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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 135.105A, Code 1997, is amended to read as 2 17 follows: 2 18 135.105A LEAD INSPECTOR AND LEAD ABATER TRAINING AND 2 19 CERTIFICATION ESTABLISHED – CIVIL PENALTY. 2 20 1. The department shall establish a program for the 2 21 training and certification of lead inspectors and lead abaters 2 22who provide inspections and abatement for monetary2 23compensation. The department shall maintain a listing, 2 24 available to the public and to city and county health 2 25 departments, of lead inspectors and lead abaters who have 2 26 successfully completed the training program and have been 2 27 certified by the department. A person may be certified as 2 28 both a lead inspector and a lead abater. However, a person 2 29 who is certified as both a lead inspector and a lead abater 2 30 shall not provide both inspection and abatement services at 2 31 the same site unless a written consent or waiver, following 2 32 full disclosure by the person, is obtained from the owner or 2 33 manager of the site. 2 34 2. The department shall also establish a program for the 2 35 training of painting, demolition, and remodeling contractors 3 1 and those who provide mitigation control servicesfor monetary3 2compensation. The training shall be completed on a voluntary 3 3 basis. 3 4 3. A person who ownsor managesreal property which 3 5 includes a residential dwelling and who performs lead 3 6 inspection or lead abatement of the residential dwelling is 3 7 not required to obtain certification to performmitigation3 8control or abatementthese measuresof property which the3 9person owns or manages, unless the residential dwelling is 3 10 occupied by a person other than the owner or a member of the 3 11 owner's immediate family while the measures are being 3 12 performed. However, the department shall encourage property 3 13 owners and managers who are not required to be certified to 3 14 complete the training course to ensure the use of appropriate 3 15 and safe mitigation and abatement procedures. 3 16 4. A person shall not perform lead abatement or lead 3 17 inspectionsfor compensationunless the person has completed a 3 18 training program approved by the department and has obtained 3 19 certification. A person who violates this section is subject 3 20 to a civil penalty not to exceed five thousand dollars for 3 21 each offense. 3 22 Sec. 5. NEW SECTION. 135.105C RENOVATION, REMODELING AND 3 23 REPAINTING – LEAD HAZARD NOTIFICATION PROCESS ESTABLISHED. 3 24 1. A person who performs renovation, remodeling, or 3 25 repainting services of targeted housing for compensation shall 3 26 provide an approved lead hazard information pamphlet to the 3 27 owner and occupant of the housing prior to commencing the 3 28 services. 3 29 2. For the purpose of this section, "targeted housing" 3 30 means housing constructed prior to 1978 with the exception of 3 31 housing for the elderly or for persons with disabilities, 3 32 unless at least one child, six years of age or less, resides 3 33 or is expected to reside in the housing, and housing which 3 34 does not contain a bedroom. The department shall adopt rules 3 35 to implement the renovation, remodeling, and repainting lead 4 1 hazard notification process. 4 2 Sec. 6. Section 144.1, subsections 5, 9, and 10, Code 4 3 1997, are amended to read as follows: 4 4 5. "Fetal death" means death prior to the complete 4 5 expulsion or extraction from its mother of a product of human 4 6 conception, irrespective of the duration of pregnancy. Death 4 7 is indicated by the fact that after expulsion or extraction 4 8 the fetus does not breathe or show any other evidence of life 4 9 such as beating of the heart, pulsation of the umbilical cord, 4 10 or definite movement of voluntary muscles. In determining a 4 11 fetal death, heartbeats shall be distinguished from transient 4 12 cardiac contractions, and respirations shall be distinguished 4 13 from fleeting respiratory efforts or gasps. 4 14 9. "Live birth" means the complete expulsion or extraction 4 15 from its mother of a product of human conception, irrespective 4 16 of the duration of pregnancy, which, after such expulsion or 4 17 extraction, breathes or shows any other evidence of life such 4 18 as beating of the heart, pulsation of the umbilical cord, or 4 19 definite movement of voluntary muscles, whether or not the 4 20 umbilical cord has been cut or the placenta is attached. In 4 21 determining a live birth, heartbeats shall be distinguished 4 22 from transient cardiac contractions, and respirations shall be 4 23 distinguished from fleeting respiratory efforts or gasps. 4 24 10. "Registration" means theacceptance by the division4 25and the incorporation in its official records of certificates,4 26reports, or other records, provided for in this chapter, of4 27births, deaths, fetal deaths, adoptions, marriages, divorces,4 28or annulmentsprocess by which vital statistic records are 4 29 completed, filed, and incorporated by the division in the 4 30 division's official records. 4 31 Sec. 7. Section 144.5, subsection 4, Code 1997, is amended 4 32 to read as follows: 4 33 4. Prescribe, print, and distribute the forms required by 4 34 this chapter and prescribe any other means for transmission of 4 35 data, as necessary to accomplish complete, accurate reporting. 5 1 Sec. 8. Section 144.12, Code 1997, is amended to read as 5 2 follows: 5 3 144.12 FORMS UNIFORM. 5 4 In order to promote and maintain uniformity in the system 5 5 of vital statistics, the forms of certificates, reports, and 5 6 other returns shall include as a minimum the items recommended 5 7 by the federal agency responsible for national vital 5 8 statistics, subject to approval and modification by the 5 9 department. Forms shall be furnished by the department. The 5 10 forms or other recording methods usedby county registrarsto 5 11record copies ofregister recordsmaderequired under this 5 12 chapter shall be prescribed by the department. 5 13 Sec. 9. Section 144.13, subsection 1, paragraphs a, b, and 5 14 c, Code 1997, are amended to read as follows: 5 15 a. A certificate of birth for each live birth which occurs 5 16 in this state shall be filedwith the countyas directed by 5 17 the state registrarof the county in which the birth occurs5 18 withintenseven days after the birth and shall be registered 5 19 by the county registrar if it has been completed and filed in 5 20 accordance with this chapter.However, when a birth occurs in5 21a moving conveyance, a birth certificate shall be filed in the5 22county in which the child was first removed from the5 23conveyance.5 24 b. When a birth occurs in an institution or en route to an 5 25 institution, the person in charge of the institution or the 5 26 person's designated representative, shall obtain the personal 5 27 data, prepare the certificate,secure the signatures required5 28by the certificate,and file the certificatewith the county5 29 as directed by the state registrar. The physician in 5 30 attendance or the person in charge of the institution or the 5 31 person's designee shall certify to the facts of birth either 5 32 by signature or as otherwise authorized by rule and provide 5 33 the medical information required by the certificate withinsix5 34 seven days after the birth. 5 35 c. When a birth occurs outside an institution and not en 6 1 route to an institution, the certificate shall be prepared and 6 2 filed by one of the following in the indicated order of 6 3 priority: 6 4 (1) The physician in attendance at or immediately after 6 5 the birth. 6 6 (2) Any other person in attendance at or immediately after 6 7 the birth. 6 8 (3) The father or the mother. 6 9 (4) The person in charge of the premises where the birth 6 10 occurred. The state registrar shall establish by rule, the 6 11 evidence required to establish the facts of birth. 6 12 Sec. 10. Section 144.13, subsection 2, Code 1997, is 6 13 amended to read as follows: 6 14 2. If the mother was marriedeitherat the time of 6 15 conceptionor, birth, or at anytime during the period between 6 16 conception and birth, the name of the husband shall be entered 6 17 on the certificate as the father of the child unless paternity 6 18 has been determined otherwise by a court of competent 6 19 jurisdiction, in which case the name of the father as 6 20 determined by the court shall be entered by the department. 6 21 Sec. 11. Section 144.13, subsection 3, Code 1997, is 6 22 amended to read as follows: 6 23 3. If the mother was not marriedeitherat the time of 6 24 conceptionor, birth, or at any time during the period between 6 25 conception and birth, the name of the father shall not be 6 26 entered on the certificate of birth without the written 6 27 consent of the mother and the person to be named as the 6 28 father, unless a determination of paternity has been made 6 29 pursuant to section 252A.3, in which case the name of the 6 30 father as established shall be entered by the department. If 6 31 the father is not named on the certificate of birth, no other 6 32 information shall be entered on the certificate. 6 33 Sec. 12. Section 144.15, unnumbered paragraph 1, Code 6 34 1997, is amended to read as follows: 6 35 When the birth of a person born in this state has not been 7 1 registered, a certificate may be filed in accordance with 7 2 regulations. The certificate shall be registered subject to 7 3 evidentiary requirements prescribed to substantiate the 7 4 alleged facts of birth. Certificates of birth registered one 7 5 year or more after the date of occurrence shall be marked 7 6 "delayed" and shall show on their face the date of the delayed 7 7 registration. A summary statement of the evidence submitted 7 8 in support of the delayed registration shall be endorsed on 7 9 the certificate. A delayed certificate of birth shall not be 7 10 registered for a deceased person. 7 11 Sec. 13. Section 144.26, Code 1997, is amended to read as 7 12 follows: 7 13 144.26 DEATH CERTIFICATE. 7 14 A death certificate for each death which occurs in this 7 15 state shall be filedwith the countyas directed by the state 7 16 registrarof the county in which the death occurs,within 7 17 three days after the death and prior to final disposition, and 7 18 shall be registered by the county registrar if it has been 7 19 completed and filed in accordance with this chapter. All 7 20 information including the certifying physician's name shall be 7 21 typewritten. 7 22If the place of death is unknown, a death certificate shall7 23be filed in the county in which a dead body is found within7 24three days after the body is found.The county in which a 7 25 dead body is found is the county of death. If death occurs in 7 26 a moving conveyance,a death certificate shall be filed inthe 7 27 county in which the dead body is first removed from the 7 28 conveyance is the county of death. 7 29If a person dies outside of the county of the person's7 30residence, the state registrar shall send a copy of the death7 31certificate to the county registrar of the county of the7 32decedent's residence. The county registrar shall record the7 33death certificate in the same records in which death7 34certificates of persons who died within the county are7 35recorded.8 1 Sec. 14. Section 144.27, Code 1997, is amended to read as 8 2 follows: 8 3 144.27 FUNERAL DIRECTOR'S DUTY. 8 4 The funeral director who first assumes custody of a dead 8 5 body shall file the death certificate, obtain the personal 8 6 data from the next of kin or the best qualified person or 8 7 source available and obtain the medical certification of cause 8 8 of death from the person responsible forissuing and signing8 9 completing the certification. When a person other than a 8 10 funeral director assumes custody of a dead body, the person 8 11 shall be responsible for carrying out the provisions of this 8 12 section. 8 13 Sec. 15. Section 144.28, Code 1997, is amended to read as 8 14 follows: 8 15 144.28 MEDICAL CERTIFICATE. 8 16 1. The medical certification shall be completed and signed 8 17 within twenty-four hours after death by the physician in 8 18 charge of the patient's care for the illness or condition 8 19 which resulted in death except when inquiry is required by the 8 20 county medical examiner. When inquiry is required by the 8 21 county medical examiner, the medical examiner shall 8 22 investigate the cause of death and shall complete and sign the 8 23 medical certification within twenty-four hours after taking 8 24 charge of the case. 8 25 2. The person completing the medical certification of 8 26 cause of death shall attest to its accuracy either by 8 27 signature or by an electronic process approved by rule. 8 28 Sec. 16. Section 144.29, Code 1997, is amended to read as 8 29 follows: 8 30 144.29 FETAL DEATHS. 8 31 A fetal death certificate for each fetal death which occurs 8 32 in this state after a gestation period of twenty completed 8 33 weeks or greater, or for a fetus with a weight of three 8 34 hundred fifty grams or more shall be filedwith the countyas 8 35 directed by the state registrarof the county in which the9 1delivery of the dead fetus occurs,within three days after 9 2 delivery and prior to final disposition of the fetus. The 9 3 certificate shall be registered if it has been completed and 9 4 filed in accordance with this chapter. 9 5If the place of delivery of a dead fetus is unknown, a9 6fetal death certificate shall be filed in theThe county in 9 7 which a dead fetus is found,is the county of death. The 9 8 certificate shall be filed within three days after the fetus 9 9 is found. If a fetal death occurs in a moving conveyance,a9 10fetal death certificate shall be filed inthe county in which 9 11 the fetus is first removed from the conveyance is the county 9 12 of death. 9 13 Sec. 17. Section 144.30, Code 1997, is amended to read as 9 14 follows: 9 15 144.30 FUNERAL DIRECTOR'S DUTY – FETAL DEATH CERTIFICATE. 9 16 The funeral director who first assumes custody of a fetus 9 17 shall file the fetal death certificate. In the absence of 9 18 such a person, the physician or other person in attendance at 9 19 or after the delivery shall file the certificate of fetal 9 20 death. The person filing the certificate shall obtain the 9 21 personal data from the next of kin or the best qualified 9 22 person or source available and shall obtain the medical 9 23 certification of cause of death from the person responsible 9 24 forissuing and signingcompleting the certification. When a 9 25 person other than a funeral director assumes custody of a 9 26 fetus, the person shall be responsible for carrying out the 9 27 provisions of this section. 9 28 Sec. 18. Section 144.31, Code 1997, is amended to read as 9 29 follows: 9 30 144.31 MEDICAL CERTIFICATE – FETAL DEATH. 9 31 The medical certification shall be completedand signed9 32 within twenty-four hours after delivery by the physician in 9 33 attendance at or after delivery except when inquiry is 9 34 required by the county medical examiner. 9 35 When a fetal death occurs without medical attendance upon 10 1 the mother at or after delivery or when inquiry is required by 10 2 the county medical examiner, the medical examiner shall 10 3 investigate the cause of fetal death and shall completeand10 4signthe medical certification within twenty-four hours after 10 5 taking charge of the case. The person completing the medical 10 6 certification of cause of fetal death shall attest to its 10 7 accuracy either by signature or as authorized by rule. 10 8 Sec. 19. Section 144.43, Code 1997, is amended by adding 10 9 the following new unnumbered paragraph: 10 10 NEW UNNUMBERED PARAGRAPH. A public record shall not be 10 11 withheld from the public because it is combined with data 10 12 processing software. The state registrar shall not implement 10 13 any electronic data processing system for the storage, 10 14 manipulation, or retrieval of vital records that would impair 10 15 a county registrar's ability to permit the examination of a 10 16 public record and the copying of a public record, as 10 17 established by rule. If it is necessary to separate a public 10 18 record from data processing software in order to permit the 10 19 examination of the public record, the county registrar shall 10 20 periodically generate a written log available for public 10 21 inspection which contains the public record. 10 22 Sec. 20. NEW SECTION. 152.12 EXAMINATION INFORMATION. 10 23 Notwithstanding subsection 147.21, subsection 3, individual 10 24 pass or fail examination results made available from the 10 25 authorized national testing agency may be disclosed to the 10 26 appropriate licensing authority in another state, the District 10 27 of Columbia, or a territory or county, and the board-approved 10 28 education program, for purposes of verifying accuracy of 10 29 national data and determining program approval. 10 30 Sec. 21. Section 153.36, Code 1997, is amended to read as 10 31 follows: 10 32 153.36 STATUTES NOT APPLICABLE TO DENTISTRY. 10 33 1. Sections 147.44 to 147.71, except 147.57 and sections 10 34 147.87 to 147.92, shall not apply to the practice of 10 35 dentistry. 11 1 2. In addition to the provisions of section 272C.2, 11 2 subsection 4, a person licensed by the board of dental 11 3 examiners shall also be deemed to have complied with 11 4 continuing education requirements of this state if, during 11 5 periods that the person practiced the profession in another 11 6 state or district, the person met all of the continuing 11 7 education and other requirements of that state or district for 11 8 the practice of the occupation or profession. 11 9 3. Notwithstanding the panel composition provisions in 11 10 section 272C.6, subsection 1, the board of dental examiners' 11 11 disciplinary hearing panels shall be comprised of three board 11 12 members, at least two of which are licensed in the profession. 11 13 Sec. 22. CONTINGENT EFFECTIVE DATE. Section 5 of this Act 11 14 relating to the renovation, remodeling, and repainting lead 11 15 hazard notification process takes effect only upon receipt by 11 16 the Iowa department of public health of authorization from the 11 17 United States environmental protection agency for state 11 18 implementation of the lead inspection and abatement 11 19 certification program. 11 20 Sec. 23. Section 135.15, Code 1997, is repealed. 11 21 EXPLANATION 11 22 This bill makes numerous changes to programs within and 11 23 administered by the Iowa department of public health. 11 24 Code section 22.7 is amended to enable the exchange of 11 25 child immunization information among public health agencies 11 26 and health care providers. 11 27 Code section 135.43 is amended to specifically set out the 11 28 authority of the child death review team to obtain 11 29 confidential records and to maintain confidentiality during 11 30 death reviews. The Iowa department of public health is 11 31 directed to adopt rules extending immunity to members of the 11 32 death review team in the execution of their duties in their 11 33 official capacity. 11 34 Code section 135.105A relating to the lead inspector and 11 35 abater certification program is amended as necessary to be 12 1 deemed an authorized state program by the federal 12 2 environmental protection agency (EPA). 12 3 New Code section 135.105C is created to establish a lead 12 4 hazard notification process for professional renovation, 12 5 remodeling, and repainting projects in targeted housing. The 12 6 establishment of such a notification process is an additional 12 7 federal EPA requirement for authorization of a state program. 12 8 A contingent effective date is provided for this section, 12 9 based on federal approval of the state program. 12 10 Code section 144.1 is amended to redefine "fetal death" and 12 11 "live birth" to distinguish between an actual fetal death or 12 12 live birth and various anomalies, and to redefine 12 13 "registration" for the purposes of the vital statistics 12 14 chapter. 12 15 Code sections 144.5, 144.12, 144.13, 144.15, 144.26, 12 16 144.27, 144.28, 144.29, 144.30, 144.31, and 144.43 are amended 12 17 to provide for the modernization of vital records procedures 12 18 and to facilitate the transition of county registrar duties 12 19 from the clerks of the district court to the county recorders. 12 20 The bill provides for changes in the birth and death 12 21 registration processes and disallows issuance of delayed birth 12 22 certificates for a deceased person. The bill also provides 12 23 that a public record is not to be withheld from public access 12 24 due to being combined with data processing software. 12 25 Code section 152.12 is created to authorize the board of 12 26 nursing examiners to disclose pass or fail examination results 12 27 to other state licensing authorities and to board-approved 12 28 education programs in order to facilitate requests for 12 29 licensure and to verify accuracy and determine approval. 12 30 Code section 153.36 is amended to provide for exceptions to 12 31 provisions in chapter 272C, regarding continuing education and 12 32 regulation, for the board of dental examiners. The exceptions 12 33 include allowing citizen board member participation in 12 34 disciplinary hearing panels and providing licensees practicing 12 35 out-of-state the ability to meet state continuing education 13 1 requirements by meeting the requirements of the state in which 13 2 they practice. 13 3 Code section 135.15 is repealed, thereby abolishing the 13 4 plumbing code fund which requires that cities which license 13 5 plumbers pay the treasurer of state $1 for each license 13 6 issued, and 25 cents for each renewal issued to be used to pay 13 7 the state printing costs for rules governing the installation 13 8 of plumbing and plumbers' license and application forms. 13 9 LSB 2204SC 77 13 10 pf/sc/14
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