Text: HSB00290                          Text: HSB00292
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 291

Bill Text

PAG LIN
  1  1    Section 1.  Section 135.105A, Code 2003, is amended to read
  1  2 as follows:
  1  3    135.105A  LEAD INSPECTOR AND LEAD ABATER TRAINING AND
  1  4 CERTIFICATION ESTABLISHED – CIVIL PENALTY.
  1  5    1.  The department shall establish a program for the
  1  6 training and certification of lead inspectors and lead
  1  7 abaters.  The department shall maintain a listing, available
  1  8 to the public and to city and county health departments, of
  1  9 lead inspector and lead abater training programs that have
  1 10 been approved by the department, and of lead inspectors and
  1 11 lead abaters who have successfully completed the training
  1 12 program and have been certified by the department.  A person
  1 13 may be certified as both a lead inspector and a lead abater.
  1 14 However, a person who is certified as both a lead inspector
  1 15 and a lead abater shall not provide both inspection and
  1 16 abatement services at the same site unless a written consent
  1 17 or waiver, following full disclosure by the person, is
  1 18 obtained from the owner or manager of the site.
  1 19    2.  The department shall also establish a program for the
  1 20 training of painting, demolition, and remodeling contractors
  1 21 and those who provide mitigation control services conduct
  1 22 interim controls of lead-based paint hazards.  The training
  1 23 shall be completed on a voluntary basis.
  1 24    3.  A person who owns real property which includes a
  1 25 residential dwelling and who performs lead inspection or lead
  1 26 abatement of the residential dwelling is not required to
  1 27 obtain certification to perform these measures, unless the
  1 28 residential dwelling is occupied by a person other than the
  1 29 owner or a member of the owner's immediate family while the
  1 30 measures are being performed.  However, the department shall
  1 31 encourage property owners who are not required to be certified
  1 32 to complete the training course to ensure the use of
  1 33 appropriate and safe mitigation inspection and abatement
  1 34 procedures.
  1 35    4.  Except as otherwise provided in this section, a person
  2  1 shall not perform lead abatement or lead inspections unless
  2  2 the person has completed a training program approved by the
  2  3 department and has obtained certification.  All lead abatement
  2  4 and lead inspections, and lead inspector and lead abater
  2  5 training programs, shall be performed and conducted in
  2  6 accordance with work practice standards established by the
  2  7 department.  A person shall not conduct a training program for
  2  8 lead inspectors or lead abaters unless the program has been
  2  9 submitted to and approved by the department.  A person who
  2 10 violates this section is subject to a civil penalty not to
  2 11 exceed five thousand dollars for each offense.
  2 12    5.  The department shall adopt rules regarding minimum
  2 13 requirements for training programs, certification, work
  2 14 practice standards, and suspension and revocation
  2 15 requirements, and shall implement the training and
  2 16 certification programs.  The department shall seek federal
  2 17 funding and shall establish fees in amounts sufficient to
  2 18 defray the cost of the programs.  Fees received shall be
  2 19 considered repayment receipts as defined in section 8.2.
  2 20    Sec. 2.  Section 136C.10, Code 2003, is amended by adding
  2 21 the following new unnumbered paragraph:
  2 22    NEW UNNUMBERED PARAGRAPH.  The department may establish and
  2 23 collect a fee related to transporting hazardous material if
  2 24 the fee is used for a purpose related to transporting
  2 25 hazardous material, including enforcement and planning,
  2 26 developing, and maintaining a capability for emergency
  2 27 response.  The fees shall be established by rules adopted
  2 28 pursuant to chapter 17A, and shall be deposited into a special
  2 29 fund within the state treasury under the exclusive authority
  2 30 of the department.  Amounts deposited in the special fund
  2 31 shall be considered repayment receipts as defined in section
  2 32 8.2, and shall not be transferred, used, obligated,
  2 33 appropriated, or otherwise encumbered except as provided in
  2 34 this section.  Repayment receipts collected and deposited
  2 35 pursuant to this section that remain unencumbered or
  3  1 unobligated at the close of the fiscal year shall not revert
  3  2 but shall remain available for expenditure for the purposes
  3  3 designated in future fiscal years.
  3  4    Sec. 3.  Section 147.153, subsection 2, Code 2003, is
  3  5 amended to read as follows:
  3  6    2.  For a license as an audiologist:
  3  7    a.  Possess a master's degree or its equivalent from an
  3  8 accredited school, college or university with a major in
  3  9 audiology.
  3 10    b.  Show evidence of completion of not less than three
  3 11 hundred hours of supervised clinical training in audiology as
  3 12 a student in an accredited school, college or university.
  3 13    c.  Show evidence of completion of not less than nine
  3 14 months clinical experience under the supervision of a licensed
  3 15 audiologist following the receipt of the master's degree.
  3 16    d.  In lieu of paragraphs "a" through "c", hold a doctoral
  3 17 degree in audiology, or its equivalent, from an accredited
  3 18 school, college, or university which incorporates the academic
  3 19 coursework and the minimum hours of supervised training
  3 20 required by rules adopted by the board.
  3 21    Sec. 4.  Section 148.10, unnumbered paragraphs 2 and 3,
  3 22 Code 2003, are amended by striking the unnumbered paragraphs
  3 23 and inserting in lieu thereof the following:
  3 24    The temporary certificate shall be issued for a period not
  3 25 to exceed one year and may be renewed, but a person shall not
  3 26 practice medicine and surgery or osteopathic medicine and
  3 27 surgery in excess of three years while holding a temporary
  3 28 certificate.  The fee for this license and the fee for renewal
  3 29 of this license shall be set by the medical examiners.  The
  3 30 fees shall be based on the administrative costs of issuing and
  3 31 renewing the licenses.
  3 32    Sec. 5.  Section 148B.5, subsection 3, Code 2003, is
  3 33 amended by striking the subsection and inserting in lieu
  3 34 thereof the following:
  3 35    3.  Pass an examination, either in electronic or written
  4  1 form, satisfactory to the board and in accordance with rules.
  4  2    Sec. 6.  Section 151.12, Code 2003, is amended to read as
  4  3 follows:
  4  4    151.12  TEMPORARY CERTIFICATE.
  4  5    The chiropractic examiners may, in their discretion, issue
  4  6 a temporary certificate authorizing the licensee to practice
  4  7 chiropractic if, in the opinion of the chiropractic examiners,
  4  8 a need exists and the person possesses the qualifications
  4  9 prescribed by the chiropractic examiners for the license,
  4 10 which shall be substantially equivalent to those required for
  4 11 licensure under this chapter.  The chiropractic examiners
  4 12 shall determine in each instance those eligible for this
  4 13 license, whether or not examinations shall be given, and the
  4 14 type of examinations.  No requirements of the law pertaining
  4 15 to regular permanent licensure are mandatory for this
  4 16 temporary license except as specifically designated by the
  4 17 chiropractic examiners.  The granting of a temporary license
  4 18 does not in any way indicate that the person so licensed is
  4 19 eligible for regular licensure, nor are the chiropractic
  4 20 examiners in any way obligated to so license the person.
  4 21    The temporary certificate shall be issued for one year and
  4 22 at the discretion of the chiropractic examiners may be
  4 23 renewed, but a person shall not practice chiropractic in
  4 24 excess of three years while holding a temporary certificate.
  4 25 The fee for this license shall be set by the chiropractic
  4 26 examiners and if extended beyond one year a renewal fee per
  4 27 year shall be set by the chiropractic examiners.  The fees
  4 28 shall be based on the administrative costs of issuing and
  4 29 renewing the licenses.  The chiropractic examiners may cancel
  4 30 a temporary certificate at any time, without a hearing, for
  4 31 reasons deemed sufficient to the chiropractic examiners.
  4 32    When the chiropractic examiners cancel a temporary
  4 33 certificate they shall promptly notify the licensee by
  4 34 registered mail, at the licensee's last-named address, as
  4 35 reflected by the files of the chiropractic examiners, and the
  5  1 temporary certificate is terminated and of no further force
  5  2 and effect three days after the mailing of the notice to the
  5  3 licensee.
  5  4    Sec. 7.  Section 153.19, subsection 2, Code 2003, is
  5  5 amended to read as follows:
  5  6    2.  A temporary permit shall be issued for a period
  5  7 determined by the board and may be renewed at the discretion
  5  8 of the board.  The fee for a temporary permit and the fee for
  5  9 renewal shall be set by the board.  The fees shall be based on
  5 10 the administrative costs of issuing and renewing the permits.
  5 11 The board may revoke a temporary permit at any time, without a
  5 12 hearing, for reasons deemed sufficient by the board.
  5 13    Sec. 8.  Section 153.19, subsection 3, Code 2003, is
  5 14 amended by striking the subsection.
  5 15    Sec. 9.  Section 155A.3, Code 2003, is amended by adding
  5 16 the following new subsection:
  5 17    NEW SUBSECTION.  15A.  "Electronic signature" means a
  5 18 confidential personalized digital key, code, or number used
  5 19 for secure electronic transmissions which identifies and
  5 20 authenticates the signatory.
  5 21    Sec. 10.  Section 155A.37, subsection 4, Code 2003, is
  5 22 amended to read as follows:
  5 23    4.  The board shall establish a procedure for receiving and
  5 24 investigating complaints of violations of this code.  The
  5 25 board shall investigate all complaints of violations.  The
  5 26 results of an investigation shall be forwarded to the
  5 27 complainant.  
  5 28                           EXPLANATION
  5 29    This bill provides for various changes in connection with
  5 30 programs under the authority of the Iowa department of public
  5 31 health.
  5 32    The bill provides that the department shall maintain a
  5 33 listing of lead abater and lead inspector training programs,
  5 34 and that lead abatements, lead inspections, and lead inspector
  5 35 and lead abater training programs shall be performed and
  6  1 conducted in accordance with work practice standards
  6  2 established by the department.  The bill provides that a
  6  3 person shall not conduct a training program for lead
  6  4 inspectors or lead abaters unless the program has been
  6  5 submitted to and approved by the department.  The bill
  6  6 provides for the adoption of rules regarding minimum
  6  7 requirements for training programs, certification, work
  6  8 practice standards, and suspension and revocation
  6  9 requirements, that the department shall implement the training
  6 10 and certification programs, and that the department shall seek
  6 11 federal funding and shall establish fees in amounts sufficient
  6 12 to defray the cost of the programs.
  6 13    The bill provides that the department may establish and
  6 14 collect a fee related to transporting hazardous material if
  6 15 the fee is used for a purpose related to transporting
  6 16 hazardous material, including enforcement and planning,
  6 17 developing, and maintaining a capability for emergency
  6 18 response.
  6 19    The bill provides that an applicant for a license as an
  6 20 audiologist may hold, as an alternative to a master's degree
  6 21 or its equivalent with a major in audiology, a doctoral degree
  6 22 in audiology, or its equivalent, from an accredited
  6 23 educational institution which incorporates the academic
  6 24 coursework and the minimum hours of supervised training
  6 25 required by rules adopted by the board.
  6 26    The bill deletes provisions which had permitted the boards
  6 27 of medical examiners, dental examiners, and chiropractic
  6 28 examiners to cancel a temporary certificate to practice or a
  6 29 temporary permit without due process.  The bill provides that
  6 30 the occupational therapy and occupational therapist
  6 31 examination may be taken either in electronic or written form
  6 32 without limitation as to how frequently the examination may be
  6 33 administered.
  6 34    The bill provides a definition of "electronic signature"
  6 35 for purposes of electronic transmission of prescription drug
  7  1 orders.  The bill defines "electronic signature" to mean a
  7  2 confidential personalized digital key, code, or number used
  7  3 for secure electronic transmissions which identifies and
  7  4 authenticates the signatory.
  7  5    The bill provides for the deletion of provisions regarding
  7  6 the requirement that results of an investigation of a board of
  7  7 pharmacy examiners employee for alleged violation of the
  7  8 board's code of professional responsibility shall be forwarded
  7  9 to the complainant in favor of provisions contained in Code
  7 10 section 22.7, subsection 11, dealing with confidentiality or
  7 11 release of personnel and investigative information.  
  7 12 LSB 3168HC 80
  7 13 rn/cf/24
     

Text: HSB00290                          Text: HSB00292
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2003 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: Thu Mar 13 02:30:32 CST 2003
URL: /DOCS/GA/80GA/Legislation/HSB/00200/HSB00291/030312.html
jhf