Bill Text: IA HF2464 | 2011-2012 | 84th General Assembly | Enrolled

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Bill Title: A bill for an act relating to department of public health programs and activities, providing for a penalty, and including effective and applicability date provisions. Effective 7-1-12 with exception of section 17, effective 5-2-12.

Spectrum: Committee Bill

Status: (Passed) 2012-05-02 - Signed by Governor. H.J. 900. [HF2464 Detail]

Download: Iowa-2011-HF2464-Enrolled.html

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House File 2464
AN ACT
RELATING TO DEPARTMENT OF PUBLIC HEALTH PROGRAMS AND
ACTIVITIES, PROVIDING FOR A PENALTY, AND INCLUDING EFFECTIVE
AND APPLICABILITY DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
NURSING HOME ADMINISTRATORS
Section 1. Section 155.1, unnumbered paragraph 1, Code
2011, is amended to read as follows:
For the purposes of this chapter , and as used herein :
Sec. 2. Section 155.3, subsections 2 and 3, Code 2011, are
amended to read as follows:
2. The applicant has satisfactorily completed a course of
instruction and training prescribed by the board, which course
shall be so designed as to content and so administered as to
present sufficient knowledge of the needs properly to be served
by nursing homes; knowledge of the laws governing the operation
of nursing homes and the protection of the interests of
patients therein; and knowledge of the elements of good nursing
home administration; or has presented evidence satisfactory to
the board of sufficient education, training, or experience in
the foregoing fields to administer, supervise, and manage a
nursing home.
3. The applicant has passed an examination administered
prescribed by the board and designed to test for competence in
the subject matter referred to in subsection 2 of this section
pursuant to section 147.34 .
Sec. 3. Section 155.4, Code 2011, is amended to read as
follows:
155.4 Licensing function.

House File 2464, p. 2
The board shall license nursing home administrators in
accordance with this chapter, chapter 147, and rules issued ,
and from time to time revised, by it by the board . A nursing
home administrator’s license shall not be transferable and ,
if not inactive, shall be valid until revoked pursuant to
section 147.55 or voluntarily surrendered for cancellation
or suspended or revoked for violation of this chapter or any
other laws or regulations relating to the proper administration
and management of a nursing home . Any denial of issuance or
renewal, suspension, or revocation under any section of this
chapter shall be subject to judicial review in accordance with
the terms of the Iowa administrative procedure Act, chapter
17A .
Sec. 4. Section 155.5, Code 2011, is amended to read as
follows:
155.5 License fees.
Each person licensed as a nursing home administrator shall
be required to pay a license fee in an amount to be fixed by
the board. The license shall expire in multiyear intervals
determined by the board and be renewable and upon payment of
the license a renewal fee. A person who fails to renew a
license by the expiration date shall be allowed to do so within
thirty days following its expiration, but the board may assess
a reasonable penalty.
Sec. 5. Section 155.9, Code 2011, is amended to read as
follows:
155.9 Duties of the board.
The In addition to the duties and responsibilities provided
in chapters 147 and 272C, the board shall have the duty and
responsibility to:
1. Develop, impose, and enforce standards which must be
met by individuals in order to receive a license as a nursing
home administrator, which standards shall be designed to
insure that nursing home administrators will be individuals
who, by training or experience in the field of institutional
administration, are qualified to serve as nursing home
administrators.
2. Develop and apply appropriate techniques, including
examination and investigations, for determining whether an
individual meets such standards. The board may administer
as many examinations per year as are necessary, but shall
administer at least one examination per year. Any written
examination may be given by representatives of the board.

House File 2464, p. 3
Applicants who fail the examination once shall be allowed to
take the examination at the next scheduled time. Thereafter,
the applicant shall be allowed to take the examination at the
discretion of the board. An applicant who has failed the
examination may request in writing information from the board
concerning the applicant’s examination grade and subject areas
or questions which the applicant failed to answer correctly,
except that if the board administers a uniform, standardized
examination, the board shall only be required to provide the
examination grade and such other information concerning the
applicant’s examination results which are available to the
board.
3. Issue licenses to individuals who, after application
of such techniques, are found to have met such standards; and
for cause and after due notice and hearing, revoke or suspend
licenses previously issued by such board in any case where
the individual holding such license is found to have failed
substantially to conform to the requirements of such standards.
The board may also accept the voluntary surrender of such
license without necessity of a hearing. In adopt rules for
granting a provisional license to an administrator appointed
on a temporary basis by a nursing home’s owner or owners in the
event of the inability of the regular administrator of a the
nursing home is unable to perform the administrator’s duties
or through death or other cause the nursing home is without
a licensed administrator , a provisional administrator may be
appointed on a temporary basis by the nursing home owner or
owners to perform such duties for a period not to exceed one
year because of death or other cause. Such provisional license
shall allow the provisional licensee to perform the duties of
a nursing home administrator. An individual shall not hold a
provisional license for more than twelve total combined months,
and the board may revoke or otherwise discipline a provisional
licensee for cause after due notice and a hearing on a charge
or complaint filed with the board .
4. Establish and carry out procedures designed to insure
that individuals licensed as nursing home administrators will,
during any period that they serve as such, comply with the
requirements of such standards.
5. Receive, investigate, and take appropriate action with
respect to any charge or complaint filed with the board to
the effect that any individual licensed as a nursing home
administrator has failed to comply with the requirements

House File 2464, p. 4
of such standards. Such appropriate action may include
revocation of a license, if necessary, or placing the licensee
on probation for a period not exceeding six months, and shall
be taken only for cause after due notice and a hearing on the
charge or complaint.
6. Conduct a continuing study and investigation of nursing
homes, and administrators of nursing homes, in this state
with a view to the improvement of the standards imposed for
the licensing of such administrators and of procedures and
methods for the enforcement of such standards with respect to
administrators of nursing homes who have been licensed as such.
7. Conduct, or cause to be conducted, one or more courses of
instruction and training sufficient to meet the requirements
of this chapter , and make provisions for such courses and
their accessibility to residents of this state unless it finds
that there are, and approves, a sufficient number of courses,
which courses are conducted by others within this state. In
lieu thereof the board may approve courses conducted within
and without this state as sufficient to meet the education and
training requirements of this chapter .
Sec. 6. Section 155.10, Code 2011, is amended by striking
the section and inserting in lieu thereof the following:
155.10 Continuing education.
Each person licensed as a nursing home administrator shall
be required to complete continuing education as a condition of
license renewal. Such continuing education requirements shall
be determined by the board.
Sec. 7. Section 155.14, Code 2011, is amended to read as
follows:
155.14 Applications.
Applications for licensure and for license renewal shall be
on forms in the format prescribed and furnished by the board
and shall not contain a recent photograph of the applicant . An
applicant shall not be ineligible for licensure because of age,
citizenship, sex, race, religion, marital status or national
origin although the application may require citizenship
information. The board may consider the past felony record of
an applicant only if the felony conviction relates directly
to the practice of nursing home administration. Character
references may be required, but shall not be obtained from
licensed nursing home administrators.
Sec. 8. NEW SECTION . 155.19 Voluntary surrender.
The board may accept the voluntary surrender of a license if

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accompanied by a written statement of intention. The voluntary
surrender, when accepted, shall have the same force and effect
as an order of revocation.
Sec. 9. REPEAL. Sections 155.2, 155.15, and 155.16, Code
2011, are repealed.
DIVISION II
HEARING AID DISPENSERS
Sec. 10. Section 154A.7, Code 2011, is amended to read as
follows:
154A.7 Meetings and expenses Board meetings .
The members of the board shall receive actual expenses
incurred in the discharge of their duties within the limits of
funds appropriated to the board. Each member of the board may
also be eligible to receive compensation as provided in section
7E.6 . The board shall meet at least one time per year at the
seat of government and may hold additional meetings as deemed
necessary. Additional meetings shall be held at the call of
the chairperson or a majority of the members of the board.
At any meeting of the board, a majority of the members shall
constitute a quorum.
Sec. 11. Section 154A.10, Code 2011, is amended to read as
follows:
154A.10 Issuance of licenses.
After January 1, 1975, an An applicant may obtain a license,
if the applicant:
1. Successfully passes the qualifying examination
prescribed in section 154A.12 .
2. Is free of contagious or infectious disease.
3. Pays the necessary fees set by the board pursuant to
section 154A.17 .
Sec. 12. Section 154A.12, subsection 1, paragraph a, Code
2011, is amended to read as follows:
a. Written tests Evidence of knowledge in areas such as
physics of sound, anatomy and physiology of hearing, and the
function of hearing aids, as these areas pertain to the fitting
or selection and sale of hearing aids.
Sec. 13. Section 154A.13, Code 2011, is amended to read as
follows:
154A.13 Temporary permit.
A person who has not been employed licensed as a hearing
aid dispenser prior to January 1, 1975, may obtain a temporary
permit from the department upon completion of the application
accompanied by the written verification of employment from a

House File 2464, p. 6
licensed hearing aid dispenser. The department shall issue a
temporary permit for one year which shall not be renewed or
reissued. The fee for issuance of the temporary permit shall
be set by the board pursuant to section 154A.17 in accordance
with the provisions for establishment of fees in section
147.80 . The temporary permit entitles an applicant to engage
in the fitting or selection and sale of hearing aids under the
supervision of a person holding a valid license.
Sec. 14. Section 154A.23, Code 2011, is amended to read as
follows:
154A.23 Complaints Disciplinary orders —— attorney general .
Any person wishing to make a complaint against a licensee
or holder of a temporary permit shall file a written statement
with the board within twelve months from the date of the action
upon which the complaint is based. If the board determines
that the complaint alleges facts which, if proven, would be
cause for the suspension or revocation of the license of the
licensee or the permit of the holder of a temporary permit,
it shall make an order fixing a time and place for a hearing
and requiring the licensee or holder of a temporary permit
complained against to appear and defend. The order shall
contain a copy of the complaint, and the order and copy of
the complaint shall be served upon the licensee or holder
of a temporary permit at least twenty days before the date
set for hearing, either personally or as provided in section
154A.21 . Continuance or adjournment of a hearing date may be
made for good cause. At the hearing the licensee or holder
of a temporary permit may be represented by counsel. The
licensee or holder of a temporary permit and the board may take
depositions in advance of hearing and after service of the
complaint, and either may compel the attendance of witnesses
by subpoenas issued by the board. The board shall issue such
subpoenas at the request of a licensee or holder of a temporary
permit. Either party taking depositions shall give at least
five days’ written notice to the other party of the time and
place of such depositions, and the other party may attend, with
counsel, if desired, and cross-examine.
If the board determines from the evidence and proofs
submitted that the licensee or holder of a temporary permit is
guilty of violating any of the provisions of this chapter , or
any of the regulations promulgated by the board pursuant to
this chapter , the department shall, within thirty days after
the hearing, issue an order refusing to issue or renew, or

House File 2464, p. 7
revoking or suspending, as the case may be, the hearing aid
dispenser’s license or temporary permit. The order shall
include the findings of fact and the conclusions of law made by
the board and counsel. A copy of the order shall be sent to the
licensee or holder of a temporary permit by registered mail.
The records of the department shall reflect the action taken
by the board on the charges, and the department shall preserve
a record of the proceedings in a manner similar to that used by
courts of record in this state.
The final order of the board in the proceedings may be
appealed to the district court of the county where the licensee
or holder of a temporary permit resides, or in which the
licensed hearing aid dispenser’s principal place of business
is located.
The department shall send a copy of the complaint and
a copy of the board’s final order to the attorney general
for purposes of information in the event the licensee or
holder of a temporary permit pursues a court appeal and for
consideration as to whether the violations are flagrant enough
to justify prosecution. The board shall forward a copy of
all final disciplinary orders, with associated complaints,
to the attorney general for consideration for prosecution or
enforcement when warranted. The attorney general and all
county attorneys shall assist the board and the department in
the enforcement of the provisions of this chapter .
Sec. 15. REPEAL. Sections 154A.2, 154A.3, 154A.4, 154A.5,
154A.6, 154A.8, 154A.9, 154A.11, 154A.14, 154A.15, 154A.17, and
154A.18, Code 2011, are repealed.
DIVISION III
LOCAL BOARDS OF HEALTH
Sec. 16. Section 135.1, subsection 6, Code 2011, is amended
by striking the subsection.
Sec. 17. Section 137.112, Code 2011, is amended by adding
the following new subsection:
NEW SUBSECTION . 4. This section does not apply to any
district board of health or district health department in
existence prior to July 1, 2010.
Sec. 18. Section 331.502, subsection 8, Code 2011, is
amended by striking the subsection.
Sec. 19. REPEAL. Section 135.32, Code 2011, is repealed.
Sec. 20. EFFECTIVE UPON ENACTMENT. The following provision
or provisions of this division of this Act, being deemed of
immediate importance, take effect upon enactment:

House File 2464, p. 8
1. The section of this Act amending section 137.112.
Sec. 21. RETROACTIVE APPLICABILITY. The following
provision or provisions of this division of this Act apply
retroactively to July 1, 2010:
1. The section of this Act amending section 137.112.
DIVISION IV
FEDERAL GRANTS REPORTING
Sec. 22. Section 135.11, Code Supplement 2011, is amended by
adding the following new subsection:
NEW SUBSECTION . 31. Report to the chairpersons and ranking
members of the joint appropriations subcommittee on health
and human services, the legislative services agency, the
legislative caucus staffs, and the department of management
within sixty calendar days of applying for or renewing a
federal grant which requires a state match or maintenance of
effort and has a value of over one hundred thousand dollars.
The report shall list the federal funding source and address
the potential need for the commitment of state funding in order
to match or continue the funding provided by the federal grant
in the present or future.
DIVISION V
HIV CONFIDENTIALITY
Sec. 23. Section 141A.9, Code Supplement 2011, is amended by
adding the following new subsection:
NEW SUBSECTION . 8. Medical information secured pursuant
to subsection 1 may be shared with other state or federal
agencies, with employees or agents of the department, or with
local units of government that have a need for the information
in the performance of their duties related to HIV prevention,
disease surveillance, or care of persons with HIV, only as
necessary to administer the program for which the information
is collected or to administer a program within the other
agency. Confidential information transferred to other persons
or entities under this subsection shall continue to maintain
its confidential status and shall not be rereleased by the
receiving person or entity.
DIVISION VI
REPEAL OF REPORTING REQUIREMENTS
Sec. 24. REPEAL. Section 135.165, Code 2011, is repealed.
DIVISION VII
RADIOLOGICAL HEALTH
Sec. 25. Section 136C.3, subsection 5, Code 2011, is amended
to read as follows:

House File 2464, p. 9
5. Issue orders as necessary in connection with licensing
and registration of radiation machines and radioactive
materials and the operators or users thereof .
Sec. 26. Section 136C.8, Code 2011, is amended to read as
follows:
136C.8 Inspections.
The department shall may inspect all radiation machines and
radioactive materials located in this state, for the purpose of
detecting, abating, or eliminating excessive radiation exposure
hazards. The inspection shall include but shall not be limited
to an evaluation of the radiation machine or radioactive
material as well as the immediate environment to ensure that
in using the machines or materials all unnecessary hazards for
patients, personnel, and other persons who may be exposed to
radiation produced by the machine or materials are avoided.
The inspection shall also include an evaluation of electrical
hazards as well as the adequacy of mechanical supporting and
restraining devices. All defects and deficiencies noted by
the inspector shall be fully disclosed and discussed with the
responsible persons at the time of inspection. The department
shall establish rules prescribing operating procedures for
radiation machines and radioactive materials which ensure
minimum radiation exposure to patients, personnel, and other
persons in the immediate environment.
Sec. 27. Section 136C.14, subsection 2, Code 2011, is
amended to read as follows:
2. A person, other than a licensed professional, who
operates a radiation machine or uses radioactive materials
for medical treatment or diagnostic purposes shall display
make available upon request the credentials which indicate
that person’s qualification to operate the machine or use the
materials in the immediate vicinity of the machine or where
the materials are stored . A person who owns or controls the
machine or materials is also responsible for the proper display
of credentials of those who operate the machine or use the
materials and shall not employ a person to operate the machine
or use the materials for medical treatment or diagnostic
purposes except as provided in this section .
Sec. 28. Section 136D.2, subsections 4 and 5, Code 2011, are
amended to read as follows:
4. “Tanning device” means any equipment that emits
electromagnetic radiation with wavelengths in the air between
200 and 400 nanometers and that is used for tanning of human

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skin, such as sunlamps, tanning booths , or tanning beds.
The term also includes any accompanying equipment such as
protective eyewear, timers, and handrails.
5. “Tanning facility” means a place that provides access
to tanning devices for compensation location, place, area,
structure, or business, or a part thereof, which provides
access to a tanning device for compensation . “Tanning facility”
may include but is not limited to a tanning salon, health club,
apartment, and condominium.
Sec. 29. Section 136D.8, subsection 2, Code 2011, is amended
by striking the subsection.
Sec. 30. NEW SECTION . 136D.9 Penalties.
1. The department may impose a civil penalty not to exceed
one thousand dollars on a person who violates a provision
of this chapter, a rule adopted or order issued under this
chapter, or a term, condition, or limitation of a registration
certificate issued pursuant to this chapter, or who commits
a violation for which a registration certificate may be
revoked under rules issued pursuant to this chapter. Each
day of continuing violation constitutes a separate offense
in computing the civil penalty. However, the maximum civil
penalty for a continuing violation shall not exceed five
thousand dollars.
2. The department shall notify a person of the intent to
impose a civil penalty against the person. The department
shall establish the notification process to include an
opportunity for the person to respond in writing, within a
reasonable time as the department shall establish by rule,
regarding reasons why the civil penalty should not be imposed.
3. The department may compromise, mitigate, or refund a
civil penalty imposed under this section. A person upon whom
a civil penalty is imposed may appeal the action pursuant to
chapter 17A. The department shall remit moneys collected from
civil penalties to the treasurer of the state who shall deposit
the moneys in the general fund of the state.
DIVISION VIII
PHARMACY RESEARCH PROJECTS
Sec. 31. 2011 Iowa Acts, chapter 63, section 36, subsection
1, is amended to read as follows:
1. Notwithstanding any provision of section 147.107,
subsection 2 , or section 155A.33 to the contrary, the board of
pharmacy may approve a pilot or demonstration research project
of innovative applications in the practice of pharmacy relating

House File 2464, p. 11
to the authority of prescription verification and the ability
of a pharmacist to provide enhanced patient care.
______________________________
KRAIG PAULSEN
Speaker of the House
______________________________
JOHN P. KIBBIE
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2464, Eighty-fourth General Assembly.
______________________________
W. CHARLES SMITHSON
Chief Clerk of the House
Approved _______________, 2012
______________________________
TERRY E. BRANSTAD
Governor