Bill Text: IA SF477 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to health care, including the licensure of internationally trained physicians and electronic protected health information, and including effective date provisions. (Formerly SF 439.) Effective date: 07/01/2024, 01/01/2025.
Spectrum: Committee Bill
Status: (Passed) 2024-05-03 - Signed by Governor. S.J. 962. [SF477 Detail]
Download: Iowa-2023-SF477-Enrolled.html
Senate
File
477
-
Enrolled
Senate
File
477
AN
ACT
RELATING
TO
HEALTH
CARE,
INCLUDING
THE
LICENSURE
OF
INTERNATIONALLY
TRAINED
PHYSICIANS
AND
ELECTRONIC
PROTECTED
HEALTH
INFORMATION,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
LICENSURE
OF
INTERNATIONALLY
TRAINED
PHYSICIANS
Section
1.
NEW
SECTION
.
148J.1
Definitions.
For
the
purposes
of
this
chapter:
1.
“Board”
means
the
board
of
medicine
established
pursuant
to
chapter
147.
2.
“Health
care
facility”
means
all
of
the
following:
a.
A
facility
as
defined
in
section
514J.102.
b.
A
facility
licensed
pursuant
to
chapter
135B.
c.
A
facility
licensed
pursuant
to
chapter
135C.
3.
“International
medical
program”
means
a
medical
school,
residency
program,
medical
internship
program,
or
entity
that
provides
physicians
with
a
medical
education
or
training
outside
of
the
United
States
that
is
substantially
similar
to
the
practice
of
medicine
and
surgery
or
osteopathic
medicine
and
surgery
in
Iowa
and
that
has
been
evaluated
by
the
educational
commission
on
foreign
medical
graduates.
4.
“International
physician”
means
an
individual
who
meets
all
of
the
following
requirements:
a.
Has
a
medical
doctorate
or
substantially
similar
degree
issued
by
an
international
medical
program
in
good
standing.
Senate
File
477,
p.
2
b.
Has
been
in
good
standing
with
the
medical
licensing
or
regulatory
institution
of
the
individual’s
resident
country
during
the
immediately
preceding
five
years
and
has
no
pending
discipline
before
the
licensing
or
regulatory
institution.
c.
Has
completed
a
residency
or
substantially
similar
postgraduate
medical
training
in
the
individual’s
resident
country.
d.
Has
practiced
medicine
and
surgery
or
osteopathic
medicine
and
surgery
as
a
licensed
physician
for
five
years
following
the
completion
of
a
residency
or
substantially
similar
postgraduate
medical
training.
e.
Possesses
basic
fluency
in
the
English
language.
Sec.
2.
NEW
SECTION
.
148J.2
International
physicians
——
provisional
licenses.
1.
a.
The
board
shall
grant
a
provisional
license
to
practice
medicine
and
surgery
or
osteopathic
medicine
and
surgery
in
this
state
to
an
international
physician
with
an
offer
for
employment
as
a
physician
at
a
health
care
facility
in
this
state.
However,
the
board
shall
not
grant
a
license
pursuant
to
this
subsection
to
an
international
physician
who
does
not
possess
a
federal
immigration
status
allowing
the
international
medical
graduate
to
practice
as
a
physician
in
the
United
States,
or
to
an
international
physician
who
fails
to
obtain
a
passing
score
on
the
United
States
medical
licensing
examination.
b.
A
provisional
license
granted
pursuant
to
paragraph
“a”
may
be
converted
to
a
full
license
to
practice
medicine
and
surgery
or
osteopathic
medicine
and
surgery
after
three
years,
unless
the
license
has
been
revoked
pursuant
to
subsection
2
or
surrendered
by
the
licensee.
2.
a.
The
board
may
revoke
a
provisional
license
granted
pursuant
to
subsection
1,
paragraph
“a”
,
if
the
board
finds
by
clear
and
compelling
evidence
that
the
licensee
has
violated
a
provision
of
section
148.6.
A
licensee
may
appeal
a
revocation
pursuant
to
this
subsection
in
a
court
of
competent
jurisdiction
within
one
hundred
twenty
days
of
the
date
of
revocation.
b.
The
board
may
revoke
a
provisional
license
granted
pursuant
to
subsection
1,
paragraph
“a”
,
if
the
international
Senate
File
477,
p.
3
physician
is
not
employed
by
a
health
care
facility
in
this
state
during
the
entirety
of
the
provisional
licensing
period.
3.
This
section
does
not
require
the
board
to
grant
a
provisional
license
or
full
license
pursuant
to
subsection
1
to
an
individual
that
does
not
do
all
of
the
following:
a.
Complete
training
substantially
similar
to
a
physician
and
surgeon
or
osteopathic
physician
and
surgeon.
b.
Receive
a
passing
score
on
the
United
States
medical
licensing
examination.
c.
Pass
a
background
check
as
required
by
the
board.
d.
Complete
a
licensure
application
as
required
by
the
board.
e.
Pay
all
required
fees
as
required
by
the
board.
Sec.
3.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
January
1,
2025.
DIVISION
II
ELECTRONIC
PROTECTED
HEALTH
INFORMATION
Sec.
4.
NEW
SECTION
.
135.194
Electronic
protected
health
information
of
minor
——
disclosure
to
legal
guardian
——
option
to
provide
printed
copy.
1.
A
health
care
provider
or
facility
that
maintains
or
transmits
electronic
protected
health
information
shall
disclose
to
the
legal
guardian
of
a
minor
the
minor’s
electronic
protected
health
information,
with
the
following
exceptions:
a.
Electronic
protected
health
information
that
relates
to
health
care
for
which
the
minor
is
legally
authorized
to
consent
without
the
consent
of
a
legal
guardian.
b.
If
disclosure
of
the
electronic
protected
health
information
to
a
legal
guardian
is
otherwise
prohibited
by
state
law
or
federal
law,
including
federal
statute,
regulation,
or
centers
for
disease
control
and
prevention
guidelines.
2.
In
lieu
of
disclosing
the
minor’s
electronic
protected
health
information
to
the
legal
guardian
of
a
minor
as
required
pursuant
to
subsection
1,
a
health
care
provider
or
facility
may
comply
with
this
section
by
providing
a
printed
copy
of
the
minor’s
electronic
protected
health
information,
subject
to
the
exceptions
prescribed
pursuant
to
subsection
1,
and
at
no
Senate
File
477,
p.
4
charge
to
the
legal
guardian
of
the
minor.
3.
For
the
purposes
of
this
section:
a.
“Disclosure”
means
the
release,
transfer,
provision
of
access
to,
or
divulging
in
any
manner
of
electronic
protected
health
information
outside
the
entity
holding
the
electronic
protected
health
information.
b.
“Electronic
media”
means
electronic
storage
material
on
which
data
is
or
may
be
recorded
electronically
and
transmission
media
used
to
exchange
information
already
in
electronic
storage
media.
c.
“Electronic
protected
health
information”
means
protected
health
information
that
is
transmitted
or
maintained
by
or
in
electronic
media.
d.
“Facility”
means
a
health
care
delivery
system
location
that
provides
a
range
of
primary,
secondary,
and
tertiary
inpatient,
outpatient,
and
physician
services;
an
institution
providing
health
care
services;
and
any
other
health
care
setting
including
but
not
limited
to
a
hospital
or
other
licensed
inpatient
center,
ambulatory
surgical
center
or
treatment
center,
skilled
nursing
center,
residential
treatment
center,
diagnostic,
laboratory
or
imaging
centers,
rehabilitation
or
other
therapeutic
health
setting,
or
the
private
office
or
clinic
of
an
individual
health
care
provider
or
group
of
health
care
providers.
e.
“Health
care”
means
care,
services,
or
supplies
related
to
the
health
of
a
person
and
includes
but
is
not
limited
to:
(1)
Preventive,
diagnostic,
therapeutic,
rehabilitative,
maintenance,
or
palliative
care,
and
any
counseling,
service,
assessment,
or
procedure
with
respect
to
the
physical
or
mental
condition,
or
functional
status
of
a
person,
or
that
affects
the
structure
or
function
of
the
body.
(2)
The
sale
or
dispensing
of
a
drug,
device,
equipment,
or
other
item
in
accordance
with
a
prescription.
f.
“Health
care
provider”
means
a
physician
or
osteopathic
physician
licensed
under
chapter
148,
a
physician
assistant
licensed
under
chapter
148C,
a
podiatrist
licensed
under
chapter
149,
a
chiropractor
licensed
under
chapter
151,
a
licensed
practical
nurse,
a
registered
nurse,
or
an
advanced
registered
nurse
practitioner
licensed
under
chapter
152
or
Senate
File
477,
p.
5
152E,
a
dentist
licensed
under
chapter
153,
an
optometrist
licensed
under
chapter
154,
a
pharmacist
licensed
under
chapter
155A,
or
any
other
person
who
is
licensed,
certified,
or
otherwise
authorized
or
permitted
by
the
law
of
this
state
to
administer
health
care
in
the
ordinary
course
of
business
or
in
the
practice
of
a
profession.
g.
“Health
information”
means
health
information
as
defined
in
45
C.F.R.
§160.103
that
is
maintained
or
transmitted
by
a
health
care
provider
or
facility.
h.
“Legal
guardian”
means
a
person
appointed
by
a
court
as
the
guardian
of
a
minor
pursuant
to
chapter
633,
or
the
parent
or
other
person
responsible
for
the
care
of
the
minor.
i.
“Protected
health
information”
means
protected
health
information
as
defined
in
45
C.F.R.
§160.103
that
is
maintained
or
transmitted
by
a
health
care
provider
or
facility.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
477,
Ninetieth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor
