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