Text: SF02268 Text: SF02270 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 20 SENATE FILE 2269 30 32 MARGINS C 160 AN ACT 162 MARGINS F 164 PROVIDING FOR THE CONVERSION OF THE EXISTING ADVISORY BOARDS 170 FOR ATHLETIC TRAINING AND MASSAGE THERAPY INTO FULL 180 REGULATORY EXAMINING BOARDS. 200 202 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 210 250 Section 1. Section 135.11, subsections 11 and 13, Code 260 Supplement 1997, are amended to read as follows: 270 11. Enforce the law relative to chapter 146 and "Health- 280 related Professions," Title IV, subtitle 3, excludingchapters290 152D andchapter 155. 300 13. Establish, publish, and enforce rules not inconsistent 310 with law for the enforcement of the provisions of chapters 320 125, 152D,and 155, and Title IV, subtitle 2, excluding 330 chapters 142B, 145B, and 146 and for the enforcement of the 340 various laws, the administration and supervision of which are 350 imposed upon the department. 360 Sec. 2. Section 147.1, unnumbered paragraph 1, Code 1997, 370 is amended to read as follows: 380 For the purpose of this and the following chapters of this 390 subtitle, excluding chapters 152C and 152D: 400 Sec. 3. Section 147.1, subsections 3 and 6, Code 1997, are 410 amended to read as follows: 420 3. "Licensed" or "certified" when applied to a physician 430 and surgeon, podiatric physician, osteopath, osteopathic 440 physician and surgeon, physician assistant, psychologist or 450 associate psychologist, chiropractor, nurse, dentist, dental 460 hygienist, optometrist, speech pathologist, audiologist, 470 pharmacist, physical therapist, occupational therapist, 480 respiratory care practitioner, practitioner of cosmetology 490 arts and sciences, practitioner of barbering, funeral 500 director, dietitian, marital and family therapist, mental 510 health counselor,orsocial worker, massage therapist, or 520 athletic trainer means a person licensed under this subtitle,530 excluding chapters 152C and 152D. 540 6. "Profession" means medicine and surgery, podiatry, 550 osteopathy, osteopathic medicine and surgery, practice as a 560 physician assistant, psychology, chiropractic, nursing, 570 dentistry, dental hygiene, optometry, speech pathology, 580 audiology, pharmacy, physical therapy, occupational therapy, 590 respiratory care, cosmetology arts and sciences, barbering, 600 mortuary science, marital and family therapy, mental health 610 counseling, social work,ordietetics, massage therapy, or 620 athletic training. 630 Sec. 4. Section 147.3, Code 1997, is amended to read as 640 follows: 650 147.3 QUALIFICATIONS. 660 An applicant for a license to practice a profession under 670 this subtitle, excluding chapters 152C and 152D,is not 680 ineligible because of age, citizenship, sex, race, religion, 690 marital status or national origin, although the application 700 form may require citizenship information. A board may 710 consider the past felony record of an applicant only if the 720 felony conviction relates directly to the practice of the 730 profession for which the applicant requests to be licensed. 740 Character references may be required, but shall not be 750 obtained from licensed members of the profession. 760 Sec. 5. Section 147.6, Code 1997, is amended to read as 770 follows: 780 147.6 CERTIFICATE PRESUMPTIVE EVIDENCE. 790 Every license issued under this subtitle, excluding800 chapters 152C and 152D,shall be presumptive evidence of the 810 right of the holder to practice in this state the profession 820 therein specified. 830 Sec. 6. Section 147.7, Code 1997, is amended to read as 840 follows: 850 147.7 DISPLAY OF LICENSE. 860 Every person licensed under this subtitle, excluding870 chapters 152C and 152D,to practice a profession shall keep 880 the license publicly displayed in the primary place in which 890 the person practices. 900 Sec. 7. Section 147.9, Code 1997, is amended to read as 910 follows: 920 147.9 CHANGE OF RESIDENCE. 930 When any person licensed to practice a profession under 940 this subtitle, excluding chapters 152C and 152D,changes a 950 residence or place of practice the person shall notify the 960 department. 970 Sec. 8. Section 147.12, unnumbered paragraph 1, Code 1997, 980 is amended to read as follows: 990 For the purpose of giving examinations to applicants for 1000 licenses to practice the professions for which licenses are 1010 required by this subtitle,excluding chapters 152C and 152D,1020 the governor shall appoint, subject to confirmation by the 1030 senate, a board of examiners for each of the professions. The 1040 board members shall not be required to be members of 1050 professional societies or associations composed of members of 1060 their professions. 1070 Sec. 9. Section 147.13, Code 1997, is amended by adding 1080 the following new subsections: 1090 NEW SUBSECTION. 19. For massage therapists, massage 1100 therapy examiners. 1110 NEW SUBSECTION. 20. For athletic trainers, athletic 1120 training examiners. 1130 Sec. 10. Section 147.14, Code 1997, is amended by adding 1140 the following new subsections: 1150 NEW SUBSECTION. 17. For massage therapists, four members 1160 licensed to practice massage therapy and three members who are 1170 not licensed to practice massage therapy and who shall 1180 represent the general public. A majority of the members of 1190 the board constitutes a quorum. 1200 NEW SUBSECTION. 18. For athletic trainers, three members 1210 licensed to practice athletic training, three members licensed 1220 to practice medicine and surgery, and one member not licensed 1230 to practice athletic training or medicine and surgery and who 1240 shall represent the general public. A majority of the members 1250 of the board constitutes a quorum. 1260 Sec. 11. Section 147.30, Code 1997, is amended to read as 1270 follows: 1280 147.30 TIME AND PLACE OF EXAMINATIONS. 1290 The department shall give public notice of the time and 1300 place of all examinations to be held under this subtitle,1310 excluding chapters 152C and 152D. Such notice shall be given 1320 in such manner as the department may deem expedient and in 1330 ample time to allow all candidates to comply with the 1340 provisions of this subtitle, excluding chapters 152C and 152D. 1350 Sec. 12. Section 147.34, Code 1997, is amended to read as 1360 follows: 1370 147.34 EXAMINATIONS. 1380 Examinations for each profession licensed under this 1390 subtitle, excluding chapters 152C and 152D,shall be conducted 1400 at least one time per year at such time as the department may 1410 fix in cooperation with each examining board. Examinations 1420 may be given at the state university of Iowa at the close of 1430 each school year for professions regulated by this subtitle,1440 excluding chapters 152C and 152D,and examinations may be 1450 given at other schools located in the state at which any of 1460 the professions regulated by this subtitle, excluding chapters1470 152C and 152D,are taught. At least one session of each 1480 examining board shall be held annually at the seat of 1490 government and the locations of other sessions shall be 1500 determined by the examining board, unless otherwise ordered by 1510 the department. Applicants who fail to pass the examination 1520 once shall be allowed to take the examination at the next 1530 scheduled time. Thereafter, applicants shall be allowed to 1540 take the examination at the discretion of the board. 1550 Examinations may be given by an examining board which are 1560 prepared and scored by persons outside the state, and 1570 examining boards may contract for such services. An examining 1580 board may make an agreement with examining boards in other 1590 states for administering a uniform examination. An applicant 1600 who has failed an examination may request in writing 1610 information from the examining board concerning the 1620 examination grade and subject areas or questions which the 1630 applicant failed to answer correctly, except that if the 1640 examining board administers a uniform, standardized 1650 examination, the examining board shall only be required to 1660 provide the examination grade and such other information 1670 concerning the applicant's examination results which are 1680 available to the examining board. 1690 Sec. 13. Section 147.41, subsection 2, Code 1997, is 1700 amended to read as follows: 1710 2. The subjects to be covered by such examination and the 1720 subjects to be covered by the final examination to be taken by 1730 such applicant after the completion of the professional course 1740 and prior to the issuance of the license, but the subjects 1750 covered in the partial and final examinations shall be the 1760 same as those specified in this subtitle, excluding chapters1770 152C and 152D,for the regular examination. 1780 Sec. 14. Section 147.44, Code 1997, is amended to read as 1790 follows: 1800 147.44 AGREEMENTS. 1810 For the purpose of recognizing licenses which have been 1820 issued in other states to practice any profession for which a 1830 license is required by this subtitle,excluding chapters 152C1840 and 152D,the department shall enter into a reciprocal 1850 agreement with every state which is certified to it by the 1860 proper examining board under the provisions of section 147.45 1870 and with which this state does not have an existing agreement 1880 at the time of such certification. 1890 Sec. 15. Section 147.46, subsection 1, Code 1997, is 1900 amended to read as follows: 1910 1. PROTECTION TO LICENSEES OF THIS STATE. When the laws 1920 of any state or the rules of the authorities of said state 1930 place any requirement or disability upon any person licensed 1940 in this state to practice any profession regulated by this 1950 subtitle,excluding chapters 152C and 152D,which affects the 1960 right of said person to be licensed or to practice the 1970 person's profession in said state, then the same requirement 1980 or disability shall be placed upon any person licensed in said 1990 state when applying for a license to practice in this state. 2000 Sec. 16. Section 147.52, Code 1997, is amended to read as 2010 follows: 2020 147.52 RECIPROCITY. 2030 When the laws of any state or the rules of the authorities 2040 of said state place any requirement or disability upon any 2050 person holding a diploma or certificate from any college in 2060 this state in which one of the professions regulated by this 2070 subtitle, excluding chapters 152C and 152D,is taught, which 2080 affects the right of said person to be licensed in said state, 2090 the same requirement or disability shall be placed upon any 2100 person holding a diploma from a similar college situated 2110 therein, when applying for a license to practice in this 2120 state. 2130 Sec. 17. Section 147.72, Code 1997, is amended to read as 2140 follows: 2150 147.72 PROFESSIONAL TITLES AND ABBREVIATIONS. 2160 Any person licensed to practice a profession under this 2170 subtitle, excluding chapters 152C and 152D,may append to the 2180 person's name any recognized title or abbreviation, which the 2190 person is entitled to use, to designate the person's 2200 particular profession, but no other person shall assume or use 2210 such title or abbreviation, and no licensee shall advertise in 2220 such a manner as to lead the public to believe that the 2230 licensee is engaged in the practice of any other profession 2240 than the one which the licensee is licensed to practice. 2250 Sec. 18. Section 147.73, subsection 1, Code 1997, is 2260 amended to read as follows: 2270 1. As authorizing any person licensed to practice a 2280 profession under this subtitle, excluding chapters 152C and2290 152D,to use or assume any degree or abbreviation of the same 2300 unless such degree has been conferred upon said person by an 2310 institution of learning accredited by the appropriate board 2320 herein created, together with the director of public health, 2330 or by some recognized state or national accredited agency. 2340 Sec. 19. Section 147.74, Code 1997, is amended by adding 2350 the following new subsection: 2360 NEW SUBSECTION. 19A. An athletic trainer licensed under 2370 chapter 152D and this chapter may use the title "licensed 2380 athletic trainer" after the person's name. 2390 Sec. 20. Section 147.80, Code 1997, is amended by adding 2400 the following new subsections: 2410 NEW SUBSECTION. 25A. License to practice massage therapy, 2420 license to practice massage therapy under a reciprocal 2430 license, or renewal of a license to practice massage therapy. 2440 NEW SUBSECTION. 25B. License to practice athletic 2450 training, license to practice athletic training under a 2460 reciprocal license, or renewal of a license to practice 2470 athletic training. 2480 Sec. 21. Section 147.83, Code 1997, is amended to read as 2490 follows: 2500 147.83 INJUNCTION. 2510 Any person engaging in any business or in the practice of 2520 any profession for which a license is required by this 2530 subtitle, excluding chapters 152C and 152D,without such 2540 license may be restrained by permanent injunction. 2550 Sec. 22. Section 147.86, Code 1997, is amended to read as 2560 follows: 2570 147.86 PENALTIES. 2580 Any person violating any provision of this or the following 2590 chapters of this subtitle,excluding chapters 152C and 152D,2600 except insofar as the provisions apply or relate to or affect 2610 the practice of pharmacy, or where a specific penalty is 2620 otherwise provided, shall be guilty of a serious misdemeanor. 2630 Sec. 23. Section 147.87, Code 1997, is amended to read as 2640 follows: 2650 147.87 ENFORCEMENT. 2660 The department shall enforce the provisions of this and the 2670 following chapters of this subtitle, excluding chapters 152C2680 and 152D,and for that purpose may request the department of 2690 inspections and appeals to make necessary investigations. 2700 Every licensee and member of an examining board shall furnish 2710 the department or the department of inspections and appeals 2720 such evidence as the member or licensee may have relative to 2730 any alleged violation which is being investigated. 2740 Sec. 24. Section 147.88, Code 1997, is amended to read as 2750 follows: 2760 147.88 INSPECTIONS. 2770 The department of inspections and appeals may perform 2780 inspections as required by this subtitle,excluding chapters2790 152C and 152D,except for the board of medical examiners, 2800 board of pharmacy examiners, board of nursing, and the board 2810 of dental examiners. The department of inspections and 2820 appeals shall employ personnel related to the inspection 2830 functions. 2840 Sec. 25. Section 147.90, Code 1997, is amended to read as 2850 follows: 2860 147.90 RULES AND FORMS. 2870 The Iowa department of public health and the department of 2880 inspections and appeals shall each establish the necessary 2890 rules and forms for carrying out the duties imposed upon it by 2900 this subtitle, excluding chapters 152C and 152D. 2910 Sec. 26. Section 147.92, Code 1997, is amended to read as 2920 follows: 2930 147.92 ATTORNEY GENERAL. 2940 Upon request of the department the attorney general shall 2950 institute in the name of the state the proper proceedings 2960 against any person charged by the department with violating 2970 any provision of this or the following chapters of this 2980 subtitle, excluding chapters 152C and 152D. 2990 Sec. 27. Section 147.93, Code 1997, is amended to read as 3000 follows: 3010 147.93 PRIMA FACIE EVIDENCE. 3020 The opening of an office or place of business for the 3030 practice of any profession for which a license is required by 3040 this subtitle,excluding chapters 152C and 152D,the 3050 announcing to the public in any way the intention to practice 3060 any such profession, the use of any professional degree or 3070 designation, or of any sign, card, circular, device, or 3080 advertisement, as a practitioner of any such profession, or as 3090 a person skilled in the same, shall be prima facie evidence of 3100 engaging in the practice of such profession. 3110 Sec. 28. Section 147.111, Code 1997, is amended to read as 3120 follows: 3130 147.111 REPORT OF TREATMENT OF WOUNDS AND OTHER INJURIES. 3140 Any person licensed under the provisions of this subtitle,3150 excluding chapters 152C and 152D,who shall administer any 3160 treatment to any person suffering a gunshot or stab wound or 3170 other serious bodily injury, as defined in section 702.18, 3180 which appears to have been received in connection with the 3190 commission of a criminal offense, or to whom an application is 3200 made for treatment of any nature because of any such gunshot 3210 or stab wound or other serious injury, as defined in section 3220 702.18, shall at once but not later than twelve hours 3230 thereafter, report that fact to the law enforcement agency 3240 within whose jurisdiction the treatment was administered or an 3250 application therefor was made, or if ascertainable, to the law 3260 enforcement agency in whose jurisdiction the gunshot or stab 3270 wound or other serious bodily injury occurred, stating the 3280 name of such person, the person's residence if ascertainable, 3290 and giving a brief description of the gunshot or stab wound or 3300 other serious bodily injury. Any provision of law or rule of 3310 evidence relative to confidential communications is suspended 3320 insofar as the provisions of this section are concerned. 3330 Sec. 29. Section 152C.1, subsection 1, Code 1997, is 3340 amended to read as follows: 3350 1. "Board" means themassage therapy advisory board3360 established in section 152C.2board of examiners for massage 3370 therapy created under chapter 147. 3380 Sec. 30. Section 152C.1, subsection 2, Code 1997, is 3390 amended by striking the subsection. 3400 Sec. 31. Section 152C.3, subsection 1, Code 1997, is 3410 amended to read as follows: 3420 1. Thedepartmentboard shall adopt rules pursuant to 3430 chapter 17A establishing a procedure for licensing of massage 3440 therapists. License requirements shall include the following: 3450 a. Completion of a curriculum of massage education at a 3460 school approved by thedepartmentboard which requires for 3470 admission a diploma from an accredited high school or the 3480 equivalent and requires completion of at least five hundred 3490 hours of supervised academic instruction. However, 3500 educational requirements under this paragraph are subject to 3510 reduction by thedepartmentboard if, after public notice and 3520 hearing, thedepartmentboard determines that the welfare of 3530 the public may be adequately protected with fewer hours of 3540 education. 3550 b. Passage of an examination given or approved by the 3560departmentboard. 3570 c. Payment of a reasonable fee required by thedepartment3580 board which shall compensate and be retained by thedepartment3590 board for the costs of administering this chapter. 3600 Sec. 32. Section 152C.3, subsection 2, paragraph a, Code 3610 1997, is amended to read as follows: 3620 a. Requirements regarding completion of at least twelve 3630 hours of continuing education annually regarding subjects 3640 concerning massage and related techniques or the health and 3650 safety of the public, subject to reduction by thedepartment3660 board if, after public notice and hearing, thedepartment3670 board determines that the welfare of the public may be 3680 adequately protected with fewer hours. 3690 Sec. 33. Section 152C.3, subsection 3, Code 1997, is 3700 amended by striking the subsection. 3710 Sec. 34. Section 152C.4, Code 1997, is amended to read as 3720 follows: 3730 152C.4 EMPLOYMENT OF PERSON NOT LICENSED CIVIL PENALTY. 3740 A person as defined in section 4.1, who employs to provide 3750 services to other persons a person who is not licensed 3760 pursuant to this chapter, shall not use the initials "L.M.T." 3770 or the words "licensed massage therapist", "massage 3780 therapist", "masseur", or "masseuse", or any other words or 3790 titles which imply or represent that the person employed 3800 practices massage therapy. A person who violates this section 3810 is subject to imposition, at the discretion of the board, of a 3820 civil penalty not to exceed one thousand dollars. Each 3830 violation of this section is a separate offense. Each day a 3840 violation of this section occurs after citation by the board 3850 is a separate offense. Thedepartmentboard may inspect any 3860 facility which advertises or offers services purporting to be 3870 delivered by massage therapists. 3880 Sec. 35. Section 152C.7, Code 1997, is amended to read as 3890 follows: 3900 152C.7 SUSPENSION AND REVOCATION OF LICENSES. 3910 Thedepartmentboard may suspend, revoke, or impose 3920 probationary conditions upon a license issued pursuant to 3930 rules adopted in accordance with section 152C.3. 3940 Sec. 36. Section 152D.1, subsection 1, Code 1997, is 3950 amended to read as follows: 3960 1. "Board" means theathletic trainer advisory board3970 established pursuant to this chapterboard of examiners for 3980 athletic training created under chapter 147. 3990 Sec. 37. Section 152D.1, subsection 2, Code 1997, is 4000 amended by striking the subsection. 4010 Sec. 38. Section 152D.3, subsection 1, paragraphs a and b, 4020 Code 1997, are amended to read as follows: 4030 a. Graduation from an accredited college or university and 4040 compliance with the minimum athletic training curriculum 4050 requirements established by thedepartment in consultation4060 with theboard. 4070 b. Successful completion of an examination prepared or 4080 selected by thedepartment in consultation with theboard. 4090 Sec. 39. Section 152D.5, unnumbered paragraph 1, Code 4100 1997, is amended to read as follows: 4110 Thedepartment in consultation with theboard shall: 4120 Sec. 40. Section 152D.6, Code 1997, is amended to read as 4130 follows: 4140 152D.6 LICENSE SUSPENSION AND REVOCATION. 4150 A license issued by thedepartmentboard under the 4160 provisions of this chapter may be suspended or revoked, or 4170 renewal denied by thedepartmentboard, for violation of any 4180 provision of this chapter or section 147.55, section 272C.10, 4190 or rules adopted by thedepartmentboard. 4200 Sec. 41. Section 272C.1, subsection 6, paragraph ab, Code 4210 1997, is amended to read as follows: 4220 ab. TheIowa department of public healthboard of 4230 examiners for athletic training in licensing athletic trainers 4240 pursuant to chapter 152D. 4250 Sec. 42. Section 272C.1, subsection 6, Code 1997, is 4260 amended by adding the following new paragraph: 4270 NEW PARAGRAPH. ac. The board of examiners for massage 4280 therapy in licensing massage therapists pursuant to chapter 4290 152C. 4300 Sec. 43. Sections 152C.2 and 152D.7, Code 1997, are 4310 repealed. 4600 4610 4620 4630 MARY E. KRAMER 4640 President of the Senate 4650 4660 4670 4680 RON J. CORBETT 4690 Speaker of the House 4700 4710 I hereby certify that this bill originated in the Senate and 4720 is known as Senate File 2269, Seventy-seventh General Assembly. 4730 4740 4750 4760 MARY PAT GUNDERSON 4770 Secretary of the Senate 4780 Approved , 1998 4790 4800 4810 4820 TERRY E. BRANSTAD 4830 Governor
Text: SF02268 Text: SF02270 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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