House
File
467
-
Introduced
HOUSE
FILE
467
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HSB
90)
A
BILL
FOR
An
Act
relating
to
programs
and
activities
under
the
purview
of
1
the
department
of
public
health.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1230HV
(2)
84
pf/nh
H.F.
467
DIVISION
I
1
IOWA
HEALTH
WORKFORCE
CENTER
2
Section
1.
Section
135.11,
subsection
27,
Code
2011,
is
3
amended
by
striking
the
subsection.
4
Sec.
2.
NEW
SECTION
.
135.179
Iowa
health
workforce
center
5
——
established
——
duties.
6
1.
An
Iowa
health
workforce
center
is
established
within
the
7
division
of
health
promotion
and
chronic
disease
prevention
of
8
the
department.
9
2.
The
center
shall
do
all
of
the
following:
10
a.
Coordinate
public
and
private
efforts
to
develop
and
11
maintain
an
appropriate
health
care
delivery
infrastructure
and
12
a
stable,
well-qualified,
diverse,
and
sustainable
health
care
13
workforce
in
this
state.
14
b.
Develop
a
biennial
strategic
plan
for
health
care
15
delivery
infrastructure
and
health
care
workforce
resources
in
16
this
state.
17
c.
Provide
for
the
continuous
collection
of
data
to
provide
18
a
basis
for
health
care
strategic
planning
and
health
care
19
policymaking.
20
d.
Make
recommendations
regarding
the
health
care
delivery
21
infrastructure
and
the
health
care
workforce
that
assist
22
in
monitoring
current
needs,
predicting
future
trends,
and
23
informing
policymaking.
24
e.
Leverage
federal,
state,
and
local
resources
to
support
25
programs
under
the
purview
of
the
center.
26
DIVISION
II
27
TOBACCO
ENFORCEMENT
28
Sec.
3.
Section
142A.1,
subsection
2,
Code
2011,
is
amended
29
to
read
as
follows:
30
2.
It
is
the
intent
of
the
general
assembly
that
the
31
comprehensive
tobacco
use
prevention
and
control
initiative
32
established
in
this
chapter
will
specifically
address
reduction
33
of
tobacco
use
by
youth
and
pregnant
women
,
promotion
of
34
compliance
by
minors
and
retailers
with
tobacco
sales
laws
35
-1-
LSB
1230HV
(2)
84
pf/nh
1/
18
H.F.
467
and
ordinances,
and
enhancement
of
the
capacity
of
youth
to
1
make
healthy
choices.
The
initiative
shall
allow
extensive
2
involvement
of
youth
in
attaining
these
results.
3
Sec.
4.
Section
142A.2,
subsection
10,
Code
2011,
is
amended
4
by
striking
the
subsection.
5
Sec.
5.
Section
142A.3,
subsection
3,
paragraph
a,
Code
6
2011,
is
amended
to
read
as
follows:
7
a.
Members,
at
least
one
of
whom
is
a
member
of
a
racial
8
minority,
to
be
appointed
by
the
governor,
subject
to
9
confirmation
by
the
senate
pursuant
to
sections
2.32
and
69.19
,
10
and
consisting
of
the
following:
11
(1)
Three
members
who
are
active
with
nonprofit
health
12
organizations
that
emphasize
tobacco
use
prevention
or
who
are
13
active
as
health
services
providers,
at
the
local
level.
14
(2)
One
member
who
is
a
retailer.
15
(3)
(2)
Three
members
who
are
active
with
health
promotion
16
activities
at
the
local
level
in
youth
education,
law
17
enforcement,
nonprofit
services,
or
other
activities
relating
18
to
tobacco
use
prevention
and
control.
19
Sec.
6.
Section
142A.3,
subsection
5,
paragraph
e,
Code
20
2011,
is
amended
by
striking
the
paragraph.
21
Sec.
7.
Section
142A.4,
subsections
14
and
17,
Code
2011,
22
are
amended
by
striking
the
subsections.
23
Sec.
8.
Section
142A.5,
subsection
1,
paragraph
e,
Code
24
2011,
is
amended
by
striking
the
paragraph.
25
Sec.
9.
Section
142A.5,
subsection
2,
paragraph
f,
Code
26
2011,
is
amended
by
striking
the
paragraph.
27
Sec.
10.
Section
142A.6,
subsection
2,
paragraph
e,
Code
28
2011,
is
amended
by
striking
the
paragraph.
29
Sec.
11.
Section
142A.6,
subsection
3,
paragraph
c,
Code
30
2011,
is
amended
by
striking
the
paragraph.
31
Sec.
12.
Section
142A.7,
subsection
1,
paragraph
f,
Code
32
2011,
is
amended
by
striking
the
paragraph.
33
Sec.
13.
Section
142A.8,
subsection
4,
paragraph
d,
Code
34
2011,
is
amended
by
striking
the
paragraph.
35
-2-
LSB
1230HV
(2)
84
pf/nh
2/
18
H.F.
467
Sec.
14.
Section
142A.9,
subsection
3,
Code
2011,
is
amended
1
to
read
as
follows:
2
3.
To
the
greatest
extent
possible,
the
youth
program
shall
3
be
directed
by
youth
for
youth
participants.
State
and
local
4
administrators
associated
with
the
initiative
shall
consult
5
with
and
utilize
the
youth
program
participants
in
the
media,
6
marketing,
and
communications
program;
education
efforts;
and
7
other
aspects
of
the
initiative
including
evaluation
,
and
8
collaboration
,
and
enforcement
.
9
Sec.
15.
Section
453A.2,
subsections
4,
6,
and
7,
Code
2011,
10
are
amended
to
read
as
follows:
11
4.
The
Iowa
alcoholic
beverages
division
of
the
department
12
of
public
health
commerce
,
a
county
health
department,
a
city
13
health
department
,
or
a
city
may
directly
enforce
this
section
14
in
district
court
and
initiate
proceedings
pursuant
to
section
15
453A.22
before
a
permit-issuing
authority
which
issued
the
16
permit
against
a
permit
holder
violating
this
section
.
17
6.
If
a
county
health
department,
a
city
health
department,
18
or
a
city
has
not
assessed
a
penalty
pursuant
to
section
19
453A.22,
subsection
2
,
for
a
violation
of
subsection
1
,
within
20
sixty
days
of
the
adjudication
of
the
violation,
the
matter
21
shall
be
transferred
to
and
be
the
exclusive
responsibility
22
of
the
Iowa
alcoholic
beverages
division
of
the
department
of
23
public
health
commerce
.
Following
transfer
of
the
matter,
24
if
the
violation
is
contested,
the
Iowa
alcoholic
beverages
25
division
of
the
department
of
public
health
commerce
shall
26
request
an
administrative
hearing
before
an
administrative
law
27
judge,
assigned
by
the
division
of
administrative
hearings
of
28
the
department
of
inspections
and
appeals
in
accordance
with
29
the
provisions
of
section
10A.801
,
to
adjudicate
the
matter
30
pursuant
to
chapter
17A
.
31
7.
A
tobacco
compliance
employee
training
fund
is
created
in
32
the
office
of
the
treasurer
of
state.
The
fund
shall
consist
33
of
civil
penalties
assessed
by
the
Iowa
alcoholic
beverages
34
division
of
the
department
of
public
health
commerce
under
35
-3-
LSB
1230HV
(2)
84
pf/nh
3/
18
H.F.
467
section
453A.22
for
violations
of
this
section
.
Moneys
in
1
the
fund
are
appropriated
to
the
alcoholic
beverages
division
2
of
the
department
of
commerce
and
shall
be
used
to
develop
3
and
administer
the
tobacco
compliance
employee
training
4
program
under
section
453A.5
.
Moneys
deposited
in
the
fund
5
shall
not
be
transferred,
used,
obligated,
appropriated,
or
6
otherwise
encumbered
except
as
provided
in
this
subsection
.
7
Notwithstanding
section
8.33
,
any
unexpended
balance
in
the
8
fund
at
the
end
of
the
fiscal
year
shall
be
retained
in
the
9
fund.
10
Sec.
16.
Section
453A.13,
subsection
2,
paragraph
c,
Code
11
2011,
is
amended
to
read
as
follows:
12
c.
The
department,
or
a
city
or
county,
shall
submit
a
13
duplicate
of
any
application
for
a
retail
permit
and
any
retail
14
permit
issued
by
the
entity
under
this
subsection
to
the
Iowa
15
alcoholic
beverages
division
of
the
department
of
public
health
16
commerce
within
thirty
days
of
the
issuance.
The
alcoholic
17
beverages
division
of
the
department
of
commerce
shall
submit
18
the
current
list
of
all
retail
permits
issued
to
the
Iowa
19
department
of
public
health
by
the
first
day
of
each
quarter
20
of
a
state
fiscal
year.
21
Sec.
17.
Section
453A.22,
subsection
2,
unnumbered
22
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
23
If
a
retailer
or
employee
of
a
retailer
has
violated
section
24
453A.2
or
section
453A.36,
subsection
6
,
the
department
or
25
local
authority,
or
the
Iowa
alcoholic
beverages
division
of
26
the
department
of
public
health
commerce
following
transfer
27
of
the
matter
to
the
Iowa
alcoholic
beverages
division
of
28
the
department
of
public
health
commerce
pursuant
to
section
29
453A.2,
subsection
6
,
in
addition
to
the
other
penalties
fixed
30
for
such
violations
in
this
section
,
shall
assess
a
penalty
31
upon
the
same
hearing
and
notice
as
prescribed
in
subsection
32
1
as
follows:
33
Sec.
18.
Section
453A.22,
subsection
7,
Code
2011,
is
34
amended
to
read
as
follows:
35
-4-
LSB
1230HV
(2)
84
pf/nh
4/
18
H.F.
467
7.
The
department
or
local
authority
shall
report
the
1
suspension
or
revocation
of
a
retail
permit
under
this
section
2
to
the
Iowa
alcoholic
beverages
division
of
the
department
of
3
public
health
commerce
within
thirty
days
of
the
suspension
or
4
revocation
of
the
retail
permit.
5
Sec.
19.
Section
453A.47A,
subsection
6,
Code
2011,
is
6
amended
to
read
as
follows:
7
6.
Issuance.
Cities
shall
issue
retail
permits
to
retailers
8
within
their
respective
limits.
County
boards
of
supervisors
9
shall
issue
retail
permits
to
retailers
in
their
respective
10
counties,
outside
of
the
corporate
limits
of
cities.
The
city
11
or
county
shall
submit
a
duplicate
of
any
application
for
a
12
retail
permit
and
any
retail
permit
issued
by
the
entity
under
13
this
section
to
the
Iowa
alcoholic
beverages
division
of
the
14
department
of
public
health
commerce
within
thirty
days
of
15
issuance.
The
alcoholic
beverages
division
of
the
department
16
of
commerce
shall
submit
the
current
list
of
all
retail
permits
17
issued
to
the
Iowa
department
of
public
health
by
the
first
day
18
of
each
quarter
of
a
state
fiscal
year.
19
DIVISION
III
20
COMMUNICABLE
AND
INFECTIOUS
DISEASES
AND
POISONINGS
21
Sec.
20.
Section
139A.2,
subsections
5
and
8,
Code
2011,
are
22
amended
to
read
as
follows:
23
5.
“Contagious
or
infectious
disease”
means
hepatitis
in
any
24
form,
meningococcal
disease,
AIDS
or
HIV
as
defined
in
section
25
141A.1,
tuberculosis,
and
any
other
disease
,
with
the
exception
26
of
AIDS
or
HIV
infection
as
defined
in
section
141A.1
,
27
determined
to
be
life-threatening
to
a
person
exposed
to
the
28
disease
as
established
by
rules
adopted
by
the
department,
29
based
upon
a
determination
by
the
state
epidemiologist
and
in
30
accordance
with
guidelines
of
the
centers
for
disease
control
31
and
prevention
of
the
United
States
department
of
health
and
32
human
services.
33
8.
“Exposure”
means
the
risk
of
contracting
disease
as
34
determined
by
the
centers
for
disease
control
and
prevention
35
-5-
LSB
1230HV
(2)
84
pf/nh
5/
18
H.F.
467
of
the
United
States
department
of
health
and
human
services
1
and
adopted
by
rule
of
the
department
a
specific
eye,
mouth,
2
other
mucous
membrane,
nonintact
skin,
or
parenteral
contact
3
with
blood
or
other
potentially
infectious
bodily
fluids
.
4
Sec.
21.
Section
139A.2,
Code
2011,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
23A.
“Significant
exposure”
means
a
7
situation
in
which
there
is
a
risk
of
contracting
disease
8
through
exposure
to
a
person’s
infectious
bodily
fluids
9
in
a
manner
capable
of
transmitting
an
infectious
agent
as
10
determined
by
the
centers
for
disease
control
and
prevention
of
11
the
United
States
department
of
health
and
human
services
and
12
adopted
by
rule
of
the
department.
13
Sec.
22.
Section
139A.19,
Code
2011,
is
amended
to
read
as
14
follows:
15
139A.19
Care
provider
notification.
16
1.
a.
Notwithstanding
any
provision
of
this
chapter
to
the
17
contrary,
if
a
care
provider
sustains
an
a
significant
exposure
18
from
an
individual
while
rendering
health
care
services
or
19
other
services,
the
individual
to
whom
the
care
provider
was
20
exposed
is
deemed
to
consent
to
a
test
to
determine
if
the
21
individual
has
a
contagious
or
infectious
disease
and
is
deemed
22
to
consent
to
notification
of
the
care
provider
of
the
results
23
of
the
test,
upon
submission
of
an
a
significant
exposure
24
report
by
the
care
provider
to
the
hospital
,
clinic,
other
25
health
facility,
or
other
person
specified
in
this
section
26
to
whom
the
individual
is
delivered
by
the
care
provider
27
as
determined
by
rule
.
The
exposure
report
form
may
be
28
incorporated
into
the
Iowa
prehospital
care
report,
the
Iowa
29
prehospital
advanced
care
report,
or
a
similar
report
used
30
by
an
ambulance,
rescue,
or
first
response
service
or
law
31
enforcement
agency.
32
b.
The
hospital
,
clinic,
or
other
health
facility
in
which
33
the
significant
exposure
occurred
or
other
person
specified
in
34
this
section
to
whom
the
individual
is
delivered
shall
conduct
35
-6-
LSB
1230HV
(2)
84
pf/nh
6/
18
H.F.
467
the
test.
If
the
individual
is
delivered
by
the
care
provider
1
to
an
institution
administered
by
the
Iowa
department
of
2
corrections,
the
test
shall
be
conducted
by
the
staff
physician
3
of
the
institution.
If
the
individual
is
delivered
by
the
4
care
provider
to
a
jail,
the
test
shall
be
conducted
by
the
5
attending
physician
of
the
jail
or
the
county
medical
examiner.
6
The
sample
and
test
results
shall
only
be
identified
by
a
7
number
and
shall
not
otherwise
identify
the
individual
tested
.
8
c.
A
hospital,
clinic,
or
other
health
facility,
9
institutions
administered
by
the
department
of
corrections,
10
and
jails
shall
have
written
policies
and
procedures
for
11
notification
of
a
care
provider
under
this
section
.
The
12
policies
and
procedures
shall
include
designation
of
a
13
representative
of
the
care
provider
to
whom
notification
shall
14
be
provided
and
who
shall,
in
turn,
notify
the
care
provider.
15
The
identity
of
the
designated
representative
of
the
care
16
provider
shall
not
be
revealed
to
the
individual
tested.
17
The
designated
representative
shall
inform
the
hospital,
18
clinic,
or
other
health
facility,
institution
administered
19
by
the
department
of
corrections,
or
jail
of
those
parties
20
who
received
the
notification,
and
following
receipt
of
21
this
information
and
upon
request
of
the
individual
tested,
22
the
hospital,
clinic,
or
other
health
facility,
institution
23
administered
by
the
department
of
corrections,
or
jail
shall
24
inform
the
individual
of
the
parties
to
whom
notification
was
25
provided.
26
d.
Notwithstanding
any
other
provision
of
law
to
the
27
contrary,
a
care
provider
may
transmit
cautions
regarding
28
contagious
or
infectious
disease
information
,
with
the
29
exception
of
AIDS
or
HIV
pursuant
to
section
80.9B,
in
the
30
course
of
the
care
provider’s
duties
over
the
police
radio
31
broadcasting
system
under
chapter
693
or
any
other
radio-based
32
communications
system
if
the
information
transmitted
does
not
33
personally
identify
an
individual.
34
2.
a.
If
the
test
results
are
positive,
the
hospital,
35
-7-
LSB
1230HV
(2)
84
pf/nh
7/
18
H.F.
467
clinic,
other
health
facility,
or
other
person
performing
the
1
test
shall
notify
the
subject
of
the
test
and
make
any
required
2
reports
to
the
department
pursuant
to
sections
139A.3
and
3
141A.6.
The
report
to
the
department
shall
include
the
name
of
4
the
individual
tested.
5
b.
If
the
individual
tested
is
diagnosed
or
confirmed
6
as
having
a
contagious
or
infectious
disease,
the
hospital
,
7
clinic,
other
health
facility,
or
other
person
conducting
8
the
test
shall
notify
the
care
provider
or
the
designated
9
representative
of
the
care
provider
who
shall
then
notify
the
10
care
provider.
11
3.
The
notification
to
the
care
provider
shall
advise
the
12
care
provider
of
possible
exposure
to
a
particular
contagious
13
or
infectious
disease
and
recommend
that
the
care
provider
seek
14
medical
attention.
15
c.
The
notification
to
the
care
provider
shall
be
provided
16
as
soon
as
is
reasonably
possible
following
determination
17
that
the
individual
subject
of
the
test
has
a
contagious
or
18
infectious
disease.
The
notification
shall
not
include
the
19
name
of
the
individual
tested
for
the
contagious
or
infectious
20
disease
unless
the
individual
consents.
If
the
care
provider
21
who
sustained
an
a
significant
exposure
determines
the
identity
22
of
the
individual
diagnosed
or
confirmed
as
having
a
contagious
23
or
infectious
disease,
the
identity
of
the
individual
shall
be
24
confidential
information
and
shall
not
be
disclosed
by
the
care
25
provider
to
any
other
person
unless
a
specific
written
release
26
is
obtained
from
the
individual
diagnosed
with
or
confirmed
as
27
having
a
contagious
or
infectious
disease.
28
4.
This
section
does
not
require
or
permit,
unless
otherwise
29
provided,
a
hospital,
health
care
provider,
or
other
person
to
30
administer
a
test
for
the
express
purpose
of
determining
the
31
presence
of
a
contagious
or
infectious
disease,
except
that
32
testing
may
be
performed
if
the
individual
consents
and
if
the
33
requirements
of
this
section
are
satisfied.
34
5.
3.
This
section
does
not
preclude
a
hospital
,
clinic,
35
-8-
LSB
1230HV
(2)
84
pf/nh
8/
18
H.F.
467
other
health
facility,
or
a
health
care
provider
from
providing
1
notification
to
a
care
provider
under
circumstances
in
2
which
the
hospital’s
,
clinic’s,
other
health
facility’s,
or
3
health
care
provider’s
policy
provides
for
notification
of
4
the
hospital’s
,
clinics,
other
health
facility’s,
or
health
5
care
provider’s
own
employees
of
exposure
to
a
contagious
or
6
infectious
disease
that
is
not
life-threatening
if
the
notice
7
does
not
reveal
a
patient’s
name,
unless
the
patient
consents.
8
6.
4.
A
hospital,
clinic,
other
health
facility,
or
health
9
care
provider,
or
other
person
participating
in
good
faith
in
10
complying
with
provisions
authorized
or
required
under
this
11
section
is
immune
from
any
liability,
civil
or
criminal,
which
12
might
otherwise
be
incurred
or
imposed.
13
7.
5.
A
hospital’s
,
clinic’s,
other
health
facility’s,
or
14
health
care
provider’s
duty
of
notification
to
notify
under
15
this
section
is
not
continuing
but
is
limited
to
a
diagnosis
16
of
a
contagious
or
infectious
disease
made
in
the
course
of
17
admission,
care,
and
treatment
following
the
rendering
of
18
health
care
services
or
other
services
to
which
notification
19
under
this
section
applies
the
individual
who
was
the
source
of
20
the
significant
exposure
.
21
6.
Notwithstanding
subsection
5,
the
hospital,
clinic,
or
22
other
health
facility
may
provide
a
procedure
for
notifying
23
the
exposed
care
provider
if,
following
discharge
from
or
24
completion
of
care
or
treatment
by
the
hospital,
clinic,
or
25
other
health
facility,
the
individual
who
was
the
source
of
26
the
significant
exposure,
and
for
whom
a
significant
exposure
27
report
was
submitted
that
did
not
result
in
notification
of
the
28
exposed
care
provider,
wishes
to
provide
information
regarding
29
the
source
individual’s
contagious
or
infectious
disease
status
30
to
the
exposed
care
provider.
31
8.
7.
A
hospital,
clinic,
other
health
facility,
health
32
care
provider,
or
other
person
who
is
authorized
to
perform
a
33
test
under
this
section
who
performs
the
test
in
compliance
34
with
this
section
or
who
fails
to
perform
the
test
authorized
35
-9-
LSB
1230HV
(2)
84
pf/nh
9/
18
H.F.
467
under
this
section
,
is
immune
from
any
liability,
civil
or
1
criminal,
which
might
otherwise
be
incurred
or
imposed.
2
9.
8.
A
hospital,
clinic,
other
health
facility,
health
3
care
provider,
or
other
person
who
is
authorized
to
perform
4
a
test
under
this
section
has
no
duty
to
perform
the
test
5
authorized.
6
10.
9.
The
department
shall
adopt
rules
pursuant
to
chapter
7
17A
to
administer
this
section
.
The
department
may
determine
8
by
rule
the
contagious
or
infectious
diseases
for
which
testing
9
is
reasonable
and
appropriate
and
which
may
be
administered
10
under
this
section
.
11
11.
10.
The
employer
of
a
care
provider
who
sustained
12
an
a
significant
exposure
under
this
section
shall
pay
the
13
costs
of
testing
for
the
individual
who
is
the
source
of
the
14
significant
exposure
and
of
the
testing
of
the
care
provider,
15
if
the
significant
exposure
was
sustained
during
the
course
16
of
employment.
However,
the
department
shall
pay
the
costs
17
of
testing
for
the
assist
an
individual
who
is
the
source
18
of
the
significant
exposure
and
in
finding
resources
to
pay
19
for
the
costs
of
the
testing
of
the
and
shall
assist
a
care
20
provider
who
renders
direct
aid
without
compensation
in
finding
21
resources
to
pay
for
the
cost
of
the
test
.
22
Sec.
23.
Section
139A.33,
Code
2011,
is
amended
to
read
as
23
follows:
24
139A.33
Determination
of
source
——
partner
notification
25
program
.
26
The
local
board
or
the
department
shall
use
every
available
27
means
to
determine
the
source
and
spread
of
any
infectious
case
28
of
sexually
transmitted
disease
or
infection
which
is
reported.
29
1.
The
department
shall
maintain
a
partner
notification
30
program
for
persons
known
to
have
tested
positive
for
a
31
reportable
sexually
transmitted
disease
or
infection.
32
2.
In
administering
the
program,
the
department
shall
33
provide
for
all
of
the
following:
34
a.
A
person
who
voluntarily
participates
in
the
program
35
-10-
LSB
1230HV
(2)
84
pf/nh
10/
18
H.F.
467
shall
receive
post-test
counseling
during
which
time
the
person
1
shall
be
encouraged
to
refer
for
counseling
and
testing
any
2
person
with
whom
the
person
has
had
sexual
relations
or
has
3
shared
drug
injecting
equipment.
4
b.
The
physician
or
other
health
care
provider
attending
the
5
person
may
provide
to
the
department
any
relevant
information
6
provided
by
the
person
regarding
any
person
with
whom
the
7
tested
person
has
had
sexual
relations
or
has
shared
drug
8
injecting
equipment.
9
3.
The
department
may
delegate
its
partner
notification
10
duties
under
this
section
to
local
health
authorities
or
a
11
physician
or
other
health
care
provider,
as
provided
by
rules
12
adopted
by
the
department.
13
4.
In
making
contact
with
sexual
or
drug
equipment-sharing
14
partners,
the
department
or
its
designee
shall
not
disclose
the
15
identity
of
the
person
who
provided
the
names
of
the
persons
16
to
be
contacted
and
shall
protect
the
confidentiality
of
the
17
persons
contacted.
18
5.
a.
This
section
shall
not
be
interpreted
as
creating
19
a
duty
to
warn
third
parties
of
the
danger
of
exposure
to
a
20
sexually
transmitted
disease
or
infection
through
contact
with
21
a
person
who
tests
positive
for
a
sexually
transmitted
disease.
22
b.
This
section
shall
not
be
interpreted
to
require
the
23
department
to
provide
partner
notification
services
to
all
24
persons
who
have
tested
positive
for
a
sexually
transmitted
25
disease
or
infection.
26
DIVISION
IV
27
AIDS
UPDATE
28
Sec.
24.
Section
141A.1,
subsections
2,
11,
13,
15,
and
18,
29
Code
2011,
are
amended
to
read
as
follows:
30
2.
“AIDS-related
conditions”
means
any
condition
resulting
31
from
the
human
immunodeficiency
virus
infection
that
meets
the
32
definition
of
AIDS
as
established
by
the
centers
for
disease
33
control
and
prevention
of
the
United
States
department
of
34
health
and
human
services.
35
-11-
LSB
1230HV
(2)
84
pf/nh
11/
18
H.F.
467
11.
“HIV-related
condition”
means
any
condition
resulting
1
from
the
human
immunodeficiency
virus
infection.
2
13.
“Infectious
bodily
fluids”
means
bodily
fluids
capable
3
of
transmitting
HIV
infection
as
determined
by
the
centers
for
4
disease
control
and
prevention
of
the
United
States
department
5
of
health
and
human
services
and
adopted
by
rule
of
the
6
department.
7
15.
“Nonblinded
epidemiological
studies”
means
studies
8
in
which
specimens
are
collected
for
the
express
purpose
9
of
testing
for
the
HIV
infection
and
persons
included
in
10
the
nonblinded
study
are
selected
according
to
established
11
criteria.
12
18.
“Significant
exposure”
means
the
a
situation
in
which
13
there
is
a
risk
of
contracting
HIV
infection
by
means
of
14
through
exposure
to
a
person’s
infectious
bodily
fluids
in
a
15
manner
capable
of
transmitting
HIV
infection
as
determined
by
16
the
centers
for
disease
control
and
prevention
of
the
United
17
States
department
of
health
and
human
services
and
adopted
by
18
rule
of
the
department.
19
Sec.
25.
Section
141A.1,
Code
2011,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
6A.
“Exposure”
means
a
specific
eye,
mouth,
22
other
mucous
membrane,
nonintact
skin,
or
parenteral
contact
23
with
blood
or
other
potentially
infectious
bodily
fluids.
24
Sec.
26.
Section
141A.2,
subsection
5,
Code
2011,
is
amended
25
to
read
as
follows:
26
5.
The
department
shall
coordinate
efforts
with
local
27
health
officers
to
investigate
sources
of
HIV
infection
and
use
28
every
appropriate
means
to
prevent
the
spread
of
the
infection
29
HIV
.
30
Sec.
27.
Section
141A.3,
subsection
2,
paragraph
b,
Code
31
2011,
is
amended
to
read
as
follows:
32
b.
Provide
health
information
to
the
public
regarding
HIV
33
infection
,
including
information
about
how
the
infection
HIV
34
is
transmitted
and
how
transmittal
can
be
prevented.
The
35
-12-
LSB
1230HV
(2)
84
pf/nh
12/
18
H.F.
467
department
shall
prepare
and
distribute
information
regarding
1
HIV
infection
transmission
and
prevention.
2
Sec.
28.
Section
141A.4,
subsection
1,
Code
2011,
is
amended
3
to
read
as
follows:
4
1.
HIV
testing
and
education
shall
be
offered
to
persons
who
5
are
at
risk
for
HIV
infection
including
all
of
the
following:
6
a.
Males
who
have
had
sexual
relations
with
other
males.
7
b.
All
persons
testing
positive
for
a
sexually
transmitted
8
disease.
9
b.
c.
All
persons
having
a
history
of
injecting
drug
abuse.
10
c.
d.
Male
and
female
sex
workers
and
those
who
trade
sex
11
for
drugs,
money,
or
favors.
12
d.
e.
Sexual
partners
of
HIV-infected
persons.
13
e.
f.
Persons
whose
sexual
partners
are
identified
in
14
paragraphs
“a”
through
“d”
“e”
.
15
Sec.
29.
Section
141A.5,
subsection
2,
paragraph
c,
16
subparagraph
(1),
subparagraph
division
(a),
Code
2011,
is
17
amended
to
read
as
follows:
18
(a)
A
physician
for
the
infected
person
is
of
the
good
19
faith
opinion
that
the
nature
of
the
continuing
contact
poses
20
an
imminent
danger
of
HIV
infection
transmission
to
the
third
21
party.
22
Sec.
30.
Section
141A.6,
subsection
1,
Code
2011,
is
amended
23
to
read
as
follows:
24
1.
Prior
to
undergoing
an
a
voluntary
HIV-related
test,
25
information
shall
be
available
to
the
subject
of
the
test
26
concerning
testing
and
any
means
of
obtaining
additional
27
information
regarding
HIV
infection
transmission
and
risk
28
reduction.
If
an
individual
signs
a
general
consent
form
for
29
the
performance
of
medical
tests
or
procedures,
the
signing
30
of
an
additional
consent
form
for
the
specific
purpose
of
31
consenting
to
an
HIV-related
test
is
not
required
during
32
the
time
in
which
the
general
consent
form
is
in
effect.
33
If
an
individual
has
not
signed
a
general
consent
form
34
for
the
performance
of
medical
tests
and
procedures
or
the
35
-13-
LSB
1230HV
(2)
84
pf/nh
13/
18
H.F.
467
consent
form
is
no
longer
in
effect,
a
health
care
provider
1
shall
obtain
oral
or
written
consent
prior
to
performing
an
2
HIV-related
test.
If
an
individual
is
unable
to
provide
3
consent,
the
individual’s
legal
guardian
may
provide
consent.
4
If
the
individual’s
legal
guardian
cannot
be
located
or
is
5
unavailable,
a
health
care
provider
may
authorize
the
test
6
when
the
test
results
are
necessary
for
diagnostic
purposes
to
7
provide
appropriate
urgent
medical
care.
8
Sec.
31.
Section
141A.9,
subsection
2,
paragraph
i,
Code
9
2011,
is
amended
to
read
as
follows:
10
i.
Pursuant
to
section
sections
915.42
and
915.43
,
to
a
11
convicted
or
alleged
sexual
assault
offender;
the
physician
or
12
other
health
care
provider
who
orders
the
test
of
a
convicted
13
or
alleged
offender;
the
victim;
the
parent,
guardian,
or
14
custodian
of
the
victim
if
the
victim
is
a
minor;
the
physician
15
of
the
victim
if
requested
by
the
victim;
the
victim
counselor
16
or
person
requested
by
the
victim
to
provide
counseling
17
regarding
the
HIV-related
test
and
results;
the
victim’s
18
spouse;
persons
with
whom
the
victim
has
engaged
in
vaginal,
19
anal,
or
oral
intercourse
subsequent
to
the
sexual
assault;
20
members
of
the
victim’s
family
within
the
third
degree
of
21
consanguinity;
and
the
county
attorney
who
may
use
the
results
22
as
evidence
in
the
prosecution
of
sexual
assault
under
chapter
23
915,
subchapter
IV
,
or
prosecution
of
the
offense
of
criminal
24
transmission
of
HIV
under
chapter
709C
.
For
the
purposes
of
25
this
paragraph,
“victim”
means
victim
as
defined
in
section
26
915.40
.
27
Sec.
32.
Section
141A.9,
subsection
3,
Code
2011,
is
amended
28
to
read
as
follows:
29
3.
Release
may
be
made
of
medical
or
epidemiological
30
information
for
research
or
statistical
purposes
in
a
manner
31
such
that
no
individual
person
can
be
identified.
32
Sec.
33.
Section
141A.9,
Code
2011,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
8.
Medical
information
secured
pursuant
35
-14-
LSB
1230HV
(2)
84
pf/nh
14/
18
H.F.
467
to
subsection
1
may
be
shared
with
other
state
or
federal
1
agencies,
with
employees
or
agents
of
the
department,
or
2
with
local
units
of
government,
who
have
a
need
for
the
3
information
in
the
performance
of
their
duties
related
to
HIV
4
prevention,
disease
surveillance,
or
care
of
persons
with
HIV,
5
only
as
necessary
to
administer
the
program
for
which
the
6
information
is
collected
or
to
administer
a
program
within
the
7
other
agency.
Confidential
information
transferred
to
other
8
entities
under
this
subsection
shall
continue
to
maintain
9
its
confidential
status
and
shall
not
be
rereleased
by
the
10
receiving
entity.
11
Sec.
34.
Section
141A.10,
subsection
2,
Code
2011,
is
12
amended
to
read
as
follows:
13
2.
A
health
care
provider
attending
a
person
who
tests
14
positive
for
the
HIV
infection
has
no
duty
to
disclose
to
15
or
to
warn
third
parties
of
the
dangers
of
exposure
to
HIV
16
infection
through
contact
with
that
person
and
is
immune
from
17
any
liability,
civil
or
criminal,
for
failure
to
disclose
to
or
18
warn
third
parties
of
the
condition
of
that
person.
19
Sec.
35.
REPEAL.
Section
141A.8,
Code
2011,
is
repealed.
20
DIVISION
V
21
MISCELLANEOUS
PROVISIONS
22
Sec.
36.
Section
135.11,
subsection
13,
Code
2011,
is
23
amended
to
read
as
follows:
24
13.
Administer
the
statewide
public
health
nursing,
25
homemaker-home
health
aide,
and
senior
health
programs
healthy
26
aging
and
essential
public
health
services
by
approving
grants
27
of
state
funds
to
the
local
boards
of
health
and
the
county
28
boards
of
supervisors
for
the
purposes
of
promoting
healthy
29
aging
throughout
the
lifespan
and
enhancing
health
promotion
30
and
disease
prevention
services,
and
by
providing
guidelines
31
for
the
approval
of
the
grants
and
allocation
of
the
state
32
funds.
Program
direction
Guidelines
,
evaluation
requirements
,
33
and
formula
allocation
procedures
for
each
of
the
programs
34
services
shall
be
established
by
the
department
by
rule.
35
-15-
LSB
1230HV
(2)
84
pf/nh
15/
18
H.F.
467
Sec.
37.
Section
135A.5,
subsection
1,
Code
2011,
is
amended
1
to
read
as
follows:
2
1.
A
governmental
public
health
evaluation
committee
3
is
established
to
develop
,
and
implement
,
and
evaluate
the
4
evaluation
of
the
governmental
public
health
system
and
5
voluntary
accreditation
program.
The
committee
shall
meet
6
at
least
quarterly.
The
committee
shall
consist
of
no
fewer
7
than
eleven
members
and
no
more
than
thirteen
members.
The
8
members
shall
be
appointed
by
the
director
of
the
department.
9
The
director
may
solicit
and
consider
recommendations
from
10
professional
organizations,
associations,
and
academic
11
institutions
in
making
appointments
to
the
committee.
12
Sec.
38.
REPEAL.
Section
135.162,
Code
2011,
is
repealed.
13
EXPLANATION
14
This
bill
relates
to
programs
and
activities
under
the
15
purview
of
the
department
of
public
health
(DPH).
16
Division
I
relates
to
the
creation
of
an
Iowa
health
17
workforce
center.
The
division
eliminates
an
existing
18
directive
to
the
department
to
establish
and
administer
a
19
program
relating
to
workforce
supply
and
instead
establishes
20
an
Iowa
health
workforce
center
in
the
division
of
health
21
promotion
and
chronic
disease
prevention
of
DPH
and
specifies
22
its
duties.
23
Division
II
relates
to
tobacco
enforcement
by
transferring
24
all
enforcement
duties
from
DPH
to
the
alcoholic
beverages
25
division.
26
Division
III
relates
to
communicable
and
infectious
diseases
27
and
poisonings.
The
bill
includes
AIDS
and
HIV,
which
were
28
previously
excluded,
in
the
definition
of
“contagious
and
29
infectious
disease”
under
Code
chapter
139A
(contagious
and
30
infectious
diseases
and
poisonings);
provides
new
definitions
31
for
“exposure”
and
“significant
exposure”;
amends
provisions
32
for
the
notification
of
care
providers
who
may
have
had
a
33
significant
exposure;
provides
for
the
reporting
of
positive
34
test
results
to
the
department;
authorizes
the
notification
35
-16-
LSB
1230HV
(2)
84
pf/nh
16/
18
H.F.
467
of
a
care
provider
after
the
individual
who
was
the
source
of
1
a
significant
exposure
is
released
from
a
hospital
or
other
2
health
facility
if
the
test
did
not
result
in
notification
3
of
the
care
provider,
but
the
individual
wishes
to
provide
4
information
to
the
care
provider
regarding
the
individual’s
5
contagious
or
infectious
disease
status;
amends
a
provision
6
that
required
DPH
to
pay
the
cost
of
testing
of
the
individual
7
who
is
the
source
of
a
significant
exposure
and
of
a
care
8
provider
who
renders
direct
aid
without
compensation
and
9
instead
requires
DPH
to
assist
these
individuals
in
finding
10
resources
to
pay
for
the
testing;
and
establishes
a
partner
11
notification
program
for
those
persons
known
to
have
tested
12
positive
for
a
reportable
sexually
transmitted
disease
or
13
infection.
14
Division
IV
relates
to
acquired
immunodeficiency
syndrome
15
provisions.
The
division
amends
definitions
of
exposure
and
16
significant
exposure;
adds
men
who
have
sexual
relations
with
17
other
men
to
the
list
of
persons
who
are
at
risk
for
HIV
and
18
to
whom
HIV
testing
and
education
are
to
be
offered;
clarifies
19
that
the
consent,
testing,
and
reporting
requirements
are
20
applicable
to
HIV-related
testing
that
is
voluntary;
eliminates
21
the
care
provider
notification
program
since
this
program
is
22
combined
with
the
care
provider
program
for
communicable
and
23
infectious
diseases
under
Code
chapter
139A
in
division
III
24
of
the
bill;
includes
a
reference
to
the
section
relating
to
25
the
right
to
HIV
testing
of
a
convicted
or
alleged
assailant
26
in
the
context
of
confidentiality
of
information;
allows
for
27
the
release
of
medical
or
epidemiological
information
for
28
the
purpose
of
research
as
well
as
statistical
purposes;
and
29
provides
for
the
sharing
of
medical
information
obtained,
30
submitted,
or
maintained
under
the
chapter
with
other
state
31
or
federal
agencies
or
local
units
of
government
only
as
32
necessary
to
administer
the
program
for
which
the
information
33
is
collected
or
a
program
within
the
other
entity,
but
such
34
information
is
to
maintain
its
confidential
status
not
be
35
-17-
LSB
1230HV
(2)
84
pf/nh
17/
18
H.F.
467
released.
1
Division
V
includes
miscellaneous
provisions.
One
provision
2
relates
to
healthy
aging
and
updates
language
to
eliminate
3
discontinued
programs.
The
language
also
eliminates
county
4
boards
of
supervisors
as
potential
recipients
of
grants
to
5
promote
healthy
aging
and
limits
grants
to
local
boards
of
6
health.
The
bill
amends
a
provision
in
the
Iowa
public
health
7
modernization
Act
to
clarify
that
the
public
health
evaluation
8
committee
is
to
develop
and
implement
the
evaluation
of
the
9
governmental
public
health
system,
not
develop
and
implement
10
the
system
itself.
The
division
also
eliminates
the
clinicians
11
advisory
panel.
Clinical
input
is
being
provided
directly
by
12
physicians
participating
in
the
entities
the
advisory
panel
13
was
to
advise,
the
medical
home
advisory
council,
and
the
14
prevention
and
chronic
care
management
initiative.
15
-18-
LSB
1230HV
(2)
84
pf/nh
18/
18