House
Study
Bill
622
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
MILLER)
A
BILL
FOR
An
Act
relating
to
department
of
public
health
programs
and
1
activities,
and
including
effective
and
applicability
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
6030YC
(4)
84
ad/nh
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
NURSING
HOME
ADMINISTRATORS
31
Sec.
2.
Section
155.1,
unnumbered
paragraph
1,
Code
2011,
32
is
amended
to
read
as
follows:
33
For
the
purposes
of
this
chapter
,
and
as
used
herein
:
34
Sec.
3.
Section
155.3,
subsections
2
and
3,
Code
2011,
are
35
-1-
LSB
6030YC
(4)
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17
H.F.
_____
amended
to
read
as
follows:
1
2.
The
applicant
has
satisfactorily
completed
a
course
of
2
instruction
and
training
prescribed
by
the
board,
which
course
3
shall
be
so
designed
as
to
content
and
so
administered
as
to
4
present
sufficient
knowledge
of
the
needs
properly
to
be
served
5
by
nursing
homes;
knowledge
of
the
laws
governing
the
operation
6
of
nursing
homes
and
the
protection
of
the
interests
of
7
patients
therein;
and
knowledge
of
the
elements
of
good
nursing
8
home
administration;
or
has
presented
evidence
satisfactory
to
9
the
board
of
sufficient
education,
training,
or
experience
in
10
the
foregoing
fields
to
administer,
supervise,
and
manage
a
11
nursing
home.
12
3.
The
applicant
has
passed
an
examination
administered
13
prescribed
by
the
board
and
designed
to
test
for
competence
in
14
the
subject
matter
referred
to
in
subsection
2
of
this
section
15
pursuant
to
section
147.34
.
16
Sec.
4.
Section
155.4,
Code
2011,
is
amended
to
read
as
17
follows:
18
155.4
Licensing
function.
19
The
board
shall
license
nursing
home
administrators
in
20
accordance
with
this
chapter,
chapter
147,
and
rules
issued
,
21
and
from
time
to
time
revised,
by
it
by
the
board
.
A
nursing
22
home
administrator’s
license
shall
not
be
transferable
and
,
23
if
not
inactive,
shall
be
valid
until
revoked
pursuant
to
24
section
147.55
or
voluntarily
surrendered
for
cancellation
25
or
suspended
or
revoked
for
violation
of
this
chapter
or
any
26
other
laws
or
regulations
relating
to
the
proper
administration
27
and
management
of
a
nursing
home
.
Any
denial
of
issuance
or
28
renewal,
suspension,
or
revocation
under
any
section
of
this
29
chapter
shall
be
subject
to
judicial
review
in
accordance
with
30
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
31
17A
.
32
Sec.
5.
Section
155.5,
Code
2011,
is
amended
to
read
as
33
follows:
34
155.5
License
fees.
35
-2-
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17
H.F.
_____
Each
person
licensed
as
a
nursing
home
administrator
shall
1
be
required
to
pay
a
license
fee
in
an
amount
to
be
fixed
by
2
the
board.
The
license
shall
expire
in
multiyear
intervals
3
determined
by
the
board
and
be
renewable
and
upon
payment
of
4
the
license
a
renewal
fee.
A
person
who
fails
to
renew
a
5
license
by
the
expiration
date
shall
be
allowed
to
do
so
within
6
thirty
days
following
its
expiration,
but
the
board
may
assess
7
a
reasonable
penalty.
8
Sec.
6.
Section
155.9,
Code
2011,
is
amended
to
read
as
9
follows:
10
155.9
Duties
of
the
board.
11
The
In
addition
to
the
duties
and
responsibilities
provided
12
in
chapters
147
and
272C,
the
board
shall
have
the
duty
and
13
responsibility
to:
14
1.
Develop,
impose,
and
enforce
standards
which
must
be
15
met
by
individuals
in
order
to
receive
a
license
as
a
nursing
16
home
administrator,
which
standards
shall
be
designed
to
17
insure
that
nursing
home
administrators
will
be
individuals
18
who,
by
training
or
experience
in
the
field
of
institutional
19
administration,
are
qualified
to
serve
as
nursing
home
20
administrators.
21
2.
Develop
and
apply
appropriate
techniques,
including
22
examination
and
investigations,
for
determining
whether
an
23
individual
meets
such
standards.
The
board
may
administer
24
as
many
examinations
per
year
as
are
necessary,
but
shall
25
administer
at
least
one
examination
per
year.
Any
written
26
examination
may
be
given
by
representatives
of
the
board.
27
Applicants
who
fail
the
examination
once
shall
be
allowed
to
28
take
the
examination
at
the
next
scheduled
time.
Thereafter,
29
the
applicant
shall
be
allowed
to
take
the
examination
at
the
30
discretion
of
the
board.
An
applicant
who
has
failed
the
31
examination
may
request
in
writing
information
from
the
board
32
concerning
the
applicant’s
examination
grade
and
subject
areas
33
or
questions
which
the
applicant
failed
to
answer
correctly,
34
except
that
if
the
board
administers
a
uniform,
standardized
35
-3-
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H.F.
_____
examination,
the
board
shall
only
be
required
to
provide
the
1
examination
grade
and
such
other
information
concerning
the
2
applicant’s
examination
results
which
are
available
to
the
3
board.
4
3.
Issue
licenses
to
individuals
who,
after
application
5
of
such
techniques,
are
found
to
have
met
such
standards;
and
6
for
cause
and
after
due
notice
and
hearing,
revoke
or
suspend
7
licenses
previously
issued
by
such
board
in
any
case
where
8
the
individual
holding
such
license
is
found
to
have
failed
9
substantially
to
conform
to
the
requirements
of
such
standards.
10
The
board
may
also
accept
the
voluntary
surrender
of
such
11
license
without
necessity
of
a
hearing.
In
adopt
rules
for
12
granting
a
provisional
license
to
an
administrator
appointed
13
on
a
temporary
basis
by
a
nursing
home’s
owner
or
owners
in
the
14
event
of
the
inability
of
the
regular
administrator
of
a
the
15
nursing
home
is
unable
to
perform
the
administrator’s
duties
16
or
through
death
or
other
cause
the
nursing
home
is
without
17
a
licensed
administrator
,
a
provisional
administrator
may
be
18
appointed
on
a
temporary
basis
by
the
nursing
home
owner
or
19
owners
to
perform
such
duties
for
a
period
not
to
exceed
one
20
year
because
of
death
or
other
cause.
Such
provisional
license
21
shall
allow
the
provisional
licensee
to
perform
the
duties
of
22
a
nursing
home
administrator.
An
individual
shall
not
hold
a
23
provisional
license
for
more
than
twelve
total
combined
months,
24
and
the
board
may
revoke
or
otherwise
discipline
a
provisional
25
licensee
for
cause
after
due
notice
and
a
hearing
on
a
charge
26
or
complaint
filed
with
the
board
.
27
4.
Establish
and
carry
out
procedures
designed
to
insure
28
that
individuals
licensed
as
nursing
home
administrators
will,
29
during
any
period
that
they
serve
as
such,
comply
with
the
30
requirements
of
such
standards.
31
5.
Receive,
investigate,
and
take
appropriate
action
with
32
respect
to
any
charge
or
complaint
filed
with
the
board
to
33
the
effect
that
any
individual
licensed
as
a
nursing
home
34
administrator
has
failed
to
comply
with
the
requirements
35
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H.F.
_____
of
such
standards.
Such
appropriate
action
may
include
1
revocation
of
a
license,
if
necessary,
or
placing
the
licensee
2
on
probation
for
a
period
not
exceeding
six
months,
and
shall
3
be
taken
only
for
cause
after
due
notice
and
a
hearing
on
the
4
charge
or
complaint.
5
6.
Conduct
a
continuing
study
and
investigation
of
nursing
6
homes,
and
administrators
of
nursing
homes,
in
this
state
7
with
a
view
to
the
improvement
of
the
standards
imposed
for
8
the
licensing
of
such
administrators
and
of
procedures
and
9
methods
for
the
enforcement
of
such
standards
with
respect
to
10
administrators
of
nursing
homes
who
have
been
licensed
as
such.
11
7.
Conduct,
or
cause
to
be
conducted,
one
or
more
courses
of
12
instruction
and
training
sufficient
to
meet
the
requirements
13
of
this
chapter
,
and
make
provisions
for
such
courses
and
14
their
accessibility
to
residents
of
this
state
unless
it
finds
15
that
there
are,
and
approves,
a
sufficient
number
of
courses,
16
which
courses
are
conducted
by
others
within
this
state.
In
17
lieu
thereof
the
board
may
approve
courses
conducted
within
18
and
without
this
state
as
sufficient
to
meet
the
education
and
19
training
requirements
of
this
chapter
.
20
Sec.
7.
Section
155.10,
Code
2011,
is
amended
by
striking
21
the
section
and
inserting
in
lieu
thereof
the
following:
22
155.10
Continuing
education.
23
Each
person
licensed
as
a
nursing
home
administrator
shall
24
be
required
to
complete
continuing
education
as
a
condition
of
25
license
renewal.
Such
continuing
education
requirements
shall
26
be
determined
by
the
board.
27
Sec.
8.
Section
155.14,
Code
2011,
is
amended
to
read
as
28
follows:
29
155.14
Applications.
30
Applications
for
licensure
and
for
license
renewal
shall
be
31
on
forms
in
the
format
prescribed
and
furnished
by
the
board
32
and
shall
not
contain
a
recent
photograph
of
the
applicant
.
An
33
applicant
shall
not
be
ineligible
for
licensure
because
of
age,
34
citizenship,
sex,
race,
religion,
marital
status
or
national
35
-5-
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H.F.
_____
origin
although
the
application
may
require
citizenship
1
information.
The
board
may
consider
the
past
felony
record
of
2
an
applicant
only
if
the
felony
conviction
relates
directly
3
to
the
practice
of
nursing
home
administration.
Character
4
references
may
be
required,
but
shall
not
be
obtained
from
5
licensed
nursing
home
administrators.
6
Sec.
9.
NEW
SECTION
.
155.19
Voluntary
surrender.
7
The
board
may
accept
the
voluntary
surrender
of
a
license
if
8
accompanied
by
a
written
statement
of
intention.
The
voluntary
9
surrender,
when
accepted,
shall
have
the
same
force
and
effect
10
as
an
order
of
revocation.
11
Sec.
10.
REPEAL.
Sections
155.2,
155.15,
and
155.16,
Code
12
2011,
are
repealed.
13
DIVISION
III
14
HEARING
AID
DISPENSERS
15
Sec.
11.
Section
154A.7,
Code
2011,
is
amended
to
read
as
16
follows:
17
154A.7
Meetings
and
expenses
Board
meetings
.
18
The
members
of
the
board
shall
receive
actual
expenses
19
incurred
in
the
discharge
of
their
duties
within
the
limits
of
20
funds
appropriated
to
the
board.
Each
member
of
the
board
may
21
also
be
eligible
to
receive
compensation
as
provided
in
section
22
7E.6
.
The
board
shall
meet
at
least
one
time
per
year
at
the
23
seat
of
government
and
may
hold
additional
meetings
as
deemed
24
necessary.
Additional
meetings
shall
be
held
at
the
call
of
25
the
chairperson
or
a
majority
of
the
members
of
the
board.
26
At
any
meeting
of
the
board,
a
majority
of
the
members
shall
27
constitute
a
quorum.
28
Sec.
12.
Section
154A.10,
Code
2011,
is
amended
to
read
as
29
follows:
30
154A.10
Issuance
of
licenses.
31
After
January
1,
1975,
an
An
applicant
may
obtain
a
license,
32
if
the
applicant:
33
1.
Successfully
passes
the
qualifying
examination
34
prescribed
in
section
154A.12
.
35
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_____
2.
Is
free
of
contagious
or
infectious
disease.
1
3.
Pays
the
necessary
fees
set
by
the
board
pursuant
to
2
section
154A.17
.
3
Sec.
13.
Section
154A.12,
subsection
1,
paragraph
a,
Code
4
2011,
is
amended
to
read
as
follows:
5
a.
Written
tests
Evidence
of
knowledge
in
areas
such
as
6
physics
of
sound,
anatomy
and
physiology
of
hearing,
and
the
7
function
of
hearing
aids,
as
these
areas
pertain
to
the
fitting
8
or
selection
and
sale
of
hearing
aids.
9
Sec.
14.
Section
154A.13,
Code
2011,
is
amended
to
read
as
10
follows:
11
154A.13
Temporary
permit.
12
A
person
who
has
not
been
employed
licensed
as
a
hearing
13
aid
dispenser
prior
to
January
1,
1975,
may
obtain
a
temporary
14
permit
from
the
department
upon
completion
of
the
application
15
accompanied
by
the
written
verification
of
employment
from
a
16
licensed
hearing
aid
dispenser.
The
department
shall
issue
a
17
temporary
permit
for
one
year
which
shall
not
be
renewed
or
18
reissued.
The
fee
for
issuance
of
the
temporary
permit
shall
19
be
set
by
the
board
pursuant
to
section
154A.17
in
accordance
20
with
the
provisions
for
establishment
of
fees
in
section
21
147.80
.
The
temporary
permit
entitles
an
applicant
to
engage
22
in
the
fitting
or
selection
and
sale
of
hearing
aids
under
the
23
supervision
of
a
person
holding
a
valid
license.
24
Sec.
15.
Section
154A.23,
Code
2011,
is
amended
to
read
as
25
follows:
26
154A.23
Complaints
Disciplinary
orders
——
attorney
general
.
27
Any
person
wishing
to
make
a
complaint
against
a
licensee
28
or
holder
of
a
temporary
permit
shall
file
a
written
statement
29
with
the
board
within
twelve
months
from
the
date
of
the
action
30
upon
which
the
complaint
is
based.
If
the
board
determines
31
that
the
complaint
alleges
facts
which,
if
proven,
would
be
32
cause
for
the
suspension
or
revocation
of
the
license
of
the
33
licensee
or
the
permit
of
the
holder
of
a
temporary
permit,
34
it
shall
make
an
order
fixing
a
time
and
place
for
a
hearing
35
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and
requiring
the
licensee
or
holder
of
a
temporary
permit
1
complained
against
to
appear
and
defend.
The
order
shall
2
contain
a
copy
of
the
complaint,
and
the
order
and
copy
of
3
the
complaint
shall
be
served
upon
the
licensee
or
holder
4
of
a
temporary
permit
at
least
twenty
days
before
the
date
5
set
for
hearing,
either
personally
or
as
provided
in
section
6
154A.21
.
Continuance
or
adjournment
of
a
hearing
date
may
be
7
made
for
good
cause.
At
the
hearing
the
licensee
or
holder
8
of
a
temporary
permit
may
be
represented
by
counsel.
The
9
licensee
or
holder
of
a
temporary
permit
and
the
board
may
take
10
depositions
in
advance
of
hearing
and
after
service
of
the
11
complaint,
and
either
may
compel
the
attendance
of
witnesses
12
by
subpoenas
issued
by
the
board.
The
board
shall
issue
such
13
subpoenas
at
the
request
of
a
licensee
or
holder
of
a
temporary
14
permit.
Either
party
taking
depositions
shall
give
at
least
15
five
days’
written
notice
to
the
other
party
of
the
time
and
16
place
of
such
depositions,
and
the
other
party
may
attend,
with
17
counsel,
if
desired,
and
cross-examine.
18
If
the
board
determines
from
the
evidence
and
proofs
19
submitted
that
the
licensee
or
holder
of
a
temporary
permit
is
20
guilty
of
violating
any
of
the
provisions
of
this
chapter
,
or
21
any
of
the
regulations
promulgated
by
the
board
pursuant
to
22
this
chapter
,
the
department
shall,
within
thirty
days
after
23
the
hearing,
issue
an
order
refusing
to
issue
or
renew,
or
24
revoking
or
suspending,
as
the
case
may
be,
the
hearing
aid
25
dispenser’s
license
or
temporary
permit.
The
order
shall
26
include
the
findings
of
fact
and
the
conclusions
of
law
made
by
27
the
board
and
counsel.
A
copy
of
the
order
shall
be
sent
to
the
28
licensee
or
holder
of
a
temporary
permit
by
registered
mail.
29
The
records
of
the
department
shall
reflect
the
action
taken
30
by
the
board
on
the
charges,
and
the
department
shall
preserve
31
a
record
of
the
proceedings
in
a
manner
similar
to
that
used
by
32
courts
of
record
in
this
state.
33
The
final
order
of
the
board
in
the
proceedings
may
be
34
appealed
to
the
district
court
of
the
county
where
the
licensee
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_____
or
holder
of
a
temporary
permit
resides,
or
in
which
the
1
licensed
hearing
aid
dispenser’s
principal
place
of
business
2
is
located.
3
The
department
shall
send
a
copy
of
the
complaint
and
4
a
copy
of
the
board’s
final
order
to
the
attorney
general
5
for
purposes
of
information
in
the
event
the
licensee
or
6
holder
of
a
temporary
permit
pursues
a
court
appeal
and
for
7
consideration
as
to
whether
the
violations
are
flagrant
enough
8
to
justify
prosecution.
The
board
shall
forward
a
copy
of
9
all
final
disciplinary
orders,
with
associated
complaints,
10
to
the
attorney
general
for
consideration
for
prosecution
or
11
enforcement
when
warranted.
The
attorney
general
and
all
12
county
attorneys
shall
assist
the
board
and
the
department
in
13
the
enforcement
of
the
provisions
of
this
chapter
.
14
Sec.
16.
REPEAL.
Sections
154A.2,
154A.3,
154A.4,
154A.5,
15
154A.6,
154A.8,
154A.9,
154A.11,
154A.14,
154A.15,
154A.17,
and
16
154A.18,
Code
2011,
are
repealed.
17
DIVISION
IV
18
LOCAL
BOARDS
OF
HEALTH
19
Sec.
17.
Section
135.1,
subsection
6,
Code
2011,
is
amended
20
by
striking
the
subsection.
21
Sec.
18.
Section
137.112,
Code
2011,
is
amended
by
adding
22
the
following
new
subsection:
23
NEW
SUBSECTION
.
4.
This
section
does
not
apply
to
any
24
district
board
of
health
or
district
health
department
in
25
existence
prior
to
July
1,
2010.
26
Sec.
19.
Section
331.502,
subsection
8,
Code
2011,
is
27
amended
by
striking
the
subsection.
28
Sec.
20.
REPEAL.
Section
135.32,
Code
2011,
is
repealed.
29
Sec.
21.
EFFECTIVE
UPON
ENACTMENT.
The
following
provision
30
or
provisions
of
this
division
of
this
Act,
being
deemed
of
31
immediate
importance,
take
effect
upon
enactment:
32
1.
The
section
of
this
Act
amending
section
137.112.
33
Sec.
22.
RETROACTIVE
APPLICABILITY.
The
following
34
provision
or
provisions
of
this
division
of
this
Act
apply
35
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_____
retroactively
to
July
1,
2010:
1
1.
The
section
of
this
Act
amending
section
137.112.
2
DIVISION
V
3
FEDERAL
GRANTS
REPORTING
4
Sec.
23.
Section
135.11,
Code
Supplement
2011,
is
amended
by
5
adding
the
following
new
subsection:
6
NEW
SUBSECTION
.
31.
Report
to
the
chairpersons
and
ranking
7
members
of
the
joint
appropriations
subcommittee
on
health
8
and
human
services,
the
legislative
services
agency,
the
9
legislative
caucus
staffs,
and
the
department
of
management
10
within
sixty
calendar
days
of
applying
for
or
renewing
a
11
federal
grant
with
a
value
over
one
thousand
dollars.
The
12
report
shall
list
the
federal
funding
source
and
address
the
13
potential
need
for
the
commitment
of
state
funding
in
order
to
14
match
or
continue
the
funding
provided
by
the
federal
grant
in
15
the
present
or
future.
16
DIVISION
VI
17
HIV
CONFIDENTIALITY
18
Sec.
24.
Section
141A.9,
Code
Supplement
2011,
is
amended
by
19
adding
the
following
new
subsection:
20
NEW
SUBSECTION
.
8.
Medical
information
secured
pursuant
21
to
subsection
1
may
be
shared
with
other
state
or
federal
22
agencies,
with
employees
or
agents
of
the
department,
or
with
23
local
units
of
government
that
have
a
need
for
the
information
24
in
the
performance
of
their
duties
related
to
HIV
prevention,
25
disease
surveillance,
or
care
of
persons
with
HIV,
only
as
26
necessary
to
administer
the
program
for
which
the
information
27
is
collected
or
to
administer
a
program
within
the
other
28
agency.
Confidential
information
transferred
to
other
persons
29
or
entities
under
this
subsection
shall
continue
to
maintain
30
its
confidential
status
and
shall
not
be
rereleased
by
the
31
receiving
person
or
entity.
32
DIVISION
VII
33
REPEAL
OF
REPORTING
REQUIREMENTS
34
Sec.
25.
REPEAL.
Section
135.165,
Code
2011,
is
repealed.
35
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EXPLANATION
1
This
bill
relates
to
programs
and
activities
under
the
2
purview
of
the
department
of
public
health.
3
Division
I
relates
to
the
list
of
people
who
may
issue
4
a
burial
transit
permit.
The
bill
provides
that
the
state
5
registrar
of
vital
statistics
may
issue
a
burial
transit
6
permit.
The
bill
adds
that
a
burial
transit
permit
may
not
be
7
issued
until
a
completed
certificate
of
death
or
fetal
death
is
8
presented.
The
bill
also
states
the
county
registrar
of
the
9
county
where
the
death
or
fetal
death
occurred,
rather
than
10
where
the
certificate
of
death
was
filed,
may
issue
a
burial
11
transit
permit.
12
Division
II
relates
to
nursing
home
administrators.
The
13
bill
eliminates
certain
provisions
in
the
Code
chapter
that
are
14
duplicative
or
inconsistent
with
the
provisions
in
Code
chapter
15
147,
relating
to
health-related
professions
generally.
The
16
bill
eliminates
the
requirement
that
an
applicant
for
a
nursing
17
home
administrator
license
satisfactorily
complete
a
course
of
18
instruction
and
training
that
was
designed
and
administered
19
to
present
sufficient
knowledge
of
the
needs
properly
to
be
20
served
by
nursing
homes,
knowledge
of
the
laws
governing
the
21
operation
of
nursing
homes
and
the
protection
of
the
interests
22
of
patients,
and
knowledge
of
the
elements
of
good
nursing
home
23
administration.
The
bill
amends
Code
section
155.3
to
state
24
that
the
board
of
nursing
home
administrators
prescribes
the
25
examination
pursuant
to
Code
section
147.34,
which
governs
26
the
examinations
required
for
licensure
for
health
care
27
professions,
rather
than
administering
the
exam
that
tests
28
for
competence
in
the
needs
properly
to
be
served
by
nursing
29
homes,
laws
governing
the
operation
of
nursing
homes
and
the
30
protection
of
the
interests
of
patients,
and
the
elements
of
31
good
nursing
home
administration.
32
The
bill
adds
that
the
board
shall
license
nursing
home
33
administrators
in
accordance
with
the
rules
as
well
as
Code
34
chapters
147
and
155.
The
bill
makes
technical
changes
35
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_____
regarding
the
terminology
of
a
licensee’s
voluntary
or
1
involuntary
loss
of
license
and
refers
to
Code
section
147.55
2
for
revocation
of
a
nursing
home
administrator’s
license
while
3
eliminating
language
in
Code
section
155.4
subjecting
any
4
denial
of
issuance
or
renewal,
suspension,
or
revocation
under
5
Code
chapter
155
to
the
judicial
review
procedure
under
Code
6
chapter
17A.
7
The
bill
makes
technical
changes
to
the
licensing
fees
8
provision.
The
bill
allows
the
board
to
determine
the
9
multiyear
interval
in
which
a
license
shall
expire
and
allows
10
for
the
license
to
be
renewed
upon
payment
of
a
renewal
fee
11
rather
than
a
license
fee.
12
The
bill
provides
that
the
board
has
the
general
duties
13
and
responsibilities
for
health-related
boards
listed
in
Code
14
chapters
147
and
272C
and
strikes
the
board’s
specific
duties
15
relating
to
standards
to
be
met
by
individuals
in
order
to
16
receive
licenses
as
nursing
home
administrators;
techniques
for
17
determining
whether
an
individual
meets
the
required
standards;
18
the
issuance
of
and
disciplinary
actions
relating
to
licenses;
19
and
complaints
against
nursing
home
administrators.
The
bill
20
removes
language
allowing
the
board
to
conduct
a
continuing
21
study
and
investigation
of
nursing
homes
and
administrators
in
22
the
state
to
improve
the
standards.
The
bill
strikes
language
23
allowing
the
board
to
conduct
or
cause
to
be
conducted
courses
24
of
instruction
and
training
sufficient
to
meet
the
requirements
25
of
Code
chapter
155.
26
The
bill
retains
language
in
Code
section
155.9
that
allows
27
the
board
to
establish
rules
to
grant
a
provisional
license
to
28
an
administrator,
but
makes
technical
changes.
The
bill
allows
29
the
board
to
grant
a
provisional
license
to
an
administrator
30
appointed
on
a
temporary
basis
by
a
nursing
home’s
owner
31
if
the
regular
administrator
is
unable
to
perform
the
32
administrator’s
duties
or
the
nursing
home
is
otherwise
without
33
an
administrator
for
some
other
reason.
The
bill
strikes
a
34
provision
which
states
that
an
administrator
appointed
on
a
35
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_____
temporary
basis
could
not
perform
the
duties
for
a
period
which
1
exceeds
one
year.
The
bill
provides
that
a
provisional
license
2
can
be
held
for
no
more
than
12
combined
months
and
the
board
3
may
revoke
or
otherwise
discipline
a
person
with
a
provisional
4
license
for
cause
after
due
notice
and
a
hearing.
5
The
bill
strikes
the
language
in
Code
section
155.10
6
regarding
renewal
of
licenses.
Under
the
bill,
Code
chapter
7
272C
would
control
the
renewal
of
licenses.
The
bill
provides
8
that
a
licensed
nursing
home
administrator
must
complete
9
continuing
education
as
a
condition
precedent
for
a
license
10
renewal.
The
bill
states
the
board
will
determine
the
11
continuing
education
requirements.
12
The
bill
provides
that
applications
for
license
renewal
13
shall
be
prescribed
by
the
board.
Under
the
amended
language
14
of
Code
section
155.14,
the
bill
states
the
board
is
not
15
required
to
furnish
forms
for
licensure
or
license
renewal.
16
The
bill
strikes
the
language
regarding
the
characteristics
the
17
board
may
consider
when
receiving
an
applicant’s
application.
18
Under
the
bill
the
characteristics
to
consider
for
eligibility
19
would
be
controlled
by
Code
section
147.3.
20
The
bill
also
adds
a
section
to
Code
chapter
155
regarding
a
21
licensee’s
voluntary
surrender
of
a
license.
The
bill
states
22
the
board
may
accept
a
voluntary
surrender
if
it
is
accompanied
23
by
a
written
statement
of
intention.
The
voluntary
surrender
24
will
have
the
same
force
and
effect
as
revocation
after
the
25
surrender
is
accepted.
26
The
bill
repeals
the
language
regarding
the
composition
27
of
the
board
of
nursing
home
administrators.
The
board’s
28
composition
is
governed
by
Code
sections
147.12
through
147.20
29
and
147.82.
The
bill
repeals
the
language
in
section
155.15
30
regarding
the
fees
for
examination,
licensure,
and
renewal
of
31
licensure.
The
language
in
Code
section
147.80
would
control.
32
The
bill
also
repeals
language
in
Code
section
155.16
regarding
33
the
public
members
of
the
board,
making
the
language
in
Code
34
section
147.21
applicable.
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_____
Division
III
relates
to
hearing
aid
dispensers.
The
bill
1
eliminates
certain
provisions
within
Code
chapter
154A
as
Code
2
chapter
147
regarding
health-related
professions
now
governs
3
the
board
of
hearing
aid
dispensers
in
its
provisions.
4
The
bill
eliminates
language
in
Code
section
154A.7
5
regarding
board
members’
expenses
for
discharging
duties
and
6
members’
eligibility
to
receive
compensation
provided
in
Code
7
section
7E.6.
The
bill
also
eliminates
language
in
Code
8
section
154A.7
regarding
a
quorum.
The
language
on
board
9
members’
expenses
and
compensation
is
provided
in
Code
section
10
147.24
and
the
language
on
a
board
quorum
is
provided
by
Code
11
section
147.14(2).
12
The
bill
eliminates
language
regarding
the
date
on
which
an
13
applicant
may
obtain
a
license
and
deletes
the
reference
to
the
14
fee
provision
in
Code
section
154A.17.
15
The
bill
amends
Code
section
154A.12
regarding
the
scope
of
16
examination
to
require
evidence,
rather
than
a
written
test,
of
17
the
applicant’s
knowledge
in
areas
such
as
physics
of
sound,
18
anatomy
and
physiology
of
hearing,
and
function
of
hearing
19
aids.
20
The
bill
amends
Code
section
154A.13
regarding
temporary
21
permits
and
states
that
only
an
individual
who
has
not
been
22
licensed
as
a
hearing
aid
dispenser,
rather
than
a
person
who
23
has
not
been
employed
as
a
hearing
aid
dispenser,
may
obtain
24
a
temporary
permit.
The
bill
also
states
that
a
fee
for
a
25
temporary
permit
will
be
set
by
the
board
pursuant
to
Code
26
section
147.80
rather
than
Code
section
154A.17,
which
is
27
repealed
under
the
bill.
28
The
bill
removes
language
from
Code
chapter
154A
regarding
29
the
process
for
filing
a
complaint
against
a
licensee
or
holder
30
of
a
temporary
permit,
the
hearing
process,
the
required
31
elements
of
a
board’s
order,
the
notice
of
the
order,
and
the
32
right
to
appeal
the
board’s
final
order.
Under
the
bill,
33
complaints
would
be
governed
by
Code
chapters
17A,
147,
and
34
272C.
The
bill
amends
Code
section
154A.23
to
allow
the
board
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to
forward
a
copy
of
final
disciplinary
orders
along
with
1
the
complaint
to
the
attorney
general
for
consideration
for
2
prosecution
or
enforcement
when
warranted.
3
The
bill
repeals
Code
section
154A.2
regarding
the
4
establishment
of
the
board;
Code
section
154A.3
regarding
5
terms
of
board
members;
Code
section
154A.4
regarding
duties
6
of
the
board;
Code
section
154A.5
regarding
public
members
7
of
the
board;
Code
section
154A.6,
regarding
disclosure
of
8
confidential
information
(the
governing
provision
in
Code
9
section
147.21(2)
does
not
contain
a
provision
which
prohibits
10
the
disclosure
of
an
applicant’s
criminal
history);
Code
11
section
154A.8
regarding
duties
of
the
board;
Code
section
12
154A.9
regarding
applications
for
licensure;
Code
section
13
154A.11
regarding
examinations
(however,
the
governing
14
provision
in
Code
section
147.34
does
not
require
examinations
15
to
occur
at
least
once
a
year
and
does
not
require
the
identity
16
of
the
applicant
to
be
concealed
until
after
the
grading
17
of
the
exam);
Code
section
154A.14
concerning
reciprocity;
18
Code
section
154A.15
concerning
license
renewal
(however,
19
Code
section
147.10
does
not
require
the
department
to
mail
20
notice
of
the
expiration
date
of
a
license
at
least
a
month
21
in
advance);
and
Code
section
154A.17
regarding
fees.
Code
22
section
154A.18,
regarding
the
display
of
the
license
is
23
also
repealed,
however,
Code
sections
147.6
and
147.7
do
not
24
prohibit
a
person
from
engaging
in
business
as
a
hearing
aid
25
dispenser
or
displaying
a
sign
or
advertising
to
be
a
hearing
26
aid
dispenser
without
a
valid
license
nor
do
the
Code
sections
27
require
the
license
to
be
conspicuously
posted
in
the
person’s
28
primary
location
of
practice.
The
Code
sections
instead
state
29
that
a
license
is
presumptive
evidence
of
the
right
to
practice
30
and
a
board
may
require
every
person
licensed
by
the
board
to
31
publicly
display
the
license
and
evidence
of
current
renewal.
32
Division
IV
relates
to
local
boards
of
health.
The
bill
33
strikes
the
definition
of
“sanitation
officer”.
The
bill
34
states
that
the
district
public
health
fund
budget
provisions
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do
not
apply
to
a
district
board
of
health
or
district
health
1
department
in
existence
prior
to
July
1,
2010.
The
bill
2
repeals
the
department’s
duty
to
publish
and
distribute
3
its
rules
to
the
counties.
The
bill
provides
an
immediate
4
effective
date
and
retroactive
date
for
the
application
of
5
the
provisions
of
the
health
fund
budget
only
to
the
district
6
boards
of
health
or
district
health
departments
in
existence
7
prior
to
July
1,
2010.
8
Division
V
relates
to
reporting
on
federal
grants.
The
9
bill
requires
the
department
of
public
health
to
report
to
10
chairpersons
and
ranking
members
of
the
joint
appropriations
11
subcommittee
on
health
and
human
services,
the
legislative
12
services
agency,
the
legislative
caucus
staffs,
and
the
13
department
of
management
within
60
days
of
applying
for
or
14
renewing
a
federal
grant
valued
at
over
$1,000.
The
report
15
must
list
the
federal
funding
source
and
address
the
need
16
for
the
commitment
of
state
funding
to
match
or
continue
the
17
funding
provided
by
the
federal
grant.
18
Division
VI
relates
to
HIV
confidentiality.
The
bill
adds
a
19
new
provision
allowing
medical
information
secured
pursuant
to
20
Code
section
141A.9
to
be
shared
with
other
state
or
federal
21
agencies,
employees
or
agents
of
the
department,
or
with
local
22
units
of
government.
The
information
may
be
shared
when
23
the
persons
or
entities
have
a
need
for
the
information
in
24
the
performance
of
their
duties
related
to
HIV
prevention,
25
disease
surveillance,
or
care
of
persons
with
HIV
and
only
as
26
necessary
to
administer
the
program
for
which
the
information
27
is
collected
or
to
administer
a
program
within
the
other
28
agency.
The
confidential
information
transferred
maintains
its
29
confidential
status
and
the
receiving
entity
may
not
rerelease
30
the
information.
31
Division
VII
relates
to
reporting
requirements
for
hospitals
32
and
nursing
facilities.
The
bill
repeals
Code
section
33
135.165,
which
requires
hospitals
and
nursing
facilities
that
34
are
recognized
by
the
Internal
Revenue
Code
as
a
nonprofit
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organization
or
entity
to
annually
submit
a
copy
of
the
1
internal
revenue
service
form
990
to
the
department
of
public
2
health
and
the
legislative
services
agency.
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