Bill Text: IA SF232 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to direct care professionals, including the establishment of a board of direct care professionals, providing for implementation, making penalties applicable, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF232 Detail]
Download: Iowa-2013-SF232-Introduced.html
Senate
File
232
-
Introduced
SENATE
FILE
232
BY
HATCH
,
MATHIS
,
and
JOCHUM
A
BILL
FOR
An
Act
relating
to
direct
care
professionals,
including
the
1
establishment
of
a
board
of
direct
care
professionals,
2
providing
for
implementation,
making
penalties
applicable,
3
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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(14)
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232
Section
1.
NEW
SECTION
.
152F.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Board”
means
the
board
of
direct
care
professionals
4
created
under
chapter
147.
5
2.
“Community
choices
option”
means
a
service
delivery
6
option
under
the
medical
assistance
home
and
community-based
7
services
waiver
program
that
allows
eligible
waiver
recipients
8
to
self-direct
personal
care,
community
and
employment
9
supports,
and
individual
directed
goods
and
services
necessary
10
to
remain
in
the
recipient’s
home
or
community.
11
3.
“Community
living
professional”
means
a
direct
care
12
associate
who
has
completed
advanced
training
and
is
certified
13
to
provide
home
and
community
living,
instrumental
activities
14
of
daily
living,
and
personal
support
services.
15
4.
“Consumer-directed
attendant
care”
means
a
service
16
delivery
option
under
the
medical
assistance
home
and
17
community-based
services
waiver
program
that
allows
eligible
18
waiver
recipients
to
direct
and
manage
the
recipient’s
own
19
skilled
and
nonskilled
attendant
care
services
necessary
to
20
remain
in
the
recipient’s
home
or
community.
21
5.
“Core
training”
means
training
specified
by
the
board
to
22
provide
basic
foundational
knowledge
and
an
introduction
to
the
23
direct
care
profession.
24
6.
“Direct
care
associate”
means
any
of
the
following:
25
a.
An
individual
who
has
completed
core
training
and
is
26
certified
to
provide
direct
care
services
in
the
state.
27
b.
An
individual
who
has
completed
a
nurse
aide
training
28
and
competency
evaluation
program
approved
by
the
state
as
29
required
pursuant
to
42
C.F.R.
§
483.152,
is
registered
on
the
30
Iowa
direct
care
worker
registry
established
by
the
department
31
of
inspections
and
appeals,
complies
with
the
requirements
32
of
section
152F.3,
and
is
certified
to
provide
direct
care
33
services
in
the
state.
34
7.
“Direct
care
instructor”
means
an
individual
approved
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232
by
the
board
to
provide
direct
care
instruction
to
direct
care
1
professionals.
2
8.
“Direct
care
professional”
means
an
individual
who
3
provides
direct
care
services
for
compensation
and
is
a
direct
4
care
associate,
a
community
living
professional,
a
health
5
support
professional,
or
a
personal
support
professional.
6
9.
“Direct
care
services”
means
the
services
provided
7
to
individuals
who
have
health
conditions,
are
ill,
or
are
8
individuals
with
disabilities
as
specified
in
the
individual’s
9
service
plan
or
in
documented
goals,
including
but
not
limited
10
to
home
and
community
living
services,
instrumental
activities
11
of
daily
living
services,
personal
activities
of
daily
living
12
services,
personal
support
services,
and
health
monitoring
and
13
maintenance
services.
14
10.
“Direct
care
trainer”
means
a
direct
care
instructor
who
15
is
approved
by
the
board
to
train
instructors.
16
11.
“Health
monitoring
and
maintenance
services”
means
17
services
provided
to
support
and
maintain
an
individual’s
18
health,
including
observation
and
reporting
of
behaviors
19
or
conditions;
understanding
the
causes
and
symptoms
of
20
conditions
including
but
not
limited
to
muscular/skeletal,
21
skin,
respiratory
system,
and
neurologic
conditions,
and
22
diabetes,
mental
illness,
pain,
cancer,
and
intellectual
and
23
developmental
disabilities;
and
providing
functional
support
24
specific
to
certain
conditions.
25
12.
“Health
support
professional”
means
any
of
the
26
following:
27
a.
A
direct
care
associate
who
has
completed
advanced
28
training
and
is
certified
to
provide
personal
activities
of
29
daily
living
and
health
monitoring
and
maintenance
services.
30
b.
An
individual
who
has
completed
a
nurse
aide
training
31
and
competency
evaluation
program
approved
by
the
state
as
32
required
pursuant
to
42
C.F.R.
§
483.152,
is
registered
on
the
33
Iowa
direct
care
worker
registry
established
by
the
department
34
of
inspections
and
appeals,
complies
with
the
requirements
of
35
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232
section
152F.3,
and
is
certified
to
provide
personal
activities
1
of
daily
living
and
health
monitoring
and
maintenance
services.
2
13.
“Home
and
community
living
services”
means
services
to
3
enhance
or
maintain
independence
of
individuals
including
such
4
activities
as
helping
individuals
develop
and
meet
personal
5
goals,
providing
direct
physical
and
emotional
support
and
6
assistance
for
persons
with
disabilities,
utilizing
crisis
7
intervention
and
positive
behavior
supports,
and
using
and
8
following
individual
support
plans.
9
14.
“Instrumental
activities
of
daily
living
services”
means
10
services
provided
to
assist
individuals
with
daily
living
tasks
11
to
allow
them
to
function
independently
in
a
home
or
community
12
setting,
including
but
not
limited
to
assistance
with
managing
13
money,
transportation,
light
housekeeping,
and
shopping
and
14
cooking.
15
15.
“Personal
activities
of
daily
living
services”
means
16
services
to
assist
individuals
in
meeting
basic
needs,
17
including
but
not
limited
to
bathing,
back
rubs,
and
skin
care;
18
grooming
activities;
assistance
with
dressing
and
undressing;
19
assistance
with
eating
and
feeding;
assistance
with
toileting;
20
and
assistance
with
mobility,
including
transfers,
walking,
and
21
turning
in
bed.
22
16.
“Personal
support
professional”
means
a
direct
care
23
associate
who
has
completed
advanced
training
and
is
certified
24
to
provide
instrumental
activities
of
daily
living,
personal
25
activities
of
daily
living,
and
personal
support
services.
26
17.
“Personal
support
services”
means
support
services
27
provided
to
an
individual
as
the
individual
performs
personal
28
activities
of
daily
living
including
but
not
limited
to
29
coaching
and
prompting,
and
teaching
skills
and
behaviors.
30
18.
“Service
plan”
means
a
written,
consumer-centered,
31
outcome-based
plan
of
services.
32
19.
“Specialty
endorsement”
means
an
advanced
level
of
33
certification
based
on
requirements
developed
by
experts
in
a
34
particular
discipline
or
professional
area
and
approved
by
the
35
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232
board.
1
Sec.
2.
NEW
SECTION
.
152F.2
Certification
required
——
2
exceptions
——
use
of
title.
3
1.
Unless
otherwise
exempt
under
section
152F.4,
beginning
4
January
1,
2015,
an
individual
shall
not
provide
direct
care
5
services
in
this
state
without
being
certified
as
a
direct
care
6
associate.
7
2.
An
individual
who
is
not
certified
pursuant
to
this
8
chapter
shall
not
use
words
or
titles
which
imply
or
represent
9
that
the
individual
is
certified
as
a
direct
care
professional
10
under
this
chapter.
11
3.
A
direct
care
associate
shall
not
act
as
or
represent
12
that
the
individual
is
a
direct
care
professional
with
advanced
13
training
certification
or
a
specialty
endorsement,
unless
the
14
direct
care
associate
is
first
certified
at
the
appropriate
15
level
of
certification
under
this
chapter.
16
4.
An
individual
may
voluntarily
pursue
advanced
training
17
or
a
specialty
endorsement
under
this
chapter.
Notwithstanding
18
any
provision
to
the
contrary,
an
individual
who
completes
19
advanced
training
or
satisfies
the
requirements
for
a
specialty
20
endorsement
is
not
required
to
be
certified
at
that
level
if
21
the
individual
does
not
act
as
or
represent
that
the
individual
22
is
certified
at
that
level.
Section
147.83
does
not
apply
23
to
a
direct
care
associate
who
is
not
certified
as
a
direct
24
care
professional
with
advanced
training
certification
or
a
25
specialty
endorsement
if
the
direct
care
associate
does
not
act
26
as
or
represent
that
the
individual
is
certified
at
that
level.
27
Sec.
3.
NEW
SECTION
.
152F.3
Requirements
to
obtain
28
certification
——
renewal
——
continuing
education
——
reciprocity.
29
1.
An
applicant
for
certification
as
a
direct
care
associate
30
shall
present
evidence
satisfactory
to
the
board
that
the
31
applicant
satisfies
all
of
the
following
requirements:
32
a.
The
applicant
has
successfully
completed
the
required
33
education
for
the
certification
from
a
board-approved
direct
34
care
instructor
or
direct
care
trainer;
or
the
individual
has
35
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completed
a
nurse
aide
training
and
competency
evaluation
1
program
approved
by
the
state
as
required
pursuant
to
42
C.F.R.
2
§
483.152
and
is
registered
on
the
Iowa
direct
care
worker
3
registry
established
by
the
department
of
inspections
and
4
appeals.
5
b.
The
applicant
has
paid
all
fees
required
by
the
board.
6
c.
The
applicant
certifies
that
the
applicant
will
conduct
7
all
professional
activities
in
accordance
with
standards
for
8
professional
conduct
established
by
the
board.
9
2.
An
applicant
for
certification
as
a
direct
care
10
professional
with
advanced
training
or
a
specialty
endorsement
11
shall
present
evidence
satisfactory
to
the
board
that
the
12
applicant
satisfies
all
of
the
following
requirements:
13
a.
The
applicant
has
successfully
completed
the
required
14
education
for
the
certification
from
a
board-approved
direct
15
care
instructor
or
direct
care
trainer.
16
b.
The
applicant
has
paid
all
fees
required
by
the
board.
17
c.
The
applicant
has
passed
a
state
examination
approved
by
18
the
board.
19
d.
The
applicant
certifies
that
the
applicant
will
conduct
20
all
professional
activities
in
accordance
with
standards
for
21
professional
conduct
established
by
the
board.
22
3.
Notwithstanding
subsection
2,
an
applicant
for
23
certification
as
a
health
support
professional
shall
present
24
evidence
satisfactory
to
the
board
that
the
applicant
satisfies
25
all
of
the
following
requirements:
26
a.
The
applicant
has
complied
with
one
of
the
following:
27
(1)
Successful
completion
of
the
required
education
for
28
the
certification
from
a
board-approved
direct
care
instructor
29
or
direct
care
trainer
and
successful
passage
of
a
state
30
examination
approved
by
the
board.
31
(2)
Successful
completion
of
a
nurse
aide
training
and
32
competency
evaluation
program
approved
by
the
state
as
required
33
pursuant
to
42
C.F.R.
§
483.152
and
registration
on
the
Iowa
34
direct
care
worker
registry
established
by
the
department
of
35
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232
inspections
and
appeals.
1
b.
The
applicant
has
paid
all
fees
required
by
the
board.
2
c.
The
applicant
certifies
that
the
applicant
will
conduct
3
all
professional
activities
in
accordance
with
standards
for
4
professional
conduct
established
by
the
board.
5
4.
An
individual
shall
renew
the
individual’s
certification
6
biennially.
Prior
to
such
renewal,
the
individual
shall
7
present
evidence
that
the
individual
has
satisfied
continuing
8
education
requirements
and
shall
pay
a
renewal
fee
as
9
determined
by
the
board.
10
5.
The
board
shall
issue
the
appropriate
certification
to
an
11
applicant
who
demonstrates
experience
in
direct
care
services
12
in
another
state
and
satisfies
the
requirements
established
by
13
the
board
for
the
specific
certification.
14
Sec.
4.
NEW
SECTION
.
152F.4
Scope
of
chapter.
15
1.
The
provisions
of
this
chapter
do
not
apply
to
any
of
the
16
following:
17
a.
An
individual
who
is
providing
direct
care
services
18
and
is
governed
by
a
collective
bargaining
agreement
in
place
19
before
July
1,
2017,
until
the
expiration
of
such
agreement.
20
b.
An
individual
providing
direct
care
services
to
a
family
21
member.
However,
if
public
funds
are
used
to
provide
payment
22
for
the
direct
care
services
provided
by
the
family
member,
23
the
family
member
shall
comply
with
the
requirements
of
this
24
chapter
unless
otherwise
exempt.
25
c.
An
individual
otherwise
licensed
who
is
operating
within
26
the
scope
of
that
license
and
who
does
not
represent
to
the
27
public
that
the
individual
is
a
direct
care
professional.
28
2.
a.
Notwithstanding
any
provision
of
this
chapter
to
the
29
contrary,
beginning
January
1,
2015,
an
individual
providing
30
direct
care
services
under
the
medical
assistance
consumer
31
choices
option
or
the
consumer-directed
attendant
care
program
32
is
subject
to
the
following:
33
(1)
If
the
provider
will
provide
services
to
only
one
34
medical
assistance
recipient,
the
certification
requirements
of
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232
this
chapter
shall
not
apply
to
the
provider.
1
(2)
If
the
provider
will
provide
services
to
more
than
one
2
medical
assistance
recipient,
the
provisions
of
this
chapter
3
shall
apply
unless
all
of
the
following
requirements
are
met:
4
(a)
The
provider
has
the
necessary
competencies
and
5
training
to
deliver
the
services
included
in
the
consumer
6
choices
option
employment
agreement
or
consumer-directed
7
attendant
care
agreement.
Competencies
shall
be
demonstrated
8
through
documentation
of
prior
training
and
experience
or
a
9
certificate
of
formal
training
as
required
by
rule
of
the
10
department
of
human
services
for
the
specific
program.
11
(b)
The
medical
assistance
recipient
and
the
provider
12
sign
and
submit
to
the
department
of
human
services,
with
13
the
agreement,
a
separate
written
acknowledgment
that
the
14
recipient
acknowledges
that
the
provider
has
the
necessary
15
competencies
and
training
to
provide
the
services
specified
in
16
the
agreement.
The
written
acknowledgment
shall
be
accompanied
17
by
documents
verifying
that
the
necessary
competencies
and
18
training
requirements
have
been
met.
19
b.
This
subsection
shall
not
be
interpreted
as
supplanting
20
the
medical
assistance
recipient’s
choice
to
train
a
provider
21
in
a
manner
that
comports
with
the
medical
assistance
22
recipient’s
personal
preferences
and
needs
or
to
establish
23
additional
provider
qualifications
based
on
the
medical
24
assistance
recipient’s
needs
and
preferences.
25
3.
This
chapter
shall
not
be
interpreted
to
preclude
26
an
individual
who
provides
direct
care
services
but
is
not
27
otherwise
required
to
be
certified
under
this
chapter
from
28
being
certified
under
this
chapter
on
a
voluntary
basis.
29
Sec.
5.
NEW
SECTION
.
152F.5
Duties
of
the
board.
30
The
board
shall
do
all
of
the
following:
31
1.
Adopt
rules
consistent
with
this
chapter,
chapter
147,
32
chapter
272,
and
the
recommendations
of
the
direct
care
worker
33
advisory
council
established
pursuant
to
2008
Iowa
Acts,
34
chapter
1188,
section
69,
including
the
recommendations
in
the
35
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232
final
report
submitted
by
the
advisory
council
to
the
governor
1
and
the
general
assembly
in
March
2012,
which
are
necessary
for
2
the
performance
of
its
duties.
3
2.
Adopt
rules
to
provide
a
transition
process
that
allows
4
individuals
providing
direct
care
services
on
or
before
January
5
1,
2015,
who
are
subject
to
the
certification
requirements
6
of
this
chapter,
to
continue
providing
direct
care
services
7
while
completing
certification
under
this
chapter.
The
rules
8
shall
provide
that
certification
requirements
for
an
individual
9
subject
to
the
transition
process
are
based
on
consideration
10
of
previous
training,
employment
history,
and
experience.
An
11
individual
subject
to
the
transition
process
shall
complete
the
12
requirements
for
direct
care
associate
certification
within
a
13
time
frame
determined
by
rule
of
the
board.
The
rules
shall
14
provide
for
acceptance
of
prior
record
checks
completed
by
the
15
individual’s
current
employer
in
lieu
of
new
record
checks,
if
16
the
individual
has
had
no
gap
in
employment
since
completion
17
of
the
checks.
18
3.
Establish
standards
and
guidelines
for
direct
care
19
professionals,
including
establishing
or
approving,
as
20
applicable,
training
and
curriculum
requirements
for
direct
21
care
associates
and
each
advanced
training
credential
and
22
specialty
endorsement.
23
a.
The
curriculum
for
core
training
shall
provide
for
24
its
incorporation
into
and
completion
through
a
flexible
25
delivery
system,
utilizing
a
variety
of
settings
and
methods,
26
as
approved
by
the
board,
including
but
not
limited
to
27
employer-provided
training,
community
college
courses,
and
28
online
training
including
but
not
limited
to
the
college
of
29
direct
support.
30
b.
The
curriculum
requirements
for
health
support
31
professionals
shall
satisfy
the
curriculum
requirements
32
specified
for
nurse
aides
pursuant
to
42
C.F.R.
§
483.152.
33
c.
The
training
and
curriculum
requirements
approved
by
34
the
board
shall
provide
for
adaptations,
accommodations,
35
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modifications,
and
individualization
for
applicants,
based
on
1
their
needs,
abilities,
and
personal
learning
styles.
2
4.
Require
an
individual
to
undergo
criminal
history
3
and
child
and
dependent
adult
abuse
record
checks
prior
4
to
certification,
and
establish
record
checks
requirements
5
applicable
to
direct
care
professionals
consistent
with
section
6
135C.33.
The
requirement
shall
provide
for
acceptance
of
prior
7
record
checks
completed
by
the
individual’s
current
employer
in
8
lieu
of
new
record
checks,
if
the
individual
has
had
no
gap
in
9
employment
since
completion
of
the
checks.
10
5.
Establish
child
abuse
and
dependent
adult
abuse
11
reporting
and
training
requirements
consistent
with
section
12
232.69
and
chapters
235B
and
235E,
as
applicable.
13
6.
Establish
standards
and
guidelines
for
certification
14
reciprocity.
15
7.
Prepare
and
conduct,
or
prescribe,
an
examination
for
16
applicants
for
certification.
17
8.
Establish
standards
and
guidelines
for
direct
care
18
instructors
and
direct
care
trainers,
including
minimum
19
curriculum
requirements
and
continuing
education
requirements.
20
Training
and
continuing
education
guidelines
shall
provide
21
diverse
options
for
completion
of
the
training
and
continuing
22
education,
as
appropriate,
including
but
not
limited
to
online,
23
employer-based,
or
educational
institution-based
opportunities.
24
9.
Define
educational
activities
which
fulfill
continuing
25
education
requirements
for
renewal
of
certification.
26
10.
Establish
guidelines
for
inactive
certification
status
27
and
inactive
certification
reentry.
28
11.
Establish
a
grace
period
of
no
less
than
thirty
days
29
during
which
a
newly
employed
individual
may
provide
direct
30
care
services
before
being
required
to
complete
the
appropriate
31
level
of
certification
under
this
chapter.
32
12.
Establish
the
parameters
for
an
exemption
from
the
33
requirements
of
this
chapter
for
an
individual
who
provides
34
direct
care
services
in
an
employment
position
for
not
more
35
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than
ninety
days
or
seven
hundred
and
twenty
hours,
annually.
1
13.
Adopt
rules
to
establish
a
process
for
requesting
and
2
approving,
as
a
part
of
the
application
for
certification,
a
3
financial
hardship
exemption
from
payment
of
the
initial
direct
4
care
associate
certification
fee
for
individual
applicants
5
whose
income
is
one
hundred
percent
or
less
of
the
federal
6
poverty
level
as
defined
by
the
most
recently
revised
poverty
7
guidelines
published
by
the
United
States
department
of
health
8
and
human
services.
9
Sec.
6.
NEW
SECTION
.
152F.6
Certification
suspension
and
10
revocation.
11
A
certification
issued
by
the
board
under
this
chapter
may
be
12
suspended
or
revoked,
or
renewal
of
certification
may
be
denied
13
by
the
board,
for
violation
of
any
provision
of
this
chapter,
14
section
147.55
or
272C.10,
or
rules
adopted
by
the
board.
15
Sec.
7.
Section
10A.402,
subsection
1,
Code
2013,
is
amended
16
to
read
as
follows:
17
1.
Investigations
relative
to
the
practice
of
regulated
18
professions
and
occupations,
except
those
within
the
19
jurisdiction
of
the
board
of
medicine,
the
board
of
pharmacy,
20
the
dental
board,
and
the
board
of
nursing
,
and
the
board
of
21
direct
care
professionals
.
22
Sec.
8.
Section
135.11A,
Code
2013,
is
amended
to
read
as
23
follows:
24
135.11A
Professional
licensure
division
——
other
licensing
25
boards
——
expenses
——
fees.
26
1.
There
shall
be
a
professional
licensure
division
within
27
the
department
of
public
health.
Each
board
under
chapter
147
28
or
under
the
administrative
authority
of
the
department,
except
29
the
board
of
nursing,
board
of
medicine,
dental
board,
and
30
board
of
pharmacy,
and
board
of
direct
care
professionals
shall
31
receive
administrative
and
clerical
support
from
the
division
32
and
may
not
employ
its
own
support
staff
for
administrative
and
33
clerical
duties.
34
2.
The
professional
licensure
division
and
the
licensing
35
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boards
may
expend
funds
in
addition
to
amounts
budgeted,
if
1
those
additional
expenditures
are
directly
the
result
of
actual
2
examination
and
exceed
funds
budgeted
for
examinations.
Before
3
the
division
or
a
licensing
board
expends
or
encumbers
an
4
amount
in
excess
of
the
funds
budgeted
for
examinations,
the
5
director
of
the
department
of
management
shall
approve
the
6
expenditure
or
encumbrance.
Before
approval
is
given,
the
7
department
of
management
shall
determine
that
the
examination
8
expenses
exceed
the
funds
budgeted
by
the
general
assembly
9
to
the
division
or
board
and
the
division
or
board
does
not
10
have
other
funds
from
which
examination
expenses
can
be
paid.
11
Upon
approval
of
the
department
of
management,
the
division
12
or
licensing
board
may
expend
and
encumber
funds
for
excess
13
examination
expenses.
The
amounts
necessary
to
fund
the
excess
14
examination
expenses
shall
be
collected
as
fees
from
additional
15
examination
applicants
and
shall
be
treated
as
repayment
16
receipts
as
defined
in
section
8.2
.
17
Sec.
9.
Section
135.31,
Code
2013,
is
amended
to
read
as
18
follows:
19
135.31
Location
of
boards
——
rulemaking.
20
The
offices
for
the
board
of
medicine,
the
board
of
pharmacy,
21
the
board
of
nursing,
and
the
dental
board
,
and
the
board
22
of
direct
care
professionals
shall
be
located
within
the
23
department
of
public
health.
The
individual
boards
shall
have
24
policymaking
and
rulemaking
authority.
25
Sec.
10.
Section
147.1,
subsections
3
and
6,
Code
2013,
are
26
amended
to
read
as
follows:
27
3.
“Licensed”
or
“certified”
,
when
applied
to
a
physician
28
and
surgeon,
podiatric
physician,
osteopathic
physician
and
29
surgeon,
physician
assistant,
psychologist,
chiropractor,
30
nurse,
dentist,
dental
hygienist,
dental
assistant,
31
optometrist,
speech
pathologist,
audiologist,
pharmacist,
32
physical
therapist,
physical
therapist
assistant,
occupational
33
therapist,
occupational
therapy
assistant,
orthotist,
34
prosthetist,
pedorthist,
respiratory
care
practitioner,
35
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practitioner
of
cosmetology
arts
and
sciences,
practitioner
1
of
barbering,
funeral
director,
dietitian,
marital
and
2
family
therapist,
mental
health
counselor,
social
worker,
3
massage
therapist,
athletic
trainer,
acupuncturist,
nursing
4
home
administrator,
hearing
aid
dispenser,
or
sign
language
5
interpreter
or
transliterator
,
or
direct
care
professional
6
means
a
person
licensed
under
this
subtitle
.
7
6.
“Profession”
means
medicine
and
surgery,
podiatry,
8
osteopathic
medicine
and
surgery,
practice
as
a
physician
9
assistant,
psychology,
chiropractic,
nursing,
dentistry,
10
dental
hygiene,
dental
assisting,
optometry,
speech
pathology,
11
audiology,
pharmacy,
physical
therapy,
physical
therapist
12
assisting,
occupational
therapy,
occupational
therapy
13
assisting,
respiratory
care,
cosmetology
arts
and
sciences,
14
barbering,
mortuary
science,
marital
and
family
therapy,
mental
15
health
counseling,
social
work,
dietetics,
massage
therapy,
16
athletic
training,
acupuncture,
nursing
home
administration,
17
hearing
aid
dispensing,
sign
language
interpreting
or
18
transliterating,
orthotics,
prosthetics,
or
pedorthics
,
or
19
practice
as
a
direct
care
professional
.
20
Sec.
11.
Section
147.2,
subsection
1,
Code
2013,
is
amended
21
to
read
as
follows:
22
1.
A
person
shall
not
engage
in
the
practice
of
medicine
23
and
surgery,
podiatry,
osteopathic
medicine
and
surgery,
24
psychology,
chiropractic,
physical
therapy,
physical
25
therapist
assisting,
nursing,
dentistry,
dental
hygiene,
26
dental
assisting,
optometry,
speech
pathology,
audiology,
27
occupational
therapy,
occupational
therapy
assisting,
28
orthotics,
prosthetics,
pedorthics,
respiratory
care,
29
pharmacy,
cosmetology
arts
and
sciences,
barbering,
social
30
work,
dietetics,
marital
and
family
therapy
or
mental
health
31
counseling,
massage
therapy,
mortuary
science,
athletic
32
training,
acupuncture,
nursing
home
administration,
hearing
aid
33
dispensing,
or
sign
language
interpreting
or
transliterating,
34
or
shall
not
practice
as
a
physician
assistant
or
as
a
direct
35
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care
professional
,
unless
the
person
has
obtained
a
license
for
1
that
purpose
from
the
board
for
the
profession.
2
Sec.
12.
Section
147.13,
Code
2013,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
25.
For
direct
care
professionals,
the
5
board
of
direct
care
professionals.
6
Sec.
13.
Section
147.14,
subsection
1,
Code
2013,
is
amended
7
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
x.
For
the
board
of
direct
care
9
professionals,
a
total
of
eleven
members,
six
of
whom
are
10
direct
care
professionals
who
represent
diverse
settings
and
11
populations
served,
two
members
of
the
public
who
are
consumers
12
or
family
members
of
consumers
of
direct
care
services,
one
13
registered
nurse
who
serves
as
a
direct
care
instructor,
14
one
human
services
professional
who
serves
as
a
direct
care
15
instructor,
and
one
licensed
nursing
home
administrator.
16
Sec.
14.
Section
147.74,
Code
2013,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
23A.
A
direct
care
professional
certified
19
under
chapter
152F
and
this
chapter
may
use
the
following:
20
a.
A
direct
care
professional
certified
as
a
direct
care
21
associate
may
use
the
title
“direct
care
associate”
or
the
22
letters
“D.C.A.”
after
the
person’s
name.
23
b.
A
direct
care
professional
certified
as
a
community
24
living
professional
may
use
the
title
“community
living
25
professional”
or
the
letters
“C.L.P.”
after
the
person’s
name.
26
c.
A
direct
care
professional
certified
as
a
personal
27
support
professional
may
use
the
title
“personal
support
28
professional”
or
the
letters
“P.S.P.”
after
the
person’s
name.
29
d.
A
direct
care
professional
certified
as
a
health
support
30
professional
may
use
the
title
“health
support
professional”
or
31
the
letters
“H.S.P.”
after
the
person’s
name.
32
e.
A
direct
care
professional
certified
with
a
specialty
33
endorsement
may
use
the
title
or
letters
determined
by
the
34
specialty
endorsement
entity
and
approved
by
the
board
of
35
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232
direct
care
professionals.
1
f.
A
direct
care
professional
who
completes
a
nurse
aide
2
training
and
competency
evaluation
program
approved
by
the
3
state
as
required
pursuant
to
42
C.F.R.
§
483.152
may
use
the
4
title
“certified
nursing
assistant”
or
the
letters
“C.N.A.”
5
after
the
person’s
name.
6
Sec.
15.
Section
147.80,
subsection
3,
Code
2013,
is
amended
7
to
read
as
follows:
8
3.
The
board
of
medicine,
the
board
of
pharmacy,
the
dental
9
board,
and
the
board
of
nursing
,
and
the
board
of
direct
care
10
professionals
shall
retain
individual
executive
officers,
but
11
shall
make
every
effort
to
share
administrative,
clerical,
and
12
investigative
staff
to
the
greatest
extent
possible.
13
Sec.
16.
Section
147.88,
Code
2013,
is
amended
to
read
as
14
follows:
15
147.88
Inspections
and
investigations.
16
The
department
of
inspections
and
appeals
may
perform
17
inspections
and
investigations
as
required
by
this
subtitle,
18
except
inspections
and
investigations
for
the
board
of
19
medicine,
board
of
pharmacy,
board
of
nursing,
and
the
dental
20
board
,
and
the
board
of
direct
care
professionals
.
The
21
department
of
inspections
and
appeals
shall
employ
personnel
22
related
to
the
inspection
and
investigative
functions.
23
Sec.
17.
Section
272C.1,
subsection
6,
Code
2013,
is
amended
24
by
adding
the
following
new
paragraph:
25
NEW
PARAGRAPH
.
ag.
The
board
of
direct
care
professionals,
26
created
pursuant
to
chapter
147.
27
Sec.
18.
MEDICAL
ASSISTANCE
CONSUMER-DIRECTED
ATTENDANT
28
CARE
PROGRAM
AND
CONSUMER
CHOICES
OPTION
——
RULES.
The
29
department
of
human
services
shall
adopt
rules
for
the
medical
30
assistance
consumer-directed
attendant
care
and
consumer
31
choices
options
programs
as
follows:
32
1.
To
specify
the
necessary
competencies
and
training
that
33
a
provider
is
required
to
demonstrate
to
deliver
the
specific
34
services
included
in
a
consumer
choices
option
employment
35
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232
agreement
or
consumer-directed
attendant
care
agreement,
1
and
the
documentation
necessary
to
demonstrate
the
required
2
competencies
or
training.
The
competencies
shall
be
consistent
3
with
those
specified
for
direct
care
professionals
under
4
chapter
152F,
as
enacted
in
this
Act,
relative
to
the
types
of
5
services
to
be
provided.
6
2.
To
require
that
the
medical
assistance
recipient
and
7
the
provider
sign
and
submit
to
the
department
of
human
8
services,
with
the
consumer
choices
option
employment
agreement
9
or
consumer-directed
attendant
care
agreement,
a
separate
10
written
acknowledgment
that
the
recipient
acknowledges
that
the
11
provider
has
the
necessary
competencies
and
training
to
provide
12
the
services
specified
in
the
agreement.
13
Sec.
19.
DEPARTMENT
OF
INSPECTIONS
AND
APPEALS
——
NURSE
AIDE
14
CURRICULUM.
The
department
of
inspections
and
appeals
shall
15
collaborate
with
the
direct
care
workforce
initiative
workgroup
16
to
ensure
that
the
training
curriculum
requirements
developed
17
for
a
health
support
professional
credential
satisfy
the
18
requirements
for
a
nurse
aide
pursuant
to
42
C.F.R.
§
483.152.
19
If
the
training
curriculum
requirements
developed
satisfy
20
this
standard,
beginning
January
1,
2015,
the
department
of
21
inspections
and
appeals
shall
approve
the
health
support
22
professional
training
as
the
approved
training
curriculum
for
23
nurse
aides
pursuant
to
42
C.F.R.
§
483.152.
24
Sec.
20.
TRANSITION
PROVISIONS.
25
1.
An
individual
providing
direct
care
services
on
or
26
before
January
1,
2015,
who
is
subject
to
the
certification
27
requirements
of
this
Act,
may
continue
providing
direct
care
28
services
while
completing
certification
as
required
under
this
29
Act.
The
board
of
direct
care
professionals
shall
adopt
rules
30
to
provide
that
certification
requirements
for
an
individual
31
subject
to
the
transition
process
are
based
on
consideration
32
of
previous
training,
employment
history,
and
experience,
and
33
require
such
individuals
to
complete
the
requirements
for
34
direct
care
associate
certification
within
the
time
frame
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determined
by
rule
of
the
board.
1
2.
An
individual
who
is
registered
on
or
before
January
2
1,
2015,
on
the
Iowa
direct
care
worker
registry
established
3
by
the
department
of
inspections
and
appeals,
is
deemed
to
4
satisfy
the
certification
requirements
for
a
health
support
5
professional
under
this
Act
and,
notwithstanding
any
provision
6
of
this
Act
to
the
contrary,
shall,
upon
application,
be
issued
7
initial
certification
as
a
direct
care
associate
or
a
health
8
support
professional,
as
requested
by
the
individual.
9
3.
Notwithstanding
sections
147.14
and
147.16,
for
the
10
initial
board
of
direct
care
professionals,
the
governor
may
11
appoint,
subject
to
confirmation
by
the
senate,
in
lieu
of
the
12
six
members
required
to
be
direct
care
professionals
and
the
13
two
members
required
to
be
direct
care
instructors,
members
14
with
employment
experience
providing
direct
care
services
in
15
diverse
settings
or
expertise
that
is
substantially
equivalent
16
to
the
professional
requirements
for
a
direct
care
professional
17
or
direct
care
instructor,
as
applicable.
18
Sec.
21.
IMPLEMENTATION.
The
provisions
of
this
Act
shall
19
be
implemented
as
follows:
20
1.
The
sections
of
this
Act
relating
to
the
board
of
direct
21
care
professionals
including
sections
152F.1
and
152F.5,
as
22
enacted
in
this
Act;
sections
10A.402,
135.11A,
135.31,
147.13,
23
147.14,
147.80,
147.88,
and
272C.1,
as
amended
in
this
Act,
24
and
as
specified
in
the
transition
provisions;
and
the
section
25
of
this
Act
providing
transition
provisions
relating
to
the
26
board
shall
be
implemented
so
that
a
board
of
direct
care
27
professionals
is
appointed
no
later
than
December
15,
2013.
28
2.
The
sections
of
this
Act
relating
to
requirements
for
29
certification
of
direct
care
professionals
including
sections
30
152F.2,
152F.3,
152F.4,
and
152F.6,
as
enacted
in
this
Act;
31
and
sections
147.1,
147.2,
and
147.74,
as
amended
in
this
Act,
32
shall
be
implemented
so
that
the
requirements
are
applicable
33
beginning
no
later
than
January
1,
2015.
34
Sec.
22.
FUNDING
PROVISIONS.
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1.
The
department
of
public
health
shall
limit
the
indirect
1
service
charge
for
the
board
of
direct
care
professionals
to
2
not
more
than
fifteen
percent.
3
2.
It
is
the
intent
of
the
general
assembly
that
the
board
4
of
direct
care
professionals
be
self-sustaining
by
January
1,
5
2018.
6
Sec.
23.
MEDICAL
ASSISTANCE
——
PREFERENTIAL
RATE
FOR
7
CERTIFIED
DIRECT
CARE
PROFESSIONALS.
The
department
8
of
human
services
shall
review
the
feasibility
of
and
9
benefits
to
the
medical
assistance
program
in
providing
a
10
preferential
reimbursement
rate
for
services
provided
by
11
direct
care
professionals
based
upon
the
individual’s
level
12
of
certification.
The
department
shall
report
findings
and
13
recommendations
to
the
chairpersons
and
ranking
members
of
the
14
joint
appropriations
subcommittee
on
health
and
human
services
15
by
December
15,
2013.
16
Sec.
24.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
17
of
immediate
importance,
takes
effect
upon
enactment.
18
EXPLANATION
19
This
bill
provides
for
the
certification
of
direct
care
20
professionals
under
new
Code
chapter
152F.
The
bill
provides
21
definitions
relating
to
levels
of
certification
and
services
22
provided,
and
defines
the
“board”
as
the
board
of
direct
care
23
professionals.
24
The
bill
requires
individuals
who
provide
direct
care
25
services
for
compensation
(direct
care
professionals)
to
be
26
certified
as
direct
care
associates.
27
The
bill
also
provides
for
advanced
training
and
specialty
28
endorsements
as
the
bases
for
higher
levels
of
certification.
29
The
bill
provides
requirements
for
certification,
renewal
30
of
certification,
continuing
education,
and
reciprocity
31
of
certification.
The
bill
provides
for
exemptions
32
from
certification
and
for
suspension
or
revocation
of
33
certification.
The
bill
specifies
the
duties
of
the
board
of
34
direct
care
professionals.
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The
bill
makes
conforming
changes
in
the
Code
including
1
those
under
Code
chapter
147
(general
provisions
for
2
health-related
professions),
and
Code
chapter
272C
(regulation
3
of
licensed
professions
and
occupations).
4
The
bill
provides
transition
provisions
for
the
initial
5
appointment
of
the
board
and
for
application
of
requirements
to
6
direct
care
professionals
providing
direct
care
services
prior
7
to
implementation
of
direct
care
professional
requirements
on
8
January
1,
2015.
The
bill
takes
effect
upon
enactment,
but
9
provides
for
phased-in
implementation.
10
The
provisions
of
Code
chapters
147
and
272C,
including
11
a
provision
in
Code
section
147.86
that
a
violation
of
Code
12
chapter
147
or
new
Code
chapter
152F
is
a
serious
misdemeanor,
13
are
applicable
to
new
Code
chapter
152F.
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