Text: HSB00035 Text: HSB00037 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 22.7, subsection 2, Code 1997, is 1 2 amended to read as follows: 1 3 2. Hospital records, medical records, and professional 1 4 counselor records of the condition, diagnosis, care, or 1 5 treatment of a patient or former patient or a counselee or 1 6 former counselee, including outpatient. However, confidential 1 7 communications between a crime victim and the victim's 1 8 counselor are not subject to disclosure except as provided in 1 9 section 236A.1. However, the Iowa department of public health 1 10 shall adopt rules which provide for the sharing of information 1 11 among agencies and providers concerning the maternal and child 1 12 health program including but not limited to the statewide 1 13 child immunization information system, while maintaining an 1 14 individual's confidentiality. 1 15 Sec. 2. Section 135.43, subsection 6, Code 1997, is 1 16 amended to read as follows: 1 17 6. a. The Iowa department of public health and the 1 18 department of human services shall adopt rules providing for 1 19 disclosure of information which is confidential under chapter 1 20 22 or any other provision of state law, to the review team for 1 21 purposes of performing its child death and child abuse review 1 22 responsibilities. 1 23 b. A person in possession or control of medical, 1 24 investigative or other information pertaining to a child death 1 25 and child abuse review shall allow the inspection and 1 26 reproduction of the information by the department upon the 1 27 request of the department, to be used only in the 1 28 administration and for the duties of the Iowa child death 1 29 review team. Information and records which are confidential 1 30 under section 22.7 and chapter 235A, and information or 1 31 records received from the confidential records, remain 1 32 confidential under this section. A person does not incur 1 33 legal liability by reason of releasing information to the 1 34 department as required under and in compliance with this 1 35 section. 2 1 Sec. 3. Section 135.43, Code 1997, is amended by adding 2 2 the following new subsection: 2 3 NEW SUBSECTION. 7. Review team members and their agents 2 4 are immune from any liability, civil or criminal, which might 2 5 otherwise be incurred or imposed as a result of any act, 2 6 omission, proceeding, decision, or determination undertaken or 2 7 performed, or recommendation made as a review team member or 2 8 agent provided that the review team members or agents acted in 2 9 good faith and without malice in carrying out their official 2 10 duties in their official capacity. The department shall adopt 2 11 rules pursuant to chapter 17A to administer this subsection. 2 12 A complainant bears the burden of proof in establishing malice 2 13 or lack of good faith in an action brought against review team 2 14 members involving the performance of their duties and powers 2 15 under this section. 2 16 Sec. 4. Section 135.61, subsection 14, Code 1997, is 2 17 amended to read as follows: 2 18 14. "Institutional health facility" means any of the 2 19 following, without regard to whether the facilities referred 2 20 to are publicly or privately owned or are organized for profit 2 21 or not or whether the facilities are part of or sponsored by a 2 22 health maintenance organization: 2 23 a. A hospital. 2 24 b. A health care facility. 2 25c. A kidney disease treatment center, including any2 26freestanding hemodialysis unit but not including any home2 27hemodialysis unit.2 28dc. An organized outpatient health facility. 2 29ed. An outpatient surgical facility. 2 30fe. A community mental health facility. 2 31gf. A birth center. 2 32 Sec. 5. Section 135.61, subsection 18, paragraphs c, e, 2 33 and g through m, Code 1997, are amended to read as follows: 2 34 c. Any capital expenditure, lease, or donation by or on 2 35 behalf of an institutional health facility in excess ofeight3 1 one million five hundred thousand dollars within a twelve- 3 2 month period. 3 3 e. Any expenditure in excess ofthreefive hundred 3 4 thousand dollars by or on behalf of an institutional health 3 5 facility for health services which are or will be offered in 3 6 or through an institutional health facility at a specific time 3 7 but which were not offered on a regular basis in or through 3 8 that institutional health facility within the twelve-month 3 9 period prior to that time. 3 10 g. Any acquisition by or on behalf of a health care 3 11 provider or a group of health care providers of any piece of 3 12 replacement equipment with a value in excess offourone 3 13 million five hundred thousand dollars, whether acquired by 3 14 purchase, lease, or donation and only if there are established 3 15 volume standards which are not being met by the original piece 3 16 of equipment. 3 17 h. Any acquisition by or on behalf of a health care 3 18 provider or group of health care providers of any piece of 3 19 equipment with a value in excess ofthreeone million five 3 20 hundred thousand dollars, whether acquired by purchase, lease, 3 21 or donation, which results in the offering or development of a 3 22 health service not previously provided. A mobile service 3 23 provided on a contract basis is not considered to have been 3 24 previously provided by a health care provider or group of 3 25 health care providers. 3 26 i. Any acquisition by or on behalf of an institutional 3 27 health facility or a health maintenance organization of any 3 28 piece of replacement equipment with a value in excess offour3 29 one million five hundred thousand dollars, whether acquired by 3 30 purchase, lease, or donation and only if there are established 3 31 volume standards which are not being met by the original piece 3 32 of equipment. 3 33 j. Any acquisition by or on behalf of an institutional 3 34 health facility or health maintenance organization of any 3 35 piece of equipment with a value in excess ofthreeone million 4 1 five hundred thousand dollars, whether acquired by purchase, 4 2 lease, or donation, which results in the offering or 4 3 development of a health service not previously provided. A 4 4 mobile service provided on a contract basis is not considered 4 5 to have been previously provided by an institutional health 4 6 facility. 4 7 k. Any air transportationsystemservice for 4 8 transportation of patients or medical personnel offered 4 9 through an institutional health facility at a specific time 4 10 but which was not offered on a regular basis in or through 4 11 that institutional health facility within the twelve-month 4 12 period prior to the specific time. 4 13 l. Any mobile health service with a value in excess of 4 14threeone million five hundred thousand dollars. 4 15 m. Any of the following: 4 16 (1) Cardiac catheterization service. 4 17 (2) Open heart surgical service. 4 18 (3) Organ transplantation service. 4 19 (4) Radiation therapy. 4 20 Sec. 6. Section 135.63, subsection 1, Code 1997, is 4 21 amended to read as follows: 4 22 1. A new institutional health service or changed 4 23 institutional health service shall not be offered or developed 4 24 in this state without prior application to the department for 4 25 and receipt of a certificate of need, pursuant to this 4 26 division. The application shall be made upon forms furnished 4 27 or prescribed by the department and shall contain such 4 28 information as the department may require under this division. 4 29 The application shall be accompanied by a fee equivalent to 4 30 three-tenths of one percent of the anticipated cost of the 4 31 project with a minimum fee of six hundred dollars and a 4 32 maximum fee of twenty-one thousand dollars. The fee shall be 4 33 remitted by the department to the treasurer of state, who 4 34 shall place it in the general fund of the state. If an 4 35 application is voluntarily withdrawn within thirty calendar 5 1 days after submission, seventy-five percent of the application 5 2 fee shall be refunded; if the application is voluntarily 5 3 withdrawn more than thirty but within sixty days after 5 4 submission, fifty percent of the application fee shall be 5 5 refunded; if the application is withdrawn voluntarily more 5 6 than sixty days after submission, twenty-five percent of the 5 7 application fee shall be refunded. Notwithstanding the 5 8 required payment of an application fee under this subsection, 5 9 an applicant for a new institutional health service or a 5 10 changed institutional health service offered or developed by 5 11 an intermediate care facility for persons with mental 5 12 retardation or an intermediate care facility for persons with 5 13 mental illness as defined pursuant to section 135C.1 is exempt 5 14 from payment of the application fee. 5 15 Sec. 7. Section 135.63, subsection 2, Code 1997, is 5 16 amended by adding the following new paragraphs: 5 17 NEW PARAGRAPH. j. The construction, modification, or 5 18 replacement of nonpatient care services, including parking 5 19 facilities, heating, ventilation and air conditioning systems, 5 20 computers, telephone systems, medical office buildings, and 5 21 other projects of a similar nature, notwithstanding any 5 22 provision in this division to the contrary. 5 23 NEW PARAGRAPH. k. The redistribution of beds by a 5 24 hospital within the acute care category of bed usage, 5 25 notwithstanding any provision in this division to the 5 26 contrary, if all of the following conditions exist: 5 27 (1) The hospital reports to the department the number and 5 28 type of beds to be redistributed on a form prescribed by the 5 29 department at least thirty days before the redistribution. 5 30 (2) The hospital reports the new distribution of beds on 5 31 its next annual report to the department. 5 32 If these conditions are not met, the redistribution of beds 5 33 by the hospital is subject to review as a new institutional 5 34 health service or changed institutional health service 5 35 pursuant to section 135.61, subsection 18, paragraph "d", and 6 1 is subject to sanctions under section 135.73. 6 2 NEW PARAGRAPH. l. An intermediate care facility for 6 3 persons with mental retardation, as defined in section 135C.1, 6 4 notwithstanding any provision in this division to the 6 5 contrary. 6 6 NEW PARAGRAPH. m. A psychiatric medical institution for 6 7 children, as defined in section 135H.1, notwithstanding any 6 8 provision in this division to the contrary. 6 9 NEW PARAGRAPH. n. The replacement or modernization of any 6 10 institutional health facility if the replacement or 6 11 modernization does not add new health services or additional 6 12 capacity for existing health services, notwithstanding any 6 13 provision in this division to the contrary. 6 14 NEW PARAGRAPH. o. Hemodialysis services provided by a 6 15 hospital or freestanding facility, notwithstanding any 6 16 provision in this division to the contrary. 6 17 Sec. 8. Section 135.65, subsection 1, Code 1997, is 6 18 amended to read as follows: 6 19 1. Before applying for a certificate of need, the sponsor 6 20 of a proposed new institutional health service or changed 6 21 institutional health service shall submit to the department a 6 22 letter of intent to offer or develop a service requiring a 6 23 certificate of need. The letter shall be submitted as soon as 6 24 possible after initiation of the applicant's planning process, 6 25 and in any case not less thansixtythirty days before 6 26 applying for a certificate of need and before substantial 6 27 expenditures to offer or develop the service are made. The 6 28 letter shall include a brief description of the proposed new 6 29 or changed service, its location, and its estimated cost. 6 30 Sec. 9. Section 135.71, unnumbered paragraph 1, Code 1997, 6 31 is amended to read as follows: 6 32 A certificate of need shall be valid for a maximum of one 6 33 year from the date of issuance. Upon the expiration of the 6 34 certificate, or at any earlier time while the certificate is 6 35 valid the holder thereof shall provide the department such 7 1 information on the development of the project covered by the 7 2 certificate as the department may request. The council shall 7 3 determine at the end of the certification period whether 7 4 sufficient progress is being made on the development of the 7 5 projectand whether there has been compliance with any7 6conditions on which issuance of the certificate was premised. 7 7 The certificate of need may be extended by the council for 7 8 additional periods of time as are reasonably necessary to 7 9 expeditiously complete the project, but may be revoked by the 7 10 council at the end of the first or any subsequent 7 11 certification period for insufficient progress in developing 7 12 the projector noncompliance with any conditions on which7 13issuance of the certificate was premised. 7 14 Sec. 10. Section 135.105A, Code 1997, is amended to read 7 15 as follows: 7 16 135.105A LEAD INSPECTOR AND LEAD ABATER TRAINING AND 7 17 CERTIFICATION ESTABLISHED – CIVIL PENALTY. 7 18 1. The department shall establish a program for the 7 19 training and certification of lead inspectors and lead abaters 7 20who provide inspections and abatement for monetary7 21compensation. The department shall maintain a listing, 7 22 available to the public and to city and county health 7 23 departments, of lead inspectors and lead abaters who have 7 24 successfully completed the training program and have been 7 25 certified by the department. A person may be certified as 7 26 both a lead inspector and a lead abater. However, a person 7 27 who is certified as both a lead inspector and a lead abater 7 28 shall not provide both inspection and abatement services at 7 29 the same site unless a written consent or waiver, following 7 30 full disclosure by the person, is obtained from the owner or 7 31 manager of the site. 7 32 2. The department shall also establish a program for the 7 33 training of painting, demolition, and remodeling contractors 7 34 and those who provide mitigation control servicesfor monetary7 35compensation. The training shall be completed on a voluntary 8 1 basis. 8 2 3. A person who ownsor managesreal property which 8 3 includes a residential dwelling and who performs lead 8 4 inspection or lead abatement of the residential dwelling is 8 5 not required to obtain certification to performmitigation8 6control or abatementthese measuresof property which the8 7person owns or manages, unless the residential dwelling is 8 8 occupied by a person other than the owner or a member of the 8 9 owner's immediate family while the measures are being 8 10 performed. However, the department shall encourage property 8 11 owners and managers who are not required to be certified to 8 12 complete the training course to ensure the use of appropriate 8 13 and safe mitigation and abatement procedures. 8 14 4. A person shall not perform lead abatement or lead 8 15 inspectionsfor compensationunless the person has completed a 8 16 training program approved by the department and has obtained 8 17 certification. A person who violates this section is subject 8 18 to a civil penalty not to exceed five thousand dollars for 8 19 each offense. 8 20 Sec. 11. NEW SECTION. 135.105C RENOVATION, REMODELING 8 21 AND REPAINTING – LEAD HAZARD NOTIFICATION PROCESS 8 22 ESTABLISHED. 8 23 1. A person who performs renovation, remodeling, or 8 24 repainting services of targeted housing for compensation shall 8 25 provide an approved lead hazard information pamphlet to the 8 26 owner and occupant of the housing prior to commencing the 8 27 services. 8 28 2. For the purpose of this section, "targeted housing" 8 29 means housing constructed prior to 1978 with the exception of 8 30 housing for the elderly or for persons with disabilities, 8 31 unless at least one child, six years of age or less, resides 8 32 or is expected to reside in the housing, and housing which 8 33 does not contain a bedroom. The department shall adopt rules 8 34 to implement the renovation, remodeling, and repainting lead 8 35 hazard notification process. 9 1 Sec. 12. Section 135H.6, subsection 4, Code 1997, is 9 2 amended by striking the subsection. 9 3 Sec. 13. Section 144.1, subsections 5, 9, and 10, Code 9 4 1997, are amended to read as follows: 9 5 5. "Fetal death" means death prior to the complete 9 6 expulsion or extraction from its mother of a product of human 9 7 conception, irrespective of the duration of pregnancy. Death 9 8 is indicated by the fact that after expulsion or extraction 9 9 the fetus does not breathe or show any other evidence of life 9 10 such as beating of the heart, pulsation of the umbilical cord, 9 11 or definite movement of voluntary muscles. In determining a 9 12 fetal death, heartbeats shall be distinguished from transient 9 13 cardiac contractions, and respirations shall be distinguished 9 14 from fleeting respiratory efforts or gasps. 9 15 9. "Live birth" means the complete expulsion or extraction 9 16 from its mother of a product of human conception, irrespective 9 17 of the duration of pregnancy, which, after such expulsion or 9 18 extraction, breathes or shows any other evidence of life such 9 19 as beating of the heart, pulsation of the umbilical cord, or 9 20 definite movement of voluntary muscles, whether or not the 9 21 umbilical cord has been cut or the placenta is attached. In 9 22 determining a live birth, heartbeats shall be distinguished 9 23 from transient cardiac contractions, and respirations shall be 9 24 distinguished from fleeting respiratory efforts or gasps. 9 25 10. "Registration" means theacceptance by the division9 26and the incorporation in its official records of certificates,9 27reports, or other records, provided for in this chapter, of9 28births, deaths, fetal deaths, adoptions, marriages, divorces,9 29or annulmentsprocess by which vital statistic records are 9 30 completed, filed, and incorporated by the division in the 9 31 division's official records. 9 32 Sec. 14. Section 144.5, subsection 4, Code 1997, is 9 33 amended to read as follows: 9 34 4. Prescribe, print, and distribute the forms required by 9 35 this chapter and prescribe any other means for transmission of 10 1 data, as necessary to accomplish complete, accurate reporting. 10 2 Sec. 15. Section 144.12, Code 1997, is amended to read as 10 3 follows: 10 4 144.12 FORMS UNIFORM. 10 5 In order to promote and maintain uniformity in the system 10 6 of vital statistics, the forms of certificates, reports, and 10 7 other returns shall include as a minimum the items recommended 10 8 by the federal agency responsible for national vital 10 9 statistics, subject to approval and modification by the 10 10 department. Forms shall be furnished by the department. The 10 11 forms or other recording methods usedby county registrarsto 10 12record copies ofregister recordsmaderequired under this 10 13 chapter shall be prescribed by the department. 10 14 Sec. 16. Section 144.13, subsection 1, paragraphs a, b, 10 15 and c, Code 1997, are amended to read as follows: 10 16 a. A certificate of birth for each live birth which occurs 10 17 in this state shall be filedwith the countyas directed by 10 18 the state registrarof the county in which the birth occurs10 19 withintenseven days after the birth and shall be registered 10 20 by the county registrar if it has been completed and filed in 10 21 accordance with this chapter.However, when a birth occurs in10 22a moving conveyance, a birth certificate shall be filed in the10 23county in which the child was first removed from the10 24conveyance.10 25 b. When a birth occurs in an institution or en route to an 10 26 institution, the person in charge of the institution or the 10 27 person's designated representative, shall obtain the personal 10 28 data, prepare the certificate,secure the signatures required10 29by the certificate,and file the certificatewith the county10 30 as directed by the state registrar. The physician in 10 31 attendance or the person in charge of the institution or the 10 32 person's designee shall certify to the facts of birth either 10 33 by signature or as otherwise authorized by rule and provide 10 34 the medical information required by the certificate withinsix10 35 seven days after the birth. 11 1 c. When a birth occurs outside an institution and not en 11 2 route to an institution, the certificate shall be prepared and 11 3 filed by one of the following in the indicated order of 11 4 priority: 11 5 (1) The physician in attendance at or immediately after 11 6 the birth. 11 7 (2) Any other person in attendance at or immediately after 11 8 the birth. 11 9 (3) The father or the mother. 11 10 (4) The person in charge of the premises where the birth 11 11 occurred. The state registrar shall establish by rule, the 11 12 evidence required to establish the facts of birth. 11 13 Sec. 17. Section 144.13, subsection 2, Code 1997, is 11 14 amended to read as follows: 11 15 2. If the mother was marriedeitherat the time of 11 16 conceptionor, birth, or at anytime during the period between 11 17 conception and birth, the name of the husband shall be entered 11 18 on the certificate as the father of the child unless paternity 11 19 has been determined otherwise by a court of competent 11 20 jurisdiction, in which case the name of the father as 11 21 determined by the court shall be entered by the department. 11 22 Sec. 18. Section 144.13, subsection 3, Code 1997, is 11 23 amended to read as follows: 11 24 3. If the mother was not marriedeitherat the time of 11 25 conceptionor, birth, or at any time during the period between 11 26 conception and birth, the name of the father shall not be 11 27 entered on the certificate of birth without the written 11 28 consent of the mother and the person to be named as the 11 29 father, unless a determination of paternity has been made 11 30 pursuant to section 252A.3, in which case the name of the 11 31 father as established shall be entered by the department. If 11 32 the father is not named on the certificate of birth, no other 11 33 information shall be entered on the certificate. 11 34 Sec. 19. Section 144.15, unnumbered paragraph 1, Code 11 35 1997, is amended to read as follows: 12 1 When the birth of a person born in this state has not been 12 2 registered, a certificate may be filed in accordance with 12 3 regulations. The certificate shall be registered subject to 12 4 evidentiary requirements prescribed to substantiate the 12 5 alleged facts of birth. Certificates of birth registered one 12 6 year or more after the date of occurrence shall be marked 12 7 "delayed" and shall show on their face the date of the delayed 12 8 registration. A summary statement of the evidence submitted 12 9 in support of the delayed registration shall be endorsed on 12 10 the certificate. A delayed certificate of birth shall not be 12 11 registered for a deceased person. 12 12 Sec. 20. Section 144.26, Code 1997, is amended to read as 12 13 follows: 12 14 144.26 DEATH CERTIFICATE. 12 15 A death certificate for each death which occurs in this 12 16 state shall be filedwith the countyas directed by the state 12 17 registrarof the county in which the death occurs,within 12 18 three days after the death and prior to final disposition, and 12 19 shall be registered by the county registrar if it has been 12 20 completed and filed in accordance with this chapter. All 12 21 information including the certifying physician's name shall be 12 22 typewritten. 12 23If the place of death is unknown, a death certificate shall12 24be filed in the county in which a dead body is found within12 25three days after the body is found.The county in which a 12 26 dead body is found is the county of death. If death occurs in 12 27 a moving conveyance,a death certificate shall be filed inthe 12 28 county in which the dead body is first removed from the 12 29 conveyance is the county of death. 12 30If a person dies outside of the county of the person's12 31residence, the state registrar shall send a copy of the death12 32certificate to the county registrar of the county of the12 33decedent's residence. The county registrar shall record the12 34death certificate in the same records in which death12 35certificates of persons who died within the county are13 1recorded.13 2 Sec. 21. Section 144.27, Code 1997, is amended to read as 13 3 follows: 13 4 144.27 FUNERAL DIRECTOR'S DUTY. 13 5 The funeral director who first assumes custody of a dead 13 6 body shall file the death certificate, obtain the personal 13 7 data from the next of kin or the best qualified person or 13 8 source available and obtain the medical certification of cause 13 9 of death from the person responsible forissuing and signing13 10 completing the certification. When a person other than a 13 11 funeral director assumes custody of a dead body, the person 13 12 shall be responsible for carrying out the provisions of this 13 13 section. 13 14 Sec. 22. Section 144.28, Code 1997, is amended to read as 13 15 follows: 13 16 144.28 MEDICAL CERTIFICATE. 13 17 1. The medical certification shall be completed and signed 13 18 within twenty-four hours after death by the physician in 13 19 charge of the patient's care for the illness or condition 13 20 which resulted in death except when inquiry is required by the 13 21 county medical examiner. When inquiry is required by the 13 22 county medical examiner, the medical examiner shall 13 23 investigate the cause of death and shall complete and sign the 13 24 medical certification within twenty-four hours after taking 13 25 charge of the case. 13 26 2. The person completing the medical certification of 13 27 cause of death shall attest to its accuracy either by 13 28 signature or by an electronic process approved by rule. 13 29 Sec. 23. Section 144.29, Code 1997, is amended to read as 13 30 follows: 13 31 144.29 FETAL DEATHS. 13 32 A fetal death certificate for each fetal death which occurs 13 33 in this state after a gestation period of twenty completed 13 34 weeks or greater, or for a fetus with a weight of three 13 35 hundred fifty grams or more shall be filedwith the countyas 14 1 directed by the state registrarof the county in which the14 2delivery of the dead fetus occurs,within three days after 14 3 delivery and prior to final disposition of the fetus. The 14 4 certificate shall be registered if it has been completed and 14 5 filed in accordance with this chapter. 14 6If the place of delivery of a dead fetus is unknown, a14 7fetal death certificate shall be filed in theThe county in 14 8 which a dead fetus is found,is the county of death. The 14 9 certificate shall be filed within three days after the fetus 14 10 is found. If a fetal death occurs in a moving conveyance,a14 11fetal death certificate shall be filed inthe county in which 14 12 the fetus is first removed from the conveyance is the county 14 13 of death. 14 14 Sec. 24. Section 144.30, Code 1997, is amended to read as 14 15 follows: 14 16 144.30 FUNERAL DIRECTOR'S DUTY – FETAL DEATH CERTIFICATE. 14 17 The funeral director who first assumes custody of a fetus 14 18 shall file the fetal death certificate. In the absence of 14 19 such a person, the physician or other person in attendance at 14 20 or after the delivery shall file the certificate of fetal 14 21 death. The person filing the certificate shall obtain the 14 22 personal data from the next of kin or the best qualified 14 23 person or source available and shall obtain the medical 14 24 certification of cause of death from the person responsible 14 25 forissuing and signingcompleting the certification. When a 14 26 person other than a funeral director assumes custody of a 14 27 fetus, the person shall be responsible for carrying out the 14 28 provisions of this section. 14 29 Sec. 25. Section 144.31, Code 1997, is amended to read as 14 30 follows: 14 31 144.31 MEDICAL CERTIFICATE – FETAL DEATH. 14 32 The medical certification shall be completedand signed14 33 within twenty-four hours after delivery by the physician in 14 34 attendance at or after delivery except when inquiry is 14 35 required by the county medical examiner. 15 1 When a fetal death occurs without medical attendance upon 15 2 the mother at or after delivery or when inquiry is required by 15 3 the county medical examiner, the medical examiner shall 15 4 investigate the cause of fetal death and shall completeand15 5signthe medical certification within twenty-four hours after 15 6 taking charge of the case. The person completing the medical 15 7 certification of cause of fetal death shall attest to its 15 8 accuracy either by signature or as authorized by rule. 15 9 Sec. 26. Section 144.43, Code 1997, is amended by adding 15 10 the following new unnumbered paragraph: 15 11 NEW UNNUMBERED PARAGRAPH. A public record shall not be 15 12 withheld from the public because it is combined with data 15 13 processing software. The state registrar shall not implement 15 14 any electronic data processing system for the storage, 15 15 manipulation, or retrieval of vital records that would impair 15 16 a county registrar's ability to permit the examination of a 15 17 public record and the copying of a public record, as 15 18 established by rule. If it is necessary to separate a public 15 19 record from data processing software in order to permit the 15 20 examination of the public record, the county registrar shall 15 21 periodically generate a written log available for public 15 22 inspection which contains the public record. 15 23 Sec. 27. NEW SECTION. 152.12 EXAMINATION INFORMATION. 15 24 Notwithstanding subsection 147.21, subsection 3, individual 15 25 pass or fail examination results made available from the 15 26 authorized national testing agency may be disclosed to the 15 27 appropriate licensing authority in another state, the District 15 28 of Columbia, or a territory or county, and the board-approved 15 29 education program, for purposes of verifying accuracy of 15 30 national data and determining program approval. 15 31 Sec. 28. Section 153.36, Code 1997, is amended to read as 15 32 follows: 15 33 153.36 STATUTES NOT APPLICABLE TO DENTISTRY. 15 34 1. Sections 147.44 to 147.71, except 147.57 and sections 15 35 147.87 to 147.92, shall not apply to the practice of 16 1 dentistry. 16 2 2. In addition to the provisions of section 272C.2, 16 3 subsection 4, a person licensed by the board of dental 16 4 examiners shall also be deemed to have complied with 16 5 continuing education requirements of this state if, during 16 6 periods that the person practiced the profession in another 16 7 state or district, the person met all of the continuing 16 8 education and other requirements of that state or district for 16 9 the practice of the occupation or profession. 16 10 3. Notwithstanding the panel composition provisions in 16 11 section 272C.6, subsection 1, the board of dental examiners' 16 12 disciplinary hearing panels shall be comprised of three board 16 13 members, at least two of which are licensed in the profession. 16 14 Sec. 29. REVIEW OF CERTIFICATE OF NEED PROGRAM. The Iowa 16 15 department of public health shall complete a comprehensive 16 16 review of the certificate of need program and shall submit a 16 17 written report of the findings and recommendations as to the 16 18 continued relevance of the program to the general assembly by 16 19 January 15, 2000. 16 20 Sec. 30. CONTINGENT EFFECTIVE DATE. Section 11 of this 16 21 Act relating to the renovation, remodeling, and repainting 16 22 lead hazard notification process takes effect only upon 16 23 receipt by the Iowa department of public health of 16 24 authorization from the United States environmental protection 16 25 agency for state implementation of the lead inspection and 16 26 abatement certification program. 16 27 Sec. 31. Section 135.15, Code 1997, is repealed. 16 28 EXPLANATION 16 29 This bill makes numerous changes to programs within and 16 30 administered by the Iowa department of public health. 16 31 Code section 22.7 is amended to enable the exchange of 16 32 child immunization information among public health agencies 16 33 and health care providers. 16 34 Code section 135.43 is amended to specifically set out the 16 35 authority of the child death review team to obtain 17 1 confidential records and to maintain confidentiality during 17 2 death reviews. The Iowa department of public health is 17 3 directed to adopt rules extending immunity to members of the 17 4 death review team in the execution of their duties in their 17 5 official capacity. 17 6 Code sections 135.61, 135.63. 135.65, 135.71, and 135H.6 17 7 are amended to make various changes in the certificate of need 17 8 (CON) program. Kidney disease treatment centers and 17 9 hemodialysis units are eliminated from the definition of an 17 10 institutional health facility with the intended result being 17 11 to not review these services under the program. The capital 17 12 expenditure threshold for review of a number of services and 17 13 types of equipment are increased and certain conditions are 17 14 placed on review of other services and expenditures. The bill 17 15 exempts certain services and equipment from CON including 17 16 certain nonpatient care services such as parking facilities, 17 17 redistribution of acute care beds under certain conditions, 17 18 intermediate care facilities for persons with mental 17 19 retardation, psychiatric medical institutions for children, 17 20 replacement or modernization of an institutional health 17 21 facility under certain conditions, and hemodialysis services 17 22 provided by a hospital or freestanding facility. The bill 17 23 establishes a minimum application fee of $600 and a maximum 17 24 fee of $21,000. The bill also shortens the period between the 17 25 time a letter of intent to offer or develop a service 17 26 requiring a certificate of need is submitted and initiation of 17 27 the application process is begun from 60 to 30 days. The bill 17 28 also deletes a reference to CON review of psychiatric medical 17 29 institutions for children and directs the department to 17 30 conduct a review of the CON program and submit a report of 17 31 findings and recommendations as to the continued relevance of 17 32 the program to the general assembly by January 15, 2000. 17 33 Code section 135.105A relating to the lead inspector and 17 34 abater certification program is amended as necessary to be 17 35 deemed an authorized state program by the federal 18 1 environmental protection agency (EPA). 18 2 New Code section 135.105C is created to establish a lead 18 3 hazard notification process for professional renovation, 18 4 remodeling, and repainting projects in targeted housing. The 18 5 establishment of such a notification process is an additional 18 6 federal EPA requirement for authorization of a state program. 18 7 A contingent effective date is provided for this section, 18 8 based on federal approval of the state program. 18 9 Code section 144.1 is amended to redefine "fetal death" and 18 10 "live birth" to distinguish between an actual fetal death or 18 11 live birth and various anomalies, and to redefine 18 12 "registration" for the purposes of the vital statistics 18 13 chapter. 18 14 Code sections 144.5, 144.12, 144.13, 144.15, 144.26, 18 15 144.27, 144.28, 144.29, 144.30, 144.31, and 144.43 are amended 18 16 to provide for the modernization of vital records procedures 18 17 and to facilitate the transition of county registrar duties 18 18 from the clerks of the district court to the county recorders. 18 19 The bill provides for changes in the birth and death 18 20 registration processes and disallows issuance of delayed birth 18 21 certificates for a deceased person. The bill also provides 18 22 that a public record is not to be withheld from public access 18 23 due to being combined with data processing software. 18 24 Code section 152.12 is created to authorize the board of 18 25 nursing examiners to disclose pass or fail examination results 18 26 to other state licensing authorities and to board-approved 18 27 education programs in order to facilitate requests for 18 28 licensure and to verify accuracy and determine approval. 18 29 Code section 153.36 is amended to provide for exceptions to 18 30 provisions in chapter 272C, regarding continuing education and 18 31 regulation, for the board of dental examiners. The exceptions 18 32 include allowing citizen board member participation in 18 33 disciplinary hearing panels and providing licensees practicing 18 34 out-of-state the ability to meet state continuing education 18 35 requirements by meeting the requirements of the state in which 19 1 they practice. 19 2 Code section 135.15 is repealed, thereby abolishing the 19 3 plumbing code fund which requires that cities which license 19 4 plumbers pay the treasurer of state $1 for each license 19 5 issued, and 25 cents for each renewal issued to be used to pay 19 6 the state printing costs for rules governing the installation 19 7 of plumbing and plumbers' license and application forms. 19 8 LSB 1288DP 77 19 9 pf/sc/14.1
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