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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, excluding chapters
290 152D and chapter 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, or social 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, or dietetics, 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, excluding
800 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, excluding
870 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 chapters
1470 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 chapters
1770 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 152C
1840 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 and
2290 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 152C
2680 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 chapters
2790 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 the massage therapy advisory board
3360 established in section 152C.2 board 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. The department board 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 the department board 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 the department board if, after public notice and
3520 hearing, the department board 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
3560 department board.
3570 c. Payment of a reasonable fee required by the department
3580 board which shall compensate and be retained by the department
3590 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 the department
3660 board if, after public notice and hearing, the department
3670 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. The department board 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 The department board 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 the athletic trainer advisory board
3970 established pursuant to this chapter board 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 the department in consultation
4060 with the board.
4070 b. Successful completion of an examination prepared or
4080 selected by the department in consultation with the board.
4090 Sec. 39. Section 152D.5, unnumbered paragraph 1, Code
4100 1997, is amended to read as follows:
4110 The department in consultation with the board 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 the department board under the
4160 provisions of this chapter may be suspended or revoked, or
4170 renewal denied by the department board, for violation of any
4180 provision of this chapter or section 147.55, section 272C.10,
4190 or rules adopted by the department board.
4200 Sec. 41. Section 272C.1, subsection 6, paragraph ab, Code
4210 1997, is amended to read as follows:
4220 ab. The Iowa department of public health board 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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