House File 423 - Introduced HOUSE FILE 423 BY HEATON (COMPANION TO LSB 2335SS BY SEGEBART) A BILL FOR An Act relating to the delegation of authority by a 1 psychologist to perform certain services. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2335HH (3) 87 tr/rh/rj

H.F. 423 Section 1. Section 154B.1, subsection 6, Code 2017, is 1 amended to read as follows: 2 6. “Practice of psychology” means the application of 3 established principles of learning, motivation, perception, 4 thinking, and emotional relations to problems of behavior 5 adjustment, group relations, and behavior modification, 6 by persons trained in psychology for compensation or other 7 personal gain. The application of principles includes but 8 is not limited to: Counseling and the use of psychological 9 remedial measures with persons, in groups or individually, 10 with adjustment or emotional problems in the areas of work, 11 family, school, and personal relationships; measuring and 12 testing personality, intelligence, aptitudes, public opinion, 13 attitudes, and skills; and the teaching of such subject matter, 14 and the conducting of research on the problems relating to 15 human behavior. “Practice of psychology” does not include the 16 performance of a service designated by the board delegated by a 17 licensed psychologist in accordance with section 154B.6A. 18 Sec. 2. NEW SECTION . 154B.6A Delegation of authority. 19 1. A psychologist licensed under this chapter may delegate 20 authority to perform a service to another person if all of the 21 following criteria are met: 22 a. The psychologist has the authority to delegate the 23 service and the delegation is based on the psychologist’s best 24 professional judgment. 25 b. The service can be properly and safely performed by the 26 person. 27 c. The person does not represent to the public that the 28 person is engaging in the practice of psychology if the person 29 is not a licensed psychologist. 30 d. The person shall inform each recipient of a service 31 performed by the person that the person is working under the 32 supervision of a licensed psychologist. 33 e. The person shall perform the service in a customary 34 manner and in compliance with all applicable provisions of law. 35 -1- LSB 2335HH (3) 87 tr/rh/rj 1/ 3

H.F. 423 2. A licensed psychologist to whom such authority has been 1 delegated pursuant to this section may represent that the 2 person is engaged in the practice of psychology. 3 3. A psychologist who delegates authority under this 4 section is responsible for the service performed by the person 5 to whom such authority has been delegated, and the service 6 shall be considered to have been performed by the delegating 7 psychologist for billing purposes, including bills submitted 8 to third-party payors. 9 4. The board shall adopt rules to administer this section. 10 5. For purposes of this section, “person” means another 11 licensed psychologist, a person who holds a provisional license 12 in psychology, a new applicant for licensure who possesses 13 a doctoral degree in psychology who is in the process of 14 completing supervised professional experience, or a person 15 enrolled in a formal psychology internship program approved by 16 the board. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill allows a psychologist licensed under Code chapter 21 154B to delegate authority to perform a service designated 22 by the board to another person, defined in the bill as a 23 licensed psychologist, a person who holds a provisional license 24 in psychology, a new applicant for licensure who possesses 25 a doctoral degree in psychology who is in the process of 26 completing supervised professional experience, or a person 27 enrolled in a formal psychology internship program approved by 28 the board. 29 The bill provides that in order to delegate authority, a 30 psychologist must have the authority to delegate the service 31 and the delegation must be based on the psychologist’s best 32 professional judgment, the service can be properly and safely 33 performed by the person, the person does not represent to the 34 public that the person is engaging in the authorized practice 35 -2- LSB 2335HH (3) 87 tr/rh/rj 2/ 3

H.F. 423 of psychology if the person is not a licensed psychologist, 1 the person must inform each recipient of the service performed 2 by the person that the person is under the supervision of a 3 licensed psychologist, and the person must perform the service 4 in a customary manner and in compliance with all applicable 5 provisions of law. 6 A licensed psychologist to whom such authority has been 7 delegated may represent that the person is engaged in the 8 practice of psychology. 9 A psychologist who delegates authority under the bill 10 is responsible for the service performed by the person to 11 whom authority has been delegated and the service shall 12 be considered to have been performed by the delegating 13 psychologist for billing purposes, including bills submitted 14 to third-party payors. 15 The bill requires the board of psychology to adopt rules to 16 implement the provisions of the bill. 17 -3- LSB 2335HH (3) 87 tr/rh/rj 3/ 3