Bill Text: IA SF2159 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to public health including public health modernization and boards of health. (Formerly SSB 3072.) Effective 7-1-16.
Spectrum: Committee Bill
Status: (Passed) 2016-03-24 - Signed by Governor. S.J. 599. [SF2159 Detail]
Download: Iowa-2015-SF2159-Enrolled.html
Senate File 2159 - Enrolled
SENATE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO SSB
3072)
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A BILL FOR
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Senate File 2159
AN ACT
RELATING TO PUBLIC HEALTH INCLUDING PUBLIC HEALTH MODERNIZATION
AND BOARDS OF HEALTH.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
IOWA PUBLIC HEALTH MODERNIZATION ACT
Section 1. Section 135A.2, Code 2016, is amended to read as
follows:
135A.2 Definitions.
As used in this chapter, unless the context otherwise
requires, the following definitions apply:
1. "Academic institution" means an institution of higher
education in the state which grants undergraduate and
postgraduate degrees in public health or another health=related
field and is accredited by a nationally recognized accrediting
agency as determined by the United States secretary of
education. For purposes of this definition, "accredited" means
a certification of the quality of an institution of higher
education.
2. "Accrediting entity" means a legal, independent,
nonprofit or governmental entity or entities approved by the
state board of health for the purpose of accrediting designated
local public health agencies and the department pursuant to the
voluntary accreditation program developed under this chapter.
3. "Administration" means the operational procedures,
personnel and fiscal management systems, and facility
requirements that must be in place for the delivery and
assurance of public health services.
4. "Committee" means the governmental public health
evaluation committee as established in this chapter.
5. "Communication and information technology" means the
processes, procedures, and equipment needed to provide public
information and transmit and receive information among public
health entities and community partners; and applies to the
procedures, physical hardware, and software required to
transmit, receive, and process electronic information.
6. 2. "Council" means the governmental public health
advisory council as established in this chapter.
7. 3. "Department" means the department of public health.
8. 4. "Designated local public health agency" means an
entity that is either governed by or contractually responsible
to a local board of health and designated by the local
board to comply with the Iowa public health standards for a
jurisdiction.
9. "Governance" means the functions and responsibilities
of the local boards of health and the state board of health to
oversee governmental public health matters.
10. 5. "Governmental public health system" means the system
described in section 135A.6 local boards of health, the state
board of health, designated local public health agencies, the
state hygienic laboratory, and the department.
11. "Iowa public health standards" means the governmental
public health standards adopted by rule by the state board of
health.
12. 6. "Local board of health" means a county or district
board of health.
13. 7. "Organizational capacity" means the governmental
public health infrastructure that must be in place in order to
deliver public health services.
14. "Public health region" means, at a minimum, one of six
geographical areas approved by the state board of health for
the purposes of coordination, resource sharing, and planning
and to improve delivery of public health services.
15. "Public health services" means the basic public health
services that all Iowans should reasonably expect to be
provided by designated local public health agencies and the
department.
16. "Voluntary accreditation" means verification of a
designated local public health agency or the department that
demonstrates compliance with the Iowa public health standards
by an accrediting entity.
17. "Workforce" means the necessary qualified and competent
staff required to deliver public health services.
8. "Public health system" means all public, private, and
voluntary entities that contribute to the delivery of public
health services within a jurisdiction.
Sec. 2. Section 135A.3, Code 2016, is amended to read as
follows:
135A.3 Governmental public health system modernization ==
lead agency.
1. The department is designated as the lead agency in this
state to administer this chapter.
2. The department, in collaboration with the governmental
public health advisory council and the governmental public
health evaluation committee, shall coordinate implementation
of this chapter including but not limited to the voluntary
accreditation of designated local public health agencies and
the department in accordance with the Iowa public health
standards. Such implementation administration shall include
evaluation of and quality improvement measures for the
governmental public health system.
Sec. 3. Section 135A.4, Code 2016, is amended to read as
follows:
135A.4 Governmental public health advisory council ==
legislative intent.
1. It is the intent of the general assembly that Iowa's
governmentally sponsored public health system be effective,
efficient, well=organized, and well=coordinated in order to
have the greatest impact on the improvement of health status
for all Iowans. The governmental public health advisory
council is intended to support this goal, and is established to
provide recommendations to the director of the department to
support improved organization and delivery of critical public
health services across the state.
1. 2. A governmental public health advisory council
is established to advise the department and make policy
recommendations to the director of the department concerning
administration, implementation, and coordination of this
chapter and to make recommendations to the department and
the state board of health regarding the governmental public
health system. The council shall meet at least quarterly. The
council shall consist of no fewer than fifteen members and
no more than twenty=three twenty=eight members. The members
shall be appointed by the director. The director may solicit
and consider recommendations from professional organizations,
associations, and academic institutions in making appointments
to the council.
2. Council members shall not be members of the governmental
public health evaluation committee.
3. Council members shall serve for a term of two years and
may be reappointed for a maximum of three consecutive terms.
Initial appointment shall be in staggered terms. Vacancies
shall be filled for the remainder of the original appointment.
4. The membership of the council shall consist of all
of the following members who satisfy all of the following
requirements:
a. One member who has expertise in injury prevention.
b. One member who has expertise in environmental health.
c. One member who has expertise in emergency preparedness.
d. One member who has expertise in health promotion and
chronic disease prevention.
e. One member who has epidemiological expertise in
communicable and infectious disease prevention and control.
f. a. One member representing each of Iowa's six public
health regions Twelve members who is represent various
subfields of public health. These members shall provide
geographical representation from all areas of the state. Each
of these members shall be an employee of a designated local
public health agency or member of a local board of health.
Such members shall include a minimum of one local public health
administrator and one physician member of a local board of
health.
g. b. Two members who are representatives of the
department.
h. c. The director of the state hygienic laboratory at the
university of Iowa, or the director's designee.
i. d. At least one representative two representatives
from academic institutions which grant undergraduate and
postgraduate degrees in public health or other related health
field and are accredited by a nationally recognized accrediting
agency as determined by the United States secretary of
education. For purposes of this paragraph, "accredited" means
a certification of the quality of an institution of higher
education.
j. e. Two members who serve on a county board of
supervisors.
f. At least one economist who has demonstrated experience in
public health, health care, or a health=related field.
g. At least one research analyst.
k. h. Four nonvoting, ex officio members who shall consist
of four members of the general assembly, two from the senate
and two from the house of representatives, with not more than
one member from each chamber being from the same political
party. The two senators shall be designated, one member each,
by the majority leader of the senate after consultation with
the president and by the minority leader of the senate. The
two representatives shall be designated, one member each, by
the speaker of the house of representatives after consultation
with the majority leader of the house of representatives and by
the minority leader of the house of representatives.
l. i. A member of the state board of health who shall be a
nonvoting, ex officio member.
5. The council may utilize other relevant public
health expertise when necessary to carry out its roles and
responsibilities.
6. The council shall do all of the following:
a. Advise the department and make policy recommendations to
the director of the department and the state board of health
concerning administration, implementation, and coordination of
this chapter and the governmental public health system.
b. Propose to the director public health standards
that should may be utilized for voluntary accreditation of
designated local public health agencies and the department that
include but are not limited to the organizational capacity and
by the governmental public health service components described
in section 135A.6, subsection 1, by October 1, 2009 system.
c. Recommend to the department an accrediting entity and
identify the roles and responsibilities for the oversight and
implementation of the voluntary accreditation of designated
local public health agencies and the department by January 2,
2010. This shall include completion of a pilot accreditation
process for one designated local public health agency and the
department by July 1, 2011 Develop and implement processes for
longitudinal evaluation of the public health system including
collection of information about organizational capacity and
public health service delivery.
d. Recommend to the director strategies to implement
voluntary accreditation of designated local public health
agencies and the department effective January 2, 2012.
e. Periodically review and make recommendations to the
department regarding revisions to the public health standards
pursuant to paragraph "b", as needed and based on reports
prepared by the governmental public health evaluation committee
pursuant to section 135A.5.
d. Determine what process and outcome improvements in the
governmental public health system are attributable to voluntary
accreditation.
e. Assure that the evaluation process is capturing data to
support key research in public health system effectiveness and
health outcomes.
f. Develop and make recommendations for improvements to the
public health system.
g. Make recommendations for resources to support the public
health system.
f. h. Review rules developed and adopted by the state board
of health under this chapter and make recommendations to the
department for revisions to further promote implementation
of this chapter and modernization of the governmental public
health system.
g. i. Form and utilize subcommittees as necessary to carry
out the duties of the council.
j. Annually submit a report on the activities of the council
to the state board of health by July 1.
Sec. 4. Section 135A.8, subsections 2 and 3, Code 2016, are
amended to read as follows:
2. The fund is established to assist local boards of health
and the department with the provision of governmental public
health system organizational capacity and public health service
delivery and to achieve and maintain voluntary accreditation
in accordance with the Iowa public health standards. At least
seventy percent of the funds shall be made available to local
boards of health and up to thirty percent of the funds may be
utilized by the department.
3. Moneys in the fund may be allocated by the department
to a local board of health for organizational capacity and
service delivery. Such allocation may be made on a matching,
dollar=for=dollar basis for the acquisition of equipment,
or by providing grants to achieve and maintain voluntary
accreditation in accordance with the Iowa public health
standards.
Sec. 5. Section 135A.9, Code 2016, is amended to read as
follows:
135A.9 Rules.
The state board of health shall adopt rules pursuant to
chapter 17A to implement this chapter which shall include but
are not limited to the following:
1. Incorporation of the Iowa public health standards
recommended to the department pursuant to section 135A.4,
subsection 6.
2. A voluntary accreditation process to begin no later than
January 2, 2012, for designated local public health agencies
and the department.
3. 1. Rules relating to the operation of the governmental
public health advisory council.
4. Rules relating to the operation of the governmental
public health system evaluation committee.
5. 2. The application and award process for governmental
public health system fund moneys.
6. Rules relating to data collection for the governmental
public health system and the voluntary accreditation program.
7. 3. Rules otherwise necessary to implement the chapter.
Sec. 6. REPEAL. Sections 135A.5, 135A.6, 135A.7, and
135A.10, Code 2016, are repealed.
DIVISION II
STATE AND DISTRICT BOARDS OF HEALTH
Sec. 7. Section 136.3, subsection 5, Code 2016, is amended
by striking the subsection.
Sec. 8. Section 136.3, subsections 6 and 8, Code 2016, are
amended to read as follows:
6. Assure that the department complies with Iowa Code, and
administrative rules, and the Iowa public health standards.
For this purpose the board shall have access at any time to all
documents and records of the department.
8. Advise or make recommendations to the director of public
health, governor, and general assembly relative to public
health and advocate for state and local public health to comply
with the Iowa the importance of public health standards for
state and local public health.
Sec. 9. Section 137.102, subsection 10, Code 2016, is
amended by striking the subsection.
Sec. 10. Section 137.104, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2016, is amended to read as
follows:
Make and enforce such reasonable rules and regulations not
inconsistent with law, and the rules of the state board, or
the Iowa public health standards as may be necessary for the
protection and improvement of the public health.
Sec. 11. Section 137.105, subsection 1, paragraph c, Code
2016, is amended to read as follows:
c. All members of a district board shall be appointed by
the county board of supervisors from each county represented by
the district. Each county board of supervisors shall appoint
at least one but no more than three members to the district
board, and each county board of supervisors shall appoint the
same number of members to the district board. There shall
be no more than one board of supervisors member from any
participating county on the district board.
Sec. 12. Section 137.106, subsection 1, Code 2016, is
amended to read as follows:
1. A written narrative that explains how the formation of a
district board will increase organizational capacity and attain
the capability to provide population=based and personal public
health services compared with operating as individual county
boards.
Sec. 13. Section 137.111, Code 2016, is amended to read as
follows:
137.111 District treasurer and auditor.
Upon establishment of a district board, the district board
shall designate a treasurer of a county within its jurisdiction
to serve as treasurer of the district health department, and
shall designate the an auditor of the same county to serve as
auditor of the district health department. The A treasurer or
auditor of any county within the district may also serve in
the capacity of treasurer or auditor of the district health
department, respectively, or the district board may contract
with a third party to act as the treasurer or auditor of the
district health department. A county treasurer's and the or
county auditor's official bonds shall bond may extend to cover
their respective duties performed on behalf of the district
health department. A county treasurer shall not serve in
the capacity of district health department treasurer without
consent from the county and agreement from the treasurer to
perform this function, and a county auditor shall not serve
in the capacity of district health department auditor without
consent from the county and agreement from the auditor to
perform this function.
PAM JOCHUM
President of the Senate
LINDA UPMEYER
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2159, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2016
TERRY E. BRANSTAD
Governor
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