Bill Text: IA SF202 | 2013-2014 | 85th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to programs and services under the purview of the department of public health. (Formerly SSB 1016.) Effective 7-1-13.

Spectrum: Committee Bill

Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [SF202 Detail]

Download: Iowa-2013-SF202-Introduced.html

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Senate File 202 - Introduced
SENATE FILE 202
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO SSB 1016)
A BILL FOR
An Act relating to programs and services under the purview of
the department of public health.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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S.F. 202
DIVISION I
TRAUMA SYSTEM QUALITY IMPROVEMENT
Section 1. Section 147A.25, subsection 1, paragraph h, Code
2013, is amended to read as follows:
h. Iowa foundation of medical care director A representative
of the state’s Medicare quality improvement organization .
DIVISION II
REIMBURSEMENT FOR CERTAIN AUTOPSIES
Sec. 2. Section 331.802, subsection 2, paragraph c, Code
2013, is amended to read as follows:
c. The fee and expenses of the county medical examiner who
performs an autopsy or conducts an investigation of a person
who dies after being brought into this state for emergency
medical treatment by or at the direction of an out-of-state
law enforcement officer or public authority shall be paid by
the state. A claim for payment shall be filed with the Iowa
department of public health. If moneys are not appropriated
to the Iowa department of public health for the payment of
autopsies under this paragraph, claims for payment shall be
forwarded to the state appeal board and, if authorized by the
board, shall be paid out of moneys in the general fund of the
state not otherwise appropriated.
Sec. 3. Section 331.802, subsection 4, Code 2013, is amended
to read as follows:
4. The county medical examiner shall conduct the
investigation in the manner required by the state medical
examiner and shall determine whether the public interest
requires an autopsy or other special investigation. However,
if the death occurred in the manner specified in subsection
3 , paragraph “j”, the county medical examiner shall order
an autopsy, claims for the expense payment of which shall
be reimbursed by the Iowa department of public health filed
with the state appeal board and, if authorized by the board,
shall be paid out of moneys in the general fund of the state
not otherwise appropriated . In determining the need for an
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S.F. 202
autopsy, the county medical examiner may consider the request
for an autopsy from a public official or private person, but
the state medical examiner or the county attorney of the county
where the death occurred may require an autopsy.
DIVISION III
HIV HOME TEST KITS
Sec. 4. REPEAL. Section 126.25, Code 2013, is repealed.
DIVISION IV
TOBACCO CESSATION SERVICES —— MINORS
Sec. 5. NEW SECTION . 142A.11 Application for services ——
minors.
A minor shall have the legal capacity to act and give
consent to the provision of tobacco cessation services by
a hospital, clinic, health care provider, or other tobacco
cessation services provider. Consent shall not be subject to
later disaffirmance by reason of such minority. The consent of
another person, including but not limited to the consent of a
spouse, parent, custodian, or guardian, shall not be necessary.
EXPLANATION
This bill includes provisions that relate to programs and
services under the purview of the department of public health
(DPH). The bill is organized in divisions.
Division I relates to the membership of the system
evaluation and quality improvement committee for the trauma
system in the state. The bill changes the membership by
replacing the specific name of the one membership entity
with a general reference to the Medicare quality improvement
organization in the state.
Division II relates to county reimbursement for
investigations and autopsies that are for persons who die after
being brought into the state for emergency medical treatment
by or at the direction of an out-of-state law enforcement
officer or public authority; or for autopsies relating to the
death of a child under the age of two years if death results
from an unknown cause or if the circumstances surrounding the
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death indicate that sudden infant death syndrome may be the
cause of death. Current law directs that claims for these
investigations and autopsies are to be filed by counties
initially with DPH, and, if moneys are not appropriated to
DPH for this purpose, the claims are to then be forwarded to
the state appeal board. Under the bill, claims would not be
initially filed with DPH, but would instead be filed directly
with the state appeal board for authorization of payment
from the general fund of the state from funds not otherwise
appropriated.
Division III relates to human immunodeficiency virus
(HIV) home test kits. Current law prohibits a person from
advertising for sale, offering for sale, or selling an HIV
home testing kit for antibody or antigen testing, and provides
civil and criminal penalties as well as injunctive relief for
violation of the prohibition. The United States food and drug
administration approved the use of such kits in July 2012, and
the bill repeals the Code provision prohibiting the HIV home
test kits in the state.
Division IV of the bill provides that a minor shall have
the legal capacity to act and give consent to the provision
of tobacco cessation services by a hospital, clinic, health
care provider, or other tobacco cessation services provider.
Consent is not subject to later disaffirmance by reason of such
minority, and the consent of another person is not necessary.
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