Pages 1974 to 2063 include ARC 9890A to ARC 9947A

Administrative rules review committee 1962

Notice, Livestock movement—definitions and
permits, 66.1 ARC 9941A 1974

Schedule for rule making 1960

Publication procedures 1961

Administrative rules on CD–ROM 1961

Agency identification numbers 1971

Notice, Shareholder lists, 7.13(2)“f,” 7.15(8)
ARC 9895A 1974

CITATION OF ADMINISTRATIVE RULES 1965

Notice, Offender telephone commissions,
20.20 ARC 9918A 1975

Filed, Private sector employment projects,
37.5 ARC 9947A 2053

Filed, Utilization of offender labor in
construction and maintenance projects,
37.6 ARC 9919A 2054

Notice, One–year conditional license, 14.15
ARC 9927A 1975

Notice, Two–year conditional license, 14.16
ARC 9929A 1976

Notice, Elementary and secondary school
counselors, 14.20 ARC 9920A 1976

Notice, General science endorsement,
14.21(17)“e” ARC 9928A 1980

Notice, Elementary and secondary principals,
14.23 ARC 9923A 1980

Notice, Two–year administrator exchange
license, 14.25 ARC 9921A 1982

Notice, Mentor endorsement, 14.34, 14.35
ARC 9930A 1982

Notice Terminated, Temporary one–year
classroom monitor authorization, 14.35
ARC 9922A 1983

Filed, Special education endorsements,
15.1, 15.2 ARC 9926A 2055

Filed, Paraeducator certificates, ch 22
ARC 9925A 2056

Notice, Driver education—qualifications for
instructors, 26.1 ARC 9936A 1983

Notice, Educational services—newly established
juvenile homes, 63.3 ARC 9937A 1983

Notice, Access to school breakfast program,
69.14, 69.15 ARC 9938A 1984

Notice, Funding for approved programs, 83.5
ARC 9939A 1984

Notice, Local option sales and services tax
for school infrastructure—capacity per pupil,
96.1, 96.2 ARC 9940A 1985

Notice, Senior living coordinating unit,
16.1 to 16.5 ARC 9892A 1985

Notice, Termination of telemedicine pilot
program, 78.45 ARC 9899A 1986

Filed, Exclusion of census income, 41.27(7),
65.29(3), 75.57(7) ARC 9900A 2058

Filed Emergency After Notice, Eligibility
guidelines—emergency food assistance
program, 73.4(3)“d” ARC 9901A 2008

Filed Emergency, Medicaid eligibility—pregnant
women and infants, 75.1(28) ARC 9902A 2008

Filed Emergency After Notice, Statewide
average costs—nursing facilities, 75.23(3),
75.24(3) ARC 9903A 2009

Filed, Elimination of genetic consultation clinic
provider category, 77.25, 78.27, 79.1(2),
79.14(1), 80.2(2), 88.48(1) ARC 9904A 2059

HUMAN SERVICES DEPARTMENT[441](Cont’d)

Filed Emergency, Medicaid rates, amendments
to chs 77 to 79, 81, 83 ARC 9905A 2010

Filed, AEA services under Medicaid;
chiropractors—Medicaid reimbursement
for X–rays, 78.8(3), 78.32 ARC 9906A 2059

Filed Emergency, Crediting of current and
delinquent support, 95.1, 95.3 ARC 9907A 2033

Filed Emergency, Child care services, 130.3(1),
130.4(3), 170.4(7) ARC 9908A 2034

Filed Emergency, Rate increases for adoption,
independent living, home studies, and shelter
care providers, 150.3(5), 150.22(7)
ARC 9909A 2036

Filed Emergency, Payment increases to foster
family and adoptive homes, 156.6(1)
ARC 9910A 2037

Filed Emergency, Iowa senior living trust fund;
nursing facility conversion and long–term care
services development grants, chs 161, 162
ARC 9911A 2038

Filed Emergency, Pregnancy prevention
programs, 163.1, 163.3(1), 163.4(2),
163.5(3) ARC 9912A 2044

Filed Emergency, Rehabilitative treatment
services providers, 185.112(1) ARC 9913A 2045

Notice, Student loan default/noncompliance
with agreement for payment of obligation;
suspension or revocation of license, 8.2, 8.3
ARC 9896A 1987

Filed, Quality award for health care facilities,
ch 54 ARC 9942A 2060

Notice Terminated, Uniform waiver and
variance, ch 3, 11.9(3) ARC 9933A 1988

Notice, Selling of goods or services by
members of the board or impaired
physician review committee (IPRC),
10.11 ARC 9932A 1989

Notice, Licensure of acupuncturists,
amendments to ch 14 ARC 9924A 1990

Notice, Wildlife refuges—Henderson and
Spring Run, 52.1(2)“a” ARC 9946A 1997

Filed, Volunteer safety/education instructor
certification, 15.9 to 15.12 ARC 9943A 2062

Filed, General dock permits, 16.1, 16.3
ARC 9944A 2062

Filed, Community forestry grant
program (CFGP), amendments to ch 34
ARC 9945A 2063

Notice, Nurse licensure compact, 2.3(2), 2.6(2),
3.1, 3.2, 3.5(2), 3.6(1), 6.1, 6.5(5), 7.1, ch 16
ARC 9917A 1997

Filed Emergency, Nurse licensure compact,
2.3(2), 2.6(2), 3.1, 3.2, 3.5(2), 3.6(1), 6.1,
6.5(5), 7.1, ch 16 ARC 9915A 2045

Filed, Practice of LPNs—infusion pumps and
hypertonic solutions, 6.5(4) ARC 9916A 2063

Notice, Commutation procedures for Class “A”
felons, 14.2, 14.5(1), 14.6 ARC 9898A 1998

Filed Emergency, Commutation procedures
for Class “A” felons, 14.2, 14.5(1), 14.6
ARC 9897A 2047

Notice, Massage therapists—license fees
and discipline; continuing education,
130.1 to 130.4, 130.7 to 130.10, 131.1
to 131.5, 131.17 to 131.19, ch 132
ARC 9931A 1998

Public Health Department[641]

PRIMECARRE loan repayment program 1973

Notice of public funds availability 1973

Summarized list 1966

Filed Emergency, Referral or finder’s fee, 1.1,
1.41 ARC 9914A 2048

Notice, Return of defective vehicles;
notice of election results, 28.1, 107.2(1),
108.2(5) ARC 9934A 2003

Notice, Application of tax payments, 104.7,
107.15, 108.4, 108.7 ARC 9935A 2004

Notice, Electronic voting equipment, 22.261
ARC 9890A 2006

Notice, Pilot project—refund of fees, 40.4
ARC 9893A 2007

Filed Emergency, Electronic voting equipment,
22.261 ARC 9891A 2048

Filed Emergency, Pilot project—refund of fees,
40.4 ARC 9894A 2052

Notice—Public funds interest rates 2007

PUBLISHED UNDER AUTHORITY OF IOWA CODE SECTIONS 2B.5 AND 17A.6

__________________________________

The Iowa Administrative Bulletin is published biweekly in pamphlet form pursuant to Iowa Code chapters 2B and 17A and contains Notices of Intended Action on rules, Filed and Filed Emergency rules by state agencies.

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.

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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

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Attn: Ms. Stephanie Cox
State Capitol
Des Moines, Iowa 50319
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The Administrative Rules Review Committee will hold its regular, statutory meeting on Tuesday, July 11, 2000, at 10 a.m. in House Committee Room 1, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

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

To All Agencies:

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.

Due to reorganization of state government by 1986 Iowa Acts, chapter 1245, it was necessary to revise the agency identification numbering system, i.e., the bracketed number following the agency name.

“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]

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]

ELDER AFFAIRS DEPARTMENT[321]

EXECUTIVE COUNCIL[361]

GENERAL SERVICES DEPARTMENT[401]

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 African–Americans, Division on the[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]

LAW ENFORCEMENT ACADEMY[501]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

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]

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]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

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

Pursuant to the authority of Iowa Code sections 159.5(11) and 163.1, the Department of Agriculture and Land Stewardship gives Notice of Intended Action to amend Chapter 66, “Livestock Movement,” Iowa Administrative Code.

These proposed amendments are intended to clarify the permitting requirements for a person engaged in the business of buying, selling, or assembling livestock for resale. These individuals are currently permitted as livestock dealers or livestock dealer’s agents. These proposed amendments require that the licensee must maintain a bond and clarify other requirements in the permitting process. The proposed amendments also add domestically raised deer, elk, and moose to the definition of livestock.

Any interested person may make written suggestions or comments on the following proposed amendments prior to 4:30 p.m. on July 19, 2000. Such written material should be directed to Dr. John Schiltz, State Veterinarian, Animal Industry Bureau, Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319. Comments can also be submitted by fax to (515) 281–4282 or by E–mail to John.Schiltz@idals.state.ia.us.

The proposed amendments do not contain any waiver provisions because the Department does not believe that waiver is appropriate for these requirements. However, the proposed bonding requirement is waived, if the licensee can show proof of a comparable bond provided to the United States Packers and Stockyards Administration.

These proposed amendments are intended to implement Iowa Code chapter 163.

The following amendments are proposed.

ITEM 1. Amend 21—Chapter 66 by rescinding the introductory note.

ITEM 2. Rescind rule 21—66.1(163) and adopt in lieu thereof the following new rule:

66.1(1) Definition. As used in this chapter, the following term is defined to have the following meaning:

“Livestock” means cattle, horses, sheep, goats, swine (other than feeder swine), or any other animals of the bovine, equine, ovine, caprine or porcine species. “Livestock” also includes all species of deer, elk, and moose raised under confinement or agricultural conditions for the production of meat, the production of other agricultural products, sport, or exhibition.

66.1(2) Livestock dealer permit required. Any person engaged in the business of buying, selling or assembling livestock by consignment for the purpose of resale, other than for resale directly to slaughter, either interstate or intrastate, shall first obtain a permit from the department to conduct business. A separate permit must be obtained for each separate location even though operated under the same management or person.

66.1(3) Livestock dealer’s agent permit required. An individual working for a person holding a permit required by subrule 66.1(2) shall obtain, in lieu of a livestock dealer permit, a permit as a livestock dealer’s agent. A person shall not act as an agent for more than one dealer at the same time. A person shall not act as an agent for a dealer and also hold a livestock dealer permit in the person’s own name.

66.1(4) Permitting period. A livestock dealer permit and a livestock dealer’s agent permit shall be issued for a time period commencing on July 1 and ending June 30 of the following year.

66.1(5) Fee for permit. The following nonrefundable fee shall accompany each application for a permit or the renewal of a permit:

1. Livestock dealer permit—$50

2. Livestock dealer’s agent permit—$10

66.1(6) Bonding requirement. An applicant for a livestock dealer permit shall submit a bond to the department with the secretary of agriculture named as trustee. The bond shall be payable for the use and benefit of any person damaged as a result of a violation of this chapter. The amount of the bond shall be calculated in the same manner and contain the same condition clauses as required by the United States Packers and Stockyards Administration as adopted in Sections 201.30 and 201.31 of Title 9, Chapter II, of the Code of Federal Regulations, revised as of May 1, 2000. However, a person applying for a permit is exempt from providing a bond if the person can show that the person has a valid bond on file and maintained with the United States Packers and Stockyards Administration in an amount equivalent to or greater than that required by federal regulations by this rule.

66.1(7) Information required. An applicant for a livestock dealer permit or a livestock dealer’s agent permit or a renewal of a permit shall provide the department with information required on the permit application including, but not limited to, the name, address, and telephone number of the applicant; a listing of any state, country, or province in which the applicant is licensed or permitted to engage in a similar business; and any past or pending legal or administrative action or investigation conducted or ongoing regarding that license or permit.

Pursuant to the authority of Iowa Code sections 17A.3 and 524.213, the Banking Division of the Commerce Department hereby gives Notice of Intended Action to amend Chapter 7, “Public Records and Fair Information Practices,” Iowa Administrative Code.

The amendments provide that shareholder lists forwarded to the Superintendent pursuant to Iowa Code section 524.541 are to be treated as reports relating to the supervision and regulation of a state bank under Iowa Code section 524.215 and the reports shall not be public records and shall not be open for examination or copying by the public or for examination or publication by the news media.

Interested persons may make written comments on the proposed amendments on or before July 18, 2000. Such written material should be directed to the Superintendent of Banking, Banking Division, Department of Commerce, 200 East Grand Avenue, Suite 300, Des Moines, Iowa 50309. Persons who want to convey their views orally should contact the Superintendent of Banking, Department of Commerce, at (515)281–4014 or at 200 East Grand Avenue, Suite 300.

Also, a public hearing will be held on Tuesday, July 18, 2000, at 10 a.m. in the Banking Division Conference Room at 200 East Grand Avenue. 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 the Superintendent of Banking at least one day prior to the date of the public hearing.

These amendments are intended to implement Iowa Code sections 524.215 and 524.541.

The following amendments are proposed.

ITEM 1. Amend paragraph 7.13(2)“f” as follows:

f. All papers, documents, reports (including shareholder lists furnished to the superintendent pursuant to Iowa Code section 524.541), reports of examinations and other writings relating specifically to the supervision and regulation of any state bank or other person by the superintendent pursuant to the laws of this state (Iowa Code section 524.215).

ITEM 2. Amend subrule 7.15(8) as follows:

7.15(8) Officers, and directors and shareholders. Lists of officers and directors filed with the superintendent pursuant to the provisions of Iowa Code section 524.515 524.541. These reports are considered open records.

Pursuant to the authority of Iowa Code section 904.508A, the Department of Corrections hereby gives Notice of Intended Action to amend Chapter 20, “Institutions Administration,” Iowa Administrative Code.

This amendment authorizes a central office account and establishes standards for the review and expenditure of revenues received from the Department’s inmate telephone system.

This amendment modifies the expenditure process and creates an approval process for institutional expenditures by the appropriate Regional Deputy Director and the Corrections Board.

Written comments may be submitted to the Office of Policy and Legal Services, 420 Keo Way, Des Moines, Iowa 50309, on or before July 18, 2000.

This amendment was approved by the Department of Corrections on June 8, 2000.

This amendment is intended to implement Iowa Code section 904.508A.

The following amendment is proposed.

Rescind rule 201—20.20(904) and adopt the following new rule in lieu thereof:

20.20(1) Definitions.

“Corrections board” means the department of corrections board.

“Deputy director of administration” means the person responsible for budgeting and planning.

“Director” means the chief executive officer of the department of corrections.

“Regional deputy director” means the person responsible for regional operation of both institution and community corrections services in either the eastern or western portions of Iowa.

“Warden/superintendent” means the chief executive officer of the institution or correctional facility.

20.20(2) Deposit of funds. The department of corrections shall deposit and account for all telephone commissions in a separate account within central office.

20.20(3) Request for funds. Each warden/superintendent will determine recurring needs and special projects and submit a written proposal to the respective regional deputy director of institutions for all expenditures and encumbrances.

20.20(4) Review and approval of expenditures. The regional deputy director of operations and the deputy director of administration will review the proposals for a quarterly presentation by the director to the corrections board for approval. All expenditures and encumbrances shall require prior approval from the corrections board and the respective regional deputy director of operations. Institutions shall not be allowed to encumber or expend funds without approval. Revenues generated by telephone commissions at each institution shall be used to determine the availability of funds for each project.

20.20(5) Permitted expenditures. The director shall advance to the corrections board for approval only projects that benefit offenders. Expenditures may include, but are not limited to, projects that provide educational, vocational or recreational services or projects, or work or treatment programs for offenders. Expenditures may also be used to initiate new programs, services, or projects. Institutions shall give spending priority to programs, services, and projects that promote the health and welfare of offenders.

This rule is intended to implement Iowa Code section 904.508A.

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 14, “Issuance of Practitioner’s Licenses and Endorsements,” Iowa Administrative Code.

The proposed amendment clarifies that a one–year conditional license is available only to those individuals who have completed a practitioner preparation program and who qualify under specific conditions.

There will be a public hearing on the proposed amendment at 1 p.m., Thursday, July 27, 2000, in Conference Room 3 South, Third Floor, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa. Persons may present their views at the public hearing orally or in writing. Persons who wish to make oral presentations at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa 50319–0147, telephone (515)281–5849, prior to the date of the public hearing.

Any interested person may make written comments or suggestions on the proposed amendment before 4:30 p.m., Friday, July 28, 2000. Written comments and suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, at the above address.

This amendment is intended to implement Iowa Code chapter 272.

The following amendment is proposed.

Amend rule 282—14.15(272), introductory paragraph, as follows:

282—14.15(272) Requirements for a one–year conditional license. A conditional license valid for one year may be issued to an individual who has completed a practitioner preparation program under the following conditions:

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 14, “Issuance of Practitioner’s Licenses and Endorsements,” Iowa Administrative Code.

The proposed amendment eliminates the requirement for an individual to teach one hour per day for 160 days if the individual does not meet the required teaching experience. The amendment also reduces the number of years of teaching experience to become a principal from five years to three years. The amendment clarifies that three years of teaching experience and three years of experience as a building principal or other PK–12 districtwide or intermediate agency experience are acceptable for becoming a superintendent.

There will be a public hearing on the proposed amendment at 2 p.m., July 27, 2000, Conference Room 3 South, Third Floor, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa. Persons may present their views at the public hearing orally or in writing. Persons who wish to make oral presentations at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa 50319–0147; or at (515) 281–5849, prior to the date of the public hearing.

Any interested person may make written comments or suggestions on the proposed amendment before 4:30 p.m., July 28, 2000. Written comments and suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, at the above address.

This amendment is intended to implement Iowa Code chapter 272.

The following amendment is proposed.

Amend rule 282—14.16(272) as follows:

282—14.16(272) Requirements for a two–year conditional license. A conditional license valid for two years may be issued to an individual under the following conditions:

If a person is the holder of a valid license and is the holder of one or more endorsements, but is seeking to obtain some other endorsement, a two–year conditional license may be issued if requested by an employer and the individual seeking this endorsement has completed at least two–thirds of the content requirements or one–half of the content requirements in a state–designated shortage area, leading to completion of all requirements for that endorsement.

If teaching experience is a requirement of the endorsement sought, a maximum of one year of teaching experience may be earned within the term of the conditional license by teaching a minimum of one hour per day for a minimum of 160 days per year in a classroom for which the applicant holds the proper endorsement. For the principal’s endorsement, three years of teaching experience must have been met prior to applying for the conditional license. For the superintendent’s endorsement, all experience requirements three years of teaching experience and three years as a building principal or other PK–12 districtwide or intermediate agency experience are acceptable for becoming a superintendent, and must have been met prior to applying for the conditional license.

A school district administrator may file a written request with the board for an exception to the minimum content requirements on the basis of documented need and benefit to the instructional program. The board will review the request and provide a written decision either approving or denying the request.

This license is not renewable.

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 14, “Issuance of Practitioner’s Licenses and Endorsements,” Iowa Administrative Code.

These proposed amendments revise the elementary and secondary school counselor competencies in subrules 14.20(5) and 14.20(6).

There will be a public hearing on the proposed amendments at 3:30 p.m., July 27, 2000, in Conference Room 3 South, Third Floor, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa. Persons may present their views at the public hearing orally or in writing. Persons who wish to make an oral presentation at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa 50319–0147, or at (515) 281–5849, prior to the date of the public hearing.

Any interested person may make written comments or suggestions on the proposed amendments before 4:30 p.m. on July 28, 2000. Written comments and suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, at the above address.

If approved, these amendments are expected to become effective August 31, 2002.

These amendments are intended to implement Iowa Code chapter 272.

The following amendments are proposed.

ITEM 1. Amend subrule 14.20(5) as follows:

14.20(5) Elementary counselor.

a. Authorization. The holder of this endorsement is authorized to serve as a school guidance counselor in kindergarten and grades one through six.

b. Program requirements.

(12) Teaching and counseling practicum. The school counselor demonstrates competency in conducting classroom sessions with elementary and middle school students. The practicum consisting of a minimum of 500 contact hours provides opportunities for the prospective counselor, under the supervision of a licensed professional school counselor, to engage in a variety of activities in which a regularly employed school counselor would be expected to participate including, but not limited to, individual counseling, group counseling, developmental classroom guidance, and consultation.

ITEM 2. Amend subrule 14.20(6) as follows:

14.20(6) Secondary counselor.

a. Authorization. The holder of this endorsement is authorized to serve as a school guidance counselor in grades seven through twelve.

b. Program requirements.

c. Content. Completion of a sequence of courses and experiences which may have been a part of, or in addition to, the degree requirements to include the following:

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 14, “Issuance of Practitioner’s Licenses and Endorsements,” Iowa Administrative Code.

The proposed amendment reinstates the general science endorsement currently issued by the Board of Educational Examiners which is scheduled to be rescinded July 1, 2000.

There will be a public hearing on the proposed amendment on July 27, 2000, at 3 p.m. in Conference Room 3 South, Third Floor, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa. Persons may present their views at the public hearing orally or in writing. Persons who wish to make oral presentations at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa 50319–0147, or at (515) 281–5849, prior to the date of the public hearing.

Any interested person may make written comments or suggestions on the proposed amendment before 4:30 p.m., July 28, 2000. Written comments and suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, at the above address.

This amendment is intended to implement Iowa Code chapter 272.

The following amendment is proposed.

Amend paragraph 14.21(17)“e” as follows:

e. General Science. 7–12. Rescinded IAB 4/7/99, effective 7/1/00. Completion of 24 semester hours in science to include coursework in biological science, chemistry, and physics.

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 14, “Issuance of Practitioner’s Licenses and Endorsements,” Iowa Administrative Code.

The proposed amendments incorporate national standards for elementary and secondary principals along with Iowa requirements. These amendments modify the licensure requirements for principals from a total course–based system to a combination of courses and competencies. The rule change also reduces the required number of years of teaching experience from five years to three years.

If approved, the amendments will become effective September 1, 2002.

There will be two public hearings on the proposed amendments at 10 a.m., Friday, September 1, 2000, and at 1 p.m. on Wednesday, September 6, 2000. Each public hearing will be in Conference Room 3 North, Third Floor, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa. Persons may present their views at the public hearings orally or in writing. Persons who wish to make oral presentation at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa 50319–0147, telephone (515)281–5849, prior to the date of the public hearing.

Any interested person may make written comments or suggestions on the proposed amendments before 4:30 p.m., September 7, 2000. Written comments and suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, at the above address.

These amendments are intended to implement Iowa Code chapter 272.

The following amendments are proposed.

Amend subrules 14.23(1) and 14.23(2) as follows:

14.23(1) Elementary principal.

a. Authorization. The holder of this endorsement is authorized to serve as a principal of programs serving children from birth through grade six.

b. Program requirements.

(1) Degree—master’s.

c. Other.

(1) Have had five three years of teaching experience, three years of which must have been at the early childhood through grade six level.

(2) Graduates from institutions in other states who are seeking initial Iowa licensure and the elementary principal’s endorsement must meet the requirements for the educational license in addition to the experience requirements.

14.23(2) Secondary principal.

a. Authorization. The holder of this endorsement is authorized to serve as a principal in grades seven through twelve.

b. Program requirements.

(1) Degree—master’s.

c. Other.

(1) Have had five three years of teaching experience, three years of which must have been at the secondary level (7–12).

(2) Graduates from institutions in other states who are seeking initial Iowa licensure and the secondary principal’s endorsement must meet the requirements for the educational license in addition to the experience requirements.

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 14, “Issuance of Practitioner’s Licenses and Endorsements,” Iowa Administrative Code.

The proposed amendments modify the two–year administrator exchange license.

There will be a public hearing on the proposed amendments at 2:30 p.m. on July 27, 2000, in Conference Room 3 South, Third Floor, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa.

Persons may present their views at the public hearing orally or in writing. Persons who wish to make an oral presentation at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa 50319–0147, or at (515)281–5849, prior to the date of the public hearing. Fax communication may be sent to (515) 281–7669.

Any interested person may make written comments or suggestions on the proposed amendments before 4:30 p.m. on July 28, 2000. Written comments and suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, at the above address.

These amendments are intended to implement Iowa Code chapter 272.

The following amendments are proposed.

Amend rule 282—14.25(272) as follows:

14.25(1) A two–year nonrenewable exchange license may be issued to an individual under the following conditions. The individual:

a. Has completed a state–approved teacher education program in a college or university approved by the state board of education or the state board of educational examiners in the individual’s home state preparation state.

b. Has completed a state–approved administrator education program in a college or university approved by the state board of education or the state board of educational examiners in the individual’s home state preparation state.

c. Holds a valid regular administrative certificate or license.

d. Is not subject to any pending disciplinary proceedings in any state.

e. Meets the experience requirements for the administrative endorsements. Verified successful completion of five three years of full–time teaching and administrative experience in other states, on a valid license, shall be considered equivalent experience necessary for the principal endorsement. Verified successful completion of eight six years of full–time teaching and administrative experience in other states, on a valid license, shall be considered equivalent experience for the superintendent endorsement provided that at least three years were as a teacher and at least three years were as a building principal or other PK–12 districtwide or area education agency administrator.

14.25(2) Each exchange license shall be limited to the area(s) and level(s) of administration as determined by an analysis of the application, the transcripts, and the license or certificate held in the state in which the basic preparation for the administrative licensure was completed.

14.25(3) Each individual receiving the two–year exchange license will have to complete any identified licensure deficiencies in order to be eligible for a regular educational and administrative license in Iowa.

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 14, “Issuance of Practitioner’s Licenses and Endorsements,” Iowa Administrative Code.

The proposed rule relates to the creation of a mentor endorsement for education personnel in grades PK–12.

There will be a public hearing on the proposed amendment at 8 a.m. on September 1, 2000, in Conference Room 3 North, Third Floor, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa.

Persons may present their views at the public hearing either orally or in writing. Persons who wish to make oral presentations at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa 50319–0147; telephone (515)281–5849, prior to the date of the public hearing.

Any interested person may make written comments or suggestions on the proposed rule before 4:30 p.m. on September 5, 2000. Written comments and suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, at the above address.

This rule is intended to implement Iowa Code chapter 272.

The following amendment is proposed.

Renumber rule 282—14.34(272) as 282—14.35(272) and adopt the following new rule 282—14.34(272).

14.34(1) Authorization. The holder of this endorsement is authorized to serve as a mentor for education personnel in grades PK through 12.

14.34(2) Program requirements.

a. Hold a valid Iowa educational or professional teacher’s license.

b. Have completed five years of verified teaching experience.

c. Have completed a state board of education–approved mentor training course of at least 40 clock hours to include the following:

(1) Adult teacher development;

(2) Styles of mentoring;

(3) Coaching techniques;

(4) Observation data gathering techniques;

(5) Training that allows a mentor to assist a beginning teacher in meeting the requirements for successful teaching pursuant to 282—14.12(272).

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on March 8, 2000, as ARC 9727A, amending Chapter 14, “Issuance of Practitioner’s Licenses and Endorsements,” Iowa Administrative Code.

The Notice proposed to adopt new rule 282—14.35(272), a temporary one–year classroom monitor authorization, as a pilot program to see if the use of such monitors would have any impact on the availability of individuals who could monitor a teacher’s classroom during the teacher’s absence. Participation by districts was to have been voluntary.

Public hearings were held on March 28, 2000, March 30, 2000, and April 3, 2000. The majority both of the written comments and those received at time of hearing were opposed to the creation of this license, and the Board was divided in its support for such an authorization. The Board is therefore terminating the rule making commenced in ARC 9727A.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to amend Chapter 26, “Driver Education,” Iowa Administrative Code.

This amendment clarifies that street or highway driving instruction may be provided by a person holding a teaching license at the elementary or secondary level or by a person certified by the Department of Transportation and authorized by the Board of Educational Examiners. The final field test for a student driver must, however, be administered by the licensed teacher.

Interested persons may comment on the proposed amendment on or before July 18, 2000. Written or oral comments should be directed to Ann McCarthy, Policy Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319; ann.mccarthy@ed.state.ia.us; telephone (515)281–3399.

This amendment is intended to implement 2000 Iowa Acts, Senate File 2313.

The following amendment is proposed.

Amend rule 281—26.1(256) as follows:

281—26.1(256) Licensure and approval Qualifications for instructors. To be qualified as a classroom or laboratory driver education instructor, a person shall have satisfied the educational requirements for a teaching license at the elementary or secondary level and hold a valid license to teach driver education in the public schools of this state. Street or highway driving instruction may be provided by a person qualified as a classroom driver education instructor or a person certified by the department of transportation and authorized by the board of educational examiners. A final field test prior to a student’s completion of an approved course shall be administered by a person qualified as a classroom driver education instructor.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to amend Chapter 63, “Educational Programs and Services for Pupils in Juvenile Homes,” Iowa Administrative Code.

This amendment increases flexibility for newly established juvenile homes requesting educational services from Area Education Agencies. Under current Iowa law, new and existing juvenile homes must file a request for educational services by December 1 of the school year prior to the year services are desired. 2000 Iowa Acts, Senate File 2294, allows newly established juvenile homes to request educational services 90 days prior to the requested delivery of the educational services.

Interested persons may comment on the proposed amendment on or before July 18, 2000. Written or oral comments should be directed to Ann McCarthy, Policy Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319; ann.mccarthy@ed.state.ia.us; telephone (515)281–3399.

This amendment is intended to implement Iowa Code section 282.30 as amended by 2000 Iowa Acts, Senate File 2294.

The following amendment is proposed.

Amend rule 281—63.3(282) as follows:

63.3(1) The department of education shall provide forms to area education agencies (AEAs) for submitting program and budget proposals and for submitting claims. The annual dates for filing forms with the department of education are January 1 of the prior fiscal year for AEAs to submit program and budget proposals, and August 1 of the subsequent fiscal year for AEAs to file claims. The department of education shall notify the AEA by February 1.

63.3(2) The department of education shall also provide forms to AEAs for use by the juvenile homes requesting educational services. These forms must be filed with the AEA annually by December 1 of the fiscal year prior to the school year for which the services are being requested or 90 days prior to the beginning of the time for which the services are being requested if the facility is a newly established facility. An AEA shall file a budget amendment for a newly established juvenile home requesting educational services 90 days prior to the initial delivery of the educational services.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to amend Chapter 69, “Waiver of School Breakfast Program Requirement,” Iowa Administrative Code.

These amendments increase flexibility for school district breakfast programs by allowing districts to offer the breakfast program at a site other than a school building.

Interested persons may comment on the proposed amendments on or before July 18, 2000. Written or oral comments should be directed to Ann McCarthy, Policy Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319; ann.mccarthy@ed.state.ia.us; telephone (515)281–3399.

These amendments are intended to implement 2000 Iowa Acts, House File 2549.

The following amendments are proposed.

ITEM 1. Amend rule 281—69.14(78GA,ch147), intro–ductory paragraph, as follows:

281—69.14(78GA,ch147) Criteria for a plan to provide safe, reasonable student access to a school breakfast program. A school board that wishes to provide safe, reasonable student access to a school breakfast program, rather than operate or provide for the operation of a school breakfast program at a specific attendance center within the district, shall develop an alternative site plan to operate the school breakfast program at another attendance center or other site within the school district and shall annually certify to the department that the plan meets the following criteria:

ITEM 2. Amend rule 281—69.15(78GA,ch147) as follows:

281—69.15(78GA,ch147) Notification requirements. The school board that wishes to provide access to a school breakfast program in accordance with this provision shall notify the parent, guardian, or legal or actual custodian of a child enrolled in the school district of the school district’s intention to develop and implement a plan to provide school breakfast programs only in certain attendance centers or other sites. At any time in which the school district proposes to make substantive changes to a plan certified with the department, the notification requirements of this rule shall apply.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to amend Chapter 83, “Beginning Teacher Induction Program,” Iowa Administrative Code.

This amendment eliminates the requirement that grant funds be distributed based upon the geographic location of the applicant school districts when available funds are insufficient to meet the grant requests. Grants will continue to be awarded based upon school district population.

Interested persons may comment on the proposed amendment on or before July 18, 2000. Written or oral comments should be directed to Ann McCarthy, Policy Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319; ann.mccarthy@ed.state.ia.us; telephone (515)281–3399.

This amendment is intended to implement 2000 Iowa Acts, Senate File 2452.

The following amendment is proposed.

Amend 281—83.5(78GA,SF464) as follows:

281—83.5(78GA,SF464) Funding for approved programs. The process to be followed in determining the amount of funds to be approved for this competitive program grant will be described in the grant application. The review criteria and point allocation for each criterion will also be described in the grant application material. The membership of the funding review committee shall be determined by the appropriate division administrator. Members shall, at minimum, include representatives from local school districts, area education agencies, and institutions of higher education. The review committee members shall allocate points per review criterion in rule 83.3(78GA,SF464). In the event the number of approved programs exceeds available funding, the department will award grants based on the geographic and district population of the school districts with approved plans. A district may receive funding for subsequent years if it has an approved plan on file with the department and also submits any additional program improvements or updates that have been implemented by the district.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to amend Chapter 96, “Local Option Sales and Services Tax for School Infrastructure,” Iowa Administrative Code.

These amendments will allow the Department to calculate the sales tax capacity per pupil for each school district as required under 2000 Iowa Acts, Senate File 2447. The sales tax capacity per pupil is one factor used to determine the local match a school district would be required to provide if applying to the Department for a grant under the School Infrastructure Program established in 2000 Iowa Acts, Senate File 2447.

Interested persons may comment on the proposed amendments on or before July 18, 2000. Written or oral comments should be directed to Ann McCarthy, Policy Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319; ann.mccarthy@ed.state.ia.us; telephone (515)281–3399.

These amendments are intended to implement 2000 Iowa Acts, Senate File 2447.

The following amendments are proposed.

ITEM 1. Amend rule 281—96.1(77GA,ch1130), definition of “combined actual enrollment,” as follows:

“Combined actual enrollment” means the sum of the students in each school district located in whole or in part in a county imposing a sales tax who are residents of that county as determined by rule 96.2(77GA,ch1130).

ITEM 2. Amend rule 281—96.2(77GA,ch1130) as follows:

281—96.2(77GA,ch1130) Reports to the department. Each school district located in whole or in part in a county where a sales tax has been imposed shall report the following to the department on forms and in the manner prescribed by the department.

96.2(1) First year of taxation in fiscal year 2000–2001. Within ten days after an election in a county where a sales tax has been adopted which is effective on January 1, 2001, each school district within the county shall report to the department the actual enrollment of the school district in the year prior to the base year September 1999 by county of residency. The department shall forward the actual enrollment to the department of management within 15 days of receipt.

96.2(2) Second year and subsequent years of taxation Reporting by county of residency. In the second year and subsequent years of taxation, each Each school district shall, by October 1, annually report the school district’s actual enrollment by the student’s county of residency according to the following:

a. to c. No change.

Pursuant to the authority of Iowa Code section 231.58, the Department of Elder Affairs hereby gives Notice of Intended Action to amend Chapter 16, “Long–Term Care Coordinating Unit,” Iowa Administrative Code.

These amendments incorporate the “senior living coordinating unit” name change and provide for the addition of four legislative members and inclusion of responsibilities relating to the Senior Living Trust Fund Act as passed by the 78th General Assembly in 2000 Iowa Acts, Senate File 2193.

Any interested person may make written suggestions or comments on the proposed amendments on or before August 1, 2000. Written comments should be directed to Dr. Judith A. Conlin, Director, Department of Elder Affairs, Clemens Building, Third Floor, 200 Tenth Street, Des Moines, Iowa 50309–3609.

Oral or written comments may be submitted at a public hearing to be held at 10 a.m. on Tuesday, August 1, 2000, in the North Conference Room, Department of Elder Affairs. 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 these amendments.

Anyone who wishes to attend the hearing and has special requirements such as hearing, vision, mobility impairments, or other special needs should notify the Department of Elder Affairs no later than 4 p.m. on Friday, July 28, 2000. Notice may be in writing or by telephone to (515)242–3325.

These amendments are intended to implement 2000 Iowa Acts, Senate File 2193.

The following amendments are proposed.

Amend 321—Chapter 16 as follows:

CHAPTER 16

LONG–TERM CARE SENIOR LIVING
COORDINATING UNIT

321—16.1(231) Purpose. The long–term care senior living coordinating unit shall develop mechanisms and procedures to improve long–term care in Iowa. In furthering this purpose, the long–term care senior living coordinating unit shall develop procedures, plans, rules and reports as identified in Iowa Code section 231.58, and shall provide direction and oversight for disbursement of moneys from the senior living trust fund established by 2000 Iowa Acts, Senate File 2193, section 4.

321—16.2(231) Organization. The long–term care senior living coordinating unit is created within the department of elder affairs.

16.2(1) Membership. The membership of the coordinating unit consists of:

a. The director of the department of human services;

b. The executive director of the department of elder affairs;

c. The director of the department of public health;

d. The director of the department of inspections and appeals; and

e. Two members appointed by the governor to terms of three years beginning July 1 and ending June 30. ; and

16.2(2) 16.2(4) Chairperson and vice–chairperson duties. The chairperson of the unit is chosen from among the voting members on an annual, rotating basis.

a. Rotation is alphabetical by department name.

b. The chairperson’s duties include:

(1) Convening and chairing unit meetings;

(2) Ensuring that unit proceedings are recorded;

(3) Ensuring that minutes of meetings are prepared and distributed;

(4) Ensuring that tentative meeting agendas are prepared and distributed; and

(5) Ensuring that all notices required by Iowa Code section 28A.4 21.4 are given.

c. The vice–chairperson of the unit is chosen from the voting members on an annual basis. The vice–chairperson shall assume the chairperson’s duties in the chairperson’s absence.

16.2(3) 16.2(5) Quorum and action.

a. A majority of the voting members of the unit constitutes a quorum.

b. Action of the unit is not taken except upon the affirmative vote of a majority of the members of the unit. Other materials considered are made a part of the unit’s minutes by reference.

c. In cases not covered by these rules, Robert’s Rules of Order, as amended, shall govern.

321—16.3(231) Meetings. The unit shall meet at least once during each calendar quarter. Meeting dates shall be set by members of the unit at the end of each meeting or by call of the chairperson upon five days’ notice.

16.4(1) The technical and administrative functions of the unit shall be apportioned among the departments of elder affairs, human services, public health, and inspections and appeals and other entities included in the CBAS committee by memorandum of agreement.

321—16.5(231) Communications. Communications to the unit shall be addressed to the department of elder affairs at the address identified in 321—subrule 2.1(2) of these rules unless otherwise specified.

These rules are intended to implement Iowa Code chapter 231 and 2000 Iowa Acts, Senate File 2193.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” appearing in the Iowa Administrative Code.

The Seventy–seventh General Assembly directed the Department to implement a three–year telemedicine pilot project effective July 1, 1997. Under this pilot, payment was made to physicians participating in a federally funded telemedicine waiver program for consultations done using the electronic transfer of medical information by interactive audiovisuals and to hospitals participating in a federally funded telemedicine waiver program for costs associated with the provision of the teleconsultive medical services.

The Seventy–eighth General Assembly directed the Department to discontinue the telemedicine pilot program on July 1, 2000. This amendment removes the rule governing the telemedicine pilot program.

This amendment does not provide for waiver in specified situations because the General Assembly directed the Department to implement this change, with no provisions for exceptions.

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319–0114, on or before July 19, 2000.

This amendment is intended to implement Iowa Code section 249A.4 and 2000 Iowa Acts, Senate File 2435, section 8, subsection 10, paragraph “a.”

The following amendment is proposed.

Rescind and reserve rule 441—78.45(249A).

Pursuant to the authority of Iowa Code section 261.126(2), the Department of Inspections and Appeals hereby gives Notice of Intended Action to amend Chapter 8, “Licensing Actions for Nonpayment of Child Support,” Iowa Administrative Code.

The proposed amendments are intended to implement Iowa Code section 261.121 and relate to licensing sanctions against individuals who default on debt owed to or collected by the College Student Aid Commission. In addition to other grounds for suspension, revocation, or denial of issuance or renewal of a license, the Department of Inspections and Appeals will also include the receipt of a certification of noncompliance from the College Student Aid Commission.

Interested persons may make written comments or suggestions on the proposed amendments on or before July 18, 2000. Written materials should be addressed to the Director, Department of Inspections and Appeals, Lucas State Office Building, East 12th and Grand Avenue, Des Moines, Iowa 50319–0083; or faxed to (515)242–6863. E–mail may be sent to jkomos@dia.state.ia.us.

The proposed amendments are not subject to waiver because the sanctions are specifically mandated by statute.

These amendments are intended to implement Iowa Code section 261.126.

The following amendments are proposed.

ITEM 1. Amend 481—Chapter 8, title, as follows:

LICENSING ACTIONS FOR NONPAYMENT OF CHILD SUPPORT AND STUDENT LOAN DEFAULT/NONCOMPLIANCE WITH AGREEMENT FOR PAYMENT OF OBLIGATION

ITEM 2. Adopt the following new rules:

8.2(1) Definitions. For the purposes of these rules, the following definitions shall apply.

“Certificate of noncompliance” means written certification from the college student aid commission to the licensing authority certifying that the licensee has defaulted on an obligation owed to or collected by the commission.

“Commission” means the college student aid commission.

“Department” means department of inspections and appeals.

“Licensing authority” means the department of inspections and appeals.

8.2(2) Denial of issuance or renewal of a license. The department shall deny the issuance or renewal of a license upon receipt of a certificate of noncompliance from the college student aid commission according to the procedures set forth in Iowa Code sections 261.121 to 261.127. In addition to the procedures contained in those sections, the following shall apply:

a. In order to process the certificate of noncompliance received by the department, the department will maintainrecords of licensees by name, current known address and social security number.

b. Upon receipt of a certificate of noncompliance duly issued by the commission, the department shall initiate procedures for denial of issuance or renewal of a license.

c. The notice required by Iowa Code section 261.126(4) shall be served by restricted certified mail, return receipt requested, or by personal service in accordance with the Iowa Rules of Civil Procedure. Alternatively, the applicant or licensee may accept service personally or through authorized counsel.

d. The department’s notice referred to in Iowa Code section 261.126(4) shall state all of the following:

(1) The licensing authority intends to deny issuance or renewal of an applicant/licensee’s license due to the receipt of a certificate of noncompliance from the commission.

(2) The applicant/licensee must contact the commission to schedule a conference or to otherwise obtain a withdrawal of a certificate of noncompliance.

(3) Unless the commission furnishes a withdrawal ofa certificate of noncompliance to the licensing authority within 30 days of the issuance of the notice under 8.2(2)“c,” the applicant/licensee’s license or application shall be denied.

e. The applicant or licensee served with a notice under 8.2(2)“c” shall not have a right to a hearing before the department but may request a court hearing pursuant to Iowa Code section 261.127. Such court hearing must be requested within 30 days of providing notice.

f. The effective date of the denial of the issuance or renewal of a license, as specified in the notice under 8.2(2)“c” and required by Iowa Code section 261.126(4), shall be 60 days following service of the notice upon the applicant or licensee.

g. The department is authorized to prepare and serve the notice required by Iowa Code section 261.126(4) upon the applicant or licensee.

h. All department fees required for application, license renewal, or license reinstatement must be paid by an applicant or licensee, and all continuing education requirements must be met before a license will be issued, renewed, or reinstated after the department has denied the issuance or renewal of a license pursuant to Iowa Code sections 261.121 to 261.127.

i. In the event an applicant or licensee timely files a district court action following service of a department notice pursuant to Iowa Code section 261.126(4), the department shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the department to proceed.

j. Upon the filing of a district court action, the applicant or licensee shall promptly file with the department a copy of the petition filed with the district court. In addition, the applicant or licensee shall provide the department with copies of all court orders and rulings entered in such action, including copies of any order entered dismissing the action, and shall provide such copies to the department within seven days of the action taken by the district court.

k. For purposes of determining the effective date of the denial of the issuance or renewal of a license, the department shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.

481—8.3(261) Suspension or revocation of a license. The department shall suspend or revoke a license upon receipt of a certificate of noncompliance from the college student aid commission according to the procedures set forth in Iowa Code sections 261.121 to 261.127. In addition to the provisions contained in those sections, the following shall apply:

8.3(1) In order to process the certificate of noncompliance received by the department, the department will maintain records of licensees by name, current known address and social security number.

8.3(2) Upon receipt of a certificate of noncompliance duly issued by the commission, the department shall initiate procedures for suspension or revocation of a license.

8.3(3) The notice required by Iowa Code section 261.126(4) shall be served by restricted certified mail, return receipt requested, or by personal service in accordance with Iowa Rules of Civil Procedure. Alternatively, the applicant or licensee may accept service personally or through authorized counsel.

8.3(4) The department’s notice referred to in Iowa Code section 261.126(4) shall state all of the following:

a. The licensing authority intends to suspend or revoke an applicant/licensee’s license due to the receipt of a certificate of noncompliance from the commission.

b. The applicant/licensee must contact the commission to schedule a conference or to otherwise obtain a withdrawal of a certificate of noncompliance.

c. Unless the commission furnishes a withdrawal of a certificate of noncompliance to the licensing authority within 30 days of the issuance of the notice under subrule 8.3(3), the applicant/licensee’s license shall be revoked or suspended.

8.3(5) The applicant or licensee served with a notice under 8.3(3) shall not have a right to a hearing before the department but may request a court hearing pursuant to Iowa Code section 261.127. Such court hearing must be requested within 30 days of providing notice.

8.3(6) The effective date of suspension or revocation of the license, as specified in the notice required under 8.3(3) and required by Iowa Code section 261.126(4), shall be 60 days following service of the notice upon the applicant or licensee.

8.3(7) The department is authorized to prepare and serve the notice required by Iowa Code section 261.126(4) upon the licensee.

8.3(8) All department fees required for application, license renewal, or license reinstatement must be paid by the applicant or licensee and all continuing education requirements must be met before a licensee will be issued, renewed, or reinstated after the department has revoked or suspended a license pursuant to Iowa Code sections 261.121 to 261.127.

8.3(9) In the event an applicant or licensee timely files a district court action following service of a department notice pursuant to Iowa Code section 261.126(4), the department shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the department to proceed.

8.3(10) Upon the filing of a district court action, the applicant or licensee shall promptly file with the department a copy of the petition filed with the district court. In addition, the applicant or licensee shall provide the department with copies of all court orders and rulings entered in such action, including copies of any order entered dismissing the action, and shall provide such copies to the department within seven days of the action taken by the district court.

8.3(11) For purposes of determining the effective date of the denial of the issuance or renewal of a license, the department shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.

ITEM 3. Amend 481—Chapter 8, implementation clause, as follows:

These rules are intended to implement Iowa Code Supplement chapter 252J and Iowa Code sections 261.121 to 261.127.

Pursuant to the authority of Iowa Code sections 147.76 and 272C.3, the Board of Medical Examiners hereby terminates rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on January 12, 2000, as ARC 9605A, proposing to adopt new Chapter 3, “Uniform Waiver and Variance,” and to amend Chapter 11, “Licensure Requirements,” Iowa Administrative Code.

The Notice proposed to adopt new Chapter 3 which would address uniform waivers and variances of the Board’s rules and to amend Chapter 11. The Board voted on June 1, 2000, to terminate the rule making since it was unable to amend the noticed rules during the 180–day Notice period.

The Board is terminating the rule making commenced in ARC 9605A and will renotice the proposed rules on uniform waivers and variances at a later date.

Pursuant to the authority of Iowa Code sections 272C.3 and 68B.4, the Board of Medical Examiners hereby gives Notice of Intended Action to amend Chapter 10, “Medical Examiners,” Iowa Administrative Code.

The Board approved the amendment to Chapter 10 during its regularly held meeting on June 1, 2000.

The proposed amendment to Chapter 10 establishes a rule that identifies the conditions under which board members may sell, either directly or indirectly, any goods or services to individuals, associations, or corporations that are subject to the regulatory authority of the Department of Public Health. The rule specifies the conditions for a proper sale including what can be authorized for sale and the required application process, as well as the limitations of the consent.

Any interested person may present written comments on the proposed rule not later than 4 p.m. on July 18, 2000. Such written materials should be sent to Ann E. Mowery, Executive Director, Board of Medical Examiners, 400 S.W. 8th Street, Suite C, Des Moines, Iowa 50309–4686.

There will be a public hearing on July 18, 2000, at 1 p.m. in the Board office, at which time persons may present their views either orally or in writing. The Board of Medical Examiners office is located at 400 S.W. 8th Street, Suite C, Des Moines, Iowa.

This amendment is intended to implement Iowa Code section 68B.4.

The following amendment is proposed.

Adopt the following new rule:

10.11(1) Application of the rule. The board members and members of the IPRC shall not sell, either directly or indirectly, any goods or services to individuals, associations, or corporations that are subject to the regulatory authority of the department except as authorized by this rule.

10.11(2) Consent. Consent shall be given by a majority of the members of the board. Consent shall not be given to an official to sell goods or services to an individual, association, or corporation regulated by the department unless all of the following conditions are met:

a. The official requesting consent does not have authority to determine whether consent should be given.

b. The official’s duties or functions are not related to the department’s regulatory authority over the individual, association or corporation to whom the goods and services are being sold, or the selling of the good or service does not affect the official’s duties or functions.

c. The selling of the good or service does not include acting as an advocate on behalf of the individual, association, or corporation to the department.

d. The selling of the good or service does not result in the official’s selling a good or service to the department on behalf of the individual, association, or corporation.

10.11(3) Authorized sales. Sales may be authorized under the following conditions:

a. A member of the board or IPRC may sell goods or services to any individual, association, or corporation regulated by any division within the department, other than the board or committee on which that official serves. This consent is granted because the sale of such goods or services does not affect the member’s duties or functions on the board or IPRC.

b. A member of the board may sell goods or services to any individual, association, or corporation regulated by the board if those goods or services are routinely provided to the public as part of that person’s regular professional practice. This consent is granted because the sale of such goods or services does not affect the board or IPRC member’s duties or functions on the board or IPRC, respectively. In the event an individual, association, or corporation regulated by the board, to whom a board or IPRC member sells goods or services is directly involved in any matter pending before the board, including a disciplinary matter, that board or IPRC member shall not participate in any deliberation or decision concerning that matter. In the event a complaint is filed with the board concerning the services provided by the board or IPRC member to a member of the public, that board or IPRC member is otherwise prohibited by law from participating in any discussion or decision by the licensing board in that case.

c. Individual application and approval are not required for the sales authorized by this rule unless there are unique facts surrounding a particular sale which would cause the sale to affect the seller’s duties or functions, would give the buyer an advantage in dealing with the board or IPRC, or would otherwise present a conflict of interest.

10.11(4) Application for consent. Prior to selling a good or service to an individual, association, or corporation subject to the regulatory authority of the department, an official must obtain prior written consent unless the sale is specifically allowed in subrule 10.11(3). The request for consent must be in writing and signed by the official requesting consent. The application must provide a clear statement of all relevant facts concerning the sale. The application should identify the parties to the sale and the amount of compensation. The application should also explain why the sale should be allowed.

10.11(5) Limitation of consent. Consent shall be in writing and shall be valid only for the activities and the time period specifically described in the consent. Consent can be revoked at any time by a majority vote of the members of the board upon written notice to the board. A consent provided under this chapter does not constitute authorization for any activity which is a conflict of interest under common law or which would violate any other statute or rule. It is the responsibility of the official requesting consent to ensure compliance with all other applicable laws and rules.

This rule is intended to implement Iowa Code section 68B.4.

Pursuant to the authority of Iowa Code sections 147.76 and 272C.4, the Board of Medical Examiners hereby gives Notice of Intended Action to amend Chapter 14, “Registration of Acupuncturists,” Iowa Administrative Code.

This proposed rule making amends the current chapter to comply with 2000 Iowa Acts, Senate File 182, which will become effective on July 1, 2000. The changes are described here:

• The new legislation eliminates registration and replaces it with licensure. This change is present throughout the proposed amendments. The proposed amendments provide a mechanism for transitioning those who have been registered to being licensed, as well as licensing those not formerly registered.

• The new legislation sets the licensure period as two years. The proposed amendments reflect this change, and the fees have been revised accordingly. In addition, the proposed amendments provide a mechanism to transition those registered annually by birth month to biennially on a date that is the same for everyone. Procedures for biennial license renewal are also included in the proposed amendments.

• The new legislation changes the definitions of “acupuncture” and “practice of acupuncture” and no longer requires physician referral. All of these changes are reflected in the proposed amendments.

• The new legislation changes the qualifications for acupuncture licensure and provides an alternate method for qualifying until July 1, 2001. The proposed amendments include the new qualifications and a mechanism by which individuals can meet the alternate method and receive Board approval and licensure by July 1, 2001.

In addition, the Board is extending continuing education to mean an array of professional development activities approved by a national organization rather than just classroom continuing education hours.

The Board approved the proposed amendments during its regularly held meeting on June 1, 2000.

Any interested person may present written comments on the proposed amendments not later than 4 p.m. on July 18, 2000. Such written materials should be sent to Ann E. Mowery, Executive Director, Board of Medical Examiners, 400 S.W. 8th Street, Suite C, Des Moines, Iowa 50309–4686.

There will be a public hearing on July 18, 2000, at 10 a.m. in the Board office, at which time persons may present their views either orally or in writing. The Board of Medical Examiners office is located at 400 S.W. 8th Street, Suite C, Des Moines, Iowa.

These amendments are intended to implement Iowa Code sections 147.1, 147.2, 147.74, and 147.80 as amended by 2000 Iowa Acts, Senate File 182, Iowa Code chapter 148E as amended by 2000 Iowa Acts, Senate File 182, and Iowa Code section 272C.3.

The following amendments are proposed.

Amend 653—Chapter 14 as follows:

CHAPTER 14
REGISTRATION LICENSURE OF ACUPUNCTURISTS

653—14.1(148E) Purpose. The registration licensure of acupuncturists is established to ensure that practitioners are qualified to provide Iowans with safe and healthful care. The provisions of Iowa Code chapters 147, 148E and 272C authorize the board of medical examiners to establish examination requirements for registration licensure; evaluate the credentials of applicants for registration licensure (147.2, 148E.3); grant certificates of registration licenses to qualified applicants (148E.2); institute continuing education requirements (272C.2); investigate complaints and reports alleging registrants that licensed acupuncturists violated statutes and rules governing the practice of acupuncture (147.55, 148E.6); and discipline registrants licensed acupuncturists found guilty of infractions as provided in state law and board rules (147.55, 148E.6).

653—14.2(148E) Scope Licensure exceptions. In accordance with Iowa Code section 148E.8 148E.3, the following rules govern those persons engaged in the practice of acupuncture not otherwise licensed by the state to practice medicine and surgery, osteopathy, osteopathic medicine and surgery, chiropractic, podiatry, or dentistry. A student practicing acupuncture under the direct supervision of a licensed acupuncturist as part of a course of study approved by the board is not required to obtain a license.

“Applicant” is means a person not otherwise authorized to practice acupuncture under Iowa Code section 148E.8 148E.3 who applies to the board for a certificate of registration license.

“Board” is means the board of medical examiners established in Iowa Code chapter 147.

“Committee” is means the allied health license and examination committee of the board with oversight responsibility for administration of the registration licensure of acupuncturists.

“Department” is means the Iowa department of public health.

“Disclosure sheet” is means the written information registered licensed acupuncturists must provide to patients on initial contact.

“Disposable needles” means presterilized needles that are discarded after initial use pursuant to Iowa Code section 148E.5.

“English proficiency” is means sufficient knowledge of the English language as evidenced by achieving a passing score on one of the following examinations:

1. TOEFL, is the Test of English as a Foreign Language administered by the Educational Testing Service.

2. TOEIC, is the Test of English for International Communication administered by the Educational Testing Service.

3. TSE, is the Test of Spoken English administered by the Educational Testing Service.

14.4(1) 14.5(2) Applicant qualifications Application for licensure. To apply for a certificate of registration license to practice acupuncture, an applicant shall:

a. Submit the completed application form provided by the board, including required credentials and documents; and

b. Pay a nonrefundable initial application fee of $300.

14.4(2) 14.5(3) Contents of the application form. Each applicant, other than current registrants, shall submit the following information on the application form provided by the board:

a. The applicant’s name, date and place of birth, and home address, mailing address and principal business address;

b. A photograph of the applicant suitable for positive identification;

c. The other jurisdictions in the United States or other nations or territories in which the applicant is authorized to practice acupuncture, including license, certificate of registration or certification numbers, date of issuance, and an explanation indicating the basis upon which authorization to practice acupuncture was received;

d. Full disclosure of the applicant’s involvement in civil litigation related to the practice of acupuncture in any jurisdiction of the United States, other nations or territories;

e. Full disclosure of any disciplinary action taken against the applicant by, but not limited to, a regulatory authority, educational institution, or health facility in any jurisdiction of the United States, other nations or territories;

f. A certified statement indicating the results of any acupuncture examination the applicant has taken in any jurisdiction of the United States, other nations or territories; The NCCAOM score report verification form submitted directly to the board by the NCCAOM;

g i. A statement of the applicant’s physical and mental health, including full disclosure and a written explanation of any dysfunction or impairment which may affect the ability of the applicant to engage in the practice of acupuncture and provide patients with safe and healthful care;

h j. A description of the applicant’s clinical acupuncture training, work experience and, where applicable, supporting documentation;

i k. An official transcript sent directly from the institution of higher education or acupuncture school attended by the applicant and, if necessary, an English translation of the official transcript; and

j l. Proof of the applicant’s proficiency in the English language, when deemed appropriate by the board or committee. the applicant has not passed the English version of the NCCAOM written and practical examinations; and

14.4(3) 14.5(5) Disclosure sheet. Pursuant to Iowa Code section 148E.4 148E.6, applicants shall also provide a copy of the disclosure sheet to be given to each patient that includes the following information:

a. The name, business address and business telephone number of the acupuncturist;

b. A fee schedule;

c. A listing of the acupuncturist’s education, experience, degrees, certificates, or other credentials related to acupuncture awarded by professional acupuncture organizations, the length of time required to obtain degrees or credentials, and experience;

d. A statement indicating any license, certificate, or registration in a health care occupation which was revoked by any local, state, or national health care agency;

e. A statement that the acupuncturist is complying with statutes and with rules adopted by the department or the board, including a statement that only presterilized, disposable needles are used by the acupuncturist; and

f. A statement that the practice of acupuncture is regulated by the department board; and

14.4(4) 14.5(6) Application cycle. Applications for initial certificate of registration licensure, except for current registrants, shall be open for 120 days from the date the application form is received in the board’s office.

a. After the 120 days, applicants shall update credentials and submit a nonrefundable reactivation of application fee of $100 unless granted an extension in writing by the committee or the board. The period for requesting reactivation of the application is limited to one year (365 days) from the date the application form is received by the board.

b. Once the application reactivation period is expired, applicants must reapply and submit a new, nonrefundable initial application fee of $300.

14.4(5) 14.5(7) Applicant responsibilities. An applicant for certificate of registration licensure to practice acupuncture bears full responsibility for each of the following:

a. Paying all fees charged by regulatory authorities, national testing or credentialing organizations, health facilities, and educational institutions providing the information specified in 14.4(2) 14.5(3);

c b. Providing accurate, up–to–date, and truthful information on the application form including, but not limited to, that specified under 14.4(2) 14.5(3) and 14.4(3) 14.5(4) related to prior professional experience, education, training, examination scores, diplomate status, licensure or registration, and disciplinary history; and

d c. Submitting English translations of documents in foreign languages bearing the affidavit of the translator certifying that the translation is a true and complete translation of the foreign language original. The applicant shall bear the expense of the translation.

14.4(6) 14.5(9) Grounds for denial of application. The board, on the recommendation of the committee, may deny an application for registration licensure for any of the following reasons:

a. Failure to meet the requirements for registration licensure specified in rule 653—l4.5 4(147,148E) as authorized by Iowa Code section 148E.3 148E.2; or of this chapter of the board’s rules.

b. Pursuant to Iowa Code section 147.4, upon any of the grounds for which registration licensure may be revoked or suspended as specified in Iowa Code sections 147.55 and 148E.6 148E.8 or in rule 653—14.12(147,148E,272C).

14.5(1) 14.4(1) Eligibility requirements for those who apply after July 1, 2001. To be registered and issued a certificate of registration licensed to practice acupuncture by the board, a person shall meet all of the following requirements:

a. Fulfill all the application requirements, as specified in 14. 4 5(147,148E).

b. Hold and provide documented evidence of NCCA certification by examination based upon a passing score on the following components of the NCCA written and practical acupuncture examination: current active status as a diplomate in NCCAOM.

c. Demonstrate sufficient knowledge of the English language to understand and be understood by patients, medical evaluators, and board and committee members.

(1) An applicant who passed the NCCA NCCAOM written and practical examination components in English may be presumed to have sufficient proficiency in English.

(2) The board may, at the recommendation of the allied health committee, choose any of the following examinations to test the English proficiency of any other applicant: the TOEFL, TOEIC, or TSE administered by the Educational Testing Service.

14.4(3) Eligibility requirements for former registrants who apply before July 1, 2001. To be licensed to practice acupuncture by the board, a former registrant shall meet all of the following requirements by July 1, 2001:

14.4(4) Eligibility requirements for individuals who apply before July 1, 2001, and who have not been registrants. To be licensed to practice acupuncture by the board, a person shall meet all of the following requirements:

a. Current registrants shall submit a completed application showing compliance with these eligibility requirements within 60 days of receiving the application by certified mail in order to continue practicing.

b. Former registrants shall be eligible for licensure if they submit a completed application showing compliance with 14.4(147,148E) and 14.5(147,148E) by July 1, 2001.

14.6(1) Display of certificate license. Registered Licensed acupuncturists shall display the certificate of registration license issued by the board in a conspicuous place in their primary place of business.

14.6(2) Approval of the disclosure sheet and time limit for revisions. Pursuant to Iowa Code section 148E.4 148E.6, upon issuing a certificate of registration license, the board shall provide notification to the registrant licensee of the approval or rejection of the disclosure sheet to be provided to patients on initial contact submitted subsequent to 14.4(3). 14.5(4)“m.”

a. The If rejected, the board shall provide the registrant licensee with a written statement explaining the reasons for rejecting the disclosure sheet submitted and indicating the necessary amendments or revisions.

b. Any revisions in the information required in 14.4(3) shall be made by the registrant in the mandatory disclosure sheet within five days of the date of notification by the board. Upon receiving the rejection, the licensee shall submit within 14 days a revised mandatory disclosure sheet to the board for its approval.

14.6(3) Distribution and retention of disclosure sheet. The registrant licensee shall distribute the disclosure sheet on initial contact with patients and retain a copy, signed and dated by the patient, for a period of at least three five years after termination of the treatment.

653—14.7(147,148E,272C) Annual Biennial renewal of registration license required. Pursuant to Iowa Code section 148E.2, registration a license is renewed annually every two years on November 1 for a fee of $150 $300 with documented evidence that the registrant licensee has completed the 15 30 hours of continuing education required by the board. Renewal shall require evidence of current active status as a diplomate in the National Commission for the Certification of Acupuncturists.

14.7(1) Expiration date. Certificates of registration licensure to practice acupuncture shall expire annually on the first day of the birth month of registrant and may be renewed by the board without examination upon written request on October 31 in even years. Those who are granted a license prior to October 31, 2000, shall receive a license that expires October 31, 2002.

14.7(2) Prorated fees. The renewal fee for a certificate of registration license issued during a calendar year shall be prorated on a monthly basis according to the date of issue and the registrant’s month and year of birth.

14.7(3) Renewal requirements and penalties for late renewal. Each registrant licensee shall be sent a renewal notice at least 60 days prior to the expiration date.

a. Pursuant to Iowa Code section 147.10, application for renewal shall be made in writing to the board accompanied by the required fee at least 30 days prior to the expiration date.

b. Every renewal shall be displayed in connection with the original certificate of registration licensure.

c. A penalty of $50 per calendar month shall be assessed by the board after the expiration date for failure to renew in a timely manner. A $50 penalty shall be assessed for renewal in the grace period, a period up until January 1 when the license lapses if not renewed.

14.7(4) Lapsed registration license. Failure of a registrant licensee to renew within three months of the expiration date by January 1 will result in invalidation of the certificate of registration license and lapsed registration the license will become lapsed. Registrants are prohibited from engaging in the practice of acupuncture once registration is lapsed.

653—14.8(147,272C) Reinstatement of a lapsed registration license. Application for reinstatement of lapsed registration does not preclude the board from taking disciplinary actions otherwise authorized in Iowa Code section 147.55 or 148E.6.

14.8(1) Reinstatement requirements. Registrants Licensees who allow their registration licenses to lapse by failing to renew may apply for reinstatement of registration a license. Pursuant to Iowa Code section 147.11, applicants for reinstatement shall:

a. Submit a completed application for reinstatement of registration a license to practice acupuncture; that includes:

b. Pay all penalties and delinquent renewal fees determined by the board in addition to a reinstatement fee of $150 $400; and.

c. Provide documented evidence of successful completion of the required number of continuing education course hours 60 PDA points.

14.8(2) Reinstatement restrictions. Pursuant to Iowa Code section 272C.3(2)“d,” the allied health committee may require a registrant licensee who fails to renew for a period of three years from the expiration date to meet any or all of the following requirements prior to reinstatement of a lapsed registration license:

b a. Provide a written statement explaining the reasons for failing to renew;

c b. Successfully complete continuing education or retraining programs in areas directly related to the safe and healthful practice of acupuncture deemed appropriate by the board or committee;

d c. Appear before the committee or board for an interview.

653—14.9(272C) Continuing education requirements—course approval. Pursuant to Iowa Code section 272C.2, a person registered and issued a certificate of registration licensed to practice acupuncture shall complete 15 hours of continuing education 30 PDA points to qualify for registration license renewal. Continuing education courses shall be certified by the AAAOM, a national organization representing state authorities that regulate acupuncturists, a professional health care association, or a medical education institution deemed appropriate by the committee or board.

14.11(1) 14.10(1) Use and disposal of needles. A registrant licensee shall use only presterilized, disposable needles and shall provide for the disposal of used needles in accordance with the requirements of the department.

14.11(2) 14.10(2) Standard of care. A registrant licensee shall be held to the same standard of care as persons licensed to practice medicine and surgery, osteopathy, and osteopathic medicine and surgery. Pursuant to Iowa Code section 272C.3, any error or omission, unreasonable lack of skill, or failure to maintain a reasonable standard of care in the practice of acupuncture constitutes malpractice and is grounds for the revocation or suspension of registration a license to practice acupuncture in this state.

14.11(3) 14.10(3) Title. An acupuncturist registered licensed under this title may use the words “registered licensed acupuncturist” or “R.A.” “L.Ac.” to connote professional standing after the registrant’s licensee’s name in accordance with Iowa Code section 147.74(18).

14.11(4) 14.10(4) Change of residence. In accordance with Iowa Code section 147.9, registrants licensees shall notify the board of changes in residence and place of practice within 14 days of moving.

14.11(5) 14.10(5) Delegation of responsibilities prohibited. The registrant licensee shall perform all aspects of acupuncture treatment on a patient. Delegation of responsibility for acupuncture treatment is strictly prohibited.

653—14.12 11(147,148E,272C) General disciplinary provisions. The board of medical examiners is authorized to take disciplinary action against any registrant licensee who violates the provisions set forth in state law and administrative rules pertaining to the safe and healthful practice of acupuncture.

14.12(1) 14.11(1) Methods of discipline. The board may impose any of the following disciplinary sanctions:

a. Revocation of registration a license;

b. Suspension of registration a license until further order of the board;

c. Nonrenewal of registration a license;

d. Restrict permanently or temporarily the performance of specific procedures, methods, acts or techniques;

e. Probation;

f. Additional or remedial education or training;

g. Reexamination;

h. Medical or physical evaluation, or alcohol or drug screening within a specific time frame at a facility or by a practitioner of the board’s choice;

i. Civil penalties not to exceed $1,000;

j. Citations and warnings as necessary; and

k. Other sanctions allowed by law as deemed appropriate.

14.12(2) 14.11(2) Discretion of the board. The board may consider the following factors when determining the nature and severity of the disciplinary sanction to be imposed:

a. The relative seriousness of the violation as it relates to assuring the citizens of Iowa a high standard of professional care.

b. The facts of the particular violation.

c. Any extenuating circumstances or other countervailing considerations.

d. Number of prior violations or complaints.

e. Seriousness of prior violations or complaints.

f. Whether remedial action has been taken.

g. Such other factors as may reflect upon the competency, ethical standards and professional conduct of the registrant licensee.

653—14.13 12(147,148E,272C) Grounds for discipline. The board may impose any of the disciplinary sanctions set forth in 14.12(1) 14.11(1) upon determining that a registrant licensee is guilty of any of the following acts or offenses:

14.13(1) 14.12(1) Fraud in procuring registration a li–cense. Fraud in procuring registration a license is the deliberate distortion of facts or use of deceptive tactics in the application for registration licensure to practice acupuncture including, but not limited to:

a. Making false or misleading statements in obtaining or seeking to obtain registration licensure;

b. Failing to disclose by deliberate omission or concealment any information the board deems relevant to the safe and healthful practice of acupuncture pursuant to Iowa Code chapters 147 and 148E;

c. Misrepresenting any fact or deed to meet the application or eligibility requirements established by this rule chapter; or

d. Filing or attempting to file a false, forged or altered diploma, certificate, affidavit, translated or other official or certified document, including the application form, attesting to the applicant’s eligibility for registration licensure to practice acupuncture in Iowa.

14.13(2) 14.12(2) Professional incompetence. Professional incompetence includes, but is not limited to:

a. Substantial lack of knowledge or ability to discharge professional obligations within the scope of the acupuncturist’s practice;

b. Substantial deviation by the registrant licensee from the standards of learning or skill ordinarily possessed and applied by other acupuncturists when acting in the same or similar circumstances;

c. Failure by an acupuncturist to exercise in a substantial respect the degree of care which is ordinarily exercised by the average acupuncturist when acting in the same or similar circumstances; or

d. Willful or repeated departure from or the failure to conform to the minimal standard of acceptable and prevailing practice of acupuncture; or.

14.13(3) 14.12(3) Fraud in the practice of acupuncture. Fraud in the practice of acupuncture includes, but is not limited to, any misleading, deceptive, untrue or fraudulent representation in the practice of acupuncture, made orally or in writing, that is contrary to the acupuncturist’s legal or equitable duty, trust or confidence and is deemed by the board to be contrary to good conscience, prejudicial to the public welfare, and potentially injurious to another. Proof of actual injury need not be established.

14.13(4) 14.12(4) Unethical conduct. Unethical conduct in the practice of acupuncture includes, but is not limited to:

a. Failing to provide patients with the information required in Iowa Code section 148E.4 148E.6 or providing false information to patients;

b. Accepting remuneration for referral of patients to other health care professionals;

c. Offering or providing remuneration for the referral of patients, excluding paid advertisements or marketing services;

d. Engaging in sexual activity or genital contact with a patient while acting or purporting to act within the scope of the acupuncture practice, whether or not the patient consented to the sexual activity or genital contact;

e. Disclosing confidential information about a patient without proper authorization; or

f. Abrogating the boundaries of acceptable conduct in the practice of acupuncture established by the profession that the board deems appropriate for ensuring that acupuncturists provide Iowans with safe and healthful care.

14.13(5) 14.12(5) Practice harmful to the public. Practice harmful or detrimental to the public in the practice of acupuncture includes, but is not limited to:

a. Failing to possess and exercise the degree of skill, learning and care expected of a reasonable, prudent acupuncturist acting in the same or similar circumstances;

b. Practicing acupuncture without reasonable skill and safety as the result of a mental or physical impairment, chemical abuse or chemical dependency;

c. Prescribing, dispensing or administering any controlled substance or prescription medication for human use; or

d. Performing any treatment or healing procedure not authorized in Iowa Code section 148E.1 or subrule 14.10(4) chapter 148E or this chapter.

14.13(6) 14.12(6) Habitual intoxication or addiction. Habitual intoxication or addiction to the use of drugs includes, but is not limited to, the inability to practice acupuncture with reasonable skill and safety as a result of the excessive use of alcohol, drugs, narcotics, chemicals or other substances on a continuing basis, or the excessive use of the same in a way which may impair the ability to practice acupuncture with reasonable skill and safety.

14.13(7) 14.12(7) Felony conviction. A felony conviction related to the practice of acupuncture or that affects the ability to practice the profession includes, but is not limited to:

a. Any conviction for any public offense directly related to or associated with the practice of acupuncture that is classified as a felony under the statutes of any jurisdiction of the United States, the United States government, or another nation or its political subdivisions; or

b. Any conviction for a public offense affecting the ability to practice acupuncture that is classified as a felony under the statutes of any jurisdiction of the United States, the United States government, or another nation or its political subdivisions and that involves moral turpitude, civility, honesty, or morals.

A copy of the record of conviction or plea of guilty or nolo contendere shall be conclusive evidence of the felony conviction.

14.13(8) 14.12(8) Misrepresentation of scope of practice by registrants licensees. Misrepresentation of a registrant’s licensee’s scope of practice includes, but is not limited to, misleading, deceptive or untrue representations about competency, education, training or skill as a registered licensed acupuncturist or the ability to perform services not authorized under the scope of this rule or subrule 14.10(4) this chapter.

14.13(9) 14.12(9) False advertising. False advertising is the use of fraudulent, deceptive or improbable statements in information provided to the public. False advertising includes, but is not limited to:

a. Unsubstantiated claims about the registrant’s licensee’s skills or abilities, the healing properties of acupuncture or specific techniques or treatments therein;

b. Presenting words, phrases, or figures which are misleading or likely to be misunderstood by the average person; or

c. Claiming extraordinary skills that are not recognized by the acupuncture profession.

14.13(10) 14.12(10) General grounds. The board may also take disciplinary action against an acupuncturist for any of the following reasons:

a. Failure to comply with the provisions of Iowa Code chapter 148E or the applicable provisions of Iowa Code chapter 147, or the failure of an acupuncturist to comply with rules adopted by the board pursuant to Iowa Code chapter 148E;

b. Failure to notify the board of any adverse judgment or settlement of a malpractice claim or action within 30 days of the date of the judgment or settlement;

c. Failure to report to the board any acts or omissions of another acupuncturist authorized to practice in Iowa that would constitute grounds for discipline under 14.13(3) 14.12(147,148E,272C) within 30 days of the date the acupuncturist initially became aware of the information;

d. Failure to comply with a subpoena issued by the board;

e. Knowingly submitting a false report of continuing education or failing to submit a required continuing education report;

f. Failure to adhere to the disciplinary sanctions imposed upon the acupuncturist by the board; or

g. Violating any of the grounds for revocation or suspension of registration licensure listed in Iowa Code chapter 147 or 148E.

653—14.14 13(272C) Procedure for peer review. Rules Rule 653—12.5 7(272C) to 12.8(272C) shall apply to peer review procedures in matters related to registered licensed acupuncturists.

653—14.15 14(272C) Reporting duties and investigation of reports. Rules 653—12.9(272C) to 12.12(272C) 12.1 (272C) to 12.3(272C) and 12.5(272C) shall apply to certain reporting responsibilities of registered licensed acupuncturists and the investigation of malpractice cases involving registered licensed acupuncturists.

653—14.16 15(272C) Immunities Complaints, immunities and privileged communications. Rules Rule 653—12.13(272C) and 12.14(272C) 12.5(17A,147,148, 272C) shall apply to matters relating to registered licensed acupuncturists.

653—14.17 16(272C) Confidentiality of investigative files. Rule 653—12.15 10(272C) shall apply to investigative files relating to registered licensed acupuncturists.

653—14.18 17 to 14.29 28 Reserved.

653—14.30 29(17A,147,148E,272C) Disciplinary procedures. Rule Rules 653—12.50(17A,147,148,272C) 12.11 (17A) to 12.43(272C), subrules 12.50(1) to 12.50(37), shall apply to disciplinary actions against registered licensed acupuncturists.

This rule is These rules are intended to implement Iowa Code sections 17A.10 to 17A.20, 147.55, 148E.6, and 272C.5 272C.3 to 272C.6, 272C.8 and 272C.9 and Iowa Code chapter 148E as amended by 2000 Iowa Acts, Senate File 182.

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 52, “Wildlife Refuges,” Iowa Administrative Code.

This amendment adds the Spring Run and Henderson areas in Dickinson County to the list of wildlife refuges.

Any interested person may make written suggestions or comments on the proposed amendment on or before July 19, 2000. Such written materials should be directed to the Wildlife Bureau Chief, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319–0034; fax (515)281–6794. Persons who wish to convey their views orally should contact the Wildlife Bureau at (515)281–6156 or at the Bureau offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on July 19, 2000, at 10 a.m. in the Fourth 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 amendment.

Any persons who intend to attend the 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 sections 456A.24 and 481A.6.

The following amendment is proposed.

Amend subrule 52.1(2), paragraph “a,” by adding the following new areas to the list of wildlife refuges:

Henderson Dickinson

Spring Run Dickinson

Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Board of Nursing hereby gives Notice of Intended Action to amend Chapter 2, “Nursing Education Programs,” Chapter 3, “Licensure to Practice – Registered Nurse/Licensed Practical Nurse,” Chapter 6, “Nursing Practice for Registered Nurses/Licensed Practical Nurses,” Chapter 7, “Advanced Registered Nurse Practitioners,” and adopt new Chapter 16, “Nurse Licensure Compact,” Iowa Administrative Code.

These amendments implement 2000 Iowa Acts, House File 2105, Nurse Licensure Compact. Amendments expand the definition of licensure to include licensure in another party state when that state is the home state. The new chapter enacts the model rules used by compact states to further define licensure in home state and multistate practice privilege and the Board’s authority to regulate.

Any interested person may make written comments or suggestions on or before September 7, 2000. Such written materials should be directed to the Executive Director, Board of Nursing, RiverPoint Business Park, 400 S.W. 8th Street, Suite B, Des Moines, Iowa 50309–4685. Persons who want to convey their views orally should contact the Executive Director at (515)281–3256, or in the Board office at 400 S.W. 8th Street, by appointment.

There will be a public hearing on September 7, 2000, at5 p.m. in the Ballroom, Kirkwood Civic Center Hotel, Fourth and Walnut, Des Moines, Iowa. Persons may present their views at the public hearing 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 proposed amendments.

These amendments are intended to implement 2000 Iowa Acts, House File 2105.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 9915A. The content of that submission is incorporated by reference.

Pursuant to the authority of Iowa Code sections 904A.4(2) and 906.3, the Board of Parole hereby gives Notice of Intended Action to amend Chapter 14, “Executive Clemency,” Iowa Administrative Code.

There have been substantial changes in the Iowa Code regarding commutation procedures for Class “A” felons since the Board’s present rules became effective on March 29, 1989. These amendments establish a new uniform procedure for the commutation procedures for Class “A” felons.

Any interested person may submit written comments on or before July 20, 2000, addressed to James C. Twedt, Senior Administrative Parole and Probation Judge, Board of Parole, Holmes Murphy Building, 420 Keo Way, Des Moines, Iowa 50309.

These amendments were also Adopted and File Emergency and are published herein as ARC 9897A. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code chapters 17A and 902.

Pursuant to the authority of Iowa Code section 147.76, the Board of Examiners for Massage Therapy hereby gives Notice of Intended Action to amend Chapter 130, “Massage Therapists,” and Chapter 131, “Continuing Education and Disciplinary Procedures,” and adopt new Chapter 132, “Continuing Education,” Iowa Administrative Code.

The proposed amendments rescind the current continuing education rules; adopt a new chapter for continuing education; renumber the rules regarding license fees and discipline; amend cross references to rules; and adopt rules implementing 2000 Iowa Acts, Senate File 2113.

Any interested person may make written comments on the proposed amendments no later than July 18, 2000, addressed to Rosalie Steele, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

The Division revised these rules according to Executive Order Number 8. The Division sent letters to the public for comment and six letters were received in return. Division staff also had input on these rules. The comments received were discussed by the Board and decisions were based on need, clarity, intent and statutory authority, cost and fairness.

A public hearing will be held on July 18, 2000, from 9 to 11 a.m. in the Fifth Floor Board Conference Room, Lucas 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 proposed amendments.

These amendments are intended to implement Iowa Code section 147.76, chapter 152C as amended by 2000 Iowa Acts, Senate File 2113, and chapter 272C.

The following amendments are proposed.

ITEM 1. Rescind rules 645—130.1(152C), 645— 130.3(152C) and 645—130.4(152C) and adopt new rules 645—130.1(152C) to 645—130.4(152C) as follows:

645—130.1(152C) Definitions. For the purpose of these rules, the following definitions apply:

“Board” means the board of examiners for massage therapy.

“Department” means the department of public health.

“Massage therapist” means a person licensed to practice the health care service of the healing art of massage therapy.

“Massage therapy” means performance for compensation of massage, myotherapy, massotherapy, bodywork, bodywork therapy, superficial hot and cold applications, vibration and topical applications, or other therapy which involves manipulation of the muscle and connective tissue of the body, excluding osseous tissue, to treat the muscle tonus system for the purpose of enhancing health, providing muscle relaxation, increasing range of motion, reducing stress, relieving pain, or improving circulation.

“Reciprocal license,” for purposes of this chapter, means that an applicant has been licensed under laws of another jurisdiction and has applied for a license from the state of Iowa.

130.2(1) The board is composed of seven persons appointed by the governor as follows:

a. Four members shall be massage therapists.

b. Three members who are not licensed massage therapists shall be representatives of the general public.

130.2(2) The board shall have the duties and responsibilities as outlined in Iowa Code chapters 130, 272C, 17A, 21, 22, 68B, and section 69.15.

130.2(3) Organization. Annually, the board shall elect a chairperson, vice–chairperson and secretary and establish standing committees as needed from its membership.

130.2(4) Meetings. The board shall:

a. Hold special meetings called by the chairperson or upon the request by four members of the board to the chairperson or board administrator. Special meetings may be held by electronic means in accordance with Iowa Code section 21.8.

b. Make available to the public the date, time, and location of board meetings. Specific information may be obtained from the Board Administrator, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

c. Make available to the public the date that board materials are due in the board office for the agenda of regularly scheduled meetings. Materials received two weeks prior to a scheduled board meeting shall be placed on the agenda. Materials from emergency or unusual circumstances may be added to the agenda with the chairperson’s approval.

d. Hold meetings that are open to the public.

(1) Anyone who has submitted materials for the agenda or who has requested to be present shall be given the opportunity to address the board.

(2) At every regularly scheduled board meeting, time shall be designated for public comment.

(3) Anyone who has not asked to address the board during public comment may be recognized by the chairperson. Acknowledgment and an opportunity to speak shall be at the discretion of the chairperson.

e. Conduct meetings following Robert’s Rules of Order.

f. Conduct business only if a quorum is present. A majority of this board shall constitute a quorum.

645—130.3(152C) Availability of forms. Copies of all forms and information may be obtained by writing to the Iowa Board of Massage Therapy Examiners, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

645—130.4(152C) Requirements for licensure. All persons acting or serving in the capacity of a massage therapist shall hold a massage therapist’s license issued by the board.

130.4(1) All applications must be made on forms supplied by the Massage Therapy Office, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

130.4(2) Application requirements are as follows:

a. Initial licensure. Applicants shall submit all of the following:

(1) A completed application form and the certificate of diploma from a board–approved school;

(2) The required license fee as stated in rule 130.7(152C);

(3) An official transcript sent directly from the school(s) to the board office; and

(4) Proof of passing the National Certification Examination for Therapeutic Massage and Bodywork administered by the testing service contracting with the National Certification Board for Therapeutic Massage and Bodywork. Proof of passing must be sent directly from the testing service to the division of professional licensure. The passing score on the written examination shall be the passing point criterion established by the national testing authority at the time the test was administered.

b. Licensure by reciprocity. An individual from another state seeking a license to practice massage therapy in Iowa will be considered on an individual basis. The applicant shall submit:

(1) An official copy of the license with the application;

(2) Verification of the license to practice massage therapy issued by the other state(s);

(3) A statement from the licensing board(s) of the other state(s) outlining the licensure requirements of that state;

(4) A certified copy of scores from the appropriate professional examination to be sent to the board, if applicable; and

(5) The required fee as stated in rule 130.7(152C).

c. Temporary license by reciprocity. The requirements for licensees of states with license requirements less stringent than those of Iowa shall submit:

(1) An official copy of the license with the application;

(2) Verification of the license to practice massage therapy issued by the other state(s);

(3) A statement from the licensing board(s) of the other state(s) outlining the licensure requirements of that state;

(4) A certified copy of scores from the appropriate professional examination to be sent to the board, if applicable;

(5) The required fee as stated in rule 130.7(152C).

The individual shall receive a temporary license by reciprocity that shall be valid for a period of up to one year and may not be renewed.

d. The board may consider applications on a case–by–case basis which do not appear on their face to meet requirements if the requirements may be alternatively satisfied by demonstrated equivalency. The burden shall be on the applicant to document that the applicant’s education and experience are substantially equivalent to the requirements which may be alternatively satisfied.

ITEM 2. Rescind rule 645—130.7(152C) and renumber 645—130.10(152C) as 645—130.7(152C).

ITEM 3. Rescind rule 645—130.8(152C) and adopt the following new rule in lieu thereof:

645—130.8(152C) Transition provisions. Prior to July 1, 2002, an applicant shall complete the following for:

130.8(1) Initial licensure.

a. Be required to pass the board–approved national certification examination;

b. Pay the applicable licensing fee; and

c. Not be required to meet the completion of curriculum of massage therapy requirements contained in Iowa Code section 152C.3, subsection 1, paragraph “a.”

130.8(2) Lapsed license.

a. Applicants with a license that has lapsed prior to July 1, 2000, who apply for reinstatement prior to July 1, 2002, shall be required to complete a reinstatement application and pay a renewal fee and reinstatement fee pursuant to Iowa Code section 147.11 and section 147.80, subsection 26. Penalty fees otherwise incurred pursuant to Iowa Code section 147.10, and continuing education requirements applicable to the period prior to licensure reinstatement, shall be waived by the board; or

b. Applicants with a license that has lapsed prior to July 1, 2000, who do not apply for reinstatement prior to July 1, 2002, shall be required to apply for reinstatement in accordance with lapsed license reinstatement provisions established by rule 645—132.6(152C).

ITEM 4. Rescind and reserve rule 645—130.9(152C).

ITEM 5. Amend 645—Chapter 131, title, as follows:

CHAPTER 131
CONTINUING EDUCATION AND
DISCIPLINARY PROCEDURES

ITEM 6. Rescind rule 645—131.1(152C) and renumber 645—131.17(152C) as 645—131.1(152C).

ITEM 7. Amend renumbered paragraph 131.1(2)“k” as follows:

k. Failure to pay any civil penalties assessed pursuant to rule 131.18(152C) or 131.19(152C) the rules.

ITEM 8. Rescind rule 645—131.2(152C) and adopt the following new rule in lieu thereof:

131.2(1) Civil penalties may be imposed upon a person or business that employs an individual who is not licensed as a massage therapist. Civil penalties may be imposed upon a person or business that employs an individual who uses the initials “L.M.T.” or the words “licensed massage therapist,” “massage therapist,” “masseur,” or “masseuse,” or any other words or titles which imply or represent that the employed person practices massage therapy but is not licensed as a massage therapist. Failure to follow the above may result in:

a. A civil penalty not to exceed $1000 on a person or business that violates this rule:

(1) Each violation is a separate offense.

(2) Each day a continued violation occurs after citation by the board is a separate offense with the maximum penalty not to exceed $10,000;

b. The board’s inspection of any facility which advertises or offers services purporting to be delivered by massage therapists;

c. A citation being sent to the alleged violator by certified mail, return receipt requested; and

d. The board’s consideration of the following in determining civil penalties:

(1) Whether the amount imposed will be a substantial economic deterrent to the violation.

(2) The circumstances leading to or resulting in the violation.

(3) The severity of the violation and the risk of harm to the public.

(4) The economic benefits gained by the violator as a result of noncompliance.

(5) The welfare or best interest of the public.

131.2(2) Civil penalties may be imposed upon a person who is practicing as a massage therapist without a license. Civil penalties may be imposed upon a person who practices as an individual and uses the initials “L.M.T.” or the words “licensed massage therapist,” “massage therapist,” “masseur,” or “masseuse,” or any other words or titles which imply or represent that the person practices massage therapy but is not licensed as a massage therapist. A person must be licensed as a massage therapist to practice in this state as a massage therapist. Failure to follow the above may result in:

a. A civil penalty not to exceed $1000 on a person who violates this rule:

(1) Each violation is a separate offense.

(2) Each day a continued violation occurs after citation by the board is a separate offense with the maximum penalty not to exceed $10,000;

b. The board’s inspection of any facility which advertises or offers services purporting to be delivered by massage therapists;

c. A citation being sent to the alleged violator by certified mail, return receipt requested;

d. The board’s consideration of the following in determining civil penalties:

(1) Whether the amount imposed will be a substantial economic deterrent to the violation.

(2) The circumstances leading to or resulting in the violation.

(3) The severity of the violation and the risk of harm to the public.

(4) The economic benefits gained by the violator as a result of noncompliance.

(5) The welfare or best interest of the public.

131.2(3) Issuing an order or citation.

a. The board shall provide a written notice and the opportunity to request a hearing on the record.

b. The hearing must be requested within 30 days of the issuance of the notice and shall be conducted according to Iowa Code chapter 17A.

c. The board may, in connection with a proceeding under this subrule, issue subpoenas to require the attendance and testimony of witnesses and the disclosure of evidence and may request the attorney general to bring an action to enforce the subpoena.

131.2(4) Judicial review.

a. A person aggrieved by the imposition of a civil penalty under this rule may seek a judicial review in accordance with Iowa Code section 17A.19.

b. The board shall notify the attorney general of the failure to pay a civil penalty within 30 days after entry of an order or within 10 days following final judgment in favor of the board if an order has been stayed pending appeal.

c. The attorney general may commence an action to recover the amount of the penalty, including reasonable attorney fees and costs.

d. An action to enforce an order under this rule may be joined with an action for an injunction.

131.2(5) A person is not in violation of the statute or rules if that person practices massage therapy for compensation while in attendance at a school offering a curriculum meeting the requirements of rule 645—130.5(152C) and is under the supervision of a member of the school’s faculty.

ITEM 9. Rescind and reserve rules 645—131.3(152C) to 645—131.5(152C), 645—131.18(152C) and 645— 131.19(152C).

ITEM 10. Adopt new 645—Chapter 132 as follows:

CHAPTER 132
CONTINUING EDUCATION

645—132.1(152C) Definitions. For the purpose of these rules, the following definitions shall apply:

“Active license” means the license of a person who is acting, functioning, and working in compliance with license requirements.

“Administrator” means the administrator of the board of examiners for massage therapy.

“Approved program/activity” means a continuing education program/activity meeting the standards set forth in these rules, which has received advance approval by the board pursuant to these rules.

“Approved sponsor” means a person or an organization sponsoring continuing education activities that has been approved by the board as a sponsor pursuant to these rules. During the time an organization, educational institution, or person is an approved sponsor, all continuing education activities of such organization, educational institution, or person may be deemed automatically approved.

“Audit” means the selection of licensees for verification of satisfactory completion of continuing education requirements during a specified time period or the selection of providers for verification of adherence to continuing provider requirements during a specified time period.

“Board” means the board of examiners for massage therapy.

“Continuing education” means planned, organized learning acts acquired during initial licensure designed to maintain, improve, or expand a licensee’s knowledge and skills in order for the licensee to develop new knowledge and skills relevant to the enhancement of practice, education, or theory development to improve the safety and welfare of the public.

“Hour of continuing education” means a clock hour spent by a licensee in actual attendance at and completion of an approved continuing education activity.

“Inactive license” means the license of a person who is not engaged in practice in the state of Iowa.

“Lapsed license” means a license that a person has failed to renew as required, or the license of a person who has failed to meet stated obligations for renewal within a stated time.

“License” means license to practice.

“Licensee” means any person licensed to practice as a massage therapist in the state of Iowa.

132.2(1) The biennial continuing education compliance period shall be run concurrently with each renewal period. Each biennium, each person who is licensed to practice as a licensee in this state shall be required to complete a minimum of 12 hours of continuing education approved by the board.

132.2(2) Requirements of new licensees. Those persons licensed for the first time shall not be required to complete continuing education as a prerequisite for the first renewal of their licenses. Continuing education hours acquired anytime from the initial licensing until the second license renewal may be used. The new licensee will be required to complete a minimum of 12 hours of continuing education per biennium for each subsequent license renewal.

132.2(3) Hours of continuing education credit may be obtained by attending and participating in a continuing education activity. These hours must be approved by the board or otherwise meet the requirements herein and be approved by the board pursuant to statutory provisions and the rules that implement them.

132.2(4) No hours of continuing education shall be carried over into the next biennium.

132.2(5) It is the responsibility of each licensee to finance the cost of continuing education.

132.3(1) General criteria. A continuing education activity which meets all of the following criteria is appropriate for continuing education credit if it is determined by the board that the continuing education activity:

a. Constitutes an organized program of learning which contributes directly to the professional competency of the licensee;

b. Pertains to subject matters which integrally relate to the practice of the profession;

c. Is conducted by individuals who have specialized education, training and experience by reason of which said individuals should be considered qualified concerning the subject matter of the program. The application must be accompanied by a paper, manual or outline which substantively pertains to the subject matter of the program and reflects program schedule, goals and objectives. The board may request the qualifications of presenters;

d. Fulfills stated program goals, objectives, or both; and

e. Provides proof of attendance to licensees in attendance including:

(1) Date, place, course title, presenter(s);

(2) Numbers of program contact hours. (One contact hour equals one hour of continuing education credit.); and

(3) Official signature or verification by program sponsor.

132.3(2) Specific criteria.

a. Continuing education hours of credit may be obtained by attending:

(1) Programs listed but not limited to: hydrotherapy; superficial hot and cold applications; vibration and topical applications; contraindications; pathology; HIV/AIDS education. Also included is therapy which involves manipulation of the muscle and connective tissue of the body to treat the muscle tonus system for the purpose of enhancing health, providing muscle relaxation, increasing range of motion, reducing stress, relieving pain, or improving circulation.

(2) Courses on herbology, aromatherapy, homeopathy and other similar areas are eligible for approval only if they specifically teach topical application techniques for professional practitioners. Only the number of hours spent on teaching, explaining or demonstrating topical application are eligible for continuing education credit and must be specifically described and scheduled in the continuing education program application.

(3) Continuing education activities of an approved sponsor.

b. The maximum number of hours in each category in each biennium is as follows:

(1) Two hours of credit per biennium may be granted for each of the following topics: professional ethics; CPR/first aid.

(2) Six hours of credit per biennium may be granted for home study courses, which include written and electronically transmitted material or video, if the following criteria are met:

1. There is an approved sponsoring person, group or agency;

2. The program meets all the criteria set forth in standards for approval of continuing education;

3. The program is accompanied by a certificate of postcourse testing which includes the participant’s examination score and the passing examination score; and

4. The program is accompanied by a certificate of completion which includes:

• Course title;

• Date of completion;

• Number of program hours; and

• Verification that the course was conducted by home study delivery.

c. Unacceptable subject matter may include but is not limited to: meditation, feng shui, personal development, practice management, communication, government regulation, insurance, collective bargaining, community service presentations or courses that do not deal with manipulation. Courses about energy–based techniques performed without physical manipulation of tissue are not eligible for approval.

132.4(1) Approval of sponsors. An applicant who desires approval as a sponsor of courses, programs, or other continuing education activities shall, unless exempted elsewhere in these rules, apply for approval to the board on the form designated by the board stating the applicant’s educational history for the preceding two years or proposed plan for the next two years.

a. The form shall include the following:

(1) Date(s), location, course title(s) offered and program description;

(2) Total hours of instruction presented;

(3) Names and qualifications of instructors including résumés or vitae; and

(4) Evaluation form(s).

b. Records shall be retained by the sponsor for four years.

c. Attendance record report. The person or organization sponsoring an approved continuing education activity shall provide a certificate of attendance or verification to the licensee providing the following information:

(1) Program date(s);

(2) Course title and presenter;

(3) Location;

(4) Number of clock hours attended and continuing education hours earned;

(5) Name of sponsor and sponsor number;

(6) Licensee’s name; and

(7) Method of presentation.

d. All approved sponsors shall maintain a copy of the following:

(1) The continuing education activity;

(2) List of enrolled licensees’ names and license numbers; and

(3) Number of continuing education clock hours awarded for a minimum of four years from the date of the continuing education activity.

The sponsor shall submit a report of all continuing education programs conducted in the previous year during the assigned month for reporting designated by the board. The reportshall include a summary of the evaluations completed by thelicensees.

132.4(2) Prior approval of programs/activities. An organization or person other than an approved sponsor that desires prior approval of a course, program or other educational activity or that desires to establish approval of such activity prior to attendance shall apply for approval to the board on a form provided by the board at least 60 days in advance of the commencement of the activity. The board shall approve or deny such application in writing within 30 days of receipt of such application. The application shall state:

a. The date(s);

b. Course(s) offered;

c. Program itinerary;

d. Total hours of instruction; and

e. Names and qualifications of speakers and other pertinent information.

The organization or person shall be notified of approval or denial by ordinary mail.

132.4(3) Review of programs. Continuing educationprograms/activities shall be reported every year at the designated time assigned by the board. The board may at any time reevaluate an approved sponsor or program. If, after reevaluation, the board finds there is cause for revocation of the approval of an approved sponsor, the board shall give notice of the revocation to that sponsor by certified mail. The sponsor shall have the right to hearing regarding the revocation. The request for hearing must be sent within 20 days after the receipt of the notice of revocation. The hearing shall be held within 90 days after the receipt of the request for hearing. The board shall give notice by certified mail to the sponsor of the date set for the hearing at least 30 days prior to the hearing. The board shall conduct the hearing in compliance with rule 645—11.9(17A).

132.4(4) Postapproval of activities. A licensee seeking credit for attendance and participation in an educational activity which was not conducted by an approved sponsor or otherwise approved shall submit to the board, within 60 days after completion of such activity, the following:

a. The date(s);

b. Course(s) offered;

c. Program description;

d. Total hours of instruction and credit hours requested;

e. Names and qualifications of speakers and other pertinent information;

f. Request for credit which includes a brief summary of the activity; and

g. Certificate of attendance or verification.

Within 90 days after receipt of such application, the board shall advise the licensee in writing by ordinary mail whether the activity is approved and the number of hours allowed. A licensee not complying with the requirements of this subrule may be denied credit for such activity.

132.4(5) Voluntary relinquishment. The approved sponsor may voluntarily relinquish sponsorship by notifying the board office in writing.

645—132.5(152C) Reporting continuing education by licensee. At the time of license renewal, each licensee shall be required to submit a report on continuing education to the board on a board–approved form.

132.5(1) The information on the form shall include:

a. Title of continuing education activity;

b. Date(s);

c. Sponsor of the activity;

d. Board–approved sponsor number;

e. Number of continuing education hours earned; and

f. Teaching method used.

132.5(2) Audit of continuing education report. After each educational biennium, the board will audit a percentage of the continuing education reports before granting the renewal of licenses to those being audited.

a. The board will select licensees to be audited.

b. The licensee shall make available to the board for auditing purposes a copy of the certificate of attendance or verification for all reported activities that includes the following information:

(1) Date, location, course title, schedule (brochure, pamphlet, program, presenter(s)), and method of presentation;

(2) Number of contact hours for program attended; and

(3) Certificate of attendance or verification indicating successful completion of course.

c. For auditing purposes, the licensee must retain the above information for two years after the biennium has end–ed.

d. Submission of a false report of continuing education or failure to meet continuing education requirements may cause the license to lapse and may result in formal disciplinary action.

e. All renewal license applications that are submitted late (after the end of the compliance period) may be subject to audit of the continuing education report.

f. Failure to receive the renewal application shall not relieve the licensee of responsibility of meeting continuing education requirements and submitting the renewal fee by the end of the compliance period.

645—132.6(152C) Reinstatement of lapsed license. Failure of the licensee to renew within 30 days after expiration date shall cause the license to lapse. A person who allows the license to lapse cannot engage in practice in Iowa without first complying with all regulations governing reinstatement as outlined in the board rules. A person who allows the license to lapse may apply to the board for reinstatement of the license. Reinstatement of the lapsed license may be granted by the board if the applicant:

1. Submits a written application for reinstatement to the board;

2. Pays all of the renewal fees then due;

3. Pays all penalty fees which have been assessed by the board for failure to renew;

4. Pays reinstatement fee;

5. Provides evidence of satisfactory completion of continuing education requirements during the period since the license lapsed. The total number of continuing education hours required for license reinstatement is computed by multiplying 12 by the number of bienniums since the license lapsed to a maximum of five bienniums or 60 continuing education hours; and

6. Completes the National Certification Examination for Therapeutic Massage and Bodywork successfully within one year immediately prior to the submission of such application for reinstatement.

645—132.7(152C,272C) Continuing education waiver for active practitioners. A massage therapist licensed to practice massage therapy shall be deemed to have complied with the continuing education requirements of this state during the period that the licensee serves honorably on active duty in the military services or as a government employee outside the United States as a practicing massage therapist.

645—132.8(152C,272C) Continuing education exemptions for inactive practitioners. A licensee who is not engaged in practice in the state of Iowa may be granted a waiver of continuing education compliance and obtain a certificate of waiver upon written application to the board. The application shall contain a statement that the applicant will not engage in the practice of massage therapy in Iowa without first complying with all regulations governing reinstatement after waiver. The application for a certificate of waiver shall be submitted upon forms provided by the board.

645—132.9(152C,272C) Continuing education waiver for disability or illness. The board may, in individual cases involving disability or illness, grant waivers of the minimum education requirements or extension of time within which to fulfill the same or make the required reports. No waiver or extension of time shall be granted unless written application therefor shall be made on forms provided by the board and signed by the licensee and appropriate licensed health care practitioners. The board may grant waiver of the minimum educational requirements for any period of time not to exceed one calendar year from the onset of disability or illness. In the event that the disability or illness upon which a waiver has been granted continues beyond the period of waiver, the licensee must reapply for an extension of the waiver. The board may, as a condition of any waiver granted, require the applicant to make up a certain portion or all of the minimum educational requirements waived by such methods as may be prescribed by the board.

645—132.10(152C,272C) Reinstatement of inactive practitioners. Inactive practitioners who have been granted a waiver of compliance with these rules and obtained a certificate of waiver shall, prior to engaging in the practice of massage therapy in the state of Iowa, satisfy the following requirements for reinstatement.

132.10(1) Submit written application for reinstatement to the board upon forms provided by the board with appropriate reinstatement fee; and

132.10(2) Furnish in the application evidence of one of the following:

a. Satisfactory completion of continuing education requirements during the period since the license became inactive. The total number of continuing education hours required for license reinstatement is computed by multiplying 12 by the number of bienniums since the license lapsed to a maximum of five bienniums or 60 continuing education hours.

b. Successful completion of the National Certification Examination for Therapeutic Massage and Bodywork within one year immediately prior to the submission of such application for reinstatement.

645—132.11(272C) Hearings. In the event of denial, in whole or part, of any application for approval of a continuing education program or credit for continuing education activity, the applicant, licensee or program provider shall have the right within 20 days after the sending of the notification of denial by ordinary mail to request a hearing which shall be held within 90 days after receipt of the request for hearing. The hearing shall be conducted by the board or an administrative law judge designated by the board, in substantial compliance with the hearing procedure set forth in rule 645—11.9(17A).

These rules are intended to implement Iowa Code section 272C.2, chapter 152C as amended by 2000 Iowa Acts, Senate File 2113, and chapter 272C.

Pursuant to the authority of Iowa Code sections 421.14 and 422.68, the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 28, “Definitions,” Chapter 107, “Local Option Sales and Service Tax,” and Chapter 108, “Local Option School Infrastructure Sales and Service Tax,” Iowa Administrative Code.

Item 1 amends 701—28.1(423) to implement a new provision found in 2000 Iowa Acts, Senate File 2315, section 3, which states that a return of a vehicle to a manufacturer under Iowa’s lemon law provisions is not a “use” in Iowa. Items 2 and 3 implement 2000 Iowa Acts, House File 2136, by amending 701—107.2(422B) and 108.2(5), respectively, to require that the notice by the county auditor to the director regarding the imposition, repeal, or change in the rate of the tax be made by providing the director a copy of the abstract of votes.

The proposed amendments will not necessitate additional expenditures by political subdivisions or agencies and entities which contract with political subdivisions.

Any person who believes that the application of the discretionary provisions of these amendments would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.

The Department has determined that these proposed amendments may have an impact on small business. The Department has considered the factors listed in Iowa Code Supplement section 17A.4A. The Department will issue a regulatory analysis as provided in Iowa Code Supplement section 17A.4A if a written request is filed by delivery or by mailing postmarked no later than July 31, 2000, to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306. The request may be made by the Administrative Rules Review Committee, the Administrative Rules Coordinator, at least 25 persons signing that request who qualify as a small business, or an organization representing at least 25 such persons.

Any interested person may make written suggestions or comments on these proposed amendments on or before July 28, 2000. Such written comments should be directed to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.

Persons who want to convey their views orally should contact the Policy Section, Compliance Division, Department of Revenue and Finance, at (515)281–4250 or at the Department of Revenue and Finance offices on the fourth floor of the Hoover State Office Building.

Requests for a public hearing must be received by July 21, 2000.

These amendments are intended to implement Iowa Code section 322G.12 as amended by 2000 Iowa Acts, Senate File 2315, section 3, Iowa Code section 422B.1(6) and section 422E.2(4) as amended by 2000 Iowa Acts, House File 2136, sections 36 and 37.

The following amendments are proposed.

ITEM 1. Amend rule 701—28.1(423) by adopting the following new second unnumbered paragraph:

Laws governing the return of defective vehicles by a purchaser, commonly known as “lemon laws,” are found in Iowa Code chapter 322G. Under Iowa Code chapter 322G, the return of a qualifying defective vehicle to a manufacturer is not a taxable “use.” Consequently, the transfer of the vehicle from a purchaser to a manufacturer pursuant to Iowa Code chapter 322G and the titling and registration of that vehicle by the manufacturer are not subject to Iowa use tax. For refund of use tax paid by a purchaser of a vehicle that is returned under Iowa Code chapter 322G, see 701—34.3(423).

ITEM 2. Amend 701—107.2(422B) as follows:

Amend subrule 107.2(1) by adopting the following new second unnumbered paragraph:

Within ten days of the election at which a majority of those voting in favor of the question of imposition, repeal, or change in the rate of tax, the county auditor must give notice of the election results to the director in the form of a copy of the abstract of votes.

Amend the implementation clause as follows:

This rule is intended to implement Iowa Code sections section 422B.1 as amended by 2000 Iowa Acts, House File 2136, section 36, and Iowa Code Supplement section 422B.8 as amended by 1999 Iowa Acts, chapter 151, section 31, and Iowa Code section 422B.9 as amended by 1999 Iowa Acts, chapter 156.

ITEM 3. Amend rule 701—108.2(422E) as follows:

Amend subrule 108.2(5) as follows:

108.2(5) Notice of election results. The county auditor must give written notice by certified mail to the director of the results of an election in which a majority of those voting on the question favors the imposition, repeal, or change in the rate of the tax, within ten days of the date of the election. This written notice must consist of a copy of the abstract of ballot votes from the favorable election. For the purposes of this rule, “abstract of ballot” means abstract of votes as set forth in 721—21.803(4). For a definition of “abstract of votes” see 721—21.803(4).

Amend the implementation clause as follows:

This rule is intended to implement Iowa Code Supplement section 422E.2 as amended by 1999 Iowa Acts, chapters 151 and 156 2000 Iowa Acts, House File 2136, section 37.

Pursuant to the authority of Iowa Code sections 421.17(19) and 422.68, the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 104, “Hotel and Motel—Filing Returns, Payment of Tax, Penalty, and Interest,” Chapter 107, “Local Option Sales and Service Tax,” and Chapter 108, “Local Option School Infrastructure Sales and Service Tax,” Iowa Administrative Code.

Item 1 amends rule 701—104.7(422A) to implement application of payments based on a ratio formula for payments of tax received on a combined state sales and hotel and motel tax return. Items 2 and 3 amend chapters 107 and 108 to add new rule 701—107.15(422B) and amend existing rule 701— 108.4(422E), respectively, to implement application of payments received based on a ratio formula for payments of tax received on a combined state sales and local option return. Item 4 amends rule 701—108.7(422E) to provide that the enrollment numbers for the distribution formula for local option school infrastructure sales and service tax are based on the actual enrollments reported for the previous fiscal year from the date of implementation of the tax.

The proposed amendments will not necessitate additional expenditures by political subdivisions or agencies and entities which contract with political subdivisions.

Any person who believes that the application of the discretionary provisions of these amendments would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions.

The Department has determined that these proposed amendments may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.4A [1998 Iowa Acts, chapter 1202, section 10]. The Department will issue a regulatory analysis as provided in Iowa Code section 17A.4A [1998 Iowa Acts, chapter 1202, section 10] if a written request is filed by delivery or by mailing postmarked no later than July 31, 2000, to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306. The request may be made by the Administrative Rules Review Committee, the Administrative Rules Coordinator, at least 25 persons signing that request who each qualify as a small business or an organization representing at least 25 such persons.

Any interested person may make written suggestions or comments on these proposed amendments on or before July 28, 2000. Such written comments should be directed to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.

Persons who want to convey their views orally should contact the Policy Section, Compliance Division, Department of Revenue and Finance, at (515)281–4250 or at the Department of Revenue and Finance offices on the fourth floor of the Hoover State Office Building.

Requests for a public hearing must be received by July 21, 2000.

These amendments are intended to implement Iowa Code chapters 422A, 422B, and 422E.

The following amendments are proposed.

ITEM 1. Amend rule 701—104.7(422A) as follows:

701—104.7(422A) Application of payments. Since a combined hotel and motel tax and quarterly sales tax return is utilized by the department, all payments received will be first applied to satisfy hotel and motel tax liabilities. Since a combined hotel and motel tax and quarterly state sales tax return is utilized by the department, all payments received with the return will be applied to satisfy state sales tax and hotel and motel tax liabilities, which include penalty and interest. Application of partial payments received with the tax return and any subsequent partial payment received for that tax period will be applied based on a ratio formula, unless properly designated by the taxpayer as provided in Iowa Code section 421.60(2)“d.” The denominator in the ratio shall be the total of the hotel and motel tax due and the state sales tax due less any monthly sales tax deposits. The numerators in the ratio formula shall be the amounts of hotel and motel tax due and the net state sales tax due.

All revenues received under Iowa Code chapter 422A are to be credited to the “local transient guest tax fund.” Revenues include all interest and penalties applicable to any hotel and motel tax report or remittance, whether resulting from delinquencies or audits. All revenues received or moneys refunded 180 days after the date on which a city or county terminates its local hotel and motel tax shall be deposited in or withdrawn from the state general fund. The 180–day limitation applies to actual receipts or disbursements and not to accrued but unpaid tax liabilities or potential refunds.

This rule is intended to implement Iowa Code section 422A.1.

ITEM 2. Amend 701—Chapter 107 by adopting new rule 701—107.15(422B) as follows:

701—107.15(422B) Application of payments. Since a combined state sales and local option return is utilized by the department, all payments received will be applied to satisfy state sales tax and local option sales and service tax, which include tax, penalty and interest. Application of payments received with the tax return and any subsequent payments received will be applied based on a ratio formula, unless properly designated by the taxpayer as provided in Iowa Code section 421.60(2)“d.” The ratio for applying all payments received with the return and all subsequent payments for the given tax period will be based upon the calculated total of state sales and local option sales and service tax due for the given tax period in relation to combined total payment of sales and local option sales and service tax actually received for that tax period.

This rule is intended to implement Iowa Code Supplement section 422B.10.

ITEM 3. Amend rule 701—108.4(422E) as follows:

701—108.4(422E) Similarities to the local option sales and service tax imposed in Iowa Code chapter 422B and 701—Chapter 107. The administration of the tax imposed under this chapter is similar to the local option tax imposed under Iowa Code chapter 422B and 701—Chapter 107. As a result, a few of the rules set forth in 701—Chapter 107 arealso applicable and govern the local option sales and service school infrastructure tax as well. Accordingly, the following rules are incorporated by reference into this chapter and will govern their respective topics in relation to the local option sales and service school infrastructure tax:

1. 701—107.7(422B) Special rules regarding utility payments.

2. 701—107.8(422B) Contacts with county necessary to impose collection obligation upon a retailer.

3. 701—107.12(422B) Computation of local option tax due from mixed sales on excursion boats.

4. 701—107.13(421,422B) Officers and partners, personal liability for unpaid tax.

This rule is intended to implement Iowa Code section 422E.3.

ITEM 4. Amend rule 701—108.7(422E) as follows:

701—108.7(422E) Local option school infrastructure sales and service tax payments to school districts. The director of revenue and finance within 15 days of the beginning of each fiscal year shall send to each school district where the local option school infrastructure sales and service tax is imposed an estimate of the tax moneys each school district will receive for the year and for each month of the year. At the end of each month, the director may revise the estimates for the year and remaining months. The director shall remit 95 percent of the estimated monthly tax receipts for the school district to the school district on or before August 31 of the fiscal year and the last day of each month thereafter. The director shall remit a final payment of the remainder of tax money due for the fiscal year before November 10 of the next fiscal year. If an overpayment has resulted during the previous fiscal year, the first payment of the new fiscal year shall be adjusted to reflect any overpayment. Effective on or after May 20, 1999, an adjustment for an overpayment that has resulted during the previous fiscal year will be reflected beginning with the November payment.

If more than one school district or a portion of a school district is located within the county, tax receipts shall be remitted to each school district or portion of a school district in which the county tax is imposed in a pro–rata share based upon the ratio which the percentage of actual enrollment for the school district that attends school in the county bears to the percentage of the total combined actual enrollments for all school districts that attend school in the county. A student’s enrollment is based on the residency of the student. The formula to compute this ratio is the following:

The combined actual enrollment for the county, for purposes of this tax, shall be determined for each county imposing the tax under this rule by the Iowa department of management based on the actual enrollment figures reported by October 1 of each year to the department of management by the department of education pursuant to Iowa Code section 257.6(1). Enrollment figures to be used for the purpose of this formula are the enrollment figures reported by the department of education for the fiscal year preceding the favorable vote by a county to implement date of implementation of the local option school infrastructure sales and service tax.

EXAMPLE: In November of 1998 1999, Polk County holds a valid election that results in a favorable vote to impose the local option school infrastructure sales and service tax. The tax will be implemented in Polk County on July 1, 2000. The fiscal year preceding the implementation of the tax is July 1, 1999, through June 30, 2000. To determine the proper ratio of funds to be distributed to the multiple school districts located in Polk County, the enrollment figures reported by the department of education to the department of management by October of 1997 1999 must be obtained to compute the formula as set forth.

For additional information regarding the formula for tax revenues to be distributed to the school districts, see the department of education’s rules regarding this tax under 281— Chapter 96, Iowa Administrative Code.

This rule is intended to implement Iowa Code Supplement section 422E.3 as amended by 1999 Iowa Acts, chapter 156, section 19.

Pursuant to the authority of Iowa Code section 52.5, the Secretary of State hereby gives Notice of Intended Action to amend Chapter 22, “Alternative Voting Systems,” Iowa Administrative Code.

Iowa Code section 52.5 requires that before actual use by a county of a particular electronic voting system which has been approved for use in this state, the state commissioner shall formulate, with the advice and assistance of the examiners, and adopt rules governing the development of vote counting programs and all procedures used in actual counting of votes by means of that system. These proposed amendments reflect changes made to the AIS 100 precinct ballot counter and approved for use in Iowa by the Iowa Board of Examiners for Voting Machines and Electronic Voting Systems on May 12, 2000.

Due to a change in the ownership of the vendor, this voting equipment is now called “ES&S Model 100.” The proposed amendments to rule 22.261(52) reflect technical additions, changes and deletions made by the vendor to messages that are displayed on the machine. Instructions to the precinct election officials have also been revised to provide guidance in responding to the messages. The most significant change is the addition of the “unidentified mark” error message. If the ballot scanner detects a mark within a voting target that is not dark enough to meet the technical standard to be considered and counted as a vote, the machine will return the ballot to the voter so the voter can decide whether the mark should be darkened, or whether the mark was unintended and the ballot should be replaced and remarked.

Any interested person may make written suggestions or comments on the proposed amendments on or before Tuesday, July 18, 2000. Written comments should be sent to the Elections Division, 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, July 18, 2000, at 1:30 p.m. at the office of the Secretary of State, Second Floor, Hoover State Office Building. People 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 rule. Persons planning to attend the hearing shall notify the Director of Elections by telephone at (515)281–5823 or by fax at (515) 242–5953 no later than 4:30 p.m. on Monday, July 17, 2000.

These amendments are intended to implement Iowa Code section 52.5.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 9891A. The content of that submission is incorporated by reference.

Pursuant to the authority of Iowa Code sections 17A.3, 490.135 and 504A.91, the Secretary of State hereby gives Notice of Intended Action to amend Chapter 40, “Corporations,” Iowa Administrative Code.

The amendments are proposed in response to new legislation contained in 2000 Iowa Acts, House File 2545, section 32, which authorizes the Secretary of State to conduct a pilot project permitting the refund of fees notwithstanding Iowa Code section 490.122, subsection 1, paragraphs “a” and “s,” and Iowa Code section 504A.85, subsections 1 and 9. In conducting the pilot project, the Secretary may refund fees for certain corporate filings if the Secretary determines that the service standard for timely filing has not been met. The service standard is set by rule.

Any person or agency may submit written comments concerning these proposed amendments or may submit a written request to make an oral presentation. The comments or request shall:

1. Include the name, address, and telephone number of the person or agency authoring the comments or request.

2. Reference the number and title of the proposed rule, as given in this Notice, that is the subject of the comments or request.

3. Indicate the general content of a requested oral presentation.

4. Be addressed to the Secretary of State’s Office, Business Services Division, Attn: Rob Berntsen, Hoover Building, 2nd Floor, Des Moines, Iowa 50319; Internet E–mail address rberntsen@sos.state.ia.us.

5. Be received by the Business Services Division no later than July 18, 2000.

A meeting to hear requested oral presentations is scheduled for July 18, 2000, at 10 a.m. in the O’Connor Conference Room, Hoover Building, Second Floor, Des Moines, Iowa 50319.

The meeting will be canceled without further notice if no oral presentation is requested.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 9894A. The content of that submission is incorporated by reference.

These amendments are intended to implement 2000 Iowa Acts, House File 2545, section 32.

In compliance with Iowa Code chapter 74A and section 12C.6, the committee composed of Treasurer of StateMichael L. Fitzgerald, Superintendent of Credit Unions James E. Forney, Superintendent of Banking Holmes Foster, and Auditor of State Richard D. Johnson have established today the following rates of interest for public obligations and special assessments. The usury rate for June is 8.00%.

INTEREST RATES FOR PUBLIC

OBLIGATIONS AND ASSESSMENTS

74A.2 Unpaid Warrants Maximum 6.0%

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 June 10, 2000, setting the minimums that may be paid by Iowa depositories on public funds are listed below.

TIME DEPOSITS

7–31 days Minimum 5.60%

32–89 days Minimum 5.80%

90–179 days Minimum 6.20%

180–364 days Minimum 6.20%

One year Minimum 6.20%

More than one year Minimum 6.50%

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.

Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services hereby amends Chapter 73, “Commodity Distribution Programs,” appearing in the Iowa Administrative Code.

The Council on Human Services adopted this amendment June 8, 2000. Notice of Intended Action regarding this amendment was published in the Iowa Administrative Bulletin on April 19, 2000, as ARC 9780A.

This amendment increases the income eligibility guidelines for the Emergency Food Assistance Program.

Income eligibility guidelines for the Emergency Food Assistance Program in Iowa are based on the income guidelines for the reduced price meals in the National School Lunch Program. These guidelines are set at 185 percent of the federal poverty guidelines and are normally revised effective July 1 of each year. Revised federal poverty guidelines have been received by the Department.

This amendment does not provide for waiver in specified situations because it confers a benefit by allowing the Department of Human Services to serve more needy individuals under the Emergency Food Assistance Program.

The Department finds that this amendment confers a benefit on persons applying for or receiving emergency food by increasing the income limits and making more persons eligible. Therefore, this amendment is filed pursuant to Iowa Code section 17A.5(2)“b”(2).

This amendment is identical to that published under Notice of Intended Action.

This amendment is intended to implement Iowa Code section 234.12.

This amendment shall become effective July 1, 2000.

The following amendment is adopted.

Amend subrule 73.4(3), paragraph “d,” subparagraph (2), as follows:

(2) Income eligible status. The gross income according to family size is no more than the following amounts: