House File 2225 - Introduced HOUSE FILE 2225 BY FRY A BILL FOR An Act merging the board of social work and board of behavioral 1 science and providing transition provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5659YH (4) 89 ss/rh
H.F. 2225 Section 1. Section 135.24, subsection 2, paragraph a, Code 1 2022, is amended to read as follows: 2 a. Procedures for registration of health care providers 3 deemed qualified by the board of medicine, the board of 4 physician assistants, the dental board, the board of nursing, 5 the board of chiropractic, the board of psychology, the board 6 of social work and behavioral science , the board of behavioral 7 science, the board of pharmacy, the board of optometry, the 8 board of podiatry, the board of physical and occupational 9 therapy, the board of respiratory care and polysomnography, and 10 the Iowa department of public health, as applicable. 11 Sec. 2. Section 147.13, subsection 15, Code 2022, is amended 12 to read as follows: 13 15. For social work, applied behavior analysis, marital 14 and family therapy, and mental health counseling, the board of 15 social work and behavioral science . 16 Sec. 3. Section 147.13, subsection 16, Code 2022, is amended 17 by striking the subsection. 18 Sec. 4. Section 147.14, subsection 1, paragraphs m and t, 19 Code 2022, are amended by striking the paragraphs. 20 Sec. 5. Section 147.14, subsection 1, Code 2022, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . x. For social work and behavioral science, 23 three members licensed to practice marital and family therapy, 24 all of whom shall be practicing marital and family therapists; 25 three members licensed to practice mental health counseling, 26 one of whom shall be employed in graduate teaching, training, 27 or research in mental health counseling and two of whom 28 shall be practicing mental health counselors; two licensed 29 behavior analysts; one licensed assistant behavior analyst; 30 five members who are licensed to practice social work, with 31 at least one from each of three levels of licensure described 32 in section 154C.3, subsection 1, and one employed in the area 33 of children’s social work; and five who are not licensed to 34 practice marital and family therapy, applied behavior analysis, 35 -1- LSB 5659YH (4) 89 ss/rh 1/ 6
H.F. 2225 mental health counseling, or social work and who shall 1 represent the general public. 2 Sec. 6. Section 154C.1, subsection 1, Code 2022, is amended 3 to read as follows: 4 1. “Board” means the board of social work and behavioral 5 science established in chapter 147 . 6 Sec. 7. Section 154D.1, subsection 1, Code 2022, is amended 7 to read as follows: 8 1. “Board” means the board of social work and behavioral 9 science established in chapter 147 . 10 Sec. 8. Section 249A.15A, subsections 1, 2, and 3, Code 11 2022, are amended to read as follows: 12 1. The department shall adopt rules pursuant to chapter 13 17A entitling marital and family therapists who are licensed 14 pursuant to chapter 154D to payment for behavioral health 15 services provided to recipients of medical assistance, subject 16 to limitations and exclusions the department finds necessary 17 on the basis of federal laws and regulations. The rules shall 18 also provide that a marital and family therapist, who holds 19 a temporary license to practice marital and family therapy 20 pursuant to section 154D.7 , is entitled to payment under this 21 section for behavioral health services provided to recipients 22 of medical assistance, when such services are provided under 23 the supervision of a qualified supervisor as determined by the 24 board of social work and behavioral science by rule, and claims 25 for payment for such services are submitted by the qualified 26 supervisor. 27 2. The department shall adopt rules pursuant to chapter 28 17A entitling master social workers who hold a master’s degree 29 approved by the board of social work and behavioral science , 30 are licensed as a master social worker pursuant to section 31 154C.3, subsection 1 , paragraph “b” , and provide treatment 32 services under the supervision of an independent social worker 33 licensed pursuant to section 154C.3, subsection 1 , paragraph 34 “c” , to payment for behavioral health services provided to 35 -2- LSB 5659YH (4) 89 ss/rh 2/ 6
H.F. 2225 recipients of medical assistance, subject to limitations and 1 exclusions the department finds necessary on the basis of 2 federal laws and regulations. 3 3. The department shall adopt rules pursuant to chapter 17A 4 entitling mental health counselors who are licensed pursuant 5 to chapter 154D to payment for behavioral health services 6 provided to recipients of medical assistance, subject to 7 limitations and exclusions the department finds necessary on 8 the basis of federal laws and regulations. The rules shall 9 also provide that a mental health counselor, who holds a 10 temporary license to practice mental health counseling pursuant 11 to section 154D.7 , is entitled to payment under this section 12 for behavioral health services provided to recipients of 13 medical assistance, when such services are provided under the 14 supervision of a qualified supervisor as determined by the 15 board of social work and behavioral science by rule, and claims 16 for payment for such services are submitted by the qualified 17 supervisor. 18 Sec. 9. Section 514C.32, subsection 1, paragraphs a and b, 19 Code 2022, are amended to read as follows: 20 a. A licensed master social worker who is licensed by the 21 board of social work and behavioral science as a master social 22 worker pursuant to section 154C.3, subsection 1 , paragraph 23 “b” , and who provides services under the supervision of an 24 independent social worker licensed pursuant to section 154C.3, 25 subsection 1 , paragraph “c” . 26 b. A licensed mental health counselor or a licensed 27 marital and family therapist who holds a temporary license to 28 practice mental health counseling or marital and family therapy 29 pursuant to section 154D.7 , and who provides services under 30 the supervision of a qualified supervisor as determined by the 31 board of social work and behavioral science by rule. 32 Sec. 10. Section 622.10, subsection 7, Code 2022, is amended 33 to read as follows: 34 7. For the purposes of this section , “mental health 35 -3- LSB 5659YH (4) 89 ss/rh 3/ 6
H.F. 2225 professional” means a psychologist licensed under chapter 154B , 1 a registered nurse licensed under chapter 152 , a social worker 2 licensed under chapter 154C , a marital and family therapist 3 licensed under chapter 154D , a mental health counselor licensed 4 under chapter 154D , or an individual holding at least a 5 master’s degree in a related field as deemed appropriate by the 6 board of social work and behavioral science. 7 Sec. 11. EMERGENCY RULES. The board of social work, board 8 of behavioral science, and board of social work and behavioral 9 science may adopt emergency rules under section 17A.4, 10 subsection 3, and section 17A.5, subsection 2, paragraph “b”, 11 to implement the provisions of this Act and the rules shall 12 be effective immediately upon filing unless a later date is 13 specified in the rules. Any rules adopted in accordance with 14 this section shall also be published as a notice of intended 15 action as provided in section 17A.4. 16 Sec. 12. TRANSITION PROVISIONS. 17 1. a. The merger of the boards of social work and 18 behavioral science in this Act shall not affect the appointment 19 of any term of office of a member of either board prior to the 20 effective date of this Act. A member of the board of social 21 work or the board of behavioral science shall continue to serve 22 until the member’s term expires or the member ceases to hold 23 office, whichever first occurs. 24 b. The initial membership of the board of social work and 25 behavioral science shall consist of all members of the boards 26 of social work and behavioral science serving on the effective 27 date of this Act. 28 2. A rule adopted by the board of social work or board of 29 behavioral science that is in force and effect immediately 30 prior to the effective date of this Act shall continue in full 31 force and effect until the earlier of the following: 32 a. The rule is amended, rescinded, or supplemented by the 33 affirmative action of the board of social work and behavioral 34 science. 35 -4- LSB 5659YH (4) 89 ss/rh 4/ 6
H.F. 2225 b. The rule expires by its own terms. 1 3. Any license or permit issued by the board of social 2 work or board of behavioral science in effect on the effective 3 date of this Act shall continue in full force and effect until 4 expiration or renewal. 5 4. Any funds in any account or fund of the board of social 6 work or board of behavioral science shall be transferred to the 7 control of the board of social work and behavioral science. 8 5. Any cause of action, statute of limitation, or 9 administrative action relating to or initiated by the board 10 of social work or board of behavioral science shall not be 11 affected as a result of this Act and shall apply to the board of 12 social work and behavioral science. 13 6. All client and organization files in the possession of 14 the board of social work or board of behavioral science shall 15 become the property of the board of social work and behavioral 16 science. 17 7. Any personnel in the state merit system of employment 18 who are mandatorily transferred due to the effect of this Act 19 shall be so transferred without any loss in salary, benefits, 20 or accrued years of service. 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 merges the boards of social work and behavioral 25 science into the board of social work and behavioral science. 26 The bill gives the board of social work and behavioral science 27 all the powers and responsibilities of the prior boards. The 28 bill provides that the current members of the boards of social 29 work and behavioral science shall become members of the merged 30 board until their terms otherwise expire or they are otherwise 31 replaced. The bill also provides that the current rules of 32 both boards shall remain in effect until the board of social 33 work and behavioral science amends, rescinds, or supplements 34 the rules, or the rules expire by their own terms. The bill 35 -5- LSB 5659YH (4) 89 ss/rh 5/ 6
H.F. 2225 grants the board of social work, the board of behavioral 1 science, and the board of social work and behavioral science 2 emergency rulemaking authority to implement the provisions of 3 the bill. The bill also provides other transition provisions 4 relating to the initial membership of the new board, rules 5 adopted by the former boards, licenses and permits issued by 6 the former boards, funds and client and organization files in 7 the possession of the former boards, causes of action relating 8 to the former boards, and personnel in the state merit system 9 of employment, and makes conforming Code changes. 10 -6- LSB 5659YH (4) 89 ss/rh 6/ 6