What changed in SF 477

4 passages reworded, 35 added and 29 removed; 12 of 80 unchanged.

Removed AddedIntroduced textText as passedAmendments

Compares wording only. The printed bills also mark changes to existing law with strikes and underlines, which aren’t shown here.

DIVISION I LICENSURE OF INTERNATIONALLY TRAINED PHYSICIANS

Section 1.

NEW SECTION. 148I.1 148J.1 Definitions. For the purposes of this chapter:

1. “Board” means the board of medicine established pursuant to chapter 147.

c. A facility licensed pursuant to chapter 135C.

3. “International medical program” means a medical school, residency program, medical internship program, or entity that provides physicians with a medical education or training outside of the United States that is substantially similar to the practice of medicine and surgery or osteopathic medicine and surgery in Iowa and that has been evaluated by the educational commission on foreign medical graduates.

3. 4. “International medical graduate” physician” means an individual who meets all of the following requirements:

a. Has a medical doctorate or substantially similar degree issued by an international medical program in good standing.

b. Is Has been in good standing with the medical licensing or regulatory institution of the individual’s resident country. country during the immediately preceding five years and has no pending discipline before the licensing or regulatory institution.

c. Has completed a residency or substantially similar post-graduate postgraduate medical training in the individual’s resident country or has practiced as a medical professional performing medicine and surgery or osteopathic medicine and surgery for at least two years. country.

d. Possesses basic fluency in the English language.

d. Has practiced medicine and surgery or osteopathic medicine and surgery as a licensed physician for five years following the completion of a residency or substantially similar postgraduate medical training.

4. “International medical program” means a medical school, residency program, medical internship program, or entity that provides physicians with a medical education or training outside of the United States that is substantially similar to the practice of medicine and surgery or osteopathic medicine and surgery in Iowa.

e. Possesses basic fluency in the English language.

Sec.

2.

NEW SECTION. 148I.2 Licensure of international medical graduates.

1. The board shall a grant a license to practice medicine and surgery or osteopathic medicine and surgery in this state to an international medical graduate who is a resident of and licensed to practice in any of the following countries:

NEW SECTION. 148J.2 International physicians —— provisional licenses.

a. Australia.

1.

b. Canada.

a. The board shall grant a provisional license to practice medicine and surgery or osteopathic medicine and surgery in this state to an international physician with an offer for employment as a physician at a health care facility in this state. However, the board shall not grant a license pursuant to this subsection to an international physician who does not possess a federal immigration status allowing the international medical graduate to practice as a physician in the United States, or to an international physician who fails to obtain a passing score on the United States medical licensing examination.

c. Hong Kong.

b. A provisional license granted pursuant to paragraph “a” may be converted to a full license to practice medicine and surgery or osteopathic medicine and surgery after three years, unless the license has been revoked pursuant to subsection 2 or surrendered by the licensee.

d. Ireland.

2.

e. Israel.

a. The board may revoke a provisional license granted pursuant to subsection 1, paragraph “a”, if the board finds by clear and compelling evidence that the licensee has violated a provision of section 148.6. A licensee may appeal a revocation pursuant to this subsection in a court of competent jurisdiction within one hundred twenty days of the date of revocation.

f. New Zealand.

b. The board may revoke a provisional license granted pursuant to subsection 1, paragraph “a”, if the international physician is not employed by a health care facility in this state during the entirety of the provisional licensing period.

g. Singapore.

3. This section does not require the board to grant a provisional license or full license pursuant to subsection 1 to an individual that does not do all of the following:

h. South Africa.

a. Complete training substantially similar to a physician and surgeon or osteopathic physician and surgeon.

i. Switzerland.

b. Receive a passing score on the United States medical licensing examination.

j. The United Kingdom.

c. Pass a background check as required by the board.

k. Additional countries as determined by the board by rule.

d. Complete a licensure application as required by the board.

2. An international medical graduate holding a medical degree from an international medical program accredited pursuant to section 148I.3 shall be granted a license to practice medicine and surgery or osteopathic medicine and surgery in this state without meeting additional training or residency requirements. However, the board shall not grant a license pursuant to this subsection to an international medical graduate who does not possess a federal immigration status allowing the international medical graduate to practice as a physician in the United States.

e. Pay all required fees as required by the board.

Sec.

3.

NEW SECTION. 148I.3 Accreditation of international medical programs.

1. The board shall adopt rules pursuant to chapter 17A to allow an international medical program to apply for accreditation with the board.

2. The board shall grant an application pursuant to subsection 1 within one hundred twenty days of receiving the application unless the board finds by clear and compelling evidence that a majority of the international medical program’s graduates are not likely to provide medical services that satisfy this state’s medical safety, competence, or conduct standards. An international medical program may appeal a denial pursuant to this subsection in a court of competent jurisdiction within one hundred twenty days of the denial.

3. The board shall grant accreditation pursuant to this section, to an international medical program that has granted a medical degree to five international medical graduates who later received a permanent license to practice medicine and surgery or osteopathic medicine and surgery pursuant to section 148I.4, subsection 1, paragraph “b”.

4. The board shall post a complete list of accredited international medical programs on the internet site of the board.

3. EFFECTIVE DATE. This division of this Act takes effect January 1, 2025. DIVISION II ELECTRONIC PROTECTED HEALTH INFORMATION

Sec.

4.

NEW SECTION. 135.194 Electronic protected health information of minor —— disclosure to legal guardian —— option to provide printed copy.

1. A health care provider or facility that maintains or transmits electronic protected health information shall disclose to the legal guardian of a minor the minor’s electronic protected health information, with the following exceptions:

a. Electronic protected health information that relates to health care for which the minor is legally authorized to consent without the consent of a legal guardian.

b. If disclosure of the electronic protected health information to a legal guardian is otherwise prohibited by state law or federal law, including federal statute, regulation, or centers for disease control and prevention guidelines.

2. In lieu of disclosing the minor’s electronic protected health information to the legal guardian of a minor as required pursuant to subsection 1, a health care provider or facility may comply with this section by providing a printed copy of the minor’s electronic protected health information, subject to the exceptions prescribed pursuant to subsection 1, and at no charge to the legal guardian of the minor.

3. For the purposes of this section:

a. “Disclosure” means the release, transfer, provision of access to, or divulging in any manner of electronic protected health information outside the entity holding the electronic protected health information.

b. “Electronic media” means electronic storage material on which data is or may be recorded electronically and transmission media used to exchange information already in electronic storage media.

c. “Electronic protected health information” means protected health information that is transmitted or maintained by or in electronic media.

d. “Facility” means a health care delivery system location that provides a range of primary, secondary, and tertiary inpatient, outpatient, and physician services; an institution providing health care services; and any other health care setting including but not limited to a hospital or other licensed inpatient center, ambulatory surgical center or treatment center, skilled nursing center, residential treatment center, diagnostic, laboratory or imaging centers, rehabilitation or other therapeutic health setting, or the private office or clinic of an individual health care provider or group of health care providers.

NEW SECTION. 148I.4 International medical graduates —— provisional licenses.

e. “Health care” means care, services, or supplies related to the health of a person and includes but is not limited to:

1.

(1) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, and any counseling, service, assessment, or procedure with respect to the physical or mental condition, or functional status of a person, or that affects the structure or function of the body.

a. The board shall grant a provisional license to practice medicine and surgery or osteopathic medicine and surgery in this state to an international medical graduate with an offer for employment as a physician at a health care facility in this state. However, the board shall not grant a license pursuant to this subsection to an international medical graduate who does not possess a federal immigration status allowing the international medical graduate to practice as a physician in the United States.

(2) The sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription.

b. A provisional license granted pursuant to paragraph “a” shall be converted to a full license to practice medicine and surgery or osteopathic medicine and surgery after one year unless the license has been revoked pursuant to subsection 2 or surrendered by the licensee.

f. “Health care provider” means a physician or osteopathic physician licensed under chapter 148, a physician assistant licensed under chapter 148C, a podiatrist licensed under chapter 149, a chiropractor licensed under chapter 151, a licensed practical nurse, a registered nurse, or an advanced registered nurse practitioner licensed under chapter 152 or 152E, a dentist licensed under chapter 153, an optometrist licensed under chapter 154, a pharmacist licensed under chapter 155A, or any other person who is licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or in the practice of a profession.

2. The board may revoke a provisional license granted pursuant to subsection 1, paragraph “a”, if the board finds by clear and compelling evidence that the licensee has violated a provision of section 148.6. A licensee may appeal a revocation pursuant to this subsection in a court of competent jurisdiction within one hundred twenty days of the revocation.

g. “Health information” means health information as defined in 45 C.F.R. §160.103 that is maintained or transmitted by a health care provider or facility.

Sec.

h. “Legal guardian” means a person appointed by a court as the guardian of a minor pursuant to chapter 633, or the parent or other person responsible for the care of the minor.

5. EFFECTIVE DATE. This Act takes effect January 1, 2024.

i. “Protected health information” means protected health information as defined in 45 C.F.R. §160.103 that is maintained or transmitted by a health care provider or facility.