Senate Study Bill 3084





                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            PUBLIC HEALTH BILL)


    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:
  5 TLSB 5253DP 81
  6 rn/je/5

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 135.109, subsection 8, Code 2005, is
  1 27 amended to read as follows:
  1 28    8.  Team members and their agents are immune from any
  1 29 liability, civil or criminal, which might otherwise be
  1 30 incurred or imposed as a result of any act, omission,
  1 31 proceeding, decision, or determination undertaken or
  1 32 performed, or recommendation made as a team member or agent
  1 33 provided that the team members or agents acted reasonably and
  1 34 in good faith and without malice in carrying out their
  1 35 official duties in their official capacity.  A complainant
  2  1 bears the burden of proof by clear and convincing evidence in
  2  2 establishing malice or unreasonableness or lack of good faith
  2  3 in an action brought against team members involving the
  2  4 performance of their duties and powers.
  2  5    Sec. 5.  Section 135.110, subsection 1, paragraph a,
  2  6 unnumbered paragraph 1, Code 2005, is amended to read as
  2  7 follows:
  2  8    Prepare an annual a biennial report for the governor,
  2  9 supreme court, attorney general, and the general assembly
  2 10 concerning the following subjects:
  2 11    Sec. 6.  Section 137.6, subsection 2, paragraph a, Code
  2 12 2005, is amended to read as follows:
  2 13    a.  Rules of a county board shall become effective upon
  2 14 approval by the county board of supervisors by a motion or
  2 15 resolution as defined in section 331.101, subsection 13, and
  2 16 publication in a newspaper having general circulation in the
  2 17 county.
  2 18    Sec. 7.  Section 147.153, subsection 3, Code 2005, is
  2 19 amended to read as follows:
  2 20    3.  Pass an examination administered as determined by the
  2 21 board to assure the applicant's professional competence in
  2 22 speech pathology or audiology by rule.
  2 23    Sec. 8.  Section 147.155, Code 2005, is amended to read as
  2 24 follows:
  2 25    147.155  TEMPORARY CLINICAL LICENSE.
  2 26    Any person who has fulfilled all of the requirements for
  2 27 licensure under this division, except for having completed the
  2 28 nine months clinical experience requirement as provided in
  2 29 section 147.153, subsection 1 or 2, and the examination as
  2 30 provided in section 147.153, subsection 3, may apply to the
  2 31 board for a temporary clinical license.  The license shall be
  2 32 designated "temporary clinical license in speech pathology" or
  2 33 "temporary clinical license in audiology" and shall authorize
  2 34 the licensee to practice speech pathology or audiology under
  2 35 the supervision of a licensed speech pathologist or licensed
  3  1 audiologist, as appropriate.  The license shall be valid for
  3  2 one year and may be renewed once at the discretion of the
  3  3 board.  The fee for a temporary clinical license shall be set
  3  4 by the board to cover the administrative costs of issuing the
  3  5 license, and if renewed, a renewal fee as set by the board
  3  6 shall be required.  A temporary clinical license shall be
  3  7 issued only upon evidence satisfactory to the board that the
  3  8 applicant will be supervised by a person licensed as a speech
  3  9 pathologist or audiologist, as appropriate.  The board shall
  3 10 revoke any temporary clinical license at any time it
  3 11 determines either that the work done by the temporary clinical
  3 12 licensee or the supervision being given the temporary clinical
  3 13 licensee does not conform to reasonable standards established
  3 14 by the board.
  3 15    Sec. 9.  Section 149.3, Code 2005, is amended to read as
  3 16 follows:
  3 17    149.3  LICENSE.
  3 18    Every applicant for a license to practice podiatry shall:
  3 19    1.  Be a graduate of an accredited high school of podiatry.
  3 20    2.  Present a diploma an official transcript issued by a
  3 21 school of podiatry approved by the board of podiatry
  3 22 examiners.
  3 23    3.  Pass an examination in the subjects of anatomy,
  3 24 chemistry, dermatology, diagnosis, pharmacy and materia
  3 25 medica, pathology, physiology, histology, bacteriology,
  3 26 neurology, practical and clinical podiatry, foot orthopedics,
  3 27 and others, as prescribed by the board of podiatry examiners
  3 28 as determined by the board by rule.
  3 29    4.  Have successfully completed a one=year residency or
  3 30 preceptorship approved by the board of podiatry examiners as
  3 31 determined by the board by rule.  This subsection applies to
  3 32 all applicants who graduate from podiatric college on or after
  3 33 January 1, 1995.
  3 34    Sec. 10.  Section 149.7, unnumbered paragraph 2, Code 2005,
  3 35 is amended to read as follows:
  4  1    The temporary certificate shall be issued for one year and
  4  2 may be renewed, but a person shall not be entitled to practice
  4  3 podiatry in excess of three years while holding a temporary
  4  4 certificate.  The fee for this certificate shall be set by the
  4  5 podiatry examiners and if extended beyond one year a renewal
  4  6 fee per year shall be set by the podiatry examiners.  The fees
  4  7 shall be based on the administrative costs of issuing and
  4  8 renewing the certificates.  The podiatry examiners may cancel
  4  9 a temporary certificate at any time, without a hearing, for
  4 10 reasons deemed sufficient to the podiatry examiners.
  4 11    Sec. 11.  Section 149.7, unnumbered paragraphs 3 and 4,
  4 12 Code 2005, are amended by striking the unnumbered paragraphs.
  4 13    Sec. 12.  Section 151.12, Code 2005, is amended to read as
  4 14 follows:
  4 15    151.12  TEMPORARY CERTIFICATE.
  4 16    The chiropractic examiners may, in their discretion, issue
  4 17 a temporary certificate authorizing the licensee to practice
  4 18 chiropractic if, in the opinion of the chiropractic examiners,
  4 19 a need exists and the person possesses the qualifications
  4 20 prescribed by the chiropractic examiners for the license,
  4 21 which shall be substantially equivalent to those required for
  4 22 licensure under this chapter.  The chiropractic examiners
  4 23 shall determine in each instance those eligible for this
  4 24 license, whether or not examinations shall be given, and the
  4 25 type of examinations, and the duration of the license.  No
  4 26 requirements of the law pertaining to regular permanent
  4 27 licensure are mandatory for this temporary license except as
  4 28 specifically designated by the chiropractic examiners.  The
  4 29 granting of a temporary license does not in any way indicate
  4 30 that the person so licensed is eligible for regular licensure,
  4 31 nor are the chiropractic examiners in any way obligated to so
  4 32 license the person.
  4 33    The temporary certificate shall be issued for one year and
  4 34 at the discretion of the chiropractic examiners may be
  4 35 renewed, but a person shall not practice chiropractic in
  5  1 excess of three years while holding a temporary certificate.
  5  2 The fee for this license shall be set by the chiropractic
  5  3 examiners and if extended beyond one year a renewal fee per
  5  4 year shall be set by the chiropractic examiners.  The fees fee
  5  5 for the temporary license shall be based on the administrative
  5  6 costs of issuing and renewing the licenses.  The chiropractic
  5  7 examiners may cancel a temporary certificate at any time,
  5  8 without a hearing, for reasons deemed sufficient to the
  5  9 chiropractic examiners.
  5 10  When the chiropractic examiners cancel a temporary
  5 11 certificate they shall promptly notify the licensee by
  5 12 registered mail, at the licensee's last=named address, as
  5 13 reflected by the files of the chiropractic examiners, and the
  5 14 temporary certificate is terminated and of no further force
  5 15 and effect three days after the mailing of the notice to the
  5 16 licensee.
  5 17    Sec. 13.  Section 154.3, subsection 1, Code 2005, is
  5 18 amended to read as follows:
  5 19    1.  Every applicant for a license to practice optometry
  5 20 shall:
  5 21    a.  Present satisfactory evidence of a preliminary
  5 22 education equivalent to at least four years study in an
  5 23 accredited high school or other secondary school.  Be a
  5 24 graduate of an accredited school of optometry.
  5 25    b.  Present a diploma from an official transcript issued by
  5 26 an accredited school of optometry.
  5 27    c.  Pass an examination prescribed by the optometry
  5 28 examiners in the subjects of physiology of the eye, optical
  5 29 physics, anatomy of the eye, ophthalmology, and practical
  5 30 optometry as determined by the board by rule.
  5 31    Sec. 14.  Section 154B.6, subsection 3, Code 2005, is
  5 32 amended to read as follows:
  5 33    3.  Have not failed the examination required in subsection
  5 34 2 within the six months next sixty days preceding the date of
  5 35 the subsequent examination.
  6  1    The examinations required in this section may, at the
  6  2 discretion of the board, be waived for holders by examination
  6  3 of licenses or certificates from states whose requirements are
  6  4 substantially equivalent to those of this chapter, and for
  6  5 holders by examination of specialty diplomas from the American
  6  6 board of professional psychology.
  6  7    Any person who within one year after July 1, 1975, meets
  6  8 the requirements specified in subsection 1 shall receive
  6  9 licensure without having passed the examination required in
  6 10 subsection 2 if application for licensure is filed with the
  6 11 board of psychology examiners before July 1, 1977.  Any person
  6 12 holding a certificate as a psychologist from the board of
  6 13 examiners of the Iowa psychological association on July 1,
  6 14 1977, who applies for certification before July 1, 1975, shall
  6 15 receive certification.
  6 16    Sec. 15.  Section 154D.2, subsection 2, paragraph b, Code
  6 17 Supplement 2005, is amended to read as follows:
  6 18    b.  Has at least two years of supervised clinical
  6 19 experience or its equivalent in assessing mental health needs
  6 20 and problems and in providing appropriate mental health
  6 21 services as approved by the board.  Standards for supervision,
  6 22 including the required qualifications for supervisors, shall
  6 23 be determined by the board by rule.
  6 24    Sec. 16.  Section 157.2, subsection 1, paragraph e, Code
  6 25 Supplement 2005, is amended to read as follows:
  6 26    e.  Employees and residents of hospitals, health care
  6 27 facilities, orphans' homes, juvenile homes, and other similar
  6 28 facilities who shampoo, arrange, dress, or curl the hair of
  6 29 perform cosmetology services for any resident without
  6 30 receiving direct compensation from the person receiving the
  6 31 service.
  6 32    Sec. 17.  Section 157.2, subsection 1, Code Supplement
  6 33 2005, is amended by adding the following new paragraph:
  6 34    NEW PARAGRAPH.  ee.  Volunteers for and residents of health
  6 35 care facilities, orphans' homes, juvenile homes, and other
  7  1 similar facilities who shampoo, arrange, dress, or curl the
  7  2 hair, apply makeup, or polish the nails of any resident
  7  3 without receiving compensation from the person receiving the
  7  4 service.
  7  5    Sec. 18.  Section 157.10, subsection 1, Code 2005, is
  7  6 amended to read as follows:
  7  7    1.  The course of study required for licensure for the
  7  8 practice of cosmetology shall be two thousand one hundred
  7  9 clock hours, or seventy semester credit hours or the
  7 10 equivalent thereof as determined pursuant to administrative
  7 11 rule and regulations promulgated by the United States
  7 12 department of education.  The clock hours, and equivalent
  7 13 number of semester credit hours or the equivalent thereof as
  7 14 determined pursuant to administrative rule and regulations
  7 15 promulgated by the United States department of education, of a
  7 16 course of study required for licensure for the practices of
  7 17 electrology, esthetics, and nail technology, manicuring, and
  7 18 pedicuring shall be established by the board.  The board shall
  7 19 adopt rules to define the course and content of study for each
  7 20 practice of cosmetology arts and sciences.
  7 21    Sec. 19.  Section 157.5A, Code 2005, is repealed.
  7 22                           EXPLANATION
  7 23    This bill makes several changes and modifications to
  7 24 provisions relating to various health licensing and public
  7 25 health matters.
  7 26    The bill specifies a quorum requirement of a simple
  7 27 majority of the members appointed by the governor for the
  7 28 brain injury advisory council.  With regard to the domestic
  7 29 abuse death review team, the bill adds to the team, as an
  7 30 alternative to the current designation of a licensed physician
  7 31 who is knowledgeable concerning domestic abuse injuries and
  7 32 deaths, including suicides, the designation of a nurse.  Also,
  7 33 the bill adds the director of the state law enforcement
  7 34 academy to the list of individuals who are responsible for
  7 35 designating a liaison to assist the team in fulfilling its
  8  1 duties, and adds that the level of proof required in a
  8  2 complaint against a team member shall be proof by clear and
  8  3 convincing evidence in establishing malice, unreasonableness,
  8  4 or lack of good faith.
  8  5    Further, the domestic abuse death review team report shall
  8  6 be required on a biennial basis, as opposed to the current
  8  7 annual requirement.
  8  8    The bill provides for a technical clarification regarding
  8  9 the enactment of rules by motion or resolution by local boards
  8 10 of health, provides for the determination of an examination
  8 11 requirement by the speech pathology and audiology board by
  8 12 rule, and deletes a provision permitting revocation of a
  8 13 temporary clinical license for speech pathology and audiology
  8 14 by the board when determined not to conform to reasonable
  8 15 standards established by the board.
  8 16    With regard to the board of podiatry examiners, the bill
  8 17 makes changes relating to qualification for a license,
  8 18 providing that an applicant be a graduate of an accredited
  8 19 school of podiatry rather than an accredited high school,
  8 20 providing that an official transcript be presented rather than
  8 21 a diploma, providing the requirements of a licensing
  8 22 examination be determined by the board by rule, and providing
  8 23 that the board will determine residency requirements by rule.
  8 24 Additionally, the bill deletes provisions regarding revocation
  8 25 or expiration of a temporary certificate to practice podiatry
  8 26 by the board under specified circumstances involving lack of a
  8 27 hearing and decision making entirely in the board's
  8 28 discretion.
  8 29    Concerning actions of the board of chiropractic examiners,
  8 30 the bill provides that the board shall determine the duration
  8 31 of a temporary certificate regarding the practice of
  8 32 chiropractic, makes technical changes such as changing the
  8 33 word "fees" to "fee", and again deletes provisions similar to
  8 34 earlier portions of the bill regarding revocation of a
  8 35 temporary certificate by the board under specified
  9  1 circumstances.
  9  2    The bill provides that the permissible time interval
  9  3 between examinations administered by the board of psychology
  9  4 examiners shall be shortened from six months to 60 days, and
  9  5 deletes outdated psychology license requirement language tied
  9  6 to the 1970s.  With regard to the board of behavioral science
  9  7 examiners, the bill provides that a requirement for licensure
  9  8 of at least two years of supervised clinical experience in
  9  9 assessing mental health needs and problems and providing
  9 10 appropriate mental health services shall be broadened to
  9 11 include the equivalent of such experience.  The bill specifies
  9 12 that an applicant for license as an optometrist must be a
  9 13 graduate of an accredited school of optometry, rather than
  9 14 possessing an education equivalent of at least four years of
  9 15 study in an accredited high school or other secondary school
  9 16 as currently required.  Also, an official transcript rather
  9 17 than a diploma must be presented from an accredited school of
  9 18 optometry, and the optometry examination shall be as
  9 19 determined by the board by rule.
  9 20    Relating to cosmetology, the bill expands basic cosmetology
  9 21 services that can be provided by persons not licensed by the
  9 22 cosmetology board and employed by hospitals, health care
  9 23 facilities, juvenile homes, and similar facilities, and also
  9 24 lists services that can be provided by volunteers for and
  9 25 residents of such facilities.  The bill additionally provides
  9 26 that the number of hours of study required for licensure for
  9 27 the practice of specified cosmetology services shall be
  9 28 expanded to include manicuring and pedicuring, and deletes a
  9 29 separate provision regarding license requirements for
  9 30 manicurists.
  9 31 LSB 5253DP 81
  9 32 rn:nh/je/5