House Study Bill 132 



                                       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 the administration of programs under the
  2    jurisdiction of the department of public health and increasing
  3    a penalty.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1149DP 83
  6 jr/nh/8

PAG LIN



  1  1    Section 1.  Section 144.39, Code 2009, is amended to read
  1  2 as follows:
  1  3    144.39  CHANGE OF NAME.
  1  4    Upon receipt of a certified copy of a court order from a
  1  5 court of competent jurisdiction or certificate of the clerk of
  1  6 court pursuant to chapter 674 changing the name of a person
  1  7 born in this state and upon request of the person or the
  1  8 person's parent, guardian, or legal representative, the state
  1  9 registrar shall amend the certificate of birth to reflect the
  1 10 new name.  A fee established by the department by rule based
  1 11 on average administrative cost shall be collected for each
  1 12 amended to amend the certificate of birth to reflect a new
  1 13 name.  Fees collected under this section shall be deposited in
  1 14 the general fund of the state.
  1 15    Sec. 2.  Section 149.7, Code 2009, is amended to read as
  1 16 follows:
  1 17    149.7  TEMPORARY CERTIFICATE LICENSE.
  1 18    1.  The board may issue a temporary certificate license
  1 19 authorizing the licensee named in the certificate to practice
  1 20 podiatry if, in the opinion of the board, a need exists and
  1 21 the person possesses the qualifications prescribed by the
  1 22 board for the certificate temporary license, which shall be
  1 23 substantially equivalent to those required for regular
  1 24 permanent licensure under this chapter.  The board shall
  1 25 determine in each instance the applicant's eligibility for the
  1 26 certificate temporary license, whether or not an examination
  1 27 shall be given, and the type of examination.  The requirements
  1 28 of the law pertaining to regular permanent licensure shall not
  1 29 be mandatory for this temporary certificate licensure except
  1 30 as specifically designated by the board.  The granting of a
  1 31 temporary certificate license does not in any way indicate
  1 32 that the person licensed is necessarily eligible for regular
  1 33 permanent licensure, and the board is not obligated to issue a
  1 34 permanent license to the person.
  1 35    2.  The temporary certificate shall be issued for one year
  2  1 and may be renewed, but a person shall not be entitled to
  2  2 practice podiatry in excess of three years while holding a
  2  3 temporary certificate.  The board shall determine the duration
  2  4 of time a person is qualified to practice podiatry while
  2  5 holding a temporary license.  The fee for this certificate
  2  6 license shall be set by the board, and if extended beyond one
  2  7 year, a renewal fee per year shall be set by the board.  The
  2  8 fees shall be based on the administrative costs of issuing and
  2  9 renewing the certificates temporary licenses.
  2 10    Sec. 3.  Section 158.1, subsection 1, paragraph d, Code
  2 11 2009, is amended to read as follows:
  2 12    d.  Applying cosmetic preparations, antiseptics, powders,
  2 13 oils, clays, waxes, or lotions to scalp, face, or neck.
  2 14    Sec. 4.  Section 158.3, subsection 3, Code 2009, is amended
  2 15 by striking the subsection.
  2 16    Sec. 5.  Section 158.7, Code 2009, is amended to read as
  2 17 follows:
  2 18    158.7  LICENSING BARBER SCHOOLS.
  2 19    1.  It is unlawful for a barber school to operate unless
  2 20 the owner has obtained a license issued by the department.
  2 21 The owner shall file a verified application with the
  2 22 department on forms prescribed by the board.
  2 23    2.  Any person employed as a barbering instructor in a
  2 24 licensed barber school shall be a licensed barber and shall
  2 25 possess a separate instructor's license which shall be renewed
  2 26 annually biennially.  An instructor shall file an application
  2 27 with the department on forms prescribed by the board.
  2 28    3.  The barber school must pass a sanitary inspection, and
  2 29 the course of study of the school must be approved by the
  2 30 board under the provisions of section 158.8.
  2 31    4.  An annual inspection of each barber school, including
  2 32 the educational activities of each school, shall be conducted
  2 33 and completed by the board prior to renewal of the license.
  2 34    5.  The application shall be accompanied by the annual
  2 35 license fee determined under the provisions of section 147.80
  3  1 and shall state the name and location of the school, name of
  3  2 the owner, name of the manager, and such other additional
  3  3 information as the board may require. The license is valid for
  3  4 one year and may be renewed.
  3  5    6.  A license for a barber school shall not be issued for
  3  6 any space in any location where the same space is licensed as
  3  7 a school of cosmetology.
  3  8    Sec. 6.  Section 158.8, Code 2009, is amended to read as
  3  9 follows:
  3 10    158.8  COURSE OF STUDY.
  3 11    1.  The course of study of a barber school shall consist of
  3 12 at least two thousand one hundred hours of instruction as
  3 13 prescribed by the board and shall include instruction in all
  3 14 phases of the practice of barbering as defined in section
  3 15 158.1, subsection 1.  The course shall require at least ten
  3 16 months of instruction for completion.  The course shall
  3 17 include not less than three hundred hours of demonstrations
  3 18 and lectures in the following areas:  Law law; ethics;
  3 19 equipment; shop management; history of barbering; sanitation;
  3 20 sterilization; personal hygiene; first aid; bacteriology;
  3 21 anatomy; scalp, skin, hair and their common disorders;
  3 22 electricity as applied to barbering; chemistry and
  3 23 pharmacology; scalp care; hair body processing; hairpieces;
  3 24 honing and stropping; shaving; facials, massage and packs;
  3 25 haircutting; hair tonics; dyeing and bleaching; instruments;
  3 26 soaps; and shampoos, creams, lotions, waxes, and tonics.  It
  3 27 shall include not less than one thousand four hundred hours of
  3 28 supervised practical instruction in the following areas:
  3 29 Scalp scalp care and shampooing, honing and stropping,
  3 30 shaving, haircutting, hairstyling and blow waving, dyeing and
  3 31 bleaching, hair body processing, facials, waxing, massage and
  3 32 packs, beard and mustache trimming, and hairpieces.
  3 33    2.  A person licensed under section 157.3 who enrolls in a
  3 34 barber school shall be granted full credit for each course
  3 35 successfully completed which meets the requirements of the
  4  1 barber school, which shall be credited toward the two thousand
  4  2 one hundred hour requirement, and the ten=month period does
  4  3 not apply.  A person who has been a student in a school of
  4  4 cosmetology arts and sciences licensed under chapter 157 may
  4  5 enroll in a barber school and shall be granted, at the
  4  6 discretion of the school, at least half credit and up to full
  4  7 credit for each course successfully completed which meets the
  4  8 requirements of the barber school.
  4  9    Sec. 7.  Section 158.16, Code 2009, is amended to read as
  4 10 follows:
  4 11    158.16  PENALTY.
  4 12    A person convicted of violating any of the provisions of
  4 13 this chapter shall be fined not to exceed one hundred thousand
  4 14 dollars.
  4 15    Sec. 8.  Section 691.6C, Code 2009, is amended to read as
  4 16 follows:
  4 17    691.6C  STATE MEDICAL EXAMINER ADVISORY COUNCIL.
  4 18    A state medical examiner advisory council is established to
  4 19 advise and consult with the state medical examiner on a range
  4 20 of issues affecting the organization and functions of the
  4 21 office of the state medical examiner and the effectiveness of
  4 22 the medical examiner system in the state.  Membership of the
  4 23 state medical examiner advisory council shall be determined by
  4 24 the state medical examiner, in consultation with the director
  4 25 of public health, and shall include, but not necessarily be
  4 26 limited to, representatives from the office of the attorney
  4 27 general, the Iowa county attorneys association, the Iowa
  4 28 medical society, the Iowa association of pathologists, the
  4 29 Iowa association of county medical examiners, the departments
  4 30 of public safety and public health, the statewide emergency
  4 31 medical system, and the Iowa funeral directors association.
  4 32 The advisory council shall meet on a quarterly or more
  4 33 frequent basis on a regular basis, and shall be organized and
  4 34 function as established by the state medical examiner by rule.
  4 35    Sec. 9.  Sections 135.30, 148B.8, 155.7, 155.17, and
  5  1 155.18, Code 2009, are repealed.
  5  2                           EXPLANATION
  5  3    This bill makes revisions to various programs under the
  5  4 jurisdiction of the department of public health.  The bill
  5  5 conforms language in Code section 144.39 relating to the
  5  6 duties of the state registrar of vital statistics in regard to
  5  7 name changes with language in Code chapter 674 relating to
  5  8 name changes.
  5  9    The bill allows the board of podiatrists to determine the
  5 10 duration of a temporary license to accommodate changes in
  5 11 podiatric residency program requirements, prevents the risk of
  5 12 providing permanent licensure to individuals who do not
  5 13 complete an approved residency program, and clarifies
  5 14 terminology regarding temporary and permanent licensure.
  5 15    The bill strikes antiquated language concerning barber
  5 16 apprentices.  The definition of the practice of barbering is
  5 17 expanded to include the application of waxes.  The barber
  5 18 instructor license currently must be renewed annually; the
  5 19 bill provides for biennial renewal.  The maximum penalty for
  5 20 violation of any provision of the barber licensing law is
  5 21 raised from $100 to $1,000.
  5 22    The bill revises a current requirement that the state
  5 23 medical examiner advisory council meet at least quarterly to
  5 24 require the council to meet on a regular basis.
  5 25    The bill repeals Code section 135.30, which requires that
  5 26 all spectacles be fitted with plastic lenses, laminated
  5 27 lenses, heat=treated glass lenses, or glass lenses made impact
  5 28 resistant.  Federal regulations address impact resistance and
  5 29 testing.
  5 30    The bill repeals Code section 148B.8, which allows the
  5 31 board of physical and occupational therapy to hire its own
  5 32 staff.  Code sections 147.22 and 147.24 contain language
  5 33 relating to board officers and compensation.
  5 34    Code sections 155.7, 155.17, and 155.18 are repealed.  Code
  5 35 chapter 155 relates to the board of nursing home
  6  1 administrators.  The repealed Code sections relate to the
  6  2 organization of the board, confidential information, and the
  6  3 suspension or revocation of a license.  These provisions are
  6  4 now generally applicable to all boards; set out in Code
  6  5 sections 147.21, 147.22, 147.24, and 147.55.
  6  6 LSB 1149DP 83
  6  7 jr/nh/8.1