1996 SUMMARY OF LEGISLATION

HEALTH AND SAFETY

HEALTH & SAFETY LEGISLATION

SENATE FILE 2110 - Anatomical Gift Public Awareness and Transplantation (full text of bill)

BY COMMITTEE ON TRANSPORTATION. This Act establishes an Anatomical Gift Public Awareness and Transplantation Fund as a separate fund within the State Treasury under the control of the Iowa Department of Public Health and also establishes the Anatomical Gift Public Awareness Advisory Committee within the Iowa Department of Public Health.
The fund consists of moneys collected as contributions made by applicants for registration or renewal of registration of a motor vehicle and any other contributions to the fund. The moneys in the fund are to be distributed as grants to state agencies or nonprofit entities for the purpose of conducting public awareness projects; to hospitals for public awareness projects, referral protocols, and related administrative expenses; and to hospitals on behalf of patients for payment of the costs related to transplantation. Not more than 5 percent of the moneys in the fund is to be used for administrative costs.
The advisory committee consists of representatives of a state organ procurement organization, a bank or storage organization, the Iowa Medical Society, the Association of Iowa Hospitals and Health Systems, the Iowa Osteopathic Medical Association, the Iowa Chapter of the National Association of Social Workers, the Iowa Funeral Directors Association, the Iowa Department of Public Health, the Department of Human Services, and the Department of Inspections and Appeals. The duties of the committee include: advising the Iowa Department of Public Health regarding the accepting and awarding of grants to promote anatomical gifts, establishing criteria for the application for and awarding of grants to promote anatomical gifts, examining the anatomical gifts system to identify improvements or enhancements to promote anatomical gifts, and recommending legislation to improve state law regarding anatomical gifts.

SENATE FILE 2171 - Miscellaneous Public Health Administration Provisions (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to the administration of boards and programs under the supervision of the Iowa Department of Public Health.
The Act authorizes the Director of Public Health to establish ad hoc and advisory committees to provide technical expertise to the director when not otherwise readily available to the department, and addresses compensation and majority vote aspects of committee membership.
The Act deletes a requirement that applicants for loan repayment or scholarship programs, pursuant to primary care provider recruitment and retention endeavor (PRIMECARRE), commit to a minimum service obligation of 10 years and instead requires a year of service for each year of loan repayment, unless federal requirements require otherwise.
The Act also replaces the requirement that the Bureau of Professional Licensure maintain a written registry book containing licensee registration information for public inspection with a requirement that the information be made available in a manner open for public inspection.
The Act provides that the requirement of a two-thirds majority vote to establish a quorum pursuant to Section 17A.2, will not apply with respect to the Respiratory Care, Massage Therapy, and Athletic Trainer Advisory Boards. Instead, a majority of the board members constitutes a quorum. The Act also provides for the compensation of expenses of appointed members of the Massage Therapy Board.
The Act requires the Community Health Management Information System Governing Board to work with the Health Data Commission to facilitate the transfer of historic health data from the commission to the Community Health Management Information System Data Repository.

SENATE FILE 2218 - Community Health Management Information System (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to the Community Health Management Information System (CHMIS), which is administered by a nonprofit organization and under the regulatory authority of the Insurance Division of the Department of Commerce. This system provides for the collection and submission of health care billing information and other data.
The Act extends by one year from July 1, 1996, to July 1, 1997, the date by which Phase I of the system is to be implemented. "Phase I" means the collection and submission of certain identified data. In addition, the CHMIS Governing Board is to review the policies and procedures for ensuring the confidentiality of information in the system and the penalties applicable to unauthorized release of the information. The review and options for enactment of penalties are to be submitted with the board's annual report to the General Assembly for the 1997 Legislative Session.

SENATE FILE 2235 - Nursing Facilities -- Alternative Licensure and Inspections

BY COMMITTEE ON HUMAN RESOURCES. This Act provides for adoption of rules, by the Department of Inspections and Appeals, regarding the licensure of nursing facilities. The Act provides that prior to licensure, required inspection of the nursing facility may be provided, at the option of the nursing facility, by the department or by the Joint Commission on Accreditation of Health Care Organizations, if all required materials regarding inspection are provided to the department. The option of inspection by the Joint Commission on Accreditation of Health Care Organizations is effective only after passage of federal legislation accepting these inspections for facilities participating in the Medical Assistance (Medicaid) or Medicare program.

SENATE FILE 2301 - Lead Abatement and Inspection (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act directs the Iowa Department of Public Health to establish a program for the training and certification of lead inspectors and lead abaters who provide inspections and abatement for monetary compensation. The department is also directed to establish a program for the training, on a voluntary basis, of painting, demolition and remodeling contractors and those who provide mitigation control services for monetary compensation.
The Act exempts persons who own or manage real property from obtaining certification to perform mitigation control or abatement measures on property the person owns or manages, but directs the department to encourage these persons to complete the training course. The Act establishes a civil penalty of not more $5,000 for each offense for violation of the certification requirements. The Act authorizes the department to develop voluntary guidelines to be used to develop and administer local programs to address the health and environmental needs of children who are lead-poisoned. The Act provides that cities or counties may utilize the guidelines developed for local programs or may request that the state develop and administer a local program. The Act is effective contingent upon the department obtaining certification from the U.S. Environmental Protection Agency as an accredited program. However, the Act permits the department to establish a voluntary program in the interim.

HOUSE FILE 111 - Homeowners' Association Swimming Pools (full text of bill)

BY GREIG. This Act exempts homeowners' associations representing 72 or fewer dwelling units from the requirements of the swimming pool regulation chapter if the associations' bylaws, which also apply to any rental agreement relating to any of the dwelling units, include an exemption from the requirements, provide for inspection of the swimming pool or spa by an entity other than the Iowa Department of Public Health or a local board of health, and assume any liability associated with the operation of the swimming pool or spa.

HOUSE FILE 523 - Telecommunicator Training Standards (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act requires the Director of the Iowa Law Enforcement Academy to adopt rules establishing minimum standards for the training of telecommunicators.
"Telecommunicator" is defined in the Act as a person who receives requests for, or dispatches requests to, emergency response agencies that include law enforcement, fire, rescue, emergency medical services, and other similar agencies.
The rules are to be adopted subject to the approval of the Iowa Law Enforcement Academy Council and in consultation with the Iowa State Sheriffs' and Deputies' Association, the Iowa Police Executive Forum, the Iowa Association of Chiefs of Police and Peace Officers, the Iowa State Police Association, the Iowa Association of Professional Fire Fighters, the Iowa Emergency Medical Services Association, the Joint Council of Iowa Fire Service Organizations, the Iowa Department of Public Safety, the Iowa chapter of the Association of Public Safety Communications Officials-International, Inc., the Iowa chapter of the National Emergency Number Association, the Emergency Management Division of the Iowa Department of Public Defense, and the Iowa Department of Public Health.

HOUSE FILE 2107 - HIV- Related Tests (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act provides an exception to human immunodeficiency virus-related (HIV-related) testing requirements, including preliminary and post-test counseling, when the subject of the test is deceased, a significant exposure has occurred, and written consent to the test is provided by a person specified in order of priority in the Act, including a person designated as the attorney in fact of the deceased person, the legal guardian of the deceased person, specified members of the deceased person's family, and the County Medical Examiner.
The Act also provides that the results of an HIV-related test and the identity of the subject of the test may be disclosed to the person who secures a written release of the test results from a person authorized to provide consent under the provision relating to the testing of the deceased person.
Remedies for violation of provisions relating to HIV-related testing, including the right of action for damages, are applicable to a violation of the new provisions.

HOUSE FILE 2144 - Third-Party Payment of Certain Health Care Providers (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to the payment of physician assistants and licensed advanced registered nurse practitioners under third-party health policies or contracts.
The Act requires third-party payors regulated under Chapters 509, 514, 514A, 514B, and 514F, or under rules adopted by the Director of Public Health, to include in the policies or contracts for third-party payment or prepayment of health and medical expenses a provision for payment of services provided by a licensed physician assistant or advanced registered nurse practitioner if payment for such services would be included for a person engaged in the practice of medicine and surgery or in the practice of osteopathic medicine and surgery. The requirement applies to contracts or policies delivered, issued for delivery, continued or renewed in this state on or after July 1, 1996, or an existing policy or contract on the anniversary or renewal date of the policy or contract, or upon expiration of an applicable collective bargaining agreement.
The Act also provides that a health maintenance organization, an organized delivery system, or a preferred provider organization or arrangement is not required to provide payment or prepayment of services provided by the physician assistant or advanced registered nurse practitioner unless the physician assistant's supervising physician, the physician-physician assistant team, the advanced registered nurse practitioner, or the advanced registered nurse practitioner's collaborating physician has entered into a contract with that entity.

HOUSE FILE 2201 - Practice of Dentistry (full text of bill)

BY BLODGETT. This Act amends the portion of the Iowa Code that defines the "practice of dentistry" by including in the definition certain acts, services, procedures, and practices which by education, background experience, and expertise are common to the practice of dentistry.

HOUSE FILE 2400 - Anatomical Gifts -- Authority of Medical Examiner (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act authorizes a medical examiner to release and permit the removal of a part from a body in the custody of the medical examiner for the purposes of the making of an anatomical gift if the decedent cannot be identified or if the next of kin of the decedent cannot be located and if several other conditions are met.
The additional conditions include that a request has been made for the body part, reasonable efforts have been made to locate and examine the decedent's medical records and to inform a person who has authority to make an anatomical gift of the option of making or refusing to make an anatomical gift, no refusal or contrary indication has been made by the decedent or a person with authority to refuse the making of an anatomical gift, no religious affiliation or tenet to which the decedent subscribed precludes the making of the anatomical gift, the removal will be made under specified conditions, and the death is not a death that affects the public interest, or, if it is a death that affects the public interest, any related investigation has been completed. If the medical examiner releases and permits removal of a body part, the medical examiner is to maintain a permanent record of the name of the decedent, if available, and the date and time of the release of the body or body part and the name of the person to whom the release was made.
The Act also amends language relating to release of information to organ procurement organizations or banks or storage organizations to provide for release as part of a retrospective review of a patient as a potential donor.

HOUSE FILE 2448 - Access to Criminal History and Related Records (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act provides for public access to criminal history data maintained by the Department of Public Safety and access by the Division of Criminal and Juvenile Justice Planning to criminal and juvenile justice agency records. Criminal history data includes arrest, conviction, disposition, and correctional data. The Act continues to exempt motor vehicle operator's records from the access provision in Section 692.2.
The Act authorizes any person to request the criminal history data of another person by mail. The request must contain the name and birthdate of the individual whose criminal history data is requested. Requests for criminal history data by law enforcement agencies have priority over other requests under the Act. The Act also makes criminal history data, but not intelligence data, a public record under Chapter 22.
The Act provides that a person who requests criminal history data is not liable for damages to the person whose data was requested, based on actions taken in reasonable reliance upon such data, if the person is accurately identified to the department, the person requesting the data believes in good faith that the data is accurate and complete, and the person requesting the data complies with the requirements of Chapter 692. Only the Department of Public Safety may disseminate criminal history data maintained by the department to persons who are not criminal or juvenile justice agencies or individuals. The fact that access is provided to criminal history data does not impose a legal duty upon any individual or entity to check the data.
The Act authorizes the Department of Public Safety to charge a fee for performing data checks to persons other than criminal or juvenile justice agencies. The fee is to offset the costs of administering the dissemination of criminal history data, including staff costs.
The Act repeals Section 692.3 regarding the redissemination of criminal history data by peace officers, criminal or juvenile justice agencies, regulatory agencies, or the Department of Human Services or the Department of Public Health. The Act provides that criminal intelligence data shall not be redisseminated by peace officers, criminal or juvenile justice agencies, or regulatory agencies unless the data is to be used for official purposes, the agency maintains a list of the persons who receive the data and when and why they get it, and the person whose information is requested is identified by name, fingerprints, or other individually identified characteristics.
The Act provides that no action for damages or relief may be maintained against the Department of Public Safety or its employees regarding inaccurate criminal history data or improper dissemination of the data, except that a person may continue to request correction of inaccurate data, and pursue administrative relief if necessary. Further, the Act eliminates the simple misdemeanor penalty for a person who communicates criminal history data without criminal intent.
The Act provides that the Division of Criminal and Juvenile Justice Planning of the Department of Human Rights shall have access to records kept by criminal and juvenile justice agencies for the purposes of research and evaluations. This provision was amended by H.F. 2458 (see Courts, Civil Law & Procedure, & Probate) to exclude criminal intelligence data and peace officers' investigative reports from the records to which the division is granted access.

RELATED LEGISLATION

SENATE FILE 13 - Notification Requirements and Decision-Making Assistance Program Regarding Pregnant Minors (Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE.)

This Act establishes a Prospective Minor Parents Decision-Making Assistance Program and includes requirements relating to the notification of a parent of a pregnant minor prior to the performance of an abortion on a pregnant minor. The Act specifies the components of the program, establishes an advisory committee for the program, specifies the procedure for notification of a parent and the alternative and exemptions to notification, establishes penalties for various violations of the Act, and provides effective dates for the various provisions of the Act. The Act was amended by H. F. 2050 (see Children & Youth) with regard to termination of parental rights of a pregnant minor and placement of a child for adoption.

SENATE FILE 454 - Assisted Living Program (Complete summary under HUMAN SERVICES.)

This Act establishes a procedure for the certification or voluntary accreditation of assisted living programs operating in the state. The Act provides for the following: definitions, the adoption of rules by the Department of Elder Affairs for the program and by the State Fire Marshal for fire and safety-related matters, voluntary accreditation in lieu of certification by the department, coordination with the existing long-term care system, and the seeking of a waiver to allow these programs to be a provider of personal care services under the Medical Assistance (Medicaid) program. Implementation of the program is contingent upon the establishment of a funding source.

SENATE FILE 2013 - Licensure of Respiratory Care Practitioners (Complete summary under STATE GOVERNMENT.)

This Act transfers the licensing authority for respiratory care therapists from the Department of Public Health to a new State Board of Respiratory Care. The Act also expands the definition of a "respiratory care practitioner."

SENATE FILE 2030 - Mental Health and Developmental Disability Funding and Related Provisions (Complete summary under LOCAL GOVERNMENT.)

This Act relates to state and county mental health and developmental disability services funding provisions by amending provisions associated with the base year used for determining maximum county expenditures and state funding levels. The Act amends provisions initially enacted in 1995 Iowa Acts, Chapter 206, S. F. 69, and includes planning provisions for mental health and developmental disabilities services.

SENATE FILE 2066 - Assisted Suicide (Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE.)

This Act establishes the crime of assisting suicide as a class "C" felony. The Act provides that in certain circumstances, the administering, prescribing or dispensing of medications or procedures to relieve pain or discomfort by a licensed health care professional or the withholding or withdrawing of a life-sustaining procedure in compliance with the Life-Sustaining Procedures Act or in accordance with durable power of attorney for health care provisions are not considered assisting suicide.

SENATE FILE 2088 - Abuse of a Human Corpse (Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE.)

This Act establishes the crime of abuse of a human corpse, which is defined as knowingly and intentionally engaging in a sex act with a human corpse. Abuse of a human corpse is a class "D" felony for which the sentence is confinement for not more than five years and a possible fine of at least $500 and no more than $7,500.

SENATE FILE 2167 - Assaults Against Health Care Providers (Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE.)

This Act establishes penalties for the assault of a health care provider. The Act defines "health care provider" and provides penalties for various types of assault ranging from a class "D" felony to a serious misdemeanor.

SENATE FILE 2208 - Sex Offender Registry -- Study of Access to Various Registries (Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE.)

This Act adds to the list of offenses requiring a person to register with the sex offender registry and requires the Department of Human Services and the Department of Public Safety to study sharing information between certain registries maintained by each department.

SENATE FILE 2219 - Midwest Interstate Low-level Radioactive Waste Compact (Complete summary under ENVIRONMENTAL PROTECTION.)

This Act amends the Midwest Interstate Compact relating to the disposal of low-level radioactive waste.

SENATE FILE 2287 - Regulation of Toxics in Packaging (Complete summary under ENVIRONMENTAL PROTECTION.)

This Act amends Section 455D.19 of the Iowa Code, relating to the regulation of toxic metals in packaging. The Act expands the conditions upon which an exemption from the regulations on toxic metals in packaging is granted.

SENATE FILE 2294 - Multidisciplinary Community Services Teams (Complete summary under HUMAN SERVICES.)

This Act creates multidisciplinary community services teams in the county home rule chapter of the Iowa Code, Chapter 331. The members of a team are expressly authorized to disclose confidential information to one another concerning an individual or a family.

SENATE FILE 2299 - Reserve Peace Officers -- Professional Permits to Carry Weapons (Complete summary under LOCAL GOVERNMENT.)

This Act provides that reserve peace officers are to be treated the same as peace officers for the purposes of obtaining and renewing professional permits to carry weapons.

SENATE FILE 2303 - Medical Assistance (Complete summary under HUMAN SERVICES.)

This Act makes several changes related to the Medical Assistance (Medicaid) Program, including requirements of personal representatives or executors of estates of Medical Assistance recipients, the conforming of references with federal citations relating to nursing facility fines, and the conforming to federal requirements relating to the transfers of assets under the Medical Assistance Program.

SENATE FILE 2324 - Miscellaneous Public Assistance Provisions and Related Matters (Complete summary under HUMAN SERVICES.)

This Act relates to various public assistance provisions and includes provisions regarding the immunization status of children participating in the Family Investment Program.

SENATE FILE 2381 - Dependent Adult Abuse (Complete summary under HUMAN SERVICES.)

This Act makes several changes in the dependent adult abuse law, including changes in definitions, measures to prevent additional abuse, provision of protective services, and penalties for various charges of dependent adult abuse.

SENATE FILE 2410 - Illegal Drugs in Parents and Children (Complete summary under CHILDREN & YOUTH.)

This Act amends juvenile justice code provisions involving the presence of illegal drugs in a child or a parent, includes provisions voiding rules adopted by the Iowa Department of Public Health, and requires the department to study issues associated with the effects of the use of illegal drugs on a family.

SENATE FILE 2438 - Mental and Physical Conditions -- Terminology Changes and Related Matters (Complete summary under HUMAN SERVICES.)

This Act makes numerous changes in terminology to various provisions pertaining to persons with certain mental and physical conditions. In addition, the Act directs the Code Editor to make similar changes.

SENATE FILE 2442 - Appropriations -- Human Services (Complete summary under APPROPRIATIONS.)

This Act makes appropriations to the Department of Human Services (DHS) and to the Prevention of Disabilities Policy Council for FY 1996-1997, and includes provisions relating to human services and health.

SENATE FILE 2448 - Appropriations -- Health and Human Rights (Complete summary under APPROPRIATIONS.)

This Act appropriates funds to a number of programs within the Iowa Department of Public Health, including appropriations to the Planning and Administration Division, the Health Protection Division, the Division of Substance Abuse and Health Promotion, and the Family and Community Health Division.

SENATE FILE 2453 - Boilers and Unfired Steam Pressure Vessels (Complete summary under LABOR AND EMPLOYMENT.)

This Act provides for the inspection of certain unfired steam pressure vessels manufactured on or after January 1, 1994, with an allowable pressure of 150 pounds per square inch and the safety relief valve set at 150 pounds per square inch. The Act requires that these vessels have an annual external inspection and a second internal inspection completed before December 31, 1997. Prior law provided that these vessels have an external and internal inspection on an annual basis.

SENATE FILE 2470 - Miscellaneous Appropriations and Related Matters -- Economic Development Appropriations (Complete summary under APPROPRIATIONS.)

This Act relates to public levy, expenditure and regulatory matters by making standing, economic development and other appropriations, and includes provisions involving mutual aid between fire departments, county mental health and substance abuse funding, funding of the Prospective Minor Parents Decision-Making Assistance Program involving parental notification prior to placement for adoption or an abortion procedure, and funding for a study of physician utilization in health care coverages.

HOUSE FILE 2061 - Health Care Peer Review Committees (Complete summary under STATE GOVERNMENT.)

This Act adds health care entities engaged in providing health care services, including group medical practices, to the list of recognized health care peer review committees established in Section 147.1. Consequently, pursuant to Section 147.135, health care service entities, including group medical practices, are accorded civil immunity for actions resulting from peer review committee activities.

HOUSE FILE 2308 - Asbestos Removal and Encapsulation (Complete summary under ENVIRONMENTAL PROTECTION.)

This Act rewrites and reorders much of Chapter 88B, the Asbestos Removal and Encapsulation chapter of the Iowa Code. Requirements that apply to asbestos workers working in schools are, under the Act, also applicable to asbestos workers working in public and commercial buildings.

HOUSE FILE 2369 - Postdelivery Benefits and Care (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act establishes postdelivery care requirements for mothers and newborns under third-party health policies or contracts.

HOUSE FILE 2427 - Mental Health, Mental Retardation, and Developmental Disability Services (Complete summary under LOCAL GOVERNMENT.)

This Act amends numerous provisions involving voluntary placements of individuals for mental health or mental retardation care and treatment services.

HOUSE FILE 2432 - Taxation of Organized Health Care Delivery Systems (Complete summary under TAXATION.)

This Act provides that payments received by an organized health care delivery system licensed by the Director of Public Health shall be taxed in the same manner as payments received by a health maintenance organization.

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