Text: SF02313                           Text: SF02315
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 2314

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2314     
  1  2                                    
  1  3                             AN ACT
  1  4 RELATING TO COMMUNICABLE AND INFECTIOUS DISEASES AND PROVIDING 
  1  5    PENALTIES.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  NEW SECTION.  139A.1  TITLE.
  1 10    This chapter shall be known as the "Communicable and
  1 11 Infectious Disease Reporting and Control Act".
  1 12    Sec. 2.  NEW SECTION.  139A.2  DEFINITIONS.
  1 13    For purposes of this chapter, unless the context otherwise
  1 14 requires:
  1 15    1.  "Business" means and includes every trade, occupation,
  1 16 or profession.
  1 17    2.  "Communicable disease" means any disease spread from
  1 18 person to person or animal to person.
  1 19    3.  "Contagious or infectious disease" means hepatitis in
  1 20 any form, meningococcal disease, tuberculosis, and any other
  1 21 disease, with the exception of AIDS or HIV infection as
  1 22 defined in section 141A.1, determined to be life-threatening
  1 23 to a person exposed to the disease as established by rules
  1 24 adopted by the department, based upon a determination by the
  1 25 state epidemiologist and in accordance with guidelines of the
  1 26 centers for disease control and prevention of the United
  1 27 States department of health and human services.
  1 28    4.  "Department" means the Iowa department of public
  1 29 health.
  1 30    5.  "Designated officer" means a person who is designated
  1 31 by a department, agency, division, or service organization to
  1 32 act as an infection control liaison officer.
  1 33    6.  "Emergency care provider" means a person who is trained
  1 34 and authorized by federal or state law to provide emergency
  1 35 medical assistance or treatment, for compensation or in a
  2  1 voluntary capacity, including but not limited to all of the
  2  2 following:
  2  3    a.  An emergency medical care provider as defined in
  2  4 section 147A.1.
  2  5    b.  A health care provider.
  2  6    c.  A fire fighter.
  2  7    d.  A peace officer.
  2  8    "Emergency care provider" also includes a person who
  2  9 renders direct emergency aid without compensation.
  2 10    7.  "Exposure" means the risk of contracting disease.
  2 11    8.  "Exposure-prone procedure" means a procedure performed
  2 12 by a health care provider which presents a recognized risk of
  2 13 percutaneous injury to the health care provider and if such an
  2 14 injury occurs, the health care provider's blood is likely to
  2 15 contact a patient's body cavity, subcutaneous tissues, or
  2 16 mucous membranes, or exposure-prone procedure as defined by
  2 17 the centers for disease control and prevention of the United
  2 18 States department of health and human services.
  2 19    9.  "HBV" means hepatitis B virus.
  2 20    10.  "Health care facility" means a health care facility as
  2 21 defined in section 135C.1, an ambulatory surgical center, or a
  2 22 clinic.
  2 23    11.  "Health care provider" means a person licensed to
  2 24 practice medicine and surgery, osteopathic medicine and
  2 25 surgery, osteopathy, chiropractic, podiatry, nursing,
  2 26 dentistry, optometry, or as a physician assistant, dental
  2 27 hygienist, or acupuncturist.
  2 28    12.  "HIV" means HIV as defined in section 141A.1.
  2 29    13.  "Hospital" means hospital as defined in section
  2 30 135B.1.
  2 31    14.  "Isolation" means the separation of persons or animals
  2 32 presumably or actually affected with a communicable disease or
  2 33 who are disease carriers for the usual period of
  2 34 communicability of that disease in such places, marked by
  2 35 placards if necessary, and under such conditions as will
  3  1 prevent the direct or indirect conveyance of the infectious
  3  2 agent or contagion to susceptible persons.
  3  3    15.  "Local board" means the local board of health.
  3  4    16.  "Local department" means the local health department.
  3  5    17.  "Placard" means a warning sign to be erected and
  3  6 displayed on the periphery of a quarantine area, forbidding
  3  7 entry to or exit from the area.
  3  8    18.  "Quarantinable disease" means any communicable disease
  3  9 designated by rule adopted by the department as requiring
  3 10 quarantine or isolation to prevent its spread.
  3 11    19.  "Quarantine" means the limitation of freedom of
  3 12 movement of persons or animals that have been exposed to a
  3 13 communicable disease within specified limits marked by
  3 14 placards for a period of time equal to the longest usual
  3 15 incubation period of the disease in such manner as to prevent
  3 16 the spread of a communicable disease which affects people.
  3 17    20.  "Reportable disease" means any disease designated by
  3 18 rule adopted by the department requiring its occurrence to be
  3 19 reported to an appropriate authority.
  3 20    21.  "Sexually transmitted disease or infection" means a
  3 21 disease or infection as identified by rules adopted by the
  3 22 department, based upon a determination by the state
  3 23 epidemiologist and in accordance with guidelines of the
  3 24 centers for disease control and prevention of the United
  3 25 States department of health and human services.
  3 26    22.  "Terminal cleaning" means cleaning procedures defined
  3 27 in the isolation guidelines issued by the centers for disease
  3 28 control and prevention of the United States department of
  3 29 health and human services.
  3 30    Sec. 3.  NEW SECTION.  139A.3  REPORT TO DEPARTMENT.
  3 31    1.  The health care provider or public, private, or
  3 32 hospital clinical laboratory attending a person infected with
  3 33 a reportable disease shall immediately report the case to the
  3 34 department.  However, when a case occurs within the
  3 35 jurisdiction of a local health department, the report shall be
  4  1 made to the local department and to the department.  A health
  4  2 care provider or public, private, or hospital clinical
  4  3 laboratory who files such a report which identifies a person
  4  4 infected with a reportable disease shall assist in the
  4  5 investigation by the department, a local board, or a local
  4  6 department.  The department shall publish and distribute
  4  7 instructions concerning the method of reporting.  Reports
  4  8 shall be made in accordance with rules adopted by the
  4  9 department and shall require inclusion of all the following
  4 10 information:
  4 11    a.  The patient's name.
  4 12    b.  The patient's address.
  4 13    c.  The patient's date of birth.
  4 14    d.  The sex of the patient.
  4 15    e.  The race and ethnicity of the patient.
  4 16    f.  The patient's marital status.
  4 17    g.  The patient's telephone number.
  4 18    h.  The name and address of the laboratory.
  4 19    i.  The date the test was found to be positive and the
  4 20 collection date.
  4 21    j.  The name of the health care provider who performed the
  4 22 test.
  4 23    k.  If the patient is female, whether the patient is
  4 24 pregnant.
  4 25    2.  a.  Any person who, acting reasonably and in good
  4 26 faith, files a report under this section is immune from any
  4 27 liability, civil or criminal, which might otherwise be
  4 28 incurred or imposed for making a report.
  4 29    b.  A report to the department, to a local board, or to a
  4 30 local department, which identifies a person infected with a
  4 31 reportable disease, is confidential and shall not be
  4 32 accessible to the public.
  4 33    c.  Notwithstanding paragraph "b", information contained in
  4 34 the report may be reported in public health records in a
  4 35 manner which prevents the identification of any person or
  5  1 business named in the report.  If information contained in the
  5  2 report concerns a business, information disclosing the
  5  3 identity of the business may be released to the public when
  5  4 the state epidemiologist or the director of public health
  5  5 determines such a release of information necessary for the
  5  6 protection of the health of the public.
  5  7    Sec. 4.  NEW SECTION.  139A.4  TYPE AND LENGTH OF ISOLATION
  5  8 OR QUARANTINE.
  5  9    1.  The type and length of isolation or quarantine imposed
  5 10 for a specific communicable disease shall be in accordance
  5 11 with rules adopted by the department.
  5 12    2.  The department and the local boards may impose and
  5 13 enforce isolation and quarantine restrictions.
  5 14    3.  The department shall adopt rules governing terminal
  5 15 cleaning.
  5 16    Sec. 5.  NEW SECTION.  139A.5  ISOLATION OR QUARANTINE
  5 17 SIGNS ERECTED.
  5 18    When isolation or a quarantine is established, appropriate
  5 19 placards prescribed by the department shall be erected to mark
  5 20 the boundaries of the place of isolation or quarantine.
  5 21    Sec. 6.  NEW SECTION.  139A.6  COMMUNICABLE DISEASES.
  5 22    If a person, whether or not a resident, is infected with a
  5 23 communicable disease dangerous to the public health, the local
  5 24 board shall issue orders in regard to the care of the person
  5 25 as necessary to protect the public health.  The orders shall
  5 26 be executed by the designated officer as the local board
  5 27 directs or provides by rules.
  5 28    Sec. 7.  NEW SECTION.  139A.7  DISEASED PERSONS MOVING –
  5 29 RECORD FORWARDED.
  5 30    If a person known to be suffering from a communicable
  5 31 disease dangerous to the public health moves from the
  5 32 jurisdiction of a local board into the jurisdiction of another
  5 33 local board, the local board from whose jurisdiction the
  5 34 person moves shall notify the local board into whose
  5 35 jurisdiction the person is moving.
  6  1    Sec. 8.  NEW SECTION.  139A.8  IMMUNIZATION OF CHILDREN.
  6  2    1.  A parent or legal guardian shall assure that the
  6  3 person's minor children residing in the state are adequately
  6  4 immunized against diphtheria, pertussis, tetanus,
  6  5 poliomyelitis, rubeola, and rubella, according to
  6  6 recommendations provided by the department subject to the
  6  7 provisions of subsections 3 and 4.
  6  8    2.  a.  A person shall not be enrolled in any licensed
  6  9 child care center or elementary or secondary school in Iowa
  6 10 without evidence of adequate immunizations against diphtheria,
  6 11 pertussis, tetanus, poliomyelitis, rubeola, and rubella.
  6 12    b.  Evidence of adequate immunization against haemophilus
  6 13 influenza B shall be required prior to enrollment in any
  6 14 licensed child care center.
  6 15    c.  Evidence of hepatitis type B immunization shall be
  6 16 required of a child born on or after July 1, 1994, prior to
  6 17 enrollment in school in kindergarten or in a grade.
  6 18    d.  Immunizations shall be provided according to
  6 19 recommendations provided by the department subject to the
  6 20 provisions of subsections 3 and 4.
  6 21    3.  Subject to the provision of subsection 4, the state
  6 22 board of health may modify or delete any of the immunizations
  6 23 in subsection 2.
  6 24    4.  Immunization is not required for a person's enrollment
  6 25 in any elementary or secondary school or licensed child care
  6 26 center if either of the following applies:
  6 27    a.  The applicant, or if the applicant is a minor, the
  6 28 applicant's parent or legal guardian, submits to the admitting
  6 29 official a statement signed by a physician, who is licensed by
  6 30 the state board of medical examiners, that, in the physician's
  6 31 opinion, the immunizations required would be injurious to the
  6 32 health and well-being of the applicant or any member of the
  6 33 applicant's family.
  6 34    b.  The applicant, or if the applicant is a minor, the
  6 35 applicant's parent or legal guardian, submits an affidavit
  7  1 signed by the applicant, or if the applicant is a minor, the
  7  2 applicant's parent or legal guardian, stating that the
  7  3 immunization conflicts with the tenets and practices of a
  7  4 recognized religious denomination of which the applicant is an
  7  5 adherent or member.
  7  6    The exemptions under this subsection do not apply in times
  7  7 of emergency or epidemic as determined by the state board of
  7  8 health and as declared by the director of public health.
  7  9    5.  A person may be provisionally enrolled in an elementary
  7 10 or secondary school or licensed child care center if the
  7 11 person has begun the required immunizations and if the person
  7 12 continues to receive the necessary immunizations as rapidly as
  7 13 is medically feasible.  The department shall adopt rules
  7 14 relating to the provisional admission of persons to an
  7 15 elementary or secondary school or licensed child care center.
  7 16    6.  The local board shall furnish the department, within
  7 17 sixty days after the first official day of school, evidence
  7 18 that each person enrolled in any elementary or secondary
  7 19 school has been immunized as required in this section subject
  7 20 to subsection 4.  The department shall adopt rules pursuant to
  7 21 chapter 17A relating to the reporting of evidence of
  7 22 immunization.
  7 23    7.  Local boards shall provide the required immunizations
  7 24 to children in areas where no local provision of these
  7 25 services exists.
  7 26    8.  The department, in consultation with the director of
  7 27 the department of education, shall adopt rules for the
  7 28 implementation of this section and shall provide those rules
  7 29 to local school boards and local boards.
  7 30    Sec. 9.  NEW SECTION.  139A.9  FORCIBLE REMOVAL –
  7 31 ISOLATION – QUARANTINE.
  7 32    The forcible removal and isolation or quarantine of any
  7 33 infected person shall be accomplished according to the rules
  7 34 and regulations of the local board or the rules of the state
  7 35 board of health.
  8  1    Sec. 10.  NEW SECTION.  139A.10  FEES FOR REMOVING.
  8  2    The officers designated by the magistrate shall receive
  8  3 reasonable compensation for their services as determined by
  8  4 the local board.  The amount determined shall be certified and
  8  5 paid in the same manner as other expenses incurred under this
  8  6 chapter.
  8  7    Sec. 11.  NEW SECTION.  139A.11  MEDICAL ATTENDANCE AND
  8  8 SUPPLIES – ISOLATION – QUARANTINE.
  8  9    If the person under isolation or quarantine or the person
  8 10 liable for the support of the person, in the opinion of the
  8 11 local board, is financially unable to secure proper care,
  8 12 provisions, or medical attendance, the local board shall
  8 13 furnish supplies and services during the period of isolation
  8 14 or quarantine and may delegate the duty, by rules, to one of
  8 15 its designated officers.
  8 16    Sec. 12.  NEW SECTION.  139A.12  COUNTY LIABILITY FOR
  8 17 SUPPLIES.
  8 18    The local board shall provide proper care, provisions, and
  8 19 medical attendance for any person removed and isolated or
  8 20 quarantined in a separate house or hospital for detention and
  8 21 treatment, and the care, provisions, and medical attendance
  8 22 shall be paid for by the county in which the infected person
  8 23 has a legal settlement, if the patient or legal guardian is
  8 24 unable to pay.
  8 25    Sec. 13.  NEW SECTION.  139A.13  RIGHTS OF ISOLATED OR
  8 26 QUARANTINED PERSONS.
  8 27    Any person removed and isolated or quarantined in a
  8 28 separate house or hospital may, at the person's own expense,
  8 29 employ the health care provider of the person's choice, and
  8 30 may provide such supplies and commodities as the person may
  8 31 require.
  8 32    Sec. 14.  NEW SECTION.  139A.14  SERVICES OR SUPPLIES.
  8 33    All services or supplies furnished to persons under this
  8 34 chapter must be authorized by the local board or an officer of
  8 35 the local board, and a written order designating the person
  9  1 employed to furnish such services or supplies, issued before
  9  2 the services or supplies are furnished, shall be attached to
  9  3 the bill when presented for audit and payment.
  9  4    Sec. 15.  NEW SECTION.  139A.15  FILING OF BILLS.
  9  5    All bills incurred under this chapter in establishing,
  9  6 maintaining, and terminating isolation and quarantine, in
  9  7 providing a necessary house or hospital for isolation or
  9  8 quarantine, and in making terminal cleanings, shall be filed
  9  9 with the local board.  The local board at its next regular
  9 10 meeting or special meeting called for this purpose shall
  9 11 examine and audit the bills and, if found correct, approve and
  9 12 certify the bills to the county board of supervisors for
  9 13 payment.
  9 14    Sec. 16.  NEW SECTION.  139A.16  ALLOWING CLAIMS.
  9 15    All bills for supplies furnished and services rendered for
  9 16 persons removed and isolated or quarantined in a separate
  9 17 house or hospital, or for persons financially unable to
  9 18 provide their own sustenance and care during isolation or
  9 19 quarantine, shall be allowed and paid for only on a basis of
  9 20 the local market price for such provisions, services, and
  9 21 supplies in the locality furnished.  A bill for the terminal
  9 22 cleaning of premises or effects shall not be allowed, unless
  9 23 the infected person or those liable for the person's support
  9 24 are financially unable to pay.
  9 25    Sec. 17.  NEW SECTION.  139A.17  APPROVAL AND PAYMENT OF
  9 26 CLAIMS.
  9 27    The board of supervisors is not bound by the action of the
  9 28 local board in approving the bills, but shall pay the bills
  9 29 for a reasonable amount and within a reasonable time.
  9 30    Sec. 18.  NEW SECTION.  139A.18  REIMBURSEMENT FROM COUNTY.
  9 31    If any person receives services or supplies under this
  9 32 chapter who does not have a legal settlement in the county in
  9 33 which the bills were incurred and paid, the amount paid shall
  9 34 be certified to the board of supervisors of the county in
  9 35 which the person claims settlement or owns property, and the
 10  1 board of supervisors of that county shall reimburse the county
 10  2 from which the claim is certified, in the full amount
 10  3 originally paid.
 10  4    Sec. 19.  NEW SECTION.  139A.19  EMERGENCY CARE PROVIDER
 10  5 NOTIFICATION.
 10  6    1.  a.  A hospital licensed under chapter 135B shall have
 10  7 written policies and procedures for notification of an
 10  8 emergency care provider who renders assistance or treatment to
 10  9 an individual when in the course of admission, care, or
 10 10 treatment of the individual, the individual is diagnosed or is
 10 11 confirmed as having a contagious or infectious disease.
 10 12    b.  If an individual is diagnosed or confirmed as having a
 10 13 contagious or infectious disease, the hospital shall notify
 10 14 the designated officer of an emergency care provider service
 10 15 who shall notify persons involved in attending or transporting
 10 16 the individual.  For blood-borne contagious or infectious
 10 17 diseases, notification shall only take place upon filing of an
 10 18 exposure report form with the hospital.  The exposure report
 10 19 form may be incorporated into the Iowa prehospital care
 10 20 report, the Iowa prehospital advanced care report, or a
 10 21 similar report used by an ambulance, rescue, or first response
 10 22 service or law enforcement agency.
 10 23    c.  A person who renders direct emergency aid without
 10 24 compensation and is exposed to an individual who has a
 10 25 contagious or infectious disease shall also receive
 10 26 notification from the hospital upon the filing with the
 10 27 hospital of an exposure report form developed by the
 10 28 department.
 10 29    d.  The notification shall advise the emergency care
 10 30 provider of possible exposure to a particular contagious or
 10 31 infectious disease and recommend that the provider seek
 10 32 medical attention.  The notification shall be provided as soon
 10 33 as is reasonably possible following determination that the
 10 34 individual has a contagious or infectious disease.
 10 35    e.  This subsection does not require a hospital to
 11  1 administer a test for the express purpose of determining the
 11  2 presence of a contagious or infectious disease.  The
 11  3 notification shall not include the name of the individual with
 11  4 the contagious or infectious disease unless the individual
 11  5 consents.
 11  6    f.  The department shall adopt rules pursuant to chapter
 11  7 17A to administer this subsection.
 11  8    2.  A health care provider shall provide the notification
 11  9 required of hospitals in this section to emergency care
 11 10 providers if an individual who has a contagious or infectious
 11 11 disease is delivered by an emergency care provider to the
 11 12 office or clinic of a health care provider for treatment.  The
 11 13 notification shall not include the name of the individual who
 11 14 has the contagious or infectious disease unless the individual
 11 15 consents.
 11 16    3.  This section does not preclude a hospital from
 11 17 providing notification to an emergency care provider or health
 11 18 care provider under circumstances in which the hospital's
 11 19 policy provides for notification of the hospital's own
 11 20 employees of exposure to a contagious or infectious disease
 11 21 that is not life-threatening if the notice does not reveal a
 11 22 patient's name unless the patient consents.
 11 23    4.  A hospital, health care provider, or other person
 11 24 acting reasonably and in good faith in complying with
 11 25 provisions authorized or required under this section, is
 11 26 immune from any liability, civil or criminal, which may
 11 27 otherwise be incurred or imposed.
 11 28    5.  A hospital's or health care provider's duty of
 11 29 notification under this section is not continuing but is
 11 30 limited to a diagnosis of a contagious or infectious disease
 11 31 made in the course of admission, care, and treatment following
 11 32 the rendering of emergency assistance or treatment to which
 11 33 notification under this section applies.
 11 34    Sec. 20.  NEW SECTION.  139A.20  EXPOSING TO COMMUNICABLE
 11 35 DISEASE.
 12  1    A person who knowingly exposes another to a communicable
 12  2 disease or who knowingly subjects another to a child or other
 12  3 legally incapacitated person who has contracted a communicable
 12  4 disease, with the intent that another person contract the
 12  5 communicable disease, shall be liable for all resulting
 12  6 damages and shall be punished as provided in this chapter.
 12  7    Sec. 21.  NEW SECTION.  139A.21  REPORTABLE POISONINGS AND
 12  8 ILLNESSES – EMERGENCY INFORMATION SYSTEM.
 12  9    1.  If the results of an examination by a public, private,
 12 10 or hospital clinical laboratory of a specimen from a person in
 12 11 Iowa yield evidence of or are reactive for a reportable
 12 12 poisoning or a reportable illness from a toxic agent,
 12 13 including methemoglobinemia, the results shall be reported to
 12 14 the department on forms prescribed by the department.  If the
 12 15 laboratory is located in Iowa, the person in charge of the
 12 16 laboratory shall report the results.  If the laboratory is not
 12 17 in Iowa, the health care provider submitting the specimen
 12 18 shall report the results.
 12 19    2.  The health care provider attending a person infected
 12 20 with a reportable poisoning or a reportable illness from a
 12 21 toxic agent, including methemoglobinemia, shall immediately
 12 22 report the case to the department.  The department shall
 12 23 publish and distribute instructions concerning the method of
 12 24 reporting.  Reports shall be made in accordance with rules
 12 25 adopted by the department.
 12 26    3.  A person in charge of a poison control information
 12 27 center shall report to the department cases of reportable
 12 28 poisoning, including methemoglobinemia, about which inquiries
 12 29 have been received.
 12 30    4.  The department shall adopt rules designating reportable
 12 31 poisonings, including methemoglobinemia, and illnesses which
 12 32 must be reported under this section.
 12 33    5.  The department shall establish and maintain a central
 12 34 registry to collect and store data reported pursuant to this
 12 35 section.
 13  1    6.  The department shall timely provide copies of all
 13  2 reports of pesticide poisonings or illnesses received pursuant
 13  3 to this section to the secretary of agriculture who shall
 13  4 timely forward these reports and any reports of pesticide
 13  5 poisonings or illnesses received pursuant to section 206.14 to
 13  6 the registrant of a pesticide which is the subject of any
 13  7 reports.
 13  8    7.  The department shall adopt rules specifying the
 13  9 requirements for the operation of an emergency information
 13 10 system operated by a registrant pursuant to section 206.12,
 13 11 subsection 2, paragraph "c", which shall not exceed
 13 12 requirements adopted by a poison control center as defined in
 13 13 section 206.2.  The rules shall specify the qualifications of
 13 14 individuals staffing an emergency information system and shall
 13 15 specify the maximum amount of time that a registrant may take
 13 16 to provide the information to a poison control center or an
 13 17 attending physician treating a patient exposed to the
 13 18 registrant's product.
 13 19    Sec. 22.  NEW SECTION.  139A.22  PREVENTION OF TRANSMISSION
 13 20 OF HIV OR HBV TO PATIENTS.
 13 21    1.  A hospital shall adopt procedures requiring the
 13 22 establishment of protocols applicable on a case-by-case basis
 13 23 to a health care provider determined to be infected with HIV
 13 24 or HBV who ordinarily performs exposure-prone procedures as
 13 25 determined by an expert review panel, within the hospital
 13 26 setting.  The protocols established shall be in accordance
 13 27 with the recommendations issued by the centers for disease
 13 28 control and prevention of the United States department of
 13 29 health and human services.  The expert review panel may be an
 13 30 established committee of the hospital.  The procedures may
 13 31 provide for referral of the health care provider to the expert
 13 32 review panel established by the department pursuant to
 13 33 subsection 3 for establishment of the protocols.  The
 13 34 procedures shall require reporting noncompliance with the
 13 35 protocols by a health care provider to the examining board
 14  1 with jurisdiction over the relevant health care providers.
 14  2    2.  A health care facility shall adopt procedures in
 14  3 accordance with recommendations issued by the centers for
 14  4 disease control and prevention of the United States department
 14  5 of health and human services, applicable to a health care
 14  6 provider determined to be infected with HIV or HBV who
 14  7 ordinarily performs or assists with exposure-prone procedures
 14  8 within the health care facility.  The procedures shall require
 14  9 referral of the health care provider to the expert review
 14 10 panel established by the department pursuant to subsection 3.
 14 11    3.  The department shall establish an expert review panel
 14 12 to determine on a case-by-case basis under what circumstances,
 14 13 if any, a health care provider determined to be infected with
 14 14 HIV or HBV practicing outside the hospital or referred to the
 14 15 panel by a hospital or health care facility setting may
 14 16 perform exposure-prone procedures.  If a health care provider
 14 17 determined to be infected with HIV or HBV does not comply with
 14 18 the determination of the expert review panel, the panel shall
 14 19 report the noncompliance to the examining board with
 14 20 jurisdiction over the health care provider.  A determination
 14 21 of an expert review panel pursuant to this section is a final
 14 22 agency action appealable pursuant to section 17A.19.
 14 23    4.  The health care provider determined to be infected with
 14 24 HIV or HBV, who works in a hospital setting, may elect either
 14 25 the expert review panel established by the hospital or the
 14 26 expert review panel established by the department for the
 14 27 purpose of making a determination of the circumstances under
 14 28 which the health care provider may perform exposure-prone
 14 29 procedures.
 14 30    5.  A health care provider determined to be infected with
 14 31 HIV or HBV shall not perform an exposure-prone procedure
 14 32 except as approved by the expert review panel established by
 14 33 the department pursuant to subsection 3, or in compliance with
 14 34 the protocol established by the hospital pursuant to
 14 35 subsection 1 or the procedures established by the health care
 15  1 facility pursuant to subsection 2.
 15  2    6.  The board of medical examiners, the board of physician
 15  3 assistant examiners, the board of podiatry examiners, the
 15  4 board of nursing, the board of dental examiners, and the board
 15  5 of optometry examiners shall require that licensees comply
 15  6 with the recommendations issued by the centers for disease
 15  7 control and prevention of the United States department of
 15  8 health and human services for preventing transmission of human
 15  9 immunodeficiency virus and hepatitis B virus to patients
 15 10 during exposure-prone invasive procedures, with the
 15 11 recommendations of the expert review panel established
 15 12 pursuant to subsection 3, with hospital protocols established
 15 13 pursuant to subsection 1 and with health care facility
 15 14 procedures established pursuant to subsection 2, as
 15 15 applicable.
 15 16    7.  Information relating to the HIV status of a health care
 15 17 provider is confidential and subject to the provisions of
 15 18 section 141A.9.  A person who intentionally or recklessly
 15 19 makes an unauthorized disclosure of such information is
 15 20 subject to a civil penalty of one thousand dollars.  The
 15 21 attorney general or the attorney general's designee may
 15 22 maintain a civil action to enforce this section.  Proceedings
 15 23 maintained under this section shall provide for the anonymity
 15 24 of the health care provider and all documentation shall be
 15 25 maintained in a confidential manner.  Information relating to
 15 26 the HBV status of a health care provider is confidential and
 15 27 shall not be accessible to the public.  Information regulated
 15 28 by this section, however, may be disclosed to members of the
 15 29 expert review panel established by the department or a panel
 15 30 established by hospital protocol under this section.  The
 15 31 information may also be disclosed to the appropriate examining
 15 32 board by filing a report as required by this section.  The
 15 33 examining board shall consider the report a complaint subject
 15 34 to the confidentiality provisions of section 272C.6.  A
 15 35 licensee, upon the filing of a formal charge or notice of
 16  1 hearing by the examining board based on such a complaint, may
 16  2 seek a protective order from the board.
 16  3    8.  The expert review panel established by the department
 16  4 and individual members of the panel shall be immune from any
 16  5 liability, civil or criminal, for reasonable actions taken in
 16  6 the good faith performance of functions authorized or required
 16  7 by this section.  A hospital, an expert review panel
 16  8 established by the hospital, and individual members of the
 16  9 panel shall be immune from any liability, civil or criminal,
 16 10 for reasonable actions taken in the good faith performance of
 16 11 functions authorized or required by this section.  Complaints,
 16 12 investigations, reports, deliberations, and findings of the
 16 13 hospital and its panel with respect to a named health care
 16 14 provider suspected, alleged, or found to be in violation of
 16 15 the protocol required by this section, constitute peer review
 16 16 records under section 147.135, and are subject to the specific
 16 17 confidentiality requirements and limitations of that section.
 16 18    Sec. 23.  NEW SECTION.  139A.23  CONTINGENT REPEAL.
 16 19    If the provisions of Pub. L. No. 102-141 relating to
 16 20 requirements for prevention of transmission of HIV or HBV to
 16 21 patients in the performance of exposure-prone procedures are
 16 22 repealed, section 139A.22 is repealed.
 16 23    Sec. 24.  NEW SECTION.  139A.24  BLOOD DONATION OR SALE –
 16 24 PENALTY.
 16 25    A person suffering from a communicable disease dangerous to
 16 26 the public health who knowingly gives false information
 16 27 regarding the person's infected state on a blood plasma sale
 16 28 application to blood plasma-taking personnel commits a serious
 16 29 misdemeanor.
 16 30    Sec. 25.  NEW SECTION.  139A.25  PENALTIES.
 16 31    1.  Unless otherwise provided in this chapter, a person who
 16 32 knowingly violates any provision of this chapter, or of the
 16 33 rules of the department or a local board, or any lawful order,
 16 34 written or oral, of the department or board, or of their
 16 35 officers or authorized agents, is guilty of a simple
 17  1 misdemeanor.
 17  2    2.  Notwithstanding subsection 1, an individual who
 17  3 repeatedly fails to file any mandatory report specified in
 17  4 this chapter is subject to a report being made to the
 17  5 licensing board governing the professional activities of the
 17  6 individual.  The department shall notify the individual each
 17  7 time that the department determines that the individual has
 17  8 failed to file a required report.  The department shall inform
 17  9 the individual in the notification that the individual may
 17 10 provide information to the department to explain or dispute
 17 11 the failure to report.
 17 12    3.  Notwithstanding subsection 1, a public, private or
 17 13 hospital clinical laboratory that repeatedly fails to file a
 17 14 mandatory report specified in this chapter is subject to a
 17 15 civil penalty of not more than one thousand dollars per
 17 16 occurrence.  The department shall not impose the penalty under
 17 17 this subsection without prior written notice and opportunity
 17 18 for hearing.  
 17 19                          SUBCHAPTER I
 17 20     CONTROL OF SEXUALLY TRANSMITTED DISEASES AND INFECTIONS
 17 21    Sec. 26.  NEW SECTION.  139A.30  CONFIDENTIAL REPORTS.
 17 22    Reports to the department which include the identity of
 17 23 persons infected with a sexually transmitted disease or
 17 24 infection, and all such related information, records, and
 17 25 reports concerning the person shall be confidential and shall
 17 26 not be accessible to the public.  However, such reports,
 17 27 information, and records shall be confidential only to the
 17 28 extent necessary to prevent identification of persons named in
 17 29 such reports, information, and records; the other parts of
 17 30 such reports, information, and records shall be public
 17 31 records.  The preceding sentence shall prevail over any
 17 32 inconsistent provision of this chapter.
 17 33    Sec. 27.  NEW SECTION.  139A.31  REPORT TO DEPARTMENT.
 17 34    Immediately after the first examination or treatment of any
 17 35 person infected with any sexually transmitted disease or
 18  1 infection, the health care provider who performed the
 18  2 examination or treatment shall transmit to the department a
 18  3 report stating the name of the infected person, the address of
 18  4 the infected person, the infected person's date of birth, the
 18  5 sex of the infected person, the race and ethnicity of the
 18  6 infected person, the infected person's marital status, the
 18  7 infected person's telephone number, if the infected person is
 18  8 female, whether the infected person is pregnant, the name and
 18  9 address of the laboratory that performed the test, the date
 18 10 the test was found to be positive and the collection date, and
 18 11 the name of the health care provider who performed the test.
 18 12 However, when a case occurs within the jurisdiction of a local
 18 13 health department, the report shall be made directly to the
 18 14 local health department which shall immediately forward the
 18 15 information to the department.  Reports shall be made in
 18 16 accordance with rules adopted by the department.  Reports
 18 17 shall be confidential.  Any person filing a report of a
 18 18 sexually transmitted disease or infection who is acting
 18 19 reasonably and in good faith is immune from any liability,
 18 20 civil or criminal, which might otherwise be incurred or
 18 21 imposed as a result of such report.
 18 22    Sec. 28.  NEW SECTION.  139A.32  EXAMINATION RESULTS.
 18 23    A person in charge of a public, private, or hospital
 18 24 clinical laboratory shall report to the department, on forms
 18 25 prescribed by the department, results obtained in the
 18 26 examination of all specimens which yield evidence of or are
 18 27 reactive for those diseases defined as sexually transmitted
 18 28 diseases or infections, and listed in the Iowa administrative
 18 29 code.  The report shall state the name of the infected person
 18 30 from whom the specimen was obtained, the address of the
 18 31 infected person, the infected person's date of birth, the sex
 18 32 of the infected person, the race and ethnicity of the infected
 18 33 person, the infected person's marital status, the infected
 18 34 person's telephone number, if the infected person is female
 18 35 whether the infected person is pregnant, the name and address
 19  1 of the laboratory that performed the test, the laboratory
 19  2 results, the test employed, the date the test was found to be
 19  3 positive and the collection date, the name of the health care
 19  4 provider who performed the test, and the name and address of
 19  5 the person submitting the specimen.
 19  6    Sec. 29.  NEW SECTION.  139A.33  DETERMINATION OF SOURCE.
 19  7    The local board or the department shall use every available
 19  8 means to determine the source and spread of any infectious
 19  9 case of sexually transmitted disease or infection which is
 19 10 reported.
 19 11    Sec. 30.  NEW SECTION.  139A.34  EXAMINATION OF PERSONS
 19 12 SUSPECTED.
 19 13    The local board shall cause an examination to be made of
 19 14 every person reasonably suspected, on the basis of
 19 15 epidemiological investigation, of having any sexually
 19 16 transmitted disease or infection in the infectious stages to
 19 17 ascertain if such person is infected, and if infected, to
 19 18 cause such person to be treated.  A person who is under the
 19 19 care and treatment of a health care provider for the suspected
 19 20 condition shall not be subjected to such examination.  If a
 19 21 person suspected of having a sexually transmitted disease or
 19 22 infection refuses to submit to an examination voluntarily,
 19 23 application may be made by the local board to the district
 19 24 court for an order compelling the person to submit to
 19 25 examination and, if infected, to treatment.  The person shall
 19 26 be treated until certified as no longer infectious to the
 19 27 local board or to the department.  If treatment is ordered by
 19 28 the district court, the attending health care provider shall
 19 29 certify that the person is no longer infectious.
 19 30    Sec. 31.  NEW SECTION.  139A.35  MINORS.
 19 31    A minor who seeks diagnosis or treatment for a sexually
 19 32 transmitted disease or infection shall have the legal capacity
 19 33 to act and give consent to medical care and service for the
 19 34 sexually transmitted disease or infection by a hospital,
 19 35 clinic, or health care provider.  Such medical diagnosis and
 20  1 treatment shall be provided by a physician licensed to
 20  2 practice medicine and surgery, osteopathy, or osteopathic
 20  3 medicine and surgery.  Consent shall not be subject to later
 20  4 disaffirmance by reason of such minority.  The consent of
 20  5 another person, including but not limited to the consent of a
 20  6 spouse, parent, custodian, or guardian, shall not be
 20  7 necessary.
 20  8    Sec. 32.  NEW SECTION.  139A.36  CERTIFICATE NOT TO BE
 20  9 ISSUED.
 20 10    A certificate of freedom from sexually transmitted disease
 20 11 or infection shall not be issued to any person by any official
 20 12 health agency.
 20 13    Sec. 33.  NEW SECTION.  139A.37  PREGNANT WOMEN.
 20 14    The department shall adopt rules which incorporate the
 20 15 prenatal guidelines established by the centers for disease
 20 16 control and prevention of the United States department of
 20 17 health and human services as the state guidelines for prenatal
 20 18 testing and care relative to infectious disease.
 20 19    Sec. 34.  NEW SECTION.  139A.38  MEDICAL TREATMENT OF NEWLY
 20 20 BORN.
 20 21    A physician attending the birth of a child shall cause to
 20 22 be instilled into the eyes of the newly born infant a
 20 23 prophylactic solution approved by the department.  This
 20 24 section shall not be construed to require treatment of the
 20 25 infant's eyes with a prophylactic solution if the infant's
 20 26 parent or legal guardian states that such treatment conflicts
 20 27 with the tenets and practices of a recognized religious
 20 28 denomination of which the parent or legal guardian is an
 20 29 adherent or member.
 20 30    Sec. 35.  NEW SECTION.  139A.39  RELIGIOUS EXCEPTIONS.
 20 31    A provision of this chapter shall not be construed to
 20 32 require or compel any person to take or follow a course of
 20 33 medical treatment prescribed by law or a health care provider
 20 34 if the person is an adherent or member of a church or
 20 35 religious denomination and in accordance with the tenets or
 21  1 principles of the person's church or religious denomination
 21  2 the person opposes the specific course of medical treatment.
 21  3 However, such person while in an infectious stage of disease
 21  4 shall be subject to isolation and such other measures
 21  5 appropriate for the prevention of the spread of the disease to
 21  6 other persons.
 21  7    Sec. 36.  NEW SECTION.  139A.40  FILING FALSE REPORTS.
 21  8    A person who knowingly makes a false statement in any of
 21  9 the reports required by this subchapter concerning persons
 21 10 infected with any sexually transmitted disease or infection,
 21 11 or who discloses the identity of such person, except as
 21 12 authorized by this subchapter, shall be punished as provided
 21 13 in section 139A.25.
 21 14    Sec. 37.  Section 135.11, subsections 8, 16, and 20, Code
 21 15 Supplement 1999, are amended to read as follows:
 21 16    8.  Exercise general supervision over the administration
 21 17 and enforcement of the venereal disease sexually transmitted
 21 18 diseases and infections law, chapter 140 139A, subchapter I.
 21 19    16.  Administer chapters 125, 136A, 136C, 139 139A, 140,
 21 20 142, 144, and 147A.
 21 21    20.  Establish, publish, and enforce rules requiring prompt
 21 22 reporting of methemoglobinemia, pesticide poisoning, and the
 21 23 reportable poisonings and illnesses established pursuant to
 21 24 section 139.35 139A.21.
 21 25    Sec. 38.  Section 135G.14, subsection 2, Code 1999, is
 21 26 amended to read as follows:
 21 27    2.  A prophylactic shall be instilled in the eyes of each
 21 28 newborn in accordance with section 140.13 139A.38.
 21 29    Sec. 39.  Section 141A.6, Code Supplement 1999, is amended
 21 30 by adding the following new subsections:
 21 31    NEW SUBSECTION.  7.  An individual who repeatedly fails to
 21 32 file the report required under this section is subject to a
 21 33 report being made to the licensing board governing the
 21 34 professional activities of the individual.  The department
 21 35 shall notify the individual each time the department
 22  1 determines that the individual has failed to file a required
 22  2 report.  The department shall inform the individual in the
 22  3 notification that the individual may provide information to
 22  4 the department to explain or dispute the failure to report.
 22  5    NEW SUBSECTION.  8.  A public, private or hospital clinical
 22  6 laboratory that repeatedly fails to make the report required
 22  7 under this section is subject to a civil penalty of not more
 22  8 than one thousand dollars per occurrence.  The department
 22  9 shall not impose the penalty under this subsection without
 22 10 prior written notice and opportunity for hearing.
 22 11    Sec. 40.  Section 141A.9, Code Supplement 1999, is amended
 22 12 to read as follows:
 22 13    141A.9  CONFIDENTIALITY OF INFORMATION.
 22 14    1.  Any information, including reports and records,
 22 15 obtained, submitted, and maintained pursuant to this chapter
 22 16 is strictly confidential medical information.  The information
 22 17 shall not be released, shared with an agency or institution,
 22 18 or made public upon subpoena, search warrant, discovery
 22 19 proceedings, or by any other means except as provided in this
 22 20 chapter.  A person shall not be compelled to disclose the
 22 21 identity of any person upon whom an HIV-related test is
 22 22 performed, or the results of the test in a manner which
 22 23 permits identification of the subject of the test, except to
 22 24 persons entitled to that information under this chapter.
 22 25 Information shall be made available for release to the
 22 26 following individuals or under the following circumstances:
 22 27    1.  a.  To the subject of the test or the subject's legal
 22 28 guardian subject to the provisions of section 141A.7,
 22 29 subsection 3, when applicable.
 22 30    2.  b.  To any person who secures a written release of test
 22 31 results executed by the subject of the test or the subject's
 22 32 legal guardian.
 22 33    3.  c.  To an authorized agent or employee of a health
 22 34 facility or health care provider, if the health facility or
 22 35 health care provider ordered or participated in the testing or
 23  1 is otherwise authorized to obtain the test results, the agent
 23  2 or employee provides patient care or handles or processes
 23  3 samples, and the agent or employee has a medical need to know
 23  4 such information.
 23  5    4.  d.  To a health care provider providing care to the
 23  6 subject of the test when knowledge of the test results is
 23  7 necessary to provide care or treatment.
 23  8    5.  e.  To the department in accordance with reporting
 23  9 requirements for an HIV-related condition.
 23 10    6.  f.  To a health facility or health care provider which
 23 11 procures, processes, distributes, or uses a human body part
 23 12 from a deceased person with respect to medical information
 23 13 regarding that person, or semen provided prior to July 1,
 23 14 1988, for the purpose of artificial insemination.
 23 15    7.  g.  Release may be made of medical or epidemiological
 23 16 information for statistical purposes in a manner such that no
 23 17 individual person can be identified.
 23 18    8.  h.  Release may be made of medical or epidemiological
 23 19 information to the extent necessary to enforce the provisions
 23 20 of this chapter and related rules concerning the treatment,
 23 21 control, and investigation of HIV infection by public health
 23 22 officials.
 23 23    9.  i.  Release may be made of medical or epidemiological
 23 24 information to medical personnel to the extent necessary to
 23 25 protect the health or life of the named party.
 23 26    10.  j.  Release may be made of test results concerning a
 23 27 patient pursuant to procedures established under section
 23 28 141A.5, subsection 3, paragraph "c".
 23 29    11.  k.  To a person allowed access to a record by a court
 23 30 order which is issued in compliance with the following
 23 31 provisions:
 23 32    a.  (1)  A court has found that the person seeking the test
 23 33 results has demonstrated a compelling need for the test
 23 34 results which need cannot be accommodated by other means.  In
 23 35 assessing compelling need, the court shall weigh the need for
 24  1 disclosure against the privacy interest of the test subject
 24  2 and the public interest which may be disserved by disclosure
 24  3 due to its deterrent effect on future testing or due to its
 24  4 effect in leading to discrimination.
 24  5    b.  (2)  Pleadings pertaining to disclosure of test results
 24  6 shall substitute a pseudonym for the true name of the subject
 24  7 of the test.  The disclosure to the parties of the subject's
 24  8 true name shall be communicated confidentially in documents
 24  9 not filed with the court.
 24 10    c.  (3)  Before granting an order, the court shall provide
 24 11 the person whose test results are in question with notice and
 24 12 a reasonable opportunity to participate in the proceedings if
 24 13 the person is not already a party.
 24 14    d.  (4)  Court proceedings as to disclosure of test results
 24 15 shall be conducted in camera unless the subject of the test
 24 16 agrees to a hearing in open court or unless the court
 24 17 determines that a public hearing is necessary to the public
 24 18 interest and the proper administration of justice.
 24 19    e.  (5)  Upon the issuance of an order to disclose test
 24 20 results, the court shall impose appropriate safeguards against
 24 21 unauthorized disclosure, which shall specify the persons who
 24 22 may gain access to the information, the purposes for which the
 24 23 information shall be used, and appropriate prohibitions on
 24 24 future disclosure.
 24 25    12.  l.  To an employer, if the test is authorized to be
 24 26 required under any other provision of law.
 24 27    13.  m.  To a convicted or alleged sexual assault offender;
 24 28 the physician or other health care provider who orders the
 24 29 test of a convicted or alleged offender; the victim; the
 24 30 parent, guardian, or custodian of the victim if the victim is
 24 31 a minor; the physician of the victim; the victim counselor or
 24 32 person requested by the victim to provide counseling regarding
 24 33 the HIV-related test and results; the victim's spouse; persons
 24 34 with whom the victim has engaged in vaginal, anal, or oral
 24 35 intercourse subsequent to the sexual assault; members of the
 25  1 victim's family within the third degree of consanguinity; and
 25  2 the county attorney who may use the results as evidence in the
 25  3 prosecution of sexual assault under chapter 915, subchapter
 25  4 IV, or prosecution of the offense of criminal transmission of
 25  5 HIV under chapter 709C.  For the purposes of this paragraph,
 25  6 "victim" means victim as defined in section 915.40.
 25  7    14.  n.  To employees of state correctional institutions
 25  8 subject to the jurisdiction of the department of corrections,
 25  9 employees of secure facilities for juveniles subject to the
 25 10 department of human services, and employees of city and county
 25 11 jails, if the employees have direct supervision over inmates
 25 12 of those facilities or institutions in the exercise of the
 25 13 duties prescribed pursuant to section 80.9, subsection 2,
 25 14 paragraph "d".
 25 15    2.  Medical information secured pursuant to subsection 1
 25 16 may be shared between employees of the department who shall
 25 17 use the information collected only for the purposes of
 25 18 carrying out their official duties in preventing the spread of
 25 19 the disease or the spread of other reportable diseases as
 25 20 defined in section 139A.2.
 25 21    Sec. 41.  Section 206.12, subsection 2, paragraph c,
 25 22 subparagraph (2), Code 1999, is amended to read as follows:
 25 23    (2)  The registrant operates an emergency information
 25 24 system as provided in section 139.35 139A.21 that is available
 25 25 to poison control centers twenty-four hours a day every day of
 25 26 the year.  The emergency information system must provide
 25 27 information to medical professionals required for the sole
 25 28 purpose of treating a specific patient for exposure or adverse
 25 29 reaction to the registrant's product, including the
 25 30 identification of all ingredients which are toxic to humans,
 25 31 and toxicological and medical management information.
 25 32    Sec. 42.  Section 232.69, subsection 1, paragraph a, Code
 25 33 Supplement 1999, is amended to read as follows:
 25 34    a.  Every health practitioner who in the scope of
 25 35 professional practice, examines, attends, or treats a child
 26  1 and who reasonably believes the child has been abused.
 26  2 Notwithstanding section 140.3 139A.30, this provision applies
 26  3 to a health practitioner who receives information confirming
 26  4 that a child is infected with a sexually transmitted disease.
 26  5    Sec. 43.  Section 239B.12, subsection 1, Code 1999, is
 26  6 amended to read as follows:
 26  7    1.  To the extent feasible, the department shall determine
 26  8 the immunization status of children receiving assistance under
 26  9 this chapter.  The status shall be determined in accordance
 26 10 with the immunization recommendations adopted by the Iowa
 26 11 department of public health under section 139.9 139A.8,
 26 12 including the exemption provisions in section 139.9 139A.8,
 26 13 subsection 4.  If the department determines a child is not in
 26 14 compliance with the immunization recommendations, the
 26 15 department shall refer the child's parent or guardian to a
 26 16 local public health agency for immunization services for the
 26 17 child and other members of the child's family.
 26 18    Sec. 44.  Section 252.24, unnumbered paragraph 2, Code
 26 19 1999, is amended to read as follows:
 26 20    When assistance is furnished by any governmental agency of
 26 21 the county, township, or city, the assistance shall be deemed
 26 22 to have been furnished by the county in which the agency is
 26 23 located and the agency furnishing the assistance shall certify
 26 24 the correctness of the costs of the assistance to the board of
 26 25 supervisors of that county and that county shall collect from
 26 26 the county of the person's settlement.  The amounts collected
 26 27 by the county where the agency is located shall be paid to the
 26 28 agency furnishing the assistance.  This statute applies to
 26 29 services and supplies furnished as provided in section 139.30
 26 30 139A.18.
 26 31    Sec. 45.  Section 299.4, Code 1999, is amended to read as
 26 32 follows:
 26 33    299.4  REPORTS AS TO PRIVATE INSTRUCTION.
 26 34    The parent, guardian, or legal custodian of a child who is
 26 35 of compulsory attendance age, who places the child under
 27  1 competent private instruction under either section 299A.2 or
 27  2 299A.3, not in an accredited school or a home school
 27  3 assistance program operated by a public or accredited
 27  4 nonpublic school, shall furnish a report in duplicate on forms
 27  5 provided by the public school district, to the district by the
 27  6 earliest starting date specified in section 279.10, subsection
 27  7 1.  The secretary shall retain and file one copy and forward
 27  8 the other copy to the district's area education agency.  The
 27  9 report shall state the name and age of the child, the period
 27 10 of time during which the child has been or will be under
 27 11 competent private instruction for the year, an outline of the
 27 12 course of study, texts used, and the name and address of the
 27 13 instructor.  The parent, guardian, or legal custodian of a
 27 14 child, who is placing the child under competent private
 27 15 instruction, for the first time, shall also provide the
 27 16 district with evidence that the child has had the
 27 17 immunizations required under section 139.9 139A.8.  The term
 27 18 "outline of course of study" shall include subjects covered,
 27 19 lesson plans, and time spent on the areas of study.
 27 20    Sec. 46.  Section 455E.11, subsection 2, paragraph a,
 27 21 subparagraph (2), subparagraph subdivision (a), subparagraph
 27 22 subdivision part (i), Code 1999, is amended to read as
 27 23 follows:
 27 24    (i)  Eight thousand dollars shall be transferred to the
 27 25 Iowa department of public health for departmental duties
 27 26 required under section 135.11, subsections 20 and 21, and
 27 27 section 139.35 139A.21.
 27 28    Sec. 47.  Section 455E.11, subsection 2, paragraph b,
 27 29 subparagraph (1), Code 1999, is amended to read as follows:
 27 30    (1)  Nine thousand dollars of the account is appropriated
 27 31 to the Iowa department of public health for carrying out the
 27 32 departmental duties under section 135.11, subsections 20 and
 27 33 21, and section 139.35 139A.31.
 27 34    Sec. 48.  Section 455E.11, subsection 2, paragraph c,
 27 35 unnumbered paragraph 1, Code 1999, is amended to read as
 28  1 follows:
 28  2    A household hazardous waste account.  The moneys collected
 28  3 pursuant to section 455F.7 and moneys collected pursuant to
 28  4 section 29C.8A which are designated for deposit, shall be
 28  5 deposited in the household hazardous waste account.  Two
 28  6 thousand dollars is appropriated annually to the Iowa
 28  7 department of public health to carry out departmental duties
 28  8 under section 135.11, subsections 20 and 21, and section
 28  9 139.35 139A.21.  The remainder of the account shall be used to
 28 10 fund toxic cleanup days and the efforts of the department to
 28 11 support a collection system for household hazardous materials,
 28 12 including public education programs, training, and
 28 13 consultation of local governments in the establishment and
 28 14 operation of permanent collection systems, and the management
 28 15 of collection sites, education programs, and other activities
 28 16 pursuant to chapter 455F, including the administration of the
 28 17 household hazardous materials permit program by the department
 28 18 of revenue and finance.
 28 19    Sec. 49.  Section 455E.11, subsection 2, paragraph d,
 28 20 subparagraph (1), Code 1999, is amended to read as follows:
 28 21    (1)  One thousand dollars is appropriated annually to the
 28 22 Iowa department of public health to carry out departmental
 28 23 duties under section 135.11, subsections 20 and 21, and
 28 24 section 139.35 139A.21.
 28 25    Sec. 50.  POSTSECONDARY EDUCATION STUDENTS – IMMUNIZATION
 28 26 REQUIREMENTS – TASK FORCE.  The director of public health
 28 27 shall establish a task force to review and recommend
 28 28 appropriate immunization requirements for postsecondary
 28 29 education students.  The task force shall include
 28 30 representatives of the Iowa department of public health and
 28 31 the department of education, postsecondary education students,
 28 32 and others with interest and expertise in the areas of public
 28 33 health and education.  The task force shall submit a report of
 28 34 its findings and recommendations to the governor and the
 28 35 general assembly on or before December 1, 2000.
 29  1    Sec. 51.  Chapters 139, 139B, 139C, and 140, Code 1999 and
 29  2 Code Supplement 1999, are repealed.
 29  3    Sec. 52.  Section 137C.19, Code 1999, is repealed.  
 29  4 
 29  5 
 29  6                                                             
 29  7                               MARY E. KRAMER
 29  8                               President of the Senate
 29  9 
 29 10 
 29 11                                                             
 29 12                               BRENT SIEGRIST
 29 13                               Speaker of the House
 29 14 
 29 15    I hereby certify that this bill originated in the Senate and
 29 16 is known as Senate File 2314, Seventy-eighth General Assembly.
 29 17 
 29 18 
 29 19                                                             
 29 20                               MICHAEL E. MARSHALL
 29 21                               Secretary of the Senate
 29 22 Approved                , 2000
 29 23 
 29 24 
 29 25                               
 29 26 THOMAS J. VILSACK
 29 27 Governor
     
Text: SF02313                           Text: SF02315
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index

© 2000 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Mon Aug 28 13:36:55 CDT 2000
URL: /DOCS/GA/78GA/Legislation/SF/02300/SF02314/000330.html
jhf