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 providesmatchingfederal, 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 7matchingfunding 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 inbuildings and forbuildings, 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 5communicablequarantinable 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 acommunicablequarantinable 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'soffice or place of 4 15 businessprimary 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 tooperate a businesspractice 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 exceedsix monthsone 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