Text: HSB00696 Text: HSB00698 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.210, subsection 3, Code 2001, is 1 2 amended by adding the following new paragraph o and 1 3 relettering the subsequent paragraphs: 1 4 NEW PARAGRAPH. o. Dichloralphenazone. 1 5 Sec. 2. Section 124B.2, subsection 1, paragraph o, Code 1 6 2001, is amended to read as follows: 1 7 o.InsosafroleIsosafrole. 1 8 Sec. 3. Section 124B.2, subsection 1, Code 2001, is 1 9 amended by adding the following new paragraph: 1 10 NEW PARAGRAPH. w. Gamma-Butyrolactone (also known as GBL; 1 11 Dihydro-2(3H)-furanone; 1,2-Butanolide; 1,4-Butanolide; 4- 1 12 Hydroxybutanoic acid lactone; or gamma-hydroxy-butyric acid 1 13 lactone). 1 14 Sec. 4. Section 125.13, subsection 1, unnumbered paragraph 1 15 2, Code 2001, is amended to read as follows: 1 16ThreeFour types of licenses may be issued by the 1 17 department. A renewable license may be issued for one,or1 18 two, or three years.Treatment programsA treatment program 1 19 applying fortheirits initial license may be issued a license 1 20 for two hundred seventy days. A license issued for two 1 21 hundred seventy days shall not be renewed or extended. 1 22 Sec. 5. Section 125.14, Code 2001, is amended to read as 1 23 follows: 1 24 125.14 LICENSES – RENEWAL – FEES. 1 25 The commission shall meet to consider all cases involving 1 26 initial issuance, and renewal, denial, suspension, or 1 27 revocation of a license. The department shall issue a license 1 28 to an applicant whom the commission determines meets the 1 29 licensing requirements of this chapter. Licenses shall expire 1 30 no later thantwothree years from the date of issuance and 1 31 shall be renewed upon timely application made in the same 1 32 manner as for initial issuance of a license unless notice of 1 33 nonrenewal is given to the licensee at least thirty days prior 1 34 to the expiration of the license. The department shall not 1 35 charge a fee for licensing or renewal of programs contracting 2 1 with the department for provision of treatment services. A 2 2 fee may be charged to other licensees. 2 3 Sec. 6. Section 135.11, Code Supplement 2001, is amended 2 4 by adding the following new subsection: 2 5 NEW SUBSECTION. 9A. Establish, publish, and enforce rules 2 6 which require persons, companies, corporations, and other 2 7 entities to obtain a permit from the department prior to 2 8 scattering cremated human remains. 2 9 Sec. 7. Section 135.24, subsection 5, Code Supplement 2 10 2001, is amended to read as follows: 2 11 5. For the purposes of this section, "health care 2 12 provider" means a physician licensed under chapter 148, 150, 2 13 or 150A, a physician assistant licensed and practicing under a 2 14 supervising physician pursuant to chapter 148C, a licensed 2 15 practical nurse, a registered nurse, or a dentist, dental 2 16 hygienist, or dental assistant registered or licensed to 2 17 practice under chapter 153. 2 18 Sec. 8. Section 135.104, subsection 3, Code 2001, is 2 19 amended to read as follows: 2 20 3. A screening program for children, with emphasis on 2 21 children less thanfivesix years of age. 2 22 Sec. 9. Section 136C.4, subsection 1, Code 2001, is 2 23 amended to read as follows: 2 24 1. It is unlawful to operate or use radiation machines or 2 25 radioactive material in violation of this chapter or of any 2 26 rule adopted pursuant to this chapter. Persons convicted of 2 27 violating a provision of this chapter are guilty of asimple2 28 serious misdemeanor. 2 29 Sec. 10. Section 144.26, Code 2001, is amended by adding 2 30 the following new subsection: 2 31 NEW SUBSECTION. 4. a. The department shall establish by 2 32 rule procedures for making a finding of presumption of death 2 33 when no body can be found. The department shall also provide 2 34 by rule the responsibility for completing and signing the 2 35 medical certification of cause of death in such circumstances. 3 1 The presumptive death certificate shall be in a form 3 2 prescribed by the state registrar and filed in the county 3 3 where the death was presumed to occur. 3 4 b. The division shall provide for the correction, 3 5 substitution, or removal of a presumptive death certificate 3 6 when the body of the person is later found, additional facts 3 7 are discovered, or the person is discovered to be alive. 3 8 Sec. 11. Section 147.10, Code 2001, is amended to read as 3 9 follows: 3 10 147.10 RENEWAL. 3 11 Every license to practice a profession shall expire in 3 12 multiyear intervals and be renewed as determined by the board 3 13 upon application by the licensee, without examination. 3 14 Application for renewal shall be madein writingto the 3 15 department accompanied by the required fee at least thirty 3 16 days prior to the expiration of such license. Every renewal 3 17 shall be displayed in connection with the original license. 3 18The department shall notify each licensee by mail prior to the3 19expiration of a license.Failure to renew the license within 3 20 a reasonable time after the expiration shall not invalidate 3 21 the license, but a reasonable penalty may be assessed by the 3 22 board. 3 23 Sec. 12. Section 147.107, subsection 2, unnumbered 3 24 paragraphs 1 and 2, Code Supplement 2001, are amended to read 3 25 as follows: 3 26 A pharmacist, physician, dentist, or podiatric physician 3 27 who dispenses prescription drugs, including but not limited to 3 28 controlled substances, for human use, may delegate 3 29 nonjudgmental dispensing functions to staff assistants only 3 30 when verification of the accuracy and completeness of the 3 31 prescription is determined by the pharmacist or practitioner 3 32 in the pharmacist's or practitioner's physical presence. 3 33 However, the physical presence requirement does not apply when 3 34 a pharmacist or practitioner is utilizing an automated 3 35 dispensing system. When using an automated dispensing system 4 1 the pharmacist or practitioner shall utilize an internal 4 2 quality control assurance plan that ensures accuracy for 4 3 dispensing. Verification of automated dispensing accuracy and 4 4 completeness remains the responsibility of the pharmacist or 4 5 practitioner and shall be determined in accordance with rules 4 6 adopted by the boards of pharmacy, medicine, dentistry, and 4 7 podiatry for their respective licensees. 4 8 A dentist, physician, or podiatric physician who dispenses 4 9 prescription drugs, other than drug samples, pursuant to this 4 10 subsection, shallannuallyregister the fact that they 4 11 dispense prescription drugs with the practitioner's respective 4 12 examining board at least biennially.A physician doing so4 13shall register biennially.4 14 Sec. 13. Section 147.151, subsections 3 and 4, Code 2001, 4 15 are amended to read as follows: 4 16 3. The "practice of audiology" means the application of 4 17 principles, methods, and procedures for assessment, 4 18 measurement, testing, evaluation, prediction, consultation, 4 19 counseling, instruction, research, habilitation, 4 20 rehabilitation, conservation, prevention, or remediation 4 21 related to hearing,anddisorders of hearing, balance, and 4 22 associated communication disorders for the purpose of 4 23 nonmedically evaluating, identifying, preventing, 4 24 ameliorating, modifying, or remediating such disorders and 4 25 conditions in individuals or groups of individuals, including 4 26 the determination and use of appropriate amplification. 4 27 4. The "practice of speech pathology" means the 4 28 application of principles, methods, and procedures for the 4 29 assessment, measurement, testing, evaluation, prediction, 4 30 consultation, counseling, instruction, research, habilitation, 4 31 rehabilitation, prevention, or remediation related to the 4 32 development and disorders of speech, fluency, voice, or 4 33 language for the purposes of nonmedically evaluating, 4 34 preventing, ameliorating, modifying, or remediating such 4 35 disorders and conditions in individuals or groups of 5 1 individuals. 5 2 Sec. 14. Section 147.153, subsection 2, Code 2001, is 5 3 amended to read as follows: 5 4 2. For a license as an audiologist meet either of the 5 5 following requirements: 5 6 a. Satisfaction of all of the following requirements: 5 7 (1) Possess a master's degree or its equivalent from an 5 8 accredited school, college, or university with a major in 5 9 audiology. 5 10b.(2) Show evidence of completion of not less than three 5 11 hundred hours of supervised clinical training in audiology as 5 12 a student in an accredited school, college, or university. 5 13c.(3) Show evidence of completion of not less than nine 5 14 months clinical experience under the supervision of a licensed 5 15 audiologist following the receipt of the master's degree. 5 16 b. Hold a doctoral degree in audiology, or its equivalent, 5 17 from an accredited educational institution which incorporates 5 18 the academic course work and the minimum hours of supervised 5 19 training required by the rules adopted by the board. 5 20 Sec. 15. NEW SECTION. 147.157 REFERRAL. 5 21 Audiology evaluation and treatment may be rendered by an 5 22 audiologist with or without a referral from a physician. 5 23 Speech pathology evaluation and treatment may be rendered by a 5 24 speech pathologist with or without a referral from a 5 25 physician. 5 26 Sec. 16. Section 148A.4, subsection 1, Code 2001, is 5 27 amended to read as follows: 5 28 1.Complete a course of study in, and hold a diploma or5 29certificate issued by, a school of physical therapy accredited5 30by the American physical therapy association or another5 31appropriate accrediting bodyBe a graduate of a professional 5 32 physical therapy education program accredited by a national 5 33 accreditation agency approved by the board of physical and 5 34 occupational therapy examiners, and meet requirements as 5 35 established by rules of the board of physical and occupational 6 1 therapy examiners. 6 2 Sec. 17. Section 148A.6, subsection 3, paragraph a, Code 6 3 2001, is amended to read as follows: 6 4 a.Successfully complete a course of study for the6 5physical therapist assistant accredited by the commission on6 6accreditation in education of the American physical therapy6 7association, or another appropriate accrediting bodyBe a 6 8 graduate of a professional physical therapist assistant 6 9 education program accredited by a national accreditation 6 10 agency approved by the board of physical and occupational 6 11 therapy examiners, and meet other requirements established by 6 12 the rules of the board of physical and occupational therapy 6 13 examiners. 6 14 Sec. 18. Section 148B.5, subsection 2, Code 2001, is 6 15 amended by striking the subsection. 6 16 Sec. 19. NEW SECTION. 153.19 TEMPORARY PERMIT – FEES. 6 17 1. The board may, in its discretion, issue a temporary 6 18 permit authorizing the permit holder to practice dentistry or 6 19 dental hygiene in a specific location or locations and for a 6 20 specified period of time if, in the opinion of the board, a 6 21 need exists and the person possesses the qualifications 6 22 prescribed by the board for the permit, which shall be 6 23 substantially equivalent to those required for licensure under 6 24 this chapter. The board shall determine in each instance 6 25 those eligible for this permit, whether or not examinations 6 26 shall be given, and the type of examinations. None of the 6 27 requirements for regular licensure under this chapter are 6 28 mandatory for a temporary permit except as specifically 6 29 designated by the board. The issuance of a temporary permit 6 30 shall not in any way indicate that the permit holder is 6 31 necessarily eligible for regular licensure, nor is the board 6 32 in any way obligated to so license the person. 6 33 2. A temporary permit shall be issued for a period 6 34 determined by the board and may be renewed at the discretion 6 35 of the board. The fee for a temporary permit and the fee for 7 1 renewal shall be set by the board. The fees shall be based on 7 2 the administrative costs of issuing and renewing the permits. 7 3 The board may revoke a temporary permit at any time, without a 7 4 hearing, for reasons deemed sufficient by the board. 7 5 3. If the board revokes a temporary permit, it shall 7 6 promptly notify the permit holder by registered mail, at the 7 7 last known address of the permit holder, and the temporary 7 8 permit shall be revoked and of no further force and effect 7 9 three days after the giving of the notice to the permit 7 10 holder. 7 11 Sec. 20. Section 153.21, Code 2001, is amended by striking 7 12 the section and inserting in lieu thereof the following: 7 13 153.21 LICENSE BY CREDENTIALS. 7 14 The board may issue a license under this chapter without 7 15 examination to an applicant who furnishes satisfactory proof 7 16 that the applicant holds a license from a similar dental board 7 17 under equal or substantially equal requirements to those of 7 18 this state, and who for three consecutive years immediately 7 19 prior to the filing of the application in this state has been 7 20 in a legal practice of dentistry or dental hygiene in such 7 21 other state, territory, or district of the United States, and 7 22 who furnishes such other evidence as to the applicant's 7 23 qualifications and lawful practice as the board may require. 7 24 Sec. 21. Section 153.22, Code 2001, is amended to read as 7 25 follows: 7 26 153.22 RESIDENTDENTISTLICENSE. 7 27AnyA dentist,or dental hygienist whois a graduate of an7 28accredited dental school andis serving only as a resident, 7 29 intern, or graduate studentdentistand who is not licensed to 7 30 practicedentistryin this state, shall beis required to 7 31 obtain from the board of dentistry a temporary or special 7 32 license to practice as a resident, intern, or graduatedentist7 33 student. The license shall be designated "ResidentDentist7 34 License" and shall authorize the licensee to serve as a 7 35 resident, intern, or graduate student only, under the 8 1 supervision of a licensed practitionerof dentistry, in an 8 2 institution approved for this purpose by the board. Such 8 3 license shall bevalid for one year and may berenewed at the 8 4 discretion of the board. The fee forthisa resident license 8 5 and theannualrenewal fee shall be set by the board based 8 6 upon the cost of issuance of the license. The board shall 8 7 determine in each instance those eligible forthisa resident 8 8 license, whether or not examinations shall be given, and the 8 9 type of examination.NoNone of the requirementsof the law8 10pertaining tofor regular permanent licensureshall beare 8 11 mandatory forthisresident licensure except as specifically 8 12 designated by the board. Thegrantingissuance of a resident 8 13dentist'slicensedoesshall not in any way indicate that the 8 14 person so licensed is necessarily eligible for regular 8 15 licensure, nor is the board in any way obligated to so license 8 16 such individual. The board may revokesaida resident license 8 17 at any time it shall determine either that the caliber of work 8 18 done by a licensee or the type of supervision being given such 8 19 licensee does not conform to reasonable standards established 8 20 by the board. 8 21 Sec. 22. Section 153.31, Code 2001, is amended to read as 8 22 follows: 8 23 153.31 FALSIFICATION IN APPLICATION FOR RENEWAL. 8 24 A license to practice either dentistry or dental hygiene, 8 25 or registration as a dental assistant, shall be revoked or 8 26 suspended in the manner and upon the grounds elsewhere 8 27 provided in this chapter, and also when the certificate 8 28 accompanying the application of such licensee or registrant 8 29 for renewal of license or registration filed with the board is 8 30 not in all material respects true. 8 31 Sec. 23. Section 153.33, subsections 1 and 2, Code 2001, 8 32 are amended to read as follows: 8 33 1. To initiate investigations of and conduct hearings on 8 34 all matters or complaints relating to the practice of 8 35 dentistry,ordental hygiene, or dental assisting or 9 1 pertaining to the enforcement of any provision of this 9 2 chapter, to provide for mediation of disputes between 9 3 licensees or registrants and their patients when specifically 9 4 recommended by the board, to revoke or suspend licenses or 9 5 registrations, or the renewal thereof, issued under this or 9 6 any prior chapter, to provide for restitution to patients, and 9 7 to otherwise discipline licensees and registrants. 9 8 Subsequent to an investigation by the board, the board may 9 9 appoint a disinterested third party to mediate disputes 9 10 between licensees or registrants and patients. Referral of a 9 11 matter to mediation shall not preclude the board from taking 9 12 disciplinary action against the affected licensee or 9 13 registrant. 9 14 2. To appoint investigators, who shall not be members of 9 15 the examining board, to administer and aid in the enforcement 9 16 of the provisions of law relating to those persons licensed to 9 17 practice dentistry and dental hygiene, and persons registered 9 18 as dental assistants. The amount of compensation for the 9 19 investigators shall be determined pursuant to chapter 19A. 9 20 Investigators authorized by the board of dental examiners have 9 21 the powers and status of peace officers when enforcing this 9 22 chapter and chapters 147 and 272C. 9 23 Sec. 24. Section 153.33, subsection 5, paragraph f, Code 9 24 2001, is amended to read as follows: 9 25 f. If the licensee or registrant pleads guilty, or after 9 26 hearing shall be found guilty by the board of any of the 9 27 charges made, it may suspend for a limited period or revoke 9 28 the license or registration, and the last renewal thereof, and 9 29 shall enter the order on its records and notify the accused of 9 30 the revocation or suspension of the person's license or 9 31 registration, as the case may be, who shall thereupon 9 32 forthwith surrender that license or registration to the board. 9 33 Any such person whose license or registration has been so 9 34 revoked or suspended shall not thereafter and while such 9 35 revocation or suspension is in force and effect practice 10 1 dentistry,ordental hygiene, or dental assisting within this 10 2 state. 10 3 Sec. 25. Section 153.34, Code 2001, is amended to read as 10 4 follows: 10 5 153.34 DISCIPLINE. 10 6 The board may issue an order to discipline a licensed 10 7 dentist or dental hygienist, or registered dental assistant, 10 8 for any of the grounds set forth in this chapter, chapter 10 9 272C, or Title IV. Notwithstanding section 272C.3, licensee 10 10 or registrant discipline may include a civil penalty not to 10 11 exceed ten thousand dollars. Pursuant to this section, the 10 12 board may discipline a licensee or registrant for any of the 10 13 following reasons: 10 14 1. For fraud or deceit in procuring the license or 10 15 registration or the renewal thereof to practice dentistry,or10 16 dental hygiene, or dental assisting. 10 17 2. For being guilty of willful and gross malpractice or 10 18 willful and gross neglect in the practice of dentistry,or10 19 dental hygiene, or dental assisting. 10 20 3. For fraud in representation as to skill or ability. 10 21 4. For willful or repeated violations of this chapter, 10 22 this subtitle, or the rules of the state board of dentistry. 10 23 5. For obtaining any fee by fraud or misrepresentation. 10 24 6. For having failed to pay license or registration fees 10 25 as provided herein. 10 26 7. For gross immorality or dishonorable or unprofessional 10 27 conduct in the practice of dentistry,ordental hygiene, or 10 28 dental assisting. 10 298. For the use of the name "clinic", "institute", or other10 30title of similar import that may suggest a public or10 31semipublic activity to designate what is in fact an individual10 32or group private practice.10 339.8. For failure to maintain a reasonably satisfactory 10 34 standard of competency in the practice of dentistry,ordental 10 35 hygiene, or dental assisting. 11 110.9. For the conviction of a felony in the courts of 11 2 this state or another state, territory, or country. 11 3 Conviction as used in this subsection includes a conviction of 11 4 an offense which if committed in this state would be a felony 11 5 without regard to its designation elsewhere, and includes a 11 6 finding or verdict of guilt made or returned in a criminal 11 7 proceeding even if the adjudication of guilt is withheld or 11 8 not entered. A certified copy of the final order or judgment 11 9 of conviction or plea of guilty in this state or in another 11 10 state constitutes conclusive evidence of the conviction. 11 1111.10. For a violation of a law of this state, another 11 12 state, or the United States, without regard to its designation 11 13 as either a felony or misdemeanor, which law relates to the 11 14 practice of dentistry,ordental hygiene, or dental assisting. 11 15 A certified copy of the final order or judgment of conviction 11 16 or plea of guilty in this state or in another state 11 17 constitutes conclusive evidence of the conviction. 11 1812.11. The revocation or suspension of a license or 11 19 registration to practice dentistry,ordental hygiene, or 11 20 dental assisting or other disciplinary action taken by a 11 21 licensing authority of another state, territory, or country. 11 22 A certified copy of the record or order of suspension, 11 23 revocation, or disciplinary action is conclusive or prima 11 24 facie evidence. 11 2513.12. Knowingly aiding, assisting, procuring, or 11 26 advising a person to unlawfully practice dentistry,ordental 11 27 hygiene, or dental assisting. 11 2814.13. For an adjudication of mental incompetence by a 11 29 court of competent jurisdiction. Such adjudication shall 11 30 automatically suspend a license or registration for the 11 31 duration of the license or registration unless the board 11 32 orders otherwise. 11 3315.14. Inability to practice dentistry,ordental 11 34 hygiene, or dental assisting with reasonable skill and safety 11 35 by reason of illness, drunkenness, or habitual or excessive 12 1 use of drugs, intoxicants, narcotics, chemicals, or other 12 2 types of materials or as a result of a mental or physical 12 3 condition. At reasonable intervals following suspension or 12 4 revocation under this subsection, a dentist,or adental 12 5 hygienist, or dental assistant shall be afforded an 12 6 opportunity to demonstrate that the dentist,or thedental 12 7 hygienist, or dental assistant can resume the competent 12 8 practice of dentistry,ordental hygiene, or dental assisting 12 9 with reasonable skill and safety to patients. 12 1016.15. For being a party to or assisting in any violation 12 11 of any provision of this chapter. 12 12 Sec. 26. Section 153.37, Code 2001, is amended to read as 12 13 follows: 12 14 153.37 DENTAL COLLEGE AND DENTAL HYGIENE PROGRAM FACULTY 12 15 PERMITS. 12 16 The state board of dental examiners may issueto members of12 17the faculty of the college of dentistrya faculty permit 12 18 entitling the holder to practice dentistry or dental hygiene 12 19 withinthea college of dentistry or a dental hygiene program 12 20 and affiliated teaching facilities as an adjunct to the 12 21 facultymembers'member's teachingpositionsposition, 12 22 associated responsibilities, and functions. The dean of the 12 23 college of dentistry or chairperson of a dental hygiene 12 24 program shall certify to the state board of dental examiners 12 25 those bona fide members of the college's or a dental hygiene 12 26 program's faculty who are not licensed and registered to 12 27 practice dentistry or dental hygiene in Iowa. Any faculty 12 28 member so certified shall, prior to commencing the member's 12 29 duties in the college of dentistry or a dental hygiene 12 30 program, make written application to the state board of dental 12 31 examiners for a permit. The permit shallexpire on the first12 32day of July next following the date of issuancebe for a 12 33 period determined by the board and may be renewed at the 12 34 discretion of the state board of dental examiners, be renewed12 35on a yearly basis. The fee for the faculty permit and the 13 1 renewal shall be set by the state board of dental examiners 13 2 based upon the administrative cost of issuance of the permit. 13 3 The fee shall be deposited in the same manner as fees provided 13 4 for in section 147.82. The faculty permit shall be valid 13 5 during the time the holder remains a member of the facultyof13 6the college of dentistryand shall subject the holder to all 13 7 provisions of this chapter. 13 8 Sec. 27. Section 153.39, subsection 3, Code 2001, is 13 9 amended to read as follows: 13 10 3. Individuals employed as a dental assistant as of July 13 11 1, 2001, shall be registered with the board and receive a 13 12 certificate of registration, and individuals employed as a 13 13 dental assistant after July 1, 2001, shall have asixty-day13 14 six-month period following their first date of employment 13 15 after July 1, 2001, to comply with the provisions of 13 16 subsection 1. 13 17 Sec. 28. Section 155A.3, subsection 31, Code 2001, is 13 18 amended to read as follows: 13 19 31. "Prescription drug order" means a written order from a 13 20 practitioner or an oral order from a practitioner or the 13 21 practitioner's authorized agent who communicates the 13 22 practitioner's instructions, to a pharmacistfor a 13 23 prescription drug or device to be dispensed. 13 24 Sec. 29. Section 155A.33, Code Supplement 2001, is amended 13 25 to read as follows: 13 26 155A.33 DELEGATION OF TECHNICAL FUNCTIONS. 13 27 A pharmacist may delegate technical dispensing functions to 13 28 pharmacy technicians, but only if the pharmacist is physically 13 29 present to verify the accuracy and completeness of the 13 30 patient's prescription prior to the delivery of the 13 31 prescription to the patient or the patient's representative. 13 32 However, the physical presence requirement does not apply when 13 33 a pharmacist is utilizing an automated dispensing system. 13 34 When using an automated dispensing system, the pharmacist 13 35 shall utilize an internal quality control assurance plan that 14 1 ensures accuracy for dispensing. Verification of automated 14 2 dispensing system accuracy and completeness remains the 14 3 responsibility of the pharmacist and shall be determined in 14 4 accordance with rules adopted by the board. 14 5 Sec. 30. Section 272C.3, subsection 1, paragraph d, Code 14 6 Supplement 2001, is amended to read as follows: 14 7 d. Determine in any case whether an investigation, or 14 8 further investigation, or a disciplinary proceeding is 14 9 warranted. Notwithstanding the provisions of chapter 17A, a 14 10 determination by a licensing board that an investigation is 14 11 not warranted or that an investigation should be closed 14 12 without initiating a disciplinary proceeding is not subject to 14 13 judicial review pursuant to section 17A.19; 14 14 Sec. 31. Section 272C.5, subsection 2, paragraph c, Code 14 15 Supplement 2001, is amended to read as follows: 14 16 c. Shall state whether the procedures are an alternative 14 17 to or an addition to the procedures stated in sections 147.58 14 18 through 147.71, 148.6 through 148.9, 152.10 and 152.11,153.2314 19through 153.30,153.33,and154A.23, 542B.22, 542C.23, 14 20 543B.35, 543B.36, and 544B.16. 14 21 Sec. 32. Section 272C.6, subsection 6, unnumbered 14 22 paragraph 1, Code Supplement 2001, is amended to read as 14 23 follows: 14 24 A board created pursuant to chapter 147, 154A, 155, 169, 14 25 542B, 542C, 543B, 543D, 544A, or 544B may charge a fee not to 14 26 exceedseventy-fiveseven hundred fifty dollars for conducting 14 27 a disciplinary hearing pursuant to this chapter which results 14 28 in disciplinary action taken against the licensee by the 14 29 board, and in addition to the fee, may recover from a licensee 14 30 the costs for the following procedures and associated 14 31 personnel: 14 32 Sec. 33. Section 272C.6, Code Supplement 2001, is amended 14 33 by adding the following new subsection: 14 34 NEW SUBSECTION. 7. A board may include in a settlement 14 35 agreement or disciplinary order a provision that the board 15 1 recover from a licensee or registrant actual costs associated 15 2 with monitoring a licensee's or registrant's compliance with 15 3 the settlement agreement or disciplinary order. Actual costs 15 4 include, but are not limited to, mileage, meals, lodging, and 15 5 the hourly rate of compensation paid to the board employees 15 6 responsible for monitoring compliance. The fees and costs 15 7 shall be considered repayment receipts as defined in section 15 8 8.2. 15 9 Sec. 34. NEW SECTION. 633.518 PRESUMPTION OF DEATH – 15 10 PETITION AND INQUIRY. 15 11 If a petition is presented by an interested person to a 15 12 district judge or magistrate alleging that a designated person 15 13 has disappeared and after a diligent search cannot be found, 15 14 and if it appears to the satisfaction of the judge or 15 15 magistrate that the circumstances surrounding the 15 16 disappearance afford reasonable grounds for the belief that 15 17 the person has suffered death from accidental or other violent 15 18 means, the judge or magistrate shall summon and impanel a jury 15 19 of six qualified persons to inquire into the facts surrounding 15 20 and the presumption to be raised from the disappearance. If 15 21 no one submits a petition within forty days of the reported 15 22 disappearance, a judge or magistrate may submit the petition 15 23 from personal knowledge of the case. 15 24 Sec. 35. NEW SECTION. 633.519 PRESUMPTION OF DEATH – 15 25 VERDICT AND ENTRY OF ORDER. 15 26 If a jury in an inquiry regarding the disappearance of an 15 27 individual renders a unanimous verdict in writing that 15 28 sufficient evidence has been presented to them from which it 15 29 fairly may be presumed that the missing person has met death, 15 30 and if the judge or magistrate concurs in the verdict, then, 15 31 after a period of six months has elapsed, the person shall be 15 32 presumed to be dead and the judge or magistrate shall enter an 15 33 order to that effect. However, in cases where there is clear 15 34 and convincing evidence of the presumed death, the judge or 15 35 magistrate may enter the order prior to the elapsing of the 16 1 six-month period. 16 2 Sec. 36. NEW SECTION. 633.520 PRESUMPTION OF DEATH – 16 3 NATURAL OR MAN-MADE DISASTER. 16 4 A written finding of presumed death of a person resulting 16 5 from a natural or man-made disaster, made by a local, state, 16 6 or federal officer or employee authorized to make such a 16 7 finding, or a duly certified copy of such a finding, shall be 16 8 received by a judge or magistrate as evidence of the death of 16 9 the person therein found to be dead, and of the date, 16 10 circumstances, and place of the disappearance. Upon receipt 16 11 of such evidence the judge or magistrate may enter an order of 16 12 presumption of death of the person. Upon presentation of a 16 13 certified court order, a certificate of death shall be filed 16 14 pursuant to section 144.26. 16 15 Sec. 37. Sections 153.23 through 153.30, Code 2001, are 16 16 repealed. 16 17 EXPLANATION 16 18 This bill provides for changes relating to certain programs 16 19 and public health issues under the purview of the Iowa 16 20 department of public health. 16 21 The bill provides for the addition and designation of the 16 22 substance dichloralphenazone as a controlled substance, and 16 23 the substance gamma-butyrolactone as a precursor substance. 16 24 The bill provides that the licensure period for substance 16 25 abuse treatment programs shall be changed from two to three 16 26 years. 16 27 The bill provides that an additional duty of the department 16 28 shall be to establish, publish, and enforce rules which 16 29 require persons, companies, corporations, and other entities 16 30 to obtain a permit from the department prior to scattering 16 31 cremated human remains. 16 32 The bill provides for the addition of dental hygienists and 16 33 dental assistants to the list of health care providers 16 34 eligible to participate in the voluntary health care provider 16 35 program. 17 1 The bill provides for a change in the age range for blood 17 2 lead screening for children, which is one of the requirements 17 3 for a program by a local board of health or city receiving 17 4 matching funds for an approved childhood lead poisoning 17 5 prevention grant program, from less than five to less than six 17 6 years of age. 17 7 The bill provides that the penalty for violations of the 17 8 radiological health statute shall be changed from a simple to 17 9 a serious misdemeanor. 17 10 The bill establishes a process for completion of 17 11 presumptive death certificates whereby procedures shall be 17 12 adopted by rule for a finding of presumption of death in 17 13 situations where no body can be found. The bill also 17 14 establishes procedures for situations in which a body cannot 17 15 be found based upon a natural or man-made disaster. The bill 17 16 provides that the department shall adopt rules providing for 17 17 responsibility for completing and signing the medical 17 18 certification of death in presumptive death circumstances, as 17 19 well as procedures for the correction, substitution, or 17 20 removal of certification when additional facts so warranting 17 21 arise or the person is discovered to be alive. 17 22 The bill provides for changes in the professional licensure 17 23 renewal notification requirements and application process 17 24 requirements to facilitate electronic renewal and alternative 17 25 notification processes. 17 26 The bill provides that the requirement that the dispensing 17 27 of prescription drugs may be delegated to staff assistants 17 28 only when verification of the prescription takes place in the 17 29 physical presence of a pharmacist or practitioner shall not 17 30 apply to utilization of an automated dispensing system. The 17 31 bill provides that the pharmacist or practitioner shall 17 32 utilize an internal quality control assurance plan that 17 33 ensures accuracy for the dispensing of prescriptions, and that 17 34 verification of an automated dispensing system's accuracy and 17 35 completeness remains the pharmacist's or practitioner's 18 1 responsibility. The bill provides that, in addition to 18 2 dentists and podiatric physicians, a physician dispensing 18 3 prescription drugs other than drug samples by means of an 18 4 automated dispensing system shall register that fact with the 18 5 appropriate examining board at least biennially. 18 6 The bill provides updated definitions and educational 18 7 requirements for audiologists and speech pathologists and 18 8 provides that these practitioners may provide services without 18 9 a referral from a physician. 18 10 The bill provides for a modification to national 18 11 accreditation standards for physical therapists, providing 18 12 that physical therapists shall be graduates of a professional 18 13 physical therapy education program accredited by a national 18 14 accreditation agency approved by the board of physical and 18 15 occupational therapy examiners. 18 16 The bill eliminates the ability of the board of physical 18 17 and occupational therapy examiners to waive educational 18 18 requirements relating to occupational therapists with five 18 19 years of practice. 18 20 The bill provides the board of dental examiners with 18 21 greater discretion in the granting of temporary practice 18 22 privileges, changes the experience requirement for out-of- 18 23 state dental license applicants from five to three years, and 18 24 makes changes regarding standards applicable to resident, 18 25 intern, and graduate dental students. 18 26 The bill provides for the addition of dental assisting and 18 27 registration of dental assistants to applicable licensure and 18 28 disciplinary Code sections. 18 29 The bill provides for a modification in the period of time 18 30 for dental faculty permits from one year to a period of time 18 31 determined by the board of dental examiners. 18 32 The bill provides that the period of time for dental 18 33 assistant registration for individuals employed as a dental 18 34 assistant after July 1, 2001, shall be expanded from 60 days 18 35 to six months following employment. 19 1 The bill provides for the specification of professional 19 2 licensure board authority to determine when further 19 3 investigation may be considered unwarranted, and that this 19 4 determination shall not be subject to judicial review. 19 5 The bill provides that the fee authorized to be charged by 19 6 an examining board for conducting a disciplinary hearing which 19 7 results in a disciplinary action being taken against a 19 8 licensee by the board shall be increased from $75 to $750. 19 9 The bill provides for a professional licensing board's 19 10 recovery of actual costs associated with monitoring compliance 19 11 with a settlement agreement or disciplinary order. 19 12 The bill provides for the repeal of provisions relating to 19 13 actions by the board of dental examiners concerning an 19 14 intention not to renew a license to practice dentistry or 19 15 dental hygiene. Specifically, provisions relating to a notice 19 16 of intent not to renew a license, time and place of a hearing 19 17 on that intention, confidentiality of that hearing, judicial 19 18 review, and reinstatement by examination, are repealed. 19 19 LSB 5307DP 79 19 20 rn/cls/14.1
Text: HSB00696 Text: HSB00698 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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