Text: HF02546                           Text: HF02548
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2547

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 2547
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO CERTAIN PROGRAMS AND PUBLIC HEALTH ISSUES UNDER
  1  5    THE PURVIEW OF THE IOWA DEPARTMENT OF PUBLIC HEALTH, AND
  1  6    PROVIDING A PENALTY.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 124.210, subsection 3, Code 2001, is
  1 11 amended by adding the following new paragraph o and
  1 12 relettering the subsequent paragraphs:
  1 13    NEW PARAGRAPH.  o.  Dichloralphenazone.
  1 14    Sec. 2.  Section 124B.2, subsection 1, paragraph o, Code
  1 15 2001, is amended to read as follows:
  1 16    o.  Insosafrole Isosafrole.
  1 17    Sec. 3.  Section 124B.2, subsection 1, Code 2001, is
  1 18 amended by adding the following new paragraph:
  1 19    NEW PARAGRAPH.  w.  Gamma-Butyrolactone (also known as GBL;
  1 20 Dihydro-2(3H)-furanone; 1,2-Butanolide; 1,4-Butanolide; 4-
  1 21 Hydroxybutanoic acid lactone; or gamma-hydroxy-butyric acid
  1 22 lactone).
  1 23    Sec. 4.  Section 125.13, subsection 1, unnumbered paragraph
  1 24 2, Code 2001, is amended to read as follows:
  1 25    Three Four types of licenses may be issued by the
  1 26 department.  A renewable license may be issued for one, or
  1 27 two, or three years.  Treatment programs A treatment program
  1 28 applying for their its initial license may be issued a license
  1 29 for two hundred seventy days.  A license issued for two
  1 30 hundred seventy days shall not be renewed or extended.
  1 31    Sec. 5.  Section 125.13, subsection 2, Code 2001, is
  1 32 amended by adding the following new paragraph:
  1 33    NEW PARAGRAPH.  j.  A hospital substance abuse treatment
  1 34 program that is accredited or licensed by the joint commission
  1 35 on the accreditation of health care organizations, the
  2  1 commission on the accreditation of rehabilitation facilities,
  2  2 the American osteopathic association, or another recognized
  2  3 organization approved by the commission.  All survey reports
  2  4 for the hospital substance abuse treatment program from the
  2  5 accrediting or licensing body shall be sent to the department.
  2  6    Sec. 6.  Section 125.14, Code 2001, is amended to read as
  2  7 follows:
  2  8    125.14  LICENSES – RENEWAL – FEES.
  2  9    The commission shall meet to consider all cases involving
  2 10 initial issuance, and renewal, denial, suspension, or
  2 11 revocation of a license.  The department shall issue a license
  2 12 to an applicant whom the commission determines meets the
  2 13 licensing requirements of this chapter.  Licenses shall expire
  2 14 no later than two three years from the date of issuance and
  2 15 shall be renewed upon timely application made in the same
  2 16 manner as for initial issuance of a license unless notice of
  2 17 nonrenewal is given to the licensee at least thirty days prior
  2 18 to the expiration of the license.  The department shall not
  2 19 charge a fee for licensing or renewal of programs contracting
  2 20 with the department for provision of treatment services.  A
  2 21 fee may be charged to other licensees.
  2 22    Sec. 7.  Section 135.11, Code Supplement 2001, is amended
  2 23 by adding the following new subsection:
  2 24    NEW SUBSECTION.  9A.  Establish, publish, and enforce rules
  2 25 which require companies, corporations, and other entities to
  2 26 obtain a permit from the department prior to scattering
  2 27 cremated human remains.
  2 28    Sec. 8.  Section 135.24, Code Supplement 2001, is amended
  2 29 to read as follows:
  2 30    135.24  VOLUNTEER HEALTH CARE PROVIDER PROGRAM ESTABLISHED
  2 31 – IMMUNITY FROM CIVIL LIABILITY.
  2 32    1.  The director shall establish within the department a
  2 33 program to provide to eligible hospitals, clinics, or other
  2 34 health care facilities, health care referral programs, or
  2 35 charitable organizations, free medical, and dental, and
  3  1 chiropractic services given on a voluntary basis by health
  3  2 care providers.  A participating health care provider shall
  3  3 register with the department and obtain from the department a
  3  4 list of eligible, participating hospitals, clinics, or other
  3  5 health care facilities, health care referral programs, or
  3  6 charitable organizations.
  3  7    2.  The department, in consultation with the department of
  3  8 human services, shall adopt rules to implement the volunteer
  3  9 health care provider program which shall include the
  3 10 following:
  3 11    a.  Procedures for registration of health care providers
  3 12 deemed qualified by the board of medical examiners, the board
  3 13 of physician assistant examiners, the board of dental
  3 14 examiners, and the board of nursing, and the board of
  3 15 chiropractic examiners.
  3 16    b.  Criteria for and identification of hospitals, clinics,
  3 17 or other health care facilities, health care referral
  3 18 programs, or charitable organizations, eligible to participate
  3 19 in the provision of free medical, or dental, or chiropractic
  3 20 services through the volunteer health care provider program.
  3 21 A health care facility, a health care referral program, a
  3 22 charitable organization, or a health care provider
  3 23 participating in the program shall not bill or charge a
  3 24 patient for any health care provider service provided under
  3 25 the volunteer health care provider program.
  3 26    c.  Identification of the medical services to be provided
  3 27 under the program.  The medical services provided may include,
  3 28 but shall not be limited to, obstetrical and gynecological
  3 29 medical services, and psychiatric services provided by a
  3 30 physician licensed under chapter 148, 150, or 150A, or
  3 31 services provided under chapter 151.
  3 32    3.  A health care provider providing free care under this
  3 33 section shall be considered an employee of the state under
  3 34 chapter 669 and shall be afforded protection as an employee of
  3 35 the state under section 669.21, provided that the health care
  4  1 provider has done all of the following:
  4  2    a.  Registered with the department pursuant to subsection
  4  3 1.
  4  4    b.  Provided medical, or dental, or chiropractic services
  4  5 through a hospital, clinic, or other health care facility,
  4  6 health care referral program, or charitable organization
  4  7 listed as eligible and participating by the department
  4  8 pursuant to subsection 1.
  4  9    4.  For the purposes of this section, "charitable
  4 10 organization" means a charitable organization within the
  4 11 meaning of section 501(c)(3) of the Internal Revenue Code
  4 12 which has as its primary purpose the sponsorship or support of
  4 13 programs designed to improve the quality, awareness, and
  4 14 availability of chiropractic, dental, or medical or dental
  4 15 services to children and to serve as a funding mechanism for
  4 16 provision of chiropractic, dental, or medical or dental
  4 17 services, including but not limited to immunizations, to
  4 18 children in this state.
  4 19    5.  For the purposes of this section, "health care
  4 20 provider" means a physician licensed under chapter 148, 150,
  4 21 or 150A, or 151, a physician assistant licensed and practicing
  4 22 under a supervising physician pursuant to chapter 148C, a
  4 23 licensed practical nurse, a registered nurse, or a dentist,
  4 24 dental hygienist, or dental assistant registered or licensed
  4 25 to practice under chapter 153.
  4 26    Sec. 9.  Section 135.104, subsection 3, Code 2001, is
  4 27 amended to read as follows:
  4 28    3.  A screening program for children, with emphasis on
  4 29 children less than five six years of age.
  4 30    Sec. 10.  Section 136C.4, subsection 1, Code 2001, is
  4 31 amended to read as follows:
  4 32    1.  It is unlawful to operate or use radiation machines or
  4 33 radioactive material in violation of this chapter or of any
  4 34 rule adopted pursuant to this chapter.  Persons convicted of
  4 35 violating a provision of this chapter are guilty of a simple
  5  1 serious misdemeanor.
  5  2    Sec. 11.  Section 144.26, Code 2001, is amended by adding
  5  3 the following new subsection:
  5  4    NEW SUBSECTION.  4.  a.  The department shall establish by
  5  5 rule procedures for making a finding of presumption of death
  5  6 when no body can be found.  The department shall also provide
  5  7 by rule the responsibility for completing and signing the
  5  8 medical certification of cause of death in such circumstances.
  5  9 The presumptive death certificate shall be in a form
  5 10 prescribed by the state registrar and filed in the county
  5 11 where the death was presumed to occur.
  5 12    b.  The division shall provide for the correction,
  5 13 substitution, or removal of a presumptive death certificate
  5 14 when the body of the person is later found, additional facts
  5 15 are discovered, or the person is discovered to be alive.
  5 16    Sec. 12.  Section 147.10, Code 2001, is amended to read as
  5 17 follows:
  5 18    147.10  RENEWAL.
  5 19    Every license to practice a profession shall expire in
  5 20 multiyear intervals and be renewed as determined by the board
  5 21 upon application by the licensee, without examination.
  5 22 Application for renewal shall be made in writing to the
  5 23 department accompanied by the required fee at least thirty
  5 24 days prior to the expiration of such license.  Every renewal
  5 25 shall be displayed in connection with the original license.
  5 26 The department shall notify each licensee by mail prior to the
  5 27 expiration of a license.  Failure to renew the license within
  5 28 a reasonable time after the expiration shall not invalidate
  5 29 the license, but a reasonable penalty may be assessed by the
  5 30 board.
  5 31    Sec. 13.  Section 147.107, subsection 2, unnumbered
  5 32 paragraphs 1 and 2, Code Supplement 2001, are amended to read
  5 33 as follows:
  5 34    A pharmacist, physician, dentist, or podiatric physician
  5 35 who dispenses prescription drugs, including but not limited to
  6  1 controlled substances, for human use, may delegate
  6  2 nonjudgmental dispensing functions to staff assistants only
  6  3 when verification of the accuracy and completeness of the
  6  4 prescription is determined by the pharmacist or practitioner
  6  5 in the pharmacist's or practitioner's physical presence.
  6  6 However, the physical presence requirement does not apply when
  6  7 a pharmacist or practitioner is utilizing an automated
  6  8 dispensing system.  When using an automated dispensing system
  6  9 the pharmacist or practitioner shall utilize an internal
  6 10 quality control assurance plan that ensures accuracy for
  6 11 dispensing.  Verification of automated dispensing accuracy and
  6 12 completeness remains the responsibility of the pharmacist or
  6 13 practitioner and shall be determined in accordance with rules
  6 14 adopted by the boards of pharmacy, medicine, dentistry, and
  6 15 podiatry for their respective licensees.
  6 16    A dentist, physician, or podiatric physician who dispenses
  6 17 prescription drugs, other than drug samples, pursuant to this
  6 18 subsection, shall annually register the fact that they
  6 19 dispense prescription drugs with the practitioner's respective
  6 20 examining board at least biennially.  A physician doing so
  6 21 shall register biennially.
  6 22    Sec. 14.  Section 148B.5, subsection 2, Code 2001, is
  6 23 amended by striking the subsection.
  6 24    Sec. 15.  NEW SECTION.  153.19  TEMPORARY PERMIT – FEES.
  6 25    1.  The board may, in its discretion, issue a temporary
  6 26 permit authorizing the permit holder to practice dentistry or
  6 27 dental hygiene in a specific location or locations and for a
  6 28 specified period of time if, in the opinion of the board, a
  6 29 need exists and the person possesses the qualifications
  6 30 prescribed by the board for the permit, which shall be
  6 31 substantially equivalent to those required for licensure under
  6 32 this chapter.  The board shall determine in each instance
  6 33 those eligible for this permit, whether or not examinations
  6 34 shall be given, and the type of examinations.  None of the
  6 35 requirements for regular licensure under this chapter are
  7  1 mandatory for a temporary permit except as specifically
  7  2 designated by the board.  The issuance of a temporary permit
  7  3 shall not in any way indicate that the permit holder is
  7  4 necessarily eligible for regular licensure, nor is the board
  7  5 in any way obligated to so license the person.
  7  6    2.  A temporary permit shall be issued for a period
  7  7 determined by the board and may be renewed at the discretion
  7  8 of the board.  The fee for a temporary permit and the fee for
  7  9 renewal shall be set by the board.  The fees shall be based on
  7 10 the administrative costs of issuing and renewing the permits.
  7 11 The board may revoke a temporary permit at any time, without a
  7 12 hearing, for reasons deemed sufficient by the board.
  7 13    3.  If the board revokes a temporary permit, it shall
  7 14 promptly notify the permit holder by registered mail, at the
  7 15 last known address of the permit holder, and the temporary
  7 16 permit shall be revoked and of no further force and effect
  7 17 three days after the giving of the notice to the permit
  7 18 holder.
  7 19    Sec. 16.  Section 153.21, Code 2001, is amended by striking
  7 20 the section and inserting in lieu thereof the following:
  7 21    153.21  LICENSE BY CREDENTIALS.
  7 22    The board may issue a license under this chapter without
  7 23 examination to an applicant who furnishes satisfactory proof
  7 24 that the applicant holds a license from a similar dental board
  7 25 under equal or substantially equal requirements to those of
  7 26 this state, and who for three consecutive years immediately
  7 27 prior to the filing of the application in this state has been
  7 28 in a legal practice of dentistry or dental hygiene in such
  7 29 other state, territory, or district of the United States, and
  7 30 who furnishes such other evidence as to the applicant's
  7 31 qualifications and lawful practice as the board may require.
  7 32    Sec. 17.  Section 153.22, Code 2001, is amended to read as
  7 33 follows:
  7 34    153.22  RESIDENT DENTIST LICENSE.
  7 35    Any A dentist, or dental hygienist who is a graduate of an
  8  1 accredited dental school and is serving only as a resident,
  8  2 intern, or graduate student dentist and who is not licensed to
  8  3 practice dentistry in this state, shall be is required to
  8  4 obtain from the board of dentistry a temporary or special
  8  5 license to practice as a resident, intern, or graduate dentist
  8  6 student.  The license shall be designated "Resident Dentist
  8  7 License" and shall authorize the licensee to serve as a
  8  8 resident, intern, or graduate student only, under the
  8  9 supervision of a licensed practitioner of dentistry, in an
  8 10 institution approved for this purpose by the board.  Such
  8 11 license shall be valid for one year and may be renewed at the
  8 12 discretion of the board.  The fee for this a resident license
  8 13 and the annual renewal fee shall be set by the board based
  8 14 upon the cost of issuance of the license.  The board shall
  8 15 determine in each instance those eligible for this a resident
  8 16 license, whether or not examinations shall be given, and the
  8 17 type of examination.  No None of the requirements of the law
  8 18 pertaining to for regular permanent licensure shall be are
  8 19 mandatory for this resident licensure except as specifically
  8 20 designated by the board.  The granting issuance of a resident
  8 21 dentist's license does shall not in any way indicate that the
  8 22 person so licensed is necessarily eligible for regular
  8 23 licensure, nor is the board in any way obligated to so license
  8 24 such individual.  The board may revoke said a resident license
  8 25 at any time it shall determine either that the caliber of work
  8 26 done by a licensee or the type of supervision being given such
  8 27 licensee does not conform to reasonable standards established
  8 28 by the board.
  8 29    Sec. 18.  Section 153.31, Code 2001, is amended to read as
  8 30 follows:
  8 31    153.31  FALSIFICATION IN APPLICATION FOR RENEWAL.
  8 32    A license to practice either dentistry or dental hygiene,
  8 33 or registration as a dental assistant, shall be revoked or
  8 34 suspended in the manner and upon the grounds elsewhere
  8 35 provided in this chapter, and also when the certificate
  9  1 accompanying the application of such licensee or registrant
  9  2 for renewal of license or registration filed with the board is
  9  3 not in all material respects true.
  9  4    Sec. 19.  Section 153.33, subsections 1 and 2, Code 2001,
  9  5 are amended to read as follows:
  9  6    1.  To initiate investigations of and conduct hearings on
  9  7 all matters or complaints relating to the practice of
  9  8 dentistry, or dental hygiene, or dental assisting or
  9  9 pertaining to the enforcement of any provision of this
  9 10 chapter, to provide for mediation of disputes between
  9 11 licensees or registrants and their patients when specifically
  9 12 recommended by the board, to revoke or suspend licenses or
  9 13 registrations, or the renewal thereof, issued under this or
  9 14 any prior chapter, to provide for restitution to patients, and
  9 15 to otherwise discipline licensees and registrants.
  9 16    Subsequent to an investigation by the board, the board may
  9 17 appoint a disinterested third party to mediate disputes
  9 18 between licensees or registrants and patients.  Referral of a
  9 19 matter to mediation shall not preclude the board from taking
  9 20 disciplinary action against the affected licensee or
  9 21 registrant.
  9 22    2.  To appoint investigators, who shall not be members of
  9 23 the examining board, to administer and aid in the enforcement
  9 24 of the provisions of law relating to those persons licensed to
  9 25 practice dentistry and dental hygiene, and persons registered
  9 26 as dental assistants.  The amount of compensation for the
  9 27 investigators shall be determined pursuant to chapter 19A.
  9 28 Investigators authorized by the board of dental examiners have
  9 29 the powers and status of peace officers when enforcing this
  9 30 chapter and chapters 147 and 272C.
  9 31    Sec. 20.  Section 153.33, subsection 5, paragraph f, Code
  9 32 2001, is amended to read as follows:
  9 33    f.  If the licensee or registrant pleads guilty, or after
  9 34 hearing shall be found guilty by the board of any of the
  9 35 charges made, it may suspend for a limited period or revoke
 10  1 the license or registration, and the last renewal thereof, and
 10  2 shall enter the order on its records and notify the accused of
 10  3 the revocation or suspension of the person's license or
 10  4 registration, as the case may be, who shall thereupon
 10  5 forthwith surrender that license or registration to the board.
 10  6 Any such person whose license or registration has been so
 10  7 revoked or suspended shall not thereafter and while such
 10  8 revocation or suspension is in force and effect practice
 10  9 dentistry, or dental hygiene, or dental assisting within this
 10 10 state.
 10 11    Sec. 21.  Section 153.34, Code 2001, is amended to read as
 10 12 follows:
 10 13    153.34  DISCIPLINE.
 10 14    The board may issue an order to discipline a licensed
 10 15 dentist or dental hygienist, or registered dental assistant,
 10 16 for any of the grounds set forth in this chapter, chapter
 10 17 272C, or Title IV.  Notwithstanding section 272C.3, licensee
 10 18 or registrant discipline may include a civil penalty not to
 10 19 exceed ten thousand dollars.  Pursuant to this section, the
 10 20 board may discipline a licensee or registrant for any of the
 10 21 following reasons:
 10 22    1.  For fraud or deceit in procuring the license or
 10 23 registration or the renewal thereof to practice dentistry, or
 10 24 dental hygiene, or dental assisting.
 10 25    2.  For being guilty of willful and gross malpractice or
 10 26 willful and gross neglect in the practice of dentistry, or
 10 27 dental hygiene, or dental assisting.
 10 28    3.  For fraud in representation as to skill or ability.
 10 29    4.  For willful or repeated violations of this chapter,
 10 30 this subtitle, or the rules of the state board of dentistry.
 10 31    5.  For obtaining any fee by fraud or misrepresentation.
 10 32    6.  For having failed to pay license or registration fees
 10 33 as provided herein.
 10 34    7.  For gross immorality or dishonorable or unprofessional
 10 35 conduct in the practice of dentistry, or dental hygiene, or
 11  1 dental assisting.
 11  2    8.  For the use of the name "clinic", "institute", or other
 11  3 title of similar import that may suggest a public or
 11  4 semipublic activity to designate what is in fact an individual
 11  5 or group private practice.
 11  6    9. 8.  For failure to maintain a reasonably satisfactory
 11  7 standard of competency in the practice of dentistry, or dental
 11  8 hygiene, or dental assisting.
 11  9    10. 9.  For the conviction of a felony in the courts of
 11 10 this state or another state, territory, or country.
 11 11 Conviction as used in this subsection includes a conviction of
 11 12 an offense which if committed in this state would be a felony
 11 13 without regard to its designation elsewhere, and includes a
 11 14 finding or verdict of guilt made or returned in a criminal
 11 15 proceeding even if the adjudication of guilt is withheld or
 11 16 not entered.  A certified copy of the final order or judgment
 11 17 of conviction or plea of guilty in this state or in another
 11 18 state constitutes conclusive evidence of the conviction.
 11 19    11. 10.  For a violation of a law of this state, another
 11 20 state, or the United States, without regard to its designation
 11 21 as either a felony or misdemeanor, which law relates to the
 11 22 practice of dentistry, or dental hygiene, or dental assisting.
 11 23 A certified copy of the final order or judgment of conviction
 11 24 or plea of guilty in this state or in another state
 11 25 constitutes conclusive evidence of the conviction.
 11 26    12. 11.  The revocation or suspension of a license or
 11 27 registration to practice dentistry, or dental hygiene, or
 11 28 dental assisting or other disciplinary action taken by a
 11 29 licensing authority of another state, territory, or country.
 11 30 A certified copy of the record or order of suspension,
 11 31 revocation, or disciplinary action is conclusive or prima
 11 32 facie evidence.
 11 33    13. 12.  Knowingly aiding, assisting, procuring, or
 11 34 advising a person to unlawfully practice dentistry, or dental
 11 35 hygiene, or dental assisting.
 12  1    14. 13.  For an adjudication of mental incompetence by a
 12  2 court of competent jurisdiction.  Such adjudication shall
 12  3 automatically suspend a license or registration for the
 12  4 duration of the license or registration unless the board
 12  5 orders otherwise.
 12  6    15. 14.  Inability to practice dentistry, or dental
 12  7 hygiene, or dental assisting with reasonable skill and safety
 12  8 by reason of illness, drunkenness, or habitual or excessive
 12  9 use of drugs, intoxicants, narcotics, chemicals, or other
 12 10 types of materials or as a result of a mental or physical
 12 11 condition.  At reasonable intervals following suspension or
 12 12 revocation under this subsection, a dentist, or a dental
 12 13 hygienist, or dental assistant shall be afforded an
 12 14 opportunity to demonstrate that the dentist, or the dental
 12 15 hygienist, or dental assistant can resume the competent
 12 16 practice of dentistry, or dental hygiene, or dental assisting
 12 17 with reasonable skill and safety to patients.
 12 18    16. 15.  For being a party to or assisting in any violation
 12 19 of any provision of this chapter.
 12 20    Sec. 22.  Section 153.37, Code 2001, is amended to read as
 12 21 follows:
 12 22    153.37  DENTAL COLLEGE AND DENTAL HYGIENE PROGRAM FACULTY
 12 23 PERMITS.
 12 24    The state board of dental examiners may issue to members of
 12 25 the faculty of the college of dentistry a faculty permit
 12 26 entitling the holder to practice dentistry or dental hygiene
 12 27 within the a college of dentistry or a dental hygiene program
 12 28 and affiliated teaching facilities as an adjunct to the
 12 29 faculty members' member's teaching positions position,
 12 30 associated responsibilities, and functions.  The dean of the
 12 31 college of dentistry or chairperson of a dental hygiene
 12 32 program shall certify to the state board of dental examiners
 12 33 those bona fide members of the college's or a dental hygiene
 12 34 program's faculty who are not licensed and registered to
 12 35 practice dentistry or dental hygiene in Iowa.  Any faculty
 13  1 member so certified shall, prior to commencing the member's
 13  2 duties in the college of dentistry or a dental hygiene
 13  3 program, make written application to the state board of dental
 13  4 examiners for a permit.  The permit shall expire on the first
 13  5 day of July next following the date of issuance be for a
 13  6 period determined by the board and may be renewed at the
 13  7 discretion of the state board of dental examiners, be renewed
 13  8 on a yearly basis.  The fee for the faculty permit and the
 13  9 renewal shall be set by the state board of dental examiners
 13 10 based upon the administrative cost of issuance of the permit.
 13 11 The fee shall be deposited in the same manner as fees provided
 13 12 for in section 147.82.  The faculty permit shall be valid
 13 13 during the time the holder remains a member of the faculty of
 13 14 the college of dentistry and shall subject the holder to all
 13 15 provisions of this chapter.
 13 16    Sec. 23.  Section 153.39, subsection 3, Code 2001, is
 13 17 amended to read as follows:
 13 18    3.  Individuals employed as a dental assistant as of July
 13 19 1, 2001, shall be registered with the board and receive a
 13 20 certificate of registration, and individuals employed as a
 13 21 dental assistant after July 1, 2001, shall have a sixty-day
 13 22 six-month period following their first date of employment
 13 23 after July 1, 2001, to comply with the provisions of
 13 24 subsection 1.
 13 25    Sec. 24.  Section 155A.3, subsection 31, Code 2001, is
 13 26 amended to read as follows:
 13 27    31.  "Prescription drug order" means a written order from a
 13 28 practitioner or an oral order from a practitioner or the
 13 29 practitioner's authorized agent who communicates the
 13 30 practitioner's instructions, to a pharmacist for a
 13 31 prescription drug or device to be dispensed.
 13 32    Sec. 25.  Section 155A.33, Code Supplement 2001, is amended
 13 33 to read as follows:
 13 34    155A.33  DELEGATION OF TECHNICAL FUNCTIONS.
 13 35    A pharmacist may delegate technical dispensing functions to
 14  1 pharmacy technicians, but only if the pharmacist is physically
 14  2 present to verify the accuracy and completeness of the
 14  3 patient's prescription prior to the delivery of the
 14  4 prescription to the patient or the patient's representative.
 14  5 However, the physical presence requirement does not apply when
 14  6 a pharmacist is utilizing an automated dispensing system.
 14  7 When using an automated dispensing system, the pharmacist
 14  8 shall utilize an internal quality control assurance plan that
 14  9 ensures accuracy for dispensing.  Verification of automated
 14 10 dispensing accuracy and completeness remains the
 14 11 responsibility of the pharmacist and shall be determined in
 14 12 accordance with rules adopted by the board.
 14 13    Sec. 26.  Section 272C.3, subsection 1, paragraph d, Code
 14 14 Supplement 2001, is amended to read as follows:
 14 15    d.  Determine in any case whether an investigation, or
 14 16 further investigation, or a disciplinary proceeding is
 14 17 warranted.  Notwithstanding the provisions of chapter 17A, a
 14 18 determination by a licensing board that an investigation is
 14 19 not warranted or that an investigation should be closed
 14 20 without initiating a disciplinary proceeding is not subject to
 14 21 judicial review pursuant to section 17A.19;
 14 22    Sec. 27.  Section 272C.5, subsection 2, paragraph c, Code
 14 23 Supplement 2001, is amended to read as follows:
 14 24    c.  Shall state whether the procedures are an alternative
 14 25 to or an addition to the procedures stated in sections 147.58
 14 26 through 147.71, 148.6 through 148.9, 152.10 and 152.11, 153.23
 14 27 through 153.30, 153.33, and 154A.23, 542B.22, 542C.23,
 14 28 543B.35, 543B.36, and 544B.16.
 14 29    Sec. 28.  NEW SECTION.  633.518  PRESUMPTION OF DEATH –
 14 30 PETITION AND INQUIRY.
 14 31    If a petition is presented by an interested person to a
 14 32 district judge or magistrate alleging that a designated person
 14 33 has disappeared and after a diligent search cannot be found,
 14 34 and if it appears to the satisfaction of the judge or
 14 35 magistrate that the circumstances surrounding the
 15  1 disappearance afford reasonable grounds for the belief that
 15  2 the person has suffered death from accidental or other violent
 15  3 means, the judge or magistrate shall summon and impanel a jury
 15  4 of six qualified persons to inquire into the facts surrounding
 15  5 and the presumption to be raised from the disappearance.  If
 15  6 no one submits a petition within forty days of the reported
 15  7 disappearance, a judge or magistrate may submit the petition
 15  8 from personal knowledge of the case.
 15  9    Sec. 29.  NEW SECTION.  633.519  PRESUMPTION OF DEATH –
 15 10 VERDICT AND ENTRY OF ORDER.
 15 11    If a jury in an inquiry regarding the disappearance of an
 15 12 individual renders a unanimous verdict in writing that
 15 13 sufficient evidence has been presented to them from which it
 15 14 fairly may be presumed that the missing person has met death,
 15 15 and if the judge or magistrate concurs in the verdict, then,
 15 16 after a period of six months has elapsed, the person shall be
 15 17 presumed to be dead and the judge or magistrate shall enter an
 15 18 order to that effect.  However, in cases where there is clear
 15 19 and convincing evidence of the presumed death, the judge or
 15 20 magistrate may enter the order prior to the elapsing of the
 15 21 six-month period.
 15 22    Sec. 30.  NEW SECTION.  633.520  PRESUMPTION OF DEATH –
 15 23 NATURAL OR MAN-MADE DISASTER.
 15 24    A written finding of presumed death of a person resulting
 15 25 from a natural or man-made disaster, made by a local, state,
 15 26 or federal officer or employee authorized to make such a
 15 27 finding, or a duly certified copy of such a finding, shall be
 15 28 received by a judge or magistrate as evidence of the death of
 15 29 the person therein found to be dead, and of the date,
 15 30 circumstances, and place of the disappearance.  Upon receipt
 15 31 of such evidence the judge or magistrate may enter an order of
 15 32 presumption of death of the person.  Upon presentation of a
 15 33 certified court order, a certificate of death shall be filed
 15 34 pursuant to section 144.26.
 15 35    Sec. 31.  Sections 153.23 through 153.30, Code 2001, are
 16  1 repealed.  
 16  2 
 16  3 
 16  4                                                             
 16  5                               BRENT SIEGRIST
 16  6                               Speaker of the House
 16  7 
 16  8 
 16  9                                                             
 16 10                               MARY E. KRAMER
 16 11                               President of the Senate
 16 12 
 16 13    I hereby certify that this bill originated in the House and
 16 14 is known as House File 2547, Seventy-ninth General Assembly.
 16 15 
 16 16 
 16 17                                                             
 16 18                               MARGARET THOMSON
 16 19                               Chief Clerk of the House
 16 20 Approved                , 2002
 16 21 
 16 22 
 16 23                            
 16 24 THOMAS J. VILSACK
 16 25 Governor
     
Text: HF02546                           Text: HF02548
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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