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LEGISLATIVE CONNECTION Resolutions Introduced in Recognition of Nursing Students and Faculty In recognition of the projected nursing shortage, resolutions were introduced in the House and Senate this week by Rep Linda Upmeyer and 79 other representatives (HR 112) and Senator Nancy Boettger (SR 111). The resolutions designated February 12 as Iowa Nursing Student and Faculty Day and recognized the need for both men and women to choose nursing as a career.
Governor Vilsack, Health Director Hansen and Rep Upmeyer INA Nurse Legislative Day took a new approach this year by offering a briefing to attendees before making contact with the legislators. After observing the convening in the House and Senate galleries and hearing the resolution read honoring nursing students and faculty, attendees moved to the Wallace Office Building Auditorium for a two hour briefing led by INA President Karol Joenks and Public Policy Committee Chair, Judi Donahue. Governor Vilsack addressed the group telling the story of a woman going to nursing school and her daughter using the HAWK-I program and the need to preserve funding for HAWK-I and the Medicaid program. He shared with attendees how to talk to legislators who might not be favorable to the nursing message. He explained the tax cuts that have occurred over the last nine years and the impact on the state budget. He encouraged nursing students and nurses to repeat their message many times. Department of Public Health Director, Mary Hansen addressed the group talking about what she did as a nurse that helped in elevating her to that position as Iowa's first nurse Director. She talked about some of the current issues that face her as the Public Health Director and her communications with legislators. Rep Linda Upmeyer spoke about her path to becoming a legislator, the health care bills she is involved in, how other legislators come to her for advice, what it takes to run a campaign, the issues that she gets the most calls about and the most effective way to communicate with a legislator. Chris Newell of the Board of Nursing stepped in for Lorinda Inman sharing what the Board of Nursing does in its role of public protection. Cathy Pagel, a student participant in 2003 shared her perspective on first time contact with legislators. House Human Resources Committee Discusses Parity Bill INA President Karol Joenks was one of a number of people giving testimony to the House Human Resources Committee on Thursday, February 12 about the technical aspects of HF 627 to provide parity for mental illness with physical illness. The committee went into a "Committee of the Whole" in order to receive testimony from provider organizations, insurers, business and others. It would appear that there is some effort to move some form of the bill this session. Health Freedom Bill A subcommittee of the House Human Resources Committee of Reps Boddicker, Upmeyer and Miller heard comments on Wednesday, February 11 about House File 477 (SF 294). This bill provides intent language recognizing that many citizens obtain complementary and alternative health care. Since the scope of physician practice in Iowa is so broadly defined, many times individuals practicing complementary and alternative health care are charged with "practicing medicine without a license". This bill would provide protection from that charge when the individual providing the service is not a licensed health professional. Minnesota, Rhode Island, California, Idaho and Oklahoma have such language. Eight states are proposing it. Opposition is that licensed health professionals who lose their license could be "legalized" for these services. There were 25 citizens and 25 lobbyists present to listen to the discussion. DHS Fiscal Agent Contract The Department of Human Services provided an overview to the Government Oversight Committee about their rebid of the contract for administration of payment for services. Legislators raised concerns about the structure of the Request for Proposal (RFP). Department staff has split the contract into nine "skill sets" for companies to bill on such as: Medicaid Management Information System, Provider Audits, pharmacy payments, etc. Rep. Heaton expressed his support since the current system does not provide answers to data requests sufficiently to make informed decisions. Other legislators expressed concern that this approach has not been tried anywhere else. The Department says that they will not buy a new computer system, but move the information and processing from external computer to the state's computer. Additional costs to the state are still anticipated with this change. Update to Nurse Practice Act Introduced House Study Bill 626, a proposed Public Health bill, makes changes to programs under the purview of the Iowa Department of Public Health. Of interest to nursing is Section 10 requested by the Board of Nursing to update the Iowa Code-Nurse Practice Act in Chapter 152 so that a registered nurse "executes the regimen prescribed by a physician, nurse practitioner or physician assistant." This language would update the Iowa Code into current practice. INA Legislative Agenda and Bills of Interest to Nursing in 2004 To learn the most current status of the bill, go to www.legis.state.ia.us Under "Popular Links", click on "Bill Book" and put in whether it is a Senate File or House File and the bill number.
Other Issues of Importance
Senate Floor Action
SF 2066 CHILD RESTRAINT SYSTEMS - Requires that children under the age of 6 to be secured in restraint systems in vehicles, and for children under the age of 1 and under 20 pounds to be secured in rear facing systems. Requires that children between the ages of 6 and 11 use a seat belt or be in a restraint system. Requires that warning tickets be issued in the first year and that the fine be $25 after that.
HF 2134 MEDICAL ASSISTANCE CHANGES - Makes changes in the definition of residential care facility. Expands the assessment on intermediate care facilities to include state facilities for persons with mental retardation. Amends the eligibility provisions for certain supplemental assistance.
H-8012 by Carroll - Limits the home and community based services to the type of services previously covered by Medicaid and allows the DHS to set cost limitations.
HF 2187 DENTAL ASSISTANTS - Eliminates the examination requirement as a prerequisite for being designated a registered dental assistant. Allows the supervising dentist to certify the assistant. Allows the Board of Dental Examiners to set the standards for certification, including requiring knowledge of infection control, hazardous materials, and jurisprudence. Committee Action
House Human Resources: Voted Out:
House State Government: Voted out:
COMMITTEE ASSIGNMENTS
Senate Commerce Committee:
Senate Human Resources Committee:
House Appropriations
House Commerce:
House Human Resources NEW BILLS INTRODUCED House Files HF 2187 DENTAL ASSISTANTS (Human Resources; Successor to HSB 517) Eliminates the examination requirement as a prerequisite for being designated a registered dental assistant. Allows the supervising dentist to certify the assistant. Allows the Board of Dental Examiners to set the standards for certification, including requiring knowledge of infection control, hazardous materials, and jurisprudence. HF 2190 HEALTH CARE PROVIDER DISCRIMINATION (Connors) Prohibits discrimination by insurers, HMOs, and other employee health care insurance plans against health care providers located within the geographic coverage area of the plan if the provider is willing to meet the terms and conditions for participation established for the plan. (Commerce) HF 2195 SUBSTANCE ABUSE PROGRAM (D. Olson) Requires the regions of the Comprehensive Substance Abuse Program to be periodically reviewed in order to serve participants as close to the participants' communities as is reasonable. Allows a region to consist of a single county and grants to be issued to more than one program within a region. Requires solicitation and equal consideration of new applications prior to a new grant authorization period. (Human Resources) NEW BILLS INTRODUCED House Files HF 2200 FIRE MARSHAL (Public Safety; Successor to HSB 519) Strikes the requirement that the notice of a hearing on the filing of an administrative rule by the State Fire Marshal be published in a newspaper and requires it to be published in the Administrative Bulletin. Includes placing a simulated explosive in or near an occupied structure in the crime of harassment. Includes fires caused by the manufacture of illegal drugs in the crime of arson. The Floor Manager is Rep. Dwayne Alons HF 2201 MASSAGE THERAPY EXEMPTION (State Government Successor to HSB 596) Exempts a number of professional license holders from massage therapy licensing requirements. The list includes those licensed practice medicine, surgery, including osteopathic licensees, chiropractic, cosmetology arts and sciences, podiatry, and allows for athletic trainers, technicians, nurses, occupational therapists, or physical therapists under the supervision of a person licensed to practice medicine or surgery or osteopathic medicine and surgery. Exempts persons licensed in another state or foreign county and incidentally in Iowa to teach massage therapy. Exempts supervised massage therapy students completing clinical graduation requirements and most out-of-state emergency personnel. Exempts other professional who use touch as part of practice and lists various approved methods of touch. The Floor Manager is Rep. Hutter HF 2204 MANDATED HEALTH COVERAGE (Eichhorn) Establishes a moratorium on new state mandated health and medical expense benefits coverage for third party or HMO coverage. (Commerce) HF 2206 ABORTION PARENTAL CONSENT (Lukan) Requires a minor who is seeking an abortion to have parental consent, rather than just requiring notification of a parent. Allows a minor to petition the court to waive the consent requirements in emergency cases, or if the minor states that she was a victim of child or sexual abuse, or if the minor has the written consent of the parent Makes presenting a false original or copy of the consent document or copy of the order waiving the consent a fourth degree fraudulent practice. Grants immunity from liability to persons who act in good faith to comply with these provisions. (Human Resources) HF 2216 PRESCRIPTION DRUG ASSISTANCE (Heaton, et al.) Directs the Insurance Commissioner to create and maintain Prescription Drug Assistance Program to assist persons in accessing free or discounted drug assistance programs by pharmaceutical manufacturers. Sets requirements for the commissioner and makes a conditional appropriation of $190,000 from the Senior Living Trust Fund. Contains related provisions. (Human Resources) HF 2247 SAFE PATIENT CARE--WHISTLEBLOWER PROTECTION (Mascher) Prohibits retaliation against health care workers who give information to a state or federal board or agencies by the employer if disclosure is not otherwise prohibited by law. Makes such disclosed information a state-mandated health data. (Human Resources) House Study Bills HSB 618 DPH PROGRAMS (Human Resources) Transfers administration of the annual grant program relating to private water supply wells from the DNR to DPH. Requires the DPH to maintain a list of lead abaters and lead inspector training programs. Has other lead abatement provisions. Allows DPH to impose a fee for transporting radioactive material to cover emergency response programs. Defines "electronic signature" for prescriptions drug orders. Prohibits Boards of Medical Examiners and Dental Examiners from canceling temporary certificate to practice or a temporary permit without due process. HSB 619 NURSING HOME MEDICATION (Human Resources) Prohibits a person authorized to administer medications in a nursing facility from administering medications for a consecutive period in excess of 10 hours. NEW BILLS INTRODUCED House Study Bills HSB 620 INTERNET DRUGS (Human Resources) Prohibits distributing, selling, or offer to distribute or sell prescription drugs or devices via the internet unless the seller has an Iowa pharmacy license or nonresident license. Makes violation a class "D" felony and allows for injunction relief and civil penalties. HSB 626 PUBLIC HEALTH PROGRAMS (Human Resources) Creates a Gifts and Grants Fund to accept gifts and grants from any source to be used exclusive use as provided by the gift or grant. Prohibits such money from being diverted to the General Fund. Changes the funding match for the Childhood Lead Poisoning Prevention Grant Program to a dollar for dollar match. Directs the DPH creates programs and adopt rules related to construction standards for radon abatement systems. Prohibits an employer from taking adverse action against an employee subject to a quarantine order by the DPH or local board of health. Makes various changes or deletions related to physician assistants, hearing aid dispensers, provisional nursing home administrators. Allows the Board of Mortuary Science Examiners to impose civil penalties up to $1,000 for unlicensed practice. Senate Files SF 2093 HOPES EXPANSION (Kreiman, et al) States the intent of the Legislature to expand the HOPES (Health Opportunities for Parents to Experience Success) program state-wide, by redesigning existing local programs. (Human Resources) SF 2094 HEALTH COVERAGE FOR CHILDREN (Kreiman, et al) Requires the DHS, in cooperation with the DPH and the Insurance Division, to develop a health care plan to cover all children in Iowa by 2010. (Human Resources)
SF 2116 MENTAL HEALTH ADVOCATES (Houser) Makes the county supervisors responsible for the appointment of a mental health patient advocate. Requires that an advocate have at least a bachelor's degree and at least one year of experience but grandfathers in current advocates. Requires the advocate to provide the county single-point entry system with the information necessary for authorizing payment for those patients whose costs are paid by the county. Requires that the advocate represent a minor who is hospitalized over the minor's objections. Senate Study Bills SSB 3065 LONG TERM CARE (Human Resources) Creates a long-term care task force to report on strategies and related matters for implementing long-term care system. Requires a report to the Legislature by December 2004. Tinsman (C), Ragan, Veenstra SSB 3070 MERCURY/THIMEROSAL BAN (Human Resources) Bans vaccinations which use preservatives, such as thimerosal, which contain mercury or other heavy metals as of January 2005. Veenstra (C), Kreiman, McKinley © 2008 The American Nurses Association, Inc. All Rights Reserved
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