Bill Text: IA SF514 | 2023-2024 | 90th General Assembly | Enrolled


Bill Title: A bill for an act relating to the organization, structure, and functions of state government, providing for salaries of appointed state officers, providing for penalties, making appropriations, providing Code editor directives and transition provisions, and including applicability and effective date provisions. (Formerly SSB 1123.) Contingent effective date. Applicability date: Enactment, 07/01/2023.

Spectrum: Committee Bill

Status: (Passed) 2023-05-16 - Fiscal note. [SF514 Detail]

Download: Iowa-2023-SF514-Enrolled.html
Senate File 514 - Enrolled Senate File 514 AN ACT RELATING TO THE ORGANIZATION, STRUCTURE, AND FUNCTIONS OF STATE GOVERNMENT, PROVIDING FOR SALARIES OF APPOINTED STATE OFFICERS, PROVIDING FOR PENALTIES, MAKING APPROPRIATIONS, PROVIDING CODE EDITOR DIRECTIVES AND TRANSITION PROVISIONS, AND INCLUDING APPLICABILITY AND EFFECTIVE DATE PROVISIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: DIVISION I DEPARTMENT OF HEALTH AND HUMAN SERVICES Section 1. Section 2.56, subsection 5, Code 2023, is amended to read as follows: 5. The legislative services agency, in cooperation with the division of department of health and human services as the agency responsible for criminal and juvenile justice planning of the department of human rights , shall develop a protocol for analyzing the impact of the legislation on minorities. Sec. 2. Section 7A.3, subsection 1, paragraph c, Code 2023, is amended to read as follows: c. Director of the department of health and human services. Sec. 3. Section 7A.30, subsection 1, Code 2023, is amended to read as follows: 1. Each state board, commission, department, and division of state government and each institution under the control of the department of health and human services, the Iowa department of corrections and the state board of regents and each division of the state department of transportation
Senate File 514, p. 2 are responsible for keeping a written, detailed, up-to-date inventory of all real and personal property belonging to the state and under their charge, control, and management. The inventories shall be in the form prescribed by the director of the department of administrative services. Sec. 4. Section 7D.29, subsection 3, Code 2023, is amended to read as follows: 3. The executive council shall receive requests from the Iowa department of public health and human services relative to the purchase, storing, and distribution of vaccines and medication for prevention, prophylaxis, or treatment. Upon review and after compliance with subsection 2 , the executive council may approve the request and may authorize payment of the necessary expense. The expense authorized by the executive council under this subsection shall be paid from the appropriations referred to in subsection 1. Sec. 5. Section 7E.5, subsection 1, paragraphs i, j, k, and s, Code 2023, are amended to read as follows: i. The department of health and human services, created in section 217.1 , which has primary responsibility for services to individuals to promote the well-being and the social and economic development of the people of the state ; . j. The Iowa department of public health, created in chapter 135 , which has primary responsibility for supervision of public health programs, promotion of public hygiene and sanitation, treatment and prevention of substance abuse use disorder , and enforcement of related laws ; . k. The department on aging, created in section 231.21 , which has primary responsibility for leadership and program management for programs which serve the older individuals of the state ; and for services relating to Latino persons, women, persons with disabilities, community action agencies, criminal and juvenile justice planning, African Americans, deaf and hard-of-hearing persons, persons of Asian and Pacific Islander heritage, and Native Americans . s. The department of human rights, created in section 216A.1 , which has primary responsibility for services relating to Latino persons, women, persons with disabilities, community action agencies, criminal and juvenile justice planning,
Senate File 514, p. 3 African Americans, deaf and hard-of-hearing persons, persons of Asian and Pacific Islander heritage, and Native Americans. Sec. 6. Section 8.39, subsection 2, Code 2023, is amended to read as follows: 2. If the appropriation of a department, institution, or agency is insufficient to properly meet the legitimate expenses of the department, institution, or agency, the director, with the approval of the governor, may make an interdepartmental transfer from any other department, institution, or agency of the state having an appropriation in excess of its needs, of sufficient funds to meet that deficiency. Such transfer shall be to an appropriation made from the same funding source and within the same fiscal year. The amount of a transfer made from an appropriation under this subsection shall be limited to not more than one-tenth of one percent of the total of all appropriations made from the funding source of the transferred appropriation for the fiscal year in which the transfer is made. An interdepartmental transfer to an appropriation which is not an entitlement appropriation is not authorized when the general assembly is in regular session and, in addition, the sum of interdepartmental transfers in a fiscal year to an appropriation which is not an entitlement appropriation shall not exceed fifty percent of the amount of the appropriation as enacted by the general assembly. For the purposes of this subsection , an entitlement appropriation is a line item appropriation to the state public defender for indigent defense or to the department of health and human services for foster care, state supplementary assistance, or medical assistance, or for the family investment program. Sec. 7. Section 8A.321, subsection 4, Code 2023, is amended to read as follows: 4. Contract, with the approval of the executive council, for the repair, remodeling, or, if the condition warrants, demolition of all buildings and grounds of the state at the seat of government, at the state laboratories facility in Ankeny, and the institutions of the department of health and human services and the department of corrections for which no specific appropriation has been made, if the cost of repair, remodeling, or demolition will not exceed one hundred thousand
Senate File 514, p. 4 dollars when completed. The cost of repair projects for which no specific appropriation has been made shall be paid as an expense authorized by the executive council as provided in section 7D.29 . Sec. 8. Section 8A.362, subsection 8, Code 2023, is amended to read as follows: 8. All fuel used in state-assigned automobiles shall be purchased at cost from the various installations or garages of the state department of transportation, state board of regents, department of health and human services, or state motor pools throughout the state, unless the state-owned sources for the purchase of fuel are not reasonably accessible. If the director determines that state-owned sources for the purchase of fuel are not reasonably accessible, the director shall authorize the purchase of fuel from other sources. The director may prescribe a manner, other than the use of the revolving fund, in which the purchase of fuel from state-owned sources is charged to the state agency responsible for the use of the motor vehicle. The director shall prescribe the manner in which oil and other normal motor vehicle maintenance for state-owned motor vehicles may be purchased from private sources, if they cannot be reasonably obtained from a state motor pool. The director may advertise for bids and award contracts in accordance with competitive bidding procedures for items and services as provided in this subchapter for furnishing fuel, oil, grease, and vehicle replacement parts for all state-owned motor vehicles. The director and other state agencies, when advertising for bids for gasoline, shall also seek bids for ethanol blended gasoline. Sec. 9. Section 8A.504, subsection 1, paragraph d, subparagraph (1), Code 2023, is amended to read as follows: (1) Any debt, which is assigned to the department of health and human services, or which is owed to the department of health and human services for unpaid premiums under section 249A.3, subsection 2 , paragraph “a” , subparagraph (1), or which the child support recovery unit services is otherwise attempting to collect, or which the foster care recovery unit services of the department of health and human services is attempting to collect on behalf of a child receiving foster
Senate File 514, p. 5 care provided by the department of health and human services. Sec. 10. Section 8A.504, subsection 2, unnumbered paragraph 1, Code 2023, is amended to read as follows: The collection entity shall establish and maintain a procedure to set off against any claim owed to a person by a public agency any liability of that person owed to a public agency, a support debt being enforced by the child support recovery unit services pursuant to chapter 252B , or such other qualifying debt. The procedure shall only apply when at the discretion of the director it is feasible. The procedure shall meet the following conditions: Sec. 11. Section 8A.512, subsection 1, paragraph b, subparagraph (2), Code 2023, is amended to read as follows: (2) Claims for medical assistance payments authorized under chapter 249A are subject to the time limits imposed by rule adopted by the department of health and human services. Sec. 12. Section 10A.108, Code 2023, is amended to read as follows: 10A.108 Improper health and human services entitlement benefits or provider payments —— debt, lien, collection. 1. a. If a person refuses or neglects to repay benefits or provider payments inappropriately obtained from the department of health and human services, the amount inappropriately obtained, including any interest, penalty, or costs attached to the amount, constitutes a debt and is a lien in favor of the state upon all property and any rights or title to or interest in property, whether real or personal, belonging to the person for the period established in subsection 2 , with the exception of property which is exempt from execution pursuant to chapter 627 . b. A lien under this section shall not attach to any amount of inappropriately obtained benefits or provider payments, or portions of the benefits or provider payments, attributable to errors by the department of health and human services. Liens shall only attach to the amounts of inappropriately obtained benefits or provider payments or portions of the benefits or provider payments which were obtained due to false, misleading, incomplete, or inaccurate information submitted by a person in connection with the application for or receipt of benefits or
Senate File 514, p. 6 provider payments. 2. a. The lien attaches at the time the notice of the lien is filed under subsection 3 , and continues for ten years from that date, unless released or otherwise discharged at an earlier time. b. The lien may be extended, within ten years from the date of attachment, if a person files a notice with the county recorder or other appropriate county official of the county in which the property is located at the time of filing the extension. From the time of the filing of the notice, the lien period shall be extended for ten years to apply to the property in the county in which the notice is filed, unless released or otherwise discharged at an earlier time. The number of extensions is not limited. c. The director department shall discharge any lien which is allowed to lapse and may charge off any account and release the corresponding lien before the lien has lapsed if the director department determines, under uniform rules prescribed by the director, that the account is uncollectible or collection costs involved would not warrant collection of the amount due. 3. To preserve the lien against subsequent mortgagees, purchasers, or judgment creditors, for value and without notice of the lien, on any property located in a county, the director shall file a notice of the lien with the recorder of the county in which the property is located at the time of filing of the notice. 4. The county recorder of each county shall prepare and maintain in the recorder’s office an index of liens of debts established based upon benefits or provider payments inappropriately obtained from and owed the department of health and human services, containing the applicable entries specified in sections 558.49 and 558.52 , and providing appropriate columns for all of the following data, under the names of debtors, arranged alphabetically: a. The name of the debtor. b. “State of Iowa, Department of Health and Human Services” as claimant. c. The time that the notice of the lien was filed for recording.
Senate File 514, p. 7 d. The date of notice. e. The amount of the lien currently due. f. The date of the assessment. g. The date of satisfaction of the debt. h. Any extension of the time period for application of the lien and the date that the notice for extension was filed. 5. The recorder shall endorse on each notice of lien the day and time filed for recording and the document reference number, and shall preserve the notice. The recorder shall index the notice and shall record the lien in the manner provided for recording real estate mortgages. The lien is effective from the time of the indexing. 6. The department shall pay, from moneys appropriated to the department for this purpose, recording fees as provided in section 331.604 , for the recording of the lien. 7. Upon payment of a debt for which the director department has filed notice with a county recorder, the director department shall provide to the debtor a satisfaction of the debt. The debtor shall be responsible for filing the satisfaction of the debt with the recorder and the recorder shall enter the satisfaction on the notice on file in the recorder’s office. 8. The department of inspections , and appeals , and licensing , as provided in this chapter and chapter 626 , shall proceed to collect all debts owed the department of health and human services as soon as practicable after the debt becomes delinquent. If service has not been made on a distress warrant by the officer to whom addressed within five days from the date the distress warrant was received by the officer, the authorized investigators of the department of inspections , and appeals , and licensing may serve and make return of the warrant to the clerk of the district court of the county named in the distress warrant, and all subsequent procedures shall be in compliance with chapter 626 . 9. The distress warrant shall be in a form as prescribed by the director, shall be directed to the sheriff of the appropriate county, and shall identify the debtor, the type of debt, and the delinquent amount. The distress warrant shall direct the sheriff to distrain, seize, garnish, or levy
Senate File 514, p. 8 upon, and sell, as provided by law, any real or personal property belonging to the debtor to satisfy the amount of the delinquency plus costs. The distress warrant shall also direct the sheriff to make due and prompt return to the department or to the district court under chapter 626 of all amounts collected. 10. The attorney general, upon the request of the director of inspections , and appeals , and licensing , shall bring an action, as the facts may justify, without bond, to enforce payment of any debts under this section , and in the action the attorney general shall have the assistance of the county attorney of the county in which the action is pending. 11. The remedies of the state shall be cumulative and no action taken by the director of inspections , and appeals , and licensing or attorney general shall be construed to be an election on the part of the state or any of its officers to pursue any remedy to the exclusion of any other remedy provided by law. Sec. 13. Section 10A.402, subsections 4 and 5, Code 2023, are amended to read as follows: 4. Investigations and collections relative to the liquidation of overpayment debts owed to the department of health and human services. Collection methods include but are not limited to small claims filings, debt setoff, distress warrants, and repayment agreements, and are subject to approval by the department of health and human services. 5. Investigations relative to the administration of the state supplementary assistance program, the state medical assistance program, the food stamp supplemental nutrition assistance program, the family investment program, and any other state or federal benefit assistance program. Sec. 14. Section 11.5B, Code 2023, is amended to read as follows: 11.5B Repayment of audit expenses by state departments and agencies. The auditor of state shall be reimbursed by a department or agency for performing audits or examinations of the following state departments or agencies, or funds received by a department or agency:
Senate File 514, p. 9 1. Department of commerce. 2. Department of health and human services. 3. State department of transportation. 4. Iowa department of public health. 5. 4. State board of regents. 6. 5. Department of agriculture and land stewardship. 7. 6. Iowa veterans home. 8. 7. Department of education. 9. 8. Department of workforce development. 10. 9. Department of natural resources. 11. 10. Offices of the clerks of the district court of the judicial branch. 12. 11. The Iowa public employees’ retirement system. 13. 12. Federal financial assistance, as defined in the federal Single Audit Act, 31 U.S.C. §7501, et seq., received by all other departments. 14. 13. Department of administrative services. 15. 14. Office of the chief information officer of the department of management. Sec. 15. Section 11.6, subsection 1, paragraph b, Code 2023, is amended to read as follows: b. The financial condition and transactions of community mental health centers organized under chapter 230A , substance abuse use disorder programs organized under chapter 125 , and community action agencies organized under chapter 216A , shall be audited at least once each year. Sec. 16. Section 12.10, Code 2023, is amended to read as follows: 12.10 Deposits by state officers. Except as otherwise provided, all elective and appointive state officers, boards, commissions, and departments shall, within ten days succeeding the collection, deposit with the treasurer of state, or to the credit of the treasurer of state in any depository designated by the treasurer of state, ninety percent of all fees, commissions, and moneys collected or received. The balance actually collected in cash, remaining in the hands of any officer, board, or department shall not exceed the sum of five thousand dollars and money collected shall not be held more than thirty days. This section does not
Senate File 514, p. 10 apply to the state fair board, the state board of regents, the utilities board of the department of commerce, the director of the department of health and human services, the Iowa finance authority , or to the funds received by the state racing and gaming commission under sections 99D.7 and 99D.14 . Sec. 17. Section 12E.3A, subsection 1, Code 2023, is amended to read as follows: 1. The general assembly reaffirms and reenacts the purposes stated for the use of moneys deposited in the healthy Iowans tobacco trust, as the purposes were enacted in 2000 Iowa Acts, ch. 1232, §12, and codified in section 12.65 , Code 2007, as the purposes for the endowment for Iowa’s health account. The purposes include those purposes related to health care, substance abuse use disorder treatment and enforcement, tobacco use prevention and control, and other purposes related to the needs of children, adults, and families in the state. Sec. 18. Section 15.102, subsection 12, paragraph b, subparagraph (1), subparagraph division (d), Code 2023, is amended to read as follows: (d) Psychoactive substance abuse use disorders resulting from current illegal use of drugs. Sec. 19. Section 15H.1A, Code 2023, is amended to read as follows: 15H.1A Definitions. For purposes of this chapter , unless the context otherwise requires: 1. “Authority” means the economic development authority created in section 15.105 . 2. 1. “Commission” means the Iowa commission on volunteer service created in section 15H.2 . 2. “Department” means the department of health and human services. 3. “Director” means the director of the authority health and human services . Sec. 20. Section 15H.2, subsection 1, Code 2023, is amended to read as follows: 1. The Iowa commission on volunteer service is created within the authority department . The governor shall appoint the commission’s members. The director may employ personnel
Senate File 514, p. 11 as necessary to carry out the duties and responsibilities of the commission. Sec. 21. Section 15H.2, subsection 3, paragraph i, Code 2023, is amended to read as follows: i. Administer the retired and senior volunteer program. Sec. 22. Section 15H.4, subsection 1, Code 2023, is amended to read as follows: 1. The authority department shall serve as the lead agency for administration of the commission. The authority department may consult with the department of education, the state board of regents, and the department of workforce development for any additional administrative support as necessary to fulfill the duties of the commission. All other state agencies, at the request of the authority department , shall provide assistance to the commission to ensure a fully coordinated state effort for promoting national and community service. Sec. 23. Section 15H.5, subsection 5, paragraph a, Code 2023, is amended to read as follows: a. Funding for the Iowa summer youth corps program, the Iowa green corps program established pursuant to section 15H.6 , the Iowa reading corps program established pursuant to section 15H.7 , the RefugeeRISE AmeriCorps program established pursuant to section 15H.8 , and the Iowa national service corps program established pursuant to section 15H.9 shall be obtained from private sector, and local, state, and federal government sources, or from other available funds credited to the community programs account, which shall be created within the economic development authority department under the authority of the commission. Moneys available in the account for a fiscal year are appropriated to the commission to be used for the programs. The commission may establish an escrow account within the authority department and obligate moneys within that escrow account for tuition or program payments to be made beyond the term of any fiscal year. Notwithstanding section 12C.7, subsection 2 , interest earned on moneys in the community programs account shall be credited to the account. Notwithstanding section 8.33 , moneys in the community programs account or escrow account shall not revert to the general fund but shall remain available for expenditure in future fiscal
Senate File 514, p. 12 years. Sec. 24. Section 15H.8, Code 2023, is amended to read as follows: 15H.8 RefugeeRISE AmeriCorps program. 1. a. The commission, in collaboration with the department of human services , shall establish a Refugee Rebuild, Integrate, Serve, Empower (RefugeeRISE) AmeriCorps program to increase community integration and engagement for diverse refugee communities in rural and urban areas across the state. b. The commission, in collaboration with the department of human services , may adopt rules pursuant to chapter 17A to implement and administer this section . 2. The commission may use moneys in and lawfully available to the community programs account created in section 15H.5 to fund the program. 3. The commission shall submit an annual report to the general assembly and the department of human services relating to the efficacy of the program. Sec. 25. Section 15H.10, subsection 6, Code 2023, is amended to read as follows: 6. Notwithstanding section 8.33 , moneys appropriated to the economic development authority department for allocation to the commission for purposes of this section that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available to be used for the purposes designated in this section until the close of the succeeding fiscal year. Sec. 26. Section 16.2D, subsection 1, Code 2023, is amended to read as follows: 1. A council on homelessness is created consisting of twenty members, eleven of whom are voting members and nine of whom are nonvoting members . At all times, at least one voting member shall be a member of a minority group. Sec. 27. Section 16.2D, subsection 2, paragraph b, Code 2023, is amended to read as follows: b. Nine nonvoting Nonvoting agency director members consisting of all of the following: (1) The director of the department of education or the director’s designee.
Senate File 514, p. 13 (2) The director of health and human services or the director’s designee. (3) The attorney general or the attorney general’s designee. (4) The director of public health or the director’s designee. (5) The director of the department on aging or the director’s designee. (6) (4) The director of the department of corrections or the director’s designee. (7) (5) The director of the department of workforce development or the director’s designee. (8) (6) The executive director of the Iowa finance authority or the executive director’s designee. (9) (7) The director of the department of veterans affairs or the director’s designee. Sec. 28. Section 16.3, subsection 9, Code 2023, is amended to read as follows: 9. The interest costs paid by group homes of fifteen beds or less licensed as health care facilities or child foster care facilities for facility acquisition and indirectly reimbursed by the department of health and human services through payments for patients at those facilities who are recipients of medical assistance or state supplementary assistance are severe drains on the state’s budget. A reduction in these costs obtained through financing with tax-exempt revenue bonds would clearly be in the public interest. Sec. 29. Section 16.47, subsection 3, Code 2023, is amended to read as follows: 3. The authority, in cooperation with the department on aging of health and human services , shall annually allocate moneys available in the home and community-based services revolving loan program fund to develop and expand facilities and infrastructure that provide adult day services, respite services, congregate meals, and programming space for health and wellness, health screening, and nutritional assessments that address the needs of persons with low incomes. Sec. 30. Section 16.48, subsections 1 and 3, Code 2023, are amended to read as follows:
Senate File 514, p. 14 1. A transitional housing revolving loan program fund is created within the authority to further the availability of affordable housing for parents that are reuniting with their children while completing or participating in substance abuse use disorder treatment. The moneys in the fund are annually appropriated to the authority to be used for the development and operation of a revolving loan program to provide financing to construct affordable transitional housing, including through new construction or acquisition and rehabilitation of existing housing. The housing provided shall be geographically located in close proximity to licensed substance abuse use disorder treatment programs. Preference in funding shall be given to projects that reunite mothers with the mothers’ children. 3. The authority shall annually allocate moneys available in the transitional housing revolving loan program fund for the development of affordable transitional housing for parents that are reuniting with the parents’ children while completing or participating in substance abuse use disorder treatment. The authority shall develop a joint application process for the allocation of federal low-income housing tax credits and the funds available under this section . Moneys allocated to such projects may be in the form of loans, grants, or a combination of loans and grants. Sec. 31. Section 16.49, subsection 4, Code 2023, is amended to read as follows: 4. a. A project shall demonstrate written approval of the project by the department of health and human services to the authority prior to application for funding under this section . b. In order to be approved by the department of health and human services for application for funding for development of permanent supportive housing under this section , a project shall include all of the following components: (1) Provision of services to any of the following Medicaid waiver-eligible individuals: (a) Individuals who are currently underserved in community placements, including individuals who are physically aggressive or have behaviors that are difficult to manage or individuals who meet the psychiatric medical institution for children level of care.
Senate File 514, p. 15 (b) Individuals who are currently residing in out-of-state facilities. (c) Individuals who are currently receiving care in a licensed health care facility. (2) A plan to provide each individual with crisis stabilization services to ensure that the individual’s behavioral issues are appropriately addressed by the provider. (3) Policies and procedures that prohibit discharge of the individual from the waiver services provided by the project provider unless an alternative placement that is acceptable to the client or the client’s guardian is identified. c. In order to be approved by the department of health and human services for application for funding for development of infrastructure in which to provide supportive services under this section , a project shall include all of the following components: (1) Provision of services to Medicaid waiver-eligible individuals who meet the psychiatric medical institution for children level of care. (2) Policies and procedures that prohibit discharge of the individual from the waiver services provided by the project provider unless an alternative placement that is acceptable to the client or the client’s guardian is identified. d. Housing provided through a project under this section is exempt from the requirements of chapter 135O . Sec. 32. Section 22.7, subsections 2, 16, 35, 61, and 62, Code 2023, are amended to read as follows: 2. Hospital records, medical records, and professional counselor records of the condition, diagnosis, care, or treatment of a patient or former patient or a counselee or former counselee, including outpatient. However, confidential communications between a crime victim and the victim’s counselor are not subject to disclosure except as provided in section 915.20A . However, the Iowa department of public health and human services shall adopt rules which provide for the sharing of information among agencies and providers concerning the maternal and child health program including but not limited to the statewide child immunization information system, while maintaining an individual’s confidentiality.
Senate File 514, p. 16 16. Information in a report to the Iowa department of public health and human services , to a local board of health, or to a local health department, which identifies a person infected with a reportable disease. 35. Records of the Iowa department of public health and human services pertaining to participants in the gambling treatment program except as otherwise provided in this chapter . 61. Records of the department on aging of health and human services pertaining to clients served by the state office or a local office of public guardian as defined in section 231E.3 . 62. Records maintained by the department on aging of health and human services or office of long-term care ombudsman that disclose the identity of a complainant, resident, tenant, or individual receiving services provided by the department on aging of health and human services , an area agency on aging, or the office of long-term care ombudsman, unless disclosure is otherwise allowed under section 231.42, subsection 12 , paragraph “a” . Sec. 33. Section 23A.2, subsection 10, paragraph l, unnumbered paragraph 1, Code 2023, is amended to read as follows: The offering of goods and services to the public as part of a client training program operated by a state resource center under the control of the department of health and human services provided that all of the following conditions are met: Sec. 34. Section 23A.2, subsection 10, paragraph l, subparagraph (1), Code 2023, is amended to read as follows: (1) Any off-campus vocational or employment training program developed or operated by the department of health and human services for clients of a state resource center is a supported vocational training program or a supported employment program offered by a community-based provider of services or other employer in the community. Sec. 35. Section 28M.1, subsection 7, Code 2023, is amended to read as follows: 7. “Transportation” means the movement of individuals in a four or more wheeled motorized vehicle designed to carry passengers, including a car, van, or bus, or the carrying of individuals upon cars operated upon stationary rails,
Senate File 514, p. 17 between one geographic point and another geographic point. “Transportation” does not include emergency or incidental transportation or transportation conducted by the department of health and human services at its institutions. Sec. 36. Section 35A.5, subsection 5, paragraph a, Code 2023, is amended to read as follows: a. Coordinate with United States department of veterans affairs hospitals, health care facilities, and clinics in this state and the department of public health and human services to provide assistance to veterans and their families to reduce the incidence of alcohol and chemical dependency and suicide among veterans and to make mental health counseling available to veterans. Sec. 37. Section 35D.14A, Code 2023, is amended to read as follows: 35D.14A Volunteer record checks. 1. Persons who are potential volunteers or volunteers in the Iowa veterans home in a position having direct individual contact with patients or residents of the home shall be subject to criminal history and child and dependent adult abuse record checks in accordance with this section . The Iowa veterans home shall request that the department of public safety perform the criminal history check and the record check evaluation system of the department of health and human services perform child and dependent adult abuse record checks of the person in this state and may request these checks in other states. 2. a. If it is determined that a person has been convicted of a crime under a law of any state or has a record of founded child or dependent adult abuse, the person shall not participate as a volunteer with direct individual contact with patients or residents of the Iowa veterans home unless an evaluation has been performed by the department of human services record check evaluation system to determine whether the crime or founded child or dependent adult abuse warrants prohibition of the person’s participation as a volunteer in the Iowa veterans home. The department of human services record check evaluation system shall perform such evaluation upon the request of the Iowa veterans home. b. In an evaluation, the department of human services
Senate File 514, p. 18 record check evaluation system shall consider the nature and seriousness of the crime or founded child or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child or dependent adult abuse, the circumstances under which the crime or founded child or dependent adult abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child or dependent adult abuse again, and the number of crimes or founded child or dependent adult abuses committed by the person involved. c. If the department of human services record check evaluation system performs an evaluation for the purposes of this section , the department of human services record check evaluation system has final authority in determining whether prohibition of the person’s participation as a volunteer is warranted. The department of human services record check evaluation system may permit a person who is evaluated to participate as a volunteer if the person complies with the department’s record check evaluation system’s conditions relating to participation as a volunteer which may include completion of additional training. Sec. 38. Section 47.7, subsection 2, paragraph a, Code 2023, is amended to read as follows: a. On or before January 1, 2006, the state registrar of voters shall implement in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive computerized statewide voter registration file defined, maintained, and administered at the state level that contains the name and registration information of every legally registered voter in the state and assigns a unique identifier to each legally registered voter in the state. The state voter registration system shall be coordinated with other agency databases within the state, including, but not limited to, state department of transportation driver’s license records, judicial records of convicted felons and persons declared incompetent to vote, and Iowa department of public health and human services records of deceased persons. Sec. 39. Section 48A.19, subsection 1, Code 2023, is amended to read as follows:
Senate File 514, p. 19 1. The following state agencies are responsible for voter registration: a. All state offices that have direct client contact and provide applications for public assistance, including but not limited to offices administering the following programs: (1) Food stamps The supplemental nutrition assistance program . (2) Medical The medical assistance program under chapter 249A . (3) Iowa The Iowa family investment program. (4) Special The special supplemental nutrition program for women, infants, and children. b. (1) All offices that provide state-funded programs primarily engaged in providing services to persons with disabilities, including but not limited to all of the following: (a) Department for the blind. (b) Division of vocational rehabilitation services of the department of education workforce development . (c) Office of deaf services of the department of health and human rights services or its successor agency. (d) Office of persons with disabilities of the department of health and human rights services or its successor agency. (2) An agency designated a voter registration agency under this paragraph which provides services to persons with disabilities in their homes shall provide voter registration services at the clients’ homes. c. Other federal and state agencies designated to provide voter registration services include, but are not limited to, the United States armed forces recruiting offices. Sec. 40. Section 48A.31, Code 2023, is amended to read as follows: 48A.31 Deceased persons record. The state registrar of vital statistics shall transmit or cause to be transmitted to the state registrar of voters, once each calendar quarter, a certified list of all persons seventeen years of age and older in the state whose deaths have been reported to the bureau state registrar of vital records of the Iowa department of public health statistics since the
Senate File 514, p. 20 previous list of decedents was certified to the state registrar of voters. The list shall be submitted according to the specifications of the state registrar of voters and shall be transmitted to the state registrar of voters without charge for production or transmission. The commissioner shall, in the month following the end of a calendar quarter, run the statewide voter registration system’s matching program to determine whether a listed decedent was registered to vote in the county and shall immediately cancel the registration of any person named on the list of decedents. Sec. 41. Section 68B.2, subsection 23, Code 2023, is amended to read as follows: 23. “Regulatory agency” means the department of agriculture and land stewardship, department of workforce development, department of commerce, Iowa department of public health, department of public safety, department of education, state board of regents, department of health and human services, department of revenue, department of inspections and appeals, department of administrative services, public employment relations board, state department of transportation, civil rights commission, department of public defense, department of homeland security and emergency management, Iowa ethics and campaign disclosure board, and department of natural resources. Sec. 42. Section 80.9B, subsections 3 and 7, Code 2023, are amended to read as follows: 3. The provisions of chapter 141A also do not apply to the transmission of the same information from either or both information systems to employees of state correctional institutions subject to the jurisdiction of the department of corrections, employees of secure facilities for juveniles subject to the jurisdiction of the department of health and human services, and employees of city and county jails, if those employees have direct physical supervision over inmates of those facilities or institutions. 7. The commissioner shall develop and establish, in cooperation with the department of corrections and the department of public health and human services , training programs and program criteria for persons receiving human immunodeficiency virus-related information through the Iowa
Senate File 514, p. 21 criminal justice information system or the national crime information center system. Sec. 43. Section 80.28, subsection 2, paragraph a, subparagraph (6), Code 2023, is amended to read as follows: (6) One member representing the Iowa department of public health and human services . Sec. 44. Section 80B.11C, Code 2023, is amended to read as follows: 80B.11C Public safety telecommunicator training standards. The director of the academy, subject to the approval of the council, in consultation with the Iowa state sheriffs’ and deputies’ association, the Iowa police executive forum, the Iowa peace officers association, the Iowa state police association, the Iowa professional fire fighters, the Iowa emergency medical services association, the joint council of Iowa fire service organizations, the Iowa department of public safety, the Iowa chapter of the association of public-safety communications officials——international, inc., the Iowa chapter of the national emergency number association, the department of homeland security and emergency management, and the Iowa department of public health and human services , shall adopt rules pursuant to chapter 17A establishing minimum standards for training of public safety telecommunicators. “Public safety telecommunicator” means a person who serves as a first responder by receiving requests for, or by dispatching requests to, emergency response agencies which include but are not limited to law enforcement, fire, rescue, and emergency medical services agencies. Sec. 45. Section 80E.2, Code 2023, is amended to read as follows: 80E.2 Drug policy advisory council —— membership —— duties. 1. An Iowa drug policy advisory council is established which shall consist of the following seventeen members: a. The drug policy coordinator director , who shall serve as chairperson of the council. b. The director of the department of corrections, or the director’s designee. c. The director of the department of education, or the director’s designee.
Senate File 514, p. 22 d. The director of the department of public health and human services , or the director’s designee. e. The commissioner of public safety, or the commissioner’s designee. f. The director of the department of human services, or the director’s designee. g. The director of the division of criminal and juvenile justice planning in the department of human rights, or the division director’s designee. h. f. The state public defender, or the state public defender’s designee. i. g. A prosecuting attorney. j. h. A certified alcohol and drug counselor. k. i. A certified substance abuse use disorder prevention specialist. l. j. A substance use disorder treatment program director. m. k. A justice of the Iowa supreme court, or judge, as designated by the chief justice of the supreme court. n. l. A member representing the Iowa peace officers association. o. m. A member representing the Iowa state police association. p. n. A member representing the Iowa state sheriffs’ and deputies’ association. q. o. A police chief. 2. The prosecuting attorney, certified alcohol and drug counselor, certified substance abuse use disorder prevention specialist, substance use disorder treatment program director, member representing the Iowa peace officers association, member representing the Iowa state police association, the member representing the Iowa state sheriffs’ and deputies’ association, and the member who is a police chief shall be appointed by the governor, subject to senate confirmation, for four-year terms beginning and ending as provided in section 69.19 . A vacancy on the council shall be filled for the unexpired term in the same manner as the original appointment was made. 3. The council shall make policy recommendations to the appropriate departments concerning the administration,
Senate File 514, p. 23 development, and coordination of programs related to substance abuse use disorder education, prevention, treatment, and enforcement. 4. The members of the council shall be reimbursed for actual and necessary travel and related expenses incurred in the discharge of official duties. Each member of the council may also be eligible to receive compensation as provided in section 7E.6 . 5. The council shall meet at least semiannually throughout the year. 6. A majority of the members of the council constitutes a quorum, and a majority of the total membership of the council is necessary to act in any matter within the jurisdiction of the council. Sec. 46. Section 84A.1A, subsection 1, paragraph b, Code 2023, is amended to read as follows: b. The nonvoting members of the Iowa workforce development board shall include the following: (1) One state senator appointed by the minority leader of the senate, who shall serve for a term as provided in section 69.16B . (2) One state representative appointed by the minority leader of the house of representatives, who shall serve for a term as provided in section 69.16B . (3) One president, or the president’s designee, of the university of northern Iowa, the university of Iowa, or Iowa state university of science and technology, designated by the state board of regents on a rotating basis. (4) One president, or the president’s designee, of an independent Iowa college, appointed by the Iowa association of independent colleges and universities. (5) One president or president’s designee, of a community college, appointed by the Iowa association of community college presidents. (6) One representative of the economic development authority, appointed by the director. (7) One representative of the department on aging, appointed by the director. (8) (7) One representative of the department of
Senate File 514, p. 24 corrections, appointed by the director. (9) (8) One representative of the department of health and human services, appointed by the director. (10) (9) One representative of the United States department of labor, office of apprenticeship. (11) (10) One representative from the largest statewide public employees’ organization representing state employees. (12) (11) One representative of a statewide labor organization representing employees in the construction industry. (13) (12) One representative of a statewide labor organization representing employees in the manufacturing industry. Sec. 47. Section 84A.6, subsections 2 and 3, Code 2023, are amended to read as follows: 2. a. The director of the department of workforce development, in cooperation with the department of health and human services, shall provide job placement and training to persons referred by the department of health and human services under the promoting independence and self-sufficiency through employment job opportunities and basic skills program established pursuant to chapter 239B and the food stamp supplemental nutrition assistance program employment and training program. b. The department of workforce development, in consultation with the department of health and human services, shall develop and implement departmental recruitment and employment practices that address the needs of former and current participants in the family investment program under chapter 239B . 3. The director of the department of workforce development, in cooperation with the department of health and human rights services and the vocational rehabilitation services division of the department of education workforce development , shall establish a program to provide job placement and training to persons with disabilities. Sec. 48. Section 84A.9, Code 2023, is amended to read as follows: 84A.9 Statewide mentoring program. A statewide mentoring program is established to recruit,
Senate File 514, p. 25 screen, train, and match individuals in a mentoring relationship. The department of workforce development shall administer the program in collaboration with the departments of health and human services , and education , and human rights . The availability of the program is subject to the funding appropriated for the purposes of the program. Sec. 49. Section 84A.11, subsection 2, Code 2023, is amended to read as follows: 2. The department of workforce development shall consult with the board of nursing, the department of public health and human services , the department of education, and other appropriate entities in developing recommendations to determine options for additional data collection. Sec. 50. Section 84B.1, Code 2023, is amended to read as follows: 84B.1 Workforce development system. The departments of workforce development, education, health and human services, and corrections, the economic development authority, the department on aging, the division of Iowa vocational rehabilitation services of the department of education workforce development , and the department for the blind shall collaborate where possible under applicable state and federal law to align workforce development programs, services, and activities in an integrated workforce development system in the state and in each local workforce development area that is data driven and responsive to the needs of workers, job seekers, and employers. The departments, authority, and division shall also jointly establish an integrated management information system for linking workforce development programs within local workforce development systems and in the state. Sec. 51. Section 84B.2, unnumbered paragraph 1, Code 2023, is amended to read as follows: The department of workforce development, in consultation with the departments of education, health and human services, and corrections, the economic development authority, the department on aging, the division of Iowa vocational rehabilitation services of the department of education workforce development , and the department for the blind
Senate File 514, p. 26 shall establish guidelines for colocating state and federal employment and training programs in centers providing services at the local level. The centers shall be known as workforce development centers. The guidelines shall provide for local design and operation within the guidelines. The core services available at a center shall include but are not limited to all of the following: Sec. 52. Section 85.38, subsection 4, Code 2023, is amended to read as follows: 4. Lien for hospital and medical services under chapter 249A . In the event any hospital or medical services as provided in section 85.27 are paid by the state department of health and human services on behalf of an employee who is entitled to such benefits under the provisions of this chapter or chapter 85A or 85B , a lien shall exist as respects the right of such employee to benefits as described in section 85.27 . Sec. 53. Section 85.60, Code 2023, is amended to read as follows: 85.60 Injuries while in work-based learning opportunity, employment training, or evaluation. A person participating in a work-based learning opportunity referred to in section 85.61 , or receiving earnings while engaged in employment training or while undergoing an employment evaluation under the direction of a rehabilitation facility approved for purchase-of-service contracts or for referrals by the department of health and human services or the department of education, who sustains an injury arising out of and in the course of the work-based learning opportunity participation, employment training, or employment evaluation is entitled to benefits as provided in this chapter , chapter 85A , chapter 85B , and chapter 86 . Notwithstanding the minimum benefit provisions of this chapter , a person referred to in this section and entitled to benefits under this chapter is entitled to receive a minimum weekly benefit amount for a permanent partial disability under section 85.34, subsection 2 , or for a permanent total disability under section 85.34, subsection 3 , equal to the weekly benefit amount of a person whose gross weekly earnings are thirty-five percent of the statewide average weekly wage computed pursuant to section 96.3
Senate File 514, p. 27 and in effect at the time of the injury. Sec. 54. Section 85.61, subsection 3, paragraph b, Code 2023, is amended to read as follows: b. A rehabilitation facility approved for purchase-of-service contracts or for referrals by the department of health and human services or the department of education. Sec. 55. Section 85A.11, subsection 2, Code 2023, is amended to read as follows: 2. The specimens for the tests required by this section must be taken by a licensed practicing physician or osteopathic physician, and immediately delivered to the state hygienic laboratory of the Iowa department of public health at Iowa City . Each specimen shall be in a container upon which is plainly printed the name and address of the subject, the date when the specimen was taken, the name and address of the subject’s employer, and a certificate by the physician or osteopathic physician that the physician took the specimen from the named subject on the date stated over the physician’s signature and address. Sec. 56. Section 85A.20, Code 2023, is amended to read as follows: 85A.20 Investigation. The workers’ compensation commissioner may designate the industrial hygiene physician medical director of the Iowa department of public health and human services and two physicians selected by the dean of the university of Iowa college of medicine, from the staff of the college, who shall be qualified to diagnose and report on occupational diseases. For the purpose of investigating occupational diseases, the physicians shall have the use, without charge, of all necessary laboratory and other facilities of the university of Iowa college of medicine and of the university hospital at the state university of Iowa, and of the Iowa department of public health and human services in performing the physicians’ duties. Sec. 57. Section 89.4, subsection 1, paragraph h, Code 2023, is amended to read as follows: h. Hot water heating boilers used for heating pools or spas regulated by the department of public health inspections,
Senate File 514, p. 28 appeals, and licensing pursuant to chapter 135I . Sec. 58. Section 89B.17, subsection 1, unnumbered paragraph 1, Code 2023, is amended to read as follows: The director of public health and human services , the labor commissioner, and the director of the department of natural resources or the director’s designee under written signatures of all these parties may recommend any of the following actions: Sec. 59. Section 92.17, subsection 3, Code 2023, is amended to read as follows: 3. A child from working in any occupation or business operated by the child’s parents. For the purposes of this subsection , “child” and “parents” include a foster child and the child’s foster parents who are licensed by the department of health and human services. Sec. 60. Section 96.3, subsections 9 and 11, Code 2023, are amended to read as follows: 9. Child support intercept. a. An individual filing a claim for benefits under section 96.6, subsection 1 , shall, at the time of filing, disclose whether the individual owes a child support obligation which is being enforced by the child support recovery unit services established in section 252B.2 . If an individual discloses that such a child support obligation is owed and the individual is determined to be eligible for benefits under this chapter , the department shall notify the child support recovery unit services of the individual’s disclosure and deduct and withhold from benefits payable to the individual the amount specified by the individual. b. However, if the child support recovery unit services and an individual owing a child support obligation reach an agreement to have specified amounts deducted and withheld from the individual’s benefits and the child support recovery unit services submits a copy of the agreement to the department, the department shall deduct and withhold the specified amounts. c. (1) However, if the department is notified of income withholding by the child support recovery unit services under chapter 252D or section 598.22 or 598.23 or if income is garnisheed by the child support recovery unit services under
Senate File 514, p. 29 chapter 642 and an individual’s benefits are condemned to the satisfaction of the child support obligation being enforced by the child support recovery unit services , the department shall deduct and withhold from the individual’s benefits that amount required through legal process. (2) Notwithstanding section 642.2, subsections 2, 3, 6, and 7 , which restrict garnishments under chapter 642 to wages of public employees, the department may be garnisheed under chapter 642 by the child support recovery unit services established in section 252B.2 , pursuant to a judgment for child support against an individual eligible for benefits under this chapter . (3) Notwithstanding section 96.15 , benefits under this chapter are not exempt from income withholding, garnishment, attachment, or execution if withheld for or garnisheed by the child support recovery unit services , established in section 252B.2 , or if an income withholding order or notice of the income withholding order under section 598.22 or 598.23 is being enforced by the child support recovery unit services to satisfy the child support obligation of an individual who is eligible for benefits under this chapter . d. An amount deducted and withheld under paragraph “a” , “b” , or “c” shall be paid by the department to the child support recovery unit services , and shall be treated as if it were paid to the individual as benefits under this chapter and as if it were paid by the individual to the child support recovery unit services in satisfaction of the individual’s child support obligations. e. If an agreement for reimbursement has been made, the department shall be reimbursed by the child support recovery unit services for the administrative costs incurred by the department under this section which are attributable to the enforcement of child support obligations by the child support recovery unit services . 11. Overissuance of food stamp supplemental nutrition assistance program benefits. The department shall collect any overissuance of food stamp supplemental nutrition assistance program benefits by offsetting the amount of the overissuance from the benefits payable under this chapter to the individual.
Senate File 514, p. 30 This subsection shall only apply if the department is reimbursed under an agreement with the department of health and human services for administrative costs incurred in recouping the overissuance. The provisions of section 96.15 do not apply to this subsection . Sec. 61. Section 97B.49B, subsection 1, paragraph e, subparagraph (16), Code 2023, is amended to read as follows: (16) A person employed by the department of health and human services as a psychiatric security specialist at a civil commitment unit for sexually violent offenders facility. Sec. 62. Section 99D.7, subsections 22 and 23, Code 2023, are amended to read as follows: 22. To cooperate with the gambling treatment program administered by the Iowa department of public health and human services to incorporate information regarding the gambling treatment program and its toll-free telephone number in printed materials distributed by the commission. The commission may require licensees to have the information available in a conspicuous place as a condition of licensure. 23. To establish a process to allow a person to be voluntarily excluded from advance deposit wagering as defined in section 99D.11 , from an internet fantasy sports contest as defined in section 99E.1 , from advance deposit sports wagering as defined in section 99F.9 , and from the wagering area of a racetrack enclosure, from the gaming floor, and from the sports wagering area, as defined in section 99F.1 , of all other licensed facilities under this chapter and chapter 99F as provided in this subsection . The process shall provide that an initial request by a person to be voluntarily excluded shall be for a period of five years or life and any subsequent request following any five-year period shall be for a period of five years or life. The process established shall require that licensees be provided electronic access to names and social security numbers of persons voluntarily excluded through a secured interactive internet site maintained by the commission and information regarding persons voluntarily excluded shall be disseminated to all licensees under this chapter , chapter 99E , and chapter 99F . The names, social security numbers, and information regarding persons voluntarily excluded shall be
Senate File 514, p. 31 kept confidential unless otherwise ordered by a court or by another person duly authorized to release such information. The process established shall also require a person requesting to be voluntarily excluded be provided information compiled by the Iowa department of public health and human services on gambling treatment options. The state and any licensee under this chapter , chapter 99E , or chapter 99F shall not be liable to any person for any claim which may arise from this process. In addition to any other penalty provided by law, any money or thing of value that has been obtained by, or is owed to, a voluntarily excluded person as a result of wagers made by the person after the person has been voluntarily excluded shall be forfeited by the person and shall be credited to the general fund of the state. The commission shall not initiate any administrative action or impose penalties on a licensee who voluntarily reports to the commission activity described in section 99D.24, subsection 4 , paragraph “c” . Sec. 63. Section 99D.9, subsection 6, paragraph b, Code 2023, is amended to read as follows: b. A licensee shall not permit a financial institution, vendor, or other person to dispense cash or credit through an electronic or mechanical device including but not limited to a satellite terminal as defined in section 527.2 , that is located in the wagering area. However, this paragraph shall not apply to cashless wagering systems where a person accesses a cash account through a mobile application used by the licensee to conduct cashless wagering. The mobile application shall include the statewide telephone number authorized by the Iowa department of public health and human services to provide problem gambling information and extensive responsible gaming features in addition to those described in section 99D.7, subsection 23 . Sec. 64. Section 99E.5, subsection 2, paragraph d, Code 2023, is amended to read as follows: d. Include on the internet site or mobile application used by the licensee to conduct internet fantasy sports contests the statewide telephone number authorized by the Iowa department of public health and human services to provide problem gambling information and extensive responsible gaming features in
Senate File 514, p. 32 addition to those described in section 99F.4, subsection 22 . Sec. 65. Section 99F.4, subsection 22, Code 2023, is amended to read as follows: 22. To establish a process to allow a person to be voluntarily excluded from advance deposit wagering as defined in section 99D.11 , from an internet fantasy sports contest as defined in section 99E.1 , from advance deposit sports wagering as defined in section 99F.9 , from the gaming floor and sports wagering area of an excursion gambling boat, from the wagering area, as defined in section 99D.2 , and from the gaming floor and sports wagering area of all other licensed facilities under this chapter and chapter 99D as provided in this subsection . The process shall provide that an initial request by a person to be voluntarily excluded shall be for a period of five years or life and any subsequent request following any five-year period shall be for a period of five years or life. The process established shall require that licensees be provided electronic access to names and social security numbers of persons voluntarily excluded through a secured interactive internet site maintained by the commission and information regarding persons voluntarily excluded shall be disseminated to all licensees under this chapter , chapter 99D , and chapter 99E . The names, social security numbers, and information regarding persons voluntarily excluded shall be kept confidential unless otherwise ordered by a court or by another person duly authorized to release such information. The process established shall also require a person requesting to be voluntarily excluded be provided information compiled by the Iowa department of public health and human services on gambling treatment options. The state and any licensee under this chapter , chapter 99D , or chapter 99E shall not be liable to any person for any claim which may arise from this process. In addition to any other penalty provided by law, any money or thing of value that has been obtained by, or is owed to, a voluntarily excluded person as a result of wagers made by the person after the person has been voluntarily excluded shall be forfeited by the person and shall be credited to the general fund of the state. The commission shall not initiate any administrative action or impose penalties on a licensee who
Senate File 514, p. 33 voluntarily reports to the commission activity described in section 99F.15, subsection 4 , paragraph “n” . Sec. 66. Section 99F.7, subsection 10, paragraph b, Code 2023, is amended to read as follows: b. A licensee shall not permit a financial institution, vendor, or other person to dispense cash or credit through an electronic or mechanical device including but not limited to a satellite terminal, as defined in section 527.2 , that is located on the gaming floor. However, this paragraph shall not apply to cashless wagering systems where a person accesses a cash account through a mobile application used by the licensee to conduct cashless wagering. The mobile application shall include the statewide telephone number authorized by the Iowa department of public health and human services to provide problem gambling information and extensive responsible gaming features in addition to those described in section 99F.4, subsection 22 . Sec. 67. Section 99F.7A, subsection 2, paragraph a, Code 2023, is amended to read as follows: a. Include on the internet site or mobile application used by the licensee to conduct advance deposit sports wagering as authorized in section 99F.9 the statewide telephone number authorized by the Iowa department of public health and human services to provide problem gambling information and extensive responsible gaming features in addition to those described in section 99F.4, subsection 22 . Sec. 68. Section 100C.1, subsection 1, Code 2023, is amended to read as follows: 1. “Alarm system” means a system or portion of a combination system that consists of components and circuits arranged to monitor and annunciate the status of a fire alarm, security alarm, or nurse call or supervisory signal-initiating devices and to initiate the appropriate response to those signals, but does not mean any such security system or portion of a combination system installed in a prison, jail, or detention facility owned by the state, a political subdivision of the state, the department of health and human services, or the Iowa veterans home. Sec. 69. Section 101C.3, subsection 1, Code 2023, is amended
Senate File 514, p. 34 to read as follows: 1. The Iowa propane education and research council is established. The council shall consist of ten voting members, nine of whom represent retail propane marketers and one of whom shall be the administrator of the division of a representative of the department of health and human services responsible for community action agencies of the department of human rights . Members of the council other than the administrator representing retail propane marketers shall be appointed by the fire marshal from a list of nominees submitted by qualified propane industry organizations by December 15 of each year. A vacancy in the unfinished term of a council member shall be filled for the remainder of the term in the same manner as the original appointment was made. Other than the administrator, council Council members representing retail propane marketers shall be full-time employees or owners of a propane industry business or representatives of an agricultural cooperative actively engaged in the propane industry. An employee of a qualified propane industry organization shall not serve as a member of the council. An officer of the board of directors of a qualified propane industry organization or propane industry trade association shall not serve concurrently as a member of the council. The fire marshal or a designee may serve as an ex officio, nonvoting member of the council. Sec. 70. Section 123.47, subsection 4, paragraph a, subparagraph (2), Code 2023, is amended to read as follows: (2) A second offense shall be a simple misdemeanor punishable by a fine of five hundred dollars. In addition to any other applicable penalty, the person in violation of this section shall choose between either completing a substance abuse use disorder evaluation or the suspension of the person’s motor vehicle operating privileges for a period not to exceed one year. Sec. 71. Section 124.409, subsection 1, Code 2023, is amended to read as follows: 1. Whenever the court finds that a person who is charged with a violation of section 124.401 and who consents thereto, or who has entered a plea of guilty to or been found guilty of a violation of that section, is addicted to, dependent upon,
Senate File 514, p. 35 or a chronic abuser user of any controlled substance and that such person will be aided by proper medical treatment and rehabilitative services, the court may order that the person be committed as an in-patient or out-patient to a facility licensed by the Iowa department of public health and human services for medical treatment and rehabilitative services. Sec. 72. Section 124.504, subsection 3, Code 2023, is amended to read as follows: 3. A practitioner engaged in medical practice or research or the Iowa drug abuse substance use disorder authority or any program which is licensed by the authority shall not be required to furnish the name or identity of a patient or research subject to the board or the department, nor shall the practitioner or the authority or any program which is licensed by the authority be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner or the authority or any of its licensed programs is obligated to keep confidential. Sec. 73. Section 124.551, subsection 2, paragraph a, unnumbered paragraph 1, Code 2023, is amended to read as follows: The program shall collect from pharmacies dispensing information for controlled substances identified pursuant to section 124.554, subsection 1 , paragraph “g” , and from first responders as defined in section 147A.1, subsection 7 , with the exception of emergency medical care providers as defined in section 147A.1, subsection 4 , administration information for opioid antagonists. The department of public health and human services shall provide information for the administration of opioid antagonists to the board as prescribed by rule for emergency medical care providers as defined in section 147A.1, subsection 4 . The board shall adopt rules requiring the following information to be provided regarding the administration of opioid antagonists: Sec. 74. Section 124.556, Code 2023, is amended to read as follows: 124.556 Education and treatment. The program shall include education initiatives and outreach
Senate File 514, p. 36 to consumers, prescribing practitioners, and pharmacists, and shall also include assistance for identifying substance abuse use disorder treatment programs and providers. The program shall also include educational updates and information on general patient risk factors for prescribing practitioners. The board and advisory council shall adopt rules, as provided under section 124.554 , to implement this section . Sec. 75. Section 124E.2, subsections 3 and 8, Code 2023, are amended to read as follows: 3. “Department” means the department of public health and human services . 8. “Laboratory” means the state hygienic laboratory at the university of Iowa in Iowa City or any other independent medical cannabidiol testing facility accredited to standard ISO/IEC 17025 by an international organization for standards-approved accrediting body, with a controlled substance registration certificate from the United States drug enforcement administration and a certificate of registration from the board of pharmacy. For the purposes of this chapter , an independent laboratory is a laboratory operated by an entity that has no equity ownership in a medical cannabidiol manufacturer. Sec. 76. Section 124E.6, subsection 4, Code 2023, is amended to read as follows: 4. A medical cannabidiol manufacturer shall contract with a laboratory to perform spot-check testing of the medical cannabidiol produced by the medical cannabidiol manufacturer as provided in section 124E.7 . The department shall require that the laboratory report testing results to the medical cannabidiol manufacturer and the department as determined by the department by rule. If a medical cannabidiol manufacturer contracts with a laboratory other than the state hygienic laboratory at the university of Iowa in Iowa City , the department shall approve the laboratory to perform testing pursuant to this chapter . Sec. 77. Section 124E.14, Code 2023, is amended to read as follows: 124E.14 Out-of-state medical cannabidiol dispensaries. The department of public health shall utilize a request for
Senate File 514, p. 37 proposals process to select and license by December 1, 2017, up to two out-of-state medical cannabidiol dispensaries from a bordering state to sell and dispense medical cannabidiol to a patient or primary caregiver in possession of a valid medical cannabidiol registration card issued under this chapter . Sec. 78. Section 125.1, Code 2023, is amended to read as follows: 125.1 Declaration of policy. It is the policy of this state: 1. That persons with substance-related disorders a substance use disorder be afforded the opportunity to receive quality treatment and directed into rehabilitation services which will help them resume a socially acceptable and productive role in society. 2. To encourage substance abuse use disorder education and prevention efforts and to insure that such efforts are coordinated to provide a high quality of services without unnecessary duplication. 3. To insure that substance abuse use disorder programs are being operated by individuals who are qualified in their field whether through formal education or through employment or personal experience. Sec. 79. Section 125.2, Code 2023, is amended to read as follows: 125.2 Definitions. For purposes of this chapter , unless the context clearly indicates otherwise: 1. “Board” means the state board of health created pursuant to chapter 136 . 2. 1. “Chemical substance” means alcohol, wine, spirits, and beer as defined in chapter 123 and controlled substances as defined in section 124.101 . 3. 2. “Chief medical officer” means the medical director in charge of a public or private hospital, or the director’s physician-designee. This chapter does not negate the authority otherwise reposed by chapter 226 in the respective superintendents of the state mental health institutes to make decisions regarding the appropriateness of admissions or discharges of patients of those institutes, however, it is
Senate File 514, p. 38 the intent of this chapter that a superintendent who is not a licensed physician shall be guided in these decisions by the chief medical officer of the institute. 4. 3. “Clerk” means the clerk of the district court. 4. “Council” means the council on health and human services. 5. “County of residence” means the same as defined in section 331.394 . 6. “Department” means the Iowa department of public health and human services . 7. “Director” means the director of the Iowa department of public health and human services . 8. “Facility” means an institution, a detoxification center, or an installation providing care, maintenance and treatment for persons with substance-related disorders a substance use disorder licensed by the department under section 125.13 , hospitals licensed under chapter 135B , or the state mental health institutes designated by chapter 226 . 9. “Incapacitated by a chemical substance” means that a person, as a result of the use of a chemical substance, is unconscious or has the person’s judgment otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the need for treatment. 10. “Incompetent person” means a person who has been adjudged incompetent by a court of law. 11. “Interested person” means a person who, in the discretion of the court, is legitimately concerned that a respondent receive substance abuse use disorder treatment services. 12. “Magistrate” means the same as defined in section 801.4, subsection 10 . 13. “Mental health professional” means the same as defined in section 228.1 . 14. “Psychiatric advanced registered nurse practitioner” means an individual currently licensed as a registered nurse under chapter 152 or 152E who holds a national certification in psychiatric mental health care and who is licensed by the board of nursing as an advanced registered nurse practitioner. 15. “Respondent” means a person against whom an application is filed under section 125.75 .
Senate File 514, p. 39 16. “Substance-related disorder” “Substance use disorder” means a diagnosable substance abuse use disorder of sufficient duration to meet diagnostic criteria specified within the most current diagnostic and statistical manual of mental disorders published by the American psychiatric association that results in a functional impairment. Sec. 80. Section 125.3, Code 2023, is amended to read as follows: 125.3 Substance abuse use disorder program established. The Iowa department of public health shall develop, implement, and administer a comprehensive substance abuse use disorder program pursuant to sections 125.1 and 125.2 , this section , and sections 125.7 , 125.9 , 125.10 , 125.12 through 125.21 , 125.25 , 125.32 through 125.34 , and 125.37 through 125.43 . Sec. 81. Section 125.7, Code 2023, is amended to read as follows: 125.7 Duties of the board council . The board council shall: 1. Approve the comprehensive substance abuse use disorder program, developed by the department pursuant to sections 125.1 through 125.3 , this section , and sections 125.9 , 125.10 , 125.12 through 125.21 , 125.25 , 125.32 through 125.34 , and 125.37 through 125.43 . 2. Advise the department on policies governing the performance of the department in the discharge of any duties imposed on the department by law. 3. Advise or make recommendations to the governor and the general assembly relative to substance abuse use disorder treatment, intervention, education, and prevention programs in this state. 4. Adopt rules for subsections 1 and 6 and review other rules necessary to carry out the provisions of this chapter , subject to review in accordance with chapter 17A . 5. Investigate the work of the department relating to substance abuse use disorder , and for this purpose the board council shall have access at any time to all books, papers, documents, and records of the department. 6. Consider and approve or disapprove all applications
Senate File 514, p. 40 for a license and all cases involving the renewal, denial, suspension, or revocation of a license. 7. Act as the appeal board regarding funding decisions made by the department. Sec. 82. Section 125.9, subsections 1, 2, 4, 5, and 6, Code 2023, are amended to read as follows: 1. Plan, establish and maintain treatment, intervention, education, and prevention programs as necessary or desirable in accordance with the comprehensive substance abuse use disorder program. 2. Make contracts necessary or incidental to the performance of the duties and the execution of the powers of the director, including contracts with public and private agencies, organizations and individuals to pay them for services rendered or furnished to persons with substance-related disorders a substance use disorder . 4. Coordinate the activities of the department and cooperate with substance abuse use disorder programs in this and other states, and make contracts and other joint or cooperative arrangements with state, local or private agencies in this and other states for the treatment of persons with substance-related disorders a substance use disorder and for the common advancement of substance abuse use disorder programs. 5. Require that a written report, in reasonable detail, be submitted to the director at any time by any agency of this state or of any of its political subdivisions in respect to any substance abuse use disorder prevention function, or program for the benefit of persons who are or have been involved in substance abuse use disorder , which is being conducted by the agency. 6. Submit to the governor a written report of the pertinent facts at any time the director concludes that any agency of this state or of any of its political subdivisions is conducting any substance abuse use disorder prevention function, or program for the benefit of persons who are or have been involved in substance abuse use disorder in a manner not consistent with or which impairs achievement of the objectives of the state plan to combat substance abuse use disorder , and
Senate File 514, p. 41 has failed to effect appropriate changes in the function or program. Sec. 83. Section 125.10, Code 2023, is amended to read as follows: 125.10 Duties of director. The director shall: 1. Prepare and submit a state plan subject to approval by the board council and in accordance with 42 U.S.C. §300x-21 et seq. The state plan shall designate the department as the sole agency for supervising the administration of the plan. 2. Develop, encourage, and foster statewide, regional, and local plans and programs for the prevention of substance misuse use disorder and the treatment of persons with substance-related disorders a substance use disorder in cooperation with public and private agencies, organizations and individuals, and provide technical assistance and consultation services for these purposes. 3. Coordinate the efforts and enlist the assistance of all public and private agencies, organizations, and individuals interested in the prevention of substance misuse use disorder and the treatment of persons with substance-related disorders a substance use disorder . The director’s actions to implement this subsection shall also address the treatment needs of persons who have a mental illness, an intellectual disability, brain injury, or other co-occurring condition in addition to a substance-related substance use disorder. 4. Cooperate with the department of human services and the Iowa department of public health in establishing and conducting programs to provide treatment for persons with substance-related disorders a substance use disorder . 5. Cooperate with the department of education, boards of education, schools, police departments, courts, and other public and private agencies, organizations, and individuals in establishing programs for the prevention of substance misuse use disorder and the treatment of persons with substance-related disorders a substance use disorder , and in preparing relevant curriculum materials for use at all levels of school education. 6. Prepare, publish, evaluate and disseminate educational
Senate File 514, p. 42 material dealing with the nature and effects of chemical substances. 7. Develop and implement, as an integral part of treatment programs, an educational program for use in the treatment of persons with substance-related disorders a substance use disorder , which program shall include the dissemination of information concerning the nature and effects of substances. 8. Organize and implement, in cooperation with local treatment programs, training programs for all persons engaged in treatment of persons with substance-related disorders a substance use disorder . 9. Sponsor and implement research in cooperation with local treatment programs into the causes and nature of substance misuse use disorder and treatment of persons with substance-related disorders a substance use disorder , and serve as a clearing house for information relating to substance misuse use disorder . 10. Specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals, and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and duration of treatment. 11. Develop and implement, with the counsel and approval of the board council , the comprehensive plan for treatment of persons with substance-related disorders a substance use disorder in accordance with this chapter . 12. Assist in the development of, and cooperate with, substance abuse use disorder education and treatment programs for employees of state and local governments and businesses and industries in the state. 13. Utilize the support and assistance of interested persons in the community, particularly persons who are recovering from substance-related disorders a substance use disorder to encourage persons with substance-related disorders a substance use disorder to voluntarily undergo treatment. 14. Cooperate with the commissioner of public safety in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while intoxicated.
Senate File 514, p. 43 15. Encourage general hospitals and other appropriate health facilities to admit without discrimination persons with substance-related disorders a substance use disorder and to provide them with adequate and appropriate treatment. The director may negotiate and implement contracts with hospitals and other appropriate health facilities with adequate detoxification facilities. 16. Encourage all health and disability insurance programs to include substance-related substance use disorders as covered illnesses. 17. Review all state health, welfare, education and treatment proposals to be submitted for federal funding under federal legislation, and advise the governor on provisions to be included relating to substance misuse use disorder and persons with substance-related disorders a substance use disorder . Sec. 84. Section 125.12, subsections 1 and 3, Code 2023, are amended to read as follows: 1. The board council shall review the comprehensive substance abuse use disorder program implemented by the department for the treatment of persons with substance-related disorders a substance use disorder and concerned family members. Subject to the review of the board council , the director shall divide the state into appropriate regions for the conduct of the program and establish standards for the development of the program on the regional level. In establishing the regions, consideration shall be given to city and county lines, population concentrations, and existing substance abuse use disorder treatment services. 3. The director shall provide for adequate and appropriate treatment for persons with substance-related disorders a substance use disorder and concerned family members admitted under sections 125.33 and 125.34 , or under section 125.75 , 125.81 , or 125.91 . Treatment shall not be provided at a correctional institution except for inmates. A mental health professional who is employed by a treatment provider under the program may provide treatment to a person with co-occurring substance-related substance use and mental health disorders. Such treatment may also be provided by a person employed by
Senate File 514, p. 44 such a treatment provider who is receiving the supervision required to meet the definition of mental health professional but has not completed the supervision component. Sec. 85. Section 125.13, subsection 1, paragraph a, Code 2023, is amended to read as follows: a. Except as provided in subsection 2 , a person shall not maintain or conduct any chemical substitutes or antagonists program, residential program, or nonresidential outpatient program, the primary purpose of which is the treatment and rehabilitation of persons with substance-related disorders a substance use disorder without having first obtained a written license for the program from the department. Sec. 86. Section 125.13, subsection 2, paragraphs a, b, c, f, i, and j, Code 2023, are amended to read as follows: a. A hospital providing care or treatment to persons with substance-related disorders a substance use disorder licensed under chapter 135B which is accredited by the joint commission on the accreditation of health care organizations, the commission on accreditation of rehabilitation facilities, the American osteopathic association, or another recognized organization approved by the board council . All survey reports from the accrediting or licensing body must be sent to the department. b. Any practitioner of medicine and surgery or osteopathic medicine and surgery, in the practitioner’s private practice. However, a program shall not be exempted from licensing by the board council by virtue of its utilization of the services of a medical practitioner in its operation. c. Private institutions conducted by and for persons who adhere to the faith of any well recognized church or religious denomination for the purpose of providing care, treatment, counseling, or rehabilitation to persons with substance-related disorders a substance use disorder and who rely solely on prayer or other spiritual means for healing in the practice of religion of such church or denomination. f. Individuals in private practice who are providing substance abuse use disorder treatment services independent from a program that is required to be licensed under subsection 1 .
Senate File 514, p. 45 i. A substance abuse use disorder treatment program not funded by the department which is accredited or licensed by the joint commission on the accreditation of health care organizations, the commission on the accreditation of rehabilitation facilities, the American osteopathic association, or another recognized organization approved by the board council . All survey reports from the accrediting or licensing body must be sent to the department. j. A hospital substance abuse use disorder treatment program that is accredited or licensed by the joint commission on the accreditation of health care organizations, the commission on the accreditation of rehabilitation facilities, the American osteopathic association, or another recognized organization approved by the board council . All survey reports for the hospital substance abuse use disorder treatment program from the accrediting or licensing body shall be sent to the department. Sec. 87. Section 125.14, Code 2023, is amended to read as follows: 125.14 Licenses —— renewal —— fees. The board council shall consider all cases involving initial issuance, and renewal, denial, suspension, or revocation of a license. The department shall issue a license to an applicant whom the board council determines meets the licensing requirements of this chapter . Licenses shall expire no later than three years from the date of issuance and shall be renewed upon timely application made in the same manner as for initial issuance of a license unless notice of nonrenewal is given to the licensee at least thirty days prior to the expiration of the license. The department shall not charge a fee for licensing or renewal of programs contracting with the department for provision of treatment services. A fee may be charged to other licensees. Sec. 88. Section 125.14A, Code 2023, is amended to read as follows: 125.14A Personnel of a licensed program admitting juveniles. 1. If a person is being considered for licensure under this chapter , or for employment involving direct responsibility for a child or with access to a child when the child is alone, by
Senate File 514, p. 46 a program admitting juveniles subject to licensure under this chapter , or if a person will reside in a facility utilized by such a program, and if the person has been convicted of a crime or has a record of founded child abuse, the record check evaluation system of the department of human services and the program , for an employee of the program , shall perform an evaluation to determine whether the crime or founded child abuse warrants prohibition of licensure, employment, or residence in the facility. The department of human services record check evaluation system shall conduct criminal and child abuse record checks in this state and may conduct these checks in other states. The evaluation shall be performed in accordance with procedures adopted for this purpose by the department of human services . 2. If the department of human services record check evaluation system determines that a person has committed a crime or has a record of founded child abuse and is licensed, employed by a program licensed under this chapter , or resides in a licensed facility the department record check evaluation system shall notify the program that an evaluation will be conducted to determine whether prohibition of the person’s licensure, employment, or residence is warranted. 3. In an evaluation, the department of human services record check evaluation system and the program for an employee of the program shall consider the nature and seriousness of the crime or founded child abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child abuse, the circumstances under which the crime or founded child abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child abuse again, and the number of crimes or founded child abuses committed by the person involved. The department of human services record check evaluation system may permit a person who is evaluated to be licensed, employed, or to reside, or to continue to be licensed, employed, or to reside in a program, if the person complies with the department’s record check evaluation system’s conditions relating to the person’s licensure, employment, or residence, which may include completion of additional training. For an
Senate File 514, p. 47 employee of a licensee, these conditional requirements shall be developed with the licensee. The department of human services record check evaluation system has final authority in determining whether prohibition of the person’s licensure, employment, or residence is warranted and in developing any conditional requirements under this subsection . 4. If the department of human services record check evaluation system determines that the person has committed a crime or has a record of founded child abuse which warrants prohibition of licensure, employment, or residence, the person shall not be licensed under this chapter to operate a program admitting juveniles and shall not be employed by a program or reside in a facility admitting juveniles licensed under this chapter . 5. In addition to the record checks required under this section , the department of human services record check evaluation system may conduct dependent adult abuse record checks in this state and may conduct these checks in other states, on a random basis. The provisions of this section , relative to an evaluation following a determination that a person has been convicted of a crime or has a record of founded child abuse, shall also apply to a random check conducted under this subsection . 6. Beginning July 1, 1994, a A program or facility shall inform all new applicants for employment of the possibility of the performance of a record check and shall obtain, from the applicant, a signed acknowledgment of the receipt of the information. 7. On or after July 1, 1994, a A program or facility shall include the following inquiry in an application for employment: Do you have a record of founded child or dependent adult abuse or have you ever been convicted of a crime, in this state or any other state? Sec. 89. Section 125.15, Code 2023, is amended to read as follows: 125.15 Inspections. The department may inspect the facilities and review the procedures utilized by any chemical substitutes or antagonists program, residential program, or nonresidential outpatient
Senate File 514, p. 48 program that has as a primary purpose the treatment and rehabilitation of persons with substance-related disorders a substance use disorder , for the purpose of ensuring compliance with this chapter and the rules adopted pursuant to this chapter . The examination and review may include case record audits and interviews with staff and patients, consistent with the confidentiality safeguards of state and federal law. Sec. 90. Section 125.15A, subsection 1, unnumbered paragraph 1, Code 2023, is amended to read as follows: The department may place an employee or agent to serve as a monitor in a licensed substance abuse use disorder treatment program or may petition the court for appointment of a receiver for a program when any of the following conditions exist: Sec. 91. Section 125.15A, subsection 1, paragraph b, Code 2023, is amended to read as follows: b. The board council has suspended, revoked, or refused