2000 Summary of Legislation HEALTH AND SAFETY Published by the Iowa General Assembly -- Legislative Service Bureau

HEALTH AND SAFETY LEGISLATION

SENATE FILE 2144 - Regulation and Inspection of Health Care Facilities (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act relates to regulation and inspection of health care facilities under the purview of the Department of Inspections and Appeals. Under Code Chapter 135C, health care facilities include nursing facilities, intermediate care facilities, intermediate care facilities for persons with mental illness and such facilities for persons with mental retardation, and various forms of residential care facilities.

   The Act changes the time frame for general unannounced inspections from at least once during a 15-month period to at least once during a 30-month period.

   The Act provides that an inspection of a health care facility made pursuant to a complaint, which under prior law need not be limited to the matter or matters included in the complaint and which may become a general inspection if the inspection coincided with a scheduled general inspection, under the Act could also become a general inspection if a potential violation, in addition to any alleged violation included in the complaint, is evident to the inspector in the course of the inspection.

   The Act also provides that the protection, in addition to the dignity of residents, is to be given the highest priority by the inspector and others.

   The Act also provides for the establishment of a quality-based inspections system for health care facilities licensed only by the state. The system is to be implemented in the first inspection of a facility subsequent to the inspection of that facility during the period July 1, 2000, through September 1, 2001. The department is directed to submit a report to the General Assembly, the Governor and the Legislative Fiscal Bureau, on or before August 1, 2001. The report is to contain the criteria to be used in the quality-based inspections system and survey and complaint activities of state-licensed health care facilities completed in FY 1999-2000 and FY 2000-2001. The department is also to submit, to the same entities, an interim report on or before February 1, 2001, and a final report on or before August 1, 2001, regarding its progress in developing and implementing the quality-based inspections system. The Joint Appropriations Subcommittee on Administration and Regulation and the committees on human resources of both houses may also request that additional information be included in the reports and the department may include any recommendations in the reports.

SENATE FILE 2302 - Public Health Programs and Issues (full text of act)

   BY COMMITTEE ON HUMAN RESOURCES. This Act makes changes relating to programs under the purview of the Iowa Department of Public Health.

   The Act adds to, provides exemptions from, and corrects references to the various scheduled controlled substances.

   The Act requires the Commission on Substance Abuse to specifically review requests for initial licensure and renewal of licensure of a chemical substance abuse facility, in addition to the existing requirement for review of issuance, denial, suspension, or revocation of licensure.

   The Act eliminates the requirement to inspect licensed facilities, but broadens the authority of the department to inspect any substance abuse treatment program to ensure compliance with applicable laws and rules.

   The Act authorizes a woman to breast-feed her own child in a public place, where her presence is otherwise authorized, notwithstanding any other provision of law to the contrary.

   The Act corrects the reference to "targeted housing" to read "target housing" for the purposes of the program relating to lead-poisoned children, and provides that the provisions apply to children under six years of age.

   The Act eliminates the requirement that the Iowa Department of Public Health develop and establish area health education centers in cooperation with several other entities. The Act also eliminates the requirement of the Director of Public Health to establish a primary care collaborative work group.

   The Act provides that information reported to the department relating to the human immunodeficiency virus (HIV) is to include both race and ethnicity.

   The portion of the Act that relates to notifying a care provider who has had a significant exposure to an individual of the individual's HIV status deletes the requirements to be met in obtaining consent from an individual to be tested following the submission of a significant exposure report by a care provider. The changes would result in the individual being deemed to have provided consent to an HIV test following submission of a significant exposure report by the care provider. The Act also provides that the results of the test may be shared with the care provider.

   The Act eliminates the requirement that health care professional licensing boards maintain a handwritten registry book and identify on every license issued the entry into the registry book of such a license.

   The Act changes the period of licensure for resident physicians and osteopathic physicians and surgeons from one year to a period as determined by the Board of Medical Examiners.

   The Act eliminates the right of a physical therapist assistant to petition the Physical Therapy Examiners Board for a waiver of the education requirements.

   The Act provides that occupational therapists may provide occupational therapy without referral from a physician, podiatric physician, dentist, or chiropractor, except that a hospital may require review and authorization by a member of the hospital medical staff prior to performance of occupational therapy.

   The Act corrects the reference to the organization specified to accredit occupational therapy education programs.

   The Act eliminates the provision that allowed students who were enrolled in a course of study for registered nurses on June 30, 1995, and thereby impacted by the change in the law in 1995, to apply that education to a license as a practical nurse.

   The Act eliminates the use of practical examinations for licensure of audiologists.

   The Act requires an applicant for licensure as an independent social worker to possess a master's or doctoral degree, specifically in social work.

   The Act eliminates oral examinations and an internship proficiency requirement for licensure as a funeral director.

   The Act provides for the establishment of practicums in mortuary science through rule of the Board of Mortuary Science Examiners and directs the board, by rule, to regulate the registration, training and fees for such practicums.

   The Act increases the fee for filing an application to marry to $35, which includes payment for one certified copy of the original certificate of marriage. The county retains $4 of the fee. The Act eliminates the required issuance of an uncertified copy of the marriage certificate by the officiating minister or magistrate to the parties to the marriage, but provides for issuance of a certified copy of the original certificate of marriage by the county registrar, following receipt of the original certificate of marriage. The portions of the Act relating to provision of a certified copy of the certificate of marriage, including the increased fee for filing an application of a license to marry, take effect January 1, 2001.

   The Act expands the duties of the State Medical Examiner. The Act provides the State Medical Examiner with confidentiality protection similar to that which was provided to the State Medical Examiner under the Department of Public Safety for preliminary findings, reports of findings, and investigations related to autopsies.

   The Act authorizes the State Medical Examiner to retain fees associated with autopsies and stipulates that any funds collected by the State Medical Examiner, which remain unexpended at the end of the state fiscal year, are not to revert to the General Fund of the State.

   The Act authorizes the State Medical Examiner to conduct death investigations, inquiries and hearings, and provides the office with administrative subpoena power. All actions taken, however, are contingent upon the State Medical Examiner coordinating efforts with the county medical examiner and any prosecutorial or law enforcement agencies having jurisdiction.

   The Act directs the State Medical Examiner to adopt administrative rules governing the State Medical Examiner's Office and the relationship between the state office and the county medical examiners.

   The Act eliminates the requirement that the Department of Agriculture and Land Stewardship and the Board of Pharmacy Examiners collect and deliver samples of venereal disease prophylactics to the Iowa Department of Public Health.

   The Act directs the Iowa Department of Public Health, in cooperation with the Labor Commissioner, to conduct a study of state and federal laws and regulations relating to protection of persons who may be at risk of needlestick injuries in the course of employment, with a report to be submitted to the Governor and the General Assembly by December 15, 2000.

SENATE FILE 2314 - Communicable and Infectious Diseases (full text of act)

   BY COMMITTEE ON HUMAN RESOURCES. This Act combines four Code chapters, "Communicable and Reportable Diseases and Poisonings," "Emergency Care Providers -- Exposure to Disease," "Exposure-Prone Procedures," and "Venereal Disease Control" into new Code Chapter 139A, titled the "Communicable and Infectious Disease Reporting and Control Act."

   The Act makes minor language changes in combining the chapters. Definitions used in the four chapters are combined.

   With regard to the reporting of reportable diseases, the Act retains the same process, but also specifies information to be included in any report made.

   Code Chapter 140, which applied only to venereal disease control, is replaced with a subchapter of the new Code Chapter 139A and is expanded to cover sexually transmitted diseases and infections.

   With regard to required immunizations of children, the Act retains exceptions for health reasons and expands the religious exception to include not only members of a recognized religious denomination but also persons who are adherents to recognized religious denominations. A similar exception also applies to the instilling of a prophylactic solution in the eyes of newborns and to the broader category of a course of medical treatment prescribed by law or by a health care provider.

   The Act also directs the Director of Public Health to establish a task force to review and recommend appropriate immunization requirements for postsecondary education students. The task force is directed to submit a report of its findings and recommendations to the Governor and the General Assembly on or before December 1, 2000.

   The Act makes conforming changes throughout the Code resulting from the repeal of Code Chapters 139, 139B, 139C, and 140.

SENATE FILE 2366 - Purchase, Possession, and Sale of Cigarettes and Tobacco Products (full text of act)

   BY COMMITTEE ON HUMAN RESOURCES. This Act relates to cigarette and tobacco product provisions.

   The Act creates new Code Section 321.216C, which makes the use of a false or altered driver's license or nonoperator's identification card by a person under the age of 18 to obtain cigarettes or tobacco products a simple misdemeanor. This provision is similar to the use of the same documents in obtaining alcohol. The procedure for seizing such documents is established under new Code Section 453A.4.

   The Act provides that possession of cigarettes or tobacco products by an individual under the age of 18 as part of the individual's employment, if the individual is employed by a holder of a valid cigarette and tobacco products retail permit or by a person who lawfully offers for sale or sells cigarettes or tobacco products, does not constitute a violation of the prohibition against a minor possessing cigarettes or tobacco products.

   The Act also provides that a person does not violate Code Section 453A.2 (titled, "Persons Under Legal Age") if conduct that would otherwise constitute a violation is performed to assess compliance with the law and if either the compliance effort is conducted by or under the supervision of law enforcement officers or the compliance effort is conducted with the advance knowledge of law enforcement officers and reasonable measures are adopted to ensure that minors do not use these products obtained as a result of the compliance efforts.

   The Act provides that a person, other than a retailer, who sells, gives, or otherwise supplies tobacco products or cigarettes to a person under 18 years of age is guilty of a simple misdemeanor; an employee of a retailer who violates this provision is subject to a simple misdemeanor punishable as a scheduled violation. The scheduled fine for a first offense is $100, for a second offense is $200, and for a third or subsequent offense is $500. A person who violates the prohibition relating to the giving away of samples of cigarettes and tobacco products to minors is guilty of a simple misdemeanor.

   The Act provides that a person who violates the prohibition against a minor smoking, using, possessing, purchasing, or attempting to purchase tobacco, tobacco products or cigarettes is subject to a civil penalty and to performance of community work requirements. The Act increases the civil penalties for a first offense from $25 to $50, for a second offense from $50 to $100, and for a third or subsequent offense from $100 to $250. The Act eliminates the criminal fine for failure to pay the initial civil penalty. The Act requires that the current uniform judicial citation and complaint form include a place for citing a person for such a violation. The Act also requires judicial magistrates to hear and determine such violations, requires the magistrates to forward copies of the citations and of their dispositions to the clerk of the district court, and requires the clerk to maintain records of the citations and dispositions received and to forward a copy of these records to the Iowa Department of Public Health.

   The Act requires the Department of Revenue and Finance and cities and counties issuing permits for the retail sales of cigarettes to submit a copy of any application submitted to, and any permit issued by, the entity to the Iowa Department of Public Health.

   The Act provides that if a retailer or an employee of a retailer violates the laws relating to the supplying of tobacco products or cigarettes to minors through vending machines or relating to the prohibition against the giving away of samples, in addition to any other penalties that apply, the retailer is subject to a civil penalty of $300 for a first offense, suspension of the retailer's permit for 30 days for a second violation within a period of two years, suspension of the retailer's permit for 60 days for a third violation within a period of three years, and revocation of the retailer's permit for a fourth violation within a period of three years.

   The Act provides that if a retail permit is suspended or revoked, the suspension or revocation only applies to the place of business at which the violation occurred and not to any other place of business to which the permit applies but at which the violation did not occur. The Act also requires the Department of Revenue and Finance and cities and counties to report any suspensions or revocations of a retail permit to the Iowa Department of Public Health.

HOUSE FILE 2105 - Nurse Licensure Compact (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act provides for the adoption of the Nurse Licensure Compact. The compact facilitates the mutual recognition of a nursing license issued by a nurse's home state by all states that agree to be party states to the compact.

   The compact is divided into several articles. Article I provides statements of findings and declarations of purpose. The purposes of the compact are to facilitate the states' responsibility to protect the public's health and safety, to encourage cooperation of party states regarding nurse licensure and regulation, to facilitate the exchange of information between party states, to promote compliance with laws governing the practice of nursing among the party states, and to invest party states with the authority to hold nurses accountable for meeting all state practice laws in the state in which the nurse is rendering care.

   Article II of the compact provides a definition section.

   Article III contains general provisions relating to the multistate licensure privileges among party states, providing that a license issued in a registered or licensed practical nurse's home state will be recognized by each party state.

   Article IV deals with applications for licensure, providing that an application shall be acted upon based on information collected within a coordinated licensure information system. The coordinated licensure information system is defined in the Act as an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws.

   Article V of the compact relates to adverse actions, addressing the reporting of adverse actions impacting a nurse's licensure to the coordinated licensure information system and indicating that while party states may take action regarding the multistate licensing privileges of a nurse, only the home state may take action directly impacting the nurse's home state licensure.

   Article VI relates to the authority of party state nurse licensing boards with regard to adverse actions against licensed nurses.

   Article VII addresses the operation of the coordinated licensure information system.

   Articles VIII through XI primarily address administrative and procedural aspects of the compact's operation, and provide effective and withdrawal date provisions and provisions for amendment by an individual party state.

   The Act makes conforming changes in the Code chapters dealing with health profession regulation and licensure, the practice of nursing, and general professional regulation and licensure.

HOUSE FILE 2333 - Emergency Medical Care Providers -- Authority to Provide Services (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act provides for changes relating to the authorization of emergency medical care providers to provide emergency and nonemergency medical care services.

   The Act expands a Code provision that relates to services provided by medical care providers in a hospital setting, by authorizing emergency medical care providers, when under the direct supervision of a physician, to provide services in any other entity in which health care is ordinarily provided and, when providing emergency and nonemergency medical care services while under the direct supervision of a physician, to act in an individual capacity, as well as in their capacity as a member of an authorized ambulance, rescue or first response service, while employed or assigned to the hospital or other entity in which health care is ordinarily provided. The Act further provides that the list of individuals under whose supervision an emergency medical care provider may perform nonlifesaving procedures, which currently includes a physician, physician assistant or registered nurse, will now also include the phrase "including when the registered nurse is not acting in the capacity of a physician designee."

HOUSE FILE 2362 - Domestic Abuse Death Review Team (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act provides for establishment of the Iowa Domestic Abuse Death Review Team as an independent agency of state government, and specifies the membership of the team, the appointment of liaisons from certain state agencies, and the powers and duties of the team. The Act also establishes immunity for team members from certain acts or omissions made in the good faith performance of their official duties.

   The duties of the team include the preparation of an annual report to be submitted to the Governor, the Supreme Court, the Attorney General, and the General Assembly concerning domestic abuse deaths, including the factors contributing to domestic abuse deaths and recommendations regarding prevention of domestic abuse deaths. The team is also to provide advice and counsel to state agencies regarding program and regulatory changes that may prevent domestic abuse deaths.

   The Act enables the team to obtain confidential information from persons regarding a domestic abuse death to be used for the purposes of administration and the performance of official duties of the team, and establishes that the person releasing confidential information to the team does not incur liability. The information obtained by the team remains confidential, and improper disclosure of confidential information is punishable as a serious misdemeanor.

   The Act directs the Iowa Department of Public Health to adopt rules relating to the administration of the team.

HOUSE FILE 2365 - Review of Child Deaths (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act amends the duties of the Child Death Review Team to require review of all deaths of children under age 18, rather than only those age six or younger.

HOUSE FILE 2385 - Organ and Tissue Donor Registry (full text of act)

   BY COMMITTEE ON HUMAN RESOURCES. This Act provides for establishment of a statewide organ and tissue donor registry. The Director of Public Health is authorized to contract for establishment of the registry. The contract is to provide for a centralized database and automated system to make donor information available to family members and physicians 7 days a week, 24 hours per day. In addition, the Act permits moneys in the Anatomical Gift Public Awareness and Transplantation Fund to be used for purposes of the registry. If sufficient funding is available to the Iowa Department of Public Health, the department is to conduct a feasibility study and may implement the registry.

HOUSE FILE 2565 - Tobacco Use Prevention and Control (full text of act)

   BY RANTS. This Act creates new Code Chapter 142A, establishing a Tobacco Use Prevention and Control Initiative.

   The Act states that the purpose of the chapter is to establish a comprehensive partnership among the General Assembly, the Executive Branch, communities, and the people of Iowa in addressing the prevalence of tobacco use in the state. The intent of the General Assembly is that the initiative will specifically address reduction of tobacco use by youth and pregnant women, promotion of compliance by youth and retailers with tobacco sales laws and ordinances, and enhancement of the capacity of youth to make healthy choices, and will provide for extensive involvement of youth in initiative activities. It is also the intent of the General Assembly that the initiative will foster a social and legal climate in which tobacco use becomes undesirable and unacceptable, in which role models and those who influence youth promote social norms and demonstrate behavior that counteracts the glamorization of tobacco use, and in which tobacco becomes less accessible to youth. The intent of the General Assembly is to be accomplished by engaging all who are affected by the use of tobacco in the state, including smokers and nonsmokers, youth and adults.

   The Act provides definitions used in the chapter.

   The Act creates a Tobacco Use Prevention and Control Division within the Iowa Department of Public Health and creates a Tobacco Use Prevention and Control Commission comprised of 10 voting members, three of whom are youth, and five ex officio, nonvoting members who are legislators and a youth leader. The voting members who are not youth are to be appointed by the Governor, subject to confirmation by the Senate. The commission may also designate an advisory council to include representatives of health care provider groups, parent groups, antitobacco advocacy programs and organizations, tobacco retailers, research and evaluation experts, and youth organizers. The Act provides that if a member of the commission is convicted of a crime relating to tobacco, alcohol or controlled substances, the member is subject to removal.

   The Act specifies commission duties, the duties of the Director of Public Health, and the duties of the Administrator of the Division of Tobacco Use Prevention and Control under the chapter.

   The Act also establishes the Comprehensive Tobacco Use Prevention and Control Initiative. The purpose of the initiative is to attain the specified results of reduction of tobacco use by youth, strong and active involvement of youth in tobacco use prevention and cessation activities, enhanced capacity of youth to make healthy choices, reduction of tobacco use by pregnant women, and increased compliance by minors and retailers with tobacco sales laws and ordinances. The Act specifies the type of data and survey results which will demonstrate success of the initiative. The initiative is to be implemented with the involvement of youth, parents, schools, and community members. The division is to encourage collaboration at the state and local levels to maximize available resources and to provide flexibility to support community efforts. Notwithstanding existing state competitive bidding practices, the Act permits the procurement of goods and services necessary to implement the initiative under a process established by the commission.

   The Act specifies the components of the initiative, including youth programs; a media, marketing and communications program; independent evaluation of each component of the initiative; ongoing data assessment and initiative evaluation; an education program; and an enforcement program. The Act limits the administrative costs of each program to a reasonable level and requires that any request for information or request for proposals emphasize that performance measures are required for any contract or allocation of funding under the initiative.

   The Act provides for the designation of community partnerships which are public agencies or nonprofit organizations operating in a local area under contract with the department to implement the initiative in that local area utilizing broad community involvement. Community partnership areas may be a county or multicounty area, a school district or multischool district area, a community empowerment area, or an enterprise zone, in accordance with criteria adopted by the commission for appropriate population levels and geographic area size. The commission is to adopt rules to provide procedures for initial designation of the community partnerships. Contracts entered into between the department and community partnerships are to include administrative functions, fiscal provisions, community and youth involvement in program and administrative decisions, law enforcement involvement, and evaluation of the program.

   The Act provides for a youth program component. A youth program is to be implemented in each community partnership area. Each youth program is to include a structure for program participants to interact with other participating youth in the community partnership and throughout the state, a structure for formal youth involvement in youth program governance in the community partnership and in statewide youth summits, a structure for participation in a statewide executive body consisting of participants selected by the delegates to the statewide youth summit of the youth program, and youth activities that are character-based and focused on rewarding appropriate values, behavior and healthy choices by participants. The youth program is to be directed by youth for youth, and is to include utilization of and consultation with youth in the media, marketing and communications program; education efforts; evaluation; collaboration; enforcement; and other aspects of the initiative.

   The Act directs the commission to develop and implement a statewide system for the initiative programs delivered through the community partnerships. The system is to provide for equitable allocation of funding, based upon school-age population, and other criteria established by the commission. The specific programs, distribution provisions, and other provisions approved by the commission for expenditure of the maximum allocation established for a community partnership area are to be outlined in the written contract with the community partnership. Allocations received by a community partnership must be matched with local funding, in-kind services, office support, or other tangible support, or offset of costs.

   The Act provides for repeal of the new Code chapter June 30, 2010.

   The Act provides for the initial appointments to the commission in a manner that staggers the terms of the voting members. The Act provides that initial appointments to the commission of members who are not youth members, or who are not nonvoting members, are to be appointed by the Governor. The Act provides that the Legislative Council may provide a list of qualified and capable candidates to the Governor for these initial appointments. The initial appointments to the commission are to be made within 60 days of the effective date of the Act.

   The Act provides that the Tobacco Use Prevention and Control Commission, in cooperation with the Office of the Attorney General, the Iowa Department of Public Health, and the Alcoholic Beverages Division of the Department of Commerce, is to review current state and local tobacco enforcement regulations and activities, and submit recommendations to the Governor and the General Assembly on or before December 1, 2000, to provide for balanced and uniform enforcement statewide.

   The Act provides that the provisions relating to the commission providing advice to and consultation with the Director of Public Health in hiring an administrator do not apply to the initial hiring of an administrator if the commission is not operational at that time. However, if the ex officio members of the commission are appointed at such time, the director is to consult with these members at the time that a formal offer for the position is extended.

   The Act provides emergency rulemaking authority for the Iowa Department of Public Health. However, any rules adopted under this provision do not take effect until reviewed by the Administrative Rules Review Committee.

   Funding for the new division and for the initiative, including the initial statewide youth summit, is provided in H. F. 2555 (see Appropriations).

   The Act takes effect May 15, 2000.

RELATED LEGISLATION

SENATE FILE 174 -- Medical Assistance Advisory Council Membership (Complete summary under HUMAN SERVICES.)

   This Act changes Code references involving the membership of a council of health care provider organizations and other persons interested in the Medical Assistance (Medicaid) Program.

SENATE FILE 182 -- Acupuncture -- Licensure and Regulation (Complete summary under STATE GOVERNMENT.)

   This Act provides licensing requirements for the practice of acupuncture to be administered by the Board of Medical Examiners.

SENATE FILE 2007 -- Guardians -- Procurement of Professional Services for Ward (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act provides that a guardian is not required to seek prior court approval in the instance in which, if necessitated by the physical or mental disability of the ward, anesthesia is used in providing the ward routine physical and dental examinations, and the anesthesia is administered within the health care practitioner's scope of practice.

SENATE FILE 2048 -- City Hospital and Health Care Facility Boards of Trustees -- Appointment -- Terms (Complete summary under LOCAL GOVERNMENT.)

   This Act provides for the appointment and length of terms for members added to a hospital board of trustees when the city increases the total membership on the board by ordinance.

SENATE FILE 2079 -- Import of Cigarettes and Tobacco Products -- Limitations (Complete summary under CRIMINAL LAW, PROCEDURES & CORRECTIONS.)

   This Act establishes as unlawful the act of shipping or importing into the state, or offering for sale, selling, distributing, transporting, or possessing within this state, cigarettes or tobacco products if the cigarettes or tobacco products had previously been exported from or manufactured for use outside the United States.

SENATE FILE 2092 -- 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. Changes are made in the quorum requirements for commissions having control over memorial hospitals to adjust for changes made by 1999 Iowa Acts, Chapter 36, which permits the commissions to consist of seven members, not just five, as was the case previously. Also, the word "care" is stricken from the term "health care facility" in provisions relating to the procedure for obtaining consent to HIV testing in cases where a significant exposure has occurred on the premises of the facility. The term "health facility" is defined in Code Chapter 141A.1, and covers acute care facilities, longer-term care facilities, and other types of facilities and institutions.

SENATE FILE 2113 -- Massage Therapy -- Licensing (Complete summary under STATE GOVERNMENT.)

   This Act provides that an individual shall not engage in the health care service of the healing art of massage therapy without having obtained a license for that purpose. The Act also provides for the imposition of penalties and provides transition provisions.

SENATE FILE 2193 -- Senior Living Program (Complete summary under HUMAN SERVICES.)

   This Act creates a new Code Chapter 249H, the "Iowa Senior Living Program Act." The Act creates a Senior Living Trust Fund and provides for allocation of the moneys in the fund for nursing facility conversion, administrative purposes and service delivery related to the Senior Living Program and Trust Fund, and for implementation of a new reimbursement system. The Act also provides for reimbursement of nursing facility providers; expenses incurred due to rent expenses under the State Supplementary Assistance Program of consumers participating in a Medical Assistance (MA) Program (Medicaid) home and community-based services waiver; and administration of programs and delivery of long-term care services and program-related expenses. The Act provides for the awarding of grants for conversion of nursing facilities to provide assisted-living programs and for long-term care services development, and for additional grants to recipients for provision of child care for children with special needs, safe shelter for victims of dependent adult abuse, or respite care. The Act provides for an appropriation to the Department of Elder Affairs for activities related to home and community-based services for seniors to be provided through area agencies on aging. The Act provides for creation of a database directory of health care and support services for seniors and provides for the development of an informational packet relating to the MA Program and health care service options for seniors. The Act also provides for the establishment of a Caregiver Support Access and Education Program. The Act requires health care facilities to complete resident assessments for all prospective and current residents. The Act directs the Department of Human Services to make a recommendation to the General Assembly on or before October 1, 2000, regarding application of the Senior Living Program to residential care facilities, requires that the General Assembly maintain the fiscal effort in funding long-term care services that exist on June 30, 2000, and makes appropriations for FY 2000-2001. The Act takes effect March 1, 2000.

SENATE FILE 2203 -- Assignments of Benefits -- VETOED BY THE GOVERNOR (Complete summary under BUSINESS, BANKING & INSURANCE.)

   This bill provided that a person insured under a group or individual policy, contract, or health benefit plan was to be allowed the option by the carrier or organized delivery system to assign benefits, in writing, from the policy, contract or health benefit plan, to the health care provider, thereby allowing payment of benefits directly to the licensed health care provider.

SENATE FILE 2249 -- State Agency Purchasing Preference -- Bio-Based Fluids, Greases, and Lubricants (Complete summary under STATE GOVERNMENT.)

   This Act requires the Department for the Blind to comply with purchasing preferences of bio-based hydraulic fluids, greases, and other industrial lubricants.

SENATE FILE 2344 -- Child and Family Services (Complete summary under CHILDREN & YOUTH.)

   This Act relates to child and family services involving the Department of Human Services, and includes provisions relating to child and dependent adult abuse registry access for purposes of performing employment checks for various health care facility services providers.

SENATE FILE 2360 -- Human Services -- Administration and Employment (Complete summary under HUMAN SERVICES.)

   This Act relates to various state and local administrative provisions involving human services and requires the Department of Human Services to conduct criminal and child abuse and dependent adult abuse record checks on employees, prospective employees, volunteers, and prospective volunteers in the department's local offices who have direct contact with the department's clients.

SENATE FILE 2390 -- Department of Inspections and Appeals -- Duties -- Divisions (Complete summary under STATE GOVERNMENT.)

   This Act establishes the Health Facilities Division within the Department of Inspections and Appeals. The division currently exists within the department, but is not codified. The Act establishes the duties of the division in new Code Section 10A.702, some of which are currently codified as duties of the Investigations and Inspections Divisions of the department (eliminated as duties of these divisions in this Act), but which are carried out by the Health Facilities Division.

SENATE FILE 2429 -- Appropriations -- Health and Human Rights (Complete summary under APPROPRIATIONS.)

   This Act provides for a study regarding prevention of lead poisoning among Iowa's children. The study shall be conducted by the Director of the Iowa Department of Public Health, in consultation with an ad hoc committee of designated individuals, with recommendations submitted in a report to the Governor and the General Assembly by January 1, 2001.

SENATE FILE 2430 -- Appropriations -- Agriculture and Natural Resources (Complete summary under APPROPRIATIONS.)

   This Act relates to agriculture and natural resources by making appropriations to support related entities. The Act also makes a number of statutory changes. The Act provides for the inspection of aboveground petroleum storage tanks by the State Fire Marshal. The Act prohibits a person from selling or storing methyl tertiary butyl ether, other than in "trace amounts," and provides requirements for decals identifying oxygenate enhancers, including methanol, appearing on motor vehicle fuel pumps.

SENATE FILE 2435 -- Appropriations -- Human Services (Complete summary under APPROPRIATIONS.)

   This Act provides appropriations to the Department of Human Services (DHS) for FY 2000-2001 and includes health care provisions involving use of the Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) funding under the Medical Assistance (MA) Program (Medicaid) for screening through the school system; directs DHS to increase the MA eligibility income limit for pregnant women and infants under the mothers and infants category to 200 percent of the federal poverty level; and provides for maintenance of the State Children's Health Insurance Program. The Act also directs DHS to discontinue the telemedicine and physician supervised weight-loss pilot programs under the MA Program; directs DHS to provide a period of 24 months of guaranteed eligibility for MA family planning services; directs DHS to provide for reimbursement under MA for certain family and pediatric nurse practitioners; and provides for implementation of a disease-specific pharmaceutical case management study.

SENATE FILE 2452 -- Miscellaneous Appropriations and Other Provisions (Complete summary under APPROPRIATIONS.)

   Division II of this Act transfers moneys from the Tobacco Settlement Fund to the General Fund of the State and replaces the Tobacco Settlement Fund with a Tobacco Settlement Endowment Fund that will contain proceeds from any bonds issued which are payable from the tobacco settlement agreement, in addition to any moneys received pursuant to such agreement.

HOUSE FILE 686 -- Dental Assistants -- Registration and Scope of Authority (Complete summary under STATE GOVERNMENT.)

   This Act provides that individuals practicing as dental assistants are required to register with the Board of Dental Examiners. The Act provides a scope of practice for registered dental assistants performing delegated functions under the supervision of a licensed dentist, and authorizes the board to establish and regulate by rule dental assistant registration, renewal, and continuing education requirements, as well as standards relating to the revocation or suspension of registration.

HOUSE FILE 754 -- Insurance Coverage of Anesthesia and Hospital Charges for Dental Care (Complete summary under BUSINESS, BANKING & INSURANCE.)

   This Act requires that an individual or group policy or contract providing for third-party payment or prepayment of health or medical expenses must provide coverage for the administration of general anesthesia and hospital or ambulatory surgical center charges related to the provision of dental care services to certain children under five years of age and other individuals determined to have certain medical conditions.

HOUSE FILE 2039 -- Miscellaneous Appropriations, Reductions, Supplementals, Transfers, and Credits (Complete summary under APPROPRIATIONS.)

   This Act relates to state budgetary matters by providing for reductions and supplementation of appropriations for FY 1999-2000 and includes certain reductions in appropriations for certain programs administered by the Iowa Department of Public Health and a requirement for the University of Iowa Hospitals and Clinics contract to increase claiming of reimbursement under the Medical Assistance (Medicaid) Program. The Act includes a supplemental appropriation for enhanced response to complaints regarding intermediate care facilities.

HOUSE FILE 2153 -- Drug Policy Coordination (Complete summary under STATE GOVERNMENT.)

   This Act deals with the coordination of drug policy at the state level. The Act changes the name of the Drug Enforcement and Abuse Prevention Coordinator to the Drug Policy Coordinator. The Act repeals the provision establishing the Narcotic Enforcement Advisory Council, changes the name of the Drug Abuse Advisory Council, and expands the membership of the renamed council.

HOUSE FILE 2169 -- Emergency Management Coordinators -- Appointment (Complete summary under LOCAL GOVERNMENT.)

   This Act strikes a provision providing for the appointment of the emergency management coordinator by the county board of supervisors.

HOUSE FILE 2229 -- Abortion -- "Woman's Right to Know Act" -- VETOED BY THE GOVERNOR (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

   This bill would have established a new Code Chapter 146A, relating to informed consent prior to an abortion. The bill prohibited an abortion from being performed on a woman in this state without the voluntary and informed consent of the woman, and provided that, with the exception of a medical emergency, consent to an abortion was voluntary and informed only if the referring physician, the physician who performed the abortion, or an agent of either physician provided certain information to the woman at least 24 hours prior to the abortion, informed the woman of her right to review printed materials and provided such materials if the woman so desired, and obtained written certification from the woman that the information was provided. The bill provided for alternatives to providing informed consent in the case of a medical emergency. The bill also provided criminal penalties for violation of the bill's provisions, and provided for protection of the confidentiality of a woman in any criminal proceeding that might have resulted from a violation of the chapter.

HOUSE FILE 2315 -- Health and Medical Insurance for Retirees -- City Employees (Complete summary under LOCAL GOVERNMENT)

   This Act authorizes cities to provide retired city employees with health or medical insurance coverage, or supplemental coverage, and to pay for such coverage from amounts held in a trust and agency fund of the city or from an appropriation from the city general fund.

HOUSE FILE 2327 -- County Mental Health, Mental Retardation, and Developmental Disabilities Services Funding (Complete summary under LOCAL GOVERNMENT.)

   This Act relates to county levy and expenditure authority involving the county mental health, mental retardation, and developmental disability services fund.

HOUSE FILE 2377 -- Access to Child Abuse Information (Complete summary under CHILDREN & YOUTH.)

   This Act provides for access to child abuse information for purposes of review and public disclosure and requires the Director of Public Health to appoint an ad hoc committee to perform a special review of child abuse cases in which there is a child fatality.

HOUSE FILE 2522 -- Domestic Abuse Actions -- Plaintiff's Mailing Address (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act provides that a victim of domestic abuse may use certain addresses other than the victim's actual address when applying for certain services.

HOUSE FILE 2531 -- Emergency Medical Services Funding and Lost Property Disposition (Complete summary under LOCAL GOVERNMENT.)

   This Act provides that funding allocated by the Iowa Department of Public Health to a county for emergency medical service purposes may be used for emergency medical service equipment or training and education as determined by the county board of supervisors.

HOUSE FILE 2533 -- Federal Block Grant Appropriations (Complete summary under APPROPRIATIONS.)

   This Act appropriates federal block grant and other nonstate moneys to state agencies for the federal fiscal year beginning October 1, 2000, and ending September 30, 2001. The Act includes funding for maternal and child health, preventive health and health services, substance abuse, and other health-related programs.

HOUSE FILE 2555 -- Tobacco Settlement Fund Appropriations (Complete summary under APPROPRIATIONS.)

   This Act relates to and makes appropriations from the Tobacco Settlement Fund, including appropriations to the Iowa Department of Human Services (DHS) for providers of services under the Medical Assistance (MA) Program (Medicaid) and for other providers of services under the purview of DHS, for expansion of home health care services and habilitative day care for children with special needs under the MA Program, for expansion of respite care services provided through home and community-based waivers under the MA Program, for supplementation of the Children's Health Insurance Program, and for performance of an evaluation to study the effects of providing continuous eligibility for children under the MA Program; to the Iowa Department of Public Health for additional substance abuse treatment under the Substance Abuse Treatment Program, for development of a Healthy Iowans 2010 Plan, and for a Tobacco Use Prevention and Control Program; and for assistance to certain counties with limited county mental health, mental retardation, and developmental disabilities services fund balances to pay reimbursement increases. The Act codifies provisions for eligibility under the MA Program for an infant whose family income is not more than 200 percent of the federal poverty level, and for eligibility under the Healthy and Well Kids in Iowa Program for a child whose family income does not exceed 200 percent of the federal poverty level. The Act also codifies provisions for the methodology to be used, beginning November 1, 2000, for all applicable noninstitutional health providers, excluding anesthesia and dental services, under the MA Program.

HOUSE FILE 2579 -- Tobacco Settlement Authority Act (Complete summary under BUSINESS, BANKING & INSURANCE.)

   This Act establishes a new Code Chapter 12E, the "Tobacco Settlement Authority Act." The Act creates a Tobacco Settlement Authority which is authorized, subject to a program plan, to invest funds available, including all or a portion of the state's share of the master settlement agreement entered into by the state with tobacco companies, to establish a stable source of revenue to be used for the purposes of the Tobacco Settlement Endowment Fund. New Code Chapter 12E is repealed March 1, 2001. The Act takes effect May 19, 2000.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: WED June 28 2000
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