House
File
378
-
Introduced
HOUSE
FILE
378
BY
SALMON
A
BILL
FOR
An
Act
relating
to
grounds
for
discipline
of
physicians
and
1
surgeons,
osteopathic
physicians
and
surgeons,
and
physician
2
assistants,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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378
Section
1.
Section
147.55,
Code
2015,
is
amended
to
read
as
1
follows:
2
147.55
Grounds.
3
1.
A
licensee’s
license
to
practice
a
profession
shall
be
4
revoked
or
suspended,
or
the
licensee
otherwise
disciplined
by
5
the
board
for
that
profession,
when
the
licensee
is
guilty
of
6
any
of
the
following
acts
or
offenses:
7
1.
a.
Fraud
in
procuring
a
license.
8
2.
b.
Professional
incompetence.
9
3.
c.
Knowingly
making
misleading,
deceptive,
untrue,
or
10
fraudulent
representations
in
the
practice
of
a
profession
11
or
engaging
in
unethical
conduct
or
practice
harmful
or
12
detrimental
to
the
public.
Proof
of
actual
injury
need
not
be
13
established.
14
4.
d.
Habitual
intoxication
or
addiction
to
the
use
of
15
drugs.
16
5.
e.
Conviction
of
a
crime
related
to
the
profession
17
or
occupation
of
the
licensee
or
the
conviction
of
any
crime
18
that
would
affect
the
licensee’s
ability
to
practice
within
19
a
profession.
A
copy
of
the
record
of
conviction
or
plea
of
20
guilty
shall
be
conclusive
evidence.
21
6.
f.
Fraud
in
representations
as
to
skill
or
ability.
22
7.
g.
Use
of
untruthful
or
improbable
statements
in
23
advertisements.
24
8.
h.
Willful
or
repeated
violations
of
the
provisions
of
25
this
chapter
,
chapter
272C
,
or
a
board’s
enabling
statute.
26
9.
i.
Other
acts
or
offenses
as
specified
by
board
rule.
27
2.
a.
A
physician’s
or
physician
assistant’s
license
28
shall
not
be
revoked
or
suspended,
or
the
licensee
otherwise
29
disciplined
by
the
board
of
medicine
or
board
of
physician
30
assistants,
as
applicable,
based
solely
on
the
licensee’s
31
recommendation
or
provision
of
a
treatment
method
for
lyme
32
disease
or
other
tick-borne
disease
that
is
not
universally
33
accepted
by
the
licensee’s
profession.
34
b.
As
used
in
this
subsection,
“physician”
means
a
person
35
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licensed
to
practice
medicine
and
surgery
or
osteopathic
1
medicine
and
surgery
in
accordance
with
chapter
148
and
2
“physician
assistant”
means
a
physician
assistant
licensed
in
3
accordance
with
chapter
148C.
4
c.
This
subsection
shall
not
exempt
a
licensee
from
5
otherwise
applicable
professional
requirements
or
standards.
6
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
7
immediate
importance,
takes
effect
upon
enactment.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
exempts
physicians
and
surgeons,
osteopathic
12
physicians
and
surgeons,
and
physician
assistants
from
license
13
revocation
or
suspension
and
other
discipline
based
on
the
14
recommendation
or
provision
of
a
treatment
method
for
lyme
15
disease
or
other
tick-borne
disease
that
is
not
universally
16
accepted
by
the
person’s
profession.
The
bill
does
not
exempt
17
physicians
and
surgeons,
osteopathic
physicians
and
surgeons,
18
and
physician
assistants
from
any
otherwise
applicable
19
requirements
or
standards.
20
The
bill
takes
effect
upon
enactment.
21
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