SSB 3047 (LSB 5301DP (5) 83)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC HEALTH BILL)

A BILL FOR

An Act relating to the organization and duties of the state board of health.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 136.1, Code 2009, is amended to read as follows:
   136.1  Composition of board.

   The state board of health shall consist of the following members:  Five Two members learned in health-related disciplines, three members who have direct experience with public health, two members who have direct experience with substance abuse treatment or prevention, and four members representing the general public.

  The director of public health shall serve as secretary of the board.
    Sec. 2.  Section 136.3, Code 2009, is amended by striking the section and inserting in lieu thereof the following:
   136.3  Duties.

   The state board of health shall provide a forum for the development of public health policy in the state of Iowa and shall have the following powers and duties:

   1.  Consider and study legislation and administration concerning public health.
   2.  Advise the department on any issue related to the promotion and protection of the health of Iowans including but not limited to:
   a.  Prevention of epidemics and the spread of disease, including communicable and infectious diseases such as zoonotic diseases, quarantine and isolation, sexually transmitted diseases, and antitoxins and vaccines.
   b.  Protection against environmental hazards.
   c.  Prevention of injuries.
   d.  Promotion of healthy behaviors.
   e.  Preparing for, responding to, and recovering from public health emergencies and disasters.
   3.  Establish policies governing the performance of the department in the discharge of any duties imposed on it by law.
   4.  Provide guidance to the director in the discharge of the director’s duties.
   5.  Adopt and implement the Iowa public health standards.
   6.  Assure that the department complies with Iowa Code, administrative rules, and the Iowa public health standards. For this purpose the board shall have access at any time to all documents and records of the department.
   7.  Assure that the department prepares and distributes an annual report.
   8.  Advise or make recommendations to the director of public health, governor, and general assembly relative to public health and advocate for state and local public health to comply with the Iowa public health standards.
   9.  Offer consultation to the governor in the appointment of the director of the department.
   10.  Adopt, promulgate, amend, and repeal rules and regulations consistent with law for the protection of the public health and prevention of substance abuse, and for the guidance of the department. All rules adopted by the department are subject to approval by the board.
   11.  Act by committee, or by a majority of the board.
   12.  Keep minutes of the transactions of each session, regular or special, which shall be public records and filed with the department.
   13.  Perform those duties authorized pursuant to chapter 125. The board may appoint a substance abuse program committee to approve or deny applications for licensure received from substance abuse programs pursuant to chapter 125 and to perform any other function authorized by chapter 125 and delegated to the committee.
   14.  Perform those duties authorized pursuant to sections 135.156, 135.159, and 135.161, and other provisions of law.
    Sec. 3.  Section 136.5, Code 2009, is amended to read as follows:
   136.5  Meetings.

   The board shall meet on the second Wednesday in July and on the second Wednesday of every second month thereafter at least six times per year and at such other times as may be deemed necessary by the president chairperson of the board or the director of the department. The president department shall give each board member adequate notice of all special meetings. A majority of the members of the board shall constitute a quorum.
    Sec. 4.  Section 136.7, Code 2009, is amended to read as follows:
   136.7  Officer Chairperson —— staff assistance.

   At the meeting held in The board shall annually in July of each year a president shall be elected from the board elect a chairperson, who shall serve for a period of one year. At the request of the board the The department shall furnish an executive clerk staff from the regular employees of the department to record the minutes of the meetings of the board.
    Sec. 5.  Section 136.8, Code 2009, is amended to read as follows:
   136.8  Supplies.

   The department shall furnish the board of health with all articles and supplies required for the public use and necessary to enable the board to perform the duties imposed upon it by law. Such articles and supplies shall be obtained by the department in the same manner in which the regular supplies for the department are obtained and the same shall be considered and accounted for as if obtained for the use of the department.
EXPLANATION
   This bill rewrites provisions in Code chapter 136, relating to the organization and duties of the state board of health. The revision remains very similar to the current statute.
   The bill revises the membership of the board itself. Under current law, the board consists of five members learned in health-related disciplines, two members who have direct experience with substance abuse treatment or prevention, and four members representing the general public. Under the bill, board makeup consists of two members learned in health-related disciplines, three members who have direct experience with public health, two members who have direct experience with substance abuse treatment or prevention, and four members representing the general public.
   The bill amends Code section 136.3, relating to the duties of the board, by reorganizing the Code section and updating language. The bill eliminates some specific duties and sets the board duties in general terms. Many of the specific duties are now encompassed in the board duty to "[a]dopt and implement the Iowa public health standards”.
   The bill revises Code section 136.5 to provide general guidelines for the number of meetings the board shall hold annually rather than specific meeting dates and directs the department, rather than the president of the board, to give notice of meetings. The bill also amends Code section 136.7 to provide that the board shall elect a chairperson rather than a president.