Including personal degradation of a dependent adult as a form of dependent adult abuse by a caretaker regulated by the department of human services, and making penalties applicable

“Personal degradation” includes the taking, transmission, or display of an electronic image of a dependent adult by a caretaker, where the caretaker’s actions constitute a willful act or statement intended to shame, degrade, humiliate, or otherwise harm the personal dignity of the dependent adult. The bill creates an exception to the definition for electronic images of a dependent adult that are taken, transmitted, or displayed for the purpose of reporting dependent adult abuse or for the purpose of treatment or diagnosis or as part of an ongoing investigation. The bill provides “personal degradation” does not include the taking, transmission, or display of an electronic image by a caretaker who takes, transmits, or displays the electronic image in accordance with the confidentiality policy and release of information or consent policies of a contractor, employer, or facility or program not regulated by the department of inspections and appeals pursuant to Code chapter 235E (dependent adult abuse in facilities and programs). For purposes of Code chapter 235B, a caretaker is defined as a related or nonrelated person who has the responsibility for the protection, care, or custody of a dependent adult as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court. A caretaker who commits the crime of dependent adult abuse by personal degradation is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. A caretaker who is the subject of a report of dependent adult abuse may be placed on the dependent adult abuse registry.