House File 556 AN ACT RELATING TO STATUTORY CORRECTIONS WHICH MAY ADJUST LANGUAGE TO REFLECT CURRENT PRACTICES, INSERT EARLIER OMISSIONS, DELETE REDUNDANCIES AND INACCURACIES, DELETE TEMPORARY LANGUAGE, RESOLVE INCONSISTENCIES AND CONFLICTS, UPDATE ONGOING PROVISIONS, OR REMOVE AMBIGUITIES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: DIVISION I MISCELLANEOUS CHANGES Section 1. Section 3.4, Code 2013, is amended to read as follows: 3.4 Bills —— approval —— passage over veto. 1. If the governor approves a bill, the governor shall sign and date it; if the governor returns it the bill with objections and it afterwards passes as provided in the Constitution, a certificate, signed by the presiding officer of each house in the following form, shall be endorsed thereon on or attached thereto to the bill : “This This bill (or this item of an appropriation bill, as the case may be), having been returned by the governor, with objections, to the house in which it originated, and, after reconsideration, having again passed both houses by yeas and

House File 556, p. 2 nays by a vote of two-thirds of the members of each house, has become a law this ... day of ........ ” . 2. An “appropriation bill” means a bill which has as its primary purpose the making of appropriations of money from the public treasury. Sec. 2. Section 8A.402, subsection 2, paragraph g, subparagraph (1), subparagraph division (c), Code 2013, is amended to read as follows: (c) In this paragraph “g” , executive branch agencies, except the department of public safety, shall not grant a supervisory employee with the right to replace or bump a junior employee not being laid off for a position for which the supervisory employee is qualified. Sec. 3. Section 9I.12, Code 2013, is amended to read as follows: 9I.12 Penalty —— failure to timely file. A civil penalty of not more than two thousand dollars shall be imposed, for each offense, upon a nonresident alien, foreign business or foreign government, or an agent, trustee or other fiduciary thereof, who fails to timely file the registration as required by section 9I.7 , or who fails to timely file a report required by section 9I.8 shall, for each offense, be punished by a fine of not more than two thousand dollars . Sec. 4. Section 10B.4, subsection 2, paragraph g, Code 2013, is amended to read as follows: g. If the reporting entity is a life science enterprise, as provided in chapter 10C , Code 2011, as that chapter exists on or before June 30, 2005, the total amount of commercial sale of life science products and products other than life science products which are produced from the agricultural land held by the life science enterprise. Sec. 5. Section 11.41, subsection 1, Code 2013, is amended to read as follows: 1. The auditor of state, when conducting any audit or review examination required or permitted by this chapter , shall at all times have access to all information, records, instrumentalities, and properties used in the performance of the audited or reviewed examined entities’ statutory duties or contractual responsibilities. All audited or reviewed examined entities shall cooperate with the auditor of state in the performance of the audit or review examination and make available the information, records, instrumentalities, and properties upon the request of the auditor of state.

House File 556, p. 3 Sec. 6. Section 15.330, subsection 9, Code 2013, is amended to read as follows: 9. A report submitted to the authority by a business together with its application describing all violations of environmental law or worker safety law within the last five years. If, upon review of the application, the authority finds that a the business has a record of violations of the law, statutes, rules, or regulations that tends to show a consistent pattern, the authority shall not provide incentives or assistance to the business unless the authority finds either that the violations did not seriously affect public health, public safety, or the environment, or, if such violations did seriously affect public health, public safety, or the environment, that mitigating circumstances were present. Sec. 7. NEW SECTION . 15.410 Definitions. As used in this part, unless the context otherwise requires: 1. “Innovative business” means the same as defined in section 15E.52. 2. “Internship” means temporary employment of a student that focuses on providing the student with work experience in the student’s field of study. Sec. 8. Section 15.411, subsection 1, Code 2013, is amended by striking the subsection. Sec. 9. Section 15E.232, subsection 1, paragraph a, Code 2013, is amended to read as follows: a. The ability to provide matching moneys on a basis of a one dollar contribution of local matching moneys for every two dollars received from the economic development a fund established pursuant to section 15.335B . Sec. 10. Section 15E.232, subsections 3 and 4, Code 2013, are amended to read as follows: 3. An economic development region may apply for financial assistance from a fund established pursuant to section 15.335B to assist an existing business threatened with closure due to a potential consolidation to an out-of-state location. The economic development region may apply for financial assistance from the economic development a fund established pursuant to section 15.335B for the purchase, rehabilitation, or marketing of a building that has become available due to the closing of an existing business due to a consolidation to an out-of-state location. In order to receive financial assistance under this subsection , an economic development region must demonstrate the ability to provide local matching moneys on a basis of a one

House File 556, p. 4 dollar contribution of local moneys for every three dollars received from the economic development a fund established pursuant to section 15.335B . 4. An economic development region may apply for financial assistance from a fund established pursuant to section 15.335B to establish and operate an entrepreneurial initiative. In order to receive financial assistance under this subsection , an economic development region must demonstrate the ability to provide local matching moneys on a basis of a one dollar contribution of local moneys for every two dollars received from the economic development a fund established pursuant to section 15.335B . Sec. 11. Section 15E.232, subsection 5, paragraph b, Code 2013, is amended to read as follows: b. In order to receive financial assistance under this subsection , an economic development region must demonstrate the ability to provide local matching moneys on a basis of a one dollar contribution of local moneys for every two dollars received from the economic development a fund established pursuant to section 15.335B . Sec. 12. Section 15E.233, subsection 2, paragraph a, unnumbered paragraph 1, Code 2013, is amended to read as follows: An approved economic enterprise area may apply to the authority for financial assistance from the economic development a fund established pursuant to 15.335B for up to seventy-five thousand dollars each fiscal year during the fiscal period beginning July 1, 2005, and ending June 30, 2015, for any of the following purposes: Sec. 13. Section 15E.233, subsection 2, paragraph b, Code 2013, is amended to read as follows: b. In order to receive financial assistance under this subsection , an economic enterprise area must demonstrate the ability to provide local matching moneys on a basis of a one dollar contribution of local moneys for every three dollars received from the economic development a fund established pursuant to section 15.335B . Sec. 14. Section 16.195, Code 2013, is amended to read as follows: 16.195 Iowa jobs and Iowa jobs II program application review. 1. Applications for assistance under the Iowa jobs program and Iowa jobs II program shall be submitted to the Iowa finance authority. The authority shall provide a staff review and

House File 556, p. 5 evaluation of applications to the Iowa jobs program review committee referred to in subsection 2 and to the Iowa jobs board. 2. A review committee composed of members of the board as determined by the board shall review Iowa jobs and Iowa jobs II program applications submitted to the board and make recommendations regarding the applications to the board. When reviewing the applications, the review committee and the authority shall consider the project criteria specified in sections 16.194 and 16.194A . The board shall develop the appropriate level of transparency regarding project fund allocations. 3. Upon approval of an application for financial assistance under the program programs , the board shall notify the treasurer of state regarding the amount of moneys needed to satisfy the award of financial assistance and the terms of the award. The treasurer of state shall notify the Iowa finance authority any time moneys are disbursed to a recipient of financial assistance under the program programs . Sec. 15. Section 17A.7, subsection 2, Code 2013, is amended to read as follows: 2. Beginning July 1, 2012, over each five-year period of time, an agency shall conduct an ongoing and comprehensive review of all of the agency’s rules. The goal of the review is the identification and elimination of all rules of the agency that are outdated, redundant, or inconsistent or incompatible with statute or its own rules or those of other agencies. An agency shall commence its review by developing a plan of review in consultation with major stakeholders and constituent groups. When the agency completes its the five-year review of its the agency’s own rules, the agency shall provide a summary of the results to the administrative rules coordinator and the administrative rules review committee. Sec. 16. Section 26.3, subsection 1, Code 2013, is amended to read as follows: 1. If the estimated total cost of a public improvement exceeds the competitive bid threshold of one hundred thousand dollars, or the adjusted competitive bid threshold established in section 314.1B , the governmental entity shall advertise for sealed bids for the proposed public improvement by publishing a notice to bidders. The notice to bidders shall be published at least once, not less than four and not more than forty-five days before the date for filing bids, in a

House File 556, p. 6 newspaper published at least once weekly and having general circulation in the geographic area served by the governmental entity. Additionally, the governmental entity may publish a notice in a relevant contractor organization publication and a relevant contractor plan room service with statewide circulation, provided that a notice is posted on a website an internet site sponsored by either a governmental entity or a statewide association that represents the governmental entity. Sec. 17. Section 28D.4, subsection 4, Code 2013, is amended to read as follows: 4. Any employee who participates in an exchange under the terms of this section who suffers disability or death as a result of personal injury arising out of and in the course of an exchange, or sustained in performance of duties in connection therewith, shall be treated, for the purposes of the sending agency’s employee compensation program, as an employee, as defined in such Act compensation program , who has sustained such injury in the performance of such duty, but shall not receive benefits under that Act compensation program for any period for which the employee is entitled to and elects to receive similar benefits under the receiving agency’s employee compensation program. Sec. 18. Section 28D.6, subsection 4, Code 2013, is amended to read as follows: 4. Any employee of a sending agency assigned in this state who suffers disability or death as a result of personal injury arising out of and in the course of such assignment, or sustained in the performance of duties in connection therewith, shall be treated for the purpose of receiving agency’s employee compensation program, as an employee, as defined in such Act compensation program , who has sustained such injury in the performance of such duty, but shall not receive benefits under that Act compensation program for any period for which the employee elects to receive similar benefits as an employee under the sending agency’s employee compensation program. Sec. 19. Section 28J.18, Code 2013, is amended to read as follows: 28J.18 Revenue bonds are lawful investments. Port authority revenue bonds issued pursuant to this chapter are lawful investments of banks, credit unions, trust companies, savings associations, deposit guaranty associations, insurance companies, trustees, fiduciaries, trustees or other officers having charge of the bond retirement funds or sinking

House File 556, p. 7 funds of port authorities and governmental agencies, and taxing districts of this state, the pension and annuity retirement system, the Iowa public employees’ retirement system, the police and fire retirement systems under chapters 410 and 411 , or a revolving fund of a governmental agency of this state, and are acceptable as security for the deposit of public funds under chapter 12C . Sec. 20. Section 29A.42, unnumbered paragraph 2, Code 2013, is amended to read as follows: Any person who shall molest, or interfere with any member of the national guard, in the discharge of the member’s duty shall be guilty of interference with official acts which is section 719.1 , subsection 1 . The commanding officer of such force may order the arrest of such person and cause the person to be delivered to a peace officer or magistrate. Sec. 21. Section 35A.20, subsection 1, paragraph a, Code 2013, is amended to read as follows: a. The department may expend not more than six hundred dollars per year for any one child who has lived in the state of Iowa for two years preceding application for state educational assistance, and who is the child of a person who died prior to September 11, 2001, during active federal military service active duty while serving in the armed forces or during active federal military service active duty in the Iowa national guard or other military component of the United States, to defray the expenses of tuition, matriculation, laboratory and similar fees, books and supplies, board, lodging, and any other reasonably necessary expense for the child or children incident to attendance in this state at an educational or training institution of college grade, or in a business or vocational training school with standards approved by the department. Sec. 22. Section 35A.20, subsection 2, paragraph a, Code 2013, is amended to read as follows: a. Upon application by a child who is less than thirty-one years of age, and who is the child of a person who died on or after September 11, 2001, during active federal military service active duty while serving in the armed forces or during active federal military service active duty in the Iowa national guard or other military component of the United States, and who at the time of entering into federal active military service duty had maintained the person’s residence in the state for a period of at least six months immediately before entering into federal active military service duty ,

House File 556, p. 8 the department shall provide state educational assistance in an amount of no more than the highest resident undergraduate tuition rate established per year for an institution of higher learning under the control of the state board of regents less the amount of any state and federal education benefits, grants, or scholarships received by the child, or the amount of the child’s established financial need, whichever is less, to defray the expenses of tuition at any postsecondary educational institution in this state. Sec. 23. Section 96.19, subsection 18, paragraph g, subparagraph (1), Code 2013, is amended to read as follows: (1) Service performed in the employ of any other state or its political subdivisions, or of the United States government, or of an instrumentality of any other state or states or their political subdivisions or of the United States; provided, however, that the general language just used shall not include any such instrumentality of the United States after Congress has, by appropriate legal action, expressly permitted the several states to require such instrumentalities to make payments into an employment fund under a state unemployment compensation law; and all such instrumentalities so released from the constitutional immunity to make the contributions, imposed by this chapter shall, thereafter, become subject to all the provisions of said chapter, and such provisions shall then be applicable to such instrumentalities and to all services performed for such instrumentalities in the same manner, to the same extent and on the same terms as are applicable to all other employers, employing units, individuals , and services. Should the social security board administration , acting under section 1603 of the federal Internal Revenue Code, fail to certify the state of Iowa for any particular calendar year, then the payments required of such instrumentalities with respect to such year shall be refunded by the department from the fund in the same manner and within the same period as is provided for in section 96.14, subsection 5 , which section provides for the refunding of contributions erroneously collected. Sec. 24. Section 124.201, subsection 4, Code 2013, is amended to read as follows: 4. If any new substance is designated as a controlled substance under federal law and notice of the designation is given to the board, the board shall similarly designate as controlled the new substance under this chapter after the

House File 556, p. 9 expiration of thirty days from publication in the Federal Register of a final order designating a new substance as a controlled substance, unless within that thirty-day period the board objects to the new designation. In that case the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing the board shall announce its decision. Upon publication of objection to a new substance being designated as a controlled substance under this chapter by the board, control under this chapter is stayed until the board publishes its decision. If a substance is designated as controlled by the board under this subsection the control shall be temporary and if , within sixty days after the next regular session of the general assembly convenes it , the general assembly has not made the corresponding changes in this chapter , the temporary designation of control of the substance by the board shall be nullified. Sec. 25. Section 125.86, subsection 3, paragraph b, Code 2013, is amended to read as follows: b. An advanced registered nurse practitioner who is not certified as a psychiatric advanced registered nurse practitioner but who meets the qualifications set forth in the definition of a mental health professional in section 228.1 on July 1, 2008 , may complete periodic reports pursuant to paragraph “a” . Sec. 26. Section 135C.1, subsection 9, Code 2013, is amended to read as follows: 9. “Intermediate care facility for persons with an intellectual disability” means an institution or distinct part of an institution with a primary purpose to provide health or rehabilitative services to three or more individuals, who primarily have an intellectual disability or a related condition and who are not related to the administrator or owner within the third degree of consanguinity, and which meets the requirements of this chapter and federal standards for intermediate care facilities for persons with an intellectual disability established pursuant to the federal Social Security Act, § 1905(c)(d), as codified in 42 U.S.C. § 1936d 1396d , which are contained in 42 C.F.R. pt. 483, subpt. D, § 410 – 480. Sec. 27. Section 135C.6, subsection 8, paragraph c, unnumbered paragraph 1, Code 2013, is amended to read as follows: A residential program approved by the department of human

House File 556, p. 10 services pursuant to this paragraph “c” to receive moneys appropriated to the department of human services under provisions of a federally approved home and community-based services waiver for persons with an intellectual disabilities disability may provide care to not more than five individuals. The department shall approve a residential program under this paragraph that complies with all of the following conditions: Sec. 28. Section 142.3, Code 2013, is amended to read as follows: 142.3 Notification of department. Every county medical examiner, funeral director or embalmer, and the managing officer of every public asylum, hospital, county care facility, penitentiary, or reformatory, as soon as any dead body shall come into the person’s custody which may be used for scientific purposes as provided in sections 142.1 and 142.2 , shall at once notify the nearest relative or friend of the deceased, if known, and the Iowa department of public health by telegram , and hold such body unburied for forty-eight hours. Upon receipt of such telegram notification, the department shall telegraph issue verbal or written instructions relative to the disposition to be made of said body. Complete jurisdiction over said bodies is vested exclusively in the Iowa department of public health. No autopsy or post mortem, except as are legally ordered by county medical examiners, shall be performed on any of said bodies prior to their delivery to the medical schools. Sec. 29. Section 144.29A, subsections 7, 8, and 9, Code 2013, are amended to read as follows: 7. For the purposes of this section , “health care provider” : a. “Health care provider” means an individual licensed under chapter 148 , 148C , 148D , or 152 , or any individual who provides medical services under the authorization of the licensee. 8. b. For the purposes of this section , “inducing a termination of pregnancy” “Inducing a termination of pregnancy” means the use of any means to terminate the pregnancy of a woman known to be pregnant with the intent other than to produce a live birth or to remove a dead fetus. 9. c. For the purposes of this section , “spontaneous termination of pregnancy” “Spontaneous termination of pregnancy” means the occurrence of an unintended termination of pregnancy at any time during the period from conception to twenty weeks gestation and which is not a spontaneous termination of pregnancy at any time during the period from twenty weeks or

House File 556, p. 11 greater which is reported to the department as a fetal death under this chapter . Sec. 30. Section 152B.1, subsection 8, paragraph b, Code 2013, is amended to read as follows: b. Is capable of serving as a resource to the physician or surgeon in relation to the technical aspects of cardiorespiratory care and to safe and effective methods for administering respiratory care modalities. Sec. 31. Section 152B.2, subsection 1, paragraph b, Code 2013, is amended to read as follows: b. “Respiratory care as a practice” does not include the delivery, assembly, setup, testing, or demonstration of respiratory care equipment in the home upon the order of a licensed physician or surgeon or a qualified health care professional prescriber. As used in this paragraph, “demonstration” does not include the actual teaching, administration, or performance of the respiratory care procedures. Sec. 32. Section 161A.61, subsection 2, unnumbered paragraph 1, Code 2013, is amended to read as follows: The commissioners of the soil and water conservation district in which that a farm unit is located may petition the district court for an appropriate order with respect to that farm unit if its owner or occupant has been sent a notice by the commissioners under subsection 1 , paragraph “b” , for three or more consecutive years. The commissioners’ petition shall seek a court order which states a time not more than six months after the date of the order when the owner or occupant must commence, and a time when the owner or occupant must complete the steps necessary to comply with the order. The time allowed to complete the establishment of a temporary soil and water conservation practice employed to comply or advance toward compliance with the court’s order shall be not more than one year after the date of that order, and the time allowed to complete the establishment of a permanent soil and water conservation practice employed to comply with the court’s order shall be not more than five years after the date of that order. Section 161A.48 applies to a court order issued under this subsection . The steps required of the farm unit owner or operator by the court order are those which are necessary to do one of the following: Sec. 33. Section 203.10, subsection 1, paragraph c, Code 2013, is amended to read as follows:

House File 556, p. 12 c. The expiration of the license according to the terms of the license as provided in this chapter , including a rule adopted in accordance with this chapter , pursuant to chapter 17A . Sec. 34. Section 203C.10, subsection 1, paragraph c, Code 2013, is amended to read as follows: c. The expiration of the license according to the terms of the license as provided in this chapter , including a rule adopted in accordance with this chapter , pursuant to chapter 17A . Sec. 35. Section 203C.16, subsection 3, Code 2013, is amended to read as follows: 3. a. The storage of bulk grain by more than one person, if all of the following apply: a. (1) The bulk grain was jointly produced by all persons storing the grain. As used in this subsection , “jointly produced” includes but is not limited to grain owned by a landlord who receives a share of agricultural products as rent. b. (2) The bulk grain is stored on the property owned or leased by one of the persons jointly producing the grain. c. (3) No person other than persons jointly producing the grain owns the stored bulk grain. b. As used in this subsection, “jointly produced” includes but is not limited to grain owned by a landlord who receives a share of agricultural products as rent. Sec. 36. Section 207.2, subsection 10, Code 2013, is amended to read as follows: 10. “Prime farmland” means the same as prescribed by the United States department of agriculture pursuant to 7 C.F.R. § 567.5(a) 657.5(a) . Sec. 37. Section 208A.1, Code 2013, is amended to read as follows: 208A.1 Definitions. As used in this chapter , unless the context or subject matter otherwise requires: (1) 1. “Antifreeze” shall include all substances and preparations intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid or to lower its freezing point ; and (2) “person” . 2. “Person” shall include individuals, partnerships, corporations, companies, and associations. Sec. 38. Section 208A.2, Code 2013, is amended to read as

House File 556, p. 13 follows: 208A.2 What deemed adulterated. An antifreeze shall be deemed to be adulterated if either of the following apply : (1) If it 1. It consists in whole or in part of any substance which will render it injurious to the cooling system of an internal combustion engine or will make the operation of the engine dangerous to the user ; or (2) if its . 2. Its strength, quality, or purity falls below the standard of strength, quality, or purity under which it is sold. Sec. 39. Section 208A.3, Code 2013, is amended to read as follows: 208A.3 What deemed misbranded. An antifreeze shall be deemed to be misbranded if either of the following apply : (1) If its 1. Its labeling is false or misleading in any particular ; or (2) if in . 2. In package form it does not bear a label containing the name and place of business of the manufacturer, packer, seller , or distributor and an accurate statement of the quantity of the contents in terms of weight or measure on the outside of the package. Sec. 40. Section 214A.1, subsection 17, Code 2013, is amended by striking the subsection. Sec. 41. Section 215.7, subsection 2, Code 2013, is amended to read as follows: 2. The person makes a settlement for or enters a credit, based upon any false weight or measurement, for any commodity purchased. Sec. 42. Section 217.17, Code 2013, is amended to read as follows: 217.17 Administrator of division of planning. The administrator of the division of planning, research, and statistics shall be qualified in the general field of governmental planning with special training and experience in the areas of preparation and development of plans for future efficient reorganization and administration of government social functions. The administrator of the division of planning, research, and statistics shall cooperate with the administrators of the other divisions of the department of human services , assisting them and the director of the department in their planning, research, and statistical problems. The administrator of the division of planning,

House File 556, p. 14 research, and statistics shall assist the administrators, director, and the council on human services by proposing administrative and organizational changes at both the state and local level to provide more efficient and integrated social services to the citizens of this state. The planning, research, and statistical operations now forming an integral part of the present state functions assigned to the administrators of this department along with their future needs in this regard are all assigned to and shall be administered by the administrator of this the division. Sec. 43. Section 217.30, subsection 2, Code 2013, is amended to read as follows: 2. Information described in subsection 1 shall not be disclosed to or used by any person or agency except for purposes of administration of the programs of services or assistance, and shall not in any case, except as otherwise provided in subsection 4 , paragraph “b” , be disclosed to or used by persons or agencies outside the department unless they are subject to standards of confidentiality comparable to those imposed on the department by this division section . Sec. 44. Section 217.31, unnumbered paragraph 2, Code 2013, is amended to read as follows: Any reasonable grounds that a public employee has violated any provision of this division section 217.30 shall be grounds for immediate removal from access of any kind to confidential records or suspension from duty without pay. Sec. 45. Section 222.13, subsection 1, Code 2011, as amended by 2012 Iowa Acts, chapter 1120, section 70, is amended to read as follows: 1. If an adult person is believed to be a person with mental retardation, the adult person or the adult person’s guardian may submit a request in writing through the central point of coordination process for the county board of supervisors of the adult person’s county of residence in writing to apply to the superintendent of any state resource center for the voluntary admission of the adult person either as an inpatient or an outpatient of the resource center. The board of supervisors shall, on forms prescribed by the department’s administrator, apply to the superintendent of the resource center in the district for the admission of the adult person to the resource center. An application for admission to a special unit of any adult person believed to be in need of any of the services provided by the special unit under section 222.88 may be made

House File 556, p. 15 in the same manner, upon request of the adult person or the adult person’s guardian. The superintendent shall accept the application if a preadmission diagnostic evaluation, performed through the central point of coordination process, confirms or establishes the need for admission, except that an application shall not be accepted if the institution does not have adequate facilities available or if the acceptance will result in an overcrowded condition. Sec. 46. Section 222.27, Code 2013, is amended to read as follows: 222.27 Hearing in public. Hearings shall be public, unless otherwise requested by the parent, guardian, or other person having the custody of the person with an intellectual disability, or if the judge considers , a closed hearing in the best interests of the person with an intellectual disability. Sec. 47. Section 225.10, Code 2013, is amended to read as follows: 225.10 Voluntary public patients. Persons suffering from mental diseases may be admitted to the state psychiatric hospital as voluntary public patients as follows: Any if a physician authorized to practice medicine or osteopathic medicine in the state of Iowa may file files information with the board of supervisors of the person’s county of residence or the board’s designee, stating that all of the following: 1. That the physician has examined the person and finds that the person is suffering from some abnormal mental condition that can probably be remedied by observation, treatment, and hospital care ; that . 2. That the physician believes it would be appropriate for the person to enter the state psychiatric hospital for that purpose and that the person is willing to do so ; and that . 3. That neither the person nor those legally responsible for the person are able to provide the means for the observation, treatment, and hospital care. Sec. 48. Section 225C.4, subsection 1, paragraph o, Code 2013, is amended to read as follows: o. Recommend to the commission minimum accreditation standards for the maintenance and operation of community mental health centers, services, and programs under section 230A.16 230A.110 . The administrator’s review and evaluation of the centers, services, and programs for compliance with the adopted

House File 556, p. 16 standards shall be as provided in section 230A.17 230A.111 . Sec. 49. Section 225C.6, subsection 1, paragraph c, Code 2013, is amended to read as follows: c. Adopt standards for community mental health centers, services, and programs as recommended under section 230A.16 230A.110 . The administrator shall determine whether to grant, deny, or revoke the accreditation of the centers, services, and programs. Sec. 50. Section 225C.15, Code 2013, is amended to read as follows: 225C.15 County implementation of evaluations. The board of supervisors of a county shall, no later than July 1, 1982, require that the policy stated in section 225C.14 be followed with respect to admission of persons from that county to a state mental health institute. A community mental health center which is supported, directly or in affiliation with other counties, by that county may perform the preliminary diagnostic evaluations for that county, unless the performance of the evaluations is not covered by the agreement entered into by the county and the center under section 230A.12 , and the center’s director certifies to the board of supervisors that the center does not have the capacity to perform the evaluations, in which case the board of supervisors shall proceed under section 225C.17 . Sec. 51. Section 228.6, subsection 1, Code 2013, is amended to read as follows: 1. A mental health professional or an employee of or agent for a mental health facility may disclose mental health information if and to the extent necessary, to meet the requirements of section 229.24 , 229.25 , 230.20 , 230.21 , 230.25 , 230.26 , 230A.13 , 230A.108, 232.74 , or 232.147 , or to meet the compulsory reporting or disclosure requirements of other state or federal law relating to the protection of human health and safety. Sec. 52. Section 229.13, subsection 5, Code 2013, is amended to read as follows: 5. The chief medical officer of the hospital or facility at which the respondent is placed shall report to the court no more than fifteen days after the respondent is placed, making a recommendation for disposition of the matter. An extension of time may be granted, not to exceed seven days upon a showing of cause. A copy of the report shall be sent to the respondent’s attorney, who may contest the need for an extension of time

House File 556, p. 17 if one is requested. An extension of time shall be granted upon request unless the request is contested, in which case the court shall make such inquiry as it deems appropriate and may either order the respondent’s release from the hospital or facility or grant an extension of time for psychiatric evaluation. If the chief medical officer fails to report to the court within fifteen days after the individual is placed under the care of the hospital or facility, and an extension of time has not been requested, the chief medical officer is guilty of contempt and shall be punished under chapter 665 . The court shall order a rehearing on the application to determine whether the respondent should continue to be detained at or placed under the care of the hospital or facility. Sec. 53. Section 229.15, subsection 3, paragraph b, Code 2013, is amended to read as follows: b. An advanced registered nurse practitioner who is not certified as a psychiatric advanced registered nurse practitioner but who meets the qualifications set forth in the definition of a mental health professional in section 228.1 on July 1, 2008 , may complete periodic reports pursuant to paragraph “a” . Sec. 54. Section 229.22, subsection 2, paragraph b, Code 2013, is amended to read as follows: b. If the magistrate orders that the person be detained, the magistrate shall, by the close of business on the next working day, file a written order with the clerk in the county where it is anticipated that an application may be filed under section 229.6 . The order may be filed by facsimile if necessary. A peace officer from the law enforcement agency that took the person into custody, if no request was made under paragraph “a” , may inform the magistrate that an arrest warrant has been issued for or charges are pending against the person and request that any written order issued under this paragraph require the facility or hospital to notify the law enforcement agency about the discharge of the person prior to discharge. The order shall state the circumstances under which the person was taken into custody or otherwise brought to a facility or hospital, and the grounds supporting the finding of probable cause to believe that the person is seriously mentally impaired and likely to injure the person’s self or others if not immediately detained. The order shall also include any law enforcement agency notification requirements if applicable. The order shall confirm the oral order authorizing

House File 556, p. 18 the person’s detention including any order given to transport the person to an appropriate facility or hospital . A peace officer from the law enforcement agency that took the person into custody may also request an order, separate from the written order, requiring the facility or hospital to notify the law enforcement agency about the discharge of the person prior to discharge. The clerk shall provide a copy of the written order or any separate order to the chief medical officer of the facility or hospital to which the person was originally taken, to any subsequent facility to which the person was transported, and to any law enforcement department or ambulance service that transported the person pursuant to the magistrate’s order. Sec. 55. Section 230.33, unnumbered paragraph 2, Code 2013, is amended to read as follows: Provided that However, in the case of a proposed transfer of a person with mental illness or an intellectual disability from this state , that no final action shall not be taken without the approval either of the commission of hospitalization, or of the district court, of the county of admission or commitment. Sec. 56. Section 230A.105, subsection 1, paragraph e, Code 2013, is amended to read as follows: e. Individuals described in paragraph “a” , “b” , “c” , or “d” who have a co-occurring disorder, including but not limited to substance abuse, mental retardation intellectual disability , a developmental disability, brain injury, autism spectrum disorder, or another disability or special health care need. Sec. 57. Section 230A.110, subsection 3, paragraph c, Code 2013, is amended to read as follows: c. Arrange for the financial condition and transactions of the community mental health center to be audited once each year by the auditor of state. However, in lieu of an audit by state accountants the auditor of state , the local governing body of a community mental health center organized under this chapter may contract with or employ certified public accountants to conduct the audit, pursuant to the applicable terms and conditions prescribed by sections 11.6 and 11.19 and audit format prescribed by the auditor of state. Copies of each audit shall be furnished by the auditor or accountant to the administrator of the division of mental health and disability services. Sec. 58. Section 231.56, Code 2013, is amended to read as follows: 231.56 Services and programs. The department shall administer services and programs

House File 556, p. 19 that allow older individuals to secure and maintain maximum independence and dignity in a home environment that provides for self-care with appropriate supportive services, assist in removing individual and social barriers to economic and personal independence for older individuals, provide a continuum of care for older individuals and individuals with disabilities, and secure the opportunity for older individuals to receive managed in-home and community-based long-term care services. Funds appropriated for this purpose shall be instituted allocated based on administrative rules adopted by the commission. The department shall require such records as needed to administer this section . Sec. 59. Section 232.73A, subsection 1, paragraph b, Code 2013, is amended to read as follows: b. For purposes of this section , “retaliatory action” includes but is not limited to an employer’s action to discharge an employee or to take or fail to take action regarding an employee’s appointment or proposed appointment to a position in employment , to take or fail to take action regarding an employee’s promotion or proposed promotion to a position in employment , or to fail to provide an advantage in a position in employment. Sec. 60. Section 234.6, subsection 1, Code 2013, is amended to read as follows: 1. Cooperate with the federal social security board administration created by Tit. VII of by the Social Security Act [42 and codified at 42 U.S.C. § 901] 901 , enacted by the 74th Congress of the United States and approved August 14, 1935, or other agency of the federal government for public welfare assistance, in such reasonable manner as may be necessary to qualify for federal aid, including the making of such reports in such form and containing such information as the federal social security board administration , from time to time, may require, and to comply with such regulations as such federal social security board administration , from time to time, may find necessary to assure the correctness and verification of such reports. Sec. 61. Section 235E.6, Code 2013, is amended to read as follows: 235E.6 Dependent adult abuse finding —— notification to employer and employee. Upon a finding of founded determination that an allegation of perpetration of dependent adult abuse by a caretaker is