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House File 256

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 256
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO HEALTH CARE FACILITY REGULATION, INCLUDING 
  1  5    INFORMATION TO BE INCLUDED IN A NOTICE OF A DEFICIENCY AND
  1  6    INCLUDING THE CONSULTATION OF THE DEPARTMENT OF INSPECTIONS 
  1  7    AND APPEALS AND THE STATE FIRE MARSHAL IN PROMULGATING RULES.  
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  Section 135C.9, subsection 1, paragraph b, Code
  1 12 2001, is amended to read as follows:
  1 13    b.  The facility has been inspected by the state fire
  1 14 marshal or a deputy appointed by the fire marshal for that
  1 15 purpose, who may be a member of a municipal fire department,
  1 16 and the department has received either a certificate of
  1 17 compliance or a provisional certificate of compliance by the
  1 18 facility with the fire hazard and fire safety rules and
  1 19 standards of the department as promulgated by the fire marshal
  1 20 and, where applicable, the fire safety standards required for
  1 21 participation in programs authorized by either Title XVIII or
  1 22 Title XIX of the United States Social Security Act (42 U.S.C.
  1 23 } 1395 to 1395ll and 1396 to 1396g).  The certificate or
  1 24 provisional certificate shall be signed by the fire marshal or
  1 25 the fire marshal's deputy who made the inspection.  If the
  1 26 state fire marshal or a deputy finds a deficiency upon
  1 27 inspection, the notice to the facility shall be provided in a
  1 28 timely manner and shall specifically describe the nature of
  1 29 the deficiency, identifying the Code section or subsection or
  1 30 the rule or standard violated.  The notice shall also specify
  1 31 the time allowed for correction of the deficiency, at the end
  1 32 of which time the fire marshal or a deputy shall perform a
  1 33 follow-up inspection.
  1 34    Sec. 2.  Section 135C.9, subsection 2, Code 2001, is
  1 35 amended to read as follows:
  2  1    2.  The rules and standards promulgated by the fire marshal
  2  2 pursuant to subsection 1, paragraph "b" of this section shall
  2  3 be substantially in keeping with the latest generally
  2  4 recognized safety criteria for the facilities covered, of
  2  5 which the applicable criteria recommended and published from
  2  6 time to time by the national fire protection association shall
  2  7 be prima facie evidence.  The rules and standards promulgated
  2  8 by the fire marshal shall be promulgated in consultation with
  2  9 the department and shall, to the greatest extent possible, be
  2 10 consistent with rules adopted by the department under this
  2 11 chapter.
  2 12    Sec. 3.  Section 135C.14, unnumbered paragraph 1, Code
  2 13 2001, is amended to read as follows:
  2 14    The department shall, in accordance with chapter 17A, and
  2 15 with the approval of the state board of health adopt and
  2 16 enforce rules setting minimum standards for health care
  2 17 facilities.  In so doing, the department, with the approval of
  2 18 the state board of health, may adopt by reference, with or
  2 19 without amendment, nationally recognized standards and rules,
  2 20 which shall be specified by title and edition, date of
  2 21 publication, or similar information.  The rules and standards
  2 22 required by this section shall be formulated in consultation
  2 23 with the director of human services or the director's
  2 24 designee, with the state fire marshal, and with affected
  2 25 industry, professional, and consumer groups, and shall be
  2 26 designed to further the accomplishment of the purposes of this
  2 27 chapter and shall relate to:
  2 28    Sec. 4.  Section 135C.14, subsection 1, Code 2001, is
  2 29 amended to read as follows:
  2 30    1.  Location and construction of the facility, including
  2 31 plumbing, heating, lighting, ventilation, and other housing
  2 32 conditions, which shall ensure the health, safety and comfort
  2 33 of residents and protection from fire hazards.  The rules of
  2 34 the department relating to protection from fire hazards and
  2 35 fire safety shall be promulgated by the state fire marshal in
  3  1 consultation with the department, and shall be in keeping with
  3  2 the latest generally recognized safety criteria for the
  3  3 facilities covered of which the applicable criteria
  3  4 recommended and published from time to time by the national
  3  5 fire protection association are prima facie evidence.  To the
  3  6 greatest extent possible, the rules promulgated by the state
  3  7 fire marshal shall be consistent with the rules adopted by the
  3  8 department under this chapter.  
  3  9 
  3 10 
  3 11                                                             
  3 12                               BRENT SIEGRIST
  3 13                               Speaker of the House
  3 14 
  3 15 
  3 16                                                             
  3 17                               MARY E. KRAMER
  3 18                               President of the Senate
  3 19 
  3 20    I hereby certify that this bill originated in the House and
  3 21 is known as House File 256, Seventy-ninth General Assembly.
  3 22 
  3 23 
  3 24                                                             
  3 25                               MARGARET THOMSON
  3 26                               Chief Clerk of the House
  3 27 Approved                , 2001
  3 28 
  3 29 
  3 30                            
  3 31 THOMAS J. VILSACK
  3 32 Governor
     

Text: HF00255                           Text: HF00257
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Bills and Amendments: General Index     Bill History: General Index

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