General Assembly: 77 (1998 Regular GA) - Chapter 1053 - Regulation of massage therapists and athletic trainers


Published: 1998-04-06

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CH.I053 LAWS OF THE SEVENTY-SEVENTH GA, 1998 SESSION

CHAPTER 1053 REGULATION OF MASSAGE THERAPISTS AND ATHLETIC TRAINERS

S.F.2269

74

AN ACT providing for the conversion of the existing advisory boards for athletic training and massage therapy into full regulatory examining boards.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 135.11, subsections 11 and 13, Code Supplement 1997, are amended to read as follows:

11. Enforce the law relative to chapter 146 and "Health-related Professions," Title IV, subtitle 3, excluding ehapters la2D and chapter 155.

13. Establish, publish, and enforce rules not inconsistent with law for the enforcement of the provisions of chapters 125~ and 155. and Title IV, subtitle 2, excluding chapters 142B, 145B, and 146 and for the enforcement of the various laws, the administration and supervision of which are imposed upon the department.

Sec. 2. Section 147.1, unnumbered paragraph 1, Code 1997, is amended to read as follows:

For the purpose of this and the following chapters of this subtitle, e}(cluding ehapters la2C and Hi2D:

Sec. 3. Section 147.1, subsections 3 and 6, Code 1997, are amended to read as follows: 3. "Licensed" or "certified" when applied to a physician and surgeon, podiatric physician,

osteopath, osteopathic physician and surgeon, physician assistant, psychologist or associ- ate psychologist, chiropractor, nurse, dentist, dental hygienist, optometrist, speech patholo- gist, audiologist, pharmacist, physical therapist, occupational therapist, respiratory care practitioner, practitioner of cosmetology arts and sciences, practitioner of barbering, fu- neral director, dietitian, marital and family therapist, mental health counselor, SF social worker. massage therapist. or athletic trainer means a person licensed under this subtitle, exeluding ehapters la2C and la2D.

6. "Profession" means medicine and surgery, podiatry, osteopathy, osteopathic medicine and surgery, practice as a physician assistant, psychology, chiropractic, nursing, dentistry, dental hygiene, optometry, speech pathology, audiology, pharmacy, physical therapy, occu- pational therapy, respiratory care, cosmetology arts and sciences, barbering, mortuary sci- ence, marital and family therapy, mental health counseling, social work, SF dietetics. mas- sage therapy. or athletic training.

Sec. 4. Section 147.3, Code 1997, is amended to read as follows: 147.3 QUALIFICATIONS. An applicant for a license to practice a profession under this subtitle, e}(eluding ehapters

Hi2C and l1i2D, is not ineligible because of age, citizenship, sex, race, religion, marital status or national origin, although the application form may require citizenship informa- tion. A board may consider the past felony record of an applicant only if the felony convic- tion relates directly to the practice of the profession for which the applicant requests to be licensed. Character references may be required, but shall not be obtained from licensed members of the profession.

Sec. 5. Section 147.6, Code 1997, is amended to read as follows: 147.6 CERTIFICATE PRESUMPTIVE EVIDENCE. Every license issued under this subtitle, e}(eluding ehapters lli2C and l1i2D, shall be

presumptive evidence of the right of the holder to practice in this state the profession therein specified.

75 LAWS OF THE SEVENTY-SEVENTH G.A., 1998 SESSION

Sec. 6. Section 147.7, Code 1997, is amended to read as follows: 147.7 DISPLAY OF LICENSE.

CH. 1053

Every person licensed under this subtitle, elwhuliBg chapters 152C aBd 152D, to practice a profession shall keep the license publicly displayed in the primary place in which the person practices.

Sec. 7. Section 147.9, Code 1997, is amended to read as follows: 147.9 CHANGE OF RESIDENCE. When any person licensed to practice a profession under this subtitle, excludiBg chapters

152C aBd 152D, changes a residence or place of practice the person shall notify the depart- ment.

Sec. 8. Section 147.12, unnumbered paragraph 1, Code 1997, is amended to read as follows:

For the purpose of giving examinations to applicants for licenses to practice the profes- sions for which licenses are required by this subtitle, exeludiHg chapters 152C aHd 152D, the governor shall appoint, subject to confirmation by the senate, a board of examiners for each of the professions. The board members shall not be required to be members of professional societies or associations composed of members of their professions.

Sec. 9. Section 147.13, Code 1997, is amended by adding the following new subsections: NEW SUBSECTION. 19. For massage therapists, massage therapy examiners. NEW SUBSECTION. 20. For athletic trainers, athletic training examiners.

Sec. 10. Section 147.14, Code 1997, is amended by adding the following new subsec- tions:

NEW SUBSECTION. 17. For massage therapists, four members licensed to practice mas- sage therapy and three members who are not licensed to practice massage therapy and who shall represent the general public. A majority of the members of the board constitutes a quorum.

NEW SUBSECTION. 18. For athletic trainers, three members licensed to practice ath- letic training, three members licensed to practice medicine and surgery, and one member not licensed to practice athletic training or medicine and surgery and who shall represent the general public. A maj ority of the members of the board constitutes a quorum.

Sec. 11. Section 147.30, Code 1997, is amended to read as follows: 147.30 TIME AND PLACE OF EXAMINATIONS. The department shall give public notice of the time and place of all examinations to be

held under this subtitle, exeludiBg chapters 152C aHd 152D. Such notice shall be given in such manner as the department may deem expedient and in ample time to allow all candi- dates to comply with the provisions of this subtitle, e)(cludiBg chapters 152C aHd 152D.

Sec. 12. Section 147.34, Code 1997, is amended to read as follows: 147.34 EXAMINATIONS. Examinations for each profession licensed under this subtitle, e)(cludiHg ehapters 152C

aHd 152D, shall be conducted at least one time per year at such time as the department may fix in cooperation with each examining board. Examinations may be given at the state university of Iowa at the close of each school year for professions regulated by this subtitle, exeludiBg chapters 152C aBd 152D, and examinations may be given at other schools lo- cated in the state at which any of the professions regulated by this subtitle, el(clueiiHg chap ters 152C aBd 152D, are taught. At least one session of each examining board shall be held annually at the seat of government and the locations of other sessions shall be determined by the examining board, unless otherwise ordered by the department. Applicants who fail to pass the examination once shall be allowed to take the examination at the next scheduled time. Thereafter, applicants shall be allowed to take the examination at the discretion of the

CH.1053 lAWS OF THE SEVENTY-SEVENTH GA, 1998 SESSION 76

board. Examinations may be given by an examining board which are prepared and scored by persons outside the state, and examining boards may contract for such services. An examining board may make an agreement with examining boards in other states for admin- istering a uniform examination. An applicant who has failed an examination may request in writing information from the examining board concerning the examination grade and subject areas or questions which the applicant failed to answer correctly, except that if the examining board administers a uniform, standardized examination, the examining board shall only be required to provide the examination grade and such other information con- cerning the applicant's examination results which are available to the examining board.

Sec. 13. Section 147.41, subsection 2, Code 1997, is amended to read as follows: 2. The subjects to be covered by such examination and the subjects to be covered by the

final examination to be taken by such applicant after the completion of the professional course and prior to the issuance of the license, but the subjects covered in the partial and final examinations shall be the same as those specified in this subtitle, eJ£ellidiDg ehaflters Hi2C aDd Hi2D, for the regular examination.

Sec. 14. Section 147.44, Code 1997, is amended to read as follows: 147.44 AGREEMENTS. For the purpose of recognizing licenses which have been issued in other states to practice

any profession for which a license is required by this SUbtitle, exellidiDg ehaflters 1 a2C aDd ~ the department shall enter into a reciprocal agreement with every state which is certified to it by the proper examining board under the provisions of section 147.45 and with which this state does not have an existing agreement at the time of such certification.

Sec. 15. Section 147.46, subsection 1, Code 1997, is amended to read as follows: 1. PROTECTION TO LICENSEES OF THIS STATE. When the laws of any state or the

rules of the authorities of said state place any requirement or disability upon any person licensed in this state to practice any profession regulated by this subtitle, eJEellidiDg ehaflters la2C aDd la2D, which affects the right of said person to be licensed or to practice the person's profession in said state, then the same requirement or disability shall be placed upon any person licensed in said state when applying for a license to practice in this state.

Sec. 16. Section 147.52, Code 1997, is amended to read as follows: 147.52 RECIPROCITY. When the laws of any state or the rules of the authorities of said state place any require-

ment or disability upon any person holding a diploma or certificate from any college in this state in which one of the professions regulated by this subtitle, exellidiDg ehaflters 1 a2C aDd ~ is taught, which affects the right of said person to be licensed in said state, the same requirement or disability shall be placed upon any person holding a diploma from a similar college situated therein, when applying for a license to practice in this state.

Sec. 17. Section 147.72, Code 1997, is amended to read as follows: 147.72 PROFESSIONAL TITLES AND ABBREVIATIONS. Any person licensed to practice a profession under this subtitle, eJ£ellidiDg ehaflters la2C

aDd la2D, may append to the person's name any recognized title or abbreviation, which the person is entitled to use, to designate the person's particular profession, but no other person shall assume or use such title or abbreviation, and no licensee shall advertise in such a manner as to lead the public to believe that the licensee is engaged in the practice of any other profession than the one which the licensee is licensed to practice.

Sec. 18. Section 147.73, subsection 1, Code 1997, is amended to read as follows: 1. As authorizing any person licensed to practice a profession under this subtitle, exellid

iDg ehaflters la2C aDd la2D, to use or assume any degree or abbreviation ofthe same unless such degree has been conferred upon said person by an institution of learning accredited by

77 LAWS OF THE SEVENTY-SEVENTH G.A., 1998 SESSION CH.I053

the appropriate board herein created, together with the director of public health, or by some recognized state or national accredited agency.

Sec. 19. Section 147.74, Code 1997, is amended by adding the following new subsection: NEW SUBSECTION. 19A. An athletic trainer licensed under chapter 152D and this chap-

ter may use the title "licensed athletic trainer" after the person's name.

Sec. 20. Section 147.80, Code 1997, is amended by adding the following new subsec- tions:

NEW SUBSECTION. 25A. License to practice massage therapy, license to practice mas- sage therapy under a reciprocal license, or renewal of a license to practice massage therapy.

NEW SUBSECTION. 25B. License to practice athletic training, license to practice ath- letic training under a reciprocal license, or renewal of a license to practice athletic training.

Sec.21. Section 147.83, Code 1997, is amended to read as follows: 147.83 INJUNCTION. Any person engaging in any business or in the practice of any profession for which a

license is required by this subtitle, eJwluding chapteFs 1 a2C and 1 a2D, without such license may be restrained by permanent injunction.

Sec. 22. Section 147.86, Code 1997, is amended to read as follows: 147.86 PENALTIES. Any person violating any provision of this or the following chapters of this subtitle,

excluding chapteFs la2C andla2D, except insofar as the provisions apply or relate to or affect the practice of pharmacy, or where a specific penalty is otherwise provided, shall be guilty of a serious misdemeanor.

Sec. 23. Section 147.87, Code 1997, is amended to read as follows: 147.87 ENFORCEMENT. The department shall enforce the provisions of this and the following chapters of this

subtitle, excluding ehapteFs la2C andla2D, and for that purpose may request the depart- ment of inspections and appeals to make necessary investigations. Every licensee and member of an examining board shall furnish the department or the department of inspec- tions and appeals such evidence as the member or licensee may have relative to any alleged violation which is being investigated.

Sec. 24. Section 147.88, Code 1997, is amended to read as follows: 147.88 INSPECTIONS. The department of inspections and appeals may perform inspections as required by this

subtitle, eJCcluding chapteFs la2C and la2D, except for the board of medical examiners, board of pharmacy examiners, board of nursing, and the board of dental examiners. The department of inspections and appeals shall employ personnel related to the inspection functions.

Sec. 25. Section 147.90, Code 1997, is amended to read as follows: 147.90 RULES AND FORMS. The Iowa department of public health and the department of inspections and appeals

shall each establish the necessary rules and forms for carrying out the duties imposed upon it by this subtitle, excluding chapteFs la2C andla2D.

Sec. 26. Section 147.92, Code 1997, is amended to read as follows: 147.92 ATTORNEY GENERAL. Upon request of the department the attorney general shall institute in the name of the

state the proper proceedings against any person charged by the department with violating any provision of this or the following chapters of this subtitle, excluding chapteFs 1 a2C and MW.

CH.I053 LAWS OF THE SEVENTY-SEVENTH GA, 1998 SESSION

Sec. 27. Section 147.93, Code 1997, is amended to read as follows: 147.93 PRIMA FACIE EVIDENCE.

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The opening of an office or place of business for the practice of any profession for which a license is required by this subtitle, excluaiHg ehapters 1 §2C aHal §2D, the announcing to the public in any way the intention to practice any such profession, the use of any profes- sional degree or designation, or of any sign, card, circular, device, or advertisement, as a practitioner of any such profession, or as a person skilled in the same, shall be prima facie evidence of engaging in the practice of such profession.

Sec. 28. Section 147.111, Code 1997, is amended to read as follows: 147.111 REPORT OF TREATMENT OF WOUNDS AND OTHER INJURIES. Any person licensed under the provisions of this subtitle, eJreluaiHg ehaflters 1§2C aHa ~ who shall administer any treatment to any person suffering a gunshot or stab wound or other serious bodily injury, as defined in section 702.18, which appears to have been received in connection with the commission of a criminal offense, or to whom an applica- tion is made for treatment of any nature because of any such gunshot or stab wound or other serious injury, as defined in section 702.18, shall at once but not later than twelve hours thereafter, report that fact to the law enforcement agency within whose jurisdiction the treatment was administered or an application therefor was made, or if ascertainable, to the law enforcement agency in whose jurisdiction the gunshot or stab wound or other serious bodily injury occurred, stating the name of such person, the person's residence if ascertainable, and giving a brief description of the gunshot or stab wound or other serious bodily injury. Any provision of law or rule of evidence relative to confidential communica- tions is suspended insofar as the provisions of this section are concerned.

Sec. 29. Section 152C.l, subsection 1, Code 1997, is amended to read as follows: 1. "Board" means the massage theFaflY aa't'=isoFY boara establishea iH seetioH l§2C.2

board of examiners for massage therapy created under chapter 147.

Sec. 30. Section 152C.l, subsection 2, Code 1997, is amended by striking the subsection.

Sec. 31. Section 152C.3, subsection 1, Code 1997, is amended to read as follows: 1. The aeflartmeHt board shall adopt rules pursuant to chapter 17 A establishing a proce-

dure for licensing of massage therapists. License requirements shall include the following: a. Completion of a curriculum of massage education at a school approved by the aepart

meat board which requires for admission a diploma from an accredited high school or the equivalent and requires completion of at least five hundred hours of supervised academic instruction. However, educational requirements under this paragraph are subjectto reduc- tion by the aeflartmeHt board if, after public notice and hearing, the aeflartmeHt board deter- mines that the welfare of the public may be adequately protected with fewer hours of educa- tion.

b. Passage of an examination given or approved by the aeflartmeHt board. c. Payment of a reasonable fee required by the aeflartmeHt board which shall compensate

and be retained by the aepartmeHt board for the costs of administering this chapter.

Sec. 32. Section 152C.3, subsection 2, paragraph a, Code 1997, is amended to read as follows:

a. Requirements regarding completion of at least twelve hours of continuing education annually regarding subjects concerning massage and related techniques or the health and safety of the public, subject to reduction by the aeflartmeHt board if, after public notice and hearing, the aeflartmeHt board determines that the welfare of the public may be adequately protected with fewer hours.

Sec. 33. Section 152C.3, subsection 3, Code 1997, is amended by striking the subsection.

79 LAWS OF THE SEVENTY-SEVENTH G.A., 1998 SESSION CH.I053

Sec. 34. Section 152CA, Code 1997, is amended to read as follows: 152CA EMPLOYMENT OF PERSON NOT LICENSED - CIVIL PENALTY. A person as defined in section 4.1, who employs to provide services to other persons a

person who is not licensed pursuant to this chapter, shall not use the initials "L.M.T." or the words "licensed massage therapist", "massage therapist", "masseur", or "masseuse", or any other words or titles which imply or represent that the person employed practices massage therapy. A person who violates this section is subject to imposition, at the discretion of the board, of a civil penalty not to exceed one thousand dollars. Each violation of this section is a separate offense. Each day a violation of this section occurs after citation by the board is a separate offense. The departmeHt board may inspect any facility which advertises or offers services purporting to be delivered by massage therapists.

Sec. 35. Section 152C.7, Code 1997, is amended to read as follows: 152C.7 SUSPENSION AND REVOCATION OF LICENSES. The departmeat board may suspend, revoke, or impose probationary conditions upon a

license issued pursuant to rules adopted in accordance with section 152C.3.

Sec. 36. Section 152D.l, subsection 1, Code 1997, is amended to read as follows: 1. "Board" means the athletic traiaer adlAsory board established pursuaat to this chapter

board of examiners for athletic training created under chapter 147.

Sec. 37. Section 152D.l, subsection 2, Code 1997, is amended by striking the subsection.

Sec. 38. Section 152D.3, subsection 1, paragraphs a and b, Code 1997, are amended to read as follows:

a. Graduation from an accredited college or university and compliance with the mini- mum athletic training curriculum requirements established by the departmeat ia coasulta tioa with the board.

b. Successful completion of an examination prepared or selected by the departmeat ia coasultatioa with the board.

Sec. 39. Section 152D.5, unnumbered paragraph 1, Code 1997, is amended to read as follows:

The departmeat ia coasultatioa with the board shall:

Sec. 40. Section 152D.6, Code 1997, is amended to read as follows: 152D.6 LICENSE SUSPENSION AND REVOCATION. A license issued by the departmcat board under the provisions of this chapter may be

suspended or revoked, or renewal denied by the departmeat board, for violation of any provision of this chapter or section 147.55, section 272C.IO, or rules adopted by the depart meat board.

Sec.41. Section 272C.l, subsection 6, paragraph ab, Code 1997, is amended to read as follows:

abo The Iowa departmeat of public health board of examiners for athletic training in licensing athletic trainers pursuant to chapter 152D.

Sec. 42. Section 272C.l, subsection 6, Code 1997, is amended by adding the following new paragraph:

NEW PARAGRAPH. ac. The board of examiners for massage therapy in licensing mas- sage therapists pursuant to chapter 152C.

Sec. 43. Sections 152C.2 and 152D.7, Code 1997, are repealed.

Approved April 6, 1998