SF 300 (LSB 2213XS (2) 90)

SENATE FILE 300

BY  WESTRICH

A BILL FOR

An Act relating to professional disciplinary actions against persons in health-related professions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  147.57  Grounds for discipline —— limitation.
   1.  Notwithstanding any other provision of law to the contrary, a person licensed by a board under this subtitle shall not be subject to discipline under this chapter or the board’s enabling statute based solely on the licensee’s failure to follow or implement guidelines, recommendations, or regulations of the United States food and drug administration, centers for disease control and prevention of the United States department of health and human services, or national institutes of health, unless such failure also constitutes a violation of a law of this state.
   2.  A person licensed by a board under this subtitle who has been subject to a fine solely due to the person’s failure to follow or implement guidelines, recommendations, or regulations of the United States food and drug administration after the effective date of this Act may petition the board for repayment of the fine.
   3.  Each board under this subtitle shall adopt rules for the implementation of this section.
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 a professional licensing board under Code chapter 147 (general provisions, health-related professions) from imposing discipline on a licensee for failure to follow or implement guidelines, recommendations, or regulations of the United States food and drug administration, centers for disease control and prevention, or national institutes of health, unless such failure also constitutes a violation of a law of this state. The bill allows a person subject to a fine by the United States food and drug administration for conduct that is not a violation of state law after the effective date of the bill to petition the board for repayment of that fine. The bill requires each relevant board to adopt rules to implement the bill.