Senate File 514 - EnrolledAn Actrelating to the organization, structure, and
functions of state government, providing for salaries of
appointed state officers, providing for penalties, making
appropriations, providing Code editor directives and
transition provisions, and including applicability and
effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
DEPARTMENT OF HEALTH AND HUMAN SERVICES
   Section 1.  Section 2.56, subsection 5, Code 2023, is amended
to read as follows:
   5.  The legislative services agency, in cooperation with
the division of department of health and human services as the
agency responsible for
criminal and juvenile justice planning
of the department of human rights, shall develop a protocol for
analyzing the impact of the legislation on minorities.
   Sec. 2.  Section 7A.3, subsection 1, paragraph c, Code 2023,
is amended to read as follows:
   c.  Director of the department of health and human services.
   Sec. 3.  Section 7A.30, subsection 1, Code 2023, is amended
to read as follows:
   1.  Each state board, commission, department, and division
of state government and each institution under the control
of the department of health and human services, the Iowa
department of corrections and the state board of regents
and each division of the state department of transportation
are responsible for keeping a written, detailed, up-to-date
inventory of all real and personal property belonging to the
state and under their charge, control, and management. The
inventories shall be in the form prescribed by the director of
the department of administrative services.
   Sec. 4.  Section 7D.29, subsection 3, Code 2023, is amended
to read as follows:
   3.  The executive council shall receive requests from the
Iowa department of public health and human services relative
to the purchase, storing, and distribution of vaccines and
medication for prevention, prophylaxis, or treatment. Upon
review and after compliance with subsection 2, the executive
council may approve the request and may authorize payment
of the necessary expense. The expense authorized by the
executive council under this subsection shall be paid from the
appropriations referred to in subsection 1.
-1-
   Sec. 5.  Section 7E.5, subsection 1, paragraphs i, j, k, and
s, Code 2023, are amended to read as follows:
   i.  The department of health and human services, created in
section 217.1,
which has primary responsibility for services
to individuals to promote the well-being and the social and
economic development of the people of the state;.
   j.  The Iowa department of public health, created in chapter
135, which has primary responsibility
for supervision of public
health programs, promotion of public hygiene and sanitation,
treatment and prevention of substance abuse use disorder, and
enforcement of related laws;.
   k.  The department on aging, created in section 231.21,
which has primary responsibility
for leadership and program
management for programs which serve the older individuals of
the state; and for services relating to Latino persons, women,
persons with disabilities, community action agencies, criminal
and juvenile justice planning, African Americans, deaf and
hard-of-hearing persons, persons of Asian and Pacific Islander
heritage, and Native Americans
.
   s.  The department of human rights, created in section
216A.1, which has primary responsibility for services relating
to Latino persons, women, persons with disabilities, community
action agencies, criminal and juvenile justice planning,
African Americans, deaf and hard-of-hearing persons, persons of
Asian and Pacific Islander heritage, and Native Americans.
   Sec. 6.  Section 8.39, subsection 2, Code 2023, is amended
to read as follows:
   2.  If the appropriation of a department, institution, or
agency is insufficient to properly meet the legitimate expenses
of the department, institution, or agency, the director, with
the approval of the governor, may make an interdepartmental
transfer from any other department, institution, or agency of
the state having an appropriation in excess of its needs, of
sufficient funds to meet that deficiency. Such transfer shall
be to an appropriation made from the same funding source and
-2-within the same fiscal year. The amount of a transfer made
from an appropriation under this subsection shall be limited
to not more than one-tenth of one percent of the total of all
appropriations made from the funding source of the transferred
appropriation for the fiscal year in which the transfer is
made. An interdepartmental transfer to an appropriation which
is not an entitlement appropriation is not authorized when
the general assembly is in regular session and, in addition,
the sum of interdepartmental transfers in a fiscal year to an
appropriation which is not an entitlement appropriation shall
not exceed fifty percent of the amount of the appropriation
as enacted by the general assembly. For the purposes of
this subsection, an entitlement appropriation is a line item
appropriation to the state public defender for indigent defense
or to the department of health and human services for foster
care, state supplementary assistance, or medical assistance, or
for the family investment program.
   Sec. 7.  Section 8A.321, subsection 4, Code 2023, is amended
to read as follows:
   4.  Contract, with the approval of the executive council,
for the repair, remodeling, or, if the condition warrants,
demolition of all buildings and grounds of the state at the
seat of government, at the state laboratories facility in
Ankeny, and the institutions of the department of health and
human services and the department of corrections for which no
specific appropriation has been made, if the cost of repair,
remodeling, or demolition will not exceed one hundred thousand
dollars when completed. The cost of repair projects for which
no specific appropriation has been made shall be paid as an
expense authorized by the executive council as provided in
section 7D.29.
   Sec. 8.  Section 8A.362, subsection 8, Code 2023, is amended
to read as follows:
   8.  All fuel used in state-assigned automobiles shall be
purchased at cost from the various installations or garages
-3-of the state department of transportation, state board of
regents, department of health and human services, or state
motor pools throughout the state, unless the state-owned
sources for the purchase of fuel are not reasonably accessible.
If the director determines that state-owned sources for the
purchase of fuel are not reasonably accessible, the director
shall authorize the purchase of fuel from other sources. The
director may prescribe a manner, other than the use of the
revolving fund, in which the purchase of fuel from state-owned
sources is charged to the state agency responsible for the
use of the motor vehicle. The director shall prescribe the
manner in which oil and other normal motor vehicle maintenance
for state-owned motor vehicles may be purchased from private
sources, if they cannot be reasonably obtained from a state
motor pool. The director may advertise for bids and award
contracts in accordance with competitive bidding procedures
for items and services as provided in this subchapter for
furnishing fuel, oil, grease, and vehicle replacement parts for
all state-owned motor vehicles. The director and other state
agencies, when advertising for bids for gasoline, shall also
seek bids for ethanol blended gasoline.
   Sec. 9.  Section 8A.504, subsection 1, paragraph d,
subparagraph (1), Code 2023, is amended to read as follows:
   (1)  Any debt, which is assigned to the department of health
and
human services, or which is owed to the department of
 health and human services for unpaid premiums under section
249A.3, subsection 2, paragraph “a”, subparagraph (1), or
which the child support recovery unit services is otherwise
attempting to collect, or which the foster care recovery unit
 services of the department of health and human services is
attempting to collect on behalf of a child receiving foster
care provided by the department of health and human services.
   Sec. 10.  Section 8A.504, subsection 2, unnumbered paragraph
1, Code 2023, is amended to read as follows:
   The collection entity shall establish and maintain a
-4-procedure to set off against any claim owed to a person by a
public agency any liability of that person owed to a public
agency, a support debt being enforced by the child support
recovery unit services pursuant to chapter 252B, or such other
qualifying debt. The procedure shall only apply when at the
discretion of the director it is feasible. The procedure shall
meet the following conditions:
   Sec. 11.  Section 8A.512, subsection 1, paragraph b,
subparagraph (2), Code 2023, is amended to read as follows:
   (2)  Claims for medical assistance payments authorized under
chapter 249A are subject to the time limits imposed by rule
adopted by the department of health and human services.
   Sec. 12.  Section 10A.108, Code 2023, is amended to read as
follows:
   10A.108  Improper health and human services entitlement
benefits or provider payments — debt, lien, collection.
   1.  a.  If a person refuses or neglects to repay benefits or
provider payments inappropriately obtained from the department
of health and human services, the amount inappropriately
obtained, including any interest, penalty, or costs attached
to the amount, constitutes a debt and is a lien in favor of the
state upon all property and any rights or title to or interest
in property, whether real or personal, belonging to the person
for the period established in subsection 2, with the exception
of property which is exempt from execution pursuant to chapter
627.
   b.  A lien under this section shall not attach to any amount
of inappropriately obtained benefits or provider payments, or
portions of the benefits or provider payments, attributable to
errors by the department of health and human services. Liens
shall only attach to the amounts of inappropriately obtained
benefits or provider payments or portions of the benefits or
provider payments which were obtained due to false, misleading,
incomplete, or inaccurate information submitted by a person in
connection with the application for or receipt of benefits or
-5-provider payments.
   2.  a.  The lien attaches at the time the notice of the
lien is filed under subsection 3, and continues for ten years
from that date, unless released or otherwise discharged at an
earlier time.
   b.  The lien may be extended, within ten years from the
date of attachment, if a person files a notice with the county
recorder or other appropriate county official of the county
in which the property is located at the time of filing the
extension. From the time of the filing of the notice, the lien
period shall be extended for ten years to apply to the property
in the county in which the notice is filed, unless released
or otherwise discharged at an earlier time. The number of
extensions is not limited.
   c.  The director department shall discharge any lien which is
allowed to lapse and may charge off any account and release the
corresponding lien before the lien has lapsed if the director
 department determines, under uniform rules prescribed by the
director, that the account is uncollectible or collection costs
involved would not warrant collection of the amount due.
   3.  To preserve the lien against subsequent mortgagees,
purchasers, or judgment creditors, for value and without notice
of the lien, on any property located in a county, the director
shall file a notice of the lien with the recorder of the county
in which the property is located at the time of filing of the
notice.
   4.  The county recorder of each county shall prepare
and maintain in the recorder’s office an index of liens of
debts established based upon benefits or provider payments
inappropriately obtained from and owed the department of health
and
human services, containing the applicable entries specified
in sections 558.49 and 558.52, and providing appropriate
columns for all of the following data, under the names of
debtors, arranged alphabetically:
   a.  The name of the debtor.
-6-
   b.  “State of Iowa, Department of Health and Human Services”
as claimant.
   c.  The time that the notice of the lien was filed for
recording.
   d.  The date of notice.
   e.  The amount of the lien currently due.
   f.  The date of the assessment.
   g.  The date of satisfaction of the debt.
   h.  Any extension of the time period for application of the
lien and the date that the notice for extension was filed.
   5.  The recorder shall endorse on each notice of lien the day
and time filed for recording and the document reference number,
and shall preserve the notice. The recorder shall index the
notice and shall record the lien in the manner provided for
recording real estate mortgages. The lien is effective from
the time of the indexing.
   6.  The department shall pay, from moneys appropriated to
the department for this purpose, recording fees as provided in
section 331.604, for the recording of the lien.
   7.  Upon payment of a debt for which the director department
has filed notice with a county recorder, the director
 department shall provide to the debtor a satisfaction of
the debt. The debtor shall be responsible for filing the
satisfaction of the debt with the recorder and the recorder
shall enter the satisfaction on the notice on file in the
recorder’s office.
   8.  The department of inspections, and appeals, and
licensing
, as provided in this chapter and chapter 626, shall
proceed to collect all debts owed the department of health and
human services as soon as practicable after the debt becomes
delinquent. If service has not been made on a distress warrant
by the officer to whom addressed within five days from the
date the distress warrant was received by the officer, the
authorized investigators of the department of inspections, and
appeals, and licensing may serve and make return of the warrant
-7-to the clerk of the district court of the county named in the
distress warrant, and all subsequent procedures shall be in
compliance with chapter 626.
   9.  The distress warrant shall be in a form as prescribed
by the director, shall be directed to the sheriff of the
appropriate county, and shall identify the debtor, the type
of debt, and the delinquent amount. The distress warrant
shall direct the sheriff to distrain, seize, garnish, or levy
upon, and sell, as provided by law, any real or personal
property belonging to the debtor to satisfy the amount of the
delinquency plus costs. The distress warrant shall also direct
the sheriff to make due and prompt return to the department
or to the district court under chapter 626 of all amounts
collected.
   10.  The attorney general, upon the request of the director
of inspections, and appeals, and licensing, shall bring an
action, as the facts may justify, without bond, to enforce
payment of any debts under this section, and in the action
the attorney general shall have the assistance of the county
attorney of the county in which the action is pending.
   11.  The remedies of the state shall be cumulative and no
action taken by the director of inspections, and appeals, and
licensing
or attorney general shall be construed to be an
election on the part of the state or any of its officers to
pursue any remedy to the exclusion of any other remedy provided
by law.
   Sec. 13.  Section 10A.402, subsections 4 and 5, Code 2023,
are amended to read as follows:
   4.  Investigations and collections relative to the
liquidation of overpayment debts owed to the department of
 health and human services. Collection methods include but are
not limited to small claims filings, debt setoff, distress
warrants, and repayment agreements, and are subject to approval
by the department of health and human services.
   5.  Investigations relative to the administration of the
-8-state supplementary assistance program, the state medical
assistance program, the food stamp supplemental nutrition
assistance
program, the family investment program, and any
other state or federal benefit assistance program.
   Sec. 14.  Section 11.5B, Code 2023, is amended to read as
follows:
   11.5B  Repayment of audit expenses by state departments and
agencies.
   The auditor of state shall be reimbursed by a department
or agency for performing audits or examinations of the
following state departments or agencies, or funds received by
a department or agency:
   1.  Department of commerce.
   2.  Department of health and human services.
   3.  State department of transportation.
   4.  Iowa department of public health.
   5.    4.  State board of regents.
   6.    5.  Department of agriculture and land stewardship.
   7.    6.  Iowa veterans home.
   8.    7.  Department of education.
   9.    8.  Department of workforce development.
   10.    9.  Department of natural resources.
   11.    10.  Offices of the clerks of the district court of the
judicial branch.
   12.    11.  The Iowa public employees’ retirement system.
   13.    12.  Federal financial assistance, as defined in the
federal Single Audit Act, 31 U.S.C. §7501, et seq., received by
all other departments.
   14.    13.  Department of administrative services.
   15.    14.  Office of the chief information officer of the
department of management.
   Sec. 15.  Section 11.6, subsection 1, paragraph b, Code 2023,
is amended to read as follows:
   b.  The financial condition and transactions of community
mental health centers organized under chapter 230A, substance
-9-abuse use disorder programs organized under chapter 125, and
community action agencies organized under chapter 216A, shall
be audited at least once each year.
   Sec. 16.  Section 12.10, Code 2023, is amended to read as
follows:
   12.10  Deposits by state officers.
   Except as otherwise provided, all elective and appointive
state officers, boards, commissions, and departments shall,
within ten days succeeding the collection, deposit with the
treasurer of state, or to the credit of the treasurer of state
in any depository designated by the treasurer of state, ninety
percent of all fees, commissions, and moneys collected or
received. The balance actually collected in cash, remaining
in the hands of any officer, board, or department shall not
exceed the sum of five thousand dollars and money collected
shall not be held more than thirty days. This section does not
apply to the state fair board, the state board of regents, the
utilities board of the department of commerce, the director of
the department of health and human services, the Iowa finance
authority, or to the funds received by the state racing and
gaming commission under sections 99D.7 and 99D.14.
   Sec. 17.  Section 12E.3A, subsection 1, Code 2023, is amended
to read as follows:
   1.  The general assembly reaffirms and reenacts the purposes
stated for the use of moneys deposited in the healthy Iowans
tobacco trust, as the purposes were enacted in 2000 Iowa Acts,
ch.1232, §12, and codified in section 12.65, Code 2007, as
the purposes for the endowment for Iowa’s health account.
The purposes include those purposes related to health care,
substance abuse use disorder treatment and enforcement, tobacco
use prevention and control, and other purposes related to the
needs of children, adults, and families in the state.
   Sec. 18.  Section 15.102, subsection 12, paragraph b,
subparagraph (1), subparagraph division (d), Code 2023, is
amended to read as follows:
-10-   (d)  Psychoactive substance abuse use disorders resulting
from current illegal use of drugs.
   Sec. 19.  Section 15H.1A, Code 2023, is amended to read as
follows:
   15H.1A  Definitions.
   For purposes of this chapter, unless the context otherwise
requires:
   1.  “Authority” means the economic development authority
created in section 15.105.
   2.    1.  “Commission” means the Iowa commission on volunteer
service created in section 15H.2.
   2.  “Department” means the department of health and human
services.
   3.  “Director” means the director of the authority health and
human services
.
   Sec. 20.  Section 15H.2, subsection 1, Code 2023, is amended
to read as follows:
   1.  The Iowa commission on volunteer service is created
within the authority department. The governor shall appoint
the commission’s members. The director may employ personnel
as necessary to carry out the duties and responsibilities of
the commission.
   Sec. 21.  Section 15H.2, subsection 3, paragraph i, Code
2023, is amended to read as follows:
   i.  Administer the retired and senior volunteer program.
   Sec. 22.  Section 15H.4, subsection 1, Code 2023, is amended
to read as follows:
   1.  The authority department shall serve as the lead agency
for administration of the commission. The authority department
may consult with the department of education, the state board
of regents, and the department of workforce development for any
additional administrative support as necessary to fulfill the
duties of the commission. All other state agencies, at the
request of the authority department, shall provide assistance
to the commission to ensure a fully coordinated state effort
-11-for promoting national and community service.
   Sec. 23.  Section 15H.5, subsection 5, paragraph a, Code
2023, is amended to read as follows:
   a.  Funding for the Iowa summer youth corps program, the
Iowa green corps program established pursuant to section
15H.6, the Iowa reading corps program established pursuant to
section 15H.7, the RefugeeRISE AmeriCorps program established
pursuant to section 15H.8, and the Iowa national service
corps program established pursuant to section 15H.9 shall be
obtained from private sector, and local, state, and federal
government sources, or from other available funds credited
to the community programs account, which shall be created
within the economic development authority department under the
authority of the commission. Moneys available in the account
for a fiscal year are appropriated to the commission to be
used for the programs. The commission may establish an escrow
account within the authority department and obligate moneys
within that escrow account for tuition or program payments to
be made beyond the term of any fiscal year. Notwithstanding
section 12C.7, subsection 2, interest earned on moneys in the
community programs account shall be credited to the account.
Notwithstanding section 8.33, moneys in the community programs
account or escrow account shall not revert to the general fund
but shall remain available for expenditure in future fiscal
years.
   Sec. 24.  Section 15H.8, Code 2023, is amended to read as
follows:
   15H.8  RefugeeRISE AmeriCorps program.
   1.  a.  The commission, in collaboration with the department
of human services, shall establish a Refugee Rebuild,
Integrate, Serve, Empower (RefugeeRISE) AmeriCorps program
to increase community integration and engagement for diverse
refugee communities in rural and urban areas across the state.
   b.  The commission, in collaboration with the department
of human services, may adopt rules pursuant to chapter 17A to
-12-implement and administer this section.
   2.  The commission may use moneys in and lawfully available
to the community programs account created in section 15H.5 to
fund the program.
   3.  The commission shall submit an annual report to the
general assembly and the department of human services relating
to the efficacy of the program.
   Sec. 25.  Section 15H.10, subsection 6, Code 2023, is amended
to read as follows:
   6.  Notwithstanding section 8.33, moneys appropriated to
the economic development authority department for allocation
to the commission for purposes of this section that remain
unencumbered or unobligated at the close of a fiscal year
shall not revert but shall remain available to be used for the
purposes designated in this section until the close of the
succeeding fiscal year.
   Sec. 26.  Section 16.2D, subsection 1, Code 2023, is amended
to read as follows:
   1.  A council on homelessness is created consisting of twenty
members, eleven of whom are voting members and nine of whom are
nonvoting members
. At all times, at least one voting member
shall be a member of a minority group.
   Sec. 27.  Section 16.2D, subsection 2, paragraph b, Code
2023, is amended to read as follows:
   b.  Nine nonvoting Nonvoting agency director members
consisting of all of the following:
   (1)  The director of the department of education or the
director’s designee.
   (2)  The director of health and human services or the
director’s designee.
   (3)  The attorney general or the attorney general’s
designee.
   (4)  The director of public health or the director’s
designee.
   (5)  The director of the department on aging or the
-13-director’s designee.
   (6)    (4)  The director of the department of corrections or
the director’s designee.
   (7)    (5)  The director of the department of workforce
development or the director’s designee.
   (8)    (6)  The executive director of the Iowa finance
authority or the executive director’s designee.
   (9)    (7)  The director of the department of veterans affairs
or the director’s designee.
   Sec. 28.  Section 16.3, subsection 9, Code 2023, is amended
to read as follows:
   9.  The interest costs paid by group homes of fifteen beds or
less licensed as health care facilities or child foster care
facilities for facility acquisition and indirectly reimbursed
by the department of health and human services through payments
for patients at those facilities who are recipients of medical
assistance or state supplementary assistance are severe drains
on the state’s budget. A reduction in these costs obtained
through financing with tax-exempt revenue bonds would clearly
be in the public interest.
   Sec. 29.  Section 16.47, subsection 3, Code 2023, is amended
to read as follows:
   3.  The authority, in cooperation with the department on
aging
 of health and human services, shall annually allocate
moneys available in the home and community-based services
revolving loan program fund to develop and expand facilities
and infrastructure that provide adult day services, respite
services, congregate meals, and programming space for health
and wellness, health screening, and nutritional assessments
that address the needs of persons with low incomes.
   Sec. 30.  Section 16.48, subsections 1 and 3, Code 2023, are
amended to read as follows:
   1.  A transitional housing revolving loan program fund is
created within the authority to further the availability of
affordable housing for parents that are reuniting with their
-14-children while completing or participating in substance abuse
 use disorder treatment. The moneys in the fund are annually
appropriated to the authority to be used for the development
and operation of a revolving loan program to provide financing
to construct affordable transitional housing, including through
new construction or acquisition and rehabilitation of existing
housing. The housing provided shall be geographically located
in close proximity to licensed substance abuse use disorder
treatment programs. Preference in funding shall be given to
projects that reunite mothers with the mothers’ children.
   3.  The authority shall annually allocate moneys available
in the transitional housing revolving loan program fund for the
development of affordable transitional housing for parents that
are reuniting with the parents’ children while completing or
participating in substance abuse use disorder treatment. The
authority shall develop a joint application process for the
allocation of federal low-income housing tax credits and the
funds available under this section. Moneys allocated to such
projects may be in the form of loans, grants, or a combination
of loans and grants.
   Sec. 31.  Section 16.49, subsection 4, Code 2023, is amended
to read as follows:
   4.  a.  A project shall demonstrate written approval of the
project by the department of health and human services to the
authority prior to application for funding under this section.
   b.  In order to be approved by the department of health and
human services for application for funding for development of
permanent supportive housing under this section, a project
shall include all of the following components:
   (1)  Provision of services to any of the following Medicaid
waiver-eligible individuals:
   (a)  Individuals who are currently underserved in community
placements, including individuals who are physically aggressive
or have behaviors that are difficult to manage or individuals
who meet the psychiatric medical institution for children level
-15-of care.
   (b)  Individuals who are currently residing in out-of-state
facilities.
   (c)  Individuals who are currently receiving care in a
licensed health care facility.
   (2)  A plan to provide each individual with crisis
stabilization services to ensure that the individual’s
behavioral issues are appropriately addressed by the provider.
   (3)  Policies and procedures that prohibit discharge of the
individual from the waiver services provided by the project
provider unless an alternative placement that is acceptable to
the client or the client’s guardian is identified.
   c.  In order to be approved by the department of health and
human services for application for funding for development of
infrastructure in which to provide supportive services under
this section, a project shall include all of the following
components:
   (1)  Provision of services to Medicaid waiver-eligible
individuals who meet the psychiatric medical institution for
children level of care.
   (2)  Policies and procedures that prohibit discharge of the
individual from the waiver services provided by the project
provider unless an alternative placement that is acceptable to
the client or the client’s guardian is identified.
   d.  Housing provided through a project under this section is
exempt from the requirements of chapter 135O.
   Sec. 32.  Section 22.7, subsections 2, 16, 35, 61, and 62,
Code 2023, are amended to read as follows:
   2.  Hospital records, medical records, and professional
counselor records of the condition, diagnosis, care, or
treatment of a patient or former patient or a counselee or
former counselee, including outpatient. However, confidential
communications between a crime victim and the victim’s
counselor are not subject to disclosure except as provided in
section 915.20A. However, the Iowa department of public health
-16- and human services shall adopt rules which provide for the
sharing of information among agencies and providers concerning
the maternal and child health program including but not limited
to the statewide child immunization information system, while
maintaining an individual’s confidentiality.
   16.  Information in a report to the Iowa department of public
health and human services, to a local board of health, or to
a local health department, which identifies a person infected
with a reportable disease.
   35.  Records of the Iowa department of public health and
human services
pertaining to participants in the gambling
treatment program except as otherwise provided in this chapter.
   61.  Records of the department on aging of health and human
services
pertaining to clients served by the state office or a
local office of public guardian as defined in section 231E.3.
   62.  Records maintained by the department on aging of health
and human services
or office of long-term care ombudsman that
disclose the identity of a complainant, resident, tenant, or
individual receiving services provided by the department on
aging
 of health and human services, an area agency on aging,
or the office of long-term care ombudsman, unless disclosure
is otherwise allowed under section 231.42, subsection 12,
paragraph “a”.
   Sec. 33.  Section 23A.2, subsection 10, paragraph l,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
   The offering of goods and services to the public as part
of a client training program operated by a state resource
center under the control of the department of health and human
services provided that all of the following conditions are met:
   Sec. 34.  Section 23A.2, subsection 10, paragraph l,
subparagraph (1), Code 2023, is amended to read as follows:
   (1)  Any off-campus vocational or employment training
program developed or operated by the department of health and
human services for clients of a state resource center is a
-17-supported vocational training program or a supported employment
program offered by a community-based provider of services or
other employer in the community.
   Sec. 35.  Section 28M.1, subsection 7, Code 2023, is amended
to read as follows:
   7.  “Transportation” means the movement of individuals in
a four or more wheeled motorized vehicle designed to carry
passengers, including a car, van, or bus, or the carrying
of individuals upon cars operated upon stationary rails,
between one geographic point and another geographic point.
“Transportation” does not include emergency or incidental
transportation or transportation conducted by the department of
 health and human services at its institutions.
   Sec. 36.  Section 35A.5, subsection 5, paragraph a, Code
2023, is amended to read as follows:
   a.  Coordinate with United States department of veterans
affairs hospitals, health care facilities, and clinics in this
state and the department of public health and human services
to provide assistance to veterans and their families to reduce
the incidence of alcohol and chemical dependency and suicide
among veterans and to make mental health counseling available
to veterans.
   Sec. 37.  Section 35D.14A, Code 2023, is amended to read as
follows:
   35D.14A  Volunteer record checks.
   1.  Persons who are potential volunteers or volunteers in
the Iowa veterans home in a position having direct individual
contact with patients or residents of the home shall be subject
to criminal history and child and dependent adult abuse record
checks in accordance with this section. The Iowa veterans home
shall request that the department of public safety perform the
criminal history check and the record check evaluation system
of the
department of health and human services perform child
and dependent adult abuse record checks of the person in this
state and may request these checks in other states.
-18-
   2.  a.  If it is determined that a person has been convicted
of a crime under a law of any state or has a record of
founded child or dependent adult abuse, the person shall not
participate as a volunteer with direct individual contact
with patients or residents of the Iowa veterans home unless
an evaluation has been performed by the department of human
services
 record check evaluation system to determine whether
the crime or founded child or dependent adult abuse warrants
prohibition of the person’s participation as a volunteer in the
Iowa veterans home. The department of human services record
check evaluation system
shall perform such evaluation upon the
request of the Iowa veterans home.
   b.  In an evaluation, the department of human services
 record check evaluation system shall consider the nature and
seriousness of the crime or founded child or dependent adult
abuse in relation to the position sought or held, the time
elapsed since the commission of the crime or founded child or
dependent adult abuse, the circumstances under which the crime
or founded child or dependent adult abuse was committed, the
degree of rehabilitation, the likelihood that the person will
commit the crime or founded child or dependent adult abuse
again, and the number of crimes or founded child or dependent
adult abuses committed by the person involved.
   c.  If the department of human services record check
evaluation system
performs an evaluation for the purposes of
this section, the department of human services record check
evaluation system
has final authority in determining whether
prohibition of the person’s participation as a volunteer is
warranted. The department of human services record check
evaluation system
may permit a person who is evaluated to
participate as a volunteer if the person complies with the
department’s record check evaluation system’s conditions
relating to participation as a volunteer which may include
completion of additional training.
   Sec. 38.  Section 47.7, subsection 2, paragraph a, Code 2023,
-19-is amended to read as follows:
   a.  On or before January 1, 2006, the state registrar of
voters shall implement in a uniform and nondiscriminatory
manner, a single, uniform, official, centralized, interactive
computerized statewide voter registration file defined,
maintained, and administered at the state level that contains
the name and registration information of every legally
registered voter in the state and assigns a unique identifier
to each legally registered voter in the state. The state voter
registration system shall be coordinated with other agency
databases within the state, including, but not limited to,
state department of transportation driver’s license records,
judicial records of convicted felons and persons declared
incompetent to vote, and Iowa department of public health and
human services
records of deceased persons.
   Sec. 39.  Section 48A.19, subsection 1, Code 2023, is amended
to read as follows:
   1.  The following state agencies are responsible for voter
registration:
   a.  All state offices that have direct client contact and
provide applications for public assistance, including but not
limited to offices administering the following programs:
   (1)  Food stamps The supplemental nutrition assistance
program
.
   (2)  Medical The medical assistance program under chapter
249A.
   (3)  Iowa The Iowa family investment program.
   (4)  Special The special supplemental nutrition program for
women, infants, and children.
   b.  (1)  All offices that provide state-funded programs
primarily engaged in providing services to persons with
disabilities, including but not limited to all of the
following:
   (a)  Department for the blind.
   (b)  Division of vocational rehabilitation services of the
-20-department of education workforce development.
   (c)  Office of deaf services of the department of health and
human rights services or its successor agency.
   (d)  Office of persons with disabilities of the department of
 health and human rights services or its successor agency.
   (2)  An agency designated a voter registration agency
under this paragraph which provides services to persons with
disabilities in their homes shall provide voter registration
services at the clients’ homes.
   c.  Other federal and state agencies designated to provide
voter registration services include, but are not limited to,
the United States armed forces recruiting offices.
   Sec. 40.  Section 48A.31, Code 2023, is amended to read as
follows:
   48A.31  Deceased persons record.
   The state registrar of vital statistics shall transmit
or cause to be transmitted to the state registrar of voters,
once each calendar quarter, a certified list of all persons
seventeen years of age and older in the state whose deaths have
been reported to the bureau state registrar of vital records
of the Iowa department of public health
 statistics since the
previous list of decedents was certified to the state registrar
of voters. The list shall be submitted according to the
specifications of the state registrar of voters and shall be
transmitted to the state registrar of voters without charge
for production or transmission. The commissioner shall, in
the month following the end of a calendar quarter, run the
statewide voter registration system’s matching program to
determine whether a listed decedent was registered to vote in
the county and shall immediately cancel the registration of any
person named on the list of decedents.
   Sec. 41.  Section 68B.2, subsection 23, Code 2023, is amended
to read as follows:
   23.  “Regulatory agency” means the department of agriculture
and land stewardship, department of workforce development,
-21-department of commerce, Iowa department of public health,
department of public safety, department of education, state
board of regents, department of health and human services,
department of revenue, department of inspections and appeals,
department of administrative services, public employment
relations board, state department of transportation, civil
rights commission, department of public defense, department of
homeland security and emergency management, Iowa ethics and
campaign disclosure board, and department of natural resources.
   Sec. 42.  Section 80.9B, subsections 3 and 7, Code 2023, are
amended to read as follows:
   3.  The provisions of chapter 141A also do not apply to
the transmission of the same information from either or
both information systems to employees of state correctional
institutions subject to the jurisdiction of the department
of corrections, employees of secure facilities for juveniles
subject to the jurisdiction of the department of health and
human services, and employees of city and county jails, if
those employees have direct physical supervision over inmates
of those facilities or institutions.
   7.  The commissioner shall develop and establish, in
cooperation with the department of corrections and the
department of public health and human services, training
programs and program criteria for persons receiving human
immunodeficiency virus-related information through the Iowa
criminal justice information system or the national crime
information center system.
   Sec. 43.  Section 80.28, subsection 2, paragraph a,
subparagraph (6), Code 2023, is amended to read as follows:
   (6)  One member representing the Iowa department of public
health and human services.
   Sec. 44.  Section 80B.11C, Code 2023, is amended to read as
follows:
   80B.11C  Public safety telecommunicator training standards.
   The director of the academy, subject to the approval of
-22-the council, in consultation with the Iowa state sheriffs’
and deputies’ association, the Iowa police executive forum,
the Iowa peace officers association, the Iowa state police
association, the Iowa professional fire fighters, the Iowa
emergency medical services association, the joint council of
Iowa fire service organizations, the Iowa department of public
safety, the Iowa chapter of the association of public-safety
communications officials—international, inc., the Iowa chapter
of the national emergency number association, the department
of homeland security and emergency management, and the Iowa
department of public health and human services, shall adopt
rules pursuant to chapter 17A establishing minimum standards
for training of public safety telecommunicators. “Public
safety telecommunicator”
means a person who serves as a first
responder by receiving requests for, or by dispatching requests
to, emergency response agencies which include but are not
limited to law enforcement, fire, rescue, and emergency medical
services agencies.
   Sec. 45.  Section 80E.2, Code 2023, is amended to read as
follows:
   80E.2  Drug policy advisory council — membership — duties.
   1.  An Iowa drug policy advisory council is established which
shall consist of the following seventeen members:
   a.  The drug policy coordinator director, who shall serve as
chairperson of the council.
   b.  The director of the department of corrections, or the
director’s designee.
   c.  The director of the department of education, or the
director’s designee.
   d.  The director of the department of public health and human
services
, or the director’s designee.
   e.  The commissioner of public safety, or the commissioner’s
designee.
   f.  The director of the department of human services, or the
director’s designee.
-23-
   g.  The director of the division of criminal and juvenile
justice planning in the department of human rights, or the
division director’s designee.
   h.    f.  The state public defender, or the state public
defender’s designee.
   i.    g.  A prosecuting attorney.
   j.    h.  A certified alcohol and drug counselor.
   k.    i.  A certified substance abuse use disorder prevention
specialist.
   l.    j.  A substance use disorder treatment program director.
   m.    k.  A justice of the Iowa supreme court, or judge, as
designated by the chief justice of the supreme court.
   n.    l.  A member representing the Iowa peace officers
association.
   o.    m.  A member representing the Iowa state police
association.
   p.    n.  A member representing the Iowa state sheriffs’ and
deputies’ association.
   q.    o.  A police chief.
   2.  The prosecuting attorney, certified alcohol and drug
counselor, certified substance abuse use disorder prevention
specialist, substance use disorder treatment program director,
member representing the Iowa peace officers association,
member representing the Iowa state police association, the
member representing the Iowa state sheriffs’ and deputies’
association, and the member who is a police chief shall be
appointed by the governor, subject to senate confirmation, for
four-year terms beginning and ending as provided in section
69.19. A vacancy on the council shall be filled for the
unexpired term in the same manner as the original appointment
was made.
   3.  The council shall make policy recommendations to
the appropriate departments concerning the administration,
development, and coordination of programs related to substance
abuse use disorder education, prevention, treatment, and
-24-enforcement.
   4.  The members of the council shall be reimbursed for actual
and necessary travel and related expenses incurred in the
discharge of official duties. Each member of the council may
also be eligible to receive compensation as provided in section
7E.6.
   5.  The council shall meet at least semiannually throughout
the year.
   6.  A majority of the members of the council constitutes a
quorum, and a majority of the total membership of the council
is necessary to act in any matter within the jurisdiction of
the council.
   Sec. 46.  Section 84A.1A, subsection 1, paragraph b, Code
2023, is amended to read as follows:
   b.  The nonvoting members of the Iowa workforce development
board shall include the following:
   (1)  One state senator appointed by the minority leader of
the senate, who shall serve for a term as provided in section
69.16B.
   (2)  One state representative appointed by the minority
leader of the house of representatives, who shall serve for a
term as provided in section 69.16B.
   (3)  One president, or the president’s designee, of the
university of northern Iowa, the university of Iowa, or Iowa
state university of science and technology, designated by the
state board of regents on a rotating basis.
   (4)  One president, or the president’s designee, of an
independent Iowa college, appointed by the Iowa association of
independent colleges and universities.
   (5)  One president or president’s designee, of a community
college, appointed by the Iowa association of community college
presidents.
   (6)  One representative of the economic development
authority, appointed by the director.
   (7)  One representative of the department on aging,
-25-appointed by the director.
   (8)    (7)  One representative of the department of
corrections, appointed by the director.
   (9)    (8)  One representative of the department of health and
human services, appointed by the director.
   (10)    (9)  One representative of the United States department
of labor, office of apprenticeship.
   (11)    (10)  One representative from the largest statewide
public employees’ organization representing state employees.
   (12)    (11)  One representative of a statewide labor
organization representing employees in the construction
industry.
   (13)    (12)  One representative of a statewide labor
organization representing employees in the manufacturing
industry.
   Sec. 47.  Section 84A.6, subsections 2 and 3, Code 2023, are
amended to read as follows:
   2.  a.  The director of the department of workforce
development, in cooperation with the department of health
and
human services, shall provide job placement and training
to persons referred by the department of health and human
services under the promoting independence and self-sufficiency
through employment job opportunities and basic skills program
established pursuant to chapter 239B and the food stamp
 supplemental nutrition assistance program employment and
training program.
   b.  The department of workforce development, in consultation
with the department of health and human services, shall develop
and implement departmental recruitment and employment practices
that address the needs of former and current participants in
the family investment program under chapter 239B.
   3.  The director of the department of workforce development,
in cooperation with the department of health and human rights
 services and the vocational rehabilitation services division
of the department of education workforce development, shall
-26-establish a program to provide job placement and training to
persons with disabilities.
   Sec. 48.  Section 84A.9, Code 2023, is amended to read as
follows:
   84A.9  Statewide mentoring program.
   A statewide mentoring program is established to recruit,
screen, train, and match individuals in a mentoring
relationship. The department of workforce development shall
administer the program in collaboration with the departments
of health and human services, and education, and human rights.
The availability of the program is subject to the funding
appropriated for the purposes of the program.
   Sec. 49.  Section 84A.11, subsection 2, Code 2023, is amended
to read as follows:
   2.  The department of workforce development shall consult
with the board of nursing, the department of public health
 and human services, the department of education, and other
appropriate entities in developing recommendations to determine
options for additional data collection.
   Sec. 50.  Section 84B.1, Code 2023, is amended to read as
follows:
   84B.1  Workforce development system.
   The departments of workforce development, education,
 health and human services, and corrections, the economic
development authority, the department on aging, the division
of Iowa vocational rehabilitation services of the department
of education workforce development, and the department for
the blind shall collaborate where possible under applicable
state and federal law to align workforce development programs,
services, and activities in an integrated workforce development
system in the state and in each local workforce development
area that is data driven and responsive to the needs of
workers, job seekers, and employers. The departments,
authority, and division shall also jointly establish an
integrated management information system for linking workforce
-27-development programs within local workforce development systems
and in the state.
   Sec. 51.  Section 84B.2, unnumbered paragraph 1, Code 2023,
is amended to read as follows:
   The department of workforce development, in consultation
with the departments of education, health and human services,
and corrections, the economic development authority,
the department on aging, the division of Iowa vocational
rehabilitation services of the department of education
 workforce development, and the department for the blind
shall establish guidelines for colocating state and federal
employment and training programs in centers providing services
at the local level. The centers shall be known as workforce
development centers. The guidelines shall provide for local
design and operation within the guidelines. The core services
available at a center shall include but are not limited to all
of the following:
   Sec. 52.  Section 85.38, subsection 4, Code 2023, is amended
to read as follows:
   4.  Lien for hospital and medical services under chapter
249A.
  In the event any hospital or medical services as provided
in section 85.27 are paid by the state department of health and
human services on behalf of an employee who is entitled to such
benefits under the provisions of this chapter or chapter 85A or
85B, a lien shall exist as respects the right of such employee
to benefits as described in section 85.27.
   Sec. 53.  Section 85.60, Code 2023, is amended to read as
follows:
   85.60  Injuries while in work-based learning opportunity,
employment training, or evaluation.
   A person participating in a work-based learning opportunity
referred to in section 85.61, or receiving earnings while
engaged in employment training or while undergoing an
employment evaluation under the direction of a rehabilitation
facility approved for purchase-of-service contracts or for
-28-referrals by the department of health and human services or the
department of education, who sustains an injury arising out
of and in the course of the work-based learning opportunity
participation, employment training, or employment evaluation
is entitled to benefits as provided in this chapter, chapter
85A, chapter 85B, and chapter 86. Notwithstanding the minimum
benefit provisions of this chapter, a person referred to in
this section and entitled to benefits under this chapter is
entitled to receive a minimum weekly benefit amount for a
permanent partial disability under section 85.34, subsection
2, or for a permanent total disability under section 85.34,
subsection 3, equal to the weekly benefit amount of a person
whose gross weekly earnings are thirty-five percent of the
statewide average weekly wage computed pursuant to section 96.3
and in effect at the time of the injury.
   Sec. 54.  Section 85.61, subsection 3, paragraph b, Code
2023, is amended to read as follows:
   b.  A rehabilitation facility approved for
purchase-of-service contracts or for referrals by the
department of health and human services or the department of
education.
   Sec. 55.  Section 85A.11, subsection 2, Code 2023, is amended
to read as follows:
   2.  The specimens for the tests required by this section
must be taken by a licensed practicing physician or osteopathic
physician, and immediately delivered to the state hygienic
laboratory of the Iowa department of public health at Iowa
City
. Each specimen shall be in a container upon which is
plainly printed the name and address of the subject, the date
when the specimen was taken, the name and address of the
subject’s employer, and a certificate by the physician or
osteopathic physician that the physician took the specimen
from the named subject on the date stated over the physician’s
signature and address.
   Sec. 56.  Section 85A.20, Code 2023, is amended to read as
-29-follows:
   85A.20  Investigation.
   The workers’ compensation commissioner may designate
the industrial hygiene physician medical director of the
Iowa department of public health and human services and two
physicians selected by the dean of the university of Iowa
college of medicine, from the staff of the college, who shall
be qualified to diagnose and report on occupational diseases.
For the purpose of investigating occupational diseases, the
physicians shall have the use, without charge, of all necessary
laboratory and other facilities of the university of Iowa
college of medicine and of the university hospital at the state
university of Iowa, and of the Iowa department of public health
 and human services in performing the physicians’ duties.
   Sec. 57.  Section 89.4, subsection 1, paragraph h, Code 2023,
is amended to read as follows:
   h.  Hot water heating boilers used for heating pools or
spas regulated by the department of public health inspections,
appeals, and licensing
pursuant to chapter 135I.
   Sec. 58.  Section 89B.17, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
   The director of public health and human services, the labor
commissioner, and the director of the department of natural
resources or the director’s designee under written signatures
of all these parties may recommend any of the following
actions:
   Sec. 59.  Section 92.17, subsection 3, Code 2023, is amended
to read as follows:
   3.  A child from working in any occupation or business
operated by the child’s parents. For the purposes of this
subsection, “child” and “parents” include a foster child and the
child’s foster parents who are licensed by the department of
 health and human services.
   Sec. 60.  Section 96.3, subsections 9 and 11, Code 2023, are
amended to read as follows:
-30-   9.  Child support intercept.
   a.  An individual filing a claim for benefits under section
96.6, subsection 1, shall, at the time of filing, disclose
whether the individual owes a child support obligation which
is being enforced by the child support recovery unit services
established in section 252B.2. If an individual discloses that
such a child support obligation is owed and the individual is
determined to be eligible for benefits under this chapter,
the department shall notify the child support recovery unit
 services of the individual’s disclosure and deduct and withhold
from benefits payable to the individual the amount specified
by the individual.
   b.  However, if the child support recovery unit services
and an individual owing a child support obligation reach an
agreement to have specified amounts deducted and withheld from
the individual’s benefits and the child support recovery unit
 services submits a copy of the agreement to the department, the
department shall deduct and withhold the specified amounts.
   c.  (1)  However, if the department is notified of income
withholding by the child support recovery unit services under
chapter 252D or section 598.22 or 598.23 or if income is
garnisheed by the child support recovery unit services under
chapter 642 and an individual’s benefits are condemned to the
satisfaction of the child support obligation being enforced by
the child support recovery unit services, the department shall
deduct and withhold from the individual’s benefits that amount
required through legal process.
   (2)  Notwithstanding section 642.2, subsections 2, 3,
6, and 7, which restrict garnishments under chapter 642 to
wages of public employees, the department may be garnisheed
under chapter 642 by the child support recovery unit services
established in section 252B.2, pursuant to a judgment for child
support against an individual eligible for benefits under this
chapter.
   (3)  Notwithstanding section 96.15, benefits under this
-31-chapter are not exempt from income withholding, garnishment,
attachment, or execution if withheld for or garnisheed by the
child support recovery unit services, established in section
252B.2, or if an income withholding order or notice of the
income withholding order under section 598.22 or 598.23 is
being enforced by the child support recovery unit services to
satisfy the child support obligation of an individual who is
eligible for benefits under this chapter.
   d.  An amount deducted and withheld under paragraph “a”, “b”,
or “c” shall be paid by the department to the child support
recovery unit services, and shall be treated as if it were paid
to the individual as benefits under this chapter and as if it
were paid by the individual to the child support recovery unit
 services in satisfaction of the individual’s child support
obligations.
   e.  If an agreement for reimbursement has been made, the
department shall be reimbursed by the child support recovery
unit
 services for the administrative costs incurred by the
department under this section which are attributable to the
enforcement of child support obligations by the child support
recovery unit services.
   11.  Overissuance of food stamp supplemental nutrition
assistance program
benefits.
  The department shall collect any
overissuance of food stamp supplemental nutrition assistance
program
benefits by offsetting the amount of the overissuance
from the benefits payable under this chapter to the individual.
This subsection shall only apply if the department is
reimbursed under an agreement with the department of health and
human services for administrative costs incurred in recouping
the overissuance. The provisions of section 96.15 do not apply
to this subsection.
   Sec. 61.  Section 97B.49B, subsection 1, paragraph e,
subparagraph (16), Code 2023, is amended to read as follows:
   (16)  A person employed by the department of health and
human services as a psychiatric security specialist at a civil
-32-commitment unit for sexually violent offenders facility.
   Sec. 62.  Section 99D.7, subsections 22 and 23, Code 2023,
are amended to read as follows:
   22.  To cooperate with the gambling treatment program
administered by the Iowa department of public health and human
services
to incorporate information regarding the gambling
treatment program and its toll-free telephone number in printed
materials distributed by the commission. The commission may
require licensees to have the information available in a
conspicuous place as a condition of licensure.
   23.  To establish a process to allow a person to be
voluntarily excluded from advance deposit wagering as defined
in section 99D.11, from an internet fantasy sports contest as
defined in section 99E.1, from advance deposit sports wagering
as defined in section 99F.9, and from the wagering area of
a racetrack enclosure, from the gaming floor, and from the
sports wagering area, as defined in section 99F.1, of all
other licensed facilities under this chapter and chapter 99F
as provided in this subsection. The process shall provide
that an initial request by a person to be voluntarily excluded
shall be for a period of five years or life and any subsequent
request following any five-year period shall be for a period of
five years or life. The process established shall require that
licensees be provided electronic access to names and social
security numbers of persons voluntarily excluded through a
secured interactive internet site maintained by the commission
and information regarding persons voluntarily excluded shall
be disseminated to all licensees under this chapter, chapter
99E, and chapter 99F. The names, social security numbers, and
information regarding persons voluntarily excluded shall be
kept confidential unless otherwise ordered by a court or by
another person duly authorized to release such information.
The process established shall also require a person requesting
to be voluntarily excluded be provided information compiled
by the Iowa department of public health and human services
-33- on gambling treatment options. The state and any licensee
under this chapter, chapter 99E, or chapter 99F shall not be
liable to any person for any claim which may arise from this
process. In addition to any other penalty provided by law, any
money or thing of value that has been obtained by, or is owed
to, a voluntarily excluded person as a result of wagers made
by the person after the person has been voluntarily excluded
shall be forfeited by the person and shall be credited to the
general fund of the state. The commission shall not initiate
any administrative action or impose penalties on a licensee who
voluntarily reports to the commission activity described in
section 99D.24, subsection 4, paragraph “c”.
   Sec. 63.  Section 99D.9, subsection 6, paragraph b, Code
2023, is amended to read as follows:
   b.  A licensee shall not permit a financial institution,
vendor, or other person to dispense cash or credit through an
electronic or mechanical device including but not limited to a
satellite terminal as defined in section 527.2, that is located
in the wagering area. However, this paragraph shall not apply
to cashless wagering systems where a person accesses a cash
account through a mobile application used by the licensee
to conduct cashless wagering. The mobile application shall
include the statewide telephone number authorized by the Iowa
department of public health and human services to provide
problem gambling information and extensive responsible gaming
features in addition to those described in section 99D.7,
subsection 23.
   Sec. 64.  Section 99E.5, subsection 2, paragraph d, Code
2023, is amended to read as follows:
   d.  Include on the internet site or mobile application used
by the licensee to conduct internet fantasy sports contests the
statewide telephone number authorized by the Iowa department of
public health and human services to provide problem gambling
information and extensive responsible gaming features in
addition to those described in section 99F.4, subsection 22.
-34-
   Sec. 65.  Section 99F.4, subsection 22, Code 2023, is amended
to read as follows:
   22.  To establish a process to allow a person to be
voluntarily excluded from advance deposit wagering as defined
in section 99D.11, from an internet fantasy sports contest
as defined in section 99E.1, from advance deposit sports
wagering as defined in section 99F.9, from the gaming floor
and sports wagering area of an excursion gambling boat, from
the wagering area, as defined in section 99D.2, and from the
gaming floor and sports wagering area of all other licensed
facilities under this chapter and chapter 99D as provided in
this subsection. The process shall provide that an initial
request by a person to be voluntarily excluded shall be for
a period of five years or life and any subsequent request
following any five-year period shall be for a period of five
years or life. The process established shall require that
licensees be provided electronic access to names and social
security numbers of persons voluntarily excluded through a
secured interactive internet site maintained by the commission
and information regarding persons voluntarily excluded shall
be disseminated to all licensees under this chapter, chapter
99D, and chapter 99E. The names, social security numbers, and
information regarding persons voluntarily excluded shall be
kept confidential unless otherwise ordered by a court or by
another person duly authorized to release such information.
The process established shall also require a person requesting
to be voluntarily excluded be provided information compiled
by the Iowa department of public health and human services
on gambling treatment options. The state and any licensee
under this chapter, chapter 99D, or chapter 99E shall not be
liable to any person for any claim which may arise from this
process. In addition to any other penalty provided by law, any
money or thing of value that has been obtained by, or is owed
to, a voluntarily excluded person as a result of wagers made
by the person after the person has been voluntarily excluded
-35-shall be forfeited by the person and shall be credited to the
general fund of the state. The commission shall not initiate
any administrative action or impose penalties on a licensee who
voluntarily reports to the commission activity described in
section 99F.15, subsection 4, paragraph “n”.
   Sec. 66.  Section 99F.7, subsection 10, paragraph b, Code
2023, is amended to read as follows:
   b.  A licensee shall not permit a financial institution,
vendor, or other person to dispense cash or credit through an
electronic or mechanical device including but not limited to
a satellite terminal, as defined in section 527.2, that is
located on the gaming floor. However, this paragraph shall not
apply to cashless wagering systems where a person accesses a
cash account through a mobile application used by the licensee
to conduct cashless wagering. The mobile application shall
include the statewide telephone number authorized by the Iowa
department of public health and human services to provide
problem gambling information and extensive responsible gaming
features in addition to those described in section 99F.4,
subsection 22.
   Sec. 67.  Section 99F.7A, subsection 2, paragraph a, Code
2023, is amended to read as follows:
   a.  Include on the internet site or mobile application used
by the licensee to conduct advance deposit sports wagering as
authorized in section 99F.9 the statewide telephone number
authorized by the Iowa department of public health and human
services
to provide problem gambling information and extensive
responsible gaming features in addition to those described in
section 99F.4, subsection 22.
   Sec. 68.  Section 100C.1, subsection 1, Code 2023, is amended
to read as follows:
   1.  “Alarm system” means a system or portion of a combination
system that consists of components and circuits arranged to
monitor and annunciate the status of a fire alarm, security
alarm, or nurse call or supervisory signal-initiating devices
-36-and to initiate the appropriate response to those signals,
but does not mean any such security system or portion of a
combination system installed in a prison, jail, or detention
facility owned by the state, a political subdivision of the
state, the department of health and human services, or the Iowa
veterans home.
   Sec. 69.  Section 101C.3, subsection 1, Code 2023, is amended
to read as follows:
   1.  The Iowa propane education and research council is
established. The council shall consist of ten voting members,
nine of whom represent retail propane marketers and one of whom
shall be the administrator of the division of a representative
of the department of health and human services responsible
for
community action agencies of the department of human
rights
. Members of the council other than the administrator
 representing retail propane marketers shall be appointed by the
fire marshal from a list of nominees submitted by qualified
propane industry organizations by December 15 of each year. A
vacancy in the unfinished term of a council member shall be
filled for the remainder of the term in the same manner as the
original appointment was made. Other than the administrator,
council
 Council members representing retail propane marketers
shall be full-time employees or owners of a propane industry
business or representatives of an agricultural cooperative
actively engaged in the propane industry. An employee of a
qualified propane industry organization shall not serve as a
member of the council. An officer of the board of directors of
a qualified propane industry organization or propane industry
trade association shall not serve concurrently as a member of
the council. The fire marshal or a designee may serve as an ex
officio, nonvoting member of the council.
   Sec. 70.  Section 123.47, subsection 4, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
   (2)  A second offense shall be a simple misdemeanor
punishable by a fine of five hundred dollars. In addition to
-37-any other applicable penalty, the person in violation of this
section shall choose between either completing a substance
abuse use disorder evaluation or the suspension of the person’s
motor vehicle operating privileges for a period not to exceed
one year.
   Sec. 71.  Section 124.409, subsection 1, Code 2023, is
amended to read as follows:
   1.  Whenever the court finds that a person who is charged
with a violation of section 124.401 and who consents thereto,
or who has entered a plea of guilty to or been found guilty of
a violation of that section, is addicted to, dependent upon,
or a chronic abuser user of any controlled substance and that
such person will be aided by proper medical treatment and
rehabilitative services, the court may order that the person
be committed as an in-patient or out-patient to a facility
licensed by the Iowa department of public health and human
services
for medical treatment and rehabilitative services.
   Sec. 72.  Section 124.504, subsection 3, Code 2023, is
amended to read as follows:
   3.  A practitioner engaged in medical practice or research
or the Iowa drug abuse substance use disorder authority or
any program which is licensed by the authority shall not be
required to furnish the name or identity of a patient or
research subject to the board or the department, nor shall the
practitioner or the authority or any program which is licensed
by the authority be compelled in any state or local civil,
criminal, administrative, legislative or other proceedings
to furnish the name or identity of an individual that the
practitioner or the authority or any of its licensed programs
is obligated to keep confidential.
   Sec. 73.  Section 124.551, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
   The program shall collect from pharmacies dispensing
information for controlled substances identified pursuant
-38-to section 124.554, subsection 1, paragraph “g”, and from
first responders as defined in section 147A.1, subsection
7, with the exception of emergency medical care providers
as defined in section 147A.1, subsection 4, administration
information for opioid antagonists. The department of public
health and human services shall provide information for the
administration of opioid antagonists to the board as prescribed
by rule for emergency medical care providers as defined in
section 147A.1, subsection 4. The board shall adopt rules
requiring the following information to be provided regarding
the administration of opioid antagonists:
   Sec. 74.  Section 124.556, Code 2023, is amended to read as
follows:
   124.556  Education and treatment.
   The program shall include education initiatives and outreach
to consumers, prescribing practitioners, and pharmacists, and
shall also include assistance for identifying substance abuse
 use disorder treatment programs and providers. The program
shall also include educational updates and information on
general patient risk factors for prescribing practitioners.
The board and advisory council shall adopt rules, as provided
under section 124.554, to implement this section.
   Sec. 75.  Section 124E.2, subsections 3 and 8, Code 2023, are
amended to read as follows:
   3.  “Department” means the department of public health and
human services
.
   8.  “Laboratory” means the state hygienic laboratory
at the university of Iowa in Iowa City or any other
independent medical cannabidiol testing facility accredited
to standard ISO/IEC 17025 by an international organization
for standards-approved accrediting body, with a controlled
substance registration certificate from the United States drug
enforcement administration and a certificate of registration
from the board of pharmacy. For the purposes of this chapter,
an independent laboratory is a laboratory operated by an
-39-entity that has no equity ownership in a medical cannabidiol
manufacturer.
   Sec. 76.  Section 124E.6, subsection 4, Code 2023, is amended
to read as follows:
   4.  A medical cannabidiol manufacturer shall contract with
a laboratory to perform spot-check testing of the medical
cannabidiol produced by the medical cannabidiol manufacturer
as provided in section 124E.7. The department shall require
that the laboratory report testing results to the medical
cannabidiol manufacturer and the department as determined by
the department by rule. If a medical cannabidiol manufacturer
contracts with a laboratory other than the state hygienic
laboratory at the university of Iowa in Iowa City, the
department shall approve the laboratory to perform testing
pursuant to this chapter.
   Sec. 77.  Section 124E.14, Code 2023, is amended to read as
follows:
   124E.14  Out-of-state medical cannabidiol dispensaries.
   The department of public health shall utilize a request for
proposals process to select and license by December 1, 2017,
up to two out-of-state medical cannabidiol dispensaries from a
bordering state to sell and dispense medical cannabidiol to a
patient or primary caregiver in possession of a valid medical
cannabidiol registration card issued under this chapter.
   Sec. 78.  Section 125.1, Code 2023, is amended to read as
follows:
   125.1  Declaration of policy.
   It is the policy of this state:
   1.  That persons with substance-related disorders a
substance use disorder
be afforded the opportunity to
receive quality treatment and directed into rehabilitation
services which will help them resume a socially acceptable and
productive role in society.
   2.  To encourage substance abuse use disorder education
and prevention efforts and to insure that such efforts are
-40-coordinated to provide a high quality of services without
unnecessary duplication.
   3.  To insure that substance abuse use disorder programs
are being operated by individuals who are qualified in their
field whether through formal education or through employment
or personal experience.
   Sec. 79.  Section 125.2, Code 2023, is amended to read as
follows:
   125.2  Definitions.
   For purposes of this chapter, unless the context clearly
indicates otherwise:
   1.  “Board” means the state board of health created pursuant
to chapter 136.
   2.    1.  “Chemical substance” means alcohol, wine, spirits,
and beer as defined in chapter 123 and controlled substances
as defined in section 124.101.
   3.    2.  “Chief medical officer” means the medical director
in charge of a public or private hospital, or the director’s
physician-designee. This chapter does not negate the
authority otherwise reposed by chapter 226 in the respective
superintendents of the state mental health institutes to make
decisions regarding the appropriateness of admissions or
discharges of patients of those institutes, however, it is
the intent of this chapter that a superintendent who is not a
licensed physician shall be guided in these decisions by the
chief medical officer of the institute.
   4.    3.  “Clerk” means the clerk of the district court.
   4.  “Council” means the council on health and human services.
   5.  “County of residence” means the same as defined in
section 331.394.
   6.  “Department” means the Iowa department of public health
 and human services.
   7.  “Director” means the director of the Iowa department of
public
health and human services.
   8.  “Facility” means an institution, a detoxification center,
-41-or an installation providing care, maintenance and treatment
for persons with substance-related disorders a substance use
disorder
licensed by the department under section 125.13,
hospitals licensed under chapter 135B, or the state mental
health institutes designated by chapter 226.
   9.  “Incapacitated by a chemical substance” means that a
person, as a result of the use of a chemical substance, is
unconscious or has the person’s judgment otherwise so impaired
that the person is incapable of realizing and making a rational
decision with respect to the need for treatment.
   10.  “Incompetent person” means a person who has been
adjudged incompetent by a court of law.
   11.  “Interested person” means a person who, in the
discretion of the court, is legitimately concerned that a
respondent receive substance abuse use disorder treatment
services.
   12.  “Magistrate” means the same as defined in section 801.4,
subsection 10.
   13.  “Mental health professional” means the same as defined
in section 228.1.
   14.  “Psychiatric advanced registered nurse practitioner”
means an individual currently licensed as a registered nurse
under chapter 152 or 152E who holds a national certification in
psychiatric mental health care and who is licensed by the board
of nursing as an advanced registered nurse practitioner.
   15.  “Respondent” means a person against whom an application
is filed under section 125.75.
   16.  “Substance-related disorder” “Substance use disorder”
means a diagnosable substance abuse use disorder of sufficient
duration to meet diagnostic criteria specified within the most
current diagnostic and statistical manual of mental disorders
published by the American psychiatric association that results
in a functional impairment.
   Sec. 80.  Section 125.3, Code 2023, is amended to read as
follows:
-42-   125.3  Substance abuse use disorder program established.
   The Iowa department of public health shall develop,
implement, and administer a comprehensive substance abuse use
disorder
program pursuant to sections 125.1 and 125.2, this
section, and sections 125.7, 125.9, 125.10, 125.12 through
125.21, 125.25, 125.32 through 125.34, and 125.37 through
125.43.
   Sec. 81.  Section 125.7, Code 2023, is amended to read as
follows:
   125.7  Duties of the board council.
   The board council shall:
   1.  Approve the comprehensive substance abuse use disorder
program, developed by the department pursuant to sections 125.1
through 125.3, this section, and sections 125.9, 125.10, 125.12
through 125.21, 125.25, 125.32 through 125.34, and 125.37
through 125.43.
   2.  Advise the department on policies governing the
performance of the department in the discharge of any duties
imposed on the department by law.
   3.  Advise or make recommendations to the governor and the
general assembly relative to substance abuse use disorder
treatment, intervention, education, and prevention programs in
this state.
   4.  Adopt rules for subsections 1 and 6 and review other
rules necessary to carry out the provisions of this chapter,
subject to review in accordance with chapter 17A.
   5.  Investigate the work of the department relating to
substance abuse use disorder, and for this purpose the board
 council shall have access at any time to all books, papers,
documents, and records of the department.
   6.  Consider and approve or disapprove all applications
for a license and all cases involving the renewal, denial,
suspension, or revocation of a license.
   7.  Act as the appeal board regarding funding decisions made
by the department.
-43-
   Sec. 82.  Section 125.9, subsections 1, 2, 4, 5, and 6, Code
2023, are amended to read as follows:
   1.  Plan, establish and maintain treatment, intervention,
education, and prevention programs as necessary or desirable in
accordance with the comprehensive substance abuse use disorder
program.
   2.  Make contracts necessary or incidental to the
performance of the duties and the execution of the powers
of the director, including contracts with public and
private agencies, organizations and individuals to pay
them for services rendered or furnished to persons with
substance-related disorders a substance use disorder.
   4.  Coordinate the activities of the department and
cooperate with substance abuse use disorder programs in
this and other states, and make contracts and other joint or
cooperative arrangements with state, local or private agencies
in this and other states for the treatment of persons with
substance-related disorders a substance use disorder and
for the common advancement of substance abuse use disorder
programs.
   5.  Require that a written report, in reasonable detail, be
submitted to the director at any time by any agency of this
state or of any of its political subdivisions in respect to any
substance abuse use disorder prevention function, or program
for the benefit of persons who are or have been involved in
substance abuse use disorder, which is being conducted by the
agency.
   6.  Submit to the governor a written report of the
pertinent facts at any time the director concludes that any
agency of this state or of any of its political subdivisions
is conducting any substance abuse use disorder prevention
function, or program for the benefit of persons who are or have
been involved in substance abuse use disorder in a manner not
consistent with or which impairs achievement of the objectives
of the state plan to combat substance abuse use disorder, and
-44-has failed to effect appropriate changes in the function or
program.
   Sec. 83.  Section 125.10, Code 2023, is amended to read as
follows:
   125.10  Duties of director.
   The director shall:
   1.  Prepare and submit a state plan subject to approval by
the board council and in accordance with 42 U.S.C. §300x-21 et
seq. The state plan shall designate the department as the sole
agency for supervising the administration of the plan.
   2.  Develop, encourage, and foster statewide, regional,
and local plans and programs for the prevention of substance
misuse use disorder and the treatment of persons with
substance-related disorders a substance use disorder in
cooperation with public and private agencies, organizations and
individuals, and provide technical assistance and consultation
services for these purposes.
   3.  Coordinate the efforts and enlist the assistance of all
public and private agencies, organizations, and individuals
interested in the prevention of substance misuse use disorder
and the treatment of persons with substance-related disorders a
substance use disorder
. The director’s actions to implement
this subsection shall also address the treatment needs of
persons who have a mental illness, an intellectual disability,
brain injury, or other co-occurring condition in addition to a
substance-related substance use disorder.
   4.  Cooperate with the department of human services and
the Iowa department of public health
in establishing and
conducting programs to provide treatment for persons with
substance-related disorders a substance use disorder.
   5.  Cooperate with the department of education, boards
of education, schools, police departments, courts, and other
public and private agencies, organizations, and individuals
in establishing programs for the prevention of substance
misuse use disorder and the treatment of persons with
-45-substance-related disorders a substance use disorder, and in
preparing relevant curriculum materials for use at all levels
of school education.
   6.  Prepare, publish, evaluate and disseminate educational
material dealing with the nature and effects of chemical
substances.
   7.  Develop and implement, as an integral part of treatment
programs, an educational program for use in the treatment
of persons with substance-related disorders a substance use
disorder
, which program shall include the dissemination of
information concerning the nature and effects of substances.
   8.  Organize and implement, in cooperation with local
treatment programs, training programs for all persons engaged
in treatment of persons with substance-related disorders a
substance use disorder
.
   9.  Sponsor and implement research in cooperation with
local treatment programs into the causes and nature of
substance misuse use disorder and treatment of persons with
substance-related disorders a substance use disorder, and serve
as a clearing house for information relating to substance
misuse use disorder.
   10.  Specify uniform methods for keeping statistical
information by public and private agencies, organizations,
and individuals, and collect and make available relevant
statistical information, including number of persons treated,
frequency of admission and readmission, and frequency and
duration of treatment.
   11.  Develop and implement, with the counsel and approval
of the board council, the comprehensive plan for treatment
of persons with substance-related disorders a substance use
disorder
in accordance with this chapter.
   12.  Assist in the development of, and cooperate with,
substance abuse use disorder education and treatment programs
for employees of state and local governments and businesses and
industries in the state.
-46-
   13.  Utilize the support and assistance of interested
persons in the community, particularly persons who are
recovering from substance-related disorders a substance use
disorder
to encourage persons with substance-related disorders
 a substance use disorder to voluntarily undergo treatment.
   14.  Cooperate with the commissioner of public safety in
establishing and conducting programs designed to deal with the
problem of persons operating motor vehicles while intoxicated.
   15.  Encourage general hospitals and other appropriate
health facilities to admit without discrimination persons
with substance-related disorders a substance use disorder
and to provide them with adequate and appropriate treatment.
The director may negotiate and implement contracts with
hospitals and other appropriate health facilities with adequate
detoxification facilities.
   16.  Encourage all health and disability insurance programs
to include substance-related substance use disorders as covered
illnesses.
   17.  Review all state health, welfare, education and
treatment proposals to be submitted for federal funding under
federal legislation, and advise the governor on provisions
to be included relating to substance misuse use disorder and
persons with substance-related disorders a substance use
disorder
.
   Sec. 84.  Section 125.12, subsections 1 and 3, Code 2023, are
amended to read as follows:
   1.  The board council shall review the comprehensive
substance abuse use disorder program implemented by the
department for the treatment of persons with substance-related
disorders
 a substance use disorder and concerned family
members. Subject to the review of the board council, the
director shall divide the state into appropriate regions
for the conduct of the program and establish standards for
the development of the program on the regional level. In
establishing the regions, consideration shall be given to city
-47-and county lines, population concentrations, and existing
substance abuse use disorder treatment services.
   3.  The director shall provide for adequate and appropriate
treatment for persons with substance-related disorders a
substance use disorder
and concerned family members admitted
under sections 125.33 and 125.34, or under section 125.75,
125.81, or 125.91. Treatment shall not be provided at a
correctional institution except for inmates. A mental health
professional who is employed by a treatment provider under the
program may provide treatment to a person with co-occurring
substance-related substance use and mental health disorders.
Such treatment may also be provided by a person employed by
such a treatment provider who is receiving the supervision
required to meet the definition of mental health professional
but has not completed the supervision component.
   Sec. 85.  Section 125.13, subsection 1, paragraph a, Code
2023, is amended to read as follows:
   a.  Except as provided in subsection 2, a person shall not
maintain or conduct any chemical substitutes or antagonists
program, residential program, or nonresidential outpatient
program, the primary purpose of which is the treatment and
rehabilitation of persons with substance-related disorders a
substance use disorder
without having first obtained a written
license for the program from the department.
   Sec. 86.  Section 125.13, subsection 2, paragraphs a, b, c,
f, i, and j, Code 2023, are amended to read as follows:
   a.  A hospital providing care or treatment to persons
with substance-related disorders a substance use disorder
licensed under chapter 135B which is accredited by the joint
commission on the accreditation of health care organizations,
the commission on accreditation of rehabilitation facilities,
the American osteopathic association, or another recognized
organization approved by the board council. All survey reports
from the accrediting or licensing body must be sent to the
department.
-48-
   b.  Any practitioner of medicine and surgery or osteopathic
medicine and surgery, in the practitioner’s private practice.
However, a program shall not be exempted from licensing by the
board council by virtue of its utilization of the services of a
medical practitioner in its operation.
   c.  Private institutions conducted by and for persons who
adhere to the faith of any well recognized church or religious
denomination for the purpose of providing care, treatment,
counseling, or rehabilitation to persons with substance-related
disorders
 a substance use disorder and who rely solely on
prayer or other spiritual means for healing in the practice of
religion of such church or denomination.
   f.  Individuals in private practice who are providing
substance abuse use disorder treatment services independent
from a program that is required to be licensed under subsection
1.
   i.  A substance abuse use disorder treatment program not
funded by the department which is accredited or licensed
by the joint commission on the accreditation of health
care organizations, the commission on the accreditation
of rehabilitation facilities, the American osteopathic
association, or another recognized organization approved by
the board council. All survey reports from the accrediting or
licensing body must be sent to the department.
   j.  A hospital substance abuse use disorder treatment program
that is accredited or licensed by the joint commission on the
accreditation of health care organizations, the commission on
the accreditation of rehabilitation facilities, the American
osteopathic association, or another recognized organization
approved by the board council. All survey reports for the
hospital substance abuse use disorder treatment program
from the accrediting or licensing body shall be sent to the
department.
   Sec. 87.  Section 125.14, Code 2023, is amended to read as
follows:
-49-   125.14  Licenses — renewal — fees.
   The board council shall consider all cases involving initial
issuance, and renewal, denial, suspension, or revocation
of a license. The department shall issue a license to an
applicant whom the board council determines meets the licensing
requirements of this chapter. Licenses shall expire no
later than three years from the date of issuance and shall be
renewed upon timely application made in the same manner as
for initial issuance of a license unless notice of nonrenewal
is given to the licensee at least thirty days prior to the
expiration of the license. The department shall not charge a
fee for licensing or renewal of programs contracting with the
department for provision of treatment services. A fee may be
charged to other licensees.
   Sec. 88.  Section 125.14A, Code 2023, is amended to read as
follows:
   125.14A  Personnel of a licensed program admitting juveniles.
   1.  If a person is being considered for licensure under this
chapter, or for employment involving direct responsibility for
a child or with access to a child when the child is alone, by
a program admitting juveniles subject to licensure under this
chapter, or if a person will reside in a facility utilized
by such a program, and if the person has been convicted of
a crime or has a record of founded child abuse, the record
check evaluation system of the
department of human services
and the program, for an employee of the program, shall perform
an evaluation to determine whether the crime or founded
child abuse warrants prohibition of licensure, employment, or
residence in the facility. The department of human services
 record check evaluation system shall conduct criminal and
child abuse record checks in this state and may conduct these
checks in other states. The evaluation shall be performed in
accordance with procedures adopted for this purpose by the
department of human services.
   2.  If the department of human services record check
-50-evaluation system
determines that a person has committed a
crime or has a record of founded child abuse and is licensed,
employed by a program licensed under this chapter, or resides
in a licensed facility the department record check evaluation
system
shall notify the program that an evaluation will be
conducted to determine whether prohibition of the person’s
licensure, employment, or residence is warranted.
   3.  In an evaluation, the department of human services
 record check evaluation system and the program for an employee
of the program shall consider the nature and seriousness of
the crime or founded child abuse in relation to the position
sought or held, the time elapsed since the commission of the
crime or founded child abuse, the circumstances under which
the crime or founded child abuse was committed, the degree of
rehabilitation, the likelihood that the person will commit the
crime or founded child abuse again, and the number of crimes
or founded child abuses committed by the person involved. The
department of human services record check evaluation system
may permit a person who is evaluated to be licensed, employed,
or to reside, or to continue to be licensed, employed, or
to reside in a program, if the person complies with the
department’s record check evaluation system’s conditions
relating to the person’s licensure, employment, or residence,
which may include completion of additional training. For an
employee of a licensee, these conditional requirements shall
be developed with the licensee. The department of human
services
 record check evaluation system has final authority
in determining whether prohibition of the person’s licensure,
employment, or residence is warranted and in developing any
conditional requirements under this subsection.
   4.  If the department of human services record check
evaluation system
determines that the person has committed a
crime or has a record of founded child abuse which warrants
prohibition of licensure, employment, or residence, the person
shall not be licensed under this chapter to operate a program
-51-admitting juveniles and shall not be employed by a program or
reside in a facility admitting juveniles licensed under this
chapter.
   5.  In addition to the record checks required under this
section, the department of human services record check
evaluation system
may conduct dependent adult abuse record
checks in this state and may conduct these checks in other
states, on a random basis. The provisions of this section,
relative to an evaluation following a determination that a
person has been convicted of a crime or has a record of founded
child abuse, shall also apply to a random check conducted under
this subsection.
   6.  Beginning July 1, 1994, a A program or facility shall
inform all new applicants for employment of the possibility
of the performance of a record check and shall obtain, from
the applicant, a signed acknowledgment of the receipt of the
information.
   7.  On or after July 1, 1994, a A program or facility shall
include the following inquiry in an application for employment:
Do you have a record of founded child or dependent adult abuse
or have you ever been convicted of a crime, in this state or any
other state?
   Sec. 89.  Section 125.15, Code 2023, is amended to read as
follows:
   125.15  Inspections.
   The department may inspect the facilities and review the
procedures utilized by any chemical substitutes or antagonists
program, residential program, or nonresidential outpatient
program that has as a primary purpose the treatment and
rehabilitation of persons with substance-related disorders a
substance use disorder
, for the purpose of ensuring compliance
with this chapter and the rules adopted pursuant to this
chapter. The examination and review may include case record
audits and interviews with staff and patients, consistent with
the confidentiality safeguards of state and federal law.
-52-
   Sec. 90.  Section 125.15A, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
   The department may place an employee or agent to serve as a
monitor in a licensed substance abuse use disorder treatment
program or may petition the court for appointment of a receiver
for a program when any of the following conditions exist:
   Sec. 91.  Section 125.15A, subsection 1, paragraph b, Code
2023, is amended to read as follows:
   b.  The board council has suspended, revoked, or refused to
renew the existing license of the program.
   Sec. 92.  Section 125.16, Code 2023, is amended to read as
follows:
   125.16  Transfer of license or change of location prohibited.
   A license issued under this chapter may not be transferred,
and the location of the physical facilities occupied or
utilized by any program licensed under this chapter shall not
be changed without the prior written consent of the board
 council.
   Sec. 93.  Section 125.17, Code 2023, is amended to read as
follows:
   125.17  License suspension or revocation.
   Violation of any of the requirements or restrictions of
this chapter or of any of the rules adopted pursuant to this
chapter is cause for suspension, revocation, or refusal to
renew a license. The director shall at the earliest time
feasible notify a licensee whose license the board council
is considering suspending or revoking and shall inform the
licensee what changes must be made in the licensee’s operation
to avoid such action. The licensee shall be given a reasonable
time for compliance, as determined by the director, after
receiving such notice or a notice that the board council does
not intend to renew the license. When the licensee believes
compliance has been achieved, or if the licensee considers
the proposed suspension, revocation, or refusal to renew
unjustified, the licensee may submit pertinent information to
-53-the board council and the board council shall expeditiously
make a decision in the matter and notify the licensee of the
decision.
   Sec. 94.  Section 125.18, Code 2023, is amended to read as
follows:
   125.18  Hearing before board council.
   If a licensee under this chapter makes a written request
for a hearing within thirty days of suspension, revocation,
or refusal to renew a license, a hearing before the board
 council shall be expeditiously arranged by the department of
inspections and appeals whose decision is subject to review by
the board council. The board council shall issue a written
statement of the board’s council’s findings within thirty days
after conclusion of the hearing upholding or reversing the
proposed suspension, revocation, or refusal to renew a license.
Action involving suspension, revocation, or refusal to renew a
license shall not be taken by the board council unless a quorum
is present at the meeting. A copy of the board’s council’s
decision shall be promptly transmitted to the affected licensee
who may, if aggrieved by the decision, seek judicial review of
the actions of the board council in accordance with the terms
of chapter 17A.
   Sec. 95.  Section 125.19, Code 2023, is amended to read as
follows:
   125.19  Reissuance or reinstatement.
   After suspension, revocation, or refusal to renew a license
pursuant to this chapter, the affected licensee shall not have
the license reissued or reinstated within one year of the
effective date of the suspension, revocation, or expiration
upon refusal to renew, unless the board council orders
otherwise. After that time, proof of compliance with the
requirements and restrictions of this chapter and the rules
adopted pursuant to this chapter must be presented to the board
 council prior to reinstatement or reissuance of a license.
   Sec. 96.  Section 125.20, Code 2023, is amended to read as
-54-follows:
   125.20  Rules.
   The department shall establish rules pursuant to chapter
17A requiring facilities to use reasonable accounting and
reimbursement systems which recognize relevant cost-related
factors for patients with a substance abuse patients use
disorder
. A facility shall not be licensed nor shall any
payment be made under this chapter to a facility which fails
to comply with those rules or which does not permit inspection
by the department or examination of all records, including
financial records, methods of administration, general and
special dietary programs, the disbursement of drugs and methods
of supply, and any other records the department deems relevant
to the establishment of such a system. However, rules issued
pursuant to this paragraph shall not apply to any facility
referred to in section 125.13, subsection 2 or section 125.43.
   Sec. 97.  Section 125.21, subsection 1, Code 2023, is amended
to read as follows:
   1.  The board council has exclusive power in this state
to approve and license chemical substitutes and antagonists
programs, and to monitor chemical substitutes and antagonists
programs to ensure that the programs are operating within the
rules adopted pursuant to this chapter. The board council
shall grant approval and license if the requirements of the
rules are met and state funding is not requested. The chemical
substitutes and antagonists programs conducted by persons
exempt from the licensing requirements of this chapter pursuant
to section 125.13, subsection 2, are subject to approval and
licensure under this section.
   Sec. 98.  Section 125.25, subsection 1, Code 2023, is amended
to read as follows:
   1.  Before making any allocation of funds to a local
substance abuse use disorder program, the department shall
require a detailed line item budget clearly indicating the
funds received from each revenue source for the fiscal year
-55-for which the funds are requested on forms provided by the
department for each program.
   Sec. 99.  Section 125.32, unnumbered paragraph 1, Code 2023,
is amended to read as follows:
   The department shall adopt and may amend and repeal rules
for acceptance of persons into the treatment program, subject
to chapter 17A, considering available treatment resources and
facilities, for the purpose of early and effective treatment
of persons with substance-related disorders a substance
use disorder
and concerned family members. In establishing
the rules the department shall be guided by the following
standards:
   Sec. 100.  Section 125.32A, Code 2023, is amended to read as
follows:
   125.32A  Discrimination prohibited.
   Any substance abuse use disorder treatment program receiving
state funding under this chapter or any other chapter of the
Code shall not discriminate against a person seeking treatment
solely because the person is pregnant, unless the program
in each instance identifies and refers the person to an
alternative and acceptable treatment program for the person.
   Sec. 101.  Section 125.33, Code 2023, is amended to read as
follows:
   125.33  Voluntary treatment of persons with substance-related
disorders
 a substance use disorder.
   1.  A person with a substance-related substance use
disorder may apply for voluntary treatment or rehabilitation
services directly to a facility or to a licensed physician and
surgeon or osteopathic physician and surgeon or to a mental
health professional. If the proposed patient is a minor or
an incompetent person, a parent, a legal guardian or other
legal representative may make the application. The licensed
physician and surgeon or osteopathic physician and surgeon,
mental health professional, or any employee or person acting
under the direction or supervision of the physician and
-56-surgeon or osteopathic physician and surgeon, mental health
professional, or facility shall not report or disclose the
name of the person or the fact that treatment was requested
or has been undertaken to any law enforcement officer or law
enforcement agency; nor shall such information be admissible as
evidence in any court, grand jury, or administrative proceeding
unless authorized by the person seeking treatment. If the
person seeking such treatment or rehabilitation is a minor who
has personally made application for treatment, the fact that
the minor sought treatment or rehabilitation or is receiving
treatment or rehabilitation services shall not be reported
or disclosed to the parents or legal guardian of such minor
without the minor’s consent, and the minor may give legal
consent to receive such treatment and rehabilitation.
   2.  Subject to rules adopted by the department, the
administrator or the administrator’s designee in charge of a
facility may determine who shall be admitted for treatment
or rehabilitation. If a person is refused admission, the
administrator or the administrator’s designee, subject to rules
adopted by the department, shall refer the person to another
facility for treatment if possible and appropriate.
   3.  A person with a substance-related substance use
disorder seeking treatment or rehabilitation and who is
either addicted to or dependent on a chemical substance may
first be examined and evaluated by a licensed physician and
surgeon or osteopathic physician and surgeon or a mental health
professional who may prescribe, if authorized or licensed
to do so, a proper course of treatment and medication, if
needed. The licensed physician and surgeon or osteopathic
physician and surgeon or mental health professional may further
prescribe a course of treatment or rehabilitation and authorize
another licensed physician and surgeon or osteopathic physician
and surgeon, mental health professional, or facility to
provide the prescribed treatment or rehabilitation services.
Treatment or rehabilitation services may be provided to a
-57-person individually or in a group. A facility providing or
engaging in treatment or rehabilitation shall not report or
disclose to a law enforcement officer or law enforcement
agency the name of any person receiving or engaged in the
treatment or rehabilitation; nor shall a person receiving or
participating in treatment or rehabilitation report or disclose
the name of any other person engaged in or receiving treatment
or rehabilitation or that the program is in existence, to
a law enforcement officer or law enforcement agency. Such
information shall not be admitted in evidence in any court,
grand jury, or administrative proceeding. However, a person
engaged in or receiving treatment or rehabilitation may
authorize the disclosure of the person’s name and individual
participation.
   4.  If a patient receiving inpatient or residential care
leaves a facility, the patient shall be encouraged to consent
to appropriate outpatient or halfway house treatment. If it
appears to the administrator in charge of the facility that
the patient is a person with a substance-related substance
use
disorder who requires help, the director may arrange for
assistance in obtaining supportive services.
   5.  If a patient leaves a facility, with or against the
advice of the administrator in charge of the facility, the
director may make reasonable provisions for the patient’s
transportation to another facility or to the patient’s home.
If the patient has no home the patient shall be assisted in
obtaining shelter. If the patient is a minor or an incompetent
person, the request for discharge from an inpatient facility
shall be made by a parent, legal guardian, or other legal
representative, or by the minor or incompetent person if the
patient was the original applicant.
   6.  Any person who reports or discloses the name of a
person receiving treatment or rehabilitation services to a
law enforcement officer or law enforcement agency or any
person receiving treatment or rehabilitation services who
-58-discloses the name of any other person receiving treatment or
rehabilitation services without the written consent of the
person in violation of the provisions of this section shall
upon conviction be guilty of a simple misdemeanor.
   Sec. 102.  Section 125.34, Code 2023, is amended to read as
follows:
   125.34  Treatment and services for persons with
substance-related disorders a substance use disorder due to
intoxication and substance-induced incapacitation.
   1.  A person with a substance-related substance use disorder
due to intoxication or substance-induced incapacitation may
come voluntarily to a facility for emergency treatment. A
person who appears to be intoxicated or incapacitated by a
substance in a public place and in need of help may be taken
to a facility by a peace officer under section 125.91. If
the person refuses the proffered help, the person may be
arrested and charged with intoxication under section 123.46,
if applicable.
   2.  If no facility is readily available the person may
be taken to an emergency medical service customarily used
for incapacitated persons. The peace officer in detaining
the person and in taking the person to a facility shall make
every reasonable effort to protect the person’s health and
safety. In detaining the person the detaining officer may take
reasonable steps for self-protection. Detaining a person under
section 125.91 is not an arrest and no entry or other record
shall be made to indicate that the person who is detained has
been arrested or charged with a crime.
   3.  A person who arrives at a facility and voluntarily
submits to examination shall be examined by a licensed
physician and surgeon or osteopathic physician and surgeon or
mental health professional as soon as possible after the person
arrives at the facility. The person may then be admitted as a
patient or referred to another health facility. The referring
facility shall arrange for transportation.
-59-
   4.  If a person is voluntarily admitted to a facility, the
person’s family or next of kin shall be notified as promptly
as possible. If an adult patient who is not incapacitated
requests that there be no notification, the request shall be
respected.
   5.  A peace officer who acts in compliance with this section
is acting in the course of the officer’s official duty and is
not criminally or civilly liable therefor for such acts, unless
such acts constitute willful malice or abuse.
   6.  If the physician and surgeon or osteopathic physician
and surgeon in charge of the facility determines it is for the
patient’s benefit, the patient shall be encouraged to agree to
further diagnosis and appropriate voluntary treatment.
   7.  A licensed physician and surgeon or osteopathic
physician and surgeon, mental health professional, facility
administrator, or an employee or a person acting as or on
behalf of the facility administrator, is not criminally or
civilly liable for acts in conformity with this chapter, unless
the acts constitute willful malice or abuse.
   Sec. 103.  Section 125.37, subsection 2, Code 2023, is
amended to read as follows:
   2.  Notwithstanding subsection 1, the director may make
available information from patients’ records for purposes of
research into the causes and treatment of substance abuse use
disorder
. Information under this subsection shall not be
published in a way that discloses patients’ names or other
identifying information.
   Sec. 104.  Section 125.39, Code 2023, is amended to read as
follows:
   125.39  Eligible entities.
   A local governmental unit which is providing funds to a
facility for treatment of substance abuse use disorder may
request from the facility a treatment program plan prior to
authorizing payment of any claims filed by the facility. The
governing body of the local governmental unit may review the
-60-plan, but shall not impose on the facility any requirement
conflicting with the comprehensive treatment program of the
facility.
   Sec. 105.  Section 125.43, Code 2023, is amended to read as
follows:
   125.43  Funding at mental health institutes.
   Chapter 230 governs the determination of the costs
and payment for treatment provided to persons with
substance-related disorders a substance use disorderin a
mental health institute under the department of human services,
except that the charges are not a lien on real estate owned
by persons legally liable for support of the person with a
substance-related substance use disorder and the daily per diem
shall be billed at twenty-five percent. The superintendent of
a state hospital mental health institute shall total only those
expenditures which can be attributed to the cost of providing
inpatient treatment to persons with substance-related disorders
 a substance use disorder for purposes of determining the daily
per diem. Section 125.44 governs the determination of who is
legally liable for the cost of care, maintenance, and treatment
of a person with a substance-related substance use disorder and
of the amount for which the person is liable.
   Sec. 106.  Section 125.43A, Code 2023, is amended to read as
follows:
   125.43A  Prescreening — exception.
   Except in cases of medical emergency or court-ordered
admissions, a person shall be admitted to a state mental health
institute for treatment of a substance-related substance use
disorder only after a preliminary intake and assessment by a
department-licensed treatment facility or a hospital providing
care or treatment for persons with substance-related disorders
 a substance use disorder licensed under chapter 135B and
accredited by the joint commission on the accreditation of
health care organizations, the commission on accreditation
of rehabilitation facilities, the American osteopathic
-61-association, or another recognized organization approved by
the board council, or by a designee of a department-licensed
treatment facility or a hospital other than a state mental
health institute, which confirms that the admission is
appropriate to the person’s substance-related substance use
disorder service needs. A county board of supervisors may seek
an admission of a patient to a state mental health institute
who has not been confirmed for appropriate admission and the
county shall be responsible for one hundred percent of the cost
of treatment and services of the patient.
   Sec. 107.  Section 125.44, Code 2023, is amended to read as
follows:
   125.44  Agreements with facilities — liability for costs.
   1.  The director may, consistent with the comprehensive
substance abuse use disorder program, enter into written
agreements with a facility as defined in section 125.2 to pay
for one hundred percent of the cost of the care, maintenance,
and treatment of persons with substance-related disorders a
substance use disorder
, except when section 125.43A applies.
All payments for state patients shall be made in accordance
with the limitations of this section. Such contracts shall be
for a period of no more than one year.
   2.  The contract may be in the form and contain provisions
as agreed upon by the parties. The contract shall provide
that the facility shall admit and treat persons with
substance-related disorders a substance use disorder regardless
of where they have residence. If one payment for care,
maintenance, and treatment is not made by the patient or
those legally liable for the patient, the payment shall be
made by the department directly to the facility. Payments
shall be made each month and shall be based upon the rate of
payment for services negotiated between the department and the
contracting facility. If a facility projects a temporary cash
flow deficit, the department may make cash advances at the
beginning of each fiscal year to the facility. The repayment
-62-schedule for advances shall be part of the contract between the
department and the facility. This section does not pertain to
patients treated at the mental health institutes.
   3.  If the appropriation to the department is insufficient
to meet the requirements of this section, the department shall
request a transfer of funds and section 8.39 shall apply.
   4.  The person with a substance-related substance use
disorder is legally liable to the facility for the total amount
of the cost of providing care, maintenance, and treatment for
the person with a substance-related substance use disorder
while a voluntary or committed patient in a facility. This
section does not prohibit any individual from paying any
portion of the cost of treatment.
   5.  The department is liable for the cost of care, treatment,
and maintenance of persons with substance-related disorders a
substance use disorder
admitted to the facility voluntarily or
pursuant to section 125.75, 125.81, or 125.91 or section 321J.3
or 124.409 only to those facilities that have a contract with
the department under this section, only for the amount computed
according to and within the limits of liability prescribed by
this section, and only when the person with a substance-related
 substance use disorder is unable to pay the costs and there is
no other person, firm, corporation, or insurance company bound
to pay the costs.
   6.  The department’s maximum liability for the costs of care,
treatment, and maintenance of persons with substance-related
disorders
 a substance use disorder in a contracting facility
is limited to the total amount agreed upon by the parties and
specified in the contract under this section.
   Sec. 108.  Section 125.46, Code 2023, is amended to read as
follows:
   125.46  County of residence determined.
   The facility shall, when a person with a substance-related
 substance use disorder is admitted, or as soon thereafter as
it receives the proper information, determine and enter upon
-63-its records the Iowa county of residence of the person with a
substance-related substance use disorder, or that the person
resides in some other state or country, or that the person is
unclassified with respect to residence.
   Sec. 109.  Section 125.55, Code 2023, is amended to read as
follows:
   125.55  Audits.
   All licensed substance abuse use disorder programs are
subject to annual audit either by the auditor of state or in
lieu of an audit by the auditor of state the substance abuse
 use disorder program may contract with or employ certified
public accountants to conduct the audit, in accordance with
sections 11.6, 11.14, and 11.19. The audit format shall be
as prescribed by the auditor of state. The certified public
accountant shall submit a copy of the audit to the director. A
licensed substance abuse use disorder program is also subject
to special audits as the director requests. The licensed
substance abuse use disorder program or the department shall
pay all expenses incurred by the auditor of state in conducting
an audit under this section.
   Sec. 110.  Section 125.58, Code 2023, is amended to read as
follows:
   125.58  Inspection — penalties.
   1.  If the department has probable cause to believe that
an institution, place, building, or agency not licensed as
a substance abuse use disorder treatment and rehabilitation
facility is in fact a substance abuse use disorder treatment
and rehabilitation facility as defined by this chapter, and
is not exempt from licensing by section 125.13, subsection 2,
the board council may order an inspection of the institution,
place, building, or agency. If the inspector upon presenting
proper identification is denied entry for the purpose of making
the inspection, the inspector may, with the assistance of
the county attorney of the county in which the premises are
located, apply to the district court for an order requiring
-64-the owner or occupant to permit entry and inspection of the
premises to determine whether there have been violations
of this chapter. The investigation may include review of
records, reports, and documents maintained by the facility
and interviews with staff members consistent with the
confidentiality safeguards of state and federal law.
   2.  A person establishing, conducting, managing, or
operating a substance abuse use disorder treatment and
rehabilitation facility without a license is guilty of a
serious misdemeanor. Each day of continued violation after
conviction or notice from the department by certified mail of a
violation shall be considered a separate offense or chargeable
offense. A person establishing, conducting, managing or
operating a substance abuse use disorder treatment and
rehabilitation facility without a license may be temporarily
or permanently restrained therefrom by a court of competent
jurisdiction in an action brought by the state.
   3.  Notwithstanding the existence or pursuit of any other
remedy, the department may, in the manner provided by law,
maintain an action in the name of the state for injunction or
other process against a person or governmental unit to restrain
or prevent the establishment, conduct, management or operation
of a substance abuse use disorder treatment and rehabilitation
facility without a license.
   Sec. 111.  Section 125.59, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
   Of these funds, notwithstanding section 125.13, subsection
1, one-half of the transferred amount shall be used for grants
to counties operating a substance abuse use disorder program
involving only education, prevention, referral or posttreatment
services, either with the counties’ own employees or by
contract with a nonprofit corporation. The grants shall not
annually exceed ten thousand dollars to any one county, subject
to the following conditions:
-65-
   Sec. 112.  Section 125.59, subsection 1, paragraph b, Code
2023, is amended to read as follows:
   b.  If the transferred amount for this subsection exceeds
grant requests funded to the ten thousand dollar maximum,
the department of public health may use the remainder for
activities and public information resources that align with
best practices for substance-related substance use disorder
prevention or to increase grants pursuant to subsection 2.
   Sec. 113.  Section 125.75, subsection 1, Code 2023, is
amended to read as follows:
   1.  Proceedings for the involuntary commitment or treatment
of a person with a substance-related substance use disorder
to a facility pursuant to this chapter or for the involuntary
hospitalization of a person pursuant to chapter 229 may
be commenced by any interested person by filing a verified
application with the clerk of the district court of the
county where the respondent is presently located or which
is the respondent’s place of residence. The clerk or the
clerk’s designee shall assist the applicant in completing the
application.
   Sec. 114.  Section 125.75, subsection 2, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
   (1)  A substance-related substance use disorder as defined
in section 125.2.
   Sec. 115.  Section 125.80, subsections 3 and 4, Code 2023,
are amended to read as follows:
   3.  If the report of a court-designated licensed physician
and surgeon or osteopathic physician and surgeon or mental
health professional is to the effect that the respondent is
not a person with a substance-related substance use disorder,
the court, without taking further action, shall terminate the
proceeding and dismiss the application on its own motion and
without notice.
   4.  If the report of a court-designated licensed physician
and surgeon or osteopathic physician and surgeon or mental
-66-health professional is to the effect that the respondent is a
person with a substance-related substance use disorder, the
court shall schedule a commitment hearing as soon as possible.
The hearing shall be held not more than forty-eight hours
after the report is filed, excluding Saturdays, Sundays, and
holidays, unless an extension for good cause is requested
by the respondent, or as soon thereafter as possible if the
court considers that sufficient grounds exist for delaying the
hearing.
   Sec. 116.  Section 125.81, subsection 1, Code 2023, is
amended to read as follows:
   1.  If a person filing an application requests that a
respondent be taken into immediate custody, and the court upon
reviewing the application and accompanying documentation, finds
probable cause to believe that the respondent is a person with
a substance-related substance use disorder who is likely to
injure the person or other persons if allowed to remain at
liberty, the court may enter a written order directing that
the respondent be taken into immediate custody by the sheriff,
and be detained until the commitment hearing, which shall
be held no more than five days after the date of the order,
except that if the fifth day after the date of the order is
a Saturday, Sunday, or a holiday, the hearing may be held on
the next business day. The court may order the respondent
detained for the period of time until the hearing is held, and
no longer except as provided in section 125.88, in accordance
with subsection 2, paragraph “a”, if possible, and if not, then
in accordance with subsection 2, paragraph “b”, or, only if
neither of these alternatives is available in accordance with
subsection 2, paragraph “c”.
   Sec. 117.  Section 125.81, subsection 2, paragraph c, Code
2023, is amended to read as follows:
   c.  In the nearest facility which is licensed to care for
persons with mental illness or substance abuse use disorder,
provided that detention in a jail or other facility intended
-67-for confinement of those accused or convicted of a crime shall
not be ordered.
   Sec. 118.  Section 125.82, subsections 3 and 4, Code 2023,
are amended to read as follows:
   3.  The person who filed the application and a licensed
physician and surgeon or osteopathic physician and surgeon,
mental health professional, or certified alcohol and drug
counselor certified by the nongovernmental Iowa board of
substance abuse certification who has examined the respondent
in connection with the commitment hearing shall be present
at the hearing, unless the court for good cause finds that
their presence or testimony is not necessary. The applicant,
respondent, and the respondent’s attorney may waive the
presence or telephonic appearance of the licensed physician
and surgeon or osteopathic physician and surgeon, mental
health professional, or certified alcohol and drug counselor
who examined the respondent and agree to submit as evidence
the written report of the licensed physician and surgeon or
osteopathic physician and surgeon, mental health professional,
or certified alcohol and drug counselor. The respondent’s
attorney shall inform the court if the respondent’s attorney
reasonably believes that the respondent, due to diminished
capacity, cannot make an adequately considered waiver decision.
“Good cause” for finding that the testimony of the licensed
physician and surgeon or osteopathic physician and surgeon,
mental health professional, or certified alcohol and drug
counselor who examined the respondent is not necessary may
include, but is not limited to, such a waiver. If the court
determines that the testimony of the licensed physician and
surgeon or osteopathic physician and surgeon, mental health
professional, or certified alcohol and drug counselor is
necessary, the court may allow the licensed physician and
surgeon or osteopathic physician and surgeon, mental health
professional, or certified alcohol and drug counselor to
testify by telephone. The respondent shall be present at the
-68-hearing unless prior to the hearing the respondent’s attorney
stipulates in writing that the attorney has conversed with the
respondent, and that in the attorney’s judgment the respondent
cannot make a meaningful contribution to the hearing, or that
the respondent has waived the right to be present, and the
basis for the attorney’s conclusions. A stipulation to the
respondent’s absence shall be reviewed by the court before the
hearing, and may be rejected if it appears that insufficient
grounds are stated or that the respondent’s interests would not
be served by the respondent’s absence.
   4.  The respondent’s welfare is paramount, and the hearing
shall be tried as a civil matter and conducted in as informal a
manner as is consistent with orderly procedure. The hearing
may be held by video conference at the discretion of the
court. Discovery as permitted under the Iowa rules of civil
procedure is available to the respondent. The court shall
receive all relevant and material evidence, but the court is
not bound by the rules of evidence. A presumption in favor of
the respondent exists, and the burden of evidence and support
of the contentions made in the application shall be upon the
person who filed the application. If upon completion of the
hearing the court finds that the contention that the respondent
is a person with a substance-related substance use disorder has
not been sustained by clear and convincing evidence, the court
shall deny the application and terminate the proceeding.
   Sec. 119.  Section 125.83, Code 2023, is amended to read as
follows:
   125.83  Placement for evaluation.
   If upon completion of the commitment hearing, the court
finds that the contention that the respondent is a person with
a substance-related substance use disorder has been sustained
by clear and convincing evidence, the court shall order the
respondent placed at a facility or under the care of a suitable
facility on an outpatient basis as expeditiously as possible
for a complete evaluation and appropriate treatment. The
-69-court shall furnish to the facility at the time of admission
or outpatient placement, a written statement of facts setting
forth the evidence on which the finding is based. The
administrator of the facility shall report to the court no
more than fifteen days after the individual is admitted to or
placed under the care of the facility, which shall include the
chief medical officer’s recommendation concerning treatment
of a substance-related substance use disorder. An extension
of time may be granted for a period not to exceed seven days
upon a showing of good cause. A copy of the report shall be
sent to the respondent’s attorney who may contest the need
for an extension of time if one is requested. If the request
is contested, the court shall make an inquiry as it deems
appropriate and may either order the respondent released
from the facility or grant an extension of time for further
evaluation. If the administrator fails to report to the court
within fifteen days after the individual is admitted to the
facility, and no extension of time has been requested, the
administrator is guilty of contempt and shall be punished
under chapter 665. The court shall order a rehearing on the
application to determine whether the respondent should continue
to be held at the facility.
   Sec. 120.  Section 125.83A, subsection 1, Code 2023, is
amended to read as follows:
   1.  If upon completion of the commitment hearing, the court
finds that the contention that the respondent is a person with
a substance-related substance use disorder has been sustained
by clear and convincing evidence, and the court is furnished
evidence that the respondent is eligible for care and treatment
in a facility operated by the United States department of
veterans affairs or another agency of the United States
government and that the facility is willing to receive the
respondent, the court may so order. The respondent, when so
placed in a facility operated by the United States department
of veterans affairs or another agency of the United States
-70-government within or outside of this state, shall be subject to
the rules of the United States department of veterans affairs
or other agency, but shall not lose any procedural rights
afforded the respondent by this chapter. The chief officer
of the facility shall have, with respect to the respondent
so placed, the same powers and duties as the chief medical
officer of a hospital in this state would have in regard to
submission of reports to the court, retention of custody,
transfer, convalescent leave, or discharge. Jurisdiction
is retained in the court to maintain surveillance of the
respondent’s treatment and care, and at any time to inquire
into the respondent’s condition and the need for continued care
and custody.
   Sec. 121.  Section 125.84, Code 2023, is amended to read as
follows:
   125.84  Evaluation report.
   The facility administrator’s report to the court of the
chief medical officer’s substance abuse use disorder evaluation
of the respondent shall be made no later than the expiration of
the time specified in section 125.83. At least two copies of
the report shall be filed with the clerk, who shall distribute
the copies in the manner described by section 125.80,
subsection 2. The report shall state one of the four following
alternative findings:
   1.  That the respondent does not, as of the date of the
report, require further treatment for substance abuse use
disorder
. If the report so states, the court shall order the
respondent’s immediate release from involuntary commitment and
terminate the proceedings.
   2.  That the respondent is a person with a substance-related
 substance use disorder who is in need of full-time custody,
care, and treatment in a facility, and is considered likely
to benefit from treatment. If the report so states, the
court shall enter an order which may require the respondent’s
continued placement and commitment to a facility for
-71-appropriate treatment.
   3.  That the respondent is a person with a substance-related
 substance use disorder who is in need of treatment, but does
not require full-time placement in a facility. If the report
so states, the report shall include the chief medical officer’s
recommendation for treatment of the respondent on an outpatient
or other appropriate basis, and the court shall enter an order
which may direct the respondent to submit to the recommended
treatment. The order shall provide that if the respondent
fails or refuses to submit to treatment, as directed by the
court’s order, the court may order that the respondent be
taken into immediate custody as provided by section 125.81
and, following notice and hearing held in accordance with
the procedures of sections 125.77 and 125.82, may order the
respondent treated as a patient requiring full-time custody,
care, and treatment as provided in subsection 2, and may order
the respondent involuntarily committed to a facility.
   4.  That the respondent is a person with a substance-related
 substance use disorder who is in need of treatment, but in
the opinion of the chief medical officer is not responding to
the treatment provided. If the report so states, the report
shall include the facility administrator’s recommendation for
alternative placement, and the court shall enter an order
which may direct the respondent’s transfer to the recommended
placement or to another placement after consultation with the
respondent’s attorney and the facility administrator who made
the report under this subsection.
   Sec. 122.  Section 125.85, subsection 1, Code 2023, is
amended to read as follows:
   1.  A respondent committed under section 125.84, subsection
2, shall remain in the custody of a facility for treatment
for a period of thirty days, unless sooner discharged. The
department is not required to pay the cost of any medication or
procedure provided to the respondent during that period which
is not necessary or appropriate to the specific objectives
-72-of detoxification and treatment of substance abuse use
disorder
. At the end of the thirty-day period, the respondent
shall be discharged automatically unless the administrator
of the facility, before expiration of the period, obtains a
court order for the respondent’s recommitment pursuant to an
application under section 125.75, for a further period not to
exceed ninety days.
   Sec. 123.  Section 125.91, Code 2023, is amended to read as
follows:
   125.91  Emergency detention.
   1.  The procedure prescribed by this section shall only
be used for a person with a substance-related substance
use
disorder due to intoxication or substance-induced
incapacitation who has threatened, attempted, or inflicted
physical self-harm or harm on another, and is likely to inflict
physical self-harm or harm on another unless immediately
detained, or who is incapacitated by a substance, if an
application has not been filed naming the person as the
respondent pursuant to section 125.75 and the person cannot be
ordered into immediate custody and detained pursuant to section
125.81.
   2.  a.  A peace officer who has reasonable grounds to believe
that the circumstances described in subsection 1 are applicable
may, without a warrant, take or cause that person to be taken
to the nearest available facility referred to in section
125.81, subsection 2, paragraph “b” or “c”. Such a person with
a substance-related substance use disorder due to intoxication
or substance-induced incapacitation who also demonstrates
a significant degree of distress or dysfunction may also
be delivered to a facility by someone other than a peace
officer upon a showing of reasonable grounds. Upon delivery
of the person to a facility under this section, the attending
physician and surgeon or osteopathic physician and surgeon may
order treatment of the person, but only to the extent necessary
to preserve the person’s life or to appropriately control
-73-the person’s behavior if the behavior is likely to result in
physical injury to the person or others if allowed to continue.
The peace officer or other person who delivered the person to
the facility shall describe the circumstances of the matter to
the attending physician and surgeon or osteopathic physician
and surgeon. If the person is a peace officer, the peace
officer may do so either in person or by written report.
   b.  If the attending physician and surgeon or osteopathic
physician and surgeon has reasonable grounds to believe that
the circumstances in subsection 1 are applicable, the facility
shall have the authority to detain the person for a period of
no longer than twelve hours. Within twelve hours of detaining
a person pursuant to this section, the attending physician
shall communicate with the nearest available magistrate.
   c.  Once contacted pursuant to paragraph “b”, the magistrate
shall, based upon the circumstances described by the attending
physician and surgeon or osteopathic physician and surgeon,
give the attending physician and surgeon or osteopathic
physician and surgeon oral instructions either directing that
the person be released forthwith, or authorizing the person’s
detention in an appropriate facility. The magistrate may also
give oral instructions and order that the detained person be
transported to an appropriate facility.
   d.  If the magistrate orders that the person be detained, the
magistrate shall, by the close of business on the next working
day, file a written order with the clerk in the county where it
is anticipated that an application may be filed under section
125.75. The order may be filed by facsimile if necessary. The
order shall state the circumstances under which the person was
taken into custody or otherwise brought to a facility and the
grounds supporting the finding of probable cause to believe
that the person is a person with a substance-related substance
use
disorder likely to result in physical injury to the person
or others if not detained. The order shall confirm the oral
order authorizing the person’s detention including any order
-74-given to transport the person to an appropriate facility. The
clerk shall provide a copy of that order to the attending
physician and surgeon or osteopathic physician and surgeon at
the facility to which the person was originally taken, any
subsequent facility to which the person was transported, and
to any law enforcement department or ambulance service that
transported the person pursuant to the magistrate’s order.
   3.  The attending physician and surgeon or osteopathic
physician and surgeon shall examine and may detain the person
pursuant to the magistrate’s order for a period not to exceed
forty-eight hours from the time the order is dated, excluding
Saturdays, Sundays, and holidays, unless the order is dismissed
by a magistrate. The facility may provide treatment which is
necessary to preserve the person’s life or to appropriately
control the person’s behavior if the behavior is likely to
result in physical injury to the person or others if allowed
to continue or is otherwise deemed medically necessary by
the attending physician and surgeon or osteopathic physician
and surgeon or mental health professional, but shall not
otherwise provide treatment to the person without the person’s
consent. The person shall be discharged from the facility and
released from detention no later than the expiration of the
forty-eight-hour period, unless an application for involuntary
commitment is filed with the clerk pursuant to section 125.75.
The detention of a person by the procedure in this section, and
not in excess of the period of time prescribed by this section,
shall not render the peace officer, attending physician and
surgeon or osteopathic physician and surgeon, or facility
detaining the person liable in a criminal or civil action
for false arrest or false imprisonment if the peace officer,
attending physician and surgeon or osteopathic physician
and surgeon, mental health professional, or facility had
reasonable grounds to believe that the circumstances described
in subsection 1 were applicable.
   4.  The cost of detention in a facility under the procedure
-75-prescribed in this section shall be paid in the same way as if
the person had been committed to the facility pursuant to an
application filed under section 125.75.
   Sec. 124.  Section 125.93, Code 2023, is amended to read as
follows:
   125.93  Commitment records — confidentiality.
   Records of the identity, diagnosis, prognosis, or treatment
of a person which are maintained in connection with the
provision of substance abuse use disorder treatment services
are confidential, consistent with the requirements of section
125.37, and with the federal confidentiality regulations
authorized by the federal Drug Abuse Office and Treatment Act,
42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
U.S.C. §290dd-2. However, such records may be disclosed to an
employee of the department of corrections, if authorized by the
director of the department of corrections, or to an employee
of a judicial district department of correctional services, if
authorized by the director of the judicial district department
of correctional services.
   Sec. 125.  Section 135.1, Code 2023, is amended to read as
follows:
   135.1  Definitions.
   For the purposes of chapter 155 and Title IV, subtitle 2,
excluding chapter 146, unless otherwise defined:
   1.  “Director” shall mean means the director of public health
 and human services.
   2.  “Health officer” means the physician, physician
assistant, advanced registered nurse practitioner, or advanced
practice registered nurse who is the health officer of the
local board of health.
   3.  “Local board” shall mean means the local board of health.
   4.  “Physician” means a person licensed to practice
medicine and surgery, osteopathic medicine and surgery,
chiropractic, podiatry, or optometry under the laws of this
-76-state; but a person licensed as a physician and surgeon shall
be designated as a “physician” or “surgeon”, a person licensed
as an osteopathic physician and surgeon shall be designated
as an “osteopathic physician” or “osteopathic surgeon”, a
person licensed as a chiropractor shall be designated as a
“chiropractor”, a person licensed as a podiatrist shall be
designated as a “podiatric physician”, and a person licensed
as an optometrist shall be designated as an “optometrist”. A
definition or designation contained in this subsection shall
not be interpreted to expand the scope of practice of such
licensees.
   5.  “Rules” shall include regulations and orders.
   6.  “State department” or “department” shall mean means the
Iowa department of public health and human services.
   Sec. 126.  Section 135.11, Code 2023, is amended to read as
follows:
   135.11  Duties Public health duties of department.
   The director of public health shall be the head of the “Iowa
Department of Public Health”, which
 department shall:
   1.  Exercise general supervision over the public health,
promote public hygiene and sanitation, prevent substance abuse
 use disorder and unless otherwise provided, enforce the laws
relating to the same.
   2.  Conduct campaigns for the education of the people in
hygiene and sanitation.
   3.  Issue monthly health bulletins containing fundamental
health principles and other health data deemed of public
interest.
   4.  Make investigations and surveys in respect to the
causes of disease and epidemics, and the effect of locality,
employment, and living conditions upon the public health. For
this purpose the department may use the services of the experts
connected with the state hygienic laboratory at the state
university of Iowa
.
   5.  Establish stations throughout the state for the
-77-distribution of antitoxins and vaccines to physicians,
druggists pharmacists, and other persons, at cost. All
antitoxin and vaccine thus distributed shall be labeled “Iowa
Department of Public Health and Human Services”.
   6.  Exercise general supervision over the administration and
enforcement of the sexually transmitted diseases and infections
law, chapter 139A, subchapter II.
   7.  Exercise sole jurisdiction over the disposal and
transportation of the dead bodies of human beings and prescribe
the methods to be used in preparing such bodies for disposal
and transportation. However, the department may approve
a request for an exception to the application of specific
embalming and disposition rules adopted pursuant to this
subsection if such rules would otherwise conflict with tenets
and practices of a recognized religious denomination to which
the deceased individual adhered or of which denomination the
deceased individual was a member. The department shall inform
the board of mortuary science of any such approved exception
which may affect services provided by a funeral director
licensed pursuant to chapter 156.
   8.  Establish, publish, and enforce rules which require
companies, corporations, and other entities to obtain a permit
from the department prior to scattering cremated human remains.
   9.  Exercise general supervision over the administration and
enforcement of the vital statistics law, chapter 144.
   10.  Enforce the law relative to chapter 146 and
“Health-related Professions”, Title IV, subtitle 3, excluding
chapter 155.
   11.  Establish and maintain divisions as are necessary
for the proper enforcement of the laws administered by the
department.
   12.  Establish, publish, and enforce rules not inconsistent
with law for the enforcement of the provisions of chapter 125
and 155, and Title IV, subtitle 2, excluding chapter 146 and
for the enforcement of the various laws, the administration and
-78-supervision of which are imposed upon the department.
   13.    10.  Administer healthy aging and essential public
health services by approving grants of state funds to the local
boards of health for the purposes of promoting healthy aging
throughout the lifespan and enhancing health promotion and
disease prevention services, and by providing guidelines for
the approval of the grants and allocation of the state funds.
Guidelines, evaluation requirements and formula allocation
procedures for the services shall be established by the
department by rule.
   14.    11.  Administer chapters 125, 136A, 136C, 139A, 142,
142A, 144, and 147A.
   15.  Issue an annual report to the governor as provided in
section 7E.3, subsection 4.
   16.    12.  Consult with the office of statewide clinical
education programs at the university of Iowa college of
medicine and annually submit a report to the general assembly
by January 15 verifying the number of physicians in active
practice in Iowa by county who are engaged in providing
obstetrical care. To the extent data are readily available,
the report shall include information concerning the number
of deliveries per year by specialty and county, the age of
physicians performing deliveries, and the number of current
year graduates of the university of Iowa college of medicine
and the Des Moines university — osteopathic medical center
entering into residency programs in obstetrics, gynecology,
and family practice. The report may include additional
data relating to access to obstetrical services that may be
available.
   17.    13.  Administer the statewide maternal and child health
program and the program for children with disabilities by
conducting mobile and regional child health specialty clinics
and conducting other activities to improve the health of
low-income women and children and to promote the welfare of
children with actual or potential conditions which may cause
-79-disabilities and children with chronic illnesses in accordance
with the requirements of Tit.V of the federal Social Security
Act. The department shall provide technical assistance to
encourage the coordination and collaboration of state agencies
in developing outreach centers which provide publicly supported
services for pregnant women, infants, and children. The
department shall also, through cooperation and collaborative
agreements with the department of human services and the
mobile and regional child health specialty clinics, establish
common intake proceedings for maternal and child health
services. The department shall work in cooperation with the
legislative services agency in monitoring the effectiveness of
the maternal and child health centers, including the provision
of transportation for patient appointments and the keeping of
scheduled appointments.
   18.    14.  Establish, publish, and enforce rules requiring
prompt reporting of methemoglobinemia, pesticide poisoning, and
the reportable poisonings and illnesses established pursuant
to section 139A.21.
   19.    15.  Collect and maintain reports of pesticide
poisonings and other poisonings, illnesses, or injuries
caused by selected chemical or physical agents,
including methemoglobinemia and pesticide and fertilizer
hypersensitivity; and compile and publish, annually, a
statewide and county-by-county profile based on the reports.
   20.    16.  Adopt rules which require personnel of a licensed
hospice, of a homemaker-home health aide provider agency
which receives state homemaker-home health aide funds, or of
an agency which provides respite care services and receives
funds to complete training concerning blood-borne pathogens,
including human immunodeficiency virus and viral hepatitis,
consistent with standards from the federal occupational safety
and health administration.
   21.    17.  Adopt rules which require all emergency medical
services personnel, fire fighters, and law enforcement
-80-personnel to complete training concerning blood-borne
pathogens, including human immunodeficiency virus and
viral hepatitis, consistent with standards from the federal
occupational safety and health administration.
   22.    18.  Adopt rules which provide for the testing of a
convicted or alleged offender for the human immunodeficiency
virus pursuant to sections 915.40 through 915.43. The rules
shall provide for the provision of counseling, health care, and
support services to the victim.
   23.    19.  Establish ad hoc and advisory committees to the
director in areas where technical expertise is not otherwise
readily available. Members may be compensated for their actual
and necessary expenses incurred in the performance of their
duties. To encourage health consumer participation, public
members may also receive a per diem as specified in section
7E.6 if funds are available and the per diem is determined
to be appropriate by the director. Expense moneys paid to
the members shall be paid from funds appropriated to the
department. A majority of the members of such a committee
constitutes a quorum.
   24.    20.  Administer annual grants to county boards of health
for the purpose of conducting programs for the testing of
private water supply wells, the closing of abandoned private
water supply wells, and the renovation or rehabilitation of
private water supply wells. Grants shall be funded through
moneys transferred to the department from the agriculture
management account of the groundwater protection fund pursuant
to section 455E.11, subsection 2, paragraph “b”, subparagraph
(2), subparagraph division (b). The department shall adopt
rules relating to the awarding of the grants.
   25.    21.  Establish and administer, if sufficient funds
are available to the department, a program to assess and
forecast health workforce supply and demand in the state for
the purpose of identifying current and projected workforce
needs. The program may collect, analyze, and report data that
-81-furthers the purpose of the program. The program shall not
release information that permits identification of individual
respondents of program surveys.
   26.    22.  In consultation with the advisory committee for
perinatal guidelines, develop and maintain the statewide
perinatal program based on the recommendations of the American
academy of pediatrics and the American college of obstetricians
and gynecologists contained in the most recent edition of
the guidelines for perinatal care, and shall adopt rules in
accordance with chapter 17A to implement those recommendations.
Hospitals within the state shall determine whether to
participate in the statewide perinatal program, and select the
hospital’s level of participation in the program. A hospital
having determined to participate in the program shall comply
with the guidelines appropriate to the level of participation
selected by the hospital. Perinatal program surveys and
reports are privileged and confidential and are not subject to
discovery, subpoena, or other means of legal compulsion for
their release to a person other than the affected hospital, and
are not admissible in evidence in a judicial or administrative
proceeding other than a proceeding involving verification of
the participating hospital under this subsection.
   27.    23.  In consultation with the department of corrections,
the antibiotic resistance task force, and the American
federation of state, county and municipal employees, develop
educational programs to increase awareness and utilization of
infection control practices in institutions listed in section
904.102.
   28.    24.  Administer the Iowa youth survey, in collaboration
with other state agencies, as appropriate, every two years to
students in grades six, eight, and eleven in Iowa’s public
and nonpublic schools. Survey data shall be evaluated and
reported, with aggregate data available online at the Iowa
youth survey internet site.
   Sec. 127.  Section 135.14, Code 2023, is amended to read as
-82-follows:
   135.14  State public health dental director — duties program.
   1.  The position of state public health dental director is
established within the department.
   2.  The dental director department shall perform all of the
following duties:
   a.    1.  Plan and direct all work activities of the statewide
public health dental program.
   b.    2.  Develop comprehensive dental initiatives for
prevention activities.
   c.    3.  Evaluate the effectiveness of the statewide public
health dental program and of program personnel.
   d.  Manage the oral and health delivery systems bureau
including direction, supervision, and fiscal management of
bureau staff.
   e.    4.  Other related work as required.
   Sec. 128.  Section 135.15, Code 2023, is amended to read as
follows:
   135.15  Oral and health delivery systems bureau established —
responsibilities
.
   An oral and health delivery systems bureau is established
within the division of health promotion and chronic disease
prevention of the department.
The bureau department shall be
responsible for all of the following:
   1.  Providing population-based oral health services,
including public health training, improvement of dental support
systems for families, technical assistance, awareness-building
activities, and educational services, at the state and local
level to assist Iowans in maintaining optimal oral health
throughout all stages of life.
   2.  Performing infrastructure building and enabling services
through the administration of state and federal grant programs
targeting access improvement, prevention, and local oral
health programs utilizing maternal and child health programs,
Medicaid, and other new or existing programs.
-83-
   3.  Leveraging federal, state, and local resources for
programs under the purview of the bureau department.
   4.  Facilitating ongoing strategic planning and application
of evidence-based research in oral health care policy
development that improves oral health care access and the
overall oral health of all Iowans.
   5.  Developing and implementing an ongoing oral health
surveillance system for the evaluation and monitoring of
the oral health status of children and other underserved
populations.
   6.  Facilitating the provision of oral health services
through dental homes. For the purposes of this section,
“dental home” means a network of individualized care based on
risk assessment, which includes oral health education, dental
screenings, preventive services, diagnostic services, treatment
services, and emergency services.
   Sec. 129.  Section 135.16A, subsection 2, Code 2023, is
amended to read as follows:
   2.  a.  The department of inspections and appeals shall
assist the Iowa department of public health in adopting rules
necessary to implement and administer this section.
   b.  If necessary to implement, administer, and enforce this
section, the Iowa department of public health, in cooperation
with the department of agriculture and land stewardship, shall
submit a request to the United States department of agriculture
for a waiver or other exception from regulations as deemed
feasible by the Iowa department of public health. The Iowa
department of public health shall regularly report the status
of such request to the legislative services agency.
   Sec. 130.  Section 135.22A, subsection 2, Code 2023, is
amended to read as follows:
   2.  The advisory council on brain injuries is established.
The following persons or their designees shall serve as ex
officio, nonvoting members of the council:
   a.  The director of public health and human services or the
-84-director’s designee
.
   b.  The director of human services and any division
administrators of the department of human services so assigned
by the director.
   c.    b.  The director of the department of education.
   d.    c.  The chief of the special education bureau of the
department of education.
   e.    d.  The administrator of the division of vocational
rehabilitation services of the department of education
 workforce development.
   f.    e.  The director of the department for the blind.
   Sec. 131.  Section 135.22B, subsections 1, 2, 6, and 7, Code
2023, are amended to read as follows:
   1.  Definitions.  For the purposes of this section:,
   a.  “Brain injury services waiver” “brain injury services
waiver”
means the state’s medical assistance home and
community-based services waiver for persons with brain injury
implemented under chapter 249A.
   b.  “Program administrator” means the division of the
department designated to administer the brain injury services
program in accordance with subsection 2.
   2.  Program created.
   a.  A brain injury services program is created and shall be
administered by a division of the Iowa department of public
health
in cooperation with counties and the department of human
services
.
   b.  The division of the department assigned to administer the
advisory council on brain injuries under section 135.22A shall
be the program administrator.
The division department’s duties
shall include but are not limited to serving as the fiscal
agent and contract administrator for the program and providing
program oversight.
   c.  The division department shall consult with the advisory
council on brain injuries, established pursuant to section
135.22A, regarding the program and shall report to the council
-85-concerning the program at least quarterly. The council shall
make recommendations to the department concerning the program’s
operation.
   6.  Cost-share requirements.
   a.  The cost-share component’s financial eligibility
requirements shall be established in administrative rule. In
establishing the requirements, the department shall consider
the eligibility and cost-share requirements used for the hawk-i
 Hawki program under chapter 514I.
   b.  An individual’s cost-share responsibility for services
under the cost-share component shall be determined on a
sliding scale based upon the individual’s family income. An
individual’s cost-share shall be assessed as a copayment, which
shall not exceed thirty percent of the cost payable for the
service.
   c.  The service provider shall bill the department for the
portion of the cost payable for the service that is not covered
by the individual’s copayment responsibility.
   7.  Application process.
   a.  The application materials for services under the
cost-share component of the brain injury services program
shall use the application form and other materials of the
brain injury services waiver. In order to apply for the brain
injury services program, the applicant must authorize the
department of human services to provide the applicant’s waiver
application materials to the brain injury services program.
The application materials provided shall include but are not
limited to the waiver application and any denial letter,
financial assessment, and functional assessment regarding the
person.
   b.  If a functional assessment for the waiver has not
been completed due to a person’s financial ineligibility for
the waiver, the brain injury services program may provide
for a functional assessment to determine the person’s needs
by reimbursing the department of human services for the
-86-assessment.
   c.  The program administrator department shall file copies
of the individual’s application and needs assessment with the
program resource facilitator assigned to the individual’s
geographic area.
   d.  The department’s program administrator department shall
make a final determination as to whether program funding will
be authorized under the cost-share component.
   Sec. 132.  Section 135.24, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
   The department, in consultation with the department of human
services,
shall adopt rules to implement the volunteer health
care provider program which shall include the following:
   Sec. 133.  Section 135.24A, Code 2023, is amended to read as
follows:
   135.24A  Free clinics — volunteer record check.
   1.  For purposes of this section, “free clinic” means a free
clinic as defined in section 135.24 that is also a network
of free clinics in this state that offers operational and
collaborative opportunities to free clinics.
   2.  Persons who are potential volunteers or volunteers in
a free clinic in a position having direct individual contact
with patients of the free clinic shall be subject to criminal
history and child and dependent adult abuse record checks in
accordance with this section. The free clinic shall request
that the department of public safety perform the criminal
history check and the record check evaluation system of the
department of health and human services perform child and
dependent adult abuse record checks of the person in this state
and may request these checks in other states.
   3.  A free clinic subject to this section shall establish
an evaluation process to determine whether a crime of founded
child or dependent adult abuse warrants prohibition of the
person’s participation as a volunteer in the free clinic.
The evaluation process shall not be less stringent than
-87-the evaluation process performed by the department of human
services
 record check evaluation system and shall be approved
by the department of human services.
   Sec. 134.  Section 135.25, Code 2023, is amended to read as
follows:
   135.25  Emergency medical services fund.
   An emergency medical services fund is created in the state
treasury under the control of the department. The fund
includes, but is not limited to, amounts appropriated by the
general assembly, amounts transferred pursuant to section
602.8108, subsection 4, and other moneys available from
federal or private sources which are to be used for purposes
of this section. Funds remaining in the fund at the end of
each fiscal year shall not revert to the general fund of the
state but shall remain in the emergency medical services fund,
notwithstanding section 8.33. The fund is established to
assist counties by matching, on a dollar-for-dollar basis,
moneys spent by a county for the acquisition of equipment for
the provision of emergency medical services and by providing
grants to counties for education and training in the delivery
of emergency medical services, as provided in this section and
section 422D.6. A county seeking matching funds under this
section shall apply to the emergency medical services division
of the
department. The department shall adopt rules concerning
the application and awarding process for the matching funds and
the criteria for the allocation of moneys in the fund if the
moneys are insufficient to meet the emergency medical services
needs of the counties. Moneys allocated by the department to a
county for emergency medical services purposes may be used for
equipment or training and education as determined by the board
of supervisors pursuant to section 422D.6.
   Sec. 135.  Section 135.36, Code 2023, is amended to read as
follows:
   135.36  Interference with health department officer —
penalties.
-88-
   Any person resisting or interfering with the department, its
employees, or authorized agents, in the discharge of any duty
imposed by law shall be guilty of a simple misdemeanor.
   Sec. 136.  Section 135.39, Code 2023, is amended to read as
follows:
   135.39  Federal aid.
   The state department of public health is hereby authorized
to
 may accept financial aid from the government of the United
States for the purpose of assisting in carrying on public
health or substance abuse use disorder responsibility in the
state of Iowa.
   Sec. 137.  Section 135.39B, subsection 3, Code 2023, is
amended to read as follows:
   3.  The prohibition under this section shall not apply to
early childhood immunizations for influenza or in times of
emergency or epidemic as determined by the director of public
health
. If an emergency or epidemic is determined to exist
by the director of public health under this subsection, the
director of public health shall notify the state board of
 council on health and human services, the governor, and the
legislative council, and shall notify the public upon request.
   Sec. 138.  Section 135.39E, Code 2023, is amended to read as
follows:
   135.39E  Fluoridation in public water supply — notice of
discontinuance.
   1.  At least ninety days prior to taking any action to
permanently discontinue fluoridation in its water supply, an
owner or operator of a public water supply system, as defined
in section 455B.171, shall provide notice to the oral and
health delivery systems bureau established in section 135.15
department and the public water supply system’s customers.
   2.  In order to provide notice to its customers, the owner or
operator of the public water supply system shall place a notice
on each customer’s water bill or provide notice in a way that
is reasonably calculated so that all customers will receive the
-89-notice.
   3.  Section 135.38 does not apply to violations of this
section.
   Sec. 139.  Section 135.43, Code 2023, is amended to read as
follows:
   135.43  Iowa child death review team established — duties.
   1.  An Iowa child death review team is established as part
of the office of the state medical examiner
 in the department.
The office of the state medical examiner department shall
provide staffing and administrative support to the team.
   2.  The membership of the review team is subject to the
provisions of sections 69.16 and 69.16A, relating to political
affiliation and gender balance. Review team members who
are not designated by another appointing authority shall be
appointed by the state medical examiner director. Membership
terms shall be for three years. A membership vacancy shall be
filled in the same manner as the original appointment. The
review team shall elect a chairperson and other officers as
deemed necessary by the review team. The review team shall
meet upon the call of the state medical examiner director or as
determined by the review team. The review team shall include
the following:
   a.  The state medical examiner or the state medical
examiner’s designee.
   b.  A certified or licensed professional who is knowledgeable
concerning sudden infant death syndrome.
   c.  A pediatrician who is knowledgeable concerning deaths of
children.
   d.  A family practice physician who is knowledgeable
concerning deaths of children.
   e.  One mental health professional who is knowledgeable
concerning deaths of children.
   f.  One social worker who is knowledgeable concerning deaths
of children.
   g.  A certified or licensed professional who is knowledgeable
-90-concerning domestic violence.
   h.  A professional who is knowledgeable concerning substance
abuse use disorder.
   i.  A local law enforcement official.
   j.  A county attorney.
   k.  An emergency room nurse who is knowledgeable concerning
the deaths of children.
   l.  A perinatal expert.
   m.  A representative of the health insurance industry.
   n.  One other member who is appointed at large.
   3.  The review team shall perform the following duties:
   a.  Collect, review, and analyze child death certificates and
child death data, including patient records or other pertinent
confidential information concerning the deaths of children
under age eighteen, and other information as the review team
deems appropriate for use in preparing an annual report to the
governor and the general assembly concerning the causes and
manner of child deaths. The report shall include analysis of
factual information obtained through review and recommendations
regarding prevention of child deaths.
   b.  Recommend to the governor and the general assembly
interventions to prevent deaths of children based on an
analysis of the cause and manner of such deaths.
   c.  Recommend to the agencies represented on the review team
changes which may prevent child deaths.
   d.  Except as authorized by this section, maintain the
confidentiality of any patient records or other confidential
information reviewed.
   e.  Recommend to the department of human services,
appropriate law enforcement agencies, and any other person
involved with child protection, interventions that may prevent
harm to a child who is related to or is living in the same home
as a child whose case is reviewed by the team.
   f.  If the sharing of information is necessary to assist in
or initiate a child death investigation or criminal prosecution
-91-and the office or agency receiving the information does not
otherwise have access to the information, share information
possessed by the review team with the office of the attorney
general, a county attorney’s office, or an appropriate
law enforcement agency. The office or agency receiving
the information shall maintain the confidentiality of the
information in accordance with this section. Unauthorized
release or disclosure of the information received is subject to
penalty as provided in this section.
   g.  In order to assist a division of the department in
performing the division’s department’s duties, if the division
 department does not otherwise have access to the information,
share information possessed by the review team. The division
receiving
 recipient of the information shall maintain the
confidentiality of the information in accordance with this
section. Unauthorized release or disclosure of the information
received is subject to penalty as provided in this section.
   4.  The review team department shall develop protocols for a
child fatality review committee, to be appointed by the state
medical examiner
 director on an ad hoc basis, to immediately
review the child abuse assessments which involve the fatality
of a child under age eighteen. The state medical examiner
 director shall appoint a medical examiner, a pediatrician, and
a person involved with law enforcement to the committee.
   a.  The purpose of the review shall be to determine
whether the department of human services and others involved
with the case of child abuse responded appropriately. The
protocols shall provide for the committee to consult with any
multidisciplinary team, as defined in section 235A.13, that
is operating in the area in which the fatality occurred. The
protocols shall also ensure that a member of the child fatality
review committee does not have a conflict of interest regarding
the child fatality under review.

   b.  The committee shall have access to patient records
and other pertinent confidential information and, subject to
-92-the restrictions in this subsection, may redisseminate the
confidential information in the committee’s report.
   c.  Upon completion of the review, the committee shall issue
a report which shall include findings concerning the case and
recommendations for changes to prevent child fatalities when
similar circumstances exist. The report shall include but
is not limited to the following information, subject to the
restrictions listed in paragraph “d”:
   (1)  The dates, outcomes, and results of any actions taken by
the department of human services and others in regard to each
report and allegation of child abuse involving the child who
died.
   (2)  The results of any review of the case performed by a
multidisciplinary team, or by any other public entity that
reviewed the case.
   (3)  Confirmation of receipt by the department of human
services
of any report of child abuse involving the child,
including confirmation as to whether or not any assessment
involving the child was performed in accordance with section
232.71B, the results of any assessment, a description of the
most recent assessment and the services offered to the family,
the services rendered to the family, and the basis for the
department’s decisions concerning the case.
   d.  Prior to issuing the report, the committee shall consult
with the county attorney responsible for prosecution of the
alleged perpetrator of the child fatality. The committee’s
report shall include child abuse information associated with
the case and the child, but is subject to the restrictions
applicable to the department of human services for release of
information concerning a child fatality or near fatality in
accordance with section 235A.15, subsection 9.
   e.  Following the completion of the trial of any alleged
perpetrator of the child fatality and the appeal period
for the granting of a new trial, the committee shall issue
a supplemental report containing the information that was
-93-withheld, in accordance with paragraph “d”, so as not to
jeopardize the prosecution or the rights of the alleged
perpetrator to a fair trial as described in section 235A.15,
subsection 9, paragraphs “e” and “f”.
   f.  The report and any supplemental report shall be submitted
to the governor and general assembly.
   g.  If deemed appropriate by the committee, at any point
in the review the committee may recommend to the department
of human services, appropriate law enforcement agencies, and
any other person involved with child protection, interventions
that may prevent harm to a child who is related to or is living
in the same home as a child whose case is reviewed by the
committee.
   5.  a.  The following individuals shall designate a liaison
to assist the review team in fulfilling its responsibilities:
   (1)  The director of public health and human services.
   (2)  The director of human services.
   (3)    (2)  The commissioner of public safety.
   (4)    (3)  The attorney general.
   (5)    (4)  The director of transportation.
   (6)    (5)  The director of the department of education.
   b.  In addition, the chairperson of the review team
 department shall designate a liaison from the public at large
to assist the review team in fulfilling its responsibilities.
   6.  The review team may establish subcommittees to which the
team may delegate some or all of the team’s responsibilities
under subsection 3.
   7.  a.  The state medical examiner, the Iowa department
of public health, and the
department of human services shall
adopt rules providing for disclosure of information which is
confidential under chapter 22 or any other provision of state
law, to the review team for purposes of performing its child
death and child abuse review responsibilities.
   b.  A person in possession or control of medical,
investigative, assessment, or other information pertaining to a
-94-child death and child abuse review shall allow the inspection
and reproduction of the information by the office of the state
medical examiner
 department upon the request of the office
 department, to be used only in the administration and for
the duties of the Iowa child death review team. Except as
provided for a report on a child fatality by an ad hoc child
fatality review committee under subsection 4, information and
records produced under this section which are confidential
under section 22.7 and chapter 235A, and information or records
received from the confidential records, remain confidential
under this section. A person does not incur legal liability
by reason of releasing information to the department or the
office of the state medical examiner
as required under and in
compliance with this section.
   8.  Review team members and their agents are immune from any
liability, civil or criminal, which might otherwise be incurred
or imposed as a result of any act, omission, proceeding,
decision, or determination undertaken or performed, or
recommendation made as a review team member or agent provided
that the review team members or agents acted in good faith
and without malice in carrying out their official duties in
their official capacity. The state medical examiner department
shall adopt rules pursuant to chapter 17A to administer
this subsection. A complainant bears the burden of proof in
establishing malice or lack of good faith in an action brought
against review team members involving the performance of their
duties and powers under this section.
   9.  A person who releases or discloses confidential data,
records, or any other type of information in violation of this
section is guilty of a serious misdemeanor.
   Sec. 140.  Section 135.61, subsection 12, Code 2023, is
amended to read as follows:
   12.  “Health services” means clinically related diagnostic,
curative, or rehabilitative services, and includes alcoholism,
drug abuse,
 substance use disorder and mental health services.
-95-
   Sec. 141.  Section 135.100, subsection 1, Code 2023, is
amended to read as follows:
   1.  “Department” means the Iowa department of public health
 and human services.
   Sec. 142.  Section 135.101, Code 2023, is amended to read as
follows:
   135.101  Childhood lead poisoning prevention program.
   There is established a childhood lead poisoning prevention
program within the Iowa department of public health. The
department shall implement and review programs necessary to
eliminate potentially dangerous toxic lead levels in children
in Iowa in a year for which funds are appropriated to the
department for this purpose.
   Sec. 143.  Section 135.106, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
   The Iowa department of public health shall establish a
healthy opportunities for parents to experience success (HOPES)
– healthy families Iowa (HFI) program to provide services to
families and children during the prenatal through preschool
years. The program shall be designed to do all of the
following:
   Sec. 144.  Section 135.106, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
   The HOPES-HFI program shall be developed by the Iowa
department of public health, and may be implemented, in
whole or in part, by contracting with a nonprofit child
abuse prevention organization, local nonprofit certified home
health program or other local nonprofit organizations, and
shall include, but is not limited to, all of the following
components:
   Sec. 145.  Section 135.106, subsection 3, Code 2023, is
amended to read as follows:
   3.  It is the intent of the general assembly to provide
communities with the discretion and authority to redesign
existing local programs and services targeted at and assisting
-96-families expecting babies and families with children who
are newborn through five years of age. The Iowa department
of public health, department of human services, department
of education, and other state agencies and programs, as
appropriate, shall provide technical assistance and support
to communities desiring to redesign their local programs and
shall facilitate the consolidation of existing state funding
appropriated and made available to the community for family
support services. Funds which are consolidated in accordance
with this subsection shall be used to support the redesigned
service delivery system. In redesigning services, communities
are encouraged to implement a single uniform family risk
assessment mechanism and shall demonstrate the potential for
improved outcomes for children and families. Requests by
local communities for the redesigning of services shall be
submitted to the Iowa department of public health, department
of human services,
and the department of education, and are
subject to the approval of the early childhood Iowa state board
in consultation with the departments, based on the practices
utilized with early childhood Iowa areas under chapter 256I.
   Sec. 146.  Section 135.107, Code 2023, is amended to read as
follows:
   135.107  Center for rural Rural health and primary care
established — duties.
   1.  The center for rural health and primary care is
established within the department.
   2.    1.  The center for rural health and primary care
 department shall do all of the following:
   a.  Provide technical planning assistance to rural
communities and counties exploring innovative means of
delivering rural health services through community health
services assessment, planning, and implementation, including
but not limited to hospital conversions, cooperative agreements
among hospitals, physician and health practitioner support,
recruitment and retention of primary health care providers,
-97-public health services, emergency medical services, medical
assistance facilities, rural health care clinics, and
alternative means which may be included in the long-term
community health services assessment and developmental plan.
The center for rural health and primary care department
shall encourage collaborative efforts of the local boards of
health, hospital governing boards, and other public and private
entities located in rural communities to adopt a long-term
community health services assessment and developmental plan
pursuant to rules adopted by the department and perform the
duties required of the Iowa department of public health in
section 135B.33.
   b.  Provide technical assistance to assist rural communities
in improving Medicare reimbursements through the establishment
of rural health clinics, defined pursuant to 42 U.S.C. §1395x,
and distinct part skilled nursing facility beds.
   c.  Coordinate services to provide research for the following
items:
   (1)  Examination of the prevalence of rural occupational
health injuries in the state.
   (2)  Assessment of training and continuing education
available through local hospitals and others relating to
diagnosis and treatment of diseases associated with rural
occupational health hazards.
   (3)  Determination of continuing education support necessary
for rural health practitioners to diagnose and treat illnesses
caused by exposure to rural occupational health hazards.
   (4)  Determination of the types of actions that can help
prevent agricultural accidents.
   (5)  Surveillance and reporting of disabilities suffered
by persons engaged in agriculture resulting from diseases
or injuries, including identifying the amount and severity
of agricultural-related injuries and diseases in the state,
identifying causal factors associated with agricultural-related
injuries and diseases, and indicating the effectiveness of
-98-intervention programs designed to reduce injuries and diseases.
   d.  Cooperate with the center for agricultural safety and
health established under section 262.78, the center for health
effects of environmental contamination established under
section 263.17, and the department of agriculture and land
stewardship. The agencies shall coordinate programs to the
extent practicable.
   e.  Administer grants for farm safety education efforts
directed to rural families for the purpose of preventing
farm-related injuries to children.
   3.    2.  The center for rural health and primary care
 department shall establish a primary care provider recruitment
and retention endeavor, to be known as PRIMECARRE. The
endeavor shall include a health care workforce and community
support grant program and a primary care provider loan
</