Senate
Study
Bill
1039
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
HEALTH
BILL)
A
BILL
FOR
An
Act
relating
to
public
health
including
public
health
1
modernization
and
boards
of
health.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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DIVISION
I
1
IOWA
PUBLIC
HEALTH
MODERNIZATION
ACT
2
Section
1.
Section
135A.2,
Code
2015,
is
amended
to
read
as
3
follows:
4
135A.2
Definitions.
5
As
used
in
this
chapter
,
unless
the
context
otherwise
6
requires,
the
following
definitions
apply:
7
1.
“Academic
institution”
means
an
institution
of
higher
8
education
in
the
state
which
grants
undergraduate
and
9
postgraduate
degrees
in
public
health
or
another
health-related
10
field
and
is
accredited
by
a
nationally
recognized
accrediting
11
agency
as
determined
by
the
United
States
secretary
of
12
education.
For
purposes
of
this
definition,
“accredited”
means
13
a
certification
of
the
quality
of
an
institution
of
higher
14
education.
15
2.
“Accrediting
entity”
means
a
legal,
independent,
16
nonprofit
or
governmental
entity
or
entities
approved
by
the
17
state
board
of
health
for
the
purpose
of
accrediting
designated
18
local
public
health
agencies
and
the
department
pursuant
to
the
19
voluntary
accreditation
program
developed
under
this
chapter
.
20
3.
“Administration”
means
the
operational
procedures,
21
personnel
and
fiscal
management
systems,
and
facility
22
requirements
that
must
be
in
place
for
the
delivery
and
23
assurance
of
public
health
services.
24
4.
“Committee”
means
the
governmental
public
health
25
evaluation
committee
as
established
in
this
chapter
.
26
5.
“Communication
and
information
technology”
means
the
27
processes,
procedures,
and
equipment
needed
to
provide
public
28
information
and
transmit
and
receive
information
among
public
29
health
entities
and
community
partners;
and
applies
to
the
30
procedures,
physical
hardware,
and
software
required
to
31
transmit,
receive,
and
process
electronic
information.
32
6.
2.
“Council”
means
the
governmental
public
health
33
advisory
council
as
established
in
this
chapter
.
34
7.
3.
“Department”
means
the
department
of
public
health.
35
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8.
4.
“Designated
local
public
health
agency”
means
an
1
entity
that
is
either
governed
by
or
contractually
responsible
2
to
a
local
board
of
health
and
designated
by
the
local
3
board
to
comply
with
the
Iowa
public
health
standards
for
a
4
jurisdiction
.
5
9.
“Governance”
means
the
functions
and
responsibilities
6
of
the
local
boards
of
health
and
the
state
board
of
health
to
7
oversee
governmental
public
health
matters.
8
10.
5.
“Governmental
public
health
system”
means
the
system
9
described
in
section
135A.6
local
boards
of
health,
the
state
10
board
of
health,
designated
local
public
health
agencies,
the
11
state
hygienic
laboratory,
and
the
department
.
12
11.
“Iowa
public
health
standards”
means
the
governmental
13
public
health
standards
adopted
by
rule
by
the
state
board
of
14
health.
15
12.
6.
“Local
board
of
health”
means
a
county
or
district
16
board
of
health.
17
13.
7.
“Organizational
capacity”
means
the
governmental
18
public
health
infrastructure
that
must
be
in
place
in
order
to
19
deliver
public
health
services.
20
14.
“Public
health
region”
means,
at
a
minimum,
one
of
six
21
geographical
areas
approved
by
the
state
board
of
health
for
22
the
purposes
of
coordination,
resource
sharing,
and
planning
23
and
to
improve
delivery
of
public
health
services.
24
15.
8.
“Public
health
services”
means
the
basic
public
25
health
services
that
all
Iowans
should
reasonably
expect
to
be
26
provided
by
designated
local
public
health
agencies
and
the
27
department.
28
16.
“Voluntary
accreditation”
means
verification
of
a
29
designated
local
public
health
agency
or
the
department
that
30
demonstrates
compliance
with
the
Iowa
public
health
standards
31
by
an
accrediting
entity.
32
17.
“Workforce”
means
the
necessary
qualified
and
competent
33
staff
required
to
deliver
public
health
services.
34
9.
“Public
health
system”
means
all
public,
private,
and
35
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voluntary
entities
that
contribute
to
the
delivery
of
essential
1
public
health
services
within
a
jurisdiction.
2
Sec.
2.
Section
135A.3,
Code
2015,
is
amended
to
read
as
3
follows:
4
135A.3
Governmental
public
health
system
modernization
——
5
lead
agency.
6
1.
The
department
is
designated
as
the
lead
agency
in
this
7
state
to
administer
this
chapter
.
8
2.
The
department,
in
collaboration
with
the
governmental
9
public
health
advisory
council
and
the
governmental
public
10
health
evaluation
committee,
shall
coordinate
implementation
11
of
this
chapter
including
but
not
limited
to
the
voluntary
12
accreditation
of
designated
local
public
health
agencies
and
13
the
department
in
accordance
with
the
Iowa
public
health
14
standards.
Such
implementation
administration
shall
include
15
evaluation
of
and
quality
improvement
measures
for
the
16
governmental
public
health
system.
17
Sec.
3.
Section
135A.4,
Code
2015,
is
amended
to
read
as
18
follows:
19
135A.4
Governmental
public
health
advisory
council.
20
1.
A
governmental
public
health
advisory
council
is
21
established
to
advise
the
department
and
make
policy
22
recommendations
to
the
director
of
the
department
concerning
23
administration,
implementation,
and
coordination
of
this
24
chapter
and
to
make
recommendations
to
the
department
and
25
the
state
board
of
health
regarding
the
governmental
public
26
health
system.
The
council
shall
meet
at
least
quarterly.
The
27
council
shall
consist
of
no
fewer
than
fifteen
members
and
28
no
more
than
twenty-three
twenty-eight
members.
The
members
29
shall
be
appointed
by
the
director.
The
director
may
solicit
30
and
consider
recommendations
from
professional
organizations,
31
associations,
and
academic
institutions
in
making
appointments
32
to
the
council.
33
2.
Council
members
shall
not
be
members
of
the
governmental
34
public
health
evaluation
committee.
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3.
2.
Council
members
shall
serve
for
a
term
of
two
years
1
and
may
be
reappointed
for
a
maximum
of
three
consecutive
2
terms
.
Initial
appointment
shall
be
in
staggered
terms.
3
Vacancies
shall
be
filled
for
the
remainder
of
the
original
4
appointment.
5
4.
3.
The
membership
of
the
council
shall
satisfy
all
of
6
the
following
requirements:
7
a.
One
member
who
has
expertise
in
injury
prevention.
8
b.
One
member
who
has
expertise
in
environmental
health.
9
c.
One
member
who
has
expertise
in
emergency
preparedness.
10
d.
One
member
who
has
expertise
in
health
promotion
and
11
chronic
disease
prevention.
12
e.
One
member
who
has
epidemiological
expertise
in
13
communicable
and
infectious
disease
prevention
and
control.
14
f.
a.
One
member
Twelve
members
representing
each
of
15
Iowa’s
six
public
health
regions
who
is
various
subfields
16
of
public
health.
These
members
shall
provide
geographical
17
representation
from
all
areas
of
the
state.
Each
of
these
18
members
shall
be
an
employee
of
a
designated
local
public
19
health
agency
or
member
of
a
local
board
of
health.
Such
20
members
shall
include
a
minimum
of
one
local
public
health
21
administrator
and
one
physician
member
of
a
local
board
of
22
health.
23
g.
b.
Two
members
who
are
representatives
of
the
24
department.
25
h.
c.
The
director
of
the
state
hygienic
laboratory
at
the
26
university
of
Iowa,
or
the
director’s
designee.
27
i.
d.
At
least
one
representative
two
representatives
28
from
academic
institutions
which
grant
undergraduate
and
29
postgraduate
degrees
in
public
health
or
other
related
health
30
field
and
are
accredited
by
a
nationally
recognized
accrediting
31
agency
as
determined
by
the
United
States
secretary
of
32
education.
For
purposes
of
this
paragraph,
“accredited”
means
33
a
certification
of
the
quality
of
an
institution
of
higher
34
education
.
35
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j.
e.
Two
members
who
serve
on
a
county
board
of
1
supervisors.
2
f.
At
least
one
economist
who
has
demonstrated
experience
in
3
public
health,
health
care,
or
a
health-related
field.
4
g.
At
least
one
research
analyst.
5
k.
h.
Four
nonvoting
,
ex
officio
members
who
shall
consist
6
of
four
members
of
the
general
assembly,
two
from
the
senate
7
and
two
from
the
house
of
representatives,
with
not
more
than
8
one
member
from
each
chamber
being
from
the
same
political
9
party.
The
two
senators
shall
be
designated,
one
member
each,
10
by
the
majority
leader
of
the
senate
after
consultation
with
11
the
president
and
by
the
minority
leader
of
the
senate.
The
12
two
representatives
shall
be
designated,
one
member
each,
by
13
the
speaker
of
the
house
of
representatives
after
consultation
14
with
the
majority
leader
of
the
house
of
representatives
and
by
15
the
minority
leader
of
the
house
of
representatives.
16
l.
i.
A
member
of
the
state
board
of
health
who
shall
be
a
17
nonvoting
,
ex
officio
member.
18
5.
4.
The
council
may
utilize
other
relevant
public
19
health
expertise
when
necessary
to
carry
out
its
roles
and
20
responsibilities.
21
6.
5.
The
council
shall
do
all
of
the
following:
22
a.
Advise
the
department
and
make
policy
recommendations
to
23
the
director
of
the
department
and
the
state
board
of
health
24
concerning
administration,
implementation,
and
coordination
of
25
this
chapter
and
the
governmental
public
health
system.
26
b.
Propose
to
the
director
public
health
standards
27
that
should
may
be
utilized
for
voluntary
accreditation
of
28
designated
local
public
health
agencies
and
the
department
that
29
include
but
are
not
limited
to
the
organizational
capacity
and
30
by
the
governmental
public
health
service
components
described
31
in
section
135A.6,
subsection
1
,
by
October
1,
2009
system
.
32
c.
Recommend
to
the
department
an
accrediting
entity
and
33
identify
the
roles
and
responsibilities
for
the
oversight
and
34
implementation
of
the
voluntary
accreditation
of
designated
35
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local
public
health
agencies
and
the
department
by
January
2,
1
2010.
This
shall
include
completion
of
a
pilot
accreditation
2
process
for
one
designated
local
public
health
agency
and
the
3
department
by
July
1,
2011.
Develop
and
implement
processes
for
4
longitudinal
evaluation
of
the
public
health
system
including
5
collection
of
information
about
organizational
capacity
and
6
public
health
services
delivery.
7
d.
Recommend
to
the
director
strategies
to
implement
8
voluntary
accreditation
of
designated
local
public
health
9
agencies
and
the
department
effective
January
2,
2012.
10
e.
Periodically
review
and
make
recommendations
to
the
11
department
regarding
revisions
to
the
public
health
standards
12
pursuant
to
paragraph
“b”
,
as
needed
and
based
on
reports
13
prepared
by
the
governmental
public
health
evaluation
committee
14
pursuant
to
section
135A.5
.
15
d.
Determine
what
process
and
outcome
improvements
in
the
16
governmental
public
health
system
are
attributable
to
voluntary
17
accreditation.
18
e.
Assure
that
the
evaluation
process
is
capturing
data
to
19
support
key
research
in
public
health
system
effectiveness
and
20
health
outcomes.
21
f.
Develop
and
make
recommendations
for
improvements
to
the
22
public
health
system
and
for
the
health
outcomes
of
Iowans.
23
g.
Make
recommendations
for
resources
to
support
the
public
24
health
system.
25
f.
h.
Review
rules
developed
and
adopted
by
the
state
board
26
of
health
under
this
chapter
and
make
recommendations
to
the
27
department
for
revisions
to
further
promote
implementation
28
of
this
chapter
and
modernization
of
the
governmental
public
29
health
system.
30
g.
i.
Form
and
utilize
subcommittees
as
necessary
to
carry
31
out
the
duties
of
the
council.
32
j.
Annually
submit
a
report
on
the
activities
of
the
council
33
to
the
state
board
of
health
by
July
1.
34
Sec.
4.
Section
135A.8,
subsections
2
and
3,
Code
2015,
are
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amended
to
read
as
follows:
1
2.
The
fund
is
established
to
assist
local
boards
of
health
2
and
the
department
with
the
provision
of
governmental
public
3
health
system
organizational
capacity
and
public
health
service
4
delivery
and
to
achieve
and
maintain
voluntary
accreditation
5
in
accordance
with
the
Iowa
public
health
standards
.
At
least
6
seventy
percent
of
the
funds
shall
be
made
available
to
local
7
boards
of
health
and
up
to
thirty
percent
of
the
funds
may
be
8
utilized
by
the
department.
9
3.
Moneys
in
the
fund
may
be
allocated
by
the
department
10
to
a
local
board
of
health
for
organizational
capacity
and
11
service
delivery.
Such
allocation
may
be
made
on
a
matching,
12
dollar-for-dollar
basis
for
the
acquisition
of
equipment,
13
or
by
providing
grants
to
achieve
and
maintain
voluntary
14
accreditation
in
accordance
with
the
Iowa
public
health
15
standards
.
16
Sec.
5.
Section
135A.9,
Code
2015,
is
amended
to
read
as
17
follows:
18
135A.9
Rules.
19
The
state
board
of
health
shall
adopt
rules
pursuant
to
20
chapter
17A
to
implement
this
chapter
which
shall
include
but
21
are
not
limited
to
the
following:
22
1.
Incorporation
of
the
Iowa
public
health
standards
23
recommended
to
the
department
pursuant
to
section
135A.4,
24
subsection
6
.
25
2.
A
voluntary
accreditation
process
to
begin
no
later
than
26
January
2,
2012,
for
designated
local
public
health
agencies
27
and
the
department.
28
3.
1.
Rules
relating
to
the
operation
of
the
governmental
29
public
health
advisory
council.
30
4.
Rules
relating
to
the
operation
of
the
governmental
31
public
health
system
evaluation
committee.
32
5.
2.
The
application
and
award
process
for
governmental
33
public
health
system
fund
moneys.
34
6.
Rules
relating
to
data
collection
for
the
governmental
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public
health
system
and
the
voluntary
accreditation
program.
1
7.
3.
Rules
otherwise
necessary
to
implement
the
chapter.
2
Sec.
6.
REPEAL.
Sections
135A.5,
135A.6,
135A.7,
and
3
135A.10,
Code
2015,
are
repealed.
4
DIVISION
II
5
STATE
AND
DISTRICT
BOARDS
OF
HEALTH
6
Sec.
7.
Section
136.3,
subsection
5,
Code
2015,
is
amended
7
by
striking
the
subsection.
8
Sec.
8.
Section
136.3,
subsections
6
and
8,
Code
2015,
are
9
amended
to
read
as
follows:
10
6.
Assure
that
the
department
complies
with
Iowa
Code
,
and
11
administrative
rules
,
and
the
Iowa
public
health
standards
.
12
For
this
purpose
the
board
shall
have
access
at
any
time
to
all
13
documents
and
records
of
the
department.
14
8.
Advise
or
make
recommendations
to
the
director
of
public
15
health,
governor,
and
general
assembly
relative
to
public
16
health
and
advocate
for
state
and
local
public
health
to
comply
17
with
the
Iowa
the
importance
of
public
health
standards
for
18
state
and
local
public
health
.
19
Sec.
9.
Section
137.102,
subsection
10,
Code
2015,
is
20
amended
by
striking
the
subsection.
21
Sec.
10.
Section
137.104,
subsection
1,
paragraph
b,
22
unnumbered
paragraph
1,
Code
2015,
is
amended
to
read
as
23
follows:
24
Make
and
enforce
such
reasonable
rules
and
regulations
not
25
inconsistent
with
law
,
and
the
rules
of
the
state
board
,
or
26
the
Iowa
public
health
standards
as
may
be
necessary
for
the
27
protection
and
improvement
of
the
public
health.
28
Sec.
11.
Section
137.105,
subsection
1,
paragraph
c,
Code
29
2015,
is
amended
to
read
as
follows:
30
c.
All
members
of
a
district
board
shall
be
appointed
by
31
the
county
board
of
supervisors
from
each
county
represented
by
32
the
district.
Each
county
board
of
supervisors
shall
appoint
33
at
least
one
but
no
more
than
three
members
to
the
district
34
board
,
and
each
county
board
of
supervisors
shall
appoint
the
35
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same
number
of
members
to
the
district
board.
There
shall
1
be
no
more
than
one
board
of
supervisors
member
from
any
2
participating
county
on
the
district
board
.
3
Sec.
12.
Section
137.106,
subsection
1,
Code
2015,
is
4
amended
to
read
as
follows:
5
1.
A
written
narrative
that
explains
how
the
formation
of
a
6
district
board
will
increase
organizational
capacity
and
attain
7
the
capability
to
provide
population-based
and
personal
public
8
health
services
compared
with
operating
as
individual
county
9
boards
.
10
Sec.
13.
Section
137.111,
Code
2015,
is
amended
to
read
as
11
follows:
12
137.111
District
treasurer
and
auditor.
13
Upon
establishment
of
a
district
board,
the
district
board
14
shall
designate
a
treasurer
of
a
county
within
its
jurisdiction
15
to
serve
as
treasurer
of
the
district
health
department,
and
16
shall
designate
the
an
auditor
of
the
same
county
to
serve
as
17
auditor
of
the
district
health
department.
A
treasurer
or
18
auditor
of
any
county
within
the
district
may
also
serve
in
19
the
capacity
as
treasurer
or
auditor
of
the
district
health
20
department,
respectively,
or
the
district
board
may
contract
21
with
a
third
party
to
act
as
the
treasurer
or
auditor
of
the
22
district
health
department.
The
A
county
treasurer’s
and
23
the
or
county
auditor’s
official
bonds
shall
bond
may
extend
24
to
cover
their
respective
duties
performed
on
behalf
of
the
25
district
health
department.
A
county
treasurer
shall
not
serve
26
in
the
capacity
of
district
health
department
treasurer
without
27
consent
from
the
county
and
agreement
from
the
treasurer
to
28
perform
this
function,
and
a
county
auditor
shall
not
serve
29
in
the
capacity
of
district
health
department
auditor
without
30
consent
from
the
county
and
agreement
from
the
auditor
to
31
perform
this
function.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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This
bill
relates
to
public
health
including
the
Iowa
public
1
health
modernization
Act
and
the
state
and
district
boards
of
2
health.
3
The
bill
amends
provisions
in
Code
chapter
135A
(public
4
health
modernization
Act).
The
bill
eliminates
and
amends
5
definitions
used
in
the
Code
chapter
and
eliminates
the
6
requirements
for
voluntary
accreditation
of
designated
local
7
public
health
agencies
and
the
department
of
public
health
8
and
the
required
development
and
use
of
Iowa
public
health
9
standards.
10
The
bill
changes
the
size
and
composition
of
the
11
governmental
public
health
advisory
council
to
include
a
12
maximum
of
28
members
and
to
specifically
include
12
members
13
representing
various
subfields
of
public
health
from
local
14
public
health
agencies
and
local
boards
of
health
from
all
15
geographic
areas
of
the
state,
at
least
two
representatives
16
from
academic
institutions,
at
least
one
economist
who
has
17
demonstrated
experience
in
public
health,
health
care,
or
a
18
health-related
field,
and
at
least
one
research
analyst.
The
19
bill
eliminates
certain
duties
of
the
council
and
prescribes
20
additional
duties
including
to
develop
and
implement
processes
21
for
longitudinal
evaluation
of
the
public
health
system
22
including
collection
of
information
about
organizational
23
capacity
and
public
health
services
delivery,
to
determine
what
24
process
and
outcome
improvements
in
the
governmental
public
25
health
system
are
attributable
to
voluntary
accreditation,
to
26
assure
that
the
evaluation
process
is
capturing
data
to
support
27
key
research
in
public
health
system
effectiveness
and
health
28
outcomes,
to
develop
and
make
recommendations
for
improvements
29
to
the
public
health
system
and
for
the
health
outcomes
of
30
Iowans,
to
make
recommendations
for
resources
to
support
the
31
public
health
system,
and
to
annually
submit
a
report
on
the
32
activities
of
the
council
to
the
state
board
of
health
by
July
33
1.
34
The
bill
eliminates
the
governmental
public
health
35
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evaluation
committee
which
was
established
to
develop
and
1
implement
the
evaluation
of
the
governmental
public
health
2
system
and
voluntary
accreditation
program,
the
specified
3
organizational
capacity
components
and
public
health
service
4
components
of
a
governmental
public
health
system,
and
the
5
governmental
public
health
system
and
accreditation
data
6
collection
system
which
was
to
monitor
the
implementation
and
7
effectiveness
of
the
governmental
public
health
system
based
on
8
the
Iowa
public
health
standards.
9
The
bill
eliminates
directives
to
adopt
rules
that
relate
10
to
the
provisions
of
the
Act
eliminated
in
the
bill
and
also
11
eliminates
the
section
of
the
Act
that
established
a
civil
12
penalty
for
a
local
board
of
health
or
local
public
health
13
agency
fraudulently
claiming
accreditation.
The
bill
also
14
makes
conforming
changes
in
the
Code
chapters
relating
to
state
15
and
district
boards
of
health
to
reflect
the
changes
to
the
16
public
health
modernization
Act.
17
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