H.F. 2330 Section 1. Section 148.2, Code 2020, is amended to read as 1 follows: 2 148.2 Persons not engaged in practice —— unlawful or 3 unauthorized practice of medicine . 4 1. Section 148.1 shall not be construed to include the 5 following classes of persons: 6 1. a. Persons who advertise or sell patent or proprietary 7 medicines. 8 2. b. Persons who advertise, sell, or prescribe natural 9 mineral waters flowing from wells or springs. 10 3. c. Students of medicine and surgery or osteopathic 11 medicine and surgery who have completed at least two years’ 12 study in a medical school or a college of osteopathic medicine 13 and surgery, approved by the board, and who prescribe medicine 14 under the supervision of a licensed physician and surgeon or 15 licensed osteopathic physician and surgeon, or who render 16 gratuitous service to persons in case of emergency. 17 4. d. Licensed podiatric physicians, chiropractors, 18 physical therapists, nurses, dentists, optometrists, and 19 pharmacists who are exclusively engaged in the practice of 20 their respective professions. 21 5. e. Physicians and surgeons or osteopathic physicians and 22 surgeons of the United States army, navy, air force, marines, 23 public health service, or other uniformed service when acting 24 in the line of duty in this state, and holding a current, 25 active permanent license in good standing in another state, 26 district, or territory of the United States, or physicians 27 and surgeons or osteopathic physicians and surgeons licensed 28 in another state, when incidentally called into this state 29 in consultation with a physician and surgeon or osteopathic 30 physician and surgeon licensed in this state. 31 2. a. This chapter, as it relates to the unlawful or 32 unauthorized practice of medicine and surgery or osteopathic 33 medicine and surgery, does not apply to a health care 34 organization whose members, shareholders, or partners are 35 -1- LSB 5628YH (8) 88 pf/rh 1/ 4

H.F. 2330 individuals, partnerships, corporations, facilities, or 1 institutions licensed or legally authorized by this state 2 to provide health care or professional services as any of 3 the following within the scope of practice of such health 4 professional as determined by the health professional’s 5 respective licensing board: 6 (1) A physician. 7 (2) A podiatrist. 8 (3) A chiropractor. 9 (4) A physical therapist. 10 (5) A clinical psychologist. 11 b. An employment or other contractual relationship between 12 a health professional described in paragraph “a” and a licensed 13 physician does not constitute the unlawful practice of medicine 14 if the health professional does not direct or control the 15 independent medical acts, decisions, or judgment of the 16 licensed physician. 17 Sec. 2. Section 489.1102, subsection 2, Code 2020, is 18 amended by adding the following new paragraph: 19 NEW PARAGRAPH . d. For the purposes of this section, 20 medicine and surgery, osteopathic medicine and surgery, 21 podiatry, chiropractic, physical therapy, and clinical 22 psychology shall be deemed to be professions which could 23 lawfully be practiced in combination by licensed individuals or 24 a partnership of licensed individuals. 25 Sec. 3. Section 489.1105, subsection 2, Code 2020, is 26 amended by adding the following new paragraph: 27 NEW PARAGRAPH . c. This section shall not prohibit persons 28 practicing medicine and surgery, persons practicing osteopathic 29 medicine and surgery, persons practicing podiatry, persons 30 practicing chiropractic, persons practicing physical therapy, 31 or persons practicing clinical psychology from practicing 32 their respective professions in lawful combination pursuant to 33 section 489.1102. 34 Sec. 4. Section 496C.4, subsection 2, Code 2020, is amended 35 -2- LSB 5628YH (8) 88 pf/rh 2/ 4

H.F. 2330 by adding the following new paragraph: 1 NEW PARAGRAPH . d. For purposes of this section, medicine 2 and surgery, osteopathic medicine and surgery, podiatry, 3 chiropractic, physical therapy, and clinical psychology shall 4 be deemed to be professions which could lawfully be practiced 5 in combination by licensed individuals or a partnership of 6 licensed individuals. 7 Sec. 5. Section 496C.7, subsection 3, Code 2020, is amended 8 by adding the following new paragraph: 9 NEW PARAGRAPH . c. This section shall not prohibit persons 10 practicing medicine and surgery, persons practicing osteopathic 11 medicine and surgery, persons practicing podiatry, persons 12 practicing chiropractic, persons practicing physical therapy, 13 or persons practicing clinical psychology from practicing 14 their respective professions in lawful combination pursuant to 15 section 496C.4. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill provides that the prohibition against the 20 unlawful or unauthorized practice of medicine and surgery or 21 osteopathic medicine and surgery does not apply to a health 22 care organization whose members, shareholders, or partners 23 are individuals, partnerships, corporations, facilities, or 24 institutions licensed or legally authorized by this state 25 to provide health care or professional services within the 26 respective scope of practice of a health professional who is 27 a physician, podiatrist, chiropractor, physical therapist, or 28 clinical psychologist. An employment or other contractual 29 relationship between the specified health professionals and a 30 licensed physician does not constitute the unlawful practice of 31 medicine if the health professional does not direct or control 32 the independent medical acts, decisions, or judgment of the 33 licensed physician. 34 Additionally, the bill amends the revised uniform 35 -3- LSB 5628YH (8) 88 pf/rh 3/ 4

H.F. 2330 limited liability company Act (Code chapter 489) and the 1 Iowa professional corporation Act (Code chapter 496C) to 2 specifically provide that medicine and surgery, osteopathic 3 medicine and surgery, podiatry, chiropractic, physical therapy, 4 and clinical psychology shall be deemed to be professions 5 which could lawfully be practiced in combination by licensed 6 individuals or a partnership of licensed individuals. 7 -4- LSB 5628YH (8) 88 pf/rh 4/ 4