House File 93 - IntroducedA Bill ForAn Act 1prohibiting specified provisions in agreements between
2employers and certain mental health professionals and
3including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  147.164  Mental health professionals
2— limitations on competition prohibited.
   31.  As used in this section:
   4a.  “Employer” means a person, as defined in chapter 4, who
5in this state employs for wages an employee.
   6b.  “Mental health professional” means the same as defined in
7section 228.1, and includes all of the following:
   8(1)  Individuals who are completing their supervisory
9requirement under a temporary license.
   10(2)  Licensed master social workers with a current and active
11supervision plan on file with the board of social work.
   122.  An employer shall not enter into an agreement with a
13licensed mental health professional that limits the location
14at which the licensee may practice, prohibits the licensee
15from contacting for professional services a person previously
16treated by the licensee, or imposes a time restriction on the
17practice of the licensee.
   183.  A provision of an agreement entered into between an
19employer and a licensed mental health professional prior to,
20on, or after the effective date of this Act that is contrary to
21this section shall be void and unenforceable.
22   Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate
23importance, takes effect upon enactment.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
   27This bill prohibits an employer from entering into an
28agreement with a licensed mental health professional, as
29defined in the bill, that limits the location at which the
30licensee may practice, prohibits the licensee from contacting
31for professional services a person previously treated by the
32licensee, or imposes a time restriction on the practice of the
33licensee.
   34A provision of an agreement entered into between an employer
35and a licensed mental health professional prior to, on, or
-1-1after the effective date of the bill that is contrary to the
2bill shall be void and unenforceable.
   3The bill takes effect upon enactment.
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