1997 SUMMARY OF LEGISLATION

HEALTH AND SAFETY

HEALTH & SAFETY LEGISLATION

SENATE FILE 59 - Emergency Medical Care Provider Certification Fees (full text of act)

BY BARTZ. This Act provides that certification fees currently paid to the Iowa Department of Public Health by emergency medical care providers are to be deposited in the Emergency Medical Services Fund established in Code Section 135.25. Moneys in this fund are to be used to assist counties by matching, on a dollar-for-dollar basis, moneys spent by a county for the acquisition of emergency medical services equipment and to provide grants to counties for education and training in the delivery of emergency medical services.

SENATE FILE 126 - Open Burning (full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act permits a fire chief to issue a permit authorizing a supervised, controlled burn in the fire district of the chief even while the State Fire Marshal has issued a proclamation prohibiting open burning in the area.

SENATE FILE 128 - Statistical Reporting of Terminations of Pregnancy (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act requires a health care provider to report both spontaneous and induced terminations of pregnancy to the Iowa Department of Public Health (IDPH) within 30 days of the occurrence. The Act lists the information to be included in the report and requires the IDPH to adopt rules that specify the collection procedures to be used and which ensure anonymity of all parties related to the report.
In order to secure federal funding or to conduct public health research, the Act authorizes the IDPH to share information with federal public health officials, as long as the IDPH maintains its control of the information and ensures that use of the information is in compliance with the Act. The Act requires the IDPH to annually publish a demographic summary of the information obtained through the reports.
The Act also establishes the manner of use of the information in order to ensure confidentiality of all parties related to the report, and does the following: states the intent of the General Assembly that the information be collected, reproduced, released, and disclosed in accordance with rules which ensure anonymity of the patient, health care provider, hospital, clinic, or other facility; provides that the IDPH is to use identifying information solely for the purposes of information collection and verification of the information; requires that entry of the information from the reports be performed within 30 days of the receipt of the report and that the information then be immediately destroyed; prohibits entry of any health care provider, hospital, clinic, or other health facility identification information including, but not limited to, the health care provider code assigned by the IDPH; provides for release of the information only in the aggregate form as defined in the Act; requires the IDPH to establish a methodology to provide a statistically verifiable basis for determining the correct amount of information that may be released without compromising the confidentiality of any person; provides that except as otherwise specified in the Act, reports, information and records submitted and maintained under the Act are confidential and are not to be released or made public upon subpoena, search warrant, discovery proceedings, or by any other means; provides for the assignment of a health care provider code without requiring an application process; provides that a health care provider assign a report tracking number to the report submitted which does not identify the patient; provides that it is preferred that a health care provider who practices within a hospital, clinic or other health facility authorize one staff person to fulfill the reporting requirements; and defines the terms "health care provider," "including a termination of pregnancy," and "spontaneous termination of pregnancy" for the purposes of the Act.
The Act establishes a penalty of a serious misdemeanor for violation of reporting requirements of the Act.

SENATE FILE 163 - Sale of Cigarettes and Tobacco Products Through Vending Machines (full text of act)

BY BOETTGER AND IVERSON. This Act prohibits the sale of cigarettes or tobacco products through vending machines unless the vending machine is located in a place where the retailer ensures that a person younger than 18 years of age is not present or permitted to enter at any time. A permit holder who violates this provision is subject to revocation of the permit.

SENATE FILE 236 - Health Facilities and Services — Certificate of Need Program (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act makes changes to the Certificate of Need (CON) Program.
The CON Program provides a process for state approval of an application for the offering or developing of a new or changed institutional health service in the state. Application for approval is made to the State Health Facilities Council administered by the Iowa Department of Public Health. Kidney disease treatment centers and hemodialysis units are eliminated from the definition of "institutional health facility," with the intended result to cease review of these services under the program. The capital expenditure thresholds for review of a number of services and types of equipment are increased and certain conditions are placed on review of other services and expenditures.
The Act exempts certain services and equipment from CON review, including certain nonpatient care services such as parking facilities; redistribution of acute care beds under certain conditions; replacement or modernization of an institutional health facility under certain conditions; hemodialysis services provided by a hospital or freestanding facility; hospice services provided by a hospital; the change of ownership, licensure, organizational structure, or designation of a type of facility if the health services offered by the successor facility are unchanged; and the conversion of an existing number of beds by an intermediate care facility for persons with mental retardation (ICFMR) to a smaller facility environment.
The Act establishes a minimum application fee of $600 and a maximum fee of $21,000. The Act also shortens the period between the time a letter of intent to offer or develop a service requiring a certificate of need is submitted, and initiation of the application process is begun, from 60 to 30 days. The Act provides that the State Health Facilities Council is to meet as necessary rather than at least once monthly. The Act also directs the Iowa Department of Public Health to conduct a review of the CON Program and submit a report of findings and recommendations as to the continued relevance of the program to the General Assembly by January 15, 2000, and directs the Iowa Department of Public Health, the Department of Human Services, and the Department of Inspections and Appeals to review the regulations of psychiatric medical institutions for children and ICFMRs and submit a joint report to the General Assembly by January 1998. The Act also extends the moratorium on processing of applications for ICFMRs from June 30, 1997, until June 30, 1998.

SENATE FILE 300 - Rules for HIV Home Testing Kits (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act directs the Iowa Department of Public Health, in consultation with the Board of Pharmacy Examiners, to adopt rules to establish what constitutes a home testing kit for the human immunodeficiency virus (HIV). The section amended currently prohibits the advertising for sale, offering for sale, or selling of a home testing kit for HIV testing. Establishing what constitutes a home testing kit distinguishes these kits from home collection kits used for the purpose of collecting a sample for testing at a lab, and therefore allows the use of home collection kits.

SENATE FILE 457 - Pharmacy Practice and Procedure — Nitrous Oxide (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act makes several modifications to the Iowa Pharmacy Practice Act.
The Act provides that qualified individuals who are authorized to administer drugs and who are employed by a home health agency or hospice may obtain, possess and transport emergency prescription drugs to home care or hospice patients.
The Act also provides that a pharmacy may furnish a prescription drug or device to a licensed health care facility, for storage in more than one secured emergency drug box within the facility, in accordance with rules of the Board of Pharmacy Examiners and the Department of Inspections and Appeals. Previously, Code Section 155A.15 provided for a single emergency drug box located within a facility.
The Act establishes that in addition to a written signature of a practitioner, electronically transmitted signatures are permitted by a practitioner in issuing a prescription. The Act establishes programs to aid impaired pharmacists, pharmacist interns and pharmacy technicians, and provides for reporting, confidentiality, immunity, and funding in relation to such programs.
Finally, the Act establishes that the unlawful possession and unlawful distribution of nitrous oxide constitutes a serious misdemeanor.
SENATE FILE 499 - Tobacco Violations by Underage Persons — Age Identification on Licenses
BY IVERSON. This Act relates to privileges and prohibitions relating to tobacco, tobacco products and cigarettes relative to minors.
The Act provides that motor vehicle licenses or nonoperator's identification cards issued to persons under 18 years of age are to include, prominently on the face of the license, the words "under eighteen" and those issued to persons under the age of 21 but older than 18 are to include, prominently on the face of the license, the words "under twenty-one."
The Act also increases the scheduled fine for violation of the provision that prohibits a person under 18 years of age from smoking, using, possessing, purchasing, or attempting to purchase any tobacco, tobacco products or cigarettes from the current $25 to a graduated fine of $25 for a first offense, $50 for a second offense, and $100 for a third or subsequent offense. The fine, which is a civil penalty, is to be retained, upon collection, by the city or county enforcing the violation and is to be used for additional enforcement of the prohibition. The fine for failing to pay the civil penalty is an additional civil penalty in the same amount as the fine for the underlying offense.

SENATE FILE 523 - Health Care Facilities — Records Checks — Home Health Services (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act provides for preemployment criminal and dependent adult abuse records checks of prospective employees of health care facilities regulated by the Department of Inspections and Appeals. See also H.F. 439, which provides for development of a single contact central repository for performing these and other records checks. In addition, the Act directs the Departments of Public Health and Inspections and Appeals to review state and federal regulations applicable to in-home providers of health services to determine the feasibility of implementing criminal and dependent abuse records checks and other requirements of these providers.
Health care facilities covered under the Act include residential care facilities (RCFs), nursing facilities (NFs), and intermediate care facilities for persons with mental illness or mental retardation (ICFMIs and ICFMRs).
Under prior law, a health care facility had the option of requesting the Department of Human Services (DHS) to perform criminal and child and dependent adult abuse records checks prior to a person's employment or licensure. The Act requires a health care facility to request the Department of Public Safety to perform criminal and dependent adult abuse records checks prior to employment of a person in the facility. In addition, the facility may request DHS to perform a child abuse records check. As under prior law, if the checks indicate the person has committed a crime or has a record of founded abuse, DHS is to perform an evaluation to determine if the person's employment should be prohibited. Criteria for the evaluation, such as the nature and seriousness of the crime or abuse, are outlined in the statute.

SENATE FILE 526 - Healthy Families Program (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act requires the Iowa Department of Public Health to establish a Healthy Opportunities for Parents to Experience Success (HOPES) — Healthy Families Iowa (HFI) Program. The program contains a number of components designed to provide services to children and families during the prenatal through preschool years, and is intended to promote optimal child health and development, improve family coping skills and functions, promote positive parenting skills and intrafamilial interaction, and prevent child abuse and neglect and infant mortality and morbidity.
The program may be implemented, in whole or in part, by contracting with a nonprofit child abuse prevention organization, local nonprofit certified home health program, or other local nonprofit organization. The Act requires that the Iowa Department of Public Health, the Department of Human Services, the Department of Education, and other state agencies and programs, as appropriate, furnish technical assistance and support to communities desiring to redesign their local programs and services targeted at families with children through five years of age. The Act also requires departments, agencies and programs to facilitate the consolidation of existing state funding appropriated and made available to communities for family support services.
The Act encourages communities to implement a single uniform family risk assessment mechanism. Requests by local communities for assistance in redesigning services are to be submitted to, and subject to the joint approval of, the Iowa Department of Public Health, the Department of Human Services, and the Department of Education based on the innovation zones principles established in Code Section 8A.2.

HOUSE FILE 335 - Public Health — Miscellaneous Provisions (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act makes numerous changes to programs within, and administered by, the Iowa Department of Public Health.
The Act amends existing law, which provides for the confidentiality of public records, to enable the exchange of child immunization information among public health agencies and health care providers.
The Act provides for the placement or transfer of a person, following a commitment hearing in which the court finds that the person is a chronic substance abuser, in a facility operated by the Veterans Administration or another federal facility if the person is eligible for the placement. The Act also provides for placement of an eligible person in such a facility if the person is committed in another state and the person is in this state.
The Act amends existing law to specifically set out the authority of the Child Death Review Team to obtain confidential records and to maintain confidentiality during death reviews. The Act also establishes immunity for members of the Child Death Review Team and their agents acting in good faith and without malice in the execution of their duties in their official capacity. The Act provides that a person who releases or discloses confidential data, records or any other type of information in violation of the Child Death Review Team provisions is guilty of a serious misdemeanor.
The Lead Inspector and Abater Certification Program provisions of the Code are amended to include necessary provisions to be deemed an authorized state program by the federal Environmental Protection Agency (EPA).
The Act establishes a lead hazard notification process for professional renovation, remodeling and repainting projects in targeted housing. The establishment of such a notification process is an additional federal EPA requirement for authorization of a state program. A contingent effective date, based on federal approval of the state program, is provided.
The Act amends the Vital Statistics chapter of the Code to redefine "fetal death" and "live birth" to distinguish between an actual fetal death or live birth and various anomalies, and to redefine "registration" for the purposes of the chapter.
The Act further amends various provisions of the chapter to provide for the modernization of vital records procedures and to facilitate the transition of county registrar duties from the clerks of the district court to the county recorders. The Act provides for changes in the birth and death registration processes and disallows issuance of delayed birth certificates for a deceased person. The Act also provides that a public record is not to be withheld from public access due to being combined with data processing software. In addition, the Act grants an exception to medical examiners and emergency medical services in addition to funeral directors from the requirement of securing a burial-transit permit when assuming custody of a dead body or fetus.
The Act authorizes the Board of Nursing Examiners to disclose pass or fail examination results to other state licensing authorities and to board-approved education programs in order to facilitate requests for licensure and to verify accuracy and determine approval.
The Act provides for exceptions to provisions regarding health profession continuing education and regulation, for the Board of Dental Examiners. The exceptions include allowing citizen board member participation in disciplinary hearing panels and providing licensees practicing out-of-state the ability to meet state continuing education requirements by meeting the requirements of the state in which they practice.
The Act abolishes the Plumbing Code Fund. The provision required cities that license plumbers to pay the Treasurer of State $1 for each license issued, and 25 cents for each renewal issued, to be used to pay the state printing costs for rules governing the installation of plumbing and plumbers' license and application forms.

HOUSE FILE 384 - Controlled Substances — Ephedrine (full text of act)

BY COMMITTEE ON JUDICIARY. This Act adds certain substances containing ephedrine to the list of schedule V controlled substances. The Act also lists those substances containing ephedrine that are specifically excluded from schedule V. Under Iowa Code Section 124.308, schedule V controlled substances do not require a prescription, but are not to be distributed other than for a medical purpose. The distribution of schedule V substances is regulated by pharmacists.

HOUSE FILE 439 - Repository for Licensing, Registry, and Criminal History Information (full text of act)

BY MARTIN and JACOBS. This Act requires development of a single contact repository for criminal history, child and dependent adult abuse and sex offender registries, and nurse aide and other health profession certification and licensing information.
The Department of Inspections and Appeals is required to work as the lead agency with the Departments of Human Services, Elder Affairs, Public Health, and Public Safety to plan the development of the single contact repository. The purpose of the repository is to permit employers, local governments and state agencies to obtain the above information with one contact. The Department of Inspections and Appeals, with the other agencies, is required to report on or before January 15, 1998, concerning the progress in developing the repository. The report is required to address implementation needs along with other information.

RELATED LEGISLATION

SENATE FILE 131 -- Fraudulent Practices Involving Public Assistance Benefits

(Complete summary under HUMAN SERVICES)

This Act relates to fraudulent practices involving Family Investment and Medical Assistance (Medicaid) Program benefits and makes penalties applicable.

SENATE FILE 240 -- Federal Block Grant Appropriations

(Complete summary under APPROPRIATIONS)

This Act appropriates federal block grant and other nonstate moneys to various state agencies for the federal fiscal year beginning October 1, 1997, and ending September 30, 1998, and for the state fiscal year beginning July 1, 1997, and ending June 30, 1998. The Act includes appropriations for maternal and child health, preventive health and health services, substance abuse, and other health-related programs.

SENATE FILE 251 -- Victims of International Terrorism

(Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE)

This Act provides that victim compensation benefits payable under the Crime Victim Compensation chapter, Code Chapter 912, are payable to residents of Iowa who are victims of crimes that constitute international terrorism under federal law and that occur outside of the United States.
The Act takes effect March 31, 1997.

SENATE FILE 285 -- Household Hazardous Materials

(Complete summary under ENVIRONMENTAL PROTECTION)

This Act relates to household hazardous materials, as defined in the Code, and to retail labeling requirements.

SENATE FILE 358 -- Interstate Emergency Management Assistance Compact

(Complete summary under STATE GOVERNMENT)

This Act provides for the Emergency Management Assistance Compact, which is to replace the Interstate Civil Defense and Disaster Compact in Code Section 29C.21. The compact provides for mutual assistance between states entering into the compact in managing emergencies or disasters.

SENATE FILE 451 -- Milk and Milk Products

(Complete summary under AGRICULTURE)

This Act regulates the milk industry, including the collection, transportation and grading of milk. The Act provides requirements for licenses and permits of persons involved in the industry. The Act provides for standards of operation for milk haulers, milk graders and bulk milk tankers.

SENATE FILE 503 -- Criminal Justice — Miscellaneous Provisions

(Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE)

This Act makes a variety of changes relating to criminal justice including providing an additional penalty of five years of confinement for persons who manufacture methamphetamine, its salts, isomers or salts of isomers in the presence of a minor.

SENATE FILE 541 -- Child Day Care

(Complete summary under CHILDREN & YOUTH)

This Act relates to child day care regulated by the Department of Human Services by creating a dual group day care home registration classification and establishing a child care home pilot project in up to two counties.

SENATE FILE 542 -- Supplemental and Other Appropriations and Miscellaneous Provisions

(Complete summary under APPROPRIATIONS)

This Act makes supplemental appropriations for FY 1996-1997 and appropriations for other fiscal years. The Act includes an appropriation for implementation of statistical reporting of abortions, creates a prepayment fund for fees to perform criminal history record checks, delays implementation of Phase I of the Community Health Management Information System (CHMIS), creates a Tobacco Settlement Fund and directs that part of the proceeds be appropriated for smoking prevention programs, and reestablishes the State Income Tax Checkoff for domestic abuse programs.

HOUSE FILE 121 -- Notification Requirements Regarding Pregnant Minors

(Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE)

This Act changes prior law relating to parental notification requirements regarding pregnant minors.

HOUSE FILE 133 -- Health Benefit Plans — Point of Service Options

(Complete summary under BUSINESS, BANKING & INSURANCE)

This Act provides that a health insurance carrier or organized delivery system which offers a limited provider network plan to provide health care services or benefits to the employees of a small or large employer must also offer certain other options to such employer.

HOUSE FILE 226 -- Reduction of Criminal Sentences for Good Behavior

(Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE)

This Act establishes two categories of sentences to facilitate the computation of the amount of time by which the Department of Corrections should reduce an inmate's term of confinement for good behavior, makes other changes related to the accrual of good time, and provides for partial retroactive applicability of the Act's provisions.

HOUSE FILE 255 -- Mental Health and Developmental Disability Funding — Allowed Growth Factor Adjustment

(Complete summary under LOCAL GOVERNMENT)

This Act establishes an allowed growth factor adjustment for county mental health, mental retardation, and developmental disabilities (MH/MR/DD) services in FY 1997-1998 and FY 1998-1999. Appropriations of approximately $6.1 million and $12.5 million are made for the respective fiscal years to fund a 2.89 percent increase in growth in county expenditures for MH/MR/DD services in each of the fiscal years.

HOUSE FILE 313 -- Requirements for Certain Child Day Care Providers

(Complete summary under CHILDREN & YOUTH)

This Act requires criminal and child abuse record checks of otherwise unregistered or unlicensed persons who receive public funding for providing child day care.

HOUSE FILE 399 -- Unfired Steam Pressure Vessels

(Complete summary under LABOR & EMPLOYMENT)

This Act provides for the frequency of inspection of unfired steam pressure vessels by the Labor Commissioner.

HOUSE FILE 542 -- Assaults on Jail and Correctional Employees

(Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE)

This Act establishes a new class "D" felony for certain acts that are committed by inmates and result in a jail or correctional facility employee coming into contact with blood, seminal fluid, urine, or feces.

HOUSE FILE 578 -- Continued Operation of Department of Human Rights

(Complete summary under STATE GOVERNMENT)

This Act provides for the continued operation of the Department of Human Rights.

HOUSE FILE 579 -- Medical Assistance Advisory Council

(Complete summary under HUMAN SERVICES)

This Act affects the membership of the council that consults with the Director of Human Services regarding the Medical Assistance (Medicaid) Program.

HOUSE FILE 659 -- Practice of Respiratory Care

(Complete summary under STATE GOVERNMENT)

This Act modifies provisions of Code Chapter 152B regarding respiratory care practice and professional regulation.

HOUSE FILE 692 -- Parking Permits — Statement Regarding Handicap

(Complete summary under TRANSPORTATION)

This Act provides that handicapped parking permits may be issued pursuant to the statement of a physician assistant or nurse practitioner.

HOUSE FILE 693 -- Tort Reform — Miscellaneous Provisions

(Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE)

This Act relates to statutes of limitation and repose in civil actions, interest rates on judgments and decrees, procedures for furnishing patient records of plaintiffs, comparative fault in consortium claims, damages in civil actions, and joint and several liability. The Act also requires the Iowa Department of Public Health to annually submit a report to the General Assembly relating to and regarding the number of physicians practicing in the area of obstetrics.

HOUSE FILE 698 -- Child Abuse Information and Central Registry

(Complete summary under CHILDREN & YOUTH)

This Act relates to the state's child protection system law for placement of child abuse information in the central child abuse registry at the conclusion of a Department of Human Services investigation or assessment of a report of child abuse. In addition, the Act specifically addresses how various types of child abuse information are to be maintained and confidentiality protected by persons involved with the system, including child abuse record checks by health-related employers.

HOUSE FILE 701 -- Health Care Coverage — Portability and Continuity

(Complete summary under BUSINESS, BANKING & INSURANCE)

This Act enacts changes required as a result of passage of the federal Health Insurance Portability and Accountability Act, which was enacted in 1996 and provides for continuity of coverage between self-funded plans and insured health care plans.

HOUSE FILE 702 -- Human Services — Miscellaneous Provisions

(Complete summary under LOCAL GOVERNMENT)

This Act affects a number of provisions relating to the service system, facilities, funding, and other requirements for mental health, mental retardation and developmental disability (MH/MR/DD) services.

HOUSE FILE 707 -- Operating While Intoxicated and Related Provisions

(Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE)

This Act amends the laws relating to the offense of operating while intoxicated (OWI), including increasing criminal penalties, providing for restitution for public agencies who provide emergency services where an OWI violation has occurred, providing for forfeiture of vehicles upon a second offense of driving under a suspended license for an OWI violation, and providing for criminal penalties and civil liability for persons who knowingly lend a motor vehicle to a person whose license is suspended for an OWI violation.

HOUSE FILE 715 -- Appropriations — Human Services

(Complete summary under APPROPRIATIONS)

This Act makes appropriations to the Department of Human Services and includes many appropriations for health and health-related services, including the Medical Assistance (Medicaid) Program, long-term health care, and mental health, mental retardation and developmental disabilities services.

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