1998 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

HEALTH & SAFETY

HEALTH & SAFETY LEGISLATION

SENATE FILE 2161 - HIV Testing, Reporting, and Partner Notification (full text of act)

BY SZYMONIAK. This Act amends provisions relating to human immunodeficiency virus (HIV) testing and partner notification.

The Act provides that free testing available to the public is no longer anonymous and that the Iowa Department of Public Health is to be provided with any relevant partner information for the purposes of conducting partner notification in the same manner as for other sexually transmitted diseases. The Act also provides for the information to be included in a report of a positive HIV test result to the department from the person performing the test, and requires that the department develop an informational brochure for patients who may have blood withdrawn for an HIV test, which includes a summary of the patient's rights and responsibilities under the law.

SENATE FILE 2285 - Anatomical Gifts -- Hospital Reimbursement Grants -- Annual Donation and Compliance Report (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act provides that the Iowa Department of Public Health, in conjunction with the Iowa Statewide Organ Procurement Organization, will prepare and submit a report to the General Assembly on or before January 1 each year regarding organ donation rates and voluntary compliance efforts by physicians, hospitals and other health systems organizations. The report will contain an evaluation of the success of organ procurement efforts in the state, including statistics regarding organ and tissue donation activity as of September 30 of the preceding year, efforts by the Iowa Statewide Organ Procurement Organization and related parties to increase organ and tissue donation and consent rates, voluntary compliance efforts by physicians, hospitals and health systems organizations and the results of those efforts, annual contribution levels to the Anatomical Gift Public Awareness and Transplantation Fund established in Code Section 142C.15, efforts and ideas for increasing public awareness of the option of organ and tissue donation, and any additional information determined to be relevant by the department in assessing the status and progress of organ and tissue donation efforts in the state.

Additionally, the Act provides for a change in the threshold protocol compliance rate in order for hospitals to qualify for Anatomical Gift Public Awareness and Transplantation Fund reimbursement grants pursuant to Code Section 142C.15. Specifically, the Act provides that a hospital must achieve a rate of compliance with organ donation procedure protocols in the top 50 percent of all hospitals submitting documentation to be considered eligible for a reimbursement grant. Previously, hospitals had to submit documentation that they were observing organ and tissue donation protocols for at least 80 percent of all patient deaths in that hospital in order to receive grants providing reimbursement for the development and administration of organ donation procedures and expenses related to performing organ and tissue transplant operations. Provisions of the Act are based upon the recommendations of the Anatomical Gift Referral Study Committee, which met during the 1997 legislative interim.

SENATE FILE 2341 -- Hepatitis Type B Immunizations (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to hepatitis type B immunizations of children and requires the Iowa Department of Public Health to develop a plan for protecting persons against hepatitis type B and requiring hepatitis type B immunization of children. The plan is to be submitted to the Governor and General Assembly by October 1, 1998.

The Act requires evidence of hepatitis type B immunization for children born on or after July 1, 1999, who are enrolling in school. The requirement is first applicable to children enrolling for the 1999-2000 school year. Existing provisions for children and religious exemptions from the requirement are applicable.

The Act takes effect April 2, 1998.

HOUSE FILE 530 - Assistive Devices (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act creates a new Code Chapter regarding warranties for assistive devices. "Assistive device" is defined as any item used to help maintain or improve the functional capabilities of a person with disabilities. The Act also defines, for the purposes of this chapter, "consumer," "loaner," "manufacturer," and other terms used in the chapter concerning repair and cost.

The Act provides for an express warranty on assistive devices of at least one year. The Act further provides for the repair of a nonconforming assistive device and provides a consumer with the ability to obtain a refund or a replacement device if the nonconformity is not repaired. The Act also provides that, if certain conditions are met, a manufacturer must provide to a consumer either at least partial reimbursement for inability to use an assistive device or a free loaner assistive device if the device is being repaired.

The Act also provides that when a device returned for a nonconformity is resold or leased, the reason for its return must be disclosed in writing to a prospective buyer or lessee.

The Act does not limit a consumer's right to pursue other remedies concerning an assistive device and provides for a civil action to obtain damages for a violation of this new Code chapter.

The Act provides that hearing aids sold, leased or transferred to a consumer from an audiologist or hearing aid dealer are exempt from the chapter if the audiologist or dealer provides an express warranty or provides for service and replacement of the hearing aid. A device for which a certificate of title is issued by the state Department of Transportation is also exempt from this chapter.

HOUSE FILE 2120 - Self-Service Displays for Cigarettes and Tobacco Products (full text of act)

BY THOMSON. This Act provides legislative intent relative to access of a minor to cigarettes and tobacco products. Beginning January 1, 1999, the Act also prohibits the use of self-service displays, which allow the buyer to take possession of the product without the seller being present for the sale of, or offering for sale of, cigarettes or tobacco products in a quantity of less than a carton. Vending machine sales allowed by law are not affected. The Act provides that a retailer who violates the Act is subject to revocation of the retail permit.

HOUSE FILE 2275 -- Health Care Facility Inspection Records and Health Care Provider Record Checks (full text of act)

BY MARTIN, LORD, NELSON, KREMER, AND THOMSON. This Act relates to health care facility inspections and employee record checks. The Act directs the Department of Inspections and Appeals to establish a report card system for the recording of the results of inspections of health care facilities including a summary of the findings of the inspection, any violation found, any enforcement action taken including any citations issued and penalties assessed, any actions taken to correct violations or deficiencies, and the nature and status of any action taken with respect to any uncorrected violation for which a citation is outstanding. The report card form is to be developed by the department in cooperation with various interested persons. The completed report cards are to be made electronically accessible to the public on a monthly basis and the department is directed to compile the report cards on an annual basis and make the compilation available in its office in Des Moines and also electronically. The Act also requires the department to provide compilations of the report cards on a cumulative, four-year period basis and to make the compilations available in the same manner as the annual compilations.

The Act makes the requirements of child, dependent adult and criminal record checks currently applicable to prospective employees of health care facilities applicable to the prospective employees of various home care providers, hospices, and recipients of federal home and community-based services waivers if the providers are regulated by the state or receive state or federal funding. The Act is further amended by H.F. 2395 (see Appropriations) to apply to prospective employees of assisted living facilities and elder group homes.

The Act repeals Code Section 135C.47, the substance of which is incorporated into the Act in the portion relating to public access to information and report cards.

HOUSE FILE 2340 - Volunteer Health Care Provider Program -- Inclusion of Dental and Certain Medical Services (full text of act)

BY COMMITTEE ON JUDICIARY. This Act includes dentists in the definition of "health care provider" for purposes of eligibility under the Volunteer Health Care Provider Program. The Act also provides that medical services to be provided under the program are to include obstetrical and gynecological medical services.

RELATED LEGISLATION

SENATE FILE 530 -- Enhanced E911 Emergency Telephone Systems -- Wireless Communications Surcharge and E911 Administrator (Complete summary under LOCAL GOVERNMENT.)

This Act establishes an E911 wireless communications surcharge, provides for an E911 administrator in the Department of Public Defense, expands the membership on the E911 Communications Council, and provides appropriations for the E911 administrator and for telecommunicator training.

The Act takes effect April 16, 1998.

SENATE FILE 2073 -- Partial-Birth Abortions (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act prohibits a person from performing a partial-birth abortion relative to a human fetus. Notwithstanding the prohibition, the Act provides that a person may perform a partial-birth abortion if necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness or physical injury. A person who performs a partial-birth abortion in violation of the Act is guilty of a class "C" felony. The Act provides that certain individuals may also bring a civil action for relief against a person violating the criminal provisions of the Act.

SENATE FILE 2136 -- Substantive Code Corrections (Complete summary under STATE GOVERNMENT.)

This Act contains statutory corrections that adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities. The Act changes the name of the Iowa Highway Safety Patrol to the Iowa State Patrol and corrects a reference in provisions relating to blood or genetic testing in paternity actions.

SENATE FILE 2186 -- Validity and Enforceability of Veterans Advance Directive Documents (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act provides that an advance directive declaration or similar document, executed by a veteran of the armed forces, which complies with the federal Department of Veterans Affairs requirements for advance directives, is deemed valid and enforceable in Iowa under the Life-Sustaining Procedures Act and the Durable Power of Attorney for Health Care Code chapter.

SENATE FILE 2280 -- Appropriations -- Health and Human Rights (Complete summary under APPROPRIATIONS.)

This Act provides for appropriations to the Department for the Blind, the Iowa State Civil Rights Commission, the Department of Elder Affairs, the Governor's Alliance on Substance Abuse, the Iowa Department of Public Health, the Department of Human Rights, and the Commission of Veterans Affairs.

SENATE FILE 2312 -- Child Day Care (Complete summary under CHILDREN & YOUTH.)

This Act relates to Department of Human Services child day care requirements involving volunteers and to child day care home pilot projects.

SENATE FILE 2332 -- Organic Agricultural Products (Complete summary under AGRICULTURE.)

This Act establishes a new Code chapter that imposes requirements for the production, handling, processing, and sale of organic agricultural products, including commodities and processed products.

SENATE FILE 2333 -- Occupational Hearing Loss (Complete summary under LABOR & EMPLOYMENT.)

This Act amends Code Chapter 85B concerning workers' compensation for an employee who suffers an occupational hearing loss. The Act also requires an employer to provide an employee with a hearing aid for each ear affected by an occupational hearing loss.

SENATE FILE 2345 -- Juvenile Justice -- Out-of-Home Placement, Termination of Parental Rights, and Adoption (Complete summary under CHILDREN & YOUTH.)

This Act relates to juvenile justice system provisions involving temporary removal of children, child in need of assistance proceedings, foster care, termination of parental rights, and adoption. Many provisions of the Act are to conform with federal requirements in the federal Adoption and Safe Families Act of 1997, Pub. L. No. 105-89. The Act makes other significant changes to Code Chapter 232, Juvenile Justice.

SENATE FILE 2359 -- Citizens' Aide Review of Child Protection System (Complete summary under CHILDREN & YOUTH.)

This Act provides for a review of the state's child protection system by the Office of the Citizens' Aide/Ombudsman, including reporting, assessment, child removal, child in need of assistance proceedings, review and appeals, and termination of parental rights. The purpose of the review is to determine whether the current system adequately provides fairness and due process protections for all involved with the system.

SENATE FILE 2366 -- Educational Programming and Related Provisions and Appropriations (Complete summary under EDUCATION.)

This Act appropriates $5.2 million to the Department of Education from the General Fund of the State for deposit in the Iowa Empowerment Fund for a program established in S.F. 2406 (see Local Government) with the initial goal of implementing a statewide system of community empowerment areas. An important initial emphasis of the community empowerment areas is to improve the well-being of families with young children. An additional emphasis is to reduce duplicative bureaucratic requirements that are barriers to community efforts to improve the efficiency and effectiveness of local education, health and human services programs.

SENATE FILE 2373 -- Stalking and Harassment -- Criminal History Data and No-Contact Orders (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act makes changes pertaining to certain crimes against persons by providing for retention of information pertaining to certain dismissals and acquittals in criminal actions involving allegations of the commission or the attempted commission of physical or mental injury to another, by requiring criminal and juvenile justice agencies to collect and maintain information pertaining to stalking, by changing one of the criteria established for enhanced stalking penalties, and by providing a procedure for the issuance of a no-contact order in harassment and stalking cases upon the arrest of a person who has allegedly committed the offense of harassment or stalking.

SENATE FILE 2383 -- Amusement Ride Rider Safety (Complete summary under STATE GOVERNMENT.)

This Act relates to amusement ride rider safety.

SENATE FILE 2400 -- Powers and Duties of County Treasurers (Complete summary under LOCAL GOVERNMENT.)

This Act gives the county treasurer the option of retaining for deposit in the county general fund up to 5 percent of the voluntary contribution made to the state's Anatomical Gift Public Awareness and Transplantation Fund.

SENATE FILE 2406 -- Iowa Empowerment Board, Community Empowerment Areas, and Community Empowerment Area Boards (Complete summary under LOCAL GOVERNMENT.)

This Act creates the Iowa Empowerment Board and authorizes local committees to create community empowerment areas and community empowerment area boards. The stated purpose of the Act is to create a partnership between communities and state government by gradually implementing a statewide system of community empowerment areas. An important initial emphasis is to improve the well-being of families with young children. An additional emphasis is to reduce duplicative requirements that are barriers to community efforts to improve the efficiency and effectiveness of local education, health and human services programs. The Act establishes a School Ready Children Grant Program for collaborative planning for, and funding of, early childhood programs, including programs to enhance the health, safety and intellectual development of very young children.

SENATE FILE 2410 -- Human Services Appropriations and Related Provisions (Complete summary under APPROPRIATIONS.)

This Act makes appropriations to the Department of Human Services and includes numerous provisions involving health and health-related services, including the Medical Assistance (Medicaid) Program, mental health and developmental disabilities services, prevention of disabilities, and substance abuse services.

HOUSE FILE 299 -- Employee Drug Testing (Complete summary under LABOR & EMPLOYMENT.)

This Act makes changes to Iowa's law governing drug and alcohol testing of employees and prospective employees by striking current law and replacing it with a new Code section.

HOUSE FILE 2166 -- Food Establishments and Food Processing Plants (Complete summary under STATE GOVERNMENT.)

This Act repeals Code Chapters 137A, 137B and 137E and replaces the repealed chapters with a new Code Chapter 137F, which reflects the adoption of the federal level of the 1997 Model Food Code. The Act provides for a revised license fee structure.

HOUSE FILE 2175 -- Sanitary Districts -- Creation and Annexation (Complete summary under LOCAL GOVERNMENT.)

This Act establishes procedures for the annexation of territory to a sanitary district in a county which has more than 7,500 acres of natural lakes.

HOUSE FILE 2218 -- 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, 1998, and ending September 30, 1999, and for the state fiscal year beginning July 1, 1998, and ending June 30, 1999. The Act includes appropriations for maternal and child health, preventive health and health services, substance abuse, and other health-related programs.

HOUSE FILE 2262 -- Out-of-State Peace Officers (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act provides a procedure for agreements under Code Chapter 28E between the state or a political subdivision of the state and another state, or a political subdivision of the other state, under which out-of-state peace officers may engage in law enforcement activities in Iowa.

HOUSE FILE 2269 -- Physical Contact With Students (Complete summary under EDUCATION.)

This Act relates to the conditions constituting permissible physical contact involving students.

HOUSE FILE 2324 -- Statutory Elements of Assault (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act changes the statutory elements for assault committed without the intent to inflict serious injury, but which results in bodily injury or disabling mental illness; and for assault against a peace officer, health care provider or fire fighter.

HOUSE FILE 2348 -- Department of Human Services Institutions and Services -- Miscellaneous Provisions (Complete summary under HUMAN SERVICES.)

This Act relates to institutions and facilities administered by the Department of Human Services. The Act includes a directive to the Iowa Department of Public Health to work with various state agencies and county representatives in reviewing methamphetamine use in the state and the existing and potential options and costs for intervention and treatment.

HOUSE FILE 2369 -- HIV-Related Testing of Alleged Offenders -- Criminal Transmission of HIV (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act provides for the HIV-related testing of an alleged offender who is charged with sexual assault, based upon the application for and issuance of a search warrant to require the testing. This Act also establishes the crime of criminal transmission of the human immunodeficiency virus (HIV). Criminal transmission of HIV is a class "B" felony, the maximum sentence for which is confinement for no more than 25 years.

HOUSE FILE 2374 -- Sales and Use Tax Exemption for Organ Procurement Organizations (Complete summary under TAXATION.)

This Act exempts from the state sales and use taxes the gross receipts from the sale of tangible personal property or from services performed for statewide nonprofit organ procurement organizations.

HOUSE FILE 2395 -- Supplemental and Other Appropriations and Miscellaneous Provisions (Complete summary under APPROPRIATIONS.)

This Act relates to various public expenditure and regulatory matters by making supplemental appropriations for FY 1997-1998, appropriations for subsequent fiscal years, and various statutory changes. The Act includes an appropriation and statutory language for establishing a single contact repository for nursing homes and other care providers to obtain background check data concerning prospective employees.

HOUSE FILE 2412 -- Incompetency of Motor Vehicle Operators -- Optometrists' Reports (Complete summary under TRANSPORTATION.)

This Act extends to optometrists the same authority and immunity extended to physicians respecting reports to the state Department of Transportation concerning the identity of a person whom the optometrist has diagnosed as having a condition rendering the person incompetent to operate a motor vehicle.

HOUSE FILE 2429 -- Physical Exercise Clubs -- Definition (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act excludes from the definition of "physical exercise club" a facility owned and operated on a not-for-profit basis by a person or contractor of a person if operated solely for the purpose of serving employees and family members of the employees. The result of this exclusion is to make the various requirements that relate to physical exercise clubs, such as requirements relating to membership contracts with members, membership contract cancellation requirements, and registration of the club with the Attorney General's Consumer Protection Division, inapplicable to these facilities.

HOUSE FILE 2498 -- Appropriations -- Administration and Regulation (Complete summary under APPROPRIATIONS.)

This Act permits the Department of Inspections and Appeals to provide for health facility construction inspections, and requires the department to develop and implement a statewide education program for care review committee members and review the need for a state licensing program for home health agencies. In addition, the department shall cooperate with the Department of Human Services, the Iowa Foundation for Medical Care, and the Iowa State University Social and Behavioral Research Center for Rural Health to implement a Positive Incentives for Nursing Care in an Iowa Nursing Home Pilot Project. The department is directed to implement a single contact repository for criminal history, child abuse, adult abuse, and sex offender registries, and nurse aide and other health professional certification and licensing information. The state Racing and Gaming Commission is directed to require jockeys or drivers, trainers and handlers to submit to drug and alcohol testing pursuant to rules adopted by the state commission.

HOUSE FILE 2513 -- Taxation -- Miscellaneous Provisions (Complete summary under TAXATION.)

Division V of this Act exempts sales and services made to nonprofit hospitals from the state sales and use taxes if the hospital is licensed under Code Chapter 135B by the Department of Inspections and Appeals and the property and services are used in the operation of the hospital.

HOUSE FILE 2516 -- Marital and Family Therapy and Mental Health Counseling -- Licensure -- Board of Behavioral Science Examiners (Complete summary under STATE GOVERNMENT.)

This Act provides for the mandatory licensure of individuals engaged in the professional practice of marital and family therapy or mental health counseling. Requirements previously established in Code Chapter 154D regarding qualifications to utilize the professional designation of marital and family therapist or mental health counselor did not mandate licensing in order to practice. The Act adds marital and family therapy and mental health counseling to the list of professions for which a license is required in Code Section 147.2.

HOUSE FILE 2517 -- Healthy and Well Kids in Iowa Program (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act establishes the Healthy and Well Kids in Iowa (HAWK-I) Program, beginning January 1, 1999, to provide health insurance coverage for children under 19 years of age who are eligible under Title XXI of the federal Social Security Act, and expands the Medical Assistance (Medicaid) Program to include children whose family's adjusted gross income does not exceed 133 percent of the federal poverty level.

HOUSE FILE 2523 -- Medical Assistance Reimbursement for Certain Providers (Complete summary under HUMAN SERVICES.)

This Act requires that rural health clinics and federally qualified health clinics are to receive cost-based reimbursement for services provided under the Medical Assistance (Medicaid) Program.

HOUSE FILE 2550 -- Services Tax Exemption for Massage Therapy (Complete summary under TAXATION.)

This Act exempts from the state sales and services tax services provided by massage therapists licensed under Code Chapter 152C.

HOUSE FILE 2558 -- Mental Health, Developmental Disability, and Substance Abuse Service, Commitment, and Payment (Complete summary under HUMAN SERVICES.)

This Act affects various provisions involving mental health, developmental disability and substance abuse treatment.