Text: SF00293 Text: SF00295 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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1 1 Section 1. CONSUMER HEALTH FREEDOM ACT – LEGISLATIVE
1 2 FINDINGS.
1 3 1. SHORT TITLE. This Act shall be known and may be cited
1 4 as the "Consumer Health Freedom Act".
1 5 2. LEGISLATIVE INTENT. The general assembly finds that,
1 6 based upon a comprehensive report by the national institute of
1 7 health, studies published by the New England journal of
1 8 medicine and the journal of the American medical association,
1 9 and other research data, it is evident that hundreds of
1 10 thousands of citizens of this state are presently receiving a
1 11 substantial volume of health care from complementary and
1 12 alternative health care providers. The report and studies
1 13 further indicate that individuals utilizing complementary and
1 14 alternative health care comprise a wide variety of age,
1 15 ethnic, socioeconomic, and other demographic categories.
1 16 Notwithstanding the widespread utilization of complementary
1 17 and alternative health care by citizens of this state, the
1 18 provision of this care may be in technical violation of the
1 19 provisions governing the licensing of health care
1 20 professionals delineated in Title IV, subtitle 3. Unlicensed
1 21 complementary and alternative health care providers could
1 22 therefore be subject to fines, penalties, and the restriction
1 23 of their practice, without a demonstration that their practice
1 24 poses an imminent and discernable risk of significant harm to
1 25 public health and safety.
1 26 Due to current research on complementary approaches to
1 27 health by this state's Maharishi university of management in
1 28 conjunction with the national institutes of health, the
1 29 university of Iowa, and other major research institutions, the
1 30 laws of this state should reflect the state's emergence as a
1 31 national leader in the recognition, research, and
1 32 implementation of complementary and alternative health care.
1 33 The general assembly finds that the unlicensed practice of
1 34 complementary and alternative health care is not harmful to
1 35 public health and safety, and intends, by the enactment of
2 1 this Act, to protect freedom of access to complementary and
2 2 alternative health care.
2 3 Sec. 2. NEW SECTION. 147.86A PROVISIONS NOT APPLICABLE.
2 4 The provisions of this chapter, or any chapter contained in
2 5 Title IV, subtitle 3, licensing a health care provider shall
2 6 not be construed to prohibit the practice of complementary and
2 7 alternative health care diagnoses and treatment by an
2 8 unlicensed person provided that the requirements of section
2 9 147.105 are met. The penalty provisions of section 147.86, or
2 10 specific penalty provisions contained within an otherwise
2 11 applicable licensing chapter, shall not apply to the practice
2 12 of complementary and alternative health care diagnoses and
2 13 treatment, subject to section 147.105, subsection 3.
2 14 Sec. 3. NEW SECTION. 147.105 COMPLEMENTARY AND
2 15 ALTERNATIVE HEALTH CARE.
2 16 1. As used in this section, and section 147.86A,
2 17 "complementary and alternative health care" means a group of
2 18 medical, health care, and healing systems other than those
2 19 included in conventional health care which encompass theories,
2 20 modalities, products, and practices used to treat illness and
2 21 promote health and well-being. Common characteristics of
2 22 complementary and alternative health care include a focus on
2 23 individualizing treatments, treating the whole person,
2 24 promoting self-care and self-healing, and recognizing the
2 25 spiritual nature of each individual. Complementary and
2 26 alternative health care includes, but is not limited to, the
2 27 following:
2 28 a. Alternative health care systems, including ayurvedic
2 29 medicine, homeopathic medicine, Native American medicine,
2 30 naturopathic medicine, traditional Chinese medicine, and
2 31 Chinese herbal medicine.
2 32 b. Mind-body interventions, including meditation,
2 33 hypnosis, guided imagery, dance therapy, music therapy, art
2 34 therapy, and prayer and mental healing.
2 35 c. Biological-based therapies, including herbal therapies,
3 1 dietary therapy, or individual biological therapies such as
3 2 bee pollen.
3 3 d. Massage, body work, and somatic movement therapies
3 4 including alexander, feldenkrais, reflexology, and
3 5 hydrotherapy.
3 6 e. Energy therapies including reiki, touch for health,
3 7 breathwork, and biofield therapeutics.
3 8 f. Bioelectromagnetic or magnet therapy.
3 9 2. Complementary and alternative health care diagnoses and
3 10 treatment may be provided by a person who is not a licensed
3 11 health care provider in this state pursuant to the licensure
3 12 provisions of any of the chapters of Title IV, subtitle 3,
3 13 provided that the following requirements are met:
3 14 a. Prior to the provision of complementary and alternative
3 15 health care, a provider of such care shall supply a
3 16 prospective client with a plainly worded written statement
3 17 disclosing:
3 18 (1) That the provider is not a licensed health care
3 19 provider pursuant to the licensure provisions of any of the
3 20 chapters of Title IV, subtitle 3.
3 21 (2) The nature of the complementary and alternative health
3 22 care diagnoses and treatment to be provided.
3 23 (3) The education, training, experience, or other
3 24 credentials or qualifications of the provider regarding the
3 25 complementary and alternative health care being provided,
3 26 accompanied by the following statement:
3 27 "The state of Iowa has not adopted educational and training
3 28 standards for unlicensed complementary and alternative health
3 29 care providers. This statement of credentials is for
3 30 informational purposes only. If a client wishes to receive
3 31 health care from a licensed health care provider, the client
3 32 may seek such care at any time. Clients receiving treatment
3 33 from a licensed provider of health care should consult with a
3 34 licensed provider before modifying or discontinuing such
3 35 treatment."
4 1 b. A written acknowledgment shall be obtained from the
4 2 prospective client indicating that the prospective client has
4 3 been provided with the statement required by paragraph "a".
4 4 The acknowledgment shall be maintained by the provider for a
4 5 two-year period. A copy of the acknowledgment shall be
4 6 provided to the prospective client.
4 7 c. Any advertisement by the complementary or alternative
4 8 health care provider regarding such care shall disclose that
4 9 the provider has not been issued a license to practice a
4 10 health care profession in this state.
4 11 3. A person providing complementary and alternative health
4 12 care diagnoses and treatment shall be subject to the penalty
4 13 provision of section 147.86, and specific penalty provisions
4 14 pursuant to the applicable licensing chapter contained within
4 15 Title IV, subtitle 3, if that person does any of the
4 16 following:
4 17 a. Fails to comply with the provisions of subsection 2.
4 18 b. Conducts surgery or any other procedure on any person
4 19 that harmfully invades the skin.
4 20 c. Prescribes or administers x-ray radiation.
4 21 d. Prescribes or administers drugs or controlled
4 22 substances for which a prescription by a licensed health care
4 23 provider is required.
4 24 e. Willfully administers a diagnostic procedure or
4 25 treatment that causes an imminent and discernable risk of
4 26 serious bodily injury, serious physical or mental illness, or
4 27 death.
4 28 f. Represents, states, indicates, advertises, or implies
4 29 that the person has been issued a license to practice a health
4 30 care profession in this state, except as provided in section
4 31 147.105.
4 32 EXPLANATION
4 33 This bill relates to the provision of complementary and
4 34 alternative health care diagnoses and treatment by unlicensed
4 35 persons.
5 1 The bill provides intent language recognizing that many
5 2 citizens of this state obtain complementary and alternative
5 3 health care, that the provision of this care subjects
5 4 unlicensed providers of the care to fines, penalties, and the
5 5 restriction of their practice without a demonstration that the
5 6 practice poses an imminent and discernable risk of significant
5 7 harm to public health and safety, and that the unlicensed
5 8 practice of complementary and alternative health care
5 9 diagnoses and treatment is not harmful to public health and
5 10 safety.
5 11 The bill provides that the provisions of Code Title IV,
5 12 subtitle 3, dealing with the licensing of health care
5 13 providers, including penalty provisions, shall not apply to
5 14 the provision of complementary and alternative health care
5 15 diagnoses and treatment by unlicensed persons, if the
5 16 requirements of new Code section 147.105 governing the
5 17 provision of such care are met.
5 18 The bill provides a definition of complementary and
5 19 alternative health care that refers to a group of medical,
5 20 health care, and healing systems other than those included in
5 21 conventional health care. The bill provides that these
5 22 services encompass theories, modalities, products, and
5 23 practices used to treat illness and promote health and well-
5 24 being, and include a focus on individualizing treatments,
5 25 treating the whole person, promoting self-care and self-
5 26 healing, and recognizing the spiritual nature of each
5 27 individual. The bill provides examples of these services.
5 28 The bill provides that several requirements apply to the
5 29 provision of complementary and alternative health care
5 30 diagnoses and treatment. The bill provides that prior to the
5 31 provision of the care, a provider of such care shall supply a
5 32 prospective client with a plainly worded written statement
5 33 disclosing that the provider is not a licensed health care
5 34 provider, the nature of the complementary and alternative
5 35 health care diagnoses and treatment to be provided, and the
6 1 provider's education, training, experience, or other
6 2 credentials or qualifications. The bill provides specific
6 3 wording regarding this statement of credentials. The bill
6 4 provides that a written acknowledgment shall be obtained from
6 5 the prospective client indicating that the prospective client
6 6 has been provided with the statement, and that any
6 7 advertisement by the complementary or alternative health care
6 8 provider regarding such care shall disclose that the provider
6 9 has not been issued a license to practice a health care
6 10 profession in this state.
6 11 The bill provides that current Code penalty provisions
6 12 shall apply if a specified list of unauthorized practices is
6 13 engaged in.
6 14 LSB 2514SS 80
6 15 rn/sh/8.1
Text: SF00293 Text: SF00295 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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