House File 386 - Introduced HOUSE FILE 386 BY FRY A BILL FOR An Act relating to bodies of the state governmental structure 1 under the purview of the department of health and human 2 services. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1570YH (9) 90 pf/rh

H.F. 386 HEALTH POLICY OVERSIGHT 1 Section 1. Section 2.45, subsection 5, Code 2023, is amended 2 to read as follows: 3 5. The legislative health policy oversight committee, 4 which shall be composed of ten members of the general 5 assembly, consisting of five members from each house, to 6 be appointed by the legislative council. The legislative 7 health policy oversight committee shall may meet at least two 8 times, annually , during the legislative interim to provide 9 continuing oversight for Medicaid managed care, and to ensure 10 effective and efficient administration of the program, address 11 stakeholder concerns, monitor program costs and expenditures, 12 and make recommendations. 13 VIRTUAL AND REMOTE MEETING OPTIONS 14 Sec. 2. Section 135.12, Code 2023, is amended to read as 15 follows: 16 135.12 Statutory board, commission, committee, or council of 17 committee —— teleconference option , virtual meeting, and remote 18 participation options . 19 1. Any statutorily established board, commission, 20 committee, or council established under the purview of the 21 department shall provide for a hybrid meetings, teleconference 22 option participation, virtual meeting, and remote participation 23 options for board, commission, committee, or council members to 24 participate in official meetings. 25 2. For the purposes of this section: 26 a. “Hybrid meeting” means a meeting involving both remote 27 participation and in-person participation by members. 28 b. “Remote participation” means real-time participation by 29 a remotely located individual in a meeting which is being held 30 in a different physical location using integrated audio, video, 31 and other digital tools. 32 c. “Teleconference participation” means participation using 33 audio conference tools involving multiple participants in at 34 least two separate locations. 35 -1- LSB 1570YH (9) 90 pf/rh 1/ 34

H.F. 386 d. “Virtual meeting” means a meeting involving real-time 1 interaction using integrated audio, video, and other digital 2 tools, in which participants do not share a physical location. 3 Sec. 3. NEW SECTION . 217.22 Statutory board, commission, 4 committee, or council —— teleconference, virtual meeting, and 5 remote participation options. 6 1. Any statutorily established board, commission, 7 committee, or council established under the purview of the 8 department shall provide for hybrid meetings, teleconference 9 participation, virtual meetings, and remote participation, 10 and other hybrid options for board, commission, committee, or 11 council members to participate in official meetings. 12 2. For the purposes of this section: 13 a. “Hybrid meeting” means a meeting involving both remote 14 participation and in-person participation by members. 15 b. “Remote participation” means real-time participation by 16 a remotely located individual in a meeting which is being held 17 in a different physical location using integrated audio, video, 18 and other digital tools. 19 c. “Teleconference participation” means participation using 20 audio conference tools involving multiple participants in at 21 least two separate locations. 22 d. “Virtual meeting” means a meeting involving real-time 23 interaction using integrated audio, video, and other digital 24 tools, in which participants do not share a physical location. 25 ADVISORY COUNCIL ON BRAIN INJURIES 26 Sec. 4. Section 135.22B, subsection 2, Code 2023, is amended 27 to read as follows: 28 2. Program created. 29 a. A brain injury services program is created and shall be 30 administered by a division of the Iowa department of public 31 health in cooperation with counties and the department of human 32 services . 33 b. The division of the department assigned to administer 34 the advisory council on brain injuries under section 135.22A 35 -2- LSB 1570YH (9) 90 pf/rh 2/ 34

H.F. 386 shall be the program administrator. The division duties shall 1 include but are not limited to serving serve as the fiscal 2 agent and contract administrator for the program and providing 3 shall provide program oversight. 4 c. The division shall consult with the advisory council 5 on brain injuries, established pursuant to section 135.22A , 6 regarding the program and shall report to the council 7 concerning the program at least quarterly. The council shall 8 make recommendations to the department concerning the program’s 9 operation. 10 Sec. 5. REPEAL. Section 135.22A, Code 2023, is repealed. 11 CONGENITAL AND INHERITED DISORDERS ADVISORY COMMITTEE 12 Sec. 6. Section 136A.3A, Code 2023, is amended to read as 13 follows: 14 136A.3A Congenital and inherited disorders advisory committee 15 established —— process for addition of conditions to newborn 16 screening. 17 1. A congenital and inherited disorders advisory committee 18 is established solely to assist the center for congenital and 19 inherited disorders and the department in the development of 20 programs that ensure the availability and access to quality 21 genetic and genomic health care services for all Iowans 22 designating the conditions to be included in the newborn 23 screening and in regularly evaluating the effectiveness and 24 appropriateness of the newborn screening . 25 2. a. The members of the advisory committee shall 26 be appointed by the director and shall include persons 27 with relevant expertise and interest including parent 28 representatives be comprised of not more than fifteen regular 29 voting members with relevant expertise and interest including 30 representatives of professional groups, agencies, parents, 31 consumers, and professional health care providers, appointed by 32 the director . The director may replace a regular member due 33 to nonattendance. 34 b. The advisory committee shall meet at least once per year. 35 -3- LSB 1570YH (9) 90 pf/rh 3/ 34

H.F. 386 3. The advisory committee shall assist the center for 1 congenital and inherited disorders and the department in 2 designating the conditions to be included in the newborn 3 screening and in regularly evaluating the effectiveness and 4 appropriateness of the newborn screening. 5 4. 3. a. Beginning July 1, 2022, the advisory committee 6 shall ensure that all conditions included in the federal 7 recommended uniform screening panel as of January 1, 2022, are 8 included in the newborn screening. 9 b. Within twelve months of the addition of a new condition 10 to the federal recommended uniform screening panel, the 11 advisory committee shall consider and make a recommendation 12 to the department regarding inclusion of the new condition in 13 the newborn screening, including the current newborn screening 14 capacity to screen for the new condition and the resources 15 necessary to screen for the new condition going forward. 16 If the advisory committee recommends inclusion of a new 17 condition, the department shall include the new condition in 18 the newborn screening within eighteen months of receipt of the 19 recommendation. 20 5. 4. The department shall submit a status report to the 21 general assembly, annually, by December 31, regarding all of 22 the following: 23 a. The current conditions included in the newborn screening. 24 b. Any new conditions currently under consideration or 25 recommended by the advisory committee for inclusion in the 26 newborn screening. 27 c. Any new conditions considered but not recommended by the 28 advisory committee in the prior twelve-month period and the 29 reason for not recommending any such conditions. 30 d. Any departmental request for additional program capacity 31 or resources necessitated by the inclusion of a recommended new 32 condition in the newborn screening. 33 e. Any delay and the reason for the delay by the advisory 34 committee in complying with the specified twelve-month time 35 -4- LSB 1570YH (9) 90 pf/rh 4/ 34

H.F. 386 frame in considering or recommending the inclusion of a new 1 condition in the newborn screening to the department. 2 f. Any delay and the reason for the delay by the department 3 in complying with the specified eighteen-month time frame in 4 including a new condition in the newborn screening following 5 receipt of a recommendation from the advisory committee 6 recommending the inclusion of such condition. 7 6. 5. The state hygienic laboratory shall establish 8 the newborn screening fee schedule in a manner sufficient 9 to support the newborn screening system of care including 10 laboratory screening costs, short-term and long-term follow-up 11 program costs, the newborn screening developmental fund, and 12 the cost of the department’s newborn screening data system. 13 Sec. 7. ADMINISTRATIVE RULES. The department of health 14 and human services shall adopt rules pursuant to chapter 17A 15 to ensure all of the following: 16 1. That the sole duty of the congenital and inherited 17 disorders advisory committee is to designate the conditions 18 to be included in the newborn screening and in regularly 19 evaluating the effectiveness and appropriateness of the newborn 20 screening. 21 2. That the duties of the advisory committee shall not 22 include supporting the development of special projects and 23 conferences regarding genetic and genomic health care services 24 and issues, or advocating for quality genetic and genomic 25 health care services for all residents in the state of Iowa. 26 CHILD CARE ADVISORY DUTIES 27 Sec. 8. Section 237A.12, subsection 3, Code 2023, is amended 28 to read as follows: 29 3. Rules relating to fire safety for child care centers 30 shall be adopted under this chapter by the state fire marshal 31 in consultation with the department. Rules adopted by the 32 state fire marshal for a building which is owned or leased by a 33 school district or accredited nonpublic school and used as a 34 child care facility shall not differ from standards adopted by 35 -5- LSB 1570YH (9) 90 pf/rh 5/ 34

H.F. 386 the state fire marshal for school buildings under chapter 100 . 1 Rules relating to sanitation shall be adopted by the department 2 in consultation with the director of public health . All rules 3 shall be developed in consultation with the state child care 4 advisory committee early childhood Iowa office . The state fire 5 marshal shall inspect the facilities. 6 Sec. 9. Section 237A.25, subsection 1, Code 2023, is amended 7 to read as follows: 8 1. The department shall develop consumer information 9 material to assist parents in selecting a child care provider. 10 In developing the material, the department shall consult with 11 department of health and human services staff, department of 12 education staff, the state child care advisory committee, the 13 early childhood Iowa state board, and child care resource and 14 referral services. In addition, the department may consult 15 with other entities at the local, state, and national level. 16 Sec. 10. Section 237A.30, subsection 1, Code 2023, is 17 amended to read as follows: 18 1. The department shall work with the early childhood Iowa 19 office in the department of management established in section 20 256I.5 and the state child care advisory committee in designing 21 and implementing a voluntary quality rating system for each 22 provider type of child care facility. 23 Sec. 11. Section 256.9, subsection 31, paragraph b, Code 24 2023, is amended to read as follows: 25 b. Standards and materials developed shall include materials 26 which employ developmentally appropriate practices and 27 incorporate substantial parental involvement. The materials 28 and standards shall include alternative teaching approaches 29 including collaborative teaching and alternative dispute 30 resolution training. The department shall consult with the 31 child development coordinating council, the state child care 32 advisory committee established pursuant to section 135.173A 33 the early childhood Iowa office , the department of health and 34 human services, the state board of regents center for early 35 -6- LSB 1570YH (9) 90 pf/rh 6/ 34

H.F. 386 developmental education, the area education agencies, the 1 department of human development and family studies in the 2 college of human sciences at Iowa state university of science 3 and technology, the early childhood elementary division of the 4 college of education at the university of Iowa, and the college 5 of education at the university of northern Iowa, in developing 6 these standards and materials. 7 Sec. 12. Section 256I.12, subsection 8, Code 2023, is 8 amended to read as follows: 9 8. Duties. The early childhood stakeholders alliance duties 10 shall include but are not limited to all of the following 11 regarding the Iowa early childhood system: 12 a. Coordinate with the early childhood Iowa state board. 13 b. Serve as the state advisory council required under the 14 federal Improving Head Start for School Readiness Act of 2007, 15 Pub. L. No. 110-134, as designated by the governor. 16 c. Advise and make recommendations to the governor, general 17 assembly, department, and other state agencies concerning 18 policy issues relating to child care. Such advice and 19 recommendations shall relate to child care services; resource 20 and referral services; provider training; quality improvement; 21 public-private partnerships; standards review and development; 22 collaboration with prekindergarten, kindergarten, before and 23 after school programming and facilities and programs supporting 24 the education and development of young children across state 25 departments; improvement of the eligibility determination 26 processes used for state child care assistance and related 27 programs; and program data collection and analysis. 28 Sec. 13. REPEAL. Section 135.173A, Code 2023, is repealed. 29 MENTAL HEALTH AND DISABILITY SERVICES CHILDREN’S BEHAVIORAL 30 HEALTH SYSTEM STATE BOARD REPEAL —— COMMISSION 31 Sec. 14. Section 225C.2, subsection 14, Code 2023, is 32 amended by striking the subsection. 33 Sec. 15. Section 225C.4, subsection 1, paragraphs c, l, and 34 m, Code 2023, are amended to read as follows: 35 -7- LSB 1570YH (9) 90 pf/rh 7/ 34

H.F. 386 c. Assist the state board in planning for community-based 1 children’s behavioral health services. 2 l. Encourage and facilitate coordination of children’s 3 behavioral health services with the objective of developing 4 and maintaining in the state a children’s behavioral health 5 system to provide behavioral health services to all children 6 in this state who need the services, regardless of the place 7 of residence or economic circumstances of those children. 8 The administrator department shall work with the state board 9 and other state agencies including but not limited to the 10 department of education and the department of public health 11 to develop and implement a strategic plan to expand access to 12 qualified mental health workers across the state. 13 m. Establish and maintain a data collection and management 14 information system oriented to the needs of children utilizing 15 the children’s behavioral health system, providers, the 16 department, and other programs or facilities in accordance 17 with section 225C.6A . The system shall be used to identify, 18 collect, and analyze service outcome and performance measures 19 data in order to assess the effects of the services on the 20 children utilizing the services. The administrator department 21 shall annually submit to the state board commission information 22 collected by the department indicating the changes and trends 23 in the children’s behavioral health system. The administrator 24 department shall make the outcome data available to the public. 25 Sec. 16. Section 225C.5, Code 2023, is amended to read as 26 follows: 27 225C.5 Mental health and disability services commission. 28 1. A mental health and disability services commission 29 is created as the state policy-making body for the provision 30 of services to persons with mental illness, an intellectual 31 disability, other developmental disabilities, or brain 32 injury. The commission’s voting members shall be appointed 33 to three-year staggered terms by the governor and are subject 34 to confirmation by the senate . Commission members shall be 35 -8- LSB 1570YH (9) 90 pf/rh 8/ 34

H.F. 386 appointed on the basis of interest and experience in the fields 1 of mental health, intellectual disability, other developmental 2 disabilities, and brain injury, in a manner so as to ensure 3 adequate representation from persons with disabilities and 4 individuals knowledgeable concerning disability services. The 5 department shall provide staff support to the commission, and 6 the commission may utilize staff support and other assistance 7 provided to the commission by other persons. The commission 8 shall meet at least four times per year. The voting membership 9 of the commission shall consist of the following persons who, 10 at the time of appointment to the commission, are active 11 members of the indicated groups: 12 a. Three members shall be members of a county board of 13 supervisors selected from nominees submitted by the county 14 supervisor affiliate of the Iowa state association of counties. 15 b. Two members shall be selected from nominees submitted by 16 the director. 17 c. One member shall be an active board member of a community 18 mental health center selected from nominees submitted by the 19 Iowa association of community providers. 20 d. One member shall be an active board member of an agency 21 serving persons with a developmental disability selected 22 from nominees submitted by the Iowa association of community 23 providers. 24 e. One member shall be a board member or employee of 25 a provider of mental health or developmental disabilities 26 services to children. 27 f. Two members shall be staff members of regional 28 administrators selected from nominees submitted by the 29 community services affiliate of the Iowa state association of 30 counties. 31 g. One member shall be selected from nominees submitted 32 by the state’s council of the association of federal, state, 33 county, and municipal employees. 34 h. g. Three members shall be service consumers or family 35 -9- LSB 1570YH (9) 90 pf/rh 9/ 34

H.F. 386 members of service consumers. Of these members, one shall be 1 a service consumer, one shall be a parent of a child service 2 consumer, and one shall be a parent or other family member of a 3 person admitted to and living at a state resource center. 4 i. h. Two members shall be selected from nominees submitted 5 by service advocates. Of these members, one shall be an active 6 member of a statewide organization for persons with brain 7 injury. 8 j. i. One member shall be an active board member of 9 an agency serving persons with a substance abuse problem 10 selected from nominees submitted by the Iowa behavioral health 11 association. 12 k. j. One member shall be a military veteran who is 13 knowledgeable concerning the behavioral and mental health 14 issues of veterans. 15 k. One member shall be selected from nominees submitted by 16 the state court administrator. 17 l. One member shall be a board member or an employee of a 18 provider of child welfare services. 19 m. One member shall be an administrator of an area education 20 agency. 21 n. One member shall be an educator, counselor, or 22 administrator of a school district. 23 o. One member shall be a sheriff. 24 p. One member shall be a representative from a health care 25 system. 26 l. In addition to the voting members, the membership shall 27 include four members of the general assembly with one member 28 designated by each of the following: the majority leader of 29 the senate, the minority leader of the senate, the speaker of 30 the house of representatives, and the minority leader of the 31 house of representatives. A legislative member serves for a 32 term as provided in section 69.16B in an ex officio, nonvoting 33 capacity and is eligible for per diem and expenses as provided 34 in section 2.10 . 35 -10- LSB 1570YH (9) 90 pf/rh 10/ 34

H.F. 386 2. The three-year terms shall begin and end as provided in 1 section 69.19 . Vacancies on the commission shall be filled as 2 provided in section 2.32 . A member shall not be appointed for 3 more than two consecutive three-year terms. 4 3. Members of the commission shall qualify by taking the 5 oath of office prescribed by law for state officers. At its 6 first meeting of each year, the commission shall organize by 7 electing a chairperson and a vice chairperson for terms of 8 one year. Commission members are entitled to a per diem as 9 specified in section 7E.6 and reimbursement for actual and 10 necessary expenses incurred while engaged in their official 11 duties, to be paid from funds appropriated to the department. 12 Sec. 17. Section 225C.7A, subsection 8, paragraph j, Code 13 2023, is amended to read as follows: 14 j. If the department has made its decisions but has 15 determined that there are otherwise qualifying requests for 16 incentive funds that are beyond the amount available in the 17 incentive fund for a fiscal year, the department shall compile 18 a list of such requests and the supporting information for 19 the requests. The list and information shall be submitted to 20 the commission , the children’s behavioral health system state 21 board, and the general assembly. 22 Sec. 18. Section 331.388, subsection 7, Code 2023, is 23 amended by striking the subsection. 24 Sec. 19. Section 331.397A, subsection 3, Code 2023, is 25 amended to read as follows: 26 3. Pursuant to recommendations made by the state board, the 27 The department of health and human services shall adopt rules 28 to define the services included in the core domains listed in 29 this section . The rules shall provide service definitions, 30 service provider standards, service access standards, and 31 service implementation dates, and shall provide consistency, 32 to the extent possible, with similar service definitions under 33 the medical assistance program. 34 Sec. 20. REPEAL. Sections 225C.51 and 225C.52, Code 2023, 35 -11- LSB 1570YH (9) 90 pf/rh 11/ 34

H.F. 386 are repealed. 1 COMMISSION ON AGING 2 Sec. 21. Section 231.11, Code 2023, is amended to read as 3 follows: 4 231.11 Commission established. 5 The commission on aging is established which shall consist 6 of eleven seven members . One member each shall be appointed 7 by the president of the senate, after consultation with the 8 majority leader of the senate, and by the minority leader of 9 the senate, from the members of the senate to serve as ex 10 officio, nonvoting members. One member each shall be appointed 11 by the speaker of the house of representatives and by the 12 minority leader of the house of representatives, from the 13 members of the house of representatives to serve as ex officio, 14 nonvoting members. Seven members shall be appointed by the 15 governor subject to confirmation by the senate . Not more than 16 a simple majority of the governor’s appointees shall belong to 17 the same political party. At least four of the seven members 18 appointed by the governor shall be fifty-five years of age or 19 older when appointed. 20 Sec. 22. Section 231.12, Code 2023, is amended to read as 21 follows: 22 231.12 Terms. 23 All The members of the commission appointed by the governor 24 shall be appointed for terms of four years, with staggered 25 expiration dates. The terms of office of members appointed 26 by the governor shall commence and end as provided by section 27 69.19 . Legislative members of the commission shall serve 28 terms of office as provided in section 69.16B . A vacancy on 29 the commission shall be filled for the unexpired term of the 30 vacancy in the same manner as the original appointment was 31 made. If a legislative member ceases to be a member of the 32 general assembly the legislative member may continue to serve 33 until a successor is appointed. 34 Sec. 23. Section 231.13, Code 2023, is amended to read as 35 -12- LSB 1570YH (9) 90 pf/rh 12/ 34

H.F. 386 follows: 1 231.13 Meetings —— officers. 2 Members of the commission shall elect from the commission’s 3 membership a chairperson, and other officers as commission 4 members deem necessary, who shall serve for a period of two 5 years. The commission shall meet at regular intervals at 6 least four times each year and may hold special meetings at 7 the call of the chairperson or at the request of a majority 8 of the commission membership. The commission shall meet at 9 the seat of government or such other place as the commission 10 may designate. Members shall be paid a per diem as specified 11 in section 7E.6 and shall receive reimbursement for actual 12 expenses for their official duties. 13 COMMISSION ON TOBACCO USE PREVENTION AND CONTROL 14 Sec. 24. Section 142A.2, Code 2023, is amended to read as 15 follows: 16 142A.2 Definitions. 17 As used in this chapter , unless the context otherwise 18 requires: 19 1. “Administrator” means the administrator of the division 20 of tobacco use prevention and control. 21 2. “Commission” means the commission on tobacco use 22 prevention and control established in this chapter . 23 3. 1. “Community partnership” means a public agency or 24 nonprofit organization implementing the tobacco use prevention 25 and control initiative in a local area in accordance with this 26 chapter . 27 4. 2. “Department” means the Iowa department of public 28 health and human services . 29 5. 3. “Director” means the director of public health and 30 human services . 31 6. “Division” means the division of tobacco use prevention 32 and control of the Iowa department of public health, 33 established pursuant to this chapter . 34 7. 4. “Initiative” means the comprehensive tobacco use 35 -13- LSB 1570YH (9) 90 pf/rh 13/ 34

H.F. 386 prevention and control initiative established in this chapter . 1 8. 5. “Manufacturer” means manufacturer as defined in 2 section 453A.1 . 3 9. 6. “Pregnant woman” means a female of any age who is 4 pregnant. 5 10. “School-age youth” means a person attending school in 6 kindergarten through grade twelve. 7 11. 7. “Tobacco” means both cigarettes and tobacco products 8 as defined in section 453A.1 . 9 12. 8. “Youth” means a person who is five through 10 twenty-four years of age. 11 Sec. 25. Section 142A.3, Code 2023, is amended to read as 12 follows: 13 142A.3 Tobacco use prevention and control —— division —— 14 commission —— created . 15 1. The department shall establish, as a separate and 16 distinct division within the department, a division of tobacco 17 use prevention and control. The division shall develop, 18 implement, and administer the initiative established in this 19 chapter and shall perform other duties as directed by this 20 chapter or as assigned by the director of public health . 21 2. A commission on tobacco use prevention and control is 22 established to The department shall develop policy, provide 23 direction for the initiative, and perform all other duties 24 related to the initiative and other tobacco use prevention and 25 control activities as directed by this chapter or referred to 26 the commission by the director of public health . 27 3. The membership of the commission shall include the 28 following voting members who shall serve three-year, staggered 29 terms: 30 a. Members, at least one of whom is a member of a racial 31 minority, to be appointed by the governor, subject to 32 confirmation by the senate pursuant to sections 2.32 and 69.19 , 33 and consisting of the following: 34 (1) Three members who are active with nonprofit health 35 -14- LSB 1570YH (9) 90 pf/rh 14/ 34

H.F. 386 organizations that emphasize tobacco use prevention or who are 1 active as health services providers, at the local level. 2 (2) Three members who are active with health promotion 3 activities at the local level in youth education, nonprofit 4 services, or other activities relating to tobacco use 5 prevention and control. 6 b. Three voting members, to be selected by the participants 7 in the annual statewide youth summit of the initiative’s youth 8 program, who shall not be subject to section 69.16 or 69.16A . 9 However, the selection process shall provide for diversity 10 among the members and at least one of the youth members shall 11 be a female. 12 4. The commission shall also include the following ex 13 officio, nonvoting members: 14 a. Four members of the general assembly, with not more than 15 one member from each chamber being from the same political 16 party. The majority leader of the senate and the minority 17 leader of the senate shall each appoint one of the senate 18 members. The majority leader of the house of representatives 19 and the minority leader of the house of representatives shall 20 each appoint one of the house members. 21 b. The presiding officer of the statewide youth executive 22 body, selected by the delegates to the statewide youth summit. 23 5. In addition to the members of the commission, the 24 following agencies, organizations, and persons shall each 25 assign a single liaison to the commission to provide assistance 26 to the commission in the discharge of the commission’s duties: 27 a. The department of education. 28 b. The drug policy coordinator. 29 c. The department of justice, office of the attorney 30 general. 31 d. The department of human services. 32 6. Citizen members shall be reimbursed for actual and 33 necessary expenses incurred in performance of their duties. 34 Citizen members shall be paid a per diem as specified in 35 -15- LSB 1570YH (9) 90 pf/rh 15/ 34

H.F. 386 section 7E.6 . Legislative members are eligible for per diem 1 and expenses as provided in section 2.10 . 2 7. A member of the commission who is convicted of a crime 3 relating to tobacco, alcohol, or controlled substances is 4 subject to removal from the commission. 5 8. A vacancy on the commission other than for the youth 6 members shall be filled in the same manner as the original 7 appointment for the balance of the unexpired term. A youth 8 member vacancy shall be filled by the presiding officer of the 9 statewide executive body as selected by the delegates to the 10 statewide youth summit. 11 9. The commission shall elect a chairperson from among its 12 voting members and may select other officers from among its 13 voting members, as determined necessary by the commission. 14 The commission shall meet regularly as determined by the 15 commission, upon the call of the chairperson, or upon the call 16 of a majority of the voting members. 17 10. The commission may designate an advisory council. The 18 commission shall determine the membership and representation 19 of the advisory council and members of the council shall serve 20 at the pleasure of the commission. The advisory council may 21 include representatives of health care provider groups, parent 22 groups, antitobacco advocacy programs and organizations, 23 research and evaluation experts, and youth organizers. 24 Sec. 26. Section 142A.4, Code 2023, is amended to read as 25 follows: 26 142A.4 Commission Department duties. 27 The commission department shall do all of the following: 28 1. Develop and implement the comprehensive tobacco use 29 prevention and control initiative as provided in this chapter . 30 2. Provide a forum for the discussion, development, and 31 recommendation of public policy alternatives in the field of 32 tobacco use prevention and control. 33 3. Develop an educational component of the initiative. 34 Educational efforts provided through the school system shall be 35 -16- LSB 1570YH (9) 90 pf/rh 16/ 34

H.F. 386 developed in conjunction with the department of education. 1 4. Develop a plan for implementation of the initiative in 2 accordance with the purpose and intent specified in section 3 142A.1 . 4 5. Provide for technical assistance, training, and other 5 support under the initiative. 6 6. Take actions to develop and implement a statewide 7 system for the initiative programs that are delivered through 8 community partnerships. 9 7. Manage and coordinate the provision of funding and other 10 moneys available to the initiative by combining all or portions 11 of appropriations or other revenues as authorized by law. 12 8. Assist with the linkage of the initiative with child 13 welfare and juvenile justice decategorization projects, 14 education programming, early childhood Iowa areas, and other 15 programs and services directed to youth at the state and 16 community level. 17 9. a. Coordinate and respond to any requests from a 18 community partnership relating to any of the following: 19 (1) a. Removal of barriers to community partnership 20 efforts. 21 (2) b. Pooling and redirecting of existing federal, state, 22 or other public or private funds available for purposes that 23 are consistent with the initiative. 24 (3) c. Seeking of federal waivers to assist community 25 partnership efforts. 26 b. In coordinating and responding to the requests, the 27 commission shall work with state agencies, the governor, and 28 the general assembly as necessary to address requests deemed 29 appropriate by the commission. 30 10. Adopt rules pursuant to chapter 17A as necessary for the 31 designation, governance, and oversight of the initiative and 32 the implementation of this chapter . The commission department 33 shall provide for community partnership and youth program input 34 in the rules adoption process. The rules shall include but are 35 -17- LSB 1570YH (9) 90 pf/rh 17/ 34

H.F. 386 not limited to all of the following: 1 a. Performance indicators for initiative programs, community 2 partnerships, and the services provided under the auspices of 3 community partnerships. The performance indicators shall be 4 developed with input from communities. 5 b. Minimum standards to further the provision of equal 6 access to services. 7 11. Monitor and evaluate the effectiveness of performance 8 measures utilized under the initiative. 9 12. Submit a report to the governor and the general 10 assembly on a periodic basis, during the initial year of 11 operation, and on an annual basis thereafter, regarding 12 the initiative, including demonstrated progress based on 13 performance indicators. The commission department shall report 14 more frequently if requested by the joint appropriations 15 subcommittee that makes recommendations concerning the 16 commission’s department’s budget. Beginning July 1, 2005, the 17 commission shall also perform a comprehensive review of the 18 initiative and shall submit a report of its findings to the 19 governor and the general assembly on or before December 15, 20 2005. 21 13. Represented by the chairperson of the commission, 22 annually appear before the joint appropriations subcommittee 23 that makes recommendations concerning the commission’s budget 24 to report on budget expenditures and division operations 25 relative to the prior fiscal year and the current fiscal year. 26 14. Advise the director in evaluating potential candidates 27 for the position of administrator, consult with the director 28 in the hiring of the administrator, and review and advise 29 the director on the performance of the administrator in the 30 discharge of the administrator’s duties. 31 15. 13. Prioritize funding needs and the allocation of 32 moneys appropriated and other resources available for the 33 programs and activities of the initiative. 34 16. 14. Review fiscal needs of the initiative and make 35 -18- LSB 1570YH (9) 90 pf/rh 18/ 34

H.F. 386 recommendations to the director in the development of budget 1 requests. 2 17. 15. Solicit and accept any gift of money or property, 3 including any grant of money, services, or property from the 4 federal government, the state, a political subdivision, or 5 a private source that is consistent with the goals of the 6 initiative. The commission department shall adopt rules 7 prohibiting the acceptance of gifts from a manufacturer of 8 tobacco products. 9 18. 16. Advise and make recommendations to the governor, 10 the general assembly, and the director, and the administrator, 11 relative to tobacco use, treatment, intervention, prevention, 12 control, and education programs in the state. 13 19. 17. Evaluate the work of the division and the 14 department relating to the initiative. For this purpose, 15 the commission department shall have access to any relevant 16 department records and documents, and other information 17 reasonably obtainable by the department. 18 20. 18. Develop the structure for the statewide youth 19 summit to be held annually. 20 21. 19. Approve the content of any materials distributed 21 by the youth program pursuant to section 142A.9 , prior to 22 distribution of the materials. 23 Sec. 27. Section 142A.5, Code 2023, is amended to read as 24 follows: 25 142A.5 Director and administrator duties. 26 1. The director shall do all of the following: 27 a. Establish and maintain the division of tobacco use 28 prevention and control. 29 b. Employ a separate division administrator, in accordance 30 with the requirements of section 142A.4, subsection 14 , in a 31 full-time equivalent position whose sole responsibility and 32 duty shall be the administration and oversight of the division. 33 The division administrator shall report to and shall serve 34 at the pleasure of the director. The administrator shall 35 -19- LSB 1570YH (9) 90 pf/rh 19/ 34