Senate File 478 - Introduced
SENATE FILE
BY COMMITTEE ON HUMAN RESOURCES
(SUCCESSOR TO SF 124)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the registration of practitioners of the
2 healing arts, providing remedies, and making an appropriation.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2121SV 82
5 nh/je/5
PAG LIN
1 1 Section 1. LEGISLATIVE FINDINGS AND INTENT. The general
1 2 assembly recognizes the constitutional right of privacy and
1 3 self=determination in regard to health care and that the
1 4 effective exercise of consumer choice with regard to health
1 5 care provided by nonlicensed practitioners requires the full
1 6 and timely disclosure of the background and qualifications of
1 7 such practitioners.
1 8 Sec. 2. NEW SECTION. 147.105 REGISTRATION OF HEALING
1 9 ARTS PRACTITIONERS NOT REQUIRING LICENSURE.
1 10 1. Beginning July 1, 2008, a practitioner of the healing
1 11 arts who is not required to be licensed under Title IV,
1 12 subtitle 3, may apply to the department of public health for
1 13 registration pursuant to this section. The application shall
1 14 contain all of the following:
1 15 a. A statement of the nature of the health care diagnoses
1 16 and treatment to be provided by the practitioner.
1 17 b. The education, training, experience, or other
1 18 credentials or qualifications of the practitioner regarding
1 19 the diagnoses and treatment to be provided.
1 20 c. Whether the practitioner has voluntarily relinquished
1 21 or had revoked a license to practice any health care
1 22 profession in this state or in any other jurisdiction, has
1 23 been disciplined by a licensing board or agency, has been
1 24 determined civilly liable for any act or omission related to
1 25 the provision of health care, or has been the subject of a
1 26 criminal prosecution for any act or omission related to the
1 27 provision of health care.
1 28 d. Proof of liability insurance meeting the liability
1 29 standards required for malpractice insurance for physicians.
1 30 2. Prior to approval of such registration by the
1 31 department, criminal history, child abuse, and dependent adult
1 32 abuse record checks shall be performed in regard to the
1 33 practitioner as provided in this subsection.
1 34 a. The department of public health shall request that the
1 35 department of public safety perform a criminal history check
2 1 and the department of human services perform child abuse and
2 2 dependent adult abuse record checks of the practitioner in
2 3 this state.
2 4 b. If the person has been convicted of a crime under a law
2 5 of any state or has a record of founded child or dependent
2 6 adult abuse, the department of human services shall, upon
2 7 request of the department of public health, perform an
2 8 evaluation to determine whether the crime or founded child or
2 9 dependent adult abuse warrants prohibition of registration.
2 10 The evaluation shall be performed in accordance with
2 11 procedures adopted for this purpose by the department of human
2 12 services.
2 13 c. If the department of public safety determines that a
2 14 person has committed a crime and the practitioner still
2 15 requests registration pursuant to this section, the department
2 16 of public safety shall notify the practitioner that an
2 17 evaluation, if requested by the department of public health,
2 18 will be conducted by the department of human services to
2 19 determine whether prohibition of registration is warranted.
2 20 If a department of human services child or dependent adult
2 21 abuse record check shows that the practitioner has a record of
2 22 founded child or dependent adult abuse, the department of
2 23 human services shall inform the practitioner that an
2 24 evaluation, if requested by the department of public health,
2 25 will be conducted to determine whether prohibition of
2 26 registration is warranted. The department of human services
2 27 has final authority in determining whether prohibition of
2 28 registration is warranted.
2 29 d. The department of public health may access the single
2 30 contact repository established by the department pursuant to
2 31 section 135C.33 as necessary to perform record checks of
2 32 practitioners being considered for registration.
2 33 Sec. 3. NEW SECTION. 147.105A REGISTERED PRACTITIONERS
2 34 == PRACTICE NOT A VIOLATION == EXCEPTIONS.
2 35 1. Notwithstanding any other provision of law to the
3 1 contrary, a practitioner of the healing arts who is not
3 2 licensed by this state as a health care professional, but who
3 3 is registered pursuant to section 147.105, does not violate
3 4 Title IV, subtitle 3, pertaining to health care provider
3 5 licensure requirements, unless the practitioner does any of
3 6 the following:
3 7 a. Conducts surgery, sets fractures, or performs any other
3 8 procedure on any person that invades the skin.
3 9 b. Prescribes or administers x=ray radiation, a
3 10 light=emitting device including a laser, or ultrasound
3 11 technologies.
3 12 c. Prescribes or administers drugs, devices, or controlled
3 13 substances for which a prescription by a licensed health care
3 14 provider is required.
3 15 d. Represents, states, indicates, advertises, or implies
3 16 that the person has been issued a license to practice a health
3 17 care profession in this state.
3 18 2. This section shall not be construed to authorize the
3 19 practice of lay midwifery, ayurvedic medicine, or naturopathic
3 20 medicine.
3 21 Sec. 4. NEW SECTION. 147.105B DISCLOSURES BY REGISTERED
3 22 PRACTITIONERS.
3 23 1. A practitioner of the healing arts who is registered
3 24 pursuant to section 147.105, who advertises in any media that
3 25 the person is a practitioner of healing arts diagnoses and
3 26 treatments, or who receives financial compensation for the
3 27 provision of healing arts diagnoses and treatments, shall,
3 28 prior to the provision of such services, provide a prospective
3 29 client a plainly worded written statement disclosing the
3 30 following:
3 31 a. That the practitioner is not a licensed health care
3 32 provider pursuant to the licensure provisions of any of the
3 33 chapters of Title IV, subtitle 3.
3 34 b. The nature of the health care diagnoses and treatment
3 35 to be provided.
4 1 c. The education, training, experience, or other
4 2 credentials or qualifications of the unlicensed practitioner
4 3 regarding the diagnoses and treatment being provided,
4 4 accompanied by the following statement:
4 5 "The state of Iowa has not adopted educational and training
4 6 standards for unlicensed providers of health care services.
4 7 This statement of credentials is for informational purposes
4 8 only. If a client wishes to receive health care from a
4 9 licensed health care provider, the client may seek such care
4 10 at any time. Clients receiving treatment from a licensed
4 11 provider of health care should consult with that licensed
4 12 provider before modifying or discontinuing such treatment."
4 13 d. That the practitioner is registered with the department
4 14 of public health and that the registration is posted at the
4 15 location where services are provided.
4 16 e. That the parent or legal guardian of a minor seeking
4 17 treatment has a right to request and receive written
4 18 permission from the practitioner for access to the relevant
4 19 data in regard to the practitioner in the Iowa child abuse
4 20 registry.
4 21 2. A practitioner registered pursuant to section 147.105
4 22 shall obtain written acknowledgment from a prospective client
4 23 indicating that the prospective client has been provided with
4 24 the statement of disclosures pursuant to subsection 1, and
4 25 shall supply the client with a copy of the disclosures and
4 26 acknowledgment. The acknowledgment shall be retained by the
4 27 practitioner for a two=year period.
4 28 3. Any advertisement by a practitioner registered pursuant
4 29 to section 147.105 shall disclose that the provider has not
4 30 been issued a license to practice a licensed health care
4 31 profession in this state but is registered with the state of
4 32 Iowa. Any such advertisement in print or electronic media
4 33 shall include the following statement in twelve point type or
4 34 larger:
4 35 "The state of Iowa has not adopted educational or training
5 1 standards for unlicensed providers of health care and has made
5 2 no determination whatsoever as to the scientific validity or
5 3 safety or effectiveness of such care."
5 4 4. Upon request, a practitioner registered pursuant to
5 5 section 147.105, shall give written permission to a parent or
5 6 legal guardian of a minor to allow the parent or legal
5 7 guardian to access data in regard to the practitioner in the
5 8 central registry for founded child abuse pursuant to section
5 9 235A.15, subsection 2, paragraph "f".
5 10 Sec. 5. NEW SECTION. 147.105C SCOPE OF CHAPTER ==
5 11 REMEDIES.
5 12 1. The department may issue an immediate cease and desist
5 13 order, or seek a temporary or permanent injunction, against a
5 14 practitioner registered pursuant to section 147.105, who fails
5 15 to comply with the provisions of sections 147.105A and
5 16 147.105B.
5 17 2. State criminal and civil law not relating to the
5 18 provision of health care shall continue to apply to
5 19 practitioners registered pursuant to section 147.105.
5 20 3. This section does not limit the right of any person to
5 21 seek relief for negligent or willful harm, or to seek any
5 22 other civil remedy against a practitioner registered pursuant
5 23 to section 147.105.
5 24 4. This section does not restrict the state from taking
5 25 action regarding the maltreatment of minors.
5 26 Sec. 6. APPROPRIATION. There is appropriated from the
5 27 general fund of the state to the department of public health
5 28 for the fiscal year beginning July 1, 2007, and ending June
5 29 30, 2008, the following amount, or so much thereof as is
5 30 necessary, to be used for the purposes designated:
5 31 For implementation of registration procedures for
5 32 practitioners of the healing arts as provided in this Act,
5 33 including salaries, support, maintenance, miscellaneous
5 34 purposes, and for not more than the following full=time
5 35 equivalent positions:
6 1 .................................................. $ 500,000
6 2 ............................................... FTEs 5.00
6 3 EXPLANATION
6 4 This bill provides for the registration of practitioners of
6 5 the healing arts and makes an appropriation.
6 6 The bill contains intent language indicating that the
6 7 general assembly recognizes the constitutional right to
6 8 privacy and self=determination in regard to health care and
6 9 that the effective exercise of consumer choice in regard to
6 10 care provided by nonlicensed practitioners requires the full
6 11 and timely disclosure of such practitioners' background and
6 12 qualifications.
6 13 The bill provides for the voluntary registration of
6 14 practitioners of the healing arts who are not required to be
6 15 licensed as health care professionals. The bill requires an
6 16 application for such registration to contain information
6 17 regarding the nature of the health care diagnoses and
6 18 treatment provided; the education, training, experience, or
6 19 other qualifications of the practitioner; any health
6 20 care=related sanction, discipline, civil liability, or
6 21 criminal violation; and proof of liability insurance.
6 22 Applicants for registration are subject to criminal history,
6 23 child abuse, and dependent adult abuse record checks.
6 24 The bill provides that a registrant's provision of healing
6 25 arts diagnoses and treatment does not violate Code Title IV,
6 26 subtitle 3, pertaining to health care provider licensure
6 27 requirements, unless the provider of such services conducts
6 28 surgery, sets fractures, or performs any other procedure on
6 29 any person that invades the skin; prescribes or administers
6 30 x=ray radiation; prescribes or administers drugs, devices, or
6 31 controlled substances for which a prescription by a licensed
6 32 health care provider is required; or represents, states,
6 33 indicates, advertises, or implies that the person has been
6 34 issued a license to practice a health care profession in this
6 35 state.
7 1 The bill requires a registrant who advertises in any media
7 2 that they are a provider of healing arts diagnoses and
7 3 treatment, or who receives financial compensation for the
7 4 provision of healing arts diagnoses and treatment, to supply a
7 5 prospective client prior to the provision of such services
7 6 with a plainly worded written statement making several
7 7 disclosures. It must be disclosed that the provider is not a
7 8 licensed heath care provider; the nature of the health care
7 9 diagnoses and treatment to be provided; and the education,
7 10 training, experience, or other credentials or qualifications
7 11 of the unlicensed provider regarding the diagnoses and
7 12 treatment being provided, accompanied by a statement that Iowa
7 13 has not adopted educational and training standards for
7 14 unlicensed providers of health care services; that the
7 15 statement of credentials is for informational purposes only;
7 16 and that if a client wishes to receive health care from a
7 17 licensed health care provider, the client may seek such care
7 18 at any time and should consult with a licensed provider before
7 19 modifying or discontinuing such existing treatment. A
7 20 registrant must also disclose that the practitioner is
7 21 registered with the department and that the registration is
7 22 posted where services are provided and that the parent or
7 23 legal guardian of a minor seeking treatment has a right to
7 24 request and receive written permission from the practitioner
7 25 for access to relevant data in the Iowa child abuse registry
7 26 regarding the practitioner. The bill provides that written
7 27 acknowledgment from a prospective client that the client was
7 28 provided a statement of disclosures must be obtained, and
7 29 retained for a two=year period, and that the prospective
7 30 client shall receive a copy of the disclosures and
7 31 acknowledgment.
7 32 The bill additionally provides that an advertisement by a
7 33 registrant shall disclose that the provider has not been
7 34 issued a license to practice a licensed health care profession
7 35 but is registered with the state, and that upon request, a
8 1 registrant shall give written permission to a parent or legal
8 2 guardian of a minor to allow the parent or legal guardian to
8 3 access the Iowa child abuse registry.
8 4 The bill also provides for the scope of the bill's
8 5 provisions and penalties. The bill provides that the
8 6 department of public health may issue an immediate cease and
8 7 desist order, or seek a temporary or permanent injunction,
8 8 against a registrant who fails to comply with the bill's
8 9 provisions, and that state criminal and civil law not relating
8 10 to the provision of health care shall continue to be
8 11 applicable. The bill provides that its provisions shall not
8 12 limit the right of any person to seek relief for negligent or
8 13 willful harm, or to seek any other civil remedy, and does not
8 14 restrict the state from taking action regarding the
8 15 maltreatment of minors.
8 16 The bill appropriates $500,000 for fiscal year 2007=2008
8 17 for implementation of the bill.
8 18 LSB 2121SV 82
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