HF 544 — A bill for an act including personal degradation as a form of dependent adult abuse by caretakers in facilities and programs regulated by the department of inspections and appeals, and including effective date provisions. (Formerly HSB 146.) Effective 3-30-17.

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TLSBSection 1218HV1. (2) 87 hb/nh/rh H.F.

544 Section 1.

“Personal degradation” does not include the taking, transmission, or display of an electronic image of a dependent adult for the purpose of reporting dependent adult abuse to law enforcement, the department, or other regulatory agencyHouse thatFile oversees544, caretakersp. or enforces abuse or neglect provisions, or for the purpose of treatment or diagnosis or as part of an ongoing investigation.

2 agency that oversees caretakers or enforces abuse or neglect provisions, or for the purpose of treatment or diagnosis or as part of an ongoing investigation.

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544BRANSTAD appeals.Governor

The bill provides that personal degradation is a willful act or statement by a caretaker in a facility or program that is intended to shame, degrade, humiliate, or otherwise harm the dependent adult’s personal dignity;

or a willful act or statement by a caretaker where the caretaker reasonably should have known the act or statement would shame, degrade, humiliate, or otherwise harm the dependent adult’s personal dignity.

Personal degradation includes the taking, transmitting, or displaying of an electronic image of a dependent adult by a caretaker, where the caretaker intended to cause or should have known such act would cause shame, degradation, or humiliation, or otherwise harm the personal dignity of the dependent adult.

The bill creates an exception for electronic images that are taken, transmitted, or displayed for the purposes of treatment, diagnosis, or ongoing investigation.

The bill provides personal degradation does not occur when a caretaker takes, transmits, or displays an electronic image in accordance with the facility’s or program’s release of information or consent policies.

The bill takes effect upon enactment.

LSB 1218HV (2) 87 -2- hb/nh/rh 2/2