Elder abuse and nursing home neglect are everyday terms in law offices and the homes of those with a loved one in resident care. It may seem the legal community and families are on the attack against the elder care industry, examining everything from food trays to the dialect of a certified nursing assistant (CNA) for one glimmer of wrongdoing.
Such vigilance is with good intention. The elderly are vulnerable. Those with dementia don’t know where they are. Elderly hat are lucid fear complaining will compromise their care. They are the ones who have to make nice with the staff, not the families who simply visit and loosely look around the facility.
But is this watchdog mentality well founded? In Iowa, officials aren’t sure. There is a bill in the state legislature that would criminalize misconduct by altering the state’s dependant adult abuse law. While modification of the law would be a vanguard, it might deter a health care professional from seeking employment. How effective would a work shortage be? Inspections and surveillance cameras might be the norm but an Orwellian mindset?
Mixed reaction was predictable, especially in the political environment. The current law is awash in gray. It stipulates “some” employees – laundry and housekeeping -- could sexually assault or steal from residents and not face abuse charges since their job descriptions don’t include the “caretaking” label.
Police State or a Reprimand?
One official feels the current law is lax. "Many other states have more stringent abuse laws than Iowa," said Wendy Dishman of the Iowa Department of Inspections and Appeals (DIA) office. She told a House subcommittee, "We need to start taking steps to close some of these loopholes," according to the Des Moines Register.
But Susan Cameron, lobbyist for the Iowa Center for Assisted Living, said such legislation moves toward a police state. She said it would "criminalize the work force," driving caregivers from the profession.
One Iowa legislator said the proposed measure is unrealistic and unfair. Rep. Linda Upmeyer is a nurse practitioner and also assistant House minority leader.
"If I were a CNA, or as an RN (registered nurse), I would never go to work in any of the facilities under the current DIA,” she said. “The risk of losing my license, being placed on a registry and never working again is just too strong."
She said an oversight should not be punishable by a job layoff.
"People have to accept that some of us aren't perfect,” she said. “We make mistakes. That’s human. To put someone on a registry for abuse for even the simplest human error is not something I will support."
Dean Lerner, head of the DIA, of course, felt differently.
“Victims of elder abuse don't have lobbyists," he said, noting the inspections department, attorney general and state departments of human services, public health and elder affairs support the legislation. “I thought that's what the Legislature was supposed to do – protect the vulnerable, elderly and disabled Iowans from dependent-adult abuse.”
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