Senate File 210 - Introduced SENATE FILE 210 BY PETERSEN A BILL FOR An Act relating to the licensing, regulation, and discipline of 1 licensed health professionals. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2056XS (2) 91 ss/ko
S.F. 210 Section 1. NEW SECTION . 147.11A Issuance of licenses 1 investigation suspension. 2 1. a. Prior to issuing a license to an applicant, a board 3 shall conduct a search of the national practitioner data bank 4 to review the available record and determine whether the 5 information in the data bank constitutes grounds to decline to 6 issue a license to an applicant or to conduct an additional 7 investigation of the applicant prior to issuing a license. 8 b. Beginning on July 1, 2026, prior to issuing a license 9 to an applicant, a board shall conduct a search of the 10 integrated database created pursuant to subsection 3 to review 11 the available record and determine whether the information 12 in the integrated database constitutes grounds to decline to 13 issue a license to an applicant or to conduct an additional 14 investigation of the applicant prior to issuing a license. 15 2. Prior to issuing a license to an applicant, the board 16 shall conduct a search of the child abuse registry and sex 17 offender registry. Notwithstanding any other provision of 18 law to the contrary, if either search results in a positive 19 identification of the applicant, the board shall not issue a 20 license to the applicant. 21 3. No later than July 1, 2026, the department of 22 inspections, appeals, and licensing shall create and make 23 available to the public at no cost an integrated online 24 database of all licensees, including all records available 25 through the national practitioner data bank and all state 26 disciplinary actions and records. The integrated database 27 shall include a clearly identifiable function that identifies 28 whether each licensee has had a complaint filed against the 29 licensee for sexual misconduct or sexual assault, as those 30 terms are defined in section 147.58, substance use, medical 31 malpractice, or substandard practice. 32 4. If a board identifies a founded case of sexual 33 misconduct, as defined in section 147.58, by an applicant for a 34 license, the board shall not issue a license to the applicant 35 -1- LSB 2056XS (2) 91 ss/ko 1/ 9
S.F. 210 unless ten years have elapsed since the conduct giving rise 1 to the case, and the applicant has completed a problematic 2 sexualized behavior treatment program. 3 5. If a board identifies a founded case of sexual 4 misconduct, as defined in section 147.58, by a licensee, the 5 board shall immediately suspend the license of the licensee 6 until ten years have elapsed since the conduct giving rise 7 to the case, and the licensee has completed a problematic 8 sexualized behavior treatment program. 9 Sec. 2. NEW SECTION . 147.11B Duty to report continuing 10 education. 11 A licensee shall report any other licensee to the relevant 12 board that the licensee knows to have violated a law or rule 13 regarding sexual misconduct, sexual assault, or substance use 14 within five days of obtaining such knowledge. Each board 15 shall require each licensee to complete at least one hour 16 of continuing education per licensure renewal cycle on the 17 licensees duty to report. A failure to report as required by 18 this section shall constitute grounds for discipline. 19 Sec. 3. NEW SECTION . 147.57 Employee discipline 20 insurance reporting. 21 1. Each person who employs a licensee shall submit to 22 the board who licenses the person information regarding all 23 disciplinary actions taken against the licensee. 24 2. Upon the receipt of a complaint against a licensee, a 25 board shall provide a copy of the complaint to the licensees 26 employer, all insurance carriers who have billed for the 27 licensees services in the past year, and the licensees 28 medical malpractice insurance company, if applicable, if 29 the board receives the express written permission of the 30 complainant. 31 Sec. 4. NEW SECTION . 147.58 Licensee discipline 32 problematic sexual behavior. 33 1. For the purposes of this section: 34 a. Sexual assault means any type of sexual activity or 35 -2- LSB 2056XS (2) 91 ss/ko 2/ 9
S.F. 210 contact without consent, including through use of physical 1 force, threats of force, coercion, and manipulation. 2 b. Sexual misconduct means a behavior that exploits the 3 health professional-patient relationship in a sexual way. 4 Sexual behavior may be verbal or physical, can occur in person 5 or virtually, and may include expressions of thoughts and 6 feelings or gestures that are of a sexual nature or that a 7 patient or surrogate may reasonably construe as sexual. Sexual 8 misconduct includes gestures or language that are seductive, 9 sexually suggestive, or sexually demeaning to a patient. 10 2. Upon receipt of a complaint of sexual misconduct against 11 a licensee, a board shall issue a probationary order against 12 the licensee requiring supervised practice until the board has 13 completed its investigation of the complaint. 14 3. Upon receipt of a complaint of sexual assault against a 15 licensee, a board shall immediately suspend the license of the 16 licensee until the board has completed its investigation of the 17 complaint. 18 4. Each board shall prioritize investigations of sexual 19 misconduct and sexual assault such that, on average, 20 investigation takes no longer than thirty days after the date 21 of receipt of the complaint. 22 5. a. A board shall immediately suspend the license of 23 a licensee charged with a sexual abuse offense under chapter 24 709, or a human trafficking offense under chapter 710A, or a 25 substantially similar statute in another state, regardless of 26 whether the activity occurred within the scope of practice of 27 the licensed profession. 28 b. A board shall permanently revoke the license of a 29 licensee convicted of a sexual abuse offense under chapter 30 709, or a human trafficking offense under chapter 710A, or a 31 substantially similar statute in another state, regardless of 32 whether the activity occurred within the scope of practice of 33 the licensed profession. A board shall not reinstate a license 34 revoked pursuant to this paragraph unless the conviction is 35 -3- LSB 2056XS (2) 91 ss/ko 3/ 9
S.F. 210 reversed or overturned. 1 6. a. A law enforcement officer shall provide all 2 information gathered pursuant to an investigation of a sexual 3 abuse offense under chapter 709, or a human trafficking offense 4 under chapter 710A, allegedly committed by a licensee to each 5 board who licenses the licensee if the law enforcement officer 6 terminates the investigation without requesting that charges 7 be filed, charges against the licensee are dropped, or the 8 conviction of the licensee is overturned. 9 b. A board that receives investigative information submitted 10 pursuant to paragraph a shall permanently revoke the license 11 of a licensee if the board finds by a preponderance of the 12 evidence that the sexual abuse offense under chapter 709 or 13 human trafficking offense under chapter 710A occurred. The 14 board may also utilize information submitted pursuant to 15 paragraph a as the basis of other disciplinary action that the 16 board may impose as provided by rule or law. 17 Sec. 5. NEW SECTION . 147.59 Disclosure of probationary 18 status. 19 A licensee who is practicing on a probationary basis shall 20 provide a written disclosure regarding the basis for the 21 licensees probationary status to a person or the persons 22 guardian or third-party representative, as applicable, prior to 23 providing a service to the person. 24 Sec. 6. Section 148.3, Code 2025, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 5. Prior to granting a license to an 27 applicant for a license to practice medicine and surgery or 28 osteopathic medicine and surgery who has practiced in another 29 state, the board shall obtain disciplinary history from each 30 state in which the applicant has practiced, which shall include 31 information from cases that have not been fully adjudicated. 32 The board shall review the data obtained pursuant to this 33 subsection and determine whether the data requires the board 34 to decline to issue a license or to conduct an additional 35 -4- LSB 2056XS (2) 91 ss/ko 4/ 9
S.F. 210 investigation prior to issuing a license. 1 Sec. 7. Section 148.6, subsection 2, Code 2025, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . i. For a licensee employed by a health 4 insurer, denying a claim for any reason not supported by the 5 sound medical judgment of the licensee. 6 Sec. 8. Section 272C.6, subsection 4, paragraph a, Code 7 2025, is amended to read as follows: 8 a. In order to assure a free flow of information for 9 accomplishing the purposes of this section , and notwithstanding 10 section 622.10 , all complaint files, investigation files, other 11 investigation reports, and other investigative information in 12 the possession of a licensing board or peer review committee 13 acting under the authority of a licensing board or its 14 employees or agents which relates to licensee discipline 15 are privileged and confidential until the conclusion of the 16 investigation , and are not subject to discovery, subpoena, or 17 other means of legal compulsion for their release to a person 18 other than the licensee and the boards, their employees and 19 agents involved in licensee discipline, and are not admissible 20 in evidence in a judicial or administrative proceeding other 21 than the proceeding involving licensee discipline until the 22 conclusion of the investigation . However, investigative 23 information in the possession of a licensing board or its 24 employees or agents which relates to licensee discipline may 25 be disclosed to appropriate licensing authorities within this 26 state, the appropriate licensing authority in another state, 27 the coordinated licensure information system provided for in 28 the nurse licensure compact contained in section 152E.1 or 29 the advanced practice registered nurse compact contained in 30 section 152E.3 , the District of Columbia, or a territory or 31 country in which the licensee is licensed or has applied for a 32 license. If the investigative information in the possession 33 of a licensing board or its employees or agents indicates a 34 crime has been committed, the information shall be reported 35 -5- LSB 2056XS (2) 91 ss/ko 5/ 9
S.F. 210 to the proper law enforcement agency. However, a final 1 written decision and finding of fact of a licensing board in a 2 disciplinary proceeding, including a decision referred to in 3 section 272C.3, subsection 4 , is a public record. A licensing 4 board shall not release personally identifiable information 5 regarding a complaint without the express written permission 6 of the complainant. 7 Sec. 9. NEW SECTION . 622.14 Licensed health professional 8 investigative information. 9 Disciplinary records of a person licensed pursuant to 10 chapter 147 shall be admissible to the extent that they show a 11 pattern of misconduct or a breach of professional duties. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanations substance by the members of the general assembly. 15 This bill relates to the regulation of licensed health 16 professionals. Prior to issuing a license to practice a 17 health profession, the bill requires a health profession 18 licensing board to consult the national practitioner data bank, 19 the child abuse registry, and the sex offender registry for 20 any information that would constitute grounds to decline to 21 issue a license to an applicant. The bill also requires the 22 department of inspections, appeals, and licensing to create 23 an integrated database by July 1, 2026, that contains all 24 information found in the national practitioner data bank and 25 all state disciplinary records and actions, which shall be 26 available to the public at no cost. The bill requires the 27 integrated database to include a clearly identifiable function 28 that identifies whether each licensee has had a complaint filed 29 against the licensee for sexual misconduct or sexual assault, 30 as defined in the bill, substance use, medical malpractice, 31 or substandard practice. Upon the creation of the integrated 32 database, the bill requires a health profession licensing 33 board to consult the database before issuing a license to an 34 applicant. 35 -6- LSB 2056XS (2) 91 ss/ko 6/ 9
S.F. 210 If a health profession licensing board identifies a founded 1 case of sexual misconduct against an applicant, the bill 2 prohibits the board from issuing a license to the applicant 3 unless 10 years have elapsed since the conduct giving rise 4 to the case, and the applicant has completed a problematic 5 sexualized behavior treatment program. If a health profession 6 licensing board identifies a founded case of sexual misconduct 7 against a current licensee, the bill requires the board to 8 suspend the license of the licensee until 10 years have elapsed 9 since the conduct giving rise to the case, and the licensee has 10 completed a problematic sexualized behavior treatment program. 11 The bill imposes on licensees a duty to report any other 12 licensee that the licensee knows to have violated a law or rule 13 regarding sexual misconduct, sexual assault, or substance use 14 within five days of obtaining such knowledge to the relevant 15 board. The bill requires each health profession licensing 16 board to require each licensee to complete at least one hour 17 of continuing education per licensure renewal cycle on the 18 licensees duty to report. 19 The bill requires a person who employs a licensed health 20 professional to submit to the board who licenses the person 21 information regarding all disciplinary actions taken against 22 the licensee. Upon the receipt of a complaint against a 23 licensee, the bill also requires a board to provide a copy 24 of the complaint to the licensees employer, all insurance 25 carriers who have billed for the licensees services in the 26 past year, and the licensees medical malpractice insurance 27 company, if applicable, if the board receives the express 28 written permission of the complainant. 29 The bill requires health profession licensing boards to take 30 certain actions in response to the receipt of complaints on 31 specified matters. For a complaint of sexual misconduct, a 32 board shall require a licensee to practice under supervision 33 until the conclusion of the boards investigation. For a 34 complaint of sexual assault, the board shall suspend the 35 -7- LSB 2056XS (2) 91 ss/ko 7/ 9
S.F. 210 license of the licensee until the conclusion of the boards 1 investigation. The bill requires health profession licensing 2 boards to prioritize investigations of complaints of sexual 3 misconduct and sexual assault such that the average length of 4 such investigations does not exceed 30 days. If a licensee is 5 criminally charged with sexual abuse or human trafficking, a 6 health profession licensing board shall immediately suspend the 7 license of the licensee, and a board shall permanently revoke 8 the license of a licensee who is convicted of sexual abuse 9 or human trafficking. The bill requires a law enforcement 10 officer to provide all information gathered pursuant to an 11 investigation of a claim of sexual abuse or human trafficking 12 against a licensee to the relevant licensing board if the 13 law enforcement officer terminates the investigation without 14 requesting that charges be filed, charges are dropped, or a 15 conviction is overturned. The board shall then permanently 16 revoke the license of a licensee if the board finds by a 17 preponderance of the evidence that the underlying conduct 18 occurred. 19 The bill requires a licensed health professional who 20 is practicing on a probationary basis to provide a written 21 disclosure regarding the basis for the licensees probationary 22 status to a person or the persons guardian prior to providing 23 services. 24 Prior to granting a license to an applicant for a license 25 to practice medicine and surgery or osteopathic medicine and 26 surgery who has practiced in another state, the bill requires 27 the board of medicine to obtain the complete disciplinary 28 history of the applicant from each state in which the applicant 29 has practiced and determine whether the history requires the 30 board to decline to issue a license or complete an additional 31 investigation before issuing a license. The bill allows the 32 board of medicine to discipline a physician and surgeon or 33 osteopathic physician and surgeon who is employed by a health 34 insurer and denies a claim for any reason not supported by the 35 -8- LSB 2056XS (2) 91 ss/ko 8/ 9
S.F. 210 sound medical judgment of the licensee. 1 The bill removes the privileged and confidential status of 2 files relating to a licensing board investigation of a licensee 3 once the licensing board completes its investigation. The bill 4 prohibits a licensing board from releasing investigative files 5 containing personally identifiable information without the 6 express written consent of the complainant. 7 The bill makes disciplinary records of a licensed health 8 professional admissible in a civil action to the extent that 9 they show a pattern of misconduct or a breach of professional 10 duties. 11 -9- LSB 2056XS (2) 91 ss/ko 9/ 9