Text: HF02491 Text: HF02493 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 135.39A GIFTS AND GRANTS FUND – 1 2 APPROPRIATION. 1 3 The department is authorized to accept gifts, grants, or 1 4 allotments of funds from any source to be used for programs 1 5 authorized by this chapter or any other chapter which the 1 6 department is responsible for administering. A public health 1 7 gifts and grants fund is created as a separate fund in the 1 8 state treasury under the control of the department. The fund 1 9 shall consist of gift or grant moneys obtained from any 1 10 source, including the federal government. The moneys 1 11 collected under this section and deposited in the fund are 1 12 appropriated to the department for the public health purposes 1 13 specified in the gift or grant. Moneys in the fund shall not 1 14 be subject to appropriation or expenditure for any other 1 15 purpose. Notwithstanding section 8.33, moneys in the public 1 16 health gifts and grants fund at the end of each fiscal year 1 17 shall not revert to any other fund but shall remain in the 1 18 public health gifts and grants fund for expenditure for 1 19 subsequent fiscal years. 1 20 Sec. 2. Section 135.103, Code 2003, is amended to read as 1 21 follows: 1 22 135.103 GRANT PROGRAM. 1 23 The department shall implement a childhood lead poisoning 1 24 prevention grant program which providesmatchingfederal, 1 25 state, or other funds to local boards of health or cities for 1 26 the program after standards and requirements for the local 1 27 program are developed.The state shall provide funds to1 28approved programs on the basis of three dollars for each one1 29dollar designated by the local board of health or city for the1 30program for the first two years of a program, and funds on the1 31basis of one dollar for each one dollar designated by the1 32local board of health or city for the program for the third1 33and subsequent years of the program if such funding is1 34determined necessary by the department for such subsequent1 35years.The department may also use federal, state, or other 2 1 funds provided for the childhood lead poisoning prevention 2 2 grant program to purchase environmental and blood testing 2 3 services from a public health laboratory. 2 4 Sec. 3. Section 135.104, unnumbered paragraph 1, Code 2 5 2003, is amended to read as follows: 2 6 The program by a local board of health or city receiving 2 7matchingfunding for an approved childhood lead poisoning 2 8 prevention grant program shall include: 2 9 Sec. 4. Section 136B.1, subsection 2, Code 2003, is 2 10 amended to read as follows: 2 11 2. The department shall establish programs and adopt rules 2 12 for the certification of persons who test for the presence of 2 13 radon gas and radon progeny inbuildings and forbuildings, 2 14 the credentialing of persons abating the level of radon in 2 15 buildings, and construction standards for radon abatement 2 16 systems. 2 17 Sec. 5. Section 136B.3, Code 2003, is amended to read as 2 18 follows: 2 19 136B.3 TESTING AND REPORTING OF RADON LEVEL. 2 20 The department or its duly authorized agents shall from 2 21 time to time perform inspections and testing of the premises 2 22 of a property to determine the level at which it is 2 23 contaminated with radon gas or radon progeny as a spot-check 2 24 of the validity of measurements or the adequacy of abatement 2 25 measures performed by persons certified or credentialed under 2 26 section 136B.1. Following testing the department shall 2 27 provide the owner of the property with a written report of its 2 28 results including the concentration of radon gas or radon 2 29 progeny contamination present, an interpretation of the 2 30 results, and recommendation of appropriate action. A person 2 31 certified or credentialed under section 136B.1 shall also be 2 32 advised of the department's results, discrepancies revealed by 2 33 the spot-check, actions required of the person, and actions 2 34 the department intends to take with respect to the person's 2 35 continued certification or credentialing. 3 1 Sec. 6. Section 139A.2, subsection 20, Code Supplement 3 2 2003, is amended to read as follows: 3 3 20. "Quarantine" means the limitation of freedom of 3 4 movement of persons or animals that have been exposed to a 3 5communicablequarantinable disease within specified limits 3 6 marked by placards for a period of time equal to the longest 3 7 usual incubation period of the disease in such manner as to 3 8 prevent the spread of acommunicablequarantinable disease 3 9 which affects people. 3 10 Sec. 7. NEW SECTION. 139A.13A ISOLATION OR QUARANTINE – 3 11 EMPLOYMENT PROTECTION. 3 12 1. An employer shall not discharge an employee, or take or 3 13 fail to take action regarding an employee's promotion or 3 14 proposed promotion, or take action to reduce an employee's 3 15 wages or benefits for actual time worked, due to the 3 16 compliance of an employee with a quarantine or isolation order 3 17 issued by the department or a local board. 3 18 2. An employer who violates this section commits a simple 3 19 misdemeanor. 3 20 3. An employee whose employer violates this section shall 3 21 also be entitled to recover damages from the employer 3 22 including, but not limited to, actual damages, court costs, 3 23 and reasonable attorney fees. The employee may also petition 3 24 the court for imposition of a cease and desist order against 3 25 the person's employer and for reinstatement to the person's 3 26 previous position of employment. 3 27 Sec. 8. Section 148.3, subsection 3, Code 2003, is amended 3 28 to read as follows: 3 29 3. Present to the medical examiners satisfactory evidence 3 30 that the applicant has successfully completed one year of 3 31 postgraduate internship or resident training in a hospital 3 32 approved for such training by the medical examiners. 3 33 Beginning July 1, 2006, an applicant who holds a valid 3 34 certificate issued by the educational commission for foreign 3 35 medical graduates shall submit satisfactory evidence of 4 1 successful completion of two years of such training. 4 2 Sec. 9. Section 152.1, subsection 6, paragraph b, Code 4 3 Supplement 2003, is amended to read as follows: 4 4 b. Execute regimen prescribed by a physician, an advanced 4 5 registered nurse practitioner, or a physician assistant. 4 6 Sec. 10. Section 154A.18, Code 2003, is amended to read as 4 7 follows: 4 8 154A.18 DISPLAY OF LICENSE. 4 9 A person shall not engage in business as a hearing aid 4 10 dispenser, or display a sign, or in any other way advertise or 4 11 claim to be a hearing aid dispenser after January 1, 1975, 4 12 unless the person holds a valid license issued by the 4 13 department as provided in this chapter. The license shall be 4 14 conspicuously posted in the person'soffice or place of4 15businessprimary location of practice.The department shall4 16issue duplicate licenses to valid license holders operating4 17more than one office.A license confers upon the holder the 4 18 right tooperate a businesspractice as a hearing aid 4 19 dispenser. 4 20 Sec. 11. Section 155.9, subsection 3, unnumbered paragraph 4 21 2, Code 2003, is amended to read as follows: 4 22 The board may also accept the voluntary surrender of such 4 23 license without necessity of a hearing. In the event of the 4 24 inability of the regular administrator of a nursing home to 4 25 perform the administrator's duties or through death or other 4 26 cause the nursing home is without a licensed administrator, a 4 27 provisional administrator may be appointed on a temporary 4 28 basis by the nursing home owner or owners, to perform such 4 29 duties for a period not to exceedsix monthsone year. 4 30 Sec. 12. NEW SECTION. 156.16 UNLICENSED PRACTICE – 4 31 INJUNCTIONS, CIVIL PENALTIES, CONSENT AGREEMENTS. 4 32 1. If the board has reasonable grounds to believe that a 4 33 person or establishment which is not licensed under this 4 34 chapter has engaged, or is about to engage, in an act or 4 35 practice which requires licensure under this chapter, or 5 1 otherwise violates a provision of this chapter, the board may 5 2 issue an order to require the unlicensed person or 5 3 establishment to comply with the provisions of this chapter, 5 4 and may impose a civil penalty not to exceed one thousand 5 5 dollars for each violation of this chapter by an unlicensed 5 6 person or establishment. Each day of a continued violation 5 7 constitutes a separate offense. 5 8 2. The board may conduct an investigation as needed to 5 9 determine whether probable cause exists to initiate the 5 10 proceedings described in this section. To aid in such an 5 11 investigation or in connection with any other proceeding under 5 12 this section, the board may issue subpoenas to compel 5 13 witnesses to testify or persons to produce evidence consistent 5 14 with the provisions of section 272C.6, subsection 3. 5 15 3. The board, in determining the amount of a civil penalty 5 16 to be imposed, may consider any of the following: 5 17 a. Whether the amount imposed will be a substantial 5 18 economic deterrent to the violation. 5 19 b. The circumstances leading to the violation. 5 20 c. The severity of the violation and the risk of harm to 5 21 the public. 5 22 d. The economic benefits gained by the violator as a 5 23 result of noncompliance. 5 24 e. The interest of the public. 5 25 4. The board, before issuing an order under this section, 5 26 shall provide the person or establishment written notice and 5 27 the opportunity to request a hearing. The hearing must be 5 28 requested within thirty days after receipt of the notice and 5 29 shall be conducted in the same manner as provided for 5 30 disciplinary proceedings involving a licensee under this 5 31 chapter. 5 32 5. The board may request the attorney general to bring an 5 33 action to enforce the subpoena. 5 34 6. A person or establishment aggrieved by the issuance of 5 35 an order or the imposition of a civil penalty under this 6 1 section may seek judicial review pursuant to section 17A.19. 6 2 7. If a person or establishment fails to pay a civil 6 3 penalty within thirty days after entry of an order imposing 6 4 the civil penalty, or, if the order is stayed pending an 6 5 appeal, within ten days after the court enters a final 6 6 judgment in favor of the board, the board shall notify the 6 7 attorney general. The attorney general may commence an action 6 8 to recover the amount of the penalty, including reasonable 6 9 attorney fees and costs. 6 10 8. An action to enforce an order under this section may be 6 11 joined with an action for an injunction pursuant to section 6 12 147.83. 6 13 9. The board, in its discretion and in lieu of issuing or 6 14 enforcing an order or imposing a civil penalty for an initial 6 15 violation under this section, may enter into a consent 6 16 agreement with a violator, or with a person who aided or 6 17 abetted a violator, which acknowledges the violation and the 6 18 violator's agreement to refrain from any further violation. 6 19 EXPLANATION 6 20 This bill provides for a number of technical and 6 21 substantive changes regarding programs under the purview of 6 22 the department of public health. 6 23 The bill provides for the establishment of a gifts and 6 24 grants fund, and provides that the department is authorized to 6 25 accept gifts, grants, or allotments of funds from any source 6 26 to be used for programs the department is authorized to 6 27 administer. The bill provides that the fund shall consist of 6 28 gift or grant moneys obtained from any source, including the 6 29 federal government, and that the moneys are appropriated to 6 30 the department for the public health purposes specified in the 6 31 gift or grant. The bill provides that moneys in the fund 6 32 shall not be subject to appropriation or expenditure for any 6 33 other purpose, and shall not revert to the general fund. 6 34 The bill provides for changes in funding provisions 6 35 concerning the childhood lead poisoning prevention grant 7 1 program. The bill provides for the deletion of language 7 2 currently providing for funding of $3 by the state for every 7 3 $1 provided locally for the first two years of a program, 7 4 changing to a dollar-for-dollar basis thereafter if determined 7 5 necessary. Instead, the bill provides that the department may 7 6 also use federal, state, or other funds provided for the 7 7 childhood lead poisoning prevention program to purchase 7 8 environmental and blood testing services from a public health 7 9 laboratory; and deletes the word "matching" with regard to 7 10 funding provided through the program. 7 11 The bill provides, with reference to the radon testing and 7 12 abatement program contained in Code chapter 136B, that the 7 13 department shall establish programs and adopt rules relating 7 14 to construction standards for radon abatement systems. The 7 15 bill also provides that inspections and testing of premises as 7 16 a spot-check of radon contamination, currently conducted by 7 17 the Iowa department of public health, may be performed either 7 18 by the department or its duly authorized agents. 7 19 The bill provides employment protection provisions relating 7 20 to individuals complying with a quarantine or isolation order 7 21 issued by the department. The bill provides that an employer 7 22 shall not discharge an employee, or take or fail to take 7 23 action regarding an employee's promotion or proposed 7 24 promotion, or take action to reduce an employee's wages or 7 25 benefits for actual time worked, due to such compliance, and 7 26 that an employer who violates these provisions commits a 7 27 simple misdemeanor. The bill also provides that employees 7 28 shall be entitled to recover damages from an employer 7 29 including, and may petition the court for, imposition of a 7 30 cease and desist order against an employer and for 7 31 reinstatement to their previous position of employment. 7 32 The bill provides for changes relating to the definition of 7 33 "quarantine", clarification that the practice of nursing 7 34 includes execution of a regimen prescribed by an advanced 7 35 registered nurse practitioner or physician assistant, and 8 1 expansion of the amount of postgraduate training for 8 2 international medical graduates from one year to two years 8 3 beginning July 1, 2006. The bill additionally provides for 8 4 terminology changes regarding engaging in business as a 8 5 hearing aid dispenser, providing that a license shall be 8 6 displayed in the person's primary location of practice as 8 7 opposed to the current requirement of posting in their office 8 8 or place of business, and characterizing the business as the 8 9 "practice" of hearing aid dispensing. The bill provides for 8 10 an extension of time from six months to one year regarding the 8 11 duration during which it is permissible for a provisional 8 12 nursing home administrator to perform such duties prior to 8 13 obtaining licensure. 8 14 The bill authorizes the board of mortuary science examiners 8 15 to impose civil penalties upon a finding of unlicensed 8 16 practice. The bill provides that the board may impose a civil 8 17 penalty upon an unlicensed person or establishment not to 8 18 exceed $1,000 for each violation of Code chapter 156, and that 8 19 each day of a continued violation constitutes a separate 8 20 offense. The bill provides for board authority to conduct 8 21 investigations consistent with the provisions of Code section 8 22 272C.6, imposes notice and hearing requirements, specifies 8 23 factors to consider regarding determination by the board of 8 24 the amount of a civil penalty to be imposed, and includes 8 25 other provisions related to board authority to act in 8 26 unlicensed practice situations. 8 27 LSB 5217HV 80 8 28 rn/cf/24
Text: HF02491 Text: HF02493 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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