HF 409 (LSB 2167YH (2) 91)

HOUSE FILE 409

BY  SRINIVAS and A. MEYER

A BILL FOR

An Act relating to the licensing of, and granting of clinical privileges to, certain health care professionals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 135B.7, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  The department shall also adopt rules prohibiting hospitals and rural emergency hospitals from including on an application for clinical privileges a question regarding whether the applicant has a past history or diagnosis of mental illness, substance use disorders, or other physical or behavioral health conditions. The rules shall allow hospitals and rural emergency hospitals to include on an application for clinical privileges a question regarding whether the applicant currently has any condition that is not being appropriately treated which impairs or adversely affects the applicant’s ability to practice with reasonable skill and safety in a competent, ethical, and professional manner.
    Sec. 2.  NEW SECTION.  147.4A  Applications —— current impairment.
   A board shall not include on an application for licensure or renewal of a license a question regarding whether the applicant has a past history or diagnosis of mental illness, substance use disorders, or other physical or behavioral health conditions. A board may include on an application for licensure or renewal of a license a question regarding whether the applicant currently has any condition that is not being appropriately treated which impairs or adversely affects the applicant’s ability to practice with reasonable skill and safety in a competent, ethical, and professional manner.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to applications for clinical privileges to practice at a hospital and for licenses for health-related professions. The bill requires the department of inspections, appeals, and licensing to adopt rules prohibiting a hospital or rural emergency hospital from including on an application for clinical privileges a question regarding whether the applicant has a past history or diagnosis of mental illness, substance use disorders, or other physical or behavioral health conditions. The rules shall allow a hospital or rural emergency hospital to include a question regarding whether the applicant currently has any condition that is not being appropriately treated which impairs or adversely affects the applicant’s ability to practice with reasonable skill and safety in a competent, ethical, and professional manner.
   The bill similarly prohibits licensing boards for health-related professions from asking about an applicant’s past history or diagnosis of mental illness, substance use disorders, or other physical or behavioral health conditions. The bill allows licensing boards for health-related professions to ask whether the applicant currently has any condition that is not being appropriately treated which impairs or adversely affects the applicant’s ability to practice.