House Study Bill 138 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BILL) A BILL FOR An Act relating to certain state regulations, including 1 certificate of need requirements, the practice of certain 2 professions, and the oversight of state preserves, and 3 including effective date and transition provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1681XL (10) 87 tr/rh
S.F. _____ H.F. _____ DIVISION I 1 CERTIFICATE OF NEED REQUIREMENT —— HOSPITALS 2 Section 1. Section 135.61, subsection 14, paragraph a, Code 3 2017, is amended by striking the paragraph. 4 Sec. 2. Section 135.61, subsection 18, Code 2017, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . n. The addition of swing-beds by a hospital 7 resulting in a swing-bed capacity of twenty-five or more swing 8 beds, or the addition of nursing facility beds or skilled 9 nursing facility beds by a hospital. 10 Sec. 3. Section 135.61, Code 2017, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 21A. “Proposed institutional health 13 service” or “institutional health service proposed” includes an 14 institutional health service and the new institutional health 15 service or changed institutional health service specified in 16 subsection 18, paragraph “n” . 17 Sec. 4. Section 135.63, subsection 2, paragraph g, 18 subparagraph (1), subparagraph division (a), Code 2017, is 19 amended to read as follows: 20 (a) The institutional health facility reports to the 21 department the number and type of beds reduced on a form 22 prescribed by the department at least thirty days before the 23 reduction. In the case of a health care facility, the new bed 24 total must be consistent with the number of licensed beds at 25 the facility. In the case of a hospital, the number of beds 26 must be consistent with bed totals reported to the department 27 of inspections and appeals for purposes of licensure and 28 certification. 29 Sec. 5. Section 135.63, subsection 2, paragraphs k and n, 30 Code 2017, are amended by striking the paragraphs. 31 Sec. 6. Section 135.63, subsection 2, paragraphs l and m, 32 Code 2017, are amended to read as follows: 33 l. The replacement or modernization of any institutional 34 health facility if the replacement or modernization does 35 -1- LSB 1681XL (10) 87 tr/rh 1/ 82
S.F. _____ H.F. _____ not add new health services or additional bed capacity for 1 existing health services, notwithstanding any provision in this 2 division to the contrary. With respect to a nursing facility, 3 “replacement” means establishing a new facility within the same 4 county as the prior facility to be closed. With reference to 5 a hospital, “replacement” means establishing a new hospital 6 that demonstrates compliance with all of the following criteria 7 through evidence submitted to the department: 8 (1) Is designated as a critical access hospital pursuant to 9 42 U.S.C. §1395i-4. 10 (2) Serves at least seventy-five percent of the same service 11 area that was served by the prior hospital to be closed and 12 replaced by the new hospital. 13 (3) Provides at least seventy-five percent of the same 14 services that were provided by the prior hospital to be closed 15 and replaced by the new hospital. 16 (4) Is staffed by at least seventy-five percent of the 17 same staff, including medical staff, contracted staff, and 18 employees, as constituted the staff of the prior hospital to be 19 closed and replaced by the new hospital. 20 m. Hemodialysis services provided by a hospital or 21 freestanding facility, notwithstanding any provision in this 22 division to the contrary. 23 Sec. 7. Section 135.63, subsection 2, Code 2017, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . q. A facility that provides services to a 26 person with a primary diagnosis of mental illness as defined 27 in section 229.1. 28 Sec. 8. Section 135P.1, subsection 3, Code 2017, is amended 29 to read as follows: 30 3. “Health facility” means an institutional health 31 facility as defined in section 135.61 , hospital as defined 32 in section 135B.1, hospice licensed under chapter 135J , home 33 health agency as defined in section 144D.1 , assisted living 34 program certified under chapter 231C , clinic, or community 35 -2- LSB 1681XL (10) 87 tr/rh 2/ 82
S.F. _____ H.F. _____ health center, and includes any corporation, professional 1 corporation, partnership, limited liability company, limited 2 liability partnership, or other entity comprised of such health 3 facilities. 4 Sec. 9. EFFECTIVE DATES. 5 1. Except as provided in subsection 2, this division of this 6 Act takes effect July 1, 2019. 7 2. The section of this division of this Act enacting 8 section 135.63, subsection 2, paragraph “q”, takes effect upon 9 enactment. 10 DIVISION II 11 REPEALS OF CERTAIN BOARDS AND CONFORMING AMENDMENTS 12 Sec. 10. Section 10A.104, subsection 15, Code 2017, is 13 amended to read as follows: 14 15. Administer inspections of cosmetology salons under 15 section 157.7 and barbershops under section 158.6 . 16 Sec. 11. Section 85B.9, subsections 2 and 4, Code 2017, are 17 amended to read as follows: 18 2. Audiometric examinations shall be administered by 19 persons who are certified by the council for accreditation 20 in occupational hearing conservation or by persons licensed 21 registered as audiologists under chapter 154F , or licensed as 22 physicians or osteopathic physicians and surgeons under chapter 23 148 , provided the registered and licensed persons are trained 24 in audiometry. 25 4. a. The assessment of the proportion of the total 26 binaural percentage hearing loss that is due to occupational 27 noise exposure shall be made by the employer’s regular or 28 consulting physician or licensed registered audiologist who 29 is trained and has had experience with such assessment. If 30 several audiometric examinations are available for assessment, 31 the physician or audiologist shall determine which examinations 32 shall be used in the final assessment of occupational hearing 33 loss. 34 b. If the employee disputes the assessment, the employee 35 -3- LSB 1681XL (10) 87 tr/rh 3/ 82
S.F. _____ H.F. _____ may select a physician or licensed registered audiologist 1 similarly trained and experienced to give an assessment of the 2 audiometric examinations. 3 Sec. 12. Section 135.11, subsection 7, Code 2017, is amended 4 to read as follows: 5 7. Exercise sole jurisdiction over the disposal and 6 transportation of the dead bodies of human beings and prescribe 7 the methods to be used in preparing such bodies for disposal 8 and transportation. However, the department may approve 9 a request for an exception to the application of specific 10 embalming and disposition rules adopted pursuant to this 11 subsection if such rules would otherwise conflict with tenets 12 and practices of a recognized religious denomination to which 13 the deceased individual adhered or of which denomination the 14 deceased individual was a member. The department shall inform 15 the board of mortuary science of any such approved exception 16 which may affect services provided by a funeral director 17 licensed pursuant to chapter 156 . 18 Sec. 13. Section 135.24, subsection 2, paragraphs a and d, 19 Code 2017, are amended to read as follows: 20 a. Procedures for registration of health care providers 21 deemed qualified by the board of medicine, the board of 22 physician assistants, the dental board, the board of nursing, 23 the board of chiropractic, the board of psychology, the board 24 of social work, the board of behavioral science, the board 25 of pharmacy, the board of optometry, the board of podiatry, 26 the board of physical and occupational therapy, the board of 27 respiratory care and polysomnography, and the Iowa department 28 of public health, as applicable. 29 d. Identification of the services to be provided under the 30 program. The services provided may include but shall not be 31 limited to obstetrical and gynecological medical services, 32 psychiatric services provided by a physician licensed under 33 chapter 148 , dental services provided under chapter 153 , or 34 other services provided under chapter 147A , 148A , 148B , 148C , 35 -4- LSB 1681XL (10) 87 tr/rh 4/ 82
S.F. _____ H.F. _____ 149 , 151 , 152 , 152B , 152E , 154 , 154B , 154C , 154D , 154F , or 1 155A . 2 Sec. 14. Section 135.24, subsection 7, paragraph d, Code 3 2017, is amended to read as follows: 4 d. “Health care provider” means a physician licensed under 5 chapter 148 , a chiropractor licensed under chapter 151 , a 6 physical therapist licensed pursuant to chapter 148A , an 7 occupational therapist licensed pursuant to chapter 148B , 8 a podiatrist licensed pursuant to chapter 149 , a physician 9 assistant licensed and practicing under a supervising physician 10 pursuant to chapter 148C , a licensed practical nurse, a 11 registered nurse, or an advanced registered nurse practitioner 12 licensed pursuant to chapter 152 or 152E , a respiratory 13 therapist licensed pursuant to chapter 152B , a dentist, dental 14 hygienist, or dental assistant registered or licensed to 15 practice under chapter 153 , an optometrist licensed pursuant 16 to chapter 154 , a psychologist licensed pursuant to chapter 17 154B , a social worker licensed registered pursuant to chapter 18 154C , a mental health counselor or a marital and family 19 therapist licensed registered pursuant to chapter 154D , a 20 speech pathologist or audiologist licensed registered pursuant 21 to chapter 154F , a pharmacist licensed pursuant to chapter 22 155A , or an emergency medical care provider certified pursuant 23 to chapter 147A . 24 Sec. 15. Section 135.61, subsection 10, Code 2017, is 25 amended to read as follows: 26 10. “Health care provider” means a person licensed , 27 registered, or certified under chapter 147 , 148 , 148A , 148C , 28 149 , 151 , 152 , 153 , 154 , 154B , 154F , or 155A to provide in this 29 state professional health care service to an individual during 30 that individual’s medical care, treatment, or confinement. 31 Sec. 16. Section 135.131, subsection 4, Code 2017, is 32 amended to read as follows: 33 4. A birth center shall refer the newborn to a licensed 34 registered audiologist, physician, or hospital for screening 35 -5- LSB 1681XL (10) 87 tr/rh 5/ 82
S.F. _____ H.F. _____ for hearing loss prior to discharge of the newborn from the 1 birth center. The hearing screening shall be completed within 2 thirty days following discharge of the newborn. The person 3 completing the hearing screening shall report the results 4 of the screening to the parent or guardian of the newborn 5 and to the department in a manner prescribed by rule of the 6 department. Such person shall also report the results of the 7 screening to the primary care provider of the newborn. 8 Sec. 17. Section 135L.3, subsection 3, paragraphs b and j, 9 Code 2017, are amended to read as follows: 10 b. The pregnant minor may participate in the court 11 proceedings on the pregnant minor’s own behalf. The court may 12 appoint a guardian ad litem for the pregnant minor and the 13 court shall appoint a guardian ad litem for the pregnant minor 14 if the pregnant minor is not accompanied by a responsible adult 15 or if the pregnant minor has not viewed the video as provided 16 pursuant to section 135L.2 . In appointing a guardian ad litem 17 for the pregnant minor, the court shall consider a person 18 licensed to practice psychology pursuant to chapter 154B , a 19 licensed registered social worker pursuant to chapter 154C , a 20 licensed registered marital and family therapist pursuant to 21 chapter 154D , or a licensed registered mental health counselor 22 pursuant to chapter 154D to serve in the capacity of guardian 23 ad litem. The court shall advise the pregnant minor of the 24 pregnant minor’s right to court-appointed legal counsel, and 25 shall, upon the pregnant minor’s request, provide the pregnant 26 minor with court-appointed legal counsel, at no cost to the 27 pregnant minor. 28 j. If the court denies the petition for waiver of 29 notification and if the decision is not appealed or all appeals 30 are exhausted, the court shall advise the pregnant minor that, 31 upon the request of the pregnant minor, the court will appoint 32 a licensed registered marital and family therapist to assist 33 the pregnant minor in addressing any intrafamilial problems. 34 All costs of services provided by a court-appointed licensed 35 -6- LSB 1681XL (10) 87 tr/rh 6/ 82
S.F. _____ H.F. _____ registered marital and family therapist shall be paid by the 1 court through the expenditure of funds appropriated to the 2 judicial branch. 3 Sec. 18. Section 144C.3, subsection 5, Code 2017, is amended 4 to read as follows: 5 5. This section shall not be construed to permit a person 6 who is not licensed registered pursuant to chapter 156 to make 7 funeral arrangements. 8 Sec. 19. Section 144C.11, Code 2017, is amended to read as 9 follows: 10 144C.11 Practice of mortuary science. 11 This chapter shall not be construed to authorize the 12 unlicensed unregistered practice of mortuary science as 13 provided in chapter 156 . 14 Sec. 20. Section 147.1, subsections 3 and 6, Code 2017, are 15 amended to read as follows: 16 3. “Licensed” or “certified” , when applied to a physician 17 and surgeon, podiatric physician, osteopathic physician and 18 surgeon, physician assistant, psychologist, chiropractor, 19 nurse, dentist, dental hygienist, dental assistant, 20 optometrist, speech pathologist, audiologist, pharmacist, 21 physical therapist, physical therapist assistant, occupational 22 therapist, occupational therapy assistant, orthotist, 23 prosthetist, pedorthist, respiratory care practitioner, 24 practitioner of cosmetology arts and sciences, practitioner 25 of barbering, funeral director, dietitian, marital and 26 family therapist, mental health counselor, respiratory 27 care and polysomnography practitioner, polysomnographic 28 technologist, social worker, massage therapist, athletic 29 trainer, acupuncturist, nursing home administrator, hearing 30 aid specialist, or sign language interpreter or transliterator 31 means a person licensed under this subtitle . 32 6. “Profession” means medicine and surgery, podiatry, 33 osteopathic medicine and surgery, practice as a physician 34 assistant, psychology, chiropractic, nursing, dentistry, 35 -7- LSB 1681XL (10) 87 tr/rh 7/ 82
S.F. _____ H.F. _____ dental hygiene, dental assisting, optometry, speech pathology, 1 audiology, pharmacy, physical therapy, physical therapist 2 assisting, occupational therapy, occupational therapy 3 assisting, respiratory care, cosmetology arts and sciences, 4 barbering, mortuary science, marital and family therapy, mental 5 health counseling, polysomnography, social work, dietetics, 6 massage therapy, athletic training, acupuncture, nursing 7 home administration, practice as a hearing aid specialist, 8 or sign language interpreting or transliterating , orthotics, 9 prosthetics, or pedorthics . 10 Sec. 21. Section 147.2, subsection 1, Code 2017, is amended 11 to read as follows: 12 1. A person shall not engage in the practice of medicine 13 and surgery, podiatry, osteopathic medicine and surgery, 14 psychology, chiropractic, physical therapy, physical 15 therapist assisting, nursing, dentistry, dental hygiene, 16 dental assisting, optometry, speech pathology, audiology, 17 occupational therapy, occupational therapy assisting, 18 orthotics, prosthetics, pedorthics, respiratory care, 19 pharmacy, cosmetology arts and sciences, barbering, social 20 work, dietetics, marital and family therapy or mental health 21 counseling, massage therapy, mortuary science, polysomnography, 22 athletic training, acupuncture, nursing home administration, 23 or sign language interpreting or transliterating, or shall not 24 practice as a physician assistant or a hearing aid specialist , 25 unless the person has obtained a license for that purpose from 26 the board for the profession. 27 Sec. 22. Section 147.13, subsections 10, 12, 14, 15, 16, 17, 28 18, 19, 20, 22, and 24, Code 2017, are amended by striking the 29 subsections. 30 Sec. 23. Section 147.14, subsection 1, paragraphs a, i, k, 31 m, o, p, q, r, t, and v, Code 2017, are amended by striking the 32 paragraphs. 33 Sec. 24. Section 147.14, subsection 1, paragraph s, Code 34 2017, is amended to read as follows: 35 -8- LSB 1681XL (10) 87 tr/rh 8/ 82
S.F. _____ H.F. _____ s. For podiatry, five members licensed to practice podiatry , 1 two members licensed to practice orthotics, prosthetics, or 2 pedorthics, and two members who are not so licensed to practice 3 podiatry and who shall represent the general public. 4 Sec. 25. Section 147.74, subsections 11, 12, 13, 14, 17, 5 19, 20, 23, and 24, Code 2017, are amended by striking the 6 subsections. 7 Sec. 26. Section 147.76, Code 2017, is amended to read as 8 follows: 9 147.76 Rules. 10 The boards for the various professions shall adopt all 11 necessary and proper rules to administer and interpret this 12 chapter and chapters 148 through 158, except chapter 148D 152, 13 152E, 153, 154, 154B, 154E, 154F, 155, 155A, and 157 . 14 Sec. 27. Section 148A.3, subsection 1, Code 2017, is amended 15 to read as follows: 16 1. Licensed physicians and surgeons, osteopathic physicians 17 and surgeons, podiatric physicians, chiropractors, nurses, 18 dentists, and cosmetologists , and barbers, who are engaged in 19 the practice of their respective professions. 20 Sec. 28. Section 152.1, subsection 6, paragraph c, Code 21 2017, is amended to read as follows: 22 c. The performance of services by unlicensed or unregistered 23 workers employed in offices, hospitals, or health care 24 facilities, as defined in section 135C.1 , under the supervision 25 of a physician or a nurse licensed under this chapter , or 26 employed in the office of a psychologist, podiatric physician, 27 optometrist, chiropractor, speech pathologist, audiologist, or 28 physical therapist licensed or registered to practice in this 29 state, and when acting while within the scope of the employer’s 30 license. 31 Sec. 29. Section 152A.1, Code 2017, is amended to read as 32 follows: 33 152A.1 Definitions. 34 As used in this chapter , unless the context otherwise 35 -9- LSB 1681XL (10) 87 tr/rh 9/ 82
S.F. _____ H.F. _____ requires: 1 1. “Board” “Department” means the board of dietetics 2 department of public health created under chapter 147 135 . 3 2. “Licensed dietitian” or “dietitian” “Dietitian” means a 4 person who holds a valid license registers with the department 5 to practice dietetics pursuant to this chapter . 6 Sec. 30. Section 152A.2, Code 2017, is amended by striking 7 the section and inserting in lieu thereof the following: 8 152A.2 Dietitian registration. 9 A person shall register with the department in order to 10 provide services as a dietitian. 11 Sec. 31. Section 153.13, subsection 3, Code 2017, is amended 12 by striking the subsection. 13 Sec. 32. Section 154C.1, subsection 1, Code 2017, is amended 14 by striking the subsection and inserting in lieu thereof the 15 following: 16 1. “Department” means the department of public health 17 established in chapter 135. 18 Sec. 33. Section 154C.1, subsection 2, Code 2017, is amended 19 by striking the subsection. 20 Sec. 34. Section 154C.1, subsection 3, unnumbered paragraph 21 1, Code 2017, is amended to read as follows: 22 “Practice of social work” means the professional activity 23 of licensees persons registered under this chapter which is 24 directed at enhancing or restoring people’s capacity for social 25 functioning, whether impaired by environmental, emotional, 26 or physical factors, with particular attention to the 27 person-in-situation configuration. The social work profession 28 represents a body of knowledge requiring progressively more 29 sophisticated analytic and intervention skills, and includes 30 the application of psychosocial theory methods to individuals, 31 couples, families, groups, and communities. The practice of 32 social work does not include the making of a medical diagnosis, 33 or the treatment of conditions or disorders of biological 34 etiology except treatment of conditions or disorders which 35 -10- LSB 1681XL (10) 87 tr/rh 10/ 82
S.F. _____ H.F. _____ involve psychosocial aspects and conditions. The practice of 1 social work for each of the categories of social work licensure 2 includes the following: 3 Sec. 35. NEW SECTION . 154C.1A Social work registration. 4 A person shall register with the department in order to 5 engage in the practice of social work. 6 Sec. 36. Section 154C.7, unnumbered paragraph 1, Code 2017, 7 is amended to read as follows: 8 This chapter and chapter 147 do not prevent qualified 9 members of other professions including, but not limited to, 10 nurses, psychologists, marital and family therapists, mental 11 health counselors, physicians, physician assistants, attorneys 12 at law, or members of the clergy, from providing or advertising 13 that they provide services of a social work nature consistent 14 with the accepted standards of their respective professions, 15 provided that these persons do not use a title or description 16 indicating or implying that they are licensed registered to 17 practice social work under this chapter or that they are 18 practicing social work as defined in this chapter . 19 Sec. 37. Section 154D.1, subsection 1, Code 2017, is amended 20 by striking the subsection and inserting in lieu thereof the 21 following: 22 1. “Department” means the department of public health 23 established in chapter 135. 24 Sec. 38. Section 154D.1, subsections 2 and 3, Code 2017, are 25 amended to read as follows: 26 2. “Licensed “Registered marital and family therapist” means 27 a person licensed registered to practice marital and family 28 therapy under chapter 147 and this chapter . 29 3. “Licensed “Registered mental health counselor” means a 30 person licensed registered to practice mental health counseling 31 under chapter 147 and this chapter . 32 Sec. 39. Section 154D.1, subsections 4, 7, 8, and 9, Code 33 2017, are amended by striking the subsections. 34 Sec. 40. NEW SECTION . 154D.1A Behavioral science 35 -11- LSB 1681XL (10) 87 tr/rh 11/ 82
S.F. _____ H.F. _____ registration. 1 A person shall register with the department in order to 2 provide services as a registered marital and family therapist 3 or a registered mental health counselor. 4 Sec. 41. Section 154D.4, Code 2017, is amended to read as 5 follows: 6 154D.4 Exemptions. 7 1. This chapter and chapter 147 do not prevent qualified 8 members of other professions, including but not limited to 9 nurses, psychologists, social workers, physicians, physician 10 assistants, attorneys at law, or members of the clergy, from 11 providing or advertising that they provide services of a 12 marital and family therapy or mental health counseling nature 13 consistent with the accepted standards of their respective 14 professions, but these persons shall not use a title or 15 description denoting that they are licensed registered marital 16 and family therapists or licensed registered mental health 17 counselors. 18 2. The licensure registration requirements of this chapter 19 and chapter 147 do not apply to the following: 20 a. Students whose activities are conducted within a course 21 of professional education in marital and family therapy or 22 mental health counseling. 23 b. A person who practices marital and family therapy or 24 mental health counseling under the supervision of a person 25 licensed registered under this chapter as part of a clinical 26 experience as described in section 154D.2, subsection 2 . 27 c. The provision of children, family, or mental health 28 services through the department of human services or juvenile 29 court, or agencies contracting with the department of human 30 services or juvenile court, by persons who do not represent 31 themselves to be either a marital and family therapist or a 32 mental health counselor. 33 Sec. 42. Section 154F.1, subsection 2, Code 2017, is amended 34 to read as follows: 35 -12- LSB 1681XL (10) 87 tr/rh 12/ 82
S.F. _____ H.F. _____ 2. “Board” means the board of speech pathology and audiology 1 medicine established pursuant to section 147.14, subsection 1 , 2 paragraph “i” chapter 147 . 3 Sec. 43. Section 154F.2, subsection 1, paragraph b, Code 4 2017, is amended by striking the paragraph. 5 Sec. 44. Section 154F.2, subsection 1, paragraph c, Code 6 2017, is amended to read as follows: 7 c. Students enrolled in an accredited college or university 8 pursuing a course of study leading to a degree in speech 9 pathology or audiology while receiving clinical training as a 10 part of the course of study and acting under the supervision 11 of a licensed registered speech pathologist or audiologist 12 provided they use the title “trainee” or similar title clearly 13 indicating training status. 14 Sec. 45. Section 154F.2, subsection 2, Code 2017, is amended 15 to read as follows: 16 2. A person exempted from the provisions of this chapter by 17 this section shall not use the title “speech pathologist” or 18 “audiologist” or any title or device indicating or representing 19 in any manner that the person is a speech pathologist or is 20 an audiologist; provided, a hearing aid specialist licensed 21 under chapter 154A may use the title “certified hearing 22 aid audiologist” when granted by the national hearing aid 23 society; and provided, persons who meet the requirements 24 of section 154F.3, subsection 1 , who are certified by the 25 department of education as speech clinicians may use the title 26 “speech pathologist” and persons who meet the requirements 27 of section 154F.3, subsection 2 , who are certified by the 28 department of education as hearing clinicians may use the 29 title “audiologist”, while acting within the scope of their 30 employment. 31 Sec. 46. NEW SECTION . 154F.2A Speech pathology and 32 audiology registration. 33 A person shall register with the board in order to provide 34 services as an audiologist or speech pathologist. 35 -13- LSB 1681XL (10) 87 tr/rh 13/ 82
S.F. _____ H.F. _____ Sec. 47. Section 156.1, subsections 1 and 6, Code 2017, are 1 amended by striking the subsections. 2 Sec. 48. Section 156.1, subsections 3, 4, and 5, Code 2017, 3 are amended to read as follows: 4 3. “Cremation establishment” means a place of business as 5 defined by the board which provides any aspect of cremation 6 services. 7 4. “Funeral director” means a person licensed by registered 8 with the board department to practice mortuary science. 9 5. “Funeral establishment” means a place of business 10 as defined by the board devoted to providing any aspect of 11 mortuary science. 12 Sec. 49. Section 156.1, Code 2017, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 3A. “Department” means the department of 15 public health established in chapter 135. 16 Sec. 50. Section 156.4, Code 2017, is amended to read as 17 follows: 18 156.4 Funeral directors. 19 1. The practice of a funeral director must be conducted 20 from a funeral establishment licensed by the board. The board 21 may specify criteria for exceptions to the requirement of this 22 subsection in rules . 23 2. A person shall not engage in the practice of mortuary 24 science or establish, conduct, or maintain a funeral 25 establishment or a cremation establishment unless licensed 26 registered with the department . 27 3. Applications for the examination for a funeral 28 director’s license shall be verified on a form furnished by the 29 board. 30 4. Applicants shall pass an examination prescribed by the 31 board, which shall include the subjects of funeral directing, 32 burial or other disposition of dead human bodies, sanitary 33 science, embalming, restorative art, anatomy, public health, 34 transportation, business ethics, and such other subjects as the 35 -14- LSB 1681XL (10) 87 tr/rh 14/ 82
S.F. _____ H.F. _____ board may designate. 1 5. After the applicant has completed satisfactorily the 2 course of instruction in mortuary science in an accredited 3 school approved by the board, the applicant must pass the 4 examination prescribed by the board as provided in section 5 147.34 . The applicant may then receive an internship 6 certificate and shall then complete a minimum one-year 7 internship as determined by the board. 8 Sec. 51. Section 157.2, subsection 1, paragraph b, Code 9 2017, is amended by striking the paragraph. 10 Sec. 52. Section 157.2, subsection 1, paragraph h, Code 11 2017, is amended to read as follows: 12 h. Employees of a licensed barbershop when manicuring 13 fingernails , if permitted under section 158.14, subsection 2 . 14 Sec. 53. Section 157.7, Code 2017, is amended to read as 15 follows: 16 157.7 Inspectors and clerical assistants. 17 The department of inspections and appeals shall employ 18 personnel pursuant to chapter 8A, subchapter IV , to perform 19 duties related to inspection functions under this chapter . 20 The department of inspections and appeals shall, when 21 possible, integrate inspection efforts under this chapter with 22 inspections conducted under chapter 158 . 23 The Iowa department of public health may employ clerical 24 assistants pursuant to chapter 8A, subchapter IV , to administer 25 and enforce this chapter . The costs and expenses of the 26 clerical assistants shall be paid from funds appropriated to 27 the department of public health. 28 Sec. 54. Section 157.8, subsection 2, paragraph c, Code 29 2017, is amended to read as follows: 30 c. A license for a school of cosmetology arts and sciences 31 shall not be issued for any space in any location where the 32 same space is also licensed as a barber school. 33 Sec. 55. Section 157.9, Code 2017, is amended to read as 34 follows: 35 -15- LSB 1681XL (10) 87 tr/rh 15/ 82
S.F. _____ H.F. _____ 157.9 License suspension and revocation. 1 Any license issued by the department under the provisions 2 of this chapter may be suspended, revoked, or renewal denied 3 by the board for violation of any provision of this chapter 4 or chapter 158 or rules promulgated by the board under the 5 provisions of chapter 17A . 6 Sec. 56. Section 157.10, subsection 3, Code 2017, is amended 7 to read as follows: 8 3. A barber licensed under chapter 158 or a student in 9 a barber school who applies for licensure in a practice of 10 cosmetology arts and sciences or who enrolls in a school 11 of cosmetology arts and sciences shall be granted, at the 12 discretion of the school, at least half credit and up to full 13 credit for each course successfully completed for licensure 14 as a barber in barbering which meets the requirements for 15 licensure in a practice of cosmetology arts and sciences. 16 Sec. 57. Section 157.12, Code 2017, is amended to read as 17 follows: 18 157.12 Supervisors. 19 A person who directly supervises the work of practitioners 20 of cosmetology arts and sciences shall be licensed in the 21 practice supervised or a barber licensed under section 158.3 . 22 Sec. 58. Section 157.13, subsection 1, unnumbered paragraph 23 1, Code 2017, is amended to read as follows: 24 It is unlawful for a person to employ an individual to 25 practice cosmetology arts and sciences unless that individual 26 is licensed or has obtained a temporary permit under this 27 chapter . It is unlawful for a licensee to practice with or 28 without compensation in any place other than a licensed salon , 29 or a licensed school of cosmetology arts and sciences , or a 30 licensed barbershop as defined in section 158.1 . The following 31 exceptions to this subsection shall apply: 32 Sec. 59. Section 157.13, subsection 1, paragraph a, Code 33 2017, is amended to read as follows: 34 a. A licensee may practice at a location which is not a 35 -16- LSB 1681XL (10) 87 tr/rh 16/ 82
S.F. _____ H.F. _____ licensed salon , or school of cosmetology arts and sciences , or 1 licensed barbershop under extenuating circumstances arising 2 from physical or mental disability or death of a customer. 3 Sec. 60. Section 157.13, subsection 2, Code 2017, is amended 4 to read as follows: 5 2. It is unlawful for a licensee to claim to be a licensed 6 barber, however a licensed cosmetologist may work in a licensed 7 barbershop. It is unlawful for a person to employ a licensed 8 cosmetologist, esthetician, or electrologist to perform the 9 services described in section 157.3A if the licensee has not 10 received the additional training and met the other requirements 11 specified in section 157.3A . 12 Sec. 61. Section 216E.7, Code 2017, is amended to read as 13 follows: 14 216E.7 Exemptions. 15 This chapter does not apply to a hearing aid sold, leased, or 16 transferred to a consumer by an audiologist licensed registered 17 under chapter 154F , or a hearing aid specialist licensed under 18 chapter 154A , if the audiologist or specialist provides either 19 an express warranty for the hearing aid or provides for service 20 and replacement of the hearing aid. 21 Sec. 62. Section 249A.15A, Code 2017, is amended to read as 22 follows: 23 249A.15A Licensed Registered marital and family therapists, 24 licensed master registered social workers, licensed registered 25 mental health counselors, and certified alcohol and drug 26 counselors. 27 1. The department shall adopt rules pursuant to chapter 28 17A entitling marital and family therapists who are licensed 29 registered pursuant to chapter 154D to payment for behavioral 30 health services provided to recipients of medical assistance, 31 subject to limitations and exclusions the department finds 32 necessary on the basis of federal laws and regulations. 33 2. The department shall adopt rules pursuant to chapter 34 17A entitling master social workers who hold a master’s degree 35 -17- LSB 1681XL (10) 87 tr/rh 17/ 82
S.F. _____ H.F. _____ approved by the board of social work, are licensed as a master 1 social worker registered pursuant to section 154C.3, subsection 2 1, paragraph “b” , 154C.1A and provide treatment services under 3 the supervision of an independent social worker licensed 4 pursuant to section 154C.3, subsection 1 , paragraph “c” , to 5 payment for behavioral health services provided to recipients 6 of medical assistance, subject to limitations and exclusions 7 the department finds necessary on the basis of federal laws and 8 regulations. 9 3. The department shall adopt rules pursuant to chapter 17A 10 entitling mental health counselors who are licensed registered 11 pursuant to chapter 154D to payment for behavioral health 12 services provided to recipients of medical assistance, subject 13 to limitations and exclusions the department finds necessary on 14 the basis of federal laws and regulations. 15 4. The department shall adopt rules pursuant to chapter 17A 16 entitling alcohol and drug counselors who are certified by the 17 nongovernmental Iowa board of substance abuse certification to 18 payment for behavioral health services provided to recipients 19 of medical assistance, subject to limitations and exclusions 20 the department finds necessary on the basis of federal laws and 21 regulations. 22 Sec. 63. Section 249A.15B, Code 2017, is amended to read as 23 follows: 24 249A.15B Speech pathologists eligible for payment. 25 The department shall adopt rules pursuant to chapter 17A 26 entitling speech pathologists who are licensed registered 27 pursuant to chapter 154F , including those certified in 28 independent practice, to payment for speech pathology services 29 provided to recipients of medical assistance, subject to 30 limitations and exclusions the department finds necessary on 31 the basis of federal laws and regulations. 32 Sec. 64. Section 261.61, subsections 2, 5, and 9, Code 2017, 33 are amended to read as follows: 34 2. All classes identified by the barber school or school 35 -18- LSB 1681XL (10) 87 tr/rh 18/ 82
S.F. _____ H.F. _____ of cosmetology arts and sciences as required for completion 1 of a course of study required for practice as a barber or 2 for licensure as provided in section 158.8 or required for 3 licensure as provided in section 157.10 , shall be considered 4 a part of the student’s barber or cosmetology course of study 5 for the purpose of determining the student’s eligibility for a 6 grant. Notwithstanding subsection 3 , if a student is making 7 satisfactory academic progress but the student cannot complete 8 the course of study in the time frame allowed for a student 9 to receive a barber and cosmetology arts and sciences tuition 10 grant as provided in subsection 3 because additional classes 11 are required to complete the course of study, the student may 12 continue to receive a barber and cosmetology arts and sciences 13 tuition grant for not more than one additional enrollment 14 period. 15 5. A barber and cosmetology arts and sciences tuition grant 16 shall be awarded on an annual basis, requiring reapplication 17 by the student for each year. Payments under the grant shall 18 be allocated equally among the semesters or quarters of the 19 year upon certification by the institution that the student is 20 in full-time or part-time attendance in a course of study at a 21 licensed barber school or licensed school of cosmetology arts 22 and sciences. If the student discontinues attendance before 23 the end of any term after receiving payment of the grant, the 24 entire amount of any refund due that student, up to the amount 25 of any payments made under the annual grant, shall be paid by 26 the institution to the state. 27 9. For purposes of this section , “eligible school” means 28 a barber school licensed under section 158.7 or a school of 29 cosmetology arts and sciences licensed under chapter 157 . An 30 eligible school shall be accredited by a national accrediting 31 agency recognized by the United States department of education 32 and shall meet the criteria in section 261.9, subsection 1 , 33 paragraphs “d” through “g” . An eligible school shall report 34 promptly to the commission any information requested. 35 -19- LSB 1681XL (10) 87 tr/rh 19/ 82
S.F. _____ H.F. _____ Sec. 65. Section 261.61, subsection 7, paragraph a, Code 1 2017, is amended to read as follows: 2 a. Provide application forms for distribution to students by 3 Iowa high schools, licensed barber schools and licensed schools 4 of cosmetology arts and sciences, and community colleges. 5 Sec. 66. Section 261B.11, subsection 1, paragraph i, Code 6 2017, is amended to read as follows: 7 i. Postsecondary educational institutions licensed by 8 the state of Iowa under section 157.8 or 158.7 to operate as 9 schools of cosmetology arts and sciences or as barber schools 10 in the state. 11 Sec. 67. Section 261B.11, subsection 1, paragraph m, Code 12 2017, is amended by striking the paragraph. 13 Sec. 68. Section 272.1, Code 2017, is amended by adding the 14 following new subsections: 15 NEW SUBSECTION . 1A. “Athletic trainer” means a person 16 registered under this chapter to practice athletic training 17 under the direction of a licensed physician. 18 NEW SUBSECTION . 1B. “Athletic training” means the practice 19 of prevention, recognition, assessment, physical evaluation, 20 management, treatment, disposition, and physical reconditioning 21 of athletic injuries that are within the professional 22 preparation and education of a registered athletic trainer and 23 under the direction of a licensed physician. The term “athletic 24 training” includes the organization and administration of 25 educational programs and athletic facilities, and the education 26 and counseling of the public on matters relating to athletic 27 training. 28 Sec. 69. Section 272.2, subsection 10, Code 2017, is amended 29 to read as follows: 30 10. Issue statements of professional recognition to 31 school service personnel who have attained a minimum of 32 a baccalaureate degree and who are licensed by another 33 professional licensing board , including but not limited to 34 athletic trainers licensed under chapter 152D . 35 -20- LSB 1681XL (10) 87 tr/rh 20/ 82
S.F. _____ H.F. _____ Sec. 70. NEW SECTION . 272.32 Athletic training 1 registration. 2 A person shall register with the department in order to 3 practice as an athletic trainer. 4 Sec. 71. Section 272C.1, subsection 6, paragraphs g, k, 5 u, v, z, aa, and ab, Code 2017, are amended by striking the 6 paragraphs. 7 Sec. 72. Section 272C.3, subsection 2, paragraph a, Code 8 2017, is amended to read as follows: 9 a. Revoke a license, or suspend a license either until 10 further order of the board or for a specified period, upon any 11 of the grounds specified in section 100D.5 , 105.22 , 147.55 , 12 148.6 , 148B.7 , 152.10 , 153.34 , 154A.24 , 169.13 , 455B.219 , 13 542.10 , 542B.21 , 543B.29 , 544A.13 , 544B.15 , or 602.3203 or 14 chapter 151 or 155 , as applicable, or upon any other grounds 15 specifically provided for in this chapter for revocation of 16 the license of a licensee subject to the jurisdiction of 17 that board, or upon failure of the licensee to comply with a 18 decision of the board imposing licensee discipline. 19 Sec. 73. Section 272C.4, subsection 6, Code 2017, is amended 20 to read as follows: 21 6. Define by rule acts or omissions that are grounds for 22 revocation or suspension of a license under section 100D.5 , 23 105.22 , 147.55 , 148.6 , 148B.7 , 152.10 , 153.34 , 154A.24 , 169.13 , 24 455B.219 , 542.10 , 542B.21 , 543B.29 , 544A.13 , 544B.15 , or 25 602.3203 or chapter 151 or 155 , as applicable, and to define 26 by rule acts or omissions that constitute negligence, careless 27 acts, or omissions within the meaning of section 272C.3, 28 subsection 2 , paragraph “b” , which licensees are required to 29 report to the board pursuant to section 272C.9, subsection 2 . 30 Sec. 74. Section 272C.5, subsection 2, paragraph c, Code 31 2017, is amended to read as follows: 32 c. Shall state whether the procedures are an alternative 33 to or an addition to the procedures stated in sections 100D.5 , 34 105.23 , 105.24 , 148.6 through 148.9 , 152.10 , 152.11 , 153.33 , 35 -21- LSB 1681XL (10) 87 tr/rh 21/ 82
S.F. _____ H.F. _____ 154A.23 , 542.11 , 542B.22 , 543B.35 , 543B.36 , and 544B.16 . 1 Sec. 75. Section 272C.6, subsection 6, paragraph a, Code 2 2017, is amended to read as follows: 3 a. A board created pursuant to chapter 147 , 154A , 155 , 4 169 , 542 , 542B , 543B , 543D , 544A , or 544B may charge a fee not 5 to exceed seventy-five dollars for conducting a disciplinary 6 hearing pursuant to this chapter which results in disciplinary 7 action taken against the licensee by the board, and in addition 8 to the fee, may recover from a licensee the costs for the 9 following procedures and associated personnel: 10 (1) Transcript. 11 (2) Witness fees and expenses. 12 (3) Depositions. 13 (4) Medical examination fees incurred relating to a person 14 licensed under chapter 147 , 154A , 155 , or 169 . 15 Sec. 76. Section 273.2, subsection 7, Code 2017, is amended 16 to read as follows: 17 7. The board of an area education agency or a consortium 18 of two or more area education agencies shall contract with 19 one or more licensed registered dietitians for the support of 20 nutritional provisions in individual education plans developed 21 in accordance with chapter 256B and to provide information to 22 support school nutrition coordinators. 23 Sec. 77. Section 280.13C, subsection 4, paragraph b, Code 24 2017, is amended to read as follows: 25 b. “Licensed health care provider” means a physician, 26 physician assistant, chiropractor, advanced registered nurse 27 practitioner, nurse, or physical therapist , or athletic trainer 28 licensed by a board designated under section 147.13 . 29 Sec. 78. Section 331.608, subsection 6, paragraph c, Code 30 2017, is amended to read as follows: 31 c. To a person who is a funeral director licensed registered 32 pursuant to chapter 156 and who has custody of the body of a 33 deceased veteran. 34 Sec. 79. Section 423.2, subsection 6, paragraph a, Code 35 -22- LSB 1681XL (10) 87 tr/rh 22/ 82
S.F. _____ H.F. _____ 2017, is amended to read as follows: 1 a. The sales price of any of the following enumerated 2 services is subject to the tax imposed by subsection 3 5 : alteration and garment repair; armored car; vehicle repair; 4 battery, tire, and allied; investment counseling; service 5 charges of all financial institutions; barber and beauty; boat 6 repair; vehicle wash and wax; campgrounds; carpentry; roof, 7 shingle, and glass repair; dance schools and dance studios; 8 dating services; dry cleaning, pressing, dyeing, and laundering 9 excluding the use of self-pay washers and dryers; electrical 10 and electronic repair and installation; excavating and 11 grading; farm implement repair of all kinds; flying service; 12 furniture, rug, carpet, and upholstery repair and cleaning; fur 13 storage and repair; golf and country clubs and all commercial 14 recreation; gun and camera repair; house and building moving; 15 household appliance, television, and radio repair; janitorial 16 and building maintenance or cleaning; jewelry and watch 17 repair; lawn care, landscaping, and tree trimming and removal; 18 limousine service, including driver; machine operator; machine 19 repair of all kinds; motor repair; motorcycle, scooter, and 20 bicycle repair; oilers and lubricators; office and business 21 machine repair; painting, papering, and interior decorating; 22 parking facilities; pay television; pet grooming; pipe 23 fitting and plumbing; wood preparation; executive search 24 agencies; private employment agencies, excluding services 25 for placing a person in employment where the principal place 26 of employment of that person is to be located outside of the 27 state; reflexology; security and detective services, excluding 28 private security and detective services furnished by a peace 29 officer with the knowledge and consent of the chief executive 30 officer of the peace officer’s law enforcement agency; sewage 31 services for nonresidential commercial operations; sewing 32 and stitching; shoe repair and shoeshine; sign construction 33 and installation; storage of household goods, mini-storage, 34 and warehousing of raw agricultural products; swimming pool 35 -23- LSB 1681XL (10) 87 tr/rh 23/ 82
S.F. _____ H.F. _____ cleaning and maintenance; tanning beds or salons; taxidermy 1 services; telephone answering service; test laboratories, 2 including mobile testing laboratories and field testing by 3 testing laboratories, and excluding tests on humans or animals 4 and excluding environmental testing services; termite, bug, 5 roach, and pest eradicators; tin and sheet metal repair; 6 transportation service consisting of the rental of recreational 7 vehicles or recreational boats, or the rental of vehicles 8 subject to registration which are registered for a gross 9 weight of thirteen tons or less for a period of sixty days or 10 less, or the rental of aircraft for a period of sixty days or 11 less; Turkish baths, massage, and reducing salons , excluding 12 services provided by massage therapists licensed under chapter 13 152C ; water conditioning and softening; weighing; welding; 14 well drilling; wrapping, packing, and packaging of merchandise 15 other than processed meat, fish, fowl, and vegetables; wrecking 16 service; wrecker and towing. 17 Sec. 80. Section 489.1101, subsection 4, Code 2017, is 18 amended to read as follows: 19 4. “Profession” means the profession of certified public 20 accountancy, architecture, chiropractic, dentistry, physical 21 therapy, practice as a physician assistant, psychology, 22 professional engineering, land surveying, landscape 23 architecture, law, medicine and surgery, optometry, osteopathic 24 medicine and surgery, accounting practitioner, podiatry, real 25 estate brokerage, speech pathology, audiology, veterinary 26 medicine, pharmacy, or nursing , or marital and family therapy, 27 provided that the marital and family therapist is licensed 28 under chapters 147 and 154D . 29 Sec. 81. Section 496C.2, subsection 4, Code 2017, is amended 30 to read as follows: 31 4. “Profession” means the profession of certified public 32 accountancy, architecture, chiropractic, dentistry, physical 33 therapy, practice as a physician assistant, psychology, 34 professional engineering, land surveying, landscape 35 -24- LSB 1681XL (10) 87 tr/rh 24/ 82
S.F. _____ H.F. _____ architecture, law, medicine and surgery, optometry, osteopathic 1 medicine and surgery, accounting practitioner, podiatry, real 2 estate brokerage, speech pathology, audiology, veterinary 3 medicine, pharmacy, and the practice of nursing. 4 Sec. 82. Section 514C.28, subsection 2, paragraph i, Code 5 2017, is amended to read as follows: 6 i. “Therapeutic care” means services provided by a licensed 7 registered speech pathologist, licensed occupational therapist, 8 or licensed physical therapist. 9 Sec. 83. Section 514C.28, subsection 2, paragraph j, 10 subparagraph (1), Code 2017, is amended to read as follows: 11 (1) Prescribed, ordered, or provided by a licensed 12 physician, licensed physician assistant, licensed psychologist, 13 licensed social worker, or licensed registered nurse 14 practitioner. 15 Sec. 84. Section 514C.30, subsection 1, Code 2017, is 16 amended to read as follows: 17 1. Notwithstanding the uniformity of treatment requirements 18 of section 514C.6 , a policy, contract, or plan providing 19 for third-party payment or prepayment of health or medical 20 expenses shall not impose a copayment or coinsurance amount 21 on an insured for services provided by a physical therapist 22 licensed pursuant to chapter 148A , by an occupational therapist 23 licensed pursuant to chapter 148B , or by a speech pathologist 24 licensed registered pursuant to chapter 154F that is greater 25 than the copayment or coinsurance amount imposed on the insured 26 for services provided by a person engaged in the practice of 27 medicine and surgery or osteopathic medicine and surgery under 28 chapter 148 for the same or a similar diagnosed condition even 29 if a different nomenclature is used to describe the condition 30 for which the services are provided. 31 Sec. 85. Section 523A.302, Code 2017, is amended to read as 32 follows: 33 523A.302 Identification of merchandise and service provider. 34 If a burial trust fund identifies, either in the trust fund 35 -25- LSB 1681XL (10) 87 tr/rh 25/ 82
S.F. _____ H.F. _____ records or in a related purchase agreement, the seller who will 1 provide the cemetery merchandise, funeral merchandise, funeral 2 services, or a combination thereof, the trust fund records 3 or the related purchase agreements must contain a statement 4 signed by an authorized representative of the seller agreeing 5 to furnish the cemetery merchandise, funeral merchandise, 6 funeral services, or a combination thereof upon the death of 7 the beneficiary. The burial trust fund shall not identify a 8 specific seller as payee unless the trust fund records or the 9 related purchase agreements, if any, contain the signature 10 of an authorized representative of the seller and, if the 11 agreement is for mortuary science services as mortuary science 12 is defined in section 156.1 , the name of a funeral director 13 licensed registered to deliver those services. A person 14 may enter into agreements authorizing the establishment of 15 more than one burial trust fund and agreeing to furnish the 16 applicable merchandise and services. 17 Sec. 86. Section 523A.502, subsections 2 and 6, Code 2017, 18 are amended to read as follows: 19 2. This chapter does not permit a person to practice 20 mortuary science without a license registering pursuant to 21 chapter 156 . A person holding a current sales license may 22 advertise, sell, promote, or offer to furnish a funeral 23 director’s services as an employee or agent of a funeral 24 establishment furnishing the funeral services under chapter 25 156 . 26 6. A sales agent licensed pursuant to this section shall 27 satisfactorily fulfill continuing education requirements 28 for the license as prescribed by the commissioner by rule. 29 However, this continuing education requirement is not 30 applicable to a sales agent who is also a licensed insurance 31 producer under chapter 522B or a licensed funeral director 32 under chapter 156 . 33 Sec. 87. Section 523A.601, subsection 4, Code 2017, is 34 amended to read as follows: 35 -26- LSB 1681XL (10) 87 tr/rh 26/ 82
S.F. _____ H.F. _____ 4. A purchase agreement shall be signed by the purchaser, 1 the seller, and if the agreement is for mortuary science 2 services as mortuary science is defined in section 156.1 , a 3 person licensed registered to deliver funeral services. 4 Sec. 88. Section 523A.813, Code 2017, is amended to read as 5 follows: 6 523A.813 License revocation —— recommendation by commissioner 7 to board of mortuary science. 8 Upon a determination by the commissioner that grounds exist 9 for an administrative license revocation or suspension action 10 as adopted by the board of mortuary science under chapter 11 156 department of public health by rule , the commissioner 12 may forward to the board department the grounds for the 13 determination, including all evidence in the possession of the 14 commissioner, so that the board department may proceed with the 15 matter as deemed appropriate. 16 Sec. 89. Section 523I.303, Code 2017, is amended to read as 17 follows: 18 523I.303 Access by funeral directors. 19 A cemetery shall not deny access to a licensed registered 20 funeral director who is conducting funeral services or 21 supervising the interment or disinterment of human remains. 22 Sec. 90. Section 546.10, subsection 1, paragraph f, Code 23 2017, is amended by striking the paragraph. 24 Sec. 91. Section 546.10, subsection 5, Code 2017, is amended 25 to read as follows: 26 5. Fees collected under chapters 542 , 542B , 543B , 544A , 27 and 544B , and 544C shall be paid to the treasurer of state 28 and credited to the general fund of the state. All expenses 29 required in the discharge of the duties and responsibilities 30 imposed upon the professional licensing and regulation bureau 31 of the banking division of the department of commerce, the 32 administrator, and the licensing boards by the laws of this 33 state shall be paid from moneys appropriated by the general 34 assembly for those purposes. All fees deposited into the 35 -27- LSB 1681XL (10) 87 tr/rh 27/ 82
S.F. _____ H.F. _____ general fund of the state, as provided in this subsection , 1 shall be subject to the requirements of section 8.60 . 2 Sec. 92. Section 622.10, subsection 7, Code 2017, is amended 3 to read as follows: 4 7. For the purposes of this section , “mental health 5 professional” means a psychologist licensed under chapter 154B , 6 a registered nurse licensed under chapter 152 , a social worker 7 licensed registered under chapter 154C , a marital and family 8 therapist licensed registered under chapter 154D , a mental 9 health counselor licensed registered under chapter 154D , or 10 an individual holding at least a master’s degree in a related 11 field as deemed appropriate by the board of behavioral science 12 department of public health . 13 Sec. 93. Section 714.18, subsection 2, unnumbered paragraph 14 1, Code 2017, is amended to read as follows: 15 A school licensed under the provisions of section 157.8 or 16 158.7 shall file with the college student aid commission the 17 following: 18 Sec. 94. Section 714.25, subsection 2, unnumbered paragraph 19 1, Code 2017, is amended to read as follows: 20 A proprietary school shall, prior to the time a student is 21 obligated for payment of any moneys, inform the student, the 22 college student aid commission, and in the case of a school 23 licensed under section 157.8 , the board of cosmetology arts 24 and sciences or in the case of a school licensed under section 25 158.7 , the board of barbering, of all of the following: 26 Sec. 95. Section 714H.4, subsection 1, paragraph a, 27 subparagraph (4), Code 2017, is amended to read as follows: 28 (4) Persons or facilities licensed, certified, or 29 registered under chapters 135B , 135C , 135J , 148 , 148A , 148B , 30 148C , 149 , 151 , 152 , 152A , 152B , 153 , 154 , 154B , 154C , 154D , 31 155A , 156 , 169 , 522B , 542 , 542B , 543B , 544A , or 544B . 32 Sec. 96. Section 915.82, subsection 1, paragraph a, 33 subparagraph (7), Code 2017, is amended to read as follows: 34 (7) A person licensed or registered pursuant to chapter 154B 35 -28- LSB 1681XL (10) 87 tr/rh 28/ 82
S.F. _____ H.F. _____ or 154C . 1 Sec. 97. REPEAL. Chapters 148F, 148G, 152B, 152C, 152D, 2 154A, 158, and 544C, Code 2017, are repealed. 3 Sec. 98. REPEAL. Sections 154C.2, 154C.3, 154C.4, 154C.5, 4 154C.6, 154D.2, 154D.3, 154D.5, 154D.7, 154F.3, 154F.4, 154F.5, 5 154F.6, 156.3, 156.8, 156.8A, 156.9, 156.14, 156.15, 156.16, 6 216E.7, and 272C.2B, Code 2017, are repealed. 7 Sec. 99. TRANSITION PROVISIONS. 8 1. Any rule, regulation, form, order, or directive 9 promulgated by the board of dietetics, behavioral science, 10 social work, or mortuary science as required to administer and 11 enforce the provisions of chapters 152A, 154C, 154D, and 156, 12 Code 2017, in effect on the effective date of this division 13 of this Act shall continue in full force and effect until 14 amended, repealed, or supplemented by affirmative action of the 15 department of public health. 16 2. Any moneys remaining in any account or fund under the 17 control of the board of dietetics, the board of behavioral 18 science, the board of social work, or the board of mortuary 19 science on the effective date of this division of this Act 20 and relating to the provisions of this division of this Act 21 shall be transferred to a comparable fund or account under the 22 control of the department of public health for such purposes. 23 Notwithstanding section 8.33, the moneys transferred in 24 accordance with this subsection shall not revert to the account 25 or fund from which appropriated or transferred. 26 3. The board of dietetics, the board of behavioral science, 27 the board of social work, and the board of mortuary science 28 shall assist the department of public health in implementing 29 this division of this Act by providing for an effective 30 transition of powers and duties from the respective board to 31 the department under chapters 152A, 154C, 154D, and 156 and 32 related administrative rules. Such assistance shall include 33 but is not limited to assisting in cooperating with federal 34 agencies. 35 -29- LSB 1681XL (10) 87 tr/rh 29/ 82
S.F. _____ H.F. _____ 4. Any replacement of signs, logos, stationery, insignia, 1 uniforms, and related items that is made due to the effect of 2 this division of this Act shall be done as part of the normal 3 replacement cycle for such items. 4 5. A person licensed by the board of dietetics, behavioral 5 science, social work, or mortuary science on the effective date 6 of this division of this Act shall immediately be registered to 7 practice the person’s profession by the department of public 8 health in accordance with this division of this Act. 9 6. An administrative hearing or court proceeding arising 10 out of an enforcement action under chapter 152A, 154C, 154D, or 11 156 or related administrative rules pending on the effective 12 date of this division of this Act shall not be affected by 13 this division of this Act. Any cause of action or statute 14 of limitation relating to an action taken by the board of 15 dietetics, the board of behavioral science, the board of social 16 work, or the board of mortuary science shall not be affected by 17 this division of this Act and such cause of action or statute 18 of limitation shall apply to the department of public health. 19 7. Any moneys remaining in any account or fund under the 20 control of the board of respiratory care and polysomnography, 21 the board of massage therapy, the board of hearing aid 22 specialists, the board of barbering, or the interior design 23 examining board on the effective date of this division of this 24 Act and relating to the provisions of this division of this Act 25 shall be transferred to the general fund. 26 8. An administrative hearing or court proceeding arising 27 out of an enforcement action under chapter 148F, 148G, 152B, 28 152C, 154A, or 158 or related administrative rules pending on 29 the effective date of this division of this Act shall not be 30 affected by this division of this Act. Any cause of action or 31 statute of limitation relating to an action taken by the board 32 of respiratory care and polysomnography, the board of massage 33 therapy, the board of hearing aid specialists, the board of 34 barbering, or the interior design examining board shall not be 35 -30- LSB 1681XL (10) 87 tr/rh 30/ 82
S.F. _____ H.F. _____ affected by this division of this Act. 1 9. Any rule, regulation, form, order, or directive 2 promulgated by the board of athletic training as required to 3 administer and enforce the provisions of chapter 152D, Code 4 2017, shall continue in full force and effect until amended, 5 repealed, or supplemented by affirmative action of the board of 6 educational examiners. 7 10. Any moneys remaining in any account or fund under the 8 control of the board of athletic training on the effective date 9 of this division of this Act and relating to the provisions of 10 this division of this Act shall be transferred to a comparable 11 fund or account under the control of the board of educational 12 examiners for such purposes. Notwithstanding section 8.33, the 13 moneys transferred in accordance with this subsection shall 14 not revert to the account or fund from which appropriated or 15 transferred. 16 11. The board of athletic training shall assist the board 17 of educational examiners in implementing this division of 18 this Act by providing for an effective transition of powers 19 and duties between the boards under chapter 152D and related 20 administrative rules. Such assistance shall include but is not 21 limited to assisting in cooperating with federal agencies. 22 12. A person licensed by the board of athletic training 23 on the effective date of this division of this Act shall 24 immediately be registered to practice the person’s profession 25 by the board of educational examiners in accordance with this 26 division of this Act. 27 13. An administrative hearing or court proceeding arising 28 out of an enforcement action under chapter 152D or related 29 administrative rules pending on the effective date of this 30 division of this Act shall not be affected by this division 31 of this Act. Any cause of action or statute of limitation 32 relating to an action taken by the board of athletic training 33 shall not be affected by this division of this Act and such 34 cause of action or statute of limitation shall apply to the 35 -31- LSB 1681XL (10) 87 tr/rh 31/ 82
S.F. _____ H.F. _____ board of educational examiners. 1 14. Any rule, regulation, form, order, or directive 2 promulgated by the board of speech pathology and audiology as 3 required to administer and enforce the provisions of chapter 4 154F, Code 2017, shall continue in full force and effect until 5 amended, repealed, or supplemented by affirmative action of the 6 board of medicine. 7 15. Any moneys remaining in any account or fund under the 8 control of the board of speech pathology and audiology on the 9 effective date of this division of this Act and relating to the 10 provisions of this division of this Act shall be transferred 11 to a comparable fund or account under the control of the board 12 of medicine for such purposes. Notwithstanding section 8.33, 13 the moneys transferred in accordance with this subsection shall 14 not revert to the account or fund from which appropriated or 15 transferred. 16 16. The board of speech pathology and audiology shall 17 assist the board of medicine in implementing this division of 18 this Act by providing for an effective transition of powers 19 and duties between the boards under chapter 154F and related 20 administrative rules. Such assistance shall include but is not 21 limited to assisting in cooperating with federal agencies. 22 17. A person licensed by the board of speech pathology 23 and audiology on the effective date of this division of this 24 Act shall immediately be registered to practice the person’s 25 profession by the board of medicine in accordance with this 26 division of this Act. 27 18. An administrative hearing or court proceeding arising 28 out of an enforcement action under chapter 152F or related 29 administrative rules pending on the effective date of this 30 division of this Act shall not be affected by this division 31 of this Act. Any cause of action or statute of limitation 32 relating to an action taken by the board of speech pathology 33 and audiology shall not be affected by this division of this 34 Act and such cause of action or statute of limitation shall 35 -32- LSB 1681XL (10) 87 tr/rh 32/ 82
S.F. _____ H.F. _____ apply to the board of medicine. 1 DIVISION III 2 REPEAL OF STATE ADVISORY BOARD FOR PRESERVES 3 Sec. 100. Section 455A.8, subsections 1 and 2, Code 2017, 4 are amended to read as follows: 5 1. a. The Brushy creek recreation trails advisory board 6 shall be organized within the department and shall be composed 7 of nine eight voting members and one ex officio nonvoting 8 member as follows: 9 (1) The director of the department or the director’s 10 designee who shall serve as the nonvoting ex officio member. 11 (2) The park employee who is primarily responsible for 12 maintenance of the Brushy creek recreation area. 13 (3) A member of the state advisory board for preserves 14 established under chapter 465C . 15 (4) Seven persons appointed by the natural resource 16 commission. 17 b. The director shall provide the natural resource 18 commission with nominations of prospective board members. 19 Each person appointed by the natural resource commission must 20 actively participate in recreational trail activities such 21 as hiking, bicycling, an equestrian sport, or a winter sport 22 at the Brushy creek recreation area. The nine eight voting 23 members shall elect a chairperson at the board’s first meeting 24 each year. 25 2. Each voting member of the board shall serve for terms 26 of three years, and shall be eligible for reappointment. A 27 vacancy on the board shall be filled for the remainder of the 28 original term. However, a vacancy in the membership slot 29 designated for the park employee shall be filled by the park 30 employee’s successor , and the person representing the state 31 advisory board for preserves shall serve at the pleasure of the 32 board . The department shall reimburse each member, other than 33 the director or the director’s designee and the park employee, 34 for actual expenses incurred by the member in performance 35 -33- LSB 1681XL (10) 87 tr/rh 33/ 82
S.F. _____ H.F. _____ of the duties of the board. A majority of voting members 1 constitutes a quorum, and the affirmative vote of a majority 2 present is necessary for any action taken by the board, except 3 that a lesser number may adjourn a meeting. A vacancy in the 4 membership of the board does not impair the rights of a quorum 5 to exercise all rights and perform all duties of the board. 6 The board shall meet as required, but at least twice a year. 7 The board shall meet upon call of the chairperson, or upon 8 written request of three members of the board. Written notice 9 of the time and place of the meeting shall be given to each 10 member. 11 Sec. 101. Section 461A.42, subsection 1, paragraph a, Code 12 2017, is amended to read as follows: 13 a. A firearm or other weapon authorized for hunting may be 14 used in preserves or parts of preserves designated by the state 15 advisory board on preserves at the request of the commission. 16 Sec. 102. Section 465C.1, subsection 2, Code 2017, is 17 amended by striking the subsection. 18 Sec. 103. Section 465C.1, subsection 4, Code 2017, is 19 amended to read as follows: 20 4. “Dedication” means the allocation of an area as a 21 preserve by a public agency or by a private owner by written 22 stipulation in a form approved by the state advisory board for 23 preserves commission . 24 Sec. 104. Section 465C.9, Code 2017, is amended to read as 25 follows: 26 465C.9 Articles of dedication. 27 1. The public agency or private owner shall complete 28 articles of dedication on forms approved by the board 29 commission . When the articles of dedication have been approved 30 by the governor, the board commission shall record them with 31 the county recorder for the county or counties in which the 32 area is located. 33 2. The articles of dedication may contain restrictions 34 on development, sale, transfer, method of management, public 35 -34- LSB 1681XL (10) 87 tr/rh 34/ 82
S.F. _____ H.F. _____ access, and commercial or other use, and may contain such other 1 provisions as may be necessary to further the purposes of this 2 chapter . They may define the respective jurisdictions of the 3 owner or operating agency and the board commission . They may 4 provide procedures to be applied in case of violation of the 5 dedication. They may recognize reversionary rights. They may 6 vary in provisions from one preserve to another in accordance 7 with differences in relative conditions. 8 Sec. 105. Section 465C.10, Code 2017, is amended to read as 9 follows: 10 465C.10 When dedicated as a preserve. 11 An area shall become a preserve when it has been approved by 12 the board commission for dedication as a preserve, whether in 13 public or private ownership, formally dedicated as a preserve 14 within the system by a public agency or private owner and 15 designated by the governor as a preserve. 16 Sec. 106. Section 465C.11, Code 2017, is amended to read as 17 follows: 18 465C.11 Area held in trust. 19 1. An area designated as a preserve within the system is 20 hereby declared put to its highest, best, and most important 21 use for public benefit. It shall be held in trust and shall not 22 be alienated except to another public use upon a finding by the 23 board commission of imperative and unavoidable public necessity 24 and with the approval of the commission , the general assembly 25 by concurrent resolution, and the governor. The board’s 26 commission’s interest or interests in any area designated as a 27 preserve shall not be taken under the condemnation statutes of 28 this state without such a finding of imperative and unavoidable 29 public necessity by the board commission , and with the 30 consent of the commission, the general assembly by concurrent 31 resolution, and the governor. 32 2. The board commission , with the approval of the governor, 33 may enter into amendments to any articles of dedication upon 34 its finding that such amendment will not permit an impairment, 35 -35- LSB 1681XL (10) 87 tr/rh 35/ 82
S.F. _____ H.F. _____ disturbance, or development of the area inconsistent with the 1 purposes of this chapter . 2 3. Before the board commission shall make a finding of 3 imperative and unavoidable public necessity, or shall enter 4 into any amendment to articles of dedication, it shall provide 5 notice of such proposal and opportunity for any person to be 6 heard. Such notice shall be published at least once in a 7 newspaper with a general circulation in the county or counties 8 wherein the area directly affected is situated, and mailed 9 within ten days of such published notice to all persons who 10 have requested notice of all such proposed actions. Each 11 notice shall set forth the substance of the proposed action and 12 describe, with or without legal description, the area affected, 13 and shall set forth a place and time not less than sixty days 14 thence for all persons desiring to be heard to have reasonable 15 opportunity to be heard prior to the finding of the board 16 commission . 17 Sec. 107. REPEAL. Sections 465C.2, 465C.3, 465C.4, 465C.5, 18 465C.6, 465C.7, and 465C.8, Code 2017, are repealed. 19 Sec. 108. TRANSITION PROVISIONS. 20 1. Any rule, regulation, form, order, or directive 21 promulgated by the state advisory board for preserves as 22 required to administer and enforce the provisions of chapter 23 465C, Code 2017, shall continue in full force and effect until 24 amended, repealed, or supplemented by affirmative action of the 25 natural resource commission. 26 2. Any moneys remaining in any account or fund under the 27 control of the state advisory board for preserves on the 28 effective date of this division of this Act and relating 29 to the provisions of this division of this Act shall be 30 transferred to a comparable fund or account under the control 31 of the department of natural resources for such purposes. 32 Notwithstanding section 8.33, the moneys transferred in 33 accordance with this subsection shall not revert to the account 34 or fund from which appropriated or transferred. 35 -36- LSB 1681XL (10) 87 tr/rh 36/ 82
S.F. _____ H.F. _____ DIVISION IV 1 MERGING ELECTRICAL EXAMINING BOARD AND PLUMBING AND MECHANICAL 2 SYSTEMS BOARD —— ADVISORY COUNCIL 3 Sec. 109. Section 100C.10, subsection 3, Code 2017, is 4 amended to read as follows: 5 3. The state fire marshal, or the state fire marshal’s 6 designee, and the chairperson of the electrical examining 7 board , plumbing, and mechanical systems advisory council 8 created in section 103.2 shall be nonvoting ex officio members 9 of the board. 10 Sec. 110. Section 103.1, subsections 1, 2, 3, 4, 7, 10, 17, 11 and 18, Code 2017, are amended to read as follows: 12 1. “Apprentice electrician” means any person who, as such 13 person’s principal occupation, is engaged in learning and 14 assisting in the installation, alteration, and repair of 15 electrical wiring, apparatus, and equipment as an employee of 16 a person licensed under this chapter , and who is licensed by 17 the board department and is progressing toward completion of 18 an apprenticeship training program registered by the office 19 of apprenticeship of the United States department of labor. 20 For purposes of this chapter , persons who are not engaged in 21 the installation, alteration, or repair of electrical wiring, 22 apparatus, and equipment, either inside or outside buildings, 23 shall not be considered apprentice electricians. 24 2. “Board” “Council” means the electrical examining board , 25 plumbing, and mechanical systems advisory council created under 26 section 103.2 . 27 3. “Class A journeyman electrician” means a person 28 having the necessary qualifications, training, experience, 29 and technical knowledge to wire for or install electrical 30 wiring, apparatus, and equipment and to supervise apprentice 31 electricians and who is licensed by the board department . 32 4. “Class A master electrician” means a person having the 33 necessary qualifications, training, experience, and technical 34 knowledge to properly plan, lay out, and supervise the 35 -37- LSB 1681XL (10) 87 tr/rh 37/ 82
S.F. _____ H.F. _____ installation of electrical wiring, apparatus, and equipment for 1 light, heat, power, and other purposes and who is licensed by 2 the board department . 3 7. “Electrical contractor” means a person affiliated with 4 an electrical contracting firm or business who is, or who 5 employs a person who is, licensed by the board department as 6 either a class A or class B master electrician and who is also 7 registered with the state of Iowa as a contractor pursuant to 8 chapter 91C . 9 10. “Inspector” means a person certified as an electrical 10 inspector upon such reasonable conditions as may be adopted by 11 the board department . The board department may permit more 12 than one class of electrical inspector. 13 17. “Special electrician” means a person having the 14 necessary qualifications, training, and experience in wiring 15 or installing special classes of electrical wiring, apparatus, 16 equipment, or installations which shall include irrigation 17 system wiring, disconnecting and reconnecting of existing air 18 conditioning and refrigeration, and sign installation and who 19 is licensed by the board department . 20 18. “Unclassified person” means any person, other than an 21 apprentice electrician or other person licensed under this 22 chapter , who, as such person’s principal occupation, is engaged 23 in learning and assisting in the installation, alteration, and 24 repair of electrical wiring, apparatus, and equipment as an 25 employee of a person licensed under this chapter , and who is 26 licensed by the board department as an unclassified person. 27 For purposes of this chapter , persons who are not engaged in 28 the installation, alteration, or repair of electrical wiring, 29 apparatus, and equipment, either inside or outside buildings, 30 shall not be considered unclassified persons. 31 Sec. 111. Section 103.1, Code 2017, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 6A. “Department” means the department of 34 public safety created under chapter 80. 35 -38- LSB 1681XL (10) 87 tr/rh 38/ 82
S.F. _____ H.F. _____ Sec. 112. Section 103.2, Code 2017, is amended to read as 1 follows: 2 103.2 Electrical examining board , plumbing, and mechanical 3 systems advisory council created. 4 1. An electrical examining board , plumbing, and mechanical 5 systems advisory council is created within the division of 6 state fire marshal of the department of public safety. The 7 board council shall consist of eleven ten voting members 8 appointed by the governor and subject to senate confirmation 9 department , all of whom shall be residents of this state. 10 2. The members shall be as follows: 11 a. Two Four members shall be journeyman electricians, 12 one a member of an electrical workers union covered under a 13 collective bargaining agreement and one not a member of a union 14 electricians licensed by the department . 15 b. Two Four members shall be master electricians or 16 electrical contractors, one of whom is a contractor signed to a 17 collective bargaining agreement or a master electrician covered 18 under a collective bargaining agreement and one of whom is a 19 contractor not signed to a collective bargaining agreement or 20 a master electrician who is not a member of a union plumbers 21 licensed by the department under chapter 105 . 22 c. One member shall be an electrical inspector. 23 d. Two members , one a union member covered under a 24 collective bargaining agreement and one who is not a member 25 of a union, each of whom shall not be a member of any of the 26 groups described in paragraphs “a” through “c” , and shall not 27 licensed as an electrician or a plumber and who shall represent 28 the general public. 29 e. One member shall be the state fire marshal or a 30 representative of the state fire marshal’s office. 31 f. One member shall be a local building official employed 32 by a political subdivision to perform electrical inspections 33 for that political subdivision. 34 g. One member shall represent a public utility. 35 -39- LSB 1681XL (10) 87 tr/rh 39/ 82
S.F. _____ H.F. _____ h. One member shall be an engineer licensed pursuant to 1 chapter 542B with a background in electrical engineering. 2 3. The public members of the board shall be allowed to 3 participate in administrative, clerical, or ministerial 4 functions incident to giving a licensure examination, but shall 5 not determine the content of the examination or determine the 6 correctness of the answers. Professional associations or 7 societies composed of licensed electricians may recommend to 8 the governor department the names of potential board council 9 members whose profession is representative of that association 10 or society. However, the governor department is not bound 11 by the recommendations. A board council member shall not 12 be required to be a member of any professional electrician 13 association or society. 14 Sec. 113. Section 103.3, subsections 1 and 2, Code 2017, are 15 amended to read as follows: 16 1. Appointments to the board, other than the state fire 17 marshal or a representative of the state fire marshal’s office, 18 council shall be for three-year staggered terms and shall 19 commence and end as provided by section 69.19 . The most 20 recently appointed state fire marshal, or a representative of 21 the state fire marshal’s office, shall be appointed to the 22 board on an ongoing basis. Vacancies shall be filled for the 23 unexpired term by appointment of the governor and shall be 24 subject to senate confirmation. Members shall serve no more 25 than three terms or nine years, whichever is least. 26 2. Members of the board council are entitled to receive 27 all actual expenses incurred in the discharge of their duties 28 within the limits of funds appropriated to the board. Each 29 member of the board may also be eligible to receive council but 30 shall serve without compensation as provided in section 7E.6 . 31 Sec. 114. Section 103.3, subsection 3, Code 2017, is amended 32 by striking the subsection. 33 Sec. 115. Section 103.4, Code 2017, is amended to read as 34 follows: 35 -40- LSB 1681XL (10) 87 tr/rh 40/ 82
S.F. _____ H.F. _____ 103.4 Organization of the board council . 1 The board council shall elect annually from its members a 2 chairperson and a vice chairperson , and shall hire and provide 3 staff to assist the board in administering this chapter . An 4 executive secretary designated by the board council shall 5 report to the state fire marshal for purposes of routine 6 board council administrative functions , and shall report 7 directly to the board for purposes of execution of board policy 8 such as application of licensing criteria and processing of 9 applications . The board council shall hold at least one 10 meeting quarterly at the location of the board’s department’s 11 principal office, and meetings shall be called at other times 12 by the chairperson or four members of the board council . 13 At any meeting of the board council , a majority of members 14 constitutes a quorum. 15 Sec. 116. Section 103.6, Code 2017, is amended to read as 16 follows: 17 103.6 Powers and duties. 18 1. The board department shall: 19 a. Adopt rules pursuant to chapter 17A and in doing so 20 shall be governed by the minimum standards set forth in the 21 most current publication of the national electrical code issued 22 and adopted by the national fire protection association, and 23 amendments to the code, which code and amendments shall be 24 filed in the offices of the state law library and the board 25 department and shall be a public record. The board department 26 shall adopt rules reflecting updates to the code and amendments 27 to the code. The board department shall promulgate and adopt 28 rules establishing wiring standards that protect public safety 29 and health and property and that apply to all electrical wiring 30 which is installed subject to this chapter . 31 b. Revoke, suspend, or refuse to renew any license granted 32 pursuant to this chapter when the licensee does any of the 33 following: 34 (1) Fails or refuses to pay any examination, license, or 35 -41- LSB 1681XL (10) 87 tr/rh 41/ 82
S.F. _____ H.F. _____ renewal fee required by law. 1 (2) Is an electrical contractor and fails or refuses to 2 provide and keep in force a public liability insurance policy 3 and surety bond as required by the board department . 4 (3) Violates any political subdivision’s inspection 5 ordinances. 6 c. Adopt rules for continuing education requirements for 7 each classification of licensure established pursuant to this 8 chapter , and adopt all rules, not inconsistent with the law, 9 necessary for the proper performance of the duties of the board 10 department . 11 d. Provide for the amount and collection of fees for 12 inspection and other services. 13 e. Adopt all rules necessary to carry out the licensing and 14 other provisions of chapter 105. 15 2. The board department may, in its discretion, revoke, 16 suspend, or refuse to renew any license granted pursuant to 17 this chapter when the licensee violates any provision of the 18 national electrical code as adopted pursuant to subsection 1 , 19 this chapter , or any rule adopted pursuant to this chapter . 20 3. The department shall seek input as needed from the 21 council to address the duties of the department as set forth in 22 this section. 23 Sec. 117. Section 103.7, Code 2017, is amended to read as 24 follows: 25 103.7 Electrician and installer licensing and inspection 26 fund. 27 An electrician and installer licensing and inspection fund 28 is created in the state treasury as a separate fund under the 29 control of the board department . All licensing, examination, 30 renewal, and inspection fees shall be deposited into the fund 31 and retained by and for the use of the board department in 32 administering this chapter and chapter 105 . Expenditures 33 from the fund shall be approved by the sole authority of the 34 board department in consultation with the state fire marshal. 35 -42- LSB 1681XL (10) 87 tr/rh 42/ 82
S.F. _____ H.F. _____ Amounts deposited into the fund shall be considered repayment 1 receipts as defined in section 8.2 . Notwithstanding section 2 8.33 , any balance in the fund on June 30 of each fiscal year 3 shall not revert to the general fund of the state, but shall 4 remain available for the purposes of this chapter in subsequent 5 fiscal years. Notwithstanding section 12C.7, subsection 2 , 6 interest or earnings on moneys deposited in the fund shall be 7 credited to the fund. 8 Sec. 118. Section 103.8, subsection 2, Code 2017, is amended 9 to read as follows: 10 2. Except as provided in sections 103.13 and 103.14 , no 11 person shall, for another, plan, lay out, or supervise the 12 installation of wiring, apparatus, or equipment for electrical 13 light, heat, power, and other purposes unless the person is 14 licensed by the board department as an electrical contractor, a 15 class A master electrician, or a class B master electrician. 16 Sec. 119. Section 103.10, Code 2017, is amended to read as 17 follows: 18 103.10 Class A master electrician license —— qualifications 19 —— class B master electrician license. 20 1. An applicant for a class A master electrician license 21 shall have at least one year’s experience, acceptable to the 22 board department , as a licensed class A or class B journeyman 23 electrician. 24 2. In addition, an applicant shall meet examination 25 criteria based upon the most recent national electrical code 26 adopted pursuant to section 103.6 and upon electrical theory, 27 as determined by the board department . 28 3. a. An applicant who can provide proof acceptable to 29 the board department that the applicant has been working in 30 the electrical business and involved in planning for, laying 31 out, supervising, and installing electrical wiring, apparatus, 32 or equipment for light, heat, and power since January 1, 1998, 33 and for a total of at least sixteen thousand hours, of which at 34 least eight thousand hours shall have been accumulated since 35 -43- LSB 1681XL (10) 87 tr/rh 43/ 82
S.F. _____ H.F. _____ January 1, 1998, may be granted a class B master electrician 1 license without taking an examination. An applicant who is 2 issued a class B master electrician license pursuant to this 3 section shall not be authorized to plan, lay out, or supervise 4 the installation of electrical wiring, apparatus, and equipment 5 in a political subdivision which, prior to or after January 1, 6 2008, establishes licensing standards which preclude such work 7 by class B master electricians in the political subdivision. 8 The board department shall adopt rules establishing procedures 9 relating to the restriction of a class B master electrician 10 license pursuant to this subsection . 11 b. A class B master electrician may become licensed as 12 a class A master electrician upon successful passage of the 13 examination prescribed in subsection 2 . 14 4. A person licensed to plan, lay out, or supervise the 15 installation of electrical wiring, apparatus, or equipment for 16 light, heat, power, and other purposes and supervise apprentice 17 electricians by a political subdivision preceding January 1, 18 2008, pursuant to a supervised written examination, and who 19 is currently engaged in the electrical contracting industry, 20 shall be issued an applicable statewide license corresponding 21 to that licensure as a class A master electrician or electrical 22 contractor. The board department shall adopt by rule certain 23 criteria for city examination standards satisfactory to fulfill 24 this requirement. 25 5. The board department may reject an application for 26 licensure under this section from an applicant who would be 27 subject to suspension, revocation, or reprimand pursuant to 28 section 103.35 . 29 Sec. 120. Section 103.10A, Code 2017, is amended to read as 30 follows: 31 103.10A Inactive master electrician license. 32 The board department may by rule create an inactive 33 master electrician license and establish a fee for such a 34 license. An applicant for an inactive master electrician 35 -44- LSB 1681XL (10) 87 tr/rh 44/ 82
S.F. _____ H.F. _____ license shall, at a minimum, meet the requirements of this 1 chapter and requirements established by the board department 2 by rule for licensure as a class A master electrician or a 3 class B master electrician. A person licensed as an inactive 4 master electrician shall not be authorized to act as a master 5 electrician, but shall be authorized to apply for a class A 6 master electrician license or a class B master electrician 7 license at a future date subject to conditions and under 8 procedures established by the board department by rule. The 9 conditions and procedures shall include but not be limited 10 to completion of the required number of contact hours of 11 continuing education courses specified in section 103.18 , and 12 paying the applicable license fee specified in section 103.19 13 for a class A master electrician license or class B master 14 electrician license. 15 Sec. 121. Section 103.11, Code 2017, is amended to read as 16 follows: 17 103.11 Wiring or installing —— supervising apprentices —— 18 license required —— qualifications. 19 Except as provided in section 103.13 , no person shall, for 20 another, wire for or install electrical wiring, apparatus, 21 or equipment, or supervise an apprentice electrician or 22 unclassified person, unless the person is licensed by the 23 board department as an electrical contractor, a class A master 24 electrician, or a class B master electrician, or is licensed 25 as a class A journeyman electrician or a class B journeyman 26 electrician and is employed by an electrical contractor or is 27 working under the supervision of a class A master electrician 28 or a class B master electrician. 29 Sec. 122. Section 103.12, Code 2017, is amended to read as 30 follows: 31 103.12 Class A journeyman electrician license qualifications 32 —— class B journeyman electrician license. 33 1. An applicant for a class A journeyman electrician 34 license shall have successfully completed an apprenticeship 35 -45- LSB 1681XL (10) 87 tr/rh 45/ 82
S.F. _____ H.F. _____ training program registered by the office of apprenticeship 1 of the United States department of labor in accordance with 2 the standards established by that department or shall have 3 received training or experience for a period of time and under 4 conditions as established by the board department by rule. 5 2. In addition, an applicant shall meet examination 6 criteria based upon the most recent national electrical code 7 adopted pursuant to section 103.6 and upon electrical theory, 8 as determined by the board department . 9 3. a. An applicant who can provide proof acceptable to 10 the board department that the applicant has been employed as a 11 journeyman electrician since January 1, 1998, and for a total 12 of at least sixteen thousand hours, of which at least eight 13 thousand hours shall have been accumulated since January 1, 14 1998, may be granted a class B journeyman electrician license 15 without taking an examination. An applicant who is issued a 16 class B journeyman electrician license pursuant to this section 17 shall not be authorized to wire for or install electrical 18 wiring, apparatus, and equipment in a political subdivision 19 which, prior to or after January 1, 2008, establishes licensing 20 standards which preclude such work by class B journeyman 21 electricians in the political subdivision. The board 22 department shall adopt rules establishing procedures relating 23 to the restriction of a class B journeyman electrician license 24 pursuant to this subsection . 25 b. A class B journeyman electrician may become licensed as 26 a class A journeyman electrician upon successful passage of the 27 examination prescribed in subsection 2 . 28 4. A person licensed to wire for or install electrical 29 wiring, apparatus, or equipment or supervise an apprentice 30 electrician by a political subdivision preceding January 1, 31 2008, pursuant to a supervised written examination, and who is 32 currently engaged in the electrical contracting industry with 33 at least four years’ experience, shall be issued an applicable 34 statewide license corresponding to that licensure as a class 35 -46- LSB 1681XL (10) 87 tr/rh 46/ 82
S.F. _____ H.F. _____ A journeyman electrician or a class B journeyman electrician. 1 The board department shall adopt by rule certain criteria 2 for city examination standards satisfactory to fulfill this 3 requirement. 4 5. The board department may reject an application for 5 licensure under this section from an applicant who would be 6 subject to suspension, revocation, or reprimand pursuant to 7 section 103.35 . 8 Sec. 123. Section 103.12A, Code 2017, is amended to read as 9 follows: 10 103.12A Residential electrician and residential master 11 electrician license —— qualifications. 12 1. The board department may by rule provide for the issuance 13 of a residential electrician license, and may by rule provide 14 for the issuance of a residential master electrician license. 15 a. A residential electrician license or residential master 16 electrician license, if established by the board department , 17 shall be issued to applicants who meet qualifications 18 determined by the board department , and shall be valid 19 for the performance of residential installations, subject 20 to limitations or restrictions established by the board 21 department . 22 b. A person who, on or after July 1, 2009, holds a special 23 electrician license authorizing residential electrical 24 installation, granted pursuant to section 103.13 , shall be 25 eligible for conversion of that special license to either 26 a residential electrician license or a residential master 27 electrician license, if established by the board department , in 28 accordance with requirements and procedures established by the 29 board department . 30 2. A person licensed by the board department as a class A 31 journeyman electrician or a class B journeyman electrician, 32 or as a class A master electrician or a class B master 33 electrician, shall not be required to hold a residential 34 electrician or residential master electrician license to 35 -47- LSB 1681XL (10) 87 tr/rh 47/ 82
S.F. _____ H.F. _____ perform any type of residential installation authorized for a 1 person licensed pursuant to this section . 2 3. The board department may reject an application for 3 licensure under this section from an applicant who would be 4 subject to suspension, revocation, or reprimand pursuant to 5 section 103.35 . 6 Sec. 124. Section 103.13, subsections 1 and 3, Code 2017, 7 are amended to read as follows: 8 1. The board department shall by rule provide for the 9 issuance of special electrician licenses authorizing the 10 licensee to engage in a limited class or classes of electrical 11 work, which class or classes shall be specified on the license. 12 Each licensee shall have experience, acceptable to the board 13 department , in each such limited class of work for which the 14 person is licensed. 15 3. The board department may reject an application for 16 licensure under this section from an applicant who would be 17 subject to suspension, revocation, or reprimand pursuant to 18 section 103.35 . 19 Sec. 125. Section 103.15, subsections 1, 2, 3, and 6, Code 20 2017, are amended to read as follows: 21 1. A person shall be licensed by the board department and 22 pay a licensing fee to work as an apprentice electrician while 23 participating in an apprenticeship training program registered 24 by the office of apprenticeship of the United States department 25 of labor in accordance with the standards established by 26 that department. An apprenticeship shall be limited to six 27 years from the date of licensure, unless extended by the 28 board department upon a finding that a hardship existed which 29 prevented completion of the apprenticeship program. Such 30 licensure shall entitle the licensee to act as an apprentice to 31 an electrical contractor, a class A master electrician, a class 32 B master electrician, a class A journeyman electrician, or a 33 class B journeyman electrician as provided in subsection 3 . 34 2. a. A person shall be licensed as an unclassified 35 -48- LSB 1681XL (10) 87 tr/rh 48/ 82
S.F. _____ H.F. _____ person by the board department to perform electrical work if 1 the work is performed under the personal supervision of a 2 person actually licensed to perform such work and the licensed 3 and unclassified persons are employed by the same employer. 4 A person shall not be employed continuously for more than 5 one hundred days as an unclassified person without having 6 obtained a current license from the board department . For the 7 purposes of determining whether a person has been “employed 8 continuously” for more than one hundred days under this 9 subsection , employment shall include any days not worked due to 10 illness, holidays, weekend days, and other absences that do not 11 constitute separation from or termination of employment. Any 12 period of employment as a nonlicensed unclassified person shall 13 not be credited to any applicable experiential requirement of 14 an apprenticeship training program registered by the office of 15 apprenticeship of the United States department of labor. 16 b. Licensed persons shall not permit unclassified 17 persons to perform electrical work except under the personal 18 supervision of a person actually licensed to perform such 19 work. Unclassified persons shall not supervise the performance 20 of electrical work or make assignments of electrical work 21 to unclassified persons. Any person employing unclassified 22 persons performing electrical work shall maintain records 23 establishing compliance with this section , which shall 24 designate all unclassified persons performing electrical work. 25 3. Apprentice electricians and unclassified persons shall 26 do no electrical wiring except under the direct personal 27 on-the-job supervision and control and in the immediate 28 presence of a licensee as specified in section 103.11 . Such 29 supervision shall include both on-the-job training and related 30 classroom training as approved by the board department . The 31 licensee may employ or supervise apprentice electricians and 32 unclassified persons at a ratio not to exceed three apprentice 33 electricians and unclassified persons to one licensee, except 34 that such ratio and the other requirements of this section 35 -49- LSB 1681XL (10) 87 tr/rh 49/ 82
S.F. _____ H.F. _____ shall not apply to apprenticeship classroom training. 1 6. The board department may reject an application for 2 licensure under this section from an applicant who would be 3 subject to suspension, revocation, or reprimand pursuant to 4 section 103.35 . 5 Sec. 126. Section 103.16, Code 2017, is amended to read as 6 follows: 7 103.16 License examinations. 8 1. Examinations for licensure shall be offered as often 9 as deemed necessary by the board department , but no less 10 than one time per quarter. The scope of the examinations 11 and the methods of procedure shall be prescribed by the 12 board department . The examinations given by the board 13 department shall be the Experior assessment examination, or 14 a successor examination approved by the board department , 15 or an examination prepared by a third-party testing service 16 which is substantially equivalent to the Experior assessment 17 examination, or a successor examination approved by the board 18 department . 19 2. An examination may be given by representatives of the 20 board department . As soon as practicable after the close of 21 each examination, a report shall be filed in the office of 22 the secretary of with the board by the board department . The 23 report shall show the action of the board department upon 24 each application and the secretary of the board department 25 shall notify each applicant of the result of the applicant’s 26 examination. Applicants who fail the examination once shall 27 be allowed to take the examination at the next scheduled 28 time. Thereafter, the applicant shall be allowed to take 29 the examination at the discretion of the board department . 30 An applicant who has failed the examination may request, in 31 writing, information from the board department concerning the 32 applicant’s examination grade and subject areas or questions 33 which the applicant failed to answer correctly, except that 34 if the board department administers a uniform, standardized 35 -50- LSB 1681XL (10) 87 tr/rh 50/ 82
S.F. _____ H.F. _____ examination, the board department shall only be required to 1 provide the examination grade and such other information 2 concerning the applicant’s examination results which are 3 available to the board department . 4 Sec. 127. Section 103.17, subsection 1, unnumbered 5 paragraph 1, Code 2017, is amended to read as follows: 6 A member of the board department shall not disclose 7 information relating to the following: 8 Sec. 128. Section 103.17, subsection 2, Code 2017, is 9 amended to read as follows: 10 2. A member