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House Study Bill 522

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 135.1, unnumbered paragraph 1, Code
  1  2 Supplement 1995, is amended to read as follows:
  1  3    For the purposes of chapters 152B and chapter 155 and title
  1  4 IV, subtitle 2, excluding chapters 142B, 145B, and 146, unless
  1  5 otherwise defined:
  1  6    Sec. 2.  Section 135.11, subsections 11 and 13, Code 1995,
  1  7 are amended to read as follows:
  1  8    11.  Enforce the law relative to chapter 146 and "Health-
  1  9 related Professions," title IV, subtitle 3, excluding chapters
  1 10 152B, 152D, and 155.
  1 11    13.  Establish, publish, and enforce rules not inconsistent
  1 12 with law for the enforcement of the provisions of chapters
  1 13 125, 152B, 152D, and 155 and title IV, subtitle 2, excluding
  1 14 chapters 142B, 145B, and 146 and for the enforcement of the
  1 15 various laws, the administration and supervision of which are
  1 16 imposed upon the department.
  1 17    Sec. 3.  Section 147.1, unnumbered paragraph 1, Code
  1 18 Supplement 1995, is amended to read as follows:
  1 19    For the purpose of this and the following chapters of this
  1 20 subtitle, excluding chapters 152B, 152C, and 152D:
  1 21    Sec. 4.  Section 147.1, subsections 3 and 6, Code
  1 22 Supplement 1995, are amended to read as follows:
  1 23    3.  "Licensed" or "certified" when applied to a physician
  1 24 and surgeon, podiatric physician, osteopath, osteopathic
  1 25 physician and surgeon, physician assistant, psychologist or
  1 26 associate psychologist, chiropractor, nurse, dentist, dental
  1 27 hygienist, optometrist, speech pathologist, audiologist,
  1 28 pharmacist, physical therapist, occupational therapist,
  1 29 respiratory care practitioner, practitioner of cosmetology
  1 30 arts and sciences, practitioner of barbering, funeral
  1 31 director, dietitian, marital and family therapist, mental
  1 32 health counselor, or social worker means a person licensed
  1 33 under this subtitle, excluding chapters 152B, 152C, and 152D.
  1 34    6.  "Profession" means medicine and surgery, podiatry,
  1 35 osteopathy, osteopathic medicine and surgery, practice as a
  2  1 physician assistant, psychology, chiropractic, nursing,
  2  2 dentistry, dental hygiene, optometry, speech pathology,
  2  3 audiology, pharmacy, physical therapy, occupational therapy,
  2  4 respiratory care, cosmetology arts and sciences, barbering,
  2  5 mortuary science, marital and family therapy, mental health
  2  6 counseling, social work, or dietetics.
  2  7    Sec. 5.  Section 147.3, Code 1995, is amended to read as
  2  8 follows:
  2  9    147.3  QUALIFICATIONS.
  2 10    An applicant for a license to practice a profession under
  2 11 this subtitle, excluding chapters 152B, 152C, and 152D, is not
  2 12 ineligible because of age, citizenship, sex, race, religion,
  2 13 marital status or national origin, although the application
  2 14 form may require citizenship information.  A board may
  2 15 consider the past felony record of an applicant only if the
  2 16 felony conviction relates directly to the practice of the
  2 17 profession for which the applicant requests to be licensed.
  2 18 Character references may be required, but shall not be
  2 19 obtained from licensed members of the profession.
  2 20    Sec. 6.  Section 147.6, Code 1995, is amended to read as
  2 21 follows:
  2 22    147.6  CERTIFICATE PRESUMPTIVE EVIDENCE.
  2 23    Every license issued under this subtitle, excluding
  2 24 chapters 152B, 152C, and 152D, shall be presumptive evidence
  2 25 of the right of the holder to practice in this state the
  2 26 profession therein specified.
  2 27    Sec. 7.  Section 147.7, Code 1995, is amended to read as
  2 28 follows:
  2 29    147.7  DISPLAY OF LICENSE.
  2 30    Every person licensed under this subtitle, excluding
  2 31 chapters 152B, 152C, and 152D, to practice a profession shall
  2 32 keep the license publicly displayed in the primary place in
  2 33 which the person practices.
  2 34    Sec. 8.  Section 147.9, Code 1995, is amended to read as
  2 35 follows:
  3  1    147.9  CHANGE OF RESIDENCE.
  3  2    When any person licensed to practice a profession under
  3  3 this subtitle, excluding chapters 152B, 152C, and 152D,
  3  4 changes a residence or place of practice the person shall
  3  5 notify the department.
  3  6    Sec. 9.  Section 147.12, unnumbered paragraph 1, Code 1995,
  3  7 is amended to read as follows:
  3  8    For the purpose of giving examinations to applicants for
  3  9 licenses to practice the professions for which licenses are
  3 10 required by this subtitle, excluding chapters 152B, 152C, and
  3 11 152D, the governor shall appoint, subject to confirmation by
  3 12 the senate, a board of examiners for each of the professions.
  3 13 The board members shall not be required to be members of
  3 14 professional societies or associations composed of members of
  3 15 their professions.
  3 16    Sec. 10.  Section 147.13, Code 1995, is amended by adding
  3 17 the following new subsection:
  3 18    NEW SUBSECTION.  18.  For respiratory care therapists,
  3 19 respiratory care examiners.
  3 20    Sec. 11.  Section 147.14, Code 1995, is amended by adding
  3 21 the following new subsection:
  3 22    NEW SUBSECTION.  15.  For respiratory care, two licensed
  3 23 physicians with training in respiratory care, two respiratory
  3 24 care practitioners who have practiced respiratory care for a
  3 25 minimum of six years immediately preceding their appointment
  3 26 to the board and who are recommended by the society for
  3 27 respiratory care, and the director of the department of public
  3 28 health as an ex officio nonvoting member.  A majority of the
  3 29 members of the board shall constitute a quorum.
  3 30    Sec. 12.  Section 147.30, Code 1995, is amended to read as
  3 31 follows:
  3 32    147.30  TIME AND PLACE OF EXAMINATIONS.
  3 33    The department shall give public notice of the time and
  3 34 place of all examinations to be held under this subtitle,
  3 35 excluding chapters 152B, 152C, and 152D.  Such notice shall be
  4  1 given in such manner as the department may deem expedient and
  4  2 in ample time to allow all candidates to comply with the
  4  3 provisions of this subtitle, excluding chapters 152B, 152C,
  4  4 and 152D.
  4  5    Sec. 13.  Section 147.34, Code 1995, is amended to read as
  4  6 follows:
  4  7    147.34  EXAMINATIONS.
  4  8    Examinations for each profession licensed under this
  4  9 subtitle, excluding chapters 152B, 152C, and 152D, shall be
  4 10 conducted at least one time per year at such time as the
  4 11 department may fix in cooperation with each examining board.
  4 12 Examinations may be given at the state university of Iowa at
  4 13 the close of each school year for professions regulated by
  4 14 this subtitle, excluding chapters 152B, 152C, and 152D, and
  4 15 examinations may be given at other schools located in the
  4 16 state at which any of the professions regulated by this
  4 17 subtitle, excluding chapters 152B, 152C, and 152D, are taught.
  4 18 At least one session of each examining board shall be held
  4 19 annually at the seat of government and the locations of other
  4 20 sessions shall be determined by the examining board, unless
  4 21 otherwise ordered by the department.  Applicants who fail to
  4 22 pass the examination once shall be allowed to take the
  4 23 examination at the next scheduled time.  Thereafter,
  4 24 applicants shall be allowed to take the examination at the
  4 25 discretion of the board.  Examinations may be given by an
  4 26 examining board which are prepared and scored by persons
  4 27 outside the state, and examining boards may contract for such
  4 28 services.  An examining board may make an agreement with
  4 29 examining boards in other states for administering a uniform
  4 30 examination.  An applicant who has failed an examination may
  4 31 request in writing information from the examining board
  4 32 concerning the examination grade and subject areas or
  4 33 questions which the applicant failed to answer correctly,
  4 34 except that if the examining board administers a uniform,
  4 35 standardized examination, the examining board shall only be
  5  1 required to provide the examination grade and such other
  5  2 information concerning the applicant's examination results
  5  3 which are available to the examining board.
  5  4    Sec. 14.  Section 147.41, subsection 2, Code 1995, is
  5  5 amended to read as follows:
  5  6    2.  The subjects to be covered by such examination and the
  5  7 subjects to be covered by the final examination to be taken by
  5  8 such applicant after the completion of the professional course
  5  9 and prior to the issuance of the license, but the subjects
  5 10 covered in the partial and final examinations shall be the
  5 11 same as those specified in this subtitle, excluding chapters
  5 12 152B, 152C, and 152D, for the regular examination.
  5 13    Sec. 15.  Section 147.44, Code 1995, is amended to read as
  5 14 follows:
  5 15    147.44  AGREEMENTS.
  5 16    For the purpose of recognizing licenses which have been
  5 17 issued in other states to practice any profession for which a
  5 18 license is required by this subtitle, excluding chapters 152B,
  5 19 152C, and 152D, the department shall enter into a reciprocal
  5 20 agreement with every state which is certified to it by the
  5 21 proper examining board under the provisions of section 147.45
  5 22 and with which this state does not have an existing agreement
  5 23 at the time of such certification.
  5 24    Sec. 16.  Section 147.46, subsection 1, Code 1995, is
  5 25 amended to read as follows:
  5 26    1.  PROTECTION TO LICENSEES OF THIS STATE.  When the laws
  5 27 of any state or the rules of the authorities of said state
  5 28 place any requirement or disability upon any person licensed
  5 29 in this state to practice any profession regulated by this
  5 30 subtitle, excluding chapters 152B, 152C, and 152D, which
  5 31 affects the right of said person to be licensed or to practice
  5 32 the person's profession in said state, then the same
  5 33 requirement or disability shall be placed upon any person
  5 34 licensed in said state when applying for a license to practice
  5 35 in this state.
  6  1    Sec. 17.  Section 147.52, Code 1995, is amended to read as
  6  2 follows:
  6  3    147.52  RECIPROCITY.
  6  4    When the laws of any state or the rules of the authorities
  6  5 of said state place any requirement or disability upon any
  6  6 person holding a diploma or certificate from any college in
  6  7 this state in which one of the professions regulated by this
  6  8 subtitle, excluding chapters 152B, 152C, and 152D, is taught,
  6  9 which affects the right of said person to be licensed in said
  6 10 state, the same requirement or disability shall be placed upon
  6 11 any person holding a diploma from a similar college situated
  6 12 therein, when applying for a license to practice in this
  6 13 state.
  6 14    Sec. 18.  Section 147.72, Code 1995, is amended to read as
  6 15 follows:
  6 16    147.72  PROFESSIONAL TITLES AND ABBREVIATIONS.
  6 17    Any person licensed to practice a profession under this
  6 18 subtitle, excluding chapters 152B, 152C, and 152D, may append
  6 19 to the person's name any recognized title or abbreviation,
  6 20 which the person is entitled to use, to designate the person's
  6 21 particular profession, but no other person shall assume or use
  6 22 such title or abbreviation, and no licensee shall advertise in
  6 23 such a manner as to lead the public to believe that the
  6 24 licensee is engaged in the practice of any other profession
  6 25 than the one which the licensee is licensed to practice.
  6 26    Sec. 19.  Section 147.73, subsection 1, Code 1995, is
  6 27 amended to read as follows:
  6 28    1.  As authorizing any person licensed to practice a
  6 29 profession under this subtitle, excluding chapters 152B, 152C,
  6 30 and 152D, to use or assume any degree or abbreviation of the
  6 31 same unless such degree has been conferred upon said person by
  6 32 an institution of learning accredited by the appropriate board
  6 33 herein created, together with the director of public health,
  6 34 or by some recognized state or national accredited agency.
  6 35    Sec. 20.  Section 147.74, Code Supplement 1995, is amended
  7  1 by adding the following new subsection:
  7  2    NEW SUBSECTION.  18A.  A respiratory care practitioner
  7  3 licensed under chapter 152B and this chapter may use the title
  7  4 "respiratory care practitioner" or the letters R.C.P. after
  7  5 the person's name.
  7  6    Sec. 21.  Section 147.80, Code 1995, is amended by adding
  7  7 the following new subsection:
  7  8    NEW SUBSECTION.  24A.  License to practice respiratory
  7  9 care, license to practice respiratory care under a reciprocal
  7 10 license, or renewal of a license to practice respiratory care.
  7 11    Sec. 22.  Section 147.83, Code 1995, is amended to read as
  7 12 follows:
  7 13    147.83  INJUNCTION.
  7 14    Any person engaging in any business or in the practice of
  7 15 any profession for which a license is required by this
  7 16 subtitle, excluding chapters 152B, 152C, and 152D, without
  7 17 such license may be restrained by permanent injunction.
  7 18    Sec. 23.  Section 147.86, Code 1995, is amended to read as
  7 19 follows:
  7 20    147.86  PENALTIES.
  7 21    Any person violating any provision of this or the following
  7 22 chapters of this subtitle, excluding chapters 152B, 152C, and
  7 23 152D, except insofar as the provisions apply or relate to or
  7 24 affect the practice of pharmacy, or where a specific penalty
  7 25 is otherwise provided, shall be guilty of a serious
  7 26 misdemeanor.
  7 27    Sec. 24.  Section 147.87, Code 1995, is amended to read as
  7 28 follows:
  7 29    147.87  ENFORCEMENT.
  7 30    The department shall enforce the provisions of this and the
  7 31 following chapters of this subtitle, excluding chapters 152B,
  7 32 152C, and 152D, and for that purpose may request the
  7 33 department of inspections and appeals to make necessary
  7 34 investigations.  Every licensee and member of an examining
  7 35 board shall furnish the department or the department of
  8  1 inspections and appeals such evidence as the member or
  8  2 licensee may have relative to any alleged violation which is
  8  3 being investigated.
  8  4    Sec. 25.  Section 147.88, Code 1995, is amended to read as
  8  5 follows:
  8  6    147.88  INSPECTIONS.
  8  7    The department of inspections and appeals may perform
  8  8 inspections as required by this subtitle, excluding chapters
  8  9 152B, 152C, and 152D, except for the board of medical
  8 10 examiners, board of pharmacy examiners, board of nursing, and
  8 11 the board of dental examiners.  The department of inspections
  8 12 and appeals shall employ personnel related to the inspection
  8 13 functions.
  8 14    Sec. 26.  Section 147.90, Code 1995, is amended to read as
  8 15 follows:
  8 16    147.90  RULES AND FORMS.
  8 17    The Iowa department of public health and the department of
  8 18 inspections and appeals shall each establish the necessary
  8 19 rules and forms for carrying out the duties imposed upon it by
  8 20 this subtitle, excluding chapters 152B, 152C, and 152D.
  8 21    Sec. 27.  Section 147.92, Code 1995, is amended to read as
  8 22 follows:
  8 23    147.92  ATTORNEY GENERAL.
  8 24    Upon request of the department the attorney general shall
  8 25 institute in the name of the state the proper proceedings
  8 26 against any person charged by the department with violating
  8 27 any provision of this or the following chapters of this
  8 28 subtitle, excluding chapters 152B, 152C, and 152D.
  8 29    Sec. 28.  Section 147.93, Code 1995, is amended to read as
  8 30 follows:
  8 31    147.93  PRIMA FACIE EVIDENCE.
  8 32    The opening of an office or place of business for the
  8 33 practice of any profession for which a license is required by
  8 34 this subtitle, excluding chapters 152B, 152C, and 152D, the
  8 35 announcing to the public in any way the intention to practice
  9  1 any such profession, the use of any professional degree or
  9  2 designation, or of any sign, card, circular, device, or
  9  3 advertisement, as a practitioner of any such profession, or as
  9  4 a person skilled in the same, shall be prima facie evidence of
  9  5 engaging in the practice of such profession.
  9  6    Sec. 29.  Section 147.111, Code 1995, is amended to read as
  9  7 follows:
  9  8    147.111  REPORT OF TREATMENT OF WOUNDS AND OTHER INJURIES.
  9  9    Any person licensed under the provisions of this subtitle,
  9 10 excluding chapters 152B, 152C, and 152D, who shall administer
  9 11 any treatment to any person suffering a gunshot or stab wound
  9 12 or other serious bodily injury, as defined in section 702.18,
  9 13 which appears to have been received in connection with the
  9 14 commission of a criminal offense, or to whom an application is
  9 15 made for treatment of any nature because of any such gunshot
  9 16 or stab wound or other serious injury, as defined in section
  9 17 702.18, shall at once but not later than twelve hours
  9 18 thereafter, report that fact to the law enforcement agency
  9 19 within whose jurisdiction the treatment was administered or an
  9 20 application therefor was made, or if ascertainable, to the law
  9 21 enforcement agency in whose jurisdiction the gunshot or stab
  9 22 wound or other serious bodily injury occurred, stating the
  9 23 name of such person, the person's residence if ascertainable,
  9 24 and giving a brief description of the gunshot or stab wound or
  9 25 other serious bodily injury.  Any provision of law or rule of
  9 26 evidence relative to confidential communications is suspended
  9 27 insofar as the provisions of this section are concerned.
  9 28    Sec. 30.  Section 152B.1, Code 1995, is amended to read as
  9 29 follows:
  9 30    152B.1  DEFINITIONS.
  9 31    As used in this chapter, unless otherwise defined or the
  9 32 context otherwise requires:
  9 33    1.  "Board" means the state board for respiratory care.
  9 34    1. 1A.  "Department" means the Iowa department of public
  9 35 health.
 10  1    1B.  "Formal training" means a supervised, structured
 10  2 educational activity that includes preclinical didactic and
 10  3 laboratory activities and clinical activities approved by an
 10  4 accrediting agency recognized by the board, and including an
 10  5 evaluation of competence through a standardized testing
 10  6 mechanism that is determined by the board to be both valid and
 10  7 reliable.
 10  8    2.  "Medical Qualified medical director" means a licensed
 10  9 physician or surgeon who is a member of a hospital's or health
 10 10 care facility's active medical staff and who should be
 10 11 certified or eligible for certification by the American board
 10 12 of internal medicine or the American board of anesthesiology
 10 13 has special interest and knowledge in the diagnosis and
 10 14 treatment of respiratory problems, is qualified by special
 10 15 training or experience in the management of acute and chronic
 10 16 respiratory disorders, is responsible for the quality, safety,
 10 17 and appropriateness of the respiratory care services provided,
 10 18 and is readily accessible to the respiratory care
 10 19 practitioners to assure their competency.
 10 20    3.  "Respiratory care" includes "respiratory therapy" or
 10 21 "inhalation therapy".
 10 22    3A.  "Respiratory care education program" means a course of
 10 23 study leading to eligibility for registration or certification
 10 24 in respiratory care which is recognized or approved by the
 10 25 board.
 10 26    4.  "Respiratory care practitioner" or "practitioner" means
 10 27 a person who qualifies as a respiratory therapist or
 10 28 respiratory therapy technician. meets all of the following:
 10 29    a.  Is employed in the practice of cardiorespiratory care
 10 30 and has the knowledge and skill necessary to administer
 10 31 respiratory care as defined in section 152B.3.
 10 32    b.  Is capable of serving as a resource to the physician in
 10 33 relation to the technical aspects of cardiorespiratory care
 10 34 and to safe and effective methods for administering
 10 35 respiratory care modalities.
 11  1    c.  Is able to function in situations of unsupervised
 11  2 patient contact requiring individual judgment.
 11  3    d.  Is capable of supervising, directing, or teaching less
 11  4 skilled personnel in the provision of respiratory care
 11  5 services.
 11  6    5.  "Respiratory therapist" means a person who has
 11  7 successfully completed a respiratory therapy training care
 11  8 education program and for training respiratory therapists or
 11  9 has passed the registry examination for respiratory therapists
 11 10 administered by the national board for respiratory care or a
 11 11 respiratory therapy licensure examination approved by the
 11 12 department board.  Two years of supervised clinical experience
 11 13 in an acceptable location for the practice of respiratory
 11 14 care, as described in section 152B.4, may be substituted for
 11 15 the completion of a respiratory therapy training program.
 11 16    6.  "Respiratory therapy technician" means a person who has
 11 17 successfully completed a respiratory therapy training care
 11 18 education program and for training therapists or has passed
 11 19 the certification examination for respiratory therapy
 11 20 technicians administered by the national board for respiratory
 11 21 care or a respiratory therapy therapist technicians' licensure
 11 22 examination approved by the department board.  Two years of
 11 23 supervised clinical experience in an acceptable location for
 11 24 the practice of respiratory care, as described in section
 11 25 152B.4, may be substituted for the completion of a respiratory
 11 26 therapy training program.
 11 27    7.  "Respiratory therapy training program" means a program
 11 28 accredited by the American medical association's committee on
 11 29 allied health education and accreditation in cooperation with
 11 30 the joint review committee for respiratory therapy education
 11 31 and approved by the committee.
 11 32    Sec. 31.  Section 152B.6, unnumbered paragraph 1, Code
 11 33 1995, is amended to read as follows:
 11 34    The department board shall administer and implement this
 11 35 chapter.  The department's board's duties in these areas shall
 12  1 include, but are not limited to, the following:
 12  2    Sec. 32.  Section 152B.7, Code 1995, is amended to read as
 12  3 follows:
 12  4    152B.7  REPRESENTATION.
 12  5    A person who is qualified as a respiratory care
 12  6 practitioner and is licensed by the department board may use
 12  7 the title "respiratory care practitioner" or the letters
 12  8 R.C.P. after the person's name to indicate that the person is
 12  9 a qualified respiratory care practitioner licensed by the
 12 10 department board.  No other person is entitled to use the
 12 11 title or letters or any other title or letters that indicate
 12 12 or imply that the person is a respiratory care practitioner,
 12 13 nor may a person make any representation, orally or in
 12 14 writing, expressly or by implication, that the person is a
 12 15 licensed respiratory care practitioner.
 12 16    Sec. 33.  NEW SECTION.  152B.7A  EXCEPTIONS.
 12 17    1.  A person shall not practice respiratory care or
 12 18 represent oneself to be a respiratory care practitioner unless
 12 19 the person is licensed under this chapter.
 12 20    2.  This chapter does not prohibit any of the following:
 12 21    a.  The practice of respiratory care which is an integral
 12 22 part of the program of study by students enrolled in an
 12 23 accredited respiratory therapy training program approved by
 12 24 the board in those situations where that care is provided
 12 25 under the direct supervision of an appropriate clinical
 12 26 instructor recognized by the educational program.
 12 27    b.  Respiratory care services rendered in the course of an
 12 28 emergency.
 12 29    c.  Care administered in the course of assigned duties of
 12 30 persons in the military services.
 12 31    d.  The performance by a respiratory care practitioner of
 12 32 advances in the art and techniques of respiratory care learned
 12 33 through formal or special training.
 12 34    3.  This section is not intended to limit, preclude, or
 12 35 otherwise interfere with the practice of other health
 13  1 providers formally trained and licensed by this state.
 13  2    4.  An individual who passes an examination that includes
 13  3 the content of one or more of the functions included in
 13  4 sections 152B.2 and 152B.3 shall not be prohibited from
 13  5 performing such procedures for which they were tested, as long
 13  6 as the testing body offering the examination is approved by
 13  7 the board.
 13  8    Sec. 34.  Section 152B.9, Code 1995, is amended to read as
 13  9 follows:
 13 10    152B.9  INJUNCTION.
 13 11    The department board may apply to a court for the issuance
 13 12 of an injunction or other appropriate restraining order
 13 13 against a person who is engaging in a violation of this
 13 14 chapter.
 13 15    Sec. 35.  Section 152B.11, Code Supplement 1995, is amended
 13 16 to read as follows:
 13 17    152B.11  CONTINUING EDUCATION.
 13 18    After July 1, 1991, a respiratory care practitioner shall
 13 19 submit evidence satisfactory to the department board that
 13 20 during the year preceding renewal of licensure the
 13 21 practitioner has completed continuing education courses as
 13 22 prescribed by the department board.  In lieu of the continuing
 13 23 education, a person may successfully complete the most current
 13 24 version of the licensure examination.
 13 25    Persons who are not licensed under this chapter but who
 13 26 perform respiratory care as defined by sections 152B.2 and
 13 27 152B.3 shall comply with the continuing education requirements
 13 28 of this section.  The department board shall adopt rules for
 13 29 the administration of this requirement.
 13 30    This section does not apply to persons who are licensed to
 13 31 practice a health profession covered by chapter 147 or to any
 13 32 person who performs respiratory care procedures as a first
 13 33 responder, emergency rescue technician, emergency medical care
 13 34 provider, or other person functioning as part of a rescue unit
 13 35 or in a hospital as authorized by chapter 147A, or to persons
 14  1 whose function with respect to respiratory care is limited to
 14  2 the home delivery and connection of oxygen tanks.
 14  3    Sec. 36.  Section 152B.12, Code 1995, is amended to read as
 14  4 follows:
 14  5    152B.12  SUSPENSION AND REVOCATION OF LICENSES.
 14  6    The department board may suspend, revoke or impose
 14  7 probationary conditions upon a license issued pursuant to
 14  8 rules adopted in accordance with section 152B.6.
 14  9    Sec. 37.  Section 152B.13, Code 1995, is amended to read as
 14 10 follows:
 14 11    152B.13  ADVISORY COMMITTEE STATE BOARD FOR RESPIRATORY
 14 12 CARE.
 14 13    1.  A state board for respiratory care advisory committee
 14 14 is established to provide advice to the department regarding
 14 15 approval of continuing education programs and drafting of
 14 16 rules pursuant to section 152B.6 administer this chapter.
 14 17 Membership of the board shall be established pursuant to
 14 18 section 147.14, subsection 15.
 14 19    The members of the advisory committee shall include two
 14 20 licensed physicians with recognized training and experience in
 14 21 respiratory care, two respiratory care practitioners, and one
 14 22 public member.  Not more than a simple majority of the
 14 23 advisory committee board shall be of one gender.  Members
 14 24 shall be appointed by the governor, subject to confirmation by
 14 25 the senate, and shall serve three-year terms beginning and
 14 26 ending in accordance with section 69.19.  A member may not
 14 27 serve more than three consecutive terms.  Members shall be
 14 28 compensated for their actual and necessary expenses incurred
 14 29 in the performance of their duties.  Expense moneys paid to
 14 30 the members shall be paid from funds appropriated to the
 14 31 department board.  Each member of the committee may also be
 14 32 eligible to receive compensation as provided in section 7E.6.
 14 33    2.  The board may appoint and employ a qualified person,
 14 34 who is not a member of the board, to serve as administrative
 14 35 secretary to the board.  The board shall define the duties of
 15  1 the administrative secretary in addition to those enumerated
 15  2 in this section.
 15  3    3.  The board shall:
 15  4    a.  Examine, license, and renew the licenses of qualified
 15  5 applicants.
 15  6    b.  Maintain an up-to-date list of every person licensed to
 15  7 practice respiratory care under this chapter.  The list shall
 15  8 show a licensee's last known place of employment, last known
 15  9 place of residence, and the date and number of the licensee's
 15 10 license.
 15 11    c.  Cause the prosecution of all persons violating this
 15 12 chapter and incur necessary expenses for the prosecution.
 15 13    Sec. 38.  NEW SECTION.  152B.14  LICENSURE THROUGH PRIOR
 15 14 EXAMINATION OR PRACTICE.
 15 15    1.  The board shall issue a license to practice respiratory
 15 16 care to an applicant who, on July 1, 1996, has passed an
 15 17 examination administered by the state or a national agency
 15 18 approved by the board.
 15 19    2.  Other applicants who have not passed these examinations
 15 20 or their equivalent on July 1, 1996, and who, through written
 15 21 evidence, verified by oath, demonstrate that they are
 15 22 presently functioning in the capacity of a respiratory care
 15 23 practitioner as defined by this chapter, shall be given a
 15 24 temporary license to practice respiratory care for a period of
 15 25 twenty-four months from the effective date of this Act.  Such
 15 26 applicants must pass a licensure examination administered or
 15 27 approved by the board within twenty-four months after the
 15 28 effective date of this Act in order to continue to practice
 15 29 respiratory care.
 15 30    Sec. 39.  Section 272C.1, subsection 6, paragraph aa, Code
 15 31 1995, is amended to read as follows:
 15 32    aa.  The Iowa department of public health state board of
 15 33 respiratory care in licensing respiratory care practitioners
 15 34 pursuant to chapter 152B.  
 15 35                           EXPLANATION
 16  1    This bill creates a state board for respiratory care to
 16  2 take over the existing licensing authority of the department
 16  3 of public health over respiratory care therapists.
 16  4    The bill provides for licensure to practice respiratory
 16  5 care to applicants having passed an examination administered
 16  6 by the state or a national agency approved by the board by
 16  7 July 1, 1996.  Individuals presently functioning in the
 16  8 capacity of a respiratory care practitioner who have not
 16  9 passed such an exam are given 24 months to complete the
 16 10 licensure requirement.  The bill expands the definition of a
 16 11 respiratory care practitioner and defines what is meant by
 16 12 formal training.  
 16 13 LSB 3270HC 76
 16 14 rn/jw/5
     

Text: HSB00521                          Text: HSB00523
Text: HSB00500 - HSB00599               Text: HSB Index
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