Senate Study Bill 3220





                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            HUMAN RESOURCES BILL BY
                                            CO=CHAIRPERSON SEYMOUR)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the investigation and control of communicable
  2    and infectious diseases.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6398SK 81
  5 rn/sh/8

PAG LIN



  1  1    Section 1.  Section 135.145, subsections 1, 2, and 3, Code
  1  2 2005, are amended to read as follows:
  1  3    1.  When the department of public safety or other federal,
  1  4 state, or local law enforcement agency learns of a case of a
  1  5 reportable disease or health condition, unusual cluster, or a
  1  6 suspicious event that may be the cause of a public health
  1  7 disaster, the department or agency shall immediately notify
  1  8 the department, the administrator of the homeland security and
  1  9 emergency management division of the department of public
  1 10 defense, the department of agriculture and land stewardship,
  1 11 and the department of natural resources as appropriate.
  1 12    2.  When the department learns of a case of a reportable
  1 13 disease or health condition, an unusual cluster, or a
  1 14 suspicious event that the department reasonably believes could
  1 15 potentially be caused by bioterrorism or other act of
  1 16 terrorism may be the cause of a public health disaster, the
  1 17 department shall immediately notify the department of public
  1 18 safety, the homeland security and emergency management
  1 19 division of the department of public defense, and other
  1 20 appropriate federal, state, and local agencies and officials.
  1 21    3.  Sharing of information on reportable diseases, health
  1 22 conditions, unusual clusters, or suspicious events between the
  1 23 department and public safety authorities and other
  1 24 governmental agencies shall be restricted to sharing of only
  1 25 the information necessary for the prevention, control, and
  1 26 investigation of a public health disaster.
  1 27    Sec. 2.  Section 139A.2, Code 2005, is amended by adding
  1 28 the following new subsection:
  1 29    NEW SUBSECTION.  0A.  "Area quarantine" means prohibiting
  1 30 ingress and egress to and from a building, structure,
  1 31 facility, or environment to prevent or contain the spread of a
  1 32 suspected or confirmed quarantinable disease or to prevent or
  1 33 contain exposure to a suspected or known chemical, biological,
  1 34 radioactive, or other hazardous or toxic agent.
  1 35    Sec. 3.  Section 139A.3, Code 2005, is amended by adding
  2  1 the following new subsection:
  2  2    NEW SUBSECTION.  3.  A health care provider or public,
  2  3 private, or hospital clinical laboratory shall provide the
  2  4 department, local board, or local department with all
  2  5 information necessary to conduct an investigation pursuant to
  2  6 this chapter upon the oral or written request of the
  2  7 department, local board, or local department.  The department,
  2  8 local board, or local department may also subpoena records,
  2  9 reports, and any other evidence necessary to conduct an
  2 10 investigation pursuant to this chapter from other persons,
  2 11 facilities, and entities pursuant to rules adopted by the
  2 12 department.  Release of information pursuant to this section
  2 13 shall be consistent with the federal Health Insurance
  2 14 Portability and Accountability Act of 1996, Pub. L. No.  104=
  2 15 191.
  2 16    Sec. 4.  Section 139A.4, Code 2005, is amended by adding
  2 17 the following new subsection:
  2 18    NEW SUBSECTION.  4.  The department and the local boards
  2 19 may impose and enforce area quarantine restrictions according
  2 20 to rules adopted by the department.
  2 21                           EXPLANATION
  2 22    This bill concerns efforts to investigate and control
  2 23 communicable and infectious diseases by the Iowa department of
  2 24 public health, local boards of health, and local health
  2 25 departments.
  2 26    The bill modifies current provisions in Code section
  2 27 135.145 regarding the sharing of information relating to
  2 28 reportable diseases and other specified conditions or events
  2 29 that may be the cause of a public health disaster, by deleting
  2 30 the word "reportable", thereby broadening the provisions to
  2 31 include other, nonreportable diseases.  As provided in Code
  2 32 section 139A.2, a "reportable disease" means any disease
  2 33 designated by rule by the department as requiring its
  2 34 occurrence to be reported to an appropriate authority.  The
  2 35 bill also deletes, with respect to a provision that the
  3  1 department provide notification of a reportable disease or
  3  2 health condition, an unusual cluster, or a suspicious event to
  3  3 specified agencies and officials, that the department
  3  4 reasonably believes the object of the report could potentially
  3  5 be caused by bioterrorism or other act of terrorism, providing
  3  6 instead that the object of the report may be the cause of a
  3  7 public health disaster.
  3  8    The bill provides for a new category or classification of
  3  9 quarantine, defining an "area quarantine" to mean prohibiting
  3 10 ingress and egress to and from a building, structure,
  3 11 facility, or environment to prevent or contain the spread of a
  3 12 suspected or confirmed quarantinable disease, or to prevent or
  3 13 contain exposure to a suspected or known chemical, biological,
  3 14 radioactive, or other hazardous or toxic agent.  The bill
  3 15 authorizes the department and local boards of health to impose
  3 16 and enforce area quarantine restrictions according to rules
  3 17 adopted by the department.
  3 18    Additionally, the bill provides that health care providers
  3 19 and public, private, and hospital clinical laboratories shall
  3 20 provide the department, a local board, or local health
  3 21 department with all information necessary to conduct an
  3 22 investigation relating to Code chapter 139A, dealing with
  3 23 communicable and infectious diseases and poisonings, upon the
  3 24 oral or written request of the department, local board, or
  3 25 local health department.  The bill confers upon the
  3 26 department, local board, or local health department the
  3 27 authority to issue subpoenas for records, reports, or other
  3 28 evidence necessary to conduct the investigation from persons,
  3 29 facilities, and entities pursuant to rules adopted by the
  3 30 department.  The bill provides that the release of information
  3 31 shall be consistent with the federal Health Insurance
  3 32 Portability and Accountability Act of 1996.
  3 33 LSB 6398SK 81
  3 34 rn:nh/sh/8