H.F. 2524 Section 1. Section 142A.2, subsections 1 and 6, Code 2020, 1 are amended by striking the subsections. 2 Sec. 2. Section 142A.2, Code 2020, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 1A. “Bureau” means the bureau of tobacco 5 use prevention and control of the Iowa department of public 6 health, established pursuant to this chapter. 7 Sec. 3. Section 142A.3, subsection 1, Code 2020, is amended 8 to read as follows: 9 1. The department shall establish , as a separate and 10 distinct division within the department, a division bureau of 11 tobacco use prevention and control. The division bureau shall 12 develop, implement, and administer the initiative established 13 in this chapter and shall perform other duties as directed by 14 this chapter or as assigned by the director of public health. 15 Sec. 4. Section 142A.4, subsection 19, Code 2020, is amended 16 to read as follows: 17 19. Evaluate the work of the division bureau and the 18 department relating to the initiative. For this purpose, the 19 commission shall have access to any relevant department records 20 and documents, and other information reasonably obtainable by 21 the department. 22 Sec. 5. Section 142A.5, Code 2020, is amended to read as 23 follows: 24 142A.5 Director and administrator duties. 25 1. The director shall do all of the following: 26 a. 1. Establish and maintain the division bureau of tobacco 27 use prevention and control. 28 b. Employ a separate division administrator, in accordance 29 with the requirements of section 142A.4, subsection 14 , in a 30 full-time equivalent position whose sole responsibility and 31 duty shall be the administration and oversight of the division. 32 The division administrator shall report to and shall serve 33 at the pleasure of the director. The administrator shall 34 be exempt from the merit system provisions of chapter 8A, 35 -1- LSB 5844HV (2) 88 ss/rh 1/ 5

H.F. 2524 subchapter IV . 1 c. 2. Coordinate all tobacco use prevention and control 2 programs and activities under the purview of the department. 3 d. 3. Receive and review budget recommendations from the 4 commission. The director shall consider these recommendations 5 in developing the budget request for the department. 6 2. The administrator shall do all of the following: 7 a. 4. Implement the initiative, coordinate the activities 8 of the commission and the initiative, and coordinate other 9 tobacco use prevention and control activities as assigned by 10 the director . 11 b. 5. Monitor and evaluate the effectiveness of performance 12 measures. 13 c. 6. Provide staff and administrative support to the 14 commission. 15 d. 7. Administer contracts entered into under this chapter . 16 e. 8. Coordinate and cooperate with other tobacco use 17 prevention and control programs within and outside of the 18 state. 19 f. 9. Provide necessary information to the commission 20 to assist the commission in making its annual report to the 21 joint appropriations subcommittee pursuant to section 142A.4, 22 subsection 13 , and in fulfilling other commission duties 23 pursuant to section 142A.4 . 24 Sec. 6. Section 142A.6, subsections 1 and 4, Code 2020, are 25 amended to read as follows: 26 1. A comprehensive tobacco use prevention and control 27 initiative is established. The division bureau shall implement 28 the initiative as provided in this chapter . 29 4. The division bureau shall implement the initiative 30 in a manner that ensures that youth are extensively involved 31 in the decision making for the programs implemented under 32 the initiative. The initiative shall also involve parents, 33 schools, and community members in activities to achieve the 34 results desired for the initiative. The division bureau 35 -2- LSB 5844HV (2) 88 ss/rh 2/ 5

H.F. 2524 shall encourage collaboration at the state and local levels 1 to maximize available resources and to provide flexibility to 2 support community efforts. 3 Sec. 7. Section 225C.5, subsection 1, paragraph g, Code 4 2020, is amended by striking the paragraph. 5 Sec. 8. NEW SECTION . 225C.22 Mental health planning and 6 advisory council —— meetings. 7 The mental health planning and advisory council created 8 pursuant to 42 U.S.C. §300x-3 shall meet no more than four 9 times per year. 10 Sec. 9. REPEAL. Section 148C.12, Code 2020, is repealed. 11 Sec. 10. SUBSTANCE ABUSE WORK GROUP —— TOBACCO. The 12 division of behavioral health of the department of public 13 health shall include tobacco use as a subject of study in new 14 or existing work groups convened for the purpose of addressing 15 substance abuse in Iowa. 16 Sec. 11. TRANSITION PROVISIONS. 17 1. Any rule, regulation, form, order, or directive 18 promulgated by the division of tobacco use prevention and 19 control as required to administer and enforce the provisions 20 of chapter 142A, Code 2020, in effect on the effective date of 21 this Act shall continue in full force and effect until amended, 22 repealed, or supplemented by affirmative action of the bureau 23 of tobacco use prevention and control. 24 2. Any moneys remaining in any account or fund under the 25 control of the division of tobacco use prevention and control 26 on the effective date of this Act shall be transferred to a 27 comparable fund or account under the control of the bureau 28 of tobacco use prevention and control for such purposes. 29 Notwithstanding section 8.33, the moneys transferred in 30 accordance with this subsection shall not revert to the account 31 or fund from which appropriated or transferred. 32 3. The division of tobacco use prevention and control shall 33 assist the department of public health in implementing this 34 Act by providing for an effective transition of powers and 35 -3- LSB 5844HV (2) 88 ss/rh 3/ 5

H.F. 2524 duties from the respective division to the bureau of tobacco 1 use prevention and control under chapter 142A and related 2 administrative rules. Such assistance shall include but is not 3 limited to assisting in cooperating with federal agencies. 4 4. Any replacement of signs, logos, stationery, insignia, 5 uniforms, and related items that is made due to the effect of 6 this Act shall be done as part of the normal replacement cycle 7 for such items. 8 5. An administrative hearing or court proceeding arising 9 out of an enforcement action under chapter 142A or related 10 administrative rules pending on the effective date of this 11 Act shall not be affected by this Act. Any cause of action 12 or statute of limitation relating to an action taken by the 13 division of tobacco use prevention and control shall not be 14 affected by this Act and such cause of action or statute of 15 limitation shall apply to the bureau of tobacco use prevention 16 and control. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to organization, composition, meeting, 21 and reporting requirements of certain public health governing 22 entities. 23 TOBACCO USE PREVENTION AND CONTROL. The bill replaces 24 the division of tobacco use prevention and control of the 25 department of public health (division) with the bureau 26 of tobacco use prevention and control (bureau). The bill 27 transfers duties and control of the tobacco use prevention and 28 control initiative, previously administered by the division, 29 to the bureau. The bill requires the division of behavioral 30 health of the department of public health to include tobacco 31 use as a subject of study in new or existing work groups 32 convened for the purpose of addressing substance abuse in 33 Iowa. The bill strikes a requirement that the bureau of 34 tobacco use prevention and control annually appear before the 35 -4- LSB 5844HV (2) 88 ss/rh 4/ 5

H.F. 2524 joint appropriations subcommittee that makes recommendations 1 concerning the commission’s budget to report on the budget 2 expenditures of the bureau. 3 The bill includes transition provisions regarding the 4 elimination of the division, and the establishment of the 5 bureau. Any rule, regulation, form, order, or directive 6 promulgated by the division in effect on the effective 7 date of the bill remains in effect until it is amended, 8 repealed, or supplemented by affirmative action of the bureau. 9 Moneys remaining in any fund or account of the division are 10 transferred to control of the bureau. The bill instructs 11 the division to assist the department of public health in 12 implementing the provisions of the bill. An administrative 13 hearing or court proceeding initiated by or against the 14 division is unaffected by the bill, and any cause of action or 15 statute of limitation against the division applies against the 16 bureau. 17 MENTAL HEALTH PLANNING AND ADVISORY COUNCIL. The bill 18 removes the requirement that one member of the mental health 19 and disability services commission be selected from nominees 20 submitted by the state’s council of the association of federal, 21 state, county, and municipal employees. The bill limits the 22 number of meetings that may be held by the federally created 23 mental health planning and advisory council to no more than 24 four per year. 25 BOARD OF MEDICINE AND BOARD OF PHYSICIAN ASSISTANTS —— 26 ANNUAL REPORT. The bill repeals the requirement that the board 27 of medicine and board of physician assistants submit an annual 28 report to the general assembly and the governor regarding 29 the collaborative efforts and team-building practices of the 30 boards. 31 -5- LSB 5844HV (2) 88 ss/rh 5/ 5