Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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29 4 senators, one appointed by the majority leader of the senate

29 5 and one by the minority leader of the senate.

29 6 b. The advisory committee shall regularly meet with the



29 7 administrative head of the center as well as the director of

29 8 the center for agricultural health and safety established

29 9 under section 262.78. The head of the center and the director

29 10 of the center for agricultural health and safety shall consult

29 11 with the advisory committee and provide the committee with

29 12 relevant information regarding their agencies.

29 13 c. A simple majority of the membership of the advisory



29 14 committee shall constitute a quorum. Action may be taken by

29 15 the affirmative vote of a majority of the advisory committee

29 16 membership.

29 17 Sec. 42. Section 135.141, subsection 2, paragraph j, Code

29 18 2009, is amended to read as follows:

29 19 j. Adopt rules pursuant to chapter 17A for the

29 20 administration of this division of this chapter including

29 21 rules adopted in cooperation with the Iowa pharmacy

29 22 association and the Iowa hospital association for the

29 23 development of a surveillance system to monitor supplies of

29 24 drugs, antidotes, and vaccines to assist in detecting a

29 25 potential public health disaster. Prior to adoption, the


29 26 rules shall be approved by the state board of health and the

29 27 administrator of the homeland security and emergency

29 28 management division of the department of public defense.

29 29 Prior to adoption, the rules shall be approved by the state



29 30 board of health and the administrator of the homeland security

29 31 and emergency management division of the department of public

29 32 defense.

29 33 Sec. 43. Section 135.157, unnumbered paragraph 1, Code

29 34 2009, is amended to read as follows:

29 35 As used in this chapter division, unless the context


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30 1 otherwise requires:

30 2 Sec. 44. Section 135.159, subsection 3, paragraph i, Code

30 3 2009, is amended to read as follows:

30 4 i. For children, coordinate with and integrate guidelines,

30 5 data, and information from existing newborn and child health

30 6 programs and entities, including but not limited to the

30 7 healthy opportunities for parents to experience success ==

30 8 healthy families Iowa program, the community empowerment

30 9 program, the center for congenital and inherited disorders

30 10 screening and health care programs, standards of care for

30 11 pediatric health guidelines, the office of multicultural

30 12 health established in section 135.12, the oral health bureau

30 13 established in section 135.15, and other similar programs and

30 14 services.

30 15 Sec. 45. Section 135B.7, Code 2009, is amended to read as

30 16 follows:

30 17 135B.7 RULES AND ENFORCEMENT.

30 18 1. a. The department, with the advice and approval of the

30 19 hospital licensing board and approval of the state board of

30 20 health, shall adopt rules setting out the standards for the

30 21 different types of hospitals to be licensed under this

30 22 chapter. The department shall enforce the rules.

30 23 b. Rules or standards shall not be adopted or enforced

30 24 which would have the effect of denying a license to a hospital

30 25 or other institution required to be licensed, solely by reason

30 26 of the school or system of practice employed or permitted to

30 27 be employed by physicians in the hospital, if the school or

30 28 system of practice is recognized by the laws of this state.

30 29 2. a. The rules shall state that a hospital shall not

30 30 deny clinical privileges to physicians and surgeons, podiatric

30 31 physicians, osteopathic physicians and surgeons, dentists,

30 32 certified health service providers in psychology, physician

30 33 assistants, or advanced registered nurse practitioners

30 34 licensed under chapter 148, 148C, 149, 152, or 153, or section

30 35 154B.7, solely by reason of the license held by the
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31 1 practitioner or solely by reason of the school or institution

31 2 in which the practitioner received medical schooling or

31 3 postgraduate training if the medical schooling or postgraduate

31 4 training was accredited by an organization recognized by the

31 5 council on postsecondary accreditation or an accrediting group

31 6 recognized by the United States department of education.

31 7 b. A hospital may establish procedures for interaction

31 8 between a patient and a practitioner. The rules shall not

31 9 prohibit a hospital from limiting, restricting, or revoking

31 10 clinical privileges of a practitioner for violation of

31 11 hospital rules, regulations, or procedures established under

31 12 this paragraph, when applied in good faith and in a

31 13 nondiscriminatory manner.

31 14 c. This paragraph subsection shall not require a hospital

31 15 to expand the hospital's current scope of service delivery

31 16 solely to offer the services of a class of providers not

31 17 currently providing services at the hospital. This section

31 18 shall not be construed to require a hospital to establish

31 19 rules which are inconsistent with the scope of practice

31 20 established for licensure of practitioners to whom this

31 21 paragraph subsection applies.

31 22 d. This section shall not be construed to authorize the

31 23 denial of clinical privileges to a practitioner or class of

31 24 practitioners solely because a hospital has as employees of

31 25 the hospital identically licensed practitioners providing the

31 26 same or similar services.

31 27 3. The rules shall require that a hospital establish and

31 28 implement written criteria for the granting of clinical

31 29 privileges. The written criteria shall include but are not

31 30 limited to consideration of all of the following:

31 31 a. The ability of an applicant for privileges to provide

31 32 patient care services independently and appropriately in the

31 33 hospital; the.

31 34 b. The license held by the applicant to practice;.

31 35 c. The training, experience, and competence of the
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32 1 applicant; and the.

32 2 d. The relationship between the applicant's request for

32 3 the granting of privileges and the hospital's current scope of

32 4 patient care services, as well as the hospital's determination

32 5 of the necessity to grant privileges to a practitioner

32 6 authorized to provide comprehensive, appropriate, and

32 7 cost=effective services.

32 8 4. The department shall also adopt rules requiring

32 9 hospitals to establish and implement protocols for responding

32 10 to the needs of patients who are victims of domestic abuse, as

32 11 defined in section 236.2.

32 12 Sec. 46. Section 135B.28, Code 2009, is amended to read as

32 13 follows:

32 14 135B.28 HOSPITAL BILL.

32 15 1. The hospital bill shall properly include the charges

32 16 for pathology and radiology services as long as the name of

32 17 the doctor is stated and it fairly appears that the charge is

32 18 for medical services.

32 19 2. The said hospital bill shall also contain a statement

32 20 substantially in the following form:

32 21 "The pathology and radiology charges are for medical

32 22 services rendered by or under the direction of the doctor

32 23 listed above and are collected by the hospital on behalf of

32 24 the doctor, from which charges an agreed sum will be retained

32 25 by the hospital in accordance with an existing agreement to

32 26 which retention you consented at the time of your admission to

32 27 the hospital."

32 28 3. Upon the effective date of regulations which may be

32 29 adopted by the United States department of health and human

32 30 services prohibiting combined billing by hospitals and

32 31 hospital=based physicians under Title XVIII of the federal

32 32 Social Security Act, the charges for all pathology and

32 33 radiology services in a hospital, may upon the mutual

32 34 agreement of the hospital, physician and third=party payer, be

32 35 billed separately, the hospital component of the charges being

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33 1 included in the hospital bill and the doctor component being

33 2 billed by the doctor.

33 3 Sec. 47. Section 135C.16, subsection 2, Code 2009, is

33 4 amended to read as follows:

33 5 2. a. The department shall prescribe by rule that any

33 6 licensee or applicant for license desiring to make specific

33 7 types of physical or functional alterations or additions to

33 8 its facility or to construct new facilities shall, before

33 9 commencing the alteration or additions or new construction,

33 10 submit plans and specifications to the department for

33 11 preliminary inspection and approval or recommendations with

33 12 respect to compliance with the department's rules and

33 13 standards.

33 14 b. When the plans and specifications have been properly

33 15 approved by the department or other appropriate state agency,

33 16 for a period of at least five years from completion of the


33 17 construction or alteration, the facility or the portion of the

33 18 facility constructed or altered in accord with the plans and

33 19 specifications shall not for a period of at least five years


33 20 from completion of the construction or alteration be

33 21 considered deficient or ineligible for licensing by reason of

33 22 failure to meet any rule or standard established subsequent to

33 23 approval of the plans and specifications.

33 24 c. When construction or alteration of a facility or

33 25 portion of a facility has been completed in accord with plans

33 26 and specifications submitted as required by this subsection

33 27 and properly approved by the department or other appropriate

33 28 state agency, and it is discovered that the facility or

33 29 portion of a facility is not in compliance with a requirement

33 30 of this chapter or of the rules or standards adopted pursuant

33 31 to it and in effect at the time the plans and specifications

33 32 were submitted, and the deficiency was apparent from the plans

33 33 and specifications submitted but was not noted or objected to

33 34 by the department or other appropriate state agency, the

33 35 department or agency responsible for the oversight shall


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34 1 either waive the requirement or reimburse the licensee or

34 2 applicant for any costs which are necessary to bring the new

34 3 or reconstructed facility or portion of a facility into

34 4 compliance with the requirement and which the licensee or

34 5 applicant would not have incurred if the facility or portion

34 6 of the facility had been constructed in compliance with the

34 7 requirements of this chapter or of the rules or standards

34 8 adopted pursuant to it and in effect at the time the plans and

34 9 specifications were submitted.

34 10 d. If within two years from the completion of the

34 11 construction or alteration of the facility or portion thereof,

34 12 a department or agency of the state orders that the new or

34 13 reconstructed facility or portion thereof be brought into

34 14 compliance with the requirements of this chapter or the rules

34 15 or standards adopted pursuant to it and in effect at the time

34 16 the plans and specifications were submitted, the state shall

34 17 have a claim for damages to the extent of any reimbursement

34 18 paid to the licensee or applicant against any person who

34 19 designed the facility or portion thereof for negligence in the

34 20 preparation of the plans and specifications therefor, subject

34 21 to all defenses based upon the negligence of the state in

34 22 reviewing and approving those plans and specifications, but

34 23 not thereafter.

34 24 e. The provisions of this subsection shall not apply where

34 25 the deficiency presents a clear and present danger to the

34 26 safety of the residents of the facility.

34 27 Sec. 48. Section 136B.2, Code 2009, is amended to read as

34 28 follows:

34 29 136B.2 RADON TESTING INFORMATION == DISCLOSURE.

34 30 1. a. A person certified or credentialed pursuant to


34 31 section 136B.1 shall, within thirty days of the provision of

34 32 any radon testing services or abatement measures or at the

34 33 request of the department prior to testing or abatement,

34 34 disclose to the department the address or location of the

34 35 building, the name of the owner of the building where the
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35 1 services or measures were or will be provided, and the results

35 2 of any tests or abatement measures performed.

35 3 b. A person shall not disclose to any other person, except

35 4 to the department, the address or owner of a nonpublic

35 5 building that the person tested for the presence of radon gas

35 6 and radon progeny, unless the owner of the building waives, in

35 7 writing, this right of confidentiality. Any test results

35 8 disclosed shall be results of a test performed within the five

35 9 years prior to the date of the disclosure.

35 10 2. a. Notwithstanding the requirements of this section,

35 11 disclosure to any person of the results of a test performed on

35 12 a nonpublic building for the presence of radon gas and radon

35 13 progeny is not required if the results do not exceed the

35 14 currently established United States environmental protection

35 15 agency action guidelines.

35 16 b. A person who tests a nonpublic building which the

35 17 person owns is not required to disclose to any person the

35 18 results of a test for the presence of radon gas or progeny if

35 19 the test is performed by the person who owns the nonpublic

35 20 building.

35 21 2. A person certified or credentialed pursuant to section


35 22 136B.1 shall, within thirty days of the provision of any radon

35 23 testing services or abatement measures or at the request of

35 24 the department prior to testing or abatement, disclose to the

35 25 department the address or location of the building, the name

35 26 of the owner of the building where the services or measures

35 27 were or will be provided, and the results of any tests or

35 28 abatement measures performed.

35 29 Sec. 49. Section 139A.21, subsection 7, Code 2009, is

35 30 amended to read as follows:

35 31 7. The department shall adopt rules specifying the

35 32 requirements for the operation of an emergency information

35 33 system operated by a registrant pursuant to section 206.12,

35 34 subsection 2 3, paragraph "c", which shall not exceed

35 35 requirements adopted by a poison control center as defined in


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36 1 section 206.2. The rules shall specify the qualifications of

36 2 individuals staffing an emergency information system and shall

36 3 specify the maximum amount of time that a registrant may take

36 4 to provide the information to a poison control center or an

36 5 attending physician treating a patient exposed to the

36 6 registrant's product.

36 7 Sec. 50. Section 147.8, Code 2009, is amended to read as

36 8 follows:

36 9 147.8 RECORD OF LICENSES.

36 10 A board shall keep the following information available for

36 11 public inspection for each person licensed by the board: name,

36 12 address

36 13 1. Name.

36 14 2. Address of record, the.

36 15 3. The number of the license, and the.

36 16 4. The date of issuance of the license.

36 17 Sec. 51. Section 147.11, subsection 1, Code 2009, is

36 18 amended to read as follows:

36 19 1. A licensee who allows the license to become inactive or

36 20 lapsed by failing to renew the license, as provided in section

36 21 147.10, may be reactivated reactivate the license upon payment

36 22 of a reactivation fee and compliance with other terms

36 23 established by board rule.

36 24 Sec. 52. Section 147.13, subsection 18, Code 2009, is

36 25 amended to read as follows:

36 26 18. For respiratory care therapy, the board of respiratory

36 27 care.

36 28 Sec. 53. Section 147.87, Code 2009, is amended to read as

36 29 follows:

36 30 147.87 ENFORCEMENT.

36 31 A board shall enforce the provisions of this chapter and

36 32 its the board's enabling statute and for that purpose may

36 33 request the department of inspections and appeals to make

36 34 necessary investigations. Every licensee and member of a

36 35 board shall furnish the board or the department of inspections

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37 1 and appeals such evidence as the member or licensee may have

37 2 relative to any alleged violation which is being investigated.

37 3 Sec. 54. Section 147.89, Code 2009, is amended to read as

37 4 follows:

37 5 147.89 REPORT OF VIOLATORS.

37 6 Every licensee and member of a board shall report to its


37 7 respective the board the name of any person, without the

37 8 required license if the licensee or member of the board has

37 9 reason to believe the person is practicing the profession

37 10 without a license.

37 11 Sec. 55. Section 148.3, subsection 1, paragraph a,

37 12 unnumbered paragraph 1, Code 2009, is amended to read as

37 13 follows:

37 14 A diploma issued by a medical college or college of

37 15 osteopathic medicine and surgery approved by the board, or

37 16 present other evidence of equivalent medical education

37 17 approved by the board. The board may accept, in lieu of a

37 18 diploma from a medical college approved by the board, all of

37 19 the following:

37 20 Sec. 56. Section 153.36, subsection 1, Code 2009, is

37 21 amended to read as follows:

37 22 1. Sections 147.44 to 147.71, except section 147.57,

37 23 147.48, 147.49, 147.53, and 147.55, and sections 147.87 to

37 24 through 147.92 shall not apply to the practice of dentistry.

37 25 Sec. 57. Section 159.5, subsections 12 and 13, Code 2009,

37 26 are amended to read as follows:

37 27 12. a. Establish a swine tuberculosis eradication program

37 28 including, but not limited to all of the following:

37 29 a. (1) The inspection of swine herds in this state when

37 30 the department finds that an animal from a swine herd has, or

37 31 is believed to have, tuberculosis;.

37 32 b. (2) Ear tagging or otherwise physically marking all

37 33 swine reacting positively to tests for tuberculosis;.

37 34 c. (3) Condemning any swine which has tuberculosis;.

37 35 d. (4) Depopulating any swine herd where tuberculosis is
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38 1 found to be generally present; and.

38 2 e. (5) Compensate the owners of condemned swine as

38 3 provided under section 165.18, following the general

38 4 procedures for filing claims and paying indemnities as

38 5 provided in chapter 165.

38 6 b. If the department finds that the source of the

38 7 tuberculosis in a swine herd is from another species of

38 8 animal, except bovine, located on or near the premises on

38 9 which the affected swine herd is located, the department may

38 10 destroy those animals and indemnify the owners of the

38 11 condemned animals as provided in chapter 163.

38 12 13. Establish and maintain a division of soil

38 13 conservation. The division administrator shall be appointed

38 14 by the secretary from a list of names of persons recommended

38 15 by the soil conservation committee, pursuant to section

38 16 161A.4, subsection 2 6, paragraph "c", and shall serve at the

38 17 pleasure of the secretary.

38 18 Sec. 58. Section 159.20, subsection 2, Code 2009, is

38 19 amended to read as follows:

38 20 2. As used in this subchapter, "agricultural:

38 21 a. "Agricultural commodity" means any unprocessed

38 22 agricultural product, including animals, agricultural crops,

38 23 and forestry products grown, raised, produced, or fed in Iowa

38 24 for sale in commercial channels. "Commercial

38 25 b. "Commercial channels" means the processes of for sale

38 26 of an agricultural commodity or unprocessed product from the

38 27 agricultural commodity to any person, public or private, who




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