House File 789 - Introduced
HOUSE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO HSB 225)
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 1161HV 81
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PAG LIN
1 1 Section 1. Section 29C.20, subsection 1, paragraph a,
1 2 subparagraph (5), Code 2005, is amended to read as follows:
1 3 (5) Paying the expenses incurred by and claims of an urban
1 4 search and rescue team when acting under the authority of the
1 5 administrator and the provisions of section 29C.6 and disaster
1 6 medical assistance teams public health response teams when
1 7 acting under the provisions of section 135.143.
1 8 Sec. 2. Section 135.11, subsection 16, Code 2005, is
1 9 amended to read as follows:
1 10 16. Administer the statewide public health nursing,
1 11 homemaker=home health aide, and senior health programs by
1 12 approving grants of state funds to the local boards of health
1 13 and the county boards of supervisors and by providing
1 14 guidelines for the approval of the grants and allocation of
1 15 the state funds. Program direction, evaluation requirements,
1 16 and formula allocation procedures for each of the programs
1 17 shall be established by the department by rule, consistent
1 18 with 1997 Iowa Acts, chapter 203, section 5.
1 19 Sec. 3. Section 135.11, Code 2005, is amended by adding
1 20 the following new subsection:
1 21 NEW SUBSECTION. 30. Establish and administer, if
1 22 sufficient funds are available to the department, a program to
1 23 assess and forecast health workforce supply and demand in the
1 24 state for the purpose of identifying current and projected
1 25 workforce needs. The program may collect, analyze, and report
1 26 data that furthers the purpose of the program. The program
1 27 shall not release information that permits identification of
1 28 individual respondents of program surveys.
1 29 Sec. 4. Section 135.22A, subsection 7, Code 2005, is
1 30 amended to read as follows:
1 31 7. The department is designated as Iowa's lead agency for
1 32 brain injury. The council is assigned to the department for
1 33 administrative purposes. The director shall be responsible
1 34 for budgeting, program coordination, and related management
1 35 functions.
2 1 Sec. 5. Section 135.140, subsection 5, Code 2005, is
2 2 amended to read as follows:
2 3 5. "Disaster medical assistance team" or "DMAT" "Public
2 4 health response team" means a team of professionals, including
2 5 licensed health care providers, nonmedical professionals
2 6 skilled and trained in disaster or emergency response, and
2 7 public health practitioners, which is sponsored by a hospital
2 8 or other entity and approved by the department to provide
2 9 disaster medical assistance in the event of a disaster or
2 10 threatened disaster.
2 11 Sec. 6. Section 135.140, subsection 6, Code 2005, is
2 12 amended to read as follows:
2 13 6. "Division" means the division of epidemiology,
2 14 emergency medical services, and disaster operations acute
2 15 disease prevention and emergency response of the department.
2 16 Sec. 7. Section 135.141, subsection 1, Code 2005, is
2 17 amended to read as follows:
2 18 1. A division of epidemiology, emergency medical services,
2 19 and disaster operations acute disease prevention and emergency
2 20 response is established within the department. The division
2 21 shall coordinate the administration of this division of this
2 22 chapter with other administrative divisions of the department
2 23 and with federal, state, and local agencies and officials.
2 24 Sec. 8. Section 135.143, Code 2005, is amended to read as
2 25 follows:
2 26 135.143 DISASTER MEDICAL ASSISTANCE TEAMS PUBLIC HEALTH
2 27 RESPONSE TEAMS.
2 28 1. The department shall approve disaster medical
2 29 assistance public health response teams to supplement and
2 30 support disrupted or overburdened local medical and public
2 31 health personnel, hospitals, and resources at or near the site
2 32 of a disaster or threatened disaster by providing direct
2 33 medical care to victims or by providing other support
2 34 services. Assistance shall be rendered under the following
2 35 circumstances:
3 1 a. At or near the site of a disaster or threatened
3 2 disaster by providing direct medical care to victims or
3 3 providing other support services.
3 4 b. If local medical or public health personnel or
3 5 hospitals request the assistance of a public health response
3 6 team to provide direct medical care to victims or to provide
3 7 other support services in relation to any of the following
3 8 incidents:
3 9 (1) During an incident resulting from a novel or
3 10 previously controlled or eradicated infectious agent, disease,
3 11 or biological toxin.
3 12 (2) After a chemical attack or accidental chemical
3 13 release.
3 14 (3) After an intentional or accidental release of
3 15 radioactive material.
3 16 (4) In response to a nuclear or radiological attack or
3 17 accident.
3 18 (5) Where an incident poses a high probability of a large
3 19 number of deaths or long=term disabilities in the affected
3 20 population.
3 21 2. A member of a disaster medical assistance public health
3 22 response team acting pursuant to this division of this chapter
3 23 shall be considered an employee of the state under section
3 24 29C.21 and chapter 669, shall be afforded protection as an
3 25 employee of the state under section 669.21, and shall be
3 26 considered an employee of the state for purposes of workers'
3 27 compensation, disability, and death benefits, provided that
3 28 the member has done all of the following:
3 29 a. Registered with and received approval to serve on a
3 30 disaster medical assistance public health response team from
3 31 the department.
3 32 b. Provided direct medical care to a victim of a disaster
3 33 or provided other support services during a disaster or other
3 34 support services during a disaster, threatened disaster, or
3 35 other incident described in subsection 1; or participated in a
4 1 training exercise to prepare for a disaster or other incident
4 2 described in subsection 1.
4 3 3. The department shall provide the department of
4 4 administrative services with a list of individuals who have
4 5 registered with and received approval from the department to
4 6 serve on a disaster medical assistance public health response
4 7 team. The department shall update the list on a quarterly
4 8 basis, or as necessary for the department of administrative
4 9 services to determine eligibility for coverage.
4 10 4. Upon notification of a compensable loss, the department
4 11 of administrative services shall seek funding from the
4 12 executive council for those costs associated with covered
4 13 workers' compensation benefits.
4 14 Sec. 9. NEW SECTION. 139A.8A VACCINE SHORTAGE ==
4 15 DEPARTMENT ORDER == IMMUNITY.
4 16 1. In the event of a shortage of a vaccine, or in the
4 17 event a vaccine shortage is imminent, the department may issue
4 18 an order controlling, restricting, or otherwise regulating the
4 19 distribution and administration of the vaccine. The order may
4 20 designate groups of persons which shall receive priority in
4 21 administration of the vaccine and may prohibit vaccination of
4 22 persons who are not included in a priority designation. The
4 23 order shall include an effective date, which may be amended or
4 24 rescinded only through a written order of the department. The
4 25 order shall be applicable to health care providers, hospitals,
4 26 clinics, pharmacies, health care facilities, local boards of
4 27 health, public health agencies, and other persons or entities
4 28 that distribute or administer vaccines.
4 29 2. A health care provider, hospital, clinic, pharmacy,
4 30 health care facility, local board of health, public health
4 31 agency, or other person or entity that distributes or
4 32 administers vaccines shall not be civilly liable in any action
4 33 based on a failure or refusal to distribute or administer a
4 34 vaccine to any person if the failure or refusal to distribute
4 35 or administer the vaccine was consistent with a department
5 1 order issued pursuant to this section.
5 2 3. The department shall adopt rules to administer this
5 3 section.
5 4 Sec. 10. Section 142C.15, subsection 4, paragraph a, Code
5 5 2005, is amended to read as follows:
5 6 a. Not more than twenty percent of the moneys in the fund
5 7 annually may be expended in the form of grants to state
5 8 agencies or to nonprofit legal entities with an interest in
5 9 anatomical gift public awareness and transplantation to
5 10 conduct public awareness projects or to research and develop a
5 11 statewide organ and tissue donor registry. Moneys remaining
5 12 that were not requested and awarded for public awareness
5 13 projects may be used for research, or to develop and support a
5 14 statewide organ and tissue donor registry. Grants shall be
5 15 made based upon the submission of a grant application by an
5 16 agency or entity to conduct a public awareness project or to
5 17 research, and develop, and support a statewide organ and
5 18 tissue donor registry.
5 19 Sec. 11. Section 144.23, subsection 1, Code 2005, is
5 20 amended to read as follows:
5 21 1. An adoption certificate report as provided in section
5 22 144.19, or a certified copy of the decree of adoption together
5 23 with the information necessary to identify the original
5 24 certificate of birth and to establish a new certificate of
5 25 birth; except that a new certificate of birth shall not be
5 26 established if so requested by the court decreeing the
5 27 adoption, the adoptive parents, or the adopted person.
5 28 Sec. 12. Section 144.40, Code 2005, is amended to read as
5 29 follows:
5 30 144.40 PATERNITY OF CHILDREN == BIRTH CERTIFICATES.
5 31 Upon request and receipt of an affidavit of paternity
5 32 completed and filed pursuant to section 252A.3A, or a
5 33 certified copy or notification by the clerk of court of a
5 34 court or administrative order establishing paternity, the
5 35 state registrar shall amend establish a new certificate of
6 1 birth to show paternity if paternity is not shown on the birth
6 2 certificate. Upon written request of the parents on the
6 3 affidavit of paternity, the surname of the child may be
6 4 changed on the certificate to that of the father. The
6 5 certificate shall not be marked "amended". The original
6 6 certificate and supporting documentation shall be maintained
6 7 in a sealed file; however, a photocopy of the paternity
6 8 affidavit filed pursuant to section 252A.3A and clearly
6 9 labeled as a copy may be provided to a parent named on the
6 10 affidavit of paternity.
6 11 Sec. 13. Section 148.12, Code 2005, is amended to read as
6 12 follows:
6 13 148.12 VOLUNTARY AGREEMENTS.
6 14 The medical examiners, after due notice and hearing, may
6 15 issue an order to revoke, suspend, or restrict a license to
6 16 practice medicine and surgery, osteopathic medicine and
6 17 surgery, or osteopathy, or to issue a restricted license on
6 18 application if the medical examiners determine that a
6 19 physician licensed to practice medicine and surgery,
6 20 osteopathic medicine and surgery, or osteopathy, or an
6 21 applicant for licensure has entered into a voluntary agreement
6 22 to restrict the practice of medicine and surgery, osteopathic
6 23 medicine and surgery, or osteopathy in another state,
6 24 district, territory, or country, or an agency of the federal
6 25 government. A certified copy of the voluntary agreement shall
6 26 be considered prima facie evidence.
6 27 Sec. 14. Section 152B.5, Code 2005, is amended to read as
6 28 follows:
6 29 152B.5 RESPIRATORY CARE STUDENTS.
6 30 Respiratory care services may be rendered by a student
6 31 enrolled in a respiratory therapy training program when these
6 32 services are incidental to the student's course of study.
6 33 A student enrolled in a respiratory therapy training
6 34 program who is employed in an organized health care system may
6 35 render services defined in sections 152B.2 and 152B.3 under
7 1 the direct and immediate supervision of a respiratory care
7 2 practitioner for a limited period of time as determined by
7 3 rule. The student shall be identified as a "student
7 4 respiratory care practitioner".
7 5 A graduate of an approved respiratory care training program
7 6 employed in an organized health care system may render
7 7 services as defined in sections 152B.2 and 152B.3 under the
7 8 direct and immediate supervision of a respiratory care
7 9 practitioner for one year. The graduate shall be identified
7 10 as a "respiratory care practitioner=licensure applicant".
7 11 Sec. 15. Section 152B.14, Code 2005, is amended to read as
7 12 follows:
7 13 152B.14 LICENSURE THROUGH PRIOR EXAMINATION OR PRACTICE.
7 14 1. The board shall issue a license to practice respiratory
7 15 care to an applicant who, on July 1, 1996, has passed an
7 16 examination administered by the state or a national agency
7 17 approved by the board.
7 18 2. Other applicants who have not passed these examinations
7 19 or their equivalent on July 1, 1996, and who, through written
7 20 evidence, verified by oath, demonstrate that they are
7 21 presently functioning in the capacity of a respiratory care
7 22 practitioner as defined by this chapter, shall be given a
7 23 temporary license to practice respiratory care for a period of
7 24 thirty=six months from July 1, 1996. Such applicants must
7 25 pass a licensure examination administered or approved by the
7 26 board within thirty=six months after July 1, 1996, in order to
7 27 continue to practice respiratory care.
7 28 Sec. 16. Section 154D.2, subsection 1, paragraph b, Code
7 29 2005, is amended to read as follows:
7 30 b. Has at least two years of supervised clinical
7 31 experience or its equivalent as approved by the board in
7 32 consultation with the mental health, mental retardation,
7 33 developmental disabilities, and brain injury commission
7 34 created in section 225C.5. Standards for supervision,
7 35 including the required qualifications for supervisors, shall
8 1 be determined by the board by rule.
8 2 Sec. 17. Section 154D.2, subsection 2, paragraph b, Code
8 3 2005, is amended to read as follows:
8 4 b. Has at least two years of supervised clinical
8 5 experience, supervised by a licensee, in assessing mental
8 6 health needs and problems and in providing appropriate mental
8 7 health services as approved by the board of behavioral science
8 8 examiners in consultation with the mental health, mental
8 9 retardation, developmental disabilities, and brain injury
8 10 commission created in section 225C.5. Standards for
8 11 supervision, including the required qualifications for
8 12 supervisors, shall be determined by the board by rule.
8 13 Sec. 18. Section 156.4, subsection 4, Code 2005, is
8 14 amended to read as follows:
8 15 4. Written examinations for a funeral director's license
8 16 shall be held at least once a year at a time and place to be
8 17 designated by the board. The examination Applicants shall
8 18 pass an examination prescribed by the board, which shall
8 19 include the subjects of funeral directing, burial or other
8 20 disposition of dead human bodies, sanitary science, embalming,
8 21 restorative art, anatomy, public health, transportation,
8 22 business ethics, and such other subjects as the board may
8 23 designate.
8 24 Sec. 19. Section 157.1, subsection 12, paragraph c, Code
8 25 2005, is amended to read as follows:
8 26 c. Removing superfluous hair from the body of a person by
8 27 the use of depilatories, waxing, sugaring, tweezers, or use of
8 28 any certified laser products or intense pulsed light devices.
8 29 This excludes the practice of electrology, whereby hair is
8 30 removed with an electric needle.
8 31 Sec. 20. Section 157.1, subsection 14, Code 2005, is
8 32 amended to read as follows:
8 33 14. "General supervision" means the supervising physician
8 34 is not onsite for laser procedures or use of an intense pulsed
8 35 light device for hair removal conducted on minors, but is
9 1 available for direct communication, either in person or by
9 2 telephone, radio, radiotelephone, television, or similar
9 3 means.
9 4 Sec. 21. Section 157.1, Code 2005, is amended by adding
9 5 the following new subsection:
9 6 NEW SUBSECTION. 15A. "Intense pulsed light device" means
9 7 a device that uses incoherent light to destroy the vein of the
9 8 hair bulb.
9 9 Sec. 22. Section 157.2, Code 2005, is amended by adding
9 10 the following new subsection:
9 11 NEW SUBSECTION. 5. Persons licensed under this chapter
9 12 shall only use intense pulsed light devices for purposes of
9 13 hair removal.
9 14 Sec. 23. Section 157.3, subsection 1, Code 2005, is
9 15 amended to read as follows:
9 16 1. An applicant who has graduated from high school or its
9 17 equivalent shall be issued a license to practice any of the
9 18 cosmetology arts and sciences by the department when the
9 19 applicant satisfies all of the following:
9 20 a. Presents to the department a high school diploma or its
9 21 equivalent.
9 22 b. a. Presents to the department a diploma, or similar
9 23 evidence, issued by a licensed school of cosmetology arts and
9 24 sciences indicating that the applicant has completed the
9 25 course of study for the appropriate practice of the
9 26 cosmetology arts and sciences prescribed by the board. An
9 27 applicant may satisfy this requirement upon presenting a
9 28 diploma or similar evidence issued by a school in another
9 29 state, recognized by the board, which provides instruction
9 30 regarding the practice for which licensure is sought, provided
9 31 that the course of study is equivalent to or greater in length
9 32 and scope than that required for a school in this state, and
9 33 is approved by the board.
9 34 c. b. Completes the application form prescribed by the
9 35 board.
10 1 d. c. Passes an examination prescribed by the board. The
10 2 examination may include both practical demonstrations and
10 3 written or oral tests and shall not be confined to any
10 4 specific system or method. However, a member of the board who
10 5 is a licensed instructor of cosmetology arts and sciences
10 6 shall not be involved in the selection or administration of
10 7 the exam.
10 8 Sec. 24. Section 157.3A, subsection 1, paragraph a, Code
10 9 2005, is amended to read as follows:
10 10 a. A licensed esthetician, who intends to provide services
10 11 pursuant to section 157.1, subsection 12, paragraphs "a" and
10 12 "c", having received additional training on the use of
10 13 microdermabrasion, or a certified laser product, or an intense
10 14 pulsed light device, shall submit a written application and
10 15 proof of additional training and certification for approval by
10 16 the board. Training shall be specific to the service provided
10 17 or certified laser product used.
10 18 Sec. 25. Section 157.3A, subsection 2, paragraph a, Code
10 19 2005, is amended to read as follows:
10 20 a. A licensed cosmetologist having received additional
10 21 training in the use of chemical peels, microdermabrasion, or a
10 22 certified laser product, or an intense pulsed light device for
10 23 hair removal shall submit a written application and proof of
10 24 additional training and certification for approval by the
10 25 board. A cosmetologist who is licensed after July 1, 2005,
10 26 shall not be eligible to provide chemical peels, practice
10 27 microdermabrasion procedures, or use certified laser products,
10 28 or use an intense pulsed light device for hair removal.
10 29 Sec. 26. Section 157.3A, subsection 3, Code 2005, is
10 30 amended to read as follows:
10 31 3. A licensed electrologist having received additional
10 32 training on the use of a certified laser product or an intense
10 33 pulsed light device for the purpose of hair removal shall
10 34 submit a written application and proof of additional training
10 35 and certification for approval by the board.
11 1 Sec. 27. Section 157.3A, subsection 4, Code 2005, is
11 2 amended to read as follows:
11 3 4. Any additional training received by a licensed
11 4 esthetician, cosmetologist, or electrologist and submitted to
11 5 the board relating to utilization of a certified laser product
11 6 or an intense pulsed light device shall include a safety
11 7 training component which provides a thorough understanding of
11 8 the procedures being performed. The training program shall
11 9 address fundamentals of nonbeam hazards, management and
11 10 employee responsibilities relating to control measures, and
11 11 regulatory requirements.
11 12 Sec. 28. Section 157.4, Code 2005, is amended to read as
11 13 follows:
11 14 157.4 TEMPORARY PERMITS.
11 15 1. A person who completes the requirements for licensure
11 16 listed in section 157.3, except for the examination, shall be
11 17 known as a trainee and shall be issued a temporary permit by
11 18 the department which allows the applicant to practice in the
11 19 cosmetology arts and sciences from the date of application
11 20 until passage of the examination subject to this subsection.
11 21 An applicant shall take the first available examination
11 22 administered by the board, and may retain the temporary permit
11 23 if the applicant does not pass the examination. An applicant
11 24 who does not pass the first examination shall take the next
11 25 available examination administered by the board. The
11 26 temporary permit of an applicant who does not pass the second
11 27 examination shall be revoked. An applicant who passes either
11 28 examination shall be issued a license pursuant to section
11 29 157.3. The board shall adopt rules providing for a waiver of
11 30 the requirement to take the first available examination for
11 31 good cause.
11 32 2. The department may issue a temporary permit for the
11 33 purpose of demonstrating cosmetology arts and sciences upon
11 34 recommendation of the board.
11 35 1. The department may issue a temporary permit which
12 1 allows the applicant to practice in the cosmetology arts and
12 2 sciences for purposes determined by rule. The board shall
12 3 determine and state its recommendations and the length of time
12 4 the temporary permit issued under this subsection is valid.
12 5 3. 2. The fee for a temporary permit shall be established
12 6 by the board as provided in section 147.80.
12 7 Sec. 29. Section 157.5, subsection 1, unnumbered paragraph
12 8 1, Code 2005, is amended to read as follows:
12 9 A licensed cosmetologist, esthetician, or electrologist who
12 10 provides services relating to the use of a certified laser
12 11 product, intense pulsed light device for hair removal,
12 12 chemical peel, or microdermabrasion, shall obtain a consent in
12 13 writing prior to the administration of the services. A
12 14 consent in writing shall create a presumption that informed
12 15 consent was given if the consent:
12 16 Sec. 30. Section 157.5, subsection 2, Code 2005, is
12 17 amended to read as follows:
12 18 2. A licensed cosmetologist, esthetician, or electrologist
12 19 who provides services related to the use of a certified laser
12 20 product, intense pulsed light device for hair removal,
12 21 chemical peel, or microdermabrasion, shall submit a report to
12 22 the board within thirty days of any incident involving the
12 23 provision of such services which results in physical injury
12 24 requiring medical attention. Failure to comply with this
12 25 section shall result in disciplinary action being taken by the
12 26 board.
12 27 Sec. 31. Section 157.12A, Code 2005, is amended to read as
12 28 follows:
12 29 157.12A USE OF LASER OR LIGHT PRODUCTS ON MINORS.
12 30 A laser hair removal product or device, or intense pulsed
12 31 light device, shall not be used on a minor unless the minor is
12 32 accompanied by a parent or guardian and only under the general
12 33 supervision of a physician.
12 34 Sec. 32. Section 157.13, subsection 1, Code 2005, is
12 35 amended to read as follows:
13 1 1. It is unlawful for a person to employ an individual to
13 2 practice cosmetology arts and sciences unless that individual
13 3 is licensed or has obtained a temporary permit under this
13 4 chapter. It is unlawful for a licensee to practice with or
13 5 without compensation in any place other than a licensed salon,
13 6 a licensed school of cosmetology arts and sciences, or a
13 7 licensed barbershop as defined in section 158.1, except that a
13 8 licensee may practice at a location which is not a licensed
13 9 salon or school of cosmetology arts and sciences under
13 10 extenuating circumstances arising from physical or mental
13 11 disability or death of a customer, or when a temporary permit
13 12 has been approved by the board. It is unlawful for a licensee
13 13 to claim to be a licensed barber, but it is lawful for a
13 14 licensed cosmetologist to work in a licensed barbershop. It
13 15 is unlawful for a person to employ a licensed cosmetologist,
13 16 esthetician, or electrologist to perform the services
13 17 described in section 157.3A if the licensee has not received
13 18 the additional training and met the other requirements
13 19 specified in section 157.3A.
13 20 Sec. 33. Section 233.2, subsection 2, paragraph c, Code
13 21 2005, is amended to read as follows:
13 22 c. The If the name of the parent is unknown to the
13 23 institutional health facility, the individual on duty or other
13 24 person designated by the institutional health facility at
13 25 which physical custody of the newborn infant was relinquished
13 26 shall submit the certificate of birth report as required
13 27 pursuant to section 144.14. If the name of the parent is
13 28 known to the institutional health facility, the facility shall
13 29 submit the certificate of birth report as required pursuant to
13 30 section 144.13. The department of public health shall not
13 31 file the certificate of birth with the county of birth and
13 32 shall otherwise maintain the confidentiality of the birth
13 33 certificate in accordance with section 144.43.
13 34 Sec. 34. Section 272C.4, unnumbered paragraph 2, Code
13 35 2005, is amended to read as follows:
14 1 Insurance carriers which insure professional and
14 2 occupational licensees for acts or omissions that constitute
14 3 negligence, careless acts, or omissions in the practice of a
14 4 profession or occupation shall file reports with the
14 5 appropriate licensing board. The reports shall include
14 6 information pertaining to claims any lawsuit filed against a
14 7 licensee which may affect the licensee as defined by rule,
14 8 involving an insured of the insurer.
14 9 Sec. 35. Section 272C.9, subsection 1, Code 2005, is
14 10 amended to read as follows:
14 11 1. Each licensee of a licensing board, as a condition of
14 12 licensure, is under a duty to submit to a physical, or mental,
14 13 or clinical competency examination when directed in writing by
14 14 the board for cause. All objections shall be waived as to the
14 15 admissibility of the examining physician's testimony or
14 16 reports on the grounds of privileged communications. The
14 17 medical testimony or report shall not be used against the
14 18 licensee in any proceeding other than one relating to licensee
14 19 discipline by the board, or one commenced in district court
14 20 for revocation of the licensee's privileges. The licensing
14 21 board, upon probable cause, shall have the authority to order
14 22 a physical, or mental, or clinical competency examination, and
14 23 upon refusal of the licensee to submit to the examination the
14 24 licensing board may order that the allegations pursuant to
14 25 which the order of physical, or mental, or clinical competency
14 26 examination was made shall be taken to be established.
14 27 Sec. 36. Section 331.805, subsection 1, Code 2005, is
14 28 amended to read as follows:
14 29 1. When a death occurs in the manner specified in section
14 30 331.802, subsection 3, the body, clothing, and any articles
14 31 upon or near the body shall not be disturbed or removed from
14 32 the position in which it is found, and physical or biological
14 33 evidence shall not be obtained or collected from the body,
14 34 without authorization from the county medical examiner or the
14 35 state medical examiner except for the purpose of preserving
15 1 the body from loss or destruction or permitting the passage of
15 2 traffic on a highway, railroad or airport, or unless the
15 3 failure to immediately remove the body might endanger life,
15 4 safety, or health. A person who moves, disturbs, or conceals
15 5 a body, clothing, or any articles upon or near the body or who
15 6 obtains or collects physical or biological evidence in
15 7 violation of this subsection or chapter 691 is guilty of a
15 8 simple misdemeanor.
15 9 Sec. 37. Section 691.6, Code 2005, is amended by adding
15 10 the following new subsection:
15 11 NEW SUBSECTION. 7. To perform an autopsy or order that an
15 12 autopsy be performed if required or authorized by section
15 13 331.802 or by rule. If the state medical examiner assumes
15 14 jurisdiction over a body for purposes of performing an autopsy
15 15 required or authorized by section 331.802 or by rule under
15 16 this section, the body or its effects shall not be disturbed,
15 17 withheld from the custody of the state medical examiner, or
15 18 removed from the custody of the state medical examiner without
15 19 authorization from the state medical examiner.
15 20 Sec. 38. Sections 135.45 through 135.48 and section
15 21 142A.11, Code 2005, are repealed.
15 22 Sec. 39. RESPONSE TEAM TASK FORCE. The department shall
15 23 establish a task force to study the current and future
15 24 capacity of the public health workforce to respond to
15 25 bioterrorism, emerging infectious diseases, and other public
15 26 health threats and emergencies. The task force shall examine
15 27 the concept of developing and implementing regional response
15 28 teams which will include members from local, regional, and
15 29 state agencies and organizations. The task force shall submit
15 30 a report to the department, the governor, and the general
15 31 assembly by July 1, 2006, which shall include the findings and
15 32 recommendations of the task force, including a proposed budget
15 33 necessary for sustaining public health workforce teams. Task
15 34 force members shall be appointed by the director and shall
15 35 include representatives from local public health agencies,
16 1 hospitals, emergency medical care providers and programs, the
16 2 department, and other stakeholders. Appointments to the task
16 3 force shall not be subject to the requirements of sections
16 4 69.16 and 69.16A.
16 5 EXPLANATION
16 6 This bill provides for a number of changes regarding
16 7 programs and functions under the purview of the Iowa
16 8 department of public health.
16 9 The bill provides statutory authority for the collection of
16 10 health workforce data by the department, and provides for the
16 11 confidentiality of the data collected. The bill eliminates a
16 12 reference to 1997 Iowa Acts relating to the use for which
16 13 local public health funding may be applied, and provides that
16 14 the department is designated Iowa's lead agency for brain
16 15 injury.
16 16 The bill provides that the division of epidemiology,
16 17 emergency medical services, and disaster operations shall be
16 18 renamed the division of acute disease prevention and emergency
16 19 response, and makes conforming changes related to this name
16 20 change.
16 21 The bill renames disaster medical assistance teams as
16 22 public health response teams, and makes conforming changes
16 23 related to this name change in Code section 29C.21, relating
16 24 to the emergency management assistance compact. The bill also
16 25 provides for additional categories in which assistance by the
16 26 teams is authorized and adds disability to those benefits for
16 27 which a team member may be considered to qualify as an
16 28 employee of the state for liability and indemnity purposes.
16 29 The bill provides that in the event of a shortage of a
16 30 vaccine, or in the event a vaccine shortage is imminent, the
16 31 department may issue an order controlling, restricting, or
16 32 regulating the distribution and administration of the vaccine.
16 33 The bill provides that the order may designate groups of
16 34 persons which shall receive priority in administration of the
16 35 vaccine and may prohibit vaccination of persons who are not
17 1 included in a priority designation, and that it shall be
17 2 applicable to health care providers, hospitals, clinics,
17 3 pharmacies, health care facilities, local boards of health,
17 4 public health agencies, and other persons or entities which
17 5 distribute or administer vaccines. The bill also provides
17 6 that there shall be no civil liability in any action based on
17 7 a failure or refusal to distribute or administer a vaccine to
17 8 any person if the failure or refusal to distribute or
17 9 administer the vaccine was consistent with a department order.
17 10 The bill provides for the deletion of a repeal applicable
17 11 to the tobacco use prevention and control initiative,
17 12 currently specifying June 30, 2010.
17 13 The bill also provides that anatomical gift public
17 14 awareness and transplantation funds, which may currently be
17 15 utilized for the development of a statewide organ and tissue
17 16 control registry, may also be utilized to support the
17 17 registry.
17 18 The bill repeals provisions establishing the chronic renal
17 19 disease program.
17 20 The bill provides that an amended birth certificate shall
17 21 be issued in an adoption, deleting provisions which had
17 22 provided for the option of a certificate not being issued upon
17 23 request.
17 24 The bill provides that the board of medical examiners,
17 25 which may currently discipline a physician who has entered
17 26 into a voluntary agreement to restrict their practice in
17 27 another state, district, territory, or country, shall also be
17 28 able to discipline a physician entering into a voluntary
17 29 agreement with an agency of the federal government.
17 30 The bill strikes a provision which currently permits a
17 31 graduate of an approved respiratory care program to practice
17 32 under specified circumstances for one year prior to taking a
17 33 licensure exam, and strikes an expired provision authorizing
17 34 temporary permits to practice.
17 35 The bill strikes a provision requiring consultation by the
18 1 board of behavioral science examiners with the mental health
18 2 and developmental disabilities commission relating to approval
18 3 of supervised clinical experience for marital and family
18 4 therapy and mental health counseling, and also strikes a
18 5 provision which specifies that supervision of an applicant for
18 6 mental health counseling must be conducted strictly by a
18 7 licensee. The bill provides that supervision standards shall
18 8 be determined by the department by rule.
18 9 The bill strikes an outdated provision that written
18 10 examinations for a funeral director's license shall be given
18 11 by the board of mortuary science examiners and instead allows
18 12 the board to prescribe the examination to be taken.
18 13 The bill also provides for the addition of intense pulsed
18 14 light devices to the list of regulated practices under Code
18 15 chapter 157 (cosmetology), and makes conforming changes to
18 16 reflect the addition. The bill additionally strikes the
18 17 current requirement that a cosmetology applicant submit a copy
18 18 of a high school diploma, requiring instead that an applicant
18 19 has graduated from high school or its equivalent, and strikes
18 20 references to issuance of a temporary permit prior to taking a
18 21 licensure examination for cosmetology. The bill specifies
18 22 that a temporary permit may be issued, however, for purposes
18 23 to be determined by rule.
18 24 The bill provides that a birth certificate shall be
18 25 submitted to the state registrar in accordance with the
18 26 provisions of Code section 144.43 in the event that the
18 27 identity of a parent is known in a situation where custody of
18 28 an infant is being released.
18 29 The bill provides that insurance carriers insuring
18 30 professional and occupational licensees shall file reports
18 31 with the appropriate licensing board including information
18 32 pertaining to any lawsuit filed against a licensee.
18 33 Currently, such reports must provide information relating to
18 34 any claims filed.
18 35 The bill also provides that licensing boards may order a
19 1 clinical competency examination, in addition to being
19 2 currently authorized to order physical or mental examinations.
19 3 The bill further provides that, after a death has occurred,
19 4 current provisions prohibiting the disturbing or removing of a
19 5 body without authorization by a county medical examiner shall
19 6 also apply to clothing or other articles upon or near a dead
19 7 body. The bill additionally provides that if the state
19 8 medical examiner assumes jurisdiction over a body for purposes
19 9 of performing an autopsy required or authorized by Code
19 10 section 331.802 or by rule, the body or its effects shall not
19 11 be disturbed, withheld from the custody of the state medical
19 12 examiner, or removed from the custody of the state medical
19 13 examiner without authorization from the state medical
19 14 examiner.
19 15 The bill provides for the establishment of a response team
19 16 task force to study the current and future capacity of the
19 17 public health workforce to respond to bioterrorism, emerging
19 18 infectious diseases, and other public health threats and
19 19 emergencies. The bill provides that the task force shall
19 20 examine the concept of developing and implementing regional
19 21 response teams, and include members from local, regional, and
19 22 state agencies and organizations. The bill provides that the
19 23 task force shall submit a report to the department, the
19 24 governor, and the general assembly by July 1, 2006, and that
19 25 members shall be appointed by the director and include
19 26 representatives from local public health agencies, hospitals,
19 27 emergency medical care providers and programs, the department,
19 28 and other stakeholders.
19 29 LSB 1161HV 81
19 30 rn:rj/gg/14