Senate Study Bill 1123 - IntroducedA Bill ForAn Act 1relating to the organization, structure, and functions
2of state government, providing for salaries of appointed
3state officers, providing for confirmation of appointments,
4providing for penalties, making appropriations, providing
5Code editor directives and transition provisions, and
6including applicability and effective date provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2DEPARTMENT OF HEALTH AND HUMAN SERVICES
3   Section 1.  Section 2.56, subsection 5, Code 2023, is amended
4to read as follows:
   55.  The legislative services agency, in cooperation with
6the division of department of health and human services as the
7agency responsible for
criminal and juvenile justice planning
8of the department of human rights, shall develop a protocol for
9analyzing the impact of the legislation on minorities.
10   Sec. 2.  Section 7A.3, subsection 1, paragraph c, Code 2023,
11is amended to read as follows:
   12c.  Director of the department of health and human services.
13   Sec. 3.  Section 7A.30, subsection 1, Code 2023, is amended
14to read as follows:
   151.  Each state board, commission, department, and division
16of state government and each institution under the control
17of the department of health and human services, the Iowa
18department of corrections and the state board of regents
19and each division of the state department of transportation
20are responsible for keeping a written, detailed, up-to-date
21inventory of all real and personal property belonging to the
22state and under their charge, control, and management. The
23inventories shall be in the form prescribed by the director of
24the department of administrative services.
25   Sec. 4.  Section 7D.29, subsection 3, Code 2023, is amended
26to read as follows:
   273.  The executive council shall receive requests from the
28Iowa department of public health and human services relative
29to the purchase, storing, and distribution of vaccines and
30medication for prevention, prophylaxis, or treatment. Upon
31review and after compliance with subsection 2, the executive
32council may approve the request and may authorize payment
33of the necessary expense. The expense authorized by the
34executive council under this subsection shall be paid from the
35appropriations referred to in subsection 1.
-1-
1   Sec. 5.  Section 7E.5, subsection 1, Code 2023, is amended
2to read as follows:
   31.  The principal central departments of the executive
4branch as established by law are listed in this section for
5central reference purposes as follows:
   6a.  The department of management, created in section 8.4,
7which has primary responsibility for coordination of state
8policy planning, management of interagency programs, economic
9reports, and program development.
   10b.  The department of administrative services, created
11in section 8A.102, which has primary responsibility for the
12management and coordination of the major resources of state
13government.
   14c.  The department of revenue, created in section 421.2,
15which has primary responsibility for revenue collection and
16revenue law compliance.
   17d.  The department of inspections and appeals, created
18in section 10A.102, which has primary responsibility
19for coordinating the conducting of various inspections,
20investigations, appeals, hearings, and audits.
   21e.  The department of agriculture and land stewardship,
22created in section 159.2, which has primary responsibility
23for encouraging, promoting, and advancing the interests
24of agriculture and allied industries. The secretary of
25agriculture is the director of the department of agriculture
26and land stewardship.
   27f.  The department of commerce, created in section 546.2,
28which has primary responsibility for business and professional
29regulatory, service, and licensing functions.
   30g.  The economic development authority, created in section
3115.105, which has responsibility for ensuring that the
32economic development policies of the state are effectively and
33efficiently carried out.
   34h.  The department of workforce development, created
35in section 84A.1, which has primary responsibility for
-2-1administering the laws relating to unemployment compensation
2insurance, job placement and training, employment safety, labor
3standards, workers’ compensation, and related matters.
   4i.  The department of health and human services, created in
5section 217.1,
which has primary responsibility for services
6to individuals to promote the well-being and the social and
7economic development of the people of the state;.
   8j.  The Iowa department of public health, created in chapter
9135, which has primary responsibility
for supervision of public
10health programs, promotion of public hygiene and sanitation,
11treatment and prevention of substance abuse use disorder, and
12enforcement of related laws;.
   13k.  The department on aging, created in section 231.21,
14which has primary responsibility
for leadership and program
15management for programs which serve the older individuals of
16the state; and for services relating to Latino persons, women,
17persons with disabilities, community action agencies, criminal
18and juvenile justice planning, African Americans, deaf and
19hard-of-hearing persons, persons of Asian and Pacific Islander
20heritage, and Native Americans
.
   21l.    j.  The department of cultural affairs, created in
22section 303.1, which has primary responsibility for managing
23the state’s interests in the areas of the arts, history, the
24state archives and records program, and other cultural matters.
   25m.    k.  The department of education, created in section
26256.1, which has primary responsibility for supervising public
27education at the elementary and secondary levels and for
28supervising the community colleges.
   29n.    l.  The department of corrections, created in section
30904.102, which has primary responsibility for corrections
31administration, corrections institutions, prison industries,
32and the development, funding, and monitoring of community-based
33corrections programs.
   34o.    m.  The department of public safety, created in section
3580.1, which has primary responsibility for statewide law
-3-1enforcement and public safety programs that complement and
2supplement local law enforcement agencies and local inspection
3services.
   4p.    n.  The department of public defense, created in section
529.1, which has primary responsibility for state military
6forces.
   7q.    o.  The department of natural resources, created in
8section 455A.2, which has primary responsibility for state
9parks and forests, protecting the environment, and managing
10fish, wildlife, and land and water resources.
   11r.    p.  The state department of transportation, created in
12section 307.2, which has primary responsibility for development
13and regulation of highway, railway, and air transportation
14throughout the state, including public transit.
   15s.  The department of human rights, created in section
16216A.1, which has primary responsibility for services relating
17to Latino persons, women, persons with disabilities, community
18action agencies, criminal and juvenile justice planning,
19African Americans, deaf and hard-of-hearing persons, persons of
20Asian and Pacific Islander heritage, and Native Americans.
   21t.    q.  In the area of higher education, an agency headed by
22the state board of regents and including all the institutions
23administered by the state board of regents, which has primary
24responsibility for state involvement in higher education.
   25u.    r.  The department for the blind, created in chapter
26216B, which has primary responsibility for services relating
27to blind persons.
   28v.    s.  The department of veterans affairs. However, the
29commission of veterans affairs created in section 35A.2 shall
30have primary responsibility for state veterans affairs.
   31w.    t.  The department of homeland security and emergency
32management, created in section 29C.5, which has primary
33responsibility for the administration of emergency planning
34matters, including emergency resource planning in this state,
35homeland security activities, and coordination of available
-4-1services and resources in the event of a disaster to include
2those services and resources of the federal government and
3private entities.
4   Sec. 6.  Section 8.39, subsection 2, Code 2023, is amended
5to read as follows:
   62.  If the appropriation of a department, institution, or
7agency is insufficient to properly meet the legitimate expenses
8of the department, institution, or agency, the director, with
9the approval of the governor, may make an interdepartmental
10transfer from any other department, institution, or agency of
11the state having an appropriation in excess of its needs, of
12sufficient funds to meet that deficiency. Such transfer shall
13be to an appropriation made from the same funding source and
14within the same fiscal year. The amount of a transfer made
15from an appropriation under this subsection shall be limited
16to not more than one-tenth of one percent of the total of all
17appropriations made from the funding source of the transferred
18appropriation for the fiscal year in which the transfer is
19made. An interdepartmental transfer to an appropriation which
20is not an entitlement appropriation is not authorized when
21the general assembly is in regular session and, in addition,
22the sum of interdepartmental transfers in a fiscal year to an
23appropriation which is not an entitlement appropriation shall
24not exceed fifty percent of the amount of the appropriation
25as enacted by the general assembly. For the purposes of
26this subsection, an entitlement appropriation is a line item
27appropriation to the state public defender for indigent defense
28or to the department of health and human services for foster
29care, state supplementary assistance, or medical assistance, or
30for the family investment program.
31   Sec. 7.  Section 8A.321, subsection 4, Code 2023, is amended
32to read as follows:
   334.  Contract, with the approval of the executive council,
34for the repair, remodeling, or, if the condition warrants,
35demolition of all buildings and grounds of the state at the
-5-1seat of government, at the state laboratories facility in
2Ankeny, and the institutions of the department of health and
3 human services and the department of corrections for which no
4specific appropriation has been made, if the cost of repair,
5remodeling, or demolition will not exceed one hundred thousand
6dollars when completed. The cost of repair projects for which
7no specific appropriation has been made shall be paid as an
8expense authorized by the executive council as provided in
9section 7D.29.
10   Sec. 8.  Section 8A.362, subsection 8, Code 2023, is amended
11to read as follows:
   128.  All fuel used in state-assigned automobiles shall be
13purchased at cost from the various installations or garages
14of the state department of transportation, state board of
15regents, department of health and human services, or state
16motor pools throughout the state, unless the state-owned
17sources for the purchase of fuel are not reasonably accessible.
18If the director determines that state-owned sources for the
19purchase of fuel are not reasonably accessible, the director
20shall authorize the purchase of fuel from other sources. The
21director may prescribe a manner, other than the use of the
22revolving fund, in which the purchase of fuel from state-owned
23sources is charged to the state agency responsible for the
24use of the motor vehicle. The director shall prescribe the
25manner in which oil and other normal motor vehicle maintenance
26for state-owned motor vehicles may be purchased from private
27sources, if they cannot be reasonably obtained from a state
28motor pool. The director may advertise for bids and award
29contracts in accordance with competitive bidding procedures
30for items and services as provided in this subchapter for
31furnishing fuel, oil, grease, and vehicle replacement parts for
32all state-owned motor vehicles. The director and other state
33agencies, when advertising for bids for gasoline, shall also
34seek bids for ethanol blended gasoline.
35   Sec. 9.  Section 8A.504, subsection 1, paragraph d,
-6-1subparagraph (1), Code 2023, is amended to read as follows:
   2(1)  Any debt, which is assigned to the department of health
3and
human services, or which is owed to the department of
 4health and human services for unpaid premiums under section
5249A.3, subsection 2, paragraph “a”, subparagraph (1), or
6which the child support recovery unit services is otherwise
7attempting to collect, or which the foster care recovery unit
8
 services of the department of health and human services is
9attempting to collect on behalf of a child receiving foster
10care provided by the department of health and human services.
11   Sec. 10.  Section 8A.504, subsection 2, unnumbered paragraph
121, Code 2023, is amended to read as follows:
   13The collection entity shall establish and maintain a
14procedure to set off against any claim owed to a person by a
15public agency any liability of that person owed to a public
16agency, a support debt being enforced by the child support
17recovery unit services pursuant to chapter 252B, or such other
18qualifying debt. The procedure shall only apply when at the
19discretion of the director it is feasible. The procedure shall
20meet the following conditions:
21   Sec. 11.  Section 8A.504, subsection 3, Code 2023, is amended
22to read as follows:
   233.  In the case of multiple claims to payments filed
24under this section, priority shall be given to claims filed
25by the child support recovery unit services or the foster
26care recovery unit services, next priority shall be given to
27claims filed by the clerk of the district court, next priority
28shall be given to claims filed by the college student aid
29commission, next priority shall be given to claims filed by the
30investigations division of the department of inspections and
31appeals, and last priority shall be given to claims filed by
32other public agencies. In the case of multiple claims in which
33the priority is not otherwise provided by this subsection,
34priority shall be determined in accordance with rules to be
35established by the director.
-7-
1   Sec. 12.  Section 8A.512, subsection 1, paragraph b,
2subparagraph (2), Code 2023, is amended to read as follows:
   3(2)  Claims for medical assistance payments authorized under
4chapter 249A are subject to the time limits imposed by rule
5adopted by the department of health and human services.
6   Sec. 13.  Section 10A.104, subsection 2, Code 2023, is
7amended to read as follows:
   82.  Appoint the administrators of the divisions within
9the department and all other personnel deemed necessary for
10the administration of this chapter, except the state public
11defender, assistant state public defenders, administrator of
12the racing and gaming commission, and members of the employment
13appeal board, and administrator of the child advocacy board
14created in section 237.16
. All persons appointed and employed
15in the department are covered by the provisions of chapter
168A, subchapter IV, but persons not appointed by the director
17are exempt from the merit system provisions of chapter 8A,
18subchapter IV.
19   Sec. 14.  Section 10A.108, Code 2023, is amended to read as
20follows:
   2110A.108  Improper health and human services entitlement
22benefits or provider payments — debt, lien, collection.
   231.  a.  If a person refuses or neglects to repay benefits or
24provider payments inappropriately obtained from the department
25of health and human services, the amount inappropriately
26obtained, including any interest, penalty, or costs attached
27to the amount, constitutes a debt and is a lien in favor of the
28state upon all property and any rights or title to or interest
29in property, whether real or personal, belonging to the person
30for the period established in subsection 2, with the exception
31of property which is exempt from execution pursuant to chapter
32627.
   33b.  A lien under this section shall not attach to any amount
34of inappropriately obtained benefits or provider payments, or
35portions of the benefits or provider payments, attributable to
-8-1errors by the department of health and human services. Liens
2shall only attach to the amounts of inappropriately obtained
3benefits or provider payments or portions of the benefits or
4provider payments which were obtained due to false, misleading,
5incomplete, or inaccurate information submitted by a person in
6connection with the application for or receipt of benefits or
7provider payments.
   82.  a.  The lien attaches at the time the notice of the
9lien is filed under subsection 3, and continues for ten years
10from that date, unless released or otherwise discharged at an
11earlier time.
   12b.  The lien may be extended, within ten years from the
13date of attachment, if a person files a notice with the county
14recorder or other appropriate county official of the county
15in which the property is located at the time of filing the
16extension. From the time of the filing of the notice, the lien
17period shall be extended for ten years to apply to the property
18in the county in which the notice is filed, unless released
19or otherwise discharged at an earlier time. The number of
20extensions is not limited.
   21c.  The director department shall discharge any lien which is
22allowed to lapse and may charge off any account and release the
23corresponding lien before the lien has lapsed if the director
24
 department determines, under uniform rules prescribed by the
25director, that the account is uncollectible or collection costs
26involved would not warrant collection of the amount due.
   273.  To preserve the lien against subsequent mortgagees,
28purchasers, or judgment creditors, for value and without notice
29of the lien, on any property located in a county, the director
30shall file a notice of the lien with the recorder of the county
31in which the property is located at the time of filing of the
32notice.
   334.  The county recorder of each county shall prepare
34and maintain in the recorder’s office an index of liens of
35debts established based upon benefits or provider payments
-9-1inappropriately obtained from and owed the department of health
2and
human services, containing the applicable entries specified
3in sections 558.49 and 558.52, and providing appropriate
4columns for all of the following data, under the names of
5debtors, arranged alphabetically:
   6a.  The name of the debtor.
   7b.  “State of Iowa, Department of Health and Human Services”
8as claimant.
   9c.  The time that the notice of the lien was filed for
10recording.
   11d.  The date of notice.
   12e.  The amount of the lien currently due.
   13f.  The date of the assessment.
   14g.  The date of satisfaction of the debt.
   15h.  Any extension of the time period for application of the
16lien and the date that the notice for extension was filed.
   175.  The recorder shall endorse on each notice of lien the day
18and time filed for recording and the document reference number,
19and shall preserve the notice. The recorder shall index the
20notice and shall record the lien in the manner provided for
21recording real estate mortgages. The lien is effective from
22the time of the indexing.
   236.  The department shall pay, from moneys appropriated to
24the department for this purpose, recording fees as provided in
25section 331.604, for the recording of the lien.
   267.  Upon payment of a debt for which the director department
27 has filed notice with a county recorder, the director
28
 department shall provide to the debtor a satisfaction of
29the debt. The debtor shall be responsible for filing the
30satisfaction of the debt with the recorder and the recorder
31shall enter the satisfaction on the notice on file in the
32recorder’s office.
   338.  The department of inspections and appeals, as provided
34in this chapter and chapter 626, shall proceed to collect all
35debts owed the department of health and human services as soon
-10-1as practicable after the debt becomes delinquent. If service
2has not been made on a distress warrant by the officer to whom
3addressed within five days from the date the distress warrant
4was received by the officer, the authorized investigators of
5the department of inspections and appeals may serve and make
6return of the warrant to the clerk of the district court of
7the county named in the distress warrant, and all subsequent
8procedures shall be in compliance with chapter 626.
   99.  The distress warrant shall be in a form as prescribed
10by the director, shall be directed to the sheriff of the
11appropriate county, and shall identify the debtor, the type
12of debt, and the delinquent amount. The distress warrant
13shall direct the sheriff to distrain, seize, garnish, or levy
14upon, and sell, as provided by law, any real or personal
15property belonging to the debtor to satisfy the amount of the
16delinquency plus costs. The distress warrant shall also direct
17the sheriff to make due and prompt return to the department
18or to the district court under chapter 626 of all amounts
19collected.
   2010.  The attorney general, upon the request of the director
21of inspections and appeals, shall bring an action, as the facts
22may justify, without bond, to enforce payment of any debts
23under this section, and in the action the attorney general
24shall have the assistance of the county attorney of the county
25in which the action is pending.
   2611.  The remedies of the state shall be cumulative and no
27action taken by the director of inspections and appeals or
28attorney general shall be construed to be an election on the
29part of the state or any of its officers to pursue any remedy to
30the exclusion of any other remedy provided by law.
31   Sec. 15.  Section 10A.402, subsections 4 and 5, Code 2023,
32are amended to read as follows:
   334.  Investigations and collections relative to the
34liquidation of overpayment debts owed to the department of
 35health and human services. Collection methods include but are
-11-1not limited to small claims filings, debt setoff, distress
2warrants, and repayment agreements, and are subject to approval
3by the department of health and human services.
   45.  Investigations relative to the administration of the
5state supplementary assistance program, the state medical
6assistance program, the food stamp supplemental nutrition
7assistance
program, the family investment program, and any
8other state or federal benefit assistance program.
9   Sec. 16.  Section 11.5B, Code 2023, is amended to read as
10follows:
   1111.5B  Repayment of audit expenses by state departments and
12agencies.
   13The auditor of state shall be reimbursed by a department
14or agency for performing audits or examinations of the
15following state departments or agencies, or funds received by
16a department or agency:
   171.  Department of commerce.
   182.  Department of health and human services.
   193.  State department of transportation.
   204.  Iowa department of public health.
   215.    4.  State board of regents.
   226.    5.  Department of agriculture and land stewardship.
   237.    6.  Iowa veterans home.
   248.    7.  Department of education.
   259.    8.  Department of workforce development.
   2610.    9.  Department of natural resources.
   2711.    10.  Offices of the clerks of the district court of the
28judicial branch.
   2912.    11.  The Iowa public employees’ retirement system.
   3013.    12.  Federal financial assistance, as defined in the
31federal Single Audit Act, 31 U.S.C. §7501, et seq., received by
32all other departments.
   3314.    13.  Department of administrative services.
   3415.    14.  Office of the chief information officer of the
35department of management.
-12-
1   Sec. 17.  Section 11.6, subsection 1, paragraph b, Code 2023,
2is amended to read as follows:
   3b.  The financial condition and transactions of community
4mental health centers organized under chapter 230A, substance
5abuse use disorder programs organized under chapter 125, and
6community action agencies organized under chapter 216A, shall
7be audited at least once each year.
8   Sec. 18.  Section 12.10, Code 2023, is amended to read as
9follows:
   1012.10  Deposits by state officers.
   11Except as otherwise provided, all elective and appointive
12state officers, boards, commissions, and departments shall,
13within ten days succeeding the collection, deposit with the
14treasurer of state, or to the credit of the treasurer of state
15in any depository designated by the treasurer of state, ninety
16percent of all fees, commissions, and moneys collected or
17received. The balance actually collected in cash, remaining
18in the hands of any officer, board, or department shall not
19exceed the sum of five thousand dollars and money collected
20shall not be held more than thirty days. This section does not
21apply to the state fair board, the state board of regents, the
22utilities board of the department of commerce, the director of
23the department of health and human services, the Iowa finance
24authority, or to the funds received by the state racing and
25gaming commission under sections 99D.7 and 99D.14.
26   Sec. 19.  Section 12E.3A, subsection 1, Code 2023, is amended
27to read as follows:
   281.  The general assembly reaffirms and reenacts the purposes
29stated for the use of moneys deposited in the healthy Iowans
30tobacco trust, as the purposes were enacted in 2000 Iowa Acts,
31ch.1232, §12, and codified in section 12.65, Code 2007, as
32the purposes for the endowment for Iowa’s health account.
33The purposes include those purposes related to health care,
34substance abuse use disorder treatment and enforcement, tobacco
35use prevention and control, and other purposes related to the
-13-1needs of children, adults, and families in the state.
2   Sec. 20.  Section 13.6, Code 2023, is amended to read as
3follows:
   413.6  Assistant for human services department of health and
5human services
.
   6The attorney general may appoint one assistant attorney
7general to perform and supervise the legal work of the division
8of child and family services of
the department of health and
9 human services, and in such event the salary and necessary
10traveling expenses of such assistant attorney general shall be
11paid from the appropriation to said division the department,
12and upon request of the attorney general the director of the
13department of
 health and human services shall provide and equip
14a suitable office and the necessary secretarial assistance for
15such assistant attorney general.
16   Sec. 21.  Section 15.102, subsection 12, paragraph b,
17subparagraph (1), subparagraph division (d), Code 2023, is
18amended to read as follows:
   19(d)  Psychoactive substance abuse use disorders resulting
20from current illegal use of drugs.
21   Sec. 22.  Section 15H.1A, Code 2023, is amended to read as
22follows:
   2315H.1A  Definitions.
   24For purposes of this chapter, unless the context otherwise
25requires:
   261.  “Authority” means the economic development authority
27created in section 15.105.
   282.    1.  “Commission” means the Iowa commission on volunteer
29service created in section 15H.2.
   302.  “Department” means the department of health and human
31services.
   323.  “Director” means the director of the authority health and
33human services
.
34   Sec. 23.  Section 15H.2, subsection 1, Code 2023, is amended
35to read as follows:
-14-   11.  The Iowa commission on volunteer service is created
2within the authority department. The governor shall appoint
3the commission’s members. The director may employ personnel
4as necessary to carry out the duties and responsibilities of
5the commission.
6   Sec. 24.  Section 15H.2, subsection 3, paragraph i, Code
72023, is amended to read as follows:
   8i.  Administer the retired and senior volunteer program.
9   Sec. 25.  Section 15H.4, subsection 1, Code 2023, is amended
10to read as follows:
   111.  The authority department shall serve as the lead agency
12for administration of the commission. The authority department
13 may consult with the department of education, the state board
14of regents, and the department of workforce development for any
15additional administrative support as necessary to fulfill the
16duties of the commission. All other state agencies, at the
17request of the authority department, shall provide assistance
18to the commission to ensure a fully coordinated state effort
19for promoting national and community service.
20   Sec. 26.  Section 15H.5, subsection 5, paragraph a, Code
212023, is amended to read as follows:
   22a.  Funding for the Iowa summer youth corps program, the
23Iowa green corps program established pursuant to section
2415H.6, the Iowa reading corps program established pursuant to
25section 15H.7, the RefugeeRISE AmeriCorps program established
26pursuant to section 15H.8, and the Iowa national service
27corps program established pursuant to section 15H.9 shall be
28obtained from private sector, and local, state, and federal
29government sources, or from other available funds credited
30to the community programs account, which shall be created
31within the economic development authority department under the
32authority of the commission. Moneys available in the account
33for a fiscal year are appropriated to the commission to be
34used for the programs. The commission may establish an escrow
35account within the authority department and obligate moneys
-15-1within that escrow account for tuition or program payments to
2be made beyond the term of any fiscal year. Notwithstanding
3section 12C.7, subsection 2, interest earned on moneys in the
4community programs account shall be credited to the account.
5Notwithstanding section 8.33, moneys in the community programs
6account or escrow account shall not revert to the general fund
7but shall remain available for expenditure in future fiscal
8years.
9   Sec. 27.  Section 15H.8, Code 2023, is amended to read as
10follows:
   1115H.8  RefugeeRISE AmeriCorps program.
   121.  a.  The commission, in collaboration with the department
13of human services, shall establish a Refugee Rebuild,
14Integrate, Serve, Empower (RefugeeRISE) AmeriCorps program
15to increase community integration and engagement for diverse
16refugee communities in rural and urban areas across the state.
   17b.  The commission, in collaboration with the department
18of human services, may adopt rules pursuant to chapter 17A to
19implement and administer this section.
   202.  The commission may use moneys in and lawfully available
21to the community programs account created in section 15H.5 to
22fund the program.
   233.  The commission shall submit an annual report to the
24general assembly and the department of human services relating
25to the efficacy of the program.
26   Sec. 28.  Section 15H.10, subsection 6, Code 2023, is amended
27to read as follows:
   286.  Notwithstanding section 8.33, moneys appropriated to
29the economic development authority department for allocation
30to the commission for purposes of this section that remain
31unencumbered or unobligated at the close of a fiscal year
32shall not revert but shall remain available to be used for the
33purposes designated in this section until the close of the
34succeeding fiscal year.
35   Sec. 29.  Section 16.2D, subsection 1, Code 2023, is amended
-16-1to read as follows:
   21.  A council on homelessness is created consisting of twenty
3members, eleven of whom are voting members and nine of whom are
4nonvoting members
. At all times, at least one voting member
5shall be a member of a minority group.
6   Sec. 30.  Section 16.2D, subsection 2, paragraph b, Code
72023, is amended to read as follows:
   8b.  Nine nonvoting Nonvoting agency director members
9consisting of all of the following:
   10(1)  The director of the department of education or the
11director’s designee.
   12(2)  The director of health and human services or the
13director’s designee.
   14(3)  The attorney general or the attorney general’s
15designee.
   16(4)  The director of public health or the director’s
17designee.
   18(5)  The director of the department on aging or the
19director’s designee.
   20(6)    (4)  The director of the department of corrections or
21the director’s designee.
   22(7)    (5)  The director of the department of workforce
23development or the director’s designee.
   24(8)    (6)  The executive director of the Iowa finance
25authority or the executive director’s designee.
   26(9)    (7)  The director of the department of veterans affairs
27or the director’s designee.
28   Sec. 31.  Section 16.3, subsection 9, Code 2023, is amended
29to read as follows:
   309.  The interest costs paid by group homes of fifteen beds or
31less licensed as health care facilities or child foster care
32facilities for facility acquisition and indirectly reimbursed
33by the department of health and human services through payments
34for patients at those facilities who are recipients of medical
35assistance or state supplementary assistance are severe drains
-17-1on the state’s budget. A reduction in these costs obtained
2through financing with tax-exempt revenue bonds would clearly
3be in the public interest.
4   Sec. 32.  Section 16.47, subsection 3, Code 2023, is amended
5to read as follows:
   63.  The authority, in cooperation with the department on
7aging
 of health and human services, shall annually allocate
8moneys available in the home and community-based services
9revolving loan program fund to develop and expand facilities
10and infrastructure that provide adult day services, respite
11services, congregate meals, and programming space for health
12and wellness, health screening, and nutritional assessments
13that address the needs of persons with low incomes.
14   Sec. 33.  Section 16.48, subsections 1 and 3, Code 2023, are
15amended to read as follows:
   161.  A transitional housing revolving loan program fund is
17created within the authority to further the availability of
18affordable housing for parents that are reuniting with their
19children while completing or participating in substance abuse
20
 use disorder treatment. The moneys in the fund are annually
21appropriated to the authority to be used for the development
22and operation of a revolving loan program to provide financing
23to construct affordable transitional housing, including through
24new construction or acquisition and rehabilitation of existing
25housing. The housing provided shall be geographically located
26in close proximity to licensed substance abuse use disorder
27 treatment programs. Preference in funding shall be given to
28projects that reunite mothers with the mothers’ children.
   293.  The authority shall annually allocate moneys available
30in the transitional housing revolving loan program fund for the
31development of affordable transitional housing for parents that
32are reuniting with the parents’ children while completing or
33participating in substance abuse use disorder treatment. The
34authority shall develop a joint application process for the
35allocation of federal low-income housing tax credits and the
-18-1funds available under this section. Moneys allocated to such
2projects may be in the form of loans, grants, or a combination
3of loans and grants.
4   Sec. 34.  Section 16.49, subsection 4, Code 2023, is amended
5to read as follows:
   64.  a.  A project shall demonstrate written approval of the
7project by the department of health and human services to the
8authority prior to application for funding under this section.
   9b.  In order to be approved by the department of health and
10 human services for application for funding for development of
11permanent supportive housing under this section, a project
12shall include all of the following components:
   13(1)  Provision of services to any of the following Medicaid
14waiver-eligible individuals:
   15(a)  Individuals who are currently underserved in community
16placements, including individuals who are physically aggressive
17or have behaviors that are difficult to manage or individuals
18who meet the psychiatric medical institution for children level
19of care.
   20(b)  Individuals who are currently residing in out-of-state
21facilities.
   22(c)  Individuals who are currently receiving care in a
23licensed health care facility.
   24(2)  A plan to provide each individual with crisis
25stabilization services to ensure that the individual’s
26behavioral issues are appropriately addressed by the provider.
   27(3)  Policies and procedures that prohibit discharge of the
28individual from the waiver services provided by the project
29provider unless an alternative placement that is acceptable to
30the client or the client’s guardian is identified.
   31c.  In order to be approved by the department of health and
32 human services for application for funding for development of
33infrastructure in which to provide supportive services under
34this section, a project shall include all of the following
35components:
-19-
   1(1)  Provision of services to Medicaid waiver-eligible
2individuals who meet the psychiatric medical institution for
3children level of care.
   4(2)  Policies and procedures that prohibit discharge of the
5individual from the waiver services provided by the project
6provider unless an alternative placement that is acceptable to
7the client or the client’s guardian is identified.
   8d.  Housing provided through a project under this section is
9exempt from the requirements of chapter 135O.
10   Sec. 35.  Section 22.7, subsections 2, 16, 35, 61, and 62,
11Code 2023, are amended to read as follows:
   122.  Hospital records, medical records, and professional
13counselor records of the condition, diagnosis, care, or
14treatment of a patient or former patient or a counselee or
15former counselee, including outpatient. However, confidential
16communications between a crime victim and the victim’s
17counselor are not subject to disclosure except as provided in
18section 915.20A. However, the Iowa department of public health
 19and human services shall adopt rules which provide for the
20sharing of information among agencies and providers concerning
21the maternal and child health program including but not limited
22to the statewide child immunization information system, while
23maintaining an individual’s confidentiality.
   2416.  Information in a report to the Iowa department of public
25 health and human services, to a local board of health, or to
26a local health department, which identifies a person infected
27with a reportable disease.
   2835.  Records of the Iowa department of public health and
29human services
pertaining to participants in the gambling
30treatment program except as otherwise provided in this chapter.
   3161.  Records of the department on aging of health and human
32services
pertaining to clients served by the state office or a
33local office of public guardian as defined in section 231E.3.
   3462.  Records maintained by the department on aging of health
35and human services
or office of long-term care ombudsman that
-20-1disclose the identity of a complainant, resident, tenant, or
2individual receiving services provided by the department on
3aging
 of health and human services, an area agency on aging,
4or the office of long-term care ombudsman, unless disclosure
5is otherwise allowed under section 231.42, subsection 12,
6paragraph “a”.
7   Sec. 36.  Section 23A.2, subsection 10, paragraph l,
8unnumbered paragraph 1, Code 2023, is amended to read as
9follows:
   10The offering of goods and services to the public as part
11of a client training program operated by a state resource
12center under the control of the department of health and human
13services provided that all of the following conditions are met:
14   Sec. 37.  Section 23A.2, subsection 10, paragraph l,
15subparagraph (1), Code 2023, is amended to read as follows:
   16(1)  Any off-campus vocational or employment training
17program developed or operated by the department of health and
18 human services for clients of a state resource center is a
19supported vocational training program or a supported employment
20program offered by a community-based provider of services or
21other employer in the community.
22   Sec. 38.  Section 28M.1, subsection 7, Code 2023, is amended
23to read as follows:
   247.  “Transportation” means the movement of individuals in
25a four or more wheeled motorized vehicle designed to carry
26passengers, including a car, van, or bus, or the carrying
27of individuals upon cars operated upon stationary rails,
28between one geographic point and another geographic point.
29“Transportation” does not include emergency or incidental
30transportation or transportation conducted by the department of
 31health and human services at its institutions.
32   Sec. 39.  Section 29C.20A, subsection 2, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
   34The grant funds shall be administered by the department of
 35health and human services. The department shall adopt rules
-21-1to create the Iowa disaster aid individual assistance grant
2program. The rules shall specify the eligibility of applicants
3and eligible items for grant funding. The executive council
4shall use grant funds to reimburse the department of health
5and
human services for its actual expenses associated with
6the administration of the grants. The department of health
7and
human services may implement an ongoing contract with a
8provider or providers of a statewide program with local offices
9throughout the state to serve as the local administrative
10entity for the grant program so that the program can be
11implemented with minimal delay when a disaster occurs in a
12local area. The rules adopted by the department of health
13and
human services for the program shall include but are not
14limited to all of the following:
15   Sec. 40.  Section 29C.20A, subsections 4 and 5, Code 2023,
16are amended to read as follows:
   174.  A recipient of grant funding shall receive reimbursement
18for expenses upon presenting a receipt for an eligible expense
19or shall receive a voucher through a voucher system developed
20by the department of health and human services and administered
21locally within the designated disaster area. A voucher system
22shall ensure sufficient data collection to discourage and
23prevent fraud. The department shall consult with long-term
24disaster recovery committees and disaster recovery case
25management committees in developing a voucher system.
   265.  The department of health and human services shall submit
27an annual report, by January 1 of each year, to the legislative
28fiscal committee and the general assembly’s standing committees
29on government oversight concerning the activities of the grant
30program in the previous fiscal year.
31   Sec. 41.  Section 29C.20B, Code 2023, is amended to read as
32follows:
   3329C.20B  Disaster case management grant fund and program.
   341.  a.  A disaster case management grant fund is created
35in the state treasury for the use of the executive council.
-22-1Moneys in the fund shall be expended if grants are awarded
2pursuant to section 29C.20A following the governor’s
3proclamation of a state of disaster emergency or the
4declaration of a major disaster by the president of the United
5States.
   6b.  The executive council may make financial grants to meet
7disaster-related case management needs of disaster-affected
8individuals. The aggregate total of grants awarded shall
9not be more than one million dollars during a fiscal year.
10However, within the same fiscal year, additional funds may
11be specifically authorized by the executive council to meet
12additional needs. Upon request of the department of health and
13 human services, the executive council may make available up to
14one hundred thousand dollars, or so much as is necessary, for
15contract entity staff support and case management training.
   16c.  The department of health and human services shall
17work with the department of homeland security and emergency
18management and, as selected by the department of health and
19 human services, a representative of nonprofit, voluntary,
20and faith-based organizations active in disaster recovery
21and response to establish a statewide system of disaster
22case management to be activated following the governor’s
23proclamation of a disaster emergency or the declaration of
24a major disaster by the president of the United States for
25individual assistance purposes.
   262.  The department of health and human services shall
27administer disaster case management grants. The department of
 28health and human services, in conjunction with the department
29of homeland security and emergency management, shall establish
30a disaster case management program and adopt rules pursuant to
31chapter 17A necessary to administer the program. The executive
32council shall use grant moneys to reimburse the department
33of health and human services for actual expenses associated
34with the administration of the grants. Under the program, the
35department of health and human services shall coordinate case
-23-1management services locally through one or more contracted
2entities. The department of health and human services shall
3implement an ongoing contract with a provider of a statewide
4program with local offices throughout the state to serve as
5the local administrative entity for the grant program to allow
6implementation of the program with minimal delay if grants are
7awarded pursuant to section 29C.20A following a governor’s
8proclamation of a state of disaster emergency or a declaration
9of a major disaster by the president of the United States.
   103.  The department of health and human services, in
11conjunction with the department of homeland security and
12emergency management and a representative of the Iowa voluntary
13organizations active in disaster, shall adopt rules pursuant to
14chapter 17A to create coordination mechanisms and standards for
15the establishment and implementation of a statewide system of
16disaster case management. The rules adopted by the department
17of health and human services for the program shall include but
18are not limited to all of the following:
   19a.  If a local administrative entity is under contract with
20the state to provide other services or is implementing a state
21or federal program and the contract contains a sufficient
22surety bond or other adequate financial responsibility
23provisions, the department shall accept the existing surety
24bond or financial responsibility provisions in lieu of applying
25a new or additional surety bond or financial responsibility
26requirement.
   27b.  Authorization for the local administrative entity to draw
28down grant funding to pay valid claims on at least a weekly
29basis.
   30c.  Disaster case management standards.
   31d.  Disaster case management policies.
   32e.  Reporting requirements.
   33f.  Eligibility criteria.
   34g.  Coordination mechanisms necessary to carry out the
35services provided.
-24-
   1h.  Development of formal working relationships with agencies
2and creation of interagency agreements for those considered to
3provide disaster case management services.
   4i.  Establishment of nonduplication of benefits policies and
5mechanisms for the exchange of information between agencies to
6ensure compliance with the federal Health Insurance Portability
7and Accountability Act of 1996, Pub.L. No.104-191, 110 Stat.
81936 (1996).
   9j.  Referral to all known available services for individuals
10from multiple agencies in coordinated service locations.
   114.  By January 1 of each year, the department of health
12and
human services shall submit an annual written report to
13the legislative fiscal committee and the general assembly’s
14standing committees on government oversight concerning the
15activities of the grant program during the previous fiscal
16year.
17   Sec. 42.  Section 35A.5, subsection 5, paragraph a, Code
182023, is amended to read as follows:
   19a.  Coordinate with United States department of veterans
20affairs hospitals, health care facilities, and clinics in this
21state and the department of public health and human services
22 to provide assistance to veterans and their families to reduce
23the incidence of alcohol and chemical dependency and suicide
24among veterans and to make mental health counseling available
25to veterans.
26   Sec. 43.  Section 35D.14A, Code 2023, is amended to read as
27follows:
   2835D.14A  Volunteer record checks.
   291.  Persons who are potential volunteers or volunteers in
30the Iowa veterans home in a position having direct individual
31contact with patients or residents of the home shall be subject
32to criminal history and child and dependent adult abuse record
33checks in accordance with this section. The Iowa veterans home
34shall request that the department of public safety perform the
35criminal history check and the record check evaluation system
-25-1of the
department of health and human services perform child
2and dependent adult abuse record checks of the person in this
3state and may request these checks in other states.
   42.  a.  If it is determined that a person has been convicted
5of a crime under a law of any state or has a record of
6founded child or dependent adult abuse, the person shall not
7participate as a volunteer with direct individual contact
8with patients or residents of the Iowa veterans home unless
9an evaluation has been performed by the department of human
10services
 record check evaluation system to determine whether
11the crime or founded child or dependent adult abuse warrants
12prohibition of the person’s participation as a volunteer in the
13Iowa veterans home. The department of human services record
14check evaluation system
shall perform such evaluation upon the
15request of the Iowa veterans home.
   16b.  In an evaluation, the department of human services
17
 record check evaluation system shall consider the nature and
18seriousness of the crime or founded child or dependent adult
19abuse in relation to the position sought or held, the time
20elapsed since the commission of the crime or founded child or
21dependent adult abuse, the circumstances under which the crime
22or founded child or dependent adult abuse was committed, the
23degree of rehabilitation, the likelihood that the person will
24commit the crime or founded child or dependent adult abuse
25again, and the number of crimes or founded child or dependent
26adult abuses committed by the person involved.
   27c.  If the department of human services record check
28evaluation system
performs an evaluation for the purposes of
29this section, the department of human services record check
30evaluation system
has final authority in determining whether
31prohibition of the person’s participation as a volunteer is
32warranted. The department of human services record check
33evaluation system
may permit a person who is evaluated to
34participate as a volunteer if the person complies with the
35department’s record check evaluation system’s conditions
-26-1relating to participation as a volunteer which may include
2completion of additional training.
3   Sec. 44.  Section 47.7, subsection 2, paragraph a, Code 2023,
4is amended to read as follows:
   5a.  On or before January 1, 2006, the state registrar of
6voters shall implement in a uniform and nondiscriminatory
7manner, a single, uniform, official, centralized, interactive
8computerized statewide voter registration file defined,
9maintained, and administered at the state level that contains
10the name and registration information of every legally
11registered voter in the state and assigns a unique identifier
12to each legally registered voter in the state. The state voter
13registration system shall be coordinated with other agency
14databases within the state, including, but not limited to,
15state department of transportation driver’s license records,
16judicial records of convicted felons and persons declared
17incompetent to vote, and Iowa department of public health and
18human services
records of deceased persons.
19   Sec. 45.  Section 48A.19, subsection 1, Code 2023, is amended
20to read as follows:
   211.  The following state agencies are responsible for voter
22registration:
   23a.  All state offices that have direct client contact and
24provide applications for public assistance, including but not
25limited to offices administering the following programs:
   26(1)  Food stamps The supplemental nutrition assistance
27program
.
   28(2)  Medical The medical assistance program under chapter
29249A.
   30(3)  Iowa The Iowa family investment program.
   31(4)  Special The special supplemental nutrition program for
32women, infants, and children.
   33b.  (1)  All offices that provide state-funded programs
34primarily engaged in providing services to persons with
35disabilities, including but not limited to all of the
-27-1following:
   2(a)  Department for the blind.
   3(b)  Division of vocational rehabilitation services of the
4department of education.
   5(c)  Office of deaf services of the department of health and
6 human rights services or its successor agency.
   7(d)  Office of persons with disabilities of the department of
 8health and human rights services or its successor agency.
   9(2)  An agency designated a voter registration agency
10under this paragraph which provides services to persons with
11disabilities in their homes shall provide voter registration
12services at the clients’ homes.
   13c.  Other federal and state agencies designated to provide
14voter registration services include, but are not limited to,
15the United States armed forces recruiting offices.
16   Sec. 46.  Section 48A.31, Code 2023, is amended to read as
17follows:
   1848A.31  Deceased persons record.
   19The state registrar of vital statistics shall transmit
20or cause to be transmitted to the state registrar of voters,
21once each calendar quarter, a certified list of all persons
22seventeen years of age and older in the state whose deaths have
23been reported to the bureau state registrar of vital records
24of the Iowa department of public health
 statistics since the
25previous list of decedents was certified to the state registrar
26of voters. The list shall be submitted according to the
27specifications of the state registrar of voters and shall be
28transmitted to the state registrar of voters without charge
29for production or transmission. The commissioner shall, in
30the month following the end of a calendar quarter, run the
31statewide voter registration system’s matching program to
32determine whether a listed decedent was registered to vote in
33the county and shall immediately cancel the registration of any
34person named on the list of decedents.
35   Sec. 47.  Section 68B.2, subsection 23, Code 2023, is amended
-28-1to read as follows:
   223.  “Regulatory agency” means the department of agriculture
3and land stewardship, department of workforce development,
4department of commerce, Iowa department of public health,
5 department of public safety, department of education, state
6board of regents, department of health and human services,
7department of revenue, department of inspections and appeals,
8department of administrative services, public employment
9relations board, state department of transportation, civil
10rights commission, department of public defense, department of
11homeland security and emergency management, Iowa ethics and
12campaign disclosure board, and department of natural resources.
13   Sec. 48.  Section 80.9B, subsections 3 and 7, Code 2023, are
14amended to read as follows:
   153.  The provisions of chapter 141A also do not apply to
16the transmission of the same information from either or
17both information systems to employees of state correctional
18institutions subject to the jurisdiction of the department
19of corrections, employees of secure facilities for juveniles
20subject to the jurisdiction of the department of health and
21 human services, and employees of city and county jails, if
22those employees have direct physical supervision over inmates
23of those facilities or institutions.
   247.  The commissioner shall develop and establish, in
25cooperation with the department of corrections and the
26department of public health and human services, training
27programs and program criteria for persons receiving human
28immunodeficiency virus-related information through the Iowa
29criminal justice information system or the national crime
30information center system.
31   Sec. 49.  Section 80.28, subsection 2, paragraph a,
32subparagraph (6), Code 2023, is amended to read as follows:
   33(6)  One member representing the Iowa department of public
34 health and human services.
35   Sec. 50.  Section 80B.11C, Code 2023, is amended to read as
-29-1follows:
   280B.11C  Public safety telecommunicator training standards.
   3The director of the academy, subject to the approval of
4the council, in consultation with the Iowa state sheriffs’
5and deputies’ association, the Iowa police executive forum,
6the Iowa peace officers association, the Iowa state police
7association, the Iowa professional fire fighters, the Iowa
8emergency medical services association, the joint council of
9Iowa fire service organizations, the Iowa department of public
10safety, the Iowa chapter of the association of public-safety
11communications officials—international, inc., the Iowa chapter
12of the national emergency number association, the department
13of homeland security and emergency management, and the Iowa
14 department of public health and human services, shall adopt
15rules pursuant to chapter 17A establishing minimum standards
16for training of public safety telecommunicators. “Public
17safety telecommunicator”
means a person who serves as a first
18responder by receiving requests for, or by dispatching requests
19to, emergency response agencies which include but are not
20limited to law enforcement, fire, rescue, and emergency medical
21services agencies.
22   Sec. 51.  Section 80E.1, Code 2023, is amended to read as
23follows:
   2480E.1  Drug policy coordinator.
   251.  A drug policy coordinator shall be appointed by the
26governor, subject to confirmation by the senate, and shall
27serve at the pleasure of the governor. The governor shall fill
28a vacancy in the office in the same manner as the original
29appointment was made. The coordinator shall be selected
30primarily for administrative ability. The coordinator shall
31not be selected on the basis of political affiliation and shall
32not engage in political activity while holding the office. The
33salary of the coordinator shall be fixed by the governor.
   342.  The coordinator shall:
   35a.  Direct the governor’s office of drug control policy,
-30-1and coordinate and monitor all statewide drug enforcement
2efforts, coordinate and monitor all state and federal substance
3use disorder treatment grants and programs, coordinate and
4monitor all statewide substance abuse use disorder prevention
5and education programs in communities and schools, and engage
6in such other related activities as required by law. The
7coordinator shall work in coordinating the efforts of the
8department of corrections, the department of education, the
9Iowa department of public health,
the department of public
10safety, and the department of health and human services. The
11coordinator shall assist in the development and implementation
12of local and community strategies to fight substance abuse
13
 use disorder, including local law enforcement, education, and
14treatment activities.
   15b.  Submit an annual report to the governor and general
16assembly by November 1 of each year concerning the activities
17and programs of the coordinator and other departments related
18to drug enforcement, substance use disorder treatment programs,
19and substance abuse use disorder prevention and education
20programs. The report shall include an assessment of needs with
21respect to programs related to substance use disorder treatment
22and drug enforcement.
   23c.  Submit an advisory budget recommendation to the governor
24and general assembly concerning enforcement programs, treatment
25programs, and education programs related to drugs within the
26various departments. The coordinator shall work with these
27departments in developing the departmental budget requests to
28be submitted to the legislative services agency and the general
29assembly.
   303.  The governor’s office of drug control policy shall be
31an independent office, located at the same location as the
32department of public safety. Administrative support services
33may be provided to the governor’s office of drug control policy
34by the department of public safety.
35   Sec. 52.  Section 80E.2, Code 2023, is amended to read as
-31-1follows:
   280E.2  Drug policy advisory council — membership — duties.
   31.  An Iowa drug policy advisory council is established which
4shall consist of the following seventeen members:
   5a.  The drug policy coordinator, who shall serve as
6chairperson of the council.
   7b.  The director of the department of corrections, or the
8director’s designee.
   9c.  The director of the department of education, or the
10director’s designee.
   11d.  The director of the department of public health and human
12services
, or the director’s designee.
   13e.  The commissioner of public safety, or the commissioner’s
14designee.
   15f.  The director of the department of human services, or the
16director’s designee.
   17g.  The director of the division of criminal and juvenile
18justice planning in the department of human rights, or the
19division director’s designee.
   20h.    f.  The state public defender, or the state public
21defender’s designee.
   22i.    g.  A prosecuting attorney.
   23j.    h.  A certified alcohol and drug counselor.
   24k.    i.  A certified substance abuse use disorder prevention
25specialist.
   26l.    j.  A substance use disorder treatment program director.
   27m.    k.  A justice of the Iowa supreme court, or judge, as
28designated by the chief justice of the supreme court.
   29n.    l.  A member representing the Iowa peace officers
30association.
   31o.    m.  A member representing the Iowa state police
32association.
   33p.    n.  A member representing the Iowa state sheriffs’ and
34deputies’ association.
   35q.    o.  A police chief.
-32-
   12.  The prosecuting attorney, certified alcohol and drug
2counselor, certified substance abuse use disorder prevention
3specialist, substance use disorder treatment program director,
4member representing the Iowa peace officers association,
5member representing the Iowa state police association, the
6member representing the Iowa state sheriffs’ and deputies’
7association, and the member who is a police chief shall be
8appointed by the governor, subject to senate confirmation, for
9four-year terms beginning and ending as provided in section
1069.19. A vacancy on the council shall be filled for the
11unexpired term in the same manner as the original appointment
12was made.
   133.  The council shall make policy recommendations to
14the appropriate departments concerning the administration,
15development, and coordination of programs related to substance
16abuse use disorder education, prevention, treatment, and
17enforcement.
   184.  The members of the council shall be reimbursed for actual
19and necessary travel and related expenses incurred in the
20discharge of official duties. Each member of the council may
21also be eligible to receive compensation as provided in section
227E.6.
   235.  The council shall meet at least semiannually throughout
24the year.
   256.  A majority of the members of the council constitutes a
26quorum, and a majority of the total membership of the council
27is necessary to act in any matter within the jurisdiction of
28the council.
29   Sec. 53.  Section 80E.4, Code 2023, is amended to read as
30follows:
   3180E.4  Drug abuse resistance Substance use disorder education
32fund.
   33A drug abuse resistance substance use disorder education
34fund is created as a separate fund in the state treasury under
35the control of the governor’s office of drug control policy
-33-1for use by the drug abuse resistance substance use disorder
2 education program and other programs with a similar purpose.
3The fund shall consist of appropriations made to the fund and
4transfers of interest, moneys collected from the crime services
5surcharge established in section 911.1, and earnings. All
6moneys in the fund are appropriated to the governor’s office of
7drug control policy. Notwithstanding section 8.33, any balance
8in the fund on June 30 of any fiscal year shall not revert to
9any other fund of the state but shall remain available for the
10purposes described in this section.
11   Sec. 54.  Section 84A.1A, subsection 1, paragraph b, Code
122023, is amended to read as follows:
   13b.  The nonvoting members of the Iowa workforce development
14board shall include the following:
   15(1)  One state senator appointed by the minority leader of
16the senate, who shall serve for a term as provided in section
1769.16B.
   18(2)  One state representative appointed by the minority
19leader of the house of representatives, who shall serve for a
20term as provided in section 69.16B.
   21(3)  One president, or the president’s designee, of the
22university of northern Iowa, the university of Iowa, or Iowa
23state university of science and technology, designated by the
24state board of regents on a rotating basis.
   25(4)  One president, or the president’s designee, of an
26independent Iowa college, appointed by the Iowa association of
27independent colleges and universities.
   28(5)  One president or president’s designee, of a community
29college, appointed by the Iowa association of community college
30presidents.
   31(6)  One representative of the economic development
32authority, appointed by the director.
   33(7)  One representative of the department on aging,
34appointed by the director.
   35(8)    (7)  One representative of the department of
-34-1corrections, appointed by the director.
   2(9)    (8)  One representative of the department of health and
3 human services, appointed by the director.
   4(10)    (9)  One representative of the United States department
5of labor, office of apprenticeship.
   6(11)    (10)  One representative from the largest statewide
7public employees’ organization representing state employees.
   8(12)    (11)  One representative of a statewide labor
9organization representing employees in the construction
10industry.
   11(13)    (12)  One representative of a statewide labor
12organization representing employees in the manufacturing
13industry.
14   Sec. 55.  Section 84A.6, subsections 2 and 3, Code 2023, are
15amended to read as follows:
   162.  a.  The director of the department of workforce
17development, in cooperation with the department of health
18and
human services, shall provide job placement and training
19to persons referred by the department of health and human
20services under the promoting independence and self-sufficiency
21through employment job opportunities and basic skills program
22established pursuant to chapter 239B and the food stamp
23
 supplemental nutrition assistance program employment and
24training program.
   25b.  The department of workforce development, in consultation
26with the department of health and human services, shall develop
27and implement departmental recruitment and employment practices
28that address the needs of former and current participants in
29the family investment program under chapter 239B.
   303.  The director of the department of workforce development,
31in cooperation with the department of health and human
32rights services and the vocational rehabilitation services
33division of the department of education, shall establish a
34program to provide job placement and training to persons with
35disabilities.
-35-
1   Sec. 56.  Section 84A.9, Code 2023, is amended to read as
2follows:
   384A.9  Statewide mentoring program.
   4A statewide mentoring program is established to recruit,
5screen, train, and match individuals in a mentoring
6relationship. The department of workforce development shall
7administer the program in collaboration with the departments
8of health and human services, and education, and human rights.
9The availability of the program is subject to the funding
10appropriated for the purposes of the program.
11   Sec. 57.  Section 84A.11, subsection 2, Code 2023, is amended
12to read as follows:
   132.  The department of workforce development shall consult
14with the board of nursing, the department of public health
 15and human services, the department of education, and other
16appropriate entities in developing recommendations to determine
17options for additional data collection.
18   Sec. 58.  Section 84B.1, Code 2023, is amended to read as
19follows:
   2084B.1  Workforce development system.
   21The departments of workforce development, education,
 22health and human services, and corrections, the economic
23development authority, the department on aging, the division of
24Iowa vocational rehabilitation services of the department of
25education, and the department for the blind shall collaborate
26where possible under applicable state and federal law to align
27workforce development programs, services, and activities in an
28integrated workforce development system in the state and in
29each local workforce development area that is data driven and
30responsive to the needs of workers, job seekers, and employers.
31The departments, authority, and division shall also jointly
32establish an integrated management information system for
33linking workforce development programs within local workforce
34development systems and in the state.
35   Sec. 59.  Section 84B.2, unnumbered paragraph 1, Code 2023,
-36-1is amended to read as follows:
   2The department of workforce development, in consultation
3with the departments of education, health and human services,
4and corrections, the economic development authority,
5the department on aging, the division of Iowa vocational
6rehabilitation services of the department of education, and
7the department for the blind shall establish guidelines for
8colocating state and federal employment and training programs
9in centers providing services at the local level. The
10centers shall be known as workforce development centers. The
11guidelines shall provide for local design and operation within
12the guidelines. The core services available at a center shall
13include but are not limited to all of the following:
14   Sec. 60.  Section 85.38, subsection 4, Code 2023, is amended
15to read as follows:
   164.  Lien for hospital and medical services under chapter
17249A.
  In the event any hospital or medical services as provided
18in section 85.27 are paid by the state department of health and
19 human services on behalf of an employee who is entitled to such
20benefits under the provisions of this chapter or chapter 85A or
2185B, a lien shall exist as respects the right of such employee
22to benefits as described in section 85.27.
23   Sec. 61.  Section 85.60, Code 2023, is amended to read as
24follows:
   2585.60  Injuries while in work-based learning opportunity,
26employment training, or evaluation.
   27A person participating in a work-based learning opportunity
28referred to in section 85.61, or receiving earnings while
29engaged in employment training or while undergoing an
30employment evaluation under the direction of a rehabilitation
31facility approved for purchase-of-service contracts or for
32referrals by the department of health and human services or the
33department of education, who sustains an injury arising out
34of and in the course of the work-based learning opportunity
35participation, employment training, or employment evaluation
-37-1is entitled to benefits as provided in this chapter, chapter
285A, chapter 85B, and chapter 86. Notwithstanding the minimum
3benefit provisions of this chapter, a person referred to in
4this section and entitled to benefits under this chapter is
5entitled to receive a minimum weekly benefit amount for a
6permanent partial disability under section 85.34, subsection
72, or for a permanent total disability under section 85.34,
8subsection 3, equal to the weekly benefit amount of a person
9whose gross weekly earnings are thirty-five percent of the
10statewide average weekly wage computed pursuant to section 96.3
11and in effect at the time of the injury.
12   Sec. 62.  Section 85.61, subsection 3, paragraph b, Code
132023, is amended to read as follows:
   14b.  A rehabilitation facility approved for
15purchase-of-service contracts or for referrals by the
16department of health and human services or the department of
17education.
18   Sec. 63.  Section 85A.11, subsection 2, Code 2023, is amended
19to read as follows:
   202.  The specimens for the tests required by this section
21must be taken by a licensed practicing physician or osteopathic
22physician, and immediately delivered to the state hygienic
23laboratory of the Iowa department of public health at Iowa
24City
. Each specimen shall be in a container upon which is
25plainly printed the name and address of the subject, the date
26when the specimen was taken, the name and address of the
27subject’s employer, and a certificate by the physician or
28osteopathic physician that the physician took the specimen
29from the named subject on the date stated over the physician’s
30signature and address.
31   Sec. 64.  Section 85A.20, Code 2023, is amended to read as
32follows:
   3385A.20  Investigation.
   34The workers’ compensation commissioner may designate
35the industrial hygiene physician medical director of the
-38-1Iowa department of public health and human services and two
2physicians selected by the dean of the university of Iowa
3college of medicine, from the staff of the college, who shall
4be qualified to diagnose and report on occupational diseases.
5For the purpose of investigating occupational diseases, the
6physicians shall have the use, without charge, of all necessary
7laboratory and other facilities of the university of Iowa
8college of medicine and of the university hospital at the state
9university of Iowa, and of the Iowa department of public health
 10and human services in performing the physicians’ duties.
11   Sec. 65.  Section 89.4, subsection 1, paragraph h, Code 2023,
12is amended to read as follows:
   13h.  Hot water heating boilers used for heating pools or spas
14regulated by the department of public health and human services
15 pursuant to chapter 135I.
16   Sec. 66.  Section 89B.17, subsection 1, unnumbered paragraph
171, Code 2023, is amended to read as follows:
   18The director of public health and human services, the labor
19commissioner, and the director of the department of natural
20resources or the director’s designee under written signatures
21of all these parties may recommend any of the following
22actions:
23   Sec. 67.  Section 91C.1, Code 2023, is amended to read as
24follows:
   2591C.1  Definition — exemption — combined registration and
26licensing process for plumbers and mechanical professionals.
   271.  As used in this chapter, unless the context otherwise
28requires, “contractor” means a person who engages in the
29business of construction, as the term “construction” is defined
30in the Iowa administrative code for purposes of the Iowa
31employment security law. However, a person who earns less than
32two thousand dollars annually or who performs work or has work
33performed on the person’s own property is not a contractor for
34purposes of this chapter. The state, its boards, commissions,
35agencies, departments, and its political subdivisions including
-39-1school districts and other special purpose districts, are not
2contractors for purposes of this chapter.
   32.  If a contractor’s registration application shows that
4the contractor is self-employed, does not pay more than two
5thousand dollars annually to employ other persons in the
6business, and does not work with or for other contractors in
7the same phases of construction, the contractor is exempt from
8the fee requirements under this chapter.
   93.  a.  The labor services division of the department of
10workforce development and the Iowa department of public health
 11and human services will work with stakeholders to develop a
12plan to combine the contractor registration and contractor
13licensing application process for contractors licensed under
14chapter 105, to be implemented in time for licensing renewals
15due July 1, 2017
. Effective July 1, 2017, a A contractor
16licensed under chapter 105 shall register as a contractor under
17this chapter in conjunction with the contractor licensing
18process. At no cost to the labor services division, the
19department of public health and human services shall collect
20both the registration and licensing applications as part of one
21combined application. The labor commissioner shall design the
22contractor registration application form to exclude from the
23division of labor services’ contractor registration application
24process those contractors who are also covered by chapter
25105. The labor commissioner is authorized to may adopt rules
26as needed to accomplish a merger of the application systems
27including transitional registration periods and fees.
   28b.  Effective July 1, 2017, excluding Excluding registrations
29by contractors that are exempt from the registration fee
30pursuant to this section, the department of public health and
31human services
shall collect and transfer to the labor services
32division a portion of each contractor license fee equal to
33three times the contractor registration fee for each three-year
34license or a prorated portion thereof of the registration fee
35 using a one-sixth deduction for each six-month period of the
-40-1renewal cycle.
2   Sec. 68.  Section 92.17, subsection 3, Code 2023, is amended
3to read as follows:
   43.  A child from working in any occupation or business
5operated by the child’s parents. For the purposes of this
6subsection, “child” and “parents” include a foster child and the
7child’s foster parents who are licensed by the department of
 8health and human services.
9   Sec. 69.  Section 96.3, subsections 9 and 11, Code 2023, are
10amended to read as follows:
   119.  Child support intercept.
   12a.  An individual filing a claim for benefits under section
1396.6, subsection 1, shall, at the time of filing, disclose
14whether the individual owes a child support obligation which
15is being enforced by the child support recovery unit services
16 established in section 252B.2. If an individual discloses that
17such a child support obligation is owed and the individual is
18determined to be eligible for benefits under this chapter,
19the department shall notify the child support recovery unit
20
 services of the individual’s disclosure and deduct and withhold
21from benefits payable to the individual the amount specified
22by the individual.
   23b.  However, if the child support recovery unit services
24 and an individual owing a child support obligation reach an
25agreement to have specified amounts deducted and withheld from
26the individual’s benefits and the child support recovery unit
27
 services submits a copy of the agreement to the department, the
28department shall deduct and withhold the specified amounts.
   29c.  (1)  However, if the department is notified of income
30withholding by the child support recovery unit services under
31chapter 252D or section 598.22 or 598.23 or if income is
32garnisheed by the child support recovery unit services under
33chapter 642 and an individual’s benefits are condemned to the
34satisfaction of the child support obligation being enforced by
35the child support recovery unit services, the department shall
-41-1deduct and withhold from the individual’s benefits that amount
2required through legal process.
   3(2)  Notwithstanding section 642.2, subsections 2, 3,
46, and 7, which restrict garnishments under chapter 642 to
5wages of public employees, the department may be garnisheed
6under chapter 642 by the child support recovery unit services
7 established in section 252B.2, pursuant to a judgment for child
8support against an individual eligible for benefits under this
9chapter.
   10(3)  Notwithstanding section 96.15, benefits under this
11chapter are not exempt from income withholding, garnishment,
12attachment, or execution if withheld for or garnisheed by the
13 child support recovery unit services, established in section
14252B.2, or if an income withholding order or notice of the
15income withholding order under section 598.22 or 598.23 is
16being enforced by the child support recovery unit services to
17satisfy the child support obligation of an individual who is
18eligible for benefits under this chapter.
   19d.  An amount deducted and withheld under paragraph “a”, “b”,
20or “c” shall be paid by the department to the child support
21recovery unit services, and shall be treated as if it were paid
22to the individual as benefits under this chapter and as if it
23were paid by the individual to the child support recovery unit
24
 services in satisfaction of the individual’s child support
25obligations.
   26e.  If an agreement for reimbursement has been made, the
27department shall be reimbursed by the child support recovery
28unit
 services for the administrative costs incurred by the
29department under this section which are attributable to the
30enforcement of child support obligations by the child support
31recovery unit services.
   3211.  Overissuance of food stamp supplemental nutrition
33assistance program
benefits.
  The department shall collect any
34overissuance of food stamp supplemental nutrition assistance
35program
benefits by offsetting the amount of the overissuance
-42-1from the benefits payable under this chapter to the individual.
2This subsection shall only apply if the department is
3reimbursed under an agreement with the department of health and
4 human services for administrative costs incurred in recouping
5the overissuance. The provisions of section 96.15 do not apply
6to this subsection.
7   Sec. 70.  Section 97B.49B, subsection 1, paragraph e,
8subparagraph (16), Code 2023, is amended to read as follows:
   9(16)  A person employed by the department of health and
10 human services as a psychiatric security specialist at a civil
11commitment unit for sexually violent offenders facility.
12   Sec. 71.  Section 99D.7, subsections 22 and 23, Code 2023,
13are amended to read as follows:
   1422.  To cooperate with the gambling treatment program
15administered by the Iowa department of public health and human
16services
to incorporate information regarding the gambling
17treatment program and its toll-free telephone number in printed
18materials distributed by the commission. The commission may
19require licensees to have the information available in a
20conspicuous place as a condition of licensure.
   2123.  To establish a process to allow a person to be
22voluntarily excluded from advance deposit wagering as defined
23in section 99D.11, from an internet fantasy sports contest as
24defined in section 99E.1, from advance deposit sports wagering
25as defined in section 99F.9, and from the wagering area of
26a racetrack enclosure, from the gaming floor, and from the
27sports wagering area, as defined in section 99F.1, of all
28other licensed facilities under this chapter and chapter 99F
29as provided in this subsection. The process shall provide
30that an initial request by a person to be voluntarily excluded
31shall be for a period of five years or life and any subsequent
32request following any five-year period shall be for a period of
33five years or life. The process established shall require that
34licensees be provided electronic access to names and social
35security numbers of persons voluntarily excluded through a
-43-1secured interactive internet site maintained by the commission
2and information regarding persons voluntarily excluded shall
3be disseminated to all licensees under this chapter, chapter
499E, and chapter 99F. The names, social security numbers, and
5information regarding persons voluntarily excluded shall be
6kept confidential unless otherwise ordered by a court or by
7another person duly authorized to release such information.
8The process established shall also require a person requesting
9to be voluntarily excluded be provided information compiled
10by the Iowa department of public health and human services
11 on gambling treatment options. The state and any licensee
12under this chapter, chapter 99E, or chapter 99F shall not be
13liable to any person for any claim which may arise from this
14process. In addition to any other penalty provided by law, any
15money or thing of value that has been obtained by, or is owed
16to, a voluntarily excluded person as a result of wagers made
17by the person after the person has been voluntarily excluded
18shall be forfeited by the person and shall be credited to the
19general fund of the state. The commission shall not initiate
20any administrative action or impose penalties on a licensee who
21voluntarily reports to the commission activity described in
22section 99D.24, subsection 4, paragraph “c”.
23   Sec. 72.  Section 99D.9, subsection 6, paragraph b, Code
242023, is amended to read as follows:
   25b.  A licensee shall not permit a financial institution,
26vendor, or other person to dispense cash or credit through an
27electronic or mechanical device including but not limited to a
28satellite terminal as defined in section 527.2, that is located
29in the wagering area. However, this paragraph shall not apply
30to cashless wagering systems where a person accesses a cash
31account through a mobile application used by the licensee
32to conduct cashless wagering. The mobile application shall
33include the statewide telephone number authorized by the Iowa
34 department of public health and human services to provide
35problem gambling information and extensive responsible gaming
-44-1features in addition to those described in section 99D.7,
2subsection 23.
3   Sec. 73.  Section 99E.5, subsection 2, paragraph d, Code
42023, is amended to read as follows:
   5d.  Include on the internet site or mobile application used
6by the licensee to conduct internet fantasy sports contests the
7statewide telephone number authorized by the Iowa department of
8public health and human services to provide problem gambling
9information and extensive responsible gaming features in
10addition to those described in section 99F.4, subsection 22.
11   Sec. 74.  Section 99F.4, subsection 22, Code 2023, is amended
12to read as follows:
   1322.  To establish a process to allow a person to be
14voluntarily excluded from advance deposit wagering as defined
15in section 99D.11, from an internet fantasy sports contest
16as defined in section 99E.1, from advance deposit sports
17wagering as defined in section 99F.9, from the gaming floor
18and sports wagering area of an excursion gambling boat, from
19the wagering area, as defined in section 99D.2, and from the
20gaming floor and sports wagering area of all other licensed
21facilities under this chapter and chapter 99D as provided in
22this subsection. The process shall provide that an initial
23request by a person to be voluntarily excluded shall be for
24a period of five years or life and any subsequent request
25following any five-year period shall be for a period of five
26years or life. The process established shall require that
27licensees be provided electronic access to names and social
28security numbers of persons voluntarily excluded through a
29secured interactive internet site maintained by the commission
30and information regarding persons voluntarily excluded shall
31be disseminated to all licensees under this chapter, chapter
3299D, and chapter 99E. The names, social security numbers, and
33information regarding persons voluntarily excluded shall be
34kept confidential unless otherwise ordered by a court or by
35another person duly authorized to release such information.
-45-1The process established shall also require a person requesting
2to be voluntarily excluded be provided information compiled
3by the Iowa department of public health and human services
4 on gambling treatment options. The state and any licensee
5under this chapter, chapter 99D, or chapter 99E shall not be
6liable to any person for any claim which may arise from this
7process. In addition to any other penalty provided by law, any
8money or thing of value that has been obtained by, or is owed
9to, a voluntarily excluded person as a result of wagers made
10by the person after the person has been voluntarily excluded
11shall be forfeited by the person and shall be credited to the
12general fund of the state. The commission shall not initiate
13any administrative action or impose penalties on a licensee who
14voluntarily reports to the commission activity described in
15section 99F.15, subsection 4, paragraph “n”.
16   Sec. 75.  Section 99F.7, subsection 10, paragraph b, Code
172023, is amended to read as follows:
   18b.  A licensee shall not permit a financial institution,
19vendor, or other person to dispense cash or credit through an
20electronic or mechanical device including but not limited to
21a satellite terminal, as defined in section 527.2, that is
22located on the gaming floor. However, this paragraph shall not
23apply to cashless wagering systems where a person accesses a
24cash account through a mobile application used by the licensee
25to conduct cashless wagering. The mobile application shall
26include the statewide telephone number authorized by the Iowa
27 department of public health and human services to provide
28problem gambling information and extensive responsible gaming
29features in addition to those described in section 99F.4,
30subsection 22.
31   Sec. 76.  Section 99F.7A, subsection 2, paragraph a, Code
322023, is amended to read as follows:
   33a.  Include on the internet site or mobile application used
34by the licensee to conduct advance deposit sports wagering as
35authorized in section 99F.9 the statewide telephone number
-46-1authorized by the Iowa department of public health and human
2services
to provide problem gambling information and extensive
3responsible gaming features in addition to those described in
4section 99F.4, subsection 22.
5   Sec. 77.  Section 99G.42, Code 2023, is amended to read as
6follows:
   799G.42  Compulsive gamblers — treatment program information.
   8The authority shall cooperate with the gambling treatment
9program administered by the Iowa department of public health
 10and human services to incorporate information regarding the
11gambling treatment program and its toll-free telephone number
12in printed materials distributed by the authority.
13   Sec. 78.  Section 100C.1, subsection 1, Code 2023, is amended
14to read as follows:
   151.  “Alarm system” means a system or portion of a combination
16system that consists of components and circuits arranged to
17monitor and annunciate the status of a fire alarm, security
18alarm, or nurse call or supervisory signal-initiating devices
19and to initiate the appropriate response to those signals,
20but does not mean any such security system or portion of a
21combination system installed in a prison, jail, or detention
22facility owned by the state, a political subdivision of the
23state, the department of health and human services, or the Iowa
24veterans home.
25   Sec. 79.  Section 101C.3, subsection 1, Code 2023, is amended
26to read as follows:
   271.  The Iowa propane education and research council is
28established. The council shall consist of ten voting members,
29nine of whom represent retail propane marketers and one of whom
30shall be the administrator of the division of a representative
31of the department of health and human services responsible
32for
community action agencies of the department of human
33rights
. Members of the council other than the administrator
34
 representing retail propane marketers shall be appointed by the
35fire marshal from a list of nominees submitted by qualified
-47-1propane industry organizations by December 15 of each year. A
2vacancy in the unfinished term of a council member shall be
3filled for the remainder of the term in the same manner as the
4original appointment was made. Other than the administrator,
5council
 Council members representing retail propane marketers
6 shall be full-time employees or owners of a propane industry
7business or representatives of an agricultural cooperative
8actively engaged in the propane industry. An employee of a
9qualified propane industry organization shall not serve as a
10member of the council. An officer of the board of directors of
11a qualified propane industry organization or propane industry
12trade association shall not serve concurrently as a member of
13the council. The fire marshal or a designee may serve as an ex
14officio, nonvoting member of the council.
15   Sec. 80.  Section 105.2, subsection 4, Code 2023, is amended
16to read as follows:
   174.  “Department” means the Iowa department of public health
 18and human services.
19   Sec. 81.  Section 105.2, Code 2023, is amended by adding the
20following new subsection:
21   NEW SUBSECTION.  4A.  “Director” means the director of health
22and human services.
23   Sec. 82.  Section 105.3, subsection 1, Code 2023, is amended
24to read as follows:
   251.  A plumbing and mechanical systems board is created within
26the Iowa department of public health.
27   Sec. 83.  Section 105.3, subsection 2, paragraph a,
28subparagraph (1), Code 2023, is amended to read as follows:
   29(1)  The director of public health or the director’s
30designee.
31   Sec. 84.  Section 105.12, subsection 1, Code 2023, is amended
32to read as follows:
   331.  A contracting, plumbing, mechanical, HVAC-refrigeration,
34sheet metal, or hydronic license shall be in the form of a
35certificate under the seal of the department, signed by the
-48-1director of public health, and shall be issued in the name of
2the board. The license number shall be noted on the face of the
3license.
4   Sec. 85.  Section 123.17, Code 2023, is amended to read as
5follows:
   6123.17  Beer and liquor control fund — allocations to
7substance abuse use disorder programs — use of civil penalties.
   81.  There shall be established within the office of
9the treasurer of state a fund to be known as the beer and
10liquor control fund. The fund shall consist of any moneys
11appropriated by the general assembly for deposit in the fund
12and moneys received from the sale of alcoholic liquors by the
13division, from the issuance of permits and licenses, and of
14moneys and receipts received by the division from any other
15source.
   162.  a.  The director of the department of administrative
17services shall periodically transfer from the beer and liquor
18control fund to the general fund of the state those revenues
19of the division which are not necessary for the purchase of
20liquor for resale by the division, or for remittances to local
21authorities or other sources as required by this chapter, or
22for other obligations and expenses of the division which are
23paid from such fund.
   24b.  All moneys received by the division from the issuance of
25vintner’s certificates of compliance and wine permits shall be
26transferred by the director of the department of administrative
27services to the general fund of the state.
   283.  Notwithstanding subsection 2, if gaming revenues under
29sections 99D.17 and 99F.11 are insufficient in a fiscal year to
30meet the total amount of such revenues directed to be deposited
31in the revenue bonds debt service fund and the revenue bonds
32federal subsidy holdback fund during the fiscal year pursuant
33to section 8.57, subsection 5, paragraph “e”, the difference
34shall be paid from moneys deposited in the beer and liquor
35control fund prior to transfer of such moneys to the general
-49-1fund pursuant to subsection 2 and prior to the transfer of such
2moneys pursuant to subsections 5 and 6. If moneys deposited in
3the beer and liquor control fund are insufficient during the
4fiscal year to pay the difference, the remaining difference
5shall be paid from moneys deposited in the beer and liquor
6control fund in subsequent fiscal years as such moneys become
7available.
   84.  The treasurer of state shall, each quarter, prepare
9an estimate of the gaming revenues and of the moneys to be
10deposited in the beer and liquor control fund that will become
11available during the remainder of the appropriate fiscal year
12for the purposes described in subsection 3. The department
13of management, the department of inspections and appeals, and
14the department of commerce shall take appropriate actions to
15provide that the sum of the amount of gaming revenues available
16to be deposited into the revenue bonds debt service fund and
17the revenue bonds federal subsidy holdback fund during a fiscal
18year and the amount of moneys to be deposited in the beer and
19liquor control fund available to be deposited into the revenue
20bonds debt service fund and the revenue bonds federal subsidy
21holdback fund during such fiscal year will be sufficient to
22cover any anticipated deficiencies.
   235.  After any transfer provided for in subsection 3 is
24made, the department of commerce shall transfer into a special
25revenue account in the general fund of the state, a sum of
26money at least equal to seven percent of the gross amount of
27sales made by the division from the beer and liquor control
28fund on a monthly basis but not less than nine million dollars
29annually. Of the amounts transferred, two million dollars,
30plus an additional amount determined by the general assembly,
31shall be appropriated to the Iowa department of public health
 32and human services for use by the staff who administer the
33comprehensive substance abuse use disorder program under
34chapter 125 for substance abuse use disorder treatment and
35prevention programs. Any amounts received in excess of the
-50-1amounts appropriated to the Iowa department of public health
 2and human services for use by the staff who administer the
3comprehensive substance abuse use disorder program under
4chapter 125 shall be considered part of the general fund
5balance.
   66.  After any transfers provided for in subsections 3 and 5,
7the department of commerce shall transfer to the division from
8the beer and liquor control fund and before any other transfer
9to the general fund, an amount sufficient to pay the costs
10incurred by the division for collecting and properly disposing
11of the liquor containers.
   127.  After any transfers provided for in subsections 3, 5,
13and 6, and before any other transfer to the general fund,
14the department of commerce shall transfer to the economic
15development authority from the beer and liquor control fund
16two million dollars annually for statewide tourism marketing
17services and efforts pursuant to section 15.275.
   188.  After any transfers provided for in subsections 3, 5,
196, and 7, and before any other transfer to the general fund,
20the department of commerce shall transfer from the beer and
21liquor control fund one million dollars to the Iowa department
22of public health and human services for distribution pursuant
23to section 125.59.
   249.  Civil penalties imposed and collected by the division
25shall be credited to the general fund of the state. The
26moneys from the civil penalties shall be used by the division,
27subject to appropriation by the general assembly, for the
28purposes of providing educational programs, information and
29publications for alcoholic beverage licensees and permittees,
30local authorities, and law enforcement agencies regarding the
31laws and rules which govern the alcoholic beverages industry,
32and for promoting compliance with alcoholic beverage laws and
33rules.
34   Sec. 86.  Section 123.47, subsection 4, paragraph a,
35subparagraph (2), Code 2023, is amended to read as follows:
-51-   1(2)  A second offense shall be a simple misdemeanor
2punishable by a fine of five hundred dollars. In addition to
3any other applicable penalty, the person in violation of this
4section shall choose between either completing a substance
5abuse use disorder evaluation or the suspension of the person’s
6motor vehicle operating privileges for a period not to exceed
7one year.
8   Sec. 87.  Section 124.409, subsection 1, Code 2023, is
9amended to read as follows:
   101.  Whenever the court finds that a person who is charged
11with a violation of section 124.401 and who consents thereto,
12or who has entered a plea of guilty to or been found guilty of
13a violation of that section, is addicted to, dependent upon,
14or a chronic abuser user of any controlled substance and that
15such person will be aided by proper medical treatment and
16rehabilitative services, the court may order that the person
17be committed as an in-patient or out-patient to a facility
18licensed by the Iowa department of public health and human
19services
for medical treatment and rehabilitative services.
20   Sec. 88.  Section 124.504, subsection 3, Code 2023, is
21amended to read as follows:
   223.  A practitioner engaged in medical practice or research
23or the Iowa drug abuse substance use disorder authority or
24any program which is licensed by the authority shall not be
25required to furnish the name or identity of a patient or
26research subject to the board or the department, nor shall the
27practitioner or the authority or any program which is licensed
28by the authority be compelled in any state or local civil,
29criminal, administrative, legislative or other proceedings
30to furnish the name or identity of an individual that the
31practitioner or the authority or any of its licensed programs
32is obligated to keep confidential.
33   Sec. 89.  Section 124.551, subsection 2, paragraph a,
34unnumbered paragraph 1, Code 2023, is amended to read as
35follows:
-52-   1The program shall collect from pharmacies dispensing
2information for controlled substances identified pursuant
3to section 124.554, subsection 1, paragraph “g”, and from
4first responders as defined in section 147A.1, subsection
57, with the exception of emergency medical care providers
6as defined in section 147A.1, subsection 4, administration
7information for opioid antagonists. The department of public
8 health and human services shall provide information for the
9administration of opioid antagonists to the board as prescribed
10by rule for emergency medical care providers as defined in
11section 147A.1, subsection 4. The board shall adopt rules
12requiring the following information to be provided regarding
13the administration of opioid antagonists:
14   Sec. 90.  Section 124.556, Code 2023, is amended to read as
15follows:
   16124.556  Education and treatment.
   17The program shall include education initiatives and outreach
18to consumers, prescribing practitioners, and pharmacists, and
19shall also include assistance for identifying substance abuse
20
 use disorder treatment programs and providers. The program
21shall also include educational updates and information on
22general patient risk factors for prescribing practitioners.
23The board and advisory council shall adopt rules, as provided
24under section 124.554, to implement this section.
25   Sec. 91.  Section 124E.2, subsections 3 and 8, Code 2023, are
26amended to read as follows:
   273.  “Department” means the department of public health and
28human services
.
   298.  “Laboratory” means the state hygienic laboratory
30at the university of Iowa in Iowa City or any other
31independent medical cannabidiol testing facility accredited
32to standard ISO/IEC 17025 by an international organization
33for standards-approved accrediting body, with a controlled
34substance registration certificate from the United States drug
35enforcement administration and a certificate of registration
-53-1from the board of pharmacy. For the purposes of this chapter,
2an independent laboratory is a laboratory operated by an
3entity that has no equity ownership in a medical cannabidiol
4manufacturer.
5   Sec. 92.  Section 124E.6, subsection 4, Code 2023, is amended
6to read as follows:
   74.  A medical cannabidiol manufacturer shall contract with
8a laboratory to perform spot-check testing of the medical
9cannabidiol produced by the medical cannabidiol manufacturer
10as provided in section 124E.7. The department shall require
11that the laboratory report testing results to the medical
12cannabidiol manufacturer and the department as determined by
13the department by rule. If a medical cannabidiol manufacturer
14contracts with a laboratory other than the state hygienic
15laboratory at the university of Iowa in Iowa City, the
16department shall approve the laboratory to perform testing
17pursuant to this chapter.
18   Sec. 93.  Section 124E.14, Code 2023, is amended to read as
19follows:
   20124E.14  Out-of-state medical cannabidiol dispensaries.
   21The department of public health shall utilize a request for
22proposals process to select and license by December 1, 2017,
23up to two out-of-state medical cannabidiol dispensaries from a
24bordering state to sell and dispense medical cannabidiol to a
25patient or primary caregiver in possession of a valid medical
26cannabidiol registration card issued under this chapter.
27   Sec. 94.  Section 125.1, Code 2023, is amended to read as
28follows:
   29125.1  Declaration of policy.
   30It is the policy of this state:
   311.  That persons with substance-related disorders a
32substance use disorder
be afforded the opportunity to
33receive quality treatment and directed into rehabilitation
34services which will help them resume a socially acceptable and
35productive role in society.
-54-
   12.  To encourage substance abuse use disorder education
2and prevention efforts and to insure that such efforts are
3coordinated to provide a high quality of services without
4unnecessary duplication.
   53.  To insure that substance abuse use disorder programs
6are being operated by individuals who are qualified in their
7field whether through formal education or through employment
8or personal experience.
9   Sec. 95.  Section 125.2, Code 2023, is amended to read as
10follows:
   11125.2  Definitions.
   12For purposes of this chapter, unless the context clearly
13indicates otherwise:
   141.  “Board” means the state board of health created pursuant
15to chapter 136.
   162.    1.  “Chemical substance” means alcohol, wine, spirits,
17and beer as defined in chapter 123 and controlled substances
18as defined in section 124.101.
   193.    2.  “Chief medical officer” means the medical director
20in charge of a public or private hospital, or the director’s
21physician-designee. This chapter does not negate the
22authority otherwise reposed by chapter 226 in the respective
23superintendents of the state mental health institutes to make
24decisions regarding the appropriateness of admissions or
25discharges of patients of those institutes, however, it is
26the intent of this chapter that a superintendent who is not a
27licensed physician shall be guided in these decisions by the
28chief medical officer of the institute.
   294.    3.  “Clerk” means the clerk of the district court.
   304.  “Council” means the council on health and human services.
   315.  “County of residence” means the same as defined in
32section 331.394.
   336.  “Department” means the Iowa department of public health
 34and human services.
   357.  “Director” means the director of the Iowa department of
-55-1public
health and human services.
   28.  “Facility” means an institution, a detoxification center,
3or an installation providing care, maintenance and treatment
4for persons with substance-related disorders a substance use
5disorder
licensed by the department under section 125.13,
6hospitals licensed under chapter 135B, or the state mental
7health institutes designated by chapter 226.
   89.  “Incapacitated by a chemical substance” means that a
9person, as a result of the use of a chemical substance, is
10unconscious or has the person’s judgment otherwise so impaired
11that the person is incapable of realizing and making a rational
12decision with respect to the need for treatment.
   1310.  “Incompetent person” means a person who has been
14adjudged incompetent by a court of law.
   1511.  “Interested person” means a person who, in the
16discretion of the court, is legitimately concerned that a
17respondent receive substance abuse use disorder treatment
18services.
   1912.  “Magistrate” means the same as defined in section 801.4,
20subsection 10.
   2113.  “Mental health professional” means the same as defined
22in section 228.1.
   2314.  “Psychiatric advanced registered nurse practitioner”
24means an individual currently licensed as a registered nurse
25under chapter 152 or 152E who holds a national certification in
26psychiatric mental health care and who is licensed by the board
27of nursing as an advanced registered nurse practitioner.
   2815.  “Respondent” means a person against whom an application
29is filed under section 125.75.
   3016.  “Substance-related disorder” “Substance use disorder”
31 means a diagnosable substance abuse disorder of sufficient
32duration to meet diagnostic criteria specified within the most
33current diagnostic and statistical manual of mental disorders
34published by the American psychiatric association that results
35in a functional impairment.
-56-
1   Sec. 96.  Section 125.3, Code 2023, is amended to read as
2follows:
   3125.3  Substance abuse use disorder program established.
   4The Iowa department of public health shall develop,
5implement, and administer a comprehensive substance abuse use
6disorder
program pursuant to sections 125.1 and 125.2, this
7section, and sections 125.7, 125.9, 125.10, 125.12 through
8125.21, 125.25, 125.32 through 125.34, and 125.37 through
9125.43.
10   Sec. 97.  Section 125.7, Code 2023, is amended to read as
11follows:
   12125.7  Duties of the board council.
   13The board council shall:
   141.  Approve the comprehensive substance abuse use disorder
15 program, developed by the department pursuant to sections 125.1
16through 125.3, this section, and sections 125.9, 125.10, 125.12
17through 125.21, 125.25, 125.32 through 125.34, and 125.37
18through 125.43.
   192.  Advise the department on policies governing the
20performance of the department in the discharge of any duties
21imposed on the department by law.
   223.  Advise or make recommendations to the governor and the
23general assembly relative to substance abuse use disorder
24 treatment, intervention, education, and prevention programs in
25this state.
   264.  Adopt rules for subsections 1 and 6 and review other
27rules necessary to carry out the provisions of this chapter,
28subject to review in accordance with chapter 17A.
   295.  Investigate the work of the department relating to
30substance abuse use disorder, and for this purpose the board
31
 council shall have access at any time to all books, papers,
32documents, and records of the department.
   336.  Consider and approve or disapprove all applications
34for a license and all cases involving the renewal, denial,
35suspension, or revocation of a license.
-57-
   17.  Act as the appeal board regarding funding decisions made
2by the department.
3   Sec. 98.  Section 125.9, subsections 1, 2, 4, 5, and 6, Code
42023, are amended to read as follows:
   51.  Plan, establish and maintain treatment, intervention,
6education, and prevention programs as necessary or desirable in
7accordance with the comprehensive substance abuse use disorder
8 program.
   92.  Make contracts necessary or incidental to the
10performance of the duties and the execution of the powers
11of the director, including contracts with public and
12private agencies, organizations and individuals to pay
13them for services rendered or furnished to persons with
14substance-related disorders a substance use disorder.
   154.  Coordinate the activities of the department and
16cooperate with substance abuse use disorder programs in
17this and other states, and make contracts and other joint or
18cooperative arrangements with state, local or private agencies
19in this and other states for the treatment of persons with
20substance-related disorders a substance use disorder and
21for the common advancement of substance abuse use disorder
22 programs.
   235.  Require that a written report, in reasonable detail, be
24submitted to the director at any time by any agency of this
25state or of any of its political subdivisions in respect to any
26substance abuse use disorder prevention function, or program
27for the benefit of persons who are or have been involved in
28substance abuse use disorder, which is being conducted by the
29agency.
   306.  Submit to the governor a written report of the
31pertinent facts at any time the director concludes that any
32agency of this state or of any of its political subdivisions
33is conducting any substance abuse use disorder prevention
34function, or program for the benefit of persons who are or have
35been involved in substance abuse use disorder in a manner not
-58-1consistent with or which impairs achievement of the objectives
2of the state plan to combat substance abuse use disorder, and
3has failed to effect appropriate changes in the function or
4program.
5   Sec. 99.  Section 125.10, Code 2023, is amended to read as
6follows:
   7125.10  Duties of director.
   8The director shall:
   91.  Prepare and submit a state plan subject to approval by
10the board council and in accordance with 42 U.S.C. §300x-21 et
11seq. The state plan shall designate the department as the sole
12agency for supervising the administration of the plan.
   132.  Develop, encourage, and foster statewide, regional,
14and local plans and programs for the prevention of substance
15misuse use disorder and the treatment of persons with
16substance-related disorders a substance use disorder in
17cooperation with public and private agencies, organizations and
18individuals, and provide technical assistance and consultation
19services for these purposes.
   203.  Coordinate the efforts and enlist the assistance of all
21public and private agencies, organizations, and individuals
22interested in the prevention of substance misuse use disorder
23 and the treatment of persons with substance-related disorders a
24substance use disorder
. The director’s actions to implement
25this subsection shall also address the treatment needs of
26persons who have a mental illness, an intellectual disability,
27brain injury, or other co-occurring condition in addition to a
28substance-related substance use disorder.
   294.  Cooperate with the department of human services and
30the Iowa department of public health
in establishing and
31conducting programs to provide treatment for persons with
32substance-related disorders a substance use disorder.
   335.  Cooperate with the department of education, boards
34of education, schools, police departments, courts, and other
35public and private agencies, organizations, and individuals
-59-1in establishing programs for the prevention of substance
2misuse use disorder and the treatment of persons with
3substance-related disorders a substance use disorder, and in
4preparing relevant curriculum materials for use at all levels
5of school education.
   66.  Prepare, publish, evaluate and disseminate educational
7material dealing with the nature and effects of chemical
8substances.
   97.  Develop and implement, as an integral part of treatment
10programs, an educational program for use in the treatment
11of persons with substance-related disorders a substance use
12disorder
, which program shall include the dissemination of
13information concerning the nature and effects of substances.
   148.  Organize and implement, in cooperation with local
15treatment programs, training programs for all persons engaged
16in treatment of persons with substance-related disorders a
17substance use disorder
.
   189.  Sponsor and implement research in cooperation with
19local treatment programs into the causes and nature of
20substance misuse use disorder and treatment of persons with
21substance-related disorders a substance use disorder, and serve
22as a clearing house for information relating to substance
23misuse use disorder.
   2410.  Specify uniform methods for keeping statistical
25information by public and private agencies, organizations,
26and individuals, and collect and make available relevant
27statistical information, including number of persons treated,
28frequency of admission and readmission, and frequency and
29duration of treatment.
   3011.  Develop and implement, with the counsel and approval
31of the board council, the comprehensive plan for treatment
32of persons with substance-related disorders a substance use
33disorder
in accordance with this chapter.
   3412.  Assist in the development of, and cooperate with,
35substance abuse use disorder education and treatment programs
-60-1for employees of state and local governments and businesses and
2industries in the state.
   313.  Utilize the support and assistance of interested
4persons in the community, particularly persons who are
5recovering from substance-related disorders a substance use
6disorder
to encourage persons with substance-related disorders
7
 a substance use disorder to voluntarily undergo treatment.
   814.  Cooperate with the commissioner of public safety in
9establishing and conducting programs designed to deal with the
10problem of persons operating motor vehicles while intoxicated.
   1115.  Encourage general hospitals and other appropriate
12health facilities to admit without discrimination persons
13with substance-related disorders a substance use disorder
14 and to provide them with adequate and appropriate treatment.
15The director may negotiate and implement contracts with
16hospitals and other appropriate health facilities with adequate
17detoxification facilities.
   1816.  Encourage all health and disability insurance programs
19to include substance-related substance use disorders as covered
20illnesses.
   2117.  Review all state health, welfare, education and
22treatment proposals to be submitted for federal funding under
23federal legislation, and advise the governor on provisions
24to be included relating to substance misuse use disorder and
25persons with substance-related disorders a substance use
26disorder
.
27   Sec. 100.  Section 125.12, subsections 1 and 3, Code 2023,
28are amended to read as follows:
   291.  The board council shall review the comprehensive
30substance abuse use disorder program implemented by the
31department for the treatment of persons with substance-related
32disorders
 a substance use disorder and concerned family
33members. Subject to the review of the board council, the
34director shall divide the state into appropriate regions
35for the conduct of the program and establish standards for
-61-1the development of the program on the regional level. In
2establishing the regions, consideration shall be given to city
3and county lines, population concentrations, and existing
4substance abuse use disorder treatment services.
   53.  The director shall provide for adequate and appropriate
6treatment for persons with substance-related disorders a
7substance use disorder
and concerned family members admitted
8under sections 125.33 and 125.34, or under section 125.75,
9125.81, or 125.91. Treatment shall not be provided at a
10correctional institution except for inmates. A mental health
11professional who is employed by a treatment provider under the
12program may provide treatment to a person with co-occurring
13substance-related substance use and mental health disorders.
14Such treatment may also be provided by a person employed by
15such a treatment provider who is receiving the supervision
16required to meet the definition of mental health professional
17but has not completed the supervision component.
18   Sec. 101.  Section 125.13, subsection 1, paragraph a, Code
192023, is amended to read as follows:
   20a.  Except as provided in subsection 2, a person shall not
21maintain or conduct any chemical substitutes or antagonists
22program, residential program, or nonresidential outpatient
23program, the primary purpose of which is the treatment and
24rehabilitation of persons with substance-related disorders a
25substance use disorder
without having first obtained a written
26license for the program from the department.
27   Sec. 102.  Section 125.13, subsection 2, paragraphs a, b, c,
28f, i, and j, Code 2023, are amended to read as follows:
   29a.  A hospital providing care or treatment to persons
30with substance-related disorders a substance use disorder
31 licensed under chapter 135B which is accredited by the joint
32commission on the accreditation of health care organizations,
33the commission on accreditation of rehabilitation facilities,
34the American osteopathic association, or another recognized
35organization approved by the board council. All survey reports
-62-1from the accrediting or licensing body must be sent to the
2department.
   3b.  Any practitioner of medicine and surgery or osteopathic
4medicine and surgery, in the practitioner’s private practice.
5However, a program shall not be exempted from licensing by the
6board council by virtue of its utilization of the services of a
7medical practitioner in its operation.
   8c.  Private institutions conducted by and for persons who
9adhere to the faith of any well recognized church or religious
10denomination for the purpose of providing care, treatment,
11counseling, or rehabilitation to persons with substance-related
12disorders
 a substance use disorder and who rely solely on
13prayer or other spiritual means for healing in the practice of
14religion of such church or denomination.
   15f.  Individuals in private practice who are providing
16substance abuse use disorder treatment services independent
17from a program that is required to be licensed under subsection
181.
   19i.  A substance abuse use disorder treatment program not
20funded by the department which is accredited or licensed
21by the joint commission on the accreditation of health
22care organizations, the commission on the accreditation
23of rehabilitation facilities, the American osteopathic
24association, or another recognized organization approved by
25the board council. All survey reports from the accrediting or
26licensing body must be sent to the department.
   27j.  A hospital substance abuse use disorder treatment program
28that is accredited or licensed by the joint commission on the
29accreditation of health care organizations, the commission on
30the accreditation of rehabilitation facilities, the American
31osteopathic association, or another recognized organization
32approved by the board council. All survey reports for the
33hospital substance abuse use disorder treatment program
34from the accrediting or licensing body shall be sent to the
35department.
-63-
1   Sec. 103.  Section 125.14, Code 2023, is amended to read as
2follows:
   3125.14  Licenses — renewal — fees.
   4The board council shall consider all cases involving initial
5issuance, and renewal, denial, suspension, or revocation
6of a license. The department shall issue a license to an
7applicant whom the board council determines meets the licensing
8requirements of this chapter. Licenses shall expire no
9later than three years from the date of issuance and shall be
10renewed upon timely application made in the same manner as
11for initial issuance of a license unless notice of nonrenewal
12is given to the licensee at least thirty days prior to the
13expiration of the license. The department shall not charge a
14fee for licensing or renewal of programs contracting with the
15department for provision of treatment services. A fee may be
16charged to other licensees.
17   Sec. 104.  Section 125.14A, Code 2023, is amended to read as
18follows:
   19125.14A  Personnel of a licensed program admitting juveniles.
   201.  If a person is being considered for licensure under this
21chapter, or for employment involving direct responsibility for
22a child or with access to a child when the child is alone, by
23a program admitting juveniles subject to licensure under this
24chapter, or if a person will reside in a facility utilized
25by such a program, and if the person has been convicted of
26a crime or has a record of founded child abuse, the record
27check evaluation system of the
department of human services
28 and the program, for an employee of the program, shall perform
29an evaluation to determine whether the crime or founded
30child abuse warrants prohibition of licensure, employment, or
31residence in the facility. The department of human services
32
 record check evaluation system shall conduct criminal and
33child abuse record checks in this state and may conduct these
34checks in other states. The evaluation shall be performed in
35accordance with procedures adopted for this purpose by the
-64-1department of human services.
   22.  If the department of human services record check
3evaluation system
determines that a person has committed a
4crime or has a record of founded child abuse and is licensed,
5employed by a program licensed under this chapter, or resides
6in a licensed facility the department record check evaluation
7system
shall notify the program that an evaluation will be
8conducted to determine whether prohibition of the person’s
9licensure, employment, or residence is warranted.
   103.  In an evaluation, the department of human services
11
 record check evaluation system and the program for an employee
12of the program shall consider the nature and seriousness of
13the crime or founded child abuse in relation to the position
14sought or held, the time elapsed since the commission of the
15crime or founded child abuse, the circumstances under which
16the crime or founded child abuse was committed, the degree of
17rehabilitation, the likelihood that the person will commit the
18crime or founded child abuse again, and the number of crimes
19or founded child abuses committed by the person involved. The
20department of human services record check evaluation system
21 may permit a person who is evaluated to be licensed, employed,
22or to reside, or to continue to be licensed, employed, or
23to reside in a program, if the person complies with the
24department’s record check evaluation system’s conditions
25relating to the person’s licensure, employment, or residence,
26which may include completion of additional training. For an
27employee of a licensee, these conditional requirements shall
28be developed with the licensee. The department of human
29services
 record check evaluation system has final authority
30in determining whether prohibition of the person’s licensure,
31employment, or residence is warranted and in developing any
32conditional requirements under this subsection.
   334.  If the department of human services record check
34evaluation system
determines that the person has committed a
35crime or has a record of founded child abuse which warrants
-65-1prohibition of licensure, employment, or residence, the person
2shall not be licensed under this chapter to operate a program
3admitting juveniles and shall not be employed by a program or
4reside in a facility admitting juveniles licensed under this
5chapter.
   65.  In addition to the record checks required under this
7section, the department of human services record check
8evaluation system
may conduct dependent adult abuse record
9checks in this state and may conduct these checks in other
10states, on a random basis. The provisions of this section,
11relative to an evaluation following a determination that a
12person has been convicted of a crime or has a record of founded
13child abuse, shall also apply to a random check conducted under
14this subsection.
   156.  Beginning July 1, 1994, a A program or facility shall
16inform all new applicants for employment of the possibility
17of the performance of a record check and shall obtain, from
18the applicant, a signed acknowledgment of the receipt of the
19information.
   207.  On or after July 1, 1994, a A program or facility shall
21include the following inquiry in an application for employment:
22Do you have a record of founded child or dependent adult abuse
23or have you ever been convicted of a crime, in this state or any
24other state?
25   Sec. 105.  Section 125.15, Code 2023, is amended to read as
26follows:
   27125.15  Inspections.
   28The department may inspect the facilities and review the
29procedures utilized by any chemical substitutes or antagonists
30program, residential program, or nonresidential outpatient
31program that has as a primary purpose the treatment and
32rehabilitation of persons with substance-related disorders a
33substance use disorder
, for the purpose of ensuring compliance
34with this chapter and the rules adopted pursuant to this
35chapter. The examination and review may include case record
-66-1audits and interviews with staff and patients, consistent with
2the confidentiality safeguards of state and federal law.
3   Sec. 106.  Section 125.15A, subsection 1, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
   5The department may place an employee or agent to serve as a
6monitor in a licensed substance abuse use disorder treatment
7program or may petition the court for appointment of a receiver
8for a program when any of the following conditions exist:
9   Sec. 107.  Section 125.15A, subsection 1, paragraph b, Code
102023, is amended to read as follows:
   11b.  The board council has suspended, revoked, or refused to
12renew the existing license of the program.
13   Sec. 108.  Section 125.16, Code 2023, is amended to read as
14follows:
   15125.16  Transfer of license or change of location prohibited.
   16A license issued under this chapter may not be transferred,
17and the location of the physical facilities occupied or
18utilized by any program licensed under this chapter shall not
19be changed without the prior written consent of the board
20
 council.
21   Sec. 109.  Section 125.17, Code 2023, is amended to read as
22follows:
   23125.17  License suspension or revocation.
   24Violation of any of the requirements or restrictions of
25this chapter or of any of the rules adopted pursuant to this
26chapter is cause for suspension, revocation, or refusal to
27renew a license. The director shall at the earliest time
28feasible notify a licensee whose license the board council
29 is considering suspending or revoking and shall inform the
30licensee what changes must be made in the licensee’s operation
31to avoid such action. The licensee shall be given a reasonable
32time for compliance, as determined by the director, after
33receiving such notice or a notice that the board council does
34not intend to renew the license. When the licensee believes
35compliance has been achieved, or if the licensee considers
-67-1the proposed suspension, revocation, or refusal to renew
2unjustified, the licensee may submit pertinent information to
3the board council and the board council shall expeditiously
4make a decision in the matter and notify the licensee of the
5decision.
6   Sec. 110.  Section 125.18, Code 2023, is amended to read as
7follows:
   8125.18  Hearing before board council.
   9If a licensee under this chapter makes a written request
10for a hearing within thirty days of suspension, revocation,
11or refusal to renew a license, a hearing before the board
12
 council shall be expeditiously arranged by the department of
13inspections and appeals whose decision is subject to review by
14the board council. The board council shall issue a written
15statement of the board’s council’s findings within thirty days
16after conclusion of the hearing upholding or reversing the
17proposed suspension, revocation, or refusal to renew a license.
18Action involving suspension, revocation, or refusal to renew a
19license shall not be taken by the board council unless a quorum
20is present at the meeting. A copy of the board’s council’s
21 decision shall be promptly transmitted to the affected licensee
22who may, if aggrieved by the decision, seek judicial review of
23the actions of the board council in accordance with the terms
24of chapter 17A.
25   Sec. 111.  Section 125.19, Code 2023, is amended to read as
26follows:
   27125.19  Reissuance or reinstatement.
   28After suspension, revocation, or refusal to renew a license
29pursuant to this chapter, the affected licensee shall not have
30the license reissued or reinstated within one year of the
31effective date of the suspension, revocation, or expiration
32upon refusal to renew, unless the board council orders
33otherwise. After that time, proof of compliance with the
34requirements and restrictions of this chapter and the rules
35adopted pursuant to this chapter must be presented to the board
-68-1
 council prior to reinstatement or reissuance of a license.
2   Sec. 112.  Section 125.20, Code 2023, is amended to read as
3follows:
   4125.20  Rules.
   5The department shall establish rules pursuant to chapter
617A requiring facilities to use reasonable accounting and
7reimbursement systems which recognize relevant cost-related
8factors for patients with a substance abuse patients use
9disorder
. A facility shall not be licensed nor shall any
10payment be made under this chapter to a facility which fails
11to comply with those rules or which does not permit inspection
12by the department or examination of all records, including
13financial records, methods of administration, general and
14special dietary programs, the disbursement of drugs and methods
15of supply, and any other records the department deems relevant
16to the establishment of such a system. However, rules issued
17pursuant to this paragraph shall not apply to any facility
18referred to in section 125.13, subsection 2 or section 125.43.
19   Sec. 113.  Section 125.21, subsection 1, Code 2023, is
20amended to read as follows:
   211.  The board council has exclusive power in this state
22to approve and license chemical substitutes and antagonists
23programs, and to monitor chemical substitutes and antagonists
24programs to ensure that the programs are operating within the
25rules adopted pursuant to this chapter. The board council
26 shall grant approval and license if the requirements of the
27rules are met and state funding is not requested. The chemical
28substitutes and antagonists programs conducted by persons
29exempt from the licensing requirements of this chapter pursuant
30to section 125.13, subsection 2, are subject to approval and
31licensure under this section.
32   Sec. 114.  Section 125.25, subsection 1, Code 2023, is
33amended to read as follows:
   341.  Before making any allocation of funds to a local
35substance abuse use disorder program, the department shall
-69-1require a detailed line item budget clearly indicating the
2funds received from each revenue source for the fiscal year
3for which the funds are requested on forms provided by the
4department for each program.
5   Sec. 115.  Section 125.32, unnumbered paragraph 1, Code
62023, is amended to read as follows:
   7The department shall adopt and may amend and repeal rules
8for acceptance of persons into the treatment program, subject
9to chapter 17A, considering available treatment resources and
10facilities, for the purpose of early and effective treatment
11of persons with substance-related disorders a substance
12use disorder
and concerned family members. In establishing
13the rules the department shall be guided by the following
14standards:
15   Sec. 116.  Section 125.32A, Code 2023, is amended to read as
16follows:
   17125.32A  Discrimination prohibited.
   18Any substance abuse use disorder treatment program receiving
19state funding under this chapter or any other chapter of the
20Code shall not discriminate against a person seeking treatment
21solely because the person is pregnant, unless the program
22in each instance identifies and refers the person to an
23alternative and acceptable treatment program for the person.
24   Sec. 117.  Section 125.33, Code 2023, is amended to read as
25follows:
   26125.33  Voluntary treatment of persons with substance-related
27disorders
 a substance use disorder.
   281.  A person with a substance-related substance use
29 disorder may apply for voluntary treatment or rehabilitation
30services directly to a facility or to a licensed physician and
31surgeon or osteopathic physician and surgeon or to a mental
32health professional. If the proposed patient is a minor or
33an incompetent person, a parent, a legal guardian or other
34legal representative may make the application. The licensed
35physician and surgeon or osteopathic physician and surgeon,
-70-1mental health professional, or any employee or person acting
2under the direction or supervision of the physician and
3surgeon or osteopathic physician and surgeon, mental health
4professional, or facility shall not report or disclose the
5name of the person or the fact that treatment was requested
6or has been undertaken to any law enforcement officer or law
7enforcement agency; nor shall such information be admissible as
8evidence in any court, grand jury, or administrative proceeding
9unless authorized by the person seeking treatment. If the
10person seeking such treatment or rehabilitation is a minor who
11has personally made application for treatment, the fact that
12the minor sought treatment or rehabilitation or is receiving
13treatment or rehabilitation services shall not be reported
14or disclosed to the parents or legal guardian of such minor
15without the minor’s consent, and the minor may give legal
16consent to receive such treatment and rehabilitation.
   172.  Subject to rules adopted by the department, the
18administrator or the administrator’s designee in charge of a
19facility may determine who shall be admitted for treatment
20or rehabilitation. If a person is refused admission, the
21administrator or the administrator’s designee, subject to rules
22adopted by the department, shall refer the person to another
23facility for treatment if possible and appropriate.
   243.  A person with a substance-related substance use
25 disorder seeking treatment or rehabilitation and who is
26either addicted to or dependent on a chemical substance may
27first be examined and evaluated by a licensed physician and
28surgeon or osteopathic physician and surgeon or a mental health
29professional who may prescribe, if authorized or licensed
30to do so, a proper course of treatment and medication, if
31needed. The licensed physician and surgeon or osteopathic
32physician and surgeon or mental health professional may further
33prescribe a course of treatment or rehabilitation and authorize
34another licensed physician and surgeon or osteopathic physician
35and surgeon, mental health professional, or facility to
-71-1provide the prescribed treatment or rehabilitation services.
2Treatment or rehabilitation services may be provided to a
3person individually or in a group. A facility providing or
4engaging in treatment or rehabilitation shall not report or
5disclose to a law enforcement officer or law enforcement
6agency the name of any person receiving or engaged in the
7treatment or rehabilitation; nor shall a person receiving or
8participating in treatment or rehabilitation report or disclose
9the name of any other person engaged in or receiving treatment
10or rehabilitation or that the program is in existence, to
11a law enforcement officer or law enforcement agency. Such
12information shall not be admitted in evidence in any court,
13grand jury, or administrative proceeding. However, a person
14engaged in or receiving treatment or rehabilitation may
15authorize the disclosure of the person’s name and individual
16participation.
   174.  If a patient receiving inpatient or residential care
18leaves a facility, the patient shall be encouraged to consent
19to appropriate outpatient or halfway house treatment. If it
20appears to the administrator in charge of the facility that
21the patient is a person with a substance-related substance
22use
disorder who requires help, the director may arrange for
23assistance in obtaining supportive services.
   245.  If a patient leaves a facility, with or against the
25advice of the administrator in charge of the facility, the
26director may make reasonable provisions for the patient’s
27transportation to another facility or to the patient’s home.
28If the patient has no home the patient shall be assisted in
29obtaining shelter. If the patient is a minor or an incompetent
30person, the request for discharge from an inpatient facility
31shall be made by a parent, legal guardian, or other legal
32representative, or by the minor or incompetent person if the
33patient was the original applicant.
   346.  Any person who reports or discloses the name of a
35person receiving treatment or rehabilitation services to a
-72-1law enforcement officer or law enforcement agency or any
2person receiving treatment or rehabilitation services who
3discloses the name of any other person receiving treatment or
4rehabilitation services without the written consent of the
5person in violation of the provisions of this section shall
6upon conviction be guilty of a simple misdemeanor.
7   Sec. 118.  Section 125.34, Code 2023, is amended to read as
8follows:
   9125.34  Treatment and services for persons with
10substance-related disorders a substance use disorder due to
11intoxication and substance-induced incapacitation.
   121.  A person with a substance-related substance use disorder
13due to intoxication or substance-induced incapacitation may
14come voluntarily to a facility for emergency treatment. A
15person who appears to be intoxicated or incapacitated by a
16substance in a public place and in need of help may be taken
17to a facility by a peace officer under section 125.91. If
18the person refuses the proffered help, the person may be
19arrested and charged with intoxication under section 123.46,
20if applicable.
   212.  If no facility is readily available the person may
22be taken to an emergency medical service customarily used
23for incapacitated persons. The peace officer in detaining
24the person and in taking the person to a facility shall make
25every reasonable effort to protect the person’s health and
26safety. In detaining the person the detaining officer may take
27reasonable steps for self-protection. Detaining a person under
28section 125.91 is not an arrest and no entry or other record
29shall be made to indicate that the person who is detained has
30been arrested or charged with a crime.
   313.  A person who arrives at a facility and voluntarily
32submits to examination shall be examined by a licensed
33physician and surgeon or osteopathic physician and surgeon or
34mental health professional as soon as possible after the person
35arrives at the facility. The person may then be admitted as a
-73-1patient or referred to another health facility. The referring
2facility shall arrange for transportation.
   34.  If a person is voluntarily admitted to a facility, the
4person’s family or next of kin shall be notified as promptly
5as possible. If an adult patient who is not incapacitated
6requests that there be no notification, the request shall be
7respected.
   85.  A peace officer who acts in compliance with this section
9is acting in the course of the officer’s official duty and is
10not criminally or civilly liable therefor for such acts, unless
11such acts constitute willful malice or abuse.
   126.  If the physician and surgeon or osteopathic physician
13and surgeon in charge of the facility determines it is for the
14patient’s benefit, the patient shall be encouraged to agree to
15further diagnosis and appropriate voluntary treatment.
   167.  A licensed physician and surgeon or osteopathic
17physician and surgeon, mental health professional, facility
18administrator, or an employee or a person acting as or on
19behalf of the facility administrator, is not criminally or
20civilly liable for acts in conformity with this chapter, unless
21the acts constitute willful malice or abuse.
22   Sec. 119.  Section 125.37, subsection 2, Code 2023, is
23amended to read as follows:
   242.  Notwithstanding subsection 1, the director may make
25available information from patients’ records for purposes of
26research into the causes and treatment of substance abuse use
27disorder
. Information under this subsection shall not be
28published in a way that discloses patients’ names or other
29identifying information.
30   Sec. 120.  Section 125.39, Code 2023, is amended to read as
31follows:
   32125.39  Eligible entities.
   33A local governmental unit which is providing funds to a
34facility for treatment of substance abuse use disorder may
35request from the facility a treatment program plan prior to
-74-1authorizing payment of any claims filed by the facility. The
2governing body of the local governmental unit may review the
3plan, but shall not impose on the facility any requirement
4conflicting with the comprehensive treatment program of the
5facility.
6   Sec. 121.  Section 125.43, Code 2023, is amended to read as
7follows:
   8125.43  Funding at mental health institutes.
   9Chapter 230 governs the determination of the costs
10and payment for treatment provided to persons with
11substance-related disorders a substance use disorderin a
12mental health institute under the department of human services,
13except that the charges are not a lien on real estate owned
14by persons legally liable for support of the person with a
15substance-related substance use disorder and the daily per diem
16shall be billed at twenty-five percent. The superintendent of
17a state hospital mental health institute shall total only those
18expenditures which can be attributed to the cost of providing
19inpatient treatment to persons with substance-related disorders
20
 a substance use disorder for purposes of determining the daily
21per diem. Section 125.44 governs the determination of who is
22legally liable for the cost of care, maintenance, and treatment
23of a person with a substance-related substance use disorder and
24of the amount for which the person is liable.
25   Sec. 122.  Section 125.43A, Code 2023, is amended to read as
26follows:
   27125.43A  Prescreening — exception.
   28Except in cases of medical emergency or court-ordered
29admissions, a person shall be admitted to a state mental health
30institute for treatment of a substance-related substance use
31 disorder only after a preliminary intake and assessment by a
32department-licensed treatment facility or a hospital providing
33care or treatment for persons with substance-related disorders
34
 a substance use disorder licensed under chapter 135B and
35accredited by the joint commission on the accreditation of
-75-1health care organizations, the commission on accreditation
2of rehabilitation facilities, the American osteopathic
3association, or another recognized organization approved by
4the board council, or by a designee of a department-licensed
5treatment facility or a hospital other than a state mental
6health institute, which confirms that the admission is
7appropriate to the person’s substance-related substance use
8 disorder service needs. A county board of supervisors may seek
9an admission of a patient to a state mental health institute
10who has not been confirmed for appropriate admission and the
11county shall be responsible for one hundred percent of the cost
12of treatment and services of the patient.
13   Sec. 123.  Section 125.44, Code 2023, is amended to read as
14follows:
   15125.44  Agreements with facilities — liability for costs.
   161.  The director may, consistent with the comprehensive
17substance abuse use disorder program, enter into written
18agreements with a facility as defined in section 125.2 to pay
19for one hundred percent of the cost of the care, maintenance,
20and treatment of persons with substance-related disorders a
21substance use disorder
, except when section 125.43A applies.
22All payments for state patients shall be made in accordance
23with the limitations of this section. Such contracts shall be
24for a period of no more than one year.
   252.  The contract may be in the form and contain provisions
26as agreed upon by the parties. The contract shall provide
27that the facility shall admit and treat persons with
28substance-related disorders a substance use disorder regardless
29of where they have residence. If one payment for care,
30maintenance, and treatment is not made by the patient or
31those legally liable for the patient, the payment shall be
32made by the department directly to the facility. Payments
33shall be made each month and shall be based upon the rate of
34payment for services negotiated between the department and the
35contracting facility. If a facility projects a temporary cash
-76-1flow deficit, the department may make cash advances at the
2beginning of each fiscal year to the facility. The repayment
3schedule for advances shall be part of the contract between the
4department and the facility. This section does not pertain to
5patients treated at the mental health institutes.
   63.  If the appropriation to the department is insufficient
7to meet the requirements of this section, the department shall
8request a transfer of funds and section 8.39 shall apply.
   94.  The person with a substance-related substance use
10 disorder is legally liable to the facility for the total amount
11of the cost of providing care, maintenance, and treatment for
12the person with a substance-related substance use disorder
13while a voluntary or committed patient in a facility. This
14section does not prohibit any individual from paying any
15portion of the cost of treatment.
   165.  The department is liable for the cost of care, treatment,
17and maintenance of persons with substance-related disorders a
18substance use disorder
admitted to the facility voluntarily or
19pursuant to section 125.75, 125.81, or 125.91 or section 321J.3
20or 124.409 only to those facilities that have a contract with
21the department under this section, only for the amount computed
22according to and within the limits of liability prescribed by
23this section, and only when the person with a substance-related
24
 substance use disorder is unable to pay the costs and there is
25no other person, firm, corporation, or insurance company bound
26to pay the costs.
   276.  The department’s maximum liability for the costs of care,
28treatment, and maintenance of persons with substance-related
29disorders
 a substance use disorder in a contracting facility
30is limited to the total amount agreed upon by the parties and
31specified in the contract under this section.
32   Sec. 124.  Section 125.46, Code 2023, is amended to read as
33follows:
   34125.46  County of residence determined.
   35The facility shall, when a person with a substance-related
-77-1
 substance use disorder is admitted, or as soon thereafter as
2it receives the proper information, determine and enter upon
3its records the Iowa county of residence of the person with a
4substance-related substance use disorder, or that the person
5resides in some other state or country, or that the person is
6unclassified with respect to residence.
7   Sec. 125.  Section 125.55, Code 2023, is amended to read as
8follows:
   9125.55  Audits.
   10All licensed substance abuse use disorder programs are
11subject to annual audit either by the auditor of state or in
12lieu of an audit by the auditor of state the substance abuse
13
 use disorder program may contract with or employ certified
14public accountants to conduct the audit, in accordance with
15sections 11.6, 11.14, and 11.19. The audit format shall be
16as prescribed by the auditor of state. The certified public
17accountant shall submit a copy of the audit to the director. A
18licensed substance abuse use disorder program is also subject
19to special audits as the director requests. The licensed
20substance abuse use disorder program or the department shall
21pay all expenses incurred by the auditor of state in conducting
22an audit under this section.
23   Sec. 126.  Section 125.58, Code 2023, is amended to read as
24follows:
   25125.58  Inspection — penalties.
   261.  If the department has probable cause to believe that
27an institution, place, building, or agency not licensed as
28a substance abuse use disorder treatment and rehabilitation
29facility is in fact a substance abuse use disorder treatment
30and rehabilitation facility as defined by this chapter, and
31is not exempt from licensing by section 125.13, subsection 2,
32the board council may order an inspection of the institution,
33place, building, or agency. If the inspector upon presenting
34proper identification is denied entry for the purpose of making
35the inspection, the inspector may, with the assistance of
-78-1the county attorney of the county in which the premises are
2located, apply to the district court for an order requiring
3the owner or occupant to permit entry and inspection of the
4premises to determine whether there have been violations
5of this chapter. The investigation may include review of
6records, reports, and documents maintained by the facility
7and interviews with staff members consistent with the
8confidentiality safeguards of state and federal law.
   92.  A person establishing, conducting, managing, or
10operating a substance abuse use disorder treatment and
11rehabilitation facility without a license is guilty of a
12serious misdemeanor. Each day of continued violation after
13conviction or notice from the department by certified mail of a
14violation shall be considered a separate offense or chargeable
15offense. A person establishing, conducting, managing or
16operating a substance abuse use disorder treatment and
17rehabilitation facility without a license may be temporarily
18or permanently restrained therefrom by a court of competent
19jurisdiction in an action brought by the state.
   203.  Notwithstanding the existence or pursuit of any other
21remedy, the department may, in the manner provided by law,
22maintain an action in the name of the state for injunction or
23other process against a person or governmental unit to restrain
24or prevent the establishment, conduct, management or operation
25of a substance abuse use disorder treatment and rehabilitation
26facility without a license.
27   Sec. 127.  Section 125.59, subsection 1, paragraph a,
28unnumbered paragraph 1, Code 2023, is amended to read as
29follows:
   30Of these funds, notwithstanding section 125.13, subsection
311, one-half of the transferred amount shall be used for grants
32to counties operating a substance abuse use disorder program
33involving only education, prevention, referral or posttreatment
34services, either with the counties’ own employees or by
35contract with a nonprofit corporation. The grants shall not
-79-1annually exceed ten thousand dollars to any one county, subject
2to the following conditions:
3   Sec. 128.  Section 125.59, subsection 1, paragraph b, Code
42023, is amended to read as follows:
   5b.  If the transferred amount for this subsection exceeds
6grant requests funded to the ten thousand dollar maximum,
7the department of public health may use the remainder for
8activities and public information resources that align with
9best practices for substance-related substance use disorder
10prevention or to increase grants pursuant to subsection 2.
11   Sec. 129.  Section 125.75, subsection 1, Code 2023, is
12amended to read as follows:
   131.  Proceedings for the involuntary commitment or treatment
14of a person with a substance-related substance use disorder
15to a facility pursuant to this chapter or for the involuntary
16hospitalization of a person pursuant to chapter 229 may
17be commenced by any interested person by filing a verified
18application with the clerk of the district court of the
19county where the respondent is presently located or which
20is the respondent’s place of residence. The clerk or the
21clerk’s designee shall assist the applicant in completing the
22application.
23   Sec. 130.  Section 125.75, subsection 2, paragraph a,
24subparagraph (1), Code 2023, is amended to read as follows:
   25(1)  A substance-related substance use disorder as defined
26in section 125.2.
27   Sec. 131.  Section 125.80, subsections 3 and 4, Code 2023,
28are amended to read as follows:
   293.  If the report of a court-designated licensed physician
30and surgeon or osteopathic physician and surgeon or mental
31health professional is to the effect that the respondent is
32not a person with a substance-related substance use disorder,
33the court, without taking further action, shall terminate the
34proceeding and dismiss the application on its own motion and
35without notice.
-80-
   14.  If the report of a court-designated licensed physician
2and surgeon or osteopathic physician and surgeon or mental
3health professional is to the effect that the respondent is a
4person with a substance-related substance use disorder, the
5court shall schedule a commitment hearing as soon as possible.
6The hearing shall be held not more than forty-eight hours
7after the report is filed, excluding Saturdays, Sundays, and
8holidays, unless an extension for good cause is requested
9by the respondent, or as soon thereafter as possible if the
10court considers that sufficient grounds exist for delaying the
11hearing.
12   Sec. 132.  Section 125.81, subsection 1, Code 2023, is
13amended to read as follows:
   141.  If a person filing an application requests that a
15respondent be taken into immediate custody, and the court upon
16reviewing the application and accompanying documentation, finds
17probable cause to believe that the respondent is a person with
18a substance-related substance use disorder who is likely to
19injure the person or other persons if allowed to remain at
20liberty, the court may enter a written order directing that
21the respondent be taken into immediate custody by the sheriff,
22and be detained until the commitment hearing, which shall
23be held no more than five days after the date of the order,
24except that if the fifth day after the date of the order is
25a Saturday, Sunday, or a holiday, the hearing may be held on
26the next business day. The court may order the respondent
27detained for the period of time until the hearing is held, and
28no longer except as provided in section 125.88, in accordance
29with subsection 2, paragraph “a”, if possible, and if not, then
30in accordance with subsection 2, paragraph “b”, or, only if
31neither of these alternatives is available in accordance with
32subsection 2, paragraph “c”.
33   Sec. 133.  Section 125.81, subsection 2, paragraph c, Code
342023, is amended to read as follows:
   35c.  In the nearest facility which is licensed to care for
-81-1persons with mental illness or substance abuse use disorder,
2provided that detention in a jail or other facility intended
3for confinement of those accused or convicted of a crime shall
4not be ordered.
5   Sec. 134.  Section 125.82, subsections 3 and 4, Code 2023,
6are amended to read as follows:
   73.  The person who filed the application and a licensed
8physician and surgeon or osteopathic physician and surgeon,
9mental health professional, or certified alcohol and drug
10counselor certified by the nongovernmental Iowa board of
11substance abuse certification who has examined the respondent
12in connection with the commitment hearing shall be present
13at the hearing, unless the court for good cause finds that
14their presence or testimony is not necessary. The applicant,
15respondent, and the respondent’s attorney may waive the
16presence or telephonic appearance of the licensed physician
17and surgeon or osteopathic physician and surgeon, mental
18health professional, or certified alcohol and drug counselor
19who examined the respondent and agree to submit as evidence
20the written report of the licensed physician and surgeon or
21osteopathic physician and surgeon, mental health professional,
22or certified alcohol and drug counselor. The respondent’s
23attorney shall inform the court if the respondent’s attorney
24reasonably believes that the respondent, due to diminished
25capacity, cannot make an adequately considered waiver decision.
26“Good cause” for finding that the testimony of the licensed
27physician and surgeon or osteopathic physician and surgeon,
28mental health professional, or certified alcohol and drug
29counselor who examined the respondent is not necessary may
30include, but is not limited to, such a waiver. If the court
31determines that the testimony of the licensed physician and
32surgeon or osteopathic physician and surgeon, mental health
33professional, or certified alcohol and drug counselor is
34necessary, the court may allow the licensed physician and
35surgeon or osteopathic physician and surgeon, mental health
-82-1professional, or certified alcohol and drug counselor to
2testify by telephone. The respondent shall be present at the
3hearing unless prior to the hearing the respondent’s attorney
4stipulates in writing that the attorney has conversed with the
5respondent, and that in the attorney’s judgment the respondent
6cannot make a meaningful contribution to the hearing, or that
7the respondent has waived the right to be present, and the
8basis for the attorney’s conclusions. A stipulation to the
9respondent’s absence shall be reviewed by the court before the
10hearing, and may be rejected if it appears that insufficient
11grounds are stated or that the respondent’s interests would not
12be served by the respondent’s absence.
   134.  The respondent’s welfare is paramount, and the hearing
14shall be tried as a civil matter and conducted in as informal a
15manner as is consistent with orderly procedure. The hearing
16may be held by video conference at the discretion of the
17court. Discovery as permitted under the Iowa rules of civil
18procedure is available to the respondent. The court shall
19receive all relevant and material evidence, but the court is
20not bound by the rules of evidence. A presumption in favor of
21the respondent exists, and the burden of evidence and support
22of the contentions made in the application shall be upon the
23person who filed the application. If upon completion of the
24hearing the court finds that the contention that the respondent
25is a person with a substance-related substance use disorder has
26not been sustained by clear and convincing evidence, the court
27shall deny the application and terminate the proceeding.
28   Sec. 135.  Section 125.83, Code 2023, is amended to read as
29follows:
   30125.83  Placement for evaluation.
   31If upon completion of the commitment hearing, the court
32finds that the contention that the respondent is a person with
33a substance-related substance use disorder has been sustained
34by clear and convincing evidence, the court shall order the
35respondent placed at a facility or under the care of a suitable
-83-1facility on an outpatient basis as expeditiously as possible
2for a complete evaluation and appropriate treatment. The
3court shall furnish to the facility at the time of admission
4or outpatient placement, a written statement of facts setting
5forth the evidence on which the finding is based. The
6administrator of the facility shall report to the court no
7more than fifteen days after the individual is admitted to or
8placed under the care of the facility, which shall include the
9chief medical officer’s recommendation concerning treatment
10of a substance-related substance use disorder. An extension
11of time may be granted for a period not to exceed seven days
12upon a showing of good cause. A copy of the report shall be
13sent to the respondent’s attorney who may contest the need
14for an extension of time if one is requested. If the request
15is contested, the court shall make an inquiry as it deems
16appropriate and may either order the respondent released from
17the facility or grant extension of time for further evaluation.
18If the administrator fails to report to the court within
19fifteen days after the individual is admitted to the facility,
20and no extension of time has been requested, the administrator
21is guilty of contempt and shall be punished under chapter
22665. The court shall order a rehearing on the application to
23determine whether the respondent should continue to be held at
24the facility.
25   Sec. 136.  Section 125.83A, subsection 1, Code 2023, is
26amended to read as follows:
   271.  If upon completion of the commitment hearing, the court
28finds that the contention that the respondent is a person with
29a substance-related substance use disorder has been sustained
30by clear and convincing evidence, and the court is furnished
31evidence that the respondent is eligible for care and treatment
32in a facility operated by the United States department of
33veterans affairs or another agency of the United States
34government and that the facility is willing to receive the
35respondent, the court may so order. The respondent, when so
-84-1placed in a facility operated by the United States department
2of veterans affairs or another agency of the United States
3government within or outside of this state, shall be subject to
4the rules of the United States department of veterans affairs
5or other agency, but shall not lose any procedural rights
6afforded the respondent by this chapter. The chief officer
7of the facility shall have, with respect to the respondent
8so placed, the same powers and duties as the chief medical
9officer of a hospital in this state would have in regard to
10submission of reports to the court, retention of custody,
11transfer, convalescent leave, or discharge. Jurisdiction
12is retained in the court to maintain surveillance of the
13respondent’s treatment and care, and at any time to inquire
14into the respondent’s condition and the need for continued care
15and custody.
16   Sec. 137.  Section 125.84, Code 2023, is amended to read as
17follows:
   18125.84  Evaluation report.
   19The facility administrator’s report to the court of the
20chief medical officer’s substance abuse use disorder evaluation
21of the respondent shall be made no later than the expiration of
22the time specified in section 125.83. At least two copies of
23the report shall be filed with the clerk, who shall distribute
24the copies in the manner described by section 125.80,
25subsection 2. The report shall state one of the four following
26alternative findings:
   271.  That the respondent does not, as of the date of the
28report, require further treatment for substance abuse use
29disorder
. If the report so states, the court shall order the
30respondent’s immediate release from involuntary commitment and
31terminate the proceedings.
   322.  That the respondent is a person with a substance-related
33
 substance use disorder who is in need of full-time custody,
34care, and treatment in a facility, and is considered likely
35to benefit from treatment. If the report so states, the
-85-1court shall enter an order which may require the respondent’s
2continued placement and commitment to a facility for
3appropriate treatment.
   43.  That the respondent is a person with a substance-related
5
 substance use disorder who is in need of treatment, but does
6not require full-time placement in a facility. If the report
7so states, the report shall include the chief medical officer’s
8recommendation for treatment of the respondent on an outpatient
9or other appropriate basis, and the court shall enter an order
10which may direct the respondent to submit to the recommended
11treatment. The order shall provide that if the respondent
12fails or refuses to submit to treatment, as directed by the
13court’s order, the court may order that the respondent be
14taken into immediate custody as provided by section 125.81
15and, following notice and hearing held in accordance with
16the procedures of sections 125.77 and 125.82, may order the
17respondent treated as a patient requiring full-time custody,
18care, and treatment as provided in subsection 2, and may order
19the respondent involuntarily committed to a facility.
   204.  That the respondent is a person with a substance-related
21
 substance use disorder who is in need of treatment, but in
22the opinion of the chief medical officer is not responding to
23the treatment provided. If the report so states, the report
24shall include the facility administrator’s recommendation for
25alternative placement, and the court shall enter an order
26which may direct the respondent’s transfer to the recommended
27placement or to another placement after consultation with
28respondent’s attorney and the facility administrator who made
29the report under this subsection.
30   Sec. 138.  Section 125.85, subsection 1, Code 2023, is
31amended to read as follows:
   321.  A respondent committed under section 125.84, subsection
332, shall remain in the custody of a facility for treatment
34for a period of thirty days, unless sooner discharged. The
35department is not required to pay the cost of any medication or
-86-1procedure provided to the respondent during that period which
2is not necessary or appropriate to the specific objectives
3of detoxification and treatment of substance abuse use
4disorder
. At the end of the thirty-day period, the respondent
5shall be discharged automatically unless the administrator
6of the facility, before expiration of the period, obtains a
7court order for the respondent’s recommitment pursuant to an
8application under section 125.75, for a further period not to
9exceed ninety days.
10   Sec. 139.  Section 125.91, Code 2023, is amended to read as
11follows:
   12125.91  Emergency detention.
   131.  The procedure prescribed by this section shall only
14be used for a person with a substance-related substance
15use
disorder due to intoxication or substance-induced
16incapacitation who has threatened, attempted, or inflicted
17physical self-harm or harm on another, and is likely to inflict
18physical self-harm or harm on another unless immediately
19detained, or who is incapacitated by a substance, if an
20application has not been filed naming the person as the
21respondent pursuant to section 125.75 and the person cannot be
22ordered into immediate custody and detained pursuant to section
23125.81.
   242.  a.  A peace officer who has reasonable grounds to believe
25that the circumstances described in subsection 1 are applicable
26may, without a warrant, take or cause that person to be taken
27to the nearest available facility referred to in section
28125.81, subsection 2, paragraph “b” or “c”. Such a person with
29a substance-related substance use disorder due to intoxication
30or substance-induced incapacitation who also demonstrates
31a significant degree of distress or dysfunction may also
32be delivered to a facility by someone other than a peace
33officer upon a showing of reasonable grounds. Upon delivery
34of the person to a facility under this section, the attending
35physician and surgeon or osteopathic physician and surgeon may
-87-1order treatment of the person, but only to the extent necessary
2to preserve the person’s life or to appropriately control
3the person’s behavior if the behavior is likely to result in
4physical injury to the person or others if allowed to continue.
5The peace officer or other person who delivered the person to
6the facility shall describe the circumstances of the matter to
7the attending physician and surgeon or osteopathic physician
8and surgeon. If the person is a peace officer, the peace
9officer may do so either in person or by written report.
   10b.  If the attending physician and surgeon or osteopathic
11physician and surgeon has reasonable grounds to believe that
12the circumstances in subsection 1 are applicable, the facility
13shall have the authority to detain the person for a period of
14no longer than twelve hours. Within twelve hours of detaining
15a person pursuant to this section, the attending physician
16shall communicate with the nearest available magistrate.
   17c.  Once contacted pursuant to paragraph “b”, the magistrate
18shall, based upon the circumstances described by the attending
19physician and surgeon or osteopathic physician and surgeon,
20give the attending physician and surgeon or osteopathic
21physician and surgeon oral instructions either directing that
22the person be released forthwith, or authorizing the person’s
23detention in an appropriate facility. The magistrate may also
24give oral instructions and order that the detained person be
25transported to an appropriate facility.
   26d.  If the magistrate orders that the person be detained, the
27magistrate shall, by the close of business on the next working
28day, file a written order with the clerk in the county where it
29is anticipated that an application may be filed under section
30125.75. The order may be filed by facsimile if necessary. The
31order shall state the circumstances under which the person was
32taken into custody or otherwise brought to a facility and the
33grounds supporting the finding of probable cause to believe
34that the person is a person with a substance-related substance
35use
disorder likely to result in physical injury to the person
-88-1or others if not detained. The order shall confirm the oral
2order authorizing the person’s detention including any order
3given to transport the person to an appropriate facility. The
4clerk shall provide a copy of that order to the attending
5physician and surgeon or osteopathic physician and surgeon at
6the facility to which the person was originally taken, any
7subsequent facility to which the person was transported, and
8to any law enforcement department or ambulance service that
9transported the person pursuant to the magistrate’s order.
   103.  The attending physician and surgeon or osteopathic
11physician and surgeon shall examine and may detain the person
12pursuant to the magistrate’s order for a period not to exceed
13forty-eight hours from the time the order is dated, excluding
14Saturdays, Sundays, and holidays, unless the order is dismissed
15by a magistrate. The facility may provide treatment which is
16necessary to preserve the person’s life or to appropriately
17control the person’s behavior if the behavior is likely to
18result in physical injury to the person or others if allowed
19to continue or is otherwise deemed medically necessary by
20the attending physician and surgeon or osteopathic physician
21and surgeon or mental health professional, but shall not
22otherwise provide treatment to the person without the person’s
23consent. The person shall be discharged from the facility and
24released from detention no later than the expiration of the
25forty-eight-hour period, unless an application for involuntary
26commitment is filed with the clerk pursuant to section 125.75.
27The detention of a person by the procedure in this section, and
28not in excess of the period of time prescribed by this section,
29shall not render the peace officer, attending physician and
30surgeon or osteopathic physician and surgeon, or facility
31detaining the person liable in a criminal or civil action
32for false arrest or false imprisonment if the peace officer,
33attending physician and surgeon or osteopathic physician
34and surgeon, mental health professional, or facility had
35reasonable grounds to believe that the circumstances described
-89-1in subsection 1 were applicable.
   24.  The cost of detention in a facility under the procedure
3prescribed in this section shall be paid in the same way as if
4the person had been committed to the facility pursuant to an
5application filed under section 125.75.
6   Sec. 140.  Section 125.93, Code 2023, is amended to read as
7follows:
   8125.93  Commitment records — confidentiality.
   9Records of the identity, diagnosis, prognosis, or treatment
10of a person which are maintained in connection with the
11provision of substance abuse use disorder treatment services
12are confidential, consistent with the requirements of section
13125.37, and with the federal confidentiality regulations
14authorized by the federal Drug Abuse Office and Treatment Act,
15 42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
16and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
17U.S.C. §290dd-2. However, such records may be disclosed to an
18employee of the department of corrections, if authorized by the
19director of the department of corrections, or to an employee
20of a judicial district department of correctional services, if
21authorized by the director of the judicial district department
22of correctional services.
23   Sec. 141.  Section 135.1, Code 2023, is amended to read as
24follows:
   25135.1  Definitions.
   26For the purposes of chapter 155 and Title IV, subtitle 2,
27excluding chapter 146, unless otherwise defined:
   281.  “Director” shall mean means the director of public health
 29and human services.
   302.  “Health officer” means the physician, physician
31assistant, advanced registered nurse practitioner, or advanced
32practice registered nurse who is the health officer of the
33local board of health.
   343.  “Local board” shall mean means the local board of health.
   354.  “Physician” means a person licensed to practice
-90-1medicine and surgery, osteopathic medicine and surgery,
2chiropractic, podiatry, or optometry under the laws of this
3state; but a person licensed as a physician and surgeon shall
4be designated as a “physician” or “surgeon”, a person licensed
5as an osteopathic physician and surgeon shall be designated
6as an “osteopathic physician” or “osteopathic surgeon”, a
7person licensed as a chiropractor shall be designated as a
8“chiropractor”, a person licensed as a podiatrist shall be
9designated as a “podiatric physician”, and a person licensed
10as an optometrist shall be designated as an “optometrist”. A
11definition or designation contained in this subsection shall
12not be interpreted to expand the scope of practice of such
13licensees.
   145.  “Rules” shall include regulations and orders.
   156.  “State department” or “department” shall mean means the
16Iowa department of public health and human services.
17   Sec. 142.  Section 135.11, Code 2023, is amended to read as
18follows:
   19135.11  Duties Public health duties of department.
   20The director of public health shall be the head of the “Iowa
21Department of Public Health”, which
 department shall:
   221.  Exercise general supervision over the public health,
23promote public hygiene and sanitation, prevent substance abuse
24
 use disorder and unless otherwise provided, enforce the laws
25relating to the same.
   262.  Conduct campaigns for the education of the people in
27hygiene and sanitation.
   283.  Issue monthly health bulletins containing fundamental
29health principles and other health data deemed of public
30interest.
   314.  Make investigations and surveys in respect to the
32causes of disease and epidemics, and the effect of locality,
33employment, and living conditions upon the public health. For
34this purpose the department may use the services of the experts
35connected with the state hygienic laboratory at the state
-91-1university of Iowa
.
   25.  Establish stations throughout the state for the
3distribution of antitoxins and vaccines to physicians,
4druggists pharmacists, and other persons, at cost. All
5antitoxin and vaccine thus distributed shall be labeled “Iowa
6Department of Public Health and Human Services”.
   76.  Exercise general supervision over the administration and
8enforcement of the sexually transmitted diseases and infections
9law, chapter 139A, subchapter II.
   107.  Exercise sole jurisdiction over the disposal and
11transportation of the dead bodies of human beings and prescribe
12the methods to be used in preparing such bodies for disposal
13and transportation. However, the department may approve
14a request for an exception to the application of specific
15embalming and disposition rules adopted pursuant to this
16subsection if such rules would otherwise conflict with tenets
17and practices of a recognized religious denomination to which
18the deceased individual adhered or of which denomination the
19deceased individual was a member. The department shall inform
20the board of mortuary science of any such approved exception
21which may affect services provided by a funeral director
22licensed pursuant to chapter 156.
   238.  Establish, publish, and enforce rules which require
24companies, corporations, and other entities to obtain a permit
25from the department prior to scattering cremated human remains.
   269.  Exercise general supervision over the administration and
27enforcement of the vital statistics law, chapter 144.
   2810.  Enforce the law relative to chapter 146 and
29“Health-related Professions”, Title IV, subtitle 3, excluding
30chapter 155.
   3111.  Establish and maintain divisions as are necessary
32for the proper enforcement of the laws administered by the
33department.
   3412.    11.  Establish, publish, and enforce rules not
35inconsistent with law for the enforcement of the provisions
-92-1of chapters 125 and 155, and Title IV, subtitle 2, excluding
2chapter 146 and for the enforcement of the various laws, the
3administration and supervision of which are imposed upon the
4department.
   513.    12.  Administer healthy aging and essential public
6health services by approving grants of state funds to the local
7boards of health for the purposes of promoting healthy aging
8throughout the lifespan and enhancing health promotion and
9disease prevention services, and by providing guidelines for
10the approval of the grants and allocation of the state funds.
11Guidelines, evaluation requirements and formula allocation
12procedures for the services shall be established by the
13department by rule.
   1414.    13.  Administer chapters 125, 136A, 136C, 139A, 142,
15142A, 144, and 147A.
   1615.  Issue an annual report to the governor as provided in
17section 7E.3, subsection 4.
   1816.    14.  Consult with the office of statewide clinical
19education programs at the university of Iowa college of
20medicine and annually submit a report to the general assembly
21by January 15 verifying the number of physicians in active
22practice in Iowa by county who are engaged in providing
23obstetrical care. To the extent data are readily available,
24the report shall include information concerning the number
25of deliveries per year by specialty and county, the age of
26physicians performing deliveries, and the number of current
27year graduates of the university of Iowa college of medicine
28and the Des Moines university — osteopathic medical center
29entering into residency programs in obstetrics, gynecology,
30and family practice. The report may include additional
31data relating to access to obstetrical services that may be
32available.
   3317.    15.  Administer the statewide maternal and child health
34program and the program for children with disabilities by
35conducting mobile and regional child health specialty clinics
-93-1and conducting other activities to improve the health of
2low-income women and children and to promote the welfare of
3children with actual or potential conditions which may cause
4disabilities and children with chronic illnesses in accordance
5with the requirements of Tit.V of the federal Social Security
6Act. The department shall provide technical assistance to
7encourage the coordination and collaboration of state agencies
8in developing outreach centers which provide publicly supported
9services for pregnant women, infants, and children. The
10department shall also, through cooperation and collaborative
11agreements with the department of human services and the
12 mobile and regional child health specialty clinics, establish
13common intake proceedings for maternal and child health
14services. The department shall work in cooperation with the
15legislative services agency in monitoring the effectiveness of
16the maternal and child health centers, including the provision
17of transportation for patient appointments and the keeping of
18scheduled appointments.
   1918.    16.  Establish, publish, and enforce rules requiring
20prompt reporting of methemoglobinemia, pesticide poisoning, and
21the reportable poisonings and illnesses established pursuant
22to section 139A.21.
   2319.    17.  Collect and maintain reports of pesticide
24poisonings and other poisonings, illnesses, or injuries
25caused by selected chemical or physical agents,
26including methemoglobinemia and pesticide and fertilizer
27hypersensitivity; and compile and publish, annually, a
28statewide and county-by-county profile based on the reports.
   2920.    18.  Adopt rules which require personnel of a licensed
30hospice, of a homemaker-home health aide provider agency
31which receives state homemaker-home health aide funds, or of
32an agency which provides respite care services and receives
33funds to complete training concerning blood-borne pathogens,
34including human immunodeficiency virus and viral hepatitis,
35consistent with standards from the federal occupational safety
-94-1and health administration.
   221.    19.  Adopt rules which require all emergency medical
3services personnel, fire fighters, and law enforcement
4personnel to complete training concerning blood-borne
5pathogens, including human immunodeficiency virus and
6viral hepatitis, consistent with standards from the federal
7occupational safety and health administration.
   822.    20.  Adopt rules which provide for the testing of a
9convicted or alleged offender for the human immunodeficiency
10virus pursuant to sections 915.40 through 915.43. The rules
11shall provide for the provision of counseling, health care, and
12support services to the victim.
   1323.    21.  Establish ad hoc and advisory committees to the
14director in areas where technical expertise is not otherwise
15readily available. Members may be compensated for their actual
16and necessary expenses incurred in the performance of their
17duties. To encourage health consumer participation, public
18members may also receive a per diem as specified in section
197E.6 if funds are available and the per diem is determined
20to be appropriate by the director. Expense moneys paid to
21the members shall be paid from funds appropriated to the
22department. A majority of the members of such a committee
23constitutes a quorum.
   2424.    22.  Administer annual grants to county boards of health
25for the purpose of conducting programs for the testing of
26private water supply wells, the closing of abandoned private
27water supply wells, and the renovation or rehabilitation of
28private water supply wells. Grants shall be funded through
29moneys transferred to the department from the agriculture
30management account of the groundwater protection fund pursuant
31to section 455E.11, subsection 2, paragraph “b”, subparagraph
32(2), subparagraph division (b). The department shall adopt
33rules relating to the awarding of the grants.
   3425.    23.  Establish and administer, if sufficient funds
35are available to the department, a program to assess and
-95-1forecast health workforce supply and demand in the state for
2the purpose of identifying current and projected workforce
3needs. The program may collect, analyze, and report data that
4furthers the purpose of the program. The program shall not
5release information that permits identification of individual
6respondents of program surveys.
   726.    24.  In consultation with the advisory committee for
8perinatal guidelines, develop and maintain the statewide
9perinatal program based on the recommendations of the American
10academy of pediatrics and the American college of obstetricians
11and gynecologists contained in the most recent edition of
12the guidelines for perinatal care, and shall adopt rules in
13accordance with chapter 17A to implement those recommendations.
14Hospitals within the state shall determine whether to
15participate in the statewide perinatal program, and select the
16hospital’s level of participation in the program. A hospital
17having determined to participate in the program shall comply
18with the guidelines appropriate to the level of participation
19selected by the hospital. Perinatal program surveys and
20reports are privileged and confidential and are not subject to
21discovery, subpoena, or other means of legal compulsion for
22their release to a person other than the affected hospital, and
23are not admissible in evidence in a judicial or administrative
24proceeding other than a proceeding involving verification of
25the participating hospital under this subsection.
   2627.    25.  In consultation with the department of corrections,
27the antibiotic resistance task force, and the American
28federation of state, county and municipal employees, develop
29educational programs to increase awareness and utilization of
30infection control practices in institutions listed in section
31904.102.
   3228.    26.  Administer the Iowa youth survey, in collaboration
33with other state agencies, as appropriate, every two years to
34students in grades six, eight, and eleven in Iowa’s public
35and nonpublic schools. Survey data shall be evaluated and
-96-1reported, with aggregate data available online at the Iowa
2youth survey internet site.
3   Sec. 143.  Section 135.11A, Code 2023, is amended to read as
4follows:
   5135.11A  Professional licensure division — other licensing
6boards — expenses — fees.
   71.  There shall be a professional licensure division within
8the department of public health.
Each board under chapter 147
9or under the administrative authority of the department, except
10the board of nursing, board of medicine, dental board, and
11board of pharmacy, shall receive administrative and clerical
12support from the division department and may not employ its
13own support staff for administrative and clerical duties. The
14executive director of the board of nursing, board of medicine,
15dental board, and board of pharmacy shall be appointed pursuant
16to section 135.11B.
   172.  The professional licensure division department and
18the licensing boards may expend funds in addition to amounts
19budgeted, if those additional expenditures are directly the
20result of actual examination and exceed funds budgeted for
21examinations. Before the division department or a licensing
22board expends or encumbers an amount in excess of the funds
23budgeted for examinations, the director of the department
24of management shall approve the expenditure or encumbrance.
25Before approval is given, the department of management shall
26determine that the examination expenses exceed the funds
27budgeted by the general assembly to the division department
28 or board and the division department or board does not have
29other funds from which examination expenses can be paid.
30Upon approval of the department of management, the division
31
 department or licensing board may expend and encumber funds for
32excess examination expenses. The amounts necessary to fund
33the excess examination expenses shall be collected as fees
34from additional examination applicants and shall be treated as
35repayment receipts as defined in section 8.2.
-97-
1   Sec. 144.  Section 135.14, Code 2023, is amended to read as
2follows:
   3135.14  State public health dental director — duties program.
   41.  The position of state public health dental director is
5established within the department.
   62.  The dental director department shall perform all of the
7following duties:
   8a.    1.  Plan and direct all work activities of the statewide
9public health dental program.
   10b.    2.  Develop comprehensive dental initiatives for
11prevention activities.
   12c.    3.  Evaluate the effectiveness of the statewide public
13health dental program and of program personnel.
   14d.  Manage the oral and health delivery systems bureau
15including direction, supervision, and fiscal management of
16bureau staff.
   17e.    4.  Other related work as required.
18   Sec. 145.  Section 135.15, Code 2023, is amended to read as
19follows:
   20135.15  Oral and health delivery systems bureau established —
21responsibilities
.
   22An oral and health delivery systems bureau is established
23within the division of health promotion and chronic disease
24prevention of the department.
The bureau department shall be
25responsible for all of the following:
   261.  Providing population-based oral health services,
27including public health training, improvement of dental support
28systems for families, technical assistance, awareness-building
29activities, and educational services, at the state and local
30level to assist Iowans in maintaining optimal oral health
31throughout all stages of life.
   322.  Performing infrastructure building and enabling services
33through the administration of state and federal grant programs
34targeting access improvement, prevention, and local oral
35health programs utilizing maternal and child health programs,
-98-1Medicaid, and other new or existing programs.
   23.  Leveraging federal, state, and local resources for
3programs under the purview of the bureau department.
   44.  Facilitating ongoing strategic planning and application
5of evidence-based research in oral health care policy
6development that improves oral health care access and the
7overall oral health of all Iowans.
   85.  Developing and implementing an ongoing oral health
9surveillance system for the evaluation and monitoring of
10the oral health status of children and other underserved
11populations.
   126.  Facilitating the provision of oral health services
13through dental homes. For the purposes of this section,
14“dental home” means a network of individualized care based on
15risk assessment, which includes oral health education, dental
16screenings, preventive services, diagnostic services, treatment
17services, and emergency services.