House Study Bill 562 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC HEALTH BILL) A BILL FOR An Act relating to programs and activities under the purview of 1 the department of public health, providing for a penalty, 2 and including effective and applicability date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5277XD (15) 84 ad/nh

S.F. _____ H.F. _____ DIVISION I 1 BURIAL TRANSIT PERMIT 2 Section 1. Section 144.32, Code 2011, is amended to read as 3 follows: 4 144.32 Burial transit permit. 5 1. If a person other than a funeral director, medical 6 examiner, or emergency medical service assumes custody of a 7 dead body or fetus, the person shall secure a burial transit 8 permit. To be valid, the burial transit permit must shall be 9 issued by the county medical examiner, a funeral director, 10 or the county registrar of the county where the certificate 11 of death or fetal death was filed occurred, or the state 12 registrar . The permit shall be issued only upon presentation 13 of a completed certificate of death or fetal death. The permit 14 shall be obtained prior to the removal of the body or fetus 15 from the place of death and the permit shall accompany the body 16 or fetus to the place of final disposition. 17 2. To transfer a dead body or fetus outside of this state, 18 the funeral director who first assumes custody of the dead body 19 or fetus shall obtain a burial transit permit prior to the 20 transfer. The permit shall accompany the dead body or fetus to 21 the place of final disposition. 22 3. A dead body or fetus brought into this state for final 23 disposition shall be accompanied by a burial transit permit 24 under the law of the state in which the death occurred. 25 4. A burial transit permit shall not be issued to a person 26 other than a funeral director when the cause of death is or is 27 suspected to be a communicable disease as defined by rule of 28 the department. 29 DIVISION II 30 RADIOLOGICAL HEALTH 31 Sec. 2. Section 136C.3, subsection 2, Code 2011, is amended 32 to read as follows: 33 2. Establish minimum training standards including 34 continuing education requirements, and administer examinations 35 -1- LSB 5277XD (15) 84 ad/nh 1/ 22

S.F. _____ H.F. _____ and disciplinary procedures for operators of radiation machines 1 and users of radioactive materials. A state of Iowa license 2 to practice medicine, osteopathic medicine, chiropractic, 3 podiatry, dentistry, dental hygiene, or veterinary medicine, or 4 licensure as a physician assistant pursuant to chapter 148C , or 5 certification by the dental board in dental radiography, or by 6 the board of podiatry in podiatric radiography, or enrollment 7 in a program or course of study approved by the Iowa department 8 of public health which includes the application of radiation to 9 humans or animals satisfies the minimum training standards for 10 operation of radiation machines only. 11 Sec. 3. Section 136C.3, subsection 5, Code 2011, is amended 12 to read as follows: 13 5. Issue orders as necessary in connection with licensing 14 and registration of radiation machines and radioactive 15 materials and the operators or users thereof . 16 Sec. 4. Section 136C.8, Code 2011, is amended to read as 17 follows: 18 136C.8 Inspections. 19 The department shall may inspect all radiation machines and 20 radioactive materials located in this state, for the purpose of 21 detecting, abating, or eliminating excessive radiation exposure 22 hazards. The inspection shall include but shall not be limited 23 to an evaluation of the radiation machine or radioactive 24 material as well as the immediate environment to ensure that 25 in using the machines or materials all unnecessary hazards for 26 patients, personnel, and other persons who may be exposed to 27 radiation produced by the machine or materials are avoided. 28 The inspection shall also include an evaluation of electrical 29 hazards as well as the adequacy of mechanical supporting and 30 restraining devices. All defects and deficiencies noted by 31 the inspector shall be fully disclosed and discussed with the 32 responsible persons at the time of inspection. The department 33 shall establish rules prescribing operating procedures for 34 radiation machines and radioactive materials which ensure 35 -2- LSB 5277XD (15) 84 ad/nh 2/ 22

S.F. _____ H.F. _____ minimum radiation exposure to patients, personnel, and other 1 persons in the immediate environment. 2 Sec. 5. Section 136C.14, subsection 2, Code 2011, is amended 3 to read as follows: 4 2. A person, other than a licensed professional, who 5 operates a radiation machine or uses radioactive materials 6 for medical treatment or diagnostic purposes shall display 7 make available upon request the credentials which indicate 8 that person’s qualification to operate the machine or use the 9 materials in the immediate vicinity of the machine or where 10 the materials are stored . A person who owns or controls the 11 machine or materials is also responsible for the proper display 12 of credentials of those who operate the machine or use the 13 materials and shall not employ a person to operate the machine 14 or use the materials for medical treatment or diagnostic 15 purposes except as provided in this section . 16 Sec. 6. Section 136D.2, subsections 4 and 5, Code 2011, are 17 amended to read as follows: 18 4. “Tanning device” means any equipment that emits 19 electromagnetic radiation with wavelengths in the air between 20 200 and 400 nanometers and that is used for tanning of human 21 skin, such as sunlamps, tanning booths , or tanning beds. 22 The term also includes any accompanying equipment such as 23 protective eyewear, timers, and handrails. 24 5. “Tanning facility” means a place that provides access 25 to tanning devices for compensation location, place, area, 26 structure, or business, or a part thereof, which provides 27 access to a tanning device for compensation . “Tanning facility” 28 may include but is not limited to a tanning salon, health club, 29 apartment, and condominium. 30 Sec. 7. Section 136D.8, subsection 2, Code 2011, is amended 31 by striking the subsection. 32 Sec. 8. NEW SECTION . 136D.9 Penalties. 33 1. A person who operates or uses a tanning device or tanning 34 facility in violation of this chapter or of any rule adopted 35 -3- LSB 5277XD (15) 84 ad/nh 3/ 22

S.F. _____ H.F. _____ pursuant to this chapter is guilty of a simple misdemeanor. 1 2. In addition to criminal penalties, the department may 2 impose a civil penalty not to exceed one thousand dollars 3 on a person who violates a provision of this chapter, a 4 rule adopted or order issued under this chapter, or a term, 5 condition, or limitation of a registration certificate issued 6 pursuant to this chapter, or who commits a violation for which 7 a registration certificate may be revoked under rules issued 8 pursuant to this chapter. Each day of continuing violation 9 constitutes a separate offense in computing the civil penalty. 10 3. The department shall notify a person of the intent to 11 impose a civil penalty against the person. The department 12 shall establish the notification process to include an 13 opportunity for the person to respond in writing, within a 14 reasonable time as the department shall establish by rule, 15 regarding reasons why the civil penalty should not be imposed. 16 4. The department may compromise, mitigate, or refund a 17 civil penalty imposed under this section. A person upon whom 18 a civil penalty is imposed may appeal the action pursuant to 19 chapter 17A. The department shall remit moneys collected from 20 civil penalties to the treasurer of the state who shall deposit 21 the moneys in the general fund of the state. 22 DIVISION III 23 NURSING HOME ADMINISTRATORS 24 Sec. 9. Section 155.1, unnumbered paragraph 1, Code 2011, 25 is amended to read as follows: 26 For the purposes of this chapter , and as used herein : 27 Sec. 10. Section 155.3, subsections 2 and 3, Code 2011, are 28 amended to read as follows: 29 2. The applicant has satisfactorily completed a course of 30 instruction and training prescribed by the board, which course 31 shall be so designed as to content and so administered as to 32 present sufficient knowledge of the needs properly to be served 33 by nursing homes; knowledge of the laws governing the operation 34 of nursing homes and the protection of the interests of 35 -4- LSB 5277XD (15) 84 ad/nh 4/ 22

S.F. _____ H.F. _____ patients therein; and knowledge of the elements of good nursing 1 home administration; or has presented evidence satisfactory to 2 the board of sufficient education, training, or experience in 3 the foregoing fields to administer, supervise, and manage a 4 nursing home. 5 3. The applicant has passed an examination administered 6 prescribed by the board and designed to test for competence in 7 the subject matter referred to in subsection 2 of this section 8 pursuant to section 147.34 . 9 Sec. 11. Section 155.4, Code 2011, is amended to read as 10 follows: 11 155.4 Licensing function. 12 The board shall license nursing home administrators in 13 accordance with this chapter, chapter 147, and rules issued , 14 and from time to time revised, by it by the board . A nursing 15 home administrator’s license shall not be transferable and , 16 if not inactive, shall be valid until revoked pursuant to 17 section 147.55 or voluntarily surrendered for cancellation 18 or suspended or revoked for violation of this chapter or any 19 other laws or regulations relating to the proper administration 20 and management of a nursing home . Any denial of issuance or 21 renewal, suspension, or revocation under any section of this 22 chapter shall be subject to judicial review in accordance with 23 the terms of the Iowa administrative procedure Act, chapter 24 17A . 25 Sec. 12. Section 155.5, Code 2011, is amended to read as 26 follows: 27 155.5 License fees. 28 Each person licensed as a nursing home administrator shall 29 be required to pay a license fee in an amount to be fixed by 30 the board. The license shall expire in multiyear intervals 31 determined by the board and be renewable and upon payment of 32 the license a renewal fee. A person who fails to renew a 33 license by the expiration date shall be allowed to do so within 34 thirty days following its expiration, but the board may assess 35 -5- LSB 5277XD (15) 84 ad/nh 5/ 22

S.F. _____ H.F. _____ a reasonable penalty. 1 Sec. 13. Section 155.9, Code 2011, is amended to read as 2 follows: 3 155.9 Duties of the board. 4 The In addition to the duties and responsibilities provided 5 in chapters 147 and 272C, the board shall have the duty and 6 responsibility to: 7 1. Develop, impose, and enforce standards which must be 8 met by individuals in order to receive a license as a nursing 9 home administrator, which standards shall be designed to 10 insure that nursing home administrators will be individuals 11 who, by training or experience in the field of institutional 12 administration, are qualified to serve as nursing home 13 administrators. 14 2. Develop and apply appropriate techniques, including 15 examination and investigations, for determining whether an 16 individual meets such standards. The board may administer 17 as many examinations per year as are necessary, but shall 18 administer at least one examination per year. Any written 19 examination may be given by representatives of the board. 20 Applicants who fail the examination once shall be allowed to 21 take the examination at the next scheduled time. Thereafter, 22 the applicant shall be allowed to take the examination at the 23 discretion of the board. An applicant who has failed the 24 examination may request in writing information from the board 25 concerning the applicant’s examination grade and subject areas 26 or questions which the applicant failed to answer correctly, 27 except that if the board administers a uniform, standardized 28 examination, the board shall only be required to provide the 29 examination grade and such other information concerning the 30 applicant’s examination results which are available to the 31 board. 32 3. Issue licenses to individuals who, after application 33 of such techniques, are found to have met such standards; and 34 for cause and after due notice and hearing, revoke or suspend 35 -6- LSB 5277XD (15) 84 ad/nh 6/ 22

S.F. _____ H.F. _____ licenses previously issued by such board in any case where 1 the individual holding such license is found to have failed 2 substantially to conform to the requirements of such standards. 3 The board may also accept the voluntary surrender of such 4 license without necessity of a hearing. In adopt rules for 5 granting a provisional license to an administrator appointed 6 on a temporary basis by a nursing home’s owner or owners in the 7 event of the inability of the regular administrator of a the 8 nursing home is unable to perform the administrator’s duties 9 or through death or other cause the nursing home is without 10 a licensed administrator , a provisional administrator may be 11 appointed on a temporary basis by the nursing home owner or 12 owners to perform such duties for a period not to exceed one 13 year because of death or other cause. Such provisional license 14 shall allow the provisional licensee to perform the duties of 15 a nursing home administrator. An individual shall not hold a 16 provisional license for more than twelve total combined months, 17 and the board may revoke or otherwise discipline a provisional 18 licensee for cause after due notice and a hearing on a charge 19 or complaint filed with the board . 20 4. Establish and carry out procedures designed to insure 21 that individuals licensed as nursing home administrators will, 22 during any period that they serve as such, comply with the 23 requirements of such standards. 24 5. Receive, investigate, and take appropriate action with 25 respect to any charge or complaint filed with the board to 26 the effect that any individual licensed as a nursing home 27 administrator has failed to comply with the requirements 28 of such standards. Such appropriate action may include 29 revocation of a license, if necessary, or placing the licensee 30 on probation for a period not exceeding six months, and shall 31 be taken only for cause after due notice and a hearing on the 32 charge or complaint. 33 6. Conduct a continuing study and investigation of nursing 34 homes, and administrators of nursing homes, in this state 35 -7- LSB 5277XD (15) 84 ad/nh 7/ 22

S.F. _____ H.F. _____ with a view to the improvement of the standards imposed for 1 the licensing of such administrators and of procedures and 2 methods for the enforcement of such standards with respect to 3 administrators of nursing homes who have been licensed as such. 4 7. Conduct, or cause to be conducted, one or more courses of 5 instruction and training sufficient to meet the requirements 6 of this chapter , and make provisions for such courses and 7 their accessibility to residents of this state unless it finds 8 that there are, and approves, a sufficient number of courses, 9 which courses are conducted by others within this state. In 10 lieu thereof the board may approve courses conducted within 11 and without this state as sufficient to meet the education and 12 training requirements of this chapter . 13 Sec. 14. Section 155.10, Code 2011, is amended by striking 14 the section and inserting in lieu thereof the following: 15 155.10 Continuing education. 16 Each person licensed as a nursing home administrator shall 17 be required to complete continuing education as a condition of 18 license renewal. Such continuing education requirements shall 19 be determined by the board. 20 Sec. 15. Section 155.14, Code 2011, is amended to read as 21 follows: 22 155.14 Applications. 23 Applications for licensure and for license renewal shall be 24 on forms in the format prescribed and furnished by the board 25 and shall not contain a recent photograph of the applicant . An 26 applicant shall not be ineligible for licensure because of age, 27 citizenship, sex, race, religion, marital status or national 28 origin although the application may require citizenship 29 information. The board may consider the past felony record of 30 an applicant only if the felony conviction relates directly 31 to the practice of nursing home administration. Character 32 references may be required, but shall not be obtained from 33 licensed nursing home administrators. 34 Sec. 16. NEW SECTION . 155.19 Voluntary surrender. 35 -8- LSB 5277XD (15) 84 ad/nh 8/ 22

S.F. _____ H.F. _____ The board may accept the voluntary surrender of a license if 1 accompanied by a written statement of intention. The voluntary 2 surrender, when accepted, shall have the same force and effect 3 as an order of revocation. 4 Sec. 17. REPEAL. Sections 155.2, 155.15, and 155.16, Code 5 2011, are repealed. 6 DIVISION IV 7 HEARING AID DISPENSERS 8 Sec. 18. Section 154A.7, Code 2011, is amended to read as 9 follows: 10 154A.7 Meetings and expenses Board meetings . 11 The members of the board shall receive actual expenses 12 incurred in the discharge of their duties within the limits of 13 funds appropriated to the board. Each member of the board may 14 also be eligible to receive compensation as provided in section 15 7E.6 . The board shall meet at least one time per year at the 16 seat of government and may hold additional meetings as deemed 17 necessary. Additional meetings shall be held at the call of 18 the chairperson or a majority of the members of the board. 19 At any meeting of the board, a majority of the members shall 20 constitute a quorum. 21 Sec. 19. Section 154A.10, Code 2011, is amended to read as 22 follows: 23 154A.10 Issuance of licenses. 24 After January 1, 1975, an An applicant may obtain a license, 25 if the applicant: 26 1. Successfully passes the qualifying examination 27 prescribed in section 154A.12 . 28 2. Is free of contagious or infectious disease. 29 3. Pays the necessary fees set by the board pursuant to 30 section 154A.17 . 31 Sec. 20. Section 154A.12, subsection 1, paragraph a, Code 32 2011, is amended to read as follows: 33 a. Written tests Evidence of knowledge in areas such as 34 physics of sound, anatomy and physiology of hearing, and the 35 -9- LSB 5277XD (15) 84 ad/nh 9/ 22

S.F. _____ H.F. _____ function of hearing aids, as these areas pertain to the fitting 1 or selection and sale of hearing aids. 2 Sec. 21. Section 154A.13, Code 2011, is amended to read as 3 follows: 4 154A.13 Temporary permit. 5 A person who has not been employed licensed as a hearing 6 aid dispenser prior to January 1, 1975, may obtain a temporary 7 permit from the department upon completion of the application 8 accompanied by the written verification of employment from a 9 licensed hearing aid dispenser. The department shall issue a 10 temporary permit for one year which shall not be renewed or 11 reissued. The fee for issuance of the temporary permit shall 12 be set by the board pursuant to section 154A.17 in accordance 13 with the provisions for establishment of fees in section 14 147.80 . The temporary permit entitles an applicant to engage 15 in the fitting or selection and sale of hearing aids under the 16 supervision of a person holding a valid license. 17 Sec. 22. Section 154A.23, Code 2011, is amended to read as 18 follows: 19 154A.23 Complaints Disciplinary orders —— attorney general . 20 Any person wishing to make a complaint against a licensee 21 or holder of a temporary permit shall file a written statement 22 with the board within twelve months from the date of the action 23 upon which the complaint is based. If the board determines 24 that the complaint alleges facts which, if proven, would be 25 cause for the suspension or revocation of the license of the 26 licensee or the permit of the holder of a temporary permit, 27 it shall make an order fixing a time and place for a hearing 28 and requiring the licensee or holder of a temporary permit 29 complained against to appear and defend. The order shall 30 contain a copy of the complaint, and the order and copy of 31 the complaint shall be served upon the licensee or holder 32 of a temporary permit at least twenty days before the date 33 set for hearing, either personally or as provided in section 34 154A.21 . Continuance or adjournment of a hearing date may be 35 -10- LSB 5277XD (15) 84 ad/nh 10/ 22

S.F. _____ H.F. _____ made for good cause. At the hearing the licensee or holder 1 of a temporary permit may be represented by counsel. The 2 licensee or holder of a temporary permit and the board may take 3 depositions in advance of hearing and after service of the 4 complaint, and either may compel the attendance of witnesses 5 by subpoenas issued by the board. The board shall issue such 6 subpoenas at the request of a licensee or holder of a temporary 7 permit. Either party taking depositions shall give at least 8 five days’ written notice to the other party of the time and 9 place of such depositions, and the other party may attend, with 10 counsel, if desired, and cross-examine. 11 If the board determines from the evidence and proofs 12 submitted that the licensee or holder of a temporary permit is 13 guilty of violating any of the provisions of this chapter , or 14 any of the regulations promulgated by the board pursuant to 15 this chapter , the department shall, within thirty days after 16 the hearing, issue an order refusing to issue or renew, or 17 revoking or suspending, as the case may be, the hearing aid 18 dispenser’s license or temporary permit. The order shall 19 include the findings of fact and the conclusions of law made by 20 the board and counsel. A copy of the order shall be sent to the 21 licensee or holder of a temporary permit by registered mail. 22 The records of the department shall reflect the action taken 23 by the board on the charges, and the department shall preserve 24 a record of the proceedings in a manner similar to that used by 25 courts of record in this state. 26 The final order of the board in the proceedings may be 27 appealed to the district court of the county where the licensee 28 or holder of a temporary permit resides, or in which the 29 licensed hearing aid dispenser’s principal place of business 30 is located. 31 The department shall send a copy of the complaint and 32 a copy of the board’s final order to the attorney general 33 for purposes of information in the event the licensee or 34 holder of a temporary permit pursues a court appeal and for 35 -11- LSB 5277XD (15) 84 ad/nh 11/ 22

S.F. _____ H.F. _____ consideration as to whether the violations are flagrant enough 1 to justify prosecution. The board shall forward a copy of 2 all final disciplinary orders, with associated complaints, 3 to the attorney general for consideration for prosecution or 4 enforcement when warranted. The attorney general and all 5 county attorneys shall assist the board and the department in 6 the enforcement of the provisions of this chapter . 7 Sec. 23. REPEAL. Sections 154A.2, 154A.3, 154A.4, 154A.5, 8 154A.6, 154A.8, 154A.9, 154A.11, 154A.14, 154A.15, 154A.17, and 9 154A.18, Code 2011, are repealed. 10 DIVISION V 11 LOCAL BOARDS OF HEALTH 12 Sec. 24. Section 135.1, subsection 6, Code 2011, is amended 13 by striking the subsection. 14 Sec. 25. Section 137.112, Code 2011, is amended by adding 15 the following new subsection: 16 NEW SUBSECTION . 4. This section does not apply to any 17 district board of health or district health department in 18 existence prior to July 1, 2010. 19 Sec. 26. Section 331.502, subsection 8, Code 2011, is 20 amended by striking the subsection. 21 Sec. 27. REPEAL. Section 135.32, Code 2011, is repealed. 22 Sec. 28. EFFECTIVE UPON ENACTMENT. The following provision 23 or provisions of this division of this Act, being deemed of 24 immediate importance, take effect upon enactment: 25 1. The section of this Act amending section 137.112. 26 Sec. 29. RETROACTIVE APPLICABILITY. The following 27 provision or provisions of this division of this Act apply 28 retroactively to July 1, 2010: 29 1. The section of this Act amending section 137.112. 30 DIVISION VI 31 GOVERNOR’S COUNCIL ON PHYSICAL FITNESS AND NUTRITION 32 Sec. 30. NEW SECTION . 135.27A Governor’s council on 33 physical fitness and nutrition. 34 1. A governor’s council on physical fitness and nutrition 35 -12- LSB 5277XD (15) 84 ad/nh 12/ 22

S.F. _____ H.F. _____ is established consisting of twelve members appointed by the 1 governor who have expertise in physical activity, physical 2 fitness, nutrition, and promoting healthy behaviors. At 3 least one member shall be a representative of elementary 4 and secondary physical education professionals, at least 5 one member shall be a health care professional, at least 6 one member shall be a registered dietician, at least one 7 member shall be recommended by the department on aging, and 8 at least one member shall be an active nutrition or fitness 9 professional. In addition, at least one member shall be a 10 member of a racial or ethnic minority. The governor shall 11 select a chairperson for the council. Members shall serve 12 terms of three years beginning and ending as provided in 13 section 69.19. Appointments are subject to sections 69.16 14 and 69.16A. Members are entitled to receive reimbursement for 15 actual expenses incurred while engaged in the performance of 16 official duties. A member of the council may also be eligible 17 to receive compensation as provided in section 7E.6. 18 2. The council shall assist in developing a strategy for 19 implementation of the statewide comprehensive plan developed 20 by the existing statewide initiative to increase physical 21 activity, improve physical fitness, improve nutrition, and 22 promote healthy behaviors. The strategy shall include specific 23 components relating to specific populations and settings 24 including early childhood, educational, local community, 25 worksite wellness, health care, and older Iowans. 26 3. The council shall assist the department in establishing 27 and promoting a best practices internet site. The internet 28 site shall provide examples of wellness best practices for 29 individuals, communities, workplaces, and schools and shall 30 include successful examples of both evidence-based and 31 nonscientific programs as a resource. 32 4. The council shall provide oversight for the governor’s 33 physical fitness challenge. The governor’s physical fitness 34 challenge shall be administered by the department and shall 35 -13- LSB 5277XD (15) 84 ad/nh 13/ 22

S.F. _____ H.F. _____ provide for the establishment of partnerships with communities 1 or school districts to offer the physical fitness challenge 2 curriculum to elementary and secondary school students. The 3 council shall develop the curriculum, including benchmarks and 4 rewards, for advancing the school wellness policy through the 5 challenge. 6 Sec. 31. RETROACTIVE APPLICABILITY. This division of this 7 Act applies retroactively to January 1, 2012. 8 Sec. 32. EFFECTIVE UPON ENACTMENT. This division of this 9 Act, being deemed of immediate importance, takes effect upon 10 enactment. 11 DIVISION VII 12 HIV CONFIDENTIALITY 13 Sec. 33. Section 141A.9, Code Supplement 2011, is amended by 14 adding the following new subsection: 15 NEW SUBSECTION . 8. Medical information secured pursuant 16 to subsection 1 may be shared with other state or federal 17 agencies, with employees or agents of the department, or with 18 local units of government that have a need for the information 19 in the performance of their duties related to HIV prevention, 20 disease surveillance, or care of persons with HIV, only as 21 necessary to administer the program for which the information 22 is collected or to administer a program within the other 23 agency. Confidential information transferred to other persons 24 or entities under this subsection shall continue to maintain 25 its confidential status and shall not be rereleased by the 26 receiving person or entity. 27 DIVISION VIII 28 REPEAL OF REPORTING REQUIREMENTS 29 Sec. 34. REPEAL. Section 135.165, Code 2011, is repealed. 30 EXPLANATION 31 This bill relates to programs and activities under the 32 purview of the department of public health (DPH). 33 Division I relates to the list of people who may issue 34 a burial transit permit. The bill provides that the state 35 -14- LSB 5277XD (15) 84 ad/nh 14/ 22

S.F. _____ H.F. _____ registrar of vital statistics may issue a burial transit 1 permit. The bill adds that a burial transit permit may not be 2 issued until a completed certificate of death or fetal death is 3 presented. The bill also states the county registrar of the 4 county where the death or fetal death occurred, rather than 5 where the certificate of death was filed, may issue a burial 6 transit permit. 7 Division II relates to radiological health. The bill 8 provides that a certification by the board of podiatry in 9 podiatric radiography does not satisfy the minimum training 10 standards and continuing education requirements for operation 11 of radiation machines. The bill also provides that enrollment 12 in a program of study approved by the DPH which includes 13 application of radiation to animals satisfies the minimum 14 training standards for operating radiation machines. This 15 would allow veterinary students to practice without a permit 16 while enrolled in a training program. 17 The bill allows the department to regulate the operators of 18 radiation machines and users of radioactive material. The bill 19 makes the department’s inspection of all radiation machines 20 and radioactive materials in the state permissive rather than 21 mandatory. The bill provides the department is no longer 22 required to evaluate the radiation machine or radioactive 23 material, the electrical hazards, or the adequacy of mechanical 24 supporting and restraining devices. 25 The bill amends Code section 136C.14 to state that a person 26 other than a licensed professional who operates a radiation 27 machine or uses radioactive materials for medical treatment 28 or diagnostic purposes does not need to display his or her 29 credentials, but the person must provide credentials upon 30 request. The bill also provides that a person who owns or 31 controls the machine is no longer responsible for the proper 32 display of such credentials. 33 The bill amends the definitions for “tanning device” and 34 “tanning facility”. The bill eliminates language stating that 35 -15- LSB 5277XD (15) 84 ad/nh 15/ 22

S.F. _____ H.F. _____ “tanning device” includes accompanying equipment. The bill 1 eliminates the current definition for a tanning facility and 2 provides that a “tanning facility” is not only a place for 3 providing access to tanning devices for compensation, but 4 also includes a place, area, structure, or business, or any 5 part thereof, that provides access to tanning devices for 6 compensation. The bill specifies that a tanning facility may 7 include but is not limited to a tanning salon, health club, 8 apartment, or condominium. 9 The bill inserts a penalty section into Code chapter 136 and 10 provides for the imposition of a civil penalty not to exceed 11 $1,000 on persons who violate a provision of the Code chapter, 12 a rule or order issued pursuant to the Code chapter, or a term, 13 condition, or limitation of a registration certificate issued 14 under the Code chapter. A civil penalty could also be imposed 15 on a person who commits a violation for which a registration 16 certificate may be revoked under the rules issued pursuant 17 to the Code chapter. Each day of a continuing violation 18 constitutes a separate offense for purposes of computing the 19 civil penalty. The department must establish a notification 20 process which includes an opportunity for the person facing the 21 civil penalty to respond in writing within a reasonable time 22 as set by the department. A person upon whom a civil penalty 23 is imposed may appeal pursuant to Code chapter 17A. The bill 24 also allows the department to compromise, mitigate, or refund a 25 civil penalty. The department must remit the penalty to the 26 treasurer of state who shall deposit the money into the general 27 fund of the state. 28 Division III relates to nursing home administrators. The 29 bill eliminates certain provisions in the Code chapter that are 30 duplicative or inconsistent with the provisions in Code chapter 31 147, relating to health-related professions generally. The 32 bill eliminates the requirement that an applicant for a nursing 33 home administrator license satisfactorily complete a course of 34 instruction and training that was designed and administered 35 -16- LSB 5277XD (15) 84 ad/nh 16/ 22

S.F. _____ H.F. _____ to present sufficient knowledge of the needs properly to be 1 served by nursing homes, knowledge of the laws governing the 2 operation of nursing homes and the protection of the interests 3 of patients, and knowledge of the elements of good nursing home 4 administration. The bill amends Code section 155.3 to state 5 that the board of nursing home administrators prescribes the 6 examination pursuant to Code section 147.34, which governs 7 the examinations required for licensure for health care 8 professions, rather than administering the exam that tests 9 for competence in the needs properly to be served by nursing 10 homes, laws governing the operation of nursing homes and the 11 protection of the interests of patients, and the elements of 12 good nursing home administration. 13 The bill adds that the board shall license nursing home 14 administrators in accordance with the rules as well as Code 15 chapters 147 and 155. The bill makes technical changes 16 regarding the terminology of a licensee’s voluntary or 17 involuntary loss of license and refers to Code section 147.55 18 for revocation of a nursing home administrator’s license while 19 eliminating language in Code section 155.4 subjecting any 20 denial of issuance or renewal, suspension, or revocation under 21 Code chapter 155 to the judicial review procedure under Code 22 chapter 17A. 23 The bill makes technical changes to the licensing fees 24 provision. The bill allows the board to determine the 25 multiyear interval in which a license shall expire and allows 26 for the license to be renewed upon payment of a renewal fee 27 rather than a license fee. 28 The bill provides that the board has the general duties 29 and responsibilities for health-related boards listed in Code 30 chapters 147 and 272C and strikes the board’s specific duties 31 relating to standards to be met by individuals in order to 32 receive licenses as nursing home administrators; techniques for 33 determining whether an individual meets the required standards; 34 the issuance of and disciplinary actions relating to licenses; 35 -17- LSB 5277XD (15) 84 ad/nh 17/ 22

S.F. _____ H.F. _____ and complaints against nursing home administrators. The bill 1 removes language allowing the board to conduct a continuing 2 study and investigation of nursing homes and administrators in 3 the state to improve the standards. The bill strikes language 4 allowing the board to conduct or cause to be conducted courses 5 of instruction and training sufficient to meet the requirements 6 of Code chapter 155. 7 The bill retains language in Code section 155.9 that allows 8 the board to establish rules to grant a provisional license to 9 an administrator, but makes technical changes. The bill allows 10 the board to grant a provisional license to an administrator 11 appointed on a temporary basis by a nursing home’s owner 12 if the regular administrator is unable to perform the 13 administrator’s duties or the nursing home is otherwise without 14 an administrator for some other reason. The bill strikes a 15 provision which states that an administrator appointed on a 16 temporary basis could not perform the duties for a period which 17 exceeds one year. The bill provides that a provisional license 18 can be held for no more than 12 combined months and the board 19 may revoke or otherwise discipline a person with a provisional 20 license for cause after due notice and a hearing. 21 The bill strikes the language in Code section 155.10 22 regarding renewal of licenses. Under the bill, Code chapter 23 272C would control the renewal of licenses. The bill provides 24 that a licensed nursing home administrator must complete 25 continuing education as a condition precedent for a license 26 renewal. The bill states the board will determine the 27 continuing education requirements. 28 The bill provides that applications for license renewal 29 shall be prescribed by the board. Under the amended language 30 of Code section 155.14, the bill states the board is not 31 required to furnish forms for licensure or license renewal. 32 The bill strikes the language regarding the characteristics the 33 board may consider when receiving an applicant’s application. 34 Under the bill the characteristics to consider for eligibility 35 -18- LSB 5277XD (15) 84 ad/nh 18/ 22