House File 710 - Reprinted HOUSE FILE 710 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HF 212) (As Amended and Passed by the House March 19, 2019 ) A BILL FOR An Act relating to the operation of the board of medicine, the 1 board of nursing, the board of pharmacy, and the dental 2 board. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 710 (3) 88 ss/rn/md
H.F. 710 Section 1. Section 135.11A, subsection 1, Code 2019, is 1 amended to read as follows: 2 1. There shall be a professional licensure division within 3 the department of public health. Each board under chapter 147 4 or under the administrative authority of the department, except 5 the board of nursing, board of medicine, dental board, and 6 board of pharmacy, shall receive administrative and clerical 7 support from the division and may not employ its own support 8 staff for administrative and clerical duties. The executive 9 director of the board of nursing, board of medicine, dental 10 board, and board of pharmacy shall be appointed pursuant to 11 section 135.11B. 12 Sec. 2. NEW SECTION . 135.11B Appointment of certain 13 executive directors. 14 1. The director shall appoint and supervise a full-time 15 executive director for each of the following boards: 16 a. The board of medicine. 17 b. The board of nursing. 18 c. The dental board. 19 d. The board of pharmacy. 20 2. Each board listed in subsection 1 shall advise the 21 director in evaluating potential candidates for the position of 22 executive director, consult with the director in the hiring of 23 the executive director, and review and advise the director on 24 the performance of the executive director in the discharge of 25 the executive director’s duties. 26 3. Each board listed in subsection 1 shall retain sole 27 discretion and authority to execute the core functions of the 28 board including but not limited to policymaking, advocating 29 for and against legislation, rulemaking, licensing, licensee 30 investigations, licensee disciplinary proceedings, and 31 oversight of professional health programs. The director’s 32 supervision of the executive director shall not interfere with 33 the board’s discretion and authority in executing the core 34 functions of the board. 35 -1- HF 710 (3) 88 ss/rn/md 1/ 2
H.F. 710 Sec. 3. Section 147.80, subsection 3, Code 2019, is amended 1 to read as follows: 2 3. The board of medicine, the board of pharmacy, the 3 dental board, and the board of nursing shall retain individual 4 executive officers pursuant to section 135.11B , but shall 5 make every effort to share administrative, clerical, and 6 investigative staff to the greatest extent possible. 7 Sec. 4. Section 152.2, Code 2019, is amended to read as 8 follows: 9 152.2 Executive director. 10 The board shall appoint retain a full-time executive 11 director , who shall be appointed pursuant to section 135B.11 . 12 The executive director shall be a registered nurse and shall 13 not be a member of the board . The governor, with the approval 14 of the executive council pursuant to section 8A.413, subsection 15 3 , under the pay plan for exempt positions in the executive 16 branch of government, shall set the salary of the executive 17 director. 18 Sec. 5. Section 153.33, subsection 2, Code 2019, is amended 19 to read as follows: 20 2. All employees needed to administer this chapter except 21 the executive director shall be appointed pursuant to the merit 22 system. The executive director shall serve at the pleasure of 23 the board be appointed pursuant to section 135.11B and shall 24 be exempt from the merit system provisions of chapter 8A, 25 subchapter IV . 26 -2- HF 710 (3) 88 ss/rn/md 2/ 2