SSB 3089 (LSB 5760XC (2) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SMITH)

A BILL FOR

An Act eliminating the board of hearing aid specialists and licensure requirements for hearing aid specialists, and including transition provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 147.1, subsections 3 and 6, Code 2020, are amended to read as follows:
   3.  “Licensed” or “certified”, when applied to a physician and surgeon, podiatric physician, osteopathic physician and surgeon, genetic counselor, physician assistant, psychologist, chiropractor, nurse, dentist, dental hygienist, dental assistant, optometrist, speech pathologist, audiologist, pharmacist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, orthotist, prosthetist, pedorthist, respiratory care practitioner, practitioner of cosmetology arts and sciences, practitioner of barbering, funeral director, dietitian, behavior analyst, assistant behavior analyst, marital and family therapist, mental health counselor, respiratory care and polysomnography practitioner, polysomnographic technologist, social worker, massage therapist, athletic trainer, acupuncturist, nursing home administrator, hearing aid specialist, or sign language interpreter or transliterator means a person licensed under this subtitle.
   6.  “Profession” means medicine and surgery, podiatry, osteopathic medicine and surgery, genetic counseling, practice as a physician assistant, psychology, chiropractic, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, pharmacy, physical therapy, physical therapist assisting, occupational therapy, occupational therapy assisting, respiratory care, cosmetology arts and sciences, barbering, mortuary science, applied behavior analysis, marital and family therapy, mental health counseling, polysomnography, social work, dietetics, massage therapy, athletic training, acupuncture, nursing home administration, practice as a hearing aid specialist, sign language interpreting or transliterating, orthotics, prosthetics, or pedorthics.
    Sec. 2.  Section 147.2, subsection 1, Code 2020, is amended to read as follows:
   1.  A person shall not engage in the practice of medicine and surgery, podiatry, osteopathic medicine and surgery, genetic counseling, psychology, chiropractic, physical therapy, physical therapist assisting, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, occupational therapy, occupational therapy assisting, orthotics, prosthetics, pedorthics, respiratory care, pharmacy, cosmetology arts and sciences, barbering, social work, dietetics, applied behavior analysis, marital and family therapy or mental health counseling, massage therapy, mortuary science, polysomnography, athletic training, acupuncture, nursing home administration, or sign language interpreting or transliterating, or shall not practice as a physician assistant or a hearing aid specialist, unless the person has obtained a license for that purpose from the board for the profession.
    Sec. 3.  Section 147.13, subsection 22, Code 2020, is amended by striking the subsection.
    Sec. 4.  Section 147.14, subsection 1, paragraph v, Code 2020, is amended by striking the paragraph.
    Sec. 5.  Section 154F.2, subsection 1, paragraph b, Code 2020, is amended by striking the paragraph.
    Sec. 6.  Section 154F.2, subsection 2, Code 2020, is amended to read as follows:
   2.  A person exempted from the provisions of this chapter by this section shall not use the title “speech pathologist” or “audiologist” or any title or device indicating or representing in any manner that the person is a speech pathologist or is an audiologist; provided, a hearing aid specialist licensed under chapter 154A may use the title “certified hearing aid audiologist” when granted by the national hearing aid society; and provided, persons who meet the requirements of section 154F.3, subsection 1, who are certified by the department of education as speech clinicians may use the title “speech pathologist” and persons who meet the requirements of section 154F.3, subsection 2, who are certified by the department of education as hearing clinicians may use the title “audiologist”, while acting within the scope of their employment.
    Sec. 7.  Section 216E.7, Code 2020, is amended to read as follows:
   216E.7  Exemptions.
   This chapter does not apply to a hearing aid sold, leased, or transferred to a consumer by an audiologist licensed under chapter 154F, or a hearing aid specialist licensed under chapter 154A, if the audiologist or specialist provides either an express warranty for the hearing aid or provides for service and replacement of the hearing aid.
    Sec. 8.  Section 272C.1, subsection 6, paragraph v, Code 2020, is amended by striking the paragraph.
    Sec. 9.  Section 272C.3, subsection 2, paragraph a, Code 2020, is amended to read as follows:
   a.  Revoke a license, or suspend a license either until further order of the board or for a specified period, upon any of the grounds specified in section 100D.5, 105.22, 147.55, 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.219, 542.10, 542B.21, 543B.29, 544A.13, 544B.15, or 602.3203 or chapter 151 or 155, as applicable, or upon any other grounds specifically provided for in this chapter for revocation of the license of a licensee subject to the jurisdiction of that board, or upon failure of the licensee to comply with a decision of the board imposing licensee discipline.
    Sec. 10.  Section 272C.4, subsection 6, Code 2020, is amended to read as follows:
   6.  Define by rule acts or omissions that are grounds for revocation or suspension of a license under section 100D.5, 105.22, 147.55, 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.219, 542.10, 542B.21, 543B.29, 544A.13, 544B.15, or 602.3203 or chapter 151 or 155, as applicable, and to define by rule acts or omissions that constitute negligence, careless acts, or omissions within the meaning of section 272C.3, subsection 2, paragraph “b”, which licensees are required to report to the board pursuant to section 272C.9, subsection 2.
    Sec. 11.  Section 272C.5, subsection 2, paragraph c, Code 2020, is amended to read as follows:
   c.  Shall state whether the procedures are an alternative to or an addition to the procedures stated in sections 100D.5, 105.23, 105.24, 148.6 through 148.9, 152.10, 152.11, 153.33, 154A.23, 542.11, 542B.22, 543B.35, 543B.36, and 544B.16.
    Sec. 12.  Section 272C.6, subsection 6, paragraph a, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   A board created pursuant to chapter 147, 154A, 155, 169, 542, 542B, 543B, 543D, 544A, or 544B may charge a fee not to exceed seventy-five dollars for conducting a disciplinary hearing pursuant to this chapter which results in disciplinary action taken against the licensee by the board, and in addition to the fee, may recover from a licensee the costs for the following procedures and associated personnel:
    Sec. 13.  Section 272C.6, subsection 6, paragraph a, subparagraph (4), Code 2020, is amended to read as follows:
   (4)  Medical examination fees incurred relating to a person licensed under chapter 147, 154A, 155, or 169.
    Sec. 14.  REPEAL.  Chapter 154A, Code 2020, is repealed.
    Sec. 15.  TRANSITION PROVISIONS.
   1.  All moneys in a dedicated fund of the board of hearing aid specialists shall be transferred to the general fund of the state on the effective date of this Act.
   2.  The property and records in the custody of the board of hearing aid specialists shall be transferred to the department of administrative services on the effective date of this Act.
   3.  Any cause or action, claim, or obligation against the board of hearing aid specialists in existence on the effective date of this Act shall not be affected as a result of this Act.
   4.  An administrative hearing or court proceeding arising out of an enforcement action under chapter 154A or related administrative rules pending on the effective date of this Act shall not be affected by this Act. Any cause of action or statute of limitations relating to an action taken by the board of hearing aid specialists shall not be affected by this Act and such cause of action or statute of limitations shall apply to the department of public health.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill repeals Code chapter 154A, imposing licensing requirements on persons applying to practice as a hearing aid specialist in Iowa. The bill also repeals the Code section creating the board of hearing aid specialists and removes references to the board of hearing aid specialists. The bill includes transition provisions for the disposition of funds and property in the possession of the board of hearing aid specialists and continues any cause of action, claim, administrative hearing, court proceeding, and obligation against the board of hearing aid specialists in existence as of the effective date of the bill.