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
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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
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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
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H.F.
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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
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