Bill Text: IA SSB1044 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to health care employment agencies, health care employment agency workers, and health care entities, and including retroactive applicability provisions.(See SF 327.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-02-20 - Committee report approving bill, renumbered as SF 327. [SSB1044 Detail]
Download: Iowa-2023-SSB1044-Introduced.html
Senate
Study
Bill
1044
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
INSPECTIONS
AND
APPEALS
BILL)
A
BILL
FOR
An
Act
relating
to
health
care
employment
agencies,
health
care
1
employment
agency
workers,
and
health
care
entities,
and
2
including
retroactive
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
135Q.1,
subsection
2,
Code
2023,
is
1
amended
to
read
as
follows:
2
2.
“Direct
services”
means
services
provided
to
consumers
3
through
person-to-person
contact.
4
a.
“Direct
services”
includes
services
performed
by
a
5
registered
nurse,
a
licensed
practical
nurse,
a
certified
nurse
6
aide,
a
certified
medication
aide,
or
a
medication
manager.
7
b.
“Direct
services”
excludes
services
all
of
the
following:
8
(1)
Services
performed
by
persons
in
a
health
care
entity
9
setting
that
do
not
involve
the
provision
of
any
service
or
10
treatment
to
a
consumer
of
a
health
care
entity.
“Direct
11
services”
does
not
include
the
12
(2)
Janitorial,
housekeeping,
laundry,
and
meal
preparation
13
services.
14
(3)
The
practice
of
medicine
and
surgery
or
osteopathic
15
medicine
and
surgery
by
an
individual
licensed
under
chapter
16
148
or
the
.
17
(4)
The
practice
of
nursing
by
an
advanced
registered
nurse
18
practitioner
or
an
advanced
practice
registered
nurse
licensed
19
under
chapter
152
or
152E
.
20
(5)
The
practice
of
medicine
by
an
individual
licensed
under
21
chapter
148C
to
practice
as
a
physician
assistant
under
the
22
supervision
of
one
or
more
physicians.
23
(6)
The
practice
of
physical
therapy
by
an
individual
24
licensed
under
chapter
148A.
25
(7)
The
practice
of
occupational
therapy
by
an
individual
26
licensed
under
chapter
148B.
27
(8)
The
practice
of
speech
pathology
or
audiology
by
an
28
individual
licensed
under
chapter
154F.
29
Sec.
2.
Section
135Q.2,
subsection
3,
Code
2023,
is
amended
30
to
read
as
follows:
31
3.
a.
A
health
care
employment
agency
shall
not
do
any
of
32
the
following:
33
(1)
Restrict
in
any
manner
the
employment
opportunities
34
of
an
agency
worker
by
including
a
non-compete
clause
in
any
35
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contract
with
an
agency
worker
or
health
care
entity.
1
(2)
In
any
contract
with
an
agency
worker
or
health
care
2
entity,
require
payment
of
liquidated
damages,
employment
fees,
3
or
other
compensation
if
the
agency
worker
is
subsequently
4
hired
as
a
permanent
employee
of
the
health
care
entity.
5
b.
This
subsection
shall
not
apply
to
a
contract
between
6
a
health
care
employment
agency
and
an
agency
worker
or
a
7
health
care
entity
if
the
contract
meets
all
of
the
following
8
criteria:
9
(1)
The
contract
is
entered
into
for
the
purpose
of
placing
10
an
agency
worker
the
health
care
employment
agency
assisted
in
11
obtaining
authorization
to
work
in
the
United
States.
12
(2)
The
contract
contains
an
initial
duration
term
of
13
not
less
than
twenty-four
months
and
a
total
duration
term,
14
including
any
renewals
or
extensions,
of
not
more
than
15
thirty-six
months.
16
(3)
The
contract
requires
the
agency
worker
to
work
for
17
a
single
health
care
entity
for
the
entire
duration
of
the
18
contract.
19
c.
Any
contract
that
violates
this
subsection
shall
be
20
unenforceable
in
court.
21
Sec.
3.
RETROACTIVE
APPLICABILITY.
This
Act
applies
22
retroactively
to
any
contract
between
a
health
care
employment
23
agency
and
an
agency
worker
or
health
care
entity
referred
to
24
under
section
135Q.2
that
was
entered
into
or
executed
on
or
25
after
January
1,
2019.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
health
care
employment
agencies,
health
30
care
employment
agency
workers,
and
health
care
entities
31
under
Code
chapter
135Q
(health
care
employment
agencies
and
32
workers).
33
The
bill
specifically
includes
as
“direct
services”
those
34
services
performed
by
a
registered
nurse,
a
licensed
practical
35
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nurse,
a
certified
nurse
aide,
a
certified
medication
aide,
1
and
a
medication
manager.
The
bill
specifically
excludes
2
as
“direct
services”,
in
addition
to
current
exclusions,
3
janitorial,
housekeeping,
laundry,
and
meal
preparation
4
services;
the
practice
of
medicine
by
an
individual
licensed
5
under
Code
chapter
148C
to
practice
as
a
physician
assistant
6
under
the
supervision
of
one
or
more
physicians
(physician
7
assistants);
the
practice
of
physical
therapy
by
an
individual
8
licensed
under
Code
chapter
148A
(physical
therapy);
the
9
practice
of
occupational
therapy
by
an
individual
licensed
10
under
Code
chapter
148B
(occupational
therapy);
and
the
11
practice
of
speech
pathology
or
audiology
by
an
individual
12
licensed
under
Code
chapter
154F
(speech
pathology
and
13
audiology).
14
The
bill
also
excludes
from
application
of
the
provisions
of
15
Code
section
135Q.2,
relating
to
a
contract
between
a
health
16
care
employment
agency
and
an
agency
worker
or
health
care
17
entity,
a
contract
between
a
health
care
employment
agency
18
and
an
agency
worker
or
health
care
entity
if
the
contract
19
is
entered
into
for
the
purpose
of
placing
an
agency
worker
20
the
health
care
employment
agency
assisted
in
obtaining
21
authorization
to
work
in
the
United
States;
contains
an
initial
22
duration
term
of
not
less
than
24
months
and
a
total
duration
23
term,
including
any
renewals
or
extensions,
of
not
more
than
24
36
months;
and
requires
the
agency
worker
to
work
for
a
single
25
health
care
entity
for
the
entire
duration
of
the
contract.
26
The
bill
applies
retroactively
to
any
contract
between
a
27
health
care
employment
agency
and
an
agency
worker
or
health
28
care
entity
referred
to
under
Code
section
135Q.2
that
was
29
entered
into
or
executed
on
or
after
January
1,
2019.
30
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