Health and Safety Legislation

SENATE FILE 374 - Therapeutically Certified Optometrists

SENATE FILE 2118 - Human Cloning Prohibition

SENATE FILE 2155 - Life-Sustaining Procedures - Out-of-Hospital Do-Not-Resuscitate Orders

SENATE FILE 2195 - Anatomical Gifts

SENATE FILE 2231 - Single Contact Repository - Hospital Access to Current and Prospective Employee Records

HOUSE FILE 2192 - Interstate Prescription Drug Purchasing Cooperative

HOUSE FILE 2264 - Informed Consent Prior to Abortion - VETOED BY THE GOVERNOR

HOUSE FILE 2453 - Procedures and Records Pertaining to Deaths - Medical Examiners

HOUSE FILE 2547 - Public Health Regulation - Miscellaneous Provisions

Related Legislation

SENATE FILE 2145 - Water Pollution Control and Drinking Water Facilities Financing

SENATE FILE 2205 - Regulation of Child Care and Child Care Providers

SENATE FILE 2275 - Substantive Code Corrections

SENATE FILE 2304 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions

SENATE FILE 2323 - Registered Nurse Recruitment

HOUSE FILE 2112 - Traffic Safety Regulation-Stationary Authorized Emergency, Towing, Recovery, and Highway Maintenance Vehicles

HOUSE FILE 2190 - Foreign and International Adoption Procedures

HOUSE FILE 2245 - Medical Assistance - Appropriations and Related Provisions

HOUSE FILE 2289 - Abatement of Nuisances by Cities - Assessment Schedule

HOUSE FILE 2340 - Family Investment Program Limited Benefit Plans - Well-Being Visits

HOUSE FILE 2416 - Mental Health and Developmental Disability Services

HOUSE FILE 2417 - Groundwater and Soil Contaminant Standards - Land Recycling and Remediation

HOUSE FILE 2430 - Administration of Mental Health and Developmental Disabilities Services

HOUSE FILE 2447 - Watercraft Regulation - Operation and Safety

HOUSE FILE 2448 - Fire Protection or Emergency Medical Services - Disbursement of Township Taxes for Municipal Services

HOUSE FILE 2495 - Sexual Abuse - Issuance of No-Contact Order Upon Defendant’s Arrest

HOUSE FILE 2506 - Sex Offenders - Issuance of No-Contact Order Upon Defendant’s Release From Confinement

HOUSE FILE 2507 - Possession and Distribution of Anthrax

HOUSE FILE 2518 - Child Foster Care and Adoption

HOUSE FILE 2539 - Trusts and Estates - Medical Assistance Benefits - Interest Disclaimers - Total Return Unitrusts

HOUSE FILE 2582 - Federal Block Grant Appropriations

HOUSE FILE 2613 - Senior Living and Hospital Trust Funds Appropriations

HOUSE FILE 2615 - Healthy Iowans Tobacco Trust and Tobacco Settlement Trust Fund - Appropriations

HOUSE FILE 2623 - Compensation for Public Employees and Additional Provisions

HOUSE FILE 2627 - Miscellaneous appropriations, reductions, transfers, and other provisions - 2002 - 2003 and prior fiscal years - SECOND EXTRAORDINARY SESSION

SENATE FILE 374 - Therapeutically Certified Optometrists Full Text of Bill
By Committee on State Government.

This Act expands the diagnostic and therapeutic pharmaceutical agents that therapeutically certified optometrists may employ in the practice of optometry. The Act provides that therapeutically certified optometrists can utilize diagnostic and therapeutic pharmaceutical agents for diagnosis and treatment, but places restrictions on injections, specifies time limits for oral steroid prescriptions, and prohibits the prescription of oral Imuran or oral Methotrexate. The Act also authorizes therapeutically certified optometrists, where reasonable and appropriate and pursuant to administrative rule, to use new diagnostic and therapeutic pharmaceutical agents approved by the U.S. Food and Drug Administration on or after July 1, 2002. The Act exempts from the rulemaking requirement topical pharmaceutical agents, oral antimicrobial agents, oral antihistamines, oral antiglaucoma agents, and oral analgesic agents.

Provisions of the Act providing emergency rulemaking authority take effect March 28, 2002.

SENATE FILE 2118 - Human Cloning Prohibition Full Text of Bill
By Committee on Human Resources.

This Act creates new Code Chapter 707B, the "Human Cloning Prohibition Act." The stated purpose of the Act is to prohibit human cloning for any purpose, whether for reproductive cloning or therapeutic cloning. The Act includes definitions for "fetus," "human cloning," "human embryo," "human somatic cell," and "oocyte."

The Act prohibits a person from intentionally or knowingly doing any of the following: performing or attempting to perform human cloning; participating in performing or in an attempt to perform human cloning; transferring or receiving a cloned human embryo for any purpose; and transferring or receiving, in whole or in part, any oocyte, human embryo, fetus, or human somatic cell for the purpose of human cloning.

The Act does not restrict areas of scientific research not specifically prohibited, including in vitro fertilization; the administration of fertility-enhancing drugs; or research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid (DNA), tissues, organs, plants, animals other than humans, or cells other than human embryos.

The Act provides that a person who intentionally or knowingly performs or attempts to perform human cloning or who participates in performing or in an attempt to perform human cloning is guilty of a class "C" felony, and a person who intentionally or knowingly transfers or receives a cloned human embryo for any purpose or who transfers or receives, in whole or in part, any oocyte, human embryo, fetus, or human somatic cell for the purpose of human cloning is guilty of an aggravated misdemeanor.

The Act also provides that if a person violates the Act and the violation results in a pecuniary gain, the person is subject to a civil penalty in an amount that is twice the amount of the gross gain. A person who violates the Act who is licensed to practice medicine and surgery, osteopathy, or osteopathic medicine and surgery is subject to revocation of the person’s license. A violation of the Act is grounds for denial of an application for, denial of renewal of, or revocation of any license, permit, certification, or any other form of permission required to practice or engage in any trade, occupation or profession regulated by the state.

SENATE FILE 2155 - Life-Sustaining Procedures - Out-of-Hospital Do-Not-Resuscitate Orders Full Text of Bill
By Committee on Human Resources.

This Act provides for the development and use of out-of-hospital do-not-resuscitate orders. The Act provides definitions, including definitions of "emergency medical care provider," "out-of-hospital do-not-resuscitate order," and "resuscitation." The Act also provides the process for issuing an out-of-hospital do-not-resuscitate order, directs the Iowa Department of Public Health to develop a uniform form and personal identifier for the orders, specifies the contents of the form, and establishes the scope and limitations of the order.

The Act specifies provisions for the revocation of an order, provides immunity for persons acting in compliance in entering, executing, or otherwise participating in an order, and provides for the application of penalties and general provisions relating to the orders. With regard to penalties, the Act provides that any person who willfully conceals, withholds, cancels, destroys, alters, defaces, or obliterates an out-of-hospital do-not-resuscitate order, or out-of-hospital do-not-resuscitate identifier of a patient without the patient’s consent, or who falsifies or forges a revocation of an out-of-hospital do-not-resuscitate order of another, is guilty of a serious misdemeanor. Additionally, any person who falsifies or forges an out-of-hospital do-not-resuscitate order of another, or willfully conceals or withholds personal knowledge of or delivery of a revocation with the intent to cause a withholding or withdrawal of life-sustaining procedures, is guilty of a serious misdemeanor.

The Act also provides that existing orders or similar orders existing prior to July 1, 2002, are valid and are to be honored in accordance with the laws that were applicable at the time of execution of the order.

SENATE FILE 2195 - Anatomical Gifts Full Text of Bill
By Committee on Human Resources.

This Act relates to the Uniform Anatomical Gift Act. The Act defines "document of gift" to include a written statement attached to or imprinted or noted on a driver’s license or nonoperator’s identification card and an entry in a donor registry, in addition to the existing forms, which include a card signed by the individual donor, a donor’s will, or any other written document used by a donor to make an anatomical gift. The Act provides that valid documents of gift include a driver’s license, a nonoperator’s identification card, and an entry in a donor registry if the document or entry is certified as being executed in the prescribed manner. The Act also defines "donor registry" to mean the Statewide Organ and Tissue Donor Registry established pursuant to Code Section 142C.18 or a similar registry.

The Act provides that in the provisions relating to a donation of an anatomical gift by an individual other than the donor, such gift is not to be made by a person authorized to make the gift if a person in a prior class is available to make the gift, whether in person or by telephone contact at the time of the death of the decedent.

The Act provides that a document of gift that is not revoked by the donor prior to the donor’s death does not require the consent or concurrence of any other person after the donor’s death and is sufficient legal authority, following the donor’s death, for the removal of any part donated under the document of gift, without the consent or concurrence of any other person. The Act also provides that a person, including but not limited to a family member, a guardian, an attorney in fact named under a durable power of attorney for health care, or an executor of the donor’s estate, is not authorized to and shall not revoke or in any way supersede a document of gift that is not revoked by the donor prior to the donor’s death.

The Act provides that if an anatomical gift is made to a designated donee, the document of gift, or a copy, may be deposited in any hospital, organ procurement organization, bank or storage organization, or donor registry office that accepts the document of gift for safekeeping or for the facilitation of procedures after the death of the donor and includes a donor registry as one of these entities that may forward the document to an organ procurement organization, which will retain the document for facilitating procedures following the death of the donor.

With regard to confidential information, the Act permits a hospital, licensed or certified health care professional, pursuant to Code Chapter 148, 148C, 150A, or 152, or medical examiner to release patient information to a donor registry, and additionally authorizes a medical examiner or a medical examiner’s designee, peace officer, fire fighter, or emergency medical care provider to release an individual’s identifying information to an organ procurement organization, donor registry, or bank or storage organization for the purposes of determining if the individual is a donor. The Act provides immunity from civil or criminal liability to additional individuals if they comply in good faith with the anatomical gift law of this or another state.

SENATE FILE 2231 - Single Contact Repository - Hospital Access to Current and Prospective Employee Records Full Text of Bill
By Committee on Human Resources.

This Act allows hospitals licensed under Code Chapter 135B to have access to abuse registries for purposes of checking persons employed or being considered for employment. The authorization is provided in Code Section 235A.15, relating to access to the child abuse registry, and Code Section 235B.6, relating to the dependent adult abuse registry.

The Act also allows licensed hospitals to access the single contact repository established by the Department of Inspections and Appeals. The access is for the hospital to perform record checks of persons employed by or being considered for employment by the hospital. The repository was established by the department in conjunction with other state agencies involved with criminal history and child and dependent adult abuse registry information for nursing facilities and other providers to have electronic access to data to perform employment background checks.

HOUSE FILE 2192 - Highways and Motor Vehicles - Miscellaneous Provisions Full Text of Bill
By Committee on Human Resources.

This Act directs the Iowa Department of Public Health to convene a task force to determine the feasibility of establishing an interstate prescription drug purchasing cooperative with other midwestern states.

The voting members of the task force include four members of the General Assembly and the following state agency directors or their designees: the Director of Public Health, the Director of Human Services, the Director of the Department of Elder Affairs, the Director of the Department of Management, and the Director of the Department of Personnel. The Act specifies other individuals who are to act as advisors to the task force, including: the Chairperson of the Board of Pharmacy Examiners, or the chairperson’s designee; the Chairperson of the Board of Medical Examiners, or the chairperson’s designee; one person selected by the Pharmaceutical Research and Manufacturers of America; one person selected by the Iowa Pharmacy Association; and one person selected by the Iowa Medical Society.

The task force is to pursue the development of an interstate prescription drug purchasing cooperative through utilizing regional and national entities, contacting the governors and legislative leaders of other states with existing interstate cooperatives, and contacting industry trade associations whose members are involved in the delivery and reimbursement of state-funded pharmaceutical care.

The task force is to submit bimonthly progress reports of its findings and recommendations regarding the establishment of an interstate prescription drug purchasing cooperative to the Oversight Committee of the Legislative Council and is to submit a final report of its findings and recommendations to the Governor and the General Assembly no later than December 15, 2002.

HOUSE FILE 2264 - Informed Consent Prior to Abortion - VETOED BY THE GOVERNOR Full Text of Bill
By Boddicker, Hoversten, Tyrrell, Johnson, Garman, Roberts, Rekow, Klemme, Tymeson, Eichhorn, Mertz, Manternach, Quirk, Elgin, Boal, Wilderdyke, Horbach, Brunkhorst, Sukup, Larson, Millage, De Boef, Gipp, Cormack, Huseman, Alons, Boggess, Dix, Rants, Broers, Drake, Jones, Finch, Bradley, Hahn, Dolecheck, Van Engelenhoven, Weidman, Baudler, Sievers, Carroll, Rayhons, Kettering, Hoffman, Eddie, Heaton, Tremmel, Seng, and Chiodo.

This bill would have established a new Code Chapter 146A, relating to informed consent prior to an abortion. The Code chapter would have been known and cited as the "Woman’s Right to Know Act."

The bill specified the required informed consent provisions, including provision of certain information to a woman by the physician or an agent of the physician, required certification by the woman of provision to the woman of the required information, and receipt of the certification by the physician prior to the performance of an abortion. The bill would have required the Iowa Department of Public Health to publish information by October 1, 2002, relating to options for managing a pregnancy. The bill authorized the department to establish and maintain an Internet site to provide the information.

The bill also provided for alternatives to providing informed consent in the case of a medical emergency.

The bill would have established a criminal penalty of a simple misdemeanor for a person who knowingly or recklessly performs or attempts to perform an abortion in violation of the chapter. The bill would have prohibited the assessment of a criminal penalty against a woman upon whom an abortion is performed or attempted to be performed, and would have prohibited the assessment of a criminal penalty against a woman for failure to comply with certification requirements if the department had not made the printed materials available as required. The bill also would have provided for protection of confidentiality of a woman relative to court proceedings relating to an action under the chapter.

The bill would have taken effect October 1, 2002.

HOUSE FILE 2453 - Procedures and Records Pertaining to Deaths - Medical Examiners Full Text of Bill
By Committee on Human Resources.

This Act includes provisions relating to the offices of the state and county medical examiners.

The Act provides that medical examiner records and reports are confidential, but may be released to a law enforcement agency that is investigating a death, upon request of the law enforcement agency, and autopsy reports shall be released to the decedent’s immediate next of kin unless disclosure would jeopardize an investigation or pose a clear and present danger to the public safety or safety of an individual. Information relating to the cause and manner of death is not confidential information, unless disclosure would jeopardize an investigation or pose a clear and present danger to the public safety or the safety of an individual. Prior law provided that preliminary findings and reports of the findings and investigative reports of the state medical examiner resulting from an autopsy were confidential. Prior law also provided that specifics such as the date, time, specific location, and immediate facts and circumstances of a crime or incident related to a death that affects the public interest were not confidential unless disclosure would jeopardize an investigation or pose a clear and present danger to the public safety or the safety of an individual.

The Act provides that medical certification of death is to be completed within 72 hours after receipt of the death certificate from the funeral director or individual who initially assumes custody of the body by the physician in charge of the patient’s care, except when inquiry is required by the county medical examiner. If inquiry is required by the county medical examiner, the medical certification is to be completed and signed by the county medical examiner within 72 hours after determination of the cause of death. Prior law required medical certification of death within 24 hours after death or if the county medical examiner required an inquiry, within 24 hours of the medical examiner taking charge of the case.

The Act provides that a death affecting the public interest includes the death of a person who was prediagnosed as a terminal or bedfast case who did not have a physician in attendance within the preceding 30 days; and death of a person who was admitted to and had received services from a hospital program, if a physician or registered nurse employed by the program was not in attendance within 30 days preceding death. Prior law provided that a death in the public interest included death of a person if a physician was not in attendance within 36 hours preceding death, death of a person who was a prediagnosed terminal or bedfast case if a physician was not in attendance within 30 days of the death, and death of a person who was admitted to and received services from a hospice program if a physician or registered nurse was not in attendance within 30 days preceding death.

The Act provides that in the disposition of a body following an investigation by the county medical examiner, the body is to be prepared for transportation and transported by a funeral director, if one is chosen by a relative or friend of the deceased person, for burial or disposition. If a person other than a funeral director assumes custody of the body, the person must secure a burial-transit permit.

The Act eliminates the exemption from the obtaining of a cremation permit for any deceased person who was a member of an established religion whose tenets are opposed to the inspection or examination of a body of a deceased person, and increases the fee for a cremation permit from $35 to $75. A person who violates the provision requiring a cremation permit is guilty of a serious misdemeanor.

HOUSE FILE 2547 - Public Health Regulation - Miscellaneous Provisions Full Text of Bill
By Committee on Human Resources.

This Act makes a number of changes relating to certain programs and public health issues under the purview of the Iowa Department of Public Health.

The Act classifies designated substances as controlled or precursor substances, changes the licensure period for substance abuse treatment programs from two to three years, provides for participation by dental hygienists and dental assistants in the Voluntary Health Care Provider Program, changes the blood lead screening interval from five to six years, and changes the penalty associated with a violation of radiological health provisions.

The Act also provides a process to establish presumptive death certificates and makes changes in the professional licensure renewal notification requirements and application process requirements to facilitate electronic renewal and alternative notification processes. The Act additionally clarifies physician presence requirements relating to utilization of automated prescription drug dispensing devices by a pharmacist or practitioner, provides for a modification to national accreditation standards for physical therapists, and provides for the elimination of the ability of the Board of Physical and Occupational Therapy Examiners to waive educational requirements relating to occupational therapists with five years of practice.

The Act provides updated definitions and educational requirements for audiologists and speech pathologists and permits these practitioners to provide services without a referral from a physician, and provides the Board of Dental Examiners with greater discretion in the granting of temporary practice privileges. The Act provides for the addition of dental assisting and the registration of dental assistants to applicable licensure and disciplinary sections, modifies the period of time for dental faculty permits from one year to a period of time determined by the Board of Dental Examiners, and changes the period of time for dental assistant registration for individuals employed as a dental assistant after July 1, 2001, from 60 days to six months.

The Act provides the professional licensure boards with the authority to determine when further investigation may be considered unwarranted, provides for professional licensing board recovery of actual costs associated with compliance with a settlement agreement or disciplinary order, and provides for the repeal of provisions relating to board actions issuing notice of intent not to renew a dental license and license reinstatement.

SENATE FILE 2145 - Water Pollution Control and Drinking Water Facilities Financing
SEE ENVIRONMENTAL PROTECTION.
   This Act relates to terminology and eligibility under the Sewage Treatment and Drinking Water Facilities Financing Program.

SENATE FILE 2205 - Regulation of Child Care and Child Care Providers
SEE CHILDREN & YOUTH.
   This Act relates to regulation of child care and child development homes and child care centers. The three major types of registered child care homes are combined into a new "child development home" classification with three categories. Licensing and registration periods are lengthened. The Department of Human Services is directed to consult with the Iowa Department of Public Health in developing standards for child development homes.

SENATE FILE 2275 - Substantive Code Corrections
SEE 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 made include corrections in language relating to the adjutants general and the appointment of aides in the military staff of the Governor; a clarification in language describing powers and duties of the Governor, the Adjutant General, and the deputy adjutants general with respect to the National Guard and the Iowa State Guard; qualification of a reference to a $10 fee in a provision relating to reports to the State Fire Marshal on aboveground petroleum storage tanks; clarification of the applicability of the definitions section for the Cleanup of Clandestine Laboratory Sites chapter; clarifying language relating to the investigation of occupational diseases and obtaining special variances from occupational safety and health standards; clarification of the definition of the term "department" in a provision relating to the collection of samples of blood in slaughter facilities; and a number of corrections and clarifications pertaining to remediation of agrichemical contamination. In provisions relating to infectious and contagious diseases among animals, clarifications are made in language regarding the compensation of owners for property inadvertently destroyed as a result of regulation of activities in a quarantined area, in language relating to separating cattle infected with paratuberculosis, and in language relating to pseudorabies in swine herds. A requirement for examination of milk tester’s license applicants is repealed. A reference to the entity responsible for vital records in Child Death Review Team membership language, and a provision relating to the confidentiality of records and information produced for the team are corrected. Obsolete language is deleted from the following: provisions relating to the initial collection of hospital and health care facility financial and utilization data, institutional health service certificate of need requirements, and a reference to a proceeding before a magistrate in language relating to compensation of officers who forcibly remove and isolate or quarantine persons infected with communicable and infectious diseases. Clarifications are made in language relating to the confidentiality of reports that include the identity of persons infected with communicable and infectious diseases; language relating to submission of information pertaining to continuing education program attendance by optometrists; and language related to hearing aid dispensers. In other provisions, language regarding the filing of physician’s information regarding psychiatric hospital patients is clarified; various corrections are made in language reporting on persons hospitalized for treatment of mental illness; technical changes are made in the newborn infant custody release procedures; and a clarification is made in language describing combined requirements for reporters of child and dependent adult abuse. Changes are made in provisions relating to domestic abuse. Language is stricken from a provision that prohibits unauthorized minors from being permitted to drive; the description of peace officer warning signals in the offense of eluding a law enforcement vehicle is updated; language describing when a person declared to be a habitual offender of the motor vehicle laws may be issued a temporary restricted permit is clarified; and licensed substance abuse treatment providers are added to language describing authorized providers of drinking driver courses. In provisions relating to property tax relief for mental health and developmental disabilities services, references to certain obsolete property tax limitations are deleted from provisions relating to tax levies for the county mental health, mental retardation, and developmental disabilities services fund. A change is made in language relating to prohibitions against depositing a regulated substance in an underground storage tank under certain circumstances and provisions involving completed one-time activities related to hazardous waste are stricken. In several provisions in the Individual Health Insurance Market Reform chapter, references to the former Individual Health Benefit Reinsurance Board are updated to the new board; language relating to attachment of the Commissioner of Insurance’s approval to articles of incorporation and any amendments is clarified and obsolete references to certain subsections are stricken from a provision relating to accident and sickness health insurance policy requirements; and a variety of changes are made in provisions relating to external review of health care coverage decisions. In the Probate Code chapter, corrections are made in language in two notices regarding the time limits for the filing of medical assistance claims against an estate. Reference to the prohibitions against child pornography are changed within the definition of the term "criminal offense against a minor" in the Sex Offender Registry chapter and language relating to the consequences for violations of certain Sex Offender Registry requirements by persons on probation, parole, or other form of release is also corrected. Clarifications are made in language regarding persons who may be charged with neglect or abandonment of a dependent person or with child endangerment and in language regarding the procedures applicable to violations of parole or work release.

SENATE FILE 2304 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions
SEE APPROPRIATIONS.
   This Act makes, reduces and transfers appropriations for FY 2001-2002 and includes transfers to the General Fund of the State from appropriations made from the Endowment for Iowa’s Health Account of the Tobacco Settlement Trust Fund and the Healthy Iowans Tobacco Trust. The Act takes effect March 1, 2002.

SENATE FILE 2323 - Registered Nurse Recruitment
SEE EDUCATION.
   This Act creates a Registered Nurse Recruitment Program administered by the College Student Aid Commission and comprised of a forgivable loan program, a tuition scholarship program, and a registered nurse loan repayment program. The Act also creates a Registered Nurse Recruitment Revolving Fund administered by the commission for the deposit of payments made by program recipients and the proceeds from the sale of loans. The program is not funded.

HOUSE FILE 2112 - Traffic Safety Regulation-Stationary Authorized Emergency, Towing, Recovery, and Highway Maintenance Vehicles
SEE TRANSPORTATION.
   This Act requires the operator of a motor vehicle approaching a stationary emergency, towing or recovery vehicle displaying the appropriate flashing lights, absent another direction from a peace officer, to change lanes to a lane that is adjacent to the stationary vehicle or, if a lane change is prohibited by law, not possible, or would be unsafe, to reduce the speed of the motor vehicle to a reasonable speed that is less than the posted speed limit, and be prepared to stop. Violation of the new requirement is a simple misdemeanor.

HOUSE FILE 2190 - Foreign and International Adoption Procedures
SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.
   This Act relates to recognition of foreign and international adoptions.

HOUSE FILE 2245 - Medical Assistance - Appropriations and Related Provisions
SEE APPROPRIATIONS.
   This Act relates to the Medical Assistance (Medicaid) Program and makes appropriations and transfers from the Senior Living Trust Fund, the Tobacco Settlement Trust Fund, and the Hospital Trust Fund for FY 2001-2002 to the medical assistance appropriations made for that fiscal year. The Act takes effect February 8, 2002.

HOUSE FILE 2289 - Abatement of Nuisances by Cities - Assessment Schedule
SEE LOCAL GOVERNMENT.
   This Act allows a city clerk or the engineer retained by a city council to prepare, sign and file the assessment schedule and other related documents for abatement of a nuisance by a city. Currently, such duties are assigned to the engineer only.

HOUSE FILE 2340 - Family Investment Program Limited Benefit Plans - Well-Being Visits
SEE HUMAN SERVICES.
   This Act allows a well-being visit to be conducted on an optional basis under a Family Investment Program Limited Benefit Plan. Effective April 1, 2002, the Department of Human Services is directed to terminate the contract with the Iowa Department of Public Health to conduct the well-being visits.

HOUSE FILE 2416 - Mental Health and Developmental Disability Services
SEE HUMAN SERVICES.
   This Act relates to mental health and developmental disability services requirements involving Medical Assistance (Medicaid) Program waiver services, intermediate care facilities for persons with mental retardation, and community mental health centers.

HOUSE FILE 2417 - Groundwater and Soil Contaminant Standards - Land Recycling and Remediation
SEE ENVIRONMENTAL PROTECTION.
   This Act amends the Iowa Land Recycling and Environmental Remediation Standards Act in Code Chapter 455H by amending the considerations for establishing the statewide standards, amending the considerations for establishing site-specific cleanup standards, and adding a public participation component for all sites in the program.

HOUSE FILE 2430 - Administration of Mental Health and Developmental Disabilities Services
SEE HUMAN SERVICES.
   This Act provides for the Mental Health and Developmental Disabilities (MH/DD) Commission to assume the duties of the State-County Management Committee, incorporates membership positions from the committee into the commission, and transfers certain rules adoption authority from the Council on Human Services to the commission.

HOUSE FILE 2447 - Watercraft Regulation - Operation and Safety
SEE NATURAL RESOURCES & OUTDOOR RECREATION.
   This Act provides for the operation and regulation of personal watercraft and other motorboats and requires a watercraft safety course for certain operators. Violations relating to watercraft safety certification, safe watercraft operation, hours of operation, and harassment of animals are punishable by a scheduled fine of $25.

HOUSE FILE 2448 - Fire Protection or Emergency Medical Services - Disbursement of Township Taxes for Municipal Services
SEE LOCAL GOVERNMENT.
   This Act allows a township to indicate on its budget that it requests a portion of its taxes be paid directly to a municipality providing fire protection service or emergency medical service to the township.

HOUSE FILE 2495 - Sexual Abuse - Issuance of No-Contact Order Upon Defendant’s Arrest
SEE CRIMINAL LAW, PROCEDURE & CORRECTIONS.
   This Act allows for the issuance of a no-contact order to protect victims of first, second and third degree sexual abuse, their immediate family members, and other persons who may reside with victims of sexual abuse upon the arrest of a defendant accused of first, second or third degree sexual abuse.

HOUSE FILE 2506 - Sex Offenders - Issuance of No-Contact Order Upon Defendant’s Release From Confinement
SEE CRIMINAL LAW, PROCEDURE & CORRECTIONS.
   This Act relates to the issuance of a no-contact order against a defendant convicted of a sexual offense upon the defendant’s release from jail or prison.

HOUSE FILE 2507 - Possession and Distribution of Anthrax
SEE CRIMINAL LAW, PROCEDURE & CORRECTIONS.
   This Act creates a criminal offense for knowingly possessing or distributing anthrax unless the possession or distribution of anthrax is authorized pursuant to federal law.

HOUSE FILE 2518 - Child Foster Care and Adoption
SEE CHILDREN & YOUTH.
   This Act relates to child foster care and adoption requirements involving provision of health information, licensure periods, foster parent training, and annual reports.

HOUSE FILE 2539 - Trusts and Estates - Medical Assistance Benefits - Interest Disclaimers - Total Return Unitrusts
SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.
   This Act relates to a number of Code provisions involving trusts and estates, including provisions related to medical assistance benefits. The Act provides that if a medical assistance debt is waived for a surviving spouse of a deceased Medicaid recipient, or for those dependents of the deceased Medicaid recipient who are under the age of 21, blind, or disabled, or a person who is the recipient of a hardship waiver, the debt shall be due from the estate of the recipient’s surviving spouse, dependent child who is blind or who has a disability, or a person who is the recipient of a hardship waiver, upon the death of the spouse, child, or said person, or due from the surviving child who was under the age of 21 at the time of the recipient’s death upon the child attaining the age of 21. The Act also limits estate recovery of medical assistance debts to life estates that were created by the Medicaid recipient or spouse. The Act takes effect April 5, 2002.

HOUSE FILE 2582 - Federal Block Grant Appropriations
SEE APPROPRIATIONS.
   This Act appropriates federal block grant and other nonstate moneys to state agencies for the federal fiscal year beginning October 1, 2002, and ending September 30, 2003. The Act includes funding for maternal and child health, preventive health and health services, substance abuse, and other health-related programs.

HOUSE FILE 2613 - Senior Living and Hospital Trust Funds Appropriations
SEE APPROPRIATIONS.
   This Act makes appropriations from the Senior Living Trust Fund to the Department of Elder Affairs and the Department of Human Services (DHS) and the Hospital Trust Fund to DHS for Senior Living Programs and health care costs.

HOUSE FILE 2615 - Healthy Iowans Tobacco Trust and Tobacco Settlement Trust Fund - Appropriations
SEE APPROPRIATIONS.
   This Act relates to and makes appropriations from the Healthy Iowans Tobacco Trust addressing the Medicaid Program, federal Health Insurance and Portability Act implementation, the Tobacco Use Prevention and Control Program, the hawk-i Program, substance abuse treatment, and Healthy Iowans 2010 planning, and revises previous designations of funding among the trust’s accounts.

HOUSE FILE 2623 - Compensation for Public Employees and Additional Provisions
SEE APPROPRIATIONS.
   This Act relates to compensation and benefits for public officials and employees, county mental health allowed growth, regulatory and other related matters of the state, and makes and reduces appropriations. The Act also provides that the members of the hawk-i Board, who are appointed by the Governor, are to serve two-year staggered terms as designated by the Governor; allows the Iowa Veterans Home to retain certain moneys which exceed the amount budgeted in FY 2001-2002 and remain unencumbered or unobligated at the close of that fiscal year; provides that in addition to other adult dental services covered under the Medicaid Program, root canal treatments and general anesthesia and intravenous sedation may also be provided; makes an appropriation and establishes the allowed growth factor for MH/MR/DD for FY 2003-2004 and distributes the appropriation in a similar manner to FY 2002-2003; and increases the appropriation to the hawk-i Program.

HOUSE FILE 2627 - Miscellaneous appropriations, reductions, transfers, and other provisions - 2002 - 2003 and prior fiscal years - SECOND EXTRAORDINARY SESSION
SEE APPROPRIATIONS.
   This Act provides FY 2002-2003 appropriations from the General Fund of the State to the executive and judicial branches of state government, reduces or limits standing appropriations, and transfers appropriations. The Act is organized into divisions corresponding to the General Assembly’s joint appropriations subcommittees and includes appropriations for the departments of Education, Human Rights, Human Services, Inspections and Appeals, and Public Health, as well as specific programs addressing health and safety.