall
be
closed
to
all
but
the
court
33
and
its
officers,
and
access
to
the
record
and
evidence
shall
34
be
prohibited
unless
otherwise
ordered
by
the
court.
The
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clerk
shall
maintain
a
separate
docket
for
such
actions.
A
1
person
other
than
the
appellant
shall
not
permit
a
copy
of
2
the
testimony
or
pleadings
or
the
substance
of
the
testimony
3
or
pleadings
to
be
made
available
to
any
person
other
than
a
4
party
to
the
action
or
the
party’s
attorney.
Violation
of
5
the
provisions
of
this
subsection
shall
be
a
public
offense
6
punishable
under
section
235B.12
.
7
5.
If
the
registry
corrects
or
eliminates
information
as
8
requested
or
as
ordered
by
the
court,
the
registry
shall
advise
9
all
persons
who
have
received
the
incorrect
information
of
the
10
fact.
Upon
application
to
the
court
and
service
of
notice
on
11
the
registry,
an
individual
a
person
may
request
and
obtain
a
12
list
of
all
persons
who
have
received
elder
or
dependent
adult
13
abuse
information
referring
to
the
individual
person
.
14
6.
In
the
course
of
any
proceeding
provided
for
by
this
15
section
,
the
identity
of
the
person
who
reported
the
disputed
16
information
and
the
identity
of
any
person
who
has
been
17
reported
as
having
abused
an
elder
or
a
dependent
adult
may
be
18
withheld
upon
a
determination
by
the
registry
that
disclosure
19
of
the
person’s
identity
would
be
detrimental
to
the
person’s
20
interest.
21
Sec.
12.
Section
235B.11,
Code
2014,
is
amended
to
read
as
22
follows:
23
235B.11
Civil
remedy.
24
Any
aggrieved
person
may
institute
a
civil
action
25
for
damages
under
chapter
669
or
670
or
to
restrain
the
26
dissemination
of
elder
or
dependent
adult
abuse
information
27
in
violation
of
this
chapter
,
and
any
person
proven
to
have
28
disseminated
or
to
have
requested
and
received
elder
or
29
dependent
adult
abuse
information
in
violation
of
this
chapter
30
shall
be
liable
for
actual
damages
and
exemplary
damages
for
31
each
violation
and
shall
be
liable
for
court
costs,
expenses,
32
and
reasonable
attorney’s
fees
incurred
by
the
party
bringing
33
the
action.
In
no
case
shall
the
award
for
damages
be
less
than
34
five
hundred
dollars.
35
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Sec.
13.
Section
235B.12,
Code
2014,
is
amended
to
read
as
1
follows:
2
235B.12
Criminal
penalties.
3
1.
Any
person
who
willfully
requests,
obtains,
or
seeks
4
to
obtain
elder
or
dependent
adult
abuse
information
under
5
false
pretenses,
or
who
willfully
communicates
or
seeks
to
6
communicate
elder
or
dependent
adult
abuse
information
to
7
any
person
except
in
accordance
with
sections
235B.6
through
8
235B.8
,
or
any
person
connected
with
any
research
authorized
9
pursuant
to
section
235B.6
who
willfully
falsifies
elder
or
10
dependent
adult
abuse
information
or
any
records
relating
to
11
the
information
is
guilty
of
a
serious
misdemeanor.
Any
person
12
who
knowingly,
but
without
criminal
purposes,
communicates
or
13
seeks
to
communicate
elder
or
dependent
adult
abuse
information
14
except
in
accordance
with
sections
235B.6
through
235B.8
is
15
guilty
of
a
simple
misdemeanor.
16
2.
Any
reasonable
grounds
for
belief
that
a
person
has
17
violated
any
provision
of
this
chapter
is
grounds
for
the
18
immediate
withdrawal
of
any
authorized
access
the
person
might
19
otherwise
have
to
elder
or
dependent
adult
abuse
information.
20
Sec.
14.
Section
235B.13,
Code
2014,
is
amended
to
read
as
21
follows:
22
235B.13
Registry
reports.
23
1.
The
registry
may
compile
statistics,
conduct
research,
24
and
issue
reports
on
elder
and
dependent
adult
abuse,
provided
25
identifying
details
of
the
subjects
of
elder
or
dependent
adult
26
abuse
reports
are
deleted
from
any
report
issued.
27
2.
The
registry
shall
issue
an
annual
report
on
its
28
administrative
operation,
including
information
as
to
the
29
number
of
requests
for
elder
or
dependent
adult
abuse
data,
the
30
proportion
of
requests
attributable
to
each
type
of
authorized
31
access,
the
frequency
and
nature
of
irregularities,
and
other
32
pertinent
matters.
33
Sec.
15.
Section
235B.16,
Code
2014,
is
amended
to
read
as
34
follows:
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235B.16
Information,
education,
and
training
requirements.
1
1.
The
department
on
aging,
in
cooperation
with
the
2
department,
shall
conduct
a
public
information
and
education
3
program.
The
elements
and
goals
of
the
program
include
but
are
4
not
limited
to:
5
a.
Informing
the
public
regarding
the
laws
governing
elder
6
and
dependent
adult
abuse
and
the
reporting
requirements
for
7
dependent
adult
abuse.
8
b.
Providing
caretakers
with
information
regarding
services
9
to
alleviate
the
emotional,
psychological,
physical,
or
10
financial
stress
associated
with
the
caretaker
and
elder
or
11
dependent
adult
relationship.
12
c.
Affecting
public
attitudes
regarding
the
role
of
an
elder
13
or
a
dependent
adult
in
society.
14
2.
The
department,
in
cooperation
with
the
department
on
15
aging
and
the
department
of
inspections
and
appeals,
shall
16
institute
a
program
of
education
and
training
for
persons,
17
including
members
of
provider
groups
and
family
members,
who
18
may
come
in
contact
with
elder
or
dependent
adult
abuse.
19
The
program
shall
include
but
is
not
limited
to
instruction
20
regarding
recognition
of
elder
and
dependent
adult
abuse
and
21
the
procedure
for
the
reporting
of
suspected
abuse.
22
3.
The
content
of
the
continuing
education
required
23
pursuant
to
chapter
272C
for
a
licensed
professional
providing
24
care
or
service
to
an
elder
or
a
dependent
adult
shall
include
,
25
but
is
not
limited
to
,
the
responsibilities,
obligations,
26
powers,
and
duties
of
a
person
regarding
the
reporting
of
27
suspected
elder
or
dependent
adult
abuse,
and
training
to
aid
28
the
professional
in
identifying
instances
of
elder
or
dependent
29
adult
abuse.
30
4.
The
department
of
inspections
and
appeals
shall
provide
31
training
to
investigators
regarding
the
collection
and
32
preservation
of
evidence
in
the
case
of
suspected
elder
or
33
dependent
adult
abuse.
34
5.
a.
For
the
purposes
of
this
subsection
,
“licensing
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board”
means
a
board
designated
in
section
147.13
,
the
board
of
1
educational
examiners
created
in
section
272.2
,
or
a
licensing
2
board
as
defined
in
section
272C.1
.
3
b.
A
person
required
to
report
cases
of
elder
or
dependent
4
adult
abuse
pursuant
to
sections
235B.3
and
235E.2
,
other
than
5
a
physician
whose
professional
practice
does
not
regularly
6
involve
providing
primary
health
care
to
adults,
shall
complete
7
two
hours
of
training
relating
to
the
identification
and
8
reporting
of
elder
or
dependent
adult
abuse
within
six
months
9
of
initial
employment
or
self-employment
which
involves
the
10
examination,
attending,
counseling,
or
treatment
of
adults
on
11
a
regular
basis.
Within
one
month
of
initial
employment
or
12
self-employment,
the
person
shall
obtain
a
statement
of
the
13
elder
and
dependent
adult
abuse
reporting
requirements
from
the
14
person’s
employer
or,
if
self-employed,
from
the
department.
15
The
person
shall
complete
at
least
two
hours
of
additional
16
elder
and
dependent
adult
abuse
identification
and
reporting
17
training
every
five
years.
18
c.
If
the
person
is
an
employee
of
a
hospital
or
similar
19
public
or
private
facility,
the
employer
shall
be
responsible
20
for
providing
the
training.
To
the
extent
that
the
employer
21
provides
approved
training
on
the
employer’s
premises,
the
22
hours
of
training
completed
by
employees
shall
be
included
in
23
the
calculation
of
nursing
or
service
hours
required
to
be
24
provided
to
a
patient
or
resident
per
day.
If
the
person
is
25
self-employed,
employed
in
a
licensed
or
certified
profession,
26
or
employed
by
a
facility
or
program
that
is
subject
to
27
licensure,
regulation,
or
approval
by
a
state
agency,
the
28
person
shall
obtain
the
training
as
provided
in
paragraph
“d”
.
29
d.
The
person
may
complete
the
initial
or
additional
30
training
requirements
as
a
part
of
any
of
the
following
that
31
are
applicable
to
the
person:
32
(1)
A
continuing
education
program
required
under
chapter
33
272C
and
approved
by
the
appropriate
licensing
board.
34
(2)
A
training
program
using
a
curriculum
approved
by
the
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director
of
public
health
pursuant
to
section
135.11
.
1
(3)
A
training
program
using
such
an
approved
curriculum
2
offered
by
the
department
of
human
services,
the
department
on
3
aging,
the
department
of
inspections
and
appeals,
the
Iowa
law
4
enforcement
academy,
or
a
similar
public
agency.
5
e.
A
person
required
to
complete
both
child
abuse
and
elder
6
and
dependent
adult
abuse
mandatory
reporter
training
may
7
complete
the
training
through
a
program
which
combines
child
8
abuse
and
elder
and
dependent
adult
abuse
curricula
and
thereby
9
meet
the
training
requirements
of
both
this
subsection
and
10
section
232.69
simultaneously.
A
person
who
is
a
mandatory
11
reporter
for
both
child
abuse
and
elder
and
dependent
adult
12
abuse
may
satisfy
the
combined
training
requirements
of
this
13
subsection
and
section
232.69
through
completion
of
a
two-hour
14
training
program,
if
the
training
program
curriculum
is
15
approved
by
the
appropriate
licensing
board
or
the
director
of
16
public
health
pursuant
to
section
135.11
.
17
f.
A
licensing
board
with
authority
over
the
license
of
a
18
person
required
to
report
cases
of
elder
and
dependent
adult
19
abuse
pursuant
to
sections
235B.3
and
235E.2
shall
require
as
a
20
condition
of
licensure
that
the
person
is
in
compliance
with
21
the
requirements
for
abuse
training
under
this
subsection
.
22
The
licensing
board
shall
require
the
person
upon
licensure
23
renewal
to
accurately
document
for
the
licensing
board
the
24
person’s
completion
of
the
training
requirements.
However,
25
the
licensing
board
may
adopt
rules
providing
for
waiver
or
26
suspension
of
the
compliance
requirements,
if
the
waiver
or
27
suspension
is
in
the
public
interest,
applicable
to
a
person
28
who
is
engaged
in
active
duty
in
the
military
service
of
this
29
state
or
of
the
United
States,
to
a
person
for
whom
compliance
30
with
the
training
requirements
would
impose
a
significant
31
hardship,
or
to
a
person
who
is
practicing
a
licensed
32
profession
outside
this
state
or
is
otherwise
subject
to
33
circumstances
that
would
preclude
the
person
from
encountering
34
elder
or
dependent
adult
abuse
in
this
state.
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g.
For
persons
required
to
report
cases
of
elder
and
1
dependent
adult
abuse
pursuant
to
sections
235B.3
and
235E.2
,
2
who
are
not
engaged
in
a
licensed
profession
that
is
subject
3
to
the
authority
of
a
licensing
board
but
are
employed
by
4
a
facility
or
program
subject
to
licensure,
registration,
5
or
approval
by
a
state
agency,
the
agency
shall
require
as
6
a
condition
of
the
renewal
of
the
facility’s
or
program’s
7
licensure,
registration,
or
approval,
that
such
persons
8
employed
by
the
facility
or
program
are
in
compliance
with
the
9
training
requirements
of
this
subsection
.
10
h.
For
peace
officers,
the
elected
or
appointed
official
11
designated
as
the
head
of
the
agency
employing
the
peace
12
officer
shall
ensure
compliance
with
the
training
requirements
13
of
this
subsection
.
14
i.
For
persons
required
to
report
cases
of
elder
and
15
dependent
adult
abuse
pursuant
to
sections
235B.3
and
16
235E.2
who
are
employees
of
state
departments
and
political
17
subdivisions
of
the
state,
the
department
director
or
the
chief
18
administrator
of
the
political
subdivision
shall
ensure
the
19
persons’
compliance
with
the
training
requirements
of
this
20
subsection
.
21
6.
The
department
shall
require
an
educational
program
for
22
employees
of
the
registry
on
the
proper
use
and
control
of
23
elder
and
dependent
adult
abuse
information.
24
Sec.
16.
Section
235B.16A,
subsection
1,
Code
2014,
is
25
amended
to
read
as
follows:
26
1.
The
elder
and
dependent
adult
protective
advisory
27
council
established
pursuant
to
section
235B.1
shall
recommend
28
a
uniform
assessment
instrument
and
process
for
adoption
and
29
use
by
the
department
of
human
services
and
other
agencies
30
involved
with
assessing
a
dependent
adult’s
degree
of
31
dependency
and
determining
whether
dependent
adult
abuse
has
32
occurred.
However,
this
section
shall
not
apply
to
dependent
33
adult
abuse
assessments
and
determinations
made
under
chapter
34
235E
.
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Sec.
17.
Section
235B.17,
Code
2014,
is
amended
to
read
as
1
follows:
2
235B.17
Provision
of
protective
services
with
the
consent
of
3
elder
or
dependent
adult
——
caretaker
refusal.
4
1.
If
a
caretaker
of
an
elder
or
a
dependent
adult,
who
5
consents
to
the
receipt
of
protective
services,
refuses
to
6
allow
provision
of
the
services,
the
department
may
petition
7
the
court
with
probate
jurisdiction
in
the
county
in
which
the
8
elder
or
dependent
adult
resides
for
an
order
enjoining
the
9
caretaker
from
interfering
with
the
provision
of
services.
10
2.
The
petition
shall
be
verified
and
shall
allege
specific
11
facts
sufficient
to
demonstrate
that
the
elder
or
dependent
12
adult
is
in
need
of
protective
services
and
consents
to
the
13
provision
of
services
and
that
the
caretaker
refuses
to
allow
14
provision
of
the
services.
The
petition
shall
include
all
of
15
the
following:
16
a.
The
name,
date
of
birth,
and
address
of
the
elder
or
17
dependent
adult
alleged
to
be
in
need
of
protective
services.
18
b.
The
protective
services
required.
19
c.
The
name
and
address
of
the
caretaker
refusing
to
allow
20
the
provision
of
services.
21
3.
The
court
shall
set
the
case
for
hearing
within
fourteen
22
days
of
the
filing
of
the
petition.
The
elder
or
dependent
23
adult
and
the
caretaker
refusing
to
allow
the
provision
of
24
services
shall
receive
at
least
five
days’
notice
of
the
25
hearing.
26
4.
If
the
judge
finds
by
clear
and
convincing
evidence
that
27
the
elder
or
dependent
adult
is
in
need
of
protective
services
28
and
consents
to
the
services
and
that
the
caretaker
refuses
to
29
allow
the
services,
the
judge
may
issue
an
order
enjoining
the
30
caretaker
from
interfering
with
the
provision
of
the
protective
31
services.
32
Sec.
18.
Section
235B.18,
Code
2014,
is
amended
to
read
as
33
follows:
34
235B.18
Provision
of
services
to
elder
or
dependent
adult
who
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lacks
capacity
to
consent
——
hearing
——
findings.
1
1.
If
the
department
reasonably
determines
that
an
elder
or
2
a
dependent
adult
is
a
victim
of
elder
or
dependent
adult
abuse
3
and
lacks
capacity
to
consent
to
the
receipt
of
protective
4
services,
the
department
may
petition
the
district
court
in
the
5
county
in
which
the
elder
or
dependent
adult
resides
for
an
6
order
authorizing
the
provision
of
protective
services.
The
7
petition
shall
allege
specific
facts
sufficient
to
demonstrate
8
that
the
elder
or
dependent
adult
is
in
need
of
protective
9
services
and
lacks
capacity
to
consent
to
the
receipt
of
10
services.
11
2.
The
petition
specified
in
subsection
1
shall
be
verified
12
and
shall
include
all
of
the
following:
13
a.
The
name,
date
of
birth,
and
address
of
the
elder
or
14
dependent
adult
alleged
to
be
in
need
of
protective
services.
15
b.
The
nature
of
the
elder
or
dependent
adult
abuse.
16
c.
The
protective
services
required.
17
3.
The
court
shall
set
the
case
for
hearing
within
fourteen
18
days
of
the
filing
of
the
petition.
The
elder
or
dependent
19
adult
shall
receive
at
least
five
days’
notice
of
the
hearing.
20
The
elder
or
dependent
adult
has
the
right
to
be
present
21
and
represented
by
counsel
at
the
hearing.
If
the
elder
or
22
dependent
adult,
in
the
determination
of
the
judge,
lacks
the
23
capacity
to
waive
the
right
of
counsel,
the
court
may
appoint
a
24
guardian
ad
litem
for
the
elder
or
dependent
adult.
25
4.
If,
at
the
hearing,
the
judge
finds
by
clear
and
26
convincing
evidence
that
the
elder
or
dependent
adult
is
in
27
need
of
protective
services
and
lacks
the
capacity
to
consent
28
to
the
receipt
of
protective
services,
the
judge
may
issue
an
29
order
authorizing
the
provision
of
protective
services.
The
30
order
may
include
the
designation
of
a
person
to
be
responsible
31
for
performing
or
obtaining
protective
services
on
behalf
32
of
the
elder
or
dependent
adult
or
otherwise
consenting
to
33
the
receipt
of
protective
services
on
behalf
of
the
elder
or
34
dependent
adult.
Within
sixty
days
of
the
appointment
of
such
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a
person
the
court
shall
conduct
a
review
to
determine
if
a
1
petition
shall
be
initiated
in
accordance
with
section
633.552
2
for
good
cause
shown.
The
court
may
extend
the
sixty-day
3
period
for
an
additional
sixty
days,
at
the
end
of
which
the
4
court
shall
conduct
a
review
to
determine
if
a
petition
shall
5
be
initiated
in
accordance
with
section
633.552
.
A
An
elder
6
or
a
dependent
adult
shall
not
be
committed
to
a
mental
health
7
facility
under
this
section
.
8
5.
A
determination
by
the
court
that
an
elder
or
a
9
dependent
adult
lacks
the
capacity
to
consent
to
the
receipt
10
of
protective
services
under
this
chapter
shall
not
affect
11
incompetency
proceedings
under
sections
633.552
through
633.556
12
or
any
other
proceedings,
and
incompetency
proceedings
under
13
sections
633.552
through
633.556
shall
not
have
a
conclusive
14
effect
on
the
question
of
capacity
to
consent
to
the
receipt
of
15
protective
services
under
this
chapter
.
A
person
previously
16
adjudicated
as
incompetent
under
the
relevant
provisions
of
17
chapter
633
is
entitled
to
the
care,
protection,
and
services
18
under
this
chapter
.
19
6.
This
section
shall
not
be
construed
and
is
not
intended
20
as
and
shall
not
imply
a
grant
of
entitlement
for
services
to
21
persons
who
are
not
otherwise
eligible
for
the
services
or
for
22
utilization
of
services
which
do
not
currently
exist
or
are
not
23
otherwise
available.
24
Sec.
19.
Section
235B.19,
Code
2014,
is
amended
to
read
as
25
follows:
26
235B.19
Emergency
order
for
protective
services.
27
1.
If
the
department
determines
that
an
elder
or
a
dependent
28
adult
is
suffering
from
elder
or
dependent
adult
abuse
which
29
presents
an
immediate
danger
to
the
health
or
safety
of
the
30
elder
or
dependent
adult
or
which
results
in
irreparable
harm
31
to
the
physical
or
financial
resources
or
funds,
property
,
or
32
assets
of
the
elder
or
dependent
adult,
and
that
the
elder
or
33
dependent
adult
lacks
capacity
to
consent
to
receive
protective
34
services
and
that
no
consent
can
be
obtained,
the
department
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may
petition
the
court
with
probate
jurisdiction
in
the
county
1
in
which
the
elder
or
dependent
adult
resides
for
an
emergency
2
order
authorizing
protective
services.
3
2.
The
petition
shall
be
verified
and
shall
include
all
of
4
the
following:
5
a.
The
name,
date
of
birth,
and
address
of
the
elder
or
6
dependent
adult
who
needs
protective
services.
7
b.
The
nature
of
the
elder
or
dependent
adult
abuse.
8
c.
The
services
required.
9
3.
a.
The
department
shall
serve
a
copy
of
the
petition
10
and
any
order
authorizing
protective
services,
if
issued,
on
11
the
elder
or
dependent
adult
and
on
persons
who
are
competent
12
adults
and
reasonably
ascertainable
at
the
time
the
petition
is
13
filed
in
accordance
with
the
following
priority
,
as
applicable
:
14
(1)
An
attorney
in
fact
named
by
the
elder
or
dependent
15
adult
in
a
durable
power
of
attorney
for
health
care
pursuant
16
to
chapter
144B
.
17
(2)
The
elder’s
or
dependent
adult’s
spouse.
18
(3)
The
elder’s
or
dependent
adult’s
children.
19
(4)
The
elder’s
or
dependent
adult’s
grandchildren.
20
(5)
The
elder’s
or
dependent
adult’s
siblings.
21
(6)
The
elder’s
or
dependent
adult’s
aunts
and
uncles.
22
(7)
The
elder’s
or
dependent
adult’s
nieces
and
nephews.
23
(8)
The
elder’s
or
dependent
adult’s
cousins.
24
b.
When
the
department
has
served
a
person
in
one
of
the
25
categories
specified
in
paragraph
“a”
,
the
department
shall
not
26
be
required
to
serve
a
person
in
any
other
category.
27
c.
The
department
shall
serve
the
elder’s
or
dependent
28
adult’s
copy
of
the
petition
and
order
personally
upon
the
29
elder
or
dependent
adult.
Service
of
the
petition
and
all
30
other
orders
and
notices
shall
be
in
a
sealed
envelope
with
the
31
proper
postage
on
the
envelope,
addressed
to
the
person
being
32
served
at
the
person’s
last
known
post
office
address,
and
33
deposited
in
a
mail
receptacle
provided
by
the
United
States
34
postal
service.
The
department
shall
serve
such
copies
of
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emergency
orders
authorizing
protective
services
and
notices
1
within
three
days
after
filing
the
petition
and
receiving
such
2
orders.
3
d.
The
department
and
all
persons
served
by
the
department
4
with
notices
under
this
subsection
shall
be
prohibited
from
5
all
of
the
following
without
prior
court
approval
after
the
6
department’s
petition
has
been
filed:
7
(1)
Selling,
removing,
or
otherwise
disposing
of
the
8
elder’s
or
dependent
adult’s
personal
property.
9
(2)
Withdrawing
funds
from
any
bank,
savings
association,
10
credit
union,
or
other
financial
institution,
or
from
an
11
account
containing
securities
in
which
the
elder
or
dependent
12
adult
has
an
interest.
13
4.
Upon
finding
that
there
is
probable
cause
to
believe
that
14
the
elder
or
dependent
adult
abuse
presents
an
immediate
threat
15
to
the
health
or
safety
of
the
elder
or
dependent
adult
or
16
which
results
in
irreparable
harm
to
the
physical
or
financial
17
resources
or
property
of
the
elder
or
dependent
adult,
and
that
18
the
elder
or
dependent
adult
lacks
capacity
to
consent
to
the
19
receipt
of
services,
the
court
may
do
any
of
the
following:
20
a.
Order
removal
of
the
elder
or
dependent
adult
to
safer
21
surroundings.
22
b.
Order
the
provision
of
medical
services.
23
c.
Order
the
provision
of
other
available
services
necessary
24
to
remove
conditions
creating
the
danger
to
health
or
safety,
25
including
the
services
of
peace
officers
or
emergency
services
26
personnel
and
the
suspension
of
the
powers
granted
to
a
27
guardian
or
conservator
and
the
subsequent
appointment
of
a
28
new
temporary
guardian
or
new
temporary
conservator
pursuant
29
to
subsection
5
pending
a
decision
by
the
court
on
whether
30
the
powers
of
the
initial
guardian
or
conservator
should
be
31
reinstated
or
whether
the
initial
guardian
or
conservator
32
should
be
removed.
33
5.
a.
Notwithstanding
sections
633.552
and
633.573
,
upon
34
a
finding
that
there
is
probable
cause
to
believe
that
the
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elder
or
dependent
adult
abuse
presents
an
immediate
danger
1
to
the
health
or
safety
of
the
elder
or
dependent
adult
or
2
is
producing
irreparable
harm
to
the
physical
or
financial
3
resources
or
property
of
the
elder
or
dependent
adult,
and
that
4
the
elder
or
dependent
adult
lacks
capacity
to
consent
to
the
5
receipt
of
services,
the
court
may
order
the
appointment
of
6
a
temporary
guardian
or
temporary
conservator
without
notice
7
to
the
elder
or
dependent
adult
or
the
elder’s
or
dependent
8
adult’s
attorney
if
all
of
the
following
conditions
are
met:
9
(1)
It
clearly
appears
from
specific
facts
shown
by
10
affidavit
or
by
the
verified
petition
that
an
elder’s
or
a
11
dependent
adult’s
decision-making
capacity
is
so
impaired
that
12
the
elder
or
dependent
adult
is
unable
to
care
for
the
elder’s
13
or
dependent
adult’s
personal
safety
or
to
attend
to
or
provide
14
for
the
elder’s
or
dependent
adult’s
basic
necessities
or
that
15
immediate
and
irreparable
injury,
loss,
or
damage
will
result
16
to
the
physical
or
financial
resources
or
property
of
the
17
elder
or
dependent
adult
before
the
elder
or
dependent
adult
18
or
the
elder’s
or
dependent
adult’s
attorney
can
be
heard
in
19
opposition.
20
(2)
The
department
certifies
to
the
court
in
writing
21
any
efforts
the
department
has
made
to
give
the
notice
or
22
the
reasons
supporting
the
claim
that
notice
should
not
be
23
required.
24
(3)
The
department
files
with
the
court
a
request
for
a
25
hearing
on
the
petition
for
the
appointment
of
a
temporary
26
guardian
or
temporary
conservator.
27
(4)
The
department
certifies
that
the
notice
of
the
28
petition,
order,
and
all
filed
reports
and
affidavits
will
be
29
sent
to
the
elder
or
dependent
adult
by
personal
service
within
30
the
time
period
the
court
directs
but
not
more
than
seventy-two
31
hours
after
entry
of
the
order
of
appointment.
32
b.
An
order
of
appointment
of
a
temporary
guardian
or
33
temporary
conservator
entered
by
the
court
under
paragraph
“a”
34
shall
expire
as
prescribed
by
the
court
but
within
a
period
of
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not
more
than
thirty
days
unless
extended
by
the
court
for
good
1
cause.
2
c.
A
hearing
on
the
petition
for
the
appointment
of
a
3
temporary
guardian
or
temporary
conservator
shall
be
held
4
within
the
time
specified
in
paragraph
“b”
.
If
the
department
5
does
not
proceed
with
a
hearing
on
the
petition,
the
court,
on
6
the
motion
of
any
party
or
on
its
own
motion,
may
dismiss
the
7
petition.
8
6.
The
emergency
order
expires
at
the
end
of
seventy-two
9
hours
from
the
time
of
the
order
unless
the
seventy-two-hour
10
period
ends
on
a
Saturday,
Sunday,
or
legal
holiday
in
which
11
event
the
order
is
automatically
extended
to
4:00
p.m.
on
the
12
first
succeeding
business
day.
An
order
may
be
renewed
for
13
not
more
than
fourteen
additional
days.
A
renewal
order
that
14
ends
on
a
Saturday,
Sunday,
or
legal
holiday
is
automatically
15
extended
to
4:00
p.m.
on
the
first
succeeding
business
day.
16
The
court
may
modify
or
terminate
the
emergency
order
on
the
17
petition
of
the
department,
the
elder
or
dependent
adult,
or
18
any
person
interested
in
the
elder’s
or
dependent
adult’s
19
welfare.
20
7.
If
the
department
cannot
obtain
an
emergency
order
21
under
this
section
due
to
inaccessibility
of
the
court,
the
22
department
may
contact
law
enforcement
to
remove
the
elder
or
23
dependent
adult
to
safer
surroundings,
authorize
the
provision
24
of
medical
treatment,
and
order
the
provision
of
or
provide
25
other
available
services
necessary
to
remove
conditions
26
creating
the
immediate
danger
to
the
health
or
safety
of
the
27
elder
or
dependent
adult
or
which
are
producing
irreparable
28
harm
to
the
physical
or
financial
resources
or
property
of
29
the
elder
or
dependent
adult.
The
department
shall
obtain
an
30
emergency
order
under
this
section
not
later
than
four
p.m.
31
on
the
first
succeeding
business
day
after
the
date
on
which
32
protective
or
other
services
are
provided.
If
the
department
33
does
not
obtain
an
emergency
order
within
the
prescribed
34
time
period,
the
department
shall
cease
providing
protective
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services
and,
if
necessary,
make
arrangements
for
the
immediate
1
return
of
the
person
to
the
place
from
which
the
person
was
2
removed,
to
the
person’s
place
of
residence
in
the
state,
or
3
to
another
suitable
place.
A
person,
agency,
or
institution
4
acting
in
good
faith
in
removing
an
elder
or
a
dependent
adult
5
or
in
providing
services
under
this
subsection
,
and
an
employer
6
of
or
person
under
the
direction
of
such
a
person,
agency,
or
7
institution,
shall
have
immunity
from
any
liability,
civil
or
8
criminal,
that
might
otherwise
be
incurred
or
imposed
as
the
9
result
of
the
removal
or
provision
of
services.
10
8.
Upon
a
finding
of
probable
cause
to
believe
that
elder
11
or
dependent
adult
abuse
has
occurred
and
is
either
ongoing
or
12
is
likely
to
reoccur,
the
court
may
also
enter
orders
as
may
13
be
appropriate
to
third
persons
enjoining
them
from
specific
14
conduct.
The
orders
may
include
temporary
restraining
orders
15
which
impose
criminal
sanctions
if
violated.
The
court
may
16
enjoin
third
persons
from
any
of
the
following:
17
a.
Removing
the
elder
or
dependent
adult
from
the
care
or
18
custody
of
another.
19
b.
Committing
elder
or
dependent
adult
abuse
on
the
elder
20
or
dependent
adult.
21
c.
Living
at
the
elder’s
or
dependent
adult’s
residence.
22
d.
Contacting
the
elder
or
dependent
adult
in
person
or
by
23
telephone.
24
e.
Selling,
removing,
or
otherwise
disposing
of
the
elder’s
25
or
dependent
adult’s
personal
property.
26
f.
Withdrawing
funds
from
any
bank,
savings
association,
27
credit
union,
or
other
financial
institution,
or
from
a
stock
28
account
in
which
the
elder
or
dependent
adult
has
an
interest.
29
g.
Negotiating
any
instruments
payable
to
the
elder
or
30
dependent
adult.
31
h.
Selling,
mortgaging,
or
otherwise
encumbering
any
32
interest
that
the
elder
or
dependent
adult
has
in
real
33
property.
34
i.
Exercising
any
powers
on
behalf
of
the
elder
or
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dependent
adult
through
representatives
of
the
department,
any
1
court-appointed
guardian
or
guardian
ad
litem,
or
any
official
2
acting
on
the
elder’s
or
dependent
adult’s
behalf.
3
j.
Engaging
in
any
other
specified
act
which,
based
upon
the
4
facts
alleged,
would
constitute
harm
or
a
threat
of
imminent
5
harm
to
the
elder
or
dependent
adult
or
would
cause
damage
to
6
or
the
loss
of
the
elder’s
or
dependent
adult’s
property.
7
9.
This
section
shall
not
be
construed
and
is
not
intended
8
as
and
shall
not
imply
a
grant
of
entitlement
for
services
to
9
persons
who
are
not
otherwise
eligible
for
the
services
or
for
10
utilization
of
services
which
do
not
currently
exist
or
are
not
11
otherwise
available.
12
DIVISION
II
13
CRIMES
AGAINST
AN
OLDER
INDIVIDUAL
14
Sec.
20.
NEW
SECTION
.
714.2A
Theft
against
an
older
15
individual.
16
1.
If
a
person
commits
theft
and
the
violation
is
committed
17
against
an
individual
who
was
an
older
individual
at
the
18
time
the
theft
was
committed,
notwithstanding
the
penalties
19
specified
in
section
714.2,
all
of
the
following
shall
apply:
20
a.
If
a
person
commits
theft
in
the
first
degree
pursuant
to
21
section
714.2,
subsection
1,
the
person
is
guilty
of
a
class
22
“B”
felony.
23
b.
If
a
person
commits
theft
in
the
second
degree
pursuant
24
to
section
714.2,
subsection
2,
the
person
is
guilty
of
a
class
25
“C”
felony.
26
c.
If
a
person
commits
theft
in
the
third
degree
pursuant
to
27
section
714.2,
subsection
3,
the
person
is
guilty
of
a
class
28
“D”
felony.
29
d.
If
a
person
commits
theft
in
the
fourth
degree
pursuant
30
to
section
714.2,
subsection
4,
the
person
is
guilty
of
an
31
aggravated
misdemeanor.
32
e.
If
a
person
commits
theft
in
the
fifth
degree
pursuant
to
33
section
714.2,
subsection
5,
the
person
is
guilty
of
a
serious
34
misdemeanor.
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2.
For
the
purposes
of
this
section,
“older
individual”
1
means
older
individual
as
defined
in
section
231.4.
2
Sec.
21.
Section
714.16A,
Code
2014,
is
amended
to
read
as
3
follows:
4
714.16A
Additional
civil
penalty
for
consumer
frauds
5
committed
against
elderly
older
individual
——
fund
established.
6
1.
a.
If
a
person
violates
section
714.16
,
and
the
7
violation
is
committed
against
an
older
person
individual
,
8
in
an
action
brought
by
the
attorney
general,
in
addition
to
9
any
other
civil
penalty,
the
court
may
impose
an
additional
10
civil
penalty
not
to
exceed
five
thousand
dollars
for
each
11
such
violation.
Additionally,
the
attorney
general
may
12
accept
a
civil
penalty
as
determined
by
the
attorney
general
13
in
settlement
of
an
investigation
of
a
violation
of
section
14
714.16
,
regardless
of
whether
an
action
has
been
filed
pursuant
15
to
section
714.16
.
16
b.
A
civil
penalty
imposed
by
a
court
or
determined
and
17
accepted
by
the
attorney
general
pursuant
to
this
section
shall
18
be
paid
to
the
treasurer
of
state,
who
shall
deposit
the
money
19
in
the
elderly
older
individual
victim
fund,
a
separate
fund
20
created
in
the
state
treasury
and
administered
by
the
attorney
21
general
for
the
investigation
and
prosecution
of
frauds
against
22
the
elderly
older
individuals
.
Notwithstanding
section
8.33
,
23
any
balance
in
the
fund
on
June
30
of
any
fiscal
year
shall
24
not
revert
to
the
general
fund
of
the
state.
An
award
of
25
reimbursement
pursuant
to
section
714.16
has
priority
over
a
26
civil
penalty
imposed
by
the
court
pursuant
to
this
subsection
.
27
2.
In
determining
whether
to
impose
a
civil
penalty
under
28
subsection
1
,
and
the
amount
of
any
such
penalty,
the
court
29
shall
consider
the
following:
30
a.
Whether
the
defendant’s
conduct
was
in
willful
disregard
31
of
the
rights
of
the
older
person
individual
.
32
b.
Whether
the
defendant
knew
or
should
have
known
that
the
33
defendant’s
conduct
was
directed
to
an
older
person
individual
.
34
c.
Whether
the
older
person
individual
was
substantially
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more
vulnerable
to
the
defendant’s
conduct
because
of
age,
poor
1
health,
infirmity,
impaired
understanding,
restricted
mobility,
2
or
disability,
than
other
persons.
3
d.
Any
other
factors
the
court
deems
appropriate.
4
3.
As
used
in
this
section
,
“older
person”
individual”
means
5
a
person
who
is
sixty-five
sixty
years
of
age
or
older.
6
Sec.
22.
NEW
SECTION
.
726.25
Financial
exploitation
of
an
7
older
individual.
8
1.
A
person
commits
financial
exploitation
of
an
older
9
individual
when
the
person
stands
in
a
position
of
trust
or
10
confidence
with
the
older
individual
and
knowingly
and
by
undue
11
influence,
deception,
coercion,
fraud,
breach
of
fiduciary
12
duty,
or
extortion,
obtains
control
over
or
otherwise
uses
the
13
benefits,
property,
resources,
belongings,
or
assets
of
the
14
older
individual.
15
2.
A
person
who
commits
financial
exploitation
of
an
older
16
individual
is
guilty
of
the
following,
as
applicable:
17
a.
A
serious
misdemeanor
if
the
value
of
the
benefits,
18
property,
resources,
belongings,
or
assets
is
one
hundred
19
dollars
or
less.
20
b.
An
aggravated
misdemeanor
if
the
value
of
the
benefits,
21
property,
resources,
belongings,
or
assets
exceeds
one
hundred
22
dollars
but
does
not
exceed
one
thousand
dollars.
23
c.
A
class
“D”
felony
if
the
value
of
the
benefits,
24
property,
resources,
belongings,
or
assets
exceeds
one
thousand
25
dollars
but
does
not
exceed
ten
thousand
dollars.
26
d.
A
class
“C”
felony
if
the
value
of
the
benefits,
27
property,
resources,
belongings,
or
assets
exceeds
ten
thousand
28
dollars
but
does
not
exceed
fifty
thousand
dollars.
29
e.
A
class
“B”
felony
if
the
value
of
the
benefits,
30
property,
resources,
belongings,
or
assets
exceeds
fifty
31
thousand
dollars,
or
if
the
older
individual
is
seventy
years
32
of
age
to
eighty
years
of
age
and
the
value
of
the
benefits,
33
property,
resources,
belongings,
or
assets
is
fifteen
thousand
34
dollars
or
more,
or
if
the
older
individual
is
eighty
years
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of
age
or
older
and
the
value
of
the
benefits,
property,
1
resources,
belongings,
or
assets
is
five
thousand
dollars
or
2
more.
3
3.
Nothing
in
this
section
shall
be
construed
to
limit
other
4
remedies
available
to
the
older
individual.
5
4.
A
person
alleged
to
have
committed
a
violation
under
6
this
section
shall
be
charged
with
the
respective
offense
7
cited,
unless
a
charge
may
be
brought
based
upon
a
more
serious
8
offense,
in
which
case
the
charge
of
the
more
serious
offense
9
shall
supersede
the
less
serious
charge.
10
5.
Nothing
in
this
section
shall
be
construed
to
impose
11
criminal
liability
on
a
person
who
has
made
a
good-faith
effort
12
to
assist
an
older
individual
in
the
management
of
the
older
13
individual’s
benefits,
property,
resources,
belongings,
or
14
assets,
but
through
no
fault
of
the
person,
the
person
has
been
15
unable
to
provide
such
assistance.
16
6.
It
shall
not
be
a
defense
to
financial
exploitation
of
17
an
older
individual
that
the
alleged
perpetrator
did
not
know
18
the
age
of
the
older
individual
or
reasonably
believed
that
the
19
alleged
victim
was
not
an
older
individual.
20
7.
For
the
purposes
of
this
section:
21
a.
“Caregiver”
means
an
individual
who
has
the
22
responsibility
for
the
care
or
custody
of
an
older
individual,
23
whether
voluntarily,
by
contract,
through
employment,
or
as
a
24
result
of
the
operation
of
law,
and
includes
but
is
not
limited
25
to
a
family
member
or
other
individual
who
provides
compensated
26
or
uncompensated
care
to
an
older
individual.
27
b.
“Coercion”
means
communication
or
conduct
which
compels
28
an
older
individual
to
act
or
refrain
from
acting
against
the
29
older
individual’s
will.
30
c.
“Fiduciary”
means
a
person
or
entity
with
the
legal
31
responsibility
to
make
decisions
on
behalf
of
and
for
the
32
benefit
of
an
older
individual
and
to
act
in
good
faith
and
33
with
fairness.
“Fiduciary”
includes
a
guardian,
trustee,
34
executor,
administrator,
receiver,
conservator,
attorney
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in
fact,
representative
payee,
or
any
person
acting
in
any
1
fiduciary
capacity
for
or
on
behalf
of
an
older
individual.
2
d.
“Older
individual”
means
the
same
as
defined
in
section
3
231.4.
4
e.
“Stands
in
a
position
of
trust
or
confidence”
means
the
5
person
has
any
of
the
following
relationships
relative
to
the
6
older
individual:
7
(1)
Is
a
parent,
spouse,
adult
child,
or
other
relative
by
8
consanguinity
or
affinity
of
the
older
individual.
9
(2)
Is
a
joint
tenant
or
tenant
in
common
with
the
older
10
individual.
11
(3)
Has
a
legal
or
fiduciary
relationship
with
the
older
12
individual.
13
(4)
Is
a
financial
planning
or
investment
professional
14
providing
or
offering
to
provide
financial
planning
or
15
investment
advice
to
the
older
individual.
16
(5)
Is
a
beneficiary
of
the
older
individual
in
a
governing
17
instrument.
18
(6)
Is
a
caregiver
for
the
older
individual.
19
(7)
Is
a
person
who
is
in
a
confidential
relationship
with
20
the
older
individual.
The
determination
of
the
existence
of
a
21
confidential
relationship
is
an
issue
of
fact
to
be
determined
22
by
the
court
based
upon
the
totality
of
the
circumstances.
23
f.
“Undue
influence”
means
taking
advantage
of
a
person’s
24
role,
relationship,
or
authority
to
improperly
change
or
25
obtain
control
over
the
actions
or
decision
making
of
an
older
26
individual.
27
DIVISION
III
28
CONFORMING
AMENDMENTS
29
Sec.
23.
Section
35D.14A,
Code
2014,
is
amended
to
read
as
30
follows:
31
35D.14A
Volunteer
record
checks.
32
1.
Persons
who
are
potential
volunteers
or
volunteers
in
33
the
Iowa
veterans
home
in
a
position
having
direct
individual
34
contact
with
patients
or
residents
of
the
home
shall
be
subject
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to
criminal
history
and
child
and
elder
and
dependent
adult
1
abuse
record
checks
in
accordance
with
this
section
.
The
Iowa
2
veterans
home
shall
request
that
the
department
of
public
3
safety
perform
the
criminal
history
check
and
the
department
4
of
human
services
perform
child
and
elder
and
dependent
adult
5
abuse
record
checks
of
the
person
in
this
state
and
may
request
6
these
checks
in
other
states.
7
2.
a.
If
it
is
determined
that
a
person
has
been
convicted
8
of
a
crime
under
a
law
of
any
state
or
has
a
record
of
founded
9
child
,
elder,
or
dependent
adult
abuse,
the
person
shall
not
10
participate
as
a
volunteer
with
direct
individual
contact
11
with
patients
or
residents
of
the
Iowa
veterans
home
unless
12
an
evaluation
has
been
performed
by
the
department
of
human
13
services
to
determine
whether
the
crime
or
founded
child
,
14
elder,
or
dependent
adult
abuse
warrants
prohibition
of
the
15
person’s
participation
as
a
volunteer
in
the
Iowa
veterans
16
home.
The
department
of
human
services
shall
perform
such
17
evaluation
upon
the
request
of
the
Iowa
veterans
home.
18
b.
In
an
evaluation,
the
department
of
human
services
shall
19
consider
the
nature
and
seriousness
of
the
crime
or
founded
20
child
,
elder,
or
dependent
adult
abuse
in
relation
to
the
21
position
sought
or
held,
the
time
elapsed
since
the
commission
22
of
the
crime
or
founded
child
,
elder,
or
dependent
adult
abuse,
23
the
circumstances
under
which
the
crime
or
founded
child
,
24
elder,
or
dependent
adult
abuse
was
committed,
the
degree
of
25
rehabilitation,
the
likelihood
that
the
person
will
commit
the
26
crime
or
founded
child
,
elder,
or
dependent
adult
abuse
again,
27
and
the
number
of
crimes
or
founded
child
,
elder,
or
dependent
28
adult
abuses
committed
by
the
person
involved.
29
c.
If
the
department
of
human
services
performs
an
30
evaluation
for
the
purposes
of
this
section
,
the
department
31
of
human
services
has
final
authority
in
determining
whether
32
prohibition
of
the
person’s
participation
as
a
volunteer
is
33
warranted.
The
department
of
human
services
may
permit
a
34
person
who
is
evaluated
to
participate
as
a
volunteer
if
the
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person
complies
with
the
department’s
conditions
relating
to
1
participation
as
a
volunteer
which
may
include
completion
of
2
additional
training.
3
Sec.
24.
Section
125.14A,
subsections
5
and
7,
Code
2014,
4
are
amended
to
read
as
follows:
5
5.
In
addition
to
the
record
checks
required
under
this
6
section
,
the
department
of
human
services
may
conduct
elder
7
and
dependent
adult
abuse
record
checks
in
this
state
and
may
8
conduct
these
checks
in
other
states,
on
a
random
basis.
The
9
provisions
of
this
section
,
relative
to
an
evaluation
following
10
a
determination
that
a
person
has
been
convicted
of
a
crime
11
or
has
a
record
of
founded
child
abuse,
shall
also
apply
to
a
12
random
check
conducted
under
this
subsection
.
13
7.
On
or
after
July
1,
1994,
a
program
or
facility
shall
14
include
the
following
inquiry
in
an
application
for
employment:
15
Do
you
have
a
record
of
founded
child
,
elder,
or
dependent
16
adult
abuse
or
have
you
ever
been
convicted
of
a
crime,
in
this
17
state
or
any
other
state?
18
Sec.
25.
Section
135.11,
subsection
24,
Code
2014,
is
19
amended
to
read
as
follows:
20
24.
Review
and
approve
mandatory
reporter
training
21
curricula
for
those
persons
who
work
in
a
position
22
classification
that
under
law
makes
the
persons
mandatory
23
reporters
of
child
,
elder,
or
dependent
adult
abuse
and
the
24
position
classification
does
not
have
a
mandatory
reporter
25
training
curriculum
approved
by
a
licensing
or
examining
board.
26
Sec.
26.
Section
135B.34,
Code
2014,
is
amended
to
read
as
27
follows:
28
135B.34
Hospital
employees
——
criminal
history
and
child,
29
elder,
and
dependent
adult
abuse
record
checks
——
penalty.
30
1.
Prior
to
employment
of
a
person
in
a
hospital,
the
31
hospital
shall
request
that
the
department
of
public
safety
32
perform
a
criminal
history
check
and
the
department
of
human
33
services
perform
child
and
elder
and
dependent
adult
abuse
34
record
checks
of
the
person
in
this
state.
A
hospital
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shall
inform
all
persons
prior
to
employment
regarding
the
1
performance
of
the
record
checks
and
shall
obtain,
from
2
the
persons,
a
signed
acknowledgment
of
the
receipt
of
the
3
information.
A
hospital
shall
include
the
following
inquiry
in
4
an
application
for
employment:
5
Do
you
have
a
record
of
founded
child
,
elder,
or
dependent
6
adult
abuse
or
have
you
ever
been
convicted
of
a
crime,
in
this
7
state
or
any
other
state?
8
2.
a.
If
it
is
determined
that
a
person
being
considered
9
for
employment
in
a
hospital
has
committed
a
crime,
the
10
department
of
public
safety
shall
notify
the
hospital
that
11
upon
the
request
of
the
hospital
the
department
of
human
12
services
will
perform
an
evaluation
to
determine
whether
the
13
crime
warrants
prohibition
of
the
person’s
employment
in
the
14
hospital.
15
b.
(1)
If
a
person
being
considered
for
employment,
other
16
than
employment
involving
the
operation
of
a
motor
vehicle,
17
has
been
convicted
of
a
crime
listed
in
subparagraph
(2)
but
18
does
not
have
a
record
of
founded
child
,
elder,
or
dependent
19
adult
abuse
and
the
hospital
has
requested
an
evaluation
in
20
accordance
with
paragraph
“a”
to
determine
whether
the
crime
21
warrants
prohibition
of
the
person’s
employment,
the
hospital
22
may
employ
the
person
for
not
more
than
sixty
calendar
days
23
pending
completion
of
the
evaluation.
24
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
25
misdemeanor
offense
under
section
123.47
or
chapter
321
,
and
26
to
a
crime
that
is
a
first
offense
of
operating
a
motor
vehicle
27
while
intoxicated
under
section
321J.2,
subsection
1
.
28
c.
If
a
department
of
human
services
child
or
elder
and
29
dependent
adult
abuse
record
check
shows
that
the
person
has
30
a
record
of
founded
child
,
elder,
or
dependent
adult
abuse,
31
the
department
of
human
services
shall
notify
the
hospital
32
that
upon
the
request
of
the
hospital
the
department
of
human
33
services
will
perform
an
evaluation
to
determine
whether
34
the
founded
child
,
elder,
or
dependent
adult
abuse
warrants
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prohibition
of
the
person’s
employment
in
the
hospital.
1
d.
An
evaluation
performed
under
this
subsection
shall
2
be
performed
in
accordance
with
procedures
adopted
for
this
3
purpose
by
the
department
of
human
services.
4
e.
(1)
If
a
person
owns
or
operates
more
than
one
hospital,
5
and
an
employee
of
one
of
such
hospitals
is
transferred
to
6
another
such
hospital
without
a
lapse
in
employment,
the
7
hospital
is
not
required
to
request
additional
criminal
and
8
child
and
elder
and
dependent
adult
abuse
record
checks
of
that
9
employee.
10
(2)
If
the
ownership
of
a
hospital
is
transferred,
at
the
11
time
of
transfer
the
record
checks
required
by
this
section
12
shall
be
performed
for
each
employee
for
whom
there
is
no
13
documentation
that
such
record
checks
have
been
performed.
14
The
hospital
may
continue
to
employ
such
employee
pending
the
15
performance
of
the
record
checks
and
any
related
evaluation.
16
3.
In
an
evaluation,
the
department
of
human
services
shall
17
consider
the
nature
and
seriousness
of
the
crime
or
founded
18
child
,
elder,
or
dependent
adult
abuse
in
relation
to
the
19
position
sought
or
held,
the
time
elapsed
since
the
commission
20
of
the
crime
or
founded
child
,
elder,
or
dependent
adult
abuse,
21
the
circumstances
under
which
the
crime
or
founded
child
,
22
elder,
or
dependent
adult
abuse
was
committed,
the
degree
of
23
rehabilitation,
the
likelihood
that
the
person
will
commit
24
the
crime
or
founded
child
,
elder,
or
dependent
adult
abuse
25
again,
and
the
number
of
crimes
or
founded
child
,
elder,
or
26
dependent
adult
abuses
committed
by
the
person
involved.
If
27
the
department
of
human
services
performs
an
evaluation
for
28
the
purposes
of
this
section
,
the
department
of
human
services
29
has
final
authority
in
determining
whether
prohibition
of
the
30
person’s
employment
is
warranted.
31
4.
a.
Except
as
provided
in
paragraph
“b”
and
subsection
2
,
32
a
person
who
has
committed
a
crime
or
has
a
record
of
founded
33
child
,
elder,
or
dependent
adult
abuse
shall
not
be
employed
in
34
a
hospital
licensed
under
this
chapter
unless
an
evaluation
has
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been
performed
by
the
department
of
human
services.
1
b.
A
person
with
a
criminal
or
child,
elder,
or
dependent
2
adult
abuse
record
who
is
or
was
employed
by
a
hospital
3
licensed
under
this
chapter
and
is
hired
by
another
hospital
4
shall
be
subject
to
the
criminal
history
and
child
or
elder
5
and
dependent
adults
abuse
record
checks
required
pursuant
6
to
subsection
1
.
However,
if
an
evaluation
was
previously
7
performed
by
the
department
of
human
services
concerning
the
8
person’s
criminal
or
child,
elder,
or
dependent
adult
abuse
9
record
and
it
was
determined
that
the
record
did
not
warrant
10
prohibition
of
the
person’s
employment
and
the
latest
record
11
checks
do
not
indicate
a
crime
was
committed
or
founded
child,
12
elder,
or
dependent
adult
abuse
record
was
entered
subsequent
13
to
that
evaluation,
the
person
may
commence
employment
with
14
the
other
hospital
in
accordance
with
the
department
of
human
15
services’
evaluation
and
an
exemption
from
the
requirements
16
in
paragraph
“a”
for
reevaluation
of
the
latest
record
checks
17
is
authorized.
Otherwise,
the
requirements
of
paragraph
“a”
18
remain
applicable
to
the
person’s
employment.
Authorization
19
of
an
exemption
under
this
paragraph
“b”
from
requirements
for
20
reevaluation
of
the
latest
record
checks
by
the
department
of
21
human
services
is
subject
to
all
of
the
following
provisions:
22
(1)
The
position
with
the
subsequent
employer
is
23
substantially
the
same
or
has
the
same
job
responsibilities
as
24
the
position
for
which
the
previous
evaluation
was
performed.
25
(2)
Any
restrictions
placed
on
the
person’s
employment
in
26
the
previous
evaluation
by
the
department
of
human
services
27
shall
remain
applicable
in
the
person’s
subsequent
employment.
28
(3)
The
person
subject
to
the
record
checks
has
maintained
a
29
copy
of
the
previous
evaluation
and
provides
the
evaluation
to
30
the
subsequent
employer
or
the
previous
employer
provides
the
31
previous
evaluation
from
the
person’s
personnel
file
pursuant
32
to
the
person’s
authorization.
If
a
physical
copy
of
the
33
previous
evaluation
is
not
provided
to
the
subsequent
employer,
34
the
record
checks
shall
be
reevaluated.
35
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(4)
Although
an
exemption
under
this
lettered
paragraph
“b”
1
may
be
authorized,
the
subsequent
employer
may
instead
request
2
a
reevaluation
of
the
record
checks
and
may
employ
the
person
3
while
the
reevaluation
is
being
performed.
4
5.
a.
If
a
person
employed
by
a
hospital
that
is
subject
5
to
this
section
is
convicted
of
a
crime
or
has
a
record
of
6
founded
child
,
elder,
or
dependent
adult
abuse
entered
in
7
the
abuse
registry
after
the
person’s
employment
application
8
date,
the
person
shall
inform
the
hospital
of
such
information
9
within
forty-eight
hours
of
the
criminal
conviction
or
entry
10
of
the
record
of
founded
child
,
elder,
or
dependent
adult
11
abuse.
The
hospital
shall
act
to
verify
the
information
12
within
forty-eight
hours
of
notification.
If
the
information
13
is
verified,
the
requirements
of
subsections
2,
3,
and
4
14
regarding
employability
and
evaluations
shall
be
applied
by
the
15
hospital
to
determine
whether
or
not
the
person’s
employment
16
is
continued.
The
hospital
may
continue
to
employ
the
person
17
pending
the
performance
of
an
evaluation
by
the
department
of
18
human
services
to
determine
whether
prohibition
of
the
person’s
19
employment
is
warranted.
A
person
who
is
required
by
this
20
subsection
to
inform
the
person’s
employer
of
a
conviction
or
21
entry
of
an
abuse
record
and
fails
to
do
so
within
the
required
22
period
commits
a
serious
misdemeanor.
23
b.
If
a
hospital
receives
credible
information,
as
24
determined
by
the
hospital,
that
a
person
employed
by
the
25
hospital
has
been
convicted
of
a
crime
or
a
record
of
founded
26
child
,
elder,
or
dependent
adult
abuse
has
been
entered
in
the
27
abuse
registry
after
employment
from
a
person
other
than
the
28
employee
and
the
employee
has
not
informed
the
hospital
of
such
29
information
within
the
period
required
under
paragraph
“a”
,
the
30
hospital
shall
act
to
verify
the
credible
information
within
31
forty-eight
hours
of
receipt
of
the
credible
information.
If
32
the
information
is
verified,
the
requirements
of
subsections
33
2,
3,
and
4
regarding
employability
and
evaluations
shall
34
be
applied
by
the
hospital
to
determine
whether
or
not
the
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person’s
employment
is
continued.
1
c.
The
hospital
may
notify
the
county
attorney
for
the
2
county
where
the
hospital
is
located
of
any
violation
or
3
failure
by
an
employee
to
notify
the
hospital
of
a
criminal
4
conviction
or
entry
of
an
a
child,
elder,
or
dependent
adult
5
abuse
record
within
the
period
required
under
paragraph
“a”
.
6
6.
A
hospital
licensed
in
this
state
may
access
the
single
7
contact
repository
established
by
the
department
pursuant
to
8
section
135C.33
as
necessary
for
the
hospital
to
perform
record
9
checks
of
persons
employed
or
being
considered
for
employment
10
by
the
hospital.
11
Sec.
27.
Section
135C.33,
Code
2014,
is
amended
to
read
as
12
follows:
13
135C.33
Employees
and
certified
nurse
aide
trainees
——
child
14
or
,
elder,
and
dependent
adult
abuse
information
and
criminal
15
record
checks
——
evaluations
——
application
to
other
providers
16
——
penalty.
17
1.
a.
For
the
purposes
of
this
section
,
the
term
“crime”
18
does
not
include
offenses
under
chapter
321
classified
as
a
19
simple
misdemeanor
or
equivalent
simple
misdemeanor
offenses
20
from
another
jurisdiction.
21
b.
Prior
to
employment
of
a
person
in
a
facility,
the
22
facility
shall
request
that
the
department
of
public
safety
23
perform
a
criminal
history
check
and
the
department
of
human
24
services
perform
child
and
elder
and
dependent
adult
abuse
25
record
checks
of
the
person
in
this
state.
A
facility
26
shall
inform
all
persons
prior
to
employment
regarding
the
27
performance
of
the
record
checks
and
shall
obtain,
from
28
the
persons,
a
signed
acknowledgment
of
the
receipt
of
the
29
information.
A
facility
shall
include
the
following
inquiry
in
30
an
application
for
employment:
31
Do
you
have
a
record
of
founded
child
,
elder,
or
dependent
32
adult
abuse
or
have
you
ever
been
convicted
of
a
crime
33
other
than
a
simple
misdemeanor
offense
relating
to
motor
34
vehicles
and
laws
of
the
road
under
chapter
321
or
equivalent
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provisions,
in
this
state
or
any
other
state?
1
2.
a.
If
it
is
determined
that
a
person
being
considered
2
for
employment
in
a
facility
has
been
convicted
of
a
crime
3
under
a
law
of
any
state,
the
department
of
public
safety
shall
4
notify
the
licensee
that
upon
the
request
of
the
licensee
5
the
department
of
human
services
will
perform
an
evaluation
6
to
determine
whether
the
crime
warrants
prohibition
of
the
7
person’s
employment
in
the
facility.
8
b.
(1)
If
a
person
being
considered
for
employment,
other
9
than
employment
involving
the
operation
of
a
motor
vehicle,
10
has
been
convicted
of
a
crime
listed
in
subparagraph
(2)
but
11
does
not
have
a
record
of
founded
child
,
elder,
or
dependent
12
adult
abuse
and
the
licensee
has
requested
an
evaluation
in
13
accordance
with
paragraph
“a”
to
determine
whether
the
crime
14
warrants
prohibition
of
the
person’s
employment,
the
licensee
15
may
employ
the
person
for
not
more
than
sixty
calendar
days
16
pending
completion
of
the
evaluation.
17
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
18
misdemeanor
offense
under
section
123.47
or
chapter
321
,
and
19
to
a
crime
that
is
a
first
offense
of
operating
a
motor
vehicle
20
while
intoxicated
under
section
321J.2,
subsection
1
.
21
c.
If
a
department
of
human
services
child
or
elder
and
22
dependent
adult
abuse
record
check
shows
that
such
person
has
23
a
record
of
founded
child
,
elder,
or
dependent
adult
abuse,
24
the
department
of
human
services
shall
notify
the
licensee
25
that
upon
the
request
of
the
licensee
the
department
of
human
26
services
will
perform
an
evaluation
to
determine
whether
27
the
founded
child
,
elder,
or
dependent
adult
abuse
warrants
28
prohibition
of
employment
in
the
facility.
29
d.
An
evaluation
performed
under
this
subsection
shall
30
be
performed
in
accordance
with
procedures
adopted
for
this
31
purpose
by
the
department
of
human
services.
32
e.
(1)
If
a
person
owns
or
operates
more
than
one
facility,
33
and
an
employee
of
one
of
such
facilities
is
transferred
to
34
another
such
facility
without
a
lapse
in
employment,
the
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facility
is
not
required
to
request
additional
criminal
and
1
child
and
elder
and
dependent
adult
abuse
record
checks
of
that
2
employee.
3
(2)
If
the
ownership
of
a
facility
is
transferred,
at
the
4
time
of
transfer
the
record
checks
required
by
this
section
5
shall
be
performed
for
each
employee
for
whom
there
is
no
6
documentation
that
such
record
checks
have
been
performed.
7
The
facility
may
continue
to
employ
such
employee
pending
the
8
performance
of
the
record
checks
and
any
related
evaluation.
9
3.
In
an
evaluation,
the
department
of
human
services
shall
10
consider
the
nature
and
seriousness
of
the
crime
or
founded
11
child
,
elder,
or
dependent
adult
abuse
in
relation
to
the
12
position
sought
or
held,
the
time
elapsed
since
the
commission
13
of
the
crime
or
founded
child
,
elder,
or
dependent
adult
abuse,
14
the
circumstances
under
which
the
crime
or
founded
child
,
15
elder,
or
dependent
adult
abuse
was
committed,
the
degree
of
16
rehabilitation,
the
likelihood
that
the
person
will
commit
17
the
crime
or
founded
child
,
elder,
or
dependent
adult
abuse
18
again,
and
the
number
of
crimes
or
founded
child
,
elder,
or
19
dependent
adult
abuses
committed
by
the
person
involved.
If
20
the
department
of
human
services
performs
an
evaluation
for
21
the
purposes
of
this
section
,
the
department
of
human
services
22
has
final
authority
in
determining
whether
prohibition
of
the
23
person’s
employment
is
warranted.
24
4.
a.
Except
as
provided
in
paragraph
“b”
and
subsection
2
,
25
a
person
who
has
committed
a
crime
or
has
a
record
of
founded
26
child
,
elder,
or
dependent
adult
abuse
shall
not
be
employed
in
27
a
facility
licensed
under
this
chapter
unless
an
evaluation
has
28
been
performed
by
the
department
of
human
services.
29
b.
A
person
with
a
criminal
or
child
or
elder
and
dependent
30
adult
abuse
record
who
is
or
was
employed
by
a
facility
31
licensed
under
this
chapter
and
is
hired
by
another
licensee
32
shall
be
subject
to
the
criminal
history
and
child
or
elder
33
and
dependent
adult
abuse
record
checks
required
pursuant
34
to
subsection
1
.
However,
if
an
evaluation
was
previously
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performed
by
the
department
of
human
services
concerning
1
the
person’s
criminal
or
child
or
elder
and
dependent
adult
2
abuse
record
and
it
was
determined
that
the
record
did
not
3
warrant
prohibition
of
the
person’s
employment
and
the
4
latest
record
checks
do
not
indicate
a
crime
was
committed
or
5
founded
child
or
elder
and
dependent
adult
abuse
record
was
6
entered
subsequent
to
that
evaluation,
the
person
may
commence
7
employment
with
the
other
licensee
in
accordance
with
the
8
department
of
human
services’
evaluation
and
an
exemption
from
9
the
requirements
in
paragraph
“a”
for
reevaluation
of
the
latest
10
record
checks
is
authorized.
Otherwise,
the
requirements
of
11
paragraph
“a”
remain
applicable
to
the
person’s
employment.
12
Authorization
of
an
exemption
under
this
paragraph
“b”
from
13
requirements
for
reevaluation
of
the
latest
record
checks
by
14
the
department
of
human
services
is
subject
to
all
of
the
15
following
provisions:
16
(1)
The
position
with
the
subsequent
employer
is
17
substantially
the
same
or
has
the
same
job
responsibilities
as
18
the
position
for
which
the
previous
evaluation
was
performed.
19
(2)
Any
restrictions
placed
on
the
person’s
employment
in
20
the
previous
evaluation
by
the
department
of
human
services
21
shall
remain
applicable
in
the
person’s
subsequent
employment.
22
(3)
The
person
subject
to
the
record
checks
has
maintained
a
23
copy
of
the
previous
evaluation
and
provides
the
evaluation
to
24
the
subsequent
employer
or
the
previous
employer
provides
the
25
previous
evaluation
from
the
person’s
personnel
file
pursuant
26
to
the
person’s
authorization.
If
a
physical
copy
of
the
27
previous
evaluation
is
not
provided
to
the
subsequent
employer,
28
the
record
checks
shall
be
reevaluated.
29
(4)
Although
an
exemption
under
this
paragraph
“b”
may
30
be
authorized,
the
subsequent
employer
may
instead
request
a
31
reevaluation
of
the
record
checks
and
may
employ
the
person
32
while
the
reevaluation
is
being
performed.
33
5.
a.
This
section
shall
also
apply
to
prospective
34
employees
of
all
of
the
following,
if
the
provider
is
regulated
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by
the
state
or
receives
any
state
or
federal
funding:
1
(1)
An
employee
of
a
homemaker-home
health
aide,
home
care
2
aide,
adult
day
services,
or
other
provider
of
in-home
services
3
if
the
employee
provides
direct
services
to
consumers.
4
(2)
An
employee
of
a
hospice,
if
the
employee
provides
5
direct
services
to
consumers.
6
(3)
An
employee
who
provides
direct
services
to
consumers
7
under
a
federal
home
and
community-based
services
waiver.
8
(4)
An
employee
of
an
elder
group
home
certified
under
9
chapter
231B
,
if
the
employee
provides
direct
services
to
10
consumers.
11
(5)
An
employee
of
an
assisted
living
program
certified
12
under
chapter
231C
,
if
the
employee
provides
direct
services
13
to
consumers.
14
b.
In
substantial
conformance
with
the
provisions
of
this
15
section
,
prior
to
the
employment
of
such
an
employee,
the
16
provider
shall
request
the
performance
of
the
criminal
and
17
child
and
elder
and
dependent
adult
abuse
record
checks.
The
18
provider
shall
inform
the
prospective
employee
and
obtain
19
the
prospective
employee’s
signed
acknowledgment.
The
20
department
of
human
services
shall
perform
the
evaluation
of
21
any
criminal
record
or
founded
child
or
elder
and
dependent
22
adult
abuse
record
and
shall
make
the
determination
of
whether
23
a
prospective
employee
of
a
provider
shall
not
be
employed
by
24
the
provider.
25
6.
a.
The
department
of
inspections
and
appeals,
in
26
conjunction
with
other
departments
and
agencies
of
state
27
government
involved
with
criminal
history
and
abuse
registry
28
information,
shall
establish
a
single
contact
repository
for
29
facilities
and
other
providers
to
have
electronic
access
to
30
data
to
perform
background
checks
for
purposes
of
employment,
31
as
required
of
the
facilities
and
other
providers
under
this
32
section
.
33
b.
The
department
may
access
the
single
contact
repository
34
for
any
of
the
following
purposes:
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(1)
To
verify
data
transferred
from
the
department’s
nurse
1
aide
registry
to
the
repository.
2
(2)
To
conduct
record
checks
of
applicants
for
employment
3
with
the
department.
4
7.
a.
If
a
person
employed
by
a
facility,
service,
or
5
program
employer
that
is
subject
to
this
section
is
convicted
6
of
a
crime
or
has
a
record
of
founded
child
,
elder,
or
7
dependent
adult
abuse
entered
in
the
abuse
registry
after
8
the
person’s
employment
application
date,
the
person
shall
9
inform
the
employer
of
such
information
within
forty-eight
10
hours
of
the
criminal
conviction
or
entry
of
the
record
of
11
founded
child
,
elder,
or
dependent
adult
abuse.
The
employer
12
shall
act
to
verify
the
information
within
forty-eight
13
hours
of
notification.
If
the
information
is
verified,
the
14
requirements
of
subsections
2,
3,
and
4
regarding
employability
15
and
evaluations
shall
be
applied
by
the
employer
to
determine
16
whether
or
not
the
person’s
employment
is
continued.
The
17
employer
may
continue
to
employ
the
person
pending
the
18
performance
of
an
evaluation
by
the
department
of
human
19
services
to
determine
whether
prohibition
of
the
person’s
20
employment
is
warranted.
A
person
who
is
required
by
this
21
subsection
to
inform
the
person’s
employer
of
a
conviction
or
22
entry
of
an
abuse
record
and
fails
to
do
so
within
the
required
23
period
commits
a
serious
misdemeanor.
24
b.
If
a
facility,
service,
or
program
employer
receives
25
credible
information,
as
determined
by
the
employer,
that
a
26
person
employed
by
the
employer
has
been
convicted
of
a
crime
27
or
a
record
of
founded
child
,
elder,
or
dependent
adult
abuse
28
has
been
entered
in
the
abuse
registry
after
employment
from
29
a
person
other
than
the
employee
and
the
employee
has
not
30
informed
the
employer
of
such
information
within
the
period
31
required
under
paragraph
“a”
,
the
employer
shall
act
to
verify
32
the
credible
information
within
forty-eight
hours
of
receipt
of
33
the
credible
information.
If
the
information
is
verified,
the
34
requirements
of
subsections
2,
3,
and
4
regarding
employability
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and
evaluations
shall
be
applied
to
determine
whether
or
not
1
the
person’s
employment
is
continued.
2
c.
The
employer
may
notify
the
county
attorney
for
the
3
county
where
the
employer
is
located
of
any
violation
or
4
failure
by
an
employee
to
notify
the
employer
of
a
criminal
5
conviction
or
entry
of
an
abuse
record
within
the
period
6
required
under
paragraph
“a”
.
7
8.
a.
For
the
purposes
of
this
subsection
,
unless
the
8
context
otherwise
requires:
9
(1)
“Certified
nurse
aide
training
program”
means
a
program
10
approved
in
accordance
with
the
rules
for
such
programs
adopted
11
by
the
department
of
human
services
for
the
training
of
persons
12
seeking
to
be
a
certified
nurse
aide
for
employment
in
any
of
13
the
facilities
or
programs
this
section
applies
to
or
in
a
14
hospital,
as
defined
in
section
135B.1
.
15
(2)
“Student”
means
a
person
applying
for,
enrolled
in,
or
16
returning
to
a
certified
nurse
aide
training
program.
17
b.
Prior
to
a
student
beginning
or
returning
to
a
certified
18
nurse
aide
training
program,
the
program
shall
request
that
the
19
department
of
public
safety
perform
a
criminal
history
check
20
and
the
department
of
human
services
perform
child
and
elder
21
and
dependent
adult
abuse
record
checks,
in
this
state,
of
the
22
student.
The
program
may
access
the
single
contact
repository
23
established
pursuant
to
this
section
as
necessary
for
the
24
program
to
initiate
the
record
checks.
25
c.
If
a
student
has
a
criminal
record
or
a
record
of
founded
26
child
,
elder,
or
dependent
adult
abuse,
the
student
shall
not
27
be
involved
in
a
clinical
education
component
of
the
certified
28
nurse
aide
training
program
involving
children
,
elders,
or
29
dependent
adults
unless
an
evaluation
has
been
performed
by
the
30
department
of
human
services.
Upon
request
of
the
certified
31
nurse
aide
training
program,
the
department
of
human
services
32
shall
perform
an
evaluation
to
determine
whether
the
record
33
warrants
prohibition
of
the
student’s
involvement
in
a
clinical
34
education
component
of
the
certified
nurse
aide
training
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program
involving
children
,
elders,
or
dependent
adults.
The
1
evaluation
shall
be
performed
in
accordance
with
the
criteria
2
specified
in
subsection
3
,
and
the
department
of
human
services
3
shall
report
the
results
of
the
evaluation
to
the
certified
4
nurse
aide
training
program.
The
department
of
human
services
5
has
final
authority
in
determining
whether
prohibition
of
the
6
student’s
involvement
in
the
clinical
education
component
is
7
warranted.
8
d.
(1)
If
a
student’s
clinical
education
component
of
9
the
training
program
involves
children
,
elders,
or
dependent
10
adults
but
does
not
involve
operation
of
a
motor
vehicle,
11
and
the
student
has
been
convicted
of
a
crime
listed
in
12
subparagraph
(2),
but
does
not
have
a
record
of
founded
child
,
13
elder,
or
dependent
adult
abuse,
and
the
training
program
14
has
requested
an
evaluation
in
accordance
with
paragraph
“c”
15
to
determine
whether
the
crime
warrants
prohibition
of
the
16
student’s
involvement
in
such
clinical
education
component,
the
17
training
program
may
allow
the
student’s
participation
in
the
18
component
for
not
more
than
sixty
days
pending
completion
of
19
the
evaluation.
20
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
21
misdemeanor
offense
under
section
123.47
or
chapter
321
,
and
22
to
a
crime
that
is
a
first
offense
of
operating
a
motor
vehicle
23
while
intoxicated
under
section
321J.2,
subsection
1
.
24
e.
(1)
If
a
student
is
convicted
of
a
crime
or
has
a
25
record
of
founded
child
,
elder,
or
dependent
adult
abuse
26
entered
in
the
abuse
registry
after
the
record
checks
and
any
27
evaluation
have
been
performed,
the
student
shall
inform
the
28
certified
nurse
aide
training
program
of
such
information
29
within
forty-eight
hours
of
the
criminal
conviction
or
entry
30
of
the
record
of
founded
child
,
elder,
or
dependent
adult
31
abuse.
The
program
shall
act
to
verify
the
information
within
32
forty-eight
hours
of
notification.
If
the
information
is
33
verified,
the
requirements
of
paragraph
“c”
shall
be
applied
34
by
the
program
to
determine
whether
or
not
the
student’s
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involvement
in
a
clinical
education
component
may
continue.
1
The
program
may
allow
the
student
involvement
to
continue
2
pending
the
performance
of
an
evaluation
by
the
department
of
3
human
services.
A
student
who
is
required
by
this
subparagraph
4
to
inform
the
program
of
a
conviction
or
entry
of
an
abuse
5
record
and
fails
to
do
so
within
the
required
period
commits
6
a
serious
misdemeanor.
7
(2)
If
a
program
receives
credible
information,
as
8
determined
by
the
program,
that
a
student
has
been
convicted
of
9
a
crime
or
a
record
of
founded
child
,
elder,
or
dependent
adult
10
abuse
has
been
entered
in
the
abuse
registry
after
the
record
11
checks
and
any
evaluation
have
been
performed,
from
a
person
12
other
than
the
student
and
the
student
has
not
informed
the
13
program
of
such
information
within
the
period
required
under
14
subparagraph
(1),
the
program
shall
act
to
verify
the
credible
15
information
within
forty-eight
hours
of
receipt
of
the
credible
16
information.
If
the
information
is
verified,
the
requirements
17
of
paragraph
“c”
shall
be
applied
to
determine
whether
or
not
18
the
student’s
involvement
in
a
clinical
education
component
may
19
continue.
20
(3)
The
program
may
notify
the
county
attorney
for
the
21
county
where
the
program
is
located
of
any
violation
or
failure
22
by
a
student
to
notify
the
program
of
a
criminal
conviction
23
or
entry
of
an
abuse
record
within
the
period
required
under
24
subparagraph
(1).
25
f.
If
a
certified
nurse
aide
training
program
is
conducted
26
by
a
health
care
facility
and
a
student
of
that
program
27
subsequently
accepts
and
begins
employment
with
the
facility
28
within
thirty
days
of
completing
the
program,
the
criminal
29
history
and
abuse
registry
checks
of
the
student
performed
30
pursuant
to
this
subsection
shall
be
deemed
to
fulfill
the
31
requirements
for
such
checks
prior
to
employment
pursuant
to
32
subsection
1
.
33
Sec.
28.
Section
135H.7,
subsections
4
and
6,
Code
2014,
are
34
amended
to
read
as
follows:
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4.
In
addition
to
the
record
checks
required
under
1
subsection
2
,
the
department
of
human
services
may
conduct
2
elder
and
dependent
adult
abuse
record
checks
in
this
state
3
and
may
conduct
these
checks
in
other
states,
on
a
random
4
basis.
The
provisions
of
subsections
2
and
3
,
relative
to
an
5
evaluation
following
a
determination
that
a
person
has
been
6
convicted
of
a
crime
or
has
a
record
of
founded
child
abuse,
7
shall
also
apply
to
a
random
elder
and
dependent
adult
abuse
8
record
check
conducted
under
this
subsection
.
9
6.
On
or
after
July
1,
1994,
a
licensee
shall
include
the
10
following
inquiry
in
an
application
for
employment:
11
Do
you
have
a
record
of
founded
child
,
elder,
or
dependent
12
adult
abuse
or
have
you
ever
been
convicted
of
a
crime,
in
this
13
state
or
any
other
state?
14
Sec.
29.
Section
135O.3,
subsection
4,
Code
2014,
is
amended
15
to
read
as
follows:
16
4.
If
the
department
or
a
multidisciplinary
team
has
17
probable
cause
to
believe
that
a
boarding
home
is
in
violation
18
of
this
chapter
or
licensing
or
other
regulatory
requirements
19
of
the
department
of
human
services,
department
of
inspections
20
and
appeals,
or
department
of
public
health,
or
that
elder
or
21
dependent
adult
abuse
of
any
individual
living
in
a
boarding
22
home
has
occurred,
and
upon
producing
proper
identification,
is
23
denied
entry
to
the
boarding
home
or
access
to
any
individual
24
living
in
the
boarding
home
for
the
purpose
of
making
an
25
inspection
or
conducting
an
investigation,
the
department
or
26
multidisciplinary
team
may,
with
the
assistance
of
the
county
27
attorney
of
the
county
in
which
the
boarding
home
is
located,
28
apply
to
the
district
court
for
an
order
requiring
the
owner
or
29
lessee
to
permit
entry
to
the
boarding
home
and
access
to
the
30
individuals
living
in
the
boarding
home.
31
Sec.
30.
Section
144A.11,
subsection
1,
Code
2014,
is
32
amended
to
read
as
follows:
33
1.
Death
resulting
from
the
withholding
or
withdrawal
34
of
life-sustaining
procedures
pursuant
to
a
declaration
or
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out-of-hospital
do-not-resuscitate
order
and
in
accordance
with
1
this
chapter
does
not,
for
any
purpose,
constitute
a
suicide,
2
homicide,
or
elder
or
dependent
adult
abuse.
3
Sec.
31.
Section
144D.4,
subsection
4,
Code
2014,
is
amended
4
to
read
as
follows:
5
4.
Death
resulting
from
the
withholding
or
withdrawal
of
6
life-sustaining
procedures
pursuant
to
an
executed
POST
form
7
and
in
accordance
with
this
chapter
does
not,
for
any
purpose,
8
constitute
a
suicide,
homicide,
or
elder
or
dependent
adult
9
abuse.
10
Sec.
32.
Section
152.5,
subsection
3,
paragraphs
c
and
d,
11
Code
2014,
are
amended
to
read
as
follows:
12
c.
A
nursing
program
shall
request
that
the
department
13
of
public
safety
perform
a
criminal
history
check
and
the
14
department
of
human
services
perform
child
and
elder
and
15
dependent
adult
abuse
record
checks
in
this
state
on
the
16
nursing
program’s
students.
17
d.
If
a
student
has
a
criminal
record
or
a
record
of
18
founded
child
,
elder,
or
dependent
adult
abuse,
upon
request
19
of
the
nursing
program,
the
department
of
human
services
shall
20
perform
an
evaluation
to
determine
whether
the
record
warrants
21
prohibition
of
the
person’s
involvement
in
a
clinical
education
22
component
of
a
nursing
program
involving
children
,
elders,
23
or
dependent
adults.
The
department
of
human
services
shall
24
utilize
the
criteria
provided
in
section
135C.33
in
performing
25
the
evaluation
and
shall
report
the
results
of
the
evaluation
26
to
the
nursing
program.
The
department
of
human
services
has
27
final
authority
in
determining
whether
prohibition
of
the
28
person’s
involvement
in
a
clinical
education
component
is
29
warranted.
30
Sec.
33.
Section
216A.136,
subsection
3,
Code
2014,
is
31
amended
to
read
as
follows:
32
3.
Dependent
Elder
and
dependent
adult
abuse
records
33
maintained
under
chapter
235B
.
34
Sec.
34.
Section
217.44,
subsections
1,
2,
and
4,
Code
2014,
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are
amended
to
read
as
follows:
1
1.
The
department
shall
conduct
criminal
and
child
and
2
elder
and
dependent
adult
abuse
record
checks
of
persons
who
3
are
potential
employees,
employees,
potential
volunteers,
and
4
volunteers
in
service
area
offices
in
a
position
having
direct
5
contact
with
the
department’s
clients.
The
record
checks
shall
6
be
performed
in
this
state
and
the
department
may
conduct
these
7
checks
in
other
states.
If
the
department
determines
that
a
8
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
9
child
,
elder,
or
dependent
adult
abuse,
the
department
shall
10
perform
an
evaluation
to
determine
whether
the
crime
or
founded
11
abuse
warrants
prohibition
of
the
person’s
employment
or
12
participation
as
a
volunteer.
The
record
checks
and
evaluation
13
shall
be
performed
in
accordance
with
procedures
adopted
for
14
this
purpose
by
the
department.
15
2.
In
an
evaluation,
the
department
shall
consider
16
the
nature
and
seriousness
of
the
crime
or
founded
child
,
17
elder,
or
dependent
adult
abuse
in
relation
to
the
position
18
sought
or
held,
the
time
elapsed
since
the
commission
of
the
19
crime
or
founded
child,
elder,
or
dependent
adult
abuse,
20
the
circumstances
under
which
the
crime
or
founded
child,
21
elder,
or
dependent
adult
abuse
was
committed,
the
degree
of
22
rehabilitation,
the
likelihood
that
the
person
will
commit
the
23
crime
or
founded
child,
elder,
or
dependent
adult
abuse
again,
24
and
the
number
of
crimes
or
founded
child,
elder,
or
dependent
25
adult
abuses
committed
by
the
person
involved.
26
4.
If
the
department
determines
that
the
person
has
27
committed
a
crime
or
has
a
record
of
founded
child
,
elder,
or
28
dependent
adult
abuse
which
warrants
prohibition
of
employment
29
or
participation
as
a
volunteer,
the
person
shall
not
be
30
employed
by
or
participate
as
a
volunteer
in
a
department
31
service
area
office
in
a
position
having
direct
contact
with
32
the
department’s
clients.
33
Sec.
35.
Section
218.13,
subsections
2,
3,
4,
and
5,
Code
34
2014,
are
amended
to
read
as
follows:
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2.
If
a
person
is
being
considered
for
employment
involving
1
direct
responsibility
for
a
resident
or
with
access
to
a
2
resident
when
the
resident
is
alone,
or
if
a
person
will
reside
3
in
a
facility
utilized
by
an
institution,
and
if
the
person
4
has
been
convicted
of
a
crime
or
has
a
record
of
founded
5
child
,
elder,
or
dependent
adult
abuse,
the
department
shall
6
perform
an
evaluation
to
determine
whether
the
crime
or
founded
7
abuse
warrants
prohibition
of
employment
or
residence
in
the
8
facility.
The
department
shall
conduct
criminal
and
child
and
9
elder
and
dependent
adult
abuse
record
checks
of
the
person
in
10
this
state
and
may
conduct
these
checks
in
other
states.
The
11
investigation
and
evaluation
shall
be
performed
in
accordance
12
with
procedures
adopted
for
this
purpose
by
the
department.
13
3.
If
the
department
determines
that
a
person,
who
is
14
employed
by
an
institution
or
resides
in
a
facility
utilized
15
by
an
institution,
has
been
convicted
of
a
crime
or
has
a
16
record
of
founded
child
,
elder,
or
dependent
adult
abuse,
17
the
department
shall
perform
an
evaluation
to
determine
18
whether
prohibition
of
the
person’s
employment
or
residence
is
19
warranted.
The
evaluation
shall
be
performed
in
accordance
20
with
procedures
adopted
for
this
purpose
by
the
department.
21
4.
In
an
evaluation,
the
department
shall
consider
22
the
nature
and
seriousness
of
the
crime
or
founded
child
,
23
elder,
or
dependent
adult
abuse
in
relation
to
the
position
24
sought
or
held,
the
time
elapsed
since
the
commission
of
the
25
crime
or
founded
child,
elder,
or
dependent
adult
abuse,
26
the
circumstances
under
which
the
crime
or
founded
child,
27
elder,
or
dependent
adult
abuse
was
committed,
the
degree
of
28
rehabilitation,
the
likelihood
that
the
person
will
commit
the
29
crime
or
founded
child,
elder,
or
dependent
adult
abuse
again,
30
and
the
number
of
crimes
or
founded
child,
elder,
or
dependent
31
adult
abuses
committed
by
the
person
involved.
The
department
32
may
permit
a
person
who
is
evaluated
to
be
employed
or
reside
33
or
to
continue
employment
or
residence
if
the
person
complies
34
with
the
department’s
conditions
relating
to
employment
or
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residence
which
may
include
completion
of
additional
training.
1
5.
If
the
department
determines
that
the
person
has
2
committed
a
crime
or
has
a
record
of
founded
child
,
elder,
3
or
dependent
adult
abuse
which
warrants
prohibition
of
4
employment
or
residence,
the
person
shall
not
be
employed
by
an
5
institution
or
reside
in
a
facility
utilized
by
an
institution.
6
Sec.
36.
Section
231B.10,
subsection
1,
paragraph
f,
Code
7
2014,
is
amended
to
read
as
follows:
8
f.
Founded
elder
or
dependent
adult
abuse
as
defined
in
9
section
235B.2
.
10
Sec.
37.
Section
231C.10,
subsection
1,
paragraph
f,
Code
11
2014,
is
amended
to
read
as
follows:
12
f.
Failure
to
protect
tenants
from
elder
or
dependent
adult
13
abuse
as
defined
in
section
235E.1
235B.2
.
14
Sec.
38.
Section
231D.5,
subsection
1,
paragraph
g,
Code
15
2014,
is
amended
to
read
as
follows:
16
g.
Founded
elder
or
dependent
adult
abuse
as
defined
in
17
section
235B.2
.
18
Sec.
39.
Section
232.71B,
subsection
9,
Code
2014,
is
19
amended
to
read
as
follows:
20
9.
Protective
disclosure.
If
the
department
determines
21
that
disclosure
is
necessary
for
the
protection
of
a
child,
22
the
department
may
disclose
to
a
subject
of
a
child
abuse
23
report
referred
to
in
section
235A.15,
subsection
2
,
paragraph
24
“a”
,
that
an
individual
is
listed
in
the
child
or
elder
and
25
dependent
adult
abuse
registry
or
is
required
to
register
with
26
the
sex
offender
registry
in
accordance
with
chapter
692A
.
27
Sec.
40.
Section
237.8,
subsections
3
and
5,
Code
2014,
are
28
amended
to
read
as
follows:
29
3.
In
addition
to
the
record
checks
required
under
30
subsection
2
,
the
department
of
human
services
may
conduct
31
elder
and
dependent
adult
abuse
record
checks
in
this
state
and
32
may
conduct
these
checks
in
other
states,
on
a
random
basis.
33
The
provisions
of
subsection
2
,
relative
to
an
evaluation
34
following
a
determination
that
a
person
has
been
convicted
of
a
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crime
or
has
a
record
of
founded
child
abuse,
shall
also
apply
1
to
a
random
check
conducted
under
this
subsection
.
2
5.
On
or
after
July
1,
1994,
a
licensee
shall
include
the
3
following
inquiry
in
an
application
for
employment:
4
Do
you
have
a
record
of
founded
child
,
elder,
or
dependent
5
adult
abuse
or
have
you
ever
been
convicted
of
a
crime,
in
this
6
state
or
any
other
state?
7
Sec.
41.
Section
237A.5,
subsection
2,
paragraph
a,
8
subparagraph
(3),
subparagraph
division
(b),
Code
2014,
is
9
amended
to
read
as
follows:
10
(b)
A
record
of
having
committed
founded
child
,
elder,
or
11
dependent
adult
abuse.
12
Sec.
42.
Section
237A.5,
subsection
2,
paragraph
c,
Code
13
2014,
is
amended
to
read
as
follows:
14
c.
Unless
a
record
check
has
already
been
conducted
in
15
accordance
with
paragraph
“b”
,
the
department
shall
conduct
16
a
an
elder
and
dependent
adult
and
criminal
and
child
abuse
17
record
check
in
this
state
for
a
person
who
is
subject
to
a
18
record
check
and
may
conduct
such
a
check
in
other
states.
In
19
addition,
the
department
may
conduct
a
dependent
adult
abuse,
20
sex
offender
registry,
or
other
public
or
civil
offense
record
21
check
in
this
state
or
in
other
states
for
a
person
who
is
22
subject
to
a
record
check.
23
Sec.
43.
Section
237A.5,
subsection
2,
paragraph
i,
24
subparagraph
(1),
unnumbered
paragraph
1,
Code
2014,
is
amended
25
to
read
as
follows:
26
A
person
subject
to
an
evaluation
shall
be
prohibited
27
from
involvement
with
child
care
if
the
person
has
a
record
28
of
founded
child
,
elder,
or
dependent
adult
abuse
that
was
29
determined
to
be
sexual
abuse,
the
person
is
listed
on
the
30
sex
offender
registry
under
chapter
692A
,
or
the
person
has
31
committed
any
of
the
following
felony-level
offenses:
32
Sec.
44.
Section
237A.5,
subsection
4,
Code
2014,
is
amended
33
to
read
as
follows:
34
4.
On
or
after
July
1,
1994,
a
licensee
or
registrant
shall
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include
the
following
inquiry
in
an
application
for
employment:
1
Do
you
have
a
record
of
founded
child
,
elder,
or
dependent
2
adult
abuse
or
have
you
ever
been
convicted
of
a
crime,
in
this
3
state
or
any
other
state?
4
Sec.
45.
Section
249A.29,
subsection
2,
Code
2014,
is
5
amended
to
read
as
follows:
6
2.
If
a
person
is
being
considered
by
a
provider
for
7
employment
involving
direct
responsibility
for
a
consumer
or
8
with
access
to
a
consumer
when
the
consumer
is
alone,
and
if
9
the
person
has
been
convicted
of
a
crime
or
has
a
record
of
10
founded
child
,
elder,
or
dependent
adult
abuse,
the
department
11
shall
perform
an
evaluation
to
determine
whether
the
crime
12
or
founded
child,
elder,
or
dependent
adult
abuse
warrants
13
prohibition
of
employment
by
the
provider.
The
department
14
shall
conduct
criminal
and
child
and
elder
and
dependent
15
adult
abuse
records
checks
of
the
person
in
this
state
and
16
may
conduct
these
checks
in
other
states.
The
records
checks
17
and
evaluations
required
by
this
section
shall
be
performed
18
in
accordance
with
procedures
adopted
for
this
purpose
by
the
19
department.
20
Sec.
46.
Section
272.2,
subsection
17,
Code
2014,
is
amended
21
to
read
as
follows:
22
17.
Adopt
rules
to
require
that
a
background
investigation
23
be
conducted
by
the
division
of
criminal
investigation
of
the
24
department
of
public
safety
on
all
initial
applicants
for
25
licensure.
The
board
shall
also
require
all
initial
applicants
26
to
submit
a
completed
fingerprint
packet
and
shall
use
the
27
packet
to
facilitate
a
national
criminal
history
background
28
check.
The
board
shall
have
access
to,
and
shall
review
29
the
sex
offender
registry
information
under
section
692A.121
30
available
to
the
general
public,
the
central
registry
for
child
31
abuse
information
established
under
chapter
235A
,
and
the
elder
32
and
dependent
adult
abuse
records
maintained
under
chapter
235B
33
for
information
regarding
applicants
for
license
renewal.
34
Sec.
47.
Section
279.13,
subsection
1,
paragraph
b,
35
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subparagraph
(1),
Code
2014,
is
amended
to
read
as
follows:
1
(1)
Prior
to
entering
into
an
initial
contract
with
a
2
teacher
who
holds
a
license
other
than
an
initial
license
3
issued
by
the
board
of
educational
examiners
under
chapter
272
,
4
the
school
district
shall
initiate
a
state
criminal
history
5
record
check
of
the
applicant
through
the
division
of
criminal
6
investigation
of
the
department
of
public
safety,
submit
the
7
applicant’s
fingerprints
to
the
division
for
submission
to
the
8
federal
bureau
of
investigation
for
a
national
criminal
history
9
record
check,
and
review
the
sex
offender
registry
information
10
under
section
692A.121
available
to
the
general
public,
the
11
central
registry
for
child
abuse
information
established
12
under
section
235A.14
,
and
the
central
registry
for
elder
and
13
dependent
adult
abuse
information
established
under
section
14
235B.5
for
information
regarding
the
applicant
for
employment
15
as
a
teacher.
16
Sec.
48.
Section
279.69,
subsections
1
and
2,
Code
2014,
are
17
amended
to
read
as
follows:
18
1.
Prior
to
hiring
an
applicant
for
a
school
employee
19
position,
a
school
district
shall
have
access
to
and
shall
20
review
the
information
in
the
Iowa
court
information
system
21
available
to
the
general
public,
the
sex
offender
registry
22
information
under
section
692A.121
available
to
the
general
23
public,
the
central
registry
for
child
abuse
information
24
established
under
section
235A.14
,
and
the
central
registry
25
for
elder
and
dependent
adult
abuse
information
established
26
under
section
235B.5
for
information
regarding
the
applicant.
27
A
school
district
shall
follow
the
same
procedure
by
June
30,
28
2014,
for
each
school
employee
employed
by
the
school
district
29
as
of
July
1,
2013.
A
school
district
shall
implement
a
30
consistent
policy
to
follow
the
same
procedure
for
each
school
31
employee
employed
by
the
school
district
on
or
after
July
1,
32
2013,
at
least
every
five
years
after
the
school
employee’s
33
initial
date
of
hire.
A
school
district
shall
not
charge
34
an
employee
for
the
cost
of
the
registry
checks
conducted
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pursuant
to
this
subsection
.
A
school
district
shall
maintain
1
documentation
demonstrating
compliance
with
this
subsection
.
2
2.
Being
listed
in
the
sex
offender
registry
established
3
under
chapter
692A
,
the
central
registry
for
child
abuse
4
information
established
under
section
235A.14
,
or
the
central
5
registry
for
elder
and
dependent
adult
abuse
information
6
established
under
section
235B.5
shall
constitute
grounds
for
7
the
immediate
suspension
from
duties
of
a
school
employee,
8
pending
a
termination
hearing
by
the
board
of
directors
of
a
9
school
district.
A
termination
hearing
conducted
pursuant
to
10
this
subsection
shall
be
limited
to
the
question
of
whether
the
11
school
employee
was
incorrectly
listed
in
the
registry.
12
Sec.
49.
Section
321.375,
subsection
2,
Code
2014,
is
13
amended
to
read
as
follows:
14
2.
Prior
to
hiring
an
applicant
for
a
school
bus
driver
15
position,
including
a
contract
position,
an
employer
shall
have
16
access
to
and
shall
review
the
information
in
the
Iowa
court
17
information
system
available
to
the
general
public,
the
sex
18
offender
registry
information
under
section
692A.121
available
19
to
the
general
public,
the
central
registry
for
child
abuse
20
information
established
under
section
235A.14
,
and
the
central
21
registry
for
elder
and
dependent
adult
abuse
information
22
established
under
section
235B.5
for
information
regarding
the
23
applicant.
An
employer
shall
follow
the
same
procedure
upon
24
the
renewal
of
an
employee’s
or
contract
employee’s
school
bus
25
driver’s
license
issued
by
the
department
of
transportation
26
valid
for
the
operation
of
a
school
bus.
An
employer
shall
27
pay
for
the
cost
of
the
registry
checks
conducted
pursuant
to
28
this
subsection
.
An
employer
shall
maintain
documentation
29
demonstrating
compliance
with
this
subsection
.
30
Sec.
50.
Section
321.375,
subsection
3,
paragraph
e,
Code
31
2014,
is
amended
to
read
as
follows:
32
e.
The
school
bus
driver
is
listed
in
the
sex
offender
33
registry
established
under
chapter
692A
,
the
central
registry
34
for
child
abuse
information
established
under
section
235A.14
,
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or
the
central
registry
for
elder
and
dependent
adult
abuse
1
information
established
under
section
235B.5
.
A
termination
2
hearing
conducted
pursuant
to
this
paragraph
shall
be
3
limited
to
the
question
of
whether
the
school
bus
driver
was
4
incorrectly
listed
in
the
registry.
5
Sec.
51.
Section
331.909,
subsection
2,
Code
2014,
is
6
amended
to
read
as
follows:
7
2.
The
activities
of
a
multidisciplinary
community
services
8
team
shall
not
duplicate
the
activities
of
a
multidisciplinary
9
team
for
child
abuse
under
section
235A.13
,
elder
and
dependent
10
adult
abuse
activities
under
section
235B.6
,
or
child
victim
11
services
provided
under
section
915.35
.
12
Sec.
52.
Section
598.41D,
subsection
4,
paragraph
b,
13
subparagraph
(3),
Code
2014,
is
amended
to
read
as
follows:
14
(3)
That
the
specified
family
member
does
not
have
a
record
15
of
founded
child
,
elder,
or
dependent
adult
abuse.
16
Sec.
53.
Section
692A.102,
subsection
1,
paragraph
b,
17
subparagraph
(17),
Code
2014,
is
amended
to
read
as
follows:
18
(17)
Incest
committed
against
an
elder
or
a
dependent
adult
19
as
defined
in
section
235B.2
in
violation
of
section
726.2
.
20
Sec.
54.
Section
692A.115,
Code
2014,
is
amended
to
read
as
21
follows:
22
692A.115
Employment
where
elders
or
dependent
adults
reside.
23
1.
Unless
authorized
as
provided
in
subsection
2
,
a
sex
24
offender
shall
not
be
an
employee
of
a
facility
providing
25
services
for
elders
or
dependent
adults
or
at
events
where
26
dependent
adults
participate
in
programming
and
shall
not
27
loiter
on
the
premises
or
grounds
of
a
facility
or
at
an
event
28
providing
such
services
or
programming.
29
2.
An
adult
sex
offender
who
is
a
patient
or
resident
30
of
a
health
care
facility
as
defined
in
section
135C.1
,
31
a
participant
in
a
medical
assistance
program
home
and
32
community-based
services
waiver
program,
or
a
participant
in
a
33
medical
assistance
state
plan
employment
services
as
part
of
34
the
participant’s
habilitation
plan
shall
not
be
considered
to
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be
in
violation
of
subsection
1
.
1
Sec.
55.
Section
726.8,
Code
2014,
is
amended
to
read
as
2
follows:
3
726.8
Wanton
neglect
or
nonsupport
of
an
elder
or
a
dependent
4
adult.
5
1.
A
caretaker
commits
wanton
neglect
of
an
elder
or
a
6
dependent
adult
if
the
caretaker
knowingly
acts
in
a
manner
7
likely
to
be
injurious
to
the
physical,
mental,
or
emotional
8
welfare
of
an
elder
or
a
dependent
adult.
Wanton
neglect
of
an
9
elder
or
a
dependent
adult
is
a
serious
misdemeanor.
10
2.
A
person
who
has
legal
responsibility
either
through
11
contract
or
court
order
for
support
of
an
elder
or
a
dependent
12
adult
and
who
fails
or
refuses
to
provide
support
commits
13
nonsupport.
Nonsupport
is
a
class
“D”
felony.
14
3.
A
person
alleged
to
have
committed
wanton
neglect
or
15
nonsupport
of
an
elder
or
a
dependent
adult
shall
be
charged
16
with
the
respective
offense
unless
a
charge
may
be
brought
17
based
upon
a
more
serious
offense,
in
which
case
the
charge
18
of
the
more
serious
offense
shall
supersede
the
less
serious
19
charge.
20
4.
For
the
purposes
of
this
section
,
“dependent
adult”
means
21
a
dependent
adult
as
defined
in
section
235B.2,
subsection
4
,
22
“elder”
,
and
“caretaker”
means
a
caretaker
mean
the
same
as
23
defined
in
section
235B.2
,
subsection
1
.
24
Sec.
56.
Section
915.84,
subsection
3,
Code
2014,
is
amended
25
to
read
as
follows:
26
3.
Notwithstanding
subsection
2
,
a
victim
under
the
age
of
27
eighteen
or
an
elder
or
a
dependent
adult
as
defined
in
section
28
235B.2
who
has
been
sexually
abused
or
subjected
to
any
other
29
unlawful
sexual
conduct
under
chapter
709
or
726
or
who
has
30
been
the
subject
of
a
forcible
felony
is
not
required
to
report
31
the
crime
to
the
local
police
department
or
county
sheriff
32
department
to
be
eligible
for
compensation
if
the
crime
was
33
allegedly
committed
upon
a
child
by
a
person
responsible
for
34
the
care
of
a
child,
as
defined
in
section
232.68,
subsection
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8
,
or
upon
an
elder
as
defined
in
section
235B.2
by
any
person,
1
or
upon
a
dependent
adult
by
a
caretaker
as
defined
in
section
2
235B.2
,
and
was
reported
to
an
employee
of
the
department
of
3
human
services
and
the
employee
verifies
the
report
to
the
4
department.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
expands
provisions
relating
to
dependent
adult
9
abuse
including
reporting
of
dependent
adult
abuse,
the
10
dependent
adult
abuse
registry,
and
provision
of
protective
11
services
to
be
applicable
to
elders
and
elder
abuse.
The
bill
12
defines
“elder”
to
be
a
resident
of
this
state
who
is
65
years
13
of
age
or
older.
14
The
bill
eliminates
the
restriction
of
the
definition
15
of
abuse
to
only
perpetration
of
abuse
by
caretakers
and
16
instead
provides
that
abuse
may
be
perpetrated
by
any
person
17
including
a
caretaker.
The
bill
defines
“abuse”
to
include
18
financial
exploitation
which
means
the
illegal,
unauthorized,
19
or
improper
taking
or
use
of
an
elder’s
or
dependent
adult’s
20
funds,
property,
or
assets
for
the
personal
or
pecuniary
profit
21
or
benefit
of
a
person
other
than
the
elder
or
dependent
22
adult.
Financial
exploitation
includes
but
is
not
limited
to
23
possessing
or
using
an
elder’s
or
dependent
adult’s
funds,
24
property,
or
other
assets
through
undue
influence,
harassment,
25
duress,
deception,
or
misrepresentation
for
the
profit
or
26
benefit
of
a
person
other
than
the
elder
or
dependent
adult.
27
However,
the
bill
specifically
excludes
from
the
definition
28
of
abuse,
good-faith
assistance
in
managing
the
financial
29
affairs
of
an
elder
or
dependent
adult
by
a
family
or
household
30
member
or
other
person,
undertaken
at
the
request
of
an
elder,
31
dependent
adult,
or
a
family
member,
guardian
or
conservator
32
of
an
elder
or
dependent
adult.
33
The
bill
adds
a
provision
regarding
the
making
of
a
report
34
of
suspected
elder
or
dependent
adult
abuse
to
provide
that
a
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person
making
a
report
who
reasonably
believes
that
an
elder
or
1
dependent
adult
is
in
immediate
danger
shall
also
make
a
report
2
to
the
appropriate
law
enforcement
agency.
3
The
bill
provides
other
criminal
relief
for
older
4
individuals.
5
The
bill
establishes
the
crime
of
theft
against
an
older
6
individual
which
enhances
the
penalties
for
the
existing
crime
7
of
theft
by
one
degree
based
upon
the
victim
being
an
older
8
individual.
9
The
bill
amends
the
criminal
provision
providing
for
10
additional
civil
penalties
for
consumer
frauds
against
the
11
elderly
to
apply
to
the
provision
to
consumer
frauds
against
12
older
individuals
60
years
of
age
or
older.
13
The
bill
establishes
the
crime
of
financial
exploitation
of
14
an
older
individual.
A
person
commits
financial
exploitation
15
of
an
older
individual
when
the
person
stands
in
a
position
of
16
trust
or
confidence
with
the
older
individual
and
knowingly
17
and
by
undue
influence,
deception,
coercion,
fraud,
breach
of
18
fiduciary
duty,
or
extortion,
obtains
control
over
or
otherwise
19
uses
the
benefits,
property,
resources,
belongings,
or
assets
20
of
the
older
individual.
The
criminal
penalties
range
from
a
21
serious
misdemeanor
to
a
class
“B”
felony
based
on
the
amount
22
of
benefits,
property,
resources,
belongings,
or
assets
of
the
23
older
individual
involved.
In
addition,
the
application
of
24
the
class
“B”
felony
is
adjusted
based
on
the
increased
age
of
25
the
older
individual
in
addition
to
the
value
of
the
benefits,
26
property,
resources,
belongings,
or
assets
involved.
27
The
bill
makes
conforming
changes
throughout
the
Code
to
28
provide
that
provisions
currently
applicable
to
dependent
adult
29
abuse
are
also
applicable
to
elder
abuse.
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