Text: HF00439                           Text: HF00441
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House File 440

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  144A.3A  RECORDING OF
  1  2 DECLARATIONS.
  1  3    1.  A declaration executed or otherwise valid pursuant to
  1  4 section 144A.3 shall be filed with the Iowa department of
  1  5 public health and shall be maintained in a central registry.
  1  6 A fee shall be paid upon filing a declaration, to be deposited
  1  7 and utilized by the fund in section 144A.3C.
  1  8    2.  Requests for copies of individual declarations by
  1  9 medical care facilities and services, and by health care, law
  1 10 enforcement, and emergency services professionals, shall be
  1 11 made with information sufficient to demonstrate authorized
  1 12 access, as the department may provide.
  1 13    3.  A request may be made on the basis of one or more of
  1 14 the following identifiers related to the author of the
  1 15 declaration:
  1 16    a.  Name and address.
  1 17    b.  Social security number.
  1 18    c.  Driver's license number or nonoperator's identification
  1 19 number.
  1 20    4.  Information shall be provided immediately in response
  1 21 to a request from a person with authorized access to the
  1 22 registry.
  1 23    5.  Registry information shall not be redisseminated,
  1 24 except as necessary to implement the provisions of a
  1 25 declaration.
  1 26    6.  A declaration that is valid according to the provisions
  1 27 of section 144A.3 shall not be considered invalid solely
  1 28 because it is not filed in the central registry.
  1 29    7.  This section creates no express or implied rights of
  1 30 action.
  1 31    Sec. 2.  NEW SECTION.  144A.3B  CREATION AND MAINTENANCE OF
  1 32 A CENTRAL REGISTRY.
  1 33    1.  A central registry is created within the department of
  1 34 public health for retention of declarations relating to the
  1 35 use of life-sustaining procedures.  The department shall
  2  1 organize and staff the registry, and adopt rules for its
  2  2 operation, including the provision of forms or information
  2  3 throughout the state related to the filing of declarations.
  2  4    2.  The department of public health shall collect,
  2  5 maintain, and disseminate copies of declarations, according to
  2  6 the provisions of this section, sections 144A.3A and 144A.3C,
  2  7 and related rules.  A record of all information requests and
  2  8 dissemination of declarations shall be maintained by the
  2  9 registry, including the name of requestor, and the date and
  2 10 purpose of dissemination.
  2 11    3.  The department of public health shall maintain one or
  2 12 more methods for medical care facilities and services, and for
  2 13 health care professionals to access copies of individual
  2 14 declarations that shall make such copies available to such
  2 15 persons on a twenty-four hour per day, seven day per week
  2 16 basis, and which the department and all persons authorized by
  2 17 this chapter may use for obtaining such copies.  Such method
  2 18 may include but shall not be limited to use of toll-free
  2 19 telephone lines, facsimile transmissions, and the internet.
  2 20    4.  The state department of transportation, in consultation
  2 21 with the department of public health, subject to the
  2 22 limitations of section 321.11, and within the context of any
  2 23 existing federal privacy and confidentiality requirements,
  2 24 shall develop methods and procedures related to providing
  2 25 driver's license and nonoperator identification numbers for
  2 26 registry purposes, and indicating on a driver's license or
  2 27 nonoperator's identification that a person has filed a
  2 28 declaration with the central registry.
  2 29    Sec. 3.  NEW SECTION.  144A.3C  DECLARATION REGISTRY FUND.
  2 30    A fund is established for declarations relating to the use
  2 31 of life-sustaining procedures, as a separate fund within the
  2 32 state treasury, under the control of the department of public
  2 33 health.  The fund shall consist of fees received upon the
  2 34 filing of such declarations, which shall be considered
  2 35 repayment receipts as defined in section 8.2, and other funds
  3  1 allocated for the purposes of establishing and maintaining the
  3  2 declaration registry.  Notwithstanding section 8.33,
  3  3 unencumbered or unobligated moneys and any interest remaining
  3  4 in the fund on June 30 of any fiscal year shall not revert to
  3  5 the general fund of the state, but shall remain available for
  3  6 expenditure in subsequent fiscal years.
  3  7    Sec. 4.  Section 144A.4, Code 1999, is amended by adding
  3  8 the following new subsection:
  3  9    NEW SUBSECTION.  3.  The attending physician shall
  3 10 communicate such revocation to the registry in section
  3 11 144A.3B.  
  3 12                           EXPLANATION
  3 13    This bill establishes a central registry for the filing of
  3 14 declarations relating to the use of life-sustaining
  3 15 procedures, commonly known as living wills.
  3 16    The bill establishes three new Code sections.  Code section
  3 17 144A.3B provides that the Iowa department of public health
  3 18 shall maintain and staff the central registry for such
  3 19 declarations, and shall create and maintain a method of
  3 20 accessing the declarations that makes the content of such
  3 21 declarations available 24 hours per day, seven days per week.
  3 22 The department is authorized to adopt rules related to the
  3 23 operation of the registry.  The state department of
  3 24 transportation is to cooperate with the department of public
  3 25 health, subject to privacy limitations related to driver's
  3 26 license information, regarding use of driver's license numbers
  3 27 as identifiers, and the use of driver's licenses to reflect
  3 28 that a person has filed a declaration with the registry.
  3 29    Code section 144A.3A provides details related to filing
  3 30 declarations with the department of public health, including
  3 31 the payment of a filing fee.  A declaration that is not filed
  3 32 with the central registry remains valid and enforceable,
  3 33 however.  Only health care providers and services, and health
  3 34 care, law enforcement, and emergency services professionals
  3 35 may access the declarations from the registry, upon proof of
  4  1 entitlement to such access, as may be established by the
  4  2 department.  A person who is authorized to access the registry
  4  3 must also provide one or more listed identifiers related to
  4  4 the author of the declaration.  The department must respond as
  4  5 soon as possible to a request for a copy of a declaration.
  4  6 Registry information may not be redisseminated, except to
  4  7 effectuate the purposes of the declaration.  However, no
  4  8 express or implied rights of action are created by the
  4  9 section.
  4 10    Code section 144A.3C establishes a separate fund for the
  4 11 establishment and maintenance of the registry, which includes
  4 12 filing fees and other funds allocated for the registry.
  4 13 Moneys in the fund do not revert to the general fund of the
  4 14 state.  
  4 15 LSB 1332YH 78
  4 16 jj/sc/14
     

Text: HF00439                           Text: HF00441
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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