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) 84 ad/nh 1/ 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- LSB 6030YC (4) 84 ad/nh 2/ 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- LSB 6030YC (4) 84 ad/nh 3/ 17
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 -4- LSB 6030YC (4) 84 ad/nh 4/ 17
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- LSB 6030YC (4) 84 ad/nh 5/ 17
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 -6- LSB 6030YC (4) 84 ad/nh 6/ 17
H.F. _____ 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 -7- LSB 6030YC (4) 84 ad/nh 7/ 17
H.F. _____ 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 35 -8- LSB 6030YC (4) 84 ad/nh 8/ 17
H.F. _____ 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 -9- LSB 6030YC (4) 84 ad/nh 9/ 17
H.F. _____ 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 -10- LSB 6030YC (4) 84 ad/nh 10/ 17
H.F. _____ 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 -11- LSB 6030YC (4) 84 ad/nh 11/ 17
H.F. _____ 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 -12- LSB 6030YC (4) 84 ad/nh 12/ 17
H.F. _____ 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. 35 -13- LSB 6030YC (4) 84 ad/nh 13/ 17
H.F. _____ 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 35 -14- LSB 6030YC (4) 84 ad/nh 14/ 17
H.F. _____ 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 35 -15- LSB 6030YC (4) 84 ad/nh 15/ 17
H.F. _____ 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 35 -16- LSB 6030YC (4) 84 ad/nh 16/ 17
H.F. _____ 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. 3 -17- LSB 6030YC (4) 84 ad/nh 17/ 17