Senate File 514 - ReprintedA Bill ForAn Act 1relating to the organization, structure, and
2functions of state government, providing for salaries of
3appointed state officers, providing for penalties, making
4appropriations, providing Code editor directives and
5transition provisions, and including applicability and
6effective 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, paragraphs i, j, k, and
2s, Code 2023, are amended to read as follows:
   3i.  The department of health and human services, created in
4section 217.1,
which has primary responsibility for services
5to individuals to promote the well-being and the social and
6economic development of the people of the state;.
   7j.  The Iowa department of public health, created in chapter
8135, which has primary responsibility
for supervision of public
9health programs, promotion of public hygiene and sanitation,
10treatment and prevention of substance abuse use disorder, and
11enforcement of related laws;.
   12k.  The department on aging, created in section 231.21,
13which has primary responsibility
for leadership and program
14management for programs which serve the older individuals of
15the state; and for services relating to Latino persons, women,
16persons with disabilities, community action agencies, criminal
17and juvenile justice planning, African Americans, deaf and
18hard-of-hearing persons, persons of Asian and Pacific Islander
19heritage, and Native Americans
.
   20s.  The department of human rights, created in section
21216A.1, which has primary responsibility for services relating
22to Latino persons, women, persons with disabilities, community
23action agencies, criminal and juvenile justice planning,
24African Americans, deaf and hard-of-hearing persons, persons of
25Asian and Pacific Islander heritage, and Native Americans.
26   Sec. 6.  Section 8.39, subsection 2, Code 2023, is amended
27to read as follows:
   282.  If the appropriation of a department, institution, or
29agency is insufficient to properly meet the legitimate expenses
30of the department, institution, or agency, the director, with
31the approval of the governor, may make an interdepartmental
32transfer from any other department, institution, or agency of
33the state having an appropriation in excess of its needs, of
34sufficient funds to meet that deficiency. Such transfer shall
35be to an appropriation made from the same funding source and
-2-1within the same fiscal year. The amount of a transfer made
2from an appropriation under this subsection shall be limited
3to not more than one-tenth of one percent of the total of all
4appropriations made from the funding source of the transferred
5appropriation for the fiscal year in which the transfer is
6made. An interdepartmental transfer to an appropriation which
7is not an entitlement appropriation is not authorized when
8the general assembly is in regular session and, in addition,
9the sum of interdepartmental transfers in a fiscal year to an
10appropriation which is not an entitlement appropriation shall
11not exceed fifty percent of the amount of the appropriation
12as enacted by the general assembly. For the purposes of
13this subsection, an entitlement appropriation is a line item
14appropriation to the state public defender for indigent defense
15or to the department of health and human services for foster
16care, state supplementary assistance, or medical assistance, or
17for the family investment program.
18   Sec. 7.  Section 8A.321, subsection 4, Code 2023, is amended
19to read as follows:
   204.  Contract, with the approval of the executive council,
21for the repair, remodeling, or, if the condition warrants,
22demolition of all buildings and grounds of the state at the
23seat of government, at the state laboratories facility in
24Ankeny, and the institutions of the department of health and
25 human services and the department of corrections for which no
26specific appropriation has been made, if the cost of repair,
27remodeling, or demolition will not exceed one hundred thousand
28dollars when completed. The cost of repair projects for which
29no specific appropriation has been made shall be paid as an
30expense authorized by the executive council as provided in
31section 7D.29.
32   Sec. 8.  Section 8A.362, subsection 8, Code 2023, is amended
33to read as follows:
   348.  All fuel used in state-assigned automobiles shall be
35purchased at cost from the various installations or garages
-3-1of the state department of transportation, state board of
2regents, department of health and human services, or state
3motor pools throughout the state, unless the state-owned
4sources for the purchase of fuel are not reasonably accessible.
5If the director determines that state-owned sources for the
6purchase of fuel are not reasonably accessible, the director
7shall authorize the purchase of fuel from other sources. The
8director may prescribe a manner, other than the use of the
9revolving fund, in which the purchase of fuel from state-owned
10sources is charged to the state agency responsible for the
11use of the motor vehicle. The director shall prescribe the
12manner in which oil and other normal motor vehicle maintenance
13for state-owned motor vehicles may be purchased from private
14sources, if they cannot be reasonably obtained from a state
15motor pool. The director may advertise for bids and award
16contracts in accordance with competitive bidding procedures
17for items and services as provided in this subchapter for
18furnishing fuel, oil, grease, and vehicle replacement parts for
19all state-owned motor vehicles. The director and other state
20agencies, when advertising for bids for gasoline, shall also
21seek bids for ethanol blended gasoline.
22   Sec. 9.  Section 8A.504, subsection 1, paragraph d,
23subparagraph (1), Code 2023, is amended to read as follows:
   24(1)  Any debt, which is assigned to the department of health
25and
human services, or which is owed to the department of
 26health and human services for unpaid premiums under section
27249A.3, subsection 2, paragraph “a”, subparagraph (1), or
28which the child support recovery unit services is otherwise
29attempting to collect, or which the foster care recovery unit
30
 services of the department of health and human services is
31attempting to collect on behalf of a child receiving foster
32care provided by the department of health and human services.
33   Sec. 10.  Section 8A.504, subsection 2, unnumbered paragraph
341, Code 2023, is amended to read as follows:
   35The collection entity shall establish and maintain a
-4-1procedure to set off against any claim owed to a person by a
2public agency any liability of that person owed to a public
3agency, a support debt being enforced by the child support
4recovery unit services pursuant to chapter 252B, or such other
5qualifying debt. The procedure shall only apply when at the
6discretion of the director it is feasible. The procedure shall
7meet the following conditions:
8   Sec. 11.  Section 8A.512, subsection 1, paragraph b,
9subparagraph (2), Code 2023, is amended to read as follows:
   10(2)  Claims for medical assistance payments authorized under
11chapter 249A are subject to the time limits imposed by rule
12adopted by the department of health and human services.
13   Sec. 12.  Section 10A.108, Code 2023, is amended to read as
14follows:
   1510A.108  Improper health and human services entitlement
16benefits or provider payments — debt, lien, collection.
   171.  a.  If a person refuses or neglects to repay benefits or
18provider payments inappropriately obtained from the department
19of health and human services, the amount inappropriately
20obtained, including any interest, penalty, or costs attached
21to the amount, constitutes a debt and is a lien in favor of the
22state upon all property and any rights or title to or interest
23in property, whether real or personal, belonging to the person
24for the period established in subsection 2, with the exception
25of property which is exempt from execution pursuant to chapter
26627.
   27b.  A lien under this section shall not attach to any amount
28of inappropriately obtained benefits or provider payments, or
29portions of the benefits or provider payments, attributable to
30errors by the department of health and human services. Liens
31shall only attach to the amounts of inappropriately obtained
32benefits or provider payments or portions of the benefits or
33provider payments which were obtained due to false, misleading,
34incomplete, or inaccurate information submitted by a person in
35connection with the application for or receipt of benefits or
-5-1provider payments.
   22.  a.  The lien attaches at the time the notice of the
3lien is filed under subsection 3, and continues for ten years
4from that date, unless released or otherwise discharged at an
5earlier time.
   6b.  The lien may be extended, within ten years from the
7date of attachment, if a person files a notice with the county
8recorder or other appropriate county official of the county
9in which the property is located at the time of filing the
10extension. From the time of the filing of the notice, the lien
11period shall be extended for ten years to apply to the property
12in the county in which the notice is filed, unless released
13or otherwise discharged at an earlier time. The number of
14extensions is not limited.
   15c.  The director department shall discharge any lien which is
16allowed to lapse and may charge off any account and release the
17corresponding lien before the lien has lapsed if the director
18
 department determines, under uniform rules prescribed by the
19director, that the account is uncollectible or collection costs
20involved would not warrant collection of the amount due.
   213.  To preserve the lien against subsequent mortgagees,
22purchasers, or judgment creditors, for value and without notice
23of the lien, on any property located in a county, the director
24shall file a notice of the lien with the recorder of the county
25in which the property is located at the time of filing of the
26notice.
   274.  The county recorder of each county shall prepare
28and maintain in the recorder’s office an index of liens of
29debts established based upon benefits or provider payments
30inappropriately obtained from and owed the department of health
31and
human services, containing the applicable entries specified
32in sections 558.49 and 558.52, and providing appropriate
33columns for all of the following data, under the names of
34debtors, arranged alphabetically:
   35a.  The name of the debtor.
-6-
   1b.  “State of Iowa, Department of Health and Human Services”
2as claimant.
   3c.  The time that the notice of the lien was filed for
4recording.
   5d.  The date of notice.
   6e.  The amount of the lien currently due.
   7f.  The date of the assessment.
   8g.  The date of satisfaction of the debt.
   9h.  Any extension of the time period for application of the
10lien and the date that the notice for extension was filed.
   115.  The recorder shall endorse on each notice of lien the day
12and time filed for recording and the document reference number,
13and shall preserve the notice. The recorder shall index the
14notice and shall record the lien in the manner provided for
15recording real estate mortgages. The lien is effective from
16the time of the indexing.
   176.  The department shall pay, from moneys appropriated to
18the department for this purpose, recording fees as provided in
19section 331.604, for the recording of the lien.
   207.  Upon payment of a debt for which the director department
21 has filed notice with a county recorder, the director
22
 department shall provide to the debtor a satisfaction of
23the debt. The debtor shall be responsible for filing the
24satisfaction of the debt with the recorder and the recorder
25shall enter the satisfaction on the notice on file in the
26recorder’s office.
   278.  The department of inspections, and appeals, and
28licensing
, as provided in this chapter and chapter 626, shall
29proceed to collect all debts owed the department of health and
30 human services as soon as practicable after the debt becomes
31delinquent. If service has not been made on a distress warrant
32by the officer to whom addressed within five days from the
33date the distress warrant was received by the officer, the
34authorized investigators of the department of inspections, and
35 appeals, and licensing may serve and make return of the warrant
-7-1to the clerk of the district court of the county named in the
2distress warrant, and all subsequent procedures shall be in
3compliance with chapter 626.
   49.  The distress warrant shall be in a form as prescribed
5by the director, shall be directed to the sheriff of the
6appropriate county, and shall identify the debtor, the type
7of debt, and the delinquent amount. The distress warrant
8shall direct the sheriff to distrain, seize, garnish, or levy
9upon, and sell, as provided by law, any real or personal
10property belonging to the debtor to satisfy the amount of the
11delinquency plus costs. The distress warrant shall also direct
12the sheriff to make due and prompt return to the department
13or to the district court under chapter 626 of all amounts
14collected.
   1510.  The attorney general, upon the request of the director
16of inspections, and appeals, and licensing, shall bring an
17action, as the facts may justify, without bond, to enforce
18payment of any debts under this section, and in the action
19the attorney general shall have the assistance of the county
20attorney of the county in which the action is pending.
   2111.  The remedies of the state shall be cumulative and no
22action taken by the director of inspections, and appeals, and
23licensing
or attorney general shall be construed to be an
24election on the part of the state or any of its officers to
25pursue any remedy to the exclusion of any other remedy provided
26by law.
27   Sec. 13.  Section 10A.402, subsections 4 and 5, Code 2023,
28are amended to read as follows:
   294.  Investigations and collections relative to the
30liquidation of overpayment debts owed to the department of
 31health and human services. Collection methods include but are
32not limited to small claims filings, debt setoff, distress
33warrants, and repayment agreements, and are subject to approval
34by the department of health and human services.
   355.  Investigations relative to the administration of the
-8-1state supplementary assistance program, the state medical
2assistance program, the food stamp supplemental nutrition
3assistance
program, the family investment program, and any
4other state or federal benefit assistance program.
5   Sec. 14.  Section 11.5B, Code 2023, is amended to read as
6follows:
   711.5B  Repayment of audit expenses by state departments and
8agencies.
   9The auditor of state shall be reimbursed by a department
10or agency for performing audits or examinations of the
11following state departments or agencies, or funds received by
12a department or agency:
   131.  Department of commerce.
   142.  Department of health and human services.
   153.  State department of transportation.
   164.  Iowa department of public health.
   175.    4.  State board of regents.
   186.    5.  Department of agriculture and land stewardship.
   197.    6.  Iowa veterans home.
   208.    7.  Department of education.
   219.    8.  Department of workforce development.
   2210.    9.  Department of natural resources.
   2311.    10.  Offices of the clerks of the district court of the
24judicial branch.
   2512.    11.  The Iowa public employees’ retirement system.
   2613.    12.  Federal financial assistance, as defined in the
27federal Single Audit Act, 31 U.S.C. §7501, et seq., received by
28all other departments.
   2914.    13.  Department of administrative services.
   3015.    14.  Office of the chief information officer of the
31department of management.
32   Sec. 15.  Section 11.6, subsection 1, paragraph b, Code 2023,
33is amended to read as follows:
   34b.  The financial condition and transactions of community
35mental health centers organized under chapter 230A, substance
-9-1abuse use disorder programs organized under chapter 125, and
2community action agencies organized under chapter 216A, shall
3be audited at least once each year.
4   Sec. 16.  Section 12.10, Code 2023, is amended to read as
5follows:
   612.10  Deposits by state officers.
   7Except as otherwise provided, all elective and appointive
8state officers, boards, commissions, and departments shall,
9within ten days succeeding the collection, deposit with the
10treasurer of state, or to the credit of the treasurer of state
11in any depository designated by the treasurer of state, ninety
12percent of all fees, commissions, and moneys collected or
13received. The balance actually collected in cash, remaining
14in the hands of any officer, board, or department shall not
15exceed the sum of five thousand dollars and money collected
16shall not be held more than thirty days. This section does not
17apply to the state fair board, the state board of regents, the
18utilities board of the department of commerce, the director of
19the department of health and human services, the Iowa finance
20authority, or to the funds received by the state racing and
21gaming commission under sections 99D.7 and 99D.14.
22   Sec. 17.  Section 12E.3A, subsection 1, Code 2023, is amended
23to read as follows:
   241.  The general assembly reaffirms and reenacts the purposes
25stated for the use of moneys deposited in the healthy Iowans
26tobacco trust, as the purposes were enacted in 2000 Iowa Acts,
27ch.1232, §12, and codified in section 12.65, Code 2007, as
28the purposes for the endowment for Iowa’s health account.
29The purposes include those purposes related to health care,
30substance abuse use disorder treatment and enforcement, tobacco
31use prevention and control, and other purposes related to the
32needs of children, adults, and families in the state.
33   Sec. 18.  Section 15.102, subsection 12, paragraph b,
34subparagraph (1), subparagraph division (d), Code 2023, is
35amended to read as follows:
-10-   1(d)  Psychoactive substance abuse use disorders resulting
2from current illegal use of drugs.
3   Sec. 19.  Section 15H.1A, Code 2023, is amended to read as
4follows:
   515H.1A  Definitions.
   6For purposes of this chapter, unless the context otherwise
7requires:
   81.  “Authority” means the economic development authority
9created in section 15.105.
   102.    1.  “Commission” means the Iowa commission on volunteer
11service created in section 15H.2.
   122.  “Department” means the department of health and human
13services.
   143.  “Director” means the director of the authority health and
15human services
.
16   Sec. 20.  Section 15H.2, subsection 1, Code 2023, is amended
17to read as follows:
   181.  The Iowa commission on volunteer service is created
19within the authority department. The governor shall appoint
20the commission’s members. The director may employ personnel
21as necessary to carry out the duties and responsibilities of
22the commission.
23   Sec. 21.  Section 15H.2, subsection 3, paragraph i, Code
242023, is amended to read as follows:
   25i.  Administer the retired and senior volunteer program.
26   Sec. 22.  Section 15H.4, subsection 1, Code 2023, is amended
27to read as follows:
   281.  The authority department shall serve as the lead agency
29for administration of the commission. The authority department
30 may consult with the department of education, the state board
31of regents, and the department of workforce development for any
32additional administrative support as necessary to fulfill the
33duties of the commission. All other state agencies, at the
34request of the authority department, shall provide assistance
35to the commission to ensure a fully coordinated state effort
-11-1for promoting national and community service.
2   Sec. 23.  Section 15H.5, subsection 5, paragraph a, Code
32023, is amended to read as follows:
   4a.  Funding for the Iowa summer youth corps program, the
5Iowa green corps program established pursuant to section
615H.6, the Iowa reading corps program established pursuant to
7section 15H.7, the RefugeeRISE AmeriCorps program established
8pursuant to section 15H.8, and the Iowa national service
9corps program established pursuant to section 15H.9 shall be
10obtained from private sector, and local, state, and federal
11government sources, or from other available funds credited
12to the community programs account, which shall be created
13within the economic development authority department under the
14authority of the commission. Moneys available in the account
15for a fiscal year are appropriated to the commission to be
16used for the programs. The commission may establish an escrow
17account within the authority department and obligate moneys
18within that escrow account for tuition or program payments to
19be made beyond the term of any fiscal year. Notwithstanding
20section 12C.7, subsection 2, interest earned on moneys in the
21community programs account shall be credited to the account.
22Notwithstanding section 8.33, moneys in the community programs
23account or escrow account shall not revert to the general fund
24but shall remain available for expenditure in future fiscal
25years.
26   Sec. 24.  Section 15H.8, Code 2023, is amended to read as
27follows:
   2815H.8  RefugeeRISE AmeriCorps program.
   291.  a.  The commission, in collaboration with the department
30of human services, shall establish a Refugee Rebuild,
31Integrate, Serve, Empower (RefugeeRISE) AmeriCorps program
32to increase community integration and engagement for diverse
33refugee communities in rural and urban areas across the state.
   34b.  The commission, in collaboration with the department
35of human services, may adopt rules pursuant to chapter 17A to
-12-1implement and administer this section.
   22.  The commission may use moneys in and lawfully available
3to the community programs account created in section 15H.5 to
4fund the program.
   53.  The commission shall submit an annual report to the
6general assembly and the department of human services relating
7to the efficacy of the program.
8   Sec. 25.  Section 15H.10, subsection 6, Code 2023, is amended
9to read as follows:
   106.  Notwithstanding section 8.33, moneys appropriated to
11the economic development authority department for allocation
12to the commission for purposes of this section that remain
13unencumbered or unobligated at the close of a fiscal year
14shall not revert but shall remain available to be used for the
15purposes designated in this section until the close of the
16succeeding fiscal year.
17   Sec. 26.  Section 16.2D, subsection 1, Code 2023, is amended
18to read as follows:
   191.  A council on homelessness is created consisting of twenty
20members, eleven of whom are voting members and nine of whom are
21nonvoting members
. At all times, at least one voting member
22shall be a member of a minority group.
23   Sec. 27.  Section 16.2D, subsection 2, paragraph b, Code
242023, is amended to read as follows:
   25b.  Nine nonvoting Nonvoting agency director members
26consisting of all of the following:
   27(1)  The director of the department of education or the
28director’s designee.
   29(2)  The director of health and human services or the
30director’s designee.
   31(3)  The attorney general or the attorney general’s
32designee.
   33(4)  The director of public health or the director’s
34designee.
   35(5)  The director of the department on aging or the
-13-1director’s designee.
   2(6)    (4)  The director of the department of corrections or
3the director’s designee.
   4(7)    (5)  The director of the department of workforce
5development or the director’s designee.
   6(8)    (6)  The executive director of the Iowa finance
7authority or the executive director’s designee.
   8(9)    (7)  The director of the department of veterans affairs
9or the director’s designee.
10   Sec. 28.  Section 16.3, subsection 9, Code 2023, is amended
11to read as follows:
   129.  The interest costs paid by group homes of fifteen beds or
13less licensed as health care facilities or child foster care
14facilities for facility acquisition and indirectly reimbursed
15by the department of health and human services through payments
16for patients at those facilities who are recipients of medical
17assistance or state supplementary assistance are severe drains
18on the state’s budget. A reduction in these costs obtained
19through financing with tax-exempt revenue bonds would clearly
20be in the public interest.
21   Sec. 29.  Section 16.47, subsection 3, Code 2023, is amended
22to read as follows:
   233.  The authority, in cooperation with the department on
24aging
 of health and human services, shall annually allocate
25moneys available in the home and community-based services
26revolving loan program fund to develop and expand facilities
27and infrastructure that provide adult day services, respite
28services, congregate meals, and programming space for health
29and wellness, health screening, and nutritional assessments
30that address the needs of persons with low incomes.
31   Sec. 30.  Section 16.48, subsections 1 and 3, Code 2023, are
32amended to read as follows:
   331.  A transitional housing revolving loan program fund is
34created within the authority to further the availability of
35affordable housing for parents that are reuniting with their
-14-1children while completing or participating in substance abuse
2
 use disorder treatment. The moneys in the fund are annually
3appropriated to the authority to be used for the development
4and operation of a revolving loan program to provide financing
5to construct affordable transitional housing, including through
6new construction or acquisition and rehabilitation of existing
7housing. The housing provided shall be geographically located
8in close proximity to licensed substance abuse use disorder
9 treatment programs. Preference in funding shall be given to
10projects that reunite mothers with the mothers’ children.
   113.  The authority shall annually allocate moneys available
12in the transitional housing revolving loan program fund for the
13development of affordable transitional housing for parents that
14are reuniting with the parents’ children while completing or
15participating in substance abuse use disorder treatment. The
16authority shall develop a joint application process for the
17allocation of federal low-income housing tax credits and the
18funds available under this section. Moneys allocated to such
19projects may be in the form of loans, grants, or a combination
20of loans and grants.
21   Sec. 31.  Section 16.49, subsection 4, Code 2023, is amended
22to read as follows:
   234.  a.  A project shall demonstrate written approval of the
24project by the department of health and human services to the
25authority prior to application for funding under this section.
   26b.  In order to be approved by the department of health and
27 human services for application for funding for development of
28permanent supportive housing under this section, a project
29shall include all of the following components:
   30(1)  Provision of services to any of the following Medicaid
31waiver-eligible individuals:
   32(a)  Individuals who are currently underserved in community
33placements, including individuals who are physically aggressive
34or have behaviors that are difficult to manage or individuals
35who meet the psychiatric medical institution for children level
-15-1of care.
   2(b)  Individuals who are currently residing in out-of-state
3facilities.
   4(c)  Individuals who are currently receiving care in a
5licensed health care facility.
   6(2)  A plan to provide each individual with crisis
7stabilization services to ensure that the individual’s
8behavioral issues are appropriately addressed by the provider.
   9(3)  Policies and procedures that prohibit discharge of the
10individual from the waiver services provided by the project
11provider unless an alternative placement that is acceptable to
12the client or the client’s guardian is identified.
   13c.  In order to be approved by the department of health and
14 human services for application for funding for development of
15infrastructure in which to provide supportive services under
16this section, a project shall include all of the following
17components:
   18(1)  Provision of services to Medicaid waiver-eligible
19individuals who meet the psychiatric medical institution for
20children level of care.
   21(2)  Policies and procedures that prohibit discharge of the
22individual from the waiver services provided by the project
23provider unless an alternative placement that is acceptable to
24the client or the client’s guardian is identified.
   25d.  Housing provided through a project under this section is
26exempt from the requirements of chapter 135O.
27   Sec. 32.  Section 22.7, subsections 2, 16, 35, 61, and 62,
28Code 2023, are amended to read as follows:
   292.  Hospital records, medical records, and professional
30counselor records of the condition, diagnosis, care, or
31treatment of a patient or former patient or a counselee or
32former counselee, including outpatient. However, confidential
33communications between a crime victim and the victim’s
34counselor are not subject to disclosure except as provided in
35section 915.20A. However, the Iowa department of public health
-16- 1and human services shall adopt rules which provide for the
2sharing of information among agencies and providers concerning
3the maternal and child health program including but not limited
4to the statewide child immunization information system, while
5maintaining an individual’s confidentiality.
   616.  Information in a report to the Iowa department of public
7 health and human services, to a local board of health, or to
8a local health department, which identifies a person infected
9with a reportable disease.
   1035.  Records of the Iowa department of public health and
11human services
pertaining to participants in the gambling
12treatment program except as otherwise provided in this chapter.
   1361.  Records of the department on aging of health and human
14services
pertaining to clients served by the state office or a
15local office of public guardian as defined in section 231E.3.
   1662.  Records maintained by the department on aging of health
17and human services
or office of long-term care ombudsman that
18disclose the identity of a complainant, resident, tenant, or
19individual receiving services provided by the department on
20aging
 of health and human services, an area agency on aging,
21or the office of long-term care ombudsman, unless disclosure
22is otherwise allowed under section 231.42, subsection 12,
23paragraph “a”.
24   Sec. 33.  Section 23A.2, subsection 10, paragraph l,
25unnumbered paragraph 1, Code 2023, is amended to read as
26follows:
   27The offering of goods and services to the public as part
28of a client training program operated by a state resource
29center under the control of the department of health and human
30services provided that all of the following conditions are met:
31   Sec. 34.  Section 23A.2, subsection 10, paragraph l,
32subparagraph (1), Code 2023, is amended to read as follows:
   33(1)  Any off-campus vocational or employment training
34program developed or operated by the department of health and
35 human services for clients of a state resource center is a
-17-1supported vocational training program or a supported employment
2program offered by a community-based provider of services or
3other employer in the community.
4   Sec. 35.  Section 28M.1, subsection 7, Code 2023, is amended
5to read as follows:
   67.  “Transportation” means the movement of individuals in
7a four or more wheeled motorized vehicle designed to carry
8passengers, including a car, van, or bus, or the carrying
9of individuals upon cars operated upon stationary rails,
10between one geographic point and another geographic point.
11“Transportation” does not include emergency or incidental
12transportation or transportation conducted by the department of
 13health and human services at its institutions.
14   Sec. 36.  Section 35A.5, subsection 5, paragraph a, Code
152023, is amended to read as follows:
   16a.  Coordinate with United States department of veterans
17affairs hospitals, health care facilities, and clinics in this
18state and the department of public health and human services
19 to provide assistance to veterans and their families to reduce
20the incidence of alcohol and chemical dependency and suicide
21among veterans and to make mental health counseling available
22to veterans.
23   Sec. 37.  Section 35D.14A, Code 2023, is amended to read as
24follows:
   2535D.14A  Volunteer record checks.
   261.  Persons who are potential volunteers or volunteers in
27the Iowa veterans home in a position having direct individual
28contact with patients or residents of the home shall be subject
29to criminal history and child and dependent adult abuse record
30checks in accordance with this section. The Iowa veterans home
31shall request that the department of public safety perform the
32criminal history check and the record check evaluation system
33of the
department of health and human services perform child
34and dependent adult abuse record checks of the person in this
35state and may request these checks in other states.
-18-
   12.  a.  If it is determined that a person has been convicted
2of a crime under a law of any state or has a record of
3founded child or dependent adult abuse, the person shall not
4participate as a volunteer with direct individual contact
5with patients or residents of the Iowa veterans home unless
6an evaluation has been performed by the department of human
7services
 record check evaluation system to determine whether
8the crime or founded child or dependent adult abuse warrants
9prohibition of the person’s participation as a volunteer in the
10Iowa veterans home. The department of human services record
11check evaluation system
shall perform such evaluation upon the
12request of the Iowa veterans home.
   13b.  In an evaluation, the department of human services
14
 record check evaluation system shall consider the nature and
15seriousness of the crime or founded child or dependent adult
16abuse in relation to the position sought or held, the time
17elapsed since the commission of the crime or founded child or
18dependent adult abuse, the circumstances under which the crime
19or founded child or dependent adult abuse was committed, the
20degree of rehabilitation, the likelihood that the person will
21commit the crime or founded child or dependent adult abuse
22again, and the number of crimes or founded child or dependent
23adult abuses committed by the person involved.
   24c.  If the department of human services record check
25evaluation system
performs an evaluation for the purposes of
26this section, the department of human services record check
27evaluation system
has final authority in determining whether
28prohibition of the person’s participation as a volunteer is
29warranted. The department of human services record check
30evaluation system
may permit a person who is evaluated to
31participate as a volunteer if the person complies with the
32department’s record check evaluation system’s conditions
33relating to participation as a volunteer which may include
34completion of additional training.
35   Sec. 38.  Section 47.7, subsection 2, paragraph a, Code 2023,
-19-1is amended to read as follows:
   2a.  On or before January 1, 2006, the state registrar of
3voters shall implement in a uniform and nondiscriminatory
4manner, a single, uniform, official, centralized, interactive
5computerized statewide voter registration file defined,
6maintained, and administered at the state level that contains
7the name and registration information of every legally
8registered voter in the state and assigns a unique identifier
9to each legally registered voter in the state. The state voter
10registration system shall be coordinated with other agency
11databases within the state, including, but not limited to,
12state department of transportation driver’s license records,
13judicial records of convicted felons and persons declared
14incompetent to vote, and Iowa department of public health and
15human services
records of deceased persons.
16   Sec. 39.  Section 48A.19, subsection 1, Code 2023, is amended
17to read as follows:
   181.  The following state agencies are responsible for voter
19registration:
   20a.  All state offices that have direct client contact and
21provide applications for public assistance, including but not
22limited to offices administering the following programs:
   23(1)  Food stamps The supplemental nutrition assistance
24program
.
   25(2)  Medical The medical assistance program under chapter
26249A.
   27(3)  Iowa The Iowa family investment program.
   28(4)  Special The special supplemental nutrition program for
29women, infants, and children.
   30b.  (1)  All offices that provide state-funded programs
31primarily engaged in providing services to persons with
32disabilities, including but not limited to all of the
33following:
   34(a)  Department for the blind.
   35(b)  Division of vocational rehabilitation services of the
-20-1department of education workforce development.
   2(c)  Office of deaf services of the department of health and
3 human rights services or its successor agency.
   4(d)  Office of persons with disabilities of the department of
 5health and human rights services or its successor agency.
   6(2)  An agency designated a voter registration agency
7under this paragraph which provides services to persons with
8disabilities in their homes shall provide voter registration
9services at the clients’ homes.
   10c.  Other federal and state agencies designated to provide
11voter registration services include, but are not limited to,
12the United States armed forces recruiting offices.
13   Sec. 40.  Section 48A.31, Code 2023, is amended to read as
14follows:
   1548A.31  Deceased persons record.
   16The state registrar of vital statistics shall transmit
17or cause to be transmitted to the state registrar of voters,
18once each calendar quarter, a certified list of all persons
19seventeen years of age and older in the state whose deaths have
20been reported to the bureau state registrar of vital records
21of the Iowa department of public health
 statistics since the
22previous list of decedents was certified to the state registrar
23of voters. The list shall be submitted according to the
24specifications of the state registrar of voters and shall be
25transmitted to the state registrar of voters without charge
26for production or transmission. The commissioner shall, in
27the month following the end of a calendar quarter, run the
28statewide voter registration system’s matching program to
29determine whether a listed decedent was registered to vote in
30the county and shall immediately cancel the registration of any
31person named on the list of decedents.
32   Sec. 41.  Section 68B.2, subsection 23, Code 2023, is amended
33to read as follows:
   3423.  “Regulatory agency” means the department of agriculture
35and land stewardship, department of workforce development,
-21-1department of commerce, Iowa department of public health,
2 department of public safety, department of education, state
3board of regents, department of health and human services,
4department of revenue, department of inspections and appeals,
5department of administrative services, public employment
6relations board, state department of transportation, civil
7rights commission, department of public defense, department of
8homeland security and emergency management, Iowa ethics and
9campaign disclosure board, and department of natural resources.
10   Sec. 42.  Section 80.9B, subsections 3 and 7, Code 2023, are
11amended to read as follows:
   123.  The provisions of chapter 141A also do not apply to
13the transmission of the same information from either or
14both information systems to employees of state correctional
15institutions subject to the jurisdiction of the department
16of corrections, employees of secure facilities for juveniles
17subject to the jurisdiction of the department of health and
18 human services, and employees of city and county jails, if
19those employees have direct physical supervision over inmates
20of those facilities or institutions.
   217.  The commissioner shall develop and establish, in
22cooperation with the department of corrections and the
23department of public health and human services, training
24programs and program criteria for persons receiving human
25immunodeficiency virus-related information through the Iowa
26criminal justice information system or the national crime
27information center system.
28   Sec. 43.  Section 80.28, subsection 2, paragraph a,
29subparagraph (6), Code 2023, is amended to read as follows:
   30(6)  One member representing the Iowa department of public
31 health and human services.
32   Sec. 44.  Section 80B.11C, Code 2023, is amended to read as
33follows:
   3480B.11C  Public safety telecommunicator training standards.
   35The director of the academy, subject to the approval of
-22-1the council, in consultation with the Iowa state sheriffs’
2and deputies’ association, the Iowa police executive forum,
3the Iowa peace officers association, the Iowa state police
4association, the Iowa professional fire fighters, the Iowa
5emergency medical services association, the joint council of
6Iowa fire service organizations, the Iowa department of public
7safety, the Iowa chapter of the association of public-safety
8communications officials—international, inc., the Iowa chapter
9of the national emergency number association, the department
10of homeland security and emergency management, and the Iowa
11 department of public health and human services, shall adopt
12rules pursuant to chapter 17A establishing minimum standards
13for training of public safety telecommunicators. “Public
14safety telecommunicator”
means a person who serves as a first
15responder by receiving requests for, or by dispatching requests
16to, emergency response agencies which include but are not
17limited to law enforcement, fire, rescue, and emergency medical
18services agencies.
19   Sec. 45.  Section 80E.2, Code 2023, is amended to read as
20follows:
   2180E.2  Drug policy advisory council — membership — duties.
   221.  An Iowa drug policy advisory council is established which
23shall consist of the following seventeen members:
   24a.  The drug policy coordinator director, who shall serve as
25chairperson of the council.
   26b.  The director of the department of corrections, or the
27director’s designee.
   28c.  The director of the department of education, or the
29director’s designee.
   30d.  The director of the department of public health and human
31services
, or the director’s designee.
   32e.  The commissioner of public safety, or the commissioner’s
33designee.
   34f.  The director of the department of human services, or the
35director’s designee.
-23-
   1g.  The director of the division of criminal and juvenile
2justice planning in the department of human rights, or the
3division director’s designee.
   4h.    f.  The state public defender, or the state public
5defender’s designee.
   6i.    g.  A prosecuting attorney.
   7j.    h.  A certified alcohol and drug counselor.
   8k.    i.  A certified substance abuse use disorder prevention
9specialist.
   10l.    j.  A substance use disorder treatment program director.
   11m.    k.  A justice of the Iowa supreme court, or judge, as
12designated by the chief justice of the supreme court.
   13n.    l.  A member representing the Iowa peace officers
14association.
   15o.    m.  A member representing the Iowa state police
16association.
   17p.    n.  A member representing the Iowa state sheriffs’ and
18deputies’ association.
   19q.    o.  A police chief.
   202.  The prosecuting attorney, certified alcohol and drug
21counselor, certified substance abuse use disorder prevention
22specialist, substance use disorder treatment program director,
23member representing the Iowa peace officers association,
24member representing the Iowa state police association, the
25member representing the Iowa state sheriffs’ and deputies’
26association, and the member who is a police chief shall be
27appointed by the governor, subject to senate confirmation, for
28four-year terms beginning and ending as provided in section
2969.19. A vacancy on the council shall be filled for the
30unexpired term in the same manner as the original appointment
31was made.
   323.  The council shall make policy recommendations to
33the appropriate departments concerning the administration,
34development, and coordination of programs related to substance
35abuse use disorder education, prevention, treatment, and
-24-1enforcement.
   24.  The members of the council shall be reimbursed for actual
3and necessary travel and related expenses incurred in the
4discharge of official duties. Each member of the council may
5also be eligible to receive compensation as provided in section
67E.6.
   75.  The council shall meet at least semiannually throughout
8the year.
   96.  A majority of the members of the council constitutes a
10quorum, and a majority of the total membership of the council
11is necessary to act in any matter within the jurisdiction of
12the council.
13   Sec. 46.  Section 84A.1A, subsection 1, paragraph b, Code
142023, is amended to read as follows:
   15b.  The nonvoting members of the Iowa workforce development
16board shall include the following:
   17(1)  One state senator appointed by the minority leader of
18the senate, who shall serve for a term as provided in section
1969.16B.
   20(2)  One state representative appointed by the minority
21leader of the house of representatives, who shall serve for a
22term as provided in section 69.16B.
   23(3)  One president, or the president’s designee, of the
24university of northern Iowa, the university of Iowa, or Iowa
25state university of science and technology, designated by the
26state board of regents on a rotating basis.
   27(4)  One president, or the president’s designee, of an
28independent Iowa college, appointed by the Iowa association of
29independent colleges and universities.
   30(5)  One president or president’s designee, of a community
31college, appointed by the Iowa association of community college
32presidents.
   33(6)  One representative of the economic development
34authority, appointed by the director.
   35(7)  One representative of the department on aging,
-25-1appointed by the director.
   2(8)    (7)  One representative of the department of
3corrections, appointed by the director.
   4(9)    (8)  One representative of the department of health and
5 human services, appointed by the director.
   6(10)    (9)  One representative of the United States department
7of labor, office of apprenticeship.
   8(11)    (10)  One representative from the largest statewide
9public employees’ organization representing state employees.
   10(12)    (11)  One representative of a statewide labor
11organization representing employees in the construction
12industry.
   13(13)    (12)  One representative of a statewide labor
14organization representing employees in the manufacturing
15industry.
16   Sec. 47.  Section 84A.6, subsections 2 and 3, Code 2023, are
17amended to read as follows:
   182.  a.  The director of the department of workforce
19development, in cooperation with the department of health
20and
human services, shall provide job placement and training
21to persons referred by the department of health and human
22services under the promoting independence and self-sufficiency
23through employment job opportunities and basic skills program
24established pursuant to chapter 239B and the food stamp
25
 supplemental nutrition assistance program employment and
26training program.
   27b.  The department of workforce development, in consultation
28with the department of health and human services, shall develop
29and implement departmental recruitment and employment practices
30that address the needs of former and current participants in
31the family investment program under chapter 239B.
   323.  The director of the department of workforce development,
33in cooperation with the department of health and human rights
34
 services and the vocational rehabilitation services division
35of the department of education workforce development, shall
-26-1establish a program to provide job placement and training to
2persons with disabilities.
3   Sec. 48.  Section 84A.9, Code 2023, is amended to read as
4follows:
   584A.9  Statewide mentoring program.
   6A statewide mentoring program is established to recruit,
7screen, train, and match individuals in a mentoring
8relationship. The department of workforce development shall
9administer the program in collaboration with the departments
10of health and human services, and education, and human rights.
11The availability of the program is subject to the funding
12appropriated for the purposes of the program.
13   Sec. 49.  Section 84A.11, subsection 2, Code 2023, is amended
14to read as follows:
   152.  The department of workforce development shall consult
16with the board of nursing, the department of public health
 17and human services, the department of education, and other
18appropriate entities in developing recommendations to determine
19options for additional data collection.
20   Sec. 50.  Section 84B.1, Code 2023, is amended to read as
21follows:
   2284B.1  Workforce development system.
   23The departments of workforce development, education,
 24health and human services, and corrections, the economic
25development authority, the department on aging, the division
26of Iowa vocational rehabilitation services of the department
27of education workforce development, and the department for
28the blind shall collaborate where possible under applicable
29state and federal law to align workforce development programs,
30services, and activities in an integrated workforce development
31system in the state and in each local workforce development
32area that is data driven and responsive to the needs of
33workers, job seekers, and employers. The departments,
34authority, and division shall also jointly establish an
35integrated management information system for linking workforce
-27-1development programs within local workforce development systems
2and in the state.
3   Sec. 51.  Section 84B.2, unnumbered paragraph 1, Code 2023,
4is amended to read as follows:
   5The department of workforce development, in consultation
6with the departments of education, health and human services,
7and corrections, the economic development authority,
8the department on aging, the division of Iowa vocational
9rehabilitation services of the department of education
10
 workforce development, and the department for the blind
11shall establish guidelines for colocating state and federal
12employment and training programs in centers providing services
13at the local level. The centers shall be known as workforce
14development centers. The guidelines shall provide for local
15design and operation within the guidelines. The core services
16available at a center shall include but are not limited to all
17of the following:
18   Sec. 52.  Section 85.38, subsection 4, Code 2023, is amended
19to read as follows:
   204.  Lien for hospital and medical services under chapter
21249A.
  In the event any hospital or medical services as provided
22in section 85.27 are paid by the state department of health and
23 human services on behalf of an employee who is entitled to such
24benefits under the provisions of this chapter or chapter 85A or
2585B, a lien shall exist as respects the right of such employee
26to benefits as described in section 85.27.
27   Sec. 53.  Section 85.60, Code 2023, is amended to read as
28follows:
   2985.60  Injuries while in work-based learning opportunity,
30employment training, or evaluation.
   31A person participating in a work-based learning opportunity
32referred to in section 85.61, or receiving earnings while
33engaged in employment training or while undergoing an
34employment evaluation under the direction of a rehabilitation
35facility approved for purchase-of-service contracts or for
-28-1referrals by the department of health and human services or the
2department of education, who sustains an injury arising out
3of and in the course of the work-based learning opportunity
4participation, employment training, or employment evaluation
5is entitled to benefits as provided in this chapter, chapter
685A, chapter 85B, and chapter 86. Notwithstanding the minimum
7benefit provisions of this chapter, a person referred to in
8this section and entitled to benefits under this chapter is
9entitled to receive a minimum weekly benefit amount for a
10permanent partial disability under section 85.34, subsection
112, or for a permanent total disability under section 85.34,
12subsection 3, equal to the weekly benefit amount of a person
13whose gross weekly earnings are thirty-five percent of the
14statewide average weekly wage computed pursuant to section 96.3
15and in effect at the time of the injury.
16   Sec. 54.  Section 85.61, subsection 3, paragraph b, Code
172023, is amended to read as follows:
   18b.  A rehabilitation facility approved for
19purchase-of-service contracts or for referrals by the
20department of health and human services or the department of
21education.
22   Sec. 55.  Section 85A.11, subsection 2, Code 2023, is amended
23to read as follows:
   242.  The specimens for the tests required by this section
25must be taken by a licensed practicing physician or osteopathic
26physician, and immediately delivered to the state hygienic
27laboratory of the Iowa department of public health at Iowa
28City
. Each specimen shall be in a container upon which is
29plainly printed the name and address of the subject, the date
30when the specimen was taken, the name and address of the
31subject’s employer, and a certificate by the physician or
32osteopathic physician that the physician took the specimen
33from the named subject on the date stated over the physician’s
34signature and address.
35   Sec. 56.  Section 85A.20, Code 2023, is amended to read as
-29-1follows:
   285A.20  Investigation.
   3The workers’ compensation commissioner may designate
4the industrial hygiene physician medical director of the
5Iowa department of public health and human services and two
6physicians selected by the dean of the university of Iowa
7college of medicine, from the staff of the college, who shall
8be qualified to diagnose and report on occupational diseases.
9For the purpose of investigating occupational diseases, the
10physicians shall have the use, without charge, of all necessary
11laboratory and other facilities of the university of Iowa
12college of medicine and of the university hospital at the state
13university of Iowa, and of the Iowa department of public health
 14and human services in performing the physicians’ duties.
15   Sec. 57.  Section 89.4, subsection 1, paragraph h, Code 2023,
16is amended to read as follows:
   17h.  Hot water heating boilers used for heating pools or spas
18regulated by the department of public health  inspections,
19appeals, and licensing
pursuant to chapter 135I.
20   Sec. 58.  Section 89B.17, subsection 1, unnumbered paragraph
211, Code 2023, is amended to read as follows:
   22The director of public health and human services, the labor
23commissioner, and the director of the department of natural
24resources or the director’s designee under written signatures
25of all these parties may recommend any of the following
26actions:
27   Sec. 59.  Section 92.17, subsection 3, Code 2023, is amended
28to read as follows:
   293.  A child from working in any occupation or business
30operated by the child’s parents. For the purposes of this
31subsection, “child” and “parents” include a foster child and the
32child’s foster parents who are licensed by the department of
 33health and human services.
34   Sec. 60.  Section 96.3, subsections 9 and 11, Code 2023, are
35amended to read as follows:
-30-   19.  Child support intercept.
   2a.  An individual filing a claim for benefits under section
396.6, subsection 1, shall, at the time of filing, disclose
4whether the individual owes a child support obligation which
5is being enforced by the child support recovery unit services
6 established in section 252B.2. If an individual discloses that
7such a child support obligation is owed and the individual is
8determined to be eligible for benefits under this chapter,
9the department shall notify the child support recovery unit
10
 services of the individual’s disclosure and deduct and withhold
11from benefits payable to the individual the amount specified
12by the individual.
   13b.  However, if the child support recovery unit services
14 and an individual owing a child support obligation reach an
15agreement to have specified amounts deducted and withheld from
16the individual’s benefits and the child support recovery unit
17
 services submits a copy of the agreement to the department, the
18department shall deduct and withhold the specified amounts.
   19c.  (1)  However, if the department is notified of income
20withholding by the child support recovery unit services under
21chapter 252D or section 598.22 or 598.23 or if income is
22garnisheed by the child support recovery unit services under
23chapter 642 and an individual’s benefits are condemned to the
24satisfaction of the child support obligation being enforced by
25the child support recovery unit services, the department shall
26deduct and withhold from the individual’s benefits that amount
27required through legal process.
   28(2)  Notwithstanding section 642.2, subsections 2, 3,
296, and 7, which restrict garnishments under chapter 642 to
30wages of public employees, the department may be garnisheed
31under chapter 642 by the child support recovery unit services
32 established in section 252B.2, pursuant to a judgment for child
33support against an individual eligible for benefits under this
34chapter.
   35(3)  Notwithstanding section 96.15, benefits under this
-31-1chapter are not exempt from income withholding, garnishment,
2attachment, or execution if withheld for or garnisheed by the
3 child support recovery unit services, established in section
4252B.2, or if an income withholding order or notice of the
5income withholding order under section 598.22 or 598.23 is
6being enforced by the child support recovery unit services to
7satisfy the child support obligation of an individual who is
8eligible for benefits under this chapter.
   9d.  An amount deducted and withheld under paragraph “a”, “b”,
10or “c” shall be paid by the department to the child support
11recovery unit services, and shall be treated as if it were paid
12to the individual as benefits under this chapter and as if it
13were paid by the individual to the child support recovery unit
14
 services in satisfaction of the individual’s child support
15obligations.
   16e.  If an agreement for reimbursement has been made, the
17department shall be reimbursed by the child support recovery
18unit
 services for the administrative costs incurred by the
19department under this section which are attributable to the
20enforcement of child support obligations by the child support
21recovery unit services.
   2211.  Overissuance of food stamp supplemental nutrition
23assistance program
benefits.
  The department shall collect any
24overissuance of food stamp supplemental nutrition assistance
25program
benefits by offsetting the amount of the overissuance
26from the benefits payable under this chapter to the individual.
27This subsection shall only apply if the department is
28reimbursed under an agreement with the department of health and
29 human services for administrative costs incurred in recouping
30the overissuance. The provisions of section 96.15 do not apply
31to this subsection.
32   Sec. 61.  Section 97B.49B, subsection 1, paragraph e,
33subparagraph (16), Code 2023, is amended to read as follows:
   34(16)  A person employed by the department of health and
35 human services as a psychiatric security specialist at a civil
-32-1commitment unit for sexually violent offenders facility.
2   Sec. 62.  Section 99D.7, subsections 22 and 23, Code 2023,
3are amended to read as follows:
   422.  To cooperate with the gambling treatment program
5administered by the Iowa department of public health and human
6services
to incorporate information regarding the gambling
7treatment program and its toll-free telephone number in printed
8materials distributed by the commission. The commission may
9require licensees to have the information available in a
10conspicuous place as a condition of licensure.
   1123.  To establish a process to allow a person to be
12voluntarily excluded from advance deposit wagering as defined
13in section 99D.11, from an internet fantasy sports contest as
14defined in section 99E.1, from advance deposit sports wagering
15as defined in section 99F.9, and from the wagering area of
16a racetrack enclosure, from the gaming floor, and from the
17sports wagering area, as defined in section 99F.1, of all
18other licensed facilities under this chapter and chapter 99F
19as provided in this subsection. The process shall provide
20that an initial request by a person to be voluntarily excluded
21shall be for a period of five years or life and any subsequent
22request following any five-year period shall be for a period of
23five years or life. The process established shall require that
24licensees be provided electronic access to names and social
25security numbers of persons voluntarily excluded through a
26secured interactive internet site maintained by the commission
27and information regarding persons voluntarily excluded shall
28be disseminated to all licensees under this chapter, chapter
2999E, and chapter 99F. The names, social security numbers, and
30information regarding persons voluntarily excluded shall be
31kept confidential unless otherwise ordered by a court or by
32another person duly authorized to release such information.
33The process established shall also require a person requesting
34to be voluntarily excluded be provided information compiled
35by the Iowa department of public health and human services
-33-1 on gambling treatment options. The state and any licensee
2under this chapter, chapter 99E, or chapter 99F shall not be
3liable to any person for any claim which may arise from this
4process. In addition to any other penalty provided by law, any
5money or thing of value that has been obtained by, or is owed
6to, a voluntarily excluded person as a result of wagers made
7by the person after the person has been voluntarily excluded
8shall be forfeited by the person and shall be credited to the
9general fund of the state. The commission shall not initiate
10any administrative action or impose penalties on a licensee who
11voluntarily reports to the commission activity described in
12section 99D.24, subsection 4, paragraph “c”.
13   Sec. 63.  Section 99D.9, subsection 6, paragraph b, Code
142023, is amended to read as follows:
   15b.  A licensee shall not permit a financial institution,
16vendor, or other person to dispense cash or credit through an
17electronic or mechanical device including but not limited to a
18satellite terminal as defined in section 527.2, that is located
19in the wagering area. However, this paragraph shall not apply
20to cashless wagering systems where a person accesses a cash
21account through a mobile application used by the licensee
22to conduct cashless wagering. The mobile application shall
23include the statewide telephone number authorized by the Iowa
24 department of public health and human services to provide
25problem gambling information and extensive responsible gaming
26features in addition to those described in section 99D.7,
27subsection 23.
28   Sec. 64.  Section 99E.5, subsection 2, paragraph d, Code
292023, is amended to read as follows:
   30d.  Include on the internet site or mobile application used
31by the licensee to conduct internet fantasy sports contests the
32statewide telephone number authorized by the Iowa department of
33public health and human services to provide problem gambling
34information and extensive responsible gaming features in
35addition to those described in section 99F.4, subsection 22.
-34-
1   Sec. 65.  Section 99F.4, subsection 22, Code 2023, is amended
2to read as follows:
   322.  To establish a process to allow a person to be
4voluntarily excluded from advance deposit wagering as defined
5in section 99D.11, from an internet fantasy sports contest
6as defined in section 99E.1, from advance deposit sports
7wagering as defined in section 99F.9, from the gaming floor
8and sports wagering area of an excursion gambling boat, from
9the wagering area, as defined in section 99D.2, and from the
10gaming floor and sports wagering area of all other licensed
11facilities under this chapter and chapter 99D as provided in
12this subsection. The process shall provide that an initial
13request by a person to be voluntarily excluded shall be for
14a period of five years or life and any subsequent request
15following any five-year period shall be for a period of five
16years or life. The process established shall require that
17licensees be provided electronic access to names and social
18security numbers of persons voluntarily excluded through a
19secured interactive internet site maintained by the commission
20and information regarding persons voluntarily excluded shall
21be disseminated to all licensees under this chapter, chapter
2299D, and chapter 99E. The names, social security numbers, and
23information regarding persons voluntarily excluded shall be
24kept confidential unless otherwise ordered by a court or by
25another person duly authorized to release such information.
26The process established shall also require a person requesting
27to be voluntarily excluded be provided information compiled
28by the Iowa department of public health and human services
29 on gambling treatment options. The state and any licensee
30under this chapter, chapter 99D, or chapter 99E shall not be
31liable to any person for any claim which may arise from this
32process. In addition to any other penalty provided by law, any
33money or thing of value that has been obtained by, or is owed
34to, a voluntarily excluded person as a result of wagers made
35by the person after the person has been voluntarily excluded
-35-1shall be forfeited by the person and shall be credited to the
2general fund of the state. The commission shall not initiate
3any administrative action or impose penalties on a licensee who
4voluntarily reports to the commission activity described in
5section 99F.15, subsection 4, paragraph “n”.
6   Sec. 66.  Section 99F.7, subsection 10, paragraph b, Code
72023, is amended to read as follows:
   8b.  A licensee shall not permit a financial institution,
9vendor, or other person to dispense cash or credit through an
10electronic or mechanical device including but not limited to
11a satellite terminal, as defined in section 527.2, that is
12located on the gaming floor. However, this paragraph shall not
13apply to cashless wagering systems where a person accesses a
14cash account through a mobile application used by the licensee
15to conduct cashless wagering. The mobile application shall
16include the statewide telephone number authorized by the Iowa
17 department of public health and human services to provide
18problem gambling information and extensive responsible gaming
19features in addition to those described in section 99F.4,
20subsection 22.
21   Sec. 67.  Section 99F.7A, subsection 2, paragraph a, Code
222023, is amended to read as follows:
   23a.  Include on the internet site or mobile application used
24by the licensee to conduct advance deposit sports wagering as
25authorized in section 99F.9 the statewide telephone number
26authorized by the Iowa department of public health and human
27services
to provide problem gambling information and extensive
28responsible gaming features in addition to those described in
29section 99F.4, subsection 22.
30   Sec. 68.  Section 100C.1, subsection 1, Code 2023, is amended
31to read as follows:
   321.  “Alarm system” means a system or portion of a combination
33system that consists of components and circuits arranged to
34monitor and annunciate the status of a fire alarm, security
35alarm, or nurse call or supervisory signal-initiating devices
-36-1and to initiate the appropriate response to those signals,
2but does not mean any such security system or portion of a
3combination system installed in a prison, jail, or detention
4facility owned by the state, a political subdivision of the
5state, the department of health and human services, or the Iowa
6veterans home.
7   Sec. 69.  Section 101C.3, subsection 1, Code 2023, is amended
8to read as follows:
   91.  The Iowa propane education and research council is
10established. The council shall consist of ten voting members,
11nine of whom represent retail propane marketers and one of whom
12shall be the administrator of the division of a representative
13of the department of health and human services responsible
14for
community action agencies of the department of human
15rights
. Members of the council other than the administrator
16
 representing retail propane marketers shall be appointed by the
17fire marshal from a list of nominees submitted by qualified
18propane industry organizations by December 15 of each year. A
19vacancy in the unfinished term of a council member shall be
20filled for the remainder of the term in the same manner as the
21original appointment was made. Other than the administrator,
22council
 Council members representing retail propane marketers
23 shall be full-time employees or owners of a propane industry
24business or representatives of an agricultural cooperative
25actively engaged in the propane industry. An employee of a
26qualified propane industry organization shall not serve as a
27member of the council. An officer of the board of directors of
28a qualified propane industry organization or propane industry
29trade association shall not serve concurrently as a member of
30the council. The fire marshal or a designee may serve as an ex
31officio, nonvoting member of the council.
32   Sec. 70.  Section 123.47, subsection 4, paragraph a,
33subparagraph (2), Code 2023, is amended to read as follows:
   34(2)  A second offense shall be a simple misdemeanor
35punishable by a fine of five hundred dollars. In addition to
-37-1any other applicable penalty, the person in violation of this
2section shall choose between either completing a substance
3abuse use disorder evaluation or the suspension of the person’s
4motor vehicle operating privileges for a period not to exceed
5one year.
6   Sec. 71.  Section 124.409, subsection 1, Code 2023, is
7amended to read as follows:
   81.  Whenever the court finds that a person who is charged
9with a violation of section 124.401 and who consents thereto,
10or who has entered a plea of guilty to or been found guilty of
11a violation of that section, is addicted to, dependent upon,
12or a chronic abuser user of any controlled substance and that
13such person will be aided by proper medical treatment and
14rehabilitative services, the court may order that the person
15be committed as an in-patient or out-patient to a facility
16licensed by the Iowa department of public health and human
17services
for medical treatment and rehabilitative services.
18   Sec. 72.  Section 124.504, subsection 3, Code 2023, is
19amended to read as follows:
   203.  A practitioner engaged in medical practice or research
21or the Iowa drug abuse substance use disorder authority or
22any program which is licensed by the authority shall not be
23required to furnish the name or identity of a patient or
24research subject to the board or the department, nor shall the
25practitioner or the authority or any program which is licensed
26by the authority be compelled in any state or local civil,
27criminal, administrative, legislative or other proceedings
28to furnish the name or identity of an individual that the
29practitioner or the authority or any of its licensed programs
30is obligated to keep confidential.
31   Sec. 73.  Section 124.551, subsection 2, paragraph a,
32unnumbered paragraph 1, Code 2023, is amended to read as
33follows:
   34The program shall collect from pharmacies dispensing
35information for controlled substances identified pursuant
-38-1to section 124.554, subsection 1, paragraph “g”, and from
2first responders as defined in section 147A.1, subsection
37, with the exception of emergency medical care providers
4as defined in section 147A.1, subsection 4, administration
5information for opioid antagonists. The department of public
6 health and human services shall provide information for the
7administration of opioid antagonists to the board as prescribed
8by rule for emergency medical care providers as defined in
9section 147A.1, subsection 4. The board shall adopt rules
10requiring the following information to be provided regarding
11the administration of opioid antagonists:
12   Sec. 74.  Section 124.556, Code 2023, is amended to read as
13follows:
   14124.556  Education and treatment.
   15The program shall include education initiatives and outreach
16to consumers, prescribing practitioners, and pharmacists, and
17shall also include assistance for identifying substance abuse
18
 use disorder treatment programs and providers. The program
19shall also include educational updates and information on
20general patient risk factors for prescribing practitioners.
21The board and advisory council shall adopt rules, as provided
22under section 124.554, to implement this section.
23   Sec. 75.  Section 124E.2, subsections 3 and 8, Code 2023, are
24amended to read as follows:
   253.  “Department” means the department of public health and
26human services
.
   278.  “Laboratory” means the state hygienic laboratory
28at the university of Iowa in Iowa City or any other
29independent medical cannabidiol testing facility accredited
30to standard ISO/IEC 17025 by an international organization
31for standards-approved accrediting body, with a controlled
32substance registration certificate from the United States drug
33enforcement administration and a certificate of registration
34from the board of pharmacy. For the purposes of this chapter,
35an independent laboratory is a laboratory operated by an
-39-1entity that has no equity ownership in a medical cannabidiol
2manufacturer.
3   Sec. 76.  Section 124E.6, subsection 4, Code 2023, is amended
4to read as follows:
   54.  A medical cannabidiol manufacturer shall contract with
6a laboratory to perform spot-check testing of the medical
7cannabidiol produced by the medical cannabidiol manufacturer
8as provided in section 124E.7. The department shall require
9that the laboratory report testing results to the medical
10cannabidiol manufacturer and the department as determined by
11the department by rule. If a medical cannabidiol manufacturer
12contracts with a laboratory other than the state hygienic
13laboratory at the university of Iowa in Iowa City, the
14department shall approve the laboratory to perform testing
15pursuant to this chapter.
16   Sec. 77.  Section 124E.14, Code 2023, is amended to read as
17follows:
   18124E.14  Out-of-state medical cannabidiol dispensaries.
   19The department of public health shall utilize a request for
20proposals process to select and license by December 1, 2017,
21up to two out-of-state medical cannabidiol dispensaries from a
22bordering state to sell and dispense medical cannabidiol to a
23patient or primary caregiver in possession of a valid medical
24cannabidiol registration card issued under this chapter.
25   Sec. 78.  Section 125.1, Code 2023, is amended to read as
26follows:
   27125.1  Declaration of policy.
   28It is the policy of this state:
   291.  That persons with substance-related disorders a
30substance use disorder
be afforded the opportunity to
31receive quality treatment and directed into rehabilitation
32services which will help them resume a socially acceptable and
33productive role in society.
   342.  To encourage substance abuse use disorder education
35and prevention efforts and to insure that such efforts are
-40-1coordinated to provide a high quality of services without
2unnecessary duplication.
   33.  To insure that substance abuse use disorder programs
4are being operated by individuals who are qualified in their
5field whether through formal education or through employment
6or personal experience.
7   Sec. 79.  Section 125.2, Code 2023, is amended to read as
8follows:
   9125.2  Definitions.
   10For purposes of this chapter, unless the context clearly
11indicates otherwise:
   121.  “Board” means the state board of health created pursuant
13to chapter 136.
   142.    1.  “Chemical substance” means alcohol, wine, spirits,
15and beer as defined in chapter 123 and controlled substances
16as defined in section 124.101.
   173.    2.  “Chief medical officer” means the medical director
18in charge of a public or private hospital, or the director’s
19physician-designee. This chapter does not negate the
20authority otherwise reposed by chapter 226 in the respective
21superintendents of the state mental health institutes to make
22decisions regarding the appropriateness of admissions or
23discharges of patients of those institutes, however, it is
24the intent of this chapter that a superintendent who is not a
25licensed physician shall be guided in these decisions by the
26chief medical officer of the institute.
   274.    3.  “Clerk” means the clerk of the district court.
   284.  “Council” means the council on health and human services.
   295.  “County of residence” means the same as defined in
30section 331.394.
   316.  “Department” means the Iowa department of public health
 32and human services.
   337.  “Director” means the director of the Iowa department of
34public
health and human services.
   358.  “Facility” means an institution, a detoxification center,
-41-1or an installation providing care, maintenance and treatment
2for persons with substance-related disorders a substance use
3disorder
licensed by the department under section 125.13,
4hospitals licensed under chapter 135B, or the state mental
5health institutes designated by chapter 226.
   69.  “Incapacitated by a chemical substance” means that a
7person, as a result of the use of a chemical substance, is
8unconscious or has the person’s judgment otherwise so impaired
9that the person is incapable of realizing and making a rational
10decision with respect to the need for treatment.
   1110.  “Incompetent person” means a person who has been
12adjudged incompetent by a court of law.
   1311.  “Interested person” means a person who, in the
14discretion of the court, is legitimately concerned that a
15respondent receive substance abuse use disorder treatment
16services.
   1712.  “Magistrate” means the same as defined in section 801.4,
18subsection 10.
   1913.  “Mental health professional” means the same as defined
20in section 228.1.
   2114.  “Psychiatric advanced registered nurse practitioner”
22means an individual currently licensed as a registered nurse
23under chapter 152 or 152E who holds a national certification in
24psychiatric mental health care and who is licensed by the board
25of nursing as an advanced registered nurse practitioner.
   2615.  “Respondent” means a person against whom an application
27is filed under section 125.75.
   2816.  “Substance-related disorder” “Substance use disorder”
29 means a diagnosable substance abuse use disorder of sufficient
30duration to meet diagnostic criteria specified within the most
31current diagnostic and statistical manual of mental disorders
32published by the American psychiatric association that results
33in a functional impairment.
34   Sec. 80.  Section 125.3, Code 2023, is amended to read as
35follows:
-42-   1125.3  Substance abuse use disorder program established.
   2The Iowa department of public health shall develop,
3implement, and administer a comprehensive substance abuse use
4disorder
program pursuant to sections 125.1 and 125.2, this
5section, and sections 125.7, 125.9, 125.10, 125.12 through
6125.21, 125.25, 125.32 through 125.34, and 125.37 through
7125.43.
8   Sec. 81.  Section 125.7, Code 2023, is amended to read as
9follows:
   10125.7  Duties of the board council.
   11The board council shall:
   121.  Approve the comprehensive substance abuse use disorder
13 program, developed by the department pursuant to sections 125.1
14through 125.3, this section, and sections 125.9, 125.10, 125.12
15through 125.21, 125.25, 125.32 through 125.34, and 125.37
16through 125.43.
   172.  Advise the department on policies governing the
18performance of the department in the discharge of any duties
19imposed on the department by law.
   203.  Advise or make recommendations to the governor and the
21general assembly relative to substance abuse use disorder
22 treatment, intervention, education, and prevention programs in
23this state.
   244.  Adopt rules for subsections 1 and 6 and review other
25rules necessary to carry out the provisions of this chapter,
26subject to review in accordance with chapter 17A.
   275.  Investigate the work of the department relating to
28substance abuse use disorder, and for this purpose the board
29
 council shall have access at any time to all books, papers,
30documents, and records of the department.
   316.  Consider and approve or disapprove all applications
32for a license and all cases involving the renewal, denial,
33suspension, or revocation of a license.
   347.  Act as the appeal board regarding funding decisions made
35by the department.
-43-
1   Sec. 82.  Section 125.9, subsections 1, 2, 4, 5, and 6, Code
22023, are amended to read as follows:
   31.  Plan, establish and maintain treatment, intervention,
4education, and prevention programs as necessary or desirable in
5accordance with the comprehensive substance abuse use disorder
6 program.
   72.  Make contracts necessary or incidental to the
8performance of the duties and the execution of the powers
9of the director, including contracts with public and
10private agencies, organizations and individuals to pay
11them for services rendered or furnished to persons with
12substance-related disorders a substance use disorder.
   134.  Coordinate the activities of the department and
14cooperate with substance abuse use disorder programs in
15this and other states, and make contracts and other joint or
16cooperative arrangements with state, local or private agencies
17in this and other states for the treatment of persons with
18substance-related disorders a substance use disorder and
19for the common advancement of substance abuse use disorder
20 programs.
   215.  Require that a written report, in reasonable detail, be
22submitted to the director at any time by any agency of this
23state or of any of its political subdivisions in respect to any
24substance abuse use disorder prevention function, or program
25for the benefit of persons who are or have been involved in
26substance abuse use disorder, which is being conducted by the
27agency.
   286.  Submit to the governor a written report of the
29pertinent facts at any time the director concludes that any
30agency of this state or of any of its political subdivisions
31is conducting any substance abuse use disorder prevention
32function, or program for the benefit of persons who are or have
33been involved in substance abuse use disorder in a manner not
34consistent with or which impairs achievement of the objectives
35of the state plan to combat substance abuse use disorder, and
-44-1has failed to effect appropriate changes in the function or
2program.
3   Sec. 83.  Section 125.10, Code 2023, is amended to read as
4follows:
   5125.10  Duties of director.
   6The director shall:
   71.  Prepare and submit a state plan subject to approval by
8the board council and in accordance with 42 U.S.C. §300x-21 et
9seq. The state plan shall designate the department as the sole
10agency for supervising the administration of the plan.
   112.  Develop, encourage, and foster statewide, regional,
12and local plans and programs for the prevention of substance
13misuse use disorder and the treatment of persons with
14substance-related disorders a substance use disorder in
15cooperation with public and private agencies, organizations and
16individuals, and provide technical assistance and consultation
17services for these purposes.
   183.  Coordinate the efforts and enlist the assistance of all
19public and private agencies, organizations, and individuals
20interested in the prevention of substance misuse use disorder
21 and the treatment of persons with substance-related disorders a
22substance use disorder
. The director’s actions to implement
23this subsection shall also address the treatment needs of
24persons who have a mental illness, an intellectual disability,
25brain injury, or other co-occurring condition in addition to a
26substance-related substance use disorder.
   274.  Cooperate with the department of human services and
28the Iowa department of public health
in establishing and
29conducting programs to provide treatment for persons with
30substance-related disorders a substance use disorder.
   315.  Cooperate with the department of education, boards
32of education, schools, police departments, courts, and other
33public and private agencies, organizations, and individuals
34in establishing programs for the prevention of substance
35misuse use disorder and the treatment of persons with
-45-1substance-related disorders a substance use disorder, and in
2preparing relevant curriculum materials for use at all levels
3of school education.
   46.  Prepare, publish, evaluate and disseminate educational
5material dealing with the nature and effects of chemical
6substances.
   77.  Develop and implement, as an integral part of treatment
8programs, an educational program for use in the treatment
9of persons with substance-related disorders a substance use
10disorder
, which program shall include the dissemination of
11information concerning the nature and effects of substances.
   128.  Organize and implement, in cooperation with local
13treatment programs, training programs for all persons engaged
14in treatment of persons with substance-related disorders a
15substance use disorder
.
   169.  Sponsor and implement research in cooperation with
17local treatment programs into the causes and nature of
18substance misuse use disorder and treatment of persons with
19substance-related disorders a substance use disorder, and serve
20as a clearing house for information relating to substance
21misuse use disorder.
   2210.  Specify uniform methods for keeping statistical
23information by public and private agencies, organizations,
24and individuals, and collect and make available relevant
25statistical information, including number of persons treated,
26frequency of admission and readmission, and frequency and
27duration of treatment.
   2811.  Develop and implement, with the counsel and approval
29of the board council, the comprehensive plan for treatment
30of persons with substance-related disorders a substance use
31disorder
in accordance with this chapter.
   3212.  Assist in the development of, and cooperate with,
33substance abuse use disorder education and treatment programs
34for employees of state and local governments and businesses and
35industries in the state.
-46-
   113.  Utilize the support and assistance of interested
2persons in the community, particularly persons who are
3recovering from substance-related disorders a substance use
4disorder
to encourage persons with substance-related disorders
5
 a substance use disorder to voluntarily undergo treatment.
   614.  Cooperate with the commissioner of public safety in
7establishing and conducting programs designed to deal with the
8problem of persons operating motor vehicles while intoxicated.
   915.  Encourage general hospitals and other appropriate
10health facilities to admit without discrimination persons
11with substance-related disorders a substance use disorder
12 and to provide them with adequate and appropriate treatment.
13The director may negotiate and implement contracts with
14hospitals and other appropriate health facilities with adequate
15detoxification facilities.
   1616.  Encourage all health and disability insurance programs
17to include substance-related substance use disorders as covered
18illnesses.
   1917.  Review all state health, welfare, education and
20treatment proposals to be submitted for federal funding under
21federal legislation, and advise the governor on provisions
22to be included relating to substance misuse use disorder and
23persons with substance-related disorders a substance use
24disorder
.
25   Sec. 84.  Section 125.12, subsections 1 and 3, Code 2023, are
26amended to read as follows:
   271.  The board council shall review the comprehensive
28substance abuse use disorder program implemented by the
29department for the treatment of persons with substance-related
30disorders
 a substance use disorder and concerned family
31members. Subject to the review of the board council, the
32director shall divide the state into appropriate regions
33for the conduct of the program and establish standards for
34the development of the program on the regional level. In
35establishing the regions, consideration shall be given to city
-47-1and county lines, population concentrations, and existing
2substance abuse use disorder treatment services.
   33.  The director shall provide for adequate and appropriate
4treatment for persons with substance-related disorders a
5substance use disorder
and concerned family members admitted
6under sections 125.33 and 125.34, or under section 125.75,
7125.81, or 125.91. Treatment shall not be provided at a
8correctional institution except for inmates. A mental health
9professional who is employed by a treatment provider under the
10program may provide treatment to a person with co-occurring
11substance-related substance use and mental health disorders.
12Such treatment may also be provided by a person employed by
13such a treatment provider who is receiving the supervision
14required to meet the definition of mental health professional
15but has not completed the supervision component.
16   Sec. 85.  Section 125.13, subsection 1, paragraph a, Code
172023, is amended to read as follows:
   18a.  Except as provided in subsection 2, a person shall not
19maintain or conduct any chemical substitutes or antagonists
20program, residential program, or nonresidential outpatient
21program, the primary purpose of which is the treatment and
22rehabilitation of persons with substance-related disorders a
23substance use disorder
without having first obtained a written
24license for the program from the department.
25   Sec. 86.  Section 125.13, subsection 2, paragraphs a, b, c,
26f, i, and j, Code 2023, are amended to read as follows:
   27a.  A hospital providing care or treatment to persons
28with substance-related disorders a substance use disorder
29 licensed under chapter 135B which is accredited by the joint
30commission on the accreditation of health care organizations,
31the commission on accreditation of rehabilitation facilities,
32the American osteopathic association, or another recognized
33organization approved by the board council. All survey reports
34from the accrediting or licensing body must be sent to the
35department.
-48-
   1b.  Any practitioner of medicine and surgery or osteopathic
2medicine and surgery, in the practitioner’s private practice.
3However, a program shall not be exempted from licensing by the
4board council by virtue of its utilization of the services of a
5medical practitioner in its operation.
   6c.  Private institutions conducted by and for persons who
7adhere to the faith of any well recognized church or religious
8denomination for the purpose of providing care, treatment,
9counseling, or rehabilitation to persons with substance-related
10disorders
 a substance use disorder and who rely solely on
11prayer or other spiritual means for healing in the practice of
12religion of such church or denomination.
   13f.  Individuals in private practice who are providing
14substance abuse use disorder treatment services independent
15from a program that is required to be licensed under subsection
161.
   17i.  A substance abuse use disorder treatment program not
18funded by the department which is accredited or licensed
19by the joint commission on the accreditation of health
20care organizations, the commission on the accreditation
21of rehabilitation facilities, the American osteopathic
22association, or another recognized organization approved by
23the board council. All survey reports from the accrediting or
24licensing body must be sent to the department.
   25j.  A hospital substance abuse use disorder treatment program
26that is accredited or licensed by the joint commission on the
27accreditation of health care organizations, the commission on
28the accreditation of rehabilitation facilities, the American
29osteopathic association, or another recognized organization
30approved by the board council. All survey reports for the
31hospital substance abuse use disorder treatment program
32from the accrediting or licensing body shall be sent to the
33department.
34   Sec. 87.  Section 125.14, Code 2023, is amended to read as
35follows:
-49-   1125.14  Licenses — renewal — fees.
   2The board council shall consider all cases involving initial
3issuance, and renewal, denial, suspension, or revocation
4of a license. The department shall issue a license to an
5applicant whom the board council determines meets the licensing
6requirements of this chapter. Licenses shall expire no
7later than three years from the date of issuance and shall be
8renewed upon timely application made in the same manner as
9for initial issuance of a license unless notice of nonrenewal
10is given to the licensee at least thirty days prior to the
11expiration of the license. The department shall not charge a
12fee for licensing or renewal of programs contracting with the
13department for provision of treatment services. A fee may be
14charged to other licensees.
15   Sec. 88.  Section 125.14A, Code 2023, is amended to read as
16follows:
   17125.14A  Personnel of a licensed program admitting juveniles.
   181.  If a person is being considered for licensure under this
19chapter, or for employment involving direct responsibility for
20a child or with access to a child when the child is alone, by
21a program admitting juveniles subject to licensure under this
22chapter, or if a person will reside in a facility utilized
23by such a program, and if the person has been convicted of
24a crime or has a record of founded child abuse, the record
25check evaluation system of the
department of human services
26 and the program, for an employee of the program, shall perform
27an evaluation to determine whether the crime or founded
28child abuse warrants prohibition of licensure, employment, or
29residence in the facility. The department of human services
30
 record check evaluation system shall conduct criminal and
31child abuse record checks in this state and may conduct these
32checks in other states. The evaluation shall be performed in
33accordance with procedures adopted for this purpose by the
34department of human services.
   352.  If the department of human services record check
-50-1evaluation system
determines that a person has committed a
2crime or has a record of founded child abuse and is licensed,
3employed by a program licensed under this chapter, or resides
4in a licensed facility the department record check evaluation
5system
shall notify the program that an evaluation will be
6conducted to determine whether prohibition of the person’s
7licensure, employment, or residence is warranted.
   83.  In an evaluation, the department of human services
9
 record check evaluation system and the program for an employee
10of the program shall consider the nature and seriousness of
11the crime or founded child abuse in relation to the position
12sought or held, the time elapsed since the commission of the
13crime or founded child abuse, the circumstances under which
14the crime or founded child abuse was committed, the degree of
15rehabilitation, the likelihood that the person will commit the
16crime or founded child abuse again, and the number of crimes
17or founded child abuses committed by the person involved. The
18department of human services record check evaluation system
19 may permit a person who is evaluated to be licensed, employed,
20or to reside, or to continue to be licensed, employed, or
21to reside in a program, if the person complies with the
22department’s record check evaluation system’s conditions
23relating to the person’s licensure, employment, or residence,
24which may include completion of additional training. For an
25employee of a licensee, these conditional requirements shall
26be developed with the licensee. The department of human
27services
 record check evaluation system has final authority
28in determining whether prohibition of the person’s licensure,
29employment, or residence is warranted and in developing any
30conditional requirements under this subsection.
   314.  If the department of human services record check
32evaluation system
determines that the person has committed a
33crime or has a record of founded child abuse which warrants
34prohibition of licensure, employment, or residence, the person
35shall not be licensed under this chapter to operate a program
-51-1admitting juveniles and shall not be employed by a program or
2reside in a facility admitting juveniles licensed under this
3chapter.
   45.  In addition to the record checks required under this
5section, the department of human services record check
6evaluation system
may conduct dependent adult abuse record
7checks in this state and may conduct these checks in other
8states, on a random basis. The provisions of this section,
9relative to an evaluation following a determination that a
10person has been convicted of a crime or has a record of founded
11child abuse, shall also apply to a random check conducted under
12this subsection.
   136.  Beginning July 1, 1994, a A program or facility shall
14inform all new applicants for employment of the possibility
15of the performance of a record check and shall obtain, from
16the applicant, a signed acknowledgment of the receipt of the
17information.
   187.  On or after July 1, 1994, a A program or facility shall
19include the following inquiry in an application for employment:
20Do you have a record of founded child or dependent adult abuse
21or have you ever been convicted of a crime, in this state or any
22other state?
23   Sec. 89.  Section 125.15, Code 2023, is amended to read as
24follows:
   25125.15  Inspections.
   26The department may inspect the facilities and review the
27procedures utilized by any chemical substitutes or antagonists
28program, residential program, or nonresidential outpatient
29program that has as a primary purpose the treatment and
30rehabilitation of persons with substance-related disorders a
31substance use disorder
, for the purpose of ensuring compliance
32with this chapter and the rules adopted pursuant to this
33chapter. The examination and review may include case record
34audits and interviews with staff and patients, consistent with
35the confidentiality safeguards of state and federal law.
-52-
1   Sec. 90.  Section 125.15A, subsection 1, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
   3The department may place an employee or agent to serve as a
4monitor in a licensed substance abuse use disorder treatment
5program or may petition the court for appointment of a receiver
6for a program when any of the following conditions exist:
7   Sec. 91.  Section 125.15A, subsection 1, paragraph b, Code
82023, is amended to read as follows:
   9b.  The board council has suspended, revoked, or refused to
10renew the existing license of the program.
11   Sec. 92.  Section 125.16, Code 2023, is amended to read as
12follows:
   13125.16  Transfer of license or change of location prohibited.
   14A license issued under this chapter may not be transferred,
15and the location of the physical facilities occupied or
16utilized by any program licensed under this chapter shall not
17be changed without the prior written consent of the board
18
 council.
19   Sec. 93.  Section 125.17, Code 2023, is amended to read as
20follows:
   21125.17  License suspension or revocation.
   22Violation of any of the requirements or restrictions of
23this chapter or of any of the rules adopted pursuant to this
24chapter is cause for suspension, revocation, or refusal to
25renew a license. The director shall at the earliest time
26feasible notify a licensee whose license the board council
27 is considering suspending or revoking and shall inform the
28licensee what changes must be made in the licensee’s operation
29to avoid such action. The licensee shall be given a reasonable
30time for compliance, as determined by the director, after
31receiving such notice or a notice that the board council does
32not intend to renew the license. When the licensee believes
33compliance has been achieved, or if the licensee considers
34the proposed suspension, revocation, or refusal to renew
35unjustified, the licensee may submit pertinent information to
-53-1the board council and the board council shall expeditiously
2make a decision in the matter and notify the licensee of the
3decision.
4   Sec. 94.  Section 125.18, Code 2023, is amended to read as
5follows:
   6125.18  Hearing before board council.
   7If a licensee under this chapter makes a written request
8for a hearing within thirty days of suspension, revocation,
9or refusal to renew a license, a hearing before the board
10
 council shall be expeditiously arranged by the department of
11inspections and appeals whose decision is subject to review by
12the board council. The board council shall issue a written
13statement of the board’s council’s findings within thirty days
14after conclusion of the hearing upholding or reversing the
15proposed suspension, revocation, or refusal to renew a license.
16Action involving suspension, revocation, or refusal to renew a
17license shall not be taken by the board council unless a quorum
18is present at the meeting. A copy of the board’s council’s
19 decision shall be promptly transmitted to the affected licensee
20who may, if aggrieved by the decision, seek judicial review of
21the actions of the board council in accordance with the terms
22of chapter 17A.
23   Sec. 95.  Section 125.19, Code 2023, is amended to read as
24follows:
   25125.19  Reissuance or reinstatement.
   26After suspension, revocation, or refusal to renew a license
27pursuant to this chapter, the affected licensee shall not have
28the license reissued or reinstated within one year of the
29effective date of the suspension, revocation, or expiration
30upon refusal to renew, unless the board council orders
31otherwise. After that time, proof of compliance with the
32requirements and restrictions of this chapter and the rules
33adopted pursuant to this chapter must be presented to the board
34
 council prior to reinstatement or reissuance of a license.
35   Sec. 96.  Section 125.20, Code 2023, is amended to read as
-54-1follows:
   2125.20  Rules.
   3The department shall establish rules pursuant to chapter
417A requiring facilities to use reasonable accounting and
5reimbursement systems which recognize relevant cost-related
6factors for patients with a substance abuse patients use
7disorder
. A facility shall not be licensed nor shall any
8payment be made under this chapter to a facility which fails
9to comply with those rules or which does not permit inspection
10by the department or examination of all records, including
11financial records, methods of administration, general and
12special dietary programs, the disbursement of drugs and methods
13of supply, and any other records the department deems relevant
14to the establishment of such a system. However, rules issued
15pursuant to this paragraph shall not apply to any facility
16referred to in section 125.13, subsection 2 or section 125.43.
17   Sec. 97.  Section 125.21, subsection 1, Code 2023, is amended
18to read as follows:
   191.  The board council has exclusive power in this state
20to approve and license chemical substitutes and antagonists
21programs, and to monitor chemical substitutes and antagonists
22programs to ensure that the programs are operating within the
23rules adopted pursuant to this chapter. The board council
24 shall grant approval and license if the requirements of the
25rules are met and state funding is not requested. The chemical
26substitutes and antagonists programs conducted by persons
27exempt from the licensing requirements of this chapter pursuant
28to section 125.13, subsection 2, are subject to approval and
29licensure under this section.
30   Sec. 98.  Section 125.25, subsection 1, Code 2023, is amended
31to read as follows:
   321.  Before making any allocation of funds to a local
33substance abuse use disorder program, the department shall
34require a detailed line item budget clearly indicating the
35funds received from each revenue source for the fiscal year
-55-1for which the funds are requested on forms provided by the
2department for each program.
3   Sec. 99.  Section 125.32, unnumbered paragraph 1, Code 2023,
4is amended to read as follows:
   5The department shall adopt and may amend and repeal rules
6for acceptance of persons into the treatment program, subject
7to chapter 17A, considering available treatment resources and
8facilities, for the purpose of early and effective treatment
9of persons with substance-related disorders a substance
10use disorder
and concerned family members. In establishing
11the rules the department shall be guided by the following
12standards:
13   Sec. 100.  Section 125.32A, Code 2023, is amended to read as
14follows:
   15125.32A  Discrimination prohibited.
   16Any substance abuse use disorder treatment program receiving
17state funding under this chapter or any other chapter of the
18Code shall not discriminate against a person seeking treatment
19solely because the person is pregnant, unless the program
20in each instance identifies and refers the person to an
21alternative and acceptable treatment program for the person.
22   Sec. 101.  Section 125.33, Code 2023, is amended to read as
23follows:
   24125.33  Voluntary treatment of persons with substance-related
25disorders
 a substance use disorder.
   261.  A person with a substance-related substance use
27 disorder may apply for voluntary treatment or rehabilitation
28services directly to a facility or to a licensed physician and
29surgeon or osteopathic physician and surgeon or to a mental
30health professional. If the proposed patient is a minor or
31an incompetent person, a parent, a legal guardian or other
32legal representative may make the application. The licensed
33physician and surgeon or osteopathic physician and surgeon,
34mental health professional, or any employee or person acting
35under the direction or supervision of the physician and
-56-1surgeon or osteopathic physician and surgeon, mental health
2professional, or facility shall not report or disclose the
3name of the person or the fact that treatment was requested
4or has been undertaken to any law enforcement officer or law
5enforcement agency; nor shall such information be admissible as
6evidence in any court, grand jury, or administrative proceeding
7unless authorized by the person seeking treatment. If the
8person seeking such treatment or rehabilitation is a minor who
9has personally made application for treatment, the fact that
10the minor sought treatment or rehabilitation or is receiving
11treatment or rehabilitation services shall not be reported
12or disclosed to the parents or legal guardian of such minor
13without the minor’s consent, and the minor may give legal
14consent to receive such treatment and rehabilitation.
   152.  Subject to rules adopted by the department, the
16administrator or the administrator’s designee in charge of a
17facility may determine who shall be admitted for treatment
18or rehabilitation. If a person is refused admission, the
19administrator or the administrator’s designee, subject to rules
20adopted by the department, shall refer the person to another
21facility for treatment if possible and appropriate.
   223.  A person with a substance-related substance use
23 disorder seeking treatment or rehabilitation and who is
24either addicted to or dependent on a chemical substance may
25first be examined and evaluated by a licensed physician and
26surgeon or osteopathic physician and surgeon or a mental health
27professional who may prescribe, if authorized or licensed
28to do so, a proper course of treatment and medication, if
29needed. The licensed physician and surgeon or osteopathic
30physician and surgeon or mental health professional may further
31prescribe a course of treatment or rehabilitation and authorize
32another licensed physician and surgeon or osteopathic physician
33and surgeon, mental health professional, or facility to
34provide the prescribed treatment or rehabilitation services.
35Treatment or rehabilitation services may be provided to a
-57-1person individually or in a group. A facility providing or
2engaging in treatment or rehabilitation shall not report or
3disclose to a law enforcement officer or law enforcement
4agency the name of any person receiving or engaged in the
5treatment or rehabilitation; nor shall a person receiving or
6participating in treatment or rehabilitation report or disclose
7the name of any other person engaged in or receiving treatment
8or rehabilitation or that the program is in existence, to
9a law enforcement officer or law enforcement agency. Such
10information shall not be admitted in evidence in any court,
11grand jury, or administrative proceeding. However, a person
12engaged in or receiving treatment or rehabilitation may
13authorize the disclosure of the person’s name and individual
14participation.
   154.  If a patient receiving inpatient or residential care
16leaves a facility, the patient shall be encouraged to consent
17to appropriate outpatient or halfway house treatment. If it
18appears to the administrator in charge of the facility that
19the patient is a person with a substance-related substance
20use
disorder who requires help, the director may arrange for
21assistance in obtaining supportive services.
   225.  If a patient leaves a facility, with or against the
23advice of the administrator in charge of the facility, the
24director may make reasonable provisions for the patient’s
25transportation to another facility or to the patient’s home.
26If the patient has no home the patient shall be assisted in
27obtaining shelter. If the patient is a minor or an incompetent
28person, the request for discharge from an inpatient facility
29shall be made by a parent, legal guardian, or other legal
30representative, or by the minor or incompetent person if the
31patient was the original applicant.
   326.  Any person who reports or discloses the name of a
33person receiving treatment or rehabilitation services to a
34law enforcement officer or law enforcement agency or any
35person receiving treatment or rehabilitation services who
-58-1discloses the name of any other person receiving treatment or
2rehabilitation services without the written consent of the
3person in violation of the provisions of this section shall
4upon conviction be guilty of a simple misdemeanor.
5   Sec. 102.  Section 125.34, Code 2023, is amended to read as
6follows:
   7125.34  Treatment and services for persons with
8substance-related disorders a substance use disorder due to
9intoxication and substance-induced incapacitation.
   101.  A person with a substance-related substance use disorder
11due to intoxication or substance-induced incapacitation may
12come voluntarily to a facility for emergency treatment. A
13person who appears to be intoxicated or incapacitated by a
14substance in a public place and in need of help may be taken
15to a facility by a peace officer under section 125.91. If
16the person refuses the proffered help, the person may be
17arrested and charged with intoxication under section 123.46,
18if applicable.
   192.  If no facility is readily available the person may
20be taken to an emergency medical service customarily used
21for incapacitated persons. The peace officer in detaining
22the person and in taking the person to a facility shall make
23every reasonable effort to protect the person’s health and
24safety. In detaining the person the detaining officer may take
25reasonable steps for self-protection. Detaining a person under
26section 125.91 is not an arrest and no entry or other record
27shall be made to indicate that the person who is detained has
28been arrested or charged with a crime.
   293.  A person who arrives at a facility and voluntarily
30submits to examination shall be examined by a licensed
31physician and surgeon or osteopathic physician and surgeon or
32mental health professional as soon as possible after the person
33arrives at the facility. The person may then be admitted as a
34patient or referred to another health facility. The referring
35facility shall arrange for transportation.
-59-
   14.  If a person is voluntarily admitted to a facility, the
2person’s family or next of kin shall be notified as promptly
3as possible. If an adult patient who is not incapacitated
4requests that there be no notification, the request shall be
5respected.
   65.  A peace officer who acts in compliance with this section
7is acting in the course of the officer’s official duty and is
8not criminally or civilly liable therefor for such acts, unless
9such acts constitute willful malice or abuse.
   106.  If the physician and surgeon or osteopathic physician
11and surgeon in charge of the facility determines it is for the
12patient’s benefit, the patient shall be encouraged to agree to
13further diagnosis and appropriate voluntary treatment.
   147.  A licensed physician and surgeon or osteopathic
15physician and surgeon, mental health professional, facility
16administrator, or an employee or a person acting as or on
17behalf of the facility administrator, is not criminally or
18civilly liable for acts in conformity with this chapter, unless
19the acts constitute willful malice or abuse.
20   Sec. 103.  Section 125.37, subsection 2, Code 2023, is
21amended to read as follows:
   222.  Notwithstanding subsection 1, the director may make
23available information from patients’ records for purposes of
24research into the causes and treatment of substance abuse use
25disorder
. Information under this subsection shall not be
26published in a way that discloses patients’ names or other
27identifying information.
28   Sec. 104.  Section 125.39, Code 2023, is amended to read as
29follows:
   30125.39  Eligible entities.
   31A local governmental unit which is providing funds to a
32facility for treatment of substance abuse use disorder may
33request from the facility a treatment program plan prior to
34authorizing payment of any claims filed by the facility. The
35governing body of the local governmental unit may review the
-60-1plan, but shall not impose on the facility any requirement
2conflicting with the comprehensive treatment program of the
3facility.
4   Sec. 105.  Section 125.43, Code 2023, is amended to read as
5follows:
   6125.43  Funding at mental health institutes.
   7Chapter 230 governs the determination of the costs
8and payment for treatment provided to persons with
9substance-related disorders a substance use disorderin a
10mental health institute under the department of human services,
11except that the charges are not a lien on real estate owned
12by persons legally liable for support of the person with a
13substance-related substance use disorder and the daily per diem
14shall be billed at twenty-five percent. The superintendent of
15a state hospital mental health institute shall total only those
16expenditures which can be attributed to the cost of providing
17inpatient treatment to persons with substance-related disorders
18
 a substance use disorder for purposes of determining the daily
19per diem. Section 125.44 governs the determination of who is
20legally liable for the cost of care, maintenance, and treatment
21of a person with a substance-related substance use disorder and
22of the amount for which the person is liable.
23   Sec. 106.  Section 125.43A, Code 2023, is amended to read as
24follows:
   25125.43A  Prescreening — exception.
   26Except in cases of medical emergency or court-ordered
27admissions, a person shall be admitted to a state mental health
28institute for treatment of a substance-related substance use
29 disorder only after a preliminary intake and assessment by a
30department-licensed treatment facility or a hospital providing
31care or treatment for persons with substance-related disorders
32
 a substance use disorder licensed under chapter 135B and
33accredited by the joint commission on the accreditation of
34health care organizations, the commission on accreditation
35of rehabilitation facilities, the American osteopathic
-61-1association, or another recognized organization approved by
2the board council, or by a designee of a department-licensed
3treatment facility or a hospital other than a state mental
4health institute, which confirms that the admission is
5appropriate to the person’s substance-related substance use
6 disorder service needs. A county board of supervisors may seek
7an admission of a patient to a state mental health institute
8who has not been confirmed for appropriate admission and the
9county shall be responsible for one hundred percent of the cost
10of treatment and services of the patient.
11   Sec. 107.  Section 125.44, Code 2023, is amended to read as
12follows:
   13125.44  Agreements with facilities — liability for costs.
   141.  The director may, consistent with the comprehensive
15substance abuse use disorder program, enter into written
16agreements with a facility as defined in section 125.2 to pay
17for one hundred percent of the cost of the care, maintenance,
18and treatment of persons with substance-related disorders a
19substance use disorder
, except when section 125.43A applies.
20All payments for state patients shall be made in accordance
21with the limitations of this section. Such contracts shall be
22for a period of no more than one year.
   232.  The contract may be in the form and contain provisions
24as agreed upon by the parties. The contract shall provide
25that the facility shall admit and treat persons with
26substance-related disorders a substance use disorder regardless
27of where they have residence. If one payment for care,
28maintenance, and treatment is not made by the patient or
29those legally liable for the patient, the payment shall be
30made by the department directly to the facility. Payments
31shall be made each month and shall be based upon the rate of
32payment for services negotiated between the department and the
33contracting facility. If a facility projects a temporary cash
34flow deficit, the department may make cash advances at the
35beginning of each fiscal year to the facility. The repayment
-62-1schedule for advances shall be part of the contract between the
2department and the facility. This section does not pertain to
3patients treated at the mental health institutes.
   43.  If the appropriation to the department is insufficient
5to meet the requirements of this section, the department shall
6request a transfer of funds and section 8.39 shall apply.
   74.  The person with a substance-related substance use
8 disorder is legally liable to the facility for the total amount
9of the cost of providing care, maintenance, and treatment for
10the person with a substance-related substance use disorder
11while a voluntary or committed patient in a facility. This
12section does not prohibit any individual from paying any
13portion of the cost of treatment.
   145.  The department is liable for the cost of care, treatment,
15and maintenance of persons with substance-related disorders a
16substance use disorder
admitted to the facility voluntarily or
17pursuant to section 125.75, 125.81, or 125.91 or section 321J.3
18or 124.409 only to those facilities that have a contract with
19the department under this section, only for the amount computed
20according to and within the limits of liability prescribed by
21this section, and only when the person with a substance-related
22
 substance use disorder is unable to pay the costs and there is
23no other person, firm, corporation, or insurance company bound
24to pay the costs.
   256.  The department’s maximum liability for the costs of care,
26treatment, and maintenance of persons with substance-related
27disorders
 a substance use disorder in a contracting facility
28is limited to the total amount agreed upon by the parties and
29specified in the contract under this section.
30   Sec. 108.  Section 125.46, Code 2023, is amended to read as
31follows:
   32125.46  County of residence determined.
   33The facility shall, when a person with a substance-related
34
 substance use disorder is admitted, or as soon thereafter as
35it receives the proper information, determine and enter upon
-63-1its records the Iowa county of residence of the person with a
2substance-related substance use disorder, or that the person
3resides in some other state or country, or that the person is
4unclassified with respect to residence.
5   Sec. 109.  Section 125.55, Code 2023, is amended to read as
6follows:
   7125.55  Audits.
   8All licensed substance abuse use disorder programs are
9subject to annual audit either by the auditor of state or in
10lieu of an audit by the auditor of state the substance abuse
11
 use disorder program may contract with or employ certified
12public accountants to conduct the audit, in accordance with
13sections 11.6, 11.14, and 11.19. The audit format shall be
14as prescribed by the auditor of state. The certified public
15accountant shall submit a copy of the audit to the director. A
16licensed substance abuse use disorder program is also subject
17to special audits as the director requests. The licensed
18substance abuse use disorder program or the department shall
19pay all expenses incurred by the auditor of state in conducting
20an audit under this section.
21   Sec. 110.  Section 125.58, Code 2023, is amended to read as
22follows:
   23125.58  Inspection — penalties.
   241.  If the department has probable cause to believe that
25an institution, place, building, or agency not licensed as
26a substance abuse use disorder treatment and rehabilitation
27facility is in fact a substance abuse use disorder treatment
28and rehabilitation facility as defined by this chapter, and
29is not exempt from licensing by section 125.13, subsection 2,
30the board council may order an inspection of the institution,
31place, building, or agency. If the inspector upon presenting
32proper identification is denied entry for the purpose of making
33the inspection, the inspector may, with the assistance of
34the county attorney of the county in which the premises are
35located, apply to the district court for an order requiring
-64-1the owner or occupant to permit entry and inspection of the
2premises to determine whether there have been violations
3of this chapter. The investigation may include review of
4records, reports, and documents maintained by the facility
5and interviews with staff members consistent with the
6confidentiality safeguards of state and federal law.
   72.  A person establishing, conducting, managing, or
8operating a substance abuse use disorder treatment and
9rehabilitation facility without a license is guilty of a
10serious misdemeanor. Each day of continued violation after
11conviction or notice from the department by certified mail of a
12violation shall be considered a separate offense or chargeable
13offense. A person establishing, conducting, managing or
14operating a substance abuse use disorder treatment and
15rehabilitation facility without a license may be temporarily
16or permanently restrained therefrom by a court of competent
17jurisdiction in an action brought by the state.
   183.  Notwithstanding the existence or pursuit of any other
19remedy, the department may, in the manner provided by law,
20maintain an action in the name of the state for injunction or
21other process against a person or governmental unit to restrain
22or prevent the establishment, conduct, management or operation
23of a substance abuse use disorder treatment and rehabilitation
24facility without a license.
25   Sec. 111.  Section 125.59, subsection 1, paragraph a,
26unnumbered paragraph 1, Code 2023, is amended to read as
27follows:
   28Of these funds, notwithstanding section 125.13, subsection
291, one-half of the transferred amount shall be used for grants
30to counties operating a substance abuse use disorder program
31involving only education, prevention, referral or posttreatment
32services, either with the counties’ own employees or by
33contract with a nonprofit corporation. The grants shall not
34annually exceed ten thousand dollars to any one county, subject
35to the following conditions:
-65-
1   Sec. 112.  Section 125.59, subsection 1, paragraph b, Code
22023, is amended to read as follows:
   3b.  If the transferred amount for this subsection exceeds
4grant requests funded to the ten thousand dollar maximum,
5the department of public health may use the remainder for
6activities and public information resources that align with
7best practices for substance-related substance use disorder
8prevention or to increase grants pursuant to subsection 2.
9   Sec. 113.  Section 125.75, subsection 1, Code 2023, is
10amended to read as follows:
   111.  Proceedings for the involuntary commitment or treatment
12of a person with a substance-related substance use disorder
13to a facility pursuant to this chapter or for the involuntary
14hospitalization of a person pursuant to chapter 229 may
15be commenced by any interested person by filing a verified
16application with the clerk of the district court of the
17county where the respondent is presently located or which
18is the respondent’s place of residence. The clerk or the
19clerk’s designee shall assist the applicant in completing the
20application.
21   Sec. 114.  Section 125.75, subsection 2, paragraph a,
22subparagraph (1), Code 2023, is amended to read as follows:
   23(1)  A substance-related substance use disorder as defined
24in section 125.2.
25   Sec. 115.  Section 125.80, subsections 3 and 4, Code 2023,
26are amended to read as follows:
   273.  If the report of a court-designated licensed physician
28and surgeon or osteopathic physician and surgeon or mental
29health professional is to the effect that the respondent is
30not a person with a substance-related substance use disorder,
31the court, without taking further action, shall terminate the
32proceeding and dismiss the application on its own motion and
33without notice.
   344.  If the report of a court-designated licensed physician
35and surgeon or osteopathic physician and surgeon or mental
-66-1health professional is to the effect that the respondent is a
2person with a substance-related substance use disorder, the
3court shall schedule a commitment hearing as soon as possible.
4The hearing shall be held not more than forty-eight hours
5after the report is filed, excluding Saturdays, Sundays, and
6holidays, unless an extension for good cause is requested
7by the respondent, or as soon thereafter as possible if the
8court considers that sufficient grounds exist for delaying the
9hearing.
10   Sec. 116.  Section 125.81, subsection 1, Code 2023, is
11amended to read as follows:
   121.  If a person filing an application requests that a
13respondent be taken into immediate custody, and the court upon
14reviewing the application and accompanying documentation, finds
15probable cause to believe that the respondent is a person with
16a substance-related substance use disorder who is likely to
17injure the person or other persons if allowed to remain at
18liberty, the court may enter a written order directing that
19the respondent be taken into immediate custody by the sheriff,
20and be detained until the commitment hearing, which shall
21be held no more than five days after the date of the order,
22except that if the fifth day after the date of the order is
23a Saturday, Sunday, or a holiday, the hearing may be held on
24the next business day. The court may order the respondent
25detained for the period of time until the hearing is held, and
26no longer except as provided in section 125.88, in accordance
27with subsection 2, paragraph “a”, if possible, and if not, then
28in accordance with subsection 2, paragraph “b”, or, only if
29neither of these alternatives is available in accordance with
30subsection 2, paragraph “c”.
31   Sec. 117.  Section 125.81, subsection 2, paragraph c, Code
322023, is amended to read as follows:
   33c.  In the nearest facility which is licensed to care for
34persons with mental illness or substance abuse use disorder,
35provided that detention in a jail or other facility intended
-67-1for confinement of those accused or convicted of a crime shall
2not be ordered.
3   Sec. 118.  Section 125.82, subsections 3 and 4, Code 2023,
4are amended to read as follows:
   53.  The person who filed the application and a licensed
6physician and surgeon or osteopathic physician and surgeon,
7mental health professional, or certified alcohol and drug
8counselor certified by the nongovernmental Iowa board of
9substance abuse certification who has examined the respondent
10in connection with the commitment hearing shall be present
11at the hearing, unless the court for good cause finds that
12their presence or testimony is not necessary. The applicant,
13respondent, and the respondent’s attorney may waive the
14presence or telephonic appearance of the licensed physician
15and surgeon or osteopathic physician and surgeon, mental
16health professional, or certified alcohol and drug counselor
17who examined the respondent and agree to submit as evidence
18the written report of the licensed physician and surgeon or
19osteopathic physician and surgeon, mental health professional,
20or certified alcohol and drug counselor. The respondent’s
21attorney shall inform the court if the respondent’s attorney
22reasonably believes that the respondent, due to diminished
23capacity, cannot make an adequately considered waiver decision.
24“Good cause” for finding that the testimony of the licensed
25physician and surgeon or osteopathic physician and surgeon,
26mental health professional, or certified alcohol and drug
27counselor who examined the respondent is not necessary may
28include, but is not limited to, such a waiver. If the court
29determines that the testimony of the licensed physician and
30surgeon or osteopathic physician and surgeon, mental health
31professional, or certified alcohol and drug counselor is
32necessary, the court may allow the licensed physician and
33surgeon or osteopathic physician and surgeon, mental health
34professional, or certified alcohol and drug counselor to
35testify by telephone. The respondent shall be present at the
-68-1hearing unless prior to the hearing the respondent’s attorney
2stipulates in writing that the attorney has conversed with the
3respondent, and that in the attorney’s judgment the respondent
4cannot make a meaningful contribution to the hearing, or that
5the respondent has waived the right to be present, and the
6basis for the attorney’s conclusions. A stipulation to the
7respondent’s absence shall be reviewed by the court before the
8hearing, and may be rejected if it appears that insufficient
9grounds are stated or that the respondent’s interests would not
10be served by the respondent’s absence.
   114.  The respondent’s welfare is paramount, and the hearing
12shall be tried as a civil matter and conducted in as informal a
13manner as is consistent with orderly procedure. The hearing
14may be held by video conference at the discretion of the
15court. Discovery as permitted under the Iowa rules of civil
16procedure is available to the respondent. The court shall
17receive all relevant and material evidence, but the court is
18not bound by the rules of evidence. A presumption in favor of
19the respondent exists, and the burden of evidence and support
20of the contentions made in the application shall be upon the
21person who filed the application. If upon completion of the
22hearing the court finds that the contention that the respondent
23is a person with a substance-related substance use disorder has
24not been sustained by clear and convincing evidence, the court
25shall deny the application and terminate the proceeding.
26   Sec. 119.  Section 125.83, Code 2023, is amended to read as
27follows:
   28125.83  Placement for evaluation.
   29If upon completion of the commitment hearing, the court
30finds that the contention that the respondent is a person with
31a substance-related substance use disorder has been sustained
32by clear and convincing evidence, the court shall order the
33respondent placed at a facility or under the care of a suitable
34facility on an outpatient basis as expeditiously as possible
35for a complete evaluation and appropriate treatment. The
-69-1court shall furnish to the facility at the time of admission
2or outpatient placement, a written statement of facts setting
3forth the evidence on which the finding is based. The
4administrator of the facility shall report to the court no
5more than fifteen days after the individual is admitted to or
6placed under the care of the facility, which shall include the
7chief medical officer’s recommendation concerning treatment
8of a substance-related substance use disorder. An extension
9of time may be granted for a period not to exceed seven days
10upon a showing of good cause. A copy of the report shall be
11sent to the respondent’s attorney who may contest the need
12for an extension of time if one is requested. If the request
13is contested, the court shall make an inquiry as it deems
14appropriate and may either order the respondent released
15from the facility or grant an extension of time for further
16evaluation. If the administrator fails to report to the court
17within fifteen days after the individual is admitted to the
18facility, and no extension of time has been requested, the
19administrator is guilty of contempt and shall be punished
20under chapter 665. The court shall order a rehearing on the
21application to determine whether the respondent should continue
22to be held at the facility.
23   Sec. 120.  Section 125.83A, subsection 1, Code 2023, is
24amended to read as follows:
   251.  If upon completion of the commitment hearing, the court
26finds that the contention that the respondent is a person with
27a substance-related substance use disorder has been sustained
28by clear and convincing evidence, and the court is furnished
29evidence that the respondent is eligible for care and treatment
30in a facility operated by the United States department of
31veterans affairs or another agency of the United States
32government and that the facility is willing to receive the
33respondent, the court may so order. The respondent, when so
34placed in a facility operated by the United States department
35of veterans affairs or another agency of the United States
-70-1government within or outside of this state, shall be subject to
2the rules of the United States department of veterans affairs
3or other agency, but shall not lose any procedural rights
4afforded the respondent by this chapter. The chief officer
5of the facility shall have, with respect to the respondent
6so placed, the same powers and duties as the chief medical
7officer of a hospital in this state would have in regard to
8submission of reports to the court, retention of custody,
9transfer, convalescent leave, or discharge. Jurisdiction
10is retained in the court to maintain surveillance of the
11respondent’s treatment and care, and at any time to inquire
12into the respondent’s condition and the need for continued care
13and custody.
14   Sec. 121.  Section 125.84, Code 2023, is amended to read as
15follows:
   16125.84  Evaluation report.
   17The facility administrator’s report to the court of the
18chief medical officer’s substance abuse use disorder evaluation
19of the respondent shall be made no later than the expiration of
20the time specified in section 125.83. At least two copies of
21the report shall be filed with the clerk, who shall distribute
22the copies in the manner described by section 125.80,
23subsection 2. The report shall state one of the four following
24alternative findings:
   251.  That the respondent does not, as of the date of the
26report, require further treatment for substance abuse use
27disorder
. If the report so states, the court shall order the
28respondent’s immediate release from involuntary commitment and
29terminate the proceedings.
   302.  That the respondent is a person with a substance-related
31
 substance use disorder who is in need of full-time custody,
32care, and treatment in a facility, and is considered likely
33to benefit from treatment. If the report so states, the
34court shall enter an order which may require the respondent’s
35continued placement and commitment to a facility for
-71-1appropriate treatment.
   23.  That the respondent is a person with a substance-related
3
 substance use disorder who is in need of treatment, but does
4not require full-time placement in a facility. If the report
5so states, the report shall include the chief medical officer’s
6recommendation for treatment of the respondent on an outpatient
7or other appropriate basis, and the court shall enter an order
8which may direct the respondent to submit to the recommended
9treatment. The order shall provide that if the respondent
10fails or refuses to submit to treatment, as directed by the
11court’s order, the court may order that the respondent be
12taken into immediate custody as provided by section 125.81
13and, following notice and hearing held in accordance with
14the procedures of sections 125.77 and 125.82, may order the
15respondent treated as a patient requiring full-time custody,
16care, and treatment as provided in subsection 2, and may order
17the respondent involuntarily committed to a facility.
   184.  That the respondent is a person with a substance-related
19
 substance use disorder who is in need of treatment, but in
20the opinion of the chief medical officer is not responding to
21the treatment provided. If the report so states, the report
22shall include the facility administrator’s recommendation for
23alternative placement, and the court shall enter an order
24which may direct the respondent’s transfer to the recommended
25placement or to another placement after consultation with the
26 respondent’s attorney and the facility administrator who made
27the report under this subsection.
28   Sec. 122.  Section 125.85, subsection 1, Code 2023, is
29amended to read as follows:
   301.  A respondent committed under section 125.84, subsection
312, shall remain in the custody of a facility for treatment
32for a period of thirty days, unless sooner discharged. The
33department is not required to pay the cost of any medication or
34procedure provided to the respondent during that period which
35is not necessary or appropriate to the specific objectives
-72-1of detoxification and treatment of substance abuse use
2disorder
. At the end of the thirty-day period, the respondent
3shall be discharged automatically unless the administrator
4of the facility, before expiration of the period, obtains a
5court order for the respondent’s recommitment pursuant to an
6application under section 125.75, for a further period not to
7exceed ninety days.
8   Sec. 123.  Section 125.91, Code 2023, is amended to read as
9follows:
   10125.91  Emergency detention.
   111.  The procedure prescribed by this section shall only
12be used for a person with a substance-related substance
13use
disorder due to intoxication or substance-induced
14incapacitation who has threatened, attempted, or inflicted
15physical self-harm or harm on another, and is likely to inflict
16physical self-harm or harm on another unless immediately
17detained, or who is incapacitated by a substance, if an
18application has not been filed naming the person as the
19respondent pursuant to section 125.75 and the person cannot be
20ordered into immediate custody and detained pursuant to section
21125.81.
   222.  a.  A peace officer who has reasonable grounds to believe
23that the circumstances described in subsection 1 are applicable
24may, without a warrant, take or cause that person to be taken
25to the nearest available facility referred to in section
26125.81, subsection 2, paragraph “b” or “c”. Such a person with
27a substance-related substance use disorder due to intoxication
28or substance-induced incapacitation who also demonstrates
29a significant degree of distress or dysfunction may also
30be delivered to a facility by someone other than a peace
31officer upon a showing of reasonable grounds. Upon delivery
32of the person to a facility under this section, the attending
33physician and surgeon or osteopathic physician and surgeon may
34order treatment of the person, but only to the extent necessary
35to preserve the person’s life or to appropriately control
-73-1the person’s behavior if the behavior is likely to result in
2physical injury to the person or others if allowed to continue.
3The peace officer or other person who delivered the person to
4the facility shall describe the circumstances of the matter to
5the attending physician and surgeon or osteopathic physician
6and surgeon. If the person is a peace officer, the peace
7officer may do so either in person or by written report.
   8b.  If the attending physician and surgeon or osteopathic
9physician and surgeon has reasonable grounds to believe that
10the circumstances in subsection 1 are applicable, the facility
11shall have the authority to detain the person for a period of
12no longer than twelve hours. Within twelve hours of detaining
13a person pursuant to this section, the attending physician
14shall communicate with the nearest available magistrate.
   15c.  Once contacted pursuant to paragraph “b”, the magistrate
16shall, based upon the circumstances described by the attending
17physician and surgeon or osteopathic physician and surgeon,
18give the attending physician and surgeon or osteopathic
19physician and surgeon oral instructions either directing that
20the person be released forthwith, or authorizing the person’s
21detention in an appropriate facility. The magistrate may also
22give oral instructions and order that the detained person be
23transported to an appropriate facility.
   24d.  If the magistrate orders that the person be detained, the
25magistrate shall, by the close of business on the next working
26day, file a written order with the clerk in the county where it
27is anticipated that an application may be filed under section
28125.75. The order may be filed by facsimile if necessary. The
29order shall state the circumstances under which the person was
30taken into custody or otherwise brought to a facility and the
31grounds supporting the finding of probable cause to believe
32that the person is a person with a substance-related substance
33use
disorder likely to result in physical injury to the person
34or others if not detained. The order shall confirm the oral
35order authorizing the person’s detention including any order
-74-1given to transport the person to an appropriate facility. The
2clerk shall provide a copy of that order to the attending
3physician and surgeon or osteopathic physician and surgeon at
4the facility to which the person was originally taken, any
5subsequent facility to which the person was transported, and
6to any law enforcement department or ambulance service that
7transported the person pursuant to the magistrate’s order.
   83.  The attending physician and surgeon or osteopathic
9physician and surgeon shall examine and may detain the person
10pursuant to the magistrate’s order for a period not to exceed
11forty-eight hours from the time the order is dated, excluding
12Saturdays, Sundays, and holidays, unless the order is dismissed
13by a magistrate. The facility may provide treatment which is
14necessary to preserve the person’s life or to appropriately
15control the person’s behavior if the behavior is likely to
16result in physical injury to the person or others if allowed
17to continue or is otherwise deemed medically necessary by
18the attending physician and surgeon or osteopathic physician
19and surgeon or mental health professional, but shall not
20otherwise provide treatment to the person without the person’s
21consent. The person shall be discharged from the facility and
22released from detention no later than the expiration of the
23forty-eight-hour period, unless an application for involuntary
24commitment is filed with the clerk pursuant to section 125.75.
25The detention of a person by the procedure in this section, and
26not in excess of the period of time prescribed by this section,
27shall not render the peace officer, attending physician and
28surgeon or osteopathic physician and surgeon, or facility
29detaining the person liable in a criminal or civil action
30for false arrest or false imprisonment if the peace officer,
31attending physician and surgeon or osteopathic physician
32and surgeon, mental health professional, or facility had
33reasonable grounds to believe that the circumstances described
34in subsection 1 were applicable.
   354.  The cost of detention in a facility under the procedure
-75-1prescribed in this section shall be paid in the same way as if
2the person had been committed to the facility pursuant to an
3application filed under section 125.75.
4   Sec. 124.  Section 125.93, Code 2023, is amended to read as
5follows:
   6125.93  Commitment records — confidentiality.
   7Records of the identity, diagnosis, prognosis, or treatment
8of a person which are maintained in connection with the
9provision of substance abuse use disorder treatment services
10are confidential, consistent with the requirements of section
11125.37, and with the federal confidentiality regulations
12authorized by the federal Drug Abuse Office and Treatment Act,
13 42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
14and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
15U.S.C. §290dd-2. However, such records may be disclosed to an
16employee of the department of corrections, if authorized by the
17director of the department of corrections, or to an employee
18of a judicial district department of correctional services, if
19authorized by the director of the judicial district department
20of correctional services.
21   Sec. 125.  Section 135.1, Code 2023, is amended to read as
22follows:
   23135.1  Definitions.
   24For the purposes of chapter 155 and Title IV, subtitle 2,
25excluding chapter 146, unless otherwise defined:
   261.  “Director” shall mean means the director of public health
 27and human services.
   282.  “Health officer” means the physician, physician
29assistant, advanced registered nurse practitioner, or advanced
30practice registered nurse who is the health officer of the
31local board of health.
   323.  “Local board” shall mean means the local board of health.
   334.  “Physician” means a person licensed to practice
34medicine and surgery, osteopathic medicine and surgery,
35chiropractic, podiatry, or optometry under the laws of this
-76-1state; but a person licensed as a physician and surgeon shall
2be designated as a “physician” or “surgeon”, a person licensed
3as an osteopathic physician and surgeon shall be designated
4as an “osteopathic physician” or “osteopathic surgeon”, a
5person licensed as a chiropractor shall be designated as a
6“chiropractor”, a person licensed as a podiatrist shall be
7designated as a “podiatric physician”, and a person licensed
8as an optometrist shall be designated as an “optometrist”. A
9definition or designation contained in this subsection shall
10not be interpreted to expand the scope of practice of such
11licensees.
   125.  “Rules” shall include regulations and orders.
   136.  “State department” or “department” shall mean means the
14Iowa department of public health and human services.
15   Sec. 126.  Section 135.11, Code 2023, is amended to read as
16follows:
   17135.11  Duties Public health duties of department.
   18The director of public health shall be the head of the “Iowa
19Department of Public Health”, which
 department shall:
   201.  Exercise general supervision over the public health,
21promote public hygiene and sanitation, prevent substance abuse
22
 use disorder and unless otherwise provided, enforce the laws
23relating to the same.
   242.  Conduct campaigns for the education of the people in
25hygiene and sanitation.
   263.  Issue monthly health bulletins containing fundamental
27health principles and other health data deemed of public
28interest.
   294.  Make investigations and surveys in respect to the
30causes of disease and epidemics, and the effect of locality,
31employment, and living conditions upon the public health. For
32this purpose the department may use the services of the experts
33connected with the state hygienic laboratory at the state
34university of Iowa
.
   355.  Establish stations throughout the state for the
-77-1distribution of antitoxins and vaccines to physicians,
2druggists pharmacists, and other persons, at cost. All
3antitoxin and vaccine thus distributed shall be labeled “Iowa
4Department of Public Health and Human Services”.
   56.  Exercise general supervision over the administration and
6enforcement of the sexually transmitted diseases and infections
7law, chapter 139A, subchapter II.
   87.  Exercise sole jurisdiction over the disposal and
9transportation of the dead bodies of human beings and prescribe
10the methods to be used in preparing such bodies for disposal
11and transportation. However, the department may approve
12a request for an exception to the application of specific
13embalming and disposition rules adopted pursuant to this
14subsection if such rules would otherwise conflict with tenets
15and practices of a recognized religious denomination to which
16the deceased individual adhered or of which denomination the
17deceased individual was a member. The department shall inform
18the board of mortuary science of any such approved exception
19which may affect services provided by a funeral director
20licensed pursuant to chapter 156.
   218.  Establish, publish, and enforce rules which require
22companies, corporations, and other entities to obtain a permit
23from the department prior to scattering cremated human remains.
   249.  Exercise general supervision over the administration and
25enforcement of the vital statistics law, chapter 144.
   2610.  Enforce the law relative to chapter 146 and
27“Health-related Professions”, Title IV, subtitle 3, excluding
28chapter 155.
   2911.  Establish and maintain divisions as are necessary
30for the proper enforcement of the laws administered by the
31department.
   3212.  Establish, publish, and enforce rules not inconsistent
33with law for the enforcement of the provisions of chapter 125
34and 155, and Title IV, subtitle 2, excluding chapter 146 and
35for the enforcement of the various laws, the administration and
-78-1supervision of which are imposed upon the department.
   213.    10.  Administer healthy aging and essential public
3health services by approving grants of state funds to the local
4boards of health for the purposes of promoting healthy aging
5throughout the lifespan and enhancing health promotion and
6disease prevention services, and by providing guidelines for
7the approval of the grants and allocation of the state funds.
8Guidelines, evaluation requirements and formula allocation
9procedures for the services shall be established by the
10department by rule.
   1114.    11.  Administer chapters 125, 136A, 136C, 139A, 142,
12142A, 144, and 147A.
   1315.  Issue an annual report to the governor as provided in
14section 7E.3, subsection 4.
   1516.    12.  Consult with the office of statewide clinical
16education programs at the university of Iowa college of
17medicine and annually submit a report to the general assembly
18by January 15 verifying the number of physicians in active
19practice in Iowa by county who are engaged in providing
20obstetrical care. To the extent data are readily available,
21the report shall include information concerning the number
22of deliveries per year by specialty and county, the age of
23physicians performing deliveries, and the number of current
24year graduates of the university of Iowa college of medicine
25and the Des Moines university — osteopathic medical center
26entering into residency programs in obstetrics, gynecology,
27and family practice. The report may include additional
28data relating to access to obstetrical services that may be
29available.
   3017.    13.  Administer the statewide maternal and child health
31program and the program for children with disabilities by
32conducting mobile and regional child health specialty clinics
33and conducting other activities to improve the health of
34low-income women and children and to promote the welfare of
35children with actual or potential conditions which may cause
-79-1disabilities and children with chronic illnesses in accordance
2with the requirements of Tit.V of the federal Social Security
3Act. The department shall provide technical assistance to
4encourage the coordination and collaboration of state agencies
5in developing outreach centers which provide publicly supported
6services for pregnant women, infants, and children. The
7department shall also, through cooperation and collaborative
8agreements with the department of human services and the
9 mobile and regional child health specialty clinics, establish
10common intake proceedings for maternal and child health
11services. The department shall work in cooperation with the
12legislative services agency in monitoring the effectiveness of
13the maternal and child health centers, including the provision
14of transportation for patient appointments and the keeping of
15scheduled appointments.
   1618.    14.  Establish, publish, and enforce rules requiring
17prompt reporting of methemoglobinemia, pesticide poisoning, and
18the reportable poisonings and illnesses established pursuant
19to section 139A.21.
   2019.    15.  Collect and maintain reports of pesticide
21poisonings and other poisonings, illnesses, or injuries
22caused by selected chemical or physical agents,
23including methemoglobinemia and pesticide and fertilizer
24hypersensitivity; and compile and publish, annually, a
25statewide and county-by-county profile based on the reports.
   2620.    16.  Adopt rules which require personnel of a licensed
27hospice, of a homemaker-home health aide provider agency
28which receives state homemaker-home health aide funds, or of
29an agency which provides respite care services and receives
30funds to complete training concerning blood-borne pathogens,
31including human immunodeficiency virus and viral hepatitis,
32consistent with standards from the federal occupational safety
33and health administration.
   3421.    17.  Adopt rules which require all emergency medical
35services personnel, fire fighters, and law enforcement
-80-1personnel to complete training concerning blood-borne
2pathogens, including human immunodeficiency virus and
3viral hepatitis, consistent with standards from the federal
4occupational safety and health administration.
   522.    18.  Adopt rules which provide for the testing of a
6convicted or alleged offender for the human immunodeficiency
7virus pursuant to sections 915.40 through 915.43. The rules
8shall provide for the provision of counseling, health care, and
9support services to the victim.
   1023.    19.  Establish ad hoc and advisory committees to the
11director in areas where technical expertise is not otherwise
12readily available. Members may be compensated for their actual
13and necessary expenses incurred in the performance of their
14duties. To encourage health consumer participation, public
15members may also receive a per diem as specified in section
167E.6 if funds are available and the per diem is determined
17to be appropriate by the director. Expense moneys paid to
18the members shall be paid from funds appropriated to the
19department. A majority of the members of such a committee
20constitutes a quorum.
   2124.    20.  Administer annual grants to county boards of health
22for the purpose of conducting programs for the testing of
23private water supply wells, the closing of abandoned private
24water supply wells, and the renovation or rehabilitation of
25private water supply wells. Grants shall be funded through
26moneys transferred to the department from the agriculture
27management account of the groundwater protection fund pursuant
28to section 455E.11, subsection 2, paragraph “b”, subparagraph
29(2), subparagraph division (b). The department shall adopt
30rules relating to the awarding of the grants.
   3125.    21.  Establish and administer, if sufficient funds
32are available to the department, a program to assess and
33forecast health workforce supply and demand in the state for
34the purpose of identifying current and projected workforce
35needs. The program may collect, analyze, and report data that
-81-1furthers the purpose of the program. The program shall not
2release information that permits identification of individual
3respondents of program surveys.
   426.    22.  In consultation with the advisory committee for
5perinatal guidelines, develop and maintain the statewide
6perinatal program based on the recommendations of the American
7academy of pediatrics and the American college of obstetricians
8and gynecologists contained in the most recent edition of
9the guidelines for perinatal care, and shall adopt rules in
10accordance with chapter 17A to implement those recommendations.
11Hospitals within the state shall determine whether to
12participate in the statewide perinatal program, and select the
13hospital’s level of participation in the program. A hospital
14having determined to participate in the program shall comply
15with the guidelines appropriate to the level of participation
16selected by the hospital. Perinatal program surveys and
17reports are privileged and confidential and are not subject to
18discovery, subpoena, or other means of legal compulsion for
19their release to a person other than the affected hospital, and
20are not admissible in evidence in a judicial or administrative
21proceeding other than a proceeding involving verification of
22the participating hospital under this subsection.
   2327.    23.  In consultation with the department of corrections,
24the antibiotic resistance task force, and the American
25federation of state, county and municipal employees, develop
26educational programs to increase awareness and utilization of
27infection control practices in institutions listed in section
28904.102.
   2928.    24.  Administer the Iowa youth survey, in collaboration
30with other state agencies, as appropriate, every two years to
31students in grades six, eight, and eleven in Iowa’s public
32and nonpublic schools. Survey data shall be evaluated and
33reported, with aggregate data available online at the Iowa
34youth survey internet site.
35   Sec. 127.  Section 135.14, Code 2023, is amended to read as
-82-1follows:
   2135.14  State public health dental director — duties program.
   31.  The position of state public health dental director is
4established within the department.
   52.  The dental director department shall perform all of the
6following duties:
   7a.    1.  Plan and direct all work activities of the statewide
8public health dental program.
   9b.    2.  Develop comprehensive dental initiatives for
10prevention activities.
   11c.    3.  Evaluate the effectiveness of the statewide public
12health dental program and of program personnel.
   13d.  Manage the oral and health delivery systems bureau
14including direction, supervision, and fiscal management of
15bureau staff.
   16e.    4.  Other related work as required.
17   Sec. 128.  Section 135.15, Code 2023, is amended to read as
18follows:
   19135.15  Oral and health delivery systems bureau established —
20responsibilities
.
   21An oral and health delivery systems bureau is established
22within the division of health promotion and chronic disease
23prevention of the department.
The bureau department shall be
24responsible for all of the following:
   251.  Providing population-based oral health services,
26including public health training, improvement of dental support
27systems for families, technical assistance, awareness-building
28activities, and educational services, at the state and local
29level to assist Iowans in maintaining optimal oral health
30throughout all stages of life.
   312.  Performing infrastructure building and enabling services
32through the administration of state and federal grant programs
33targeting access improvement, prevention, and local oral
34health programs utilizing maternal and child health programs,
35Medicaid, and other new or existing programs.
-83-
   13.  Leveraging federal, state, and local resources for
2programs under the purview of the bureau department.
   34.  Facilitating ongoing strategic planning and application
4of evidence-based research in oral health care policy
5development that improves oral health care access and the
6overall oral health of all Iowans.
   75.  Developing and implementing an ongoing oral health
8surveillance system for the evaluation and monitoring of
9the oral health status of children and other underserved
10populations.
   116.  Facilitating the provision of oral health services
12through dental homes. For the purposes of this section,
13“dental home” means a network of individualized care based on
14risk assessment, which includes oral health education, dental
15screenings, preventive services, diagnostic services, treatment
16services, and emergency services.
17   Sec. 129.  Section 135.16A, subsection 2, Code 2023, is
18amended to read as follows:
   192.  a.  The department of inspections and appeals shall
20assist the Iowa department of public health in adopting rules
21necessary to implement and administer this section.
   22b.  If necessary to implement, administer, and enforce this
23section, the Iowa department of public health, in cooperation
24with the department of agriculture and land stewardship, shall
25submit a request to the United States department of agriculture
26for a waiver or other exception from regulations as deemed
27feasible by the Iowa department of public health. The Iowa
28 department of public health shall regularly report the status
29of such request to the legislative services agency.
30   Sec. 130.  Section 135.22A, subsection 2, Code 2023, is
31amended to read as follows:
   322.  The advisory council on brain injuries is established.
33The following persons or their designees shall serve as ex
34officio, nonvoting members of the council:
   35a.  The director of public health and human services or the
-84-1director’s designee
.
   2b.  The director of human services and any division
3administrators of the department of human services so assigned
4by the director.
   5c.    b.  The director of the department of education.
   6d.    c.  The chief of the special education bureau of the
7department of education.
   8e.    d.  The administrator of the division of vocational
9rehabilitation services of the department of education
10
 workforce development.
   11f.    e.  The director of the department for the blind.
12   Sec. 131.  Section 135.22B, subsections 1, 2, 6, and 7, Code
132023, are amended to read as follows:
   141.  Definitions.  For the purposes of this section:,
   15a.  “Brain injury services waiver” “brain injury services
16waiver”
means the state’s medical assistance home and
17community-based services waiver for persons with brain injury
18implemented under chapter 249A.
   19b.  “Program administrator” means the division of the
20department designated to administer the brain injury services
21program in accordance with subsection 2.
   222.  Program created.
   23a.  A brain injury services program is created and shall be
24administered by a division of the Iowa department of public
25health
in cooperation with counties and the department of human
26services
.
   27b.  The division of the department assigned to administer the
28advisory council on brain injuries under section 135.22A shall
29be the program administrator.
The division department’s duties
30shall include but are not limited to serving as the fiscal
31agent and contract administrator for the program and providing
32program oversight.
   33c.  The division department shall consult with the advisory
34council on brain injuries, established pursuant to section
35135.22A, regarding the program and shall report to the council
-85-1concerning the program at least quarterly. The council shall
2make recommendations to the department concerning the program’s
3operation.
   46.  Cost-share requirements.
   5a.  The cost-share component’s financial eligibility
6requirements shall be established in administrative rule. In
7establishing the requirements, the department shall consider
8the eligibility and cost-share requirements used for the hawk-i
9
 Hawki program under chapter 514I.
   10b.  An individual’s cost-share responsibility for services
11under the cost-share component shall be determined on a
12sliding scale based upon the individual’s family income. An
13individual’s cost-share shall be assessed as a copayment, which
14shall not exceed thirty percent of the cost payable for the
15service.
   16c.  The service provider shall bill the department for the
17portion of the cost payable for the service that is not covered
18by the individual’s copayment responsibility.
   197.  Application process.
   20a.  The application materials for services under the
21cost-share component of the brain injury services program
22shall use the application form and other materials of the
23brain injury services waiver. In order to apply for the brain
24injury services program, the applicant must authorize the
25department of human services to provide the applicant’s waiver
26application materials to the brain injury services program.
27The application materials provided shall include but are not
28limited to the waiver application and any denial letter,
29financial assessment, and functional assessment regarding the
30person.
   31b.  If a functional assessment for the waiver has not
32been completed due to a person’s financial ineligibility for
33the waiver, the brain injury services program may provide
34for a functional assessment to determine the person’s needs
35by reimbursing the department of human services for the
-86-1assessment.
   2c.  The program administrator department shall file copies
3of the individual’s application and needs assessment with the
4program resource facilitator assigned to the individual’s
5geographic area.
   6d.  The department’s program administrator department shall
7make a final determination as to whether program funding will
8be authorized under the cost-share component.
9   Sec. 132.  Section 135.24, subsection 2, unnumbered
10paragraph 1, Code 2023, is amended to read as follows:
   11The department, in consultation with the department of human
12services,
shall adopt rules to implement the volunteer health
13care provider program which shall include the following:
14   Sec. 133.  Section 135.24A, Code 2023, is amended to read as
15follows:
   16135.24A  Free clinics — volunteer record check.
   171.  For purposes of this section, “free clinic” means a free
18clinic as defined in section 135.24 that is also a network
19of free clinics in this state that offers operational and
20collaborative opportunities to free clinics.
   212.  Persons who are potential volunteers or volunteers in
22a free clinic in a position having direct individual contact
23with patients of the free clinic shall be subject to criminal
24history and child and dependent adult abuse record checks in
25accordance with this section. The free clinic shall request
26that the department of public safety perform the criminal
27history check and the record check evaluation system of the
28 department of health and human services perform child and
29dependent adult abuse record checks of the person in this state
30and may request these checks in other states.
   313.  A free clinic subject to this section shall establish
32an evaluation process to determine whether a crime of founded
33child or dependent adult abuse warrants prohibition of the
34person’s participation as a volunteer in the free clinic.
35The evaluation process shall not be less stringent than
-87-1the evaluation process performed by the department of human
2services
 record check evaluation system and shall be approved
3by the department of human services.
4   Sec. 134.  Section 135.25, Code 2023, is amended to read as
5follows:
   6135.25  Emergency medical services fund.
   7An emergency medical services fund is created in the state
8treasury under the control of the department. The fund
9includes, but is not limited to, amounts appropriated by the
10general assembly, amounts transferred pursuant to section
11602.8108, subsection 4, and other moneys available from
12federal or private sources which are to be used for purposes
13of this section. Funds remaining in the fund at the end of
14each fiscal year shall not revert to the general fund of the
15state but shall remain in the emergency medical services fund,
16notwithstanding section 8.33. The fund is established to
17assist counties by matching, on a dollar-for-dollar basis,
18moneys spent by a county for the acquisition of equipment for
19the provision of emergency medical services and by providing
20grants to counties for education and training in the delivery
21of emergency medical services, as provided in this section and
22section 422D.6. A county seeking matching funds under this
23section shall apply to the emergency medical services division
24of the
department. The department shall adopt rules concerning
25the application and awarding process for the matching funds and
26the criteria for the allocation of moneys in the fund if the
27moneys are insufficient to meet the emergency medical services
28needs of the counties. Moneys allocated by the department to a
29county for emergency medical services purposes may be used for
30equipment or training and education as determined by the board
31of supervisors pursuant to section 422D.6.
32   Sec. 135.  Section 135.36, Code 2023, is amended to read as
33follows:
   34135.36  Interference with health department officer —
35penalties.
-88-
   1Any person resisting or interfering with the department, its
2employees, or authorized agents, in the discharge of any duty
3imposed by law shall be guilty of a simple misdemeanor.
4   Sec. 136.  Section 135.39, Code 2023, is amended to read as
5follows:
   6135.39  Federal aid.
   7The state department of public health is hereby authorized
8to
 may accept financial aid from the government of the United
9States for the purpose of assisting in carrying on public
10health or substance abuse use disorder responsibility in the
11state of Iowa.
12   Sec. 137.  Section 135.39B, subsection 3, Code 2023, is
13amended to read as follows:
   143.  The prohibition under this section shall not apply to
15early childhood immunizations for influenza or in times of
16emergency or epidemic as determined by the director of public
17health
. If an emergency or epidemic is determined to exist
18by the director of public health under this subsection, the
19director of public health shall notify the state board of
20
 council on health and human services, the governor, and the
21legislative council, and shall notify the public upon request.
22   Sec. 138.  Section 135.39E, Code 2023, is amended to read as
23follows:
   24135.39E  Fluoridation in public water supply — notice of
25discontinuance.
   261.  At least ninety days prior to taking any action to
27permanently discontinue fluoridation in its water supply, an
28owner or operator of a public water supply system, as defined
29in section 455B.171, shall provide notice to the oral and
30health delivery systems bureau established in section 135.15
31department and the public water supply system’s customers.
   322.  In order to provide notice to its customers, the owner or
33operator of the public water supply system shall place a notice
34on each customer’s water bill or provide notice in a way that
35is reasonably calculated so that all customers will receive the
-89-1notice.
   23.  Section 135.38 does not apply to violations of this
3section.
4   Sec. 139.  Section 135.43, Code 2023, is amended to read as
5follows:
   6135.43  Iowa child death review team established — duties.
   71.  An Iowa child death review team is established as part
8of the office of the state medical examiner
 in the department.
9The office of the state medical examiner department shall
10provide staffing and administrative support to the team.
   112.  The membership of the review team is subject to the
12provisions of sections 69.16 and 69.16A, relating to political
13affiliation and gender balance. Review team members who
14are not designated by another appointing authority shall be
15appointed by the state medical examiner director. Membership
16terms shall be for three years. A membership vacancy shall be
17filled in the same manner as the original appointment. The
18review team shall elect a chairperson and other officers as
19deemed necessary by the review team. The review team shall
20meet upon the call of the state medical examiner director or as
21determined by the review team. The review team shall include
22the following:
   23a.  The state medical examiner or the state medical
24examiner’s designee.
   25b.  A certified or licensed professional who is knowledgeable
26concerning sudden infant death syndrome.
   27c.  A pediatrician who is knowledgeable concerning deaths of
28children.
   29d.  A family practice physician who is knowledgeable
30concerning deaths of children.
   31e.  One mental health professional who is knowledgeable
32concerning deaths of children.
   33f.  One social worker who is knowledgeable concerning deaths
34of children.
   35g.  A certified or licensed professional who is knowledgeable
-90-1concerning domestic violence.
   2h.  A professional who is knowledgeable concerning substance
3abuse use disorder.
   4i.  A local law enforcement official.
   5j.  A county attorney.
   6k.  An emergency room nurse who is knowledgeable concerning
7the deaths of children.
   8l.  A perinatal expert.
   9m.  A representative of the health insurance industry.
   10n.  One other member who is appointed at large.
   113.  The review team shall perform the following duties:
   12a.  Collect, review, and analyze child death certificates and
13child death data, including patient records or other pertinent
14confidential information concerning the deaths of children
15under age eighteen, and other information as the review team
16deems appropriate for use in preparing an annual report to the
17governor and the general assembly concerning the causes and
18manner of child deaths. The report shall include analysis of
19factual information obtained through review and recommendations
20regarding prevention of child deaths.
   21b.  Recommend to the governor and the general assembly
22interventions to prevent deaths of children based on an
23analysis of the cause and manner of such deaths.
   24c.  Recommend to the agencies represented on the review team
25changes which may prevent child deaths.
   26d.  Except as authorized by this section, maintain the
27confidentiality of any patient records or other confidential
28information reviewed.
   29e.  Recommend to the department of human services,
30appropriate law enforcement agencies, and any other person
31involved with child protection, interventions that may prevent
32harm to a child who is related to or is living in the same home
33as a child whose case is reviewed by the team.
   34f.  If the sharing of information is necessary to assist in
35or initiate a child death investigation or criminal prosecution
-91-1and the office or agency receiving the information does not
2otherwise have access to the information, share information
3possessed by the review team with the office of the attorney
4general, a county attorney’s office, or an appropriate
5law enforcement agency. The office or agency receiving
6the information shall maintain the confidentiality of the
7information in accordance with this section. Unauthorized
8release or disclosure of the information received is subject to
9penalty as provided in this section.
   10g.  In order to assist a division of the department in
11performing the division’s department’s duties, if the division
12
 department does not otherwise have access to the information,
13share information possessed by the review team. The division
14receiving
 recipient of the information shall maintain the
15confidentiality of the information in accordance with this
16section. Unauthorized release or disclosure of the information
17received is subject to penalty as provided in this section.
   184.  The review team department shall develop protocols for a
19child fatality review committee, to be appointed by the state
20medical examiner
 director on an ad hoc basis, to immediately
21review the child abuse assessments which involve the fatality
22of a child under age eighteen. The state medical examiner
23
 director shall appoint a medical examiner, a pediatrician, and
24a person involved with law enforcement to the committee.
   25a.  The purpose of the review shall be to determine
26whether the department of human services and others involved
27with the case of child abuse responded appropriately. The
28protocols shall provide for the committee to consult with any
29multidisciplinary team, as defined in section 235A.13, that
30is operating in the area in which the fatality occurred. The
31protocols shall also ensure that a member of the child fatality
32review committee does not have a conflict of interest regarding
33the child fatality under review.

   34b.  The committee shall have access to patient records
35and other pertinent confidential information and, subject to
-92-1the restrictions in this subsection, may redisseminate the
2confidential information in the committee’s report.
   3c.  Upon completion of the review, the committee shall issue
4a report which shall include findings concerning the case and
5recommendations for changes to prevent child fatalities when
6similar circumstances exist. The report shall include but
7is not limited to the following information, subject to the
8restrictions listed in paragraph “d”:
   9(1)  The dates, outcomes, and results of any actions taken by
10the department of human services and others in regard to each
11report and allegation of child abuse involving the child who
12died.
   13(2)  The results of any review of the case performed by a
14multidisciplinary team, or by any other public entity that
15reviewed the case.
   16(3)  Confirmation of receipt by the department of human
17services
of any report of child abuse involving the child,
18including confirmation as to whether or not any assessment
19involving the child was performed in accordance with section
20232.71B, the results of any assessment, a description of the
21most recent assessment and the services offered to the family,
22the services rendered to the family, and the basis for the
23department’s decisions concerning the case.
   24d.  Prior to issuing the report, the committee shall consult
25with the county attorney responsible for prosecution of the
26alleged perpetrator of the child fatality. The committee’s
27report shall include child abuse information associated with
28the case and the child, but is subject to the restrictions
29applicable to the department of human services for release of
30information concerning a child fatality or near fatality in
31accordance with section 235A.15, subsection 9.
   32e.  Following the completion of the trial of any alleged
33perpetrator of the child fatality and the appeal period
34for the granting of a new trial, the committee shall issue
35a supplemental report containing the information that was
-93-1withheld, in accordance with paragraph “d”, so as not to
2jeopardize the prosecution or the rights of the alleged
3perpetrator to a fair trial as described in section 235A.15,
4subsection 9, paragraphs “e” and “f”.
   5f.  The report and any supplemental report shall be submitted
6to the governor and general assembly.
   7g.  If deemed appropriate by the committee, at any point
8in the review the committee may recommend to the department
9of human services, appropriate law enforcement agencies, and
10any other person involved with child protection, interventions
11that may prevent harm to a child who is related to or is living
12in the same home as a child whose case is reviewed by the
13committee.
   145.  a.  The following individuals shall designate a liaison
15to assist the review team in fulfilling its responsibilities:
   16(1)  The director of public health and human services.
   17(2)  The director of human services.
   18(3)    (2)  The commissioner of public safety.
   19(4)    (3)  The attorney general.
   20(5)    (4)  The director of transportation.
   21(6)    (5)  The director of the department of education.
   22b.  In addition, the chairperson of the review team
23
 department shall designate a liaison from the public at large
24to assist the review team in fulfilling its responsibilities.
   256.  The review team may establish subcommittees to which the
26team may delegate some or all of the team’s responsibilities
27under subsection 3.
   287.  a.  The state medical examiner, the Iowa department
29of public health, and the
department of human services shall
30adopt rules providing for disclosure of information which is
31confidential under chapter 22 or any other provision of state
32law, to the review team for purposes of performing its child
33death and child abuse review responsibilities.
   34b.  A person in possession or control of medical,
35investigative, assessment, or other information pertaining to a
-94-1child death and child abuse review shall allow the inspection
2and reproduction of the information by the office of the state
3medical examiner
 department upon the request of the office
4
 department, to be used only in the administration and for
5the duties of the Iowa child death review team. Except as
6provided for a report on a child fatality by an ad hoc child
7fatality review committee under subsection 4, information and
8records produced under this section which are confidential
9under section 22.7 and chapter 235A, and information or records
10received from the confidential records, remain confidential
11under this section. A person does not incur legal liability
12by reason of releasing information to the department or the
13office of the state medical examiner
as required under and in
14compliance with this section.
   158.  Review team members and their agents are immune from any
16liability, civil or criminal, which might otherwise be incurred
17or imposed as a result of any act, omission, proceeding,
18decision, or determination undertaken or performed, or
19recommendation made as a review team member or agent provided
20that the review team members or agents acted in good faith
21and without malice in carrying out their official duties in
22their official capacity. The state medical examiner department
23 shall adopt rules pursuant to chapter 17A to administer
24this subsection. A complainant bears the burden of proof in
25establishing malice or lack of good faith in an action brought
26against review team members involving the performance of their
27duties and powers under this section.
   289.  A person who releases or discloses confidential data,
29records, or any other type of information in violation of this
30section is guilty of a serious misdemeanor.
31   Sec. 140.  Section 135.61, subsection 12, Code 2023, is
32amended to read as follows:
   3312.  “Health services” means clinically related diagnostic,
34curative, or rehabilitative services, and includes alcoholism,
35drug abuse,
 substance use disorder and mental health services.
-95-
1   Sec. 141.  Section 135.100, subsection 1, Code 2023, is
2amended to read as follows:
   31.  “Department” means the Iowa department of public health
 4and human services.
5   Sec. 142.  Section 135.101, Code 2023, is amended to read as
6follows:
   7135.101  Childhood lead poisoning prevention program.
   8There is established a childhood lead poisoning prevention
9program within the Iowa department of public health. The
10department shall implement and review programs necessary to
11eliminate potentially dangerous toxic lead levels in children
12in Iowa in a year for which funds are appropriated to the
13department for this purpose.
14   Sec. 143.  Section 135.106, subsection 1, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
   16The Iowa department of public health shall establish a
17healthy opportunities for parents to experience success (HOPES)
18– healthy families Iowa (HFI) program to provide services to
19families and children during the prenatal through preschool
20years. The program shall be designed to do all of the
21following:
22   Sec. 144.  Section 135.106, subsection 2, unnumbered
23paragraph 1, Code 2023, is amended to read as follows:
   24The HOPES-HFI program shall be developed by the Iowa
25 department of public health, and may be implemented, in
26whole or in part, by contracting with a nonprofit child
27abuse prevention organization, local nonprofit certified home
28health program or other local nonprofit organizations, and
29shall include, but is not limited to, all of the following
30components:
31   Sec. 145.  Section 135.106, subsection 3, Code 2023, is
32amended to read as follows:
   333.  It is the intent of the general assembly to provide
34communities with the discretion and authority to redesign
35existing local programs and services targeted at and assisting
-96-1families expecting babies and families with children who
2are newborn through five years of age. The Iowa department
3of public health, department of human services, department
4of education, and other state agencies and programs, as
5appropriate, shall provide technical assistance and support
6to communities desiring to redesign their local programs and
7shall facilitate the consolidation of existing state funding
8appropriated and made available to the community for family
9support services. Funds which are consolidated in accordance
10with this subsection shall be used to support the redesigned
11service delivery system. In redesigning services, communities
12are encouraged to implement a single uniform family risk
13assessment mechanism and shall demonstrate the potential for
14improved outcomes for children and families. Requests by
15local communities for the redesigning of services shall be
16submitted to the Iowa department of public health, department
17of human services,
and the department of education, and are
18subject to the approval of the early childhood Iowa state board
19in consultation with the departments, based on the practices
20utilized with early childhood Iowa areas under chapter 256I.
21   Sec. 146.  Section 135.107, Code 2023, is amended to read as
22follows:
   23135.107  Center for rural Rural health and primary care
24established — duties.
   251.  The center for rural health and primary care is
26established within the department.
   272.    1.  The center for rural health and primary care
28
 department shall do all of the following:
   29a.  Provide technical planning assistance to rural
30communities and counties exploring innovative means of
31delivering rural health services through community health
32services assessment, planning, and implementation, including
33but not limited to hospital conversions, cooperative agreements
34among hospitals, physician and health practitioner support,
35recruitment and retention of primary health care providers,
-97-1public health services, emergency medical services, medical
2assistance facilities, rural health care clinics, and
3alternative means which may be included in the long-term
4community health services assessment and developmental plan.
5The center for rural health and primary care department
6 shall encourage collaborative efforts of the local boards of
7health, hospital governing boards, and other public and private
<