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Senate File 2367 - Introduced SENATE FILE 2367 BY COMMITTEE ON HEALTH AND HUMAN SERVICES (SUCCESSOR TO SSB 3139) A BILL FOR An Act relating to health-related matters, including health-related professions, certificates of need, and nutrition, and including applicability provisions.
Senate File 2367 S-5062 Amend Senate File 2367 as follows:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1.
TLSB 6564SV (2) 91 dg/ko S.F.
By striking everything after the enacting clause and inserting:
2367 DIVISION I CONTINUING EDUCATION REQUIREMENTS —— NUTRITION AND METABOLIC HEALTH Section 1.
<DIVISION I CONTINUING EDUCATION REQUIREMENTS —— NUTRITION AND METABOLIC HEALTH Section 1.
DIVISION II CERTIFICATE OF NEED Sec.
DIVISION II MEDICAL SCHOOL GRADUATION REQUIREMENT —— NUTRITION Sec.
Section 135.61, subsection 16, paragraphs e, g, i, and k, Code 2026, are amended by striking the paragraphs.
NEW SECTION.
Sec.
148.15 Medical school graduation requirement —— nutrition.
4.
Beginning July 1, 2028, a medical school or college of osteopathic medicine and surgery in this state shall require as SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 1/49 -1- a condition of graduation that each student complete at least forty hours of coursework on nutrition and metabolic health.
Section 135.61, subsection 16, paragraph m, subparagraphs (2) and (3), Code 2026, are amended by striking the subparagraphs.
Sec.
5.
Section 135.62, subsection 2, paragraph a, Code 2026, is amended to read as follows:
LSB 6564SV (2) 91 -1- dg/ko 1/9 S.F.
2367 a.
Private offices and private clinics of an individual physician, dentist, or other practitioner or group of health care providers, except as provided by section 135.61, subsection 16, paragraphs “g” , “h”, and “m”, and section 135.61, subsections 2 and 18.
Sec.
6.
Section 135.62, subsection 2, paragraph e, subparagraph (2), Code 2026, is amended to read as follows:
(2) Acquires major medical equipment as provided by section 135.61, subsection 16, paragraphs “i” and paragraph “j”.
Sec.
7.
Section 135.62, subsection 2, paragraph g, subparagraph (1), unnumbered paragraph 1, Code 2026, is amended to read as follows:
A reduction in bed capacity of an institutional health facility, notwithstanding any provision in this subchapter to the contrary, except where a provision expressly exempts such a reduction, if all of the following conditions exist:
Sec.
8.
Section 135.62, subsection 2, paragraph k, subparagraph (1), unnumbered paragraph 1, Code 2026, is amended to read as follows:
The redistribution of beds by a hospital within the acute care category of bed usage, notwithstanding any provision in this subchapter to the contrary, except where a provision expressly exempts such a redistribution of skilled nursing facility or swing beds by a hospital, if all of the following conditions exist:
Sec.
9.
Section 135.62, subsection 2, paragraph p, Code 2026, is amended by striking the paragraph.
Sec.
10.
Section 135.62, subsection 2, Code 2026, is amended by adding the following new paragraphs:
NEW PARAGRAPH .
r.
An outpatient facility that provides behavioral health services, as defined by rule by the department, to individuals on an outpatient basis, including but not limited to substitution-based treatment centers for opiate addiction.
NEW PARAGRAPH .
s.
Open heart surgical services.
LSB 6564SV (2) 91 -2- dg/ko 2/9 S.F.
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2367 NEW PARAGRAPH.
t.
Organ transplantation services.
NEW PARAGRAPH .
u.
Notwithstanding any provision of this subchapter to the contrary, any acquisition whether acquired by purchase, lease, or donation by or on behalf of a health care provider or a group of health care providers of any piece of replacement equipment with a value in excess of one million five hundred thousand dollars.
NEW PARAGRAPH.
v.
Notwithstanding any provision of this subchapter to the contrary, any acquisition whether acquired by purchase, lease, or donation by or on behalf of an institutional health facility or a health maintenance organization of any piece of replacement equipment with a value in excess of one million five hundred thousand dollars.
NEW PARAGRAPH .
w.
Any air transportation service for transportation of patients or medical personnel offered through an institutional health facility.
NEW PARAGRAPH .
x.
Notwithstanding any provision of this subchapter to the contrary, bed capacity changes by an institutional health facility that constitute a permanent change or reduction in, or a redistribution, deletion, or conversion of, nursing facility beds, skilled nursing facility beds, or swing beds.
NEW PARAGRAPH .
y.
Notwithstanding any provision of this subchapter to the contrary, bed capacity changes that constitute a permanent change or reduction in, or a redistribution, deletion, or conversion of, beds in intermediate care facilities for persons with mental illness, or intermediate care facilities for persons with an intellectual disability.
Sec.
11.
Section 135.62, subsection 4, Code 2026, is amended to read as follows:
4.
The department shall not process applications for an intermediate care facility for persons with an intellectual disability, or consider a new or changed institutional health service for an intermediate care facility for persons with LSB 6564SV (2) 91 -3- dg/ko 3/9 S.F.
2367 an intellectual disability, unless both of the following conditions are met:
a.
The new or changed beds shall not result in an increase in the total number of medical assistance certified intermediate care facility beds for persons with an intellectual disability in the state, exclusive of those beds at the state resource centers or other state institutions, beyond one thousand six hundred thirty-six beds.
b.
A a letter of support for the application is provided by the county board of supervisors, or the board’s designee, in the county in which the beds facility is or would be located.
Sec.
12.
Section 135.65, subsection 3, paragraph b, Code 2026, is amended to read as follows:
b.
A period for the submission of written public hearing comments from affected persons on the application, to be held scheduled prior to completion of the evaluation required by paragraph “a”.
Sec.
13.
Section 135.65, subsection 4, Code 2026, is amended by striking the subsection.
Sec.
14.
Section 135.70, subsection 2, Code 2026, is amended to read as follows:
2.
Upon expiration of a certificate of need, and prior to extension of the certificate of need, any affected person shall have the right to submit to the department information which may be relevant to the question of granting an extension.
The department may call a public hearing for this purpose.
15.
4.
LSB 6564SV (2) 91 -4- dg/ko 4/9 S.F.
Sec.
2367 Sec.
5.
16.
The department shall continuously request that the United States department of agriculture, food and nutrition service, provide approval, for purposes of state administration of the supplemental food and nutrition program and the summer EBT program, if the state participates in the summer EBT program, for a modification to the list of eligible foods in 7 C.F.R.
§271.2 to only include foods that are eligible as of January 1, 2026.
The department may seek approval for additional foods to be excluded based on healthy food standards if the state provides all authorized SNAP retailers with a list of ineligible foods identified by universal product code, and instructions for point-of-sale compliance.
The department shall implement each modification upon receipt of approval.
DIVISION IV IVERMECTIN —— OVER-THE-COUNTER AVAILABILITY Sec.
6.
NEW SECTION.
126.24 Ivermectin —— prescription drug order not required.
The department shall do all of the following:
A pharmacist or pharmacy may distribute ivermectin for human consumption as an over-the-counter medicine.
a.
Continuously maintain state participation in SNAP by administering the program in accordance with guidelines approved by the United States department of agriculture, food and nutrition service, that specify that eligible foods pursuant to 7 C.F.R.
§271.2 are healthy foods as defined by the director or the director’s designee.
b.
Ensure that the provision of SNAP benefits to recipients is uninterrupted.
The department may participate in the summer EBT program subject to federally approved eligible foods for the summer EBT program being consistent with eligible foods as described in subsection 1, paragraph “a”.
A pharmacist or pharmacy shall not be subject to professional discipline or civil or criminal penalties for the SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 2/49 -2- distribution of ivermectin pursuant to this section.
DIVISION IV SCHOOL FOODS AND BEVERAGES Sec.
DIVISION V SCHOOL FOODS AND BEVERAGES Sec.
17.
7.
18.
8.
Be subject to and comply with the requirements of section 283A.6 relating to the preparation of meals provided to students, and prohibited ingredients in meals provided to students, in the same manner as a school district, if the charter school or innovation zone school provides a LSB 6564SV (2) 91 -5- dg/ko 5/9 S.F.
Be subject to and comply with the requirements of section 283A.6 relating to the preparation of meals provided to students, and prohibited ingredients in meals provided to students, in the same manner as a school district, if the charter school or innovation zone school provides a breakfast or lunch program.
2367 breakfast or lunch program.
19.
9.
b.
SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 3/49 -3- b.
20.
10.
The authorities in charge of nonpublic schools may operate or provide for the operation of school breakfast or lunch programs in schools under their jurisdiction and may use funds appropriated to them by the general assembly, gifts, funds LSB 6564SV (2) 91 -6- dg/ko 6/9 S.F.
The authorities in charge of nonpublic schools may operate or provide for the operation of school breakfast or lunch programs in schools under their jurisdiction and may use funds appropriated to them by the general assembly, gifts, funds received from sale of school breakfasts or lunches under such programs, and any other funds available to the nonpublic school.
2367 received from sale of school breakfasts or lunches under such programs, and any other funds available to the nonpublic school.
21.
11.
EXPLANATION The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.
DIVISION VI SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 4/49 -4- EDUCATIONAL STANDARDS Sec.
This bill relates to the regulation of health-related matters, including health-related professions, certificates of need, and nutrition.
12.
The bill is organized in divisions.
Section 256.11, subsection 2, Code 2026, is amended to read as follows:
DIVISION I —— CONTINUING EDUCATION REQUIREMENTS —— NUTRITION AND METABOLIC HEALTH.
2.
The bill requires the board of medicine and the board of physician assistants to adopt rules requiring certain licensees to receive continuing education credits regarding nutritional and metabolic health as a condition of license renewal.
a.
DIVISION II —— CERTIFICATE OF NEED.
The kindergarten program shall include experiences designed to develop healthy emotional and social habits and growth in the language arts and communication skills, as well as a capacity for the completion of individual tasks, and protect and increase physical well-being with attention given to experiences relating to the development of life skills and, subject to section 279.80, age-appropriate and research-based human growth and development.
The bill changes the definition of “new institutional health service” or “changed institutional health service”.
The kindergarten program shall also include instruction related to nutrition that emphasizes all of the following:
The bill alters the list of items that are excluded from the provisions of Code chapter 135 (department of health and human services —— public health), subchapter VI (health facilities).
(1) The importance of animal-based protein, dairy, vegetables, and fruit.
The bill strikes a provision restricting the department of health and human services (HHS) from processing applications for an intermediate care facility for persons with an intellectual disability, or LSB 6564SV (2) 91 -7- dg/ko 7/9 S.F.
(2) The nutritional benefits of animal-based protein, dairy, vegetables, and fruit.
2367 considering a new or changed institutional health service for an intermediate care facility for persons with an intellectual disability, unless the new or changed beds shall not result in an increase in the total number of medical assistance certified intermediate care facility beds for persons with an intellectual disability in the state, exclusive of those beds at the state resource centers or other state institutions, beyond 1,636 beds.
(3) The role that animal-based protein, dairy, vegetables, and fruit play in a balanced diet.
The bill replaces a requirement that HHS hold a public hearing on an application for a certificate of need with a requirement that the department provide a period for the submission of written comments from affected persons.
b.
The bill strikes an authorization for the department to call a public hearing on the question of whether to grant an extension for an expiring certificate of need.
A kindergarten teacher shall be licensed to teach in kindergarten.
DIVISION III —— SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM —— SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.
c.
The bill requires HHS to continuously maintain state participation in the federal supplemental nutrition assistance program (SNAP) by administering the program in accordance with guidelines approved by the United States department of agriculture, food and nutrition service, to define “eligible foods” as “healthy foods”, as that term is defined by the department, and to seek any federal approval necessary to ensure that provision of benefits is continuous.
An accredited nonpublic school must meet the requirements of this subsection only if the nonpublic school offers a kindergarten program;
The bill requires HHS to ensure that the provision of SNAP benefits to recipients is uninterrupted.
provided, however, that section 279.80 shall not apply to a nonpublic school.
The bill also allows HHS to participate in the summer electronic benefits transfer for children program, subject to federal approval of guidelines for eligible foods under the program that are similar to the guidelines for eligible foods under SNAP.
Sec.
DIVISION IV —— SCHOOL FOODS AND BEVERAGES.
13.
The bill prohibits school districts, certain charter schools, and innovation zone schools from serving meals to students as part of the school’s breakfast or lunch program that contain LSB 6564SV (2) 91 -8- dg/ko 8/9 S.F.
Section 256.11, subsection 3, paragraph a, subparagraph (5), Code 2026, is amended to read as follows:
2367 blue dye 1, blue dye 2, green dye 3, potassium bromate, propylparaben, red dye 40, yellow dye 5, or yellow dye 6, unless the foods or beverages in the meal were received as part of a direct delivery from the foods in schools program of the United States department of agriculture.
(5) Health.
The bill also prohibits schools from permitting the sale to students of any foods or beverages that contain such ingredients on school campus unless the sale takes place after the end of the school day.
The health curriculum shall include the all of the following:
The bill requires nonpublic schools that use moneys appropriated by the general assembly to provide breakfast or lunch to students to ensure that the meals comply with the same prohibition on ingredients as school districts.
(a) The characteristics of communicable diseases.
This division of the bill applies to school years beginning on or after July 1, 2027.
(b) Instruction related to nutrition that emphasizes all of the following:
LSB 6564SV (2) 91 -9- dg/ko 9/9
(i) The importance of animal-based protein, dairy, vegetables, and fruit.
(ii) The nutritional benefits of animal-based protein, SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 5/49 -5- dairy, vegetables, and fruit.
(iii) The role that animal-based protein, dairy, vegetables, and fruit play in a balanced diet.
Sec.
14.
Section 256.11, subsection 4, paragraph a, subparagraphs (5) and (7), Code 2026, are amended to read as follows:
(5) Health.
The health curriculum shall include age-appropriate all of the following:
(a) Age-appropriate and research-based information regarding the characteristics of sexually transmitted diseases.
(b) Instruction related to nutrition that emphasizes all of the following:
(i) The importance of animal-based protein, dairy, vegetables, and fruit.
(ii) The nutritional benefits of animal-based protein, dairy, vegetables, and fruit.
(iii) The role that animal-based protein, dairy, vegetables, and fruit play in a balanced diet.
(7) Career instruction, exploration, and development, which shall include career investigation, career connections, and career intentions.
Career exploration and development shall be designed so that students are appropriately prepared to create an individualized career and academic plan pursuant to section 279.61, incorporate foundational career and technical education concepts aligned with the six career and technical education service areas as defined in subsection 5, paragraph “h”, incorporate relevant twenty-first century skills to facilitate career readiness, and introduce students to career opportunities within the local community and across this state.
This subparagraph shall not apply to the teaching of career exploration and development in nonpublic schools.
Sec.
15.
Section 256.11, subsection 4, paragraph b, Code 2026, is amended to read as follows:
b.
Computer science instruction incorporating the standards established under section 256.7, subsection 26, paragraph “a”, SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 6/49 -6- subparagraph (4), shall be offered in at least one grade level commencing with the school year beginning July 1, 2023.
Career exploration and development shall be designed so that students are appropriately prepared to create an individual career and academic plan pursuant to section 279.61, incorporate foundational career and technical education concepts aligned with the six career and technical education service areas as defined in subsection 5, paragraph “h”, incorporate relevant twenty-first century skills to facilitate career readiness, and introduce students to career opportunities within the local community and across this state.
Sec.
16.
Section 256.11, subsection 5, paragraph h, subparagraph (1), subparagraph division (a), Code 2026, is amended to read as follows:
(a) Agriculture, food, and natural resources, which shall include instruction relating to food production and the benefits of local sourcing.
Sec.
17.
Section 256.11, subsection 5, paragraph j, subparagraph (1), Code 2026, is amended to read as follows:
(1) One unit of health education which may include personal health;
food and nutrition;
environmental health;
safety and survival skills;
consumer health;
family life;
age-appropriate and research-based human growth and development that incorporates the standards established under section 279.50, subsection 3, paragraph “b”;
substance use disorder and nonuse;
emotional and social health;
health resources;
cardiopulmonary resuscitation;
and prevention and control of disease, including age-appropriate and research-based information regarding sexually transmitted diseases.
The one unit of health education shall include instruction related to nutrition that emphasizes all of the following:
(a) The importance of animal-based protein, dairy, vegetables, and fruit.
(b) The nutritional benefits of animal-based protein, dairy, vegetables, and fruit.
SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 -7- dg/ko 7/49 (c) The role that animal-based protein, dairy, vegetables, and fruit play in a balanced diet.
Sec.
18.
Section 256E.7, subsection 2, paragraph h, Code 2026, is amended by adding the following new subparagraphs:
NEW SUBPARAGRAPH .
(01) The educational standards established in section 256.11, subsections 2, 3, and 4, and section 256.11, subsection 5, paragraph “j”, subparagraph (1), related to instruction on nutrition.
NEW SUBPARAGRAPH .
(3) The educational standards established in section 256.11, subsection 5, paragraph “h”, subparagraph (1), subparagraph division (a), related to instruction relating to food production and the benefits of local sourcing.
Sec.
19.
Section 256F.4, subsection 2, Code 2026, is amended by adding the following new paragraphs:
NEW PARAGRAPH .
0p.
Be subject to and comply with the requirements of section 256.11, subsections 2, 3, and 4, and section 256.11, subsection 5, paragraph “j”, subparagraph (1), related to instruction on nutrition in the same manner as a school district.
NEW PARAGRAPH .
w.
Be subject to and comply with the requirements of section 256.11, subsection 5, paragraph “h”, subparagraph (1), subparagraph division (a), related to instruction relating to food production and the benefits of local sourcing in the same manner as a school district.
Sec.
20.
NEW SECTION.
283A.14 Application for waiver —— updated nutritional guidelines —— joint committee.
1.
The general assembly finds and declares all of the following:
a.
The nutritional needs and cultural preferences of the students in Iowa might be better served by localizing nutritional standards.
b.
Unique regional food sources, including corn, pork, and dairy, are not adequately addressed by federal guidelines.
c.
Flexibility in nutritional standards can enhance the SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 8/49 -8- ability of schools to provide meals that are both nutritious and appealing to students, which may increase student participation in school breakfast and lunch programs.
2.
Within ninety days after the effective date of this Act, the department of education shall apply for a waiver under the provisions of the federal National School Lunch Act of 1966, 42 U.S.C.
§1751 et seq., and the federal Child Nutrition Act of 1966, 42 U.S.C.
§1771 et seq., to request all of the following:
a.
An exemption from sodium limits, whole grain requirements, and fruit and vegetable variety stipulations in school breakfast and lunch programs.
b.
Permission to substitute or modify federal requirements with state-specific nutritional guidelines that align with Iowa’s dietary recommendations or cultural food practices.
3.
If the waiver applied for by the department of education under subsection 2 is granted, the department of education shall adopt updated guidelines for what constitutes a nutritionally adequate meal.
The department shall consult with the department of agriculture and land stewardship, experts in nutrition, educators, parents, local farmers, and other stakeholders during the process of adopting updated guidelines for what constitutes a nutritionally adequate meal.
The guidelines for what constitutes a nutritionally adequate meal may reflect local preferences, regional food sources, including corn, pork, and dairy, and cultural considerations.
The guidelines for what constitutes a nutritionally adequate meal must satisfy all of the following requirements:
a.
Be at least as stringent in promoting health and preventing chronic diseases as the federal guidelines.
b.
Maintain a commitment to nutritional health and student well-being.
c.
Prioritize the following food groups, in the order listed:
(1) Animal-based protein, including but not limited to beef, pork, poultry, fish, and eggs.
SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 9/49 -9- (2) Dairy products, including but not limited to milk, cheese, and yogurt.
(3) Vegetables, including but not limited to local and seasonal produce.
(4) Fresh fruit or dried or frozen fruit when fresh fruit is not seasonally available.
4.
If the waiver applied for by the department of education under subsection 2 is granted, the department of education and the department of agriculture and land stewardship shall establish a joint committee to do all of the following:
a.
Oversee the implementation of the guidelines for what constitutes a nutritionally adequate meal.
b.
Review the outcomes associated with the guidelines for what constitutes a nutritionally adequate meal.
c.
Study the nutritional science associated with the guidelines for what constitutes a nutritionally adequate meal and seek feedback from schools, parents, and agricultural stakeholders related to the guidelines.
d.
Provide recommendations to the department of education related to changes that may need to be made to the guidelines for what constitutes a nutritionally adequate meal.
5.
If the waiver applied for by the department of education under subsection 2 is granted, the department of education shall submit to the general assembly an annual report, beginning on or before the first June 30 after the implementation of the new guidelines, which describes the impact of the guidelines related to what constitutes a nutritionally adequate meal, including information related to school breakfast and lunch program participation, student health outcomes, feedback from school districts, progress in implementing the guidelines, challenges associated with implementing the guidelines, and recommendations for further enhancement of the guidelines.
6.
If the waiver applied for by the department of education under subsection 2 is granted, the department of education SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 10/49 -10- shall conduct an evaluation to assess the effectiveness of the guidelines for what constitutes a nutritionally adequate meal compared to the comparable federal standards within five years after the effective date of the waiver.
Sec.
21.
EFFECTIVE DATE.
The following, being deemed of immediate importance, takes effect upon enactment:
The section of this division of this Act enacting section 283A.14.
Sec.
22.
APPLICABILITY.
The following apply to school years beginning on or after July 1, 2027:
1.
The section of this division of this Act amending section 256.11, subsections 2, 3, and 4.
2.
The section of this division of this Act amending section 256.11, subsection 5, paragraph “h”, subparagraph (1), subparagraph division (a).
3.
The section of this division of this Act amending section 256.11, subsection 5, paragraph “j”, subparagraph (1).
4.
The section of this division of this Act amending section 256E.7, subsection 2, paragraph “h”.
5.
The section of this division of this Act amending section 256F.4, subsection 2.
DIVISION VII STUDENT INSTRUCTIONAL TECHNOLOGY STANDARDS Sec.
23.
Section 256E.7, subsection 2, Code 2026, is amended by adding the following new paragraph:
NEW PARAGRAPH .
0s.
Be subject to and comply with the requirements of section 279.89 relating to student instructional technology standards in the same manner as a school district.
Sec.
24.
Section 256F.4, subsection 2, Code 2026, is amended by adding the following new paragraph:
NEW PARAGRAPH .
w.
Be subject to and comply with the requirements of section 279.89 relating to student instructional technology standards in the same manner as a school district.
SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 11/49 -11- Sec.
25.
NEW SECTION.
279.89 Student instructional technology standards.
1.
As used in this section, unless the context otherwise requires:
a.
“Digital instruction” means lessons, assignments, assessments, or instructional activities delivered through instructional technology.
b.
“Instructional technology” means a laptop, tablet, computer, smart device, software platform, or other similar device or platform used for student learning.
c.
“One-to-one digital device program” means a program through which a school district provides or assigns a digital device to each student for instructional use.
2.
a.
For students enrolled in grades kindergarten through five, digital instruction shall not exceed sixty minutes per school day.
b.
The following uses shall not count toward the daily limit:
(1) Use required pursuant to an individualized education program or a plan developed pursuant to section 504 of the federal Rehabilitation Act of 1973.
(2) Assistive or adaptive technology necessary to provide a student access to instruction.
(3) Teacher-directed demonstrations using a projector, smartboard, or similar display device when students are not individually operating a digital device.
(4) State assessments and progress monitoring that requires the use of a one-to-one digital device.
(5) Dedicated computer science and technology curriculum.
3.
a.
The board of directors of each school district shall adopt a written technology use policy applicable to grades kindergarten through five.
b.
The policy shall include all of the following:
(1) The district’s daily digital instruction limits.
(2) A list of digital platforms and applications used for SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 12/49 -12- instruction.
(3) Notice of a parent’s or guardian’s right to request additional reductions in the parent’s or guardian’s child’s digital instruction.
(4) A statement that instructional technology shall support, and not supplant, foundational learning.
(5) A prohibition on the use of digital devices during recess.
c.
The policy shall be published on each elementary school’s internet site.
4.
a.
Prior to adopting or renewing a one-to-one digital device program for any grade level, the board of directors of a school district shall complete a technology adoption checklist that documents consideration of all of the following:
(1) The instructional purpose of the device.
(2) Age appropriateness of the device and associated software.
(3) Content-filtering limitations and the district’s capacity to mitigate those limitations.
(4) Whether student data is collected, stored, or shared, and the nature of such data practices.
b.
The checklist shall be retained by the board and made available to the department of education upon request for audit or compliance purposes.
c.
Each school district shall make publicly available on the district’s internet site a list of one-to-one digital device programs in use, and information regarding opt-out options for parents who decline participation in digital instruction.
5.
This section shall not apply to students enrolled in an online learning program operating pursuant to section 256.43.
DIVISION VIII PSYCHOLOGY INTERJURISDICTIONAL COMPACT Sec.
26.
NEW SECTION.
147M.1 Psychology interjurisdictional compact.
The psychology interjurisdictional compact is enacted into SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 13/49 -13- law and entered into by this state with all states legally joining in the compact in the form substantially as follows:
1.
Article I —— Purpose.
a.
The party states find that:
(1) States license psychologists, in order to protect the public through verification of education, training, and experience, and ensure accountability for professional practice.
(2) This compact is intended to regulate the day-to-day practice of telepsychology, in which psychological services are provided using telecommunication technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority.
(3) This compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for thirty days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority.
(4) This compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the compact, to psychologists licensed in another state.
(5) This compact recognizes that states have a vested interest in protecting the public’s health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety.
(6) This compact does not apply when a psychologist is licensed in both the home and receiving states.
(7) This compact does not apply to permanent in-person, face-to-face practice, but it does allow for authorization of temporary psychological practice.
b.
Consistent with these principles, this compact is designed to achieve the following purposes and objectives:
(1) Increase public access to professional psychological services by allowing for telepsychological practice across SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 14/49 -14- state lines as well as temporary in-person, face-to-face services into a state in which the psychologist is not licensed to practice psychology.
(2) Enhance the states’ ability to protect the public’s health and safety, especially client-patient safety.
(3) Encourage the cooperation of compact states in the areas of psychology licensure and regulation.
(4) Facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions, and disciplinary history.
(5) Promote compliance with the laws governing psychological practice in each compact state.
(6) Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.
2.
Article II —— Definitions.
a.
“Adverse action” means any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.
b.
“Association of state and provincial psychology boards” means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.
c.
“Authority to practice interjurisdictional telepsychology” means a licensed psychologist’s authority to practice telepsychology, within the limits authorized under this compact, in another compact state.
d.
“Bylaws” means those bylaws established by the psychology interjurisdictional compact commission pursuant to article X for its governance, or for directing and controlling its actions and conduct.
e.
“Client-patient” means the recipient of psychological SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 15/49 -15- services, whether psychological services are delivered in the context of health care, corporate, supervision, or consulting services.
f.
“Commissioner” means the voting representative appointed by each state psychology regulatory authority pursuant to article X.
g.
“Compact state” means a state, the District of Columbia, or United States territory that has enacted this compact legislation and which has not withdrawn pursuant to article XIII, or been terminated pursuant to article XII.
h.
“Confidentiality” means the principle that data or information is not made available or disclosed to unauthorized persons or processes.
i.
“Coordinated licensure information system” or “coordinated database” means an integrated process for collecting, storing, and sharing information on psychologists’ licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.
j.
“Day” means any part of a day in which psychological work is performed.
k.
“Distant state” means the compact state where a psychologist is physically present, not through the use of telecommunications technologies, to provide temporary in-person, face-to-face psychological services.
l.
“E.Passport” means a certificate issued by the association of state and provincial psychology boards that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.
m.
“Executive board” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 16/49 -16- n.
“Home state” means a compact state where a psychologist is licensed to practice psychology.
If the psychologist is licensed in more than one compact state and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychological services are delivered.
If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.
o.
“Identity history summary” means a summary of information retained by the federal bureau of investigation (FBI), or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.
p.
“In-person, face-to-face” means interactions in which the psychologist and the client-patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies.
q.
“Interjurisdictional practice certificate” or “IPC” means a certificate issued by the association of state and provincial psychology boards that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily, and verification of one’s qualifications for such practice.
r.
“License” means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.
s.
“Noncompact state” means any state which is not at the time a compact state.
t.
“Psychologist” means an individual licensed for the independent practice of psychology.
u.
“Psychology interjurisdictional compact commission” or “commission” means the national administration of which all compact states are members.
SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 -17- dg/ko 17/49 v.
“Receiving state” means a compact state where the client-patient is physically located when the telepsychological services are delivered.
w.
“Rule” means a written statement by the psychology interjurisdictional compact commission promulgated pursuant to article XI that is of general applicability, implements, interprets, or prescribes a policy or provision of this compact, or an organizational, procedural, or practice requirement of the commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal, or suspension of an existing rule.
x.
“Significant investigatory information” means any of the following:
(1) Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than a minor infraction.
(2) Investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified or had an opportunity to respond.
y.
“State” means a state, commonwealth, territory, or possession of the United States, or the District of Columbia.
z.
“State psychology regulatory authority” means the board, office, or other agency with the legislative mandate to license and regulate the practice of psychology.
aa.
“Telepsychology” means the provision of psychological services using telecommunication technologies.
ab.
“Temporary authorization to practice” means a licensed psychologist’s authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this compact, in another compact state.
ac.
“Temporary in-person, face-to-face practice” means where SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 18/49 -18- a psychologist is physically present, not through the use of telecommunications technologies, in the distant state to provide for the practice of psychology for thirty days within a calendar year and based on notification to the distant state.
3.
Article III —— Home state licensure.
a.
The home state shall be a compact state where a psychologist is licensed to practice psychology.
b.
A psychologist may hold one or more compact state licenses at a time.
If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.
c.
Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.
d.
Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this compact.
e.
A home state’s license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state meets all of the following requirements:
(1) Currently requires the psychologist to hold an active E.Passport.
(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals.
(3) Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual.
SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 19/49 -19- (4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the federal bureau of investigation (FBI), or other designee with similar authority, no later than ten years after activation of the this compact.
(5) Complies with the bylaws and rules of the commission.
f.
A home state’s license grants temporary authorization to practice to a psychologist in a distant state only if the compact state meets all of the following requirements:
(1) Currently requires the psychologist to hold an active IPC.
(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals.
(3) Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual.
(4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the federal bureau of investigation (FBI), or other designee with similar authority, no later than ten years after activation of this compact.
(5) Complies with the bylaws and rules of the commission.
4.
Article IV —— Compact privilege to practice telepsychology.
a.
Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with article III, to practice telepsychology in receiving states in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in this compact.
b.
To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this compact, a psychologist licensed to practice in a compact state shall SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 20/49 -20- meet all of the following requirements:
(1) Hold a graduate degree in psychology from an institution of higher education that was either of the following, at the time the degree was awarded:
(a) Regionally accredited by an accrediting body recognized by the United States department of education to grant graduate degrees, or authorized by provincial statute or royal charter to grant doctoral degrees.
(b) A foreign college or university deemed to be equivalent to subparagraph (1), subparagraph division (a), by a foreign credential evaluation service that is a member of the national association of credential evaluation services or by a recognized foreign credential evaluation service.
(2) Hold a graduate degree in psychology that meets all of the following criteria:
(a) The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program.
Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists.
(b) The psychology program must stand as a recognizable, coherent, organizational entity within the institution.
(c) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines.
(d) The program must consist of an integrated, organized sequence of study.
(e) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities.
(f) The designated director of the program must be a psychologist and a member of the core faculty.
(g) The program must have an identifiable body of students who are matriculated in that program for a degree.
(h) The program must include supervised practicum, SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 21/49 -21- internship, or field training appropriate to the practice of psychology.
(i) The curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degrees and a minimum of one academic year of full-time graduate study for master’s degrees.
(j) The program includes an acceptable residency as defined by the rules of the commission.
(3) Possess a current, full, and unrestricted license to practice psychology in a home state which is a compact state.
(4) Have no history of adverse action that violates the rules of the commission.
(5) Have no criminal record history reported on an identity history summary that violates the rules of the commission.
(6) Possess a current, active E.Passport.
(7) Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology;
criminal background;
and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the commission.
(8) Meet other criteria as defined by the rules of the commission.
c.
The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.
d.
A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology shall be subject to the receiving state’s scope of practice.
A receiving state may, in accordance with that state’s due process law, limit or revoke a psychologist’s authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state’s applicable law to protect the health and SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 22/49 -22- safety of the receiving state’s citizens.
If a receiving state takes action, the state shall promptly notify the home state and the commission.
e.
If a psychologist’s license in any home state or another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended, or otherwise limited, the E.Passport shall be revoked and the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.
5.
Article V —— Compact temporary authorization to practice.
a.
Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with article III, to practice temporarily in distant states in which the psychologist is not licensed, as provided in this compact.
b.
To exercise the temporary authorization to practice under the terms and provisions of this compact, a psychologist licensed to practice in a compact state shall meet all of the following requirements:
(1) Hold a graduate degree in psychology from an institution of higher education that was either of the following, at the time the degree was awarded:
(a) Regionally accredited by an accrediting body recognized by the United States department of education to grant graduate degrees, or authorized by provincial statute or royal charter to grant doctoral degrees.
(b) A foreign college or university deemed to be equivalent to subparagraph (1), subparagraph division (a), by a foreign credential evaluation service that is a member of the national association of credential evaluation services or by a recognized foreign credential evaluation service.
(2) Hold a graduate degree in psychology that meets all of the following criteria:
(a) The program, wherever it may be administratively housed, must be clearly identified and labeled as a SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 23/49 -23- psychology program.
Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists.
(b) The psychology program must stand as a recognizable, coherent, organizational entity within the institution.
(c) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines.
(d) The program must consist of an integrated, organized sequence of study.
(e) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities.
(f) The designated director of the program must be a psychologist and a member of the core faculty.
(g) The program must have an identifiable body of students who are matriculated in that program for a degree.
(h) The program must include supervised practicum, internship, or field training appropriate to the practice of psychology.
(i) The curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degrees and a minimum of one academic year of full-time graduate study for master’s degrees.
(j) The program includes an acceptable residency as defined by the rules of the commission.
(3) Possess a current, full, and unrestricted license to practice psychology in a home state which is a compact state.
(4) Have no history of adverse action that violates the rules of the commission.
(5) Have no criminal record history that violates the rules of the commission.
(6) Possess a current, active IPC.
(7) Provide attestations in regard to areas of intended practice and work experience and provide a release of SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 24/49 -24- information to allow for primary source verification in a manner specified by the commission.
(8) Meet other criteria as defined by the rules of the commission.
c.