House
File
2283
-
Introduced
HOUSE
FILE
2283
BY
FRY
A
BILL
FOR
An
Act
relating
to
the
organization,
composition,
meeting,
1
and
reporting
requirements
of
health-related
commissions,
2
councils,
and
boards
and
including
transition
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
142A.2,
subsections
1
and
6,
Code
2020,
1
are
amended
by
striking
the
subsections.
2
Sec.
2.
Section
142A.2,
subsection
2,
Code
2020,
is
amended
3
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
4
following:
5
2.
“Bureau”
means
the
bureau
of
tobacco
use
prevention
and
6
control
of
the
Iowa
department
of
public
health,
established
7
pursuant
to
this
chapter.
8
Sec.
3.
Section
142A.3,
subsection
1,
Code
2020,
is
amended
9
to
read
as
follows:
10
1.
The
department
shall
establish
,
as
a
separate
and
11
distinct
division
within
the
department,
a
division
bureau
of
12
tobacco
use
prevention
and
control.
The
division
bureau
shall
13
develop,
implement,
and
administer
the
initiative
established
14
in
this
chapter
and
shall
perform
other
duties
as
directed
by
15
this
chapter
or
as
assigned
by
the
director
of
public
health.
16
Sec.
4.
Section
142A.3,
subsections
2,
3,
4,
5,
6,
7,
8,
9,
17
and
10,
Code
2020,
are
amended
by
striking
the
subsections.
18
Sec.
5.
Section
142A.4,
unnumbered
paragraph
1,
Code
2020,
19
is
amended
to
read
as
follows:
20
The
commission
bureau
shall
do
all
of
the
following:
21
Sec.
6.
Section
142A.4,
subsection
9,
paragraph
b,
Code
22
2020,
is
amended
to
read
as
follows:
23
b.
In
coordinating
and
responding
to
the
requests,
the
24
commission
bureau
shall
work
with
state
agencies,
the
governor,
25
and
the
general
assembly
as
necessary
to
address
requests
26
deemed
appropriate
by
the
commission
bureau
.
27
Sec.
7.
Section
142A.4,
subsection
10,
unnumbered
paragraph
28
1,
Code
2020,
is
amended
to
read
as
follows:
29
Adopt
rules
pursuant
to
chapter
17A
as
necessary
for
the
30
designation,
governance,
and
oversight
of
the
initiative
and
31
the
implementation
of
this
chapter
.
The
commission
bureau
32
shall
provide
for
community
partnership
and
youth
program
input
33
in
the
rules
adoption
process.
The
rules
shall
include
but
are
34
not
limited
to
all
of
the
following:
35
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Sec.
8.
Section
142A.4,
subsections
12,
17,
and
19,
Code
1
2020,
are
amended
to
read
as
follows:
2
12.
Submit
a
report
to
the
governor
and
the
general
assembly
3
on
a
periodic
basis,
during
the
initial
year
of
operation,
4
and
on
an
annual
basis
thereafter,
regarding
the
initiative,
5
including
demonstrated
progress
based
on
performance
6
indicators.
The
commission
bureau
shall
report
more
frequently
7
if
requested
by
the
joint
appropriations
subcommittee
that
8
makes
recommendations
concerning
the
commission’s
bureau’s
9
budget.
Beginning
July
1,
2005,
the
commission
shall
also
10
perform
a
comprehensive
review
of
the
initiative
and
shall
11
submit
a
report
of
its
findings
to
the
governor
and
the
general
12
assembly
on
or
before
December
15,
2005.
13
17.
Solicit
and
accept
any
gift
of
money
or
property,
14
including
any
grant
of
money,
services,
or
property
from
15
the
federal
government,
the
state,
a
political
subdivision,
16
or
a
private
source
that
is
consistent
with
the
goals
of
17
the
initiative.
The
commission
bureau
shall
adopt
rules
18
prohibiting
the
acceptance
of
gifts
from
a
manufacturer
of
19
tobacco
products.
20
19.
Evaluate
the
work
of
the
division
bureau
and
the
21
department
relating
to
the
initiative.
For
this
purpose,
the
22
commission
bureau
shall
have
access
to
any
relevant
department
23
records
and
documents,
and
other
information
reasonably
24
obtainable
by
the
department.
25
Sec.
9.
Section
142A.4,
subsection
13,
Code
2020,
is
amended
26
by
striking
the
subsection.
27
Sec.
10.
Section
142A.5,
Code
2020,
is
amended
to
read
as
28
follows:
29
142A.5
Director
and
administrator
duties.
30
1.
The
director
shall
do
all
of
the
following:
31
a.
1.
Establish
and
maintain
the
division
bureau
of
tobacco
32
use
prevention
and
control.
33
b.
Employ
a
separate
division
administrator,
in
accordance
34
with
the
requirements
of
section
142A.4,
subsection
14
,
in
a
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full-time
equivalent
position
whose
sole
responsibility
and
1
duty
shall
be
the
administration
and
oversight
of
the
division.
2
The
division
administrator
shall
report
to
and
shall
serve
3
at
the
pleasure
of
the
director.
The
administrator
shall
4
be
exempt
from
the
merit
system
provisions
of
chapter
8A,
5
subchapter
IV
.
6
c.
2.
Coordinate
all
tobacco
use
prevention
and
control
7
programs
and
activities
under
the
purview
of
the
department.
8
d.
Receive
and
review
budget
recommendations
from
the
9
commission.
The
director
shall
consider
these
recommendations
10
in
developing
the
budget
request
for
the
department.
11
2.
The
administrator
shall
do
all
of
the
following:
12
a.
3.
Implement
the
initiative,
coordinate
the
activities
13
of
the
commission
and
the
initiative,
and
coordinate
other
14
tobacco
use
prevention
and
control
activities
as
assigned
by
15
the
director
.
16
b.
4.
Monitor
and
evaluate
the
effectiveness
of
performance
17
measures.
18
c.
Provide
staff
and
administrative
support
to
the
19
commission.
20
d.
5.
Administer
contracts
entered
into
under
this
chapter
.
21
e.
6.
Coordinate
and
cooperate
with
other
tobacco
use
22
prevention
and
control
programs
within
and
outside
of
the
23
state.
24
f.
Provide
necessary
information
to
the
commission
to
25
assist
the
commission
in
making
its
annual
report
to
the
26
joint
appropriations
subcommittee
pursuant
to
section
142A.4,
27
subsection
13
,
and
in
fulfilling
other
commission
duties
28
pursuant
to
section
142A.4
.
29
Sec.
11.
Section
142A.6,
subsections
1,
4,
and
5,
Code
2020,
30
are
amended
to
read
as
follows:
31
1.
A
comprehensive
tobacco
use
prevention
and
control
32
initiative
is
established.
The
division
bureau
shall
implement
33
the
initiative
as
provided
in
this
chapter
.
34
4.
The
division
bureau
shall
implement
the
initiative
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in
a
manner
that
ensures
that
youth
are
extensively
involved
1
in
the
decision
making
for
the
programs
implemented
under
2
the
initiative.
The
initiative
shall
also
involve
parents,
3
schools,
and
community
members
in
activities
to
achieve
the
4
results
desired
for
the
initiative.
The
division
bureau
5
shall
encourage
collaboration
at
the
state
and
local
levels
6
to
maximize
available
resources
and
to
provide
flexibility
to
7
support
community
efforts.
8
5.
Procurement
of
goods
and
services
necessary
to
implement
9
the
initiative
is
subject
to
approval
of
the
commission
10
department
.
Notwithstanding
chapter
8A,
subchapter
III
,
or
11
any
other
provision
of
law
to
the
contrary,
such
procurement
12
may
be
accomplished
by
the
commission
department
under
its
13
own
competitive
bidding
process
which
shall
provide
for
14
consideration
of
such
factors
as
price,
bidder
competence,
and
15
expediency
in
procurement.
16
Sec.
12.
Section
142A.8,
subsections
2
and
3,
Code
2020,
are
17
amended
to
read
as
follows:
18
2.
A
community
partnership
area
shall
encompass
a
county
19
or
multicounty
area,
school
district
or
multischool
district
20
area,
economic
development
enterprise
zone
that
meets
the
21
requirements
of
an
urban
or
rural
enterprise
community
under
22
Tit.
XIII
of
the
federal
Omnibus
Budget
Reconciliation
Act
of
23
1993,
or
early
childhood
Iowa
area,
in
accordance
with
criteria
24
adopted
by
the
commission
bureau
for
appropriate
population
25
levels
and
size
of
geographic
areas.
26
3.
The
commission
bureau
shall
adopt
rules
pursuant
to
27
chapter
17A
providing
procedures
for
the
initial
designation
28
of
community
partnership
areas
and
for
subsequent
changes
to
29
the
initially
designated
areas.
30
Sec.
13.
Section
142A.10,
subsections
1,
2,
and
3,
Code
31
2020,
are
amended
to
read
as
follows:
32
1.
The
commission
bureau
shall
develop
and
implement
a
33
statewide
system
for
the
initiative
programs
that
are
delivered
34
through
community
partnerships.
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2.
The
system
shall
provide
for
equitable
allocation
of
1
funding
for
initiative
programs
among
the
state’s
community
2
partnership
areas,
based
upon
school-age
population
and
other
3
criteria
established
by
the
commission
bureau
.
4
3.
The
specific
programs,
distribution
provisions,
and
5
other
provisions
approved
by
the
commission
bureau
for
6
expenditure
of
the
maximum
allocation
amount
established
for
7
a
community
partnership
area
shall
be
outlined
in
the
written
8
contract
with
the
community
partnership.
9
Sec.
14.
Section
225C.5,
subsection
1,
paragraph
g,
Code
10
2020,
is
amended
by
striking
the
paragraph.
11
Sec.
15.
NEW
SECTION
.
225C.22
Mental
health
planning
and
12
advisory
council
——
meetings.
13
The
mental
health
planning
and
advisory
council
created
14
pursuant
to
42
U.S.C.
§300x-3
shall
meet
no
more
than
four
15
times
per
year.
16
Sec.
16.
REPEAL.
Section
148C.12,
Code
2020,
is
repealed.
17
Sec.
17.
SUBSTANCE
ABUSE
WORK
GROUP
——
TOBACCO.
The
18
division
of
behavioral
health
of
the
department
of
public
19
health
shall
include
tobacco
use
as
a
subject
of
study
in
new
20
or
existing
work
groups
convened
for
the
purpose
of
addressing
21
substance
abuse
in
Iowa.
22
Sec.
18.
TRANSITION
PROVISIONS.
23
1.
Any
rule,
regulation,
form,
order,
or
directive
24
promulgated
by
the
division
of
tobacco
use
prevention
and
25
control
or
the
commission
on
tobacco
use
prevention
and
control
26
as
required
to
administer
and
enforce
the
provisions
of
chapter
27
142A,
Code
2020,
in
effect
on
the
effective
date
of
this
28
Act
shall
continue
in
full
force
and
effect
until
amended,
29
repealed,
or
supplemented
by
affirmative
action
of
the
bureau
30
of
tobacco
use
prevention
and
control.
31
2.
Any
moneys
remaining
in
any
account
or
fund
under
the
32
control
of
the
division
of
tobacco
use
prevention
and
control
33
or
the
commission
on
tobacco
use
prevention
and
control
on
the
34
effective
date
of
this
Act
shall
be
transferred
to
a
comparable
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fund
or
account
under
the
control
of
the
bureau
of
tobacco
use
1
prevention
and
control
for
such
purposes.
Notwithstanding
2
section
8.33,
the
moneys
transferred
in
accordance
with
this
3
subsection
shall
not
revert
to
the
account
or
fund
from
which
4
appropriated
or
transferred.
5
3.
The
division
of
tobacco
use
prevention
and
control
or
the
6
commission
on
tobacco
use
prevention
and
control
shall
assist
7
the
department
of
public
health
in
implementing
this
Act
by
8
providing
for
an
effective
transition
of
powers
and
duties
from
9
the
respective
division
or
commission
to
the
bureau
of
tobacco
10
use
prevention
and
control
under
chapter
142A
and
related
11
administrative
rules.
Such
assistance
shall
include
but
is
not
12
limited
to
assisting
in
cooperating
with
federal
agencies.
13
4.
Any
replacement
of
signs,
logos,
stationery,
insignia,
14
uniforms,
and
related
items
that
is
made
due
to
the
effect
of
15
this
Act
shall
be
done
as
part
of
the
normal
replacement
cycle
16
for
such
items.
17
5.
An
administrative
hearing
or
court
proceeding
arising
18
out
of
an
enforcement
action
under
chapter
142A
or
related
19
administrative
rules
pending
on
the
effective
date
of
this
20
Act
shall
not
be
affected
by
this
Act.
Any
cause
of
action
21
or
statute
of
limitation
relating
to
an
action
taken
by
22
the
division
of
tobacco
use
prevention
and
control
or
the
23
commission
on
tobacco
use
prevention
and
control
shall
not
be
24
affected
by
this
Act
and
such
cause
of
action
or
statute
of
25
limitation
shall
apply
to
the
bureau
of
tobacco
use
prevention
26
and
control.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
organization,
composition,
meeting,
31
and
reporting
requirements
of
certain
public
health
governing
32
entities.
33
TOBACCO
USE
PREVENTION
AND
CONTROL.
The
bill
replaces
34
the
division
of
tobacco
use
prevention
and
control
of
the
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department
of
public
health
(division)
with
the
bureau
of
1
tobacco
use
prevention
and
control
(bureau)
and
eliminates
the
2
commission
on
tobacco
use
prevention
and
control
(commission).
3
The
bill
transfers
duties
and
control
of
the
tobacco
use
4
prevention
and
control
initiative,
community
partnerships,
and
5
youth
programs
previously
administered
by
the
division
and
the
6
commission
to
the
bureau.
The
bill
requires
the
division
of
7
behavioral
health
of
the
department
of
public
health
to
include
8
tobacco
use
as
a
subject
of
study
in
new
or
existing
work
9
groups
convened
for
the
purpose
of
addressing
substance
abuse
10
in
Iowa.
The
bill
strikes
a
requirement
that
the
bureau
of
11
tobacco
use
prevention
and
control
annually
appear
before
the
12
joint
appropriations
subcommittee
that
makes
recommendations
13
concerning
the
commission’s
budget
to
report
on
the
budget
14
expenditures
of
the
bureau.
15
The
bill
includes
transition
provisions
regarding
the
16
elimination
of
the
division
and
the
commission,
and
the
17
establishment
of
the
bureau.
Any
rule,
regulation,
form,
18
order,
or
directive
promulgated
by
the
division
or
the
19
commission
in
effect
on
the
effective
date
of
the
bill
remains
20
in
effect
until
it
is
amended,
repealed,
or
supplemented
by
21
affirmative
action
of
the
bureau.
Moneys
remaining
in
any
22
fund
or
account
of
the
division
or
commission
are
transferred
23
to
control
of
the
bureau.
The
bill
instructs
the
division
24
and
commission
to
assist
the
department
of
public
health
in
25
implementing
the
provisions
of
the
bill.
An
administrative
26
hearing
or
court
proceeding
initiated
by
or
against
the
27
division
or
the
commission
is
unaffected
by
the
bill,
and
any
28
cause
of
action
or
statute
of
limitation
against
the
division
29
or
commission
applies
against
the
bureau.
30
MENTAL
HEALTH
PLANNING
AND
ADVISORY
COUNCIL.
The
bill
31
removes
the
requirement
that
one
member
of
the
mental
health
32
and
disability
services
commission
be
selected
from
nominees
33
submitted
by
the
state’s
council
of
the
association
of
federal,
34
state,
county,
and
municipal
employees.
The
bill
limits
the
35
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number
of
meetings
that
may
be
held
by
the
federally
created
1
mental
health
planning
and
advisory
council
to
no
more
than
2
four
per
year.
3
BOARD
OF
MEDICINE
AND
BOARD
OF
PHYSICIAN
ASSISTANTS
——
4
ANNUAL
REPORT.
The
bill
repeals
the
requirement
that
the
board
5
of
medicine
and
board
of
physician
assistants
submit
an
annual
6
report
to
the
general
assembly
and
the
governor
regarding
7
the
collaborative
efforts
and
team-building
practices
of
the
8
boards.
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