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PAG LIN
1 1 HOUSE FILE 2105
1 2
1 3 AN ACT
1 4 ADOPTING THE NURSE LICENSURE COMPACT.
1 5
1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 7
1 8 Section 1. Section 147.2, Code 1999, is amended by adding
1 9 the following new unnumbered paragraph:
1 10 NEW UNNUMBERED PARAGRAPH. For purposes of this section, a
1 11 person who is licensed in another state and recognized for
1 12 licensure in this state pursuant to the nurse licensure
1 13 compact contained in section 152E.1 shall be considered to
1 14 have obtained a license to practice nursing from the
1 15 department.
1 16 Sec. 2. Section 147.5, Code 1999, is amended by adding the
1 17 following new unnumbered paragraph:
1 18 NEW UNNUMBERED PARAGRAPH. This section shall not apply to
1 19 a person who is licensed in another state and recognized for
1 20 licensure in this state pursuant to the nurse licensure
1 21 compact contained in section 152E.1.
1 22 Sec. 3. Section 147.7, Code 1999, is amended by adding the
1 23 following new unnumbered paragraph:
1 24 NEW UNNUMBERED PARAGRAPH. This section shall not apply to
1 25 a person who is licensed in another state and recognized for
1 26 licensure in this state pursuant to the nurse licensure
1 27 compact contained in section 152E.1. A person licensed in
1 28 another state and recognized for licensure in this state
1 29 pursuant to the compact shall, however, maintain a copy of a
1 30 license issued by the person's home state available for
1 31 inspection when engaged in the practice of nursing in this
1 32 state.
1 33 Sec. 4. Section 152.6, Code 1999, is amended to read as
1 34 follows:
1 35 152.6 LICENSES – PROFESSIONAL ABBREVIATIONS.
2 1 The board may license a natural person to practice as a
2 2 registered nurse or as a licensed practical nurse. However,
2 3 only a person currently licensed as a registered nurse in this
2 4 state may use that title and the abbreviation "RN" after the
2 5 person's name and only a person currently licensed as a
2 6 licensed practical nurse in this state may use that title and
2 7 the abbreviation "LPN" after the person's name. For purposes
2 8 of this section, "currently licensed" includes persons
2 9 licensed in another state and recognized for licensure in this
2 10 state pursuant to the nurse licensure compact contained in
2 11 section 152E.1.
2 12 Sec. 5. Section 152.7, Code 1999, is amended by adding the
2 13 following new unnumbered paragraph:
2 14 NEW UNNUMBERED PARAGRAPH. For purposes of licensure
2 15 pursuant to the nurse licensure compact contained in section
2 16 152E.1, the compact administrator may refuse to accept a
2 17 change in the qualifications for licensure as a registered
2 18 nurse or as a licensed practical or vocational nurse by a
2 19 licensing authority in another state which is a party to the
2 20 compact which substantially modifies that state's
2 21 qualifications for licensure in effect on July 1, 2000. A
2 22 refusal to accept a change in a party state's qualifications
2 23 for licensure may result in submitting the issue to an
2 24 arbitration panel or in withdrawal from the compact, in the
2 25 discretion of the compact administrator.
2 26 Sec. 6. Section 152.8, Code 1999, is amended by striking
2 27 the section and inserting in lieu thereof the following:
2 28 152.8 RECIPROCITY.
2 29 Notwithstanding the provisions of sections 147.44 through
2 30 147.54, the following shall apply regarding applicants for
2 31 nurse licensure possessing a license from another state:
2 32 1. A license possessed by an applicant from a state which
2 33 has not adopted the nurse licensure compact contained in
2 34 section 152E.1 shall be recognized by the board under
2 35 conditions specified which indicate that the licensee meets
3 1 all the qualifications required under section 152.7. If a
3 2 foreign license is recognized, the board may issue a license
3 3 by endorsement without an examination being required.
3 4 Recognition shall be based on whether the foreign licensee is
3 5 qualified to practice nursing. The board may issue a
3 6 temporary license to a natural person who has completed the
3 7 requirements of and applied for licensure by endorsement. The
3 8 board shall determine the length of time a temporary license
3 9 shall remain effective.
3 10 2. A license possessed by an applicant and issued by a
3 11 state which has adopted the nurse licensure compact contained
3 12 in section 152E.1 shall be recognized pursuant to the
3 13 provisions of that section.
3 14 Sec. 7. Section 152.10, subsection 2, paragraph d, Code
3 15 1999, is amended to read as follows:
3 16 d. (1) Having a license to practice nursing as a
3 17 registered nurse or licensed practical nurse revoked or
3 18 suspended, or having other disciplinary action taken by a
3 19 licensing authority of another state, territory, or country.
3 20 A certified copy of the record or order of suspension,
3 21 revocation, or disciplinary action is prima facie evidence of
3 22 such fact.
3 23 (2) Having a license to practice nursing as a registered
3 24 nurse or licensed practical nurse revoked or suspended, or
3 25 having other disciplinary action taken, by a licensing
3 26 authority in another state which has adopted the nurse
3 27 licensure compact contained in section 152E.1 and which has
3 28 communicated information relating to such action pursuant to
3 29 the coordinated licensure information system established by
3 30 the compact. If the action taken by the licensing authority
3 31 occurs in a jurisdiction which does not afford the procedural
3 32 protections of chapter 17A, the licensee may object to the
3 33 communicated information and shall be afforded the procedural
3 34 protections of chapter 17A.
3 35 Sec. 8. NEW SECTION. 152E.1 FORM OF COMPACT.
4 1 The nurse licensure compact is entered into and enacted
4 2 into law with all jurisdictions legally joining therein, in
4 3 the form substantially as follows:
4 4 ARTICLE I – FINDINGS AND PURPOSE
4 5 a. The party states find all of the following:
4 6 1. The health and safety of the public are affected by the
4 7 degree of compliance with and the effectiveness of enforcement
4 8 activities related to state nurse licensure laws.
4 9 2. Violations of nurse licensure and other laws regulating
4 10 the practice of nursing may result in injury or harm to the
4 11 public.
4 12 3. The expanded mobility of nurses and the use of advanced
4 13 communication technologies as part of our nation's health care
4 14 delivery system require greater coordination and cooperation
4 15 among states in the areas of nurse licensure and regulation.
4 16 4. New practice modalities and technology make compliance
4 17 with individual state nurse licensure laws difficult and
4 18 complex.
4 19 5. The current system of duplicative licensure for nurses
4 20 practicing in multiple states is cumbersome and redundant to
4 21 both nurses and states.
4 22 b. The general purposes of this compact are to:
4 23 1. Facilitate the states' responsibility to protect the
4 24 public's health and safety.
4 25 2. Ensure and encourage the cooperation of party states in
4 26 the areas of nurse licensure and regulation.
4 27 3. Facilitate the exchange of information between party
4 28 states in the areas of nurse regulation, investigation, and
4 29 adverse actions.
4 30 4. Promote compliance with the laws governing the practice
4 31 of nursing in each jurisdiction.
4 32 5. Invest all party states with the authority to hold a
4 33 nurse accountable for meeting all state practice laws in the
4 34 state in which the patient is located at the time care is
4 35 rendered through the mutual recognition of party state
5 1 licenses.
5 2 ARTICLE II – DEFINITIONS
5 3 As used in this compact:
5 4 a. "Adverse action" means a home or remote state action.
5 5 b. "Alternative program" means a voluntary,
5 6 nondisciplinary monitoring program approved by a nurse
5 7 licensing board.
5 8 c. "Coordinated licensure information system" means an
5 9 integrated process for collecting, storing, and sharing
5 10 information on nurse licensure and enforcement activities
5 11 related to nurse licensure laws, which is administered by a
5 12 nonprofit organization composed of and controlled by state
5 13 nurse licensing boards.
5 14 d. "Current significant investigative information" means
5 15 either of the following:
5 16 1. Investigative information that a licensing board, after
5 17 a preliminary inquiry that includes notification and an
5 18 opportunity for the nurse to respond if required by state law,
5 19 has reason to believe is not groundless and, if proved true,
5 20 would indicate more than a minor infraction.
5 21 2. Investigative information that indicates that the nurse
5 22 represents an immediate threat to public health and safety
5 23 regardless of whether the nurse has been notified and had an
5 24 opportunity to respond.
5 25 e. "Home state" means the party state which is the nurse's
5 26 primary state of residence.
5 27 f. "Home state action" means any administrative, civil,
5 28 equitable, or criminal action permitted by the home state's
5 29 laws which are imposed on a nurse by the home state's
5 30 licensing board or other authority, including actions against
5 31 an individual's license such as revocation, suspension,
5 32 probation, or any other action which affects a nurse's
5 33 authorization to practice.
5 34 g. "Licensing board" means a party state's regulatory body
5 35 responsible for issuing nurse licenses.
6 1 h. "Multistate licensure privilege" means current,
6 2 official authority from a remote state permitting the practice
6 3 of nursing as either a registered nurse or a licensed
6 4 practical or vocational nurse in such party state. All party
6 5 states have the authority, in accordance with existing state
6 6 due process law, to take actions against the nurse's privilege
6 7 such as revocation, suspension, probation, or any other action
6 8 which affects a nurse's authorization to practice.
6 9 i. "Nurse" means a registered nurse or licensed practical
6 10 or vocational nurse, as those terms are defined by each
6 11 party's state practice laws.
6 12 j. "Party state" means any state that has adopted this
6 13 compact.
6 14 k. "Remote state" means a party state, other than the home
6 15 state, where either of the following applies:
6 16 1. Where the patient is located at the time nursing care
6 17 is provided.
6 18 2. In the case of the practice of nursing not involving a
6 19 patient, in such party state where the recipient of nursing
6 20 practice is located.
6 21 l. "Remote state action" means either of the following:
6 22 1. Any administrative, civil, equitable, or criminal
6 23 action permitted by a remote state's laws which are imposed on
6 24 a nurse by the remote state's licensing board or other
6 25 authority, including actions against an individual's
6 26 multistate licensure privilege to practice in the remote
6 27 state.
6 28 2. Cease and desist and other injunctive or equitable
6 29 orders issued by remote states or the licensing boards' remote
6 30 states.
6 31 m. "State" means a state, territory, or possession of the
6 32 United States, the District of Columbia, or the Commonwealth
6 33 of Puerto Rico.
6 34 n. "State practice laws" means those individual party's
6 35 state laws and regulations that govern the practice of
7 1 nursing, define the scope of nursing practice, and create the
7 2 methods and grounds for imposing discipline. "State practice
7 3 laws" does not include the initial qualifications for
7 4 licensure or requirements necessary to obtain and retain a
7 5 license, except for qualifications or requirements of the home
7 6 state.
7 7 ARTICLE III – GENERAL PROVISIONS AND JURISDICTION
7 8 a. A license to practice registered nursing issued by a
7 9 home state to a resident in that state will be recognized by
7 10 each party state as authorizing a multistate licensure
7 11 privilege to practice as a registered nurse in such party
7 12 state. A license to practice licensed practical or vocational
7 13 nursing issued by a home state to a resident in that state
7 14 will be recognized by each party state as authorized a
7 15 multistate licensure privilege to practice as a licensed
7 16 practical or vocational nurse in such party state. In order
7 17 to obtain or retain a license, an applicant must meet the home
7 18 state's qualifications for licensure and license renewal as
7 19 well as all other applicable state laws.
7 20 b. Party states may, in accordance with state due process
7 21 laws, limit or revoke the multistate licensure privilege of
7 22 any nurse to practice in their state and may take any other
7 23 actions under their applicable state laws necessary to protect
7 24 the health and safety of their citizens. If a party state
7 25 takes such action, it shall promptly notify the administrator
7 26 of the coordinated licensure information system. The
7 27 administrator of the coordinated licensure information system
7 28 shall promptly notify the home state of any such actions by
7 29 remote states.
7 30 c. Every nurse practicing in a party state must comply
7 31 with the state practice laws of the state in which the patient
7 32 is located at the time care is rendered. In addition, the
7 33 practice of nursing is not limited to patient care, but shall
7 34 include all nursing practice as defined by the state practice
7 35 laws of a party state. The practice of nursing subjects a
8 1 nurse to the jurisdiction of the nurse licensing board and the
8 2 courts, as well as the laws, in that party state.
8 3 d. This compact does not affect additional requirements
8 4 imposed by states for advanced practice registered nursing.
8 5 However, a multistate licensure privilege to practice
8 6 registered nursing granted by a party state shall be
8 7 recognized by other party states as a license to practice
8 8 registered nursing if one is required by state law as a
8 9 precondition for qualifying for advanced practice registered
8 10 nurse authorization.
8 11 e. Individuals not residing in a party state shall
8 12 continue to be able to apply for nurse licensure as provided
8 13 for under the laws of each party state. However, the license
8 14 granted to these individuals will not be recognized as
8 15 granting the privilege to practice nursing in any other party
8 16 state unless explicitly agreed to by that party state.
8 17 ARTICLE IV – APPLICATIONS FOR LICENSURE IN A PARTY STATE
8 18 a. Upon application for a license, the licensing board in
8 19 a party state shall ascertain, through the coordinated
8 20 licensure information system, whether the applicant has ever
8 21 held, or is the holder of, a license issued by any other
8 22 state, whether there are any restrictions on the multistate
8 23 licensure privilege, and whether any other adverse action by
8 24 any state has been taken against the license.
8 25 b. A nurse in a party state shall hold licensure in only
8 26 one party state at a time, issued by the home state.
8 27 c. A nurse who intends to change primary state of
8 28 residence may apply for licensure in the new home state in
8 29 advance of such change. However, new licenses will not be
8 30 issued by a party state until after a nurse provides evidence
8 31 of change in primary state of residence satisfactory to the
8 32 new home state's licensing board.
8 33 d. 1. If a nurse changes primary state of residence by
8 34 moving between two party states, and obtains a license from
8 35 the new home state, the license from the former home state is
9 1 no longer valid.
9 2 2. If a nurse changes primary state of residence by moving
9 3 from a nonparty state to a party state, and obtains a license
9 4 from the new home state, the individual state license issued
9 5 by the nonparty state is not affected and will remain in full
9 6 force if so provided by the laws of the nonparty state.
9 7 3. If a nurse changes primary state of residence by moving
9 8 from a party state to a nonparty state, the license issued by
9 9 the prior home state converts to an individual state license,
9 10 valid only in the former home state, without the multistate
9 11 licensure privilege to practice in other party states.
9 12 ARTICLE V – ADVERSE ACTIONS
9 13 In addition to the general provisions described in article
9 14 III, the following provisions apply:
9 15 a. The licensing board of a remote state shall promptly
9 16 report to the administrator of the coordinated licensure
9 17 information system any remote state actions, including the
9 18 factual and legal basis for such action, if known. The
9 19 licensing board of a remote state shall also promptly report
9 20 any significant current investigative information yet to
9 21 result in a remote state action. The administrator of the
9 22 coordinated licensure information system shall promptly notify
9 23 the home state of any such reports.
9 24 b. The licensing board of a party state shall have the
9 25 authority to complete any pending investigations for a nurse
9 26 who changes primary state of residence during the course of
9 27 such investigations. It shall also have the authority to take
9 28 appropriate action and shall promptly report the conclusions
9 29 of such investigations to the administrator of the coordinated
9 30 licensure information system. The administrator of the
9 31 coordinated licensure information system shall promptly notify
9 32 the new home state of any such actions.
9 33 c. A remote state may take adverse action affecting the
9 34 multistate licensure privilege to practice within that party
9 35 state. However, only the home state shall have the power to
10 1 impose adverse action against the license issued by the home
10 2 state.
10 3 d. For purposes of imposing adverse action, the licensing
10 4 board of the home state shall give the same priority and
10 5 effect to reported conduct received from a remote state as it
10 6 would if such conduct had occurred within the home state. In
10 7 so doing, it shall apply its own state laws to determine
10 8 appropriate action.
10 9 e. The home state may take adverse action based on the
10 10 factual findings of the remote state, so long as each state
10 11 follows its own procedures for imposing such adverse action.
10 12 f. Nothing in this compact shall override a party state's
10 13 decision that participation in an alternative program may be
10 14 used in lieu of licensure action and that such participation
10 15 shall remain nonpublic if required by the party state's laws.
10 16 Party states must require nurses who enter any alternative
10 17 programs to agree not to practice in any other party state
10 18 during the term of the alternative program without prior
10 19 authorization from such other party state.
10 20 ARTICLE VI – ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE
10 21 NURSE LICENSING BOARDS
10 22 Notwithstanding any other powers, party state nurse
10 23 licensing boards shall have the authority to do all of the
10 24 following:
10 25 a. If otherwise permitted by state law, recover from the
10 26 affected nurse the costs of investigations and disposition of
10 27 cases resulting from any adverse action taken against that
10 28 nurse.
10 29 b. Issue subpoenas for both hearings and investigations
10 30 which require the attendance and testimony of witnesses, and
10 31 the production of evidence. Subpoenas issued by a nurse
10 32 licensing board in a party state for the attendance and
10 33 testimony of witnesses or the production of evidence from
10 34 another party state shall be enforced in the latter state by
10 35 any court of competent jurisdiction, according to the practice
11 1 and procedure of that court applicable to subpoenas issued in
11 2 proceedings pending before it. The issuing authority shall
11 3 pay any witness fees, travel expenses, mileage, and other fees
11 4 required by the service statutes of the state where the
11 5 witnesses or evidence is located.
11 6 c. Issue cease and desist orders or limit or revoke a
11 7 nurse's authority to practice in the nurse's state.
11 8 d. Promulgate uniform rules and regulations as provided
11 9 for in article VIII, section c.
11 10 ARTICLE VII – COORDINATED LICENSURE INFORMATION SYSTEM
11 11 a. All party states shall participate in a cooperative
11 12 effort to create a coordinated database of all licensed
11 13 registered nurses and licensed practical or vocational nurses.
11 14 This system will include information on the licensure and
11 15 disciplinary history of each nurse, as contributed by party
11 16 states, to assist in the coordination of nurse licensure and
11 17 enforcement efforts.
11 18 b. Notwithstanding any other provision of law, all party
11 19 states' licensing boards shall promptly report adverse
11 20 actions, actions against multistate licensure privileges, any
11 21 current significant investigative information yet to result in
11 22 adverse action, denials of applications, and the reasons for
11 23 such denials, to the coordinated licensure information system.
11 24 c. Current significant investigative information shall be
11 25 transmitted through the coordinated licensure information
11 26 system only to party state licensing boards.
11 27 d. Notwithstanding any other provision of law, all party
11 28 states' licensing boards contributing information to the
11 29 coordinated licensure information system may designate
11 30 information that may not be shared with nonparty states or
11 31 disclosed to other entities or individuals without the express
11 32 permission of the contributing state.
11 33 e. Any personally identifiable information obtained by a
11 34 party state's licensing board from the coordinated licensure
11 35 information system shall not be shared with nonparty states or
12 1 disclosed to other entities or individuals except to the
12 2 extent permitted by the laws of the party state contributing
12 3 the information.
12 4 f. Any information contributed to the coordinated
12 5 licensure information system that is subsequently required to
12 6 be expunged by the laws of the party state contributing that
12 7 information shall also be expunged from the coordinated
12 8 licensure information system.
12 9 g. The compact administrators, acting jointly with each
12 10 other and in consultation with the administrator of the
12 11 coordinated licensure information system, shall formulate
12 12 necessary and proper procedures for the identification,
12 13 collection, and exchange of information under this compact.
12 14 ARTICLE VIII – COMPACT ADMINISTRATION AND INTERCHANGE OF
12 15 INFORMATION
12 16 a. The head of the nurse licensing board, or the head's
12 17 designee, of each party state shall be the administrator of
12 18 this compact for the head's state.
12 19 b. The compact administrator of each party state shall
12 20 furnish to the compact administrator of each other party state
12 21 any information and documents including, but not limited to, a
12 22 uniform data set of investigations, identifying information,
12 23 licensure data, and disclosable alternative program
12 24 participation information to facilitate the administration of
12 25 this compact.
12 26 c. Compact administrators shall have the authority to
12 27 develop uniform rules to facilitate and coordinate
12 28 implementation of this compact. These uniform rules shall be
12 29 adopted by party states, under the authority invested under
12 30 article VI, section d.
12 31 ARTICLE IX – IMMUNITY
12 32 A party state or the officers or employees or agents of a
12 33 party state's nurse licensing board who acts in accordance
12 34 with the provisions of this compact shall not be liable on
12 35 account of any act or omission in good faith while engaged in
13 1 the performance of their duties under this compact. Good
13 2 faith in this article shall not include willful misconduct,
13 3 gross negligence, or recklessness.
13 4 ARTICLE X – ENTRY INTO FORCE, WITHDRAWAL, AND AMENDMENT
13 5 a. This compact shall enter into force and become
13 6 effective as to any state when it has been enacted into the
13 7 laws of that state. Any party state may withdraw from this
13 8 compact by enacting a statute repealing the same, but such
13 9 withdrawal shall not take effect until six months after the
13 10 withdrawing state has given notice of the withdrawal to the
13 11 executive heads of all other party states.
13 12 b. Withdrawal shall not affect the validity or
13 13 applicability by the licensing boards of states remaining
13 14 party to the compact of any report of adverse action occurring
13 15 prior to the withdrawal.
13 16 c. This compact shall not be construed to invalidate or
13 17 prevent any nurse licensure agreement or other cooperative
13 18 arrangement between a party state and a nonparty state that is
13 19 made in accordance with the other provisions of this compact.
13 20 d. This compact may be amended by the party states. An
13 21 amendment to this compact shall not become effective and
13 22 binding upon the party states unless and until it is enacted
13 23 into the laws of all party states.
13 24 ARTICLE XI – CONSTRUCTION AND SEVERABILITY
13 25 a. This compact shall be liberally construed so as to
13 26 effectuate the purposes thereof. The provisions of this
13 27 compact shall be severable and if any phrase, clause,
13 28 sentence, or provision of this compact is declared to be
13 29 contrary to the constitution of any party state or of the
13 30 United States or the applicability thereof to any government,
13 31 agency, person, or circumstance is held invalid, the validity
13 32 of the remainder of this compact and the applicability thereof
13 33 to any government, agency, person, or circumstance shall not
13 34 be affected thereby. If this compact shall be held contrary
13 35 to the constitution of any party state, the compact shall
14 1 remain in full force and effect as to the remaining party
14 2 states and in full force and effect as to the party state
14 3 affected as to all severable matters.
14 4 b. 1. In the event party states find a need for settling
14 5 disputes arising under this compact, the party states may
14 6 submit the issues in dispute to an arbitration panel which
14 7 shall be comprised of an individual appointed by the compact
14 8 administrator in the home state, an individual appointed by
14 9 the compact administrator in the remote state or states
14 10 involved, and an individual mutually agreed upon by the
14 11 compact administrators of all the party states involved in the
14 12 dispute.
14 13 2. The decision of a majority of the arbitrators shall be
14 14 final and binding.
14 15 Sec. 9. NEW SECTION. 152E.2 COMPACT ADMINISTRATOR.
14 16 The executive director of the board of nursing, as provided
14 17 for in section 152.2, shall serve as the compact administrator
14 18 identified in article VIII, section a, of the nurse licensure
14 19 compact contained in section 152E.1.
14 20 Sec. 10. Section 272C.3, subsection 2, paragraph a, Code
14 21 1999, is amended to read as follows:
14 22 a. Revoke a license, or suspend a license either until
14 23 further order of the board or for a specified period, upon any
14 24 of the grounds specified in section 147.55, 148.6, 148B.7,
14 25 152.10, 153.34, 154A.24, 169.13, 542B.21, 542C.21, 543B.29,
14 26 544A.13, 544B.15, or 602.3203 or chapter 151, 155, 507B or
14 27 522, as applicable, or upon any other grounds specifically
14 28 provided for in this chapter for revocation of the license of
14 29 a licensee subject to the jurisdiction of that board, or upon
14 30 failure of the licensee to comply with a decision of the board
14 31 imposing licensee discipline;
14 32 Sec. 11. Section 272C.4, subsection 6, Code 1999, is
14 33 amended to read as follows:
14 34 6. Define by rule acts or omissions which are grounds for
14 35 revocation or suspension of a license under section 147.55,
15 1 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.191,
15 2 542B.21, 542C.21, 543B.29, 544A.13, 544B.15, or 602.3203 or
15 3 chapter 151, 155, 507B or 522, as applicable, and to define by
15 4 rule acts or omissions which constitute negligence, careless
15 5 acts or omissions within the meaning of section 272C.3,
15 6 subsection 2, paragraph "b", which licensees are required to
15 7 report to the board pursuant to section 272C.9, subsection 2;
15 8 Sec. 12. Section 272C.5, subsection 2, paragraph c, Code
15 9 1999, is amended to read as follows:
15 10 c. Shall state whether the procedures are an alternative
15 11 to or an addition to the procedures stated in sections 147.58
15 12 to 147.71, 148.6 to 148.9, 152.10 and 152.11, 153.23 to
15 13 153.30, 153.33, and 154A.23, 542B.22, 542C.23, 543B.35,
15 14 543B.36, 544B.16.
15 15 Sec. 13. Section 272C.6, subsection 4, unnumbered
15 16 paragraph 1, Code 1999, is amended to read as follows:
15 17 In order to assure a free flow of information for
15 18 accomplishing the purposes of this section, and
15 19 notwithstanding section 622.10, all complaint files,
15 20 investigation files, other investigation reports, and other
15 21 investigative information in the possession of a licensing
15 22 board or peer review committee acting under the authority of a
15 23 licensing board or its employees or agents which relates to
15 24 licensee discipline are privileged and confidential, and are
15 25 not subject to discovery, subpoena, or other means of legal
15 26 compulsion for their release to a person other than the
15 27 licensee and the boards, their employees and agents involved
15 28 in licensee discipline, and are not admissible in evidence in
15 29 a judicial or administrative proceeding other than the
15 30 proceeding involving licensee discipline. However,
15 31 investigative information in the possession of a licensing
15 32 board or its employees or agents which relates to licensee
15 33 discipline may be disclosed to appropriate licensing
15 34 authorities within this state, the appropriate licensing
15 35 authority in another state, the coordinated licensure
16 1 information system provided for in the nurse licensure compact
16 2 contained in section 152E.1, the District of Columbia, or a
16 3 territory or country in which the licensee is licensed or has
16 4 applied for a license. If the investigative information in
16 5 the possession of a licensing board or its employees or agents
16 6 indicates a crime has been committed, the information shall be
16 7 reported to the proper law enforcement agency. However, a
16 8 final written decision and finding of fact of a licensing
16 9 board in a disciplinary proceeding, including a decision
16 10 referred to in section 272C.3, subsection 4, is a public
16 11 record.
16 12
16 13
16 14
16 15 BRENT SIEGRIST
16 16 Speaker of the House
16 17
16 18
16 19
16 20 MARY E. KRAMER
16 21 President of the Senate
16 22
16 23 I hereby certify that this bill originated in the House and
16 24 is known as House File 2105, Seventy-eighth General Assembly.
16 25
16 26
16 27
16 28 ELIZABETH ISAACSON
16 29 Chief Clerk of the House
16 30 Approved , 2000
16 31
16 32
16 33
16 34 THOMAS J. VILSACK
16 35 Governor
Text: HF02104 Text: HF02106 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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