Senate File 2177 - Enrolled

PAG LIN



  1  1                                          SENATE FILE 2177
  1  2
  1  3                             AN ACT
  1  4 RELATING TO HEALTH-RELATED ACTIVITIES AND REGULATION BY THE
  1  5    DEPARTMENT OF PUBLIC HEALTH.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9                           DIVISION I
  1 10                       GENERAL PROVISIONS
  1 11    Section 1.  Section 135.11, subsection 6, Code Supplement
  1 12 2007, is amended by striking the subsection.
  1 13    Sec. 2.  Section 135.11, subsection 13, Code Supplement
  1 14 2007, is amended to read as follows:
  1 15    13.  Establish and maintain such divisions in the
  1 16 department as are necessary for the proper enforcement of the
  1 17 laws administered by it, including a division of contagious
  1 18 and infectious diseases, a division of venereal diseases, a
  1 19 division of housing, a division of sanitary engineering, and a
  1 20 division of vital statistics, but the various services of the
  1 21 department shall be so consolidated as to eliminate
  1 22 unnecessary personnel and make possible the carrying on of the
  1 23 functions of the department under the most economical methods
  1 24 the department.
  1 25    Sec. 3.  Section 135.22B, subsection 6, paragraph b, Code
  1 26 Supplement 2007, is amended to read as follows:
  1 27    b.  The individual has a diagnosed diagnosis of brain
  1 28 injury as defined in section 135.22 that meets the diagnosis
  1 29 eligibility criteria for the brain injury services waiver.
  1 30    Sec. 4.  Section 135.37, Code 2007, is amended by adding
  1 31 the following new subsection:
  1 32    NEW SUBSECTION.  6.  As necessary to avoid duplication and
  1 33 promote coordination of public health inspection and
  1 34 enforcement activities, the department may enter into
  1 35 agreements with local boards of health to provide for
  2  1 inspection and enforcement of tattooing establishments in
  2  2 accordance with the rules and criteria implemented under this
  2  3 section.
  2  4    Sec. 5.  Section 135I.2, Code 2007, is amended to read as
  2  5 follows:
  2  6    135I.2  APPLICABILITY.
  2  7    This chapter applies to all swimming pools and spas owned
  2  8 or operated by local or state government, or commercial
  2  9 interests or private entities including, but not limited to,
  2 10 facilities operated by cities, counties, public or private
  2 11 school corporations, hotels, motels, camps, apartments,
  2 12 condominiums, and health or country clubs.  This chapter does
  2 13 not apply to facilities intended for single family use or to a
  2 14 swimming pool or spa operated by a homeowners' association
  2 15 representing seventy=two or fewer dwelling units if the
  2 16 association's bylaws, which also apply to a rental agreement
  2 17 relative to any of the dwelling units, include an exemption
  2 18 from the requirements of this chapter, provide for inspection
  2 19 of the swimming pool or spa by an entity other than the
  2 20 department or local board of health, and assume any liability
  2 21 associated with operation of the swimming pool or spa.  This
  2 22 chapter does not apply to a swimming pool or spa used
  2 23 exclusively for therapy under the direct supervision of
  2 24 qualified medical personnel.  To avoid duplication and promote
  2 25 coordination of inspection activities, the department may
  2 26 enter into written agreements pursuant to chapter 28E with a
  2 27 local board of health to provide for inspection and
  2 28 enforcement in accordance with this chapter.
  2 29    Sec. 6.  Section 135M.4, subsection 1, paragraph b, Code
  2 30 Supplement 2007, is amended to read as follows:
  2 31    b.  The prescription drug bears an expiration date that is
  2 32 more than six months after the date the prescription drug was
  2 33 donated.  However, a donated prescription drug bearing an
  2 34 expiration date that is six months or less after the date the
  2 35 prescription drug was donated may be accepted and distributed
  3  1 if the drug is in high demand and can be dispensed for use
  3  2 prior to the drug's expiration date.
  3  3    Sec. 7.  Section 136C.9, subsection 1, paragraph b, Code
  3  4 2007, is amended to read as follows:
  3  5    b.  Specific licenses issued upon application to a person
  3  6 named in the license to use, manufacture, produce, transfer,
  3  7 receive, acquire, or possess quantities of or equipment using
  3  8 radioactive material.  Applicants requesting radioactive
  3  9 materials in quantities of concern, as identified by the
  3 10 United States nuclear regulatory commission, shall submit
  3 11 fingerprints to the United States nuclear regulatory
  3 12 commission for a background check of all individuals
  3 13 authorized for unescorted access to such material.
  3 14    Sec. 8.  Section 136C.15, subsection 2, paragraph a, Code
  3 15 2007, is amended to read as follows:
  3 16    a.  The radiation machine meets the criteria for the
  3 17 American college of radiology a mammography accreditation
  3 18 program approved by the United States food and drug
  3 19 administration.  The department shall make copies of those
  3 20 criteria available to the public and may by rule adopt
  3 21 modified criteria.  The department may accept an evaluation
  3 22 report issued by the American college of radiology such an
  3 23 approved accreditation program as evidence that a radiation
  3 24 machine meets those criteria.  If at any time the department
  3 25 determines that it will not accept any evaluation reports
  3 26 issued by the American college of radiology such an approved
  3 27 accreditation program as evidence that a radiation machine
  3 28 meets those criteria, the department shall promptly notify
  3 29 each person who has registered a radiation machine under this
  3 30 paragraph.
  3 31    Sec. 9.  Section 136C.15, subsections 4, 5, 6, and 10, Code
  3 32 2007, are amended to read as follows:
  3 33    4.  To obtain authorization from the department to use a
  3 34 radiation machine for mammography, the person who owns or
  3 35 leases the radiation machine or an authorized agent of the
  4  1 person shall apply to the department for mammography
  4  2 authorization on an application form provided by the
  4  3 department and shall provide all of the information required
  4  4 by the department as specified on the application form.  A
  4  5 person who owns or leases more than one radiation machine used
  4  6 for mammography shall obtain authorization for each radiation
  4  7 machine.  The department shall process and respond to an
  4  8 application within thirty days after the date of receipt of
  4  9 the application.  Upon determining to grant mammography
  4 10 authorization for a radiation machine, the department shall
  4 11 issue a certificate of registration specifying the mammography
  4 12 authorization for each authorized radiation machine.  A
  4 13 mammography authorization is effective for three years.
  4 14    5.  No later than sixty days after initial mammography
  4 15 authorization of a radiation machine under this section, the
  4 16 department shall inspect the radiation machine.  After that
  4 17 initial inspection, the The department shall annually inspect
  4 18 the each authorized radiation machine and may inspect the
  4 19 radiation machine more frequently.  The department shall make
  4 20 reasonable efforts to coordinate the inspections under this
  4 21 section with the department's other inspections of the
  4 22 facility in which the radiation machine is located.
  4 23    6.  After each satisfactory inspection by the department,
  4 24 the department shall issue a certificate of radiation machine
  4 25 written proof of inspection or a similar document identifying
  4 26 the facility and radiation machine inspected and providing a
  4 27 record of the date the radiation machine was inspected.  The
  4 28 facility shall post the certificate or other document near the
  4 29 inspected radiation machine.
  4 30    10.  If the department withdraws the mammography
  4 31 authorization of a radiation machine, the radiation machine
  4 32 shall not be used for mammography.  An application for
  4 33 reinstatement of a mammography authorization shall be filed
  4 34 and processed in the same manner as an application for
  4 35 mammography authorization under subsection 4, except that the
  5  1 department shall not issue a reinstated certificate of
  5  2 mammography registration specifying the mammography
  5  3 authorization until the department inspects the radiation
  5  4 machine and determines that it meets the standards set forth
  5  5 in subsection 2.  The department shall conduct an inspection
  5  6 required under this subsection no later than sixty days after
  5  7 receiving a proper application for reinstatement of a
  5  8 mammography authorization.
  5  9    Sec. 10.  Section 136D.3, Code 2007, is amended to read as
  5 10 follows:
  5 11    136D.3  APPLICATION OF CHAPTER.
  5 12    1.  This chapter does not apply to a phototherapy device
  5 13 used by or under the supervision of a licensed physician
  5 14 trained in the use of phototherapy devices.  A tanning device
  5 15 used by a tanning facility must comply with all applicable
  5 16 federal laws and regulations.
  5 17    2.  This chapter shall not supersede or duplicate the
  5 18 authority and programs of any other agency of the state or the
  5 19 United States.  To avoid duplication and promote coordination
  5 20 of radiation protection activities, the department may enter
  5 21 into written agreements pursuant to chapter 28E with other
  5 22 state or federal agencies, with local boards of public health,
  5 23 or with private organizations or individuals, to administer
  5 24 this chapter.
  5 25    Sec. 11.  Section 139A.35, Code 2007, is amended to read as
  5 26 follows:
  5 27    139A.35  MINORS.
  5 28    A minor who seeks diagnosis or treatment for a sexually
  5 29 transmitted disease or infection shall have the legal capacity
  5 30 to act and give consent to provision of medical care and
  5 31 service for the or services to the minor for the prevention,
  5 32 diagnosis, or treatment of a sexually transmitted disease or
  5 33 infection by a hospital, clinic, or health care provider.
  5 34 Such medical diagnosis and treatment care or services shall be
  5 35 provided by or under the supervision of a physician licensed
  6  1 to practice medicine and surgery, osteopathy, or osteopathic
  6  2 medicine and surgery, a physician assistant, or an advanced
  6  3 registered nurse practitioner.  Consent shall not be subject
  6  4 to later disaffirmance by reason of such minority.  The
  6  5 consent of another person, including but not limited to the
  6  6 consent of a spouse, parent, custodian, or guardian, shall not
  6  7 be necessary.
  6  8    Sec. 12.  NEW SECTION.  139A.41  CHLAMYDIA AND GONORRHEA
  6  9 TREATMENT.
  6 10    Notwithstanding any other provision of law to the contrary,
  6 11 a physician, physician assistant, or advanced registered nurse
  6 12 practitioner who diagnoses a sexually transmitted chlamydia or
  6 13 gonorrhea infection in an individual patient may prescribe,
  6 14 dispense, furnish, or otherwise provide prescription oral
  6 15 antibiotic drugs to that patient's sexual partner or partners
  6 16 without examination of that patient's partner or partners.  If
  6 17 the infected individual patient is unwilling or unable to
  6 18 deliver such prescription drugs to a sexual partner or
  6 19 partners, a physician, physician assistant, or advanced
  6 20 registered nurse practitioner may dispense, furnish, or
  6 21 otherwise provide the prescription drugs to the department or
  6 22 local disease prevention investigation staff for delivery to
  6 23 the partner or partners.
  6 24    Sec. 13.  Section 144.28, subsection 1, Code Supplement
  6 25 2007, is amended to read as follows:
  6 26    1.  a.  The For the purposes of this section, "nonnatural
  6 27 cause of death" means the death is a direct or indirect result
  6 28 of physical, chemical, thermal, or electrical trauma, or drug
  6 29 or alcohol intoxication or other poisoning.
  6 30    b.  Unless there is a nonnatural cause of death, the
  6 31 medical certification shall be completed and signed by the
  6 32 physician in charge of the patient's care for the illness or
  6 33 condition which resulted in death within seventy=two hours
  6 34 after receipt of the death certificate from the funeral
  6 35 director or individual who initially assumes custody of the
  7  1 body, except when inquiry is required by.
  7  2    c.  If there is a nonnatural cause of death, the county or
  7  3 state medical examiner shall be notified and shall conduct an
  7  4 inquiry.
  7  5    d.  If the decedent was an infant or child and the cause of
  7  6 death is not known, a medical examiner's inquiry shall be
  7  7 conducted and an autopsy performed as necessary to exclude a
  7  8 nonnatural cause of death.
  7  9    e.  If upon inquiry into the a death, the county or state
  7 10 medical examiner determines that a preexisting natural disease
  7 11 or condition was the likely cause of death and that the death
  7 12 does not affect the public interest as described in section
  7 13 331.802, subsection 3, the county medical examiner may elect
  7 14 to defer to the physician in charge of the patient's
  7 15 preexisting condition the certification of the cause of death.
  7 16    f.  When an inquiry is required by the county or state
  7 17 medical examiner, the medical examiner shall investigate the
  7 18 cause and manner of death and shall complete and sign the
  7 19 medical certification within seventy=two hours after
  7 20 determination of the cause and manner of death.
  7 21                           DIVISION II
  7 22         ANIMALS FOR SCIENTIFIC RESEARCH CHAPTER REPEAL
  7 23    Sec. 14.  Section 135.1, unnumbered paragraph 1, Code 2007,
  7 24 is amended to read as follows:
  7 25    For the purposes of chapter 155 and Title IV, subtitle 2,
  7 26 excluding chapters 142B, 145B, and 146, unless otherwise
  7 27 defined:
  7 28    Sec. 15.  Section 135.11, subsection 14, Code Supplement
  7 29 2007, is amended to read as follows:
  7 30    14.  Establish, publish, and enforce rules not inconsistent
  7 31 with law for the enforcement of the provisions of chapters 125
  7 32 and 155, and Title IV, subtitle 2, excluding chapters 142B,
  7 33 145B, and 146 and for the enforcement of the various laws, the
  7 34 administration and supervision of which are imposed upon the
  7 35 department.
  8  1    Sec. 16.  Section 162.20, subsection 5, paragraph c, Code
  8  2 2007, is amended to read as follows:
  8  3    c.  The transfer of a dog or cat to an institution as
  8  4 defined in section 145B.1, a research facility as defined in
  8  5 section 162.2, or a person licensed by the United States
  8  6 department of agriculture as a class B dealer pursuant to 9
  8  7 C.F.R. subchapter A, part 2.  However, a class B dealer who
  8  8 receives an unsterilized dog or cat from a pound or animal
  8  9 shelter shall either sterilize the dog or cat or transfer the
  8 10 unsterilized dog or cat to an institution or a research
  8 11 facility provided in this paragraph.  The class B dealer shall
  8 12 not transfer a dog to an institution or a research facility,
  8 13 if the dog is a greyhound registered with the national
  8 14 greyhound association and the dog raced at a track associated
  8 15 with pari=mutuel racing, unless the class B dealer receives
  8 16 written approval of the transfer from a person who owned an
  8 17 interest in the dog while the dog was racing.
  8 18    Sec. 17.  Section 717.1A, subsection 7, Code 2007, is
  8 19 amended to read as follows:
  8 20    7.  An institution, as defined in section 145B.1, or a A
  8 21 research facility, as defined in section 162.2, provided that
  8 22 the institution or research facility performs functions within
  8 23 the scope of accepted practices and disciplines associated
  8 24 with the institution or research facility.
  8 25    Sec. 18.  Section 717.2, subsection 3, Code 2007, is
  8 26 amended to read as follows:
  8 27    3.  This section does not apply to an institution, as
  8 28 defined in section 145B.1, or a research facility, as defined
  8 29 in section 162.2, provided that the institution or research
  8 30 facility performs functions within the scope of accepted
  8 31 practices and disciplines associated with the institution or
  8 32 research facility.
  8 33    Sec. 19.  Section 717A.1, subsection 4, paragraph b, Code
  8 34 2007, is amended to read as follows:
  8 35    b.  A location where an animal is maintained for
  9  1 educational or scientific purposes, including an institution
  9  2 as defined in section 145B.1, a research facility as defined
  9  3 in section 162.2, an exhibition, or a vehicle used to
  9  4 transport the animal.
  9  5    Sec. 20.  Section 717B.2, subsection 11, Code 2007, is
  9  6 amended to read as follows:
  9  7    11.  An institution, as defined in section 145B.1, or a A
  9  8 research facility, as defined in section 162.2, provided that
  9  9 the institution or research facility performs functions within
  9 10 the scope of accepted practices and disciplines associated
  9 11 with the institution or research facility.
  9 12    Sec. 21.  Section 717B.3, subsection 2, Code 2007, is
  9 13 amended to read as follows:
  9 14    2.  This section does not apply to an institution, as
  9 15 defined in section 145B.1, or a research facility, as defined
  9 16 in section 162.2, provided that the institution or research
  9 17 facility performs functions within the scope of accepted
  9 18 practices and disciplines associated with the institution or
  9 19 research facility.
  9 20    Sec. 22.  Section 717B.3A, subsection 2, paragraph k, Code
  9 21 2007, is amended to read as follows:
  9 22    k.  An institution, as defined in section 145B.1, or a A
  9 23 research facility, as defined in section 162.2, provided that
  9 24 the institution or research facility performs functions within
  9 25 the scope of accepted practices and disciplines associated
  9 26 with the institution or research facility.
  9 27    Sec. 23.  Section 717D.3, subsection 2, paragraph k, Code
  9 28 2007, is amended to read as follows:
  9 29    k.  An institution, as defined in section 145B.1, or a A
  9 30 research facility, as defined in section 162.2, provided that
  9 31 the institution or research facility performs functions within
  9 32 the scope of accepted practices and disciplines associated
  9 33 with the institution or research facility.
  9 34    Sec. 24.  Chapter 145B, Code 2007, is repealed.
  9 35                          DIVISION III
 10  1            COUNCIL ON CHEMICALLY EXPOSED INFANTS AND
 10  2                     CHILDREN CHAPTER REPEAL
 10  3    Sec. 25.  Chapter 235C, Code 2007, is repealed.
 10  4
 10  5
 10  6                                                             
 10  7                               JOHN P. KIBBIE
 10  8                               President of the Senate
 10  9
 10 10
 10 11                                                             
 10 12                               PATRICK J. MURPHY
 10 13                               Speaker of the House
 10 14
 10 15    I hereby certify that this bill originated in the Senate and
 10 16 is known as Senate File 2177, Eighty=second General Assembly.
 10 17
 10 18
 10 19                                                             
 10 20                               MICHAEL E. MARSHALL
 10 21                               Secretary of the Senate
 10 22 Approved                , 2008
 10 23
 10 24
 10 25                                
 10 26 CHESTER J. CULVER
 10 27 Governor