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Senate Study Bill 3159 - IntroducedA Bill ForAn Act 1relating to noncompetition agreements and mental health
2and disability services contracts with a state board of
3regents institution.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 262.70, Code 2020, is amended to read as
2follows:
3262.70 Education, prevention, and research programs in mental
4health and disability services.
51. The division of mental health and disability services of
6the department of human services may contract with the board
7of regents or any institution under the board’s jurisdiction
8to establish and maintain programs of education, prevention,
9and research in the fields of mental health, intellectual
10disability, developmental disabilities, and brain injury. The
11board may delegate responsibility for these programs to the
12state psychiatric hospital, the university hospital, or any
13other appropriate entity under the board’s jurisdiction.
142. A noncompetition agreement restricting the ability
15of a current or former employee of a state board of regents
16institution to engage in contract mental health services
17while employed at a state board of regents institution or
18for a period of time after termination of employment from a
19state board of regents institution shall be unenforceable if
20the current or former employee is a qualified health care
21professional prescriber providing contract mental health
22services in an identified mental health professional shortage
23area.
243. A current employer of a state board of regents
25institution shall not construe a noncompetition agreement or
26any other agreement restricting the employment of an employee
27who is a qualified health care professional prescriber to
28prohibit the employee from providing contract mental health
29services in an identified mental health professional shortage
30area while employed at a board of regents institution.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to noncompetition agreements and mental
35health and disability services contracts with a state board of
-1-1regents institution.
2The bill provides that a noncompetition agreement
3restricting the ability of a current or former employee of
4a state board of regents institution to engage in contract
5mental health services while employed at a state board of
6regents institution or for a period of time after termination
7of employment from a state board of regents institution
8shall be unenforceable if the current or former employee is
9a qualified health care professional prescriber providing
10contract services in an identified mental health professional
11shortage area. The bill also provides that a current employer
12of a state board of regents institution shall not construe a
13noncompetition agreement or any other agreement restricting
14the employment of an employee who is a qualified health care
15professional prescriber to prohibit the employee from providing
16contract mental health services in an identified mental health
17professional shortage area while employed at a board of regents
18institution.
-2-as/rh
2and disability services contracts with a state board of
3regents institution.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 262.70, Code 2020, is amended to read as
2follows:
3262.70 Education, prevention, and research programs in mental
4health and disability services.
51. The division of mental health and disability services of
6the department of human services may contract with the board
7of regents or any institution under the board’s jurisdiction
8to establish and maintain programs of education, prevention,
9and research in the fields of mental health, intellectual
10disability, developmental disabilities, and brain injury. The
11board may delegate responsibility for these programs to the
12state psychiatric hospital, the university hospital, or any
13other appropriate entity under the board’s jurisdiction.
142. A noncompetition agreement restricting the ability
15of a current or former employee of a state board of regents
16institution to engage in contract mental health services
17while employed at a state board of regents institution or
18for a period of time after termination of employment from a
19state board of regents institution shall be unenforceable if
20the current or former employee is a qualified health care
21professional prescriber providing contract mental health
22services in an identified mental health professional shortage
23area.
243. A current employer of a state board of regents
25institution shall not construe a noncompetition agreement or
26any other agreement restricting the employment of an employee
27who is a qualified health care professional prescriber to
28prohibit the employee from providing contract mental health
29services in an identified mental health professional shortage
30area while employed at a board of regents institution.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to noncompetition agreements and mental
35health and disability services contracts with a state board of
-1-1regents institution.
2The bill provides that a noncompetition agreement
3restricting the ability of a current or former employee of
4a state board of regents institution to engage in contract
5mental health services while employed at a state board of
6regents institution or for a period of time after termination
7of employment from a state board of regents institution
8shall be unenforceable if the current or former employee is
9a qualified health care professional prescriber providing
10contract services in an identified mental health professional
11shortage area. The bill also provides that a current employer
12of a state board of regents institution shall not construe a
13noncompetition agreement or any other agreement restricting
14the employment of an employee who is a qualified health care
15professional prescriber to prohibit the employee from providing
16contract mental health services in an identified mental health
17professional shortage area while employed at a board of regents
18institution.
-2-as/rh