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Amendments › SF 2385

Amendment H-8333 to SF 2385

Relating to boards, commissions, committees, councils, and other entities of state government, and including effective date and transition provisions

Adopted · April 16, 2024Vote: 56 yeas, 40 nays

Filed April 16, 2024 in the House by

What it changes

  1. Page 151, line 23, by striking “153.33A,”
  2. Page 229, after line 8 by inserting: “DIVISION ___ BOARD OF BEHAVIORAL HEALTH PROFESSIONALS Sec. ___. Section 135.24, subsection 2, paragraph a, Code 2024, is amended to read as follows: a. Procedures for registration of health care providers deemed qualified by the board of medicine, the board of physician assistants, the dental board, the board of nursing, the board of chiropractic, the board of psychology, the board of social work, the board of behavioral science health professionals , the board of pharmacy, the board of optometry, the board of podiatry, the board of physical and occupational therapy, the board of respiratory care and polysomnography, and the department of inspections, appeals, and licensing, as applicable. Sec. ___. Section 147.13, subsection 3, Code 2024, is amended to read as follows:
  3. For psychology, social work, applied behavior analysis, marital and family therapy, and mental health counseling, the board of psychology behavioral health professionals . Sec. ___. Section 147.13, subsections 14 and 15, Code 2024, are amended by striking the subsections. Sec. ___. Section 147.14, subsection 1, paragraph f, Code 2024, is amended to read as follows: f. (1) For psychology behavioral health professionals , five two members who are licensed to practice psychology , two members who are licensed to practice social work as a master social worker or independent social worker, one member licensed to practice marital and family therapy, one member licensed to practice mental health counseling, one member licensed as a behavior analyst, and two members one member not licensed to practice psychology , practice psychology, social work, -1- H 8325.4264 (2) 90 ss/ns 1/ 11 marital and family therapy, or mental health counseling, or as a behavior analyst, and who shall represent the general public. Of the five members who are licensed to practice psychology, one member shall be primarily engaged in graduate teaching in psychology or primarily engaged in research psychology, three members shall be persons who render services in psychology, and one member shall represent areas of applied psychology and may be affiliated with training institutions and shall devote a major part of the member’s time to rendering service in psychology. (2) The board of behavioral health professionals shall establish an advisory committee of psychology, an advisory committee of social workers, and an advisory committee of mental health counselors, marital and family therapists, and behavior analysts to provide recommendations to the board on license reviews and implementation of state laws and administrative rules. Each advisory committee shall be comprised of at least five individuals licensed in the profession or professions about which the advisory committee provides recommendations. Sec. ___. Section 147.14, subsection 1, paragraphs l and r, Code 2024, are amended by striking the paragraphs. Sec. ___. Section 147.107, subsection 2, paragraph a, Code 2024, is amended to read as follows: a. A prescriber who dispenses prescription drugs, including but not limited to controlled substances, for human use, may delegate nonjudgmental dispensing functions to staff assistants only when verification of the accuracy and completeness of the dispensing is determined by the practitioner in the practitioner’s physical presence. However, the physical presence requirement does not apply when a practitioner is utilizing an automated dispensing system. When using an automated dispensing system, the practitioner shall utilize an internal quality control assurance plan that ensures accuracy for dispensing. Verification of automated dispensing accuracy -2- H 8325.4264 (2) 90 ss/ns 2/ 11 and completeness remains the responsibility of the practitioner and shall be determined in accordance with rules adopted by the board of medicine, the dental board, the board of podiatry, and the board of psychology behavioral health professionals for their respective licensees. Sec. ___. Section 147.161, subsection 1, paragraph b, subparagraph (2), Code 2024, is amended to read as follows: (2) Licensed master social workers with a current and active supervision plan on file with the board of social work behavioral health professionals . Sec. ___. Section 148.13A, unnumbered paragraph 1, Code 2024, is amended to read as follows: The board of medicine shall, in consultation with the board of psychology behavioral health professionals , establish by rule all of the following: Sec. ___. Section 148.13B, subsection 1, unnumbered paragraph 1, Code 2024, is amended to read as follows: The board of medicine and the board of psychology behavioral health professionals shall adopt joint rules in regard to the following: Sec. ___. Section 148.13B, subsection 3, Code 2024, is amended to read as follows:
  4. The joint rules, and any amendments thereto, adopted by the board of medicine and the board of psychology behavioral health professionals pursuant to this section and section 154B.14 shall only be adopted by agreement of both boards through a joint rule-making process. Sec. ___. Section 154B.1, subsections 1 and 5, Code 2024, are amended to read as follows:
  5. “Board” means the board of psychology behavioral health professionals created under chapter 147 .
  6. “Physician” means a person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state in family medicine, internal medicine, pediatrics, psychiatry, or another specialty who prescribes medications for the -3- H 8325.4264 (2) 90 ss/ns 3/ 11 treatment of a mental disorder to patients in the normal course of the person’s clinical medical practice pursuant to joint rules adopted by the board of psychology behavioral health professionals and the board of medicine. Sec. ___. Section 154B.9, subsection 3, Code 2024, is amended to read as follows:
  7. A prescribing psychologist may prescribe psychotropic medication pursuant to joint rules adopted by the board of psychology behavioral health professionals and the board of medicine and the provisions of this chapter . Sec. ___. Section 154B.10, subsection 1, paragraphs b, c, d, e, and g, Code 2024, are amended to read as follows: b. Completed pharmacological training from an institution approved by the board of psychology and the board of medicine or from a provider of continuing education approved by the board of psychology behavioral health professionals and the board of medicine pursuant to joint rules adopted by both boards. c. Passed a national certification examination approved by the board of psychology behavioral health professionals and the board of medicine that tested the applicant’s knowledge of pharmacology in the diagnosis, care, and treatment of mental disorders. d. Successfully completed a postdoctoral master of science degree in clinical psychopharmacology approved by the board of psychology behavioral health professionals and the board of medicine pursuant to joint rules adopted by both boards. The program shall at a minimum include coursework in neuroscience, pharmacology, psychopharmacology, physiology, and appropriate and relevant physical and laboratory assessments. e. Has been certified by the applicant’s supervising physician as having successfully completed a supervised and relevant clinical experience in clinical assessment and pathophysiology and an additional supervised practicum treating patients with mental disorders. The practica shall have been -4- H 8325.4264 (2) 90 ss/ns 4/ 11 supervised by a trained physician. The board of psychology behavioral health professionals and the board of medicine, pursuant to joint rules adopted by the boards, shall determine sufficient practica to competently train the applicant in the treatment of a diverse patient population. g. Meets all other requirements, as determined by joint rules adopted by the board of psychology behavioral health professionals and the board of medicine, for obtaining a conditional prescription certificate. Sec. ___. Section 154B.10, subsection 3, paragraph d, Code 2024, is amended to read as follows: d. Any other rules adopted jointly by the board of psychology behavioral health professionals and the board of medicine. Sec. ___. Section 154B.11, subsection 1, paragraph d, Code 2024, is amended to read as follows: d. Meets all other requirements, as determined by rules adopted by the board, for obtaining a prescription certificate, including joint rules adopted by the board of psychology behavioral health professionals and the board of medicine. Sec. ___. Section 154B.11, subsection 2, paragraph d, Code 2024, is amended to read as follows: d. Any other rules adopted jointly by the board of psychology behavioral health professionals and the board of medicine. Sec. ___. Section 154B.12, subsection 1, Code 2024, is amended to read as follows:
  8. A prescribing psychologist or a psychologist with a conditional prescription certificate may administer and prescribe psychotropic medication within the scope of the psychologist’s profession, including the ordering and review of laboratory tests in conjunction with the prescription, for the treatment of mental disorders. Such prescribing practices shall be governed by joint rules adopted by the board of psychology behavioral health professionals and the board of -5- H 8325.4264 (2) 90 ss/ns 5/ 11 medicine. Sec. ___. Section 154B.14, subsection 1, unnumbered paragraph 1, Code 2024, is amended to read as follows: The board of psychology behavioral health professionals and the board of medicine shall adopt joint rules in regard to the following: Sec. ___. Section 154B.14, subsections 2 and 3, Code 2024, are amended to read as follows:
  9. The board of psychology behavioral health professionals shall consult with the university of Iowa Carver college of medicine and clinical and counseling psychology doctoral programs at regents institutions in the development of the rules pertaining to education and training requirements in sections 154B.10 and 154B.11 .
  10. The joint rules, and any amendments thereto, adopted by the board of psychology behavioral health professionals and the board of medicine pursuant to this section and section 148.13B shall only be adopted by agreement of both boards through a joint rule-making process. Sec. ___. Section 154C.1, subsection 1, Code 2024, is amended to read as follows:
  11. “Board” means the board of social work behavioral health professionals established in chapter 147 . Sec. ___. Section 154D.1, subsection 1, Code 2024, is amended to read as follows:
  12. “Board” means the board of behavioral science health professionals established in chapter 147 . Sec. ___. Section 228.1, subsection 7, paragraph b, Code 2024, is amended to read as follows: b. The individual holds a current Iowa license if practicing in a field covered by an Iowa licensure law and is a psychiatrist, an advanced registered nurse practitioner who holds a national certification in psychiatric mental health care and is licensed by the board of nursing, a physician assistant practicing under the supervision of or in -6- H 8325.4264 (2) 90 ss/ns 6/ 11 collaboration with a psychiatrist, a qualified mental health professional physician assistant, a psychiatric advanced registered nurse practitioner as defined in section 125.2 , or an individual who holds a doctorate degree in psychology and is licensed by the board of behavioral health professionals to practice psychology. For the purposes of this paragraph, “collaboration” means the same as defined in section 148C.1 . Sec. ___. Section 249A.15, Code 2024, is amended to read as follows: 249A.15 Licensed psychologists eligible for payment —— provisional licensees.
  13. The department shall adopt rules pursuant to chapter 17A entitling psychologists who are licensed pursuant to chapter 154B and psychologists who are licensed in the state where the services are provided and have a doctorate degree in psychology, have had at least two years of clinical experience in a recognized health setting, or have met the standards of a national register of health service providers in psychology, to payment for services provided to recipients of medical assistance, subject to limitations and exclusions the department finds necessary on the basis of federal laws and regulations and of funds available for the medical assistance program. The rules shall also provide that an individual, who holds a provisional license to practice psychology pursuant to section 154B.6 , is entitled to payment under this section for services provided to recipients of medical assistance, when such services are provided under the supervision of a supervisor who meets the qualifications determined by the board of psychology behavioral health professionals by rule, and claims for payment for such services are submitted by the supervisor.
  14. Entitlement to payment under this section is applicable to services provided to recipients of medical assistance under both the fee-for-service and managed care payment and delivery systems. Neither the fee-for-service nor the managed -7- H 8325.4264 (2) 90 ss/ns 7/ 11 care payment and delivery system shall impose a practice or supervision restriction which is inconsistent with or more restrictive than the authority already granted by law, including the authority to provide supervision in person or remotely through electronic means as specified by rule of the board of psychology behavioral health professionals . Sec. ___. Section 249A.15A, subsections 1, 2, and 3, Code 2024, are amended to read as follows:
  15. The department shall adopt rules pursuant to chapter 17A entitling marital and family therapists who are licensed pursuant to chapter 154D to payment for behavioral health services provided to recipients of medical assistance, subject to limitations and exclusions the department finds necessary on the basis of federal laws and regulations. The rules shall also provide that a marital and family therapist, who holds a temporary license to practice marital and family therapy pursuant to section 154D.7 , is entitled to payment under this section for behavioral health services provided to recipients of medical assistance, when such services are provided under the supervision of a qualified supervisor as determined by the board of behavioral science health professionals by rule, and claims for payment for such services are submitted by the qualified supervisor.
  16. The department shall adopt rules pursuant to chapter 17A entitling master social workers who hold a master’s degree approved by the board of social work behavioral health professionals , are licensed as a master social worker pursuant to section 154C.3, subsection 1 , paragraph “b” , and provide treatment services under the supervision of an independent social worker licensed pursuant to section 154C.3, subsection 1 , paragraph “c” , to payment for behavioral health services provided to recipients of medical assistance, subject to limitations and exclusions the department finds necessary on the basis of federal laws and regulations.
  17. The department shall adopt rules pursuant to chapter 17A -8- H 8325.4264 (2) 90 ss/ns 8/ 11 entitling mental health counselors who are licensed pursuant to chapter 154D to payment for behavioral health services provided to recipients of medical assistance, subject to limitations and exclusions the department finds necessary on the basis of federal laws and regulations. The rules shall also provide that a mental health counselor, who holds a temporary license to practice mental health counseling pursuant to section 154D.7 , is entitled to payment under this section for behavioral health services provided to recipients of medical assistance, when such services are provided under the supervision of a qualified supervisor as determined by the board of behavioral science health professionals by rule, and claims for payment for such services are submitted by the qualified supervisor. Sec. ___. Section 272C.1, subsection 6, paragraph s, Code 2024, is amended to read as follows: s. The board of psychology behavioral health professionals , created pursuant to chapter 147 . Sec. ___. Section 514C.32, subsection 1, paragraphs a and b, Code 2024, are amended to read as follows: a. A licensed master social worker who is licensed by the board of social work behavioral health professionals as a master social worker pursuant to section 154C.3, subsection 1 , paragraph “b” , and who provides services under the supervision of an independent social worker licensed pursuant to section 154C.3, subsection 1 , paragraph “c” . b. A licensed mental health counselor or a licensed marital and family therapist who holds a temporary license to practice mental health counseling or marital and family therapy pursuant to section 154D.7 , and who provides services under the supervision of a qualified supervisor as determined by the board of behavioral science health professionals by rule. Sec. ___. Section 514C.33, subsections 1 and 2, Code 2024, are amended to read as follows:
  18. Notwithstanding section 514C.6 , a policy or contract -9- H 8325.4264 (2) 90 ss/ns 9/ 11 providing for third-party payment or prepayment of health or medical expenses shall include a provision for the payment of necessary behavioral health services provided by a person who holds a provisional license to practice psychology pursuant to section 154B.6 , and who practices under the supervision of a supervisor who meets the qualifications determined by the board of psychology behavioral health professionals by rule.
  19. A policy or contract subject to this section shall not impose a practice or supervision restriction which is inconsistent with or more restrictive than the authority already granted by law, including the authority to provide supervision in person or remotely through electronic means as specified by rule of the board of psychology behavioral health professionals . Sec. ___. Section 622.10, subsection 7, Code 2024, is amended to read as follows:
  20. For the purposes of this section , “mental health professional” means a psychologist licensed under chapter 154B , a registered nurse licensed under chapter 152 , a social worker licensed under chapter 154C , a marital and family therapist licensed under chapter 154D , a mental health counselor licensed under chapter 154D , or an individual holding at least a master’s degree in a related field as deemed appropriate by the board of behavioral science health professionals .”
  21. Page 229, line 20, after “board,” by inserting “board of behavioral health professionals,”
  22. Page 231, after line 14 by inserting: “m. Any moneys in any account or fund of, and all client and organizational files in the possession of, the boards of behavioral science, psychology, or social work shall be transferred to the control of the board of behavioral health professionals.”
  23. Page 233, after line 9 by inserting: “m. Any cause of action, statute of limitation, or administrative action relating to or initiated by the boards -10- H 8325.4264 (2) 90 ss/ns 10/ 11 of behavioral science, psychology, or social work shall not be affected as a result of this Act and shall apply to the board of behavioral health professionals.”
  24. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book