General Assembly: 76 (1996 Regular GA) - Chapter 1128 - Miscellaneous public health administration provisions


Published: 1996-04-17

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265 lAWS OF THE SEVENlY-SIXTH GA, 1996 SESSION CH. 1128

e9mmumty Fehabilitati9R pF9gFamS as pFaetieahle iR seear.ng empleymeRt feF those indi- viduals with severe disabilities.

Sec. 7. Section 259.4, subsection 15, Code 1995, is amended to read as follows: 15. Provide financial and other necessary assistance to public or private agencies in the

development, or expansion, 9peFati9R, 9F mainteRftRee of community rehabilitation pro- grams. or programs in other public agencies, needed for the rehabilitation of individuals with disabilities.

Sec. 8. Section 259.5, Code 1995, is amended by striking the section and inserting in lieu thereof the following:

259.5 REPORT TO GOVERNOR. The division shall report biennially to the governor the condition of vocational rehabili-

tation within the state, designating the educational institutions, establishments, plants, factories, and other agencies in which training is being given, and include a detailed state- ment of expenditures of the state and federal funds in the rehabilitation of individuals with disabilities.

Sec. 9. Section 259.7, Code 1995, is amended to read as follows: 259.7 FUND. All the moneys received as gifts or donations shall be deposited in the state treasury and

shall constitute a permanent fund to be called the special fund for the vocational rehabili- tation of individuals with disabilities, to be used by the beaFd director of the department of education in carrying out the provisions of this chapter or for related purposes.

Sec. 10. Section 259.9, Code 1995, is amended to read as follows: 259.9 AGREEMENT CONTINUED. The agreement between the haMEl feF veeatiaRai eEiaeatiaR director of the department

of education and the seeFetary af the URiteEi States ElepafimeRt af health MEl htHRM seF Yiees commissioner of the United States social security administration relating to making determinations of disability under Title II and Title XVI of the federal Social Security Act as amended, 42 U.S.C. ch. 7, completed prior to July 1, 1986 remains in effect.

Sec. 11. CENTER NAMED. The northwest section of the Jessie M. Parker vocational rehabilitation building at the capitol complex in Des Moines shall be named the Juliet Saxton Center.

Approved April 17, 1996

CHAPTER 1128 MISCELlANEOUS PUBUC HEALTH ADMINISTRATION PROVISIONS

S.F.2171

AN ACf relating to public health administration, including the duties of the director of public health, primary care recruitment and retention, professional licensure, and health data.

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

Section 1. Section 135.11, Code 1995, is amended by adding the following new sub- section:

CH. 1128 lAWS OF THE SEVEN1Y-SIXTH GA, 1996 SESSION 266

NEW SUBSECfION. 25. Establish ad hoc and advisory committees to the director in areas where technical expertise is not otherwise readily available. Members may be com- pensated for their actual and necessary expenses incurred in the performance of their duties. Expense moneys paid to the members shall be paid from funds appropriated to the department. A majority of the members of such a committee constitutes a quorum.

Sec. 2. Section 135.107, subsection 3, paragraph b, subparagraph (2), subparagraph subdivision (a), Code Supplement 1995, is amended to read as follows:

(a) Determination of eligibility requirements and qualifications of an applicant to re- ceive loan repayment under the program, including but not limited to years of obligated service 'Nhieh shaD be feF a minimum ef ten yeaFs unless fedeFaI FeEJouiFemeBts feF the pmgmm FeEJ:UiFe EliffeFeBtly, clinical practice requirements, and residency requirements. One year of obligated service shall be provided by the applicant in exchange for each year of loan repayment. unless federal requirements otherwise require. Loan repayment under the program shall not be approved for a health provider whose license or certification is restricted by a medical regulatory authority of any jurisdiction of the United States, other nations, or territories.

Sec. 3. Section 135.lO7, subsection 3, paragraph c, subparagraph (2), subparagraph subdivision (a), Code Supplement 1995, is amended to read as follows:

(a) Determination of eligibility requirements and qualifications of an applicant to re- ceive scholarships under the program, including but not limited to years of obligated ser- vice v:hieh shaD be feF a minimum ef ten yeaFs UB:less fedeFal FeEJouiFements feF the pm gmm FeEJ:UiFe EliffeFently, clinical practice requirements, and residency requirements. One year of obligated service shall be provided by the applicant in exchange for each year of loan repayment. unless federal requirements otherwise require.

Sec. 4. Section 144C.4, subsection 6, Code Supplement 1995, is amended by adding the following new paragraph:

NEW PARAGRAPH. g. Facilitate, in cooperation with the health data commission es- tablished in section 145.2, the transfer of historic health data from the commission to the data repository.

Sec. 5. Section 147.8, Code 1995, is amended to read as follows: 147.8 RECORD OF UCENSES. The name, location, number of years of practice of the person to whom a license is

issued to practice a profession, the number of the certificate, and the date of registration thereof shall be enteFed in a beek l~ept in: the effiee ef the department te be kBe'NH as the registry beek, and the same shaD be kept and made available in a manner which is open to public inspection.

Sec. 6. Section 152B.13, unnumbered paragraph 2, Code 1995, is amended to read as follows:

The members of the advisory committee shall include two licensed physicians with rec- ognized training and experience in respiratory care, two respiratory care practitioners, and one public member. Not more than a simple majority of the advisory committee shall be of one gender. A majority of the members of the committee constitutes a quorum. Mem- bers shall be appointed by the governor, subject to confirmation by the senate, and shall serve three-year terms beginning and ending in accordance with section 69.19. Members shall be compensated for their actual and necessary expenses incurred in the performance of their duties. Expense moneys paid to the members shall be paid from funds appropri- ated to the department. Each member of the committee may also be eligible to receive compensation as provided in section 7E.6.

Sec. 7. Section 152C.2, Code 1995, is amended to read as follows: 152C.2 MASSAGE THERAPY ADVISORY BOARD CREATED - DUTIES.

267 LAWS OF THE SEVENlY-SIXTH GA., 1996 SESSION CH, 1129

The director of the department shall appoiJllt members of the board, including four mas- sage therapists and three persons who are not massage therapists and who shall represent the general public. A majority of the members of the board constitutes a quorum. Mem- bers shall be compensated for their actual and necessary expenses incurred in the perfor- mance of their duties. Expense moneys paid to the members shall be paid from funds appropriated to the department. The board shall advise the department regarding licen- sure and continuing education requirements, standards of practice and professional eth- ics, disciplinary actions, and other issues of concern to the board.

Sec. 8. Section l52D.7, unnumbered paragraph 2, Code 1995, is amended to read as follows:

The members of the advisory board shall include three licensed athletic trainers, three physicians licensed to practice medicine in all its branches, and one public member. Not more than a simple majority of the advisory board shall be of one gender. A majority of the members of the board constitutes a quorum. Members shall be appointed by the governor, subject to confirmation by the senate, and shall serve three-year terms beginning and ending in accordance with section 69.19. Members shall be compensated for their actual and necessary expenses incurred in the performance of their duties. Expense moneys paid to the members shall be paid from funds appropriated to the department. Each member of the board may also be eligible to receive compensation as provided in section 7E.6.

Approved April 17, 1996

CHAPTER 1129 MENTAL AND PHYSICAL CONDITIONS - TERMINOLOGY CHANGES AND

RELATED MATTERS S.F.2438

AN ACf relating to the terminology used to describe persons with certain mental and physical conditions, and providing for related matters concerning persons with mental illness.

Be It Enacted by the General Assembly of the State of Iowa: Section 1. Section 4.1, subsections 15 and 39, Code Supplement 1995, are amended to

read as follows: 15. ME~lL'\ILY ILL PERSONS WITH MENTAL ILLNESS. The words "meDtally ill

jlerseD" "persons with mental illness" include meatal fetaf'dates, jlsyehetie persons with psychosis, sevefely dejlfessed persons who are severely depressed. and persons ~ seaRd mind with any type of mental disease or mental disorder. except that mental illness does not refer to mental retardation as defined in section 222.2. or to insanity. diminished responsibility. or mental incompetency as defined and used in the Iowa criminal code or in the rules of criminal procedure. Iowa court rules. 3d ed. A person who is hospitalized or detained for treatment of mental illness shall not be deemed or presumed to be incompe- tent in the absence of a finding of incompetence made pursuant to section 229.27.

39. WRITTEN - IN WRITING - SIGNATURE. The words "written" and "in writing" may include any mode of representing words or letters in general use. A signature, when required by law, must be made by the writing or markings of the person whose signature is required. If a person is unable due to a physical haDdieajl disability to make a written signature or mark, that person may substitute either of the following in lieu of a signature required by law: