House Study Bill 517 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC HEALTH BILL) A BILL FOR An Act relating to health-related activities and regulation 1 by the department of public health, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5262DP (8) 83 pf/rj
S.F. _____ H.F. _____ DIVISION I 1 PUBLIC HEALTH DISASTER SCHOOL CLOSINGS 2 Section 1. Section 135.144, Code Supplement 2009, is 3 amended by adding the following new subsection: 4 NEW SUBSECTION . 13. Order, in conjunction with the 5 department of education, temporary closure of any public school 6 or nonpublic school, as defined in section 280.2, to prevent or 7 control the transmission of a communicable disease as defined 8 in section 139A.2. 9 DIVISION II 10 SCHOOL DENTAL SCREENINGS 11 Sec. 2. Section 135.17, subsection 1, paragraphs a and b, 12 Code Supplement 2009, are amended to read as follows: 13 a. Except as provided in paragraphs “c” and “d” , the 14 parent or guardian of a child enrolled in elementary school 15 shall provide evidence to the school district or accredited 16 nonpublic elementary school in which the child is enrolled of 17 the child having, no earlier than three years of age but prior 18 to reaching six years of age no later than four months after 19 enrollment , at a minimum, a dental screening performed by a 20 licensed physician as defined in chapter 148 , a licensed nurse 21 licensed under chapter 152 , a licensed physician assistant 22 as defined in section 148C.1 , or a licensed dental hygienist 23 or dentist as defined in chapter 153 . Except as provided 24 in paragraphs “c” and “d” , the parent or guardian of a child 25 enrolled in high school shall provide evidence to the school 26 district or accredited nonpublic high school in which the 27 child is enrolled of the child having, at a minimum, a dental 28 screening performed within the prior year no earlier than 29 one year prior to enrollment and not later than four months 30 after enrollment by a licensed dental hygienist or dentist 31 as defined in chapter 153 . A school district or accredited 32 nonpublic school shall provide access to a process to complete 33 the screenings described in this paragraph as appropriate. 34 b. A person performing authorized to perform a dental 35 -1- LSB 5262DP (8) 83 pf/rj 1/ 4
S.F. _____ H.F. _____ screening required by this section shall record the fact of 1 having conducted that the screening was completed , and such 2 additional information required by the department, on uniform 3 forms developed by the department in cooperation with the 4 department of education. The form shall include a space for 5 the person performing the screening to summarize any condition 6 that may indicate a need for special services. 7 Sec. 3. Section 135.17, subsection 3, Code Supplement 2009, 8 is amended to read as follows: 9 3. By June 30 May 31 annually, each local board shall 10 furnish the department with evidence that each student enrolled 11 in any public or nonpublic school within the local board’s 12 jurisdiction has met the dental screening requirement in this 13 section. 14 DIVISION III 15 MISCELLANEOUS PROVISIONS 16 Sec. 4. Section 135.11, subsection 13, Code Supplement 17 2009, is amended by striking the subsection. 18 Sec. 5. Section 135.11, subsection 29, Code Supplement 19 2009, is amended to read as follows: 20 29. In consultation with the advisory committee for 21 perinatal guidelines, develop and maintain the statewide 22 perinatal program based on the recommendations of the American 23 academy of pediatrics and the American college of obstetricians 24 and gynecologists contained in the most recent edition of 25 the guidelines for perinatal care, and shall adopt rules in 26 accordance with chapter 17A to implement those recommendations. 27 Hospitals within the state shall determine whether to 28 participate in the statewide perinatal program, and select the 29 hospital’s level of participation in the program. A hospital 30 having determined to participate in the program shall comply 31 with the guidelines appropriate to the level of participation 32 selected by the hospital. Perinatal program surveys and 33 reports are privileged and confidential and are not subject to 34 discovery, subpoena, or other means of legal compulsion for 35 -2- LSB 5262DP (8) 83 pf/rj 2/ 4
S.F. _____ H.F. _____ their release to a person other than the affected hospital, and 1 are not admissible in evidence in a judicial or administrative 2 proceeding other than a proceeding involving verification of 3 the participating hospital under this subsection. 4 Sec. 6. Section 135.11, Code Supplement 2009, is amended by 5 adding the following new subsection: 6 NEW SUBSECTION . 31. Administer the Iowa youth survey, 7 in collaboration with other state agencies, as appropriate, 8 every two years to students in grades six, eight, and eleven 9 in Iowa’s public and nonpublic schools. Survey data shall be 10 evaluated and reported, with aggregate data available online at 11 the Iowa youth survey internet site. 12 EXPLANATION 13 This bill pertains to activities under the purview of the 14 department of public health (DPH) relating to public health 15 disaster authority, school dental screenings, the statewide 16 perinatal program, the Iowa youth survey, and regulation of the 17 distribution of venereal disease prophylactics. The bill is 18 comprised of divisions. 19 Division I amends Code section 135.144 relating to the 20 additional duties of DPH related to a public health disaster, 21 to provide that if a public health disaster exists, DPH, in 22 conjunction with the department of education, may order, 23 temporary closure of any public school or nonpublic school, to 24 prevent or control the transmission of a communicable disease. 25 Division II amends Code section 135.17 relating to school 26 dental screenings. The bill amends the timeframes for an 27 elementary school child to have a required dental screening 28 from no earlier than three years of age but prior to reaching 29 six years of age, to no earlier than three years of age but not 30 later than four months after enrollment in elementary school. 31 The timeframe for students enrolled in high school to have a 32 required dental screening is also amended from having a dental 33 screening performed within the year prior to enrollment to no 34 earlier than one year prior to enrollment and no later than 35 -3- LSB 5262DP (8) 83 pf/rj 3/ 4
S.F. _____ H.F. _____ four months after enrollment. The bill allows that the dental 1 screenings may be provided by any provider who is a licensed 2 specified provider, which may include providers licensed 3 outside of the state, and that any person authorized to perform 4 a dental screening may record that the screening was completed. 5 Finally, the bill amends the annual date, from June 30 to May 6 31, by which each school board shall furnish DPH with evidence 7 that each student enrolled in the local board’s jurisdiction 8 has met the dental screening requirements. 9 Division III, miscellaneous provisions, amends Code section 10 135.11, duties of the department, to provide that program 11 surveys and reports of the statewide perinatal program are 12 privileged and confidential; to codify the Iowa youth survey 13 as a duty of DPH; and to provide for the repeal of provisions 14 relating to regulation of the distribution of venereal disease 15 prophylactics. 16 An existing provision applies to any violation of a 17 provision of the bill. Code section 135.38 provides that any 18 person who knowingly violates any provision of Code chapter 19 135, or of the rules of the department, or any lawful order, 20 written or oral, of the department or of its officers, or 21 authorized agents, is guilty of a simple misdemeanor. 22 -4- LSB 5262DP (8) 83 pf/rj 4/ 4