Senate
Study
Bill
3159
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
SWEENEY)
A
BILL
FOR
An
Act
relating
to
noncompetition
agreements
and
mental
health
1
and
disability
services
contracts
with
a
state
board
of
2
regents
institution.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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88
as/rh
S.F.
_____
Section
1.
Section
262.70,
Code
2020,
is
amended
to
read
as
1
follows:
2
262.70
Education,
prevention,
and
research
programs
in
mental
3
health
and
disability
services.
4
1.
The
division
of
mental
health
and
disability
services
of
5
the
department
of
human
services
may
contract
with
the
board
6
of
regents
or
any
institution
under
the
board’s
jurisdiction
7
to
establish
and
maintain
programs
of
education,
prevention,
8
and
research
in
the
fields
of
mental
health,
intellectual
9
disability,
developmental
disabilities,
and
brain
injury.
The
10
board
may
delegate
responsibility
for
these
programs
to
the
11
state
psychiatric
hospital,
the
university
hospital,
or
any
12
other
appropriate
entity
under
the
board’s
jurisdiction.
13
2.
A
noncompetition
agreement
restricting
the
ability
14
of
a
current
or
former
employee
of
a
state
board
of
regents
15
institution
to
engage
in
contract
mental
health
services
16
while
employed
at
a
state
board
of
regents
institution
or
17
for
a
period
of
time
after
termination
of
employment
from
a
18
state
board
of
regents
institution
shall
be
unenforceable
if
19
the
current
or
former
employee
is
a
qualified
health
care
20
professional
prescriber
providing
contract
mental
health
21
services
in
an
identified
mental
health
professional
shortage
22
area.
23
3.
A
current
employer
of
a
state
board
of
regents
24
institution
shall
not
construe
a
noncompetition
agreement
or
25
any
other
agreement
restricting
the
employment
of
an
employee
26
who
is
a
qualified
health
care
professional
prescriber
to
27
prohibit
the
employee
from
providing
contract
mental
health
28
services
in
an
identified
mental
health
professional
shortage
29
area
while
employed
at
a
board
of
regents
institution.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
noncompetition
agreements
and
mental
34
health
and
disability
services
contracts
with
a
state
board
of
35
-1-
LSB
6331SC
(3)
88
as/rh
1/
2
S.F.
_____
regents
institution.
1
The
bill
provides
that
a
noncompetition
agreement
2
restricting
the
ability
of
a
current
or
former
employee
of
3
a
state
board
of
regents
institution
to
engage
in
contract
4
mental
health
services
while
employed
at
a
state
board
of
5
regents
institution
or
for
a
period
of
time
after
termination
6
of
employment
from
a
state
board
of
regents
institution
7
shall
be
unenforceable
if
the
current
or
former
employee
is
8
a
qualified
health
care
professional
prescriber
providing
9
contract
services
in
an
identified
mental
health
professional
10
shortage
area.
The
bill
also
provides
that
a
current
employer
11
of
a
state
board
of
regents
institution
shall
not
construe
a
12
noncompetition
agreement
or
any
other
agreement
restricting
13
the
employment
of
an
employee
who
is
a
qualified
health
care
14
professional
prescriber
to
prohibit
the
employee
from
providing
15
contract
mental
health
services
in
an
identified
mental
health
16
professional
shortage
area
while
employed
at
a
board
of
regents
17
institution.
18
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