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PAG LIN 1 1 Section 1. Section 135.11, Code 2003, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 30. Administer annual grants to county 1 4 boards of health for the purpose of conducting programs for 1 5 the testing of private water supply wells, the closing of 1 6 abandoned private water supply wells, and the renovation or 1 7 rehabilitation of private water supply wells. Grants shall be 1 8 funded through moneys transferred to the department from the 1 9 agriculture management account of the groundwater protection 1 10 fund pursuant to section 455E.11, subsection 2, paragraph "b", 1 11 subparagraph (3), subparagraph subdivision (b). The 1 12 department shall adopt rules and standards for the grant 1 13 process consistent with that provision. 1 14 Sec. 2. Section 135.105A, Code 2003, is amended to read as 1 15 follows: 1 16 135.105A LEAD INSPECTOR AND LEAD ABATER TRAINING AND 1 17 CERTIFICATION ESTABLISHED – CIVIL PENALTY. 1 18 1. The department shall establish a program for the 1 19 training and certification of lead inspectors and lead 1 20 abaters. The department shall maintain a listing, available 1 21 to the public and to city and county health departments, of 1 22 lead inspector and lead abater training programs that have 1 23 been approved by the department, and of lead inspectors and 1 24 lead abaters who have successfully completed the training 1 25 program and have been certified by the department. A person 1 26 may be certified as both a lead inspector and a lead abater. 1 27 However, a person who is certified as both a lead inspector 1 28 and a lead abater shall not provide both inspection and 1 29 abatement services at the same site unless a written consent 1 30 or waiver, following full disclosure by the person, is 1 31 obtained from the owner or manager of the site. 1 32 2. The department shall also establish a program for the 1 33 training of painting, demolition, and remodeling contractors 1 34 and those whoprovide mitigation control servicesconduct 1 35 interim controls of lead-based paint hazards. The training 2 1 shall be completed on a voluntary basis. 2 2 3. A person who owns real property which includes a 2 3 residential dwelling and who performs lead inspection or lead 2 4 abatement of the residential dwelling is not required to 2 5 obtain certification to perform these measures, unless the 2 6 residential dwelling is occupied by a person other than the 2 7 owner or a member of the owner's immediate family while the 2 8 measures are being performed. However, the department shall 2 9 encourage property owners who are not required to be certified 2 10 to complete the training course to ensure the use of 2 11 appropriate and safemitigationinspection and abatement 2 12 procedures. 2 13 4. Except as otherwise provided in this section, a person 2 14 shall not perform lead abatement or lead inspections unless 2 15 the person has completed a training program approved by the 2 16 department and has obtained certification. All lead abatement 2 17 and lead inspections, and lead inspector and lead abater 2 18 training programs, shall be performed and conducted in 2 19 accordance with work practice standards established by the 2 20 department. A person shall not conduct a training program for 2 21 lead inspectors or lead abaters unless the program has been 2 22 submitted to and approved by the department. A person who 2 23 violates this section is subject to a civil penalty not to 2 24 exceed five thousand dollars for each offense. 2 25 5. The department shall adopt rules regarding minimum 2 26 requirements for training programs, certification, work 2 27 practice standards, and suspension and revocation 2 28 requirements, and shall implement the training and 2 29 certification programs. The department shall seek federal 2 30 funding and shall establish fees in amounts sufficient to 2 31 defray the cost of the programs. Fees received shall be 2 32 considered repayment receipts as defined in section 8.2. 2 33 Sec. 3. Section 136C.10, Code 2003, is amended by adding 2 34 the following new unnumbered paragraph: 2 35 NEW UNNUMBERED PARAGRAPH. The department may establish and 3 1 collect a fee related to transporting hazardous material if 3 2 the fee is used for a purpose related to transporting 3 3 hazardous material, including enforcement and planning, 3 4 developing, and maintaining a capability for emergency 3 5 response. The fees shall be established by rules adopted 3 6 pursuant to chapter 17A, and shall be deposited into a special 3 7 fund within the state treasury under the exclusive authority 3 8 of the department. Amounts deposited in the special fund 3 9 shall be considered repayment receipts as defined in section 3 10 8.2, and shall not be transferred, used, obligated, 3 11 appropriated, or otherwise encumbered except as provided in 3 12 this section. Repayment receipts collected and deposited 3 13 pursuant to this section that remain unencumbered or 3 14 unobligated at the close of the fiscal year shall not revert 3 15 but shall remain available for expenditure for the purposes 3 16 designated in future fiscal years. 3 17 Sec. 4. Section 147.153, subsection 2, Code 2003, is 3 18 amended to read as follows: 3 19 2. For a license as an audiologist: 3 20 a. Possess a master's degree or its equivalent from an 3 21 accredited school, college or university with a major in 3 22 audiology. 3 23 b. Show evidence of completion of not less than three 3 24 hundred hours of supervised clinical training in audiology as 3 25 a student in an accredited school, college or university. 3 26 c. Show evidence of completion of not less than nine 3 27 months clinical experience under the supervision of a licensed 3 28 audiologist following the receipt of the master's degree. 3 29 d. In lieu of paragraphs "a" through "c", hold a doctoral 3 30 degree in audiology, or its equivalent, from an accredited 3 31 school, college, or university which incorporates the academic 3 32 coursework and the minimum hours of supervised training 3 33 required by rules adopted by the board. 3 34 Sec. 5. Section 148.10, unnumbered paragraphs 2 and 3, 3 35 Code 2003, are amended by striking the unnumbered paragraphs 4 1 and inserting in lieu thereof the following: 4 2 The temporary certificate shall be issued for a period not 4 3 to exceed one year and may be renewed, but a person shall not 4 4 practice medicine and surgery or osteopathic medicine and 4 5 surgery in excess of three years while holding a temporary 4 6 certificate. The fee for this license and the fee for renewal 4 7 of this license shall be set by the medical examiners. The 4 8 fees shall be based on the administrative costs of issuing and 4 9 renewing the licenses. 4 10 Sec. 6. Section 148B.5, subsection 3, Code 2003, is 4 11 amended by striking the subsection and inserting in lieu 4 12 thereof the following: 4 13 3. Pass an examination, either in electronic or written 4 14 form, satisfactory to the board and in accordance with rules. 4 15 Sec. 7. Section 151.12, Code 2003, is amended to read as 4 16 follows: 4 17 151.12 TEMPORARY CERTIFICATE. 4 18 The chiropractic examiners may, in their discretion, issue 4 19 a temporary certificate authorizing the licensee to practice 4 20 chiropractic if, in the opinion of the chiropractic examiners, 4 21 a need exists and the person possesses the qualifications 4 22 prescribed by the chiropractic examiners for the license, 4 23 which shall be substantially equivalent to those required for 4 24 licensure under this chapter. The chiropractic examiners 4 25 shall determine in each instance those eligible for this 4 26 license, whether or not examinations shall be given, and the 4 27 type of examinations. No requirements of the law pertaining 4 28 to regular permanent licensure are mandatory for this 4 29 temporary license except as specifically designated by the 4 30 chiropractic examiners. The granting of a temporary license 4 31 does not in any way indicate that the person so licensed is 4 32 eligible for regular licensure, nor are the chiropractic 4 33 examiners in any way obligated to so license the person. 4 34 The temporary certificate shall be issued for one year and 4 35 at the discretion of the chiropractic examiners may be 5 1 renewed, but a person shall not practice chiropractic in 5 2 excess of three years while holding a temporary certificate. 5 3 The fee for this license shall be set by the chiropractic 5 4 examiners and if extended beyond one year a renewal fee per 5 5 year shall be set by the chiropractic examiners. The fees 5 6 shall be based on the administrative costs of issuing and 5 7 renewing the licenses.The chiropractic examiners may cancel5 8a temporary certificate at any time, without a hearing, for5 9reasons deemed sufficient to the chiropractic examiners.5 10When the chiropractic examiners cancel a temporary5 11certificate they shall promptly notify the licensee by5 12registered mail, at the licensee's last-named address, as5 13reflected by the files of the chiropractic examiners, and the5 14temporary certificate is terminated and of no further force5 15and effect three days after the mailing of the notice to the5 16licensee.5 17 Sec. 8. Section 153.19, subsection 2, Code 2003, is 5 18 amended to read as follows: 5 19 2. A temporary permit shall be issued for a period 5 20 determined by the board and may be renewed at the discretion 5 21 of the board. The fee for a temporary permit and the fee for 5 22 renewal shall be set by the board. The fees shall be based on 5 23 the administrative costs of issuing and renewing the permits. 5 24The board may revoke a temporary permit at any time, without a5 25hearing, for reasons deemed sufficient by the board.5 26 Sec. 9. Section 153.19, subsection 3, Code 2003, is 5 27 amended by striking the subsection. 5 28 Sec. 10. Section 155A.3, Code 2003, is amended by adding 5 29 the following new subsection: 5 30 NEW SUBSECTION. 15A. "Electronic signature" means a 5 31 confidential personalized digital key, code, or number used 5 32 for secure electronic transmissions which identifies and 5 33 authenticates the signatory. 5 34 Sec. 11. Section 155A.37, subsection 4, Code 2003, is 5 35 amended to read as follows: 6 1 4. The board shall establish a procedure for receiving and 6 2 investigating complaints of violations of this code. The 6 3 board shall investigate all complaints of violations.The6 4results of an investigation shall be forwarded to the6 5complainant.6 6 Sec. 12. Section 455B.172, subsection 5, Code 2003, is 6 7 amended by striking the subsection and inserting in lieu 6 8 thereof the following: 6 9 5. The department shall maintain jurisdiction over and 6 10 regulate the direct discharge to a water of the state. The 6 11 department shall retain concurrent authority to enforce state 6 12 standards for private water supply and private sewage disposal 6 13 facilities within a county, and exercise departmental 6 14 authority if the county board of health fails to fulfill board 6 15 responsibilities pursuant to this section. 6 16 The department shall by rule adopt standards for the 6 17 commercial cleaning of private sewage disposal facilities, 6 18 including but not limited to septic tanks and pits used to 6 19 collect waste in livestock confinement structures, and for the 6 20 disposal of waste from the facilities. The standards shall 6 21 not be in conflict with the state building code. A person 6 22 shall not commercially clean such facilities or dispose of 6 23 waste from such facilities unless the person has been issued a 6 24 license by the department. The department shall be 6 25 exclusively responsible for adopting the standards and issuing 6 26 licenses. However, county boards of health shall enforce the 6 27 standards and licensing requirements established by the 6 28 department. Application for the license shall be made in the 6 29 manner provided by the department. Licenses expire one year 6 30 from the date of issue unless revoked and may be renewed in 6 31 the manner provided by the department. The license or license 6 32 renewal fee is twenty-five dollars. A person violating this 6 33 section or the rules adopted pursuant to this section is 6 34 subject to a civil penalty of not more than twenty-five 6 35 dollars. Each day that a violation continues constitutes a 7 1 separate offense. However, the total civil penalty shall not 7 2 exceed five hundred dollars per year. The penalty shall be 7 3 assessed for a violation occurring ten days following written 7 4 notice of the violation delivered to the person by the 7 5 department or a county board of health. Moneys collected by 7 6 the department or a county board of health from the imposition 7 7 of civil penalties shall be deposited in the general fund of 7 8 the state. 7 9 Sec. 13. Section 455B.173, subsection 10, Code 2003, is 7 10 amended by striking the subsection. 7 11 EXPLANATION 7 12 This bill provides for various changes in connection with 7 13 programs under the authority of the Iowa department of public 7 14 health. 7 15 The bill provides for the transfer of departmental 7 16 authority to make annual grants to county boards of health for 7 17 the purpose of conducting programs for the testing of private 7 18 water supply wells, the closing of abandoned private water 7 19 supply wells, and the renovation or rehabilitation of private 7 20 water supply wells, as provided for in Code section 455E.11, 7 21 subsection 2, paragraph "b", subparagraph (3), subparagraph 7 22 subdivision (b), from the department of natural resources to 7 23 the Iowa department of public health, and provides that the 7 24 department of public health shall adopt rules and standards 7 25 for the grant administration process. 7 26 The bill provides that the department shall maintain a 7 27 listing of lead abater and lead inspector training programs, 7 28 and that lead abatements, lead inspections, and lead inspector 7 29 and lead abater training programs shall be performed and 7 30 conducted in accordance with work practice standards 7 31 established by the department. The bill provides that a 7 32 person shall not conduct a training program for lead 7 33 inspectors or lead abaters unless the program has been 7 34 submitted to and approved by the department. The bill 7 35 provides for the adoption of rules regarding minimum 8 1 requirements for training programs, certification, work 8 2 practice standards, and suspension and revocation 8 3 requirements, that the department shall implement the training 8 4 and certification programs, and that the department shall seek 8 5 federal funding and shall establish fees in amounts sufficient 8 6 to defray the cost of the programs. 8 7 The bill provides that the department may establish and 8 8 collect a fee related to transporting hazardous material if 8 9 the fee is used for a purpose related to transporting 8 10 hazardous material, including enforcement and planning, 8 11 developing, and maintaining a capability for emergency 8 12 response. 8 13 The bill provides that an applicant for a license as an 8 14 audiologist may hold, as an alternative to a master's degree 8 15 or its equivalent with a major in audiology, a doctoral degree 8 16 in audiology, or its equivalent, from an accredited 8 17 educational institution which incorporates the academic 8 18 coursework and the minimum hours of supervised training 8 19 required by rules adopted by the board. 8 20 The bill deletes provisions which had permitted the boards 8 21 of medical examiners, dental examiners, and chiropractic 8 22 examiners to cancel a temporary certificate to practice or a 8 23 temporary permit without due process. The bill provides that 8 24 the occupational therapy and occupational therapist 8 25 examination may be taken either in electronic or written form 8 26 without limitation as to how frequently the examination may be 8 27 administered. 8 28 The bill provides a definition of "electronic signature" 8 29 for purposes of electronic transmission of prescription drug 8 30 orders. The bill defines "electronic signature" to mean a 8 31 confidential personalized digital key, code, or number used 8 32 for secure electronic transmissions which identifies and 8 33 authenticates the signatory. 8 34 The bill provides for the deletion of provisions regarding 8 35 the requirement that results of an investigation of a board of 9 1 pharmacy examiners employee for alleged violation of the 9 2 board's code of professional responsibility shall be forwarded 9 3 to the complainant in favor of provisions contained in Code 9 4 section 22.7, subsection 11, dealing with confidentiality or 9 5 release of personnel and investigative information. 9 6 LSB 3220SV 80 9 7 rn/cf/24.1
Text: SF00414 Text: SF00416 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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