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Senate File 433

Partial Bill History

Bill Text

PAG LIN
  1  1                                             SENATE FILE 433
  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 124.204, subsection 5, Code 2001, is
  1 11 amended by adding the following new paragraph:
  1 12    NEW PARAGRAPH.  c.  Gamma-hydroxybutyric acid.  Some trade
  1 13 or other names:  GHB; gamma-hydroxybutyrate; 4-
  1 14 hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate;
  1 15 sodium oxybutyrate.
  1 16    Sec. 2.  Section 124.208, subsection 3, Code 2001, is
  1 17 amended by adding the following new paragraph:
  1 18    NEW PARAGRAPH.  m.  Any drug product containing gamma-
  1 19 hydroxybutyric acid, including its salts, isomers, and salts
  1 20 of isomers, for which an application is approved under section
  1 21 505 of the federal Food, Drug, and Cosmetic Act.
  1 22    Sec. 3.  Section 135.11, subsection 25, Code 2001, is
  1 23 amended to read as follows:
  1 24    25.  Establish ad hoc and advisory committees to the
  1 25 director in areas where technical expertise is not otherwise
  1 26 readily available.  Members may be compensated for their
  1 27 actual and necessary expenses incurred in the performance of
  1 28 their duties.  To encourage health consumer participation,
  1 29 public members may also receive a per diem as specified in
  1 30 section 7E.6 if funds are available and the per diem is
  1 31 determined to be appropriate by the director.  Expense moneys
  1 32 paid to the members shall be paid from funds appropriated to
  1 33 the department.  A majority of the members of such a committee
  1 34 constitutes a quorum.
  1 35    Sec. 4.  Section 135.105C, Code 2001, is amended by adding
  2  1 the following new subsection:
  2  2    NEW SUBSECTION.  3.  A person who violates this section is
  2  3 subject to a civil penalty not to exceed five thousand dollars
  2  4 for each offense.
  2  5    Sec. 5.  Section 135I.1, subsection 3, Code 2001, is
  2  6 amended to read as follows:
  2  7    3.  "Spa" means a bathing facility such as a hot tub or
  2  8 whirlpool designed for recreational or therapeutic use.
  2  9 However, "spa" does not include a facility used under direct
  2 10 supervision of qualified medical personnel.
  2 11    Sec. 6.  Section 135I.2, Code 2001, is amended to read as
  2 12 follows:
  2 13    135I.2  APPLICABILITY.
  2 14    This chapter applies to all swimming pools and spas owned
  2 15 or operated by local or state government, or commercial
  2 16 interests or private entities including, but not limited to,
  2 17 facilities operated by cities, counties, public or private
  2 18 school corporations, hotels, motels, camps, apartments,
  2 19 condominiums, and health or country clubs.  This chapter does
  2 20 not apply to facilities intended for single family use or to a
  2 21 swimming pool or spa operated by a homeowners' association
  2 22 representing seventy-two or fewer dwelling units if the
  2 23 association's bylaws, which also apply to a rental agreement
  2 24 relative to any of the dwelling units, include an exemption
  2 25 from the requirements of this chapter, provide for inspection
  2 26 of the swimming pool or spa by an entity other than the
  2 27 department or local board of health, and assume any liability
  2 28 associated with operation of the swimming pool or spa.  This
  2 29 chapter does not apply to a swimming pool or spa used
  2 30 exclusively for therapy under the direct supervision of
  2 31 qualified medical personnel.  To avoid duplication and promote
  2 32 coordination of inspection activities, the department may
  2 33 enter into agreements pursuant to chapter 28E with a local
  2 34 board of health to provide for inspection and enforcement in
  2 35 accordance with this chapter.
  3  1    Sec. 7.  Section 147.74, Code 2001, is amended by adding
  3  2 the following new subsection:
  3  3    NEW SUBSECTION.  20A.  A registered nurse licensed under
  3  4 chapter 152 may use the words "registered nurse" or the
  3  5 letters "R.N." after the person's name.  A licensed practical
  3  6 nurse licensed under chapter 152 may use the words "licensed
  3  7 practical nurse" or the letters "L.P.N." after the person's
  3  8 name.
  3  9    Sec. 8.  Section 147.80, subsection 16, Code 2001, is
  3 10 amended to read as follows:
  3 11    16.  License to practice barbering on the basis of an
  3 12 examination given by the board of barber examiners, license to
  3 13 practice barbering under a reciprocal agreement, renewal of a
  3 14 license to practice barbering, annual inspection by the
  3 15 department of inspections and appeals of barber school and
  3 16 annual inspection of barber shop, an original barber school
  3 17 license, renewal of a barber school license, transfer of
  3 18 license upon change of ownership of a barber shop or barber
  3 19 school, inspection by the department of inspections and
  3 20 appeals and an original barber shop license, renewal of a
  3 21 barber shop license, original barber school instructor's
  3 22 license, renewal of a barber school instructor's license,
  3 23 original barber assistant's license, renewal of a barber
  3 24 assistant's license.
  3 25    Sec. 9.  Section 147.91, Code 2001, is amended to read as
  3 26 follows:
  3 27    147.91  PUBLICATIONS.
  3 28    The department shall have printed in pamphlet form
  3 29 available for each profession the following matter which is
  3 30 pertinent to the particular profession for which such pamphlet
  3 31 is published information:
  3 32    1.  The law regulating the practice of the profession.
  3 33    2.  The rules of the Iowa department of public health and
  3 34 the department of inspections and appeals relative to
  3 35 licenses.
  4  1    3.  The rules of the examining board relative to
  4  2 examinations.
  4  3    Such pamphlet information shall be supplied to any person
  4  4 applying for the same.  The department may, to the extent
  4  5 feasible, make the information described in this section
  4  6 available by electronic means, including, but not limited to,
  4  7 access to the documents through the internet.
  4  8    Sec. 10.  Section 147A.8, subsection 2, paragraph d, Code
  4  9 2001, is amended to read as follows:
  4 10    d.  Employed by or assigned to a hospital or other entity
  4 11 in which health care is ordinarily provided only when under
  4 12 the direct supervision of a physician, as a member of an
  4 13 authorized ambulance, rescue, or first response service, or in
  4 14 an individual capacity, to perform nonlifesaving procedures
  4 15 for which those individuals have been trained certified and
  4 16 are designated in a written job description.  Such procedures
  4 17 may be performed after the patient is observed by and when the
  4 18 emergency medical care provider is under the supervision of
  4 19 the physician, physician assistant, or registered nurse,
  4 20 including when the registered nurse is not acting in the
  4 21 capacity of a physician designee, and where the procedure may
  4 22 be immediately abandoned without risk to the patient.
  4 23    Sec. 11.  Section 154.6, Code 2001, is amended to read as
  4 24 follows:
  4 25    154.6  EXPIRATION AND RENEWAL OF LICENSES.
  4 26    Every license to practice optometry shall expire in
  4 27 multiyear intervals as determined by the board.  Application
  4 28 for renewal of such license shall be made in writing to the
  4 29 Iowa department of public health at least thirty days prior to
  4 30 the expiration date, accompanied by the required renewal fee
  4 31 and the affidavit of the licensee or other proof satisfactory
  4 32 to the department and to the Iowa state board of optometry
  4 33 examiners, that the applicant has annually attended, since the
  4 34 issuance of the last license to the applicant, an educational
  4 35 program or clinic as conducted by the Iowa Optometric
  5  1 Association, or its equivalent, for a period of at least two
  5  2 days.  The attendance requirement at the educational program
  5  3 or clinic shall not be conditioned upon membership in the Iowa
  5  4 Optometric Association.  Nonmembers shall be admitted to the
  5  5 annual educational program or clinic upon payment of their pro
  5  6 rata share of the cost.  In lieu of attendance at the annual
  5  7 educational program or clinic, it shall be the duty of the
  5  8 board of optometry examiners to recognize and approve
  5  9 attendance at local optometric study group meetings as shall,
  5 10 in the judgment of the board, constitute an equivalent to
  5 11 attendance at the annual educational program of the
  5 12 association the licensee shall submit evidence of attendance
  5 13 of continuing education in this field.
  5 14    Sec. 12.  Section 154.7, Code 2001, is amended to read as
  5 15 follows:
  5 16    154.7  NOTICE OF EXPIRATION.
  5 17    Notice of expiration of the license to practice optometry
  5 18 shall be given by the Iowa department of public health to all
  5 19 certificate holders by mailing the notice to the last known
  5 20 address of such licensee at least seventy-five sixty days
  5 21 prior to the expiration date, and the notice shall contain a
  5 22 statement of the educational program attendance requirement
  5 23 and the amount of legal fee required as a condition to the
  5 24 renewal of the license.  Subject to the provisions of this
  5 25 chapter, the license shall be renewed without examination.
  5 26    Sec. 13.  Section 154A.14, Code 2001, is amended to read as
  5 27 follows:
  5 28    154A.14  RECIPROCITY.
  5 29    If the board determines that another state or jurisdiction
  5 30 has requirements equivalent to or higher than those provided
  5 31 in this chapter, the department may issue a license by
  5 32 reciprocity to applicants who hold valid certificates or
  5 33 licenses to deal in dispense and fit hearing aids in the other
  5 34 state or jurisdiction.  An applicant for a license by
  5 35 reciprocity is not required to take a qualifying examination,
  6  1 but is required to pay the license fee as provided in section
  6  2 154A.17.  The holder of a license of reciprocity is registered
  6  3 in the same manner as the holder of a regular license.  Fees,
  6  4 grounds for renewal, and procedures for the suspension and
  6  5 revocation of license by reciprocity are the same as for a
  6  6 regular license.
  6  7    Sec. 14.  Section 158.9, unnumbered paragraph 3, Code 2001,
  6  8 is amended by striking the unnumbered paragraph.
  6  9    Sec. 15.  Section 714.16, subsection 1, paragraph e, Code
  6 10 2001, is amended to read as follows:
  6 11    e.  "Contaminant" means any particulate, chemical,
  6 12 microbiological, or radiological substance in water which has
  6 13 a potentially adverse health effect and for which a maximum
  6 14 contaminant level (MCL) or treatment technique requirement or
  6 15 an action level established in lieu of a maximum contaminant
  6 16 level (MCL), has been specified in the national primary
  6 17 drinking water regulations.
  6 18    Sec. 16.  Section 714.16, subsection 2, paragraph h,
  6 19 subparagraph (3), subparagraph subdivision (c), Code 2001, is
  6 20 amended to read as follows:
  6 21    (c)  Performance and test data including, but not limited
  6 22 to, the list of contaminants certified to be reduced by the
  6 23 water treatment system; the test influent concentration level
  6 24 of each contaminant or surrogate for that contaminant; the
  6 25 percentage reduction or effluent concentration of each
  6 26 contaminant or surrogate; where applicable, the maximum
  6 27 contaminant level (MCL) or a treatment technique requirement
  6 28 or an action level established in lieu of a maximum
  6 29 contaminant level (MCL) specified in the national primary
  6 30 drinking water regulations; where applicable, the approximate
  6 31 capacity in gallons; where applicable, the period of time
  6 32 during which the unit is effective in reducing contaminants
  6 33 based upon the contaminant or surrogate influent
  6 34 concentrations used for the performance tests; where
  6 35 applicable, the flow rate, pressure, and operational
  7  1 temperature of the water during the performance tests.
  7  2    Sec. 17.  Section 158.11, Code 2001, is repealed.
  7  3    Sec. 18.  Sections 154A.1, 154A.2, 154A.4, 154A.9, 154A.13,
  7  4 154A.18, 154A.19, 154A.20, 154A.21, 154A.23, 154A.24, and
  7  5 154A.25, Code 2001, are amended by striking the word "dealer"
  7  6 or "dealers" and inserting the word "dispenser" or
  7  7 "dispensers".  
  7  8 
  7  9 
  7 10                                                             
  7 11                               MARY E. KRAMER
  7 12                               President of the Senate
  7 13 
  7 14 
  7 15                                                             
  7 16                               BRENT SIEGRIST
  7 17                               Speaker of the House
  7 18 
  7 19    I hereby certify that this bill originated in the Senate and
  7 20 is known as Senate File 433, Seventy-ninth General Assembly.
  7 21 
  7 22 
  7 23                                                             
  7 24                               MICHAEL E. MARSHALL
  7 25                               Secretary of the Senate
  7 26 Approved                , 2001
  7 27 
  7 28 
  7 29                                
  7 30 THOMAS J. VILSACK
  7 31 Governor
     

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