PrintRule making related to the grain indemnity fund
The Agriculture and Land Stewardship Department hereby amends Chapter 93, “Grain Indemnity Fund Board—Organization and Operations,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 159.5 and 203D.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 203D.5.Purpose and Summary This rule making rescinds the rule that prohibits the Grain Indemnity Fund Board from instituting the participation fees and assessments for the Grain Indemnity Fund. Per statute, if the fund balance falls below $3 million, the Board is required to reinstate the fees no later than May 1 and begin collecting the fees on the following July 1. As of March 1, 2023, the Department estimates that outstanding claims will drop the fund balance below $3 million and the assessment will need to be reinstated by the Board per statute.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 11, 2023, as ARC 6803C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on February 27, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on April 26, 2023. The following rule-making action is adopted:
ITEM 1. Rescind and reserve rule 21—93.8(203D). [Filed 3/1/23, effective 4/26/23][Published 3/22/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/22/23.ARC 6955CIowa Finance Authority[265]Adopted and FiledRule making related to Iowa council on homelessness
The Iowa Finance Authority hereby amends Chapter 31, “Council on Homelessness,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 16.5.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 16.2D as amended by 2022 Iowa Acts, House File 2258.Purpose and Summary 2022 Iowa Acts, House File 2258, amended Iowa Code section 16.2D, which establishes the Iowa Council on Homelessness. The Iowa Code section describes the Council’s membership, operation, and duties. The legislation reduced the size of the Council from 38 members to 20 members and made the remaining agency director members nonvoting members. The amendments to the Iowa Code section changed the quorum and voting requirements and changed the membership of the nominating committee. The legislation also eliminated certain duties from Iowa Code section 16.2D. These amendments update Chapter 31 to reflect the changes to Iowa Code section 16.2D and make changes to rule 265—31.1(16) to improve the organization of the rule.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 11, 2023, as ARC 6818C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Authority on March 1, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 265—Chapter 18.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on April 26, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 265—31.1(16) as follows:265—31.1(16) OrganizationGeneral. 31.1(1) Locationand staff. a. The main office of the council is located at the offices of the Iowa finance authority, located at the address set forth in rule 265—1.3(16). Office hours for the council shall be 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. Written requests may be submitted to the council at this address. Information about the council is available at this website address: www.iowafinanceauthority.govwww.iowafinance.com. The council’s telephone numbers are: (515)725-4900 (general); 1-800-432-7230 (toll-free); 1-800-618-4718 (TTY); and (515)725-4901 (facsimile). b. Staff assistance and administrative support shall be provided by the Iowa finance authority as approved by the executive director. 31.1(2) Council members and staffComposition. The powers of the council are vested in and exercised by 38 voting20 members, 11 of whom are voting members and 9 of whom are nonvoting members. Voting members are appointed by the governor in accordance with Iowa Code section 16.2D. 31.1(3) Terms. The 2611 voting members selected from the general public shall each serve a two-year term. Terms shall be staggered so half of the voting members are appointed in one year and half are appointed in the year thereafter. 31.1(4) Board officers. Initially, the council shall, as soon as all members have been appointed, promptlyThe council shall annually elect a chairperson and a vice chairperson, both to a term not to exceed two years ending in Mayand may elect other officers as determined by the council. The chairperson and vice chairperson shall not both be either general public members or agency director members. Thereafter, the chairperson and vice chairperson positions shall rotate between agency director members and general public members so that the chairperson and vice chairperson shall not both be either general public members or agency director members at the same time. Staff assistance and administrative support shall be provided by the Iowa finance authority as approved by the executive director. 31.(3) 31.1(5) Council actionQuorum and voting requirements. A majority of theSeven voting members of the council shall constitute a quorum. Any action taken by the council must be adopted by an affirmative vote of a majority of its membershipthe quorum.The majority shall not include any member who has a conflict of interest, and a statement by a member who asserts a conflict of interest shall be conclusive for this purpose. 31.(4) 31.1(6) Meetings. Regular meetings of the council shall be held on the third Friday of the following months: January, March, May, July, September, and November, unless another time of meeting is designated by the council.The council shall meet at least six times per year. Meetings may also be held at the call of the chairperson or whenever a majority of the members so request. The council shall comply with the requirements of Iowa Code chapters 21 and 22. Interested parties are encouraged to attend and participate in council meetings where feasible. 31.(5) 31.1(7) Committees. The council shall form an executive committee consisting of the council’s chairperson, vice chairperson, and seven members, one of whom shall be the immediate past chairperson if a current member of the council. The chairperson shall appoint the remaining members of the executive committee. The executive committee shall be responsible for reviewing and making recommendations for amendments or changes to the internal rules of procedure. The executive committee shall carry out the business of the council between regularly scheduled council meetings. A majority of the members of the executive committee shall constitute a quorum. Any action taken by the executive committee must be adopted by an affirmative vote of a majority of its members.The council may form an executive committee comprised of not more than six voting members of the council. The membership and size of the committee as well as the terms of the committee members will be established annually by the council. The members of the executive committee may elect a member to serve as a chairperson. A majority of voting committee members constitutes a quorum. Any action taken by the committee must be adopted by an affirmative vote of a majority of its voting members. The chairperson of the council may appoint nonvoting members of the council to serve on the executive committee as nonvoting members. The executive committee will be responsible for reviewing and making recommendations for amendments or changes to the internal rules of procedure. The executive committee will carry out the business of the council between regularly scheduled council meetings. a. Nominating committee.The nominating committee shall initially consist of all 12 agency director members. Following the initial appointment of the general public members to the council, theThe council shall annually at its March meeting elect sixfive members, threeat least two of whom shall be agency directornonvoting members and threeat least two of whom shall be general publicvoting members. The chairperson of the council shall also be a voting member. The nominating committee shall nominate persons to the governor to fill the general publicvoting member positions when they become open. A majority of the members of the nominating committee shall constitute a quorum. Any action taken by the nominating committee must be adopted by an affirmative vote of a majority of its members. b. Other committees.Other committees may be assembled by the executive committeeThe council may establish other advisory committees and subcommittees comprised of members of the council to carry out various responsibilities of the council. A majority of thevoting members of such a committee shall constitute a quorum. Any action taken by a committee must be adopted by an affirmative vote of a majority of itsvoting members. c. Informal working groups.Informal working groups may be assembled from time to time by the chairperson for various tasks. ITEM 2. Amend rule 265—31.2(16) as follows:265—31.2(16) Duties of the council. The duties of the council shall be to:- Develop a process for evaluating state policies, programs, statutes, and rules to determine whether any state policies, programs, statutes, or rules should be revised to help prevent and alleviate homelessness.
- Evaluate whether state agency resources could be more efficiently coordinated with other state agencies to prevent and alleviate homelessness.
- Work to develop a coordinated and seamless service delivery system to prevent and alleviate homelessness.
- Use existing resources to identify and prioritize efforts to prevent persons from becoming homeless and to eliminate factors that keep people homeless.
- Identify and use federal and other funding opportunities to address and reduce homelessness within the state.
- 6Work to identify causes and effects of homelessness and increase awareness among policymakers and the general public.
- 7Advise the governor’s office, the Iowa finance authority, state agencies, and private organizations on strategies to prevent and eliminate homelessness.
- Make annual recommendations to the governor regarding matters which impact homelessness on or before September 15.
- 9Preparea point-in-time report on homelessness in Iowa and filethe report with the governor and the general assembly on or before the first day of December in each odd-numbered year a report on homelessness in Iowa.
- 10Assist in the completion of the state’s continuum of care application to the U.S. Department of Housing and Urban Development.
Rule making related to housing renewal pilot program
The Iowa Finance Authority hereby adopts new Chapter 47, “Housing Renewal Pilot Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 16.5.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, House File 2564.Purpose and Summary The purpose of this rule making is to implement 2022 Iowa Acts, House File 2564, division III, which created a Housing Renewal Pilot Program and Housing Renewal Program Fund within the Authority. The legislation authorized the Authority to allocate funds to a nonprofit Iowa affiliate that is to award grants to eligible participants. The legislation defined eligible activities for program funds as the acquisition, rehabilitation, and resale of ownership units; the acquisition and demolition of blighted structures; and the redevelopment of ownership units. The legislation also set forth additional requirements for the administration of the program and the use of funds. This rule making describes the operation of the program by defining relevant terms, establishing requirements related to agreements, and establishing a reporting requirement to assist with the preparation of the report required in division III of the legislation.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 11, 2023, as ARC 6819C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Authority on March 1, 2023.Fiscal Impact This rule making has no known fiscal impact to the State of Iowa beyond that of the legislation it is intended to implement. 2022 Iowa Acts, House File 2564, created a new General Fund appropriation for FY 2023. Division III of House File 2564 appropriated $500,000 to the Authority for the Housing Renewal Pilot Program. Division III also permitted the Authority to use no more than 5 percent of the moneys allocated to the Housing Renewal Pilot Program for administration and oversight of the program.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 265—Chapter 18.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on April 26, 2023. The following rule-making action is adopted:
ITEM 1. Adopt the following new 265—Chapter 47: CHAPTER 47HOUSING RENEWAL PILOT PROGRAM265—47.1(89GA,HF2564) Purpose. Pursuant to 2022 Iowa Acts, House File 2564, division III, a housing renewal program fund is established under the control of the Iowa finance authority. The authority shall provide moneys from the fund to a nonprofit Iowa affiliate to award grants under the program. Grantees shall use the funds for the purpose of investing in housing rehabilitation and redevelopment for resale to an income-qualified buyer who occupies the home as the buyer’s primary residence.265—47.2(89GA,HF2564) Definitions. "Authority" means the Iowa finance authority created in Iowa Code section 16.1A. "Eligible participant" means a city, a county, a consortium of local governments, or an organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code with whom a nonprofit affiliate elects to partner. "Grantee" means an eligible participant awarded a grant under the program. "Nonprofit Iowa affiliate" "nonprofit affiliate" means a nonprofit Iowa affiliate of a nonprofit international organization whose primary activity is the promotion of the construction, remodeling, or rehabilitation of one-family or two-family dwellings for use by low-income families. "Redevelopment" means activities including new construction of housing on vacant or demolished properties on infill lots or the conversion of property from a nonresidential use to housing. "Rehabilitation" means renovation, remodeling and repair of existing housing units for continued residential use.265—47.3(89GA,HF2564) Agreement. 47.3(1) The authority will prepare an agreement between the authority and the nonprofit affiliate. The agreement may include terms and conditions reasonably necessary for implementation of the program pursuant to this chapter and 2022 Iowa Acts, House File 2564. 47.3(2) Any substantive change to the nonprofit affiliate’s proposed uses of funds shall require an amendment to the agreement. Amendments shall be requested in writing. No amendment shall be valid until approved by the authority. 47.3(3) The nonprofit affiliate must prepare an agreement for each project approved for an award. The agreement will reflect the terms of the award and may include other terms and conditions reasonably necessary for implementation of the program pursuant to this chapter and 2022 Iowa Acts, House File 2564. The nonprofit affiliate and the grantee must execute an agreement before funds are disbursed by the nonprofit affiliate. The nonprofit affiliate must provide a copy of each agreement executed by the affiliate and a grantee to the authority within 30 days of execution.265—47.4(89GA,HF2564) Reporting. 47.4(1) The nonprofit affiliate must submit a report to the authority on or before November 30 of each year. 47.4(2) In addition to the requirements described in 2022 Iowa Acts, House File 2564, division III, the nonprofit affiliate must report on each of the following: a. A description of each grantee’s project and grantee’s progress toward completion of its projects. b. The sale price and sale closing date of each ownership unit. c. The income level of each homebuyer purchasing an ownership unit. d. The street address, city, zip code and county of each ownership unit. e. The amount of funds awarded to each grantee. f. The amount of funds expended by each grantee. g. The amount of funds obligated by each grantee. h. The amount of funds leveraged by each grantee. i. Any other information reasonably requested by the authority in sufficient detail to permit the authority to prepare any reports required by the authority, the general assembly or the governor’s office. These rules are intended to implement 2022 Iowa Acts, House File 2564, division III. [Filed 3/2/23, effective 4/26/23][Published 3/22/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/22/23.ARC 6953CPharmacy Board[657]Adopted and FiledRule making related to bronchodilator canisters, bronchodilator canisters and spacers, and opioid antagonists
The Board of Pharmacy hereby amends Chapter 3, “Pharmacy Technicians,” Chapter 6, “General Pharmacy Practice,” Chapter 8, “Universal Practice Standards,” Chapter 18, “Centralized Prescription Filling and Processing,” Chapter 21, “Electronic Data and Automated Systems in Pharmacy Practice,” and Chapter 39, “Expanded Practice Standards,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in 2022 Iowa Acts, House File 771.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, House Files 771, 2573, and 2169.Purpose and Summary These amendments implement changes to the Iowa Code made during the 2022 Legislative Session relating to licensed nurses engaging in the practice of nursing pursuant to a pharmacist’s order and the issuance of a prescription in the name of a school district to obtain a bronchodilator canister, a bronchodilator canister and spacer, or an opioid antagonist.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 30, 2022, as ARC 6696C. The Board received one public comment from the American Lung Association, which recommended adding the phrase “school district, accredited nonpublic school” wherever “patient” was identified as a required element for a prescription or prescription label. The Board determined that there are other groups for which a prescription can be issued in the name of the group (e.g., fire department, EMS, and law enforcement for an opioid antagonist) and that exceptions for these prescriptions are handled in the Board’s rules accordingly. To adjust the language as suggested would be an unnecessary deviation from the Board’s handling of non-patient-specific prescriptions in the narrowly authorized circumstances and could potentially lead to an inaccurate interpretation that any prescription drug could be issued in the name of a school district or accredited nonpublic school when that is not the case. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on February 28, 2023.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. The Board estimates that, under this rule making, approximately 400 registered nurses will no longer be required to annually obtain a pharmacy technician registration for the administration of vaccines or utilization of a Board-approved statewide protocol under the order of a pharmacist. As such, annual registration fees may be reduced by approximately $8,000.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on April 26, 2023. The following rule-making actions are adopted:
ITEM 1. Amend subrule 3.3(1) as follows: 3.3(1) Licensed health care provider. Except as provided in this rule, a licensed health care provider whose registration or license is in good standing with and not subject to current disciplinary sanctions or practice restrictions imposed by the licensee’s professional licensing board and who assists in the technical functions of the practice of pharmacy shall be required to register as a certified pharmacy technician or pharmacy technician trainee pursuant to these rules.A registered nurse licensed pursuant to Iowa Code chapter 152 or 152E who is engaged in the administration of immunizations and vaccinations and the utilization of statewide protocols pursuant to a pharmacist’s order is exempt from registration. ITEM 2. Amend paragraph 6.10(1)"c" as follows: c. The name of the patient or, if such drug is prescribed for an animal, the species of the animal and the name of its owner, except as provided in 657—subrule 8.19(7) for epinephrine auto-injectors, 657—subrule 8.19(8) for opioid antagonists, or657—subrule 8.19(9) for expedited partner therapy, or 657—subrule 8.19(10) for bronchodilator canisters or bronchodilator canisters and spacers. ITEM 3. Amend rule 657—8.19(124,126,155A) as follows:657—8.19(124,126,135,155A,280) Manner of issuance of a prescription drug or medication order. A prescription drug order or medication order that is issued prior to January 1, 2020, or that is exempt from the electronic prescription mandate pursuant to rule 657—21.8(124,155A) may be transmitted from a prescriber or a prescriber’s agent to a pharmacy in written form, orally including telephone voice communication, by facsimile transmission as provided in rule 657—21.7(124,155A), or by electronic transmission in accordance with applicable federal and state laws, rules, and regulations. Any prescription drug order or medication order provided to a patient in written or printed form shall include the original, handwritten signature of the prescriber except as provided in rule 657—21.6(124,155A). 8.19(1) Requirements for a prescription. A valid prescription drug order shall be based on a valid patient-prescriber relationship except as provided in subrule 8.19(7) for epinephrine auto-injectors,and in subrule 8.19(8) for opioid antagonists, or subrule 8.19(10) for bronchodilator canisters or bronchodilator canisters and spacers. a. Written, electronic, or facsimile prescription.In addition to the electronic prescription application and pharmacy prescription application requirements of this rule, a written, electronic, or facsimile prescription shall include: (1) The date issued. (2) The name and address of the patient except as provided in subrule 8.19(7) for epinephrine auto-injectors, subrule 8.19(8) for opioid antagonists, orsubrule 8.19(9) for expedited partner therapy, or subrule 8.19(10) for bronchodilator canisters or bronchodilator canisters and spacers. (3) The name, strength, and quantity of the drug or device prescribed. (4) The name and address of the prescriber and, if the prescription is for a controlled substance, the prescriber’s DEA registration number. (5) The written or electronic signature of the prescriber. b. Written prescription.In addition to the requirements of paragraph 8.19(1)“a,” a written prescription shall be manually signed, with ink or indelible pencil, by the prescriber. The requirement for manual signature shall not apply when an electronically prepared and signed prescription for a noncontrolled substance is printed on security paper as provided in 657—paragraph 21.6(2)“b.” c. Facsimile prescription.In addition to the requirements of paragraph 8.19(1)“a,” a prescription transmitted via facsimile shall include: (1) The identification number of the facsimile machine used to transmit the prescription to the pharmacy. (2) The time and date of transmission of the prescription. (3) The name, address, telephone number, and facsimile number of the pharmacy to which the prescription is being transmitted. (4) If the prescription is for a controlled substance and in compliance with DEA regulations, the manual signature of the prescriber. d. Electronic prescription.In addition to the requirements of paragraph 8.19(1)“a,” an electronically prepared prescription for a controlled or noncontrolled prescription drug or device that is electronically transmitted to a pharmacy shall include the prescriber’s electronic signature, except as provided herein. (1) An electronically prepared prescription for a controlled substance that is printed out or faxed by the prescriber or the prescriber’s agent shall be manually signed by the prescriber. (2) The prescriber shall ensure that the electronic prescription application used to prepare and transmit the electronic prescription complies with applicable state and federal laws, rules, and regulations regarding electronic prescriptions. (3) The prescriber or the prescriber’s agent shall provide verbal verification of an electronic prescription upon the request of the pharmacy. (4) An electronic prescription for a noncontrolled prescription drug or device that is transmitted by an authorized agent shall not be required to contain the prescriber’s electronic signature. 8.19(2) Verification. The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of any prescription drug order or medication order consistent with federal and state laws, rules, and regulations. In exercising professional judgment, the prescriber and the pharmacist shall take adequate measures to guard against the diversion of prescription drugs and controlled substances through prescription forgeries. 8.19(3) Transmitting agent. The prescriber may authorize an agent to transmit to the pharmacy a prescription drug order or medication order orally, by facsimile transmission, or by electronic transmission provided that the first and last names and title of the transmitting agent are included in the order. a. New order.A new written or electronically prepared and transmitted prescription drug or medication order shall be manually or electronically signed by the prescriber, except as provided in paragraph 8.19(1)“d.” If transmitted by the prescriber’s agent, the first and last names and title of the transmitting agent shall be included in the order. If the prescription is for a controlled substance and is written or printed from an electronic prescription application, the prescription shall be manually signed by the prescriber. An electronically prepared prescription shall not be electronically transmitted to the pharmacy if the prescription has been printed prior to the electronic transmission. An electronically prepared and electronically transmitted prescription that is printed following the electronic transmission shall be clearly labeled as a copy, not valid for dispensing. b. Refill order or renewal order.An authorization to refill a prescription drug or medication order, or to renew or continue an existing drug therapy, may be transmitted to professional pharmacy staff through oral communication, in writing, by facsimile transmission, or by electronic transmission initiated by or directed by the prescriber. (1) If the transmission is completed by the prescriber’s agent and the first and last names and title of the transmitting agent are included in the order, the prescriber’s signature is not required on the fax or alternate electronic transmission. (2) If the order differs in any manner from the original order, such as a change of the drug strength, dosage form, or directions for use, the prescriber shall sign the order as provided by paragraph 8.19(3)“a.” 8.19(4) Receiving agent. Regardless of the means of transmission to a pharmacy, only professional pharmacy staff shall be authorized to receive a new prescription drug or medication order from a prescriber or the prescriber’s agent. A technician trainee may receive a refill or renewal order from a prescriber or the prescriber’s agent only if the technician’s supervising pharmacist has authorized that function. 8.19(5) Legitimate purpose. The pharmacy and professional pharmacy staff shall ensure that the prescription drug or medication order, regardless of the means of transmission, has been issued for a legitimate medical purpose by a prescriber acting in the usual course of the prescriber’s professional practice. A pharmacist shall not dispense a prescription drug if the pharmacist knows or should have known that the prescription was issued solely on the basis of an Internet-based questionnaire. 8.19(6) Refills. A refill is one or more dispensings of a prescription drug or device that result in the patient’s receipt of the quantity authorized by the prescriber for a single fill as indicated on the prescription drug order. a. Noncontrolled prescription drug or device.A prescription for a prescription drug or device that is not a controlled substance may authorize no more than 12 refills within 18 months following the date on which the prescription is issued. b. Controlled substance.A prescription for a Schedule III, IV, or V controlled substance may authorize no more than 5 refills within 6 months following the date on which the prescription is issued. 8.19(7) Epinephrine auto-injector prescription issued to school or facility. A physician, an advanced registered nurse practitioner, or a physician assistant may issue a prescription for one or more epinephrine auto-injectors in the name of a facility as defined in Iowa Code subsection 135.185(1), a school district, or an accredited nonpublic school. The prescription shall comply with all requirements of subrule 8.19(1) as applicable to the form of the prescription except that the prescription shall be issued in the name and address of the facility, the school district, or the accredited nonpublic school in lieu of the name and address of a patient. Provisions requiring a preexisting patient-prescriber relationship shall not apply to a prescription issued pursuant to this subrule. a. The pharmacy’s patient profile and record of dispensing of a prescription issued pursuant to this subrule shall be maintained in the name of the facility, school district, or accredited nonpublic school to which the prescription was issued and the drug was dispensed. b. The label affixed to an epinephrine auto-injector dispensed pursuant to this subrule shall identify the name of the facility, school district, or accredited nonpublic school to which the prescription is dispensed. 8.19(8) Opioid antagonist prescription issued to law enforcement, fire department, or service program, or school district. A physician, an advanced registered nurse practitioner, or a physician assistant may issue a prescription for one or more opioid antagonists in the name of a law enforcement agency, fire department, or service program pursuant to Iowa Code section 147A.18 and rule 657—39.7(135,147A), or in the name of a school district pursuant to Iowa Code section 135.190 and rule 657—39.7(135,147A). The prescription shall comply with all requirements of subrule 8.19(1) as applicable to the form of the prescription except that the prescription shall be issued in the name and address of the law enforcement agency, fire department, or service program, or school district in lieu of the name and address of a patient. Provisions requiring a preexisting patient-prescriber relationship shall not apply to a prescription issued pursuant to this subrule. a. The pharmacy’s patient profile and record of dispensing of an opioid antagonist pursuant to this subrule shall be maintained in the name of the law enforcement agency, fire department, or service program, or school district to which the prescription was issued and the drug was dispensed. b. The label affixed to an opioid antagonist dispensed pursuant to this subrule shall identify the name of the law enforcement agency, fire department, or service program, or school district to which the prescription is dispensed and shall be affixed such that the expiration date of the drug is not rendered illegible. 8.19(9) Expedited partner therapy. Pursuant to Iowa Code section 139A.41, a physician, physician assistant, or advanced registered nurse practitioner may issue a prescription to one or more sexual partners of an infected patient for an oral antibiotic intended to treat a sexually transmitted chlamydia or gonorrhea infection. The prescription shall comply with all requirements of subrule 8.19(1) as applicable to the form of the prescription except that the prescription shall not be required to contain the patient name and address. The prescription shall indicate the antibiotic is being issued for the purpose of expedited partner therapy. Provisions requiring a preexisting patient-prescriber relationship shall not apply to a prescription issued pursuant to this subrule. 8.19(10) Bronchodilator canister or bronchodilator canister and spacer prescription issued to a school district or accredited nonpublic school. A physician, an advanced registered nurse practitioner, or a physician assistant may issue a prescription for one or more bronchodilator canisters or bronchodilator canisters and spacers in the name of a school district or accredited nonpublic school pursuant to Iowa Code section 280.16A. The prescription shall comply with all requirements of subrule 8.19(1) as applicable to the form of the prescription except that the prescription shall be issued in the name and address of the school district or accredited nonpublic school in lieu of the name and address of a patient. Provisions requiring a preexisting patient-prescriber relationship shall not apply to a prescription issued pursuant to this subrule. a. The pharmacy’s patient profile and record of dispensing of a bronchodilator canister or bronchodilator canister and spacer pursuant to this subrule shall be maintained in the name of the school district or accredited nonpublic school to which the prescription was issued and the drug was dispensed. b. The label affixed to a bronchodilator canister or bronchodilator canister and spacer dispensed pursuant to this subrule shall identify the name of the school district or accredited nonpublic school to which the prescription is dispensed and shall be affixed such that the expiration date of the drug is not rendered illegible. ITEM 4. Amend paragraph 18.3(4)"d" as follows: d. The name of the patient or, if such drug is prescribed for an animal, the species of the animal and the name of its owner, except as provided in 657—subrule 8.19(7) for epinephrine auto-injectors, 657—subrule 8.19(8) for opioid antagonists, or657—subrule 8.19(9) for expedited partner therapy, or 657—subrule 8.19(10) for bronchodilator canisters or bronchodilator canisters and spacers. ITEM 5. Amend paragraph 21.8(1)"h" as follows: h. A prescription issued for an opioid antagonist pursuant to Iowa Code section 135.190,or a prescription issued for epinephrine pursuant to Iowa Code section 135.185, or a prescription issued for a bronchodilator canister or bronchodilator canister and spacer pursuant to Iowa Code section 280.16A. ITEM 6. Amend subrule 39.7(1), definition of “Person in a position to assist,” as follows: "Person in a position to assist" means a family member, friend, caregiver, health care provider, employee of a substance abuse treatment facility,school employee, or other person who may be in a position to render aid to a person at risk of experiencing an opioid-related overdose. [Filed 2/28/23, effective 4/26/23][Published 3/22/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/22/23.ARC 6952CProfessional Licensure Division[645]Adopted and FiledRule making related to licensure and continuing education
The Board of Cosmetology Arts and Sciences hereby amends Chapter 60, “Licensure of Cosmetologists, Electrologists, Estheticians, Manicurists, Nail Technologists, and Instructors of Cosmetology Arts and Sciences,” and Chapter 64, “Continuing Education for Cosmetology Arts and Sciences,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 147.76, 157.14 and 272C.16.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 147 and 157 and section 272C.16.Purpose and Summary This rule making changes the process of applying for endorsement by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant most recently held a license and disclose public or pending complaints in any other jurisdiction. These amendments remove the name and website of the examination administrator and update the definition of “independent study” by removing the requirement for a posttest.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 16, 2022, as ARC 6662C. A public hearing was held on December 7, 2022, at 8:30 a.m. in the Fifth Floor Conference Room 526, Lucas State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on February 20, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on April 26, 2023. The following rule-making actions are adopted:
ITEM 1. Amend subparagraph 60.2(1)"f" as follows: (1) The applicant shall submit the test registration fee directly to the test service PSI at www.psiexams.com. NIC examinations are administered according to guidelines set forth by the National-Interstate Council of State Boards of Cosmetology. ITEM 2. Amend subrule 60.7(2), introductory paragraph, as follows: 60.7(2) Applicants shall provide verification of license(s)license in a cosmetology practice discipline from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes: ITEM 3. Amend subrule 60.17(3) as follows: 60.17(3) Provide verification of current competence to practice cosmetology arts and sciences by satisfying one of the following criteria: a. If the license has been on inactive status for five years or less, an applicant must provide the following: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:- Licensee’s name;
- Date of initial licensure;
- Current licensure status; and
- Any disciplinary action taken against the license; and
- Licensee’s name;
- Date of initial licensure;
- Current licensure status; and
- Any disciplinary action taken against the license; and
Rule making related to local government services division
The Revenue Department hereby amends Chapter 102, “Assessment Practices and Equalization,” Chapter 103, “Examination and Certification of Assessors and Deputy Assessors,” and Chapter 111, “Administration,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 421.14.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 421.2.Purpose and Summary This rule making removes references to the “property tax division” and replaces them with “local government services division” to reflect the current name of the internal division.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 7, 2022, as ARC 6494C. No public comments were received. This rule making has been updated to reflect changes to the Department’s rules numbering that occurred between the Notice of Intended Action and this Adopted and Filed rule making. Chapters 71, 72, and 122 were renumbered as Chapters 102, 103, and 111, respectively. Additionally, the changes to subrule 6.1(2) and paragraphs 70.6(1)“b” and 78.6(1)“b” are no longer necessary due to that renumbering. As such, those items have not been adopted, and the remaining items have been renumbered.Adoption of Rule Making This rule making was adopted by the Department on March 3, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 701—7.28(17A).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on April 26, 2023. The following rule-making actions are adopted:
ITEM 1. Amend subrule 102.14(2) as follows: 102.14(2) Conduct of hearing. The department shall schedule each hearing so as to allow the same amount of time within which each assessing jurisdiction can make its presentation. During the hearing each assessing jurisdiction shall be afforded the opportunity to present evidence relevant to its protest. The division administrator for the property taxlocal government services division shall act as the department’s representative. The department’s representative shall preside at the hearing, which shall be held at the time and place designated by the department or such other time and place as may be mutually agreed upon by the department and the protesting assessing jurisdiction. ITEM 2. Amend subrule 103.18(8) as follows: 103.18(8) Review of examination. Persons who have taken a course examination may, after presenting proper identification, review their examinations in the office of the department’s property taxlocal government services division within 60 days after the date the examination has been administered. The review shall consist only of examining the person’s own answer sheet and the question book. Persons reviewing their examinations shall not be permitted to take notes or otherwise transcribe information during this review, nor shall they have access to the answers to questions contained in the examination. Persons who review their examinations shall be permitted to do so only once, and shall not be eligible to take the same examination for a period of at least 30 days following the date of the review of the examinations. ITEM 3. Amend rule 701—111.2(441) as follows:701—111.2(441) General operation. The chairperson of the committee shall be the director. The director shall appoint to the committee a representative of the property taxlocal government services division of the department of revenue and two assessor representatives. The assessor representatives shall serve four-year staggered terms. To initiate the staggered-term policy, one assessor shall serve through December 31, 2009, and the other assessor shall serve through December 31, 2011. The committee will meet at least once each year. This rule is intended to implement Iowa Code section 441.8. [Filed 3/3/23, effective 4/26/23][Published 3/22/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/22/23.ARC 6957CSoil Conservation and Water Quality Division[27]Adopted and FiledRule making related to meetings
The Soil Conservation and Water Quality Division hereby amends Chapter 2, “Operation of State Soil Conservation and Water Quality Committee,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 161A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 161A.4.Purpose and Summary This rule making changes the frequency of meetings by the State Soil Conservation and Water Quality Committee from monthly to quarterly. The Committee voted to advance the Notice of Intended Action at its meeting on October 6, 2022.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 11, 2023, as ARC 6817C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Division on March 2, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any, pursuant to 27—Chapter 8.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on April 26, 2023. The following rule-making action is adopted:
ITEM 1. Amend rule 27—2.2(161A) as follows:27—2.2(161A) Time of meetings. The committee meets monthly, generally the first Thursday of each monthquarterly. The chairperson or a majority of the committee may establish meetings at more frequent intervals. [Filed 3/2/23, effective 4/26/23][Published 3/22/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/22/23.