H.F. 404 Section 1. NEW SECTION . 147.86A Provisions not applicable. 1 The provisions of this chapter, or any chapter contained in 2 Title 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 147.94, subsection 4. 11 Sec. 2. NEW SECTION . 147.94 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. 20 3. Complementary and alternative health care may be 21 provided by a person who is not a licensed health care provider 22 in this state pursuant to the licensure provisions of any 23 of the chapters of Title IV, subtitle 3, provided that the 24 following requirements are met: 25 a. Prior to the provision of complementary and alternative 26 health care, a provider of such care shall supply a prospective 27 client with a plainly worded written statement disclosing: 28 (1) That the provider is not a licensed health care provider 29 pursuant to the licensure provisions of any of the chapters of 30 Title IV, subtitle 3. 31 (2) The nature of the complementary and alternative health 32 care to be provided. 33 (3) The education, training, or experience, or other 34 credentials or qualifications of the provider regarding the 35 -1- LSB 1894YH (4) 89 ss/rh 1/ 3

H.F. 404 complementary and alternative health care being provided, 1 accompanied by the following statement: 2 “The state of Iowa has not adopted educational and training 3 standards for unlicensed complementary and alternative 4 health care providers. This statement of credentials is for 5 informational purposes only. If a client wishes to receive 6 health care from a licensed health care provider, the client 7 may seek such care at any time. Clients receiving treatment 8 from a licensed provider of health care should consult with 9 a licensed provider before modifying or discontinuing such 10 treatment.” 11 b. A written acknowledgment shall be obtained from the 12 prospective client indicating that the prospective client 13 has been provided with the statement required by paragraph 14 “a” . The acknowledgment shall be maintained by the provider 15 for a two-year period. A copy of the acknowledgment shall be 16 provided to the prospective client. 17 4. A person providing complementary and alternative health 18 care diagnoses and treatment shall be subject to the penalty 19 provision of section 147.86, and specific penalty provisions 20 pursuant to the applicable licensing chapter contained within 21 Title IV, subtitle 3, if that person does any of the following: 22 a. Fails to comply with the requirements of subsection 3. 23 b. Conducts surgery or punctures the skin. 24 c. Prescribes or administers X ray radiation. 25 d. Prescribes or administers drugs or controlled substances 26 for which a prescription by a licensed health care provider is 27 required. 28 e. Willfully administers a treatment that causes an imminent 29 and discernable risk of serious bodily injury, serious physical 30 or mental illness, or death. 31 f. Represents, states, indicates, advertises, or implies 32 that the person has been issued a license to practice a health 33 care profession in this state. 34 5. This section does not apply to, control, or prevent 35 -2- LSB 1894YH (4) 89 ss/rh 2/ 3

H.F. 404 any act or person that is otherwise exempt from professional 1 regulation. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to the provision of complementary and 6 alternative health care by unlicensed persons. 7 The bill provides that the provisions of Code Title 8 IV, subtitle 3, dealing with the licensing of health care 9 providers, including penalty provisions, shall not apply to 10 the provision of complementary and alternative health care by 11 unlicensed persons, if the requirements of new Code section 12 147.95 governing the provision of such care are met. 13 The bill provides a definition of complementary and 14 alternative health care that refers to a diverse group of 15 health care and healing systems, methods, and treatments. The 16 bill provides examples of these services. 17 The bill provides that several requirements apply to the 18 provision of complementary and alternative health care. The 19 bill provides that prior to the provision of the care, a 20 provider of such care shall supply a prospective client with a 21 plainly worded written statement disclosing that the provider 22 is not a licensed health care provider, the nature of the 23 complementary and alternative health care to be provided, and 24 the provider’s education, training, or experience, or other 25 credentials or qualifications. The bill provides specific 26 wording regarding this statement of credentials. The bill 27 provides that a written acknowledgment shall be obtained from 28 the prospective client indicating that the prospective client 29 has been provided with the statement. 30 The bill provides that current Code penalty provisions shall 31 apply if a specified list of unauthorized practices is engaged 32 in. 33 The bill does not regulate any conduct that is not currently 34 subject to regulation. 35 -3- LSB 1894YH (4) 89 ss/rh 3/ 3