House
Study
Bill
571
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
HEALTH
BILL)
A
BILL
FOR
An
Act
relating
to
various
activities
regulated
and
programs
1
administered
by
the
department
of
public
health,
including
2
the
Iowa
collaborative
safety
net
provider
network,
3
fetal
death
certification,
and
optometry,
cosmetology,
4
and
barbering
licensure,
and
including
effective
date
5
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
TLSB
5263DP
(12)
83
jr/nh
S.F.
_____
H.F.
_____
Section
1.
Section
135.24,
subsection
7,
paragraph
e,
Code
1
Supplement
2009,
is
amended
to
read
as
follows:
2
e.
“Specialty
health
care
provider
office”
means
the
3
private
office
or
clinic
of
an
individual
specialty
health
4
care
provider
or
group
of
specialty
health
care
providers
as
5
referred
by
the
Iowa
collaborative
safety
net
provider
network
6
established
in
section
135.153
Iowa
specialty
care
referral
7
network
,
but
does
not
include
a
field
dental
clinic,
a
free
8
clinic,
or
a
hospital.
9
Sec.
2.
Section
144.31,
Code
2009,
is
amended
to
read
as
10
follows:
11
144.31
Medical
certification
——
fetal
death.
12
1.
The
medical
certification
for
a
fetal
death
shall
be
13
completed
within
twenty-four
seventy-two
hours
after
delivery
14
by
the
physician
in
attendance
at
or
after
delivery
except
when
15
inquiry
is
required
by
the
county
medical
examiner.
16
2.
When
a
fetal
death
occurs
without
medical
attendance
upon
17
the
mother
at
or
after
delivery
or
when
inquiry
is
required
18
by
the
county
medical
examiner,
the
medical
examiner
shall
19
investigate
the
cause
of
fetal
death
and
shall
complete
the
20
medical
certification
within
twenty-four
seventy-two
hours
21
after
taking
charge
of
the
case.
The
person
completing
the
22
medical
certification
of
cause
of
fetal
death
shall
attest
to
23
its
accuracy
either
by
signature
or
as
authorized
by
rule.
24
Sec.
3.
Section
148.3,
subsection
1,
paragraph
a,
25
unnumbered
paragraph
1,
Code
Supplement
2009,
is
amended
to
26
read
as
follows:
27
A
Evidence
of
a
diploma
issued
by
a
medical
college
or
28
college
of
osteopathic
medicine
and
surgery
approved
by
the
29
board,
or
other
evidence
of
equivalent
medical
education
30
approved
by
the
board.
The
board
may
accept,
in
lieu
of
a
31
diploma
from
a
medical
college
approved
by
the
board,
all
of
32
the
following:
33
Sec.
4.
Section
154.1,
Code
2009,
is
amended
to
read
as
34
follows:
35
-1-
LSB
5263DP
(12)
83
jr/nh
1/
7
S.F.
_____
H.F.
_____
154.1
Board
defined
——
optometry
——
diagnostically
1
certified
licensed
optometrists
——
therapeutically
certified
2
optometrists
Definitions
——
optometry
.
3
1.
As
used
in
this
chapter
,
“board”
:
4
a.
”Board”
means
the
board
of
optometry
created
under
5
chapter
147.
6
b.
“Licensed
optometrist”
means
an
optometrist
who
is
7
licensed
to
practice
optometry
in
this
state
pursuant
to
this
8
chapter.
9
2.
For
the
purpose
of
this
subtitle,
the
following
classes
10
of
persons
shall
be
deemed
to
be
engaged
in
the
practice
of
11
optometry:
12
a.
Persons
employing
any
means
other
than
the
use
of
drugs,
13
medicine,
or
surgery
for
the
measurement
of
the
visual
power
14
and
visual
efficiency
of
the
human
eye;
persons
engaged
in
15
the
prescribing
and
adapting
of
lenses,
prisms,
and
contact
16
lenses;
and
persons
engaged
in
the
using
or
employing
of
visual
17
training
or
ocular
exercise
for
the
aid,
relief,
or
correction
18
of
vision.
19
b.
Persons
who
allow
the
public
to
use
any
mechanical
device
20
for
a
purpose
described
in
paragraph
“a”
.
21
c.
Persons
who
publicly
profess
to
be
optometrists
and
to
22
assume
the
duties
incident
to
the
profession.
23
3.
Diagnostically
certified
licensed
optometrists
may
24
employ
cycloplegics,
mydriatics,
and
topical
anesthetics
as
25
diagnostic
agents
topically
applied
to
determine
the
condition
26
of
the
human
eye
for
proper
optometric
practice
or
referral
27
for
treatment
to
a
person
licensed
under
chapter
148
.
A
28
diagnostically
certified
licensed
optometrist
is
an
optometrist
29
who
is
licensed
to
practice
optometry
in
this
state
and
who
is
30
certified
by
the
board
to
use
diagnostic
agents.
31
4.
Therapeutically
certified
optometrists
may
employ
all
32
diagnostic
and
therapeutic
pharmaceutical
agents
for
the
33
purpose
of
diagnosis
and
treatment
of
conditions
of
the
human
34
eye
and
adnexa
pursuant
to
this
subsection
,
excluding
the
35
-2-
LSB
5263DP
(12)
83
jr/nh
2/
7
S.F.
_____
H.F.
_____
use
of
injections
other
than
to
counteract
an
anaphylactic
1
reaction,
and
notwithstanding
section
147.107
,
may
without
2
charge
supply
any
of
the
above
pharmaceuticals
to
commence
a
3
course
of
therapy.
Therapeutically
certified
optometrists
may
4
prescribe
oral
steroids
for
a
period
not
to
exceed
fourteen
5
days
without
consultation
with
a
physician.
Therapeutically
6
certified
optometrists
shall
not
prescribe
oral
Imuran
or
7
oral
Methotrexate.
Therapeutically
certified
optometrists
8
may
be
authorized,
where
reasonable
and
appropriate,
by
9
rule
of
the
board,
to
employ
new
diagnostic
and
therapeutic
10
pharmaceutical
agents
approved
by
the
United
States
food
11
and
drug
administration
on
or
after
July
1,
2002,
for
the
12
diagnosis
and
treatment
of
the
human
eye
and
adnexa.
The
13
board
shall
not
be
required
to
adopt
rules
relating
to
14
topical
pharmaceutical
agents,
oral
antimicrobial
agents,
15
oral
antihistamines,
oral
antiglaucoma
agents,
and
oral
16
analgesic
agents.
Superficial
foreign
bodies
may
be
removed
17
from
the
human
eye
and
adnexa.
The
therapeutic
efforts
of
18
a
therapeutically
certified
optometrist
are
intended
for
the
19
purpose
of
examination,
diagnosis,
and
treatment
of
visual
20
defects,
abnormal
conditions,
and
diseases
of
the
human
eye
21
and
adnexa,
for
proper
optometric
practice
or
referral
for
22
consultation
or
treatment
to
persons
licensed
under
chapter
23
148
.
A
therapeutically
certified
optometrist
is
an
optometrist
24
who
is
licensed
to
practice
optometry
in
this
state
and
who
25
is
certified
by
the
board
to
use
the
agents
and
procedures
26
authorized
pursuant
to
this
subsection
.
27
3.
Beginning
July
1,
2012,
all
licensed
optometrists
shall
28
meet
requirements
as
established
by
the
board
by
rule
to
29
employ
diagnostic
and
therapeutic
pharmaceutical
agents
for
30
the
practice
of
optometry.
All
licensees
practicing
optometry
31
in
this
state
shall
have
demonstrated
qualifications
and
have
32
obtained
certification
to
use
diagnostic
and
therapeutic
33
pharmaceutical
agents
as
a
condition
of
license
renewal.
34
4.
A
licensed
optometrist
may
do
any
of
the
following:
35
-3-
LSB
5263DP
(12)
83
jr/nh
3/
7
S.F.
_____
H.F.
_____
a.
Employ
cycloplegics,
mydriatics,
and
topical
anesthetics
1
as
diagnostic
agents
topically
applied
to
determine
the
2
condition
of
the
human
eye
for
proper
optometric
practice
or
3
referral
for
treatment
to
a
person
licensed
under
chapter
148.
4
b.
Employ
therapeutic
pharmaceutical
agents
for
the
purpose
5
of
diagnosis
and
treatment
of
conditions
of
the
human
eye
6
and
adnexa
pursuant
to
this
subsection,
excluding
the
use
of
7
injections
other
than
to
counteract
an
anaphylactic
reaction,
8
and
notwithstanding
section
147.107,
may
without
charge
supply
9
any
of
the
pharmaceuticals
described
in
paragraph
“a”
to
10
commence
a
course
of
therapy.
11
c.
Prescribe
oral
steroids
for
a
period
not
to
exceed
12
fourteen
days
without
consultation
with
a
physician.
However,
13
a
licensed
optometrist
shall
not
prescribe
oral
Imuran
or
oral
14
Methotrexate.
Licensed
optometrists
may
be
authorized,
where
15
reasonable
and
appropriate,
by
rule
of
the
board,
to
employ
new
16
diagnostic
and
therapeutic
pharmaceutical
agents
approved
by
17
the
United
States
food
and
drug
administration
on
or
after
July
18
1,
2002,
for
the
diagnosis
and
treatment
of
the
human
eye
and
19
adnexa.
The
board
is
not
required
to
adopt
rules
relating
to
20
topical
pharmaceutical
agents,
oral
antimicrobial
agents,
oral
21
antihistamines,
oral
antiglaucoma
agents,
or
oral
analgesic
22
agents.
23
d.
Remove
superficial
foreign
bodies
from
the
human
eye
and
24
adnexa.
25
5.
The
therapeutic
efforts
of
a
licensed
optometrist
26
are
intended
for
the
purpose
of
examination,
diagnosis,
and
27
treatment
of
visual
defects,
abnormal
conditions,
and
diseases
28
of
the
human
eye
and
adnexa,
for
proper
optometric
practice
29
or
referral
for
consultation
or
treatment
to
persons
licensed
30
under
chapter
148.
31
Sec.
5.
Section
154.10,
Code
2009,
is
amended
by
striking
32
the
section
and
inserting
in
lieu
thereof
the
following:
33
154.10
Standard
of
care.
34
Licensed
optometrists
employing
diagnostic
and
therapeutic
35
-4-
LSB
5263DP
(12)
83
jr/nh
4/
7
S.F.
_____
H.F.
_____
pharmaceutical
agents
as
authorized
by
section
154.1
shall
be
1
held
to
the
same
standard
of
care
in
the
use
of
such
agents
and
2
in
diagnosis
and
treatment
as
is
common
to
persons
licensed
3
under
chapter
148.
4
Sec.
6.
Section
157.1,
subsection
5,
paragraph
c,
Code
2009,
5
is
amended
to
read
as
follows:
6
c.
Removing
superfluous
hair
from
the
face
or
body
of
a
7
person
with
the
use
of
depilatories,
wax,
sugars,
threading,
or
8
tweezing.
9
Sec.
7.
Section
157.1,
subsection
12,
paragraph
c,
Code
10
2009,
is
amended
to
read
as
follows:
11
c.
Removing
superfluous
hair
from
the
body
of
a
person
12
by
the
use
of
depilatories,
waxing,
sugaring,
tweezers,
13
threading,
or
use
of
any
certified
laser
products
or
14
intense
pulsed
light
devices.
This
excludes
the
practice
of
15
electrology,
whereby
hair
is
removed
with
an
electric
needle.
16
Sec.
8.
Section
157.8,
subsection
2,
Code
2009,
is
amended
17
to
read
as
follows:
18
2.
The
number
of
instructors
for
each
school
shall
19
be
based
upon
total
enrollment,
with
a
minimum
of
two
20
licensed
instructors
employed
on
a
full-time
basis
for
up
to
21
thirty
students
and
an
additional
licensed
instructor
for
each
22
fifteen
additional
students.
A
student
instructor
shall
not
be
23
used
to
meet
licensed
instructor-to-student
ratios.
However,
24
a
A
school
operated
by
an
area
community
college
prior
to
25
September
1,
1982,
with
only
one
instructor
per
fifteen
26
students
is
not
subject
to
this
paragraph
and
may
continue
to
27
operate
with
the
ratio
of
one
licensed
instructor
to
fifteen
28
students.
A
student
instructor
may
not
be
used
to
meet
this
29
requirement.
30
a.
A
person
employed
as
an
instructor
in
the
cosmetology
31
arts
and
sciences
by
a
licensed
school
shall
be
licensed
in
32
the
practice
and
shall
possess
a
separate
instructor’s
license
33
which
shall
be
renewed
biennially.
An
instructor
shall
file
34
an
application
with
the
department
on
forms
prescribed
by
the
35
-5-
LSB
5263DP
(12)
83
jr/nh
5/
7
S.F.
_____
H.F.
_____
board.
Prior
to
licensure,
an
applicant
for
an
instructor’s
1
license
shall
have
been
actively
engaged
in
the
practice
for
a
2
period
of
two
years
and
complete
a
course
of
study
required
by
3
the
board
or
an
instructor’s
course
at
a
school
for
cosmetology
4
arts
and
sciences,
and
meet
any
other
requirement
established
5
by
the
board.
Requirements
for
licensure
as
an
instructor
6
shall
be
determined
by
the
board
by
rule.
7
b.
The
application
for
an
instructor’s
license
shall
be
8
accompanied
by
the
biennial
fee
determined
pursuant
to
section
9
147.80.
10
Sec.
9.
Section
158.4,
subsection
2,
Code
2009,
is
amended
11
to
read
as
follows:
12
2.
The
department
may
issue
a
temporary
permit
for
the
13
purpose
of
demonstrating
barbering
upon
recommendation
of
the
14
board
which
allows
the
applicant
to
practice
barbering
for
15
purposes
determined
by
rule
.
The
board
shall
determine
and
16
state
its
recommendations
and
the
length
of
time
the
temporary
17
permit
issued
under
this
subsection
is
valid.
18
Sec.
10.
REPEAL.
Section
152B.13,
Code
Supplement
2009,
is
19
repealed.
20
Sec.
11.
EFFECTIVE
DATE.
The
sections
of
this
Act
amending
21
sections
154.1
and
154.10
take
effect
July
1,
2012.
22
EXPLANATION
23
This
bill
contains
revisions
to
a
variety
of
programs
and
24
licensing
provisions
administered
by
the
department
of
public
25
health.
26
The
bill
amends
Code
section
144.31
to
extend
the
deadline
27
for
fetal
death
certification
from
24
hours
to
72
hours,
making
28
this
requirement
consistent
with
the
time
frames
for
other
29
death
certifications.
30
The
bill
amends
Code
section
148.3
to
allow
the
submission
of
31
medical
education
documentation
previously
submitted
to
another
32
state’s
licensing
authority
rather
than
having
to
provide
the
33
actual
diploma.
34
The
bill
repeals
Code
section
152B.13,
establishing
the
35
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jr/nh
6/
7
S.F.
_____
H.F.
_____
board
of
respiratory
care.
Similar
language
exists
in
Code
1
chapter
147,
which
regulates
health
professions
generally.
2
The
bill
amends
Code
sections
154.1
and
154.10,
relating
to
3
the
practice
of
optometry,
effective
July
1,
2012.
On
that
4
July
1,
2012
date,
the
amendment
requires
optometrists
to
5
meet
board
requirements
to
employ
diagnostic
and
therapeutic
6
pharmaceutical
agents.
The
bill
eliminates
the
option
of
7
preparation
and
certification
at
the
diagnostic
level
only,
and
8
requires
every
optometrist
to
demonstrate
qualification
and
9
certification
to
use
both
diagnostic
and
therapeutic
agents
as
10
a
condition
of
license
renewal.
11
The
bill
amends
Code
section
157.1
by
adding
the
practice
12
of
threading
to
the
scope
of
practice
of
cosmetology
and
13
esthetics.
The
bill
also
amends
Code
section
157.8,
by
14
providing
that
a
student
instructor
does
not
count
toward
15
meeting
the
instructor-student
ratio
detailed
in
that
Code
16
section.
In
addition,
the
bill
strikes
specific
licensure
17
requirements
and
provides
that
licensure
requirements
for
18
instructors
will
be
determined
by
rule.
19
Code
section
158.4
allows
the
department
to
issue
a
20
temporary
barbering
permit
for
persons
who
are
demonstrating
21
barbering
techniques.
The
bill
empowers
the
department
to
22
determine
by
rule
the
reasons
for
which
a
temporary
permit
may
23
be
issued.
24
-7-
LSB
5263DP
(12)
83
jr/nh
7/
7