Senate File 2295 - Introduced
SENATE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO SSB 3084)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for various technical and substantive changes
2 relating to health licensing and related public health
3 matters.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 135.22A, subsection 3, Code Supplement
1 2 2005, is amended to read as follows:
1 3 3. The council shall be composed of a minimum of nine
1 4 members appointed by the governor in addition to the ex
1 5 officio members, and the governor may appoint additional
1 6 members. Insofar as practicable, the council shall include
1 7 persons with brain injuries, family members of persons with
1 8 brain injuries, representatives of industry, labor, business,
1 9 and agriculture, representatives of federal, state, and local
1 10 government, and representatives of religious, charitable,
1 11 fraternal, civic, educational, medical, legal, veteran,
1 12 welfare, and other professional groups and organizations.
1 13 Members shall be appointed representing every geographic and
1 14 employment area of the state and shall include members of both
1 15 sexes. A simple majority of the members appointed by the
1 16 governor shall constitute a quorum.
1 17 Sec. 2. Section 135.109, subsection 3, paragraph b, Code
1 18 2005, is amended to read as follows:
1 19 b. A licensed physician or nurse who is knowledgeable
1 20 concerning domestic abuse injuries and deaths, including
1 21 suicides.
1 22 Sec. 3. Section 135.109, subsection 4, Code 2005, is
1 23 amended by adding the following new paragraph:
1 24 NEW PARAGRAPH. j. The director of the state law
1 25 enforcement academy.
1 26 Sec. 4. Section 135.110, subsection 1, paragraph a,
1 27 unnumbered paragraph 1, Code 2005, is amended to read as
1 28 follows:
1 29 Prepare an annual a biennial report for the governor,
1 30 supreme court, attorney general, and the general assembly
1 31 concerning the following subjects:
1 32 Sec. 5. Section 137.6, subsection 2, paragraph a, Code
1 33 2005, is amended to read as follows:
1 34 a. Rules of a county board shall become effective upon
1 35 approval by the county board of supervisors by a motion or
2 1 resolution as defined in section 331.101, subsection 13, and
2 2 publication in a newspaper having general circulation in the
2 3 county.
2 4 Sec. 6. Section 147.153, subsection 3, Code 2005, is
2 5 amended to read as follows:
2 6 3. Pass an examination administered as determined by the
2 7 board to assure the applicant's professional competence in
2 8 speech pathology or audiology by rule.
2 9 Sec. 7. Section 147.155, Code 2005, is amended to read as
2 10 follows:
2 11 147.155 TEMPORARY CLINICAL LICENSE.
2 12 Any person who has fulfilled all of the requirements for
2 13 licensure under this division, except for having completed the
2 14 nine months clinical experience requirement as provided in
2 15 section 147.153, subsection 1 or 2, and the examination as
2 16 provided in section 147.153, subsection 3, may apply to the
2 17 board for a temporary clinical license. The license shall be
2 18 designated "temporary clinical license in speech pathology" or
2 19 "temporary clinical license in audiology" and shall authorize
2 20 the licensee to practice speech pathology or audiology under
2 21 the supervision of a licensed speech pathologist or licensed
2 22 audiologist, as appropriate. The license shall be valid for
2 23 one year and may be renewed once at the discretion of the
2 24 board. The fee for a temporary clinical license shall be set
2 25 by the board to cover the administrative costs of issuing the
2 26 license, and if renewed, a renewal fee as set by the board
2 27 shall be required. A temporary clinical license shall be
2 28 issued only upon evidence satisfactory to the board that the
2 29 applicant will be supervised by a person licensed as a speech
2 30 pathologist or audiologist, as appropriate. The board shall
2 31 revoke any temporary clinical license at any time it
2 32 determines either that the work done by the temporary clinical
2 33 licensee or the supervision being given the temporary clinical
2 34 licensee does not conform to reasonable standards established
2 35 by the board.
3 1 Sec. 8. Section 149.3, Code 2005, is amended to read as
3 2 follows:
3 3 149.3 LICENSE.
3 4 Every applicant for a license to practice podiatry shall:
3 5 1. Be a graduate of an accredited high school of podiatry.
3 6 2. Present a diploma an official transcript issued by a
3 7 school of podiatry approved by the board of podiatry
3 8 examiners.
3 9 3. Pass an examination in the subjects of anatomy,
3 10 chemistry, dermatology, diagnosis, pharmacy and materia
3 11 medica, pathology, physiology, histology, bacteriology,
3 12 neurology, practical and clinical podiatry, foot orthopedics,
3 13 and others, as prescribed by the board of podiatry examiners
3 14 as determined by the board by rule.
3 15 4. Have successfully completed a one=year residency or
3 16 preceptorship approved by the board of podiatry examiners as
3 17 determined by the board by rule. This subsection applies to
3 18 all applicants who graduate from podiatric college on or after
3 19 January 1, 1995.
3 20 Sec. 9. Section 149.7, unnumbered paragraph 2, Code 2005,
3 21 is amended to read as follows:
3 22 The temporary certificate shall be issued for one year and
3 23 may be renewed, but a person shall not be entitled to practice
3 24 podiatry in excess of three years while holding a temporary
3 25 certificate. The fee for this certificate shall be set by the
3 26 podiatry examiners and if extended beyond one year a renewal
3 27 fee per year shall be set by the podiatry examiners. The fees
3 28 shall be based on the administrative costs of issuing and
3 29 renewing the certificates. The podiatry examiners may cancel
3 30 a temporary certificate at any time, without a hearing, for
3 31 reasons deemed sufficient to the podiatry examiners.
3 32 Sec. 10. Section 149.7, unnumbered paragraphs 3 and 4,
3 33 Code 2005, are amended by striking the unnumbered paragraphs.
3 34 Sec. 11. Section 151.12, Code 2005, is amended to read as
3 35 follows:
4 1 151.12 TEMPORARY CERTIFICATE.
4 2 The chiropractic examiners may, in their discretion, issue
4 3 a temporary certificate authorizing the licensee to practice
4 4 chiropractic if, in the opinion of the chiropractic examiners,
4 5 a need exists and the person possesses the qualifications
4 6 prescribed by the chiropractic examiners for the license,
4 7 which shall be substantially equivalent to those required for
4 8 licensure under this chapter. The chiropractic examiners
4 9 shall determine in each instance those eligible for this
4 10 license, whether or not examinations shall be given, and the
4 11 type of examinations, and the duration of the license. No
4 12 requirements of the law pertaining to regular permanent
4 13 licensure are mandatory for this temporary license except as
4 14 specifically designated by the chiropractic examiners. The
4 15 granting of a temporary license does not in any way indicate
4 16 that the person so licensed is eligible for regular licensure,
4 17 nor are the chiropractic examiners in any way obligated to so
4 18 license the person.
4 19 The temporary certificate shall be issued for one year and
4 20 at the discretion of the chiropractic examiners may be
4 21 renewed, but a person shall not practice chiropractic in
4 22 excess of three years while holding a temporary certificate.
4 23 The fee for this license shall be set by the chiropractic
4 24 examiners and if extended beyond one year a renewal fee per
4 25 year shall be set by the chiropractic examiners. The fees fee
4 26 for the temporary license shall be based on the administrative
4 27 costs of issuing and renewing the licenses. The chiropractic
4 28 examiners may cancel a temporary certificate at any time,
4 29 without a hearing, for reasons deemed sufficient to the
4 30 chiropractic examiners.
4 31 When the chiropractic examiners cancel a temporary
4 32 certificate they shall promptly notify the licensee by
4 33 registered mail, at the licensee's last=named address, as
4 34 reflected by the files of the chiropractic examiners, and the
4 35 temporary certificate is terminated and of no further force
5 1 and effect three days after the mailing of the notice to the
5 2 licensee.
5 3 Sec. 12. Section 154.3, subsection 1, Code 2005, is
5 4 amended to read as follows:
5 5 1. Every applicant for a license to practice optometry
5 6 shall:
5 7 a. Present satisfactory evidence of a preliminary
5 8 education equivalent to at least four years study in an
5 9 accredited high school or other secondary school. Be a
5 10 graduate of an accredited school of optometry.
5 11 b. Present a diploma from an official transcript issued by
5 12 an accredited school of optometry.
5 13 c. Pass an examination prescribed by the optometry
5 14 examiners in the subjects of physiology of the eye, optical
5 15 physics, anatomy of the eye, ophthalmology, and practical
5 16 optometry as determined by the board by rule.
5 17 Sec. 13. Section 154B.6, subsection 3, Code 2005, is
5 18 amended to read as follows:
5 19 3. Have not failed the examination required in subsection
5 20 2 within the six months next sixty days preceding the date of
5 21 the subsequent examination.
5 22 The examinations required in this section may, at the
5 23 discretion of the board, be waived for holders by examination
5 24 of licenses or certificates from states whose requirements are
5 25 substantially equivalent to those of this chapter, and for
5 26 holders by examination of specialty diplomas from the American
5 27 board of professional psychology.
5 28 Any person who within one year after July 1, 1975, meets
5 29 the requirements specified in subsection 1 shall receive
5 30 licensure without having passed the examination required in
5 31 subsection 2 if application for licensure is filed with the
5 32 board of psychology examiners before July 1, 1977. Any person
5 33 holding a certificate as a psychologist from the board of
5 34 examiners of the Iowa psychological association on July 1,
5 35 1977, who applies for certification before July 1, 1975, shall
6 1 receive certification.
6 2 Sec. 14. Section 154D.2, subsection 2, paragraph b, Code
6 3 Supplement 2005, is amended to read as follows:
6 4 b. Has at least two years of supervised clinical
6 5 experience or its equivalent in assessing mental health needs
6 6 and problems and in providing appropriate mental health
6 7 services as approved by the board. Standards for supervision,
6 8 including the required qualifications for supervisors, shall
6 9 be determined by the board by rule.
6 10 Sec. 15. Section 157.2, subsection 1, paragraph e, Code
6 11 Supplement 2005, is amended to read as follows:
6 12 e. Employees and residents of hospitals, health care
6 13 facilities, orphans' homes, juvenile homes, and other similar
6 14 facilities who shampoo, arrange, dress, or curl the hair of
6 15 perform cosmetology services for any resident without
6 16 receiving direct compensation from the person receiving the
6 17 service.
6 18 Sec. 16. Section 157.2, subsection 1, Code Supplement
6 19 2005, is amended by adding the following new paragraph:
6 20 NEW PARAGRAPH. ee. Volunteers for and residents of health
6 21 care facilities, orphans' homes, juvenile homes, and other
6 22 similar facilities who shampoo, arrange, dress, or curl the
6 23 hair, apply makeup, or polish the nails of any resident
6 24 without receiving compensation from the person receiving the
6 25 service.
6 26 Sec. 17. Section 157.10, subsection 1, Code 2005, is
6 27 amended to read as follows:
6 28 1. The course of study required for licensure for the
6 29 practice of cosmetology shall be two thousand one hundred
6 30 clock hours, or seventy semester credit hours or the
6 31 equivalent thereof as determined pursuant to administrative
6 32 rule and regulations promulgated by the United States
6 33 department of education. The clock hours, and equivalent
6 34 number of semester credit hours or the equivalent thereof as
6 35 determined pursuant to administrative rule and regulations
7 1 promulgated by the United States department of education, of a
7 2 course of study required for licensure for the practices of
7 3 electrology, esthetics, and nail technology, manicuring, and
7 4 pedicuring shall be established by the board. The board shall
7 5 adopt rules to define the course and content of study for each
7 6 practice of cosmetology arts and sciences.
7 7 Sec. 18. Section 157.5A, Code 2005, is repealed.
7 8 EXPLANATION
7 9 This bill makes several changes and modifications to
7 10 provisions relating to various health licensing and public
7 11 health matters.
7 12 The bill specifies a quorum requirement of a simple
7 13 majority of the members appointed by the governor for the
7 14 brain injury advisory council. With regard to the domestic
7 15 abuse death review team, the bill adds to the team, as an
7 16 alternative to the current designation of a licensed physician
7 17 who is knowledgeable concerning domestic abuse injuries and
7 18 deaths, including suicides, the designation of a nurse. Also,
7 19 the bill adds the director of the state law enforcement
7 20 academy to the list of individuals who are responsible for
7 21 designating a liaison to assist the team in fulfilling its
7 22 duties.
7 23 Further, the domestic abuse death review team report shall
7 24 be required on a biennial basis, as opposed to the current
7 25 annual requirement.
7 26 The bill provides for a technical clarification regarding
7 27 the enactment of rules by motion or resolution by local boards
7 28 of health, provides for the determination of an examination
7 29 requirement by the speech pathology and audiology board by
7 30 rule, and deletes a provision permitting revocation of a
7 31 temporary clinical license for speech pathology and audiology
7 32 by the board when determined not to conform to reasonable
7 33 standards established by the board.
7 34 With regard to the board of podiatry examiners, the bill
7 35 makes changes relating to qualification for a license,
8 1 providing that an applicant be a graduate of an accredited
8 2 school of podiatry rather than an accredited high school,
8 3 providing that an official transcript be presented rather than
8 4 a diploma, providing the requirements of a licensing
8 5 examination be determined by the board by rule, and providing
8 6 that the board will determine residency requirements by rule.
8 7 Additionally, the bill deletes provisions regarding revocation
8 8 or expiration of a temporary certificate to practice podiatry
8 9 by the board under specified circumstances involving lack of a
8 10 hearing and decision making entirely in the board's
8 11 discretion.
8 12 Concerning actions of the board of chiropractic examiners,
8 13 the bill provides that the board shall determine the duration
8 14 of a temporary certificate regarding the practice of
8 15 chiropractic, makes technical changes such as changing the
8 16 word "fees" to "fee", and again deletes provisions similar to
8 17 earlier portions of the bill regarding revocation of a
8 18 temporary certificate by the board under specified
8 19 circumstances.
8 20 The bill provides that the permissible time interval
8 21 between examinations administered by the board of psychology
8 22 examiners shall be shortened from six months to 60 days, and
8 23 deletes outdated psychology license requirement language tied
8 24 to the 1970s. With regard to the board of behavioral science
8 25 examiners, the bill provides that a requirement for licensure
8 26 of at least two years of supervised clinical experience in
8 27 assessing mental health needs and problems and providing
8 28 appropriate mental health services shall be broadened to
8 29 include the equivalent of such experience. The bill specifies
8 30 that an applicant for license as an optometrist must be a
8 31 graduate of an accredited school of optometry, rather than
8 32 possessing an education equivalent of at least four years of
8 33 study in an accredited high school or other secondary school
8 34 as currently required. Also, an official transcript rather
8 35 than a diploma must be presented from an accredited school of
9 1 optometry, and the optometry examination shall be as
9 2 determined by the board by rule.
9 3 Relating to cosmetology, the bill expands basic cosmetology
9 4 services that can be provided by persons not licensed by the
9 5 cosmetology board and employed by hospitals, health care
9 6 facilities, juvenile homes, and similar facilities, and also
9 7 lists services that can be provided by volunteers for and
9 8 residents of such facilities. The bill additionally provides
9 9 that the number of hours of study required for licensure for
9 10 the practice of specified cosmetology services shall be
9 11 expanded to include manicuring and pedicuring, and deletes a
9 12 separate provision regarding license requirements for
9 13 manicurists.
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