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Kim Reynolds O f f i c e o f t h e G o v e r n o r A d a m Gregg G O V E R N O R L T g o v e r n o r June 1.2023 The Honorable Paul Pate Secretar)'ofStateofIowa StateCapitol Des Moines.Iowa 50319 Dear Mr.Secretaiy.
House File 93 - Enrolled House File 93 AN ACT PROHIBITING SPECIFIED PROVISIONS IN AGREEMENTS BETWEEN EMPLOYERS AND CERTAIN MENTAL HEALTH PROFESSIONALS AND INCLUDING EFFECTIVE DATE PROVISIONS.
1herebytransmit:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
HouseFile93.anActprohibitingspecifiedprovisionsinagreementsbetweenemployers andcertainmentalhealthprofessionalsandincludingeffectivedateprovisions.
Section 1.
TheaboveHouseFileisherebyapprovedonthisdate.
Sincerely.
Kim Reyi Governor ofIowa cc:
SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES,I O W A 50319515.281.5211 FAX 515.725.35WWW.GOVERNOR.IOWA.GOV WLLMAINTAI ' .
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!' H o u s e F i l e 93 AN A C T P R O H IB IT IN G S P E C IF IE D P R O V IS IO N S IN AG R EEM EN TS BETW EEN EM PLO YER S AN D C E R T A IN M E N T A LH E A L T H P R O F E S S IO N A LAND IN C L U D IN G E F F E C T IV ED A T E P R O V IS IO N S .
B E I T E N A C T E DB Y T H E G E N E R A LA S S E M B L YO F T H E S T A T E O F IO W A :
S ection 1.
147.164 M ental h e a lth p ro fe ssio n a ls — lim ita tio n s on com petition p ro h ib ite d .
147.164 Mental health professionals —— limitations on competition prohibited.
As u s e d in t h i s s e c t io n :
1.
a, '^Employer" means a person, as defined in chapter 4, who in th is s ta te em ploys fo r wages an em ployee.
As used in this section:
b» ^Mental health p ro fe s s io n a l'' means the same as defined in s e c tio n 2 2 8 .1 , and in c lu d e s a l l o f th e fo llo w in g :
a.
(1) In d iv id u a ls who are com pleting th e ir supervisory requirem ent under a tem porary lic e n s e .
“Employer” means a person, as defined in chapter 4, who in this state employs for wages an employee.
(2 ) L ic e n s e d m a ste r s o c ia l w o rk e rs w ith a c u rre n t and a c tiv e s u p e rv is io n p la n on f i l e w ith the board o f s o c ia l w ork.
b.
“Mental health professional” means the same as defined in section 228.1, and includes all of the following:
(1) Individuals who are completing their supervisory requirement under a temporary license.
(2) Licensed master social workers with a current and active supervision plan on file with the board of social work.
An em ployer s h a ll not e n te r in to an agreem ent w ith a lice n se d m ental h e a lth p ro fe s s io n a l th a t lim its the lo c a tio n a t which the lice n se e may p ra c tic e , p ro h ib its the lice n se e from c o n ta c tin g fo r p ro fe s s io n a l se rvice s a person p re v io u s ly tre a te d by the lic e n s e e , or imposes a tim e r e s tr ic tio n on the p r a c tic e o f th e lic e n s e e .
An employer shall not enter into an agreement with a licensed mental health professional that limits the location at which the licensee may practice, prohibits the licensee from contacting for professional services a person previously treated by the licensee, or imposes a time restriction on the practice of the licensee.
A p ro v is io n o f an agreem ent e n te re d in to between an employer and a lice n se d m ental h e a lth p ro fe s s io n a l p rio r to , on, or a fte r th e e ffe c tiv e date o f th is A ct th a t is c o n tra ry to t h i s s e c t io n s h a ll be v o id a n d u n e n fo r c e a b le .
A provision of an agreement entered into between an employer and a licensed mental health professional prior to, on, or after the effective date of this Act that is contrary to this section shall be void and unenforceable.
P A G R A S S L E :
______________________________ ______________________________ PAT GRASSLEY AMY SINCLAIR Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 93, Ninetieth General Assembly.
AMY SIN^AIR Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 93, Ninetieth General Assembly.
______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2023 ______________________________ KIM REYNOLDS Governor
HEGHi^ NELSON Chi6« Clerk o f the House Approved I' " , 2 0 2 3 G o v e r n o r
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