Iowans Supporting the Iowa Health Freedom Act

*****The bill passed committee to go to the Senate floor with some sort of amendment.  Will post more ASAP******.

Iowans Supporting SF 124 aka "The Iowa Health Freedom Act" which would allow unlicensed holistic and natural healthcare professionals to practice without threat of prosecution under Iowa Administrative Code 653-10.1 (17A, 17)  It should be noted that this support is given to the bill in its original form as detailed here:

A BILL FOR

1 An Act establishing an Iowa health freedom Act and providing
2 remedies.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2121SS 82
5 nh/je/5

1 1 Section 1. IOWA HEALTH FREEDOM ACT == LEGISLATIVE
1 2 FINDINGS.
1 3 1. SHORT TITLE. This Act shall be known and may be cited
1 4 as the "Iowa Health Freedom Act".
1 5 2. LEGISLATIVE INTENT. The general assembly recognizes
1 6 that people find value in utilizing unlicensed and licensed
1 7 health care providers, and diverse methods, to meet a wide
1 8 variety of highly individual and personally determined needs,
1 9 including comfort, well=being, vitality, hope, prevention of
1 10 disease, treatment of chronic and acute conditions, self=
1 11 understanding, self=empowerment, and self=development. The
1 12 general assembly also recognizes that individuals are
1 13 ultimately responsible for choosing their own health care
1 14 because they are the ones that experience the effects of that
1 15 health care on their health and well=being, and that the
1 16 exercise of the constitutional right to privacy and self=
1 17 determination in regard to health care requires freedom to
1 18 access all information and all methods and providers deemed of
1 19 value by individuals so that they may have the best
1 20 opportunity to find their most suitable path to health and
1 21 well=being. The general assembly additionally recognizes that
1 22 the threat of prosecution under the chapters contained in
1 23 Title IV, subtitle 3, pertaining to licensure requirements for
1 24 health care providers, has significantly, harmfully, and
1 25 unnecessarily limited the availability of many healing arts
1 26 services in Iowa by potentially subjecting the unlicensed
1 27 providers of those services to fines, penalties, and the
1 28 restriction of their practice.
1 29 Sec. 2. NEW SECTION. 147.86A PROVISIONS NOT APPLICABLE.
1 30 The provisions of this chapter, or any chapter contained in
1 31 Title IV, subtitle 3, licensing a health care provider shall
1 32 not be construed to prohibit the practice of healing arts
1 33 diagnoses and treatments by an unlicensed person provided that
1 34 the requirements of sections 147.105 and 147.105A are met.
1 35 The provisions of this chapter, or any chapter contained in
2 1 Title IV, subtitle 3, shall not be construed to apply to,
2 2 control, or prevent the practice of healing arts diagnoses and
2 3 treatments by persons already lawfully exempt from an
2 4 applicable licensing chapter. The penalty provisions of
2 5 section 147.86, or specific penalty provisions contained
2 6 within an otherwise applicable licensing chapter, shall not
2 7 apply to the practice of healing arts diagnoses and treatment
2 8 by an unlicensed person provided that the requirements of
2 9 sections 147.105 and 147.105A are met.
2 10 Sec. 3. NEW SECTION. 147.105 PROVISION OF HEALTH CARE BY
2 11 UNLICENSED PERSONS.
2 12 Notwithstanding any other provision to the contrary, a
2 13 person who is not licensed by this state as a health care
2 14 professional, and who provides healing arts diagnoses and
2 15 treatment, does not violate Title IV, subtitle 3, pertaining
2 16 to health care provider licensure requirements, unless the
2 17 person:
2 18 1. Conducts surgery, sets fractures, or performs any other
2 19 procedure on any person that harmfully invades the skin.
2 20 2. Prescribes or administers x=ray radiation.
2 21 3. Prescribes or administers drugs, devices, or controlled
2 22 substances for which a prescription by a licensed health care
2 23 provider is required.
2 24 4. Represents, states, indicates, advertises, or implies
2 25 that the person has been issued a license to practice a health
2 26 care profession in this state.
2 27 Sec. 4. NEW SECTION. 147.105A DISCLOSURES BY UNLICENSED
2 28 PERSONS WHO PROVIDE HEALTH CARE.
2 29 1. An unlicensed person who advertises in any media that
2 30 the person is a provider of healing arts diagnoses and
2 31 treatments, or who receives financial compensation for the
2 32 provision of healing arts diagnoses and treatments, shall,
2 33 prior to the provision of such services, provide a prospective
2 34 client a plainly worded written statement disclosing the
2 35 following:
3 1 a. That the provider is not a licensed health care
3 2 provider pursuant to the licensure provisions of any of the
3 3 chapters of Title IV, subtitle 3.
3 4 b. The nature of the health care diagnoses and treatment
3 5 to be provided.
3 6 c. The education, training, experience, or other
3 7 credentials or qualifications of the unlicensed provider
3 8 regarding the diagnoses and treatment being provided,
3 9 accompanied by the following statement:
3 10 "The state of Iowa has not adopted educational and training
3 11 standards for unlicensed providers of health care services.
3 12 This statement of credentials is for informational purposes
3 13 only. If a client wishes to receive health care from a
3 14 licensed health care provider, the client may seek such care
3 15 at any time. Clients receiving treatment from a licensed
3 16 provider of health care should consult with that licensed
3 17 provider before modifying or discontinuing such treatment."
3 18 d. Whether the provider has voluntarily relinquished a
3 19 license to practice any health care profession in Iowa or
3 20 elsewhere under threat of discipline by a licensing board or
3 21 agency, civil liability, or criminal prosecution.
3 22 e. The revocation of a provider's license to practice any
3 23 health care profession in this or any other state for
3 24 misconduct.
3 25 f. Whether the provider has been convicted or adjudicated
3 26 guilty of a criminal offense against a minor, or of sexual
3 27 exploitation, or of a sexually violent crime against any
3 28 person, or is under indictment for any such crimes.
3 29 g. That the parent or legal guardian of a minor seeking
3 30 treatment has a right to request and receive written
3 31 permission from the provider for access to the relevant data
3 32 in the Iowa child abuse registry.
3 33 2. An unlicensed provider of healing arts diagnoses and
3 34 treatments shall obtain written acknowledgment from a
3 35 prospective client indicating that the prospective client has
4 1 been provided with the statement of disclosures pursuant to
4 2 subsection 1, and shall supply the client with a copy of the
4 3 disclosures and acknowledgment. The acknowledgment shall be
4 4 retained by the provider for a two=year period.
4 5 3. Any advertisement by an unlicensed provider of healing
4 6 arts diagnoses and treatments shall disclose that the provider
4 7 has not been issued a license to practice a licensed health
4 8 care profession in this state.
4 9 4. Upon request, an unlicensed provider of healing arts
4 10 diagnoses and treatment shall give written permission to a
4 11 parent or legal guardian of a minor to allow the parent or
4 12 legal guardian to access data in regard to the provider in the
4 13 central registry for founded child abuse pursuant to section
4 14 235A.15, subsection 2, paragraph "f".
4 15 Sec. 5. NEW SECTION. 147.105B SCOPE OF CHAPTER ==
4 16 REMEDIES.
4 17 1. The department may issue an immediate cease and desist
4 18 order, or seek a temporary or permanent injunction, against an
4 19 unlicensed provider of healing arts diagnoses and treatment
4 20 who fails to comply with the provisions of sections 147.105
4 21 and 147.105A.
4 22 2. State criminal and civil law not relating to the
4 23 provision of health care shall continue to apply to unlicensed
4 24 providers of healing arts diagnoses and treatments.
4 25 3. This section does not limit the right of any person to
4 26 seek relief for negligent or willful harm, or to seek any
4 27 other civil remedy against an unlicensed provider of healing
4 28 arts diagnoses and treatments.
4 29 4. This section does not restrict the state from taking
4 30 action regarding the maltreatment of minors.
4 31 EXPLANATION
4 32 This bill establishes an Iowa health freedom Act dealing
4 33 with the provision of healing arts diagnoses and treatment by
4 34 unlicensed persons.
4 35 The bill contains intent language indicating that the
5 1 general assembly recognizes that people find value in
5 2 utilizing unlicensed and licensed health care providers, and
5 3 diverse methods, to meet a wide variety of highly individual
5 4 and personally determined needs; that individuals are
5 5 ultimately responsible for choosing their own health care
5 6 because they are the ones that experience the effects of that
5 7 health care on their health and well=being; and that the
5 8 exercise of the constitutional right to privacy and self=
5 9 determination in regard to health care requires freedom to
5 10 access all information and all methods and providers deemed of
5 11 value by individuals so that they may have the best
5 12 opportunity to find their most suitable path to health and
5 13 well=being. The intent section also indicates that the
5 14 general assembly recognizes that the threat of prosecution
5 15 under the professional licensing chapters contained in Code
5 16 Title IV, subtitle 3, has significantly, harmfully, and
5 17 unnecessarily limited the availability of many healing arts
5 18 services in Iowa by potentially subjecting the unlicensed
5 19 providers of those services to fines, penalties, and the
5 20 restriction of their practice.
5 21 The bill provides that Code Title IV, subtitle 3, providing
5 22 for the licensing of health care providers shall not be
5 23 construed to prohibit the practice of healing arts diagnoses
5 24 and treatment by an unlicensed person provided that the
5 25 requirements of new Code sections 147.105 and 147.105A
5 26 relating to prohibited practices and disclosure, are met. The
5 27 new requirements shall not be construed to apply to, control,
5 28 or prevent the practice of healing arts diagnoses and
5 29 treatment by persons already lawfully exempt from an
5 30 applicable licensing Code chapter. The bill removes the
5 31 practice of healing arts diagnoses and treatment from the
5 32 penalty provisions of Code section 147.86, or specific penalty
5 33 provisions contained within an otherwise applicable licensing
5 34 Code chapter.
5 35 The bill provides that the provision of healing arts
6 1 diagnoses and treatment does not violate Code Title IV,
6 2 subtitle 3, pertaining to health care provider licensure
6 3 requirements, unless the provider of such services conducts
6 4 surgery, sets fractures, or performs any other procedure on
6 5 any person that harmfully invades the skin; prescribes or
6 6 administers x=ray radiation; prescribes or administers drugs,
6 7 devices, or controlled substances for which a prescription by
6 8 a licensed health care provider is required; or represents,
6 9 states, indicates, advertises, or implies that the person has
6 10 been issued a license to practice a health care profession in
6 11 this state.
6 12 The bill requires an unlicensed person who advertises in
6 13 any media that they are a provider of healing arts diagnoses
6 14 and treatment, or who receives financial compensation for the
6 15 provision of healing arts diagnoses and treatment, to supply a
6 16 prospective client prior to the provision of such services
6 17 with a plainly worded written statement making several
6 18 disclosures. It must be disclosed that the provider is not a
6 19 licensed heath care provider; the nature of the health care
6 20 diagnoses and treatment to be provided; and the education,
6 21 training, experience, or other credentials or qualifications
6 22 of the unlicensed provider regarding the diagnoses and
6 23 treatment being provided, accompanied by a statement that Iowa
6 24 has not adopted educational and training standards for
6 25 unlicensed providers of health care services; that the
6 26 statement of credentials is for informational purposes only;
6 27 and that if a client wishes to receive health care from a
6 28 licensed health care provider, the client may seek such care
6 29 at any time and should consult with a licensed provider before
6 30 modifying or discontinuing such existing treatment. An
6 31 unlicensed provider of healing arts diagnoses and treatment
6 32 must also disclose whether the provider has voluntarily
6 33 relinquished a license to practice; had a license revoked;
6 34 been convicted or adjudicated of a criminal offense against a
6 35 minor, or of sexual exploitation, or of a sexually violent
7 1 crime against any person, or is under indictment for any such
7 2 crimes; and that the parent or legal guardian of a minor
7 3 seeking treatment has a right to request and receive written
7 4 permission from the provider for access to relevant data in
7 5 the Iowa child abuse registry. The bill provides that written
7 6 acknowledgment from a prospective client that the client was
7 7 provided a statement of disclosures must be obtained, and
7 8 retained for a two=year period, and that the prospective
7 9 client shall receive a copy of the disclosures and
7 10 acknowledgment.
7 11 The bill additionally provides that an advertisement by an
7 12 unlicensed provider of healing arts diagnoses and treatments
7 13 shall disclose that the provider has not been issued a license
7 14 to practice a licensed health care profession, and that upon
7 15 request, an unlicensed provider of health care services shall
7 16 give written permission to a parent or legal guardian of a
7 17 minor to allow the parent or legal guardian to access the Iowa
7 18 child abuse registry.
7 19 The bill also provides for the scope of the bill's
7 20 provisions and penalties. The bill provides that the
7 21 department of public health may issue an immediate cease and
7 22 desist order, or seek a temporary or permanent injunction,
7 23 against an unlicensed provider of healing arts diagnoses and
7 24 treatment who fails to comply with the bill's provisions, and
7 25 that state criminal and civil law not relating to the
7 26 provision of health care shall continue to be applicable. The
7 27 bill provides that its provisions shall not limit the right of
7 28 any person to seek relief for negligent or willful harm, or to
7 29 seek any other civil remedy, and does not restrict the state
7 30 from taking action regarding the maltreatment of minors.
7 31 LSB 2121SS 82




To Members of the Iowa State Senate:

We, the undersigned voters,  lend our support to SF124 aka "The Iowa Health Freedom Act.   As consumers, we demand the right to make informed health care decisions.  This legislation would grant Iowans that opportunity while affording the state recourse against negligent practitioners.

It is time that Iowa joined other states such as Minnesota, Idaho, Rhode Island and California in recognizing their citizens' right to autonomous healthcare decisions.

Respectfully yours,

The undersigned voters.




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