Read the full stored bill text
Senate
File
210
-
Introduced
SENATE
FILE
210
BY
PETERSEN
A
BILL
FOR
An
Act
relating
to
the
licensing,
regulation,
and
discipline
of
1
licensed
health
professionals.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
147.11A
Issuance
of
licenses
——
1
investigation
——
suspension.
2
1.
a.
Prior
to
issuing
a
license
to
an
applicant,
a
board
3
shall
conduct
a
search
of
the
national
practitioner
data
bank
4
to
review
the
available
record
and
determine
whether
the
5
information
in
the
data
bank
constitutes
grounds
to
decline
to
6
issue
a
license
to
an
applicant
or
to
conduct
an
additional
7
investigation
of
the
applicant
prior
to
issuing
a
license.
8
b.
Beginning
on
July
1,
2026,
prior
to
issuing
a
license
9
to
an
applicant,
a
board
shall
conduct
a
search
of
the
10
integrated
database
created
pursuant
to
subsection
3
to
review
11
the
available
record
and
determine
whether
the
information
12
in
the
integrated
database
constitutes
grounds
to
decline
to
13
issue
a
license
to
an
applicant
or
to
conduct
an
additional
14
investigation
of
the
applicant
prior
to
issuing
a
license.
15
2.
Prior
to
issuing
a
license
to
an
applicant,
the
board
16
shall
conduct
a
search
of
the
child
abuse
registry
and
sex
17
offender
registry.
Notwithstanding
any
other
provision
of
18
law
to
the
contrary,
if
either
search
results
in
a
positive
19
identification
of
the
applicant,
the
board
shall
not
issue
a
20
license
to
the
applicant.
21
3.
No
later
than
July
1,
2026,
the
department
of
22
inspections,
appeals,
and
licensing
shall
create
and
make
23
available
to
the
public
at
no
cost
an
integrated
online
24
database
of
all
licensees,
including
all
records
available
25
through
the
national
practitioner
data
bank
and
all
state
26
disciplinary
actions
and
records.
The
integrated
database
27
shall
include
a
clearly
identifiable
function
that
identifies
28
whether
each
licensee
has
had
a
complaint
filed
against
the
29
licensee
for
sexual
misconduct
or
sexual
assault,
as
those
30
terms
are
defined
in
section
147.58,
substance
use,
medical
31
malpractice,
or
substandard
practice.
32
4.
If
a
board
identifies
a
founded
case
of
sexual
33
misconduct,
as
defined
in
section
147.58,
by
an
applicant
for
a
34
license,
the
board
shall
not
issue
a
license
to
the
applicant
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unless
ten
years
have
elapsed
since
the
conduct
giving
rise
1
to
the
case,
and
the
applicant
has
completed
a
problematic
2
sexualized
behavior
treatment
program.
3
5.
If
a
board
identifies
a
founded
case
of
sexual
4
misconduct,
as
defined
in
section
147.58,
by
a
licensee,
the
5
board
shall
immediately
suspend
the
license
of
the
licensee
6
until
ten
years
have
elapsed
since
the
conduct
giving
rise
7
to
the
case,
and
the
licensee
has
completed
a
problematic
8
sexualized
behavior
treatment
program.
9
Sec.
2.
NEW
SECTION
.
147.11B
Duty
to
report
——
continuing
10
education.
11
A
licensee
shall
report
any
other
licensee
to
the
relevant
12
board
that
the
licensee
knows
to
have
violated
a
law
or
rule
13
regarding
sexual
misconduct,
sexual
assault,
or
substance
use
14
within
five
days
of
obtaining
such
knowledge.
Each
board
15
shall
require
each
licensee
to
complete
at
least
one
hour
16
of
continuing
education
per
licensure
renewal
cycle
on
the
17
licensee’s
duty
to
report.
A
failure
to
report
as
required
by
18
this
section
shall
constitute
grounds
for
discipline.
19
Sec.
3.
NEW
SECTION
.
147.57
Employee
discipline
——
20
insurance
——
reporting.
21
1.
Each
person
who
employs
a
licensee
shall
submit
to
22
the
board
who
licenses
the
person
information
regarding
all
23
disciplinary
actions
taken
against
the
licensee.
24
2.
Upon
the
receipt
of
a
complaint
against
a
licensee,
a
25
board
shall
provide
a
copy
of
the
complaint
to
the
licensee’s
26
employer,
all
insurance
carriers
who
have
billed
for
the
27
licensee’s
services
in
the
past
year,
and
the
licensee’s
28
medical
malpractice
insurance
company,
if
applicable,
if
29
the
board
receives
the
express
written
permission
of
the
30
complainant.
31
Sec.
4.
NEW
SECTION
.
147.58
Licensee
discipline
——
32
problematic
sexual
behavior.
33
1.
For
the
purposes
of
this
section:
34
a.
“Sexual
assault”
means
any
type
of
sexual
activity
or
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contact
without
consent,
including
through
use
of
physical
1
force,
threats
of
force,
coercion,
and
manipulation.
2
b.
“Sexual
misconduct”
means
a
behavior
that
exploits
the
3
health
professional-patient
relationship
in
a
sexual
way.
4
Sexual
behavior
may
be
verbal
or
physical,
can
occur
in
person
5
or
virtually,
and
may
include
expressions
of
thoughts
and
6
feelings
or
gestures
that
are
of
a
sexual
nature
or
that
a
7
patient
or
surrogate
may
reasonably
construe
as
sexual.
“Sexual
8
misconduct”
includes
gestures
or
language
that
are
seductive,
9
sexually
suggestive,
or
sexually
demeaning
to
a
patient.
10
2.
Upon
receipt
of
a
complaint
of
sexual
misconduct
against
11
a
licensee,
a
board
shall
issue
a
probationary
order
against
12
the
licensee
requiring
supervised
practice
until
the
board
has
13
completed
its
investigation
of
the
complaint.
14
3.
Upon
receipt
of
a
complaint
of
sexual
assault
against
a
15
licensee,
a
board
shall
immediately
suspend
the
license
of
the
16
licensee
until
the
board
has
completed
its
investigation
of
the
17
complaint.
18
4.
Each
board
shall
prioritize
investigations
of
sexual
19
misconduct
and
sexual
assault
such
that,
on
average,
20
investigation
takes
no
longer
than
thirty
days
after
the
date
21
of
receipt
of
the
complaint.
22
5.
a.
A
board
shall
immediately
suspend
the
license
of
23
a
licensee
charged
with
a
sexual
abuse
offense
under
chapter
24
709,
or
a
human
trafficking
offense
under
chapter
710A,
or
a
25
substantially
similar
statute
in
another
state,
regardless
of
26
whether
the
activity
occurred
within
the
scope
of
practice
of
27
the
licensed
profession.
28
b.
A
board
shall
permanently
revoke
the
license
of
a
29
licensee
convicted
of
a
sexual
abuse
offense
under
chapter
30
709,
or
a
human
trafficking
offense
under
chapter
710A,
or
a
31
substantially
similar
statute
in
another
state,
regardless
of
32
whether
the
activity
occurred
within
the
scope
of
practice
of
33
the
licensed
profession.
A
board
shall
not
reinstate
a
license
34
revoked
pursuant
to
this
paragraph
unless
the
conviction
is
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reversed
or
overturned.
1
6.
a.
A
law
enforcement
officer
shall
provide
all
2
information
gathered
pursuant
to
an
investigation
of
a
sexual
3
abuse
offense
under
chapter
709,
or
a
human
trafficking
offense
4
under
chapter
710A,
allegedly
committed
by
a
licensee
to
each
5
board
who
licenses
the
licensee
if
the
law
enforcement
officer
6
terminates
the
investigation
without
requesting
that
charges
7
be
filed,
charges
against
the
licensee
are
dropped,
or
the
8
conviction
of
the
licensee
is
overturned.
9
b.
A
board
that
receives
investigative
information
submitted
10
pursuant
to
paragraph
“a”
shall
permanently
revoke
the
license
11
of
a
licensee
if
the
board
finds
by
a
preponderance
of
the
12
evidence
that
the
sexual
abuse
offense
under
chapter
709
or
13
human
trafficking
offense
under
chapter
710A
occurred.
The
14
board
may
also
utilize
information
submitted
pursuant
to
15
paragraph
“a”
as
the
basis
of
other
disciplinary
action
that
the
16
board
may
impose
as
provided
by
rule
or
law.
17
Sec.
5.
NEW
SECTION
.
147.59
Disclosure
of
probationary
18
status.
19
A
licensee
who
is
practicing
on
a
probationary
basis
shall
20
provide
a
written
disclosure
regarding
the
basis
for
the
21
licensee’s
probationary
status
to
a
person
or
the
person’s
22
guardian
or
third-party
representative,
as
applicable,
prior
to
23
providing
a
service
to
the
person.
24
Sec.
6.
Section
148.3,
Code
2025,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
5.
Prior
to
granting
a
license
to
an
27
applicant
for
a
license
to
practice
medicine
and
surgery
or
28
osteopathic
medicine
and
surgery
who
has
practiced
in
another
29
state,
the
board
shall
obtain
disciplinary
history
from
each
30
state
in
which
the
applicant
has
practiced,
which
shall
include
31
information
from
cases
that
have
not
been
fully
adjudicated.
32
The
board
shall
review
the
data
obtained
pursuant
to
this
33
subsection
and
determine
whether
the
data
requires
the
board
34
to
decline
to
issue
a
license
or
to
conduct
an
additional
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investigation
prior
to
issuing
a
license.
1
Sec.
7.
Section
148.6,
subsection
2,
Code
2025,
is
amended
2
by
adding
the
following
new
paragraph:
3
NEW
PARAGRAPH
.
i.
For
a
licensee
employed
by
a
health
4
insurer,
denying
a
claim
for
any
reason
not
supported
by
the
5
sound
medical
judgment
of
the
licensee.
6
Sec.
8.
Section
272C.6,
subsection
4,
paragraph
a,
Code
7
2025,
is
amended
to
read
as
follows:
8
a.
In
order
to
assure
a
free
flow
of
information
for
9
accomplishing
the
purposes
of
this
section
,
and
notwithstanding
10
section
622.10
,
all
complaint
files,
investigation
files,
other
11
investigation
reports,
and
other
investigative
information
in
12
the
possession
of
a
licensing
board
or
peer
review
committee
13
acting
under
the
authority
of
a
licensing
board
or
its
14
employees
or
agents
which
relates
to
licensee
discipline
15
are
privileged
and
confidential
until
the
conclusion
of
the
16
investigation
,
and
are
not
subject
to
discovery,
subpoena,
or
17
other
means
of
legal
compulsion
for
their
release
to
a
person
18
other
than
the
licensee
and
the
boards,
their
employees
and
19
agents
involved
in
licensee
discipline,
and
are
not
admissible
20
in
evidence
in
a
judicial
or
administrative
proceeding
other
21
than
the
proceeding
involving
licensee
discipline
until
the
22
conclusion
of
the
investigation
.
However,
investigative
23
information
in
the
possession
of
a
licensing
board
or
its
24
employees
or
agents
which
relates
to
licensee
discipline
may
25
be
disclosed
to
appropriate
licensing
authorities
within
this
26
state,
the
appropriate
licensing
authority
in
another
state,
27
the
coordinated
licensure
information
system
provided
for
in
28
the
nurse
licensure
compact
contained
in
section
152E.1
or
29
the
advanced
practice
registered
nurse
compact
contained
in
30
section
152E.3
,
the
District
of
Columbia,
or
a
territory
or
31
country
in
which
the
licensee
is
licensed
or
has
applied
for
a
32
license.
If
the
investigative
information
in
the
possession
33
of
a
licensing
board
or
its
employees
or
agents
indicates
a
34
crime
has
been
committed,
the
information
shall
be
reported
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to
the
proper
law
enforcement
agency.
However,
a
final
1
written
decision
and
finding
of
fact
of
a
licensing
board
in
a
2
disciplinary
proceeding,
including
a
decision
referred
to
in
3
section
272C.3,
subsection
4
,
is
a
public
record.
A
licensing
4
board
shall
not
release
personally
identifiable
information
5
regarding
a
complaint
without
the
express
written
permission
6
of
the
complainant.
7
Sec.
9.
NEW
SECTION
.
622.14
Licensed
health
professional
8
——
investigative
information.
9
Disciplinary
records
of
a
person
licensed
pursuant
to
10
chapter
147
shall
be
admissible
to
the
extent
that
they
show
a
11
pattern
of
misconduct
or
a
breach
of
professional
duties.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
the
regulation
of
licensed
health
16
professionals.
Prior
to
issuing
a
license
to
practice
a
17
health
profession,
the
bill
requires
a
health
profession
18
licensing
board
to
consult
the
national
practitioner
data
bank,
19
the
child
abuse
registry,
and
the
sex
offender
registry
for
20
any
information
that
would
constitute
grounds
to
decline
to
21
issue
a
license
to
an
applicant.
The
bill
also
requires
the
22
department
of
inspections,
appeals,
and
licensing
to
create
23
an
integrated
database
by
July
1,
2026,
that
contains
all
24
information
found
in
the
national
practitioner
data
bank
and
25
all
state
disciplinary
records
and
actions,
which
shall
be
26
available
to
the
public
at
no
cost.
The
bill
requires
the
27
integrated
database
to
include
a
clearly
identifiable
function
28
that
identifies
whether
each
licensee
has
had
a
complaint
filed
29
against
the
licensee
for
sexual
misconduct
or
sexual
assault,
30
as
defined
in
the
bill,
substance
use,
medical
malpractice,
31
or
substandard
practice.
Upon
the
creation
of
the
integrated
32
database,
the
bill
requires
a
health
profession
licensing
33
board
to
consult
the
database
before
issuing
a
license
to
an
34
applicant.
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If
a
health
profession
licensing
board
identifies
a
founded
1
case
of
sexual
misconduct
against
an
applicant,
the
bill
2
prohibits
the
board
from
issuing
a
license
to
the
applicant
3
unless
10
years
have
elapsed
since
the
conduct
giving
rise
4
to
the
case,
and
the
applicant
has
completed
a
problematic
5
sexualized
behavior
treatment
program.
If
a
health
profession
6
licensing
board
identifies
a
founded
case
of
sexual
misconduct
7
against
a
current
licensee,
the
bill
requires
the
board
to
8
suspend
the
license
of
the
licensee
until
10
years
have
elapsed
9
since
the
conduct
giving
rise
to
the
case,
and
the
licensee
has
10
completed
a
problematic
sexualized
behavior
treatment
program.
11
The
bill
imposes
on
licensees
a
duty
to
report
any
other
12
licensee
that
the
licensee
knows
to
have
violated
a
law
or
rule
13
regarding
sexual
misconduct,
sexual
assault,
or
substance
use
14
within
five
days
of
obtaining
such
knowledge
to
the
relevant
15
board.
The
bill
requires
each
health
profession
licensing
16
board
to
require
each
licensee
to
complete
at
least
one
hour
17
of
continuing
education
per
licensure
renewal
cycle
on
the
18
licensee’s
duty
to
report.
19
The
bill
requires
a
person
who
employs
a
licensed
health
20
professional
to
submit
to
the
board
who
licenses
the
person
21
information
regarding
all
disciplinary
actions
taken
against
22
the
licensee.
Upon
the
receipt
of
a
complaint
against
a
23
licensee,
the
bill
also
requires
a
board
to
provide
a
copy
24
of
the
complaint
to
the
licensee’s
employer,
all
insurance
25
carriers
who
have
billed
for
the
licensee’s
services
in
the
26
past
year,
and
the
licensee’s
medical
malpractice
insurance
27
company,
if
applicable,
if
the
board
receives
the
express
28
written
permission
of
the
complainant.
29
The
bill
requires
health
profession
licensing
boards
to
take
30
certain
actions
in
response
to
the
receipt
of
complaints
on
31
specified
matters.
For
a
complaint
of
sexual
misconduct,
a
32
board
shall
require
a
licensee
to
practice
under
supervision
33
until
the
conclusion
of
the
board’s
investigation.
For
a
34
complaint
of
sexual
assault,
the
board
shall
suspend
the
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license
of
the
licensee
until
the
conclusion
of
the
board’s
1
investigation.
The
bill
requires
health
profession
licensing
2
boards
to
prioritize
investigations
of
complaints
of
sexual
3
misconduct
and
sexual
assault
such
that
the
average
length
of
4
such
investigations
does
not
exceed
30
days.
If
a
licensee
is
5
criminally
charged
with
sexual
abuse
or
human
trafficking,
a
6
health
profession
licensing
board
shall
immediately
suspend
the
7
license
of
the
licensee,
and
a
board
shall
permanently
revoke
8
the
license
of
a
licensee
who
is
convicted
of
sexual
abuse
9
or
human
trafficking.
The
bill
requires
a
law
enforcement
10
officer
to
provide
all
information
gathered
pursuant
to
an
11
investigation
of
a
claim
of
sexual
abuse
or
human
trafficking
12
against
a
licensee
to
the
relevant
licensing
board
if
the
13
law
enforcement
officer
terminates
the
investigation
without
14
requesting
that
charges
be
filed,
charges
are
dropped,
or
a
15
conviction
is
overturned.
The
board
shall
then
permanently
16
revoke
the
license
of
a
licensee
if
the
board
finds
by
a
17
preponderance
of
the
evidence
that
the
underlying
conduct
18
occurred.
19
The
bill
requires
a
licensed
health
professional
who
20
is
practicing
on
a
probationary
basis
to
provide
a
written
21
disclosure
regarding
the
basis
for
the
licensee’s
probationary
22
status
to
a
person
or
the
person’s
guardian
prior
to
providing
23
services.
24
Prior
to
granting
a
license
to
an
applicant
for
a
license
25
to
practice
medicine
and
surgery
or
osteopathic
medicine
and
26
surgery
who
has
practiced
in
another
state,
the
bill
requires
27
the
board
of
medicine
to
obtain
the
complete
disciplinary
28
history
of
the
applicant
from
each
state
in
which
the
applicant
29
has
practiced
and
determine
whether
the
history
requires
the
30
board
to
decline
to
issue
a
license
or
complete
an
additional
31
investigation
before
issuing
a
license.
The
bill
allows
the
32
board
of
medicine
to
discipline
a
physician
and
surgeon
or
33
osteopathic
physician
and
surgeon
who
is
employed
by
a
health
34
insurer
and
denies
a
claim
for
any
reason
not
supported
by
the
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sound
medical
judgment
of
the
licensee.
1
The
bill
removes
the
privileged
and
confidential
status
of
2
files
relating
to
a
licensing
board
investigation
of
a
licensee
3
once
the
licensing
board
completes
its
investigation.
The
bill
4
prohibits
a
licensing
board
from
releasing
investigative
files
5
containing
personally
identifiable
information
without
the
6
express
written
consent
of
the
complainant.
7
The
bill
makes
disciplinary
records
of
a
licensed
health
8
professional
admissible
in
a
civil
action
to
the
extent
that
9
they
show
a
pattern
of
misconduct
or
a
breach
of
professional
10
duties.
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