SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC HEALTH BILL)

A BILL FOR

An Act relating to programs and activities under the purview of the department of public health, providing for a penalty, and including effective and applicability date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

BURIAL TRANSIT PERMIT
    Section 1.  Section 144.32, Code 2011, is amended to read as follows:
   144.32  Burial transit permit.
   1.  If a person other than a funeral director, medical examiner, or emergency medical service assumes custody of a dead body or fetus, the person shall secure a burial transit permit. To be valid, the burial transit permit must
 
shall be issued by the county medical examiner, a funeral director, or the county registrar of the county where the certificate of death or fetal death was filed
 
occurred, or the state registrar. 
 
The permit shall be issued only upon presentation of a completed certificate of death or fetal death. The permit shall be obtained prior to the removal of the body or fetus from the place of death and the permit shall accompany the body or fetus to the place of final disposition.
   2.  To transfer a dead body or fetus outside of this state, the funeral director who first assumes custody of the dead body or fetus shall obtain a burial transit permit prior to the transfer. The permit shall accompany the dead body or fetus to the place of final disposition.
   3.  A dead body or fetus brought into this state for final disposition shall be accompanied by a burial transit permit under the law of the state in which the death occurred.
   4.  A burial transit permit shall not be issued to a person other than a funeral director when the cause of death is or is suspected to be a communicable disease as defined by rule of the department.

DIVISION II

RADIOLOGICAL HEALTH
    Sec. 2.  Section 136C.3, subsection 2, Code 2011, is amended to read as follows:
   2.  Establish minimum training standards including continuing education requirements, and administer examinations and disciplinary procedures for operators of radiation machines and users of radioactive materials. A state of Iowa license to practice medicine, osteopathic medicine, chiropractic, podiatry, dentistry, dental hygiene, or veterinary medicine, or licensure as a physician assistant pursuant to chapter 148C, or certification by the dental board in dental radiography, or by the board of podiatry in podiatric radiography, or enrollment in a program or course of study approved by the Iowa department of public health which includes the application of radiation to humans
 
or animals satisfies the minimum training standards for operation of radiation machines only.
    Sec. 3.  Section 136C.3, subsection 5, Code 2011, is amended to read as follows:
   5.  Issue orders as necessary in connection with licensing and registration of radiation machines and radioactive materials
 
and the operators or users thereof.
    Sec. 4.  Section 136C.8, Code 2011, is amended to read as follows:
   136C.8  Inspections.
   The department shall
 
may inspect all radiation machines and radioactive materials located in this state, for the purpose of detecting, abating, or eliminating excessive radiation exposure hazards. The inspection shall include but shall not be limited to an evaluation of the radiation machine or radioactive material as well as the immediate environment to ensure that in using the machines or materials all unnecessary hazards for patients, personnel, and other persons who may be exposed to radiation produced by the machine or materials are avoided. The inspection shall also include an evaluation of electrical hazards as well as the adequacy of mechanical supporting and restraining devices. All defects and deficiencies noted by the inspector shall be fully disclosed and discussed with the responsible persons at the time of inspection. The department shall establish rules prescribing operating procedures for radiation machines and radioactive materials which ensure minimum radiation exposure to patients, personnel, and other persons in the immediate environment.
    Sec. 5.  Section 136C.14, subsection 2, Code 2011, is amended to read as follows:
   2.  A person, other than a licensed professional, who operates a radiation machine or uses radioactive materials for medical treatment or diagnostic purposes shall display
 
make available upon request the credentials which indicate that person’s qualification to operate the machine or use the materials in the immediate vicinity of the machine or where the materials are stored. A person who owns or controls the machine or materials is also responsible for the proper display of credentials of those who operate the machine or use the materials and shall not employ a person to operate the machine or use the materials for medical treatment or diagnostic purposes except as provided in this section.
    Sec. 6.  Section 136D.2, subsections 4 and 5, Code 2011, are amended to read as follows:
   4.  “Tanning device” means any equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin, such as sunlamps, tanning booths, or tanning beds. The term also includes any accompanying equipment such as protective eyewear, timers, and handrails.
   5.  “Tanning facility” means a place that provides access to tanning devices for compensation
 
location, place, area, structure, or business, or a part thereof, which provides access to a tanning device for compensation. 
 
“Tanning facility” may include but is not limited to a tanning salon, health club, apartment, and condominium.
    Sec. 7.  Section 136D.8, subsection 2, Code 2011, is amended by striking the subsection.
    Sec. 8.  NEW SECTION.  136D.9  Penalties.
   1.  A person who operates or uses a tanning device or tanning facility in violation of this chapter or of any rule adopted pursuant to this chapter is guilty of a simple misdemeanor.
   2.  In addition to criminal penalties, the department may impose a civil penalty not to exceed one thousand dollars on a person who violates a provision of this chapter, a rule adopted or order issued under this chapter, or a term, condition, or limitation of a registration certificate issued pursuant to this chapter, or who commits a violation for which a registration certificate may be revoked under rules issued pursuant to this chapter. Each day of continuing violation constitutes a separate offense in computing the civil penalty.
   3.  The department shall notify a person of the intent to impose a civil penalty against the person. The department shall establish the notification process to include an opportunity for the person to respond in writing, within a reasonable time as the department shall establish by rule, regarding reasons why the civil penalty should not be imposed.
   4.  The department may compromise, mitigate, or refund a civil penalty imposed under this section. A person upon whom a civil penalty is imposed may appeal the action pursuant to chapter 17A. The department shall remit moneys collected from civil penalties to the treasurer of the state who shall deposit the moneys in the general fund of the state.

DIVISION III

NURSING HOME ADMINISTRATORS
    Sec. 9.  Section 155.1, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   For the purposes of this chapter, and as used herein:
    Sec. 10.  Section 155.3, subsections 2 and 3, Code 2011, are amended to read as follows:
   2.  The applicant has satisfactorily completed a course of instruction and training prescribed by the board, which course shall be so designed as to content and so administered as to present sufficient knowledge of the needs properly to be served by nursing homes; knowledge of the laws governing the operation of nursing homes and the protection of the interests of patients therein; and knowledge of the elements of good nursing home administration; or has presented evidence satisfactory to the board of sufficient education, training, or experience in the foregoing fields to administer, supervise, and manage a nursing home.
   3.  The applicant has passed an examination administered
 
prescribed by the board and designed to test for competence in the subject matter referred to in subsection 2 of this section

pursuant to section 147.34.
    Sec. 11.  Section 155.4, Code 2011, is amended to read as follows:
   155.4  Licensing function.
   The board shall license nursing home administrators in accordance with
 
this chapter, chapter 147, and rules issued, and from time to time revised, by it
 
by the board. A nursing home administrator’s license shall not be transferable and, if not inactive, shall be valid until
 
revoked pursuant to section 147.55 or voluntarily surrendered for cancellation or suspended or revoked for violation of this chapter or any other laws or regulations relating to the proper administration and management of a nursing home. Any denial of issuance or renewal, suspension, or revocation under any section of this chapter shall be subject to judicial review in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.
    Sec. 12.  Section 155.5, Code 2011, is amended to read as follows:
   155.5  License fees.
   Each person licensed as a nursing home administrator shall be required to pay a license fee in an amount to be fixed by the board. The license shall expire in multiyear intervals
 
determined by the board and be renewable and upon payment of the license
 
a renewal fee. A person who fails to renew a license by the expiration date shall be allowed to do so within thirty days following its expiration, but the board may assess a reasonable penalty.
    Sec. 13.  Section 155.9, Code 2011, is amended to read as follows:
   155.9  Duties of the board.
   The
 
In addition to the duties and responsibilities provided in chapters 147 and 272C, the board shall have the duty and responsibility to:
   1.  Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators will be individuals who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators.
   2.  Develop and apply appropriate techniques, including examination and investigations, for determining whether an individual meets such standards. The board may administer as many examinations per year as are necessary, but shall administer at least one examination per year. Any written examination may be given by representatives of the board. Applicants who fail the examination once shall be allowed to take the examination at the next scheduled time. Thereafter, the applicant shall be allowed to take the examination at the discretion of the board. An applicant who has failed the examination may request in writing information from the board concerning the applicant’s examination grade and subject areas or questions which the applicant failed to answer correctly, except that if the board administers a uniform, standardized examination, the board shall only be required to provide the examination grade and such other information concerning the applicant’s examination results which are available to the board.
   3.  Issue licenses to individuals who, after application of such techniques, are found to have met such standards; and for cause and after due notice and hearing, revoke or suspend licenses previously issued by such board in any case where the individual holding such license is found to have failed substantially to conform to the requirements of such standards.
   The board may also accept the voluntary surrender of such license without necessity of a hearing. In
 
adopt rules for granting a provisional license to an administrator appointed on a temporary basis by a nursing home’s owner or owners in the event of the inability of the regular administrator of a
 
the nursing home
 
is unable to perform the administrator’s duties or through death or other cause the nursing home is without a licensed administrator, a provisional administrator may be appointed on a temporary basis by the nursing home owner or owners to perform such duties for a period not to exceed one year
 
because of death or other cause. Such provisional license shall allow the provisional licensee to perform the duties of a nursing home administrator. An individual shall not hold a provisional license for more than twelve total combined months, and the board may revoke or otherwise discipline a provisional licensee for cause after due notice and a hearing on a charge or complaint filed with the board.
   4.  Establish and carry out procedures designed to insure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards.
   5.  Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of such standards. Such appropriate action may include revocation of a license, if necessary, or placing the licensee on probation for a period not exceeding six months, and shall be taken only for cause after due notice and a hearing on the charge or complaint.
   6.  Conduct a continuing study and investigation of nursing homes, and administrators of nursing homes, in this state with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such.
   7.  Conduct, or cause to be conducted, one or more courses of instruction and training sufficient to meet the requirements of this chapter, and make provisions for such courses and their accessibility to residents of this state unless it finds that there are, and approves, a sufficient number of courses, which courses are conducted by others within this state. In lieu thereof the board may approve courses conducted within and without this state as sufficient to meet the education and training requirements of this chapter.
    Sec. 14.  Section 155.10, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   155.10  Continuing education.
   Each person licensed as a nursing home administrator shall be required to complete continuing education as a condition of license renewal. Such continuing education requirements shall be determined by the board.
    Sec. 15.  Section 155.14, Code 2011, is amended to read as follows:
   155.14  Applications.
   Applications for licensure
 
and for license renewal shall be on forms
 
in the format prescribed and furnished by the board and shall not contain a recent photograph of the applicant. An applicant shall not be ineligible for licensure because of age, citizenship, sex, race, religion, marital status or national origin although the application may require citizenship information. The board may consider the past felony record of an applicant only if the felony conviction relates directly to the practice of nursing home administration. Character references may be required, but shall not be obtained from licensed nursing home administrators.
    Sec. 16.  NEW SECTION.  155.19  Voluntary surrender.
   The board may accept the voluntary surrender of a license if accompanied by a written statement of intention. The voluntary surrender, when accepted, shall have the same force and effect as an order of revocation.
    Sec. 17.  REPEAL.  Sections 155.2, 155.15, and 155.16, Code 2011, are repealed.

DIVISION IV

HEARING AID DISPENSERS
    Sec. 18.  Section 154A.7, Code 2011, is amended to read as follows:
   154A.7  Meetings and expenses
 
Board meetings.
   The members of the board shall receive actual expenses incurred in the discharge of their duties within the limits of funds appropriated to the board. Each member of the board may also be eligible to receive compensation as provided in section 7E.6. The board shall meet at least one time per year at the seat of government and may hold additional meetings as deemed necessary. Additional meetings shall be held at the call of the chairperson or a majority of the members of the board. At any meeting of the board, a majority of the members shall constitute a quorum.
    Sec. 19.  Section 154A.10, Code 2011, is amended to read as follows:
   154A.10  Issuance of licenses.
   After January 1, 1975, an
 
An applicant may obtain a license, if the applicant:
   1.  Successfully passes the qualifying examination prescribed in section 154A.12.
   2.  Is free of contagious or infectious disease.
   3.  Pays the necessary fees set by the board pursuant to section 154A.17.
    Sec. 20.  Section 154A.12, subsection 1, paragraph a, Code 2011, is amended to read as follows:
   a.  Written tests
 
Evidence of knowledge in areas such as physics of sound, anatomy and physiology of hearing, and the function of hearing aids, as these areas pertain to the fitting or selection and sale of hearing aids.
    Sec. 21.  Section 154A.13, Code 2011, is amended to read as follows:
   154A.13  Temporary permit.
   A person who has not been employed
 
licensed as a hearing aid dispenser prior to January 1, 1975, may obtain a temporary permit from the department upon completion of the application accompanied by the written verification of employment from a licensed hearing aid dispenser. The department shall issue a temporary permit for one year which shall not be renewed or reissued. The fee for issuance of the temporary permit shall be set by the board pursuant to section 154A.17
 
in accordance with the provisions for establishment of fees in section 147.80. The temporary permit entitles an applicant to engage in the fitting or selection and sale of hearing aids under the supervision of a person holding a valid license.
    Sec. 22.  Section 154A.23, Code 2011, is amended to read as follows:
   154A.23  Complaints
 
Disciplinary orders —— attorney general.
   Any person wishing to make a complaint against a licensee or holder of a temporary permit shall file a written statement with the board within twelve months from the date of the action upon which the complaint is based. If the board determines that the complaint alleges facts which, if proven, would be cause for the suspension or revocation of the license of the licensee or the permit of the holder of a temporary permit, it shall make an order fixing a time and place for a hearing and requiring the licensee or holder of a temporary permit complained against to appear and defend. The order shall contain a copy of the complaint, and the order and copy of the complaint shall be served upon the licensee or holder of a temporary permit at least twenty days before the date set for hearing, either personally or as provided in section 154A.21. Continuance or adjournment of a hearing date may be made for good cause. At the hearing the licensee or holder of a temporary permit may be represented by counsel. The licensee or holder of a temporary permit and the board may take depositions in advance of hearing and after service of the complaint, and either may compel the attendance of witnesses by subpoenas issued by the board. The board shall issue such subpoenas at the request of a licensee or holder of a temporary permit. Either party taking depositions shall give at least five days’ written notice to the other party of the time and place of such depositions, and the other party may attend, with counsel, if desired, and cross-examine.
   If the board determines from the evidence and proofs submitted that the licensee or holder of a temporary permit is guilty of violating any of the provisions of this chapter, or any of the regulations promulgated by the board pursuant to this chapter, the department shall, within thirty days after the hearing, issue an order refusing to issue or renew, or revoking or suspending, as the case may be, the hearing aid dispenser’s license or temporary permit. The order shall include the findings of fact and the conclusions of law made by the board and counsel. A copy of the order shall be sent to the licensee or holder of a temporary permit by registered mail. The records of the department shall reflect the action taken by the board on the charges, and the department shall preserve a record of the proceedings in a manner similar to that used by courts of record in this state.
   The final order of the board in the proceedings may be appealed to the district court of the county where the licensee or holder of a temporary permit resides, or in which the licensed hearing aid dispenser’s principal place of business is located.
   The department shall send a copy of the complaint and a copy of the board’s final order to the attorney general for purposes of information in the event the licensee or holder of a temporary permit pursues a court appeal and for consideration as to whether the violations are flagrant enough to justify prosecution. 
 
The board shall forward a copy of all final disciplinary orders, with associated complaints, to the attorney general for consideration for prosecution or enforcement when warranted. The attorney general and all county attorneys shall assist the
 
board and the department in the enforcement of the provisions of this chapter.
    Sec. 23.  REPEAL.  Sections 154A.2, 154A.3, 154A.4, 154A.5, 154A.6, 154A.8, 154A.9, 154A.11, 154A.14, 154A.15, 154A.17, and 154A.18, Code 2011, are repealed.

DIVISION V

LOCAL BOARDS OF HEALTH
    Sec. 24.  Section 135.1, subsection 6, Code 2011, is amended by striking the subsection.
    Sec. 25.  Section 137.112, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  This section does not apply to any district board of health or district health department in existence prior to July 1, 2010.
    Sec. 26.  Section 331.502, subsection 8, Code 2011, is amended by striking the subsection.
    Sec. 27.  REPEAL.  Section 135.32, Code 2011, is repealed.
    Sec. 28.  EFFECTIVE UPON ENACTMENT.  The following provision or provisions of this division of this Act, being deemed of immediate importance, take effect upon enactment:
   1.  The section of this Act amending section 137.112.
    Sec. 29.  RETROACTIVE APPLICABILITY.  The following provision or provisions of this division of this Act apply retroactively to July 1, 2010:
   1.  The section of this Act amending section 137.112.

DIVISION VI

GOVERNOR’S COUNCIL ON PHYSICAL FITNESS AND NUTRITION
    Sec. 30.  NEW SECTION.  135.27A  Governor’s council on physical fitness and nutrition. 
   1.  A governor’s council on physical fitness and nutrition is established consisting of twelve members appointed by the governor who have expertise in physical activity, physical fitness, nutrition, and promoting healthy behaviors. At least one member shall be a representative of elementary and secondary physical education professionals, at least one member shall be a health care professional, at least one member shall be a registered dietician, at least one member shall be recommended by the department on aging, and at least one member shall be an active nutrition or fitness professional. In addition, at least one member shall be a member of a racial or ethnic minority. The governor shall select a chairperson for the council. Members shall serve terms of three years beginning and ending as provided in section 69.19. Appointments are subject to sections 69.16 and 69.16A. Members are entitled to receive reimbursement for actual expenses incurred while engaged in the performance of official duties. A member of the council may also be eligible to receive compensation as provided in section 7E.6. 
   2.  The council shall assist in developing a strategy for implementation of the statewide comprehensive plan developed by the existing statewide initiative to increase physical activity, improve physical fitness, improve nutrition, and promote healthy behaviors. The strategy shall include specific components relating to specific populations and settings including early childhood, educational, local community, worksite wellness, health care, and older Iowans.
   3.  The council shall assist the department in establishing and promoting a best practices internet site. The internet site shall provide examples of wellness best practices for individuals, communities, workplaces, and schools and shall include successful examples of both evidence-based and nonscientific programs as a resource. 
   4.  The council shall provide oversight for the governor’s physical fitness challenge. The governor’s physical fitness challenge shall be administered by the department and shall provide for the establishment of partnerships with communities or school districts to offer the physical fitness challenge curriculum to elementary and secondary school students. The council shall develop the curriculum, including benchmarks and rewards, for advancing the school wellness policy through the challenge.
    Sec. 31.  RETROACTIVE APPLICABILITY.  This division of this Act applies retroactively to January 1, 2012.
    Sec. 32.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION VII

HIV CONFIDENTIALITY
    Sec. 33.  Section 141A.9, Code Supplement 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  Medical information secured pursuant to subsection 1 may be shared with other state or federal agencies, with employees or agents of the department, or with local units of government that have a need for the information in the performance of their duties related to HIV prevention, disease surveillance, or care of persons with HIV, only as necessary to administer the program for which the information is collected or to administer a program within the other agency. Confidential information transferred to other persons or entities under this subsection shall continue to maintain its confidential status and shall not be rereleased by the receiving person or entity.

DIVISION VIII

REPEAL OF REPORTING REQUIREMENTS
    Sec. 34.  REPEAL.  Section 135.165, Code 2011, is repealed.
EXPLANATION
   This bill relates to programs and activities under the purview of the department of public health (DPH).
   Division I relates to the list of people who may issue a burial transit permit. The bill provides that the state registrar of vital statistics may issue a burial transit permit. The bill adds that a burial transit permit may not be issued until a completed certificate of death or fetal death is presented. The bill also states the county registrar of the county where the death or fetal death occurred, rather than where the certificate of death was filed, may issue a burial transit permit.
   Division II relates to radiological health. The bill provides that a certification by the board of podiatry in podiatric radiography does not satisfy the minimum training standards and continuing education requirements for operation of radiation machines. The bill also provides that enrollment in a program of study approved by the DPH which includes application of radiation to animals satisfies the minimum training standards for operating radiation machines. This would allow veterinary students to practice without a permit while enrolled in a training program.
   The bill allows the department to regulate the operators of radiation machines and users of radioactive material. The bill makes the department’s inspection of all radiation machines and radioactive materials in the state permissive rather than mandatory. The bill provides the department is no longer required to evaluate the radiation machine or radioactive material, the electrical hazards, or the adequacy of mechanical supporting and restraining devices.
   The bill amends Code section 136C.14 to state that a person other than a licensed professional who operates a radiation machine or uses radioactive materials for medical treatment or diagnostic purposes does not need to display his or her credentials, but the person must provide credentials upon request. The bill also provides that a person who owns or controls the machine is no longer responsible for the proper display of such credentials.
   The bill amends the definitions for “tanning device” and “tanning facility”. The bill eliminates language stating that “tanning device” includes accompanying equipment. The bill eliminates the current definition for a tanning facility and provides that a “tanning facility” is not only a place for providing access to tanning devices for compensation, but also includes a place, area, structure, or business, or any part thereof, that provides access to tanning devices for compensation. The bill specifies that a tanning facility may include but is not limited to a tanning salon, health club, apartment, or condominium.
   The bill inserts a penalty section into Code chapter 136 and provides for the imposition of a civil penalty not to exceed $1,000 on persons who violate a provision of the Code chapter, a rule or order issued pursuant to the Code chapter, or a term, condition, or limitation of a registration certificate issued under the Code chapter. A civil penalty could also be imposed on a person who commits a violation for which a registration certificate may be revoked under the rules issued pursuant to the Code chapter. Each day of a continuing violation constitutes a separate offense for purposes of computing the civil penalty. The department must establish a notification process which includes an opportunity for the person facing the civil penalty to respond in writing within a reasonable time as set by the department. A person upon whom a civil penalty is imposed may appeal pursuant to Code chapter 17A. The bill also allows the department to compromise, mitigate, or refund a civil penalty. The department must remit the penalty to the treasurer of state who shall deposit the money into the general fund of the state.
   Division III relates to nursing home administrators. The bill eliminates certain provisions in the Code chapter that are duplicative or inconsistent with the provisions in Code chapter 147, relating to health-related professions generally. The bill eliminates the requirement that an applicant for a nursing home administrator license satisfactorily complete a course of instruction and training that was designed and administered to present sufficient knowledge of the needs properly to be served by nursing homes, knowledge of the laws governing the operation of nursing homes and the protection of the interests of patients, and knowledge of the elements of good nursing home administration. The bill amends Code section 155.3 to state that the board of nursing home administrators prescribes the examination pursuant to Code section 147.34, which governs the examinations required for licensure for health care professions, rather than administering the exam that tests for competence in the needs properly to be served by nursing homes, laws governing the operation of nursing homes and the protection of the interests of patients, and the elements of good nursing home administration.
   The bill adds that the board shall license nursing home administrators in accordance with the rules as well as Code chapters 147 and 155. The bill makes technical changes regarding the terminology of a licensee’s voluntary or involuntary loss of license and refers to Code section 147.55 for revocation of a nursing home administrator’s license while eliminating language in Code section 155.4 subjecting any denial of issuance or renewal, suspension, or revocation under Code chapter 155 to the judicial review procedure under Code chapter 17A.
   The bill makes technical changes to the licensing fees provision. The bill allows the board to determine the multiyear interval in which a license shall expire and allows for the license to be renewed upon payment of a renewal fee rather than a license fee.
   The bill provides that the board has the general duties and responsibilities for health-related boards listed in Code chapters 147 and 272C and strikes the board’s specific duties relating to standards to be met by individuals in order to receive licenses as nursing home administrators; techniques for determining whether an individual meets the required standards; the issuance of and disciplinary actions relating to licenses; and complaints against nursing home administrators. The bill removes language allowing the board to conduct a continuing study and investigation of nursing homes and administrators in the state to improve the standards. The bill strikes language allowing the board to conduct or cause to be conducted courses of instruction and training sufficient to meet the requirements of Code chapter 155.
   The bill retains language in Code section 155.9 that allows the board to establish rules to grant a provisional license to an administrator, but makes technical changes. The bill allows the board to grant a provisional license to an administrator appointed on a temporary basis by a nursing home’s owner if the regular administrator is unable to perform the administrator’s duties or the nursing home is otherwise without an administrator for some other reason. The bill strikes a provision which states that an administrator appointed on a temporary basis could not perform the duties for a period which exceeds one year. The bill provides that a provisional license can be held for no more than 12 combined months and the board may revoke or otherwise discipline a person with a provisional license for cause after due notice and a hearing.
   The bill strikes the language in Code section 155.10 regarding renewal of licenses. Under the bill, Code chapter 272C would control the renewal of licenses. The bill provides that a licensed nursing home administrator must complete continuing education as a condition precedent for a license renewal. The bill states the board will determine the continuing education requirements.
   The bill provides that applications for license renewal shall be prescribed by the board. Under the amended language of Code section 155.14, the bill states the board is not required to furnish forms for licensure or license renewal. The bill strikes the language regarding the characteristics the board may consider when receiving an applicant’s application. Under the bill the characteristics to consider for eligibility would be controlled by Code section 147.3.
   The bill also adds a section to Code chapter 155 regarding a licensee’s voluntary surrender of a license. The bill states the board may accept a voluntary surrender if it is accompanied by a written statement of intention. The voluntary surrender will have the same force and effect as revocation after the surrender is accepted.
   The bill repeals the language regarding the composition of the board of nursing home administrators. The board’s composition is governed by Code sections 147.12 through 147.20 and 147.82. The bill repeals the language in section 155.15 regarding the fees for examination, licensure, and renewal of licensure. The language in Code section 147.80 would control. The bill also repeals language in Code section 155.16 regarding the public members of the board, making the language in Code section 147.21 applicable.
   Division IV relates to hearing aid dispensers. The bill eliminates certain provisions within Code chapter 154A as Code chapter 147 regarding health-related professions now governs the board of hearing aid dispensers in its provisions.
   The bill eliminates language in Code section 154A.7 regarding board members’ expenses for discharging duties and members’ eligibility to receive compensation provided in Code section 7E.6. The bill also eliminates language in Code section 154A.7 regarding a quorum. The language on board members’ expenses and compensation is provided in Code section 147.24 and the language on a board quorum is provided by Code section 147.14(2).
   The bill eliminates language regarding the date on which an applicant may obtain a license and deletes the reference to the fee provision in Code section 154A.17.
   The bill amends Code section 154A.12 regarding the scope of examination to require evidence, rather than a written test, of the applicant’s knowledge in areas such as physics of sound, anatomy and physiology of hearing, and function of hearing aids.
   The bill amends Code section 154A.13 regarding temporary permits and states that only an individual who has not been licensed as a hearing aid dispenser, rather than a person who has not been employed as a hearing aid dispenser, may obtain a temporary permit. The bill also states that a fee for a temporary permit will be set by the board pursuant to Code section 147.80 rather than Code section 154A.17, which is repealed under this bill.
   The bill removes language from Code chapter 154A regarding the process for filing a complaint against a licensee or holder of a temporary permit, the hearing process, the required elements of a board’s order, the notice of the order, and the right to appeal the board’s final order. Under the bill, complaints would be governed by Code chapters 17A, 147, and 272C. The bill amends Code section 154A.23 to allow the board to forward a copy of final disciplinary orders along with the complaint to the attorney general for consideration for prosecution or enforcement when warranted.
   The bill repeals Code section 154A.2 regarding the establishment of the board; Code section 154A.3 regarding terms of board members; Code section 154A.4 regarding duties of the board; Code section 154A.5 regarding public members of the board; Code section 154A.6, regarding disclosure of confidential information (the governing provision in Code section 147.21(2) does not contain a provision which prohibits the disclosure of an applicant’s criminal history); Code section 154A.8 regarding duties of the board; Code section 154A.9 regarding applications for licensure; Code section 154A.11 regarding examinations (however, the governing provision in Code section 147.34 does not require examinations to occur at least once a year and does not require the identity of the applicant to be concealed until after the grading of the exam); Code section 154A.14 concerning reciprocity; Code section 154A.15 concerning license renewal (however, Code section 147.10 does not require the department to mail notice of the expiration date of a license at least a month in advance); and Code section 154A.17 regarding fees. Code section 154A.18, regarding the display of the license is also repealed, however, Code sections 147.6 and 147.7 do not prohibit a person from engaging in business as a hearing aid dispenser or displaying a sign or advertising to be a hearing aid dispenser without a valid license nor do the Code sections require the license to be conspicuously posted in the person’s primary location of practice. The Code sections instead state that a license is presumptive evidence of the right to practice and a board may require every person licensed by the board to publicly display the license and evidence of current renewal.
   Division V relates to local boards of health. The bill strikes the definition of “sanitation officer”. The bill states that the district public health fund budget provisions do not apply to a district board of health or district health department in existence prior to July 1, 2010. The bill repeals the department’s duty to publish and distribute its rules to the counties. The bill provides an immediate effective date and retroactive date for the application of the provisions of the health fund budget only to the district boards of health or district health departments in existence prior to July 1, 2010.
   Division VI relates to the governor’s council on physical fitness and nutrition. The bill reinstates the governor’s council on physical fitness and nutrition, which was repealed by 2011 Iowa Acts, chapter 129, section 94. The bill provides an immediate effective date for this division and retroactivity to January 1, 2012.
   Division VII relates to HIV confidentiality. The bill adds a new provision allowing medical information secured pursuant to Code section 141A.9 to be shared with other state or federal agencies, employees or agents of the department, or with local units of government. The information may be shared when the persons or entities have a need for the information in the performance of their duties related to HIV prevention, disease surveillance, or care of persons with HIV and only as necessary to administer the program for which the information is collected or to administer a program within the other agency. The confidential information transferred maintains its confidential status and the receiving entity may not rerelease the information.
   Division VIII relates to reporting requirements for hospitals and nursing facilities. The bill repeals Code section 135.165, which requires hospitals and nursing facilities that are recognized by the Internal Revenue Code as a nonprofit organization or entity to annually submit a copy of the internal revenue service form 990 to the department of public health and the legislative services agency.