HF 423 (LSB 2335HH (3) 87)

HOUSE FILE 423

BY  HEATON

(COMPANION TO LSB 2335SS BY SEGEBART)

A BILL FOR

An Act relating to the delegation of authority by a psychologist to perform certain services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 154B.1, subsection 6, Code 2017, is amended to read as follows:
   6.  “Practice of psychology” means the application of established principles of learning, motivation, perception, thinking, and emotional relations to problems of behavior adjustment, group relations, and behavior modification, by persons trained in psychology for compensation or other personal gain. The application of principles includes but is not limited to:  Counseling and the use of psychological remedial measures with persons, in groups or individually, with adjustment or emotional problems in the areas of work, family, school, and personal relationships; measuring and testing personality, intelligence, aptitudes, public opinion, attitudes, and skills; and the teaching of such subject matter, and the conducting of research on the problems relating to human behavior.  “Practice of psychology” does not include the performance of a service designated by the board delegated by a licensed psychologist in accordance with section 154B.6A.
    Sec. 2.  NEW SECTION.  154B.6A  Delegation of authority.
   1.  A psychologist licensed under this chapter may delegate authority to perform a service to another person if all of the following criteria are met:
   a.  The psychologist has the authority to delegate the service and the delegation is based on the psychologist’s best professional judgment.
   b.  The service can be properly and safely performed by the person.
   c.  The person does not represent to the public that the person is engaging in the practice of psychology if the person is not a licensed psychologist.
   d.  The person shall inform each recipient of a service performed by the person that the person is working under the supervision of a licensed psychologist.
   e.  The person shall perform the service in a customary manner and in compliance with all applicable provisions of law. 
   2.  A licensed psychologist to whom such authority has been delegated pursuant to this section may represent that the person is engaged in the practice of psychology.
   3.  A psychologist who delegates authority under this section is responsible for the service performed by the person to whom such authority has been delegated, and the service shall be considered to have been performed by the delegating psychologist for billing purposes, including bills submitted to third-party payors.
   4.  The board shall adopt rules to administer this section.
   5.  For purposes of this section, “person” means another licensed psychologist, a person who holds a provisional license in psychology, a new applicant for licensure who possesses a doctoral degree in psychology who is in the process of completing supervised professional experience, or a person enrolled in a formal psychology internship program approved by the board.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill allows a psychologist licensed under Code chapter 154B to delegate authority to perform a service designated by the board to another person, defined in the bill as a licensed psychologist, a person who holds a provisional license in psychology, a new applicant for licensure who possesses a doctoral degree in psychology who is in the process of completing supervised professional experience, or a person enrolled in a formal psychology internship program approved by the board. 
   The bill provides that in order to delegate authority, a psychologist must have the authority to delegate the service and the delegation must be based on the psychologist’s best professional judgment, the service can be properly and safely performed by the person, the person does not represent to the public that the person is engaging in the authorized practice of psychology if the person is not a licensed psychologist, the person must inform each recipient of the service performed by the person that the person is under the supervision of a licensed psychologist, and the person must perform the service in a customary manner and in compliance with all applicable provisions of law. 
   A licensed psychologist to whom such authority has been delegated may represent that the person is engaged in the practice of psychology.
   A psychologist who delegates authority under the bill is responsible for the service performed by the person to whom authority has been delegated and the service shall be considered to have been performed by the delegating psychologist for billing purposes, including bills submitted to third-party payors.
   The bill requires the board of psychology to adopt rules to implement the provisions of the bill.