SF 210 (LSB 2056XS (2) 91)

SENATE FILE 210

BY  PETERSEN

A BILL FOR

An Act relating to the licensing, regulation, and discipline of licensed health professionals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  147.11A  Issuance of licenses —— investigation —— suspension.
   1.  a.  Prior to issuing a license to an applicant, a board shall conduct a search of the national practitioner data bank to review the available record and determine whether the information in the data bank constitutes grounds to decline to issue a license to an applicant or to conduct an additional investigation of the applicant prior to issuing a license.
   b.  Beginning on July 1, 2026, prior to issuing a license to an applicant, a board shall conduct a search of the integrated database created pursuant to subsection 3 to review the available record and determine whether the information in the integrated database constitutes grounds to decline to issue a license to an applicant or to conduct an additional investigation of the applicant prior to issuing a license.
   2.  Prior to issuing a license to an applicant, the board shall conduct a search of the child abuse registry and sex offender registry. Notwithstanding any other provision of law to the contrary, if either search results in a positive identification of the applicant, the board shall not issue a license to the applicant.
   3.  No later than July 1, 2026, the department of inspections, appeals, and licensing shall create and make available to the public at no cost an integrated online database of all licensees, including all records available through the national practitioner data bank and all state disciplinary actions and records. The integrated database shall include a clearly identifiable function that identifies whether each licensee has had a complaint filed against the licensee for sexual misconduct or sexual assault, as those terms are defined in section 147.58, substance use, medical malpractice, or substandard practice.
   4.  If a board identifies a founded case of sexual misconduct, as defined in section 147.58, by an applicant for a license, the board shall not issue a license to the applicant unless ten years have elapsed since the conduct giving rise to the case, and the applicant has completed a problematic sexualized behavior treatment program.
   5.  If a board identifies a founded case of sexual misconduct, as defined in section 147.58, by a licensee, the board shall immediately suspend the license of the licensee until ten years have elapsed since the conduct giving rise to the case, and the licensee has completed a problematic sexualized behavior treatment program.
    Sec. 2.  NEW SECTION.  147.11B  Duty to report —— continuing education.
   A licensee shall report any other licensee to the relevant board that the licensee knows to have violated a law or rule regarding sexual misconduct, sexual assault, or substance use within five days of obtaining such knowledge. Each board shall require each licensee to complete at least one hour of continuing education per licensure renewal cycle on the licensee’s duty to report. A failure to report as required by this section shall constitute grounds for discipline.
    Sec. 3.  NEW SECTION.  147.57  Employee discipline —— insurance —— reporting.
   1.  Each person who employs a licensee shall submit to the board who licenses the person information regarding all disciplinary actions taken against the licensee.
   2.  Upon the receipt of a complaint against a licensee, a board shall provide a copy of the complaint to the licensee’s employer, all insurance carriers who have billed for the licensee’s services in the past year, and the licensee’s medical malpractice insurance company, if applicable, if the board receives the express written permission of the complainant.
    Sec. 4.  NEW SECTION.  147.58  Licensee discipline —— problematic sexual behavior.
   1.  For the purposes of this section:
   a.  “Sexual assault” means any type of sexual activity or contact without consent, including through use of physical force, threats of force, coercion, and manipulation.
   b.  “Sexual misconduct” means a behavior that exploits the health professional-patient relationship in a sexual way. Sexual behavior may be verbal or physical, can occur in person or virtually, and may include expressions of thoughts and feelings or gestures that are of a sexual nature or that a patient or surrogate may reasonably construe as sexual. “Sexual misconduct” includes gestures or language that are seductive, sexually suggestive, or sexually demeaning to a patient.
   2.  Upon receipt of a complaint of sexual misconduct against a licensee, a board shall issue a probationary order against the licensee requiring supervised practice until the board has completed its investigation of the complaint.
   3.  Upon receipt of a complaint of sexual assault against a licensee, a board shall immediately suspend the license of the licensee until the board has completed its investigation of the complaint.
   4.  Each board shall prioritize investigations of sexual misconduct and sexual assault such that, on average, investigation takes no longer than thirty days after the date of receipt of the complaint.
   5.  a.  A board shall immediately suspend the license of a licensee charged with a sexual abuse offense under chapter 709, or a human trafficking offense under chapter 710A, or a substantially similar statute in another state, regardless of whether the activity occurred within the scope of practice of the licensed profession.
   b.  A board shall permanently revoke the license of a licensee convicted of a sexual abuse offense under chapter 709, or a human trafficking offense under chapter 710A, or a substantially similar statute in another state, regardless of whether the activity occurred within the scope of practice of the licensed profession. A board shall not reinstate a license revoked pursuant to this paragraph unless the conviction is reversed or overturned.
   6.  a.  A law enforcement officer shall provide all information gathered pursuant to an investigation of a sexual abuse offense under chapter 709, or a human trafficking offense under chapter 710A, allegedly committed by a licensee to each board who licenses the licensee if the law enforcement officer terminates the investigation without requesting that charges be filed, charges against the licensee are dropped, or the conviction of the licensee is overturned.
   b.  A board that receives investigative information submitted pursuant to paragraph “a” shall permanently revoke the license of a licensee if the board finds by a preponderance of the evidence that the sexual abuse offense under chapter 709 or human trafficking offense under chapter 710A occurred. The board may also utilize information submitted pursuant to paragraph “a” as the basis of other disciplinary action that the board may impose as provided by rule or law.
    Sec. 5.  NEW SECTION.  147.59  Disclosure of probationary status.
   A licensee who is practicing on a probationary basis shall provide a written disclosure regarding the basis for the licensee’s probationary status to a person or the person’s guardian or third-party representative, as applicable, prior to providing a service to the person.
    Sec. 6.  Section 148.3, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  Prior to granting a license to an applicant for a license to practice medicine and surgery or osteopathic medicine and surgery who has practiced in another state, the board shall obtain disciplinary history from each state in which the applicant has practiced, which shall include information from cases that have not been fully adjudicated. The board shall review the data obtained pursuant to this subsection and determine whether the data requires the board to decline to issue a license or to conduct an additional investigation prior to issuing a license.
    Sec. 7.  Section 148.6, subsection 2, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  i.  For a licensee employed by a health insurer, denying a claim for any reason not supported by the sound medical judgment of the licensee.
    Sec. 8.  Section 272C.6, subsection 4, paragraph a, Code 2025, is amended to read as follows:
   a.  In order to assure a free flow of information for accomplishing the purposes of this section, and notwithstanding section 622.10, all complaint files, investigation files, other investigation reports, and other investigative information in the possession of a licensing board or peer review committee acting under the authority of a licensing board or its employees or agents which relates to licensee discipline are privileged and confidential until the conclusion of the investigation, and are not subject to discovery, subpoena, or other means of legal compulsion for their release to a person other than the licensee and the boards, their employees and agents involved in licensee discipline, and are not admissible in evidence in a judicial or administrative proceeding other than the proceeding involving licensee discipline until the conclusion of the investigation. However, investigative information in the possession of a licensing board or its employees or agents which relates to licensee discipline may be disclosed to appropriate licensing authorities within this state, the appropriate licensing authority in another state, the coordinated licensure information system provided for in the nurse licensure compact contained in section 152E.1 or the advanced practice registered nurse compact contained in section 152E.3, the District of Columbia, or a territory or country in which the licensee is licensed or has applied for a license. If the investigative information in the possession of a licensing board or its employees or agents indicates a crime has been committed, the information shall be reported to the proper law enforcement agency. However, a final written decision and finding of fact of a licensing board in a disciplinary proceeding, including a decision referred to in section 272C.3, subsection 4, is a public record.  A licensing board shall not release personally identifiable information regarding a complaint without the express written permission of the complainant.
    Sec. 9.  NEW SECTION.  622.14  Licensed health professional —— investigative information.
   Disciplinary records of a person licensed pursuant to chapter 147 shall be admissible to the extent that they show a pattern of misconduct or a breach of professional duties.
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 the regulation of licensed health professionals. Prior to issuing a license to practice a health profession, the bill requires a health profession licensing board to consult the national practitioner data bank, the child abuse registry, and the sex offender registry for any information that would constitute grounds to decline to issue a license to an applicant. The bill also requires the department of inspections, appeals, and licensing to create an integrated database by July 1, 2026, that contains all information found in the national practitioner data bank and all state disciplinary records and actions, which shall be available to the public at no cost. The bill requires the integrated database to include a clearly identifiable function that identifies whether each licensee has had a complaint filed against the licensee for sexual misconduct or sexual assault, as defined in the bill, substance use, medical malpractice, or substandard practice. Upon the creation of the integrated database, the bill requires a health profession licensing board to consult the database before issuing a license to an applicant.
   If a health profession licensing board identifies a founded case of sexual misconduct against an applicant, the bill prohibits the board from issuing a license to the applicant unless 10 years have elapsed since the conduct giving rise to the case, and the applicant has completed a problematic sexualized behavior treatment program. If a health profession licensing board identifies a founded case of sexual misconduct against a current licensee, the bill requires the board to suspend the license of the licensee until 10 years have elapsed since the conduct giving rise to the case, and the licensee has completed a problematic sexualized behavior treatment program.
   The bill imposes on licensees a duty to report any other licensee that the licensee knows to have violated a law or rule regarding sexual misconduct, sexual assault, or substance use within five days of obtaining such knowledge to the relevant board. The bill requires each health profession licensing board to require each licensee to complete at least one hour of continuing education per licensure renewal cycle on the licensee’s duty to report.
   The bill requires a person who employs a licensed health professional to submit to the board who licenses the person information regarding all disciplinary actions taken against the licensee. Upon the receipt of a complaint against a licensee, the bill also requires a board to provide a copy of the complaint to the licensee’s employer, all insurance carriers who have billed for the licensee’s services in the past year, and the licensee’s medical malpractice insurance company, if applicable, if the board receives the express written permission of the complainant.
   The bill requires health profession licensing boards to take certain actions in response to the receipt of complaints on specified matters. For a complaint of sexual misconduct, a board shall require a licensee to practice under supervision until the conclusion of the board’s investigation. For a complaint of sexual assault, the board shall suspend the license of the licensee until the conclusion of the board’s investigation. The bill requires health profession licensing boards to prioritize investigations of complaints of sexual misconduct and sexual assault such that the average length of such investigations does not exceed 30 days. If a licensee is criminally charged with sexual abuse or human trafficking, a health profession licensing board shall immediately suspend the license of the licensee, and a board shall permanently revoke the license of a licensee who is convicted of sexual abuse or human trafficking. The bill requires a law enforcement officer to provide all information gathered pursuant to an investigation of a claim of sexual abuse or human trafficking against a licensee to the relevant licensing board if the law enforcement officer terminates the investigation without requesting that charges be filed, charges are dropped, or a conviction is overturned. The board shall then permanently revoke the license of a licensee if the board finds by a preponderance of the evidence that the underlying conduct occurred.
   The bill requires a licensed health professional who is practicing on a probationary basis to provide a written disclosure regarding the basis for the licensee’s probationary status to a person or the person’s guardian prior to providing services.
   Prior to granting a license to an applicant for a license to practice medicine and surgery or osteopathic medicine and surgery who has practiced in another state, the bill requires the board of medicine to obtain the complete disciplinary history of the applicant from each state in which the applicant has practiced and determine whether the history requires the board to decline to issue a license or complete an additional investigation before issuing a license. The bill allows the board of medicine to discipline a physician and surgeon or osteopathic physician and surgeon who is employed by a health insurer and denies a claim for any reason not supported by the sound medical judgment of the licensee.
   The bill removes the privileged and confidential status of files relating to a licensing board investigation of a licensee once the licensing board completes its investigation. The bill prohibits a licensing board from releasing investigative files containing personally identifiable information without the express written consent of the complainant.
   The bill makes disciplinary records of a licensed health professional admissible in a civil action to the extent that they show a pattern of misconduct or a breach of professional duties.