House
Study
Bill
8
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
BILL
BY
CHAIRPERSON
MEYER)
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
1105YC
(3)
90
je/rn
H.F.
_____
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,
but
does
not
include
a
psychiatrist.
7
2.
An
employer
shall
not
enter
into
an
agreement
with
a
8
licensed
mental
health
professional
that
limits
the
location
9
at
which
the
licensee
may
practice,
prohibits
the
licensee
10
from
contacting
for
professional
services
a
person
previously
11
treated
by
the
licensee,
or
imposes
a
time
restriction
on
the
12
practice
of
the
licensee.
13
3.
A
provision
of
an
agreement
entered
into
between
an
14
employer
and
a
licensed
mental
health
professional
prior
to,
15
on,
or
after
the
effective
date
of
this
Act
that
is
contrary
to
16
this
section
shall
be
void
and
unenforceable.
17
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
18
importance,
takes
effect
upon
enactment.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
prohibits
an
employer
from
entering
into
an
23
agreement
with
a
licensed
mental
health
professional
that
24
limits
the
location
at
which
the
licensee
may
practice,
25
prohibits
the
licensee
from
contacting
for
professional
26
services
a
person
previously
treated
by
the
licensee,
or
27
imposes
a
time
restriction
on
the
practice
of
the
licensee.
28
The
bill
defines
“mental
health
professional”
to
mean
the
29
same
as
defined
in
Code
section
228.1,
but
not
including
a
30
psychiatrist.
31
A
provision
of
an
agreement
entered
into
between
an
employer
32
and
a
licensed
mental
health
professional
prior
to,
on,
or
33
after
the
effective
date
of
the
bill
that
is
contrary
to
the
34
bill
shall
be
void
and
unenforceable.
35
-1-
LSB
1105YC
(3)
90
je/rn
1/
2
H.F.
_____
The
bill
takes
effect
upon
enactment.
1
-2-
LSB
1105YC
(3)
90
je/rn
2/
2