Senate
Study
Bill
3135
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
WEBSTER)
A
BILL
FOR
An
Act
transferring
the
powers
and
duties
of
local
boards
1
of
health
and
local
health
departments
to
county
boards
2
of
health
and
district
boards
of
health,
and
including
3
applicability
and
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
HEALTH
CARE
DISTRICTS
2
Section
1.
Section
137.101,
Code
2026,
is
amended
to
read
3
as
follows:
4
137.101
Title
and
purpose
.
5
This
chapter
shall
be
known
and
may
be
cited
as
the
“Local
6
Public
Health
Governance
Act”
.
The
purpose
of
this
chapter
is
7
to
define
the
structure,
powers,
and
duties
of
local
boards
8
of
health.
This
chapter
also
provides
an
optional
process
9
for
counties
to
merge
to
form
a
district
board
of
health
in
10
order
to
increase
efficiencies
and
enhance
the
delivery
and
11
availability
of
public
health
services.
12
Sec.
2.
Section
137.102,
Code
2026,
is
amended
to
read
as
13
follows:
14
137.102
Definitions.
15
As
used
in
this
chapter
unless
the
context
otherwise
16
requires:
17
1.
“City
board”
means
a
city
board
of
health
in
existence
18
prior
to
July
1,
2010.
19
2.
“City
health
department”
refers
to
the
personnel
and
20
property
under
the
jurisdiction
of
a
city
board
in
existence
21
prior
to
July
1,
2010.
22
1.
“Board
of
health”
means
a
county
board
or
a
district
23
board.
24
3.
2.
“Council”
means
the
council
on
health
and
human
25
services.
26
4.
3.
“County
board”
means
a
county
board
of
established
to
27
address
public
health
within
the
county
the
board
represents
.
28
5.
“County
health
department”
refers
to
the
personnel
and
29
property
under
the
jurisdiction
of
a
county
board.
30
4.
“Department”
means
the
department
of
health
and
human
31
services.
32
6.
5.
“Director”
means
the
director
of
health
and
human
33
services.
34
7.
6.
“District”
means
any
two
or
more
geographically
a
35
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geographic
area
formed
by
any
number
of
contiguous
counties
1
pursuant
to
section
137.106
.
2
8.
7.
“District
board”
means
a
board
of
established
to
3
address
public
health
representing
at
least
two
geographically
4
contiguous
counties
formed
with
approval
of
the
state
5
department
in
accordance
with
this
chapter
,
or
any
district
6
board
of
health
in
existence
prior
to
July
1,
2010
within
the
7
district
the
board
represents
.
8
9.
8.
“
District
health
Health
department”
refers
to
the
9
personnel
and
property
under
the
jurisdiction
of
a
district
10
board
of
health
.
11
10.
“Local
board
of
health”
means
a
city,
county,
or
12
district
board
of
health.
13
11.
“Officers”
means
a
local
board
of
health
chairperson,
14
vice
chairperson,
and
secretary,
and
other
officers
which
may
15
be
named
at
the
discretion
of
the
local
board
of
health.
16
12.
“State
department”
or
“department”
means
the
department
17
of
health
and
human
services.
18
Sec.
3.
Section
137.103,
Code
2026,
is
amended
by
striking
19
the
section
and
inserting
in
lieu
thereof
the
following:
20
137.103
County
boards.
21
1.
If
a
county
is
not
part
of
a
district,
that
county
shall
22
establish
a
county
board
to
oversee
public
health
matters
23
within
the
county.
24
2.
a.
The
county
shall
create
a
fiscal
plan
for
the
25
county’s
county
board
that
includes
an
estimate
of
proposed
26
expenditures
and
revenues
and
a
funding
plan
that
details
how
27
the
county
board
will
receive
funding.
28
b.
If
a
city
is
located
within
the
jurisdiction
of
more
29
than
one
board
of
health,
each
county
or
district
in
which
the
30
city
is
located
and
the
city
shall
create
a
contribution
plan
31
for
the
city
that
details
how
the
city
will
contribute
to
each
32
board
of
health’s
funding
plan.
33
3.
a.
A
county
board
shall
execute
an
agreement
with
each
34
county
hospital
located
in
the
county
that
the
county
board
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represents
to
allow
for
sharing
of
facilities,
health
care
1
services,
and
administrative
resources.
2
b.
A
county
board
may
apply
for
a
waiver
with
the
department
3
to
waive
the
requirement
in
paragraph
“a”
by
providing
the
4
department
evidence
of
all
of
the
following:
5
(1)
The
county
board
has
access
to
an
alternative
means
of
6
providing
health
services
comparable
to
those
provided
by
the
7
county
hospital
with
which
the
county
board
would
otherwise
be
8
required
to
contract.
9
(2)
The
alternative
means
of
providing
health
services
is
10
more
cost-effective
for
the
county
board
than
contracting
with
11
the
county
hospital.
12
c.
A
county
board
that
applies
for
a
waiver
under
paragraph
13
“b”
must
submit
a
letter
explaining
the
county
board’s
decision
14
to
apply
for
the
waiver
to
each
city
council
of
a
city
that
is
15
located
in
the
county
board’s
county.
16
4.
A
county
may
subsequently
request
to
be
added
to
an
17
existing
district
pursuant
to
section
137.113,
or
request
to
18
form
a
district
pursuant
to
section
137.106.
19
Sec.
4.
Section
137.104,
Code
2026,
is
amended
to
read
as
20
follows:
21
137.104
Local
boards
Boards
of
health
——
powers
and
duties.
22
Local
boards
of
health
shall
have
the
following
powers
and
23
duties:
24
1.
A
local
board
of
health
shall:
25
a.
Enforce
state
health
laws
and
the
department’s
rules
and
26
lawful
orders
of
the
state
department
.
27
b.
Make
Adopt
and
enforce
such
reasonable
rules
and
28
regulations
not
inconsistent
with
any
state
or
federal
law
29
and
the
rules
of
the
department
as
may
be
necessary
for
the
30
protection
and
improvement
of
the
public
health.
31
(1)
Rules
of
a
city
board
shall
become
effective
upon
32
approval
by
the
city
council
and
publication
in
a
newspaper
33
having
general
circulation
in
the
city.
34
(2)
(1)
Rules
of
a
county
board
shall
become
effective
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upon
approval
by
the
county
board
of
supervisors
by
a
motion
or
1
resolution
as
defined
in
section
331.101,
subsection
13
,
and
2
publication
in
a
newspaper
having
general
circulation
in
the
3
county.
4
(3)
(2)
Rules
of
a
district
board
shall
become
effective
5
upon
approval
by
the
district
board
and
publication
in
a
6
newspaper
having
general
circulation
in
the
district
that
the
7
district
board
represents
.
8
(4)
(3)
Before
approving
any
a
rule
or
regulation
the
9
local
,
a
board
of
health
shall
hold
a
public
hearing
on
the
10
proposed
rule.
Any
citizen
may
appear
and
be
heard
at
the
11
public
hearing.
A
notice
of
the
public
hearing,
stating
the
12
time
and
place
of
the
hearing
and
the
general
nature
of
the
13
proposed
rule
,
or
regulation
shall
be
published
in
a
newspaper
14
having
general
circulation
as
provided
in
section
331.305
in
15
the
area
served
by
the
local
jurisdiction
that
the
board
of
16
health
represents
.
17
c.
Employ
persons
as
necessary
for
the
efficient
discharge
18
of
its
the
board
of
health’s
duties.
Employment
practices
19
shall
meet
the
requirements
of
chapter
8A,
subchapter
IV
,
or
20
any
civil
service
provision
adopted
under
chapter
400
.
21
d.
Provide
the
names
of
all
local
members
of
the
board
of
22
health
members
and
officers
to
the
state
department.
23
e.
Provide
minutes
of
local
board
of
health
meetings
24
and
reports
of
the
local
board
of
health’s
operations
and
25
activities
to
the
state
department
as
may
be
required
by
the
26
director,
by
rule,
or
by
contract.
27
2.
A
local
board
of
health
may
do
all
of
the
following
:
28
a.
Provide
such
population-based
and
personal
health
29
services
as
may
be
deemed
necessary
for
the
promotion
and
30
protection
of
the
public
health
of
the
public
and
charge
31
reasonable
fees
for
personal
health
services.
A
person
An
32
individual
shall
not
be
denied
necessary
services
within
the
33
limits
of
available
resources
because
of
inability
to
pay
the
34
cost
of
such
services.
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b.
Provide
such
environmental
health
services
as
may
be
1
deemed
necessary
for
the
protection
and
improvement
of
the
2
public
health
and
issue
.
3
c.
Issue
licenses
and
permits
and
charge
reasonable
fees
in
4
relation
to
the
construction
or
operation
of
nonpublic
water
5
supplies
or
private
sewage
disposal
systems.
6
c.
d.
Engage
in
joint
operations
and
contract
with
7
individuals,
county
hospitals,
colleges
and
universities,
the
8
state
department,
and
other
public,
private,
and
nonprofit
9
agencies
,
and
individuals
or
form
a
district
health
department
10
to
provide
personal
and
population-based
public
health
11
services.
12
d.
e.
By
written
agreement
with
the
city
council
of
any
13
city
within
its
the
board
of
health’s
jurisdiction,
enforce
14
appropriate
ordinances
of
the
city
relating
to
public
health.
15
e.
f.
Demand
that
a
raw
milk
producer
provide
the
board
16
of
health
with
all
records
required
to
be
retained
by
the
raw
17
milk
producer
as
provided
in
section
195.6
,
including
any
of
18
the
following:
19
(1)
The
coliform
count
and
standard
plate
count
of
dairy
20
animals
maintained
at
a
raw
milk
dairy
owned
or
operated
by
the
21
raw
milk
producer.
22
(2)
The
administration
of
antibiotic
drugs
to
dairy
animals
23
maintained
at
a
raw
milk
dairy
owned
or
operated
by
the
raw
24
milk
producer.
25
Sec.
5.
Section
137.105,
Code
2026,
is
amended
to
read
as
26
follows:
27
137.105
Local
boards
Boards
of
health
——
membership
and
28
meetings.
29
1.
Membership,
terms,
compensation,
and
vacancies.
30
a.
All
members
of
a
city
board
shall
be
appointed
by
the
31
city
council.
32
b.
All
members
of
a
county
board
shall
be
appointed
by
the
33
county
board
of
supervisors.
34
c.
1.
a.
The
membership
of
a
county
board
shall
consist
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of
the
following:
1
(1)
Two
members
appointed
as
agreed
upon
by
a
majority
of
2
the
cities
within
the
county.
3
(2)
Two
members
appointed
by
the
county
board
of
4
supervisors.
5
(3)
One
member
appointed
as
agreed
upon
by
a
majority
of
the
6
cities
within
the
county
and
the
county
board
of
supervisors.
7
b.
All
members
of
a
district
board
shall
be
appointed
by
the
8
county
board
of
supervisors
from
each
county
represented
by
the
9
district
board
.
Each
county
board
of
supervisors
shall
appoint
10
at
least
one
but
no
more
than
three
two
members
to
the
district
11
board
.
12
d.
c.
Local
boards
of
health
shall
consist
of
at
least
five
13
members.
At
least
one
board
of
health
member
shall
be
licensed
14
as
a
physician
under
chapter
148
,
a
physician
assistant
under
15
chapter
148C
,
an
advanced
registered
nurse
practitioner
under
16
chapter
152
,
or
an
advanced
practice
registered
nurse
under
17
chapter
152E
.
18
e.
d.
A
local
Each
board
of
health
member
shall
serve
for
19
a
term
of
three
years
.
A
member
is
,
and
shall
be
eligible
for
20
reappointment.
21
f.
e.
A
local
Each
board
of
health
member
shall
serve
22
without
compensation,
but
may
be
reimbursed
for
necessary
23
expenses
in
accordance
with
rules
established
by
the
department
24
or
the
applicable
jurisdiction
.
25
g.
f.
A
local
As
soon
as
practicable
after
a
vacancy
26
occurs,
a
board
of
health
member
vacancy
due
to
death,
27
resignation,
or
other
cause
shall
be
filled
as
soon
as
possible
28
after
shall
fill
the
vacancy
exists
for
the
unexpired
term
of
29
the
original
appointment.
30
2.
Meetings.
A
majority
of
the
members
of
a
local
board
31
of
health
shall
be
considered
a
quorum
and
an
affirmative
vote
32
of
the
majority
of
the
members
present
is
shall
be
necessary
33
for
a
board
to
take
action
taken
by
a
local
board
of
health
.
34
The
majority
shall
not
include
any
member
who
has
a
conflict
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of
interest
in
the
matter
being
voted
on,
and
a
statement
by
a
1
member
that
the
member
that
has
a
conflict
of
interest
exists
2
shall
be
conclusive
for
this
purpose.
3
Sec.
6.
Section
137.106,
Code
2026,
is
amended
to
read
as
4
follows:
5
137.106
District
boards
of
health
Districts
——
request
to
6
form.
7
1.
The
county
boards
board
of
supervisors
of
any
two
or
8
more
number
of
geographically
contiguous
counties
may
at
any
9
time
submit
a
request
to
form
a
district
board
to
the
state
10
department.
The
formation
request
shall
be
in
writing,
shall
11
be
executed
by
the
county
boards
board
of
supervisors
and
the
12
county
boards
of
health
for
of
each
county
comprising
the
13
proposed
district
board
,
and
shall
include
but
not
be
limited
14
to
all
of
the
following
required
elements
:
15
1.
a.
A
written
narrative
that
explains
how
a
district
16
board
will
attain
the
capability
to
provide
population-based
17
and
personal
public
health
services.
18
2.
The
composition
of
the
district
board,
including
the
19
number
of
members
each
county
shall
appoint
pursuant
to
section
20
137.105
and
the
total
number
of
members
on
the
district
board.
21
3.
Proof
of
approval
by
all
county
boards
of
supervisors
22
and
county
boards
of
health
involved
in
the
request
to
form
a
23
district
board
and
of
the
elements
included
in
the
formation
24
plan.
25
4.
b.
The
proposed
district’s
service
delivery
plan.
26
5.
c.
The
budget
and
fiscal
plan
for
the
proposed
district
27
board
.
The
budget
fiscal
plan
shall
include
an
all
of
the
28
following:
29
(1)
An
estimate
of
proposed
expenditures
and
revenues
and
30
an
allocation
for
the
district.
31
(2)
An
estimate
of
the
revenue
responsibilities
of
fiscal
32
contributions
each
of
the
counties
county
participating
in
33
the
proposed
district
board
will
contribute
to
the
proposed
34
district
.
35
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6.
d.
A
table
of
An
organization
.
1
7.
A
personnel
system
description,
including
identification
2
chart
that
includes
the
name
of
the
proposed
district
treasurer
3
and
,
the
proposed
district
auditor
,
and
a
section
which
4
addresses
the
employment
issues
contained
in
actions
the
5
proposed
district
will
take
to
maintain
compliance
with
section
6
137.110
.
7
8.
e.
The
location
of
the
proposed
district
board
offices
8
and
workforce
throughout
the
jurisdiction
district
personnel
.
9
9.
f.
(1)
An
inventory
of
the
property
and
equipment
in
10
the
custody
of
each
county
board
and
a
description
as
to
of
11
whether
such
the
property
and
equipment
shall
remain
in
the
12
custody
of
owned
by
the
county
or
ownership
of
the
property
13
shall
be
transferred
transfer
to
the
proposed
district
board
to
14
become
property
of
the
district
board
.
15
(2)
If
property
or
equipment
is
to
remain
owned
by
the
16
county,
a
proposed
agreement
between
the
county
and
the
17
proposed
district
for
joint
use
and
maintenance
of
the
property
18
or
equipment
in
a
manner
that
allows
both
the
county
and
the
19
district
board
to
perform
the
county’s
and
the
district
board’s
20
respective
duties.
21
10.
g.
A
timeline
for
the
adoption
of
district
board
the
22
proposed
district’s
rules
and
regulations
.
23
h.
Whether
the
individual
counties
or
the
district
will
24
be
responsible
for
payment
of
unemployment
compensation
for
25
each
county
employee
employed
by
a
county
board
at
the
time
of
26
formation
of
the
proposed
district,
but
not
employed
by
the
27
district
board
following
formation
of
the
district.
28
i.
A
description
of
how
property
in
the
proposed
district’s
29
custody
will
be
divided
if
a
county
withdraws
from
the
proposed
30
district
or
the
proposed
district
dissolves.
31
11.
j.
Other
criteria
as
established
by
the
department
by
32
rule
of
the
state
department
.
33
2.
The
department
shall
review
each
request,
approve
the
34
formation
of
a
district
if
the
request
meets
the
requirements
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of
this
section,
and
notify
each
county
board
of
supervisors
1
that
submitted
the
request
of
the
department’s
decision.
2
3.
Upon
receipt
of
notice
of
approval
as
a
district,
the
3
district
shall
establish
a
district
board
and
district
board
4
members
shall
be
appointed
as
specified
in
section
137.105.
5
Sec.
7.
Section
137.109,
Code
2026,
is
amended
to
read
as
6
follows:
7
137.109
Organizational
structure
of
district
board
District
8
boards
and
district
health
departments
——
tort
liability
and
open
9
records
.
10
A
district
board
is
a
governing
body
for
purposes
of
chapter
11
670
,
and
a
district
health
department
is
a
municipality
for
12
purposes
of
chapter
670
.
All
meetings
of
a
district
board
13
shall
comply
with
the
requirements
of
chapter
21
,
and
all
14
records
of
a
district
board
and
a
district
health
department
15
shall
be
maintained
in
accordance
with
chapter
22
.
16
Sec.
8.
Section
137.110,
Code
2026,
is
amended
to
read
as
17
follows:
18
137.110
District
personnel.
19
1.
A
district
board
may
employ
persons
individuals
as
20
necessary
for
the
efficient
discharge
of
its
the
district
21
board’s
duties
.
A
district
board
and
shall
have
all
the
same
22
duties
and
powers
in
employing
such
persons
individuals
as
a
23
county
board
of
supervisors
is
granted
pursuant
to
section
24
331.324
,
with
the
exception
of
the
authority
to
provide
for
25
support
of
the
civil
service
commission
for
deputy
sheriffs
26
as
specified
in
section
331.324,
subsection
1
,
paragraph
“k”
.
27
A
district
board
may
employ
persons
shall
give
individuals
28
who
were
employed
by
one
of
the
counties
represented
by
the
29
district
board
at
the
time
of
the
formation
of
the
district
30
board
by
the
counties
represented
by
the
district
board,
or
31
may
employ
persons
who
were
not
employed
by
such
counties
32
preference
when
hiring
new
district
personnel
.
The
county
33
boards
involved
shall
specify
in
the
request
submitted
pursuant
34
to
section
137.106
whether
the
individual
counties
or
the
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district
board
will
be
responsible
for
payment
of
unemployment
1
compensation
for
any
county
employees
employed
by
the
county
2
board
at
the
time
of
formation
of
the
district
board
but
not
3
employed
by
the
district
board
following
formation.
4
2.
If
the
district
board
employs
persons
an
individual
who
5
were
was
employed
by
one
of
the
counties
represented
by
the
6
district
board
at
the
time
of
formation
of
the
district
board,
7
the
district
board
shall
recognize
the
term
of
service
of
the
8
former
county
employees
employee
for
purposes
of
all
employee
9
benefits
offered
by
the
district
board
to
such
employees
the
10
employee
and
such
employees
the
employee
shall
not
forfeit
11
accrued
vacation,
accrued
sick
leave,
or
longevity
by
becoming
12
district
board
employees
.
13
3.
Persons
An
individual
who
were
was
covered
by
county
14
employee
life
insurance,
accident
insurance,
and
health
15
insurance
plans
prior
to
becoming
a
district
board
employees
16
employee
pursuant
to
this
chapter
section
shall
be
permitted
to
17
apply
,
prior
to
becoming
a
district
board
employees
employee,
18
for
life,
accident,
and
health
insurance
plans
that
are
is
19
available
to
district
board
employees
so
that
those
persons
do
20
the
individual
does
not
suffer
a
lapse
of
insurance
coverage
as
21
a
result
of
becoming
district
board
employees
.
22
4.
The
district
board
may
employ
or
contract
with
legal
23
counsel
,
which
may
include
the
county
attorney
of
a
county
24
within
the
district,
to
enforce
this
chapter
and
district
board
25
rules,
represent
and
defend
the
district
board
and
its
officers
26
and
the
district
board’s
employees,
provide
legal
advice
to
the
27
district
board,
and
perform
any
other
legal
duties
required
by
28
law
or
and
as
assigned
by
the
district
board.
The
district
29
board
may
employ
or
contract
with
the
county
attorney
of
a
30
county
within
its
jurisdiction.
31
Sec.
9.
Section
137.111,
Code
2026,
is
amended
to
read
as
32
follows:
33
137.111
District
Board
of
health
treasurer
and
auditor.
34
Upon
establishment
of
a
district
board
of
health
,
the
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district
board
of
health
shall
designate
a
treasurer
an
1
individual
to
serve
as
treasurer
of
the
district
board
of
2
health’s
health
department,
and
shall
designate
an
auditor
3
individual
to
serve
as
auditor
of
the
district
board
of
4
health’s
health
department.
A
treasurer
or
auditor
of
any
5
county
within
the
district
may
also
serve
in
the
capacity
6
of
treasurer
or
auditor
of
the
district
health
department,
7
respectively,
or
the
district
board
may
contract
with
a
third
8
party
to
act
as
the
treasurer
or
auditor
of
the
district
health
9
department.
A
county
treasurer’s
or
county
auditor’s
official
10
bond
may
extend
to
cover
their
the
county
treasurer’s
or
county
11
auditor’s
respective
duties
performed
on
behalf
of
the
district
12
a
board
of
health’s
health
department.
13
Sec.
10.
Section
137.112,
Code
2026,
is
amended
to
read
as
14
follows:
15
137.112
District
public
Public
health
fund
——
budget.
16
1.
The
district
treasurer
designated
under
section
17
137.111
shall
establish
a
district
public
health
fund
from
18
which
disbursements
may
be
made
in
the
manner
specified
for
19
disbursements
by
law
for
the
disbursement
of
county
funds.
20
2.
a.
All
moneys
received
by
a
district
board
or
district
21
health
department
for
local
public
health
purposes
from
of
22
health
including
federal
appropriations,
state
appropriations,
23
local
appropriations,
fees,
gifts,
grants,
bequests,
or
other
24
sources
shall
be
deposited
in
the
district
public
health
fund.
25
Expenditures
The
board
of
health
shall
be
made
from
use
moneys
26
in
the
fund
on
order
of
the
district
board
for
the
purpose
of
27
carrying
out
its
the
board
of
health’s
duties.
28
b.
No
more
than
twenty
percent
of
the
unexpended
balance
29
remaining
in
the
public
health
fund
at
the
end
of
each
fiscal
30
year
shall
be
maintained
in
the
district
public
health
fund.
31
The
remainder
of
the
unexpended
balance
shall
revert
be
32
transferred
as
follows:
33
(1)
For
a
county
board,
to
each
city
that
contributed
to
34
the
county
board’s
annual
budget
in
an
amount
proportionate
to
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the
amount
the
city
contributed
to
the
county
board’s
annual
1
budget.
2
(2)
For
a
district
board,
to
the
general
funds
of
the
each
3
member
counties
county
in
the
manner
determined
by
an
amount
4
proportionate
to
the
amount
the
member
county
contributed
to
5
the
district
board
board’s
annual
budget
.
6
3.
2.
a.
The
district
Each
board
of
health
shall
adopt
and
7
certify
an
annual
budget
in
accordance
compliance
with
section
8
sections
24.17
relating
to
certification
of
budgets
and
section
9
24.27
relating
to
protesting
budgets
and
based
on
the
board
of
10
health’s
fiscal
plan
created
in
section
137.103,
subsection
2,
11
or
section
137.106,
subsection
1,
paragraph
“c”
.
12
4.
b.
(1)
(a)
This
section
does
not
apply
to
any
district
13
board
of
health
or
district
health
department
in
existence
14
prior
to
July
1,
2010
A
county
board
shall
submit
a
proposed
15
annual
budget
to
the
county
board’s
county
board
of
supervisors
16
and
each
city
that
contributes
to
the
county
board’s
annual
17
budget
.
18
(b)
A
proposed
annual
budget
shall
be
considered
certified
19
when
two-thirds
of
the
entities
that
contribute
to
the
county
20
board’s
annual
budget
approve
the
proposed
annual
budget.
21
If
fewer
than
three
entities
contribute
to
a
county
board’s
22
budget,
a
proposed
annual
budget
shall
be
considered
certified
23
when
all
entities
that
contribute
to
the
county
board’s
annual
24
budget
approve
the
proposed
annual
budget.
25
(2)
(a)
A
district
board
shall
submit
a
proposed
annual
26
budget
to
each
member
county
that
contributes
to
the
district
27
board’s
annual
budget.
28
(b)
A
proposed
annual
budget
shall
be
considered
certified
29
when
two-thirds
of
the
member
counties
that
contribute
to
the
30
district
board’s
annual
budget
approve
the
proposed
annual
31
budget.
If
fewer
than
three
counties
contribute
to
a
district
32
board’s
budget,
a
proposed
annual
budget
shall
be
considered
33
certified
when
all
member
counties
that
contribute
to
the
34
district
board’s
annual
budget
approve
the
proposed
annual
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budget.
1
Sec.
11.
Section
137.113,
Code
2026,
is
amended
to
read
as
2
follows:
3
137.113
Adding
additional
counties
to
a
district.
4
1.
A
county
may
request
to
be
added
to
an
existing
district
5
board
by
submission
and
approval
of
submitting
a
request
,
as
6
specified
in
sections
pursuant
to
section
137.106
and
137.107
.
7
2.
Upon
approval
under
section
137.106
for
a
county
to
join
8
a
district,
all
of
the
following
shall
occur:
9
a.
The
powers
and
responsibilities
of
the
county’s
county
10
board
shall
immediately
transfer
to
the
district
board
that
11
represents
the
district.
12
b.
All
property
and
equipment
in
the
custody
of
the
13
county
board
shall
be
divided
as
provided
in
section
137.106,
14
subsection
1,
paragraph
“f”
.
15
c.
The
county’s
county
board
shall
be
dissolved.
16
Sec.
12.
Section
137.114,
Code
2026,
is
amended
to
read
as
17
follows:
18
137.114
Withdrawal
County
withdrawal
from
a
district.
19
1.
A
county
may
request
to
withdraw
from
an
existing
a
20
district
board
upon
submission
of
by
submitting
a
request
21
for
withdrawal
to
and
approval
by
the
state
department.
The
22
A
request
to
withdraw
shall
include
a
plan
to
reform
its
23
reestablish
the
requesting
county’s
county
board
or
join
a
24
different
district
board,
information
specified
in
section
25
137.106
,
and
written
approval
of
the
request
by
from
the
26
district
board
that
represents
the
district
from
which
the
27
county
is
requesting
to
withdraw
.
Any
county
choosing
to
28
withdraw
from
the
district
board
shall
commit
to
the
continuity
29
of
services
in
its
county
by
reestablishing
its
county
board
30
or
joining
a
different
district
board.
The
remaining
counties
31
in
the
district
32
2.
Upon
approving
a
county’s
request
to
withdraw
from
a
33
district,
the
district
board
that
approved
the
withdrawal
shall
34
submit
an
application
including
the
information
specified
in
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section
137.106
to
the
state
department
for
review
as
provided
1
in
section
137.107
the
district
as
it
will
exist
without
the
2
withdrawing
county
.
3
3.
If
only
one
county
will
remain
in
a
district
after
the
4
withdrawal
of
a
county,
the
district
shall
be
dissolved
and
the
5
remaining
county’s
county
board
shall
be
reestablished.
6
Sec.
13.
Section
137.116,
Code
2026,
is
amended
to
read
as
7
follows:
8
137.116
Emergency
request
for
funds
moneys
.
9
A
local
board
of
health
may,
during
a
public
health
10
disaster
,
as
that
term
is
defined
in
section
135.140
,
or
11
in
preparation
for
or
response
to
such
disaster,
request
12
additional
appropriations
moneys
which
may
,
upon
approval
of
13
the
director
,
be
allotted
allocated
from
the
funds
reserved
14
moneys
appropriated
for
that
purpose
to
the
extent
that
funds
15
moneys
are
appropriated
and
available.
Upon
termination
of
16
the
public
health
disaster
response
,
the
local
board
of
health
17
shall
report
its
to
the
director
on
the
expenditures
by
the
18
board
of
emergency
funds
to
the
director
the
additional
moneys
.
19
Sec.
14.
Section
137.117,
Code
2026,
is
amended
to
read
as
20
follows:
21
137.117
Penalties
——
criminal
and
civil.
22
1.
Any
A
person
who
violates
any
provision
of
this
chapter
23
or
the
rules
of
a
local
rule
adopted
by
a
board
of
health
or
any
24
lawful
order
of
the
board,
its
officers,
or
authorized
agents
25
is
guilty
of
a
simple
misdemeanor.
Each
additional
day
of
26
neglect
or
failure
a
person
fails
to
comply
with
such
provision
27
this
chapter
,
rule
or
a
rule
adopted
by
a
board
of
health
,
or
28
lawful
order
after
notice
being
notified
of
the
violation
by
29
the
local
board
of
health
shall
constitute
a
separate
offense.
30
2.
A
local
board
of
health
may
impose
a
civil
penalty
not
31
to
exceed
seven
hundred
fifty
dollars
for
each
violation
of
32
this
chapter
or
the
rules
of
a
rule
adopted
by
the
local
board
33
of
health
or
any
lawful
order
of
the
board,
its
officers,
or
34
authorized
agents
.
If
the
violation
is
a
repeat
offense,
A
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board
of
health
may
impose
a
civil
penalty
not
up
to
exceed
one
1
thousand
dollars
may
be
imposed
for
a
violation
if
the
board
2
finds
the
person
who
committed
the
violation
has
previously
3
committed
the
same
violation
.
The
local
board
of
health
shall
4
impose
and
enforce
such
penalties
in
the
manner
provided
in
5
section
331.307
for
county
infractions.
6
Sec.
15.
NEW
SECTION
.
137.118A
City
public
health
7
functions.
8
1.
A
city
shall
perform
all
public
health
functions
through
9
the
county
board
or
district
board
that
represents
the
city.
10
2.
If
a
city
is
located
within
the
jurisdiction
of
11
multiple
boards
of
health,
each
county
board
of
supervisors
12
that
represents
the
city,
and
the
city,
shall
enter
into
an
13
agreement
that
details
how
public
health
services
will
be
14
provided
to
the
city.
15
Sec.
16.
Section
137.119,
Code
2026,
is
amended
to
read
as
16
follows:
17
137.119
Adoption
of
rules.
18
1.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
19
to
implement
and
administer
this
chapter
.
The
department
is
20
vested
with
discretionary
authority
to
interpret
the
provisions
21
of
this
chapter
.
22
2.
A
board
of
health
shall
not
adopt
a
rule
that
creates
a
23
requirement
that
is
more
stringent
than
what
is
required
by
the
24
state
unless
each
city
within
a
county
board’s
jurisdiction,
25
or
each
county
board
of
supervisors
within
a
district
board’s
26
jurisdiction,
agree
to
the
more
stringent
requirement.
27
Sec.
17.
NEW
SECTION
.
137.120
Interpretation
of
chapter.
28
This
chapter
shall
not
be
construed
to
prohibit
a
county
29
from
entering
into
contracts
not
contemplated
by
this
chapter
30
to
provide
necessary
public
health
services
in
a
manner
not
31
prohibited
by
law.
32
Sec.
18.
Section
143.1,
Code
2026,
is
amended
to
read
as
33
follows:
34
143.1
Authority
to
employ.
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Any
local
A
board
of
health
as
defined
in
section
137.102
,
1
area
education
agency
board,
or
the
school
board
of
any
school
2
district
may
employ
public
health
nurses
at
periods
each
3
year
and
in
numbers
as
deemed
advisable.
The
council
of
any
4
city
A
board
of
health
,
or
the
school
board
of
any
school
5
district,
or
any
of
them
board
of
health
and
school
board
of
a
6
school
district
acting
in
cooperation,
may
contract
with
any
a
7
nonprofit
nurses’
association
for
public
health
nursing
service
8
services
.
The
compensation
and
expenses
shall
be
paid
out
of
9
the
general
fund
of
the
political
subdivision
employing
nurses
10
contracting
for
public
health
nursing
services
.
11
Sec.
19.
REPEAL.
Sections
137.107,
137.108,
and
137.115,
12
Code
2026,
are
repealed.
13
Sec.
20.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
14
effect
July
1,
2027.
15
DIVISION
II
16
TRANSITION
PROVISIONS
17
Sec.
21.
CITY
BOARDS
OF
HEALTH
——
TRANSITION
TO
COUNTY
18
BOARDS
AND
DISTRICT
BOARDS.
19
1.
For
purposes
of
this
division:
20
a.
“City
board”
means
a
city
board
of
health.
21
b.
“County
board”,
“district”,
and
“district
board”
mean
22
the
same
as
defined
in
section
137.102,
as
enacted
in
division
23
I
of
this
Act.
24
c.
“Public
health
fund”
means
a
fund
established
pursuant
to
25
section
137.112,
as
enacted
in
division
I
of
this
Act.
26
d.
“Transition
period”
means
the
period
beginning
on
the
27
date
of
enactment
of
this
division
of
this
Act
and
concluding
28
on
June
30,
2027.
29
2.
During
the
transition
period,
each
city
board
shall
30
cooperate
with
each
county
board
of
supervisors
representing
31
the
counties
in
which
the
city
board
is
located
to
transition
32
the
city
board’s
responsibilities
to
a
county
board
or
a
33
district
board.
34
3.
During
the
transition
period,
each
county
shall
have
the
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authority
to
create
a
county
board
or
form
a
district
as
if
1
division
I
of
this
Act
were
enacted.
2
4.
During
the
transition
period,
each
county
board
created
3
and
each
district
board
formed
under
subsection
3
shall
have
4
the
authority
to
do
all
of
the
following:
5
a.
Establish
and
maintain
a
public
health
fund.
6
b.
Perform
public
health
functions
for
the
jurisdiction
the
7
county
board
or
district
board
represents.
8
c.
Establish
policies
as
necessary
to
ensure
efficient
9
transfer
of
responsibilities
from
a
city
board
to
the
county
10
board
or
the
district
board.
11
d.
Execute
contracts
as
necessary
to
establish,
implement,
12
and
maintain
public
health
functions
a
city
board
is
13
transferring
to
the
county
board
or
the
district
board.
14
e.
As
permitted
by
existing
contracts,
assume
contractual
15
obligations
on
behalf
of
a
city
board
that
is
transferring
16
responsibilities
to
the
county
board
or
district
board.
17
5.
a.
At
the
conclusion
of
the
transition
period,
all
18
property
held
by
a
city
board,
including
all
unencumbered
and
19
unobligated
moneys
remaining
in
a
fiscal
account
maintained
by
20
the
city
board,
shall
be
transferred
to
the
county
board
or
the
21
district
board
that
represents
the
city
in
which
the
city
board
22
is
located.
23
b.
If
a
city
located
in
a
city
board’s
jurisdiction
is
24
located
in
multiple
counties,
property
shall
be
transferred
25
according
to
an
agreement
executed
between
the
city
and
each
26
county
board
of
supervisors
that
represents
the
city.
27
6.
City
boards
shall
identify
each
contract
that
will
be
28
impacted
by
this
division
of
this
Act.
On
or
before
June
30,
29
2027,
each
city
board
that
is
a
party
to
a
contract
identified
30
by
a
city
board
under
this
subsection
shall
exercise
the
31
option,
if
available
pursuant
to
the
terms
of
the
contract,
32
to
terminate
the
contract.
Contracts
identified
under
this
33
subsection
that
do
not
provide
for
termination
shall
not
be
34
renewed
or
extended
at
the
end
of
the
current
contract
term.
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7.
Unless
otherwise
provided
in
this
division
of
this
Act,
a
1
city
board
shall
not
enter
into,
renew,
or
extend
any
contract
2
related
to
the
city
board’s
responsibilities
if
the
term
period
3
of
the
contract
would
be
effective,
or
the
deliverables
under
4
the
contract
would
be
provided,
beyond
June
30,
2027.
5
8.
a.
Each
city
board
is
dissolved
at
the
end
of
the
6
transition
period.
7
b.
When
a
city
board
of
health
is
dissolved,
the
fiscal
8
plan
for
the
board
of
health
assuming
the
public
health
duties
9
of
the
dissolved
city
board
of
health
must
include
a
statement
10
of
whether
the
city
the
dissolved
city
board
of
health
11
represented,
or
the
board
of
health,
will
be
responsible
for
12
payment
of
unemployment
compensation
for
each
employee
employed
13
by
the
city
board
of
health
at
the
time
the
city
board
of
health
14
was
dissolved,
but
not
employed
by
the
board
of
health
at
the
15
end
of
the
transition
period.
16
9.
The
board
of
health
assuming
the
public
health
duties
17
of
a
dissolved
city
board
of
health
shall
give
preference
when
18
hiring
new
board
of
health
personnel
to
individuals
employed
19
by
the
city
board
of
health
at
the
time
of
the
city
board
20
of
health’s
dissolution.
If
the
board
of
health
employs
an
21
individual
employed
by
a
city
board
of
health
at
the
time
of
22
the
city
board
of
health’s
dissolution,
the
board
of
health
23
shall
do
all
of
the
following:
24
a.
Recognize
the
term
of
service
of
the
individual
for
25
purposes
of
all
benefits
offered
by
the
board
of
health
26
to
the
individual,
and
the
individual
shall
not
forfeit
27
the
individual’s
accrued
vacation,
accrued
sick
leave,
or
28
longevity.
29
b.
If
the
individual
had
employee
life
insurance,
accident
30
insurance,
and
health
insurance
made
available
by
the
city
31
board
of
health,
the
individual
shall
be
permitted
to
apply,
32
prior
to
becoming
a
board
of
health
employee,
for
life,
33
accident,
and
health
insurance
that
is
available
to
board
of
34
health
employees
so
that
the
individual
does
not
suffer
a
lapse
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of
coverage.
1
Sec.
22.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
2
deemed
of
immediate
importance,
takes
effect
upon
enactment.
3
DIVISION
III
4
HEALTH
CARE
DISTRICTS
CONFORMING
CHANGES
5
Sec.
23.
Section
10A.531,
subsection
7,
Code
2026,
is
6
amended
to
read
as
follows:
7
7.
As
necessary
to
avoid
duplication
and
promote
8
coordination
of
public
health
inspection
and
enforcement
9
activities,
the
department
may
enter
into
agreements
with
local
10
boards
of
health
to
provide
,
as
defined
in
section
137.102,
11
for
inspection
of
tattooing
establishments
and
enforcement
12
activities
in
accordance
with
the
rules
and
criteria
13
implemented
under
this
section
.
14
Sec.
24.
Section
10A.533,
subsections
1
and
2,
Code
2026,
15
are
amended
to
read
as
follows:
16
1.
If
any
local
a
board
of
health
,
as
defined
in
section
17
135.1
135.102
,
shall
fail
fails
to
enforce
the
department’s
18
rules
of
the
department
adopted
under
this
part
,
or
carry
19
out
the
department’s
lawful
directions
under
this
part
,
20
the
department
may
enforce
the
same
within
the
territorial
21
jurisdiction
of
such
local
board,
and
for
that
purpose
it
may
22
exercise
all
of
the
powers
given
by
statute
to
the
local
board
23
assume
control
of
the
board’s
duties,
exercise
all
powers
24
granted
to
the
board
,
and
may
employ
the
necessary
assistants
25
personnel
to
carry
out
its
lawful
directions
enforce
the
26
department’s
rules
and
directions
and
carry
out
the
district
27
board’s
duties
.
28
2.
All
A
board
of
health
shall
be
responsible
for
the
29
payment
of
any
expenses
incurred
by
the
department
in
30
determining
whether
its
rules
are
enforced
by
a
local
the
board
31
under
this
part
,
and
in
enforcing
the
same
when
a
local
board
32
has
failed
to
do
so,
shall
be
paid
in
the
same
manner
as
the
33
expenses
of
enforcing
such
rules
when
enforced
by
the
local
34
board
failed
to
enforce
the
department’s
rules,
and
in
taking
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the
actions
necessary
to
correct
the
board’s
failure
.
1
Sec.
25.
Section
11.41,
subsection
3,
Code
2026,
is
amended
2
to
read
as
follows:
3
3.
If
the
information,
records,
instrumentalities,
and
4
properties
sought
by
the
auditor
of
state
are
required
by
law
5
to
be
kept
confidential,
the
auditor
of
state
shall
have
access
6
to
the
information,
records,
instrumentalities,
and
properties,
7
but
shall
maintain
the
confidentiality
of
all
such
information
8
and
is
subject
to
the
same
penalties
as
the
lawful
custodian
of
9
the
information
for
dissemination
of
the
information.
However,
10
the
auditor
of
state
shall
not
have
access
to
the
income
11
tax
returns
of
individuals
or
information
in
a
report
to
the
12
department
of
health
and
human
services
,
to
or
a
local
board
of
13
health,
or
to
a
local
health
department
as
that
term
is
defined
14
in
section
137.102,
that
identifies
a
person
infected
with
a
15
reportable
disease.
16
Sec.
26.
Section
22.7,
subsection
16,
Code
2026,
is
amended
17
to
read
as
follows:
18
16.
Information
in
a
report
to
the
department
of
health
and
19
human
services
,
to
or
a
local
board
of
health,
or
to
a
local
20
health
department
as
that
term
is
defined
in
section
137.102
,
21
which
identifies
a
person
infected
with
a
reportable
disease.
22
Sec.
27.
Section
28G.4,
subsection
4,
Code
2026,
is
amended
23
to
read
as
follows:
24
4.
Require
the
use
of
the
resource
recovery
facilities
or
25
of
facilities
necessary
to
implement
solid
waste
management
26
projects
as
defined
in
section
28G.2
,
by
any
person
who
can
be
27
effectively
served
by
the
facilities.
However,
this
subsection
28
does
not
prohibit
a
private
agency
from
dumping
or
depositing
29
solid
waste
resulting
from
its
own
residential,
farming,
30
manufacturing,
mining,
or
commercial
activities
on
land
owned
31
or
leased
by
it
if
the
action
does
not
violate
any
statute
of
32
this
state
or
rules
adopted
by
the
environmental
protection
33
commission
,
or
local
boards
of
health
as
that
term
is
defined
34
in
section
137.102,
or
local
ordinances.
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Sec.
28.
Section
135.1,
Code
2026,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
01.
“Board
of
health”
means
the
same
as
3
defined
in
section
137.102.
4
Sec.
29.
Section
135.1,
subsection
2,
Code
2026,
is
amended
5
to
read
as
follows:
6
2.
“Health
officer”
means
the
a
physician,
physician
7
assistant,
advanced
registered
nurse
practitioner,
or
advanced
8
practice
registered
nurse
who
is
the
health
officer
of
the
9
local
a
board
of
health.
10
Sec.
30.
Section
135.1,
subsection
3,
Code
2026,
is
amended
11
by
striking
the
subsection.
12
Sec.
31.
Section
135.11,
subsection
10,
Code
2026,
is
13
amended
to
read
as
follows:
14
10.
Administer
healthy
aging
and
essential
public
health
15
services
by
approving
grants
and
allocations
of
state
funds
16
to
the
local
boards
of
health
for
the
purposes
of
promoting
17
healthy
aging
throughout
the
lifespan
and
enhancing
health
18
promotion
and
disease
prevention
services,
and
by
providing
19
guidelines
for
the
approval
of
the
grants
and
allocation
of
the
20
state
funds.
Guidelines,
evaluation
requirements,
and
formula
21
allocation
procedures
for
the
services
shall
be
established
by
22
the
department
by
rule.
23
Sec.
32.
Section
135.17,
subsection
3,
Code
2026,
is
amended
24
to
read
as
follows:
25
3.
By
May
31
annually,
each
local
board
of
health
shall
26
furnish
the
department
with
evidence
that
each
student
enrolled
27
in
any
public
or
nonpublic
school
within
the
local
board’s
28
jurisdiction
has
met
the
dental
screening
requirement
in
this
29
section
.
30
Sec.
33.
Section
135.19,
subsection
2,
Code
2026,
is
amended
31
to
read
as
follows:
32
2.
The
department
shall
establish
by
rule
a
list
of
33
individuals
by
category
who
are
at
increased
risk
for
viral
34
hepatitis
exposure.
The
list
shall
be
consistent
with
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recommendations
developed
by
the
centers
for
disease
control
1
and
prevention
of
the
United
States
department
of
health
and
2
human
services,
and
shall
be
developed
in
consultation
with
3
the
Iowa
viral
hepatitis
task
force
and
the
Iowa
department
of
4
veterans
affairs.
The
department
shall
also
establish
by
rule
5
what
information
is
to
be
distributed
and
the
form
and
manner
6
of
distribution.
The
rules
shall
also
establish
a
vaccination
7
and
testing
program,
to
be
coordinated
by
the
department
8
through
local
health
departments
and
boards
of
health,
clinics
,
9
and
other
appropriate
locations.
10
Sec.
34.
Section
135.27,
subsections
1
and
4,
Code
2026,
are
11
amended
to
read
as
follows:
12
1.
Program
goals.
The
department
shall
establish
a
grant
13
program
to
energize
local
communities
to
transform
the
existing
14
culture
into
a
culture
that
promotes
healthy
lifestyles
and
15
leads
collectively,
community
by
community,
to
a
healthier
16
state.
The
grant
program
shall
expand
an
existing
healthy
17
communities
initiative
to
assist
local
boards
of
health,
in
18
collaboration
with
existing
community
resources,
to
build
19
community
capacity
in
addressing
the
prevention
of
chronic
20
disease
that
results
from
risk
factors
including
overweight
and
21
obesity
conditions.
22
4.
Eligibility.
Local
boards
Boards
of
health
representing
23
a
coalition
of
health
care
providers
and
community
and
private
24
organizations
are
eligible
to
submit
applications.
25
Sec.
35.
Section
135.33,
Code
2026,
is
amended
to
read
as
26
follows:
27
135.33
Refusal
of
board
to
enforce
rules.
28
If
any
local
a
board
shall
fail
of
health
fails
to
enforce
29
the
department’s
rules
of
the
state
department
or
carry
out
its
30
lawful
the
department’s
directions,
the
department
may
enforce
31
the
same
within
the
territorial
jurisdiction
of
such
local
32
board,
and
for
that
purpose
it
may
exercise
all
of
the
powers
33
given
by
statute
to
the
local
board
assume
control
of
the
34
board’s
duties,
exercise
all
powers
granted
to
the
board
,
and
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may
employ
the
necessary
assistants
personnel
to
carry
out
its
1
lawful
directions
enforce
the
department’s
rules
and
directions
2
and
carry
out
the
board’s
duties
.
3
Sec.
36.
Section
135.34,
Code
2026,
is
amended
to
read
as
4
follows:
5
135.34
Expenses
for
enforcing
rules.
6
All
A
board
of
health
shall
be
responsible
for
the
payment
of
7
any
expenses
incurred
by
the
state
department
in
determining
8
whether
its
rules
are
enforced
by
a
local
the
board
,
and
in
9
enforcing
the
same
when
a
local
board
has
failed
to
do
so,
10
shall
be
paid
in
the
same
manner
as
the
expenses
of
enforcing
11
such
rules
when
enforced
by
the
local
board
failed
to
enforce
12
the
department’s
rules,
and
in
taking
the
required
actions
to
13
correct
the
board’s
failure
.
14
Sec.
37.
Section
135.39D,
subsection
2,
paragraph
b,
Code
15
2026,
is
amended
to
read
as
follows:
16
b.
A
vision
screening
conducted
at
a
pediatrician’s
or
17
family
practice
physician’s
office,
a
free
clinic,
a
child
18
care
center,
a
local
public
health
department
as
that
term
is
19
defined
in
section
137.102
,
a
public
or
accredited
nonpublic
20
school,
or
a
community-based
organization,
or
by
an
advanced
21
registered
nurse
practitioner
or
physician
assistant.
22
Sec.
38.
Section
135.102,
subsection
6,
Code
2026,
is
23
amended
to
read
as
follows:
24
6.
Model
regulations
for
lead
hazard
remediation
to
be
used
25
in
instances
in
which
a
child
is
confirmed
as
lead
poisoned.
26
The
department
shall
make
the
model
regulations
available
27
to
local
boards
of
health
and
shall
promote
the
adoption
of
28
the
regulations
at
the
local
level,
in
cities
and
counties
29
implementing
lead
hazard
remediation
programs.
Nothing
in
30
this
This
subsection
shall
not
be
construed
as
requiring
the
31
adoption
of
the
model
regulations.
32
Sec.
39.
Section
135.103,
Code
2026,
is
amended
to
read
as
33
follows:
34
135.103
Grant
program.
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The
department
shall
implement
a
childhood
lead
poisoning
1
prevention
grant
program
which
provides
federal,
state,
or
2
other
funds
moneys
to
local
boards
each
board
of
health
or
3
cities
for
the
program
after
standards
and
requirements
for
4
the
local
program
are
developed.
The
department
may
also
5
use
federal,
state,
or
other
funds
moneys
provided
for
the
6
childhood
lead
poisoning
prevention
grant
program
to
purchase
7
environmental
and
blood
testing
services
from
a
public
health
8
laboratory.
9
Sec.
40.
Section
135.104,
unnumbered
paragraph
1,
Code
10
2026,
is
amended
to
read
as
follows:
11
The
program
by
a
local
A
board
of
health
or
city
receiving
12
funding
for
an
approved
childhood
lead
poisoning
prevention
13
grant
program
shall
include:
14
Sec.
41.
Section
135.105B,
subsection
3,
Code
2026,
is
15
amended
to
read
as
follows:
16
3.
Following
development
of
the
voluntary
guidelines,
17
cities
or
counties
a
city
or
county
may
elect
to
utilize
the
18
guidelines
in
developing
and
administering
local
programs
19
through
city
or
county
health
departments
on
a
city,
county,
20
or
multicounty
basis
or
may
request
that
the
state
develop
21
and
administer
the
local
program
through
the
board
of
health
22
for
the
jurisdiction
in
which
the
city
or
county
is
located
.
23
However,
cities
and
counties
are
a
city
or
a
county
is
not
24
required
to
develop
and
administer
a
local
programs
program
25
based
upon
the
guidelines.
26
Sec.
42.
Section
135.107,
subsection
1,
Code
2026,
is
27
amended
to
read
as
follows:
28
1.
Provide
technical
planning
assistance
to
rural
29
communities
and
counties
exploring
innovative
means
of
30
delivering
rural
health
services
through
community
health
31
services
assessment,
planning,
and
implementation,
including
32
but
not
limited
to
hospital
conversions,
cooperative
agreements
33
among
hospitals,
physician
and
health
practitioner
support,
34
recruitment
and
retention
of
primary
health
care
providers,
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public
health
services,
emergency
medical
services,
medical
1
assistance
facilities,
rural
health
care
clinics,
and
2
alternative
means
which
may
be
included
in
the
long-term
3
community
health
services
assessment
and
developmental
plan.
4
The
department
shall
encourage
collaborative
efforts
of
the
5
local
boards
of
health,
hospital
governing
boards,
and
other
6
public
and
private
entities
located
in
rural
communities
to
7
adopt
a
long-term
community
health
services
assessment
and
8
developmental
plan
pursuant
to
rules
adopted
by
the
department
9
and
perform
the
duties
required
of
the
department
in
section
10
135B.33
.
11
Sec.
43.
Section
135.119,
subsection
2,
paragraph
d,
Code
12
2026,
is
amended
to
read
as
follows:
13
d.
The
program
plan
shall
incorporate
a
multiyear,
14
collaborative
approach
for
implementation
of
the
plan.
The
15
plan
shall
address
how
to
involve
those
who
regularly
work
16
with
parents
and
persons
responsible
for
the
care
of
a
17
child,
including
but
not
limited
to
child
abuse
prevention
18
programs,
child
care
resource
and
referral
programs,
child
care
19
providers,
family
support
programs,
programs
receiving
funding
20
through
the
early
childhood
Iowa
initiative,
public
and
private
21
schools,
health
care
providers,
local
health
departments
boards
22
of
health
,
birth
centers,
and
birthing
hospitals.
23
Sec.
44.
Section
135.146,
subsection
3,
Code
2026,
is
24
amended
to
read
as
follows:
25
3.
The
department
shall
establish
first
responder
26
notification
procedures
regarding
the
existence
of
the
27
program
by
rule,
and
shall
develop,
and
distribute
to
first
28
responders,
educational
materials
on
methods
of
preventing
29
exposure
to
infectious
diseases.
In
administering
the
program,
30
the
department
may
contract
with
county
and
local
health
31
departments
boards
of
health
,
not-for-profit
home
health
care
32
agencies,
hospitals,
physicians,
and
military
unit
clinics.
33
Sec.
45.
Section
135A.2,
subsection
3,
Code
2026,
is
amended
34
to
read
as
follows:
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3.
“Designated
local
public
health
agency”
means
an
entity
1
that
is
either
governed
by
or
contractually
responsible
to
a
2
local
board
of
health
and
designated
by
the
local
board.
3
Sec.
46.
Section
135A.2,
subsection
4,
Code
2026,
is
amended
4
to
read
as
follows:
5
4.
“Governmental
public
health
system”
means
local
boards
of
6
health,
the
council
on
health
and
human
services,
designated
7
local
public
health
agencies,
the
state
hygienic
laboratory,
8
and
the
department.
9
Sec.
47.
Section
135A.2,
subsection
5,
Code
2026,
is
amended
10
by
striking
the
subsection.
11
Sec.
48.
Section
135A.8,
subsections
2,
3,
and
4,
Code
2026,
12
are
amended
to
read
as
follows:
13
2.
The
fund
is
established
to
assist
local
boards
of
health
14
and
the
department
with
the
provision
of
governmental
public
15
health
system
organizational
capacity
and
public
health
service
16
delivery
and
to
achieve
and
maintain
voluntary
accreditation.
17
At
least
seventy
percent
of
the
funds
shall
be
made
available
18
to
local
boards
of
health
and
up
to
thirty
percent
of
the
funds
19
may
be
utilized
by
the
department.
20
3.
Moneys
in
the
fund
may
be
allocated
by
the
department
21
to
a
local
board
of
health
for
organizational
capacity
and
22
service
delivery.
Such
allocation
may
be
made
on
a
matching,
23
dollar-for-dollar
basis
for
the
acquisition
of
equipment,
24
or
by
providing
grants
to
achieve
and
maintain
voluntary
25
accreditation.
26
4.
A
local
board
of
health
seeking
matching
funds
or
27
grants
under
this
section
shall
apply
to
the
department.
The
28
department
shall
adopt
rules
concerning
the
application
and
29
award
process
for
the
allocation
of
moneys
in
the
fund
and
30
shall
establish
the
criteria
for
the
allocation
of
moneys
in
31
the
fund
if
the
moneys
are
insufficient
to
meet
the
needs
of
32
local
boards
of
health.
33
Sec.
49.
Section
135B.33,
subsection
1,
unnumbered
34
paragraph
1,
Code
2026,
is
amended
to
read
as
follows:
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Subject
to
availability
of
funds,
the
department
of
health
1
and
human
services
shall
provide
technical
planning
assistance
2
to
local
boards
of
health
and
hospital
or
rural
emergency
3
hospital
governing
boards
to
ensure
access
to
such
services
in
4
rural
areas.
The
department
shall
encourage
the
local
boards
5
of
health
and
hospital
or
rural
emergency
hospital
governing
6
boards
to
adopt
a
long-term
community
health
services
and
7
developmental
plan
including
the
following:
8
Sec.
50.
Section
135C.1,
subsection
19,
Code
2026,
is
9
amended
to
read
as
follows:
10
19.
“Physician”
has
the
meaning
assigned
that
term
by
means
11
the
same
as
defined
in
section
135.1
,
subsection
4
.
12
Sec.
51.
Section
135D.2,
subsection
20,
Code
2026,
is
13
amended
to
read
as
follows:
14
20.
“Public
health
agency”
means
an
entity
that
is
governed
15
by
or
contractually
responsible
to
a
local
board
of
health
or
16
the
department
to
provide
services
focused
on
the
health
status
17
of
population
groups
and
their
environments.
18
Sec.
52.
Section
135I.1,
Code
2026,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
01.
“Board
of
health”
means
the
same
as
21
defined
in
section
137.102.
22
Sec.
53.
Section
135I.1,
subsection
2,
Code
2026,
is
amended
23
by
striking
the
subsection.
24
Sec.
54.
Section
135I.2,
Code
2026,
is
amended
to
read
as
25
follows:
26
135I.2
Applicability.
27
This
chapter
applies
to
all
spray
pads,
swimming
pools,
28
and
spas
owned
or
operated
by
local
or
state
government,
or
29
commercial
interests
or
private
entities
including
but
not
30
limited
to
facilities
operated
by
cities,
counties,
public
or
31
private
school
corporations,
hotels,
motels,
camps,
apartments,
32
condominiums,
and
health
or
country
clubs.
This
chapter
does
33
not
apply
to
facilities
intended
for
single
family
use
or
to
34
a
spray
pad,
swimming
pool,
or
spa
operated
by
a
homeowners’
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association
or
housing
cooperative
representing
seventy-two
1
or
fewer
dwelling
units
if
the
bylaws
of
the
association
or
2
cooperative,
which
also
apply
to
a
rental
agreement
relative
3
to
any
of
the
dwelling
units,
include
an
exemption
from
the
4
requirements
of
this
chapter
,
provide
for
inspection
of
the
5
spray
pad,
swimming
pool,
or
spa
by
an
entity
other
than
6
the
department
or
local
board
of
health,
and
assume
any
7
liability
associated
with
operation
of
the
spray
pad,
swimming
8
pool,
or
spa.
This
chapter
does
not
apply
to
a
spray
pad,
9
swimming
pool,
or
spa
used
exclusively
for
therapy
under
the
10
direct
supervision
of
qualified
medical
personnel.
To
avoid
11
duplication
and
promote
coordination
of
inspection
activities,
12
the
department
may
enter
into
written
agreements
with
a
local
13
board
of
health
to
provide
for
inspection
and
enforcement
in
14
accordance
with
this
chapter
.
15
Sec.
55.
Section
135I.4,
subsections
4
and
6,
Code
2026,
are
16
amended
to
read
as
follows:
17
4.
Establish
and
collect
fees
to
defray
the
cost
of
18
administering
this
chapter
.
It
is
the
intent
of
the
general
19
assembly
that
fees
collected
under
this
chapter
be
used
to
20
defray
the
cost
of
administering
this
chapter
.
However,
the
21
portion
of
fees
needed
to
defray
the
costs
of
a
local
board
of
22
health
in
implementing
this
chapter
shall
be
established
by
the
23
local
board
of
health.
A
fee
imposed
for
the
inspection
of
a
24
spray
pad,
swimming
pool,
or
spa
shall
not
be
collected
until
25
the
inspection
has
actually
been
performed.
26
6.
Enter
into
agreements
with
a
local
board
of
health
27
to
implement
the
inspection
and
enforcement
provisions
of
28
this
chapter
.
The
agreements
shall
provide
that
the
fees
29
established
by
the
local
board
of
health
for
inspection
and
30
enforcement
shall
be
retained
by
the
local
board.
However,
31
inspection
fees
shall
not
be
charged
by
the
department
for
32
facilities
which
are
inspected
by
third-party
authorities.
33
Third-party
authorities
shall
be
approved
by
the
department.
34
The
department
shall
monitor
and
certify
the
inspection
and
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enforcement
programs
of
local
boards
of
health
and
approved
1
third-party
authorities.
2
Sec.
56.
Section
135I.6,
Code
2026,
is
amended
to
read
as
3
follows:
4
135I.6
Enforcement.
5
If
the
department
,
or
a
local
board
of
health
acting
pursuant
6
to
agreement
with
the
department
,
determines
that
a
provision
7
of
this
chapter
or
a
rule
adopted
pursuant
to
this
chapter
8
has
been
or
is
being
violated,
the
department
may
withhold
9
or
revoke
the
registration
of
a
spray
pad,
swimming
pool,
or
10
spa,
or
the
department
or
the
local
board
of
health
may
order
11
that
a
facility
or
item
of
equipment
not
be
used,
until
the
12
necessary
corrective
action
has
been
taken.
The
department
or
13
the
local
board
of
health
may
request
the
county
attorney
to
14
bring
appropriate
legal
proceedings
to
enforce
this
chapter
,
15
including
an
action
to
enjoin
violations.
The
attorney
general
16
may
also
institute
appropriate
legal
proceedings
at
the
request
17
of
the
department.
This
remedy
is
in
addition
to
any
other
18
legal
remedy
available
to
the
department
or
a
local
board
of
19
health.
20
Sec.
57.
Section
136A.5B,
subsection
1,
unnumbered
21
paragraph
1,
Code
2026,
is
amended
to
read
as
follows:
22
In
accordance
with
the
duties
prescribed
in
section
136A.3
,
23
the
department
shall
collaborate
with
state
and
local
health
24
agencies
boards
of
health
and
other
public
and
private
25
organizations
to
develop
and
publish
or
approve
and
publish
26
informational
materials
to
educate
and
raise
awareness
of
27
cytomegalovirus
and
congenital
cytomegalovirus
among
women
who
28
may
become
pregnant,
expectant
parents,
parents
of
infants,
29
attending
health
care
providers,
and
others,
as
appropriate.
30
The
materials
shall
include
information
regarding
all
of
the
31
following:
32
Sec.
58.
Section
136A.9,
Code
2026,
is
amended
to
read
as
33
follows:
34
136A.9
Cooperation
of
other
agencies.
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All
state,
district,
county,
and
city
health
or
welfare
1
agencies
The
department
and
boards
of
health,
as
that
term
is
2
defined
in
section
137.102,
shall
cooperate
and
participate
in
3
the
administration
of
this
chapter
.
4
Sec.
59.
Section
136D.3,
subsection
2,
Code
2026,
is
amended
5
to
read
as
follows:
6
2.
This
chapter
shall
not
supersede
or
duplicate
the
7
authority
and
programs
of
any
other
agency
of
the
state
or
the
8
United
States.
To
avoid
duplication
and
promote
coordination
9
of
radiation
protection
activities,
the
department
may
10
enter
into
written
agreements
with
other
state
or
federal
11
agencies,
with
local
boards
of
public
health,
or
with
private
12
organizations
or
individuals,
to
administer
this
chapter
.
13
Sec.
60.
Section
137C.2,
subsection
6,
Code
2026,
is
amended
14
by
striking
the
subsection.
15
Sec.
61.
Section
137C.2,
subsection
8,
Code
2026,
is
amended
16
to
read
as
follows:
17
8.
“Regulatory
authority”
means
the
department
or
a
local
18
board
of
health
that
has
entered
into
an
agreement
with
the
19
director
pursuant
to
section
137C.6
for
authority
to
enforce
20
the
Iowa
hotel
sanitation
code
in
its
the
board
of
health’s
21
jurisdiction.
22
Sec.
62.
Section
137C.6,
subsections
2,
3,
and
4,
Code
2026,
23
are
amended
to
read
as
follows:
24
2.
If
a
municipal
corporation
wants
its
local
the
municipal
25
corporation’s
board
of
health
to
license,
inspect,
and
26
otherwise
enforce
the
Iowa
hotel
sanitation
code
within
its
27
the
board’s
jurisdiction,
the
municipal
corporation
may
enter
28
into
an
agreement
to
do
so
with
the
director.
The
director
29
may
enter
into
the
agreement
if
the
director
finds
that
the
30
local
board
of
health
has
adequate
resources
to
perform
the
31
required
functions.
A
municipal
corporation
may
only
enter
32
into
an
agreement
to
enforce
the
Iowa
hotel
sanitation
code
if
33
it
also
agrees
to
enforce
the
rules
setting
minimum
standards
34
to
protect
consumers
from
foodborne
illness
adopted
pursuant
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to
section
137F.2
.
1
3.
A
local
board
of
health
that
is
responsible
for
enforcing
2
the
Iowa
hotel
sanitation
code
within
its
the
board
of
health’s
3
jurisdiction
pursuant
to
an
agreement
shall
make
an
annual
4
report
to
the
director
providing
the
following
information:
5
a.
The
total
number
of
hotel
licenses
granted
or
renewed
6
during
the
year.
7
b.
The
amount
of
money
collected
in
license
fees
during
the
8
year.
9
c.
Other
information
the
director
requests.
10
4.
The
director
shall
monitor
local
boards
each
board
11
of
health
to
determine
if
they
are
the
board
of
health
is
12
enforcing
the
Iowa
hotel
sanitation
code
within
their
the
13
board
of
health’s
respective
jurisdictions.
If
the
director
14
determines
that
the
Iowa
hotel
sanitation
code
is
enforced
by
a
15
local
board
of
health,
such
enforcement
shall
be
accepted
in
16
lieu
of
enforcement
by
the
department
in
that
jurisdiction.
17
If
the
director
determines
that
the
Iowa
hotel
sanitation
18
code
is
not
enforced
by
a
local
board
of
health,
the
director
19
may
rescind
the
agreement
after
reasonable
notice
and
an
20
opportunity
for
a
hearing.
If
the
agreement
is
rescinded,
the
21
director
shall
assume
responsibility
for
enforcement
in
the
22
jurisdiction
involved.
23
Sec.
63.
Section
137C.16,
subsection
2,
Code
2026,
is
24
amended
to
read
as
follows:
25
2.
A
hotel
beyond
the
reach
of
a
central
water
or
sewerage
26
system
shall
be
served
by
on-site
facilities
which
meet
the
27
technical
requirements
of
the
local
board
of
health
and
the
28
department
of
natural
resources.
29
Sec.
64.
Section
137C.35,
subsection
1,
Code
2026,
is
30
amended
to
read
as
follows:
31
1.
This
chapter
does
not
apply
to
bed
and
breakfast
homes
as
32
defined
in
section
137F.1
.
However,
a
bed
and
breakfast
home
33
shall
have
a
smoke
detector
in
proper
working
order
in
each
34
sleeping
room
and
a
fire
extinguisher
in
proper
working
order
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on
each
floor.
A
bed
and
breakfast
home
which
does
not
receive
1
its
drinking
water
from
a
public
water
supply
shall
have
its
2
drinking
water
tested
at
least
annually
by
the
state
hygienic
3
laboratory
or
the
local
board
of
health.
4
Sec.
65.
Section
137F.13,
Code
2026,
is
amended
to
read
as
5
follows:
6
137F.13
Water
and
waste
treatment.
7
If
a
food
establishment
or
food
processing
plant
is
served
8
by
privately
owned
water
or
waste
treatment
facilities,
those
9
facilities
shall
meet
the
technical
requirements
of
the
local
10
board
of
health
and
the
department
of
natural
resources.
11
Sec.
66.
Section
138.12,
subsection
2,
Code
2026,
is
amended
12
to
read
as
follows:
13
2.
Written
application
for
such
variations
shall
be
filed
14
with
the
director
and
local
board
of
health
serving
the
area
in
15
which
the
migrant
labor
camp
is
situated.
No
such
variation
16
shall
be
effective
until
granted
in
writing
by
the
director.
17
Sec.
67.
Section
138.14,
Code
2026,
is
amended
to
read
as
18
follows:
19
138.14
Communicable
diseases
reported.
20
The
camp
operator
shall
report
immediately
to
the
local
21
board
of
health
the
name
and
address
of
any
individual
in
22
the
camp
known
to
have
or
suspected
of
having
a
communicable
23
disease.
Whenever
there
shall
occur
in
any
camp,
or
portion
24
thereof,
a
case
of
suspected
food
poisoning
or
an
unusual
25
prevalence
of
any
illness
in
which
fever,
diarrhea,
sore
26
throat,
vomiting,
or
jaundice
is
a
prominent
symptom,
the
27
camp
operator
shall
report
immediately
the
existence
of
the
28
condition
to
the
local
board
of
health
and
the
director.
29
Sec.
68.
Section
139A.2,
Code
2026,
is
amended
by
adding
the
30
following
new
subsections:
31
NEW
SUBSECTION
.
1A.
“Board
of
health”
means
the
same
as
32
defined
in
section
137.102.
33
NEW
SUBSECTION
.
14A.
“Health
department”
means
the
same
as
34
defined
in
section
137.102.
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Sec.
69.
Section
139A.2,
subsections
17
and
18,
Code
2026,
1
are
amended
by
striking
the
subsections.
2
Sec.
70.
Section
139A.3,
Code
2026,
is
amended
to
read
as
3
follows:
4
139A.3
Reports
to
department
——
immunity
——
confidentiality
5
——
investigations.
1.
The
health
care
provider
or
public,
private,
or
7
hospital
clinical
laboratory
attending
a
person
infected
8
with
a
reportable
disease
shall
immediately
report
the
case
9
to
the
department.
However,
when
a
case
occurs
within
the
10
jurisdiction
of
a
local
department,
the
report
shall
be
made
to
11
the
local
department
board
of
health
and
to
the
department.
A
12
health
care
provider
or
public,
private,
or
hospital
clinical
13
laboratory
who
files
such
a
report
which
identifies
a
person
14
infected
with
a
reportable
disease
shall
assist
in
the
an
15
investigation
commenced
by
the
department
,
a
local
or
the
16
board
,
or
a
local
department
of
health
.
The
department
shall
17
publish
and
distribute
instructions
concerning
the
method
of
18
reporting.
Reports
shall
be
made
in
accordance
with
rules
19
adopted
by
the
department
and
shall
require
inclusion
of
all
20
the
following
information:
21
a.
The
patient’s
name.
22
b.
The
patient’s
address.
23
c.
The
patient’s
date
of
birth.
24
d.
The
sex
of
the
patient.
25
e.
The
race
and
ethnicity
of
the
patient.
26
f.
The
patient’s
marital
status.
27
g.
The
patient’s
telephone
number.
28
h.
The
name
and
address
of
the
laboratory.
29
i.
The
date
the
test
was
found
to
be
positive
and
the
30
collection
date.
31
j.
The
name
of
the
health
care
provider
who
performed
the
32
test.
33
k.
If
the
patient
is
female,
whether
the
patient
is
34
pregnant.
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2.
A
state
or
local
agency
employee
or
agent
shall
not
1
have
access
to
personally
identifiable
information
included
in
2
a
reportable
disease
report
provided
to
or
maintained
by
the
3
department
,
or
a
local
board
,
or
a
local
department,
of
health
4
unless
the
employee
or
agent
has
completed
data
confidentiality
5
training.
6
3.
a.
Any
person
who,
acting
reasonably
and
in
good
faith,
7
files
a
report,
releases
information,
or
otherwise
cooperates
8
with
an
investigation
under
this
chapter
is
immune
from
any
9
liability,
civil
or
criminal,
which
might
otherwise
be
incurred
10
or
imposed
for
such
action.
11
b.
A
report
or
other
information
provided
to
or
maintained
12
by
the
department
,
or
a
local
board
,
or
a
local
department,
13
of
health
which
identifies
a
person
infected
with
or
exposed
14
to
a
reportable
or
other
disease
or
health
condition,
is
15
confidential
and
shall
not
be
accessible
to
the
public.
16
c.
Notwithstanding
paragraph
“b”
,
information
contained
in
17
the
report
may
be
reported
in
public
health
records
in
a
manner
18
which
prevents
the
identification
of
any
person
or
business
19
named
in
the
report.
If
information
contained
in
the
report
20
concerns
a
business,
information
disclosing
the
identity
of
21
the
business
may
be
released
to
the
public
when
the
state
22
epidemiologist
or
the
director
determines
such
a
release
of
23
information
necessary
for
the
protection
of
the
health
of
the
24
public.
25
4.
A
health
care
provider
or
public,
private,
or
hospital
26
clinical
laboratory
shall
provide
the
department
,
local
or
27
the
board
,
or
local
department
of
health
with
all
information
28
reasonably
necessary
to
conduct
an
investigation
pursuant
to
29
this
chapter
upon
request
of
the
department
,
local
or
the
30
board
,
or
local
department
of
health
.
The
department
may
also
31
subpoena
records,
reports,
and
any
other
evidence
necessary
to
32
conduct
an
investigation
pursuant
to
this
chapter
from
other
33
persons,
facilities,
and
entities
pursuant
to
rules
adopted
by
34
the
department.
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Sec.
71.
Section
139A.4,
subsections
2
and
4,
Code
2026,
are
1
amended
to
read
as
follows:
2
2.
The
department
and
the
local
boards
each
board
of
health
3
may
impose
and
enforce
isolation
and
quarantine
restrictions.
4
4.
The
department
and
local
boards
each
board
of
health
5
may
impose
and
enforce
area
quarantine
restrictions
according
6
to
rules
adopted
by
the
department.
Area
quarantine
shall
be
7
imposed
by
the
least
restrictive
means
necessary
to
prevent
or
8
contain
the
spread
of
the
suspected
or
confirmed
quarantinable
9
disease
or
suspected
or
known
hazardous
or
toxic
agent.
10
Sec.
72.
Section
139A.6,
Code
2026,
is
amended
to
read
as
11
follows:
12
139A.6
Communicable
diseases.
13
If
a
person,
whether
or
not
a
resident,
is
infected
with
a
14
communicable
disease
dangerous
to
the
public
health,
the
local
15
board
of
health
shall
issue
orders
in
regard
to
the
care
of
the
16
person
as
necessary
to
protect
the
public
health.
The
orders
17
shall
be
executed
by
the
designated
officer
as
the
local
board
18
of
health
directs
or
provides
by
rules.
19
Sec.
73.
Section
139A.7,
Code
2026,
is
amended
to
read
as
20
follows:
21
139A.7
Diseased
persons
moving
——
record
forwarded.
22
If
a
person
known
to
be
suffering
from
a
communicable
disease
23
dangerous
to
the
public
health
moves
from
the
jurisdiction
24
of
a
local
board
of
health
into
the
jurisdiction
of
another
25
local
board
of
health
,
the
local
board
of
health
from
whose
26
jurisdiction
the
person
moves
shall
notify
the
local
board
of
27
health
into
whose
jurisdiction
the
person
is
moving.
28
Sec.
74.
Section
139A.8,
subsections
6,
7,
and
8,
Code
2026,
29
are
amended
to
read
as
follows:
30
6.
The
local
board
of
health
shall
furnish
the
department,
31
within
sixty
days
after
the
first
official
day
of
school,
32
evidence
that
each
person
enrolled
in
any
elementary
or
33
secondary
school
has
been
immunized
as
required
in
this
section
34
subject
to
subsection
4
.
The
department
shall
adopt
rules
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pursuant
to
chapter
17A
relating
to
the
reporting
of
evidence
1
of
immunization.
2
7.
Local
boards
A
board
of
health
shall
provide
the
required
3
immunizations
to
children
in
areas
where
no
local
provision
of
4
these
services
exists.
5
8.
The
department,
in
consultation
with
the
director
6
of
the
department
of
education,
shall
adopt
rules
for
the
7
implementation
of
this
section
and
shall
provide
those
rules
to
8
local
school
boards
and
local
boards
of
health
.
9
Sec.
75.
Section
139A.8A,
subsections
1
and
2,
Code
2026,
10
are
amended
to
read
as
follows:
11
1.
In
the
event
of
a
shortage
of
a
vaccine,
or
in
the
event
12
a
vaccine
shortage
is
imminent,
the
department
may
issue
an
13
order
controlling,
restricting,
or
otherwise
regulating
the
14
distribution
and
administration
of
the
vaccine.
The
order
may
15
designate
groups
of
persons
which
shall
receive
priority
in
16
administration
of
the
vaccine
and
may
prohibit
vaccination
of
17
persons
who
are
not
included
in
a
priority
designation.
The
18
order
shall
include
an
effective
date,
which
may
be
amended
or
19
rescinded
only
through
a
written
order
of
the
department.
The
20
order
shall
be
applicable
to
health
care
providers,
hospitals,
21
clinics,
pharmacies,
health
care
facilities,
local
boards
of
22
health
,
public
health
agencies,
and
other
persons
or
entities
23
that
distribute
or
administer
vaccines.
24
2.
A
health
care
provider,
hospital,
clinic,
pharmacy,
25
health
care
facility,
local
board
of
health
,
public
health
26
agency,
or
other
person
or
entity
that
distributes
or
27
administers
vaccines
shall
not
be
civilly
liable
in
any
action
28
based
on
a
failure
or
refusal
to
distribute
or
administer
a
29
vaccine
to
any
person
if
the
failure
or
refusal
to
distribute
30
or
administer
the
vaccine
was
consistent
with
a
department
31
order
issued
pursuant
to
this
section
.
32
Sec.
76.
Section
139A.9,
Code
2026,
is
amended
to
read
as
33
follows:
34
139A.9
Forcible
removal
——
isolation
——
quarantine.
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The
forcible
removal
and
isolation
or
quarantine
of
any
1
infected
person
shall
be
accomplished
according
to
the
rules
2
and
regulations
of
the
local
board
of
health
or
the
rules
of
3
the
department.
4
Sec.
77.
Section
139A.10,
Code
2026,
is
amended
to
read
as
5
follows:
6
139A.10
Fees
for
removing.
7
The
officers
designated
shall
receive
reasonable
8
compensation
for
their
services
as
determined
by
the
local
9
board
of
health
.
The
amount
determined
shall
be
certified
and
10
paid
in
the
same
manner
as
other
expenses
incurred
under
this
11
chapter
.
12
Sec.
78.
Section
139A.11,
Code
2026,
is
amended
to
read
as
13
follows:
14
139A.11
Services
and
supplies
——
isolation
——
quarantine.
15
If
the
person
under
isolation
or
quarantine
or
the
person
16
liable
for
the
support
of
the
person,
in
the
opinion
of
the
17
local
board
of
health
,
is
financially
unable
to
secure
proper
18
care,
provisions,
or
medical
attendance,
the
local
board
shall
19
furnish
supplies
and
services
during
the
period
of
isolation
or
20
quarantine
and
may
delegate
the
duty,
by
rules,
to
one
of
its
21
designated
officers
board
of
health
personnel
.
22
Sec.
79.
Section
139A.12,
Code
2026,
is
amended
to
read
as
23
follows:
24
139A.12
County
liability
for
care,
provisions,
and
medical
25
attendance.
26
The
local
board
of
health
shall
provide
proper
care,
27
provisions,
and
medical
attendance
for
any
person
removed
28
and
isolated
or
quarantined
in
a
separate
house
or
hospital
29
for
detention
and
treatment,
and
the
care,
provisions,
and
30
medical
attendance
shall
be
paid
for
by
the
county
in
which
the
31
infected
person
has
residence,
if
the
patient
or
legal
guardian
32
is
unable
to
pay.
33
Sec.
80.
Section
139A.13A,
subsection
1,
Code
2026,
is
34
amended
to
read
as
follows:
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1.
An
employer
shall
not
discharge
an
employee,
or
take
1
or
fail
to
take
action
regarding
an
employee’s
promotion
or
2
proposed
promotion,
or
take
action
to
reduce
an
employee’s
3
wages
or
benefits
for
actual
time
worked,
due
to
the
compliance
4
of
an
employee
with
a
quarantine
or
isolation
order
or
5
voluntary
confinement
request
issued
by
the
department,
a
6
local
board
of
health
,
or
the
centers
for
disease
control
and
7
prevention
of
the
United
States
department
of
health
and
human
8
services.
9
Sec.
81.
Section
139A.14,
Code
2026,
is
amended
to
read
as
10
follows:
11
139A.14
Services
or
supplies
——
authorization.
12
All
services
or
supplies
furnished
to
persons
under
this
13
chapter
must
be
authorized
by
the
local
board
or
an
officer
14
of
the
local
board
of
health
,
and
a
written
order
designating
15
the
person
employed
to
furnish
such
services
or
supplies,
16
issued
before
the
services
or
supplies
are
furnished,
shall
be
17
attached
to
the
bill
when
presented
for
audit
and
payment.
18
Sec.
82.
Section
139A.15,
Code
2026,
is
amended
to
read
as
19
follows:
20
139A.15
Filing
of
bills.
21
All
bills
incurred
under
this
chapter
in
establishing,
22
maintaining,
and
terminating
isolation
and
quarantine,
in
23
providing
a
necessary
house
or
hospital
for
isolation
or
24
quarantine,
and
in
making
terminal
cleanings,
shall
be
filed
25
with
the
local
board
of
health
.
The
local
board
of
health
26
at
its
next
regular
meeting
or
special
meeting
called
for
27
this
purpose
shall
examine
and
audit
the
bills
and,
if
found
28
correct,
approve
and
certify
the
bills
to
the
county
board
of
29
supervisors
for
payment.
30
Sec.
83.
Section
139A.17,
Code
2026,
is
amended
to
read
as
31
follows:
32
139A.17
Approval
and
payment
of
claims.
33
The
A
board
of
supervisors
is
not
bound
by
the
action
of
the
34
local
board
of
health
in
approving
the
bills,
but
shall
pay
the
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bills
for
a
reasonable
amount
and
within
a
reasonable
time.
1
Sec.
84.
Section
139A.25,
subsection
1,
Code
2026,
is
2
amended
to
read
as
follows:
3
1.
Unless
otherwise
provided
in
this
chapter
,
a
person
who
4
knowingly
violates
any
provision
of
this
chapter
,
or
of
the
5
rules
of
the
department
or
a
local
board
of
health
,
or
any
6
lawful
order,
written
or
oral,
of
the
department
or
board
,
or
7
of
their
officers
or
authorized
agents,
of
health
is
guilty
of
8
a
simple
misdemeanor.
9
Sec.
85.
Section
139A.31,
Code
2026,
is
amended
to
read
as
10
follows:
11
139A.31
Report
to
department.
12
1.
Immediately
after
the
first
examination
or
treatment
13
of
any
person
infected
with
any
sexually
transmitted
disease
14
or
infection,
the
health
care
provider
who
performed
the
15
examination
or
treatment
shall
transmit
a
report
to
the
board
16
of
health
of
the
county
in
which
the
infected
person
resides.
17
The
board
shall
immediately
forward
the
information
to
the
18
department
a
.
19
2.
A
report
stating
the
under
this
section
shall
state
all
20
of
the
following:
21
a.
The
name
of
the
infected
person
,
the
.
22
b.
The
address
of
the
infected
person
,
the
.
23
c.
The
infected
person’s
date
of
birth
,
the
.
24
d.
The
sex
of
the
infected
person
,
the
.
25
e.
The
race
and
ethnicity
of
the
infected
person
,
the
.
26
f.
The
infected
person’s
marital
status
,
the
.
27
g.
The
infected
person’s
telephone
number
,
if
.
28
h.
If
the
infected
person
is
female,
whether
the
infected
29
person
is
pregnant
,
the
.
30
i.
The
name
and
address
of
the
laboratory
that
performed
the
31
test
,
the
confirming
the
sexually
transmitted
disease.
32
j.
The
date
the
test
confirming
the
sexually
transmitted
33
disease
was
found
to
be
positive
and
the
collection
date
,
and
34
the
.
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k.
The
name
of
the
health
care
provider
who
performed
the
1
test
confirming
the
sexually
transmitted
disease
.
However,
2
when
a
case
occurs
within
the
jurisdiction
of
a
local
3
department,
the
report
shall
be
made
directly
to
the
local
4
department
which
shall
immediately
forward
the
information
to
5
the
department.
6
3.
Reports
under
this
section
shall
be
made
in
accordance
7
with
rules
adopted
by
the
department.
8
4.
Reports
under
this
section
shall
be
confidential.
9
5.
Any
person
filing
a
report
of
a
sexually
transmitted
10
disease
or
infection
under
this
section
who
is
acting
11
reasonably
and
in
good
faith
is
immune
from
any
liability,
12
civil
or
criminal,
which
might
otherwise
be
incurred
or
imposed
13
as
a
result
of
such
filing
the
report.
14
Sec.
86.
Section
139A.33,
subsection
3,
Code
2026,
is
15
amended
to
read
as
follows:
16
3.
The
department
may
delegate
its
partner
notification
17
duties
under
this
section
to
local
health
authorities
a
board
18
of
health
or
a
physician
or
other
health
care
provider,
as
19
provided
by
rules
adopted
by
the
department.
20
Sec.
87.
Section
139A.34,
Code
2026,
is
amended
to
read
as
21
follows:
22
139A.34
Examination
of
persons
suspected.
23
The
local
A
board
of
health
shall
cause
an
examination
to
24
be
made
of
every
person
reasonably
suspected,
on
the
basis
25
of
epidemiological
investigation,
of
having
any
sexually
26
transmitted
disease
or
infection
in
the
infectious
stages
to
27
ascertain
if
such
person
is
infected
and,
if
infected,
to
28
cause
such
person
to
be
treated.
A
person
who
is
under
the
29
care
and
treatment
of
a
health
care
provider
for
the
suspected
30
condition
shall
not
be
subjected
to
such
examination.
If
a
31
person
suspected
of
having
a
sexually
transmitted
disease
or
32
infection
refuses
to
submit
to
an
examination
voluntarily,
33
application
may
be
made
by
the
local
board
of
health
to
the
34
district
court
for
an
order
compelling
the
person
to
submit
to
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examination
and,
if
infected,
to
treatment.
The
person
shall
1
be
treated
until
certified
as
no
longer
infectious
to
the
local
2
board
of
health
or
to
the
department.
If
treatment
is
ordered
3
by
the
district
court,
the
attending
health
care
provider
shall
4
certify
that
the
person
is
no
longer
infectious.
5
Sec.
88.
Section
163.17,
Code
2026,
is
amended
to
read
as
6
follows:
7
163.17
Local
boards
Boards
of
health.
8
All
local
boards
of
health
Each
board
of
health,
as
that
9
term
is
defined
in
section
137.102,
shall
assist
the
department
10
in
the
prevention,
suppression,
control,
and
eradication
of
11
contagious
and
infectious
diseases
among
animals,
whenever
12
requested
to
do
so.
13
Sec.
89.
Section
195.10,
subsection
1,
unnumbered
paragraph
14
1,
Code
2026,
is
amended
to
read
as
follows:
15
The
department
of
health
and
human
services
acting
under
16
chapter
135
,
or
a
local
board
of
health
acting
under
chapter
17
137
,
may
demand
that
a
raw
milk
producer
provide
it
with
18
all
records
required
to
be
kept
by
the
raw
milk
producer
as
19
provided
in
section
195.6
,
including
any
of
the
following:
20
Sec.
90.
Section
237A.4,
Code
2026,
is
amended
to
read
as
21
follows:
22
237A.4
Inspection
and
evaluation.
23
The
department
shall
make
periodic
inspections
of
licensed
24
centers
to
ensure
compliance
with
licensing
requirements
25
provided
in
this
chapter
,
and
the
local
boards
each
board
of
26
health
,
as
that
term
is
defined
in
section
137.102,
may
make
27
periodic
inspections
of
licensed
centers
to
ensure
compliance
28
with
health-related
licensing
requirements
provided
in
this
29
chapter
.
The
department
may
inspect
records
maintained
by
30
a
licensed
center
and
may
inquire
into
matters
concerning
31
these
centers
and
the
persons
in
charge.
The
department
32
shall
require
that
the
center
be
inspected
by
the
director
33
of
the
department
of
inspections,
appeals,
and
licensing
or
34
a
designee
for
compliance
with
rules
relating
to
fire
safety
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before
a
license
is
granted
or
renewed.
The
department
or
a
1
designee
may
periodically
visit
registered
child
development
2
homes
for
the
purpose
of
evaluation
of
an
inquiry
into
matters
3
concerning
compliance
with
rules
adopted
under
section
237A.12
.
4
Evaluation
of
child
development
homes
under
this
section
may
5
include
consultative
services
provided
pursuant
to
section
6
237A.6
.
7
Sec.
91.
Section
238.21,
Code
2026,
is
amended
to
read
as
8
follows:
9
238.21
Other
inspecting
agencies.
10
Authorized
agents
of
the
local
a
board
of
health
,
as
that
11
term
is
defined
in
section
137.102,
in
whose
jurisdiction
a
12
licensed
child-placing
agency
is
located
may
make
inspection
of
13
the
premises.
14
Sec.
92.
Section
238.24,
subsection
2,
paragraph
a,
Code
15
2026,
is
amended
to
read
as
follows:
16
a.
Disclosure
made
upon
inquiry
before
a
court
of
law,
17
or
before
some
other
tribunal,
or
for
the
information
of
the
18
governor,
general
assembly,
medical
examiners,
director,
or
19
local
board
of
health
as
that
term
is
defined
in
section
20
137.102,
in
the
jurisdiction
where
the
agency
is
located.
21
Sec.
93.
Section
239B.12,
subsection
1,
Code
2026,
is
22
amended
to
read
as
follows:
23
1.
To
the
extent
feasible,
the
department
shall
determine
24
the
immunization
status
of
children
receiving
assistance
under
25
this
chapter
.
The
status
shall
be
determined
in
accordance
26
with
the
immunization
recommendations
adopted
under
section
27
139A.8
,
including
the
exemption
provisions
in
section
139A.8,
28
subsection
4
.
If
the
department
determines
a
child
is
not
29
in
compliance
with
the
immunization
recommendations,
the
30
department
shall
refer
the
child’s
parent
or
guardian
to
a
31
local
public
health
agency
board
of
health,
as
that
term
is
32
defined
in
section
137.102,
for
immunization
services
for
the
33
child
and
other
members
of
the
child’s
family.
34
Sec.
94.
Section
256A.5,
subsection
1,
Code
2026,
is
amended
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to
read
as
follows:
1
1.
The
board
of
directors
of
a
school
district
shall
appoint
2
an
advisory
committee
for
each
family
support
program.
The
3
members
shall
include
participating
parents
and
members
of
the
4
community
which
participates
in
the
program,
such
as
members
5
of
the
district’s
local
early
childhood
education
committees
6
and
representatives
of
local
businesses,
service
organizations,
7
educators,
head
start
educators,
parents,
private
child
care
8
providers,
county
home
extension
economists,
area
education
9
agencies,
the
school
board,
the
community
education
advisory
10
board,
local
social
services
organizations,
the
local
board
11
of
health
as
that
term
is
defined
in
section
137.102
,
public
12
health
care
practitioners,
maternal
and
child
health
care
13
providers,
and
persons
knowledgeable
about
developmentally
14
appropriate
learning
and
parent
or
family
education
programs.
15
The
committee
shall
be
responsible
for
assessing
current
16
programs
and
services
for
expectant
parents
and
parents
of
17
children
who
are
less
than
six
years
of
age.
The
committee
18
shall
also
assist
the
board
of
directors
of
a
school
district
19
in
developing,
planning,
and
monitoring
the
program
and
shall
20
submit
any
recommendations
in
a
report
to
the
board.
21
Sec.
95.
Section
263.7,
Code
2026,
is
amended
to
read
as
22
follows:
23
263.7
State
hygienic
laboratory
——
investigations.
24
The
state
hygienic
laboratory
shall
be
a
permanent
part
of
25
the
state
university
of
Iowa.
It
shall
make
or
cause
to
be
made
26
microbiological
and
chemical
examinations
and
other
necessary
27
investigations
by
both
laboratory
and
field
work
in
the
28
determination
of
the
causes
of
disease,
shall
suggest
methods
29
of
overcoming
and
preventing
the
recurrence
of
the
disease,
30
and
shall
evaluate
environmental
effects
and
scientific
31
needs,
whenever
requested
to
do
so
by
any
state
agency,
state
32
institution,
or
local
board
of
health
as
that
term
is
defined
33
in
section
137.102
when
the
investigation
or
evaluation
is
34
necessary
in
the
interest
of
environmental
quality
and
public
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health
and
for
the
purpose
of
preventing
epidemics
of
disease.
1
Sec.
96.
Section
263.8,
subsection
3,
Code
2026,
is
amended
2
to
read
as
follows:
3
3.
The
state
hygienic
laboratory
is
authorized
to
perform
4
such
other
laboratory
determinations
as
may
be
requested
by
5
any
state
institution,
citizen,
school,
municipality,
or
local
6
board
of
health
as
that
term
is
defined
in
section
137.102
,
7
and
the
laboratory
is
authorized
to
charge
fees
covering
8
transportation
of
samples
and
the
costs
of
examinations
9
performed
upon
their
request.
10
Sec.
97.
Section
331.304,
subsection
9,
Code
2026,
is
11
amended
to
read
as
follows:
12
9.
A
county
shall
not
adopt
or
enforce
any
ordinance
13
imposing
any
registration
or
licensing
system
or
registration
14
or
license
fees
for
or
relating
to
owner-occupied
manufactured
15
or
mobile
homes
including
the
lots,
lands,
or
manufactured
16
home
community
or
mobile
home
park
upon
or
in
which
they
are
17
located.
A
county
shall
not
adopt
or
enforce
any
ordinance
18
imposing
any
registration
or
licensing
system,
or
registration
19
or
license
fees,
or
safety
or
sanitary
standards
for
rental
20
manufactured
or
mobile
homes
unless
similar
registration
or
21
licensing
system,
or
registration
or
license
fees,
or
safety
22
or
sanitary
standards
are
required
for
other
rental
properties
23
intended
for
human
habitation.
This
subsection
does
not
24
preclude
the
investigation
and
abatement
of
a
nuisance
or
25
the
enforcement
of
a
tiedown
system,
or
the
enforcement
of
26
any
rules
of
the
department
of
health
and
human
services
or
27
local
board
of
health
,
as
that
term
is
defined
in
section
28
137.102,
if
those
rules
apply
to
other
rental
properties
or
to
29
owner-occupied
housing
intended
for
human
habitation.
30
Sec.
98.
Section
331.321,
subsection
1,
paragraph
c,
Code
31
2026,
is
amended
to
read
as
follows:
32
c.
The
members
of
the
a
county
board
of
health
in
accordance
33
with
or
a
district
board
as
provided
in
section
137.105
.
34
Sec.
99.
Section
346A.1,
subsection
3,
Code
2026,
is
amended
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to
read
as
follows:
1
3.
“Project”
means
the
acquisition
by
purchase
or
2
construction
of
health
centers,
additions
thereto
and
3
facilities
therefor,
the
reconstruction,
completion,
equipment,
4
improvement,
repair
or
remodeling
of
health
centers,
additions
5
thereto
and
facilities
therefor,
and
the
acquisition
of
6
property
therefor
of
every
kind
and
description,
whether
real,
7
personal
or
mixed,
by
gift,
purchase,
lease,
condemnation
or
8
otherwise
and
the
improvement
of
the
property.
“Project”
also
9
means
the
use
of
funds
for
the
provision
of
health
services
10
by
local
boards
of
health
pursuant
to
chapter
137
and
the
11
provision
of
health,
welfare
or
social
services
which
a
county
12
is
permitted
or
required
by
law
to
provide.
13
Sec.
100.
Section
351.36,
Code
2026,
is
amended
to
read
as
14
follows:
15
351.36
Enforcement.
16
Local
health
Each
board
of
health,
as
that
term
is
defined
in
17
section
137.102,
and
law
enforcement
officials
shall
enforce
18
the
provisions
of
sections
351.33
,
351.35
,
this
section
,
and
19
sections
351.37
through
351.43
relating
to
vaccination
and
20
impoundment
of
dogs
.
Such
public
officials
,
and
shall
not
be
21
responsible
for
any
accident
or
disease
of
a
dog
resulting
from
22
the
such
enforcement
of
the
provisions
of
said
sections
.
23
Sec.
101.
Section
351.37,
subsections
1
and
2,
Code
2026,
24
are
amended
to
read
as
follows:
25
1.
A
dog
shall
be
apprehended
and
impounded
by
a
local
board
26
of
health
,
as
that
term
is
defined
in
section
137.102,
or
a
law
27
enforcement
official
if
the
dog
is
running
at
large
and
the
28
dog
is
not
wearing
a
valid
rabies
vaccination
tag
or
a
rabies
29
vaccination
certificate
is
not
presented
to
the
local
board
of
30
health
or
law
enforcement
official.
31
2.
The
local
board
of
health
,
as
that
term
is
defined
in
32
section
137.102,
or
law
enforcement
official
shall
provide
33
written
notice
to
the
owner
if
the
local
board
of
health
or
law
34
enforcement
official
can
reasonably
determine
the
owner’s
name
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and
current
address
by
accessing
a
tag
or
other
device
that
1
is
on
or
a
part
of
the
dog.
The
notice
shall
be
sent
within
2
two
days
after
the
dog
has
been
impounded.
The
notice
shall
3
provide
that
if
the
owner
does
not
redeem
the
dog
within
seven
4
days
from
the
date
that
the
notice
is
delivered,
the
dog
may
be
5
humanely
destroyed
or
otherwise
disposed
of
in
accordance
with
6
law.
For
purposes
of
this
section
,
notice
is
delivered
when
7
the
local
board
of
health
or
law
enforcement
official
mails
the
8
notice
which
may
be
by
regular
mail.
An
owner
may
redeem
a
9
dog
by
having
it
immediately
vaccinated
and
paying
the
cost
of
10
impoundment.
11
Sec.
102.
Section
351.38,
Code
2026,
is
amended
to
read
as
12
follows:
13
351.38
Owner’s
duty.
14
It
shall
be
the
duty
of
the
owner
of
any
dog,
cat
or
other
15
animal
which
has
bitten
or
attacked
a
person
or
any
person
16
having
knowledge
of
such
bite
or
attack
to
report
this
act
to
17
a
local
health
or
law
enforcement
official.
It
shall
be
the
18
duty
of
physicians
and
veterinarians
to
report
to
the
local
19
board
of
health
,
as
that
term
is
defined
in
section
137.102,
20
the
existence
of
any
animal
known
or
suspected
to
be
suffering
21
from
rabies.
22
Sec.
103.
Section
351.39,
Code
2026,
is
amended
to
read
as
23
follows:
24
351.39
Confinement.
25
If
a
local
board
of
health
,
as
defined
in
section
137.102,
26
receives
information
that
an
animal
has
bitten
a
person
or
27
that
a
dog
or
animal
is
suspected
of
having
rabies,
the
board
28
shall
order
the
owner
to
confine
such
animal
in
the
manner
it
29
directs.
If
the
owner
fails
to
confine
such
animal
in
the
30
manner
directed,
the
animal
shall
be
apprehended
and
impounded
31
by
such
board,
and
after
ten
days
the
board
may
humanely
32
destroy
the
animal.
If
such
animal
is
returned
to
its
owner,
33
the
owner
shall
pay
the
cost
of
impoundment.
This
section
34
shall
not
apply
if
a
police
service
dog
or
a
horse
used
by
a
law
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_____
enforcement
agency
and
acting
in
the
performance
of
its
duties
1
has
bitten
a
person.
2
Sec.
104.
Section
351.40,
Code
2026,
is
amended
to
read
as
3
follows:
4
351.40
Quarantine.
5
If
a
local
board
of
health
,
as
that
term
is
defined
in
6
section
137.102,
believes
rabies
to
be
epidemic,
or
believes
7
there
is
a
threat
of
epidemic,
in
its
the
board
of
health’s
8
jurisdiction,
it
may
declare
a
quarantine
in
all
or
part
of
9
the
area
under
its
jurisdiction
and
such
declaration
shall
10
be
reported
to
the
department
of
health
and
human
services.
11
During
the
period
of
quarantine,
any
person
owning
or
having
a
12
dog
in
the
person’s
possession
in
the
quarantined
area
shall
13
keep
such
animal
securely
enclosed
or
on
a
leash
for
the
14
duration
of
the
quarantine
period.
15
Sec.
105.
Section
364.3,
subsection
5,
Code
2026,
is
amended
16
to
read
as
follows:
17
5.
A
city
shall
not
adopt
or
enforce
any
ordinance
imposing
18
any
registration
or
licensing
system
or
registration
or
license
19
fees
for
or
relating
to
owner-occupied
manufactured
or
mobile
20
homes
including
the
lots,
lands,
or
manufactured
home
community
21
or
mobile
home
park
upon
or
in
which
they
are
located.
A
22
city
shall
not
adopt
or
enforce
any
ordinance
imposing
any
23
registration
or
licensing
system,
or
registration
or
license
24
fees,
or
safety
or
sanitary
standards
for
rental
manufactured
25
or
mobile
homes
unless
a
similar
registration
or
licensing
26
system,
or
registration
or
license
fees,
or
safety
or
sanitary
27
standards
are
required
for
other
rental
properties
intended
28
for
human
habitation.
This
subsection
does
not
preclude
the
29
investigation
and
abatement
of
a
nuisance
or
the
enforcement
of
30
a
tiedown
system,
or
the
enforcement
of
any
rules
of
adopted
by
31
the
department
of
health
and
human
services
or
local
board
of
32
health
,
as
defined
in
section
137.102,
if
those
rules
apply
to
33
other
rental
properties
or
to
owner-occupied
housing
intended
34
for
human
habitation.
35
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Sec.
106.
Section
455B.134,
subsection
8,
Code
2026,
is
1
amended
to
read
as
follows:
2
8.
Consider
complaints
of
conditions
reported
to,
or
3
considered
likely
to,
constitute
air
pollution,
and
investigate
4
such
complaints
upon
receipt
of
the
written
petition
of
any
5
state
agency,
the
governing
body
of
a
political
subdivision,
6
a
local
board
of
health
as
that
term
is
defined
in
section
7
137.102
,
or
twenty-five
affected
residents
of
the
state.
8
Sec.
107.
Section
455B.172,
subsection
7,
paragraph
b,
Code
9
2026,
is
amended
to
read
as
follows:
10
b.
A
local
board
of
health
,
as
defined
in
section
137.102,
11
is
the
agency
to
regulate
the
construction,
reconstruction
12
and
abandonment
of
water
wells
not
otherwise
regulated
by
13
the
department.
The
local
board
of
health
shall
not
adopt
14
standards
relative
to
the
construction,
reconstruction
and
15
abandonment
of
wells
less
stringent
than
those
adopted
by
the
16
department.
17
Sec.
108.
Section
455B.174,
subsection
1,
Code
2026,
is
18
amended
to
read
as
follows:
19
1.
Conduct
investigations
of
alleged
water
pollution
or
of
20
alleged
violations
of
this
part
1
of
subchapter
III
,
chapter
21
459,
subchapter
III
,
chapter
459A
,
or
chapter
459B
,
or
any
22
rule
adopted
or
any
permit
issued
pursuant
to
this
part
1
of
23
subchapter
III
,
chapter
459,
subchapter
III
,
chapter
459A
,
24
or
chapter
459B
,
upon
written
request
of
any
state
agency,
25
political
subdivision,
local
board
of
health
as
that
term
26
is
defined
in
section
137.102
,
twenty-five
residents
of
the
27
state,
as
directed
by
the
department,
or
as
may
be
necessary
28
to
accomplish
the
purposes
of
this
part
1
of
subchapter
III
,
29
chapter
459,
subchapter
III
,
chapter
459A
,
or
chapter
459B
.
30
Sec.
109.
Section
455B.303,
subsection
2,
Code
2026,
is
31
amended
to
read
as
follows:
32
2.
Local
boards
of
health
A
board
of
health,
as
defined
33
in
section
137.102,
shall
cooperate
in
the
enforcement
of
the
34
provisions
of
this
part
1
of
subchapter
IV
and
the
director
may
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seek
their
a
board
of
health’s
aid
and
delegate
administrative
1
duties
of
the
department
to
the
local
boards
of
health
board
of
2
health
in
matters
relating
to
solid
waste
and
sanitary
disposal
3
projects.
4
Sec.
110.
Section
455B.305,
subsection
1,
paragraphs
a
and
5
b,
Code
2026,
are
amended
to
read
as
follows:
6
a.
A
permit
shall
be
issued
by
the
director
or,
at
the
7
director’s
direction,
by
a
local
board
of
health
,
as
that
term
8
is
defined
in
section
137.102,
for
each
sanitary
disposal
9
project
operated
in
this
state.
The
permit
shall
be
issued
in
10
the
name
of
the
city
or
county
or,
where
applicable,
in
the
11
name
of
the
public
or
private
agency
operating
the
project.
12
Permits
issued
pursuant
to
this
section
are
in
addition
to
any
13
other
licenses,
permits,
or
waivers
authorized
or
required
by
14
law,
including
but
not
limited
to
chapter
335
.
15
b.
Each
sanitary
disposal
project
shall
be
inspected
16
periodically
by
the
department
or
a
local
board
of
health
,
as
17
that
term
is
defined
in
section
137.102
.
18
Sec.
111.
REPEAL.
Section
135.100,
Code
2026,
is
repealed.
19
Sec.
112.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
20
effect
July
1,
2027.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
transfers
duties
from
local
boards
of
health
and
25
local
health
departments
to
county
boards
of
health
(county
26
boards)
and
district
boards
of
health
(district
boards).
27
DIVISION
I
——
HEALTH
CARE
DISTRICTS.
The
bill
eliminates
28
local
boards
of
health
and
local
health
departments.
Instead,
29
each
county
must
either
create
its
own
county
board
or
join
30
with
any
number
of
geographically
contiguous
counties,
with
31
approval
from
the
department
of
health
and
human
services
32
(HHS),
to
form
a
district
overseen
by
a
district
board.
The
33
bill
requires
cities
to
perform
all
public
health
functions
34
through
a
county
board
or
a
district
board
(board
of
health).
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The
bill
details
the
composition
of
board
of
health
1
members,
the
process
by
which
boards
of
health
make
their
2
annual
budgets,
how
counties
will
create
funding
plans
to
3
detail
how
a
county
board
will
be
funded,
how
a
city’s
public
4
health
functions
will
be
divided
if
the
city
is
within
the
5
jurisdiction
of
multiple
boards
of
health,
and
how
a
board
of
6
health
must
get
approval
from
cities
and
member
counties
for
7
approval
of
the
board
of
health’s
proposed
budget.
8
The
bill
requires
a
county
board
to
enter
into
an
agreement
9
with
each
county
hospital
located
in
the
county
board’s
county
10
to
provide
for
the
sharing
of
facilities,
health
care
services,
11
and
administrative
resources.
A
county
board
of
health
may
12
apply
with
HHS
for
a
waiver
of
this
requirement
by
sending
HHS
13
evidence
of
an
alternative
means
of
providing
health
services
14
as
detailed
in
the
bill.
A
county
board
that
applies
for
such
15
a
waiver
must
submit
a
letter
explaining
the
county
board’s
16
decision
to
apply
for
the
waiver
to
each
city
council
of
a
city
17
that
is
located
in
the
county
board’s
county.
18
The
bill
details
the
process
by
which
counties
may
join
to
19
form
a
district
to
oversee
public
health
in
the
counties;
how
20
powers,
duties,
and
property
are
transferred
from
county
boards
21
to
district
boards;
how
county
board
property
will
remain
22
available
for
district
board
use
if
not
transferred
to
the
23
district
board;
how
counties
may
withdraw
from
a
district;
and
24
how
counties
may
apply
to
join
an
existing
district.
25
The
bill
requires
a
district
board
to
give
employment
26
preference
to
individuals
who
were
employed
by
one
of
the
27
counties
represented
by
the
district
board
at
the
time
of
the
28
district
board’s
formation.
29
The
bill
shall
not
be
construed
to
prohibit
a
county
from
30
creating
agreements
not
contemplated
in
the
bill
to
provide
31
public
health
services
in
a
manner
not
prohibited
by
law.
32
The
bill
provides
that
only
a
board
of
health,
school
board,
33
or
area
education
board
(board)
may
employ
a
public
health
34
nurse.
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The
bill
repeals
Code
sections
137.107
(request
reviewed
by
1
state
department),
137.108
(initial
appointment
of
district
2
board
of
health),
and
137.115
(dissolution
of
county
boards).
3
This
division
of
the
bill
takes
effect
July
1,
2027.
4
DIVISION
II
——
TRANSITION
PROVISIONS.
The
bill
provides
5
definitions
used
in
the
division,
including
defining
6
“transition
period”
as
the
period
beginning
on
the
date
of
7
enactment
of
the
division
to
June
30,
2027.
8
The
bill
details
the
process
by
which
city
boards
of
health
9
(city
boards)
will
transfer
the
city
boards’
property,
public
10
health
responsibilities,
and
contractual
responsibilities
11
to
one
or
more
county
boards
or
district
boards
during
the
12
transition
period.
The
bill
prohibits
city
boards
from
13
extending
or
creating
new
contracts
if
the
term
would
end,
14
or
deliverables
under
the
contract
would
be
provided,
beyond
15
June
30,
2027.
Each
city
board
is
dissolved
at
the
end
of
the
16
transition
period.
17
This
division
of
the
bill
is
effective
upon
enactment.
18
DIVISION
III
——
HEALTH
CARE
DISTRICTS
CONFORMING
CHANGES.
19
This
division
makes
conforming
changes
to
Code
sections
20
10A.531,
10A.533,
11.41,
22.7,
28G.4,
135.1,
135.11,
135.17,
21
135.19,
135.27,
135.33,
135.34,
135.39D,
135.102,
135.103,
22
135.104,
135.105B,
135.107,
135.119,
135.146,
135A.2,
135A.8,
23
135B.33,
135C.1,
135D.2,
135I.1,
135I.2,
135I.4,
135I.6,
24
136A.5B,
136A.9,
136D.3,
137C.2,
137C.6,
137C.16,
137C.35,
25
137F.13,
138.12,
138.14,
139A.2,
139A.3,
139A.4,
139A.6
through
26
139A.12,
139A.13A
through
139A.15,
139A.17,
139A.25,
139A.31,
27
139A.33,
139A.34,
163.17,
195.10,
237A.4,
238.21,
238.24,
28
239B.12,
256A.5,
263.7,
263.8,
331.304,
331.321,
346A.1,
29
351.36,
351.37
through
351.40,
364.3,
455B.134,
455B.172,
30
455B.174,
455B.303,
and
455B.305.
31
The
bill
repeals
Code
section
135.100
(lead
poisoning
32
prevention
program
——
definitions).
33
This
division
of
the
bill
takes
effect
July
1,
2027.
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