Senate File 2338 - Enrolled

PAG LIN

1	1	SENATE FILE 2338
1	2
1	3	AN ACT
1	4 RELATING TO THE REGULATION OF HEALTH=RELATED PROFESSIONS.
1	5
1	6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1	7
1	8	DIVISION I
1	9	PROFESSIONAL LICENSURE == HEALTH=RELATED PROFESSIONS
1 10	Section 1.	Section 147.1, Code Supplement 2007, is amended
1 11 to read as follows:
1 12	147.1	DEFINITIONS.
1 13	1.  As used in this chapter, unless the context otherwise
  1 14 requires, "book", "list", "record", or "schedule" kept by a
  1 15 county auditor, assessor, treasurer, recorder, sheriff, or
  1 16 other county officer means the county system as defined in
  1 17 section 445.1.
1 18	2.	For the purpose of this and the following chapters of
1 19 this subtitle:
1 20	a.	1.	"Board" shall mean means one of the boards
1 21 enumerated in section 147.13 or any other board established in
1 22 this subtitle which is whose members are appointed by the
1 23 governor to license applicants and impose licensee discipline
1 24 as authorized by law.
1 25	b.	2.	"Department" shall mean means the Iowa department
1 26 of public health.
1 27	c.	3.	"Licensed" or "certified", when applied to a
1 28 physician and surgeon, podiatric physician, osteopath,
1 29 osteopathic physician and surgeon, physician assistant,
1 30 psychologist or associate psychologist, chiropractor, nurse,
1 31 dentist, dental hygienist, dental assistant, optometrist,
1 32 speech pathologist, audiologist, pharmacist, physical
1 33 therapist, physical therapist assistant, occupational
1 34 therapist, occupational therapy assistant, respiratory care
35 practitioner, practitioner of cosmetology arts and sciences,
1 practitioner of barbering, funeral director, dietitian,
2	2 marital and family therapist, mental health counselor, social
2	3 worker, massage therapist, athletic trainer, acupuncturist,
2	4 nursing home administrator, hearing aid dispenser, or sign
2	5 language interpreter or transliterator means a person licensed
2	6 under this subtitle.
2	7	d.	4.	"Peer review" means evaluation of professional
2	8 services rendered by a person licensed to practice a
2	9 profession.
2 10	e.	5.	"Peer review committee" means one or more persons
2 11 acting in a peer review capacity who also serve as an officer,
2 12 director, trustee, agent, or member of any of the following:
2 13	(1)	a.	A state or local professional society of a
2 14 profession for which there is peer review.
2 15	(2)	b.	Any organization approved to conduct peer review
2 16 by a society as designated in paragraph "a" of this
2 17 subsection.
2 18	(3)	c.	The medical staff of any licensed hospital.
2 19	(4)	d.	A board enumerated in section 147.13 or any other
2 20 board established in this subtitle which is appointed by the
2 21 governor to license applicants and impose licensee discipline
2 22 as authorized by law.
2 23	(5)	e.	The board of trustees of a licensed hospital when
2 24 performing a function relating to the reporting required by
2 25 section 147.135, subsection 3.
2 26	(6)	f.	A health care entity, including but not limited to
2 27 a group medical practice, that provides health care services
2 28 and follows a formal peer review process for the purpose of
2 29 furthering quality health care.
2 30	f.	6.	"Profession" means medicine and surgery, podiatry,
2 31 osteopathy, osteopathic medicine and surgery, practice as a
2 32 physician assistant, psychology, chiropractic, nursing,
2 33 dentistry, dental hygiene, dental assisting, optometry, speech
34 pathology, audiology, pharmacy, physical therapy, physical
  2 35 therapist assisting, occupational therapy, occupational
  3  1 therapy assisting, respiratory care, cosmetology arts and
2 sciences, barbering, mortuary science, marital and family
3	3 therapy, mental health counseling, social work, dietetics,

3	4 massage therapy, athletic training, acupuncture, nursing home
  3  5 administration, hearing aid dispensing, or sign language
3	6 interpreting or transliterating.
3	7	Sec. 2.	Section 147.2, Code Supplement 2007, is amended to
3	8 read as follows:
3	9	147.2	LICENSE REQUIRED.
3 10	1.	A person shall not engage in the practice of medicine
3 11 and surgery, podiatry, osteopathy, osteopathic medicine and
3 12 surgery, psychology, chiropractic, physical therapy, physical
  3 13 therapist assisting, nursing, dentistry, dental hygiene,
3 14 dental assisting, optometry, speech pathology, audiology,
3 15 occupational therapy, occupational therapy assisting,
3 16 respiratory care, pharmacy, cosmetology arts and sciences,
3 17 barbering, social work, dietetics, marital and family therapy
3 18 or mental health counseling, massage therapy, mortuary
3 19 science, athletic training, acupuncture, nursing home
  3 20 administration, hearing aid dispensing, or sign language
3 21 interpreting or transliterating, or shall not practice as a
3 22 physician assistant as defined in the following chapters of
  3 23 this subtitle, unless the person has obtained from the
  3 24 department a license for that purpose from the board for the
  3 25 profession.
3 26	2.	For purposes of this section, a person who is licensed
3 27 in another state and recognized for licensure in this state
3 28 pursuant to the nurse licensure compact contained in section
3 29 152E.1 or pursuant to the advanced practice registered nurse
3 30 compact contained in section 152E.3 shall be considered to
3 31 have obtained a license to practice nursing from the
  3 32 department.
3 33	Sec. 3.	Section 147.3, Code 2007, is amended to read as
3 34 follows:
35	147.3	QUALIFICATIONS.
1	An applicant for a license to practice a profession under
4	2 this subtitle is not ineligible because of age, citizenship,
4	3 sex, race, religion, marital status, or national origin,
4	4 although the application form may require citizenship
4	5 information.	A board may consider the past felony criminal
4	6 record of an applicant only if the felony conviction relates
4	7 directly to the practice of the profession for which the
4	8 applicant requests to be licensed.	Character references may
  4  9 be required, but shall not be obtained from licensed members
  4 10 of the profession.
4 11	Sec. 4.	Section 147.4, Code 2007, is amended to read as
4 12 follows:
4 13	147.4	GROUNDS FOR REFUSING.
4 14	The department A board may refuse to grant a license to
4 15 practice a profession to any person otherwise qualified upon
4 16 any of the grounds for which a license may be revoked or
4 17 suspended.
4 18	Sec. 5.	Section 147.5, Code Supplement 2007, is amended to
4 19 read as follows:
4 20	147.5	LICENSE REQUIRED == EXCEPTION.
4 21	1.	Every license to practice a profession shall be in the
4 22 form of a certificate under the seal of the department, signed
  4 23 by the director of public health of the board.	Such license
4 24 shall be issued in the name of the licensing board which
  4 25 conducts examinations for that particular profession.
4 26	2.	This section shall not apply to a person who is
4 27 licensed in another state and recognized for licensure in this
4 28 state pursuant to the nurse licensure compact contained in
4 29 section 152E.1 or pursuant to the advanced practice registered
4 30 nurse compact contained in section 152E.3.
4 31	Sec. 6.	Section 147.7, Code 2007, is amended to read as
4 32 follows:
4 33	147.7	DISPLAY OF LICENSE.
34	Every person licensed under this subtitle to practice a
  4 35 profession shall keep the license publicly displayed in the
  5  1 primary place in which the person practices.
2	1.  A board may require every person licensed by the board
  5  3 to display the license and evidence of current renewal
  5  4 publicly in a manner prescribed by the board.
5	5	2.	This section shall not apply to a person who is
5	6 licensed in another state and recognized for licensure in this
5	7 state pursuant to the nurse licensure compact contained in
5	8 section 152E.1 or pursuant to the advanced practice registered
5	9 nurse compact contained in section 152E.3.	A person licensed
5 10 in another state and recognized for licensure in this state
5 11 pursuant to either compact shall, however, maintain a copy of
5 12 a license issued by the person's home state available for
5 13 inspection when engaged in the practice of nursing in this
5 14 state.

5 15	Sec. 7.	Section 147.8, Code 2007, is amended to read as
5 16 follows:
5 17	147.8	RECORD OF LICENSES.
5 18	The A board shall keep the following information available
  5 19 for public inspection for each person licensed by the board:
5 20 name, location, number of years of practice of the person to
  5 21 whom a license is issued to practice a profession address of
  5 22 record, the number of the certificate license, and the date of
5 23 registration thereof shall be kept and made available in a
  5 24 manner which is open to public inspection issuance of the
  5 25 license.
5 26	Sec. 8.	Section 147.9, Code 2007, is amended by striking
5 27 the section and inserting in lieu thereof the following:
5 28	147.9	CHANGE OF ADDRESS.
5 29	Every person licensed pursuant to this chapter shall notify
5 30 the board which issued the license of a change in the person's
5 31 address of record within a time period established by board
5 32 rule.
5 33	Sec. 9.	Section 147.10, Code 2007, is amended to read as
34 follows:
5 35	147.10	RENEWAL.
1	1.	Every license to practice a profession shall expire in
6	2 multiyear intervals and be renewed as determined by the board
6	3 upon application by the licensee, without examination.	Each
  6  4 board shall establish rules for license renewal and
  6  5 concomitant fees.	Application for renewal shall be made in
  6  6 writing to the department to the board accompanied by the
6	7 required fee at least thirty days prior to the expiration of
6	8 such license.	Every renewal shall be displayed in connection
  6  9 with the original license.  The department shall notify each
  6 10 licensee prior to the expiration of a license.  Failure to
  6 11 renew the license within a reasonable time after the
  6 12 expiration shall not invalidate the license, but a reasonable
  6 13 penalty may be assessed by the board.
6 14	2.  Each board may by rule establish a grace period
  6 15 following expiration of a license in which the license is not
  6 16 invalidated.  Each board may assess a reasonable penalty for
  6 17 renewal of a license during the grace period.  Failure of a
  6 18 licensee to renew a license within the grace period shall
  6 19 cause the license to become inactive or lapsed.  A licensee
  6 20 whose license is inactive or lapsed shall not engage in the
  6 21 practice of the profession until the license is reactivated or
  6 22 reinstated.
6 23	Sec. 10.	Section 147.11, Code Supplement 2007, is amended
6 24 by striking the section and inserting in lieu thereof the
6 25 following:
6 26	147.11	REACTIVATION AND REINSTATEMENT.
6 27	1.	A licensee who allows the license to become inactive or
6 28 lapsed by failing to renew the license, as provided in section
6 29 147.10, may be reactivated upon payment of a reactivation fee
6 30 and compliance with other terms established by board rule.
6 31	2.	A licensee whose license has been revoked, suspended,
6 32 or voluntarily surrendered must apply for and receive
6 33 reinstatement of the license in accordance with board rule and
6 34 must apply for and be granted reactivation of the license in
35 accordance with board rule prior to practicing the profession.
1	Sec. 11.	Section 147.12, Code Supplement 2007, is amended
7	2 to read as follows:
7	3	147.12	HEALTH PROFESSION BOARDS.
7	4	1.	For the purpose of giving examinations to applicants
  7  5 for licenses to practice the professions for which licenses
  7  6 are required by this subtitle, the The governor shall appoint,
7	7 subject to confirmation by the senate, a board for each of the
7	8 professions.	The board members shall not be required to be
7	9 members of professional societies or associations composed of
7 10 members of their professions.
7 11	2.	If a person who has been appointed by the governor to
7 12 serve on a board has ever been disciplined in a contested case
7 13 by the board to which the person has been appointed, all board
7 14 complaints and statements of charges, settlement agreements,
7 15 findings of fact, and orders pertaining to the disciplinary
7 16 action shall be made available to the senate committee to
7 17 which the appointment is referred at the committee's request
7 18 before the full senate votes on the person's appointment.
7 19	Sec. 12.	Section 147.13, subsections 6, 15, 16, 18, 19,
7 20 20, 21, 22, and 23, Code Supplement 2007, are amended to read
7 21 as follows:
7 22	6.	For physical therapists therapy and occupational
7 23 therapists therapy, the board of physical and occupational
7 24 therapy.
7 25	15.	For social workers work, the board of social work.

7 26	16.	For marital and family therapists therapy and mental
7 27 health counselors counseling, the board of behavioral science.
7 28	18.	For respiratory care therapists therapy, the board of
7 29 respiratory care.
7 30	19.	For massage therapists therapy, the board of massage
7 31 therapy.
7 32	20.	For athletic trainers training, the board of athletic
7 33 training.
7 34	21.	For interpreters interpreting, the board of sign
35 language interpreters and transliterators.
1	22.	For hearing aids aid dispensing, the board of hearing
8	2 aid dispensers.
8	3	23.	For nursing home administrators administration, the
8	4 board of nursing home administrators.
8	5	Sec. 13.	Section 147.14, Code Supplement 2007, is amended
8	6 to read as follows:
8	7	147.14	QUORUM == COMPOSITION OF BOARDS.
8	8	1.	The board members shall consist of the following:
8	9	1.	a.	For barbering, three members licensed to practice
8 10 barbering, and two members who are not licensed to practice
8 11 barbering and who shall represent the general public.	A
  8 12 quorum shall consist of a majority of the members of the
  8 13 board.
8 14	2.	b.	For medicine, five members licensed to practice
8 15 medicine and surgery, two members licensed to practice
8 16 osteopathic medicine and surgery, and three members not
8 17 licensed to practice either medicine and surgery or
8 18 osteopathic medicine and surgery, and who shall represent the
8 19 general public.	A majority of members of the board
  8 20 constitutes a quorum.
8 21	3.	c.	For nursing, four registered nurses, two of whom
8 22 shall be actively engaged in practice, two of whom shall be
8 23 nurse educators from nursing education programs; of these, one
8 24 in higher education and one in area community and
8 25 vocational=technical registered nurse education; one licensed
8 26 practical nurse actively engaged in practice; and two members
8 27 not registered nurses or licensed practical nurses and who
8 28 shall represent the general public.	The representatives of
8 29 the general public shall not be members of health care
8 30 delivery systems.	A majority of the members of the board
  8 31 constitutes a quorum.
8 32	4.	d.	For dentistry, five members licensed to practice
8 33 dentistry, two members licensed to practice dental hygiene,
8 34 and two members not licensed to practice dentistry or dental
35 hygiene and who shall represent the general public.	A
  9  1 majority of the members of the board shall constitute a
  9  2 quorum.	No member of the dental faculty of the school of
3 dentistry at the state university of Iowa shall be eligible to
9	4 be appointed.	Persons appointed to the board as dental
9	5 hygienist members shall not be employed by or receive any form
9	6 of remuneration from a dental or dental hygiene educational
9	7 institution.	The two dental hygienist board members and one
9	8 dentist board member shall constitute a dental hygiene
9 committee of the board as provided in section 153.33A.
9 10	5.	e.	For pharmacy, five members licensed to practice
9 11 pharmacy and two members who are not licensed to practice
9 12 pharmacy and who shall represent the general public.	A
  9 13 majority of the members of the board shall constitute a
  9 14 quorum.
9 15	6.	f.	For optometry, five members licensed to practice
9 16 optometry and two members who are not licensed to practice
9 17 optometry and who shall represent the general public.	A
  9 18 majority of the members of the board shall constitute a
  9 19 quorum.
9 20	7.	g.	For psychology, five members who are licensed to
9 21 practice psychology and two members not licensed to practice
9 22 psychology and who shall represent the general public.	Of the
9 23 five members who are licensed to practice psychology, one
9 24 member shall be primarily engaged in graduate teaching in
9 25 psychology or primarily engaged in research psychology, two
9 26 three members shall be persons who render services in
9 27 psychology, and one member shall represent areas of applied
9 28 psychology and may be affiliated with training institutions
9 29 and shall devote a major part of the member's time to
9 30 rendering service in psychology, and one member shall be
  9 31 primarily engaged in research psychology.	A majority of the
  9 32 members of the board constitutes a quorum.
9 33	8.	h.	For chiropractic, five members licensed to practice
9 34 chiropractic and two members who are not licensed to practice
9 35 chiropractic and who shall represent the general public.	A
 10  1 majority of the members of the board shall constitute a

 10  2 quorum.
3	9.	i.	For speech pathology and audiology, five members
10	4 licensed to practice speech pathology or audiology at least
10	5 two of which shall be licensed to practice speech pathology
10	6 and at least two of which shall be licensed to practice
10	7 audiology, and two members who are not licensed to practice
10	8 speech pathology or audiology and who shall represent the
10	9 general public.	A majority of the members of the board shall
 10 10 constitute a quorum.
10 11	10.	j.	For physical therapy and occupational therapy,
10 12 three members licensed to practice physical therapy, two
10 13 members licensed to practice occupational therapy, and two
10 14 members who are not licensed to practice physical therapy or
10 15 occupational therapy and who shall represent the general
10 16 public.	A quorum shall consist of a majority of the members
 10 17 of the board.
10 18	11.	k.	For dietetics, one licensed dietitian representing
10 19 the approved or accredited dietetic education programs, one
10 20 licensed dietitian representing clinical dietetics in
 10 21 hospitals, one licensed dietitian representing community
10 22 nutrition services and two members who are not licensed
10 23 dietitians and who shall represent the general public.	A
 10 24 majority of the members of the board constitutes a quorum.
10 25	12.	l.	For the board of physician assistants, five
10 26 members licensed to practice as physician assistants, at least
10 27 two of whom practice in counties with a population of less
10 28 than fifty thousand, one member licensed to practice medicine
10 29 and surgery who supervises a physician assistant, one member
10 30 licensed to practice osteopathic medicine and surgery who
10 31 supervises a physician assistant, and two members who are not
10 32 licensed to practice either medicine and surgery or
10 33 osteopathic medicine and surgery or licensed as a physician
10 34 assistant and who shall represent the general public.	At
35 least one of the physician members shall be in practice in a
1 county with a population of less than fifty thousand.	A
 11  2 majority of members of the board constitutes a quorum.
11	3	13.	m.	For behavioral science, three members licensed to
11	4 practice marital and family therapy, one of whom shall be
 11  5 employed in graduate teaching, training, or research in
 11  6 marital and family therapy and two of whom shall be practicing
 11  7 marital and family therapists; all of whom shall be practicing
 11  8 marital and family therapists; three members licensed to
11	9 practice mental health counseling, one of whom shall be
11 10 employed in graduate teaching, training, or research in mental
11 11 health counseling and two of whom shall be practicing mental
11 12 health counselors; and three members who are not licensed to
11 13 practice marital and family therapy or mental health
11 14 counseling and who shall represent the general public.	A
 11 15 majority of the members of the board constitutes a quorum.
11 16	14.	n.	For cosmetology arts and sciences, a total of
11 17 seven members, three who are licensed cosmetologists, one who
11 18 is a licensed electrologist, esthetician, or nail
11 19 technologist, one who is a licensed instructor of cosmetology
11 20 arts and sciences at a public or private school and who does
11 21 not own a school of cosmetology arts and sciences, and two who
11 22 are not licensed in a practice of cosmetology arts and
11 23 sciences and who shall represent the general public.
11 24	15.	o.	For respiratory care, one licensed physician with
11 25 training in respiratory care, three respiratory care
11 26 practitioners who have practiced respiratory care for a
11 27 minimum of six years immediately preceding their appointment
11 28 to the board and who are recommended by the society for
11 29 respiratory care, and one member not licensed to practice
11 30 medicine or respiratory care who shall represent the general
11 31 public.	A majority of members of the board constitutes a
 11 32 quorum.
11 33	16.	p.	For mortuary science, four members licensed to
11 34 practice mortuary science, one member owning, operating, or
35 employed by a crematory, and two members not licensed to
1 practice mortuary science and not a crematory owner, operator,
12	2 or employee who shall represent the general public.	A
 12  3 majority of the members of the board constitutes a quorum.
12	4	17.	q.	For massage therapists, four members licensed to
12	5 practice massage therapy and three members who are not
12	6 licensed to practice massage therapy and who shall represent
12	7 the general public.	A majority of the members of the board
 12  8 constitutes a quorum.
12	9	18.	r.	For athletic trainers, three members licensed to
12 10 practice athletic training, three members licensed to practice
12 11 medicine and surgery, and one member not licensed to practice
12 12 athletic training or medicine and surgery and who shall

12 13 represent the general public.	A majority of the members of
 12 14 the board constitutes a quorum.
12 15	19.	s.	For podiatry, five members licensed to practice
12 16 podiatry and two members who are not licensed to practice
12 17 podiatry and who shall represent the general public.	A
 12 18 majority of the members of the board shall constitute a
 12 19 quorum.
12 20	20.	t.	For social work, a total of seven members, five
12 21 who are licensed to practice social work, with at least one
12 22 from each of three levels of licensure described in section
12 23 154C.3, subsection 1, two employed by a licensee under chapter
 12 24 237 and one employed in the area of children's social work,
12 25 and two who are not licensed social workers and who shall
12 26 represent the general public.
12 27	21.	u.	For sign language interpreting and
12 28 transliterating, four members licensed to practice
12 29 interpreting and transliterating, three of whom shall be
12 30 practicing interpreters and transliterators at the time of
12 31 appointment to the board and at least one of whom is employed
12 32 in an educational setting; and three members who are consumers
12 33 of interpreting or transliterating services as defined in
34 section 154E.1, each of whom shall be deaf.	A majority of
 12 35 members of the board constitutes a quorum.
1	22.	v.	For hearing aid dispensers, three licensed hearing
13	2 aid dispensers and two members who are not licensed hearing
13	3 aid dispensers who shall represent the general public.	A
 13  4 majority of the members of the board constitutes a quorum.	No
 13  5 more than two members of the board shall be employees of, or
 13  6 dispensers principally for, the same hearing aid manufacturer.
13	7	23.	w.	For nursing home administrators, a total of nine
13	8 members:  Four, four who are licensed nursing home
13	9 administrators, one of whom is the administrator of a
13 10 nonproprietary nursing home; three licensed members of any
13 11 profession concerned with the care and treatment of
13 12 chronically ill or elderly patients who are not nursing home
13 13 administrators or nursing home owners; and two members of the
13 14 general public who are not licensed under this chapter 147,
13 15 have no financial interest in any nursing home, and who shall
13 16 represent the general public.	A majority of the members of
 13 17 the board constitutes a quorum.
13 18	2.  A majority of the members of a board constitutes a
 13 19 quorum.
13 20	Sec. 14.	Section 147.19, Code Supplement 2007, is amended
13 21 to read as follows:
13 22	147.19	TERMS OF OFFICE.
13 23	The board members shall serve three=year terms, which shall
13 24 commence and end as provided by section 69.19.	Any vacancy in
13 25 the membership of a board shall be filled by appointment of
13 26 the governor subject to senate confirmation.	A member shall
13 27 serve no more than three terms or nine years in total on the
 13 28 same board.
13 29	Sec. 15.	Section 147.21, Code 2007, is amended to read as
13 30 follows:
13 31	147.21	EXAMINATION INFORMATION.
13 32	1.	The public members of the a board shall be allowed to
13 33 participate in administrative, clerical, or ministerial
13 34 functions incident to giving the examination, but shall not
35 determine the content of the examination or determine the
1 correctness of the answers.
14	2	2.	A member of the board shall not disclose information
14	3 relating to any of the following:
14	4	1.  Criminal history or prior misconduct of the applicant.
14	5	2.	a.	Information relating to the The contents of the
14	6 examination.
14	7	3.	b.	Information relating to the The examination results
14	8 other than final score except for information about the
14	9 results of an examination which is given to the person who
14 10 took the examination.
14 11	3.	A member of the board who willfully communicates or
14 12 seeks to communicate such information, and any person who
14 13 willfully requests, obtains, or seeks to obtain such
14 14 information, is guilty of a simple misdemeanor.
14 15	Sec. 16.	Section 147.22, Code Supplement 2007, is amended
14 16 to read as follows:
14 17	147.22	OFFICERS.
14 18	Each board shall organize annually and shall select a
14 19 chairperson and a secretary vice chairperson from its own
14 20 membership.
14 21	Sec. 17.	Section 147.24, Code Supplement 2007, is amended
14 22 by striking the section and inserting in lieu thereof the
14 23 following:

14 24	147.24	COMPENSATION.
14 25	Members of a board shall receive actual expenses for their
14 26 duties as a member of the board.	Each member of each board
14 27 shall also be eligible to receive compensation as provided in
14 28 section 7E.6, within the limits of funds available.
14 29	Sec. 18.	Section 147.25, Code Supplement 2007, is amended
14 30 by striking the section and inserting in lieu thereof the
14 31 following:
14 32	147.25	SYSTEM OF HEALTH PERSONNEL STATISTICS == FEE.
14 33	1.	A board may establish a system to collect, maintain,
14 34 and disseminate health personnel statistical data regarding
35 board licensees, including but not limited to number of
1 licensees, employment status, location of practice or place of
15	2 employment, areas of professional specialization and ages of
15	3 licensees, and other pertinent information bearing on the
15	4 availability of trained and licensed personnel to provide
15	5 services in this state.
15	6	2.	In addition to any other fee provided by law, a fee may
15	7 be set by the respective boards for each license and renewal
15	8 of a license to practice a profession, which fee shall be
15	9 based on the annual cost of collecting information for use by
15 10 the board in the administration of the system of health
15 11 personnel statistics established by this section.	The fee
15 12 shall be retained by the respective board in the manner in
15 13 which license and renewal fees are retained in section 147.82.
15 14	Sec. 19.	Section 147.28, Code Supplement 2007, is amended
15 15 to read as follows:
15 16	147.28	NATIONAL ORGANIZATION.
15 17	Each board may maintain a membership in the national
15 18 organization of the regulatory boards of its profession to be
15 19 paid from board funds appropriated to the board.
15 20	Sec. 20.	Section 147.33, Code Supplement 2007, is amended
15 21 by striking the section and inserting in lieu thereof the
15 22 following:
15 23	147.33	PROFESSIONAL SCHOOLS.
15 24	A dean of a college or university which provides
15 25 instruction or training in a profession shall supply
15 26 information or data related to the college or university upon
15 27 request of a board.
15 28	Sec. 21.	Section 147.34, Code Supplement 2007, is amended
15 29 to read as follows:
15 30	147.34	EXAMINATIONS.
31	Examinations for each profession licensed under this
 15 32 subtitle shall be conducted at least one time per year at such
 15 33 time as the department may fix in cooperation with each board.
 15 34 Examinations may be given at the state university of Iowa at
 15 35 the close of each school year for professions regulated by
 16  1 this subtitle and examinations may be given at other schools
 16  2 located in the state at which any of the professions regulated
 16  3 by this subtitle are taught.  At least one session of each
 16  4 board shall be held annually at the seat of government and the
 16  5 locations of other sessions shall be determined by the board,
 16  6 unless otherwise ordered by the department.
7	1.  Each board shall by rule prescribe the examination or
 16  8 examinations required for licensure for the profession and the
 16  9 manner in which an applicant shall complete the examination
 16 10 process.  A board may develop and administer the examination,
 16 11 may designate a national, uniform, or other examination as the
 16 12 prescribed examination, or may contract for such services.
 16 13 Dentists shall pass an examination approved by a majority of
 16 14 the dentist members of the dental board.
16 15	2.  When a board administers an examination, the board
 16 16 shall provide adequate public notice of the time and place of
 16 17 the examination to allow candidates to comply with the
 16 18 provisions of this subtitle.  Administration of examinations,
 16 19 including location, frequency, and reexamination, may be
 16 20 determined by the board.
16 21	3.	Applicants who fail to pass the examination once shall
16 22 be allowed to take the examination at the next scheduled
16 23 authorized time.	Thereafter, applicants shall be allowed to
16 24 take the examination at the discretion of the board.
16 25 Examinations may be given by a board which are prepared and
 16 26 scored by persons outside the state, and boards may contract
 16 27 for such services.  A board may make an agreement with boards
 16 28 in other states for administering a uniform examination.	An
16 29 applicant who has failed an examination may request in writing
16 30 information from the board concerning the examination grade
16 31 and subject areas or questions which the applicant failed to
16 32 answer correctly, except that if the board administers
16 33 prescribes a national or uniform, standardized examination,
16 34 the board shall only be required to provide the examination

35 grade and such other information concerning the applicant's
1 examination results which are available to the board.
17	2	Sec. 22.	Section 147.36, Code Supplement 2007, is amended
17	3 to read as follows:
17	4	147.36	RULES.
17	5	Each board shall may establish rules for any of the
 17  6 following:
17	7	1.	The qualifications required for applicants seeking to
17	8 take examinations.
17	9	2.	The denial of applicants seeking to take examinations.
17 10	3.	The conducting of examinations.
17 11	4.	The grading of examinations and passing upon the
17 12 technical qualifications of applicants, as shown by such
17 13 examinations.
17 14	5.	The minimum scores required for passing standardized
17 15 examinations.
17 16	Sec. 23.	Section 147.37, Code Supplement 2007, is amended
17 17 to read as follows:
17 18	147.37	IDENTITY OF CANDIDATE CONCEALED.
17 19	All examinations in theory shall be in writing, and the
 17 20 identity of the person taking the same shall not be disclosed
 17 21 upon the examination papers in such a way as to enable the
 17 22 members of the board to know by whom written until after the
 17 23 papers have been passed upon.  In examinations The identity of
 17 24 the person taking an examination shall not be disclosed during
 17 25 the examination process and in practice the identity of the
17 26 candidate shall also be concealed as far as to the extent
17 27 possible.
17 28	Sec. 24.	Section 147.44, Code Supplement 2007, is amended
17 29 by striking the section and inserting in lieu thereof the
17 30 following:
17 31	147.44	AGREEMENTS.
17 32	A board may enter into a reciprocal agreement with a
17 33 licensing authority of another state for the purpose of
17 34 recognizing licenses issued by the other state, provided that
35 such licensing authority imposes licensure requirements
1 substantially equivalent to those imposed in this state.	The
18	2 board may establish by rule the conditions for the recognition
18	3 of such licenses and the process for licensing such
18	4 individuals to practice in this state.
18	5	Sec. 25.	Section 147.48, Code Supplement 2007, is amended
18	6 to read as follows:
18	7	147.48	TERMINATION OF AGREEMENTS.
18	8	If the requirements for a license in any state with which
18	9 this state has a reciprocal agreement are changed by any law
18 10 or rule of the authorities in that state so that such
18 11 requirements are no longer substantially as high as equivalent
 18 12 to those existing in this state, the agreement shall be deemed
18 13 terminated and licenses issued in that state shall not be
18 14 recognized as a basis of granting a license in this state
18 15 until a new agreement has been negotiated.	The fact of such
 18 16 change shall be determined by the appropriate board and
 18 17 certified to the department for its guidance in enforcing the
 18 18 provisions of this section.
18 19	Sec. 26.	Section 147.49, Code Supplement 2007, is amended
18 20 to read as follows:
18 21	147.49	LICENSE OF ANOTHER STATE.
18 22	The department A board shall, upon presentation of a
18 23 license to practice a profession issued by the duly
18 24 constituted authority of another state with which this state
18 25 has established reciprocal relations, and subject to the rules
18 26 of the board for such profession, license the applicant to
18 27 practice in this state, unless under the rules of the board a
18 28 practical or jurisprudence examination is required.	The
 18 29 department may, upon the recommendation of the The board of
18 30 medicine, may accept in lieu of the examination prescribed in
18 31 section 148.3 or section 150A.3 a license to practice medicine
18 32 and surgery or osteopathic medicine and surgery, issued by the
18 33 duly constituted authority of another state, territory, or
34 foreign country.	Endorsement may be accepted by the
 18 35 department in lieu of further written examination without
1 regard to the existence or nonexistence of a reciprocal
19	2 agreement, but shall not be in lieu of the standards and
19	3 qualifications prescribed by section 148.3 or section 150A.3.
19	4	Sec. 27.	Section 147.53, Code Supplement 2007, is amended
19	5 to read as follows:
19	6	147.53	POWER TO ADOPT RULES.
19	7	The department and each Each board entering into a
 19  8 reciprocal agreement shall adopt necessary rules, not
19	9 inconsistent with law, for carrying out the reciprocal
19 10 relations with other states which are authorized by this

19 11 chapter.
19 12	Sec. 28.	Section 147.55, Code 2007, is amended to read as
19 13 follows:
19 14	147.55	GROUNDS.
19 15	A license to practice a profession shall be revoked, or
19 16 suspended, or otherwise disciplined when the licensee is
19 17 guilty of any of the following acts or offenses:
19 18	1.	Fraud in procuring a license.
19 19	2.	Professional incompetency incompetence.
19 20	3.	Knowingly making misleading, deceptive, untrue, or
19 21 fraudulent representations in the practice of a profession or
19 22 engaging in unethical conduct or practice harmful or
19 23 detrimental to the public.	Proof of actual injury need not be
19 24 established.
19 25	4.	Habitual intoxication or addiction to the use of drugs.
19 26	5.	Conviction of a felony crime related to the profession
19 27 or occupation of the licensee or the conviction of any felony
19 28 crime that would affect the licensee's ability to practice
19 29 within a profession.	A copy of the record of conviction or
19 30 plea of guilty shall be conclusive evidence.
19 31	6.	Fraud in representations as to skill or ability.
19 32	7.	Use of untruthful or improbable statements in
19 33 advertisements.
19 34	8.	Willful or repeated violations of the provisions of
35 this Act chapter, chapter 272C, or a board's enabling statute.
1	9.  Other acts or offenses as specified by board rule.
20	2	Sec. 29.	Section 147.57, Code 2007, is amended to read as
20	3 follows:
20	4	147.57	DENTAL HYGIENIST AND DENTIST.
20	5	The practice of dentistry by a dental hygienist shall also
20	6 be grounds for the revocation discipline of the dental
20	7 hygienist's license hygienist, and the permitting of such
20	8 practice by the dentist under whose supervision said the
20	9 dental hygienist is operating shall be grounds for revoking
 20 10 the license disciplining of said the dentist.
20 11	Sec. 30.	Section 147.73, Code 2007, is amended to read as
20 12 follows:
20 13	147.73	TITLES USED BY HOLDER OF DEGREE.
20 14	Nothing in section 147.72 shall be construed:
20 15	1.	As authorizing any person licensed to practice a
20 16 profession under this subtitle to use or assume any degree or
20 17 abbreviation of the same degree unless such degree has been
20 18 conferred upon said the person by an institution of learning
20 19 accredited by the appropriate board herein created, together
 20 20 with the director of public health, or by some recognized
20 21 state or national accredited agency.
20 22	2.	As prohibiting any holder of a degree conferred by an
20 23 institution of learning accredited by the appropriate board

20 24 herein created in this chapter,

together with the director of

 20 25 public health, or by some recognized state or national
20 26 accrediting agency, from using the title which such degree
20 27 authorizes the holder to use, but the holder shall not use
20 28 such degree or abbreviation in any manner which might mislead
20 29 the public as to the holder's qualifications to treat human
20 30 ailments.
20 31	Sec. 31.	Section 147.74, Code Supplement 2007, is amended
20 32 to read as follows:
20 33	147.74	PROFESSIONAL TITLES OR ABBREVIATIONS == FALSE USE
20 34 PROHIBITED.
35	1.	Any person who falsely claims by the use of any
1 professional title or abbreviation, either in writing, cards,
21	2 signs, circulars, or advertisements, the internet, or other
 21  3 written or electronic means, to be a practitioner of a system
 21  4 of the healing arts profession other than the one under which
21	5 the person holds a license or who fails to use the following
21	6 designations provided in this section shall be guilty of a
21	7 simple misdemeanor.
21	8	2.	A physician or surgeon may use the prefix "Dr." or
21	9 "Doctor", and shall add after the person's name the letters, 21 10 "M. D."
21 11	3.	An osteopath or osteopathic physician and surgeon may
21 12 use the prefix "Dr." or "Doctor", and shall add after the
21 13 person's name the letters, "D. O.", or the words "osteopath"
 21 14 or "osteopathic physician and surgeon".
21 15	4.	A chiropractor may use the prefix "Dr." or "Doctor",
21 16 but shall add after the person's name the letters, "D. C." or
21 17 the word, "chiropractor".
21 18	5.	A dentist may use the prefix "Dr." or "Doctor", but
21 19 shall add after the person's name the letters "D. D. S.", or
 21 20 "D. M. D.", or the word "dentist" or "dental surgeon".	A
 21 21 dental hygienist may use the words "registered dental

 21 22 hygienist" or the letters "R. D. H." after the person's name.
 21 23 A dental assistant may use the words "registered dental
 21 24 assistant" or the letters "R. D. A." after the person's name.
21 25	6.	A podiatric physician may use the prefix "Dr." or
 21 26 "Doctor", but shall add after the person's name the letters
 21 27 "D. P. M." or the words "podiatric physician".
21 28	7.	A graduate of a school accredited by the board of
21 29 optometry may use the prefix "Dr." or "Doctor", but shall add
21 30 after the person's name the letters "O. D."
21 31	8.	A physical therapist registered or licensed under
21 32 chapter 148A may use the words "physical therapist" after the
21 33 person's name or signify the same by the use of the letters
34 "P. T." after the person's name.	A physical therapist with an
 21 35 earned doctoral degree from an accredited school, college, or
 22  1 university may use the suffix designating the degree, or the
 22  2 prefix "Doctor" or "Dr." and add after the person's name the
 22  3 words "physical therapist".  An occupational therapist
 22  4 registered or licensed under chapter 148B may use the words
 22  5 "occupational therapist" after the person's name or signify
 22  6 the same by the use of the letters "O. T." after the person's
 22  7 name.  An occupational therapist with an earned doctoral
 22  8 degree from an accredited school, college, or university may
 22  9 use the suffix designating the degree, or the prefix "Doctor"
 22 10 or "Dr." and add after the person's name the words
 22 11 "occupational therapist".
12	9.	A physical therapist assistant licensed under chapter
22 13 148A may use the words "physical therapist assistant" after
22 14 the person's name or signify the same by use of the letters
22 15 "P. T. A." after the person's name.	An occupational therapy
 22 16 assistant licensed under chapter 148B may use the words
 22 17 "occupational therapy assistant" after the person's name or
 22 18 signify the same by use of the letters "O. T. A." after the
 22 19 person's name.
22 20	10.	A psychologist who possesses a doctoral degree and who
 22 21 claims to be a certified practicing psychologist may use the
22 22 prefix "Dr." or "Doctor" but shall add after the person's name
22 23 the word "psychologist".
22 24	11.	A speech pathologist with an earned doctoral degree in
22 25 speech pathology obtained beyond a bachelor's degree from an
22 26 accredited school, college, or university, may use the suffix
22 27 designating the degree, or the prefix "Doctor" or "Dr." and
22 28 add after the person's name the words "speech pathologist".
22 29 An audiologist with an earned doctoral degree in audiology
22 30 obtained beyond a bachelor's degree from an accredited school,
22 31 college, or university, may use the suffix designating the
22 32 degree, or the prefix "Doctor" or "Dr." and add after the
22 33 person's name the word "audiologist".
22 34	12.	A bachelor social worker licensed under chapter 154C
35 may use the words "licensed bachelor social worker" or the
1 letters "L. B. S. W." after the person's name.	A master
23	2 social worker licensed under chapter 154C may use the words
23	3 "licensed master social worker" or the letters "L. M. S. W."
23	4 after the person's name.	An independent social worker
23	5 licensed under chapter 154C may use the words "licensed
23	6 independent social worker", or the letters "L. I. S. W." after
23	7 the person's name.
23	8	13.	A marital and family therapist licensed under chapter
23	9 154D and this chapter may use the words "licensed marital and
23 10 family therapist" after the person's name or signify the same
23 11 by the use of the letters "L. M. F. T." after the person's
23 12 name.	A marital and family therapist licensed under chapter
23 13 154D and this chapter who possesses a doctoral degree may use
23 14 the prefix "Doctor" or "Dr." in conjunction with the person's
23 15 name, but shall add after the person's name the words
23 16 "licensed marital and family therapist".
23 17	14.	A mental health counselor licensed under chapter 154D
23 18 and this chapter may use the words "licensed mental health
23 19 counselor" after the person's name.	A mental health counselor
23 20 licensed under chapter 154D and this chapter who possesses a
23 21 doctoral degree may use the prefix "Doctor" or "Dr." in
23 22 conjunction with the person's name, but shall add after the
23 23 person's name the words "licensed mental health counselor".
23 24	15.	A pharmacist who possesses a doctoral degree
23 25 recognized by the American council of pharmaceutical education
23 26 accreditation council for pharmacy education from a college of
23 27 pharmacy approved by the board of pharmacy or a doctor of
23 28 philosophy degree in an area related to pharmacy may use the
23 29 prefix "Doctor" or "Dr." but shall add after the person's name
23 30 the word "pharmacist" or "Pharm. D."
23 31	16.	A physician assistant licensed under chapter 148C may
23 32 use the words "physician assistant" after the person's name or

23 33 signify the same by the use of the letters "P. A." after the
23 34 person's name.
35	17.	A massage therapist licensed under chapter 152C may
1 use the words "licensed massage therapist" or the initials "L.
24	2 M. T." after the person's name.
24	3	18.	An acupuncturist licensed under chapter 148E may use
24	4 the words "licensed acupuncturist" or the abbreviation "L.
 24  5 Ac." after the person's name.
24	6	19.	A respiratory care practitioner licensed under chapter
24	7 152B and this chapter may use the title "respiratory care
24	8 practitioner" or the letters "R. C. P." after the person's
24	9 name.
24 10	20.	An athletic trainer licensed under chapter 152D and
24 11 this chapter may use the words "licensed athletic trainer" or
24 12 the letters "LAT" after the person's name.
24 13	21.	A registered nurse licensed under chapter 152 may use
24 14 the words "registered nurse" or the letters "R. N." after the
24 15 person's name.	A licensed practical nurse licensed under
24 16 chapter 152 may use the words "licensed practical nurse" or
24 17 the letters "L. P. N." after the person's name.
24 18	22.	A sign language interpreter or transliterator licensed
24 19 under chapter 154E and this chapter may use the title
24 20 "licensed sign language interpreter" or the letters "L. I."
24 21 after the person's name.
24 22	23.	No other practitioner licensed to practice a
24 23 profession under any of the provisions of this subtitle shall
24 24 be entitled to use the prefix "Dr." or "Doctor" unless the
 24 25 licensed practitioner possesses an earned doctoral degree.
24 26 Such a practitioner shall reference the degree held after the
 24 27 person's name.
24 28	Sec. 32.	Section 147.76, Code Supplement 2007, is amended
24 29 to read as follows:
24 30	147.76	RULES.
24 31	The boards for the various professions shall adopt all
24 32 necessary and proper rules to administer and interpret this
24 33 chapter and chapters 147A 148 through 158, except chapter
24 34 148D.
35	Sec. 33.	Section 147.80, Code Supplement 2007, is amended
1 by striking the section and inserting in lieu thereof the
25	2 following:
25	3	147.80	ESTABLISHMENT OF FEES == ADMINISTRATIVE COSTS.
25	4	1.	Each board may by rule establish fees for the following
25	5 based on the costs of sustaining the board and the actual
25	6 costs of the service:
25	7	a.	Examinations.
25	8	b.	Licensure, certification, or registration.
25	9	c.	Renewal of licensure, certification, or registration.
25 10	d.	Renewal of licensure, certification, or registration
25 11 during the grace period.
25 12	e.	Reinstatement or reactivation of licensure,
25 13 certification, or registration.
25 14	f.	Issuance of a certified statement that a licensee is
25 15 licensed in this state.
25 16	g.	Issuance of a duplicate license, which shall be so
25 17 designated on its face.	A board may require satisfactory
25 18 proof the original license issued by the board has been lost
25 19 or destroyed.
25 20	h.	Issuance of a renewal card.
25 21	i.	Verification of licensure.
25 22	j.	Returned checks.
25 23	k.	Inspections.
25 24	2.	Each board shall annually prepare estimates of
25 25 projected revenues to be generated by the fees received by the
25 26 board as well as a projection of the fairly apportioned
25 27 administrative costs and rental expenses attributable to the
25 28 board.	Each board shall annually review and adjust its
25 29 schedule of fees to cover projected expenses.
25 30	3.	The board of medicine, the board of pharmacy, the
25 31 dental board, and the board of nursing shall retain individual
25 32 executive officers, but shall make every effort to share
25 33 administrative, clerical, and investigative staff to the
25 34 greatest extent possible.
35	Sec. 34.	Section 147.82, Code Supplement 2007, is amended
1 to read as follows:
26	2	147.82	FEES FEE RETENTION.
26	3	All fees collected by a board listed in section 147.80
26	4 147.13 or by the department for the bureau of professional
26	5 licensure, and fees collected pursuant to sections 124.301 and
26	6 147.80 and chapter 155A by the board of pharmacy, shall be
26	7 retained by each board or by the department for the bureau of
26	8 professional licensure.	The moneys retained by a board shall

26	9 be used for any of the board's duties, including but not
26 10 limited to the addition of full=time equivalent positions for
26 11 program services and investigations.	Revenues retained by a
26 12 board pursuant to this section shall be considered repayment
26 13 receipts as defined in section 8.2.	Notwithstanding section
26 14 8.33, moneys retained by a board pursuant to this section are
26 15 not subject to reversion to the general fund of the state.
26 16	Sec. 35.	Section 147.84, Code 2007, is amended to read as
26 17 follows:
26 18	147.84	FORGERIES.
26 19	Any person who shall file files or attempt attempts to file
26 20 with the department a board any false or forged diploma, or
26 21 certificate or affidavit of identification or qualification,
26 22 or other document shall be guilty of a fraudulent practice.
26 23	Sec. 36.	Section 147.85, Code 2007, is amended to read as
26 24 follows:
26 25	147.85	FRAUD.
26 26	Any person who shall present presents to the department a
 26 27 board a diploma or certificate of which the person is not the
26 28 rightful owner, for the purpose of procuring a license, or who
26 29 shall falsely personate personates anyone to whom a license
26 30 has been issued by said department the board shall be guilty
26 31 of a serious misdemeanor.
26 32	Sec. 37.	Section 147.87, Code Supplement 2007, is amended
26 33 to read as follows:
26 34	147.87	ENFORCEMENT.
35	The department A board shall enforce the provisions of this
1 and the following chapters of this subtitle chapter and its
 27  2 enabling statute and for that purpose may request the
27	3 department of inspections and appeals to make necessary
27	4 investigations.	Every licensee and member of a board shall
27	5 furnish the department board or the department of inspections
27	6 and appeals such evidence as the member or licensee may have
27	7 relative to any alleged violation which is being investigated.
27	8	Sec. 38.	Section 147.88, Code Supplement 2007, is amended
27	9 to read as follows:
27 10	147.88	INSPECTIONS AND INVESTIGATIONS.
27 11	The department of inspections and appeals may perform
27 12 inspections and investigations as required by this subtitle,
27 13 except inspections and investigations for the board of
27 14 medicine, board of pharmacy, board of nursing, and the dental
27 15 board.	The department of inspections and appeals shall employ
27 16 personnel related to the inspection and investigative
27 17 functions.
27 18	Sec. 39.	Section 147.89, Code Supplement 2007, is amended
27 19 to read as follows:
27 20	147.89	REPORT OF VIOLATORS.
27 21	Every licensee and member of a board shall report, also, to
 27 22 the department to its respective board the name of every any
27 23 person, without a the required license, that the member or
 27 24 licensee has reason to believe is engaged in:
27 25	1.  Practicing any profession for which a license is
 27 26 required.
27 27	2.  Operating as an itinerant practitioner of such
 27 28 profession if the licensee or member of the board has reason
 27 29 to believe the person is practicing the profession without a
 27 30 license.
27 31	Sec. 40.	Section 147.91, Code Supplement 2007, is amended
27 32 by striking the section and inserting in lieu thereof the
27 33 following:
27 34	147.91	PUBLICATIONS.
35	Each board shall provide access to the laws and rules
1 regulating the board to the public upon request and shall make
28	2 this information available through the internet.
28	3	Sec. 41.	Section 147.92, Code 2007, is amended to read as
28	4 follows:
28	5	147.92	ATTORNEY GENERAL.
28	6	Upon request of the department a board the attorney general
28	7 shall institute in the name of the state the proper
28	8 proceedings against any person charged by the department board
28	9 with violating any provision of this or the following chapters
28 10 of this subtitle.
28 11	Sec. 42.	Section 147.93, Code 2007, is amended to read as
28 12 follows:
28 13	147.93	PRIMA FACIE EVIDENCE.
28 14	The opening of an office or place of business for the
28 15 practice of any profession for which a license is required by
28 16 this subtitle, the announcing to the public in any way the
28 17 intention to practice any such profession, the use of any
28 18 professional degree or designation, or of any sign, card,
28 19 circular, device, internet web site, or advertisement, as a

28 20 practitioner of any such profession, or as a person skilled in
28 21 the same, shall be prima facie evidence of engaging in the
28 22 practice of such profession.
28 23	Sec. 43.	Section 147.107, subsections 2 and 3, Code
28 24 Supplement 2007, are amended to read as follows:
28 25	2.	a.	A pharmacist, physician, dentist, or podiatric
28 26 physician who dispenses prescription drugs, including but not
28 27 limited to controlled substances, for human use, may delegate
28 28 nonjudgmental dispensing functions to staff assistants only
28 29 when verification of the accuracy and completeness of the
28 30 prescription dispensing is determined by the pharmacist or
28 31 practitioner in the pharmacist's or practitioner's physical
28 32 presence.	However, the physical presence requirement does not
28 33 apply when a pharmacist or practitioner is utilizing an
28 34 automated dispensing system.	When using an automated
35 dispensing system the pharmacist or practitioner shall utilize
1 an internal quality control assurance plan that ensures
29	2 accuracy for dispensing.	Verification of automated dispensing
29	3 accuracy and completeness remains the responsibility of the
29	4 pharmacist or practitioner and shall be determined in
29	5 accordance with rules adopted by the board of pharmacy, the
29	6 board of medicine, the dental board, and the board of podiatry
29	7 for their respective licensees.
29	8	b.	A dentist, physician, or podiatric physician who
29	9 dispenses prescription drugs, other than drug samples,
29 10 pursuant to this subsection, shall register report the fact
29 11 that they dispense prescription drugs with the practitioner's
29 12 respective board at least biennially.
29 13	c.	A physician, dentist, or podiatric physician who
29 14 dispenses prescription drugs, other than drug samples,
29 15 pursuant to this subsection, shall offer to provide the
29 16 patient with a written prescription that may be dispensed from
29 17 a pharmacy of the patient's choice or offer to transmit the
29 18 prescription orally, electronically, or by facsimile in
29 19 accordance with section 155A.27 to a pharmacy of the patient's
29 20 choice.
29 21	3.	A physician's physician assistant or registered nurse
29 22 may supply when pharmacist services are not reasonably
29 23 available or when it is in the best interests of the patient,
29 24 on the direct order of the supervising physician, a quantity
29 25 of properly packaged and labeled prescription drugs,
29 26 controlled substances, or contraceptive devices necessary to
29 27 complete a course of therapy.	However, a remote clinic,
29 28 staffed by a physician's assistant or registered nurse, where
29 29 pharmacy services are not reasonably available, shall secure
29 30 the regular advice and consultation of a pharmacist regarding
29 31 the distribution, storage, and appropriate use of such drugs,
29 32 substances, and devices.
29 33	Sec. 44.	Section 148.1, Code 2007, is amended to read as
29 34 follows:
35	148.1	PERSONS ENGAGED IN PRACTICE.
1	For the purpose of this subtitle the following classes of
30	2 persons shall be deemed to be engaged in the practice of
30	3 medicine and surgery or osteopathic medicine and surgery:
30	4	1.	Persons who publicly profess to be physicians or and
30	5 surgeons, osteopathic physicians and surgeons, or who publicly
30	6 profess to assume the duties incident to the practice of
30	7 medicine or and surgery or osteopathic medicine and surgery.
30	8	2.	Persons who prescribe, or prescribe and furnish,
30	9 medicine for human ailments or treat the same by surgery.
30 10	3.	Persons who act as representatives of any person in
30 11 doing any of the things mentioned in this section.
30 12	Sec. 45.	Section 148.2, Code Supplement 2007, is amended
30 13 to read as follows:
30 14	148.2	PERSONS NOT REQUIRED TO QUALIFY ENGAGED IN PRACTICE.
30 15	Section 148.1 shall not be construed to include the
30 16 following classes of persons:
30 17	1.	Persons who advertise or sell patent or proprietary
30 18 medicines.
30 19	2.	Persons who advertise, sell, or prescribe natural
30 20 mineral waters flowing from wells or springs.
30 21	3.	Students of medicine or and surgery or osteopathic
 30 22 medicine and surgery who have completed at least two years'
30 23 study in a medical school or a college of osteopathic medicine
 30 24 and surgery, approved by the board, and who prescribe medicine
30 25 under the supervision of a licensed physician and surgeon or
 30 26 licensed osteopathic physician and surgeon, or who render
30 27 gratuitous service to persons in case of emergency.
30 28	4.	Licensed podiatric physicians, osteopaths, osteopathic
 30 29 physicians and surgeons, chiropractors, physical therapists,
30 30 nurses, dentists, optometrists, and pharmacists who are

30 31 exclusively engaged in the practice of their respective
30 32 professions.
30 33	5.	Physicians and surgeons or osteopathic physicians and
 30 34 surgeons of the United States army, navy, air force, marines,
35 public health service, or other uniformed service when acting
1 in the line of duty in this state, and holding a current,
31	2 active permanent license in good standing in another state,
31	3 district, or territory of the United States, or physicians and
31	4 surgeons or osteopathic physicians and surgeons licensed in
31	5 another state, when incidentally called into this state in
31	6 consultation with a physician and surgeon or osteopathic
 31  7 physician and surgeon licensed in this state.
31	8	6.  A graduate of a medical school who is continuing
 31  9 training and performing the duties of an intern, or who is
 31 10 engaged in postgraduate training deemed the equivalent of an
 31 11 internship in a hospital approved for training by the board.
31 12	Sec. 46.	Section 148.2A, Code Supplement 2007, is amended
31 13 to read as follows:
31 14	148.2A	BOARD OF MEDICINE.
31 15	1.	As used in this chapter, "board" means the board of
31 16 medicine established in chapter 147.
31 17	2.  Notwithstanding sections 17A.11, 69.16, 69.16A, 147.12,
 31 18 147.14, and 147.19, the board may have a pool of up to ten
 31 19 alternate members, including members licensed to practice
 31 20 under this chapter and members not licensed to practice under
 31 21 this chapter, to substitute for board members who are
 31 22 disqualified or become unavailable for any other reason for
 31 23 contested case hearings.
31 24	a.  The board may recommend, subject to approval by the
 31 25 governor, up to ten people to serve in a pool of alternate
 31 26 members.
31 27	b.  A person serves in the pool of alternate members at the
 31 28 discretion of the board; however, the length of time an
 31 29 alternate member may serve in the pool shall not exceed nine
 31 30 years.  A person who serves as an alternate member may later
 31 31 be appointed to the board and may serve nine years, in
 31 32 accordance with sections 147.12 and 147.19.  A former board
 31 33 member may serve in the pool of alternate members.
34	c.  An alternate member licensed under this chapter shall
 31 35 hold an active license and shall have been actively engaged in
 32  1 the practice of medicine and surgery or osteopathic medicine
 32  2 and surgery in the preceding three years, with the two most
 32  3 recent years of practice being in Iowa.
4	d.  When a sufficient number of board members are
 32  5 unavailable to hear a contested case, the board may request
 32  6 alternate members to serve.
32	7	e.  Notwithstanding section 17A.11, section 147.14,
 32  8 subsection 2, and section 272C.6, subsection 5:
32	9	(1)  An alternate member is deemed a member of the board
 32 10 only for the hearing panel for which the alternate member
 32 11 serves.
32 12	(2)  A hearing panel containing alternate members must
 32 13 include at least six people.
32 14	(3)  The majority of a hearing panel containing alternate
 32 15 members shall be members of the board.
32 16	(4)  The majority of a hearing panel containing alternate
 32 17 members shall be members licensed to practice under this
 32 18 chapter.
32 19	(5)  A decision of a hearing panel containing alternate
 32 20 members is considered a final decision of the board.
32 21	f.  An alternate member shall not receive compensation in
 32 22 excess of that authorized by law for a board member.
32 23	Sec. 47.	NEW SECTION.	148.2B	EXECUTIVE DIRECTOR.
32 24	The salary of the executive director of the board shall be
32 25 established by the governor with approval of the executive
32 26 council pursuant to section 8A.413, subsection 2, under the
32 27 pay plan for exempt positions in the executive branch of
32 28 government.
32 29	Sec. 48.	Section 148.3, Code Supplement 2007, is amended
32 30 to read as follows:
32 31	148.3	REQUIREMENTS FOR LICENSE TO PRACTICE.
32 32	1.	An applicant for a license to practice medicine and
32 33 surgery or osteopathic medicine and surgery shall present to
 32 34 the board all of the following:
35	1.	a.	Present a A diploma issued by a medical college or
 33  1 college of osteopathic medicine and surgery approved by the
2 board, or present other evidence of equivalent medical
33	3 education approved by the board.	The board may accept, in
33	4 lieu of a diploma from a medical college approved by them the
 33  5 board, all of the following:
33	6	a.	(1)	A diploma issued by a medical college or college

 33  7 of osteopathic medicine and surgery which has been neither
33	8 approved nor disapproved by the board.
33	9	b.	(2)	A valid standard certificate issued by the
33 10 educational commission for foreign medical graduates or
33 11 similar accrediting agency.
33 12	2.	b.	Pass Evidence of having passed an examination
33 13 prescribed by the board which shall include subjects which
33 14 determine the applicant's qualifications to practice medicine
33 15 and surgery or osteopathic medicine and surgery and which
33 16 shall be given according to the methods deemed by the board to
33 17 be the most appropriate and practicable.	However, the
 33 18 federation licensing examination one or more examinations as
 33 19 prescribed by the board or any other national standardized
33 20 examination which the board approves may be administered to
33 21 any or all applicants in lieu of or in conjunction with other
33 22 examinations which the board prescribes.	The board may
33 23 establish necessary achievement levels on all examinations for
33 24 a passing grade and adopt rules relating to examinations.
33 25	3.	c.	Present to the board satisfactory Satisfactory
33 26 evidence that the applicant has successfully completed one
33 27 year of postgraduate internship or resident training in a
33 28 hospital approved for such training by the board.	Beginning
 33 29 July 1, 2006, an An applicant who holds a valid certificate
33 30 issued by the educational commission for foreign medical
33 31 graduates shall submit satisfactory evidence of successful
33 32 completion of two years of such training.
33	2.  An application for a license shall be made to the board
 33 34 of medicine.  All license and renewal fees shall be paid to
 33 35 and collected by the board and transmitted to the board.
1	3.  The board shall give priority to the processing of
 34  2 applications for licensure submitted by physicians and
 34  3 surgeons and osteopathic physicians and surgeons whose
 34  4 practice will primarily involve provision of service to
 34  5 underserved populations, including but not limited to
 34  6 minorities or low=income persons, or who live in rural areas.
34	7	4.  The issuance of reciprocal agreements pursuant to
 34  8 section 147.44 is not required and is subject to the
 34  9 discretion of the board.
34 10	Sec. 49.	Section 148.5, Code Supplement 2007, is amended
34 11 to read as follows:
34 12	148.5	RESIDENT PHYSICIAN LICENSE.
34 13	A physician, who is a graduate of a medical school or
 34 14 college of osteopathic medicine and surgery and is serving as
34 15 a resident physician who is not otherwise licensed to practice
34 16 medicine and surgery or osteopathic medicine and surgery in
34 17 this state, shall be required to obtain from the board a
34 18 license to practice as a resident physician.	The license
34 19 shall be designated "Resident Physician License" and shall
34 20 authorize the licensee to serve as a resident physician only,
34 21 under the supervision of a licensed practitioner of medicine
34 22 and surgery or osteopathic medicine and surgery, in an
34 23 institution approved for such training by the board.	A
34 24 license shall be valid for a duration as determined by the
34 25 board.	The fee for each license shall be set by the board to
34 26 cover the administrative costs of issuing the license.	The
34 27 board shall determine in each instance those eligible for a
34 28 license, whether or not examinations shall be given, and the
34 29 type of examinations.	Requirements of the law pertaining to
34 30 regular permanent licensure shall not be mandatory for a
34 31 resident physician license except as specifically designated
34 32 by the board.	The granting of a resident physician license
34 33 does not in any way indicate that the person licensed is
34 34 necessarily eligible for regular permanent licensure, or that
35 the board in any way is obligated to license the individual.
1	Sec. 50.	Section 148.6, Code Supplement 2007, is amended
35	2 to read as follows:
35	3	148.6	REVOCATION LICENSEE DISCIPLINE == CRIMINAL PENALTY.
35	4	1.	The board, after due notice and hearing in accordance
35	5 with chapter 17A, may issue an order to discipline a licensee
35	6 for any of the grounds set forth in section 147.55, chapter
35	7 272C, or this subsection.	Notwithstanding section 272C.3,
35	8 licensee discipline may include a civil penalty not to exceed
35	9 ten thousand dollars.
35 10	2.	Pursuant to this section, the board may discipline a
35 11 licensee who is guilty of any of the following acts or
35 12 offenses:
35 13	a.	Knowingly making misleading, deceptive, untrue or
35 14 fraudulent representation in the practice of the physician's
35 15 profession.
35 16	b.	Being convicted of a felony in the courts of this state
35 17 or another state, territory, or country.	Conviction as used

35 18 in this paragraph shall include a conviction of an offense
35 19 which if committed in this state would be deemed a felony
35 20 without regard to its designation elsewhere, or a criminal
35 21 proceeding in which a finding or verdict of guilt is made or
35 22 returned, but the adjudication of guilt is either withheld or
35 23 not entered.	A certified copy of the final order or judgment
35 24 of conviction or plea of guilty in this state or in another
35 25 state shall be conclusive evidence.
35 26	c.	Violating a statute or law of this state, another
35 27 state, or the United States, without regard to its designation
35 28 as either felony or misdemeanor, which statute or law relates
35 29 to the practice of medicine.
35 30	d.	Having the license to practice medicine and surgery, or
35 31 osteopathic medicine and surgery, or osteopathy revoked or
35 32 suspended, or having other disciplinary action taken by a
35 33 licensing authority of another state, territory, or country.
35 34 A certified copy of the record or order of suspension,
35 revocation, or disciplinary action is prima facie evidence.
1	e.	Knowingly aiding, assisting, procuring, or advising a
36	2 person to unlawfully practice medicine and surgery, or
36	3 osteopathic medicine and surgery, or osteopathy.
36	4	f.	Being adjudged mentally incompetent by a court of
36	5 competent jurisdiction.	Such adjudication shall automatically
36	6 suspend a license for the duration of the license unless the
36	7 board orders otherwise.
36	8	g.	Being guilty of a willful or repeated departure from,
36	9 or the failure to conform to, the minimal standard of
36 10 acceptable and prevailing practice of medicine and surgery, or
36 11 osteopathic medicine and surgery, or osteopathy in which
36 12 proceeding actual injury to a patient need not be established;
36 13 or the committing by a physician of an act contrary to
36 14 honesty, justice, or good morals, whether the same is
36 15 committed in the course of the physician's practice or
36 16 otherwise, and whether committed within or without this state.
36 17	h.	Inability to practice medicine and surgery, or
36 18 osteopathic medicine and surgery, or osteopathy with
36 19 reasonable skill and safety by reason of illness, drunkenness,
36 20 excessive use of drugs, narcotics, chemicals, or other type of
36 21 material or as a result of a mental or physical condition.
36 22 The board may, upon probable cause, compel a physician to
36 23 submit to a mental or physical examination by designated
36 24 physicians or to submit to alcohol or drug screening within a
36 25 time specified by the board.
36 26	A person licensed to practice medicine and surgery, or
36 27 osteopathic medicine and surgery, or osteopathy who makes
36 28 application for the renewal of a license, as required by
36 29 section 147.10, gives consent to submit to a mental or
36 30 physical examination as provided by this lettered paragraph
36 31 when directed in writing by the board.	All objections shall
36 32 be waived as to the admissibility of the examining physicians'
36 33 testimony or examination reports on the grounds that they
36 34 constitute privileged communication.	The medical testimony or
35 examination reports shall not be used against a physician in
1 another proceeding and shall be confidential, except for other
37	2 actions filed against a physician to revoke or suspend a
37	3 license.	Failure of a physician to submit to an examination
 37  4 or to submit to alcohol or drug screening shall constitute
 37  5 admission to the allegations made against the physician and
 37  6 the finding of fact and decision of the board may be entered
 37  7 without the taking of testimony or presentation of evidence.
 37  8 At reasonable intervals, a physician shall be afforded an
 37  9 opportunity to demonstrate that the physician can resume the
 37 10 competent practice of medicine with reasonable skill and
 37 11 safety to patients.
37 12	i.	Willful or repeated violation of lawful rule or
37 13 regulation adopted by the board or violating a lawful order of
37 14 the board, previously entered by the board in a disciplinary
37 15 or licensure hearing, or violating the terms and provisions of
37 16 a consent agreement or informal settlement between a licensee
37 17 and the board.
37 18	3.  A person violating the provisions of section 147.2,
 37 19 147.84, or 147.85, shall upon conviction be guilty of a class
 37 20 "D" felony.
37 21	Sec. 51.	Section 148.7, Code Supplement 2007, is amended
37 22 to read as follows:
37 23	148.7	PROCEDURE FOR SUSPENSION OR REVOCATION LICENSEE
 37 24 DISCIPLINE.
37 25	A proceeding for the revocation or suspension of a license
37 26 to practice medicine and surgery, or osteopathic medicine and
37 27 surgery, or osteopathy or to discipline a person licensed to
37 28 practice medicine and surgery, or osteopathic medicine and

37 29 surgery, or osteopathy shall be substantially in accord with
37 30 the following procedure:
37 31	1.	The board may, upon its own motion or upon verified

32 receipt of a complaint in

writing,

and shall, if such

 37 33 complaint is filed by the director of public health, issue an
 37 34 order fixing the time and place for hearing order an
 37 35 investigation.	The board may, upon its own motion, order a
 38  1 hearing.	A written notice of the time and place of the
2 hearing together with a statement of the charges shall be
38	3 served upon the licensee at least ten days before the hearing
38	4 in the manner required for the service of notice of the
38	5 commencement of an ordinary action or by restricted certified
38	6 mail.
38	7	2.	If the licensee has left the state, the notice and
 38  8 statement of the charges shall be so served at least twenty
 38  9 days before the date of the hearing, wherever the licensee may
 38 10 be found.	If the whereabouts of the licensee is unknown,
38 11 service may be had by publication as provided in the rules of
38 12 civil procedure upon filing the affidavit required by the
38 13 rules.	In case the licensee fails to appear, either in person
38 14 or by counsel at the time and place designated in the notice,
38 15 the board shall proceed with the hearing as hereinafter
38 16 provided in this section.
38 17	3.	a.	The hearing shall be before a member or members
38 18 designated by the board or before an administrative law judge
38 19 appointed by the board according to the requirements of
38 20 section 17A.11, subsection 1.	The presiding board member or
38 21 administrative law judge may issue subpoenas, administer
38 22 oaths, and take or cause depositions to be taken in connection
38 23 with the hearing.	The presiding board member or
38 24 administrative law judge shall issue subpoenas at the request
38 25 and on behalf of the licensee.	The hearing shall be open to
 38 26 the public.
38 27	b.	The administrative law judge shall be an attorney
38 28 vested with full authority of the board to schedule and
38 29 conduct hearings.	The administrative law judge shall prepare
38 30 and file with the board the administrative law judge's
38 31 findings of fact and conclusions of law, together with a
38 32 complete written transcript of all testimony and evidence
38 33 introduced at the hearing and all exhibits, pleas, motions,
38 34 objections, and rulings of the administrative law judge.
35	4.  Disciplinary hearings held pursuant to section 272C.6,
 39  1 subsection 1, shall be heard by the board, or by a panel of
 39  2 not less than six members, at least three of whom are board
 39  3 members, and the remaining appointed pursuant to section
 39  4 148.2A, with no more than three of the six being public
 39  5 members.  Notwithstanding chapters 17A and 21, a disciplinary
 39  6 hearing shall be open to the public at the discretion of the
 39  7 licensee.
8	4.	5.	A stenographic record of the proceedings shall be
39	9 kept.	The licensee shall have the opportunity to appear
39 10 personally and by an attorney, with the right to produce
39 11 evidence in on the licensee's own behalf, to examine and
39 12 cross=examine witnesses, and to examine documentary evidence
39 13 produced against the licensee.
39 14	5.	6.	If a person refuses to obey a subpoena issued by
39 15 the presiding member or administrative law judge or to answer
39 16 a proper question during the hearing, the presiding member or
39 17 administrative law judge may invoke the aid of a court of
39 18 competent jurisdiction or judge of this court in requiring the
39 19 attendance and testimony of the person and the production of
39 20 papers.	A failure to obey the order of the court may be
39 21 punished by the court as a civil contempt may be punished.
39 22	6.	7.	Unless the hearing is before the entire board, a
39 23 transcript of the proceeding, together with exhibits
39 24 presented, shall be considered by the entire board at the
39 25 earliest practicable time.	The licensee and the licensee's
39 26 attorney shall have the opportunity to appear personally to
39 27 present the licensee's position and arguments to the board.
39 28 The board shall determine the charge or charges upon the
39 29 merits on the basis of the evidence in the record before it.
39 30	7.	8.	If a majority of the members of the board vote in
39 31 favor of finding the licensee guilty of an act or offense
39 32 specified in section 147.55 or 148.6, the board shall prepare
39 33 written findings of fact and its decision imposing one or more
39 34 of the following disciplinary measures:
35	a.	Suspend the licensee's license to practice the
1 profession for a period to be determined by the board.
40	2	b.	Revoke the licensee's license to practice the
40	3 profession.
40	4	c.	Suspend imposition of judgment and penalty or impose

40	5 the judgment and penalty, but suspend enforcement and place
40	6 the physician on probation.	The probation ordered may be
40	7 vacated upon noncompliance.	The board may restore and reissue
40	8 a license to practice medicine and surgery, or osteopathic
40	9 medicine and surgery, or osteopathy, but may impose a
40 10 disciplinary or corrective measure which the board might
40 11 originally have imposed.	A copy of the board's order,
40 12 findings of fact, and decision, shall be served on the
40 13 licensee in the manner of service of an original notice or by
40 14 certified mail return receipt requested.
40 15	8.	9.	Judicial review of the board's action may be sought
40 16 in accordance with the terms of the Iowa administrative
40 17 procedure Act, chapter 17A.
40 18	9.	10.	The board's order revoking or suspending a license
40 19 to practice medicine and surgery, or osteopathic medicine and
40 20 surgery, or osteopathy or to discipline a licensee shall
40 21 remain in force and effect until the appeal is finally
40 22 determined and disposed of upon its merit.
40 23	Sec. 52.	Section 148.9, Code Supplement 2007, is amended
40 24 to read as follows:
40 25	148.9	REINSTATEMENT.
40 26	Any person whose license has been suspended, revoked, or
 40 27 placed on probation may apply to the board for reinstatement
40 28 at any time and the board may hold hearings a hearing on any
40 29 such petition and may order reinstatement and impose terms and
40 30 conditions thereof and issue a certificate of reinstatement to
 40 31 the director of public health who shall thereupon issue a
 40 32 license as directed by the board.
40 33	Sec. 53.	Section 148.10, Code Supplement 2007, is amended
40 34 to read as follows:
35	148.10	TEMPORARY CERTIFICATE LICENSE.
1	1.	The board may, in its discretion, issue a temporary
41	2 certificate license authorizing the licensee to practice
41	3 medicine and surgery or osteopathic medicine and surgery in a
41	4 specific location or locations and for a specified period of
41	5 time if, in the opinion of the board, a need exists and the
41	6 person possesses the qualifications prescribed by the board
41	7 for the license, which shall be substantially equivalent to
41	8 those required for licensure under this chapter or chapter
 41  9 150A, as the case may be.	The board shall determine in each
41 10 instance those eligible for this the license, whether or not
41 11 examinations shall be given, and the type of examinations.	No
41 12 requirements of the law pertaining to regular permanent
41 13 licensure are mandatory for this the temporary license except
41 14 as specifically designated by the board.	The granting of a
41 15 temporary license does not in any way indicate that the person
41 16 so licensed is necessarily eligible for regular licensure or
41 17 that the board in any way is obligated to so license the
41 18 person.
41 19	2.	The temporary certificate license shall be issued for a
41 20 period not to exceed one year and may be renewed, but a person
41 21 shall not practice medicine and surgery or osteopathic
41 22 medicine and surgery in excess of three years while holding a
41 23 temporary certificate license.	The fee for this the license
41 24 and the fee for renewal of this the license shall be set by
41 25 the board.	The fees shall be based on the administrative
41 26 costs of issuing and renewing the licenses.
41 27	Sec. 54.	Section 148.11, Code Supplement 2007, is amended
41 28 to read as follows:
41 29	148.11	SPECIAL LICENSE TO PRACTICE MEDICINE AND SURGERY OR
 41 30 OSTEOPATHIC MEDICINE AND SURGERY.
41 31	1.	Whenever the need exists, the board may issue a special
41 32 license.	The special license shall authorize the licensee to
41 33 practice medicine and surgery or osteopathic medicine and
 41 34 surgery under the policies and standards applicable to the
35 health care services of a medical or osteopathic medical
1 school academic staff member or as otherwise specified in the
42	2 special license.
42	3	2.	A person applying for a special license shall:
42	4	a.	Be a physician in a professional specialty.
42	5	b.	Present a diploma issued by a medical or osteopathic
 42  6 medical college.
42	7	c.	Present evidence of an unrestricted license to practice
42	8 medicine and surgery or osteopathic medicine and surgery which
42	9 has been issued by a foreign state or territory or an alien
42 10 country.
42 11	d.	Present a letter of recommendation from the dean of a
42 12 medical or osteopathic medical school in this state indicating
42 13 that the applicant has been invited to serve on the academic
42 14 staff of the medical or osteopathic medical school.
42 15	e.	Present letters of recommendation from universities,

42 16 other educational institutions, or research facilities that
42 17 indicate the noteworthy professional attainment by the
42 18 applicant.
42 19	f.	Present biographical background information concerning
42 20 the applicant's education and qualifications.
42 21	3.	The board shall establish a fee for initial issuance

42 22 and renewal of a special license

shall be established in an

 42 23 amount sufficient to cover the costs of issuing the special
 42 24 license.  If the special license is extended beyond one year,
 42 25 an annual renewal fee shall be established in an amount
 42 26 sufficient to cover the costs of renewing the special license.
42 27 The board shall establish rules for granting and renewing a
 42 28 special license consistent with those for permanent licenses.
29	4.  Notwithstanding the provisions of chapter 17A, the
 42 30 board may cancel a special license at any time without
 42 31 hearing.  However, when such license is proposed to be
 42 32 canceled, the board shall promptly notify the licensee by
 42 33 certified mail sent to the last known address of the licensee.
 42 34 Thirty days after the service of such notice, the special
 42 35 license shall be canceled.
1	5.	4.	A special license issued under this section shall
43	2 automatically expire upon the special licensee discontinuing
43	3 service on the academic staff of a medical or osteopathic
 43  4 medical school in this state.	An expired special license
43	5 shall not be renewed.	However, a former special licensee may
43	6 reapply for a special license.
43	7	Sec. 55.	Section 148.12, Code Supplement 2007, is amended
43	8 to read as follows:
43	9	148.12	VOLUNTARY AGREEMENTS.
43 10	The board, after due notice and hearing, may issue an order
43 11 to revoke, suspend, or restrict a license to practice medicine
43 12 and surgery, or osteopathic medicine and surgery, or
 43 13 osteopathy, or to issue a restricted license on application if
43 14 the board determines that a physician licensed to practice
43 15 medicine and surgery, or osteopathic medicine and surgery, or
 43 16 osteopathy, or an applicant for licensure has entered into a
43 17 voluntary agreement to restrict the practice of medicine and
43 18 surgery, or osteopathic medicine and surgery, or osteopathy in
43 19 another state, district, territory, country, or an agency of
43 20 the federal government.	A certified copy of the voluntary
43 21 agreement shall be considered prima facie evidence.
43 22	Sec. 56.	NEW SECTION.	148.14	BOARD OF MEDICINE
43 23 INVESTIGATORS.
43 24	The board of medicine may appoint investigators, who shall
43 25 not be members of the board, and whose compensation shall be
43 26 determined pursuant to chapter 8A, subchapter IV.
43 27 Investigators appointed by the board have the powers and
43 28 status of peace officers when enforcing this chapter and
43 29 chapter 272C.
43 30	Sec. 57.	NEW SECTION.	148C.13	INVESTIGATORS FOR
43 31 PHYSICIAN ASSISTANTS.
43 32	1.	The board may appoint investigators, who shall not be
43 33 members of the board, to administer and aid in the enforcement
43 34 of the provisions of law relating to physician assistants.
35 The amount of compensation for the investigators shall be
1 determined pursuant to chapter 8A, subchapter IV.
44	2	2.	Investigators authorized by the board have the powers
44	3 and status of peace officers when enforcing this chapter and
44	4 chapters 147 and 272C.
44	5	Sec. 58.	Section 151.2, subsection 1, Code Supplement
44	6 2007, is amended to read as follows:
44	7	1.	Licensed physicians and surgeons, licensed osteopaths,
 44  8 and licensed osteopaths and surgeons, osteopathic physicians
 44  9 and surgeons, and physical therapists who are exclusively
44 10 engaged in the practice of their respective professions.
44 11	Sec. 59.	Section 151.3, Code Supplement 2007, is amended
44 12 to read as follows:
44 13	151.3	LICENSE.
44 14	Every applicant for a license to practice chiropractic
44 15 shall do all of the following:
44 16	1.	Present satisfactory evidence that the applicant
44 17 possesses a preliminary education equal to the requirements
44 18 for graduation from an accredited high school or other
44 19 secondary school.
44 20	2.	Present a diploma issued by a college of chiropractic
44 21 approved by the board.
44 22	3.	Pass an examination prescribed by the board in the
 44 23 subjects of anatomy, physiology, nutrition and dietetics,
 44 24 symptomatology and diagnosis, hygiene and sanitation,
 44 25 chemistry, histology, pathology, and principles and practice
 44 26 of chiropractic, including a clinical demonstration of

 44 27 vertebral palpation, nerve tracing, and adjusting.
44 28	Sec. 60.	Section 151.4, Code Supplement 2007, is amended
44 29 to read as follows:
44 30	151.4	APPROVED COLLEGE.
44 31	1.	A college of chiropractic shall not be approved by the
44 32 board as a college of recognized standing unless the college:
44 33	a.  Requires requires for graduation or for the receipt of
44 34 any chiropractic degree the completion of a course of study
35 covering a period of four academic years totaling not less
 45  1 than four thousand sixty=minute hours in actual resident
 45  2 attendance.
3	b.  Gives an adequate course of study in the subjects
 45  4 enumerated in subsection 3 of section 151.3 and including
 45  5 practical clinical instruction.
45	6	c.  Publishes in a regularly issued catalogue the
 45  7 requirements for graduation and degrees as herein specified.
45	8	2.	An approved college of chiropractic may include but is
45	9 not limited to offerings of courses of study in procedures for
45 10 withdrawing a patient's blood, performing or utilizing
45 11 laboratory tests, and performing physical examinations for
45 12 diagnostic purposes.	A chiropractor, employed by an approved
45 13 college of chiropractic and who has been trained to withdraw
45 14 blood may withdraw blood and instruct, and supervise a student
45 15 in the withdrawing of blood.
45 16	Sec. 61.	Section 151.5, Code 2007, is amended to read as
45 17 follows:
45 18	151.5	OPERATIVE SURGERY == DRUGS.
45 19	A license to practice chiropractic shall not authorize the
45 20 licensee to practice operative surgery, osteopathy, nor or
45 21 administer or prescribe any drug or medicine included in
 45 22 materia medica prescription drugs or controlled substances
 45 23 which can only be prescribed by persons authorized by law.
45 24	Sec. 62.	Section 151.8, subsection 1, Code Supplement
45 25 2007, is amended to read as follows:
45 26	1.	A chiropractor shall not use in the chiropractor's
45 27 practice the procedures otherwise authorized by law unless the
45 28 chiropractor has received training in their use by a college
45 29 of chiropractic offering courses of instructions approved by
45 30 the board or by curriculum taught on a postgraduate level
 45 31 approved by the board.
45 32	Sec. 63.	Section 151.9, subsection 8, Code 2007, is
45 33 amended to read as follows:
45 34	8.	Willful or repeated violations of the provisions of
35 this Act chapter or chapter 272C.
1	Sec. 64.	Section 151.12, Code Supplement 2007, is amended
46	2 to read as follows:
46	3	151.12	TEMPORARY CERTIFICATE.
46	4	1.	The board may, in its discretion, issue a temporary
46	5 certificate for one year authorizing the certificate holder to
46	6 practice chiropractic if, in the opinion of the board, a need
46	7 exists and the person possesses the qualifications prescribed
46	8 by the board for the certificate, which shall be substantially
46	9 equivalent to those required for licensure under this chapter.
46 10 The board shall determine in each instance those eligible for
 46 11 this certificate, whether or not examinations shall be given,
 46 12 the type of examinations, and the duration of the certificate.
46 13 No requirements of the law pertaining to regular permanent
46 14 licensure are mandatory for this the temporary certificate
46 15 except as specifically designated by the board.	The granting
46 16 of a temporary certificate does not in any way indicate that
46 17 the person is eligible for regular licensure or that the board
46 18 is obligated to issue the person a regular license.
46 19	2.	The temporary certificate shall be issued for one year
 46 20 and at the discretion of the board may be renewed, but a
 46 21 person shall not practice chiropractic in excess of three
 46 22 years while holding a temporary certificate.  The fee for this
 46 23 certificate shall be set by the board, and if extended beyond
 46 24 one year, a renewal fee per year shall be set by the board.
46 25 The fee for the temporary certificate shall be based on the
46 26 administrative costs of issuing the certificates.
46 27	Sec. 65.	Section 154D.1, Code Supplement 2007, is amended
46 28 by adding the following new subsections:
46 29	NEW SUBSECTION.	7.	"Temporary license" means a license to
46 30 practice marital and family therapy or mental health
46 31 counseling under direct supervision of a qualified supervisor
46 32 as determined by the board by rule to fulfill the postgraduate
46 33 supervised clinical experience requirement in accordance with
46 34 this chapter.
35	NEW SUBSECTION.	8.	"Temporary licensed marital and family
1 therapist" means a person licensed to practice marital and
47	2 family therapy under supervision in accordance with section

47	3 154D.7.
47	4	NEW SUBSECTION.	9.	"Temporary licensed mental health
47	5 counselor" means a person licensed to practice mental health
47	6 counseling under supervision in accordance with section 47	7 154D.7.
47	8	Sec. 66.	Section 154D.2, Code 2007, is amended to read as
47	9 follows:
47 10	154D.2	LICENSURE == MARITAL AND FAMILY THERAPY == MENTAL
47 11 HEALTH COUNSELING.
47 12	1.	An applicant for a license to practice marital and
47 13 family therapy or mental health counseling shall be granted a
47 14 license by the board when the applicant satisfies all of the
47 15 following requirements:
47 16	a.	1.	Possesses a master's degree in marital and family
47 17 therapy or mental health counseling, as applicable, consisting
47 18 of at least forty=five credit sixty semester hours, or its
47 19 equivalent, from a nationally accredited institution or from a
47 20 program approved by the board.
47 21	b.	2.	Has at least two years of supervised clinical
47 22 experience or its equivalent as approved by the board.
47 23 Standards for supervision, including the required
47 24 qualifications for supervisors, shall be determined by the
47 25 board by rule.
47 26	c.	3.	Passes an examination administered approved by the
47 27 board.
47 28	d.  Has not failed the examination required in paragraph
 47 29 "c" within six months of the date of the current application.
47 30	2.  An applicant for a license to practice mental health
 47 31 counseling shall be granted a license by the board when the
 47 32 applicant satisfies all of the following requirements:
33	a.  Possesses a master's degree in counseling consisting of
 47 34 at least forty=five credit hours, or its equivalent, from a
 47 35 nationally accredited institution or from a program approved
 48  1 by the board.
2	b.  Has at least two years of supervised clinical
 48  3 experience or its equivalent in assessing mental health needs
 48  4 and problems and in providing appropriate mental health
 48  5 services as approved by the board.  Standards for supervision,
 48  6 including the required qualifications for supervisors, shall
 48  7 be determined by the board by rule.
48	8	c.  Passes an examination administered by the board.
48	9	Sec. 67.	Section 154D.3, Code 2007, is amended to read as
48 10 follows:
48 11	154D.3	BOARD ORGANIZATION AND AUTHORITY.
48 12	1.	In addition to duties and responsibilities provided in
48 13 chapters 147 and 272C, the board shall adopt rules relating 48 14 to:
48 15	a.	Standards required for licensees engaging in the
48 16 professions covered by this chapter.
48 17	b.	Standards for professional conduct of persons licensed
48 18 under this chapter.
48 19	c.	The administration of this chapter.
48 20	d.	The status of active and inactive licensure, and
48 21 guidelines for reentry of inactive licensees.
48 22	e.	Educational activities which fulfill continuing
48 23 education requirements for license renewals.
24	2.  A separate subcommittee is established within the board
 48 25 for each of the professions under the board's jurisdiction.
 48 26 The chairperson of the board shall appoint to the subcommittee
 48 27 for each profession those members of the board who represent
 48 28 that profession.  The chairperson shall appoint two of the
 48 29 public members of the board to serve on a subcommittee.  Each
 48 30 subcommittee shall, by majority vote, rule on all license
 48 31 applications within the subcommittee's assigned profession,
 48 32 approve and administer the grading of the examination given to
 48 33 applicants for licenses to practice that profession, and
 48 34 otherwise coordinate the board's administration of all matters
 48 35 pertinent to regulation of the practice of the profession.
1	3.	2.  The board may establish subcommittees.	A decision
49	2 or recommendation of a subcommittee shall not become effective
49	3 without approval of the board.	The board may initiate action
49	4 relating to either of the professions within its jurisdiction.
49	5	4.  Members attending meetings of the board's subcommittees
 49  6 shall be reimbursed on the same basis as members attending
 49  7 board meetings up to a maximum of six subcommittee meetings
 49  8 per calendar year.
49	9	Sec. 68.	Section 154D.4, subsection 2, paragraph b, Code
49 10 2007, is amended to read as follows:
49 11	b.	A person who practices marital and family therapy or
49 12 mental health counseling under the supervision of a person
49 13 licensed under this chapter as part of a clinical experience

49 14 as described in section 154D.2, subsection 1, paragraph "b",
 49 15 or section 154D.2, subsection 2, paragraph "b" 2.
49 16	Sec. 69.	Section 154D.5, Code 2007, is amended to read as
49 17 follows:
49 18	154D.5	SEXUAL CONDUCT WITH CLIENT.
49 19	1.	The license of a marital and family therapist or a
49 20 mental health counselor shall be revoked if the board finds
49 21 that the licensee engaged in sexual activity or genital
 49 22 contact with a client while acting or purporting to act within
 49 23 the licensee's scope of practice, whether or not the client
 49 24 consented to the sexual activity or genital contact as
 49 25 determined by board rule.
49 26	2.	The revocation shall be in addition to any other
49 27 penalties provided by law.
49 28	Sec. 70.	NEW SECTION.	154D.7	TEMPORARY LICENSE ==
49 29 MARITAL AND FAMILY THERAPY == MENTAL HEALTH COUNSELING ==
49 30 FEES.
49 31	Any person who has fulfilled all of the requirements for
49 32 licensure under this chapter, except for having completed the
49 33 postgraduate supervised clinical experience requirement as
49 34 determined by the board by rule, may apply to the board for a
35 temporary license.	The license shall be designated "temporary
1 license in marital and family therapy" or "temporary license
50	2 in mental health counseling" and shall authorize the licensee
50	3 to practice marital and family therapy or mental health
50	4 counseling under the supervision of a qualified supervisor as
50	5 determined by the board by rule.	The license shall be valid
50	6 for three years and may be renewed at the discretion of the
50	7 board.	The fee for a temporary license shall be set by the
50	8 board to cover the administrative costs of issuing the
50	9 license, and if renewed, a renewal fee as set by the board
50 10 shall be required.
50 11	Sec. 71.	NEW SECTION.	154F.1	DEFINITIONS.
50 12	As used in this chapter, unless the context otherwise
50 13 requires:
50 14	1.	"Audiologist" means a person who engages in the
50 15 practice of audiology.
50 16	2.	"Board" means the board of speech pathology and
50 17 audiology established pursuant to section 147.14, subsection
50 18 9.
50 19	3.	The "practice of audiology" means the application of
50 20 principles, methods, and procedures for measurement, testing,
50 21 evaluation, prediction, consultation, counseling, instruction,
50 22 habilitation, rehabilitation, or remediation related to
50 23 hearing and disorders of hearing and associated communication
50 24 disorders for the purpose of nonmedically evaluating,
50 25 identifying, preventing, ameliorating, modifying, or
50 26 remediating such disorders and conditions in individuals or
50 27 groups of individuals, including the determination and use of
50 28 appropriate amplification.
50 29	4.	The "practice of speech pathology" means the
50 30 application of principles, methods, and procedures for the
50 31 measurement, testing, evaluation, prediction, consultation,
50 32 counseling, instruction, habilitation, rehabilitation, or
50 33 remediation related to the development and disorders of
50 34 speech, fluency, voice, or language for the purposes of
35 nonmedically evaluating, preventing, ameliorating, modifying,
1 or remediating such disorders and conditions in individuals or
51	2 groups of individuals.
51	3	5.	"Speech pathologist" means a person who engages in the
51	4 practice of speech pathology.
51	5	Sec. 72.	NEW SECTION.	154F.2	APPLICABILITY.
51	6	1.	Nothing contained in this chapter shall be construed to
51	7 apply to:
51	8	a.	Licensed physicians and surgeons, licensed osteopathic
51	9 physicians and surgeons, licensed physician assistants and
51 10 registered nurses acting under the supervision of a physician,
51 11 persons conducting hearing tests under the direct supervision
51 12 of a licensed physician and surgeon, licensed osteopathic
51 13 physician and surgeon, or students of medicine or surgery or
51 14 osteopathic medicine and surgery pursuing a course of study in
51 15 a medical school or college of osteopathic medicine and
51 16 surgery approved by the board of medicine while performing
51 17 functions incidental to their course of study.
51 18	b.	Hearing aid fitting, the dispensing or sale of hearing
51 19 aids, and the providing of hearing aid service and maintenance
51 20 by a hearing aid dispenser or holder of a temporary permit as
51 21 defined and licensed under chapter 154A.
51 22	c.	Students enrolled in an accredited college or
51 23 university pursuing a course of study leading to a degree in
51 24 speech pathology or audiology while receiving clinical

51 25 training as a part of the course of study and acting under the
51 26 supervision of a licensed speech pathologist or audiologist
51 27 provided they use the title "trainee" or similar title clearly
51 28 indicating training status.
51 29	d.	Nonprofessional aides who perform their services under
51 30 the supervision of a speech pathologist or audiologist as
51 31 appropriate and who meet such qualifications as may be
51 32 established by the board for aides if they use the title
51 33 "aide", "assistant", "technician", or other similar title
51 34 clearly indicating their status.
35	e.	Audiometric tests administered pursuant to the United
1 States Occupational Safety and Health Act of 1970 or chapter
52	2 88, and in accordance with regulations issued thereunder, by
52	3 employees of a person engaged in business, including the state
52	4 of Iowa, its various departments, agencies, and political
52	5 subdivisions, solely to employees of such employer, while
52	6 acting within the scope of their employment.
52	7	f.	Persons certified by the department of education as
52	8 speech clinicians or hearing clinicians and employed by a
52	9 school district or area education agency while acting within
52 10 the scope of their employment.
52 11	2.	A person exempted from the provisions of this chapter
52 12 by this section shall not use the title "speech pathologist"
52 13 or "audiologist" or any title or device indicating or
52 14 representing in any manner that the person is a speech
52 15 pathologist or is an audiologist; provided, a hearing aid
52 16 dispenser licensed under chapter 154A may use the title
52 17 "certified hearing aid audiologist" when granted by the
52 18 national hearing aid society; and provided, persons who meet
52 19 the requirements of section 154F.3, subsection 1, who are
52 20 certified by the department of education as speech clinicians
52 21 may use the title "speech pathologist" and persons who meet
52 22 the requirements of section 154F.3, subsection 2, who are
52 23 certified by the department of education as hearing clinicians
52 24 may use the title "audiologist", while acting within the scope
52 25 of their employment.
52 26	Sec. 73.	NEW SECTION.	154F.3	REQUIREMENTS FOR LICENSE.
52 27	Each applicant for a license as a speech pathologist or
52 28 audiologist shall meet all of the following requirements:
52 29	1.	For a license as a speech pathologist:
52 30	a.	Possess a master's degree from an accredited school,
52 31 college, or university with a major in speech pathology.
52 32	b.	Show evidence of completion of not less than four
52 33 hundred hours of supervised clinical training in speech
52 34 pathology as a student in an accredited school, college, or
35 university.
1	c.	Show evidence of completion of not less than nine
53	2 months clinical experience under the supervision of a licensed
53	3 speech pathologist following the receipt of the master's
53	4 degree.
53	5	2.	For a license as an audiologist:
53	6	a.	Possess a master's degree from an accredited school,
53	7 college, or university with a major in audiology.
53	8	b.	Show evidence of completion of not less than four
53	9 hundred hours of supervised clinical training in audiology as
53 10 a student in an accredited school, college, or university.
53 11	c.	Show evidence of completion of not less than nine
53 12 months clinical experience under the supervision of a licensed
53 13 audiologist following the receipt of the master's degree.
53 14	d.	In lieu of paragraphs "a" through "c", hold a doctoral
53 15 degree in audiology from an accredited school, college, or
53 16 university which incorporates the academic coursework and the
53 17 minimum hours of supervised training required by rules adopted
53 18 by the board.
53 19	3.	Pass an examination as determined by the board in rule.
53 20	Sec. 74.	NEW SECTION.	154F.4	WAIVER OF EXAMINATION
53 21 REQUIREMENT.
53 22	The examinations required in section 154F.3, subsection 3,
53 23 may be waived by the board for holders by examination of
53 24 licenses or certificates from states whose requirements are
53 25 substantially equivalent to those of this chapter.
53 26	Sec. 75.	NEW SECTION.	154F.5	TEMPORARY CLINICAL LICENSE
53 27 == FEE.
53 28	Any person who has fulfilled all of the requirements for
53 29 licensure under this chapter, except for having completed the
53 30 nine months clinical experience requirement as provided in
53 31 section 154F.3, subsection 1 or 2, may apply to the board for
53 32 a temporary clinical license.	The license shall be designated
53 33 "temporary clinical license in speech pathology" or "temporary
53 34 clinical license in audiology" and shall authorize the
53 35 licensee to practice speech pathology or audiology under the

54	1 supervision of a licensed speech pathologist or licensed
54	2 audiologist, as appropriate.	The license shall be valid for
54	3 one year and may be renewed at the discretion of the board.
54	4 The fee for a temporary clinical license shall be set by the
54	5 board to cover the administrative costs of issuing the
54	6 license, and if renewed, a renewal fee as set by the board
54	7 shall be required.	A temporary clinical license shall be
54	8 issued only upon evidence satisfactory to the board that the
54	9 applicant will be supervised by a person licensed as a speech
54 10 pathologist or audiologist, as appropriate.
54 11	Sec. 76.	NEW SECTION.	154F.6	TEMPORARY PERMIT.
54 12	The board may, at its discretion, issue a temporary permit
54 13 to a nonresident authorizing the permittee to practice speech
54 14 pathology or audiology in this state for a period not to
54 15 exceed three months whenever, in the opinion of the board, a
54 16 need exists and the permittee, in the opinion of the board,
54 17 possesses the necessary qualifications which shall be
54 18 substantially equivalent to those required for licensure by
54 19 this chapter.
54 20	Sec. 77.	Section 155A.26, Code Supplement 2007, is amended
54 21 to read as follows:
54 22	155A.26	ENFORCEMENT == AGENTS AS PEACE OFFICERS.
54 23	The board, its officers, agents, inspectors, and
54 24 representatives, and all peace officers within the state, and
54 25 all county attorneys shall enforce all provisions of this
54 26 chapter, except those specifically delegated, and shall
54 27 cooperate with all agencies charged with the enforcement of
54 28 the laws of the United States, of this state, and of all other
54 29 states relating to prescription drugs.	Officers, agents,
54 30 inspectors, and representatives of the board shall have the
54 31 powers and status of peace officers when enforcing the
54 32 provisions of this chapter and chapters 124, 126, and 205.
 54 33 Officers, agents, inspectors, and representatives of the board
 54 34 of pharmacy may:
35	1.  Administer oaths, acknowledge signatures, and take
 55  1 testimony.
2	2.  Make audits of the supply and inventory of controlled
 55  3 substances and prescription drugs in the possession of any and
 55  4 all individuals or institutions authorized to have possession
 55  5 of any controlled substances or prescription drugs.
55	6	3.  Conduct routine and unannounced inspections of
 55  7 pharmacies, drug wholesalers, and the offices or business
 55  8 locations of all individuals and institutions authorized to
 55  9 have possession of prescription drugs including controlled
 55 10 substances or prescription devices.
55 11	4.  Conduct inspections and investigations related to the
 55 12 practice of pharmacy and the distribution of prescription
 55 13 drugs and devices in this state.
55 14	5.  Seize controlled or counterfeit substances or articles
 55 15 used in the manufacture or sale of controlled or counterfeit
 55 16 substances which they have reasonable grounds to believe are
 55 17 held in violation of law.
55 18	6.  Seize prescription medications which they believe are
 55 19 held in violation of law.
55 20	7.  Perform other duties as specifically authorized or
 55 21 mandated by law or rule.
55 22	Sec. 78.	Sections 147.29, 147.30, 147.43, 147.51, 147.52,
55 23 147.54, 147.58 through 147.71, 147.75, 147.90, 147.104, and
55 24 147.153 through 147.156, Code 2007, are repealed.
55 25	Sec. 79.	Sections 147.18, 147.26, 147.35, 147.39, 147.40
55 26 through 147.42, 147.45 through 147.47, 147.50, 147.94 through
55 27 147.96, 147.98 through 147.100, 147.102, 147.103, 147.103A,
55 28 147.151, 147.152, 148.4, 152C.8, and 154D.6, Code Supplement
55 29 2007, are repealed.
55 30	Sec. 80.	Chapters 150 and 150A, Code and Code Supplement
55 31 2007, are repealed.
55 32	DIVISION II
55 33	COORDINATING AMENDMENTS
55 34	Sec. 81.	Section 85B.9, subsection 2, Code 2007, is
35 amended to read as follows:
1	2.	Audiometric examinations shall be administered by
56	2 persons who are certified by the council for accreditation in
56	3 occupational hearing conservation or by persons licensed as
56	4 audiologists under chapter 147 154F, or as physicians or
 56  5 osteopathic physicians and surgeons under chapter 148, as
 56  6 osteopathic physicians under chapter 150, or as osteopathic
 56  7 physicians and surgeons under chapter 150A, provided the
56	8 licensed persons are trained in audiometry.
56	9	Sec. 82.	Section 124.555, subsection 1, Code Supplement
56 10 2007, is amended to read as follows:
56 11	1.	The council shall consist of eight members appointed by

56 12 the governor.	The members shall include three licensed
56 13 pharmacists, four physicians licensed under chapter 148, 150,
 56 14 or 150A, and one licensed prescribing practitioner who is not
56 15 a physician.	The governor shall solicit recommendations for
56 16 council members from Iowa health professional licensing
56 17 boards, associations, and societies.	The license of each
56 18 member appointed to and serving on the advisory council shall
56 19 be current and in good standing with the professional's
56 20 licensing board.
56 21	Sec. 83.	Section 135.11, subsection 15, Code Supplement
56 22 2007, is amended to read as follows:
56 23	15.	Establish standards for, issue permits for, and
56 24 exercise control over the distribution of venereal disease
56 25 prophylactics distributed by methods not under the direct
56 26 supervision of a physician licensed under chapter 148, 150, or
 56 27 150A, or a pharmacist licensed under chapter 147.	Any person
56 28 selling, offering for sale, or giving away any venereal
56 29 disease prophylactics in violation of the standards
56 30 established by the department shall be fined not exceeding
56 31 five hundred dollars, and the department shall revoke their
56 32 permit.
56 33	Sec. 84.	Section 135.24, subsection 2, paragraph d, Code
56 34 Supplement 2007, is amended to read as follows:
35	d.	Identification of the services to be provided under the
1 program.	The services provided may include, but shall not be
57	2 limited to, obstetrical and gynecological medical services,
57	3 psychiatric services provided by a physician licensed under
57	4 chapter 148, 150, or 150A, dental services provided under
57	5 chapter 153, or other services provided under chapter 147A,  57	6 148A, 148B, 148C, 149, 151, 152, 152B, 152E, 154, 154B, 154C,
57	7 154D, 154F, or 155A.
57	8	Sec. 85.	Section 135.24, subsection 6, paragraph d, Code
57	9 Supplement 2007, is amended to read as follows:
57 10	d.	"Health care provider" means a physician licensed under
57 11 chapter 148, 150, or 150A, a chiropractor licensed under
57 12 chapter 151, a physical therapist licensed pursuant to chapter
57 13 148A, an occupational therapist licensed pursuant to chapter
57 14 148B, a podiatrist licensed pursuant to chapter 149, a
57 15 physician assistant licensed and practicing under a
57 16 supervising physician pursuant to chapter 148C, a licensed
57 17 practical nurse, a registered nurse, or an advanced registered
57 18 nurse practitioner licensed pursuant to chapter 152 or 152E, a
57 19 respiratory therapist licensed pursuant to chapter 152B, a
57 20 dentist, dental hygienist, or dental assistant registered or
57 21 licensed to practice under chapter 153, an optometrist
57 22 licensed pursuant to chapter 154, a psychologist licensed
57 23 pursuant to chapter 154B, a social worker licensed pursuant to
57 24 chapter 154C, a mental health counselor or a marital and
57 25 family therapist licensed pursuant to chapter 154D, a
57 26 pharmacist licensed pursuant to chapter 155A, or an emergency
57 27 medical care provider certified pursuant to chapter 147A.
57 28	Sec. 86.	Section 135.61, subsection 10, Code 2007, is
57 29 amended to read as follows:
57 30	10.	"Health care provider" means a person licensed or
57 31 certified under chapter 147, 148, 148A, 148C, 149, 150, 150A,
57 32 151, 152, 153, 154, 154B, 154F, or 155A to provide in this
57 33 state professional health care service to an individual during
57 34 that individual's medical care, treatment or confinement.
35	Sec. 87.	Section 135.105D, subsection 1, paragraph c, Code
1 Supplement 2007, is amended to read as follows:
58	2	c.	"Health care provider" means a physician who is
58	3 licensed under chapter 148, 150, or 150A, or a person who is
58	4 licensed as a physician assistant under chapter 148C or as an
58	5 advanced registered nurse practitioner.
58	6	Sec. 88.	Section 135B.7, unnumbered paragraph 2, Code
58	7 2007, is amended to read as follows:
58	8	The rules shall state that a hospital shall not deny
58	9 clinical privileges to physicians and surgeons, podiatric
58 10 physicians, osteopaths, osteopathic physicians and surgeons,
58 11 dentists, certified health service providers in psychology,
58 12 physician assistants, or advanced registered nurse
58 13 practitioners licensed under chapter 148, 148C, 149, 150,
 58 14 150A, 152, or 153, or section 154B.7, solely by reason of the
58 15 license held by the practitioner or solely by reason of the
58 16 school or institution in which the practitioner received
58 17 medical schooling or postgraduate training if the medical
58 18 schooling or postgraduate training was accredited by an
58 19 organization recognized by the council on postsecondary
58 20 accreditation or an accrediting group recognized by the United
58 21 States department of education.	A hospital may establish
58 22 procedures for interaction between a patient and a

58 23 practitioner.	The rules shall not prohibit a hospital from
58 24 limiting, restricting, or revoking clinical privileges of a
58 25 practitioner for violation of hospital rules, regulations, or
58 26 procedures established under this paragraph, when applied in
58 27 good faith and in a nondiscriminatory manner.	This paragraph
58 28 shall not require a hospital to expand the hospital's current
58 29 scope of service delivery solely to offer the services of a
58 30 class of providers not currently providing services at the
58 31 hospital.	This section shall not be construed to require a
58 32 hospital to establish rules which are inconsistent with the
58 33 scope of practice established for licensure of practitioners
58 34 to whom this paragraph applies.	This section shall not be
35 construed to authorize the denial of clinical privileges to a
1 practitioner or class of practitioners solely because a
59	2 hospital has as employees of the hospital identically licensed
59	3 practitioners providing the same or similar services.
59	4	Sec. 89.	Section 135C.40, subsection 3, Code 2007, is
59	5 amended to read as follows:
59	6	3.	No health care facility shall be cited for any
59	7 violation caused by any practitioner licensed pursuant to
59	8 chapter 148, 150 or 150A if that practitioner is not the
59	9 licensee of and is not otherwise financially interested in the
59 10 facility, and the licensee or the facility presents evidence
59 11 that reasonable care and diligence have been exercised in
59 12 notifying the practitioner of the practitioner's duty to the
59 13 patients in the facility.
59 14	Sec. 90.	Section 135H.1, subsection 7, Code 2007, is
59 15 amended to read as follows:
59 16	7.	"Physician" means a person licensed under chapter 148
59 17 or 150A.
59 18	Sec. 91.	Section 135J.1, subsection 6, paragraph a, Code
59 19 2007, is amended to read as follows:
59 20	a.	A licensed physician pursuant to chapter 148, 150, or
 59 21 150A.
59 22	Sec. 92.	Section 141A.1, subsection 8, Code Supplement
59 23 2007, is amended to read as follows:
59 24	8.	"Health care provider" means a person licensed to
59 25 practice medicine and surgery, osteopathic medicine and
59 26 surgery, osteopathy, chiropractic, podiatry, nursing,
59 27 dentistry, or optometry, or as a physician assistant, dental
59 28 hygienist, or acupuncturist.
59 29	Sec. 93.	Section 142C.7, Code Supplement 2007, is amended
59 30 to read as follows:
59 31	142C.7	CONFIDENTIAL INFORMATION.
59 32	A hospital, licensed or certified health care professional
59 33 pursuant to chapter 148, 148C, 150A, or 152, or medical
59 34 examiner may release patient information to a procurement
35 organization as part of a referral or retrospective review of
1 the patient as a potential donor.	Any information regarding a
60	2 patient, including the patient's identity, however,
60	3 constitutes confidential medical information and under any
60	4 other circumstances is prohibited from disclosure without the
60	5 written consent of the patient or the patient's legal
60	6 representative.
60	7	Sec. 94.	Section 144.29A, subsection 7, Code 2007, is
60	8 amended to read as follows:
60	9	7.	For the purposes of this section, "health care
60 10 provider" means an individual licensed under chapter 148,
60 11 148C, 148D, 150, 150A, or 152, or any individual who provides
60 12 medical services under the authorization of the licensee.
60 13	Sec. 95.	Section 147.106, subsection 8, paragraph b, Code
60 14 2007, is amended to read as follows:
60 15	b.	"Physician" means any person licensed to practice
60 16 medicine and surgery, or osteopathic medicine and surgery, or
 60 17 osteopathy in this state or in another state.
60 18	Sec. 96.	Section 147.108, subsections 1 and 2, Code
60 19 Supplement 2007, are amended to read as follows:
60 20	1.	A person shall not dispense or adapt contact lenses
60 21 without first receiving authorization to do so by a written,
60 22 electronic, or facsimile prescription, except when authorized
60 23 orally under subsection 2, from a person licensed under
60 24 chapter 148, 150, 150A, or 154.	The board of optometry shall
60 25 adopt rules relating to electronic or facsimile transmission
60 26 of a prescription under this section.
60 27	2.	After contact lenses have been adequately adapted and
60 28 the patient released from initial follow=up care by a person
60 29 licensed under chapter 148, 150, 150A, or 154, the patient may
60 30 request a copy, at no cost, of the contact lens prescription
60 31 from that licensed person.	A person licensed under chapter
60 32 148, 150, 150A, or 154 shall not withhold a contact lens
60 33 prescription after the requirements of this section have been

60 34 met.	The prescription, at the option of the prescriber, may
35 be given orally only to a person who is actively practicing
1 and licensed under chapter 148, 150, 150A, 154, or 155A.	The
61	2 contact lens prescription shall contain an expiration date, at
61	3 the discretion of the prescriber, but not to exceed eighteen
61	4 months.	The contact lens prescription shall contain the
61	5 necessary requirements of the ophthalmic lens, and the
61	6 prescription validation requirements as defined by rules
61	7 adopted pursuant to this section.	The prescription may
61	8 contain adapting and material guidelines and may also contain
61	9 specific instructions for use by the patient.	For the purpose
61 10 of this section, "ophthalmic lens" means one which has been
61 11 fabricated to fill the requirements of a particular contact
61 12 lens prescription.
61 13	Sec. 97.	Section 147.109, subsections 1, 2, and 3, Code
61 14 Supplement 2007, are amended to read as follows:
61 15	1.	A person shall not dispense or adapt an ophthalmic
61 16 spectacle lens or lenses without first receiving authorization
61 17 to do so by a written, electronic, or facsimile prescription
61 18 from a person licensed under chapter 148, 150, 150A, or 154.
61 19 For the purpose of this section, "ophthalmic spectacle lens"
61 20 means one which has been fabricated to fill the requirements
61 21 of a particular spectacle lens prescription.	The board of
61 22 optometry shall adopt rules relating to electronic or
61 23 facsimile transmission of a prescription under this section.
61 24	2.	Upon completion of an eye examination, a person
61 25 licensed under chapter 148, 150, 150A, or 154 shall furnish
61 26 the patient a copy of their ophthalmic spectacle lens
61 27 prescription at no cost.	The ophthalmic spectacle lens
61 28 prescription shall contain an expiration date.	The ophthalmic
61 29 spectacle lens prescription shall contain the requirements of
61 30 the ophthalmic spectacle lens and the prescription validation
61 31 requirements as defined by rules adopted pursuant to this
61 32 section.	The prescription, at the option of the prescriber,
61 33 may contain adapting and material guidelines and may also
61 34 contain specific instructions for use by the patient.
35	3.	Upon request of a patient, a person licensed under
1 chapter 148, 150, 150A, or 154 shall provide the prescription
62	2 of the patient, if the prescription has not expired, at no
62	3 cost to another person licensed under chapter 148, 150, 150A,
62	4 or 154.	The person licensed under chapter 148, 150, 150A, or
62	5 154 shall accept the prescription and shall not require the
62	6 patient to undergo an eye examination unless, due to
62	7 observation or patient history, the licensee has reason to
62	8 require an examination.
62	9	Sec. 98.	Section 147.139, Code 2007, is amended to read as
62 10 follows:
62 11	147.139	EXPERT WITNESS STANDARDS.
62 12	If the standard of care given by a physician and surgeon or
 62 13 an osteopathic physician and surgeon licensed pursuant to
62 14 chapter 148, or osteopathic physician and surgeon licensed
 62 15 pursuant to chapter 150A, or a dentist licensed pursuant to
62 16 chapter 153, is at issue, the court shall only allow a person
62 17 to qualify as an expert witness and to testify on the issue of
62 18 the appropriate standard of care if the person's medical or
62 19 dental qualifications relate directly to the medical problem
62 20 or problems at issue and the type of treatment administered in
62 21 the case.
62 22	Sec. 99.	Section 147A.1, subsection 9, Code 2007, is
62 23 amended to read as follows:
62 24	9.	"Physician" means an individual licensed under chapter 62 25 148, 150, or 150A.
62 26	Sec. 100.	Section 148A.3, subsections 1 and 4, Code 2007,
62 27 are amended to read as follows:
62 28	1.	Licensed physicians and surgeons, osteopaths,
62 29 osteopathic physicians and surgeons, podiatric physicians,
62 30 chiropractors, nurses, dentists, cosmetologists, and barbers,
62 31 who are engaged in the practice of their respective
62 32 professions.
62 33	4.	Nonprofessional workers not held out as physical
62 34 therapists who are employed in hospitals, clinics, offices or
35 health care facilities as defined in section 135C.1 working
1 under the supervision and direction of a physical therapist or
63	2 physician licensed pursuant to chapter 148, 150 or 150A.
63	3	Sec. 101.	Section 152.1, subsection 3, Code Supplement
63	4 2007, is amended to read as follows:
63	5	3.	"Physician" means a person licensed in this state to
63	6 practice medicine and surgery, osteopathy osteopathic medicine
63	7 and surgery, or osteopathy, or a person licensed in this state
63	8 to practice dentistry or podiatry when acting within the scope
63	9 of the license.	A physician licensed to practice medicine and

63 10 surgery, or osteopathic medicine and surgery, or osteopathy in
63 11 a state bordering this state shall be considered a physician
63 12 for purposes of this chapter unless previously determined to
63 13 be ineligible for such consideration by the board of medicine.
63 14	Sec. 102.	Section 152.1, subsection 5, paragraph a, Code
63 15 Supplement 2007, is amended to read as follows:
63 16	a.	The practice of medicine and surgery and the practice
 63 17 of osteopathic medicine and surgery, as defined in chapter
63 18 148, the osteopathic practice, as defined in chapter 150, the
 63 19 practice of osteopathic medicine and surgery, as defined in
 63 20 chapter 150A, or the practice of pharmacy as defined in
63 21 chapter 155A, except practices which are recognized by the
63 22 medical and nursing professions and approved by the board as
63 23 proper to be performed by a registered nurse.
63 24	Sec. 103.	Section 152.8, unnumbered paragraph 1, Code
63 25 2007, is amended to read as follows:
63 26	Notwithstanding the provisions of sections 147.44 through
63 27 147.54 147.50, and 147.53, the following shall apply regarding
63 28 applicants for nurse licensure possessing a license from
63 29 another state:
63 30	Sec. 104.	Section 152.10, subsection 1, Code 2007, is
63 31 amended to read as follows:
63 32	1.	Notwithstanding sections 147.87 to 147.89 and in
 63 33 addition to the provisions of sections 147.58 to 147.71, the
63 34 board may restrict, suspend, or revoke a license to practice
35 nursing or place the licensee on probation.	The board may
1 also prescribe by rule conditions of license reinstatement.
64	2 The board shall prescribe rules of procedure by which to
64	3 restrict, suspend, or revoke a license.	These procedures
64	4 shall conform to the provisions of chapter 17A.
64	5	Sec. 105.	Section 152.12, Code 2007, is amended to read as
64	6 follows:
64	7	152.12	EXAMINATION INFORMATION.
64	8	Notwithstanding section 147.21, subsection 3, individual
64	9 pass or fail examination results made available from the
64 10 authorized national testing agency may be disclosed to the
64 11 appropriate licensing authority in another state, the District
64 12 of Columbia, or a territory or county, and the board=approved
64 13 education program, for purposes of verifying accuracy of
64 14 national data and determining program approval.
64 15	Sec. 106.	Section 154.1, subsections 3 and 4, Code
64 16 Supplement 2007, are amended to read as follows:
64 17	3.	Diagnostically certified licensed optometrists may
64 18 employ cycloplegics, mydriatics, and topical anesthetics as
64 19 diagnostic agents topically applied to determine the condition
64 20 of the human eye for proper optometric practice or referral
64 21 for treatment to a person licensed under chapter 148, 150, or
 64 22 150A.	A diagnostically certified licensed optometrist is an
64 23 optometrist who is licensed to practice optometry in this
64 24 state and who is certified by the board to use diagnostic
64 25 agents.
64 26	4.	Therapeutically certified optometrists may employ all
64 27 diagnostic and therapeutic pharmaceutical agents for the
64 28 purpose of diagnosis and treatment of conditions of the human
64 29 eye and adnexa pursuant to this subsection, excluding the use
64 30 of injections other than to counteract an anaphylactic
64 31 reaction, and notwithstanding section 147.107, may without
64 32 charge supply any of the above pharmaceuticals to commence a
64 33 course of therapy.	Therapeutically certified optometrists may
64 34 prescribe oral steroids for a period not to exceed fourteen
35 days without consultation with a physician.	Therapeutically
1 certified optometrists shall not prescribe oral Imuran or oral
65	2 Methotrexate.	Therapeutically certified optometrists may be
65	3 authorized, where reasonable and appropriate, by rule of the
65	4 board, to employ new diagnostic and therapeutic pharmaceutical
65	5 agents approved by the United States food and drug
65	6 administration on or after July 1, 2002, for the diagnosis and
65	7 treatment of the human eye and adnexa.	The board shall not be
65	8 required to adopt rules relating to topical pharmaceutical
65	9 agents, oral antimicrobial agents, oral antihistamines, oral
65 10 antiglaucoma agents, and oral analgesic agents.	Superficial
65 11 foreign bodies may be removed from the human eye and adnexa.
65 12 The therapeutic efforts of a therapeutically certified
65 13 optometrist are intended for the purpose of examination,
65 14 diagnosis, and treatment of visual defects, abnormal
65 15 conditions, and diseases of the human eye and adnexa, for
65 16 proper optometric practice or referral for consultation or
65 17 treatment to persons licensed under chapter 148, 150, or 150A.
65 18 A therapeutically certified optometrist is an optometrist who
65 19 is licensed to practice optometry in this state and who is
65 20 certified by the board to use the agents and procedures

65 21 authorized pursuant to this subsection.
65 22	Sec. 107.	Section 154.10, Code Supplement 2007, is amended
65 23 to read as follows:
65 24	154.10	STANDARD OF CARE.
65 25	1.	A diagnostically certified licensed optometrist
65 26 employing diagnostic pharmaceutical agents as authorized by
65 27 section 154.1 shall be held to the same standard of care in
65 28 the use of such agents and in diagnosis as is common to
65 29 persons licensed under chapter 148, 150, or 150A in this
65 30 state.
65 31	2.	A therapeutically certified optometrist employing
65 32 pharmaceutical agents as authorized by section 154.1 shall be
65 33 held to the same standard of care in the use of such agents
65 34 and in diagnosis and treatment as is common to persons
35 licensed under chapter 148, 150, or 150A in this state.
1	Sec. 108.	Section 154B.2, Code 2007, is amended to read as
66	2 follows:
66	3	154B.2	PRACTICE NOT AUTHORIZED.
66	4	This chapter shall not authorize the practice of medicine
66	5 and surgery or the practice of osteopathic medicine and
 66  6 surgery by any person not licensed pursuant to chapter 148,
 66  7 the practice of osteopathy by any person not licensed pursuant
 66  8 to chapter 150, or the practice of osteopathic medicine and
 66  9 surgery by any person not licensed pursuant to chapter 150A.
66 10	Sec. 109.	Section 155.11, Code 2007, is amended to read as
66 11 follows:
66 12	155.11	RECIPROCITY WITH OTHER STATES.
66 13	The board may issue a nursing home administrator's license,
66 14 without examination, to any person who holds a current license
66 15 as a nursing home administrator from another jurisdiction if
66 16 reciprocal agreements are entered into with another
66 17 jurisdiction under sections 147.45 through 147.54 147.44,
 66 18 147.48, 147.49, and 147.53.
66 19	Sec. 110.	Section 156.9, subsection 1, Code Supplement
66 20 2007, is amended to read as follows:
66 21	1.	Notwithstanding section 147.87 and in addition to the
 66 22 provisions of sections 147.58 through 147.71, the board may
66 23 restrict, suspend, or revoke a license to practice mortuary
66 24 science or place a licensee on probation.	The board shall
66 25 adopt rules of procedure pursuant to chapter 17A by which to
66 26 restrict, suspend, or revoke a license.	The board may also
66 27 adopt rules pursuant to chapter 17A relating to conditions of
66 28 license reinstatement.
66 29	Sec. 111.	Section 157.13, subsection 1, paragraph b, Code
66 30 2007, is amended to read as follows:
66 31	b.	Notwithstanding section 157.12, when the licensee is
66 32 employed by a physician and provides cosmetology services at
66 33 the place of practice of a physician and is under the
34 supervision of a physician licensed to practice pursuant to 66 35 chapter 148, 150, or 150A.
1	Sec. 112.	Section 229.1, subsection 8, Code 2007, is
67	2 amended to read as follows:
67	3	8.	"Licensed physician" means an individual licensed under
67	4 the provisions of chapter 148, 150, or 150A to practice
67	5 medicine and surgery, osteopathy, or osteopathic medicine and
67	6 surgery.
67	7	Sec. 113.	Section 232.68, subsection 3, paragraph c, Code
67	8 2007, is amended to read as follows:
67	9	c.	"Physical examination" means direct physical viewing,
67 10 touching, and medically necessary manipulation of any area of
67 11 the child's body by a physician licensed under chapter 148 or
 67 12 150A.
67 13	Sec. 114.	Section 232.68, subsection 5, Code 2007, is
67 14 amended to read as follows:
67 15	5.	"Health practitioner" includes a licensed physician and
67 16 surgeon, osteopath, osteopathic physician and surgeon,
67 17 dentist, optometrist, podiatric physician, or chiropractor; a
67 18 resident or intern in any of such professions; a licensed
67 19 dental hygienist, a registered nurse or licensed practical
67 20 nurse; a physician assistant; and an emergency medical care
67 21 provider certified under section 147A.6.
67 22	Sec. 115.	Section 232.68, subsection 6, paragraph a, Code
67 23 2007, is amended to read as follows:
67 24	a.	Holds at least a master's degree in a mental health
67 25 field, including, but not limited to, psychology, counseling,
67 26 nursing, or social work; or is licensed to practice medicine
67 27 pursuant to chapter 148, 150, or 150A.
67 28	Sec. 116.	Section 272C.5, subsection 2, paragraph c, Code
67 29 Supplement 2007, is amended to read as follows:
67 30	c.	Shall state whether the procedures are an alternative
67 31 to or an addition to the procedures stated in sections 147.58

 67 32 through 147.71, 148.6 through 148.9, 152.10, 152.11, 153.33,
67 33 154A.23, 542.11, 542B.22, 543B.35, 543B.36, and 544B.16.
67 34	Sec. 117.	Section 280.16, subsection 1, paragraph b, Code
35 2007, is amended to read as follows:
1	b.	"Physician" means a person licensed under chapter 148,
68	2 150, or 150A, or a physician's assistant, advanced registered
68	3 nurse practitioner, or other person licensed or registered to
68	4 distribute or dispense a prescription drug or device in the
68	5 course of professional practice in this state in accordance
68	6 with section 147.107, or a person licensed by another state in
68	7 a health field in which, under Iowa law, licensees in this
68	8 state may legally prescribe drugs.
68	9	Sec. 118.	Section 321.34, subsection 14, Code Supplement
68 10 2007, is amended to read as follows:
68 11	14.	PERSONS WITH DISABILITIES SPECIAL PLATES.	An owner
68 12 referred to in subsection 12 or an owner of a trailer used to
68 13 transport a wheelchair who is a person with a disability, or
68 14 who is the parent or guardian of a child who resides with the
68 15 parent or guardian owner and who is a person with a
68 16 disability, as defined in section 321L.1, may, upon written
68 17 application to the department, order special registration
68 18 plates with a persons with disabilities processed emblem
68 19 designed by the department bearing the international symbol of
68 20 accessibility.	The special registration plates with a persons
68 21 with disabilities processed emblem shall only be issued if the
68 22 application is accompanied with a statement from a physician
68 23 licensed under chapter 148, or 149, 150, or 150A, a physician
68 24 assistant licensed under chapter 148C, an advanced registered
68 25 nurse practitioner licensed under chapter 152, or a
68 26 chiropractor licensed under chapter 151, written on the
68 27 physician's, physician assistant's, nurse practitioner's, or
68 28 chiropractor's stationery, stating the nature of the
68 29 applicant's or the applicant's child's disability and such
68 30 additional information as required by rules adopted by the
68 31 department, including proof of residency of a child who is a
68 32 person with a disability.	If the application is approved by
68 33 the department, the special registration plates with a persons
68 34 with disabilities processed emblem shall be issued to the
35 applicant.	There shall be no fee in addition to the regular
1 annual registration fee for the special registration plates
69	2 with a persons with disabilities processed emblem.	The
69	3 authorization for special registration plates with a persons
69	4 with disabilities processed emblem shall not be renewed
69	5 without the applicant furnishing evidence to the department
69	6 that the owner of the vehicle or the owner's child is still a
69	7 person with a disability as defined in section 321L.1.	An
69	8 owner who has a child who is a person with a disability shall
69	9 provide satisfactory evidence to the department that the child
69 10 with a disability continues to reside with the owner.	The
69 11 registration plates with a persons with disabilities processed
69 12 emblem shall be surrendered in exchange for regular
69 13 registration plates as provided in subsection 12 when the
69 14 owner of the vehicle or the owner's child no longer qualifies
69 15 as a person with a disability as defined in section 321L.1 or
69 16 when the owner's child who is a person with a disability no
69 17 longer resides with the owner.
69 18	Sec. 119.	Section 321.186, Code 2007, is amended to read
69 19 as follows:
69 20	321.186	EXAMINATION OF NEW OR INCOMPETENT OPERATORS.
69 21	1.	The department may examine every new applicant for a
69 22 driver's license or any person holding a valid driver's
69 23 license when the department has reason to believe that the
69 24 person may be physically or mentally incompetent to operate a
69 25 motor vehicle, or whose driving record appears to the
69 26 department to justify the examination.	The department shall
69 27 make every effort to accommodate a functionally illiterate
69 28 applicant when the applicant is taking a knowledge test.	The
69 29 department shall make every effort to have an examiner conduct
69 30 the commercial driver's license driving skills tests at other
69 31 locations in this state where skills may be adequately tested
69 32 when requested by a person representing ten or more drivers
69 33 requiring driving skills testing.
69 34	2.	The department shall make every effort to accommodate a
35 commercial driver's license applicant's need to arrange an
1 appointment for a driving skills test at an established test
70	2 site other than where the applicant passed the required
70	3 knowledge test.	The department shall report to the governor
70	4 and the general assembly on any problems, extraordinary costs
70	5 and recommendations regarding the appointment scheduling
70	6 process.
70	7	3.	The examination shall include a screening of the

70	8 applicant's eyesight, a test of the applicant's ability to
70	9 read and understand highway signs regulating, warning, and
70 10 directing traffic, a test of the applicant's knowledge of the
70 11 traffic laws of this state, an actual demonstration of ability
70 12 to exercise ordinary and reasonable control in the operation
70 13 of a motor vehicle and other physical and mental examinations
70 14 as the department finds necessary to determine the applicant's
70 15 fitness to operate a motor vehicle safely upon the highways.
70 16 However, an applicant for a new driver's license other than a
70 17 commercial driver's license need not pass a vision test
70 18 administered by the department if the applicant files with the
70 19 department a vision report in accordance with section 321.186A
70 20 which shows that the applicant's visual acuity level meets or
70 21 exceeds those required by the department.
70 22	4.	A physician licensed under chapter 148, 150, or 150A,
70 23 or an optometrist licensed under chapter 154, may report to
70 24 the department the identity of a person who has been diagnosed
70 25 as having a physical or mental condition which would render
70 26 the person physically or mentally incompetent to operate a
70 27 motor vehicle in a safe manner.	The physician or optometrist
70 28 shall make reasonable efforts to notify the person who is the
70 29 subject of the report, in writing.	The written notification
70 30 shall state the nature of the disclosure and the reason for
70 31 the disclosure.	A physician or optometrist making a report
70 32 under this section shall be immune from any liability, civil
70 33 or criminal, which might otherwise be incurred or imposed as a
70 34 result of the report.	A physician or optometrist has no duty
35 to make a report or to warn third parties with regard to any
1 knowledge concerning a person's mental or physical competency
71	2 to operate a motor vehicle in a safe manner.	Any report
71	3 received by the department from a physician or optometrist
71	4 under this section shall be kept confidential.	Information
71	5 regulated by chapter 141A shall be subject to the
71	6 confidentiality provisions and remedies of that chapter.
71	7	Sec. 120.	Section 321.186A, subsection 4, Code 2007, is
71	8 amended to read as follows:
71	9	4.	As used in this section, a "licensed vision specialist"
71 10 means a physician licensed under chapter 148, 150, or 150A, or
71 11 an optometrist licensed under chapter 154.
71 12	Sec. 121.	Section 321.375, subsection 1, paragraph d, Code
71 13 2007, is amended to read as follows:
71 14	d.	Possess a current certificate of qualification for
71 15 operation of a commercial motor vehicle issued by a physician
71 16 licensed pursuant to chapter 148 or 150A, physician's
71 17 assistant, advanced registered nurse practitioner, or
71 18 chiropractor or any other person identified by federal and
71 19 state law as authorized to perform physical examinations.
71 20	Sec. 122.	Section 321.445, subsection 2, paragraph e, Code
71 21 2007, is amended to read as follows:
71 22	e.	A person possessing a written certification from a
71 23 health care provider licensed under chapter 148, 150, 150A, or
71 24 151 on a form provided by the department that the person is
71 25 unable to wear a safety belt or safety harness due to physical
71 26 or medical reasons.	The certification shall specify the time
71 27 period for which the exemption applies.	The time period shall
71 28 not exceed twelve months, at which time a new certification
71 29 may be issued unless the certifying health care provider is
71 30 from a United States military facility, in which case the
71 31 certificate may specify a longer period of time or a permanent
71 32 exemption.
71 33	Sec. 123.	Section 321.446, subsection 3, Code 2007, is
71 34 amended to read as follows:
35	3.	This section does not apply to peace officers acting on
1 official duty.	This section also does not apply to the
72	2 transportation of children in 1965 model year or older
72	3 vehicles, authorized emergency vehicles, buses, or motor
72	4 homes, except when a child is transported in a motor home's
72	5 passenger seat situated directly to the driver's right.	This
72	6 section does not apply to the transportation of a child who
72	7 has been certified by a physician licensed under chapter 148,
 72  8 150, or 150A as having a medical, physical, or mental
72	9 condition that prevents or makes inadvisable securing the
72 10 child in a child restraint system, safety belt, or safety
72 11 harness.
72 12	Sec. 124.	Section 321L.2, subsection 1, paragraph a,
72 13 unnumbered paragraph 1, Code 2007, is amended to read as
72 14 follows:
72 15	A resident of the state with a disability desiring a
72 16 persons with disabilities parking permit shall apply to the
72 17 department upon an application form furnished by the
72 18 department providing the applicant's full legal name, address,

72 19 date of birth, and social security number or Iowa driver's
72 20 license number or Iowa nonoperator's identification card
72 21 number, and shall also provide a statement from a physician
72 22 licensed under chapter 148, or 149, 150, or 150A, a physician
72 23 assistant licensed under chapter 148C, an advanced registered
72 24 nurse practitioner licensed under chapter 152, or a
72 25 chiropractor licensed under chapter 151, or a physician,
72 26 physician assistant, nurse practitioner, or chiropractor
72 27 licensed to practice in a contiguous state, written on the
72 28 physician's, physician assistant's, nurse practitioner's, or
72 29 chiropractor's stationery, stating the nature of the
72 30 applicant's disability and such additional information as
72 31 required by rules adopted by the department under section
72 32 321L.8.	If the person is applying for a temporary persons
72 33 with disabilities parking permit, the physician's, physician
72 34 assistant's, nurse practitioner's, or chiropractor's statement
35 shall state the period of time during which the person is
1 expected to be disabled and the period of time for which the
73	2 permit should be issued, not to exceed six months.
73	3	Sec. 125.	Section 509.3, subsections 5 and 6, Code 2007,
73	4 are amended to read as follows:
73	5	5.	A provision shall be made available to policyholders,
73	6 under group policies covering vision care services or
73	7 procedures, for payment of necessary medical or surgical care
73	8 and treatment provided by an optometrist licensed under
73	9 chapter 154 if the care and treatment are provided within the
73 10 scope of the optometrist's license and if the policy would pay
73 11 for the care and treatment if the care and treatment were
73 12 provided by a person engaged in the practice of medicine or
73 13 surgery or osteopathic medicine and surgery as licensed under
73 14 chapter 148 or 150A.	The policy shall provide that the
73 15 policyholder may reject the coverage or provision if the
73 16 coverage or provision for services which may be provided by an
73 17 optometrist is rejected for all providers of similar vision
73 18 care services as licensed under chapter 148, 150A, or 154.
73 19 This subsection applies to group policies delivered or issued
73 20 for delivery after July 1, 1983, and to existing group
73 21 policies on their next anniversary or renewal date, or upon
73 22 expiration of the applicable collective bargaining contract,
73 23 if any, whichever is later.	This subsection does not apply to
73 24 blanket, short=term travel, accident=only, limited or
73 25 specified disease, or individual or group conversion policies,
73 26 or policies designed only for issuance to persons for coverage
73 27 under Title XVIII of the Social Security Act, or any other
73 28 similar coverage under a state or federal government plan.
73 29	6.	A provision shall be made available to policyholders
73 30 under group policies covering diagnosis and treatment of human
73 31 ailments for payment or reimbursement for necessary diagnosis
73 32 or treatment provided by a chiropractor licensed under chapter
73 33 151, if the diagnosis or treatment is provided within the
73 34 scope of the chiropractor's license and if the policy would
35 pay or reimburse for the diagnosis or treatment by a person
1 licensed under chapter 148, 150, or 150A of the human ailment,
74	2 irrespective of and disregarding variances in terminology
74	3 employed by the various licensed professions in describing the
74	4 human ailment or its diagnosis or its treatment.	The policy
74	5 shall provide that the policyholder may reject the coverage or
74	6 provision if the coverage or provision for diagnosis or
74	7 treatment of a human ailment by a chiropractor is rejected for
74	8 all providers of diagnosis or treatment for similar human
74	9 ailments licensed under chapter 148, 150, 150A, or 151.	A
74 10 policy of group health insurance may limit or make optional
74 11 the payment or reimbursement for lawful diagnostic or
74 12 treatment service by all licensees under chapters 148, 150,
 74 13 150A, and 151 on any rational basis which is not solely
74 14 related to the license under or the practices authorized by
74 15 chapter 151 or is not dependent upon a method of
74 16 classification, categorization, or description based directly
74 17 or indirectly upon differences in terminology used by
74 18 different licensees in describing human ailments or their
74 19 diagnosis or treatment.	This subsection applies to group
74 20 policies delivered or issued for delivery after July 1, 1986,
74 21 and to existing group policies on their next anniversary or
74 22 renewal date, or upon expiration of the applicable collective
74 23 bargaining contract, if any, whichever is later.	This
74 24 subsection does not apply to blanket, short=term travel,
74 25 accident=only, limited or specified disease, or individual or
74 26 group conversion policies, or policies under Title XVIII of
74 27 the Social Security Act, or any other similar coverage under a
74 28 state or federal government plan.
74 29	Sec. 126.	Section 514.7, unnumbered paragraphs 2 and 3,

74 30 Code 2007, are amended to read as follows:
74 31	A provision shall be available in approved contracts with
74 32 hospital and medical service corporate subscribers under group
74 33 subscriber contracts or plans covering vision care services or
74 34 procedures, for payment of necessary medical or surgical care
35 and treatment provided by an optometrist licensed under
1 chapter 154, if the care and treatment are provided within the
75	2 scope of the optometrist's license and if the subscriber
75	3 contract would pay for the care and treatment if it were
75	4 provided by a person engaged in the practice of medicine or
75	5 surgery as licensed under chapter 148 or 150A.	The subscriber
75	6 contract shall also provide that the subscriber may reject the
75	7 coverage or provision if the coverage or provision for
75	8 services which may be provided by an optometrist is rejected
75	9 for all providers of similar vision care services as licensed
75 10 under chapter 148, 150A, or 154.	This paragraph applies to
75 11 group subscriber contracts delivered after July 1, 1983, and
75 12 to group subscriber contracts on their anniversary or renewal
75 13 date, or upon the expiration of the applicable collective
75 14 bargaining contract, if any, whichever is the later.	This
75 15 paragraph does not apply to contracts designed only for
75 16 issuance to subscribers eligible for coverage under Title
75 17 XVIII of the Social Security Act, or any other similar
75 18 coverage under a state or federal government plan.
75 19	A provision shall be made available in approved contracts
75 20 with hospital and medical subscribers under group subscriber
75 21 contracts or plans covering diagnosis and treatment of human
75 22 ailments, for payment or reimbursement for necessary diagnosis
75 23 or treatment provided by a chiropractor licensed under chapter
75 24 151 if the diagnosis or treatment is provided within the scope
75 25 of the chiropractor's license and if the subscriber contract
75 26 would pay or reimburse for the diagnosis or treatment of the
75 27 human ailments, irrespective of and disregarding variances in
75 28 terminology employed by the various licensed professions in
75 29 describing the human ailments or their diagnosis or treatment,
75 30 if it were provided by a person licensed under chapter 148,
 75 31 150, or 150A.	The subscriber contract shall also provide that
75 32 the subscriber may reject the coverage or provision if the
75 33 coverage or provision for diagnosis or treatment of a human
75 34 ailment by a chiropractor is rejected for all providers of
35 diagnosis or treatment for similar human ailments licensed
1 under chapter 148, 150, 150A, or 151.	A group subscriber
76	2 contract may limit or make optional the payment or
76	3 reimbursement for lawful diagnostic or treatment service by
76	4 all licensees under chapters 148, 150, 150A, and 151 on any
76	5 rational basis which is not solely related to the license
76	6 under or the practices authorized by chapter 151 or is not
76	7 dependent upon a method of classification, categorization, or
76	8 description based upon differences in terminology used by
76	9 different licensees in describing human ailments or their
76 10 diagnosis or treatment.	This paragraph applies to group
76 11 subscriber contracts delivered after July 1, 1986, and to
76 12 group subscriber contracts on their anniversary or renewal
76 13 date, or upon the expiration of the applicable collective
76 14 bargaining contract, if any, whichever is the later.	This
76 15 paragraph does not apply to contracts designed only for
76 16 issuance to subscribers eligible for coverage under Title
76 17 XVIII of the Social Security Act, or any other similar
76 18 coverage under a state or federal government plan.
76 19	Sec. 127.	Section 514.17, Code 2007, is amended to read as
76 20 follows:
76 21	514.17	PHYSICIANS AND SURGEONS, PODIATRIC PHYSICIANS, OR
76 22 DENTISTS == NUMBER REQUIRED.
76 23	No nonprofit medical service corporation shall be permitted
76 24 to operate until it shall have entered into contracts with at
76 25 least one hundred fifty physicians and surgeons licensed to
76 26 practice medicine and surgery pursuant to chapter 148, or one
76 27 hundred fifty dentists licensed to practice dentistry pursuant
76 28 to chapter 153, or at least one hundred fifty osteopathic
76 29 physicians and surgeons licensed to practice osteopathy or
 76 30 osteopathy osteopathic medicine and surgery pursuant to
76 31 chapter 150 148, or at least twenty=five podiatric physicians
76 32 licensed to practice podiatry pursuant to chapter 149, who
76 33 agree to furnish medical and surgical, podiatric, or dental
76 34 service and be governed by the bylaws of the corporation.
35	Sec. 128.	Section 514B.1, subsection 5, paragraphs b and
1 c, Code 2007, are amended to read as follows:
77	2	b.	The health care services available to enrollees under
77	3 prepaid group plans covering vision care services or
77	4 procedures, shall include a provision for payment of necessary
77	5 medical or surgical care and treatment provided by an

77	6 optometrist licensed under chapter 154, if performed within
77	7 the scope of the optometrist's license, and the plan would pay
77	8 for the care and treatment when the care and treatment were
77	9 provided by a person engaged in the practice of medicine or
77 10 surgery as licensed under chapter 148 or 150A.	The plan shall
77 11 provide that the plan enrollees may reject the coverage for
77 12 services which may be provided by an optometrist if the
77 13 coverage is rejected for all providers of similar vision care
77 14 services as licensed under chapter 148, 150A, or 154.	This
77 15 paragraph applies to services provided under plans made after
77 16 July 1, 1983, and to existing group plans on their next
77 17 anniversary or renewal date, or upon the expiration of the
77 18 applicable collective bargaining contract, if any, whichever
77 19 is the later.	This paragraph does not apply to enrollees
77 20 eligible for coverage under Title XVIII of the Social Security
77 21 Act or any other similar coverage under a state or federal
77 22 government plan.
77 23	c.	The health care services available to enrollees under
77 24 prepaid group plans covering diagnosis and treatment of human
77 25 ailments, shall include a provision for payment of necessary
77 26 diagnosis or treatment provided by a chiropractor licensed
77 27 under chapter 151 if the diagnosis or treatment is provided
77 28 within the scope of the chiropractor's license and if the plan
77 29 would pay or reimburse for the diagnosis or treatment of human
77 30 ailment, irrespective of and disregarding variances in
77 31 terminology employed by the various licensed professions in
77 32 describing the human ailment or its diagnosis or its
77 33 treatment, if it were provided by a person licensed under
77 34 chapter 148, 150, or 150A.	The plan shall also provide that
35 the plan enrollees may reject the coverage for diagnosis or
1 treatment of a human ailment by a chiropractor if the coverage
78	2 is rejected for all providers of diagnosis or treatment for
78	3 similar human ailments licensed under chapter 148, 150, 150A,
78	4 or 151.	A prepaid group plan of health care services may
78	5 limit or make optional the payment or reimbursement for lawful
78	6 diagnostic or treatment service by all licensees under
78	7 chapters 148, 150, 150A, and 151 on any rational basis which
78	8 is not solely related to the license under or the practices
78	9 authorized by chapter 151 or is not dependent upon a method of
78 10 classification, categorization, or description based upon
78 11 differences in terminology used by different licensees in
78 12 describing human ailments or their diagnosis or treatment.
78 13 This paragraph applies to services provided under plans made
78 14 after July 1, 1986, and to existing group plans on their next
78 15 anniversary or renewal date, or upon the expiration of the
78 16 applicable collective bargaining contract, if any, whichever
78 17 is the later.	This paragraph does not apply to enrollees
78 18 eligible for coverage under Title XVIII of the Social Security
78 19 Act, or any other similar coverage under a state or federal
78 20 government plan.
78 21	Sec. 129.	Section 514C.3, Code 2007, is amended to read as
78 22 follows:
78 23	514C.3	DENTIST'S SERVICES UNDER ACCIDENT AND SICKNESS
78 24 INSURANCE POLICIES.
78 25	A policy of accident and sickness insurance issued in this
78 26 state which provides payment or reimbursement for any service
78 27 which is within the lawful scope of practice of a licensed
78 28 dentist shall provide benefits for the service whether the
78 29 service is performed by a licensed physician or a licensed
78 30 dentist.	As used in this section, "licensed physician"
78 31 includes persons licensed under chapter 148, 150, or 150A and
78 32 "policy of accident and sickness insurance" includes
78 33 individual policies or contracts issued pursuant to chapter
78 34 514, 514A, or 514B, and group policies as defined in section
35 509B.1, subsection 3.
1	Sec. 130.	Section 514C.11, Code 2007, is amended to read
79	2 as follows:
79	3	514C.11	SERVICES PROVIDED BY LICENSED PHYSICIAN ASSISTANTS
79	4 AND LICENSED ADVANCED REGISTERED NURSE PRACTITIONERS.
79	5	Notwithstanding section 514C.6, a policy or contract
79	6 providing for third=party payment or prepayment of health or
79	7 medical expenses shall include a provision for the payment of
79	8 necessary medical or surgical care and treatment provided by a
79	9 physician assistant licensed pursuant to chapter 148C, or
79 10 provided by an advanced registered nurse practitioner licensed
79 11 pursuant to chapter 152 and performed within the scope of the
79 12 license of the licensed physician assistant or the licensed
79 13 advanced registered nurse practitioner if the policy or
79 14 contract would pay for the care and treatment if the care and
79 15 treatment were provided by a person engaged in the practice of
79 16 medicine and surgery or osteopathic medicine and surgery under

79 17 chapter 148 or 150A.	The policy or contract shall provide
79 18 that policyholders and subscribers under the policy or
79 19 contract may reject the coverage for services which may be
79 20 provided by a licensed physician assistant or licensed
79 21 advanced registered nurse practitioner if the coverage is
79 22 rejected for all providers of similar services.	A policy or
79 23 contract subject to this section shall not impose a practice
79 24 or supervision restriction which is inconsistent with or more
79 25 restrictive than the restriction already imposed by law.	This
79 26 section applies to services provided under a policy or
79 27 contract delivered, issued for delivery, continued, or renewed
79 28 in this state on or after July 1, 1996, and to an existing
79 29 policy or contract, on the policy's or contract's anniversary
79 30 or renewal date, or upon the expiration of the applicable
79 31 collective bargaining contract, if any, whichever is later.
79 32 This section does not apply to policyholders or subscribers
79 33 eligible for coverage under Title XVIII of the federal Social
79 34 Security Act or any similar coverage under a state or federal
35 government plan.	For the purposes of this section,
1 third=party payment or prepayment includes an individual or
80	2 group policy of accident or health insurance or individual or
80	3 group hospital or health care service contract issued pursuant
80	4 to chapter 509, 514, or 514A, an individual or group health
80	5 maintenance organization contract issued and regulated under
80	6 chapter 514B, an organized delivery system contract regulated
80	7 under rules adopted by the director of public health, or a
80	8 preferred provider organization contract regulated pursuant to
80	9 chapter 514F.	Nothing in this section shall be interpreted to
80 10 require an individual or group health maintenance
80 11 organization, an organized delivery system, or a preferred
80 12 provider organization or arrangement to provide payment or
80 13 prepayment for services provided by a licensed physician
80 14 assistant or licensed advanced registered nurse practitioner
80 15 unless the physician assistant's supervising physician, the
80 16 physician=physician assistant team, the advanced registered
80 17 nurse practitioner, or the advanced registered nurse
80 18 practitioner's collaborating physician has entered into a
80 19 contract or other agreement to provide services with the
80 20 individual or group health maintenance organization, the
80 21 organized delivery system, or the preferred provider
80 22 organization or arrangement.
80 23	Sec. 131.	Section 514C.13, subsection 1, paragraph c, Code
80 24 2007, is amended to read as follows:
80 25	c.	"Health care provider" means a hospital licensed
80 26 pursuant to chapter 135B, a person licensed under chapter 148, 80 27 148C, 149, 150, 150A, 151, or 154, or a person licensed as an
80 28 advanced registered nurse practitioner under chapter 152.
80 29	Sec. 132.	Section 514C.17, subsections 1 and 2, Code 2007,
80 30 are amended to read as follows:
80 31	1.	Except as provided under subsection 2 or 3, if a
80 32 carrier, as defined in section 513B.2, an organized delivery
80 33 system authorized under 1993 Iowa Acts, ch. 158, or a plan
80 34 established pursuant to chapter 509A for public employees,
35 terminates its contract with a participating health care
1 provider, a covered individual who is undergoing a specified
81	2 course of treatment for a terminal illness or a related
81	3 condition, with the recommendation of the covered individual's
81	4 treating physician licensed under chapter 148, 150, or 150A,
81	5 may continue to receive coverage for treatment received from
81	6 the covered individual's physician for the terminal illness or
81	7 a related condition, for a period of up to ninety days.
81	8 Payment for covered benefits and benefit levels shall be
81	9 according to the terms and conditions of the contract.
81 10	2.	A covered person who makes a change in health plans
81 11 involuntarily may request that the new health plan cover
81 12 services of the covered person's treating physician licensed
81 13 under chapter 148, 150, or 150A, who is not a participating
81 14 health care provider under the new health plan, if the covered
81 15 person is undergoing a specified course of treatment for a
81 16 terminal illness or a related condition.	Continuation of such
81 17 coverage shall continue for up to ninety days.	Payment for
81 18 covered benefits and benefit levels shall be according to the
81 19 terms and conditions of the contract.
81 20	Sec. 133.	Section 514C.18, subsection 1, unnumbered
81 21 paragraph 1, Code 2007, is amended to read as follows:
81 22	Notwithstanding the uniformity of treatment requirements of
81 23 section 514C.6, a policy or contract providing for third=party
81 24 payment or prepayment of health or medical expenses shall
81 25 provide coverage benefits for the cost associated with
81 26 equipment, supplies, and self=management training and
81 27 education for the treatment of all types of diabetes mellitus

81 28 when prescribed by a physician licensed under chapter 148,
 81 29 150, or 150A.	Coverage benefits shall include coverage for
81 30 the cost associated with all of the following:
81 31	Sec. 134.	Section 514C.20, subsection 1, paragraphs a and
81 32 b, Code 2007, are amended to read as follows:
81 33	a.	A child under five years of age upon a determination by
81 34 a licensed dentist and the child's treating physician licensed
35 pursuant to chapter 148, 150, or 150A, that such child
1 requires necessary dental treatment in a hospital or
82	2 ambulatory surgical center due to a dental condition or a
82	3 developmental disability for which patient management in the
82	4 dental office has proved to be ineffective.
82	5	b.	Any individual upon a determination by a licensed
82	6 dentist and the individual's treating physician licensed
82	7 pursuant to chapter 148, 150, or 150A, that such individual
82	8 has one or more medical conditions that would create
82	9 significant or undue medical risk for the individual in the
82 10 course of delivery of any necessary dental treatment or
82 11 surgery if not rendered in a hospital or ambulatory surgical
82 12 center.
82 13	Sec. 135.	Section 514F.1, Code Supplement 2007, is amended
82 14 to read as follows:
82 15	514F.1	UTILIZATION AND COST CONTROL REVIEW COMMITTEES.
82 16	The licensing boards under chapters 148, 149, 150, 150A,
82 17 151, and 152 shall establish utilization and cost control
82 18 review committees of licensees under the respective chapters,
82 19 selected from licensees who have practiced in Iowa for at
82 20 least the previous five years, or shall accredit and designate
82 21 other utilization and cost control organizations as
82 22 utilization and cost control committees under this section,
82 23 for the purposes of utilization review of the appropriateness
82 24 of levels of treatment and of giving opinions as to the
82 25 reasonableness of charges for diagnostic or treatment services
82 26 of licensees.	Persons governed by the various chapters of
82 27 Title XIII, subtitle 1, of the Code and self=insurers for
82 28 health care benefits to employees may utilize the services of
82 29 the utilization and cost control review committees upon the
82 30 payment of a reasonable fee for the services, to be determined
82 31 by the respective boards.	The respective boards under
82 32 chapters 148, 149, 150, 150A, 151, and 152 shall adopt rules
82 33 necessary and proper for the administration of this section
82 34 pursuant to chapter 17A.	It is the intent of this general
35 assembly that conduct of the utilization and cost control
1 review committees authorized under this section shall be
83	2 exempt from challenge under federal or state antitrust laws or
83	3 other similar laws in regulation of trade or commerce.
83	4	Sec. 136.	Section 602.8102, subsection 33, Code Supplement
83	5 2007, is amended to read as follows:
83	6	33.	Furnish to the Iowa department of public health a
83	7 certified copy of a judgment suspending or revoking relating
 83  8 to the suspension or revocation of a professional license as
 83  9 provided in section 147.66.
83 10	Sec. 137.	Section 702.8, Code 2007, is amended to read as
83 11 follows:
83 12	702.8	DEATH.
83 13	"Death" means the condition determined by the following
83 14 standard:	A person will be considered dead if in the
83 15 announced opinion of a physician licensed pursuant to chapter
83 16 148, 150, or 150A, a physician assistant licensed pursuant to
83 17 chapter 148C, or a registered nurse or a licensed practical
83 18 nurse licensed pursuant to chapter 152, based on ordinary
83 19 standards of medical practice, that person has experienced an
83 20 irreversible cessation of spontaneous respiratory and
83 21 circulatory functions.	In the event that artificial means of
83 22 support preclude a determination that these functions have
83 23 ceased, a person will be considered dead if in the announced
83 24 opinion of two physicians, based on ordinary standards of
83 25 medical practice, that person has experienced an irreversible
83 26 cessation of spontaneous brain functions.	Death will have
83 27 occurred at the time when the relevant functions ceased.
83 28	Sec. 138.	Section 702.17, Code 2007, is amended to read as
83 29 follows:
83 30	702.17	SEX ACT.
83 31	The term "sex act" or "sexual activity" means any sexual
83 32 contact between two or more persons by:	penetration of the
83 33 penis into the vagina or anus; contact between the mouth and
83 34 genitalia or by contact between the genitalia of one person
35 and the genitalia or anus of another person; contact between
1 the finger or hand of one person and the genitalia or anus of
84	2 another person, except in the course of examination or
84	3 treatment by a person licensed pursuant to chapter 148, 148C,

84	4 150, 150A, 151, or 152; or by use of artificial sexual organs
84	5 or substitutes therefor in contact with the genitalia or anus.
84	6	Sec. 139.	Section 707C.4, subsection 4, Code Supplement
84	7 2007, is amended to read as follows:
84	8	4.	A person who violates this section and who is licensed
84	9 pursuant to chapter 148, 150, or 150A is subject to revocation
84 10 of the person's license.
84 11	Sec. 140.	Section 708.3A, subsection 5, paragraph d, Code
84 12 2007, is amended to read as follows:
84 13	d.	"Health care provider" means an emergency medical care
84 14 provider as defined in chapter 147A or a person licensed or
84 15 registered under chapter 148, 148C, 148D, 150, 150A, or 152
84 16 who is providing or who is attempting to provide emergency
84 17 medical services, as defined in section 147A.1, or who is
84 18 providing or who is attempting to provide health services as
84 19 defined in section 135.61 in a hospital.	A person who commits
84 20 an assault under this section against a health care provider
84 21 in a hospital, or at the scene or during out=of=hospital
84 22 patient transportation in an ambulance, is presumed to know
84 23 that the person against whom the assault is committed is a
84 24 health care provider.
84 25	Sec. 141.	DIRECTIVE TO CODE EDITOR.	The Code editor is
84 26 directed to delete any other references to "osteopathy" or
84 27 "osteopath" in the Code.
84 28
84 29
84 30
84 31	JOHN P. KIBBIE
84 32	President of the Senate
84 33
84 34
35
1	PATRICK J. MURPHY
85	2	Speaker of the House
85	3
85	4	I hereby certify that this bill originated in the Senate and
85	5 is known as Senate File 2338, Eighty=second General Assembly. 85	6
85	7
85	8
85	9	MICHAEL E. MARSHALL
85 10	Secretary of the Senate
85 11 Approved	, 2008
85 12
85 13
85 14  	
85 15 CHESTER J. CULVER
85 16 Governor