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