Senate File 2095 - Introduced



                                       SENATE FILE       
                                       BY  HATCH and BOETTGER


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act establishing an Iowa health freedom Act.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 5841XS 81
  4 rn/je/5

PAG LIN



  1  1    Section 1.  IOWA HEALTH FREEDOM ACT == LEGISLATIVE
  1  2 FINDINGS.
  1  3    1.  SHORT TITLE.  This Act shall be known and may be cited
  1  4 as the "Iowa Health Freedom Act".
  1  5    2.  LEGISLATIVE INTENT.  The general assembly recognizes
  1  6 that people find value in utilizing unlicensed and licensed
  1  7 health care providers, and diverse methods, to meet a wide
  1  8 variety of highly individual and personally determined needs,
  1  9 including comfort, well=being, vitality, hope, prevention of
  1 10 disease, treatment of chronic and acute conditions, self=
  1 11 understanding, self=empowerment, and self=development.  The
  1 12 general assembly also recognizes that individuals are
  1 13 ultimately responsible for choosing their own health care
  1 14 because they are the ones that experience the effects of that
  1 15 health care on their health and well=being, and that the
  1 16 exercise of the constitutional right to privacy and self=
  1 17 determination in regard to health care requires freedom to
  1 18 access all information and all methods and providers deemed of
  1 19 value by individuals so that they may have the best
  1 20 opportunity to find their most suitable path to health and
  1 21 well=being.  The general assembly additionally recognizes that
  1 22 the threat of prosecution under the chapters contained in
  1 23 Title IV, subtitle 3, pertaining to licensure requirements for
  1 24 health care providers, has significantly, harmfully, and
  1 25 unnecessarily limited the availability of many healing arts
  1 26 services in Iowa by potentially subjecting the unlicensed
  1 27 providers of those services to fines, penalties, and the
  1 28 restriction of their practice.
  1 29    Sec. 2.  NEW SECTION.  147.86A  PROVISIONS NOT APPLICABLE.
  1 30    The provisions of this chapter, or any chapter contained in
  1 31 Title IV, subtitle 3, licensing a health care provider shall
  1 32 not be construed to prohibit the practice of healing arts
  1 33 diagnoses and treatments by an unlicensed person provided that
  1 34 the requirements of sections 147.105 and 147.105A are met.
  1 35 The provisions of this chapter, or any chapter contained in
  2  1 Title IV, subtitle 3, shall not be construed to apply to,
  2  2 control, or prevent the practice of healing arts diagnoses and
  2  3 treatments by persons already lawfully exempt from an
  2  4 applicable licensing chapter.  The penalty provisions of
  2  5 section 147.86, or specific penalty provisions contained
  2  6 within an otherwise applicable licensing chapter, shall not
  2  7 apply to the practice of healing arts diagnoses and treatment
  2  8 by an unlicensed person provided that the requirements of
  2  9 sections 147.105 and 147.105A are met.
  2 10    Sec. 3.  NEW SECTION.  147.105  PROVISION OF HEALTH CARE BY
  2 11 UNLICENSED PERSONS.
  2 12    Notwithstanding any other provision to the contrary, a
  2 13 person who is not licensed by this state as a health care
  2 14 professional, and who provides healing arts diagnoses and
  2 15 treatment, does not violate Title IV, subtitle 3, pertaining
  2 16 to health care provider licensure requirements, unless the
  2 17 person:
  2 18    1.  Conducts surgery, sets fractures, or performs any other
  2 19 procedure on any person that harmfully invades the skin.
  2 20    2.  Prescribes or administers x=ray radiation.
  2 21    3.  Prescribes or administers drugs, devices, or controlled
  2 22 substances for which a prescription by a licensed health care
  2 23 provider is required.
  2 24    4.  Represents, states, indicates, advertises, or implies
  2 25 that the person has been issued a license to practice a health
  2 26 care profession in this state.
  2 27    Sec. 4.  NEW SECTION.  147.105A  DISCLOSURES BY UNLICENSED
  2 28 PERSONS WHO PROVIDE HEALTH CARE.
  2 29    1.  An unlicensed person who advertises in any media that
  2 30 the person is a provider of healing arts diagnoses and
  2 31 treatments, or who receives financial compensation for the
  2 32 provision of healing arts diagnoses and treatments, shall,
  2 33 prior to the provision of such services, provide a prospective
  2 34 client a plainly worded written statement disclosing the
  2 35 following:
  3  1    a.  That the provider is not a licensed health care
  3  2 provider pursuant to the licensure provisions of any of the
  3  3 chapters of Title IV, subtitle 3.
  3  4    b.  The nature of the health care diagnoses and treatment
  3  5 to be provided.
  3  6    c.  The education, training, experience, or other
  3  7 credentials or qualifications of the unlicensed provider
  3  8 regarding the diagnoses and treatment being provided,
  3  9 accompanied by the following statement:
  3 10    "The state of Iowa has not adopted educational and training
  3 11 standards for unlicensed providers of health care services.
  3 12 This statement of credentials is for informational purposes
  3 13 only.  If a client wishes to receive health care from a
  3 14 licensed health care provider, the client may seek such care
  3 15 at any time.  Clients receiving treatment from a licensed
  3 16 provider of health care should consult with that licensed
  3 17 provider before modifying or discontinuing such treatment."
  3 18    d.  Whether the provider has voluntarily relinquished a
  3 19 license to practice any health care profession in Iowa or
  3 20 elsewhere under threat of discipline by a licensing board or
  3 21 agency, civil liability, or criminal prosecution.
  3 22    e.  The revocation of a provider's license to practice any
  3 23 health care profession in this or any other state for
  3 24 misconduct.
  3 25    f.  Whether the provider has been convicted or adjudicated
  3 26 not guilty of a criminal offense against a minor, or of sexual
  3 27 exploitation, or of a sexually violent crime against any
  3 28 person, or is under indictment for any such crimes.
  3 29    g.  That the parent or legal guardian of a minor seeking
  3 30 treatment has a right to request and receive written
  3 31 permission from the provider for access to the relevant data
  3 32 in the Iowa child abuse registry.
  3 33    2.  An unlicensed provider of healing arts diagnoses and
  3 34 treatments shall obtain written acknowledgment from a
  3 35 prospective client indicating that the prospective client has
  4  1 been provided with the statement of disclosures pursuant to
  4  2 subsection 1, and shall supply the client with a copy of the
  4  3 disclosures and acknowledgment.  The acknowledgment shall be
  4  4 retained by the provider for a two=year period.
  4  5    3.  Any advertisement by an unlicensed provider of healing
  4  6 arts diagnoses and treatments shall disclose that the provider
  4  7 has not been issued a license to practice a licensed health
  4  8 care profession in this state.
  4  9    4.  Upon request, an unlicensed provider of healing arts
  4 10 diagnoses and treatment shall give written permission to a
  4 11 parent or legal guardian of a minor to allow the parent or
  4 12 legal guardian to access the Iowa child abuse registry.
  4 13    Sec. 5.  NEW SECTION.  147.105B  SCOPE OF CHAPTER ==
  4 14 REMEDIES.
  4 15    1.  The department may issue an immediate cease and desist
  4 16 order, or seek a temporary or permanent injunction, against an
  4 17 unlicensed provider of healing arts diagnoses and treatment
  4 18 who fails to comply with the provisions of sections 147.105
  4 19 and 147.105A.
  4 20    2.  State criminal and civil law not relating to the
  4 21 provision of health care shall continue to apply to unlicensed
  4 22 providers of healing arts diagnoses and treatments.
  4 23    3.  This section does not limit the right of any person to
  4 24 seek relief for negligent or willful harm, or to seek any
  4 25 other civil remedy against an unlicensed provider of healing
  4 26 arts diagnoses and treatments.
  4 27    4.  This section does not restrict the state from taking
  4 28 action regarding the maltreatment of minors.
  4 29                           EXPLANATION
  4 30    This bill establishes an Iowa health freedom Act dealing
  4 31 with the provision of healing arts diagnoses and treatment by
  4 32 unlicensed persons.
  4 33    The bill contains intent language indicating that the
  4 34 general assembly recognizes that people find value in
  4 35 utilizing unlicensed and licensed health care providers, and
  5  1 diverse methods, to meet a wide variety of highly individual
  5  2 and personally determined needs; that individuals are
  5  3 ultimately responsible for choosing their own health care
  5  4 because they are the ones that experience the effects of that
  5  5 health care on their health and well=being; and that the
  5  6 exercise of the constitutional right to privacy and self=
  5  7 determination in regard to health care requires freedom to
  5  8 access all information and all methods and providers deemed of
  5  9 value by individuals so that they may have the best
  5 10 opportunity to find their most suitable path to health and
  5 11 well=being.  The intent section also indicates that the
  5 12 general assembly recognizes that the threat of prosecution
  5 13 under the professional licensing chapters contained in Code
  5 14 Title IV, subtitle 3, has significantly, harmfully, and
  5 15 unnecessarily limited the availability of many healing arts
  5 16 services in Iowa by potentially subjecting the unlicensed
  5 17 providers of those services to fines, penalties, and the
  5 18 restriction of their practice.
  5 19    The bill provides that Code Title IV, subtitle 3, providing
  5 20 for the licensing of health care providers shall not be
  5 21 construed to prohibit the practice of healing arts diagnoses
  5 22 and treatment by an unlicensed person provided that the
  5 23 requirements of new Code sections 147.105 and 147.105A
  5 24 relating to prohibited practices and disclosure, are met, nor
  5 25 shall they be construed to apply to, control, or prevent the
  5 26 practice of healing arts diagnoses and treatment by persons
  5 27 already lawfully exempt from an applicable licensing Code
  5 28 chapter.  The bill removes the practice of healing arts
  5 29 diagnoses and treatment from the penalty provisions of Code
  5 30 section 147.86, or specific penalty provisions contained
  5 31 within an otherwise applicable licensing Code chapter.
  5 32    The bill provides that the provision of healing arts
  5 33 diagnoses and treatment does not violate Code Title IV,
  5 34 subtitle 3, pertaining to health care provider licensure
  5 35 requirements, unless the provider of such services conducts
  6  1 surgery, sets fractures, or performs any other procedure on
  6  2 any person that harmfully invades the skin; prescribes or
  6  3 administers x=ray radiation; prescribes or administers drugs,
  6  4 devices, or controlled substances for which a prescription by
  6  5 a licensed health care provider is required; or represents,
  6  6 states, indicates, advertises, or implies that the person has
  6  7 been issued a license to practice a health care profession in
  6  8 this state.
  6  9    The bill requires an unlicensed person who advertises in
  6 10 any media that they are a provider of healing arts diagnoses
  6 11 and treatment, or who receives financial compensation for the
  6 12 provision of healing arts diagnoses and treatment, to supply a
  6 13 prospective client prior to the provision of such services
  6 14 with a plainly worded written statement making several
  6 15 disclosures.  It must be disclosed that the provider is not a
  6 16 licensed heath care provider; the nature of the health care
  6 17 diagnoses and treatment to be provided; and the education,
  6 18 training, experience, or other credentials or qualifications
  6 19 of the unlicensed provider regarding the diagnoses and
  6 20 treatment being provided, accompanied by a statement that Iowa
  6 21 has not adopted educational and training standards for
  6 22 unlicensed providers of health care services; that the
  6 23 statement of credentials is for informational purposes only;
  6 24 and that if a client wishes to receive health care from a
  6 25 licensed health care provider, the client may seek such care
  6 26 at any time and should consult with a licensed provider before
  6 27 modifying or discontinuing such existing treatment.  An
  6 28 unlicensed provider of healing arts diagnoses and treatment
  6 29 must also disclose whether the provider has voluntarily
  6 30 relinquished a license to practice; had a license revoked;
  6 31 been convicted or adjudicated of a criminal offense against a
  6 32 minor, or of sexual exploitation, or of a sexually violent
  6 33 crime against any person, or is under indictment for any such
  6 34 crimes; and that the parent or legal guardian of a minor
  6 35 seeking treatment has a right to request and receive written
  7  1 permission from the provider for access to the relevant data
  7  2 in the Iowa child abuse registry.  The bill provides that
  7  3 written acknowledgment from a prospective client that the
  7  4 client was provided a statement of disclosures must be
  7  5 obtained, and retained for a two=year period, and that the
  7  6 prospective client shall receive a copy of the disclosures and
  7  7 acknowledgment.
  7  8    The bill additionally provides that an advertisement by an
  7  9 unlicensed provider of healing arts diagnoses and treatments
  7 10 shall disclose that the provider has not been issued a license
  7 11 to practice a licensed health care profession, and that upon
  7 12 request, an unlicensed provider of health care services shall
  7 13 give written permission to a parent or legal guardian of a
  7 14 minor to allow the parent or legal guardian to access the Iowa
  7 15 child abuse registry.
  7 16    The bill also provides for the scope of the bill's
  7 17 provisions and penalties.  The bill provides that the Iowa
  7 18 department of public health may issue an immediate cease and
  7 19 desist order, or seek a temporary or permanent injunction,
  7 20 against an unlicensed provider of healing arts diagnoses and
  7 21 treatment who fails to comply with the bill's provisions, and
  7 22 that state criminal and civil law not relating to the
  7 23 provision of health care shall continue to be applicable.  The
  7 24 bill provides that its provisions shall not limit the right of
  7 25 any person to seek relief for negligent or willful harm, or to
  7 26 seek any other civil remedy, and does not restrict the state
  7 27 from taking action regarding the maltreatment of minors.
  7 28 LSB 5841XS 81
  7 29 rn:nh/je/5