Senate File 514 - Reprinted SENATE FILE 514 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1123) (As Amended and Passed by the Senate March 7, 2023 ) A BILL FOR An Act relating to the organization, structure, and 1 functions of state government, providing for salaries of 2 appointed state officers, providing for penalties, making 3 appropriations, providing Code editor directives and 4 transition provisions, and including applicability and 5 effective date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 SF 514 (2) 90 ec/jh/mb
S.F. 514 DIVISION I 1 DEPARTMENT OF HEALTH AND HUMAN SERVICES 2 Section 1. Section 2.56, subsection 5, Code 2023, is amended 3 to read as follows: 4 5. The legislative services agency, in cooperation with 5 the division of department of health and human services as the 6 agency responsible for criminal and juvenile justice planning 7 of the department of human rights , shall develop a protocol for 8 analyzing the impact of the legislation on minorities. 9 Sec. 2. Section 7A.3, subsection 1, paragraph c, Code 2023, 10 is amended to read as follows: 11 c. Director of the department of health and human services. 12 Sec. 3. Section 7A.30, subsection 1, Code 2023, is amended 13 to read as follows: 14 1. Each state board, commission, department, and division 15 of state government and each institution under the control 16 of the department of health and human services, the Iowa 17 department of corrections and the state board of regents 18 and each division of the state department of transportation 19 are responsible for keeping a written, detailed, up-to-date 20 inventory of all real and personal property belonging to the 21 state and under their charge, control, and management. The 22 inventories shall be in the form prescribed by the director of 23 the department of administrative services. 24 Sec. 4. Section 7D.29, subsection 3, Code 2023, is amended 25 to read as follows: 26 3. The executive council shall receive requests from the 27 Iowa department of public health and human services relative 28 to the purchase, storing, and distribution of vaccines and 29 medication for prevention, prophylaxis, or treatment. Upon 30 review and after compliance with subsection 2 , the executive 31 council may approve the request and may authorize payment 32 of the necessary expense. The expense authorized by the 33 executive council under this subsection shall be paid from the 34 appropriations referred to in subsection 1. 35 -1- SF 514 (2) 90 ec/jh/mb 1/ 1512
S.F. 514 Sec. 5. Section 7E.5, subsection 1, paragraphs i, j, k, and 1 s, Code 2023, are amended to read as follows: 2 i. The department of health and human services, created in 3 section 217.1 , which has primary responsibility for services 4 to individuals to promote the well-being and the social and 5 economic development of the people of the state ; . 6 j. The Iowa department of public health, created in chapter 7 135 , which has primary responsibility for supervision of public 8 health programs, promotion of public hygiene and sanitation, 9 treatment and prevention of substance abuse use disorder , and 10 enforcement of related laws ; . 11 k. The department on aging, created in section 231.21 , 12 which has primary responsibility for leadership and program 13 management for programs which serve the older individuals of 14 the state ; and for services relating to Latino persons, women, 15 persons with disabilities, community action agencies, criminal 16 and juvenile justice planning, African Americans, deaf and 17 hard-of-hearing persons, persons of Asian and Pacific Islander 18 heritage, and Native Americans . 19 s. The department of human rights, created in section 20 216A.1 , which has primary responsibility for services relating 21 to Latino persons, women, persons with disabilities, community 22 action agencies, criminal and juvenile justice planning, 23 African Americans, deaf and hard-of-hearing persons, persons of 24 Asian and Pacific Islander heritage, and Native Americans. 25 Sec. 6. Section 8.39, subsection 2, Code 2023, is amended 26 to read as follows: 27 2. If the appropriation of a department, institution, or 28 agency is insufficient to properly meet the legitimate expenses 29 of the department, institution, or agency, the director, with 30 the approval of the governor, may make an interdepartmental 31 transfer from any other department, institution, or agency of 32 the state having an appropriation in excess of its needs, of 33 sufficient funds to meet that deficiency. Such transfer shall 34 be to an appropriation made from the same funding source and 35 -2- SF 514 (2) 90 ec/jh/mb 2/ 1512
S.F. 514 within the same fiscal year. The amount of a transfer made 1 from an appropriation under this subsection shall be limited 2 to not more than one-tenth of one percent of the total of all 3 appropriations made from the funding source of the transferred 4 appropriation for the fiscal year in which the transfer is 5 made. An interdepartmental transfer to an appropriation which 6 is not an entitlement appropriation is not authorized when 7 the general assembly is in regular session and, in addition, 8 the sum of interdepartmental transfers in a fiscal year to an 9 appropriation which is not an entitlement appropriation shall 10 not exceed fifty percent of the amount of the appropriation 11 as enacted by the general assembly. For the purposes of 12 this subsection , an entitlement appropriation is a line item 13 appropriation to the state public defender for indigent defense 14 or to the department of health and human services for foster 15 care, state supplementary assistance, or medical assistance, or 16 for the family investment program. 17 Sec. 7. Section 8A.321, subsection 4, Code 2023, is amended 18 to read as follows: 19 4. Contract, with the approval of the executive council, 20 for the repair, remodeling, or, if the condition warrants, 21 demolition of all buildings and grounds of the state at the 22 seat of government, at the state laboratories facility in 23 Ankeny, and the institutions of the department of health and 24 human services and the department of corrections for which no 25 specific appropriation has been made, if the cost of repair, 26 remodeling, or demolition will not exceed one hundred thousand 27 dollars when completed. The cost of repair projects for which 28 no specific appropriation has been made shall be paid as an 29 expense authorized by the executive council as provided in 30 section 7D.29 . 31 Sec. 8. Section 8A.362, subsection 8, Code 2023, is amended 32 to read as follows: 33 8. All fuel used in state-assigned automobiles shall be 34 purchased at cost from the various installations or garages 35 -3- SF 514 (2) 90 ec/jh/mb 3/ 1512
S.F. 514 of the state department of transportation, state board of 1 regents, department of health and human services, or state 2 motor pools throughout the state, unless the state-owned 3 sources for the purchase of fuel are not reasonably accessible. 4 If the director determines that state-owned sources for the 5 purchase of fuel are not reasonably accessible, the director 6 shall authorize the purchase of fuel from other sources. The 7 director may prescribe a manner, other than the use of the 8 revolving fund, in which the purchase of fuel from state-owned 9 sources is charged to the state agency responsible for the 10 use of the motor vehicle. The director shall prescribe the 11 manner in which oil and other normal motor vehicle maintenance 12 for state-owned motor vehicles may be purchased from private 13 sources, if they cannot be reasonably obtained from a state 14 motor pool. The director may advertise for bids and award 15 contracts in accordance with competitive bidding procedures 16 for items and services as provided in this subchapter for 17 furnishing fuel, oil, grease, and vehicle replacement parts for 18 all state-owned motor vehicles. The director and other state 19 agencies, when advertising for bids for gasoline, shall also 20 seek bids for ethanol blended gasoline. 21 Sec. 9. Section 8A.504, subsection 1, paragraph d, 22 subparagraph (1), Code 2023, is amended to read as follows: 23 (1) Any debt, which is assigned to the department of health 24 and human services, or which is owed to the department of 25 health and human services for unpaid premiums under section 26 249A.3, subsection 2 , paragraph “a” , subparagraph (1), or 27 which the child support recovery unit services is otherwise 28 attempting to collect, or which the foster care recovery unit 29 services of the department of health and human services is 30 attempting to collect on behalf of a child receiving foster 31 care provided by the department of health and human services. 32 Sec. 10. Section 8A.504, subsection 2, unnumbered paragraph 33 1, Code 2023, is amended to read as follows: 34 The collection entity shall establish and maintain a 35 -4- SF 514 (2) 90 ec/jh/mb 4/ 1512
S.F. 514 procedure to set off against any claim owed to a person by a 1 public agency any liability of that person owed to a public 2 agency, a support debt being enforced by the child support 3 recovery unit services pursuant to chapter 252B , or such other 4 qualifying debt. The procedure shall only apply when at the 5 discretion of the director it is feasible. The procedure shall 6 meet the following conditions: 7 Sec. 11. Section 8A.512, subsection 1, paragraph b, 8 subparagraph (2), Code 2023, is amended to read as follows: 9 (2) Claims for medical assistance payments authorized under 10 chapter 249A are subject to the time limits imposed by rule 11 adopted by the department of health and human services. 12 Sec. 12. Section 10A.108, Code 2023, is amended to read as 13 follows: 14 10A.108 Improper health and human services entitlement 15 benefits or provider payments —— debt, lien, collection. 16 1. a. If a person refuses or neglects to repay benefits or 17 provider payments inappropriately obtained from the department 18 of health and human services, the amount inappropriately 19 obtained, including any interest, penalty, or costs attached 20 to the amount, constitutes a debt and is a lien in favor of the 21 state upon all property and any rights or title to or interest 22 in property, whether real or personal, belonging to the person 23 for the period established in subsection 2 , with the exception 24 of property which is exempt from execution pursuant to chapter 25 627 . 26 b. A lien under this section shall not attach to any amount 27 of inappropriately obtained benefits or provider payments, or 28 portions of the benefits or provider payments, attributable to 29 errors by the department of health and human services. Liens 30 shall only attach to the amounts of inappropriately obtained 31 benefits or provider payments or portions of the benefits or 32 provider payments which were obtained due to false, misleading, 33 incomplete, or inaccurate information submitted by a person in 34 connection with the application for or receipt of benefits or 35 -5- SF 514 (2) 90 ec/jh/mb 5/ 1512
S.F. 514 provider payments. 1 2. a. The lien attaches at the time the notice of the 2 lien is filed under subsection 3 , and continues for ten years 3 from that date, unless released or otherwise discharged at an 4 earlier time. 5 b. The lien may be extended, within ten years from the 6 date of attachment, if a person files a notice with the county 7 recorder or other appropriate county official of the county 8 in which the property is located at the time of filing the 9 extension. From the time of the filing of the notice, the lien 10 period shall be extended for ten years to apply to the property 11 in the county in which the notice is filed, unless released 12 or otherwise discharged at an earlier time. The number of 13 extensions is not limited. 14 c. The director department shall discharge any lien which is 15 allowed to lapse and may charge off any account and release the 16 corresponding lien before the lien has lapsed if the director 17 department determines, under uniform rules prescribed by the 18 director, that the account is uncollectible or collection costs 19 involved would not warrant collection of the amount due. 20 3. To preserve the lien against subsequent mortgagees, 21 purchasers, or judgment creditors, for value and without notice 22 of the lien, on any property located in a county, the director 23 shall file a notice of the lien with the recorder of the county 24 in which the property is located at the time of filing of the 25 notice. 26 4. The county recorder of each county shall prepare 27 and maintain in the recorder’s office an index of liens of 28 debts established based upon benefits or provider payments 29 inappropriately obtained from and owed the department of health 30 and human services, containing the applicable entries specified 31 in sections 558.49 and 558.52 , and providing appropriate 32 columns for all of the following data, under the names of 33 debtors, arranged alphabetically: 34 a. The name of the debtor. 35 -6- SF 514 (2) 90 ec/jh/mb 6/ 1512
S.F. 514 b. “State of Iowa, Department of Health and Human Services” 1 as claimant. 2 c. The time that the notice of the lien was filed for 3 recording. 4 d. The date of notice. 5 e. The amount of the lien currently due. 6 f. The date of the assessment. 7 g. The date of satisfaction of the debt. 8 h. Any extension of the time period for application of the 9 lien and the date that the notice for extension was filed. 10 5. The recorder shall endorse on each notice of lien the day 11 and time filed for recording and the document reference number, 12 and shall preserve the notice. The recorder shall index the 13 notice and shall record the lien in the manner provided for 14 recording real estate mortgages. The lien is effective from 15 the time of the indexing. 16 6. The department shall pay, from moneys appropriated to 17 the department for this purpose, recording fees as provided in 18 section 331.604 , for the recording of the lien. 19 7. Upon payment of a debt for which the director department 20 has filed notice with a county recorder, the director 21 department shall provide to the debtor a satisfaction of 22 the debt. The debtor shall be responsible for filing the 23 satisfaction of the debt with the recorder and the recorder 24 shall enter the satisfaction on the notice on file in the 25 recorder’s office. 26 8. The department of inspections , and appeals , and 27 licensing , as provided in this chapter and chapter 626 , shall 28 proceed to collect all debts owed the department of health and 29 human services as soon as practicable after the debt becomes 30 delinquent. If service has not been made on a distress warrant 31 by the officer to whom addressed within five days from the 32 date the distress warrant was received by the officer, the 33 authorized investigators of the department of inspections , and 34 appeals , and licensing may serve and make return of the warrant 35 -7- SF 514 (2) 90 ec/jh/mb 7/ 1512
S.F. 514 to the clerk of the district court of the county named in the 1 distress warrant, and all subsequent procedures shall be in 2 compliance with chapter 626 . 3 9. The distress warrant shall be in a form as prescribed 4 by the director, shall be directed to the sheriff of the 5 appropriate county, and shall identify the debtor, the type 6 of debt, and the delinquent amount. The distress warrant 7 shall direct the sheriff to distrain, seize, garnish, or levy 8 upon, and sell, as provided by law, any real or personal 9 property belonging to the debtor to satisfy the amount of the 10 delinquency plus costs. The distress warrant shall also direct 11 the sheriff to make due and prompt return to the department 12 or to the district court under chapter 626 of all amounts 13 collected. 14 10. The attorney general, upon the request of the director 15 of inspections , and appeals , and licensing , shall bring an 16 action, as the facts may justify, without bond, to enforce 17 payment of any debts under this section , and in the action 18 the attorney general shall have the assistance of the county 19 attorney of the county in which the action is pending. 20 11. The remedies of the state shall be cumulative and no 21 action taken by the director of inspections , and appeals , and 22 licensing or attorney general shall be construed to be an 23 election on the part of the state or any of its officers to 24 pursue any remedy to the exclusion of any other remedy provided 25 by law. 26 Sec. 13. Section 10A.402, subsections 4 and 5, Code 2023, 27 are amended to read as follows: 28 4. Investigations and collections relative to the 29 liquidation of overpayment debts owed to the department of 30 health and human services. Collection methods include but are 31 not limited to small claims filings, debt setoff, distress 32 warrants, and repayment agreements, and are subject to approval 33 by the department of health and human services. 34 5. Investigations relative to the administration of the 35 -8- SF 514 (2) 90 ec/jh/mb 8/ 1512
S.F. 514 state supplementary assistance program, the state medical 1 assistance program, the food stamp supplemental nutrition 2 assistance program, the family investment program, and any 3 other state or federal benefit assistance program. 4 Sec. 14. Section 11.5B, Code 2023, is amended to read as 5 follows: 6 11.5B Repayment of audit expenses by state departments and 7 agencies. 8 The auditor of state shall be reimbursed by a department 9 or agency for performing audits or examinations of the 10 following state departments or agencies, or funds received by 11 a department or agency: 12 1. Department of commerce. 13 2. Department of health and human services. 14 3. State department of transportation. 15 4. Iowa department of public health. 16 5. 4. State board of regents. 17 6. 5. Department of agriculture and land stewardship. 18 7. 6. Iowa veterans home. 19 8. 7. Department of education. 20 9. 8. Department of workforce development. 21 10. 9. Department of natural resources. 22 11. 10. Offices of the clerks of the district court of the 23 judicial branch. 24 12. 11. The Iowa public employees’ retirement system. 25 13. 12. Federal financial assistance, as defined in the 26 federal Single Audit Act, 31 U.S.C. §7501, et seq., received by 27 all other departments. 28 14. 13. Department of administrative services. 29 15. 14. Office of the chief information officer of the 30 department of management. 31 Sec. 15. Section 11.6, subsection 1, paragraph b, Code 2023, 32 is amended to read as follows: 33 b. The financial condition and transactions of community 34 mental health centers organized under chapter 230A , substance 35 -9- SF 514 (2) 90 ec/jh/mb 9/ 1512
S.F. 514 abuse use disorder programs organized under chapter 125 , and 1 community action agencies organized under chapter 216A , shall 2 be audited at least once each year. 3 Sec. 16. Section 12.10, Code 2023, is amended to read as 4 follows: 5 12.10 Deposits by state officers. 6 Except as otherwise provided, all elective and appointive 7 state officers, boards, commissions, and departments shall, 8 within ten days succeeding the collection, deposit with the 9 treasurer of state, or to the credit of the treasurer of state 10 in any depository designated by the treasurer of state, ninety 11 percent of all fees, commissions, and moneys collected or 12 received. The balance actually collected in cash, remaining 13 in the hands of any officer, board, or department shall not 14 exceed the sum of five thousand dollars and money collected 15 shall not be held more than thirty days. This section does not 16 apply to the state fair board, the state board of regents, the 17 utilities board of the department of commerce, the director of 18 the department of health and human services, the Iowa finance 19 authority , or to the funds received by the state racing and 20 gaming commission under sections 99D.7 and 99D.14 . 21 Sec. 17. Section 12E.3A, subsection 1, Code 2023, is amended 22 to read as follows: 23 1. The general assembly reaffirms and reenacts the purposes 24 stated for the use of moneys deposited in the healthy Iowans 25 tobacco trust, as the purposes were enacted in 2000 Iowa Acts, 26 ch. 1232, §12, and codified in section 12.65 , Code 2007, as 27 the purposes for the endowment for Iowa’s health account. 28 The purposes include those purposes related to health care, 29 substance abuse use disorder treatment and enforcement, tobacco 30 use prevention and control, and other purposes related to the 31 needs of children, adults, and families in the state. 32 Sec. 18. Section 15.102, subsection 12, paragraph b, 33 subparagraph (1), subparagraph division (d), Code 2023, is 34 amended to read as follows: 35 -10- SF 514 (2) 90 ec/jh/mb 10/ 1512
S.F. 514 (d) Psychoactive substance abuse use disorders resulting 1 from current illegal use of drugs. 2 Sec. 19. Section 15H.1A, Code 2023, is amended to read as 3 follows: 4 15H.1A Definitions. 5 For purposes of this chapter , unless the context otherwise 6 requires: 7 1. “Authority” means the economic development authority 8 created in section 15.105 . 9 2. 1. “Commission” means the Iowa commission on volunteer 10 service created in section 15H.2 . 11 2. “Department” means the department of health and human 12 services. 13 3. “Director” means the director of the authority health and 14 human services . 15 Sec. 20. Section 15H.2, subsection 1, Code 2023, is amended 16 to read as follows: 17 1. The Iowa commission on volunteer service is created 18 within the authority department . The governor shall appoint 19 the commission’s members. The director may employ personnel 20 as necessary to carry out the duties and responsibilities of 21 the commission. 22 Sec. 21. Section 15H.2, subsection 3, paragraph i, Code 23 2023, is amended to read as follows: 24 i. Administer the retired and senior volunteer program. 25 Sec. 22. Section 15H.4, subsection 1, Code 2023, is amended 26 to read as follows: 27 1. The authority department shall serve as the lead agency 28 for administration of the commission. The authority department 29 may consult with the department of education, the state board 30 of regents, and the department of workforce development for any 31 additional administrative support as necessary to fulfill the 32 duties of the commission. All other state agencies, at the 33 request of the authority department , shall provide assistance 34 to the commission to ensure a fully coordinated state effort 35 -11- SF 514 (2) 90 ec/jh/mb 11/ 1512
S.F. 514 for promoting national and community service. 1 Sec. 23. Section 15H.5, subsection 5, paragraph a, Code 2 2023, is amended to read as follows: 3 a. Funding for the Iowa summer youth corps program, the 4 Iowa green corps program established pursuant to section 5 15H.6 , the Iowa reading corps program established pursuant to 6 section 15H.7 , the RefugeeRISE AmeriCorps program established 7 pursuant to section 15H.8 , and the Iowa national service 8 corps program established pursuant to section 15H.9 shall be 9 obtained from private sector, and local, state, and federal 10 government sources, or from other available funds credited 11 to the community programs account, which shall be created 12 within the economic development authority department under the 13 authority of the commission. Moneys available in the account 14 for a fiscal year are appropriated to the commission to be 15 used for the programs. The commission may establish an escrow 16 account within the authority department and obligate moneys 17 within that escrow account for tuition or program payments to 18 be made beyond the term of any fiscal year. Notwithstanding 19 section 12C.7, subsection 2 , interest earned on moneys in the 20 community programs account shall be credited to the account. 21 Notwithstanding section 8.33 , moneys in the community programs 22 account or escrow account shall not revert to the general fund 23 but shall remain available for expenditure in future fiscal 24 years. 25 Sec. 24. Section 15H.8, Code 2023, is amended to read as 26 follows: 27 15H.8 RefugeeRISE AmeriCorps program. 28 1. a. The commission, in collaboration with the department 29 of human services , shall establish a Refugee Rebuild, 30 Integrate, Serve, Empower (RefugeeRISE) AmeriCorps program 31 to increase community integration and engagement for diverse 32 refugee communities in rural and urban areas across the state. 33 b. The commission, in collaboration with the department 34 of human services , may adopt rules pursuant to chapter 17A to 35 -12- SF 514 (2) 90 ec/jh/mb 12/ 1512
S.F. 514 implement and administer this section . 1 2. The commission may use moneys in and lawfully available 2 to the community programs account created in section 15H.5 to 3 fund the program. 4 3. The commission shall submit an annual report to the 5 general assembly and the department of human services relating 6 to the efficacy of the program. 7 Sec. 25. Section 15H.10, subsection 6, Code 2023, is amended 8 to read as follows: 9 6. Notwithstanding section 8.33 , moneys appropriated to 10 the economic development authority department for allocation 11 to the commission for purposes of this section that remain 12 unencumbered or unobligated at the close of a fiscal year 13 shall not revert but shall remain available to be used for the 14 purposes designated in this section until the close of the 15 succeeding fiscal year. 16 Sec. 26. Section 16.2D, subsection 1, Code 2023, is amended 17 to read as follows: 18 1. A council on homelessness is created consisting of twenty 19 members, eleven of whom are voting members and nine of whom are 20 nonvoting members . At all times, at least one voting member 21 shall be a member of a minority group. 22 Sec. 27. Section 16.2D, subsection 2, paragraph b, Code 23 2023, is amended to read as follows: 24 b. Nine nonvoting Nonvoting agency director members 25 consisting of all of the following: 26 (1) The director of the department of education or the 27 director’s designee. 28 (2) The director of health and human services or the 29 director’s designee. 30 (3) The attorney general or the attorney general’s 31 designee. 32 (4) The director of public health or the director’s 33 designee. 34 (5) The director of the department on aging or the 35 -13- SF 514 (2) 90 ec/jh/mb 13/ 1512
S.F. 514 director’s designee. 1 (6) (4) The director of the department of corrections or 2 the director’s designee. 3 (7) (5) The director of the department of workforce 4 development or the director’s designee. 5 (8) (6) The executive director of the Iowa finance 6 authority or the executive director’s designee. 7 (9) (7) The director of the department of veterans affairs 8 or the director’s designee. 9 Sec. 28. Section 16.3, subsection 9, Code 2023, is amended 10 to read as follows: 11 9. The interest costs paid by group homes of fifteen beds or 12 less licensed as health care facilities or child foster care 13 facilities for facility acquisition and indirectly reimbursed 14 by the department of health and human services through payments 15 for patients at those facilities who are recipients of medical 16 assistance or state supplementary assistance are severe drains 17 on the state’s budget. A reduction in these costs obtained 18 through financing with tax-exempt revenue bonds would clearly 19 be in the public interest. 20 Sec. 29. Section 16.47, subsection 3, Code 2023, is amended 21 to read as follows: 22 3. The authority, in cooperation with the department on 23 aging of health and human services , shall annually allocate 24 moneys available in the home and community-based services 25 revolving loan program fund to develop and expand facilities 26 and infrastructure that provide adult day services, respite 27 services, congregate meals, and programming space for health 28 and wellness, health screening, and nutritional assessments 29 that address the needs of persons with low incomes. 30 Sec. 30. Section 16.48, subsections 1 and 3, Code 2023, are 31 amended to read as follows: 32 1. A transitional housing revolving loan program fund is 33 created within the authority to further the availability of 34 affordable housing for parents that are reuniting with their 35 -14- SF 514 (2) 90 ec/jh/mb 14/ 1512
S.F. 514 children while completing or participating in substance abuse 1 use disorder treatment. The moneys in the fund are annually 2 appropriated to the authority to be used for the development 3 and operation of a revolving loan program to provide financing 4 to construct affordable transitional housing, including through 5 new construction or acquisition and rehabilitation of existing 6 housing. The housing provided shall be geographically located 7 in close proximity to licensed substance abuse use disorder 8 treatment programs. Preference in funding shall be given to 9 projects that reunite mothers with the mothers’ children. 10 3. The authority shall annually allocate moneys available 11 in the transitional housing revolving loan program fund for the 12 development of affordable transitional housing for parents that 13 are reuniting with the parents’ children while completing or 14 participating in substance abuse use disorder treatment. The 15 authority shall develop a joint application process for the 16 allocation of federal low-income housing tax credits and the 17 funds available under this section . Moneys allocated to such 18 projects may be in the form of loans, grants, or a combination 19 of loans and grants. 20 Sec. 31. Section 16.49, subsection 4, Code 2023, is amended 21 to read as follows: 22 4. a. A project shall demonstrate written approval of the 23 project by the department of health and human services to the 24 authority prior to application for funding under this section . 25 b. In order to be approved by the department of health and 26 human services for application for funding for development of 27 permanent supportive housing under this section , a project 28 shall include all of the following components: 29 (1) Provision of services to any of the following Medicaid 30 waiver-eligible individuals: 31 (a) Individuals who are currently underserved in community 32 placements, including individuals who are physically aggressive 33 or have behaviors that are difficult to manage or individuals 34 who meet the psychiatric medical institution for children level 35 -15- SF 514 (2) 90 ec/jh/mb 15/ 1512
S.F. 514 of care. 1 (b) Individuals who are currently residing in out-of-state 2 facilities. 3 (c) Individuals who are currently receiving care in a 4 licensed health care facility. 5 (2) A plan to provide each individual with crisis 6 stabilization services to ensure that the individual’s 7 behavioral issues are appropriately addressed by the provider. 8 (3) Policies and procedures that prohibit discharge of the 9 individual from the waiver services provided by the project 10 provider unless an alternative placement that is acceptable to 11 the client or the client’s guardian is identified. 12 c. In order to be approved by the department of health and 13 human services for application for funding for development of 14 infrastructure in which to provide supportive services under 15 this section , a project shall include all of the following 16 components: 17 (1) Provision of services to Medicaid waiver-eligible 18 individuals who meet the psychiatric medical institution for 19 children level of care. 20 (2) Policies and procedures that prohibit discharge of the 21 individual from the waiver services provided by the project 22 provider unless an alternative placement that is acceptable to 23 the client or the client’s guardian is identified. 24 d. Housing provided through a project under this section is 25 exempt from the requirements of chapter 135O . 26 Sec. 32. Section 22.7, subsections 2, 16, 35, 61, and 62, 27 Code 2023, are amended to read as follows: 28 2. Hospital records, medical records, and professional 29 counselor records of the condition, diagnosis, care, or 30 treatment of a patient or former patient or a counselee or 31 former counselee, including outpatient. However, confidential 32 communications between a crime victim and the victim’s 33 counselor are not subject to disclosure except as provided in 34 section 915.20A . However, the Iowa department of public health 35 -16- SF 514 (2) 90 ec/jh/mb 16/ 1512
S.F. 514 and human services shall adopt rules which provide for the 1 sharing of information among agencies and providers concerning 2 the maternal and child health program including but not limited 3 to the statewide child immunization information system, while 4 maintaining an individual’s confidentiality. 5 16. Information in a report to the Iowa department of public 6 health and human services , to a local board of health, or to 7 a local health department, which identifies a person infected 8 with a reportable disease. 9 35. Records of the Iowa department of public health and 10 human services pertaining to participants in the gambling 11 treatment program except as otherwise provided in this chapter . 12 61. Records of the department on aging of health and human 13 services pertaining to clients served by the state office or a 14 local office of public guardian as defined in section 231E.3 . 15 62. Records maintained by the department on aging of health 16 and human services or office of long-term care ombudsman that 17 disclose the identity of a complainant, resident, tenant, or 18 individual receiving services provided by the department on 19 aging of health and human services , an area agency on aging, 20 or the office of long-term care ombudsman, unless disclosure 21 is otherwise allowed under section 231.42, subsection 12 , 22 paragraph “a” . 23 Sec. 33. Section 23A.2, subsection 10, paragraph l, 24 unnumbered paragraph 1, Code 2023, is amended to read as 25 follows: 26 The offering of goods and services to the public as part 27 of a client training program operated by a state resource 28 center under the control of the department of health and human 29 services provided that all of the following conditions are met: 30 Sec. 34. Section 23A.2, subsection 10, paragraph l, 31 subparagraph (1), Code 2023, is amended to read as follows: 32 (1) Any off-campus vocational or employment training 33 program developed or operated by the department of health and 34 human services for clients of a state resource center is a 35 -17- SF 514 (2) 90 ec/jh/mb 17/ 1512
S.F. 514 supported vocational training program or a supported employment 1 program offered by a community-based provider of services or 2 other employer in the community. 3 Sec. 35. Section 28M.1, subsection 7, Code 2023, is amended 4 to read as follows: 5 7. “Transportation” means the movement of individuals in 6 a four or more wheeled motorized vehicle designed to carry 7 passengers, including a car, van, or bus, or the carrying 8 of individuals upon cars operated upon stationary rails, 9 between one geographic point and another geographic point. 10 “Transportation” does not include emergency or incidental 11 transportation or transportation conducted by the department of 12 health and human services at its institutions. 13 Sec. 36. Section 35A.5, subsection 5, paragraph a, Code 14 2023, is amended to read as follows: 15 a. Coordinate with United States department of veterans 16 affairs hospitals, health care facilities, and clinics in this 17 state and the department of public health and human services 18 to provide assistance to veterans and their families to reduce 19 the incidence of alcohol and chemical dependency and suicide 20 among veterans and to make mental health counseling available 21 to veterans. 22 Sec. 37. Section 35D.14A, Code 2023, is amended to read as 23 follows: 24 35D.14A Volunteer record checks. 25 1. Persons who are potential volunteers or volunteers in 26 the Iowa veterans home in a position having direct individual 27 contact with patients or residents of the home shall be subject 28 to criminal history and child and dependent adult abuse record 29 checks in accordance with this section . The Iowa veterans home 30 shall request that the department of public safety perform the 31 criminal history check and the record check evaluation system 32 of the department of health and human services perform child 33 and dependent adult abuse record checks of the person in this 34 state and may request these checks in other states. 35 -18- SF 514 (2) 90 ec/jh/mb 18/ 1512
S.F. 514 2. a. If it is determined that a person has been convicted 1 of a crime under a law of any state or has a record of 2 founded child or dependent adult abuse, the person shall not 3 participate as a volunteer with direct individual contact 4 with patients or residents of the Iowa veterans home unless 5 an evaluation has been performed by the department of human 6 services record check evaluation system to determine whether 7 the crime or founded child or dependent adult abuse warrants 8 prohibition of the person’s participation as a volunteer in the 9 Iowa veterans home. The department of human services record 10 check evaluation system shall perform such evaluation upon the 11 request of the Iowa veterans home. 12 b. In an evaluation, the department of human services 13 record check evaluation system shall consider the nature and 14 seriousness of the crime or founded child or dependent adult 15 abuse in relation to the position sought or held, the time 16 elapsed since the commission of the crime or founded child or 17 dependent adult abuse, the circumstances under which the crime 18 or founded child or dependent adult abuse was committed, the 19 degree of rehabilitation, the likelihood that the person will 20 commit the crime or founded child or dependent adult abuse 21 again, and the number of crimes or founded child or dependent 22 adult abuses committed by the person involved. 23 c. If the department of human services record check 24 evaluation system performs an evaluation for the purposes of 25 this section , the department of human services record check 26 evaluation system has final authority in determining whether 27 prohibition of the person’s participation as a volunteer is 28 warranted. The department of human services record check 29 evaluation system may permit a person who is evaluated to 30 participate as a volunteer if the person complies with the 31 department’s record check evaluation system’s conditions 32 relating to participation as a volunteer which may include 33 completion of additional training. 34 Sec. 38. Section 47.7, subsection 2, paragraph a, Code 2023, 35 -19- SF 514 (2) 90 ec/jh/mb 19/ 1512
S.F. 514 is amended to read as follows: 1 a. On or before January 1, 2006, the state registrar of 2 voters shall implement in a uniform and nondiscriminatory 3 manner, a single, uniform, official, centralized, interactive 4 computerized statewide voter registration file defined, 5 maintained, and administered at the state level that contains 6 the name and registration information of every legally 7 registered voter in the state and assigns a unique identifier 8 to each legally registered voter in the state. The state voter 9 registration system shall be coordinated with other agency 10 databases within the state, including, but not limited to, 11 state department of transportation driver’s license records, 12 judicial records of convicted felons and persons declared 13 incompetent to vote, and Iowa department of public health and 14 human services records of deceased persons. 15 Sec. 39. Section 48A.19, subsection 1, Code 2023, is amended 16 to read as follows: 17 1. The following state agencies are responsible for voter 18 registration: 19 a. All state offices that have direct client contact and 20 provide applications for public assistance, including but not 21 limited to offices administering the following programs: 22 (1) Food stamps The supplemental nutrition assistance 23 program . 24 (2) Medical The medical assistance program under chapter 25 249A . 26 (3) Iowa The Iowa family investment program. 27 (4) Special The special supplemental nutrition program for 28 women, infants, and children. 29 b. (1) All offices that provide state-funded programs 30 primarily engaged in providing services to persons with 31 disabilities, including but not limited to all of the 32 following: 33 (a) Department for the blind. 34 (b) Division of vocational rehabilitation services of the 35 -20- SF 514 (2) 90 ec/jh/mb 20/ 1512
S.F. 514 department of education workforce development . 1 (c) Office of deaf services of the department of health and 2 human rights services or its successor agency. 3 (d) Office of persons with disabilities of the department of 4 health and human rights services or its successor agency. 5 (2) An agency designated a voter registration agency 6 under this paragraph which provides services to persons with 7 disabilities in their homes shall provide voter registration 8 services at the clients’ homes. 9 c. Other federal and state agencies designated to provide 10 voter registration services include, but are not limited to, 11 the United States armed forces recruiting offices. 12 Sec. 40. Section 48A.31, Code 2023, is amended to read as 13 follows: 14 48A.31 Deceased persons record. 15 The state registrar of vital statistics shall transmit 16 or cause to be transmitted to the state registrar of voters, 17 once each calendar quarter, a certified list of all persons 18 seventeen years of age and older in the state whose deaths have 19 been reported to the bureau state registrar of vital records 20 of the Iowa department of public health statistics since the 21 previous list of decedents was certified to the state registrar 22 of voters. The list shall be submitted according to the 23 specifications of the state registrar of voters and shall be 24 transmitted to the state registrar of voters without charge 25 for production or transmission. The commissioner shall, in 26 the month following the end of a calendar quarter, run the 27 statewide voter registration system’s matching program to 28 determine whether a listed decedent was registered to vote in 29 the county and shall immediately cancel the registration of any 30 person named on the list of decedents. 31 Sec. 41. Section 68B.2, subsection 23, Code 2023, is amended 32 to read as follows: 33 23. “Regulatory agency” means the department of agriculture 34 and land stewardship, department of workforce development, 35 -21- SF 514 (2) 90 ec/jh/mb 21/ 1512
S.F. 514 department of commerce, Iowa department of public health, 1 department of public safety, department of education, state 2 board of regents, department of health and human services, 3 department of revenue, department of inspections and appeals, 4 department of administrative services, public employment 5 relations board, state department of transportation, civil 6 rights commission, department of public defense, department of 7 homeland security and emergency management, Iowa ethics and 8 campaign disclosure board, and department of natural resources. 9 Sec. 42. Section 80.9B, subsections 3 and 7, Code 2023, are 10 amended to read as follows: 11 3. The provisions of chapter 141A also do not apply to 12 the transmission of the same information from either or 13 both information systems to employees of state correctional 14 institutions subject to the jurisdiction of the department 15 of corrections, employees of secure facilities for juveniles 16 subject to the jurisdiction of the department of health and 17 human services, and employees of city and county jails, if 18 those employees have direct physical supervision over inmates 19 of those facilities or institutions. 20 7. The commissioner shall develop and establish, in 21 cooperation with the department of corrections and the 22 department of public health and human services , training 23 programs and program criteria for persons receiving human 24 immunodeficiency virus-related information through the Iowa 25 criminal justice information system or the national crime 26 information center system. 27 Sec. 43. Section 80.28, subsection 2, paragraph a, 28 subparagraph (6), Code 2023, is amended to read as follows: 29 (6) One member representing the Iowa department of public 30 health and human services . 31 Sec. 44. Section 80B.11C, Code 2023, is amended to read as 32 follows: 33 80B.11C Public safety telecommunicator training standards. 34 The director of the academy, subject to the approval of 35 -22- SF 514 (2) 90 ec/jh/mb 22/ 1512
S.F. 514 the council, in consultation with the Iowa state sheriffs’ 1 and deputies’ association, the Iowa police executive forum, 2 the Iowa peace officers association, the Iowa state police 3 association, the Iowa professional fire fighters, the Iowa 4 emergency medical services association, the joint council of 5 Iowa fire service organizations, the Iowa department of public 6 safety, the Iowa chapter of the association of public-safety 7 communications officials——international, inc., the Iowa chapter 8 of the national emergency number association, the department 9 of homeland security and emergency management, and the Iowa 10 department of public health and human services , shall adopt 11 rules pursuant to chapter 17A establishing minimum standards 12 for training of public safety telecommunicators. “Public 13 safety telecommunicator” means a person who serves as a first 14 responder by receiving requests for, or by dispatching requests 15 to, emergency response agencies which include but are not 16 limited to law enforcement, fire, rescue, and emergency medical 17 services agencies. 18 Sec. 45. Section 80E.2, Code 2023, is amended to read as 19 follows: 20 80E.2 Drug policy advisory council —— membership —— duties. 21 1. An Iowa drug policy advisory council is established which 22 shall consist of the following seventeen members: 23 a. The drug policy coordinator director , who shall serve as 24 chairperson of the council. 25 b. The director of the department of corrections, or the 26 director’s designee. 27 c. The director of the department of education, or the 28 director’s designee. 29 d. The director of the department of public health and human 30 services , or the director’s designee. 31 e. The commissioner of public safety, or the commissioner’s 32 designee. 33 f. The director of the department of human services, or the 34 director’s designee. 35 -23- SF 514 (2) 90 ec/jh/mb 23/ 1512
S.F. 514 g. The director of the division of criminal and juvenile 1 justice planning in the department of human rights, or the 2 division director’s designee. 3 h. f. The state public defender, or the state public 4 defender’s designee. 5 i. g. A prosecuting attorney. 6 j. h. A certified alcohol and drug counselor. 7 k. i. A certified substance abuse use disorder prevention 8 specialist. 9 l. j. A substance use disorder treatment program director. 10 m. k. A justice of the Iowa supreme court, or judge, as 11 designated by the chief justice of the supreme court. 12 n. l. A member representing the Iowa peace officers 13 association. 14 o. m. A member representing the Iowa state police 15 association. 16 p. n. A member representing the Iowa state sheriffs’ and 17 deputies’ association. 18 q. o. A police chief. 19 2. The prosecuting attorney, certified alcohol and drug 20 counselor, certified substance abuse use disorder prevention 21 specialist, substance use disorder treatment program director, 22 member representing the Iowa peace officers association, 23 member representing the Iowa state police association, the 24 member representing the Iowa state sheriffs’ and deputies’ 25 association, and the member who is a police chief shall be 26 appointed by the governor, subject to senate confirmation, for 27 four-year terms beginning and ending as provided in section 28 69.19 . A vacancy on the council shall be filled for the 29 unexpired term in the same manner as the original appointment 30 was made. 31 3. The council shall make policy recommendations to 32 the appropriate departments concerning the administration, 33 development, and coordination of programs related to substance 34 abuse use disorder education, prevention, treatment, and 35 -24- SF 514 (2) 90 ec/jh/mb 24/ 1512
S.F. 514 enforcement. 1 4. The members of the council shall be reimbursed for actual 2 and necessary travel and related expenses incurred in the 3 discharge of official duties. Each member of the council may 4 also be eligible to receive compensation as provided in section 5 7E.6 . 6 5. The council shall meet at least semiannually throughout 7 the year. 8 6. A majority of the members of the council constitutes a 9 quorum, and a majority of the total membership of the council 10 is necessary to act in any matter within the jurisdiction of 11 the council. 12 Sec. 46. Section 84A.1A, subsection 1, paragraph b, Code 13 2023, is amended to read as follows: 14 b. The nonvoting members of the Iowa workforce development 15 board shall include the following: 16 (1) One state senator appointed by the minority leader of 17 the senate, who shall serve for a term as provided in section 18 69.16B . 19 (2) One state representative appointed by the minority 20 leader of the house of representatives, who shall serve for a 21 term as provided in section 69.16B . 22 (3) One president, or the president’s designee, of the 23 university of northern Iowa, the university of Iowa, or Iowa 24 state university of science and technology, designated by the 25 state board of regents on a rotating basis. 26 (4) One president, or the president’s designee, of an 27 independent Iowa college, appointed by the Iowa association of 28 independent colleges and universities. 29 (5) One president or president’s designee, of a community 30 college, appointed by the Iowa association of community college 31 presidents. 32 (6) One representative of the economic development 33 authority, appointed by the director. 34 (7) One representative of the department on aging, 35 -25- SF 514 (2) 90 ec/jh/mb 25/ 1512
S.F. 514 appointed by the director. 1 (8) (7) One representative of the department of 2 corrections, appointed by the director. 3 (9) (8) One representative of the department of health and 4 human services, appointed by the director. 5 (10) (9) One representative of the United States department 6 of labor, office of apprenticeship. 7 (11) (10) One representative from the largest statewide 8 public employees’ organization representing state employees. 9 (12) (11) One representative of a statewide labor 10 organization representing employees in the construction 11 industry. 12 (13) (12) One representative of a statewide labor 13 organization representing employees in the manufacturing 14 industry. 15 Sec. 47. Section 84A.6, subsections 2 and 3, Code 2023, are 16 amended to read as follows: 17 2. a. The director of the department of workforce 18 development, in cooperation with the department of health 19 and human services, shall provide job placement and training 20 to persons referred by the department of health and human 21 services under the promoting independence and self-sufficiency 22 through employment job opportunities and basic skills program 23 established pursuant to chapter 239B and the food stamp 24 supplemental nutrition assistance program employment and 25 training program. 26 b. The department of workforce development, in consultation 27 with the department of health and human services, shall develop 28 and implement departmental recruitment and employment practices 29 that address the needs of former and current participants in 30 the family investment program under chapter 239B . 31 3. The director of the department of workforce development, 32 in cooperation with the department of health and human rights 33 services and the vocational rehabilitation services division 34 of the department of education workforce development , shall 35 -26- SF 514 (2) 90 ec/jh/mb 26/ 1512
S.F. 514 establish a program to provide job placement and training to 1 persons with disabilities. 2 Sec. 48. Section 84A.9, Code 2023, is amended to read as 3 follows: 4 84A.9 Statewide mentoring program. 5 A statewide mentoring program is established to recruit, 6 screen, train, and match individuals in a mentoring 7 relationship. The department of workforce development shall 8 administer the program in collaboration with the departments 9 of health and human services , and education , and human rights . 10 The availability of the program is subject to the funding 11 appropriated for the purposes of the program. 12 Sec. 49. Section 84A.11, subsection 2, Code 2023, is amended 13 to read as follows: 14 2. The department of workforce development shall consult 15 with the board of nursing, the department of public health 16 and human services , the department of education, and other 17 appropriate entities in developing recommendations to determine 18 options for additional data collection. 19 Sec. 50. Section 84B.1, Code 2023, is amended to read as 20 follows: 21 84B.1 Workforce development system. 22 The departments of workforce development, education, 23 health and human services, and corrections, the economic 24 development authority, the department on aging, the division 25 of Iowa vocational rehabilitation services of the department 26 of education workforce development , and the department for 27 the blind shall collaborate where possible under applicable 28 state and federal law to align workforce development programs, 29 services, and activities in an integrated workforce development 30 system in the state and in each local workforce development 31 area that is data driven and responsive to the needs of 32 workers, job seekers, and employers. The departments, 33 authority, and division shall also jointly establish an 34 integrated management information system for linking workforce 35 -27- SF 514 (2) 90 ec/jh/mb 27/ 1512
S.F. 514 development programs within local workforce development systems 1 and in the state. 2 Sec. 51. Section 84B.2, unnumbered paragraph 1, Code 2023, 3 is amended to read as follows: 4 The department of workforce development, in consultation 5 with the departments of education, health and human services, 6 and corrections, the economic development authority, 7 the department on aging, the division of Iowa vocational 8 rehabilitation services of the department of education 9 workforce development , and the department for the blind 10 shall establish guidelines for colocating state and federal 11 employment and training programs in centers providing services 12 at the local level. The centers shall be known as workforce 13 development centers. The guidelines shall provide for local 14 design and operation within the guidelines. The core services 15 available at a center shall include but are not limited to all 16 of the following: 17 Sec. 52. Section 85.38, subsection 4, Code 2023, is amended 18 to read as follows: 19 4. Lien for hospital and medical services under chapter 20 249A . In the event any hospital or medical services as provided 21 in section 85.27 are paid by the state department of health and 22 human services on behalf of an employee who is entitled to such 23 benefits under the provisions of this chapter or chapter 85A or 24 85B , a lien shall exist as respects the right of such employee 25 to benefits as described in section 85.27 . 26 Sec. 53. Section 85.60, Code 2023, is amended to read as 27 follows: 28 85.60 Injuries while in work-based learning opportunity, 29 employment training, or evaluation. 30 A person participating in a work-based learning opportunity 31 referred to in section 85.61 , or receiving earnings while 32 engaged in employment training or while undergoing an 33 employment evaluation under the direction of a rehabilitation 34 facility approved for purchase-of-service contracts or for 35 -28- SF 514 (2) 90 ec/jh/mb 28/ 1512
S.F. 514 referrals by the department of health and human services or the 1 department of education, who sustains an injury arising out 2 of and in the course of the work-based learning opportunity 3 participation, employment training, or employment evaluation 4 is entitled to benefits as provided in this chapter , chapter 5 85A , chapter 85B , and chapter 86 . Notwithstanding the minimum 6 benefit provisions of this chapter , a person referred to in 7 this section and entitled to benefits under this chapter is 8 entitled to receive a minimum weekly benefit amount for a 9 permanent partial disability under section 85.34, subsection 10 2 , or for a permanent total disability under section 85.34, 11 subsection 3 , equal to the weekly benefit amount of a person 12 whose gross weekly earnings are thirty-five percent of the 13 statewide average weekly wage computed pursuant to section 96.3 14 and in effect at the time of the injury. 15 Sec. 54. Section 85.61, subsection 3, paragraph b, Code 16 2023, is amended to read as follows: 17 b. A rehabilitation facility approved for 18 purchase-of-service contracts or for referrals by the 19 department of health and human services or the department of 20 education. 21 Sec. 55. Section 85A.11, subsection 2, Code 2023, is amended 22 to read as follows: 23 2. The specimens for the tests required by this section 24 must be taken by a licensed practicing physician or osteopathic 25 physician, and immediately delivered to the state hygienic 26 laboratory of the Iowa department of public health at Iowa 27 City . Each specimen shall be in a container upon which is 28 plainly printed the name and address of the subject, the date 29 when the specimen was taken, the name and address of the 30 subject’s employer, and a certificate by the physician or 31 osteopathic physician that the physician took the specimen 32 from the named subject on the date stated over the physician’s 33 signature and address. 34 Sec. 56. Section 85A.20, Code 2023, is amended to read as 35 -29- SF 514 (2) 90 ec/jh/mb 29/ 1512
S.F. 514 follows: 1 85A.20 Investigation. 2 The workers’ compensation commissioner may designate 3 the industrial hygiene physician medical director of the 4 Iowa department of public health and human services and two 5 physicians selected by the dean of the university of Iowa 6 college of medicine, from the staff of the college, who shall 7 be qualified to diagnose and report on occupational diseases. 8 For the purpose of investigating occupational diseases, the 9 physicians shall have the use, without charge, of all necessary 10 laboratory and other facilities of the university of Iowa 11 college of medicine and of the university hospital at the state 12 university of Iowa, and of the Iowa department of public health 13 and human services in performing the physicians’ duties. 14 Sec. 57. Section 89.4, subsection 1, paragraph h, Code 2023, 15 is amended to read as follows: 16 h. Hot water heating boilers used for heating pools or spas 17 regulated by the department of public health inspections, 18 appeals, and licensing pursuant to chapter 135I . 19 Sec. 58. Section 89B.17, subsection 1, unnumbered paragraph 20 1, Code 2023, is amended to read as follows: 21 The director of public health and human services , the labor 22 commissioner, and the director of the department of natural 23 resources or the director’s designee under written signatures 24 of all these parties may recommend any of the following 25 actions: 26 Sec. 59. Section 92.17, subsection 3, Code 2023, is amended 27 to read as follows: 28 3. A child from working in any occupation or business 29 operated by the child’s parents. For the purposes of this 30 subsection , “child” and “parents” include a foster child and the 31 child’s foster parents who are licensed by the department of 32 health and human services. 33 Sec. 60. Section 96.3, subsections 9 and 11, Code 2023, are 34 amended to read as follows: 35 -30- SF 514 (2) 90 ec/jh/mb 30/ 1512
S.F. 514 9. Child support intercept. 1 a. An individual filing a claim for benefits under section 2 96.6, subsection 1 , shall, at the time of filing, disclose 3 whether the individual owes a child support obligation which 4 is being enforced by the child support recovery unit services 5 established in section 252B.2 . If an individual discloses that 6 such a child support obligation is owed and the individual is 7 determined to be eligible for benefits under this chapter , 8 the department shall notify the child support recovery unit 9 services of the individual’s disclosure and deduct and withhold 10 from benefits payable to the individual the amount specified 11 by the individual. 12 b. However, if the child support recovery unit services 13 and an individual owing a child support obligation reach an 14 agreement to have specified amounts deducted and withheld from 15 the individual’s benefits and the child support recovery unit 16 services submits a copy of the agreement to the department, the 17 department shall deduct and withhold the specified amounts. 18 c. (1) However, if the department is notified of income 19 withholding by the child support recovery unit services under 20 chapter 252D or section 598.22 or 598.23 or if income is 21 garnisheed by the child support recovery unit services under 22 chapter 642 and an individual’s benefits are condemned to the 23 satisfaction of the child support obligation being enforced by 24 the child support recovery unit services , the department shall 25 deduct and withhold from the individual’s benefits that amount 26 required through legal process. 27 (2) Notwithstanding section 642.2, subsections 2, 3, 28 6, and 7 , which restrict garnishments under chapter 642 to 29 wages of public employees, the department may be garnisheed 30 under chapter 642 by the child support recovery unit services 31 established in section 252B.2 , pursuant to a judgment for child 32 support against an individual eligible for benefits under this 33 chapter . 34 (3) Notwithstanding section 96.15 , benefits under this 35 -31- SF 514 (2) 90 ec/jh/mb 31/ 1512
S.F. 514 chapter are not exempt from income withholding, garnishment, 1 attachment, or execution if withheld for or garnisheed by the 2 child support recovery unit services , established in section 3 252B.2 , or if an income withholding order or notice of the 4 income withholding order under section 598.22 or 598.23 is 5 being enforced by the child support recovery unit services to 6 satisfy the child support obligation of an individual who is 7 eligible for benefits under this chapter . 8 d. An amount deducted and withheld under paragraph “a” , “b” , 9 or “c” shall be paid by the department to the child support 10 recovery unit services , and shall be treated as if it were paid 11 to the individual as benefits under this chapter and as if it 12 were paid by the individual to the child support recovery unit 13 services in satisfaction of the individual’s child support 14 obligations. 15 e. If an agreement for reimbursement has been made, the 16 department shall be reimbursed by the child support recovery 17 unit services for the administrative costs incurred by the 18 department under this section which are attributable to the 19 enforcement of child support obligations by the child support 20 recovery unit services . 21 11. Overissuance of food stamp supplemental nutrition 22 assistance program benefits. The department shall collect any 23 overissuance of food stamp supplemental nutrition assistance 24 program benefits by offsetting the amount of the overissuance 25 from the benefits payable under this chapter to the individual. 26 This subsection shall only apply if the department is 27 reimbursed under an agreement with the department of health and 28 human services for administrative costs incurred in recouping 29 the overissuance. The provisions of section 96.15 do not apply 30 to this subsection . 31 Sec. 61. Section 97B.49B, subsection 1, paragraph e, 32 subparagraph (16), Code 2023, is amended to read as follows: 33 (16) A person employed by the department of health and 34 human services as a psychiatric security specialist at a civil 35 -32- SF 514 (2) 90 ec/jh/mb 32/ 1512
S.F. 514 commitment unit for sexually violent offenders facility. 1 Sec. 62. Section 99D.7, subsections 22 and 23, Code 2023, 2 are amended to read as follows: 3 22. To cooperate with the gambling treatment program 4 administered by the Iowa department of public health and human 5 services to incorporate information regarding the gambling 6 treatment program and its toll-free telephone number in printed 7 materials distributed by the commission. The commission may 8 require licensees to have the information available in a 9 conspicuous place as a condition of licensure. 10 23. To establish a process to allow a person to be 11 voluntarily excluded from advance deposit wagering as defined 12 in section 99D.11 , from an internet fantasy sports contest as 13 defined in section 99E.1 , from advance deposit sports wagering 14 as defined in section 99F.9 , and from the wagering area of 15 a racetrack enclosure, from the gaming floor, and from the 16 sports wagering area, as defined in section 99F.1 , of all 17 other licensed facilities under this chapter and chapter 99F 18 as provided in this subsection . The process shall provide 19 that an initial request by a person to be voluntarily excluded 20 shall be for a period of five years or life and any subsequent 21 request following any five-year period shall be for a period of 22 five years or life. The process established shall require that 23 licensees be provided electronic access to names and social 24 security numbers of persons voluntarily excluded through a 25 secured interactive internet site maintained by the commission 26 and information regarding persons voluntarily excluded shall 27 be disseminated to all licensees under this chapter , chapter 28 99E , and chapter 99F . The names, social security numbers, and 29 information regarding persons voluntarily excluded shall be 30 kept confidential unless otherwise ordered by a court or by 31 another person duly authorized to release such information. 32 The process established shall also require a person requesting 33 to be voluntarily excluded be provided information compiled 34 by the Iowa department of public health and human services 35 -33- SF 514 (2) 90 ec/jh/mb 33/ 1512
S.F. 514 on gambling treatment options. The state and any licensee 1 under this chapter , chapter 99E , or chapter 99F shall not be 2 liable to any person for any claim which may arise from this 3 process. In addition to any other penalty provided by law, any 4 money or thing of value that has been obtained by, or is owed 5 to, a voluntarily excluded person as a result of wagers made 6 by the person after the person has been voluntarily excluded 7 shall be forfeited by the person and shall be credited to the 8 general fund of the state. The commission shall not initiate 9 any administrative action or impose penalties on a licensee who 10 voluntarily reports to the commission activity described in 11 section 99D.24, subsection 4 , paragraph “c” . 12 Sec. 63. Section 99D.9, subsection 6, paragraph b, Code 13 2023, is amended to read as follows: 14 b. A licensee shall not permit a financial institution, 15 vendor, or other person to dispense cash or credit through an 16 electronic or mechanical device including but not limited to a 17 satellite terminal as defined in section 527.2 , that is located 18 in the wagering area. However, this paragraph shall not apply 19 to cashless wagering systems where a person accesses a cash 20 account through a mobile application used by the licensee 21 to conduct cashless wagering. The mobile application shall 22 include the statewide telephone number authorized by the Iowa 23 department of public health and human services to provide 24 problem gambling information and extensive responsible gaming 25 features in addition to those described in section 99D.7, 26 subsection 23 . 27 Sec. 64. Section 99E.5, subsection 2, paragraph d, Code 28 2023, is amended to read as follows: 29 d. Include on the internet site or mobile application used 30 by the licensee to conduct internet fantasy sports contests the 31 statewide telephone number authorized by the Iowa department of 32 public health and human services to provide problem gambling 33 information and extensive responsible gaming features in 34 addition to those described in section 99F.4, subsection 22 . 35 -34- SF 514 (2) 90 ec/jh/mb 34/ 1512
S.F. 514 Sec. 65. Section 99F.4, subsection 22, Code 2023, is amended 1 to read as follows: 2 22. To establish a process to allow a person to be 3 voluntarily excluded from advance deposit wagering as defined 4 in section 99D.11 , from an internet fantasy sports contest 5 as defined in section 99E.1 , from advance deposit sports 6 wagering as defined in section 99F.9 , from the gaming floor 7 and sports wagering area of an excursion gambling boat, from 8 the wagering area, as defined in section 99D.2 , and from the 9 gaming floor and sports wagering area of all other licensed 10 facilities under this chapter and chapter 99D as provided in 11 this subsection . The process shall provide that an initial 12 request by a person to be voluntarily excluded shall be for 13 a period of five years or life and any subsequent request 14 following any five-year period shall be for a period of five 15 years or life. The process established shall require that 16 licensees be provided electronic access to names and social 17 security numbers of persons voluntarily excluded through a 18 secured interactive internet site maintained by the commission 19 and information regarding persons voluntarily excluded shall 20 be disseminated to all licensees under this chapter , chapter 21 99D , and chapter 99E . The names, social security numbers, and 22 information regarding persons voluntarily excluded shall be 23 kept confidential unless otherwise ordered by a court or by 24 another person duly authorized to release such information. 25 The process established shall also require a person requesting 26 to be voluntarily excluded be provided information compiled 27 by the Iowa department of public health and human services 28 on gambling treatment options. The state and any licensee 29 under this chapter , chapter 99D , or chapter 99E shall not be 30 liable to any person for any claim which may arise from this 31 process. In addition to any other penalty provided by law, any 32 money or thing of value that has been obtained by, or is owed 33 to, a voluntarily excluded person as a result of wagers made 34 by the person after the person has been voluntarily excluded 35 -35- SF 514 (2) 90 ec/jh/mb 35/ 1512
S.F. 514 shall be forfeited by the person and shall be credited to the 1 general fund of the state. The commission shall not initiate 2 any administrative action or impose penalties on a licensee who 3 voluntarily reports to the commission activity described in 4 section 99F.15, subsection 4 , paragraph “n” . 5 Sec. 66. Section 99F.7, subsection 10, paragraph b, Code 6 2023, is amended to read as follows: 7 b. A licensee shall not permit a financial institution, 8 vendor, or other person to dispense cash or credit through an 9 electronic or mechanical device including but not limited to 10 a satellite terminal, as defined in section 527.2 , that is 11 located on the gaming floor. However, this paragraph shall not 12 apply to cashless wagering systems where a person accesses a 13 cash account through a mobile application used by the licensee 14 to conduct cashless wagering. The mobile application shall 15 include the statewide telephone number authorized by the Iowa 16 department of public health and human services to provide 17 problem gambling information and extensive responsible gaming 18 features in addition to those described in section 99F.4, 19 subsection 22 . 20 Sec. 67. Section 99F.7A, subsection 2, paragraph a, Code 21 2023, is amended to read as follows: 22 a. Include on the internet site or mobile application used 23 by the licensee to conduct advance deposit sports wagering as 24 authorized in section 99F.9 the statewide telephone number 25 authorized by the Iowa department of public health and human 26 services to provide problem gambling information and extensive 27 responsible gaming features in addition to those described in 28 section 99F.4, subsection 22 . 29 Sec. 68. Section 100C.1, subsection 1, Code 2023, is amended 30 to read as follows: 31 1. “Alarm system” means a system or portion of a combination 32 system that consists of components and circuits arranged to 33 monitor and annunciate the status of a fire alarm, security 34 alarm, or nurse call or supervisory signal-initiating devices 35 -36- SF 514 (2) 90 ec/jh/mb 36/ 1512
S.F. 514 and to initiate the appropriate response to those signals, 1 but does not mean any such security system or portion of a 2 combination system installed in a prison, jail, or detention 3 facility owned by the state, a political subdivision of the 4 state, the department of health and human services, or the Iowa 5 veterans home. 6 Sec. 69. Section 101C.3, subsection 1, Code 2023, is amended 7 to read as follows: 8 1. The Iowa propane education and research council is 9 established. The council shall consist of ten voting members, 10 nine of whom represent retail propane marketers and one of whom 11 shall be the administrator of the division of a representative 12 of the department of health and human services responsible 13 for community action agencies of the department of human 14 rights . Members of the council other than the administrator 15 representing retail propane marketers shall be appointed by the 16 fire marshal from a list of nominees submitted by qualified 17 propane industry organizations by December 15 of each year. A 18 vacancy in the unfinished term of a council member shall be 19 filled for the remainder of the term in the same manner as the 20 original appointment was made. Other than the administrator, 21 council Council members representing retail propane marketers 22 shall be full-time employees or owners of a propane industry 23 business or representatives of an agricultural cooperative 24 actively engaged in the propane industry. An employee of a 25 qualified propane industry organization shall not serve as a 26 member of the council. An officer of the board of directors of 27 a qualified propane industry organization or propane industry 28 trade association shall not serve concurrently as a member of 29 the council. The fire marshal or a designee may serve as an ex 30 officio, nonvoting member of the council. 31 Sec. 70. Section 123.47, subsection 4, paragraph a, 32 subparagraph (2), Code 2023, is amended to read as follows: 33 (2) A second offense shall be a simple misdemeanor 34 punishable by a fine of five hundred dollars. In addition to 35 -37- SF 514 (2) 90 ec/jh/mb 37/ 1512
S.F. 514 any other applicable penalty, the person in violation of this 1 section shall choose between either completing a substance 2 abuse use disorder evaluation or the suspension of the person’s 3 motor vehicle operating privileges for a period not to exceed 4 one year. 5 Sec. 71. Section 124.409, subsection 1, Code 2023, is 6 amended to read as follows: 7 1. Whenever the court finds that a person who is charged 8 with a violation of section 124.401 and who consents thereto, 9 or who has entered a plea of guilty to or been found guilty of 10 a violation of that section, is addicted to, dependent upon, 11 or a chronic abuser user of any controlled substance and that 12 such person will be aided by proper medical treatment and 13 rehabilitative services, the court may order that the person 14 be committed as an in-patient or out-patient to a facility 15 licensed by the Iowa department of public health and human 16 services for medical treatment and rehabilitative services. 17 Sec. 72. Section 124.504, subsection 3, Code 2023, is 18 amended to read as follows: 19 3. A practitioner engaged in medical practice or research 20 or the Iowa drug abuse substance use disorder authority or 21 any program which is licensed by the authority shall not be 22 required to furnish the name or identity of a patient or 23 research subject to the board or the department, nor shall the 24 practitioner or the authority or any program which is licensed 25 by the authority be compelled in any state or local civil, 26 criminal, administrative, legislative or other proceedings 27 to furnish the name or identity of an individual that the 28 practitioner or the authority or any of its licensed programs 29 is obligated to keep confidential. 30 Sec. 73. Section 124.551, subsection 2, paragraph a, 31 unnumbered paragraph 1, Code 2023, is amended to read as 32 follows: 33 The program shall collect from pharmacies dispensing 34 information for controlled substances identified pursuant 35 -38- SF 514 (2) 90 ec/jh/mb 38/ 1512
S.F. 514 to section 124.554, subsection 1 , paragraph “g” , and from 1 first responders as defined in section 147A.1, subsection 2 7 , with the exception of emergency medical care providers 3 as defined in section 147A.1, subsection 4 , administration 4 information for opioid antagonists. The department of public 5 health and human services shall provide information for the 6 administration of opioid antagonists to the board as prescribed 7 by rule for emergency medical care providers as defined in 8 section 147A.1, subsection 4 . The board shall adopt rules 9 requiring the following information to be provided regarding 10 the administration of opioid antagonists: 11 Sec. 74. Section 124.556, Code 2023, is amended to read as 12 follows: 13 124.556 Education and treatment. 14 The program shall include education initiatives and outreach 15 to consumers, prescribing practitioners, and pharmacists, and 16 shall also include assistance for identifying substance abuse 17 use disorder treatment programs and providers. The program 18 shall also include educational updates and information on 19 general patient risk factors for prescribing practitioners. 20 The board and advisory council shall adopt rules, as provided 21 under section 124.554 , to implement this section . 22 Sec. 75. Section 124E.2, subsections 3 and 8, Code 2023, are 23 amended to read as follows: 24 3. “Department” means the department of public health and 25 human services . 26 8. “Laboratory” means the state hygienic laboratory 27 at the university of Iowa in Iowa City or any other 28 independent medical cannabidiol testing facility accredited 29 to standard ISO/IEC 17025 by an international organization 30 for standards-approved accrediting body, with a controlled 31 substance registration certificate from the United States drug 32 enforcement administration and a certificate of registration 33 from the board of pharmacy. For the purposes of this chapter , 34 an independent laboratory is a laboratory operated by an 35 -39- SF 514 (2) 90 ec/jh/mb 39/ 1512
S.F. 514 entity that has no equity ownership in a medical cannabidiol 1 manufacturer. 2 Sec. 76. Section 124E.6, subsection 4, Code 2023, is amended 3 to read as follows: 4 4. A medical cannabidiol manufacturer shall contract with 5 a laboratory to perform spot-check testing of the medical 6 cannabidiol produced by the medical cannabidiol manufacturer 7 as provided in section 124E.7 . The department shall require 8 that the laboratory report testing results to the medical 9 cannabidiol manufacturer and the department as determined by 10 the department by rule. If a medical cannabidiol manufacturer 11 contracts with a laboratory other than the state hygienic 12 laboratory at the university of Iowa in Iowa City , the 13 department shall approve the laboratory to perform testing 14 pursuant to this chapter . 15 Sec. 77. Section 124E.14, Code 2023, is amended to read as 16 follows: 17 124E.14 Out-of-state medical cannabidiol dispensaries. 18 The department of public health shall utilize a request for 19 proposals process to select and license by December 1, 2017, 20 up to two out-of-state medical cannabidiol dispensaries from a 21 bordering state to sell and dispense medical cannabidiol to a 22 patient or primary caregiver in possession of a valid medical 23 cannabidiol registration card issued under this chapter . 24 Sec. 78. Section 125.1, Code 2023, is amended to read as 25 follows: 26 125.1 Declaration of policy. 27 It is the policy of this state: 28 1. That persons with substance-related disorders a 29 substance use disorder be afforded the opportunity to 30 receive quality treatment and directed into rehabilitation 31 services which will help them resume a socially acceptable and 32 productive role in society. 33 2. To encourage substance abuse use disorder education 34 and prevention efforts and to insure that such efforts are 35 -40- SF 514 (2) 90 ec/jh/mb 40/ 1512
S.F. 514 coordinated to provide a high quality of services without 1 unnecessary duplication. 2 3. To insure that substance abuse use disorder programs 3 are being operated by individuals who are qualified in their 4 field whether through formal education or through employment 5 or personal experience. 6 Sec. 79. Section 125.2, Code 2023, is amended to read as 7 follows: 8 125.2 Definitions. 9 For purposes of this chapter , unless the context clearly 10 indicates otherwise: 11 1. “Board” means the state board of health created pursuant 12 to chapter 136 . 13 2. 1. “Chemical substance” means alcohol, wine, spirits, 14 and beer as defined in chapter 123 and controlled substances 15 as defined in section 124.101 . 16 3. 2. “Chief medical officer” means the medical director 17 in charge of a public or private hospital, or the director’s 18 physician-designee. This chapter does not negate the 19 authority otherwise reposed by chapter 226 in the respective 20 superintendents of the state mental health institutes to make 21 decisions regarding the appropriateness of admissions or 22 discharges of patients of those institutes, however, it is 23 the intent of this chapter that a superintendent who is not a 24 licensed physician shall be guided in these decisions by the 25 chief medical officer of the institute. 26 4. 3. “Clerk” means the clerk of the district court. 27 4. “Council” means the council on health and human services. 28 5. “County of residence” means the same as defined in 29 section 331.394 . 30 6. “Department” means the Iowa department of public health 31 and human services . 32 7. “Director” means the director of the Iowa department of 33 public health and human services . 34 8. “Facility” means an institution, a detoxification center, 35 -41- SF 514 (2) 90 ec/jh/mb 41/ 1512
S.F. 514 or an installation providing care, maintenance and treatment 1 for persons with substance-related disorders a substance use 2 disorder licensed by the department under section 125.13 , 3 hospitals licensed under chapter 135B , or the state mental 4 health institutes designated by chapter 226 . 5 9. “Incapacitated by a chemical substance” means that a 6 person, as a result of the use of a chemical substance, is 7 unconscious or has the person’s judgment otherwise so impaired 8 that the person is incapable of realizing and making a rational 9 decision with respect to the need for treatment. 10 10. “Incompetent person” means a person who has been 11 adjudged incompetent by a court of law. 12 11. “Interested person” means a person who, in the 13 discretion of the court, is legitimately concerned that a 14 respondent receive substance abuse use disorder treatment 15 services. 16 12. “Magistrate” means the same as defined in section 801.4, 17 subsection 10 . 18 13. “Mental health professional” means the same as defined 19 in section 228.1 . 20 14. “Psychiatric advanced registered nurse practitioner” 21 means an individual currently licensed as a registered nurse 22 under chapter 152 or 152E who holds a national certification in 23 psychiatric mental health care and who is licensed by the board 24 of nursing as an advanced registered nurse practitioner. 25 15. “Respondent” means a person against whom an application 26 is filed under section 125.75 . 27 16. “Substance-related disorder” “Substance use disorder” 28 means a diagnosable substance abuse use disorder of sufficient 29 duration to meet diagnostic criteria specified within the most 30 current diagnostic and statistical manual of mental disorders 31 published by the American psychiatric association that results 32 in a functional impairment. 33 Sec. 80. Section 125.3, Code 2023, is amended to read as 34 follows: 35 -42- SF 514 (2) 90 ec/jh/mb 42/ 1512
S.F. 514 125.3 Substance abuse use disorder program established. 1 The Iowa department of public health shall develop, 2 implement, and administer a comprehensive substance abuse use 3 disorder program pursuant to sections 125.1 and 125.2 , this 4 section , and sections 125.7 , 125.9 , 125.10 , 125.12 through 5 125.21 , 125.25 , 125.32 through 125.34 , and 125.37 through 6 125.43 . 7 Sec. 81. Section 125.7, Code 2023, is amended to read as 8 follows: 9 125.7 Duties of the board council . 10 The board council shall: 11 1. Approve the comprehensive substance abuse use disorder 12 program, developed by the department pursuant to sections 125.1 13 through 125.3 , this section , and sections 125.9 , 125.10 , 125.12 14 through 125.21 , 125.25 , 125.32 through 125.34 , and 125.37 15 through 125.43 . 16 2. Advise the department on policies governing the 17 performance of the department in the discharge of any duties 18 imposed on the department by law. 19 3. Advise or make recommendations to the governor and the 20 general assembly relative to substance abuse use disorder 21 treatment, intervention, education, and prevention programs in 22 this state. 23 4. Adopt rules for subsections 1 and 6 and review other 24 rules necessary to carry out the provisions of this chapter , 25 subject to review in accordance with chapter 17A . 26 5. Investigate the work of the department relating to 27 substance abuse use disorder , and for this purpose the board 28 council shall have access at any time to all books, papers, 29 documents, and records of the department. 30 6. Consider and approve or disapprove all applications 31 for a license and all cases involving the renewal, denial, 32 suspension, or revocation of a license. 33 7. Act as the appeal board regarding funding decisions made 34 by the department. 35 -43- SF 514 (2) 90 ec/jh/mb 43/ 1512
S.F. 514 Sec. 82. Section 125.9, subsections 1, 2, 4, 5, and 6, Code 1 2023, are amended to read as follows: 2 1. Plan, establish and maintain treatment, intervention, 3 education, and prevention programs as necessary or desirable in 4 accordance with the comprehensive substance abuse use disorder 5 program. 6 2. Make contracts necessary or incidental to the 7 performance of the duties and the execution of the powers 8 of the director, including contracts with public and 9 private agencies, organizations and individuals to pay 10 them for services rendered or furnished to persons with 11 substance-related disorders a substance use disorder . 12 4. Coordinate the activities of the department and 13 cooperate with substance abuse use disorder programs in 14 this and other states, and make contracts and other joint or 15 cooperative arrangements with state, local or private agencies 16 in this and other states for the treatment of persons with 17 substance-related disorders a substance use disorder and 18 for the common advancement of substance abuse use disorder 19 programs. 20 5. Require that a written report, in reasonable detail, be 21 submitted to the director at any time by any agency of this 22 state or of any of its political subdivisions in respect to any 23 substance abuse use disorder prevention function, or program 24 for the benefit of persons who are or have been involved in 25 substance abuse use disorder , which is being conducted by the 26 agency. 27 6. Submit to the governor a written report of the 28 pertinent facts at any time the director concludes that any 29 agency of this state or of any of its political subdivisions 30 is conducting any substance abuse use disorder prevention 31 function, or program for the benefit of persons who are or have 32 been involved in substance abuse use disorder in a manner not 33 consistent with or which impairs achievement of the objectives 34 of the state plan to combat substance abuse use disorder , and 35 -44- SF 514 (2) 90 ec/jh/mb 44/ 1512
S.F. 514 has failed to effect appropriate changes in the function or 1 program. 2 Sec. 83. Section 125.10, Code 2023, is amended to read as 3 follows: 4 125.10 Duties of director. 5 The director shall: 6 1. Prepare and submit a state plan subject to approval by 7 the board council and in accordance with 42 U.S.C. §300x-21 et 8 seq. The state plan shall designate the department as the sole 9 agency for supervising the administration of the plan. 10 2. Develop, encourage, and foster statewide, regional, 11 and local plans and programs for the prevention of substance 12 misuse use disorder and the treatment of persons with 13 substance-related disorders a substance use disorder in 14 cooperation with public and private agencies, organizations and 15 individuals, and provide technical assistance and consultation 16 services for these purposes. 17 3. Coordinate the efforts and enlist the assistance of all 18 public and private agencies, organizations, and individuals 19 interested in the prevention of substance misuse use disorder 20 and the treatment of persons with substance-related disorders a 21 substance use disorder . The director’s actions to implement 22 this subsection shall also address the treatment needs of 23 persons who have a mental illness, an intellectual disability, 24 brain injury, or other co-occurring condition in addition to a 25 substance-related substance use disorder. 26 4. Cooperate with the department of human services and 27 the Iowa department of public health in establishing and 28 conducting programs to provide treatment for persons with 29 substance-related disorders a substance use disorder . 30 5. Cooperate with the department of education, boards 31 of education, schools, police departments, courts, and other 32 public and private agencies, organizations, and individuals 33 in establishing programs for the prevention of substance 34 misuse use disorder and the treatment of persons with 35 -45- SF 514 (2) 90 ec/jh/mb 45/ 1512
S.F. 514 substance-related disorders a substance use disorder , and in 1 preparing relevant curriculum materials for use at all levels 2 of school education. 3 6. Prepare, publish, evaluate and disseminate educational 4 material dealing with the nature and effects of chemical 5 substances. 6 7. Develop and implement, as an integral part of treatment 7 programs, an educational program for use in the treatment 8 of persons with substance-related disorders a substance use 9 disorder , which program shall include the dissemination of 10 information concerning the nature and effects of substances. 11 8. Organize and implement, in cooperation with local 12 treatment programs, training programs for all persons engaged 13 in treatment of persons with substance-related disorders a 14 substance use disorder . 15 9. Sponsor and implement research in cooperation with 16 local treatment programs into the causes and nature of 17 substance misuse use disorder and treatment of persons with 18 substance-related disorders a substance use disorder , and serve 19 as a clearing house for information relating to substance 20 misuse use disorder . 21 10. Specify uniform methods for keeping statistical 22 information by public and private agencies, organizations, 23 and individuals, and collect and make available relevant 24 statistical information, including number of persons treated, 25 frequency of admission and readmission, and frequency and 26 duration of treatment. 27 11. Develop and implement, with the counsel and approval 28 of the board council , the comprehensive plan for treatment 29 of persons with substance-related disorders a substance use 30 disorder in accordance with this chapter . 31 12. Assist in the development of, and cooperate with, 32 substance abuse use disorder education and treatment programs 33 for employees of state and local governments and businesses and 34 industries in the state. 35 -46- SF 514 (2) 90 ec/jh/mb 46/ 1512
S.F. 514 13. Utilize the support and assistance of interested 1 persons in the community, particularly persons who are 2 recovering from substance-related disorders a substance use 3 disorder to encourage persons with substance-related disorders 4 a substance use disorder to voluntarily undergo treatment. 5 14. Cooperate with the commissioner of public safety in 6 establishing and conducting programs designed to deal with the 7 problem of persons operating motor vehicles while intoxicated. 8 15. Encourage general hospitals and other appropriate 9 health facilities to admit without discrimination persons 10 with substance-related disorders a substance use disorder 11 and to provide them with adequate and appropriate treatment. 12 The director may negotiate and implement contracts with 13 hospitals and other appropriate health facilities with adequate 14 detoxification facilities. 15 16. Encourage all health and disability insurance programs 16 to include substance-related substance use disorders as covered 17 illnesses. 18 17. Review all state health, welfare, education and 19 treatment proposals to be submitted for federal funding under 20 federal legislation, and advise the governor on provisions 21 to be included relating to substance misuse use disorder and 22 persons with substance-related disorders a substance use 23 disorder . 24 Sec. 84. Section 125.12, subsections 1 and 3, Code 2023, are 25 amended to read as follows: 26 1. The board council shall review the comprehensive 27 substance abuse use disorder program implemented by the 28 department for the treatment of persons with substance-related 29 disorders a substance use disorder and concerned family 30 members. Subject to the review of the board council , the 31 director shall divide the state into appropriate regions 32 for the conduct of the program and establish standards for 33 the development of the program on the regional level. In 34 establishing the regions, consideration shall be given to city 35 -47- SF 514 (2) 90 ec/jh/mb 47/ 1512
S.F. 514 and county lines, population concentrations, and existing 1 substance abuse use disorder treatment services. 2 3. The director shall provide for adequate and appropriate 3 treatment for persons with substance-related disorders a 4 substance use disorder and concerned family members admitted 5 under sections 125.33 and 125.34 , or under section 125.75 , 6 125.81 , or 125.91 . Treatment shall not be provided at a 7 correctional institution except for inmates. A mental health 8 professional who is employed by a treatment provider under the 9 program may provide treatment to a person with co-occurring 10 substance-related substance use and mental health disorders. 11 Such treatment may also be provided by a person employed by 12 such a treatment provider who is receiving the supervision 13 required to meet the definition of mental health professional 14 but has not completed the supervision component. 15 Sec. 85. Section 125.13, subsection 1, paragraph a, Code 16 2023, is amended to read as follows: 17 a. Except as provided in subsection 2 , a person shall not 18 maintain or conduct any chemical substitutes or antagonists 19 program, residential program, or nonresidential outpatient 20 program, the primary purpose of which is the treatment and 21 rehabilitation of persons with substance-related disorders a 22 substance use disorder without having first obtained a written 23 license for the program from the department. 24 Sec. 86. Section 125.13, subsection 2, paragraphs a, b, c, 25 f, i, and j, Code 2023, are amended to read as follows: 26 a. A hospital providing care or treatment to persons 27 with substance-related disorders a substance use disorder 28 licensed under chapter 135B which is accredited by the joint 29 commission on the accreditation of health care organizations, 30 the commission on accreditation of rehabilitation facilities, 31 the American osteopathic association, or another recognized 32 organization approved by the board council . All survey reports 33 from the accrediting or licensing body must be sent to the 34 department. 35 -48- SF 514 (2) 90 ec/jh/mb 48/ 1512
S.F. 514 b. Any practitioner of medicine and surgery or osteopathic 1 medicine and surgery, in the practitioner’s private practice. 2 However, a program shall not be exempted from licensing by the 3 board council by virtue of its utilization of the services of a 4 medical practitioner in its operation. 5 c. Private institutions conducted by and for persons who 6 adhere to the faith of any well recognized church or religious 7 denomination for the purpose of providing care, treatment, 8 counseling, or rehabilitation to persons with substance-related 9 disorders a substance use disorder and who rely solely on 10 prayer or other spiritual means for healing in the practice of 11 religion of such church or denomination. 12 f. Individuals in private practice who are providing 13 substance abuse use disorder treatment services independent 14 from a program that is required to be licensed under subsection 15 1 . 16 i. A substance abuse use disorder treatment program not 17 funded by the department which is accredited or licensed 18 by the joint commission on the accreditation of health 19 care organizations, the commission on the accreditation 20 of rehabilitation facilities, the American osteopathic 21 association, or another recognized organization approved by 22 the board council . All survey reports from the accrediting or 23 licensing body must be sent to the department. 24 j. A hospital substance abuse use disorder treatment program 25 that is accredited or licensed by the joint commission on the 26 accreditation of health care organizations, the commission on 27 the accreditation of rehabilitation facilities, the American 28 osteopathic association, or another recognized organization 29 approved by the board council . All survey reports for the 30 hospital substance abuse use disorder treatment program 31 from the accrediting or licensing body shall be sent to the 32 department. 33 Sec. 87. Section 125.14, Code 2023, is amended to read as 34 follows: 35 -49- SF 514 (2) 90 ec/jh/mb 49/ 1512
S.F. 514 125.14 Licenses —— renewal —— fees. 1 The board council shall consider all cases involving initial 2 issuance, and renewal, denial, suspension, or revocation 3 of a license. The department shall issue a license to an 4 applicant whom the board council determines meets the licensing 5 requirements of this chapter . Licenses shall expire no 6 later than three years from the date of issuance and shall be 7 renewed upon timely application made in the same manner as 8 for initial issuance of a license unless notice of nonrenewal 9 is given to the licensee at least thirty days prior to the 10 expiration of the license. The department shall not charge a 11 fee for licensing or renewal of programs contracting with the 12 department for provision of treatment services. A fee may be 13 charged to other licensees. 14 Sec. 88. Section 125.14A, Code 2023, is amended to read as 15 follows: 16 125.14A Personnel of a licensed program admitting juveniles. 17 1. If a person is being considered for licensure under this 18 chapter , or for employment involving direct responsibility for 19 a child or with access to a child when the child is alone, by 20 a program admitting juveniles subject to licensure under this 21 chapter , or if a person will reside in a facility utilized 22 by such a program, and if the person has been convicted of 23 a crime or has a record of founded child abuse, the record 24 check evaluation system of the department of human services 25 and the program , for an employee of the program , shall perform 26 an evaluation to determine whether the crime or founded 27 child abuse warrants prohibition of licensure, employment, or 28 residence in the facility. The department of human services 29 record check evaluation system shall conduct criminal and 30 child abuse record checks in this state and may conduct these 31 checks in other states. The evaluation shall be performed in 32 accordance with procedures adopted for this purpose by the 33 department of human services . 34 2. If the department of human services record check 35 -50- SF 514 (2) 90 ec/jh/mb 50/ 1512
S.F. 514 evaluation system determines that a person has committed a 1 crime or has a record of founded child abuse and is licensed, 2 employed by a program licensed under this chapter , or resides 3 in a licensed facility the department record check evaluation 4 system shall notify the program that an evaluation will be 5 conducted to determine whether prohibition of the person’s 6 licensure, employment, or residence is warranted. 7 3. In an evaluation, the department of human services 8 record check evaluation system and the program for an employee 9 of the program shall consider the nature and seriousness of 10 the crime or founded child abuse in relation to the position 11 sought or held, the time elapsed since the commission of the 12 crime or founded child abuse, the circumstances under which 13 the crime or founded child abuse was committed, the degree of 14 rehabilitation, the likelihood that the person will commit the 15 crime or founded child abuse again, and the number of crimes 16 or founded child abuses committed by the person involved. The 17 department of human services record check evaluation system 18 may permit a person who is evaluated to be licensed, employed, 19 or to reside, or to continue to be licensed, employed, or 20 to reside in a program, if the person complies with the 21 department’s record check evaluation system’s conditions 22 relating to the person’s licensure, employment, or residence, 23 which may include completion of additional training. For an 24 employee of a licensee, these conditional requirements shall 25 be developed with the licensee. The department of human 26 services record check evaluation system has final authority 27 in determining whether prohibition of the person’s licensure, 28 employment, or residence is warranted and in developing any 29 conditional requirements under this subsection . 30 4. If the department of human services record check 31 evaluation system determines that the person has committed a 32 crime or has a record of founded child abuse which warrants 33 prohibition of licensure, employment, or residence, the person 34 shall not be licensed under this chapter to operate a program 35 -51- SF 514 (2)