Senate File 2385 H-8333 Amend the amendment, H-8325, to Senate File 2385, as 1 amended, passed, and reprinted by the Senate, as follows: 2 1. Page 151, line 23, by striking < 153.33A, > 3 2. Page 229, after line 8 by inserting: 4 < DIVISION ___ 5 BOARD OF BEHAVIORAL HEALTH PROFESSIONALS 6 Sec. ___. Section 135.24, subsection 2, paragraph a, Code 7 2024, is amended to read as follows: 8 a. Procedures for registration of health care providers 9 deemed qualified by the board of medicine, the board of 10 physician assistants, the dental board, the board of nursing, 11 the board of chiropractic, the board of psychology, the 12 board of social work, the board of behavioral science health 13 professionals , the board of pharmacy, the board of optometry, 14 the board of podiatry, the board of physical and occupational 15 therapy, the board of respiratory care and polysomnography, 16 and the department of inspections, appeals, and licensing, as 17 applicable. 18 Sec. ___. Section 147.13, subsection 3, Code 2024, is 19 amended to read as follows: 20 3. For psychology, social work, applied behavior analysis, 21 marital and family therapy, and mental health counseling, the 22 board of psychology behavioral health professionals . 23 Sec. ___. Section 147.13, subsections 14 and 15, Code 2024, 24 are amended by striking the subsections. 25 Sec. ___. Section 147.14, subsection 1, paragraph f, Code 26 2024, is amended to read as follows: 27 f. (1) For psychology behavioral health professionals , 28 five two members who are licensed to practice psychology , two 29 members who are licensed to practice social work as a master 30 social worker or independent social worker, one member licensed 31 to practice marital and family therapy, one member licensed 32 to practice mental health counseling, one member licensed as 33 a behavior analyst, and two members one member not licensed 34 to practice psychology , practice psychology, social work, 35 -1- H 8325.4264 (2) 90 ss/ns 1/ 11 #1. #2.

marital and family therapy, or mental health counseling, or as 1 a behavior analyst, and who shall represent the general public. 2 Of the five members who are licensed to practice psychology, 3 one member shall be primarily engaged in graduate teaching in 4 psychology or primarily engaged in research psychology, three 5 members shall be persons who render services in psychology, 6 and one member shall represent areas of applied psychology and 7 may be affiliated with training institutions and shall devote 8 a major part of the member’s time to rendering service in 9 psychology. 10 (2) The board of behavioral health professionals shall 11 establish an advisory committee of psychology, an advisory 12 committee of social workers, and an advisory committee of 13 mental health counselors, marital and family therapists, 14 and behavior analysts to provide recommendations to the 15 board on license reviews and implementation of state laws 16 and administrative rules. Each advisory committee shall 17 be comprised of at least five individuals licensed in the 18 profession or professions about which the advisory committee 19 provides recommendations. 20 Sec. ___. Section 147.14, subsection 1, paragraphs l and r, 21 Code 2024, are amended by striking the paragraphs. 22 Sec. ___. Section 147.107, subsection 2, paragraph a, Code 23 2024, is amended to read as follows: 24 a. A prescriber who dispenses prescription drugs, including 25 but not limited to controlled substances, for human use, may 26 delegate nonjudgmental dispensing functions to staff assistants 27 only when verification of the accuracy and completeness 28 of the dispensing is determined by the practitioner in the 29 practitioner’s physical presence. However, the physical 30 presence requirement does not apply when a practitioner is 31 utilizing an automated dispensing system. When using an 32 automated dispensing system, the practitioner shall utilize an 33 internal quality control assurance plan that ensures accuracy 34 for dispensing. Verification of automated dispensing accuracy 35 -2- H 8325.4264 (2) 90 ss/ns 2/ 11

and completeness remains the responsibility of the practitioner 1 and shall be determined in accordance with rules adopted by the 2 board of medicine, the dental board, the board of podiatry, and 3 the board of psychology behavioral health professionals for 4 their respective licensees. 5 Sec. ___. Section 147.161, subsection 1, paragraph b, 6 subparagraph (2), Code 2024, is amended to read as follows: 7 (2) Licensed master social workers with a current and 8 active supervision plan on file with the board of social work 9 behavioral health professionals . 10 Sec. ___. Section 148.13A, unnumbered paragraph 1, Code 11 2024, is amended to read as follows: 12 The board of medicine shall, in consultation with the board 13 of psychology behavioral health professionals , establish by 14 rule all of the following: 15 Sec. ___. Section 148.13B, subsection 1, unnumbered 16 paragraph 1, Code 2024, is amended to read as follows: 17 The board of medicine and the board of psychology behavioral 18 health professionals shall adopt joint rules in regard to the 19 following: 20 Sec. ___. Section 148.13B, subsection 3, Code 2024, is 21 amended to read as follows: 22 3. The joint rules, and any amendments thereto, adopted by 23 the board of medicine and the board of psychology behavioral 24 health professionals pursuant to this section and section 25 154B.14 shall only be adopted by agreement of both boards 26 through a joint rule-making process. 27 Sec. ___. Section 154B.1, subsections 1 and 5, Code 2024, 28 are amended to read as follows: 29 1. “Board” means the board of psychology behavioral health 30 professionals created under chapter 147 . 31 5. “Physician” means a person licensed to practice medicine 32 and surgery or osteopathic medicine and surgery in this state 33 in family medicine, internal medicine, pediatrics, psychiatry, 34 or another specialty who prescribes medications for the 35 -3- H 8325.4264 (2) 90 ss/ns 3/ 11

treatment of a mental disorder to patients in the normal course 1 of the person’s clinical medical practice pursuant to joint 2 rules adopted by the board of psychology behavioral health 3 professionals and the board of medicine. 4 Sec. ___. Section 154B.9, subsection 3, Code 2024, is 5 amended to read as follows: 6 3. A prescribing psychologist may prescribe psychotropic 7 medication pursuant to joint rules adopted by the board of 8 psychology behavioral health professionals and the board of 9 medicine and the provisions of this chapter . 10 Sec. ___. Section 154B.10, subsection 1, paragraphs b, c, d, 11 e, and g, Code 2024, are amended to read as follows: 12 b. Completed pharmacological training from an institution 13 approved by the board of psychology and the board of medicine 14 or from a provider of continuing education approved by the 15 board of psychology behavioral health professionals and the 16 board of medicine pursuant to joint rules adopted by both 17 boards. 18 c. Passed a national certification examination approved by 19 the board of psychology behavioral health professionals and 20 the board of medicine that tested the applicant’s knowledge of 21 pharmacology in the diagnosis, care, and treatment of mental 22 disorders. 23 d. Successfully completed a postdoctoral master of science 24 degree in clinical psychopharmacology approved by the board of 25 psychology behavioral health professionals and the board of 26 medicine pursuant to joint rules adopted by both boards. The 27 program shall at a minimum include coursework in neuroscience, 28 pharmacology, psychopharmacology, physiology, and appropriate 29 and relevant physical and laboratory assessments. 30 e. Has been certified by the applicant’s supervising 31 physician as having successfully completed a supervised 32 and relevant clinical experience in clinical assessment and 33 pathophysiology and an additional supervised practicum treating 34 patients with mental disorders. The practica shall have been 35 -4- H 8325.4264 (2) 90 ss/ns 4/ 11

supervised by a trained physician. The board of psychology 1 behavioral health professionals and the board of medicine, 2 pursuant to joint rules adopted by the boards, shall determine 3 sufficient practica to competently train the applicant in the 4 treatment of a diverse patient population. 5 g. Meets all other requirements, as determined by joint 6 rules adopted by the board of psychology behavioral health 7 professionals and the board of medicine, for obtaining a 8 conditional prescription certificate. 9 Sec. ___. Section 154B.10, subsection 3, paragraph d, Code 10 2024, is amended to read as follows: 11 d. Any other rules adopted jointly by the board of 12 psychology behavioral health professionals and the board of 13 medicine. 14 Sec. ___. Section 154B.11, subsection 1, paragraph d, Code 15 2024, is amended to read as follows: 16 d. Meets all other requirements, as determined by rules 17 adopted by the board, for obtaining a prescription certificate, 18 including joint rules adopted by the board of psychology 19 behavioral health professionals and the board of medicine. 20 Sec. ___. Section 154B.11, subsection 2, paragraph d, Code 21 2024, is amended to read as follows: 22 d. Any other rules adopted jointly by the board of 23 psychology behavioral health professionals and the board of 24 medicine. 25 Sec. ___. Section 154B.12, subsection 1, Code 2024, is 26 amended to read as follows: 27 1. A prescribing psychologist or a psychologist with 28 a conditional prescription certificate may administer and 29 prescribe psychotropic medication within the scope of the 30 psychologist’s profession, including the ordering and review 31 of laboratory tests in conjunction with the prescription, for 32 the treatment of mental disorders. Such prescribing practices 33 shall be governed by joint rules adopted by the board of 34 psychology behavioral health professionals and the board of 35 -5- H 8325.4264 (2) 90 ss/ns 5/ 11

medicine. 1 Sec. ___. Section 154B.14, subsection 1, unnumbered 2 paragraph 1, Code 2024, is amended to read as follows: 3 The board of psychology behavioral health professionals and 4 the board of medicine shall adopt joint rules in regard to the 5 following: 6 Sec. ___. Section 154B.14, subsections 2 and 3, Code 2024, 7 are amended to read as follows: 8 2. The board of psychology behavioral health professionals 9 shall consult with the university of Iowa Carver college of 10 medicine and clinical and counseling psychology doctoral 11 programs at regents institutions in the development of the 12 rules pertaining to education and training requirements in 13 sections 154B.10 and 154B.11 . 14 3. The joint rules, and any amendments thereto, adopted by 15 the board of psychology behavioral health professionals and the 16 board of medicine pursuant to this section and section 148.13B 17 shall only be adopted by agreement of both boards through a 18 joint rule-making process. 19 Sec. ___. Section 154C.1, subsection 1, Code 2024, is 20 amended to read as follows: 21 1. “Board” means the board of social work behavioral health 22 professionals established in chapter 147 . 23 Sec. ___. Section 154D.1, subsection 1, Code 2024, is 24 amended to read as follows: 25 1. “Board” means the board of behavioral science health 26 professionals established in chapter 147 . 27 Sec. ___. Section 228.1, subsection 7, paragraph b, Code 28 2024, is amended to read as follows: 29 b. The individual holds a current Iowa license if 30 practicing in a field covered by an Iowa licensure law and 31 is a psychiatrist, an advanced registered nurse practitioner 32 who holds a national certification in psychiatric mental 33 health care and is licensed by the board of nursing, a 34 physician assistant practicing under the supervision of or in 35 -6- H 8325.4264 (2) 90 ss/ns 6/ 11

collaboration with a psychiatrist, a qualified mental health 1 professional physician assistant, a psychiatric advanced 2 registered nurse practitioner as defined in section 125.2 , or 3 an individual who holds a doctorate degree in psychology and 4 is licensed by the board of behavioral health professionals 5 to practice psychology. For the purposes of this paragraph, 6 “collaboration” means the same as defined in section 148C.1 . 7 Sec. ___. Section 249A.15, Code 2024, is amended to read as 8 follows: 9 249A.15 Licensed psychologists eligible for payment —— 10 provisional licensees. 11 1. The department shall adopt rules pursuant to chapter 12 17A entitling psychologists who are licensed pursuant to 13 chapter 154B and psychologists who are licensed in the state 14 where the services are provided and have a doctorate degree 15 in psychology, have had at least two years of clinical 16 experience in a recognized health setting, or have met the 17 standards of a national register of health service providers 18 in psychology, to payment for services provided to recipients 19 of medical assistance, subject to limitations and exclusions 20 the department finds necessary on the basis of federal laws and 21 regulations and of funds available for the medical assistance 22 program. The rules shall also provide that an individual, who 23 holds a provisional license to practice psychology pursuant 24 to section 154B.6 , is entitled to payment under this section 25 for services provided to recipients of medical assistance, 26 when such services are provided under the supervision of a 27 supervisor who meets the qualifications determined by the 28 board of psychology behavioral health professionals by rule, 29 and claims for payment for such services are submitted by the 30 supervisor. 31 2. Entitlement to payment under this section is applicable 32 to services provided to recipients of medical assistance 33 under both the fee-for-service and managed care payment and 34 delivery systems. Neither the fee-for-service nor the managed 35 -7- H 8325.4264 (2) 90 ss/ns 7/ 11

care payment and delivery system shall impose a practice 1 or supervision restriction which is inconsistent with or 2 more restrictive than the authority already granted by law, 3 including the authority to provide supervision in person or 4 remotely through electronic means as specified by rule of the 5 board of psychology behavioral health professionals . 6 Sec. ___. Section 249A.15A, subsections 1, 2, and 3, Code 7 2024, are amended to read as follows: 8 1. The department shall adopt rules pursuant to chapter 9 17A entitling marital and family therapists who are licensed 10 pursuant to chapter 154D to payment for behavioral health 11 services provided to recipients of medical assistance, subject 12 to limitations and exclusions the department finds necessary 13 on the basis of federal laws and regulations. The rules shall 14 also provide that a marital and family therapist, who holds 15 a temporary license to practice marital and family therapy 16 pursuant to section 154D.7 , is entitled to payment under this 17 section for behavioral health services provided to recipients 18 of medical assistance, when such services are provided under 19 the supervision of a qualified supervisor as determined by 20 the board of behavioral science health professionals by rule, 21 and claims for payment for such services are submitted by the 22 qualified supervisor. 23 2. The department shall adopt rules pursuant to chapter 24 17A entitling master social workers who hold a master’s 25 degree approved by the board of social work behavioral health 26 professionals , are licensed as a master social worker pursuant 27 to section 154C.3, subsection 1 , paragraph “b” , and provide 28 treatment services under the supervision of an independent 29 social worker licensed pursuant to section 154C.3, subsection 30 1 , paragraph “c” , to payment for behavioral health services 31 provided to recipients of medical assistance, subject to 32 limitations and exclusions the department finds necessary on 33 the basis of federal laws and regulations. 34 3. The department shall adopt rules pursuant to chapter 17A 35 -8- H 8325.4264 (2) 90 ss/ns 8/ 11

entitling mental health counselors who are licensed pursuant 1 to chapter 154D to payment for behavioral health services 2 provided to recipients of medical assistance, subject to 3 limitations and exclusions the department finds necessary 4 on the basis of federal laws and regulations. The rules 5 shall also provide that a mental health counselor, who holds 6 a temporary license to practice mental health counseling 7 pursuant to section 154D.7 , is entitled to payment under this 8 section for behavioral health services provided to recipients 9 of medical assistance, when such services are provided under 10 the supervision of a qualified supervisor as determined by 11 the board of behavioral science health professionals by rule, 12 and claims for payment for such services are submitted by the 13 qualified supervisor. 14 Sec. ___. Section 272C.1, subsection 6, paragraph s, Code 15 2024, is amended to read as follows: 16 s. The board of psychology behavioral health professionals , 17 created pursuant to chapter 147 . 18 Sec. ___. Section 514C.32, subsection 1, paragraphs a and b, 19 Code 2024, are amended to read as follows: 20 a. A licensed master social worker who is licensed by the 21 board of social work behavioral health professionals as a 22 master social worker pursuant to section 154C.3, subsection 1 , 23 paragraph “b” , and who provides services under the supervision 24 of an independent social worker licensed pursuant to section 25 154C.3, subsection 1 , paragraph “c” . 26 b. A licensed mental health counselor or a licensed 27 marital and family therapist who holds a temporary license to 28 practice mental health counseling or marital and family therapy 29 pursuant to section 154D.7 , and who provides services under 30 the supervision of a qualified supervisor as determined by the 31 board of behavioral science health professionals by rule. 32 Sec. ___. Section 514C.33, subsections 1 and 2, Code 2024, 33 are amended to read as follows: 34 1. Notwithstanding section 514C.6 , a policy or contract 35 -9- H 8325.4264 (2) 90 ss/ns 9/ 11

providing for third-party payment or prepayment of health or 1 medical expenses shall include a provision for the payment of 2 necessary behavioral health services provided by a person who 3 holds a provisional license to practice psychology pursuant to 4 section 154B.6 , and who practices under the supervision of a 5 supervisor who meets the qualifications determined by the board 6 of psychology behavioral health professionals by rule. 7 2. A policy or contract subject to this section shall 8 not impose a practice or supervision restriction which is 9 inconsistent with or more restrictive than the authority 10 already granted by law, including the authority to provide 11 supervision in person or remotely through electronic means as 12 specified by rule of the board of psychology behavioral health 13 professionals . 14 Sec. ___. Section 622.10, subsection 7, Code 2024, is 15 amended to read as follows: 16 7. For the purposes of this section , “mental health 17 professional” means a psychologist licensed under chapter 154B , 18 a registered nurse licensed under chapter 152 , a social worker 19 licensed under chapter 154C , a marital and family therapist 20 licensed under chapter 154D , a mental health counselor licensed 21 under chapter 154D , or an individual holding at least a 22 master’s degree in a related field as deemed appropriate by the 23 board of behavioral science health professionals . > 24 3. Page 229, line 20, after < board, > by inserting < board of 25 behavioral health professionals, > 26 4. Page 231, after line 14 by inserting: 27 < m. Any moneys in any account or fund of, and all client 28 and organizational files in the possession of, the boards 29 of behavioral science, psychology, or social work shall be 30 transferred to the control of the board of behavioral health 31 professionals. > 32 5. Page 233, after line 9 by inserting: 33 < m. Any cause of action, statute of limitation, or 34 administrative action relating to or initiated by the boards 35 -10- H 8325.4264 (2) 90 ss/ns 10/ 11 #3. #4. #5.