House Study Bill 269

                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            HUMAN RESOURCES BILL BY
                                            CHAIRPERSON BODDICKER)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for changes relating to programs under the
  2    purview of the Iowa department of public health.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 3087HC 80
  5 rn/sh/8

PAG LIN

  1  1    Section 1.  Section 139A.8, subsection 1, Code 2003, is
  1  2 amended to read as follows:
  1  3    1.  A parent or legal guardian shall assure that the
  1  4 person's minor children residing in the state are adequately
  1  5 immunized against diphtheria, pertussis, tetanus,
  1  6 poliomyelitis, rubeola, and rubella, and varicella according
  1  7 to recommendations provided by the department subject to the
  1  8 provisions of subsections 3 and 4.
  1  9    Sec. 2.  Section 139A.8, subsection 2, paragraph a, Code
  1 10 2003, is amended to read as follows:
  1 11    a.  A person shall not be enrolled in any licensed child
  1 12 care center or elementary or secondary school in Iowa without
  1 13 evidence of adequate immunizations against diphtheria,
  1 14 pertussis, tetanus, poliomyelitis, rubeola, and rubella, and
  1 15 varicella.
  1 16    Sec. 3.  Section 139A.8, subsection 4, paragraph a, Code
  1 17 2003, is amended to read as follows:
  1 18    a.  The applicant, or if the applicant is a minor, the
  1 19 applicant's parent or legal guardian, submits to the admitting
  1 20 official a statement signed by a physician, advanced
  1 21 registered nurse practitioner, or physician assistant who is
  1 22 licensed by the state board of medical examiners, board of
  1 23 nursing, or board of physician assistant examiners that, in
  1 24 the physician's opinion, the immunizations required would be
  1 25 injurious to the health and well=being of the applicant or any
  1 26 member of the applicant's family.
  1 27    Sec. 4.  Section 152.1, subsection 5, paragraph b, Code
  1 28 2003, is amended by striking the paragraph and inserting in
  1 29 lieu thereof the following:
  1 30    b.  The performance of nursing services by an unlicensed
  1 31 student enrolled in a nursing education program if performance
  1 32 is part of the course of study.  Individuals who have been
  1 33 licensed as registered nurses or licensed practical or
  1 34 vocational nurses in any state or jurisdiction of the United
  1 35 States are not subject to this exemption.
  2  1    Sec. 5.  Section 152.1, subsection 5, paragraph c, Code
  2  2 2003, is amended to read as follows:
  2  3    c.  The performance of services by employed unlicensed
  2  4 workers employed in offices, hospitals, or health care
  2  5 facilities, as defined in section 135C.1, under the
  2  6 supervision of a physician or a nurse licensed under this
  2  7 chapter, or employed in the office of a psychologist,
  2  8 podiatric physician, optometrist, chiropractor, speech
  2  9 pathologist, audiologist, or physical therapist licensed to
  2 10 practice in this state, and when acting while within the scope
  2 11 of the employer's license.
  2 12    Sec. 6.  Section 272C.3, subsection 1, paragraph k, Code
  2 13 2003, is amended to read as follows:
  2 14    k.  Establish a licensee review committee for the purpose
  2 15 of evaluating and monitoring licensees who self=report
  2 16 physical or mental impairments to the board are impaired as a
  2 17 result of alcohol or drug abuse, dependency, or addiction, or
  2 18 by any mental or physical disorder or disability, and who
  2 19 self=report the impairment to the committee, or who are
  2 20 referred by the board to the committee.  The board shall adopt
  2 21 rules for the establishment and administration of the
  2 22 committee, including but not limited to establishment of the
  2 23 criteria for eligibility for referral to the committee and the
  2 24 grounds for disciplinary action for noncompliance with
  2 25 committee decisions.  Information in the possession of the
  2 26 board or the licensee review committee, under this paragraph,
  2 27 shall be subject to the confidentiality requirements of
  2 28 section 272C.6.  Referral of a licensee by the board to a
  2 29 licensee review committee shall not relieve the board of any
  2 30 duties of the board and shall not divest the board of any
  2 31 authority or jurisdiction otherwise provided.  A licensee who
  2 32 violates section 272C.10 or the rules of the board while under
  2 33 review by the licensee review committee shall be referred to
  2 34 the board for appropriate action.
  2 35                           EXPLANATION
  3  1    This bill provides for several changes relating to programs
  3  2 under the purview of the Iowa department of public health.
  3  3    The bill provides for the addition of varicella
  3  4 (chickenpox) to the list of required childhood immunizations,
  3  5 and adds advanced registered nurse practitioners and physician
  3  6 assistants as health professionals authorized to sign
  3  7 immunization medical waivers.
  3  8    The bill modifies exemption provisions relating to
  3  9 activities constituting the practice of nursing, to make clear
  3 10 that the performance of nursing services by students who are
  3 11 licensed as registered nurses or practical or vocational
  3 12 nurses in any United States jurisdiction will not fall within
  3 13 the exemption and will be subject to the jurisdiction of the
  3 14 board.
  3 15    The bill provides that licensee review committees
  3 16 established for the purpose of evaluating and monitoring
  3 17 licensees who self=report, or are referred by the board for,
  3 18 an impairment relating to alcohol or drug abuse, dependency,
  3 19 or addiction, or any mental or physical disorder or
  3 20 disability.
  3 21 LSB 3087HC 80
  3 22 rn/sh/8