Text: SF02394 Text: SF02396 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 8D.2, Code 1997, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 2A. "Licensed health care professional" 1 4 means a physician and surgeon, podiatric physician, osteopath, 1 5 osteopathic physician and surgeon, physician assistant, 1 6 advanced registered nurse practitioner, registered nurse, 1 7 dentist, or pharmacist required to be licensed under chapter 1 8 147. 1 9 NEW SUBSECTION. 7. "Telehealth" means the use of a 1 10 telecommunications system for diagnostic, clinical, 1 11 consultative, data, or educational services or related health 1 12 care activities by licensed health care professionals, or 1 13 staff who function under the direction of, or in collaboration 1 14 with, a physician, or staff of a hospital, clinic, home care 1 15 or public health agency, or health care facility. 1 16 Sec. 2. Section 8D.6, subsection 1, Code 1997, is amended 1 17 to read as follows: 1 18 1. The commission shall establish an advisory group to 1 19 examine the use of the network fortelemedicinetelehealth 1 20 applications. The advisory group shall consist of 1 21 representatives of hospitals and other health care facilities 1 22 as determined by the commission, and representatives of 1 23 licensed health care professionals. 1 24 Sec. 3. Section 8D.13, subsection 16, Code Supplement 1 25 1997, is amended to read as follows: 1 26 16. Access shall be offered to hospitals licensed pursuant 1 27 to chapter 135B and physician clinics for diagnostic, 1 28 clinical, consultative, data, and educational services for the 1 29 purpose of developing a comprehensive, statewidetelemedicine1 30 telehealth network, to an agency of the federal government, 1 31 and to a post office defined as a public agency pursuant to 1 32 section 8D.2, subsection 5. A hospital, physician clinic, an 1 33 agency of the federal government, or a post office defined as 1 34 a public agency pursuant to section 8D.2, subsection 5, shall 1 35 be responsible for all costs associated with becoming a part 2 1 of the network. 2 2 Full-motion, interactive video services offered through the 2 3 network to a hospital or physician clinic may be used by a 2 4 licensed health care professional at such authorized user's 2 5 site as long as the use is within the scope of practice of 2 6 such health care professional. 2 7 Sec. 4. Section 8D.13, Code Supplement 1997, is amended by 2 8 adding the following new subsection: 2 9 NEW SUBSECTION. 20. Unless otherwise provided by rule of 2 10 the commission adopted pursuant to chapter 17A, the commission 2 11 shall not permit remote dial-up access to the network or 2 12 remote dial-up internet access through the network. Rules, if 2 13 adopted, shall not permit unlimited remote dial-up access to 2 14 the network or remote dial-up internet access through the 2 15 network and shall establish a maximum number of access hours 2 16 per week for a member of an authorized user group granted such 2 17 access. 2 18 Sec. 5. NEW SECTION. 8D.13A UTILITIES BOARD TO RESOLVE 2 19 DISPUTES. 2 20 A dispute which arises between the commission and any local 2 21 exchange carrier regarding the network, and which the 2 22 commission and such carrier are unable to resolve, shall be 2 23 submitted to the utilities board which shall resolve the 2 24 dispute. The resolution of the board shall be final agency 2 25 action. 2 26 The utilities board shall establish a procedure for 2 27 receiving and resolving such disputes. The board shall have 2 28 the authority to recover the costs associated with 2 29 implementing this section from the parties to the dispute. 2 30 Sec. 6. 2 31 1. Notwithstanding the provisions of this Act, an 2 32 authorized user providing remote dial-up internet access with 2 33 the approval of the commission on April 1, 1998, which would 2 34 be prohibited by this Act, shall be permitted by the 2 35 commission to continue to provide such access until no later 3 1 than January 1, 1999. An authorized user providing remote 3 2 dial-up internet access pursuant to this section shall 3 3 discontinue providing such service on or before January 1, 3 4 1999. 3 5 2. Notwithstanding subsection 1, an authorized user 3 6 providing remote dial-up internet access with the approval of 3 7 the commission on April 1, 1998, which would be prohibited by 3 8 this Act, and which would be required to discontinue providing 3 9 such service on or before January 1, 1999, may continue to 3 10 provide such access after January 1, 1999, if nontoll internet 3 11 service is not available in the local exchange area in which 3 12 the authorized user is located. The authorized user shall 3 13 discontinue providing remote dial-up internet access within 3 14 sixty days of the availability of nontoll internet service in 3 15 the local exchange area. 3 16 3. A nonprofit institution of higher education or an 3 17 institution under the control of the board of regents may 3 18 petition the commission for an extension of the authorization 3 19 to utilize remote dial-up access for Iowa communications 3 20 network services. The commission shall provide a copy of the 3 21 petition to the telecommunications advisory committee. The 3 22 committee may advise the commission regarding 3 23 telecommunications matters related to the petition. The 3 24 commission may grant the petition if the commission determines 3 25 that technology is not available to prohibit such dial-up 3 26 access. The commission and the institution petitioning for 3 27 continued authorization under this subsection shall devise a 3 28 plan to assist the institution in obtaining alternate access 3 29 services in lieu of the remote dial-up access to the Iowa 3 30 communications network. 3 31 Sec. 7. EFFECTIVE DATE. This Act, being deemed of 3 32 immediate importance, is effective upon enactment. 3 33 EXPLANATION 3 34 This bill relates to the Iowa communications network and 3 35 provides for the use of the network by health care 4 1 professionals, hospitals, and clinics, and prohibits certain 4 2 remote dial-up access. 4 3 Code section 8D.2 is amended to add definitions for the 4 4 terms "licensed health care professional" and "telehealth". 4 5 Code section 8D.6 is amended to provide that the Iowa 4 6 telecommunications and technology commission is to establish 4 7 an advisory group to examine the use of the network for 4 8 telehealth applications. Currently, that section provides 4 9 that the advisory group is to examine such use for 4 10 telemedicine applications. The section is also amended to 4 11 provide that members are to be appointed representing licensed 4 12 health care professionals, in addition to current members who 4 13 are to be appointed representing hospitals and other health 4 14 care facilities. 4 15 Code section 8D.13 is amended to provide that full-motion, 4 16 interactive video services offered through the network to a 4 17 hospital or physician clinic may be used by a licensed health 4 18 care professional at the authorized user's site as long as the 4 19 use is within the scope of practice of the health care 4 20 professional. 4 21 Code section 8D.13 is amended also to prohibit remote dial- 4 22 up access to the network or to the internet through the 4 23 network unless specifically provided by rule of the commission 4 24 adopted pursuant to Code chapter 17A. If adopted, commission 4 25 rules must limit such access to a maximum number of hours per 4 26 week. 4 27 New Code section 8D.13A is created and provides that a 4 28 dispute which arises between the commission and any local 4 29 exchange carrier regarding the network, and which the parties 4 30 are unable to resolve, is to be submitted to the utilities 4 31 board for resolution. Such resolution is considered final 4 32 agency action. 4 33 The bill provides that an authorized user providing remote 4 34 dial-up internet access with the approval of the commission on 4 35 April 1, 1998, which would otherwise be prohibited by this 5 1 bill, is permitted until January 1, 1999. Certain exceptions 5 2 are provided to this date for authorized users in an area 5 3 where nontoll internet service is not available in the local 5 4 exchange area, and for nonprofit institutions of higher 5 5 education and regents institutions which petition to extend 5 6 the deadline and are granted the extension by the commission. 5 7 The bill takes effect upon enactment. 5 8 LSB 4176SV 77 5 9 mj/cf/24
Text: SF02394 Text: SF02396 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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