Administrative rules review committee 2074

ALL AGENCIES

Schedule for rule making 2072

Publication procedures 2073

Agency identification numbers 2080

ARCHITECTURAL EXAMINING BOARD[193B]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Professional conduct; waivers or variances
from rules, 4.1(7), ch 9 ARC 8011A 2082

Filed, Registration; discipline, 1.5, 2.2, 2.3(2),
5.3, 5.18, 5.24 ARC 8010A 2107

ATTORNEY GENERAL

Opinions summarized 2121

CITATION OF ADMINISTRATIVE RULES 2071

CRIMINAL AND JUVENILE JUSTICE
PLANNING DIVISION[428]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Notice, Juvenile crime prevention community
grant fund, 4.3, 4.4, 4.7 ARC 8013A 2083

DENTAL EXAMINERS BOARD[650]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Notice, Dental hygienists--local anesthesia,
1.1 ARC 8015A 2084

Notice, Dental hygienists--administration of
local anesthesia and monitoring of nitrous
oxide analgesia, 10.3 ARC 8016A 2084

Notice, Dental hygienists--permit for administration
of local anesthesia, 11.10 ARC 8017A 2085

Notice, Dental hygienists--fee for permit to
administer local anesthesia, 15.1, 15.2
ARC 8018A 2085

Notice, Dental assistants--expanded functions,
20.2(3), 20.3 to 20.6 ARC 8019A 2086

Filed, Deep sedation/general anesthesia, conscious
sedation and nitrous oxide inhalation
analgesia, 29.1 to 29.13 ARC 8014A 2108

ENERGY AND GEOLOGICAL RESOURCES
DIVISION[565]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Filed, Energy bank program, 6.1, 6.6
ARC 8028A 2110

ENVIRONMENTAL PROTECTION
COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Notice, Coal combustion residue landfills,
103.7 ARC 8026A 2086

Filed, Revolving fund loans for wastewater
treatment, 92.3 to 92.8, 92.10
ARC 8027A 2111

HUMAN SERVICES DEPARTMENT[441]

Notice, Managed health care providers, ch 88
preamble; rescind divisions IV and V; adopt
division IV ARC 8008A 2088

INDUSTRIAL SERVICES DIVISION[873]

WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"

Filed, Telephone number; withdrawal of counsel;
duplication of medical records, 1.2, 4.9(8),
8.9 ARC 8025A 2113

INTEREST RATES--PUBLIC FUNDS 2102

LANDSCAPE ARCHITECTURAL EXAMINING
BOARD[193D]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Waivers or variances from rules,
ch 7 ARC 8009A 2096

LIVESTOCK HEALTH ADVISORY COUNCIL[521]

Notice, Annual appropriation, ch 1
ARC 8029A 2097

PHARMACY EXAMINERS BOARD[657]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Notice, Reexamination--multistate pharmacy
jurisprudence examination, Iowa Edition
(MPJE-IA), 2.4, 2.10(1), 2.12 ARC 7996A 2098

PHARMACY EXAMINERS BOARD[657] (Cont'd)

Notice, Reciprocal licensure--MPJE-IA,
5.4 ARC 7995A 2098

Notice, Continuing education--MPJE-IA,
8.7(7) ARC 7997A 2099

Notice, Revocation--MPJE-IA, 9.23
ARC 7998A 2099

Notice, Automated data processing system--
controlled substances, 10.13, 21.11
ARC 7999A 2100

Filed, Pharmacy technicians, 6.10 ARC 8000A 2113

Filed, Hospital pharmacy records--controlled
substances, 7.13 ARC 8001A 2114

Filed, Patient med pak, 8.13(1) ARC 8002A 2114

Filed, Controlled substances prescriptions, 10.13,
10.14 ARC 8003A 2114

Filed, Data, records, and information, 14.14,
14.16 ARC 8004A 2115

Filed, Reference library, 15.3, 15.7
ARC 8005A 2116

Filed, Wholesale drug licenses--controlled
substances, 17.11(2) ARC 8006A 2117

Filed, Pharmacy technicians--new telephone
prescription drug orders, 22.15 ARC 8007A 2117

Filed, Impaired pharmacy professional and
technician recovery program, ch 30
ARC 8012A 2117

PUBLIC HEARINGS

Summarized list 2077

REVENUE AND FINANCE DEPARTMENT[701]

Filed, Federal income tax deduction, 53.12(1)
ARC 8030A 2120

SECRETARY OF STATE[721]

Notice Terminated, Constitutional amendment,
21.200(4) ARC 8024A 2101

Notice, Constitutional amendment, 21.200(5)
ARC 8022A 2101

Notice, Local sales and services taxes for school
infrastructure projects, 21.803 ARC 8020A 2102

Filed Emergency, Local election ordinances by
cities and counties, rescind 21.30 and 21.31
ARC 8021A 2104

Filed Emergency, Local sales and services taxes for
school infrastructure projects, 21.803
ARC 8023A 2104

TREASURER OF STATE

Notice--Public funds interest rates 2102

It also contains Proclamations and Executive Orders of the Governor which are general and permanent in nature; Economic Impact Statements to proposed rules and filed emergency rules; Objections filed by Administrative Rules Review Committee, Governor or the Attorney General; and Delay by the Committee of the effective date of filed rules; Regulatory Flexibility Analyses and Agenda for monthly Administrative Rules Review Committee meetings. Other "materials deemed fitting and proper by the Administrative Rules Review Committee" include summaries of Public Hearings, Attorney General Opinions and Supreme Court Decisions.

The Bulletin may also contain Public Funds Interest Rates [12C.6]; Workers' Compensation Rate Filings [515A.6(7)]; Usury [535.2(3)"a"]; Agricultural Credit Corporation Maximum Loan Rates [535.12]; and Regional Banking--Notice of Application and Hearing [524.1905(2)].

PLEASE NOTE: Italics indicate new material added to existing rules; strike through letters indicate deleted material.

KATHLEEN K. BATES, Administrative Code Editor Telephone: (515)281-3355

ROSEMARY DRAKE, Assistant Editor (515)281-7252

First quarter July 1, 1997, to June 30, 1998 $237.00 plus $11.85 sales tax

Second quarter October 1, 1997, to June 30, 1998 $178.00 plus $8.90 sales tax

Third quarter January 1, 1998, to June 30, 1998 $118.00 plus $5.90 sales tax

Fourth quarter April 1, 1998, to June 30, 1998 $ 60.00 plus $3.00 sales tax

Single copies may be purchased for $17.50 plus $0.88 tax. Back issues may be purchased if the issues are available.

Prices for the Iowa Administrative Code and its Supplements are as follows:

Iowa Administrative Code - $1,086.00 plus $54.30 sales tax

(Price includes 22 volumes of rules and index, plus a one-year subscription to the Code Supplement and the Iowa Administrative Bulletin. Additional or replacement binders can be purchased for $10.55 plus $0.53 tax.)

Iowa Administrative Code Supplement - $382.00 plus $19.10 sales tax

(Subscription expires June 30, 1998)

All checks should be made payable to the Iowa State Printing Division. Send all inquiries and subscription orders to:

Customer Service Center

Department of General Services

Hoover State Office Building, Level A

Des Moines, IA 50319

Telephone: (515)242-5120

PRINTING SCHEDULE FOR IAB
ISSUE NUMBER	SUBMISSION DEADLINE	ISSUE DATE
26	Friday, May 29, 1998	June 17, 1998
1	Friday, June 12, 1998	July 1, 1998
2	Friday, June 26, 1998	July 15, 1998

PLEASE NOTE:

Rules will not be accepted after 12 o'clock noon on the Friday filing deadline days unless prior approval has been received from the Administrative Rules Coordinator's office.

If the filing deadline falls on a legal holiday, submissions made on the following Monday will be accepted.

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

The Administrative Code Division uses Interleaf 6 to publish the Iowa Administrative Bulletin and can import documents directly from most other word processing systems, including Ami Pro, Microsoft Word, Professional Write, Word for Windows (Word 7 or earlier), and WordPerfect.

1. To facilitate the processing of rule-making documents, we request a 3.5" High Density (not Double Density) IBM PC-compatible diskette of the rule making. Please indicate on each diskette the following information: agency name, file name, format used for exporting, and chapter(s) amended. Diskettes may be delivered to the Administrative Code Division, 4th Floor, Lucas State Office Building or included with the documents submitted to the Governor's Administrative Rules Coordinator.

2. Alternatively, if you have Internet E-mail access, you may send your document as an attachment to an E-mail message, addressed to both of the following:

bcarr@legis.state.ia.us

kbates@legis.state.ia.us

Please note that changes made prior to publication of the rule-making documents are reflected on the hard copy returned to agencies by the Governor's office; diskettes are returned unchanged.

Your cooperation helps us print the Bulletin more quickly and cost-effectively than was previously possible and is greatly appreciated.

The Administrative Rules Review Committee voted to request that Agencies comply with Iowa Code section 17A.4(1)"b" by allowing the opportunity for oral presentation (hearing) to be held at least twenty days after publication of Notice in the Iowa Administrative Bulletin.

CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION[428]
Juvenile crime prevention community grant fund, 4.3, 4.4, 4.7 IAB 5/20/98 ARC 8013A	Hearing Room 2 Lucas State Office Bldg. Des Moines, Iowa	June 10, 1998 9:30 a.m.
DENTAL EXAMINERS BOARD[650]
Dental hygienists--local anesthesia, 1.1 IAB 5/20/98 ARC 8015A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	June 17, 1998 1 p.m.
Dental hygienists--administration of local anesthesia and monitoring of nitrous oxide analgesia, 10.3 IAB 5/20/98 ARC 8016A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	June 17, 1998 1 p.m.
Dental hygienists--permit to administer local anesthesia, 11.10 IAB 5/20/98 ARC 8017A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	June 17, 1998 1 p.m.
Dental hygienists--fees for permits to administer local anesthesia, 15.1, 15.2 IAB 5/20/98 ARC 8018A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	June 17, 1998 1 p.m.
Dental assistants--coronal polishing and expanded functions, 20.2(3), 20.3 to 20.6 IAB 5/20/98 ARC 8019A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	June 17, 1998 2 p.m.
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
Enterprise zones, 59.2, 59.3(3)"a," 59.5(1), 59.7, 59.8(1), 59.9, 59.10 IAB 5/6/98 ARC 7983A	IDED Main Conference Room 200 E. Grand Ave. Des Moines, Iowa	May 27, 1998 1:30 p.m.
EDUCATION DEPARTMENT[281]
Nonschool team participation, 36.15(7) IAB 5/6/98 ARC 7977A	State Board Room Grimes State Office Bldg. Des Moines, Iowa	May 26, 1998 1 to 3 p.m.
ENVIRONMENTAL PROTECTION COMMISSION[567]
Waste incinerators and combustors, 22.1(2), 22.101(2), 23.1, 25.1(10) IAB 5/6/98 ARC 7994A	East Conference Room Air Quality Bureau 7900 Hickman Rd., Suite 1 Urbandale, Iowa	May 26, 1998 1 p.m.
Coal combustion residue landfills, 103.7 IAB 5/20/98 ARC 8026A	Conference Room--5th Floor Wallace State Office Bldg. Des Moines, Iowa	June 11, 1998 1:30 p.m.
HUMAN SERVICES DEPARTMENT[441]
Iowa plan for behavioral health, Rescind ch 88, divisions IV, V; adopt ch 88, division IV IAB 5/20/98 ARC 8008A	Conference Room--6th Floor Iowa Bldg., Suite 600 411 Third St. S.E. Cedar Rapids, Iowa	June 11, 1998 10 a.m.
	Administrative Conference Room 417 E. Kanesville Blvd. Council Bluffs, Iowa	June 10, 1998 9 a.m.
	Large Conference Room--5th Floor Bicentennial Bldg. 428 Western Davenport, Iowa	June 10, 1998 10 a.m.
	Conference Room 104 City View Plaza 1200 University Des Moines, Iowa	June 11, 1998 9 a.m.
	Liberty Room Mohawk Square 22 N. Georgia Ave. Mason City, Iowa	June 10, 1998 2 p.m.
	Conference Room 2 120 E. Main Ottumwa, Iowa	June 12, 1998 10 a.m.
	Fifth Floor 520 Nebraska St. Sioux City, Iowa	June 11, 1998 1 p.m.
	Conference Room 420 Pinecrest Office Bldg. 1407 Independence Ave. Waterloo, Iowa	June 10, 1998 9 a.m.
LIVESTOCK HEALTH ADVISORY COUNCIL[521]
Annual appropriation, ch 1 IAB 5/20/98 ARC 8029A	Room 2507 College of Veterinary Medicine Iowa State University Ames, Iowa	June 18, 1998 10 a.m.
PROFESSIONAL LICENSURE DIVISION[645]
Funeral directors, 100.9(1), 100.10(3), 100.11, 101.1(3), 101.2 to 101.7, 101.98, 101.101, 101.102, 101.103(2), 101.200, 101.212 to 101.215 IAB 5/6/98 ARC 7988A	Conference Room--4th Floor Side 1 Lucas State Office Bldg. Des Moines, Iowa	May 27, 1998 3:00 to 4:30 p.m.
Social work examiners, 280.2, 280.3, 280.4(1), 280.8 IAB 5/6/98 ARC 7987A	Conference Room--4th Floor Side 1 Lucas State Office Bldg. Des Moines, Iowa	May 27, 1998 9 to 11 a.m.
PUBLIC HEALTH DEPARTMENT[641]
Reportable diseases, 1.2(1)"a" IAB 5/6/98 ARC 7990A	Conference Room--3rd Floor Side 1 Lucas State Office Bldg. Des Moines, Iowa	May 27, 1998 10 a.m.
Approval of confirmatory laboratories for private sector drug-free workplace testing, ch 12 IAB 5/6/98 ARC 7981A	Conference Room--3rd Floor Lucas State Office Bldg. Des Moines, Iowa	May 27, 1998 1:30 p.m.
RACING AND GAMING COMMISSION[491]
Thoroughbred racing--Lasix, 10.6 IAB 5/6/98 ARC 7984A	Suite B 717 E. Court Ave. Des Moines, Iowa	May 26, 1998 9 a.m.
SECRETARY OF STATE[721]
Constitutional amendment, 21.200(5) IAB 5/20/98 ARC 8022A	Office of the Secretary of State Second Floor Hoover State Office Bldg. Des Moines, Iowa	June 9, 1998 1:30 p.m.
Local sales and services tax elections for school infrastructure projects, 21.803 IAB 5/20/98 ARC 8020A (See also ARC 8023A herein)	Office of the Secretary of State Second Floor Hoover State Office Bldg. Des Moines, Iowa	June 9, 1998 2 p.m.
UTILITIES DIVISION[199]
Energy efficiency plans and standards, 35.1 to 35.9 IAB 5/6/98 ARC 7986A	Utilities Board Hearing Room 350 Maple St. Des Moines, Iowa	June 18, 1998 10 a.m.

CITATION of Administrative Rules

The Iowa Administrative Code shall be cited as (agency identification number) IAC
(chapter, rule, subrule, lettered paragraph, or numbered subparagraph).

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)"a" (Paragraph)

441 IAC 79.1(1)"a"(1) (Subparagraph)

The Iowa Administrative Bulletin shall be cited as IAB (volume), (number), (publication
date), (page number), (ARC number).

IAB Vol. XII, No. 23 (5/16/90) p. 2050, ARC 872A

"Umbrella" agencies and elected officials are set out below at the left-hand margin in CAPITAL letters.

Divisions (boards, commissions, etc.) are indented and set out in lowercase type under their statutory "umbrellas."

Other autonomous agencies which were not included in the original reorganization legislation as "umbrella" agencies are included alphabetically in small capitals at the left-hand margin, e.g., BEEF INDUSTRY COUNCIL, IOWA[101].

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

BEEF INDUSTRY COUNCIL, IOWA[101]

BLIND, DEPARTMENT FOR THE[111]

CITIZENS' AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

EGG COUNCIL[301]

ELDER AFFAIRS DEPARTMENT[321]

EMPLOYMENT SERVICES DEPARTMENT[341]

Job Service Division[345]

Labor Services Division[347]

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

EXECUTIVE COUNCIL[361]

FAIR BOARD[371]

GENERAL SERVICES DEPARTMENT[401]

HUMAN INVESTMENT COUNCIL[417]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

Status of Blacks Division[434]

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

INTERNATIONAL NETWORK ON TRADE (INTERNET)[497]

LAW ENFORCEMENT ACADEMY[501]

LIVESTOCK HEALTH ADVISORY COUNCIL[521]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NARCOTICS ENFORCEMENT ADVISORY COUNCIL[551]

NATIONAL AND COMMUNITY SERVICE, IOWA COMMISSION ON[555]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board[575]

PERSONNEL DEPARTMENT[581]

PETROLEUM UNDERGROUND STORAGE TANK FUND
BOARD, IOWA COMPREHENSIVE[591]

PREVENTION OF DISABILITIES POLICY COUNCIL[597]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

RECORDS COMMISSION[671]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

SEED CAPITAL CORPORATION, IOWA[727]

SESQUICENTENNIAL COMMISSION, IOWA STATEHOOD[731]

SHEEP AND WOOL PROMOTION BOARD, IOWA[741]

TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

UNIFORM STATE LAWS COMMISSION[791]

VETERANS AFFAIRS COMMISSION[801]

VETERINARY MEDICINE BOARD[811]

VOTER REGISTRATION COMMISSION[821]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Industrial Services Division[873]

Labor Services Division[875]

Workforce Development Board and
Workforce Development Center Administration Division[877]

Pursuant to the authority of Iowa Code section 544A.29, the Iowa Architectural Examining Board hereby gives Notice of Intended Action to amend Chapter 4, "Rules of Conduct," and to adopt Chapter 9, "Waivers or Variances from Rules," Iowa Administrative Code.

The amendment to Chapter 4 allows the board to take disciplinary action against a registrant for failure to respond to board communication. New Chapter 9 allows the board to consider a waiver or variance from administrative rules, provides registrants with the procedures necessary to request a waiver or variance and outlines the board's responsibilities when a request is submitted.

Consideration will be given to all written suggestions or comments on the proposed amendments received on or before June 9, 1998. Comments should be addressed to Glenda Loving, Architectural Examining Board, 1918 S.E. Hulsizer, Ankeny, Iowa 50021, or faxed to (515)281-7411. E-mail may be sent to glenda.loving@comm7.state.ia.us.

These amendments are intended to implement Iowa Code chapters 17A and 544A.

The following amendments are proposed.

ITEM 1. Adopt new subrule 4.1(7) as follows:

4.1(7) Communications. An architect shall, when requested, respond to communications from the board within 30 days of the mailing of such communication by certified mail. Failure to respond to such communication may be grounds for disciplinary action against the architect.

ITEM 2. Adopt new 193B--Chapter 9 as follows:

9.1(1) Board's authority. The board may grant a waiver of, or variance from, all or part of a rule, upon the criteria described in rule 9.2(544A).

9.1(2) Compliance with statute. No waiver or variance may be granted from a requirement which is imposed by statute. Any waiver or variance must be consistent with statute.

193B--9.2(544A) Criteria. A waiver or variance under this chapter may be granted only upon showing that:

1. Substantially equal protection of health, safety and welfare will be afforded by a means other than that prescript in the particular rule for which the variance or waiver is requested;

2. The waiver or variance will not harm other persons or will not adversely affect the public interest;

3. Because of the circumstances, either the requester is unable to comply with the particular rule without undue hardship or compliance with the particular rule would be unnecessarily and unreasonably costly and serve no public benefit; and

4. Provision of a waiver or variance under the circumstances would not adversely impact an overall goal of uniform treatment of all licensees.

193B--9.3(544A) Request. A request for a waiver or variance must be submitted in writing to the board as follows:

9.3(1) License application. If the request relates to a license application, the request shall be made in accordance with the filing requirements for the license in question.

9.3(2) Contested case. If the request relates to a pending contested case, the request shall be filed in the contested case proceeding.

9.3(3) Other. If the request does not relate to a license application or a pending contested case, the request may be submitted to the board's executive secretary.

193B--9.4(544A) Elements. A request for waiver or variance shall include the following information where applicable:

1. The name, address, and telephone number of the person requesting the waiver or variance and the person's representative, if any.

2. The specific rule from which a waiver or variance is requested.

3. The nature of the waiver or variance requested, including any alternative means or other proposed condition or modification proposed to achieve the purpose of the rule.

4. An explanation of the reason for the waiver or variance, including all material facts relevant to grant the waiver or variance in question.

5. A description of any prior contact between the board and the requester relating to the regulated activity or license affected by the proposed waiver or variance, including a description of each affected license held by the requester, any notices of violation, contested case hearings, or investigative reports relating to the regulated activity or license within the last five years.

6. The name, address, and telephone number of any public agency or political subdivision which also regulates the activity in question or which might be affected by a grant of waiver or variance.

7. Any information known to the requester regarding the board's treatment of similar cases.

8. The name, address, and telephone number of any person with knowledge of the relevant facts relating to the proposed waiver or variance.

9. Any necessary releases of information authorizing persons with knowledge to disclose relevant information to the board.

193B--9.5(544A) Ruling. The board shall respond in writing to all requests. The ruling shall include the reason for granting or denying the request and, if approved, the time period during which the waiver or variance is effective. The board may condition the grant of waiver or variance on such reasonable conditions as appropriate to achieve the objectives of the particular rule in question through alternative means.

193B--9.6(544A) Public availability. All final rulings in response to requests for waivers or variances shall be indexed and available to members of the public at the board office.

193B--9.7(544A) Voiding or cancellation. A waiver or variance is void if the material facts upon which the request is based are not true or if material facts have been withheld. The board may at any time cancel a waiver or variance upon appropriate notice and hearing if the board finds that the facts as stated in the request are not true, material facts have been withheld, the alternative means of compliance provided in the waiver or variance has failed to achieve the objectives of the statute, or the requester has failed to comply with conditions set forth in the waiver or variance approval.

193B--9.8(544A) Violations. Violation of conditions in the waiver or variance approval is the equivalent of violation of the particular rule for which the waiver or variance is granted and is subject to the same remedies or penalties.

193B--9.9(544A) Appeals. Any request for an appeal from a decision granting or denying a waiver or variance shall be in accordance with the procedures provided in Iowa Code chapter 17A and this chapter. An appeal shall be taken within 30 days of the issuance of the ruling in response to the request unless a contrary time is provided by rule or statute.

These rules are intended to implement Iowa Code chapter 544A.

ARC 8013A

Pursuant to the authority of Iowa Code sections 17A.3 and 232.190, the Criminal and Juvenile Justice Planning Division hereby gives Notice of Intended Action to amend Chapter 4, "Juvenile Crime Prevention Community Grant Fund," Iowa Administrative Code.

These amendments to Chapter 4 implement changes in policy governing the Juvenile Crime Prevention Community Grant Fund. These changes are the result of legislation in 1998 Iowa Acts, Senate File 2280.

In compliance with Iowa Code section 17A.4(1)"b," a public hearing is scheduled for June 10, 1998, at 9:30 a.m. in Hearing Room 2, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319. Persons may present their views orally or in writing at the public hearing. Persons who wish to make oral presentations at the public hearing should contact the Criminal and Juvenile Justice Planning Division of the Iowa Department of Human Rights, Lucas State Office Building, Des Moines, Iowa 50319, by telephone at (515)281-3995 at least one day prior to the public hearing. Any written comments or information regarding these amendments should be directed to the Division of Criminal and Juvenile Justice Planning at the address indicated. Persons who wish to convey their views orally other than at the public hearing may contact the Division of Juvenile and Criminal Justice Planning by telephone or in person at the Division office at least one day prior to the public hearing.

These amendments are intended to implement 1998 Iowa Acts, Senate File 2280.

The following amendments are proposed.

ITEM 1. Amend subrule 4.3(4), paragraphs "b" and "c," as follows:

b. Amount of matching funds. Subgrantees shall provide matching funds in an amount not less than 25 percent of the amount of funds requested from the division for the first year of grant funding. The match amount of the same project shall progressively increase if grant money is requested and awarded for the allowable two subsequent years. Subgrantees shall provide 35 percent match for the second year of funding and 50 percent for the third year of funding. For subgrantees receiving funding prior to July 1, 1998, the match requirement shall remain at the 25 percent level for the first of the two allowable additional grant years and increase to the 35 percent level for the second year. Communities shall keep subsequent grant requests consistent with program needs, increased match requirements and the goal of full community support at the end of grant eligibility. The applicant's proposed budget shall clearly document the program costs that will be supported with the matching funds.

c. Accounting for match and grant funds. Subgrantees must be able to shall account for all program funds, including (match and grant awards) via a separate budget or program-designated line items within an existing management system. Also, subgrantees must be able to awards, and shall demonstrate that program funds were used only for program services and activities.

ITEM 2. Amend subrule 4.3(5) as follows:

4.3(5) Continuation funding. Subject to the availability of funding, applicants subgrantees who receiving receive initial grant awards on or after July 1, 1998, may only reapply for two subsequent annual grant awards for a total of three years of funding. Subgrantees who received funds prior to July 1, 1998, may apply for an additional two years of funding. During any year when it is anticipated that the request for proposal process will involve requests for both initial and continuation applications, the request for proposals may identify criteria that accords accord greater priority to continuation proposals.

ITEM 3. Amend subrule 4.4(2) as follows:

4.4(2) Content of applications. Required elements of the applications will be published in the request for proposals and will be based on a point system established by the department of human services division and according to the requirements of the Title V Delinquency Prevention Program. The division shall develop the application and selection criteria with consultation from the departments of education, human services, public health and public safety and the governor's alliance on substance abuse. Required inclusions may include, but not be limited to:

a. No change.

b. Evidence Documentation of commitment of community leaders to support a comprehensive, communitywide delinquency prevention effort both during and after the grant period.

c. to k. No change.

l. A plan for collecting data for the monitoring and evaluation of the community's delinquency prevention strategy which conforms to the guidelines in the request for proposal.

m. and n. No change.

ITEM 4. Amend subrule 4.4(3), paragraph "b," as follows:

b. Members of the grant review committee shall review each application and shall assign numerical scores to each proposal using criteria and point values established by the department of human services division and listed in the request for proposals. Selection criteria shall include the nature and breadth of the program and the ability of the program to sustain funding and local support after the proposed grant period. The rank order of scores assigned to the applications by the review committee shall be the basis of funding recommendations to be made by the grant review committee for each application reviewed.

ITEM 5. Amend rule 428--4.7(232) as follows:

428--4.7(232) Compliance with state and federal laws. In acceptance of a grant through this program, the subgrantee shall agree to comply with all applicable state and federal rules and laws including, but not limited to, the Juvenile Justice and Delinquency Prevention Act of 1974 as amended in 1992 and its mandates requirements prohibiting the commingling of juveniles with adults in secure facilities, the placement of juveniles in adult jails and lockups, and the placement of juvenile status offenders in secure facilities.

ARC 8015A

Pursuant to the authority of Iowa Code section 147.76, the Iowa Board of Dental Examiners gives Notice of Intended Action to amend Chapter 1, "Definitions," Iowa Administrative Code.

These amendments rescind the definition of "Examination meeting" and allow the administration of local anesthesia by dental hygienists.

Any interested person may make written suggestions or comments on these proposed amendments on or before June 9, 1998. Such written comments should be directed to Constance L. Price, Executive Director, Iowa Board of Dental Examiners, Executive Hills West, 1209 East Court, Des Moines, Iowa 50319.

There will be a public hearing on June 17, 1998, at 1 p.m. in the Second Floor Conference Room, Executive Hills West, 1209 East Court, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

These amendments are intended to implement Iowa Code sections 147.1(2), 147.13, 147.76, 147.80, 153.13 and 153.15, and chapter 272C.

The following amendments are proposed.

ITEM 1. Amend rule 650--1.1(153) by rescinding the definition of "Examination meeting."

ITEM 2. Amend rule 650--1.1(153), definition of "Practice of dental hygiene," numbered paragraph "2," as follows:

2. Therapeutic: Perform oral prophylaxis including removing supragingival and subgingival deposits and polishing restorations and removable prostheses; application oradministration of medicaments prescribed by a licensed dentist; remove excess restorative materials; recognize and assist in management of medical and dental emergencies. The administration of medicaments does not include the injection of anesthetics. However, a degree-granting dental hygiene program may offer clinical instruction by a licensed dentist in the administration of local anesthetics by injection.

ARC 8016A

Pursuant to the authority of Iowa Code section 147.76, the Iowa Board of Dental Examiners gives Notice of Intended Action to amend Chapter 10, "General," Iowa Administrative Code.

Chapter 10 is being amended to clarify that the administration of local anesthesia and monitoring of nitrous oxide analgesia shall only be performed by dental hygienists under direct supervision of a dentist.

Any interested person may make written suggestions or comments on these proposed amendments on or before June 9, 1998. Such written comments should be directed to Constance L. Price, Executive Director, Iowa Board of Dental Examiners, Executive Hills West, 1209 East Court, Des Moines, Iowa.

There will be a public hearing on June 17, 1998, at 1 p.m. in the Second Floor Conference Room, Executive Hills West, 1209 East Court, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

These amendments are intended to implement Iowa Code section 153.15.

The following amendments are proposed.

ITEM 1. Amend subrule 10.3(1) as follows:

10.3(1) All authorized therapeutic or radiographic services provided by a dental hygienist shall be performed under the general supervision of a dentist currently licensed in the state of Iowa. The administration of local anesthesia and the monitoring of nitrous oxide analgesia shall only be provided under the direct supervision of a dentist. Direct supervision shall mean that the dentist is present in the dental treatment setting at all times while the dental hygienist is performing acts prescribed by the dentist.

ITEM 2. Amend subrule 10.3(2), introductory paragraph, as follows:

10.3(2) All other authorized services provided by a dental hygienist shall be performed under the general supervision of a dentist currently licensed in the state of Iowa. General supervision shall mean that a dentist has examined the patient and has prescribed those authorized therapeutic or radiographic services to be provided by a dental hygienist. The dentist need not be present in the facility while these services are being provided. If a dentist will not be present, the following requirements shall be met:

ARC 8017A

Pursuant to the authority of Iowa Code section 147.76, the Iowa Board of Dental Examiners gives Notice of Intended Action to amend Chapter 11, "Applications," Iowa Administrative Code.

This amendment requires dental hygienists to apply for a permit to administer local anesthesia.

Any interested person may make written suggestions or comments on this proposed amendment on or before June 9, 1998. Such written comments should be directed to Constance L. Price, Executive Director, Iowa Board of Dental Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319.

There will be a public hearing on June 17, 1998, at 1 p.m. in the Second Floor Conference Room, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the rule.

This rule is intended to implement Iowa Code sections 147.10 and 147.80 and chapter 153.

The following amendment is proposed.

Amend 650--Chapter 11 by adopting the following new rule:

650--11.10(153) Application for authority of a dental hygienist to administer local anesthesia. A licensed dental hygienist may administer local anesthesia provided the following requirements are met:

1. The dental hygienist holds a current local anesthesia permit issued by the Iowa board of dental examiners.

2. The local anesthesia is prescribed by a licensed dentist.

3. The local anesthesia is administered under the direct supervision of a licensed dentist.

11.10(1) Application for permit. The licensed dental hygienist shall make application for issuance of a permit to administer local anesthesia on the form approved by the board and meet the following requirements:

a. The fee for a permit to administer local anesthesia as specified in 650--Chapter 15 of these rules; and

b. Evidence that formal training in the administration of local anesthesia has been completed within six months of the date of application. The formal training shall be approved by the board and conducted by a school accredited by the American Dental Association Commission on Dental Education; or

c. Evidence of completion of board-approved formal training in the administration of local anesthesia and documented evidence of ongoing practice in the administration of local anesthesia. Documentation shall include verification from the supervising dentist that the dental hygienist has been actively involved in the ongoing practice in the administration of local anesthesia.

11.10(2) Permit renewal. The permit shall expire on the date the dental hygienist's license expires.

a. At the time of renewal, the dental hygienist holding the permit shall document evidence of ongoing practice in the administration of local anesthesia. Documentation shall include verification from the supervising dentist that the dental hygienist has been actively involved in the ongoing practice of the administration of local anesthesia.

b. The application fee for renewal of permit shall include a renewal fee specified in 650--Chapter 15.

c. Failure to supply the documentation referred to in 11.10(1)"c" at the time of renewal shall cause the permit to lapse.

d. The permit may be reinstated upon documentation that the dental hygienist successfully completes a certification course approved by the board.

This rule is intended to implement Iowa Code sections 147.10 and 147.80 and chapter 153.

ARC 8018A

Pursuant to the authority of Iowa Code section 147.76, the Iowa Board of Dental Examiners gives Notice of Intended Action to amend Chapter 15, "Fees," Iowa Administrative Code.

These amendments change the term "parenteral sedation" to "conscious sedation" as it appears in this chapter and establish fees for a dental hygiene application for administration of local anesthesia.

Any interested person may make written suggestions or comments on the proposed amendments on or before June 9, 1998. Such written comments should be directed to Constance L. Price, Executive Director, Iowa Board of Dental Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319.

There will be a public hearing on June 17, 1998, at 1 p.m. in the Second Floor Conference Room, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

These amendments are intended to implement Iowa Code sections 147.10 and 147.80.

The following amendments are proposed.

ITEM 1. Amend subrule 15.1(10) and adopt new subrule 15.1(11) as follows:

15.1(10) The fee for an application for issuance of a parenteral conscious sedation permit shall be $100.

15.1(11) The fee for an application for issuance of a permit to authorize a dental hygienist to administer local anesthesia shall be $35.

ITEM 2. Amend subrule 15.2(4) and adopt new subrule 15.2(5) as follows:

15.2(4) The fee for renewal of a parenteral conscious sedation permit shall be $100.

15.2(5) The fee for renewal of a permit to authorize a dental hygienist to administer local anesthesia shall be $20.

ARC 8019A

Pursuant to the authority of Iowa Code section 147.76, the Iowa Board of Dental Examiners gives Notice of Intended Action to amend Chapter 20, "Auxiliary Personnel," Iowa Administrative Code.

The amendments require that coronal polishing be performed only after removal of calculus and establish guidelines for dental assistants performing expanded functions.

Any interested person may make written suggestions or comments on these proposed amendments on or before June 9, 1998. Such written comments should be directed to Constance L. Price, Executive Director, Iowa Board of Dental Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319.

There will be a public hearing on June 17, 1998, at 2 p.m. in the Second Floor Conference Room, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

These amendments are intended to implement Iowa Code sections 153.17 and 153.33.

The following amendments are proposed.

ITEM 1. Amend subrule 20.2(3) as follows:

20.2(3) Coronal polishing of teeth by a dental assistant using only a rotary instrument and a rubber cup or brush for such purpose, when may be done at the direction of and under the direct supervision of a licensed dentist, is deemed not to be the giving of prophylactic treatment within the purview of Iowa Code section 53.12(2).

a. Coronal polishing may be performed only in conjunction with an examination by a dentist and removal of any supragingival and subgingival calculus, if present, by a licensed dentist or licensed dental hygienist.

b. Commencing July 1, 2000, a licensed dentist may delegate to a dental assistant under direct supervision the coronal polishing of teeth provided the dentist has documented evidence of the dental assistant's having:

(1) Proof that the dental assistant has a certificate of successful completion of a course in dental assisting from a school recognized by the American Dental Association, or

(2) Proof that the dental assistant has a certificate of successful completion of a course in coronal polishing approved by the board.

ITEM 2. Adopt new rule 650--20.3(153) as follows and renumber rules 650--20.3(153) to 650--20.5(153) as 650--20.4(153) to 650--20.6(153):

650--20.3(153) Performing expanded functions.

20.3(1) Monitoring nitrous oxide inhalation analgesia. A licensed dentist may allow a dental assistant to assist with the monitoring of nitrous oxide inhalation analgesia provided the dental assistant is trained in and capable of administering basic life support, holds a current cardiopulmonary resuscitation training certification and meets the requirements set forth in 650--subrule 29.6(5).

20.3(2) Fabrication, placement and temporary cementation of temporary crowns. A licensed dentist may delegate to a dental assistant under direct supervision the fabrication, placement and temporary cementation of temporary crowns provided the dental assistant has provided written documentation to the licensed dentist of the following:

a. Proof that the dental assistant has successfully completed a course of study approved by the board for these procedures; and

b. Proof that the dental assistant is a Dental Assisting National Board (DANB) certified dental assistant; or

c. Proof that the dental assistant has a certificate of successful completion of a course in dental assisting from a school recognized by the American Dental Association and one year of chairside experience; or

d. Proof that the dental assistant has a minimum of three years of on-the-job chairside experience in dental assisting immediately preceding the course of study.

These procedures apply only to a tooth or teeth actively under treatment for which a permanent restoration is being fabricated.

ARC 8026A

Pursuant to the authority of Iowa Code section 455B.304, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 103, "Sanitary Landfills," Iowa Administrative Code.

This amendment adds new rule 567--103.7(455B) which applies to the design, operation and closure of landfills only for the disposal of coal combustion residue. The following are major differences compared with nonmunicipal solid waste landfills. There is no specific bottom liner requirement or leachate collection system. The operating plan must be submitted to the appropriate field office and is not part of the construction permit application. Daily cover and intermediate cover are not required if fugitive dust does not leave the site and erosion is not a problem. Monitoring requirements are reduced, and closure and postclosure requirements are reduced.

Any interested person may make written suggestions or comments on the proposed rule on or before June 11, 1998. Written comments should be directed to Lavoy Haage, Iowa Department of Natural Resources, Wallace State Office Building, 900 East Grand Avenue, Des Moines, Iowa 50319-0034; fax (515)281-8895.

Also, there will be a public hearing on June 11, 1998, at 1:30 p.m. in the Fifth Floor Conference Room of the Wallace State Office Building at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the rule.

Any persons who intend to attend a public hearing and have special requirements such as hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.

This amendment is intended to implement Iowa Code section 455B.304.

The following amendment is proposed.

Amend 567--Chapter 103 by adding the following new rule:

567--103.7(455B) Coal combustion residue landfills. The following are the minimum requirements for siting, designing, and operating a solid waste landfill accepting only coal combustion residue. This rule stands alone and is not affected by references in other rules. "Coal combustion residue" means any solid waste produced by the burning of coal, either by itself or in conjunction with natural gas or othercarbon-based fuels. It includes, but is not limited to, bottom ash, fly ash, slag and flue gas desulfurization system material generated by coal combustion and associated air pollution control equipment.

103.7(1) Site requirements.

a. The site cannot be a wetland, cannot be within a 100-year flood plain and cannot have any sinkholes or similar karst features.

b. No wastes shall be deposited within 300 feet of an inhabitable residence or a commercial enterprise, or within 50 feet of the property boundary.

c. All waste must be a minimum of 5 feet above the high groundwater table.

103.7(2) Permit application requirements. The application for a permit shall include the following:

a. A completed application Form 50.542-1542.

b. A copy of the letter from the waste management assistance division approving the comprehensive plan required by 567--101.5(455B).

c. Proof of legal entitlement to use the property as proposed.

d. A topographic map of the site and the adjacent area within 300 feet of the site, with contour intervals not exceeding 10 feet, that shows the location of existing improvements or alterations such as structures, wells, lakes, roads, drain tiles or similar items. The highest point of elevation on the site shall also be identified and given.

e. The results of a sufficient number of soil borings to determine the hydrogeologic conditions and establish the direction of groundwater flow throughout the site and the minimum depth to groundwater on the site.

f. An adequate number of representative groundwater sample results, minimum of three locations, to fully characterize the groundwater quality at the site. The following are the analytical parameters that are required to characterize groundwater quality and establish a baseline for those parameters: arsenic, barium, beryllium, cobalt, copper, iron, lead, magnesium, manganese, selenium, zinc, chlorides, and sulfate.

g. Construction drawings and specifications of the improvements and alterations that are to take place on the site such as roads, structures, utilities, drainage ways, gates and fences.

h. A copy of the local siting approval required by Iowa Code section 455B.305A.

103.7(3) Design criteria.

a. The design of a coal combustion residue solid waste landfill shall contain a method for ensuring protection of the groundwater and surface water.

b. The design plan shall include a method of ash transportation that prevents blowing ash and a method for preventing blowing dust and air emissions when unloading the ash.

c. Surface runoff must be diverted from all active or closed areas, both during the active life of the facility and during the postclosure period.

d. The site must be secured with a fence and gate(s) to prevent unauthorized entry when unattended.

e. The site must have all-weather access roads adequate to accommodate all delivery vehicles and operating equipment.

f. The site must be fenced and gated in a manner that will prevent unauthorized deposition of wastes at the site.

103.7(4) Operating requirements.

a. An operation plan shall be prepared and submitted to the appropriate department field office prior to initiating operations. The plan, at a minimum, shall include:

(1) An identification of the area to be filled during the period for which a permit is being requested.

(2) The method(s) that will be utilized to prevent illicit municipal or putrescible solid wastes from being deposited as a result of mixing with authorized waste brought to the site.

(3) The frequency, extent and method of spreading and compacting the waste; the optimum layer thickness; and the size and slope of the operating face.

(4) A description of the operating procedures that will be followed when wastes are brought to the site.

b. After the waste is deposited, it must be treated as necessary to control fugitive dust that would leave the site, and to control erosion that would impact operations in the active fill area. If the methods used do not adequately control dust and erosion, the department may require site-specific controls including a soil cover.

c. A minimum of one down gradient monitoring well must be installed within one year of initiating operations. Additional wells may be required when it is apparent that more than one potential contaminant pathway exists. Monitoring wells will normally be placed within 50 feet of the waste boundary.

d. Annual sampling of all monitoring wells shall commence within one year of initiating operations. Additional sampling may be required if it appears that the groundwater is or may be affected by leachate or surface activities at the landfill.

e. A report of the groundwater monitoring results shall be submitted to the department by the end of the first year's operation and annually thereafter.

103.7(5) Closure/postclosure requirements.

a. One hundred eighty days prior to closure, the owner/operator shall submit a postclosure plan to the department. The plan shall list the date of closure, the actions that will be taken to close the site and the parties responsible for postclosure maintenance.

b. The final cover shall consist of not less than two feet of compacted soil and one foot of uncompacted soil capable of sustaining a growth of common grasses.

c. The slope of the landfill area after final closure shall be not less than 3 percent nor more than 25 percent.

d. A growth of common grasses shall be established on the final cover by the end of the first full growing season.

e. A minimum of one sample from each monitoring well shall be collected annually during the postclosure period and analyzed for the parameters specified in the permit. The results shall be included in the annual report.

f. After closure, an annual inspection of the site shall be conducted. Any differential settling, surface cracks, holes, erosion channels, or any interference with surface drainage shall be corrected by restoration to the original condition. A report on the findings and corrective actions taken shall be included in the annual report. These postclosure actions are required for a minimum of ten years following closure. The department may extend the monitoring and reporting period if it appears that continued maintenance and monitoring are warranted.

103.7(6) Permit renewal. The term for a permit to operate a solid waste landfill accepting only coal combustion residue waste shall be ten years, and the permit shall be renewable for a similar term.

These rules are intended to implement Iowa Code section 455B.304.

ARC 8008A

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 88, "Managed Health Care Providers," appearing in the Iowa Administrative Code.

These amendments implement the Iowa Plan for Behavioral Health (Iowa Plan), a managed care plan for the delivery of mental health and substance abuse services. The Iowa Plan will replace the Mental Health Access Plan and the Iowa Managed Substance Abuse Care Plan effective January 1, 1999.

The Mental Health Access Plan (MHAP) was implemented in March 1995 and the Iowa Managed Substance Abuse Care Plan (IMSACP) in September 1995. MHAP is admin-istered by the Department of Human Services Division of Medical Services, and IMSACP is jointly administered by DHS and the Iowa Department of Public Health Division of Substance Abuse and Health Promotion. Competitive procurements were conducted to select the MHAP and IMSACP contractors; the original contract periods were to end in mid-1998, but have been extended to December 31, 1998.

In anticipation of the end of the contracts, the departments developed a process to solicit maximum public input in the design of the Request for Proposals (RFP) for the managed behavioral healthcare plan which would succeed MHAP and IMSACP. The first draft of the Iowa Plan for Behavioral Health (then the Iowa Plan for Integrated Access) was circulated in May 1997 followed by a six-week public comment period. A second draft was circulated for additional comment in September 1997. In addition to the written responses, two legislatively appointed work groups were appointed to focus on issues related to child welfare services and to services provided by counties.

The Iowa Plan for Integrated Access would have included coverage of rehabilitative treatment and support services for Medicaid-eligible children and mental health services in psychiatric medical institutions for children. Due to public comment and legislative direction, the Iowa Plan for Behavioral Health does not include those services.

The RFP for the Iowa Plan was released March 25, 1998, and the time line calls for the selection of a contractor or contractors on or about July 1, 1998. A preimplementation period will begin as soon as the selection is made to allow time for communication with enrollees, training of contractor and provider staff, and provider recruitment so the Iowa Plan can be implemented January 1, 1999.

These amendments differ from current policy governing MHAP and IMSACP as follows:

* Definitions are updated to reflect consensus developed during public review of the content of the RFP, in particular, requiring psychosocial necessity as the standard for mental health services.

* The requirement is added that the contractor be licensed as a limited service organization in anticipation of rules being promulgated by the Insurance Division.

* Policy is added to allow the Department to impose penalties on the contractor.

* Policy is added to allow the Department to comply with legislative direction to allow for regional or statewide contractors.

* Policy is added to allow inclusion of other recipients of mental health and substance abuse services funded by the Department, especially those in the State Payment Program, which was allowed in legislation.

* Instances when the contractor is responsible for retrospective enrollment are clarified.

* The contractor is explicitly denied the right to impose limitations on the amount, scope, or duration of services not allowed in the Medicaid state plan.

* A requirement contained in the 1915b waiver is implemented which allows the enrollee the maximum allowable choice between providers.

* The list of services which the contractor must make available to enrollees is expanded.

* Requirements are clarified related to services provided to enrollees in emergency rooms. The contractor is required to reimburse providers of emergency room services if appropriate notification is given the contractor.

* The contractor's responsibility related to the provision of transportation when emergency services have been provided by nonparticipating providers is defined.

* The contractor is required to maintain an open panel approach to the recruitment of participating providers. "Open panel" means that the contractor shall subcontract with all providers who are appropriately licensed, certified, or accredited to provide covered, required, or optional services, and who meet the credentialing criteria, agree to the standard contract terms, and wish to participate.

* The contractor is required to maintain 24-hour crisis counseling and referral services via a toll-free telephone line.

* Minimum standards are established for the contractor's policies related to the review of both clinical and nonclinical decisions, including that the reviews be conducted by a person other than the one making the original decision and that enrollees and providers be allowed to participate. Resolution time frames are also established.

* A minimum requirement for enrollment information to be provided by contractor to all enrollees is established.

* A minimum requirement for the processing of claims and a definition of the contractor's responsibility to pay for services and supports provided to enrollees are established.

Consideration will be given to all written data, views, and arguments thereto received by the Bureau of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319-0114, on or before June 10, 1998.

Oral presentations may be made by persons appearing at the following meetings. Written comments will also be accepted at these times.

Cedar Rapids - June 11, 1998 10 a.m.

Cedar Rapids Regional Office

Iowa Building - Suite 600

Sixth Floor Conference Room

411 Third St. S.E.

Cedar Rapids, Iowa 52401

Council Bluffs - June 10, 1998 9 a.m.

Administrative Conference Room

Council Bluffs Regional Office

417 E. Kanesville Boulevard

Council Bluffs, Iowa 51501

Davenport - June 10, 1998 10 a.m.

Davenport Area Office

Bicentennial Building - Fifth Floor

Large Conference Room

428 Western

Davenport, Iowa 52801

Des Moines - June 11, 1998 9 a.m.

Des Moines Regional Office

City View Plaza

Conference Room 104

1200 University

Des Moines, Iowa 50314

Mason City - June 10, 1998 2 p.m.

Mason City Area Office

Mohawk Square, Liberty Room

22 North Georgia Avenue

Mason City, Iowa 50401

Ottumwa - June 12, 1998 10 a.m.

Ottumwa Area Office

Conference Room 2

120 East Main

Ottumwa, Iowa 52501

Sioux City - June 11, 1998 1 p.m.

Sioux City Regional Office

Fifth Floor

520 Nebraska St.

Sioux City, Iowa 51101

Waterloo - June 10, 1998 9 a.m.

Waterloo Regional Office

Pinecrest Office Building

Conference Room 420

1407 Independence Avenue

Waterloo, Iowa 50703

Any persons who intend to attend a public hearing and have special requirements such as hearing or vision impairments should contact the Bureau of Policy Analysis at (515)281-8440 and advise of special needs.

These amendments are intended to implement Iowa Code section 249A.4 and 1998 Iowa Acts, Senate File 2410, section 7, subsection 4, paragraph "a."

The following amendments are proposed.

ITEM 1. Amend 441--Chapter 88, Preamble, as follows:

ITEM 2. Rescind 441--Chapter 88, Divisions IV and V.

ITEM 3. Adopt the following new Division IV:

"Accredited" shall mean an entity approved by the division of mental health and developmental disabilities of the department to provide mental health services.

"Appeal" shall mean the process defined in 441--Chapter 7 by which a Medicaid beneficiary or other recipient of services through the department, or the recipient's designee, may request review of a certain decision made by the department or the contractor.

"ASAM PPC2" shall mean the American Society of Addiction Medicine Patient Placement Criteria for the Treatment of Substance-Related Disorders, Second Edition, published by the American Society of Addiction Medicine in 1996.

"Assertive community treatment (ACT) program" shall mean a program of comprehensive outpatient services provided in the community directed toward the amelioration of symptoms and the rehabilitation of behavioral, functional, and social deficits of persons with severe and persistent mental disorders and persons with complex symptomatology who require multiple mental health and supportive services to live in the community.

"Beneficiary" shall mean a person covered by Medicaid as determined by the department.

"Capitation rate" shall mean the fee the department pays monthly to the contractor for each enrolled Medicaid beneficiary for the provision of covered, required, and optional services, whether or not the enrollee received services during the month for which the fee is paid.

"Certification" shall mean the process of determining that a facility, equipment or an individual meets the requirements of federal or state law.

"Clinical decision review" shall mean the process by which enrollees, members, and participating and nonparticipating providers may request a review by the contractor of a decision made by an employee of the contractor regarding the prior authorization, denial, or payment for services.

"Contract" shall mean the contract between the department and the entity or entities selected by the departmentto implement the Iowa Plan. Contract sections related to Medicaid-funded services shall be interpreted to meet the requirements of the Code of Federal Regulations, Title 42, Part 434, as amended to March 27, 1996. The department of public health also shall be party to the contracts in relationship to the provision of substance abuse services to non-Medicaid persons served through the Iowa Plan.

"Contractor" shall mean each entity with whom the department contracts to provide covered, required and optional services for those beneficiaries enrolled in the Iowa Plan.

"Coverage group" shall mean a category of beneficiaries who meet certain common eligibility requirements.

"Covered services" shall mean mental health and substance abuse treatment services reimbursable based on provisions of the Medicaid state plan and paid through the fee-for-service payment system administered by the Medicaid fiscal agent.

"Department" shall mean the Iowa department of human services acting in cooperation with the department of public health for governance of the contract.

"Designee" shall mean an organization, person, or group of persons designated by the director to act on behalf of the department in the review or evaluation of services provided through the Iowa Plan.

"Director" shall mean the director of the Iowa department of human services.

"Disenrollment" shall mean the removal of an enrollee from the contractor's enrollment list either through loss of eligibility or some other cause.

"Emergency services" shall mean those services required to meet the needs of an enrollee who is experiencing an acute crisis of a level of severity requiring immediate treatment where a failure to treat could result in death, injury, or lasting harm to the enrollee or serious danger to others.

"Encounter data" shall mean information reflecting a face-to-face meeting or other billable service furnished by a provider to a person served through the Iowa Plan. Medicaid encounter data must be submitted by the contractor to the department in an electronic format specified by the department.

"Enrollee" shall mean any Medicaid beneficiary who is enrolled in the Iowa Plan in accordance with the provisions of the contract.

"Enrollment" shall mean the inclusion of a Medicaid beneficiary on a contractor's Medicaid enrollment file.

"Enrollment area" shall mean the geographical area in which the enrollees and members assigned by the department to the contractor reside.

"Fee-for-service" shall mean the method of making payment for Medicaid services reimbursable under the Medicaid state plan in which reimbursement is based on fees set by the department for defined services. Payment of the fee is based upon delivery of the defined services and is done through the Medicaid fiscal agent.

"Grievance" shall mean a nonclinical incident, nonclinical complaint, or nonclinical concern which is received verbally and which cannot be resolved in a manner satisfactory to enrollees or participating or nonparticipating providers by the immediate response of the contractor's staff member or a nonclinical incident, nonclinical complaint, or nonclinical concern which is received in writing.

"IJPC" shall mean Iowa Juvenile Placement Criteria published by the department of public health.

"Insolvency" shall mean a financial condition that exists when an entity is unable to pay its debts as they become due in the usual course of business, or when the liabilities of the entity exceed its assets.

"Integrated mental health services and supports" shall mean individualized mental health services and supports planned jointly by the contractor, the enrollee, and others significant to the enrollee as appropriate, which are not regularly defined services otherwise offered by the contractor.

"Iowa Plan" shall mean the Iowa Plan for Behavioral Health, established by this division as the managed care plan to provide mental health and substance abuse treatment.

"Licensed" shall mean a facility, equipment, individual or entity that has formally met state requirements for licensure and has been granted a license.

"Member" shall be a person determined eligible for the state payment program by the division of mental health and developmental disabilities and designated by that division for inclusion in the Iowa Plan.

"Mental health services" shall mean those clinical, rehabilitative, or supportive services provided by an individual, agency, or other entity that is licensed, accredited, certified, or otherwise approved as required by law to treat anymental disorder listed in the International Classification ofDiseases--Ninth Edition (ICD-9). At a minimum, covered disorders include the following ranges of the ICD-9: 290-302.9; 306-309.9; and 311-314.9. Additional code ranges may be included in the contract. Mental health services shall include, but not be limited to, those services listed at subrule 88.65(3).

"MHI" shall mean a state mental health institute operated by the department.

"Open panel" shall mean that the contractor shall subcontract with all providers who are appropriately licensed, certified, or accredited to provide covered, required, or optional services, and who meet the credentialing criteria, agree to the standard contract terms, and wish to participate.

"Participating providers" shall mean the providers of mental health and substance abuse services who subcontract with the contractor.

"Prepaid health plan (PHP)" shall mean an entity defined at Section 1903(m)(2)(B)(iii) of the Social Security Act and determined to be a PHP by the department based upon criteria set forth in the Code of Federal Regulations at Title 42, Part 434.20(a)(3), as amended to March 13, 1991.

"Prior authorization" shall mean the process by which an enrollee or a provider obtains approval prior to the initiation or continuation of a service as to the appropriateness of a service. The contractor may require prior authorization as a condition of payment. Prior authorization of a mental health service shall be based on psychosocial necessity. Prior authorization of a substance abuse service shall be based on service necessity.

"Psychosocial necessity" shall mean that clinical, rehabilitative, or supportive mental health services meet all of the following conditions. The services shall be:

1. Appropriate and necessary to the symptoms, diagnoses or treatment of a covered mental health diagnosis.

2. Provided for the diagnosis or direct care and treatment of a mental disorder.

3. Within standards of good practice for mental health treatment.

4. Required to meet the mental health need of the enrollee and not primarily for the convenience of the enrollee, the provider, or the contractor.

5. The most appropriate type of service which would reasonably meet the needs of the enrollee in the least costly manner.

The determination of psychosocial necessity shall be made after consideration of the enrollee's clinical history, including the impact of previous treatment and service interventions; services being provided concurrently by other delivery systems; the potential for services and supports to avert the need for more intensive treatment; the potential for services and supports to allow the enrollee to maintain functioning improvement attained through previous treatment; unique circumstances which may impact the accessibility or appropriateness of particular services for an individual enrollee (e.g., availability of transportation, lack of natural supports including a place to live); and the enrollee's choice of provider or treatment location.

"Required services" shall mean mental health and substance abuse treatment services and supports which are not reimbursable though the Iowa Medicaid fee-for-service program but which are the contractual responsibility of the contractor.

"Retroactive eligibility" shall mean the period of time consisting of the three months preceding the month in which an application for Medicaid is filed, during which the person may be eligible for Medicaid coverage as determined by the department.

"Routine care" shall mean those clinical, rehabilitative, or supportive mental health or substance abuse services which are typically arranged through regular, scheduled appointments with a provider. Conditions requiring routine care are not likely to substantially worsen or cause damage or disruption to the recipient's life without immediate intervention.

"Service necessity" shall mean that substance abuse services for the treatment of conditions related to substance abuse meet the following requirements according to the criteria of the ASAM PPC2 or the IJPC, whichever is applicable. The services shall be:

1. Appropriate and necessary to the symptoms, diagnoses or treatment of a covered substance abuse diagnosis.

2. Provided for the diagnosis or direct care and treatment of a substance abuse disorder.

3. Within standards of good practice for substance abuse treatment.

4. Required to meet the substance abuse treatment need of the enrollee and not primarily for the convenience of the enrollee, the provider, or the contractor.

5. The most appropriate type of service which would reasonably meet the needs of the enrollee in the least costly manner.

"State payment program" shall mean the program through which certain services are provided to persons who have no legal settlement in any Iowa county. The program is administered by the division of mental health and developmental disabilities.

"Substance abuse licensed PMIC" shall mean a psychiatric medical institution for children (PMIC) which also is licensed in accordance with Iowa Code chapter 125 to provide substance abuse treatment services.

"Substance abuse services" shall mean those clinical, rehabilitative, supportive and other services provided in response to and to alleviate the symptoms of any substance abuse disorder listed in the International Classification of Diseases--Ninth Edition (ICD-9), disorders 303 through 305.9, provided by an individual, agency, or other entity that is licensed, accredited, certified, or otherwise approved as required by law to treat any of these substance abuse disorders. Services include, but are not limited to, services listed at subrule 88.65(4).

"Targeted case management services" shall mean individual case management services targeted to persons with chronic mental illness as defined at Iowa Code section 225C.20 with standards set forth in 441--Chapter 24.

"Third party" shall mean an individual, entity, or program, excluding Medicaid, that is, may be, could be, should be, or has been liable for all or part of the cost of mental health and substance abuse services related to any medical assistance covered by Medicaid.

"Urgent, nonemergency care" shall mean those clinical, rehabilitative, or supportive services provided for conditions which, although they do not present immediate risk of death, injury, or lasting harm, may risk significant damage or disruption to the recipient's life or require expeditious treatment to alleviate the prospect that the condition will substantially worsen without immediate intervention.

441--88.62(249A) Participation.

88.62(1) Contract. The department may enter into a contract for the provision of mental health and substance abuse services specified in 441--Chapter 78, or any portion thereof, with a prepaid health plan.

a. The department shall also determine that the contractor meet the following additional requirements:

(1) The contractor shall make the services it provides to enrollees at least as accessible as those services were to beneficiaries prior to the implementation of the Iowa Plan.

(2) The contractor shall comply with insolvency requirements established by the department in the contract and shall ensure that neither Medicaid enrollees nor the state shall be responsible for its debts if the contractor should become insolvent.

(3) The contractor shall be licensed by the department of commerce, division of insurance, as a limited service organization.

b. The contract shall meet the following minimum requirements. The contract shall:

(1) Be in writing.

(2) Specify the duration of the contract period.

(3) List the services which must be covered.

(4) Describe information access and disclosure.

(5) List conditions for nonrenewal, termination, suspension, and modification.

(6) Specify the method and rate of reimbursement.

(7) Provide for disclosure of ownership and subcontractor relationships.

(8) Specify that all subcontracts shall be in writing, shall comply with the provisions of the contract between the department and the contractor, and shall include any general requirements of the contract that are appropriate to the service or activity covered by the subcontract.

88.62(2) Assessment of penalties. Penalties shall be assessed according to terms of the contract for failure to perform in either of the following areas:

a. Substantial failure to provide necessary covered and required services included in this contract when the failure has seriously and adversely affected an enrollee.

b. Failure to comply with any provision of the contract.

441--88.63(249A) Enrollment.

88.63(1) Enrollment area. The enrollment area shall be set forth in the contract between the department and the contractor. The department has determined that all counties of the state will be covered by the Iowa Plan, whether by a single statewide contractor or by multiple regional contractors.

88.63(2) Beneficiaries subject to enrollment. All Medicaid beneficiaries shall be subject to mandatory enrollment in the Iowa Plan. Beneficiaries who are enrolled in the Iowa Plan are notified with a message on their medical card. When a coverage group is included or excluded from Iowa Plan enrollment, the department and the contractor shall jointly notify beneficiaries prior to implementation of the change.

88.63(3) Others to be served. The department shall include persons in the state payment program in the Iowa Plan. The department may include other recipients of mental health and substance abuse services in the Iowa Plan. The department shall specify in the contract the services, persons to be served, and reimbursement methodology when other recipients are included.

88.63(4) Voluntary enrollment. There will be no voluntary enrollment in the Iowa Plan.

88.63(5) Effective date. For new beneficiaries, the effective date of enrollment with the contractor shall be the first day of the month the Medicaid application was filed in the county office. Beneficiaries under the age of 21 served at an MHI and beneficiaries served at a substance abuse licensed PMIC will be enrolled for months of retroactive eligibility for Medicaid when the beneficiary resided in a substance abuse licensed PMIC or MHI during those months.

For current beneficiaries who are no longer in an eligibility group excluded from the Iowa Plan, the effective date of enrollment shall be the first day of the month following the month they leave the excluded group.

88.63(6) Medical card. The department shall issue medical assistance eligibility cards to all Medicaid beneficiaries. This medical card shall include information to identify the beneficiary as an Iowa Plan enrollee.

441--88.64(249A) Disenrollment.

88.64(1) Disenrollments by the department. Disenroll-ments shall occur when:

a. The enrollee becomes ineligible for Medicaid. If the enrollee becomes ineligible and is later reinstated to Medicaid, enrollment in the Iowa Plan shall also be reinstated.

b. The enrollee is transferred to a coverage group excluded from the Iowa Plan.

c. The enrollee dies.

88.64(2) Effective date. Disenrollment shall be effective the first day of the month following the month of disenroll-ment.

88.64(3) No disenrollment for health reasons. No enrollee shall be disenrolled from the Iowa Plan because of an adverse change in health status, including mental health and substance abuse status.

441--88.65(249A) Covered services.

88.65(1) Amount, duration, and scope of services. The contractor may not impose limitations on the amount, duration, or scope of services provided which are not allowable under the Medicaid state plan. The contractor may, however, require the use of participating providers, require prior authorization for services other than emergency services as set forth in rule 441--88.66(249A), and direct enrollees to the appropriate level of care for receipt of those services which are the responsibility of the contractor.

88.65(2) Enrollee use of Iowa Plan services. Enrollees shall receive all Medicaid-funded covered, required, and optional mental health and substance abuse services only through the Iowa Plan. An enrollee shall use only participating providers of service unless the contractor has authorized a referral to a nonparticipating provider for provision of a service or treatment plan. Payment shall be denied under Medicaid fee-for-service on claims for covered, required, and optional mental health and substance abuse services provided to enrollees. The contractor shall implement policies to ensure that no participating or nonparticipating provider bills an enrollee for all or any part of the cost of a covered, required, or optional service.

88.65(3) Covered, required and optional mental health services.

a. The contractor shall ensure, arrange, monitor and reimburse, at a minimum, the following covered mental health services:

(1) Ambulance services for psychiatric conditions.

(2) Emergency room services for psychiatric conditions available 24 hours per day, 365 days per year.

(3) Inpatient hospital care for psychiatric conditions.

(4) Outpatient hospital care for psychiatric conditions including intensive outpatient services.

(5) Partial hospitalization.

(6) Day treatment.

(7) Psychiatric physician services including consultations requested for enrollees receiving treatment for other medical conditions.

(8) Services of a licensed psychologist for testing, evaluation and treatment of mental illness.

(9) Services in state MHIs for enrollees under the age of 21 or through the age of 22 if the enrollee is hospitalized on the enrollee's twenty-first birthday.

(10) Services provided through a community mental health center.

(11) Targeted case management services to persons with chronic mental illness.

(12) Medication management.

(13) Psychiatric nursing services by a home health agency.

(14) Psychiatric or psychological screenings required subsequent to evaluations for persons applying for admission to nursing homes.

(15) Mental health services determined necessary subsequent to an EPSDT screening meeting the Omnibus Budget Reconciliation Act of 1989, Public Law 101-239, requirements.

b. The contractor shall ensure, arrange, monitor and reimburse the following required mental health services which are not reimbursable by Medicaid fee-for-service:

(1) Services for those diagnosed with both chronic substance abuse and chronic mental illness.

(2) Services of a licensed social worker for treatment of mental illness.

(3) Mobile crisis services.

(4) Mobile counseling services.

(5) Integrated mental health services and supports.

(6) Psychiatric rehabilitation services.

(7) Peer support services for persons with chronic mental illness.

(8) Supported community living services.

(9) Periodic assessment of the level of functioning for each enrollee who meets the criteria of either a child with a serious emotional disability or a person with serious and persistent mental illness. The assessment is to be conducted by appropriately credentialed participating providers.

(10) Programs of assertive community treatment.

c. The contractor may develop optional services and supports to address the mental health needs of enrollees. These optional services and supports shall be implemented only after approval by the department. Optional services and supports shall be provided by or under the supervision of qualified mental health professionals or appropriately accredited agencies.

d. The department may require the coverage of other mental health services and supports under the terms of the contract.

88.65(4) Covered and required substance abuse services. The contractor shall ensure, arrange, monitor and reimburse the following services for the treatment of substance abuse:

a. Outpatient (all Level I as per ASAM PPC2 and IJPC).

b. Intensive outpatient and partial hospitalization (all Level II as per ASAM PPC2 and IJPC).

c. Residential/inpatient services (all Level III as per ASAM PPC2 and IJPC).

d. Medically managed intensive inpatient (all Level IV as per ASAM PPC2 and IJPC).

e. Detoxification.

f. PMIC substance abuse treatment services.

g. Emergency room services for substance abuse conditions available 24 hours a day, 365 days a year.

h. Ambulance services for substance abuse conditions.

i. Substance abuse treatment services determined necessary subsequent to an EPSDT screening meeting the Omnibus Budget Reconciliation Act of 1989, Public Law 101-239, requirements.

j. Intake, assessment, evaluation and diagnostic services, including testing for alcohol and drugs, to determine a substance abuse diagnosis.

88.65(5) Covered diagnoses. Services for a covered diagnosis cannot be denied solely on the basis of an individual's also having a noncovered diagnosis. Mental health services, including inpatient care, cannot be denied solely on the basis of an individual's having no Axis I diagnosis. The contractor will be responsible for ensuring, arranging, monitoring, and reimbursing services necessary for the behavioral care and treatment of the covered diagnoses for Iowa Plan enrollees who are diagnosed with a covered diagnosis and a noncovered diagnosis.

The services defined at subrules 88.65(3) and 88.65(4) shall be provided to all Iowa Plan enrollees who meet the diagnostic criteria for the following disorders listed in the International Classification of Diseases--Ninth Edition (ICD-9):

1. Mental health: 290-302.9; 306-309.9; 311-314.9.

2. Substance abuse: 303-305.9.

88.65(6) Excluded services. Unless specifically included in the contract, the contractor shall not be required to provide long-term care (e.g., residential care facilities, nursing facilities, state hospital schools, or intermediate care facilities for persons with mental retardation) or services provided as part of the Medicaid rehabilitative treatment services as set forth in 441--Chapter 185.

441--88.66(249A) Emergency services.

88.66(1) Availability of services. The contractor shall ensure that emergency services for covered diagnoses are available 24 hours a day, seven days a week, either through participating providers or through arrangements with other providers.

88.66(2) Payment for emergency room services. Emergency room services for covered diagnoses shall be reimbursed for enrollees regardless of whether authorized in advance or whether the provider of service is a participating provider.

a. For emergency room services provided to an Iowa Plan enrollee by a participating or a nonparticipating provider when covered diagnoses are the primary condition, the contractor may:

(1) Establish policies requiring notification of the provision of emergency room service within a stated time frame which shall be no less than 48 hours.

(2) Require authorization of any services beyond those provided in the emergency room.

b. For emergency room services provided to an Iowa Plan enrollee by a participating or a nonparticipating provider when covered diagnoses are the primary condition, the contractor shall:

(1) Provide a minimum triage fee to the emergency room, regardless of whether the facility notifies the contractor. The triage fee shall be no less than is paid under payment mechanisms established for the Medicaid fee-for-service program.

(2) Reimburse the emergency room for emergency room services provided, contingent upon the facility's compliance with notification policies. Reimbursement to nonparticipating providers shall be no less than the average payment which would be made to a participating provider.

88.66(3) Contractor payment liability. The contractor's payment liability for the provision of emergency mental health and substance abuse services by nonparticipating providers is limited to emergency mental health and substance abuse services provided before the enrollee can, without danger or harmful consequences to the enrollee or others, return to the care of a participating provider. If transportation is necessary to transport the enrollee from a nonparticipating provider to a participating provider, the contractor shall be financially liable for the transportation. In reimbursing nonparticipating providers, the contractor's liability is limited to the average reimbursement which the contractor would pay to a participating provider for the same services.

88.66(4) Notification and claim filing time spans. The contractor may set notification and claim filing time limitations in the event of the provision of care by nonparticipating providers and shall notify enrollees of these provisions. However, failure to give notice or to file claims within those time limitations shall not invalidate any claim if it can be shown that it was not reasonably possible to give the notice and that notice was, in fact, given as soon as was reasonably possible. In addition, the contractor shall provide payment for emergency services to nonparticipating providers within 60 days of receipt of a bill which complies with all billing requirements established by the contractor's policies.

441--88.67(249A) Access to service.

88.67(1) Choice of provider. Enrollees shall have the opportunity to choose their mental health care and substance abuse treatment professionals and service providers from any of the participating providers to the extent clinically appropriate.

88.67(2) Open panel requirement. The contractor shall establish and implement policies to ensure an open panel approach to the recruitment of participating providers.

88.67(3) Requirements for participating provider panel. The contractor shall develop and maintain a panel of participating providers which meets the following requirements. The panel shall:

a. Have sufficient staff resources to adequately provide mental health and substance abuse services to meet the needs of enrollees or have arrangements for services to be provided by other providers where capability of participating providers to serve specific mental health and substance abuse needs does not exist.

b. Maintain treatment sites in compliance with all applicable local, state, and federal standards related to the services provided as well as those for fire and safety.

88.67(4) Adequate appointment system. The contractor shall require that participating providers have procedures for the scheduling of enrollee appointments, which are appropriate to the reason for the service, as follows:

a. Enrollees with emergency needs shall be seen within 15 minutes of presentation at a service delivery site.

b. Persons with urgent nonemergency needs shall be seen within 1 hour of presentation at a service delivery site or within 24 hours of telephone contact with provider or contractor.

c. Persons with persistent symptoms shall be seen within 48 hours of reporting symptoms.

d. Persons with need for routine services shall be seen within four weeks of the request for appointment.

88.67(5) Adequate after-hours call-in coverage. The contractor shall ensure crisis counseling and referral are available 24 hours a day, 365 days per year via a toll-free telephone line, the number for which is regularly made available to all enrollees.

88.67(6) Adequate referral system. The contractor shall have in effect arrangements which provide for an adequate referral system for any specialty mental health and substance abuse treatment services not available through participating providers.

441--88.68(249A) Review of contractor decisions and actions.

88.68(1) Clinical decision review. The contractor shall have written procedures by which enrollees and participating and nonparticipating providers may request a clinical decision review. The clinical decision review, when requested, shall be conducted by staff other than the person or persons who made the original clinical care decision. All policies related to clinical decision review shall be approved by the department prior to implementation. The contractor's clinical decision review policies shall further:

a. Require acknowledgment of the receipt of a request for a clinical decision review to the enrollee and to the provider if applicable.

b. Allow for participation by the enrollee and the provider.

c. Set time frames for resolution including emergency procedures which are appropriate to the nature of the clinical decision under review.

d. Require that 95 percent of all clinical decision reviews be resolved within 14 days of receipt of all required documentation and that 100 percent of all clinical decision reviews be resolved within 90 days of the receipt of all required documentation.

e. Ensure the participation of contractor staff with authority to require corrective action.

f. Include at least one level of internal review.

g. Ensure the confidentiality of the enrollee.

88.68(2) Appeal to department. Enrollees and members may appeal clinical care decisions in accordance with the appeal process available to all persons receiving Medicaid-funded services as set forth in 441--Chapter 7 if the enrollee or member is not satisfied with the final decision rendered by the contractor through the contractor's clinical decision review process.

88.68(3) Review of nonclinical decisions. The contractor shall have available to all enrollees and other persons who do business with the contractor a process for the review of any complaints or grievances concerning nonclinical matters. All policies related to the review of nonclinical decisions shall be approved by the department prior to implementation. Policies regarding the process for the review of nonclinical decisions shall incorporate the following:

a. Allow initiation both verbally and in writing.

b. Require a review conducted by someone other than the person who made the original decision.

c. Require written notice acknowledging the receipt of a complaint or grievance.

d. Require resolution of 95 percent of all complaints or grievances within 14 days of the receipt of all required documentation and resolution of 100 percent within 90 days of the receipt of all required documentation.

88.68(4) Written record. All requests for review of contractor decisions and actions, including all informal or verbal complaints which must be referred or researched for resolution, shall be recorded in writing. A log shall be retained and made available at the request of the department. The log shall include progress notes and method of resolution to allow determination of compliance with subrules 88.68(1) and 88.68(3).

88.68(5) Information concerning procedures relating to the review of contractor decisions and actions. The contractor's written procedures for the review of contractor decisions and actions shall be provided to each new enrollee, to participating providers in a provider manual, and to nonparticipating providers upon request.

88.68(6) Periodic reports to the department. The contractor shall make reports to the department summarizing the review of contractor decisions and actions and resolutions to the reviews at a frequency specified in the contract.

441--88.69(249A) Records and reports.

88.69(1) Records system. The contractor shall document and maintain clinical and fiscal records throughout the course of the contract. The record system shall:

a. Identify transactions with or on behalf of each enrollee by the state identification number assigned to the enrollee by the department.

b. Provide a rationale for and documentation of clinical care decisions made by the contractor based upon psychosocial necessity for mental health services and service necessity for substance abuse services.

c. Permit effective professional review for medical audit processes.

d. Facilitate an adequate system for monitoring treatment reimbursed by the contractor including follow-up of the implementation of discharge plans and referral to other providers.

e. Meet contract reporting requirements and federal reporting requirements applicable to prepaid health plans.

88.69(2) Content of individual treatment record. The contractor shall have contractual requirements with participating providers which ensure an adequate record-keeping system, including documentation of all Iowa Plan services provided to each enrollee, in compliance with the provisions of rule 441--79.3(249A).

88.69(3) Confidentiality of mental health information. The contractor shall protect and maintain the confidentiality of mental health information by implementing policies for staff and through contract terms with participating providers which allow release of mental health information only as allowed by Iowa Code chapter 228.

88.69(4) Confidentiality of substance abuse information. The contractor shall protect and maintain the confidentiality of substance abuse information by implementing policies for staff and through contract terms with participating providers which allow release of substance abuse information only in compliance with policies set forth in the Code of Federal Regulations at Title 42, Part 2, as amended to May 5, 1995, and other applicable state and federal law and regulations.

88.69(5) Reports to the department. The contractor shall submit reports to the department as follows:

a. Encounter data on a monthly basis.

b. Annual audited financial statements no later than 180 days after the close of each contract year.

c. Periodic financial, utilization, and statistical reports as required by the department in the contract.

d. Other reporting requirements as specified in the contract.

88.69(6) Audits. The department or its designee and the U.S. Department of Health and Human Services (HHS) may evaluate through inspections or other means the quality, appropriateness, and timeliness of services performed by the contractor, participating providers, nonparticipating providers, and subcontractors pertaining to services performed and reimbursed under the contract. The department or its designee or HHS may audit and inspect any records of the contractor, participating providers, nonparticipating providers and subcontractors of the contractor, pertaining to services performed and the determination of amounts paid under the contract. These records shall be made available at times, places, and in a manner as authorized representatives of the department, its designee, or HHS may request.

441--88.70(249A) Marketing. All marketing plans, procedures, representatives, presentations and materials for Medicaid enrollees used by the contractor or on behalf of the contractor must meet the marketing requirements established in federal regulations for prepaid health plans.

441--88.71(249A) Enrollee education.

88.71(1) Use of services. The contractor shall provide written information to all enrollees on the use of services the contractor is responsible to ensure, arrange, monitor, and reimburse. Information must include services covered; how to access services; providers participating; explanation of the process for the review of contractor decisions and actions, including the enrollee's right to a fair hearing under 441-- Chapter 7 and how to access that fair hearing process; provision of after-hours and emergency care; procedures for notifying enrollees of a change in benefits or office sites; how to request a change in providers; statement of consumer rights and responsibilities; out-of-area use of service; availability of toll-free telephone information and crisis assistance; appropriate use of the referral system; and the method of accessing Medicaid-funded services not covered by the Iowa Plan, especially pharmacy services.

88.71(2) Outreach to beneficiaries with special needs. The contractor shall provide enhanced outreach to beneficiaries with special needs including, but not limited to, persons with psychiatric disabilities, mental retardation or other cognitive impairments, homeless persons, illiterate persons, non-English-speaking persons and persons with visual or hearing impairments.

88.71(3) Patient rights and responsibilities. The contractor shall have in effect a written statement of patient rights and responsibilities which is available upon request as well as issued to all new enrollees. This statement shall be part of enrollment information provided to all new enrollees.

441--88.72(249A) Payment to the contractor.

88.72(1) Capitation rate. In consideration for all services rendered by the contractor under a Medicaid contract with the department, the contractor shall receive a payment each month for each enrollee. This Medicaid capitation rate represents the total obligation of the department with respect to the costs of Medicaid mental health and substance abuse services provided to enrollees under the contract. The contractor accepts the rate as payment in full for the Medicaid-contracted services.

88.72(2) Determination of rate. The Medicaid capitation rates shall be established in the contract and shall not exceed the cost to the department of providing the same covered services on a fee-for-service basis to the same group of Medicaid beneficiaries eligible for the plan.

88.72(3) Payment for services to other recipients. When the department chooses to include mental or substance abuse services for recipients other than enrollees, the department shall establish rates and reimbursement procedures in the contract.

88.72(4) Third-party liability. If an enrollee has health coverage or a responsible party other than the Medicaid program available for purposes of payment for mental health and substance abuse expenses, it is the right and responsibility of the contractor to investigate these third-party resources and attempt to obtain payment. The contractor may retain all funds collected through third-party sources. A complete rec-ord of third-party liability shall be maintained and made available to the department at the end of each contract year.

441--88.73(249A) Claims payment.

88.73(1) Claims payment by contractor. The contractor shall meet the following time lines for the payment of all claims for covered, required and optional mental health and substance abuse services submitted which meet the contractor's requirements for claim submission:

a. For at least 85 percent of claims submitted, payment shall be mailed or claims shall be denied within 14 days of the date the claim is received by the contractor.

b. For at least 90 percent of claims submitted, payment shall be mailed or claims shall be denied within 30 days of the date the claim is received by the contractor.

c. For 100 percent of claims submitted, payment shall be mailed or claims shall be denied within 90 days of the date the claim is received by the contractor.

88.73(2) Limits on payment responsibility for services other than emergency room services. The contractor is not required to reimburse providers for the provision of mental health services that do not meet the criteria of psychosocial necessity. The contractor is not required to reimburse providers for the provision of substance abuse services which do not meet the criteria of service necessity. The contractor has the right to require prior authorization of covered, required and optional services and to deny reimbursement to providers who do not comply with such requirements. Payment responsibilities for emergency room services are as provided at subrule 88.66(2).

88.73(3) Payment to nonparticipating providers. In reimbursing nonparticipating providers, the contractor is obligated to pay no more than the average rate of reimbursement which the contractor pays to participating providers for the same service.

88.73(4) Payment of crossover and copayments. The contractor shall pay crossover claims for Medicare deductible and copayment amounts for those beneficiaries who use Medicare-covered mental health and substance abuse services.

441--88.74(249A) Quality assurance. The contractor shall have in effect an internal quality assurance system which meets the requirements of 42 CFR, Part 434.34 as amended to March 12, 1984, and complies with all other requirements specified in the contract.

These rules are intended to implement Iowa Code section 249A.4.

ARC 8009A

Pursuant to the authority of Iowa Code section 544B.5, the Iowa Landscape Architectural Examining Board hereby gives Notice of Intended Action to adopt Chapter 7, "Waivers or Variances from Rules," Iowa Administrative Code.

The new chapter allows the board to consider a waiver or variance from administrative rules, provides registrants with the procedures necessary to request a waiver or variance and outlines the board's responsibilities when a request is submitted.

Consideration will be given to all written suggestions or comments on the proposed rules received on or before June 9, 1998. Comments should be addressed to Tish Young, Landscape Architectural Examining Board, 1918 S.E.Hulsizer, Ankeny, Iowa 50021, or faxed to (515)281-7411. E-mail may be sent to tish.young@comm7.state.ia.us.

These rules are intended to implement Iowa Code chapters 17A and 544B.

The following chapter is proposed.

Adopt new 193D--Chapter 7 as follows:

7.1(1) Board's authority. The board may grant a waiver of, or variance from, all or part of a rule, upon the criteria described in rule 7.2(544B).

7.1(2) Compliance with statute. No waiver or variance may be granted from a requirement which is imposed by statute. Any waiver or variance must be consistent with statute.

193D--7.2(544B) Criteria. A waiver or variance under this chapter may be granted only upon showing that:

1. Substantially equal protection of health, safety and welfare will be afforded by a means other than that prescript in the particular rule for which the variance or waiver is requested;

2. The waiver or variance will not harm other persons or will not adversely affect the public interest;

3. Because of the circumstances, either the requester is unable to comply with the particular rule without undue hardship or compliance with the particular rule would be unnecessarily and unreasonably costly and serve no public benefit; and

4. Provision of a waiver or variance under the circumstances would not adversely impact an overall goal of uniform treatment of all licensees.

193D--7.3(544B) Request. A request for a waiver or variance must be submitted in writing to the board as follows:

7.3(1) License application. If the request relates to a license application, the request shall be made in accordance with the filing requirements for the license in question.

7.3(2) Contested case. If the request relates to a pending contested case, the request shall be filed in the contested case proceeding.

7.3(3) Other. If the request does not relate to a license application or a pending contested case, the request may be submitted to the board's executive secretary.

193D--7.4(544B) Elements. A request for waiver or variance shall include the following information where applicable:

1. The name, address, and telephone number of the person requesting the waiver or variance and the person's representative, if any.

2. The specific rule from which a waiver or variance is requested.

3. The nature of the waiver or variance requested, including any alternative means or other proposed condition or modification proposed to achieve the purpose of the rule.

4. An explanation of the reason for the waiver or variance, including all material facts relevant to grant the waiver or variance in question.

5. A description of any prior contact between the board and the requester relating to the regulated activity or license affected by the proposed waiver or variance, including a description of each affected license held by the requester, any notices of violation, contested case hearings, or investigative reports relating to the regulated activity or license within the last five years.

6. The name, address, and telephone number of any public agency or political subdivision which also regulates the activity in question or which might be affected by a grant of waiver or variance.

7. Any information known to the requester regarding the board's treatment of similar cases.

8. The name, address, and telephone number of any person with knowledge of the relevant facts relating to the proposed waiver or variance.

9. Any necessary releases of information authorizing persons with knowledge to disclose relevant information to the board.

193D--7.5(544B) Ruling. The board shall respond in writing to all requests. The ruling shall include the reason for granting or denying the request and, if approved, the time period during which the waiver or variance is effective. The board may condition the grant of waiver or variance on such reasonable conditions as appropriate to achieve the objectives of the particular rule in question through alternative means.

193D--7.6(544B) Public availability. All final rulings in response to requests for waivers or variances shall be indexed and available to members of the public at the board office.

193D--7.7(544B) Voiding or cancellation. A waiver or variance is void if the material facts upon which the request is based are not true or if material facts have been withheld. The board may at any time cancel a waiver or variance upon appropriate notice and hearing if the board finds that the facts as stated in the request are not true, material facts are withheld, the alternative means of compliance provided in the waiver or variance has failed to achieve the objectives of the statute, or the requester has failed to comply with conditions set forth in the waiver or variance approval.

193D--7.8(544B) Violations. Violation of conditions in the waiver or variance approval is the equivalent of violation of the particular rule for which the waiver or variance is granted and is subject to the same remedies or penalties.

193D--7.9(544B) Appeals. Any request for an appeal from a decision granting or denying a waiver or variance shall be in accordance with the procedures provided in Iowa Code chapter 17A and this chapter. An appeal shall be taken within 30 days of the issuance of the ruling in response to the request unless a contrary time is provided by rule or statute.

These rules are intended to implement Iowa Code chapter 544B.

ARC 8029A

Pursuant to the authority of Iowa Code section 267.6, the Livestock Health Advisory Council gives Notice of Intended Action to rescind Chapter 1, "Recommendations," and adopt a new Chapter 1, "Recommendations," Iowa Administrative Code.

The Livestock Health Advisory Council recommendations contained in the Iowa Administrative Code set forth the recommendations of the Council for expenditure of an annual state appropriation to be used by the Iowa State University College of Veterinary Medicine for research into livestock diseases. At this time, the pertinent legislation contains an appropriation for fiscal year 1998 of $276,729.

Proposals for livestock health projects were solicited by the Council following their meeting of December 18, 1997. Proposals were submitted to the College of Veterinary Medicine at Iowa State University for a peer review based on the following factors: (1) relevance of research project to priority areas established by the Council, (2) research productivity and progress in proposed objectives, (3) proposed research (soundness of experimental design, relevance to proposed objectives), and (4) research potential.

At their March meeting, the Council selected the projects to fund in 1998-99 based on this peer review, on equitable distribution of funds among the livestock segments, and on maximizing benefits from the dollars available for this fund.

Per past request by the Administrative Rules Review Committee, a contingency fund has been developed for the appropriation.

The Council will meet at 10 a.m. on Thursday, June 18, 1998, in Room 2507, College of Veterinary Medicine, Iowa State University, Ames, Iowa. This will constitute the public hearing on the proposed recommendation. Persons may present their views at this public hearing either orally or in writing.

Persons who wish to make oral presentations at the public hearing should contact Dr. Ken Wilcke, Chair of the Council, Box 665, Walcott, Iowa 52773, telephone (319)284-6233, at least one day prior to the date of the public hearing.

This recommendation is intended to implement Iowa Code section 267.5, subsection 3.

The following recommendation is proposed.

Rescind 521--Chapter 1 and adopt the following new chapter in lieu thereof:

ILHAC Projects Tentatively Approved for 1998-99

Swine

Swine Abortion and Mortality Syndrome $ 20,500

Mycoplasma hyopneumoniae Vaccine $ 14,500

Diagnostic Test for Mycoplasma hyopneumoniae $ 10,000

Virus Variation Associated with Acute PRRS $ 20,000

Diagnosis of PRRSV abortion $ 19,500

Cattle

Treatment for Cryptosporidiosis $ 18,000

BRSV and Hemophilus associated
Respiratory Disease $ 20,000

Improved BVD Vaccines $ 20,000

Vaccine for Johne's Disease $ 20,000

Hairy Heel Wart $ 11,500

Biosecurity for Johne's, BVD
and Bovine Leukosis $ 20,000

Sheep

Scrapies $ 15,000

Poultry

Salmonella enteritidis vaccine $ 15,000

Stunting Syndrome in turkeys $ 15,000

Turkey Rhinotracheitis $ 20,000

Diagnostic Test for
Mycoplasma synoviae in turkeys $ 7,500

Contingency Funds $ 10,229

Total $276,729

Proposed projects from additional Legislative Appropriations, Senate File 2295, to be directed by the Council pending Governor Branstad's signature:

PRRS Pilot Project $ 50,000

Special allocation $235,000

E. coli/Salmonella and other bacterial
infections in livestock and poultry $ 85,000

Johne's disease $ 50,000

PRRS/other diseases of livestock
and poultry $100,000

ARC 7996A

Pursuant to the authority of Iowa Code sections 147.76 and 155A.9, the Iowa Board of Pharmacy Examiners hereby gives Notice of Intended Action to amend Chapter 2, "Licensure," Iowa Administrative Code.

The amendments were approved at the April 15, 1998, regular meeting of the Iowa Board of Pharmacy Examiners.

The amendments remove references to the Federal Drug Law Examination and the Iowa Drug Law Examination requirements for Iowa pharmacist licensure and replace them with the Multistate Pharmacy Jurisprudence Examination, Iowa Edition, a computerized examination which will test the applicant's knowledge of both federal and state pharmacy laws. The amendments to rule 657--2.12(155A) change erroneous references to Iowa Code chapter 155A to the appropriate section within that chapter of the Iowa Code.

Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on June 9, 1998. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Iowa Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319.

These amendments are intended to implement Iowa Code sections 147.94, 155A.8, and 155A.9.

The following amendments are proposed.

ITEM 1. Amend rule 657--2.4(147) as follows:

657--2.4(147) Reexamination applications and fees. Each applicant for reexamination shall make a request on proper forms provided by the board. Administration fees of $40 and $20 will be charged to take the North American Pharmacist Licensure Examination (NAPLEX) and the Federal Drug Law Exam (FDLE) Multistate Pharmacy Jurisprudence Examination (MPJE), Iowa Edition, respectively. In addition, candidates will be required to pay an examination registration fee. Payment of administration fees and examination registration fees shall be as described in rule 657-- 2.2(147).

This rule is intended to implement Iowa Code section 147.94.

ITEM 2. Amend subrule 2.10(1) as follows:

2.10(1) Applicants shall take the following components: the North American Pharmacist Licensure Examination (NAPLEX) with a passing score of no less than 75. Applicants shall also take the National Association of Boards of Pharmacy Federal Drug Law Examination (FDLE) with a passing score of no less than 75. Applicants shall also take the Iowa Drug Law Examination (IDLE) Multistate Pharmacy Jurisprudence Examination (MPJE), Iowa Edition, with a passing score of no less than 75.

ITEM 3. Amend rule 657--2.12(155A) as follows:

657--2.12(155A) Foreign pharmacy graduates.

2.12(1) Any applicant who is a graduate of a school or college of pharmacy located outside the United States which has not been recognized and approved by the board, but who is otherwise qualified to apply for a license to practice pharmacy in Iowa shall be deemed to have satisfied the requirements of Iowa Code section 155A.5 155A.8, subsection 1, by verification to the board of the applicant's academic record and graduation. Each applicant shall have successfully passed the Foreign Pharmacy Graduate Equivalency Examination (FPGEE) given by the Foreign Pharmacy Graduate Examination Commission established by the National Association of Boards of Pharmacy which examination is hereby recognized and approved by the board. Each applicant shall also demonstrate proficiency in English by passing the Test of English as a Foreign Language (TOEFL) given by the educational testing service which examination is hereby recognized and approved by the board. Both the FPGEE and TOEFL exams are prerequisites to taking the licensure examination required in Iowa Code section 155A.5 155A.8, subsection 3.

2.12(2) Foreign pharmacy graduate applicants shall also be required to obtain 1500 hours of internship experience in a community or hospital pharmacy licensed by the board. Internship requirements shall, in all other aspects, meet the requirements established under Chapter 4 of board rules.

This rule is intended to implement Iowa Code sections 155A.5 155A.8 and 155A.9.

ARC 7995A

Pursuant to the authority of Iowa Code sections 147.53 and 147.76, the Iowa Board of Pharmacy Examiners hereby gives Notice of Intended Action to amend Chapter 5, "Licensure by Reciprocity," Iowa Administrative Code.

The amendment was approved at the April 15, 1998, regular meeting of the Iowa Board of Pharmacy Examiners.

The amendment requires that an applicant for licensure by reciprocity take and pass the Multistate Pharmacy Jurisprudence Examination, Iowa Edition (MPJE-IA), which examination will replace the Iowa Drug Law Examination. The amendment further specifies that the MPJE-IA be passed within the year preceding the application for reciprocal license to ensure that the applicant's knowledge of Iowa pharmacy law is current.

Any interested person may present written comments, data, views, and arguments on the proposed amendment not later than 4:30 p.m. on June 9, 1998. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Iowa Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319.

This amendment is intended to implement Iowa Code sections 147.47, 147.49, 155A.7, and 155A.8.

The following amendment is proposed.

Amend rule 657--5.4(147) as follows:

657--5.4(147) Eligibility for reciprocity. The applicant must be a licensed pharmacist by examination in some state of the United States with which Iowa has a reciprocal agreement and must be in good standing at the time of the application. Further, all applicants for reciprocity to this state who obtain their original licensure after January 1, 1980, must have passed the National Association of Boards of Pharmacy (NABP) Licensure Examination (NABPLEX), the North American Pharmacist Licensure Examination (NAPLEX), or an equivalent examination as determined by NABP. Reciprocal licensure will not be granted until after the applicant has shown proof of qualifications; and has passed, within the preceding year, the Multistate Pharmacy Jurisprudence Examination, Iowa Edition; an examination on the Iowa drug laws, and the application has been approved by the executive secretary/director of the board. If the applicant is a graduate of a school or college of pharmacy located outside the United States which has not been recognized and approved by the board, proof of qualifications shall include evidence that the applicant has successfully passed the Foreign Pharmacy Graduate Equivalency Examination (FPGEE) given by the Foreign Pharmacy Graduate Examination Commission established by NABP.

ARC 7997A

Pursuant to the authority of Iowa Code sections 147.76 and 155A.11, the Iowa Board of Pharmacy Examiners hereby gives Notice of Intended Action to amend Chapter 8, "Minimum Standards for the Practice of Pharmacy," Iowa Administrative Code.

The amendment was approved at the April 15, 1998, regular meeting of the Iowa Board of Pharmacy Examiners.

The amendment changes the requirement for the Iowa Drug Law Examination (IDLE) to the Multistate Pharmacy Jurisprudence Examination, Iowa Edition, which replaces the IDLE.

Any interested person may present written comments, data, views, and arguments on the proposed amendment not later than 4:30 p.m. on June 9, 1998. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Iowa Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319.

This amendment is intended to implement Iowa Code section 155A.11.

The following amendment is proposed.

Amend subrule 8.7(7), paragraph "b," subparagraph (1), as follows:

(1) An inactive pharmacist who wishes to become active and who has been actively practicing pharmacy during the last five years in a state which does not require continuing education shall submit proof of continued licensure in good standing in the state or states of such practice. The pharmacist shall also complete one of the following options:

1. Take and successfully pass the Iowa Drug Law Multistate Pharmacy Jurisprudence Examination, Iowa Edition,

2. Complete 160 hours internship for each year the pharmacist was on inactive status (not to exceed 1,000 hours), or

3. Obtain one and one-half times the number of continuing education credits required under 8.7(2) for each renewal period the pharmacist was inactive.

ARC 7998A

Pursuant to the authority of Iowa Code sections 147.76, 155A.13, and 272C.3, the Iowa Board of Pharmacy Examiners hereby gives Notice of Intended Action to amend Chapter 9, "Discipline," Iowa Administrative Code.

The amendment was approved at the April 15, 1998, regular meeting of the Iowa Board of Pharmacy Examiners.

The amendment removes references to the Federal Drug Law Examination and the Iowa Drug Law Examination and replaces those examinations with the Multistate Pharmacy Jurisprudence Examination, Iowa Edition, a computerized examination which will cover both jurisdictions of pharmacy law. The amendment also identifies the NAPLEX examination by its full name rather than just its acronym.

Any interested person may present written comments, data, views, and arguments on the proposed amendment not later than 4:30 p.m. on June 9, 1998. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Iowa Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319.

This amendment is intended to implement Iowa Code section 272C.3.

The following amendment is proposed.

Amend rule 657--9.23(17A,124B,147,155A,272C), numbered paragraph "2," as follows:

2. A person whose license to practice pharmacy was revoked must successfully pass NAPLEX the North American Pharmacist Licensure Examination (NAPLEX) or an equivalent examination as determined by NABP, the Federal Drug Law Examination (FDLE), and the Iowa Drug Law Examination and the Multistate Pharmacy Jurisprudence Examination (MPJE), Iowa Edition.

ARC 7999A

Pursuant to the authority of Iowa Code sections 124.301, 147.76, and 155A.35, the Iowa Board of Pharmacy Examiners hereby gives Notice of Intended Action to amend Chapter 10, "Controlled Substances," and Chapter 21, "Confidential and Electronic Data in Pharmacy Practice," Iowa Administrative Code.

The amendments were approved at the April 15, 1998, regular meeting of the Iowa Board of Pharmacy Examiners.

The new rule proposed in Chapter 21 specifies the procedures to be followed and the system requirements for recording and maintaining records of controlled substance prescription refills and partial fills when an automated data processing system is utilized for pharmacy record keeping. The proposed amendments to Chapter 10 reference those requirements specified in Chapter 21 and require that information retrieval be available as on-screen display and printed format.

Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on June 9, 1998. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Iowa Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319.

These amendments are intended to implement Iowa Code sections 124.306, 124.308, 155A.13, and 155A.35.

The following amendments are proposed.

ITEM 1. Amend subrule 10.13(6), paragraph "c," subparagraph (1), as follows:

(1) Output (display or and printout) of the original prescription number, date of issue, identification of prescribing individual practitioner, identification of patient, address of the LTCF or address of the hospital or residence of the patient, identification of medication authorized (to include dosage form, strength and quantity), listing of the partial fillings that have been dispensed under each prescription, and the information required in this subrule.

ITEM 2. Amend subrule 10.13(6), paragraph "c," subparagraph (3), as follows:

(3) Retrieval of partially filled Schedule II prescription information as required for Schedule III and IV prescription information in 657--subrule 21.11(6).

ITEM 3. Amend subrule 10.13(8), introductory paragraph, as follows:

10.13(8) Refilling of prescriptions. No prescription for a controlled substance listed in Schedule III, IV or V shall be filled or refilled more than six months after the date on which it was issued nor be refilled more than five times. Each refill-ing of a prescription shall be entered on the back of the prescription or on another appropriate document. If entered on another document, such as a medication record, the document must be uniformly maintained and readily retrievable. If maintained in an automated data processing system, all requirements of rule 657--21.11(124,155A) shall be met. The following information must be retrievable by the prescription number: the name and dosage form of the controlled substance, the date filled or refilled, the quantity dispensed, initials of the dispensing pharmacist for each refill, and the total number of refills for that prescription. If the pharmacist merely initials and dates the back of the prescription, it shall be deemed that the full face amount of the prescription has been dispensed. The prescribing practitioner may authorize additional refills of Schedule III, IV or V controlled substances on the original prescription through an oral refill authorization transmitted to the pharmacist, provided the following conditions are met:

ITEM 4. Adopt new rule 657--21.11(124,155A) as follows:

657--21.11(124,155A) Automated data processingsystem--controlled substances refill information. An automated data processing system may be used for the storage and retrieval of refill information for prescription orders for controlled substances in Schedules III, IV, and V subject to the requirements contained in this rule.

21.11(1) On-line retrieval of original prescription information. Any such proposed computerized system must provide on-line retrieval (via CRT display and hard-copy printout) of original prescription order information for those prescription orders which are currently authorized for refill-ing. This shall include, but is not limited to, the following:

a. Original prescription number;

b. Date of issuance of the original prescription order by the practitioner;

c. Date of initial fill;

d. Full name and address of the patient;

e. Name, address, and DEA registration number of the practitioner; and

f. Name, strength, dosage form, quantity of the controlled substance prescribed (and quantity dispensed if different from the quantity prescribed), and the total number of refills authorized by the prescribing practitioner.

21.11(2) On-line retrieval of current refill history. Any such proposed computerized system must also provide on-line retrieval (via CRT display and hard-copy printout) of the current refill history for Schedule III, IV, or V controlled substance prescription orders. This shall include any prescriptions authorized for refill during the past six months. The refill history for each prescription shall include, but is not limited to, the following:

a. Name of the controlled substance;

b. Each date of refill;

c. The quantity dispensed at each refill;

d. The identification code, name, or initials of the dispensing pharmacist for each refill; and

e. The total number of refills dispensed to date for that prescription order.

21.11(3) Pharmacist verification and documentation. Documentation of the fact that the refill information entered into the computer each time a pharmacist refills an original prescription order for a Schedule III, IV, or V controlled substance is correct must be provided by the individual pharmacist who makes use of such a system. If such a system provides a hard-copy printout of each day's controlled sub-stance prescription order refill data, that printout shall be verified, dated, and signed by the individual pharmacist who refilled such a prescription order. The individual pharmacist must verify that the data indicated is correct and then sign this document in the same manner as the pharmacist would sign a check or legal document (e.g., J. H. Smith or John H. Smith). This document shall be maintained in a separate file at that pharmacy for a period of two years from the dispensing date. This printout of the day's controlled substance prescription order refill data must be provided to each pharmacy using such a computerized system within 72 hours of the date on which the refill was dispensed. It must be verified and signed by each pharmacist who is involved with such dispensing. In lieu of such a printout, the pharmacy shall maintain a bound logbook, or separate file, in which each individual pharmacist involved in such dispensing shall sign a statement (in the manner previously described) each day, attesting to the fact that the refill information entered into the computer that day has been reviewed by the pharmacist and is correct as shown. Such a book or file must be maintained at the pharmacy employing such a system for a period of two years after the date of dispensing the appropriately authorized refill.

21.11(4) Printout of refill data. Any such computerized system shall have the capability of producing a printout of any refill data which the user pharmacy is responsible for maintaining under state and federal rules and regulations. This would include a refill-by-refill audit trail for any specified strength and dosage form of any controlled substance by brand or generic name or both. In any computerized system employed by a user pharmacy, the central record-keeping location must be capable of sending the printout to the pharmacy within 48 hours. Such a printout shall include the following:

a. Name of the prescribing practitioner;

b. Name and address of the patient;

c. Quantity dispensed on each refill;

d. Date of dispensing for each refill;

e. Name and identification code of the dispensing pharmacist; and

f. The number of the original prescription order.

21.11(5) Auxiliary procedure for system downtime. In the event that a pharmacy which employs such a computerized system experiences system downtime, the pharmacy must have an auxiliary procedure which will be used for documentation of refills of Schedule III, IV, and V controlled substance prescription orders. This auxiliary procedure must ensure that refills are authorized by the original prescription order, that the maximum number of refills has not been exceeded, and that all of the appropriate data is retained for on-line data entry as soon as the computer system is again available for use.

21.11(6) Partial fills of Schedule II controlled substance prescriptions. Records of partially filled Schedule II prescriptions as authorized in rule 657--10.13(124), if an automated data processing system is used for the storage and retrieval of such information, shall comply with the require-ments of this rule for Schedule III, IV, and V prescription refill information.

ARC 8024A

The purpose of proposed subrule 21.200(4) was to provide interested people with an opportunity to review the summary to be printed on the ballot for the proposed constitutional amendment that will be voted upon at the November 3, 1998, General Election. The period for comments has passed. A public hearing was held on March 20, 1998. The Secretary of State finds no further need to proceed with rule making for ARC 7846A.

ARC 8022A

Pursuant to the authority of Iowa Code section 17A.3(1)"b," the Iowa Secretary of State hereby gives Notice of Intended Action to amend Chapter 21, "Election Forms and Instructions," Iowa Administrative Code.

The purpose of the proposed amendment is to provide voters and other interested persons with the opportunity to review the summary to be printed on the ballot for the proposed constitutional amendment to be voted upon at the November 3, 1998, General Election. Since the only purpose of this Notice is to solicit public comments, following the comment period the Notice will be terminated without adopting the amendment.

Any interested person may make written suggestions or comments on the proposed amendment on or before Tuesday, June 9, 1998. Written comments should be sent to the Senior Election Officer, Office of the Secretary of State, Second Floor, Hoover State Office Building, Des Moines, Iowa 50319-0138; fax (515)242-5953. Anyone who wishes to comment orally may telephone the Elections Division at (515)281-5823 or visit the office on the second floor of the Hoover Building.

There will be a public hearing on Tuesday, June 9, 1998, at 1:30 p.m. at the office of the Secretary of State, Second Floor, Hoover State Office Building. Persons may comment orally or in writing. Persons who speak at the hearing will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment. Persons planning to attend the hearing shall notify the Senior Election Officer by telephone at (515)281-5823 or by fax (515)242-5953 no later than 4:30 p.m. on Friday, June 5, 1998.

This amendment is intended to implement Iowa Code section 49.44.

The following amendment is proposed.

Amend rule 21.200(49) by adopting the following new subrule:

21.200(5) A proposed constitutional amendment was passed by the Seventy-sixth General Assembly as House Joint Resolution 11, and by the Seventy-seventh General Assembly as House Joint Resolution 10. This proposed amendment will be voted upon at the general election to be held on November 3, 1998.

The summary proposed by the secretary of state appears below:

ARC 8020A

Pursuant to the authority of Iowa Code section 47.1 and 1998 Iowa Acts, House File 2282, the Secretary of State hereby gives Notice of Intended Action to amend Chapter 21, "Election Forms and Instructions," Iowa Administrative Code.

With the enactment of 1998 Iowa Acts, House File 2282, counties and school districts have new statutory authority to hold elections to propose local sales and services taxes for school infrastructure projects. This new rule is promulgated to provide uniform election procedures for counties and schools in conducting those elections. Four subrules provide details for initiating local sales and services tax elections for school infrastructure projects, the notice of the election which must be published 60 days before the election, the form of the ballot, and the notice to be filed with the department of revenue and finance after adoption.

Section 2 of House File 2282 requires the Secretary of State to promulgate rules prescribing the form of the ballot for this election. Subrule 21.803(3) was written in response to this legislative requirement. This subrule provides a form for the ballot which shall be uniform throughout the county holding the election.

The Secretary of State has provided additional subrules under statutory authority to prescribe uniform election practices. Subrule 21.803(1) elaborates the procedure for calling the election and provides specific time requirements for setting the date of the election. Subrule 21.803(2) provides a deadline for submission of information to the county commissioner of elections to use in preparing the required notices and ballots. Subrule 21.803(4) explains the timing of the notice to the department of revenue and finance after an election where a local sales and services tax for school infrastructure projects has been adopted, repealed or where the rate of the tax has been changed.

Any interested person may make written suggestions or comments on the proposed amendment on or before Tuesday, June 9, 1998. Written comments should be sent to the Senior Election Officer, Office of the Secretary of State, Second Floor, Hoover State Office Building, Des Moines, Iowa 50319-0138; fax (515)242-5953. Anyone who wishes to comment orally may telephone the Elections Division at (515)281-5823 or visit the office on the second floor of the Hoover Building.

There will be a public hearing on Tuesday, June 9, 1998, at 2 p.m. at the office of the Secretary of State, Second Floor, Hoover State Office Building. Persons may comment orally or in writing. Persons who speak at the hearing will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment. Persons planning to attend the hearing shall notify the Senior Election Officer by telephone at (515)281-5823 or by fax (515) 242-5953 no later than 4:30 p.m. on Friday, June 5, 1998.

This amendment was also Adopted and Filed Emergency and is published herein as ARC 8023A. The content of that submission is incorporated by reference.

This rule is intended to implement 1998 Iowa Acts, House File 2282.

74A.4 Special Assessments Maximum 9.0%

RECOMMENDED for 74A.3 and 74A.7: A rate equal to 75% of the Federal Reserve monthly published indices for U.S. Government securities of comparable maturities.

The rate of interest has been determined by a committee of the state of Iowa to be the minimum interest rate that shall be paid on public funds deposited in approved financial institutions. To be eligible to accept deposits of public funds of the state of Iowa, a financial institution shall demonstrate a commitment to serve the needs of the local community in which it is chartered to do business. These needs include credit services as well as deposit services. All such financial institutions are required to provide the committee with a written description of their commitment to provide credit services in the community. This statement is available for examination by citizens.

New official state interest rates, effective May 9, 1998, setting the minimums that may be paid by Iowa depositories on public funds are listed below.

Two years or more Minimum 5.30%These are minimum rates only. The one year and less are four-tenths of a percent below average rates. Public body treasurers and their depositories may negotiate a higher rate according to money market rates and conditions.

Inquiries may be sent to Michael L. Fitzgerald, Treasurer of State, State Capitol, Des Moines, Iowa 50319.

FILED EMERGENCY

ARC 8021A

SECRETARY OF STATE[721]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 47.6, the Secretary of State hereby amends Chapter 21, "Election Forms and Instructions," Iowa Administrative Code.

This amendment rescinds rules 721--21.30(39) and 21.31(39) providing for the adoption of local election ordinances by cities and counties. These rules are intended to implement Iowa Code Supplement section 39.5, which was repealed by 1998 Iowa Acts, House File 2495, sections 17 and 18. The repeal of section 39.5 was effective on April 17, 1998, upon the signature of the Governor.

In compliance with Iowa Code section 17A.4(2), the Secretary of State finds that notice and public participation are unnecessary because the law these rules were intended to implement is no longer in effect.

The Agency also finds, pursuant to Iowa Code section 17A.5(2)"b"(1), that the normal effective date of the amendment should be waived and this amendment should be made effective upon filing with the Administrative Rules Coordinator on May 1, 1998, as the statute eliminated the Iowa Code section implemented by these rules.

This amendment is intended to implement 1998 Iowa Acts, House File 2495, sections 17 and 18.

This rescission became effective May 1, 1998.

The following amendment is adopted:

Rescind and reserve rules 721--21.30(39) and 721-- 21.31(39).

[Filed Emergency 5/1/98, effective 5/1/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

ARC 8023A

SECRETARY OF STATE[721]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 47.1 and 1998 Iowa Acts, House File 2282, section 2, subsection 3, the Secretary of State hereby amends Chapter 21, "Election Forms and Instructions," Iowa Administrative Code.

With the enactment of 1998 Iowa Acts, House File 2282, counties and school districts have new statutory authority to hold elections to propose local sales and services taxes for school infrastructure projects. This new rule is promulgated to provide uniform election procedures for counties and schools in conducting those elections. Four subrules provide details for initiating local sales and services tax elections for school infrastructure projects, the notice of the election which must be published 60 days before the election, the form of the ballot, and the notice to be filed with the department of revenue and finance after adoption.

Section 2 of House File 2282 requires the Secretary of State to promulgate rules prescribing the form of the ballot for this election. Subrule 21.803(3) was written in response to this legislative requirement. This subrule provides a form for the ballot which shall be uniform throughout the county holding the election.

The Secretary of State has provided additional subrules under statutory authority to prescribe uniform election practices. Subrule 21.803(1) elaborates the procedure for calling the election and provides specific time requirements for setting the date of the election. Subrule 21.803(2) provides a deadline for submission of information to the county commissioner of elections to use in preparing the required notices and ballots. Subrule 21.803(4) explains the timing of the notice to the department of revenue and finance after an election where a local sales and services tax for school infrastructure projects has been adopted, repealed or where the rate of the tax has been changed.

In compliance with Iowa Code section 17A.4(2), the Secretary of State finds that notice and public participation are impracticable because of the immediate need to provide a rule to implement 1998 Iowa Acts, House File 2282, which became effective on April 20, 1998, upon the signature of the Governor.

In compliance with Iowa Code section 17A.5(2)"b"(2), the Secretary of State finds that emergency adoption of this rule confers a benefit on the public by providing a uniform structure for elections on local sales and services taxes for school infrastructure projects. The law authorizing these elections, 1998 Iowa Acts, House File 2282, became effective on April 20, 1998, upon the signature of the Governor. This rule will provide guidance to school boards and county boards of supervisors who wish to take immediate advantage of this law.

This amendment is also published herein under Notice of Intended Action as ARC 8020A to allow public comment. This emergency filing permits the Secretary of State to immediately implement the provisions of this new law.

This rule is intended to implement 1998 Iowa Acts, House File 2282.

This rule became effective May 1, 1998.

The following rule is adopted.

Amend 721--Chapter 21 by adopting the following new rule:

721--21.803(77GA,HF2282) Local sales and services tax elections for school infrastructure projects.

21.803(1) Initiating local sales and services tax elections for school infrastructure projects.

a. Petitions requesting local sales and services tax elections. Petitions requesting local sales and services tax elections for school infrastructure projects shall be filed with the board of supervisors.

(1) Each petition shall include:

1. A statement in substantially the following form: We the undersigned eligible electors of ___________ County hereby request imposition (or increase, decrease, or repeal) of a local sales and services tax for school infrastructureprojects.

2. Each person signing the petition shall add the person's address (including house number and street name, if any, and city) and the date the person signed the petition.

(2) Within 30 days after receipt of the petition, the supervisors shall provide written notice to the county commissioner of elections directing that an election be held to pre-sent to the registered voters of the entire county the question of imposition (or increase, decrease, or repeal) of a local sales and services tax for school infrastructure projects. In the notice the supervisors shall propose a specific date for the election.

(3) The proposed election date shall be at least 75 days, but not more than 90 days, after the date upon which notice is given to the commissioner. The local sales and services tax for school infrastructure projects election may be held in conjunction with a general election, or at a special election. It may not be held with the regular city election. However, if the date proposed by the supervisors conflicts with another scheduled election as defined in Iowa Code section 47.6 or on a date upon which special elections are forbidden to be held by Iowa Code section 39.2(1), the election may be held on a date as close as possible to the required time period.

b. Motions by school boards requesting imposition (or increase, decrease, or repeal) of a local sales and services tax for school infrastructure projects. The board of directors of a school district with a population inside the county equal to at least 50 percent of the population of the whole county may by motion request an election to decide imposition (or increase, decrease, or repeal) of a local sales and services tax for school infrastructure projects. The boards of directors of school districts whose population inside the county separately equals less than 50 percent of the population of the whole county may file with the board of supervisors motions requesting an election to decide imposition (or increase, decrease, or repeal) of a local sales and services tax for school infrastructure projects. The supervisors shall keep a file of these motions until the supervisors have received motions from the boards of directors of school districts whose combined population inside the county equals at least 50 percent of the population of the whole county. Immediately upon receiving a sufficient number of motions, the board shall submit the motions to the commissioner. The commissioner shall, in consultation with the governing bodies of the school districts and the board of supervisors, set a date for the election. The local sales and services tax for school infrastructure projects election may be held in conjunction with a general election, or at a special election. It may not be held with the regular city election. The election shall be held not sooner than 75 days nor later than 90 days after the board files the motion with the commissioner. If this would result in a special election being held at the time of a conflicting election as defined by Iowa Code section 47.6 or on a date upon which special elections are forbidden to be held by Iowa Code section 39.2(1), the election may be held on a date as close as possible to the required time period.

Motions by the board of directors of a school district cease to be valid on the date of the regular school election unless a number of motions sufficient to trigger an election were filed with the board of supervisors before the regular school election.

c. Motions by boards of supervisors requesting imposition (or increase, decrease, or repeal) of a local sales and services tax for school infrastructure projects. The board of supervisors may by motion request an election to decide imposition (or increase, decrease, or repeal) of a local sales and services tax for school infrastructure projects. Immediately upon adoption of a motion requesting a local sales and services tax for school infrastructure projects, the board of supervisors shall submit the motion to the commissioner. The commissioner shall, in consultation with the governing bodies of the school districts and the board of supervisors, set a date for the election. The local sales and services tax for school infrastructure projects election may be held in conjunction with a general election, or at a special election. It may not be held with the regular city election. The election shall be held not sooner than 75 days nor later than 90 days after the board files the motion with the commissioner. If this would result in a special election being held at the time of a conflicting election as defined by Iowa Code section 47.6 or on a date upon which special elections are forbidden to be held by Iowa Code section 39.2(1), the election may be held on a date as close as possible to the required time period.

21.803(2) Notice of a local sales and services tax election for school infrastructure projects. The board of supervisors shall set the rate of the tax which shall be not more than 1 percent. All information required by Iowa Code section 422E.2(3) shall be filed with the commissioner no later than 70 days before the date of the election. The commissioner shall publish a notice of the ballot language at least 60 days before the date of the election. The ballot language for a public measure to impose, change the rate or to repeal a local sales and services tax for school infrastructure projects shall be the same in each precinct in the county.

21.803(3) Form of ballot for local sales and services tax for school infrastructure projects. The ballot language for a public measure to impose, change the rate or to repeal a local sales and services tax for school infrastructure projects shall be the same in each precinct in the county.

a. The ballot for elections to decide the question of imposition of the local sales and services tax for school infrastructure projects shall be as follows:

[phi] (Insert letter to be assigned by the commissioner.)

SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? YES [varsigma]

NO [varsigma]

Summary: To authorize imposition of a ___% local sales and services tax in the county of ________ for school infrastructure projects for ___ years, from ______ (month and day, year) to ______ (month and day, year).

(Insert in substantially the following form the entire text of the proposed public measure immediately below the summary on all paper ballots as provided in Iowa Code section 49.45, or place on the left-hand side inside the curtain of each voting machine as provided in Iowa Code section 52.25. Counties using special paper ballots which are read by computerized tabulating equipment may summarize the question on the ballot and post the complete text as provided in Iowa Code section 52.25.)

A local sales and services tax for school infrastructureprojects shall be imposed in the county of _______ at the rate of ____ percent (___%). The tax will begin on ________ (month, day and year at the beginning of a calendar quarter). The tax will be in effect for a period of ____ years (state time period) until ________ (month, day and year at the end of a calendar quarter).

The money received from the tax is spent as follows:

(List the specific purpose or purposes for which the revenue will be expended.)

b. The ballot for elections to decide the question of increasing (or decreasing) the rate of the local sales and services tax for school infrastructure projects shall be as follows:

[phi] (Insert letter to be assigned by the commissioner.)

SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? YES [varsigma]

NO [varsigma]

Summary: To authorize a rate increase (or decrease) in the local sales and services tax for school infrastructure proj-ects in ______ County from ___% (insert current rate) to ___% (insert proposed rate).

(Insert in substantially the following form the entire text of the proposed public measure immediately below the summary on all paper ballots as provided in Iowa Code section 49.45, or place on the left-hand side inside the curtain of each voting machine as provided in Iowa Code section 52.25. Counties using special paper ballots which are read by computerized tabulating equipment may summarize the question on the ballot and post the complete text as provided in Iowa Code section 52.25.)

In the county of _____ the rate of the local sales and services tax for school infrastructure projects shall be increased (or decreased) from ____ percent (___%) (insert current rate) to ____ percent (___%) (insert proposed rate). The change will be effective on ________ (month, day and year at the beginning of a calendar quarter). The tax will be in effect until ________ (month, day and year at the end of a calendar quarter).

The money received from the tax shall be spent as follows:

(List the specific purpose or purposes for which the revenue will be expended.)

c. The ballot for elections to decide the question of repeal of the local sales and services tax for school infrastructure projects shall be as follows:

[phi] (Insert letter to be assigned by the commissioner.)

SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? YES [varsigma]

NO [varsigma]

Summary: To authorize repeal of a ___ % local sales and services tax in the county of ________ for school infrastructure projects on ______ (month and day, year).

(Insert in substantially the following form the entire text of the proposed public measure immediately below the summary on all paper ballots as provided in Iowa Code section 49.45, or place on the left-hand side inside the curtain of each voting machine as provided in Iowa Code section 52.25. Counties using special paper ballots which are read by computerized tabulating equipment may summarize the question on the ballot and post the complete text as provided in Iowa Code section 52.25.)

A ____ percent (___%) local sales and services tax for school infrastructure projects shall be repealed in the county of _______ effective ________ (month, day and year at the end of a calendar quarter). If not repealed, the tax will be in effect until ________ (month, day and year at the end of a calendar quarter).

The money received from the tax was spent as follows:

(List the specific purpose or purposes for which the revenue has been expended.)

21.803(4) Notice to the department of revenue and finance. Within 10 days after an election where a local sales and services tax for school infrastructure projects has been adopted, repealed or where the rate of the tax has been changed, the board of supervisors shall provide notice of the action by certified mail to the director of the department of revenue and finance. This notice shall be given at least 40 days before the implementation date of the tax.

This rule is intended to implement 1998 Iowa Acts, House File 2282.

[Filed Emergency 5/1/98, effective 5/1/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

FILED

ARC 8010A

ARCHITECTURAL EXAMINING BOARD[193B]

Adopted and Filed

Pursuant to the authority of Iowa Code section 544A.29, the Iowa Architectural Examining Board hereby adopts amendments to Chapter 1, "Description of Organization," Chapter 2, "Registration," and Chapter 5, "Disciplinary Action," Iowa Administrative Code.

These amendments update the procedures for reinstatement of a lapsed registration and revise the rules on admittance to the registration examination and clarify the procedures to be followed to reinstate a registration which has been revoked or suspended by the Board. Additionally, language is being changed to reflect the current Iowa Code citations rather than the 1996 Iowa Acts.

Notice of Intended Action was published in the Iowa Administrative Bulletin on December 31, 1997, as ARC 7751A. Based upon discussions held, the following changes are being made to the original Notice. A definition of the "Handbook" is added to rule 193B--1.5(544A,17A). The amendment to subrule 2.2(1) is changed to eliminate the inclusive dates of the "Handbook." Information on where the document is available to applicants is added to rule 193B--1.5(544A,17A) and subrule 2.2(1). Proposed subrules 2.2(3) through 2.2(9) are withdrawn.

These amendments are intended to implement Iowa Code chapters 17A, 252J, 272C and 544A.

These amendments will become effective June 24, 1998.

The following amendments are adopted.

ITEM 1. Amend rule 193B--1.5(544A,17A) by adding a new definition of "NCARB Handbook for Interns and Architects" in alphabetical order as follows:

"NCARB Handbook for Interns and Architects" means the most current edition of a document by the same title published by the National Council of Architectural Registration Boards. The document outlines the requirements for examination and registration as an architect and is available through the National Council of Architectural Registration Boards, 1735 New York Avenue N.W., Washington, D.C. 20006, the Iowa Architectural Examining Board or the state law library.

ITEM 2. Amend subrules 2.2(1) and 2.2(2) as follows:

2.2(1) All eligibility requirements shall have been verified by the council record and attained satisfied in accordance with Appendix "A" and Appendix "B" to Circular of Information No.1, 1995-1996, except training standards shall be limited only to the requirements of Appendix "B," "Training Requirements for Intern-Architect Development Program (IDP) Applicants for the "NCARB Certification Handbook for Interns and Architects." The Handbook is available through the National Council of Architectural Registration Boards, 1735 New York Avenue N.W., Washington, D.C. 20006, the Iowa Architectural Examining Board or the state law library. Where an equivalent to an NAAB-accredited professional degree in architecture is attained, the requirements of NCARB Circular of Information No. 3, 1995-1996, shall be satisfied. Candidates requesting registration in Iowa from Canada must meet the requirements of NCARB Circular of Information No. 1, Appendix "C."

2.2(2) Effective January 1, 1997, IDP (Intern Development Program) training must be recorded and validated as credit is earned, except 300 value units (approximately one year) of credit are allowed prior to establishing and maintaining a council record. Documentation of training standards shall be submitted on "IDP report" forms, published by NCARB, verified by signatures of registered architects serving as (a) a professional sponsor who has been the intern-architect's employer or who has been an architect in the firm who has substantial responsibility and has been assigned by the firm to act in this capacity; and (b) a professional advisor who is a registered architect, usually outside the intern's firm, with whom the intern has met for guidance and evaluation of progress. The report form shall be completed to demonstrate attainment of an aggregate of the minimum number of value units in each training area.

ITEM 3. Amend subrule 2.3(2) as follows:

2.3(2) When maintenance of competency has been satisfied and payment of the registration fee and reinstatement fee has been made, the certificate can be registered, and a new of registration number will be issued reinstated.

ITEM 4. Amend rule 193B--5.3(544A,272C) as follows:

193B--5.3(544A,272C) Peer investigative committee. A peer investigative committee may be appointed by the president to investigate a complaint. The committee members will consist of two or three one or more architects, serve at thediscretion of the president, and be registered to practicearchitecture in Iowa for at least five years, and residing in Iowa. The committee will review and determine the facts of the complaint and make a report to the board in a timely manner. The board may contract with the department of inspections and appeals to conduct an investigation in addition to or in lieu of the peer investigative committee.

ITEM 5. Rescind rule 193B--5.18(544A,272C) and adopt the following new rule:

193B--5.18(544A,272C) Reinstatement. Any person whose registration has been revoked or suspended by the board may apply to the board for reinstatement in accordance with the terms and conditions of the order of revocation or suspension.

5.18(1) If the order of revocation or suspension did not establish terms and conditions upon which reinstatement might occur, or if the registration was voluntarily surrendered, an initial application for reinstatement may not be made until one year has elapsed from the date of the secretary's order or the date of voluntary surrender.

5.18(2) All proceedings for reinstatement shall be initiated by the respondent who shall file with the board an application for reinstatement of the respondent's registration. Such application shall be docketed in the original case in which the registration was revoked, suspended, or relinquished. All proceedings upon the petition for reinstatement, including the matters preliminary and ancillary thereto, shall be subject to the same rules of procedure as other cases before the board.

5.18(3) An application for reinstatement shall allege facts which, if established, will be sufficient to enable the board to determine that the basis of revocation or suspension of the respondent's registration no longer exists and that it will be in the public interest for the registration to be reinstated. The burden of proof to establish such facts shall be on the respondent.

5.18(4) An order of reinstatement shall be based upon a decision which incorporates findings of fact and conclusions of law and must be based upon the affirmative vote of not fewer than five members of the board. This order will be published as provided for in rule 5.19(544A,272C).

ITEM 6. Amend rule 193B--5.24(544A), introductory paragraph, and subrules 5.24(1) and 5.24(5), introductory paragraphs, as follows:

193B--5.24(544A) Civil penalties against nonregistrant. The board may impose civil penalties by order against a person who is not registered as an architect pursuant to Iowa Code chapter 544A based on the unlawful practices specified in 1996 Iowa Acts, chapter 1055, section 3 section 544A.15(3). In addition to the procedures set forth in 1996 Iowa Acts, chapter 1055, section 3 Iowa Code section 544A.15(3), this rule shall apply.

5.24(1) The notice of the board's intent to impose a civil penalty required by 1996 Iowa Acts, chapter 1055, section 3, Iowa Code section 544A.15(3) shall be served upon the nonregistrant by restricted certified mail, return receipt requested, or personal service in accordance with Rules of Civil Procedure 56.1. Alternatively, the nonregistrant may accept service personally or through authorized counsel. The notice shall include the following:

5.24(5) In addition to the factors set forth in 1996 Iowa Acts, chapter 1055, section 3 Iowa Code section 544A.15(3), the board may consider the following when determining the amount of civil penalty to impose, if any:

[Filed 4/30/98, effective 6/24/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

ARC 8014A

DENTAL EXAMINERS BOARD[650]

Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Iowa Board of Dental Examiners adopts amendments to Chapter 29, "Deep Sedation/General Anesthesia, Parenteral Conscious Sedation and Nitrous Oxide Inhalation Analgesia," Iowa Administrative Code.

Chapter 29 is being amended to include rules on antianx-iety premedication, to change the term "parenteral conscious sedation" to "conscious sedation" and to clarify that dental hygienists and dental assistants may under direct supervision assist the dentist with the monitoring of nitrous oxide inhalation analgesia.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 11, 1998, as ARC 7809A. A public hearing was held on March 18, 1998. Public comments were received.

These amendments are identical to the Notice of Intended Action except for the following: Changes in the wording of subrule 29.3(1), not amended in the Notice, and in 29.4(1) are technical amendments. Changes in 29.6(6) and 29.7(3) are clarifications as to intent as a result of public comment. Changes in 29.6(5) include a grandfathering clause as a result of public comment. Changes in 29.6(4) are clarifications of supervision as a result of public comment. The effective date has been inserted in subrules 29.3(7), 29.4(6), 29.6(3), and 29.6(5) and rule 29.11(153).

These amendments are intended to implement Iowa Code sections 153.33 and 153.34.

These amendments will become effective June 24, 1998.

The following amendments are adopted.

ITEM 1. Amend the title of 650--Chapter 29 as follows:

DEEP SEDATION/GENERAL ANESTHESIA,

PARENTERAL CONSCIOUS SEDATION AND

NITROUS OXIDE INHALATION ANALGESIA

ITEM 2. Amend rule 650--29.1(153), introductory paragraph, add the new definition of "Antianxiety premedication" and amend the definition of "Parenteral conscious sedation" as follows:

650--29.1(153) Definitions. For the purpose of these rules relative to the administration of deep sedation/general anesthesia, parenteral conscious sedation, and nitrous oxide inhalation analgesia by licensed dentists the following definitions shall apply:

"Antianxiety premedication" is the prescription/administration of pharmacologic substances for the relief of anxiety and apprehension which does not result in a depressed level of consciousness.

"Parenteral conscious Conscious sedation" is a depressed level of consciousness produced by the parenteral administration of pharmacologic substances, that retains the patient's ability to independently and continuously maintain an airway and respond appropriately to physical stimulation or verbal command.

ITEM 3. Amend subrules 29.2(2) and 29.2(3) and add new subrule 29.2(4) as follows:

29.2(2) Parenteral conscious Conscious sedation. Dentists licensed in this state shall not administer parenteral conscious sedation in the practice of dentistry until they have obtained a permit as required by the provisions of this chapter.

29.2(3) Nitrous oxide inhalation analgesia. Commencing 12 months after the effective date of this rule, dentists Dentists licensed in this state shall not administer nitrous oxide inhalation analgesia in the practice of dentistry until they have complied with the provisions of 29.6(153).

29.2(4) Antianxiety premedication. Dentists licensed in this state shall not administer antianxiety premedication in the practice of dentistry until they have complied with the provisions of 29.7(153).

ITEM 4. Amend subrules 29.3(1), introductory paragraph, 29.3(6), and 29.3(7) as follows:

29.3(1) A permit may be issued to a licensed dentist to use deep sedation/general anesthesia on an outpatient basis for dental patients provided the dentist meets the requirements set forth by the board which may include the following: following requirements:

29.3(6) A dentist qualified to administer deep sedation/general anesthesia under this rule may administer parenteral conscious sedation and nitrous oxide inhalation analgesia provided the dentist meets the requirements of 29.6(153).

29.3(7) A licensed dentist who has been utilizing deep sedation/general anesthesia in a competent manner for the five-year period preceding the effective date of this rule, July 9, 1986, but has not had the benefit of formal training as outlined in this rule, may apply for a permit provided the dentist fulfills the provisions set forth in 29.3(3), 29.3(4), and 29.3(5).

ITEM 5. Amend rule 650--29.4(153) as follows:

650--29.4(153) Requirements for the issuance of parenteral conscious sedation permits.

29.4(1) A permit may be issued to a licensed dentist to use parenteral conscious sedation on an outpatient basis for dental patients provided the dentist meets the requirements set forth by the board which include the following: following requirements:

a. Has successfully completed Parts I and III of the American Dental Association Council on Dental Education Guidelines; and

b. Has formal training in airway management; or

c. Has submitted evidence of successful completion of parenteral conscious sedation experience at the graduate level, which is approved by the board. The applicant shall document this experience by specifying the type of experience; the number of hours; the length of training; and the number of patient contact hours including documentation of the number of supervised parenteral conscious sedation cases; or

d. Has successfully completed a formal training program, approved by the board, which included physical evaluation, IV sedation, airway management, monitoring, basic life support and emergency management.

29.4(2) When an applicant has not met the above requirements, the applicant must complete a remedial training program in parenteral conscious sedation and related academic subjects beyond the undergraduate dental school level. The remedial training program shall be prior approved by the board. The applicant may be subject to professional evaluation as part of the application process. The professional evaluation shall be conducted by the anesthesia credentials committee and include at a minimum the evaluation of the applicant's knowledge of case management and airway management.

29.4(3) A dentist utilizing parenteral conscious sedation shall maintain a properly equipped facility. The facility shall maintain and the dentist shall be trained on the following equipment: anesthesia or analgesia machine, EKG monitor, positive pressure oxygen, suction, laryngoscope and blades, endotracheal tubes, magill forceps, oral airways, stethoscope, blood pressure monitoring device, pulse oximeter, emergency drugs, defibrillator. The facility shall be staffed with trained auxiliary personnel capable of reasonably handling procedures, problems, and emergencies incident to the administration of parenteral conscious sedation. A licensee may submit a request to the board for waiver of any of the provisions of this subrule. Waiver requests will be considered by the board on an individual basis and shall be granted only if the board determines that there is a reasonable basis for the waiver.

29.4(4) A dentist administering parenteral conscious sedation must document and maintain current, successful completion of an Advanced Cardiac Life Support (ACLS) course, and the auxiliary personnel shall maintain certification in basic life support and be capable of administering basic life support.

29.4(5) A dentist who is performing a procedure for which parenteral conscious sedation is being employed shall not administer the pharmacologic agents and monitor the patient without the presence and assistance of at least one qualified auxiliary personnel in the room who is qualified under subrule 29.4(4).

29.4(6) A licensed dentist who has been utilizing parenteral conscious sedation on an outpatient basis in a competent manner for five years preceding the effective date of this rule, July 9, 1986, but has not had the benefit of formal training as outlined in this rule, may apply for a permit provided the dentist fulfills the provisions set forth in subrules 29.4(3), 29.4(4) and 29.4(5).

29.4(7) Dentists qualified to administer parenteral conscious sedation may administer nitrous oxide inhalation analgesia provided they meet the requirement of 29.6(153).

29.4(8) If parenteral conscious sedation results in a general anesthetic state, the rules for deep sedation/general anesthesia apply.

ITEM 6. Amend subrules 29.5(1) and 29.5(3) as follows:

29.5(1) No dentist shall use or permit the use of deepsedation/general anesthesia or parenteral conscious sedation in a dental office for dental patients, unless the dentist possesses a then currently valid current permit issued by the Iowa board of dental examiners. The dentists A dentist holding a permit shall be subject to review and their facilities subject to facility inspection as deemed appropriate by the board.

29.5(3) An application for a parenteral conscious sedation permit must include the appropriate fee as specified in 650--Chapter 15, as well as evidence indicating compliance with rule 29.4(153).

ITEM 7. Amend subrule 29.6(3) as follows:

29.6(3) A licensed dentist who has been utilizing nitrous oxide inhalation analgesia in a dental office in a competent manner for the 12-month period preceding the effective date of this rule, July 9, 1986, but has not had the benefit of formal training outlined in paragraph 29.6(1)"a" or 29.6(1)"b," may continue the use provided the dentist fulfills the requirements of paragraph paragraphs 29.6(1)"c" and "d" and subrule 29.6(2).

ITEM 8. Adopt the following new subrules:

29.6(4) Dental hygienists and dental assistants may under direct supervision assist the dentist with the monitoring of nitrous oxide inhalation analgesia provided they meet the requirements set forth in 29.6(2) and 29.6(5). The dentist must carry out the appropriate physical evaluation of the patient. The dentist must be physically present during the induction phase of the anesthetic procedure and must be in the immediate vicinity during the rest of the procedure. The dentist may instruct appropriately qualified personnel to alter the anesthetic concentrations. The dentist must determine that the patient is appropriately responsive and physiologically stable prior to discharge.

29.6(5) The dental hygienist and the dental assistant shall satisfactorily complete a course of instruction which includes both didactic and clinical instruction at a teaching institution accredited by the American Dental Association. The course of study shall include instruction in the theory of pain control, anatomy, medical history, pharmacology and emergencies and complications. Dental hygienists and dental assistants who have been assisting in the monitoring of nitrous oxide inhalation analgesia under the direct supervision of a licensed dentist in a competent manner for the 12-month period preceding June 24, 1998, but have not had the benefit of a formal course of instruction, may continue to assist with the monitoring of nitrous oxide inhalation analgesia under the direct supervision of a licensed dentist provided the dental assistant and dental hygienist meet the requirements of subrule 29.6(2).

29.6(6) If the dentist intends to achieve a state of conscious sedation from the administration of nitrous oxide inhalation analgesia, the rules for conscious sedation apply.

ITEM 9. Adopt new rule 650--29.7(153) as follows:

650--29.7(153) Antianxiety premedication.

29.7(1) Antianxiety premedication is the prescription or administration of pharmacologic substances for the relief of anxiety and apprehension.

29.7(2) The regulation and monitoring of this modality of treatment are the responsibility of the ordering dentist.

29.7(3) If a dentist intends to achieve a state of conscious sedation from the administration of an antianxiety premed-ication, the rules for conscious sedation shall apply.

29.7(4) A dentist utilizing antianxiety premedication and auxiliary personnel shall be trained in and capable of administering basic life support.

ITEM 10. Amend rules 650--29.7(153) to 650-- 29.12(153) as follows:

650--29.7(153) 650--29.8(153) Noncompliance. Violations of the provisions of this chapter may result in revocation or suspension of the dentist's permit or other disciplinary measures as deemed appropriate by the board.

650--29.8(153) 650--29.9(153) Reporting of adverse occurrences related to deep sedation/general anesthesia, parenteral conscious sedation, and nitrous oxide inhalation analgesia. , and antianxiety premedication.

29.8(1) 29.9(1) Reporting. All licensed dentists in the practice of dentistry in this state must submit a report within a period of 30 days to the board of any mortality or other incident which results in temporary or permanent physical or mental injury requiring hospitalization of the patient during, or as a result of, antianxiety premedication, nitrous oxide inhalation analgesia, parenteral conscious sedation or deep sedation/general anesthesia related thereto. The report shall include responses to at least the following:

a. Description of dental procedure.

b. Description of preoperative physical condition of patient.

c. List of drugs and dosage administered.

d. Description, in detail, of techniques utilized in administering the drugs utilized.

e. Description of adverse occurrence:

1. Describe Description, in detail, of symptoms of any complications, to include but not be limited to onset, and type of symptoms in patient.

2. Treatment instituted on the patient.

3. Response of the patient to the treatment.

f. Describe Description of the patient's condition on termination of any procedures undertaken.

29.8(2) 29.9(2) Failure to report. Failure to comply with subrule 29.8(1) 29.9(1), when the occurrence is related to the use of deep sedation/general anesthesia, parenteral conscious sedation, or nitrous oxide inhalation analgesia, or antianxiety premedication, may result in the dentist's loss of authorization to administer deep sedation/general anesthesia, parenteral conscious sedation, or nitrous oxide inhalation analgesia, or antianxiety premedication or in other sanctions provided by law.

650--29.9(153) 650--29.10(153) Anesthesia credentials committee.

29.9(1) 29.10(1) The anesthesia credentials committee is a peer review committee appointed by the board to assist the board in the administration of this chapter. This committee shall be chaired by a member of the board and shall include at least six additional members who are licensed to practice dentistry in Iowa. At least four members of the committee shall hold deep sedation/general anesthesia or parenteral conscious sedation permits issued under this chapter.

29.9(2) 29.10(2) The anesthesia credentials committee shall perform the following duties at the request of the board:

a. to c. No change.

650--29.10(153) 650--29.11(153) Renewal. Beginning 12 months from the effective date of these rules December 10, 1997, and for each renewal thereafter, permit holders are required to maintain evidence of renewal of ACLS certification.

Beginning 12 months from the effective date of these rules December 10, 1997, and for each renewal thereafter, permit holders are required to submit a minimum of six hours of continuing education in the area of sedation. These hours may also be submitted as part of license renewal requirements.

650--29.11(153) 650--29.12(153) Rules for denial or nonrenewal. A dentist who has been denied a deep sedation/general anesthesia or parenteral conscious sedation permit or renewal may appeal the denial and request a hearing on the issues related to the permit or renewal denial by serving a notice of appeal and request for hearing upon the executive director not more than 30 days following the date of the mailing of the notification of the permit or renewal denial, or not more than 30 days following the date upon which the dentist was served notice if notification was made in the manner of service of an original notice. The hearing shall be considered a contested case proceeding and shall be governed by the procedures set forth in 650 IAC 51.

650--29.12(153) 650--29.13(153) Record keeping. The patient chart must include preoperative and postoperative vital signs, drugs administered, dosage administered, anesthesia time in minutes, and monitors used. Intermittent vital signs shall be taken and recorded in patient chart during procedures and until the patient is fully ambulatory. The chart should contain the name of the person to whom the patient was discharged.

[Filed 5/1/98, effective 6/24/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

ARC 8028A

ENERGY AND GEOLOGICAL RESOURCES DIVISION[565]

Adopted and Filed

Pursuant to the authority of Iowa Code section 473.7(8), the Department of Natural Resources hereby adopts amendments to Chapter 6, "Energy Bank Program," Iowa Administrative Code.

These rules set out the procedures for the Energy Bank Program. The amendments delete the requirement that schools complete energy audits every five years. Instead, they will be completed only as needed by the school. The amendments also provide the Energy Bank Program participants with more financing options to repay the costs of energy analyses.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 25, 1998, as ARC 7902A. There are no changes and these amendments are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code sections 473.13A, 473.19 and 473.20.

These amendments will become effective June 24, 1998.

The following amendments are adopted.

ITEM 1. Amend rule 565--6.1(473), numbered paragraph "1," as follows:

1. Conducting energy audits as needed on buildings and facilities owned or leased by the local government; conducting energy audits every five years as needed on buildings and facilities owned or leased by a school;

ITEM 2. Amend paragraph 6.6(3)"a" as follows:

a. Six-month interest-free loans and grants, as funds are available, will be provided by the department to the school or local government upon request to pay the professional audit and engineering fees for the energy audits and comprehensive engineering analysis.

ITEM 3. Amend paragraph 6.6(3)"c" as follows:

c. The energy loan program is established in the office of the treasurer of the state to be administered by the energy and geological resources division, department of natural resources, for the purpose of making loans and grants to schools and local governments to complete comprehensive engineering analyses. Funding for this program may come from gifts, federal funds, state appropriations, and other sources.

[Filed 5/1/98, effective 6/24/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98

ARC 8027A

ENVIRONMENTAL PROTECTION COMMISSION[567]

Adopted and Filed

Pursuant to the authority of Iowa Code section 455B.299, the Environmental Protection Commission hereby amends Chapter 92, "State Revolving Fund Loans for Wastewater Treatment," Iowa Administrative Code.

These amendments update the rules for the administration of the state revolving fund loans for wastewater treatment. They include deletions of requirements for loan recipients no longer required by the federal Clean Water Act and implementing regulations. These amendments will ease the burden on applicants for loan assistance.

Notice of Intended Action was published in the February 11, 1998, Iowa Administrative Bulletin as ARC 7824A. One public hearing was held and comments were accepted through March 13, 1998. A responsiveness summary was prepared addressing the comments received, and this document is available from the Iowa Department of Natural Resources.

The adopted amendments differ slightly from those published in the Notice of Intended Action. A comment was received that suggested the benefits of deleting the project requirements in rule 567--92.10(455B), in Item 11 of the Notice of Intended Action, be extended to additional projects besides those that are identified in Intended Use Plans for fiscal 1998 and later. There are projects that were on previous Intended Use Plans that could still benefit from the removal of requirements in the rule that are no longer federal requirements. The change will allow any city that is not required by federal regulation to meet the project requirements being removed from this rule to take advantage of this rule change if it has not proceeded beyond the point where it can benefit. Except for this change, these amendments are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code sections 455B.291 through 455B.299.

These amendments will become effective June 24, 1998.

The following amendments are adopted.

ITEM 1. Amend rule 567--92.3(455B), definition of "Fiscal year," as follows:

"Fiscal year" means the federal state fiscal year starting October July 1 and ending September June 30.

ITEM 2. Rescind and reserve subrule 92.4(3).

ITEM 3. Amend subrules 92.4(6) and 92.4(7) as follows:

92.4(6) Eligible recipient determination. Municipalities projected to be able to qualify for SRF assistance will be identified in an annual intended use plan. Only those proj-ects on the current fiscal year state project priority list developed pursuant to 567--Chapter 91 may be considered as an eligible recipient. SRF assistance will be available to proj-ects in priority order with first consideration given to the "first use" criteria of subrule 92.4(3).

92.4(7) State capitalization grant. The Clean Water Act authorizes the Environmental Protection Agency (EPA) to offer capitalization grants to states for use in a revolving fund loan program through fiscal year 1994. All wastewater treatment projects defined in Section 212 of the Clean Water Act which receive loan assistance from the fund before fiscal year 1995 will meet the requirements of Sections 201(b), 201(g)(1), 201(g)(2), 201(g)(3), 201(g)(5), 201(g)(6), 201(n)(1), 201(o), 204(a)(1), 204(a)(2), 204(b)(1), 204(d)(2), 211, 218, 511(c)(1), and 513 of the Clean Water Act, as described in rule 92.10(455B). A portion of the capitalization grant, as allowed by Title VI of the Clean Water Act, will be used to administer the SRF program.

ITEM 4. Amend subrule 92.5(1) as follows:

92.5(1) Forms. The department will provide an application package to apply for SRF loan assistance and to provide documentation in the program. Forms can be obtained from the Environmental Protection Division, Iowa Department of Natural Resources, Henry A. Wallace Building, 900 502 E. Grand Ninth Street, Des Moines, Iowa 50319-0034.

ITEM 5. Amend subrule 92.5(2), paragraph "a," as follows:

a. Two copies of the facility plan certified by a professional engineer registered licensed to practice in Iowa;

ITEM 6. Amend subrule 92.5(3) as follows:

92.5(3) Timing. Applications received for eligible proj-ects by the department on or before July 1 preceding the fiscal year will be given first assigned a priority for loan assistance in the development of the IUP for that fiscal year. Applications received after that date will be considered for addition to the list of eligible recipients in the IUP in priority order following applicants which had applied by July 1.

ITEM 7. Rescind and reserve subrule 92.6(2), paragraph "a," subparagraph (1).

ITEM 8. Rescind and reserve subrule 92.6(2), paragraph "d," subparagraphs (4) and (5).

ITEM 9. Amend subrule 92.7(2), paragraph "e," as follows:

e. The applicant has demonstrated its ability to provide the necessary legal, institutional, managerial and financial capability to complete the project ensure adequate construction, operation and maintenance. If the director has reasonable grounds to believe that an applicant's disposal system is not viable, the department may require the applicant to submit management and financial plans as prescribed in Iowa Code section 455B.174.

ITEM 10. Amend subrule 92.8(7) as follows:

92.8(7) Project bypass. Any project identified in the intended use plan for funding in a fiscal year that has not signed a binding commitment by August 31 of following the fiscal year will in which a fundable priority was assigned may be bypassed by projects of a lower priority that are in a state of readiness.

ITEM 11. Amend rule 567--92.10(455B), introductory paragraph and subrule 92.10(1), as follows:

567--92.10(455B) Project requirements. The following requirements of this rule apply to all wastewater treatment projects defined in Section 212 of the Clean Water Act receiving assistance from the SRF that entered a binding loan commitment or initiated construction prior to October 1, 1994. They are identified here with references to sections of the Clean Water Act and federal regulations, where appropriate. All wastewater treatment projects receiving assistance from the SRF which entered a binding loan commitment on October 1, 1994, or after and did not initiate construction of the loan project in whole or in part prior to October 1, 1994, need only meet the requirements of paragraphs 92.10(1)"a," 92.10(1)"h," 92.10(2)"b," 92.10(2)"c," 92.10(2)"f" to 92.10(2)"i" and subrule 92.10(3).

92.10(1) Planning. The planning phase of a project includes those necessary plans and studies which directly relate to facilities needed to comply with enforceable requirements of the Clean Water Act and state statutes. It consists of a systematic evaluation of alternatives that are feasible considering the unique demographic, topographic, hydrologic, and institutional characteristics of the planning area. Facilities planning will determine which alternative is cost-effective must support selection of the proposed alternative.

The planning phase must include the following:

a. A description of the proposed project and the complete system of which it is a part. The facility plan must be prepared in accordance with chapter 11 of the "Iowa Wastewater Facilities Design Standards," and meet the applicable provisions of this subrule.

b. to h. No change.

ITEM 12. Amend subrule 92.10(2), paragraphs "b" and "c," as follows:

b. User charge system. -- Section 204(b)(1) requires that a A system of user charges must be developed and enacted to assure ensure that users will pay their proportionate share of the costs of operation and maintenance (including replacement) of any waste treatment services provided by the recipient. A user charge system may also include methods of revenue collection for loan repayments.

c. Recipient capability. The recipient must demonstrate to the department that it has the legal, institutional, managerial and financial capability to ensure adequate construction, operation and maintenance of treatment works, as required by Section 204(b)(1) of the Clean Water Act.

ITEM 13. Amend subrule 92.10(3) as follows:

92.10(3) Qualifying requirements. The Clean Water Act includes several conditions Other information not identified in any particular phase of a project but which are includes basic qualifying factors necessary to qualify any project for SRF assistance must be provided. These consist of the following:

a. Fundable categories, of projects are as defined in 567--subrule 91.6(2), including: .

(1) Treatment -- Section 201(g)(1) limits assistance to projects for secondary treatment, advanced treatment, or any cost-effective alternative, new interceptors and appurtenances, and infiltration/inflow correction. This section retains the governor's discretionary set-aside by which a state can use up to 20 percent of its allotment for other projects within the definition of treatment works in Section 212(2), and for certain nonpoint source control and groundwater protection purposes, as defined in Section 319 of the Clean Water Act and subsequent agency regulations (40 CFR 35.2015(b)(2)(ii-iv): State Priority System and Project Priority List).

(2) Sewers -- governor's discretionary fund -- Section 211 provides that major rehabilitation or replacement of collectors is not eligible under the governor's 20 percent discretionary authority of 201(g)(1) unless the collector is needed to assure the total integrity of the treatment works, or that, for a new collector, adequate capacity exists at the facilities (40 CFR 35.2116 Collection System).

(3) Combined sewer overflows -- Section 201(n)(1) provides that funds under Section 205 may be used for water quality problems due to discharges of combined sewer overflows which are not otherwise eligible, if such discharges are a major priority in a state (40 CFR 35.2015(b)(2)(iv): State Priority Systems -- categories of need and 35.2024(a): Combined Sewer Overflows).

b. Capital financing plans. Section 201(o) calls on the state to assist eligible Eligible recipients in the development of must develop a capital financing plan which, at a minimum:

(1) Projects the future requirements for waste treatment services within the applicant's jurisdiction for a period of no less than ten years;

(2) Projects the nature, extent, timing, and costs of future expansion and reconstruction of treatment works which will be necessary to satisfy the applicant's projected future requirements for waste treatment services; and

(3) Sets forth with specificity the manner in which the applicant intends to finance such future expansion and reconstruction.

The recipient must submit the plan to the department for any comments deemed necessary.

c. Cost information. Cost estimates for the total project and costs allowable for loan financing shall be provided to the department by an eligible recipient.

d. NPDES compliance. To qualify for an SRF loan, a recipient must demonstrate to the satisfaction of the director that the project receiving loan assistance is a part of the recipient's overall plan that addresses all wastewater treat-

ment needs and that describes how compliance with NPDES permit limitations will be achieved and maintained.

ITEM 14. Rescind subrule 92.10(4).

[Filed 5/1/98, effective 6/24/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

ARC 8025A

INDUSTRIAL SERVICES DIVISION[873]

Adopted and Filed

Pursuant to the authority of Iowa Code section 86.8, the Industrial Commissioner hereby amends Chapter 1, "Purpose and Function," Chapter 4, "Contested Cases," and Chapter 8, "Substantive and Interpretive Rules," Iowa Administrative Code.

Item 1 updates the Division of Industrial Services' telephone number.

Item 2 substitutes a new procedure for withdrawal of counsel.

Item 3 provides examples for calculation of costs for duplication of medical records.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 25, 1998, as ARC 7887A. Written comments were solicited until April 14, 1998. No written comments were received on Items 1 and 5 of the Notice. Written comments were received on Item 2, subrule 4.9(8), Withdrawal of counsel. Pursuant to those comments, the subrule has been modified to provide that a hearing will be held on application for withdrawal of counsel when objections are filed. Written comments were received on Items 3 and 4 of the Notice. Pursuant to those comments, the amended title of Chapter 6 and new rule 873--6.7(86) were not adopted. These amendments will be reconsidered before further action is taken. Item 5 has been renumbered as Item 3. Except for these changes, the adopted amendments are identical to those published under Notice of Intended Action.

These amendments will become effective June 24, 1998.

These amendments are intended to implement Iowa Code sections 17A.3(1)"a" and "b," 17A.12, 85.27 and 86.8.

The following amendments are adopted.

ITEM 1. Amend rule 873-1.2(86,17A) to read as follows:

873-1.2(86,17A) Location. Interested persons may contact the Iowa Industrial Commissioner, 1000 East GrandAvenue, Des Moines, Iowa 50319, telephone (515)281-5934 242-6070 or 1-800-Job-Iowa (1-800-562-4692). The fax number is (515)281-6501.

ITEM 2. Rescind subrule 4.9(8) and adopt the following new subrule in lieu thereof:

4.9(8) Withdrawal of counsel. Counsel may withdraw if another counsel has appeared or if the client's written consent accompanies the withdrawal.

Under all other circumstances, counsel may withdraw only upon the order of the industrial commissioner after making written application. Counsel shall give the client written notice that the client has the right to object to the withdrawal by delivering written objections and a request for a hearing to the Division of Industrial Services, 1000 East Grand Avenue, Des Moines, Iowa 50319, within ten days following the date the notice was mailed or personally delivered to the client. Counsel's application shall be accompanied by proof that a copy of the application and notice was sent by certified mail addressed to the client's last-known address or was delivered to the client personally. If no objections are timely filed, the withdrawal will become effective when approved by the industrial commissioner. If objections are timely filed, a hearing on the application will be held. No withdrawal under this subrule will be effective without the approval of the industrial commissioner. The filing of an application to withdraw stays all pending matters until a ruling is made on the application.

ITEM 3. Amend rule 873--8.9(85,86) by adding the following new examples at the end thereof:

EXAMPLE 1. For 7 pages of records the amount to be paid for furnishing duplicates shall not exceed $20.

EXAMPLE 2. For 28 pages of records the amount to be paid for furnishing duplicates shall not exceed $28 ($20 plus (8 times $1)).

EXAMPLE 3. For 41 pages of records the amount to be paid for furnishing duplicates shall not exceed $35.50 ($30 plus (11 times $.50)).

EXAMPLE 4. For 127 pages of records the amount to be paid for furnishing duplicates shall not exceed $71.75 ($65 plus (27 times $.25)).

EXAMPLE 5. For 210 pages of records the amount to be paid for furnishing duplicates shall not exceed $91 ($90 plus (10 times $.10)).

[Filed 5/1/98, effective 6/24/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

ARC 8000A

PHARMACY EXAMINERS BOARD[657]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 147.76 and 155A.6, the Iowa Board of Pharmacy Examiners hereby amends Chapter 6, "General Pharmacy Licenses," Iowa Administrative Code.

The amendment requires that general pharmacies utilizing pharmacy technicians have policies and procedures for the appropriate training of those technicians and maintainrecords of such training for the duration of the technician's employment by that pharmacy.

Notice of Intended Action was published in the March 11, 1998, Iowa Administrative Bulletin as ARC 7858A. The adopted rule is identical to that published under Notice.

The amendment was approved during the April 15, 1998, regular meeting of the Board of Pharmacy Examiners.

This rule will become effective on June 24, 1998.

This rule is intended to implement Iowa Code section 155A.6.

The following amendment is adopted.

Adopt new rule 657--6.10(155A) as follows:

657--6.10(155A) Training and utilization of pharmacy technicians. General pharmacies utilizing pharmacy technicians shall develop, implement, and periodically review written policies and procedures for the training and utilization of pharmacy technicians. Pharmacy policies shall specify the frequency of review. Technician training shall be documented and maintained by the pharmacy for the duration of employment. Policies and procedures and documentation of technician training shall be available for inspection by the board or an agent of the board.

[Filed 4/24/98, effective 6/24/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

ARC 8001A

PHARMACY EXAMINERS BOARD[657]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 124.301, 147.76, and 155A.13, the Iowa Board of Pharmacy Examiners hereby amends Chapter 7, "Hospital Pharmacy Licenses," Iowa Administrative Code.

The amendments require that the biennial inventory of controlled substances be maintained for a period of four years following the date of the inventory.

Notice of Intended Action was published in the March 11, 1998, Iowa Administrative Bulletin as ARC 7859A. The adopted amendments are identical to those published under Notice.

The amendments were approved during the April 15, 1998, regular meeting of the Board of Pharmacy Examiners.

These amendments will become effective on June 24, 1998.

These amendments are intended to implement Iowa Code sections 124.306 and 155A.13.

The following amendments are adopted.

ITEM 1. Amend 657--7.13(124,155A), introductory paragraph, as follows:

657--7.13(124,155A) Records. Every inventory or other record required to be kept under this chapter or under Iowa Code chapters 155A and 124 and 155A shall be kept by the pharmacy and be available for inspection and copying by the board or its representative for at least two years from the date of such inventory or record except as otherwise required in this rule.

ITEM 2. Amend subrule 7.13(5), paragraph "d," as follows:

d. Biennial inventory of controlled substances required by the Drug Enforcement Administration that shall be maintained for a minimum of four years from the date of the inventory.

[Filed 4/24/98, effective 6/24/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

ARC 8002A

PHARMACY EXAMINERS BOARD[657]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 124.301, 147.76, and 155A.13, the Iowa Board of Pharmacy Examiners hereby amends Chapter 8, "Minimum Standards for the Practice of Pharmacy," Iowa Administrative Code.

The amendment permits a pharmacist to dispense patient medication in a patient med pak under specific circumstances.

Notice of Intended Action was published in the March 11, 1998, Iowa Administrative Bulletin as ARC 7860A. The adopted amendment is identical to that published under Notice.

The amendment was approved during the April 15, 1998, regular meeting of the Board of Pharmacy Examiners.

This amendment will become effective on June 24, 1998.

This amendment is intended to implement Iowa Code sections 124.308, 126.10, 155A.13, and 155A.28.

The following amendment is adopted.

Amend subrule 8.13(1) as follows:

8.13(1) Definition. Patient med pak. A patient med pak is a customized patient medication package prepared for a specific noninstitutionalized patient which comprises a series of immediate containers containing two or more prescribed solid oral dosage forms, each container being labeled with the time or the appropriate period for the patient to take its contents. A patient med pak may also be prepared for a specific institutionalized patient when the prescriber's orders specifically indicate that the resident is capable of self-administering the medications contained therein.

[Filed 4/24/98, effective 6/24/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

ARC 8003A

PHARMACY EXAMINERS BOARD[657]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 124.301, 147.76, and 155A.13, the Iowa Board of Pharmacy Examiners hereby amends Chapter 10, "Controlled Substances," Iowa Administrative Code.

The amendments clarify the requirements and limited acceptability for Schedule II controlled substances prescriptions transmitted pursuant to facsimile machine or other electronic transmission and reference other rules of the Board dealing with electronic transmission of Schedule II controlled substances prescriptions.

Notice of Intended Action was published in the March 11, 1998, Iowa Administrative Bulletin as ARC 7861A. The adopted amendments are identical to those published under Notice.

The amendments were approved during the April 15, 1998, regular meeting of the Board of Pharmacy Examiners.

These amendments will become effective on June 24, 1998.

These amendments are intended to implement Iowa Code sections 124.306, 124.308, 155A.27, and 205.3.

The following amendments are adopted.

ITEM 1. Amend rule 657--10.13(124), introductory paragraph, as follows:

657--10.13(124) Controlled substances--requirement of prescription, emergency prescriptions, and partial fills. In the case of an emergency situation, as defined by 10.13(5), a pharmacist may dispense a controlled substance listed in Schedule II pursuant to an electronic transmission in accordance with the requirements of rule 657--21.7(124,155A). In the case of an emergency situation, as defined by subrule 10.13(5), a pharmacist may dispense a controlled substance listed in Schedule II upon receiving oral authorization of a prescribing individual practitioner, provided that:

ITEM 2. Adopt the following new rule 657-- 10.14(124,155A):

657--10.14(124,155A) Facsimile transmission of a prescription for Schedule II controlled substances. A prescription for a Schedule II controlled substance may be transmitted via facsimile to the pharmacy only as provided in rules 657--21.6(124,155A) to 657--21.10(124,155A).

[Filed 4/24/98, effective 6/24/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

ARC 8004A

PHARMACY EXAMINERS BOARD[657]

Adopted and Filed

Pursuant to the authority of Iowa Code section 22.11, the Iowa Board of Pharmacy Examiners hereby amends Chapter 14, "Public Information and Inspection of Records," Iowa Administrative Code.

The amendments clarify the format of certain records maintained by the Board, change certain terms to comply with accepted names and naming conventions, update the information maintained by the Board to include records relating to pharmacist-intern and pharmacy technician registrations pursuant to changes in Iowa Code chapter 155A, and update information regarding computers used by the Board in the compilation and maintenance of data, records, and information.

Notice of Intended Action was published in the March 11, 1998, Iowa Administrative Bulletin as ARC 7862A. The adopted amendments are identical to those published under Notice.

The amendments were approved during the April 15, 1998, regular meeting of the Board of Pharmacy Examiners.

These amendments will become effective on June 24, 1998.

These amendments are intended to implement Iowa Code section 22.11.

The following amendments are adopted.

ITEM 1. Amend rule 657--14.14(155A,124,22), intro-ductory paragraph, as follows:

657--14.14(155A,124,22,124,155A) Personally identifiable information. This rule describes the nature and extent of personally identifiable information which is collected, maintained, and retrieved by the board by personal identifier in record systems as defined in rule 14.1(22,124,155A). For each record system, this rule describes the legal authority for the collection of that information and the means of storage of that information. Indication that information in a record system is stored in or on more than one media format should not be interpreted to mean that all information is stored in all such formats. Some information comprising these records may be maintained on one type of media while other related information is maintained in another format. The description also indicates whether the record system contains any confidential information and includes the legal authority for confidentiality. The record systems maintained by the board are:

ITEM 2. Amend subrule 14.14(2) as follows:

14.14(2) Complaint reports. These records contain information about licensees, controlled drug registrants, and the persons they serve. This information is collected by the board pursuant to the authority granted in Iowa Code chapters 155A and 124 and is stored electronically, in computer, and on paper. The information contained in these records is confidential in whole or in part pursuant to Iowa Code sections 22.7(18) and 272C.6(4).

ITEM 3. Amend subrule 14.14(5) as follows:

14.14(5) Controlled substance registration records. These records contain information about pharmacies; individual practitioners including doctors of medicine, osteopathy, dentistry, veterinary medicine, podiatry, and optometry; physician assistants; advanced registered nurse practitioners; manufacturers and distributors; importers and exporters; researchers; hospitals and clinics; other health care facilities, such as long-term care facilities and intermediate care nursing care facilities; analytical laboratories; and teaching institutions. This information is collected by the board pursuant to the authority granted in Iowa Code chapter 124 and is stored on paper and in computer.

ITEM 4. Amend subrule 14.14(7) as follows:

14.14(7) Examination records. These records contain information about applicants for any of the following examinations: National Association of Boards of Pharmacy Licensure Examination, North American Pharmacist Licensure Examination, Multi-State Pharmacy Jurisprudence Examination, Federal Drug Law Examination, and Iowa Drug Law Examination. These records may also contain information about applicants who pursue licensure by reciprocity, score transfer, or other means. This information is collected by the board pursuant to the authority granted in Iowa Code chapters 147 and 155A and is stored on paper and in computer. The information contained in these records is confidential in part pursuant to Iowa Code sections 147.21(2), 147.21(3), 22.7(1), and 22.7(19).

ITEM 5. Amend subrule 14.14(14) as follows:

14.14(14) Notifications to the board. These records contain reports of theft or loss of controlled substances; reports of pharmacy openings, closings, change of ownership, change of location, or change of pharmacist in charge; reports of the sale or transfer of prescription drugs; reports of out-of-state purchases of controlled substances; reports of disasters, accidents, or emergencies affecting drugs; and reports of pharmacists', pharmacist-interns', and pharmacy technicians' change of name, address or place of employment. This information is collected by the board pursuant to the authority granted in Iowa Code section 155A.19 and is stored on paper and in computer. The information contained in reports of theft or loss of controlled substances may be confidential in whole or in part pursuant to subrule 14.4(5).

ITEM 6. Amend rule 657--14.14(22,124,155A) by adopting the following new subrule 14.14(16):

14.14(16) Pharmacy technician registration records. These records contain information about pharmacy technicians who are registered by the board. This information is collected by the board pursuant to the authority granted in Iowa Code chapter 155A and is stored on paper, in computer, and in the state archives.

ITEM 7. Amend rule 657--14.16(155A,124,22) as follows:

657--14.16(155A,124,22,124,155A) Computer. The board currently uses an NCR Tower 32/650 minicomputer system running Unify/Accell Integrated Database system on a Unix operating system. The board also uses an in-house network of personal computers hosted to an NCR S46 Super Server platform operating in a Microsoft Windows NT Server environment and running Microsoft SQL Server database system. Staff also use personal computers and laptop computers running various software applications on MS-DOS operating systems in Microsoft Windows environment. These systems permit the comparison of personally identifiable information in one record system with personally identifiable information in another record system.

[Filed 4/24/98, effective 6/24/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

ARC 8005A

PHARMACY EXAMINERS BOARD[657]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 124.301, 147.76, and 155A.13, the Iowa Board of Pharmacy Examiners hereby amends Chapter 15, "Correctional Facility Pharmacy Licenses," Iowa Administrative Code.

The amendments change the reference library requirements to permit the pharmacist a choice of specific types of references to better suit the needs for the type of practice and clarify the record retention requirements, particularly the biennial controlled substances inventory record, specifying that such record be maintained for a minimum of four years after the date of the inventory.

Notice of Intended Action was published in the March 11, 1998, Iowa Administrative Bulletin as ARC 7863A. The adopted amendments are identical to those published under Notice.

The amendments were approved during the April 15, 1998, regular meeting of the Board of Pharmacy Examiners.

These amendments will become effective on June 24, 1998.

These amendments are intended to implement Iowa Code sections 124.306, 155A.13, and 155A.31.

The following amendments are adopted.

ITEM 1. Rescind rule 657--15.3(124,126,155A) and adopt the following new rule in lieu thereof:

657--15.3(124,126,155A) Reference library. References may be printed or computer-accessed. Each correctional facility pharmacy shall have on site, as a minimum, one reference from each of the following:

1. Current Iowa pharmacy laws, rules, and regulations.

2. A patient information reference, updated at least annually, such as:

* United States Pharmacopeia Dispensing Information, Volume II (Advice to the Patient);

* Facts and Comparisons Patient Drug Facts; or

* Leaflets which provide patient information in compliance with rule 657--8.20(155A).

3. A current reference on drug interactions, such as:

* Phillip D. Hansten's Drug Interactions; or

* Facts and Comparisons Drug Interactions.

4. A general information reference, updated at least annually, such as:

* Facts and Comparisons with current supplements;

* United States Pharmacopeia Dispensing Information, Volume I (Drug Information for the Health Care Provider); or

* American Hospital Formulary Service with current supplements.

5. A current drug equivalency reference, including supplements, such as:

* Approved Drug Products With Therapeutic Equivalence Evaluations (FDA Orange Book);

* ABC - Approved Bioequivalency Codes; or

* USP DI, Volume III.

6. Basic antidote information or the telephone number of a poison control center.

7. Additional references as may be necessary for the pharmacist to adequately meet the needs of the patients served.

ITEM 2. Amend rule 657--15.7(124,126,155A), introductory paragraph, as follows:

657--15.7(124,126,155A) Records. Every inventory or other record required to be kept under Iowa Code chapters 124, 155A, and 205, or these board rules, shall be kept by the pharmacy and be available for at least two years from the date of such inventory or record for inspection and copying by the board or its representative, and to other authorized local, state or federal law enforcement agencies for at least two years from the date of the inventory or record except as otherwise required in this rule.

ITEM 3. Amend subrule 15.7(5), paragraph "k," as follows:

k. A biennial inventory of controlled substances shall be maintained for a minimum of four years from the date of the inventory.

[Filed 4/24/98, effective 6/24/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

ARC 8006A

PHARMACY EXAMINERS BOARD[657]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 147.76 and 155A.17, the Iowa Board of Pharmacy Examiners hereby amends Chapter 17, "Wholesale Drug Licenses," Iowa Administrative Code.

The amendment requires that the biennial inventory of controlled substances be maintained for a minimum of four years following the date of the inventory.

Notice of Intended Action was published in the March 11, 1998, Iowa Administrative Bulletin as ARC 7864A. The adopted amendment is identical to that published under Notice.

The amendment was approved during the April 15, 1998, regular meeting of the Board of Pharmacy Examiners.

This amendment will become effective on June 24, 1998.

This amendment is intended to implement Iowa Code section 155A.17.

The following amendment is adopted.

Amend subrule 17.11(2) as follows:

17.11(2) Inventories and records shall be made available for inspection and photocopying by any authorized official of any governmental agency charged with enforcement of these rules for a period of two years following disposition of the drugs. A biennial inventory of controlled substances shall be maintained for a minimum of four years from the date of the inventory.

[Filed 4/24/98, effective 6/24/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

ARC 8007A

PHARMACY EXAMINERS BOARD[657]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 147.76 and 155A.6, the Iowa Board of Pharmacy Examiners hereby amends Chapter 22, "Pharmacy Technicians," Iowa Administrative Code.

The amendment clarifies the requirements for pharmacy technicians taking new telephone prescription drug orders.

Notice of Intended Action was published in the March 11, 1998, Iowa Administrative Bulletin as ARC 7865A. The adopted amendment is identical to that published under Notice.

The amendment was approved during the April 15, 1998, regular meeting of the Board of Pharmacy Examiners.

This amendment will become effective on June 24, 1998.

This amendment is intended to implement Iowa Code sections 155A.5 and 155A.33.

The following amendment is adopted.

Amend rule 657--22.15(155A) as follows:

657--22.15(155A) New prescription drug orders or medication orders. At the discretion of the supervising pharmacist, a pharmacy technician may be allowed to accept new prescription drug orders or medication orders communicated to the pharmacy by a prescriber or by the prescriber's agent if a mechanism or procedure exists which enables the supervising pharmacist to ensure the accuracy, validity, and completeness of the information received by the pharmacy technician the pharmacy technician has received appropriate training pursuant to the pharmacy's policies and procedures. The supervising pharmacist shall remain responsible for ensuring the accuracy, validity, and completeness of the information received by the pharmacy technician.

[Filed 4/24/98, effective 6/24/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

ARC 8012A

PHARMACY EXAMINERS BOARD[657]

Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76 and Iowa Code Supplement section 155A.39, the Iowa Board of Pharmacy Examiners hereby adopts Chapter 30, "Impaired Pharmacy Professional and Technician Recovery Program," Iowa Administrative Code.

In response to Iowa Code Supplement section 155A.39, this chapter establishes a program to assist the recovery of impaired pharmacists, pharmacist-interns, and pharmacy technicians; provides for one or more contracts between the Board and an association or organization for the provision of program services; identifies individuals qualifying for assistance under the program and the terms and conditions of such a program; provides for funding of program expenses; and identifies the responsibilities, rights, and duties of all parties.

Notice of Intended Action was published in the March 25, 1998, Iowa Administrative Bulletin as ARC 7896A. The adopted rules are identical to those published under Notice.

The amendment was approved during the April 29, 1998, teleconference meeting of the Board of Pharmacy Examiners.

The amendment will become effective on June 24, 1998.

This amendment is intended to implement Iowa Code Supplement section 155A.39.

The following amendment is adopted.

Adopt new 657--Chapter 30 as follows:

CHAPTER 30

IMPAIRED PHARMACY PROFESSIONAL
AND TECHNICIAN RECOVERY PROGRAM

657--30.1(155A) Definitions. For the purpose of this chapter, the following definitions shall apply:

"Association" means a professional pharmaceutical organization, association, or society whose membership consists of Iowa pharmacy professionals or pharmacy technicians.

"Board" means the Iowa board of pharmacy examiners.

"Impairment" means the inability to practice pharmacy or perform related technical functions with reasonable safety and skill as a result of alcohol or drug abuse, dependency, or addiction, or any neuropsychological or physical disorder or disability.

"Impairment program," "recovery program," or "program" means an impaired pharmacy professional and technician recovery program established to aid the recovery of impaired pharmacists, pharmacist-interns, or pharmacy tech-nicians.

"Pharmacy professional" or "professional" means an Iowa-licensed pharmacist or an Iowa-registered pharmacist-intern.

"Pharmacy technician" or "technician" means an Iowa-registered pharmacy technician.

"Program committee" or "committee" means an impairment program provider, which may be a peer review committee or a committee of a professional pharmaceutical association or society, which has contracted with the board to provide an impairment program for the assistance of impaired Iowa pharmacy professionals and technicians.

"Recovery contract" means the written document establishing the terms for an individual professional's or technician's participation in the recovery program.

"Self-report" means the pharmacy professional's or pharmacy technician's providing written or oral notification to the board or a program provider that the professional or technician has been or may be diagnosed as having an impairment prior to the board's receiving a complaint or report alleging the same from a second party.

657--30.2(155A) Purpose, function, and responsibilities. The board is entrusted with the responsibility to protect the public health and safety through the effective regulation of professionals and technicians engaged in the practice of pharmacy in Iowa. The impaired pharmacy professional and technician recovery program is established to evaluate, assist, and monitor the recovery or rehabilitation of pharmacy professionals and pharmacy technicians whose alcohol or chemical dependency or mental or physical disability is potentially threatening to the public safety and the performance of their duties.

30.2(1) Assistance to pharmacy professionals or pharmacy technicians. The program assists impaired professionals and technicians in obtaining evaluation, treatment, aftercare, and support from the profession needed to maintain personal and professional integrity.

30.2(2) Assistance to the board. The program assists the board in monitoring the activities and professional conduct of impaired professionals and technicians to maintain their integrity and professional standing within the profession of pharmacy.

657--30.3(155A) Program committee and personnel; confidentiality; liability. Activities of program personnel shall be coordinated through the program committee. The committee shall include, but need not be limited to, the following members:

1. One currently licensed Iowa pharmacist;

2. One representative from Drake University College of Pharmacy and Health Sciences;

3. One representative from the University of Iowa College of Pharmacy;

4. The executive secretary/director of the board or the director's designee;

5. One representative from the association.

30.3(1) Committee meetings. The program committee shall convene no less than semiannually. All meetings of the program committee shall be closed to the public.

30.3(2) Proceedings and records confidential. Records and proceedings of the committee and program personnel reports shall be privileged and confidential, shall not be considered public or open records, and shall not be subject to a subpoena or to a discovery proceeding. Such records and proceedings shall not be disclosed unless the affected professional or technician so requests or as otherwise provided in rule 657--30.7(155A).

30.3(3) Immunity from civil liability. An employee or a member of the board, a committee member, an association or peer review committee, a district or local intervenor, advocate, or monitor, or any other person who furnishes information, data, reports, or records in good faith for the purpose of aiding the impaired professional or technician shall be immune from civil liability. Such person is presumed to have acted in good faith, and any person alleging a lack of good faith has the burden of proof on that issue.

30.3(4) Program security. A program provider shall take appropriate steps and shall implement procedures sufficient to ensure the confidentiality of records in the possession of the provider's personnel and the committee. Such security procedures shall include limiting to essential named personnel access to confidential program information, data, and personally identifiable records.

657--30.4(155A) Identification and referral of impaired pharmacy professionals and pharmacy technicians. A professional or technician may self-report an impairment by contacting the board or a program provider. Alternatively, a pharmaceutical peer review committee, a committee of an association, a member of the staff of a college of pharmacy, or any other concerned party may contact a program provider or the board if the reporting person or committee has knowledge which, in the opinion of the reporter, might affect the professional's or technician's competency due to impairment, or which might endanger the public health and safety, or which provides grounds for disciplinary action.

30.4(1) Board referral of self-reporting professional or technician. The board may refer a self-reporting professional or technician to the committee for evaluation and assistance. If the self-reporting professional or technician was not involved in the distribution of controlled substances or legend drugs to other individuals, and the self-reporting professional or technician agrees to participate in the impairment program, including executing a recovery contract and abiding by the terms of that contract, the board shall not disclose to the public the identity of the self-reporting professional or technician and shall not disclose to the public information regarding the professional's or technician's im-pairment.

30.4(2) Board referral of other impaired pharmacy professionals or technicians. The board may refer to the committee any professional or technician the board has determined to be in need of assistance or support in recovering from the professional's or technician's addiction or impairment. A referral to the committee may be included in the terms of a board order resulting from a contested case hearing, it may be included in the terms of a settlement agreement between the board and the professional or technician, or it may be a recommendation of the board to the professional or technician.

657--30.5(155A) Recovery contract requirements. An impaired professional or technician participating in an impairment program shall execute and abide by the terms of a recovery contract with the program committee. Such recovery contract shall identify the requirements and responsibilities of the parties to the contract.

30.5(1) Duration. The recovery contract shall specify the length of time the professional or technician shall participate in the program.

30.5(2) Noncompliance. The recovery contract shall identify acts and omissions which shall constitute noncompliance with the terms of the contract and shall include the resultant actions of the committee in the event of such noncompliance.

30.5(3) Practice restrictions. The recovery contract shall identify restrictions, if any, placed on the professional's or technician's activities regarding the practice of pharmacy and the duration of such restrictions. If the professional or technician is prohibited from practicing pharmacy during any period of the recovery contract and is subsequently deemed to be competent to return to the practice of pharmacy, there shall be prepared and executed a "back-to-work agreement" which shall become an addendum to the original program recovery contract. Any restrictions placed on the professional's or technician's practice activities shall be communicated by the professional or technician to the professional's or technician's employer who shall acknowledge receipt of and agreement with those restrictions within 15 days of the execution of the recovery contract or the recovery contract addendum.

30.5(4) Monitoring provisions. The recovery contract shall provide for the monitoring and frequency of the professional's or technician's activities and progress. Monitoring may include, but is not limited to:

a. Meetings with aftercare provider or counselor;

b. Meetings with program advocate or monitor;

c. Written or personal reports to the program committee;

d. Body fluid screening and testing or alternate screening and testing measures; and

e. Participation in addiction support group meetings such as Alcoholics Anonymous or Narcotics Anonymous.

657--30.6(155A) Program provider contract. The board may contract with one or more associations to provide a recovery program for impaired pharmacy professionals and technicians. Such programs shall include, but not be limited to, education, intervention, and posttreatment monitoring. The contract shall provide for payment by the board to the program for expenses incurred in the management and operation of the program but shall not include payment for costs incurred for a participant's initial evaluation, referral services, treatment, or rehabilitation subsequent to intervention. Detailed claims for program expenses shall be submitted to the executive secretary/director or director's designee not less than annually nor more frequently than monthly. A contract shall be renewable on an annual basis.

30.6(1) Annual reporting. An association contracting with the board pursuant to this rule shall annually prepare a written detailed accounting of program activities and expenditures for review by the board. This report shall detail education, intervention, and posttreatment monitoring activities provided under the program.

30.6(2) Quarterly reporting. An association contracting with the board pursuant to this rule shall prepare the following reports on a quarterly basis:

a. A confidential written report to the board regarding each participant's diagnosis, prognosis, and recommendations for continuing care, treatment, and supervision. Participants shall be identified by case number, and the report shall be written so as to maintain the anonymity of the participant.

b. A confidential written report to the executivesecretary/director or the director's designee regarding each participant's diagnosis, prognosis, and recommendations for continuing care, treatment, and supervision. Participants shall be identified by name. Board staff access to such confidential information, data, and personally identifiable information shall be limited to essential named personnel.

30.6(3) Notification of initial contact. An association contracting with the board pursuant to this rule shall, within 72 hours of receiving information identifying a professional or technician believed to be impaired, notify the executive secretary/director or the director's designee of the program's involvement with the individual. This notification shall identify the individual involved and, if known, the suspected impairment. Notification may be transmitted via telephone, facsimile, or in person.

30.6(4) Notification of noncompliance or refusal to participate. An association contracting with the board pursuant to this rule shall report to the board the name of a professional or technician who refuses to cooperate with the program, who refuses to submit to treatment, or whose impairment is not substantially alleviated through intervention and treatment. Such notification shall be in writing, shall identify the individual by name, shall include information regarding the alleged impairment, and shall be submitted to the board within 14 days of the individual's failure or refusal to participate.

30.6(5) Notification of imminent danger. An association contracting with the board pursuant to this rule shall report, within 72 hours, the name of an impaired professional or technician whom the committee or monitor believes to be an imminent danger to either the public or the professional or technician. Notification may be transmitted via telephone, facsimile, or in person.

30.6(6) Notification of illegal drug distribution to others. An association contracting with the board pursuant to this rule shall report, within 72 hours, the name of an impaired professional or technician where information regarding the professional's or technician's activities discloses known illegal distribution of controlled substances or legend drugs to other individuals. Notification may be transmitted via telephone, facsimile, or in person. Within 10 days of this notification, all records of the participant in the possession of the program and all information regarding the illegal drug distribution shall be delivered to the executive secretary/director or the director's designee.

30.6(7) Release of information to executive secretary/director. An association contracting with the board pursuant to this rule shall, upon request from the executive secretary/director or director's designee, release all records of a participant.

657--30.7(155A) Disclosure of information. The board may disclose information, records, and proceedings concerning an impaired professional or technician participating in a recovery program upon the request of the affected professional or technician, as provided in this rule, or as otherwise provided by law.

30.7(1) Criminal or administrative disciplinary proceeding. The board may disclose information, records, and proceedings concerning a program participant in a disciplinary hearing before the board, in a subsequent trial or appeal of a board action or order, or in a criminal proceeding.

30.7(2) Court order. The board may disclose information, records, and proceedings concerning a program participant pursuant to an order of a court of competent jurisdiction.

30.7(3) Other jurisdictions. The board may disclose information, records, and proceedings concerning a program participant to the pharmacist licensing or disciplinary authorities of other jurisdictions or to the pharmacy technician registering, licensing, or disciplinary authorities of other jurisdictions, as appropriate.

30.7(4) Practice limitations. The board may disclose that the license or registration of a participant is suspended, revoked, canceled, restricted, or retired; or that the participant is in any manner otherwise limited in the practice of pharmacy; or other relevant information pertaining to the participant which the board deems appropriate.

657--30.8(155A) Program funds. The board shall assess a surcharge of 10 percent to a pharmacist license fee, a pharmacist license renewal fee, a pharmacist-intern registration fee, a pharmacy technician registration fee, and a pharmacy technician registration renewal fee to fund programs under this chapter. The board may also accept funds made available by the federal or state government or by another public or private source to be used for such programs. Surcharges and funds collected pursuant to this rule shall be delivered to the state treasurer, shall be deposited in a fund separate from the state general fund, and shall be used exclusively to administer programs under this chapter. Expenses which may be paid from this fund include costs associated with the provision of education, intervention, posttreatment monitoring for program participants, and administrative costs incurred by the board, but shall not include costs incurred for a participant's initial evaluation, referral services, treatment, or rehabilitation subsequent to intervention.

These rules are intended to implement Iowa Code Supplement section 155A.39.

[Filed 4/30/98, effective 6/24/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

ARC 8030A

REVENUE AND FINANCE DEPARTMENT[701]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 421.17(19) and 422.68, the Iowa Department of Revenue and Finance hereby adopts amendments to Chapter 53, "Determination of Net Income," Iowa Administrative Code.

Notice of Intended Action was published in IAB, Volume XX, Number 20, on March 25, 1998, page 1771, as ARC 7898A.

Subrule 53.12(1) is amended to allow taxpayers that have received permission from the Internal Revenue Service, or have been required to change accounting methods by the Internal Revenue Service, a transitional period in which they may take both a cash basis and accrual basis deduction of federal income tax for the year of the change in accounting method to ensure that they receive a deduction for all federal taxes paid. Also, during the transitional period, any refunds of federal income tax for tax years prior to the year of change, to the extent such federal tax has not already been added to an Iowa income tax return, are required to be included in the computation of Iowa taxable income.

A transitional period is also adopted for taxpayers that change from an accrual method of accounting to a cash method of accounting to ensure that the taxpayer receives a deduction for estimated tax payments made for the year of change.

Due to comments received from the Iowa Society of CPAs, a reference to subrule 52.3(4) was added at the end of subrule 53.12(1), paragraph "d," in Item 3. Otherwise, these amendments are identical to those published under Notice of Intended Action.

These amendments will become effective June 24, 1998, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.

These amendments are intended to implement Iowa Code section 422.35.

The following amendments are adopted.

ITEM 1. Amend subrule 53.12(1), paragraph "b," as follows:

b. A corporation reporting on the cash basis may deduct 50 percent of the federal income tax on the accrual basis if an election is made upon filing the first return. If the corporation claims an accrual deduction on the first return, it shall be considered as an election. Once the election is made, the corporation may change the basis of federal income tax deduction only with the permission of the director. If a change in accounting method is approved or required by the Internal Revenue Service, the director is deemed to have approved the change in the basis of the federal tax deduction.

ITEM 2. Rescind subrule 53.12(1), paragraph "c," and adopt the following new paragraph in lieu thereof:

c. The federal income tax deduction during the transitional period following a change in accounting method from cash to accrual is the accrual deduction in the year of change, plus any cash payment of federal income tax paid in the year of the change for the tax year prior to the change in accounting method, reduced by a refund of federal income tax paid for the tax year prior to the year of the change in accounting method received in the year of the change. For the year of change and years subsequent to the year of the change, the deduction shall be the accrual deduction plus any federal income tax paid for a tax year prior to the year of change as a result of an amended federal return or federal audit, reduced by any refund of federal income tax paid for a tax year prior to the year of the change in accounting method.

ITEM 3. Amend subrule 53.12(1) by adopting the following new paragraph "d":

d. The federal income tax deduction during the transitional period following a change in accounting method from accrual to cash is the cash deduction in the year of change, plus any cash payment of federal estimated income tax paid in the year prior to the year of the change for the year of the change. Any refund of federal income tax from a tax year prior to the year of the change received in the year of the change or in a subsequent year is properly accrued to the prior tax year. Any payment of federal income tax due to an amended return or federal audit for a tax year prior to the year of the change made in the year of the change or a subsequent year is accrued to that prior tax year. (For information on amended returns, see 701--subrule 52.3(4).)

[Filed 5/1/98, effective 6/24/98]

[Published 5/20/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/20/98.

---

Previous Bulletin Table of Contents Next Bulletin

---

---

© 1998 Cornell College and League of Women Voters of Iowa

---

Comments about this site or page? lsbinfo@legis.state.ia.us.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed May 20 1:01:04 CDT 1998
URL: /Rules/1998/Bulletin/acb980520.html
sam