Text: SSB01213 Text: SSB01215 Text: SSB01200 - SSB01299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.204, subsection 5, Code 2001, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. c. Gamma-hydroxybutyric acid. Some trade 1 4 or other names: GHB; gamma-hydroxybutyrate; 4- 1 5 hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; 1 6 sodium oxybutyrate. 1 7 Sec. 2. Section 124.208, subsection 3, Code 2001, is 1 8 amended by adding the following new paragraph: 1 9 NEW PARAGRAPH. m. Any drug product containing gamma- 1 10 hydroxybutyric acid, including its salts, isomers, and salts 1 11 of isomers, for which an application is approved under section 1 12 505 of the federal Food, Drug, and Cosmetic Act. 1 13 Sec. 3. Section 135.11, subsection 25, Code 2001, is 1 14 amended to read as follows: 1 15 25. Establish ad hoc and advisory committees to the 1 16 director in areas where technical expertise is not otherwise 1 17 readily available. Members may be compensated for their 1 18 actual and necessary expenses incurred in the performance of 1 19 their duties. To encourage health consumer participation, 1 20 public members may also receive a per diem as specified in 1 21 section 7E.6 if funds are available and the per diem is 1 22 determined to be appropriate by the director. Expense moneys 1 23 paid to the members shall be paid from funds appropriated to 1 24 the department. A majority of the members of such a committee 1 25 constitutes a quorum. 1 26 Sec. 4. Section 135.105C, Code 2001, is amended by adding 1 27 the following new subsection: 1 28 NEW SUBSECTION. 3. A person who violates this section is 1 29 subject to a civil penalty not to exceed five thousand dollars 1 30 for each offense. 1 31 Sec. 5. Section 135I.1, subsection 3, Code 2001, is 1 32 amended to read as follows: 1 33 3. "Spa" means a bathing facility such as a hot tub or 1 34 whirlpool designed for recreational or therapeutic use. 1 35However, "spa" does not include a facility used under direct2 1supervision of qualified medical personnel.2 2 Sec. 6. Section 135I.2, Code 2001, is amended to read as 2 3 follows: 2 4 135I.2 APPLICABILITY. 2 5 This chapter applies to all swimming pools and spas owned 2 6 or operated by local or state government, or commercial 2 7 interests or private entities including, but not limited to, 2 8 facilities operated by cities, counties, public or private 2 9 school corporations, hotels, motels, camps, apartments, 2 10 condominiums, and health or country clubs. This chapter does 2 11 not apply to facilities intended for single family use or to a 2 12 swimming pool or spa operated by a homeowners' association 2 13 representing seventy-two or fewer dwelling units if the 2 14 association's bylaws, which also apply to a rental agreement 2 15 relative to any of the dwelling units, include an exemption 2 16 from the requirements of this chapter, provide for inspection 2 17 of the swimming pool or spa by an entity other than the 2 18 department or local board of health, and assume any liability 2 19 associated with operation of the swimming pool or spa. This 2 20 chapter does not apply to a swimming pool or spa used 2 21 exclusively for therapy under the direct supervision of 2 22 qualified medical personnel. To avoid duplication and promote 2 23 coordination of inspection activities, the department may 2 24 enter into agreements pursuant to chapter 28E with a local 2 25 board of health to provide for inspection and enforcement in 2 26 accordance with this chapter. 2 27 Sec. 7. Section 135I.4, subsection 4, Code 2001, is 2 28 amended to read as follows: 2 29 4. Establish and collect fees to defray the cost of 2 30 administering this chapter. It is the intent of the general 2 31 assembly that fees collected under this chapter be retained by 2 32 the department and used to defray the cost of administering 2 33 this chapter. However, the portion of fees needed to defray 2 34 the costs of a local board of health in implementing this 2 35 chapter shall be established by the local board of health. A 3 1 fee imposed for the inspection of a swimming pool or spa shall 3 2 not be collected until the inspection has actually been 3 3 performed. 3 4 Sec. 8. Section 147.74, Code 2001, is amended by adding 3 5 the following new subsection: 3 6 NEW SUBSECTION. 20A. A registered nurse licensed under 3 7 chapter 152 may use the words "registered nurse" or the 3 8 letters "R.N." after the person's name. A licensed practical 3 9 nurse licensed under chapter 152 may use the words "licensed 3 10 practical nurse" or the letters "L.P.N." after the person's 3 11 name. 3 12 Sec. 9. Section 147.80, subsection 16, Code 2001, is 3 13 amended to read as follows: 3 14 16. License to practice barbering on the basis of an 3 15 examination given by the board of barber examiners, license to 3 16 practice barbering under a reciprocal agreement, renewal of a 3 17 license to practice barbering, annual inspection by the 3 18 department of inspections and appeals of barber school and 3 19 annual inspection of barber shop, an original barber school 3 20 license, renewal of a barber school license, transfer of 3 21 license upon change of ownership of a barber shop or barber 3 22 school, inspection by the department of inspections and 3 23 appeals and an original barber shop license, renewal of a 3 24 barber shop license, original barber school instructor's 3 25 license, renewal of a barber school instructor's license,3 26original barber assistant's license, renewal of a barber3 27assistant's license. 3 28 Sec. 10. Section 147.91, Code 2001, is amended to read as 3 29 follows: 3 30 147.91 PUBLICATIONS. 3 31 The department shall haveprinted in pamphlet form3 32 available for each profession the followingmatter which is3 33pertinent to the particular profession for which such pamphlet3 34is publishedinformation: 3 35 1. The law regulating the practice of the profession. 4 1 2. The rules of the Iowa department of public health and 4 2 the department of inspections and appeals relative to 4 3 licenses. 4 4 3. The rules of the examining board relative to 4 5 examinations. 4 6 Suchpamphletinformation shall be supplied to any person 4 7 applying for the same. The department may, to the extent 4 8 feasible, make the information described in this section 4 9 available by electronic means, including, but not limited to, 4 10 access to the documents through the internet. 4 11 Sec. 11. Section 148.6, subsection 2, paragraph g, Code 4 12 2001, is amended to read as follows: 4 13 g. Being guilty of a willful or repeated departure from, 4 14 or the failure to conform to, the minimal standard of 4 15 acceptable and prevailing practice of medicine and surgery, 4 16 osteopathic medicine and surgery or osteopathy in which 4 17 proceeding actual injury to a patient need not be established; 4 18 or the committing by a physician of an act contrary to 4 19 honesty, justice, or good morals, whether the same is 4 20 committed in the course of the physician's practice or 4 21 otherwise, and whether committed within or without this state. 4 22 The medical examiners may, in the course of a disciplinary 4 23 investigation and upon a showing of probable cause, compel a 4 24 physician to submit to a competency evaluation at a physician 4 25 competency assessment program designated by the board within a 4 26 specified time. All objections shall be waived as to the 4 27 admissibility of any physician's communications, testimony, or 4 28 reports on the grounds of privileged communication. The 4 29 medical testimony or evaluation report shall not be used 4 30 against a physician in any proceeding other than one relating 4 31 to licensee discipline by the board. Failure of a physician 4 32 to submit to a board-ordered evaluation is grounds for 4 33 disciplinary action for failure to comply with an order of the 4 34 board. 4 35 Sec. 12. Section 148.6, subsection 2, paragraph h, 5 1 unnumbered paragraph 1, Code 2001, is amended to read as 5 2 follows: 5 3 Inability to practice medicine and surgery, osteopathic 5 4 medicine and surgery or osteopathy with reasonable skill and 5 5 safety by reason of illness, drunkenness, excessive use of 5 6 drugs, narcotics, chemicals, or other type of material or as a 5 7 result of a mental or physical condition. The medical 5 8 examiners may, upon probable cause, compel a physician to 5 9 submit to a mental or physical examination by designated 5 10 physicians or to submit to alcohol or drug screening within a 5 11 time specified by the medical examiners.Failure of a5 12physician to submit to an examination or to submit to alcohol5 13or drug screening shall constitute admission to the5 14allegations made against the physician and the finding of fact5 15and decision of the medical examiners may be entered without5 16the taking of testimony or presentation of evidence. At5 17reasonable intervals, a physician shall be afforded an5 18opportunity to demonstrate that the physician can resume the5 19competent practice of medicine with reasonable skill and5 20safety to patients.Failure of a physician to submit to a 5 21 board-ordered examination or screening is grounds for 5 22 disciplinary action for failure to comply with an order of the 5 23 board. 5 24 Sec. 13. Section 154.6, Code 2001, is amended to read as 5 25 follows: 5 26 154.6 EXPIRATION AND RENEWAL OF LICENSES. 5 27 Every license to practice optometry shall expire in 5 28 multiyear intervals as determined by the board. Application 5 29 for renewal of such license shall be made in writing to the 5 30 Iowa department of public health at least thirty days prior to 5 31 the expiration date, accompanied by the required renewal fee 5 32 andthe affidavit of the licensee or other proof satisfactory5 33to the department and to the Iowa state board of optometry5 34examiners, that the applicant has annually attended, since the5 35issuance of the last license to the applicant, an educational6 1program or clinic as conducted by the Iowa Optometric6 2Association, or its equivalent, for a period of at least two6 3days. The attendance requirement at the educational program6 4or clinic shall not be conditioned upon membership in the Iowa6 5Optometric Association. Nonmembers shall be admitted to the6 6annual educational program or clinic upon payment of their pro6 7rata share of the cost. In lieu of attendance at the annual6 8educational program or clinic, it shall be the duty of the6 9board of optometry examiners to recognize and approve6 10attendance at local optometric study group meetings as shall,6 11in the judgment of the board, constitute an equivalent to6 12attendance at the annual educational program of the6 13associationthe licensee shall submit evidence of attendance 6 14 of continuing education in this field. 6 15 Sec. 14. Section 154.7, Code 2001, is amended to read as 6 16 follows: 6 17 154.7 NOTICE OF EXPIRATION. 6 18 Notice of expiration of the license to practice optometry 6 19 shall be given by the Iowa department of public health to all 6 20 certificate holders by mailing the notice to the last known 6 21 address of such licensee at leastseventy-fivesixty days 6 22 prior to the expiration date, and the notice shall contain a 6 23 statement of the educational program attendance requirement 6 24 and the amount of legal fee required as a condition to the 6 25 renewal of the license. Subject to the provisions of this 6 26 chapter, the license shall be renewed without examination. 6 27 Sec. 15. Section 154A.14, Code 2001, is amended to read as 6 28 follows: 6 29 154A.14 RECIPROCITY. 6 30 If the board determines that another state or jurisdiction 6 31 has requirements equivalent to or higher than those provided 6 32 in this chapter, the department may issue a license by 6 33 reciprocity to applicants who hold valid certificates or 6 34 licenses todeal indispense and fit hearing aids in the other 6 35 state or jurisdiction. An applicant for a license by 7 1 reciprocity is not required to take a qualifying examination, 7 2 but is required to pay the license fee as provided in section 7 3 154A.17. The holder of a license of reciprocity is registered 7 4 in the same manner as the holder of a regular license. Fees, 7 5 grounds for renewal, and procedures for the suspension and 7 6 revocation of license by reciprocity are the same as for a 7 7 regular license. 7 8 Sec. 16. Section 158.9, unnumbered paragraph 3, Code 2001, 7 9 is amended by striking the unnumbered paragraph. 7 10 Sec. 17. Section 714.16, subsection 1, paragraph e, Code 7 11 2001, is amended to read as follows: 7 12 e. "Contaminant" means any particulate, chemical, 7 13 microbiological, or radiological substance in water which has 7 14 a potentially adverse health effect and for which a maximum 7 15 contaminant level (MCL) or treatment technique requirement or 7 16 an action level established in lieu of a maximum contaminant 7 17 level (MCL), has been specified in the national primary 7 18 drinking water regulations. 7 19 Sec. 18. Section 714.16, subsection 2, paragraph h, 7 20 subparagraph (3), subparagraph subdivision (c), Code 2001, is 7 21 amended to read as follows: 7 22 (c) Performance and test data including, but not limited 7 23 to, the list of contaminants certified to be reduced by the 7 24 water treatment system; the test influent concentration level 7 25 of each contaminant or surrogate for that contaminant; the 7 26 percentage reduction or effluent concentration of each 7 27 contaminant or surrogate; where applicable, the maximum 7 28 contaminant level (MCL) or a treatment technique requirement 7 29 or an action level established in lieu of a maximum 7 30 contaminant level (MCL) specified in the national primary 7 31 drinking water regulations; where applicable, the approximate 7 32 capacity in gallons; where applicable, the period of time 7 33 during which the unit is effective in reducing contaminants 7 34 based upon the contaminant or surrogate influent 7 35 concentrations used for the performance tests; where 8 1 applicable, the flow rate, pressure, and operational 8 2 temperature of the water during the performance tests. 8 3 Sec. 19. Section 158.11, Code 2001, is repealed. 8 4 Sec. 20. Sections 154A.1, 154A.2, 154A.4, 154A.9, 154A.13, 8 5 154A.18, 154A.19, 154A.20, 154A.21, 154A.23, 154A.24, and 8 6 154A.25, Code 2001, are amended by striking the word "dealer" 8 7 or "dealers" and inserting the word "dispenser" or 8 8 "dispensers". 8 9 EXPLANATION 8 10 This bill makes several technical and corrective changes 8 11 relating to the administration of programs under the purview 8 12 of the Iowa department of public health and related health 8 13 professional licensing and regulatory boards. 8 14 The bill provides for the designation of gamma- 8 15 hydroxybutyric acid (GHB) as a controlled substance. The bill 8 16 provides that the director of the Iowa department of public 8 17 health may provide a per diem to public members serving on ad 8 18 hoc advisory boards. The bill provides for the addition of a 8 19 penalty provision for a person regulated pursuant to the lead 8 20 hazard notification process under Code section 135.105C. The 8 21 bill provides that the regulation of spas does not apply to 8 22 facilities utilized exclusively for supervised medical 8 23 purposes. The bill provides that the Iowa department of 8 24 public health may retain fees established and collected by the 8 25 department relating to administering Code chapter 135I 8 26 governing swimming pools and spas. 8 27 The bill provides for the addition of registered nurse and 8 28 licensed practical nurse profession titles to the list of 8 29 titles protected pursuant to Code section 147.74. The bill 8 30 provides for the ability of the Iowa department of public 8 31 health to provide certain health professional licensure 8 32 information electronically. The bill provides for the 8 33 establishment of a competency evaluation process for the Iowa 8 34 board of medical examiners. 8 35 The bill eliminates specific provisions regarding the 9 1 continuing education requirements for optometry, and provides 9 2 that the preexpiration notice deadline shall be changed from 9 3 75 days to 60 days for individuals licensed to practice 9 4 optometry. The bill provides for the substitution of the term 9 5 hearing aid "dispenser" for the term "dealer" throughout Code 9 6 chapter 154A. 9 7 The bill provides for changes to the regulation of potable 9 8 water purification systems. The bill provides for the 9 9 elimination of outdated provisions regarding the licensure of 9 10 barber assistants. 9 11 LSB 1231DP 79 9 12 rn/cls/14.1
Text: SSB01213 Text: SSB01215 Text: SSB01200 - SSB01299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 2001 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: Fri Mar 23 03:35:27 CST 2001
URL: /DOCS/GA/79GA/Legislation/SSB/01200/SSB01214/010308.html
jhf