General Assembly: 78 (1999 Regular GA) - Chapter 141 - Public health — miscellaneous programs and issues


Published: 1999-05-18

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CH. 140 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION 292

2. Pursuant to section 558.69, the declaration of value submitted to the county recorder under chapter 428A shall also include the existence of any known private burial site situated on the property.

Approved May 18, 1999

CHAPTER141 PUBLIC HEALTH- MISCELLANEOUS PROGRAMS AND ISSUES

H.F. 497

AN ACT relating to certain programs and public health issues including those under the purview of the Iowa department of public health.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 125.39, subsection 1, Code 1999, is amended by striking the subsection.

Sec. 2. Section 135.11, subsection 9, Code 1999, is amended to read as follows: 9. Exercise sole jurisdiction over the disposal and transportation of the dead bodies of

human beings and prescribe the methods to be used in preparing such bodies for disposal and transportation. However. the department may approve a request for an exception to the application of specific embalming and disposition rules adopted pursuant to this subsec- tion. if such rules would otherwise conflict with tenets and practices of a recognized reli- gious denomination to which the deceased individual adhered or of which denomination the deceased individual was a member. The department shall inform the board of mortumy science examiners of any such approved exception which may affect services provided by a funeral director licensed pursuant to chapter 156.

Sec. 3. Section 135.22, Code 1999, is amended to read as follows: 135.22 CENTRAL REGISTRY FOR BRAIN OR SPINAL CORD INJURIES. 1. As used in this section, "brain;, a. "Brain injury" means elinieall-y eviaent brain aamage or spinal eora injHry resHlting

from traHma or anonia, whieh temporarily or permanently impairs a person's physieal or eognitive funetions the occurrence of injury to the head not primarily related to a degenera- tive disease or aging process that is documented in a medical record with one or more of the following conditions attributed to the head injury: ill An observed or self-reported decreased level of consciousness. ill Amnesia ill A skull fracture. ill An objective neurological or neuropsychological abnormality. @ A diagnosed intracranial lesion. b.:. "Spinal cord injury" means the occurrence of an acute traumatic lesion of neural ele-

ments in the spinal cord including the spinal cord and cauda equina. resulting in temporary or permanent sensory deficit. motor deficit. or bladder or bowel dysfunction.

2. The director shall establish and maintain a central registry of persons with brain or spinal cord injuries in order to facilitate prevention strategies and the provision of appropri- ate rehabilitative services to the persons by the department and other state agencies. Hospi- tals shall report patients who are admitted with a brain or spinal cord injury and their

293 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION CH. 141

diagnoses to the director no later than forty-five days after the close of a quarter in which the patient was discharged. The report shall contain the name, age, and residence of the person, the date, type, and cause of the brain or spinal cord injury, and additional information as the director requires, except that where available, hospitals shall report the Glaseow Glasgow coma scale. The director shall consult with health care providers concerning the availabil- ity of additional relevant information. The department shall maintain the confidentiality of all information which would identify any person named in a report. However, the identify- ing information may be released for bona fide research purposes if the confidentiality of the identifying information is maintained by the researchers, or the identifying information may be released by the person with the brain or spinal cord injury or by the person's guard- ian or, if the person is a minor, by the person's parent or guardian.

Sec. 4. Section 135.22A, Code 1999, is amended to read as follows: 135.22A ADVISORY COUNCIL ON HEM} BRAIN INJURIES. 1. For purposes of this section, unless the context otherwise requires: e:: "Council" means the ad>risory council on head injuries. b a. "Ilea& Brain injury" means "brain injury" an injury to the brain as defined in section

22eC.26 135.22. b... "Council" means the advisory council on brain injuries. 2. The advisory council on fteaEl brain injuries is established. The following persons or

their designees shall serve as ex officio, nonvoting members of the council: a. The director of public health. b. The director of human services and any division administrators of the department of

human services so assigned by the director. c. The director of the department of education. d The chief of the special education bureau of the department of education. e. The administrator of the division of vocational rehabilitation services of the depart-

ment of education. f. The director of the department for the blind. g. The commissioner of insurance. 3. The council shall be composed of a minimum of nine members appointed by the gover-

nor in addition to the ex officio members, and the governor may appoint additional mem- bers. Insofar as practicable, the council shall include persons with fteaEl brain injuries, family members of persons with fteaEl brain injuries, representatives of industry, labor, business, and agriculture, representatives of federal, state, and local government, and repre- sentatives of religious, charitable, fraternal, civic, educational, medical, legal, veteran, wel- fare, and other professional groups and organizations. Members shall be appointed repre- senting every geographic and employment area of the state and shall include members of both sexes.

4. Members of the council appointed by the governor shall be appointed for terms of two years. Vacancies on the council shall be filled for the remainder of the term of the original appointment. Members whose terms expire may be reappointed.

5. The voting members of the council shall appoint a chairperson and a vice chairperson and other officers as the council deems necessary. The officers shall serve until their succes- sors are appointed and qualified. Members of the council shall receive actual expenses for their services. Members may also be eligible to receive compensation as provided in section 7E.6. The council shall adopt rules pursuant to chapter 17A.

6. The council shall do all of the following: a. Promote meetings and programs for the discussion of methods to reduce the debilitat-

ing effects of fteaEl brain injuries, and disseminate information in cooperation with any other department, agency, or entity on the prevention, evaluation, care, treatment, and reha- bilitation of persons affected by fteaEl brain injuries.

b. Study and review current prevention, evaluation, care, treatment, and rehabilitation technologies and recommend appropriate preparation, training, retraining, and distribution

CH. 141 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION 294

of personnel and resources in the provision of services to persons with Rea6 brain injuries through private and public residential facilities, day programs, and other specialized ser- vices.

c. Participate in developing and disseminating criteria and standards which may be re- quired for future funding or licensing of facilities, day programs, and other specialized services for persons with Rea6 brain injuries in this state.

d. Make recommendations to the governor for developing and administering a state plan to provide services for persons with Rea6 brain injuries.

e. Meet at least quarterly. 7. The council is assigned to the department for administrative purposes. The director

shall be responsible for budgeting, program coordination, and related management func- tions.

8. The council may receive gifts, grants, or donations made for any of the purposes of its programs and disburse and administer them in accordance with their terms and under the direction of the director.

Sec. 5. Section 135.101, Code 1999, is amended to read as follows: 135.101 CHILDHOOD LEAD POISONING PREVENTION PROGRAM. There is established a childhood lead abatem.eRt poisoning prevention program within

the Iowa department of public health. The department shall implement and review pro- grams necessary to eliminate potentially dangerous toxic lead levels in children in Iowa in a year for which funds are appropriated to the department for this purpose.

Sec. 6. Section 135.102, subsections 2 and 5, Code 1999, are amended to read as follows: 2. Maintenance of laboratory facilities for the childhood lead abatem.eRt poisoning pre-

vention program. 5. Prioritization of proposed childhood lead abatemeRt poisoning prevention programs,

based on the geographic areas known with children identified with elevated blood lead level resulting from surveys completed by the department.

Sec. 7. Section 135.103, Code 1999, is amended to read as follows: 135.103 GRANT PROGRAM. The department shall implement a childhood lead abatem.eRt poisoning prevention grant

program which provides matching funds to local boards of health or cities for the program after standards and requirements for the local program are developed. The state shall pro- vide funds to approved programs on the basis of three dollars for each one dollar designated by the local board of health or city for the program for the first two years of a program, and funds on the basis of one dollar for each one dollar designated by the local board of health or city for the program for the third and subsequent years of the program if such funding is determined necessary by the department for such subsequent years.

Sec. 8. Section 135.104, unnumbered paragraph 1, Code 1999, is amended to read as follows:

The program by a local board of health or city receiving matching funding for an approved childhood lead abatemeRt poisoning prevention grant program shall include:

Sec. 9. Section 135.104, subsection 7, Code 1999, is amended to read as follows: 7. AbatemeRt Sl:lPt'eillaRee Surveillance to ensure correction of the identified hazardous

settings.

Sec. 10. Section 135.105, subsection 1, Code 1999, is amended to read as follows: 1. Coordinate the childhood lead abatemeRt poisoning prevention program with the de-

partment of natural resources, the University of Iowa poison control program, the mobile and regional child health speciality clinics, and any agency or program known for a direct interest in lead levels in the environment.

295 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION CH. 141

Sec. 11. Section 135C.2, subsection 5, paragraph b, Code 1999, is amended to read as follows:

b. A facility must be located in an area zoned for single or multiple-family housing or in an unincorporated area and must be constructed in compliance with applicable local re- quirements and the rules adopted for the special classification by the state fire marshal in accordance with the concept of the least restrictive environment for the facility residents. The R:lles adopted by the state fife mafshal fof the speeial elassifieation shall be no mofe festfietive than the rules adopted by the state fife mafshal fof demonstfation waivef pfojeet faeilities pafsaant to 1986 lowaAets, ehaptef 1246, seetion 206, sabseetion 2. Local require- ments shall not be more restrictive than the rules adopted for the special classification by the state fire marshal and the state building code requirements for single or multiple-family housing.

Sec. 12. Section 136C.3, subsection 2, unnumbered paragraph 2, Code 1999, is amended to read as follows:

The department shall establish a technical advisory committee made up of two mdiologie teehnologists, two four technologists. one of whom shall be a limited radiography instruc- tor. one of whom shall represent nuclear medicine technologists. one of whom shall repre- sent radiation therapists. and one of whom shall represent diagnostic radiographers: five physicians, including one radiologist. one chiropractor. one physician representing either radiation therapy or nuclear medicine. one podiatrist. and one private practitioner,,;, and a representative of the department. The advisory committee shall assist the department in developing and establishing criteria for eontinaing edaeation and eJcaminations the admin- istration of this subsection.

Sec. 13. Section 137.19, Code 1999, is amended to read as follows: 137.19 EMERGENCY REQUEST FOR FUNDS. A local board may, in emergency situations, request additional appropriations, which

may, upon approval of the director, be allotted from the funds reserved for that purpose to the extent that funds are appropriated and available. On termination of the emergency situa- tion, the local board shall report its expenditures of emergency funds, to the director and return any unexpended funds.

Sec. 14. Section 144.1, Code 1999, is amended by adding the following new subsection: NEW SUBSECTION. 1A. "Court of competent jurisdiction" when used to refer to inspec-

tion of an original certificate of birth based upon an adoption means the court where the adoption was ordered.

Sec. 15. Section 144.1, subsection 13, Code 1999, is amended to read as follows: 13. "Vital statistics" means records of births, deaths, fetal deaths, adoptions, marriages,

divofees dissolutions, annulments, and data related thereto.

Sec. 16. Section 144.13, subsection 1, paragraph d, Code 1999, is amended to read as follows:

d. The state registrar may tfansmit to the appfopfiate loeal boafds of health~ infor- mation from birth certificates for the sole purpose of identifying those children in need of immunizations.

Sec. 17. Section 144.13A, Code 1999, is amended to read as follows: 144.13A FEES- USE OF FUNDS. The eoanty fegistfaf Of state registrar shall charge the parent a ten dollar fee for the

registration of a certificate of birth and a separate fee established under section 144.46 for a certified copy of the certificate eneept as othef\vise pfo•Aded in seetion 661.608, sabseetion e. The certified copy shall be mailed to the parent by the state registrar. If the person respon- sible for the filing of the certificate of birth under section 144.13 is not the parent, the person

CH. 141 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION 296

is entitled to collect the fee from the parent. The fee shall be remitted to the appropriate state registrar. If the expenses of the birth are reimbursed under the medical assistance program established by chapter 249A, or paid for under the statewide indigent patient care program established by chapter 255, or paid for under the obstetrical and newborn indigent patient care program established by chapter 255A, or if the parent is indigent and unable to pay the expenses of the birth and no other means of payment is available to the parent, the registra- tion fee and certified copy fee are waived. If the person responsible for the filing of the certificate is not the parent, the person is discharged from the duty to collect and remit the fee under this section if the person has made a good faith effort to collect the fee from the parent. The fees collected by the emmty registrar and state registrar shall be remitted to the treasurer of state for deposit in the general fund of the state. It is the intent of the general assembly that the funds generated from the registration fees be appropriated and used for primary and secondary child abuse prevention programs. It is the intent of the general assembly that the funds generated from the fees as established under section 144.46 for the mailing of the certified copy of the birth certificate be appropriated and used to support the distribution of the automatic birth certificate and the implementation of the electronic birth certificate system.

Sec. 18. Section 144.24, Code 1999, is amended to read as follows: 144.24 SUBSTITUTING NEW FOR ORIGINAL BIRTH CERTIFICATES- INSPECTION. If a new certificate of birth is established, the actual place and date of birth shall be shown

on the certificate. The certificate shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity, legitimationA or sex change shall not be subject to inspection except under order of a court of competent jurisdiction, including but not limited to an order issued pursuant to section 600-:M 600.16A, or as provided by administrative rule for statistical or administrative purposes only. How- ever, the state registrar shall, upon the application of an adult adopted person, a biological parent. an adoptive parent, or the legal representative of either the adult adopted person~ biological parent. or the adoptive parent, inspect the original certificate and the evidence of adoption and reveal to the applicant the date of the adoption and the name and address of the court which issued the adoption decree.

Sec. 19. NEW SECTION. 144.43A MUTUAL CONSENT VOLUNTARY ADOPTION REGISTRY.

1. In addition to other procedures by which birth certificates may be inspected under this chapter, the state registrar shall establish a mutual consent voluntary adoption registry through which adult adopted children, adult siblings, and the biological parents of adult adoptees may register to obtain identifying birth information.

2. If all of the following conditions are met, the state registrar shall reveal the identity of the biological parent to the adult adopted child or the identity of the adult adopted child to the biological parent, shall notify the parties involved that the requests have been matched, and shall disclose the identifying information to those parties:

a. A biological parent has filed a request and provided consent to the revelation of the biological parent's identity to the adult adopted child, upon request of the adult adopted child.

b. An adult adopted child has filed a request and provided consent to the revelation of the identity of the adult adopted child to a biological parent, upon request of the biological parent.

c. The state registrar has been provided sufficient information to make the requested match.

3. Notwithstanding the provisions of this section, if the adult adopted person has a sib- ling who is a minor and who has also been adopted, the state registrar shall not grant the request of either the adult adopted person or the biological parent to reveal the identities of the parties.

297 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION CH. 141

4. If all of the following conditions are met, the state registrar shall reveal the identity of the adult adopted child to an adult sibling and shall notify the parties involved that the requests have been matched, and disclose the identifying information to those parties:

a. An adult adopted child has filed a request and provided consent to the revelation of the adult adopted child's identity to an adult sibling.

b. The adult sibling has filed a request and provided consent to the revelation of the identity of the adult sibling to the adult adopted child.

c. The state registrar has been provided with sufficient information to make the requested match.

5. A person who has filed a request or provided consent under this section may withdraw the consent at any time prior to the release of any information by filing a written withdrawal of consent statement with the state registrar. The adult adoptee, adult sibling, and biologi- cal parent shall notify the state registrar of any change in the information contained in a filed request or consent.

6. The state registrar shall establish a fee by rule based on the average administrative costs for providing services under this section.

Sec. 20. Section 147.103A, subsection 3, Code 1999, is amended to read as follows: 3. The board may appoint investigators, who shall not be members of the examining

board, and whose compensation shall be determined pursuant to chapter 19A. Investigators appointed by the board have the powers and status of peace officers when enforcing this chapter and chapters -l4+A; 148, 150, 150A, and 272C.

Sec. 21. Section 14 7 A.1, subsection 1, Code 1999, is amended by striking the subsection.

Sec. 22. Section 147A.4, subsection 2, Code 1999, is amended to read as follows: 2. The department shall adopt rules required or authorized by this subchapter pertaining

to the examination and certification of emergency medical care providers. These rules shall include, but need not be limited to, requirements concerning prerequisites, training, and experience for emergency medical care providers and procedures for determining when individuals have met these requirements. The department shall adopt rules to recognize the previous EMS training and experience of first responders and emergency medical techni- cians to provide for an equitable transition to the EMT-basic certification. The department may require additional training and examinations as necessary and appropriate to ensure that individuals seeking certification have met the EMT-basic knowledge and skill require- ments. Tae department saall eonstllt 'Nita tae board eoneeming taese mles.

Sec. 23. Section 14 7 A 7, subsection 2, Code 1999, is amended by striking the subsection.

Sec. 24. Section 147A.8, unnumbered paragraph 2, Code 1999, is amended by striking the unnumbered paragraph.

Sec. 25. Section 14 7 A.9, subsection 4, Code 1999, is amended by striking the subsection.

Sec. 26. NEW SECTION. 147A.13A ENFORCEMENT. Investigators authorized by the department have the powers and status of peace officers

when enforcing this chapter.

Sec. 27. Section 151.1, subsection 3, Code 1999, is amended to read as follows: 3. Persons utilizing differential diagnosis and procedures related thereto, withdrawing or

ordering withdrawal of the patient's blood for diagnostic purposes, performing or utilizing routine laboratory tests, performing physical examinations, rendering nutritional advice, utilizing chiropractic physiotherapy procedures, all of which are subject to and authorized by section 151.8. However, a person engaged iH tae praetiee of eairopraetie saall HOt profit from tae sale of H\itritional prod\iets eoineiding 'Nita tae H\itritional adviee rendered.

CH. 141 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION 298

Sec. 28. Section 157.11, unnumbered paragraph 2, Code 1999, is amended to read as follows:

The application shall be accompanied by the fffifH:Hll biennial license fee determined pursuant to section 14 7 .80. The license is valid for one year two years and may be renewed.

Sec. 29. Section 158.9, unnumbered paragraph 2, Code 1999, is amended to read as follows:

The application shall be accompanied by the fffifH:Hll biennial license fee determined pursuant to section 147.80. The license is valid for one year two years and may be renewed.

Sec. 30. Section 225C.23, Code 1999, is amended to read as follows: 225C.23 BRAIN INJURY RECOGNIZED AS DISABILITY. L. The department of human services, the Iowa department of public health, the depart-

ment of education and its divisions of special education and vocational rehabilitation ser- vices, the department of human rights and its division for persons with disabilities, the department for the blind, and all other state agencies which serve persons with brain inju- ries, shall recognize brain injury as a distinct disability and shall identify those persons with brain injuries among the persons served by the state agency.

2. For the purposes of this section and section 135.22A, "brain injury" means clinically evident brain damage or Sflinal eord injHry resHlting direetly or indirectly from traHma, infection, anmda, or vascHlar lesions not 13rimarily related to degenerati';e or aging 13ro cesses, whieh tem13orarily or 13ermanently im13airs a 13erson's flhysical or cognitive fune tieR&:- the occurrence of injury to the head not primarily related to a degenerative disease or aging process that is documented in a medical record with one or more of the following conditions attributed to the head injury:

a. An observed or self-reported decreased level of consciousness. 11. Amnesia. ~ A skull fracture . .d.. An objective neurological or neuropsychological abnormality. !:::. A diagnosed intracranial lesion.

Sec. 31. Section 235A.15, subsection 2, paragraph d, Code 1999, is amended by adding the following new subparagraph:

NEW SUBPARAGRAPH. (6) Each board of examiners specified under chapter 147 and the Iowa department of public health for the purpose of licensure, certification or registra- tion, disciplinary investigation, or the renewal of licensure, certification or registration, or disciplinary proceedings of health care professionals.

Sec. 32. Section 235B.6, subsection 2, paragraph b, Code 1999, is amended by adding the following new subparagraph:

NEW SUBPARAGRAPH. (7) Each board of examiners specified under chapter 147 and the Iowa department of public health for the purpose of licensure, certification or registra- tion, disciplinary investigation, or the renewal of licensure, certification or registration, or disciplinary proceedings of health care professionals.

Sec. 33. Section 235C.2, subsections 2, 3, 4, 5, and 8, Code 1999, are amended to read as follows:

2. The director of the de13artment of human services or the director's designee as a nonvot ing eu officio member.

3. The de13artment coordinator director of the department of human rights or the coordinator's director's designee as a nonvoting eu officio member.

4. The director of the department of education or the director's designee as a nonvoting eu officio member.

5. The director of the department of corrections or the director's designee, as a non-voting CJE officio member.

299 LAWS OF THE SEVEN1Y-EIGHTH G.A., 1999 SESSION CH. 141

8. A hospital administrator or the administrator's designee selected by the board of the association of Iowa hospitals and health systems.

Sec. 34. Section 235C.2, Code 1999, is amended by adding the following new subsection: NEW SUBSECTION. 18. Two consumer representatives selected by the governor, one of

whom shall be a parent and one of whom shall be a nonparent family member.

Sec. 35. Section 235C.3, subsection 2, paragraph b, Code 1999, is amended to read as follows:

b. A health professional training campaign, including recommendations concerning the curriculum offered at the college of medicine at the state university of Iowa and the univer- sity of osteopathic medicine and health services,* providing assistance in the identification of women at risk of substance abuse during pregnancy and strategies to be employed in assisting those women to maintain healthy lifestyles during pregnancy. IReluded iR this This education campaign shall be guideliRes offer information to health professionals effer- iRg iRfeFmatieR on assessment, laboratory testing, medieatieR use, and referrals.

Sec. 36. Section 235C.3, subsection 5, unnumbered paragraph 2, Code 1999, is amended by striking the unnumbered paragraph.

Sec. 37. Section 321.19, subsection 1, unnumbered paragraph 2, Code 1999, is amended to read as follows:

The department shall furnish, on application, free of charge, distinguishing plates for vehicles thus exempted, which plates except plates on Iowa state patrol vehicles shall bear the word "official" and the department shall keep a separate record. Registration plates issued for Iowa state patrol vehicles, except unmarked patrol vehicles, shall bear two red stars on a yellow background, one before and one following the registration number on the plate, which registration number shall be the officer's badge number. Registration plates issued for county sheriff's patrol vehicles shall display one seven-pointed gold star followed by the letter "S" and the call number of the vehicle. However, the director of general services or the director of transportation may order the issuance of regular registration plates for any exempted vehicle used by peace officers in the enforcement of the law, persons enforcing chapter 124 and other laws relating to controlled substances, persons in the department of justice, the alcoholic beverages division of the department of commerce, disease investiga- tors of the Iowa department of public health. the department of inspections and appeals, and the department of revenue and finance, who are regularly assigned to conduct investiga- tions which cannot reasonably be conducted with a vehicle displaying "official" state regis- tration plates, persons in the lottery division of the department of revenue and finance whose regularly assigned duties relating to security or the carrying of lottery tickets cannot reasonably be conducted with a vehicle displaying "official" registration plates, and per- sons in the department of economic development who are regularly assigned duties relating to existing industry expansion or business attraction. For purposes of sale of exempted vehicles, the exempted governmental body, upon the sale of the exempted vehicle, may issue for in-transit purposes a pasteboard card bearing the words "Vehicle in Transit", the name of the official body from which the vehicle was purchased, together with the date of the purchase plainly marked in at least one-inch letters, and other information required by the department. The in-transit card is valid for use only within forty-eight hours after the purchase date as indicated on the bill of sale which shall be carried by the driver.

Sec. 38. Section 321.34, subsection 11A, paragraph c, Code 1999, is amended to read as follows:

c. The special fee for letter number designated love our kids plates is thirty-five dollars. The fee for personalized love our kids plates is twenty-five dollars, which shall be paid in addition to the special love our kids fee of thirty-five dollars. The fees collected by the

• University of osteopathic medicine and health sciences probably intended

CH. 141 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION 300

director under this subsection shall be paid monthly to the treasurer of state and credited to the road use tax fund. Notwithstanding section 423.24, and prior to the crediting of revenues to the road use tax fund under section 423.24, subsection 1, paragraph "c", the treasurer of state shall transfer monthly from those revenues to the Iowa department of public health the amount of the special fees collected in the previous month for the love our kids plates. Notwithstanding section 8.33. moneys transferred under this subsection shall not revert to the general fund of the state.

Sec. 39. Section 331.605, subsection 5, Code 1999, is amended to read as follows: 5. A county fee of four dollars for the following eertifieates, FeeoFds, OF setviees: &.- A a certified copy of a birth record, death record, or marriage certificate.

Sec. 40. Section 331.802, subsection 2, Code 1999, is amended to read as follows: 2. If a person's death affects the public interest, the county medical examiner shall con-

duct a preliminary investigation of the cause and manner of death, prepare a written report of the findings, promptly submit the full report to the state medical examiner on forms prescribed for that purpose, and submit a copy of the report to the county attorney. For each preliminary investigation and the preparation and submission of the required reports, the county medical examiner shall receive from the county of appointment a fee determined by the board plus the examiner's actual expenses. The fee and expenses paid by the county of appointment shall be reimbursed to the county of appointment by the county of the person's residence. However, if the person's death is caused by a defendant for whom a judgment of conviction and sentence is rendered under section 707.2, 707.3, 707.4, 707.5, or 707.6A, the county of the person's residence may recover from the defendant the fee and expenses. The fee and expenses of the county medical examiner who performs an autopsy or conducts an investigation of a person who dies after being brought into this state for emergency medical treatment by or at the direction of an out -of -state law enforcement officer or public authority shall be paid by the state. A claim for payment shall be filed with the Iowa department of public health. If moneys are not appropriated to the Iowa department of public health for the payment of autopsies under this subsection. claims for payment shall be forwarded to the state appeal board and. if authorized by the board. shall be paid out of moneys in the general fund of the state not otherwise appropriated.

Sec. 41. AFFIDAVIT PROCESS- HUSBAND NOT BIOLOGICAL FATHER. 1. The Iowa department of public health and the department of human services shall

review and make recommendations to the general assembly regarding the implementation of an affidavit process, similar to the process established pursuant to section 252A.3A, to overcome paternity established by operation of law when the established father and the mother of the child are or were married at the time of conception or birth of the child, and to simultaneously establish paternity of the biological father. In reviewing this issue and developing recommendations, the departments shall seek input from representatives of cus- todial and noncustodial parents, vital records entities, hospitals and birth centers, the judi- cial branch, the office of the attorney general, the child support advisory committee created in section 252B.18, and other interested parties.

2. The departments shall submit a report of the results of the review and recommenda- tions, including a listing of any necessary, proposed statutory amendments, to the general assembly and to the chairpersons of the senate and house human resources standing com- mittees by December 15, 1999.

Sec. 42. Section 151.7, Code 1999, is repealed.

Approved May 18, 1999