Text: SF00238 Text: SF00240 Text: SF00200 - SF00299 Text: SF 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 1332SS 78 4 16 jj/sc/14
Text: SF00238 Text: SF00240 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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