House File 2738 - Introduced
HOUSE FILE
BY COMMITTEE ON HUMAN RESOURCES
(SUCCESSOR TO HSB 647)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to programs and functions under the purview of
2 the Iowa department of public health.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5319HV 81
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PAG LIN
1 1 Section 1. Section 135.2, Code 2005, is amended to read as
1 2 follows:
1 3 135.2 APPOINTMENT OF DIRECTOR AND ACTING DIRECTOR.
1 4 1. a. The governor shall appoint the director of the
1 5 department, subject to confirmation by the senate. The
1 6 director shall serve at the pleasure of the governor. The
1 7 director is exempt from the merit system provisions of chapter
1 8 8A, subchapter IV. The governor shall set the salary of the
1 9 director within the range established by the general assembly.
1 10 b. The director shall possess education and experience in
1 11 public health.
1 12 2. The director may appoint an employee of the department
1 13 to be acting director, who shall have all the powers and
1 14 duties possessed by the director. The director may appoint
1 15 more than one acting director but only one acting director
1 16 shall exercise the powers and duties of the director at any
1 17 time.
1 18 Sec. 2. NEW SECTION. 135.12 OFFICE OF MULTICULTURAL
1 19 HEALTH == ESTABLISHED == DUTIES.
1 20 The office of multicultural health is established within
1 21 the department. The office shall be responsible for all of
1 22 the following:
1 23 1. Providing comprehensive management strategies to
1 24 address culturally and linguistically appropriate services,
1 25 including strategic goals, plans, policies, and procedures,
1 26 and designating staff responsible for implementation.
1 27 2. Requiring and arranging for ongoing education and
1 28 training for administrative, clinical, and other appropriate
1 29 staff in culturally and linguistically competent health care
1 30 and service delivery.
1 31 3. Utilizing formal mechanisms for community and consumer
1 32 involvement and coordinating with other state agencies to
1 33 identify resources and programs that affect the health service
1 34 delivery systems.
1 35 Sec. 3. Section 135.63, subsection 2, paragraphs l and o,
2 1 Code 2005, are amended to read as follows:
2 2 l. The replacement or modernization of any institutional
2 3 health facility if the replacement or modernization does not
2 4 add new health services or additional bed capacity for
2 5 existing health services, notwithstanding any provision in
2 6 this division to the contrary. This exclusion is applicable
2 7 only if the institutional health facility ceases offering the
2 8 health services simultaneously with the initiation of the
2 9 offering of the health services by the replacement
2 10 institutional health facility or the modernized institutional
2 11 health facility.
2 12 o. The change in ownership, licensure, organizational
2 13 structure, or designation of the type of institutional health
2 14 facility if the health services offered by the successor
2 15 institutional health facility are unchanged. This exclusion
2 16 is applicable only if the institutional health facility
2 17 consents to the change in ownership, licensure, organizational
2 18 structure, or designation of the type of institutional health
2 19 facility and ceases offering the health services
2 20 simultaneously with the initiation of the offering of health
2 21 services by the successor institutional health facility.
2 22 Sec. 4. Section 135.140, subsection 6, paragraph a, Code
2 23 Supplement 2005, is amended by adding the following new
2 24 subparagraphs:
2 25 NEW SUBPARAGRAPH. (6) A natural occurrence or incident,
2 26 including but not limited to fire, flood, storm, drought,
2 27 earthquake, tornado, or windstorm.
2 28 NEW SUBPARAGRAPH. (7) A man=made occurrence or incident,
2 29 including but not limited to an attack, spill, or explosion.
2 30 Sec. 5. NEW SECTION. 136D.5 LIMITATION == MINORS.
2 31 A tanning facility shall prohibit access to a tanning
2 32 device by children younger than fifteen years of age, and
2 33 shall permit access to a tanning device by children fifteen
2 34 through seventeen years of age only when parental consent has
2 35 been obtained prior to utilization of the tanning device. The
3 1 department shall by rule establish procedures relating to age
3 2 verification by tanning facility personnel, and the form and
3 3 manner in which parental consent shall be obtained and
3 4 verified. The rules shall require that a tanning facility
3 5 post a sign in a conspicuous location readily visible to
3 6 persons entering the facility, and a sign for each tanning
3 7 device in a conspicuous location readily visible to a person
3 8 preparing to use the device, clearly indicating the age
3 9 restrictions and parental consent requirements.
3 10 Sec. 6. 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 employee whose employer violates this section may
3 19 petition the court for imposition of a cease and desist order
3 20 against the person's employer and for reinstatement to the
3 21 person's previous position of employment. This section does
3 22 not create a private cause of action for relief of money
3 23 damages.
3 24 Sec. 7. Section 147.82, subsection 3, Code Supplement
3 25 2005, is amended to read as follows:
3 26 3. The department may annually retain and expend not more
3 27 than one hundred thousand dollars for reduction of the number
3 28 of days necessary to process medical license requests and for
3 29 reduction of the number of days needed for consideration of
3 30 malpractice cases from fees collected pursuant to section
3 31 147.80 by the board of medical examiners in the fiscal year
3 32 beginning July 1, 2005, and ending June 30, 2006. Fees
3 33 retained by the department pursuant to this subsection shall
3 34 be considered repayment receipts as defined in section 8.2 and
3 35 shall be used for the purposes described in this subsection.
4 1 Sec. 8. Section 148.2, subsection 5, Code 2005, is amended
4 2 to read as follows:
4 3 5. Physicians and surgeons of the United States army,
4 4 navy, or air force, marines, public health service, or other
4 5 uniformed service when acting in the line of duty in this
4 6 state, and holding a current, active permanent license in good
4 7 standing in another state, district, or territory of the
4 8 United States, or physicians and surgeons licensed in another
4 9 state, when incidentally called into this state in
4 10 consultation with a physician and surgeon licensed in this
4 11 state.
4 12 Sec. 9. NEW SECTION. 154E.3A TEMPORARY LICENSE.
4 13 Beginning July 1, 2007, an individual who does not meet the
4 14 requirements for licensure by examination pursuant to section
4 15 154E.3 may apply for or renew a temporary license. The
4 16 temporary license shall authorize the licensee to practice as
4 17 a sign language interpreter or transliterator under the direct
4 18 supervision of a sign language interpreter or transliterator
4 19 licensed pursuant to section 154E.3. The temporary license
4 20 shall be valid for two years and may only be renewed one time
4 21 in accordance with standards established by rule. An
4 22 individual shall not practice for more than a total of four
4 23 years under a temporary license. The board may revoke a
4 24 temporary license if it determines that the temporary licensee
4 25 has violated standards established by rule. The board may
4 26 adopt requirements for temporary licensure to implement this
4 27 section.
4 28 Sec. 10. Section 154E.4, subsection 2, Code Supplement
4 29 2005, is amended by adding the following new paragraph:
4 30 NEW PARAGRAPH. e. Students enrolled in a school of
4 31 interpreting may interpret only under the direct supervision
4 32 of a permanently licensed interpreter as part of the student's
4 33 course of study.
4 34 Sec. 11. Section 157.13, subsection 1, Code Supplement
4 35 2005, is amended by striking the subsection and inserting in
5 1 lieu thereof the following:
5 2 1. It is unlawful for a person to employ an individual to
5 3 practice cosmetology arts and sciences unless that individual
5 4 is licensed or has obtained a temporary permit under this
5 5 chapter. It is unlawful for a licensee to practice with or
5 6 without compensation in any place other than a licensed salon,
5 7 a licensed school of cosmetology arts and sciences, or a
5 8 licensed barbershop as defined in section 158.1. The
5 9 following exceptions to this subsection shall apply:
5 10 a. A licensee may practice at a location which is not a
5 11 licensed salon, school of cosmetology arts and sciences, or
5 12 licensed barbershop under extenuating circumstances arising
5 13 from physical or mental disability or death of a customer.
5 14 b. Notwithstanding section 157.12, when the licensee is
5 15 employed by a physician and provides cosmetology services at
5 16 the place of practice of a physician and is under the
5 17 supervision of a physician licensed to practice pursuant to
5 18 chapter 148, 150, or 150A.
5 19 c. When the practice occurs in a facility licensed
5 20 pursuant to chapter 135B or 135C.
5 21 Sec. 12. Section 157.13, Code Supplement 2005, is amended
5 22 by adding the following new subsection:
5 23 NEW SUBSECTION. 1A. It is unlawful for a licensee to
5 24 claim to be a licensed barber, however a licensed
5 25 cosmetologist may work in a licensed barbershop. It is
5 26 unlawful for a person to employ a licensed cosmetologist,
5 27 esthetician, or electrologist to perform the services
5 28 described in section 157.3A if the licensee has not received
5 29 the additional training and met the other requirements
5 30 specified in section 157.3A.
5 31 Sec. 13. Section 272C.1, subsection 6, Code Supplement
5 32 2005, is amended by adding the following new paragraph:
5 33 NEW PARAGRAPH. ad. The director of public health in
5 34 certifying emergency medical care providers and emergency
5 35 medical care services pursuant to chapter 147A.
6 1 Sec. 14. Section 691.6, Code Supplement 2005, is amended
6 2 by adding the following new subsection:
6 3 NEW SUBSECTION. 8. To retain tissues, organs, and bodily
6 4 fluids as necessary to determine the cause and manner of death
6 5 or as deemed advisable by the state medical examiner for
6 6 medical or public health investigation, teaching, or research.
6 7 Tissues, organs, and bodily fluids shall be properly disposed
6 8 of by following procedures and precautions for handling
6 9 biologic material and blood=borne pathogens as established by
6 10 rule.
6 11 Sec. 15. 2004 Iowa Acts, chapter 1175, section 432,
6 12 subsection 3, is amended to read as follows:
6 13 3. Applicants issued a temporary license pursuant to this
6 14 section shall pass a licensure examination approved by the
6 15 board on or before July 1, 2007, in order to remain licensed
6 16 as an interpreter qualify to be licensed by examination.
6 17 EXPLANATION
6 18 This bill modifies several provisions relating to programs
6 19 and functions under the purview of the Iowa department of
6 20 public health.
6 21 The bill provides for the appointment of one or more acting
6 22 directors by the director of the department who may exercise
6 23 the powers and duties of the director.
6 24 The bill amends two current exceptions to the certificate
6 25 of need program requirement that approval be obtained prior to
6 26 offering certain new or changed institutional health services.
6 27 With regard to the exception relating to replacement or
6 28 modernization of an institutional health facility if the
6 29 replacement or modernization does not add new health services
6 30 or additional bed capacity for existing health services, the
6 31 bill provides that the exclusion applies only if the health
6 32 facility ceases offering the health services simultaneously
6 33 with the initiation of the offering of the health services by
6 34 the replacement institutional health facility or the
6 35 modernized institutional health facility. With regard to the
7 1 exception relating to a change in ownership, licensure,
7 2 organizational structure, or designation of the type of
7 3 institutional health facility if the health services offered
7 4 by the successor institutional health facility are unchanged,
7 5 the bill provides that the exclusion applies only if the
7 6 health facility consents to the change and ceases offering the
7 7 health services simultaneously with the initiation of the
7 8 offering of the health services by the successor institutional
7 9 health facility.
7 10 The bill amends the definition of a public health disaster
7 11 to include a natural or man=made disaster event, and creates a
7 12 new office of multicultural health to address the provision of
7 13 culturally and linguistically competent health care and
7 14 service delivery. The bill also establishes employment
7 15 protection in the event of an isolation or quarantine order
7 16 issued by the department.
7 17 The bill provides new restrictions regarding use of tanning
7 18 devices, specifying that a tanning facility shall prohibit
7 19 children under the age of 15 from using such devices, and
7 20 permit children ages 15 through 17 to use them only with
7 21 parental consent.
7 22 The bill adds the military service branches of the air
7 23 force and marines, and a general category of other uniformed
7 24 service personnel to the categories of military or public
7 25 health service physicians or surgeons who, when acting in the
7 26 line of duty in Iowa, need not be licensed in this state as a
7 27 physician or surgeon, provided that a current, active license
7 28 in another state is possessed.
7 29 The bill also makes provision for a temporary license to
7 30 practice as a sign language interpreter or transliterator
7 31 under the direct supervision of a licensed sign language
7 32 interpreter or transliterator in this state for a specified
7 33 duration, and adds an exception to license requirements for
7 34 students working under the direct supervision of a licensed
7 35 interpreter.
8 1 With regard to prohibitions against the practice of
8 2 cosmetology arts and sciences in a place other than a licensed
8 3 salon, licensed school of cosmetology arts and sciences, or
8 4 licensed barbershop, the bill provides that the prohibition
8 5 does not apply when a licensee is employed by a licensed
8 6 physician and provides cosmetology services at the place of
8 7 practice of a physician and is under the supervision of a
8 8 physician, or when the practice occurs at a hospital or health
8 9 care facility. The bill adds certification of emergency
8 10 medical care providers and emergency medical care services
8 11 pursuant to Code chapter 147A by the director of the
8 12 department to the list of boards or activities governed by the
8 13 professional licensing standards imposed by Code chapter 272C.
8 14 Additionally, the bill provides for the authority of the
8 15 office of the state medical examiner to retain tissues,
8 16 organs, and bodily fluids as necessary to determine the cause
8 17 and manner of death, or as deemed advisable by the state
8 18 medical examiner for medical or public health investigation,
8 19 teaching, or research.
8 20 LSB 5319HV 81
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