House Study Bill 647



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            PUBLIC HEALTH BILL)


    Passed Senate, Date               Passed House,  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 5319DP 81
  5 rn/cf/24

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.  139A.13A  ISOLATION OR QUARANTINE ==
  2 31 EMPLOYMENT PROTECTION.
  2 32    1.  An employer shall not discharge an employee, or take or
  2 33 fail to take action regarding an employee's promotion or
  2 34 proposed promotion, or take action to reduce an employee's
  2 35 wages or benefits for actual time worked, due to the
  3  1 compliance of an employee with a quarantine or isolation order
  3  2 issued by the department or a local board.
  3  3    2.  An employee whose employer violates this section may
  3  4 petition the court for imposition of a cease and desist order
  3  5 against the person's employer and for reinstatement to the
  3  6 person's previous position of employment.
  3  7    Sec. 6.  Section 147.82, subsection 3, Code Supplement
  3  8 2005, is amended to read as follows:
  3  9    3.  The department may annually retain and expend not more
  3 10 than one hundred thousand dollars for reduction of the number
  3 11 of days necessary to process medical license requests and for
  3 12 reduction of the number of days needed for consideration of
  3 13 malpractice cases from fees collected pursuant to section
  3 14 147.80 by the board of medical examiners in the fiscal year
  3 15 beginning July 1, 2005, and ending June 30, 2006.  Fees
  3 16 retained by the department pursuant to this subsection shall
  3 17 be considered repayment receipts as defined in section 8.2 and
  3 18 shall be used for the purposes described in this subsection.
  3 19    Sec. 7.  Section 148.2, subsection 5, Code 2005, is amended
  3 20 to read as follows:
  3 21    5.  Physicians and surgeons of the United States army,
  3 22 navy, or air force, marines, public health service, or other
  3 23 uniformed service when acting in the line of duty in this
  3 24 state, and holding a current, active permanent license in good
  3 25 standing in another state, district, or territory of the
  3 26 United States, or physicians and surgeons licensed in another
  3 27 state,  when incidentally called into this state in
  3 28 consultation with a physician and surgeon licensed in this
  3 29 state.
  3 30    Sec. 8.  NEW SECTION.  154E.3A  TEMPORARY LICENSE.
  3 31    Beginning July 1, 2007, an individual who does not meet the
  3 32 requirements for licensure by examination pursuant to section
  3 33 154E.3 may apply for or renew a temporary license.  The
  3 34 temporary license shall authorize the licensee to practice as
  3 35 a sign language interpreter or transliterator under the direct
  4  1 supervision of a sign language interpreter or transliterator
  4  2 licensed pursuant to section 154E.3.  The temporary license
  4  3 shall be valid for two years and may only be renewed one time
  4  4 in accordance with standards established by rule.  An
  4  5 individual shall not practice for more than a total of four
  4  6 years under a temporary license.  The board may revoke a
  4  7 temporary license if it determines that the temporary licensee
  4  8 has violated standards established by rule.  The board may
  4  9 adopt requirements for temporary licensure to implement this
  4 10 section.
  4 11    Sec. 9.  Section 154E.4, subsection 2, Code Supplement
  4 12 2005, is amended by adding the following new paragraph:
  4 13    NEW PARAGRAPH.  e.  Students enrolled in a school of
  4 14 interpreting may interpret only under the direct supervision
  4 15 of a permanently licensed interpreter as part of the student's
  4 16 course of study.
  4 17    Sec. 10.  Section 157.13, subsection 1, Code Supplement
  4 18 2005, is amended by striking the subsection and inserting in
  4 19 lieu thereof the following:
  4 20    1.  It is unlawful for a person to employ an individual to
  4 21 practice cosmetology arts and sciences unless that individual
  4 22 is licensed or has obtained a temporary permit under this
  4 23 chapter.  It is unlawful for a licensee to practice with or
  4 24 without compensation in any place other than a licensed salon,
  4 25 a licensed school of cosmetology arts and sciences, or a
  4 26 licensed barbershop as defined in section 158.1.  The
  4 27 following exceptions to this subsection shall apply:
  4 28    a.  A licensee may practice at a location which is not a
  4 29 licensed salon, school of cosmetology arts and sciences, or
  4 30 licensed barbershop under extenuating circumstances arising
  4 31 from physical or mental disability or death of a customer.
  4 32    b.  Notwithstanding section 157.12, when the licensee is
  4 33 employed by a physician and provides cosmetology services at
  4 34 the place of practice of a physician and is under the
  4 35 supervision of a physician licensed to practice pursuant to
  5  1 chapter 148, 150, or 150A.
  5  2    c.  When the practice occurs in a facility licensed
  5  3 pursuant to chapter 135B or 135C.
  5  4    Sec. 11.  Section 157.13, Code Supplement 2005, is amended
  5  5 by adding the following new subsection:
  5  6    NEW SUBSECTION.  1A.  It is unlawful for a licensee to
  5  7 claim to be a licensed barber, however a licensed
  5  8 cosmetologist may work in a licensed barbershop.  It is
  5  9 unlawful for a person to employ a licensed cosmetologist,
  5 10 esthetician, or electrologist to perform the services
  5 11 described in section 157.3A if the licensee has not received
  5 12 the additional training and met the other requirements
  5 13 specified in section 157.3A.
  5 14    Sec. 12.  Section 272C.1, subsection 6, Code Supplement
  5 15 2005, is amended by adding the following new paragraph:
  5 16    NEW PARAGRAPH.  ad.  The director of public health in
  5 17 certifying emergency medical care providers and emergency
  5 18 medical care services pursuant to chapter 147A.
  5 19    Sec. 13.  Section 272C.6, subsection 4, unnumbered
  5 20 paragraph 1, Code Supplement 2005, is amended to read as
  5 21 follows:
  5 22    In order to assure a free flow of information for
  5 23 accomplishing the purposes of this section, and
  5 24 notwithstanding section 622.10, all complaint files,
  5 25 investigation files, other investigation reports, and other
  5 26 investigative information in the possession of a licensing
  5 27 board or peer review committee acting under the authority of a
  5 28 licensing board or its employees or agents which relates to
  5 29 licensee discipline are privileged and confidential, and are
  5 30 not subject to discovery, subpoena, or other means of legal
  5 31 compulsion for their release to a person other than the
  5 32 licensee and the boards, their employees and agents involved
  5 33 in licensee discipline, and are not admissible in evidence in
  5 34 a judicial or administrative proceeding other than the
  5 35 proceeding involving licensee discipline.  However,
  6  1 investigative information in the possession of a licensing
  6  2 board or its employees or agents which relates to licensee
  6  3 discipline may be disclosed to appropriate licensing
  6  4 authorities within this state, the appropriate licensing
  6  5 authority in another state, the coordinated licensure
  6  6 information system provided for in the nurse licensure compact
  6  7 contained in section 152E.1 or the advanced practice
  6  8 registered nurse compact contained in section 152E.3, the
  6  9 District of Columbia, or a territory or country in which the
  6 10 licensee is licensed or has applied for a license.  If the
  6 11 investigative information in the possession of a licensing
  6 12 board or its employees or agents indicates a crime has been
  6 13 committed, the information shall be reported to the proper law
  6 14 enforcement agency.  However, a final written decision and
  6 15 finding of fact of a licensing board in a disciplinary
  6 16 proceeding, including a decision referred to in section
  6 17 272C.3, subsection 4, is a public record.  A licensing board
  6 18 is not precluded by this chapter from including investigative
  6 19 information in a short and plain statement of the matters
  6 20 asserted in a notice filed to commence a contested case
  6 21 pursuant to section 17A.12, or from including investigative
  6 22 information in a brief statement of findings of fact,
  6 23 conclusions of law, and policy reasons when issuing an
  6 24 emergency adjudicative order pursuant to section 17A.18A.
  6 25 Documents issued by a licensing board pursuant to sections
  6 26 17A.12 and 17A.18A, and a final written decision and findings
  6 27 of fact of a licensing board in a disciplinary proceeding,
  6 28 including a decision referred to in section 272C.3, subsection
  6 29 4, are public records.
  6 30    Sec. 14.  Section 691.6, Code Supplement 2005, is amended
  6 31 by adding the following new subsection:
  6 32    NEW SUBSECTION.  8.  To retain tissues, organs, and bodily
  6 33 fluids as necessary to determine the cause and manner of death
  6 34 or as deemed advisable by the state medical examiner for
  6 35 medical or public health investigation, teaching, or research.
  7  1 Tissues, organs, and bodily fluids shall be properly disposed
  7  2 of by following procedures and precautions for handling
  7  3 biologic material and blood=borne pathogens as established by
  7  4 rule.
  7  5    Sec. 15.  2004 Iowa Acts, chapter 1175, section 432,
  7  6 subsection 3, is amended to read as follows:
  7  7    3.  Applicants issued a temporary license pursuant to this
  7  8 section shall pass a licensure examination approved by the
  7  9 board on or before July 1, 2007, in order to remain licensed
  7 10 as an interpreter qualify to be licensed by examination.
  7 11                           EXPLANATION
  7 12    This bill modifies several provisions relating to programs
  7 13 and functions under the purview of the Iowa department of
  7 14 public health.
  7 15    The bill provides for the appointment of one or more acting
  7 16 directors by the director of the department who may exercise
  7 17 the powers and duties of the director.
  7 18    The bill amends two current exceptions to the certificate
  7 19 of need program requirement that approval be obtained prior to
  7 20 offering certain new or changed institutional health services.
  7 21 With regard to the exception relating to replacement or
  7 22 modernization of an institutional health facility if the
  7 23 replacement or modernization does not add new health services
  7 24 or additional bed capacity for existing health services, the
  7 25 bill provides that the exclusion applies only if the health
  7 26 facility ceases offering the health services simultaneously
  7 27 with the initiation of the offering of the health services by
  7 28 the replacement institutional health facility or the
  7 29 modernized institutional health facility.  With regard to the
  7 30 exception relating to a change in ownership, licensure,
  7 31 organizational structure, or designation of the type of
  7 32 institutional health facility if the health services offered
  7 33 by the successor institutional health facility are unchanged,
  7 34 the bill provides that the exclusion applies only if the
  7 35 health facility consents to the change and ceases offering the
  8  1 health services simultaneously with the initiation of the
  8  2 offering of the health services by the successor institutional
  8  3 health facility.
  8  4    The bill amends the definition of a public health disaster
  8  5 to include a natural or man=made disaster event, and creates a
  8  6 new office of multicultural health to address the provision of
  8  7 culturally and linguistically competent health care and
  8  8 service delivery.  The bill also establishes employment
  8  9 protection in the event of an isolation or quarantine order
  8 10 issued by the department.
  8 11    The bill adds the military service branches of the air
  8 12 force and marines, and a general category of other uniformed
  8 13 service personnel to the categories of military or public
  8 14 health service physicians or surgeons who, when acting in the
  8 15 line of duty in Iowa, need not be licensed in this state as a
  8 16 physician or surgeon, provided that a current, active license
  8 17 in another state is possessed.
  8 18    The bill also makes provision for a temporary license to
  8 19 practice as a sign language interpreter or transliterator
  8 20 under the direct supervision of a licensed sign language
  8 21 interpreter or transliterator in this state for a specified
  8 22 duration, and adds an exception to license requirements for
  8 23 students working under the direct supervision of a licensed
  8 24 interpreter.
  8 25    With regard to prohibitions against the practice of
  8 26 cosmetology arts and sciences in a place other than a licensed
  8 27 salon, licensed school of cosmetology arts and sciences, or
  8 28 licensed barbershop, the bill provides that the prohibition
  8 29 does not apply when a licensee is employed by a licensed
  8 30 physician and provides cosmetology services at the place of
  8 31 practice of a physician and is under the supervision of a
  8 32 physician, or when the practice occurs at a hospital or health
  8 33 care facility.  The bill adds certification of emergency
  8 34 medical care providers and emergency medical care services
  8 35 pursuant to Code chapter 147A by the director of the
  9  1 department to the list of boards or activities governed by the
  9  2 professional licensing standards imposed by Code chapter 272C.
  9  3    Additionally, the bill provides for the authority of the
  9  4 office of the state medical examiner to retain tissues,
  9  5 organs, and bodily fluids as necessary to determine the cause
  9  6 and manner of death, or as deemed advisable by the state
  9  7 medical examiner for medical or public health investigation,
  9  8 teaching, or research.  Finally, the bill specifies that
  9  9 documents issued by a licensing board pursuant to Code
  9 10 sections 17A.12 and 17A.18A, and a final written decision and
  9 11 finding of fact of a licensing board in a disciplinary
  9 12 proceeding, including a decision referred to in Code section
  9 13 272C.3, subsection 4, are public records.
  9 14 LSB 5319DP 81
  9 15 rn:nh/cf/24.1