HF 2283 (LSB 5844YH (8) 88)

HOUSE FILE 2283

BY  FRY

A BILL FOR

An Act relating to the organization, composition, meeting, and reporting requirements of health-related commissions, councils, and boards and including transition provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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