House File 332 - Introduced HOUSE FILE 332 BY SHIPLEY , OSMUNDSON , BAXTER , WHEELER , KAUFMANN , THOMPSON , SORENSEN , SALMON , and JACOBSEN A BILL FOR An Act relating to the practice of alternative and 1 complementary medicine, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1503HH (6) 88 ss/rn

H.F. 332 Section 1. NEW SECTION . 147.86A Provisions not applicable. 1 The provisions of this chapter, or any chapter contained in 2 Tit. IV, subtitle 3, licensing a health care provider shall 3 not be construed to prohibit the practice of complementary and 4 alternative health care, as defined in section 147.95 by an 5 unlicensed person provided that the requirements of section 6 147.95 are met. The penalty provisions of section 147.86, 7 or specific penalty provisions contained within an otherwise 8 applicable licensing chapter, shall not apply to the practice 9 of complementary and alternative health care, subject to 10 section 147.95, subsection 4. 11 Sec. 2. NEW SECTION . 147.95 Complementary and alternative 12 health care. 13 1. This section shall be known and may be cited as the 14 “Iowans Access to Complementary and Alternative Health Care Act” . 15 2. As used in this section, and section 147.86A, 16 “complementary and alternative health care” means a diverse group 17 of health care and healing systems, methods, and treatments 18 that are practiced by persons who comply with subsections 3 and 19 4. Complementary and alternative health care includes but is 20 not limited to the following: 21 a. Ayurvedic medicine. 22 b. Acupressure. 23 c. Aromatherapy. 24 d. Biofeedback. 25 e. Detoxification practices. 26 f. Energy medicine. 27 g. Feldenkrais. 28 h. Foods, dietary supplements, and essential oils. 29 i. Herbalism. 30 j. Homeopathic medicine. 31 k. Hydrotherapy. 32 l. Hypnosis. 33 m. Kinesiology. 34 n. Light or sound therapy. 35 -1- LSB 1503HH (6) 88 ss/rn 1/ 4

H.F. 332 o. Mind-body centering. 1 p. Native American and other cultural healing practices. 2 q. Qigong. 3 r. Reiki. 4 s. Reflexology. 5 t. Traditional naturopathy. 6 u. Trager approach. 7 3. Complementary and alternative health care may be 8 provided by a person who is not a licensed health care provider 9 in this state pursuant to the licensure provisions of any 10 of the chapters of Tit. IV, subtitle 3, provided that the 11 following requirements are met: 12 a. Prior to the provision of complementary and alternative 13 health care, a provider of such care shall supply a prospective 14 client with a plainly worded written statement disclosing: 15 (1) That the provider is not a licensed health care provider 16 pursuant to the licensure provisions of any of the chapters of 17 Tit. IV, subtitle 3. 18 (2) The nature of the complementary and alternative health 19 care to be provided. 20 (3) The education, training, or experience, or other 21 credentials or qualifications of the provider regarding the 22 complementary and alternative health care being provided, 23 accompanied by the following statement: 24 “The state of Iowa has not adopted educational and training 25 standards for unlicensed complementary and alternative 26 health care providers. This statement of credentials is for 27 informational purposes only. If a client wishes to receive 28 health care from a licensed health care provider, the client 29 may seek such care at any time. Clients receiving treatment 30 from a licensed provider of health care should consult with 31 a licensed provider before modifying or discontinuing such 32 treatment.” 33 b. A written acknowledgment shall be obtained from the 34 prospective client indicating that the prospective client 35 -2- LSB 1503HH (6) 88 ss/rn 2/ 4

H.F. 332 has been provided with the statement required by paragraph 1 “a” . The acknowledgment shall be maintained by the provider 2 for a two-year period. A copy of the acknowledgment shall be 3 provided to the prospective client. 4 4. A person providing complementary and alternative health 5 care diagnoses and treatment shall be subject to the penalty 6 provision of section 147.86, and specific penalty provisions 7 pursuant to the applicable licensing chapter contained within 8 Tit. IV, subtitle 3, if that person does any of the following: 9 a. Fails to comply with the provisions of subsection 2. 10 b. Conducts surgery or punctures the skin. 11 c. Prescribes or administers X ray radiation. 12 d. Prescribes or administers drugs or controlled substances 13 for which a prescription by a licensed health care provider is 14 required. 15 e. Willfully administers a treatment that causes an imminent 16 and discernable risk of serious bodily injury, serious physical 17 or mental illness, or death. 18 f. Represents, states, indicates, advertises, or implies 19 that the person has been issued a license to practice a health 20 care profession in this state. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to the provision of complementary and 25 alternative health care by unlicensed persons. 26 The bill provides that the provisions of Code Tit. 27 IV, subtitle 3, dealing with the licensing of health care 28 providers, including penalty provisions, shall not apply to 29 the provision of complementary and alternative health care by 30 unlicensed persons, if the requirements of new Code section 31 147.95 governing the provision of such care are met. 32 The bill provides a definition of complementary and 33 alternative health care that refers to a diverse group of 34 health care and healing systems, methods, and treatments. The 35 -3- LSB 1503HH (6) 88 ss/rn 3/ 4

H.F. 332 bill provides examples of these services. 1 The bill provides that several requirements apply to the 2 provision of complementary and alternative health care. The 3 bill provides that prior to the provision of the care, a 4 provider of such care shall supply a prospective client with a 5 plainly worded written statement disclosing that the provider 6 is not a licensed health care provider, the nature of the 7 complementary and alternative health care to be provided, and 8 the provider’s education, training, or experience, or other 9 credentials or qualifications. The bill provides specific 10 wording regarding this statement of credentials. The bill 11 provides that a written acknowledgment shall be obtained from 12 the prospective client indicating that the prospective client 13 has been provided with the statement. 14 The bill provides that current Code penalty provisions shall 15 apply if a specified list of unauthorized practices is engaged 16 in. 17 -4- LSB 1503HH (6) 88 ss/rn 4/ 4