Senate File 74 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 74
  1  2
  1  3                             AN ACT
  1  4 RENAMING HEALTH=RELATED EXAMINING BOARDS AS LICENSING BOARDS.
  1  5
  1  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  7
  1  8    Section 1.  Section 3.20, subsection 2, Code 2007, is
  1  9 amended to read as follows:
  1 10    2.  The examining licensing board shall pursue a meaningful
  1 11 examination and enforcement procedure which upholds the level
  1 12 of competency of the licensee to insure that the public
  1 13 interest is protected.
  1 14    Sec. 2.  Section 7E.4, subsection 2, Code 2007, is amended
  1 15 to read as follows:
  1 16    2.  a.  "Board" means a policymaking or rulemaking body
  1 17 that has the power to hear contested cases.
  1 18    b.  A policymaking body that has powers for both rulemaking
  1 19 and hearing contested cases shall be termed a "board".
  1 20 "Board" includes a professional licensing board which sets
  1 21 standards of professional competence and conduct for the
  1 22 profession or occupation under its supervision, which may
  1 23 prepare and grade the examinations of prospective new
  1 24 practitioners when authorized by law, which may issue licenses
  1 25 when authorized by law, which investigates complaints of
  1 26 alleged unprofessional conduct, and which performs other
  1 27 functions assigned to it by law.
  1 28    Sec. 3.  Section 7E.4, subsection 8, Code 2007, is amended
  1 29 by striking the subsection.
  1 30    Sec. 4.  Section 8A.101, subsection 1, unnumbered paragraph
  1 31 1, Code 2007, is amended to read as follows:
  1 32    "Agency" or "state agency" means a unit of state
  1 33 government, which is an authority, board, commission,
  1 34 committee, council, department, examining or licensing board,
  1 35 or independent agency as defined in section 7E.4, including
  2  1 but not limited to each principal central department
  2  2 enumerated in section 7E.5.  However, "agency" or "state
  2  3 agency" does not mean any of the following:
  2  4    Sec. 5.  Section 8F.2, subsection 1, Code 2007, is amended
  2  5 to read as follows:
  2  6    1.  "Agency" means a unit of state government, which is an
  2  7 authority, board, commission, committee, council, department,
  2  8 examining or licensing board, or independent agency as defined
  2  9 in section 7E.4, including but not limited to each principal
  2 10 central department enumerated in section 7E.5.  However,
  2 11 "agency" does not mean the Iowa public employees' retirement
  2 12 system created under chapter 97B, the public broadcasting
  2 13 division of the department of education created under section
  2 14 256.81, the statewide fire and police retirement system
  2 15 created under chapter 411, or an agricultural commodity
  2 16 promotion board subject to a producer referendum.
  2 17    Sec. 6.  Section 10A.402, subsection 1, Code 2007, is
  2 18 amended to read as follows:
  2 19    1.  Investigations relative to the practice of regulated
  2 20 professions and occupations, except those within the
  2 21 jurisdiction of the board of medical examiners medicine, the
  2 22 board of pharmacy examiners, the board of dental examiners
  2 23 dentistry, and the board of nursing.
  2 24    Sec. 7.  Section 80.33, Code 2007, is amended to read as
  2 25 follows:
  2 26    80.33  ACCESS TO DRUG RECORDS BY PEACE OFFICERS.
  2 27    A person required by law to keep records, and a carrier
  2 28 maintaining records with respect to any shipment containing
  2 29 any controlled or counterfeit substances shall, upon request
  2 30 of an authorized peace officer of the department, designated
  2 31 by the commissioner, permit such peace officer at reasonable
  2 32 times to have access to and copy such records.  For the
  2 33 purpose of examining and verifying such records, an authorized
  2 34 peace officer of the department, designated by the
  2 35 commissioner, may enter at reasonable times any place or
  3  1 vehicle in which any controlled or counterfeit substance is
  3  2 held, manufactured, dispensed, compounded, processed, sold,
  3  3 delivered, or otherwise disposed of and inspect such place or
  3  4 vehicle and the contents of such place or vehicle.  For the
  3  5 purpose of enforcing laws relating to controlled or
  3  6 counterfeit substances, and upon good cause shown, a peace
  3  7 officer of the department shall be allowed to inspect audits
  3  8 and records in the possession of the state board of pharmacy
  3  9 examiners.
  3 10    Sec. 8.  Section 124.101, subsection 3, Code 2007, is
  3 11 amended to read as follows:
  3 12    3.  "Board" means the state board of pharmacy examiners.
  3 13    Sec. 9.  Section 124.204, subsection 4, paragraph m, Code
  3 14 2007, is amended to read as follows:
  3 15    m.  Marijuana, except as otherwise provided by rules of the
  3 16 board of pharmacy examiners for medicinal purposes.
  3 17    Sec. 10.  Section 124.204, subsection 4, paragraph u,
  3 18 unnumbered paragraph 1, Code 2007, is amended to read as
  3 19 follows:
  3 20    Tetrahydrocannabinols, except as otherwise provided by
  3 21 rules of the board of pharmacy examiners for medicinal
  3 22 purposes.  Synthetic equivalents of the substances contained
  3 23 in the plant, or in the resinous extractives of Cannabis sp.,
  3 24 and synthetic substances, derivatives, and their isomers with
  3 25 similar chemical structure and pharmacological activity such
  3 26 as the following:
  3 27    Sec. 11.  Section 124.204, subsection 7, Code 2007, is
  3 28 amended to read as follows:
  3 29    7.  EXCLUSIONS.  This section does not apply to marijuana,
  3 30 tetrahydrocannabinols or chemical derivatives of
  3 31 tetrahydrocannabinol when utilized for medicinal purposes
  3 32 pursuant to rules of the state board of pharmacy examiners.
  3 33    Sec. 12.  Section 124.206, subsection 7, paragraph a, Code
  3 34 2007, is amended to read as follows:
  3 35    a.  Marijuana when used for medicinal purposes pursuant to
  4  1 rules of the board of pharmacy examiners.
  4  2    Sec. 13.  Section 124.206, subsection 8, Code 2007, is
  4  3 amended to read as follows:
  4  4    8.  The board of pharmacy examiners, by rule, may except
  4  5 any compound, mixture, or preparation containing any stimulant
  4  6 listed in subsection 4 from the application of all or any part
  4  7 of this chapter if the compound, mixture, or preparation
  4  8 contains one or more active medicinal ingredients not having a
  4  9 stimulant effect on the central nervous system, and if the
  4 10 admixtures are included in such combinations, quantity,
  4 11 proportion, or concentration as to vitiate the potential for
  4 12 abuse of the substances which have a stimulant or depressant
  4 13 effect on the central nervous system.
  4 14    Sec. 14.  Section 124A.2, subsection 4, Code 2007, is
  4 15 amended to read as follows:
  4 16    4.  "Imitation controlled substance" means a substance
  4 17 which is not a controlled substance but which by color, shape,
  4 18 size, markings, and other aspects of dosage unit appearance,
  4 19 and packaging or other factors, appears to be or resembles a
  4 20 controlled substance.
  4 21    The state board of pharmacy examiners may designate a
  4 22 substance as an imitation controlled substance pursuant to the
  4 23 board's rulemaking authority and in accordance with chapter
  4 24 17A.
  4 25    Sec. 15.  Section 124A.3, unnumbered paragraph 1, Code
  4 26 2007, is amended to read as follows:
  4 27    When a substance has not been designated as an imitation
  4 28 controlled substance by the state board of pharmacy examiners
  4 29 and when dosage unit appearance alone does not establish that
  4 30 a substance is an imitation controlled substance the following
  4 31 factors may be considered in determining whether the substance
  4 32 is an imitation controlled substance:
  4 33    Sec. 16.  Section 124B.1, Code 2007, subsection 1, is
  4 34 amended to read as follows:
  4 35    1.  "Board" means the board of pharmacy examiners.
  5  1    Sec. 17.  Section 126.2, subsection 3, Code 2007, is
  5  2 amended to read as follows:
  5  3    3.  "Board" means the board of pharmacy examiners.
  5  4    Sec. 18.  Section 135.11, subsection 9, Code 2007, is
  5  5 amended to read as follows:
  5  6    9.  Exercise sole jurisdiction over the disposal and
  5  7 transportation of the dead bodies of human beings and
  5  8 prescribe the methods to be used in preparing such bodies for
  5  9 disposal and transportation.  However, the department may
  5 10 approve a request for an exception to the application of
  5 11 specific embalming and disposition rules adopted pursuant to
  5 12 this subsection if such rules would otherwise conflict with
  5 13 tenets and practices of a recognized religious denomination to
  5 14 which the deceased individual adhered or of which denomination
  5 15 the deceased individual was a member.  The department shall
  5 16 inform the board of mortuary science examiners of any such
  5 17 approved exception which may affect services provided by a
  5 18 funeral director licensed pursuant to chapter 156.
  5 19    Sec. 19.  Section 135.11A, Code 2007, is amended to read as
  5 20 follows:
  5 21    135.11A  PROFESSIONAL LICENSURE DIVISION == OTHER LICENSING
  5 22 BOARDS == EXPENSES == FEES.
  5 23    There shall be a professional licensure division within the
  5 24 department of public health.  Each board of examiners
  5 25 specified under chapter 147 or under the administrative
  5 26 authority of the department, except the state board of
  5 27 nursing, state board of medical examiners medicine, state
  5 28 board of dental examiners dentistry, and state board of
  5 29 pharmacy examiners, shall receive administrative and clerical
  5 30 support from the division and may not employ its own support
  5 31 staff for administrative and clerical duties.
  5 32    The professional licensure division and the licensing
  5 33 boards may expend funds in addition to amounts budgeted, if
  5 34 those additional expenditures are directly the result of
  5 35 actual examination and exceed funds budgeted for examinations.
  6  1 Before the division or a licensing board expends or encumbers
  6  2 an amount in excess of the funds budgeted for examinations,
  6  3 the director of the department of management shall approve the
  6  4 expenditure or encumbrance.  Before approval is given, the
  6  5 department of management shall determine that the examination
  6  6 expenses exceed the funds budgeted by the general assembly to
  6  7 the division or board and the division or board does not have
  6  8 other funds from which examination expenses can be paid.  Upon
  6  9 approval of the department of management, the division or
  6 10 licensing board may expend and encumber funds for excess
  6 11 examination expenses.  The amounts necessary to fund the
  6 12 excess examination expenses shall be collected as fees from
  6 13 additional examination applicants and shall be treated as
  6 14 repayment receipts as defined in section 8.2.
  6 15    Sec. 20.  Section 135.24, subsection 2, paragraph a, Code
  6 16 2007, is amended to read as follows:
  6 17    a.  Procedures for registration of health care providers
  6 18 deemed qualified by the board of medical examiners medicine,
  6 19 the board of physician assistant examiners assistants, the
  6 20 board of dental examiners dentistry, the board of nursing, the
  6 21 board of chiropractic examiners, the board of psychology
  6 22 examiners, the board of social work examiners, the board of
  6 23 behavioral science examiners, the board of pharmacy examiners,
  6 24 the board of optometry examiners, the board of podiatry
  6 25 examiners, the board of physical and occupational therapy
  6 26 examiners, the state board for respiratory care, and the Iowa
  6 27 department of public health, as applicable.
  6 28    Sec. 21.  Section 135.31, Code 2007, is amended to read as
  6 29 follows:
  6 30    135.31  LOCATION OF BOARDS == RULEMAKING.
  6 31    The offices for the state board of medical examiners
  6 32 medicine, the state board of pharmacy examiners, the state
  6 33 board of nursing, and the state board of dental examiners
  6 34 dentistry shall be located within the department of public
  6 35 health.  The individual boards shall have policymaking and
  7  1 rulemaking authority.
  7  2    Sec. 22.  Section 135M.3, subsection 1, Code 2007, is
  7  3 amended to read as follows:
  7  4    1.  The department, in cooperation with the board of
  7  5 pharmacy examiners, may establish and maintain a prescription
  7  6 drug donation repository program under which any person may
  7  7 donate prescription drugs and supplies for use by an
  7  8 individual who meets eligibility criteria specified by the
  7  9 department by rule.  The department may contract with a third
  7 10 party to implement and administer the program.
  7 11    Sec. 23.  Section 136C.3, subsection 2, unnumbered
  7 12 paragraph 1, Code 2007, is amended to read as follows:
  7 13    Establish minimum training standards including continuing
  7 14 education requirements, and administer examinations and
  7 15 disciplinary procedures for operators of radiation machines
  7 16 and users of radioactive materials.  A state of Iowa license
  7 17 to practice medicine, osteopathy, chiropractic, podiatry,
  7 18 dentistry, dental hygiene, or veterinary medicine, or
  7 19 licensure as a physician assistant pursuant to chapter 148C,
  7 20 or certification by the board of dental examiners dentistry in
  7 21 dental radiography, or by the board of podiatry examiners in
  7 22 podiatric radiography, or enrollment in a program or course of
  7 23 study approved by the Iowa department of public health which
  7 24 includes the application of radiation to humans satisfies the
  7 25 minimum training standards for operation of radiation machines
  7 26 only.
  7 27    Sec. 24.  Section 139A.8, subsection 4, paragraph a, Code
  7 28 2007, is amended to read as follows:
  7 29    a.  The applicant, or if the applicant is a minor, the
  7 30 applicant's parent or legal guardian, submits to the admitting
  7 31 official a statement signed by a physician, advanced
  7 32 registered nurse practitioner, or physician assistant who is
  7 33 licensed by the board of medical examiners medicine, board of
  7 34 nursing, or board of physician assistant examiners assistants
  7 35 that the immunizations required would be injurious to the
  8  1 health and well=being of the applicant or any member of the
  8  2 applicant's family.
  8  3    Sec. 25.  Section 139A.22, subsections 1, 3, 6, and 7, Code
  8  4 2007, are amended to read as follows:
  8  5    1.  A hospital shall adopt procedures requiring the
  8  6 establishment of protocols applicable on a case=by=case basis
  8  7 to a health care provider determined to be infected with HIV
  8  8 or HBV who ordinarily performs exposure=prone procedures as
  8  9 determined by an expert review panel, within the hospital
  8 10 setting.  The protocols established shall be in accordance
  8 11 with the recommendations issued by the centers for disease
  8 12 control and prevention of the United States department of
  8 13 health and human services.  The expert review panel may be an
  8 14 established committee of the hospital.  The procedures may
  8 15 provide for referral of the health care provider to the expert
  8 16 review panel established by the department pursuant to
  8 17 subsection 3 for establishment of the protocols.  The
  8 18 procedures shall require reporting noncompliance with the
  8 19 protocols by a health care provider to the examining licensing
  8 20 board with jurisdiction over the relevant health care
  8 21 providers.
  8 22    3.  The department shall establish an expert review panel
  8 23 to determine on a case=by=case basis under what circumstances,
  8 24 if any, a health care provider determined to be infected with
  8 25 HIV or HBV practicing outside the hospital setting or referred
  8 26 to the panel by a hospital or health care facility may perform
  8 27 exposure=prone procedures.  If a health care provider
  8 28 determined to be infected with HIV or HBV does not comply with
  8 29 the determination of the expert review panel, the panel shall
  8 30 report the noncompliance to the examining licensing board with
  8 31 jurisdiction over the health care provider.  A determination
  8 32 of an expert review panel pursuant to this section is a final
  8 33 agency action appealable pursuant to section 17A.19.
  8 34    6.  The board of medical examiners medicine, the board of
  8 35 physician assistant examiners assistants, the board of
  9  1 podiatry examiners, the board of nursing, the board of dental
  9  2 examiners dentistry, and the board of optometry examiners
  9  3 shall require that licensees comply with the recommendations
  9  4 issued by the centers for disease control and prevention of
  9  5 the United States department of health and human services for
  9  6 preventing transmission of human immunodeficiency virus and
  9  7 hepatitis B virus to patients during exposure=prone invasive
  9  8 procedures, with the recommendations of the expert review
  9  9 panel established pursuant to subsection 3, with hospital
  9 10 protocols established pursuant to subsection 1, and with
  9 11 health care facility procedures established pursuant to
  9 12 subsection 2, as applicable.
  9 13    7.  Information relating to the HIV status of a health care
  9 14 provider is confidential and subject to the provisions of
  9 15 section 141A.9.  A person who intentionally or recklessly
  9 16 makes an unauthorized disclosure of such information is
  9 17 subject to a civil penalty of one thousand dollars.  The
  9 18 attorney general or the attorney general's designee may
  9 19 maintain a civil action to enforce this section.  Proceedings
  9 20 maintained under this section shall provide for the anonymity
  9 21 of the health care provider and all documentation shall be
  9 22 maintained in a confidential manner.  Information relating to
  9 23 the HBV status of a health care provider is confidential and
  9 24 shall not be accessible to the public.  Information regulated
  9 25 by this section, however, may be disclosed to members of the
  9 26 expert review panel established by the department or a panel
  9 27 established by hospital protocol under this section.  The
  9 28 information may also be disclosed to the appropriate examining
  9 29 licensing board by filing a report as required by this
  9 30 section.  The examining licensing board shall consider the
  9 31 report a complaint subject to the confidentiality provisions
  9 32 of section 272C.6.  A licensee, upon the filing of a formal
  9 33 charge or notice of hearing by the examining licensing board
  9 34 based on such a complaint, may seek a protective order from
  9 35 the board.
 10  1    Sec. 26.  Section 147.1, subsection 2, paragraphs b, c, and
 10  2 f, Code 2007, are amended to read as follows:
 10  3    b.  "Examining board" "Board" shall mean one of the boards
 10  4 enumerated in section 147.13 or any other board established in
 10  5 this subtitle which is appointed by the governor to give
 10  6 examinations to license applicants for licenses and impose
 10  7 licensee discipline as authorized by law.
 10  8    c.  "Licensed" or "certified" when applied to a physician
 10  9 and surgeon, podiatric physician, osteopath, osteopathic
 10 10 physician and surgeon, physician assistant, psychologist or
 10 11 associate psychologist, chiropractor, nurse, dentist, dental
 10 12 hygienist, optometrist, speech pathologist, audiologist,
 10 13 pharmacist, physical therapist, occupational therapist,
 10 14 respiratory care practitioner, practitioner of cosmetology
 10 15 arts and sciences, practitioner of barbering, funeral
 10 16 director, dietitian, marital and family therapist, mental
 10 17 health counselor, social worker, massage therapist, athletic
 10 18 trainer, acupuncturist, or interpreter for the hearing
 10 19 impaired sign language interpreter or transliterator means a
 10 20 person licensed under this subtitle.
 10 21    f.  "Profession" means medicine and surgery, podiatry,
 10 22 osteopathy, osteopathic medicine and surgery, practice as a
 10 23 physician assistant, psychology, chiropractic, nursing,
 10 24 dentistry, dental hygiene, optometry, speech pathology,
 10 25 audiology, pharmacy, physical therapy, occupational therapy,
 10 26 respiratory care, cosmetology arts and sciences, barbering,
 10 27 mortuary science, marital and family therapy, mental health
 10 28 counseling, social work, dietetics, massage therapy, athletic
 10 29 training, acupuncture, or interpreting for the hearing
 10 30 impaired sign language interpreting or transliterating.
 10 31    Sec. 27.  Section 147.1, subsection 2, paragraph e,
 10 32 subparagraph (4), Code 2007, is amended to read as follows:
 10 33    (4)  An examining A board enumerated in section 147.13 or
 10 34 any other board established in this subtitle which is
 10 35 appointed by the governor to license applicants and impose
 11  1 licensee discipline as authorized by law.
 11  2    Sec. 28.  Section 147.2, unnumbered paragraph 1, Code 2007,
 11  3 is amended to read as follows:
 11  4    A person shall not engage in the practice of medicine and
 11  5 surgery, podiatry, osteopathy, osteopathic medicine and
 11  6 surgery, psychology, chiropractic, physical therapy, nursing,
 11  7 dentistry, dental hygiene, optometry, speech pathology,
 11  8 audiology, occupational therapy, respiratory care, pharmacy,
 11  9 cosmetology, barbering, social work, dietetics, marital and
 11 10 family therapy or mental health counseling, massage therapy,
 11 11 mortuary science, athletic training, acupuncture, or
 11 12 interpreting for the hearing impaired sign language
 11 13 interpreting or transliterating, or shall not practice as a
 11 14 physician assistant as defined in the following chapters of
 11 15 this subtitle, unless the person has obtained from the
 11 16 department a license for that purpose.
 11 17    Sec. 29.  Section 147.5, unnumbered paragraph 1, Code 2007,
 11 18 is amended to read as follows:
 11 19    Every license to practice a profession shall be in the form
 11 20 of a certificate under the seal of the department, signed by
 11 21 the director of public health.  Such license shall be issued
 11 22 in the name of the examining licensing board which conducts
 11 23 examinations for that particular profession.
 11 24    Sec. 30.  Section 147.11, Code 2007, is amended to read as
 11 25 follows:
 11 26    147.11  REINSTATEMENT.
 11 27    Any licensee who allows the license to lapse by failing to
 11 28 renew the same, as provided in section 147.10, may be
 11 29 reinstated without examination upon recommendation of the
 11 30 examining licensing board for the licensee's profession and
 11 31 upon payment of the renewal fees then due.
 11 32    Sec. 31.  Section 147.12, Code 2007, is amended to read as
 11 33 follows:
 11 34    147.12  EXAMINING HEALTH PROFESSION BOARDS.
 11 35    For the purpose of giving examinations to applicants for
 12  1 licenses to practice the professions for which licenses are
 12  2 required by this subtitle, the governor shall appoint, subject
 12  3 to confirmation by the senate, a board of examiners for each
 12  4 of the professions.  The board members shall not be required
 12  5 to be members of professional societies or associations
 12  6 composed of members of their professions.
 12  7    If a person who has been appointed by the governor to serve
 12  8 on an examining a board has ever been disciplined in a
 12  9 contested case by the board to which the person has been
 12 10 appointed, all board complaints and statements of charges,
 12 11 settlement agreements, findings of fact, and orders pertaining
 12 12 to the disciplinary action shall be made available to the
 12 13 senate committee to which the appointment is referred at the
 12 14 committee's request before the full senate votes on the
 12 15 person's appointment.
 12 16    Sec. 32.  Section 147.13, Code 2007, is amended to read as
 12 17 follows:
 12 18    147.13  DESIGNATION OF BOARDS.
 12 19    The examining boards provided in section 147.12 shall be
 12 20 designated as follows:
 12 21    1.  For medicine and surgery, osteopathy, osteopathic
 12 22 medicine and surgery, and acupuncture, medical examiners the
 12 23 board of medicine.
 12 24    2.  For physician assistants, the board of physician
 12 25 assistant examiners assistants.
 12 26    3.  For psychology, the board of psychology examiners.
 12 27    4.  For podiatry, the board of podiatry examiners.
 12 28    5.  For chiropractic, the board of chiropractic examiners.
 12 29    6.  For physical therapists and occupational therapists,
 12 30 the board of physical and occupational therapy examiners.
 12 31    7.  For nursing, the board of nursing.
 12 32    8.  For dentistry, dental hygiene, and dental assisting,
 12 33 dental examiners the board of dentistry.
 12 34    9.  For optometry, the board of optometry examiners.
 12 35    10.  For speech pathology and audiology, the board of
 13  1 speech pathology and audiology examiners.
 13  2    11.  For cosmetology arts and sciences, the board of
 13  3 cosmetology arts and sciences examiners.
 13  4    12.  For barbering, barber examiners the board of
 13  5 barbering.
 13  6    13.  For pharmacy, the board of pharmacy examiners.
 13  7    14.  For mortuary science, the board of mortuary science
 13  8 examiners.
 13  9    15.  For social workers, the board of social work
 13 10 examiners.
 13 11    16.  For marital and family therapists and mental health
 13 12 counselors, the board of behavioral science examiners.
 13 13    17.  For dietetics, dietetic examiners the board of
 13 14 dietetics.
 13 15    18.  For respiratory care therapists, the board of
 13 16 respiratory care examiners.
 13 17    19.  For massage therapists, the board of massage therapy
 13 18 examiners.
 13 19    20.  For athletic trainers, the board of athletic training
 13 20 examiners.
 13 21    21.  For interpreters, interpreter for the hearing impaired
 13 22 examiners the board of sign language interpreters and
 13 23 transliterators.
 13 24    22.  For hearing aids, the board of hearing aid dispenser
 13 25 examiners dispensers.
 13 26    23.  For nursing home administrators, the board of nursing
 13 27 home administrators examiners.
 13 28    Sec. 33.  Section 147.14, Code 2007, is amended to read as
 13 29 follows:
 13 30    147.14  COMPOSITION OF BOARDS.
 13 31    The boards of examiners board members shall consist of the
 13 32 following:
 13 33    1.  For barbering, three members licensed to practice
 13 34 barbering, and two members who are not licensed to practice
 13 35 barbering and who shall represent the general public.  A
 14  1 quorum shall consist of a majority of the members of the
 14  2 board.
 14  3    2.  For medical examiners medicine, five members licensed
 14  4 to practice medicine and surgery, two members licensed to
 14  5 practice osteopathic medicine and surgery, and three members
 14  6 not licensed to practice either medicine and surgery or
 14  7 osteopathic medicine and surgery, and who shall represent the
 14  8 general public.  A majority of members of the board
 14  9 constitutes a quorum.
 14 10    3.  For the board of nursing, four registered nurses, two
 14 11 of whom shall be actively engaged in practice, two of whom
 14 12 shall be nurse educators from nursing education programs; of
 14 13 these, one in higher education and one in area community and
 14 14 vocational=technical registered nurse education; one licensed
 14 15 practical nurse actively engaged in practice; and two members
 14 16 not registered nurses or licensed practical nurses and who
 14 17 shall represent the general public.  The representatives of
 14 18 the general public shall not be members of health care
 14 19 delivery systems.  A majority of the members of the board
 14 20 constitutes a quorum.
 14 21    4.  For dental examiners dentistry, five members shall be
 14 22 licensed to practice dentistry, two members shall be licensed
 14 23 to practice dental hygiene, and two members not licensed to
 14 24 practice dentistry or dental hygiene and who shall represent
 14 25 the general public.  A majority of the members of the board
 14 26 shall constitute a quorum.  No member of the dental faculty of
 14 27 the school of dentistry at the state university of Iowa shall
 14 28 be eligible to be appointed.  Beginning January 1, 2000,
 14 29 persons Persons appointed to the board as dental hygienist
 14 30 members shall not be employed by or receive any form of
 14 31 remuneration from a dental or dental hygiene educational
 14 32 institution.  The two dental hygienist board members and one
 14 33 dentist board member shall constitute a dental hygiene
 14 34 committee of the board as provided in section 153.33A.
 14 35    5.  For pharmacy examiners, five members licensed to
 15  1 practice pharmacy and two members who are not licensed to
 15  2 practice pharmacy and who shall represent the general public.
 15  3 A majority of the members of the board shall constitute a
 15  4 quorum.
 15  5    6.  For optometry examiners, five members licensed to
 15  6 practice optometry and two members who are not licensed to
 15  7 practice optometry and who shall represent the general public.
 15  8 A majority of the members of the board shall constitute a
 15  9 quorum.
 15 10    7.  For psychology examiners, five members who are licensed
 15 11 to practice psychology and two members not licensed to
 15 12 practice psychology and who shall represent the general
 15 13 public.  Of the five members who are licensed to practice
 15 14 psychology, one member shall be primarily engaged in graduate
 15 15 teaching in psychology, two members shall be persons who
 15 16 render services in psychology, one member shall represent
 15 17 areas of applied psychology and may be affiliated with
 15 18 training institutions and shall devote a major part of the
 15 19 member's time to rendering service in psychology, and one
 15 20 member shall be primarily engaged in research psychology.  A
 15 21 majority of the members of the board constitutes a quorum.
 15 22    8.  For chiropractic examiners, five members licensed to
 15 23 practice chiropractic and two members who are not licensed to
 15 24 practice chiropractic and who shall represent the general
 15 25 public.  A majority of the members of the board shall
 15 26 constitute a quorum.
 15 27    9.  For speech pathology and audiology examiners, five
 15 28 members licensed to practice speech pathology or audiology at
 15 29 least two of which shall be licensed to practice speech
 15 30 pathology and at least two of which shall be licensed to
 15 31 practice audiology, and two members who are not licensed to
 15 32 practice speech pathology or audiology and who shall represent
 15 33 the general public.  A majority of the members of the board
 15 34 shall constitute a quorum.
 15 35    10.  For physical therapy and occupational therapy, three
 16  1 members licensed to practice physical therapy, two members
 16  2 licensed to practice occupational therapy, and two members who
 16  3 are not licensed to practice physical therapy or occupational
 16  4 therapy and who shall represent the general public.  A quorum
 16  5 shall consist of a majority of the members of the board.
 16  6    11.  For dietetic examiners dietetics, one licensed
 16  7 dietitian representing the approved or accredited dietetic
 16  8 education programs, one licensed dietitian representing
 16  9 clinical dietetics in hospitals, one licensed dietitian
 16 10 representing community nutrition services and two members who
 16 11 are not licensed dietitians and who shall represent the
 16 12 general public.  A majority of the members of the board
 16 13 constitutes a quorum.
 16 14    12.  For the board of physician assistant examiners
 16 15 assistants, three members licensed to practice as physician
 16 16 assistants, at least two of whom practice in counties with a
 16 17 population of less than fifty thousand, one member licensed to
 16 18 practice medicine and surgery who supervises a physician
 16 19 assistant, one member licensed to practice osteopathic
 16 20 medicine and surgery who supervises a physician assistant, and
 16 21 two members who are not licensed to practice either medicine
 16 22 and surgery or osteopathic medicine and surgery or licensed as
 16 23 a physician assistant and who shall represent the general
 16 24 public.  At least one of the physician members shall be in
 16 25 practice in a county with a population of less than fifty
 16 26 thousand.  A majority of members of the board constitutes a
 16 27 quorum.
 16 28    13.  For behavioral science examiners, three members
 16 29 licensed to practice marital and family therapy, one of whom
 16 30 shall be employed in graduate teaching, training, or research
 16 31 in marital and family therapy and two of whom shall be
 16 32 practicing marital and family therapists; three members
 16 33 licensed to practice mental health counseling, one of whom
 16 34 shall be employed in graduate teaching, training, or research
 16 35 in mental health counseling and two of whom shall be
 17  1 practicing mental health counselors; and three members who are
 17  2 not licensed to practice marital and family therapy or mental
 17  3 health counseling and who shall represent the general public.
 17  4 A majority of the members of the board constitutes a quorum.
 17  5    14.  For cosmetology arts and sciences examiners, a total
 17  6 of seven members, three who are licensed cosmetologists, one
 17  7 who is a licensed electrologist, esthetician, or nail
 17  8 technologist, one who is a licensed instructor of cosmetology
 17  9 arts and sciences at a public or private school and who does
 17 10 not own a school of cosmetology arts and sciences, and two who
 17 11 are not licensed in a practice of cosmetology arts and
 17 12 sciences and who shall represent the general public.
 17 13    15.  For respiratory care, one licensed physician with
 17 14 training in respiratory care, three respiratory care
 17 15 practitioners who have practiced respiratory care for a
 17 16 minimum of six years immediately preceding their appointment
 17 17 to the board and who are recommended by the society for
 17 18 respiratory care, and one member not licensed to practice
 17 19 medicine or respiratory care who shall represent the general
 17 20 public.  A majority of members of the board constitutes a
 17 21 quorum.
 17 22    16.  For mortuary science examiners, four members licensed
 17 23 to practice mortuary science, one member owning, operating, or
 17 24 employed by a crematory, and two members not licensed to
 17 25 practice mortuary science and not a crematory owner, operator,
 17 26 or employee who shall represent the general public.  A
 17 27 majority of the members of the board constitutes a quorum.
 17 28    17.  For massage therapists, four members licensed to
 17 29 practice massage therapy and three members who are not
 17 30 licensed to practice massage therapy and who shall represent
 17 31 the general public.  A majority of the members of the board
 17 32 constitutes a quorum.
 17 33    18.  For athletic trainers, three members licensed to
 17 34 practice athletic training, three members licensed to practice
 17 35 medicine and surgery, and one member not licensed to practice
 18  1 athletic training or medicine and surgery and who shall
 18  2 represent the general public.  A majority of the members of
 18  3 the board constitutes a quorum.
 18  4    19.  For podiatry examiners, five members licensed to
 18  5 practice podiatry and two members who are not licensed to
 18  6 practice podiatry and who shall represent the general public.
 18  7 A majority of the members of the board shall constitute a
 18  8 quorum.
 18  9    20.  For social work examiners, a total of seven members,
 18 10 five who are licensed to practice social work, with at least
 18 11 one from each of three levels of licensure described in
 18 12 section 154C.3, subsection 1, two employed by a licensee under
 18 13 chapter 237, and two who are not licensed social workers and
 18 14 who shall represent the general public.
 18 15    21.  For sign language interpreting for the hearing
 18 16 impaired and transliterating, four members licensed to
 18 17 practice interpreting and transliterating, three of whom shall
 18 18 be practicing interpreters and transliterators at the time of
 18 19 appointment to the board and at least one of whom is employed
 18 20 in an educational setting; and three members who are consumers
 18 21 of interpreting or transliterating services as defined in
 18 22 section 154E.1, each of whom shall be deaf.  A majority of
 18 23 members of the board constitutes a quorum.
 18 24    22.  For hearing aid dispensers, three licensed hearing aid
 18 25 dispensers and two members who are not licensed hearing aid
 18 26 dispensers who shall represent the general public.  A majority
 18 27 of the members of the board constitutes a quorum.
 18 28    23.  For nursing home administrators, a total of nine
 18 29 members:  Four licensed nursing home administrators, one of
 18 30 whom is the administrator of a nonproprietary nursing home;
 18 31 three licensed members of any profession concerned with the
 18 32 care and treatment of chronically ill or elderly patients who
 18 33 are not nursing home administrators or nursing home owners;
 18 34 and two members of the general public who are not licensed
 18 35 under chapter 147, have no financial interest in any nursing
 19  1 home, and who shall represent the general public.  A majority
 19  2 of the members of the board constitutes a quorum.
 19  3    Sec. 34.  Section 147.16, Code 2007, is amended to read as
 19  4 follows:
 19  5    147.16  EXAMINERS BOARD MEMBERS.
 19  6    Each licensed examiner board member shall be actively
 19  7 engaged in the practice or the instruction of the examiner's
 19  8 board member's profession and shall have been so engaged for a
 19  9 period of five years just preceding the examiner's board
 19 10 member's appointment, the last two of which shall be in this
 19 11 state.
 19 12    However, each licensed physician assistant member of the
 19 13 board of physician assistant examiners assistants shall be
 19 14 actively engaged in practice as a physician assistant and
 19 15 shall have been so engaged for a period of three years just
 19 16 preceding the member's appointment, the last year of which
 19 17 shall be in this state.
 19 18    Sec. 35.  Section 147.18, Code 2007, is amended to read as
 19 19 follows:
 19 20    147.18  DISQUALIFICATIONS.
 19 21    No examiner A board member shall not be connected in any
 19 22 manner with any wholesale or jobbing house dealing in supplies
 19 23 or have a financial interest in or be an instructor at a
 19 24 proprietary school.
 19 25    Sec. 36.  Section 147.19, Code 2007, is amended to read as
 19 26 follows:
 19 27    147.19  TERMS OF OFFICE.
 19 28    The board members shall serve three=year terms, which shall
 19 29 commence and end as provided by section 69.19.  Any vacancy in
 19 30 the membership of an examining a board shall be filled by
 19 31 appointment of the governor subject to senate confirmation.  A
 19 32 member shall serve no more than three terms or nine years.
 19 33    Sec. 37.  Section 147.20, Code 2007, is amended to read as
 19 34 follows:
 19 35    147.20  NOMINATION OF EXAMINERS BOARD MEMBERS.
 20  1    The regular state association or society for each
 20  2 profession may recommend the names of potential board members
 20  3 to the governor, but the governor shall not be bound by the
 20  4 recommendations.
 20  5    Sec. 38.  Section 147.22, Code 2007, is amended to read as
 20  6 follows:
 20  7    147.22  OFFICERS.
 20  8    Each examining board shall organize annually and shall
 20  9 select a chairperson and a secretary from its own membership.
 20 10    Sec. 39.  Section 147.24, Code 2007, is amended to read as
 20 11 follows:
 20 12    147.24  COMPENSATION.
 20 13    Members of an examining a board shall receive actual
 20 14 expenses for their duties as a member of the examining board.
 20 15 Each member of each board may also be eligible to receive
 20 16 compensation as provided in section 7E.6.  The funds shall be
 20 17 appropriated to the department and allocated to each examining
 20 18 board within the limits of funds.
 20 19    Sec. 40.  Section 147.25, unnumbered paragraphs 3 and 4,
 20 20 Code 2007, are amended to read as follows:
 20 21    Examining boards Boards collecting information necessary
 20 22 for the division for records and statistics to carry out the
 20 23 provisions of this section shall provide the department with
 20 24 the information which may be gathered by means including, but
 20 25 not limited to, questionnaires forwarded to applicants for a
 20 26 license or renewal of a license.
 20 27    In addition to any other fee provided by law, a fee may be
 20 28 set by the respective examining boards for each license and
 20 29 renewal of a license to practice a profession, which fee shall
 20 30 be based on the annual cost of collecting information for use
 20 31 by the department in the administration of the system of
 20 32 health personnel statistics established by this section.  The
 20 33 fee shall be collected, transmitted to the treasurer of state,
 20 34 and deposited in the general fund of the state in the manner
 20 35 in which license and renewal fees of the respective
 21  1 professions are collected, transmitted, and deposited in the
 21  2 general fund.
 21  3    Sec. 41.  Section 147.26, Code 2007, is amended to read as
 21  4 follows:
 21  5    147.26  SUPPLIES AND EXAMINATION QUARTERS.
 21  6    The department shall furnish each examining board with all
 21  7 articles and supplies required for the public use and
 21  8 necessary to enable said the board to perform the duties
 21  9 imposed upon it by law.  Such articles and supplies shall be
 21 10 obtained by the department in the same manner in which the
 21 11 regular supplies for the department are obtained and the cost
 21 12 shall be assessed to the examining board.  The director of the
 21 13 department of administrative services shall furnish each
 21 14 examining board with suitable quarters in which to conduct the
 21 15 examination and the cost of the quarters shall be assessed to
 21 16 the examining board.
 21 17    Sec. 42.  Section 147.28, Code 2007, is amended to read as
 21 18 follows:
 21 19    147.28  NATIONAL ORGANIZATION.
 21 20    Each examining board may maintain a membership in the
 21 21 national organization of the state examining regulatory boards
 21 22 of its profession to be paid from funds appropriated to the
 21 23 board.
 21 24    Sec. 43.  Section 147.28A, Code 2007, is amended to read as
 21 25 follows:
 21 26    147.28A  SCOPE OF PRACTICE REVIEW COMMITTEES == FUTURE
 21 27 REPEAL.
 21 28    1.  The department shall utilize scope of practice review
 21 29 committees to evaluate and make recommendations to the general
 21 30 assembly and to the appropriate examining boards regarding all
 21 31 of the following issues:
 21 32    a.  Requests from practitioners seeking to become newly
 21 33 licensed health professionals or to establish their own
 21 34 examining boards.
 21 35    b.  Requests from health professionals seeking to expand or
 22  1 narrow the scope of practice of a health profession.
 22  2    c.  Unresolved administrative rulemaking disputes between
 22  3 examining boards.
 22  4    2.  A scope of practice review committee established under
 22  5 this section shall evaluate the issues specified in subsection
 22  6 1 and make recommendations regarding proposed changes to the
 22  7 general assembly based on the following standards and
 22  8 guidelines:
 22  9    a.  The proposed change does not pose a significant new
 22 10 danger to the public.
 22 11    b.  Enacting the proposed change will benefit the health,
 22 12 safety, or welfare of the public.
 22 13    c.  The public cannot be effectively protected by other
 22 14 more cost=effective means.
 22 15    3.  A scope of practice review committee shall be limited
 22 16 to five members as follows:
 22 17    a.  One member representing the profession seeking
 22 18 licensure, a new examining board, or a change in scope of
 22 19 practice.
 22 20    b.  One member of the health profession directly impacted
 22 21 by, or opposed to, the proposed change.
 22 22    c.  One impartial health professional who is not directly
 22 23 or indirectly affected by the proposed change.
 22 24    d.  Two impartial members of the general public.
 22 25    4.  The department may contract with a school or college of
 22 26 public health to assist in implementing administering this
 22 27 section.
 22 28    5.  The department shall submit an annual progress report
 22 29 to the governor and the general assembly by January 15 and
 22 30 shall include any recommendations for legislative action as a
 22 31 result of review committee activities.
 22 32    6.  The department shall adopt rules in accordance with
 22 33 chapter 17A to implement administer this section.
 22 34    7.  This section is repealed July 1, 2007.
 22 35    Sec. 44.  Section 147.33, Code 2007, is amended to read as
 23  1 follows:
 23  2    147.33  PROFESSIONAL SCHOOLS.
 23  3    As a basis for such action on the part of the examining
 23  4 board, the registrar of the state university of Iowa and the
 23  5 dean of the professional school of said institution which
 23  6 teaches the profession for which said the board gives license
 23  7 examinations, shall supply such data relative to any such
 23  8 professional school as said the board may request.
 23  9    Sec. 45.  Section 147.34, Code 2007, is amended to read as
 23 10 follows:
 23 11    147.34  EXAMINATIONS.
 23 12    Examinations for each profession licensed under this
 23 13 subtitle shall be conducted at least one time per year at such
 23 14 time as the department may fix in cooperation with each
 23 15 examining board.  Examinations may be given at the state
 23 16 university of Iowa at the close of each school year for
 23 17 professions regulated by this subtitle and examinations may be
 23 18 given at other schools located in the state at which any of
 23 19 the professions regulated by this subtitle are taught.  At
 23 20 least one session of each examining board shall be held
 23 21 annually at the seat of government and the locations of other
 23 22 sessions shall be determined by the examining board, unless
 23 23 otherwise ordered by the department.  Applicants who fail to
 23 24 pass the examination once shall be allowed to take the
 23 25 examination at the next scheduled time.  Thereafter,
 23 26 applicants shall be allowed to take the examination at the
 23 27 discretion of the board.  Examinations may be given by an
 23 28 examining a board which are prepared and scored by persons
 23 29 outside the state, and examining boards may contract for such
 23 30 services.  An examining A board may make an agreement with
 23 31 examining boards in other states for administering a uniform
 23 32 examination.  An applicant who has failed an examination may
 23 33 request in writing information from the examining board
 23 34 concerning the examination grade and subject areas or
 23 35 questions which the applicant failed to answer correctly,
 24  1 except that if the examining board administers a uniform,
 24  2 standardized examination, the examining board shall only be
 24  3 required to provide the examination grade and such other
 24  4 information concerning the applicant's examination results
 24  5 which are available to the examining board.
 24  6    Sec. 46.  Section 147.35, Code 2007, is amended to read as
 24  7 follows:
 24  8    147.35  NAMES OF ELIGIBLE CANDIDATES.
 24  9    Prior to each examination the department shall transmit to
 24 10 each examining board the list of candidates who are eligible
 24 11 to take the examination given by such board.  In making up
 24 12 such list the department may call upon any examining board, or
 24 13 any member thereof, for information relative to the
 24 14 eligibility of any applicant.
 24 15    Sec. 47.  Section 147.36, unnumbered paragraph 1, Code
 24 16 2007, is amended to read as follows:
 24 17    Each examining board shall establish rules for:
 24 18    Sec. 48.  Section 147.37, Code 2007, is amended to read as
 24 19 follows:
 24 20    147.37  IDENTITY OF CANDIDATE CONCEALED.
 24 21    All examinations in theory shall be in writing, and the
 24 22 identity of the person taking the same shall not be disclosed
 24 23 upon the examination papers in such a way as to enable the
 24 24 members of the examining board to know by whom written until
 24 25 after the papers have been passed upon.  In examinations in
 24 26 practice the identity of the candidate shall also be concealed
 24 27 as far as possible.
 24 28    Sec. 49.  Section 147.39, Code 2007, is amended to read as
 24 29 follows:
 24 30    147.39  CLERK.
 24 31    Upon the request of any examining board, the department
 24 32 shall detail some employee to act as clerk of any examination
 24 33 given by said examining the board.  Such clerk shall have
 24 34 charge of the candidates during the examination and perform
 24 35 such other duties as the examining board may direct.  If the
 25  1 duties of such clerk are performed away from the seat of
 25  2 government, the clerk shall receive necessary travel and
 25  3 expenses, which shall be paid from the appropriations to the
 25  4 examining board in the same manner in which other similar
 25  5 expenses are paid.  The department shall be reimbursed by the
 25  6 examining board for costs incurred.
 25  7    Sec. 50.  Section 147.40, Code 2007, is amended to read as
 25  8 follows:
 25  9    147.40  CERTIFICATION OF APPLICANTS.
 25 10    Every examination shall be passed upon in accordance with
 25 11 the established rules of the examining board and shall be
 25 12 satisfactory to at least a majority of the professional
 25 13 members of the board.  In the case of the board of dental
 25 14 examiners dentistry, only licensed dentist members of the
 25 15 board shall determine whether an applicant has passed the
 25 16 examination to practice as a licensed dentist.  After each
 25 17 examination, the examining board shall certify the names of
 25 18 the successful applicants to the department in the manner
 25 19 prescribed by it.  The department shall then issue the proper
 25 20 license.
 25 21    Sec. 51.  Section 147.41, unnumbered paragraph 1, Code
 25 22 2007, is amended to read as follows:
 25 23    Any examining board may provide for a partial examination
 25 24 for a license to practice a profession to any applicant who
 25 25 has completed a portion of the professional course.  For such
 25 26 purpose said the board shall establish by rule:
 25 27    Sec. 52.  Section 147.42, Code 2007, is amended to read as
 25 28 follows:
 25 29    147.42  RULES RELATIVE TO PARTIAL EXAMINATIONS.
 25 30    In case any examining If a board shall provide provides for
 25 31 partial examinations under section 147.41, the department
 25 32 shall adopt rules establishing:
 25 33    1.  The portion of the license fee fixed in this chapter
 25 34 which shall be paid for a partial examination.
 25 35    2.  The credentials which shall be presented to the
 26  1 department by an applicant showing the applicant's
 26  2 qualifications to take such examination.
 26  3    3.  The method of certifying the list of the eligible
 26  4 applicants for such examination to the proper examining
 26  5 appropriate board.
 26  6    4.  The method of certifying back to the department the
 26  7 list of applicants who successfully pass such examination.
 26  8    5.  The method of keeping the records of such applicants
 26  9 for use at the time of completing the examination for a
 26 10 license.
 26 11    6.  The credentials which shall be presented to the
 26 12 department by such an applicant upon the completion of the
 26 13 professional course.
 26 14    7.  The method of certifying such applicant to the proper
 26 15 examining board for the remainder of the examination.
 26 16    8.  Such other matters of procedure as are necessary to
 26 17 carry into effect section 147.41.
 26 18    Sec. 53.  Section 147.44, Code 2007, is amended to read as
 26 19 follows:
 26 20    147.44  AGREEMENTS.
 26 21    For the purpose of recognizing licenses which have been
 26 22 issued in other states to practice any profession for which a
 26 23 license is required by this subtitle, the department shall
 26 24 enter into a reciprocal agreement with every state which is
 26 25 certified to it the department by the proper examining
 26 26 appropriate board under the provisions of section 147.45 and
 26 27 with which this state does not have an existing agreement at
 26 28 the time of such certification.
 26 29    Sec. 54.  Section 147.45, Code 2007, is amended to read as
 26 30 follows:
 26 31    147.45  STATES ENTITLED TO RECIPROCAL RELATIONS.
 26 32    The department shall at least once each year lay before the
 26 33 proper examining appropriate board the requirements of the
 26 34 several states for a license to practice the profession for
 26 35 which such examining the board conducts examinations for
 27  1 licenses in this state.  Said examining The board shall
 27  2 immediately examine such requirements and after making such
 27  3 other inquiries as it deems necessary, shall certify to the
 27  4 department the states having substantially equivalent
 27  5 requirements to those existing in this state for that
 27  6 particular profession and with which said examining the board
 27  7 desires this state to enter into reciprocal relations.
 27  8    Sec. 55.  Section 147.46, subsection 2, Code 2007, is
 27  9 amended to read as follows:
 27 10    2.  SPECIAL CONDITIONS.  When any examining board has
 27 11 established by rule any special condition upon which
 27 12 reciprocal agreements shall be entered into, as provided in
 27 13 section 147.47, such condition shall be incorporated into the
 27 14 reciprocal agreements negotiated with reference to licenses to
 27 15 practice the professions for which such examining the board
 27 16 conducts examinations.
 27 17    Sec. 56.  Section 147.47, Code 2007, is amended to read as
 27 18 follows:
 27 19    147.47  SPECIAL CONDITIONS.
 27 20    An examining A board shall have power to provide by rule
 27 21 that no reciprocal relation shall be entered into by the
 27 22 department with any state with reference to licenses to
 27 23 practice the profession for which such examining the board
 27 24 conducts examinations, unless every person licensed in another
 27 25 state when applying for a license to practice in this state
 27 26 shall comply with one or both of the following conditions:
 27 27    1.  Furnish satisfactory proof to the department that the
 27 28 person has been actively engaged in the practice of the
 27 29 profession for a certain period of years to be fixed by such
 27 30 examining the board.
 27 31    2.  Pass a practical examination in the practice of the
 27 32 person's particular profession as prescribed by such examining
 27 33 the board.
 27 34    Sec. 57.  Section 147.48, Code 2007, is amended to read as
 27 35 follows:
 28  1    147.48  TERMINATION OF AGREEMENTS.
 28  2    When If the requirements for a license in any state with
 28  3 which this state has a reciprocal agreement are changed by any
 28  4 law or rule of the authorities therein in that state so that
 28  5 such requirements are no longer substantially as high as those
 28  6 existing in this state, then such the agreement shall be
 28  7 deemed terminated and licenses issued in such that state shall
 28  8 not be recognized as a basis of granting a license in this
 28  9 state until a new agreement has been negotiated.  The fact of
 28 10 such change shall be determined by the proper examining
 28 11 appropriate board and certified to the department for its
 28 12 guidance in enforcing the provisions of this section.
 28 13    Sec. 58.  Section 147.49, Code 2007, is amended to read as
 28 14 follows:
 28 15    147.49  LICENSE OF ANOTHER STATE.
 28 16    The department shall, upon presentation of a license to
 28 17 practice a profession issued by the duly constituted authority
 28 18 of another state, with which this state has established
 28 19 reciprocal relations, and subject to the rules of the
 28 20 examining board for such profession, license said the
 28 21 applicant to practice in this state, unless under the rules of
 28 22 said examining the board a practical examination is required
 28 23 in such cases.  The department may, upon the recommendation of
 28 24 the medical examiners board of medicine, accept in lieu of the
 28 25 examination prescribed in section 148.3 or section 150A.3 a
 28 26 license to practice medicine and surgery or osteopathic
 28 27 medicine and surgery, issued by the duly constituted authority
 28 28 of another state, territory, or foreign country.  Endorsement
 28 29 may be accepted by the department in lieu of further written
 28 30 examination without regard to the existence or nonexistence of
 28 31 a reciprocal agreement, but shall not be in lieu of the
 28 32 standards and qualifications prescribed by section 148.3 or
 28 33 section 150A.3.
 28 34    Sec. 59.  Section 147.50, Code 2007, is amended to read as
 28 35 follows:
 29  1    147.50  PRACTICAL EXAMINATIONS.
 29  2    If the rules of any examining board require an applicant
 29  3 for a license under a reciprocal agreement to pass a practical
 29  4 examination in the practice of the applicant's profession,
 29  5 then such the applicant shall make application therefore for
 29  6 the license to the department upon a form provided by it the
 29  7 department.
 29  8    Sec. 60.  Section 147.53, Code 2007, is amended to read as
 29  9 follows:
 29 10    147.53  POWER TO ADOPT RULES.
 29 11    The department and each examining board shall have power to
 29 12 establish the adopt necessary rules, not inconsistent with
 29 13 law, for carrying out the reciprocal relations with other
 29 14 states which are authorized by this chapter.
 29 15    Sec. 61.  Section 147.74, subsections 7, 15, and 22, Code
 29 16 2007, are amended to read as follows:
 29 17    7.  A graduate of a school accredited on by the board of
 29 18 optometric examiners optometry may use the prefix "Doctor",
 29 19 but shall add after the person's name the letters "O. D."
 29 20    15.  A pharmacist who possesses a doctoral degree
 29 21 recognized by the American council of pharmaceutical education
 29 22 from a college of pharmacy approved by the board of pharmacy
 29 23 examiners or a doctor of philosophy degree in an area related
 29 24 to pharmacy may use the prefix "Doctor" or "Dr." but shall add
 29 25 after the person's name the word "pharmacist" or "Pharm. D."
 29 26    22.  An A sign language interpreter licensed under chapter
 29 27 154E and this chapter may use the title "licensed sign
 29 28 language interpreter" or the letters "L. I." after the
 29 29 person's name.
 29 30    Sec. 62.  Section 147.76, Code 2007, is amended to read as
 29 31 follows:
 29 32    147.76  RULES.
 29 33    The examining boards for the various professions shall
 29 34 adopt all necessary and proper rules to implement administer
 29 35 and interpret this chapter and chapters 147A through 158,
 30  1 except chapter 148D.
 30  2    Sec. 63.  Section 147.80, Code 2007, is amended to read as
 30  3 follows:
 30  4    147.80  LICENSE == EXAMINATION == FEES.
 30  5    An examining Each board shall set the fees for the
 30  6 examination of applicants, which fees shall be based upon the
 30  7 cost of administering the examinations.  An examining A board
 30  8 shall set the license fees and renewal fees required for any
 30  9 of the following based upon the cost of sustaining the board
 30 10 and the actual costs of licensing:
 30 11    1.  License to practice dentistry issued upon the basis of
 30 12 an examination given by the board of dental examiners
 30 13 dentistry, license to practice dentistry issued under a
 30 14 reciprocal agreement, resident dentist's license, renewal of a
 30 15 license to practice dentistry.
 30 16    2.  License to practice pharmacy issued upon the basis of
 30 17 an examination given by the board of pharmacy examiners,
 30 18 license to practice pharmacy issued under a reciprocal
 30 19 agreement, renewal of a license to practice pharmacy.
 30 20    3.  License to practice medicine and surgery, osteopathic
 30 21 medicine and surgery, or osteopathy and renewal of a license
 30 22 to practice medicine and surgery, osteopathic medicine and
 30 23 surgery, or osteopathy.
 30 24    4.  Certificate to practice psychology or associate
 30 25 psychology issued on the basis of an examination given by the
 30 26 board of psychology examiners, or certificate to practice
 30 27 psychology or associate psychology issued under a reciprocity
 30 28 agreement or by endorsement, renewal of a certificate to
 30 29 practice psychology or associate psychology.
 30 30    5.  Application for a license to practice as a physician
 30 31 assistant, issuance of a license to practice as a physician
 30 32 assistant issued upon the basis of an examination given or
 30 33 approved by the board of physician assistant examiners
 30 34 assistants, issuance of a license to practice as a physician
 30 35 assistant issued under a reciprocal agreement, renewal of a
 31  1 license to practice as a physician assistant, temporary
 31  2 license to practice as a physician assistant.
 31  3    6.  License to practice chiropractic issued on the basis of
 31  4 an examination given by the board of chiropractic examiners.
 31  5 License to practice chiropractic issued by endorsement or
 31  6 under a reciprocal agreement, renewal of a license to practice
 31  7 chiropractic.
 31  8    7.  License to practice podiatry issued upon the basis of
 31  9 an examination given by the board of podiatry examiners,
 31 10 license to practice podiatry issued under a reciprocal
 31 11 agreement, renewal of a license to practice podiatry.
 31 12    8.  License to practice physical therapy issued upon the
 31 13 basis of an examination given by the board of physical and
 31 14 occupational therapy examiners, license to practice physical
 31 15 therapy issued under a reciprocal agreement, renewal of a
 31 16 license to practice physical therapy.
 31 17    9.  License to practice as a physical therapist assistant
 31 18 issued on the basis of an examination given by the board of
 31 19 physical and occupational therapy examiners, license to
 31 20 practice as a physical therapist assistant issued under a
 31 21 reciprocal agreement, renewal of a license to practice as a
 31 22 physical therapist assistant.
 31 23    10.  For a license to practice optometry issued upon the
 31 24 basis of an examination given by the board of optometry
 31 25 examiners, license to practice optometry issued under a
 31 26 reciprocal agreement, renewal of a license to practice
 31 27 optometry.
 31 28    11.  License to practice dental hygiene issued upon the
 31 29 basis of an examination given by the board of dental examiners
 31 30 dentistry, license to practice dental hygiene issued under a
 31 31 reciprocal agreement, renewal of a license to practice dental
 31 32 hygiene.
 31 33    12.  License to practice mortuary science issued upon the
 31 34 basis of an examination given by the board of mortuary science
 31 35 examiners, license to practice mortuary science issued under a
 32  1 reciprocal agreement, renewal of a license to practice
 32  2 mortuary science.
 32  3    13.  License to practice nursing issued upon the basis of
 32  4 an examination given by the board of nursing; license to
 32  5 practice nursing based on an endorsement from another state,
 32  6 territory, or foreign country; renewal of a license to
 32  7 practice nursing.
 32  8    14.  A nurse who does not engage in nursing during the year
 32  9 succeeding the expiration of the license shall notify the
 32 10 board to place the nurse upon the inactive list and the nurse
 32 11 shall not be required to pay the renewal fee so long as the
 32 12 nurse remains inactive and so notifies the board.  To resume
 32 13 nursing, the nurse shall notify the board and remit the
 32 14 renewal fee for the current period.
 32 15    15.  License to practice cosmetology arts and sciences
 32 16 issued upon the basis of an examination given by the board of
 32 17 cosmetology arts and sciences examiners, license to practice
 32 18 cosmetology arts and sciences under a reciprocal agreement,
 32 19 renewal of a license to practice cosmetology arts and
 32 20 sciences, temporary permit to practice as a cosmetology arts
 32 21 and sciences trainee, original license to conduct a school of
 32 22 cosmetology arts and sciences, renewal of license to conduct a
 32 23 school of cosmetology arts and sciences, original license to
 32 24 operate a salon, renewal of a license to operate a salon,
 32 25 original license to practice manicuring and pedicuring,
 32 26 renewal of a license to practice manicuring and pedicuring,
 32 27 annual inspection of a school of cosmetology arts and
 32 28 sciences, annual inspection of a salon, original cosmetology
 32 29 arts and sciences school instructor's license, and renewal of
 32 30 cosmetology arts and sciences school instructor's license.
 32 31    16.  License to practice barbering on the basis of an
 32 32 examination given by the board of barber examiners barbering,
 32 33 license to practice barbering under a reciprocal agreement,
 32 34 renewal of a license to practice barbering, annual inspection
 32 35 by the department of inspections and appeals of barber school
 33  1 and annual inspection of barber shop, an original barber
 33  2 school license, renewal of a barber school license, transfer
 33  3 of license upon change of ownership of a barber shop or barber
 33  4 school, inspection by the department of inspections and
 33  5 appeals and an original barber shop license, renewal of a
 33  6 barber shop license, original barber school instructor's
 33  7 license, renewal of a barber school instructor's license.
 33  8    17.  License to practice speech pathology or audiology
 33  9 issued on the basis of an examination given by the board of
 33 10 speech pathology and audiology, or license to practice speech
 33 11 pathology or audiology issued under a reciprocity agreement,
 33 12 renewal of a license to practice speech pathology or
 33 13 audiology.
 33 14    18.  License to practice occupational therapy issued upon
 33 15 the basis of an examination given by the board of physical and
 33 16 occupational therapy examiners, license to practice
 33 17 occupational therapy issued under a reciprocal agreement,
 33 18 renewal of a license to practice occupational therapy.
 33 19    19.  License to assist in the practice of occupational
 33 20 therapy issued upon the basis of an examination given by the
 33 21 board of physical and occupational therapy examiners, license
 33 22 to assist in the practice of occupational therapy issued under
 33 23 a reciprocal agreement, renewal of a license to assist in the
 33 24 practice of occupational therapy.
 33 25    20.  License to practice social work issued on the basis of
 33 26 an examination by the board of social work examiners, or
 33 27 license to practice social work issued under a reciprocity
 33 28 agreement, or renewal of a license to practice social work.
 33 29    21.  License to practice marital and family therapy issued
 33 30 upon the basis of an examination given by the board of
 33 31 behavioral science examiners, license to practice marital and
 33 32 family therapy issued under a reciprocal agreement, or renewal
 33 33 of a license to practice marital and family therapy.
 33 34    22.  License to practice mental health counseling issued
 33 35 upon the basis of an examination given by the board of
 34  1 behavioral science examiners, license to practice mental
 34  2 health counseling issued under a reciprocal agreement, or
 34  3 renewal of a license to practice mental health counseling.
 34  4    23.  License to practice dietetics issued upon the basis of
 34  5 an examination given by the board of dietetic examiners
 34  6 dietetics, license to practice dietetics issued under a
 34  7 reciprocal agreement, or renewal of a license to practice
 34  8 dietetics.
 34  9    24.  License to practice acupuncture, license to practice
 34 10 acupuncture under a reciprocal agreement, or renewal of a
 34 11 license to practice acupuncture.
 34 12    25.  License to practice respiratory care, license to
 34 13 practice respiratory care under a reciprocal license, or
 34 14 renewal of a license to practice respiratory care.
 34 15    26.  License to practice massage therapy, license to
 34 16 practice massage therapy under a reciprocal license, or
 34 17 renewal of a license to practice massage therapy.
 34 18    27.  License to practice athletic training, license to
 34 19 practice athletic training under a reciprocal license, or
 34 20 renewal of a license to practice athletic training.
 34 21    28.  Registration to practice as a dental assistant,
 34 22 registration to practice as a dental assistant under a
 34 23 reciprocal agreement, or renewal of registration to practice
 34 24 as a dental assistant.
 34 25    29.  License to practice sign language interpreting and
 34 26 transliterating, license to practice sign language
 34 27 interpreting and transliterating under a reciprocal license,
 34 28 or renewal of a license to practice sign language interpreting
 34 29 and transliterating.
 34 30    30.  License to practice hearing aid dispensing, license to
 34 31 practice hearing aid dispensing under a reciprocal license, or
 34 32 renewal of a license to practice hearing aid dispensing.
 34 33    31.  License to practice nursing home administration,
 34 34 license to practice nursing home administration under a
 34 35 reciprocal license, or renewal of a license to practice
 35  1 nursing home administration.
 35  2    32.  For a certified statement that a licensee is licensed
 35  3 in this state.
 35  4    33.  Duplicate license, which shall be so designated on its
 35  5 face, upon satisfactory proof the original license issued by
 35  6 the department has been destroyed or lost.
 35  7    The licensing and certification division shall prepare
 35  8 estimates of projected revenues to be generated by the
 35  9 licensing, certification, and examination fees of each board
 35 10 as well as a projection of the fairly apportioned
 35 11 administrative costs and rental expenses attributable to each
 35 12 board.  Each board shall annually review and adjust its
 35 13 schedule of fees so that, as nearly as possible, projected
 35 14 revenues equal projected costs and any imbalance in revenues
 35 15 and costs in a fiscal year is offset in a subsequent fiscal
 35 16 year.
 35 17    The board of medical examiners medicine, the board of
 35 18 pharmacy examiners, the board of dental examiners dentistry,
 35 19 and the board of nursing shall retain individual executive
 35 20 officers, but shall make every effort to share administrative,
 35 21 clerical, and investigative staffs to the greatest extent
 35 22 possible.  The department shall annually submit a status
 35 23 report to the general assembly in December regarding the
 35 24 sharing of staff during the previous fiscal year.
 35 25    Sec. 64.  Section 147.87, Code 2007, is amended to read as
 35 26 follows:
 35 27    147.87  ENFORCEMENT.
 35 28    The department shall enforce the provisions of this and the
 35 29 following chapters of this subtitle and for that purpose may
 35 30 request the department of inspections and appeals to make
 35 31 necessary investigations.  Every licensee and member of an
 35 32 examining a board shall furnish the department or the
 35 33 department of inspections and appeals such evidence as the
 35 34 member or licensee may have relative to any alleged violation
 35 35 which is being investigated.
 36  1    Sec. 65.  Section 147.88, Code 2007, is amended to read as
 36  2 follows:
 36  3    147.88  INSPECTIONS.
 36  4    The department of inspections and appeals may perform
 36  5 inspections as required by this subtitle, except for the board
 36  6 of medical examiners medicine, board of pharmacy examiners,
 36  7 board of nursing, and the board of dental examiners dentistry.
 36  8 The department of inspections and appeals shall employ
 36  9 personnel related to the inspection functions.
 36 10    Sec. 66.  Section 147.89, unnumbered paragraph 1, Code
 36 11 2007, is amended to read as follows:
 36 12    Every licensee and member of an examining a board shall
 36 13 report, also, to the department the name of every person,
 36 14 without a license, that the member or licensee has reason to
 36 15 believe is engaged in:
 36 16    Sec. 67.  Section 147.91, subsection 3, Code 2007, is
 36 17 amended to read as follows:
 36 18    3.  The rules of the examining board relative to
 36 19 examinations.
 36 20    Sec. 68.  Section 147.94, subsections 1, 2, 3, and 4, Code
 36 21 2007, are amended to read as follows:
 36 22    1.  Every application for a license to practice pharmacy
 36 23 shall be made to the secretary executive director of the board
 36 24 of pharmacy examiners.
 36 25    2.  A license and all renewals of a license shall be issued
 36 26 by the board of pharmacy examiners.
 36 27    3.  Every reciprocal agreement for the recognition of any
 36 28 license issued in another state shall be negotiated by the
 36 29 board of pharmacy examiners.
 36 30    4.  All records in connection with the licensing of
 36 31 pharmacists shall be kept by the secretary executive director
 36 32 of the board of pharmacy examiners.
 36 33    Sec. 69.  Section 147.95, Code 2007, is amended to read as
 36 34 follows:
 36 35    147.95  ENFORCEMENT == AGENTS AS PEACE OFFICERS.
 37  1    The provisions of this subtitle insofar as they affect the
 37  2 practice of pharmacy shall be enforced by the board of
 37  3 pharmacy examiners and the provisions of sections 147.87,
 37  4 147.88, and 147.89 shall not apply to said profession.
 37  5 Officers, agents, inspectors, and representatives of the board
 37  6 of pharmacy examiners shall have the powers and status of
 37  7 peace officers when enforcing the provisions of this subtitle.
 37  8    Sec. 70.  Section 147.96, Code 2007, is amended to read as
 37  9 follows:
 37 10    147.96  BOARD OF PHARMACY EXAMINERS.
 37 11    In discharging the duties and exercising the powers
 37 12 provided for in sections 147.94 and 147.95, the board of
 37 13 pharmacy examiners and their secretary the executive director
 37 14 of the board shall be governed by all the provisions of this
 37 15 chapter which govern the department when discharging a similar
 37 16 duty or exercising a similar power with reference to any of
 37 17 the professions regulated by this subtitle.
 37 18    Sec. 71.  Section 147.98, Code 2007, is amended to read as
 37 19 follows:
 37 20    147.98  SECRETARY OF PHARMACY EXAMINERS EXECUTIVE DIRECTOR
 37 21 OF THE BOARD OF PHARMACY.
 37 22    The board of pharmacy examiners shall have the right to may
 37 23 employ a full=time secretary executive director, who shall not
 37 24 be a member of the examining board, at such compensation as
 37 25 may be fixed pursuant to chapter 8A, subchapter IV, but the
 37 26 provisions of section 147.22 providing for a secretary for
 37 27 each examining board shall not apply to the board of pharmacy
 37 28 examiners.
 37 29    Sec. 72.  Section 147.99, Code 2007, is amended to read as
 37 30 follows:
 37 31    147.99  DUTIES OF SECRETARY EXECUTIVE DIRECTOR.
 37 32    The secretary executive director of the board of pharmacy
 37 33 examiners shall, upon the direction of the board, make
 37 34 inspections of alleged violations of the provisions of this
 37 35 subtitle relative to the practice of pharmacy and of chapters
 38  1 124, 126, and 205.  The secretary executive director shall be
 38  2 allowed necessary traveling and hotel expenses in making such
 38  3 inspections.
 38  4    Sec. 73.  Section 147.100, Code 2007, is amended to read as
 38  5 follows:
 38  6    147.100  EXPIRATIONS AND RENEWALS.
 38  7    Licenses shall expire in multiyear intervals as determined
 38  8 by the examining each board.  A person who fails to renew a
 38  9 license by the expiration date shall be allowed to do so
 38 10 within thirty days following its expiration, but the examining
 38 11 board may assess a reasonable penalty.
 38 12    Sec. 74.  Section 147.102, Code 2007, is amended to read as
 38 13 follows:
 38 14    147.102  PSYCHOLOGISTS, CHIROPRACTORS, AND DENTISTS.
 38 15    Notwithstanding the provisions of this subtitle, every
 38 16 application for a license to practice psychology,
 38 17 chiropractic, or dentistry shall be made directly to the
 38 18 chairperson, executive director, or secretary of the examining
 38 19 board of such profession, and every reciprocal agreement for
 38 20 the recognition of any such license issued in another state
 38 21 shall be negotiated by the examining board for such
 38 22 profession.  All examination, license, and renewal fees
 38 23 received from persons licensed to practice any of such
 38 24 professions shall be paid to and collected by the chairperson,
 38 25 executive director, or secretary of the examining board of
 38 26 such profession.  The salary of the secretary shall be
 38 27 established by the governor with the approval of the executive
 38 28 council pursuant to section 8A.413, subsection 2, under the
 38 29 pay plan for exempt positions in the executive branch of
 38 30 government.
 38 31    Sec. 75.  Section 147.103, Code 2007, is amended to read as
 38 32 follows:
 38 33    147.103  INVESTIGATORS FOR PHYSICIAN ASSISTANTS.
 38 34    The board of physician assistant examiners assistants may
 38 35 appoint investigators, who shall not be members of the
 39  1 examining board, to administer and aid in the enforcement of
 39  2 the provisions of law relating to physician assistants.  The
 39  3 amount of compensation for the investigators shall be
 39  4 determined pursuant to chapter 8A, subchapter IV.
 39  5    Investigators authorized by the board of physician
 39  6 assistant examiners assistants have the powers and status of
 39  7 peace officers when enforcing this chapter and chapters 148C
 39  8 and 272C.
 39  9    Sec. 76.  Section 147.103A, unnumbered paragraph 1, Code
 39 10 2007, is amended to read as follows:
 39 11    This chapter shall apply to the licensing of persons to
 39 12 practice as physicians and surgeons, osteopaths, and
 39 13 osteopathic physicians and surgeons by the board of medical
 39 14 examiners medicine subject to the following provisions:
 39 15    Sec. 77.  Section 147.103A, subsection 3, Code 2007, is
 39 16 amended to read as follows:
 39 17    3.  The board may appoint investigators, who shall not be
 39 18 members of the examining board, and whose compensation shall
 39 19 be determined pursuant to chapter 8A, subchapter IV.
 39 20 Investigators appointed by the board have the powers and
 39 21 status of peace officers when enforcing this chapter and
 39 22 chapters 148, 150, 150A, and 272C.
 39 23    Sec. 78.  Section 147.107, subsections 2, 4, 5, and 8, Code
 39 24 2007, are amended to read as follows:
 39 25    2.  A pharmacist, physician, dentist, or podiatric
 39 26 physician who dispenses prescription drugs, including but not
 39 27 limited to controlled substances, for human use, may delegate
 39 28 nonjudgmental dispensing functions to staff assistants only
 39 29 when verification of the accuracy and completeness of the
 39 30 prescription is determined by the pharmacist or practitioner
 39 31 in the pharmacist's or practitioner's physical presence.
 39 32 However, the physical presence requirement does not apply when
 39 33 a pharmacist or practitioner is utilizing an automated
 39 34 dispensing system.  When using an automated dispensing system
 39 35 the pharmacist or practitioner shall utilize an internal
 40  1 quality control assurance plan that ensures accuracy for
 40  2 dispensing.  Verification of automated dispensing accuracy and
 40  3 completeness remains the responsibility of the pharmacist or
 40  4 practitioner and shall be determined in accordance with rules
 40  5 adopted by the state board of pharmacy examiners, the state
 40  6 board of medical examiners medicine, the state board of dental
 40  7 examiners dentistry, and the state board of podiatry examiners
 40  8 for their respective licensees.
 40  9    A dentist, physician, or podiatric physician who dispenses
 40 10 prescription drugs, other than drug samples, pursuant to this
 40 11 subsection, shall register the fact that they dispense
 40 12 prescription drugs with the practitioner's respective
 40 13 examining board at least biennially.
 40 14    A physician, dentist, or podiatric physician who dispenses
 40 15 prescription drugs, other than drug samples, pursuant to this
 40 16 subsection, shall offer to provide the patient with a written
 40 17 prescription that may be dispensed from a pharmacy of the
 40 18 patient's choice or offer to transmit the prescription orally,
 40 19 electronically, or by facsimile in accordance with section
 40 20 155A.27 to a pharmacy of the patient's choice.
 40 21    4.  Notwithstanding subsection 3, a physician assistant
 40 22 shall not dispense prescription drugs as an incident to the
 40 23 practice of the supervising physician or the physician
 40 24 assistant, but may supply, when pharmacist services are not
 40 25 reasonably available, or when it is in the best interests of
 40 26 the patient, a quantity of properly packaged and labeled
 40 27 prescription drugs, controlled substances, or medical devices
 40 28 necessary to complete a course of therapy.  However, a remote
 40 29 clinic, staffed by a physician assistant, where pharmacy
 40 30 services are not reasonably available, shall secure the
 40 31 regular advice and consultation of a pharmacist regarding the
 40 32 distribution, storage, and appropriate use of such drugs,
 40 33 substances, and devices.  Prescription drugs supplied under
 40 34 the provisions of this subsection shall be supplied for the
 40 35 purpose of accommodating the patient and shall not be sold for
 41  1 more than the cost of the drug and reasonable overhead costs,
 41  2 as they relate to supplying prescription drugs to the patient,
 41  3 and not at a profit to the physician or the physician
 41  4 assistant.  If prescription drug supplying authority is
 41  5 delegated by a supervising physician to a physician assistant,
 41  6 a nurse or staff assistant may assist the physician assistant
 41  7 in providing that service.  Rules shall be adopted by the
 41  8 board of physician assistant examiners assistants, after
 41  9 consultation with the board of pharmacy examiners, to
 41 10 implement this subsection.
 41 11    5.  Notwithstanding subsection 1 and any other provision of
 41 12 this section to the contrary, a physician may delegate the
 41 13 function of prescribing drugs, controlled substances, and
 41 14 medical devices to a physician assistant licensed pursuant to
 41 15 chapter 148C.  When delegated prescribing occurs, the
 41 16 supervising physician's name shall be used, recorded, or
 41 17 otherwise indicated in connection with each individual
 41 18 prescription so that the individual who dispenses or
 41 19 administers the prescription knows under whose delegated
 41 20 authority the physician assistant is prescribing.  Rules
 41 21 relating to the authority of physician assistants to prescribe
 41 22 drugs, controlled substances, and medical devices pursuant to
 41 23 this subsection shall be adopted by the board of physician
 41 24 assistant examiners assistants, after consultation with the
 41 25 board of medical examiners medicine and the board of pharmacy
 41 26 examiners.  However, the rules shall prohibit the prescribing
 41 27 of schedule II controlled substances which are listed as
 41 28 depressants pursuant to chapter 124.
 41 29    8.  Notwithstanding subsection 1, but subject to the
 41 30 limitations contained in subsections 2 and 3, a registered
 41 31 nurse who is licensed and registered as an advanced registered
 41 32 nurse practitioner and who qualifies for and is registered in
 41 33 a recognized nursing specialty may prescribe substances or
 41 34 devices, including controlled substances or devices, if the
 41 35 nurse is engaged in the practice of a nursing specialty
 42  1 regulated under rules adopted by the board of nursing in
 42  2 consultation with the board of medical examiners medicine and
 42  3 the board of pharmacy examiners.
 42  4    Sec. 79.  Section 147.108, subsection 1, Code 2007, is
 42  5 amended to read as follows:
 42  6    1.  A person shall not dispense or adapt contact lenses
 42  7 without first receiving authorization to do so by a written,
 42  8 electronic, or facsimile prescription, except when authorized
 42  9 orally under subsection 2, from a person licensed under
 42 10 chapter 148, 150, 150A, or 154.  The board of optometry
 42 11 examiners shall adopt rules relating to electronic or
 42 12 facsimile transmission of a prescription under this section.
 42 13    Sec. 80.  Section 147.109, subsection 1, Code 2007, is
 42 14 amended to read as follows:
 42 15    1.  A person shall not dispense or adapt an ophthalmic
 42 16 spectacle lens or lenses without first receiving authorization
 42 17 to do so by a written, electronic, or facsimile prescription
 42 18 from a person licensed under chapter 148, 150, 150A, or 154.
 42 19 For the purpose of this section, "ophthalmic spectacle lens"
 42 20 means one which has been fabricated to fill the requirements
 42 21 of a particular spectacle lens prescription.  The board of
 42 22 optometry examiners shall adopt rules relating to electronic
 42 23 or facsimile transmission of a prescription under this
 42 24 section.
 42 25    Sec. 81.  Section 147.114, Code 2007, is amended to read as
 42 26 follows:
 42 27    147.114  INSPECTOR.
 42 28    An inspector may be appointed by the board of dental
 42 29 examiners dentistry pursuant to the provisions of chapter 8A,
 42 30 subchapter IV.
 42 31    Sec. 82.  Section 147.135, subsections 2 and 3, Code 2007,
 42 32 are amended to read as follows:
 42 33    2.  As used in this subsection, "peer review records" means
 42 34 all complaint files, investigation files, reports, and other
 42 35 investigative information relating to licensee discipline or
 43  1 professional competence in the possession of a peer review
 43  2 committee or an employee of a peer review committee.  As used
 43  3 in this subsection, "peer review committee" does not include
 43  4 examining licensing boards.  Peer review records are
 43  5 privileged and confidential, are not subject to discovery,
 43  6 subpoena, or other means of legal compulsion for release to a
 43  7 person other than an affected licensee or a peer review
 43  8 committee and are not admissible in evidence in a judicial or
 43  9 administrative proceeding other than a proceeding involving
 43 10 licensee discipline or a proceeding brought by a licensee who
 43 11 is the subject of a peer review record and whose competence is
 43 12 at issue.  A person shall not be liable as a result of filing
 43 13 a report or complaint with a peer review committee or
 43 14 providing information to such a committee, or for disclosure
 43 15 of privileged matter to a peer review committee.  A person
 43 16 present at a meeting of a peer review committee shall not be
 43 17 permitted to testify as to the findings, recommendations,
 43 18 evaluations, or opinions of the peer review committee in any
 43 19 judicial or administrative proceeding other than a proceeding
 43 20 involving licensee discipline or a proceeding brought by a
 43 21 licensee who is the subject of a peer review committee meeting
 43 22 and whose competence is at issue.  Information or documents
 43 23 discoverable from sources other than the peer review committee
 43 24 do not become nondiscoverable from the other sources merely
 43 25 because they are made available to or are in the possession of
 43 26 a peer review committee.  However, such information relating
 43 27 to licensee discipline may be disclosed to an appropriate
 43 28 licensing authority in any jurisdiction in which the licensee
 43 29 is licensed or has applied for a license.  If such information
 43 30 indicates a crime has been committed, the information shall be
 43 31 reported to the proper law enforcement agency.  This
 43 32 subsection shall not preclude the discovery of the
 43 33 identification of witnesses or documents known to a peer
 43 34 review committee.  Any final written decision and finding of
 43 35 fact by a licensing board in a disciplinary proceeding is a
 44  1 public record.  Upon appeal by a licensee of a decision of a
 44  2 licensing board, the entire case record shall be submitted to
 44  3 the reviewing court.  In all cases where privileged and
 44  4 confidential information under this subsection becomes
 44  5 discoverable, admissible, or part of a court record the
 44  6 identity of an individual whose privilege has been
 44  7 involuntarily waived shall be withheld.
 44  8    3.  A full and confidential report concerning any final
 44  9 hospital disciplinary action approved by a hospital board of
 44 10 trustees that results in a limitation, suspension, or
 44 11 revocation of a physician's privilege to practice for reasons
 44 12 relating to the physician's professional competence or
 44 13 concerning any voluntary surrender or limitation of privileges
 44 14 for reasons relating to professional competence shall be made
 44 15 to the board of medical examiners medicine by the hospital
 44 16 administrator or chief of medical staff within ten days of
 44 17 such action.  The board of medical examiners medicine shall
 44 18 investigate the report and take appropriate action.  These
 44 19 reports shall be privileged and confidential as though
 44 20 included in and subject to the requirements for peer review
 44 21 committee information in subsection 2.  Persons making these
 44 22 reports and persons participating in resulting proceedings
 44 23 related to these reports shall be immune from civil liability
 44 24 with respect to the making of the report or participation in
 44 25 resulting proceedings.  As used in this subsection,
 44 26 "physician" means a person licensed pursuant to chapter 148,
 44 27 chapter 150, or chapter 150A.
 44 28    Notwithstanding subsection 2, if the board of medical
 44 29 examiners medicine conducts an investigation based on a
 44 30 complaint received or upon its own motion, a hospital pursuant
 44 31 to subpoena shall make available information and documents
 44 32 requested by the board, specifically including reports or
 44 33 descriptions of any complaints or incidents concerning an
 44 34 individual who is the subject of the board's investigation,
 44 35 even though the information and documents are also kept for,
 45  1 are the subject of, or are being used in peer review by the
 45  2 hospital.  However, the deliberations, testimony, decisions,
 45  3 conclusions, findings, recommendations, evaluations, work
 45  4 product, or opinions of a peer review committee or its members
 45  5 and those portions of any documents or records containing or
 45  6 revealing information relating thereto shall not be subject to
 45  7 the board's request for information, subpoena, or other legal
 45  8 compulsion.  All information and documents received by the
 45  9 board from a hospital under this section shall be confidential
 45 10 pursuant to section 272C.6, subsection 4.
 45 11    Sec. 83.  Section 147.151, subsection 2, Code 2007, is
 45 12 amended to read as follows:
 45 13    2.  "Board" means the Iowa board of speech pathology and
 45 14 audiology examiners established pursuant to section 147.14,
 45 15 subsection 9.
 45 16    Sec. 84.  Section 147.152, subsection 1, Code 2007, is
 45 17 amended to read as follows:
 45 18    1.  Licensed physicians and surgeons, licensed osteopathic
 45 19 physicians and surgeons, licensed osteopaths, approved
 45 20 physician assistants and registered nurses acting under the
 45 21 supervision of a physician, persons conducting hearing tests
 45 22 under the direct supervision of a licensed physician and
 45 23 surgeon, licensed osteopathic physician and surgeon, or
 45 24 licensed osteopath, or students of medicine or surgery or
 45 25 osteopathic medicine and surgery pursuing a course of study in
 45 26 a medical school or college of osteopathic medicine and
 45 27 surgery approved by the medical examiners board of medicine
 45 28 while performing functions incidental to their course of
 45 29 study.
 45 30    Sec. 85.  Section 147A.13, subsection 1, Code 2007, is
 45 31 amended to read as follows:
 45 32    1.  Documentation has been reviewed and approved at the
 45 33 local level by the medical director of the ambulance, rescue,
 45 34 or first response service in accordance with the rules of the
 45 35 board of physician assistant examiners assistants developed
 46  1 after consultation with the department.
 46  2    Sec. 86.  Section 148.2, subsections 3 and 6, Code 2007,
 46  3 are amended to read as follows:
 46  4    3.  Students of medicine or surgery who have completed at
 46  5 least two years' study in a medical school, approved by the
 46  6 medical examiners board, and who prescribe medicine under the
 46  7 supervision of a licensed physician and surgeon, or who render
 46  8 gratuitous service to persons in case of emergency.
 46  9    6.  A graduate of a medical school who is continuing
 46 10 training and performing the duties of an intern, or who is
 46 11 engaged in postgraduate training deemed the equivalent of an
 46 12 internship in a hospital approved for training by the medical
 46 13 examiners board.
 46 14    Sec. 87.  Section 148.2A, Code 2007, is amended to read as
 46 15 follows:
 46 16    148.2A  BOARD OF MEDICAL EXAMINERS MEDICINE.
 46 17    As used in this chapter, "board" and "medical examiners"
 46 18 mean means the board of medical examiners medicine established
 46 19 in chapter 147.
 46 20    Sec. 88.  Section 148.3, Code 2007, is amended to read as
 46 21 follows:
 46 22    148.3  REQUIREMENTS FOR LICENSE.
 46 23    An applicant for a license to practice medicine and surgery
 46 24 shall:
 46 25    1.  Present a diploma issued by a medical college approved
 46 26 by the medical examiners board, or present other evidence of
 46 27 equivalent medical education approved by the medical examiners
 46 28 board.  The medical examiners board may accept, in lieu of a
 46 29 diploma from a medical college approved by them, all of the
 46 30 following:
 46 31    a.  A diploma issued by a medical college which has been
 46 32 neither approved nor disapproved by the medical examiners; and
 46 33 board.
 46 34    b.  A valid standard certificate issued by the educational
 46 35 commission for foreign medical graduates or similar
 47  1 accrediting agency.
 47  2    2.  Pass an examination prescribed by the medical examiners
 47  3 board which shall include subjects which determine the
 47  4 applicant's qualifications to practice medicine and surgery
 47  5 and which shall be given according to the methods deemed by
 47  6 the medical examiners board to be the most appropriate and
 47  7 practicable.  However, the federation licensing examination
 47  8 (FLEX) or any other national standardized examination which
 47  9 the medical examiners shall approve board approves may be
 47 10 administered to any or all applicants in lieu of or in
 47 11 conjunction with other examinations which the medical
 47 12 examiners shall prescribe board prescribes.  The medical
 47 13 examiners board may establish necessary achievement levels on
 47 14 all examinations for a passing grade and adopt rules relating
 47 15 to examinations.
 47 16    3.  Present to the medical examiners board satisfactory
 47 17 evidence that the applicant has successfully completed one
 47 18 year of postgraduate internship or resident training in a
 47 19 hospital approved for such training by the medical examiners
 47 20 board.  Beginning July 1, 2006, an applicant who holds a valid
 47 21 certificate issued by the educational commission for foreign
 47 22 medical graduates shall submit satisfactory evidence of
 47 23 successful completion of two years of such training.
 47 24    Sec. 89.  Section 148.4, Code 2007, is amended to read as
 47 25 follows:
 47 26    148.4  CERTIFICATES OF NATIONAL BOARD.
 47 27    The medical examiners board of medicine may accept in lieu
 47 28 of the examination prescribed in section 148.3 a certificate
 47 29 of examination issued by the national board of medical
 47 30 examiners of the United States of America, but every applicant
 47 31 for a license upon the basis of such certificate shall be
 47 32 required to pay the fee prescribed by the medical examiners
 47 33 board of medicine for licenses.
 47 34    Sec. 90.  Section 148.5, Code 2007, is amended to read as
 47 35 follows:
 48  1    148.5  RESIDENT PHYSICIAN LICENSE.
 48  2    A physician, who is a graduate of a medical school and is
 48  3 serving as a resident physician who is not otherwise licensed
 48  4 to practice medicine and surgery in this state, shall be
 48  5 required to obtain from the medical examiners board a license
 48  6 to practice as a resident physician.  The license shall be
 48  7 designated "Resident Physician License" and shall authorize
 48  8 the licensee to serve as a resident physician only, under the
 48  9 supervision of a licensed practitioner of medicine and surgery
 48 10 or osteopathic medicine and surgery, in an institution
 48 11 approved for such training by the medical examiners board.  A
 48 12 license shall be valid for a duration as determined by the
 48 13 board.  The fee for each license shall be set by the medical
 48 14 examiners board to cover the administrative costs of issuing
 48 15 the license.  The medical examiners board shall determine in
 48 16 each instance those eligible for a license, whether or not
 48 17 examinations shall be given, and the type of examinations.
 48 18 Requirements of the law pertaining to regular permanent
 48 19 licensure shall not be mandatory for a resident physician
 48 20 license except as specifically designated by the medical
 48 21 examiners board.  The granting of a resident physician license
 48 22 does not in any way indicate that the person licensed is
 48 23 necessarily eligible for regular permanent licensure, nor are
 48 24 the medical examiners or that the board in any way is
 48 25 obligated to license the individual.
 48 26    Sec. 91.  Section 148.6, Code 2007, is amended to read as
 48 27 follows:
 48 28    148.6  REVOCATION.
 48 29    1.  The medical examiners board, after due notice and
 48 30 hearing in accordance with chapter 17A, may issue an order to
 48 31 discipline a licensee for any of the grounds set forth in
 48 32 section 147.55, chapter 272C, or this subsection.
 48 33 Notwithstanding section 272C.3, licensee discipline may
 48 34 include a civil penalty not to exceed ten thousand dollars.
 48 35    2.  Pursuant to this section, the board of medical
 49  1 examiners may discipline a licensee who is guilty of any of
 49  2 the following acts or offenses:
 49  3    a.  Knowingly making misleading, deceptive, untrue or
 49  4 fraudulent representation in the practice of the physician's
 49  5 profession.
 49  6    b.  Being convicted of a felony in the courts of this state
 49  7 or another state, territory, or country.  Conviction as used
 49  8 in this paragraph shall include a conviction of an offense
 49  9 which if committed in this state would be deemed a felony
 49 10 without regard to its designation elsewhere, or a criminal
 49 11 proceeding in which a finding or verdict of guilt is made or
 49 12 returned, but the adjudication of guilt is either withheld or
 49 13 not entered.  A certified copy of the final order or judgment
 49 14 of conviction or plea of guilty in this state or in another
 49 15 state shall be conclusive evidence.
 49 16    c.  Violating a statute or law of this state, another
 49 17 state, or the United States, without regard to its designation
 49 18 as either felony or misdemeanor, which statute or law relates
 49 19 to the practice of medicine.
 49 20    d.  Having the license to practice medicine and surgery,
 49 21 osteopathic medicine and surgery, or osteopathy revoked or
 49 22 suspended, or having other disciplinary action taken by a
 49 23 licensing authority of another state, territory, or country.
 49 24 A certified copy of the record or order of suspension,
 49 25 revocation, or disciplinary action is prima facie evidence.
 49 26    e.  Knowingly aiding, assisting, procuring, or advising a
 49 27 person to unlawfully practice medicine and surgery,
 49 28 osteopathic medicine and surgery, or osteopathy.
 49 29    f.  Being adjudged mentally incompetent by a court of
 49 30 competent jurisdiction.  Such adjudication shall automatically
 49 31 suspend a license for the duration of the license unless the
 49 32 board orders otherwise.
 49 33    g.  Being guilty of a willful or repeated departure from,
 49 34 or the failure to conform to, the minimal standard of
 49 35 acceptable and prevailing practice of medicine and surgery,
 50  1 osteopathic medicine and surgery, or osteopathy in which
 50  2 proceeding actual injury to a patient need not be established;
 50  3 or the committing by a physician of an act contrary to
 50  4 honesty, justice, or good morals, whether the same is
 50  5 committed in the course of the physician's practice or
 50  6 otherwise, and whether committed within or without this state.
 50  7    h.  Inability to practice medicine and surgery, osteopathic
 50  8 medicine and surgery, or osteopathy with reasonable skill and
 50  9 safety by reason of illness, drunkenness, excessive use of
 50 10 drugs, narcotics, chemicals, or other type of material or as a
 50 11 result of a mental or physical condition.  The medical
 50 12 examiners board may, upon probable cause, compel a physician
 50 13 to submit to a mental or physical examination by designated
 50 14 physicians or to submit to alcohol or drug screening within a
 50 15 time specified by the medical examiners board.  Failure of a
 50 16 physician to submit to an examination or to submit to alcohol
 50 17 or drug screening shall constitute admission to the
 50 18 allegations made against the physician and the finding of fact
 50 19 and decision of the medical examiners board may be entered
 50 20 without the taking of testimony or presentation of evidence.
 50 21 At reasonable intervals, a physician shall be afforded an
 50 22 opportunity to demonstrate that the physician can resume the
 50 23 competent practice of medicine with reasonable skill and
 50 24 safety to patients.
 50 25    A person licensed to practice medicine and surgery,
 50 26 osteopathic medicine and surgery, or osteopathy who makes
 50 27 application for the renewal of a license, as required by
 50 28 section 147.10, gives consent to submit to a mental or
 50 29 physical examination as provided by this paragraph when
 50 30 directed in writing by the medical examiners board.  All
 50 31 objections shall be waived as to the admissibility of the
 50 32 examining physicians' testimony or examination reports on the
 50 33 grounds that they constitute privileged communication.  The
 50 34 medical testimony or examination reports shall not be used
 50 35 against a physician in another proceeding and shall be
 51  1 confidential, except for other actions filed against a
 51  2 physician to revoke or suspend a license.
 51  3    i.  Willful or repeated violation of lawful rule or
 51  4 regulation adopted by the board or violating a lawful order of
 51  5 the board, previously entered by the board in a disciplinary
 51  6 or licensure hearing, or violating the terms and provisions of
 51  7 a consent agreement or informal settlement between a licensee
 51  8 and the board.
 51  9    Sec. 92.  Section 148.7, subsections 1, 2, 3, 7, and 9,
 51 10 Code 2007, are amended to read as follows:
 51 11    1.  The medical examiners board may, upon their its own
 51 12 motion or upon verified complaint in writing, and shall, if
 51 13 such complaint is filed by the director of public health,
 51 14 issue an order fixing the time and place for hearing.  A
 51 15 written notice of the time and place of the hearing together
 51 16 with a statement of the charges shall be served upon the
 51 17 licensee at least ten days before the hearing in the manner
 51 18 required for the service of notice of the commencement of an
 51 19 ordinary action or by restricted certified mail.
 51 20    2.  If the licensee has left the state, the notice and
 51 21 statement of the charges shall be so served at least twenty
 51 22 days before the date of the hearing, wherever the licensee may
 51 23 be found.  If the whereabouts of the licensee is unknown,
 51 24 service may be had by publication as provided in the rules of
 51 25 civil procedure upon filing the affidavit required by said the
 51 26 rules.  In case the licensee fails to appear, either in person
 51 27 or by counsel at the time and place designated in said the
 51 28 notice, the medical examiners board shall proceed with the
 51 29 hearing as hereinafter provided.
 51 30    3.  The hearing shall be before a member or members
 51 31 designated by the board or before an administrative law judge
 51 32 appointed by the board according to the requirements of
 51 33 section 17A.11, subsection 1.  The presiding board member or
 51 34 administrative law judge may issue subpoenas, administer
 51 35 oaths, and take or cause depositions to be taken in connection
 52  1 with the hearing.  The presiding board member or
 52  2 administrative law judge shall issue subpoenas at the request
 52  3 and on behalf of the licensee.  The hearing shall be open to
 52  4 the public.
 52  5    The administrative law judge shall be an attorney vested
 52  6 with full authority of the board to schedule and conduct
 52  7 hearings.  The administrative law judge shall prepare and file
 52  8 with the medical examiners board the administrative law
 52  9 judge's findings of fact and conclusions of law, together with
 52 10 a complete written transcript of all testimony and evidence
 52 11 introduced at the hearing and all exhibits, pleas, motions,
 52 12 objections, and rulings of the administrative law judge.
 52 13    7.  If a majority of the members of the board vote in favor
 52 14 of finding the licensee guilty of an act or offense specified
 52 15 in section 147.55 or 148.6, the board shall prepare written
 52 16 findings of fact and its decision imposing one or more of the
 52 17 following disciplinary measures:
 52 18    a.  Suspend the licensee's license to practice the
 52 19 profession for a period to be determined by the board.
 52 20    b.  Revoke the licensee's license to practice the
 52 21 profession.
 52 22    c.  Suspend imposition of judgment and penalty or impose
 52 23 the judgment and penalty, but suspend enforcement and place
 52 24 the physician on probation.  The probation ordered may be
 52 25 vacated upon noncompliance.  The medical examiners board may
 52 26 restore and reissue a license to practice medicine and
 52 27 surgery, osteopathic medicine and surgery, or osteopathy, but
 52 28 may impose a disciplinary or corrective measure which it the
 52 29 board might originally have imposed.  A copy of the medical
 52 30 examiners' board's order, findings of fact, and decision,
 52 31 shall be served on the licensee in the manner of service of an
 52 32 original notice or by certified mail return receipt requested.
 52 33    9.  The medical examiners' board's order revoking or
 52 34 suspending a license to practice medicine and surgery,
 52 35 osteopathic medicine and surgery, or osteopathy or to
 53  1 discipline a licensee shall remain in force and effect until
 53  2 the appeal is finally determined and disposed of upon its
 53  3 merit.
 53  4    Sec. 93.  Section 148.8, Code 2007, is amended to read as
 53  5 follows:
 53  6    148.8  VOLUNTARY SURRENDER OF LICENSE.
 53  7    The medical examiners board may accept the voluntary
 53  8 surrender of a license if accompanied by a written statement
 53  9 of intention.  A voluntary surrender, when accepted, has the
 53 10 same force and effect as an order of revocation.
 53 11    Sec. 94.  Section 148.9, Code 2007, is amended to read as
 53 12 follows:
 53 13    148.9  REINSTATEMENT.
 53 14    Any person whose license has been suspended, revoked, or
 53 15 placed on probation may apply to the board of medical
 53 16 examiners for reinstatement at any time and the board may hold
 53 17 hearings on any such petition and may order reinstatement and
 53 18 impose terms and conditions thereof and issue a certificate of
 53 19 reinstatement to the director of public health who shall
 53 20 thereupon issue a license as directed by the board.
 53 21    Sec. 95.  Section 148.10, Code 2007, is amended to read as
 53 22 follows:
 53 23    148.10  TEMPORARY CERTIFICATE.
 53 24    The medical examiners board may, in their discretion, issue
 53 25 a temporary certificate authorizing the licensee to practice
 53 26 medicine and surgery or osteopathic medicine and surgery in a
 53 27 specific location or locations and for a specified period of
 53 28 time if, in the opinion of the medical examiners board, a need
 53 29 exists and the person possesses the qualifications prescribed
 53 30 by the medical examiners board for the license, which shall be
 53 31 substantially equivalent to those required for licensure under
 53 32 this chapter or chapter 150A, as the case may be.  The medical
 53 33 examiners board shall determine in each instance those
 53 34 eligible for this license, whether or not examinations shall
 53 35 be given, and the type of examinations.  No requirements of
 54  1 the law pertaining to regular permanent licensure are
 54  2 mandatory for this temporary license except as specifically
 54  3 designated by the medical examiners board.  The granting of a
 54  4 temporary license does not in any way indicate that the person
 54  5 so licensed is necessarily eligible for regular licensure, nor
 54  6 are the medical examiners or that the board in any way is
 54  7 obligated to so license the person.
 54  8    The temporary certificate shall be issued for a period not
 54  9 to exceed one year and may be renewed, but a person shall not
 54 10 practice medicine and surgery or osteopathic medicine and
 54 11 surgery in excess of three years while holding a temporary
 54 12 certificate.  The fee for this license and the fee for renewal
 54 13 of this license shall be set by the medical examiners board.
 54 14 The fees shall be based on the administrative costs of issuing
 54 15 and renewing the licenses.
 54 16    Sec. 96.  Section 148.11, subsection 1, Code 2007, is
 54 17 amended to read as follows:
 54 18    1.  Whenever the need exists, the board of medical
 54 19 examiners may issue a special license.  The special license
 54 20 shall authorize the licensee to practice medicine and surgery
 54 21 under the policies and standards applicable to the health care
 54 22 services of a medical school academic staff member or as
 54 23 otherwise specified in the special license.
 54 24    Sec. 97.  Section 148.12, Code 2007, is amended to read as
 54 25 follows:
 54 26    148.12  VOLUNTARY AGREEMENTS.
 54 27    The medical examiners board, after due notice and hearing,
 54 28 may issue an order to revoke, suspend, or restrict a license
 54 29 to practice medicine and surgery, osteopathic medicine and
 54 30 surgery, or osteopathy, or to issue a restricted license on
 54 31 application if the medical examiners determine board
 54 32 determines that a physician licensed to practice medicine and
 54 33 surgery, osteopathic medicine and surgery, or osteopathy, or
 54 34 an applicant for licensure has entered into a voluntary
 54 35 agreement to restrict the practice of medicine and surgery,
 55  1 osteopathic medicine and surgery, or osteopathy in another
 55  2 state, district, territory, country, or an agency of the
 55  3 federal government.  A certified copy of the voluntary
 55  4 agreement shall be considered prima facie evidence.
 55  5    Sec. 98.  Section 148.13, Code 2007, is amended to read as
 55  6 follows:
 55  7    148.13  AUTHORITY OF BOARD AS TO SUPERVISING PHYSICIANS AND
 55  8 REVIEW OF CONTESTED CASES UNDER CHAPTER 148C == RULES.
 55  9    1.  The board of medical examiners medicine shall adopt
 55 10 rules setting forth in detail its criteria and procedures for
 55 11 determining the ineligibility of a physician to serve as a
 55 12 supervising physician under chapter 148C.  The rules shall
 55 13 provide that a physician may serve as a supervising physician
 55 14 under chapter 148C until such time as the board of medicine
 55 15 determines, following normal disciplinary procedures, that the
 55 16 physician is ineligible to serve in that capacity.
 55 17    2.  The board of medical examiners medicine shall establish
 55 18 by rule specific procedures for consulting with and
 55 19 considering the advice of the board of physician assistant
 55 20 examiners assistants in determining whether to initiate a
 55 21 disciplinary proceeding under chapter 17A against a licensed
 55 22 physician in a matter involving the supervision of a physician
 55 23 assistant.
 55 24    3.  In exercising their respective authorities, the board
 55 25 of medical examiners medicine and the board of physician
 55 26 assistant examiners assistants shall cooperate with the goal
 55 27 of encouraging the utilization of physician assistants in a
 55 28 manner that is consistent with the provision of quality health
 55 29 care and medical services for the citizens of Iowa.
 55 30    4.  The board of medical examiners medicine shall adopt
 55 31 rules requiring a physician serving as a supervising physician
 55 32 to notify the board of medicine of the identity of a physician
 55 33 assistant the physician is supervising, and of any change in
 55 34 the status of the supervisory relationship.
 55 35    Sec. 99.  Section 148A.1, Code 2007, is amended by adding
 56  1 the following new unnumbered paragraph:
 56  2    NEW UNNUMBERED PARAGRAPH.  As used in this chapter, "board"
 56  3 means the board of physical and occupational therapy, created
 56  4 under chapter 147.
 56  5    Sec. 100.  Section 148A.4, Code 2007, is amended to read as
 56  6 follows:
 56  7    148A.4  REQUIREMENTS TO PRACTICE.
 56  8    Each applicant for a license to practice physical therapy
 56  9 shall:
 56 10    1.  Complete a course of study in, and hold a diploma or
 56 11 certificate issued by, a school of physical therapy accredited
 56 12 by the American physical therapy association or another
 56 13 appropriate accrediting body, and meet requirements as
 56 14 established by rules of the board of physical and occupational
 56 15 therapy examiners.
 56 16    2.  Have passed an examination administered by the board of
 56 17 physical and occupational therapy examiners.
 56 18    Sec. 101.  Section 148A.6, Code 2007, is amended to read as
 56 19 follows:
 56 20    148A.6  PHYSICAL THERAPIST ASSISTANT.
 56 21    1.  A licensed physical therapist assistant is required to
 56 22 function under the direction and supervision of a licensed
 56 23 physical therapist to perform physical therapy procedures
 56 24 delegated and supervised by the licensed physical therapist in
 56 25 a manner consistent with the rules adopted by the board of
 56 26 physical and occupational therapy examiners.  Selected and
 56 27 delegated tasks of physical therapist assistants may include,
 56 28 but are not limited to, therapeutic procedures and related
 56 29 tasks, routine operational functions, documentation of
 56 30 treatment progress, and the use of selected physical agents.
 56 31 The ability of the licensed physical therapist assistant to
 56 32 perform the selected and delegated tasks shall be assessed on
 56 33 an ongoing basis by the supervising physical therapist.  The
 56 34 licensed physical therapist assistant shall not interpret
 56 35 referrals, perform initial evaluation or reevaluations,
 57  1 initiate physical therapy treatment programs, change specified
 57  2 treatment programs, or discharge a patient from physical
 57  3 therapy services.
 57  4    2.  Each applicant for a license to practice as a physical
 57  5 therapist assistant shall:
 57  6    a.  Successfully complete a course of study for the
 57  7 physical therapist assistant accredited by the commission on
 57  8 accreditation in education of the American physical therapy
 57  9 association, or another appropriate accrediting body, and meet
 57 10 other requirements established by the rules of the board of
 57 11 physical and occupational therapy examiners.
 57 12    b.  Have passed an examination administered by the board of
 57 13 physical and occupational therapy examiners.
 57 14    3.  This section does not prevent a person not licensed as
 57 15 a physical therapist assistant from performing services
 57 16 ordinarily performed by a physical therapy aide, assistant, or
 57 17 technician, provided that the person does not represent to the
 57 18 public that the person is a licensed physical therapist
 57 19 assistant, or use the title "physical therapist assistant" or
 57 20 the letters "P.T.A.", and provided that the person performs
 57 21 services consistent with the supervision requirements of the
 57 22 board of physical and occupational therapy examiners for
 57 23 persons not licensed as physical therapist assistants.
 57 24    Sec. 102.  Section 148B.2, subsection 1, Code 2007, is
 57 25 amended to read as follows:
 57 26    1.  "Board" means the board of physical and occupational
 57 27 therapy examiners, created under chapter 147.
 57 28    Sec. 103.  Section 148B.7, Code 2007, is amended to read as
 57 29 follows:
 57 30    148B.7  BOARD OF PHYSICAL AND OCCUPATIONAL THERAPY
 57 31 EXAMINERS == POWERS AND DUTIES.
 57 32    The board shall adopt rules relating to professional
 57 33 conduct to carry out the policy of this chapter, including but
 57 34 not limited to rules relating to professional licensing and to
 57 35 the establishment of ethical standards of practice for persons
 58  1 holding a license to practice occupational therapy in this
 58  2 state.
 58  3    Sec. 104.  Section 148B.8, Code 2007, is amended to read as
 58  4 follows:
 58  5    148B.8  BOARD OF PHYSICAL AND OCCUPATIONAL THERAPY
 58  6 EXAMINERS == ADMINISTRATIVE PROVISIONS.
 58  7    The board may employ an executive secretary and officers
 58  8 and employees as necessary, and shall determine their duties
 58  9 and fix their compensation.
 58 10    Sec. 105.  Section 148C.1, subsection 2, Code 2007, is
 58 11 amended to read as follows:
 58 12    2.  "Board" means the board of physician assistant
 58 13 examiners assistants, created under chapter 147.
 58 14    Sec. 106.  Section 148C.3, subsection 6, Code 2007, is
 58 15 amended to read as follows:
 58 16    6.  The board shall adopt rules pursuant to this section
 58 17 after consultation with the board of medical examiners
 58 18 medicine.
 58 19    Sec. 107.  Section 148E.1, subsection 3, Code 2007, is
 58 20 amended to read as follows:
 58 21    3.  "Board" means the board of medical examiners medicine,
 58 22 established in chapter 147.
 58 23    Sec. 108.  Section 149.1, Code 2007, is amended by adding
 58 24 the following new subsection:
 58 25    NEW SUBSECTION.  1A.  As used in this chapter, "board"
 58 26 means the board of podiatry, created under chapter 147.
 58 27    Sec. 109.  Section 149.3, subsection 2, Code 2007, is
 58 28 amended to read as follows:
 58 29    2.  Present an official transcript issued by a school of
 58 30 podiatry approved by the board of podiatry examiners.
 58 31    Sec. 110.  Section 149.4, Code 2007, is amended to read as
 58 32 follows:
 58 33    149.4  APPROVED SCHOOL.
 58 34    A school of podiatry shall not be approved by the board of
 58 35 podiatry examiners as a school of recognized standing unless
 59  1 the school:
 59  2    1.  Requires for graduation or the receipt of any podiatric
 59  3 degree the completion of a course of study covering a period
 59  4 of at least eight months in each of four calendar years.
 59  5    2.  After January 1, 1962, a A school of podiatry shall not
 59  6 be approved by the board of podiatry examiners which does not
 59  7 have as an additional entrance requirement two years study in
 59  8 a recognized college, university, or academy.
 59  9    Sec. 111.  Section 149.7, Code 2007, is amended to read as
 59 10 follows:
 59 11    149.7  TEMPORARY CERTIFICATE.
 59 12    The podiatry examiners board may issue a temporary
 59 13 certificate authorizing the licensee named in the certificate
 59 14 to practice podiatry if, in the opinion of the podiatry
 59 15 examiners board, a need exists and the person possesses the
 59 16 qualifications prescribed by the podiatry examiners board for
 59 17 the certificate, which shall be substantially equivalent to
 59 18 those required for regular licensure under this chapter.  The
 59 19 podiatry examiners board shall determine in each instance the
 59 20 applicant's eligibility for the certificate, whether or not an
 59 21 examination shall be given, and the type of examination.  The
 59 22 requirements of the law pertaining to regular permanent
 59 23 licensure shall not be mandatory for this temporary
 59 24 certificate except as specifically designated by the podiatry
 59 25 examiners board.  The granting of a temporary certificate does
 59 26 not in any way indicate that the person licensed is
 59 27 necessarily eligible for regular licensure, and the podiatry
 59 28 examiners are board is not obligated to license the person.
 59 29    The temporary certificate shall be issued for one year and
 59 30 may be renewed, but a person shall not be entitled to practice
 59 31 podiatry in excess of three years while holding a temporary
 59 32 certificate.  The fee for this certificate shall be set by the
 59 33 podiatry examiners board, and if extended beyond one year, a
 59 34 renewal fee per year shall be set by the podiatry examiners
 59 35 board.  The fees shall be based on the administrative costs of
 60  1 issuing and renewing the certificates.
 60  2    Sec. 112.  Section 150.11, Code 2007, is amended to read as
 60  3 follows:
 60  4    150.11  OSTEOPATHY DISCONTINUED.
 60  5    After May 10, 1963, no license to practice osteopathy shall
 60  6 be issued, provided that the Iowa department of public health
 60  7 shall issue renewal licenses to practice osteopathy as
 60  8 provided in chapter 147 and the department, upon
 60  9 recommendation of the medical examiners board of medicine, may
 60 10 grant a license to practice osteopathy by reciprocity or
 60 11 endorsement if the applicant holds a valid license to practice
 60 12 osteopathy or osteopathic medicine and surgery issued by
 60 13 another state prior to May 10, 1963.
 60 14    Sec. 113.  NEW SECTION.  150A.1A  DEFINITION.
 60 15    As used in this chapter, "board" means the board of
 60 16 medicine, created under chapter 147.
 60 17    Sec. 114.  Section 150A.2, subsection 3, Code 2007, is
 60 18 amended to read as follows:
 60 19    3.  Students of medicine or surgery or osteopathic medicine
 60 20 and surgery, who have completed at least two years study in a
 60 21 medical school or college of osteopathic medicine and surgery
 60 22 approved by the medical examiners board, and who prescribe
 60 23 medicine under the supervision of a licensed physician and
 60 24 surgeon or osteopathic physician and surgeon, or who render
 60 25 gratuitous service to persons in case of emergency.
 60 26    Sec. 115.  Section 150A.3, Code 2007, is amended to read as
 60 27 follows:
 60 28    150A.3  REQUIREMENTS TO PRACTICE.
 60 29    Each applicant for a license to practice osteopathic
 60 30 medicine and surgery shall:
 60 31    1.  Either comply with all of the following:
 60 32    a.  Present a diploma issued, after May 10, 1963, by a
 60 33 college of osteopathic medicine and surgery approved by the
 60 34 medical examiners board or present other evidence of
 60 35 equivalent medical education approved by the medical examiners
 61  1 board.
 61  2    b.  Pass an examination prescribed by the medical examiners
 61  3 board in subjects including anatomy, chemistry, physiology,
 61  4 materia medica and therapeutics, obstetrics, pathology,
 61  5 medicine, public health and hygiene, and surgery.  The board
 61  6 of medical examiners may require written, oral, and practical
 61  7 examinations of the applicant.
 61  8    c.  Present to the Iowa department of public health
 61  9 satisfactory evidence that the applicant has completed one
 61 10 year of internship or resident training in a hospital approved
 61 11 for such training by the medical examiners.
 61 12    2.  Or comply with the following:
 61 13    a.  Present a valid license to practice osteopathy in this
 61 14 state together with satisfactory evidence that the applicant
 61 15 has completed either:  (1) a two=year postgraduate course, of
 61 16 nine months each, in an accredited college of osteopathy,
 61 17 osteopathic medicine and surgery or medicine approved by the
 61 18 board of medical examiners of Iowa, involving a thorough and
 61 19 intensive study of the subject of surgery as prescribed by
 61 20 such medical examiners the board, or (2) a one=year
 61 21 postgraduate course of nine months in such accredited college,
 61 22 and in addition thereto, has completed a one=year course of
 61 23 training as a surgical assistant in a hospital having at least
 61 24 twenty=five beds for patients and equipped for doing surgical
 61 25 work.
 61 26    b.  Pass an examination as prescribed by the medical
 61 27 examiners board in the subject of surgery, which shall be of
 61 28 such character as to thoroughly test the qualifications of the
 61 29 applicant as a practitioner of major surgery.
 61 30    Sec. 116.  Section 150A.4, Code 2007, is amended to read as
 61 31 follows:
 61 32    150A.4  APPROVED COLLEGES.
 61 33    Any college of osteopathic medicine and surgery which does
 61 34 not permit the medical examiners board to make such reasonable
 61 35 annual inspection as they desire the board desires shall not
 62  1 be approved by the medical examiners board.  Until July 1,
 62  2 1968, any college of osteopathic medicine and surgery which is
 62  3 accredited by the American Osteopathic Association osteopathic
 62  4 association shall, by virtue thereof, stand as provisionally
 62  5 approved by the medical examiners board unless the medical
 62  6 examiners board, by majority action including the osteopathic
 62  7 physician and surgeon member, shall disapprove.
 62  8    Sec. 117.  Section 150A.7, Code 2007, is amended to read as
 62  9 follows:
 62 10    150A.7  NATIONAL BOARD CERTIFICATE.
 62 11    The Iowa department of public health may, with the approval
 62 12 of the medical examiners board, accept in lieu of the
 62 13 examination prescribed in section 150A.3 a certificate of
 62 14 examination issued by the National Board national board of
 62 15 Osteopathic Examiners osteopathic examiners of the United
 62 16 States of America, but every applicant for a license upon the
 62 17 basis of such certificate shall be required to pay the fee
 62 18 prescribed for license issued under reciprocal agreements.
 62 19    Sec. 118.  Section 150A.9, Code 2007, is amended to read as
 62 20 follows:
 62 21    150A.9  RESIDENT LICENSE.
 62 22    An osteopathic physician and surgeon, who is a graduate of
 62 23 a college of osteopathic medicine and surgery and is serving
 62 24 as a resident physician and who is not licensed to practice
 62 25 osteopathic medicine and surgery in this state, shall be
 62 26 required to obtain from the medical examiners board a license
 62 27 to practice as a resident osteopathic physician and surgeon.
 62 28 The license shall be designated "Resident Osteopathic
 62 29 Physician and Surgeon License", and shall authorize the
 62 30 licensee to serve as a resident physician only, under the
 62 31 supervision of a licensed practitioner of osteopathic medicine
 62 32 and surgery or licensed practitioner of medicine and surgery,
 62 33 in an institution approved for such training by the medical
 62 34 examiners board.  A license shall be valid for a duration as
 62 35 determined by the board.  The fee for each license shall be
 63  1 set by the medical examiners board and based on the
 63  2 administrative cost of issuing the license.  The medical
 63  3 examiners board shall determine in each instance those
 63  4 eligible for a license, whether or not examinations shall be
 63  5 given, and the type of examinations.  Requirements of the law
 63  6 pertaining to regular permanent licensure shall not be
 63  7 mandatory for a resident osteopathic physician and surgeon's
 63  8 license except as specifically designated by the medical
 63  9 examiners board.  The granting of a resident osteopathic
 63 10 physician and surgeon's license does not in any way indicate
 63 11 that the person licensed is necessarily eligible for regular
 63 12 permanent licensure, nor are or that the medical examiners in
 63 13 any way board is obligated to license the individual person.
 63 14    Sec. 119.  NEW SECTION.  151.1A  BOARD DEFINED.
 63 15    As used in this chapter, "board" means the board of
 63 16 chiropractic, created under chapter 147.
 63 17    Sec. 120.  Section 151.2, subsection 3, Code 2007, is
 63 18 amended to read as follows:
 63 19    3.  Students of chiropractic who have entered upon a
 63 20 regular course of study in a chiropractic college approved by
 63 21 the chiropractic examiners board, who practice chiropractic
 63 22 under the direction of a licensed chiropractor and in
 63 23 accordance with the rules of said examiners the board.
 63 24    Sec. 121.  Section 151.3, subsections 2 and 3, Code 2007,
 63 25 are amended to read as follows:
 63 26    2.  Present a diploma issued by a college of chiropractic
 63 27 approved by the chiropractic examiners board.
 63 28    3.  Pass an examination prescribed by the chiropractic
 63 29 examiners board in the subjects of anatomy, physiology,
 63 30 nutrition and dietetics, symptomatology and diagnosis, hygiene
 63 31 and sanitation, chemistry, histology, pathology, and
 63 32 principles and practice of chiropractic, including a clinical
 63 33 demonstration of vertebral palpation, nerve tracing, and
 63 34 adjusting.
 63 35    Sec. 122.  Section 151.4, unnumbered paragraph 1, Code
 64  1 2007, is amended to read as follows:
 64  2    No A college of chiropractic shall not be approved by the
 64  3 chiropractic examiners board as a college of recognized
 64  4 standing unless said the college:
 64  5    Sec. 123.  Section 151.8, Code 2007, is amended to read as
 64  6 follows:
 64  7    151.8  TRAINING IN PROCEDURES USED IN PRACTICE.
 64  8    A chiropractor shall not use in the chiropractor's practice
 64  9 the procedures otherwise authorized by law unless the
 64 10 chiropractor has received training in their use by a college
 64 11 of chiropractic offering courses of instructions approved by
 64 12 the board of chiropractic examiners.
 64 13    Any chiropractor licensed as of July 1, 1974, may use the
 64 14 procedures authorized by law if the chiropractor files with
 64 15 the board of chiropractic examiners an affidavit that the
 64 16 chiropractor has completed the necessary training and is fully
 64 17 qualified in these procedures and possesses that degree of
 64 18 proficiency and will exercise that care which is common to
 64 19 physicians in this state.
 64 20    A chiropractor using the additional procedures and
 64 21 practices authorized by this Act chapter shall be held to the
 64 22 standard of care applicable to any other health care
 64 23 practitioner in this state.
 64 24    Sec. 124.  Section 151.11, Code 2007, is amended to read as
 64 25 follows:
 64 26    151.11  RULES.
 64 27    The board of chiropractic examiners shall adopt rules
 64 28 necessary to administer section 151.1, to protect the health,
 64 29 safety, and welfare of the public, including rules governing
 64 30 the practice of chiropractic and defining any terms, whether
 64 31 or not specified in section 151.1, subsection 3.  Such rules
 64 32 shall not be inconsistent with the practice of chiropractic
 64 33 and shall not expand the scope of practice of chiropractic or
 64 34 authorize the use of procedures not authorized by this
 64 35 chapter.  These rules shall conform with chapter 17A.
 65  1    Sec. 125.  Section 151.12, Code 2007, is amended to read as
 65  2 follows:
 65  3    151.12  TEMPORARY CERTIFICATE.
 65  4    The chiropractic examiners board may, in their its
 65  5 discretion, issue a temporary certificate authorizing the
 65  6 licensee to practice chiropractic if, in the opinion of the
 65  7 chiropractic examiners, a need exists and the person possesses
 65  8 the qualifications prescribed by the chiropractic examiners
 65  9 board for the license, which shall be substantially equivalent
 65 10 to those required for licensure under this chapter.  The
 65 11 chiropractic examiners board shall determine in each instance
 65 12 those eligible for this license, whether or not examinations
 65 13 shall be given, the type of examinations, and the duration of
 65 14 the license.  No requirements of the law pertaining to regular
 65 15 permanent licensure are mandatory for this temporary license
 65 16 except as specifically designated by the chiropractic
 65 17 examiners board.  The granting of a temporary license does not
 65 18 in any way indicate that the person so licensed is eligible
 65 19 for regular licensure, nor are or that the chiropractic
 65 20 examiners in any way board is obligated to so license the
 65 21 person.
 65 22    The temporary certificate shall be issued for one year and
 65 23 at the discretion of the chiropractic examiners board may be
 65 24 renewed, but a person shall not practice chiropractic in
 65 25 excess of three years while holding a temporary certificate.
 65 26 The fee for this license shall be set by the chiropractic
 65 27 examiners board, and if extended beyond one year, a renewal
 65 28 fee per year shall be set by the chiropractic examiners board.
 65 29 The fee for the temporary license shall be based on the
 65 30 administrative costs of issuing the licenses.
 65 31    Sec. 126.  Section 152.1, subsection 3, Code 2007, is
 65 32 amended to read as follows:
 65 33    3.  "Physician" means a person licensed in this state to
 65 34 practice medicine and surgery, osteopathy and surgery, or
 65 35 osteopathy, or a person licensed in this state to practice
 66  1 dentistry or podiatry when acting within the scope of the
 66  2 license.  A physician licensed to practice medicine and
 66  3 surgery, osteopathic medicine and surgery, or osteopathy in a
 66  4 state bordering this state shall be considered a physician for
 66  5 purposes of this chapter unless previously determined to be
 66  6 ineligible for such consideration by the Iowa board of medical
 66  7 examiners medicine.
 66  8    Sec. 127.  Section 152A.1, subsection 1, Code 2007, is
 66  9 amended to read as follows:
 66 10    1.  "Board" means the board of dietetic examiners
 66 11 dietetics, created under chapter 147.
 66 12    Sec. 128.  Section 152B.1, subsection 1, Code 2007, is
 66 13 amended to read as follows:
 66 14    1.  "Board" means the state board for respiratory care,
 66 15 created under chapter 147.
 66 16    Sec. 129.  Section 152B.13, subsection 1, unnumbered
 66 17 paragraph 1, Code 2007, is amended to read as follows:
 66 18    A state The board for respiratory care is established to
 66 19 administer this chapter.  Membership of the board shall be
 66 20 established pursuant to section 147.14, subsection 15.
 66 21    Sec. 130.  Section 152C.1, subsection 1, Code 2007, is
 66 22 amended to read as follows:
 66 23    1.  "Board" means the board of examiners for massage
 66 24 therapy, created under chapter 147.
 66 25    Sec. 131.  Section 152D.1, subsection 5, Code 2007, is
 66 26 amended to read as follows:
 66 27    5.  "Board" means the board of examiners for athletic
 66 28 training, created under chapter 147.
 66 29    Sec. 132.  NEW SECTION.  153.12  BOARD DEFINED.
 66 30    As used in this chapter, "board" means the board of
 66 31 dentistry, created under chapter 147.
 66 32    Sec. 133.  Section 153.14, subsection 1, Code 2007, is
 66 33 amended to read as follows:
 66 34    1.  Students of dentistry who practice dentistry upon
 66 35 patients at clinics in connection with their regular course of
 67  1 instruction at the state dental college, students of dental
 67  2 hygiene who practice upon patients at clinics in connection
 67  3 with their regular course of instruction at state=approved
 67  4 schools, and students of dental assisting who practice upon
 67  5 patients at clinics in connection with a regular course of
 67  6 instruction determined by the board of dentistry pursuant to
 67  7 section 153.39.
 67  8    Sec. 134.  Section 153.15, Code 2007, is amended to read as
 67  9 follows:
 67 10    153.15  DENTAL HYGIENISTS == SCOPE OF TERM.
 67 11    A licensed dental hygienist may perform those services
 67 12 which are educational, therapeutic, and preventive in nature
 67 13 which attain or maintain optimal oral health as determined by
 67 14 the board of dentistry and may include but are not necessarily
 67 15 limited to complete oral prophylaxis, application of
 67 16 preventive agents to oral structures, exposure and processing
 67 17 of radiographs, administration of medicaments prescribed by a
 67 18 licensed dentist, obtaining and preparing nonsurgical,
 67 19 clinical and oral diagnostic tests for interpretation by the
 67 20 dentist, and preparation of preliminary written records of
 67 21 oral conditions for interpretation by the dentist.  Such
 67 22 services shall be performed under supervision of a licensed
 67 23 dentist and in a dental office, a public or private school,
 67 24 public health agencies, hospitals, and the armed forces, but
 67 25 nothing herein shall be construed to authorize a dental
 67 26 hygienist to practice dentistry.
 67 27    Sec. 135.  Section 153.22, Code 2007, is amended to read as
 67 28 follows:
 67 29    153.22  RESIDENT LICENSE.
 67 30    A dentist or dental hygienist who is serving only as a
 67 31 resident, intern, or graduate student and who is not licensed
 67 32 to practice in this state is required to obtain from the board
 67 33 of dentistry a temporary or special license to practice as a
 67 34 resident, intern, or graduate student.  The license shall be
 67 35 designated "Resident License" and shall authorize the licensee
 68  1 to serve as a resident, intern, or graduate student only,
 68  2 under the supervision of a licensed practitioner, in an
 68  3 institution approved for this purpose by the board.  Such
 68  4 license shall be renewed at the discretion of the board.  The
 68  5 fee for a resident license and the renewal fee shall be set by
 68  6 the board based upon the cost of issuance of the license.  The
 68  7 board shall determine in each instance those eligible for a
 68  8 resident license, whether or not examinations shall be given,
 68  9 and the type of examination.  None of the requirements for
 68 10 regular permanent licensure are mandatory for resident
 68 11 licensure except as specifically designated by the board.  The
 68 12 issuance of a resident license shall not in any way indicate
 68 13 that the person so licensed is necessarily eligible for
 68 14 regular licensure, nor is or that the board in any way is
 68 15 obligated to so license such individual the person.  The board
 68 16 may revoke a resident license at any time it shall determine
 68 17 either that the caliber of work done by a licensee or the type
 68 18 of supervision being given such licensee does not conform to
 68 19 reasonable standards established by the board.
 68 20    Sec. 136.  Section 153.33, subsection 2, Code 2007, is
 68 21 amended to read as follows:
 68 22    2.  To appoint investigators, who shall not be members of
 68 23 the examining board, to administer and aid in the enforcement
 68 24 of the provisions of law relating to those persons licensed to
 68 25 practice dentistry and dental hygiene, and persons registered
 68 26 as dental assistants.  The amount of compensation for the
 68 27 investigators shall be determined pursuant to chapter 8A,
 68 28 subchapter IV.  Investigators authorized by the board of
 68 29 dental examiners have the powers and status of peace officers
 68 30 when enforcing this chapter and chapters 147 and 272C.
 68 31    Sec. 137.  Section 153.33A, subsection 1, Code 2007, is
 68 32 amended to read as follows:
 68 33    1.  A three=member dental hygiene committee of the board of
 68 34 dental examiners is created, consisting of the two dental
 68 35 hygienist members of the board and one dentist member of the
 69  1 board.  The dentist member of the committee must have
 69  2 supervised and worked in collaboration with a dental hygienist
 69  3 for a period of at least three years immediately preceding
 69  4 election to the committee.  The dentist member shall be
 69  5 elected to the committee annually by a majority vote of board
 69  6 members.
 69  7    Sec. 138.  Section 153.34, subsection 4, Code 2007, is
 69  8 amended to read as follows:
 69  9    4.  For willful or repeated violations of this chapter,
 69 10 this subtitle, or the rules of the state board of dentistry.
 69 11    Sec. 139.  Section 153.36, subsections 2 and 3, Code 2007,
 69 12 are amended to read as follows:
 69 13    2.  In addition to the provisions of section 272C.2,
 69 14 subsection 4, a person licensed by the board of dental
 69 15 examiners shall also be deemed to have complied with
 69 16 continuing education requirements of this state if, during
 69 17 periods that the person practiced the profession in another
 69 18 state or district, the person met all of the continuing
 69 19 education and other requirements of that state or district for
 69 20 the practice of the occupation or profession.
 69 21    3.  Notwithstanding the panel composition provisions in
 69 22 section 272C.6, subsection 1, the board of dental examiners'
 69 23 board's disciplinary hearing panels shall be comprised of
 69 24 three board members, at least two of which are licensed in the
 69 25 profession.
 69 26    Sec. 140.  Section 153.37, Code 2007, is amended to read as
 69 27 follows:
 69 28    153.37  DENTAL COLLEGE AND DENTAL HYGIENE PROGRAM FACULTY
 69 29 PERMITS.
 69 30    The state board of dental examiners may issue a faculty
 69 31 permit entitling the holder to practice dentistry or dental
 69 32 hygiene within a college of dentistry or a dental hygiene
 69 33 program and affiliated teaching facilities as an adjunct to
 69 34 the faculty member's teaching position, associated
 69 35 responsibilities, and functions.  The dean of the college of
 70  1 dentistry or chairperson of a dental hygiene program shall
 70  2 certify to the state board of dental examiners those bona fide
 70  3 members of the college's or a dental hygiene program's faculty
 70  4 who are not licensed and registered to practice dentistry or
 70  5 dental hygiene in Iowa.  Any faculty member so certified
 70  6 shall, prior to commencing the member's duties in the college
 70  7 of dentistry or a dental hygiene program, make written
 70  8 application to the state board of dental examiners for a
 70  9 permit.  The permit shall be for a period determined by the
 70 10 board and may be renewed at the discretion of the state board
 70 11 of dental examiners.  The fee for the faculty permit and the
 70 12 renewal shall be set by the state board of dental examiners
 70 13 based upon the administrative cost of issuance of the permit.
 70 14 The fee shall be deposited in the same manner as fees provided
 70 15 for in section 147.82.  The faculty permit shall be valid
 70 16 during the time the holder remains a member of the faculty and
 70 17 shall subject the holder to all provisions of this chapter.
 70 18    Sec. 141.  Section 153.38, Code 2007, is amended to read as
 70 19 follows:
 70 20    153.38  DENTAL ASSISTANTS == SCOPE OF PRACTICE.
 70 21    A registered dental assistant may perform those services of
 70 22 assistance to a licensed dentist as determined by the board of
 70 23 dentistry by rule.  Such services shall be performed under
 70 24 supervision of a licensed dentist in a dental office, a public
 70 25 or private school, public health agencies, hospitals, and the
 70 26 armed forces, but shall not be construed to authorize a dental
 70 27 assistant to practice dentistry or dental hygiene.  Every
 70 28 licensed dentist who utilizes the services of a registered
 70 29 dental assistant for the purpose of assistance in the practice
 70 30 of dentistry shall be responsible for acts delegated to the
 70 31 registered dental assistant.  A dentist shall delegate to a
 70 32 registered dental assistant only those acts which are
 70 33 authorized to be delegated to registered dental assistants by
 70 34 the board of dentistry.
 70 35    Sec. 142.  Section 154.1, Code 2007, is amended to read as
 71  1 follows:
 71  2    154.1  BOARD DEFINED == OPTOMETRY == CERTIFIED LICENSED
 71  3 OPTOMETRISTS == THERAPEUTICALLY CERTIFIED OPTOMETRISTS.
 71  4    1.  As used in this chapter, "board" means the board of
 71  5 optometry, created under chapter 147.
 71  6    2.  For the purpose of this subtitle, the following classes
 71  7 of persons shall be deemed to be engaged in the practice of
 71  8 optometry:
 71  9    1.  a.  Persons employing any means other than the use of
 71 10 drugs, medicine, or surgery for the measurement of the visual
 71 11 power and visual efficiency of the human eye; the prescribing
 71 12 and adapting of lenses, prisms and contact lenses, and the
 71 13 using or employing of visual training or ocular exercise, for
 71 14 the aid, relief, or correction of vision.
 71 15    2.  b.  Persons who allow the public to use any mechanical
 71 16 device for such purpose.
 71 17    3.  c.  Persons who publicly profess to be optometrists and
 71 18 to assume the duties incident to said profession.
 71 19    3.  Certified licensed optometrists may employ
 71 20 cycloplegics, mydriatics, and topical anesthetics as
 71 21 diagnostic agents topically applied to determine the condition
 71 22 of the human eye for proper optometric practice or referral
 71 23 for treatment to a person licensed under chapter 148 or 150A.
 71 24 A certified licensed optometrist is an optometrist who is
 71 25 licensed to practice optometry in this state and who is
 71 26 certified by the board of optometry examiners to use
 71 27 diagnostic agents.  A certified licensed optometrist shall be
 71 28 provided with a distinctive certificate by the board which
 71 29 shall be displayed for viewing by the patients of the
 71 30 optometrist.
 71 31    4.  Therapeutically certified optometrists may employ all
 71 32 diagnostic and therapeutic pharmaceutical agents for the
 71 33 purpose of diagnosis and treatment of conditions of the human
 71 34 eye and adnexa pursuant to this paragraph, excluding the use
 71 35 of injections other than to counteract an anaphylactic
 72  1 reaction, and notwithstanding section 147.107, may without
 72  2 charge supply any of the above pharmaceuticals to commence a
 72  3 course of therapy.  Therapeutically certified optometrists may
 72  4 prescribe oral steroids for a period not to exceed fourteen
 72  5 days without consultation with a primary care physician.
 72  6 Therapeutically certified optometrists shall not prescribe
 72  7 oral Imuran or oral Methotrexate.  Therapeutically certified
 72  8 optometrists may be authorized, where reasonable and
 72  9 appropriate, by rule of the board, to employ new diagnostic
 72 10 and therapeutic pharmaceutical agents approved by the United
 72 11 States food and drug administration on or after July 1, 2002,
 72 12 for the diagnosis and treatment of the human eye and adnexa.
 72 13 The board shall not be required to adopt rules relating to
 72 14 topical pharmaceutical agents, oral antimicrobial agents, oral
 72 15 antihistamines, oral antiglaucoma agents, and oral analgesic
 72 16 agents.  Superficial foreign bodies may be removed from the
 72 17 human eye and adnexa.  The therapeutic efforts of a
 72 18 therapeutically certified optometrist are intended for the
 72 19 purpose of examination, diagnosis, and treatment of visual
 72 20 defects, abnormal conditions, and diseases of the human eye
 72 21 and adnexa, for proper optometric practice or referral for
 72 22 consultation or treatment to persons licensed under chapter
 72 23 148 or 150A.  A therapeutically certified optometrist is an
 72 24 optometrist who is licensed to practice optometry in this
 72 25 state and who is certified by the board of optometry examiners
 72 26 to use the agents and procedures authorized pursuant to this
 72 27 paragraph.  A therapeutically certified optometrist shall be
 72 28 provided with a distinctive certificate by the board which
 72 29 shall be displayed for viewing by the patients of the
 72 30 optometrist.
 72 31    Sec. 143.  Section 154.3, subsections 3, 4, 5, 6, and 8,
 72 32 Code 2007, are amended to read as follows:
 72 33    3.  A person licensed as an optometrist prior to January 1,
 72 34 1980, who applies to be a certified licensed optometrist shall
 72 35 first satisfactorily complete a course consisting of at least
 73  1 one hundred contact hours in pharmacology as it applies to
 73  2 optometry including clinical training as it applies to
 73  3 optometry with particular emphasis on the topical application
 73  4 of diagnostic agents to the human eye and possible adverse
 73  5 reactions thereto, for the purpose of examination of the human
 73  6 eye and the diagnosis of conditions of the human eye, provided
 73  7 by an institution accredited by a regional or professional
 73  8 accreditation organization which is recognized or approved by
 73  9 the council on postsecondary accreditation or the United
 73 10 States office of education, and approved by the board of
 73 11 optometry examiners.
 73 12    4.  In addition to the examination required by subsection
 73 13 1, paragraph "c", a person applying to be a certified licensed
 73 14 optometrist shall also pass an examination prescribed by the
 73 15 optometry examiners board in the subjects of physiology and
 73 16 pathology appropriate to the use of diagnostic pharmaceutical
 73 17 agents and diagnosis of conditions of the human eye, and
 73 18 pharmacology including systemic effects of ophthalmic
 73 19 diagnostic pharmaceutical agents and the possible adverse
 73 20 reactions thereto, authorized for use by optometrists by
 73 21 section 154.1.
 73 22    5.  A person applying to be licensed as an optometrist
 73 23 after January 1, 1986, shall also apply to be a
 73 24 therapeutically certified optometrist and shall, in addition
 73 25 to satisfactorily completing all requirements for a license to
 73 26 practice optometry, satisfactorily complete a course as
 73 27 defined by rule of the state board of optometry examiners with
 73 28 particular emphasis on the examination, diagnosis and
 73 29 treatment of conditions of the human eye and adnexa provided
 73 30 by an institution accredited by a regional or professional
 73 31 accreditation organization which is recognized or approved by
 73 32 the council on postsecondary accreditation of the United
 73 33 States office of education, and approved by the board of
 73 34 optometry examiners.  The rule rules of the board shall
 73 35 require a course including a minimum of forty hours of
 74  1 didactic education and sixty hours of approved supervised
 74  2 clinical training in the examination, diagnosis, and treatment
 74  3 of conditions of the human eye and adnexa.  The board may
 74  4 also, by rule, provide a procedure by which an applicant who
 74  5 has received didactic education meeting the requirements of
 74  6 rules adopted pursuant to this subsection at an approved
 74  7 school of optometry may apply to the board for a waiver of the
 74  8 didactic education requirements of this subsection.
 74  9    6.  A person licensed in any state as an optometrist prior
 74 10 to January 1, 1986, who applies to be a therapeutically
 74 11 certified optometrist shall first satisfactorily complete a
 74 12 course as defined by rule of the board of optometry examiners
 74 13 with particular emphasis on the examination, diagnosis, and
 74 14 treatment of conditions of the human eye and adnexa provided
 74 15 by an institution accredited by a regional or professional
 74 16 accreditation organization which is recognized or approved by
 74 17 the council on postsecondary accreditation of the United
 74 18 States office of education, and approved by the board of
 74 19 optometry examiners.  The rule of the board shall require a
 74 20 course including a minimum of forty hours of didactic
 74 21 education and sixty hours of approved supervised clinical
 74 22 training in the examination, diagnosis, and treatment of
 74 23 conditions of the human eye and adnexa.  Effective July 1,
 74 24 1987, the board shall require that therapeutically certified
 74 25 optometrists prior to the utilization of topical and oral
 74 26 antiglaucoma agents, oral antimicrobial agents, and oral
 74 27 analgesic agents shall complete an additional forty=four hours
 74 28 of education with emphasis on treatment and management of
 74 29 glaucoma and use of oral pharmaceutical agents for treatment
 74 30 and management of ocular diseases, provided by an institution
 74 31 accredited by a regional or professional accreditation
 74 32 organization which is recognized or approved by the council on
 74 33 postsecondary accreditation of the United States office of
 74 34 education, and approved by the board of optometry examiners.
 74 35 Upon completion of the additional forty=four hours of
 75  1 education, a therapeutically certified optometrist shall also
 75  2 pass an oral or written examination prescribed by the board.
 75  3 The board shall suspend the optometrist's therapeutic
 75  4 certificate for failure to comply with this subsection by July
 75  5 1, 1988.
 75  6    The board shall adopt rules requiring an additional twenty
 75  7 hours per biennium of continuing education in the treatment
 75  8 and management of ocular disease for all therapeutically
 75  9 certified optometrists.  The department of ophthalmology of
 75 10 the school of medicine of the state university of Iowa shall
 75 11 be one of the providers of this continuing education.
 75 12    8.  In addition to the examination required by subsection
 75 13 1, paragraph "c", a person applying to be a therapeutically
 75 14 certified optometrist shall also pass an examination
 75 15 prescribed by the board of optometry examiners in the
 75 16 examination, diagnosis, and treatment of diseases of the human
 75 17 eye and adnexa.
 75 18    Sec. 144.  Section 154.5, unnumbered paragraph 1, Code
 75 19 2007, is amended to read as follows:
 75 20    No A school of optometry shall not be approved by the
 75 21 optometry examiners board as a school of recognized standing
 75 22 unless said the school:
 75 23    Sec. 145.  Section 154A.1, subsection 1, Code 2007, is
 75 24 amended to read as follows:
 75 25    1.  "Board" means the board of examiners for the licensing
 75 26 and regulation of hearing aid dispensers.
 75 27    Sec. 146.  Section 154A.24, subsection 3, paragraph e, Code
 75 28 2007, is amended to read as follows:
 75 29    e.  Representing that the service or advice of a person
 75 30 licensed to practice medicine, or one who is certificated as a
 75 31 clinical audiologist by the board of examiners of speech
 75 32 pathology and audiology or its equivalent, will be used or
 75 33 made available in the fitting or selection, adjustment,
 75 34 maintenance, or repair of hearing aids when that is not true,
 75 35 or using the words "doctor", "clinic", "clinical audiologist",
 76  1 "state approved", or similar words, abbreviations, or symbols
 76  2 which tend to connote the medical or other professions, except
 76  3 where the title "certified hearing aid audiologist" has been
 76  4 granted by the national hearing aid society, or that the
 76  5 hearing aid dispenser has been recommended by this state or
 76  6 the board when such is not accurate.
 76  7    Sec. 147.  Section 154C.1, subsection 1, Code 2007, is
 76  8 amended to read as follows:
 76  9    1.  "Board" means the board of social work, examiners
 76 10 established in chapter 147.
 76 11    Sec. 148.  Section 154C.3, subsection 1, paragraph c,
 76 12 subparagraph (5), Code 2007, is amended to read as follows:
 76 13    (5)  Supervision shall be provided in any of the following
 76 14 manners:
 76 15    (a)  By a social worker licensed at least at the level of
 76 16 the social worker being supervised and qualified under this
 76 17 section to practice without supervision.
 76 18    (b)  By another qualified professional, if the board of
 76 19 social work examiners determines that supervision by a social
 76 20 worker as defined in subparagraph subdivision (a) is
 76 21 unobtainable or in other situations considered appropriate by
 76 22 the board.
 76 23    Additional standards for supervision shall be determined by
 76 24 the board of social work examiners.
 76 25    Sec. 149.  Section 154D.1, subsection 1, Code 2007, is
 76 26 amended to read as follows:
 76 27    1.  "Board" means the board of behavioral science
 76 28 examiners, established in section 147.13 chapter 147.
 76 29    Sec. 150.  Section 154E.1, subsection 1, Code 2007, is
 76 30 amended to read as follows:
 76 31    1.  "Board" means the board of interpreter for the hearing
 76 32 impaired examiners sign language interpreters and
 76 33 transliterators, established in chapter 147.
 76 34    Sec. 151.  Section 155.1, subsection 1, Code 2007, is
 76 35 amended to read as follows:
 77  1    1.  "Board" means the Iowa state board of examiners for
 77  2 nursing home administrators hereinafter created, established
 77  3 in chapter 147.
 77  4    Sec. 152.  Section 155.2, unnumbered paragraph 1, Code
 77  5 2007, is amended to read as follows:
 77  6    There is established a state board of examiners for nursing
 77  7 home administrators which shall consist of nine members
 77  8 appointed by the governor subject to confirmation by the
 77  9 senate as follows:
 77 10    Sec. 153.  Section 155A.3, subsection 3, Code 2007, is
 77 11 amended to read as follows:
 77 12    3.  "Board" means the board of pharmacy examiners.
 77 13    Sec. 154.  Section 155A.21, subsection 2, Code 2007, is
 77 14 amended to read as follows:
 77 15    2.  Subsection 1 does not apply to a licensed pharmacy,
 77 16 licensed wholesaler, physician, veterinarian, dentist,
 77 17 podiatric physician, therapeutically certified optometrist,
 77 18 advanced registered nurse practitioner, physician assistant, a
 77 19 nurse acting under the direction of a physician, or the board
 77 20 of pharmacy examiners, its officers, agents, inspectors, and
 77 21 representatives, nor or to a common carrier, manufacturer's
 77 22 representative, or messenger when transporting the drug or
 77 23 device in the same unbroken package in which the drug or
 77 24 device was delivered to that person for transportation.
 77 25    Sec. 155.  Section 155A.26, Code 2007, is amended to read
 77 26 as follows:
 77 27    155A.26  ENFORCEMENT == AGENTS AS PEACE OFFICERS.
 77 28    The board of pharmacy examiners, its officers, agents,
 77 29 inspectors, and representatives, and all peace officers within
 77 30 the state, and all county attorneys shall enforce all
 77 31 provisions of this chapter, except those specifically
 77 32 delegated, and shall cooperate with all agencies charged with
 77 33 the enforcement of the laws of the United States, of this
 77 34 state, and of all other states relating to prescription drugs.
 77 35 Officers, agents, inspectors, and representatives of the board
 78  1 of pharmacy examiners shall have the powers and status of
 78  2 peace officers when enforcing the provisions of this chapter.
 78  3    Sec. 156.  Section 156.1, subsection 1, Code 2007, is
 78  4 amended to read as follows:
 78  5    1.  "Board" means the board of mortuary science examiners.
 78  6    Sec. 157.  Section 157.1, subsection 1, Code 2007, is
 78  7 amended to read as follows:
 78  8    1.  "Board" means the board of cosmetology arts and
 78  9 sciences examiners.
 78 10    Sec. 158.  Section 157.1, subsection 6, paragraph e, Code
 78 11 2007, is amended to read as follows:
 78 12    e.  Manicuring and pedicuring.
 78 13    Sec. 159.  Section 158.1, subsection 5, Code 2007, is
 78 14 amended to read as follows:
 78 15    5.  "Board" means the board of barber examiners barbering.
 78 16    Sec. 160.  Section 205.6, Code 2007, is amended to read as
 78 17 follows:
 78 18    205.6  POISON REGISTER.
 78 19    It shall be unlawful for any pharmacist to sell at retail
 78 20 any of the poisons enumerated in section 205.5 unless the
 78 21 pharmacist ascertains that the purchaser is aware of the
 78 22 character of the drug and the purchaser represents that it is
 78 23 to be used for a proper purpose and every sale of any poison
 78 24 enumerated in section 205.5 shall be entered in a book kept
 78 25 for that purpose, to be known as a "Poison Register" and the
 78 26 same shall show the date of the sale, the name and address of
 78 27 the purchaser, the name of the poison, the purpose for which
 78 28 it was represented to be purchased, and the name of the
 78 29 natural person making the sale, which book or books shall be
 78 30 open for inspection by the board of pharmacy examiners, or any
 78 31 magistrate or peace officer of this state, and preserved for
 78 32 at least five years after the date of the last sale therein
 78 33 recorded.
 78 34    Sec. 161.  Section 205.11, Code 2007, is amended to read as
 78 35 follows:
 79  1    205.11  ENFORCEMENT.
 79  2    The provisions of this chapter and chapters 124 and 126
 79  3 shall be administered and enforced by the board of pharmacy
 79  4 examiners.  In discharging any duty or exercising any power
 79  5 under those chapters, the board of pharmacy examiners shall be
 79  6 governed by all the provisions of chapter 189, which govern
 79  7 the department of agriculture and land stewardship when
 79  8 discharging a similar duty or exercising a similar power with
 79  9 reference to any of the articles dealt with in this subtitle,
 79 10 to the extent that chapter 189 is not inconsistent with this
 79 11 chapter and chapters 124 and 126.
 79 12    Sec. 162.  Section 205.12, Code 2007, is amended to read as
 79 13 follows:
 79 14    205.12  CHEMICAL ANALYSIS OF DRUGS.
 79 15    Any chemical analysis deemed necessary by the board of
 79 16 pharmacy examiners in the enforcement of this chapter and
 79 17 chapters 124 and 126 shall be made by the department of
 79 18 agriculture and land stewardship when requested by the board
 79 19 of pharmacy examiners.
 79 20    Sec. 163.  Section 205.13, Code 2007, is amended to read as
 79 21 follows:
 79 22    205.13  APPLICABILITY OF OTHER STATUTES.
 79 23    Insofar as applicable the provisions of chapter 189 shall
 79 24 apply to the articles dealt with in this chapter and chapters
 79 25 124 and 126.  The powers vested in the department of
 79 26 agriculture and land stewardship by chapter 189 shall be
 79 27 deemed for the purpose of this chapter and chapters 124 and
 79 28 126 to be vested in the board of pharmacy examiners.
 79 29    Sec. 164.  Section 232.69, subsection 3, paragraph a, Code
 79 30 2007, is amended to read as follows:
 79 31    a.  For the purposes of this subsection, "licensing board"
 79 32 means an examining a board designated in section 147.13, the
 79 33 board of educational examiners created in section 272.2, or a
 79 34 licensing board as defined in section 272C.1.
 79 35    Sec. 165.  Section 232.69, subsection 3, paragraph d,
 80  1 subparagraph (1), Code 2007, is amended to read as follows:
 80  2    (1)  A continuing education program required under chapter
 80  3 272C and approved by the appropriate licensing or examining
 80  4 board.
 80  5    Sec. 166.  Section 235A.15, subsection 2, paragraph d,
 80  6 subparagraph (7), Code 2007, is amended to read as follows:
 80  7    (7)  Each licensing board of examiners specified under
 80  8 chapter 147 and the Iowa department of public health for the
 80  9 purpose of licensure, certification or registration,
 80 10 disciplinary investigation, or the renewal of licensure,
 80 11 certification or registration, or disciplinary proceedings of
 80 12 health care professionals.
 80 13    Sec. 167.  Section 235B.6, subsection 2, paragraph b,
 80 14 subparagraph (7), Code 2007, is amended to read as follows:
 80 15    (7)  Each board of examiners specified under chapter 147
 80 16 and the Iowa department of public health for the purpose of
 80 17 licensure, certification or registration, disciplinary
 80 18 investigation, or the renewal of licensure, certification or
 80 19 registration, or disciplinary proceedings of health care
 80 20 professionals.
 80 21    Sec. 168.  Section 235B.16, subsection 5, paragraph a, Code
 80 22 2007, is amended to read as follows:
 80 23    a.  For the purposes of this subsection, "licensing board"
 80 24 means an examining a board designated in section 147.13, the
 80 25 board of educational examiners created in section 272.2, or a
 80 26 licensing board as defined in section 272C.1.
 80 27    Sec. 169.  Section 235B.16, subsection 5, paragraph d,
 80 28 subparagraph (1), Code 2007, is amended to read as follows:
 80 29    (1)  A continuing education program required under chapter
 80 30 272C and approved by the appropriate licensing or examining
 80 31 board.
 80 32    Sec. 170.  Section 235B.16, subsection 5, paragraph e, Code
 80 33 2007, is amended to read as follows:
 80 34    e.  A person required to complete both child abuse and
 80 35 dependent adult abuse mandatory reporter training may complete
 81  1 the training through a program which combines child abuse and
 81  2 dependent adult abuse curricula and thereby meet the training
 81  3 requirements of both this subsection and section 232.69
 81  4 simultaneously.  A person who is a mandatory reporter for both
 81  5 child abuse and dependent adult abuse may satisfy the combined
 81  6 training requirements of this subsection and section 232.69
 81  7 through completion of a two=hour training program, if the
 81  8 training program curriculum is approved by the appropriate
 81  9 licensing or examining board or the abuse education review
 81 10 panel established by the director of public health pursuant to
 81 11 section 135.11.
 81 12    Sec. 171.  Section 272C.1, subsection 6, Code 2007, is
 81 13 amended to read as follows:
 81 14    6.  "Licensing board" or "board" includes the following
 81 15 boards:
 81 16    a.  The state board of engineering and land surveying
 81 17 examiners, created pursuant to chapter 542B.
 81 18    b.  The board of examiners of shorthand reporters created
 81 19 pursuant to article 3 of chapter 602.
 81 20    c.  The Iowa accountancy examining board, created pursuant
 81 21 to chapter 542.
 81 22    d.  The Iowa real estate commission, created pursuant to
 81 23 chapter 543B.
 81 24    e.  The board of architectural examiners, created pursuant
 81 25 to chapter 544A.
 81 26    f.  The Iowa board of landscape architectural examiners,
 81 27 created pursuant to chapter 544B.
 81 28    g.  The board of barber examiners barbering, created
 81 29 pursuant to chapter 147.
 81 30    h.  The board of chiropractic examiners, created pursuant
 81 31 to chapter 147.
 81 32    i.  The board of cosmetology arts and sciences examiners,
 81 33 created pursuant to chapter 147.
 81 34    j.  The board of dental examiners dentistry, created
 81 35 pursuant to chapter 147.
 82  1    k.  The board of mortuary science examiners, created
 82  2 pursuant to chapter 147.
 82  3    l.  The board of medical examiners medicine, created
 82  4 pursuant to chapter 147.
 82  5    m.  The board of physician assistant examiners assistants,
 82  6 created pursuant to chapter 148C.
 82  7    n.  The board of nursing, created pursuant to chapter 147.
 82  8    o.  The board of examiners for nursing home administrators,
 82  9 created pursuant to chapter 155.
 82 10    p.  The board of optometry examiners, created pursuant to
 82 11 chapter 147.
 82 12    q.  The board of pharmacy examiners, created pursuant to
 82 13 chapter 147.
 82 14    r.  The board of physical and occupational therapy
 82 15 examiners, created pursuant to chapter 147.
 82 16    s.  The board of podiatry examiners, created pursuant to
 82 17 chapter 147.
 82 18    t.  The board of psychology examiners, created pursuant to
 82 19 chapter 147.
 82 20    u.  The board of speech pathology and audiology examiners,
 82 21 created pursuant to chapter 147.
 82 22    v.  The board for the licensing and regulation of hearing
 82 23 aid dispensers, created pursuant to chapter 154A.
 82 24    w.  The board of veterinary medicine, created pursuant to
 82 25 chapter 169.
 82 26    x.  The director of the department of natural resources in
 82 27 certifying water treatment operators as provided in sections
 82 28 455B.211 through 455B.224.
 82 29    y.  Any professional or occupational licensing board
 82 30 created after January 1, 1978.
 82 31    z.  The state board of respiratory care in licensing
 82 32 respiratory care practitioners pursuant to chapter 152B.
 82 33    aa.  The board of examiners for athletic training in
 82 34 licensing athletic trainers pursuant to chapter 152D.
 82 35    ab.  The board of examiners for massage therapy in
 83  1 licensing massage therapists pursuant to chapter 152C.
 83  2    ac.  The board of interpreter for the hearing impaired
 83  3 examiners sign language interpreters and transliterators,
 83  4 created pursuant to chapter 154E.
 83  5    ad.  The director of public health in certifying emergency
 83  6 medical care providers and emergency medical care services
 83  7 pursuant to chapter 147A.
 83  8    Sec. 172.  Section 272C.2, subsections 4 and 5, Code 2007,
 83  9 are amended to read as follows:
 83 10    4.  A person licensed to practice an occupation or
 83 11 profession in this state shall be deemed to have complied with
 83 12 the continuing education requirements of this state during
 83 13 periods that the person serves honorably on active duty in the
 83 14 military services, or for periods that the person is a
 83 15 resident of another state or district having a continuing
 83 16 education requirement for the occupation or profession and
 83 17 meets all requirements of that state or district for practice
 83 18 therein, or for periods that the person is a government
 83 19 employee working in the person's licensed specialty and
 83 20 assigned to duty outside of the United States, or for other
 83 21 periods of active practice and absence from the state approved
 83 22 by the appropriate licensing board of examiners.
 83 23    5.  A person licensed to sell real estate in this state
 83 24 shall be deemed to have complied with the continuing education
 83 25 requirements of this state during periods that the person
 83 26 serves honorably on active duty in the military services, or
 83 27 for periods that the person is a resident of another state or
 83 28 district having a continuing education requirement for the
 83 29 occupation or profession and meets all requirements of that
 83 30 state or district for practice therein, if the state or
 83 31 district accords the same privilege to Iowa residents, or for
 83 32 periods that the person is a government employee working in
 83 33 the person's licensed specialty and assigned to duty outside
 83 34 of the United States, or for other periods of active practice
 83 35 and absence from the state approved by the appropriate
 84  1 licensing board of examiners.
 84  2    Sec. 173.  Section 272C.2A, Code 2007, is amended to read
 84  3 as follows:
 84  4    272C.2A  CONTINUING EDUCATION MINIMUM REQUIREMENTS ==
 84  5 BARBERING AND COSMETOLOGY ARTS AND SCIENCES.
 84  6    The board of barber examiners barbering and the board of
 84  7 cosmetology arts and sciences examiners, created pursuant to
 84  8 chapter 147, shall each require, as a condition of license
 84  9 renewal, a minimum of six hours of continuing education in the
 84 10 two years immediately prior to a licensee's license renewal.
 84 11 The board of cosmetology arts and sciences examiners may
 84 12 notify cosmetology arts and sciences licensees on a quarterly
 84 13 basis regarding continuing education opportunities.
 84 14    Sec. 174.  Section 321J.2, subsection 7, paragraph a, Code
 84 15 2007, is amended to read as follows:
 84 16    a.  This section does not apply to a person operating a
 84 17 motor vehicle while under the influence of a drug if the
 84 18 substance was prescribed for the person and was taken under
 84 19 the prescription and in accordance with the directions of a
 84 20 medical practitioner as defined in chapter 155A or if the
 84 21 substance was dispensed by a pharmacist without a prescription
 84 22 pursuant to the rules of the board of pharmacy examiners, if
 84 23 there is no evidence of the consumption of alcohol and the
 84 24 medical practitioner or pharmacist had not directed the person
 84 25 to refrain from operating a motor vehicle.
 84 26    Sec. 175.  Section 331.756, subsection 40, Code 2007, is
 84 27 amended to read as follows:
 84 28    40.  Prosecute violations of the Iowa drug, device, and
 84 29 cosmetic Act as requested by the board of pharmacy examiners
 84 30 as provided in section 126.7.
 84 31    Sec. 176.  Section 462A.14, subsection 7, paragraph a, Code
 84 32 2007, is amended to read as follows:
 84 33    a.  This section does not apply to a person operating a
 84 34 motorboat or sailboat while under the influence of a drug if
 84 35 the substance was prescribed for the person and was taken
 85  1 under the prescription and in accordance with the directions
 85  2 of a medical practitioner as defined in chapter 155A or if the
 85  3 substance was dispensed by a pharmacist without a prescription
 85  4 pursuant to the rules of the board of pharmacy examiners, if
 85  5 there is no evidence of the consumption of alcohol and the
 85  6 medical practitioner or pharmacist had not directed the person
 85  7 to refrain from operating a motor vehicle, or motorboat or
 85  8 sailboat.
 85  9    Sec. 177.  Section 514F.1, Code 2007, is amended to read as
 85 10 follows:
 85 11    514F.1  UTILIZATION AND COST CONTROL REVIEW COMMITTEES.
 85 12    The licensing boards of examiners under chapters 148, 149,
 85 13 150, 150A, 151, and 152 shall establish utilization and cost
 85 14 control review committees of licensees under the respective
 85 15 chapters, selected from licensees who have practiced in Iowa
 85 16 for at least the previous five years, or shall accredit and
 85 17 designate other utilization and cost control organizations as
 85 18 utilization and cost control committees under this section,
 85 19 for the purposes of utilization review of the appropriateness
 85 20 of levels of treatment and of giving opinions as to the
 85 21 reasonableness of charges for diagnostic or treatment services
 85 22 of licensees.  Persons governed by the various chapters of
 85 23 Title XIII, subtitle 1, of the Code and self=insurers for
 85 24 health care benefits to employees may utilize the services of
 85 25 the utilization and cost control review committees upon the
 85 26 payment of a reasonable fee for the services, to be determined
 85 27 by the respective boards of examiners.  The respective boards
 85 28 of examiners under chapters 148, 149, 150, 150A, 151, and 152
 85 29 shall adopt rules necessary and proper for the implementation
 85 30 administration of this section pursuant to chapter 17A.  It is
 85 31 the intent of this general assembly that conduct of the
 85 32 utilization and cost control review committees authorized
 85 33 under this section shall be exempt from challenge under
 85 34 federal or state antitrust laws or other similar laws in
 85 35 regulation of trade or commerce.
 86  1    Sec. 178.  Section 523A.813, Code 2007, is amended to read
 86  2 as follows:
 86  3    523A.813  LICENSE REVOCATION == RECOMMENDATION BY
 86  4 COMMISSIONER TO BOARD OF MORTUARY SCIENCE EXAMINERS.
 86  5    Upon a determination by the commissioner that grounds exist
 86  6 for an administrative license revocation or suspension action
 86  7 by the board of mortuary science examiners under chapter 156,
 86  8 the commissioner may forward to the board the grounds for the
 86  9 determination, including all evidence in the possession of the
 86 10 commissioner, so that the board may proceed with the matter as
 86 11 deemed appropriate.
 86 12    Sec. 179.  Section 622.10, subsection 5, Code 2007, is
 86 13 amended to read as follows:
 86 14    5.  For the purposes of this section, "mental health
 86 15 professional" means a psychologist licensed under chapter
 86 16 154B, a registered nurse licensed under chapter 152, a social
 86 17 worker licensed under chapter 154C, a marital and family
 86 18 therapist licensed under chapter 154D, a mental health
 86 19 counselor licensed under chapter 154D, or an individual
 86 20 holding at least a master's degree in a related field as
 86 21 deemed appropriate by the board of behavioral science
 86 22 examiners.
 86 23    Sec. 180.  Section 622.31, Code 2007, is amended to read as
 86 24 follows:
 86 25    622.31  EVIDENCE OF REGRET OR SORROW.
 86 26    In any civil action for professional negligence, personal
 86 27 injury, or wrongful death or in any arbitration proceeding for
 86 28 professional negligence, personal injury, or wrongful death
 86 29 against a person in a profession represented by the examining
 86 30 boards listed in section 272C.1 and any other licensed
 86 31 profession recognized in this state, a hospital licensed
 86 32 pursuant to chapter 135B, or a health care facility licensed
 86 33 pursuant to chapter 135C, based upon the alleged negligence in
 86 34 the practice of that profession or occupation, that portion of
 86 35 a statement, affirmation, gesture, or conduct expressing
 87  1 sorrow, sympathy, commiseration, condolence, compassion, or a
 87  2 general sense of benevolence that was made by the person to
 87  3 the plaintiff, relative of the plaintiff, or decision maker
 87  4 for the plaintiff that relates to the discomfort, pain,
 87  5 suffering, injury, or death of the plaintiff as a result of an
 87  6 alleged breach of the applicable standard of care is
 87  7 inadmissible as evidence.  Any response by the plaintiff,
 87  8 relative of the plaintiff, or decision maker for the plaintiff
 87  9 to such statement, affirmation, gesture, or conduct is
 87 10 similarly inadmissible as evidence.
 87 11    Sec. 181.  Section 707.8A, subsection 7, Code 2007, is
 87 12 amended to read as follows:
 87 13    7.  a.  A licensed physician subject to the authority of
 87 14 the state board of medical examiners medicine who is accused
 87 15 of a violation of subsection 2 may seek a hearing before the
 87 16 board on whether the physician's conduct was necessary to save
 87 17 the life of the mother whose life was endangered by a physical
 87 18 disorder, physical illness, or physical injury.
 87 19    b.  The board's findings concerning the physician's conduct
 87 20 are admissible at the criminal trial of the physician.  Upon a
 87 21 motion of the physician, the court shall delay the beginning
 87 22 of the trial for not more than thirty days to permit the
 87 23 hearing before the board of medical examiners medicine to take
 87 24 place.
 87 25    Sec. 182.  Section 714.25, unnumbered paragraph 2, Code
 87 26 2007, is amended to read as follows:
 87 27    A proprietary school shall, prior to the time a student is
 87 28 obligated for payment of any moneys, inform the student, the
 87 29 college student aid commission, and in the case of a school
 87 30 licensed under section 157.8, the board of cosmetology
 87 31 examiners arts and sciences or in the case of a school
 87 32 licensed under section 158.7, the board of barber examiners
 87 33 barbering, of all of the following:
 87 34    Sec. 183.  Section 729.6, subsection 1, paragraph e, Code
 87 35 2007, is amended to read as follows:
 88  1    e.  "Licensing agency" means a board, commission,
 88  2 committee, council, department, examining board, or officer,
 88  3 except a judicial officer, in the state, or in a city, county,
 88  4 township, or local government, authorized to grant, deny,
 88  5 renew, revoke, suspend, annul, withdraw, or amend a license or
 88  6 certificate of registration.
 88  7    Sec. 184.  CODE EDITOR DIRECTIVE.  Wherever the term
 88  8 "examiners" or "examining board" appears in the Code or in the
 88  9 Acts pending codification, in reference to one of the boards
 88 10 enumerated in section 147.13, the Code editor is directed to
 88 11 change the term to the appropriate board designation as
 88 12 enumerated in section 147.13.
 88 13
 88 14
 88 15                                                             
 88 16                               JOHN P. KIBBIE
 88 17                               President of the Senate
 88 18
 88 19
 88 20                                                             
 88 21                               PATRICK J. MURPHY
 88 22                               Speaker of the House
 88 23
 88 24    I hereby certify that this bill originated in the Senate and
 88 25 is known as Senate File 74, Eighty=second General Assembly.
 88 26
 88 27
 88 28                                                             
 88 29                               MICHAEL E. MARSHALL
 88 30                               Secretary of the Senate
 88 31 Approved                , 2007
 88 32
 88 33
 88 34                                
 88 35 CHESTER J. CULVER
 89  1 Governor