a communication of the Iowa Nurses Association

Volume 3, Number 32 April 21, 2000

HF 2084 UNDERAGE BODY PIERCING - Prohibits body piercing, not including ear lobes, of minors except with written parental consent. Makes it a serious misdemeanor and creates an affirmative defense if practitioner believes minor is 18 years of age. Directs the Department of Public Health to issue standardized forms, adopt rules and to order practitioners to cease operation until corrective actions are taken. Requires piercing establishments to meet the same standards as tattoo parlors. Establishes permits and fee schedule.

SF 2449 TOBACCO USE PREVENTION AND CONTROL - Creates the Tobacco Use Prevention and Control Division and a Commission within the Department of Public Health with 15 voting members appointed by the Governor and confirmed by the Senate. The Commission also has 5 ex officio non-voting members. Establishes the Tobacco Use Prevention and Control Initiative to attain specified results of reducing smoking by youths, pregnant women, etc. and encourage community-based partnerships with schools and others to reducing tobacco use. Directs the Commission to implement a statewide system for the equitable funding of initiative programs based on the school-age population along with other criteria. Effective upon enactment.

HCR 109 PROSTATE CANCER AWARENESS - Requests the Governor to declare the week of Father’s Day.

Adopted by the House

HCR 111 OSTEOPOROSIS PREVENTION - Encourages health care workers, among others, to inform the public of the causes of, and prevention of osteoporosis. Adopted by the House

SF 2429 HEALTH AND HUMAN RIGHTS APPROPRIATION - Appropriates to health and human rights agencies:

Total (from the GF): $87.6 million; Operations $73.6 million; Grants: $14 million.

Appropriations: Dept. for the Blind $1.8 million; Civil Rights Commission $1.2 million; Dept. of Elder Affairs $5.1 million;

Governor’s Alliance on Substance Abuse $586,000; Drug Enforcement Abuse Coordinator $506,000; DARE $80,000;

Dept. of Public Health Total - $29.7 million; Planning & Administration $1.4 million, Public Protection $7.1 million, Addictive Disorders $1.4 million, Community Capacity $1.6 million, Child, Adult & Elderly Wellness $1.4 million; Chronic Conditions $1.8 million, Environmental Hazards $166,000, Infectious Diseases $1.3 million, Injuries $1.9 million; Dept. of Human Rights Total - $3.6 million;

Veterans Affairs Commission $45.7 million; Veterans Home $45.4 million; Administration $295,000.

Other Funds DPH Total $3.8 million; Gambling Treatment Fund $2.2 million; Addictive Disorders & Home Care $1.6 million.

Retained Fees: Allows the Dental Board, Pharmacists Board, Nursing Board and the Medical Board to use $263,000 from fees for moving expenses. Allows the Department of Public Health to keep $100,000 in fees from the Medical Board to improve licensing functions and to retain autopsy fees. Allows the Veterans Home to keep $900,000 in VA drug reimbursements for pharmacy related expenses.

Statutory Changes: Creates an Assisted Living Certification Fund controlled by Elder Affairs retroactive to the beginning of FY 2000. Continues the Scope of Practice Review until 2002.

H-8878 by Nelson-Forbes - Changes the Governor’s Alliance on Substance Abuse to the Governor’s Office of Drug Control Policy. Increases funding to that office by $1 million for various programs. ADOPTED

H-8753 by Nelson-Forbes - Allows the Board of Dental Examiners to retain Dental Assistants’ licensing fees for two additional positions. ADOPTED

H-8879 by Hansen - Directs the $100,000 appropriated to the HAWK-I Plan be used as directed by the Hawk-I Board. ADOPTED

H-8859 by Nelson-Forbes - Appropriates up to $50,000 received by the Racing and Gaming Commission for to the DPH to supplement childhood lead poisoning testing. ADOPTED

H-8858 by Nelson-Forbes - Appropriates three-tenths of one percent of pari-mutuel receipts to the Childhood Lead Poisoning Prevention Program within the DPH up to $50,000. Directs remaining money be used for cost associated with the child fatality provisions. ADOPTED

H-8849 by Davis - Establishes the Community Grant Fund within the DHR. ADOPTED

H-8885 by Ford - DPH to establish a model rule to remediate lead poisoning. Allows local boards of health to adopt the rule. FAILED, 43, 53

H-8680 by Weigel - Increases funding to the Veterans’ Home by $1 million. FAILED

H-8685 - Ruled OUT OF ORDER

H-8679, H-8689, H-8690, H-8730, H-8762, H-8763, H-8766, & H-8864 - WITHDRAWN

S-5452A by Rife - Increases the appropriation by $80,000 and authorizes $50,000 for the childhood lead poisoning prevention program and the remainder for costs associated with the child fatality review team. ADOPTED

S-5452B - RULED NOT GERMANE

S-5451 - WITHDRAWN

S-5478 by Rife - Appropriates three-tenths of one percent of pari-mutuel horse racing receipts to DALS for distribution to the Iowa Quarter Horse Association, the Iowa Thoroughbred Breeders and the Iowa Harness Horse Association to enhance awareness of horse racing, including raising public awareness of problem gambling. Limited to one year. Strikes the use of horse racing receipts for the lead poisoning program. ADOPTED

S-5415, as amended, ADOPTED

HF 2565 TOBACCO PREVENTION AND CONTROL - Creates the Tobacco Use Prevention and Control Division and a governing Commission within the Department of Public Health with 15 voting members appointed by the Governor and confirmed by the Senate. The Commission also has 5 ex officio non-voting members. Establishes the Tobacco Use Prevention and Control Initiative to attain specified results of reducing smoking by youths, pregnant women, etc. and encourage community-based partnerships with schools and others to reducing tobacco use. Directs the Commission to implement a statewide system for the equitable funding of initiative programs based on the school-age population along with other criteria. Effective upon enactment.

H-8890 by Brunkhorst, et al - Reduces voting members of the Commission to ten with the requirement that Commission membership consist of three members associated with health organizations, one retailer, three youths with at least one female but not politically or racially balanced. Allows the Governor to appoint all initial adult members of the Commission but allows the Legislative Council to submit a list of recommended appointees. Requires the Alcoholic Beverages Division educate retailers. Prohibits tobacco companies from donating to the Commission. Removes various mandates making them voluntary instead. Changes the sunset provision to 2010. Makes numerous technical corrections. ADOPTED

H-8896 to H-8890 by Murphy - Prohibits alcohol beverage companies from donating to the Commission. FAILED, 40-50

H-8900 by Chiodo - Prohibits giving away of tobacco products. Prohibits gifts or premiums in exchange for purchasing tobacco products. ADOPTED, 82-15

H-8831, H-8894, & H-8897 - WITHDRAWN

House File 2555 TOBACCO SETTLEMENT- Appropriates $55 million from the Tobacco Settlement Fund

H-8932 by Murphy - Corrective changes. ADOPTED

H-8933 by Murphy - Prohibits the Department from computing an earned income deduction when determining eligibility for the Children’s Health Insurance Program. ADOPTED

H-8941 by Carroll - Requires emergency rules be published by June 14, 2000. ADOPTED

H-8940 - WITHDRAWN

H-8945 - Strikes the study by DHS of dental services reimbursements. ADOPTED

H-8930 as amended, ADOPTED

SF 2144 HEALTH CARE FACILITY INSPECTIONS - Requires unannounced inspections of health care facilities to at least once every 30 months. Does not require that a complaint-based inspection be limited to the complaint.

Quality-Based Complaints: Establishes a quality-based complaint system. Requires the DIA to convene a group of stakeholders to establish criteria for the quality-based inspections and report to the budget subcommittees on the criteria and implementation for such a system in an interim report by February, 2001 and a final report by August 2001

H-8496 by Blodgett - Technical wording change. ADOPTED

H-8374 by Blodgett - Direct to whom the interim report is to be forwarded to. ADOPTED

HF 2459 HEALTH CARE FACILITY INSPECTIONS - WITHDRAWN

HF 2474 ACCREDITATION STANDARDS - Requires state Board of Education to adopt rules incorporating a health services, media services and guidance programs into the general accreditation standards for school districts. Requires that this provision be for reporting purposes only but not to establish a requirement for these services.

S-5166 - WITHDRAWN; S-5287 - OUT-OF-ORDER

SF 2126 CONTRACEPTIVE COVERAGE - Prohibits all insurance policies, or other health benefits plans, from excluding benefits for prescription contraceptives if the policy covers other prescriptions. Authorizes the use of generic drugs. Prohibits denying coverage to a person because of the use of contraceptive devices. Effective after July, 2000. Contains other related provisions.

S-5383 by the House - Requires that the devices prevent conception. ADOPTED

The Senate CONCURRED with S-5383

HF 2565 TOBACCO USE CONTROL - Establishes the Tobacco Use Prevention and Control Division: Creates a governing Commission in the Department of Public Health, with 10 voting members consisting of three members associated with health organizations, one retailer, three youths with at least one woman but not politically or racially balanced, and five ex officio members. Allows the Governor to appoint all initial adult members of the Commission but allows the Legislative Council to submit a list of recommended appointees.

Control Initiative: Establishes the Tobacco Use Prevention and Control Initiative to attain specified results of reducing smoking by youths, pregnant women, etc. and encourage community-based partnerships with schools and others to reducing tobacco use. Directs the Commission to implement a statewide system for the equitable funding of initiative programs based on the school-age population along with other criteria.

Other: Requires the Alcoholic Beverages Division to educate retailers. Prohibits tobacco companies from donating to the Commission. Prohibits giving away of tobacco products. Prohibits gifts or premiums in exchange for purchasing tobacco products. Sunsets in 2010. Effective upon enactment.

S-5438A by Connolly - Eliminates the Senate smoking room. RULED NOT GERMANE

S-5450 by Connolly - Requires the Legislature and the Governor to declare the General Assembly a smoke-free environment. RULED NOT GERMANE

S-5499 by Connolly - RULED NOT GERMANE

S-5446 by Bolkcom & Dvorsky - Offers smoking cessation programs to all adult smokers. FAILED, 19-30

S-5439, S-5445, S-5456, S-5459, S-5461, S-5464, S-5518 - WITHDRAWN or OUT-OF-ORDER

HF 2205 E-COMMERCE - Establishes the Uniform Computer Information Act.

E-Commerce: Authorizes the legal recognition of electronic records, signatures, and contracts. Establishes the means to electronically notarize signatures and documents and procedures for correcting electronic records damaged during transmission. Makes Definitions.

Choice of Law: Establishes Iowa law as controlling in e-commerce between an Iowa resident and a resident of a state with the Uniform Computer Information Act in the event of a conflict.

Standards: Requires Information Technology Services and the Secretary of State to act jointly, in consultation with the Attorney General, when establishing electronic record standards.

S-5162 by Commerce - Allows bids to be done electronically. Requires agencies to use and rely on electronic records by July, 2003 unless granted a waiver by DOM. Strikes the exemption of real estate deeds or liens from the applicability of electronic records.

AMENDMENTS to HF 2205 were considered and adopted.

SF 2079 TOBACCO PRODUCTS - Prohibits the sale, possession, distribution and transportation of tobacco products if made for the export outside the U.S. or were exported and reimported. Effective upon enactment.

SF 2366 TOBACCO LAWS -

IDs: Makes the use of a driver’s license by a minor to purchase tobacco a simple misdemeanor. Authorizes the seizure of fake identification, or identification that a retailer believes to be fraudulent. Requires the fraudulent id to be sent to local law enforcement for a determination on whether a prosecution will be brought and requires the DOT to return the id if the matter is not pursued. Requires the court to forward the conviction for a fake id to the DOT.

Punishment: Establishes alternative punishments including education programs and community service for minors who violate the tobacco laws, including

1st offense: 8 hours community service; $50 fine;

2nd offense: 12 hours of community service; $100 fine;

3rd offense: 32 hours of community service; $250 fine. Allows DOT to issue a temporary restricted license. Allows suspension of the fine for the alternative punishments. Establishes civil penalties for clerks who sell cigarettes to minors, including

1st offense: $100;

2nd offense: $250;

3rd offense: $500.

Licenses: Limits license revocations to the place of business where the offense occurred and not to other locations in the chain. Requires that copies of retail permits be sent to the DPH. Requires a retailer to have a permit suspended for 60 days for three violations of selling to minors in three years and for a revocation of a permit for four violations in three years.

Other: Allows minors to handle tobacco products as part of their job and to participate in sting operations. Prohibits placing a teen in a secure detention facility for failing to pay the civil penalty. Allows the cities and counties to keep the fines for enforcement.

HF 2146 PARA-EDUCATOR CERTIFICATION - Eliminates the Board of Educational Examiners para-educator licensing plan and replaces it with a certification program. Sets standards of conduct that result in the disqualification of para-educators in the same manner as certified teachers or as provided by administrative rule. Authorizes the State Board of Education to adopt rules for the approval of para-educator certification programs.

SF 2360 BACKGROUND CHECKS - Makes technical changes to the code regarding background checks of state employees. Allows background checks of employees and volunteers who have direct contact with clients in county cluster offices. Allows the consideration of the criminal offenses in determining if that person should continue service. Changes the name of the state hospital schools to state resource centers. Allows a county to change its service arrangements with DHS on ninety days notice. Sets Webster and Washington Counties as the Adult MH/MR/DD Decat Pilot Project.

HF 2522 DOMESTIC ABUSE PRIVACY - Allows a victim of domestic abuse to use an address of a shelter or other agency as a mailing address for petition filing and obtaining utility and other services. Protects the address of Safe Shelters.

HF 2577 VISION IOWA PROGRAM (Ways & Means; Successor to HF 2575)- Creates the Vision Iowa Program and Vision Iowa Board, but makes no appropriation.

Vision Iowa Program:

Community Attraction & Tourism Fund (CAT). Reserves one-third of the fund for cities with less than 10,000 people and the 33 least populated counties.

Vision Iowa Program (VIP): Requires that projects cost at least $20 million, have local or private support of at least 50% and show potential to generate long-term revenue.

School Infrastructure: Sets up a school infrastructure fund. Grants a quarter of the fund to school districts with under 2,000 pupils, one-fourth to districts 2,000 - 4,750, one-fourth to districts with more than 4,750 students and one-fourth not subject to school size restrictions.

HF 2579/ SF 2461 TOBACCO SETTLEMENT AUTHORITY (Iverson & Rants) Creates a Tobacco Settlement Authority to administer the Tobacco Settlement and which will be staffed from the Treasurer’s office. Creates a board to govern the Authority consisting of the Treasurer, the Auditor and the Director of the Department of Management. Provides for the State to sell the Tobacco Settlement to the Authority under a plan the Authority develops and submits to the legislative council; if the legislative council approves the plan, it is then sent to the executive council for ratification. Authorizes the Authority to issue tax exempt bonds. Exempts the Authority from competitive bid laws and prohibits the authority from financially or legally obligating the state. Creates the Tobacco Settlement Trust Fund for unobligated income to the authority under the control of the authority and separate from other state funds. Creates the Tobacco Settlement Endowment Fund in the Treasurer’s office. Requires all payments to the state from the authority, after litigation costs, go into the fund as well as any portion of the settlement the state might not sell to the authority. Prohibits appropriations from the fund except for health care, substance abuse treatment and enforcement, tobacco prevention and control and the needs of Iowans. Creates a savings account for healthy Iowans within the endowment fund, funded by an annual appropriation. Allows the funds to retain earnings and reversions. Effective on enactment.

HF 2582 TOBACCO - DRUGS PAYMENTS (Davis) Appropriates $10 million from the tobacco settlement for a prescription drug assistance program for elderly Iowans.

HF 2583 DRUG CREDIT (Davis) Creates an income tax credit of 25% of the unreimbursed cost for prescription drugs.