House File 662 - IntroducedA 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.
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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.504, subsection 3, Code 2023, is amended
9to read as follows:
   103.  In the case of multiple claims to payments filed
11under this section, priority shall be given to claims filed
12by the child support recovery unit services or the foster
13care recovery unit services, next priority shall be given to
14claims filed by the clerk of the district court, next priority
15shall be given to claims filed by the college student aid
16commission, next priority shall be given to claims filed by the
17investigations division of the department of inspections and
18appeals, and last priority shall be given to claims filed by
19other public agencies. In the case of multiple claims in which
20the priority is not otherwise provided by this subsection,
21priority shall be determined in accordance with rules to be
22established by the director.
23   Sec. 12.  Section 8A.512, subsection 1, paragraph b,
24subparagraph (2), Code 2023, is amended to read as follows:
   25(2)  Claims for medical assistance payments authorized under
26chapter 249A are subject to the time limits imposed by rule
27adopted by the department of health and human services.
28   Sec. 13.  Section 10A.108, Code 2023, is amended to read as
29follows:
   3010A.108  Improper health and human services entitlement
31benefits or provider payments — debt, lien, collection.
   321.  a.  If a person refuses or neglects to repay benefits or
33provider payments inappropriately obtained from the department
34of health and human services, the amount inappropriately
35obtained, including any interest, penalty, or costs attached
-5-1to the amount, constitutes a debt and is a lien in favor of the
2state upon all property and any rights or title to or interest
3in property, whether real or personal, belonging to the person
4for the period established in subsection 2, with the exception
5of property which is exempt from execution pursuant to chapter
6627.
   7b.  A lien under this section shall not attach to any amount
8of inappropriately obtained benefits or provider payments, or
9portions of the benefits or provider payments, attributable to
10errors by the department of health and human services. Liens
11shall only attach to the amounts of inappropriately obtained
12benefits or provider payments or portions of the benefits or
13provider payments which were obtained due to false, misleading,
14incomplete, or inaccurate information submitted by a person in
15connection with the application for or receipt of benefits or
16provider payments.
   172.  a.  The lien attaches at the time the notice of the
18lien is filed under subsection 3, and continues for ten years
19from that date, unless released or otherwise discharged at an
20earlier time.
   21b.  The lien may be extended, within ten years from the
22date of attachment, if a person files a notice with the county
23recorder or other appropriate county official of the county
24in which the property is located at the time of filing the
25extension. From the time of the filing of the notice, the lien
26period shall be extended for ten years to apply to the property
27in the county in which the notice is filed, unless released
28or otherwise discharged at an earlier time. The number of
29extensions is not limited.
   30c.  The director department shall discharge any lien which is
31allowed to lapse and may charge off any account and release the
32corresponding lien before the lien has lapsed if the director
33
 department determines, under uniform rules prescribed by the
34director, that the account is uncollectible or collection costs
35involved would not warrant collection of the amount due.
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   13.  To preserve the lien against subsequent mortgagees,
2purchasers, or judgment creditors, for value and without notice
3of the lien, on any property located in a county, the director
4shall file a notice of the lien with the recorder of the county
5in which the property is located at the time of filing of the
6notice.
   74.  The county recorder of each county shall prepare
8and maintain in the recorder’s office an index of liens of
9debts established based upon benefits or provider payments
10inappropriately obtained from and owed the department of health
11and
human services, containing the applicable entries specified
12in sections 558.49 and 558.52, and providing appropriate
13columns for all of the following data, under the names of
14debtors, arranged alphabetically:
   15a.  The name of the debtor.
   16b.  “State of Iowa, Department of Health and Human Services”
17as claimant.
   18c.  The time that the notice of the lien was filed for
19recording.
   20d.  The date of notice.
   21e.  The amount of the lien currently due.
   22f.  The date of the assessment.
   23g.  The date of satisfaction of the debt.
   24h.  Any extension of the time period for application of the
25lien and the date that the notice for extension was filed.
   265.  The recorder shall endorse on each notice of lien the day
27and time filed for recording and the document reference number,
28and shall preserve the notice. The recorder shall index the
29notice and shall record the lien in the manner provided for
30recording real estate mortgages. The lien is effective from
31the time of the indexing.
   326.  The department shall pay, from moneys appropriated to
33the department for this purpose, recording fees as provided in
34section 331.604, for the recording of the lien.
   357.  Upon payment of a debt for which the director department
-7-1 has filed notice with a county recorder, the director
2
 department shall provide to the debtor a satisfaction of
3the debt. The debtor shall be responsible for filing the
4satisfaction of the debt with the recorder and the recorder
5shall enter the satisfaction on the notice on file in the
6recorder’s office.
   78.  The department of inspections, and appeals, and
8licensing
, as provided in this chapter and chapter 626, shall
9proceed to collect all debts owed the department of health and
10 human services as soon as practicable after the debt becomes
11delinquent. If service has not been made on a distress warrant
12by the officer to whom addressed within five days from the
13date the distress warrant was received by the officer, the
14authorized investigators of the department of inspections, and
15 appeals, and licensing may serve and make return of the warrant
16to the clerk of the district court of the county named in the
17distress warrant, and all subsequent procedures shall be in
18compliance with chapter 626.
   199.  The distress warrant shall be in a form as prescribed
20by the director, shall be directed to the sheriff of the
21appropriate county, and shall identify the debtor, the type
22of debt, and the delinquent amount. The distress warrant
23shall direct the sheriff to distrain, seize, garnish, or levy
24upon, and sell, as provided by law, any real or personal
25property belonging to the debtor to satisfy the amount of the
26delinquency plus costs. The distress warrant shall also direct
27the sheriff to make due and prompt return to the department
28or to the district court under chapter 626 of all amounts
29collected.
   3010.  The attorney general, upon the request of the director
31of inspections, and appeals, and licensing, shall bring an
32action, as the facts may justify, without bond, to enforce
33payment of any debts under this section, and in the action
34the attorney general shall have the assistance of the county
35attorney of the county in which the action is pending.
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   111.  The remedies of the state shall be cumulative and no
2action taken by the director of inspections, and appeals, and
3licensing
or attorney general shall be construed to be an
4election on the part of the state or any of its officers to
5pursue any remedy to the exclusion of any other remedy provided
6by law.
7   Sec. 14.  Section 10A.402, subsections 4 and 5, Code 2023,
8are amended to read as follows:
   94.  Investigations and collections relative to the
10liquidation of overpayment debts owed to the department of
 11health and human services. Collection methods include but are
12not limited to small claims filings, debt setoff, distress
13warrants, and repayment agreements, and are subject to approval
14by the department of health and human services.
   155.  Investigations relative to the administration of the
16state supplementary assistance program, the state medical
17assistance program, the food stamp supplemental nutrition
18assistance
program, the family investment program, and any
19other state or federal benefit assistance program.
20   Sec. 15.  Section 11.5B, Code 2023, is amended to read as
21follows:
   2211.5B  Repayment of audit expenses by state departments and
23agencies.
   24The auditor of state shall be reimbursed by a department
25or agency for performing audits or examinations of the
26following state departments or agencies, or funds received by
27a department or agency:
   281.  Department of commerce.
   292.  Department of health and human services.
   303.  State department of transportation.
   314.  Iowa department of public health.
   325.    4.  State board of regents.
   336.    5.  Department of agriculture and land stewardship.
   347.    6.  Iowa veterans home.
   358.    7.  Department of education.
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   19.    8.  Department of workforce development.
   210.    9.  Department of natural resources.
   311.    10.  Offices of the clerks of the district court of the
4judicial branch.
   512.    11.  The Iowa public employees’ retirement system.
   613.    12.  Federal financial assistance, as defined in the
7federal Single Audit Act, 31 U.S.C. §7501, et seq., received by
8all other departments.
   914.    13.  Department of administrative services.
   1015.    14.  Office of the chief information officer of the
11department of management.
12   Sec. 16.  Section 11.6, subsection 1, paragraph b, Code 2023,
13is amended to read as follows:
   14b.  The financial condition and transactions of community
15mental health centers organized under chapter 230A, substance
16abuse use disorder programs organized under chapter 125, and
17community action agencies organized under chapter 216A, shall
18be audited at least once each year.
19   Sec. 17.  Section 12.10, Code 2023, is amended to read as
20follows:
   2112.10  Deposits by state officers.
   22Except as otherwise provided, all elective and appointive
23state officers, boards, commissions, and departments shall,
24within ten days succeeding the collection, deposit with the
25treasurer of state, or to the credit of the treasurer of state
26in any depository designated by the treasurer of state, ninety
27percent of all fees, commissions, and moneys collected or
28received. The balance actually collected in cash, remaining
29in the hands of any officer, board, or department shall not
30exceed the sum of five thousand dollars and money collected
31shall not be held more than thirty days. This section does not
32apply to the state fair board, the state board of regents, the
33utilities board of the department of commerce, the director of
34the department of health and human services, the Iowa finance
35authority, or to the funds received by the state racing and
-10-1gaming commission under sections 99D.7 and 99D.14.
2   Sec. 18.  Section 12E.3A, subsection 1, Code 2023, is amended
3to read as follows:
   41.  The general assembly reaffirms and reenacts the purposes
5stated for the use of moneys deposited in the healthy Iowans
6tobacco trust, as the purposes were enacted in 2000 Iowa Acts,
7ch.1232, §12, and codified in section 12.65, Code 2007, as
8the purposes for the endowment for Iowa’s health account.
9The purposes include those purposes related to health care,
10substance abuse use disorder treatment and enforcement, tobacco
11use prevention and control, and other purposes related to the
12needs of children, adults, and families in the state.
13   Sec. 19.  Section 15.102, subsection 12, paragraph b,
14subparagraph (1), subparagraph division (d), Code 2023, is
15amended to read as follows:
   16(d)  Psychoactive substance abuse use disorders resulting
17from current illegal use of drugs.
18   Sec. 20.  Section 15H.1A, Code 2023, is amended to read as
19follows:
   2015H.1A  Definitions.
   21For purposes of this chapter, unless the context otherwise
22requires:
   231.  “Authority” means the economic development authority
24created in section 15.105.
   252.    1.  “Commission” means the Iowa commission on volunteer
26service created in section 15H.2.
   272.  “Department” means the department of health and human
28services.
   293.  “Director” means the director of the authority health and
30human services
.
31   Sec. 21.  Section 15H.2, subsection 1, Code 2023, is amended
32to read as follows:
   331.  The Iowa commission on volunteer service is created
34within the authority department. The governor shall appoint
35the commission’s members. The director may employ personnel
-11-1as necessary to carry out the duties and responsibilities of
2the commission.
3   Sec. 22.  Section 15H.2, subsection 3, paragraph i, Code
42023, is amended to read as follows:
   5i.  Administer the retired and senior volunteer program.
6   Sec. 23.  Section 15H.4, subsection 1, Code 2023, is amended
7to read as follows:
   81.  The authority department shall serve as the lead agency
9for administration of the commission. The authority department
10 may consult with the department of education, the state board
11of regents, and the department of workforce development for any
12additional administrative support as necessary to fulfill the
13duties of the commission. All other state agencies, at the
14request of the authority department, shall provide assistance
15to the commission to ensure a fully coordinated state effort
16for promoting national and community service.
17   Sec. 24.  Section 15H.5, subsection 5, paragraph a, Code
182023, is amended to read as follows:
   19a.  Funding for the Iowa summer youth corps program, the
20Iowa green corps program established pursuant to section
2115H.6, the Iowa reading corps program established pursuant to
22section 15H.7, the RefugeeRISE AmeriCorps program established
23pursuant to section 15H.8, and the Iowa national service
24corps program established pursuant to section 15H.9 shall be
25obtained from private sector, and local, state, and federal
26government sources, or from other available funds credited
27to the community programs account, which shall be created
28within the economic development authority department under the
29authority of the commission. Moneys available in the account
30for a fiscal year are appropriated to the commission to be
31used for the programs. The commission may establish an escrow
32account within the authority department and obligate moneys
33within that escrow account for tuition or program payments to
34be made beyond the term of any fiscal year. Notwithstanding
35section 12C.7, subsection 2, interest earned on moneys in the
-12-1community programs account shall be credited to the account.
2Notwithstanding section 8.33, moneys in the community programs
3account or escrow account shall not revert to the general fund
4but shall remain available for expenditure in future fiscal
5years.
6   Sec. 25.  Section 15H.8, Code 2023, is amended to read as
7follows:
   815H.8  RefugeeRISE AmeriCorps program.
   91.  a.  The commission, in collaboration with the department
10of human services, shall establish a Refugee Rebuild,
11Integrate, Serve, Empower (RefugeeRISE) AmeriCorps program
12to increase community integration and engagement for diverse
13refugee communities in rural and urban areas across the state.
   14b.  The commission, in collaboration with the department
15of human services, may adopt rules pursuant to chapter 17A to
16implement and administer this section.
   172.  The commission may use moneys in and lawfully available
18to the community programs account created in section 15H.5 to
19fund the program.
   203.  The commission shall submit an annual report to the
21general assembly and the department of human services relating
22to the efficacy of the program.
23   Sec. 26.  Section 15H.10, subsection 6, Code 2023, is amended
24to read as follows:
   256.  Notwithstanding section 8.33, moneys appropriated to
26the economic development authority department for allocation
27to the commission for purposes of this section that remain
28unencumbered or unobligated at the close of a fiscal year
29shall not revert but shall remain available to be used for the
30purposes designated in this section until the close of the
31succeeding fiscal year.
32   Sec. 27.  Section 16.2D, subsection 1, Code 2023, is amended
33to read as follows:
   341.  A council on homelessness is created consisting of twenty
35members, eleven of whom are voting members and nine of whom are
-13-1nonvoting members
. At all times, at least one voting member
2shall be a member of a minority group.
3   Sec. 28.  Section 16.2D, subsection 2, paragraph b, Code
42023, is amended to read as follows:
   5b.  Nine nonvoting Nonvoting agency director members
6consisting of all of the following:
   7(1)  The director of the department of education or the
8director’s designee.
   9(2)  The director of health and human services or the
10director’s designee.
   11(3)  The attorney general or the attorney general’s
12designee.
   13(4)  The director of public health or the director’s
14designee.
   15(5)  The director of the department on aging or the
16director’s designee.
   17(6)    (4)  The director of the department of corrections or
18the director’s designee.
   19(7)    (5)  The director of the department of workforce
20development or the director’s designee.
   21(8)    (6)  The executive director of the Iowa finance
22authority or the executive director’s designee.
   23(9)    (7)  The director of the department of veterans affairs
24or the director’s designee.
25   Sec. 29.  Section 16.3, subsection 9, Code 2023, is amended
26to read as follows:
   279.  The interest costs paid by group homes of fifteen beds or
28less licensed as health care facilities or child foster care
29facilities for facility acquisition and indirectly reimbursed
30by the department of health and human services through payments
31for patients at those facilities who are recipients of medical
32assistance or state supplementary assistance are severe drains
33on the state’s budget. A reduction in these costs obtained
34through financing with tax-exempt revenue bonds would clearly
35be in the public interest.
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1   Sec. 30.  Section 16.47, subsection 3, Code 2023, is amended
2to read as follows:
   33.  The authority, in cooperation with the department on
4aging
 of health and human services, shall annually allocate
5moneys available in the home and community-based services
6revolving loan program fund to develop and expand facilities
7and infrastructure that provide adult day services, respite
8services, congregate meals, and programming space for health
9and wellness, health screening, and nutritional assessments
10that address the needs of persons with low incomes.
11   Sec. 31.  Section 16.48, subsections 1 and 3, Code 2023, are
12amended to read as follows:
   131.  A transitional housing revolving loan program fund is
14created within the authority to further the availability of
15affordable housing for parents that are reuniting with their
16children while completing or participating in substance abuse
17
 use disorder treatment. The moneys in the fund are annually
18appropriated to the authority to be used for the development
19and operation of a revolving loan program to provide financing
20to construct affordable transitional housing, including through
21new construction or acquisition and rehabilitation of existing
22housing. The housing provided shall be geographically located
23in close proximity to licensed substance abuse use disorder
24 treatment programs. Preference in funding shall be given to
25projects that reunite mothers with the mothers’ children.
   263.  The authority shall annually allocate moneys available
27in the transitional housing revolving loan program fund for the
28development of affordable transitional housing for parents that
29are reuniting with the parents’ children while completing or
30participating in substance abuse use disorder treatment. The
31authority shall develop a joint application process for the
32allocation of federal low-income housing tax credits and the
33funds available under this section. Moneys allocated to such
34projects may be in the form of loans, grants, or a combination
35of loans and grants.
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1   Sec. 32.  Section 16.49, subsection 4, Code 2023, is amended
2to read as follows:
   34.  a.  A project shall demonstrate written approval of the
4project by the department of health and human services to the
5authority prior to application for funding under this section.
   6b.  In order to be approved by the department of health and
7 human services for application for funding for development of
8permanent supportive housing under this section, a project
9shall include all of the following components:
   10(1)  Provision of services to any of the following Medicaid
11waiver-eligible individuals:
   12(a)  Individuals who are currently underserved in community
13placements, including individuals who are physically aggressive
14or have behaviors that are difficult to manage or individuals
15who meet the psychiatric medical institution for children level
16of care.
   17(b)  Individuals who are currently residing in out-of-state
18facilities.
   19(c)  Individuals who are currently receiving care in a
20licensed health care facility.
   21(2)  A plan to provide each individual with crisis
22stabilization services to ensure that the individual’s
23behavioral issues are appropriately addressed by the provider.
   24(3)  Policies and procedures that prohibit discharge of the
25individual from the waiver services provided by the project
26provider unless an alternative placement that is acceptable to
27the client or the client’s guardian is identified.
   28c.  In order to be approved by the department of health and
29 human services for application for funding for development of
30infrastructure in which to provide supportive services under
31this section, a project shall include all of the following
32components:
   33(1)  Provision of services to Medicaid waiver-eligible
34individuals who meet the psychiatric medical institution for
35children level of care.
-16-
   1(2)  Policies and procedures that prohibit discharge of the
2individual from the waiver services provided by the project
3provider unless an alternative placement that is acceptable to
4the client or the client’s guardian is identified.
   5d.  Housing provided through a project under this section is
6exempt from the requirements of chapter 135O.
7   Sec. 33.  Section 22.7, subsections 2, 16, 35, 61, and 62,
8Code 2023, are amended to read as follows:
   92.  Hospital records, medical records, and professional
10counselor records of the condition, diagnosis, care, or
11treatment of a patient or former patient or a counselee or
12former counselee, including outpatient. However, confidential
13communications between a crime victim and the victim’s
14counselor are not subject to disclosure except as provided in
15section 915.20A. However, the Iowa department of public health
 16and human services shall adopt rules which provide for the
17sharing of information among agencies and providers concerning
18the maternal and child health program including but not limited
19to the statewide child immunization information system, while
20maintaining an individual’s confidentiality.
   2116.  Information in a report to the Iowa department of public
22 health and human services, to a local board of health, or to
23a local health department, which identifies a person infected
24with a reportable disease.
   2535.  Records of the Iowa department of public health and
26human services
pertaining to participants in the gambling
27treatment program except as otherwise provided in this chapter.
   2861.  Records of the department on aging of health and human
29services
pertaining to clients served by the state office or a
30local office of public guardian as defined in section 231E.3.
   3162.  Records maintained by the department on aging of health
32and human services
or office of long-term care ombudsman that
33disclose the identity of a complainant, resident, tenant, or
34individual receiving services provided by the department on
35aging
 of health and human services, an area agency on aging,
-17-1or the office of long-term care ombudsman, unless disclosure
2is otherwise allowed under section 231.42, subsection 12,
3paragraph “a”.
4   Sec. 34.  Section 23A.2, subsection 10, paragraph l,
5unnumbered paragraph 1, Code 2023, is amended to read as
6follows:
   7The offering of goods and services to the public as part
8of a client training program operated by a state resource
9center under the control of the department of health and human
10services provided that all of the following conditions are met:
11   Sec. 35.  Section 23A.2, subsection 10, paragraph l,
12subparagraph (1), Code 2023, is amended to read as follows:
   13(1)  Any off-campus vocational or employment training
14program developed or operated by the department of health and
15 human services for clients of a state resource center is a
16supported vocational training program or a supported employment
17program offered by a community-based provider of services or
18other employer in the community.
19   Sec. 36.  Section 28M.1, subsection 7, Code 2023, is amended
20to read as follows:
   217.  “Transportation” means the movement of individuals in
22a four or more wheeled motorized vehicle designed to carry
23passengers, including a car, van, or bus, or the carrying
24of individuals upon cars operated upon stationary rails,
25between one geographic point and another geographic point.
26“Transportation” does not include emergency or incidental
27transportation or transportation conducted by the department of
 28health and human services at its institutions.
29   Sec. 37.  Section 35A.5, subsection 5, paragraph a, Code
302023, is amended to read as follows:
   31a.  Coordinate with United States department of veterans
32affairs hospitals, health care facilities, and clinics in this
33state and the department of public health and human services
34 to provide assistance to veterans and their families to reduce
35the incidence of alcohol and chemical dependency and suicide
-18-1among veterans and to make mental health counseling available
2to veterans.
3   Sec. 38.  Section 35D.14A, Code 2023, is amended to read as
4follows:
   535D.14A  Volunteer record checks.
   61.  Persons who are potential volunteers or volunteers in
7the Iowa veterans home in a position having direct individual
8contact with patients or residents of the home shall be subject
9to criminal history and child and dependent adult abuse record
10checks in accordance with this section. The Iowa veterans home
11shall request that the department of public safety perform the
12criminal history check and the record check evaluation system
13of the
department of health and human services perform child
14and dependent adult abuse record checks of the person in this
15state and may request these checks in other states.
   162.  a.  If it is determined that a person has been convicted
17of a crime under a law of any state or has a record of
18founded child or dependent adult abuse, the person shall not
19participate as a volunteer with direct individual contact
20with patients or residents of the Iowa veterans home unless
21an evaluation has been performed by the department of human
22services
 record check evaluation system to determine whether
23the crime or founded child or dependent adult abuse warrants
24prohibition of the person’s participation as a volunteer in the
25Iowa veterans home. The department of human services record
26check evaluation system
shall perform such evaluation upon the
27request of the Iowa veterans home.
   28b.  In an evaluation, the department of human services
29
 record check evaluation system shall consider the nature and
30seriousness of the crime or founded child or dependent adult
31abuse in relation to the position sought or held, the time
32elapsed since the commission of the crime or founded child or
33dependent adult abuse, the circumstances under which the crime
34or founded child or dependent adult abuse was committed, the
35degree of rehabilitation, the likelihood that the person will
-19-1commit the crime or founded child or dependent adult abuse
2again, and the number of crimes or founded child or dependent
3adult abuses committed by the person involved.
   4c.  If the department of human services record check
5evaluation system
performs an evaluation for the purposes of
6this section, the department of human services record check
7evaluation system
has final authority in determining whether
8prohibition of the person’s participation as a volunteer is
9warranted. The department of human services record check
10evaluation system
may permit a person who is evaluated to
11participate as a volunteer if the person complies with the
12department’s record check evaluation system’s conditions
13relating to participation as a volunteer which may include
14completion of additional training.
15   Sec. 39.  Section 47.7, subsection 2, paragraph a, Code 2023,
16is amended to read as follows:
   17a.  On or before January 1, 2006, the state registrar of
18voters shall implement in a uniform and nondiscriminatory
19manner, a single, uniform, official, centralized, interactive
20computerized statewide voter registration file defined,
21maintained, and administered at the state level that contains
22the name and registration information of every legally
23registered voter in the state and assigns a unique identifier
24to each legally registered voter in the state. The state voter
25registration system shall be coordinated with other agency
26databases within the state, including, but not limited to,
27state department of transportation driver’s license records,
28judicial records of convicted felons and persons declared
29incompetent to vote, and Iowa department of public health and
30human services
records of deceased persons.
31   Sec. 40.  Section 48A.19, subsection 1, Code 2023, is amended
32to read as follows:
   331.  The following state agencies are responsible for voter
34registration:
   35a.  All state offices that have direct client contact and
-20-1provide applications for public assistance, including but not
2limited to offices administering the following programs:
   3(1)  Food stamps The supplemental nutrition assistance
4program
.
   5(2)  Medical The medical assistance program under chapter
6249A.
   7(3)  Iowa The Iowa family investment program.
   8(4)  Special The special supplemental nutrition program for
9women, infants, and children.
   10b.  (1)  All offices that provide state-funded programs
11primarily engaged in providing services to persons with
12disabilities, including but not limited to all of the
13following:
   14(a)  Department for the blind.
   15(b)  Division of vocational rehabilitation services of the
16department of education workforce development.
   17(c)  Office of deaf services of the department of health and
18 human rights services or its successor agency.
   19(d)  Office of persons with disabilities of the department of
 20health and human rights services or its successor agency.
   21(2)  An agency designated a voter registration agency
22under this paragraph which provides services to persons with
23disabilities in their homes shall provide voter registration
24services at the clients’ homes.
   25c.  Other federal and state agencies designated to provide
26voter registration services include, but are not limited to,
27the United States armed forces recruiting offices.
28   Sec. 41.  Section 48A.31, Code 2023, is amended to read as
29follows:
   3048A.31  Deceased persons record.
   31The state registrar of vital statistics shall transmit
32or cause to be transmitted to the state registrar of voters,
33once each calendar quarter, a certified list of all persons
34seventeen years of age and older in the state whose deaths have
35been reported to the bureau state registrar of vital records
-21-1of the Iowa department of public health
 statistics since the
2previous list of decedents was certified to the state registrar
3of voters. The list shall be submitted according to the
4specifications of the state registrar of voters and shall be
5transmitted to the state registrar of voters without charge
6for production or transmission. The commissioner shall, in
7the month following the end of a calendar quarter, run the
8statewide voter registration system’s matching program to
9determine whether a listed decedent was registered to vote in
10the county and shall immediately cancel the registration of any
11person named on the list of decedents.
12   Sec. 42.  Section 68B.2, subsection 23, Code 2023, is amended
13to read as follows:
   1423.  “Regulatory agency” means the department of agriculture
15and land stewardship, department of workforce development,
16department of commerce, Iowa department of public health,
17 department of public safety, department of education, state
18board of regents, department of health and human services,
19department of revenue, department of inspections and appeals,
20department of administrative services, public employment
21relations board, state department of transportation, civil
22rights commission, department of public defense, department of
23homeland security and emergency management, Iowa ethics and
24campaign disclosure board, and department of natural resources.
25   Sec. 43.  Section 80.9B, subsections 3 and 7, Code 2023, are
26amended to read as follows:
   273.  The provisions of chapter 141A also do not apply to
28the transmission of the same information from either or
29both information systems to employees of state correctional
30institutions subject to the jurisdiction of the department
31of corrections, employees of secure facilities for juveniles
32subject to the jurisdiction of the department of health and
33 human services, and employees of city and county jails, if
34those employees have direct physical supervision over inmates
35of those facilities or institutions.
-22-
   17.  The commissioner shall develop and establish, in
2cooperation with the department of corrections and the
3department of public health and human services, training
4programs and program criteria for persons receiving human
5immunodeficiency virus-related information through the Iowa
6criminal justice information system or the national crime
7information center system.
8   Sec. 44.  Section 80.28, subsection 2, paragraph a,
9subparagraph (6), Code 2023, is amended to read as follows:
   10(6)  One member representing the Iowa department of public
11 health and human services.
12   Sec. 45.  Section 80B.11C, Code 2023, is amended to read as
13follows:
   1480B.11C  Public safety telecommunicator training standards.
   15The director of the academy, subject to the approval of
16the council, in consultation with the Iowa state sheriffs’
17and deputies’ association, the Iowa police executive forum,
18the Iowa peace officers association, the Iowa state police
19association, the Iowa professional fire fighters, the Iowa
20emergency medical services association, the joint council of
21Iowa fire service organizations, the Iowa department of public
22safety, the Iowa chapter of the association of public-safety
23communications officials—international, inc., the Iowa chapter
24of the national emergency number association, the department
25of homeland security and emergency management, and the Iowa
26 department of public health and human services, shall adopt
27rules pursuant to chapter 17A establishing minimum standards
28for training of public safety telecommunicators. “Public
29safety telecommunicator”
means a person who serves as a first
30responder by receiving requests for, or by dispatching requests
31to, emergency response agencies which include but are not
32limited to law enforcement, fire, rescue, and emergency medical
33services agencies.
34   Sec. 46.  Section 80E.2, Code 2023, is amended to read as
35follows:
-23-   180E.2  Drug policy advisory council — membership — duties.
   21.  An Iowa drug policy advisory council is established which
3shall consist of the following seventeen members:
   4a.  The drug policy coordinator director, who shall serve as
5chairperson of the council.
   6b.  The director of the department of corrections, or the
7director’s designee.
   8c.  The director of the department of education, or the
9director’s designee.
   10d.  The director of the department of public health and human
11services
, or the director’s designee.
   12e.  The commissioner of public safety, or the commissioner’s
13designee.
   14f.  The director of the department of human services, or the
15director’s designee.
   16g.  The director of the division of criminal and juvenile
17justice planning in the department of human rights, or the
18division director’s designee.
   19h.    f.  The state public defender, or the state public
20defender’s designee.
   21i.    g.  A prosecuting attorney.
   22j.    h.  A certified alcohol and drug counselor.
   23k.    i.  A certified substance abuse use disorder prevention
24specialist.
   25l.    j.  A substance use disorder treatment program director.
   26m.    k.  A justice of the Iowa supreme court, or judge, as
27designated by the chief justice of the supreme court.
   28n.    l.  A member representing the Iowa peace officers
29association.
   30o.    m.  A member representing the Iowa state police
31association.
   32p.    n.  A member representing the Iowa state sheriffs’ and
33deputies’ association.
   34q.    o.  A police chief.
   352.  The prosecuting attorney, certified alcohol and drug
-24-1counselor, certified substance abuse use disorder prevention
2specialist, substance use disorder treatment program director,
3member representing the Iowa peace officers association,
4member representing the Iowa state police association, the
5member representing the Iowa state sheriffs’ and deputies’
6association, and the member who is a police chief shall be
7appointed by the governor, subject to senate confirmation, for
8four-year terms beginning and ending as provided in section
969.19. A vacancy on the council shall be filled for the
10unexpired term in the same manner as the original appointment
11was made.
   123.  The council shall make policy recommendations to
13the appropriate departments concerning the administration,
14development, and coordination of programs related to substance
15abuse use disorder education, prevention, treatment, and
16enforcement.
   174.  The members of the council shall be reimbursed for actual
18and necessary travel and related expenses incurred in the
19discharge of official duties. Each member of the council may
20also be eligible to receive compensation as provided in section
217E.6.
   225.  The council shall meet at least semiannually throughout
23the year.
   246.  A majority of the members of the council constitutes a
25quorum, and a majority of the total membership of the council
26is necessary to act in any matter within the jurisdiction of
27the council.
28   Sec. 47.  Section 84A.1A, subsection 1, paragraph b, Code
292023, is amended to read as follows:
   30b.  The nonvoting members of the Iowa workforce development
31board shall include the following:
   32(1)  One state senator appointed by the minority leader of
33the senate, who shall serve for a term as provided in section
3469.16B.
   35(2)  One state representative appointed by the minority
-25-1leader of the house of representatives, who shall serve for a
2term as provided in section 69.16B.
   3(3)  One president, or the president’s designee, of the
4university of northern Iowa, the university of Iowa, or Iowa
5state university of science and technology, designated by the
6state board of regents on a rotating basis.
   7(4)  One president, or the president’s designee, of an
8independent Iowa college, appointed by the Iowa association of
9independent colleges and universities.
   10(5)  One president or president’s designee, of a community
11college, appointed by the Iowa association of community college
12presidents.
   13(6)  One representative of the economic development
14authority, appointed by the director.
   15(7)  One representative of the department on aging,
16appointed by the director.
   17(8)    (7)  One representative of the department of
18corrections, appointed by the director.
   19(9)    (8)  One representative of the department of health and
20 human services, appointed by the director.
   21(10)    (9)  One representative of the United States department
22of labor, office of apprenticeship.
   23(11)    (10)  One representative from the largest statewide
24public employees’ organization representing state employees.
   25(12)    (11)  One representative of a statewide labor
26organization representing employees in the construction
27industry.
   28(13)    (12)  One representative of a statewide labor
29organization representing employees in the manufacturing
30industry.
31   Sec. 48.  Section 84A.6, subsections 2 and 3, Code 2023, are
32amended to read as follows:
   332.  a.  The director of the department of workforce
34development, in cooperation with the department of health
35and
human services, shall provide job placement and training
-26-1to persons referred by the department of health and human
2services under the promoting independence and self-sufficiency
3through employment job opportunities and basic skills program
4established pursuant to chapter 239B and the food stamp
5
 supplemental nutrition assistance program employment and
6training program.
   7b.  The department of workforce development, in consultation
8with the department of health and human services, shall develop
9and implement departmental recruitment and employment practices
10that address the needs of former and current participants in
11the family investment program under chapter 239B.
   123.  The director of the department of workforce development,
13in cooperation with the department of health and human rights
14
 services and the vocational rehabilitation services division
15of the department of education workforce development, shall
16establish a program to provide job placement and training to
17persons with disabilities.
18   Sec. 49.  Section 84A.9, Code 2023, is amended to read as
19follows:
   2084A.9  Statewide mentoring program.
   21A statewide mentoring program is established to recruit,
22screen, train, and match individuals in a mentoring
23relationship. The department of workforce development shall
24administer the program in collaboration with the departments
25of health and human services, and education, and human rights.
26The availability of the program is subject to the funding
27appropriated for the purposes of the program.
28   Sec. 50.  Section 84A.11, subsection 2, Code 2023, is amended
29to read as follows:
   302.  The department of workforce development shall consult
31with the board of nursing, the department of public health
 32and human services, the department of education, and other
33appropriate entities in developing recommendations to determine
34options for additional data collection.
35   Sec. 51.  Section 84B.1, Code 2023, is amended to read as
-27-1follows:
   284B.1  Workforce development system.
   3The departments of workforce development, education,
 4health and human services, and corrections, the economic
5development authority, the department on aging, the division
6of Iowa vocational rehabilitation services of the department
7of education workforce development, and the department for
8the blind shall collaborate where possible under applicable
9state and federal law to align workforce development programs,
10services, and activities in an integrated workforce development
11system in the state and in each local workforce development
12area that is data driven and responsive to the needs of
13workers, job seekers, and employers. The departments,
14authority, and division shall also jointly establish an
15integrated management information system for linking workforce
16development programs within local workforce development systems
17and in the state.
18   Sec. 52.  Section 84B.2, unnumbered paragraph 1, Code 2023,
19is amended to read as follows:
   20The department of workforce development, in consultation
21with the departments of education, health and human services,
22and corrections, the economic development authority,
23the department on aging, the division of Iowa vocational
24rehabilitation services of the department of education
25
 workforce development, and the department for the blind
26shall establish guidelines for colocating state and federal
27employment and training programs in centers providing services
28at the local level. The centers shall be known as workforce
29development centers. The guidelines shall provide for local
30design and operation within the guidelines. The core services
31available at a center shall include but are not limited to all
32of the following:
33   Sec. 53.  Section 85.38, subsection 4, Code 2023, is amended
34to read as follows:
   354.  Lien for hospital and medical services under chapter
-28-1249A.
  In the event any hospital or medical services as provided
2in section 85.27 are paid by the state department of health and
3 human services on behalf of an employee who is entitled to such
4benefits under the provisions of this chapter or chapter 85A or
585B, a lien shall exist as respects the right of such employee
6to benefits as described in section 85.27.
7   Sec. 54.  Section 85.60, Code 2023, is amended to read as
8follows:
   985.60  Injuries while in work-based learning opportunity,
10employment training, or evaluation.
   11A person participating in a work-based learning opportunity
12referred to in section 85.61, or receiving earnings while
13engaged in employment training or while undergoing an
14employment evaluation under the direction of a rehabilitation
15facility approved for purchase-of-service contracts or for
16referrals by the department of health and human services or the
17department of education, who sustains an injury arising out
18of and in the course of the work-based learning opportunity
19participation, employment training, or employment evaluation
20is entitled to benefits as provided in this chapter, chapter
2185A, chapter 85B, and chapter 86. Notwithstanding the minimum
22benefit provisions of this chapter, a person referred to in
23this section and entitled to benefits under this chapter is
24entitled to receive a minimum weekly benefit amount for a
25permanent partial disability under section 85.34, subsection
262, or for a permanent total disability under section 85.34,
27subsection 3, equal to the weekly benefit amount of a person
28whose gross weekly earnings are thirty-five percent of the
29statewide average weekly wage computed pursuant to section 96.3
30and in effect at the time of the injury.
31   Sec. 55.  Section 85.61, subsection 3, paragraph b, Code
322023, is amended to read as follows:
   33b.  A rehabilitation facility approved for
34purchase-of-service contracts or for referrals by the
35department of health and human services or the department of
-29-1education.
2   Sec. 56.  Section 85A.11, subsection 2, Code 2023, is amended
3to read as follows:
   42.  The specimens for the tests required by this section
5must be taken by a licensed practicing physician or osteopathic
6physician, and immediately delivered to the state hygienic
7laboratory of the Iowa department of public health at Iowa
8City
. Each specimen shall be in a container upon which is
9plainly printed the name and address of the subject, the date
10when the specimen was taken, the name and address of the
11subject’s employer, and a certificate by the physician or
12osteopathic physician that the physician took the specimen
13from the named subject on the date stated over the physician’s
14signature and address.
15   Sec. 57.  Section 85A.20, Code 2023, is amended to read as
16follows:
   1785A.20  Investigation.
   18The workers’ compensation commissioner may designate
19the industrial hygiene physician medical director of the
20Iowa department of public health and human services and two
21physicians selected by the dean of the university of Iowa
22college of medicine, from the staff of the college, who shall
23be qualified to diagnose and report on occupational diseases.
24For the purpose of investigating occupational diseases, the
25physicians shall have the use, without charge, of all necessary
26laboratory and other facilities of the university of Iowa
27college of medicine and of the university hospital at the state
28university of Iowa, and of the Iowa department of public health
 29and human services in performing the physicians’ duties.
30   Sec. 58.  Section 89.4, subsection 1, paragraph h, Code 2023,
31is amended to read as follows:
   32h.  Hot water heating boilers used for heating pools or spas
33regulated by the department of public health and human services
34 pursuant to chapter 135I.
35   Sec. 59.  Section 89B.17, subsection 1, unnumbered paragraph
-30-11, Code 2023, is amended to read as follows:
   2The director of public health and human services, the labor
3commissioner, and the director of the department of natural
4resources or the director’s designee under written signatures
5of all these parties may recommend any of the following
6actions:
7   Sec. 60.  Section 92.17, subsection 3, Code 2023, is amended
8to read as follows:
   93.  A child from working in any occupation or business
10operated by the child’s parents. For the purposes of this
11subsection, “child” and “parents” include a foster child and the
12child’s foster parents who are licensed by the department of
 13health and human services.
14   Sec. 61.  Section 96.3, subsections 9 and 11, Code 2023, are
15amended to read as follows:
   169.  Child support intercept.
   17a.  An individual filing a claim for benefits under section
1896.6, subsection 1, shall, at the time of filing, disclose
19whether the individual owes a child support obligation which
20is being enforced by the child support recovery unit services
21 established in section 252B.2. If an individual discloses that
22such a child support obligation is owed and the individual is
23determined to be eligible for benefits under this chapter,
24the department shall notify the child support recovery unit
25
 services of the individual’s disclosure and deduct and withhold
26from benefits payable to the individual the amount specified
27by the individual.
   28b.  However, if the child support recovery unit services
29 and an individual owing a child support obligation reach an
30agreement to have specified amounts deducted and withheld from
31the individual’s benefits and the child support recovery unit
32
 services submits a copy of the agreement to the department, the
33department shall deduct and withhold the specified amounts.
   34c.  (1)  However, if the department is notified of income
35withholding by the child support recovery unit services under
-31-1chapter 252D or section 598.22 or 598.23 or if income is
2garnisheed by the child support recovery unit services under
3chapter 642 and an individual’s benefits are condemned to the
4satisfaction of the child support obligation being enforced by
5the child support recovery unit services, the department shall
6deduct and withhold from the individual’s benefits that amount
7required through legal process.
   8(2)  Notwithstanding section 642.2, subsections 2, 3,
96, and 7, which restrict garnishments under chapter 642 to
10wages of public employees, the department may be garnisheed
11under chapter 642 by the child support recovery unit services
12 established in section 252B.2, pursuant to a judgment for child
13support against an individual eligible for benefits under this
14chapter.
   15(3)  Notwithstanding section 96.15, benefits under this
16chapter are not exempt from income withholding, garnishment,
17attachment, or execution if withheld for or garnisheed by the
18 child support recovery unit services, established in section
19252B.2, or if an income withholding order or notice of the
20income withholding order under section 598.22 or 598.23 is
21being enforced by the child support recovery unit services to
22satisfy the child support obligation of an individual who is
23eligible for benefits under this chapter.
   24d.  An amount deducted and withheld under paragraph “a”, “b”,
25or “c” shall be paid by the department to the child support
26recovery unit services, and shall be treated as if it were paid
27to the individual as benefits under this chapter and as if it
28were paid by the individual to the child support recovery unit
29
 services in satisfaction of the individual’s child support
30obligations.
   31e.  If an agreement for reimbursement has been made, the
32department shall be reimbursed by the child support recovery
33unit
 services for the administrative costs incurred by the
34department under this section which are attributable to the
35enforcement of child support obligations by the child support
-32-1recovery unit services.
   211.  Overissuance of food stamp supplemental nutrition
3assistance program
benefits.
  The department shall collect any
4overissuance of food stamp supplemental nutrition assistance
5program
benefits by offsetting the amount of the overissuance
6from the benefits payable under this chapter to the individual.
7This subsection shall only apply if the department is
8reimbursed under an agreement with the department of health and
9 human services for administrative costs incurred in recouping
10the overissuance. The provisions of section 96.15 do not apply
11to this subsection.
12   Sec. 62.  Section 97B.49B, subsection 1, paragraph e,
13subparagraph (16), Code 2023, is amended to read as follows:
   14(16)  A person employed by the department of health and
15 human services as a psychiatric security specialist at a civil
16commitment unit for sexually violent offenders facility.
17   Sec. 63.  Section 99D.7, subsections 22 and 23, Code 2023,
18are amended to read as follows:
   1922.  To cooperate with the gambling treatment program
20administered by the Iowa department of public health and human
21services
to incorporate information regarding the gambling
22treatment program and its toll-free telephone number in printed
23materials distributed by the commission. The commission may
24require licensees to have the information available in a
25conspicuous place as a condition of licensure.
   2623.  To establish a process to allow a person to be
27voluntarily excluded from advance deposit wagering as defined
28in section 99D.11, from an internet fantasy sports contest as
29defined in section 99E.1, from advance deposit sports wagering
30as defined in section 99F.9, and from the wagering area of
31a racetrack enclosure, from the gaming floor, and from the
32sports wagering area, as defined in section 99F.1, of all
33other licensed facilities under this chapter and chapter 99F
34as provided in this subsection. The process shall provide
35that an initial request by a person to be voluntarily excluded
-33-1shall be for a period of five years or life and any subsequent
2request following any five-year period shall be for a period of
3five years or life. The process established shall require that
4licensees be provided electronic access to names and social
5security numbers of persons voluntarily excluded through a
6secured interactive internet site maintained by the commission
7and information regarding persons voluntarily excluded shall
8be disseminated to all licensees under this chapter, chapter
999E, and chapter 99F. The names, social security numbers, and
10information regarding persons voluntarily excluded shall be
11kept confidential unless otherwise ordered by a court or by
12another person duly authorized to release such information.
13The process established shall also require a person requesting
14to be voluntarily excluded be provided information compiled
15by the Iowa department of public health and human services
16 on gambling treatment options. The state and any licensee
17under this chapter, chapter 99E, or chapter 99F shall not be
18liable to any person for any claim which may arise from this
19process. In addition to any other penalty provided by law, any
20money or thing of value that has been obtained by, or is owed
21to, a voluntarily excluded person as a result of wagers made
22by the person after the person has been voluntarily excluded
23shall be forfeited by the person and shall be credited to the
24general fund of the state. The commission shall not initiate
25any administrative action or impose penalties on a licensee who
26voluntarily reports to the commission activity described in
27section 99D.24, subsection 4, paragraph “c”.
28   Sec. 64.  Section 99D.9, subsection 6, paragraph b, Code
292023, is amended to read as follows:
   30b.  A licensee shall not permit a financial institution,
31vendor, or other person to dispense cash or credit through an
32electronic or mechanical device including but not limited to a
33satellite terminal as defined in section 527.2, that is located
34in the wagering area. However, this paragraph shall not apply
35to cashless wagering systems where a person accesses a cash
-34-1account through a mobile application used by the licensee
2to conduct cashless wagering. The mobile application shall
3include the statewide telephone number authorized by the Iowa
4 department of public health and human services to provide
5problem gambling information and extensive responsible gaming
6features in addition to those described in section 99D.7,
7subsection 23.
8   Sec. 65.  Section 99E.5, subsection 2, paragraph d, Code
92023, is amended to read as follows:
   10d.  Include on the internet site or mobile application used
11by the licensee to conduct internet fantasy sports contests the
12statewide telephone number authorized by the Iowa department of
13public health and human services to provide problem gambling
14information and extensive responsible gaming features in
15addition to those described in section 99F.4, subsection 22.
16   Sec. 66.  Section 99F.4, subsection 22, Code 2023, is amended
17to read as follows:
   1822.  To establish a process to allow a person to be
19voluntarily excluded from advance deposit wagering as defined
20in section 99D.11, from an internet fantasy sports contest
21as defined in section 99E.1, from advance deposit sports
22wagering as defined in section 99F.9, from the gaming floor
23and sports wagering area of an excursion gambling boat, from
24the wagering area, as defined in section 99D.2, and from the
25gaming floor and sports wagering area of all other licensed
26facilities under this chapter and chapter 99D as provided in
27this subsection. The process shall provide that an initial
28request by a person to be voluntarily excluded shall be for
29a period of five years or life and any subsequent request
30following any five-year period shall be for a period of five
31years or life. The process established shall require that
32licensees be provided electronic access to names and social
33security numbers of persons voluntarily excluded through a
34secured interactive internet site maintained by the commission
35and information regarding persons voluntarily excluded shall
-35-1be disseminated to all licensees under this chapter, chapter
299D, and chapter 99E. The names, social security numbers, and
3information regarding persons voluntarily excluded shall be
4kept confidential unless otherwise ordered by a court or by
5another person duly authorized to release such information.
6The process established shall also require a person requesting
7to be voluntarily excluded be provided information compiled
8by the Iowa department of public health and human services
9 on gambling treatment options. The state and any licensee
10under this chapter, chapter 99D, or chapter 99E shall not be
11liable to any person for any claim which may arise from this
12process. In addition to any other penalty provided by law, any
13money or thing of value that has been obtained by, or is owed
14to, a voluntarily excluded person as a result of wagers made
15by the person after the person has been voluntarily excluded
16shall be forfeited by the person and shall be credited to the
17general fund of the state. The commission shall not initiate
18any administrative action or impose penalties on a licensee who
19voluntarily reports to the commission activity described in
20section 99F.15, subsection 4, paragraph “n”.
21   Sec. 67.  Section 99F.7, subsection 10, paragraph b, Code
222023, is amended to read as follows:
   23b.  A licensee shall not permit a financial institution,
24vendor, or other person to dispense cash or credit through an
25electronic or mechanical device including but not limited to
26a satellite terminal, as defined in section 527.2, that is
27located on the gaming floor. However, this paragraph shall not
28apply to cashless wagering systems where a person accesses a
29cash account through a mobile application used by the licensee
30to conduct cashless wagering. The mobile application shall
31include the statewide telephone number authorized by the Iowa
32 department of public health and human services to provide
33problem gambling information and extensive responsible gaming
34features in addition to those described in section 99F.4,
35subsection 22.
-36-
1   Sec. 68.  Section 99F.7A, subsection 2, paragraph a, Code
22023, is amended to read as follows:
   3a.  Include on the internet site or mobile application used
4by the licensee to conduct advance deposit sports wagering as
5authorized in section 99F.9 the statewide telephone number
6authorized by the Iowa department of public health and human
7services
to provide problem gambling information and extensive
8responsible gaming features in addition to those described in
9section 99F.4, subsection 22.
10   Sec. 69.  Section 100C.1, subsection 1, Code 2023, is amended
11to read as follows:
   121.  “Alarm system” means a system or portion of a combination
13system that consists of components and circuits arranged to
14monitor and annunciate the status of a fire alarm, security
15alarm, or nurse call or supervisory signal-initiating devices
16and to initiate the appropriate response to those signals,
17but does not mean any such security system or portion of a
18combination system installed in a prison, jail, or detention
19facility owned by the state, a political subdivision of the
20state, the department of health and human services, or the Iowa
21veterans home.
22   Sec. 70.  Section 101C.3, subsection 1, Code 2023, is amended
23to read as follows:
   241.  The Iowa propane education and research council is
25established. The council shall consist of ten voting members,
26nine of whom represent retail propane marketers and one of whom
27shall be the administrator of the division of a representative
28of the department of health and human services responsible
29for
community action agencies of the department of human
30rights
. Members of the council other than the administrator
31
 representing retail propane marketers shall be appointed by the
32fire marshal from a list of nominees submitted by qualified
33propane industry organizations by December 15 of each year. A
34vacancy in the unfinished term of a council member shall be
35filled for the remainder of the term in the same manner as the
-37-1original appointment was made. Other than the administrator,
2council
 Council members representing retail propane marketers
3 shall be full-time employees or owners of a propane industry
4business or representatives of an agricultural cooperative
5actively engaged in the propane industry. An employee of a
6qualified propane industry organization shall not serve as a
7member of the council. An officer of the board of directors of
8a qualified propane industry organization or propane industry
9trade association shall not serve concurrently as a member of
10the council. The fire marshal or a designee may serve as an ex
11officio, nonvoting member of the council.
12   Sec. 71.  Section 123.47, subsection 4, paragraph a,
13subparagraph (2), Code 2023, is amended to read as follows:
   14(2)  A second offense shall be a simple misdemeanor
15punishable by a fine of five hundred dollars. In addition to
16any other applicable penalty, the person in violation of this
17section shall choose between either completing a substance
18abuse use disorder evaluation or the suspension of the person’s
19motor vehicle operating privileges for a period not to exceed
20one year.
21   Sec. 72.  Section 124.409, subsection 1, Code 2023, is
22amended to read as follows:
   231.  Whenever the court finds that a person who is charged
24with a violation of section 124.401 and who consents thereto,
25or who has entered a plea of guilty to or been found guilty of
26a violation of that section, is addicted to, dependent upon,
27or a chronic abuser user of any controlled substance and that
28such person will be aided by proper medical treatment and
29rehabilitative services, the court may order that the person
30be committed as an in-patient or out-patient to a facility
31licensed by the Iowa department of public health and human
32services
for medical treatment and rehabilitative services.
33   Sec. 73.  Section 124.504, subsection 3, Code 2023, is
34amended to read as follows:
   353.  A practitioner engaged in medical practice or research
-38-1or the Iowa drug abuse substance use disorder authority or
2any program which is licensed by the authority shall not be
3required to furnish the name or identity of a patient or
4research subject to the board or the department, nor shall the
5practitioner or the authority or any program which is licensed
6by the authority be compelled in any state or local civil,
7criminal, administrative, legislative or other proceedings
8to furnish the name or identity of an individual that the
9practitioner or the authority or any of its licensed programs
10is obligated to keep confidential.
11   Sec. 74.  Section 124.551, subsection 2, paragraph a,
12unnumbered paragraph 1, Code 2023, is amended to read as
13follows:
   14The program shall collect from pharmacies dispensing
15information for controlled substances identified pursuant
16to section 124.554, subsection 1, paragraph “g”, and from
17first responders as defined in section 147A.1, subsection
187, with the exception of emergency medical care providers
19as defined in section 147A.1, subsection 4, administration
20information for opioid antagonists. The department of public
21 health and human services shall provide information for the
22administration of opioid antagonists to the board as prescribed
23by rule for emergency medical care providers as defined in
24section 147A.1, subsection 4. The board shall adopt rules
25requiring the following information to be provided regarding
26the administration of opioid antagonists:
27   Sec. 75.  Section 124.556, Code 2023, is amended to read as
28follows:
   29124.556  Education and treatment.
   30The program shall include education initiatives and outreach
31to consumers, prescribing practitioners, and pharmacists, and
32shall also include assistance for identifying substance abuse
33
 use disorder treatment programs and providers. The program
34shall also include educational updates and information on
35general patient risk factors for prescribing practitioners.
-39-1The board and advisory council shall adopt rules, as provided
2under section 124.554, to implement this section.
3   Sec. 76.  Section 124E.2, subsections 3 and 8, Code 2023, are
4amended to read as follows:
   53.  “Department” means the department of public health and
6human services
.
   78.  “Laboratory” means the state hygienic laboratory
8at the university of Iowa in Iowa City or any other
9independent medical cannabidiol testing facility accredited
10to standard ISO/IEC 17025 by an international organization
11for standards-approved accrediting body, with a controlled
12substance registration certificate from the United States drug
13enforcement administration and a certificate of registration
14from the board of pharmacy. For the purposes of this chapter,
15an independent laboratory is a laboratory operated by an
16entity that has no equity ownership in a medical cannabidiol
17manufacturer.
18   Sec. 77.  Section 124E.6, subsection 4, Code 2023, is amended
19to read as follows:
   204.  A medical cannabidiol manufacturer shall contract with
21a laboratory to perform spot-check testing of the medical
22cannabidiol produced by the medical cannabidiol manufacturer
23as provided in section 124E.7. The department shall require
24that the laboratory report testing results to the medical
25cannabidiol manufacturer and the department as determined by
26the department by rule. If a medical cannabidiol manufacturer
27contracts with a laboratory other than the state hygienic
28laboratory at the university of Iowa in Iowa City, the
29department shall approve the laboratory to perform testing
30pursuant to this chapter.
31   Sec. 78.  Section 124E.14, Code 2023, is amended to read as
32follows:
   33124E.14  Out-of-state medical cannabidiol dispensaries.
   34The department of public health shall utilize a request for
35proposals process to select and license by December 1, 2017,
-40-1up to two out-of-state medical cannabidiol dispensaries from a
2bordering state to sell and dispense medical cannabidiol to a
3patient or primary caregiver in possession of a valid medical
4cannabidiol registration card issued under this chapter.
5   Sec. 79.  Section 125.1, Code 2023, is amended to read as
6follows:
   7125.1  Declaration of policy.
   8It is the policy of this state:
   91.  That persons with substance-related disorders a
10substance use disorder
be afforded the opportunity to
11receive quality treatment and directed into rehabilitation
12services which will help them resume a socially acceptable and
13productive role in society.
   142.  To encourage substance abuse use disorder education
15and prevention efforts and to insure that such efforts are
16coordinated to provide a high quality of services without
17unnecessary duplication.
   183.  To insure that substance abuse use disorder programs
19are being operated by individuals who are qualified in their
20field whether through formal education or through employment
21or personal experience.
22   Sec. 80.  Section 125.2, Code 2023, is amended to read as
23follows:
   24125.2  Definitions.
   25For purposes of this chapter, unless the context clearly
26indicates otherwise:
   271.  “Board” means the state board of health created pursuant
28to chapter 136.
   292.    1.  “Chemical substance” means alcohol, wine, spirits,
30and beer as defined in chapter 123 and controlled substances
31as defined in section 124.101.
   323.    2.  “Chief medical officer” means the medical director
33in charge of a public or private hospital, or the director’s
34physician-designee. This chapter does not negate the
35authority otherwise reposed by chapter 226 in the respective
-41-1superintendents of the state mental health institutes to make
2decisions regarding the appropriateness of admissions or
3discharges of patients of those institutes, however, it is
4the intent of this chapter that a superintendent who is not a
5licensed physician shall be guided in these decisions by the
6chief medical officer of the institute.
   74.    3.  “Clerk” means the clerk of the district court.
   84.  “Council” means the council on health and human services.
   95.  “County of residence” means the same as defined in
10section 331.394.
   116.  “Department” means the Iowa department of public health
 12and human services.
   137.  “Director” means the director of the Iowa department of
14public
health and human services.
   158.  “Facility” means an institution, a detoxification center,
16or an installation providing care, maintenance and treatment
17for persons with substance-related disorders a substance use
18disorder
licensed by the department under section 125.13,
19hospitals licensed under chapter 135B, or the state mental
20health institutes designated by chapter 226.
   219.  “Incapacitated by a chemical substance” means that a
22person, as a result of the use of a chemical substance, is
23unconscious or has the person’s judgment otherwise so impaired
24that the person is incapable of realizing and making a rational
25decision with respect to the need for treatment.
   2610.  “Incompetent person” means a person who has been
27adjudged incompetent by a court of law.
   2811.  “Interested person” means a person who, in the
29discretion of the court, is legitimately concerned that a
30respondent receive substance abuse use disorder treatment
31services.
   3212.  “Magistrate” means the same as defined in section 801.4,
33subsection 10.
   3413.  “Mental health professional” means the same as defined
35in section 228.1.
-42-
   114.  “Psychiatric advanced registered nurse practitioner”
2means an individual currently licensed as a registered nurse
3under chapter 152 or 152E who holds a national certification in
4psychiatric mental health care and who is licensed by the board
5of nursing as an advanced registered nurse practitioner.
   615.  “Respondent” means a person against whom an application
7is filed under section 125.75.
   816.  “Substance-related disorder” “Substance use disorder”
9 means a diagnosable substance abuse use disorder of sufficient
10duration to meet diagnostic criteria specified within the most
11current diagnostic and statistical manual of mental disorders
12published by the American psychiatric association that results
13in a functional impairment.
14   Sec. 81.  Section 125.3, Code 2023, is amended to read as
15follows:
   16125.3  Substance abuse use disorder program established.
   17The Iowa department of public health shall develop,
18implement, and administer a comprehensive substance abuse use
19disorder
program pursuant to sections 125.1 and 125.2, this
20section, and sections 125.7, 125.9, 125.10, 125.12 through
21125.21, 125.25, 125.32 through 125.34, and 125.37 through
22125.43.
23   Sec. 82.  Section 125.7, Code 2023, is amended to read as
24follows:
   25125.7  Duties of the board council.
   26The board council shall:
   271.  Approve the comprehensive substance abuse use disorder
28 program, developed by the department pursuant to sections 125.1
29through 125.3, this section, and sections 125.9, 125.10, 125.12
30through 125.21, 125.25, 125.32 through 125.34, and 125.37
31through 125.43.
   322.  Advise the department on policies governing the
33performance of the department in the discharge of any duties
34imposed on the department by law.
   353.  Advise or make recommendations to the governor and the
-43-1general assembly relative to substance abuse use disorder
2 treatment, intervention, education, and prevention programs in
3this state.
   44.  Adopt rules for subsections 1 and 6 and review other
5rules necessary to carry out the provisions of this chapter,
6subject to review in accordance with chapter 17A.
   75.  Investigate the work of the department relating to
8substance abuse use disorder, and for this purpose the board
9
 council shall have access at any time to all books, papers,
10documents, and records of the department.
   116.  Consider and approve or disapprove all applications
12for a license and all cases involving the renewal, denial,
13suspension, or revocation of a license.
   147.  Act as the appeal board regarding funding decisions made
15by the department.
16   Sec. 83.  Section 125.9, subsections 1, 2, 4, 5, and 6, Code
172023, are amended to read as follows:
   181.  Plan, establish and maintain treatment, intervention,
19education, and prevention programs as necessary or desirable in
20accordance with the comprehensive substance abuse use disorder
21 program.
   222.  Make contracts necessary or incidental to the
23performance of the duties and the execution of the powers
24of the director, including contracts with public and
25private agencies, organizations and individuals to pay
26them for services rendered or furnished to persons with
27substance-related disorders a substance use disorder.
   284.  Coordinate the activities of the department and
29cooperate with substance abuse use disorder programs in
30this and other states, and make contracts and other joint or
31cooperative arrangements with state, local or private agencies
32in this and other states for the treatment of persons with
33substance-related disorders a substance use disorder and
34for the common advancement of substance abuse use disorder
35 programs.
-44-
   15.  Require that a written report, in reasonable detail, be
2submitted to the director at any time by any agency of this
3state or of any of its political subdivisions in respect to any
4substance abuse use disorder prevention function, or program
5for the benefit of persons who are or have been involved in
6substance abuse use disorder, which is being conducted by the
7agency.
   86.  Submit to the governor a written report of the
9pertinent facts at any time the director concludes that any
10agency of this state or of any of its political subdivisions
11is conducting any substance abuse use disorder prevention
12function, or program for the benefit of persons who are or have
13been involved in substance abuse use disorder in a manner not
14consistent with or which impairs achievement of the objectives
15of the state plan to combat substance abuse use disorder, and
16has failed to effect appropriate changes in the function or
17program.
18   Sec. 84.  Section 125.10, Code 2023, is amended to read as
19follows:
   20125.10  Duties of director.
   21The director shall:
   221.  Prepare and submit a state plan subject to approval by
23the board council and in accordance with 42 U.S.C. §300x-21 et
24seq. The state plan shall designate the department as the sole
25agency for supervising the administration of the plan.
   262.  Develop, encourage, and foster statewide, regional,
27and local plans and programs for the prevention of substance
28misuse use disorder and the treatment of persons with
29substance-related disorders a substance use disorder in
30cooperation with public and private agencies, organizations and
31individuals, and provide technical assistance and consultation
32services for these purposes.
   333.  Coordinate the efforts and enlist the assistance of all
34public and private agencies, organizations, and individuals
35interested in the prevention of substance misuse use disorder
-45-1 and the treatment of persons with substance-related disorders a
2substance use disorder
. The director’s actions to implement
3this subsection shall also address the treatment needs of
4persons who have a mental illness, an intellectual disability,
5brain injury, or other co-occurring condition in addition to a
6substance-related substance use disorder.
   74.  Cooperate with the department of human services and
8the Iowa department of public health
in establishing and
9conducting programs to provide treatment for persons with
10substance-related disorders a substance use disorder.
   115.  Cooperate with the department of education, boards
12of education, schools, police departments, courts, and other
13public and private agencies, organizations, and individuals
14in establishing programs for the prevention of substance
15misuse use disorder and the treatment of persons with
16substance-related disorders a substance use disorder, and in
17preparing relevant curriculum materials for use at all levels
18of school education.
   196.  Prepare, publish, evaluate and disseminate educational
20material dealing with the nature and effects of chemical
21substances.
   227.  Develop and implement, as an integral part of treatment
23programs, an educational program for use in the treatment
24of persons with substance-related disorders a substance use
25disorder
, which program shall include the dissemination of
26information concerning the nature and effects of substances.
   278.  Organize and implement, in cooperation with local
28treatment programs, training programs for all persons engaged
29in treatment of persons with substance-related disorders a
30substance use disorder
.
   319.  Sponsor and implement research in cooperation with
32local treatment programs into the causes and nature of
33substance misuse use disorder and treatment of persons with
34substance-related disorders a substance use disorder, and serve
35as a clearing house for information relating to substance
-46-1misuse use disorder.
   210.  Specify uniform methods for keeping statistical
3information by public and private agencies, organizations,
4and individuals, and collect and make available relevant
5statistical information, including number of persons treated,
6frequency of admission and readmission, and frequency and
7duration of treatment.
   811.  Develop and implement, with the counsel and approval
9of the board council, the comprehensive plan for treatment
10of persons with substance-related disorders a substance use
11disorder
in accordance with this chapter.
   1212.  Assist in the development of, and cooperate with,
13substance abuse use disorder education and treatment programs
14for employees of state and local governments and businesses and
15industries in the state.
   1613.  Utilize the support and assistance of interested
17persons in the community, particularly persons who are
18recovering from substance-related disorders a substance use
19disorder
to encourage persons with substance-related disorders
20
 a substance use disorder to voluntarily undergo treatment.
   2114.  Cooperate with the commissioner of public safety in
22establishing and conducting programs designed to deal with the
23problem of persons operating motor vehicles while intoxicated.
   2415.  Encourage general hospitals and other appropriate
25health facilities to admit without discrimination persons
26with substance-related disorders a substance use disorder
27 and to provide them with adequate and appropriate treatment.
28The director may negotiate and implement contracts with
29hospitals and other appropriate health facilities with adequate
30detoxification facilities.
   3116.  Encourage all health and disability insurance programs
32to include substance-related substance use disorders as covered
33illnesses.
   3417.  Review all state health, welfare, education and
35treatment proposals to be submitted for federal funding under
-47-1federal legislation, and advise the governor on provisions
2to be included relating to substance misuse use disorder and
3persons with substance-related disorders a substance use
4disorder
.
5   Sec. 85.  Section 125.12, subsections 1 and 3, Code 2023, are
6amended to read as follows:
   71.  The board council shall review the comprehensive
8substance abuse use disorder program implemented by the
9department for the treatment of persons with substance-related
10disorders
 a substance use disorder and concerned family
11members. Subject to the review of the board council, the
12director shall divide the state into appropriate regions
13for the conduct of the program and establish standards for
14the development of the program on the regional level. In
15establishing the regions, consideration shall be given to city
16and county lines, population concentrations, and existing
17substance abuse use disorder treatment services.
   183.  The director shall provide for adequate and appropriate
19treatment for persons with substance-related disorders a
20substance use disorder
and concerned family members admitted
21under sections 125.33 and 125.34, or under section 125.75,
22125.81, or 125.91. Treatment shall not be provided at a
23correctional institution except for inmates. A mental health
24professional who is employed by a treatment provider under the
25program may provide treatment to a person with co-occurring
26substance-related substance use and mental health disorders.
27Such treatment may also be provided by a person employed by
28such a treatment provider who is receiving the supervision
29required to meet the definition of mental health professional
30but has not completed the supervision component.
31   Sec. 86.  Section 125.13, subsection 1, paragraph a, Code
322023, is amended to read as follows:
   33a.  Except as provided in subsection 2, a person shall not
34maintain or conduct any chemical substitutes or antagonists
35program, residential program, or nonresidential outpatient
-48-1program, the primary purpose of which is the treatment and
2rehabilitation of persons with substance-related disorders a
3substance use disorder
without having first obtained a written
4license for the program from the department.
5   Sec. 87.  Section 125.13, subsection 2, paragraphs a, b, c,
6f, i, and j, Code 2023, are amended to read as follows:
   7a.  A hospital providing care or treatment to persons
8with substance-related disorders a substance use disorder
9 licensed under chapter 135B which is accredited by the joint
10commission on the accreditation of health care organizations,
11the commission on accreditation of rehabilitation facilities,
12the American osteopathic association, or another recognized
13organization approved by the board council. All survey reports
14from the accrediting or licensing body must be sent to the
15department.
   16b.  Any practitioner of medicine and surgery or osteopathic
17medicine and surgery, in the practitioner’s private practice.
18However, a program shall not be exempted from licensing by the
19board council by virtue of its utilization of the services of a
20medical practitioner in its operation.
   21c.  Private institutions conducted by and for persons who
22adhere to the faith of any well recognized church or religious
23denomination for the purpose of providing care, treatment,
24counseling, or rehabilitation to persons with substance-related
25disorders
 a substance use disorder and who rely solely on
26prayer or other spiritual means for healing in the practice of
27religion of such church or denomination.
   28f.  Individuals in private practice who are providing
29substance abuse use disorder treatment services independent
30from a program that is required to be licensed under subsection
311.
   32i.  A substance abuse use disorder treatment program not
33funded by the department which is accredited or licensed
34by the joint commission on the accreditation of health
35care organizations, the commission on the accreditation
-49-1of rehabilitation facilities, the American osteopathic
2association, or another recognized organization approved by
3the board council. All survey reports from the accrediting or
4licensing body must be sent to the department.
   5j.  A hospital substance abuse use disorder treatment program
6that is accredited or licensed by the joint commission on the
7accreditation of health care organizations, the commission on
8the accreditation of rehabilitation facilities, the American
9osteopathic association, or another recognized organization
10approved by the board council. All survey reports for the
11hospital substance abuse use disorder treatment program
12from the accrediting or licensing body shall be sent to the
13department.
14   Sec. 88.  Section 125.14, Code 2023, is amended to read as
15follows:
   16125.14  Licenses — renewal — fees.
   17The board council shall consider all cases involving initial
18issuance, and renewal, denial, suspension, or revocation
19of a license. The department shall issue a license to an
20applicant whom the board council determines meets the licensing
21requirements of this chapter. Licenses shall expire no
22later than three years from the date of issuance and shall be
23renewed upon timely application made in the same manner as
24for initial issuance of a license unless notice of nonrenewal
25is given to the licensee at least thirty days prior to the
26expiration of the license. The department shall not charge a
27fee for licensing or renewal of programs contracting with the
28department for provision of treatment services. A fee may be
29charged to other licensees.
30   Sec. 89.  Section 125.14A, Code 2023, is amended to read as
31follows:
   32125.14A  Personnel of a licensed program admitting juveniles.
   331.  If a person is being considered for licensure under this
34chapter, or for employment involving direct responsibility for
35a child or with access to a child when the child is alone, by
-50-1a program admitting juveniles subject to licensure under this
2chapter, or if a person will reside in a facility utilized
3by such a program, and if the person has been convicted of
4a crime or has a record of founded child abuse, the record
5check evaluation system of the
department of human services
6 and the program, for an employee of the program, shall perform
7an evaluation to determine whether the crime or founded
8child abuse warrants prohibition of licensure, employment, or
9residence in the facility. The department of human services
10
 record check evaluation system shall conduct criminal and
11child abuse record checks in this state and may conduct these
12checks in other states. The evaluation shall be performed in
13accordance with procedures adopted for this purpose by the
14department of human services.
   152.  If the department of human services record check
16evaluation system
determines that a person has committed a
17crime or has a record of founded child abuse and is licensed,
18employed by a program licensed under this chapter, or resides
19in a licensed facility the department record check evaluation
20system
shall notify the program that an evaluation will be
21conducted to determine whether prohibition of the person’s
22licensure, employment, or residence is warranted.
   233.  In an evaluation, the department of human services
24
 record check evaluation system and the program for an employee
25of the program shall consider the nature and seriousness of
26the crime or founded child abuse in relation to the position
27sought or held, the time elapsed since the commission of the
28crime or founded child abuse, the circumstances under which
29the crime or founded child abuse was committed, the degree of
30rehabilitation, the likelihood that the person will commit the
31crime or founded child abuse again, and the number of crimes
32or founded child abuses committed by the person involved. The
33department of human services record check evaluation system
34 may permit a person who is evaluated to be licensed, employed,
35or to reside, or to continue to be licensed, employed, or
-51-1to reside in a program, if the person complies with the
2department’s record check evaluation system’s conditions
3relating to the person’s licensure, employment, or residence,
4which may include completion of additional training. For an
5employee of a licensee, these conditional requirements shall
6be developed with the licensee. The department of human
7services
 record check evaluation system has final authority
8in determining whether prohibition of the person’s licensure,
9employment, or residence is warranted and in developing any
10conditional requirements under this subsection.
   114.  If the department of human services record check
12evaluation system
determines that the person has committed a
13crime or has a record of founded child abuse which warrants
14prohibition of licensure, employment, or residence, the person
15shall not be licensed under this chapter to operate a program
16admitting juveniles and shall not be employed by a program or
17reside in a facility admitting juveniles licensed under this
18chapter.
   195.  In addition to the record checks required under this
20section, the department of human services record check
21evaluation system
may conduct dependent adult abuse record
22checks in this state and may conduct these checks in other
23states, on a random basis. The provisions of this section,
24relative to an evaluation following a determination that a
25person has been convicted of a crime or has a record of founded
26child abuse, shall also apply to a random check conducted under
27this subsection.
   286.  Beginning July 1, 1994, a A program or facility shall
29inform all new applicants for employment of the possibility
30of the performance of a record check and shall obtain, from
31the applicant, a signed acknowledgment of the receipt of the
32information.
   337.  On or after July 1, 1994, a A program or facility shall
34include the following inquiry in an application for employment:
35Do you have a record of founded child or dependent adult abuse
-52-1or have you ever been convicted of a crime, in this state or any
2other state?
3   Sec. 90.  Section 125.15, Code 2023, is amended to read as
4follows:
   5125.15  Inspections.
   6The department may inspect the facilities and review the
7procedures utilized by any chemical substitutes or antagonists
8program, residential program, or nonresidential outpatient
9program that has as a primary purpose the treatment and
10rehabilitation of persons with substance-related disorders a
11substance use disorder
, for the purpose of ensuring compliance
12with this chapter and the rules adopted pursuant to this
13chapter. The examination and review may include case record
14audits and interviews with staff and patients, consistent with
15the confidentiality safeguards of state and federal law.
16   Sec. 91.  Section 125.15A, subsection 1, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
   18The department may place an employee or agent to serve as a
19monitor in a licensed substance abuse use disorder treatment
20program or may petition the court for appointment of a receiver
21for a program when any of the following conditions exist:
22   Sec. 92.  Section 125.15A, subsection 1, paragraph b, Code
232023, is amended to read as follows:
   24b.  The board council has suspended, revoked, or refused to
25renew the existing license of the program.
26   Sec. 93.  Section 125.16, Code 2023, is amended to read as
27follows:
   28125.16  Transfer of license or change of location prohibited.
   29A license issued under this chapter may not be transferred,
30and the location of the physical facilities occupied or
31utilized by any program licensed under this chapter shall not
32be changed without the prior written consent of the board
33
 council.
34   Sec. 94.  Section 125.17, Code 2023, is amended to read as
35follows:
-53-   1125.17  License suspension or revocation.
   2Violation of any of the requirements or restrictions of
3this chapter or of any of the rules adopted pursuant to this
4chapter is cause for suspension, revocation, or refusal to
5renew a license. The director shall at the earliest time
6feasible notify a licensee whose license the board council
7 is considering suspending or revoking and shall inform the
8licensee what changes must be made in the licensee’s operation
9to avoid such action. The licensee shall be given a reasonable
10time for compliance, as determined by the director, after
11receiving such notice or a notice that the board council does
12not intend to renew the license. When the licensee believes
13compliance has been achieved, or if the licensee considers
14the proposed suspension, revocation, or refusal to renew
15unjustified, the licensee may submit pertinent information to
16the board council and the board council shall expeditiously
17make a decision in the matter and notify the licensee of the
18decision.
19   Sec. 95.  Section 125.18, Code 2023, is amended to read as
20follows:
   21125.18  Hearing before board council.
   22If a licensee under this chapter makes a written request
23for a hearing within thirty days of suspension, revocation,
24or refusal to renew a license, a hearing before the board
25
 council shall be expeditiously arranged by the department of
26inspections and appeals whose decision is subject to review by
27the board council. The board council shall issue a written
28statement of the board’s council’s findings within thirty days
29after conclusion of the hearing upholding or reversing the
30proposed suspension, revocation, or refusal to renew a license.
31Action involving suspension, revocation, or refusal to renew a
32license shall not be taken by the board council unless a quorum
33is present at the meeting. A copy of the board’s council’s
34 decision shall be promptly transmitted to the affected licensee
35who may, if aggrieved by the decision, seek judicial review of
-54-1the actions of the board council in accordance with the terms
2of chapter 17A.
3   Sec. 96.  Section 125.19, Code 2023, is amended to read as
4follows:
   5125.19  Reissuance or reinstatement.
   6After suspension, revocation, or refusal to renew a license
7pursuant to this chapter, the affected licensee shall not have
8the license reissued or reinstated within one year of the
9effective date of the suspension, revocation, or expiration
10upon refusal to renew, unless the board council orders
11otherwise. After that time, proof of compliance with the
12requirements and restrictions of this chapter and the rules
13adopted pursuant to this chapter must be presented to the board
14
 council prior to reinstatement or reissuance of a license.
15   Sec. 97.  Section 125.20, Code 2023, is amended to read as
16follows:
   17125.20  Rules.
   18The department shall establish rules pursuant to chapter
1917A requiring facilities to use reasonable accounting and
20reimbursement systems which recognize relevant cost-related
21factors for patients with a substance abuse patients use
22disorder
. A facility shall not be licensed nor shall any
23payment be made under this chapter to a facility which fails
24to comply with those rules or which does not permit inspection
25by the department or examination of all records, including
26financial records, methods of administration, general and
27special dietary programs, the disbursement of drugs and methods
28of supply, and any other records the department deems relevant
29to the establishment of such a system. However, rules issued
30pursuant to this paragraph shall not apply to any facility
31referred to in section 125.13, subsection 2 or section 125.43.
32   Sec. 98.  Section 125.21, subsection 1, Code 2023, is amended
33to read as follows:
   341.  The board council has exclusive power in this state
35to approve and license chemical substitutes and antagonists
-55-1programs, and to monitor chemical substitutes and antagonists
2programs to ensure that the programs are operating within the
3rules adopted pursuant to this chapter. The board council
4 shall grant approval and license if the requirements of the
5rules are met and state funding is not requested. The chemical
6substitutes and antagonists programs conducted by persons
7exempt from the licensing requirements of this chapter pursuant
8to section 125.13, subsection 2, are subject to approval and
9licensure under this section.
10   Sec. 99.  Section 125.25, subsection 1, Code 2023, is amended
11to read as follows:
   121.  Before making any allocation of funds to a local
13substance abuse use disorder program, the department shall
14require a detailed line item budget clearly indicating the
15funds received from each revenue source for the fiscal year
16for which the funds are requested on forms provided by the
17department for each program.
18   Sec. 100.  Section 125.32, unnumbered paragraph 1, Code
192023, is amended to read as follows:
   20The department shall adopt and may amend and repeal rules
21for acceptance of persons into the treatment program, subject
22to chapter 17A, considering available treatment resources and
23facilities, for the purpose of early and effective treatment
24of persons with substance-related disorders a substance
25use disorder
and concerned family members. In establishing
26the rules the department shall be guided by the following
27standards:
28   Sec. 101.  Section 125.32A, Code 2023, is amended to read as
29follows:
   30125.32A  Discrimination prohibited.
   31Any substance abuse use disorder treatment program receiving
32state funding under this chapter or any other chapter of the
33Code shall not discriminate against a person seeking treatment
34solely because the person is pregnant, unless the program
35in each instance identifies and refers the person to an
-56-1alternative and acceptable treatment program for the person.
2   Sec. 102.  Section 125.33, Code 2023, is amended to read as
3follows:
   4125.33  Voluntary treatment of persons with substance-related
5disorders
 a substance use disorder.
   61.  A person with a substance-related substance use
7 disorder may apply for voluntary treatment or rehabilitation
8services directly to a facility or to a licensed physician and
9surgeon or osteopathic physician and surgeon or to a mental
10health professional. If the proposed patient is a minor or
11an incompetent person, a parent, a legal guardian or other
12legal representative may make the application. The licensed
13physician and surgeon or osteopathic physician and surgeon,
14mental health professional, or any employee or person acting
15under the direction or supervision of the physician and
16surgeon or osteopathic physician and surgeon, mental health
17professional, or facility shall not report or disclose the
18name of the person or the fact that treatment was requested
19or has been undertaken to any law enforcement officer or law
20enforcement agency; nor shall such information be admissible as
21evidence in any court, grand jury, or administrative proceeding
22unless authorized by the person seeking treatment. If the
23person seeking such treatment or rehabilitation is a minor who
24has personally made application for treatment, the fact that
25the minor sought treatment or rehabilitation or is receiving
26treatment or rehabilitation services shall not be reported
27or disclosed to the parents or legal guardian of such minor
28without the minor’s consent, and the minor may give legal
29consent to receive such treatment and rehabilitation.
   302.  Subject to rules adopted by the department, the
31administrator or the administrator’s designee in charge of a
32facility may determine who shall be admitted for treatment
33or rehabilitation. If a person is refused admission, the
34administrator or the administrator’s designee, subject to rules
35adopted by the department, shall refer the person to another
-57-1facility for treatment if possible and appropriate.
   23.  A person with a substance-related substance use
3 disorder seeking treatment or rehabilitation and who is
4either addicted to or dependent on a chemical substance may
5first be examined and evaluated by a licensed physician and
6surgeon or osteopathic physician and surgeon or a mental health
7professional who may prescribe, if authorized or licensed
8to do so, a proper course of treatment and medication, if
9needed. The licensed physician and surgeon or osteopathic
10physician and surgeon or mental health professional may further
11prescribe a course of treatment or rehabilitation and authorize
12another licensed physician and surgeon or osteopathic physician
13and surgeon, mental health professional, or facility to
14provide the prescribed treatment or rehabilitation services.
15Treatment or rehabilitation services may be provided to a
16person individually or in a group. A facility providing or
17engaging in treatment or rehabilitation shall not report or
18disclose to a law enforcement officer or law enforcement
19agency the name of any person receiving or engaged in the
20treatment or rehabilitation; nor shall a person receiving or
21participating in treatment or rehabilitation report or disclose
22the name of any other person engaged in or receiving treatment
23or rehabilitation or that the program is in existence, to
24a law enforcement officer or law enforcement agency. Such
25information shall not be admitted in evidence in any court,
26grand jury, or administrative proceeding. However, a person
27engaged in or receiving treatment or rehabilitation may
28authorize the disclosure of the person’s name and individual
29participation.
   304.  If a patient receiving inpatient or residential care
31leaves a facility, the patient shall be encouraged to consent
32to appropriate outpatient or halfway house treatment. If it
33appears to the administrator in charge of the facility that
34the patient is a person with a substance-related substance
35use
disorder who requires help, the director may arrange for
-58-1assistance in obtaining supportive services.
   25.  If a patient leaves a facility, with or against the
3advice of the administrator in charge of the facility, the
4director may make reasonable provisions for the patient’s
5transportation to another facility or to the patient’s home.
6If the patient has no home the patient shall be assisted in
7obtaining shelter. If the patient is a minor or an incompetent
8person, the request for discharge from an inpatient facility
9shall be made by a parent, legal guardian, or other legal
10representative, or by the minor or incompetent person if the
11patient was the original applicant.
   126.  Any person who reports or discloses the name of a
13person receiving treatment or rehabilitation services to a
14law enforcement officer or law enforcement agency or any
15person receiving treatment or rehabilitation services who
16discloses the name of any other person receiving treatment or
17rehabilitation services without the written consent of the
18person in violation of the provisions of this section shall
19upon conviction be guilty of a simple misdemeanor.
20   Sec. 103.  Section 125.34, Code 2023, is amended to read as
21follows:
   22125.34  Treatment and services for persons with
23substance-related disorders a substance use disorder due to
24intoxication and substance-induced incapacitation.
   251.  A person with a substance-related substance use disorder
26due to intoxication or substance-induced incapacitation may
27come voluntarily to a facility for emergency treatment. A
28person who appears to be intoxicated or incapacitated by a
29substance in a public place and in need of help may be taken
30to a facility by a peace officer under section 125.91. If
31the person refuses the proffered help, the person may be
32arrested and charged with intoxication under section 123.46,
33if applicable.
   342.  If no facility is readily available the person may
35be taken to an emergency medical service customarily used
-59-1for incapacitated persons. The peace officer in detaining
2the person and in taking the person to a facility shall make
3every reasonable effort to protect the person’s health and
4safety. In detaining the person the detaining officer may take
5reasonable steps for self-protection. Detaining a person under
6section 125.91 is not an arrest and no entry or other record
7shall be made to indicate that the person who is detained has
8been arrested or charged with a crime.
   93.  A person who arrives at a facility and voluntarily
10submits to examination shall be examined by a licensed
11physician and surgeon or osteopathic physician and surgeon or
12mental health professional as soon as possible after the person
13arrives at the facility. The person may then be admitted as a
14patient or referred to another health facility. The referring
15facility shall arrange for transportation.
   164.  If a person is voluntarily admitted to a facility, the
17person’s family or next of kin shall be notified as promptly
18as possible. If an adult patient who is not incapacitated
19requests that there be no notification, the request shall be
20respected.
   215.  A peace officer who acts in compliance with this section
22is acting in the course of the officer’s official duty and is
23not criminally or civilly liable therefor for such acts, unless
24such acts constitute willful malice or abuse.
   256.  If the physician and surgeon or osteopathic physician
26and surgeon in charge of the facility determines it is for the
27patient’s benefit, the patient shall be encouraged to agree to
28further diagnosis and appropriate voluntary treatment.
   297.  A licensed physician and surgeon or osteopathic
30physician and surgeon, mental health professional, facility
31administrator, or an employee or a person acting as or on
32behalf of the facility administrator, is not criminally or
33civilly liable for acts in conformity with this chapter, unless
34the acts constitute willful malice or abuse.
35   Sec. 104.  Section 125.37, subsection 2, Code 2023, is
-60-1amended to read as follows:
   22.  Notwithstanding subsection 1, the director may make
3available information from patients’ records for purposes of
4research into the causes and treatment of substance abuse use
5disorder
. Information under this subsection shall not be
6published in a way that discloses patients’ names or other
7identifying information.
8   Sec. 105.  Section 125.39, Code 2023, is amended to read as
9follows:
   10125.39  Eligible entities.
   11A local governmental unit which is providing funds to a
12facility for treatment of substance abuse use disorder may
13request from the facility a treatment program plan prior to
14authorizing payment of any claims filed by the facility. The
15governing body of the local governmental unit may review the
16plan, but shall not impose on the facility any requirement
17conflicting with the comprehensive treatment program of the
18facility.
19   Sec. 106.  Section 125.43, Code 2023, is amended to read as
20follows:
   21125.43  Funding at mental health institutes.
   22Chapter 230 governs the determination of the costs
23and payment for treatment provided to persons with
24substance-related disorders a substance use disorderin a
25mental health institute under the department of human services,
26except that the charges are not a lien on real estate owned
27by persons legally liable for support of the person with a
28substance-related substance use disorder and the daily per diem
29shall be billed at twenty-five percent. The superintendent of
30a state hospital mental health institute shall total only those
31expenditures which can be attributed to the cost of providing
32inpatient treatment to persons with substance-related disorders
33
 a substance use disorder for purposes of determining the daily
34per diem. Section 125.44 governs the determination of who is
35legally liable for the cost of care, maintenance, and treatment
-61-1of a person with a substance-related substance use disorder and
2of the amount for which the person is liable.
3   Sec. 107.  Section 125.43A, Code 2023, is amended to read as
4follows:
   5125.43A  Prescreening — exception.
   6Except in cases of medical emergency or court-ordered
7admissions, a person shall be admitted to a state mental health
8institute for treatment of a substance-related substance use
9 disorder only after a preliminary intake and assessment by a
10department-licensed treatment facility or a hospital providing
11care or treatment for persons with substance-related disorders
12
 a substance use disorder licensed under chapter 135B and
13accredited by the joint commission on the accreditation of
14health care organizations, the commission on accreditation
15of rehabilitation facilities, the American osteopathic
16association, or another recognized organization approved by
17the board council, or by a designee of a department-licensed
18treatment facility or a hospital other than a state mental
19health institute, which confirms that the admission is
20appropriate to the person’s substance-related substance use
21 disorder service needs. A county board of supervisors may seek
22an admission of a patient to a state mental health institute
23who has not been confirmed for appropriate admission and the
24county shall be responsible for one hundred percent of the cost
25of treatment and services of the patient.
26   Sec. 108.  Section 125.44, Code 2023, is amended to read as
27follows:
   28125.44  Agreements with facilities — liability for costs.
   291.  The director may, consistent with the comprehensive
30substance abuse use disorder program, enter into written
31agreements with a facility as defined in section 125.2 to pay
32for one hundred percent of the cost of the care, maintenance,
33and treatment of persons with substance-related disorders a
34substance use disorder
, except when section 125.43A applies.
35All payments for state patients shall be made in accordance
-62-1with the limitations of this section. Such contracts shall be
2for a period of no more than one year.
   32.  The contract may be in the form and contain provisions
4as agreed upon by the parties. The contract shall provide
5that the facility shall admit and treat persons with
6substance-related disorders a substance use disorder regardless
7of where they have residence. If one payment for care,
8maintenance, and treatment is not made by the patient or
9those legally liable for the patient, the payment shall be
10made by the department directly to the facility. Payments
11shall be made each month and shall be based upon the rate of
12payment for services negotiated between the department and the
13contracting facility. If a facility projects a temporary cash
14flow deficit, the department may make cash advances at the
15beginning of each fiscal year to the facility. The repayment
16schedule for advances shall be part of the contract between the
17department and the facility. This section does not pertain to
18patients treated at the mental health institutes.
   193.  If the appropriation to the department is insufficient
20to meet the requirements of this section, the department shall
21request a transfer of funds and section 8.39 shall apply.
   224.  The person with a substance-related substance use
23 disorder is legally liable to the facility for the total amount
24of the cost of providing care, maintenance, and treatment for
25the person with a substance-related substance use disorder
26while a voluntary or committed patient in a facility. This
27section does not prohibit any individual from paying any
28portion of the cost of treatment.
   295.  The department is liable for the cost of care, treatment,
30and maintenance of persons with substance-related disorders a
31substance use disorder
admitted to the facility voluntarily or
32pursuant to section 125.75, 125.81, or 125.91 or section 321J.3
33or 124.409 only to those facilities that have a contract with
34the department under this section, only for the amount computed
35according to and within the limits of liability prescribed by
-63-1this section, and only when the person with a substance-related
2
 substance use disorder is unable to pay the costs and there is
3no other person, firm, corporation, or insurance company bound
4to pay the costs.
   56.  The department’s maximum liability for the costs of care,
6treatment, and maintenance of persons with substance-related
7disorders
 a substance use disorder in a contracting facility
8is limited to the total amount agreed upon by the parties and
9specified in the contract under this section.
10   Sec. 109.  Section 125.46, Code 2023, is amended to read as
11follows:
   12125.46  County of residence determined.
   13The facility shall, when a person with a substance-related
14
 substance use disorder is admitted, or as soon thereafter as
15it receives the proper information, determine and enter upon
16its records the Iowa county of residence of the person with a
17substance-related substance use disorder, or that the person
18resides in some other state or country, or that the person is
19unclassified with respect to residence.
20   Sec. 110.  Section 125.55, Code 2023, is amended to read as
21follows:
   22125.55  Audits.
   23All licensed substance abuse use disorder programs are
24subject to annual audit either by the auditor of state or in
25lieu of an audit by the auditor of state the substance abuse
26
 use disorder program may contract with or employ certified
27public accountants to conduct the audit, in accordance with
28sections 11.6, 11.14, and 11.19. The audit format shall be
29as prescribed by the auditor of state. The certified public
30accountant shall submit a copy of the audit to the director. A
31licensed substance abuse use disorder program is also subject
32to special audits as the director requests. The licensed
33substance abuse use disorder program or the department shall
34pay all expenses incurred by the auditor of state in conducting
35an audit under this section.
-64-
1   Sec. 111.  Section 125.58, Code 2023, is amended to read as
2follows:
   3125.58  Inspection — penalties.
   41.  If the department has probable cause to believe that
5an institution, place, building, or agency not licensed as
6a substance abuse use disorder treatment and rehabilitation
7facility is in fact a substance abuse use disorder treatment
8and rehabilitation facility as defined by this chapter, and
9is not exempt from licensing by section 125.13, subsection 2,
10the board council may order an inspection of the institution,
11place, building, or agency. If the inspector upon presenting
12proper identification is denied entry for the purpose of making
13the inspection, the inspector may, with the assistance of
14the county attorney of the county in which the premises are
15located, apply to the district court for an order requiring
16the owner or occupant to permit entry and inspection of the
17premises to determine whether there have been violations
18of this chapter. The investigation may include review of
19records, reports, and documents maintained by the facility
20and interviews with staff members consistent with the
21confidentiality safeguards of state and federal law.
   222.  A person establishing, conducting, managing, or
23operating a substance abuse use disorder treatment and
24rehabilitation facility without a license is guilty of a
25serious misdemeanor. Each day of continued violation after
26conviction or notice from the department by certified mail of a
27violation shall be considered a separate offense or chargeable
28offense. A person establishing, conducting, managing or
29operating a substance abuse use disorder treatment and
30rehabilitation facility without a license may be temporarily
31or permanently restrained therefrom by a court of competent
32jurisdiction in an action brought by the state.
   333.  Notwithstanding the existence or pursuit of any other
34remedy, the department may, in the manner provided by law,
35maintain an action in the name of the state for injunction or
-65-1other process against a person or governmental unit to restrain
2or prevent the establishment, conduct, management or operation
3of a substance abuse use disorder treatment and rehabilitation
4facility without a license.
5   Sec. 112.  Section 125.59, subsection 1, paragraph a,
6unnumbered paragraph 1, Code 2023, is amended to read as
7follows:
   8Of these funds, notwithstanding section 125.13, subsection
91, one-half of the transferred amount shall be used for grants
10to counties operating a substance abuse use disorder program
11involving only education, prevention, referral or posttreatment
12services, either with the counties’ own employees or by
13contract with a nonprofit corporation. The grants shall not
14annually exceed ten thousand dollars to any one county, subject
15to the following conditions:
16   Sec. 113.  Section 125.59, subsection 1, paragraph b, Code
172023, is amended to read as follows:
   18b.  If the transferred amount for this subsection exceeds
19grant requests funded to the ten thousand dollar maximum,
20the department of public health may use the remainder for
21activities and public information resources that align with
22best practices for substance-related substance use disorder
23prevention or to increase grants pursuant to subsection 2.
24   Sec. 114.  Section 125.75, subsection 1, Code 2023, is
25amended to read as follows:
   261.  Proceedings for the involuntary commitment or treatment
27of a person with a substance-related substance use disorder
28to a facility pursuant to this chapter or for the involuntary
29hospitalization of a person pursuant to chapter 229 may
30be commenced by any interested person by filing a verified
31application with the clerk of the district court of the
32county where the respondent is presently located or which
33is the respondent’s place of residence. The clerk or the
34clerk’s designee shall assist the applicant in completing the
35application.
-66-
1   Sec. 115.  Section 125.75, subsection 2, paragraph a,
2subparagraph (1), Code 2023, is amended to read as follows:
   3(1)  A substance-related substance use disorder as defined
4in section 125.2.
5   Sec. 116.  Section 125.80, subsections 3 and 4, Code 2023,
6are amended to read as follows:
   73.  If the report of a court-designated licensed physician
8and surgeon or osteopathic physician and surgeon or mental
9health professional is to the effect that the respondent is
10not a person with a substance-related substance use disorder,
11the court, without taking further action, shall terminate the
12proceeding and dismiss the application on its own motion and
13without notice.
   144.  If the report of a court-designated licensed physician
15and surgeon or osteopathic physician and surgeon or mental
16health professional is to the effect that the respondent is a
17person with a substance-related substance use disorder, the
18court shall schedule a commitment hearing as soon as possible.
19The hearing shall be held not more than forty-eight hours
20after the report is filed, excluding Saturdays, Sundays, and
21holidays, unless an extension for good cause is requested
22by the respondent, or as soon thereafter as possible if the
23court considers that sufficient grounds exist for delaying the
24hearing.
25   Sec. 117.  Section 125.81, subsection 1, Code 2023, is
26amended to read as follows:
   271.  If a person filing an application requests that a
28respondent be taken into immediate custody, and the court upon
29reviewing the application and accompanying documentation, finds
30probable cause to believe that the respondent is a person with
31a substance-related substance use disorder who is likely to
32injure the person or other persons if allowed to remain at
33liberty, the court may enter a written order directing that
34the respondent be taken into immediate custody by the sheriff,
35and be detained until the commitment hearing, which shall
-67-1be held no more than five days after the date of the order,
2except that if the fifth day after the date of the order is
3a Saturday, Sunday, or a holiday, the hearing may be held on
4the next business day. The court may order the respondent
5detained for the period of time until the hearing is held, and
6no longer except as provided in section 125.88, in accordance
7with subsection 2, paragraph “a”, if possible, and if not, then
8in accordance with subsection 2, paragraph “b”, or, only if
9neither of these alternatives is available in accordance with
10subsection 2, paragraph “c”.
11   Sec. 118.  Section 125.81, subsection 2, paragraph c, Code
122023, is amended to read as follows:
   13c.  In the nearest facility which is licensed to care for
14persons with mental illness or substance abuse use disorder,
15provided that detention in a jail or other facility intended
16for confinement of those accused or convicted of a crime shall
17not be ordered.
18   Sec. 119.  Section 125.82, subsections 3 and 4, Code 2023,
19are amended to read as follows:
   203.  The person who filed the application and a licensed
21physician and surgeon or osteopathic physician and surgeon,
22mental health professional, or certified alcohol and drug
23counselor certified by the nongovernmental Iowa board of
24substance abuse certification who has examined the respondent
25in connection with the commitment hearing shall be present
26at the hearing, unless the court for good cause finds that
27their presence or testimony is not necessary. The applicant,
28respondent, and the respondent’s attorney may waive the
29presence or telephonic appearance of the licensed physician
30and surgeon or osteopathic physician and surgeon, mental
31health professional, or certified alcohol and drug counselor
32who examined the respondent and agree to submit as evidence
33the written report of the licensed physician and surgeon or
34osteopathic physician and surgeon, mental health professional,
35or certified alcohol and drug counselor. The respondent’s
-68-1attorney shall inform the court if the respondent’s attorney
2reasonably believes that the respondent, due to diminished
3capacity, cannot make an adequately considered waiver decision.
4“Good cause” for finding that the testimony of the licensed
5physician and surgeon or osteopathic physician and surgeon,
6mental health professional, or certified alcohol and drug
7counselor who examined the respondent is not necessary may
8include, but is not limited to, such a waiver. If the court
9determines that the testimony of the licensed physician and
10surgeon or osteopathic physician and surgeon, mental health
11professional, or certified alcohol and drug counselor is
12necessary, the court may allow the licensed physician and
13surgeon or osteopathic physician and surgeon, mental health
14professional, or certified alcohol and drug counselor to
15testify by telephone. The respondent shall be present at the
16hearing unless prior to the hearing the respondent’s attorney
17stipulates in writing that the attorney has conversed with the
18respondent, and that in the attorney’s judgment the respondent
19cannot make a meaningful contribution to the hearing, or that
20the respondent has waived the right to be present, and the
21basis for the attorney’s conclusions. A stipulation to the
22respondent’s absence shall be reviewed by the court before the
23hearing, and may be rejected if it appears that insufficient
24grounds are stated or that the respondent’s interests would not
25be served by the respondent’s absence.
   264.  The respondent’s welfare is paramount, and the hearing
27shall be tried as a civil matter and conducted in as informal a
28manner as is consistent with orderly procedure. The hearing
29may be held by video conference at the discretion of the
30court. Discovery as permitted under the Iowa rules of civil
31procedure is available to the respondent. The court shall
32receive all relevant and material evidence, but the court is
33not bound by the rules of evidence. A presumption in favor of
34the respondent exists, and the burden of evidence and support
35of the contentions made in the application shall be upon the
-69-1person who filed the application. If upon completion of the
2hearing the court finds that the contention that the respondent
3is a person with a substance-related substance use disorder has
4not been sustained by clear and convincing evidence, the court
5shall deny the application and terminate the proceeding.
6   Sec. 120.  Section 125.83, Code 2023, is amended to read as
7follows:
   8125.83  Placement for evaluation.
   9If upon completion of the commitment hearing, the court
10finds that the contention that the respondent is a person with
11a substance-related substance use disorder has been sustained
12by clear and convincing evidence, the court shall order the
13respondent placed at a facility or under the care of a suitable
14facility on an outpatient basis as expeditiously as possible
15for a complete evaluation and appropriate treatment. The
16court shall furnish to the facility at the time of admission
17or outpatient placement, a written statement of facts setting
18forth the evidence on which the finding is based. The
19administrator of the facility shall report to the court no
20more than fifteen days after the individual is admitted to or
21placed under the care of the facility, which shall include the
22chief medical officer’s recommendation concerning treatment
23of a substance-related substance use disorder. An extension
24of time may be granted for a period not to exceed seven days
25upon a showing of good cause. A copy of the report shall be
26sent to the respondent’s attorney who may contest the need
27for an extension of time if one is requested. If the request
28is contested, the court shall make an inquiry as it deems
29appropriate and may either order the respondent released
30from the facility or grant an extension of time for further
31evaluation. If the administrator fails to report to the court
32within fifteen days after the individual is admitted to the
33facility, and no extension of time has been requested, the
34administrator is guilty of contempt and shall be punished
35under chapter 665. The court shall order a rehearing on the
-70-1application to determine whether the respondent should continue
2to be held at the facility.
3   Sec. 121.  Section 125.83A, subsection 1, Code 2023, is
4amended to read as follows:
   51.  If upon completion of the commitment hearing, the court
6finds that the contention that the respondent is a person with
7a substance-related substance use disorder has been sustained
8by clear and convincing evidence, and the court is furnished
9evidence that the respondent is eligible for care and treatment
10in a facility operated by the United States department of
11veterans affairs or another agency of the United States
12government and that the facility is willing to receive the
13respondent, the court may so order. The respondent, when so
14placed in a facility operated by the United States department
15of veterans affairs or another agency of the United States
16government within or outside of this state, shall be subject to
17the rules of the United States department of veterans affairs
18or other agency, but shall not lose any procedural rights
19afforded the respondent by this chapter. The chief officer
20of the facility shall have, with respect to the respondent
21so placed, the same powers and duties as the chief medical
22officer of a hospital in this state would have in regard to
23submission of reports to the court, retention of custody,
24transfer, convalescent leave, or discharge. Jurisdiction
25is retained in the court to maintain surveillance of the
26respondent’s treatment and care, and at any time to inquire
27into the respondent’s condition and the need for continued care
28and custody.
29   Sec. 122.  Section 125.84, Code 2023, is amended to read as
30follows:
   31125.84  Evaluation report.
   32The facility administrator’s report to the court of the
33chief medical officer’s substance abuse use disorder evaluation
34of the respondent shall be made no later than the expiration of
35the time specified in section 125.83. At least two copies of
-71-1the report shall be filed with the clerk, who shall distribute
2the copies in the manner described by section 125.80,
3subsection 2. The report shall state one of the four following
4alternative findings:
   51.  That the respondent does not, as of the date of the
6report, require further treatment for substance abuse use
7disorder
. If the report so states, the court shall order the
8respondent’s immediate release from involuntary commitment and
9terminate the proceedings.
   102.  That the respondent is a person with a substance-related
11
 substance use disorder who is in need of full-time custody,
12care, and treatment in a facility, and is considered likely
13to benefit from treatment. If the report so states, the
14court shall enter an order which may require the respondent’s
15continued placement and commitment to a facility for
16appropriate treatment.
   173.  That the respondent is a person with a substance-related
18
 substance use disorder who is in need of treatment, but does
19not require full-time placement in a facility. If the report
20so states, the report shall include the chief medical officer’s
21recommendation for treatment of the respondent on an outpatient
22or other appropriate basis, and the court shall enter an order
23which may direct the respondent to submit to the recommended
24treatment. The order shall provide that if the respondent
25fails or refuses to submit to treatment, as directed by the
26court’s order, the court may order that the respondent be
27taken into immediate custody as provided by section 125.81
28and, following notice and hearing held in accordance with
29the procedures of sections 125.77 and 125.82, may order the
30respondent treated as a patient requiring full-time custody,
31care, and treatment as provided in subsection 2, and may order
32the respondent involuntarily committed to a facility.
   334.  That the respondent is a person with a substance-related
34
 substance use disorder who is in need of treatment, but in
35the opinion of the chief medical officer is not responding to
-72-1the treatment provided. If the report so states, the report
2shall include the facility administrator’s recommendation for
3alternative placement, and the court shall enter an order
4which may direct the respondent’s transfer to the recommended
5placement or to another placement after consultation with the
6 respondent’s attorney and the facility administrator who made
7the report under this subsection.
8   Sec. 123.  Section 125.85, subsection 1, Code 2023, is
9amended to read as follows:
   101.  A respondent committed under section 125.84, subsection
112, shall remain in the custody of a facility for treatment
12for a period of thirty days, unless sooner discharged. The
13department is not required to pay the cost of any medication or
14procedure provided to the respondent during that period which
15is not necessary or appropriate to the specific objectives
16of detoxification and treatment of substance abuse use
17disorder
. At the end of the thirty-day period, the respondent
18shall be discharged automatically unless the administrator
19of the facility, before expiration of the period, obtains a
20court order for the respondent’s recommitment pursuant to an
21application under section 125.75, for a further period not to
22exceed ninety days.
23   Sec. 124.  Section 125.91, Code 2023, is amended to read as
24follows:
   25125.91  Emergency detention.
   261.  The procedure prescribed by this section shall only
27be used for a person with a substance-related substance
28use
disorder due to intoxication or substance-induced
29incapacitation who has threatened, attempted, or inflicted
30physical self-harm or harm on another, and is likely to inflict
31physical self-harm or harm on another unless immediately
32detained, or who is incapacitated by a substance, if an
33application has not been filed naming the person as the
34respondent pursuant to section 125.75 and the person cannot be
35ordered into immediate custody and detained pursuant to section
-73-1125.81.
   22.  a.  A peace officer who has reasonable grounds to believe
3that the circumstances described in subsection 1 are applicable
4may, without a warrant, take or cause that person to be taken
5to the nearest available facility referred to in section
6125.81, subsection 2, paragraph “b” or “c”. Such a person with
7a substance-related substance use disorder due to intoxication
8or substance-induced incapacitation who also demonstrates
9a significant degree of distress or dysfunction may also
10be delivered to a facility by someone other than a peace
11officer upon a showing of reasonable grounds. Upon delivery
12of the person to a facility under this section, the attending
13physician and surgeon or osteopathic physician and surgeon may
14order treatment of the person, but only to the extent necessary
15to preserve the person’s life or to appropriately control
16the person’s behavior if the behavior is likely to result in
17physical injury to the person or others if allowed to continue.
18The peace officer or other person who delivered the person to
19the facility shall describe the circumstances of the matter to
20the attending physician and surgeon or osteopathic physician
21and surgeon. If the person is a peace officer, the peace
22officer may do so either in person or by written report.
   23b.  If the attending physician and surgeon or osteopathic
24physician and surgeon has reasonable grounds to believe that
25the circumstances in subsection 1 are applicable, the facility
26shall have the authority to detain the person for a period of
27no longer than twelve hours. Within twelve hours of detaining
28a person pursuant to this section, the attending physician
29shall communicate with the nearest available magistrate.
   30c.  Once contacted pursuant to paragraph “b”, the magistrate
31shall, based upon the circumstances described by the attending
32physician and surgeon or osteopathic physician and surgeon,
33give the attending physician and surgeon or osteopathic
34physician and surgeon oral instructions either directing that
35the person be released forthwith, or authorizing the person’s
-74-1detention in an appropriate facility. The magistrate may also
2give oral instructions and order that the detained person be
3transported to an appropriate facility.
   4d.  If the magistrate orders that the person be detained, the
5magistrate shall, by the close of business on the next working
6day, file a written order with the clerk in the county where it
7is anticipated that an application may be filed under section
8125.75. The order may be filed by facsimile if necessary. The
9order shall state the circumstances under which the person was
10taken into custody or otherwise brought to a facility and the
11grounds supporting the finding of probable cause to believe
12that the person is a person with a substance-related substance
13use
disorder likely to result in physical injury to the person
14or others if not detained. The order shall confirm the oral
15order authorizing the person’s detention including any order
16given to transport the person to an appropriate facility. The
17clerk shall provide a copy of that order to the attending
18physician and surgeon or osteopathic physician and surgeon at
19the facility to which the person was originally taken, any
20subsequent facility to which the person was transported, and
21to any law enforcement department or ambulance service that
22transported the person pursuant to the magistrate’s order.
   233.  The attending physician and surgeon or osteopathic
24physician and surgeon shall examine and may detain the person
25pursuant to the magistrate’s order for a period not to exceed
26forty-eight hours from the time the order is dated, excluding
27Saturdays, Sundays, and holidays, unless the order is dismissed
28by a magistrate. The facility may provide treatment which is
29necessary to preserve the person’s life or to appropriately
30control the person’s behavior if the behavior is likely to
31result in physical injury to the person or others if allowed
32to continue or is otherwise deemed medically necessary by
33the attending physician and surgeon or osteopathic physician
34and surgeon or mental health professional, but shall not
35otherwise provide treatment to the person without the person’s
-75-1consent. The person shall be discharged from the facility and
2released from detention no later than the expiration of the
3forty-eight-hour period, unless an application for involuntary
4commitment is filed with the clerk pursuant to section 125.75.
5The detention of a person by the procedure in this section, and
6not in excess of the period of time prescribed by this section,
7shall not render the peace officer, attending physician and
8surgeon or osteopathic physician and surgeon, or facility
9detaining the person liable in a criminal or civil action
10for false arrest or false imprisonment if the peace officer,
11attending physician and surgeon or osteopathic physician
12and surgeon, mental health professional, or facility had
13reasonable grounds to believe that the circumstances described
14in subsection 1 were applicable.
   154.  The cost of detention in a facility under the procedure
16prescribed in this section shall be paid in the same way as if
17the person had been committed to the facility pursuant to an
18application filed under section 125.75.
19   Sec. 125.  Section 125.93, Code 2023, is amended to read as
20follows:
   21125.93  Commitment records — confidentiality.
   22Records of the identity, diagnosis, prognosis, or treatment
23of a person which are maintained in connection with the
24provision of substance abuse use disorder treatment services
25are confidential, consistent with the requirements of section
26125.37, and with the federal confidentiality regulations
27authorized by the federal Drug Abuse Office and Treatment Act,
28 42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
29and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
30U.S.C. §290dd-2. However, such records may be disclosed to an
31employee of the department of corrections, if authorized by the
32director of the department of corrections, or to an employee
33of a judicial district department of correctional services, if
34authorized by the director of the judicial district department
35of correctional services.
-76-
1   Sec. 126.  Section 135.1, Code 2023, is amended to read as
2follows:
   3135.1  Definitions.
   4For the purposes of chapter 155 and Title IV, subtitle 2,
5excluding chapter 146, unless otherwise defined:
   61.  “Director” shall mean means the director of public health
 7and human services.
   82.  “Health officer” means the physician, physician
9assistant, advanced registered nurse practitioner, or advanced
10practice registered nurse who is the health officer of the
11local board of health.
   123.  “Local board” shall mean means the local board of health.
   134.  “Physician” means a person licensed to practice
14medicine and surgery, osteopathic medicine and surgery,
15chiropractic, podiatry, or optometry under the laws of this
16state; but a person licensed as a physician and surgeon shall
17be designated as a “physician” or “surgeon”, a person licensed
18as an osteopathic physician and surgeon shall be designated
19as an “osteopathic physician” or “osteopathic surgeon”, a
20person licensed as a chiropractor shall be designated as a
21“chiropractor”, a person licensed as a podiatrist shall be
22designated as a “podiatric physician”, and a person licensed
23as an optometrist shall be designated as an “optometrist”. A
24definition or designation contained in this subsection shall
25not be interpreted to expand the scope of practice of such
26licensees.
   275.  “Rules” shall include regulations and orders.
   286.  “State department” or “department” shall mean means the
29Iowa department of public health and human services.
30   Sec. 127.  Section 135.11, Code 2023, is amended to read as
31follows:
   32135.11  Duties Public health duties of department.
   33The director of public health shall be the head of the “Iowa
34Department of Public Health”, which
 department shall:
   351.  Exercise general supervision over the public health,
-77-1promote public hygiene and sanitation, prevent substance abuse
2
 use disorder and unless otherwise provided, enforce the laws
3relating to the same.
   42.  Conduct campaigns for the education of the people in
5hygiene and sanitation.
   63.  Issue monthly health bulletins containing fundamental
7health principles and other health data deemed of public
8interest.
   94.  Make investigations and surveys in respect to the
10causes of disease and epidemics, and the effect of locality,
11employment, and living conditions upon the public health. For
12this purpose the department may use the services of the experts
13connected with the state hygienic laboratory at the state
14university of Iowa
.
   155.  Establish stations throughout the state for the
16distribution of antitoxins and vaccines to physicians,
17druggists pharmacists, and other persons, at cost. All
18antitoxin and vaccine thus distributed shall be labeled “Iowa
19Department of Public Health and Human Services”.
   206.  Exercise general supervision over the administration and
21enforcement of the sexually transmitted diseases and infections
22law, chapter 139A, subchapter II.
   237.  Exercise sole jurisdiction over the disposal and
24transportation of the dead bodies of human beings and prescribe
25the methods to be used in preparing such bodies for disposal
26and transportation. However, the department may approve
27a request for an exception to the application of specific
28embalming and disposition rules adopted pursuant to this
29subsection if such rules would otherwise conflict with tenets
30and practices of a recognized religious denomination to which
31the deceased individual adhered or of which denomination the
32deceased individual was a member. The department shall inform
33the board of mortuary science of any such approved exception
34which may affect services provided by a funeral director
35licensed pursuant to chapter 156.
-78-
   18.  Establish, publish, and enforce rules which require
2companies, corporations, and other entities to obtain a permit
3from the department prior to scattering cremated human remains.
   49.  Exercise general supervision over the administration and
5enforcement of the vital statistics law, chapter 144.
   610.  Enforce the law relative to chapter 146 and
7“Health-related Professions”, Title IV, subtitle 3, excluding
8chapter 155.
   911.  Establish and maintain divisions as are necessary
10for the proper enforcement of the laws administered by the
11department.
   1212.  Establish, publish, and enforce rules not inconsistent
13with law for the enforcement of the provisions of chapter 125
14and 155, and Title IV, subtitle 2, excluding chapter 146 and
15for the enforcement of the various laws, the administration and
16supervision of which are imposed upon the department.
   1713.    10.  Administer healthy aging and essential public
18health services by approving grants of state funds to the local
19boards of health for the purposes of promoting healthy aging
20throughout the lifespan and enhancing health promotion and
21disease prevention services, and by providing guidelines for
22the approval of the grants and allocation of the state funds.
23Guidelines, evaluation requirements and formula allocation
24procedures for the services shall be established by the
25department by rule.
   2614.    11.  Administer chapters 125, 136A, 136C, 139A, 142,
27142A, 144, and 147A.
   2815.  Issue an annual report to the governor as provided in
29section 7E.3, subsection 4.
   3016.    12.  Consult with the office of statewide clinical
31education programs at the university of Iowa college of
32medicine and annually submit a report to the general assembly
33by January 15 verifying the number of physicians in active
34practice in Iowa by county who are engaged in providing
35obstetrical care. To the extent data are readily available,
-79-1the report shall include information concerning the number
2of deliveries per year by specialty and county, the age of
3physicians performing deliveries, and the number of current
4year graduates of the university of Iowa college of medicine
5and the Des Moines university — osteopathic medical center
6entering into residency programs in obstetrics, gynecology,
7and family practice. The report may include additional
8data relating to access to obstetrical services that may be
9available.
   1017.    13.  Administer the statewide maternal and child health
11program and the program for children with disabilities by
12conducting mobile and regional child health specialty clinics
13and conducting other activities to improve the health of
14low-income women and children and to promote the welfare of
15children with actual or potential conditions which may cause
16disabilities and children with chronic illnesses in accordance
17with the requirements of Tit.V of the federal Social Security
18Act. The department shall provide technical assistance to
19encourage the coordination and collaboration of state agencies
20in developing outreach centers which provide publicly supported
21services for pregnant women, infants, and children. The
22department shall also, through cooperation and collaborative
23agreements with the department of human services and the
24 mobile and regional child health specialty clinics, establish
25common intake proceedings for maternal and child health
26services. The department shall work in cooperation with the
27legislative services agency in monitoring the effectiveness of
28the maternal and child health centers, including the provision
29of transportation for patient appointments and the keeping of
30scheduled appointments.
   3118.    14.  Establish, publish, and enforce rules requiring
32prompt reporting of methemoglobinemia, pesticide poisoning, and
33the reportable poisonings and illnesses established pursuant
34to section 139A.21.
   3519.    15.  Collect and maintain reports of pesticide
-80-1poisonings and other poisonings, illnesses, or injuries
2caused by selected chemical or physical agents,
3including methemoglobinemia and pesticide and fertilizer
4hypersensitivity; and compile and publish, annually, a
5statewide and county-by-county profile based on the reports.
   620.    16.  Adopt rules which require personnel of a licensed
7hospice, of a homemaker-home health aide provider agency
8which receives state homemaker-home health aide funds, or of
9an agency which provides respite care services and receives
10funds to complete training concerning blood-borne pathogens,
11including human immunodeficiency virus and viral hepatitis,
12consistent with standards from the federal occupational safety
13and health administration.
   1421.    17.  Adopt rules which require all emergency medical
15services personnel, fire fighters, and law enforcement
16personnel to complete training concerning blood-borne
17pathogens, including human immunodeficiency virus and
18viral hepatitis, consistent with standards from the federal
19occupational safety and health administration.
   2022.    18.  Adopt rules which provide for the testing of a
21convicted or alleged offender for the human immunodeficiency
22virus pursuant to sections 915.40 through 915.43. The rules
23shall provide for the provision of counseling, health care, and
24support services to the victim.
   2523.    19.  Establish ad hoc and advisory committees to the
26director in areas where technical expertise is not otherwise
27readily available. Members may be compensated for their actual
28and necessary expenses incurred in the performance of their
29duties. To encourage health consumer participation, public
30members may also receive a per diem as specified in section
317E.6 if funds are available and the per diem is determined
32to be appropriate by the director. Expense moneys paid to
33the members shall be paid from funds appropriated to the
34department. A majority of the members of such a committee
35constitutes a quorum.
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   124.    20.  Administer annual grants to county boards of health
2for the purpose of conducting programs for the testing of
3private water supply wells, the closing of abandoned private
4water supply wells, and the renovation or rehabilitation of
5private water supply wells. Grants shall be funded through
6moneys transferred to the department from the agriculture
7management account of the groundwater protection fund pursuant
8to section 455E.11, subsection 2, paragraph “b”, subparagraph
9(2), subparagraph division (b). The department shall adopt
10rules relating to the awarding of the grants.
   1125.    21.  Establish and administer, if sufficient funds
12are available to the department, a program to assess and
13forecast health workforce supply and demand in the state for
14the purpose of identifying current and projected workforce
15needs. The program may collect, analyze, and report data that
16furthers the purpose of the program. The program shall not
17release information that permits identification of individual
18respondents of program surveys.
   1926.    22.  In consultation with the advisory committee for
20perinatal guidelines, develop and maintain the statewide
21perinatal program based on the recommendations of the American
22academy of pediatrics and the American college of obstetricians
23and gynecologists contained in the most recent edition of
24the guidelines for perinatal care, and shall adopt rules in
25accordance with chapter 17A to implement those recommendations.
26Hospitals within the state shall determine whether to
27participate in the statewide perinatal program, and select the
28hospital’s level of participation in the program. A hospital
29having determined to participate in the program shall comply
30with the guidelines appropriate to the level of participation
31selected by the hospital. Perinatal program surveys and
32reports are privileged and confidential and are not subject to
33discovery, subpoena, or other means of legal compulsion for
34their release to a person other than the affected hospital, and
35are not admissible in evidence in a judicial or administrative
-82-1proceeding other than a proceeding involving verification of
2the participating hospital under this subsection.
   327.    23.  In consultation with the department of corrections,
4the antibiotic resistance task force, and the American
5federation of state, county and municipal employees, develop
6educational programs to increase awareness and utilization of
7infection control practices in institutions listed in section
8904.102.
   928.    24.  Administer the Iowa youth survey, in collaboration
10with other state agencies, as appropriate, every two years to
11students in grades six, eight, and eleven in Iowa’s public
12and nonpublic schools. Survey data shall be evaluated and
13reported, with aggregate data available online at the Iowa
14youth survey internet site.
15   Sec. 128.  Section 135.14, Code 2023, is amended to read as
16follows:
   17135.14  State public health dental director — duties program.
   181.  The position of state public health dental director is
19established within the department.
   202.  The dental director department shall perform all of the
21following duties:
   22a.    1.  Plan and direct all work activities of the statewide
23public health dental program.
   24b.    2.  Develop comprehensive dental initiatives for
25prevention activities.
   26c.    3.  Evaluate the effectiveness of the statewide public
27health dental program and of program personnel.
   28d.  Manage the oral and health delivery systems bureau
29including direction, supervision, and fiscal management of
30bureau staff.
   31e.    4.  Other related work as required.
32   Sec. 129.  Section 135.15, Code 2023, is amended to read as
33follows:
   34135.15  Oral and health delivery systems bureau established —
35responsibilities
.
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   1An oral and health delivery systems bureau is established
2within the division of health promotion and chronic disease
3prevention of the department.
The bureau department shall be
4responsible for all of the following:
   51.  Providing population-based oral health services,
6including public health training, improvement of dental support
7systems for families, technical assistance, awareness-building
8activities, and educational services, at the state and local
9level to assist Iowans in maintaining optimal oral health
10throughout all stages of life.
   112.  Performing infrastructure building and enabling services
12through the administration of state and federal grant programs
13targeting access improvement, prevention, and local oral
14health programs utilizing maternal and child health programs,
15Medicaid, and other new or existing programs.
   163.  Leveraging federal, state, and local resources for
17programs under the purview of the bureau department.
   184.  Facilitating ongoing strategic planning and application
19of evidence-based research in oral health care policy
20development that improves oral health care access and the
21overall oral health of all Iowans.
   225.  Developing and implementing an ongoing oral health
23surveillance system for the evaluation and monitoring of
24the oral health status of children and other underserved
25populations.
   266.  Facilitating the provision of oral health services
27through dental homes. For the purposes of this section,
28“dental home” means a network of individualized care based on
29risk assessment, which includes oral health education, dental
30screenings, preventive services, diagnostic services, treatment
31services, and emergency services.
32   Sec. 130.  Section 135.16A, subsection 2, Code 2023, is
33amended to read as follows:
   342.  a.  The department of inspections and appeals shall
35assist the Iowa department of public health in adopting rules
-84-1necessary to implement and administer this section.
   2b.  If necessary to implement, administer, and enforce this
3section, the Iowa department of public health, in cooperation
4with the department of agriculture and land stewardship, shall
5submit a request to the United States department of agriculture
6for a waiver or other exception from regulations as deemed
7feasible by the Iowa department of public health. The Iowa
8 department of public health shall regularly report the status
9of such request to the legislative services agency.
10   Sec. 131.  Section 135.22A, subsection 2, Code 2023, is
11amended to read as follows:
   122.  The advisory council on brain injuries is established.
13The following persons or their designees shall serve as ex
14officio, nonvoting members of the council:
   15a.  The director of public health and human services or the
16director’s designee
.
   17b.  The director of human services and any division
18administrators of the department of human services so assigned
19by the director.
   20c.    b.  The director of the department of education.
   21d.    c.  The chief of the special education bureau of the
22department of education.
   23e.    d.  The administrator of the division of vocational
24rehabilitation services of the department of education
25
 workforce development.
   26f.    e.  The director of the department for the blind.
27   Sec. 132.  Section 135.22B, subsections 1, 2, 6, and 7, Code
282023, are amended to read as follows:
   291.  Definitions.  For the purposes of this section:,
   30a.  “Brain injury services waiver” “brain injury services
31waiver”
means the state’s medical assistance home and
32community-based services waiver for persons with brain injury
33implemented under chapter 249A.
   34b.  “Program administrator” means the division of the
35department designated to administer the brain injury services
-85-1program in accordance with subsection 2.
   22.  Program created.
   3a.  A brain injury services program is created and shall be
4administered by a division of the Iowa department of public
5health
in cooperation with counties and the department of human
6services
.
   7b.  The division of the department assigned to administer the
8advisory council on brain injuries under section 135.22A shall
9be the program administrator.
The division department’s duties
10shall include but are not limited to serving as the fiscal
11agent and contract administrator for the program and providing
12program oversight.
   13c.  The division department shall consult with the advisory
14council on brain injuries, established pursuant to section
15135.22A, regarding the program and shall report to the council
16concerning the program at least quarterly. The council shall
17make recommendations to the department concerning the program’s
18operation.
   196.  Cost-share requirements.
   20a.  The cost-share component’s financial eligibility
21requirements shall be established in administrative rule. In
22establishing the requirements, the department shall consider
23the eligibility and cost-share requirements used for the hawk-i
24
 Hawki program under chapter 514I.
   25b.  An individual’s cost-share responsibility for services
26under the cost-share component shall be determined on a
27sliding scale based upon the individual’s family income. An
28individual’s cost-share shall be assessed as a copayment, which
29shall not exceed thirty percent of the cost payable for the
30service.
   31c.  The service provider shall bill the department for the
32portion of the cost payable for the service that is not covered
33by the individual’s copayment responsibility.
   347.  Application process.
   35a.  The application materials for services under the
-86-1cost-share component of the brain injury services program
2shall use the application form and other materials of the
3brain injury services waiver. In order to apply for the brain
4injury services program, the applicant must authorize the
5department of human services to provide the applicant’s waiver
6application materials to the brain injury services program.
7The application materials provided shall include but are not
8limited to the waiver application and any denial letter,
9financial assessment, and functional assessment regarding the
10person.
   11b.  If a functional assessment for the waiver has not
12been completed due to a person’s financial ineligibility for
13the waiver, the brain injury services program may provide
14for a functional assessment to determine the person’s needs
15by reimbursing the department of human services for the
16assessment.
   17c.  The program administrator department shall file copies
18of the individual’s application and needs assessment with the
19program resource facilitator assigned to the individual’s
20geographic area.
   21d.  The department’s program administrator department shall
22make a final determination as to whether program funding will
23be authorized under the cost-share component.
24   Sec. 133.  Section 135.24, subsection 2, unnumbered
25paragraph 1, Code 2023, is amended to read as follows:
   26The department, in consultation with the department of human
27services,
shall adopt rules to implement the volunteer health
28care provider program which shall include the following:
29   Sec. 134.  Section 135.24A, Code 2023, is amended to read as
30follows:
   31135.24A  Free clinics — volunteer record check.
   321.  For purposes of this section, “free clinic” means a free
33clinic as defined in section 135.24 that is also a network
34of free clinics in this state that offers operational and
35collaborative opportunities to free clinics.
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   12.  Persons who are potential volunteers or volunteers in
2a free clinic in a position having direct individual contact
3with patients of the free clinic shall be subject to criminal
4history and child and dependent adult abuse record checks in
5accordance with this section. The free clinic shall request
6that the department of public safety perform the criminal
7history check and the record check evaluation system of the
8 department of health and human services perform child and
9dependent adult abuse record checks of the person in this state
10and may request these checks in other states.
   113.  A free clinic subject to this section shall establish
12an evaluation process to determine whether a crime of founded
13child or dependent adult abuse warrants prohibition of the
14person’s participation as a volunteer in the free clinic.
15The evaluation process shall not be less stringent than
16the evaluation process performed by the department of human
17services
 record check evaluation system and shall be approved
18by the department of human services.
19   Sec. 135.  Section 135.25, Code 2023, is amended to read as
20follows:
   21135.25  Emergency medical services fund.
   22An emergency medical services fund is created in the state
23treasury under the control of the department. The fund
24includes, but is not limited to, amounts appropriated by the
25general assembly, amounts transferred pursuant to section
26602.8108, subsection 4, and other moneys available from
27federal or private sources which are to be used for purposes
28of this section. Funds remaining in the fund at the end of
29each fiscal year shall not revert to the general fund of the
30state but shall remain in the emergency medical services fund,
31notwithstanding section 8.33. The fund is established to
32assist counties by matching, on a dollar-for-dollar basis,
33moneys spent by a county for the acquisition of equipment for
34the provision of emergency medical services and by providing
35grants to counties for education and training in the delivery
-88-1of emergency medical services, as provided in this section and
2section 422D.6. A county seeking matching funds under this
3section shall apply to the emergency medical services division
4of the
department. The department shall adopt rules concerning
5the application and awarding process for the matching funds and
6the criteria for the allocation of moneys in the fund if the
7moneys are insufficient to meet the emergency medical services
8needs of the counties. Moneys allocated by the department to a
9county for emergency medical services purposes may be used for
10equipment or training and education as determined by the board
11of supervisors pursuant to section 422D.6.
12   Sec. 136.  Section 135.36, Code 2023, is amended to read as
13follows:
   14135.36  Interference with health department officer —
15penalties.
   16Any person resisting or interfering with the department, its
17employees, or authorized agents, in the discharge of any duty
18imposed by law shall be guilty of a simple misdemeanor.
19   Sec. 137.  Section 135.39, Code 2023, is amended to read as
20follows:
   21135.39  Federal aid.
   22The state department of public health is hereby authorized
23to
 may accept financial aid from the government of the United
24States for the purpose of assisting in carrying on public
25health or substance abuse use disorder responsibility in the
26state of Iowa.
27   Sec. 138.  Section 135.39B, subsection 3, Code 2023, is
28amended to read as follows:
   293.  The prohibition under this section shall not apply to
30early childhood immunizations for influenza or in times of
31emergency or epidemic as determined by the director of public
32health
. If an emergency or epidemic is determined to exist
33by the director of public health under this subsection, the
34director of public health shall notify the state board of
35
 council on health and human services, the governor, and the
-89-1legislative council, and shall notify the public upon request.
2   Sec. 139.  Section 135.39E, Code 2023, is amended to read as
3follows:
   4135.39E  Fluoridation in public water supply — notice of
5discontinuance.
   61.  At least ninety days prior to taking any action to
7permanently discontinue fluoridation in its water supply, an
8owner or operator of a public water supply system, as defined
9in section 455B.171, shall provide notice to the oral and
10health delivery systems bureau established in section 135.15
11department and the public water supply system’s customers.
   122.  In order to provide notice to its customers, the owner or
13operator of the public water supply system shall place a notice
14on each customer’s water bill or provide notice in a way that
15is reasonably calculated so that all customers will receive the
16notice.
   173.  Section 135.38 does not apply to violations of this
18section.
19   Sec. 140.  Section 135.43, Code 2023, is amended to read as
20follows:
   21135.43  Iowa child death review team established — duties.
   221.  An Iowa child death review team is established as part
23of the office of the state medical examiner
 in the department.
24The office of the state medical examiner department shall
25provide staffing and administrative support to the team.
   262.  The membership of the review team is subject to the
27provisions of sections 69.16 and 69.16A, relating to political
28affiliation and gender balance. Review team members who
29are not designated by another appointing authority shall be
30appointed by the state medical examiner director. Membership
31terms shall be for three years. A membership vacancy shall be
32filled in the same manner as the original appointment. The
33review team shall elect a chairperson and other officers as
34deemed necessary by the review team. The review team shall
35meet upon the call of the state medical examiner director or as
-90-1determined by the review team. The review team shall include
2the following:
   3a.  The state medical examiner or the state medical
4examiner’s designee.
   5b.  A certified or licensed professional who is knowledgeable
6concerning sudden infant death syndrome.
   7c.  A pediatrician who is knowledgeable concerning deaths of
8children.
   9d.  A family practice physician who is knowledgeable
10concerning deaths of children.
   11e.  One mental health professional who is knowledgeable
12concerning deaths of children.
   13f.  One social worker who is knowledgeable concerning deaths
14of children.
   15g.  A certified or licensed professional who is knowledgeable
16concerning domestic violence.
   17h.  A professional who is knowledgeable concerning substance
18abuse use disorder.
   19i.  A local law enforcement official.
   20j.  A county attorney.
   21k.  An emergency room nurse who is knowledgeable concerning
22the deaths of children.
   23l.  A perinatal expert.
   24m.  A representative of the health insurance industry.
   25n.  One other member who is appointed at large.
   263.  The review team shall perform the following duties:
   27a.  Collect, review, and analyze child death certificates and
28child death data, including patient records or other pertinent
29confidential information concerning the deaths of children
30under age eighteen, and other information as the review team
31deems appropriate for use in preparing an annual report to the
32governor and the general assembly concerning the causes and
33manner of child deaths. The report shall include analysis of
34factual information obtained through review and recommendations
35regarding prevention of child deaths.
-91-
   1b.  Recommend to the governor and the general assembly
2interventions to prevent deaths of children based on an
3analysis of the cause and manner of such deaths.
   4c.  Recommend to the agencies represented on the review team
5changes which may prevent child deaths.
   6d.  Except as authorized by this section, maintain the
7confidentiality of any patient records or other confidential
8information reviewed.
   9e.  Recommend to the department of human services,
10appropriate law enforcement agencies, and any other person
11involved with child protection, interventions that may prevent
12harm to a child who is related to or is living in the same home
13as a child whose case is reviewed by the team.
   14f.  If the sharing of information is necessary to assist in
15or initiate a child death investigation or criminal prosecution
16and the office or agency receiving the information does not
17otherwise have access to the information, share information
18possessed by the review team with the office of the attorney
19general, a county attorney’s office, or an appropriate
20law enforcement agency. The office or agency receiving
21the information shall maintain the confidentiality of the
22information in accordance with this section. Unauthorized
23release or disclosure of the information received is subject to
24penalty as provided in this section.
   25g.  In order to assist a division of the department in
26performing the division’s department’s duties, if the division
27
 department does not otherwise have access to the information,
28share information possessed by the review team. The division
29receiving
 recipient of the information shall maintain the
30confidentiality of the information in accordance with this
31section. Unauthorized release or disclosure of the information
32received is subject to penalty as provided in this section.
   334.  The review team department shall develop protocols for a
34child fatality review committee, to be appointed by the state
35medical examiner
 director on an ad hoc basis, to immediately
-92-1review the child abuse assessments which involve the fatality
2of a child under age eighteen. The state medical examiner
3
 director shall appoint a medical examiner, a pediatrician, and
4a person involved with law enforcement to the committee.
   5a.  The purpose of the review shall be to determine
6whether the department of human services and others involved
7with the case of child abuse responded appropriately. The
8protocols shall provide for the committee to consult with any
9multidisciplinary team, as defined in section 235A.13, that
10is operating in the area in which the fatality occurred. The
11protocols shall also ensure that a member of the child fatality
12review committee does not have a conflict of interest regarding
13the child fatality under review.

   14b.  The committee shall have access to patient records
15and other pertinent confidential information and, subject to
16the restrictions in this subsection, may redisseminate the
17confidential information in the committee’s report.
   18c.  Upon completion of the review, the committee shall issue
19a report which shall include findings concerning the case and
20recommendations for changes to prevent child fatalities when
21similar circumstances exist. The report shall include but
22is not limited to the following information, subject to the
23restrictions listed in paragraph “d”:
   24(1)  The dates, outcomes, and results of any actions taken by
25the department of human services and others in regard to each
26report and allegation of child abuse involving the child who
27died.
   28(2)  The results of any review of the case performed by a
29multidisciplinary team, or by any other public entity that
30reviewed the case.
   31(3)  Confirmation of receipt by the department of human
32services
of any report of child abuse involving the child,
33including confirmation as to whether or not any assessment
34involving the child was performed in accordance with section
35232.71B, the results of any assessment, a description of the
-93-1most recent assessment and the services offered to the family,
2the services rendered to the family, and the basis for the
3department’s decisions concerning the case.
   4d.  Prior to issuing the report, the committee shall consult
5with the county attorney responsible for prosecution of the
6alleged perpetrator of the child fatality. The committee’s
7report shall include child abuse information associated with
8the case and the child, but is subject to the restrictions
9applicable to the department of human services for release of
10information concerning a child fatality or near fatality in
11accordance with section 235A.15, subsection 9.
   12e.  Following the completion of the trial of any alleged
13perpetrator of the child fatality and the appeal period
14for the granting of a new trial, the committee shall issue
15a supplemental report containing the information that was
16withheld, in accordance with paragraph “d”, so as not to
17jeopardize the prosecution or the rights of the alleged
18perpetrator to a fair trial as described in section 235A.15,
19subsection 9, paragraphs “e” and “f”.
   20f.  The report and any supplemental report shall be submitted
21to the governor and general assembly.
   22g.  If deemed appropriate by the committee, at any point
23in the review the committee may recommend to the department
24of human services, appropriate law enforcement agencies, and
25any other person involved with child protection, interventions
26that may prevent harm to a child who is related to or is living
27in the same home as a child whose case is reviewed by the
28committee.
   295.  a.  The following individuals shall designate a liaison
30to assist the review team in fulfilling its responsibilities:
   31(1)  The director of public health and human services.
   32(2)  The director of human services.
   33(3)    (2)  The commissioner of public safety.
   34(4)    (3)  The attorney general.
   35(5)    (4)  The director of transportation.
-94-
   1(6)    (5)  The director of the department of education.
   2b.  In addition, the chairperson of the review team
3
 department shall designate a liaison from the public at large
4to assist the review team in fulfilling its responsibilities.
   56.  The review team may establish subcommittees to which the
6team may delegate some or all of the team’s responsibilities
7under subsection 3.
   87.  a.  The state medical examiner, the Iowa department
9of public health, and the
department of human services shall
10adopt rules providing for disclosure of information which is
11confidential under chapter 22 or any other provision of state
12law, to the review team for purposes of performing its child
13death and child abuse review responsibilities.
   14b.  A person in possession or control of medical,
15investigative, assessment, or other information pertaining to a
16child death and child abuse review shall allow the inspection
17and reproduction of the information by the office of the state
18medical examiner
 department upon the request of the office
19
 department, to be used only in the administration and for
20the duties of the Iowa child death review team. Except as
21provided for a report on a child fatality by an ad hoc child
22fatality review committee under subsection 4, information and
23records produced under this section which are confidential
24under section 22.7 and chapter 235A, and information or records
25received from the confidential records, remain confidential
26under this section. A person does not incur legal liability
27by reason of releasing information to the department or the
28office of the state medical examiner
as required under and in
29compliance with this section.
   308.  Review team members and their agents are immune from any
31liability, civil or criminal, which might otherwise be incurred
32or imposed as a result of any act, omission, proceeding,
33decision, or determination undertaken or performed, or
34recommendation made as a review team member or agent provided
35that the review team members or agents acted in good faith
-95-1and without malice in carrying out their official duties in
2their official capacity. The state medical examiner department
3 shall adopt rules pursuant to chapter 17A to administer
4this subsection. A complainant bears the burden of proof in
5establishing malice or lack of good faith in an action brought
6against review team members involving the performance of their
7duties and powers under this section.
   89.  A person who releases or discloses confidential data,
9records, or any other type of information in violation of this
10section is guilty of a serious misdemeanor.
11   Sec. 141.  Section 135.61, subsection 12, Code 2023, is
12amended to read as follows:
   1312.  “Health services” means clinically related diagnostic,
14curative, or rehabilitative services, and includes alcoholism,
15drug abuse,
 substance use disorder and mental health services.
16   Sec. 142.  Section 135.100, subsection 1, Code 2023, is
17amended to read as follows:
   181.  “Department” means the Iowa department of public health
 19and human services.
20   Sec. 143.  Section 135.101, Code 2023, is amended to read as
21follows:
   22135.101  Childhood lead poisoning prevention program.
   23There is established a childhood lead poisoning prevention
24program within the Iowa department of public health. The
25department shall implement and review programs necessary to
26eliminate potentially dangerous toxic lead levels in children
27in Iowa in a year for which funds are appropriated to the
28department for this purpose.
29   Sec. 144.  Section 135.106, subsection 1, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
   31The Iowa department of public health shall establish a
32healthy opportunities for parents to experience success (HOPES)
33– healthy families Iowa (HFI) program to provide services to
34families and children during the prenatal through preschool
35years. The program shall be designed to do all of the
-96-1following:
2   Sec. 145.  Section 135.106, subsection 2, unnumbered
3paragraph 1, Code 2023, is amended to read as follows:
   4The HOPES-HFI program shall be developed by the Iowa
5 department of public health, and may be implemented, in
6whole or in part, by contracting with a nonprofit child
7abuse prevention organization, local nonprofit certified home
8health program or other local nonprofit organizations, and
9shall include, but is not limited to, all of the following
10components:
11   Sec. 146.  Section 135.106, subsection 3, Code 2023, is
12amended to read as follows:
   133.  It is the intent of the general assembly to provide
14communities with the discretion and authority to redesign
15existing local programs and services targeted at and assisting
16families expecting babies and families with children who
17are newborn through five years of age. The Iowa department
18of public health, department of human services, department
19of education, and other state agencies and programs, as
20appropriate, shall provide technical assistance and support
21to communities desiring to redesign their local programs and
22shall facilitate the consolidation of existing state funding
23appropriated and made available to the community for family
24support services. Funds which are consolidated in accordance
25with this subsection shall be used to support the redesigned
26service delivery system. In redesigning services, communities
27are encouraged to implement a single uniform family risk
28assessment mechanism and shall demonstrate the potential for
29improved outcomes for children and families. Requests by
30local communities for the redesigning of services shall be
31submitted to the Iowa department of public health, department
32of human services,
and the department of education, and are
33subject to the approval of the early childhood Iowa state board
34in consultation with the departments, based on the practices
35utilized with early childhood Iowa areas under chapter 256I.
-97-
1   Sec. 147.  Section 135.107, Code 2023, is amended to read as
2follows:
   3135.107  Center for rural Rural health and primary care
4established — duties.
   51.