HEALTH AND SAFETY

SENATE FILE 2153 - Public Health Emergencies or Disasters - Financial Assistance
SENATE FILE 2190 - Long-Term Care System Development - VETOED BY THE GOVERNOR
SENATE FILE 2209 - Immunizations - Mercury Content - Reimbursement
HOUSE FILE 2042 - Blood Donations by Sixteen-Year-Old Persons
HOUSE FILE 2187 - Registered Dental Assistants - Examination Elimination - VETOED BY THE GOVERNOR
HOUSE FILE 2200 - Arson and Fire Safety Regulation
HOUSE FILE 2343 - First Responder Vaccination Program
HOUSE FILE 2358 - Practice of Cosmetology - Miscellaneous Changes
HOUSE FILE 2362 - Birth Defects Institute - Renamed - Duties
HOUSE FILE 2447 - Elevators, Boilers, and Pressure Vessels -Regulation and Safety
HOUSE FILE 2464 - Automated External Defibrillator Grant Program
HOUSE FILE 2496 - Physical Therapy - Use of Professional Titles and Other Designations
HOUSE FILE 2506 - Electronic and Facsimile Prescriptions
HOUSE FILE 2514 - Dementia-Specific Alternative Living - VETOED BY THE GOVERNOR
HOUSE FILE 2551 - Public Health Programs and Regulation - Miscellaneous Changes
HOUSE FILE 2555 - Public Health Programs and Regulation - Additional Provisions

RELATED LEGISLATION

SENATE FILE 2059 - Birth Certificate Fees - Appropriation

SEE APPROPRIATIONS. This Act provides for a standing appropriation of fees generated from the registration of certificates of birth. The fees are appropriated for primary and secondary child abuse prevention programs and for the Birth Defects Institute Central Registry. The Act takes effect March 18, 2004.

SENATE FILE 2177 - Possession and Administration of Asthma or Other Airway Constricting Disease Medication

SEE EDUCATION. This Act requires school districts and accredited nonpublic schools to allow a student to possess and self-administer asthma or other airway constricting disease medication if the student's parent or guardian submits written authorization to the school, along with the name and purpose of the medication, the prescribed dosage, and the times at which or the special circumstances under which the medication is to be administered; and indemnifies the school against any claim other than a claim based on gross negligence.

SENATE FILE 2202 - Meningococcal Disease - Vaccination Information for Postsecondary Students

SEE EDUCATION. This Act requires institutions of higher education that have on-campus residence halls or dormitories to provide students with meningococcal disease vaccination information on student health forms.

SENATE FILE 2230 - Claims Resulting From Contaminated Property - Third-Party Liability - VETOED BY THE GOVERNOR

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This bill related to immunity from third party liability for claims resulting from contaminated property. Division V of H.F. 2484 (see Business, Banking & Insurance) enacts similar legislation that takes effect May 6, 2004.

SENATE FILE 2266 - Environmental Status of Rental Property - Landlord Disclosure

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This Act relates to the landlord disclosure requirements regarding the environmental status of rental property.

SENATE FILE 2288 - 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, 2004, and ending September 30, 2005. The Act includes funding for maternal and child health, preventive health and health services, substance abuse programs, low-income energy assistance, mental health, child care, social services, and other health and human services-related programs.

SENATE FILE 2298 - Government Funding, Administration, and Regulation - Appropriations and Miscellaneous Changes

SEE APPROPRIATIONS. Divisions V and VI of this Act make appropriations for health and human services and provide numerous related provisions. Division VII distributes and appropriates state funding for MH/MR/DD/BI services provided by counties for FY 2004-2005 and FY 2005-2006. Division X reduces by almost $30 million the amount appropriated to the Endowment for Iowa's Health Account, appropriates $10,000 to the Iowa Department of Public Health (IDPH) for a test program for a buying cooperative approach for purchasing prescription drugs, and requires IDPH to establish a mobile dental delivery system to provide and improve oral health services to certain low-income persons. Division XXI provides for the licensing of interpreters for the hearing impaired. Division XXII makes changes relating to Iowa individual income tax checkoffs. The division enacts the Volunteer Fire Fighter Preparedness Checkoff and Volunteer Fire Fighter Preparedness Fund. Moneys in the fund are appropriated to the Division of Fire Protection of the Department of Public Safety to be used to pay the costs of providing volunteer fire fighter training around the state and volunteer fire fighter training equipment. Division XXIV increases the monthly wireless communications surcharge from 50 to 65 cents per wireless line provided in Iowa and redistributes funds collected from the fund to pay off outstanding program obligations and to increase funding to joint E911 service boards and the Department of Public Defense to implement wireless E911 phase 2 of the E911 Program.

HOUSE FILE 2193 - Cosmetology Licensure - Training Requirements

SEE STATE GOVERNMENT. This Act relates to the manner in which hours of study requirements regarding licensure as a cosmetologist shall be determined.

HOUSE FILE 2201 - Massage Therapy - Exemptions From Licensure Requirements

SEE STATE GOVERNMENT. This Act provides that the licensure provisions of Code Chapter 152C, relating to massage therapy, shall not apply to a number of designated individuals.

HOUSE FILE 2207 - 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 changes to Code language on regulation of physician assistants, inspections of jails, animal feeding operations, temporary removal hearings in child in need of assistance proceedings, health maintenance organization annual reports, the plan to assure fair access to insurance requirements, and no-contact orders issued in judgment and sentencing proceedings.

HOUSE FILE 2259 - Pseudoephedrine - Sale, Purchase, or Theft - Penalties

SEE CRIMINAL LAW, PROCEDURE & CORRECTIONS. This Act restricts the sale of certain products containing pseudoephedrine as the product's sole active ingredient.

HOUSE FILE 2352 - Illegal Dumping Enforcement Officers

SEE ENVIRONMENTAL PROTECTION. This Act relates to illegal dumping enforcement officers appointed by a county board of supervisors.

HOUSE FILE 2378 - Medical Assistance Trusts - Payment Rates

SEE HUMAN SERVICES. This Act relates to the disposition of the property received or held by a medical assistance income trust, also known as a Miller Trust.

HOUSE FILE 2381 - County Hospital Budget Certification

SEE LOCAL GOVERNMENT. This Act changes from March 1 to March 15 the budget certification deadline for county hospital budgets.

HOUSE FILE 2390 - Human Services - Miscellaneous Changes

SEE HUMAN SERVICES. This Act makes changes to programs and services under the purview of the Department of Human Services, including dependent adult abuse provisions relating to those persons required to report suspected dependent adult abuse.

HOUSE FILE 2452 - Athletic Training - Licensure Requirements

SEE STATE GOVERNMENT. This Act provides that an individual engaged in the practice of athletic training must obtain a license pursuant to the provisions of Code Chapter 152D, Athletic Training. Previously, such individual had the option of utilizing the title of "athletic trainer" by becoming licensed, but licensure was not mandated.

HOUSE FILE 2476 - Communicable Diseases Affecting Poultry - Pathogenic Viruses

SEE AGRICULTURE. This Act regulates certain pathogens affecting poultry, including avian paramyxovirus, commonly referred to as Newcastle disease, and avian influenza. The Act establishes a number of civil penalties imposed on persons who own poultry, operate establishments, or participate in activities if there is a threat that the pathogen may spread. It also provides that the Department of Agriculture and Land Stewardship or a local law enforcement officer may confiscate and destroy poultry as part of an enforcement action.

HOUSE FILE 2493 - Unused Property Markets - Regulation of Sales

SEE CRIMINAL LAW, PROCEDURE & CORRECTIONS. This Act regulates sales activities at unused property market events, commonly referred to as flea markets and swap meets, and specifically prohibits the sale of baby food, infant formula, cosmetics or personal care products, or any nonprescription drug or medical device at such events, except by an authorized representative of the manufacturer or distributor of such product.

HOUSE FILE 2523 - Regulation of Air Quality - VETOED BY THE GOVERNOR

SEE ENVIRONMENTAL PROTECTION. This bill would have amended provisions in Code Chapters 455B and 459, regulating air quality. Code Chapter 455B, Division II, provides general air quality regulatory authority to the Department of Natural Resources, and Code Chapter 459 specifically regulates animal feeding operations and especially confinement feeding operations.

HOUSE FILE 2549 - Waste Tire Management Fund Appropriations

SEE ENVIRONMENTAL PROTECTION. This Act appropriates moneys in the Waste Tire Management Fund.

HOUSE FILE 2560 - Fire Protection and Emergency Medical Service

SEE LOCAL GOVERNMENT. This Act makes changes to the law relating to fire protection service by cities, counties, townships, and benefited fire districts.

HOUSE FILE 2567 - Transportation and Disposal of Dead Animals

SEE AGRICULTURE. This Act provides for the transportation and rendering of animal carcasses by persons licensed by the Department of Agriculture and Land Stewardship and provides for related fees.

HOUSE FILE 2568 - Health Insurance - Miscellaneous Changes

SEE BUSINESS, BANKING & INSURANCE. This Act contains provisions related to issues considered by the Individual Health Insurance Task Force. The provisions relate to individual health insurance market reforms under Code Chapter 513C and the Iowa Comprehensive Health Insurance Association governed under Code Chapter 514E, and address program eligibility, benefit design, rate structures, program administration, and funding of assessments.

HOUSE FILE 2577 - Healthy Iowans Tobacco Trust and Tobacco Settlement Trust Fund - Appropriations - Miscellaneous Provisions

SEE APPROPRIATIONS. This Act relates to and makes appropriations from the Healthy Iowans Tobacco Trust.

HEALTH AND SAFETY

SENATE FILE 2153 - Public Health Emergencies or Disasters - Financial Assistance (full text of bill)

BY COMMITTEE ON APPROPRIATIONS. This Act delegates authority to the Iowa Department of Public Health, in conjunction with the Governor, to provide financial assistance to local governments in the event of a public health emergency or disaster. This assistance is to come from funds not otherwise encumbered, that are appropriated to the department. In the event the department does not have sufficient unencumbered funds, the Governor may request additional funds from the Executive Council, up to $1 million. Any additional assistance would also require approval by the Legislative Council.

SENATE FILE 2190 - Long-Term Care System Development - VETOED BY THE GOVERNOR (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This bill related to the development of the long-term care system in Iowa. The bill would have provided a goal and benchmarks for the system and would have established a task force to establish priorities and strategies and to make recommendations.

SENATE FILE 2209 - Immunizations - Mercury Content - Reimbursement (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act prohibits early childhood immunizations administered in Iowa, beginning January 1, 2006, from containing more than trace amounts of mercury. The Act defines "trace amounts" as trace amounts as defined by the U.S. Food and Drug Administration, and defines "early childhood immunizations" as immunizations administered to children under eight years of age. However, the prohibition does not apply to early childhood immunizations for influenza or in times of emergency or epidemic as determined by the Director of Public Health. A violation is a simple misdemeanor. The Act also requires third-party payment provider contracts or policies delivered, issued for delivery, continued, or renewed in Iowa on or after January 1, 2006, to provide reimbursement for immunizations containing no more than trace amounts of mercury at the acquisition cost rate.

HOUSE FILE 2042 - Blood Donations by Sixteen-Year-Old Persons (full text of bill)

BY WHITAKER, HUTTER, GRANZOW, GASKILL, RAYHONS, HOGG, CONNORS, SMITH, GREIMANN, FREVERT, STRUYK, MERTZ, DAVITT, BOGGESS, LUKAN, REASONER, MURPHY, OSTERHAUS, AND SHOULTZ. This Act allows a person who is 16 years of age to donate blood in a voluntary and noncompensatory blood program if the person obtains written permission from the person's parent or guardian. Under existing law, a person who is 17 years of age or older may make such a donation without the permission of a parent or guardian.

HOUSE FILE 2187 - Registered Dental Assistants - Examination Elimination - VETOED BY THE GOVERNOR (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This bill would have provided for the elimination of an examination requirement as a prerequisite for being designated a registered dental assistant. The bill provided that in lieu of the examination requirement, a candidate for registration would obtain a certification of competency from a supervising dentist. Standards for certification of the candidate's competency would be determined by the Board of Dental Examiners by rule, and would include areas regarding infection control, hazardous materials, and jurisprudence.

HOUSE FILE 2200 - Arson and Fire Safety Regulation (full text of bill)

BY COMMITTEE ON PUBLIC SAFETY. This Act establishes a program for the certification of fire extinguishing system contractors doing business in this state, and relates to the promulgation of administrative rules by the State Fire Marshal and to the criminal offenses of arson and use of simulated explosives.

The Act requires all contractors who engage in or represent to the public as engaging in the business of layout, installation, repair, addition, maintenance, or maintenance inspection of automatic fire extinguishing systems to be certified by the State Fire Marshal. This Act defines "automatic fire extinguishing systems" and requires contractors requesting certification to provide information regarding their business and proof of liability insurance coverage. The contractor must also designate a responsible managing employee who must have certain qualifications in fire protection technology or be otherwise qualified.

The Act provides for revocation criteria, applicability to local or other state powers regarding fire extinguishing contractors, the administration of Code Chapter 100C by the State Fire Marshal, and penalties for violations. This Act directs that all fees and penalties collected under the chapter are to be deposited in the General Fund of the State and appropriates those funds to the office of the State Fire Marshal for administration of the chapter.

The Act establishes a Fire Extinguishing System Contractors Advisory Board within the Division of Fire Protection for the purpose of advising the State Fire Marshal on the administration of the program.

The Act provides that State Fire Marshal administrative rules promulgated pursuant to Code Chapter 101, Flammable Liquids and Liquefied Petroleum Gases, may only be promulgated after notice of any hearing related to these rules is published in the Iowa Administrative Bulletin. Current law requires the notice of the hearing to be published in a newspaper of general circulation throughout the state prior to the rules becoming effective.

The Act also amends the definition of the criminal offense of arson. The Act provides that a person who manufactures or attempts to manufacture a controlled substance in violation of Code Section 124.401, which then results in a fire or an explosion that damages or destroys property, commits arson. Arson is punishable as a class "B", class "C", or aggravated misdemeanor depending on the facts of the case.

The Act creates a criminal offense related to the placement of a simulated explosive or a simulated incendiary device. The Act provides that a person, with the intent to intimidate or annoy, who places a simulated explosive or simulated incendiary device in or near an occupied structure, as defined in Code Section 702.12, commits a serious misdemeanor.

HOUSE FILE 2343 - First Responder Vaccination Program (full text of bill)

BY COMMITTEE ON PUBLIC SAFETY. This Act provides for the establishment of a vaccination program for first responders. The Act provides that if federal funds or grants to administer the program are received by the Iowa Department of Public Health (IDPH), the department shall offer a vaccination program for first responders who may be exposed to infectious diseases when deployed to disaster locations. For the purposes of the vaccination program, a "first responder" is defined as including state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to sites of bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and emergencies. Vaccinations to be administered under the program include, but are not limited to, hepatitis B, diphtheria-tetanus, influenza, and other vaccinations recommended by the U.S. Public Health Service and in accordance with Federal Emergency Management Agency policy.

The program is voluntary, except that first responders who are classified as having occupational exposure to blood-borne pathogens as defined in federal regulations shall be required to receive the designated vaccinations, unless exempt. A first responder shall be exempt when a written statement from a licensed physician is presented indicating that a vaccine is medically contraindicated for that person or the first responder signs a written statement that the administration of a vaccination conflicts with religious tenets.

The Act requires IDPH to establish first responder notification procedures regarding the existence of the program by rule, and to develop and distribute educational materials on methods of preventing exposure to infectious diseases. The Act authorizes IDPH to contract with county and local health departments, not-for-profit home health care agencies, hospitals, physicians, and military unit clinics in administering the program.

The Act takes effect March 18, 2004.

HOUSE FILE 2358 - Practice of Cosmetology - Miscellaneous Changes (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act makes technical and substantive changes relating to the practice of cosmetology.

The Act provides new or revised definitions for several terms utilized in Code Chapter 157, Cosmetology, and prohibits persons licensed under that chapter from administering any practice of removing the skin by means of a razor-edged instrument or administering any procedure in which human tissue is cut, shaped, vaporized, or otherwise structurally altered, other than hair removal, manicuring, and nail technology services.

The Act provides that in addition to existing requirements for licensure, specified licensees are required to submit a written application and proof of additional training and certification for approval by the Board of Cosmetology Arts and Sciences Examiners to administer designated services. For a licensed esthetician, the designated services requiring approval include use of a certified laser product or microdermabrasion which is utilized for the purpose of exfoliating the skin, application of permanent makeup or cosmetic micropigmentation, and the administration of chemical peels. For a licensed cosmetologist, the designated services requiring approval include use of chemical peels, a certified laser product, or microdermabrasion utilized for the purpose of exfoliating the skin. The Act prohibits a cosmetologist licensed after July 1, 2005, from using chemical peels, microdermabrasion procedures, or certified laser products. For a licensed electrologist, the designated services requiring approval include use of a certified laser product for the purpose of hair removal.

The Act provides that any additional training received by a licensed esthetician, cosmetologist or electrologist and submitted to the board relating to utilization of a certified laser product shall include a safety training component; that it is unlawful for a person to employ a licensed cosmetologist, esthetician or electrologist who has not received this additional training prior to performance of the specified services; and that a violation of these provisions subjects the violator to specified penalty provisions.

Additionally, the Act requires that a licensed cosmetologist, esthetician or electrologist who provides services relating to the use of a certified laser product, chemical peel, or microdermabrasion obtain a consent in writing prior to the administration of the services and submit a report to the Board of Cosmetology Arts and Sciences Examiners within 30 days of any incident that results in physical injury requiring medical attention. Failure to comply results in disciplinary action being taken by the board.

The Act provides that an annual inspection of each school of cosmetology arts and sciences, including the educational activities of each school, may be conducted and completed by either the board or a designee of the board prior to renewal of the license. The Act prohibits the use of laser hair removal products or devices on a minor, unless the minor is accompanied by a parent or guardian and only under the general supervision of a physician.

The Act further provides that if the board has reasonable grounds to believe that a person or establishment which is not licensed under Code Chapter 157 has engaged, or is about to engage, in an act or practice which requires such licensure, or otherwise violates a provision of the chapter, the board may issue an order requiring compliance, and may impose a civil penalty not to exceed $1,000 per violation, with each day of continued violation constituting a separate offense, up to a maximum penalty of $10,000.

HOUSE FILE 2362 - Birth Defects Institute - Renamed - Duties (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act requires the Iowa Department of Public Health to establish a stillbirths protocol work group to study and develop prevention strategies to reduce stillbirths and other congenital or inherited disorders which cause the death and disability of newborns in this state.

The Act renames the Birth Defects Institute, the Center for Congenital and Inherited Disorders. The Act enacts Code Chapter 136E, which incorporates the majority of the provisions of Code Chapter 136A, Birth Defects Institute, which is repealed, and expands the duties of the institute to include the study of the causes and prevention of all congenital and inherited disorders, including stillbirths. The Act continues the central registry, statewide health care programs, and education of the public and medical and scientific communities. The Act provides for the screening of all newborns born in this state for congenital and inherited disorders, but allows parents to choose not to have their newborn screened. The Act also provides for the confidentiality of all identifying information collected and maintained and requires the center to adopt administrative rules.

HOUSE FILE 2447 - Elevators, Boilers, and Pressure Vessels -Regulation and Safety (full text of bill)

BY COMMITTEE ON COMMERCE, REGULATION AND LABOR. This Act rewrites the Code chapters regulating boilers and unfired steam pressure vessels and elevators, Code Chapters 89 and 89A, to establish a Boiler and Pressure Vessel Board and an Elevator Safety Board within the Labor Services Division of the Department of Workforce Development. Each board is given rulemaking authority, including the authority to hear and decide contested cases. The Act strikes the Labor Commissioner's rulemaking authority in these areas, except with regard to requirements for special inspectors.

The Act establishes within the State Treasury, under the control of the Labor Commissioner, a Boiler and Pressure Vessel Safety Revolving Fund and an Elevator Safety Fund. Fees collected by the commissioner must be deposited in the funds. Moneys in the fund are appropriated and shall be used by the commissioner to pay the actual costs and expenses necessary to operate the boards and administer the provisions of the chapters. Moneys in the funds are exempt from the Code provision requiring moneys to be deposited in the General Fund of the State at the end of the fiscal year. The Code sections establishing the funds are repealed effective July 1, 2012.

The nine-member boards are authorized to formulate definitions and rules requirements for the safe and proper installation, repair, maintenance, alteration, use, and operation of equipment regulated under the appropriate chapters, and to establish fees for the examinations, commissions, inspections, annual statements, shop inspections, permits, licenses, and other services. The Act requires both boards to conduct, not later than July 1, 2005, and every three years thereafter, a comprehensive review of existing boiler rules, regulations and standards.

Under the Act, inspection reports that require modification, alteration or change of a boiler or unfired steam pressure vessel must be in writing and cite the state law or rule, or the code section of the American Society of Mechanical Engineers' (ASME) Boiler and Pressure Vessel Code, allegedly violated.

Rules adopted by the Boiler and Pressure Vessel Board must be in accordance with accepted engineering standards and practices and the ASME code, which may include addenda, interpretations, and code cases, as soon as reasonably practical following publication by ASME.

The Act eliminates provisions that permit appeals under Code Chapters 89 and 89A to be conducted by the Employment Appeal Board. Board action by either board constitutes final agency action. The Act makes numerous conforming amendments throughout the Code.

The Act temporarily inactivates any provision of law to the contrary to direct revenues from fees imposed, collected or accrued during FY 2004-2005, to be deposited in the General Fund of the State. The Act states the intent of the General Assembly that the moneys appropriated from the General Fund of the State to the Division of Labor Services for FY 2004-2005 be reduced by the total amount of revenues projected to be deposited in the funds created by the Act in FY 2004-2005.

The Act takes effect April 26, 2004.

HOUSE FILE 2464 - Automated External Defibrillator Grant Program (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act directs the Iowa Department of Public Health to establish an Automated External Defibrillator Grant Program to assist in the distribution of automated external defibrillator equipment and training regarding equipment utilization. The program's stated objective is to enhance the emergency response system in rural areas of the state, where access to health care providers is often limited, by providing increased access to automated external defibrillator equipment by rural emergency and community personnel.

The Act provides that a local board of health, community organization, or city may submit an application to the department for review, which shall be subject to eligibility and approval criteria established by rule by the department. The amount of a grant shall not exceed 50 percent of the costs of the automated external defibrillator equipment to be distributed and the training program to be administered at the local level. Each application must include information demonstrating that the applicant will provide matching funds of 50 percent of the program's cost. The Act requires grant recipients to submit an annual report to the department providing specified information.

The Act contains a contingent effective date, becoming effective upon receipt by the department of federal or state funding to establish the program.

HOUSE FILE 2496 - Physical Therapy - Use of Professional Titles and Other Designations (full text of bill)

BY COMMITTEE ON STATE GOVERNMENT. This Act prohibits the use of certain titles relating to physical therapy which indicate or imply that physical therapy services are provided or supplied, unless the services are provided by or under the direction and supervision of a physical therapist licensed pursuant to Code Chapter 148A, which regulates the practice of physical therapy. Violation for false use of a physical therapy title is a serious misdemeanor and may result in the revocation or suspension of a license to practice. The Act provides that the term "physiotherapy" may be used by a provider, or an individual acting under the direction of a provider, licensed under Code Chapter 148A or Code Chapter 151, which regulates the practice of chiropractic.

HOUSE FILE 2506 - Electronic and Facsimile Prescriptions (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act provides for the electronic and facsimile transmission of prescriptions.

Under the Controlled Substances chapter of the Code, the Act provides that a Schedule II controlled substance may be dispensed based on an electronic or facsimile prescription if the prescription complies with the requirements for such a prescription established under the Act and if the original signed prescription is presented to the pharmacist prior to the dispensing of the controlled substance. The Act provides that if permitted by federal law, and in accordance with federal requirements, the electronic or facsimile prescription shall serve as the original signed prescription.

Additionally, the Act provides that a Schedule III, IV or V controlled substance may be dispensed based on an electronic prescription or a facsimile prescription, provided that the prescription complies with requirements established for such prescriptions under the Act and, the original signed prescription is presented to the pharmacist prior to the dispensing of the controlled substance, or if the prescription is electronic, an oral prescription, or a facsimile prescription is provided. The Act provides that if permitted by federal law, and in accordance with federal requirements, the electronic or facsimile prescription shall serve as the original signed prescription.

The Act provides for the use of electronic or facsimile prescriptions under the Drugs, Devices, and Cosmetics Code chapter and under the drug dispensing, supplying, and prescribing provisions of the Health Related Professions chapter of the Code, and provides for the use of electronic and facsimile prescriptions related to contact lenses and ophthalmic spectacle lenses. The Act also establishes requirements for the inclusion of certain information in an electronic or facsimile transmission under the Pharmacy chapter. The Act makes existing penalties currently applicable to the forgery, alteration or falsifying of other types of prescriptions under Code Section 155A.24, applicable to electronic and facsimile prescriptions.

HOUSE FILE 2514 - Dementia-Specific Alternative Living - VETOED BY THE GOVERNOR (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This bill related to the implementation of a pilot project for dementia-specific alternative living.

HOUSE FILE 2551 - Public Health Programs and Regulation - Miscellaneous Changes (full text of bill)

BY COMMITTEE ON WAYS AND MEANS. This Act provides for various changes in connection with programs under the authority of the Iowa Department of Public Health (IDPH).

The Act provides for the transfer of administration of an annual grant program relating to private water supply wells from the Department of Natural Resources to IDPH. The Act also requires IDPH to maintain a listing of lead abater and lead inspector training programs, and specifies requirements relating to training program content and delivery. The Act authorizes IDPH to establish and collect a fee relating to transporting radioactive material, provided that the fee is utilized for a purpose relating to such transportation. The Act additionally provides that an applicant for a license as an audiologist may hold, as an alternative to a master's degree or its equivalent with a major in audiology, a doctoral degree in audiology or its equivalent, from an accredited educational institution which incorporates the academic coursework and minimum hours of supervised training as provided by rule.

The Act deletes provisions which had permitted the boards of Medical Examiners and Dental Examiners to cancel a temporary certificate to practice or a temporary permit without due process, and provides that the occupational therapy and occupational therapist examination may be taken either in electronic or written form without any limitation regarding frequency of examination administration. The Act additionally provides for a definition of "electronic signature" for purposes of the electronic transmission of prescription drug orders. Further, the Act deletes a requirement that results of an investigation of an employee of the Board of Pharmacy Examiners be forwarded to the complainant.

HOUSE FILE 2555 - Public Health Programs and Regulation - Additional Provisions (full text of bill)

BY COMMITTEE ON APPROPRIATIONS. This Act provides for a number of technical and substantive changes regarding programs under the purview of the Iowa Department of Public Health.

The Act establishes a Gifts and Grants Fund, and authorizes the department to accept gifts, grants, or allotments of funds from any source to be used for programs the department is authorized to administer. Moneys in the fund are appropriated to the department for purposes specified in the gift or grant, are not subject to appropriation or expenditure for any other purpose, and are not to revert to the General Fund of the State.

The Act changes funding provisions concerning the Childhood Lead Poisoning Prevention Grant Program by specifying that a 3-to-1 state-local funding match applies to all federal, state and other funds received by the department for the program, that the department may also use the funds for the program to purchase environmental and blood testing from a public health laboratory, and that a public health laboratory shall not be required to designate matching funds.

The Act requires the department to establish programs and adopt rules relating to standards for radon abatement systems, and allows inspections and testing of premises required as a spot-check of radon contamination to be performed either by the department or its duly authorized agents.

The Act provides for changes relating to the definition of "quarantine," deletes outdated language relating to a physician assistant rules review group, deletes outdated language regarding specification of a supervising physician by the Board of Medical Examiners, clarifies that the practice of nursing includes execution of a regimen prescribed by a nurse practitioner or physician assistant, and expands the amount of postgraduate training required for international medical graduates from one year to two years beginning July 1, 2006. The Act additionally provides for terminology changes regarding engaging in business as a hearing aid dispenser, and extends from six months to one year the duration during which it is permissible for a provisional nursing home administrator to operate prior to obtaining licensure.

The Act authorizes the Board of Mortuary Science Examiners to impose civil penalties upon a finding of unlicensed practice, and includes other provisions related to board authority to act in unlicensed practice situations. Additionally, the Act provides for additional categories of expenses which may be recouped by specified licensing boards for conducting disciplinary hearings.