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Text: SF00151                           Text: SF00153
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Senate File 152

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 124.101, subsections 1 and 23, Code
  1  2 1995, are amended to read as follows:
  1  3    1.  "Administer" means the direct application of a
  1  4 controlled substance, whether by injection, inhalation,
  1  5 ingestion, or any other means, to the body of a patient or
  1  6 research subject by:
  1  7    a.  A practitioner, or in the practitioner's presence, by
  1  8 the practitioner's authorized agent; or
  1  9    b.  The patient or research subject at the direction and in
  1 10 the presence of the practitioner.
  1 11    Nothing contained in this chapter shall be construed to
  1 12 prevent a physician, dentist, podiatrist podiatric physician,
  1 13 or veterinarian from delegating the administration of
  1 14 controlled substances under this chapter to a nurse, intern,
  1 15 or other qualified individual or, as to veterinarians, to an
  1 16 orderly or assistant, under the veterinarian's direction and
  1 17 supervision; all pursuant to rules adopted by the board.
  1 18    23.  "Practitioner" means either:
  1 19    a.  A physician, dentist, podiatrist podiatric physician,
  1 20 veterinarian, scientific investigator or other person
  1 21 licensed, registered or otherwise permitted to distribute,
  1 22 dispense, conduct research with respect to or to administer a
  1 23 controlled substance in the course of professional practice or
  1 24 research in this state.
  1 25    b.  A pharmacy, hospital or other institution licensed,
  1 26 registered, or otherwise permitted to distribute, dispense,
  1 27 conduct research with respect to or to administer a controlled
  1 28 substance in the course of professional practice or research
  1 29 in this state.
  1 30    Sec. 2.  Section 135.1, subsection 4, Code 1995, is amended
  1 31 to read as follows:
  1 32    4.  "Physician" means a person licensed to practice
  1 33 medicine and surgery, osteopathic medicine and surgery,
  1 34 osteopathy, chiropractic, or podiatry under the laws of this
  1 35 state; but a person licensed as a physician and surgeon shall
  2  1 be designated as a "physician" or "surgeon", a person licensed
  2  2 as an osteopathic physician and surgeon shall be designated as
  2  3 an "osteopathic physician" or "osteopathic surgeon", a person
  2  4 licensed as an osteopath shall be designated as an
  2  5 "osteopathic physician", a person licensed as a chiropractor
  2  6 shall be designated as a "chiropractor", and a person licensed
  2  7 as a podiatrist shall be designated as a "podiatrist podiatric
  2  8 physician".
  2  9    Sec. 3.  Section 147.1, subsection 7, Code 1995, is amended
  2 10 to read as follows:
  2 11    7.  "Licensed" or "certified" when applied to a physician
  2 12 and surgeon, podiatrist podiatric physician, osteopath,
  2 13 osteopathic physician and surgeon, physician assistant,
  2 14 psychologist or associate psychologist, chiropractor, nurse,
  2 15 dentist, dental hygienist, optometrist, speech pathologist,
  2 16 audiologist, pharmacist, physical therapist, occupational
  2 17 therapist, practitioner of cosmetology arts and sciences,
  2 18 practitioner of barbering, funeral director, dietitian,
  2 19 marital and family therapist, mental health counselor, or
  2 20 social worker means a person licensed under this subtitle,
  2 21 excluding chapters 152B, 152C, and 152D.
  2 22    Sec. 4.  Section 147.74, subsection 6, Code 1995, is
  2 23 amended to read as follows:
  2 24    6.  A podiatrist podiatric physician may use the prefix
  2 25 "Dr." but shall add after the person's name the word
  2 26 "podiatrist podiatric physician".
  2 27    Sec. 5.  Section 147.107, subsections 1 and 2, Code 1995,
  2 28 are amended to read as follows:
  2 29    1.  A person, other than a pharmacist, physician, dentist,
  2 30 podiatrist podiatric physician, or veterinarian who dispenses
  2 31 as an incident to the practice of the practitioner's
  2 32 profession, shall not dispense prescription drugs or
  2 33 controlled substances.
  2 34    2.  A pharmacist, physician, dentist, or podiatrist
  2 35 podiatric physician who dispenses prescription drugs,
  3  1 including but not limited to controlled substances, for human
  3  2 use, may delegate nonjudgmental dispensing functions to staff
  3  3 assistants only when verification of the accuracy and
  3  4 completeness of the prescription is determined by the
  3  5 pharmacist or practitioner in the pharmacist's or
  3  6 practitioner's physical presence.
  3  7    A dentist or podiatrist podiatric physician who dispenses
  3  8 prescription drugs, other than drug samples, pursuant to this
  3  9 subsection, shall annually register the fact that they
  3 10 dispense prescription drugs with the practitioner's respective
  3 11 examining board.  A physician doing so shall register
  3 12 biennially.
  3 13    A physician, dentist, or podiatrist podiatric physician who
  3 14 dispenses prescription drugs, other than drug samples,
  3 15 pursuant to this subsection, shall offer to provide the
  3 16 patient with a written prescription that may be dispensed from
  3 17 a pharmacy of the patient's choice or offer to transmit the
  3 18 prescription to a pharmacy of the patient's choice.
  3 19    Sec. 6.  Section 147.136, Code 1995, is amended to read as
  3 20 follows:
  3 21    147.136  SCOPE OF RECOVERY.
  3 22    In an action for damages for personal injury against a
  3 23 physician and surgeon, osteopath, osteopathic physician and
  3 24 surgeon, dentist, podiatrist podiatric physician, optometrist,
  3 25 pharmacist, chiropractor, or nurse licensed to practice that
  3 26 profession in this state, or against a hospital licensed for
  3 27 operation in this state, based on the alleged negligence of
  3 28 the practitioner in the practice of the profession or
  3 29 occupation, or upon the alleged negligence of the hospital in
  3 30 patient care, in which liability is admitted or established,
  3 31 the damages awarded shall not include actual economic losses
  3 32 incurred or to be incurred in the future by the claimant by
  3 33 reason of the personal injury, including but not limited to,
  3 34 the cost of reasonable and necessary medical care,
  3 35 rehabilitation services, and custodial care, and the loss of
  4  1 services and loss of earned income, to the extent that those
  4  2 losses are replaced or are indemnified by insurance, or by
  4  3 governmental, employment, or service benefit programs or from
  4  4 any other source except the assets of the claimant or of the
  4  5 members of the claimant's immediate family.
  4  6    Sec. 7.  Section 147.138, Code 1995, is amended to read as
  4  7 follows:
  4  8    147.138  CONTINGENT FEE OF ATTORNEY REVIEWED BY COURT.
  4  9    In any action for personal injury or wrongful death against
  4 10 any physician and surgeon, osteopath, osteopathic physician
  4 11 and surgeon, dentist, podiatrist podiatric physician,
  4 12 optometrist, pharmacist, chiropractor or nurse licensed under
  4 13 this chapter or against any hospital licensed under chapter
  4 14 135B, based upon the alleged negligence of the licensee in the
  4 15 practice of that profession or occupation, or upon the alleged
  4 16 negligence of the hospital in patient care, the court shall
  4 17 determine the reasonableness of any contingent fee arrangement
  4 18 between the plaintiff and the plaintiff's attorney.
  4 19    Sec. 8.  Section 148A.1, Code 1995, is amended to read as
  4 20 follows:
  4 21    148A.1  DEFINITION &endash; REFERRAL &endash; AUTHORIZATION.
  4 22    As used in this chapter, physical therapy is that branch of
  4 23 science that deals with the evaluation and treatment of human
  4 24 capabilities and impairments.  Physical therapy uses the
  4 25 effective properties of physical agents including, but not
  4 26 limited to, mechanical devices, heat, cold, air, light, water,
  4 27 electricity, and sound, and therapeutic exercises, and
  4 28 rehabilitative procedures to prevent, correct, minimize, or
  4 29 alleviate a physical impairment.  Physical therapy includes
  4 30 the interpretation of performances, tests, and measurements,
  4 31 the establishment and modification of physical therapy
  4 32 programs, treatment planning, consultative services,
  4 33 instructions to the patients, and the administration and
  4 34 supervision attendant to physical therapy facilities.
  4 35 Physical therapy evaluation and treatment may be rendered by a
  5  1 physical therapist with or without a referral from a
  5  2 physician, podiatrist podiatric physician, dentist, or
  5  3 chiropractor, except that a hospital may require that physical
  5  4 therapy evaluation and treatment provided in the hospital
  5  5 shall be done only upon prior review by and authorization of a
  5  6 member of the hospital's medical staff.
  5  7    Sec. 9.  Section 149.1, Code 1995, is amended to read as
  5  8 follows:
  5  9    149.1  PERSONS ENGAGED IN PRACTICE &endash; DEFINITION.
  5 10    1.  For the purpose of this subtitle the following classes
  5 11 of persons shall be deemed to be engaged in the practice of
  5 12 podiatry:
  5 13    a.  Persons who publicly profess to be podiatrists
  5 14 podiatric physicians or who publicly profess to assume the
  5 15 duties incident to the practice of podiatry.
  5 16    b.  Persons who diagnose, prescribe, or prescribe and
  5 17 furnish medicine for ailments of the human foot, or treat such
  5 18 ailments by medical, mechanical, or surgical treatments.
  5 19    1A.  Podiatric physician means a physician or surgeon
  5 20 licensed under this chapter to engage in the practice of
  5 21 podiatric medicine and surgery.
  5 22    2.  As used in this chapter, "human foot" means the ankle
  5 23 and soft tissue which insert into the foot as well as the
  5 24 foot.
  5 25    Sec. 10.  Section 149.5, unnumbered paragraph 2, Code 1995,
  5 26 is amended to read as follows:
  5 27    A licensed podiatrist podiatric physician may prescribe and
  5 28 administer drugs for the treatment of human foot ailments as
  5 29 provided in section 149.1.
  5 30    Sec. 11.  Section 149.6, Code 1995, is amended to read as
  5 31 follows:
  5 32    149.6  TITLE OR ABBREVIATION.
  5 33    Every licensee shall be designated as a licensed podiatrist
  5 34 podiatric physician and shall not use any title or
  5 35 abbreviation without the designation "practice limited to the
  6  1 foot," nor mislead the public in any way as to the limited
  6  2 field or practice.
  6  3    Sec. 12.  Section 152.1, subsection 5, paragraph c, Code
  6  4 1995, is amended to read as follows:
  6  5    c.  The performance of services by employed workers in
  6  6 offices, hospitals, or health care facilities, as defined in
  6  7 section 135C.1, under the supervision of a physician or a
  6  8 nurse licensed under this chapter, or employed in the office
  6  9 of a psychologist, podiatrist podiatric physician,
  6 10 optometrist, chiropractor, speech pathologist, audiologist, or
  6 11 physical therapist licensed to practice in this state, and
  6 12 when acting while within the scope of the employer's license.
  6 13    Sec. 13.  Section 155A.3, subsection 27, Code 1995, is
  6 14 amended to read as follows:
  6 15    27.  "Practitioner" means a physician, dentist, podiatrist
  6 16 podiatric physician, veterinarian, or other person licensed or
  6 17 registered to distribute or dispense a prescription drug or
  6 18 device in the course of professional practice in this state or
  6 19 a person licensed by another state in a health field in which,
  6 20 under Iowa law, licensees in this state may legally prescribe
  6 21 drugs.
  6 22    Sec. 14.  Section 155A.21, subsection 2, Code 1995, is
  6 23 amended to read as follows:
  6 24    2.  Subsection 1 does not apply to a licensed pharmacy,
  6 25 licensed wholesaler, physician, veterinarian, dentist,
  6 26 podiatrist podiatric physician, therapeutically certified
  6 27 optometrist, a nurse acting under the direction of a
  6 28 physician, or the board of pharmacy examiners, its officers,
  6 29 agents, inspectors, and representatives, nor to a common
  6 30 carrier, manufacturer's representative, or messenger when
  6 31 transporting the drug in the same unbroken package in which
  6 32 the drug was delivered to that person for transportation.
  6 33    Sec. 15.  Section 155A.23, subsection 3, Code 1995,is
  6 34 amended to read as follows:
  6 35    3.  For the purpose of obtaining a prescription drug,
  7  1 falsely assume the title of or claim to be a manufacturer,
  7  2 wholesaler, pharmacist, pharmacy owner, physician, dentist,
  7  3 podiatrist podiatric physician, veterinarian, or other
  7  4 authorized person.
  7  5    Sec. 16.  Section 232.2, subsection 23, Code 1995, is
  7  6 amended to read as follows:
  7  7    23.  "Health practitioner" means a licensed physician or
  7  8 surgeon, osteopath, osteopathic physician or surgeon, dentist,
  7  9 optometrist, podiatrist podiatric physician, or chiropractor,
  7 10 a resident or intern of any such profession, and any
  7 11 registered nurse or licensed practical nurse.
  7 12    Sec. 17.  Section 232.68, subsection 5, Code 1995, is
  7 13 amended to read as follows:
  7 14    5.  "Health practitioner" includes a licensed physician and
  7 15 surgeon, osteopath, osteopathic physician and surgeon,
  7 16 dentist, optometrist, podiatrist podiatric physician, or
  7 17 chiropractor; a resident or intern in any of such professions;
  7 18 a licensed dental hygienist, a registered nurse or licensed
  7 19 practical nurse; and a basic emergency medical care provider
  7 20 certified under section 147.161 or an advanced emergency
  7 21 medical care provider certified under section 147A.6.
  7 22    Sec. 18.  Section 514.18, Code 1995, is amended to read as
  7 23 follows:
  7 24    514.18  PODIATRISTS PODIATRIC PHYSICIANS.
  7 25    Medical or surgical services or procedures constituting the
  7 26 practice of podiatry, also known as chiropody, as defined by
  7 27 chapter 149, and covered by the terms of any individual,
  7 28 group, blanket, or franchise policy providing accident or
  7 29 health benefits hereafter delivered or hereafter issued for
  7 30 delivery in Iowa and covering an Iowa risk may be performed by
  7 31 any practitioner, selected by the insured, licensed under
  7 32 chapter 149 to perform such medical or surgical services or
  7 33 procedures.  Any provision of such policy or exclusion or
  7 34 limitation denying an insured the free choice of such licensed
  7 35 podiatrist podiatric physician, also known as chiropodist,
  8  1 shall to the extent of the denial, be void, but such voidance
  8  2 shall not affect the validity of the other provisions of the
  8  3 policy.
  8  4    Sec. 19.  Section 519.1, Code 1995, is amended to read as
  8  5 follows:
  8  6    519.1  AUTHORIZATION.
  8  7    Any number of physicians and surgeons, osteopaths,
  8  8 osteopathic physicians and surgeons, podiatrist podiatric
  8  9 physicians, chiropractors, pharmacists, dentists, and graduate
  8 10 nurses, licensed to practice their profession in this state,
  8 11 and hospitals licensed under chapter 135B, may, by complying
  8 12 with the provisions of this chapter and without regard to
  8 13 other statutory provisions, enter into contracts with each
  8 14 other for the purpose of protecting themselves by insurance
  8 15 against loss by reason of actions at law on account of their
  8 16 alleged error, mistake, negligence, or carelessness in the
  8 17 treatment and care of patients, including the performance of
  8 18 surgical operations, or in the prescribing and dispensing of
  8 19 drugs and medicines, or for loss by reason of damages in other
  8 20 respects, and to reimburse any member in case of such loss.
  8 21    Sec. 20.  Section 519A.2, subsection 3, Code 1995, is
  8 22 amended to read as follows:
  8 23    3.  "Licensed health care provider" means and includes a
  8 24 physician and surgeon, osteopath, osteopathic physician and
  8 25 surgeon, dentist, podiatrist podiatric physician, optometrist,
  8 26 pharmacist, chiropractor or nurse licensed pursuant to chapter
  8 27 147, and a hospital licensed pursuant to chapter 135B.
  8 28    Sec. 21.  Section 614.1, subsection 9, Code 1995, is
  8 29 amended to read as follows:
  8 30    9.  MALPRACTICE.  Those founded on injuries to the person
  8 31 or wrongful death against any physician and surgeon,
  8 32 osteopath, osteopathic physician and surgeon, dentist,
  8 33 podiatrist podiatric physician, optometrist, pharmacist,
  8 34 chiropractor, or nurse, licensed under chapter 147, or a
  8 35 hospital licensed under chapter 135B, arising out of patient
  9  1 care, within two years after the date on which the claimant
  9  2 knew, or through the use of reasonable diligence should have
  9  3 known, or received notice in writing of the existence of, the
  9  4 injury or death for which damages are sought in the action,
  9  5 whichever of the dates occurs first, but in no event shall any
  9  6 action be brought more than six years after the date on which
  9  7 occurred the act or omission or occurrence alleged in the
  9  8 action to have been the cause of the injury or death unless a
  9  9 foreign object unintentionally left in the body caused the
  9 10 injury or death.  
  9 11                           EXPLANATION
  9 12    This bill changes the name of those individuals licensed to
  9 13 practice podiatry from podiatrist to podiatric physician.  
  9 14 LSB 1477SV 76
  9 15 cl/cf/24
     
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