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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 ofchapters 152B andchapter 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 10152B,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 chapters152B,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 147.2, Code 1995, is amended to read as 2 8 follows: 2 9 147.2 LICENSE REQUIRED. 2 10 A person shall not engage in the practice of medicine and 2 11 surgery, podiatry, osteopathy, osteopathic medicine and 2 12 surgery, psychology, chiropractic, physical therapy, nursing, 2 13 dentistry, dental hygiene, optometry, speech pathology, 2 14 audiology, occupational therapy, respiratory care, pharmacy, 2 15 cosmetology, barbering, dietetics, or mortuary science or 2 16 shall not practice as a physician assistant as defined in the 2 17 following chapters of this subtitle, unless the person has 2 18 obtained from the department a license for that purpose. 2 19 Sec. 6. Section 147.3, Code 1995, is amended to read as 2 20 follows: 2 21 147.3 QUALIFICATIONS. 2 22 An applicant for a license to practice a profession under 2 23 this subtitle, excluding chapters152B,152C,and 152D, is not 2 24 ineligible because of age, citizenship, sex, race, religion, 2 25 marital status or national origin, although the application 2 26 form may require citizenship information. A board may 2 27 consider the past felony record of an applicant only if the 2 28 felony conviction relates directly to the practice of the 2 29 profession for which the applicant requests to be licensed. 2 30 Character references may be required, but shall not be 2 31 obtained from licensed members of the profession. 2 32 Sec. 7. Section 147.6, Code 1995, is amended to read as 2 33 follows: 2 34 147.6 CERTIFICATE PRESUMPTIVE EVIDENCE. 2 35 Every license issued under this subtitle, excluding 3 1 chapters152B,152C,and 152D, shall be presumptive evidence 3 2 of the right of the holder to practice in this state the 3 3 profession therein specified. 3 4 Sec. 8. Section 147.7, Code 1995, is amended to read as 3 5 follows: 3 6 147.7 DISPLAY OF LICENSE. 3 7 Every person licensed under this subtitle, excluding 3 8 chapters152B,152C,and 152D, to practice a profession shall 3 9 keep the license publicly displayed in the primary place in 3 10 which the person practices. 3 11 Sec. 9. Section 147.9, Code 1995, is amended to read as 3 12 follows: 3 13 147.9 CHANGE OF RESIDENCE. 3 14 When any person licensed to practice a profession under 3 15 this subtitle, excluding chapters152B,152C,and 152D, 3 16 changes a residence or place of practice the person shall 3 17 notify the department. 3 18 Sec. 10. Section 147.12, unnumbered paragraph 1, Code 3 19 1995, is amended to read as follows: 3 20 For the purpose of giving examinations to applicants for 3 21 licenses to practice the professions for which licenses are 3 22 required by this subtitle, excluding chapters152B,152C,and 3 23 152D, the governor shall appoint, subject to confirmation by 3 24 the senate, a board of examiners for each of the professions. 3 25 The board members shall not be required to be members of 3 26 professional societies or associations composed of members of 3 27 their professions. 3 28 Sec. 11. Section 147.13, Code 1995, is amended by adding 3 29 the following new subsection: 3 30 NEW SUBSECTION. 18. For respiratory care therapists, 3 31 respiratory care examiners. 3 32 Sec. 12. Section 147.14, Code 1995, is amended by adding 3 33 the following new subsection: 3 34 NEW SUBSECTION. 15. For respiratory care, one licensed 3 35 physician with training in respiratory care, three respiratory 4 1 care practitioners who have practiced respiratory care for a 4 2 minimum of six years immediately preceding their appointment 4 3 to the board and who are recommended by the society for 4 4 respiratory care, and one member not licensed to practice 4 5 medicine or respiratory care who shall represent the general 4 6 public. A majority of members of the board constitute a 4 7 quorum. 4 8 Sec. 13. Section 147.30, Code 1995, is amended to read as 4 9 follows: 4 10 147.30 TIME AND PLACE OF EXAMINATIONS. 4 11 The department shall give public notice of the time and 4 12 place of all examinations to be held under this subtitle, 4 13 excluding chapters152B,152C,and 152D. Such notice shall be 4 14 given in such manner as the department may deem expedient and 4 15 in ample time to allow all candidates to comply with the 4 16 provisions of this subtitle, excluding chapters152B,152C,4 17 and 152D. 4 18 Sec. 14. Section 147.34, Code 1995, is amended to read as 4 19 follows: 4 20 147.34 EXAMINATIONS. 4 21 Examinations for each profession licensed under this 4 22 subtitle, excluding chapters152B,152C,and 152D, shall be 4 23 conducted at least one time per year at such time as the 4 24 department may fix in cooperation with each examining board. 4 25 Examinations may be given at the state university of Iowa at 4 26 the close of each school year for professions regulated by 4 27 this subtitle, excluding chapters152B,152C,and 152D, and 4 28 examinations may be given at other schools located in the 4 29 state at which any of the professions regulated by this 4 30 subtitle, excluding chapters152B,152C,and 152D, are taught. 4 31 At least one session of each examining board shall be held 4 32 annually at the seat of government and the locations of other 4 33 sessions shall be determined by the examining board, unless 4 34 otherwise ordered by the department. Applicants who fail to 4 35 pass the examination once shall be allowed to take the 5 1 examination at the next scheduled time. Thereafter, 5 2 applicants shall be allowed to take the examination at the 5 3 discretion of the board. Examinations may be given by an 5 4 examining board which are prepared and scored by persons 5 5 outside the state, and examining boards may contract for such 5 6 services. An examining board may make an agreement with 5 7 examining boards in other states for administering a uniform 5 8 examination. An applicant who has failed an examination may 5 9 request in writing information from the examining board 5 10 concerning the examination grade and subject areas or 5 11 questions which the applicant failed to answer correctly, 5 12 except that if the examining board administers a uniform, 5 13 standardized examination, the examining board shall only be 5 14 required to provide the examination grade and such other 5 15 information concerning the applicant's examination results 5 16 which are available to the examining board. 5 17 Sec. 15. Section 147.41, subsection 2, Code 1995, is 5 18 amended to read as follows: 5 19 2. The subjects to be covered by such examination and the 5 20 subjects to be covered by the final examination to be taken by 5 21 such applicant after the completion of the professional course 5 22 and prior to the issuance of the license, but the subjects 5 23 covered in the partial and final examinations shall be the 5 24 same as those specified in this subtitle, excluding chapters 5 25152B,152C,and 152D, for the regular examination. 5 26 Sec. 16. Section 147.44, Code 1995, is amended to read as 5 27 follows: 5 28 147.44 AGREEMENTS. 5 29 For the purpose of recognizing licenses which have been 5 30 issued in other states to practice any profession for which a 5 31 license is required by this subtitle, excluding chapters152B,5 32 152C,and 152D, the department shall enter into a reciprocal 5 33 agreement with every state which is certified to it by the 5 34 proper examining board under the provisions of section 147.45 5 35 and with which this state does not have an existing agreement 6 1 at the time of such certification. 6 2 Sec. 17. Section 147.46, subsection 1, Code 1995, is 6 3 amended to read as follows: 6 4 1. PROTECTION TO LICENSEES OF THIS STATE. When the laws 6 5 of any state or the rules of the authorities of said state 6 6 place any requirement or disability upon any person licensed 6 7 in this state to practice any profession regulated by this 6 8 subtitle, excluding chapters152B,152C,and 152D, which 6 9 affects the right of said person to be licensed or to practice 6 10 the person's profession in said state, then the same 6 11 requirement or disability shall be placed upon any person 6 12 licensed in said state when applying for a license to practice 6 13 in this state. 6 14 Sec. 18. Section 147.52, Code 1995, is amended to read as 6 15 follows: 6 16 147.52 RECIPROCITY. 6 17 When the laws of any state or the rules of the authorities 6 18 of said state place any requirement or disability upon any 6 19 person holding a diploma or certificate from any college in 6 20 this state in which one of the professions regulated by this 6 21 subtitle, excluding chapters152B,152C,and 152D, is taught, 6 22 which affects the right of said person to be licensed in said 6 23 state, the same requirement or disability shall be placed upon 6 24 any person holding a diploma from a similar college situated 6 25 therein, when applying for a license to practice in this 6 26 state. 6 27 Sec. 19. Section 147.72, Code 1995, is amended to read as 6 28 follows: 6 29 147.72 PROFESSIONAL TITLES AND ABBREVIATIONS. 6 30 Any person licensed to practice a profession under this 6 31 subtitle, excluding chapters152B,152C,and 152D, may append 6 32 to the person's name any recognized title or abbreviation, 6 33 which the person is entitled to use, to designate the person's 6 34 particular profession, but no other person shall assume or use 6 35 such title or abbreviation, and no licensee shall advertise in 7 1 such a manner as to lead the public to believe that the 7 2 licensee is engaged in the practice of any other profession 7 3 than the one which the licensee is licensed to practice. 7 4 Sec. 20. Section 147.73, subsection 1, Code 1995, is 7 5 amended to read as follows: 7 6 1. As authorizing any person licensed to practice a 7 7 profession under this subtitle, excluding chapters152B,152C,7 8 and 152D, to use or assume any degree or abbreviation of the 7 9 same unless such degree has been conferred upon said person by 7 10 an institution of learning accredited by the appropriate board 7 11 herein created, together with the director of public health, 7 12 or by some recognized state or national accredited agency. 7 13 Sec. 21. Section 147.74, Code Supplement 1995, is amended 7 14 by adding the following new subsection: 7 15 NEW SUBSECTION. 18A. A respiratory care practitioner 7 16 licensed under chapter 152B and this chapter may use the title 7 17 "respiratory care practitioner" or the letters R.C.P. after 7 18 the person's name. 7 19 Sec. 22. Section 147.80, Code 1995, is amended by adding 7 20 the following new subsection: 7 21 NEW SUBSECTION. 24A. License to practice respiratory 7 22 care, license to practice respiratory care under a reciprocal 7 23 license, or renewal of a license to practice respiratory care. 7 24 Sec. 23. Section 147.83, Code 1995, is amended to read as 7 25 follows: 7 26 147.83 INJUNCTION. 7 27 Any person engaging in any business or in the practice of 7 28 any profession for which a license is required by this 7 29 subtitle, excluding chapters152B,152C,and 152D, without 7 30 such license may be restrained by permanent injunction. 7 31 Sec. 24. Section 147.86, Code 1995, is amended to read as 7 32 follows: 7 33 147.86 PENALTIES. 7 34 Any person violating any provision of this or the following 7 35 chapters of this subtitle, excluding chapters152B,152C,and 8 1 152D, except insofar as the provisions apply or relate to or 8 2 affect the practice of pharmacy, or where a specific penalty 8 3 is otherwise provided, shall be guilty of a serious 8 4 misdemeanor. 8 5 Sec. 25. Section 147.87, Code 1995, is amended to read as 8 6 follows: 8 7 147.87 ENFORCEMENT. 8 8 The department shall enforce the provisions of this and the 8 9 following chapters of this subtitle, excluding chapters152B,8 10 152C,and 152D, and for that purpose may request the 8 11 department of inspections and appeals to make necessary 8 12 investigations. Every licensee and member of an examining 8 13 board shall furnish the department or the department of 8 14 inspections and appeals such evidence as the member or 8 15 licensee may have relative to any alleged violation which is 8 16 being investigated. 8 17 Sec. 26. Section 147.88, Code 1995, is amended to read as 8 18 follows: 8 19 147.88 INSPECTIONS. 8 20 The department of inspections and appeals may perform 8 21 inspections as required by this subtitle, excluding chapters 8 22152B,152C,and 152D, except for the board of medical 8 23 examiners, board of pharmacy examiners, board of nursing, and 8 24 the board of dental examiners. The department of inspections 8 25 and appeals shall employ personnel related to the inspection 8 26 functions. 8 27 Sec. 27. Section 147.90, Code 1995, is amended to read as 8 28 follows: 8 29 147.90 RULES AND FORMS. 8 30 The Iowa department of public health and the department of 8 31 inspections and appeals shall each establish the necessary 8 32 rules and forms for carrying out the duties imposed upon it by 8 33 this subtitle, excluding chapters152B,152C,and 152D. 8 34 Sec. 28. Section 147.92, Code 1995, is amended to read as 8 35 follows: 9 1 147.92 ATTORNEY GENERAL. 9 2 Upon request of the department the attorney general shall 9 3 institute in the name of the state the proper proceedings 9 4 against any person charged by the department with violating 9 5 any provision of this or the following chapters of this 9 6 subtitle, excluding chapters152B,152C,and 152D. 9 7 Sec. 29. Section 147.93, Code 1995, is amended to read as 9 8 follows: 9 9 147.93 PRIMA FACIE EVIDENCE. 9 10 The opening of an office or place of business for the 9 11 practice of any profession for which a license is required by 9 12 this subtitle, excluding chapters152B,152C,and 152D, the 9 13 announcing to the public in any way the intention to practice 9 14 any such profession, the use of any professional degree or 9 15 designation, or of any sign, card, circular, device, or 9 16 advertisement, as a practitioner of any such profession, or as 9 17 a person skilled in the same, shall be prima facie evidence of 9 18 engaging in the practice of such profession. 9 19 Sec. 30. Section 147.111, Code 1995, is amended to read as 9 20 follows: 9 21 147.111 REPORT OF TREATMENT OF WOUNDS AND OTHER INJURIES. 9 22 Any person licensed under the provisions of this subtitle, 9 23 excluding chapters152B,152C,and 152D, who shall administer 9 24 any treatment to any person suffering a gunshot or stab wound 9 25 or other serious bodily injury, as defined in section 702.18, 9 26 which appears to have been received in connection with the 9 27 commission of a criminal offense, or to whom an application is 9 28 made for treatment of any nature because of any such gunshot 9 29 or stab wound or other serious injury, as defined in section 9 30 702.18, shall at once but not later than twelve hours 9 31 thereafter, report that fact to the law enforcement agency 9 32 within whose jurisdiction the treatment was administered or an 9 33 application therefor was made, or if ascertainable, to the law 9 34 enforcement agency in whose jurisdiction the gunshot or stab 9 35 wound or other serious bodily injury occurred, stating the 10 1 name of such person, the person's residence if ascertainable, 10 2 and giving a brief description of the gunshot or stab wound or 10 3 other serious bodily injury. Any provision of law or rule of 10 4 evidence relative to confidential communications is suspended 10 5 insofar as the provisions of this section are concerned. 10 6 Sec. 31. Section 152B.1, Code 1995, is amended to read as 10 7 follows: 10 8 152B.1 DEFINITIONS. 10 9 As used in this chapter, unless otherwise defined or the 10 10 context otherwise requires: 10 11 1. "Board" means the state board for respiratory care. 10 121.1A. "Department" means the Iowa department of public 10 13 health. 10 14 1B. "Formal training" means a supervised, structured 10 15 educational activity that includes preclinical didactic and 10 16 laboratory activities and clinical activities approved by an 10 17 accrediting agency recognized by the board, and including an 10 18 evaluation of competence through a standardized testing 10 19 mechanism that is determined by the board to be both valid and 10 20 reliable. 10 21 2. "MedicalQualified medical director" means a licensed 10 22 physician or surgeon who is a member of a hospital's or health 10 23 care facility's active medical staff and whoshould be10 24certified or eligible for certification by the American board10 25of internal medicine or the American board of anesthesiology10 26 has special interest and knowledge in the diagnosis and 10 27 treatment of respiratory problems, is qualified by special 10 28 training or experience in the management of acute and chronic 10 29 respiratory disorders, is responsible for the quality, safety, 10 30 and appropriateness of the respiratory care services provided, 10 31 and is readily accessible to the respiratory care 10 32 practitioners to assure their competency. 10 33 3. "Respiratory care" includes "respiratory therapy" or 10 34 "inhalation therapy". 10 35 3A. "Respiratory care education program" means a course of 11 1 study leading to eligibility for registration or certification 11 2 in respiratory care which is recognized or approved by the 11 3 board. 11 4 4. "Respiratory care practitioner" or "practitioner" means 11 5 a person whoqualifies as a respiratory therapist or11 6respiratory therapy technician.meets all of the following: 11 7 a. Is qualified in the practice of cardiorespiratory care 11 8 and has the knowledge and skill necessary to administer 11 9 respiratory care as defined in section 152B.3. 11 10 b. Is capable of serving as a resource to the physician in 11 11 relation to the technical aspects of cardiorespiratory care 11 12 and to safe and effective methods for administering 11 13 respiratory care modalities. 11 14 c. Is able to function in situations of unsupervised 11 15 patient contact requiring individual judgment. 11 16 d. Is capable of supervising, directing, or teaching less 11 17 skilled personnel in the provision of respiratory care 11 18 services. 11 19 5. "Respiratory therapist" means a person who has 11 20 successfully completed a respiratorytherapy trainingcare 11 21 education programandfor training respiratory therapists and 11 22 has passed the registry examination for respiratory therapists 11 23 administered by the national board for respiratory care or a 11 24 respiratory therapy licensure examination approved by the 11 25departmentboard.Two years of supervised clinical experience11 26in an acceptable location for the practice of respiratory11 27care, as described in section 152B.4, may be substituted for11 28the completion of a respiratory therapy training program.11 29 6. "Respiratory therapy technician" means a person who has 11 30 successfully completed a respiratorytherapy trainingcare 11 31 education programandfor training therapists and has passed 11 32 the certification examination for respiratory therapy 11 33 technicians administered by the national board for respiratory 11 34 care or a respiratorytherapytherapist technicians' licensure 11 35 examination approved by thedepartmentboard.Two years of12 1supervised clinical experience in an acceptable location for12 2the practice of respiratory care, as described in section12 3152B.4, may be substituted for the completion of a respiratory12 4therapy training program.12 57. "Respiratory therapy training program" means a program12 6accredited by the American medical association's committee on12 7allied health education and accreditation in cooperation with12 8the joint review committee for respiratory therapy education12 9and approved by the committee.12 10 Sec. 32. Section 152B.6, unnumbered paragraph 1, Code 12 11 1995, is amended to read as follows: 12 12 Thedepartmentboard shall administer and implement this 12 13 chapter. Thedepartment'sboard's duties in these areas shall 12 14 include, but are not limited to, the following: 12 15 Sec. 33. Section 152B.7, Code 1995, is amended to read as 12 16 follows: 12 17 152B.7 REPRESENTATION. 12 18 A person who is qualified as a respiratory care 12 19 practitioner and is licensed by thedepartmentboard may use 12 20 the title "respiratory care practitioner" or the letters 12 21 R.C.P. after the person's name to indicate that the person is 12 22 a qualified respiratory care practitioner licensed by the 12 23departmentboard. No other person is entitled to use the 12 24 title or letters or any other title or letters that indicate 12 25 or imply that the person is a respiratory care practitioner, 12 26 nor may a person make any representation, orally or in 12 27 writing, expressly or by implication, that the person is a 12 28 licensed respiratory care practitioner. 12 29 Sec. 34. NEW SECTION. 152B.7A EXCEPTIONS. 12 30 1. A person shall not practice respiratory care or 12 31 represent oneself to be a respiratory care practitioner unless 12 32 the person is licensed under this chapter. 12 33 2. This chapter does not prohibit any of the following: 12 34 a. The practice of respiratory care which is an integral 12 35 part of the program of study by students enrolled in an 13 1 accredited respiratory therapy training program approved by 13 2 the board in those situations where that care is provided 13 3 under the direct supervision of an appropriate clinical 13 4 instructor recognized by the educational program. 13 5 b. Respiratory care services rendered in the course of an 13 6 emergency. 13 7 c. Care administered in the course of assigned duties of 13 8 persons in the military services. 13 9 3. This section is not intended to limit, preclude, or 13 10 otherwise interfere with the practice of other health 13 11 providers formally trained and licensed by this state who 13 12 administer respiratory care procedures. 13 13 4. An individual who passes an examination that includes 13 14 the content of one or more of the functions included in 13 15 sections 152B.2 and 152B.3 shall not be prohibited from 13 16 performing such procedures for which they were tested, as long 13 17 as the testing body offering the examination is approved by 13 18 the board. 13 19 Sec. 35. Section 152B.9, Code 1995, is amended to read as 13 20 follows: 13 21 152B.9 INJUNCTION. 13 22 Thedepartmentboard may apply to a court for the issuance 13 23 of an injunction or other appropriate restraining order 13 24 against a person who is engaging in a violation of this 13 25 chapter. 13 26 Sec. 36. Section 152B.11, Code Supplement 1995, is amended 13 27 to read as follows: 13 28 152B.11 CONTINUING EDUCATION. 13 29 After July 1, 1991, a respiratory care practitioner shall 13 30 submit evidence satisfactory to thedepartmentboard that 13 31 during the year preceding renewal of licensure the 13 32 practitioner has completed continuing education courses as 13 33 prescribed by thedepartmentboard. In lieu of the continuing 13 34 education, a person may successfully complete the most current 13 35 version of the licensure examination. 14 1 Persons who are not licensed under this chapter but who 14 2 perform respiratory care as defined by sections 152B.2 and 14 3 152B.3 shall comply with the continuing education requirements 14 4 of this section. Thedepartmentboard shall adopt rules for 14 5 the administration of this requirement. 14 6This section does not apply to persons who are licensed to14 7practice a health profession covered by chapter 147 or to any14 8person who performs respiratory care procedures as a first14 9responder, emergency rescue technician, emergency medical care14 10provider, or other person functioning as part of a rescue unit14 11or in a hospital as authorized by chapter 147A, or to persons14 12whose function with respect to respiratory care is limited to14 13the home delivery and connection of oxygen tanks.14 14 Sec. 37. Section 152B.12, Code 1995, is amended to read as 14 15 follows: 14 16 152B.12 SUSPENSION AND REVOCATION OF LICENSES. 14 17 Thedepartmentboard may suspend, revoke or impose 14 18 probationary conditions upon a license issued pursuant to 14 19 rules adopted in accordance with section 152B.6. 14 20 Sec. 38. Section 152B.13, Code 1995, is amended to read as 14 21 follows: 14 22 152B.13ADVISORY COMMITTEESTATE BOARD FOR RESPIRATORY 14 23 CARE. 14 24 1. A state board for respiratory careadvisory committee14 25 is established toprovide advice to the department regarding14 26approval of continuing education programs and drafting of14 27rules pursuant to section 152B.6administer this chapter. 14 28 Membership of the board shall be established pursuant to 14 29 section 147.14, subsection 15. 14 30The members of the advisory committee shall include two14 31licensed physicians with recognized training and experience in14 32respiratory care, two respiratory care practitioners, and one14 33public member.Not more than a simple majority of the 14 34advisory committeeboard shall be of one gender. Members 14 35 shall be appointed by the governor, subject to confirmation by 15 1 the senate, and shall serve three-year terms beginning and 15 2 ending in accordance with section 69.19. A member may not 15 3 serve more than three consecutive terms. Members shall be 15 4 compensated for their actual and necessary expenses incurred 15 5 in the performance of their duties. Expense moneys paid to 15 6 the members shall be paid from funds appropriated to the 15 7departmentboard. Each member of thecommitteeboard may also 15 8 be eligible to receive compensation as provided in section 15 9 7E.6. 15 10 3. The board shall: 15 11 a. Examine, license, and renew the licenses of qualified 15 12 applicants. 15 13 b. Maintain an up-to-date list of every person licensed to 15 14 practice respiratory care under this chapter. The list shall 15 15 show a licensee's last known place of employment, last known 15 16 place of residence, and the date and number of the licensee's 15 17 license. 15 18 c. Cause the prosecution of all persons violating this 15 19 chapter and incur necessary expenses for the prosecution. 15 20 Sec. 39. NEW SECTION. 152B.14 LICENSURE THROUGH PRIOR 15 21 EXAMINATION OR PRACTICE. 15 22 1. The board shall issue a license to practice respiratory 15 23 care to an applicant who, on July 1, 1996, has passed an 15 24 examination administered by the state or a national agency 15 25 approved by the board. 15 26 2. Other applicants who have not passed these examinations 15 27 or their equivalent on July 1, 1996, and who, through written 15 28 evidence, verified by oath, demonstrate that they are 15 29 presently functioning in the capacity of a respiratory care 15 30 practitioner as defined by this chapter, shall be given a 15 31 temporary license to practice respiratory care for a period of 15 32 thirty-six months from the effective date of this Act. Such 15 33 applicants must pass a licensure examination administered or 15 34 approved by the board within thirty-six months after the 15 35 effective date of this Act in order to continue to practice 16 1 respiratory care. 16 2 Sec. 40. Section 272C.1, subsection 6, paragraph aa, Code 16 3 1995, is amended to read as follows: 16 4 aa. TheIowa department of public healthstate board of 16 5 respiratory care in licensing respiratory care practitioners 16 6 pursuant to chapter 152B. 16 7 SF 2013 16 8 rn/cc/26
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