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PAG LIN 1 1 Section 1. NEW SECTION. 135.108 LEGISLATIVE INTENT. 1 2 The intent of this division is to provide quality treatment 1 3 and rehabilitation services to residents of this state 1 4 experiencing difficulties as a result of problem gambling, to 1 5 ensure that the services are adequately administered by 1 6 competent persons, and to encourage and coordinate education 1 7 and other preventive efforts concerning problem gambling. 1 8 Sec. 2. NEW SECTION. 135.109 DEFINITIONS. 1 9 As used in this division, unless the context otherwise 1 10 requires: 1 11 1. "Committee" means the gambling treatment advisory 1 12 committee established in section 135.111A. 1 13 2. "Department" means the Iowa department of public 1 14 health. 1 15 3. "Director" means the director of public health. 1 16 4. "Participant" means a resident of this state receiving 1 17 services provided through the gambling treatment program 1 18 established in section 135.110. 1 19 5. "Program" means the gambling treatment program 1 20 established in section 135.110. 1 21 Sec. 3. NEW SECTION. 135.110 GAMBLING TREATMENT PROGRAM 1 22 ESTABLISHED. 1 23 1. A gambling treatment program is established within the 1 24 department. The department shall develop, implement, and 1 25 administer the program, with the assistance of the gambling 1 26 treatment advisory committee. 1 27 2. The program shall include the development and 1 28 implementation of a treatment program for problem gamblers and 1 29 persons affected by gambling. The program may include the 1 30 following: 1 31 a. Outpatient and follow-up treatment. 1 32 b. Information and referral services. 1 33 c. Education and preventive services. 1 34 3. The director may enter into written agreements with 1 35 public or private agencies to pay for services for problem 2 1 gamblers and other persons affected by problem gambling. The 2 2 department shall adopt rules, pursuant to chapter 17A, 2 3 specifying the criteria for payment to the facilities. The 2 4 problem gambler or other affected person receiving services is 2 5 responsible for payment for the costs of the services, either 2 6 through direct payment to the facility or reimbursement to the 2 7 department. If the person receiving services has a claim for 2 8 reimbursement for services, through insurance or otherwise, 2 9 the person shall assign the claim to the department. 2 10 4. The director shall announce through public notice the 2 11 opening of an application period for all contracts that are 2 12 not for outpatient services. Agencies may submit detailed 2 13 contract proposals for consideration by the director. 2 14 Selection criteria include the demonstrated need in the 2 15 service areas, community support and relationships to existing 2 16 agencies, general program structure, and plans for using the 2 17 funds. Contracts for other than outpatient services shall be 2 18 awarded for a duration not to exceed one year. 2 19 5. The director shall develop and encourage the 2 20 development of plans and programs for the prevention of 2 21 gambling problems and the treatment of persons affected by 2 22 problem gambling on a statewide basis and in cooperation with 2 23 public and private agencies by providing technical assistance 2 24 and other services. In cooperation with local gambling 2 25 treatment programs, the director shall organize and implement 2 26 programs for persons offering gambling treatment services. In 2 27 addition, the director shall prepare, publish, and disseminate 2 28 educational material concerning problem gambling and its 2 29 effects, develop and implement an educational program as an 2 30 integral part of treatment programs for problem gamblers and 2 31 other persons affected by problem gambling, and assist in the 2 32 development of gambling educational and treatment programs for 2 33 employees in both the public and private sectors. The 2 34 department may contract for any of the services required in 2 35 this subsection. The director shall additionally oversee the 3 1 collection of information on the impact of compulsive gambling 3 2 on families. 3 3 Sec. 4. NEW SECTION. 135.111 RESTRICTION OF SERVICES. 3 4 Services provided pursuant to the gambling treatment 3 5 program shall be confined to residents of this state. The 3 6 definition of resident, for purposes of this division, and the 3 7 development of procedures for making this determination, shall 3 8 be established by the department by rule. 3 9 Sec. 5. NEW SECTION. 135.111A GAMBLING TREATMENT 3 10 ADVISORY COMMITTEE ESTABLISHED. 3 11 1. A gambling treatment advisory committee is established 3 12 to advise the department on the administration of the program. 3 13 The committee shall consist of eleven members appointed by the 3 14 director for terms of office of three years and two senators 3 15 and two state representatives appointed by the majority and 3 16 minority leaders of the senate and the speaker and the 3 17 minority leader of the house of representatives, respectively, 3 18 for two-year terms. The legislative members shall be 3 19 nonvoting members. A nonlegislative member shall not be 3 20 appointed to more than two consecutive three-year terms. 3 21 Terms of office shall be staggered, and shall commence on July 3 22 1 of the year of appointment. The membership of the advisory 3 23 committee shall be gender-balanced as provided in section 3 24 69.16A. The director shall appoint two of the eleven 3 25 nonlegislative members from the gambling industry, one 3 26 representing a pari-mutuel racetrack enclosure licensed 3 27 pursuant to chapter 99F and one representing an excursion 3 28 gambling boat licensed pursuant to chapter 99F. 3 29 2. For a vacancy occurring after the appointment of the 3 30 initial membership, the committee shall submit a list of at 3 31 least two names to the director for consideration in filling 3 32 the vacancy on the committee. The director shall fill the 3 33 vacancy from the list of names for a term of three years or 3 34 for the remainder of the unexpired term. 3 35 3. The committee and the director shall ensure that the 4 1 committee consists of members from both urban and rural areas 4 2 and represents a broad cross section of the state, selected 4 3 from the following groups: recovering gamblers, the judicial 4 4 department, the legal community, law enforcement officials, 4 5 the religious community, employees of the lottery division of 4 6 the department of revenue and finance, employees of the state 4 7 racing and gaming commission, education professionals, parole 4 8 and probation officers, psychiatrists licensed under chapter 4 9 148 or 150A, psychologists licensed under chapter 154B, and 4 10 representatives from employee assistance programs, consumer 4 11 credit counseling and financial management agencies, business 4 12 and industry, human service providers, gambling treatment 4 13 providers, and other interested citizens. 4 14 4. Annually, the chairperson of the committee shall be 4 15 elected by the committee from among its membership. The 4 16 committee shall meet as frequently as the chairperson deems 4 17 necessary, but not less than annually. Special meetings may 4 18 be called by the department, the chairperson, or upon written 4 19 request by three or more of the members of the committee. 4 20 5. Committee members who are applicants for or recipients 4 21 of funds provided under this program are disqualified from 4 22 voting on decisions relating to the disbursement of those 4 23 funds for services in which the member has an interest. 4 24 6. Members of the committee shall be allowed their 4 25 reasonable and necessary expenses incurred in the performance 4 26 of their duties paid from funds appropriated for the program. 4 27 Members of the committee may also be eligible to receive 4 28 compensation as provided in section 7E.6. 4 29 Sec. 6. NEW SECTION. 135.112 POWERS AND DUTIES OF THE 4 30 DIRECTOR. 4 31 The director shall: 4 32 1. Be responsible for the administration of the gamblers 4 33 assistance fund and the gambling treatment program. 4 34 2. Employ personnel under chapter 19A for administration 4 35 of the gamblers assistance fund and the gambling treatment 5 1 program. 5 2 3. Publish annually a list of facilities providing 5 3 services to gamblers and persons affected by problem gambling. 5 4 4. Take all necessary and proper actions to administer 5 5 this division. 5 6 5. Propose necessary rules, required to administer this 5 7 division, for adoption by the department pursuant to chapter 5 8 17A. 5 9 Sec. 7. NEW SECTION. 135.112A POWERS AND DUTIES OF THE 5 10 GAMBLING TREATMENT ADVISORY COMMITTEE. 5 11 The committee shall: 5 12 1. Consult with and make recommendations to the department 5 13 concerning the adoption of rules relating to the treatment of 5 14 problem gamblers and carrying out the purposes of this 5 15 division. 5 16 2. Recommend services to be offered to treat problem 5 17 gamblers and persons affected by the actions of problem 5 18 gamblers. 5 19 3. Advise the department on budgeting, planning, and 5 20 priorities for effective treatment of gamblers. 5 21 4. Make recommendations to the director concerning 5 22 contract proposals. 5 23 5. Make recommendations to the director concerning 5 24 committee vacancies as provided in section 135.111A. 5 25 6. Take all necessary and proper actions to carry out the 5 26 purposes of this division. 5 27 Sec. 8. NEW SECTION. 135.113 AUDITS. 5 28 A contractor providing services pursuant to this division 5 29 shall be audited on an annual basis in accordance with the 5 30 procedures established in section 11.36. 5 31 Sec. 9. NEW SECTION. 135.114 CONFIDENTIALITY OF RECORDS. 5 32 1. Records pertaining to participants in the gambling 5 33 treatment program are confidential pursuant to section 22.7. 5 34 The records shall not be inspected and their contents shall 5 35 not be disclosed except as otherwise provided in this section. 6 1 2. The director may examine participants' records in order 6 2 to review or evaluate the program. 6 3 3. The director may provide information from participants' 6 4 records to a person conducting bona fide research for research 6 5 purposes under conditions the director deems appropriate, and 6 6 may disclose or use information regarding the cost, purpose, 6 7 number of persons served or assisted, results, and other 6 8 general and statistical information if personal identifying 6 9 data is not disclosed. 6 10 4. A participant's records may be disclosed to medical 6 11 personnel in a medical emergency involving the patient. 6 12 5. Upon written application to and approval of the 6 13 director, a participant's records shall be disclosed for 6 14 public duties, audits, and other purposes directly related to 6 15 the administration of the department. 6 16 6. A participant's records shall be disclosed to the 6 17 participant upon the participant's written request. 6 18 7. A person shall not solicit, disclose, receive, use, 6 19 authorize, or knowingly permit, participate in, or acquiesce 6 20 in the use of confidential information under this section for 6 21 commercial or political purposes. 6 22 Sec. 10. Section 22.7, Code Supplement 1995, is amended by 6 23 adding the following new subsection: 6 24 NEW SUBSECTION. 33. Records of the Iowa department of 6 25 public health pertaining to participants in the gambling 6 26 treatment program except as otherwise provided in section 6 27 135.114 or this chapter. 6 28 Sec. 11. Section 99D.7, subsection 21, Code Supplement 6 29 1995, is amended to read as follows: 6 30 21. To cooperate with thegamblers assistancegambling 6 31 treatment program administered by the Iowa department ofhuman6 32servicespublic health to incorporate information regarding 6 33 thegamblers assistancegambling treatment program and its 6 34 toll-free telephone number in printed materials distributed by 6 35 the commission. The commission may require licensees to have 7 1 the information available in a conspicuous place as a 7 2 condition of licensure. 7 3 Sec. 12. Section 99E.9, subsection 8, Code Supplement 7 4 1995, is amended to read as follows: 7 5 8. The Iowa lottery board shall cooperate with the 7 6gamblers assistancegambling treatment program administered by 7 7 the Iowa department ofhuman servicespublic health to 7 8 incorporate information regarding thegamblers assistance7 9 gambling treatment program and its toll-free telephone number 7 10 in printed materials distributed by the board. 7 11 SF 2469 7 12 rn/cc/26
Text: SF02468 Text: SF02470 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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