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



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19 34 dental screening performed within the prior year by a licensed

19 35 dental hygienist or dentist as defined in chapter 153. A
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20 1 school district or accredited nonpublic school shall provide

20 2 access to a process to complete the screenings described in

20 3 this paragraph as appropriate.

20 4 Sec. 32. Section 135.24, subsection 6, paragraph d, Code

20 5 2009, is amended to read as follows:

20 6 d. "Health care provider" means a physician licensed under

20 7 chapter 148, a chiropractor licensed under chapter 151, a

20 8 physical therapist licensed pursuant to chapter 148A, an

20 9 occupational therapist licensed pursuant to chapter 148B, a

20 10 podiatrist licensed pursuant to chapter 149, a physician

20 11 assistant licensed and practicing under a supervising

20 12 physician pursuant to chapter 148C, a licensed practical

20 13 nurse, a registered nurse, or an advanced registered nurse

20 14 practitioner licensed pursuant to chapter 152 or 152E, a

20 15 respiratory therapist licensed pursuant to chapter 152B, a

20 16 dentist, dental hygienist, or dental assistant registered or

20 17 licensed to practice under chapter 153, an optometrist

20 18 licensed pursuant to chapter 154, a psychologist licensed

20 19 pursuant to chapter 154B, a social worker licensed pursuant to

20 20 chapter 154C, a mental health counselor or a marital and

20 21 family therapist licensed pursuant to chapter 154D, a speech


20 22 pathologist or audiologist licensed pursuant to chapter 154F,

20 23 a pharmacist licensed pursuant to chapter 155A, or an

20 24 emergency medical care provider certified pursuant to chapter

20 25 147A.

20 26 Sec. 33. Section 135.37, subsection 6, Code 2009, is

20 27 amended to read as follows:

20 28 6. As necessary to avoid duplication and promote

20 29 coordination of public health inspection and enforcement

20 30 activities, the department may enter into agreements with

20 31 local boards of health to provide for inspection and



20 32 enforcement of tattooing establishments and enforcement

20 33 activities in accordance with the rules and criteria

20 34 implemented under this section.

20 35 Sec. 34. Section 135.159, subsection 2, paragraph a,
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21 1 subparagraph (6), Code 2009, is amended to read as follows:

21 2 (6) A physician and an osteopathic physician licensed

21 3 pursuant to chapter 148 and a physician licensed pursuant to

21 4 chapter 150 who are family physicians and members of the Iowa

21 5 academy of family physicians.

21 6 Sec. 35. Section 135B.20, subsection 1, Code 2009, is

21 7 amended to read as follows:

21 8 1. "Doctor" shall mean any person licensed to practice

21 9 medicine and surgery or osteopathy osteopathic medicine and

21 10 surgery in this state.

21 11 Sec. 36. Section 135C.33, subsection 5, paragraph a,

21 12 subparagraph (1), Code 2009, is amended to read as follows:

21 13 (1) An employee of a homemaker, home=health homemaker=home



21 14 health aide, home care aide, adult day services, or other

21 15 provider of in=home services if the employee provides direct

21 16 services to consumers.

21 17 Sec. 37. Section 136C.1, subsection 4, Code 2009, is

21 18 amended to read as follows:

21 19 4. "Licensed professional" means a person licensed or

21 20 otherwise authorized by law to practice medicine, osteopathy

21 21 osteopathic medicine, podiatry, chiropractic, dentistry,

21 22 dental hygiene, or veterinary medicine.

21 23 Sec. 38. Section 136C.3, subsection 2, paragraph a, Code

21 24 2009, is amended to read as follows:

21 25 a. Establish minimum training standards including

21 26 continuing education requirements, and administer examinations

21 27 and disciplinary procedures for operators of radiation

21 28 machines and users of radioactive materials. A state of Iowa

21 29 license to practice medicine, osteopathy osteopathic medicine,

21 30 chiropractic, podiatry, dentistry, dental hygiene, or

21 31 veterinary medicine, or licensure as a physician assistant

21 32 pursuant to chapter 148C, or certification by the dental board

21 33 in dental radiography, or by the board of podiatry in

21 34 podiatric radiography, or enrollment in a program or course of

21 35 study approved by the Iowa department of public health which

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22 1 includes the application of radiation to humans satisfies the

22 2 minimum training standards for operation of radiation machines

22 3 only.

22 4 Sec. 39. Section 137F.3A, subsection 1, Code 2009, is

22 5 amended to read as follows:

22 6 1. a. If a The department of inspections and appeals may



22 7 employ additional full=time equivalent positions to enforce

22 8 the provisions of this chapter and chapters 137C and 137D,

22 9 with the approval of the department of management, if either

22 10 of the following apply:

22 11 (1) A municipal corporation operating pursuant to a

22 12 chapter 28E agreement with the department of inspections and

22 13 appeals to enforce this chapter and chapters 137C and 137D the


22 14 chapters either fails to renew the agreement effective after

22 15 April 1, 2007, or discontinues, after April 1, 2007,

22 16 enforcement activities in one or more jurisdictions during the

22 17 agreement time frame, or the.

22 18 (2) The department of inspections and appeals cancels an

22 19 agreement after April 1, 2007, due to noncompliance with the

22 20 terms of the agreement, the department of inspections and


22 21 appeals may employ additional full=time equivalent positions

22 22 to enforce the provisions of the chapters, with the approval

22 23 of the department of management.

22 24 b. Before approval is may be given, the director of the

22 25 department of management shall determine must have determined

22 26 that the expenses exceed the funds budgeted by the general

22 27 assembly for food inspections to the department of inspections

22 28 and appeals. The department of inspections and appeals may

22 29 hire no more than one full=time equivalent position for each

22 30 six hundred inspections required pursuant to this chapter and

22 31 chapters 137C and 137D.

22 32 Sec. 40. Section 137F.6, subsection 1, paragraph h, Code

22 33 2009, is amended to read as follows:

22 34 h. A For a food establishment covered by paragraphs "d"

22 35 and "e" shall be assessed the license fees assessed shall be
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23 1 an amount not to exceed seventy=five percent of the total fees

23 2 applicable under both paragraphs.

23 3 Sec. 41. Section 142.1, Code 2009, is amended to read as

23 4 follows:

23 5 142.1 DELIVERY OF BODIES.

23 6 The body of every person dying in a public asylum,

23 7 hospital, county care facility, penitentiary, or reformatory

23 8 in this state, or found dead within the state, or which is to

23 9 be buried at public expense in this state, except those buried

23 10 under the provisions of chapter 144C or 249, and which is

23 11 suitable for scientific purposes, shall be delivered to the

23 12 medical college of the state university, or some osteopathic

23 13 or chiropractic college or school located in this state, which

23 14 has been approved under the law regulating the practice of

23 15 osteopathy osteopathic medicine or chiropractic; but no such

23 16 body shall be delivered to any such college or school if the

23 17 deceased person expressed a desire during the person's last

23 18 illness that the person's body should be buried or cremated,

23 19 nor if such is the desire of the person's relatives. Such

23 20 bodies shall be equitably distributed among said colleges and

23 21 schools according to their needs for teaching anatomy in

23 22 accordance with such rules as may be adopted by the Iowa

23 23 department of public health. The expense of transporting said

23 24 bodies to such college or school shall be paid by the college

23 25 or school receiving the same. If the deceased person has not

23 26 expressed a desire during the person's last illness that the

23 27 person's body should be buried or cremated and no person

23 28 authorized to control the deceased person's remains under

23 29 section 144C.5 requests the person's body for burial or

23 30 cremation, and if a friend objects to the use of the deceased

23 31 person's body for scientific purposes, said deceased person's

23 32 body shall be forthwith delivered to such friend for burial or

23 33 cremation at no expense to the state or county. Unless such

23 34 friend provides for burial and burial expenses within five

23 35 days, the body shall be used for scientific purposes under

Senate File 449 - Introduced continued
24 1 this chapter.

24 2 Sec. 42. Section 142A.3, subsections 3 through 10, Code

24 3 2009, are amended to read as follows:

24 4 3. The membership of the commission shall consist of

24 5 include the following voting members who shall serve

24 6 three=year, staggered terms:

24 7 a. Members, at least one of whom is a member of a racial

24 8 minority, to be appointed by the governor, subject to

24 9 confirmation by the senate pursuant to sections 2.32 and

24 10 69.19, and consisting of the following:

24 11 (1) Three members who are active with nonprofit health

24 12 organizations that emphasize tobacco use prevention or who are

24 13 active as health services providers, at the local level.

24 14 b. (2) One member who is a retailer.

24 15 c. (3) Three members who are active with health promotion

24 16 activities at the local level in youth education, law

24 17 enforcement, nonprofit services, or other activities relating

24 18 to tobacco use prevention and control.

24 19 The members appointed under this subsection shall be


24 20 appointed by the governor, subject to confirmation by the

24 21 senate, pursuant to sections 2.32 and 69.19. At least one

24 22 member appointed under this subsection shall be a member of a

24 23 racial minority.

24 24 4. b. In addition to the members described in subsection



24 25 3, the membership of the commission shall include three Three

24 26 voting members who are, to be selected by the participants in

24 27 the annual statewide youth summit of the initiative's youth

24 28 program. The youth membership appointments are, who shall not

24 29 be subject to section 69.16 or 69.16A. However, the selection

24 30 process shall provide for diversity among the members and at

24 31 least one of the youth members shall be a female. These

24 32 members shall also serve three=year staggered terms.

24 33 5. 4. The commission shall also include the following ex

24 34 officio, nonvoting members:

24 35 a. Four members of the general assembly, with not more

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25 1 than one member from each chamber being from the same

25 2 political party. The majority leader of the senate and the

25 3 minority leader of the senate shall each appoint one of the

25 4 senate members. The majority leader of the house and the

25 5 minority leader of the house of representatives shall each

25 6 appoint one of the house members.

25 7 b. The presiding officer of the statewide youth executive

25 8 body, selected by the delegates to the statewide youth summit.

25 9 6. 5. In addition to the members of the council

25 10 commission, the following agencies, organizations, and persons

25 11 shall each assign a single liaison to the commission to

25 12 provide assistance to the commission in the discharge of the

25 13 commission's duties:

25 14 a. The department of education.

25 15 b. The drug policy coordinator.

25 16 c. The department of justice, office of the attorney

25 17 general.

25 18 d. The department of human services.

25 19 e. The alcoholic beverages division of the department of

25 20 commerce.

25 21 7. 6. Citizen members shall be reimbursed for actual and

25 22 necessary expenses incurred in performance of their duties.

25 23 Citizen members shall be paid a per diem as specified in

25 24 section 7E.6. Legislative members are eligible for per diem

25 25 and expenses as provided in section 2.10.

25 26 8. 7. A member of the commission who is convicted of a

25 27 crime relating to tobacco, alcohol, or controlled substances

25 28 is subject to removal from the commission.

25 29 9. The commission may designate an advisory council. The


25 30 commission shall determine the membership and representation

25 31 of the advisory council and members of the council shall serve

25 32 at the pleasure of the commission. The advisory council may

25 33 include representatives of health care provider groups, parent

25 34 groups, antitobacco advocacy programs and organizations,

25 35 tobacco retailers, research and evaluation experts, and youth
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26 1 organizers.

26 2 10. 8. A vacancy on the commission other than for the

26 3 youth members shall be filled in the same manner as the

26 4 original appointment for the balance of the unexpired term. A

26 5 youth member vacancy shall be filled by the presiding officer

26 6 of the statewide executive body as selected by the delegates

26 7 to the statewide youth summit.

26 8 9. The commission shall elect a chairperson from among its

26 9 voting members and may select other officers from among its

26 10 voting members, as determined necessary by the commission.

26 11 The commission shall meet regularly as determined by the

26 12 commission, upon the call of the chairperson, or upon the call

26 13 of a majority of the voting members.

26 14 10. The commission may designate an advisory council. The


26 15 commission shall determine the membership and representation

26 16 of the advisory council and members of the council shall serve

26 17 at the pleasure of the commission. The advisory council may

26 18 include representatives of health care provider groups, parent

26 19 groups, antitobacco advocacy programs and organizations,

26 20 tobacco retailers, research and evaluation experts, and youth

26 21 organizers.

26 22 Sec. 43. Section 142C.2, subsection 25, Code 2009, is

26 23 amended to read as follows:

26 24 25. "Physician" means an individual authorized to practice

26 25 medicine and surgery or osteopathy osteopathic medicine and

26 26 surgery under the laws of any state.

26 27 Sec. 44. Section 144.14, Code 2009, is amended to read as

26 28 follows:

26 29 144.14 FOUNDLINGS.

26 30 1. A person who assumes the custody of a living infant of

26 31 unknown parentage shall report on a form and in the manner

26 32 prescribed by the state registrar within five days to the

26 33 county registrar of the county in which the child was found,

26 34 the following information:

26 35 1. a. The date and place of finding the child was found.
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27 1 2. b. The sex, color or race, and approximate age of the

27 2 child.

27 3 3. c. The name and address of the person or institution

27 4 which has assumed custody of the child.

27 5 4. d. The name given to the child by the custodian.

27 6 5. e. Other data required by the state registrar.

27 7 2. The place where the child was found shall be entered as

27 8 the place of birth and the date of birth shall be determined

27 9 by approximation. A report registered under this section

27 10 shall constitute the certificate of birth for the infant.

27 11 3. If the child is identified and a certificate of birth

27 12 is found or obtained, any report registered under this section

27 13 shall be sealed and filed and may be opened only by order of a

27 14 court of competent jurisdiction or as provided by regulation.

27 15 Sec. 45. Section 144C.2, subsection 3, Code 2009, is

27 16 amended to read as follows:

27 17 3. "Assisted living program facility" program" means an

27 18 assisted living program facility as defined in section 231C.2

27 19 under chapter 231C.

27 20 Sec. 46. Section 144C.3, subsection 4, Code 2009, is

27 21 amended to read as follows:

27 22 4. A funeral director, an attorney, or any agent, owner,

27 23 or employee of a funeral establishment, cremation

27 24 establishment, cemetery, elder group home, assisted living

27 25 program facility, adult day services program, or licensed

27 26 hospice program shall not serve as a designee unless related

27 27 to the declarant within the third degree of consanguinity.

27 28 Sec. 47. Section 147.14, subsection 1, paragraph w, Code

27 29 2009, is amended to read as follows:

27 30 w. For nursing home administrators, a total of nine

27 31 members, four who are licensed nursing home administrators,

27 32 one of whom is the administrator of a nonproprietary nursing

27 33 home; three licensed members of any profession concerned with

27 34 the care and treatment of chronically ill or elderly patients

27 35 who are not nursing home administrators or nursing home

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28 1 owners; and two members of the general public who are not

28 2 licensed under this chapter 155, have no financial interest in

28 3 any nursing home, and who shall represent the general public.

28 4 Sec. 48. Section 147.55, unnumbered paragraph 1, Code

28 5 2009, is amended to read as follows:

28 6 A licensee's license to practice a profession shall be

28 7 revoked, or suspended, or the licensee otherwise disciplined

28 8 by the board for that profession, when the licensee is guilty

28 9 of any of the following acts or offenses:

28 10 Sec. 49. Section 147.80, subsection 1, paragraphs f, g,

28 11 and i, Code 2009, are amended to read as follows:

28 12 f. Issuance of a certified statement that a licensee

28 13 person is licensed, registered, or has been issued a

28 14 certificate to practice in this state.

28 15 g. Issuance of a duplicate license, registration, or


28 16 certificate, which shall be so designated on its face. A

28 17 board may require satisfactory proof that the original

28 18 license, registration, or certificate issued by the board has

28 19 been lost or destroyed.

28 20 i. Verification of licensure, registration, or


28 21 certification.

28 22 Sec. 50. Section 147.85, Code 2009, is amended to read as

28 23 follows:

28 24 147.85 FRAUD.

28 25 Any person who presents to a board a diploma or certificate

28 26 of which the person is not the rightful owner, for the purpose

28 27 of procuring a license, or who falsely personates impersonates

28 28 anyone to whom a license has been issued by the board shall be

28 29 guilty of a serious misdemeanor.

28 30 Sec. 51. Section 147.135, subsection 3, paragraph a, Code

28 31 2009, is amended to read as follows:

28 32 a. A full and confidential report concerning any final

28 33 hospital disciplinary action approved by a hospital board of

28 34 trustees that results in a limitation, suspension, or

28 35 revocation of a physician's privilege to practice for reasons
Senate File 449 - Introduced continued

29 1 relating to the physician's professional competence or

29 2 concerning any voluntary surrender or limitation of privileges

29 3 for reasons relating to professional competence shall be made

29 4 to the board of medicine by the hospital administrator or

29 5 chief of medical staff within ten days of such action. The

29 6 board of medicine shall investigate the report and take

29 7 appropriate action. These reports shall be privileged and

29 8 confidential as though included in and subject to the

29 9 requirements for peer review committee information in

29 10 subsection 2. Persons making these reports and persons

29 11 participating in resulting proceedings related to these

29 12 reports shall be immune from civil liability with respect to

29 13 the making of the report or participation in resulting

29 14 proceedings. As used in this subsection, "physician" means a

29 15 person licensed pursuant to chapter 148, chapter 150, or

29 16 chapter 150A.

29 17 Sec. 52. Section 148.2A, subsection 2, paragraph e,




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