Bill Text: IA SF261 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the practice of alternative and complementary medicine, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-14 - Subcommittee Meeting: 02/20/2019 10:30AM RM 315. [SF261 Detail]
Download: Iowa-2019-SF261-Introduced.html
Senate
File
261
-
Introduced
SENATE
FILE
261
BY
ZAUN
A
BILL
FOR
An
Act
relating
to
the
practice
of
alternative
and
1
complementary
medicine,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
147.86A
Provisions
not
applicable.
1
The
provisions
of
this
chapter,
or
any
chapter
contained
in
2
Tit.
IV,
subtitle
3,
licensing
a
health
care
provider
shall
3
not
be
construed
to
prohibit
the
practice
of
complementary
and
4
alternative
health
care,
as
defined
in
section
147.95
by
an
5
unlicensed
person
provided
that
the
requirements
of
section
6
147.95
are
met.
The
penalty
provisions
of
section
147.86,
7
or
specific
penalty
provisions
contained
within
an
otherwise
8
applicable
licensing
chapter,
shall
not
apply
to
the
practice
9
of
complementary
and
alternative
health
care,
subject
to
10
section
147.95,
subsection
4.
11
Sec.
2.
NEW
SECTION
.
147.95
Complementary
and
alternative
12
health
care.
13
1.
This
section
shall
be
known
and
may
be
cited
as
the
14
“Iowans
Access
to
Complementary
and
Alternative
Health
Care
Act”
.
15
2.
As
used
in
this
section,
and
section
147.86A,
16
“complementary
and
alternative
health
care”
means
a
diverse
group
17
of
health
care
and
healing
systems,
methods,
and
treatments
18
that
are
practiced
by
persons
who
comply
with
subsections
3
and
19
4.
Complementary
and
alternative
health
care
includes
but
is
20
not
limited
to
the
following:
21
a.
Ayurvedic
medicine.
22
b.
Acupressure.
23
c.
Aromatherapy.
24
d.
Biofeedback.
25
e.
Detoxification
practices.
26
f.
Energy
medicine.
27
g.
Feldenkrais.
28
h.
Foods,
dietary
supplements,
and
essential
oils.
29
i.
Herbalism.
30
j.
Homeopathic
medicine.
31
k.
Hydrotherapy.
32
l.
Hypnosis.
33
m.
Kinesiology.
34
n.
Light
or
sound
therapy.
35
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o.
Mind-body
centering.
1
p.
Native
American
and
other
cultural
healing
practices.
2
q.
Qigong.
3
r.
Reiki.
4
s.
Reflexology.
5
t.
Traditional
naturopathy.
6
u.
Trager
approach.
7
3.
Complementary
and
alternative
health
care
may
be
8
provided
by
a
person
who
is
not
a
licensed
health
care
provider
9
in
this
state
pursuant
to
the
licensure
provisions
of
any
10
of
the
chapters
of
Tit.
IV,
subtitle
3,
provided
that
the
11
following
requirements
are
met:
12
a.
Prior
to
the
provision
of
complementary
and
alternative
13
health
care,
a
provider
of
such
care
shall
supply
a
prospective
14
client
with
a
plainly
worded
written
statement
disclosing:
15
(1)
That
the
provider
is
not
a
licensed
health
care
provider
16
pursuant
to
the
licensure
provisions
of
any
of
the
chapters
of
17
Tit.
IV,
subtitle
3.
18
(2)
The
nature
of
the
complementary
and
alternative
health
19
care
to
be
provided.
20
(3)
The
education,
training,
or
experience,
or
other
21
credentials
or
qualifications
of
the
provider
regarding
the
22
complementary
and
alternative
health
care
being
provided,
23
accompanied
by
the
following
statement:
24
“The
state
of
Iowa
has
not
adopted
educational
and
training
25
standards
for
unlicensed
complementary
and
alternative
26
health
care
providers.
This
statement
of
credentials
is
for
27
informational
purposes
only.
If
a
client
wishes
to
receive
28
health
care
from
a
licensed
health
care
provider,
the
client
29
may
seek
such
care
at
any
time.
Clients
receiving
treatment
30
from
a
licensed
provider
of
health
care
should
consult
with
31
a
licensed
provider
before
modifying
or
discontinuing
such
32
treatment.”
33
b.
A
written
acknowledgment
shall
be
obtained
from
the
34
prospective
client
indicating
that
the
prospective
client
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has
been
provided
with
the
statement
required
by
paragraph
1
“a”
.
The
acknowledgment
shall
be
maintained
by
the
provider
2
for
a
two-year
period.
A
copy
of
the
acknowledgment
shall
be
3
provided
to
the
prospective
client.
4
4.
A
person
providing
complementary
and
alternative
health
5
care
diagnoses
and
treatment
shall
be
subject
to
the
penalty
6
provision
of
section
147.86,
and
specific
penalty
provisions
7
pursuant
to
the
applicable
licensing
chapter
contained
within
8
Tit.
IV,
subtitle
3,
if
that
person
does
any
of
the
following:
9
a.
Fails
to
comply
with
the
provisions
of
subsection
2.
10
b.
Conducts
surgery
or
punctures
the
skin.
11
c.
Prescribes
or
administers
X
ray
radiation.
12
d.
Prescribes
or
administers
drugs
or
controlled
substances
13
for
which
a
prescription
by
a
licensed
health
care
provider
is
14
required.
15
e.
Willfully
administers
a
treatment
that
causes
an
imminent
16
and
discernable
risk
of
serious
bodily
injury,
serious
physical
17
or
mental
illness,
or
death.
18
f.
Represents,
states,
indicates,
advertises,
or
implies
19
that
the
person
has
been
issued
a
license
to
practice
a
health
20
care
profession
in
this
state.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
the
provision
of
complementary
and
25
alternative
health
care
by
unlicensed
persons.
26
The
bill
provides
that
the
provisions
of
Code
Tit.
27
IV,
subtitle
3,
dealing
with
the
licensing
of
health
care
28
providers,
including
penalty
provisions,
shall
not
apply
to
29
the
provision
of
complementary
and
alternative
health
care
by
30
unlicensed
persons,
if
the
requirements
of
new
Code
section
31
147.95
governing
the
provision
of
such
care
are
met.
32
The
bill
provides
a
definition
of
complementary
and
33
alternative
health
care
that
refers
to
a
diverse
group
of
34
health
care
and
healing
systems,
methods,
and
treatments.
The
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bill
provides
examples
of
these
services.
1
The
bill
provides
that
several
requirements
apply
to
the
2
provision
of
complementary
and
alternative
health
care.
The
3
bill
provides
that
prior
to
the
provision
of
the
care,
a
4
provider
of
such
care
shall
supply
a
prospective
client
with
a
5
plainly
worded
written
statement
disclosing
that
the
provider
6
is
not
a
licensed
health
care
provider,
the
nature
of
the
7
complementary
and
alternative
health
care
to
be
provided,
and
8
the
provider’s
education,
training,
or
experience,
or
other
9
credentials
or
qualifications.
The
bill
provides
specific
10
wording
regarding
this
statement
of
credentials.
The
bill
11
provides
that
a
written
acknowledgment
shall
be
obtained
from
12
the
prospective
client
indicating
that
the
prospective
client
13
has
been
provided
with
the
statement.
14
The
bill
provides
that
current
Code
penalty
provisions
shall
15
apply
if
a
specified
list
of
unauthorized
practices
is
engaged
16
in.
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