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