House
File
2524
-
Introduced
HOUSE
FILE
2524
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HF
2283)
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,
Code
2020,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
1A.
“Bureau”
means
the
bureau
of
tobacco
5
use
prevention
and
control
of
the
Iowa
department
of
public
6
health,
established
pursuant
to
this
chapter.
7
Sec.
3.
Section
142A.3,
subsection
1,
Code
2020,
is
amended
8
to
read
as
follows:
9
1.
The
department
shall
establish
,
as
a
separate
and
10
distinct
division
within
the
department,
a
division
bureau
of
11
tobacco
use
prevention
and
control.
The
division
bureau
shall
12
develop,
implement,
and
administer
the
initiative
established
13
in
this
chapter
and
shall
perform
other
duties
as
directed
by
14
this
chapter
or
as
assigned
by
the
director
of
public
health.
15
Sec.
4.
Section
142A.4,
subsection
19,
Code
2020,
is
amended
16
to
read
as
follows:
17
19.
Evaluate
the
work
of
the
division
bureau
and
the
18
department
relating
to
the
initiative.
For
this
purpose,
the
19
commission
shall
have
access
to
any
relevant
department
records
20
and
documents,
and
other
information
reasonably
obtainable
by
21
the
department.
22
Sec.
5.
Section
142A.5,
Code
2020,
is
amended
to
read
as
23
follows:
24
142A.5
Director
and
administrator
duties.
25
1.
The
director
shall
do
all
of
the
following:
26
a.
1.
Establish
and
maintain
the
division
bureau
of
tobacco
27
use
prevention
and
control.
28
b.
Employ
a
separate
division
administrator,
in
accordance
29
with
the
requirements
of
section
142A.4,
subsection
14
,
in
a
30
full-time
equivalent
position
whose
sole
responsibility
and
31
duty
shall
be
the
administration
and
oversight
of
the
division.
32
The
division
administrator
shall
report
to
and
shall
serve
33
at
the
pleasure
of
the
director.
The
administrator
shall
34
be
exempt
from
the
merit
system
provisions
of
chapter
8A,
35
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subchapter
IV
.
1
c.
2.
Coordinate
all
tobacco
use
prevention
and
control
2
programs
and
activities
under
the
purview
of
the
department.
3
d.
3.
Receive
and
review
budget
recommendations
from
the
4
commission.
The
director
shall
consider
these
recommendations
5
in
developing
the
budget
request
for
the
department.
6
2.
The
administrator
shall
do
all
of
the
following:
7
a.
4.
Implement
the
initiative,
coordinate
the
activities
8
of
the
commission
and
the
initiative,
and
coordinate
other
9
tobacco
use
prevention
and
control
activities
as
assigned
by
10
the
director
.
11
b.
5.
Monitor
and
evaluate
the
effectiveness
of
performance
12
measures.
13
c.
6.
Provide
staff
and
administrative
support
to
the
14
commission.
15
d.
7.
Administer
contracts
entered
into
under
this
chapter
.
16
e.
8.
Coordinate
and
cooperate
with
other
tobacco
use
17
prevention
and
control
programs
within
and
outside
of
the
18
state.
19
f.
9.
Provide
necessary
information
to
the
commission
20
to
assist
the
commission
in
making
its
annual
report
to
the
21
joint
appropriations
subcommittee
pursuant
to
section
142A.4,
22
subsection
13
,
and
in
fulfilling
other
commission
duties
23
pursuant
to
section
142A.4
.
24
Sec.
6.
Section
142A.6,
subsections
1
and
4,
Code
2020,
are
25
amended
to
read
as
follows:
26
1.
A
comprehensive
tobacco
use
prevention
and
control
27
initiative
is
established.
The
division
bureau
shall
implement
28
the
initiative
as
provided
in
this
chapter
.
29
4.
The
division
bureau
shall
implement
the
initiative
30
in
a
manner
that
ensures
that
youth
are
extensively
involved
31
in
the
decision
making
for
the
programs
implemented
under
32
the
initiative.
The
initiative
shall
also
involve
parents,
33
schools,
and
community
members
in
activities
to
achieve
the
34
results
desired
for
the
initiative.
The
division
bureau
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shall
encourage
collaboration
at
the
state
and
local
levels
1
to
maximize
available
resources
and
to
provide
flexibility
to
2
support
community
efforts.
3
Sec.
7.
Section
225C.5,
subsection
1,
paragraph
g,
Code
4
2020,
is
amended
by
striking
the
paragraph.
5
Sec.
8.
NEW
SECTION
.
225C.22
Mental
health
planning
and
6
advisory
council
——
meetings.
7
The
mental
health
planning
and
advisory
council
created
8
pursuant
to
42
U.S.C.
§300x-3
shall
meet
no
more
than
four
9
times
per
year.
10
Sec.
9.
REPEAL.
Section
148C.12,
Code
2020,
is
repealed.
11
Sec.
10.
SUBSTANCE
ABUSE
WORK
GROUP
——
TOBACCO.
The
12
division
of
behavioral
health
of
the
department
of
public
13
health
shall
include
tobacco
use
as
a
subject
of
study
in
new
14
or
existing
work
groups
convened
for
the
purpose
of
addressing
15
substance
abuse
in
Iowa.
16
Sec.
11.
TRANSITION
PROVISIONS.
17
1.
Any
rule,
regulation,
form,
order,
or
directive
18
promulgated
by
the
division
of
tobacco
use
prevention
and
19
control
as
required
to
administer
and
enforce
the
provisions
20
of
chapter
142A,
Code
2020,
in
effect
on
the
effective
date
of
21
this
Act
shall
continue
in
full
force
and
effect
until
amended,
22
repealed,
or
supplemented
by
affirmative
action
of
the
bureau
23
of
tobacco
use
prevention
and
control.
24
2.
Any
moneys
remaining
in
any
account
or
fund
under
the
25
control
of
the
division
of
tobacco
use
prevention
and
control
26
on
the
effective
date
of
this
Act
shall
be
transferred
to
a
27
comparable
fund
or
account
under
the
control
of
the
bureau
28
of
tobacco
use
prevention
and
control
for
such
purposes.
29
Notwithstanding
section
8.33,
the
moneys
transferred
in
30
accordance
with
this
subsection
shall
not
revert
to
the
account
31
or
fund
from
which
appropriated
or
transferred.
32
3.
The
division
of
tobacco
use
prevention
and
control
shall
33
assist
the
department
of
public
health
in
implementing
this
34
Act
by
providing
for
an
effective
transition
of
powers
and
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duties
from
the
respective
division
to
the
bureau
of
tobacco
1
use
prevention
and
control
under
chapter
142A
and
related
2
administrative
rules.
Such
assistance
shall
include
but
is
not
3
limited
to
assisting
in
cooperating
with
federal
agencies.
4
4.
Any
replacement
of
signs,
logos,
stationery,
insignia,
5
uniforms,
and
related
items
that
is
made
due
to
the
effect
of
6
this
Act
shall
be
done
as
part
of
the
normal
replacement
cycle
7
for
such
items.
8
5.
An
administrative
hearing
or
court
proceeding
arising
9
out
of
an
enforcement
action
under
chapter
142A
or
related
10
administrative
rules
pending
on
the
effective
date
of
this
11
Act
shall
not
be
affected
by
this
Act.
Any
cause
of
action
12
or
statute
of
limitation
relating
to
an
action
taken
by
the
13
division
of
tobacco
use
prevention
and
control
shall
not
be
14
affected
by
this
Act
and
such
cause
of
action
or
statute
of
15
limitation
shall
apply
to
the
bureau
of
tobacco
use
prevention
16
and
control.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
organization,
composition,
meeting,
21
and
reporting
requirements
of
certain
public
health
governing
22
entities.
23
TOBACCO
USE
PREVENTION
AND
CONTROL.
The
bill
replaces
24
the
division
of
tobacco
use
prevention
and
control
of
the
25
department
of
public
health
(division)
with
the
bureau
26
of
tobacco
use
prevention
and
control
(bureau).
The
bill
27
transfers
duties
and
control
of
the
tobacco
use
prevention
and
28
control
initiative,
previously
administered
by
the
division,
29
to
the
bureau.
The
bill
requires
the
division
of
behavioral
30
health
of
the
department
of
public
health
to
include
tobacco
31
use
as
a
subject
of
study
in
new
or
existing
work
groups
32
convened
for
the
purpose
of
addressing
substance
abuse
in
33
Iowa.
The
bill
strikes
a
requirement
that
the
bureau
of
34
tobacco
use
prevention
and
control
annually
appear
before
the
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joint
appropriations
subcommittee
that
makes
recommendations
1
concerning
the
commission’s
budget
to
report
on
the
budget
2
expenditures
of
the
bureau.
3
The
bill
includes
transition
provisions
regarding
the
4
elimination
of
the
division,
and
the
establishment
of
the
5
bureau.
Any
rule,
regulation,
form,
order,
or
directive
6
promulgated
by
the
division
in
effect
on
the
effective
7
date
of
the
bill
remains
in
effect
until
it
is
amended,
8
repealed,
or
supplemented
by
affirmative
action
of
the
bureau.
9
Moneys
remaining
in
any
fund
or
account
of
the
division
are
10
transferred
to
control
of
the
bureau.
The
bill
instructs
11
the
division
to
assist
the
department
of
public
health
in
12
implementing
the
provisions
of
the
bill.
An
administrative
13
hearing
or
court
proceeding
initiated
by
or
against
the
14
division
is
unaffected
by
the
bill,
and
any
cause
of
action
or
15
statute
of
limitation
against
the
division
applies
against
the
16
bureau.
17
MENTAL
HEALTH
PLANNING
AND
ADVISORY
COUNCIL.
The
bill
18
removes
the
requirement
that
one
member
of
the
mental
health
19
and
disability
services
commission
be
selected
from
nominees
20
submitted
by
the
state’s
council
of
the
association
of
federal,
21
state,
county,
and
municipal
employees.
The
bill
limits
the
22
number
of
meetings
that
may
be
held
by
the
federally
created
23
mental
health
planning
and
advisory
council
to
no
more
than
24
four
per
year.
25
BOARD
OF
MEDICINE
AND
BOARD
OF
PHYSICIAN
ASSISTANTS
——
26
ANNUAL
REPORT.
The
bill
repeals
the
requirement
that
the
board
27
of
medicine
and
board
of
physician
assistants
submit
an
annual
28
report
to
the
general
assembly
and
the
governor
regarding
29
the
collaborative
efforts
and
team-building
practices
of
the
30
boards.
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