House File 803 H-1294 Amend House File 803 as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 DUTIES OF PHYSICIAN ASSISTANTS > 4 2. Page 1, before line 25 by inserting: 5 < Sec. ___. Section 96.5, subsection 1, paragraphs d and e, 6 Code 2021, are amended to read as follows: 7 d. The individual left employment because of illness, 8 injury, or pregnancy upon the advice of a licensed and 9 practicing physician or physician assistant , and upon knowledge 10 of the necessity for absence immediately notified the employer, 11 or the employer consented to the absence, and after recovering 12 from the illness, injury, or pregnancy, when recovery was 13 certified by a licensed and practicing physician or physician 14 assistant , the individual returned to the employer and offered 15 to perform services and the individual’s regular work or 16 comparable suitable work was not available, if so found by the 17 department, provided the individual is otherwise eligible. 18 e. The individual left employment upon the advice of a 19 licensed and practicing physician or physician assistant , 20 for the sole purpose of taking a member of the individual’s 21 family to a place having a different climate, during which 22 time the individual shall be deemed unavailable for work, and 23 notwithstanding during such absence the individual secures 24 temporary employment, and returned to the individual’s 25 regular employer and offered the individual’s services and the 26 individual’s regular work or comparable work was not available, 27 provided the individual is otherwise eligible. > 28 3. Page 9, line 7, after < assistant > by inserting < who meets 29 the qualifications set forth in the definition of a mental 30 health professional in section 228.1 > 31 4. Page 9, line 11, after < assistant > by inserting < who 32 meets the qualifications set forth in the definition of a 33 mental health professional in section 228.1 > 34 5. Page 10, line 1, after < assistant > by inserting < who 35 -1- HF803.1540 (2) 89 ss/rh 1/ 20 #1. #2. #3. #4.

meets the qualifications set forth in the definition of a 1 mental health professional in section 228.1 > 2 6. Page 10, line 3, after < assistant > by inserting < who 3 meets the qualifications set forth in the definition of a 4 mental health professional in section 228.1 > 5 7. By striking page 15, line 34, through page 17, line 31. 6 8. By striking page 20, line 19, through page 55, line 26, 7 and inserting: 8 < DIVISION ___ 9 DUTIES OF PHYSICIAN ASSISTANTS —— RULES 10 Sec. ___. NEW SECTION . 147.77 Powers, privileges, rights, 11 or duties provided by rule —— applicability to physician 12 assistants. 13 1. The following agencies that adopt rules pursuant to 14 chapter 17A providing a power, privilege, right, or duty to 15 a physician licensed under chapter 148 or other profession 16 licensed under this subtitle relating to the following subjects 17 shall, consistent with the scope of practice of physician 18 assistants licensed under chapter 148C, and unless otherwise 19 inconsistent with state or federal law, provide the same power, 20 privilege, right, or duty by rule to a physician assistant 21 licensed under chapter 148C: 22 a. The department of administrative services, with respect 23 to rules relating to the following: 24 (1) Retroactive conversion of vacation time to sick leave 25 for vacation time spent under the care of a physician. 26 (2) Certification of a catastrophic illness by a physician 27 for purposes of donation of leave and second medical 28 opinions and updates sought from a physician relating to such 29 certifications. 30 b. The department on aging, with respect to rules relating 31 to a written order from a physician for an older individual 32 requesting a therapeutic diet, and the interpretation of such 33 orders. 34 c. The department of corrections, with respect to rules 35 -2- HF803.1540 (2) 89 ss/rh 2/ 20 #6. #7. #8.

relating to the following: 1 (1) That a parolee shall not use, purchase, possess, or 2 transfer any drugs unless prescribed by a physician. 3 (2) That a serious medical need is one that has been 4 diagnosed by a physician as requiring treatment or is one so 5 obvious that a lay person would easily recognize the necessity 6 for a physician’s attention. 7 (3) That each jail shall have a designated licensed 8 physician, licensed osteopathic physician, or medical resource 9 designated for the medical supervision, care, and treatment of 10 prisoners as deemed necessary and appropriate. 11 (4) That prescription medication, as ordered by a licensed 12 physician, licensed osteopathic physician, or licensed dentist 13 shall be provided in accordance with the directions of the 14 prescribing physician or dentist. Prisoners with medication 15 from a personal physician, osteopathic physician, or dentist 16 may be evaluated by a physician, osteopathic physician, or 17 dentist selected by the jail administrator to determine if the 18 present medication is appropriate. 19 (5) That expired drugs or drugs not in unit dose packaging, 20 whose administration had been discontinued by the attending 21 physician, shall be destroyed by the jail administrator or 22 designee in the presence of a witness. 23 (6) That special diets in jails prescribed by a physician 24 shall be followed and documented, that the physician who 25 prescribes the special diet shall specify a date on which the 26 diet will be reviewed for renewal or discontinuation, and that 27 unless specified by the prescribing physician, a certified 28 dietitian shall develop the menu. 29 (7) That special diets prescribed by a physician for the 30 care and treatment of juveniles in nonsecure hold shall be 31 followed and documented. 32 (8) For medical services in temporary holding facilities, 33 that a serious medical need is one that has been diagnosed by 34 a physician as requiring treatment or one that is so obvious 35 -3- HF803.1540 (2) 89 ss/rh 3/ 20

that a lay person would easily recognize the necessity for a 1 physician’s attention. 2 (9) For medical resources in temporary holding facilities, 3 that each facility shall have a designated licensed physician, 4 licensed osteopathic physician, or medical resource designated 5 for the medical supervision, care, and treatment of detainees 6 as deemed necessary and appropriate. 7 (10) Medication procedures in temporary holding facilities, 8 that prescription medication, as ordered by a licensed 9 physician, licensed osteopathic physician, or licensed dentist 10 shall be provided in accordance with the directions of the 11 prescribing physician or dentist. Detainees with medication 12 from a personal physician, osteopathic physician, or dentist 13 may be evaluated by a physician, osteopathic physician, or 14 dentist selected by the facility administrator to determine if 15 the present medication is appropriate. 16 (11) For medication storage in temporary holding 17 facilities, that expired drugs or drugs not in unit dose 18 packaging, whose administration had been discontinued by 19 the attending physician, shall be destroyed by the facility 20 administrator or designee in the presence of a witness. 21 (12) For medical diets in temporary holding facilities, 22 that special diets as prescribed by a physician shall be 23 followed and documented. 24 (13) For medical care and treatment for juveniles in 25 nonsecure holds in temporary holding facilities, that special 26 diets as prescribed by a physician shall be followed and 27 documented. 28 d. The economic development authority, with respect to rules 29 relating to the certification of a person with a disability 30 for the purpose of the targeted small business program, that 31 in order to be considered a person with a disability for the 32 purpose of the targeted small business program, the person must 33 qualify and receive certification as having a disability from 34 a licensed medical physician or must have been found eligible 35 -4- HF803.1540 (2) 89 ss/rh 4/ 20

for vocational rehabilitation services by the department of 1 education, division of vocational rehabilitation services, or 2 by the department for the blind. 3 e. The department of education, with respect to rules 4 relating to the following: 5 (1) For statements relating to medication administration 6 policies, that a statement that persons administering 7 medication shall include authorized practitioners, such as 8 licensed registered nurses and physicians, and persons to whom 9 authorized practitioners have delegated the administration 10 of prescription and nonprescription drugs. Individuals 11 shall self-administer asthma or other airway constricting 12 disease medication or possess and have use of an epinephrine 13 auto-injector with parent and physician consent on file, 14 without the necessity of demonstrating competency to 15 self-administer these medications. 16 (2) For medication administration courses relating 17 to medication administration policies, that a medication 18 administration course be conducted by a registered nurse 19 or licensed pharmacist and include an annual medication 20 administration procedural skills check completed with a 21 registered nurse or pharmacist. 22 (3) For school-based youth services programs, that 23 preventive and primary health care services shall be delivered 24 by specifically credentialed providers as specified. 25 f. The department of human services, with respect to rules 26 relating to the following: 27 (1) That an incident for purposes of accreditation 28 of providers of services to persons with mental illness, 29 intellectual disabilities, or developmental disabilities 30 includes but is not limited to an occurrence involving the 31 individual using the service that results in a physical injury 32 to or by the individual that requires a physician’s treatment 33 or admission to a hospital. 34 (2) That a mental health professional, for purposes 35 -5- HF803.1540 (2) 89 ss/rh 5/ 20

of accreditation of providers of services to persons with 1 mental illness, intellectual disabilities, or developmental 2 disabilities, includes a medical professional licensed in this 3 state, provided that the professional otherwise meets all of 4 the conditions to qualify as a mental health professional. 5 (3) That home health aide services for purposes of 6 disability services management and regional services may 7 include medications specifically ordered by a physician. 8 (4) That payment relating to the state supplementary 9 assistance program for residential care shall only be made when 10 there is on file an order written by a physician certifying 11 that the applicant or recipient being admitted requires 12 residential care but does not require nursing services. 13 (5) That a case folder for a facility participating in 14 the state supplementary assistance program must include a 15 physician’s statement certifying that a resident does not 16 require nursing services. 17 (6) That personnel providing psychological evaluations 18 and counseling or psychotherapy services for area education 19 agencies under the medical assistance program include specified 20 professions endorsed, licensed, or registered in this state, 21 provided that the professional otherwise meets all of the 22 conditions to qualify as a mental health professional. 23 (7) That personnel providing psychological evaluations and 24 counseling or psychotherapy services for providers of infant 25 and toddler program services under the medical assistance 26 program include specified professions endorsed, licensed, 27 or registered in this state, provided that the professional 28 otherwise meets all of the conditions to qualify as a mental 29 health professional. 30 (8) That personnel providing other services for providers 31 of infant and toddler program services under the medical 32 assistance program include specified professions recognized, 33 endorsed, or licensed in this state, provided that the 34 professional otherwise meets all of the conditions to qualify 35 -6- HF803.1540 (2) 89 ss/rh 6/ 20

as a mental health professional. 1 (9) That personnel providing psychological evaluations 2 and counseling or psychotherapy services for providers of 3 local education agency services under the medical assistance 4 program include specified professions endorsed, licensed, 5 or registered in this state, provided that the professional 6 otherwise meets all of the conditions to qualify as a mental 7 health professional. 8 (10) That personnel providing other services for providers 9 of local education agency services under the medical assistance 10 program include specified professions recognized, endorsed, 11 or licensed in this state, provided that the professional 12 otherwise meets all of the conditions to qualify as a mental 13 health professional. 14 (11) For payment for medically necessary home health agency 15 services under the medical assistance program, that payment 16 shall be approved for medically necessary home health agency 17 services prescribed by a physician in a plan of home health 18 care provided by a Medicare-certified home health agency. 19 (12) For authorization for medically necessary home health 20 agency services under the medical assistance program, that 21 services shall be authorized by a physician, evidenced by the 22 physician’s signature and date on a plan of treatment. 23 (13) For treatment plans of home health agencies under the 24 medical assistance program, that a member’s medical condition 25 shall be reflected by the date last seen by a physician, if 26 available. 27 (14) For items included in treatment plans of home health 28 agencies under the medical assistance program, that a plan of 29 care shall include a physician’s signature and date and that 30 the plan of care must be signed and dated by the physician 31 before the claim for service is submitted for reimbursement. 32 (15) For skilled nursing services provided by a home health 33 agency under the medical assistance program, that medical 34 documentation shall be submitted justifying the need for 35 -7- HF803.1540 (2) 89 ss/rh 7/ 20

continued visits, including the physician’s estimate of the 1 length of time that additional visits will be necessary, and 2 that daily skilled nursing visits or multiple daily visits for 3 wound care or insulin injections shall be covered when ordered 4 by a physician and included in the plan of care. 5 (16) For physical therapy services provided by a home health 6 agency under the medical assistance program, that payment shall 7 be made for physical therapy services when the services follow 8 a treatment plan established by the physician after any needed 9 consultation with the qualified physical therapist. 10 (17) For occupational therapy services provided by a 11 home health agency under the medical assistance program, 12 that payment shall be made for occupational therapy services 13 when the services follow a treatment plan established by the 14 physician. 15 (18) For speech therapy services provided by a home health 16 agency under the medical assistance program, that payment shall 17 be made for speech therapy services when the services follow a 18 treatment plan established by the physician. 19 (19) For home health aide services provided by a home health 20 agency under the medical assistance program, that the service 21 as well as the frequency and duration are stated in a written 22 plan of treatment established by a physician. 23 (20) For home health aide services provided by a home health 24 agency under the medical assistance program, that services 25 provided for specified durations when ordered by a physician 26 and included in a plan of care shall be allowed as intermittent 27 services. 28 (21) For home health aide services provided by a home health 29 agency under the medical assistance program, that personal 30 care services include helping the member take medications 31 specifically ordered by a physician. 32 (22) For private duty nursing or personal care services for 33 persons aged twenty and under, under the medical assistance 34 program, that private duty nursing services are those services 35 -8- HF803.1540 (2) 89 ss/rh 8/ 20

which are provided by a registered nurse or a licensed 1 practical nurse under the direction of the member’s physician 2 to a member in the member’s place of residence or outside the 3 member’s residence, when normal life activities take the member 4 outside the place of residence. 5 (23) For private duty nursing or personal care services for 6 persons aged twenty and under, under the medical assistance 7 program, that services shall be provided according to a written 8 plan of care authorized by a licensed physician. 9 (24) For private duty nursing or personal care services for 10 persons aged twenty and under, under the medical assistance 11 program, that personal care services are those services 12 provided by a home health aide or certified nurse’s aide and 13 which are delegated and supervised by a registered nurse under 14 the direction of the member’s physician to a member in the 15 member’s place of residence or outside the member’s residence, 16 when normal life activities take the member outside the place 17 of residence, and that these services shall be in accordance 18 with the member’s plan of care and authorized by a physician. 19 (25) For requirements for private duty nursing or personal 20 care services for persons aged twenty and under, under the 21 medical assistance program, that private duty nursing or 22 personal care services shall be ordered in writing by a 23 physician as evidenced by the physician’s signature on the plan 24 of care. 25 (26) For obtaining prescription medications for children in 26 juvenile detention and shelter care homes, that prescription 27 medication provided to residents shall be dispensed only from a 28 licensed pharmacy in this state in accordance with state law, 29 from a licensed pharmacy in another state according to the laws 30 of that state, or by a licensed physician. 31 (27) For health and dental programs provided by agencies 32 providing foster care services, that a child’s physical 33 examination shall be performed by a licensed physician or 34 licensed nurse practitioner. 35 -9- HF803.1540 (2) 89 ss/rh 9/ 20

(28) For health and dental programs provided by agencies 1 providing foster care services, that if documentation of prior 2 immunization is unavailable, immunizations required by the 3 department of public health shall begin within thirty days of 4 placement, unless contraindicated and unless a statement from 5 a physician to that effect is included in the child’s medical 6 record, and that a statement from a physician, referring 7 agency, parent, or guardian indicating immunizations are 8 current is sufficient documentation of immunizations. 9 (29) For the dispensing, storage, authorization, and 10 recording of medications in child care centers, that all 11 medications shall be stored in their original containers, with 12 accompanying physician or pharmacist’s directions and label 13 intact and stored so they are inaccessible to children and the 14 public. 15 (30) For an infants’ area in a child care center, that 16 upon the recommendation of a child’s physician or the area 17 education agency serving the child, a child who is two years 18 of age or older with a disability that results in significant 19 developmental delays in physical and cognitive functioning who 20 does not pose a threat to the safety of the infants may, if 21 appropriate and for a limited time approved by the department, 22 remain in the infant area. 23 (31) For facility requirements for a child development 24 home, that the telephone number for each child’s physician 25 shall be written on paper and readily accessible by the 26 telephone. 27 (32) For medications and hazardous materials in a child 28 development home, that medications shall be given only with 29 the parent’s or doctor’s written authorization, and that each 30 prescribed medication shall be accompanied by a physician’s or 31 pharmacist’s direction. 32 (33) For medical reports regarding the health of a family 33 in a family life home, that a medical report shall provide 34 significant findings of a physician, such as the presence or 35 -10- HF803.1540 (2) 89 ss/rh 10/ 20

absence of any communicable disease. 1 (34) For medical reexaminations of a family in a family 2 life home, that medical reexaminations may be required at the 3 discretion of a physician. 4 (35) For medical examinations of a client in a family life 5 home, that a physician shall certify that the client is free 6 from any communicable disease and does not require a higher 7 level of care than that provided by a family life home. 8 (36) For the records of a client in a family life home, 9 that the family shall have available at all times, the name, 10 address, and telephone number of the client’s physician. 11 (37) For the facility requirements for a child care home, 12 that the telephone number for each child’s physician shall be 13 written on paper and readily accessible by the telephone. 14 (38) For the administration of medications at a child care 15 home, that medications shall be given only with the parent’s or 16 doctor’s written authorization and each prescribed medication 17 shall be accompanied by a physician’s or pharmacist’s 18 direction. 19 (39) For payments for foster care, that an intellectual 20 disabilities professional includes specified professions, 21 provided that the professional otherwise meets all of 22 the conditions to qualify as an intellectual disabilities 23 professional. 24 (40) For payments for foster care, that a mental health 25 professional includes specified professions, provided that the 26 professional otherwise meets all of the conditions to qualify 27 as a mental health professional. 28 (41) For the subsidized adoption program, that a qualified 29 intellectual disability professional includes specified 30 professions, provided that the professional otherwise meets 31 all of the conditions to qualify as a qualified intellectual 32 disability professional. 33 (42) For the subsidized adoption program, that a qualified 34 mental health professional includes specified professions, 35 -11- HF803.1540 (2) 89 ss/rh 11/ 20

provided that the professional otherwise meets all of 1 the conditions to qualify as a qualified mental health 2 professional. 3 (43) For the information provided to a foster care provider 4 by a department worker at the time of placement, that the 5 information shall include the names, addresses, and telephone 6 numbers of the child’s physician and dentist. 7 g. The department of inspections and appeals, with respect 8 to rules relating to the following: 9 (1) For the qualifications of an attending physician at a 10 hospice, that the person shall have an active Iowa license to 11 practice medicine. 12 (2) For residential care facilities for persons with 13 intellectual disabilities, that a qualified intellectual 14 disability professional includes specified professions, 15 provided that the professional otherwise meets all of the 16 conditions to qualify as a qualified intellectual disability 17 professional. 18 (3) For nursing facilities, that a qualified intellectual 19 disabilities professional includes specified professions, 20 provided that the professional otherwise meets all of the 21 conditions to qualify as a qualified intellectual disabilities 22 professional. 23 (4) For intermediate care facilities for persons with 24 mental illness, that a qualified mental health professional 25 includes specified professions, provided that the professional 26 otherwise meets all of the conditions to qualify as a qualified 27 mental health professional. 28 (5) For notifications submitted to the department from 29 a subacute mental health care facility in the event of an 30 accident causing a major injury, including as a major injury an 31 injury which requires consultation with the attending physician 32 or designee of the physician or advanced registered nurse 33 practitioner who determines that an injury is a major injury. 34 h. The racing and gaming commission, with respect to rules 35 -12- HF803.1540 (2) 89 ss/rh 12/ 20

relating to the following: 1 (1) For the grounds for denial, suspension, or revocation 2 of an occupational or vendor license, that a license shall be 3 denied if the applicant has a history of mental illness without 4 demonstrating successful treatment by a licensed medical 5 physician. 6 (2) For the qualifications for jockeys, that a jockey shall 7 pass a physical examination by a licensed physician affirming 8 fitness to participate as a jockey. 9 (3) For the regulation of licensees in restricted areas of 10 a racing facility, that licensees whose duties require them to 11 be in a restricted area of a racing facility shall not have 12 present within their systems any controlled substance as listed 13 in schedules I to V of U.S.C. Tit. 21 (Food and Drug Section 14 812), chapter 124, or any prescription drug unless it was 15 obtained directly or pursuant to valid prescription or order 16 from a duly licensed physician who is acting in the course of 17 professional practice. 18 i. The Iowa law enforcement academy, with respect to rules 19 relating to the following: 20 (1) For the minimum standards for law enforcement officers, 21 that an officer is examined by a licensed physician or surgeon. 22 (2) For hiring standards must be reverified if an individual 23 is not hired by an Iowa law enforcement agency during a 24 specified period of time following completion of the course 25 of study, that the individual must be examined by a licensed 26 physician or surgeon. 27 (3) For the selection or appointment of reserve peace 28 officers, that the person shall be examined by a licensed 29 physician or surgeon. 30 j. The natural resource commission, with respect to rules 31 relating to the following: 32 (1) That the grounds for revoking or suspending an 33 instructor license include participation in a course while 34 ingesting prescription medication in a manner contrary to the 35 -13- HF803.1540 (2) 89 ss/rh 13/ 20

dosing directions given by the prescribing physician. 1 (2) For applications for use of a crossbow for deer and 2 turkey hunting by handicapped individuals, that an application 3 must include a statement signed by the applicant’s physician 4 declaring that the individual is not physically capable of 5 shooting a bow and arrow. 6 (3) For authorization for the use of a crossbow for deer 7 and turkey hunting by handicapped individuals, that if a 8 conservation officer has probable cause to believe the person’s 9 handicapped status has improved, making it possible for the 10 person to shoot a bow and arrow, the department of natural 11 resources may, upon the officer’s request, require the person 12 to obtain in writing a current physician’s statement. 13 (4) For licenses for nonresidents to participate in a 14 special deer hunting season for severely disabled persons, 15 that a nonresident applying for the license must have on file 16 with the department of natural resources either a copy of a 17 disabilities parking permit issued by a state department of 18 transportation or an Iowa department of natural resources form 19 signed by a physician that verifies their disability. 20 k. The Iowa department of public health, with respect to 21 rules relating to the following: 22 (1) That “impaired glucose tolerance” , for purposes of 23 outpatient diabetes education programs, means a condition in 24 which blood glucose levels are higher than normal, diagnosed by 25 a physician, and treated with a food plan, exercise, or weight 26 control. 27 (2) For instructors for programs not recognized by the 28 American diabetes association or accredited by the American 29 association of diabetes educators, that the primary instructors 30 shall be one or more of specified health care professionals who 31 are knowledgeable about the disease process of diabetes and the 32 treatment of diabetes. 33 (3) For the written form for participation in the 34 prescription drug donation repository program, that the form 35 -14- HF803.1540 (2) 89 ss/rh 14/ 20

shall include the name and telephone number of the responsible 1 pharmacist, physician, or nurse practitioner who is employed 2 by or under contract with the pharmacy or medical facility, 3 and shall also include a statement, signed and dated by the 4 responsible pharmacist, physician, or nurse practitioner, 5 indicating that the pharmacy or medical facility meets the 6 eligibility requirements and shall comply with the requirements 7 established by rule. 8 (4) For the dispensing of donated prescription drugs and 9 supplies, that donated drugs and supplies may be dispensed 10 only if the drugs or supplies are prescribed by a health 11 care practitioner for use by an eligible individual and 12 are dispensed by a licensed pharmacist, physician, or nurse 13 practitioner. 14 l. The department of public safety, with respect to rules 15 relating to permits to carry weapons, that an unlawful user of 16 or addicted to any controlled substance includes any person who 17 is a current user of a controlled substance in a manner other 18 than as prescribed by a licensed physician. 19 m. The department of transportation, with respect to rules 20 relating to exemptions from motor vehicle window transparency 21 requirements, that a motor vehicle fitted with a front 22 windshield, a front side window, or a front sidewing with less 23 than seventy percent but not less than thirty-five percent 24 light transmittance before July 4, 2012, may continue to be 25 maintained and operated with a front windshield, a front side 26 window, or a front sidewing with less than seventy percent but 27 not less than thirty-five percent light transmittance on or 28 after July 4, 2012, so long as the vehicle continues to be used 29 for the transport of a passenger or operator who documented in 30 the manner specified by the department a medical need for such 31 reduced transparency, which document was signed by the person’s 32 physician before July 4, 2012. 33 n. The Iowa department of veterans affairs, with respect 34 to rules relating to expenses relating to the purchase of 35 -15- HF803.1540 (2) 89 ss/rh 15/ 20

durable equipment or services, that individuals requesting 1 reimbursement who need durable equipment as a medical necessity 2 should provide information from a physician. 3 o. The department of workforce development, with respect to 4 rules relating to the following: 5 (1) That a voluntary quit shall be presumed to be without 6 good cause attributable to the employer for purposes of 7 unemployment compensation if a claimant left employment because 8 of illness or injury which was not caused or aggravated by the 9 employment or pregnancy and failed to obtain the advice of a 10 licensed and practicing physician, obtain certification of 11 release for work from a licensed and practicing physician, or 12 return to the employer and offer services upon recovery and 13 certification for work by a licensed and practicing physician. 14 (2) That for purposes of unemployment compensation, it is 15 a reason for a claimant leaving employment with good cause 16 attributable to the employer if the claimant left employment 17 because of illness, injury, or pregnancy upon the advice of 18 a licensed and practicing physician, and upon recovery, when 19 recovery was certified by a licensed and practicing physician, 20 the claimant returned and offered to perform services to the 21 employer, but no suitable, comparable work was available. 22 (3) That for purposes of unemployment compensation it is 23 a reason for a claimant leaving employment with good cause 24 attributable to the employer if the claimant left employment 25 upon the advice of a licensed and practicing physician for the 26 sole purpose of taking a family member to a place having a 27 different climate and subsequently returned to the claimant’s 28 regular employer and offered to perform services, but the 29 claimant’s regular or comparable work was not available. 30 p. The labor services division of the department of 31 workforce development, with respect to rules relating to the 32 following: 33 (1) For the disclosure of a trade secret relating to a 34 hazardous chemical during a medical emergency, that where a 35 -16- HF803.1540 (2) 89 ss/rh 16/ 20

treating physician or nurse determines that a medical emergency 1 exists and the specific chemical identity of a hazardous 2 chemical is necessary for emergency or first-aid treatment, the 3 chemical manufacturer, importer, or employer shall immediately 4 disclose the specific chemical identity of a trade secret 5 chemical to that treating physician or nurse, regardless of the 6 existence of a written statement of need or a confidentiality 7 agreement. 8 (2) For the disclosure of a trade secret relating to 9 a hazardous chemical in a nonemergency situation, that in 10 nonemergency situations, a chemical manufacturer, importer, 11 or employer shall, upon request, disclose a specific chemical 12 identity, otherwise permitted to be withheld by rule, to a 13 specified health professional providing medical or other 14 occupational health services to exposed employees or designated 15 representatives in specified circumstances. 16 (3) For applications for a license to practice asbestos 17 removal, that except as noted in rule, only worker and 18 contractor/supervisor license applicants must submit a 19 respiratory protection and physician’s certification forms. 20 (4) For documentation held by persons licensed for asbestos 21 abatement in an area that is subject to a disaster emergency 22 proclamation, that the labor commissioner deems an individual 23 contractor, supervisor, or worker to be licensed and authorized 24 for asbestos abatement if the individual, in addition to other 25 specified conditions, makes immediately available on the 26 work site a copy of a physician’s statement indicating that, 27 consistent with federal law, a licensed physician has examined 28 the individual within the past twelve months and approved the 29 individual to work while wearing a respirator. 30 (5) That the contents of an application for an event 31 license for a covered athletic event other than a professional 32 wrestling event shall contain, along with other requirements, 33 a copy of the medical license of the ringside physician and 34 the date, time, and location of the ringside physician’s 35 -17- HF803.1540 (2) 89 ss/rh 17/ 20

examination of the contestants. 1 (6) For the responsibilities of the promoter of an athletic 2 event, that the promoter submit test results to the ringside 3 physician no later than at the time of the physical showing 4 that each contestant scheduled for the event tested negative 5 for the human immunodeficiency, hepatitis B, and hepatitis C 6 viruses within the one-year period prior to the event, and that 7 the contestant shall not participate and the physician shall 8 notify the promoter that the contestant is prohibited from 9 participating for medical reasons if specified circumstances 10 occur. 11 (7) For injuries during a professional boxing match, that if 12 a contestant claims to be injured during the bout, the referee 13 shall stop the bout and request the attending physician to make 14 an examination. If the physician decides that the contestant 15 has been injured as the result of a foul, the physician shall 16 advise the referee of the injury. If the physician is of the 17 opinion that the injured contestant may be able to continue, 18 the physician shall order an intermission, after which the 19 physician shall make another examination and again advise 20 the referee of the injured contestant’s condition. It shall 21 be the duty of the promoter to have an approved physician in 22 attendance during the entire duration of all bouts. 23 (8) For persons allowed in a ring during a professional 24 boxing match, that no person other than the contestants and the 25 referee shall enter the ring during the bout, excepting the 26 seconds between the rounds or the attending physician if asked 27 by the referee to examine an injury to a contestant. 28 (9) For the weighing of contestants in a professional boxing 29 match, that contestants shall be weighed and examined on the 30 day of the scheduled match by the attending ring physician at a 31 time and place to be determined by the commissioner. 32 (10) For attending ring physicians during a professional 33 boxing match, that when a boxer has been injured seriously, 34 knocked out, or technically knocked out, the referee shall 35 -18- HF803.1540 (2) 89 ss/rh 18/ 20

immediately summon the attending ring physician to aid the 1 stricken boxer, and that managers, handlers, and seconds shall 2 not attend to the stricken boxer, except at the request of the 3 physician. 4 (11) For the keeping of time during a professional boxing 5 match, that the timekeeper shall keep an exact record of time 6 taken out at the request of a referee for an examination of a 7 contestant by the physician. 8 (12) For the suspension of contestants during a 9 professional boxing match that is an elimination tournament, 10 that a contestant who for specified reasons is not permitted 11 to box in the state for a period of time shall be examined by a 12 physician approved by the commissioner before being permitted 13 to fight again. 14 (13) For the designation of officials for professional 15 kickboxing, that the designation of physicians is subject to 16 the approval of the commissioner or designee. 17 (14) For officials for a mixed martial arts event, that 18 officials shall include a physician. 19 (15) For the keeping of time for a mixed martial arts 20 event, that the timekeeper shall keep an exact record of time 21 taken out at the request of a referee for an examination of a 22 contestant by the physician. 23 (16) For persons allowed in the cage during a mixed martial 24 arts event, that a physician may enter the cage to examine a 25 contestant upon the request of the referee. 26 (17) For the decorum of persons involved in a mixed martial 27 arts event, that a contestant is exempt from prohibitions on 28 specified conduct while interacting with the contestant’s 29 opponent during a round, but if the round is stopped by the 30 physician or referee for a time out, the prohibitions shall 31 apply to the contestant. 32 (18) For the examination of contestants in a mixed martial 33 arts event, that on the day of the event, at a time and place 34 to be approved by the commissioner, the ringside physician 35 -19- HF803.1540 (2) 89 ss/rh 19/ 20

shall conduct a rigorous physical examination to determine the 1 contestant’s fitness to participate in a mixed martial arts 2 match, and that a contestant deemed not fit by the physician 3 shall not participate in the event. 4 (19) For injuries during a mixed martial arts event, that if 5 a contestant claims to be injured or when a contestant has been 6 injured seriously or knocked out, the referee shall immediately 7 stop the fight and summon the attending ring physician to make 8 an examination of the stricken fighter. If the physician 9 decides that the contestant has been injured, the physician 10 shall advise the referee of the severity of the injury. If 11 the physician is of the opinion the injured contestant may be 12 able to continue, the physician shall order an intermission, 13 after which the physician shall make another examination and 14 again advise the referee of the injured contestant’s condition. 15 Managers, handlers, and seconds shall not attend to the 16 stricken fighter, except at the request of the physician. 17 2. This section shall not be construed to expand, diminish, 18 or otherwise modify the scope of practice of any profession 19 licensed under this subtitle. 20 3. The rulemaking requirements provided in this section 21 shall not be construed to prohibit the agencies listed in 22 subsection 1 from engaging in further rulemaking not in 23 conflict with this section or state or federal law relating to 24 the subject matter of this section or to otherwise diminish the 25 authority to engage in rulemaking provided to those agencies 26 by any other statute. > 27 9. By renumbering as necessary. 28 ______________________________ BUSH of Cherokee -20- HF803.1540 (2) 89 ss/rh 20/ 20 #9.