House File 2492

                                       HOUSE FILE       
                                       BY  COMMITTEE ON HUMAN
                                           RESOURCES

                                       (SUCCESSOR TO HSB 626)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for specified changes regarding programs under
  2    the purview of the department of public health, providing a
  3    penalty, and making an appropriation.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5217HV 80
  6 rn/cf/24

PAG LIN

  1  1    Section 1.  NEW SECTION.  135.39A  GIFTS AND GRANTS FUND ==
  1  2 APPROPRIATION.
  1  3    The department is authorized to accept gifts, grants, or
  1  4 allotments of funds from any source to be used for programs
  1  5 authorized by this chapter or any other chapter which the
  1  6 department is responsible for administering.  A public health
  1  7 gifts and grants fund is created as a separate fund in the
  1  8 state treasury under the control of the department.  The fund
  1  9 shall consist of gift or grant moneys obtained from any
  1 10 source, including the federal government.  The moneys
  1 11 collected under this section and deposited in the fund are
  1 12 appropriated to the department for the public health purposes
  1 13 specified in the gift or grant.  Moneys in the fund shall not
  1 14 be subject to appropriation or expenditure for any other
  1 15 purpose.  Notwithstanding section 8.33, moneys in the public
  1 16 health gifts and grants fund at the end of each fiscal year
  1 17 shall not revert to any other fund but shall remain in the
  1 18 public health gifts and grants fund for expenditure for
  1 19 subsequent fiscal years.
  1 20    Sec. 2.  Section 135.103, Code 2003, is amended to read as
  1 21 follows:
  1 22    135.103  GRANT PROGRAM.
  1 23    The department shall implement a childhood lead poisoning
  1 24 prevention grant program which provides matching federal,
  1 25 state, or other funds to local boards of health or cities for
  1 26 the program after standards and requirements for the local
  1 27 program are developed.  The state shall provide funds to
  1 28 approved programs on the basis of three dollars for each one
  1 29 dollar designated by the local board of health or city for the
  1 30 program for the first two years of a program, and funds on the
  1 31 basis of one dollar for each one dollar designated by the
  1 32 local board of health or city for the program for the third
  1 33 and subsequent years of the program if such funding is
  1 34 determined necessary by the department for such subsequent
  1 35 years.  The department may also use federal, state, or other
  2  1 funds provided for the childhood lead poisoning prevention
  2  2 grant program to purchase environmental and blood testing
  2  3 services from a public health laboratory.
  2  4    Sec. 3.  Section 135.104, unnumbered paragraph 1, Code
  2  5 2003, is amended to read as follows:
  2  6    The program by a local board of health or city receiving
  2  7 matching funding for an approved childhood lead poisoning
  2  8 prevention grant program shall include:
  2  9    Sec. 4.  Section 136B.1, subsection 2, Code 2003, is
  2 10 amended to read as follows:
  2 11    2.  The department shall establish programs and adopt rules
  2 12 for the certification of persons who test for the presence of
  2 13 radon gas and radon progeny in buildings and for buildings,
  2 14 the credentialing of persons abating the level of radon in
  2 15 buildings, and construction standards for radon abatement
  2 16 systems.
  2 17    Sec. 5.  Section 136B.3, Code 2003, is amended to read as
  2 18 follows:
  2 19    136B.3  TESTING AND REPORTING OF RADON LEVEL.
  2 20    The department or its duly authorized agents shall from
  2 21 time to time perform inspections and testing of the premises
  2 22 of a property to determine the level at which it is
  2 23 contaminated with radon gas or radon progeny as a spot=check
  2 24 of the validity of measurements or the adequacy of abatement
  2 25 measures performed by persons certified or credentialed under
  2 26 section 136B.1.  Following testing the department shall
  2 27 provide the owner of the property with a written report of its
  2 28 results including the concentration of radon gas or radon
  2 29 progeny contamination present, an interpretation of the
  2 30 results, and recommendation of appropriate action.  A person
  2 31 certified or credentialed under section 136B.1 shall also be
  2 32 advised of the department's results, discrepancies revealed by
  2 33 the spot=check, actions required of the person, and actions
  2 34 the department intends to take with respect to the person's
  2 35 continued certification or credentialing.
  3  1    Sec. 6.  Section 139A.2, subsection 20, Code Supplement
  3  2 2003, is amended to read as follows:
  3  3    20.  "Quarantine" means the limitation of freedom of
  3  4 movement of persons or animals that have been exposed to a
  3  5 communicable quarantinable disease within specified limits
  3  6 marked by placards for a period of time equal to the longest
  3  7 usual incubation period of the disease in such manner as to
  3  8 prevent the spread of a communicable quarantinable disease
  3  9 which affects people.
  3 10    Sec. 7.  NEW SECTION.  139A.13A  ISOLATION OR QUARANTINE ==
  3 11 EMPLOYMENT PROTECTION.
  3 12    1.  An employer shall not discharge an employee, or take or
  3 13 fail to take action regarding an employee's promotion or
  3 14 proposed promotion, or take action to reduce an employee's
  3 15 wages or benefits for actual time worked, due to the
  3 16 compliance of an employee with a quarantine or isolation order
  3 17 issued by the department or a local board.
  3 18    2.  An employer who violates this section commits a simple
  3 19 misdemeanor.
  3 20    3.  An employee whose employer violates this section shall
  3 21 also be entitled to recover damages from the employer
  3 22 including, but not limited to, actual damages, court costs,
  3 23 and reasonable attorney fees.  The employee may also petition
  3 24 the court for imposition of a cease and desist order against
  3 25 the person's employer and for reinstatement to the person's
  3 26 previous position of employment.
  3 27    Sec. 8.  Section 148.3, subsection 3, Code 2003, is amended
  3 28 to read as follows:
  3 29    3.  Present to the medical examiners satisfactory evidence
  3 30 that the applicant has successfully completed one year of
  3 31 postgraduate internship or resident training in a hospital
  3 32 approved for such training by the medical examiners.
  3 33 Beginning July 1, 2006, an applicant who holds a valid
  3 34 certificate issued by the educational commission for foreign
  3 35 medical graduates shall submit satisfactory evidence of
  4  1 successful completion of two years of such training.
  4  2    Sec. 9.  Section 152.1, subsection 6, paragraph b, Code
  4  3 Supplement 2003, is amended to read as follows:
  4  4    b.  Execute regimen prescribed by a physician, an advanced
  4  5 registered nurse practitioner, or a physician assistant.
  4  6    Sec. 10.  Section 154A.18, Code 2003, is amended to read as
  4  7 follows:
  4  8    154A.18  DISPLAY OF LICENSE.
  4  9    A person shall not engage in business as a hearing aid
  4 10 dispenser, or display a sign, or in any other way advertise or
  4 11 claim to be a hearing aid dispenser after January 1, 1975,
  4 12 unless the person holds a valid license issued by the
  4 13 department as provided in this chapter.  The license shall be
  4 14 conspicuously posted in the person's office or place of
  4 15 business primary location of practice.  The department shall
  4 16 issue duplicate licenses to valid license holders operating
  4 17 more than one office.  A license confers upon the holder the
  4 18 right to operate a business practice as a hearing aid
  4 19 dispenser.
  4 20    Sec. 11.  Section 155.9, subsection 3, unnumbered paragraph
  4 21 2, Code 2003, is amended to read as follows:
  4 22    The board may also accept the voluntary surrender of such
  4 23 license without necessity of a hearing.  In the event of the
  4 24 inability of the regular administrator of a nursing home to
  4 25 perform the administrator's duties or through death or other
  4 26 cause the nursing home is without a licensed administrator, a
  4 27 provisional administrator may be appointed on a temporary
  4 28 basis by the nursing home owner or owners, to perform such
  4 29 duties for a period not to exceed six months one year.
  4 30    Sec. 12.  NEW SECTION.  156.16  UNLICENSED PRACTICE ==
  4 31 INJUNCTIONS, CIVIL PENALTIES, CONSENT AGREEMENTS.
  4 32    1.  If the board has reasonable grounds to believe that a
  4 33 person or establishment which is not licensed under this
  4 34 chapter has engaged, or is about to engage, in an act or
  4 35 practice which requires licensure under this chapter, or
  5  1 otherwise violates a provision of this chapter, the board may
  5  2 issue an order to require the unlicensed person or
  5  3 establishment to comply with the provisions of this chapter,
  5  4 and may impose a civil penalty not to exceed one thousand
  5  5 dollars for each violation of this chapter by an unlicensed
  5  6 person or establishment.  Each day of a continued violation
  5  7 constitutes a separate offense.
  5  8    2.  The board may conduct an investigation as needed to
  5  9 determine whether probable cause exists to initiate the
  5 10 proceedings described in this section.  To aid in such an
  5 11 investigation or in connection with any other proceeding under
  5 12 this section, the board may issue subpoenas to compel
  5 13 witnesses to testify or persons to produce evidence consistent
  5 14 with the provisions of section 272C.6, subsection 3.
  5 15    3.  The board, in determining the amount of a civil penalty
  5 16 to be imposed, may consider any of the following:
  5 17    a.  Whether the amount imposed will be a substantial
  5 18 economic deterrent to the violation.
  5 19    b.  The circumstances leading to the violation.
  5 20    c.  The severity of the violation and the risk of harm to
  5 21 the public.
  5 22    d.  The economic benefits gained by the violator as a
  5 23 result of noncompliance.
  5 24    e.  The interest of the public.
  5 25    4.  The board, before issuing an order under this section,
  5 26 shall provide the person or establishment written notice and
  5 27 the opportunity to request a hearing.  The hearing must be
  5 28 requested within thirty days after receipt of the notice and
  5 29 shall be conducted in the same manner as provided for
  5 30 disciplinary proceedings involving a licensee under this
  5 31 chapter.
  5 32    5.  The board may request the attorney general to bring an
  5 33 action to enforce the subpoena.
  5 34    6.  A person or establishment aggrieved by the issuance of
  5 35 an order or the imposition of a civil penalty under this
  6  1 section may seek judicial review pursuant to section 17A.19.
  6  2    7.  If a person or establishment fails to pay a civil
  6  3 penalty within thirty days after entry of an order imposing
  6  4 the civil penalty, or, if the order is stayed pending an
  6  5 appeal, within ten days after the court enters a final
  6  6 judgment in favor of the board, the board shall notify the
  6  7 attorney general.  The attorney general may commence an action
  6  8 to recover the amount of the penalty, including reasonable
  6  9 attorney fees and costs.
  6 10    8.  An action to enforce an order under this section may be
  6 11 joined with an action for an injunction pursuant to section
  6 12 147.83.
  6 13    9.  The board, in its discretion and in lieu of issuing or
  6 14 enforcing an order or imposing a civil penalty for an initial
  6 15 violation under this section, may enter into a consent
  6 16 agreement with a violator, or with a person who aided or
  6 17 abetted a violator, which acknowledges the violation and the
  6 18 violator's agreement to refrain from any further violation.
  6 19                           EXPLANATION
  6 20    This bill provides for a number of technical and
  6 21 substantive changes regarding programs under the purview of
  6 22 the department of public health.
  6 23    The bill provides for the establishment of a gifts and
  6 24 grants fund, and provides that the department is authorized to
  6 25 accept gifts, grants, or allotments of funds from any source
  6 26 to be used for programs the department is authorized to
  6 27 administer.  The bill provides that the fund shall consist of
  6 28 gift or grant moneys obtained from any source, including the
  6 29 federal government, and that the moneys are appropriated to
  6 30 the department for the public health purposes specified in the
  6 31 gift or grant.  The bill provides that moneys in the fund
  6 32 shall not be subject to appropriation or expenditure for any
  6 33 other purpose, and shall not revert to the general fund.
  6 34    The bill provides for changes in funding provisions
  6 35 concerning the childhood lead poisoning prevention grant
  7  1 program.  The bill provides for the deletion of language
  7  2 currently providing for funding of $3 by the state for every
  7  3 $1 provided locally for the first two years of a program,
  7  4 changing to a dollar=for=dollar basis thereafter if determined
  7  5 necessary.  Instead, the bill provides that the department may
  7  6 also use federal, state, or other funds provided for the
  7  7 childhood lead poisoning prevention program to purchase
  7  8 environmental and blood testing services from a public health
  7  9 laboratory; and deletes the word "matching" with regard to
  7 10 funding provided through the program.
  7 11    The bill provides, with reference to the radon testing and
  7 12 abatement program contained in Code chapter 136B, that the
  7 13 department shall establish programs and adopt rules relating
  7 14 to construction standards for radon abatement systems.  The
  7 15 bill also provides that inspections and testing of premises as
  7 16 a spot=check of radon contamination, currently conducted by
  7 17 the Iowa department of public health, may be performed either
  7 18 by the department or its duly authorized agents.
  7 19    The bill provides employment protection provisions relating
  7 20 to individuals complying with a quarantine or isolation order
  7 21 issued by the department.  The bill provides that an employer
  7 22 shall not discharge an employee, or take or fail to take
  7 23 action regarding an employee's promotion or proposed
  7 24 promotion, or take action to reduce an employee's wages or
  7 25 benefits for actual time worked, due to such compliance, and
  7 26 that an employer who violates these provisions commits a
  7 27 simple misdemeanor.  The bill also provides that employees
  7 28 shall be entitled to recover damages from an employer
  7 29 including, and may petition the court for, imposition of a
  7 30 cease and desist order against an employer and for
  7 31 reinstatement to their previous position of employment.
  7 32    The bill provides for changes relating to the definition of
  7 33 "quarantine", clarification that the practice of nursing
  7 34 includes execution of a regimen prescribed by an advanced
  7 35 registered nurse practitioner or physician assistant, and
  8  1 expansion of the amount of postgraduate training for
  8  2 international medical graduates from one year to two years
  8  3 beginning July 1, 2006.  The bill additionally provides for
  8  4 terminology changes regarding engaging in business as a
  8  5 hearing aid dispenser, providing that a license shall be
  8  6 displayed in the person's primary location of practice as
  8  7 opposed to the current requirement of posting in their office
  8  8 or place of business, and characterizing the business as the
  8  9 "practice" of hearing aid dispensing.  The bill provides for
  8 10 an extension of time from six months to one year regarding the
  8 11 duration during which it is permissible for a provisional
  8 12 nursing home administrator to perform such duties prior to
  8 13 obtaining licensure.
  8 14    The bill authorizes the board of mortuary science examiners
  8 15 to impose civil penalties upon a finding of unlicensed
  8 16 practice.  The bill provides that the board may impose a civil
  8 17 penalty upon an unlicensed person or establishment not to
  8 18 exceed $1,000 for each violation of Code chapter 156, and that
  8 19 each day of a continued violation constitutes a separate
  8 20 offense.  The bill provides for board authority to conduct
  8 21 investigations consistent with the provisions of Code section
  8 22 272C.6, imposes notice and hearing requirements, specifies
  8 23 factors to consider regarding determination by the board of
  8 24 the amount of a civil penalty to be imposed, and includes
  8 25 other provisions related to board authority to act in
  8 26 unlicensed practice situations.
  8 27 LSB 5217HV 80
  8 28 rn/cf/24