Senate File 274 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON HUMAN
                                  RESOURCES

                              (SUCCESSOR TO SSB
                                  1096)
 \5
                                   A BILL FOR
 \1
                                        Senate File 274

                             AN ACT
 RELATING TO PROGRAMS AND SERVICES UNDER THE PURVIEW OF THE
    DEPARTMENT OF PUBLIC HEALTH INCLUDING THE BOARD OF HEARING
    AID DISPENSERS AND THE MEDICAL RESIDENCY TRAINING MATCHING
    GRANTS PROGRAM AND INCLUDING EFFECTIVE DATE AND RETROACTIVE
    APPLICABILITY PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
                           DIVISION I
                     HEARING AID SPECIALISTS
    Section 1.  Section 147.1, subsections 3 and 6, Code 2015,
 are amended to read as follows:
    3.  "Licensed" or "certified", when applied to a physician
 and surgeon, podiatric physician, osteopathic physician and
 surgeon, physician assistant, psychologist, chiropractor,
 nurse, dentist, dental hygienist, dental assistant,
 optometrist, speech pathologist, audiologist, pharmacist,
 physical therapist, physical therapist assistant, occupational
 therapist, occupational therapy assistant, orthotist,
 prosthetist, pedorthist, respiratory care practitioner,
 practitioner of cosmetology arts and sciences, practitioner
 of barbering, funeral director, dietitian, marital and family
 therapist, mental health counselor, social worker, massage
 therapist, athletic trainer, acupuncturist, nursing home
 administrator, hearing aid dispenser specialist, or sign
 language interpreter or transliterator means a person licensed
 under this subtitle.
    6.  "Profession" means medicine and surgery, podiatry,
 osteopathic medicine and surgery, practice as a physician
 assistant, psychology, chiropractic, nursing, dentistry,
 dental hygiene, dental assisting, optometry, speech pathology,
 audiology, pharmacy, physical therapy, physical therapist
 assisting, occupational therapy, occupational therapy
 assisting, respiratory care, cosmetology arts and sciences,
 barbering, mortuary science, marital and family therapy, mental
 health counseling, social work, dietetics, massage therapy,
 athletic training, acupuncture, nursing home administration,
 practice as a hearing aid dispensing specialist, sign language
 interpreting or transliterating, orthotics, prosthetics, or
 pedorthics.
    Sec. 2.  Section 147.2, subsection 1, Code 2015, is amended
 to read as follows:
    1.  A person shall not engage in the practice of medicine
 and surgery, podiatry, osteopathic medicine and surgery,
 psychology, chiropractic, physical therapy, physical
 therapist assisting, nursing, dentistry, dental hygiene,
 dental assisting, optometry, speech pathology, audiology,
 occupational therapy, occupational therapy assisting,
 orthotics, prosthetics, pedorthics, respiratory care,
 pharmacy, cosmetology arts and sciences, barbering, social
 work, dietetics, marital and family therapy or mental health
 counseling, massage therapy, mortuary science, athletic
 training, acupuncture, nursing home administration, hearing aid
 dispensing, or sign language interpreting or transliterating,
 or shall not practice as a physician assistant or a hearing aid
 specialist, unless the person has obtained a license for that
 purpose from the board for the profession.
    Sec. 3.  Section 147.13, subsection 22, Code 2015, is amended
 to read as follows:
    22.  For hearing aid dispensing specialists, the board of
 hearing aid dispensers specialists.
    Sec. 4.  Section 147.14, subsection 1, paragraph v, Code
 2015, is amended to read as follows:
    v.  For hearing aid dispensers specialists, three licensed
 hearing aid dispensers specialists and two members who are not
 licensed hearing aid dispensers specialists who shall represent
 the general public. No more than two members of the board
 shall be employees of, or dispensers specialists principally
 for, the same hearing aid manufacturer.
    Sec. 5.  Section 154A.1, subsections 1, 3, 6, 7, and 9, Code
 2015, are amended to read as follows:
    1.  "Board" means the board of hearing aid dispensers
  specialists.
    3.  "Dispense" or "sell" means a transfer of title or of
 the right to use by lease, bailment, or any other means,
 but excludes a wholesale transaction with a distributor or
 dispenser hearing aid specialist, and excludes the temporary,
 charitable loan or educational loan of a hearing aid without
 remuneration.
    6.  "Hearing aid fitting" means the measurement of
 human hearing by any means for the purpose of selections,
 adaptations, and sales of hearing aids, and the instruction and
 counseling pertaining thereto to the selections, adaptations,
 and sales of hearing aids, and demonstration of techniques in
 the use of hearing aids, and the making of earmold impressions
 as part of the fitting of hearing aids.
    7.  "License" means a license issued by the state under this
 chapter to a hearing aid dispensers specialist.
    9.  "Temporary permit" means a permit issued while the
 applicant is in training to become a licensed hearing aid
 dispenser specialist.
    Sec. 6.  Section 154A.1, subsection 5, Code 2015, is amended
 by striking the subsection.
    Sec. 7.  Section 154A.1, Code 2015, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  6A.  "Hearing aid specialist" means any
 person engaged in the fitting, dispensing, and sale of hearing
 aids and providing hearing aid services or maintenance, by
 means of procedures stipulated by this chapter or the board.
    Sec. 8.  Section 154A.13, Code 2015, is amended to read as
 follows:
    154A.13  Temporary permit.
    A person who has not been licensed as a hearing aid dispenser
  specialist may obtain a temporary permit from the department
 upon completion of the application accompanied by the written
 verification of employment from a licensed hearing aid
 dispenser specialist. The department shall issue a temporary
 permit for one year which shall not be renewed or reissued.
 The fee for issuance of the temporary permit shall be set by
 the board in accordance with the provisions for establishment
 of fees in section 147.80. The temporary permit entitles an
 applicant to engage in the fitting or selection and sale of
 hearing aids under the supervision of a person holding a valid
 license.
    Sec. 9.  Section 154A.19, Code 2015, is amended to read as
 follows:
    154A.19  Exceptions.
    1.  This chapter shall not prohibit a corporation,
 partnership, trust, association, or other organization
 maintaining an established business address from engaging in
 the business of selling or offering for sale hearing aids at
 retail without a license if it employs only licensed hearing
 aid dispensers specialists in the direct fitting or selection
 and sale of hearing aids. Such an organization shall file
 annually with the board a list of all licensed hearing aid
 dispensers specialists and persons holding temporary permits
 directly or indirectly employed by it. Such an organization
 shall also file with the board a statement on a form approved
 by the board that the organization submits itself to the rules
 and regulations of the board and the provisions of this chapter
 which the department deems applicable.
    2.  This chapter shall not apply to a person who engages
 in the practices covered by this chapter if this activity is
 part of the academic curriculum of an accredited institution of
 higher education, or part of a program conducted by a public
 or charitable institution, or nonprofit organization, unless
 the institution or organization also dispenses or sells hearing
 aids.
    3.  This chapter shall not prevent any person from engaging
 in practices covered by this chapter, provided the person, or
 organization employing the person, does not dispense or sell
 hearing aids.
    Sec. 10.  Section 154A.20, Code 2015, is amended to read as
 follows:
    154A.20  Rights of purchaser.
    1.  A hearing aid dispenser specialist shall deliver, to
 each person supplied with a hearing aid, a receipt which
 contains the licensee's signature and shows the licensee's
 business address and the number of the license, together with
 specifications as to the make, model, and serial number of the
 hearing aid furnished, and full terms of sale clearly stated,
 including the date of consummation of the sale of the hearing
 aid. If a hearing aid is sold which is not new, the receipt and
 the container must be clearly marked "used" or "reconditioned",
 with the terms of guarantee, if any.
    2.  The receipt shall bear the following statement in type no
 smaller than the largest used in the body copy portion of the
 receipt:
 The purchaser has been advised that any examination or
 representation made by a licensed hearing aid dispenser
  specialist in connection with the fitting or selection and
 selling of this hearing aid is not an examination, diagnosis,
 or prescription by a person licensed to practice medicine in
 this state and therefore, must not be regarded as medical
 opinion or advice.
    3.  Whenever any of the following conditions are found to
 exist either from observations by the licensed hearing aid
 dispenser specialist or person holding a temporary permit or on
 the basis of information furnished by a prospective hearing aid
 user, the hearing aid dispenser specialist or person holding a
 temporary permit shall, prior to fitting and selling a hearing
 aid to any individual, suggest to that individual in writing
 that the individual's best interests would be served if the
 individual would consult a licensed physician specializing
 in diseases of the ear, or if no such licensed physician is
 available in the community, then a duly licensed physician:
    a.  Visible congenital or traumatic deformity of the ear.
    b.  History of, or active drainage from the ear within the
 previous ninety days.
    c.  History of sudden or rapidly progressive hearing loss
 within the previous ninety days.
    d.  Acute or chronic dizziness.
    e.  Unilateral hearing loss of sudden or recent onset within
 the previous ninety days.
    f.  Significant air=bone gap (greater greater than or equal
 to 15dB ANSI 500, 1000 and 2000 Hz. average) average.
    g.  Obstruction of the ear canal, by structures of
 undetermined origin, such as foreign bodies, impacted cerumen,
 redness, swelling, or tenderness from localized infections of
 the otherwise normal ear canal.
    4.  A copy of the written recommendation shall be retained by
 the licensed hearing aid dispenser specialist for the period
 of seven years. A person receiving the written recommendation
 who elects to purchase a hearing aid shall sign a receipt for
 the same, and the receipt shall be kept with the other papers
 retained by the licensed hearing aid dispenser specialist for
 the period of seven years. Nothing in this section required
 to be performed by a licensed hearing aid dispenser specialist
  shall mean that the hearing aid dispenser specialist is engaged
 in the diagnosis of illness or the practice of medicine or any
 other activity prohibited by this chapter.
    5.  No hearing aid shall be sold by any individual licensed
 under this chapter to a person twelve years of age or younger,
 unless within the preceding six months a recommendation for
 a hearing aid has been made by a physician specializing in
 otolaryngology. A replacement of an identical hearing aid
 within one year shall be an exception to this requirement.
    6.  A licensed hearing aid dispenser specialist shall, upon
 the consummation of a sale of a hearing aid, keep and maintain
 records in the dispenser's specialist's office or place of
 business at all times and each such record shall be kept
 and maintained for a seven=year period. These records shall
 include:
    a.  Results of test techniques as they pertain to fitting of
 the hearing aids.
    b.  A copy of the written receipt and the written
 recommendation.
    Sec. 11.  Section 154A.21, Code 2015, is amended to read as
 follows:
    154A.21  Notice of address.
    1.  A licensee or person holding a temporary permit shall
 notify the department in writing of the address of the place
 where the licensee or permittee engages or intends to engage in
 business as a hearing aid dispenser specialist. The department
 shall keep a record of the place of business of licensees and
 persons holding temporary permits.
    2.  Any notice required to be given by the department to a
 licensee shall be adequately served if sent by certified mail
 to the address of the last place of business recorded.
    Sec. 12.  Section 154A.24, subsection 3, paragraphs e and i,
 Code 2015, are amended to read as follows:
    e.  Representing that the service or advice of a person
 licensed to practice medicine, or one who is certificated as
 a clinical audiologist by the board of speech pathology and
 audiology or its equivalent, will be used or made available in
 the fitting or selection, adjustment, maintenance, or repair
 of hearing aids when that is not true, or using the words
 "doctor", "clinic", "clinical audiologist", "state approved",
 or similar words, abbreviations, or symbols which tend to
 connote the medical or other professions, except where the
 title "certified hearing aid audiologist" has been granted
 by the national hearing aid society, or that the hearing aid
 dispenser specialist has been recommended by this state or the
 board when such is not accurate.
    i.  Directly or indirectly giving or offering to give, or
 permitting or causing to be given, money or anything of value
 to a person who advises another in a professional capacity, as
 an inducement to influence the person or cause the person to
 influence others to purchase or contract to purchase products
 sold or offered for sale by a hearing aid dispenser specialist,
 or to influence others to refrain from dealing in the products
 of competitors.
    Sec. 13.  Section 154A.25, subsection 2, Code 2015, is
 amended to read as follows:
    2.  Purchase or procure by barter a license or temporary
 permit with intent to use it as evidence of the holder's
 qualifications to engage in business as a hearing aid dispenser
  specialist.
    Sec. 14.  Section 154F.2, subsection 1, paragraph b, Code
 2015, is amended to read as follows:
    b.  Hearing aid fitting, the dispensing or sale of hearing
 aids, and the providing of hearing aid service and maintenance
 by a hearing aid dispenser specialist or holder of a temporary
 permit as defined and licensed under chapter 154A.
    Sec. 15.  Section 154F.2, subsection 2, Code 2015, is amended
 to read as follows:
    2.  A person exempted from the provisions of this chapter by
 this section shall not use the title "speech pathologist" or
 "audiologist" or any title or device indicating or representing
 in any manner that the person is a speech pathologist or is
 an audiologist; provided, a hearing aid dispenser specialist
  licensed under chapter 154A may use the title "certified
 hearing aid audiologist" when granted by the national hearing
 aid society; and provided, persons who meet the requirements
 of section 154F.3, subsection 1, who are certified by the
 department of education as speech clinicians may use the title
 "speech pathologist" and persons who meet the requirements
 of section 154F.3, subsection 2, who are certified by the
 department of education as hearing clinicians may use the
 title "audiologist", while acting within the scope of their
 employment.
    Sec. 16.  Section 216E.7, Code 2015, is amended to read as
 follows:
    216E.7  Exemptions.
 This chapter does not apply to a hearing aid sold, leased,
 or transferred to a consumer by an audiologist licensed under
 chapter 154F, or a hearing aid dispenser specialist licensed
 under chapter 154A, if the audiologist or dispenser specialist
  provides either an express warranty for the hearing aid or
 provides for service and replacement of the hearing aid.
    Sec. 17.  Section 272C.1, subsection 6, paragraph v, Code
 2015, is amended to read as follows:
    v.  The board of hearing aid dispensers specialists, created
 pursuant to chapter 154A.
                           DIVISION II
  MEDICAL RESIDENCY TRAINING STATE MATCHING GRANTS PROGRAM ==
                           REENACTMENT
    Sec. 18.  NEW SECTION.  135.176  Medical residency training
 state matching grants program.
    1.  The department shall establish a medical residency
 training state matching grants program to provide matching
 state funding to sponsors of accredited graduate medical
 education residency programs in this state to establish,
 expand, or support medical residency training programs.
 Funding for the program may be provided through the health
 care workforce shortage fund or the medical residency training
 account created in section 135.175.  For the purposes of this
 section, unless the context otherwise requires, "accredited"
 means a graduate medical education program approved by the
 accreditation council for graduate medical education or the
 American osteopathic association.  The grant funds may be
 used to support medical residency programs through any of the
 following:
    a.  The establishment of new or alternative campus accredited
 medical residency training programs.  For the purposes of
 this paragraph, "new or alternative campus accredited medical
 residency training program" means a program that is accredited
 by a recognized entity approved for such purpose by the
 accreditation council for graduate medical education or the
 American osteopathic association with the exception that
 a new medical residency training program that, by reason
 of an insufficient period of operation is not eligible for
 accreditation on or before the date of submission of an
 application for a grant, may be deemed accredited if the
 accreditation council for graduate medical education or the
 American osteopathic association finds, after consultation with
 the appropriate accreditation entity, that there is reasonable
 assurance that the program will meet the accreditation
 standards of the entity prior to the date of graduation of the
 initial class in the program.
    b.  The provision of new residency positions within existing
 accredited medical residency or fellowship training programs.
    c.  The funding of residency positions which are in excess of
 the federal residency cap.  For the purposes of this paragraph,
 "in excess of the federal residency cap" means a residency
 position for which no federal Medicare funding is available
 because the residency position is a position beyond the cap for
 residency positions established by the federal Balanced Budget
 Act of 1997, Pub. L. No. 105=33.
    2.  The department shall adopt rules pursuant to chapter 17A
 to provide for all of the following:
    a.  Eligibility requirements for and qualifications
 of a sponsor of an accredited graduate medical education
 residency program to receive a grant.  The requirements and
 qualifications shall include but are not limited to all of the
 following:
    (1)  Only a sponsor that establishes a dedicated fund to
 support a residency program that meets the specifications of
 this section shall be eligible to receive a matching grant.  A
 sponsor funding residency positions in excess of the federal
 residency cap, as defined in subsection 1, paragraph "c",
 exclusive of funds provided under the medical residency
 training state matching grants program established in this
 section, is deemed to have satisfied this requirement and
 shall be eligible for a matching grant equal to the amount of
 funds expended for such residency positions, subject to the
 limitation on the maximum award of grant funds specified in
 paragraph "e".
    (2)  A sponsor shall demonstrate, through documented
 financial information as prescribed by rule of the department,
 that funds have been reserved and will be expended by the
 sponsor in the amount required to provide matching funds for
 each residency proposed in the request for state matching
 funds.
    (3)  A sponsor shall demonstrate, through objective evidence
 as prescribed by rule of the department, a need for such
 residency program in the state.
    b.  The application process for the grant.
    c.  Criteria for preference in awarding of the grants,
 including preference in the residency specialty.
    d.  Determination of the amount of a grant.  The total amount
 of a grant awarded to a sponsor shall be limited to no more
 than twenty=five percent of the amount that the sponsor has
 demonstrated through documented financial information has been
 reserved and will be expended by the sponsor for each residency
 sponsored for the purpose of the residency program.
    e.  The maximum award of grant funds to a particular
 individual sponsor per year.  An individual sponsor shall not
 receive more than twenty=five percent of the state matching
 funds available each year to support the program.  However,
 if less than ninety=five percent of the available funds has
 been awarded in a given year, a sponsor may receive more than
 twenty=five percent of the state matching funds available
 if total funds awarded do not exceed ninety=five percent of
 the available funds.  If more than one sponsor meets the
 requirements of this section and has established, expanded,
 or supported a graduate medical residency training program,
 as specified in subsection 1, in excess of the sponsor's
 twenty=five percent maximum share of state matching funds, the
 state matching funds shall be divided proportionately among
 such sponsors.
    f.  Use of the funds awarded.  Funds may be used to pay the
 costs of establishing, expanding, or supporting an accredited
 graduate medical education program as specified in this
 section, including but not limited to the costs associated with
 residency stipends and physician faculty stipends.
    Sec. 19.  EFFECTIVE DATE.  This division of this Act, being
 deemed of immediate importance, takes effect upon enactment.
    Sec. 20.  APPLICABILITY.  This division of this Act applies
 retroactively to June 30, 2014.
                          DIVISION III
  MEDICAL RESIDENCY TRAINING STATE MATCHING GRANTS PROGRAM ==
                           AMENDMENTS
    Sec. 21.  Section 135.176, as enacted in this Act, is amended
 to read as follows:
    135.176  Medical residency training state matching grants
 program.
    1.  The department shall establish a medical residency
 training state matching grants program to provide matching
 state funding to sponsors of accredited graduate medical
 education residency programs in this state to establish,
 expand, or support medical residency training programs.
 Funding for the program may be provided through the health
 care workforce shortage fund or the medical residency training
 account created in section 135.175.  For the purposes of this
 section, unless the context otherwise requires, "accredited"
 means a graduate medical education program approved by the
 accreditation council for graduate medical education or the
 American osteopathic association.  The grant funds may be
 used to support medical residency programs through any of the
 following:
    a.  The establishment of new or alternative campus accredited
 medical residency training programs.  For the purposes of
 this paragraph, "new or alternative campus accredited medical
 residency training program" means a program that is accredited
 by a recognized entity approved for such purpose by the
 accreditation council for graduate medical education or the
 American osteopathic association with the exception that
 a new medical residency training program that, by reason
 of an insufficient period of operation is not eligible for
 accreditation on or before the date of submission of an
 application for a grant, may be deemed accredited if the
 accreditation council for graduate medical education or the
 American osteopathic association finds, after consultation with
 the appropriate accreditation entity, that there is reasonable
 assurance that the program will meet the accreditation
 standards of the entity prior to the date of graduation of the
 initial class in the program.
    b.  The provision of new residency positions within existing
 accredited medical residency or fellowship training programs.
    c.  The funding of residency positions which are in excess of
 the federal residency cap.  For the purposes of this paragraph,
 "in excess of the federal residency cap" means a residency
 position for which no federal Medicare funding is available
 because the residency position is a position beyond the cap for
 residency positions established by the federal Balanced Budget
 Act of 1997, Pub. L. No. 105=33.
    2.  The department shall adopt rules pursuant to chapter 17A
 to provide for all of the following:
    a.  Eligibility requirements for and qualifications
 of a sponsor of an accredited graduate medical education
 residency program to receive a grant.  The requirements and
 qualifications shall include but are not limited to all of the
 following:
    (1)  Only a sponsor that establishes a dedicated fund to
 support a residency program that meets the specifications of
 this section shall be eligible to receive a matching grant.  A
 sponsor funding residency positions in excess of the federal
 residency cap, as defined in subsection 1, paragraph "c",
 exclusive of funds provided under the medical residency
 training state matching grants program established in this
 section, is deemed to have satisfied this requirement and
 shall be eligible for a matching grant equal to the amount of
 funds expended for such residency positions, subject to the
 limitation on the maximum award of grant funds specified in
 paragraph "e".
    (2)  A sponsor shall demonstrate, through documented
 financial information as prescribed by rule of the department,
  that funds have been reserved budgeted and will be expended by
 the sponsor in the amount required to provide matching funds
 for each residency proposed in the request for state matching
 funds.
    (3)  (2)  A sponsor shall demonstrate, through objective
 evidence as prescribed by rule of the department, a need for
 such residency program in the state.
    b.  The application process for the grant.
    c.  Criteria for preference in awarding of the grants,
 including preference in the residency specialty.
    d.  Determination of the amount of a grant.  The total amount
 of a grant awarded to a sponsor proposing the establishment
 of a new or alternative campus accredited medical residency
 training program as defined in subsection 1, paragraph "a",
  shall be limited to no more than twenty=five one hundred
 percent of the amount the sponsor has budgeted as demonstrated
 under paragraph "a".  The total amount of a grant awarded to
 a sponsor proposing the provision of a new residency position
 within an existing accredited medical residency or fellowship
 training program as specified in subsection 1, paragraph "b"
  or the funding of residency positions which are in excess of
 the federal residency cap as defined in subsection 1, paragraph
 "c", shall be limited to no more than twenty=five percent of
 the amount that the sponsor has demonstrated through documented
 financial information has been reserved and will be expended by
 the sponsor budgeted for each residency position sponsored for
 the purpose of the residency program.
    e.  The maximum award of grant funds to a particular
 individual sponsor per year.  An individual sponsor that
 establishes a new or alternative campus accredited medical
 residency training program as defined in subsection 1,
 paragraph "a" shall not receive more than twenty=five fifty
  percent of the state matching funds available each year to
 support the program.  However, if less than ninety=five percent
 of the available funds has been awarded in a given year, a
 sponsor may receive more than twenty=five percent of the
 state matching funds available if total funds awarded do not
 exceed ninety=five percent of the available funds.  If more
 than one sponsor meets the requirements of this section and
 has established, expanded, or supported a graduate medical
 residency training program, as specified in subsection 1, in
 excess of the sponsor's twenty=five percent maximum share of
 state matching funds, the state matching funds shall be divided
 proportionately among such sponsors.  An individual sponsor
 proposing the provision of a new residency position within an
 existing accredited medical residency or fellowship training
 program as specified in subsection 1, paragraph "b" or the
 funding of residency positions which are in excess of the
 federal residency cap as defined in subsection 1, paragraph "c",
 shall not receive more than twenty=five percent of the state
 matching funds available each year to support the program.
    f.  Use of the funds awarded.  Funds may be used to pay the
 costs of establishing, expanding, or supporting an accredited
 graduate medical education program as specified in this
 section, including but not limited to the costs associated with
 residency stipends and physician faculty stipends.


                                                             
                               PAM JOCHUM
                               President of the Senate


                                                             
                               KRAIG PAULSEN
                               Speaker of the House
    I hereby certify that this bill originated in the Senate and
 is known as Senate File 274, Eighty=sixth General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2015


                                                             
                               TERRY E. BRANSTAD
                               Governor

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