House File 630
HOUSE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO HSB 291)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to technical amendments with regard to programs
2 under the authority of the department of public health.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 3168HV 80
5 rn/cf/24
PAG LIN
1 1 Section 1. Section 135.105A, Code 2003, is amended to read
1 2 as follows:
1 3 135.105A LEAD INSPECTOR AND LEAD ABATER TRAINING AND
1 4 CERTIFICATION ESTABLISHED == CIVIL PENALTY.
1 5 1. The department shall establish a program for the
1 6 training and certification of lead inspectors and lead
1 7 abaters. The department shall maintain a listing, available
1 8 to the public and to city and county health departments, of
1 9 lead inspector and lead abater training programs that have
1 10 been approved by the department, and of lead inspectors and
1 11 lead abaters who have successfully completed the training
1 12 program and have been certified by the department. A person
1 13 may be certified as both a lead inspector and a lead abater.
1 14 However, a person who is certified as both a lead inspector
1 15 and a lead abater shall not provide both inspection and
1 16 abatement services at the same site unless a written consent
1 17 or waiver, following full disclosure by the person, is
1 18 obtained from the owner or manager of the site.
1 19 2. The department shall also establish a program for the
1 20 training of painting, demolition, and remodeling contractors
1 21 and those who provide mitigation control services conduct
1 22 interim controls of lead=based paint hazards. The training
1 23 shall be completed on a voluntary basis.
1 24 3. A person who owns real property which includes a
1 25 residential dwelling and who performs lead inspection or lead
1 26 abatement of the residential dwelling is not required to
1 27 obtain certification to perform these measures, unless the
1 28 residential dwelling is occupied by a person other than the
1 29 owner or a member of the owner's immediate family while the
1 30 measures are being performed. However, the department shall
1 31 encourage property owners who are not required to be certified
1 32 to complete the training course to ensure the use of
1 33 appropriate and safe mitigation inspection and abatement
1 34 procedures.
1 35 4. Except as otherwise provided in this section, a person
2 1 shall not perform lead abatement or lead inspections unless
2 2 the person has completed a training program approved by the
2 3 department and has obtained certification. All lead abatement
2 4 and lead inspections, and lead inspector and lead abater
2 5 training programs, shall be performed and conducted in
2 6 accordance with work practice standards established by the
2 7 department. A person shall not conduct a training program for
2 8 lead inspectors or lead abaters unless the program has been
2 9 submitted to and approved by the department. A person who
2 10 violates this section is subject to a civil penalty not to
2 11 exceed five thousand dollars for each offense.
2 12 5. The department shall adopt rules regarding minimum
2 13 requirements for training programs, certification, work
2 14 practice standards, and suspension and revocation
2 15 requirements, and shall implement the training and
2 16 certification programs. The department shall seek federal
2 17 funding and shall establish fees in amounts sufficient to
2 18 defray the cost of the programs. Fees received shall be
2 19 considered repayment receipts as defined in section 8.2.
2 20 Sec. 2. Section 136C.10, Code 2003, is amended by adding
2 21 the following new unnumbered paragraph:
2 22 NEW UNNUMBERED PARAGRAPH. The department may establish and
2 23 collect a fee related to transporting hazardous material if
2 24 the fee is used for a purpose related to transporting
2 25 hazardous material, including enforcement and planning,
2 26 developing, and maintaining a capability for emergency
2 27 response. The fees shall be established by rules adopted
2 28 pursuant to chapter 17A, and shall be deposited into a special
2 29 fund within the state treasury under the exclusive authority
2 30 of the department. Amounts deposited in the special fund
2 31 shall be considered repayment receipts as defined in section
2 32 8.2, and shall not be transferred, used, obligated,
2 33 appropriated, or otherwise encumbered except as provided in
2 34 this section. Repayment receipts collected and deposited
2 35 pursuant to this section that remain unencumbered or
3 1 unobligated at the close of the fiscal year shall not revert
3 2 but shall remain available for expenditure for the purposes
3 3 designated in future fiscal years.
3 4 Sec. 3. Section 147.153, subsection 2, Code 2003, is
3 5 amended to read as follows:
3 6 2. For a license as an audiologist:
3 7 a. Possess a master's degree or its equivalent from an
3 8 accredited school, college or university with a major in
3 9 audiology.
3 10 b. Show evidence of completion of not less than three
3 11 hundred hours of supervised clinical training in audiology as
3 12 a student in an accredited school, college or university.
3 13 c. Show evidence of completion of not less than nine
3 14 months clinical experience under the supervision of a licensed
3 15 audiologist following the receipt of the master's degree.
3 16 d. In lieu of paragraphs "a" through "c", hold a doctoral
3 17 degree in audiology, or its equivalent, from an accredited
3 18 school, college, or university which incorporates the academic
3 19 coursework and the minimum hours of supervised training
3 20 required by rules adopted by the board.
3 21 Sec. 4. Section 148.10, unnumbered paragraphs 2 and 3,
3 22 Code 2003, are amended by striking the unnumbered paragraphs
3 23 and inserting in lieu thereof the following:
3 24 The temporary certificate shall be issued for a period not
3 25 to exceed one year and may be renewed, but a person shall not
3 26 practice medicine and surgery or osteopathic medicine and
3 27 surgery in excess of three years while holding a temporary
3 28 certificate. The fee for this license and the fee for renewal
3 29 of this license shall be set by the medical examiners. The
3 30 fees shall be based on the administrative costs of issuing and
3 31 renewing the licenses.
3 32 Sec. 5. Section 148B.5, subsection 3, Code 2003, is
3 33 amended by striking the subsection and inserting in lieu
3 34 thereof the following:
3 35 3. Pass an examination, either in electronic or written
4 1 form, satisfactory to the board and in accordance with rules.
4 2 Sec. 6. Section 151.12, Code 2003, is amended to read as
4 3 follows:
4 4 151.12 TEMPORARY CERTIFICATE.
4 5 The chiropractic examiners may, in their discretion, issue
4 6 a temporary certificate authorizing the licensee to practice
4 7 chiropractic if, in the opinion of the chiropractic examiners,
4 8 a need exists and the person possesses the qualifications
4 9 prescribed by the chiropractic examiners for the license,
4 10 which shall be substantially equivalent to those required for
4 11 licensure under this chapter. The chiropractic examiners
4 12 shall determine in each instance those eligible for this
4 13 license, whether or not examinations shall be given, and the
4 14 type of examinations. No requirements of the law pertaining
4 15 to regular permanent licensure are mandatory for this
4 16 temporary license except as specifically designated by the
4 17 chiropractic examiners. The granting of a temporary license
4 18 does not in any way indicate that the person so licensed is
4 19 eligible for regular licensure, nor are the chiropractic
4 20 examiners in any way obligated to so license the person.
4 21 The temporary certificate shall be issued for one year and
4 22 at the discretion of the chiropractic examiners may be
4 23 renewed, but a person shall not practice chiropractic in
4 24 excess of three years while holding a temporary certificate.
4 25 The fee for this license shall be set by the chiropractic
4 26 examiners and if extended beyond one year a renewal fee per
4 27 year shall be set by the chiropractic examiners. The fees
4 28 shall be based on the administrative costs of issuing and
4 29 renewing the licenses. The chiropractic examiners may cancel
4 30 a temporary certificate at any time, without a hearing, for
4 31 reasons deemed sufficient to the chiropractic examiners.
4 32 When the chiropractic examiners cancel a temporary
4 33 certificate they shall promptly notify the licensee by
4 34 registered mail, at the licensee's last=named address, as
4 35 reflected by the files of the chiropractic examiners, and the
5 1 temporary certificate is terminated and of no further force
5 2 and effect three days after the mailing of the notice to the
5 3 licensee.
5 4 Sec. 7. Section 153.19, subsection 2, Code 2003, is
5 5 amended to read as follows:
5 6 2. A temporary permit shall be issued for a period
5 7 determined by the board and may be renewed at the discretion
5 8 of the board. The fee for a temporary permit and the fee for
5 9 renewal shall be set by the board. The fees shall be based on
5 10 the administrative costs of issuing and renewing the permits.
5 11 The board may revoke a temporary permit at any time, without a
5 12 hearing, for reasons deemed sufficient by the board.
5 13 Sec. 8. Section 153.19, subsection 3, Code 2003, is
5 14 amended by striking the subsection.
5 15 Sec. 9. Section 155A.3, Code 2003, is amended by adding
5 16 the following new subsection:
5 17 NEW SUBSECTION. 15A. "Electronic signature" means a
5 18 confidential personalized digital key, code, or number used
5 19 for secure electronic transmissions which identifies and
5 20 authenticates the signatory.
5 21 Sec. 10. Section 155A.37, subsection 4, Code 2003, is
5 22 amended to read as follows:
5 23 4. The board shall establish a procedure for receiving and
5 24 investigating complaints of violations of this code. The
5 25 board shall investigate all complaints of violations. The
5 26 results of an investigation shall be forwarded to the
5 27 complainant.
5 28 EXPLANATION
5 29 This bill provides for various changes in connection with
5 30 programs under the authority of the Iowa department of public
5 31 health.
5 32 The bill provides that the department shall maintain a
5 33 listing of lead abater and lead inspector training programs,
5 34 and that lead abatements, lead inspections, and lead inspector
5 35 and lead abater training programs shall be performed and
6 1 conducted in accordance with work practice standards
6 2 established by the department. The bill provides that a
6 3 person shall not conduct a training program for lead
6 4 inspectors or lead abaters unless the program has been
6 5 submitted to and approved by the department. The bill
6 6 provides for the adoption of rules regarding minimum
6 7 requirements for training programs, certification, work
6 8 practice standards, and suspension and revocation
6 9 requirements, that the department shall implement the training
6 10 and certification programs, and that the department shall seek
6 11 federal funding and shall establish fees in amounts sufficient
6 12 to defray the cost of the programs.
6 13 The bill provides that the department may establish and
6 14 collect a fee related to transporting hazardous material if
6 15 the fee is used for a purpose related to transporting
6 16 hazardous material, including enforcement and planning,
6 17 developing, and maintaining a capability for emergency
6 18 response.
6 19 The bill provides that an applicant for a license as an
6 20 audiologist may hold, as an alternative to a master's degree
6 21 or its equivalent with a major in audiology, a doctoral degree
6 22 in audiology, or its equivalent, from an accredited
6 23 educational institution which incorporates the academic
6 24 coursework and the minimum hours of supervised training
6 25 required by rules adopted by the board.
6 26 The bill deletes provisions which had permitted the boards
6 27 of medical examiners, dental examiners, and chiropractic
6 28 examiners to cancel a temporary certificate to practice or a
6 29 temporary permit without due process. The bill provides that
6 30 the occupational therapy and occupational therapist
6 31 examination may be taken either in electronic or written form
6 32 without limitation as to how frequently the examination may be
6 33 administered.
6 34 The bill provides a definition of "electronic signature"
6 35 for purposes of electronic transmission of prescription drug
7 1 orders. The bill defines "electronic signature" to mean a
7 2 confidential personalized digital key, code, or number used
7 3 for secure electronic transmissions which identifies and
7 4 authenticates the signatory.
7 5 The bill provides for the deletion of provisions regarding
7 6 the requirement that results of an investigation of a board of
7 7 pharmacy examiners employee for alleged violation of the
7 8 board's code of professional responsibility shall be forwarded
7 9 to the complainant in favor of provisions contained in Code
7 10 section 22.7, subsection 11, dealing with confidentiality or
7 11 release of personnel and investigative information.
7 12 LSB 3168HV 80
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