CHAPTER 147
GENERAL PROVISIONS, HEALTH-RELATED PROFESSIONS

 
Continuing education and regulation; see chapter 272C

DEFINITIONS

  147.1  Definitions.
  For the purpose of this subtitle:
  1.  “Board” means one of the boards enumerated in section 147.13 or any other board established in this subtitle whose members are appointed by the governor to license applicants and impose licensee discipline as authorized by law.
  2.  “Department” means the department of public health.
  3.  “Licensed” or “certified”, when applied to a physician and surgeon, podiatric physician, osteopathic physician and surgeon, physician assistant, psychologist, chiropractor, nurse, dentist, dental hygienist, dental assistant, optometrist, speech pathologist, audiologist, pharmacist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, orthotist, prosthetist, pedorthist, respiratory care practitioner, practitioner of cosmetology arts and sciences, practitioner of barbering, funeral director, dietitian, marital and family therapist, mental health counselor, respiratory care and polysomnography practitioner, polysomnographic technologist, social worker, massage therapist, athletic trainer, acupuncturist, nursing home administrator, hearing aid specialist, or sign language interpreter or transliterator means a person licensed under this subtitle.
  4.  “Peer review” means evaluation of professional services rendered by a person licensed to practice a profession.
  5.  “Peer review committee” means one or more persons acting in a peer review capacity who also serve as an officer, director, trustee, agent, or member of any of the following:
  a.  A state or local professional society of a profession for which there is peer review.
  b.  Any organization approved to conduct peer review by a society as designated in paragraph “a” of this subsection.
  c.  The medical staff of any licensed hospital.
  d.  A board enumerated in section 147.13 or any other board established in this subtitle which is appointed by the governor to license applicants and impose licensee discipline as authorized by law.
  e.  The board of trustees of a licensed hospital when performing a function relating to the reporting required by section 147.135, subsection 3.
  f.  A health care entity, including but not limited to a group medical practice, that provides health care services and follows a formal peer review process for the purpose of furthering quality health care.
  6.  “Profession” means medicine and surgery, podiatry, osteopathic medicine and surgery, practice as a physician assistant, psychology, chiropractic, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, pharmacy, physical therapy, physical therapist assisting, occupational therapy, occupational therapy assisting, respiratory care, cosmetology arts and sciences, barbering, mortuary science, marital and family therapy, mental health counseling, polysomnography, social work, dietetics, massage therapy, athletic training, acupuncture, nursing home administration, practice as a hearing aid specialist, sign language interpreting or transliterating, orthotics, prosthetics, or pedorthics.
[C24, 27, 31, 35, 39, §2438; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.1]
84 Acts, ch 1075, §6
; 85 Acts, ch 168, §1
; 86 Acts, ch 1211, §13
; 87 Acts, ch 91, §6
; 88 Acts, ch 1225, §2
; 89 Acts, ch 89, §4, 5
; 91 Acts, ch 229, §1
; 92 Acts, ch 1205, §13
; 94 Acts, ch 1132, §10
; 95 Acts, ch 41, §8
; 95 Acts, ch 108, §3
; 96 Acts, ch 1036, §3, 4
; 96 Acts, ch 1109, §1
; 96 Acts, ch 1219, §20
; 98 Acts, ch 1053, §2, 3
; 2000 Acts, ch 1053, §1
; 2000 Acts, ch 1148, §1
; 2004 Acts, ch 1175, §419, 420, 433
; 2007 Acts, ch 10, §26, 27
; 2008 Acts, ch 1088, §1
; 2012 Acts, ch 1101, §1
; 2015 Acts, ch 30, §60
; 2015 Acts, ch 57, §1
; 2015 Acts, ch 70, §2

See Code editor’s note on simple harmonization
Unnumbered paragraph 1 amended
Subsections 3 and 6 amended
LICENSES

  147.2  License required.
  1.  A person shall not engage in the practice of medicine and surgery, podiatry, osteopathic medicine and surgery, psychology, chiropractic, physical therapy, physical therapist assisting, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, occupational therapy, occupational therapy assisting, orthotics, prosthetics, pedorthics, respiratory care, pharmacy, cosmetology arts and sciences, barbering, social work, dietetics, marital and family therapy or mental health counseling, massage therapy, mortuary science, athletic training, acupuncture, nursing home administration, or sign language interpreting or transliterating, or shall not practice as a physician assistant or a hearing aid specialist, unless the person has obtained a license for that purpose from the board for the profession.
  2.  For purposes of this section, a person who is licensed in another state and recognized for licensure in this state pursuant to the nurse licensure compact contained in section 152E.1 or pursuant to the advanced practice registered nurse compact contained in section 152E.3 shall be considered to have obtained a license to practice nursing.
[C97, §2582, 2588; S13, §2575-a28, -a31, -a36, 2582, 2583-a, -d, -r, 2600-o4; SS15, §2588; C24, 27, 31, 35, 39, §2439; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.2]
85 Acts, ch 168, §2
; 88 Acts, ch 1225, §3
; 96 Acts, ch 1035, §1
; 96 Acts, ch 1036, §5
; 98 Acts, ch 1050, §1, 5
; 2000 Acts, ch 1008, §1
; 2000 Acts, ch 1053, §2
; 2000 Acts, ch 1185, §1
; 2004 Acts, ch 1045, §1
; 2004 Acts, ch 1175, §421, 433
; 2005 Acts, ch 53, §1
; 2007 Acts, ch 10, §28
; 2008 Acts, ch 1009, §1, 5
; 2008 Acts, ch 1088, §2
; 2012 Acts, ch 1101, §2
; 2015 Acts, ch 57, §2

For future amendment to subsection 1, effective January 1, 2017, see 2015 Acts, ch 70, §3, 18
Subsection 1 amended

  147.3  Qualifications.
  An applicant for a license to practice a profession under this subtitle is not ineligible because of age, citizenship, sex, race, religion, marital status, or national origin, although the application form may require citizenship information. A board may consider the past criminal record of an applicant only if the conviction relates to the practice of the profession for which the applicant requests to be licensed.
[S13, §2575-a29, -a37, 2583-a, -1, 2600-d; C24, 27, 31, 35, 39, §2440, 2567; C46, 50, 54, 58, 62, 66, §147.3, 153.3; C71, 73, §147.3, 153.5; C75, 77, 79, 81, §147.3]
84 Acts, ch 1075, §7
; 
85 Acts, ch 168, §3
; 
88 Acts, ch 1225, §4
; 
94 Acts, ch 1132, §11
; 
96 Acts, ch 1036, §6
; 
98 Acts, ch 1053, §4
; 
2008 Acts, ch 1088, §3

  147.4  Grounds for refusing.
  A board may refuse to grant a license to practice a profession to any person otherwise qualified upon any of the grounds for which a license may be revoked or suspended.
[C97, §2578; S13, §2575-a33, -a41, 2578, 2583-c; C24, 27, 31, 35, 39, §2441; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.4]
90 Acts, ch 1086, §1
; 
2008 Acts, ch 1088, §4
Grounds for revocation, see §147.55 

  147.5  Certificate of license.
  1.  Every license to practice a profession shall be in the form of a certificate under the seal of the board. Such license shall be issued in the name of the board.
  2.  This section shall not apply to a person who is licensed in another state and recognized for licensure in this state pursuant to the nurse licensure compact contained in section 152E.1 or pursuant to the advanced practice registered nurse compact contained in section 152E.3.
[C97, §2576, 2577, 2591; S13, §2575-a30, -a38, 2576, 2583-k, 2600-d; C24, 27, 31, 35, 39, §2442; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.5]
2000 Acts, ch 1008, §2
; 
2000 Acts, ch 1140, §30
; 
2005 Acts, ch 53, §2
; 
2007 Acts, ch 10, §29
; 
2008 Acts, ch 1088, §5

  147.6  Certificate presumptive evidence.
  Every license issued under this subtitle shall be presumptive evidence of the right of the holder to practice in this state the profession therein specified.
[C97, §2576; S13, §2575-a30, -a38, 2576, 2583-k, 2600-d; C24, 27, 31, 35, 39, §2443; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.6]
94 Acts, ch 1132, §12
; 
96 Acts, ch 1036, §7
; 
98 Acts, ch 1053, §5

  147.7  Display of license.
  1.  A board may require every person licensed by the board to display the license and evidence of current renewal publicly in a manner prescribed by the board.
  2.  This section shall not apply to a person who is licensed in another state and recognized for licensure in this state pursuant to the nurse licensure compact contained in section 152E.1 or pursuant to the advanced practice registered nurse compact contained in section 152E.3. A person licensed in another state and recognized for licensure in this state pursuant to either compact shall, however, maintain a copy of a license issued by the person’s home state available for inspection when engaged in the practice of nursing in this state.
[C97, §2591; S13, §2600-o1; C24, 27, 31, 35, 39, §2444; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.7]
90 Acts, ch 1086, §2
; 
94 Acts, ch 1132, §13
; 
96 Acts, ch 1036, §8
; 
98 Acts, ch 1053, §6
; 
2000 Acts, ch 1008, §3
; 
2005 Acts, ch 53, §3
; 
2006 Acts, ch 1010, §54
; 
2008 Acts, ch 1088, §6

  147.8  Record of licenses.
  A board shall keep the following information available for public inspection for each person licensed by the board:
  1.  Name.
  2.  Address of record.
  3.  The number of the license.
  4.  The date of issuance of the license.
[C97, §2591; S13, §2575-a40, 2583-a, -k, 2600-d; C24, 27, 31, 35, 39, §2445; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.8]
96 Acts, ch 1128, §5
; 
2008 Acts, ch 1088, §7
; 
2009 Acts, ch 41, §50

  147.9  Change of address.
  Every person licensed pursuant to this chapter shall notify the board which issued the license of a change in the person’s address of record within a time period established by board rule.
[C97, §2591; C24, 27, 31, 35, 39, §2446; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.9]
90 Acts, ch 1086, §3
; 
94 Acts, ch 1132, §14
; 
96 Acts, ch 1036, §9
; 
98 Acts, ch 1053, §7
; 
2008 Acts, ch 1088, §8

  147.10  Renewal.
  1.  Every license to practice a profession shall expire in multiyear intervals and be renewed as determined by the board upon application by the licensee. Each board shall establish rules for license renewal and concomitant fees. Application for renewal shall be made to the board accompanied by the required fee at least thirty days prior to the expiration of such license.
  2.  Each board may by rule establish a grace period following expiration of a license in which the license is not invalidated. Each board may assess a reasonable penalty for renewal of a license during the grace period. Failure of a licensee to renew a license within the grace period shall cause the license to become inactive or lapsed. A licensee whose license is inactive or lapsed shall not engage in the practice of the profession until the license is reactivated or reinstated.
[C97, §2590; S13, §2575-a39, 2589-d; C24, 27, 31, §2447; C35, §2447, 2573-g2 – 2573-g4; C39, §2447, 2573.02 – 2573.04; C46, 50, 54, 58, 62, 66, §147.10, 153.11 – 153.12; C71, 73, §147.10, 153.9, 153.10; C75, 77, 79, 81, §147.10]
2002 Acts, ch 1108, §12
; 
2008 Acts, ch 1088, §9

  147.11  Reactivation and reinstatement.
  1.  A licensee who allows the license to become inactive or lapsed by failing to renew the license, as provided in section 147.10, may reactivate the license upon payment of a reactivation fee and compliance with other terms established by board rule.
  2.  A licensee whose license has been revoked, suspended, or voluntarily surrendered must apply for and receive reinstatement of the license in accordance with board rule and must apply for and be granted reactivation of the license in accordance with board rule prior to practicing the profession.
[C24, 27, 31, 35, 39, §2448; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.11]
2007 Acts, ch 10, §30
; 
2008 Acts, ch 1088, §10
; 
2009 Acts, ch 41, §51
HEALTH PROFESSION BOARDS

  147.12  Health profession boards.
  1.  The governor shall appoint, subject to confirmation by the senate, a board for each of the professions. The board members shall not be required to be members of professional societies or associations composed of members of their professions.
  2.  If a person who has been appointed by the governor to serve on a board has ever been disciplined in a contested case by the board to which the person has been appointed, all board statements of charges, settlement agreements, findings of fact, and orders pertaining to the disciplinary action shall be made available to the senate committee to which the appointment is referred at the committee’s request before the full senate votes on the person’s appointment.
[C97, §2576, 2584; S13, §2575-a29, -a37, 2576, 2583-a, -h, 2600-b; SS15, §2584; C24, 27, 31, 35, 39, §2449; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.12]
88 Acts, ch 1128, §2
; 
94 Acts, ch 1132, §15
; 
96 Acts, ch 1036, §10
; 
98 Acts, ch 1053, §8
; 
2007 Acts, ch 10, §31
; 
2008 Acts, ch 1088, §11

Confirmation, see §2.32 
Board of medicine alternate members, see §148.2A 

  147.13  Designation of boards.
  The boards provided in section 147.12 shall be designated as follows:
  1.  For medicine and surgery, osteopathic medicine and surgery, and acupuncture, the board of medicine.
  2.  For physician assistants, the board of physician assistants.
  3.  For psychology, the board of psychology.
  4.  For podiatry, the board of podiatry.
  5.  For chiropractic, the board of chiropractic.
  6.  For physical therapy and occupational therapy, the board of physical and occupational therapy.
  7.  For nursing, the board of nursing.
  8.  For dentistry, dental hygiene, and dental assisting, the dental board.
  9.  For optometry, the board of optometry.
  10.  For speech pathology and audiology, the board of speech pathology and audiology.
  11.  For cosmetology arts and sciences, the board of cosmetology arts and sciences.
  12.  For barbering, the board of barbering.
  13.  For pharmacy, the board of pharmacy.
  14.  For mortuary science, the board of mortuary science.
  15.  For social work, the board of social work.
  16.  For marital and family therapy and mental health counseling, the board of behavioral science.
  17.  For dietetics, the board of dietetics.
  18.  For respiratory care and polysomnography, the board of respiratory care and polysomnography.
  19.  For massage therapy, the board of massage therapy.
  20.  For athletic training, the board of athletic training.
  21.  For interpreting, the board of sign language interpreters and transliterators.
  22.  For hearing aid specialists, the board of hearing aid specialists.
  23.  For nursing home administration, the board of nursing home administrators.
  24.  For orthotics, prosthetics, and pedorthics, the board of podiatry.
[C24, 27, 31, 35, 39, §2450; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.13]
84 Acts, ch 1075, §8
; 85 Acts, ch 168, §4
; 88 Acts, ch 1225, §5
; 91 Acts, ch 229, §2
; 92 Acts, ch 1205, §14
; 93 Acts, ch 86, §12
; 96 Acts, ch 1036, §11
; 98 Acts, ch 1053, §9
; 2000 Acts, ch 1002, §1
; 2004 Acts, ch 1175, §422, 433
; 2006 Acts, ch 1155, §3, 15
; 2007 Acts, ch 10, §32
; 2007 Acts, ch 218, §197
; 2008 Acts, ch 1088, §12, 141
; 2009 Acts, ch 41, §52
; 2012 Acts, ch 1101, §3
; 2015 Acts, ch 57, §3
; 2015 Acts, ch 70, §4

Subsections 18 and 22 amended

  147.14  Composition of boards — quorum.
  1.  The board members shall consist of the following:
  a.  For barbering, three members licensed to practice barbering, and two members who are not licensed to practice barbering and who shall represent the general public.
  b.  For medicine, five members licensed to practice medicine and surgery, two members licensed to practice osteopathic medicine and surgery, and three members not licensed to practice either medicine and surgery or osteopathic medicine and surgery, and who shall represent the general public.*
  c.  For nursing, four registered nurses, two of whom shall be actively engaged in practice, two of whom shall be nurse educators from nursing education programs; of these, one in higher education and one in area community and vocational-technical registered nurse education; one licensed practical nurse actively engaged in practice; and two members not registered nurses or licensed practical nurses and who shall represent the general public. The representatives of the general public shall not be members of health care delivery systems.
  d.  For dentistry, five members licensed to practice dentistry, two members licensed to practice dental hygiene, and two members not licensed to practice dentistry or dental hygiene and who shall represent the general public. The two dental hygienist board members and one dentist board member shall constitute a dental hygiene committee of the board as provided in section 153.33A.
  e.  For pharmacy, five members licensed to practice pharmacy and two members who are not licensed to practice pharmacy and who shall represent the general public.
  f.  For optometry, five members licensed to practice optometry and two members who are not licensed to practice optometry and who shall represent the general public.
  g.  For psychology, five members who are licensed to practice psychology and two members not licensed to practice psychology and who shall represent the general public. Of the five members who are licensed to practice psychology, one member shall be primarily engaged in graduate teaching in psychology or primarily engaged in research psychology, three members shall be persons who render services in psychology, and one member shall represent areas of applied psychology and may be affiliated with training institutions and shall devote a major part of the member’s time to rendering service in psychology.
  h.  For chiropractic, five members licensed to practice chiropractic and two members who are not licensed to practice chiropractic and who shall represent the general public.
  i.  For speech pathology and audiology, five members licensed to practice speech pathology or audiology at least two of whom shall be licensed to practice speech pathology and at least two of whom shall be licensed to practice audiology, and two members who are not licensed to practice speech pathology or audiology and who shall represent the general public.
  j.  For physical therapy and occupational therapy, three members licensed to practice physical therapy, two members licensed to practice occupational therapy, and two members who are not licensed to practice physical therapy or occupational therapy and who shall represent the general public.
  k.  For dietetics, one licensed dietitian representing the approved or accredited dietetic education programs, one licensed dietitian representing clinical dietetics, one licensed dietitian representing community nutrition services, and two members who are not licensed dietitians and who shall represent the general public.
  l.  For the board of physician assistants, five members licensed to practice as physician assistants, at least two of whom practice in counties with a population of less than fifty thousand, one member licensed to practice medicine and surgery who supervises a physician assistant, one member licensed to practice osteopathic medicine and surgery who supervises a physician assistant, and two members who are not licensed to practice either medicine and surgery or osteopathic medicine and surgery or licensed as a physician assistant and who shall represent the general public. At least one of the physician or osteopathic physician members shall be in practice in a county with a population of less than fifty thousand.
  m.  For behavioral science, three members licensed to practice marital and family therapy, all of whom shall be practicing marital and family therapists; three members licensed to practice mental health counseling, one of whom shall be employed in graduate teaching, training, or research in mental health counseling and two of whom shall be practicing mental health counselors; and three members who are not licensed to practice marital and family therapy or mental health counseling and who shall represent the general public.
  n.  For cosmetology arts and sciences, a total of seven members, three who are licensed cosmetologists, one who is a licensed electrologist, esthetician, or nail technologist, one who is a licensed instructor of cosmetology arts and sciences at a public or private school and who does not own a school of cosmetology arts and sciences, and two who are not licensed in a practice of cosmetology arts and sciences and who shall represent the general public.
  o.  For respiratory care and polysomnography, one licensed physician with training in respiratory care, two respiratory care practitioners who have practiced respiratory care for a minimum of six years immediately preceding their appointment to the board and who are recommended by the society for respiratory care, one polysomnographic technologist who has practiced polysomnography for a minimum of six years immediately preceding appointment to the board and who is recommended by the Iowa sleep society, and one member not licensed to practice medicine, osteopathic medicine, polysomnography, or respiratory care who shall represent the general public.
  p.  For mortuary science, four members licensed to practice mortuary science, one member owning, operating, or employed by a crematory, and two members not licensed to practice mortuary science and not a crematory owner, operator, or employee who shall represent the general public.
  q.  For massage therapists, four members licensed to practice massage therapy and three members who are not licensed to practice massage therapy and who shall represent the general public.
  r.  For athletic trainers, three members licensed to practice athletic training, three members licensed to practice medicine and surgery, and one member not licensed to practice athletic training or medicine and surgery and who shall represent the general public.
  s.  For podiatry, five members licensed to practice podiatry, two members licensed to practice orthotics, prosthetics, or pedorthics, and two members who are not so licensed and who shall represent the general public.
  t.  For social work, a total of seven members, five who are licensed to practice social work, with at least one from each of three levels of licensure described in section 154C.3, subsection 1, and one employed in the area of children’s social work, and two who are not licensed social workers and who shall represent the general public.
  u.  For sign language interpreting and transliterating, four members licensed to practice interpreting and transliterating, three of whom shall be practicing interpreters and transliterators at the time of appointment to the board and at least one of whom is employed in an educational setting; and three members who are consumers of interpreting or transliterating services as defined in section 154E.1, each of whom shall be deaf.
  v.  For hearing aid specialists, three licensed hearing aid specialists and two members who are not licensed hearing aid specialists who shall represent the general public. No more than two members of the board shall be employees of, or specialists principally for, the same hearing aid manufacturer.
  w.  For nursing home administrators, a total of nine members, four who are licensed nursing home administrators, one of whom is the administrator of a nonproprietary nursing home; three licensed members of any profession concerned with the care and treatment of chronically ill or elderly patients who are not nursing home administrators or nursing home owners; and two members of the general public who are not licensed under chapter 155, have no financial interest in any nursing home, and who shall represent the general public.
  2.  A majority of the members of a board constitutes a quorum.
[C97, §2564, 2576, 2584; S13, §2564, 2575-a29, -a30, -a37, -a38, 2576, 2583-a, -h, -i, 2600-b, -c; SS15, §2584; C24, 27, 31, 35, 39, §2451, 2452, 2475; C46, 50, 54, 58, 62, 66, §147.14, 147.15, 147.38; C71, 73, §147.14, 147.15, 147.38, 153.1; C75, 77, 79, 81, §147.14]
84 Acts, ch 1075, §9
; 85 Acts, ch 168, §5
; 86 Acts, ch 1003, §1
; 86 Acts, ch 1022, §1
; 88 Acts, ch 1134, §29
; 88 Acts, ch 1225, §6, 7
; 91 Acts, ch 229, §3
; 92 Acts, ch 1183, §2
; 92 Acts, ch 1205, §15, 16
; 96 Acts, ch 1035, §2, 3, 13
; 96 Acts, ch 1036, §12
; 96 Acts, ch 1148, §1, 2
; 98 Acts, ch 1002, §1, 2
; 98 Acts, ch 1010, §1
; 98 Acts, ch 1053, §10
; 99 Acts, ch 19, §1
; 99 Acts, ch 96, §14
; 2004 Acts, ch 1175, §423, 433
; 2005 Acts, ch 3, §36
; 2007 Acts, ch 10, §33
; 2007 Acts, ch 218, §188
; 2008 Acts, ch 1032, §26
; 2008 Acts, ch 1088, §13
; 2009 Acts, ch 56, §2
; 2009 Acts, ch 133, §47
; 2010 Acts, ch 1069, §18
; 2012 Acts, ch 1101, §4
; 2015 Acts, ch 57, §4
; 2015 Acts, ch 70, §5

*Board of medicine alternate members, see §148.2A 
For initial appointment of polysomnographic technologist to board of respiratory care and polysomnography, see 2015 Acts, ch 70, §17
Subsection 1, paragraphs o and v amended

  147.15  Reserved.

  147.16  Board members.
  1.  Each licensed board member shall be actively engaged in the practice or the instruction of the board member’s profession and shall have been so engaged for a period of five years just preceding the board member’s appointment, the last two of which shall be in this state.
  2.  However, each licensed physician assistant member of the board of physician assistants shall be actively engaged in practice as a physician assistant and shall have been so engaged for a period of three years just preceding the member’s appointment, the last year of which shall be in this state.
[C97, §2584; S13, §2583-a, -h, 2600-b; SS15, §2584; C24, 27, 31, 35, 39, §2453; C46, 50, 54, 58, 62, 66, §147.16; C71, 73, §147.16, 153.1; C75, 77, 79, 81, §147.16; 
81 Acts, ch 65, §1
]
88 Acts, ch 1225, §8
; 
2007 Acts, ch 10, §34

  147.17  Reserved.

  147.18  Disqualifications.  Repealed by 2008 Acts, ch 1088, §79. 

  147.19  Terms of office.
  The board members shall serve three-year terms, which shall commence and end as provided by section 69.19. Any vacancy in the membership of a board shall be filled by appointment of the governor subject to senate confirmation. A member shall serve no more than nine years in total on the same board.
[C97, §2564, 2576, 2584; S13, §2564, 2575-a29, -a37, 2576, 2583-a, -h, 2600-b; SS15, §2584; C24, 27, 31, 35, 39, §2456, 2458; C46, 50, 54, 58, 62, 66, §147.19, 147.21; C71, 73, §147.19, 147.21, 153.1; C75, 77, 79, 81, §147.19]
2007 Acts, ch 10, §36
; 
2008 Acts, ch 1088, §14

Confirmation, see §2.32 
Board of medicine alternate members, see §148.2A 

  147.20  Nomination of board members.
  The regular state association or society for each profession may recommend the names of potential board members to the governor, but the governor shall not be bound by the recommendations.
[S13, §2583-a, -h, 2600-b; C24, 27, 31, 35, 39, §2457; C46, 50, 54, 58, 62, 66, §147.20; C71, 73, §147.20, 153.1; C75, 77, 79, 81, §147.20]
2007 Acts, ch 10, §37

  147.21  Examination information.
  1.  The public members of a board shall be allowed to participate in administrative, clerical, or ministerial functions incident to giving the examination, but shall not determine the content of the examination or determine the correctness of the answers.
  2.  A member of the board shall not disclose information relating to any of the following:
  a.  The contents of the examination.
  b.  The examination results other than final score except for information about the results of an examination which is given to the person who took the examination.
  3.  A member of the board who willfully communicates or seeks to communicate such information, and any person who willfully requests, obtains, or seeks to obtain such information, is guilty of a simple misdemeanor.
[C75, 77, 79, 81, §147.21]
83 Acts, ch 101, §26
; 
2008 Acts, ch 1088, §15

  147.22  Officers.
  Each board shall annually select a chairperson and a vice chairperson from its own membership.
[C97, §2576, 2585; S13, §2576, 2583-i, 2585, 2600-c; C24, 27, 31, 35, 39, §2459; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.22]
2007 Acts, ch 10, §38
; 
2008 Acts, ch 1088, §16

  147.23  Reserved.

  147.24  Compensation.
  Members of a board shall receive actual expenses for their duties as a member of the board. Each member of each board shall also be eligible to receive compensation as provided in section 7E.6, within the limits of funds available.
[C97, §2574; S13, §2574, 2575-a34, -a44, 2583-a, -p, 2600-g; C24, 27, 31, 35, 39, §2461; C46, 50, 54, 58, 62, 66, §147.24; C71, 73, §147.24, 153.3; C75, 77, 79, 81, §147.24]
86 Acts, ch 1245, §1141
; 
2007 Acts, ch 10, §39
; 
2008 Acts, ch 1088, §17

  147.25  System of health personnel statistics — fee.
  1.  A board may establish a system to collect, maintain, and disseminate health personnel statistical data regarding board licensees, including but not limited to number of licensees, employment status, location of practice or place of employment, areas of professional specialization and ages of licensees, and other pertinent information bearing on the availability of trained and licensed personnel to provide services in this state.
  2.  In addition to any other fee provided by law, a fee may be set by the respective boards for each license and renewal of a license to practice a profession, which fee shall be based on the annual cost of collecting information for use by the board in the administration of the system of health personnel statistics established by this section. The fee shall be retained by the respective board in the manner in which license and renewal fees are retained in section 147.82.
[C75, 77, 79, 81, §147.25]
84 Acts, ch 1075, §10
; 
85 Acts, ch 168, §6
; 
88 Acts, ch 1225, §9
; 
2006 Acts, ch 1155, §4, 15
; 
2007 Acts, ch 10, §40, 184
; 
2008 Acts, ch 1088, §18
  147.26  Supplies and examination quarters.  Repealed by 2008 Acts, ch 1088, §79. 

  147.27  Reserved.

  147.28  National organization.
  Each board may maintain a membership in the national organization of the regulatory boards of its profession to be paid from board funds.
[C27, 31, 35, §2465-b1; C39, §2465.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.28]
2007 Acts, ch 10, §42
; 
2008 Acts, ch 1088, §19
  147.28A  Scope of practice review committees — future repeal.  Repealed by its own terms; 2005 Acts, ch 175, §84. 

EXAMINATIONS
  147.29  Applications.  Repealed by 2008 Acts, ch 1088, §78. 

  147.30  Time and place of examinations.  Repealed by 2008 Acts, ch 1088, §78.  See §147.34. 

  147.31  Reserved.

  147.32  Repealed by 89 Acts, ch 3, §3. 

  147.33  Professional schools.
  A dean of a college or university which provides instruction or training in a profession shall supply information or data related to the college or university upon request of a board.
[C24, 27, 31, 35, 39, §2470; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.33]
2007 Acts, ch 10, §44
; 
2008 Acts, ch 1088, §20

  147.34  Examinations.
  1.  Each board shall by rule prescribe the examination or examinations required for licensure for the profession and the manner in which an applicant shall complete the examination process. A board may develop and administer the examination, may designate a national, uniform, or other examination as the prescribed examination, or may contract for such services. Dentists shall pass an examination approved by a majority of the dentist members of the dental board.
  2.  When a board administers an examination, the board shall provide adequate public notice of the time and place of the examination to allow candidates to comply with the provisions of this subtitle. Administration of examinations, including location, frequency, and reexamination, may be determined by the board.
  3.  Applicants who fail the examination once shall be allowed to take the examination at the next authorized time. Thereafter, applicants shall be allowed to take the examination at the discretion of the board. An applicant who has failed an examination may request in writing information from the board concerning the examination grade and subject areas or questions which the applicant failed to answer correctly, except that if the board prescribes a national or uniform examination, the board shall only be required to provide the examination grade and such other information concerning the applicant’s examination results which are available to the board.
[C97, §2576, 2582, 2589, 2597; S13, §2575-a29, -a37, 2576, 2582, 2583-a, -i, -k, 2589-a, 2600-c, -d; SS15, §2589-a; C24, 27, 31, 35, 39, §2471, 2567, 2572, 2573; C46, 50, 54, 58, 62, 66, §147.34, 153.3, 153.8, 153.9; C71, 73, §147.34, 153.2, 153.6, 153.8; C75, 77, 79, 81, §147.34]
94 Acts, ch 1132, §17
; 
96 Acts, ch 1036, §14
; 
98 Acts, ch 1053, §12
; 
2007 Acts, ch 10, §45
; 
2008 Acts, ch 1088, §21
  147.35  Names of eligible candidates.  Repealed by 2008 Acts, ch 1088, §79. 

  147.36  Rules.
  Each board may establish rules for any of the following:
  1.  The qualifications required for applicants seeking to take examinations.
  2.  The denial of applicants seeking to take examinations.
  3.  The conducting of examinations.
  4.  The grading of examinations and passing upon the technical qualifications of applicants, as shown by such examinations.
  5.  The minimum scores required for passing standardized examinations.
[C97, §2584; S13, §2575-a38, 2583-a, -i, 2600-e; SS15, §2584; C24, 27, 31, 35, 39, §2473; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.36]
92 Acts, ch 1183, §3
; 
2007 Acts, ch 10, §47
; 
2008 Acts, ch 1088, §22

  147.37  Identity of candidate concealed.
  The identity of the person taking an examination shall not be disclosed during the examination process and in practice the identity of the candidate shall be concealed to the extent possible.
[C97, §2576; S13, §2576, 2583-a; C24, 27, 31, 35, 39, §2474; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.37]
2007 Acts, ch 10, §48
; 
2008 Acts, ch 1088, §23

  147.38  Reserved.

147.39 through 147.42Repealed by 2008 Acts, ch 1088, §79. 
  147.43  Preservation of records.  Repealed by 2008 Acts, ch 1088, §78. 

RECIPROCAL LICENSES

  147.44  Reciprocal agreements.
  A board may enter into a reciprocal agreement with a licensing authority of another state for the purpose of recognizing licenses issued by the other state, provided that such licensing authority imposes licensure requirements substantially equivalent to those imposed in this state. The board may establish by rule the conditions for the recognition of such licenses and the process for licensing such individuals to practice in this state.
[C97, §2582; S13, §2582; C24, 27, 31, 35, 39, §2481; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.44]
94 Acts, ch 1132, §19
; 
96 Acts, ch 1036, §16
; 
98 Acts, ch 1053, §14
; 
2007 Acts, ch 10, §53
; 
2008 Acts, ch 1088, §24
147.45 through 147.47Repealed by 2008 Acts, ch 1088, §79. 

  147.48  Termination of reciprocal agreements.
  If the requirements for a license in any state with which this state has a reciprocal agreement are changed by any law or rule of the authorities in that state so that such requirements are no longer substantially equivalent to those existing in this state, the agreement shall be deemed terminated and licenses issued in that state shall not be recognized as a basis of granting a license in this state until a new agreement has been negotiated.
[C24, 27, 31, 35, 39, §2485; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.48]
2007 Acts, ch 10, §57
; 
2008 Acts, ch 1088, §25

  147.49  License of another state.
  A board shall, upon presentation of a license to practice a profession issued by the duly constituted authority of another state with which this state has established reciprocal relations, and subject to the rules of the board for such profession, license the applicant to practice in this state, unless under the rules of the board a practical or jurisprudence examination is required. The board of medicine may accept in lieu of the examination prescribed in section 148.3 a license to practice medicine and surgery or osteopathic medicine and surgery, issued by the duly constituted authority of another state, territory, or foreign country. Endorsement may be accepted in lieu of further written examination without regard to the existence or nonexistence of a reciprocal agreement, but shall not be in lieu of the standards and qualifications prescribed by section 148.3.
[C97, §2582; S13, §2575-a30, -a39, 2582, 2583-l, 2589-b, 2600-m; C24, 27, 31, 35, 39, §2486; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.49]
2007 Acts, ch 10, §58
; 
2008 Acts, ch 1088, §26
  147.50  Practical examinations.  Repealed by 2008 Acts, ch 1088, §79. 

147.51 and 147.52Repealed by 2008 Acts, ch 1088, §78. 

  147.53  Power to adopt rules.
  Each board entering into a reciprocal agreement shall adopt necessary rules, not inconsistent with law, for carrying out the reciprocal relations with other states which are authorized by this chapter.
[C24, 27, 31, 35, 39, §2490; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.53]
2007 Acts, ch 10, §60
; 
2008 Acts, ch 1088, §27
  147.54  Change of residence.  Repealed by 2008 Acts, ch 1088, §78. 

LICENSEE DISCIPLINE

  147.55  Grounds.
  A licensee’s license to practice a profession shall be revoked or suspended, or the licensee otherwise disciplined by the board for that profession, when the licensee is guilty of any of the following acts or offenses:
  1.  Fraud in procuring a license.
  2.  Professional incompetence.
  3.  Knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of a profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.
  4.  Habitual intoxication or addiction to the use of drugs.
  5.  Conviction of a crime related to the profession or occupation of the licensee or the conviction of any crime that would affect the licensee’s ability to practice within a profession. A copy of the record of conviction or plea of guilty shall be conclusive evidence.
  6.  Fraud in representations as to skill or ability.
  7.  Use of untruthful or improbable statements in advertisements.
  8.  Willful or repeated violations of the provisions of this chapter, chapter 272C, or a board’s enabling statute.
  9.  Other acts or offenses as specified by board rule.
1.  [C97, §2578; S13, §2575-a33, -a41, 2578, 2583-c, 2600-o5; C24, 27, 31, 35, 39, §2492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.55(1)]
2.  [C97, §2578; S13, §2578, 2583-c, -m; C24, 27, 31, 35, 39, §2492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.55(2)]
3.  [C97, §2578; S13, §2575-a33, -a41, 2578, 2583-m, 2600-o5; C24, 27, 31, 35, 39, §2492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.55(3)]
4.  [C97, §2578; S13, §2575-a41, 2578, 2583-c, -m, 2600-o5; C24, 27, 31, 35, 39, §2492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.55(4)]
5.  [C97, §2578; S13, §2578, 2583-c, 2600-o5; C24, 27, 31, 35, 39, §2492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.55(5)]
6.  [C97, §2578; S13, §2578, 2583-c; C24, 27, 31, 35, 39, §2492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.55(6)]
7.  [C97, §2578; S13, §2578, 2583-c, 2600-o5; C24, 27, 31, 35, 39, §2492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.55(7)]
8.  [C97, §2596; S13, §2575-a33, -a41; C24, 27, 31, 35, 39, §2492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §147.55(9); C79, 81, §147.55(8)]
2008 Acts, ch 1088, §28
; 
2009 Acts, ch 133, §48

  147.56  Reserved.

  147.57  Dental hygienist and dentist.  Transferred to §153.34, subsection 16; 2009 Acts, ch 133, §192. 

147.58 through 147.71Repealed by 2008 Acts, ch 1088, §78. 
USE OF TITLES AND DEGREES

  147.72  Professional titles and abbreviations.
  Any person licensed to practice a profession under this subtitle may append to the person’s name any recognized title or abbreviation, which the person is entitled to use, to designate the person’s particular profession, but no other person shall assume or use such title or abbreviation, and no licensee shall advertise in such a manner as to lead the public to believe that the licensee is engaged in the practice of any other profession than the one which the licensee is licensed to practice.
[S13, §2575-a28, -a31, 2583-q; C24, 27, 31, 35, 39, §2509; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.72]
94 Acts, ch 1132, §22
; 
96 Acts, ch 1036, §19
; 
98 Acts, ch 1053, §17

  147.73  Titles used by holder of degree.
  Nothing in section 147.72 shall be construed:
  1.  As authorizing any person licensed to practice a profession under this subtitle to use or assume any degree or abbreviation of the degree unless such degree has been conferred upon the person by an institution of learning accredited by the appropriate board, or by some recognized state or national accredited agency.
  2.  As prohibiting any holder of a degree conferred by an institution of learning accredited by the appropriate board created in this chapter, or by some recognized state or national accrediting agency, from using the title which such degree authorizes the holder to use, but the holder shall not use such degree or abbreviation in any manner which might mislead the public as to the holder’s qualifications to treat human ailments.
[C24, 27, 31, 35, 39, §2510; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.73]
94 Acts, ch 1132, §23
; 
96 Acts, ch 1036, §20
; 
98 Acts, ch 1053, §18
; 
2008 Acts, ch 1088, §30

  147.74  Professional titles or abbreviations — false use prohibited.
  1.  Any person who falsely claims by the use of any professional title or abbreviation, either in writing, cards, signs, circulars, advertisements, the internet, or other written or electronic means, to be a practitioner of a profession other than the one under which the person holds a license or who fails to use the designations provided in this section shall be guilty of a simple misdemeanor.
  2.  A physician or surgeon may use the prefix “Dr.” or “Doctor”, and shall add after the person’s name the letters, “M.D.”
  3.  An osteopathic physician and surgeon may use the prefix “Dr.” or “Doctor”, and shall add after the person’s name the letters, “D.O.”, or the words “osteopathic physician and surgeon”.
  4.  A chiropractor may use the prefix “Dr.” or “Doctor”, but shall add after the person’s name the letters, “D.C.” or the word, “chiropractor”.
  5.  A dentist may use the prefix “Dr.” or “Doctor”, but shall add after the person’s name the letters “D.D.S.”, or “D.M.D.”, or the word “dentist” or “dental surgeon”. A dental hygienist may use the words “registered dental hygienist” or the letters “R.D.H.” after the person’s name. A dental assistant may use the words “registered dental assistant” or the letters “R.D.A.” after the person’s name.
  6.  A podiatric physician may use the prefix “Dr.” or “Doctor”, but shall add after the person’s name the letters “D.P.M.” or the words “podiatric physician”.
  7.  A graduate of a school accredited by the board of optometry may use the prefix “Dr.” or “Doctor”, but shall add after the person’s name the letters “O.D.”
  8.  A physical therapist registered or licensed under chapter 148A may use the words “physical therapist” after the person’s name or signify the same by the use of the letters “P.T.” after the person’s name. A physical therapist with an earned doctoral degree from an accredited school, college, or university may use the suffix designating the degree, or the prefix “Doctor” or “Dr.” and add after the person’s name the words “physical therapist”. An occupational therapist registered or licensed under chapter 148B may use the words “occupational therapist” after the person’s name or signify the same by the use of the letters “O.T.” after the person’s name. An occupational therapist with an earned doctoral degree from an accredited school, college, or university may use the suffix designating the degree, or the prefix “Doctor” or “Dr.” and add after the person’s name the words “occupational therapist”.
  9.  A physical therapist assistant licensed under chapter 148A may use the words “physical therapist assistant” after the person’s name or signify the same by use of the letters “P.T.A.” after the person’s name. An occupational therapy assistant licensed under chapter 148B may use the words “occupational therapy assistant” after the person’s name or signify the same by use of the letters “O.T.A.” after the person’s name.
  10.  A psychologist who possesses a doctoral degree may use the prefix “Dr.” or “Doctor” but shall add after the person’s name the word “psychologist”.
  11.  A speech pathologist with an earned doctoral degree in speech pathology obtained beyond a bachelor’s degree from an accredited school, college, or university, may use the suffix designating the degree, or the prefix “Doctor” or “Dr.” and add after the person’s name the words “speech pathologist”. An audiologist with an earned doctoral degree in audiology obtained beyond a bachelor’s degree from an accredited school, college, or university, may use the suffix designating the degree, or the prefix “Doctor” or “Dr.” and add after the person’s name the word “audiologist”.
  12.  A bachelor social worker licensed under chapter 154C may use the words “licensed bachelor social worker” or the letters “L.B.S.W.” after the person’s name. A master social worker licensed under chapter 154C may use the words “licensed master social worker” or the letters “L.M.S.W.” after the person’s name. An independent social worker licensed under chapter 154C may use the words “licensed independent social worker”, or the letters “L.I.S.W.” after the person’s name.
  13.  A marital and family therapist licensed under chapter 154D and this chapter may use the words “licensed marital and family therapist” after the person’s name or signify the same by the use of the letters “L.M.F.T.” after the person’s name. A marital and family therapist licensed under chapter 154D and this chapter who possesses a doctoral degree may use the prefix “Doctor” or “Dr.” in conjunction with the person’s name, but shall add after the person’s name the words “licensed marital and family therapist”.
  14.  A mental health counselor licensed under chapter 154D and this chapter may use the words “licensed mental health counselor” after the person’s name. A mental health counselor licensed under chapter 154D and this chapter who possesses a doctoral degree may use the prefix “Doctor” or “Dr.” in conjunction with the person’s name, but shall add after the person’s name the words “licensed mental health counselor”.
  15.  A pharmacist who possesses a doctoral degree recognized by the accreditation council for pharmacy education from a college of pharmacy approved by the board of pharmacy or a doctor of philosophy degree in an area related to pharmacy may use the prefix “Doctor” or “Dr.” but shall add after the person’s name the word “pharmacist” or “Pharm. D.”
  16.  A physician assistant licensed under chapter 148C may use the words “physician assistant” after the person’s name or signify the same by the use of the letters “P.A.” after the person’s name.
  17.  A massage therapist licensed under chapter 152C may use the words “licensed massage therapist” or the initials “L.M.T.” after the person’s name.
  18.  An acupuncturist licensed under chapter 148E may use the words “licensed acupuncturist” or the abbreviation “L.Ac.” after the person’s name.
  19.  A respiratory care practitioner licensed under chapter 152B and this chapter may use the title “respiratory care practitioner” or the letters “R.C.P.” after the person’s name.
  20.  An athletic trainer licensed under chapter 152D and this chapter may use the words “licensed athletic trainer” or the letters “LAT” after the person’s name.
  21.  A registered nurse licensed under chapter 152 may use the words “registered nurse” or the letters “R.N.” after the person’s name. A licensed practical nurse licensed under chapter 152 may use the words “licensed practical nurse” or the letters “L.P.N.” after the person’s name. An advanced registered nurse practitioner licensed under chapter 152 or 152E may use the words “advanced registered nurse practitioner” or the letters “A.R.N.P.” after the person’s name.
  22.  A sign language interpreter or transliterator licensed under chapter 154E and this chapter may use the title “licensed sign language interpreter” or the letters “L.I.” after the person’s name.
  23.  a.  An orthotist licensed under chapter 148F may use the words “licensed orthotist” after the person’s name or signify the same by the use of the letters “L.O.” after the person’s name.
  b.  A pedorthist licensed under chapter 148F may use the words “licensed pedorthist” after the person’s name or signify the same by the use of the letters “L.ped.” after the person’s name.
  c.  A prosthetist licensed under chapter 148F may use the words “licensed prosthetist” after the person’s name or signify the same by the use of the letters “L.P.” after the person’s name. 
  24.  A person who is licensed to engage in the practice of polysomnography shall have the right to use the title “polysomnographic technologist” or the letters “P.S.G.T.” after the person’s name. No other person may use that title or letters or any other words or letters indicating that the person is a polysomnographic technologist.
  25.  No other practitioner licensed to practice a profession under any of the provisions of this subtitle shall be entitled to use the prefix “Dr.” or “Doctor” unless the licensed practitioner possesses an earned doctoral degree. Such a practitioner shall reference the degree held after the person’s name.
[C31, 35, §2510-d1; C39, §2510.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.74; 
81 Acts, ch 66, §1
]
84 Acts, ch 1075, §11
; 87 Acts, ch 215, §40
; 88 Acts, ch 1225, §10
; 90 Acts, ch 1168, §27
; 91 Acts, ch 228, §1
; 91 Acts, ch 229, §4
; 92 Acts, ch 1137, §7
; 92 Acts, ch 1183, §4
; 93 Acts, ch 86, §13
; 95 Acts, ch 108, §4
; 96 Acts, ch 1035, §4
; 96 Acts, ch 1036, §21
; 98 Acts, ch 1053, §19
; 99 Acts, ch 101, §1
; 2000 Acts, ch 1053, §3
; 2001 Acts, ch 58, §7
; 2003 Acts, ch 93, §1, 14
; 2004 Acts, ch 1045, §2
; 2004 Acts, ch 1175, §424, 433
; 2007 Acts, ch 10, §61
; 2007 Acts, ch 215, §246
; 2008 Acts, ch 1088, §31
; 2012 Acts, ch 1101, §5
; 2014 Acts, ch 1019, §1
; 2015 Acts, ch 70, §6

NEW subsection 24 and former subsection 24 renumbered as 25
  147.75  Itinerants.  Repealed by 2008 Acts, ch 1088, §78. 

  147.76  Rules.
  The boards for the various professions shall adopt all necessary and proper rules to administer and interpret this chapter and chapters 148 through 158, except chapter 148D.
[C77, 79, 81, §147.76]
89 Acts, ch 83, §28
; 
92 Acts, ch 1097, §4
; 
2007 Acts, ch 10, §62
; 
2008 Acts, ch 1088, §32
147.77 through 147.79Reserved.
FEES

  147.80  Establishment of fees — administrative costs.
  1.  Each board may by rule establish fees for the following based on the costs of sustaining the board and the actual costs of the service:
  a.  Examinations.
  b.  Licensure, certification, or registration.
  c.  Renewal of licensure, certification, or registration.
  d.  Renewal of licensure, certification, or registration during the grace period.
  e.  Reinstatement or reactivation of licensure, certification, or registration.
  f.  Issuance of a certified statement that a person is licensed, registered, or has been issued a certificate to practice in this state.
  g.  Issuance of a duplicate license, registration, or certificate, which shall be so designated on its face. A board may require satisfactory proof that the original license, registration, or certificate issued by the board has been lost or destroyed.
  h.  Issuance of a renewal card.
  i.  Verification of licensure, registration, or certification.
  j.  Returned checks.
  k.  Inspections.
  2.  Each board shall annually prepare estimates of projected revenues to be generated by the fees received by the board as well as a projection of the fairly apportioned administrative costs and rental expenses attributable to the board. Each board shall annually review and adjust its schedule of fees to cover projected expenses.
  3.  The board of medicine, the board of pharmacy, the dental board, and the board of nursing shall retain individual executive officers, but shall make every effort to share administrative, clerical, and investigative staff to the greatest extent possible.
[C97, §2576, 2597, 2590; S13, §2575-a30, -a38, -a39, 2582, 2583-a, -l, 2589-d, 2600-d; C24, 27, 31, 35, 39, §2516; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.80; 
81 Acts, ch 2, §10(5)
, 
ch 5, §4(5)
]
1.  [C97, §2597; S13, §2600-d, -m; C24, 27, 31, 35, 39, §2516; C46, 50, 54, 58, 62, §147.80(1, 2, 7); C66, 71, 73, §147.80(1, 7); C75, 77, 79, 81, §147.80(1)]
2.  [C97, §2590; S13, §2589-b, -d; C24, 27, 31, 35, 39, §2516; C46, 50, 54, 58, 62, §147.80(5 – 7); C66, 71, 73, §147.80(1, 7); C75, 77, 79, 81, §147.80(2)]
3.  [C97, §2576; S13, §2576, 2582, 2583-a; C24, 27, 31, 35, 39, §2516; C46, 50, 54, 58, 62, §147.80(1 – 4); C66, 71, 73, §147.80(2, 7); C75, 77, 79, 81, §147.80(3)]
4.  [C75, 77, 79, 81, §147.80(4)]
6.  [C24, 27, 31, 35, 39, §2516; C46, 50, 54, 58, 62, 66, 71, 73, §147.80(3, 4, 7); C75, 77, 79, 81, §147.80(5)]
7.  [C24, 27, 31, 35, 39, §2516; C46, 50, 54, 58, 62, 66, 71, 73, §147.80(3, 4, 7); C75, 77, 79, 81, §147.80(6)]
8.  [C66, 71, 73, §147.80(3, 4, 7); C75, 77, 79, 81, §147.80(7)]
10.  [S13, §2583-l, -n; C24, 27, 31, 35, 39, §2516; C46, 50, 54, 58, 62, 66, 71, 73, §147.80(3, 4, 7); C75, 77, 79, 81, §147.80(8)]
11.  [C24, 27, 31, 35, 39, §2516; C46, 50, 54, 58, 62, 66, 71, 73, §147.80(5 – 7); C75, 77, 79, 81, §147.80(9)]
12.  [S13, §2575-a38, -a39; C24, 27, 31, 35, 39, §2516; C46, 50, 54, 58, 62, 66, 71, 73, §147.80(5 – 7); C75, 77, 79, 81, §147.80(10)]
13.  [S13, §2575-a30; C24, 27, 31, 35, 39, §2516; C46, 50, 54, 58, 62, §147.80(5 – 7); C66, §147.80(6, 7, 16, 17); C71, 73, §147.80(6, 7, 19, 20); C75, 77, 79, 81, §147.80(11)]
14.  [C66, §147.80(19); C71, 73, §147.80(22); C75, 77, 79, 81, §147.80(12)]
15.  [C27, §2516(5 – 7); C31, 35, 39, §2516(5 – 7, 11, 13); C46, 50, 54, 58, 62, §147.80(5 – 7, 11, 13); C66, 71, 73, §147.80(5 – 7, 10, 11); C75, 77, 79, 81, §147.80(13)]
16.  [C27, 31, 35, 39, §2516; C46, 50, 54, §147.80(5 – 7, 12, 13); C58, 62, 66, §147.80(5 – 7, 12 – 14); C71, 73, §147.80(5 – 7, 12 – 17); C75, 77, 79, 81, §147.80(14)]
17.  [C77, 79, 81, §147.80(15)]
18.  [C81, §147.80(16)]
19.  [C81, §147.80(17)]
24.  [S13, §2600-n; C24, 27, 31, 35, 39, §2516; C46, 50, 54, 58, 62, 66, 71, 73, §147.80(8); C75, §147.80(15); C77, 79, §147.80(16); C81, §147.80(18)]
25.  [C66, 71, 73, §147.80(18); C75, §147.80(16); C77, 79, §147.80(17); C81, §147.80(19)]
84 Acts, ch 1075, §12
; 
85 Acts, ch 168, §7
; 
85 Acts, ch 246, §1
; 
88 Acts, ch 1225, §11
; 
89 Acts, ch 240, §1
; 
91 Acts, ch 228, §2
; 
91 Acts, ch 229, §5
; 
92 Acts, ch 1183, §5
; 
92 Acts, ch 1205, §17
; 
93 Acts, ch 86, §14
; 
96 Acts, ch 1036, §22
; 
98 Acts, ch 1053, §20
; 
2000 Acts, ch 1002, §2
; 
2000 Acts, ch 1053, §4
; 
2001 Acts, ch 24, §31
; 
2001 Acts, ch 58, §8
; 
2003 Acts, ch 93, §2, 14
; 
2004 Acts, ch 1175, §425, 433
; 
2005 Acts, ch 175, §85
; 
2006 Acts, ch 1155, §5, 15
; 
2007 Acts, ch 10, §63
; 
2007 Acts, ch 218, §199, 200
; 
2008 Acts, ch 1088, §33
; 
2009 Acts, ch 133, §49
  147.81  Repealed by 81 Acts, ch 5, §10; 82 Acts, ch 1005, §9. 

  147.82  Fee retention.
  All fees collected by a board listed in section 147.13 or by the department for the bureau of professional licensure, and fees collected pursuant to sections 124.301 and 147.80 and chapter 155A by the board of pharmacy, shall be retained by each board or by the department for the bureau of professional licensure. The moneys retained by a board shall be used for any of the board’s duties, including but not limited to the addition of full-time equivalent positions for program services and investigations. Revenues retained by a board pursuant to this section shall be considered repayment receipts as defined in section 8.2. Notwithstanding section 8.33, moneys retained by a board pursuant to this section are not subject to reversion to the general fund of the state.
[C97, §2583; S13, §2575-a44, 2583-a, -s; C24, 27, 31, 35, 39, §2518; C46, 50, 54, 58, 62, 66, §147.82; C71, 73, §147.82, 153.4; C75, 77, 79, 81, §147.82]
2005 Acts, ch 175, §86
; 
2006 Acts, ch 1155, §6, 15
; 
2006 Acts, ch 1184, §86
; 
2007 Acts, ch 10, §184
; 
2008 Acts, ch 1088, §34
VIOLATIONS — CRIMES — PUNISHMENT

  147.83  Injunction.
  Any person engaging in any business or in the practice of any profession for which a license is required by this subtitle without such license may be restrained by permanent injunction.
[C24, 27, 31, 35, 39, §2519; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.83]
94 Acts, ch 1132, §24
; 
96 Acts, ch 1036, §23
; 
98 Acts, ch 1053, §21

Injunctions, R.C.P. 1.1501 – 1.1511 

  147.84  Forgeries.
  Any person who files or attempts to file with a board any false or forged diploma, certificate or affidavit of identification or qualification, or other document shall be guilty of a fraudulent practice.
[C97, §2580, 2595; S13, §2583-d; C24, 27, 31, 35, 39, §2520; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.84]
2008 Acts, ch 1088, §35

See also §714.8, chapter 715A 

  147.85  Fraud.
  Any person who presents to a board a diploma or certificate of which the person is not the rightful owner, for the purpose of procuring a license, or who falsely impersonates anyone to whom a license has been issued by the board shall be guilty of a serious misdemeanor.
[C97, §2580, 2581, 2595; S13, §2575-a45, 2581, 2583-c, -d; C24, 27, 31, 35, 39, §2521; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.85]
2008 Acts, ch 1088, §36
; 
2009 Acts, ch 133, §50

  147.86  Penalties.
  Any person violating any provision of this subtitle, except insofar as the provisions apply or relate to or affect the practice of pharmacy, or where a specific penalty is otherwise provided, shall be guilty of a serious misdemeanor.
[C97, §2580, 2581, 2588, 2590, 2591, 2595; S13, §2575-a35, -a45, 2581, 2583-d, -r, 2589-d, 2600-o4; SS15, §2588; C24, 27, 31, 35, 39, §2522; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.86]
92 Acts, ch 1183, §6
; 94 Acts, ch 1023, §12
; 94 Acts, ch 1132, §25
; 96 Acts, ch 1036, §24
; 98 Acts, ch 1053, §22
; 2015 Acts, ch 30, §61

Section amended
ENFORCEMENT PROVISIONS

  147.87  Enforcement.
  A board shall enforce the provisions of this chapter and the board’s enabling statute and for that purpose may request the department of inspections and appeals to make necessary investigations. Every licensee and member of a board shall furnish the board or the department of inspections and appeals such evidence as the member or licensee may have relative to any alleged violation which is being investigated.
[C24, 27, 31, 35, 39, §2523; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.87]
90 Acts, ch 1204, §19
; 
94 Acts, ch 1132, §26
; 
96 Acts, ch 1036, §25
; 
98 Acts, ch 1053, §23
; 
2007 Acts, ch 10, §64
; 
2008 Acts, ch 1088, §37
; 
2009 Acts, ch 41, §53

Continuing education and regulation, chapter 272C 

  147.88  Inspections and investigations.
  The department of inspections and appeals may perform inspections and investigations as required by this subtitle, except inspections and investigations for the board of medicine, board of pharmacy, board of nursing, and the dental board. The department of inspections and appeals shall employ personnel related to the inspection and investigative functions.
[C31, 35, §2523-c1; C39, §2523.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.88]
90 Acts, ch 1204, §20
; 
94 Acts, ch 1132, §27
; 
96 Acts, ch 1036, §26
; 
98 Acts, ch 1053, §24
; 
2007 Acts, ch 10, §65
; 
2007 Acts, ch 218, §201
; 
2008 Acts, ch 1088, §38

  147.89  Report of violators.
  Every licensee and member of a board shall report to the board the name of any person without the required license if the licensee or member of the board has reason to believe the person is practicing the profession without a license.
[C24, 27, 31, 35, 39, §2524; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.89]
2007 Acts, ch 10, §66
; 
2008 Acts, ch 1088, §39
; 
2009 Acts, ch 41, §54
  147.90  Rules and forms.  Repealed by 2008 Acts, ch 1088, §78. 

  147.91  Publications.
  Each board shall provide access to the laws and rules regulating the board to the public upon request and shall make this information available through the internet.
[C24, 27, 31, 35, 39, §2526; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.91]
90 Acts, ch 1204, §22
; 
2001 Acts, ch 58, §9
; 
2007 Acts, ch 10, §67
; 
2008 Acts, ch 1088, §40

  147.92  Attorney general.
  Upon request of a board the attorney general shall institute in the name of the state the proper proceedings against any person charged by the board with violating any provision of this or the following chapters of this subtitle.
[S13, §2600-o7; C24, 27, 31, 35, 39, §2527; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.92]
94 Acts, ch 1132, §29
; 
94 Acts, ch 1173, §8
; 
96 Acts, ch 1036, §28
; 
98 Acts, ch 1053, §26
; 
2008 Acts, ch 1088, §41

  147.93  Prima facie evidence.
  The opening of an office or place of business for the practice of any profession for which a license is required by this subtitle, the announcing to the public in any way the intention to practice any such profession, the use of any professional degree or designation, or of any sign, card, circular, device, internet site, or advertisement, as a practitioner of any such profession, or as a person skilled in the same, shall be prima facie evidence of engaging in the practice of such profession.
[S13, §2575-a28, -a31, 2600-o; C24, 27, 31, 35, 39, §2528; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.93]
94 Acts, ch 1132, §30
; 96 Acts, ch 1036, §29
; 98 Acts, ch 1053, §27
; 2008 Acts, ch 1088, §42
; 2013 Acts, ch 90, §257
147.94 through 147.96Repealed by 2008 Acts, ch 1088, §79. 
  147.97  Reserved.

147.98 through 147.100Repealed by 2008 Acts, ch 1088, §79. 

  147.101  Reserved.

147.102 through 147.103ARepealed by 2008 Acts, ch 1088, §79. 
  147.104  Records.  Repealed by 2008 Acts, ch 1088, §78. 

  147.105  Reserved.

ANATOMIC PATHOLOGY

SERVICES BILLING

  147.106  Anatomic pathology services — billing.
  1.  A physician or a clinical laboratory located in this state or in another state that provides anatomic pathology services to a patient in this state shall present or cause to be presented a claim, bill, or demand for payment for such services only to the following persons:
  a.  The patient who is the recipient of the services.
  b.  The insurer or other third-party payor responsible for payment of the services.
  c.  The hospital that ordered the services.
  d.  The public health clinic or nonprofit clinic that ordered the services.
  e.  The referring clinical laboratory, other than the laboratory of a physician’s office or group practice, that ordered the services. A laboratory of a physician’s office or group practice that ordered the services may be presented a claim, bill, or demand for payment if a physician in the physician’s office or group practice is performing the professional component of the anatomic pathology services.
  f.  A governmental agency or a specified public or private agent, agency, or organization that is responsible for payment of the services on behalf of the recipient of the services.
  2.  Except as provided under subsections 5 and 6, a clinical laboratory or a physician providing anatomic pathology services to patients in this state shall not, directly or indirectly, charge, bill, or otherwise solicit payment for such services unless the services were personally rendered by the clinical laboratory or the physician or under the direct supervision of the clinical laboratory or the physician in accordance with section 353 of the federal Public Health Service Act, 42 U.S.C. §263a.
  3.  A person to whom a claim, bill, or demand for payment for anatomic pathology services is submitted is not required to pay the claim, bill, or demand for payment if the claim, bill, or demand for payment is submitted in violation of this section.
  4.  This section shall not be construed to mandate the assignment of benefits for anatomic pathology services as defined in this section.
  5.  This section does not prohibit claims or charges presented to a referring clinical laboratory, other than a laboratory of a physician’s office or group practice unless in accordance with subsection 1, paragraph “e”, by another clinical laboratory when samples are transferred between laboratories for the provision of anatomic pathology services.
  6.  This section does not prohibit claims or charges for anatomic pathology services presented on behalf of a public health clinic or nonprofit clinic that ordered the services provided that the clinic is identified on the claim or charge presented.
  7.  A violation of this section by a physician shall subject the physician to the disciplinary provisions of section 272C.3, subsection 2.
  8.  As used in this section:
  a.  “Anatomic pathology services” includes all of the following:
  (1)  Histopathology or surgical pathology, meaning the gross and microscopic examination and histologic processing of organ tissue performed by a physician or under the supervision of a physician.
  (2)  Cytopathology, meaning the examination of cells from fluids, aspirates, washings, brushings, or smears, including the Pap test examination, performed by a physician or under the supervision of a physician.
  (3)  Hematology, meaning the microscopic evaluation of bone marrow aspirates and biopsies performed by a physician or under the supervision of a physician, and the examination of peripheral blood smears performed by a physician or under the supervision of a physician upon the request of an attending or treating physician or technologist that a blood smear be reviewed by a physician.
  (4)  Subcellular pathology and molecular pathology services performed by a physician or under the supervision of a physician.
  (5)  Bloodbanking services performed by a physician or under the supervision of a physician.
  b.  “Physician” means any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state or in another state.
2005 Acts, ch 10, §1
; 
2005 Acts, ch 179, §120
; 
2006 Acts, ch 1185, §73, 74
; 
2008 Acts, ch 1088, §95
DRUG AND LENS DISPENSING, SUPPLYING,

AND PRESCRIBING

  147.107  Drug dispensing, supplying, and prescribing — limitations.
  1.  A person, other than a pharmacist, physician, dentist, podiatric physician, or veterinarian who dispenses as an incident to the practice of the practitioner’s profession, shall not dispense prescription drugs or controlled substances.
  2.  a.  A pharmacist, physician, dentist, or podiatric physician who dispenses prescription drugs, including but not limited to controlled substances, for human use, may delegate nonjudgmental dispensing functions to staff assistants only when verification of the accuracy and completeness of the dispensing is determined by the pharmacist or practitioner in the pharmacist’s or practitioner’s physical presence. However, the physical presence requirement does not apply when a pharmacist or practitioner is utilizing an automated dispensing system or when a pharmacist is utilizing a tech-check-tech program, as defined in section 155A.3. When using an automated dispensing system the pharmacist or practitioner shall utilize an internal quality control assurance plan that ensures accuracy for dispensing. When using a tech-check-tech program the pharmacist shall utilize an internal quality control assurance plan, in accordance with rules adopted by the board of pharmacy, that ensures accuracy for dispensing. Verification of automated dispensing and tech-check-tech accuracy and completeness remains the responsibility of the pharmacist or practitioner and shall be determined in accordance with rules adopted by the board of pharmacy, the board of medicine, the dental board, and the board of podiatry for their respective licensees.
  b.  A dentist, physician, or podiatric physician who dispenses prescription drugs, other than drug samples, pursuant to this subsection, shall report the fact that they dispense prescription drugs with the practitioner’s respective board at least biennially.
  c.  A physician, dentist, or podiatric physician who dispenses prescription drugs, other than drug samples, pursuant to this subsection, shall offer to provide the patient with a written prescription that may be dispensed from a pharmacy of the patient’s choice or offer to transmit the prescription orally, electronically, or by facsimile in accordance with section 155A.27 to a pharmacy of the patient’s choice.
  3.  A physician assistant or registered nurse may supply, when pharmacist services are not reasonably available or when it is in the best interests of the patient, on the direct order of the supervising physician, a quantity of properly packaged and labeled prescription drugs, controlled substances, or contraceptive devices necessary to complete a course of therapy. However, a remote clinic, staffed by a physician assistant or registered nurse, where pharmacy services are not reasonably available, shall secure the regular advice and consultation of a pharmacist regarding the distribution, storage, and appropriate use of such drugs, substances, and devices.
  4.  Notwithstanding subsection 3, a physician assistant shall not dispense prescription drugs as an incident to the practice of the supervising physician or the physician assistant, but may supply, when pharmacist services are not reasonably available, or when it is in the best interests of the patient, a quantity of properly packaged and labeled prescription drugs, controlled substances, or medical devices necessary to complete a course of therapy. However, a remote clinic, staffed by a physician assistant, where pharmacy services are not reasonably available, shall secure the regular advice and consultation of a pharmacist regarding the distribution, storage, and appropriate use of such drugs, substances, and devices. Prescription drugs supplied under the provisions of this subsection shall be supplied for the purpose of accommodating the patient and shall not be sold for more than the cost of the drug and reasonable overhead costs, as they relate to supplying prescription drugs to the patient, and not at a profit to the physician or the physician assistant. If prescription drug supplying authority is delegated by a supervising physician to a physician assistant, a nurse or staff assistant may assist the physician assistant in providing that service. Rules shall be adopted by the board of physician assistants, after consultation with the board of pharmacy, to implement this subsection.
  5.  Notwithstanding subsection 1 and any other provision of this section to the contrary, a physician may delegate the function of prescribing drugs, controlled substances, and medical devices to a physician assistant licensed pursuant to chapter 148C. When delegated prescribing occurs, the supervising physician’s name shall be used, recorded, or otherwise indicated in connection with each individual prescription so that the individual who dispenses or administers the prescription knows under whose delegated authority the physician assistant is prescribing. Rules relating to the authority of physician assistants to prescribe drugs, controlled substances, and medical devices pursuant to this subsection shall be adopted by the board of physician assistants, after consultation with the board of medicine and the board of pharmacy. However, the rules shall prohibit the prescribing of schedule II controlled substances which are listed as depressants pursuant to chapter 124.
  6.  Health care providers shall consider the instructions of the physician assistant to be instructions of the supervising physician if the instructions concern duties delegated to the physician assistant by a supervising physician.
  7.  Notwithstanding subsection 1, a family planning clinic may dispense birth control drugs and devices upon the order of a physician. Subsections 2 and 3 do not apply to a family planning clinic under this subsection.
  8.  Notwithstanding subsection 1, but subject to the limitations contained in subsections 2 and 3, a registered nurse who is licensed as an advanced registered nurse practitioner may prescribe substances or devices, including controlled substances or devices, if the nurse is engaged in the practice of a nursing specialty regulated under rules adopted by the board of nursing in consultation with the board of medicine and the board of pharmacy.
  9.  Notwithstanding section 147.86, a person, including a pharmacist, who violates this section is guilty of a simple misdemeanor.
84 Acts, ch 1006, §1
; 88 Acts, ch 1232, §1
; 91 Acts, ch 238, §1
; 91 Acts, ch 239, §1
; 92 Acts, ch 1163, §37
; 92 Acts, ch 1183, §10
; 94 Acts, ch 1134, §1
; 95 Acts, ch 108, §5
; 2002 Acts, ch 1108, §13
; 2003 Acts, ch 93, §3, 14
; 2003 Acts, ch 108, §39
; 2004 Acts, ch 1036, §8
; 2004 Acts, ch 1101, §22
; 2006 Acts, ch 1094, §1
; 2007 Acts, ch 10, §78
; 2007 Acts, ch 218, §202
; 2008 Acts, ch 1016, §1
; 2008 Acts, ch 1088, §43
; 2015 Acts, ch 56, §3

Additional persons authorized, see §154.1, 155A.4
Notwithstanding subsection 2 or section 155A.33, board of pharmacy authorized to approve a pilot or demonstration research project relating to authority of prescription validation and pharmacist ability to provide enhanced patient care; see 
2011 Acts, ch 63, §36
; 
2012 Acts, ch 1113, §31
; 
2013 Acts, ch 138, §128
Subsection 8 amended

  147.108  Contact lens prescribing and dispensing.
  1.  A person shall not dispense or adapt contact lenses without first receiving authorization to do so by a written, electronic, or facsimile prescription, except when authorized orally under subsection 2, from a person licensed under chapter 148 or 154. The board of optometry shall adopt rules relating to electronic or facsimile transmission of a prescription under this section.
  2.  After contact lenses have been adequately adapted and the patient released from initial follow-up care by a person licensed under chapter 148 or 154, the patient may request a copy, at no cost, of the contact lens prescription from that licensed person. A person licensed under chapter 148 or 154 shall not withhold a contact lens prescription after the requirements of this section have been met. The prescription, at the option of the prescriber, may be given orally only to a person who is actively practicing and licensed under chapter 148, 154, or 155A. The contact lens prescription shall contain an expiration date, at the discretion of the prescriber, but not to exceed eighteen months. The contact lens prescription shall contain the necessary requirements of the ophthalmic lens, and the prescription validation requirements as defined by rules adopted pursuant to this section. The prescription may contain adapting and material guidelines and may also contain specific instructions for use by the patient. For the purpose of this section, “ophthalmic lens” means one which has been fabricated to fill the requirements of a particular contact lens prescription, including pharmaceutical-delivering contact lenses as defined in section 154.1, subsection 3.
  3.  A person who fills a contact lens prescription shall maintain a file of a valid prescription for a period of two years.
  4.  Notwithstanding section 147.86, a person who violates this section is guilty of a simple misdemeanor for a first violation. Subsequent violations are governed by section 147.86.
94 Acts, ch 1098, §1
; 2004 Acts, ch 1036, §9
; 2007 Acts, ch 10, §79
; 2008 Acts, ch 1088, §96
; 2010 Acts, ch 1010, §1
; 2012 Acts, ch 1004, §1

  147.109  Ophthalmic spectacle lens prescribing and dispensing.
  1.  A person shall not dispense or adapt an ophthalmic spectacle lens or lenses without first receiving authorization to do so by a written, electronic, or facsimile prescription from a person licensed under chapter 148 or 154. For the purpose of this section, “ophthalmic spectacle lens” means one which has been fabricated to fill the requirements of a particular spectacle lens prescription. The board of optometry shall adopt rules relating to electronic or facsimile transmission of a prescription under this section.
  2.  Upon completion of an eye examination, a person licensed under chapter 148 or 154 shall furnish the patient a copy of their ophthalmic spectacle lens prescription at no cost. The ophthalmic spectacle lens prescription shall contain an expiration date. The ophthalmic spectacle lens prescription shall contain the requirements of the ophthalmic spectacle lens and the prescription validation requirements as defined by rules adopted pursuant to this section. The prescription, at the option of the prescriber, may contain adapting and material guidelines and may also contain specific instructions for use by the patient.
  3.  Upon request of a patient, a person licensed under chapter 148 or 154 shall provide the prescription of the patient, if the prescription has not expired, at no cost to another person licensed under chapter 148 or 154. The person licensed under chapter 148 or 154 shall accept the prescription and shall not require the patient to undergo an eye examination unless, due to observation or patient history, the licensee has reason to require an examination.
  4.  A dispenser shall maintain a file of a valid prescription for a period of two years.
  5.  Notwithstanding section 147.86, a person who violates this section is guilty of a simple misdemeanor for a first violation. Subsequent violations are governed by section 147.86.
94 Acts, ch 1098, §2
; 
2004 Acts, ch 1036, §10
; 
2007 Acts, ch 10, §80
; 
2008 Acts, ch 1088, §97
  147.110  Reserved.

WOUNDS BY CRIMINAL VIOLENCE OR MOTOR VEHICLE

  147.111  Report of treatment of wounds and other injuries.
  1.   A person licensed under the provisions of this subtitle who administers any treatment to any person suffering a gunshot or stab wound or other serious injury, as defined in section 702.18, which appears to have been received in connection with the commission of a criminal offense, or a motor vehicle accident or crash, or to whom an application is made for treatment of any nature because of any such gunshot or stab wound or other serious injury, as defined in section 702.18, shall at once but not later than twelve hours thereafter, report that fact to the law enforcement agency within whose jurisdiction the treatment was administered or an application for treatment was made, or if ascertainable, to the law enforcement agency in whose jurisdiction the gunshot or stab wound or other serious injury occurred, stating the name of such person, the person’s residence if ascertainable, and giving a brief description of the gunshot or stab wound or other serious injury. 
  2.  A person certified under the provisions of chapter 147A who administers any treatment to any person suffering a gunshot or stab wound or other serious injury, as defined in section 702.18, which appears to have been received in connection with the commission of a criminal offense, or a motor vehicle accident or crash, or to whom an application is made for treatment of any nature because of any such gunshot or stab wound or other serious injury, may report that fact to the law enforcement agency within whose jurisdiction the treatment was administered or application for treatment was made, or if ascertainable, to the law enforcement agency in whose jurisdiction the gunshot or stab wound or other serious injury occurred, stating the name of the person, the person’s residence if ascertainable, and giving a brief description of the gunshot or stab wound or other serious injury.
  3.  Any provision of law or rule of evidence relating to a confidential communication is suspended for communications under this section.
[C31, 35, §2537-d1; C39, §2537.7; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.111]
93 Acts, ch 100, §2
; 94 Acts, ch 1132, §31
; 96 Acts, ch 1036, §30
; 98 Acts, ch 1053, §28
; 99 Acts, ch 114, §8
; 2010 Acts, ch 1127, §1

  147.112  Investigation and report by law enforcement agency.
  The law enforcement agency who has received any report required by this chapter and who has any reason to believe that the person injured was involved in the commission of any crime, either as perpetrator or victim, shall at once commence an investigation into the circumstances of the gunshot or stab wound or other serious injury and make a report of the investigation to the county attorney in whose jurisdiction the gunshot or stab wound or other serious injury occurred. Law enforcement personnel shall not divulge any information received under the provisions of this section and section 147.111 to any person other than a law enforcing officer, and then only in connection with the investigation of the alleged commission of a crime.
[C31, 35, §2537-d2; C39, §2537.8; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.112]
93 Acts, ch 100, §3
; 
99 Acts, ch 114, §9

“Serious injury” definition, see §702.18

  147.113  Violations.
  Any person failing to make the report required herein shall be guilty of a simple misdemeanor.
[C31, 35, §2537-d3; C39, §2537.9; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.113]
BURN INJURIES

  147.113A  Report of burn injuries.
  Any person licensed under the provisions of this subtitle who administers any treatment to a person suffering a burn which appears to be of a suspicious nature on the body, a burn to the upper respiratory tract, a laryngeal edema due to the inhalation of super-heated air, or a burn injury that is likely to result in death, which appears to have been received in connection with the commission of a criminal offense, or to whom an application is made for treatment of any nature because of any such burn or burn injury shall at once but not later than twelve hours after treatment was administered or application was made report the fact to law enforcement. The report shall be made to the law enforcement agency within whose jurisdiction the treatment was administered or application was made, or if ascertainable, to the law enforcement agency in whose jurisdiction the burn or burn injury occurred, stating the name of such person, the person’s residence if ascertainable, and giving a brief description of the burn or burn injury. Any provision of law or rule of evidence relative to confidential communications is suspended insofar as the provisions of this section are concerned.
2003 Acts, ch 134, §1
INSPECTOR FOR DENTAL BOARD

  147.114  Inspector.  Transferred to §153.33, subsection 7; 2009 Acts, ch 133, §192. 

147.115 through 147.134Reserved.
MALPRACTICE

  147.135  Peer review committees — nonliability — records and reports privileged and confidential.
  1.  A person shall not be civilly liable as a result of acts, omissions, or decisions made in connection with the person’s service on a peer review committee. However, such immunity from civil liability shall not apply if an act, omission, or decision is made with malice.
  2.  As used in this subsection, “peer review records” means all complaint files, investigation files, reports, and other investigative information relating to licensee discipline or professional competence in the possession of a peer review committee or an employee of a peer review committee. As used in this subsection, “peer review committee” does not include licensing boards. Peer review records are privileged and confidential, are not subject to discovery, subpoena, or other means of legal compulsion for release to a person other than an affected licensee or a peer review committee, and are not admissible in evidence in a judicial or administrative proceeding other than a proceeding involving licensee discipline or a proceeding brought by a licensee who is the subject of a peer review record and whose competence is at issue. A person shall not be liable as a result of filing a report or complaint with a peer review committee or providing information to such a committee, or for disclosure of privileged matter to a peer review committee. A person present at a meeting of a peer review committee shall not be permitted to testify as to the findings, recommendations, evaluations, or opinions of the peer review committee in any judicial or administrative proceeding other than a proceeding involving licensee discipline or a proceeding brought by a licensee who is the subject of a peer review committee meeting and whose competence is at issue. Information or documents discoverable from sources other than the peer review committee do not become nondiscoverable from the other sources merely because they are made available to or are in the possession of a peer review committee. However, such information relating to licensee discipline may be disclosed to an appropriate licensing authority in any jurisdiction in which the licensee is licensed or has applied for a license. If such information indicates a crime has been committed, the information shall be reported to the proper law enforcement agency. This subsection shall not preclude the discovery of the identification of witnesses or documents known to a peer review committee. Any final written decision and finding of fact by a licensing board in a disciplinary proceeding is a public record. Upon appeal by a licensee of a decision of a board, the entire case record shall be submitted to the reviewing court. In all cases where privileged and confidential information under this subsection becomes discoverable, admissible, or part of a court record the identity of an individual whose privilege has been involuntarily waived shall be withheld.
  3.  a.  A full and confidential report concerning any final hospital disciplinary action approved by a hospital board of trustees that results in a limitation, suspension, or revocation of a physician’s privilege to practice for reasons relating to the physician’s professional competence or concerning any voluntary surrender or limitation of privileges for reasons relating to professional competence shall be made to the board of medicine by the hospital administrator or chief of medical staff within ten days of such action. The board of medicine shall investigate the report and take appropriate action. These reports shall be privileged and confidential as though included in and subject to the requirements for peer review committee information in subsection 2. Persons making these reports and persons participating in resulting proceedings related to these reports shall be immune from civil liability with respect to the making of the report or participation in resulting proceedings. As used in this subsection, “physician” means a person licensed pursuant to chapter 148.
  b.  Notwithstanding subsection 2, if the board of medicine conducts an investigation based on a complaint received or upon its own motion, a hospital pursuant to subpoena shall make available information and documents requested by the board, specifically including reports or descriptions of any complaints or incidents concerning an individual who is the subject of the board’s investigation, even though the information and documents are also kept for, are the subject of, or are being used in peer review by the hospital. However, the deliberations, testimony, decisions, conclusions, findings, recommendations, evaluations, work product, or opinions of a peer review committee or its members and those portions of any documents or records containing or revealing information relating thereto shall not be subject to the board’s request for information, subpoena, or other legal compulsion. All information and documents received by the board from a hospital under this section shall be confidential pursuant to section 272C.6, subsection 4.
[C77, 79, 81, §147.135]
86 Acts, ch 1211, §14
; 
90 Acts, ch 1086, §7
; 
2007 Acts, ch 10, §82
; 
2009 Acts, ch 133, §51

  147.136  Scope of recovery.
  1.  Except as otherwise provided in subsection 2, in an action for damages for personal injury against a physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, or nurse licensed to practice that profession in this state, or against a hospital licensed for operation in this state, based on the alleged negligence of the practitioner in the practice of the profession or occupation, or upon the alleged negligence of the hospital in patient care, in which liability is admitted or established, the damages awarded shall not include actual economic losses incurred or to be incurred in the future by the claimant by reason of the personal injury, including but not limited to the cost of reasonable and necessary medical care, rehabilitation services, and custodial care, and the loss of services and loss of earned income, to the extent that those losses are replaced or are indemnified by insurance, or by governmental, employment, or service benefit programs or from any other source.
  2.  This section shall not bar recovery of economic losses replaced or indemnified by any of the following:
  a.  Benefits received under the medical assistance program under chapter 249A.
  b.  The assets of the claimant or of the members of the claimant’s immediate family.
[C77, 79, 81, §147.136]
95 Acts, ch 108, §6
; 2008 Acts, ch 1088, §141
; 2011 Acts, ch 129, §85, 156

  147.137  Consent in writing.
  A consent in writing to any medical or surgical procedure or course of procedures in patient care which meets the requirements of this section shall create a presumption that informed consent was given. A consent in writing meets the requirements of this section if it:
  1.  Sets forth in general terms the nature and purpose of the procedure or procedures, together with the known risks, if any, of death, brain damage, quadriplegia, paraplegia, the loss or loss of function of any organ or limb, or disfiguring scars associated with such procedure or procedures, with the probability of each such risk if reasonably determinable.
  2.  Acknowledges that the disclosure of that information has been made and that all questions asked about the procedure or procedures have been answered in a satisfactory manner.
  3.  Is signed by the patient for whom the procedure is to be performed, or if the patient for any reason lacks legal capacity to consent, is signed by a person who has legal authority to consent on behalf of that patient in those circumstances.
[C77, 79, 81, §147.137]

  147.138  Contingent fee of attorney reviewed by court.
  In any action for personal injury or wrongful death against any physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor or nurse licensed under this chapter or against any hospital licensed under chapter 135B, based upon the alleged negligence of the licensee in the practice of that profession or occupation, or upon the alleged negligence of the hospital in patient care, the court shall determine the reasonableness of any contingent fee arrangement between the plaintiff and the plaintiff’s attorney.
[C77, 79, 81, §147.138]
95 Acts, ch 108, §7
; 
2008 Acts, ch 1088, §141

  147.139  Expert witness standards.
  If the standard of care given by a physician and surgeon or an osteopathic physician and surgeon licensed pursuant to chapter 148, or a dentist licensed pursuant to chapter 153, is at issue, the court shall only allow a person to qualify as an expert witness and to testify on the issue of the appropriate standard of care if the person’s medical or dental qualifications relate directly to the medical problem or problems at issue and the type of treatment administered in the case.
86 Acts, ch 1211, §16
; 
2008 Acts, ch 1088, §98
147.140 through 147.150Reserved.
SPEECH PATHOLOGISTS AND AUDIOLOGISTS
147.151 and 147.152Repealed by 2008 Acts, ch 1088, §79.  See §154F.1, 154F.2. 
147.153 through 147.156Repealed by 2008 Acts, ch 1088, §78.  See §154F.3 through 154F.6. 
147.157 through 147.160Reserved.
BASIC EMERGENCY MEDICAL CARE PROVIDERS
  147.161  Repealed by 95 Acts, ch 41, §27.  See chapter 147A.