SF 2037 (LSB 5166XS (4) 90)

SENATE FILE 2037

BY  SALMON

A BILL FOR

An Act prohibiting counties and cities from regulating certain behavioral health and human services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.301, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  23.  a.  A county shall not adopt or enforce an ordinance, motion, resolution, or amendment, or use any other means, to regulate behavioral health and human services that are subject to licensing or certification requirements by a board, or performed by persons exempt from licensing or certification requirements by a board, including professors, government employees acting within the scope of the position, students and trainees, clergy, and employees or volunteers of nonprofit organizations, when the person’s services include any of the following:
   (1)  Behavioral health services under chapter 147 or 154D.
   (2)  Psychology services under chapter 154B.
   (3)  Social work services under chapter 154C.
   b.  This section does not prohibit county regulations consistent with traditional zoning considerations. 
    Sec. 2.  Section 364.3, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  18.  a.  A city shall not adopt or enforce an ordinance, motion, resolution, or amendment, or use any other means, to regulate behavioral health and human services that are subject to licensing or certification requirements by a board, or performed by persons exempt from licensing or certification requirements by a board, including professors, government employees acting within the scope of the position, students and trainees, clergy, and employees or volunteers of nonprofit organizations, when the person’s services include any of the following:
   (1)  Behavioral health services under chapter 147 or 154D.
   (2)  Psychology services under chapter 154B.
   (3)  Social work services under chapter 154C.
   b.  This section does not prohibit city regulations consistent with traditional zoning considerations. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits counties and cities from adopting or enforcing an ordinance, motion, resolution, or amendment, or using any other means, to regulate certain behavioral health and human services that are subject to licensing or certification requirements by a board, including behavioral health, psychology, and social work. The bill also prohibits counties and cities from regulating those behavioral health and human services when performed by persons exempt from licensing and certification requirements by a board, including professors, government employees acting within the scope of the position, students and trainees, clergy, and employees or volunteers of nonprofit organizations. The bill does not prohibit county and city regulations consistent with traditional zoning considerations.