Senate
File
300
-
Introduced
SENATE
FILE
300
BY
WESTRICH
A
BILL
FOR
An
Act
relating
to
professional
disciplinary
actions
against
1
persons
in
health-related
professions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2213XS
(2)
90
ss/rh
S.F.
300
Section
1.
NEW
SECTION
.
147.57
Grounds
for
discipline
——
1
limitation.
2
1.
Notwithstanding
any
other
provision
of
law
to
the
3
contrary,
a
person
licensed
by
a
board
under
this
subtitle
4
shall
not
be
subject
to
discipline
under
this
chapter
or
5
the
board’s
enabling
statute
based
solely
on
the
licensee’s
6
failure
to
follow
or
implement
guidelines,
recommendations,
or
7
regulations
of
the
United
States
food
and
drug
administration,
8
centers
for
disease
control
and
prevention
of
the
United
States
9
department
of
health
and
human
services,
or
national
institutes
10
of
health,
unless
such
failure
also
constitutes
a
violation
of
11
a
law
of
this
state.
12
2.
A
person
licensed
by
a
board
under
this
subtitle
who
has
13
been
subject
to
a
fine
solely
due
to
the
person’s
failure
to
14
follow
or
implement
guidelines,
recommendations,
or
regulations
15
of
the
United
States
food
and
drug
administration
after
the
16
effective
date
of
this
Act
may
petition
the
board
for
repayment
17
of
the
fine.
18
3.
Each
board
under
this
subtitle
shall
adopt
rules
for
the
19
implementation
of
this
section.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
prohibits
a
professional
licensing
board
24
under
Code
chapter
147
(general
provisions,
health-related
25
professions)
from
imposing
discipline
on
a
licensee
for
26
failure
to
follow
or
implement
guidelines,
recommendations,
or
27
regulations
of
the
United
States
food
and
drug
administration,
28
centers
for
disease
control
and
prevention,
or
national
29
institutes
of
health,
unless
such
failure
also
constitutes
30
a
violation
of
a
law
of
this
state.
The
bill
allows
a
31
person
subject
to
a
fine
by
the
United
States
food
and
drug
32
administration
for
conduct
that
is
not
a
violation
of
state
law
33
after
the
effective
date
of
the
bill
to
petition
the
board
for
34
repayment
of
that
fine.
The
bill
requires
each
relevant
board
35
-1-
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2213XS
(2)
90
ss/rh
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2
S.F.
300
to
adopt
rules
to
implement
the
bill.
1
-2-
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2213XS
(2)
90
ss/rh
2/
2