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LEGISLATIVE UPDATE for week of 2-10-17 (NOTE: Information changes daily. This document was created 2/6/17) HEALTH BILLS OF INTEREST TO NURSES: CHILDREN’S HEALTH & SCHOOL HEALTH SF 51 CYTOMEGALOVIRUS (Zaun) (Human Resources--Chapman (C), Jochum, C Johnson). Requires the Center for Congenital and Inherited Disorders to work with health agencies and other organizations to develop materials on the cytomegalovirus and the dangers to pregnant women. Requires healthcare providers to make the information available to women in the first trimester of pregnancy. Requires DPH to make the materials available to health care providers and to publish information on the internet. Screening: Requires that newborns who show hearing loss be screened for congenital cytomegalovirus, unless the parent objects. Similar to SF 68. UPDATE: Moved out of subcommittee. INA is registered in favor of this bill SF 68 CYTOMEGALOVIRUS II (Petersen) (Human Resources--Chapman (C), Jochum, Shipley). Similar to SF 51 but appropriates $100,000 to the DPH for grants to prenatal education programs to increase awareness of congenital cytomegalovirus. UPDATE: Assigned to subcommittee HF 120 CYTOMEGALOVIRUS II (Cownie, 1 R, 3D’s) (Human Resources). Requires the Center for Congenital and Inherited Disorders to work with health agencies and other organizations to develop materials on the cytomegalovirus and the dangers to pregnant women. Requires health care providers and birth centers to make the information available to women in the first trimester of pregnancy. Requires DPH to make the materials available to health care providers and to publish information on the internet. Screening: Requires that newborns who fail hearing screen tests to be screened for congenital cytomegalovirus, unless the parent objects. Grants: Appropriates $100,000 to the DPH for grants to prenatal education programs to increase awareness of congenital cytomegalovirus. See SF 68, similar to SF 51. HF 7 VACCINATION EXEMPTION (Rizer) (Human Resources). Establishes an exemption for school vaccinations for children based on the personal convictions of the parent or guardian. UPDATE: Passed out of Subcommittee on 1/26/17 even with substantial resistance from health care providers. INA and ISNO both oppose this bill. SF 116 VACCINATION EXEMPTIONS (Quirmbach & Dvorsky) (Human Resources). Requires that a person seeking a religious exemption from vaccination requirements to submit an affidavit from a religious leader that the vaccination is in violation of the religion’s tenets and that the person is a member in good standing. UPDATE: Referred to committee. HF 17 HIGH SCHOOL COLLISION SPORTS (Jones) (Education) Jones (C), Brown-Powers, Carlin. Requires coaches to have training in CPR and the use of a defibrillator. Concussion: Allows current coaches until July 2018 to get such training. Requires the home team to have a healthcare professional for games involving collision sports, encourages the team to have such a professional available for contact sports. Requires the parents and the school be notified if the child suffers a concussion. Requires that schools have contact information available. Requires the DOE and the athletic organizations to develop a procedure to allow a game to take place if the health care professional cannot be there. UPDATE: Subcommittee meeting 1/24/16 SF 117 TANNING BAN (Quirmbach & 6 D’s) (Human Resources). Bans the use of tanning facilities by minors. Establishes civil penalties of up to $1,000 a day for tanning facilities in violation. UPDATE: Assigned to Human Resources HF 111 TANNING BAN (Brown-Powers) (Human Resources). Bans the use of tanning facilities by minors. Establishes civil penalties. Similar to SF 117. Referred to Human Resources. HF 143 TANNING BAN II (R Taylor) (Human Resources). Prohibits tanning facilities from allowing minors under 17 to use a tanning bed. HF 161 SEX ABUSE AWARENESS (Heartsill) (Judiciary). Heartsill (C), Carlin, Lensing. Directs the BEE to adopt rules that CE requirements include training on sexual abuse awareness and sexual assault training. Requires schools to offer abuse awareness and prevention in K-12 human growth (sex education) courses. Requires the DOE to develop age appropriate materials. Requires the DOE to seek federal funds. HF 48 SCHOOL DATA COLLECTION. Salmon (C), Gassman, Steckman. Student essential data collection by school nurses and the department and education, school districts, and accredited nonpublic. UPDATE: INA attended subcommittee meeting and emphasized the need for data collection to protect student safety. SF 119 SEX EDUCATION (Quirmbach & 10 D’s) (Education). Requires that school sex education materials include age-appropriate materials on dating violence and prevention and on consent. Assigned to Senate Education Committee. WOMEN’S HEALTH SF 67 CONTRACEPTION FROM PHARMACISTS (Petersen) (Human Resources) Authorizes pharmacists to prescribe self-administered oral contraceptives. Requires the pharmacists to complete specialized training. Requires the DPH to work with the Iowa Medical Society and Iowa Pharmacy Association on guidelines. Assigned to Senate Human Resources Subcommittee. SF 2 FAMILY PLANNING Sinclair (C), Petersen, Schultz. An Act relating to state family planning services program and Medicaid funding. UPDATE: PASSED Committee 8-5;; Floor Manager: Sinclair PUBLIC HEALTH & SAFETY HSB 25 DPH BILL (Human Resources) Proposed by Chairperson Fry. Subcommittee of Forristall (C) Bergan, Hunter. Allows the DPH to offer additional grants or other SA spending if licensing fees from liquor exceed grant requests. Strikes or changes certain reporting requirements.Changes the nursing workforce data clearinghouse to new code section 135.163. Makes changes related to the Medical Home/Patient Centered Health Council. Eliminates the PRIMECARRE scholarship program, but retains the primary care loan repayment and community grant program. Eliminates the mental health professional shortage program 135.180 of stipends for psychiatrists in community mental health centers. Strikes or changes outdated or unfunded provisions. Repeals many health programs including: a. Repeals code for a number of health related codes and decreases reporting activities to the IDP b. Primary care provider scholarship program c. Delete the rural health resource center on advisory committee d. Repeals LTC efforts to develop and maintain infrastructure and workforce e. Mental health professional shortage program for psychiatrists in community mental health centers f. Health care delivery infrastructure and health care workforce resources strategic plan g. Strikes the organized health delivery system regulation by the Department of Health h. Eliminates DPH from establishing and administer SA treatment facilities for person on probation i. Repeals establishing AED grant program j. Eliminates the OB/newborn indigent patient care program not utilized since 2009. k. Repeals interagency pharmaceuticals bulk purchasing council UPDATE: House Human Resources Subcommittee meeting on 2/2/17. Was approved. HF 85 PHONE BAN WHILE DRIVING (Hunter, 5 D’s) (Transportation). Prohibits the use of a mobile phone while driving, unless the phone is a hands-free model. Excludes drivers who are at a stop-off on the road, public safety professionals in the course of their job, health care professionals in emergency situations and a person receiving safety-related information (emergency, traffic and weather alerts). Assigned to Transportation Committee SF 62 FIREWORKS SALES (Chelgren) (State Government) Chapman (C), Petersen, Schultz. Requires the State Fire Marshal to develop rules regarding licenses for fireworks sellers. Maintains current rules for display fireworks and distinguishes them from consumer fireworks. Uses fees to administer the bill and for grants to fire departments and EMS organizations.Requires that fireworks sellers be allowed to sell fireworks year-round from appropriate permanent structures and in temporary structures from May 20July 6 and from December 10 - January 3. Prohibits the use of consumer fireworks except between 9 AM10 PM from June 27 through July 6 and December 24 through January 3. Other: Requires the DOR to transfer the portion of the sales tax for firework sales to PORS. Effective on enactment. UPDATE: Assigned to Subcommittee. SSB 1051 FIREWORKS SALES: Chapman (C), Bisignano, Schultz. Subcommittee meeting on 2/6/17 SF 96 MINOR MOTORCYCLE HELMETS (Kinney & Dvorsky) (Transportation) Bertrand, Breitbach & Horn. Requires minors under the age of 18 to wear helmets when riding on motorcycles, motorized bikes and ATVs. Establishes the penalty as a simple misdemeanor. MENTAL HEALTH & SUBSTANCE USE DISORDER HF 35 VETERANS TREATMENT COURTS (Kressig) (Judiciary). Establishes a veterans’ treatment court in each judicial district. Requires such courts to integrate judicial services with MH/SA services and to use a non-adversarial approach. SF 74 SEXUAL ORIENTATION THERAPY (McCoy) (Human Resources--Segebart (C), Bolkcom, Chelgren) Prohibits MH professionals from providing therapy to change the sexual orientation of patients under the age of 18. Makes the provider subject to disciplinary hearings. UPDATE: Assigned to Subcommittee. HF 93 SEXUAL ORIENTATION THERAPY (Hunter & 6 D’s) (Human Resources). Prohibits MH professionals from providing therapy to change the sexual orientation of patients under the age of 18. Makes the provider subject to disciplinary hearings. See SF 74. HF 125 TRANSPORTING MI/SA PATIENTS (Human Resources) Forristall (C), Best, Heddens. Contracts with private entities to make arrangements for transport and provides for requests for proposals. HF 50 MH ADVOCATE REPORTS (Heddens and Heaton) Amends current law which now requires quarterly reporting by a mental health advocate to filing reports only when an advocate feels a report is necessary or is required by the Court . Subcommittee: Koester (C), Heddens, R Taylor Subcommittee meeting 1/24 Did not act. Court can order as they see fit. Amendment from County was Report shall state what actions the advocate has taken and the time spent. UPDATE: AMENDED & PASSED 21-0; Floor Manager: Koester HSB 41 AUTISM COVERAGE (Commerce) Best (C), Hall, Holz. Requires health care coverage for public employees who are not state employees to include coverage for autism spectrum disorders. Establishes maximum benefit amounts, preauthorization requirements and other matters. UPDATE:. PASSED Committee 21-1; Floor Manager: Best SF 43 OVERDOSE IMMUNITY (Bolkcom) Judiciary gives limited immunity to a person who seeks medical assistance for a person who overdoses. Does not allow arrest for drug or paraphernalia possession crimes or the revocation of parole/release status. Allows courts to consider giving first-aid for a drug overdose as a mitigating factor in a criminal prosecution. Assigned to subcommittee of Schneider, Bisignano and Edler. HF 115 GOOD SAMARITAN ASSISTANCE (Isenhart & 3 D’s) (Public Safety). Gives limited immunity to a person who seeks medical assistance for a person who overdoses. Does not allow arrest for drug or paraphernalia possession crimes. Allows the information to be considered for the revocation of parole or probation but allows the assistance to be a mitigating factor. Requires the person to leave contact information, including a name, to remain on the scene until assistance arrives and to cooperate with authorities. Assigned to House Public Safety Committee. UPDATE: Democratic House members will held a news conference on Wednesday, January 25 on opioid use and addiction in Iowa. Representative Isenhart and Representative Brown-Powers spoke about the problems with opioid use in Iowa and the possibility of bipartisan legislation to address the problems. INA supports this bill. HF 228 NEEDLE EXCHANGE PROGRAM (Abdul- Samad & Mascher) (Public Safety) Exempts syringes delivered through a needle exchange program from the laws on drug paraphernalia PRACTICE RELATED BILLS: HSB 26 STEP THERAPY PROTOCOLS (Human Resources) Moore (C) Lundgren, Mascher. Floor Manager: Moore. Makes legislative findings regarding step therapy drug protocols. Requires that step therapy drug protocols be established through clinical guidelines. Does not require that health carrier or plan develop a new entity to create clinical review criteria but requires such criteria to be submitted to the Insurance Commissioner. Requires that patients have a clear process for asking that the step protocol be overridden. Includes processes for approving, denying or appealing such exceptions. Requires the Insurance Commissioner to adopt rules. UPDATE: AMENDED & PASSED Committee 21-0; HSB 19 DECLARATION OF DEATH (Human Resources). Floor Manager: Holt. Allows RNs to make a declaration of death in a Department of Corrections facility. See SSB 1012.Holt (C),Brown-Powers, Koester subcommittee 1/25 UPDATE: AMENDED & PASSED Committee 21-0; SSB 1012 DECLARATION OF DEATH (Human Resources) Greene (C), Garrett, Mathis. Allows RNs to make a declaration of death in a DOC facility. See HSB 19. SF 90 DESIGNATED CAREGIVERS (Jochum) (Human Resources). Requires hospitals to give patients, or the legal guardian, an opportunity to designate a caregiver for times when the patient is unconscious or otherwise incapacitated. Requires the hospital to request a release so that medical information can be given to the caregiver. Does not require the hospital to give information to the caregiver if the release is not signed. Requires the hospital to give the caregiver information on the patient’s discharge or transfer, and aftercare instructions. Allows the aftercare instructions to be on video. Requires the DIA, with the DPH, to adopt rules. UPDATE: Assigned to subcommittee Greene (C), Garrett, Jochum) HSB 72 NURSE AIDE TRAINING (Human Resources) Heaton (C), Abdul-Samad, Bergan Directs the DHS to adopt rules governing how the DIA approves nurse aide training. Requires approval on how the on-line courses meet the minimum hours for training. UPDATE: Subcommittee meeting Feb. 7th at 8 a.m. HSB 77 GENETIC COUNSELORS (State Government) Koester (C), Mascher, Rizer. Requires genetic counselors to be licensed. Gives the Board of Medicine regulatory authority. Establishes a scope of practice for genetic counselors. Establishes an advisory board. UPDATE: Subcommittee meeting Feb. 6th at 1:30 p.m. INA made suggestions regarding language changes to protect nursing role and functioning. HF 32 HEALTH CARE DATA (Pettengill & Jones) (Human Resources) Bacon, Forristall and WesselKroeschel. Requires that health care data collected by the DPH not include personally identifiable information. Includes definitions. HSB 79 RN/PA LOAN PROGRAMS (Education) Forristall (C), Forbes, Moore Combines certain educational loan programs for Registered nurses, Physician Assistants, Advanced Registered Nurse Practitioners and Nurse educators. (CSC) See SSB 1060. SSB 1060 RN/PA LOAN PROGRAMS (Education) Kraayenbrink (C), Greene, Quirmbach Combines certain educational loan programs for Registered nurses, Physician Assistants, Advanced Registered Nurse Practitioners and Nurse educators. (CSC) HF 212 LICENSING REVOCATIONS (Brown-Powers) (State Government) Strikes provisions which allow the CSC to initiate proceedings to suspend or revoke various professional licenses for the non-payment of student debt. OLDER ADULTS: HSB 6 DEPENDENT ADULT NOTICE (Judiciary) (Carlin (C), Lensing, Windschitl). Includes the priority list for serving notice to persons concerning an order of protective services for a dependent adult, the spouse of the dependent adult, if not legally separated, and the dependent adult’s parents and grandparents. UPDATE: Passed Subcommittee 1/30/17. SF 169 MEALS ON WHEELS (Danielson) (Human Resources). Makes home-delivered meals eligible under HCBS Medicaid waivers. Requires DHS to seek federal approval if needed. Effective on enactment or when the program receives federal approval. SSB 1030 GERIATRIC SEX OFFENDER STUDY. Human Resources Segebart (C), Greene, Mathis Resolution to establish a geriatric Sex offender study. UPDATE: Subcommittee meeting on 2-1-17 HF 163 SEX OFFENDER REGISTRY Fry (C), Wessel-Kroeschell, Wheeler. Subcommittee meeting 2/6/17 HEALTH CARE ACCESS BILLS: HF 95 MEDICARE SUPPLEMENTAL COVERAGE (Kressig) (Human Resources) Forristall (C), Anderson, Best.Requires the Insurance Commissioner to adopt rules making persons who lose Medicaid coverage eligible for Medicare supplemental coverage. UPDATE: Assigned to subcommittee. HSB 37 HEALTH CARE ENROLLMENT: State Government) T Moore (C), Hunter, Zumbach. Proposed Iowa Dept. of Administrative Services. Continuation or enrollment of dependents to continue in parent coverage until age 26. Strikes code language that would drop dependent coverage if dependent no longer is a state resident, full-time student or married before age 26. HF 172 MEDICAID WAITING LISTS (Abdul-Samad) (Human Resources) Forristall (C), Abdul-Samad, Best. Appropriates $7.1 million to the DHS to reduce waiting lists for the Medicaid HCBS waiver. UPDATE: In Subcommittee. HF 198 MEDICAL CANNABIS ACT (Hunter) (Human Resources). Establishes the Medical Cannabis Act. Authorizes the use of medical cannabis for debilitating illnesses as certified by a practitioner. Makes definitions. Establishes an advisory board. Includes provisions on manufacturing medical cannabis, on ID cards, limited immunity from criminal and civil prosecution and related matters. Cards: Allows Iowans or permanent residents over the age of 18 to apply for an ID card for medical use, from the DPH. Board: Requires DPH to establish a Medical Cannabis Advisory Board by August 2017. Requires the board to make recommendations on illness covered under the Act and treatments, to hold public hearings, and review other issues. HF 199 MEDICAL CANNABIDIOL ACT (Kressig, 30 D’s) (Human Resources). Establishes the Medical Cannabidiol Act. Reschedules marijuana as a Schedule II controlled substance. Authorizes the use for debilitating illnesses as certified by a practitioner. Includes provisions for certifying practitioners. Cards: Allows Iowans or permanent residents over the age of 18 to apply for an ID card for medical use, as approved by the DPH and issued by the DOT. Board: Requires DPH to establish a Medical Advisory Council by August 2016. Requires the board to make recommendations on illness covered under the Act and treatments, to hold public hearings, and review other issues. Manufacturing: Establishes licensing for cannabidiol manufacturers and dispensaries. Requires 12 dispensaries. Other: Prohibits smoking cannabidiol. Includes provisions of fees, reciprocity and other matters. Establishes affirmative defenses for the use of cannabidiol.