HSB 508 (LSB 5064HC (5) 83)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON SMITH)

A BILL FOR

An Act relating to the diagnosis of substance-related disorders and problem gambling or pathological gambling disorders.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 125.1, subsection 1, Code 2009, is amended to read as follows:
   1.  That substance abusers and persons suffering from chemical dependency substance-related disorders be afforded the opportunity to receive quality treatment and directed into rehabilitation services which will help them resume a socially acceptable and productive role in society.
    Sec. 2.  Section 125.2, subsection 2, Code 2009, is amended by striking the subsection.
    Sec. 3.  Section 125.2, subsection 17, Code 2009, is amended to read as follows:
   17.  “Substance abuse” means the use of chemical substances by persons suffering from chemical dependency substance-related disorders, persons who are incapacitated by a chemical substance, substance abusers, or chronic substance abusers.
    Sec. 4.  Section 125.2, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  19.  “Substance-related disorder” means a condition involving either the abuse of or dependence on a chemical substance that is consistent with diagnostic criteria in the most recent version of the diagnostic and statistical manual of mental disorders of the American psychiatric association or in a comparable professionally recognized diagnostic manual.
    Sec. 5.  NEW SECTION.  125.80A  Substance-related disorders —— diagnosis.
   A diagnosis of a substance-related disorder may be made by a certified alcohol and drug counselor certified by the nongovernmental Iowa board of substance abuse certification if the diagnosis is reviewed and agreed to by a licensed mental health professional as defined in section 228.1, while practicing within the professional’s scope of practice.
    Sec. 6.  NEW SECTION.  135.149A  Problem gambling —— pathological gambling —— diagnosis.
   1.  A diagnosis of either problem gambling or pathological gambling may be made by a certified gambling counselor certified by the nongovernmental Iowa board of substance abuse certification or a certified alcohol and drug counselor certified by the nongovernmental Iowa board of substance abuse certification, either of whom has met the requisite continuing education requirements for treatment of such conditions, if the diagnosis is reviewed and agreed to by a licensed mental health professional as defined in section 228.1, while practicing within the professional’s scope of practice.
   2.  For purposes of this section, unless the context otherwise requires:
   a.  “Pathological gambling” means a pattern of persistent maladaptive behavior consistent with diagnostic criteria in the most recent version of the diagnostic and statistical manual of mental disorders of the American psychiatric association or in a comparable professionally recognized diagnostic manual.
   b.  “Problem gambling” means a pattern of gambling behavior which may compromise, disrupt, or damage family, personal, or vocational pursuits.
    Sec. 7.  NEW SECTION.  229.10A  Mental illness —— diagnosis.
   A mental illness may be diagnosed by a licensed mental health professional as defined in section 228.1 while practicing within the mental health professional’s scope of practice. Such diagnosis shall be consistent with diagnostic criteria consistent with the most recent version of the diagnostic and statistical manual of mental disorders of the American psychiatric association or in a comparable professionally recognized diagnostic manual.
    Sec. 8.  Section 230A.16, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  Require that a licensed mental health professional, as defined in section 228.1, performs the diagnostic functions for a center, while practicing within the professional’s scope of practice, and appropriately supervises the center staff who are not licensed to perform the diagnostic functions.
    Sec. 9.  Section 411.6, subsection 16, paragraph a, subparagraph (1), Code Supplement 2009, is amended to read as follows:
   (1)  The disability would not exist but for the member’s chemical dependency substance-related disorder, as defined in section 125.2, on a schedule I controlled substance, as defined in section 124.204, or the member’s chemical dependency substance-related disorder on a schedule II controlled substance, as defined in section 124.206, resulting from the inappropriate use of the schedule II controlled substance.
EXPLANATION
   This bill relates to the diagnosis of substance-related disorders and problem gambling or pathological gambling disorders.
   The bill repeals the definition of “chemical dependency” in Code chapter 125 relating to chemical substance abuse and replaces it with the definition of “substance-related disorder” defined as either the abuse of or dependence on a substance that is consistent with diagnostic criteria in the most recent version of the diagnostic and statistical manual of mental disorders of the American psychiatric association or in a comparable professionally recognized diagnostic manual.
   The bill provides that a diagnosis of a substance-related disorder may be made by a certified alcohol and drug counselor certified by the nongovernmental Iowa board of substance abuse certification if the diagnosis is reviewed and agreed to by a licensed mental health professional as defined in Code section 228.1, while practicing within the professional’s scope of practice. The bill also provides that a mental illness may be diagnosed by a licensed mental health professional as defined in Code section 228.1 while practicing within the professional’s scope of practice. Such diagnosis shall be consistent with diagnostic criteria in the most recent version of the diagnostic and statistical manual of mental disorders.
   The bill provides that a diagnosis of either problem gambling or pathological gambling may be made by a certified gambling counselor certified by the nongovernmental Iowa board of substance abuse certification or a certified alcohol and drug counselor certified by the nongovernmental Iowa board of substance abuse certification, either of whom has met the requisite continuing education requirements of treatment of such conditions, if the diagnosis is reviewed and agreed to by a licensed mental health professional as defined in Code section 228.1 while practicing within the professional’s scope of practice. The bill defines “problem gambling” as a pattern of gambling behavior which may compromise, disrupt, or damage family, personal, or vocational pursuits, and “pathological gambling” as a pattern of persistent maladaptive behavior consistent with diagnostic criteria in the most recent version of the diagnostic and statistical manual of mental disorders.
   The bill amends Code section 230A.16, relating to establishment of standards for community mental health centers, by adding a requirement that a licensed mental health professional, as defined by Code section 228.1, perform the diagnostic functions for a center within the professional’s scope of practice and appropriately supervise the center staff who are not licensed to perform the diagnostic functions.
   The bill also makes a conforming change in Code section 411.6 relating to the change in terminology from “chemical dependency” to “substance-related disorder” in Code chapter 125.