SF 115 (LSB 1138XS (3) 87)

SENATE FILE 115

BY  BOLKCOM

A BILL FOR

An Act relating to grounds for discipline of physicians and surgeons, osteopathic physicians and surgeons, and physician assistants, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 147.55, Code 2017, is amended to read as follows:
   147.55  Grounds.
   1.  A licensee’s license to practice a profession shall be revoked or suspended, or the licensee otherwise disciplined by the board for that profession, when the licensee is guilty of any of the following acts or offenses:
   1.  a.  Fraud in procuring a license.
   2.  b.  Professional incompetence.
   3.  c.  Knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of a profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.
   4.  d.  Habitual intoxication or addiction to the use of drugs.
   5.  e.  Conviction of a crime related to the profession or occupation of the licensee or the conviction of any crime that would affect the licensee’s ability to practice within a profession. A copy of the record of conviction or plea of guilty shall be conclusive evidence.
   6.  f.  Fraud in representations as to skill or ability.
   7.  g.  Use of untruthful or improbable statements in advertisements.
   8.  h.  Willful or repeated violations of the provisions of this chapter, chapter 272C, or a board’s enabling statute.
   9.  i.  Other acts or offenses as specified by board rule.
   2.  a.  A physician’s or physician assistant’s license shall not be revoked or suspended, or the licensee otherwise disciplined by the board of medicine or board of physician assistants, as applicable, based solely on the licensee’s recommendation or provision of a treatment method for lyme disease or other tick-borne disease that is not universally accepted by the licensee’s profession.
   b.  As used in this subsection, “physician” means a person licensed to practice medicine and surgery or osteopathic medicine and surgery in accordance with chapter 148 and “physician assistant” means a physician assistant licensed in accordance with chapter 148C.
   c.  This subsection shall not exempt a licensee from otherwise applicable professional requirements or standards.
    Sec. 2.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill exempts physicians and surgeons, osteopathic physicians and surgeons, and physician assistants from license revocation or suspension and other discipline based on the recommendation or provision of a treatment method for lyme disease or other tick-borne disease that is not universally accepted by the person’s profession. The bill does not exempt physicians and surgeons, osteopathic physicians and surgeons, and physician assistants from any otherwise applicable requirements or standards.
   The bill takes effect upon enactment.