Administrative Code Bulletin: Oct. 3, 2001

conTENTS IN THIS ISSuE

Pages 446 to 521 include ARC 0956B to ARC 1000B

agenda

Administrative rules review committee............................... 438

all agencies

Schedule for rule making....................................................... 436

Publication procedures........................................................... 437

Administrative rules on CD–ROM....................................... 437

Agency identification numbers............................................. 444

architectural examining board[193B]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]“umbrella”

Filed, Organization; continuing education; rules
of conduct; registration; exceptions; disciplinary
action against registrants; disciplinary action—
unlicensed practice; petition for rule making
and for declaratory order; waivers or variances
from rules, 1.4, 1.5; ch 2; 3.1, 4.1, 4.2;
chs 5 to 7; rescind chs 8, 9 ARC 0977B.......................... 500

Citation of administrative rules........................ 435

human services department[441]

Notice, Independent laboratories, 77.20, 78.20,
79.13 ARC 0961B............................................................... 446

Notice, Lead inspection agency providers,
77.40 ARC 0962B............................................................... 446

Notice, Contracting for rehabilitative treatment
and supportive services, 152.2, 152.23(1)
ARC 0969B........................................................................... 447

Filed, Transitional child care assistance program,
rescind ch 49 ARC 0956B................................................. 500

Filed, Exceeding income limits—suspension
of food stamp benefits, 65.1 ARC 0957B....................... 501

Filed Emergency After Notice, Food stamp
program—employment and training,
participation allowance, workfare program,
65.3, 65.28, 65.46(4), 65.49, 65.50
ARC 0958B........................................................................... 498

Filed, Women who have been screened and
found to need treatment for breast or cervical
cancer, 75.1(40) ARC 0959B............................................ 501

Filed, Statewide average costs—nursing
facilities, 75.23(3), 74.24(3) ARC 0960B....................... 502

Filed, Medicaid provider reimbursement,
79.1 ARC 0963B................................................................. 503

Filed, Home– and community–based waiver—
persons with a brain injury, 83.82, 83.90
ARC 0964B........................................................................... 506

Filed, Managed health care providers,
amendments to ch 88 ARC 0965B................................... 507

Filed, PROMISE JOBS—mileage rate
reimbursement, 93.110(6), 93.114(15)
ARC 0966B........................................................................... 507

Filed, Joint registered group child care homes;
four–level child care home pilots, 110.1,
110.5(5), 110.35 ARC 0967B........................................... 508

Filed, Child care services, 130.3(1), 130.4(3)
ARC 0968B........................................................................... 509

Filed, Payment increases to foster family homes
and adoptive homes, 156.6(1) ARC 0970B.................... 511

Filed, Nursing facility conversion and long–term
care services development grant applicants,
162.1 to 162.9 ARC 0971B............................................... 512

Filed, Access to dependent adult abuse
information, 176.4, 176.6(1), 176.10(3),
177.4, 177.5(2), 177.9(3) ARC 0972B............................ 512

Filed, Wrap–around funding program,
rescind ch 179 ARC 0973B............................................... 513

Filed, RTSS rates frozen, 185.112(1)
ARC 0974B........................................................................... 513

inspections and appeals department[481]

Filed, Hospitals—procedures for authentication
of medication and standing orders by a
practitioner, 51.14 ARC 0979B........................................ 513

Filed, Location for description of staff eligible
to administer anesthesia, 51.28(1) ARC 0978B............. 514

law enforcement academy[501]

Filed, Time period—law enforcement officer
certification, 3.1 ARC 0975B............................................ 514

Natural Resource Commission[571]

NATURAL RESOURCES DEPARTMENT[561]“umbrella”

Notice, Nuisance wildlife control, ch 114
ARC 0995B........................................................................... 447

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

__________________________________

PREFACE

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.

Subscriptions and Distribution Telephone: (515)242–5120
Fax: (515)242–5974

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

STEPHANIE A. HOFF, Assistant Editor (515)281–8157

Fax: (515)281–4424

SUBSCRIPTION INFORMATION

Iowa Administrative Bulletin

The Iowa Administrative Bulletin is sold as a separate publication and may be purchased by subscription or single copy. All subscriptions will expire on June 30 of each year. Subscriptions must be paid in advance and are prorated quarterly.

                                      July 1, 2001, to June 30, 2002                          $273.00 plus $16.38 sales tax
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Single copies may be purchased for $20.50 plus $1.23 sales tax.

Iowa Administrative Code

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Telephone: (515)242–5120

professional licensure division[645]

PUBLIC HEALTH DEPARTMENT[641]“umbrella”

Notice, Marital and family therapists and
mental health counselors, rescind ch 30;
renumber ch 31 as ch 33; adopt ch 31; 32.6,
32.10; adopt ch 34 ARC 0987B....................................... 449

Notice, Physical therapists and physical
therapist assistants, chs 200 to 202; 203.2,
203.5, 203.8, 203.9; ch 204 ARC 0990B........................ 456

Notice, Occupational therapists and
occupational therapy assistants, chs 205,
206; 207.2, 207.5, 207.8, 207.9; chs 208,
209 ARC 0989B.................................................................. 464

Notice, Athletic trainers, chs 349, 350; 351.6,
351.10; chs 352, 353 ARC 0988B................................... 472

public health department[641]

Notice, Notification and surveillance of reportable
diseases, 1.1, 1.3(1), 1.5(1), 1.9 ARC 0998B.................. 477

Notice, Initiation of special study—additions
to list of reportable diseases, 1.3(1)
ARC 0997B........................................................................... 479

Notice, Maternal deaths, 5.1 to 5.3
ARC 0996B........................................................................... 480

Notice, State medical examiner, 126.1, 126.2,
126.3(3) ARC 0985B.......................................................... 481

Notice, County medical examiners, ch 127
ARC 0983B........................................................................... 481

Filed Emergency, Initiation of special study—
additions to list of reportable diseases, 1.3(1)
ARC 0999B........................................................................... 498

Filed, Birth defects institute, ch 4
ARC 1000B........................................................................... 515

Filed, State plumbing code, ch 25 ARC 0982B................ 518

Filed, Renovation, remodeling, and repainting—
lead hazard notification process, amendments
to ch 69 ARC 0981B........................................................... 519

Filed, Lead professional certification,
amendments to ch 70 ARC 0986B................................... 519

Filed, Childhood lead poisoning prevention
program, amendments to ch 72 ARC 0984B.................. 520

public hearings

Summarized list........................................................................ 440

revenue and finance department[701]

Notice, Investment tax credit, 52.10
ARC 0980B........................................................................... 485

treasurer of state

Notice—Public funds interest rates...................................... 487

utilities division[199]

COMMERCE DEPARTMENT[181]“umbrella”

Notice, Rights and remedies for gas and electric
customers, 19.4, 20.4 ARC 0991B................................... 487

Notice, Application of payments to level payment
accounts, 19.4(11), 20.4(12) ARC 0992B....................... 491

Notice, Ratemaking principles proceeding,
ch 41 ARC 0993B............................................................... 492

Filed, Disconnection and reconnection,
19.4(15), 20.4(15) ARC 0994B......................................... 521

veterinary medicine board[811]

Filed, Waiver or variance of rules, ch 14
ARC 0976B........................................................................... 521

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

Schedule for Rule Making
2001

NOTICE SUBMISSION DEADLINE	NOTICE PUB. DATE	HEARING OR COMMENTS 20 DAYS	FIRST POSSIBLE ADOPTION DATE 35 DAYS	ADOPTED FILING DEADLINE	ADOPTED PUB. DATE	FIRST POSSIBLE EFFECTIVE DATE	POSSIBLE EXPIRATION OF NOTICE 180 DAYS
Dec. 22 ’00	Jan. 10 ’01	Jan. 30 ’01	Feb. 14 ’01	Feb. 16 ’01	Mar. 7 ’01	Apr. 11 ’01	July 9 ’01
Jan. 5	Jan. 24	Feb. 13	Feb. 28	Mar. 2	Mar. 21	Apr. 25	July 23
Jan. 19	Feb. 7	Feb. 27	Mar. 14	Mar. 16	Apr. 4	May 9	Aug. 6
Feb. 2	Feb. 21	Mar. 13	Mar. 28	Mar. 30	Apr. 18	May 23	Aug. 20
Feb. 16	Mar. 7	Mar. 27	Apr. 11	Apr. 13	May 2	June 6	Sept. 3
Mar. 2	Mar. 21	Apr. 10	Apr. 25	Apr. 27	May 16	June 20	Sept. 17
Mar. 16	Apr. 4	Apr. 24	May 9	May 11	May 30	July 4	Oct. 1
Mar. 30	Apr. 18	May 8	May 23	May 25	June 13	July 18	Oct. 15
Apr. 13	May 2	May 22	June 6	June 8	June 27	Aug. 1	Oct. 29
Apr. 27	May 16	June 5	June 20	June 22	July 11	Aug. 15	Nov. 12
May 11	May 30	June 19	July 4	July 6	July 25	Aug. 29	Nov. 26
May 25	June 13	July 3	July 18	July 20	Aug. 8	Sept. 12	Dec. 10
June 8	June 27	July 17	Aug. 1	Aug. 3	Aug. 22	Sept. 26	Dec. 24
June 22	July 11	July 31	Aug. 15	Aug. 17	Sept. 5	Oct. 10	Jan. 7 ’02
July 6	July 25	Aug. 14	Aug. 29	Aug. 31	Sept. 19	Oct. 24	Jan. 21 ’02
July 20	Aug. 8	Aug. 28	Sept. 12	Sept. 14	Oct. 3	Nov. 7	Feb. 4 ’02
Aug. 3	Aug. 22	Sept. 11	Sept. 26	Sept. 28	Oct. 17	Nov. 21	Feb. 18 ’02
Aug. 17	Sept. 5	Sept. 25	Oct. 10	Oct. 12	Oct. 31	Dec. 5	Mar. 4 ’02
Aug. 31	Sept. 19	Oct. 9	Oct. 24	Oct. 26	Nov. 14	Dec. 19	Mar. 18 ’02
Sept. 14	Oct. 3	Oct. 23	Nov. 7	Nov. 9	Nov. 28	Jan. 2 ’02	Apr. 1 ’02
Sept. 28	Oct. 17	Nov. 6	Nov. 21	Nov. 23	Dec. 12	Jan. 16 ’02	Apr. 15 ’02
Oct. 12	Oct. 31	Nov. 20	Dec. 5	Dec. 7	Dec. 26	Jan. 30 ’02	Apr. 29 ’02
Oct. 26	Nov. 14	Dec. 4	Dec. 19	*Dec. 19*	Jan. 9 ’02	Feb. 13 ’02	May 13 ’02
Nov. 9	Nov. 28	Dec. 18	Jan. 2 ’02	Jan. 4 ’02	Jan. 23 ’02	Feb. 27 ’02	May 27 ’02
Nov. 23	Dec. 12	Jan. 1 ’02	Jan. 16 ’02	Jan. 18 ’02	Feb. 6 ’02	Mar. 13 ’02	June 10 ’02
Dec. 7	Dec. 26	Jan. 15 ’02	Jan. 30 ’02	Feb. 1 ’02	Feb. 20 ’02	Mar. 27 ’02	June 24 ’02
*Dec. 19*	Jan. 9 ’02	Jan. 29 ’02	Feb. 13 ’02	Feb. 15 ’02	Mar. 6 ’02	Apr. 10 ’02	July 8 ’02
Jan. 4 ’02	Jan. 23 ’02	Feb. 12 ’02	Feb. 27 ’02	Mar. 1 ’02	Mar. 20 ’02	Apr. 24 ’02	July 22 ’02

PRINTING SCHEDULE FOR IAB
ISSUE NUMBER	SUBMISSION DEADLINE	ISSUE DATE
9	Friday, October 12, 2001	October 31, 2001
10	Friday, October 26, 2001	November 14, 2001
11	Friday, November 9, 2001	November 28, 2001

PLEASE NOTE:

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

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

***Note change of filing deadline

PUBLICATION PROCEDURES

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

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

1. To facilitate the publication of rule–making documents, we request that you send your document(s) as an attachment(s) to an E–mail message, addressed to both of the following:

bruce.carr@legis.state.ia.us and

kathleen.bates@legis.state.ia.us

2. Alternatively, you may send a PC–compatible diskette of the rule making. Please indicate on each diskette the following information: agency name, file name, format used for exporting, and chapter(s) amended. Diskettes may be delivered to the Administrative Code Division, First Floor South, Grimes State Office Building, or included with the documents submitted to the Governor’s Administrative Rules Coordinator.

Please note that changes made prior to publication of the rule–making documents are reflected on the hard copy returned to agencies by the Governor’s office, but not on the diskettes; diskettes are returned unchanged.

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

______________________

IOWA ADMINISTRATIVE RULES and IOWA COURT RULES on CD–ROM

2000 WINTER EDITION

Containing:      Iowa Administrative Code (updated through December 2000)
                        Iowa Administrative Bulletins (July 2000 through December 2000)
                        Iowa Court Rules (updated through December 2000)

For free brochures and order forms contact:

                        Legislative Service Bureau
                        Attn: Ms. Stephanie Runde
                        State Capitol
                        Des Moines, Iowa 50319
                        Telephone: (515)281–3566   Fax: (515)281–8027
                        lsbinfo@staff.legis.state.ia.us

The Administrative Rules Review Committee will hold a two–day meeting on Tuesday, October 9, 2001, at 10 a.m. and Wednesday, October 10, 2001, at 9 a.m. in Room 116, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

NOTE: See also Agenda published in the September 19, 2001, Iowa Administrative Bulletin.

Bulletin

architectural examining board[193B]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]“umbrella”

Registration; continuing education—definitions; use of electronic seals and digital signatures; disciplinary action;
sales of goods and services; uniform rules; waivers and variances, 1.4; rescind 1.5, ch 2; 3.1(1), 3.1(2), 3.1(2)“a,”
3.1(3) to 3.1(7), 4.1(1) to 4.1(6), 4.1(6)“c,” 4.1(7), 4.1(7)“c” to “f,” 4.1(8); rescind 4.2, chs 5 to 9;
adopt new chs 2, 5 to 7, Filed ARC 0977B........................................................................................................................................... 10/3/01

human services department[441]

Transitional child care assistance program, rescind ch 49, Filed ARC 0956B............................................................................................. 10/3/01

Food stamp program—suspension of benefits, 65.1, Filed ARC 0957B..................................................................................................... 10/3/01

Food stamp program—employment and training, participation allowances, workfare program, 65.3, 65.28(8),
65.28(11) to 65.28(13), 65.28(18), 65.28(19), 65.46(4), 65.49, 65.50, Filed Emergency After Notice ARC 0958B........................... 10/3/01

Medicaid coverage for women without creditable health insurance coverage
who are receiving treatment for cervical or breast cancer, 75.1(40), Filed ARC 0959B........................................................................ 10/3/01

Statewide average costs and charges for nursing care, 75.23(3), 75.24(3)“b,” Filed ARC 0960B.............................................................. 10/3/01

Independent laboratories—conditions of participation, coverage, and payment, 77.20, 78.20, 79.13, Notice ARC 0961B......................... 10/3/01

Lead inspection agency providers—cross–reference correction, 77.40, Notice ARC 0962B...................................................................... 10/3/01

Medicaid reimbursement rates, 79.1(1)“d,” 79.1(2), 79.1(8)“a,” Filed ARC 0963B................................................................................... 10/3/01

Medicaid waiver services, 83.82(1)“e” and “l,” 83.82(3), 83.82(4), 83.90, Filed ARC 0964B.................................................................. 10/3/01

Managed health care providers, 88.1, 88.2(1)“a”(3), 88.2(4)“a,” “d,” “i” and “j,” 88.3(7),
88.7(4)“b,” 88.12(2), 88.13, 88.21, 88.22(4), 88.22(4)“a,” “d,” “i” and “j,” 88.23(1)
88.23(3), 88.33, 88.42(2)“a,” “d,” “i” and “j,” 88.46(2), 88.48(1), 88.61, Filed ARC 0965B............................................................. 10/3/01

PROMISE JOBS—mileage reimbursement, time extension for postsecondary classroom training, 93.110(6)“b,”
93.114(15), 93.114(15)“b,” Filed ARC 0966B..................................................................................................................................... 10/3/01

Group child care homes—joint registration, pilot project for four–level registration, 110.1, 110.5(5)“d,”
ch 110 div II preamble, 110.35, Filed ARC 0967B............................................................................................................................... 10/3/01

Child care services—fees, income eligibility guidelines, 130.3(1)“d”(2), 130.4(3), Filed ARC 0968B...................................................... 10/3/01

Contracting for rehabilitative treatment and supportive services, 152.2(4) to 152.2(7),
152.2(9), 152.2(21)“b,” 152.23(1), Notice ARC 0969B....................................................................................................................... 10/3/01

Payment rate increase for foster family homes and adoptive homes, 156.6(1), Filed ARC 0970B.............................................................. 10/3/01

Nursing facility conversion and long–term care services development grants, 162.3(1)“a” and “b,” Filed ARC 0971B............................. 10/3/01

Access to dependent adult abuse information, 176.4, 176.6(1), 176.10(3)“b”(2), 176.10(3)“c”(6),
176.10(3)“d”(3) and (4), 177.4(1)“b,” 177.4(10), 177.4(10)“d,” 177.5(2), 177.9(3), Filed ARC 0972B............................................ 10/3/01

Wrap–around funding program, rescind ch 179, Filed ARC 0973B........................................................................................................... 10/3/01

Rehabilitative treatment and supportive services—rate freeze, continued suspension
of authority to renegotiate rates, 185.112(1)“k,” Filed ARC 0974B...................................................................................................... 10/3/01

inspections and appeals DEPARTMENT[481]

Hospital pharmaceutical service—procedures for authentication
of medication and standing orders, 51.14(3), 51.14(4), Filed ARC 0979B........................................................................................... 10/3/01

Hospitals—records concerning staff authorized to administer anesthesia, 51.28(1)“b”(2), Filed ARC 0978B........................................... 10/3/01

law enforcement academy[501]

Time limit for certification as a law enforcement officer, 3.1(5), 3.1(6), Filed ARC 0975B........................................................................ 10/3/01

natural resource commission[571]

NATURAL RESOURCES DEPARTMENT[561]“umbrella”

Nuisance wildlife control, adopt ch 114, Notice ARC 0995B..................................................................................................................... 10/3/01

professional licensure division[645]

PUBLIC HEALTH DEPARTMENT[641]“umbrella”

Behavioral science examiners board, chs 30, 31; 32.6, 32.10; chs 33, 34, Notice ARC 0987B.................................................................. 10/3/01

Physical and occupational therapy examiners board, chs 200 to 202; 203.2(3) to 203.2(6), 203.5“3” and “6,”
203.8, 203.9(1), 203.9(3); ch 204, Notice ARC 0990B........................................................................................................................ 10/3/01

Physical and occupational therapy examiners board, chs 205, 206; 207.2(3) to 207.2(6), 207.5“3,” “5” and “6,”
207.8, 207.9(1)“b” and “d,” 207.9(2)“c”; chs 208, 209, Notice ARC 0989B....................................................................................... 10/3/01

Athletic training examiners board, chs 349, 350; 351.6, 351.10; chs 352, 353, Notice ARC 0988B.......................................................... 10/3/01

public health department[641]

Communicable diseases, reporting of carbon monoxide poisoning and potential bio–, chemical– and
radiological–terrorism events, ch 1 title, 1.1, 1.3(1), 1.5(1), 1.9(1) to 1.9(3), 1.9(4)“d,” 1.9(5)“a,” “c” and “d,”
1.9(7), 1.9(10), Notice ARC 0998B...................................................................................................................................................... 10/3/01

Reportable diseases, 1.3(1), Notice ARC 0997B, also Filed Emergency ARC 0999B......................................................................... 10/3/01

Birth defects institute, ch 4, Filed ARC 1000B............................................................................................................................................ 10/3/01

Maternal deaths, 5.1 to 5.3, Notice ARC 0996B......................................................................................................................................... 10/3/01

State plumbing code, ch 25, Filed ARC 0982B........................................................................................................................................... 10/3/01

Renovation, remodeling, and repainting—lead hazard notification process, ch 69, Filed ARC 0981B........................................................ 10/3/01

Lead professional certification, ch 70, Filed ARC 0986B............................................................................................................................ 10/3/01

Lead abatement; childhood lead poisoning prevention, ch 72, Filed ARC 0984B....................................................................................... 10/3/01

State medical examiner, 126.1, 126.2, 126.3(3), Notice ARC 0985B.......................................................................................................... 10/3/01

County medical examiners, adopt ch 127, Notice ARC 0983B................................................................................................................... 10/3/01

revenue and finance department[701]

Investment tax credits, 52.10(1), 52.10(4), Notice ARC 0980B.................................................................................................................. 10/3/01

utilities division[199]

COMMERCE DEPARTMENT[181]“umbrella”

Rights and remedies for gas and electric customers, 19.4(10)“c” and “d,” 19.4(15)“h”(3), 20.4(11)“c” and “d,”
20.4(15)“h”(3), Notice ARC 0991B..................................................................................................................................................... 10/3/01

Application of payments to level payment accounts, 19.4(11)“g,” 20.4(12)“g,” Notice ARC 0992B......................................................... 10/3/01

Disconnection and reconnection, 19.4(15)“h”(5), 20.4(15)“h”(6), Filed ARC 0994B................................................................................ 10/3/01

Ratemaking principles proceeding, adopt ch 41, Notice ARC 0993B.......................................................................................................... 10/3/01

veterinary medicine board[811]

Waiver or variance of rules, adopt ch 14, Filed ARC 0976B....................................................................................................................... 10/3/01

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.

agency	hearing location	date and time of hearing
economic development, iowa department of[261]
Additional points or consideration for economic development–related projects in brownfield, blighted and distressed areas, 168.92 to 168.103 IAB 9/5/01 ARC 0917B	Northwest Conference Room Second Floor 200 East Grand Ave. Des Moines, Iowa	October 5, 2001 10 a.m.
environmental protection commission[567]
Manure management plans, 65.16(2) to 65.16(5) IAB 9/19/01 ARC 0938B	Fifth Floor Conference Room Wallace State Office Bldg. Des Moines, Iowa	October 17, 2001 1 p.m.
human services department[441]
Prior authorization for payment for certain drugs, 78.1(2), 78.28(1) IAB 9/19/01 ARC 0935B	Seventh Floor Conference Room Iowa Bldg. 411 Third St. SE Cedar Rapids, Iowa	October 11, 2001 9 a.m.
	Administrative Conference Room 417 E. Kanesville Blvd. Council Bluffs, Iowa	October 10, 2001 9 a.m.
	Large Conference Room Fifth Floor, Bicentennial Bldg. 428 Western Davenport, Iowa	October 10, 2001 10 a.m.
	Conference Room 102 City View Plaza 1200 University Des Moines, Iowa	October 10, 2001 10 a.m.
	Liberty Room, Mohawk Square 22 N. Georgia Ave. Mason City, Iowa	October 12, 2001 10 a.m.
	Conference Room 3 120 E. Main Ottumwa, Iowa	October 10, 2001 10 a.m.
	Fifth Floor 520 Nebraska St. Sioux City, Iowa	October 10, 2001 1:30 p.m.
	Conference Room 201 Pinecrest Office Bldg. 1407 Independence Ave. Waterloo, Iowa	October 10, 2001 10 a.m.
insurance division[191]
Licensing of insurance producers, 10.1 to 10.25 IAB 9/19/01 ARC 0948B	330 Maple St. Des Moines, Iowa	October 11, 2001 10:30 a.m.
natural resource commission[571]
Fishing regulations, 81.1, 81.2 IAB 9/5/01 ARC 0922B	Bellevue Community Center 109 S. Second St. Bellevue, Iowa	October 9, 2001 7 p.m.
	Pioneer Ridge Nature Center Hwy 63 Ottumwa, Iowa	October 10, 2001 7 p.m.
	Dorothy Pecaut Nature Center Stone State Park Sioux City, Iowa	October 11, 2001 7 p.m.
Nuisance wildlife control, ch 114 IAB 10/3/01 ARC 0995B	Fourth Floor East Conference Room Wallace State Office Bldg. Des Moines, Iowa	November 7, 2001 9 a.m.
professional licensure division[645]
Marital and family therapists and mental health counselors—licensure, discipline, fees, chs 30, 31; 32.6, 32.10; chs 33, 34 IAB 10/3/01 ARC 0987B	Fifth Floor Board Conference Room Lucas State Office Bldg. Des Moines, Iowa	October 23, 2001 9 to 11 a.m.
Physical therapists—licensure, discipline, fees, chs 200 to 202; 203.2, 203.5, 203.8, 203.9; ch 204 IAB 10/3/01 ARC 0990B	Fifth Floor Board Conference Room Lucas State Office Bldg. Des Moines, Iowa	October 23, 2001 9 to 11 a.m.
Occupational therapists—licensure, discipline, fees, chs 205, 206; 207.2, 207.5, 207.8, 207.9; chs 208, 209 IAB 10/3/01 ARC 0989B	Fifth Floor Board Conference Room Lucas State Office Bldg. Des Moines, Iowa	October 23, 2001 9 to 11 a.m.
Athletic trainers—licensure, discipline, fees, chs 349, 350; 351.6, 351.10; chs 352, 353 IAB 10/3/01 ARC 0988B	Fifth Floor Board Conference Room Lucas State Office Bldg. Des Moines, Iowa	October 23, 2001 1 to 3 p.m.
public health department[641]
Communicable diseases, 1.1, 1.3(1), 1.5(1), 1.9 IAB 10/3/01 ARC 0998B (ICN Network)	ICN Room, Sixth Floor Lucas State Office Bldg. Des Moines, Iowa	October 31, 2001 11 a.m. to 12 noon
	Carpentry Room Western Iowa Tech. Comm. College 801 E. Second Ida Grove, Iowa	October 31, 2001 11 a.m. to 12 noon
public health department[641] (Cont’d) (ICN Network)
	Room 130A, Schindler University of Northern Iowa 23rd and Hudson Rd. Cedar Falls, Iowa	October 31, 2001 11 a.m. to 12 noon
	Room 60, Larson Hall Muscatine Community College 152 Colorado St. Muscatine, Iowa	October 31, 2001 11 a.m. to 12 noon
Reportable diseases or conditions, 1.3(1) IAB 10/3/01 ARC 0997B (See also ARC 0999B herein) (ICN Network)	ICN Room, Sixth Floor Lucas State Office Bldg. Des Moines, Iowa	October 31, 2001 11 a.m. to 12 noon
	Carpentry Room Western Iowa Tech. Comm. College 801 E. Second Ida Grove, Iowa	October 31, 2001 11 a.m. to 12 noon
	Room 130A, Schindler University of Northern Iowa 23rd and Hudson Rd. Cedar Falls, Iowa	October 31, 2001 11 a.m. to 12 noon
	Room 60, Larson Hall Muscatine Community College 152 Colorado St. Muscatine, Iowa	October 31, 2001 11 a.m. to 12 noon
Maternal deaths, 5.1 to 5.3 IAB 10/3/01 ARC 0996B	Conference Room 518 Lucas State Office Bldg. Des Moines, Iowa	October 25, 2001 10 to 11 a.m.
State medical examiner, 126.1 to 126.3 IAB 10/3/01 ARC 0985B	Conference Room 513 Lucas State Office Bldg. Des Moines, Iowa	October 23, 2001 2 p.m.
County medical examiners, ch 127 IAB 10/3/01 ARC 0983B	Conference Room 513 Lucas State Office Bldg. Des Moines, Iowa	October 23, 2001 2 p.m.
transportation department[761]
Statewide standard for permitting certain implements of husbandry, ch 181 IAB 9/19/01 ARC 0932B	Second Floor Conference Room Administration Bldg. 800 Lincoln Way Ames, Iowa	October 11, 2001 10 a.m. (If requested)
General aviation airport infrastructure program, 717.1 to 717.6, 717.8, 717.9(1), 717.10, 717.11 IAB 9/19/01 ARC 0930B	Small Materials Conference Room 800 Lincoln Way Ames, Iowa	October 11, 2001 10 a.m. (If requested)
utilities division[199]
Location and construction of electric power generating facilities, 24.1, 24.2, 24.3(2), 24.4, 24.6(2), 24.7(6), 24.8 to 24.16 IAB 8/22/01 ARC 0889B	Hearing Room 350 Maple St. Des Moines, Iowa	October 3, 2001 10 a.m.
Application of payments to level payment accounts, 19.4(11), 20.4(12) IAB 10/3/01 ARC 0992B	Hearing Room 350 Maple St. Des Moines, Iowa	November 20, 2001 10 a.m.
Competitive bidding programs, ch 40 IAB 8/22/01 ARC 0888B	Hearing Room 350 Maple St. Des Moines, Iowa	October 30, 2001 10 a.m.
Ratemaking principles proceeding ch 41 IAB 10/3/01 ARC 0993B	Hearing Room 350 Maple St. Des Moines, Iowa	November 27, 2001 10 a.m.
workforce development department[871]
Employer’s contribution and charges, 23.1(19), 23.3(2), 23.10(1), 23.40, 23.43, 23.51(2), 23.71, 23.72(1), 23.82, 24.13(4) IAB 9/19/01 ARC 0950B	1000 E. Grand Ave. Des Moines, Iowa	October 9, 2001 9:30 a.m.

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]

BEEF INDUSTRY COUNCIL, IOWA[101]

BLIND, DEPARTMENT FOR THE[111]

CITIZENS’ AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

EGG COUNCIL[301]

ELDER AFFAIRS DEPARTMENT[321]

EMPOWERMENT BOARD, IOWA[349]

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

EXECUTIVE COUNCIL[361]

FAIR BOARD[371]

GENERAL SERVICES DEPARTMENT[401]

HUMAN INVESTMENT COUNCIL[417]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

Status of African–Americans, Division on the[434]

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INFORMATION TECHNOLOGY DEPARTMENT[471]

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]

LIVESTOCK HEALTH ADVISORY COUNCIL[521]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NARCOTICS ENFORCEMENT ADVISORY COUNCIL[551]

NATIONAL AND COMMUNITY SERVICE, IOWA COMMISSION ON[555]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board for[575]

PERSONNEL DEPARTMENT[581]

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

PREVENTION OF DISABILITIES POLICY COUNCIL[597]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

RECORDS COMMISSION[671]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

seed capital corporation, iowa[727]

SHEEP AND WOOL PROMOTION BOARD, IOWA[741]

TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

turkey marketing council, iowa[787]

UNIFORM STATE LAWS COMMISSION[791]

VETERANS AFFAIRS COMMISSION[801]

VETERINARY MEDICINE BOARD[811]

VOTER REGISTRATION COMMISSION[821]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

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

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HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Twenty–five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 77, “Conditions of Participation for Providers of Medical and Remedial Care,” Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” and Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” appearing in the Iowa Administrative Code.

These amendments revise rules governing conditions of participation, coverage, and payment for independent laboratories in response to an assessment of the rules completed under the rules review process mandated by Executive Order Number 8. These revisions:

Ÿ Define an “independent laboratory.” The Department of Inspections and Appeals noted that Medicare no longer has a certification program for independent laboratories although the Medicare carrier uses the term from a reimbursement perspective. An independent laboratory is defined as a laboratory that is independent of both attending and consulting physicians’ offices and of hospitals that qualify as emergency hospitals.

Ÿ Update a Code of Federal Regulations reference.

These amendments do not provide for waivers because all the amendments do is add a definition for clarification and correct a reference.

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, 1305 East Walnut, Des Moines, Iowa 50319–0114, on or before October 24, 2001.

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

The following amendments are proposed.

ITEM 1. Amend rule 441—77.20(249A) as follows:

441—77.20(249A) Independent laboratories. Independent laboratories are eligible to participate providing they are certified to participate as a laboratory in the Medicare program (Title XVIII of the Social Security Act). An independent laboratory is a laboratory that is independent of both attending and consulting physicians’ offices and of hospitals that qualify as emergency hospitals.

This rule is intended to implement Iowa Code section 249A.4.

ITEM 2. Amend rule 441—78.20(249A) as follows:

441—78.20(249A) Independent laboratories. Payment will be made for medically necessary laboratory services provided by ~~independent~~ laboratories that are independent of both attending and consulting physicians’ offices and of hospitals that qualify as emergency hospitals and that are certified to participate in the Medicare program.

This rule is intended to implement Iowa Code section 249A.4.

ITEM 3. Amend rule 441—79.13(249A) as follows:

441—79.13(249A) Requirements for enrolled Medicaid providers supplying laboratory services. Medicaid enrolled entities providing laboratory services are subject to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA), Public Law 100–578, and implementing federal regulations published at 42 CFR Part 493 as amended to ~~February 28, 1992~~ December 29, 2000. Medi–caid payment shall not be afforded for services provided by an enrolled Medicaid provider supplying laboratory services that fails to meet these requirements. For the purposes of this rule, laboratory services are defined as services to examine human specimens for the diagnosis, prevention or treatment of any disease or impairment of, or assessment of, the health of human beings.

This rule is intended to implement Iowa Code section 249A.4.

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HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

This amendment corrects a rule reference related to provider enrollment of lead inspection agencies. This incorrect cross reference was identified while completing the rule assessment mandated by Executive Order Number 8.

This amendment does not provide for waivers because all the amendment does is correct a cross reference.

This amendment is intended to implement Iowa Code section 249A.4.

The following amendment is proposed.

Amend rule 441—77.40(249A) as follows:

441—77.40(249A) Lead inspection agency providers. Lead inspection agency providers are eligible to participate in the Medicaid program if they are certified pursuant to 641—subrule ~~70.5(4)~~ 70.5(5), department of public health.

This rule is intended to implement Iowa Code section 249A.4.

arc 0969b

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services proposes to amend Chapter 152, “Contracting,” appearing in the Iowa Administrative Code.

These amendments revise the Department’s policy governing contracting for rehabilitative treatment and supportive services as follows. The amendments:

Ÿ Eliminate references to a specified number of provider employees when determining the applicability of civil rights laws to a given provider. Contracts will now conform to changes already made in federal regulations with regard to the conditions that providers must meet. Civil rights laws now apply regardless of the number of people a provider employs.

Ÿ Correct an insurance term.

Ÿ Change the frequency of on–site visits required of the project manager. The project manager will be required to make at least one on–site visit to each provider of rehabilitative treatment or supportive services during the term of the contract, rather than per year. This change is consistent with a previously adopted change to extend contract length from one year to two years.

These amendments do not provide for waivers because compliance with civil rights laws is required by federal regulations. Individuals may request a waiver of Department policy under the Department’s general rule on exceptions at rule 441—1.8(17A,217).

These amendments are intended to implement Iowa Code section 234.6.

The following amendments are proposed.

ITEM 1. Amend rule 441—152.2(234) as follows:

Amend subrules 152.2(4) to 152.2(7) and 152.2(9) as follows:

152.2(4) Civil rights laws. The provider ~~with four or more employees~~ shall be in compliance with all state civil rights laws and regulations and with all applicable federal civil rights laws and regulations with respect to equal employment opportunity.

152.2(5) Title VI compliance. The provider ~~with 15 or more employees~~ shall be in compliance with Title VI of the 1964 Civil Rights Act and all other federal, state, and local laws and regulations regarding the provision of services.

152.2(6) Section 504 compliance. The provider ~~with 15 or more employees~~ shall be in compliance with Section 504 of the Rehabilitation Act of 1973 and with all federal, state, and local Section 504 laws and regulations.

152.2(7) Americans with Disabilities Act compliance. The provider shall be in compliance with the Americans with Disabilities Act of 1990~~, (15 or more employees as of July 26, 1994)~~ and with all federal, state and local laws and regulations regarding the Americans with Disabilities Act.

152.2(9) Equal opportunity. The provider ~~with four or more employees~~ shall exclude no person from the participation in or receipt of programs, activities or benefits on the grounds of race, color, creed, national origin, sex, age, religion, political belief, or physical or mental disability. Nor shall the provider discriminate against any person in employment or applying for employment on the grounds of race, color, creed, national origin, sex, age, religion, political belief, or physical or mental disability.

Amend subrule 152.2(21), paragraph “b,” as follows:

b. The provider agrees that it shall have in force and effect a liability insurance policy covering all its operations in providing the care and services required by the administrative rules and by contract, including the indemnity provision above. A “Certificate of Insurance” identifying the insurance company, the policy period, the type of policy and the limits of coverage shall be filed with the department. The insurance policy and the certificate of insurance shall show the state of Iowa and the department of human services as additional ~~named~~ insureds. The provider further agrees that anyone transporting, or authorized to transport, clients in privately owned vehicles shall have liability insurance in force and effect covering any claim which may arise from this transport.

ITEM 2. Amend subrule 152.23(1) as follows:

152.23(1) Contract management. During the contract period, the assigned project manager designated in the contract shall be the contract liaison between the department and the provider. The project manager shall be contacted on all interpretations and problems relating to the contract and shall follow the issues through to their resolution. The project manager shall also monitor performance under the contract and shall provide or arrange for technical assistance to improve the provider’s performance if needed. Report of On–Site Visit, Form ~~SS–1715–0~~ 470–0670, shall be used to monitor performance under the contract. The project manager shall make at least one on–site visit ~~per year~~ to each provider of rehabilitative treatment or supportive services during the term of the contract. The on–site visit shall be coordinated with on–site visits scheduled to fulfill requirements for provider audit, licensing, and certification or other on–site visits required by the department. Site visits to out–of–state providers shall be made at the discretion of the region responsible for administration of the contract.

arc 0995b

NATURAL RESOURCE COMMISSION[571]

Notice of Intended Action

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby proposes to adopt new Chapter 114, “Nuisance Wildlife Control,” Iowa Administrative Code.

This new chapter will allow private enterprise to conduct operations which were formerly accomplished by Department field staff. The Department, by these rules, will allow the capture and removal of nuisance wildlife from residential and commercial property.

Any interested person may make written suggestions or comments on the proposed amendment on or before November 7, 2001. Such written materials should be directed to the Law Enforcement Bureau, 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 Law Enforcement Bureau at (515)281–4515 or at the Law Enforcement Bureau offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on November 7, 2001, at9 a.m. in the Fourth Floor East 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 those related to hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.

This amendment is intended to implement Iowa Code section 456A.24.

The following new chapter is proposed.

CHAPTER 114
NUISANCE WILDLIFE CONTROL

571—114.1(456A) Nuisance wildlife control program. This chapter is intended to implement Iowa Code section 456A.24(8) by providing permitting of nuisance wildlife control operators for the purpose of removing nuisance wildlife from private property. No provision of this chapter shall restrict a landowner from lawfully removing nuisance wildlife pursuant to Iowa Code section 481A.87.

571—114.2(456A) Definitions.

“Annual activity report” means an annual report submitted on a form provided by the department.

“Guidebook” means the nuisance wildlife control operator’s manual provided by the department.

“Helper” means a person who possesses a fur harvester license, has paid the habitat fee and is listed, by name, on the permit as authorized to perform nuisance wildlife control operator duties under the direction of the permittee.

“Nuisance wildlife” means wild, native animals or birds that are causing damage to private property, creating a nuisance, or presenting a health hazard.

“Nuisance wildlife control operator” or “NWCO” means a person who operates as a business and charges a fee to remove nuisance wildlife from private property.

“Permit” means an annual permit issued by the department under the authority of Iowa Code section 455A.5(6)“e” for the purpose of capturing and removing nuisance wildlife from private property. The permit shall expire January 10of each year and is not transferable.

“Permittee” means an NWCO who possesses a valid nuisance wildlife control operator’s permit issued by this department and also possesses a valid Iowa fur harvester license and has paid the habitat fee.

571—114.3(456A) Nuisance wildlife control operator’s permit. An NWCO permit may be issued to a person or organization that, upon application and following review and testing, complies with all requirements established within this chapter. This is an annual permit and may be renewed by January 10 of the following year. The department shall not renew a permit without first receiving a completed annual activity report for the previous year.

571—114.4(456A) Application requirements. All applicants must be at least 18 years of age and possess a valid driver’s license.

571—114.5(456A) Nuisance wildlife control operator’s guidebook. All applicants will receive an NWCO guidebook at the time they submit a completed permit application form. The permittee shall refer to the guidebook as an operating manual for nuisance wildlife control activity. All requirements and procedures listed in the guidebook must be followed. The NWCO guidebook is hereby adopted by reference and shall be a part of this chapter as if set forth herein.

571—114.6(456A) Nuisance wildlife control operator’s test and interview. An applicant must successfully pass a written test with a minimum test score of 80 percent before an NWCO permit will be issued. If the applicant fails the written test, the applicant must wait 45 days before retaking the test. If the applicant fails a second time, the applicant must wait 180 days before reapplying. A $25 testing fee will be assessed when the applicant successfully completes the test. In addition, the applicant must successfully complete an oral, in–person interview with a representative of the department to determine the applicant’s knowledge of wildlife and wildlife capture techniques, and to determine if the applicant has the ability to provide effective services to the public.

571—114.7(456A) Records and record–keeping requirements. All permittees shall keep a daily record of their nuisance wildlife control activities. Each record must contain the client’s name, address, telephone number, date of service, service provider’s name, species of animal, number of animals removed, control methods used, and disposition of the animals. These records shall be kept up to date and on file at the business location specified in the permit. The permittee shall provide these records for inspection by a department representative at any reasonable time.

571—114.8(456A) Annual activity report. The permittee shall submit an annual activity report on forms provided by the department no later than January 31 of the following year. The department shall not renew a permit until a complete and accurate annual activity report has been received for the preceding year.

571—114.9(456A) Permit renewal. An NWCO permit may be renewed by the department when all reporting requirements for the previous year have been met. An administrative fee of $20 will be assessed at the time of renewal.

571—114.10(456A) Helper. A helper shall operate under the same conditions as the permittee. The permittee shall be responsible for all actions of the helpers listed on the permit. Compliance violations committed by a helper may be cause for the department to revoke the permit.

571—114.11(456A) Capture methods and trap tagging. Live traps such as box traps and leg–hold traps should be used whenever possible. Humane traps, which are those designed to kill instantly with a jaw spread exceeding eight inches, are unlawful except when placed entirely under water. All traps and snares, except those which are placed entirely under water, shall be checked once every 24 hours. All traps and snares for the taking of nuisance wildlife shall have a metal tag attached that is plainly labeled with the permittee’s business name and address.

If traditional capture methods fail, the permittee may use chemicals, smoking devices, mechanical ferrets, wire, tools, instruments, or water to remove nuisance animals in accordance with the procedures contained in the guidebook. No person, except a person acting under an NWCO permit shall capture or take, or attempt to capture or take, with any trap, snare, or net, any game bird.

The permittee and designated helpers shall observe all Iowa fur trapping and fur possession regulations as provided for by Iowa law, the Iowa Administrative Code, and the NWCO guidebook.

571—114.12(456A) Endangered and threatened wildlife species. The permittee is not authorized to capture or possess any wildlife species listed as endangered or threatened, or those species which are federally protected. This includes, but is not limited to: bobcats, otters, spotted skunks, hawks, owls, eagles, migratory birds, waterfowl, and songbirds. When a nuisance wildlife problem involves an endangered or threatened species, the local state conservation officer should be contacted, and the officer will determine how the situation must be handled.

571—114.13(456A) Disposition of captured nuisance wildlife. Nuisance wildlife, with the exception of endangered or threatened species, may be relocated or euthanized. The permittee shall comply with the euthanization and release methods described in the NWCO guidebook. Sick or injured wildlife must be handled as described in the NWCO guidebook. The carcass of a dead nuisance animal must be disposed of in a legal manner and within 24 hours of the animal’s death.

571—114.14(456A) General conditions for permits.

1. Records and facilities shall be available for inspection by officers of the department during reasonable hours.

2. All records and reports must be kept current and shall reflect a true and accurate account of the permittee’s activities.

3. The department’s law enforcement bureau shall be notified in writing within 30 days if the permittee ceases operation as a nuisance wildlife control operator.

4. Permittees and helpers must obtain and possess valid fur harvester licenses and and have paid the habitat fees.

5. Permittees must renew their NWCO permits by January 31 of the same year.

571—114.15(456A) Permit refusal. The department may suspend, revoke, refuse to issue, or refuse to renew a nuisance wildlife control operator’s permit if the department finds that the permittee, a helper, or an employee of the permittee is not in compliance with this chapter. In addition, any violation of Iowa Code chapter 481A, 481B, 482, 483A, 484A, 484B, or 716 shall be cause for the department to suspend, revoke, refuse to issue, or refuse to renew a permit.

571—114.16(456A) Penalties. A person or organization that violates a provision of this chapter is guilty of a simple misdemeanor.

These rules are intended to implement Iowa Code section 456A.24.

arc 0987b

PROFESSIONAL LICENSURE DIVISION[645]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 147.76, the Board of Behavioral Science Examiners hereby gives Notice of Intended Action to rescind Chapter 30, “Licensure of Marital and Family Therapists and Mental Health Counselors”; renumber Chapter 31, “Disciplinary Procedures,” as Chapter 33, “Discipline for Marital and Family Therapists and Mental Health Counselors”; adopt new Chapter 31, “Licensure of Marital and Family Therapists and Mental Health Counselors”; amend Chapter 32, “Continuing Education for Marital and Family Therapists and Mental Health Counselors”; and adopt new Chapter 34, “Fees,” Iowa Administrative Code.

The proposed amendments rescind the current licensing rules and fees and adopt a new chapter for licensure and for fees and renumber the chapter for discipline.

The Division revised these rules according to Executive Order Number 8. The Division sent ten letters to the public for comment and one letter was 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.

Any interested person may make written comments on the proposed amendments no later than October 23, 2001, addressed to Ella Mae Baird, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

A public hearing will be held on October 23, 2001, from9 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 and chapters 17A, 154D and 272C.

The following amendments are proposed.

ITEM 1. Rescind and reserve 645—Chapter 30.

ITEM 2. Renumber 645—Chapter 31 as 645—Chapter 33 and amend the title as follows:

CHAPTER 31 33
~~DISCIPLINARY PROCEDURES~~ DISCIPLINE FOR MARITAL AND FAMILY THERAPISTS AND
MENTAL HEALTH COUNSELORS

ITEM 3. Adopt new 645—Chapter 31 as follows:

CHAPTER 31
LICENSURE OF MARITAL AND FAMILY THERAPISTS AND MENTAL HEALTH COUNSELORS

645—31.1(154D) Definitions. For purposes of these rules, the following definitions shall apply:

“AMFTRB” means the Association of Marital and Family Therapy Regulatory Boards.

“Board” means the board of behavioral science examiners.

“Course” means three graduate semester credit hours.

“CRCC” means the Commission on Rehabilitation Counselor Certification.

“Department” means the department of public health.

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

“Licensee” means any person licensed to practice as a marital and family therapist or mental health counselor in the state of Iowa.

“License expiration date” means September 30 of even–numbered years.

“Licensure by endorsement” means the issuance of an Iowa license to practice mental health counseling or marital and family therapy to an applicant who is currently licensed in another state.

“NBCC” means National Board for Certified Counselors.

“Reciprocal license” means the issuance of an Iowa license to practice mental health counseling or marital and family therapy to an applicant who is currently licensed in another state which has a mutual agreement with the Iowa board of behavioral science examiners to license persons who have the same or similar qualifications to those required in Iowa.

645—31.2(154D) Requirements for licensure. The following criteria shall apply to licensure:

31.2(1) The applicant shall complete a board–approved application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure) or directly from the board office. All applications shall be sent to the Board of Behavioral Science Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

31.2(2) The applicant shall complete the application form according to the instructions contained in the application. If the application is not completed according to the instructions, the application will not be reviewed by the board.

31.2(3) Each application shall be accompanied by the appropriate fees payable by check or money order to the Board of Behavioral Science Examiners. The fees are nonrefundable.

31.2(4) No application will be considered by the board until official copies of academic transcripts sent directly from the school to the board of behavioral science examiners have been received by the board.

31.2(5) The candidate shall have the examination score sent directly from the testing service to the board.

31.2(6) The completed application form shall be filed with the board of behavioral science examiners with all required supervision forms and fees at least 90 days before the date of the examination.

31.2(7) Licensees who were issued their initial licenses within six months prior to the renewal shall not be required to renew their licenses until the renewal date two years later.

31.2(8) Incomplete applications that have been on file in the board office for more than two years shall be:

a. Considered invalid and shall be destroyed; or

b. Maintained upon written request of the candidate. The candidate is responsible for requesting that the file be maintained.

31.2(9) Notification of eligibility for examination shall be sent to the licensee by the board.

645—31.3(154D) Examination requirements. The following criteria shall apply to the written examination(s):

31.3(1) In order to qualify for licensing, the applicant:

a. For a marital and family therapist license shall take and pass the Association of Marital and Family Therapy Regulatory Board (AMFTRB) Examination in Marital and Family Therapy.

b. For a mental health counselor license shall take and pass the National Counselor Examination of the National Board for Certified Counselors, or the National Clinical Mental Health Counselor Examination of the NBCC.

31.3(2) The schedule for the written examination will establish the time, place, and other pertinent information or instructions.

31.3(3) The board will notify the applicant in writing of examination results.

31.3(4) Persons determined by the board not to have performed satisfactorily may apply for reexamination.

31.3(5) The passing score on the written examination shall be the passing point criterion established by the appropriate national testing authority at the time the test was administered.

645—31.4(154D) Educational qualifications for marital and family therapists. The applicant must present proof of meeting the following educational requirements for licensure as a marital and family therapist:

31.4(1) All courses must be at least three graduate semester credit hours. One semester hour shall equal 15 clock hours of course time. A course may not be used more than once to fulfill more than one content area.

31.4(2) Applicants must present with the application an official transcript verifying completion of a 45–semester–hour (or 60–quarter–hour) master’s degree or a doctoral degree in marital and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) from a college or university accredited by an agency recognized by the United States Department of Education or the Council on Postsecondary Accreditation; or

31.4(3) Applicants must present with the application an official transcript verifying completion of a 45–semester–hour (or 60–quarter–hour) master’s degree or a doctoral degree in a mental health, behavioral science, or a counseling–related field from a college or university accredited byan agency recognized by the United States Departmentof Education or the Council on Postsecondary Accredita–tion, which is content–equivalent to a graduate degree in marital and family therapy. In order to qualify as a “content–equivalent” degree, a graduate transcript must document:

a. At least three courses in each of the three areas listed below:

(1) Theoretical foundations of marital and family therapy systems. Any course which deals primarily in areas such as family life cycle; theories of family development; marriage or the family; sociology of the family; families under stress; the contemporary family; family in a social context; the cross–cultural family; youth/adult/aging and the family; family subsystems; individual, interpersonal relationships (marital, parental, sibling).

(2) Assessment and treatment in family and marital therapy. Any course which deals primarily in areas such as family therapy methodology; family assessment; treatment and intervention methods; overview of major clinical theories of marital and family therapy, such as communications, contextual, experiential, object relations, strategic, structural, systemic, transgenerational.

(3) Human development. Any course which deals primarily in areas such as human development; personality theory; human sexuality. One course must be psychopathology. If the applicant has taught a graduate–level course as outlined above at a college or university accredited by an agency recognized by the United States Department of Education or the Council on Professional Accreditation, that course will be credited toward the course requirements.

b. At least one course in each of the two areas listed below:

(1) Ethics and professional studies. Any course which deals primarily in areas such as professional socialization and the role of the professional organization; legal responsibilities and liabilities; independent practice and interprofessional cooperation; ethics; family law.

(2) Research. Any course which deals primarily in areas such as research design, methods, statistics; research in marital and family studies and therapy.

c. A practicum/internship of at least 300 clock hours is required for all applicants. The internship hours may be used to count toward the supervision requirement.

645—31.5(154D) Clinical experience requirements for marital and family therapists.

31.5(1) The supervised clinical experience shall:

a. Be a minimum of two years of full–time supervised clinical work experience in marital and family therapy;

b. Be completed following the practicum and all graduate coursework, with exception of the thesis;

c. Include successful completion of at least 200 hours of supervision concurrent with 1,000 hours of marital and family therapy conducted in face–to–face contact with couples and families;

d. Have only supervised clinical contact credited for this requirement; and

e. Include at least 100 of the 200 hours of supervision as individual supervision.

31.5(2) To meet the requirements of the supervised clinical experience:

a. The supervisee must:

(1) Meet with the supervisor a minimum of one hour per week, face to face and individually;

(2) Have training that is appropriate to the functions to be performed;

(3) Offer documentation in the name of the supervising marital and family therapist;

(4) Begin the experience after all academic requirements are met for the master’s degree or higher;

(5) Compute part–time employment on a prorated basis for the supervised professional experience;

(6) Have the background, training, and experience that is appropriate to the functions performed;

(7) Have supervision that is clearly distinguishable from personal psychotherapy and is contracted in order to serve professional/vocational goals;

(8) Have individual supervision that shall be face–to–face with no more than one supervisor to two supervisees;

(9) Have group supervision that may be completed with up to six supervisees and a supervisor; and

(10) Not participate in the following activities which are deemed unacceptable for clinical supervision:

1. Peer supervision, i.e., supervision by a person of equivalent, but not superior, qualifications, status, and experience.

2. Supervision, by current or former family members, or any other person, in which the nature of the personal relationship prevents, or makes difficult, the establishment of a professional relationship.

3. Administrative supervision, e.g., clinical practice performed under administrative rather than clinical supervision of an institutional director or executive.

4. A primarily didactic process wherein techniques or procedures are taught in a group setting, classroom, workshop, or seminar.

5. Consultation, staff development, or orientation to a field or program, or role–playing of family interrelationships as a substitute for current clinical practice in an appropriate clinical situation.

b. The supervisor shall:

(1) Be an Iowa licensed marriage and family therapist; or

(2) Be a supervisor or supervisor–in–training approved by the American Association for Marriage and Family Therapy Commission on Supervision; or

(3) Be an alternate supervisor who possesses qualifications equivalent to a licensed marital and family therapist, including mental health professionals licensed pursuant to Iowa Code chapter 147. Proposed alternate supervisors must submit an alternate supervision request form;

(4) Meet a minimum of one hour per week, face to face and individually with the supervisee;

(5) Provide training that is appropriate to the functions to be performed;

(6) Ensure that therapeutic work is completed under the professional supervision of a supervisor; and

(7) Not supervise any marital and family therapy or permit the supervisee to engage in any therapy which the supervisor cannot perform competently.

31.5(3) A person licensed as a marital and family therapist shall provide all supervision beginning on or after January 1, 2003.

31.5(4) An applicant who has obtained American Association for Marriage and Family Therapy clinical membership and has provided a transcript sent directly from the school to the board is considered to have met the education and clinical experience requirements of rules 31.4(154D) and 31.5(154D).

645—31.6(154D) Educational qualifications for mental health counselors. The applicant must present proof of meeting the following educational requirements for a mental health counselor:

31.6(1) All courses must be at least three graduate semester credit hours. One semester hour shall equal 15 clock hours of course time. A course may not be used more than once to fulfill more than one content area.

31.6(2) Applicants must present with the application an official transcript verifying completion of a 45–semester– hour (or 60–quarter–hour) master’s degree or a doctoral degree in counseling with emphasis in mental health counseling from a program accredited by the Council on Accreditation of Counseling and Related Educational Programs from a college or university accredited by an agency recognized by the United States Department of Education or the Council on Postsecondary Accreditation; or

31.6(3) Applicants must present with the application an official transcript verifying completion of a master’s degree or a doctoral degree from a college or university accredited by an agency recognized by the United States Department of Education or the Council on Postsecondary Accreditation which is content–equivalent to a master’s degree in counseling with emphasis in mental health counseling. The degree will be considered as “content–equivalent” if it includes 45 semester hours (or 60 quarter hours) and successful completion of graduate–level coursework in each of the following areas:

a. Counseling theories;

b. Supervised counseling practicum;

c. Human growth and development studies that provide an understanding of the nature and needs of individuals at all developmental levels. Studies in this area include, but are not limited to, the following:

(1) Theories of human development across the life–span;

(2) Major theories of personality development;

(3) Human behavior, including an understanding of developmental crises, disability, psychopathology, and cultural factors as they affect both normal and abnormal behavior;

d. Social and cultural foundations studies that provide an understanding of issues and trends in a multicultural and diverse society. Studies in this area include, but are not limited to, the following:

(1) Multicultural and pluralistic trends, including characteristics and concerns of diverse groups;

(2) Attitudes and behavior based on factors such as age, race, religious preference, physical disability, sexual orientation, ethnicity and culture, gender, socioeconomic status, and intellectual ability; and

(3) Individual and group interventions with diverse populations;

e. Helping relationships studies that provide an understanding of counseling and consultation processes. Studies in this area include, but are not limited to, the following:

(1) Helping skills, and counseling and consultation theories, including coverage of relevant research and factors considered in applications;

(2) Counselor or consultant characteristics and behaviors that influence helping processes, including gender and ethnicity differences, verbal and nonverbal behaviors and personal characteristics, orientations, and skills; and

(3) Client or consultee characteristics and behaviors that influence helping processes, including gender and ethnicity differences, verbal and nonverbal behaviors and personal characteristics, traits, capabilities, life circumstances, and developmental levels;

f. Group studies that provide an understanding of group development, dynamics, counseling theories, and group counseling methods and skills. Studies in this area include, but are not limited to, the following:

(1) Principles of group dynamics, including group proc–ess components, developmental stage theories, and group members roles behaviors;

(2) Group leadership styles and approaches, including characteristics of various types of group leaders and leadership styles;

(3) Theories of group counseling, including commonalities, distinguishing characteristics, and pertinent research and literature; and

(4) Group counseling methods, including group counselor orientations and behaviors, ethical considerations, appropriate selection criteria and methods, and methods of evaluation of effectiveness;

g. Career and lifestyle development studies that provide an understanding of career development and the interrelationships among work, family, and other life factors. Studies in this area include, but are not limited to, the following:

(1) Career development theories and decision–making models;

(2) Career, avocational, educational and labor market sources, print media, computer–assisted career guidance, and computer–based career information;

(3) Career development program planning;

(4) Interrelationships among work, family, and other life factors such as multicultural and gender issues, as related to career development;

(5) Career and educational placement, follow–up and evaluation; and

(6) Assessment instruments relevant to career planning and decision making;

h. Diagnosis and assessment treatment procedures studies that provide an understanding of individual and group approaches to assessment and evaluation. Studies in this area include, but are not limited to, the following:

(1) Theoretical and historical bases for assessment techniques and methods of interpretation of appraisal data and information;

(2) Types of educational and psychological appraisal as appropriate to the helping process;

(3) Validity, including evidence for establishing content, construct, and empirical validity;

(4) Reliability, including methods of establishing stability and internal and equivalence reliability;

(5) Major appraisal methods, including environmental assessment, performance assessment, individual and group test and inventory methods, behavioral observations, and computer–managed and computer–assisted methods;

(6) Psychometric statistics, including types of test scores, measures of central tendency, indices of variability, standard errors and correlations; and

(7) Gender, ethnicity, language, disability, and cultural factors related to the assessment and evaluation of individuals and groups;

i. Research and program evaluation studies that provide an understanding of types of research methods, basic statistics, and ethical and legal considerations in research. Studies in this area include, but are not limited to, the following:

(1) Basic types of research methods, including qualitative, quantitative–descriptive, and quantitative–descriptive–experimental designs;

(2) Basic statistics, including both univariate and bivariate hypothesis testing;

(3) Uses of computers for data management and analyses; and

(4) Ethical and legal considerations in research;

j. Professional orientation studies that provide an understanding of all aspects of professional functioning, including history, roles, organizational structures, ethics, standards, and credentialing. Studies in this area include, but are not limited to, the following:

(1) History of the helping professions, including significant factors and events;

(2) Professional roles and functions, including similarities with and differences from other types of professionals;

(3) Professional organizations (i.e., ACA, its divisions, and its branches), including membership benefits, activities, services to members, and current emphases;

(4) Ethical standards of the ACA and their evolution, legal issues, and applications to various professional activities (e.g., appraisal and group work);

(5) Professional preparation standards, their evolution, and current applications; and

(6) Professional credentialing, including certification, licensure, and accreditation practices and standards, and the effects of public policy on these issues;

k. Supervised counseling internship that provides an opportunity for the trainee to perform under supervision a variety of activities that a regularly employed staff member in a setting would be expected to perform. A regularly employed staff member is defined as a person occupying the pro–fessional role to which the trainee is aspiring. The intern–ship follows a supervised practicum experience. A three–semester–hour internship includes the following:

(1) A minimum of 120 hours of direct service with clientele appropriate to the program of study.

(2) A minimum of one hour per week of individual supervision, throughout the internship, usually performed by the on–site supervisor.

(3) A minimum of one and one–half hours per week of group supervision, throughout the internship, usually performed by a program faculty member supervisor;

l. Psychopathology studies that provide an understanding of the description, classification and diagnosis of behavior disorders and dysfunction. Studies in this area include, but are not limited to, the following:

(1) Study of cognitive, behavioral, physiological and interpersonal mechanisms for adapting to change and to stressors;

(2) Role of genetic, physiological, cognitive, environmental and interpersonal factors, and their interactions, on development of the form, severity, course and persistence of the various types of disorders and dysfunction;

(3) Research methods and findings pertinent to the description, classification, diagnosis, origin, and course of disorders and dysfunction;

(4) Theoretical perspectives relevant to the origin, development, and course and outcome for the forms of behavior disorders and dysfunction; and

(5) Methods of intervention or prevention used to minimize and modify maladaptive behaviors, disruptive and distressful cognition, or compromised interpersonal functioning associated with various forms of maladaptation.

645—31.7(154D) Clinical experience requirements for mental health counselors.

31.7(1) The supervised clinical experience shall:

a. Be a minimum of two years of full–time supervised professional work experience in mental health counseling;

b. Be completed following completion of the practicum and all graduate coursework, with exception of the thesis;

c. Include successful completion of at least 200 hours of supervision concurrent with 1,000 hours of mental health counseling conducted in face–to–face contact with individuals, couples or families;

d. Have only supervised clinical contact credited for this requirement; and

e. Include at least 100 of the 200 hours of supervision as individual supervision.

31.7(2) To meet the requirements of the supervised clinical experience:

a. The supervisee must:

(1) Meet with the supervisor a minimum of one hour per week, face to face and individually;

(2) Have training that is appropriate to the functions to be performed;

(3) Offer documentation in the name of the supervising mental health counselor;

(4) Begin the experience after all academic requirements are met for the master’s degree or higher;

(5) Compute part–time employment on a prorated basis for the supervised professional experience;

(6) Have the background, training, and experience that is appropriate to the functions performed;

(7) Have supervision that is clearly distinguishablefrom personal counseling and is contracted in order to serve professional/vocational goals;

(8) Have individual supervision that shall be face–to–face with no more than one supervisor to two supervisees;

(9) Have group supervision that may be completed with up to six supervisees and a supervisor; and

(10) Not participate in the following activities which are deemed unacceptable for clinical supervision:

1. Peer supervision, i.e., supervision by a person of equivalent, but not superior, qualifications, status, and experience.

3. Administrative supervision, e.g., clinical practice performed under administrative rather than clinical supervision of an institutional director or executive.

4. A primarily didactic process wherein techniques or procedures are taught in a group setting, classroom, workshop, or seminar.

b. The supervisor:

(1) May be a licensed mental health counselor in Iowa; or

(2) Shall be approved by the National Board for Certified Counselors (NBCC) as a licensed mental health counselor in Iowa; or

(3) May be an alternate supervisor that possesses qualifications equivalent to a licensed mental health counselor, including mental health professionals licensed pursuant to Iowa Code chapter 147. Proposed alternate supervisors must submit an alternate supervision request form;

(4) Shall meet a minimum of one hour per week, face to face and individually with the supervisee;

(5) Shall provide training that is appropriate to the functions to be performed;

(6) Shall ensure that therapeutic work is done under the professional supervision of a supervisor;

(7) Shall not supervise any mental health counselor or permit the supervisee to engage in any therapy which the supervisor cannot perform competently.

31.7(3) All supervision beginning on or after January 1, 2003, shall be provided by a person licensed as a mental health counselor.

31.7(4) An applicant who has obtained Certified Clinical Mental Health Counselor status with the National Board for Certified Counselors (NBCC) and submits a transcript sent directly from the school to the board is considered to have met the education and clinical experience requirements of rules 31.6(154D) and 31.7(154D).

31.7(5) Foreign–trained marital and family therapists or mental health counselors shall:

a. Provide an equivalency evaluation of their educational credentials by the following: International Educational Research Foundations, Inc., Credentials Evaluation Service, P.O. Box 3665, Culver City, CA 90231–3665, telephone (310)258–9451, Web site www.ierf.org or E–mail at info@ ierf.org. The professional curriculum must be equivalent to that stated in these rules. A candidate shall bear the expense of the curriculum evaluation.

b. Provide a notarized copy of the certificate or diploma awarded to the applicant from a mental health counselor program in the country in which the applicant was educated.

c. Receive a final determination from the board regarding the application for licensure.

645—31.8(154D) Licensure by endorsement. An applicant who has been a licensed marriage and family therapist or mental health counselor under the laws of another jurisdiction may file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who:

1. Submits to the board a completed application;

2. Pays the licensure fee;

3. Shows evidence of licensure requirements that are similar to those required in Iowa;

4. Provides official copies of the academic transcripts sent directly from the school to the board;

5. Supplies satisfactory evidence of the candidate’s qualifications in writing on the prescribed forms by the candidate’s supervisors. If verification of clinical experience is not available, the board may consider submission of documentation from the state in which the applicant is currently licensed or equivalent documentation of supervision; and

6. Provides verification(s) of licenses from all other states that have been sent directly from those states to the board office.

645—31.9(147) Licensure by reciprocal agreement. The board may enter into a reciprocal agreement with the District of Columbia or any state, territory, province or foreign country with equal or similar requirements for licensure of marital and family therapists or mental health counselors.

645—31.10(147) License renewal.

31.10(1) The biennial license renewal period for a license to practice marital and family therapy or mental health counseling shall begin on October 1 of even–numbered years and end on September 30 of the next even–numbered year. All licensees shall renew on a biennial basis.

31.10(2) A renewal of license application and a continuing education report form to practice marital and family therapy or mental health counseling shall be mailed to the licensee at least 60 days prior to the expiration of the license. Failure to receive the renewal application shall not relieve the license holder of the obligation to pay the biennial renewal fee(s) on or before the renewal date.

a. The licensee shall submit the completed application and the continuing education report form with the renewal fee to the board office before the license expiration date.

b. Individuals who were issued their initial licenses within six months of the license renewal date will not be required to renew their licenses until the next renewal date two years later.

c. 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 40 hours of continuing education per biennium for each subsequent license renewal.

d. Persons licensed to practice marital and family therapy or mental health counseling shall keep their renewal licenses displayed in a conspicuous public place at the primary site of practice.

31.10(3) Late renewal. If the renewal fee(s), continuing education report and renewal application are received within 30 days after the license renewal expiration date, the late fee for failure to renew before expiration is charged.

31.10(4) When all requirements for license renewal are met, the licensee shall be sent a license renewal card by regular mail.

645—31.11(272C) Exemptions for inactive practitioners.

31.11(1) A licensee who is not engaged in practice in the state of Iowa may be granted a waiver of compliance and obtain a certificate of exemption upon written application to the board. The application shall contain a statement that the applicant will not engage in practice in the state of Iowa without first complying with all regulations governing reinstatement after exemption. The application for a certificate of exemption shall be submitted upon the form provided by the board. A licensee must hold a current license to apply for exempt status. The licensee shall apply for inactive status prior to the license expiration date.

31.11(2) Reinstatement of exempted, inactive practitioners. Inactive practitioners who have requested and been granted a waiver of compliance with the renewal requirements and who have obtained a certificate of exemption shall, prior to engaging in the practice of the profession in Iowa, satisfy the requirements for reinstatement as outlined in 645—32.10(272C).

31.11(3) Licensees shall renew at the next scheduled renewal. Licensees whose licenses were reinstated within six months prior to the renewal shall not be required to renew their licenses until the renewal date two years later.

31.11(4) A new licensee who is on inactive status during the initial license renewal time period and reinstates before the first license expiration date will not be required to complete continuing education for that first license renewal time period only. Forty hours of continuing education will be required for every renewal thereafter.

31.11(5) Verifications of license(s) are required from any state in which the licensee has practiced since the Iowa license became inactive.

31.11(6) Reinstatement of inactive license after exemption. The following chart illustrates the requirements for reinstatement based on the length of time a license has been inactive.

An applicant shall satisfy the following requirements:	1 renewal	2 or more renewals
Submit written application for reinstatement to the board	Required	Required
Pay the current renewal fee	$100	$100
Pay the reinstatement fee	$50	$50
An applicant shall satisfy the following requirements (cont’d):	1 renewal	2 or more renewals
Furnish evidence of completion of approved continuing education OR	40 hours	80 hours
Furnish evidence of completion of the national examination	Successful completion of examination	Successful completion of examination
Total fees and continuing education hours required for reinstatement:	$150 and 40 hours	$150 and 80 hours

645—31.12(272C) Lapsed licenses.

31.12(1) If the renewal fee(s) and continuing education report are received more than 30 days after the license expiration date, the license is lapsed. An application for reinstatement accompanied by the reinstatement fee, the renewal fees for each biennium the license is lapsed and the late fee for failure to renew before expiration must be filed with the board. The licensee may be subject to an audit of the licensee’s continuing education report.

31.12(2) Licensees who have not fulfilled the requirements for license renewal or for an exemption in the required time frame will have a lapsed license and shall not engage in the practice of marital and family therapy or mental health

counseling. Practicing without a license may be cause for disciplinary action.

31.12(3) In order to reinstate a lapsed license, licensees shall comply with all requirements for reinstatement as outlined in 645—32.6(272C).

31.12(4) After reinstatement of the lapsed license, the licensee shall renew at the next scheduled renewal cycle and complete the continuing education required for the biennium.

31.12(5) Verifications of license(s) are required from any state in which the licensee has practiced since the Iowa license lapsed.

31.12(6) Reinstatement of a lapsed license. The following chart illustrates the requirements for reinstatement based on the length of time a license has lapsed.

An applicant shall satisfy the following requirements:	30 days after expiration date up to 1 renewal	2 renewals	3 renewals	4 renewals	5 renewals
Submit written application for reinstatement	Required	Required	Required	Required	Required
Pay the renewal fee(s)	$100	$200	$300	$400	$500
Pay the late fee	$50	$50	$50	$50	$50
Pay the reinstatement fee	$50	$50	$50	$50	$50
Complete continuing education requirements during the period since the license lapsed OR	40 hours	80 hours	120 hours	120 hours	120 hours
Furnish evidence of successful completion of the national examination	Successful completion of examination	Successful completion of examination	Successful completion of examination	Successful completion of examination	Successful completion of examination
Total fees and continuing education hours required for reinstatement:	$200 and 40 hours	$300 and 80 hours	$400 and 120 hours	$500 and 120 hours	$600 and 120 hours

645—31.13(17A,147,272C) License denial.

31.13(1) An applicant who has been denied licensure by the board may appeal the denial and request a hearing on the issues related to the licensure denial by serving a notice of appeal and request for hearing upon the board not more than 30 days following the date of mailing of the notification of licensure denial to the applicant. The request for hearing as outlined in these rules shall specifically describe the facts to be contested and determined at the hearing.

31.13(2) If an applicant who has been denied licensure by the board appeals the licensure denial and requests a hearing pursuant to this rule, the hearing and subsequent procedures shall be held pursuant to the process outlined in Iowa Code chapters 17A and 272C.

These rules are intended to implement Iowa Code chapters 17A, 147, 154D and 272C.

ITEM 4. Amend rule 645—32.6(272C) as follows:

645—32.6(272C) 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 must 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 past due and current renewal fees;

3. Pays late fee;

4. Pays reinstatement fee; and

5. Provides evidence of satisfactory completion of ~~continuing~~ :

Ÿ 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 40 by the number of bienniums since the license lapsed, to a maximum of ~~five~~ three renewal pe–riods. If the reinstated license is obtained in the first year of the continuing education biennium, the licensee shall obtain 40 hours of continuing education, and if the license is obtained in the second year of the continuing education biennium, the licensee shall obtain 20 hours of continuing education. ; or

~~6. The board may require an oral interview prior to reinstatement.~~

Ÿ Taking and passing the national examination within the past biennium. The licensee shall have the examination scores sent directly from the examination service to the board.

7 6. Those persons whose licenses have lapsed for more than two bienniums shall also be required to complete the appropriate professional examination.

ITEM 5. Amend rule 645—32.10(272C) as follows:

645—32.10(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 marital and family therapy or mental health counseling in the state of Iowa, satisfy the following requirements for reinstatement.

32.10(1) Submit written application for reinstatement to the board upon forms provided by the board; ~~and~~

32.10(2) Submit payment of the current renewal fee;

32.10(3) Submit payment of reinstatement fee; and

32.10(4) Furnish in the application evidence of completion of a :

a. A total number of hours of approved continuing education computed by multiplying 40 by the number of bienniums a certificate of exemption shall have been in effect for such applicant to a maximum of ~~five~~ two bienniums.; or If the reinstated license is obtained in the first year of the continuing education biennium the licensee shall obtain 40 hours of continuing education, and if the license is obtained in the second year of the continuing education biennium the licensee shall complete 20 hours of continuing education.

~~32.10(5)~~ ~~The board may require an oral interview prior to reinstatement.~~

b. Taking and passing the national examination within the past biennium. The licensee shall have the examination scores sent directly from the examination service to the board.

ITEM 6. Adopt new 645—Chapter 34 as follows:

CHAPTER 34
FEES

645—34.1(147,154D) License fees. All fees are nonrefundable.

34.1(1) Licensure fee for license to practice marital and family therapy or mental health counseling is $100.

34.1(2) Biennial license renewal fee for each biennium is $100.

34.1(3) Late fee for failure to renew before expiration is $50.

34.1(4) Reinstatement fee for a lapsed license or an inactive license is $50.

34.1(5) Duplicate license fee is $10.

34.1(6) Verification of license fee is $10.

34.1(7) Returned check fee is $15.

34.1(8) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code section 147.8 and chapters 17A, 154D and 272C.

arc 0990b

PROFESSIONAL LICENSURE DIVISION[645]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 147.76, the Board of Physical and Occupational Therapy Examiners hereby gives Notice of Intended Action to rescind Chapter 200, “Physical Therapy Examiners” and adopt newChapter 200, “Board of Physical and OccupationalTherapy Examiners—Physical Therapy Examiners”; rescind Chapter 201, “Occupational Therapy Examiners,” and adopt new Chapter 201, “Licensure of Physical Therapists and Physical Therapist Assistants”; rescind Chapter 202, “Physical Therapist Assistants,” and adopt new Chapter 202, “Discipline”; amend Chapter 203, “Continuing Education for Physical Therapists and Physical Therapist Assistants”; and adopt new Chapter 204, “Fees,” Iowa Administrative Code.

The proposed amendments adopt new chapters for the board, licensure, discipline and fees.

New chapters for licensure, discipline, and fees for occupational therapists and occupational therapy assistants are proposed in ARC 0989B published herein.

The Division revised these rules according to Executive Order Number 8. The Division sent letters to the public for comment and two 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 October 23, 2001, from9 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 and chapters 17A, 147, 148A and 272C.

The following amendments are proposed.

ITEM 1. Rescind 645—Chapter 200 and adopt the following new chapter in lieu thereof:

CHAPTER 200
BOARD OF PHYSICAL AND OCCUPATIONAL THERAPY EXAMINERS—
PHYSICAL THERAPY EXAMINERS

645—200.1(147) Definitions.

“Board” means the board of physical and occupational therapy examiners.

“Department” means the department of public health.

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

645—200.2(147) Availability of information.

200.2(1) All information regarding rules, forms, time and place of meetings, minutes of meetings, record of hearings, and examination results are available to the public between the hours of 8 a.m. and 4:30 p.m., Monday to Friday, except holidays.

200.2(2) Information may be obtained by writing to the Board of Physical and Occupational Therapy Examiners, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075. All official correspondence shall be in writing and directed to the board at this address.

These rules are intended to implement Iowa Code chapters 147 and 148A.

ITEM 2. Rescind 645—Chapter 201 and adopt the following new chapter in lieu thereof:

CHAPTER 201
LICENSURE OF PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS

645—201.1(147) Definitions. For purposes of these rules, the following definitions shall apply:

“Assistive personnel” means any person who carries out physical therapy and is not licensed as a physical therapist or physical therapist assistant. This definition does not include students as defined in Iowa Code section 148A.3(2).

“Board” means the board of physical and occupational therapy examiners.

“Department” means the department of public health.

“Inactive licensee” means any person licensed to practice physical therapy in Iowa who has met all conditions for officially placing the person’s license on inactive status. An inactive licensee may not practice physical therapy until the reinstatement requirements as defined in these rules are met.

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

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

“License expiration date” means the fifteenth day of the birth month every two years after initial licensure.

“Licensure by endorsement” means the issuance of an Iowa license to practice physical therapy to an applicant who is currently licensed in another state.

“On site” means:

1. To be continuously on site and present in the department or facility where the assistive personnel are performing services;

2. To be immediately available to assist the person being supervised in the services being performed; and

3. To provide continued direction of appropriate aspects of each treatment session in which a component of treatment is delegated to assistive personnel.

“PT” means physical therapist.

“PTA” means physical therapist assistant.

“Reciprocal license” means the issuance of an Iowa license to practice physical therapy to an applicant who is currently licensed in another state which has a mutual agreement with the Iowa board of physical and occupational therapy examiners to license persons who have the same or similar qualifications to those required in Iowa.

645—201.2(147) Requirements for licensure. The following criteria shall apply to licensure:

201.2(1) The applicant shall complete a board–approved application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure) or directly from the board office. All applications shall be sent to Board of Physical and Occupational Therapy Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

201.2(2) The applicant shall complete the application form according to the instructions contained in the application. If the application is not completed according to the instructions, the application will not be reviewed by the board.

201.2(3) Each application shall be accompanied by the appropriate fees payable by check or money order to the Board of Physical and Occupational Therapy Examiners. The fees are nonrefundable.

201.2(4) No application will be considered by the board until official copies of academic transcripts sent directly from the school to the board of physical and occupational therapy examiners have been received by the board. An applicant shall have successfully completed a physical therapy education program accredited by a national accreditation agency approved by the board.

201.2(5) Notification of eligibility for the examination shall be sent to the applicant by the board.

201.2(6) The candidate shall have the examination score sent directly from the testing service to the board.

201.2(7) Licensees who were issued their initial licenses within six months prior to the renewal date shall not be required to renew their licenses until the renewal date two years later.

201.2(8) Incomplete applications that have been on file in the board office for more than two years shall be:

a. Considered invalid and shall be destroyed; or

b. Maintained upon written request of the candidate. The candidate is responsible for requesting that the file be maintained.

645—201.3(147) Requirements for practice prior to licensure. The following criteria shall apply to an applicant who will be working in the scope of physical therapy prior to licensure. The application form shall include the name of the licensed physical therapist who will be providing supervision of the applicant until the applicant is licensed. The applicant shall notify the board, within seven days, of any change in supervision.

201.3(1) Applicant physical therapist. An applicant:

a. Shall make application for licensure;

b. Shall practice only under the supervision of a licensed physical therapist(s) for a period not to exceed six months in the case of licensure by examination;

c. May, during this time, evaluate, plan treatment programs, and provide periodic reevaluation only under on–site supervision of a licensed physical therapist who shall bear full responsibility for care provided by the applicant; and

d. Shall have all physical therapy records cosigned by a licensed physical therapist.

An applicant who fails the licensing examination shall not practice as an applicant physical therapist.

201.3(2) Applicant physical therapist assistant. An applicant:

a. Shall make application for licensure;

b. May practice under the supervision of a licensed physical therapist for a period not to exceed six months in the case of licensure by examination;

c. May, during this time, perform physical therapy procedures as delegated by the supervising physical therapist only under on–site supervision; and

d. Shall have all physical therapy records cosigned by a licensed physical therapist.

An applicant who fails the examination shall not practice as an applicant physical therapist assistant.

645—201.4(147) Examination requirements for physical therapists and physical therapist assistants. The following criteria shall apply to the written examination(s):

201.4(1) The applicant shall take and pass the National Physical Therapy Examination (NPTE) or other nationally recognized equivalent examination as defined by the board.

201.4(2) The applicant shall abide by the following criteria:

a. For examinations taken prior to July 1, 1994, satisfactory completion shall be defined as receiving an overall examination score exceeding 1.5 standard deviations below the national average.

b. For examinations completed after July 1, 1994, satisfactory completion shall be defined as receiving an overall examination score equal to or greater than the criterion–referenced passing point recommended by the Federation of State Boards of Physical Therapy.

201.4(3) Before the board may approve an applicant for testing beyond three attempts, an applicant shall reapply for licensure and shall demonstrate evidence satisfactory to the board of having successfully completed additional clinical training or coursework, or both.

201.4(4) Any person who has failed the NPTE or other nationally recognized equivalent examination shall not be eligible for licensure by endorsement for five years from the date of successful passage of the examination.

201.4(5) The applicant shall be notified by the board in writing of examination results.

645—201.5(147) Educational qualifications.

201.5(1) The applicant must present proof of meeting the following requirements for licensure as a physical therapist or physical therapist assistant:

a. Educational requirements—physical therapists. Physical therapists shall graduate from a physical therapy program accredited by a national accreditation agency approved by the board.

b. Educational requirements—physical therapist assistants. Physical therapist assistants shall graduate from a PTA program accredited by a national accreditation agency approved by the board.

201.5(2) Foreign–trained applicants shall:

a. Submit an English translation and an equivalency evaluation of their educational credentials by one of thefollowing: Foreign Credentialing Commission on Physical Therapy, Inc., P.O. Box 25827, Alexandria, VA 22313–9998, telephone (703)684–8406; International Educational Research Foundations, Inc., Credentials Evaluation Service, P.O. Box 3665, Culver City, CA 90231–3665, telephone (310)258–9451, Web site www.ierf.org, or E–mail at info@ierf.org; International Consultants of Delaware, Inc., 109 Barksdale, Professional Center, Newark, DE 19711, telephone (302)737–8715; International Credentialing Associates, Inc., 7245 Bryan Dairy Road, Bryan Dairy Business Park II, Largo, FL 33777, telephone (727)549–8555. The professional curriculum must be equivalent to the Commission of Accreditation in Physical Therapy Education standards. An applicant shall bear the expense of the curriculum evaluation.

b. Submit a notarized copy of the certificate or diploma awarded to the applicant from a physical therapy program in the country in which the applicant was educated and provide written proof that the applicant’s school of physical therapy education is recognized by its own ministry of education.

c. Submit certified proof of proficiency in the English language by achieving a score of at least 560 on the Test of English as a Foreign Language (TOEFL) paper examination and a score of at least 200 on the computer examination administered by Educational Testing Services, Inc., P.O. Box 6157, Princeton, NJ 08541–6157. An applicant shall bear the expense of the TOEFL examination.

d. Submit an official statement from each country’s or territory’s board of examiners or other regulatory authority regarding the status of the applicant’s license, including issue date, expiration date and information regarding any pending or prior investigations or disciplinary action. The applicants shall request such statements from all entities in which they are currently or formerly licensed.

e. Submit proof of legal authorization to be employed in a jurisdiction of the United States.

f. Receive a final determination from the board regarding the application for licensure.

201.5(3) Submit a waiver of the requirements in 201.5(2), if the foreign–educated physical therapist applicant is a graduate of a professional physical therapy educational program accredited by a national accrediting agency approved by the board.

645—201.6(272C) Supervision requirements. Supervision of a PT or PTA shall include the following:

201.6(1) Physical therapist supervisor responsibilities:

a. Supervision shall be provided to a PTA;

b. May provide on–site or telecommunicative supervision as long as the physical therapy services are rendered in accordance with the minimum frequency standards set forth in subrule 201.6(4);

c. Assume responsibility for all delegated tasks and shall not delegate a service which exceeds the expertise of the PTA;

d. Provide evaluation and development of a treatment plan for use by the PTA;

e. Supervise not more than two PTAs who are providing physical therapy per calendar day;

f. Maintain timely records which indicate the names of the PTAs for whom the PT has supervisory responsibility;

g. Ensure that a PTA under the PT’s supervision has a current license to practice as a PTA;

h. Ensure that an applicant under the PT’s supervision has a current application on file;

i. Ensure that the signature of a PTA or PT on a physical therapy treatment record indicates that the physical therapy services were provided in accordance with the rules and regulations for practicing as a PT or PTA.

201.6(2) Following are functions that only a physical therapist may provide:

a. Interpretation of referrals;

b. Initial physical therapy evaluation and reevaluations;

c. Identification, determination or modification of patient problems, goals, and care plans;

d. Final discharge evaluation and establishment of the discharge plan;

e. Assurance of the qualifications of all assistive personnel to perform assigned tasks through written documentation of their education or training that is maintained and available at all times;

f. Delegation of and instruction in the services to be rendered by the PTA or other assistive personnel including, but not limited to, specific tasks or procedures, precautions, special problems, and contraindicated procedures; and

g. Timely review of documentation, reexamination of the patient and revision of the plan when indicated.

201.6(3) Supervision of other assistive personnel. PTs are responsible for patient care provided by assistive personnel under their supervision. Physical therapy aides and other assistive personnel shall not provide independent patient care unless each of the following standards is satisfied:

a. The supervising PT has physical participation in the patient’s treatment or evaluation, or both, each treatment day;

b. The assistive personnel may provide independent patient care only while under the on–site supervision of the supervising PT;

c. Documentation made in physical therapy records by unlicensed assistive personnel shall be cosigned by the supervising PT; and

d. The PT provides periodic reevaluation of assistive personnel’s performance in relation to the patient.

201.6(4) The PT must provide patient evaluation and participate in treatment based upon the health care admission or residency status of the patient being treated. A PT may not delegate to the PTA the authority to provide more than the following:

Patient’s Health Care Residency or Admission Status	Maximum of Physical Therapist Delegation (whichever comes first)
Patient’s Health Care Residency or Admission Status
Hospital, acute care	3 visits or 2 consecutive calendar days
Hospital, non–CARF	3 visits or 2 consecutive calendar days
Hospital, CARF–accredited bed	4 visits or 4 consecutive calendar days
Skilled nursing	4 visits or 4 consecutive calendar days
Home health	4 visits or 9 consecutive calendar days
Nursing facility	9 visits or 9 consecutive calendar days
Iowa educational agency	4 visits or 29 consecutive calendar days
Other facility/ admissions status	4 visits or 9 consecutive calendar days
Calendar days include weekends and holidays.

201.6(5) Physical therapist assistant responsibilities:

a. May have on–site or immediate telecommunicative supervision as long as the physical therapy services are rendered in accordance with the minimum frequency standards set forth in subrule 201.6(4);

b. Provide only those services for which the PTA has the skills necessary to provide the procedures and consult the supervising physical therapist if the procedures are believed not to be in the best interest of the patient;

c. Gather data relating to the patient’s disability, but not interpret the data as it pertains to the plan of care;

d. May receive supervision from any number of physical therapists;

e. The signature of a PTA on a physical therapy treatment record indicates that the physical therapy services were provided in accordance with the rules and regulations for practicing as a PTA;

f. Communicate any change, or lack of change, which occurs in the patient’s condition and which may need the assessment of the PT;

g. Provide physical therapy services only under the supervision of the physical therapist;

h. Provide treatment only after evaluation and development of a treatment plan by the physical therapist;

i. Refer inquiries that require interpretation of patient information to the physical therapist.

201.6(6) Other assistive personnel. Physical therapy aides and other assistive personnel may assist a PTA in providing patient care in the absence of a PT only if the PTA maintains in–sight supervision of the physical therapy aide or other assistive personnel and the PTA is primarily and significantly involved in that patient’s care.

645—201.7(147) Licensure by endorsement.

201.7(1) An applicant who has been a licensed PT or PTA under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who:

a. Submits to the board a completed application;

b. Pays the licensure fee;

c. Shows evidence of licensure requirements that are similar to those required in Iowa;

d. Submits a copy of the scores from the appropriate professional examination to be sent from the examination service directly to the board;

e. Provides official copies of the academic transcripts sent directly from the school to the board; and

f. Provides verification of licenses from all other states sent directly from those states to the board office.

201.7(2) In addition to the requirements of 201.7(1), a physical therapist applicant shall:

a. Have completed 80 hours of board–approved continuing education during the immediately preceding two–year period; or

b. Have practiced physical therapy for a minimum of 2,080 hours during the immediately preceding two–year period as a licensed physical therapist; or

c. Have served the equivalent of one year as a full–time faculty member teaching physical therapy in an accredited school of physical therapy for at least one of the immediately preceding two years; or

d. Have successfully passed the examination within a period of one year from the date of examination to the time application is completed for licensure.

Any person that has failed the NPTE or other nationally recognized equivalent examination shall not be eligible for licensure by endorsement for five years from the date of successful passage of the examination.

201.7(3) In addition to the requirements of 201.7(1), a physical therapist assistant applicant shall:

a. Have completed 20 hours of board–approved continuing education during the immediately preceding two–year period; or

b. Have practiced as a physical therapist assistant for a minimum of 2,080 hours during the immediately preceding two–year period as a licensed physical therapist assistant; or

c. Have successfully passed the examination for physical therapy assistants within a period of one year from the date of examination to the time application is completed for licensure.

201.7(4) Individuals who were issued their licenses by endorsement within six months of the license renewal date will not be required to renew their licenses until the next renewal two years later.

201.7(5) An applicant for licensure under subrule 201.7(1) must include with this application a sworn statement of previous physical therapy practice from an employer or professional associate, detailing places and dates of employment and verifying that the applicant has practiced physical therapy at least 2,080 hours or taught as the equivalent of a full–time faculty member for at least one of the immediately preceding years during the last two–year time period.

201.7(6) Requirements for practice prior to licensure. An applicant who will be working in the scope of physical therapy prior to licensure shall include on the application form the name(s) of the licensed PT(s) who will be providing supervision of the applicant until the applicant is licensed. This supervision shall last for no longer than three months. In the event that there is a change of the licensed PT(s) providing supervision, the applicant shall submit the name(s) of the therapist(s) to the board in writing within seven days after the change in supervision takes place.

645—201.8(147) Licensure by reciprocal agreement. The board may enter into a reciprocal agreement with the District of Columbia or any state, territory, province or foreign country with equal or similar requirements for licensure of physical therapists or physical therapist assistants.

645—201.9(147) License renewal.

201.9(1) The biennial license renewal period for a license to practice as a physical therapist or physical therapist assistant shall begin on the fifteenth day of the birth month and end on the fifteenth day of the birth month two years later. All licensees shall renew on a biennial basis.

201.9(2) A renewal of license application and continuing education report form to practice as a physical therapist or physical therapist assistant shall be mailed to the licensee at least 60 days prior to the expiration of the license. Failure to receive the renewal application shall not relieve the license holder of the obligation to pay the biennial renewal fees on or before the renewal date.

a. The licensee shall submit the completed application and continuing education report form with the renewal fee to the board office before the license expiration date.

b. Individuals who were issued their initial licenses within six months of the license renewal date will not be required to renew their licenses until the next renewal two years later.

d. Persons licensed to practice as physical therapists or physical therapist assistants shall keep their renewal licenses displayed in a conspicuous public place at the primary site of practice.

201.9(3) Late renewal. If the renewal fees, continuing education report and renewal application are received within 30 days after the license renewal expiration date, the late fee for failure to renew before expiration is charged.

201.9(4) When all requirements for license renewal are met, the licensee shall be sent a license renewal card by regular mail.

645—201.10(272C) Exemptions for inactive practitioners.

201.10(1) Application for exemption. A licensee who is not engaged in practice in the state of Iowa may be granted a waiver of compliance and obtain a certificate of exemption upon written application to the board. The application shall contain a statement that the applicant will not engage in practice in the state of Iowa without first complying with all regulations governing reinstatement after exemption. The application for a certificate of exemption shall be submitted upon the form provided by the board. A licensee must hold a current license to apply for exempt status. The licensee shall apply for inactive status prior to the license expiration date.

201.10(2) Reinstatement of exempted, inactive practitioners. Inactive practitioners who have requested and been granted a waiver of compliance with the renewal requirements and who have obtained a certificate of exemption shall, prior to engaging in the practice of the profession in Iowa, satisfy the requirements for reinstatement as outlined in 645—203.9(148A,272C).

201.10(3) Licensees shall renew at the next scheduled renewal time. Licensees who were issued their reinstated licenses within six months prior to the renewal shall not be required to renew their licenses until the renewal date two years later.

201.10(4) A new licensee who is on inactive status during the initial license renewal time period and reinstates before the first license expiration date will not be required to complete continuing education for that first license renewal time period only. Hours of continuing education will be required for every renewal thereafter.

201.10(5) Reinstatement of inactive license after exemption. The following charts illustrate the requirements for reinstatement based on the length of time a license has been inactive.

a. Requirements for physical therapists:

An applicant shall satisfy the following requirements:	1 renewal	2 renewals	3 or more renewals
Submit written application for reinstatement to the board	Required	Required	Required
Pay the current renewal fee	$55	$55	$55
Pay the reinstatement fee	$50	$50	$50
Submit verifications from the District of Columbia and each state, country or territory in which the applicant has been or is currently licensed since putting the license on inactive status	Required	Required	Required
An applicant shall satisfy the following requirements (cont’d):	1 renewal	2 renewals	3 or more renewals
Furnish evidence of full–time practice in another state of the United States or District of Columbia and completion of continuing education OR	40 hours	80 hours	120 hours
Furnish evidence of completion of approved continuing education OR	40 hours	80 hours	120 hours
Furnish evidence of successful completion of the professional examination required for initial licensure completed within one year prior to submission of application for reinstatement	Successful completion of examination	Successful completion of examination	Successful completion of examination
Total fees and continuing education hours required for reinstatement:	$105 and 40 hours	$105 and 80 hours	$105 and 120 hours

b. Requirements for physical therapist assistants:

An applicant shall satisfy the following requirements:	1 renewal	2 renewals	3 or more renewals
Submit written application for reinstatement to the board	Required	Required	Required
Pay the current renewal fee	$45	$45	$45
Pay the reinstatement fee	$50	$50	$50
Submit verifications from the District of Columbia and each state, country or territory in which the applicant has been or is currently licensed since putting the license on inactive status	Required	Required	Required
Furnish evidence of full–time practice in another state of the United States or District of Columbia and completion of continuing education OR	20 hours	40 hours	60 hours
Furnish evidence of completion of approved continuing education OR	20 hours	40 hours	60 hours
Furnish evidence of successful completion of the professional examination required for initial licensure completed within one year prior to submission of application for reinstatement	Successful completion of examination	Successful completion of examination	Successful completion of examination
Total fees and continuing education hours required for reinstatement:	$95 and 20 hours	$95 and 40 hours	$95 and 60 hours

645—201.11(272C) Lapsed licenses.

201.11(1) If the renewal fees and continuing education report are received more than 30 days after the license expiration date, the license is lapsed. An application for reinstatement must be filed with the board accompanied by the reinstatement fee, the renewal fees for each biennium the license is lapsed and the late fee for failure to renew before expiration. The licensee may be subject to an audit of the licensee’s continuing education report.

201.11(2) Licensees who have not fulfilled the requirements for license renewal or for an exemption in the required time frame will have a lapsed license and shall not engage in the practice of physical therapy or physical therapist assis–tant. Practicing without a license may be cause for disciplinary action.

201.11(3) In order to reinstate lapsed licenses, licensees shall comply with all requirements for reinstatement as outlined in 645—203.5(148A).

201.11(4) After reinstatement of the lapsed license, the licensee shall renew at the next scheduled renewal cycle and complete the continuing education required for the biennium.

201.11(5) Verifications of license(s) are required from any state in which the licensee has practiced since the Iowa license lapsed.

201.11(6) Reinstatement of a lapsed license. The following charts illustrate the requirements for reinstatement based on the length of time a license has lapsed.

a. Requirements for physical therapists:

An applicant shall satisfy the following requirements:	30 days after expiration date up to one renewal	2 renewals	3 or more renewals
Submit written application for reinstatement	Required	Required	Required
Pay the renewal fee(s)	$55	$110	$165
Pay the late fee	$50	$50	$50
Pay the reinstatement fee	$50	$50	$50
Furnish evidence of satisfactory completion of continuing education requirements during the period since the license lapsed	40 hours	80 hours	120 hours
An applicant shall satisfy the following requirements (cont’d):	30 days after expiration date up to one renewal	2 renewals	3 or more renewals
Submit verifications from the District of Columbia and each state, country or territory in which the applicant has been or is currently licensed since the license lapsed	Required	Required	Required
Total fees and continuing education hours required for reinstatement:	$155 and 40 hours	$210 and 80 hours	$265 and 120 hours

b. Requirements for physical therapist assistants:

An applicant shall satisfy the following requirements:	30 days after expiration date up to one renewal	2 renewals	3 or more renewals
Submit written application for reinstatement	Required	Required	Required
Pay the renewal fee(s)	$45	$90	$135
Pay the late fee	$50	$50	$50
Pay the reinstatement fee	$50	$50	$50
Furnish evidence of satisfactory completion of continuing education requirements during the period since the license lapsed	20 hours	40 hours	60 hours
Submit verifications from the District of Columbia and each state, country or territory in which the applicant has been or is currently licensed since the license lapsed	Required	Required	Required
Total fees and continuing education hours required for reinstatement:	$145 and 20 hours	$190 and 40 hours	$235 and 60 hours

645—201.12(17A,147,272C) License denial.

201.12(1) An applicant who has been denied licensure by the board may appeal the denial and request a hearing on the issues related to the licensure denial by serving a notice of appeal and request for hearing upon the board not more than 30 days following the date of mailing of the notification of licensure denial to the applicant. The request for hearing as outlined in these rules shall specifically describe the facts to be contested and determined at the hearing.

201.12(2) If an applicant who has been denied licensure by the board appeals the licensure denial and requests a hearing pursuant to this rule, the hearing and subsequent procedures shall be held pursuant to the process outlined in Iowa Code chapters 17A and 272C.

These rules are intended to implement Iowa Code chapters 17A, 147, 148A and 272C.

ITEM 3. Rescind 645—Chapter 202 and adopt the following new chapter in lieu thereof:

CHAPTER 202
DISCIPLINE

645—202.1(272C) Grounds for discipline. The board may impose any of the disciplinary sanctions set forth in these rules, including civil penalties in an amount not to exceed $1,000, when the board determines that the licensee is guilty of any of the following acts or offenses.

202.1(1) All grounds listed in Iowa Code section 147.55.

202.1(2) Violation of the rules promulgated by the board.

202.1(3) Personal disqualifications:

a. Mental or physical inability reasonably related to and adversely affecting the licensee’s ability to practice in a safe and competent manner.

b. Involuntary commitment for treatment of mental illness, drug addiction or alcoholism.

202.1(4) Practicing the profession while the license is suspended or lapsed.

202.1(5) Revocation, suspension, or other disciplinary action taken by a licensing authority of another state, territory, or country; or failure by the licensee to report in writing to the Iowa board of physical and occupational therapy examiners revocation, suspension, or other disciplinary action taken by a licensing authority of another state, territory, or country; or both.

202.1(6) Negligence by the licensee in the practice of the profession, which is a failure to exercise due care including negligent delegation to or supervision of employees or other individuals whether or not injury results; or any conduct, practice or conditions which impair the ability to safely and skillfully practice the profession.

202.1(7) Failure to comply with the following rules of ethical conduct and practice:

a. A physical therapist shall not practice outside the scope of the license.

b. When the physical therapist does not possess the skill to evaluate a patient, plan the treatment program, or carry out the treatment, the physical therapist is obligated to assist in identifying a professionally qualified licensed practitioner to perform the service.

c. The practice of physical therapy shall minimally consist of:

(1) Interpreting all referrals.

(2) Evaluating each patient.

(3) Identifying and documenting individual patient’s problems and goals.

(4) Establishing and documenting a plan of care.

(5) Providing appropriate treatment.

(6) Determining the appropriate portions of the treatment program to be delegated to assistive personnel.

(7) Appropriately supervising individuals as described in rule 201.6(272C).

(8) Providing timely patient reevaluation.

(9) Maintaining timely and adequate patient records of all physical therapy activity and patient response.

d. It is the responsibility of the physical therapist to inform the referring practitioner when any requested treatment procedure is inadvisable or contraindicated. The physical therapist shall refuse to carry out orders that are inadvisable or contraindicated and advise the referring practitioner of such orders.

e. Treatment shall not be continued beyond the point of possible benefit to the patient or by treating more frequently than necessary to obtain maximum therapeutic effect.

f. It is unethical for the physical therapist to directly or indirectly request, receive, or participate in the dividing, transferring, assigning, rebating, or refunding of an unearned fee or to profit by means of credit or other valuable consideration as an unearned commission, discount, or gratuity in connection with the furnishing of physical therapy services.

g. The physical therapist shall not exercise undue influence on patients to purchase equipment produced or supplied by a company in which the physical therapist owns stock or has any other direct or indirect financial interest.

h. A physical therapist shall not permit another person to use the therapist’s license for any purpose.

i. A physical therapist shall not obtain, possess, or attempt to obtain or possess a controlled substance without lawful authority or sell, prescribe, give away, or administer a controlled substance in the practice of physical therapy.

j. A physical therapist shall not verbally or physically abuse a patient.

k. A physical therapist shall not engage in sexual misconduct. Sexual misconduct includes the following:

(1) Engaging in or soliciting a sexual relationship, whether consensual or nonconsensual, with a patient.

(2) Making sexual advances, requesting sexual favors, or engaging in other verbal conduct or physical contact of a sexual nature with a patient.

202.1(8) Failure to adequately supervise personnel in accordance with the standards for supervision set forth in rule 201.6(272C).

202.1(9) Unethical business practices, consisting of any of the following:

a. False or misleading advertising.

b. Betrayal of a professional confidence.

c. Falsifying patients’ records.

202.1(10) Failure to notify the board of a change of name or address within 30 days after it occurs.

202.1(11) Submission of a false report of continuing education, or failure to submit the required report of continuing education.

202.1(12) Failure to notify the board within 30 days after occurrence of any judgment or settlement of a malpractice claim or disciplinary action taken by another state.

202.1(13) Failure to comply with a subpoena issued by the board.

202.1(14) Failure to report to the board as provided in Iowa Code section 272C.9 any violation by another licensee of the reasons for disciplinary action as listed in this rule.

202.1(15) Failure to report to the board as provided in Iowa Code section 272C.9 any violation by a physical therapist assistant of the reasons for disciplinary action as listed in 645—Chapter 13.

202.1(16) Obtaining a license by fraud or misrepresentation.

202.1(17) Conviction of a felony related to the practice of physical therapy or the conviction of any felony that would affect the licensee’s ability to practice physical therapy. A copy of the record of conviction shall be conclusive evi–dence. Conviction shall include a finding or verdict of guilty, a plea of guilty, an admission of guilt, or a plea of nolo contendere.

202.1(18) Professional incompetency. Professional incompetency includes but is not limited to:

a. A substantial lack of knowledge or ability to discharge professional obligations within the physical therapist’s practice;

b. A substantial deviation by the physical therapist from the standards of learning or skill ordinarily possessed and applied by other physical therapists in the state of Iowa acting in the same or similar circumstances;

c. A failure by a physical therapist to exercise in a substantial respect that degree of care which is ordinarily exercised by the average physical therapist in the state of Iowa acting in the same or similar circumstances;

d. A willful or repeated departure from or the failure to conform to the minimal standard of acceptable and prevailing practice of physical therapy in the state of Iowa.

202.1(19) Inability to practice physical therapy with reasonable skill and safety by reason of a mental or physical impairment or chemical abuse.

202.1(20) Violating a lawful order of the board, previously entered by the board in a disciplinary or licensure hearing, or violating the terms and provisions of a consent agreement or informal settlement between a licensee and the board.

202.1(21) Failure to respond, when requested, to communications of the board within 30 days of the mailing of such communication by registered or certified mail.

202.1(22) Obtaining third–party payment through fraudulent means. Third–party payers include, but are not limited to, insurance companies and government reimbursement programs. Obtaining payment through fraudulent means includes, but is not limited to:

a. Reporting incorrect treatment dates for the purpose of obtaining payment;

b. Reporting charges for services not rendered;

c. Incorrectly reporting services rendered for the purpose of obtaining payment which is greater than that to which the licensee is entitled; or

d. Aiding a patient in fraudulently obtaining payment from a third–party payer.

202.1(23) Practicing without a current license or practicing when a license is lapsed.

This rule is intended to implement Iowa Code chapters 17A, 147, 148A and 272C.

ITEM 4. Rescind subrule 203.2(3) and renumber subrules 203.2(4) to 203.2(6) as 203.2(3) to 203.2(5).

ITEM 5. Amend rule 645—203.5(148A), numbered paragraphs “3” and “6,” as follows:

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

6. The applicant shall provide ~~an official statement~~ verifications from the District of Columbia and each country, territory and state ~~board of examiners regarding the status of the applicant’s license, including issue date, expiration date and information regarding any pending or prior investigations or disciplinary action~~ in which the applicant has been or is currently licensed since the license lapsed. ~~The applicant shall request such statement from all entities in which the applicant has been licensed since the Iowa license lapsed.~~

ITEM 6. Amend rule 645—203.8(148A,272C) as follows:

645—203.8(~~148A,~~272C) Continuing education ~~waiver~~ exemption for disability or illness. The board may, in individual cases involving disability or illness, grant ~~waivers~~ exemptions of the minimum education requirements or extension of time within which to fulfill the same or make the required reports. No ~~waiver~~ exemption or extension of time shall be granted unless written application therefor is made on forms provided by the board and signed by the licensee and appropriate licensed health care practitioners. The board may grant ~~a waiver~~ an exemption 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~~ an exemption has been granted continues beyond the period of ~~waiver~~ exemption, the licensee must reapply for an extension of the ~~waiver~~ exemption. The board may, as a condition of any ~~waiver~~ exemption granted, require the applicant to make up a certain portion or all of the minimum educational requirements ~~waived~~ exempted by such methods as may be prescribed by the board.

ITEM 7. Amend subrules 203.9(1) and 203.9(3) as follows:

203.9(1) Submit written application for reinstatement to the board upon forms provided by the board with the ~~current renewal fee and appropriate reinstatement fee; and~~ following:

a. The current renewal fee;

b. The reinstatement fee; and

c. Verifications from the District of Columbia and each country, territory and state in which the applicant has been or is currently licensed since the license was placed on inactive status.

~~203.9(3)~~ Submit an official statement from each country, territory and state board of examiners regarding the status of the applicant’s license, including issue date, expiration date and information regarding any pending or prior investigations or disciplinary action. The applicant shall request such statement from all entities in which the applicant has been licensed since putting the Iowa license on inactive status.

ITEM 8. Adopt new 645—Chapter 204 as follows:

CHAPTER 204
FEES

645—204.1(147,148A) License fees. All fees are nonrefundable.

204.1(1) Licensure fee for license to practice physical therapy or as a physical therapist assistant is $100.

204.1(2) Biennial license renewal fee for a physical therapist each biennium is $55.

204.1(3) Biennial license renewal fee for a physical therapist assistant each biennium is $45.

204.1(4) Late fee for failure to renew before expiration is $50.

204.1(5) Reinstatement fee for a lapsed license or an inactive license is $50.

204.1(6) Duplicate license fee is $10.

204.1(7) Verification of license fee is $10.

204.1(8) Returned check fee is $15.

204.1(9) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code section 147.8 and chapters 17A, 148A and 272C.

arc 0989b

PROFESSIONAL LICENSURE DIVISION[645]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 147.76,the Board of Physical and Occupational Therapy Exam–iners hereby gives Notice of Intended Action to adopt new Chapter 205, “Board of Physical and Occupational Therapy Examiners—Occupational Therapy Examiners,” and Chapter 206, “Licensure of Occupational Therapists and Occupational Therapy Assistants,” amend Chapter 207, “Continuing Education for Occupational Therapists and Occupational Therapy Assistants,” and adopt Chapter 208, “Discipline,” and Chapter 209, “Fees,” Iowa Administrative Code.

The proposed amendments adopt new chapters for the board, licensure, discipline and fees, and amend rules for continuing education.

The Division revised these rules according to Executive Order Number 8. The Division sent 18 letters to the public for comment and 5 letters were received in return. Division staff also had input on these rules. Comments received covered supervisory concerns, fees, and foreign–trained applicants. The comments were discussed by the Board and decisions were based on need, clarity, intent and statutory authority, cost and fairness.

These amendments are intended to implement Iowa Code section 147.76 and chapters 17A, 147, 148B and 272C.

The following amendments are proposed.

ITEM 1. Adopt new 645—Chapter 205 as follows:

CHAPTER 205
BOARD OF PHYSICAL AND
OCCUPATIONAL THERAPY EXAMINERS—
OCCUPATIONAL THERAPY EXAMINERS

645—205.1(147) Definitions.

“Board” means the board of physical and occupational therapy examiners.

“Department” means the department of public health.

“Examination” means the NBCOT examination for occupational therapists and for occupational therapy assistants.

“Licensee” means any person licensed to practice as an occupational therapist or occupational therapy assistant in the state of Iowa.

“NBCOT” means the National Board for Certification in Occupational Therapy.

645—205.2(147) Availability of information.

205.2(1) All information regarding rules, forms, time and place of meetings, minutes of meetings, record of hearings, and examination results is available to the public between the hours of 8 a.m. and 4:30 p.m., Monday to Friday, except holidays.

205.2(2) Information may be obtained by writing to the Board of Physical and Occupational Therapy Examiners, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075. All official correspondence shall be in writing and directed to the board at this address.

These rules are intended to implement Iowa Code chapters 147 and 148B.

ITEM 2. Adopt new 645—Chapter 206 as follows:

CHAPTER 206
LICENSURE OF OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS

645—206.1(147) Definitions. For purposes of these rules, the following definitions shall apply:

“Board” means the board of physical and occupational therapy examiners.

“Department” means the department of public health.

“Inactive licensee” means any person licensed to practice occupational therapy in Iowa who has met all conditions for officially placing the person’s license on inactive status. An inactive licensee may not practice occupational therapy until the reinstatement requirements as defined in these rules are met.

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

“Licensee” means any person licensed to practice as an occupational therapist or occupational therapy assistant in the state of Iowa.

“License expiration date” means the fifteenth day of the birth month every two years after initial licensure.

“Licensure by endorsement” means the issuance of an Iowa license to practice occupational therapy to an applicant who is currently licensed in another state.

“On site” means:

1. To be continuously on site and present in the department or facility where the assistive personnel are performing services;

2. To be immediately available to assist the person being supervised in the services being performed; and

3. To provide continued direction of appropriate aspects of each treatment session in which a component of treatment is delegated to assistive personnel.

“OT” means occupational therapist.

“OTA” means occupational therapy assistant.

“Reciprocal license” means the issuance of an Iowa license to practice occupational therapy to an applicant who is currently licensed in another state which has a mutual agreement with the Iowa board of physical and occupational therapy examiners to license persons who have the same or similar qualifications to those required in Iowa.

645—206.2(147) Requirements for licensure. The following criteria shall apply to licensure:

206.2(1) The applicant shall complete a board–approved application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure) or directly from the board office. All applications shall be sent to Board of Physical and Occupational Therapy Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

206.2(2) The applicant shall complete the application form according to the instructions contained in the application. If the application is not completed according to the instructions, the application will not be reviewed by the board.

206.2(3) Each application shall be accompanied by the appropriate fees payable by check or money order to the Board of Physical and Occupational Therapy Examiners. The fees are nonrefundable.

206.2(4) No application will be considered by the board until official copies of academic transcripts sent directly from the school to the board have been received by the board;

206.2(5) The applicant shall provide a notarized copy of the certificate or diploma indicating the degree awarded to the applicant, if the degree is not indicated on the official transcript.

206.2(6) The test score shall be sent directly from the examination service to the board confirming a passing score on the examination.

206.2(7) Licensees who were issued their initial licenses within six months prior to the renewal date shall not be required to renew their licenses until the renewal date two years later.

206.2(8) Incomplete applications that have been on file in the board office for more than two years shall be:

a. Considered invalid and shall be destroyed; or

b. Maintained upon written request of the candidate. The candidate is responsible for requesting that the file be maintained.

206.2(9) Persons not licensed but providing services in Iowa for not more than 90 days in a calendar year shall:

a. Send a letter stating the name of the individual providing supervision, start and end date of the service and location of the service; and

b. Provide verification of licensure if the nonresident:

(1) Is licensed under the laws of another state which has licensure requirements at least as stringent as the requirements as those in Iowa; or

(2) Meets the requirements for certification as an occupational therapist registered (O.T.R.) or a certified occupational therapist assistant (C.O.T.A.).

645—206.3(147) Requirements for practice prior to licensure. An applicant for permanent licensure who will be working in Iowa in the scope of occupational therapy prior to licensure shall include on the application form the name of the Iowa–licensed occupational therapist who will be providing supervision of the applicant until the applicant is licensed. In the event that there is a change in the licensed occupational therapist providing supervision, the applicant shall submit the name of the person providing the supervision in writing to the board within seven days after the change in supervision takes place. The application must be on file with the board office prior to starting employment and the application shall be completed within 90 days.

206.3(1) Applicant occupational therapist. The applicant:

a. Shall make application for licensure on forms provided by the board of physical and occupational therapy examiners;

b. Shall practice only under the supervision of a licensed occupational therapist for a period not to exceed six months in the case of licensure by examination;

c. May evaluate, plan treatment programs, and provide periodic reevaluation only under “on–site” supervision of a licensed occupational therapist who shall bear full responsibility for care provided under the occupational therapist’s supervision;

d. Shall have all occupational therapy records cosigned by the licensed occupational therapist supervisor; and

e. Shall not practice as an applicant occupational therapist if the applicant has failed the examination in any state, territory, or country.

206.3(2) Applicant occupational therapy assistant. The applicant:

a. Shall make application for licensure;

b. Shall practice under the supervision of a licensed occupational therapist for a period not to exceed six months in the case of licensure by examination;

c. May perform occupational therapy procedures as delegated by the supervising occupational therapist only under “on–site” supervision;

d. Shall have all documentation made in occupational therapy records by the applicant occupational therapy assistant cosigned by the supervising occupational therapist; and

e. Shall not practice as an applicant occupational therapy assistant if the applicant has failed the examination in any state, territory, or country.

645—206.4(147) Examination requirements. The following criteria shall apply to the written examination(s):

206.4(1) The applicant for licensure as an occupational therapist shall have received a passing score on the certification examination for occupational therapists. It is the responsibility of the applicant to make arrangements to take the examination and have the official results submitted directly from the examination service to the board of physical and occupational therapy examiners.

206.4(2) The applicant for licensure as an occupational therapy assistant shall have received a passing score on the certification examination for occupational therapy assistants. It is the responsibility of the applicant to make arrangements to take the examination and have the official results submitted directly from the examination service to the board of physical and occupational therapy examiners.

645—206.5(147) Educational qualifications.

206.5(1) The applicant must present proof of meeting the following requirements for licensure as an occupational therapist or occupational therapy assistant:

a. Occupational therapist. The applicant for licensure as an occupational therapist shall have completed the requirements for a degree in occupational therapy in an occupational therapy program accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association. The transcript shall show completion of a supervised field work experience.

b. Occupational therapy assistant. The applicant for licensure as an occupational therapy assistant shall be a graduate of an educational program approved by the American Occupational Therapy Association. The transcript shall show completion of a supervised field work experience.

206.5(2) Foreign–trained occupational therapists and occupational therapy assistants shall:

a. Provide an English translation and an equivalency evaluation of their educational credentials by one of the following: International Educational Research Foundations, Inc., Credentials Evaluation Service, P.O. Box 3665, Culver City, CA 90231–3665, telephone (310)258–9451; Web site www.ierf.org, or E–mail at info@ierf.org; or International Credentialing Associates, Inc.,7245 Bryan Dairy Road,Bryan Dairy Business Park II, Largo, FL 33777, telephone (727)549–8555. The professional curriculum must be equivalent to that stated in these rules. An applicant shall bear the expense of the curriculum evaluation.

b. Provide a notarized copy of the certificate or diploma awarded to the applicant from an occupational therapy program in the country in which the applicant was educated.

c. Submit certified proof of proficiency in the English language by achieving a score of at least 560 on the Test of English as a Foreign Language (TOEFL) paper examination and a score of at least 200 on the computer examination administered by the Educational Testing Services, Inc., P.O. Box 6157, Princeton, NJ 08541–6157. An applicant shall bear the expense of the TOEFL examination.

d. Receive a final determination from the board regarding the application for licensure.

645—206.6(272C) Supervision requirements. Supervision by an OT of an OTA and limited permit holder shall include the following:

206.6(1) Occupational therapist supervisor responsibilities:

a. Supervision shall be provided to an occupational therapy assistant and limited permit holder;

b. Supervision of the licensed occupational therapy assistant shall be for a minimum of four hours per month;

c. Supervision of the limited permit holder shall be one–to–one supervision for a minimum of two hours per week;

d. Evaluation shall be provided to each patient prior to treatment by the licensed occupational therapy assistant or occupational therapy assistant limited permit holder. This time spent in evaluating the patient by the therapist shall not be considered time spent supervising;

e. A treatment plan shall be written outlining which elements have been delegated to the licensed occupational therapy assistant or occupational therapy assistant limited permit holder;

f. Patient progress shall be monitored;

g. Evaluation of the treatment plan and determination of treatment termination shall be completed;

h. The occupational therapy assistant, limited permit holder, or applicant shall be assigned only those duties and responsibilities for which the assistant, limited permit holder or applicant has been specifically trained and is qualified to perform;

i. The occupational therapy assistant or limited permit holder under the occupational therapist’s supervision shall have a current license or limited permit to practice occupational therapy and have a current application on file; and

j. Care rendered by unlicensed personnel shall not be held out as, and shall not be charged as, occupational therapy unless direct in–sight supervision is provided by an occupational therapist or occupational therapy assistant.

206.6(2) Occupational therapists supervising other unlicensed personnel. The occupational therapist shall:

a. Evaluate the patient;

b. Develop a treatment plan with delegation of specific treatment responsibilities in writing; and

c. Monitor progress, change the treatment plan as indicated and determine termination of treatment.

206.6(3) Occupational therapy assistant responsibilities:

a. Follow the treatment plan written by the supervising occupational therapist outlining which elements have been delegated;

b. Maintain a plan of supervision; and

c. Maintain documentation of supervision on a daily basis that shall be available for review upon request of the board.

206.6(4) Occupational therapy assistant limited permit holder responsibilities:

a. Follow the treatment plan written by the supervising occupational therapist outlining which elements have been delegated;

b. Maintain a plan of supervision; and

c. Maintain documentation of supervision on a daily basis that shall be available for review upon request of the board.

645—206.7(148B) Limited permit to practice pending licensure.

206.7(1) A limited permit to practice as an occupational therapist or as an occupational therapy assistant may be granted to persons who have completed the educational and experience requirements to be licensed as an occupational therapist or occupational therapy assistant and are waiting to take the certification examination for the first time.

206.7(2) A limited permit allows a limited permit holder to practice only under the supervision of an Iowa–licensed occupational therapist. Supervision of the limited permit holder is defined in 206.6(272C).

206.7(3) A limited permit shall be valid until the date on which the results of the next qualifying examination have been made public. This limited permit shall not be renewed if the applicant has failed the examination.

206.7(4) An applicant for a limited permit shall submit the limited permit application fee and a completed application form obtained from the board of physical and occupational therapy examiners except for the certification examination results.

a. The applicant shall include on the application the name(s) and license number(s) of the occupational therapist(s) who will be providing supervision.

b. It is the responsibility of the limited permit holder to make arrangements to take the examination and to have the official results submitted to the board of physical and occupational therapy examiners and to submit the permanent licensure fee within 30 days of being eligible for permanent licensure.

206.7(5) An applicant for limited permit who will be working in Iowa in the scope of occupational therapy prior to licensure shall include on the application form the name of the Iowa–licensed occupational therapist who will be providing supervision of the applicant until the limited permit is issued. In the event that there is a change in the licensed occupational therapist providing supervision, the applicant shall submit the name(s) of the person(s) providing the supervision in writing to the board within seven days after the change in supervision takes place. The application must be on file with the board office prior to starting employment and the license application shall be completed within 30 days.

206.7(6) The limited permit holder shall not supervise an OTA. The limited permit holder may perform all other duties of the OT.

645—206.8(147) Licensure by endorsement. An applicant who has been a licensed occupational therapist or occupational therapy assistant under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who:

1. Submits to the board a completed application;

2. Pays the licensure fee;

3. Shows evidence of licensure requirements in the jurisdiction in which the applicant has been licensed that are similar to those required in Iowa;

4. Submits a copy of the scores from the appropriate professional examination sent from the examination service directly to the board;

5. Provides official copies of the academic transcripts sent directly from the school to the board;

6. Provides verification of licenses from all other states that have been sent directly from those states to the board office;

7. Shows evidence of:

Ÿ Completion of 30 hours for an occupational therapist and 15 hours for an occupational therapy assistant of board–approved continuing education during the immediately preceding two–year period; or

Ÿ The practice of occupational therapy for a minimum of 2,080 hours during the immediately preceding two–year period as a licensed occupational therapist or occupational therapy assistant; or

Ÿ Serving as a full–time equivalent faculty member teaching occupational therapy in an accredited school of occupational therapy for at least one of the immediately preceding two years; or

Ÿ Successfully passing the examination within a period of one year from the date of examination to the time application is completed for licensure.

Individuals who were issued their licenses by endorsement within six months of the license renewal date will not be required to renew their licenses until the next renewal two years later.

645—206.9(147) Licensure by reciprocal agreement. The board may enter into a reciprocal agreement with the District of Columbia or any state, territory, province or foreign country with equal or similar requirements for licensure of occupational therapists or occupational therapy assistants.

645—206.10(147) License renewal.

206.10(1) The biennial license renewal period for a license to practice as an occupational therapist or occupational therapy assistant shall begin on the sixteenth day of the birth month and end on the fifteenth day of the birth month two years later. All licensees shall renew on a biennial basis.

206.10(2) A renewal of license application and continuing education report form to practice as an occupational therapist or occupational therapy assistant shall be mailed to the licensee at least 60 days prior to the expiration of the license. Failure to receive the renewal application shall not relieve the license holder of the obligation to pay the biennial renewal fees on or before the renewal date.

a. The licensee shall submit the completed application and continuing education report form with the renewal fee to the board office before the license expiration date.

b. Individuals who were issued their initial licenses within six months of the license renewal date will not be required to renew their licenses until the next renewal two years later.

c. 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 30 hours of continuing education per biennium for occupational therapists and 15 hours of continuing education per biennium for occupational therapy assistants for each subsequent license renewal.

d. Persons licensed to practice as occupational therapists or occupational therapy assistants shall keep their renewal licenses displayed in a conspicuous public place at the primary site of practice.

206.10(3) Late renewal. If the renewal fees, continuing education report and renewal application are received within 30 days after the license expiration date, the late fee for failure to renew before expiration is charged.

206.10(4) When all requirements for license renewal are met, the licensee shall be sent a license renewal card by regular mail.

645—206.11(272C) Exemptions for inactive practitioners.

206.11(1) A licensee who is not engaged in practice in the state of Iowa may be granted a waiver of compliance and obtain a certificate of exemption upon written application to the board. The application shall contain a statement that the applicant will not engage in practice in the state of Iowa without first complying with all regulations governing reinstatement after exemption. The application for a certificate of exemption shall be submitted upon the form provided by the board. A licensee must hold a current license to apply for exempt status. The licensee shall apply for inactive status prior to the license expiration date.

206.11(2) Reinstatement of exempted, inactive practitioners. Inactive practitioners who have requested and been granted a waiver of compliance with the renewal requirements and who have obtained a certificate of exemption shall, prior to engaging in the practice of the profession in Iowa, satisfy the requirements for reinstatement as outlined in 645—207.9(272C).

206.11(3) Licensees shall renew at the next scheduled renewal time. Licensees who were issued their reinstatements within six months prior to the renewal date shall not be required to renew their licenses until the renewal date two years later.

206.11(4) A new licensee who is on inactive status during the initial license renewal time period and reinstates before the first license expiration date will not be required to complete continuing education for that first license renewal time period only. Hours of continuing education will be required for every renewal thereafter.

206.11(5) Reinstatement of inactive license after exemption. The following charts illustrate the requirements for reinstatement based on the length of time a license has been inactive.

a. Requirements for occupational therapists:

An applicant shall satisfy the following requirements:	1 renewal	2 renewals	3 or more renewals
Submit written application for reinstatement to the board	Required	Required	Required
Pay the current renewal fee	$55	$55	$55
Pay the reinstatement fee	$50	$50	$50
Submit verifications from the District of Columbia and each state, country or territory in which the applicant has been or is currently licensed since putting the license on inactive status	Required	Required	Required
Furnish evidence of full–time practice in another state of the United States or District of Columbia and completion of continuing education OR	30 hours	60 hours	90 hours
Furnish evidence of completion of approved continuing education OR	30 hours	60 hours	90 hours
Furnish evidence of successful completion of the professional examination required for initial licensure completed within one year prior to submission of application for reinstatement	Successful completion of examination	Successful completion of examination	Successful completion of examination
Total fees and continuing education hours required for reinstatement:	$105 and 30 hours	$105 and 60 hours	$105 and 90 hours

b. Requirements for occupational therapy assistants:

An applicant shall satisfy the following requirements:	1 renewal	2 renewals	3 or more renewals
Submit written application for reinstatement to the board	Required	Required	Required
Pay the current renewal fee	$45	$45	$45
Pay the reinstatement fee	$50	$50	$50
Submit verifications from the District of Columbia and each state, country or territory in which the applicant has been or is currently licensed since putting the license on inactive status.	Required	Required	Required
An applicant shall satisfy the following requirements (cont’d):	1 renewal	2 renewals	3 or more renewals
Furnish evidence of full–time practice in another state of the United States or District of Columbia and completion of continuing education OR	15 hours	30 hours	45 hours
Furnish evidence of completion of approved continuing education OR	15 hours	30 hours	45 hours
Furnish evidence of successful completion of the professional examination required for initial licensure completed within one year prior to submission of application for reinstatement	Successful completion of examination	Successful completion of examination	Successful completion of examination
Total fees and continuing education hours required for reinstatement:	$95 and 15 hours	$95 and 30 hours	$95 and 45 hours

645—206.12(272C) Lapsed licenses.

206.12(1) If the renewal fees and continuing education report are received more than 30 days after the license renewal expiration date, the license is lapsed. An application for reinstatement must be filed with the board accompanied by the reinstatement fee, the renewal fee(s) for each biennium the license is lapsed and the late fee for failure to renew before expiration. The licensee may be subject to an audit of the licensee’s continuing education report.

206.12(2) Licensees who have not fulfilled the requirements for license renewal or for an exemption in the required time frame will have a lapsed license and shall not engage in the practice of occupational therapy or occupational therapy assistant. Practicing without a license may be cause for disciplinary action.

206.12(3) In order to reinstate a lapsed license, a licensee shall comply with all requirements for reinstatement as outlined in 645—207.5(147).

206.12(4) After reinstatement of the lapsed license, the licensee shall renew at the next scheduled renewal cycle and complete the continuing education required for the biennium.

206.12(5) Verifications of license(s) are required from any state in which the licensee has practiced since the Iowa license lapsed.

206.12(6) Reinstatement of a lapsed license. The following charts illustrate the requirements for reinstatement based on the length of time a license has lapsed.

a. Requirements for occupational therapists:

An applicant shall satisfy the following requirements:	30 days after expiration date up to one renewal	2 renewals	3 or more renewals
Submit written application for reinstatement	Required	Required	Required
Pay the renewal fee(s)	$55	$110	$165
Pay the late fee	$50	$50	$50
Pay the reinstatement fee	$50	$50	$50
Submit verifications from the District of Columbia and each state, country or territory in which the applicant has been or is currently licensed since the license lapsed	Required	Required	Required
Furnish evidence of satisfactory completion of continuing education requirements during the period since the license lapsed	30 hours	60 hours	90 hours
Total fees and continuing education hours required for reinstatement:	$155 and 30 hours	$210 and 60 hours	$265 and 90 hours

b. Requirements for occupational therapy assistants:

An applicant shall satisfy the following requirements:	30 days after expiration date up to one renewal	2 renewals	3 or more renewals
Submit written application for reinstatement	Required	Required	Required
Pay the renewal fee(s)	$45	$90	$135
Pay the late fee	$50	$50	$50
Pay the reinstatement fee	$50	$50	$50
Submit verifications from the District of Columbia and each state, country or territory in which the applicant has been or is currently licensed since the license lapsed	Required	Required	Required
An applicant shall satisfy the following requirements (cont’d):	30 days after expiration date up to one renewal	2 renewals	3 or more renewals
Furnish evidence of satisfactory completion of continuing education requirements during the period since the license lapsed	15 hours	30 hours	45 hours
Total fees and continuing education hours required for reinstatement:	$145 and 15 hours	$190 and 30 hours	$235 and 45 hours

645—206.13(17A,147,272C) License denial.

206.13(1) An applicant who has been denied licensure by the board may appeal the denial and request a hearing on the issues related to the licensure denial by serving a notice of appeal and request for hearing upon the board not more than 30 days following the date of mailing of the notification of licensure denial to the applicant. The request for hearing as outlined in these rules shall specifically describe the facts to be contested and determined at the hearing.

206.13(2) If an applicant who has been denied licensure by the board appeals the licensure denial and requests a hearing pursuant to this rule, the hearing and subsequent procedures shall be held pursuant to the process outlined in Iowa Code chapters 17A and 272C.

These rules are intended to implement Iowa Code chapters 17A, 147, 148B and 272C.

ITEM 3. Rescind subrule 207.2(3) and renumber subrules 207.2(4) to 207.2(6) as 207.2(3) to 207.2(5).

ITEM 4. Amend rule 645—207.5(147), numbered paragraphs “3,” “5” and “6,” as follows:

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

5. Provides ~~an official statement~~ :

Ÿ Verifications of licensure from the District of Columbia and each country, territory and state ~~board of examiners regarding the status of the applicant’s license, including issue date, expiration date and information regarding any pending or prior investigations or disciplinary action~~ in which the applicant is currently or has been licensed since the license lapsed. ~~The applicant shall request such statement from all entities in which the applicant has been licensed since the Iowa license lapsed;~~ or

~~6. Provides evidence~~ Ÿ Evidence of satisfactory completion of Iowa 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 30 for the occupational therapist licensees and 15 for occupational therapy assistant licensees by the number of bienniums since the license lapsed. Occupational therapist licensees shall have a maximum of 90 hours of continuing education and occupational therapy assistant licensees shall have a maximum of 45 hours of continuing education.

ITEM 5. Amend rule 645—207.8(272C) as follows:

645—207.8(272C) Continuing education ~~waiver~~ exemption for disability or illness. The board may, in individual cases involving disability or illness, grant ~~waivers~~ exemptions of the minimum education requirements or extension of time within which to fulfill the same or make the required reports. No ~~waiver~~ exemption or extension of time shall be granted unless written application therefor is made on forms provided by the board and signed by the licensee and appropriate licensed health care practitioners. The board may grant ~~a waiver~~ an exemption 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~~ an exemption has been granted continues beyond the period of ~~waiver~~ exemption, the licensee must reapply for an extension of the ~~waiver~~ exemption. The board may, as a condition of any ~~waiver~~ exemption granted, require the applicant to make up a certain portion or all of the minimum educational requirements ~~waived~~ exempted by such methods as may be prescribed by the board.

ITEM 6. Amend subrule 207.9(1), paragraphs “b” and “d,” as follows:

b. Pays ~~all~~ current renewal ~~fees~~ fee(s) then due;

d. Provides ~~an official statement~~ verifications from the District of Columbia and each country, territory and state ~~board of examiners~~ regarding the status of the applicant’s license~~, including issue date, expiration date and information regarding any pending or prior investigations or disciplinary action~~. The applicant shall request such statement from all entities in which the applicant has been licensed since put–ting the Iowa license on inactive status.

ITEM 7. Amend paragraph 207.9(2)“c” as follows:

c. Successful completion of the ~~appropriate professional~~ NBCOT examination, successfully completed within one year immediately prior to the submission of ~~such~~ the application for reinstatement.

ITEM 8. Adopt new 645—Chapter 208 as follows:

CHAPTER 208
DISCIPLINE

645—208.1(272C) Grounds for discipline. The board may impose any of the disciplinary sanctions set forth in rule 645—13.1(272C), including civil penalties in an amount not to exceed $1000, when the board determines that a licensee is guilty of any of the following acts or offenses.

208.1(1) All grounds listed in Iowa Code section 147.55.

208.1(2) Violation of the rules promulgated by the board.

208.1(3) Personal disqualifications:

a. Mental or physical inability reasonably related to and adversely affecting the licensee’s ability to practice in a safe and competent manner.

b. Involuntary commitment for treatment of mental illness, drug addiction or alcoholism.

208.1(4) Practicing the profession while the license is suspended or lapsed.

208.1(5) Revocation, suspension, or other disciplinary action taken by a licensing authority of another state, territory, or country; or failure by the licensee to report in writing to the Iowa board of physical and occupational therapy examiners revocation, suspension, or other disciplinary action taken by a licensing authority of another state, territory, or country; or both.

208.1(6) Negligence by the licensee in the practice of the profession, which is a failure to exercise due care including negligent delegation to or supervision of employees or other individuals whether or not injury results; or any conduct, practice or conditions which impair the ability to safely and skillfully practice the profession.

208.1(7) Failure to comply with the following rules of ethical conduct and practice:

a. An occupational therapist or occupational therapy assistant shall not practice outside the scope of the license.

b. When the occupational therapist or occupational therapy assistant does not possess the skill to evaluate a patient, plan the treatment program, or carry out the treatment, the occupational therapist or occupational therapy assistant is obligated to assist in identifying a professionally qualified licensed practitioner to perform the service.

c. The practice of occupational therapy shall minimally consist of:

(1) Interpreting all referrals.

(2) Evaluating each patient.

(3) Identifying and documenting individual patient’s problems and goals.

(4) Establishing and documenting a plan of care.

(5) Providing appropriate treatment.

(6) Determining the appropriate portions of the treatment program to be delegated to assistive personnel.

(7) Appropriately supervising individuals as described in rule 645—206.6(272C).

(8) Providing timely patient reevaluation.

(9) Maintaining timely and adequate patient records of all occupational therapy activity and patient response.

d. It is the responsibility of the occupational therapist to inform the referring practitioner when any requested treatment procedure is inadvisable or contraindicated. The occupational therapist shall refuse to carry out orders that are inadvisable or contraindicated and advise the referring practitioner as such.

e. Treatment shall not be continued beyond the point of possible benefit to the patient or by treating more frequently than necessary to obtain maximum therapeutic effect.

f. It is unethical for the occupational therapist or occupational therapy assistant to directly or indirectly request, receive, or participate in the dividing, transferring, assigning, rebating, or refunding of an unearned fee or to profit by means of credit or other valuable consideration as an unearned commission, discount, or gratuity in connection with the furnishing of occupational therapy services.

g. The occupational therapist or occupational therapy assistant shall not exercise undue influence on patients to purchase equipment produced or supplied by a company in which the occupational therapist or occupational therapy assistant owns stock or has any other direct or indirect financial interest.

h. An occupational therapist or occupational therapy assistant shall not permit another person to use the therapist’s or assistant’s license for any purpose.

i. An occupational therapist or occupational therapy assistant shall not obtain, possess, or attempt to obtain or possess a controlled substance without lawful authority or sell, prescribe, give away, or administer a controlled substance in the practice of occupational therapy.

j. An occupational therapist or occupational therapy assistant shall not verbally or physically abuse a patient.

k. An occupational therapist or occupational therapy assistant shall not engage in sexual misconduct. Sexual misconduct includes the following:

(1) Engaging in or soliciting a sexual relationship, whether consensual or nonconsensual, with a patient.

(2) Making sexual advances, requesting sexual favors, or engaging in other verbal conduct or physical contact of a sexual nature with a patient.

208.1(8) Failure to adequately supervise personnel in accordance with the standards for supervision set forth in rule 645—206.6(272C).

208.1(9) Unethical business practices, consisting of any of the following:

a. False or misleading advertising.

b. Betrayal of a professional confidence.

c. Falsifying a patient’s records.

208.1(10) Failure to notify the board of a change of name or address within 30 days after it occurs.

208.1(11) Submission of a false report of continuing education, or failure to submit the required report of continuing education.

208.1(12) Failure to notify the board within 30 days after occurrence of any judgment or settlement of a malpractice claim or disciplinary action taken by another state.

208.1(13) Failure to comply with a subpoena issued by the board.

208.1(14) Failure to report to the board as provided in Iowa Code section 272C.9 any violation by another licensee of the reasons for disciplinary action as listed in this rule.

208.1(15) Failure to report to the board as provided in Iowa Code section 272C.9 any violation by an occupational therapist or occupational therapy assistant of the reasons for disciplinary action as listed in this rule.

208.1(16) Obtaining a license by fraud or misrepresentation.

208.1(17) Conviction of a felony related to the practice of occupational therapy or the conviction of any felony that would affect the licensee’s ability to practice occupational therapy. A copy of the record of conviction shall be conclusive evidence. Conviction shall include a finding or verdict of guilty, a plea of guilty, an admission of guilt, or a plea of nolo contendere.

208.1(18) Professional incompetency. Professional incompetency includes but is not limited to:

a. A substantial lack of knowledge or ability to discharge professional obligations within the occupational therapist’s or occupational therapy assistant’s practice;

b. A substantial deviation by the occupational therapist or occupational therapy assistant from the standards of learning or skill ordinarily possessed and applied by other occupational therapists and occupational therapy assistants in the state of Iowa acting in the same or similar circumstances;

c. A failure by an occupational therapist or occupational therapy assistant to exercise in a substantial respect that degree of care which is ordinarily exercised by the average occupational therapist or occupational therapy assistant in the state of Iowa acting in the same or similar circumstances;

d. A willful or repeated departure from or the failure to conform to the minimal standard of acceptable and prevailing practice of occupational therapy in the state of Iowa.

208.1(19) Inability to practice occupational therapy with reasonable skill and safety by reason of a mental or physical impairment or chemical abuse.

208.1(20) Violating a lawful order of the board, previously entered by the board in a disciplinary or licensure hearing, or violating the terms and provisions of a consent agreement or informal settlement between a licensee and the board.

208.1(21) Failure to respond, when requested, to communications of the board within 30 days of the mailing of such communication by registered or certified mail.

208.1(22) Obtaining third–party payment through fraudulent means. Third–party payers include, but are not limited to, insurance companies and government reimbursement programs. Obtaining payment through fraudulent means includes, but is not limited to:

a. Reporting incorrect treatment dates for the purpose of obtaining payment;

b. Reporting charges for services not rendered;

c. Incorrectly reporting services rendered for the purpose of obtaining payment which is greater than that to which the licensee is entitled; or

d. Aiding a patient in fraudulently obtaining payment from a third–party payer.

208.1(23) Practicing without a current license or practicing when a license is lapsed.

This rule is intended to implement Iowa Code chapters 17A, 147, 148B and 272C.

ITEM 9. Adopt new 645—Chapter 209 as follows:

CHAPTER 209
FEES

645—209.1(147,148B) License fees. All fees are nonrefundable.

209.1(1) Licensure fee for license to practice occupational therapy, licensure by endorsement, or licensure by reciprocity is $100.

209.1(2) Licensure fee for a license to practice as an occupational therapy assistant is $90.

209.1(3) Biennial license renewal fee for an occupational therapist each biennium is $55.

209.1(4) Biennial license renewal fee for an occupational therapy assistant each biennium is $45.

209.1(5) The application fee for a limited permit is $25.

209.1(6) Late fee for failure to renew before expiration is $50.

209.1(7) Reinstatement fee for a lapsed license or an inactive license is $50.

209.1(8) Duplicate license fee is $10.

209.1(9) Verification of license fee is $10.

209.1(10) Returned check fee is $15.

209.1(11) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code section 147.8 and chapters 17A, 148B and 272C.

arc 0988b

PROFESSIONAL LICENSURE DIVISION[645]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 147.76, the Board of Athletic Training Examiners hereby gives Notice of Intended Action to adopt new Chapter 349, “Board of Athletic Training Examiners”; to rescind Chapter 350, “Athletic Training,” and adopt new Chapter 350, “Licensure of Athletic Trainers”; to amend Chapter 351, “Continuing Education for Athletic Trainers”; and to adopt new Chapter 352, “Discipline for Athletic Trainers,” and new Chapter 353, “Fees,” Iowa Administrative Code.

The proposed amendments rescind the current licensing rules and fees and adopt new chapters for licensure, disci–pline and fees.

The Division revised these rules according to Executive Order Number 8. The Division sent letters to the public for comment and three 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 October 23, 2001, from1 to 3 p.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at which time persons may pre–sent 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 chapters 17A, 152D and 272C.

The following amendments are proposed.

ITEM 1. Adopt new 645—Chapter 349 as follows:

CHAPTER 349
BOARD OF ATHLETIC TRAINING EXAMINERS

645—349.1(152D) General definitions.

“Active engagement” or “actively engaged” in the practice of athletic training, for the purposes of Iowa Code sections 152D.3(2) and 152D.3(3), means that a person is either:

1. Currently certified by the National Athletic Trainers Association Board of Certification; or

2. Practicing athletic training as verified by notarized signatures from:

Ÿ The athletic director or administrator of the institution, facility, or agency for which the person is currently providing services; and

Ÿ The supervising physician for the institution, facility, or agency for which the person is currently providing services.

“Administrator” means the administrator of the board of athletic training examiners.

“Board” means the board of athletic training examiners.

“Licensed athletic trainer” means a person licensed under Iowa Code chapter 152D.

“NATA” means the National Athletic Trainers Association.

“NATABOC” means the National Athletic Trainers Association Board of Certification or its successor organization.

“Physical reconditioning” means the part of the practice of athletic training which combines physical treatment and exercise and is carried out under the orders of a physician or physician assistant. Physical treatment is part of a service plan which includes but is not limited to the continued use of any of the following: cryotherapy, thermotherapy, hydrotherapy, electrotherapy, or the use of mechanical devices.

“Physician” means a person licensed to practice medicine and surgery, osteopathic medicine and surgery, osteopathy, chiropractic, or podiatry under the laws of this state.

“Practice of athletic training” means the prevention, physical evaluation, emergency care, and physical reconditioning relating to injuries and illnesses incurred through sports–induced trauma, which occurs during the preparation for or participation in a sports competition or during a physical training program, either of which is sponsored by an educational institution, amateur or professional athletic group, or other recognized sponsoring organization, by a person who uses the title of licensed athletic trainer.

“Supervising physician” means a physician who supervises the athletic training services provided by a licensed athletic trainer.

“Supervision” means that a supervising physician directs the performance of a licensed athletic trainer in the development, implementation, and evaluation of an athletic training service plan as set out in 645—350.5(152D). Supervision shall not be construed as requiring the personal presence of a supervising physician at each activity of the licensed athletic trainer. It is the responsibility of the licensed athletic trainer to ensure that the practice of athletic training is carried out only under the supervision of a licensed physician.

645—349.2(152D) Availability of information.

349.2(1) All information regarding rules, forms, time and place of meetings, minutes of meetings, record of hearings, and examination results is available to the public between the hours of 8 a.m. and 4:30 p.m., Monday to Friday, except holidays.

349.2(2) Information may be obtained by writing to the Board of Athletic Training Examiners, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075. All official correspondence shall be in writing and directed to the board at this address.

645—349.3(152D) Organization and proceedings.

349.3(1) The board of athletic training examiners consists of seven members appointed by the governor and confirmed by the senate. The members of the board shall include three licensed athletic trainers, three physicians licensed to practice medicine and surgery, and one member not licensed to practice athletic training or medicine and surgery who shall represent the general public. Members shall serve three–year terms. A quorum shall consist of a majority of the members of the board.

349.3(2) A chairperson, vice chairperson, and secretary shall be elected at the first board meeting after April 30 of each year.

349.3(3) The board shall hold quarterly meetings and may hold additional meetings as called by the board chairperson, a majority of the board members, or the administrator. The chairperson shall designate the date, place, and time prior to each meeting of the board. The board shall follow the latest edition of Robert’s Revised Rules of Order whenever any objection is made as to the manner in which the board proceeds at a meeting.

These rules are intended to implement Iowa Code chapters 147 and 152D.

ITEM 2. Rescind 645—Chapter 350 and adopt the following new chapter in lieu thereof:

CHAPTER 350
LICENSURE OF ATHLETIC TRAINERS

645—350.1(152D) Definitions. For purposes of these rules, the following definitions shall apply:

“Board” means the board of athletic training examiners.

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

“Licensee” means any person licensed to practice as an athletic trainer in the state of Iowa.

“License expiration date” means February 28 of each odd–numbered year.

“Licensure by endorsement” means the issuance of an Iowa license to practice athletic training to an applicant who is currently licensed in another state.

“Reciprocal license” means the issuance of an Iowa license to practice athletic training to an applicant who is currently licensed in another state which has a mutual agreement with the Iowa board of athletic training examiners to license persons who have the same or similar qualifications to those required in Iowa.

645—350.2(152D) Requirements for licensure. The following criteria shall apply to licensure:

350.2(1) The applicant shall complete a board–approved application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure) or directly from the board office. All applications shall be sent to Board of Athletic Training Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

350.2(2) The applicant shall complete the application form according to the instructions contained in the application. If the application is not completed according to the instructions, the application will not be reviewed by the board.

350.2(3) Each application shall be accompanied by the appropriate fees payable by check or money order to the Board of Athletic Training Examiners. The fees are nonrefundable.

350.2(4) No application will be considered by the board until official copies of academic transcripts have been sent directly from the school to the board of athletic training examiners.

350.2(5) The applicant shall successfully complete the National Athletic Trainers Association Board of Certification (NATABOC) examination. It is the responsibility of the applicant to make arrangements to take the examination and have the official results submitted to the Iowa board of athletic training examiners.

350.2(6) Licensees who were issued their licenses within six months prior to the renewal shall not be required to renew their licenses until the renewal date two years later.

350.2(7) Incomplete applications that have been on file in the board office for more than two years shall be:

a. Considered invalid and shall be destroyed; or

b. Maintained upon written request of the candidate. The candidate is responsible for requesting that the file be maintained.

645—350.3(152D) Educational qualifications.

350.3(1) A new applicant for licensure to practice as an athletic trainer shall possess a baccalaureate degree or postbaccalaureate degree from a U.S. regionally accredited college or university with proof of completion of the following courses:

a. Advanced athletic training;

b. Basic athletic training;

c. Health;

d. Human anatomy;

e. Human physiology;

f. Kinesiology; and

g. Physiology of exercise.

350.3(2) Foreign–trained athletic trainers shall:

a. Provide an equivalency evaluation of their educational credentials by one of the following: International Educational Research Foundations, Inc., Credentials Evaluation Service, P.O. Box 3665, Culver City, CA 90231–3665, telephone (310)258–9451, Web site www.ierf.org or E–mail at info@ierf.org. The professional curriculum must be equivalent to that stated in these rules. A candidate shall bear the expense of the curriculum evaluation.

b. Provide a notarized copy of the certificate or diploma awarded to the applicant from an athletic training program in the country in which the applicant was educated.

c. Receive a final determination from the board regarding the application for licensure.

645—350.4(152D) Documentation of physician supervision. Each licensee must maintain documentation of physician supervision. It is the responsibility of the licensee to ensure that documentation of physician supervision is obtained and maintained, including the following:

1. Athletic training service plan as set out in 645— 350.5(152D);

2. Dates and names of physician and physician assistant orders or referrals;

3. Initial evaluations and assessments;

4. Treatments and services rendered, with dates; and

5. Dates of subsequent follow–up care.

645—350.5(152D) Athletic training service plans. Athletic training service plans shall be composed of the following components as taken from the NATA Board of Certification 2000 Standards of Athletic Training for Direct Service and for Service Programs.

350.5(1) Standards for athletic training—direct service.

a. Standard 1—direction. The athletic trainer renders service or treatment under the direction of a physician or dentist.

b. Standard 2—injury and ongoing care services. All services shall be documented in writing by the athletic trainer and shall become part of the athlete’s permanent records.

c. Standard 3—documentation. The athletic trainer shall accept responsibility for recording details of the athlete’s health status. Documentation shall include:

(1) Athlete’s name and any other identifying information.

(2) Referral source (doctor, dentist).

(3) Date, initial assessment, results and database.

(4) Program plan and estimated length.

(5) Program methods, results and revisions.

(6) Date of discontinuation and summary.

(7) Athletic trainer’s signature.

d. Standard 4—confidentiality. The athletic trainer shall maintain confidentiality as determined by law and shall accept responsibility for communicating assessment results, program plans, and progress with other persons involved in the athlete’s program.

e. Standard 5—initial assessment. Prior to treatment, the athletic trainer shall assess the athlete’s level of functioning. The athlete’s input shall be considered an integral part of the initial assessment.

f. Standard 6—program planning. The athletic training program objectives shall include long– and short–term goals and an appraisal of those which the athlete can realistically be expected to achieve from the program. Assessment measures to determine the effectiveness of the program shall be incorporated into the plan.

g. Standard 7—program discontinuation. The athletic trainer, with the collaboration of the physician or dentist, shall recommend discontinuation of the athletic training service when the athlete has received optimal benefit of the program. The athletic trainer, at the time of discontinuation, shall note the final assessment of the athlete’s status.

350.5(2) Standards for athletic training—service program. The following are minimal standards. Each one is essential to the practice of athletic training. It is intended that these standards be used by administrators as well as by athletic training personnel in the development of their service programs and to assess the effectiveness of the programs.

a. Standard 1—objectives. Basic to the development of any program are its intended purposes. Objectives and applicable policies should be clearly outlined for each activity, such as athletic treatment, education of personnel, supervision and interdisciplinary relations. The objectives of the service program should implement those of the institution itself.

b. Standard 2—planning. Each objective should be supported by detailed plans for its implementation.

c. Standard 3—evaluation. Objective methods of data collection and analysis should be used in relation to each component of the program to determine the need for service, assess its effectiveness and indicate a need for change.

d. Standard 4—types of services offered. Athletic training is appropriately a health service offered under the direction of a physician or dentist for the prevention, immediate care, management/disposition and reconditioning of athletic injuries.

e. Standard 5—personnel. The service program should be directed by a NATA–certified athletic trainer who has met the qualifications established by NATABOC. Education, qualifications and experience of all other personnel should meet existing standards and should be appropriate to their duties.

f. Standard 6—facilities and budget. Space, equipment, supplies and a continuing budget should be provided by the institution and should be adequate in amount, variety and quality to facilitate the implementation of the service program.

g. Standard 7—records. Objective, permanent records of each aspect of the service program should indicate:

(1) Date and name of referring physician or dentist;

(2) Initial evaluation and assessment;

(3) Treatment or services rendered, with date; and

(4) Dates of subsequent follow–up care.

h. Standard 8—reports. Written reports on each aspect of the service program should be made annually.

645—350.6(152D) Licensure by endorsement. An applicant who has been a licensed athletic trainer under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who:

1. Submits to the board a completed application;

2. Pays the licensure fee;

3. Has the academic transcript(s) sent directly from the school(s) to the board;

4. Shows evidence of licensure requirements that are similar to those required in Iowa;

5. Provides verification of licenses from other states that have been sent directly from those states to the board office; and

6. Submits evidence:

Ÿ From NATABOC of current certification status sent directly from NATABOC to the board, or

Ÿ Of a passing score on the examination of theNATABOC sent directly from NATABOC to the board.

645—350.7(147) Licensure by reciprocal agreement. The board may enter into a reciprocal agreement with the District of Columbia or any state, territory, province or foreign country with equal or similar requirements for licensure of athletic trainers. The applicant shall take the examination required by the board.

645—350.8(147) License renewal.

350.8(1) The biennial license renewal period for a license to practice athletic training shall begin on March 1 of odd–numbered years and end on February 28 of the next odd–numbered year. All licensees shall renew on a biennial basis.

350.8(2) A renewal of license application and a continuing education report form to practice athletic training shall be mailed to the licensee at least 60 days prior to the expiration of the license. Failure to receive the renewal application shall not relieve the license holder of the obligation to pay the biennial renewal fee(s) on or before the renewal date.

a. The licensee shall submit the completed application and the continuing education report form with the renewal fee to the board office before the license expiration date.

b. Individuals who were issued their initial licenses within six months of the license renewal date will not be required to renew their licenses until the next renewal date two years later.

c. 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 50 hours of continuing education per biennium for each subsequent license renewal.

d. Persons licensed to practice athletic training shall keep their renewal licenses displayed in a conspicuous public place at the primary site of practice.

350.8(3) Late renewal. If the renewal fee(s), continuing education report and renewal application are received within 30 days after the license expiration date, the late fee for failure to renew before expiration is charged.

350.8(4) When all requirements for license renewal are met, the licensee shall be sent a license renewal card by regular mail.

645—350.9(272C) Exemptions for inactive practitioners.

350.9(1) A licensee who is not engaged in practice in the state of Iowa may be granted a waiver of compliance and obtain a certificate of exemption upon written application to the board. The application shall contain a statement that the applicant will not engage in practice in the state of Iowa without first complying with all regulations governing reinstatement after exemption. The application for a certificate of exemption shall be submitted upon the form provided by the board. A licensee must hold a current license to apply for exempt status. The licensee shall apply for inactive status prior to the license expiration date.

350.9(2) Reinstatement of exempted, inactive practitioners. Inactive practitioners who have requested and been granted a waiver of compliance with the renewal requirements and who have obtained a certificate of exemption shall, prior to engaging in the practice of the profession in Iowa, satisfy the requirements for reinstatement as outlined in 645—351.10(152D,272C).

350.9(3) Licensees shall renew at the next scheduled renewal. Licensees whose licenses were reinstated within six months prior to the renewal shall not be required to renew their licenses until the renewal date two years later.

350.9(4) A new licensee who is on inactive status during the initial license renewal time period and reinstates before the first license expiration date will not be required to complete continuing education for that first license renewal time period only. Fifty hours of continuing education will be required for every renewal thereafter.

350.9(5) Verifications of license(s) are required from any state in which the licensee has practiced since the Iowa license became inactive.

350.9(6) Reinstatement of inactive license after exemption. The following chart illustrates the requirements for reinstatement based on the length of time a license has been inactive.

An applicant shall satisfy the following requirements:
Submit written application for reinstatement to the board	Required
Pay the renewal fee	$100
Pay the reinstatement fee	$50
Furnish evidence of good standing with NATABOC for the previous two bienniums OR Furnish evidence of satisfactory completion of continuing education requirements within the last two bienniums prior to the date of application for reinstatement	Submit copy of credentials 50 hours
Total fees and continuing education hours	$150 and 50 hours

645—350.10(272C) Lapsed licenses.

350.10(1) If the renewal fee(s) and continuing education report are received more than 30 days after the license renewal expiration date, the license is lapsed. An application for reinstatement accompanied by the reinstatement fee, the renewal fee(s) for each biennium the license is lapsed and the late fee for failure to renew before expiration must be filed with the board. The licensee may be subject to an audit of the licensee’s continuing education report.

350.10(2) Licensees who have not fulfilled the requirements for license renewal or for an exemption in the required time frame will have a lapsed license and shall not engage in the practice of athletic training.

350.10(3) In order to reinstate a lapsed license, licensees shall comply with all requirements for reinstatement as outlined in 645—351.6(152D).

350.10(4) Verifications of license(s) are required from any state in which the licensee has practiced since the Iowa license lapsed.

350.10(5) After the reinstatement of a lapsed license, the licensee shall renew at the next scheduled renewal cycle and complete the continuing education required for the biennium.

350.10(6) Reinstatement of a lapsed license. The following chart illustrates the requirements for reinstatement based on the length of time a license has lapsed.

An applicant shall satisfy the following requirements:	30 days after expiration date up to 1 renewal	2 renewals	3 renewals	4 or more renewals
Submit written application for reinstatement	Required	Required	Required	Required
Pay the renewal fee(s)	$100	$200	$200	$200
Pay the late fee	$50	$50	$50	$50
Pay the reinstatement fee	$50	$50	$50	$50
Furnish evidence of satisfactory completion of continuing education requirements during the period since the license lapsed OR Furnish evidence of good standing with NATABOC for the previous two bienniums	50 hours Submit copy of credentials	100 hours Submit copy of credentials	150 hours Submit copy of credentials	200 hours Submit copy of credentials
Total fees and continuing education hours required for reinstatement:	$200 and 50 hours	$300 and 100 hours	$300 and 150 hours	$300 and 200 hours

645—350.11(17A,147,272C) License denial.

350.11(1) An applicant who has been denied licensure by the board may appeal the denial and request a hearing on the issues related to the licensure denial by serving a notice of appeal and request for hearing upon the board not more than 30 days following the date of mailing of the notification of licensure denial to the applicant. The request for hearing as outlined in these rules shall specifically describe the facts to be contested and determined at the hearing.

350.11(2) If an applicant who has been denied licensure by the board appeals the licensure denial and requests a hearing pursuant to this rule, the hearing and subsequent procedures shall be held pursuant to the process outlined in Iowa Code chapters 17A and 272C.

These rules are intended to implement Iowa Code chapters 17A, 147, 152D and 272C.

ITEM 3. Amend rule 645—351.6(152D) as follows:

645—351.6(152D) 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, up to a maximum of two bienniums;

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

4. Pays reinstatement ~~fees~~ fee; and

5. Provides evidence of ~~satisfactory~~ :

Ÿ Satisfactory completion of Iowa continuing education requirements during the period since the license lapsed.; or

Ÿ Good standing with NATABOC for the preceding two bienniums.

ITEM 4. Amend rule 645—351.10(152D,272C) as follows:

645—351.10(152D,272C) Reinstatement of inactive practitioners. Inactive practitioners who have been granted a waiver of compliance with these rules and obtained a certificate of exemption shall, prior to engaging in the practice of athletic training in the state of Iowa, satisfy the following requirements for reinstatement.

351.10(1) Submit written application for reinstatement to the board upon forms provided by the board ~~and the current renewal fee.~~ ;

351.10(2) ~~Furnish evidence of good standing with NATA for the preceding two bienniums.~~ Pay the current renewal fee;

351.10(3) Pay the reinstatement fee; and

351.10(4) Furnish evidence of:

a. Good standing with NATABOC for the preceding two bienniums; or

b. Satisfactory completion of Iowa continuing education requirements during the period since the license became inactive. The continuing education must be completed within the prior two bienniums of the date of application for reinstatement.

ITEM 5. Adopt new 645—Chapter 352 as follows:

CHAPTER 352
DISCIPLINE FOR ATHLETIC TRAINERS

645—352.1(272C) Grounds for discipline. The board may impose any of the disciplinary sanctions provided in rule 645—13.1(272C), including civil penalties in an amount not to exceed $1000, when the board determines that the licensee is guilty of any of the following acts or offenses:

352.1(1) Fraud in procuring a license.

352.1(2) Professional incompetency.

352.1(3) Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the licen–see’s profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.

352.1(4) Habitual intoxication or addiction to the use of drugs.

352.1(5) Conviction of a felony related to the profession or occupation of the licensee. A copy of the record of conviction or plea of guilty shall be conclusive evidence.

352.1(6) Fraud in representations as to skill or ability.

352.1(7) Mental or physical inability reasonably related to and adversely affecting the licensee’s ability to practice in a safe and competent manner.

352.1(8) Involuntary commitment for treatment of mental illness or substance abuse.

352.1(9) Representing oneself as a licensed athletic trainer when the license has been suspended, revoked, lapsed or inactive status.

352.1(10) Revocation, suspension, or other disciplinary action taken by a certification/licensure authority of another state, territory, or country; or failure of the licensee to report such action in writing to the administrator of the board.

352.1(11) Negligence by the licensee:

a. Failure to exercise due care.

b. Improper delegation of duties or inadequate supervision of employees or other individuals, whether or not injury results.

c. Conduct, practice, or conditions which impair the ability to safely and skillfully practice the profession.

352.1(12) Prohibited acts:

a. Permitting another person to use one’s license.

b. Practicing outside the scope of the profession.

c. Obtaining, possessing, attempting to obtain or possess, or administering controlled substances without lawful authority.

d. Verbally, physically, or sexually abusing clients/patients.

e. Any sexual intimidation between an athletic trainer and a client/patient.

352.1(13) Unethical business practices:

a. False or misleading advertising.

b. Betrayal of a professional confidence.

c. Falsifying client/patient records.

d. Professional conflict of interest.

e. Misappropriation of funds.

352.1(14) Failure to report a change of name or address to the Administrator, Board of Athletic Training Examiners, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075, within 30 days.

352.1(15) Falsification of a continuing education record.

352.1(16) Failure to report any judgment or settlement of malpractice claim or action to the Administrator, Board of Athletic Training Examiners, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075, within 30 days of occurrence.

352.1(17) Failure to comply with a subpoena issued by the department.

352.1(18) Failure to report to the board any violation by another licensee of the grounds for discipline as listed in this rule.

352.1(19) Failure to respond to a request from the board within 30 days of certified mail notice of the request for response.

352.1(20) Failure to maintain timely and adequate rec–ords.

352.1(21) An athletic trainer shall not engage in sexual misconduct. Sexual misconduct includes the following:

a. Engaging in or soliciting a sexual relationship, whether consensual or nonconsensual, with a patient.

b. Making sexual advances, requesting sexual favors, or engaging in other verbal conduct or physical contact of a sexual nature with a patient.

352.1(22) Failure to adequately supervise personnel.

352.1(23) Violating a lawful order of the board previously entered by the board in a disciplinary or licensure hearing or violating the terms and provisions of a consent agreement or informal settlement between a licensee and the board.

352.1(24) Obtaining third–party payment through fraudulent means. Third–party payers include, but are not limited to, insurance companies and government reimbursement programs. Obtaining payment through fraudulent means includes, but is not limited to:

a. Reporting incorrect treatment dates for the purpose of obtaining payment;

b. Reporting charges for services not rendered;

c. Incorrectly reporting services rendered for the purpose of obtaining payment which is greater than that to which the licensee is entitled; or

d. Aiding a patient in fraudulently obtaining payment from a third–party payer.

352.1(25) Violation of any statute or administrative rule.

This rule is intended to implement Iowa Code chapters 147, 152D and 272C.

ITEM 6. Adopt new 645—Chapter 353 as follows:

CHAPTER 353
FEES

645—353.1(147,152D) License fees. All fees are nonrefundable.

353.1(1) Licensure fee for license to practice athletic training is $100.

353.1(2) Biennial license renewal fee for each biennium is $100.

353.1(3) Late fee for failure to renew before expiration is $50.

353.1(4) Reinstatement fee for a lapsed license or an inactive license is $50.

353.1(5) Duplicate license fee is $10.

353.1(6) Verification of license fee is $10.

353.1(7) Returned check fee is $15.

353.1(8) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code chapters 17A, 147, 152D and 272C.

arc 0998b

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 139A.3, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 1, “Notification and Surveillance of Reportable Diseases,” Iowa Administrative Code.

The rules in Chapter 1 describe diseases and conditions that are reportable. These proposed amendments are intended to clarify the definition of “communicable disease,” to increase the surveillance and reporting of potential bio–, chemical– and radiological–terrorism events and to initiate reporting of carbon monoxide poisoning.

Any interested party may make written comments on these proposed amendments on or before October 31, 2001. Such written comments should be directed to the Department of Public Health, Center for Acute Disease Epidemiology, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319–0075.

A public hearing will be held over the Iowa Communications Network (ICN) on October 31, 2001, from 11 a.m. to 12 noon in the ICN Room, Sixth Floor, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa.

Additional sites are:

Western Iowa Tech Community College

Carpentry Room

801 East 2nd

Ida Grove, Iowa

University of Northern Iowa

Room 130A Schindler

Corner of Hudson Road & 23rd Street

Cedar Falls, Iowa

Muscatine Community College

Room 60 Larson Hall

152 Colorado Street

Muscatine, Iowa

At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

These amendments are intended to implement Iowa Code sections 135.100 to 135.103, 139A.3, 139A.21, 139A.31, 139A.37, 141A.1, 141A.2 and 141A.5.

The following amendments are proposed.

ITEM 1. Amend 641—Chapter 1, title, as follows:

NOTIFICATION AND SURVEILLANCE OF REPORTABLE COMMUNICABLE AND INFECTIOUS DISEASES, POISONINGS AND CONDITIONS

ITEM 2. Amend rule 641—1.1(139A) by adopting the following new definition in alphabetical order:

“Communicable disease” means any disease spread from person to person or animal to person.

ITEM 3. Amend subrule 1.3(1) as follows:

1.3(1) List of reportable diseases or conditions.

a. Specific ~~infectious~~ communicable diseases.

(1) No change.

(2) Rare diseases:

Anthrax

*Botulism

Brucellosis

*Cholera

Cyclospora

*Diphtheria

Hansen’s disease (Leprosy)

Hantavirus syndromes

~Listeria monocytogenes invasive disease

Malaria

Mumps

*Plague

*Poliomyelitis

Psittacosis

Rocky Mountain spotted fever

Rubella (including congenital)

Tetanus

Toxic shock syndrome

Trichinosis

*Yellow fever

~*Vancomycin–resistant Staphylococcus aureus

*Outbreaks of any kind, unusual syndromes, or uncommon diseases

*Diseases or syndromes of any kind caused by a biological agent or toxin that may be a result of a deliberate act such as terrorism. Examples of these agents include *ricin, *tularemia and *smallpox.

b. Specific ~~noninfectious~~ noncommunicable diseases.

Acute or chronic respiratory conditions due to fumes or vapors or dusts

Asbestosis

Birth defect or genetic disease***

Cancer***

Carbon monoxide poisoning

Coal workers pneumoconiosis

Heavy metal poisoning

Hepatitis, toxic

Hypersensitivity pneumonitis (including farmers lung and toxic organic dust syndrome)

Methemoglobinemia

Pesticide poisoning (including pesticide–related contact dermatitis)

Silicosis

Silo fillers disease

*Diseases or syndromes of any kind caused by a chemical or radiological agent that may be a result of a deliberate act such as terrorism. Examples of these agents include *mustard gas and *sarin gas.

c. to h. No change.

i. ~~Noninfectious~~ Noncommunicable respiratory illnesses. Any biopsy of lung tissue indicating prolonged exposure or overexposure to asbestos, silica, silicates, aluminum, graphite, bauxite, beryllium, cotton dust or other textile material, or coal dust.

ITEM 4. Amend subrule 1.5(1) as follows:

1.5(1) Cases of reportable diseases, poisonings and conditions~~, other than sexually transmitted disease/infection,~~ shall be submitted in a format specified by the department.

ITEM 5. Amend subrule 1.9(1) as follows:

1.9(1) A person with ~~an infectious~~ a communicable disease requiring isolation or quarantine, as demonstrated by the diagnosis of a licensed health care professional or positive laboratory results, ~~or quarantine~~ shall be confined to an appropriate facility unless the person is attended by a licensed physician and complies with the written orders of the local health department.

ITEM 6. Amend subrule 1.9(2) as follows:

1.9(2) A physician who attends a person with a suspected or active ~~infectious~~ communicable disease requiring isola–

___________

*Diseases which are noted with an asterisk should be reported IMMEDIATELY by telephone 1–800–362–2736.

**Numbers of staphylococcal isolates should be reported to the Department of Public Health on a quarterly basis.

~Isolates of organisms from diseases so noted should be sent to the University of Iowa Hygienic Laboratory.

†Sexually transmitted disease.

***NOTE: For these particular diseases, physicians and other health practitioners should not send a report to the department. The State Health Registry of Iowa has been delegated the responsibility for collecting this data through review of records from hospitals, radiation treatment centers, outpatient surgical facilities, oncology clinics, pathology laboratories, and physician offices. Prior to collecting the data from an office or facility, the State Health Registry of Iowa shall work with the office or facility to develop a proc–ess for abstracting records which is agreeable to the office or facility.

tion or quarantine of a type described above, or a clinic giving outpatient treatment to such a person, shall report to the local health department at such times that the local health department requires. The report shall state whether the person is still under treatment, the address of the person, the stage of the disease process, clinical status, and treatment of the disease and the dates and results of laboratory tests or any other information required by the local health department. The physician who attends the person, or the person in charge of a hospital or clinic giving outpatient care to such a person, shall report promptly to the local health department when the person ceases to receive treatment and the reason for the cessation of treatment.

a. and b. No change.

ITEM 7. Amend subrule 1.9(3) as follows:

1.9(3) A person with a suspected or active disease that is ~~infectious~~ communicable shall be excluded from attendance at the workplace or school until the person receives the approval of the local health department to attend school or to engage in an occupation or employment. Such person may also be excluded from such premises or facilities as the local health department determines cannot be maintained in a manner adequate to protect others against the spread of the disease.

ITEM 8. Amend subrule 1.9(4), paragraph “d,” as follows:

d. An order for the removal to, detention in, or both removal to and detention in a hospital or other facility of a person who has an active disease that is ~~infectious~~ communicable or who presents a substantial likelihood of having an active disease that is ~~infectious~~ communicable, based upon epidemiologic evidence, clinical evidence, or laboratory test results; and when the local health department finds, based on recognized infection control principles, that, because of inadequate separation from others, there is a substantial likelihood such person may transmit the disease to others; and

ITEM 9. Amend subrule 1.9(5), paragraph “a,” as follows:

a. Within 72 hours after a person’s being confined in or transferred to an appropriate facility, a hearing shall be held to determine whether probable cause exists to believe the detained person is at risk of spreading ~~an infectious~~ a communicable disease. The hearing may be waived by the respondent. The hearing may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, if the respondent is not substantially prejudiced. At the probable cause hearing, the detained person shall have the following rights:

(1) to (7) No change.

ITEM 10. Amend subrule 1.9(5), paragraph “c,” as follows:

c. At the conclusion of the hearing, the court shall enter an order which does both of the following:

(1) Verifies the respondent’s identity.

(2) Determines whether probable cause exists to believe that the respondent is at risk of transmitting ~~an infectious~~ a communicable disease.

ITEM 11. Amend subrule 1.9(5), paragraph “d,” as follows:

d. If the court determines that probable cause does exist, the court shall direct that the respondent be transferred to an appropriate facility for an evaluation as to whether the respondent is at risk of transmitting ~~an infectious~~ a communicable disease. The evaluation shall be conducted by a person deemed to be professionally qualified to conduct such an examination.

ITEM 12. Amend subrule 1.9(7) as follows:

1.9(7) Notwithstanding any inconsistent provision of this rule:

a. A person who is detained solely pursuant to paragraph 1.9(4)“d” shall not continue to be detained beyond the minimum period of time required, with the exercise of all due diligence, to make a medical determination of whether a person who is suspected of having a disease has an active disease or whether a person who has an active disease is ~~infectious~~ communicable. Further detention of such person shall be authorized only upon the issuance of a court order pursuant to the above procedures.

b. A person who is detained pursuant to these rules shall not continue to be detained after the person ceases to be ~~infectious~~ communicable or after the local health department ascertains that changed circumstances exist that permit the person to be adequately separated from others so as to prevent transmission of disease after the person’s release from detention.

c. A person who is detained pursuant to these rules shall not continue to be detained after the person is no longer ~~infectious~~ communicable and has agreed to comply with prescribed medical care.

ITEM 13. Amend subrule 1.9(10) as follows:

1.9(10) For the purposes of these rules, a person has an active disease when (1) a laboratory test is positive for the disease and the person has not completed an appropriate prescribed course of medication for the disease, or (2) physical examination by a licensed health care provider has resulted in a diagnosis of an active disease. A person who has an active disease shall be considered ~~infectious~~ communicable until the person is determined by a licensed health care professional to be no longer ~~infectious~~ communicable.

arc 0997b

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

The rules in Chapter 1 describe diseases and conditions that are reportable. This proposed amendment is intended to initiate reporting of Aeromonas, Yersinia, Norwalk–like virus, and enterohemorrhagic Escherichia coli (non–O157:H7) by the University of Iowa Hygienic Laboratory for purposes of special study through the end of 2002 by adding such to the list of reportable diseases.

For the above–listed diseases, staff of the Center for Acute Epidemiology will contact the physician of the patient to obtain consent for contacting the patient. Phone contact will be made with the patient to obtain information that will be used to study the impact of these diseases in Iowa. Information on these diseases will be made available to all interested parties through the Internet (the Department’s Web site) and through the Center for Acute Epidemiology’s Friday Update, an electronic mailing that is sent out weekly to over 600 health care personnel.

Any interested party may make written comments on this proposed amendment on or before October 31, 2001. Such written comments should be directed to the Department of Public Health, Center for Acute Disease Epidemiology, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319–0075.

Additional sites are:

Western Iowa Tech Community College

Carpentry Room

801 East 2nd

Ida Grove, Iowa

University of Northern Iowa

Room 130A Schindler

Corner of Hudson Road & 23rd Street

Cedar Falls, Iowa

Muscatine Community College

Room 60 Larson Hall

152 Colorado Street

Muscatine, Iowa

At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment.

This amendment was also Adopted and Filed Emergency and is published herein as ARC 0999B. The content of that submission is incorporated by reference.

This amendment is intended to implement Iowa Code section 139A.3.

arc 0996b

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Pursuant to the authority of Iowa Code sections 135.40 to 135.42, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 5, “Maternal Deaths,” Iowa Administrative Code.

The purpose of these amendments is to modify the definition of a “maternal death” to conform with existing national definition, change the reporting responsibilities of physicians in the event of a maternal death, ensure the availability of clinical records in order to allow a maternal death review to occur, and delineate the responsibilities of the Department of Public Health regarding ascertainment and review of maternal deaths in Iowa.

Any interested person may make written comments or suggestions on the proposed amendments on or before October 23, 2001. Such written comments should be directed to Edward Schor, M.D., Department of Public Health, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319. Comments may also be sent by E–mail toeschor@idph.state.ia.us.

There will be a public hearing on October 25, 2001, from 10 to 11 a.m. in Conference Room 518, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Department and advise of specific needs.

These amendments are intended to implement Iowa Code section 135.40.

The following amendments are proposed.

ITEM 1. Amend rule 641—5.1(135) as follows:

641—5.1(135) Reporting of maternal deaths. ~~All maternal deaths shall be reported to the maternal and child health bureau, Iowa department of public health, within 48 hours by the attending physician.~~ A maternal death is any death occurring while a woman is pregnant or of a woman within ~~six months~~ one year of delivery. This includes but is not limited to deaths resulting from abortions, ectopic pregnancies and all deaths during pregnancy, childbirth, puerperium or deaths from complications of childbirth. In the event of a maternal death, the certifying physician shall indicate that circumstance on the certificate of death.

ITEM 2. Amend 641—Chapter 5 by adopting the following new rules:

641—5.2(135) Ascertainment of maternal deaths. The department of public health annually shall systematically ascertain maternal deaths using birth and death vital records.

641—5.3(135) Reviewing of maternal deaths. Hospitals, physicians, and other licensed health care professionals shall provide to the department of public health clinical records pertinent to the review of individual maternal deaths. The release of these materials is a confidential and privileged communication, and no liability shall be attached to the release. Neither the released information nor reports generated from that information shall be allowed in any legal proceedings, pursuant to Iowa Code section 135.42. The department of public health shall ensure a timely, confidential review of all maternal deaths by experts in obstetric medicine and maternal mortality for the purpose of reducing morbidity and mortality. At least every three years, the department shall issue occasional reports on the causes and contributing factors of maternal deaths and recommendations of possible preventive strategies based on those reviews.

ITEM 3. Amend 641—Chapter 5, implementation clause, as follows:

~~This rule is~~ These rules are intended to implement Iowa Code section 135.40.

arc 0985b

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 691.6, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 126, “State Medical Examiner,” Iowa Administrative Code.

These proposed amendments rescind the first two rules in Chapter 126. The contents of these rules are now found in proposed new 641—Chapter 127, published herein as ARC 0983B. The purpose of amending subrule 126.3(3) is to restrict the availability of the state medical examiner to act as a county medical examiner.

Any interested person may make written comments or suggestions on the proposed amendments on or before October 23, 2001. Such written comments should be directed to Sherry L. Frizell, Office of the State Medical Examiner, Department of Public Health, Lucas State Office Building, Fifth Floor, Des Moines, Iowa 50319–0075. Comments may also be sent via E–mail to sfrizell@idph.state.ia.us.

Also, there will be a public hearing on October 23, 2001, at 2 p.m. in the Lucas State Office Building, Fifth Floor, Conference Room 513, 321 E. 12th St., Des Moines, Iowa 50319–0075, 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 amendments.

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

The Department has determined that these amendments are not subject to waiver or variance.

These amendments are intended to implement Iowa Code section 691.5.

The following amendments are proposed.

ITEM 1. Rescind and reserve rule 641—126.1(691).

ITEM 2. Rescind and reserve rule 641—126.2(691).

ITEM 3. Amend subrule 126.3(3) as follows:

126.3(3) State medical examiner acting as county medical examiner. When the state medical examiner acts in the capacity of county medical examiner, ~~the fee for each individual deceased person for whom a county medical examiner report is prepared shall be $100, payable by the county in which the death occurred~~ the state medical examiner shall receive from the county of appointment a fee of $100 per hour, with a one–hour minimum, for each report prepared plus the state medical examiner’s actual expenses. Counties may not depend on the state medical examiner for full–time coverage.

arc 0983b

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 691.6, the Department of Public Health hereby gives Notice of Intended Action to rescind Chapter 127, “County Medical Examiners,” Iowa Administrative Code, and adopt a new chapter with the same title.

The new rules will (1) provide guidance as to the duties and responsibilities of county medical examiners and county medical examiner personnel; (2) suggest when an autopsy should be performed; and (3) provide reimbursement.

Any interested person may make written comments or suggestions on the proposed rules on or before October 23, 2001. Such written comments should be directed to Sherry L. Frizell, Office of the State Medical Examiner, Department of Public Health, Lucas State Office Building, Fifth Floor, Des Moines, Iowa 50319–0075. Comments may also be sent via E–mail to sfrizell@idph.state.ia.us.

Also, there will be a public hearing on October 23, 2001, at 2 p.m. in the Lucas State Office Building, Fifth Floor, Conference Room 513, 321 E. 12th Street, Des Moines, Iowa 50319–0075, 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 rules.

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

The Department has determined that these rules are not subject to waiver or variance.

These rules are intended to implement Iowa Code chapters 331 and 691.

The following amendment is proposed.

Rescind 641—Chapter 127 and adopt the following new chapter in lieu thereof:

CHAPTER 127
COUNTY MEDICAL EXAMINERS

641—127.1(331,691) Definitions.

“Autopsy” means the external and internal postmortem examination of a deceased person.

“Cause of death” means the disease or injury which sets in motion the chain of events which eventually result in the death of a person. The physician shall consider “but for” this injury or disease the person would still be living.

“County medical examiner” or “CME” means a medical or osteopathic physician or surgeon licensed in the state of Iowa and appointed by the board of supervisors to serve in this capacity.

“County medical examiner investigator” or “CME–I” means an individual appointed by a county medical examiner, with approval by the board of supervisors and the state medical examiner, to serve under the supervision of a county medical examiner to assist in death investigations.

“County of appointment” means the county which requests a medical examiner to conduct an investigation, perform or order an autopsy, or prepare a report(s) in a death investigation case. The request may be authorized by the county attorney or the county medical examiner. The county of appointment shall be the county in which the death occurred.

“Cremation” means the technical process, using heat and flame, that reduces human remains to bone fragments.

“Day” means calendar day.

“Death” means the condition as described in Iowa Code section 702.8.

“Death affecting the public interest” means any death of a human being in which the circumstances are sudden, unexpected, violent, suspicious, or unattended, including but not limited to those deaths listed at Iowa Code section 331.802(3) and described as follows:

1. Violent death. Violent death includes homicide, suicide, or accidental death resulting from physical, mechanical, thermal, chemical, electrical, or radiation injury. A medical examiner’s investigation and report are required irrespective of the period of survival following injury.

2. Death caused by criminal abortion, including self–induced.

3. Death related to disease thought to be virulent or contagious which may constitute a public hazard. Any such case investigated by a medical examiner shall be reported to the department and to the local health authority.

4. Death that has occurred unexpectedly or from an unexplained cause. This term includes the following situations:

Ÿ Death without prior medical conditions accounting for the death.

Ÿ Apparently instantaneous death without obvious cause.

Ÿ Death during or following an unexplained syncope or coma.

Ÿ Death during an unexplained, acute, or rapidly fatal illness.

5. Death of a person confined in a prison, jail, or correctional institution.

6. Death of a person when unattended by a physician during the period of 36 hours immediately preceding death.

Ÿ This term includes the following situations:

- Persons found dead without obvious or probable cause.

- Deaths when the person was unattended by a physician during a terminal illness.

- Fetal death unattended by a physician. A fetal death is a fetus born dead within its twentieth week of gestation or a fetus which weighs 500 grams or more.

Ÿ This term does not include a prediagnosed terminal or bedfast case in which a physician has been in attendance within 30 days preceding the death.

Ÿ This term does not include a terminally ill patient who was admitted to and received services from a hospice program as defined in Iowa Code section 135J.1, if a physician or registered nurse employed by the program was in attendance within 30 days preceding the death.

7. Death of a person if the body is not claimed by a relative or friend.

8. Death of a person if the identity of the deceased is unknown.

9. Death of a child under the age of two years if death results from an unknown cause or if the circumstances surrounding the death indicate that sudden infant death syndrome may be the cause of death.

“Department” means the Iowa department of public health.

“Deputy county medical examiner” or “DCME” means an individual appointed by a county medical examiner, with approval by the board of supervisors and the state medical examiner, to assist the county medical examiner in the performance of the county medical examiner’s duties.

“External examination” means a close inspection of the exterior of a deceased human body for the purpose of locating, describing, and delineating any and all injuries or other abnormalities. External examination of a body does not constitute an autopsy, even if toxicology samples are obtained.

“Fee” means an amount to be paid to a county medical examiner’s office as determined by the board of supervisors of the county of appointment for completion of an investigation, autopsy, or report(s). Fees for services provided by the state medical examiner’s office are established at 641— 126.3(691).

“Form ME–1” means the Preliminary Report of Investigation by Medical Examiner form.

“Form ME–2” means the Medical Examiner Embalming Certificate form.

“Form ME–3” means the Permit by Medical Examiner for Autopsy form.

“Form ME–4” means the Preliminary Report of Child/Infant Death Scene Investigation form.

“Form ME–5” means the Cremation Permit by Medical Examiner form.

“Form ME–6” means the Iowa State Medical Examiner’s Office Personal Effects form.

“Form ME–7” means the Medication List form.

“Form ME–8” means the Body Identification Record form.

“Manner of death” means the circumstances under which the cause of death occurred and may be specified as follows: natural, accident, suicide, homicide, undetermined, or pending.

“Medical examiner” means the state medical examiner, deputy state medical examiner, county medical examiner, or deputy county medical examiner.

641—127.2(331,691) Duties of medical examiners—jurisdiction over deaths which affect the public interest.

127.2(1) Jurisdiction. Upon receiving notification of a death which affects the public interest, a medical examiner shall notify any appropriate law enforcement agency not otherwise notified and shall take charge of the body of the decedent. The body shall not be disturbed or removed from the position in which it was found without authorization from the medical examiner except for the purpose of preserving the body from loss or destruction or permitting the passage of traffic on a highway, railroad, or airport, or unless the failure to remove the body might endanger life, safety, or health.

127.2(2) Investigation. A county medical examiner shall conduct a preliminary investigation of the cause and manner of death and shall utilize the investigative protocol outlined in the most current edition of the County Medical Examiner’s Handbook, available from the state medical examiner’s office. A medical examiner may perform or authorize performance of any scientific study to assist in identifying the cause, circumstances, and manner of death. A medical examiner shall cooperate with other investigating officials and agencies involved and shall share reports, information, and conclusions with these officials and agencies.

127.2(3) Report—Form ME–1.

a. Preparation and filing. A county medical examiner shall prepare a written report of the examiner’s findings on the Preliminary Report of Investigation by Medical Examiner, Form ME–1. A county medical examiner shall file the original Form ME–1 with the state medical examiner’s office within 14 days of the date of death and shall file a copy of the Form ME–1 with the county attorney within 14 days of the date of the death and shall retain a copy for the medical examiner’s records.

b. Content. Form ME–1 shall be completed as fully as possible in light of all available information and may be signed by either a county medical examiner or a county medical examiner investigator acting under the supervision of a county medical examiner. If the cause or manner of death, identity of the decedent, or other information is unknown or pending at the time of filing, “unknown” or “pending” may be written in the appropriate area of the form. If additional information becomes available, this information shall be forwarded to the state medical examiner in written form at such time as it becomes available to be added as a supplement to the file.

127.2(4) Disposition of body. After an investigation, including an autopsy if one was performed, the body of the decedent shall be made available to the funeral home designated by a relative or friend of the decedent for burial or appropriate disposition. A medical examiner shall not use influence in favor of a particular funeral director or funeral home. If no one claims a body, it shall be disposed of as provided in Iowa Code chapter 142.

127.2(5) Coverage.

a. When an individual is required to report a death to a medical examiner and the county medical examiner cannot be located or is not available, the individual shall contact a county medical examiner from any adjacent Iowa county to perform those duties outlined in this chapter. The responding medical examiner shall have full authority to conduct any procedures necessary to the investigation of the cause and manner of death. If an adjacent county medical examiner is not available, the state medical examiner shall be contacted and may act in the capacity of a county medical examiner.

b. The responding county medical examiner shall be reimbursed by the county for which the service is provided for all fees and expenses at the rate which is customarily paid by the county for which the service is provided or at a rate agreed upon by the medical examiner and the board of supervisors of the county for which the service is provided.

641—127.3(331,691) Autopsies.

127.3(1) Autopsy required. A county medical examiner shall perform an autopsy or order that an autopsy be performed in the following cases:

a. All cases of homicide or suspected homicide, irrespective of the period of survival following injury.

b. All cases in which the manner of death is undetermined.

c. All unidentified bodies.

d. All deaths of children under the age of two when there is not a clear cause of death, including suspected cases of sudden infant death syndrome. A summary of the findings of the autopsy shall be transmitted by the physician who performed the autopsy to the county medical examiner within two days of completion of the report. Autopsies performed on children under the age of two when the circumstances surrounding the death indicate that sudden infant death syndrome may be the cause of death or the cause of death is not clearly explained by known medical history shall conform to Form ME–4.

127.3(2) Autopsy recommended. A county medical examiner should perform an autopsy or order that an autopsy be performed in the following cases:

a. Deaths of adolescents less than 18 years of age when there is not a natural cause of death.

b. All cases which involve a motor vehicle crash, unless it is a single motor vehicle accident with no potential for litigation and there is an obvious cause of death or the injuries have been clearly documented by hospitalization.

c. Drowning deaths.

d. Deaths in a prison, jail, correctional institution or mental health institute, or under police custody, where there is not a natural disease process which accounts for the death.

e. Deaths from suicide.

f. All pedestrian, bicyclist, motorcycle, three–wheeler or all–terrain vehicle fatalities.

g. Deaths due to failure of a consumer product.

h. Deaths due to a possible public health hazard.

i. Deaths due to drug or alcohol abuse or overdose.

j. Deaths due to poisoning.

k. Deaths of airplane pilots who die as a result of an airplane crash. The National Transportation Safety Board and the Federal Aviation Administration should be contacted prior to the autopsy to request specimen collection kit(s).

l. Electrical– and lightning–related deaths.

m. Deaths from burns or smoke or soot inhalation.

n. Deaths due to a natural disaster, including tornadoes and floods.

o. All farm– and work–related deaths unless there is an obvious natural cause of death.

p. All deaths related to exposure, such as hypothermia and hyperthermia.

q. All sport–related deaths, including deaths from auto racing and deaths resulting from injuries sustained in football, basketball, soccer, or other games or sports.

127.3(3) Other deaths. For those deaths not listed in subrule 127.3(1) or 127.3(2), a county medical examiner shall determine whether the public interest requires an autopsy and may perform an autopsy or order that an autopsy be performed. A county medical examiner may consult with the state medical examiner to assist in determining the need for an autopsy.

127.3(4) Performance of autopsy.

a. Who may authorize. Autopsies may be authorized by the state medical examiner, the county medical examiner for the county in which the death occurred or the county where any injury contributing to or causing the death was sustained, or the county attorney who would have jurisdiction in any criminal proceeding related to the death.

b. Who may perform. An autopsy shall be performed by a pathologist trained or with experience in forensic pathology, licensed to practice medicine and surgery or osteopathic medicine and surgery in the state of Iowa and board–certified by the American Board of Pathology, or under the direct supervision of a physician with these qualifications. If an autopsy is performed by a physician who does not satisfy these criteria and who is not performing under the direct supervision of a physician who satisfies these criteria, the physician shall submit a supplemental report with the Permit by Medical Examiner for Autopsy, Form ME–3, which details the specific training, education, and experience which qualifies the physician to perform an autopsy.

c. Permit required—Form ME–3. A medical examiner shall complete the Permit by Medical Examiner for Autopsy, Form ME–3. All reasonable efforts shall be made to complete the Form ME–3 prior to the performance of an autopsy and to submit the form with the body of the decedent or to submit the form via facsimile to the state medical examiner.

127.3(5) Autopsy report. A complete record of the findings of the autopsy shall be submitted to the state medical examiner’s office, the county attorney of the county where the death occurred and the county attorney of the county where the injury contributing to or causing the death was sustained within 90 days following the date of death, unless unusual circumstances requiring further investigation or testing exist. The report filed shall include all diagrams, transcriptions of the autopsy observations and opinions, and toxicology reports.

127.3(6) Out–of–state autopsy. The body of a decedent may be sent out of state for an autopsy or postmortem examination only if the county medical examiner certifies in writing that the out–of–state autopsy or examination is necessary for any of the following reasons:

a. A forensic pathologist practicing in the state of Iowa is unavailable;

b. Requiring an in–state autopsy would cause financial hardship; or

c. Requiring an in–state autopsy would delay the funeral or burial more than three days.

641—127.4(331,691) Fees.

127.4(1) Payment of fee and expenses.

a. A medical examiner shall receive from the county of appointment a fee for each preliminary investigation and report submitted in a case in which a death affects the public interest. A county medical examiner shall also receive from the county of appointment the examiner’s actual expenses.

b. A pathologist or other physician who performs an autopsy under medical examiner authorization shall be paid for the services by the county of appointment.

127.4(2) Reimbursement.

a. County of residence different than county of appointment—Iowa resident. The county of the decedent’s residence shall reimburse the county of appointment for the fee and expenses paid by the county of appointment.

b. Death caused by criminal defendant. If the person’s death is caused by a criminal defendant who has been convicted and sentenced for murder, voluntary manslaughter, involuntary manslaughter, or homicide by vehicle, the county of the person’s residence may recover from the defendant the fee and expenses.

c. Out–of–state resident—law enforcement involvement. The fee and expenses of a county medical examiner who performs an investigation or autopsy of a person who dies after being brought into the state for emergency medical treatment by or at the direction of an out–of–state law enforcement officer or public authority shall be paid by the state. A claim for payment shall be filed with the department.

d. Out–of–state resident—no law enforcement involvement. The fee and expenses of a county medical examiner who performs an investigation or autopsy of an out–of–state resident shall be paid by the county of appointment.

e. Child under the age of two. If the death of a child under the age of two results from an unknown cause or if the circumstances surrounding the death indicate that sudden infant death syndrome may be the cause of death, the department shall reimburse the county of appointment up to $400 toward the expense of the autopsy. A county auditor may submit a copy of the bill and the autopsy report to Iowa SIDS Program, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319. A request for reimbursement shall be submitted within one year after the date of death.

641—127.5(144,331,691) Death certificates—deaths affecting the public interest.

127.5(1) Completion. The funeral director to whom the body is released shall complete the personal data on the death certificate. The medical examiner shall complete the manner of death and cause of death sections of the death certificate within 24 hours after taking charge of the case. If an autopsy is performed by the state medical examiner, the death certificate shall be submitted to the state medical examiner’s office for completion. All information included on the certificate shall be typewritten.

127.5(2) Filing. The funeral director shall file the certificate with the county registrar in the county in which the death occurred. A death certificate shall be filed prior to the issuance of a burial transit permit and prior to disposal of the body.

127.5(3) Extension of time. If a medical examiner is unable to complete the manner of death and cause of death sections of the death certificate within the 24–hour time period, the funeral director shall file a death certificate form completed with all available information. Such certificate shall be authority for the issuance of a burial transit permit. Within 15 days, a supplemental report shall be filed with the local registrar which provides the information missing from the original certificate.

127.5(4) Additional standards. Additional rules relative to death certificates may be found at 641—Chapter 101.

641—127.6(331,691) Cremation.

127.6(1) Permit obtained prior to cremation—Form ME–5. A permit for cremation shall be obtained from a county medical examiner prior to cremation of a body of a decedent. For purposes of this requirement, a facsimile or electronic copy of the cremation permit has the same legal effect as the original. Cremation permits shall be issued on the Cremation Permit by Medical Examiner, Form ME–5.

127.6(2) Requirements for issuance of permit. A county medical examiner shall direct an inquiry into the cause and manner of death and shall determine whether the death is one which affects the public interest prior to issuing a cremation permit.

a. Death which affects the public interest. If the death occurred in a manner specified in Iowa Code section 331.802(3) or if reasonable suspicion that the death occurred in such a manner exists, a medical examiner shall view the body, make a personal inquiry into the cause and manner of death, and complete or cause to be completed all necessary autopsy or postmortem examinations prior to issuing a cremation permit.

b. Death which does not affect the public interest. If, following an inquiry into the cause and manner of death, the county medical examiner determines that the death did not occur in a manner specified in Iowa Code section 331.802(3), a medical examiner is not required to view the body prior to issuing a cremation permit. A county medical examiner shall certify on the Cremation Permit by Medical Examiner, Form ME–5, that the medical examiner’s inquiry into the cause and manner of death did not disclose evidence that the death occurred in a manner specified in Iowa Code section 331.802(3).

127.6(3) Fee. A fee for the Cremation Permit by Medical Examiner, Form ME–5, shall be paid by the family, next of kin, guardian of the decedent, or other person authorized to act on behalf of the decedent.

641—127.7(331,691) County medical examiner investigators.

127.7(1) Appointment. A county medical examiner may appoint one or more county medical examiner investigators upon approval by the board of supervisors and the state medical examiner.

127.7(2) Qualifications.

a. Prior to appointment, a CME–I shall possess a minimum of two years of experience as a licensed or certified nurse or medical care provider.

b. Prior to or within three years of appointment, a CME–I shall satisfy the following criteria:

(1) Attend the St. Louis School of Medicine Medicolegal, Basic and Masters Death Investigation Course or its state medical examiner–approved equivalent; and

(2) Obtain and maintain certification as a death investigator by the National Association of Medical Examiners.

c. A CME–I is not required to meet the requirements of paragraph “a” or “b” if the individual has functioned in the capacity of a CME–I for a period of five years as of January 1, 2002.

127.7(3) Duties. A CME–I shall assist in death investigations. A CME–I acting under the supervision of a county medical examiner may sign the Form ME–1. A CME–I shall not sign a certificate of death or a Form ME–5.

127.7(4) Supervision. A CME–I shall serve under the supervision of a county medical examiner. A CME–I may provide services only when in the personal presence of a county medical examiner or under the direction of a county medical examiner who is available in person or under the direction of a county medical examiner when the county medical examiner or the state medical examiner’s office is available by telephonic communication. A CME–I shall at all times perform services in a manner which is consistent with the protocol outlined in the most current edition of the County Medical Examiner’s Handbook and any policies or protocols of the supervising county medical examiner.

127.7(5) Fees. Fees for the services provided by a CME–I shall be paid by the county of appointment.

641—127.8(331,691) Deputy county medical examiners.

127.8(1) Appointment. A county medical examiner may appoint one or more deputy county medical examiners upon approval by the board of supervisors and the state medical examiner.

127.8(2) Qualifications. A DCME shall be licensed in the state of Iowa as a medical or osteopathic physician or surgeon.

127.8(3) Duties. A DCME shall serve at the direction of the county medical examiner and may perform any duty of a county medical examiner which is delegated by the county medical examiner to the DCME.

127.8(4) Fees. Fees for the services provided by a DCME shall be paid by the county of appointment.

641—127.9(331,691) Failure to comply with rules. If a county medical examiner, deputy county medical examiner, county medical examiner investigator, pathologist, or other physician fails to comply with these rules, the state medical examiner may provide written notice of the failure to comply to that individual, the appropriate county medical examiner, and the appropriate county board of supervisors. Within 30 days of the date of the notice, the individual to whom the notice was provided shall submit a written response to the state medical examiner, outlining a proposed corrective action plan. If no response is received within the 30 days or if the proposed corrective action plan is unacceptable, the state medical examiner shall forward copies of the notice and all pertinent correspondence and information to the board of supervisors for the county which appointed the individual, notifying the board of the individual’s failure to comply with these rules.

641—127.10(331,691,22) Confidentiality. Records and reports of a medical examiner may be confidential records pursuant to Iowa Code sections 22.7(2), 22.7(5), and 22.7(41) and other provisions of Iowa law. Prior to releasing a medical examiner record or report to a member of the public, a county medical examiner may inform the appropriate law enforcement agency, the county attorney, and the state medical examiner to determine whether release is authorized under Iowa law.

641—127.11(331,691,670) Indemnification. A board of supervisors shall defend, hold harmless, and indemnify a county medical examiner and any properly appointed staff members to the extent provided in Iowa Code chapter 670.

These rules are intended to implement Iowa Code chapters 331 and 691.

arc 0980b

REVENUE AND FINANCE DEPARTMENT[701]

Notice of Intended Action

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 52, “Filing Returns, Payment of Tax and Penalty and Interest,” Iowa Administrative Code.

Item 1 provides for the elimination of the requirement that a partial property tax exemption be allowed for the actual value added by improvement to real property for qualification for the investment tax credit.

Item 2 provides that an eligible business whose project involves value–added agricultural products, including cooperatives described in Section 521 of the Internal Revenue Code whose project primarily involves the production of ethanol, may have unused investment tax credit refunded. To clarify the statutory provision, examples are included.

Item 3 amends an implementation clause.

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 section 17A.4A. The Department will issue a regulatory analysis as provided in Iowa Code section 17A.4A if a written request is filed by delivery or by mailing postmarked no later than November 5, 2001, 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 November 21, 2001. 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 November 14, 2001.

These amendments are intended to implement Iowa Code section 15.333(1) as amended by 2000 Iowa Acts, chapter 1213, section 1, and 2001 Iowa Acts, House File 349, section 1, and House File 716, section 1.

The following amendments are proposed.

ITEM 1. Amend subrule 52.10(1) as follows:

52.10(1) Definitions:

a. “Eligible business” means a business meeting the conditions of Iowa Code section 15.329.

b. “Improvements to real property” includes the cost of utility lines, drilling wells, construction of sewage lagoons, parking lots and permanent structures. The term does not include temporary structures.

c. “Machinery and equipment” means machinery used in manufacturing establishments and computers except point–of–sales equipment as defined in Iowa Code section 427A.1. The term does not include computer software.

d. “New investment directly related to new jobs created by the location or expansion of an eligible business under the program” means the cost of machinery and equipment purchased for use in the operation of the eligible business which has been depreciated in accordance with generally accepted accounting principles and the cost of improvements to real property.

For the cost of improvements to real property to be eligible for an investment tax credit, the improvements to real property must have received an exemption from property taxes under Iowa Code section 15.332. Replacement machinery and equipment and additional improvements to real property placed in service during the period of property tax exemption by an eligible business qualify for an investment tax credit.

For tax years beginning on or after January 1, 2001, the requirement that the improvements to real property must have received an exemption from property taxes under Iowa Code section 15.332 has been eliminated.

ITEM 2. Amend rule 701—52.10(15) by adopting the following new subrule:

52.10(4) Investment tax credit—value–added agricultural products. For tax years beginning on or after July 1, 2001, an eligible business whose project primarily involves the production of value–added agricultural products may elect to receive a refund for all or a portion of an unused investment credit. An eligible business includes a cooperative described in Section 521 of the Internal Revenue Code which is not required to file an Iowa corporation tax return, and whose project primarily involves the production of ethanol.

Eligible businesses that elect to receive a refund shall apply to the Iowa department of economic development for tax credit certificates between May 1 and May 15 of each fiscal year. Only those businesses that have completed projects before the May 1 filing date may apply for a tax credit certificate. The Iowa department of economic development will not issue tax credit certificates for more than $4 million during a fiscal year. If applications are received for more than $4 million, the applicants shall receive certificates for a prorated amount.

The Iowa department of economic development will issue tax credit certificates by June 30 of each fiscal year that are not valid until the tax year following project completion. The tax credit certificate must be attached to the tax return for the tax year during which the tax credit is claimed. The tax credit certificate shall not be transferred.

For value–added agricultural projects involving ethanol, for cooperatives that are not required to file an Iowa income tax return because they are exempt from federal income tax, the cooperative must submit a list of its members and the share of each member’s interest in the cooperative. The Iowa department of economic development will issue a tax credit certificate to each member on the list.

The following nonexclusive examples illustrate how this subrule applies:

EXAMPLE 1. Corporation A completes a value–added agricultural project in October 2001 and has an investment tax credit of $1 million. Corporation A is required to file an Iowa income tax return but expects no tax liability for the year ending December 31, 2001. Thus, Corporation A applies for a tax credit certificate for the entire unused credit of $1 million in May 2002. The entire $1 million is approved by the Iowa department of economic development, so the tax credit certificate is attached to the tax return for the year ending December 31, 2002. Corporation A will request a refund of $1 million on this tax return.

EXAMPLE 2. Corporation B completes a value–added agricultural project in October 2001 and has an investment tax credit of $1 million. Corporation B is required to file an Iowa income tax return but expects no tax liability for the year ending December 31, 2001. Thus, Corporation B applies for a tax credit of $1 million in May 2002. Due to the proration of available credits, Corporation B is awarded a tax credit certificate for $400,000. The tax credit certificate is attached to the tax return for the year ending December 31, 2002. Corporation B will request a refund of $400,000 on this tax return. The remaining $600,000 of unused credit can be carried forward for the following seven tax years or until the credit is depleted, whichever occurs first. If Corporation B expects no tax liability for the tax period ending December 31, 2002, Corporation B may apply for a tax credit certificate in May 2003 for this $600,000 amount.

EXAMPLE 3. Corporation C completes a value–added agricultural project in March 2002 and has an investment tax credit of $1 million. Corporation C is required to file an Iowa income tax return and expects a tax liability of $200,000 for the tax period ending December 31, 2002. Thus, Corporation C applies for a tax credit certificate for the unused credit of $800,000 in May 2002. A tax credit certificate is awarded for the entire $800,000. The tax credit certificate for $800,000 shall be attached to the tax return for the period ending December 31, 2003, since the certificate is not valid until the year following the project’s completion. The tax return for the period ending December 31, 2002, reports a tax liability of $150,000. The investment credit is limited to $150,000 for the period ending December 31, 2002, and the remaining $50,000 can be carried forward for the following seven tax years.

EXAMPLE 4. Corporation D is a cooperative described in Section 521 of the Internal Revenue Code that completes a project involving ethanol in August 2002. Corporation D has an investment tax credit of $500,000. Corporation D is not required to file an Iowa income tax return because Corporation D is exempt from federal income tax. When filing for the tax credit certificate in May 2003 for the $500,000 unused credit, Corporation D must attach a list of its members and the share of each member’s interest in the cooperative. The Iowa department of economic development will issue tax credit certificates to each member on the list based on each member’s interest in the cooperative. The members can attach the tax credit certificate to their Iowa income tax returns for the year ending December 31, 2003, since the certificate is not valid until the year following project completion.

EXAMPLE 5. Corporation E is a cooperative described in Section 521 of the Internal Revenue Code that completes a project involving ethanol in August 2002. Corporation E has an investment tax credit of $500,000. Corporation E is required to file an Iowa income tax return because Corporation E is not exempt from federal income tax. Corporation E expects a tax liability of $100,000 on its Iowa income tax return for the year ending December 31, 2002. Corporation E may apply for a tax credit certificate in May 2003 for the unused credit of $400,000. Since the cooperative is required to file an Iowa income tax return, Corporation E is not required to provide a list of members when applying for the tax credit certificate. The tax credit certificate can be claimed on the Iowa income tax return for the period ending December 31, 2003.

ITEM 3. Amend rule 701—52.10(15), implementation clause, as follows:

This rule is intended to implement Iowa Code ~~sections~~ section 15.333 as amended by 2000 Iowa Acts, chapter 1213, section 1, and 2001 Iowa Acts, House File 349, section 1, and House File 716, section 1, and Iowa Code section 15.335.

NOTICE—PUBLIC FUNDS INTEREST RATES

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 September is 7.25%.

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 September 27, 2001, setting the minimums that may be paid by Iowa depositories on public funds are listed below.

TIME DEPOSITS

7–31 days Minimum 2.10%

32–89 days Minimum 2.30%

90–179 days Minimum 2.30%

180–364 days Minimum 2.40%

One year to 397 days Minimum 2.50%

More than 397 days Minimum 2.80%

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.

arc 0991b

UTILITIES DIVISION[199]

Notice of Intended Action

Pursuant to Iowa Code sections 17A.4, 476.1, 476.1A, 476.1B, 476.2, and 476.20 (2001), the Utilities Board (Board) gives notice that on September 6, 2001, the Boardissued an order in Docket No. RMU–01–10, In re: Rights and Remedies for Gas and Electric Customers, “OrderCommencing Rule Making.” The Board is proposing to amend 199 IAC 19.4(10)“c,” 19.4(10)“d,” 19.4(15)“h”(3), 20.4(11)“c,” 20.4(11)“d,” and 20.4(15)“h”(3). These amendments are the result of information the Board obtained in its recent docket concerning the consequences of the extreme cold and high gas prices during the 2000–2001 winter heating season, Docket No. NOI–01–1.

The Board in Docket No. NOI–01–1 discovered that many utilities were not properly applying the Board’s rules on payment agreements. The Board found that companies were using the 12–month minimum agreement required by 199 IAC 19.4(10) and 20.4(11) as a maximum length rather than a minimum. The Board addressed this situation in the docket and determined that the “Rights and Remedies” section of the rules should be updated to better explain this requirement.

The proposed amendments explain the requirement that a utility must inform a customer that the customer is entitled to a first payment agreement of at least 12 months and, if the customer does not consider the agreement offered by the utility reasonable, the customer may propose an agreement. The proposed amendments also explain that a customer does not have the right to a second payment agreement if the customer does not make the payments required under the first agreement. The amendments also explain requirements a utility must meet if it intends to refuse a payment agreement offered by the customer. The refusal must be sent in writing to the customer and the customer may ask the Board for assistance in reaching a reasonable agreement with the utility.

Pursuant to Iowa Code sections 17A.4(1)“a” and “b,” any interested person may file a written statement of position pertaining to the proposed amendments. The statement must be filed on or before October 23, 2001, by filing an original and ten copies in a form substantially complying with 199 IAC 2.2(2). All written statements should clearly state the author’s name and address and should make specific reference to this docket. All communications should be directed to the Executive Secretary, Utilities Board, 350 Maple Street, Des Moines, Iowa 50319–0069.

No oral presentation is scheduled at this time. Pursuant to Iowa Code section 17A.4(1)“b,” an oral presentation may be requested or the Board on its own motion after reviewing the statements may determine that an oral presentation should be scheduled.

These amendments are intended to implement Iowa Code sections 17A.4, 476.1, 476.1A, 476.1B, 476.2, and 476.20.

The following amendments are proposed.

ITEM 1. Amend paragraph 19.4(10)“c” as follows:

c. Terms. The agreement may require the customer to bring the account to a current status by paying specific amounts at scheduled times. The utility shall offer customers or disconnected customers the option of spreading payments evenly over at least 12 months. Payments for potential customer agreements may be spread evenly over at least 6 months.

The agreement shall also include provision for payment of the current account. The agreement negotiations and periodic payment terms shall comply with tariff provisions which are consistent with these rules.

When the customer makes the agreement in person, a signed copy of the agreement shall be provided to the customer, disconnected customer or potential customer.

The utility may offer the customer the option of making the agreement over the telephone or through electronic transmission. When the customer makes the agreement over the telephone or through electronic transmission, the utility will render to the customer a written document reflecting the terms and conditions of the agreement within three days of the date the parties entered into the oral agreement. The document will be considered rendered to the customer when deposited in the U.S. mail with postage prepaid. If delivery is by other than U.S. mail, the document shall be considered rendered to the customer when delivered to the last–known address of the person responsible for payment for the ser–vice. The document shall state that unless the customer notifies the utility within ten days from the date the document is rendered, it will be deemed that the customer accepts the terms as reflected in the written document. The document stating the terms and agreements shall include the address and a toll–free number where a qualified representative can be reached. By making the first payment, the customer confirms acceptance of the terms of the oral agreement.

If the payment agreement proposed by the utility is not acceptable, the customer may propose an alternative agreement to the utility.

Second agreement. If a customer has retained service from November 1 through April 1 but is in default of a payment agreement, the utility may offer the customer a second payment agreement that will divide the past–due amount into equal monthly payments with the final payment due by the fifteenth day of the next October. The utility may also require the customer to enter into a level payment plan to pay the current bill.

The customer who has been in default of a payment agreement from November 1 to April 1 may be required to pay current bills based on a budget estimate of the customer’s actual usage, weather–normalized, during the prior 12–month period or based on projected usage if historical use data is not available.

ITEM 2. Amend paragraph 19.4(10)“d” as follows:

d. Refusal by utility. If the utility intends to refuse a payment agreement offered by a customer, it must provide a written refusal to the customer. That refusal, with explanation, must be made within 30 days of mailing of the initial disconnection notice. A customer may protest the utility’s refusal by filing a written complaint, including a copy of the utility’s refusal, with the board within 10 days after receipt of the written refusal. If the utility intends to refuse a payment agreement to a disconnected or potential customer, it must provide a written refusal within 10 days of the application for payment agreement. If the utility intends to refuse a payment agreement offered by a customer, it may do so orally, but must provide a written refusal to the customer. That written refusal, with explanation, must be rendered within three days of making the decision to refuse. The document shall be considered rendered to the customer when deposited in the U.S. mail with postage prepaid. If delivery is by other than U.S. mail, the document shall be considered rendered to the customer when handed to the person or when delivered to the last–known address of the person responsible for the payment for the service. A customer may ask the board for assistance in working out a reasonable payment agreement. The request for assistance must be made to the board within ten days after the rendering of the written refusal. During the review of this request, the utility may not disconnect the service. If the utility intends to refuse a payment agreement to a disconnected customer or applicant for service, it must provide a written refusal within ten days of the application for payment agreement.

ITEM 3. Amend subparagraph 19.4(15)“h”(3) as follows:

(3) The summary of the rights and remedies must be approved by the board. Any utility providing gas service and defined as a public utility in Iowa Code section 476.1 which does not use the standard form set forth below for customers billed monthly shall submit to the board an original and six copies of its proposed form for approval.

CUSTOMER RIGHTS AND REMEDIES TO AVOID DISCONNECTION

The following is a summary of your rights and remedies under the rules of the Utilities Division of the Iowa Department of Commerce to avoid disconnection of utility service.

Disconnection can be avoided by paying the past due amount or by making arrangements to pay on or before the date listed on the notice.

Disconnection for nonpayment may occur only after we have sent a written notice of disconnection by regular mail postmarked at least 12 days before service is to be shut off. This notice must include the reason for disconnection. We must try to contact you by phone or in person prior to disconnection. If disconnection is scheduled between November 1 and April 1 and it has not been possible to contact you by phone or in person, a notice must be placed on the door of the home at least one day before service is disconnected.

Disconnection of your service may take place only between the hours of 6 a.m. and 2 p.m. on a weekday and not on weekends or holidays. If you make payment or other arrangements during normal business hours, or by 7 p.m. for utilities permitting such payment or other arrangements after normal business hours, all reasonable efforts shall be made to reconnect your service that day. If you make payment or other arrangements after 7 p.m., all reasonable efforts shall be made to reconnect your service not later than 11 a.m. the next day. Between November 1 and April 1, we cannot require you to pay a deposit before service is reconnected or as part of an agreement for service to be continued.

Delinquent bill. If you are unable to pay a past due bill in full, you will be given an opportunity to enter into a payment agreement to avoid disconnection of service. The agreement will be negotiated to meet your individual needs and you may spread payments for the past due bill over at least 12 months. You must also agree to pay each new monthly bill as it comes due. If we refuse an agreement, you will be told in writing why we refused, and you may continue to pay under your proposed agreement without disconnection of service if you ask the Board (within 10 days after receiving the written refusal) for assistance in working out an agreement with us. (Iowa Utilities Board, 350 Maple Street, Des Moines, Iowa 50319, (515)281–3839 or toll–free (877)565–4450). If you break the payment agreement, we are not required to offer you a second payment agreement and may disconnect service on one day’s notice. If you are unable to pay a past due bill in full, you can avoid disconnection of service by entering into a payment agreement. We will offer you an agreement that will allow you to spread payments over at least 12 months. You must also agree to pay each new monthly bill as it comes due. If you need to spread payments over a longer period, you may offer us a payment agreement you think is reasonable. If we refuse your offer in person or by telephone, we will tell you why we refuse. We will also render a written explanation documenting our refusal within three days. If we refuse your offer, you have ten days from the date of refusal to ask the Iowa Utilities Board (IUB) Customer Service Section for assistance in working out a reasonable payment agreement. When you request assistance from the IUB, we will delay disconnection for up to 30 days while the request is under review. While we delay disconnection, you must make payments in accordance with your proposed payment agreement and pay each new monthly bill as it comes due. You may contact the IUB by calling (515)281–3839 or toll–free (877)565–4450. You may also write to them at 350 Maple Street, Des Moines, Iowa 50319, or by electronic mail to iubcustomer@max.state.ia.us.

Broken agreements. If you break a payment agreement, we are not required to offer you a second payment agreement. We may disconnect your service on one day’s notice. If we do offer you a second payment agreement, we are not required to offer a minimum repayment period.

Health. Disconnection for nonpayment will be delayed 30 days if a physician or public health official determines that a permanent resident in your house has a serious health problem and will be endangered if service is shut off. At our request, a telephone call from the physician or public health official to our office must be followed up by a letter within 5 days. During the 30–day delay, you must work out a payment agreement. If the physician or health official states that the health problem still exists at the end of the initial 30 days, you may receive an additional 30–day delay.

Disputed bill. If you disagree with the accuracy of your bill, you may pay the undisputed portion and notify our office of the disagreement. Disconnection will be delayed for up to 45 days from the date the bill was mailed so that the disagreement may be settled. If you file a written complaint with the Board (address and telephone number listed previously), disconnection may be further postponed, should the Board request the extension.

Winter energy assistance (November 1 through April 1). You may be eligible for low–income energy assistance orweatherization funds. If you tell us that you may qualify for energy assistance, you will be given 12 days from the date on which the disconnection notice was mailed to apply to the local community action agency. You must apply prior to the disconnection date. If the community action agency certifies you as being eligible for either low–income assistance or weatherization assistance within 30 days from the date of your application, then your service cannot be disconnected between November 1 and April 1.

It is unlikely, however, that energy assistance funds will pay all of your utility bills. It is to your advantage to make a payment arrangement now to avoid disconnection of your service after April 1.

If you have been certified as eligible for assistance, and you receive a disconnection notice from our gas or electric company, it is up to you to ensure that the utility is notified of your eligibility. Your certification will cover the current November 1 through April 1 period only. For further information on how to apply for assistance and qualifications, contact our business office, the Division of Community Action Agencies of the Department of Human Rights, Lucas State Office Building, Des Moines, Iowa 50319 (1–515–281–0859), or your community action agency [list of community action agency addresses and telephone numbers for the utility’s service territory].

ITEM 4. Amend paragraph 20.4(11)“c” as follows:

When the customer makes the agreement in person, a signed copy of the agreement shall be provided to the customer, disconnected customer or potential customer.

The utility may offer the customer the option of making the agreement over the telephone or through electronic transmission. When the customer makes the agreement over the telephone or through electronic transmission, the utility will render to the customer a written document reflecting the terms and conditions of the agreement within three days of the date the parties entered into the oral agreement. The document will be considered rendered to the customer when deposited in the U.S. mail with postage prepaid. If delivery is by other than U.S. mail, the document shall be considered rendered to the customer when delivered to the last–known address of the person responsible for payment for the ser–vice. The document shall state that unless the customer notifies the utility within ten days from the date the document is rendered, it will be deemed that the customer accepts the terms as reflected in the written document. The document stating the terms and agreements shall include the address and toll–free number where a qualified representative can be reached. By making the first payment, the customer confirms acceptance of the terms of the oral agreement.

If the payment agreement proposed by the utility is not acceptable, the customer may propose an alternative agreement to the utility.

ITEM 5. Amend paragraph 20.4(11)“d” as follows:

d. Refusal by utility. If the utility intends to refuse a payment agreement offered by a customer, it must provide a written refusal to the customer. That refusal, with explanation, must be made within 30 days of mailing of the initial disconnection notice. A customer may protest the utility’s refusal by filing a written complaint, including a copy of the utility’s refusal, with the board within 10 days after receipt of the written refusal. If the utility intends to refuse a payment agreement to a disconnected or potential customer, it must provide a written refusal within 10 days of the application for payment agreement. If the utility intends to refuse a payment agreement offered by a customer, it may do so orally, but must provide a written refusal to the customer. That written refusal, with explanation, must be rendered within three days of making the decision to refuse. The document shall be considered rendered to the customer when deposited in the U.S. mail with postage prepaid. If delivery is by other than U.S. mail, the document shall be considered rendered to the customer when handed to the person, or when delivered to the last–known address of the person responsible for the payment for the service. A customer may ask the board for assistance in working out a reasonable payment agreement. The request for assistance must be made to the board within ten days after the rendering of the written refusal. During the review of this request, the utility may not disconnect the service. If the utility intends to refuse a payment agreement to a disconnected customer or applicant for service, it must provide a written refusal within ten days of the application for payment agreement.

ITEM 6. Amend subparagraph 20.4(15)“h”(3) as follows:

(3) The summary of the rights and remedies must be approved by the board. Any utility providing electric service and defined as a public utility in Iowa Code section 476.1 which does not use the standard form set forth below for customers billed monthly shall submit to the board an original and six copies of its proposed form for approval.

CUSTOMER RIGHTS AND REMEDIES TO AVOID DISCONNECTION

The following is a summary of your rights and remedies under the rules of the Utilities Division of the Iowa Department of Commerce to avoid disconnection of utility service.

Disconnection can be avoided by paying the past due amount or by making arrangements to pay on or before the date listed on the notice.

Delinquent bill. If you are unable to pay a past due bill in full, you will be given an opportunity to enter into a payment agreement to avoid disconnection of service. The agreement will be negotiated to meet your individual needs and you may spread payments for the past due bill over at least twelve months. You must also agree to pay each new monthly bill as it comes due. If we refuse an agreement, you will be told in writing why we refused, and you may continue to pay under your proposed agreement without disconnection of service if you ask the Board (within ten days after receiving the written refusal) for assistance in working out an agreement with us. (Iowa Utilities Board, 350 Maple Street, Des Moines, Iowa 50319, (515)281–3839 or toll–free (877)565–4450). If you break the payment agreement, we are not required to offer you a second payment agreement and may disconnect service on one day’s notice. If you are unable to pay a past due bill in full, you can avoid disconnection of service by entering into a payment agreement. We will offer you an agreement that will allow you to spread payments over at least 12 months. You must also agree to pay each new monthly bill as it comes due. If you need to spread payments over a longer period, you may offer us a payment agreement you think is reasonable. If we refuse your offer in person or by telephone, we will tell you why we refuse. We will also render a written explanation documenting our refusal within three days. If we refuse your offer, you have ten days from the date of refusal to ask the Iowa Utilities Board (IUB) Customer Service Section for assistance in working out a reasonable payment agreement. When you request assistance from the IUB, we will delay disconnection for up to 30 days while the request is under review. While we delay disconnection, you must make payments in accordance with your proposed payment agreement and pay each new monthly bill as it comes due. You may contact the IUB by calling (515)281–3839 or toll–free (877)565–4450. You may also write to them at 350 Maple Street, Des Moines, Iowa 50319, or by electronic mail to iubcustomer@max.state.ia.us.

Winter energy assistance (November 1 through April 1). You may be eligible for low–income energy assistance orweatherization funds. If you tell us that you may qualify for energy assistance, you will be given 12 days from the date on which the disconnection notice was mailed to apply to the local community action agency. You must apply for assistance prior to the disconnection date. If the community action agency certifies you as being eligible for either low–income assistance or weatherization assistance within 30 days from the date of your application, then your service cannot be disconnected between November 1 and April 1.

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UTILITIES DIVISION[199]

Notice of Intended Action

Pursuant to Iowa Code sections 17A.4, 476.1, 476.1A, 476.1B, 476.2, and 476.20 (2001), the Utilities Board (Board) gives notice that on September 6, 2001, the Board issued an order in Docket No. RMU–01–9, In re: Application of Payments to Level Payment Accounts. The Board is proposing to amend 199 IAC 19.4(11)“g” and 20.4(12)“g” to require that payments above the level payment agreed to by an electric or gas customer must be applied to the unpaid balance rather than to the current or future monthly payments.

The Board in Docket No. NOI–01–1 had several complaints by electric and gas customers who were on level payment plans, also known as budget billing, about the disposition of overpayments. The complaints indicated that some customers would deliberately pay more than the level payment amount due and the utility would credit that overpayment to future monthly payments rather than the outstanding account balance. This was also found to occur when a utility made a credit from air conditioning load control program or revenue sharing credits. Because of the overpayment or credit the customer would be directed not to pay some or all of succeeding monthly bills, while the customer still had an outstanding balance under the level payment plan.

The issues raised by the application of any overpayment or credit are of particular concern when Low Income Home Energy Assistance Program (LIHEAP) payments are treated in similar fashion. A LIHEAP customer typically signs up for energy assistance in October, and during the first week of November the total assistance grant is entered as a credit on the customer’s account. The initial credit may be large enough to generate several bills for which no payment is required, but since the payment does not cover all of the winter heating bills, the effect of directing customers to make no payment is to increase the account balance at the end of the level payment period for those low–income customers.

The Board believes that a better way to handle overpayments and credits, including LIHEAP payments, is for the utility to apply them to the outstanding balance and bill the customer the monthly level payment amount each month. This generally will reduce the overall payment obligationof the customer at the end of the level payment period. ALIHEAP customer may request that bill credits or excess payments be applied to the customer’s level payment amount.

A public hearing to receive oral comments on the proposed amendments will be held at 10 a.m. on November 20, 2001, in the Board’s hearing room at the address listed above.

These amendments are intended to implement Iowa Code sections 17A.4, 476.1, 476.1A, 476.1B, 476.2, and 476.20.

The following amendments are proposed.

ITEM 1. Amend paragraph 19.4(11)“g” as follows:

g. The amount to be paid in each billing interval by a customer on a level payment plan shall be computed at the time of entry into the plan. It may be recomputed on each anniversary date, when requested by the customer or whenever price, or consumption, alone or in combination ~~result~~ , results in a new estimate differing by 10 percent or more from that in use.

When a customer’s payment level is recomputed, the customer shall be notified of the revised payment amount and the reason for the change. The notice shall be served not less than 30 days prior to the date of delinquency for the first revised payment. The notice may accompany the bill prior to the bill affected by the revised payment amount.

Any bill credits or payments in excess of the current level payment due from the customer shall be applied only to the outstanding account balance and not to level payment amounts. However, upon request of a customer who does not receive funds from the Low Income Home Energy Assistance Program (LIHEAP), bill credits or excess payments shall be applied to the customer’s level payment amount.

ITEM 2. Amend paragraph 20.4(12)“g” as follows:

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UTILITIES DIVISION[199]

Notice of Intended Action

Pursuant to Iowa Code sections 17A.4 and 476.1 and 2001 Iowa Acts, House File 577, the Utilities Board (Board) gives notice that on September 14, 2001, the Board issued an order in Docket No. RMU–01–11, In re: Ratemaking Principles Proceeding, “Order Commencing Rule Making,” to receive public comment on a proposed new Chapter 41 containing the filing requirements for the ratemaking principles proceedings provided for in 2001 Iowa Acts, House File 577, section 12 [476.53(3)“d”]. 2001 Iowa Acts, House File 577, section 12, allows rate–regulated public utilities that file an application to construct or lease generating plants that meet certain criteria to request that the Board specify in advance the ratemaking principles that will apply when the costs of the facility are included in regulated electric rates. 2001 Iowa Acts, House File 577, section 12 [476.53(3)“d”], specifically provides that the applicable ratemaking principles shall be determined in a contested case proceeding. New Chapter 41 outlines the filing requirements for a rate–regulated public utility to follow when it makes a filing to initiate a ratemaking principles proceeding.

The proposed new chapter contains only filing requirements for the ratemaking principles proceeding. The ratemaking principles themselves will be determined by the Board after hearing all of the evidence in the contested case proceeding and may not be the same for any two generation facilities, because the facts and circumstances will be different with each proceeding. Because these are new and unique proceedings, no standard procedural schedule is proposed. For example, a proceeding involving a coal–fired plant or an affiliate lease may have issues different from a proceeding involving a gas–fired combined–cycle plant, and additional time will likely be required to deal with those issues pertaining to a coal–fired plant or an affiliate lease.

A summary of the proposed chapter is as follows:

199 IAC 41.1(476) Definitions.

This rule establishes the definitions that will be used throughout the chapter. Definitions for “baseload generation,” “combined–cycle combustion turbine,” and “opportunity sales” have been developed. The definitions for “alternate energy production facility” and “facility” are taken directly from current statute (Iowa Code sections 476.42 and 476A.1, respectively) and the definition for “emissionallowance” is taken from 199 IAC 24. The definition of “utility” is the same as that used in the competitive bidding rules, Docket No. RMU–01–8, published under Notice of Intended Action in the Iowa Administrative Bulletin on August 22, 2001, as ARC 0888B. The definition includes all rate–regulated electric public utilities selling to retail customers in Iowa.

199 IAC 41.2(476) Applicability and purpose.

The rules only apply if a rate–regulated utility proposes to construct or lease, either in whole or in part, a new baseload (exceeding 300 megawatts), combined–cycle, or alternate energy facility in Iowa and the utility desires a predetermined set of ratemaking principles that shall be used to determine retail rate recovery of the costs of the facility. The rules apply only to new facilities, not existing facilities, consistent with statutory language and legislative intent.

199 IAC 41.3(476) Application for predetermined ratemaking principles—contents.

This rule establishes the minimum filing requirements that must accompany an application for predetermined ratemaking principles, giving the utilities guidance as to what evidence the Board needs to make a finding of reasonableness. Since “reasonableness” is a broad concept, the Board should consider several factors in addition to cost of the facility. Each subrule of this rule contains a different set of minimum filing requirements and is discussed separately.

199 IAC 41.3(1) General information.

Much of the “general information” subrule comes directly from the Board’s proposed generation plant siting rules, Docket No. RMU–01–7, published under Notice of Intended Action in the Iowa Administrative Bulletin on August 22, 2001, as ARC 0889B. This general information includes a description of the facility and its ownership, site, fuel, and wastes. The applicant is also asked to identify contractual commitments undertaken or planned to be undertaken with respect to the proposed facility and a general map and description of transmission corridors and constraints. Requirements identifying the general contractor and plant operator are not part of the Board’s proposed generation plant siting rules, but are necessary for appropriate risk assessment, as discussed in subrule 41.3(3) below.

2001 Iowa Acts, House File 577, allows the utility to file for ratemaking principles at the same time it files for a plant siting certificate. In a joint principles and certificate filing, the utility would have to file the general information only once.

199 IAC 41.3(2) Economic evaluation of the proposed facility.

This subrule requires the utility to provide basic cost and financial information regarding the proposed facility as projected throughout the facility’s life using the proposed ratemaking principles. This information is necessary to give the Board an indication of what the facility will cost ratepayers at the time the facility is included in retail rates. The installed cost includes the cost elements identified in the Board’s siting rules (199 IAC 24.4(1)“h”) and adds additional elements such as the costs of engineering and development, sales taxes, allowance for funds used during construction (AFUDC), and gas and transmission interconnection. The installed cost is used in calculating projected revenue requirements associated with the proposed facility and, as such, should reflect all capital costs associated with the project. Projected fixed and variable operation and maintenance costs must also be filed as part of this subrule, because these costs are also reflected in revenue requirements or energy adjustment clause payments. The cost of capital and cash flow analyses, requested in paragraphs “b” and “c,” indicate how construction of the facility is projected to affect the liquidity of the utility and return to shareholders.

199 IAC 41.3(3) Risk mitigation factors.

It is appropriate for the Board to consider risk mitigation factors that the utility has in place for the proposed facility when determining the reasonableness of the facility in comparison to other alternatives. Under a purchased power alternative for new supply, the utility would likely not incur either operational or construction risk.

It is also important to consider risk mitigation factors because of the irrevocable nature of the regulatory principles. By making the principles irrevocable, 2001 Iowa Acts, House File 577, shifts the construction and operational risk of the facility from a utility’s shareholders to its ratepayers. For example, by predetermining an irrevocable cost of equity for the proposed facility, the Board eliminates its ability to use this ratemaking tool to adjust for management inefficiency in either the construction or operation of the proposed facility.

Contractual operational risk mitigation factors (especially performance standards) are particularly important in a leasing arrangement with a deregulated affiliate of the utility where the affiliate operates the plant. While utilities readily negotiate performance standards in purchased power agreements with third parties, the utilities may not have the same incentive to do so with an affiliate. The proposed rules indicate that performance standards in an affiliate leasing arrangement are expected for a Board determination of reasonableness.

199 IAC 41.3(4) Noncost factors.

The Board’s previous plant siting statute primarily focused on a least–cost standard for new supply. 2001 Iowa Acts, House File 577, removed the least–cost standard and replaced it with a reasonableness determination. As such, it is appropriate for the Board to consider noncost factors in its determination of ratemaking principles. This subrule requires the utility to compare the following noncost factors to other feasible sources of supply: (1) economic impact to the state and community where the facility is proposed to be located including job creation, taxes, and use of Iowa resources; (2) environmental impact to the state and community where the facility is proposed to be located; (3) electric supply reliability and security in Iowa; (4) fuel diversity and use of nontraditional supply sources such as alternate energy and cogeneration; and (5) efficiency and control technologies.

199 IAC 41.3(5) Proposed ratemaking principles.

Although 2001 Iowa Acts, House File 577, does not define what is meant by a ratemaking principle, the following factors have traditionally been the major cost drivers in determining retail rate recovery for new facilities: cost of equity, capital structure, costs of debt and preferred securities, depreciable lives, tax timing differences, jurisdictional allocations, current returns on construction work in progress, synchronization of AFUDC accrual termination, and treatment of excess capacity. In addition to these factors, another factor emerging from the new market environment is the sharing of profits from opportunity sales. This subrule includes specific minimum filing requirements for many of these principles if proposed by the utility. The filing requirements relate to financial modeling, peer analysis, jurisdictional allocation studies, and financial analysts’ forecasts. Many of these studies are readily filed in utility rate cases in support of cost of capital calculations, jurisdictional allocations, and tax timing differences. At a minimum, the utilities should be required to file like information in support of specific ratemaking principles given that these principles are irrevocable and will ultimately be used in setting retail rates to recover the cost of the project.

199 IAC 41.3(6) Consideration of other feasible sources of long–term supply.

The utility may satisfy the filing requirements found in this subrule by submitting the report required by 199—subrule 40.2(4) and the certification of the independent evaluator as required by 199—subrule 40.4(3) of the Board’s proposed competitive bidding rules published in ARC 0888B. If the utility chooses not to conduct a competitive solicitation as required by Board rules or if the Board determines the number of bidders in the solicitation was inadequate for a true competitive result, the utility must then comply with the requirements of subrule 41.3(6).

Four feasible sources of long–term supply are available to utilities: long–term power purchase agreements, curtailment of load through load management programs, curtailment of load and energy through energy efficiency programs, and nontraditional sources of supply such as alternate energy and cogeneration. Under this subrule, the utility must compare a proxy power purchase agreement with these other sources of supply. The proxy power purchase agreement shall reflect the expected capacity and energy costs (including allocation of common costs) for the facility using the proposed ratemaking principles. This information allows the Board to compare the cost of utility–owned generation with the other feasible sources of supply (similar to the all–source bidding included in the proposed competitive bidding rules).

199 IAC 41.3(7) Energy efficiency plan.

In determining the applicable ratemaking principles, the Board must find that the utility has in effect a Board–approved energy efficiency plan as required under Iowa Code section 476.6, subsection 19. Both MidAmerican and Alliant have Board–approved energy efficiency plans. The Board believes these plans are only “in effect” (as required by 2001 Iowa Acts, House File 577) if the utility’s energy efficiency expenditures are essentially in line with its budgeted plan expenses. Therefore, the rules require the utility to file a comparison of its budgeted plan expenses with its actual expenses for the most recent review period.

199 IAC 41.3(8) Additional application requirements for leasing arrangements.

2001 Iowa Acts, House File 577, allows the Board to predetermine ratemaking principles for both utility–owned and utility–leasing arrangements. The lease may be with a deregulated affiliate of the utility or with a merchant plant developer. This subrule requires additional information to be filed if the utility is proposing a lease arrangement. A lease arrangement adds another factor in the application that must be evaluated in order for the Board to make a reasonableness determination. The issue is further complicated if the leasing arrangement is with a deregulated affiliate of the utility, necessitating further filing requirements.

199 IAC 41.4(476) Coincident filing.

This rule gives the utility the option of filing its application for ratemaking principles coincident with its application for generation plant certification under 199 IAC 24 and consistent with 2001 Iowa Acts, House File 577.

Pursuant to Iowa Code sections 17A.4(1)“a” and “b,” any interested person may file a written statement of position pertaining to the proposed rules. The statement must be filed on or before October 23, 2001, by filing an original and ten copies in a form substantially complying with 199 IAC 2.2(2). All written statements should clearly state the author’s name and address and should make specific reference to this docket. All communications should be directed to the Executive Secretary, Utilities Board, 350 Maple Street, Des Moines, Iowa 50319–0069.

A public hearing to receive comments on the proposed rules will be held at 10 a.m. on November 27, 2001, in the Board’s hearing room at the address listed above.

These rules are intended to implement Iowa Code section 476.1 and 2001 Iowa Acts, House File 577.

The following new chapter is proposed.

CHAPTER 41
RATEMAKING PRINCIPLES PROCEEDING

199—41.1(476) Definitions.

“Affiliate” means a party that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a rate–regulated public utility.

“Alternate energy production facility” means any or all of the following:

1. A solar, wind turbine, waste management, resource recovery, refuse–derived fuel, agricultural crops or residues, or wood–burning facility.

2. Land, systems, buildings, or improvements that are located at the project site and are necessary or convenient to the construction, completion, or operation of the facility.

3. Transmission or distribution facilities necessary to conduct the energy produced by the facility to users located at or near the project site.

A facility which is a qualifying facility under 18 C.F.R. Part 292, Subpart B, is not precluded from being an alternate energy production facility.

“Baseload generation” means generating units designed for normal operation to serve all or part of the minimum load of the system on an around–the–clock basis. These units are operated to maximize system mechanical and thermal efficiency and minimize system operating costs.

“BTU” means British thermal unit.

“Combined–cycle combustion turbine” means an electric generating technology in which the efficiency of electric generation is increased by using otherwise lost waste heat exiting from one or more combustion turbines. The exiting heat is routed to a boiler or to a heat recovery steam generator for utilization by a steam turbine in the production of electricity.

“Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an enterprise through ownership, by contract or otherwise.

“CWIP” means construction work in progress.

“Emission allowance” means an authorization, allocated by the federal Environmental Protection Agency under the Acid Rain Program, to emit up to one ton of sulfur dioxide, during or after a specified calendar year.

“Facility” means any electric power generation plant or a combination of plants at a single site, owned by any person, with a total capacity of 25 megawatts of electricity or more and those associated transmission lines connecting the generating plant to either a power transmission system or an interconnected primary transmission system or both.

“kWh” means kilowatt–hour.

“Opportunity sales” means sales of electricity from a particular facility at market price after all contracted and firm transactions have been met.

“Utility” as defined in this chapter means a rate–regulated electric public utility selling to retail customers in Iowa.

199—41.2(476) Applicability and purpose. These rules apply to any rate–regulated public electric utility proposing to build or lease in Iowa, either in whole or in part, a new baseload generating facility exceeding 300 megawatts in size, a new combined–cycle combustion turbine of any size, a new alternate energy production facility of any size, or any combination of the above, and desiring predetermination of ratemaking principles to be used in establishing retail cost recovery of such a facility. The rules set the minimum filing requirements in a regulatory principles proceeding depending on the specific circumstances in each filing.

199—41.3(476) Application for predetermined ratemaking principles—contents. Each person or group of persons proposing to construct or lease a facility under this chapter and desiring predetermination of ratemaking principles for costing that facility shall file an application with the board. An application may be for one facility or a combination of facilities necessary to meet the current and future resource needs of the utility. At a minimum, an application shall substantially comply with the following requirements.

41.3(1) General information. An application shall include the following general information:

a. A complete description of the current and proposed rights of ownership in the proposed facility and current or planned purchased power contracts with respect to the proposed facility.

b. A general site description including a legal description of the site location, a map showing the coordinates of the site and its location with respect to state, county, and other political subdivisions, and showing prominent features such as cities, lakes, rivers and parks within the site impact area.

c. A general description of the proposed facility including a description of the principal characteristics of the facility such as the capacity of the proposed facility in megawatts (MW) expressed by the contract maximum generator nameplate MW rating, the net facility addition to the system in MW, by net to the busbar rating, and the portion (in MW) of the design capacity of the proposed facility which is proposed to be available for use by each participant, the number and type of generating units, the primary fuel source for each such unit, total hours of operation anticipated seasonally, and annually and output during these hours, expected capacity factors, a description of the general arrangement of major structures and equipment to provide the board with an understanding of the general layout of the facility, and a schedule for the facility’s construction and utilization including the projected date on which significant site alteration is proposed to begin and the projected date on which the facility is to be placed into service. For this purpose, a group of several similar generating units operated together at the same location such that segregated records of energy output are not available shall be considered as a single unit.

d. A general description of all raw materials, including fuel, used by the proposed facility in producing electricity and of all wastes created in the production process. In addition to describing the wastes created in the production proc–ess, the applicant shall determine annual expected sulfur dioxide emissions from the facility and provide a plan for acquiring allowances sufficient to offset these emissions. The applicant shall describe all transportation facilities currently operating that will be available to serve the proposed facility and shall describe any additional transportation facilities needed to deliver raw materials and to remove wastes.

e. Identification, general description, and chronology of all financial and other contractual commitments undertaken or planned to be undertaken with respect to the proposed facility.

f. A general map and description of the primary transmission corridors and the approximate routing of the rights–of–way in the vicinity of settled areas, parks, recreational areas, and scenic areas, and an analysis of the existing transmission network’s capability to reliably support the proposed additional generation interconnection to the network. The analysis must show that the interconnection to the transmission system is consistent with standard utility practices and the proposed interconnection does not degrade the adequacy, reliability, or operating flexibility of the existing transmission system in the area.

g. Identification of the general contractor for the proposed facility and the method by which the general contractor was selected.

h. Identification of the plant operator for the proposed facility and the method by which the plant operator was selected.

41.3(2) Economic evaluation of proposed facility. An application shall include an overall economic evaluation of the facility using conventional capital budgeting techniques and the proposed ratemaking principles. At a minimum, the evaluation shall include:

a. Net present value calculations. An application shall include annual and total net present value calculations of revenue requirements and capital costs over the life of the facility. In making these calculations, the utility shall detail the following cost assumptions:

(1) Installed cost. The utility shall provide an itemized statement of the total costs to construct the proposed facility. Such costs shall include, but not be limited to, the cost of all electric power generating units, all electric supply lines within the facility site boundary, all electric supply lines beyond the facility site boundary with voltage of 69 kilovolts or higher used for transmitting power from the facility to the point of junction with the distribution system or with the interconnected primary transmission system, all appurtenant or miscellaneous structures used and useful in connection with said facility or any part thereof, all rights–of–way, lands or interest in lands the use and occupancy of which are necessary or appropriate in the maintenance or operation of said facility, engineering and development, sales taxes, and allowance for funds used during construction (AFUDC) (if applicable). The costs of all electric power generating units shall include all costs of transmission and gas interconnection (if applicable). Facility costs shall be expressed in absolute terms and in dollars per kilowatt. The absolute and per kilowatt construction costs shall be adjusted by the expected rate of inflation from the time the construction costs are calculated to the time the facility is scheduled for operation.

(2) Fixed expenses. For each year of the facility’s life from the time of application to the end of its expected life, the utility shall file expense factors for fixed operation and maintenance costs; property, income, and other taxes; and straight–line and tax depreciation rates.

(3) Variable expenses. For each year of the facility’s life from the scheduled time of operation to the end of its expected life, the utility shall file expected variable operation and maintenance costs including the cost of fuel and emission allowances. These costs shall be reported in absolute terms and on a kilowatt–hour basis assuming expected annual capacity factors for the facility.

b. Cost of capital. The utility shall provide its projected costs of capital for the proposed facility for each year from the time of application throughout the facility’s life. All assumptions used in the projections shall be provided including, but not limited to, capital structure, cost of preferred stock, cost of debt, and cost of equity.

c. Cash flows. The utility shall provide the estimated maximum, minimum and expected cash inflows and maximum, minimum and expected cash outflows associated with the facility in each year from the date of application throughout the facility’s life.

41.3(3) Risk mitigation factors. At a minimum, the following information regarding contractual risk mitigation factors shall be included in an application.

a. Construction risk mitigation factors. A general description of the contractual standards by which the general contractor, if not the utility, must comply to mitigate construction risks including, but not limited to, cost overruns, labor shortages, failure to meet deadlines, and the need for replacement power if operational deadlines are not met. If the facility is being leased by the utility, the above factors shall be identified for the general contractor constructing the facility and the lessor. The general description should include all remedies, financial and otherwise, available to the utility for noncompliance with construction standards and schedules.

b. Operational risk mitigation factors. A general description of the contractual standards by which either the general contractor or the plant operator, if not the utility, must comply to mitigate operational risks of the facility including, but not limited to, low availability factors and higher than expected operation and maintenance costs. The general description should include a list of all contractual inspections the general contractor must meet before the utility takes ownership or lease of the facility and all remedies, financial and otherwise, available to the utility for noncompliance with the operating standards. If the utility leases the facility from its affiliate, the expectation is that the lease shall contain specific performance standards that the affiliate must meet to avoid financial consequences.

41.3(4) Noncost factors. The utility shall include in its application a comparison of the proposed facility with other feasible sources of supply related to the following noncost factors.

a. Economic impact to the state and community where the facility is proposed to be located including job creation, taxes, and use of Iowa resources.

b. Environmental impact to the state and community where the facility is proposed to be located.

c. Electric supply reliability and security in Iowa.

d. Fuel diversity and use of nontraditional supply sources such as alternate energy and conservation.

e. Efficiency and control technologies.

41.3(5) Proposed ratemaking principles. At a minimum, an application must include support, as required by this subrule, for each ratemaking principle requested. Proposedratemaking principles not envisioned by these rules shall be supported by sufficient evidence to justify their use in costing the facility for regulated retail rate recovery.

a. Cost of equity. The utility shall file financial models demonstrating that the proposed equity rate or range of equity rates is necessary to attract equity capital to the project. The financial analysis shall include a risk assessment of the proposed facility including a comparison with like facilities being built or developed in the Midwest region.

b. Capital structure. The utility shall file a peer group analysis of capital structures used for like facilities within the last two years.

c. Costs of debt and preferred securities. The utility shall file analysts’ forecasts of debt and preferred cost rates that include the scheduled completion date of the proposed facility.

d. Depreciable lives. Depreciable lives based on technical obsolescence shall be supported by studies projecting technological advancements in the generation of electricity that will hasten the end of the proposed facility’s economic life. Depreciable lives based on financial considerations shall be supported by a peer group analysis of depreciable lives used for like facilities within the last two years.

e. Normalization of state and federal taxes. The utility shall file a comparison of the revenue requirements for each year of the proposed facility’s expected life assuming the board’s traditional regulatory approach for treatment of tax timing differences and the proposed normalization.

f. Jurisdictional allocations. Proposals for principles allocating the cost or output of the proposed facility among jurisdictions, both federal and state, shall be supported by jurisdictional allocation studies.

g. Sharing the profits from opportunity sales. Proposals to share the profits from opportunity sales with utility shareholders shall be supported by a peer analysis of like sharing arrangements approved by other regulatory bodies. In addition, the utility shall identify all firm transactions for both retail and wholesale load associated with the proposed facility.

h. Current returns on construction work in progress. Proposals to include a current return on CWIP in regulated retail rates prior to the operation of the facility shall be supported by financial models calculating the difference in revenue requirements for each year from the time of application to the end of the facility’s expected life resulting from including a current return on CWIP versus traditional AFUDC accounting.

41.3(6) Consideration of other feasible long–term supply options including demand–side management. Utilities may satisfy the requirements of this subrule by conducting a competitive solicitation under 199 IAC 40. Utilities choosing this option shall file the report as required by 199—subrule 40.2(4) and the certification of the independent evaluator as required by 199—subrule 40.4(3). The solicitation conducted under 199 IAC 40 must involve sufficient bidders of like facilities to be used by the utility to demonstrate that the proposed facility or lease is reasonable when compared to other feasible alternative sources of supply. Utilities not choosing to conduct a competitive solicitation under 199 IAC 40 or utilities not attracting sufficient bidders in their solicitation, as determined by the board, shall file the following information as part of an application for ratemaking principles.

a. Proxy power purchase agreement. Based on the cost estimates provided under subrule 41.3(2) and the proposed ratemaking principles, the utility shall develop and file a proxy power purchase agreement for the proposed facility or lease including price, terms, and other conditions. The agreement shall be structured on an incremental cost basis, including an allocation of joint and common costs incurred for the project’s development. The filing shall detail the methodology used in allocating joint and common costs.

b. Comparison of proxy power purchase agreement with feasible sources of long–term supply. The utility shall provide a detailed comparison of the proxy power purchase agreement with other feasible sources of long–term supply including the following:

(1) Regional long–term purchased power market. The utility shall compare the proxy power purchase agreement with available supplies in the region’s long–term power market. Competitive solicitations for long–term supply that are conducted by the utility may be used in defining other supply options in the long–term purchased power market. Absent specific competitive solicitations, the utility shall submit evidence that it has surveyed potential suppliers of long–term electric supply on a formal basis and provide the price, terms, and conditions resulting from these surveys.

(2) Load management programs. The utility shall com–pare the proxy power purchase agreement with the cost of capacity and energy curtailment available from enhanced interruptible rate programs and direct load control. The utility shall submit evidence showing that it has reviewed the incentives available under its interruptible and direct load control programs and that such benefits are appropriate given the cost of available supply options.

(3) Energy efficiency. The utility shall compare the proxy power purchase agreement with the cost of capacity and energy savings available from current and envisioned energy efficiency programs.

(4) Nontraditional sources of supply. The utility shall compare the proxy power purchase agreement with the cost of nontraditional supply sources including alternate energy and cogeneration.

41.3(7) Energy efficiency plan. The utility shall demonstrate that it has in effect a board–approved energy efficiency plan, as required under Iowa Code section 476.6(19), by filing a comparison of its budgeted plan expenses and its actual expenses by program for its most recent review period.

41.3(8) Additional application requirements for leasing arrangements. The following additional information shall be filed when a utility is proposing an arrangement in which the utility leases a facility from a deregulated affiliate of the utility or from an independent third party.

a. Identification of the method used in selecting the affiliate or independent third party to build the facility (i.e., competitive solicitation, sole source, or another method).

b. A copy of the lease agreement.

c. A detailed description of the lease agreement including, but not limited to, the following:

(1) The commitment of capacity from the proposed facility to the utility under the lease agreement.

(2) A description of the final disposition of the leased facility at the end of the lease arrangement including any options available to the utility and the terms of those options.

(3) Identification of the party responsible for operating, dispatching, and maintaining the facility.

(4) Identification of the party responsible for the cost of capital improvements, renewals and replacements, environmental compliance, taxes, and all other future costs associated with the facility.

(5) Identification of the party responsible for contracting capacity from the proposed facility.

(6) Identification of the party benefiting from revenues received through contracted capacity and opportunity sales.

d. If the lessor is an affiliate of the utility, a detailed description of the affiliate including corporate structure and percent ownership of the affiliate by the utility.

e. If the lessor is an affiliate of the utility, identification of utility assets transferred to the affiliate for use by the proposed facility and the cost at which those assets were transferred.

f. If the lessor is an affiliate of the utility, identification of any financial benefits and cost savings, including any tax advantages, accruing to the utility from leasing an affiliate–owned facility versus building a facility itself.

199—41.4(476) Coincident filing. The utility shall have the option of filing its application for ratemaking principles, as required by this chapter, coincident with its application for generation plant certification under 199 IAC 24. Identical information required by both chapters need be included only once in a joint principles and certification application.

These rules are intended to implement Iowa Code section 476.1 and 2001 Iowa Acts, House File 577.

arc 0958b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed Emergency After Notice

Pursuant to the authority of Iowa Code section 234.6(4), the Department of Human Services hereby amends Chapter 65, “Administration,” appearing in the Iowa Administrative Code.

The Council on Human Services adopted these amendments September 11, 2001. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on July 25, 2001, as ARC 0827B.

These amendments make changes to food stamp policy to:

Ÿ Change the name of the Job Training Partnership Act (JTPA) to the Workforce Investment Act of 1998 (WIA).

Ÿ Update the rules on food stamp employment and training (FSET) and delete the names of counties in which the program will be offered. The Department shall offer food stamp employment and training components in counties having a monthly average of 500 or more mandatory work registrants. The Department shall offer components in additional counties subject to the availability of sufficient state and federal funding to cover program costs. At the present time the program is offered only in five counties.

Ÿ Revise participation allowances to a maximum of $50 and a minimum of $25. The amount needs to be flexible to avoid a deficit in the FSET program. This confers a benefit on the clients as current rules allow only a $25 allowance.

Ÿ Establish a permanent workfare program for able-bodied adults without dependents (ABAWDs) as required under federal regulations as of October 1, 2001. Without this change, 200 ABAWDs would not receive food stamps. Current rules would have ended the pilot program September 30, 2001.

Ÿ Rescind subrule 65.46(4) on fleeing felons and probation or parole violators and rule 441—65.49(234) on providing information to law enforcement officers because these policies are now contained in the federal regulations as amended.

These amendments do not provide for waivers because federal law does not allow waivers.

These amendments are identical to those published under Notice of Intended Action.

The Department finds that these amendments confer a benefit on food stamp recipients eligible for the food stamp employment and training program by increasing the participation allowances and increasing the number of counties in which the food stamp employment and training program is offered and on ABAWD recipients by ensuring their continued eligibility for the program. In addition, these amendments place Iowa in compliance with federal regulations governing the food stamp program, thereby ensuring continuation of the program. Therefore, these amendments are filed pursuant to Iowa Code section 17A.5(2)“b”(2).

These amendments are intended to implement Iowa Code section 234.12.

These amendments became effective October 1, 2001.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to Ch 65] is being omitted. These amendments are identical to those published under Notice as ARC 0827B, IAB 7/25/01.

[Filed Emergency After Notice 9/11/01, effective 10/1/01]
[Published 10/3/01]

[For replacement pages for IAC, see IAC Supplement 10/3/01.]

arc 0999b

PUBLIC HEALTH DEPARTMENT[641]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 139A.3, the Department of Public Health hereby amends Chapter 1, “Notification and Surveillance of Reportable Diseases,” Iowa Administrative Code.

The rules in Chapter 1 describe diseases and conditions that are reportable. This amendment is intended to initiate reporting of Aeromonas, Yersinia, Norwalk–like virus, and enterohemorrhagic Escherichia coli (non–O157:H7) by the University of Iowa Hygienic Laboratory for purposes of special study through the end of calendar year 2002 by adding such to the list of reportable diseases.

In compliance with Iowa Code section 17A.4(2), the Department finds that notice and public participation are impractical because of the immediate need to implement the reporting of these diseases for a special time–limited study.

The Department also finds, pursuant to Iowa Code section 17A.5(2)“b”(2), that the normal effective date of the amendment should be waived and this amendment should be made effective upon filing with the Administrative Rules Coordinator on September 14, 2001, as it confers a benefit by allowing for immediate studies of the above diseases in Iowa.

The State Board of Health adopted this amendment on September 12, 2001.

This amendment is also published herein under Notice of Intended Action as ARC 0997B to allow public comment. This emergency filing permits the Department to implement the special study.

This amendment is intended to implement Iowa Code section 139A.3.

This amendment became effective September 14, 2001.

The following amendment is adopted.

Amend subrule 1.3(1) as follows:

1.3(1) List of reportable diseases or conditions.

a. Specific infectious diseases.

(1) Common diseases:

†Acquired immune deficiency syndrome (AIDS) and AIDS–defining conditions

#Aeromonas

Campylobacteriosis

†Chlamydia

Cryptosporidiosis

Encephalitis, arboviral

~Enterococcus invasive disease

#Enterohemorrhagic Escherichia coli (non–O157:H7)

~Escherichia coli O157:H7 related diseases (includes HUS)

Giardiasis

†Gonorrhea

~Group A Streptococcus invasive disease

Hepatitis, types A, †B, C, D, and E

~*Haemophilus influenza type B invasive disease

†Human immunodeficiency virus (HIV) infection, including HIV–exposed newborn infant (i.e., newborn infant whose mother is infected with HIV)

Legionellosis

Lyme disease

*Measles (rubeola)

~*Meningococcal invasive disease

~Methicillin–resistant Staphylococcus aureus invasive disease

#Norwalk–like virus

Pertussis

Rabies (animal and *human)

~Salmonellosis (including Typhoid fever)

~Shigellosis

**Staphylococcus aureus invasive disease

~Streptococcus pneumoniae invasive disease

†Syphilis

Tuberculosis

#Yersinia

(2) Rare diseases:

Anthrax

*Botulism

Brucellosis

*Cholera

Cyclospora

*Diphtheria

Hansen’s disease (Leprosy)

Hantavirus syndromes

~Listeria monocytogenes invasive disease

Malaria

Mumps

*Plague

*Poliomyelitis

Psittacosis

Rocky Mountain spotted fever

Rubella (including congenital)

Tetanus

Toxic shock syndrome

Trichinosis

*Yellow fever

~*Vancomycin–resistant Staphylococcus aureus

*Outbreaks of any kind, unusual syndromes, or uncommon diseases

b. to i. No change.

__________

*Diseases that are noted with an asterisk should be reported IMMEDIATELY by telephone 1–800–362–2736.

**Numbers of staphylococcal isolates should be reported to the Department of Public Health on a quarterly basis.

~Isolates of organisms from diseases so noted should be sent to the University of Iowa Hygienic Laboratory.

†Sexually transmitted disease.

#Diseases that should be reported by the University of Iowa Hygienic Laboratory through the end of calendar year 2002 for purposes of special study.

[Filed Emergency 9/14/01, effective 9/14/01]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

arc 0977b

ARCHITECTURAL EXAMINING BOARD[193b]

Adopted and Filed

Pursuant to the authority of Iowa Code section 544A.29, the Architectural Examining Board hereby amends Chapter 1, “Description of Organization,” Chapter 3, “Continuing Education,” and Chapter 4, “Rules of Conduct”; rescinds Chapter 2, “Registration,” and adopts new Chapter 2 with the same title; rescinds Chapter 5, “Disciplinary Action,” and adopts new Chapter 5, “Exceptions”; rescinds Chapter 6, “Public Records and Fair Information Practices,” and adopts new Chapter 6, “Disciplinary Action Against Registrants”; rescinds Chapter 7, “Sales of Goods and Services,” and adopts new Chapter 7, “Disciplinary Action—Unlicensed Practice”; and rescinds Chapter 8, “Petition for Rule Making and for Declaratory Order,” and Chapter 9, “Waivers or Variances from Rules,” Iowa Administrative Code.

The amendments to Chapter 1 clarify procedures to be followed to renew a certificate of registration. Chapter 2 is rescinded and replaced with a new chapter with the same title that clearly outlines the requirements for registration. The amendments to Chapter 3 move the definitions that apply to continuing education from rule 193B—1.5(544A,17A) to Chapter 3. Amendments to Chapter 4 allow for the use of electronic seals and digital signatures on technical submissions.

Rescinded Chapters 5, 6, 7, 8, and 9 are chapters that contain rules that are identical or similar to rules outlined in each of the professions within the Professional Licensing and Regulation Division.

Chapter 5 outlines the exceptions allowed by law. Chapter 6 includes procedures for disciplinary action that can be imposed upon registrants, and Chapter 7 outlines procedures that can be taken against individuals for unlicensed practice.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 27, 2001, as ARC 0752B. No written or oral comments were received. There are no changes to the amendments published under Notice of Intended Action.

The Board adopted these amendments on September 11, 2001.

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

These amendments shall become effective November 7, 2001.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [1.4, 1.5; Ch 2; 3.1(1) to 3.1(7); 4.1(1) to 4.1(8), 4.2; Chs 5 to 7; rescind Chs 8, 9] is being omitted. These amendments are identical to those published under Notice as ARC 0752B, IAB 6/27/01.

[Filed 9/12/01, effective 11/7/01]
[Published 10/3/01]

[For replacement pages for IAC, see IAC Supplement 10/3/01.]

arc 0956b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 234.6 and 239B.4(4), the Department of Human Services hereby rescinds Chapter 49, “Transitional Child Care Assistance Program,” appearing in the Iowa Administrative Code.

The Council on Human Services adopted this amendment September 11, 2001. Notice of Intended Action regarding this amendment was published in the Iowa Administrative Bulletin on July 11, 2001, as ARC 0807B.

The Transitional Child Care Assistance Program was implemented effective April 1, 1990, to extend child care eligibility to Family Investment Program (at that time, Aid to Dependent Children) recipients who lost their FIP (ADC) eligibility due to an increase in earned income or due to the loss of the $30 or the $30 plus one–third earned income disregards. The Seventy–seventh General Assembly repealed 1997 Iowa Code Supplement section 239B.23 that implemented the Transitional Child Care Assistance Program in 1998 Iowa Acts, chapter 1218, section 82. The Seventy–eighth General Assembly, in 1999 Iowa Acts, chapter 192, section 36, directed the Department to continue transitional child care eligibility for persons receiving transitional child care as of July 1, 1999. No new applications were to be taken or approved after June 30, 1999.

Elimination of the Transitional Child Care Assistance Program was one of a number of changes to state requirements for publicly funded child day care benefits intended to establish a seamless child day care system.

This amendment rescinds the Transitional Child Care Assistance Program as the two–year period of eligibility for those persons who were receiving Transitional Child Care Assistance as of July 1, 1999, has now expired.

This amendment does not provide for waivers in specified situations because the program is being eliminated at the direction of the legislature.

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

This amendment is intended to implement Iowa Code section 234.6.

This amendment shall become effective December 1, 2001.

The following amendment is adopted.

Rescind and reserve 441—Chapter 49.

[Filed 9/11/01, effective 12/1/01]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

arc 0957b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services hereby amends Chapter 65, “Administration,” appearing in the Iowa Administrative Code.

This amendment provides that retrospectively budgeted food stamp households who have retrospective income that exceeds food stamp gross or net income limits for only one month will have their food stamp benefits suspended. This amendment does not apply to households who do not have to meet income limits. One–, two–, and some three–member households currently receive food stamp benefits even though their retrospective income is over gross or net income limits. These households will now be suspended for one month and will not receive any benefits.

This change is required by federal regulation. The United States Department of Agriculture (USDA) notified Iowa that Iowa is out of compliance with regulation requirements for suspension. Iowa previously had a federally approved waiver for suspension, but USDA rescinded the waiver.

This amendment does not provide for waiver in specified situations because federal food stamp law does not allow for any waivers.

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 April 1, 2002.

The following amendment is adopted.

Amend rule 441—65.1(234), definition of “suspension,” as follows:

“Suspension” means a month in which a benefit issuance is not made due to retrospective gross or net income ~~which~~ that exceeds program limits, when eligibility for benefit issuance is expected to exist for the following month.

[Filed 9/11/01, effective 4/1/02]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

arc 0959b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends Chapter 75, “Conditions of Eligibility,” appearing in the Iowa Administrative Code.

This amendment implements a new Medicaid coverage group for women who have been screened for breast or cervical cancer under the Centers for Disease Control and Prevention Breast and Cervical Cancer Early Detection Program established under Title XV of the Public Health Service Act and have been found to need treatment for either breast or cervical cancer (including a precancerous condition) if the women do not have creditable health insurance coverage.

Women aged 50 to 64 with incomes under 250 percent of the federal poverty level who are without health insurance to pay for breast and cervical cancer screenings have been able to obtain free screenings since Congress passed the Breast and Cervical Cancer Mortality Prevention Act in 1990. However, those women whose screenings were positive for the disease have had to struggle to fund and pay for treatment. Full Medicaid covered services shall be available under this new optional coverage group as long as treatment is being received for breast or cervical cancer.

A woman having creditable coverage under the Health Insurance Portability and Accountability Act (HIPAA) would have coverage under any of the following:

Ÿ A group health care plan.

Ÿ Health insurance coverage—benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer.

Ÿ Medicare.

Ÿ Medicaid.

Ÿ Armed forces insurance.

Ÿ A medical care program of the Indian Health Service or of a tribal organization.

Ÿ A state health risk pool.

This amendment also includes provisions for presumptive eligibility determination to allow access to treatment before a formal Medicaid eligibility determination can be completed.

This amendment does not provide for waivers because it confers a benefit and was mandated by the Seventy–ninth General Assembly.

This amendment was previously Adopted and Filed Emergency and published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0772B. Notice of Intended Action to solicit comments on that submission was published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0771B.

The following revision was made to the Notice of Intended Action: Subrule 75.1(40), paragraph “c,” subparagraph (2), was revised to correct a form number.

The Council on Human Services adopted this amendment September 11, 2001.

This amendment is intended to implement Iowa Code section 249A.3(2) as amended by 2001 Iowa Acts, Senate File 537, section 9.

This amendment shall become effective December 1, 2001, at which time the Adopted and Filed Emergency amendment is hereby rescinded.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of this amendment [75.1(40)] is being omitted. With the exception of the change noted above, this amendment is identi–

cal to that published under Notice as ARC 0771B and Adopted and Filed Emergency as ARC 0772B, IAB 7/11/01.

[Filed 9/11/01, effective 12/1/01]
[Published 10/3/01]

[For replacement pages for IAC, see IAC Supplement 10/3/01.]

arc 0960b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends Chapter 75, “Conditions of Eligibility,” appearing in the Iowa Administrative Code.

These amendments revise the statewide average cost to a private pay person for nursing facility services in Iowa, revise the average charges for nursing facility care, hospital–based skilled nursing care, non–hospital–based skilled nursing care, mental health institute (MHI) care, and psychiatric medical institution for children (PMIC) care, and state the maximum Medicaid rate for intermediate care facility for the mentally retarded (ICF/MR) care. The statewide average cost is used to determine the period of ineligibility when an applicant or recipient has transferred assets for less than fair market value. The statewide average charge (or maximum Medicaid rate) is used to determine whether a person who has established a medical assistance income trust qualifies for Medicaid.

A person who transfers assets for less than fair market value in order to become eligible for Medicaid becomes ineligible for Medicaid for nursing facility services or home– and community–based waiver services for a period of time determined by dividing the uncompensated value of the transferred assets by the statewide average cost for nursing facility services to a private pay person.

Any person is allowed to establish a medical assistance income trust under Iowa Code section 633.709. For persons whose income exceeds 300 percent of the Supplemental Security Income (SSI) benefit for one person (currently $1,590) but whose income is below the statewide average charge (or the maximum Medicaid reimbursement rate in the case of intermediate care facilities for the mentally retarded) for nursing facility services or for a higher level of care if the person so requires, a medical assistance income trust may be used to establish Medicaid eligibility.

In the past the rules required that an average of the maximum Medicaid reimbursement rates for the two state–owned intermediate care facilities for the mentally retarded and the community–based intermediate care facilities for the mentally retarded be used. These rule changes allow the maximum Medicaid reimbursement rate for care at any ICF/MR, as required by Iowa Code section 633.709(3)“a.”

The average charges and maximum Medicaid reimbursement rate are relevant to disposition of income and principal in a medical assistance income (Miller–type) trust, which affects the Medicaid eligibility of individuals with Miller Trusts.

The Department alternates the updating of the statewide average cost for nursing facility services and the statewide average charge for nursing facilities and for hospital– and non–hospital–based skilled nursing facilities by conducting an annual survey one year and applying actual and projected increases the next year. An actual survey was done in 2000. This year the average cost of nursing facility services and charges for nursing facility care, hospital–based skilled nursing care, and non–hospital–based skilled nursing care are based on the Health Care Financing Administration Skilled Nursing Facility (HCFA/SNF) Total Market Basket Index annual inflation factor ending June 30, 2002, which projects an increase of 3.1 percent. The average charges for PMIC care are based on Medicaid rates because Medicaid is the primary payer of these services. The Department provided the average charge for care in an MHI and the maximum Medicaid reimbursement rate for ICF/MR care based on rule 441— 82.5(249A).

On this basis, the average private pay cost for nursing facility services increased from $2,933 per month to $3,024. The average charge to a private pay resident for nursing facility care increased from $2,758 per month to $2,844. The average charge for hospital–based skilled care increased from $9,836 per month to $10,141. The average charge for non–hospital–based skilled care increased from $4,523 per month to $4,663 per month. The maximum Medicaid reimbursement rate for ICF/MR care is $10,365 per month (the previously used average of the maximums for state–owned and community–based facilities was $8,510). The average charge for PMIC care increased from $4,359 to $4,477 per month. The average statewide charge to a resident of an MHI decreased from $9,962 to $9,646 per month.

These amendments do not provide for waivers in specified situations because the increases confer a benefit and everyone should be subject to the same amounts set by these amendments. Individuals may request a waiver under the Department’s general rule on exceptions at 441— 1.8(17A,217).

These amendments were previously Adopted and Filed Emergency and published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0775B. Notice of Intended Action to solicit comments on that submission was published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0774B.

These amendments are identical to those published under Notice of Intended Action.

The Council on Human Services adopted these amendments September 11, 2001.

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

These amendments shall become effective December 1, 2001, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

The following amendments are adopted.

ITEM 1. Amend subrule 75.23(3) as follows:

75.23(3) Period of ineligibility. The number of months of ineligibility shall be equal to the total cumulative uncompensated value of all assets transferred by the individual (or the individual’s spouse) on or after the look–back date specified in 75.23(2), divided by the statewide average private pay rate for nursing facility services at the time of application. The average statewide cost to a private pay resident shall be determined by the department and updated annually for nursing facilities. For the period from July 1, ~~2000~~ 2001, through June 30, ~~2001~~ 2002, this average statewide cost shall be ~~$2,933~~ $3,024 per month or ~~$96.43~~ $99.42 per day.

ITEM 2. Amend subrule 75.24(3), paragraph “b,” as follows:

b. A trust established for the benefit of an individual if the trust is composed only of pension, social security, and other income to the individual (and accumulated income of the trust), and the state will receive all amounts remaining in the trust upon the death of the individual up to the amount equal to the total medical assistance paid on behalf of the individual.

For disposition of trust amounts pursuant to Iowa Code sections 633.707 to 633.711, the average statewide charges and Medicaid rates for the period from July 1, ~~2000~~ 2001, to June 30, ~~2001~~ 2002, shall be as follows:

(1) The average statewide charge to a private pay resident of a nursing facility is ~~$2,758~~ $2,844 per month.

(2) The average statewide charge to a private pay resident of a hospital–based skilled nursing facility is ~~$9,836~~ $10,141 per month.

(3) The average statewide charge to a private pay resident of a non–hospital–based skilled nursing facility is ~~$4,523~~ $4,663 per month.

(4) The ~~average~~ maximum statewide Medicaid rate for a resident of an intermediate care facility for the mentally retarded is ~~$8,510~~ $10,365 per month.

(5) The average statewide charge to a resident of a mental health institute is ~~$9,962~~ $9,646 per month.

(6) The average statewide charge to a private pay resident of a psychiatric medical institution for children is ~~$4,359~~ $4,477 per month.

(7) No change.

[Filed 9/11/01, effective 12/1/01]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

arc 0963b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 249A.4 and 2001 Iowa Acts, House File 732, section 31, subsection 1, paragraphs “b,” “c,” “e,” “g,” “h,” “j,” and “k,” and subsections 8 and 10, and section 49, the Department of Human Services hereby amends Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” appearing in the Iowa Administrative Code.

These amendments implement changes to Medicaid provider reimbursement as mandated by the Seventy–ninth General Assembly. Specifically, these amendments:

Ÿ Reimburse pharmacy dispensing fees using a single rate of $5.17 per prescription or the pharmacist’s usual and customary fee, whichever is lower. This aligns the dispensing fees for both Maximum–Allowable–Cost–established and nonestablished drugs.

Ÿ Implement a 3 percent reduction in reimbursement rates from the rates in effect on June 30, 2001, for the following noninstitutional providers: ambulance; ambulatory surgical centers; audiologists; birth centers; certified registered nurse anesthetists; chiropractors; community mental health centers; dentists; durable medical equipment, prosthetic devices and medical supply dealers; family or pediatric nurse practitioners; family planning clinics; hearing aid dealers; home health agencies; hospitals (inpatient and outpatient); lead inspection agencies; maternal health centers; nurse–midwives; opticians; optometrists; orthopedic shoe dealers; physical therapists; physicians; podiatrists; psychiatric medical institutions for children (outpatient day treatment); psychologists; rehabilitation agencies; and screening centers.

Ÿ Calculate the reimbursement rates for intermediate care facilities for persons with mental retardation at the 80th percentile as calculated from the December 31, 2000, cost reports.

In addition, these amendments add a prospective payment or alternative reimbursement methodology option for federally qualified health centers and rural health clinics. This change is mandated by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000.

These amendments do not provide for waivers to the reimbursement rates because all providers of the same category should be reimbursed on the same basis as mandated by the General Assembly.

These amendments were previously Adopted and Filed Emergency and published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0782B. Notice of Intended Action to solicit comments on that submission was published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0781B.

The following revisions were made to the Notice of Intended Action:

Subrule 79.1(2) was revised to remove the 3 percent reduction in reimbursement rates for case management providers and rehabilitation services for adults with a chronic mental illness providers. These revisions will be implemented retroactive to July 1, 2001.

The Council on Human Services adopted these amendments September 11, 2001.

These amendments are intended to implement Iowa Code section 249A.4 and 2001 Iowa Acts, House File 732, section 31, subsection 1, paragraphs “b,” “c,” “e,” “g,” “h,” “j,” and “k,” and subsections 8 and 10.

These amendments shall become effective December 1, 2001, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

The following amendments are adopted.

ITEM 1. Amend subrule 79.1(1), paragraph “d,” as follows:

d. *Monthly fee for service with cost settlement. Providers are reimbursed on the basis of a payment for a month’s provision of service for each client enrolled in a case management program for any portion of the month based on reasonable and proper costs for service provision. The fee will be determined by the department with advice and consultation from the appropriate professional group and will reflect the amount of resources involved in services provision.

Providers are reimbursed throughout each fiscal year on the basis of a projected monthly rate for each participating provider, based on reasonable and proper costs of operation, pursuant to federally accepted reimbursement principles (generally Medicare or OMB A–87 principles) with annual retrospective cost settlement based on submission of actual costs of operation and service utilization data by the provider on financial and statistical reports. The cost settlement represents the difference between the amount received by the provider during the year for covered services and the amount supported by the actual costs of doing business, determined in accordance with an accepted method of cost apportionment.

ITEM 2. Amend subrule 79.1(2), basis of reimbursement provider categories “Ambulance”; “Ambulatory surgical centers”; “Audiologists”; “Birth centers”; “Case management providers”; “Certified registered nurse anesthetists”; “Chiropractors”; “Community mental health centers”; “Dentists”; “Durable medical equipment, prosthetic devices and medical supply dealers”; “Family or pediatric nurse practitioners”; “Family planning clinics”; “Federally qualified health centers”; “Hearing aid dealers”; “Home health agencies”; “Hospitals (Inpatient)”; “Hospitals (Outpatient)”; “Intermediate care facilities for the mentally retarded”; “Lead inspection agency”; “Maternal health centers”; “Nurse–midwives”; “Opticians”; “Optometrists”; “Orthopedic shoe dealers”; “Physical therapists”; “Physicians”; “Podiatrists”; “Prescribed drugs”; “Psychiatric medical institutions for children (Outpatient day treatment)”; “Psychologists”; “Rehabilitation agencies”; “Rehabilitative treatment services”; “Rural health clinics”; and “Screening centers,” as follows:

Provider category	Basis of reimbursement	Upper limit
Ambulance	Fee schedule	Ground ambulance: Fee schedule in effect ~~6/30/00 plus 0.7%~~ 6/30/01 less 3%. Air ambulance: A base rate of ~~$209.54~~ $203.25 plus ~~$7.85~~ $7.61 per mile for each mile the patient is carried.
Ambulatory surgical centers	Base rate fee schedule as determined by Medicare. See 79.1(3)	~~Rate determined by Medicare~~ Fee schedule in effect 6/30/01 less 3%
Audiologists	Fee schedule	~~Rate in effect on 1/1/00 under the fee schedule established for Iowa under the federal Medicare program, incorporating the resource–based relative value scale (RBRVS) methodology~~ Fee schedule in effect 6/30/01 less 3%
Birth centers	Fee schedule	Fee schedule in effect ~~6/30/00 plus 0.7%~~ 6/30/01 less 3%
Case management providers	~~Retrospective cost–related~~ Monthly fee for service with cost settlement	Retrospective cost–settled rate
Certified registered nurse anesthetists	Fee schedule	Fee schedule in effect ~~6/30/00 plus 0.7%~~ 6/30/01 less 3%
Chiropractors	Fee schedule	~~Rate in effect on 1/1/00 under the fee schedule established for Iowa under the federal Medicare program, incorporating the resource–based relative value scale (RBRVS) methodology~~ Fee schedule in effect 6/30/01 less 3%
Community mental health centers	Fee schedule	Reimbursement rate for center in effect ~~6/30/00 plus 17.33%~~ 6/30/01 less 3%
Dentists	Fee schedule	~~75% of usual and customary rate~~ Fee schedule in effect 6/30/01 less 3%
Durable medical equipment, prosthetic devices and medical supply dealers	Fee schedule. See 79.1(4)	Fee schedule in effect ~~6/30/00 plus 0.7%~~ 6/30/01 less 3%
Family or pediatric nurse ~~practitioner~~ practitioners	Fee schedule	~~Rate in effect on 1/1/00 under the fee schedule established for Iowa under the federal Medicare program, incorporating the resource–based relative value scale (RBRVS) methodology~~ Fee schedule in effect 6/30/01 less 3%
Family planning clinics	Fee schedule	Fees in effect ~~6/30/00 plus 0.7%~~ 6/30/01 less 3%
Federally qualified health centers (FQHC)	Retrospective cost–related See 441—88.14(249A)	1. Prospective payment rate as required by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA 2000) or an alternative methodology allowed thereunder, as specified in “2” below. 1 2. 100% of reasonable cost as determined by Medicare cost reimbursement principles. 2 3. In the case of services provided pursuant to a contract between an FQHC and a managed care organization (MCO), reimbursement from the MCO shall be supplemented to achieve “1” or “2” above.
Hearing aid ~~dealers~~ dispensers	Fee schedule plus product acquisition cost	Fee schedule in effect ~~6/30/00 plus 0.7%~~ 6/30/01 less 3%
Home health agencies
(Encounter services– intermittent services)	Retrospective cost–related	~~Maximum Medicare rate~~ Rate in effect 6/30/01 less 3%
(Private duty nursing or personal care and VFC vaccine administration for persons aged 20 and under)	Interim fee schedule with retrospective cost settling based on ~~Medicare~~ Medicaid methodology	~~Retrospective cost settling according to Medicare~~ ~~methodology~~ Rate in effect 6/30/01 less 3%
Hospitals (Inpatient)	Prospective reimbursement. See 79.1(5)	Reimbursement rate in effect ~~6/30/00~~ 6/30/01 ~~increased by~~ less 3%
Hospitals (Outpatient)	Prospective reimbursement for providers listed at 441— paragraphs 78.31(1)“a” to “f.” See 79.1(16)	Ambulatory patient group rate (plus an evaluation rate) and assessment payment rate in effect on ~~6/30/00~~ 6/30/01 ~~increased by~~ less 3%
	Fee schedule for providers listed at 441—paragraphs 78.31(1)“g” to “n.” See 79.1(16)	Rates in effect on ~~6/30/00~~ 6/30/01 ~~increased by~~ less 3%
Intermediate care facilities for the mentally retarded	Prospective reimbursement. See 441—82.5(249A)	Eightieth percentile of facility costs as calculated from ~~12/31/99~~ 12/31/00 cost reports
Lead inspection agency	Fee schedule	Fee schedule in effect ~~6/30/00 plus 0.7%~~ 6/30/01 less 3%
Maternal health centers	Reasonable cost per procedure on a prospective basis as determined by the department based on financial and statistical data submitted annually by the provider group	Fee schedule in effect ~~6/30/00 plus 0.7%~~ 6/30/01 less 3%
Nurse–midwives	Fee schedule	~~Rate in effect on 1/1/00 under the fee schedule established for Iowa under the federal Medicare program, incorporating the resource–based relative value scale (RBRVS) methodology~~ Fee schedule in effect 6/30/01 less 3%
Opticians	Fee schedule. Fixed fee for lenses and frames; other optical materials at product acquisition cost	~~Reimbursement rate for provider in effect 6/30/00 plus 0.7%~~ Fee schedule in effect 6/30/01 less 3%
Optometrists	Fee schedule. Fixed fee for lenses and frames; other optical materials at product acquisition cost	~~Rate in effect on 1/1/00 under the fee schedule established for Iowa under the federal Medicare program, incorporating the resource–based relative value scale (RBRVS) methodology~~ Fee schedule in effect 6/30/01 less 3%
Orthopedic shoe dealers	Fee schedule	~~Reimbursement rate for provider in effect 6/30/00~~ ~~plus 0.7%~~ Fee schedule in effect 6/30/01 less 3%
Physical therapists	Fee schedule	~~Rate in effect on 1/1/00 under the fee schedule established for Iowa under the federal Medicare program, incorporating the resource–based relative value scale (RBRVS)~~ ~~methodology~~ Fee schedule in effect 6/30/01 less 3%
Physicians (doctors of medicine or osteopathy)	Fee schedule. See 79.1(7)	Rate in effect on 1/1/00 under the fee schedule established for Iowa under the federal Medicare program, incorporating the resource–based relative value scale (RBRVS) methodology, excluding anesthesia services. Anesthesia services will be reimbursed at the Iowa Medicaid fee schedule in effect 6/30/00 plus 0.7%. Fee schedule in effect 6/30/01 less 3%
Podiatrists	Fee schedule	~~Rate in effect on 1/1/00 under the fee schedule established for Iowa under the federal Medicare program, incorporating the resource–based relative value scale (RBRVS) methodology~~ Fee schedule in effect 6/30/01 less 3%
Prescribed drugs	See 79.1(8)	~~$4.13 or $6.42~~ $5.17 dispensing fee (See 79.1(8)“a” and “e”)
Psychiatric medical institutions for children
(Outpatient day treatment)	Fee schedule	Fee schedule in effect ~~6/30/00 plus 0.7%~~ 6/30/01 less 3%
Psychologists	Fee schedule	~~Rate in effect on 1/1/00 under the fee schedule established for Iowa under the federal Medicare program, incorporating the resource–based relative value scale (RBRVS) methodology~~ Fee schedule in effect 6/30/01 less 3%
Rehabilitation agencies	Retrospective cost–related	~~Reimbursement rate for agency in effect 6/30/00 plus 0.7%~~ Fee schedule in effect 6/30/01 less 3%
Rehabilitative treatment services	Reasonable and necessary costs per unit of service based on data included on the Rehabilitative Treatment and Supportive Services Financial and Statistical Report, Form 470–3049. See 441—185.101(234) to ~~441—185.107(234)~~ 441— 185.112(234). A provider who is an individual may choose between the fee schedule in effect November 1, 1993 (See 441—subrule 185.103(7)) and reasonable and necessary costs.	~~No cap~~ Rate in effect on 6/30/01
Rural health clinics (RHC)	Retrospective cost–relatedSee 441—88.14(249A)	1. Prospective payment rate as required by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA 2000) or an alternative methodology allowed thereunder, as specified in “2” below. 1 2. 100% of reasonable cost as determined by Medicare cost reimbursement principles. 2 3. In the case of services provided pursuant to a contract between an RHC and a managed care organization (MCO), reimbursement from the MCO shall be supplemented to achieve “1” or “2” above.
Screening centers	Fee schedule	Reimbursement rate for center in effect ~~6/30/00 plus 0.7%~~ 6/30/01 less 3%

ITEM 3. Amend subrule 79.1(8), paragraph “a,” second and third unnumbered paragraphs, as follows:

The basis of payment for prescribed drugs for which the MAC has been established shall be the lesser of the MAC plus a professional dispensing fee of ~~$4.13~~ $5.17 or the pharmacist’s usual and customary charge to the general public.

The basis of payment for drugs for which the MAC has not been established shall be the lesser of the EAC plus a professional dispensing fee of ~~$6.42~~ $5.17 or the pharmacist’s usual and customary charge to the general public.

[Filed 9/11/01, effective 12/1/01]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

arc 0964b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends Chapter 83, “Medicaid Waiver Services,” appearing in the Iowa Administrative Code.

As mandated by the Seventy–ninth General Assembly, these amendments revise the provisions of the home– and community–based waiver for persons with a brain injury by removing the eligibility requirement that the person must have been a resident of a medical institution for at least 30 days at the time of initial application.

In addition, these amendments also clarify the responsibility of the county of legal settlement for payment and eliminate the requirement that a county payment slot be available. The General Assembly mandated that the state shall pay the nonfederal share of the costs of an eligible person’s services under the waiver unless a county has paid or is paying for the nonfederal share of the cost of the person’s waiver services or ICF/MR placement or unless the county would become liable for the costs of services at the ICF/MR level of care due to the person’s reaching the age of majority. This mandate clarifies when the county is responsible for payment, and the rule on county responsibility is revised accordingly. The federal Health Care Financing Administration (HCFA) has also clarified that counties cannot limit the eligibility for the BI waiver of people for whom counties have financial responsibility by limiting county payment slots.

Pursuant to the clarification of county responsibility and the federal direction, the requirement that there be county payment slots for adults with legal settlement in a county and the county option to provide no payment slots is eliminated.

These amendments do not provide for waivers because they are mandated by the General Assembly and HCFA with no provision for exceptions, and they confer a benefit on persons applying for the brain injury waiver by removing a restrictive eligibility requirement.

These amendments were previously Adopted and Filed Emergency and published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0784B. Notice of Intended Action to solicit comments on that submission was published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0783B.

These amendments are identical to those published under Notice of Intended Action.

The Council on Human Services adopted these amendments September 11, 2001.

These amendments are intended to implement Iowa Code section 249A.4 and 2001 Iowa Acts, House File 732, section 7, subsection 3, paragraph “e.”

These amendments shall become effective December 1, 2001, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [83.82(1), 83.82(3), 83.82(4), 83.90] is being omitted. These amendments are identical to those published under Notice as ARC 0783B and Adopted and Filed Emergency as ARC 0784B, IAB 7/11/01.

[Filed 9/11/01, effective 12/1/01]
[Published 10/3/01]

[For replacement pages for IAC, see IAC Supplement 10/3/01.]

arc 0965b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends Chapter 88, “Managed Health Care Providers,” appearing in the Iowa Administrative Code.

These amendments make the following revisions to policy governing managed health care providers:

Ÿ A requirement is added that Health Maintenance Organizations (HMOs) contracting with the Department to provide services to enrolled Medicaid recipients must be accredited by the National Committee on Quality Assurance (NCQA) or the Joint Commission on Accreditation of Healthcare Organizations (JCAHO).

This change will ensure that all contracting HMOs will have to meet standards for quality improvement and assurance that are consistent across HMOs by July 1, 2002. Consistent and coordinated services should improve the quality of services being provided. This change will have no effect on the benefit package for Medicaid recipients, the enrollment process or the scope of services required to be covered.

Ÿ The default assignment when a recipient failsto choose a managed care entity is modified to include the MediPASS option. This change is required by the Balanced Budget Act of 1997 in order for the managed health care program to operate without an ongoing waiver of federal freedom of choice requirements. Operating the managed health care program without a waiver allows greater flexibility in the management and operations of the managed care program and saves staff time spent to develop and submit the waiver request every two years. Recipients who are assigned to a managed care entity have at least ten days in which to request enrollment in a different available entity.

Ÿ Native American Indians, Alaskan natives, and recipients who are receiving services from a Title V provider are excluded from participating in the managed care programs. This change is also required by the Balanced Budget Act of 1997 in order for the managed health care program to operate without an ongoing waiver of federal freedom of choice requirements.

Ÿ A provision requiring that a federal waiver be approved prior to implementation of mandatory enrollment is removed as obsolete.

Ÿ The time an HMO on–call physician has to respond to each call that requires a medical decision is changed from 60 to 30 minutes. The Prepaid Health Program (PHP) already uses the 30–minute standard. The Managed Health Care Advisory Committee of Physicians has approved the 30–minute standard.

Ÿ An expansion incentive enhanced capitation payment based on the counties in a region included in the HMO’s enrollment area is deleted as this incentive payment has never been used and is now an obsolete concept.

Ÿ Various outdated references and typographical errors identified in the Department’s rules review process are corrected.

These amendments do not provide for waivers in specified situations because all contracting HMOs should be required to be accredited and the default assignment and exclusion of Native American Indians, Alaskan natives, and recipients who are receiving services from a Title V provider are required by the Balanced Budget Act. The default assignment affects only those who fail to exercise a choice of managed care providers.

These amendments are identical to those published under Notice of Intended Action.

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

These amendments shall become effective December 1, 2001.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to Ch 88] is being omitted. These amendments are identical to those published under Notice as ARC 0809B, IAB 7/11/01.

[Filed 9/11/01, effective 12/1/01]
[Published 10/3/01]

[For replacement pages for IAC, see IAC Supplement 10/3/01.]

arc 0966b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 239B.4(4) and 2001 Iowa Acts, House File 732, section 3, subsections 9 and 10, and section 49, the Department of Human Services hereby amends Chapter 93, “PROMISE JOBS Program,” appearing in the Iowa Administrative Code.

These amendments increase the mileage rate reimbursement for required PROMISE JOBS activities from $.16per mile to $.21 per mile and extend the time limit on PROMISE JOBS funding for approvable postsecondary classroom training from 24 months within a 36–consecutive–month period of time to 24 months of funding within a 48– consecutive–month period of time as mandated by theSeventy–ninth General Assembly.

These amendments do not provide for waivers because they confer a benefit and were mandated by the Seventy–ninth General Assembly.

These amendments were previously Adopted and Filed Emergency and published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0786B. Notice of Intended Action to solicit comments on that submission was published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0785B.

These amendments are identical to those published under Notice of Intended Action.

The Council on Human Services adopted these amendments September 11, 2001.

These amendments are intended to implement Iowa Code section 239B.8 as amended by 2001 Iowa Acts, Senate File 198, section 1, and sections 239B.17 to 239B.19 and 2001 Iowa Acts, House File 732, section 3, subsections 9 and 10.

These amendments shall become effective December 1, 2001, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

The following amendments are adopted.

ITEM 1. Amend subrule 93.110(6), paragraph “b,” as follows:

b. For participants who use a motor vehicle they operate themselves or who hire private transportation, the transportation allowance shall be based on a formula which uses the normally scheduled days of participation in the PROMISE JOBS activity for the period covered by the allowance times the participant’s anticipated daily round–trip miles times the mileage rate of ~~$.16~~ $.21 per mile.

ITEM 2. Amend subrule 93.114(15), introductory paragraph and paragraph “b,” as follows:

93.114(15) Maximum limit on PROMISE JOBS funding. Notwithstanding subrules 93.114(1) through 93.114(14), any participant who develops one or more FIAs on or after July 1, 1996, that include approvable postsecondary vocational classroom training shall be eligible for consideration for PROMISE JOBS expenses allowable under these rules for no more than 24 months within a 36 48–consecutive–month period. Except for this funding limit, all other policies at subrules 93.114(1) to 93.114(14) apply, including the established time frames described in 93.114(3) and 93.114(14)“g,” for including postsecondary vocational classroom training in the FIA, without requiring other FIA activities.

b. The period of 36 48 consecutive months begins with the first month that the participant is eligible for consideration for PROMISE JOBS expense allowances. It is not altered by breaks in FIP assistance or breaks from the postsecondary vocational classroom training activity.

[Filed 9/11/01, effective 12/1/01]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

arc 0967b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 237A.12, the Department of Human Services hereby amends Chapter 110, “Family and Group Child Care Homes,” appearing in the Iowa Administrative Code.

These amendments revise policy governing joint registered group child care homes and policy governing four–level child care home pilots to agree with changes made by the Seventy–ninth General Assembly in 2001 Iowa Acts, Senate File 458, sections 3 and 4.

Current policy governing joint registered group child care homes provides that these homes shall only care for 10 children between the ages of 24 months and school age. These amendments provide that joint registered group child care homes may now care for 11 children between the ages of 24 months and school age. The limit of four infants, who are now included in the total of 11 children, remains unchanged. “School” is defined as kindergarten or a higher grade level. Policy governing group child care homes that are not joint registered also remains unchanged. Those homes may only care for 6 children under school age.

Current policy provides that the pilot project for four–level registration shall be implemented in a maximum of two counties per Department region. These amendments provide that the Department may implement the pilot project in any county where there is an interest in implementing the pilot. A two–year transition period is provided for counties new to the pilot.

These amendments do not provide for waivers in specified situations because the changes are necessary to reflect the direction given by the General Assembly. Individuals may request a waiver of child care licensing requirements under the Department’s general rule on exceptions at rule 441—1.8(17A,217).

These amendments are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code sections 237A.3(2)“b” and 237A.3A(1) as amended by 2001 Iowa Acts, Senate File 458, sections 3 and 4.

These amendments shall become effective December 1, 2001.

The following amendments are adopted.

ITEM 1. Amend rule 441—110.1(237A) as follows:

Amend the definition of “group child care home–joint registration,” introductory paragraph, as follows:

“Group child care home–joint registration” means a program ~~which~~ that provides child care for more than 6 but less than 12 children, of whom no more than 4 children present may be less than 24 months of age, and not more than 10 children present shall be 24 months of age or older but not attending school in kindergarten or a higher grade level. The combined total number of these two categories of children shall not exceed 11. In a joint registration group child care home, the joint holder of the certificate of registration must be an adult, and must meet the same requirements as those listed for the provider. In addition to the above numbers, a joint registration group child care home may provide care for more than 11 but less than 16 children for a period of less than two hours at any time, and more than two hours when the inclement weather exception conditions are met.

Adopt the following new definition in alphabetical order:

“School” means kindergarten or a higher grade level.

ITEM 2. Amend subrule 110.5(5), paragraph “d,” as follows:

d. The total number of children not attending kindergarten or a higher grade level, including the provider’s own infants and children not attending ~~kindergarten or a higher grade level,~~ school in a joint registration group child care home at any one time, shall never exceed 11. The ~~providers~~ provider may care for up to 4 additional children attending ~~kindergarten or a higher grade level~~ school, not including the provider’s own school–age children, for less than two hours at any one time. If there are more than 6 children present for a period of two hours or more, the joint registration group child care home must have the second adult of the joint registration present. There shall never be more than 4 children less than 24 months of age present, there shall never be more than 10 children present who are 24 months of age or older but not attending school in kindergarten or a higher grade level, and the total of these two groups of children shall never exceed 11.

ITEM 3. Amend 441—Chapter 110, Division II, Four–Level Child Care Home Registration, Preamble, as follows:

The purpose of this division is to establish a pilot project for a four–level approach to child care home registration as mandated by the general assembly in Iowa Code section 237A.3A as amended by ~~1999 Iowa Acts, chapter 192, section 4~~ 2001 Iowa Acts, Senate File 458, section 4. ~~The pilot project shall include a maximum of two counties in each department region where there is interest.~~ The department may implement the pilot project in counties where there is an interest in implementing the pilot project. The provisions of this division do not apply to unregistered family child care homes located in those counties. ~~A report shall be submitted to the general assembly in January 2000 regarding the feasibility of implementing the pilot project statewide.~~

ITEM 4. Amend rule 441—110.35(237A), introductory paragraph, as follows:

441—110.35(237A) Transition exception. The exception provisions of this rule are applicable to child care homes ~~in Scott and Delaware counties~~ registering under Iowa Code section 237A.3A during a two–year transition period ~~beginning April 20, 1998, and ending April 19, 2000~~ from the date the county in which the home is located began the pilot. ~~The transition period for other pilot counties selected shall be a period from July 1, 1999, to January 1, 2002.~~ During the tran–

sition period, the following provisions shall apply, notwithstanding the previous specific rules:

[Filed 9/11/01, effective 12/1/01]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

arc 0968b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 217.6, the Department of Human Services hereby amends Chapter 130, “General Provisions,” appearing in the Iowa Administrative Code.

These amendments update income guidelines and the fees parents pay for child care services based on their monthly gross income to be consistent with the federal poverty guidelines for 2001 as mandated by the Seventy–eighth General Assembly.

These amendments do not provide for any waivers in specific situations because these changes confer a benefit on consumers by providing an increase in the income eligibility guidelines. In addition, these changes were mandated by the legislature with no provisions for exceptions.

These amendments were previously Adopted and Filed Emergency and published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0789B. Notice of Intended Action to solicit comments on that submission was published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0788B.

The following revision was made to the Notice of Intended Action:

Subrule 130.3(1), paragraph “d,” subparagraph (2), was revised to correct income levels and to add a policy providing that family income in columns A, B, and C shall not exceed 85 percent of the state’s median income for a family of the same size. This change is required by federal regulations at Title 45, section 98.20(a)(2) [45 CFR 98.20(a)(2)].

The Council on Human Services adopted these amendments September 11, 2001.

These amendments are intended to implement Iowa Code section 237A.13.

These amendments shall become effective December 1, 2001, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

The following amendments are adopted.

ITEM 1. Amend subrule 130.3(1), paragraph “d,” subparagraph (2), as follows:

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

Family Size	For Child Care Monthly Gross Income						All Other Services Monthly Gross Income Below
	A		B		C
1 Member	~~$ 696~~	$ 716	~~$ 974~~	$ 1,002	~~$1,219~~	$1,253	$ 583
2 Members	~~938~~	968	~~1,313~~	1,355	~~1,641~~	1,693	762
3 Members	~~1,179~~	1,219	~~1,651~~	1,707	~~2,064~~	2,134	942
4 Members	~~1,421~~	1,471	~~1,989~~	2,059	~~2,486~~	2,574	1,121
5 Members	~~1,663~~	1,723	~~2,328~~	2,412	~~2,910~~	3,014	1,299
6 Members	~~1,904~~	1,974	~~2,666~~	2,764	~~3,332~~	3,455	1,478
7 Members	~~2,146~~	2,226	~~3,004~~	3,116	~~3,755~~	3,895	1,510
8 Members	~~2,388~~	2,478	~~3,343~~	3,469	~~4,178~~	4,336	1,546
9 Members	~~2,629~~	2,729	~~3,681~~	3,821	~~4,601~~	4,776	1,581
10 Members	~~2,871~~	2,981	~~4,019~~	4,173	~~4,701~~	5,216	1,612
11 Members		3,233		4,526		5,658	1,645
12 Members		3,484		4,878		6,099	1,678
13 Members		3,736		5,230		6,294	1,711
14 Members		3,988		5,583		6,417	1,744
15 Members		4,239		5,935		6,541	1,777
16 Members		4,491		6,287		6,664	1,810
17 Members		4,743		6,640		6,788	1,843
18 Members		4,994		6,911		6,911	1,876
19 Members		5,246		7,034		7,034	1,909
20 Members		5,498		7,158		7,158	1,942

For child care, Column A, add $242 for each additional person over 10 members. For child care, Column B, add $338 for each additional person over 10 members. For child care, Column C, add $100 for each additional person over 10 members. For other services, add $33 for each additional person over 10 members.

Column A is used to determine income eligibility when funds are insufficient to serve additional families beyond those already receiving services or requiring protective child care and applications are being taken from families who are at or below 100 percent of the federal poverty guidelines and in which the parents are employed at least 28 hours per week or are under the age of 21 and participating in an educational program leading to a high school diploma or equivalent or from parents under the age of 21 with a family income at or below 100 percent of the federal poverty guidelines who are participating, at a satisfactory level, in an approved training or education program. (See 441—paragraphs 170.2(3)“a” and “c.”)

Column B is used to determine income eligibility when funds are insufficient to serve additional families beyond those already receiving services or requiring protective child care and applications are being taken from families with an income of more than 100 percent but not more than 140 percent of the federal poverty level whose members are employed at least 28 hours per week (see 441—paragraph 170.2(3)“d”) or when there is adequate funding and no waiting lists and applications are being taken from families applying for services, with the exception of families with children with special needs.

Column C is used to determine income eligibility for families with children with special needs.

Family income in columns A, B, and C shall not exceed 85 percent of the state’s median income for a family of the same size.

ITEM 2. Amend subrule 130.4(3), introductory paragraph and “Monthly Income Increment Levels According to Family Size” table, as follows:

130.4(3) Child care services. The monthly income chart and fee schedule for child care services in a licensed child care center, an exempt facility, a registered family or group child care home, a nonregistered family child care home, or in–home care are shown in the following table:

Monthly Income Increment Levels According to Family Size

Income
Increment
Levels

Half–Day Fee

~~661~~

680

~~891~~

919

~~1120~~

1158

~~1350~~

1397

~~1579~~

1636

~~1809~~

1875

~~2039~~

2115

~~2268~~

2354

~~2498~~

2593

~~2727~~

2832

.00

~~696~~

716

~~938~~

968

~~1179~~

1219

~~1421~~

1471

~~1663~~

1723

~~1904~~

1974

~~2146~~

2226

~~2388~~

2478

~~2629~~

2729

~~2871~~

2981

.50

~~735~~

756

~~990~~

1022

~~1245~~

1287

~~1500~~

1553

~~1756~~

1819

~~2011~~

2085

~~2266~~

2350

~~2521~~

2616

~~2776~~

2882

~~3032~~

3148

1.00

~~776~~

798

~~1045~~

1079

~~1315~~

1360

~~1584~~

1640

~~1854~~

1921

~~2123~~

2201

~~2393~~

2482

~~2662~~

2763

~~2932~~

3043

~~3201~~

3324

1.50

~~819~~

843

~~1104~~

1139

~~1389~~

1436

~~1673~~

1732

~~1958~~

2028

~~2242~~

2325

~~2527~~

2621

~~2811~~

2917

~~3096~~

3214

~~3381~~

3510

2.00

~~865~~

890

~~1166~~

1203

~~1466~~

1516

~~1767~~

1829

~~2067~~

2142

~~2368~~

2455

~~2668~~

2768

~~2969~~

3081

~~3269~~

3394

~~3570~~

3707

2.50

~~914~~

940

~~1231~~

1270

~~1548~~

1601

~~1866~~

1931

~~2183~~

2262

~~2500~~

2592

~~2818~~

2923

~~3135~~

3253

~~3453~~

3584

~~3770~~

3914

3.00

~~965~~

993

~~1300~~

1342

~~1635~~

1691

~~1970~~

2040

~~2305~~

2389

~~2641~~

2738

~~2976~~

3087

~~3311~~

3436

~~3646~~

3785

~~3981~~

4134

3.50

~~1019~~

1048

~~1373~~

1417

~~1727~~

1785

~~2081~~

2154

~~2434~~

2522

~~2788~~

2891

~~3142~~

3259

~~3496~~

3628

~~3850~~

3996

~~4204~~

4365

4.00

~~1076~~

1107

~~1450~~

1496

~~1823~~

1885

~~2197~~

2274

~~2571~~

2664

~~2945~~

3053

~~3318~~

3442

~~3692~~

3831

~~4066~~

4220

~~4439~~

4609

4.50

~~1136~~

1169

~~1531~~

1580

~~1926~~

1991

~~2320~~

2402

~~2715~~

2813

~~3109~~

3224

~~3504~~

3635

~~3899~~

4046

~~4293~~

4457

~~4688~~

4868

5.00

~~1200~~

1234

~~1617~~

1668

~~2033~~

2102

~~2450~~

2536

~~2867~~

2970

~~3284~~

3404

~~3700~~

3838

~~4117~~

4272

~~4534~~

4706

~~4950~~

5140

5.50

~~1267~~

1304

~~1707~~

1762

~~2147~~

2220

~~2587~~

2678

~~3027~~

3137

~~3467~~

3595

~~3908~~

4053

~~4348~~

4511

~~4788~~

4970

~~5228~~

5428

6.00

[Filed 9/11/01, effective 12/1/01]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

arc 0970b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 234.6 and 2001 Iowa Acts, House File 732, section 31, subsection 5, and section 49, the Department of Human Services hereby amends Chapter 156, “Payments for Foster Care and Foster Parent Training,” and Chapter 201, “Subsidized Adoptions,” appearing in the Iowa Administrative Code.

These amendments implement the increases to foster family homes and adoptive homes mandated by the Seventy–ninth General Assembly.

The daily foster family care and adoption payment rates are increased as follows: for a child aged 0 through 5 from $14.00 to $14.28, for a child aged 6 through 11 from $14.78 to $15.07, for a child aged 12 through 15 from $16.53 to $16.83, and for a child aged 16 and over from $16.53 to $16.83.

The maximum foster family basic monthly maintenance rate and the maximum adoption subsidy rate for children remain at 70 percent of the United States Department of Agriculture’s estimate of the cost to raise a child in the Midwest with a cost–of–living increase added for Fiscal Year 2002.

These amendments do not provide for any waivers inspecified situations because these changes confer a benefit on foster parents and adoptive parents by increasing the foster family daily maintenance rate and the maximum adoption subsidy rate.

These amendments were previously Adopted and Filed Emergency and published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0793B. Notice of Intended Action to solicit comments on that submission was published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0792B.

These amendments are identical to those published under Notice of Intended Action.

The Council on Human Services adopted these amendments September 11, 2001.

These amendments are intended to implement Iowa Code section 234.6 and 2001 Iowa Acts, House File 732, section 31, subsection 5.

These amendments shall become effective December 1, 2001, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

The following amendments are adopted.

ITEM 1. Amend rule 441—156.6(234) as follows:

Amend subrule 156.6(1) as follows:

156.6(1) Basic rate. A monthly payment for care in a foster family home licensed in Iowa shall be made to the foster family based on the following schedule:

Age of child	Daily rate
0 through 5	~~$14.00~~ $14.28
6 through 11	~~14.78~~ 15.07
12 through 15	~~16.53~~ 16.83
16 and over	~~16.53~~ 16.83

Further amend rule 441—156.6(234), implementation clause, to read as follows:

This rule is intended to implement Iowa Code section 234.38 and ~~2000 Iowa Acts, Senate File 2435, section 31, subsection 6~~ 2001 Iowa Acts, House File 732, section 31, subsection 5.

ITEM 2. Amend 441—Chapter 201, implementation clause, to read as follows:

These rules are intended to implement Iowa Code sections 600.17 to 600.21 and 600.23; and ~~2000 Iowa Acts, Senate File 2435, section 31, subsection 6~~ 2001 Iowa Acts, House File 732, section 31, subsection 5.

[Filed 9/11/01, effective 12/1/01]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

arc 0971b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code subsection 249H.6(3), the Department of Human Services hereby amends Chapter 162, “Nursing Facility Conversion and Long–Term Care Services Development Grants,” appearing in the Iowa Administrative Code.

These amendments change the period of time that Nursing Facility Conversion and Long–Term Care Services Development Grant applicants must be a licensed nursing facility approved under the Medicaid program or a provider of long–term care services from three years to two years as mandated by the Seventy–ninth General Assembly.

These amendments do not provide for waivers because this change was mandated by the Seventy–ninth General Assembly with no provision for exceptions. All grant applicants and recipients should be subject to the same rules.

These amendments were previously Adopted and Filed Emergency and published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0795B. Notice of Intended Action to solicit comments on that submission was published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0794B.

These amendments are identical to those published under Notice of Intended Action.

The Council on Human Services adopted these amendments September 11, 2001.

These amendments are intended to implement Iowa Code section 249H.6 as amended by 2001 Iowa Acts, House File 740, section 7.

These amendments shall become effective December 1, 2001, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

The following amendments are adopted.

ITEM 1. Amend 441—Chapter 162 by amending the parenthetical statute reference (78GA,SF2193) as follows wherever it appears:

(~~78GA,SF2193~~ 249H)

ITEM 2. Amend subrule 162.3(1), paragraph “a” and paragraph “b,” introductory paragraph, as follows:

a. A licensed nursing facility that has been an approved provider under the medical assistance program under the same ownership for the ~~three~~ two–year period prior to application for the grant.

b. A provider of long–term care services, including one not covered by the medical assistance program, that has been in business for at least ~~three~~ two years under the same owner.

ITEM 3. Amend the implementation clause following 441—Chapter 162 as follows:

These rules are intended to implement ~~2000 Iowa Acts, Senate File 2193, section 6~~ Iowa Code section 249H.6 as amended by 2001 Iowa Acts, House File 740, section 7.

[Filed 9/11/01, effective 12/1/01]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

arc 0972b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 217.6 and 234.6, the Department of Human Services hereby amends Chapter 176, “Dependent Adult Abuse,” and Chapter 177, “In–Home Health Related Care,” appearing in the Iowa Administrative Code.

These amendments revise the list of who may have access to dependent adult abuse information other than unfounded adult abuse information to add employees of the Department of Inspections and Appeals who are operating the Internet information system and administrators of agencies providing mental health, mental retardation, or developmental disability services under a county management plan, if the information concerns a person employed by or being considered by the agency for employment. These changes bring rules into conformance with Iowa Code section 235B.6 as amended by 2001 Iowa Acts, House File 228, section 4.

In addition, these amendments correct various outdated references and form names and numbers identified in the Department’s rules review process throughout 441—Chapters 176 and 177.

These amendments do not provide for waivers in specified situations because the amendments merely conform rules to statute and correct outdated references.

These amendments are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code chapter 235B and Iowa Code section 249.3(2)“a”(2).

These amendments shall become effective December 1, 2001.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to Chs 176, 177] is being omitted. These amendments are identical to those published under Notice as ARC 0811B, IAB 7/11/01.

[Filed 9/11/01, effective 12/1/01]
[Published 10/3/01]

[For replacement pages for IAC, see IAC Supplement 10/3/01.]

arc 0973b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 234.6 and 2001 Iowa Acts, House File 732, section 14, subsection 14, paragraph “b,” and section 49, the Department of Human Services hereby rescinds Chapter 179, “Wrap–Around Funding Program,” appearing in the Iowa Administrative Code.

This amendment eliminates the Wrap–around Funding Program at the direction of the Seventy–ninth General Assembly. Funding for this program was eliminated in the Department’s appropriation bill.

This amendment does not provide for any waivers to receive the program because this change was mandated by the legislature, with no provisions for exceptions.

This amendment was previously Adopted and Filed Emergency and published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0797B. Notice of Intended Action to solicit comments on that submission was published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0796B.

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

The Council on Human Services adopted this amendment September 11, 2001.

This amendment is intended to implement Iowa Code section 234.6 and 2001 Iowa Acts, House File 732, section 14, subsection 14, paragraph “b.”

This amendment shall become effective December 1, 2001, at which time the Adopted and Filed Emergency amendment is hereby rescinded.

The following amendment is adopted.

Rescind and reserve 441—Chapter 179.

[Filed 9/11/01, effective 12/1/01]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

arc 0974b

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 217.6 and 2001 Iowa Acts, House File 732, section 31, subsection 8, and section 49, the Department of Human Services hereby amends Chapter 185, “Rehabilitative Treatment Services,” appearing in the Iowa Administrative Code.

This amendment freezes rehabilitative treatment and supportive service (RTSS) rates at their June 30, 2001, level as mandated by the Seventy–ninth General Assembly. This amendment also continues the suspension of the regional administrator’s and provider’s ability to renegotiate rates for existing services during state fiscal year 2002.

This amendment does not provide for any waivers to the rate freeze because this change was mandated by the legislature, with no provisions for exceptions.

This amendment was previously Adopted and Filed Emergency and published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0799B. Notice of Intended Action to solicit comments on that submission was published in the July 11, 2001, Iowa Administrative Bulletin as ARC 0798B.

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

The Council on Human Services adopted this amendment September 11, 2001.

This amendment is intended to implement Iowa Code section 234.6 and 2001 Iowa Acts, House File 732, section 31, subsection 8.

This amendment shall become effective December 1, 2001, at which time the Adopted and Filed Emergency amendment is hereby rescinded.

The following amendment is adopted.

Amend subrule 185.112(1), paragraph “k,” as follows:

k. Once a negotiated rate is established based on the provisions of this subrule, it shall not be changed or renegotiated during the time period of this rule except in the following circumstances:

(1) By mutual consent of the provider and the regional administrator of the host region based upon the factors delineated at paragraph 185.112(1)“f,” except that rates shall not be changed or renegotiated for the period of July 1, 2000, through June 30, ~~2001~~ 2002.

(2) In accordance with paragraph 185.112(6)“b,” except that rates shall not be changed or renegotiated for services not assumed by a new provider for the period of July 1, 2000, through June 30, ~~2001~~ 2002.

(3) Rates may be changed when funds are appropriated for an across–the–board increase. ~~Effective July 1, 2000, a 5 percent across–the–board cost–of–living adjustment will be applied.~~

[Filed 9/11/01, effective 12/1/01]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

arc 0979b

INSPECTIONS AND APPEALS DEPARTMENT[481]

Adopted and Filed

Pursuant to the authority of Iowa Code section 135B.7 and 2001 Iowa Acts, Senate File 242, the Department of Inspections and Appeals hereby amends Chapter 51, “Hospitals,” Iowa Administrative Code.

The Hospital Licensing Board approved the adoption of these amendments on June 27, 2001, and the Board of Health approved adoption on September 12, 2001.

Notice of Intended Action was published in the Iowa Administrative Bulletin on August 8, 2001, as ARC 0869B.

These amendments are intended to implement 2001 Iowa Acts, Senate File 242, which requires the Department to adopt rules that require hospitals to establish procedures for authentication of medication and standing orders by a practitioner within a period not to exceed 30 days following a patient’s discharge. Prior to the passage of 2001 Iowa Acts, Senate File 242, authentication was required within 72 hours.

Written comment was received by the Iowa Nurses’ Association illustrating the disparity in the proposed administrative rules and the Medicare Conditions of Participation related to “Nursing Services.” The repeal of Iowa Code section 135B.7A on June 30, 2007, was viewed favorably and a request was made to include sunset language in the administrative rule. That change has been made to the Notice.

These amendments are not subject to waiver because hospital rules are considered minimum standards.

These amendments are intended to implement Iowa Code chapter 135B and 2001 Iowa Acts, Senate File 242.

These amendments will become effective November 7, 2001.

The following amendments are adopted.

ITEM 1. Amend subrule 51.14(3) as follows:

51.14(3) Medication orders. All orders for drugs and biologicals must be in writing and signed by the prescribing practitioner within ~~72 hours of prescribing the drug or biological~~ a period not to exceed 30 days following a patient’s discharge. This paragraph expires June 30, 2007.

When telephone, oral or electronic mechanisms are used to transmit medication orders, they must be accepted only by personnel that are authorized to do so by hospital policies and procedures in a manner consistent with federal and state law.

ITEM 2. Amend subrule 51.14(4) as follows:

51.14(4) Standing orders. Standing orders for drugs may be used for specified patients when authorized by the prescribing practitioner. These standing orders shall be in accordance with polices and procedures established by the appropriate committee within each hospital. At a minimum, the standing orders shall:

a. Specify the circumstances under which the drug is to be administered;

b. Specify the types of medical conditions of the patients for whom the standing orders are intended;

c. Be reviewed and revised by the prescribing practitioner on a regular basis as specified by hospital policies and procedures;

d. Be specific as to the drug, dosage, route, and frequency of administration; and

e. Be dated, signed by the prescribing practitioner ~~within 72 hours~~ within a period not to exceed 30 days following a patient’s discharge, and included in the patient’s medical record. This paragraph expires June 30, 2007.

[Filed 9/13/01, effective 11/7/01]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

arc 0978b

INSPECTIONS AND APPEALS DEPARTMENT[481]

Adopted and Filed

Pursuant to the authority of Iowa Code section 135B.7, the Department of Inspections and Appeals hereby amends Chapter 51, “Hospitals,” Iowa Administrative Code.

The Hospital Licensing Board approved the adoption of this amendment on June 27, 2001, and the Board of Health approved adoption on September 12, 2001.

Notice of Intended Action was published in the Iowa Administrative Bulletin on August 8, 2001, as ARC 0868B.

The adopted amendment updates language pertaining to anesthesia services. The amendment adds medical staff rules and regulations as a possible location for a hospital to maintain its description of staff eligible to administer anesthesia. During the course of surveys conducted by the Department’s health facility surveyors, it was determined that descriptions of staff eligible to administer anesthesia were frequently maintained in a hospital’s medical staff rules and regulations.

In comments received by the Department, the Iowa Nurses’ Association expressed concern in the event that this rule be used as a mechanism to preclude the granting of privileges to certified registered nurse anesthetists.

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

This amendment is not subject to waiver because hospital rules are considered minimum standards.

This amendment is intended to implement Iowa Code chapter 135B.

This amendment will become effective on November 7, 2001.

The following amendment is adopted.

Amend subparagraph 51.28(1)“b”(2) as follows:

(2) Delineation of the qualifications of individuals authorized to administer anesthesia as set out in the hospital’s medical staff bylaws or medical staff rules and regulations.

[Filed 9/13/01, effective 11/7/01]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

arc 0975b

LAW ENFORCEMENT ACADEMY[501]

Adopted and Filed

Pursuant to the authority of Iowa Code section 80B.11, the Iowa Law Enforcement Academy amends Chapter 3, “Certification of Law Enforcement Officers,” Iowa Administrative Code.

This amendment clarifies and further defines the time limit within which an officer must achieve certification and provides that if certification is not in fact obtained the officer is not eligible for a law enforcement position for a period of at least one year.

Notice of Intended Action was published in the August 8, 2001, Iowa Administrative Bulletin as ARC 0846B. The adopted amendment adds the phrase “whichever comes first” at the end of subrule 3.1(6).

This amendment is intended to implement Iowa Code section 80B.11(2).

This amendment will become effective November 7, 2001.

The following amendment is adopted.

Amend rule 501—3.1(80B) by adopting the following new subrules:

3.1(5) The time period within which a person must achieve certification as a law enforcement officer in the state of Iowa as specified in rule 501—3.1(80B) shall commence on the day a person is first employed as a regular law enforcement officer in the state of Iowa. Any subsequent changes in a law enforcement officer’s employment status, including transfers to a different employing agency, shall not toll or otherwise extend the certification period.

3.1(6) Should a person employed as a law enforcement officer fail to achieve certification within the time period or any extensions allowed by rule 501—3.1(80B), that person shall not be eligible for employment as and shall not serve as a regular or a reserve law enforcement officer in the state of Iowa for a period of not less than one year from the date the time period in which to achieve certification specified in rule 501—3.1(80B) expired, or from the date that the person was last employed as a regular law enforcement officer in the state of Iowa, whichever comes first.

[Filed 9/14/01, effective 11/7/01]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

arc 1000b

PUBLIC HEALTH DEPARTMENT[641]

Adopted and Filed

Pursuant to the authority of Iowa Code section 135.11, the Department of Public Health hereby rescinds Chapter 4, “Birth Defects Institute,” Iowa Administrative Code, and adopts a new Chapter 4 with the same title.

The new chapter provides program explanation for the five programs of the Birth Defects Institute within the Department. The chapter details their activities and responsibilities as well as the responsibilities of health care providers, the county registrar, birthing facilities and drawing laboratories in complying with the programs’ function and activities. The new chapter implements Executive Order Number 8 executed and signed by the Governor on September 14, 1999, and adds medium chain acyl Co–A dehydrogenase (MCAD) deficiency to the newborn metabolic screening panel.

Notice of Intended Action was published in the Iowa Administrative Bulletin on August 8, 2001, as ARC 0849B. A public hearing was held on August 28, 2001, from 11 a.m. to 12 noon in the ICN Conference Room, Lucas State Office Building. Two individuals from Children’s Healthcare Is a Legal Duty, Inc., provided comments opposing parents’ right to refuse newborn metabolic screening. Currently, the rules state that should a parent or guardian refuse the screening, said refusal shall be documented in writing. These adopted rules state that the refusal shall be documented in writing on the Iowa neonatal metabolic screening program waiver. The individuals urged the Department to remove the provision allowing parents to refuse newborn metabolic screening.

The Department has made no substantive changes to the rules published under Notice of Intended Action.

These rules were adopted by the Board of Health on September 12, 2001.

These rules are intended to implement Iowa Code chapter 136A.

These rules shall become effective November 7, 2001.

The following rules are adopted.

Rescind 641—Chapter 4 and adopt the following new chapter in lieu thereof:

CHAPTER 4
BIRTH DEFECTS INSTITUTE

641—4.1(136A) Program explanation. The birth defects institute within the department of public health consists of the Iowa neonatal metabolic screening program, the expanded maternal serum alpha–fetoprotein screening program, the regional genetic consultation service, the neuromuscular and related genetic disease program and the Iowa birth defects registry. The birth defects advisory committee represents the interests of the people of Iowa and assists in the development of programs that ensure the availability of and access to quality genetic health care services by all residents. The committee advises the director of the department of public health regarding issues related to genetics and hereditary and congenital disorders and makes recommendations about the design

and implementation of the institute’s programs. Committee membership is made up of representatives of professional groups, agencies, legislators, consumers and individuals with an interest in promoting genetic services for the residents of Iowa.

641—4.2(136A) Definitions. For the purposes of this chapter, the following definitions shall apply:

“Central laboratory” means the University Hygienic Laboratory.

“Central registry” means the Iowa birth defects registry.

“Committee” means the birth defects advisory committee.

“Department” means the Iowa department of public health.

“Director” means the director of the Iowa department of public health.

“Institute” means the birth defects institute within the Iowa department of public health.

641—4.3(136A) Iowa neonatal metabolic screening program. This program provides comprehensive newborn screening services for hereditary and congenital disorders for the state.

4.3(1) Newborn screening policy. All newborns shall be screened for hypothyroidism, phenylketonuria (PKU), galactosemia, hemoglobinopathies, congenital adrenal hyperplasia (CAH), and medium chain acyl Co–A dehydrogenase (MCAD) deficiency.

As new disorders are recognized and new technologies and tests become available, the institute shall follow protocols developed by the department in regard to the addition of disorders to or deletion of disorders from the screening panel. The state board of health shall provide final approval for the addition of new disorders to the screening panel.

4.3(2) Health care provider responsibility. The licensed attending health care provider shall ensure that infants under the provider’s care are screened. A parent or guardian shall be informed of the type of specimen, how it is obtained, the nature of the disorders being screened, and the consequences of treatment and nontreatment. Should a parent or guardian refuse the screening, said refusal shall be documented in writing on the Iowa neonatal metabolic screening program waiver. The parent or guardian and licensed attending health care provider shall sign the waiver. The parent or guardian and the Iowa neonatal metabolic screening program shall be provided with a copy of the waiver. The original copy of the waiver shall become a part of the infant’s medical record.

4.3(3) County registrar responsibility. When a parent or guardian visits a county registrar’s office to register a birth that was not attended by a licensed health care provider, the county registrar shall inform the parent or guardian of the need for a blood test to screen for hereditary and congenital disorders.

4.3(4) Neonatal metabolic screening procedure.

a. Collection of specimens. A filter paper blood specimen shall be collected from the infant at least 24 hours after the infant’s birth, but not later than five days after the infant’s birth.

EXCEPTIONS:

(1) A blood specimen must be collected before any transfusion, even if the infant is less than 24 hours old.

(2) All infants shall be screened prior to discharge even if the infant is less than 24 hours old.

(3) An infant transferred to another medical facility must be screened by the receiving facility unless the infant has already been screened. The transferring facility is responsible for notifying the receiving facility of the status of metabolic screening.

(4) An exception to this time sequence shall be accepted for infants of parents or guardians informed by a county registrar of the need for metabolic screening.

b. Submission of specimens. All specimens shall be forwarded by first–class mail or other appropriate means within 24 hours after collection to the University Hygienic Laboratory, the institute’s designated central laboratory.

c. Processing of specimens. The central laboratory shall process specimens within 24 hours of receipt. The central laboratory shall notify the submitting health care provider, birthing facility or drawing laboratory of an unacceptable specimen and the need for another specimen.

d. Reporting of presumptive positive test results. A presumptive positive test result shall be reported within 24 hours to the consulting physician, or the physician’s designee, who shall then notify the attending health care provider. This initial report shall be followed by a written report to the attending health care provider and the birthing facility.

4.3(5) Consulting physician responsibility. Consulting physicians shall be designated by the institute in collaboration with the central laboratory to provide interpretation of test results and consultation to licensed health care providers. Under the direction of consulting physicians, follow–up programs shall be available for all individuals identified by newborn metabolic screening. The activities shall include consultation, treatment when indicated, case management, education and quality assurance. The follow–up programs shall submit an annual report to the institute summarizing these activities.

4.3(6) Central laboratory responsibility. The central laboratory shall:

a. Process specimens within 24 hours of receipt.

b. Notify the submitting heath care provider, birthing facility or drawing laboratory of an unacceptable specimen and the need for another specimen.

c. Report a presumptive positive test result within 24 hours to the consulting physician or the physician’s designee.

d. Distribute specimen collection forms, screening waivers, and other materials to birthing facilities.

e. Provide educational materials concerning specimen collection procedures.

f. Have available for review and provide to the department a written quality assurance policy covering all aspects of its newborn screening activity.

g. Submit semiannual and annual reports to the institute. These reports shall include (1) number of infants screened by birthing facility, (2) number of repeat screens by birthing facility, (3) number of presumptive positive results by disorder, (4) number of confirmed positive results by disorder, (5) number of rejected specimens by facility, (6) number of waivers received by facility, (7) results of quality assurance testing, and (8) screening activity, fiscal accounting and educational activity details.

h. Act as fiscal agent for program charges encompassing the analytical, technical, administrative, educational, andfollow–up costs for the screening program.

4.3(7) Retention, use and disposition of neonatal metabolic screening specimens.

a. A neonatal metabolic screening specimen collection form consists of dried blood spots on filter paper and attached infant and birthing center information.

b. Specimen collection forms shall be held for one month in a locked area at the central laboratory. After one month, the forms shall be incinerated unless kept for program evaluation or research use.

c. Research use. Only anonymized specimens shall be made available for research purposes.

(1) An anonymized specimen is defined as one which cannot be traced back to or linked with the particular infant from whom the specimen was obtained. Specimens shall be anonymized by removing the dried blood spot portion from the infant information portion of the specimen collection form.

(2) Investigators shall submit proposals to use anonymized specimens to the committee. Any intent to utilize nonidentifiable information associated with the dried blood spot sample for the research study must be clearly delineated in the proposal.

(3) Before research can commence, proposals shall be approved by the appropriate human subjects review committees, the birth defects advisory committee, and the department.

4.3(8) Neonatal metabolic screening fee determination. Sixty days prior to the end of the fiscal year, the central laboratory and the consulting physicians shall submit a combined program proposal and budget to the institute for the coming year. The department shall annually review and determine the fee to be charged for all activities associated with this program. The review and fee determination shall be completed at least one month prior to the beginning of the fiscal year.

641—4.4(136A) Expanded maternal serum alpha–fetoprotein screening program. This program provides comprehensive expanded maternal alpha–fetoprotein screening services for the state.

4.4(1) Maternal screening policy. It shall be the policy of the state of Iowa that all pregnant women are offered expanded maternal serum alpha–fetoprotein screening. If a patient desires this screening test, the specimen shall be drawn and submitted by her health care provider to the University Hygienic Laboratory, the institute’s designated central laboratory.

4.4(2) Expanded maternal serum alpha–fetoprotein screening procedure.

a. Collection of specimens. A serum or clotted blood specimen shall be collected from the patient during 15 to 20 weeks of gestation.

b. Processing of specimens. The central laboratory shall test specimens within three working days of receipt.

c. Reporting of abnormal results. Abnormal test results shall be reported within 24 hours to the consulting physician or the physician’s designee who shall then notify the submitting health care provider. On the next working day, this initial report shall be followed by a written report to the submitting health care provider.

4.4(3) Consulting physician responsibility. A consulting physician shall be designated by the institute in collaboration with the central laboratory to provide interpretation of test results and consultation to the submitting health care provider. This physician shall provide consultation for abnormal test results, assist with questions about management of identified cases, provide education and assist with quality assurance measures. The screening program with assistance from the consulting physician shall submit semiannual and annual reports to the institute detailing program activities.

4.4(4) Central laboratory responsibility. The central laboratory shall:

a. Test specimens within three working days of receipt.

b. Distribute specimen collection kits and other materials to health care provider offices and drawing facilities as required.

c. Inform the submitting health care provider or drawing facility of an unacceptable specimen and request another specimen.

d. Provide educational materials concerning specimen collection procedures.

e. Have available for review a written quality assurance program covering all aspects of its screening activity.

f. Submit a monthly report detailing screening activity to the consulting physician. This report shall include (1) number of initial tests, (2) number of repeat tests, and (3) results of quality assurance testing.

g. Act as a fiscal agent for program charges encompassing the analytical, technical, administrative, educational and follow–up costs for the screening program.

4.4(5) Expanded maternal serum alpha–fetoprotein screening fee determination. Sixty days prior to the end of the fiscal year, the central laboratory and the consulting physician shall submit a combined program proposal and budget to the institute for the coming year. The department shall annually review and determine the fee to be charged for activities associated with this program. The review and fee determination shall be completed at least one month prior to the beginning of the fiscal year.

641—4.5(136A) Regional genetic consultation service (RGCS). This program provides comprehensive genetic services statewide through outreach clinics.

4.5(1) Provision of comprehensive genetic services. The department shall contract with the Division of Medical Genetics within the Department of Pediatrics at the University of Iowa to provide genetic health care and education outreach services for individuals and families within Iowa. The contractor shall provide semiannual and annual reports to the department as specified in the contract.

4.5(2) Clinic services. The services provided may include, but are not limited to: diagnostic evaluations, confirmatory testing, consultation by board–certified geneticists, genetic counseling, medical and case management, and referral to appropriate agencies.

4.5(3) Patient fees. A sliding fee scale for clinical services shall be established for patients attending the outreach clinics. The parameters for the sliding fee scale shall be based on federally established percent of poverty guidelines and updated annually.

Families/clients seen in the regional genetic consultation service clinics shall have bills submitted to third–party payers where applicable. Families/clients shall be billed on a sliding fee scale after third–party payment is received. Payments received from receipts of service based on the sliding fee scale or from the third–party payers shall be used only to support the RGCS.

641—4.6(136A) Neuromuscular and other related genetic disease program (NMP). This program provides comprehensive services statewide for individuals and families with neuromuscular disorders through outreach clinics.

4.6(1) Provision of comprehensive services. The department shall contract with the Department of Pediatrics at the University of Iowa to provide neuromuscular health care, case management and education outreach services for individuals and families within Iowa. The contractor shall provide semiannual and annual reports to the department asspecified in the contract.

4.6(2) Clinical services. The services provided mayinclude, but are not limited to: diagnostic evaluations, confirmatory testing, physical therapy, consultation by board–certified neurologists, genetic counseling, medical and case management, supportive services and referral to appropriate agencies.

4.6(3) Patient fees. A sliding fee scale for clinical services shall be established for patients attending the outreach clinics. The parameters for the sliding fee scale shall be based on federally established percent of poverty guidelines and updated annually.

Families/clients seen in neuromuscular outreach clinics shall have bills submitted to third–party payers where applicable. Families/clients shall be billed on a sliding fee scale after third–party payment is received. Payments received from receipts of service based on the sliding fee scale or from the third–party payers shall be used only to support the neuromuscular outreach clinics.

641—4.7(136A) Iowa birth defects registry. The Iowa birth defects registry provides active birth defect surveillance statewide.

4.7(1) Definition. Birth defects shall be defined as any structural or genetic abnormality that may adversely affect a child’s health and development. The abnormality must be diagnosed or its signs and symptoms must be recognized within the first year of life.

4.7(2) Birth defects surveillance policy. Birth defects occurring in Iowa are reportable conditions and records of these birth defects shall be abstracted pursuant to 641— 1.3(139A) and maintained in a central registry.

Birth defects surveillance shall be performed in order to determine the occurrence and trends of birth defects, to conduct thorough and complete epidemiological surveys, to assist in the planning for and provision of services to children with birth defects and their families, and to identify environmental and genetic risk factors for birth defects.

4.7(3) Central registry activities.

a. The institute shall establish an agreement with the University of Iowa to implement the activities of the central registry.

b. The central registry shall use the birth defects coding scheme defined by the Centers for Disease Control and Prevention (CDC) of the United States Public Health Service.

c. The central registry staff shall review hospital rec–ords, clinical charts, physician’s records, vital records and prenatal records pursuant to 641—1.3(139A) and any other information that the central registry deems necessary and appropriate for birth defects surveillance.

d. A reportable defect occurring in a fetal death or pregnancy termination may be included in the central registry.

4.7(4) Department responsibility.

a. When a live infant’s medical records are ascertained by the central registry, the department or its designee shall inform the parent or legal guardian by letter that this information has been collected and provide the parent or guardian with information about services for which the child and family may be eligible.

b. The institute and the central registry shall annually release aggregate medical and epidemiological information to medical personnel and appropriate state and local agencies for the planning and monitoring of services for children with birth defects.

4.7(5) Confidentiality and disclosure of information. Reports, records, and other information collected by or provided to the Iowa birth defects registry relating to a person known to have or suspected of having a birth defect are confidential records pursuant to Iowa Code section 22.7.

Personnel of the central registry and the department shall maintain the confidentiality of all information and records used in the review and analysis of birth defects, including information which is confidential under Iowa Code chapter 22 or any other provisions of state law.

Central registry personnel are authorized pursuant to 641—1.3(139A) to gather all information relevant to the review and analysis of birth defects. This information may include, but is not limited to, hospital records, physician’s rec–ords, clinical charts, birth records, death records, fetal death records, prenatal records, vital records, and other reports relevant and necessary for birth defects surveillance.

No individual or organization providing information to the Iowa birth defects registry in accordance with this rule shall be deemed or held liable for divulging confidential information.

4.7(6) Access to information in the central registry. The central registry and the department shall not release confidential information except to the following, under the following conditions:

a. The parent or guardian of an infant or child for whom the report is made and who can demonstrate that the parent or guardian has received the notification letter.

b. A local birth–to–three coordinator or an agency under contract with the department to administer the children with special health care needs program, upon receipt of written consent from the parent or guardian of the infant or child.

c. A local health care provider, upon receipt of written consent from the parent or guardian of the infant or child.

d. A representative of a federal or state agency, to the extent that the information is necessary to perform a legally authorized function of that agency. The information provided may not include the personal identifiers of an infant or child with a reportable birth defect.

e. Research purposes.

(1) All proposals for research using the central registry data to be conducted by persons other than program staff shall first be submitted to and accepted by the researcher’s institutional review board. Proposals shall then be reviewed and approved by the department and the central registry’s executive committee before research can commence.

(2) The central registry shall submit to the Iowa birth defects registry’s executive committee for approval a protocol describing any research conducted by the registry in which the registry deems it necessary to contact case subjects and controls.

These rules are intended to implement Iowa Code chapter 136A.

[Filed 9/14/01, effective 11/7/01]

[Published 10/3/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/3/01.

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PUBLIC HEALTH DEPARTMENT[641]

Adopted and Filed

Pursuant to the authority of Iowa Code section 135.11, the Department of Public Health hereby rescinds Chapter 25, “State Plumbing Code,” Iowa Administrative Code, and adopts a new Chapter 25 with the same title.

The rules describe the minimum standards for plumbing materials and plumbing methods in Iowa cities.

An ad hoc plumbing code advisory committee was formed to provide guidance to the Department on revising the rules. The advisory committee was composed of plumbing inspectors, building officials, union representatives, builders, engineers, and architects.

Notice of Intended Action was published in the Iowa Administrative Bulletin on August 8, 2001, as ARC 0850B. A public hearing was held on August 28, 2001. Comments are summarized as follows: Representatives of the Iowa Chapter of the International Association of Plumbing and Mechanical Officials (IAPMO), the national IAPMO, Plumbers & Steamfitters Local #33, and local plumbing officials from Des Moines and Fort Dodge spoke in favor of the rules as noticed. Representatives of the Iowa Association of Building Officials, the International Conference of Building Officials, and a building official from Des Moines proposed that the rules be rewritten based on the International Plumbing Code (IPC) so that either the IPC or the Uniform Plumbing Code (UPC) would be acceptable in Iowa.

No changes have been made from the Notice of Intended Action.

The State Board of Health adopted these rules on September 12, 2001.

The rules will become effective on November 19, 2001.

These rules are intended to implement Iowa Code section 135.11.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 25] is being omitted. These rules are identical to those published under Notice as ARC 0850B, IAB 8/8/01.

[Filed 9/14/01, effective 11/19/01]
[Published 10/3/01]

[For replacement pages for IAC, see IAC Supplement 10/3/01.]

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PUBLIC HEALTH DEPARTMENT[641]

Adopted and Filed

Pursuant to the authority of Iowa Code section 135.105C, the Department of Public Health hereby amends Chapter 69, “Renovation, Remodeling, and Repainting—Lead Hazard Notification Process,” Iowa Administrative Code.

This chapter implements a program to require individuals who perform renovation, remodeling, and repainting of target housing for compensation to provide an approved lead hazard information pamphlet to the owner and occupant of the housing prior to commencing the work. Iowa’s law stipulates that the rules could take effect only after the Department of Public Health obtained authorization from the U.S. Environmental Protection Agency (EPA) for its program to require lead hazard notification prior to renovation, remodeling, and repainting. Iowa’s program was authorized by the U.S. EPA on July 13, 1999.

The amendments incorporate new terminology in EPA regulations that were adopted as final on January 5, 2001, and incorporate an EPA requirement that Iowa allow the use of the federal pamphlet in addition to the Iowa pamphlet for compliance with this regulation. In addition, the amendments provide an exemption for minor repair and maintenance activities that disrupt 0.1 square feet or less of painted surface since these minor activities are unlikely to cause excessive lead exposure for occupants.

To incorporate the new EPA terminology, the Department has added definitions for “arithmetic mean,” “chewable surface,” “dripline,” “dust–lead hazard,” “friction surface,” “hazardous lead–based paint,” “impact surface,” “mid–yard,” “paint–lead hazard,” “play area,” and “soil–lead hazard.” The definition of “lead–based paint hazard” has been modified.

The Department has determined that these rules are not subject to waiver or variance because Iowa’s program must be as protective as the U.S. EPA regulations which do not allow variances or waivers.

The State Board of Health adopted these amendments at the Board’s regular meeting on September 12, 2001.

Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on August 8, 2001, as ARC 0848B. A public hearing was held on August 28, 2001, at 10 a.m. over the Iowa Communications Network (ICN). No public comments were received during the public comment period or during the public hearing.

These amendments are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code section 135.105C.

These amendments will become effective on November 7, 2001.

amendments are identical to those published under Notice as ARC 0848B, IAB 8/8/01.

[Filed 9/14/01, effective 11/7/01]
[Published 10/3/01]

[For replacement pages for IAC, see IAC Supplement 10/3/01.]

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PUBLIC HEALTH DEPARTMENT[641]

Adopted and Filed

Pursuant to the authority of Iowa Code section 135.105A, the Department of Public Health hereby amends Chapter 70, “Lead Professional Certification,” Iowa Administrative Code.

Iowa Code section 135.105A directs the Department of Public Health to establish a program for the training and certification of lead inspectors and lead abaters and states that a person shall not perform lead abatement or lead inspections unless the person has completed a training program approved by the Department and has obtained certification. Property owners are required to be certified only if the property in which they will perform lead inspections or lead abatement is occupied by a person other than the owner or a member of the owner’s immediate family while the measures are being performed. A person may be certified as both a lead inspector and a lead abater. However, a person who is certified as both shall not provide both inspection and abatement services at the same site unless a written consent or waiver, following full disclosure by the person, is obtained from the owner or manager of the site. Iowa’s law stipulates that rules could take effect only after the Department obtained authorization from the U.S. Environmental Protection Agency (EPA) for its program to train and certify lead inspectors and abaters. Iowa’s program was authorized by the EPA on July 13, 1999.

The amendments incorporate new EPA regulations that were adopted as final on January 5, 2001. Iowa is required to incorporate these new EPA regulations into Iowa rules. In addition, the title of the discipline known as “visual risk assessor” has been changed to “sampling technician,” which is now the title used in most states for this discipline. Finally, a provision has been added to require that the abatement report be completed no later than 30 days after an abatement project passes clearance. This provision has been added since the Department found during compliance inspections of certified abatement contractors that these reports were not yet completed several months after the completion of the project.

To incorporate the new EPA regulations, the Department has added definitions for “arithmetic mean,” “chewable surface,” “common area group,” “concentration,” “dripline,” “dust–lead hazard,” “friction surface,” “hazardous lead–based paint,” “impact surface,” “loading,” “mid–yard,” “paint–lead hazard,” “play area,” “residential building,” “room,” “soil–lead hazard,” “soil sample,” “weighted arithmetic mean,” “window trough,” and “wipe sample.” The definitions of “clearance levels,” “deteriorated paint,” “lead abatement,” “lead–based paint,” and “lead–based paint hazard” have been modified. Standards for conducting risk assessments, lead abatement, and clearance testing have been modified. The following are the substantive changes that result from incorporating the new EPA regulations:

1. The previous definition of “lead–based paint hazard” included intact lead–based paint present on friction and impact surfaces. The new definition includes lead–based paint on a friction surface only where there is evidence of abrasion or where the dust–lead level on the nearest horizontal surface underneath the friction surface (e.g., the windowsill or floor) is equal to or greater than the dust–lead hazard level. Lead–based paint that is present on an impact surface is defined as a lead–based paint hazard only if it is damaged or otherwise deteriorated from impact.

2. Dust–lead hazard levels and clearance levels have been reduced. The dust–lead hazard and clearance level for floors has been reduced from 100 micrograms per square foot to 40 micrograms per square foot. The dust–lead hazard and clearance level for windowsills has been reduced from 500 micrograms per square foot to 250 micrograms per square foot. The dust–lead hazard and clearance level for window troughs has been reduced from 800 micrograms per square foot to 400 micrograms per square foot.

3. The dust–lead hazard levels and clearance levels for composite–surface samples have changed. Previously, these levels were the same for composite–surface samples as for single–surface samples. Now, the dust–lead hazard and clearance level for a composite–surface sample is the level for a single–surface sample divided by half the number of subsamples in the composite sample. This reduces the dust–lead hazard level and clearance level when composite–surface samples are used.

The Department has determined that these rules are not subject to waiver or variance because Iowa’s program must be as protective as the EPA regulations which do not allow variances or waivers.

The State Board of Health adopted these amendments at the Board’s regular meeting on September 12, 2001.

Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on August 8, 2001, as ARC 0851B. A public hearing was held on August 28, 2001, at 10 a.m. over the Iowa Communications Network (ICN). No public comments were received during the public comment period or during the public hearing.

One minor change was made from the Notice of Intended Action. In the Notice of Intended Action, the definition of “certified firm” referred to requirements for certified firms in rule 641—70.5(135). Since the requirements for certified firms are found in rule 641—70.7(135), the cross reference within this definition has been changed to rule 641— 70.7(135).

These amendments are intended to implement Iowa Code section 135.105A.

These amendments will become effective on November 7, 2001.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to Ch 70] is being omitted. With the exception of the change noted above, these amendments are identical to those published under Notice as ARC 0851B, IAB 8/8/01.

[Filed 9/14/01, effective 11/7/01]
[Published 10/3/01]

[For replacement pages for IAC, see IAC Supplement 10/3/01.]

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PUBLIC HEALTH DEPARTMENT[641]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 135.100 to 135.105, the Department of Public Health hereby amends Chapter 72, “Lead Abatement Program,” Iowa Administrative Code.

Iowa Code sections 135.100 to 135.105 establish a childhood lead poisoning prevention program within the Department of Public Health and direct the Department to implement and review programs necessary to eliminate childhood lead poisoning in Iowa in a year for which funds are appropriated to the Department for this purpose.

These amendments change the name of the chapter and the name of the program from “lead abatement program” to “childhood lead poisoning prevention program.” This change was made to Iowa Code sections 135.100 to 135.105 by the General Assembly in 1999. The definitions for “abatement,” “blood lead action level,” and “contamination action level” have been deleted. The Department has added definitions for “capillary,” “certified elevated blood lead (EBL) inspection,” “certified elevated blood lead (EBL) inspection agency,” “certified elevated blood lead (EBL)inspector/risk assessor,” “chelation,” “lead–based paint hazard,” and “venous.” These changes have been made to reflect current terminology specified in 641—Chapter 70, “Lead Professional Certification,” Iowa Administrative Code. The provisions of subrule 72.2(4) have been changed to reflect these definitions and the current standards for childhood lead poisoning prevention programs as set by the Centers for Disease Control and Prevention (CDC).

These rules are subject to waiver pursuant to the Department’s variance and waiver provisions contained at 641— Chapter 178. For this reason, the Department has not provided a specific provision for waiver of these particular rules.

The State Board of Health adopted these amendments at the Board’s regular meeting on September 12, 2001.

Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on August 8, 2001, as ARC 0847B. A public hearing was held on August 28, 2001, at 10 a.m. over the Iowa Communications Network (ICN). No public comments were received during the public comment period or during the public hearing.

These amendments are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code sections 135.100 to 135.105.

These amendments will become effective November 7, 2001.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to Ch 72] is being omitted. These amendments are identical to those published under Notice as ARC 0847B, IAB 8/8/01.

[Filed 9/14/01, effective 11/7/01]
[Published 10/3/01]

[For replacement pages for IAC, see IAC Supplement 10/3/01.]

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UTILITIES DIVISION[199]

Adopted and Filed

Pursuant to Iowa Code sections 17A.4, 474.5, 476.1, and 476.20 (2001), the Utilities Board (Board) gives notice that on September 12, 2001, the Board issued an order in Docket No. RMU–01–2, In re: Disconnection and Reconnection, “Order Adopting Rules.” The amendments to 199 IAC 19.4(15)“h”(5) and 20.4(15)“h”(6) make them consistent with the Board’s standard customer notice forms contained in 199 IAC 19.4(15)“h”(3) and 20.4(15)“h”(3) and the disconnection portion of the customer rights and remedies also contained in 199 IAC 19.4(15)“h”(3) and 20.4(15)“h”(3). These amendments were inadvertently omitted in the Board’s “Order Adopting Rules” issued on December 28, 2000, in Docket No. RMU–00–5. Those amendments were adopted after receipt of numerous comments and an oral presentation.

On March 26, 2001, the Board issued an order in Docket No. RMU–01–2, In re: Disconnection and Reconnection, to consider adopting amendments to 199 IAC 19.4(15)“h”(5) and 20.4(15)“h”(6). Notice of Intended Action for the proposed rule making was published in IAB Vol. XXIII, No. 21 (4/18/01), p. 1642, as ARC 0635B. Written comments were received from the Consumer Advocate Division of the Department of Justice and MidAmerican Energy Company. The comments supported the rule making.

These amendments are identical to those published under Notice of Intended Action.

The Board does not find it necessary to propose a separate waiver provision in this rule making because the Board’s general waiver provision in rule 199 IAC 1.3(17A,474,476) is applicable to these rules.

These amendments will become effective on November 7, 2001.

These amendments are intended to implement Iowa Code sections 476.1 and 476.20.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [19.4(15)“h”(5), 20.4(15)“h”(6)] is being omitted. These amendments are identical to those published under Notice as ARC 0635B, IAB 4/18/01.

[Filed 9/14/01, effective 11/7/01]
[Published 10/3/01]

[For replacement pages for IAC, see IAC Supplement 10/3/01.]

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VETERINARY MEDICINE BOARD[811]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 17A.3 and 169.5(8), the Board of Veterinary Medicine hereby adopts Chapter 14, “Waiver or Variance of Rules,” Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 21, 2001, as ARC 0557B. No comments were received. The only change from the Notice specifies that in rule 811—14.12(17A,169) the summary report will include the duration and expiration date of any waiver granted. The rule now reads as follows:

“811—14.12(17A,169) Summary reports. Semiannually, the board shall prepare a summary report identifying the rules for which a waiver has been granted or denied, the number of times a waiver was granted or denied for each rule, a citation to the statutory provisions implemented by these rules, and a general summary of the reasons justifying the board’s actions on waiver requests. In addition, the report shall identify the duration and the expiration date of any waiver granted. If practicable, the report shall detail the extent to which the granting of a waiver has affected the general applicability of the rule itself. Copies of this report shall be available for public inspection and shall be provided semiannually to the administrative rules coordinator and the administrative rules review committee.”

The rules are intended to comply with Executive Order Number 11 and with Iowa Code section 17A.9A, which provides for waivers or variances of administrative rules. The rules are based on the Attorney General’s uniform waiver rules.

These rules shall become effective on November 7, 2001.

These rules are intended to implement Iowa Code section 17A.9A and chapter 169.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 14] is being omitted. With the exception of the change noted above, these rules are identical to those published under Notice as ARC 0557B, IAB 3/21/01.

[Filed 9/12/01, effective 11/7/01]
[Published 10/3/01]

[For replacement pages for IAC, see IAC Supplement 10/3/01.]

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Last update: Thu Oct 4 14:49:49 2001
URL: /Rules/2001/Bulletin/ACB011003.html
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OR

OR

An applicant shall satisfy the following requirements:

An applicant shall satisfy the following requirements:

An applicant shall satisfy the following requirements (cont’d):

An applicant shall satisfy the following requirements:

An applicant shall satisfy the following requirements:

An applicant shall satisfy the following requirements (cont’d):

OR

OR

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