Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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29 18 subparagraph (4), Code 2009, is amended to read as follows:

29 19 (4) The majority of a hearing panel containing alternate

29 20 members shall be members licensed to practice under this

29 21 chapter.

29 22 Sec. 53. Section 148.3, subsection 2, Code 2009, is

29 23 amended to read as follows:

29 24 2. An application for a license shall be made to the board

29 25 of medicine. All license and renewal fees shall be paid to

29 26 and collected by the board and transmitted to the board.

29 27 Sec. 54. Section 148.6, subsection 2, paragraph h, Code

29 28 2009, is amended to read as follows:

29 29 h. (1) Inability to practice medicine and surgery or

29 30 osteopathic medicine and surgery with reasonable skill and

29 31 safety by reason of illness, drunkenness, excessive use of

29 32 drugs, narcotics, chemicals, or other type of material or as a

29 33 result of a mental or physical condition.

29 34 (1) The board may, upon probable cause, compel a physician

29 35 to submit to a mental or physical examination by designated


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30 1 physicians or to submit to alcohol or drug screening within a

30 2 time specified by the board.

30 3 (2) A person licensed to practice medicine and surgery or

30 4 osteopathic medicine and surgery who makes application for the

30 5 renewal of a license, as required by section 147.10, gives

30 6 consent to submit to a mental or physical examination as

30 7 provided by this paragraph "h" when directed in writing by the

30 8 board. All objections shall be waived as to the admissibility

30 9 of the an examining physicians' testimony or examination

30 10 reports on the grounds that they constitute privileged

30 11 communication. The medical testimony or examination reports

30 12 shall not be used against a physician in another proceeding

30 13 and shall be confidential, except for other actions filed

30 14 against a physician to revoke or suspend a license.

30 15 Sec. 55. Section 148.14, Code 2009, is amended to read as

30 16 follows:

30 17 148.14 BOARD OF MEDICINE INVESTIGATORS.

30 18 The board of medicine may appoint investigators, who shall

30 19 not be members of the board, and whose compensation shall be

30 20 determined pursuant to chapter 8A, subchapter IV.

30 21 Investigators appointed by the board have the powers and

30 22 status of peace officers when enforcing this chapter, chapter


30 23 147, and chapter 272C.

30 24 Sec. 56. Section 148A.7, Code 2009, is amended to read as

30 25 follows:

30 26 148A.7 FALSE USE OF TITLES PROHIBITED.

30 27 1. A person or business entity, including the employees,

30 28 agents, or representatives of the business entity, shall not

30 29 use in connection with that person's or business entity's

30 30 business activity the words "physical therapy", "physical

30 31 therapist", "licensed physical therapist", "registered

30 32 physical therapist", "doctor of physical therapy", "physical

30 33 therapist assistant", "licensed physical therapist assistant",

30 34 "registered physical therapist assistant", or the letters

30 35 "P.T.", "L.P.T.", "R.P.T.", "D.P.T.", "P.T.A.", "L.P.T.A.",
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31 1 "R.P.T.A.", or any other words, abbreviations, or insignia

31 2 indicating or implying that physical therapy is provided or

31 3 supplied, unless such services are provided by or under the

31 4 direction and supervision of a physical therapist licensed

31 5 pursuant to this chapter.

31 6 2. Notwithstanding section 147.74, a person or the owner,

31 7 officer, or agent of an entity that violates this section is

31 8 guilty of a serious misdemeanor, and a license to practice

31 9 shall be revoked or suspended pursuant to section 147.55.

31 10 3. This section shall not apply to the use of the term

31 11 "physiotherapy" by a provider licensed under this chapter,

31 12 chapter 151, or by an individual under the direction and

31 13 supervision of a provider licensed under this chapter or

31 14 chapter 151.

31 15 Sec. 57. Section 153.14, subsection 2, Code 2009, is

31 16 amended to read as follows:

31 17 2. Licensed "physicians and surgeons" or licensed

31 18 "osteopaths "osteopathic physicians and surgeons" who extract

31 19 teeth or treat diseases of the oral cavity, gums, teeth, or

31 20 maxillary bones as an incident to the general practice of

31 21 their profession.

31 22 Sec. 58. Section 154A.6, Code 2009, is amended to read as

31 23 follows:

31 24 154A.6 DISCLOSURE OF CONFIDENTIAL INFORMATION.

31 25 1. A member of the board shall not disclose information

31 26 relating to the following:

31 27 1. a. Criminal history or prior misconduct of the

31 28 applicant.

31 29 2. b. Information relating to the contents of the

31 30 examination.

31 31 3. c. Information relating to the examination results

31 32 other than final score except for information about the

31 33 results of an examination which is given to the person who

31 34 took the examination.

31 35 2. A member of the board who willfully communicates or
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32 1 seeks to communicate such information in violation of

32 2 subsection 1, and any person who willfully requests, obtains,

32 3 or seeks to obtain such information, is guilty of a simple

32 4 misdemeanor.

32 5 Sec. 59. Section 154B.5, Code 2009, is amended to read as

32 6 follows:

32 7 154B.5 SCOPE OF CHAPTER.

32 8 Nothing in this chapter shall be construed to prevent

32 9 qualified members of other professional groups such as

32 10 physicians, osteopaths osteopathic physicians, optometrists,

32 11 chiropractors, members of the clergy, authorized Christian

32 12 Science practitioners, attorneys at law, social workers or

32 13 guidance counselors from performing functions of a

32 14 psychological nature consistent with the accepted standards of

32 15 their respective professions, if they do not use any title or

32 16 description stating or implying that they are psychologists or

32 17 are certified to practice psychology.

32 18 Sec. 60. Section 154C.3, subsection 1, paragraph c,

32 19 subparagraph (5), Code 2009, is amended to read as follows:

32 20 (5) (a) Supervision shall be provided in any of the

32 21 following manners:

32 22 (a) (i) By a social worker licensed at least at the level

32 23 of the social worker being supervised and qualified under this

32 24 section to practice without supervision.

32 25 (b) (ii) By another qualified professional, if the board

32 26 determines that supervision by a social worker as defined in

32 27 subparagraph subdivision (a) (i) is unobtainable or in other

32 28 situations considered appropriate by the board.

32 29 (b) Additional standards for supervision shall be

32 30 determined by the board.

32 31 Sec. 61. Section 154F.2, subsection 1, paragraph a, Code

32 32 2009, is amended to read as follows:

32 33 a. Licensed physicians and surgeons, licensed osteopathic

32 34 physicians and surgeons, licensed physician assistants and

32 35 registered nurses acting under the supervision of a physician

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33 1 or osteopathic physician, persons conducting hearing tests

33 2 under the direct supervision of a licensed physician and

33 3 surgeon, or licensed osteopathic physician and surgeon, or

33 4 students of medicine or surgery or osteopathic medicine and

33 5 surgery pursuing a course of study in a medical school or

33 6 college of osteopathic medicine and surgery approved by the

33 7 board of medicine while performing functions incidental to

33 8 their course of study.

33 9 Sec. 62. Section 155.2, subsection 1, paragraph c, Code

33 10 2009, is amended to read as follows:

33 11 c. Two members who are not licensed nursing home

33 12 administrators or are not licensed persons under this chapter


33 13 and chapter 147 and who shall represent the general public.

33 14 The members shall be interested in the problems of elderly

33 15 patients and nursing home care, but shall have no financial

33 16 interest in any nursing home.

33 17 Sec. 63. Section 155.17, Code 2009, is amended to read as

33 18 follows:

33 19 155.17 DISCLOSURE OF CONFIDENTIAL INFORMATION.

33 20 1. A member of the board shall not disclose information

33 21 relating to the following:

33 22 1. a. Criminal history or prior misconduct of the

33 23 applicant.

33 24 2. b. Information relating to the contents of the

33 25 examination.

33 26 3. c. Information relating to the examination results

33 27 other than final score except for information about the

33 28 results of an examination which is given to the person who

33 29 took the examination.

33 30 2. A member of the board who willfully communicates or

33 31 seeks to communicate such information in violation of


33 32 subsection 1, and any person who willfully requests, obtains

33 33 or seeks to obtain such information, is guilty of a simple

33 34 misdemeanor.

33 35 Sec. 64. Section 155A.15, subsection 2, paragraph d, Code


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34 1 2009, is amended to read as follows:

34 2 d. Delivered without legal authorization prescription

34 3 drugs or devices to a person other than one of the following:

34 4 (1) A pharmacy licensed by the board.

34 5 (2) A practitioner.

34 6 (3) A person who procures prescription drugs or devices

34 7 for the purpose of lawful research, teaching, or testing, and

34 8 not for resale.

34 9 (4) A manufacturer or wholesaler licensed by the board.

34 10 (5) However, this chapter does not prohibit a pharmacy



34 11 from furnishing a prescription drug or device to a A licensed

34 12 health care facility which is furnished the drug or device by


34 13 a pharmacy for storage in secured emergency pharmaceutical

34 14 supplies containers maintained within the facility in

34 15 accordance with rules of the department of inspections and

34 16 appeals and rules of the board.

34 17 Sec. 65. Section 158.1, subsection 1, Code 2009, is

34 18 amended to read as follows:

34 19 1. "Barbering" means the practices listed in this

34 20 subsection performed with or without compensation. The


34 21 practices include "Barbering" includes but are is not limited

34 22 to the following practices performed upon the upper part of

34 23 the human body of any person for cosmetic purposes and not for

34 24 the treatment of disease or physical or mental ailments:

34 25 a. Shaving or trimming the beard or cutting the hair.

34 26 b. Giving facial and scalp massages or treatments with

34 27 oils, creams, lotions, or other preparations either by hand,

34 28 or by electrical or mechanical appliances.

34 29 c. Singeing, shampooing, hair body processing, arranging,

34 30 dressing, curling, blow waving, hair relaxing, bleaching or

34 31 coloring the hair, or applying hair tonics.

34 32 d. Applying cosmetic preparations, antiseptics, powders,

34 33 oils, clays, or lotions to scalp, face, or neck.

34 34 e. Styling, cutting or shampooing hairpieces or wigs when

34 35 done in conjunction with haircutting or hairstyling.
Senate File 449 - Introduced continued
35 1 Barbers shall not represent themselves to the public as

35 2 being primarily engaged in practices other than haircutting

35 3 unless the functions are in fact their primary function or


35 4 specialty.

35 5 Sec. 66. Section 158.2, unnumbered paragraph 1, Code 2009,

35 6 is amended to read as follows:

35 7 It is unlawful for a A person to shall not practice

35 8 barbering with or without compensation unless the person

35 9 possesses a license issued under the provisions of section

35 10 158.3. A person licensed under section 158.3 shall not

35 11 represent to the public that the person is primarily engaged

35 12 in practices other than haircutting unless the functions are

35 13 in fact the person's primary function or specialty. Practices

35 14 listed in section 158.1 when performed by the following

35 15 persons are not defined as practicing do not constitute

35 16 barbering:

35 17 Sec. 67. Section 159A.4, Code 2009, is amended to read as

35 18 follows:

35 19 159A.4 ADVISORY COMMITTEE.

35 20 1. A renewable fuels and coproducts advisory committee is

35 21 established within the department.

35 22 2. The committee shall be composed of include the

35 23 following persons voting members:

35 24 a. The following department representatives:

35 25 a. (1) The secretary, or a person designated by the

35 26 secretary, representing the department of agriculture and land

35 27 stewardship, who shall be the chairperson of the committee.

35 28 b. (2) The director of the Iowa department of economic

35 29 development, or a person designated by the director,

35 30 representing the Iowa department of economic development.

35 31 c. (3) The director of the state department of

35 32 transportation, or a person designated by the director,

35 33 representing the state department of transportation.

35 34 d. (4) The director of the department of natural

35 35 resources, or a person designated by the director,
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36 1 representing the department of natural resources.

36 2 b. The following persons, who shall be appointed by the



36 3 governor from lists of candidates provided by the


36 4 organizations represented:

36 5 e. (1) A person representing retail dealers as defined in

36 6 section 214A.1 who shall be actively engaged in the business

36 7 of selling motor fuel on a retail basis.

36 8 f. (2) A person representing refiners of petroleum

36 9 products who shall be actively engaged in the business of

36 10 refining petroleum into motor fuel for the purpose of sale

36 11 within the state.

36 12 g. (3) A person representing an organization serving

36 13 livestock producers in this state.

36 14 h. (4) A person representing the Iowa corn growers

36 15 association.

36 16 i. (5) A person representing the Iowa soybean

36 17 association.

36 18 j. (6) A person actively engaged in farming, as defined

36 19 in section 9H.1.

36 20 k. (7) A person representing the renewable fuels industry

36 21 in this state.

36 22 c. The governor shall appoint persons who Members

36 23 appointed by the governor shall be confirmed by the senate,

36 24 pursuant to section 2.32, to serve as voting members of the


36 25 committee. However, the secretary of agriculture shall

36 26 appoint the person representing the department of agriculture

36 27 and land stewardship, the director of the Iowa department of

36 28 economic development shall appoint the person representing

36 29 that department, the director of the state department of

36 30 transportation shall appoint the person representing that

36 31 department, and the director of the department of natural

36 32 resources shall appoint the person representing that

36 33 department. The governor may make appointments of persons

36 34 representing organizations listed under paragraphs "g" through

36 35 "i" from a list of candidates which shall be provided by the
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37 1 organization upon request by the governor.

37 2 2. The members appointed pursuant to subsection 1,


37 3 paragraphs "e" through "k", and shall serve three=year terms

37 4 beginning and ending as provided in section 69.19. However,

37 5 the governor shall appoint initial members to serve for less

37 6 than three years to ensure members serve staggered terms. A


37 7 member is eligible for reappointment. A vacancy on the

37 8 committee shall be filled for the unexpired portion of the

37 9 regular term in the same manner as regular appointments are

37 10 made.

37 11 3. The committee shall also include four ex officio

37 12 nonvoting members who shall be legislative members. The

37 13 legislative members are two state senators, one appointed by

37 14 the president of the senate, after consultation with the

37 15 majority leader of the senate, and one appointed by the

37 16 minority leader of the senate, after consultation with the

37 17 president of the senate, from their respective parties; and

37 18 two state representatives, one appointed by the speaker of the

37 19 house of representatives, after consultation with the majority

37 20 leader of the house of representatives, and one appointed by

37 21 the minority leader of the house of representatives, from

37 22 their respective parties.

37 23 4. A member is eligible for reappointment. A vacancy on


37 24 the committee shall be filled for the unexpired portion of the


37 25 regular term in the same manner as regular appointments are

37 26 made. A vacancy in the membership of the committee does not

37 27 impair the ability of the committee to carry out committee

37 28 duties.

37 29 4. 5. The committee shall meet on a regular basis and at

37 30 the call of the chairperson or upon the written request to the

37 31 chairperson of two or more voting members.

37 32 5. The members other than those enumerated in subsection

37 33 1, paragraphs "a" through "d", are entitled to receive

37 34 compensation as provided in section 7E.6.

37 35 6. Five voting members constitute a quorum and the


Senate File 449 - Introduced continued
38 1 affirmative vote of a majority of the voting members present

38 2 is necessary for any substantive action to be taken by the

38 3 committee. The majority shall not include any member who has

38 4 a conflict of interest and a statement by a member that the

38 5 member has a conflict of interest is conclusive for this

38 6 purpose. A vacancy in the membership does not impair the


38 7 duties of the committee.

38 8 7. The members other than those enumerated in subsection


38 9 2, paragraph "a", are entitled to receive compensation as

38 10 provided in section 7E.6.

38 11 7. 8. The committee shall be staffed by the agricultural

38 12 marketing division of the department. The coordinator shall

38 13 serve as secretary to the committee.

38 14 Sec. 68. Section 161.1, Code 2009, is amended to read as

38 15 follows:

38 16 161.1 TITLE.

38 17 This section chapter shall be known and may be cited as the

38 18 "Iowa Agrichemical Remediation Act".

38 19 Sec. 69. Section 161F.6, Code 2009, is amended to read as

38 20 follows:

38 21 161F.6 CHAPTERS MADE APPLICABLE.

38 22 1. In the organization, operation, and financing of

38 23 districts established under this chapter, the provisions of

38 24 chapter 468 shall apply and any procedure provided under

38 25 chapter 468 in connection with the organization, financing,

38 26 and operation of any drainage district shall apply to the

38 27 organization, financing, and operation of districts organized

38 28 under this chapter.

38 29 2. Wherever any of the provisions of said chapters refer


38 30 to the word "drainage", the word As used in this chapter or

38 31 chapter 468:

38 32 a. "Drainage" shall be deemed to include in its meaning

38 33 soil erosion and flood control or any combination of drainage,

38 34 flood control, and soil erosion control. The term "drainage



38 35 district" shall be considered to include districts having as
Senate File 449 - Introduced continued
39 1 their purpose soil conservancy or flood control or any

39 2 combination thereof, and the words "drainage certificates"

39 3 b. "Drainage certificates" or "drainage bonds" shall be

39 4 deemed to include certificates or bonds issued in behalf of

39 5 any district organized under the provisions of this chapter;



39 6 and any procedure provided by these chapters in connection

39 7 with the organization, financing and operation of any drainage




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