House
File
93
-
Introduced
HOUSE
FILE
93
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
HSB
8)
A
BILL
FOR
An
Act
prohibiting
specified
provisions
in
agreements
between
1
employers
and
certain
mental
health
professionals
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1105HV
(2)
90
je/rn
H.F.
93
Section
1.
NEW
SECTION
.
147.164
Mental
health
professionals
1
——
limitations
on
competition
prohibited.
2
1.
As
used
in
this
section:
3
a.
“Employer”
means
a
person,
as
defined
in
chapter
4,
who
4
in
this
state
employs
for
wages
an
employee.
5
b.
“Mental
health
professional”
means
the
same
as
defined
in
6
section
228.1,
and
includes
all
of
the
following:
7
(1)
Individuals
who
are
completing
their
supervisory
8
requirement
under
a
temporary
license.
9
(2)
Licensed
master
social
workers
with
a
current
and
active
10
supervision
plan
on
file
with
the
board
of
social
work.
11
2.
An
employer
shall
not
enter
into
an
agreement
with
a
12
licensed
mental
health
professional
that
limits
the
location
13
at
which
the
licensee
may
practice,
prohibits
the
licensee
14
from
contacting
for
professional
services
a
person
previously
15
treated
by
the
licensee,
or
imposes
a
time
restriction
on
the
16
practice
of
the
licensee.
17
3.
A
provision
of
an
agreement
entered
into
between
an
18
employer
and
a
licensed
mental
health
professional
prior
to,
19
on,
or
after
the
effective
date
of
this
Act
that
is
contrary
to
20
this
section
shall
be
void
and
unenforceable.
21
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
22
importance,
takes
effect
upon
enactment.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
prohibits
an
employer
from
entering
into
an
27
agreement
with
a
licensed
mental
health
professional,
as
28
defined
in
the
bill,
that
limits
the
location
at
which
the
29
licensee
may
practice,
prohibits
the
licensee
from
contacting
30
for
professional
services
a
person
previously
treated
by
the
31
licensee,
or
imposes
a
time
restriction
on
the
practice
of
the
32
licensee.
33
A
provision
of
an
agreement
entered
into
between
an
employer
34
and
a
licensed
mental
health
professional
prior
to,
on,
or
35
-1-
LSB
1105HV
(2)
90
je/rn
1/
2
H.F.
93
after
the
effective
date
of
the
bill
that
is
contrary
to
the
1
bill
shall
be
void
and
unenforceable.
2
The
bill
takes
effect
upon
enactment.
3
-2-
LSB
1105HV
(2)
90
je/rn
2/
2