H.F. _____ Section 1. Section 125.1, subsection 1, Code 2009, is 1 amended to read as follows: 2 1. That substance abusers and persons suffering from 3 chemical dependency substance-related disorders be afforded 4 the opportunity to receive quality treatment and directed into 5 rehabilitation services which will help them resume a socially 6 acceptable and productive role in society. 7 Sec. 2. Section 125.2, subsection 2, Code 2009, is amended 8 by striking the subsection. 9 Sec. 3. Section 125.2, subsection 17, Code 2009, is amended 10 to read as follows: 11 17. “Substance abuse” means the use of chemical substances 12 by persons suffering from chemical dependency substance-related 13 disorders , persons who are incapacitated by a chemical 14 substance, substance abusers, or chronic substance abusers. 15 Sec. 4. Section 125.2, Code 2009, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 19. “Substance-related disorder” means a 18 condition involving either the abuse of or dependence on a 19 chemical substance that is consistent with diagnostic criteria 20 in the most recent version of the diagnostic and statistical 21 manual of mental disorders of the American psychiatric 22 association or in a comparable professionally recognized 23 diagnostic manual. 24 Sec. 5. NEW SECTION . 125.80A Substance-related disorders 25 —— diagnosis. 26 A diagnosis of a substance-related disorder may be made 27 by a certified alcohol and drug counselor certified by the 28 nongovernmental Iowa board of substance abuse certification 29 if the diagnosis is reviewed and agreed to by a licensed 30 mental health professional as defined in section 228.1, while 31 practicing within the professional’s scope of practice. 32 Sec. 6. NEW SECTION . 135.149A Problem gambling —— 33 pathological gambling —— diagnosis. 34 1. A diagnosis of either problem gambling or pathological 35 -1- LSB 5064HC (5) 83 rh/rj 1/ 4

H.F. _____ gambling may be made by a certified gambling counselor 1 certified by the nongovernmental Iowa board of substance 2 abuse certification or a certified alcohol and drug counselor 3 certified by the nongovernmental Iowa board of substance abuse 4 certification, either of whom has met the requisite continuing 5 education requirements for treatment of such conditions, if the 6 diagnosis is reviewed and agreed to by a licensed mental health 7 professional as defined in section 228.1, while practicing 8 within the professional’s scope of practice. 9 2. For purposes of this section, unless the context 10 otherwise requires: 11 a. “Pathological gambling” means a pattern of persistent 12 maladaptive behavior consistent with diagnostic criteria in the 13 most recent version of the diagnostic and statistical manual of 14 mental disorders of the American psychiatric association or in 15 a comparable professionally recognized diagnostic manual. 16 b. “Problem gambling” means a pattern of gambling behavior 17 which may compromise, disrupt, or damage family, personal, or 18 vocational pursuits. 19 Sec. 7. NEW SECTION . 229.10A Mental illness —— diagnosis. 20 A mental illness may be diagnosed by a licensed mental health 21 professional as defined in section 228.1 while practicing 22 within the mental health professional’s scope of practice. 23 Such diagnosis shall be consistent with diagnostic criteria 24 consistent with the most recent version of the diagnostic 25 and statistical manual of mental disorders of the American 26 psychiatric association or in a comparable professionally 27 recognized diagnostic manual. 28 Sec. 8. Section 230A.16, Code 2009, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 5. Require that a licensed mental health 31 professional, as defined in section 228.1, performs the 32 diagnostic functions for a center, while practicing within the 33 professional’s scope of practice, and appropriately supervises 34 the center staff who are not licensed to perform the diagnostic 35 -2- LSB 5064HC (5) 83 rh/rj 2/ 4

H.F. _____ functions. 1 Sec. 9. Section 411.6, subsection 16, paragraph a, 2 subparagraph (1), Code Supplement 2009, is amended to read as 3 follows: 4 (1) The disability would not exist but for the member’s 5 chemical dependency substance-related disorder , as defined 6 in section 125.2, on a schedule I controlled substance, 7 as defined in section 124.204, or the member’s chemical 8 dependency substance-related disorder on a schedule II 9 controlled substance, as defined in section 124.206, resulting 10 from the inappropriate use of the schedule II controlled 11 substance. 12 EXPLANATION 13 This bill relates to the diagnosis of substance-related 14 disorders and problem gambling or pathological gambling 15 disorders. 16 The bill repeals the definition of “chemical dependency” 17 in Code chapter 125 relating to chemical substance abuse and 18 replaces it with the definition of “substance-related disorder” 19 defined as either the abuse of or dependence on a substance 20 that is consistent with diagnostic criteria in the most recent 21 version of the diagnostic and statistical manual of mental 22 disorders of the American psychiatric association or in a 23 comparable professionally recognized diagnostic manual. 24 The bill provides that a diagnosis of a substance-related 25 disorder may be made by a certified alcohol and drug counselor 26 certified by the nongovernmental Iowa board of substance abuse 27 certification if the diagnosis is reviewed and agreed to by a 28 licensed mental health professional as defined in Code section 29 228.1, while practicing within the professional’s scope of 30 practice. The bill also provides that a mental illness may 31 be diagnosed by a licensed mental health professional as 32 defined in Code section 228.1 while practicing within the 33 professional’s scope of practice. Such diagnosis shall be 34 consistent with diagnostic criteria in the most recent version 35 -3- LSB 5064HC (5) 83 rh/rj 3/ 4

H.F. _____ of the diagnostic and statistical manual of mental disorders. 1 The bill provides that a diagnosis of either problem 2 gambling or pathological gambling may be made by a certified 3 gambling counselor certified by the nongovernmental Iowa board 4 of substance abuse certification or a certified alcohol and 5 drug counselor certified by the nongovernmental Iowa board 6 of substance abuse certification, either of whom has met the 7 requisite continuing education requirements of treatment of 8 such conditions, if the diagnosis is reviewed and agreed to 9 by a licensed mental health professional as defined in Code 10 section 228.1 while practicing within the professional’s scope 11 of practice. The bill defines “problem gambling” as a pattern 12 of gambling behavior which may compromise, disrupt, or damage 13 family, personal, or vocational pursuits, and “pathological 14 gambling” as a pattern of persistent maladaptive behavior 15 consistent with diagnostic criteria in the most recent version 16 of the diagnostic and statistical manual of mental disorders. 17 The bill amends Code section 230A.16, relating to 18 establishment of standards for community mental health 19 centers, by adding a requirement that a licensed mental health 20 professional, as defined by Code section 228.1, perform the 21 diagnostic functions for a center within the professional’s 22 scope of practice and appropriately supervise the center staff 23 who are not licensed to perform the diagnostic functions. 24 The bill also makes a conforming change in Code section 25 411.6 relating to the change in terminology from “chemical 26 dependency” to “substance-related disorder” in Code chapter 27 125. 28 -4- LSB 5064HC (5) 83 rh/rj 4/ 4