Bill Text: IA SSB3089 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act eliminating the board of hearing aid specialists and licensure requirements for hearing aid specialists, and including transition provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-06 - Subcommittee recommends passage. [SSB3089 Detail]
Download: Iowa-2019-SSB3089-Introduced.html
Senate
Study
Bill
3089
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
SMITH)
A
BILL
FOR
An
Act
eliminating
the
board
of
hearing
aid
specialists
and
1
licensure
requirements
for
hearing
aid
specialists,
and
2
including
transition
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
147.1,
subsections
3
and
6,
Code
2020,
1
are
amended
to
read
as
follows:
2
3.
“Licensed”
or
“certified”
,
when
applied
to
a
physician
3
and
surgeon,
podiatric
physician,
osteopathic
physician
and
4
surgeon,
genetic
counselor,
physician
assistant,
psychologist,
5
chiropractor,
nurse,
dentist,
dental
hygienist,
dental
6
assistant,
optometrist,
speech
pathologist,
audiologist,
7
pharmacist,
physical
therapist,
physical
therapist
assistant,
8
occupational
therapist,
occupational
therapy
assistant,
9
orthotist,
prosthetist,
pedorthist,
respiratory
care
10
practitioner,
practitioner
of
cosmetology
arts
and
sciences,
11
practitioner
of
barbering,
funeral
director,
dietitian,
12
behavior
analyst,
assistant
behavior
analyst,
marital
and
13
family
therapist,
mental
health
counselor,
respiratory
14
care
and
polysomnography
practitioner,
polysomnographic
15
technologist,
social
worker,
massage
therapist,
athletic
16
trainer,
acupuncturist,
nursing
home
administrator,
hearing
17
aid
specialist,
or
sign
language
interpreter
or
transliterator
18
means
a
person
licensed
under
this
subtitle
.
19
6.
“Profession”
means
medicine
and
surgery,
podiatry,
20
osteopathic
medicine
and
surgery,
genetic
counseling,
practice
21
as
a
physician
assistant,
psychology,
chiropractic,
nursing,
22
dentistry,
dental
hygiene,
dental
assisting,
optometry,
speech
23
pathology,
audiology,
pharmacy,
physical
therapy,
physical
24
therapist
assisting,
occupational
therapy,
occupational
therapy
25
assisting,
respiratory
care,
cosmetology
arts
and
sciences,
26
barbering,
mortuary
science,
applied
behavior
analysis,
marital
27
and
family
therapy,
mental
health
counseling,
polysomnography,
28
social
work,
dietetics,
massage
therapy,
athletic
training,
29
acupuncture,
nursing
home
administration,
practice
as
a
hearing
30
aid
specialist,
sign
language
interpreting
or
transliterating,
31
orthotics,
prosthetics,
or
pedorthics.
32
Sec.
2.
Section
147.2,
subsection
1,
Code
2020,
is
amended
33
to
read
as
follows:
34
1.
A
person
shall
not
engage
in
the
practice
of
medicine
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and
surgery,
podiatry,
osteopathic
medicine
and
surgery,
1
genetic
counseling,
psychology,
chiropractic,
physical
2
therapy,
physical
therapist
assisting,
nursing,
dentistry,
3
dental
hygiene,
dental
assisting,
optometry,
speech
pathology,
4
audiology,
occupational
therapy,
occupational
therapy
5
assisting,
orthotics,
prosthetics,
pedorthics,
respiratory
6
care,
pharmacy,
cosmetology
arts
and
sciences,
barbering,
7
social
work,
dietetics,
applied
behavior
analysis,
marital
8
and
family
therapy
or
mental
health
counseling,
massage
9
therapy,
mortuary
science,
polysomnography,
athletic
training,
10
acupuncture,
nursing
home
administration,
or
sign
language
11
interpreting
or
transliterating,
or
shall
not
practice
as
a
12
physician
assistant
or
a
hearing
aid
specialist
,
unless
the
13
person
has
obtained
a
license
for
that
purpose
from
the
board
14
for
the
profession.
15
Sec.
3.
Section
147.13,
subsection
22,
Code
2020,
is
amended
16
by
striking
the
subsection.
17
Sec.
4.
Section
147.14,
subsection
1,
paragraph
v,
Code
18
2020,
is
amended
by
striking
the
paragraph.
19
Sec.
5.
Section
154F.2,
subsection
1,
paragraph
b,
Code
20
2020,
is
amended
by
striking
the
paragraph.
21
Sec.
6.
Section
154F.2,
subsection
2,
Code
2020,
is
amended
22
to
read
as
follows:
23
2.
A
person
exempted
from
the
provisions
of
this
chapter
by
24
this
section
shall
not
use
the
title
“speech
pathologist”
or
25
“audiologist”
or
any
title
or
device
indicating
or
representing
26
in
any
manner
that
the
person
is
a
speech
pathologist
or
is
27
an
audiologist;
provided,
a
hearing
aid
specialist
licensed
28
under
chapter
154A
may
use
the
title
“certified
hearing
29
aid
audiologist”
when
granted
by
the
national
hearing
aid
30
society;
and
provided,
persons
who
meet
the
requirements
31
of
section
154F.3,
subsection
1
,
who
are
certified
by
the
32
department
of
education
as
speech
clinicians
may
use
the
title
33
“speech
pathologist”
and
persons
who
meet
the
requirements
34
of
section
154F.3,
subsection
2
,
who
are
certified
by
the
35
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department
of
education
as
hearing
clinicians
may
use
the
1
title
“audiologist”,
while
acting
within
the
scope
of
their
2
employment.
3
Sec.
7.
Section
216E.7,
Code
2020,
is
amended
to
read
as
4
follows:
5
216E.7
Exemptions.
6
This
chapter
does
not
apply
to
a
hearing
aid
sold,
leased,
7
or
transferred
to
a
consumer
by
an
audiologist
licensed
under
8
chapter
154F
,
or
a
hearing
aid
specialist
licensed
under
9
chapter
154A
,
if
the
audiologist
or
specialist
provides
either
10
an
express
warranty
for
the
hearing
aid
or
provides
for
service
11
and
replacement
of
the
hearing
aid.
12
Sec.
8.
Section
272C.1,
subsection
6,
paragraph
v,
Code
13
2020,
is
amended
by
striking
the
paragraph.
14
Sec.
9.
Section
272C.3,
subsection
2,
paragraph
a,
Code
15
2020,
is
amended
to
read
as
follows:
16
a.
Revoke
a
license,
or
suspend
a
license
either
until
17
further
order
of
the
board
or
for
a
specified
period,
upon
any
18
of
the
grounds
specified
in
section
100D.5
,
105.22
,
147.55
,
19
148.6
,
148B.7
,
152.10
,
153.34
,
154A.24
,
169.13
,
455B.219
,
20
542.10
,
542B.21
,
543B.29
,
544A.13
,
544B.15
,
or
602.3203
or
21
chapter
151
or
155
,
as
applicable,
or
upon
any
other
grounds
22
specifically
provided
for
in
this
chapter
for
revocation
of
23
the
license
of
a
licensee
subject
to
the
jurisdiction
of
24
that
board,
or
upon
failure
of
the
licensee
to
comply
with
a
25
decision
of
the
board
imposing
licensee
discipline.
26
Sec.
10.
Section
272C.4,
subsection
6,
Code
2020,
is
amended
27
to
read
as
follows:
28
6.
Define
by
rule
acts
or
omissions
that
are
grounds
for
29
revocation
or
suspension
of
a
license
under
section
100D.5
,
30
105.22
,
147.55
,
148.6
,
148B.7
,
152.10
,
153.34
,
154A.24
,
169.13
,
31
455B.219
,
542.10
,
542B.21
,
543B.29
,
544A.13
,
544B.15
,
or
32
602.3203
or
chapter
151
or
155
,
as
applicable,
and
to
define
33
by
rule
acts
or
omissions
that
constitute
negligence,
careless
34
acts,
or
omissions
within
the
meaning
of
section
272C.3,
35
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subsection
2
,
paragraph
“b”
,
which
licensees
are
required
to
1
report
to
the
board
pursuant
to
section
272C.9,
subsection
2
.
2
Sec.
11.
Section
272C.5,
subsection
2,
paragraph
c,
Code
3
2020,
is
amended
to
read
as
follows:
4
c.
Shall
state
whether
the
procedures
are
an
alternative
5
to
or
an
addition
to
the
procedures
stated
in
sections
100D.5
,
6
105.23
,
105.24
,
148.6
through
148.9
,
152.10
,
152.11
,
153.33
,
7
154A.23
,
542.11
,
542B.22
,
543B.35
,
543B.36
,
and
544B.16
.
8
Sec.
12.
Section
272C.6,
subsection
6,
paragraph
a,
9
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
10
follows:
11
A
board
created
pursuant
to
chapter
147
,
154A
,
155
,
169
,
542
,
12
542B
,
543B
,
543D
,
544A
,
or
544B
may
charge
a
fee
not
to
exceed
13
seventy-five
dollars
for
conducting
a
disciplinary
hearing
14
pursuant
to
this
chapter
which
results
in
disciplinary
action
15
taken
against
the
licensee
by
the
board,
and
in
addition
to
the
16
fee,
may
recover
from
a
licensee
the
costs
for
the
following
17
procedures
and
associated
personnel:
18
Sec.
13.
Section
272C.6,
subsection
6,
paragraph
a,
19
subparagraph
(4),
Code
2020,
is
amended
to
read
as
follows:
20
(4)
Medical
examination
fees
incurred
relating
to
a
person
21
licensed
under
chapter
147
,
154A
,
155
,
or
169
.
22
Sec.
14.
REPEAL.
Chapter
154A,
Code
2020,
is
repealed.
23
Sec.
15.
TRANSITION
PROVISIONS.
24
1.
All
moneys
in
a
dedicated
fund
of
the
board
of
hearing
25
aid
specialists
shall
be
transferred
to
the
general
fund
of
the
26
state
on
the
effective
date
of
this
Act.
27
2.
The
property
and
records
in
the
custody
of
the
board
of
28
hearing
aid
specialists
shall
be
transferred
to
the
department
29
of
administrative
services
on
the
effective
date
of
this
Act.
30
3.
Any
cause
or
action,
claim,
or
obligation
against
the
31
board
of
hearing
aid
specialists
in
existence
on
the
effective
32
date
of
this
Act
shall
not
be
affected
as
a
result
of
this
Act.
33
4.
An
administrative
hearing
or
court
proceeding
arising
34
out
of
an
enforcement
action
under
chapter
154A
or
related
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administrative
rules
pending
on
the
effective
date
of
this
Act
1
shall
not
be
affected
by
this
Act.
Any
cause
of
action
or
2
statute
of
limitations
relating
to
an
action
taken
by
the
board
3
of
hearing
aid
specialists
shall
not
be
affected
by
this
Act
4
and
such
cause
of
action
or
statute
of
limitations
shall
apply
5
to
the
department
of
public
health.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
repeals
Code
chapter
154A,
imposing
licensing
10
requirements
on
persons
applying
to
practice
as
a
hearing
aid
11
specialist
in
Iowa.
The
bill
also
repeals
the
Code
section
12
creating
the
board
of
hearing
aid
specialists
and
removes
13
references
to
the
board
of
hearing
aid
specialists.
The
14
bill
includes
transition
provisions
for
the
disposition
of
15
funds
and
property
in
the
possession
of
the
board
of
hearing
16
aid
specialists
and
continues
any
cause
of
action,
claim,
17
administrative
hearing,
court
proceeding,
and
obligation
18
against
the
board
of
hearing
aid
specialists
in
existence
as
of
19
the
effective
date
of
the
bill.
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