Pages 1963 to 2028 include ARC 0743B to ARC 0767B

Administrative rules review committee 1954

Schedule for rule making 1952

Publication procedures 1953

Administrative rules on CD–ROM 1953

Agency identification numbers 1961

Notice, 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 0752B 1963

CITATION OF ADMINISTRATIVE RULES 1951

Filed Emergency, Sex offender registry—
criminal transmission of HIV, 38.2
ARC 0746B 2007

Filed, Licenses and endorsements—
nonrefundable fees, 14.1, 14.32, 14.121
ARC 0753B 2026

Filed, Coaching authorization—
nonrefundable fees, 19.2, 19.5 ARC 0754B 2026

Filed, Behind–the–wheel driving instructor
authorization—nonrefundable fees, 21.2,
21.5 ARC 0755B 2027

Filed, Paraeducator certificate application—
nonrefundable fee, 22.5 ARC 0756B 2027

Notice Terminated, Accreditation of schools
and school districts, 12.1 to 12.3, 12.5, 12.8
ARC 0759B 1973

Notice, Beginning teacher induction
program, 83.1 to 83.8 ARC 0760B 1973

Public Notice—Official publication rate
increase for fiscal year July 1, 2001, to
June 30, 2002 1977

Notice—Proposed workers’ compensation
rate filing 1977

Notice, Motor vehicle service contracts,
ch 23 ARC 0750B 1977

Notice, Low–income housing tax credits,
12.1, 12.2 ARC 0764B 1979

Filed, Waivers and variances from
administrative rules, 1.11, ch 18
ARC 0748B 2027

Filed Emergency After Notice, Iowa main
street loan program, ch 11 ARC 0749B 2007

Filed Emergency After Notice, Housing
assistance fund (HAF), ch 15 ARC 0765B 2007

Notice, Nursing education programs, ch 2
ARC 0758B 1980

Notice, License renewal—completion of
mandatory training on abuse identification
and reporting; maintenance of compliance
records, 3.7(3) ARC 0757B 1986

Notice, RN supervision of LPN by
teleconferencing, 6.6(5) ARC 0763B 1986

Notice, ARNPs—electronic access to Iowa
pharmacy law, administrative rules and
newsletter, 7.1 ARC 0762B 1987

Notice, National certifying organizations;
utilization and cost control review process,
12.2, 12.3, 12.5, 12.7 ARC 0761B 1987

Notice, Organization and operation; proof of legal
presence; denial of issuance or renewal of license
for nonpayment of child support or student loan;
petition for rule making; declaratory orders; sales
of goods and services; impaired licensee review
committees; public records and fair information
practices, 1.3, 4.2; chs 8 to 13 ARC 0745B 1988

Summarized list 1957

Notice, Commission authority—implementation
of order or sanction after stay has been vacated;
stewards; veterinarian licensure, 4.45(3),
5.5(9), 6.2(1), 6.26 ARC 0743B 2000

Notice of electric and natural gas delivery
tax rates and municipal electric and natural
gas transfer replacement tax rates for each
competitive service area 2000

Notice, Uniform commercial code, 1.3,
2.1, 4.4, 5.14(1); rescind ch 6; ch 30
ARC 0766B 2003

Filed Emergency, Uniform commercial code,
1.3, 2.1, 4.4, 5.14(1); rescind ch 6; ch 30
ARC 0767B 2015

Notice, Update of technical specifications;
clarification of payment methods and
accompanying rates, 12.76, 12.82(8),
12.83, 12.84(1) ARC 0751B 2003

Notice, Standard specifications for highway
and bridge construction; contracts set aside
for disadvantaged business enterprises,
125.1, 125.2; rescind ch 126 ARC 0744B 2004

Notice—Public funds interest rates 2006

Filed, Unclaimed property, 9.2 to 9.18
ARC 0747B 2028

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

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

__________________________________

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

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

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The Administrative Rules Review Committee will hold its regular statutory meeting on Tuesday, July 10, 2001, at 10 a.m. in Room 118, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

To All Agencies:

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

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

“Umbrella” agencies and elected officials are set out below at the left–hand margin in CAPITAL letters.

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The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

CITIZENS’ AIDE[141]

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COMMERCE DEPARTMENT[181]

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Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

ELDER AFFAIRS DEPARTMENT[321]

EXECUTIVE COUNCIL[361]

GENERAL SERVICES DEPARTMENT[401]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

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

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

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]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board[575]

PERSONNEL DEPARTMENT[581]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

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

Pursuant to the authority of Iowa Code section 544A.29, the Architectural Examining Board hereby gives Notice of Intended Action to amend Chapter 1, “Description of Organization,” Chapter 3, “Continuing Education,” and Chapter 4, “Rules of Conduct”; rescind Chapter 2, “Registration,” and adopt a new Chapter 2 with the same title; rescind Chapter 5, “Disciplinary Action,” and adopt new Chapter 5, “Exceptions”; rescind Chapter 6, “Public Records and Fair Information Practices,” and adopt new Chapter 6, “Disciplinary Action Against Registrants”; rescind Chapter 7, “Sales of Goods and Services,” and adopt new Chapter 7, “Disciplinary Action—Unlicensed Practice”; and rescind 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.

Proposed Chapter 5 outlines the exceptions allowed by law. Proposed Chapter 6 includes procedures for disciplinary action that can be imposed upon registrants, and proposed Chapter 7 outlines procedures that can be taken against individuals for unlicensed practice.

Consideration will be given to all written suggestions or comments on the proposed amendments and new chapters received on or before July 17, 2001. Comments should be addressed to Glenda Loving, Architectural Examining Board, 1918 S.E. Hulsizer, Ankeny, Iowa 50021, or faxed to (515)281–7411. E–mail may be sent to glenda.loving@ comm7.state.ia.us.

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

The following amendments are proposed.

ITEM 1. Amend rule 193B—1.4(544A,17A) as follows:

193B—1.4(544A,17A) Certificates. Certificates issued to successful applicants shall contain the registrant’s name, state registration number and the signatures of the board president, vice president and secretary. All registrations are renewable biennially on July 1, with registrants whose last names begin with the letters A–K renewing in even–numbered years and registrants whose last names begin with the letters L–Z renewing in odd–numbered years as provided in rule 193B—2.5(17A,272C,544A). All registrants will receive a notice of renewal and a notice of certification of current registration.

1.4(2) The board shall give notice by certified mail, return receipt requested, to the holder of a certificate of registration who has failed to renew. The certificate of registration may be reinstated in accord with rule 193B—2.3(544A,17A) 193B—2.4(544A,17A).

ITEM 2. Rescind rule 193B—1.5(544A,17A).

ITEM 3. Rescind 193B—Chapter 2 and adopt the following new Chapter 2 in lieu thereof:

CHAPTER 2
REGISTRATION

193B—2.1(544A,17A) Definitions. The following definitions apply as used in Iowa Code chapter 544A, and this chapter of the architectural examining board rules, unless the context otherwise requires.

“Applicant” means an individual who has submitted an application for registration to the board.

“Architectural Intern” means an individual who holds a professional degree from an NAAB–accredited program, has completed or is currently enrolled in the NCARB Intern Development Program and intends to actively pursue registration by completing the Architect Registration Examination.

“ARE” means the current Architect Registration Examination, as prepared and graded by the National Council of Architectural Registration Boards (NCARB).

“Examination” means the current Architect Registration Examination (ARE) accepted by the board.

“IDP” means Intern Development Program.

“IDP applicant” means an individual who has completed the IDP training requirements set forth in the NCARB Handbook for Interns and Architects and has submitted an application for registration to the board.

“Intern Architect” has the same meaning as “Architectural Intern.”

“Issuance” means the date of mailing of a decision or order or the date of delivery if service is by other means unless another date is specified in the order.

“NAAB” means the National Architectural Accrediting Board.

“NCARB” means the National Council of Architectural Registration Boards.

“NCARB Handbook for Interns and Architects” means the most current edition of a document by the same title published by the National Council of Architectural Registration Boards. The document outlines the requirements for examination and registration as an architect and is available through the National Council of Architectural Registration Boards, 1801 K Street NW, Suite 1100, Washington, D.C. 20006; NCARB’s Web site www.ncarb.org; the Architectural Examining Board or the state law library.

193B—2.2(544A,17A) Application by reciprocity. Applicants for registration are required to make application to the National Council of Architectural Registration Boards for a council certificate. A completed state application form (available through NCARB) and a completed council certificate shall be filed in the board office before an application will be considered by the board.

2.2(1) Purpose. Registration requirements for architects are generally consistent across jurisdictions, but occasionally the board receives an application for reciprocity registration from an applicant who was allowed to complete the examination prior to completion of IDP as required of Iowa applicants. This rule is intended to provide a mechanism for reciprocity applicants faced with this situation to become registered in Iowa without retaking the examination.

2.2(2) Registration requirements. The board, by approval of three of its members who are registered architects, may waive examination requirements for architects registered during the current year in another state or country where the qualifications prescribed at the time of registration were equal to those prescribed in Iowa. For the purpose of determining substantially equivalent qualifications, applicants who were originally registered in another state after July 1, 1984, shall have an NAAB–accredited professional degree and applicants registered after June 1, 1991, shall have met the training requirements for the Intern Development Program (IDP). Applicants shall be deemed to have met the IDP requirement regardless of the date of completion of the required experience, provided the experience was completed prior to filing an application for Iowa registration.

2.2(3) The board shall find probable cause for disciplinary action if the registrant’s registration in any other state is revoked for statutory reasons or incompetence.

193B—2.3(544A,17A) Application for registration by examination. To be admitted to the examination, an applicant for registration shall have completed eligibility requirements of education and training standards for NCARB certification and attained an NCARB council record. A completed NCARB council record shall be transmitted to and filed in the board office prior to the scheduling of an examination. Applicants shall also file a state eligibility form and pay an application fee for processing of examination results as outlined in rule 193B—2.8(544A,17A).

2.3(1) All eligibility requirements shall have been verified by the council record and satisfied in accordance with the NCARB Handbook for Interns and Architects. The Handbook is available through the NCARB, the architectural examining board or the state law library. Eligibility requirements include a professional degree from a program accredited by the National Architectural Accrediting Board (NAAB) or the Canadian Architectural Certification Board (CACB) and completion of IDP.

2.3(2) Documentation of training standards shall be submitted on IDP report forms, published by NCARB, verified by signatures of registered architects serving as (a) a professional sponsor who has been the intern architect’s employer or who has been an architect in the firm who has substantial responsibility and has been assigned by the firm to act in this capacity; and (b) a professional advisor who is a registered architect, usually outside the intern’s firm, with whom the intern has met for guidance and evaluation of progress. The report form shall be completed to demonstrate attainment of an aggregate of the minimum number of value units in each training area. To receive credit, training units must have been earned no more than five years prior to the date of establishing an NCARB council record.

2.3(3) To qualify for registration, all applicants shall pass all divisions of the ARE prepared and provided by NCARB. Applicants who have previously passed any portion of formerly required NCARB examinations will be granted credit for those portions passed in accordance with procedures established by NCARB. Divisions of the examination may be passed or failed separately in accordance with procedures established by NCARB.

193B—2.4(544A,17A) Examination. Examinations for registration as an architect shall be conducted by the board or its authorized representative.

2.4(1) Content and grading of the examination. The board shall make use of the ARE prepared and graded by NCARB under a plan of cooperation with the architectural examining boards of all states and territories of the United States.

2.4(2) Testing service. The board may make use of a testing service selected by NCARB to administer the examination, provided the examination is held in at least one location within the boundaries of this state.

193B—2.5(17A,272C,544A) Renewal of certificates of registration. Certificates of registration expire biennially on June 30. In order to maintain authorization to practice in Iowa, registrants are required to renew their certificate of registration prior to the expiration date. Registrants who fail to renew by the expiration date are not authorized to practice architecture in Iowa until the certificate is reinstated as provided in rule 193B—2.6(544A,17A).

2.5(1) Registrants whose last names begin with the letters A through K shall renew in even–numbered years and registrants whose last names begin with the letters L through Z shall renew in odd–numbered years.

2.5(2) It is the policy of the board to mail notices of pending expiration dates to registrants at their last–known address approximately one month prior to the date the certificate of registration is scheduled to expire. Failure to receive this notice does not relieve the registrant of the responsibility to timely renew the certificate and pay the renewal fee. Registrants should contact the board office if they do not receive a renewal notice prior to the date of expiration.

2.5(3) Upon the board’s receipt of a timely and sufficient renewal application as provided in 193—subrule 7.40(3), the board’s executive secretary shall issue a new certificate of registration reflecting the next expiration date, unless grounds exist for denial of the application.

2.5(4) If grounds exist to deny a timely and sufficient application to renew, the board shall send written notification to the applicant by restricted certified mail, return receipt requested. Grounds may exist to deny an application to renew if, for instance, the registrant failed to satisfy the continuing education as required as a condition for registration. If the basis for denial is pending disciplinary action or disciplinary investigation which is reasonably expected to culminate in disciplinary action, the board shall proceed as provided in 193—Chapter 7. If the basis for denial is not related to a pending or imminent disciplinary action, the applicant may contest the board’s decision as provided in 193—subrule 7.39(1).

2.5(5) When a registrant appears to be in violation ofmandatory continuing education requirements, the board may, in lieu of proceeding to a contested case hearing on the denial of a renewal application as provided in rule 193— 7.39(546,272C), offer a registrant the opportunity to sign a consent order. While the terms of the consent order will be tailored to the specific circumstances at issue, the consent order will typically impose a penalty between $50 and $250, depending on the severity of the violation, establish deadlines for compliance, and may impose additional educational requirements on the registrant. A registrant is free to accept or reject the offer. If the offer of settlement is accepted, the registrant will be issued a renewed certificate of registration and will be subject to disciplinary action if the terms of the consent order are not complied with. If the offer of settlement is rejected, the matter will be set for hearing, if timely requested by the applicant pursuant to 193—subrule 7.39(1).

2.5(6) The board shall notify, by certified mail, return receipt requested, registrants whose certificates of registration have expired. The failure of the board to provide this courtesy notification or the failure of the registrant to receive or sign for the notification shall not extend the date of expiration.

2.5(7) Registrants who continue to practice architecture in Iowa after their registration has expired shall be subject to disciplinary action. Such unauthorized activity may also be grounds to deny a registrant’s application for reinstatement.

193B—2.6(544A,17A) Reinstatement. An expired certificate of registration can be reinstated by completing one of the following options:

2.6(1) Option 1.

1. Paying the reinstatement fee of $25 per month of expired registration, up to a maximum of $500.

2. Paying the current renewal fee.

3. Submitting documented evidence of completion of 12 contact hours (8 hours in public protection subjects) ofcontinuing education requirements for each year of expiredregistration in compliance with requirements in 193B— Chapter 3 up to a maximum of 48 contact hours (32 hours in public protection subjects). The continuing education hours used for reinstatement may not be used again at the next renewal.

4. Providing a written statement outlining the professional activities of the applicant during the period of nonreg–istration.

2.6(2) Option 2. File a new application for registration as prescribed in rules 193B—2.2(544A,17A) and 193B— 2.3(544A,17A) and subrules 2.2(1) and 2.3(3).

193B—2.7(544A) Practice by business entities. Before engaging in the practice of architecture in this state, a foreign or domestic business corporation, a foreign professional corporation, a partnership, or sole proprietorship shall acquire an Authorization to Practice Architecture as a Business Entity from the board as provided in Iowa Code section 544A.21.

2.7(1) Application for the authorization shall be made to the board on forms prescribed by the board and shall be accompanied by the proper fee as provided in rule 193B— 2.8(544A,17A). The application shall include but not be limited to the following:

a. Name and address of the business entity;

b. Type of business entity;

c. Names, addresses, and titles of the registered agent if a corporation, and of all officers, directors, partners, beneficial owners, or other principals of the business entity, or of the sole proprietor;

d. Name and address of each registered architect in responsible charge of the practice of architecture on behalf of the business entity in the state of Iowa;

e. Signature of an officer of a corporation, a partner of a partnership, or the sole proprietor.

2.7(2) A domestic professional corporation or professional limited liability company shall file with the board an application for Authorization to Practice Architecture as a Business Entity along with a copy of its annual report to the secretary of state, but shall not be required to pay any fees to the board.

2.7(3) A sole proprietorship shall file with the board an application for Authorization to Practice Architecture as a Business Entity only if practicing under an impersonal or fictitious name.

2.7(4) The Authorization to Practice Architecture as a Business Entity will expire on June 30 of each year. Renewal application forms will be mailed to the last–known address approximately one month prior to the date of expiration. The form will request information substantially similar to the information requested in subrule 2.7(1). Failure to receive the form shall not relieve the holder of the responsibility to timely renew and pay the renewal fee.

2.7(5) The board shall give notice by certified mail, return receipt requested, to the holder of an authorization who has failed to renew the authorization. If the holder fails to renew within 30 days of receipt of the notice, the authorization to practice as a business entity shall be canceled.

2.7(6) The authorization may be reinstated by completing all of the following:

a. Paying a reinstatement fee as prescribed by rule 193B—2.8(544A,17A).

b. Paying the business entity renewal fee.

c. Submitting the application form required by the board.

d. Submitting a statement of professional activities during the period of nonauthorization.

2.7(7) A business entity that loses its authorization by cancellation or other board action shall immediately cease to conduct architectural practice in the state of Iowa.

193B—2.8(544A,17A) Fee schedule. Under the authority provided in Iowa Code chapter 544A, the following fees are hereby adopted:

Examination fees:

Initial application fee paid to board $100

Fees for examination subjects shall be paid
directly to the testing service
selected by NCARB

Initial registration fee $ 50

(plus $5 per month until renewal)

Reciprocal application and registration fee $200

Biennial renewal fee $200

Biennial renewal fee (retired) $ 50

Reinstatement of lapsed
individual registration (per month) $ 25

Duplicate certificate fee $ 50

Authorization to Practice as a Business Entity $ 50

Renewal of Authorization to Practice
as a Business Entity $ 50

Reinstatement of a lapsed Authorization
to Practice as a Business Entity $100

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

ITEM 4. Renumber subrules 3.1(1) to 3.1(6) as 3.1(2) to 3.1(7) and adopt the following new subrule 3.1(1):

3.1(1) Definitions. The following definitions apply as used in Iowa Code chapter 544A and this chapter of the architectural examining board rules, unless the context otherwise requires.

“Contact hour” means one continuous instructional hour spent in either structured educational activities or individually planned activities intended to increase the architect’s knowledge and competence in public protection subjects and related practice subjects.

“Individually planned educational activities” means educational activities in which the teaching methodology primarily consists of the architect personally addressing public protection subjects or related practice subjects which are not systematically presented by others, including reading or writing articles on such subjects, studying or researching building types, designs or building systems, rendering services to the public, advancing the profession’s and public’s understanding of the practice of architecture and the like.

“Not engaged in active practice” means that an architect is not engaged in the practice of architecture or earning monetary compensation by providing professional architectural services in any licensing jurisdiction of the United States or a foreign country.

“Public protection subjects” means technical and professional subjects which the board deems appropriate to safeguard directly the public’s health, safety and welfare. Such subjects include building design, environmental or land use analyses, life safety, architectural programming, site and soils analyses, accessibility, structural systems considerations, lateral forces, building codes, evaluation and selection of building systems, products or materials, construction methods, contract documentation, construction administration and the like.

“Related practice subjects” means technical and professional subjects other than public protection subjects that the board deems appropriate to safeguard indirectly the public’s health, safety, and welfare. Such subjects include building cost analysis, construction contract negotiation, construction phase office procedures, project management, review of state registration laws including rules of professional conduct.

“Retired from active practice” has the same meaning as “not engaged in active practice.”

“Structured educational activities” means educational activities in which the teaching methodology consists primarily of systematic presentation of public protection subjects or related practice subjects by qualified individuals or organizations including monographs, courses of study taught in person or by correspondence, organized lectures, presentations or workshops and other means through which identifiable technical and professional subjects are presented in planned manner.

ITEM 5. Amend renumbered subrule 3.1(2), paragraph “a,” as follows:

a. Within any 24–month biennial renewal period during which 24 contact hours must be acquired, at least 16 contact hours shall be public protection subjects acquired in structured educational activities (all 24 hours may be acquired in such subjects and activities). Eight contact hours may be in related practice subjects acquired through either individually planned activities or structured education activities. A maximum of 2 contact hours annually (4 contact hours biennially) may be claimed for serving as a mentor or sponsor for the NCARB Intern Development Program. Hours acquired in any 24–month period may not be carried over to a subsequent 24–month period. Continuing education hours need not be acquired within this jurisdiction, but may be acquired at any location.

ITEM 6. Renumber subrules 4.1(1) to 4.1(7) as 4.1(2) to 4.1(8) and adopt the following new subrule 4.1(1):

4.1(1) Definitions. The following definition applies as used in Iowa Code chapter 544A and this chapter of the architectural examining board rules, unless the context otherwise requires.

“Official copy” means technical submission for purposes of required approval.

ITEM 7. Amend renumbered subrule 4.1(6), paragraph “c,” as follows:

c. An architect shall neither offer nor make any gifts to any public official with the intent of influencing the official’s judgment in connection with a project in which the architect is interested. Nothing in this rule shall prohibit an architect from providing architectural services as a charitable contribution.

ITEM 8. Amend renumbered subrule 4.1(7), paragraphs “c,” “d,” “e” and “f,” as follows:

c. A legible rubber stamp, electronic image or other facsimile of the seal may be used.

d. Each technical submission submitted to a building official, hereinafter referred to as the official copy, shall contain an information block on its first page or on an attached cover sheet for with application of a seal by the architect in responsible charge and an information block for with application of a seal by each professional consultant contributing to the technical submission. The seal and original signature shall be applied only to a final technical submission. Each official copy of a technical submission shall be stapled, bound or otherwise attached together so as to clearly establish the complete extent of the technical submission. Each information block shall display the seal of the individual responsible for that portion of the technical submission. The area of responsibility for each sealing professional shall be designated in the area provided in the information block, so that responsibility for the entire technical submission is clearly established by the combination of the stated seal responsibilities. The information block will substantially conform to the sample shown below:

e. The information requested in each information block must be typed or legibly printed in permanent black ink or digital signature as defined in or governed by Iowa Code chapter 554D on each official copy. The seal implies responsibility for the entire technical submission unless the area of responsibility is clearly identified in the information accompanying the seal.

f. It shall be the responsibility of the architect who signed the original submission to forward copies of all changes and amendments to the technical submission, which shall become a part of the official copy of the technical submission, to the public official charged with the enforcement of the state, county, or municipal building code. Such changes and amendments shall be accompanied by an additional information block or blocks with professional seals applied so as to clearly establish professional responsibility for the changes.

ITEM 9. Rescind rule 193B—4.2(272C).

ITEM 10. Rescind 193B—Chapter 5 and adopt the following new chapter in lieu thereof:

CHAPTER 5
EXCEPTIONS

193B—5.1(544A) Definitions. The following definitions apply as used in Iowa Code chapter 544A, and this chapter of the architectural examining board rules, unless the context otherwise requires.

“Accessory buildings” means one or more buildings separate from, but accessory to, a main building, including, but not limited to, a garage or storage building serving a main building.

“Agricultural building” means a structure designed to house farm implements, hay, grain, poultry, livestock or other agricultural products. For the purpose of this definition, this structure shall not contain habitable space or a place of employment where agricultural products are processed or treated or packaged; nor shall it be a place used by the public.

“Alter” or “alteration” means any change, addition or modification to an existing building in its construction oroccupancy.

“Basement” means any floor level below the first story in a building, except that a floor level in a building having only one floor shall be classified as a basement unless such floor level qualifies as a first story as defined herein.

“Commercial” or “commercial use” means any of the following:

• A building used for buying, selling or exchange of goods or services,

• Drinking and dining establishments having an occupant load of fewer than 50,

• Wholesale and retail stores,

• Office buildings,

• Printing plants,

• Factories and workshops, and

• Buildings or portions of buildings having rooms used for educational purposes beyond the twelfth grade, with fewer than 50 occupants in any room.

“Commercial” does not include the other uses described herein:

• Accessory buildings,

• Educational buildings,

• Factory–built buildings,

• Governmental–use buildings,

• Industrial–use buildings,

• Institutional–use buildings,

• Hazardous–use buildings,

• Light industrial,

• Places of assembly,

• Residential dwellings, and

• Warehouses.

“Dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, or cooking and sanitation, for not more than one family, or a congregate residence, such as a group home for ten or fewer persons.

“Educational use” means a building used for educational purposes through the twelfth grade for more than 12 hours per week or more than 4 hours in any one day, and any building used for day–care purposes for more than six children.

“Factory–built buildings” means buildings that have been designed, engineered, fabricated and wholly or partly assembled in a manufacturing facility for assembly and in–stallation on a building site. A preengineered building utilizing standard building components assembled on the build–ing site is not considered a “factory–built building.” Such factory–built buildings, in order to qualify for the exception established by Iowa Code section 544A.18, must either:

1. Not exceed limitations on size and use established by Iowa Code section 544A.18, or

2. The seal applied by a professional engineer or architect shall apply to the entire assembly, not a specific element of the assembly.

“Family dwelling unit” is any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, for not more than one family. Congregate residences, such as group homes are not “family dwelling units.”

“Governmental use” means a building or portion of a building owned or occupied by a municipal, county, state, federal, or other public agency including, but not limited to, municipal fire and police stations and libraries.

“Gross floor area” means the aggregate floor area of an entire building enclosed by and including the surrounding exterior walls, and including the aggregate total area of existing, new and additional construction which is physically connected by enclosed space.

“Habitable space (room)” means a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered “habitable space.”

“Industrial use” means any of the following:

• A building used for the manufacturing, fabrication, or assembly of goods or materials including aircraft hangars;

• Open parking garages;

• Helistops;

• Ice plants;

• Power plants;

• Pumping plants;

• Cold storage and creameries; and

• Factories and workshops.

“Institutional use” means any of the following:

• Nurseries for the full–time care of children under the age of six, accommodating more than five persons;

• Hospitals;

• Sanitariums;

• Nursing homes;

• Homes for children six years of age or over, accommodating more than five persons;

• Mental hospitals, mental sanitariums, jails, prisons, reformatories, and buildings where personal liberties of persons are similarly restrained;

• Group homes; and

• Adult day care facilities.

“Light industrial” means buildings used solely to house industrial use that are not more than one story in height and not exceeding 10,000 square feet in gross floor area, or are not more than two stories in height and not exceeding 6,000 square feet in gross floor area.

“Nonstructural alterations” means modifications to an existing building which do not include any changes to structural members of a building, or do not modify means of egress, handicap accessible routes, fire resistivity or other life safety concerns.

“Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used.

“Office use” means a building housing a commercial use.

“Outbuildings” has the same meaning as “accessory buildings.”

“Place of assembly of people or public gathering” means a building or a portion of a building used for the gathering together of 50 or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining, or awaiting transportation.

“Residential use” includes hotels, apartment houses, dwellings, and lodging houses.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of the building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under–floor space is more than 6 feet (1829 mm) above grade for more than 50 percent of the total perimeter or is more than 12 feet (3658 mm) above grade at any point, such usable or unused under–floor space shall be considered a story.

“Story, first” means the lowest story of a building which qualifies as a story, as defined herein, except that the floor level in a building having only one floor level shall be classified as a first story, provided such floor is not more than 4 feet (1219 mm) below grade for more than 50 percent of the total perimeter, or not more than 8 feet (2438 mm) below grade at any point.

“Structural members” consists of building elements which carry an imposed load of weight and forces in addition to their own weight including, but not limited to, loads imposed by forces of gravity, wind, and earthquake. Structural members include, but are not limited to, footings, foundations, columns, load–bearing walls, beams, girders, purlins, rafters, joists, trusses, lintels, and lateral bracing.

“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

“Use” has the same meaning as “occupancy.”

“Warehouses” or “warehouse use” means a building used for the storage of goods or materials.

193B—5.2(544A) Exceptions. An architect registered in this state is required to perform professional architectural services for all buildings except those listed below. Persons who are not registered architects may perform planning and design services in connection with any of the following:

5.2(1) Detached residential buildings containing 12 or fewer family dwelling units of not more than three stories and outbuildings in connection with the buildings.

5.2(2) Buildings used primarily for agricultural purposes including grain elevators and feed mills.

5.2(3) Nonstructural alterations to existing buildings which do not change the use of a building:

a. From any other use to a place of assembly of people or public gathering.

b. From any other use to a place of residence not exempted by subrule 5.2(1).

c. From an industrial or warehouse use to a commercial or office use not exempted by subrule 5.2(4).

5.2(4) Warehouses and commercial buildings not more than one story in height, and not exceeding 10,000 square feet in gross floor area; commercial buildings not more than two stories in height and not exceeding 6,000 square feet in gross floor area; and light industrial buildings.

5.2(5) Factory–built buildings which are not more than two stories in height and not exceeding 20,000 square feet in gross floor area or which are certified by a professional engineer registered under Iowa Code chapter 542B.

5.2(6) Churches and accessory buildings, whether attached or separate, not more than two stories in height and not exceeding 2,000 square feet in gross floor area.

193B—5.3(544A) Building use takes priority over size. In all cases when applying the exceptions outlined in Iowa Code section 544A.18 and rule 193B—5.2(544A), the use of the building takes priority over the size. For example, a place of assembly or governmental use is not a commercial use, and would not constitute an exception even if the building is not more than one story in height and does not exceed more than 10,000 square feet in gross floor area.

193B—5.4(544A) Exceptions matrix. The following matrix is compiled to illustrate the exceptions outlined in Iowa Code section 544A.18 and rule 193B—5.2(544A). The laws and rules governing the Practice of Engineering are not illustrated herein.

These rules are intended to implement Iowa Code section 544A.18.

ITEM 11. Rescind 193B—Chapter 6 and adopt the following new chapter in lieu thereof:

CHAPTER 6
DISCIPLINARY ACTION AGAINST REGISTRANTS

193B—6.1(544A,272C) Disciplinary action. The architectural examining board has authority in Iowa Code chapters 544A, 17A and 272C to impose discipline for violations of these chapters and the rules promulgated thereunder.

193B—6.2(544A,272C) Investigation of complaints. The board shall, upon receipt of a complaint in writing, or may, upon its own motion, pursuant to other evidence received by the board, review and investigate alleged acts or omissions which the board reasonably believes constitute cause under applicable law or administrative rules. In order to determine if probable cause exists for a hearing on a complaint, the investigators designated by the president shall cause an investigation to be made into the allegations of the complaint. If the board determines that the complaint does not present facts which constitute a basis for disciplinary action, the board shall take no further action.

193B—6.3(544A,272C) Peer investigative committee. A peer investigative committee may be appointed by the president to investigate a complaint. The committee members will consist of one or more architects, serve at the discretion of the president, and shall have been registered to practice in Iowa for at least five years. The committee will review and determine the facts of the complaint and make a report to the board in a timely manner.

193B—6.4(544A,272C) Investigation report. Upon completion of the investigation, the investigator(s) shall prepare for the board’s consideration a report containing the position or defense of the registrant to determine what further action is necessary. The board may:

1. Order the matter be further investigated.

2. Allow the registrant who is the subject of the complaint an opportunity to appear before a committee of the board for an informal discussion regarding the circumstances of the alleged violation.

3. Determine there is no probable cause to believe a disciplinary violation has occurred and close the case.

4. Determine there is probable cause to believe that a disciplinary violation has occurred.

193B—6.5(544A,272C) Informal discussion. If the board considers it advisable, or if requested by the affected registrant, the board may grant the registrant an opportunity to appear before the board or a committee of the board for a voluntary informal discussion of the facts and circumstances of an alleged violation. The registrant may be represented by legal counsel at the informal discussion. The registrant is not required to attend the informal discussion.

Unless disqualification is waived by the registrant, board members who personally investigated a disciplinary complaint are disqualified from making decisions at a later formal hearing. Because board members generally rely upon staff, investigators, auditors, peer review committees, or expert consultants to conduct investigations, the issue rarely arises. An informal discussion, however, is a form of investigation because it is conducted in a question and answer format. In order to preserve the ability of all board members to participate in board decision making, registrants who desire to attend an informal discussion must therefore waive their right to seek disqualification of a board member or staff based solely on the board member’s or staff’s participation in an informal discussion. Registrants would not be waiving their right to seek disqualification on any other ground. By electing to attend an informal discussion, a registrant accordingly agrees that participating board members or staff are not disqualified from acting as a presiding officer in a later contested case proceeding or from advising the decision maker.

Because an informal discussion constitutes a part of the board’s investigation of a pending disciplinary case, the facts discussed at the informal discussion may be considered by the board in the event the matter proceeds to a contested case hearing and those facts are independently introduced into evidence. The board may seek a consent order at the time of the informal discussion. If the parties agree to a consent order, a statement of charges shall be filed simultaneously with the consent order.

193B—6.6(544A,272C) Decisions. The board shall make findings of fact and conclusions of law and may take one or more of the following actions:

6.6(1) Dismiss the charges.

6.6(2) Revoke the architect’s registration. In the event of a revocation, the registrant shall not be allowed to remain a partner or shareholder of a business entity if the law requires all partners or shareholders of such entity to be registered architects.

6.6(3) Suspend the registrant’s registration as authorized by law.

6.6(4) Impose civil penalties, the amount which shall be set at the discretion of the board but which shall not exceed $1000. Civil penalties may be imposed for any of the disciplinary violations specified in Iowa Code sections 544A.13 and 544A.15 and these rules. Factors the board may consider when determining whether to assess and the amount of civil penalties include:

a. Whether other forms of discipline are being imposed for the same violation.

b. Whether the amount imposed will be a substantial deterrent to the violation.

c. The circumstances leading to the violation.

d. The severity of the violation and the risk of harm to the public.

e. The economic benefits gained by the licensee as a result of the violation.

f. The interest of the public.

g. Evidence of reform or remedial action.

h. Time lapsed since the violation occurred.

i. Whether the violation is a repeat offense following a prior cautionary letter, disciplinary order, or other notice of the nature of the infraction.

j. The clarity of the issues involved.

k. Whether the violation was willful and intentional.

l. Whether the registrant acted in bad faith.

m. The extent to which the registrant cooperated with the board.

n. Whether the registrant practiced architecture with a lapsed, inactive, suspended or revoked certificate of registration.

6.6(5) Impose a period of probation, either with or without conditions.

6.6(6) Require reexamination, using one or more parts of the examination given to architectural registrant candidates.

6.6(7) Require additional professional education, reeducation, or continuing education.

6.6(8) Issue a citation and a warning.

6.6(9) Issue a consent order.

Voluntary surrender of registration is considered as disciplinary action.

These rules are intended to implement Iowa Code section 544A.13 and chapter 272C.

ITEM 12. Rescind 193B—Chapter 7 and adopt the following new chapter in lieu thereof:

CHAPTER 7
DISCIPLINARY ACTION—UNLICENSED PRACTICE

193B—7.1(544A,272C) Disciplinary action. The architectural examining board has authority in Iowa Code chapters 544A, 17A and 272C to impose discipline for violations of these chapters and the rules promulgated thereunder.

193B—7.2(544A,272C) Investigation of complaints. The board shall, upon receipt of a complaint in writing, or may, upon its own motion, pursuant to other evidence received by the board, review and investigate alleged acts which the board reasonably believes constitute cause under applicable law or administrative rules. In order to determine if probable cause exists for a hearing on a complaint, the investigators designated by the president shall cause an investigation to be made into the allegations of the complaint. If the board determines that the complaint does not present facts which constitute a basis for disciplinary action, the board shall take no further action.

193B—7.3(544A) Civil penalties against nonregistrant. The board may impose civil penalties by order against a person who is not registered as an architect pursuant to Iowa Code chapter 544A based on the unlawful practices specified in Iowa Code section 544A.15(3). In addition to the procedures set forth in Iowa Code section 544A.15(3), this rule shall apply.

7.3(1) The notice of the board’s intent to impose a civil penalty required by Iowa Code section 544A.15(3) shall be served upon the nonregistrant by restricted certified mail, return receipt requested, or personal service in accordance with Rule of Civil Procedure 56.1. Alternatively, the non–registrant may accept service personally or through authorized counsel. The notice shall include the following:

a. A statement of the legal authority and jurisdiction under which the proposed civil penalty would be imposed.

b. Reference to the particular sections of the statutes and rules involved.

c. A short, plain statement of the alleged unlawful practices.

d. The dollar amount of the proposed civil penalty.

e. Notice of the nonregistrant’s right to a hearing and the time frame in which hearing must be requested.

f. The address to which written request for hearing must be made.

7.3(2) Nonregistrants must request hearing within 30 days of the date the notice is mailed, if served through restricted certified mail to the last–known address, or within 30 days of the date of service, if service is accepted or made in accordance with Rule of Civil Procedure 56.1. A request for hearing must be in writing and is deemed made on the date of the United States Postal Service postmark or the date of personal service.

7.3(3) If a request for hearing is not timely made, the board chair or the chair’s designee may issue an order imposing the civil penalty described in the notice. The order may be mailed by regular first–class mail or served in the same manner as the notice of intent to impose civil penalty.

7.3(4) If a request for hearing is timely made, the board shall issue a notice of hearing and conduct a hearing in the same manner as applicable to disciplinary cases against registered architects.

7.3(5) In addition to the factors set forth in Iowa Code section 544A.15(3), the board may consider the following when determining the amount of civil penalty to impose, if any:

a. The time lapsed since the unlawful practice occurred.

b. Evidence of reform or remedial actions.

c. Whether the violation is a repeat offense following a prior warning letter or other notice of the nature of the infraction.

d. Whether the violation involved an element of deception.

e. Whether the unlawful practice violated a prior order of the board, court order, cease and desist agreement, consent order, or similar document.

f. The clarity of the issue involved.

g. Whether the violation was willful and intentional.

h. Whether the nonregistrant acted in bad faith.

i. The extent to which the nonregistrant cooperated with the board.

7.3(6) A nonregistrant may waive the right to hearing and all attendant rights and enter into a consent order imposing a civil penalty at any stage of the proceeding upon mutual consent of the board.

7.3(7) The notice of intent to impose civil penalty and order imposing civil penalty are public records available for inspection and copying in accordance with Iowa Code chapter 22. Copies may be provided to the media, the National Council of Architectural Registration Boards, and other entities. Hearings shall be open to the public.

These rules are intended to implement Iowa Code section 544A.15.

ITEM 13. Rescind and reserve 193B—Chapter 8 and 193B—Chapter 9.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on May 30, 2001, as ARC 0718B, amending Chapter 12, “Accreditation of Schools and School Districts,” Iowa Administrative Code.

The Notice was intended to improve student achievement for all students and to create welcoming environments in schools. Issues have been raised regarding the scope and authority of particular provisions of the Notice. As such, the State Board is terminating the rule making commenced in ARC 0718B and will renotice the proposed rules to incorporate appropriate changes and clarifications.

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

The revised chapter establishes a beginning teacher mentoring and induction program designed to assist school districts in support of beginning teachers. The program was established by the 79th General Assembly in 2001 Iowa Acts, Senate File 476 and House File 413.

A waiver provision is not included. The Department has adopted a uniform waiver rule.

Any interested party may make written suggestions or comments on the proposed amendments on or before July 18, 2001. Written materials should be directed to Mary Beth Schroeder Fracek, Administrative Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146, by fax to (515)242–6025, or by E–mailto marybeth.schroederfracek@ed.state.ia.us. Persons who wish to convey their views orally should contact Mary Beth Schroeder Fracek by telephone at (515)281–3160.

Persons may also present their views either orally or in writing at one of the following ICN public hearing sites. The hearings will be held July 18, 2001, from 10 to 11 a.m.

Any person who intends to attend a public hearing and requires special accommodations for specific needs, such as a sign language interpreter, should contact the Division ofEarly Childhood, Elementary and Secondary Education at (515)281–3333.

These amendments are intended to implement 2001 Iowa Acts, Senate File 476 and House File 413.

ITEM 1. Amend 281—Chapter 83, title, as follows:

CHAPTER 83
BEGINNING TEACHER MENTORING AND INDUCTION PROGRAM

ITEM 2. Amend rule 281—83.1(256E) as follows:

281—83.1(256E 79GA,SF476,HF413) Purpose. The beginning teacher mentoring and induction program is available to Iowa school districts as a means created to promote excellence in teaching, enhance student achievement, build a supportive environment within school districts, increase the retention of promising beginning teachers, and promote the personal and professional well–being of classroom teachers.

ITEM 3. Amend rule 281—83.2(256E) as follows:

281—83.2(256E 79GA,SF476,HF413) Definitions. For the purpose of these rules, the following definitions shall apply:

“Beginning teacher” means an individual serving under an initial provisional or conditional license, issued by the board of educational examiners under Iowa Code chapter 272, who is assuming a position as a classroom teacher new to the profession of teaching.

“Classroom teacher” means an individual who holds a valid practitioner’s license under Iowa Code chapter 272 and who is employed under a teaching contract with a school district or area education agency in the state of Iowa to provide classroom instruction to students.

“Department” means the department of education.

“District facilitator” means a professional licensed in Iowa who is appointed by a board to serve as the liaison between the board and the department for the beginning teacher induction program. an individual in Iowa who serves as a coordinator for a district mentoring and induction program.

“Mentor” means an individual, employed by a school district or area education agency as a classroom teacher or a retired teacher, who holds a valid practitioner’s license issued under Iowa Code chapter 272. and who is employed under a teaching contract with a school district or area education agency in the state of Iowa. This individual has been selected and trained to be a mentor. The individual must have a record of four years of successful teaching practice, must be employed as a classroom teacher with at least two of the four years on a nonprobationary basis, and must demonstrate professional commitment to both the improvement of teaching and learning, and the development of beginning teachers.

“School district” means a public school district.

“Teacher” means an individual holding a practitioner’s license issued under Iowa Code chapter 272, who is employed as a teacher, librarian, media specialist or counselor in a nonadministrative position by a school district pursuant to a contract issued by a board of directors under Iowa Code section 279.13. A teacher may be employed in both an administrative and a nonadministrative position by a board of directors and shall be considered a part–time teacher for the portion of time that the teacher is employed in a nonadministrative position.

ITEM 4. Amend rule 281—83.3(256E) as follows:

83.3(1) Area education agency models District participation. An area education agency shall prepare a model beginning teacher induction program plan and shall provide the model plan to each school district within its area. The plan shall include a model evaluation component by which a school district may measure the effectiveness of its program. The area education agency shall be responsible for monitoring effective practices, integrating those effective practices into the model, and continually updating the model based on those practices. The model shall include the components contained in the state–funded induction program. A school district is eligible to receive moneys appropriated for purposes specified in this chapter if the school board applies to the department to implement a beginning teacher mentoring and induction program in the manner prescribed by the department. A school district, with the coordination of a district facilitator, may provide a beginning teacher mentoring and induction program for all beginning teachers in the school years beginning July 1, 2001, July 1, 2002, and July 1, 2003. A beginning teacher shall be informed by the school district, prior to the beginning teacher’s participation in a mentoring and induction program, of the criteria upon which the beginning teacher shall be evaluated and of the evaluation process utilized by the school district. Upon successful completion of the program, the beginning teacher shall be comprehensively evaluated to determine if the teacher meets expectations to move to the career level. The school district shall recommend a beginning teacher who has successfully completed the program and a comprehensive evaluation for an educational license. A school district may offer a teacher a third year of participation in the program if, after conducting a comprehensive evaluation, the school district determines that the teacher is likely to successfully complete the mentoring and induction program by the end of the third year of eligibility. A teacher who is granted a third year of eligibility shall be provided with support for the district expectations for a career teacher through the district beginning teacher mentoring and induction program. The school district shall notify the board of educational examiners that the teacher will participate in a third year of the school district’s program. The teacher shall undergo a comprehensive evaluation at the end of the third year. For purposes of comprehensive evaluations for beginning teachers, including the comprehensive evaluation required for the beginning teacher to progress to career teacher, the criteria shall be based upon the models developed pursuant to 2001 Iowa Acts, Senate File 476, section 14, and established pursuant to Iowa Code chapter 20. A participating school district shall participate in state program evaluations.

83.3(2) Eligibility. District plan. All school districts are eligible to apply for funding. School districts eligible for the beginning induction program shall meet all of the following: Each participating school district shall develop a sequential two–year beginning teacher mentoring and induction plan based on the Iowa teaching standards. The plan shall be included in the school district’s comprehensive school improvement plan submitted pursuant to Iowa Code section 256.7, subsection 21.

a. District plan. A school district that wishes to participate in the program shall have the board adopt a beginning teacher mentoring and induction program plan and written procedures for the program. At the board’s discretion, the district may choose to use or revise the model plan provided by the area education agency or develop a plan locally. The components of a district written beginning teacher mentoring and induction program shall include, but are not limited to, the following:

(1) a. Goals for the program.

(2) b. A process for the selection of mentors.

(3) c. A description of the A mentor training process which shall:

1. (1) Be consistent with effective staff development practices and adult professional needs to include skills needed for classroom teaching, demonstration, and coaching.

2. (2) Describe Address mentor needs, indicating a clear understanding of the role of the mentor.

3. (3) Demonstrate Result in the mentor’s understanding of the personal and professional needs of new teachers.

4. (4) Demonstrate Provide the mentor’s mentor with an understanding of the district expectations for all teachers beginning teacher competencies based on the Iowa teaching standards.

5. (5) Facilitate the mentor’s ability to provide guidance and support to new teachers.

(4) d. A description of the A supportive organizational structure for beginning teachers which shall include:

1. (1) The activities Activities that shall provide access and opportunities for interaction between mentor and beginning teacher that at a minimum provide:

2. (2) The identification Selection process of who will be in the mentor/beginning teacher partnership.

3. (3) Supportive actions of the district Roles and responsibilities of the mentor.

(5) e. The evaluation Evaluation process for the program, which shall include:

(1) An evaluation of the district program goals,

(2) an An evaluation process that provides for the minor and major program revisions, and

(3) a A process for how information about the program will be provided to interested stakeholders.

(6) f. The process for dissolving mentor and beginning teacher partnerships.

(7) g. A plan that reflects the needs of the beginning teacher employed by the district.

(8) h. Activities designed to support beginning teachers:

ITEM 5. Amend rule 281—83.4(256E) as follows:

ITEM 6. Rescind and reserve rule 281—83.5(256E).

ITEM 7. Amend rule 281—83.6(256E) as follows:

281—83.6(256E 79GA,SF476,HF413) New teacher mentoring and induction program budget. Funds received by a school district from the beginning teacher mentoring and induction program shall be used for any or all of the following purposes:

1. To pay mentors as they implement the plan. A mentor in a beginning teacher induction program approved under this chapter shall be eligible for an award of $500 per semester, at a minimum, for full participation in the program. A district may use local dollars to increase the mentor award.

3. 2. To pay any applicable costs of the employer’s share of contributions to federal social security and the Iowa public employees’ retirement system for a pension and annuity retirement system established under Iowa Code chapter 294 for such amounts paid by the district.

These funds are miscellaneous funds or are considered encumbered. A school district shall maintain a separate listing within its budget for payments received and expenditures made for this program. Funds that remain unencumbered or unobligated at the end of the fiscal year will not revert, but will remain available for expenditure for the purposes of the program until the close of the succeeding fiscal year.

ITEM 8. Rescind and reserve rule 281—83.7(256E).

ITEM 9. Rescind and reserve rule 281—83.8(256E).

ITEM 10. Amend 281—Chapter 83, implementation sentence, as follows:

These rules are intended to implement Iowa Code Supplement chapter 256E as amended by 2000 Iowa Acts, Senate File 2452, section 25 2001 Iowa Acts, Senate File 476 and House File 413.

Notice of Official Publication Rate Increase
For the Fiscal Year Commencing
July 1, 2001, and Ending June 30, 2002

In accordance with Iowa Code section 618.11, the state printing administrator hereby publishes the lineage rate* for newspaper publications of any order, citation, or other publication required or allowed by law (also known as official publications) for the period commencing on July 1, 2001, and ending on June 30, 2002, in the following amounts:

*Lineage rate: “...each line of eight point type two inches in length, or its equivalent.” (Iowa Code section 618.11.)

One insertion = 35.1 cents

Each subsequent insertion = 23.8 cents

The rate becomes effective on July 1, 2001. The rate was determined by applying the formula specified in the statute. According to the federal Department of Labor, Bureau of Labor Statistics, the consumer price index for all urban consumers increased 3.3% from April 2000 to April 2001. The April index was the most recent index available as of June 7, 2001, the date on which this notice was submitted for publication.

Pursuant to Iowa Code section 618.11, this notice is exempt from the rule–making process in Iowa Code chapter 17A.

Questions with respect to this notice may be directed to:

Scott Bertness, State Printing Administrator

Iowa Department of General Services

Grimes State Office Building

Des Moines, Iowa 50319

Telephone: (515)281–5050

E–mail: scott.bertness@dgs.state.ia.us

Pursuant to Iowa Code section 515A.6(7), notice is hereby given that the National Council on Compensation Insurance has made a rate filing which affects the premium rates for workers’ compensation insurance.

The rate filing proposes an overall increase in premium level of 1.8%. The change reflects expected increases in costs due to the use of the American Medical Association’s 5th edition Guides used for evaluation of permanent impairment. The filing has a proposed effective date of September 1, 2001.

A workers’ compensation policyholder or an established organization with one or more workers’ compensation policyholders among its members may request a hearing before the Commissioner of Insurance regarding this rate filing. Such a request must be filed within 15 days of the date of this publication, that is, by July 12, 2001, and shall be made to the Commissioner of Insurance at the Insurance Division of the State of Iowa, 330 Maple, Des Moines, Iowa 50319. Absent

such a request, the Commissioner will issue an order concerning the rates within another 10 days, that is, by July 23, 2001.

Pursuant to the authority of Iowa Code section 516E.7, the Insurance Division gives Notice of Intended Action to rescind Chapter 23, “Motor Vehicle Service Contracts,” Iowa Administrative Code, and to adopt new Chapter 23 with the same title.

The Iowa Motor Vehicle Service Contracts Act (the Act) was transferred from Iowa Code chapter 321I to Iowa Code chapter 516E pursuant to 2000 Acts, chapter 1147, section 15. Proposed new Chapter 23 deletes unnecessary restatements of Iowa Code chapter 516E and clarifies existing provisions. Pursuant to Iowa Code section 516E.10(6), proposed rule 191—23.11(516E) adopts national standards for rebuilt parts used to repair motor vehicles covered by a motor vehicle service contract. The proposed rule also recognizes the vehicle manufacturers’ performance specifications and the minimum standards set by the Federal Trade Commission provisions set forth in Part 20 of Title 16, Section 20.3(b), regarding the process of rebuilding a part, as the applicable national standards.

Any interested person may make written suggestions or comments on the proposed rules on or before July 17, 2001. Comments should be directed to Dennis Britson, Director of the Insurance Division’s Regulated Industries Unit, by E–mail at dennis.britson@comm6.state.ia.us or by mail at the Iowa Securities Bureau, 340 Maple Street, Des Moines, Iowa 50319–0066.

This amendment is intended to implement Iowa Code chapter 516E.

The following amendment is proposed.

Rescind Chapter 23 and adopt the following new chapter in lieu thereof:

CHAPTER 23
MOTOR VEHICLE SERVICE CONTRACTS

191—23.1(516E) Purpose. This chapter is promulgated to implement and administer the provisions of Iowa Code chapter 516E, hereinafter referred to as the Act, which regulates the sale of motor vehicle service contracts.

191—23.2(516E) Applicability and scope. This chapter shall apply to all providers of motor vehicle service contracts issued, sold, or offered for sale in this state, such as automobile dealers who offer and sell motor vehicle service contracts and any third party administrators. This chapter also applies to all motor vehicle service contract reimbursement insurance policies issued by an insurer authorized to do business in this state.

191—23.3(516E) Application of insurance laws. The sale of a motor vehicle service contract shall not be deemed to include the sale of insurance. Thus, unless the provider is otherwise engaged in the sale of insurance, the provisions of the insurance laws of this state shall not be applicable to that provider. However, this rule shall not be construed to exempt any other warranties or service contracts other than motor vehicle service contracts, as defined in the Act, from the provisions of the insurance laws of this state.

23.4(1) The deputy administrator appointed under Iowa Code section 502.601 shall administer the Act. The superintendent of securities shall be the principal operations officer responsible to the commissioner for the routine administration of the Act and management of the administrative staff of the securities bureau.

23.4(2) In the absence of the commissioner, whether because of vacancy in the office, by reason of absence, physical disability, or other cause, the superintendent of securities shall be the acting administrator and shall, for the time being, have and exercise the authority conferred upon the commissioner. The commissioner may from time to time delegate to the superintendent of securities any or all of the functions assigned to the commissioner in the Act.

23.4(3) The superintendent of securities shall employ officers, attorneys, accountants, auditors, investigators, and other employees as shall be needed for the administration of the Act.

23.4(4) Upon request the commissioner may honor requests from interested persons for interpretative opinions.

191—23.5(516E) Public access to hearings. Every hearing in an administrative proceeding shall be open to the public unless by prior agreement all parties request that it be private.

23.6(1) The administrator shall keep a register of all filings and orders which have been entered. The register shall be open for public inspection.

23.6(2) Upon request and for a reasonable fee the administrator shall furnish to any person copies of any register entry or any document which is a matter of public record and not confidential. Copies shall be available during normal business hours and may be certified upon request. In any administrative, civil, or criminal proceedings, a certified copy is prima facie evidence of the contents of the document certified.

23.6(3) Pursuant to Iowa Code chapter 22, the administrator and the attorney general may keep confidential information obtained during an investigation or audit.

23.7(1) Prepaid envelope. The administrator may date–stamp and return material upon request if the filing is accompanied by a self–addressed envelope large enough to return the date–stamped material and with sufficient prepaid postage.

23.7(2) Annual filing—late filing fee. If the annual filing required by Iowa Code section 516E.3 is not filed or postmarked by the first day of August, the filing fee shall be accompanied by a late fee of $25. If the annual filing is not filed or postmarked by the first day of September, the filing shall be accompanied by a late fee of $50.

191—23.8(516E) Fees. The following fees are established by the commissioner:

1. Annual filing fee $100.00

2. Certification $ 5.00

3. Filing fee (filed or postmarked
after August 1) $125.00

4. Filing fee (filed or postmarked
after September 1) $150.00

5. Filing fee (filed or postmarked after
August 1 and sales occurred) $325.00

6. Filing fee (filed or postmarked after
September 1 and sales occurred) $350.00

7. Name change $ 10.00

8. Record copies (per page) $ 0.50

9. Printout of providers $ 10.00

10. Printout of insurance companies $ 10.00

All fees are nonrefundable.

191—23.9(516E) Forms. Copies of all required forms and instructions may be obtained from the Securities Bureau, 340 Maple Street, Des Moines, Iowa 50319–0066. The public shall use Form MV–1, Notice of Annual Filing, when dealing with the bureau, unless this requirement is waived by the administrator. Computer–generated information may be accepted upon request. Incomplete forms will not be processed and will be returned to the sender.

191—23.10(516E) Prohibited acts—unfair discrimination or trade practices. A motor vehicle service contract provider shall not make or permit any unfair discrimination between individuals of the same class in the rates charged for any contract, in the benefits received thereunder, in any of the terms or conditions of such contract, or in any other manner.

23.11(1) Used parts. Unless the parts were rebuilt in accordance with 23.11(2), a motor vehicle service contract provider may not use used parts to repair a motor vehicle covered by a motor vehicle service contract without prior written authorization by the vehicle owner.

23.11(2) Rebuilt parts. A motor vehicle service contract provider may not use rebuilt parts to repair a motor vehicle covered by a motor vehicle service contract unless:

a. The parts have been dismantled and reconstructed as necessary;

b. All of the internal and external parts have been cleaned and made free from rust and corrosion;

c. All impaired, defective, or substantially worn parts have been restored to a sound condition or replaced with new, rebuilt, or unimpaired used parts;

d. All missing parts have been replaced with new, rebuilt, or unimpaired used parts;

e. All necessary operations such as rewinding or machining have been performed; and

f. The parts have been put in working condition, using, if publicly available, the manufacturer’s performance specifications in existence when the parts were originally manufactured as minimum standards.

191—23.12(516E) Violations. Any violation of these rules shall be considered a violation of Iowa Code chapter 516E and shall be subject to the provisions of Iowa Code sections 516E.6, 516E.13, and 516E.15.

23.13(1) Any member of the public or any federal, state, or local official may make and file a complaint with the administrator. The administrator shall process each complaint made against any provider which alleges certain acts or practices which may constitute one or more violations of the Act or this chapter. Complaints received from sources outside the state of Iowa shall be processed in the same manner as those originating in Iowa.

23.13(2) Complaints may be mailed or delivered to the following address: Regulated Industries Unit, Securities Bureau, 340 Maple Street, Des Moines, Iowa 50319–0066.

23.13(3) All complaints shall be made in writing and shall fully identify the complainant by name and address. If required by the administrator, complaints shall be made on forms prescribed and provided by the administrator.

23.13(4) Oral or telephone communications may not be considered or processed as complaints. However, any member of the administrator’s staff may make and file a complaint based upon information and belief in reliance upon oral, telephone, or written communications received by the administrator.

These rules are intended to implement Iowa Code chapter 516E.

Pursuant to the authority of Iowa Code sections 17A.3(1)“b” and 16.5(17), the Iowa Finance Authority proposes to amend Chapter 12, “Low–Income Housing Tax Credits,” Iowa Administrative Code.

These amendments replace the current qualified allocation plan for the Low–Income Housing Tax Credit Program incorporated by reference in rule 12.1(16).

The qualified allocation plan sets forth the purpose of the plan, the administrative information required for participation in the program, the threshold criteria, the selection criteria, the postreservation requirements, the appeal process, and the monitoring compliance component. The plan also establishes the fees for filing an application for low–incomehousing tax credits and for compliance monitoring. Copies of the qualified allocation plan are available upon request from the Authority and are available electronically on the Authority’s Web site. The address for the Authority’s Web site is www.ifahome.com. It is the Authority’s intent to incorporate the updated qualified allocation plan by reference consistent with Iowa Code chapter 17A and 265—subrules 17.4(2) and 17.12(2).

The Authority does not intend to grant waivers under the provisions of any of these rules. The qualified allocation plan is subject to state and federal requirements that cannot be waived. (See IRC Section 42 and Iowa Code section 16.52.) Moreover, due to the competitive nature of the award of low–income housing tax credits, waiver would create unevenness in the application of the rules and would expose the Authority to liability.

Consistent with Executive Order Number 9, the Authority has considered the regulatory principles identified in this order and finds that the proposed amendments will serve an important public need in furthering the housing policy of the state to encourage the production and availability of affordable housing in Iowa.

The Authority will receive written comments on the proposed amendments until 3:30 p.m. on August 22, 2001. Comments may be addressed to Donna M. Davis, Director, Housing Programs/Deputy Director, Iowa Finance Authority, 100 East Grand, Suite 250, Des Moines, Iowa 50309. Comments may be faxed to Donna Davis at (515)242–4957. Comments may be E–mailed to Donna Davis at donna.davis@ifa.state.ia.us.

The Authority will hold a public hearing on August 22, 2001, to receive comments on these amendments. The public hearing will be held over the Iowa Communications Network beginning at 10 a.m. with the originating site at the Iowa Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa.

The following are the ten remote ICN sites where members of the public may attend the public hearing and make comments on these amendments:

Cedar Rapids—Metro High School

Room 208, 1212 7th Street SE

Cedar Rapids

Council Bluffs—Lewis Central High School

Media Center

3601 Highway 275

Council Bluffs

Creston—Southwestern Community College

Room Number 107, Technical Center

1501 West Townline Road

Creston

Davenport—Central High School

Annex Building

1120 Main Street

Davenport

Dubuque—Carnegie–Stout Public Library

360 W. 11th Street

Dubuque

Fort Dodge—Fort Dodge High School

Room Number 12

819 N. 25th Street

Fort Dodge

Mason City—North Iowa Area Community College

Room Number 128, Careers Building

500 College Drive

Mason City

Ottumwa—Indian Hills Community College

Advanced Technology Center, Room 107

525 Grandview Avenue

Ottumwa

Sioux City—Western Iowa Tech Community College

Room Number 127B, Building B

4647 Stone Avenue

Sioux City

Waterloo—Hawkeye Community College

Room 110, Tama Hall

1501 E. Orange Road

Waterloo

Members of the public who wish to attend the hearing at the originating site must preregister. Registration forms may be obtained from IFA’s Web site at www.ifahome.com.

The Authority anticipates that it may make changes to these amendments based on comments received from the public.

These amendments are intended to implement Iowa Code sections 16.4(3), 16.52, 17A.12, and 17A.16 and IRC Section 42.

The following amendments are proposed.

ITEM 1. Amend rule 265—12.1(16) as follows:

265—12.1(16) Qualified allocation plan. The qualified allocation plan entitled Iowa Finance Authority Low–Income Housing Tax Credit Program 2002 Qualified Allocation Plan effective July 14, 2001 October 10, 2001, shall be the qualified allocation plan for the distribution of low–income housing tax credits consistent with IRC Section 42 and the applicable Treasury regulations and Iowa Code section 16.52. The qualified allocation plan includes the plan, application, and the application instructions. The qualified allocation plan is incorporated by reference pursuant to Iowa Code section 17A.6 and 265—subrules 17.4(2) and 17.12(2).

ITEM 2. Amend rule 265—12.2(16) as follows:

265—12.2(16) Location of copies of the plan. The qualified allocation plan can be reviewed and copied in its entirety on the authority’s Web site at http://www.ifahome.com. Copies of the qualified allocation plan, application, and all related attachments and exhibits shall be deposited with the administrative rules coordinator and at the state law library. The plan incorporates by reference IRC Section 42 and the regulations in effect as of July 14, 2001 October 10, 2001. Additionally, the plan incorporates by reference Iowa Code section 16.52. These documents are available from the state law library and links to these statutes, regulations and rules are on the authority’s Web site. Copies are available upon request at no charge from the authority.

Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Board of Nursing hereby gives Notice of Intended Action to rescind Chapter 2, “Nursing Education Programs,” Iowa Administrative Code, and adopt a new Chapter 2 with the same title.

These proposed rules:

1. Update definitions to reflect current trends in nursing education, i.e., distance learning and discontinuation ofhospital–based diploma programs, and add a definition of “curriculum.”

2. Require board–approved nursing programs leading to advanced registered nurse practitioner registration to be at the master’s or post–master’s levels.

3. Expand the definition of “faculty” to include individ–uals who teach nursing in a nursing program on the basis of education, licensure or practice as a registered nurse.

4. Update accrediting agencies to reflect current practices.

5. Link curricula to scope of practice of the licensed practical nurse, registered nurse, and advanced registered practical nurse identified in 655—Chapters 6 and 7.

6. Identify program responsibility to notify students and prospective students of instances when a course with a clinical component may not be taken (relocated from Chapter 3).

7. Reduce the faculty–to–student ratio in the prelicensure program from 1:10 to 1:8 when direct patient care is provided.

8. Require programs to seek board approval for changes that reduce the human, physical or learning resources provided by the controlling institution to meet program needs.

9. Require programs to notify the Board of plans to deliver a cooperative program of study in conjunction with an institution that does not provide a degree in nursing.

Any interested person may make written comments or suggestions on or before September 19, 2001. Such written materials should be directed to the Executive Director, Board of Nursing, RiverPoint Business Park, 400 S.W. Eighth Street, Suite B, Des Moines, Iowa 50309–4685. Persons who want to convey their views orally should contact the Executive Director at (515)281–3256 or in the Board office at 400 S.W. Eighth Street by appointment.

There will be a public hearing on September 19, 2001, at5 p.m. in the Ballroom of the Kirkwood Civic Center Hotel, Fourth and Walnut, Des Moines, Iowa. Persons may present their views at the public hearing either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed rules.

These rules are intended to implement Iowa Code section 152.5 and chapter 152E.

The following amendment is proposed.

Rescind Chapter 2 and adopt the following new chapter in lieu thereof:

CHAPTER 2
NURSING EDUCATION PROGRAMS

655Approval” means recognition status given to nursing education programs based on their compliance with the criteria specified in this chapter.

“Clinical facilities” means resources that provide experiences with or related to patients/clients for application and reinforcement of didactic content.

“Clinical nurse preceptor” means a registered nurse or licensed practical nurse practicing in a clinical setting who serves for a specified period of time as a role model and clinical resource person to an individual enrolled in an approved nursing education program.

“Controlling institution” means the institution that has authority and administrative accountability for the program(s).

“Curriculum” means didactic and clinical educational experiences developed, implemented and evaluated by faculty to facilitate achievement of program objectives and meet the learning needs of students.

“Faculty” means the teaching staff in nursing. “Faculty” also means individuals who teach nursing in a nursing education program or who are hired to teach in a program on the basis of education, licensure or practice as a registered nurse. This definition includes anyone who provides didactic or clinical instruction in nursing when assigned by the program to provide this instruction for courses in the curriculum. The definition applies regardless of the amount of time spent teaching, level of payment, type of contract, temporary nature of the position, or location of the learner.

“Head of the program” means the dean, chairperson, director, or coordinator of the nursing education program(s) who is responsible for the administration of the program(s).

“NCLEX^®” means the National Council Licensure Examination, the examination currently used for initial licensure as a registered nurse or licensed practical nurse.

“Program” means a course of study that leads to a nursing diploma, degree or certificate. Multiple–site programs offered by one controlling institution shall be considered one program if the philosophy and curriculum of all the sites are the same. Programs eligible for board approval shall include all of the following:

1. At least a one academic year course of study or its equivalent in theory and practice as described by the board that leads to a diploma in practical nursing and to eligibility to apply for practical nurse licensure by examination as described in 655—Chapter 3.

2. At least a two academic year course of study or its equivalent in theory and practice as described by the board that leads to a degree in nursing and to eligibility to apply for registered nurse licensure by examination as described in 655—Chapter 3.

3. A course of study designed for registered nurses that leads to a baccalaureate degree with a major in nursing.

4. A postbaccalaureate course of study that leads to a master’s degree with a major in nursing.

5. A course of study designed for registered nurses that leads to a master’s degree with a major in nursing.

6. A course of study designed for registered nurses who hold a master’s degree in nursing that leads to a certificate in advanced practice nursing. When the certificate is in a clinical specialty area, the course of study shall lead to eligibility to apply for certification in the clinical specialty by a national professional nursing organization approved by the board and to eligibility for registration as an advanced registered nurse practitioner as described in 655—Chapter 7.

7. A post–master’s course of study that leads to a doctoral degree with a major in nursing.

2.2(1) The board shall determine the approval status of each program. The board shall review all programs within a controlling institution at the same time when feasible. The board shall provide written documentation of program approval status to the head of the program and the controlling institution.

2.2(2) Interim approval. Interim approval shall be granted to a new program that meets the requirements specified in this rule.

a. A controlling institution that proposes to establish or reopen a program shall:

(1) Submit a written statement of intent to the board at least nine months prior to the expected opening date.

(2) Utilize an advisory committee composed of representatives of the community and nursing. Minutes of meetings shall be on file.

(3) Submit the following information to the board at least six months prior to the expected opening date:

1. Program philosophy, objectives and purpose that reflect the proposed level of education.

2. Organizational chart.

3. Budget that demonstrates sufficient financial resources to plan, implement and sustain the program.

4. Curriculum that meets the criteria in rule 2.5(152).

5. Evidence of provision of educational facilities and services that enable the program to meet its objectives and the learning needs of students.

6. Evidence of availability of clinical facilities and resources to meet curriculum objectives.

7. Evidence of provision of qualified faculty as defined in rule 2.6(152).

8. Tentative time schedule for planning and implementing the program.

b. The board may conduct a site visit to the controlling institution and clinical facilities to validate information submitted by the program prior to determining interim approval status.

c. The board shall grant interim approval, deny interim approval, or seek additional information, based upon review of the statement of intent, written information submitted by the program, and the written report of a site visit if conducted.

d. The head of the program shall be employed by the controlling institution for a minimum of six months prior to the expected opening date.

e. Faculty shall be employed by the controlling institution prior to the beginning of teaching assignments. Sufficient time shall be allowed for orientation and preparation for teaching. Faculty members who teach nursing shall meet the qualifications outlined in subrule 2.6(2).

f. The head of the program shall submit nine copies of a progress report at least three weeks prior to each regularly scheduled board meeting until full approval as described in subrule 2.2(3) is granted by the board.

g. The controlling institution shall publish the interim approval status of the program.

h. Interim approval shall continue until the board reviews the program following graduation of the first class and submission of results of the national examinations for licensure or advanced practice certification, if applicable.

2.2(3) Approval procedure.

a. The board shall provide to the program the schedule and criteria for approval. The board shall provide supporting information upon request.

b. The program shall provide to the board a self–assessment report that addresses all aspects of the program outlined in rules 2.3(152) to 2.9(152) and that documents how the criteria for approval are met. Documentation may include current information submitted by the program to other approving and accrediting entities.

c. A representative of the board shall make a site visit to the program prior to expiration of approval status or if there is evidence that the program does not meet the criteria for approval. The purpose of a site visit is to determine if the program meets the criteria for approval. The site visit may be conducted jointly with representatives of other approving and accrediting entities. The board may conduct a site visit to clinical facilities used for student learning experiences.

d. The board shall provide to the head of the program a report addressing the self–assessment and site visit. The head of the program shall be provided an opportunity to respond. The report and program response shall be submitted for board review.

e. The board shall determine the approval status of the program.

(1) Full approval may be granted or continued for up to six years.

(2) Provisional approval may be granted to a program that has had interim or full approval if the board determines that the program does not meet the criteria for approval. The board shall:

1. Meet with representatives of the program prior to the program’s placement on provisional approval to determine the length of provisional approval and to identify outcomes and time limits. The board may require progress reports and a site visit.

2. Meet with representatives of the program prior to expiration of the program’s provisional approval to determine if outcomes are met.

3. Deny or withdraw approval if the board determines that the program failed to meet the conditions for approval.

2.2(4) Closure of an approved program. Prior to program closure, the controlling institution shall submit a written plan for board approval. The plan shall include reasons for closure, and date of closure defined as the date when the last student graduates. The plan shall also address provision for graduation of enrolled students, retention of adequate numbers of qualified faculty, retention of approved curriculum, maintenance of educational resources and student services, and provision for student and graduate transcripts. When a program plans to close prior to graduation of the enrolled students who are actively taking nursing courses, the plan shall be submitted to the board at least 12 months prior to closure. The board may shorten the 12–month time period if the board determines that the controlling institution has made adequate provisions for enrolled students.

a. Voluntary closure. The program shall continue to meet the criteria for board approval until all enrolled students have graduated or the board has approved a plan for closure prior to graduation of the students. The board may require progress reports during the closure process.

b. Closure as a result of denial or withdrawal of board approval. The controlling institution shall implement the time frame established by the board for transfer of enrolled students to an approved program and report to the board the date of transfer for each student by name. Program closure shall occur when the last student has transferred. The board may require progress reports during the closure process.

c. Record storage. Prior to closure, the controlling institution shall notify the board of the location and maintenance of student and graduate transcripts and records.

2.3(1) The program shall meet the following criteria:

a. Authorization. Authorization for conducting a program is granted in accordance with Iowa Code chapter 261B. Such authorization is provided by the Iowa secretary of state.

b. Authority and administrative responsibility. The authority and administrative responsibility of the program shall be vested in the head of the program who is responsible to the controlling institution.

c. Organizational chart. The organization chart(s) shall clearly indicate the lines of authority and communication within the program and with the central administration, other units within the controlling institution, cooperating agencies, and advisory committees.

d. Finances.

(1) The controlling institution shall allocate adequate funds to carry out the purposes of the program.

(2) The head of the program shall prepare the budget with the assistance of the faculty.

e. Ethical practices. Ethical practices and standards, including those for recruitment and advertising, shall be consistent with those of the controlling institution and shall be made available to students and prospective students.

f. Contractual agreements. Written contractual agreements shall exist between the program and the clinical facilities. The agreements shall include:

(1) Identification of responsibilities of both parties related to patient or client services.

(2) Faculty control, selection and guidance of student learning experiences.

(3) Provision for termination of the agreement.

(4) Provision for annual review.

g. Accrediting and approving agencies.

(1) The controlling institution or program shall be accredited by the Higher Learning Commission of the North Central Association of Colleges and Schools.

(2) When the program is located in a community college, the controlling institution shall be approved by the Iowa department of education.

(3) When the program is offered under the auspices of the United States armed forces, it shall be accredited by the U.S. Department of the Army.

h. Philosophy/mission and objectives. The faculty shall develop a philosophy or mission statement and objectives that shall be:

(1) Consistent with the philosophy or mission of the controlling institution.

(2) Reflective of faculty beliefs about nursing, education and professional standards.

(3) A guide in the development, implementation and evaluation of the program.

(4) Available to students and prospective students.

i. Program evaluation. A written plan shall outline the evaluation process for all aspects of the program and identify the methodology, tools, responsible parties and time frame. Evidence of implementation shall reflect achievement of program objectives.

2.3(2) The head of a program shall meet the following requirements:

a. Current licensure as a registered nurse in Iowa. An individual is currently licensed when licensed in another state and recognized for licensure in Iowa pursuant to the nurse licensure compact contained in Iowa Code chapter 152E.

b. Two years of experience in clinical nursing.

c. Two years of experience in nursing education.

d. Academic qualifications:

(1) The head of a program who was employed on July 1, 1992, shall be considered adequately prepared as long as that person remains in that position.

(2) The head of a program hired after July 1, 1992, shall have a master’s or doctoral degree with a major in nursing at either level at the time of hire. The date of hire is the first day employed as head of the program with compensation at a particular nursing education program.

(3) If a program offers a baccalaureate or higher degree in nursing, the head of the program shall have a doctoral degree at the time of hire.

e. Submission of qualifications to the board office within one month of appointment.

f. The nursing education programs in the community colleges shall have one head of the program per community college district.

655—2.4(152) Resources of the controlling institution. The controlling institution is responsible for provision of resources adequate to meet program needs.

a. Human resources. Human resources shall include the following:

(1) Head of program.

(2) Faculty.

(3) Secretarial and other support and staff services to ensure appropriate use of faculty time and expertise.

b. Physical resources. Physical resources may include the following:

(1) Classrooms, conference rooms, laboratories, offices, and equipment.

(2) Student facilities.

c. Learning resources. Learning resources shall include the following:

(1) Library.

(2) Print media.

(3) Computer–mediated resources.

2.5(1) The curriculum of a program shall:

a. Reflect the philosophy/mission and objectives of the program.

b. Identify program outcomes.

c. Reflect current nursing, education, and professional standards.

d. Be consistent with the laws governing the practice of nursing.

e. Ensure sufficient preparation for the safe and effective practice of nursing.

f. Include teaching/learning experiences and strategies that meet curriculum objectives.

g. When offered within a college or university:

(1) Be comparable to the quality and requirements of other degree programs within the college or university.

(2) Be planned within the college or university calendar.

(3) Assign credit hours for lecture and clinical or laboratory experience that are consistent with the college or university pattern.

2.5(2) Prelicensure programs.

a. The curriculum of a program leading to eligibility for initial licensure as a licensed practical nurse or registered nurse shall include:

(1) Content that is consistent with the practice of nursing as defined in Iowa Code section 152.1.

(2) Content and learning experiences in nursing of clients throughout the life span during acute, episodic, and chronic illnesses and at the end of life.

(3) Opportunity to participate in the nursing process and to develop skill in direct patient care, problem solving methodologies, clinical judgment, communication, and use of current equipment and technology.

(4) Content in nursing history and trends, including professional, legal, and ethical aspects.

(5) Supporting content from the natural and social sciences.

b. In addition to the requirements identified in paragraph “a,” the curriculum of a program leading to a diploma in practical nursing and to eligibility to apply for practical nurse licensure by examination shall:

(1) Be consistent with the legal implications within the scope of practice of a licensed practical nurse as outlined in rules 655—6.3(152) and 655—6.6(152).

(2) Focus on supportive or restorative care provided under the supervision of a registered nurse or physician pursuant to Iowa Code section 152.1(4).

(3) Provide content and learning experiences in medical, surgical, and gerontological nursing and nursing of childbearing families and children.

c. In addition to the requirements identified in paragraph “a,” the curriculum of a program leading to a degree in nursing and to eligibility to apply for registered nurse licensure by examination shall:

(1) Be consistent with the legal implications within the scope of practice of a registered nurse as outlined in rules 655—6.2(152) and 655—6.7(152).

(2) Focus on attaining, maintaining, and regaining health for individuals and groups by utilizing principles of leadership, management, and client education.

(3) Provide content and learning experiences in health promotion, illness prevention, and rehabilitation in the areas of medical, surgical, mental health, and gerontological nursing, nursing of childbearing and childrearing families, and nursing of children.

(4) Include nursing research and community health nursing when the program leads to a baccalaureate, master’s or doctoral degree.

2.5(3) Postlicensure programs for registered nurses who do not hold a baccalaureate degree in nursing.

a. The curriculum of a program that leads to a baccalaureate degree in nursing shall include content and learning experiences in nursing that will enable the student to achieve competencies comparable to outcomes of baccalaureate education.

b. The curriculum of a program that leads to a master’s degree in nursing shall include content and learning experiences in nursing that will enable the student to achieve competencies comparable to outcomes of baccalaureate education and master’s education.

2.5(4) Master’s, post–master’s, and doctoral programs for registered nurses who hold a baccalaureate degree in nursing.

a. The curriculum of a program leading to a master’s or doctoral degree in nursing shall include in–depth study of:

(1) Nursing science, including didactic content, learning experiences and research.

(2) Advanced role areas in nursing.

b. The curriculum of a program leading to a master’s degree or post–master’s certificate in a nursing clinical specialty area, eligibility to apply for certification in the specialty area by a national professional nursing organization approved by the board, and registration as an advanced registered nurse practitioner shall:

(1) Be consistent with the legal implications within the scope of practice of the advanced registered nurse practitioner as described in 655—Chapter 7.

(2) Include advanced didactic content and learning experiences in a specialty area of nursing.

2.5(5) Nursing courses with a clinical component. The nursing program shall notify students and prospective students that nursing courses with a clinical component may not be taken by a person:

a. Who has been denied licensure by the board.

b. Whose license is currently suspended, surrendered or revoked in any United States jurisdiction.

c. Whose license/registration is currently suspended, surrendered or revoked in another country due to disciplinary action.

2.6(1) Program requirements. The program shall provide:

a. A sufficient number of faculty who satisfy the requirements in subrule 2.6(2) to meet program objectives.

b. Written personnel policies and position descriptions.

c. A faculty development program that furthers the competence of individual faculty members and the faculty as a whole.

d. A written teaching–load policy.

e. A nursing faculty organization that operates according to written bylaws and meets on a regular basis. Minutes shall be available for reference.

f. In a prelicensure program, a ratio of one faculty member to a maximum of eight students in practice situations involving direct patient care after September 1, 2002.

2.6(2) Faculty member requirements. A faculty member who teaches nursing shall meet the following requirements:

a. Current licensure as a registered nurse in Iowa prior to teaching. An individual is currently licensed when licensed in another state and recognized for licensure in Iowa pursuant to the nurse licensure compact contained in Iowa Code chapter 152E.

b. Two years of experience in clinical nursing.

c. Academic qualifications:

(1) A faculty member who was employed on July 1, 1992, shall be considered adequately prepared as long as that faculty member remains in that position. A faculty member who was hired to teach in a prelicensure registered nurse program after July 1, 1992, shall have at least a baccalaureate degree with a major in nursing or in an applicable field at the time of hire. This person shall make annual progress toward the attainment of a master’s or doctoral degree with a major in nursing or in an applicable field. One degree shall be in nursing.

1. Applicable fields include but are not limited to edu–cation, counseling, psychology, sociology, health education, health administration, and public health. A person who wishes to fulfill this requirement with education in an applicable field not listed may petition the board for a determination of applicability.

2. The date of hire is the first day employed with compensation at a particular nursing education program.

3. Annual progress means a minimum of one course per year taken as part of an organized plan of study.

(2) A faculty member who was hired to teach after July 1, 1992, in a practical nursing program or the first level of an associate degree nursing program with a ladder concept shall have a baccalaureate or higher degree in nursing or in an applicable field at the time of hire.

(3) A registered nurse hired to teach in a master’s program shall hold a master’s or doctoral degree with a major in nursing at the time of hire. A registered nurse teaching in a clinical specialty area shall hold a master’s degree with a major in nursing, advanced level certification by a national professional nursing organization approved by the board in the clinical specialty area in which the individual teaches, and current registration as an advanced registered nurse practitioner according to the laws of the state(s) in which the individual teaches. Faculty preparation at the doctoral or terminal degree level shall be consistent with the mission of the program.

(4) A faculty member hired only to teach in the clinical setting shall be exempt from subparagraphs (1) and (2) if the faculty member is closely supervised to ensure proper integration of didactic content into the clinical setting. If hired after July 1, 1992, a faculty member hired to teach only in the clinical setting shall have a baccalaureate degree in nursing or in an applicable field or shall make annual progress toward the attainment of such a degree.

(5) Pursuant to 655—Chapter 15, the head of a program may petition the board for a waiver of the requirements in subrules 2.3(2) and 2.6(2). Following review of the circumstances and effort by the program to meet the requirements, the board may issue a waiver for a specified period of time and indicate conditions that must be met.

2.6(3) Functions of faculty. Faculty members shall:

a. Develop, implement, and evaluate the purpose,philosophy/mission, and objectives of the program.

b. Design, implement, evaluate, and revise the curriculum.

c. Provide students with written policies as specified in subrule 2.7(1).

d. Participate in academic advising and guidance of students.

e. Provide for admission, progression, and graduation of students.

f. Provide for student, self, and peer evaluation of teaching effectiveness.

g. Participate in activities to ensure competency in area(s) of responsibility.

2.7(1) Policies affecting students. Programs shall provide for the development, implementation and communication of the following student policies concerning:

a. Admission/enrollment. Licensure if applicable according to subrule 3.2(1).

b. Transfer or readmission.

c. Withdrawal.

d. Progression.

e. Grading system.

f. Suspension or dismissal.

g. Graduation.

h. Health.

i. Counseling.

j. Grievance procedure.

2.7(2) Information about the program and controlling institution. The following information shall be published at least every two years:

a. Philosophy/mission and objectives of the program.

b. General description of the program.

c. Curriculum plan.

d. Course descriptions.

e. Resources.

f. Faculty.

g. Tuition, fees and refund policies.

h. Ethical practices, including recruitment and advertising.

i. Official dates.

2.7(3) Program records. The following records shall be dated and maintained according to the policies of the controlling institution:

a. Course syllabi.

b. Minutes.

c. Faculty personnel records.

d. Catalogs and program bulletins.

2.7(4) Student and graduate records.

a. Policies shall specify methods for permanent maintenance and protection of records against loss, destruction, and unauthorized use.

b. The final record shall include the official transcript and a summative performance statement.

(1) The final official transcript shall include:

1. Legal name of student.

2. Dates of admission, completion of the program and

graduation.

3. Courses that were accepted for transfer.

4. Evidence of authenticity.

(2) The summative performance statement shall relate the performance of the student at the time of graduation to the program objectives.

2.8(1) The clinical facilities shall provide learning experiences that meet curriculum objectives.

2.8(2) The program shall provide information to the board about clinical facilities used for learning experiences.

a. The clinical facilities shall be accredited/approved by the appropriate agencies.

b. There shall be evidence that student experiences are coordinated when more than one program uses the same facility.

2.9(1) Clinical nurse preceptors shall be selected by the nursing program in collaboration with a clinical facility to provide supportive learning experiences consistent with curriculum objectives.

2.9(2) The qualifications of clinical nurse preceptors shall be appropriate to support the philosophy/mission and goals of the program.

a. The clinical nurse preceptor shall be employed by or maintain a current written agreement with the clinical facility in which a preceptored experience occurs.

b. The clinical nurse preceptor shall be currently licensed as a registered nurse or licensed practical nurse according to the laws of the state in which the preceptor practices.

c. The clinical nurse preceptor shall function according to written policies for selection, evaluation and reappointment developed by the program. Written qualifications shall address educational preparation, experience and clinical competence.

d. The program shall be responsible for informing the clinical nurse preceptor of the responsibilities of the preceptor, faculty and students. The program shall retain ultimate responsibility for student learning and evaluation.

2.9(3) The program shall inform the board of clinical nurse preceptorship learning experiences.

a. Written preceptorship agreements shall be reviewed annually by the program.

b. The board may conduct a site visit to settings in which preceptorship experiences occur.

c. The rationale for the ratio of students to preceptors shall be documented by the program.

2.9(4) An individual who is not a registered nurse or a licensed practical nurse may serve as a preceptor when appropriate to the philosophy/mission and goals of the program.

655—2.10(152) Results of graduates who take the licensure examination for the first time. The program shall notify the board when the program or district national licensure examination passing percentage is lower than 95 percent of the national passing percentage for two consecutive calendar years. The NCLEX^® passing percentage shall be based on all first–time applicants for registered nurse or licensed practical nurse licensure in any jurisdiction who take the examination within six months of graduation. Upon notification by the program, the board shall implement the following process:

2.10(1) The program shall submit to the board within six months an institutional plan for assessment and improvement of NCLEX^® results, including outcomes and time lines. The plan shall address administration, faculty, students, curriculum, resources, policies and the nursing advisory committee.

2.10(2) The program shall submit annual progress reports to the board while the NCLEX^® passing percentage remains below 95 percent of the national passing percentage.

2.10(3) The board may initiate provisional program approval as specified in subrule 2.2(3) if the program or district NCLEX^® passing percentage does not equal or exceed 95 percent of the national passing percentage within two calendar years.

2.11(1) Annual reports. The board shall provide information to the program about the requirements of the report. The head of the program shall submit an annual report that includes:

a. Progress toward achievement of goals identified by the program for the previous academic year.

b. Qualifications and major responsibilities of the head of the program and each faculty member.

c. Policies for admission, progression and graduation of

students.

d. Policies for student health and welfare.

e. Current enrollment by class/cohort.

f. Number of admissions and graduations per year for the past five years.

g. Passing percentages of graduates on the national licensure examinations for the past five years.

h. Employment data for graduates.

i. Curriculum plan.

j. Descriptions of resources, clinical facilities, preceptorship experiences and contractual arrangements.

k. Copy of audited fiscal reports, including a statement of income and expenditures.

l. Goals for the current academic year.

m. Catalog of the controlling institution or program.

2.11(2) Special reports. The program shall notify the board of the following:

a. Change of controlling institution. Information shall include official name of the program(s) and controlling institution, organizational chart of the controlling institution and names of administrative officials.

b. Changes in administrative personnel in the program or controlling institution.

c. Opening of a new site or campus.

2.11(3) Changes requiring board approval and notification.

a. The program shall submit nine copies of a proposed change for board approval at least three weeks prior to the next scheduled board meeting when the outcome will:

(1) Lengthen or shorten the course of study.

(2) Add or delete academic credit in a course required for graduation.

(3) Alter graduation requirements.

(4) Reduce the human, physical or learning resources provided by the controlling institution to meet program needs as described in rule 2.4(152).

b. The program shall submit one copy of a proposed change for board review at least three weeks prior to the next scheduled board meeting when the outcome will:

(1) Substantively alter the philosophy/mission of the program.

(2) Revise the predominant method of instruction or delivery, including transition from on–site to self–study or distance learning.

(3) Rearrange the sequence of courses required for graduation.

(4) Entail delivery of a cooperative program of study with an institution that does not provide a degree in nursing.

c. Board staff may request the program to submit nine copies of materials if a proposed change, including but not limited to those listed in paragraph “b,” requires board approval.

These rules are intended to implement Iowa Code section 152.5 and chapter 152E.

Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Board of Nursing hereby gives Notice of Intended Action to amend Chapter 3, “Licensure to Practice—Registered Nurse/Licensed Practical Nurse,” Iowa Administrative Code.

This amendment requires licensees who regularly examine, attend, counsel or treat adults or children to document on the renewal application completion of mandatory training on abuse identification and reporting. This amendment also requires licensees to keep compliance records on file. Exemptions for licensees are set out.

Any interested person may make written comments or suggestions on or before July 17, 2001. Such written materials should be directed to the Executive Director, Board of Nursing, RiverPoint Business Park, 400 S.W. Eighth Street, Suite B, Des Moines, Iowa 50309–4685. Persons who want to convey their views orally should contact the Executive Director at (515)281–3256 or in the Board office at 400 S.W. Eighth Street by appointment.

This amendment is intended to implement Iowa Code section 135.11.

The following amendment is proposed.

Amend subrule 3.7(3) by adopting the following new paragraphs “c” to “h”:

c. A licensee who regularly examines, attends, counsels or treats children in Iowa shall indicate on the renewal application completion of two hours of training in child abuse identification and reporting in the previous five years or condition(s) for rule suspension as identified in paragraph “g.”

d. A licensee who regularly examines, attends, counsels or treats adults in Iowa shall indicate on the renewal application completion of two hours of training in dependent adult abuse identification and reporting in the previous five years or condition(s) for rule suspension as identified in paragraph “g.”

e. A licensee who regularly examines, attends, counsels or treats both adults and children in Iowa shall indicate on the renewal application completion of training on abuse identification and reporting in dependent adults and children or condition(s) for rule suspension identified in paragraph “g.”

Training may be completed through separate courses as identified in paragraphs “c” and “d” or in one combined two–hour course that includes curricula for identifying and reporting child abuse and dependent adult abuse.

f. The licensee shall maintain written documentation for five years after mandatory training as identified in paragraphs “c” to “e,” including program date(s), content, duration, and proof of participation.

g. The requirement for mandatory training for identifying and reporting child and dependent adult abuse shall be suspended if the board determines that suspension is in the public interest or that a person at the time of license renewal:

(1) Is engaged in active duty in the military service of this state or the United States.

(2) Holds a current waiver by the board based on evidence of significant hardship in complying with training requirements, including waiver of continuing education requirements or extension of time in which to fulfill requirements due to a physical or mental disability or illness as identified in 655—Chapter 5.

h. The board may select licensees for audit of compliance with the requirements in paragraphs “c” to “g.”

Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Board of Nursing hereby gives Notice of Intended Action to amend Chapter 6, “Nursing Practice for Registered Nurses/Licensed Practical Nurses,” Iowa Administrative Code.

This amendment permits the LPN to be supervised by an RN via teleconferencing when the RN can be on site within ten minutes.

Any interested person may make written comments or suggestions on or before September 19, 2001. Such written materials should be directed to the Executive Director, Board of Nursing, RiverPoint Business Park, 400 S.W. Eighth Street, Suite B, Des Moines, Iowa 50309–4685. Persons who want to convey their views orally should contact the Executive Director at (515)281–3256 or in the Board office at 400 S.W. Eighth Street by appointment.

There will be a public hearing on September 19, 2001, at5 p.m. in the Ballroom, Kirkwood Civic Center Hotel, Fourth and Walnut, Des Moines, Iowa. Persons may present their views at the public hearing either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendment.

This amendment is intended to implement Iowa Code chapter 152.

The following amendment is proposed.

Amend rule 655—6.6(152) by adopting the following new subrule:

6.6(5) The licensed practical nurse shall be permitted to provide supportive and restorative care in a county jail facility or municipal holding facility operating under the authority provided by Iowa Code chapter 356. The supportive and restorative care provided by the licensed practical nurse in such a jail or holding facility shall be performed under the supervision of a registered nurse, as defined in subrule 6.2(5). The registered nurse shall perform the initial assessment and ongoing application of the nursing process. The registered nurse shall be available 24 hours per day by teleconferencing equipment, and the time necessary to be readily available on site to the licensed practical nurse shall be no greater than ten minutes. This exception to the proximate area requirement is limited to a jail facility or municipal holding facility operating under the authority of Iowa Code chapter 356 and shall not apply in any other correctional facility.

Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Board of Nursing hereby gives Notice of Intended Action to amend Chapter 7, “Advanced Registered Nurse Practitioners,” Iowa Administrative Code.

This amendment eliminates the requirement that advanced registered nurse practitioners (ARNPs) purchase the Iowa Pharmacy Law and Information Manual and the recommendation that ARNPs subscribe to the Iowa Board ofPharmacy Examiners Newsletter. This amendment requires ARNPs to access that information electronically.

Any interested person may make written comments or suggestions on or before September 19, 2001. Such written materials should be directed to the Executive Director, Board of Nursing, RiverPoint Business Park, 400 S.W. Eighth Street, Suite B, Des Moines, Iowa 50309–4685. Persons who want to convey their views orally should contact the Executive Director at (515)281–3256 or in the Board office at 400 S.W. Eighth Street by appointment.

There will be a public hearing on September 19, 2001, at5 p.m. in the Ballroom of the Kirkwood Civic Center Hotel, Fourth and Walnut, Des Moines, Iowa. Persons may present their views at the public hearing either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendment.

This amendment is intended to implement Iowa Code chapter 152.

The following amendment is proposed.

Amend rule 655—7.1(152), definition of “prescriptive authority,” to read as follows:

“Prescriptive authority” is the authority granted to an ARNP registered in Iowa in a recognized nursing specialty to prescribe, deliver, distribute, or dispense prescription drugs, devices, and medical gases when the nurse is engaged in the practice of that nursing specialty. Registration as a practitioner with the Federal Drug Enforcement Administration and the Iowa board of pharmacy examiners extends this authority to controlled substances. ARNPs shall obtain a copy of the Iowa Pharmacy Law and Informational Manual. access the Iowa board of pharmacy examiners Web site for Iowa pharmacy law and administrative rules and ARNPs are encouraged to subscribe to the Iowa Board of Pharmacy Examiners Newsletter.

Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Board of Nursing hereby gives Notice of Intended Action to amend Chapter 12, “Registered Nurse Certifying Organizations/Utilization and Cost Control Review,” Iowa Administrative Code.

These amendments update the list of national certifying organizations identified by the board and streamline the utilization and cost control review process.

Any interested person may make written comments or suggestions on or before September 19, 2001. Such written materials should be directed to the Executive Director, Board of Nursing, RiverPoint Business Park, 400 S.W. Eighth Street, Suite B, Des Moines, Iowa 50309–4685. Persons who want to convey their views orally should contact the Executive Director at (515)281–3256 or in the Board office at 400 S.W. Eighth Street by appointment.

There will be a public hearing on September 19, 2001, at5 p.m. in the Ballroom of the Kirkwood Civic Center Hotel, Fourth and Walnut, Des Moines, Iowa. Persons may present their views at the public hearing either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

These amendments are intended to implement Iowa Code section 509.3 and Iowa Code chapters 514, 514B, and 514F.

The following amendments are proposed.

ITEM 1. Amend rule 655—12.2(509,514,514B,514F) to read as follows:

655—12.2(509,514,514B,514F) Definition. A “certified registered nurse” is a registered nurse with an current active licensure license in Iowa or who is currently licensed in another state and recognized for licensure in Iowa, pursuant to the nurse licensure compact contained in Iowa Codechapter 152E, and who possesses evidence of certificationby a national certification organization or successor agen–cy as recognized by the board in this rule 655— 12.3(509,514,514B).

ITEM 2. Rescind rule 655—12.3(509,514,514B) and adopt in lieu thereof the following new rule:

655—12.3(509,514,514B) National certifying organizations. Eligibility requirements for certification are established by the individual national certifying organization. The national certifying organizations identified by the board pursuant to Iowa Code sections 509.3, 514.7, 514B.1, and 514F.1 are as follows:

Addictions Nursing Certification Board

American Academy of Nurse Practitioners

American Association of Critical Care Nurses Certification Corporation

American Association for Marriage and Family Therapy

American Board of Medical Genetics

American Board of Neuroscience Nursing

American Board for Occupational Health Nurses, Inc.

American Board of Post Anesthesia Nursing Certification, Inc.

American Board of Urologic Allied Health Professionals, Inc.

American College of Nurse–Midwives, ACNM Certification Council

American Holistic Nurses’ Certification Corporation

American Nurses’ Credentialing Center

American Society of Plastic and Reconstructive Surgical Nurses, Inc.

Association of Operating Room Nurses

Association for Practitioners in Infection Control

Association of Rehabilitation Nursing, Certification Board

Board of Certification for Emergency Nursing

Board of Nephrology Examiners, Nursing and Technology

Certification Board of Perioperative Nursing

Certifying Council for Gastroenterology Clinicians, Inc.

Clinical Nutrition Certification Board

Council on Certification of Nurse Anesthetists

Council on Recertification of Nurse Anesthetists

Dermatology Nurses Association

Enterostomal Therapy Nursing Certification Board

HIV/AIDS Nursing Certification Board

International Association of Infant Massage Instructors

International Board of Lactation Consultant Examiners

International Nurses Society on Addictions

Intravenous Nurses Society Certification Corporation

Lamaze International

National Board for Certification of School Nurses

National Certification Board of Diabetes Educators

National Certification Board of Pediatric Nurse Practitioners and Nurses

National Certification Corporation for the Obstetric, Gynecologic and Neonatal Nursing Specialties

National Certifying Board for Ophthalmic Registered Nurses

National Consortium of Chemical Dependency Nurses

Oncology Nursing Certification Corporation

Orthopaedic Nurses Certification Board

Plastic Surgical Nursing Certification Board

Radiological Nursing Certification Board

Society of Gastroenterology Nurses and Associates

Society of Otorhinolaryngology and Head–Neck Nurses

Society of Urological Nurses and Associates

Society of Vascular Nursing

Wound, Ostomy and Continence Nurses Society

ITEM 3. Amend subrule 12.5(1) to read as follows:

12.5(1) The U.C.C.R. committee shall consist of seven five licensed registered nurses, four three of whom shall be certified registered nurses. A quorum of the U.C.C.R. committee is two–thirds of the membership three members. When a quorum is present, a position is carried by a majority of the committee members.

ITEM 4. Rescind subrule 12.5(2) and renumber subrule 12.5(3) as 12.5(2) and subrule 12.5(4) as 12.5(3).

ITEM 5. Amend renumbered subrule 12.5(2) to read as follows:

12.5(2) The chairperson of the Iowa board of nursing, upon receipt of a request for review, shall appoint the committee members, and designate a chairperson and a secretary, subject to approval by the board, at the first meeting following the organizational meeting each year.

ITEM 6. Amend renumbered subrule 12.5(3), paragraph “b,” to read as follows:

b. Hold a current an active Iowa registered nurse license or hold a current license in another state and be recognized for licensure in Iowa pursuant to the nurse licensure compact contained in Iowa Code chapter 152E.

ITEM 7. Amend subrule 12.7(1) to read as follows:

12.7(1) A request for review may be made to the committee board by a patient, a licensee or any third party payer of health care benefits.

ITEM 8. Amend subrule 12.7(3) to read as follows:

12.7(3) A request for review shall be submitted to the committee board by addressing the request to the U.C.C.R. Committee, Iowa Board of Nursing, RiverPoint Business Park, 400 S.W. Eighth Street, Suite B, Des Moines, Iowa 50309–4685. All requests shall be made on the approved forms. Forms will be made available upon request from the office of the board of nursing. All references to identification and location of the licensee shall be deleted prior to submission to the U.C.C.R. committee. The request will be forwarded by the office of the board to the chairperson of the U.C.C.R. committee who may assign a three–person subcommittee to review the case and issue an opinion. The subcommittee shall include at least one certified registered nurse.

ITEM 9. Amend subrule 12.7(4) to read as follows:

12.7(4) The office of the Iowa board of nursing shall provide administrative services to the U.C.C.R. committee. The U.C.C.R. subcommittee shall respond in writing with its findings and recommendations within 90 days of the request to the chairperson of the U.C.C.R. committee, who, in turn, shall submit to the executive director of the Iowa board of nursing the results of the review or opinion. The U.C.C.R. committee shall present its findings and recommendations in writing to the chairperson of the board within 90 days of the committee appointment. The executive director of the Iowa board of nursing shall notify the parties of the committee findings.

ITEM 10. Rescind subrule 12.7(5) and renumber subrule 12.7(6) as 12.7(5) and subrule 12.7(7) as 12.7(6).

Pursuant to the authority of Iowa Code section 546.2, the Professional Licensing and Regulation Division hereby gives Notice of Intended Action to amend Chapter 1, “Organization and Operation,” and Chapter 4, “Proof of Legal Presence”; and to adopt new Chapter 8, “Denial of Issuance or Renewal of License for Nonpayment of Child Support or Student Loan,” Chapter 9, “Petition for Rule Making,” Chapter 10, “Declaratory Orders,” Chapter 11, “Sales of Goods and Services,” Chapter 12, “Impaired LicenseeReview Committees,” and Chapter 13, “Public Records and Fair Information Practices,” Iowa Administrative Code.

Amendments to Chapter 1 include new definitions to clarify who will be affected by the uniform Division rules. The amendments to Chapter 4 eliminate the mandatory requirement for applicants and licensees to provide evidence of proof of legal presence and allow each board to request the information on a case–by–case basis. Proposed Chapter 8 outlines the procedures to be followed when the board receives a certificate of noncompliance from the child support recovery unit of the Department of Human Services or the College Student Aid Commission. Proposed Chapter 9 identifies procedures for an individual to petition for rule making from any of the boards or commissions within the Division. Proposed Chapter 10 establishes the process for a person to petition for declaratory order as to the applicability to specified circumstances of a statute, rule or order within the jurisdiction of a board. Proposed Chapter 11 outlines the prohibition for the selling of certain goods or services by members of the Department of Commerce examining boards. Proposed Chapter 12 establishes the impaired licensee committee to allow for licensees to self–report an impairment affecting their ability to practice. Proposed Chapter 13 identifies procedures for the release of public information and the protection of confidential records.

These chapters will replace chapters or parts of chapters that are identical and currently appear in each individual board’s Administrative Code chapter. The new chapters are adopted in response to Governor Vilsack’s Executive Order Number 8.

Consideration will be given to all written suggestions or comments regarding proposed amendments and new chapters received on or before July 17, 2001. Comments should be addressed to Glenda Loving, Architectural Examining Board, 1918 S.E. Hulsizer, Ankeny, Iowa 50021, or faxed to (515)281–7411. E–mail may be sent to glenda.loving@ comm7.state.ia.us.

These amendments are intended to implement Iowa Code chapters 17A, 252J, 261, 272C, 542B, 542C, 543B, 543D, 544A, and 544B.

The following amendments are proposed.

ITEM 1. Amend rule 193—1.3(546) as follows:

Amend the definition of “board” as follows:

“Board” means an examining board or commission within the professional licensing and regulation division.

Adopt the following new definitions in alphabetical order:

“License” means any license, registration, certificate, or permit that may be granted by an examining board or commission within the professional licensing and regulation division.

“Licensee” means any person granted a license by an examining board or commission within the professional licensing and regulation division.

ITEM 2. Amend subrules 4.2(1) and 4.2(2) as follows:

4.2(1) After July 1, 1999, applicants and licensees who are U.S. citizens or permanent resident aliens shall may be requested to produce evidence of their lawful presence in the United States as a condition of initial licensure or license renewal. Submission If requested, submission of evidence will be required once. Acceptable evidence (List A) is outlined in subrule 4.3(1).

4.2(2) After July 1, 1999, applicants and licensees residing in the United States, other than those described in subrule 4.2(1) above, shall may be requested to provide evidence of lawful presence in the United States at the time of initial licensure and with every subsequent renewal. Acceptable evidence (List B) is outlined in subrule 4.3(2).

ITEM 3. Adopt the following new chapters:

CHAPTER 8
DENIAL OF ISSUANCE OR RENEWAL OF LICENSE FOR NONPAYMENT OF CHILD SUPPORT OR STUDENT LOAN

193—8.1(252J) Nonpayment of child support. The board shall deny the issuance or renewal of a license upon the receipt of a certificate of noncompliance from the child support recovery unit of the department of human services according to the procedures in Iowa Code chapter 252J. In addition to the procedures set forth in chapter 252J, this rule shall apply.

8.1(1) The notice required by Iowa Code section 252J.8 shall be served upon the licensee or applicant by restricted certified mail, return receipt requested, or personal service in accordance with Rule of Civil Procedure 56.1. Alternatively, the licensee or applicant may accept service personally or through authorized counsel.

8.1(2) The effective date of the denial of the issuance or renewal of a license, as specified in the notice required by Iowa Code section 252J.8, shall be 60 days following service of the notice upon the licensee or applicant.

8.1(3) The board’s executive secretary is authorized to prepare and serve the notice required by Iowa Code section 252J.8 upon the licensee or applicant.

8.1(4) Licensees and applicants shall keep the board informed of all court actions and all child support recovery unit actions taken under or in connection with Iowa Code chapter 252J and shall provide the board copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to Iowa Code section 252J.9, all court orders entered in such actions, and withdrawals of certificates of noncompliance by the child support recovery unit.

8.1(5) All board fees for applications, license renewal or reinstatement must be paid by licensees or applicants, and all continuing education requirements must be met before a license will be issued, renewed or reinstated after the board has denied the issuance or renewal of a license pursuant to Iowa Code chapter 252J.

8.1(6) In the event a licensee or applicant files a timely district court action following service of a board notice pursuant to Iowa Code sections 252J.8 and 252J.9, the board shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the board to proceed. For purposes of determining the effective date of the denial of the issuance or renewal of a license, the board shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.

8.1(7) The board shall notify the licensee or applicant in writing through regular first–class mail, or such other means as the board deems appropriate in the circumstances, within ten days of the effective date of the denial of the issuance or renewal of a license, and shall similarly notify the licensee or applicant when the license is issued or renewed following the board’s receipt of a withdrawal of the certificate of noncompliance.

193—8.2(261) Nonpayment of student loan. The board shall deny the issuance or renewal of a license upon receipt of a certificate of noncompliance from the college student aid commission according to the procedures set forth in Iowa Code chapter 261. In addition to those procedures, this rule shall apply.

8.2(1) The notice required by Iowa Code section 261.126 shall be served by restricted certified mail, return receipt requested, or by personal service in accordance with the Iowa Rules of Civil Procedure. Alternatively, the applicant or licensee may accept service personally or through authorized counsel.

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

8.2(3) The board’s executive secretary is authorized to prepare and serve the notice required by Iowa Code section 261.126 upon the applicant or licensee.

8.2(4) Applicants and licensees shall keep the board informed of all court actions and all college student aid commission actions taken under or in connection with Iowa Code chapter 261 and shall provide the board copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to Iowa Code section 261.127, all court orders entered in such actions, and withdrawals of certificates of noncompliance by the college student aid commission.

8.2(5) All board fees required for application, license renewal or license reinstatement must be paid by applicants or licensees, and all continuing education requirements must be met before a license will be issued, renewed, or reinstated after the board has denied the issuance or renewal of a license pursuant to Iowa Code chapter 261.

8.2(6) In the event an applicant or licensee timely files a district court action following service of a board notice pursuant to Iowa Code sections 261.126 and 261.127, the board shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the board to proceed. For purposes of determining the effective date of the denial of the issuance or renewal of a license, the board shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.

8.2(7) The board shall notify the applicant or licensee in writing through regular first–class mail, or such other means as the board deems appropriate in the circumstances, within ten days of the effective date of the denial of the issuance or renewal of a license, and shall similarly notify the applicant or licensee when the license is issued or renewed following the board’s receipt of a withdrawal of the certificate of noncompliance.

These rules are intended to implement Iowa Code chapter 252J and sections 261.126 and 261.127.

CHAPTER 9
PETITION FOR RULE MAKING

193—9.1(17A) Petition for rule making. Any person, board or other state agency may file a petition for rule making with the board.

A petition is deemed filed when it is received by that office. The board must provide the petitioner with a file–stamped copy of the petition if the petitioner provides the board an extra copy for this purpose. The petition must be typewritten, or legibly handwritten in ink, and must substantially conform to the following form:

The petition must provide the following information:

1. A statement of the specific rule–making action sought by the petitioner including the text or a summary of the contents of the proposed rule or amendment to a rule and, if it is a petition to amend or repeal a rule, a citation and the relevant language to the particular portion or portions of the rule proposed to be amended or repealed.

2. A citation to any law deemed relevant to the board’s authority to take the action urged or to the desirability of that action.

3. A brief summary of petitioner’s arguments in support of the action urged in the petition.

4. A brief summary of any data supporting the action urged in the petition.

5. The names and addresses of other persons, or a description of any class of persons, known by petitioner to be affected by, or interested in, the proposed action which is the subject of the petition.

6. Any request by petitioner for a meeting provided for by rule 9.4(17A).

9.1(1) The petition must be dated and signed by the petitioner or the petitioner’s representative. It must also include the name, mailing address, and telephone number of the petitioner and petitioner’s representative, and a statement indicating the person to whom communications concerning the petition should be directed.

9.1(2) The board may deny a petition because it does not substantially conform to the required form.

193—9.2(17A) Briefs. The petitioner may attach a brief to the petition in support of the action urged in the petition. The board may request a brief from the petitioner or from any other person concerning the substance of the petition.

193—9.3(17A) Inquiries. Inquiries concerning the status of a petition for rule making may be made to the executive secretary.

9.4(1) Upon request by petitioner in the petition, the board must schedule a brief and informal meeting between the petitioner and the board, a member of the board, or a member of the staff of the board, to discuss the petition. The board may request the petitioner to submit additional information or argument concerning the petition. The board may also solicit comments from any person on the substance of the petition. Also, comments on the substance of the petition may be submitted to the board by any person.

9.4(2) Within 60 days after the filing of the petition, or within any longer period agreed to by the petitioner, the board must, in writing, deny the petition, and notify petitioner of its action and the specific grounds for the denial, or grant the petition and notify petitioner that it has instituted rule–making proceedings on the subject of the petition. Petitioner shall be deemed notified of the denial or granting of the petition on the date when the board mails or delivers the required notification to petitioner.

9.4(3) Denial of a petition because it does not substantially conform to the required form does not preclude the filing of a new petition on the same subject that seeks to eliminate the grounds for the board’s rejection of the petition.

These rules are intended to implement Iowa Code chapter 17A.

CHAPTER 10
DECLARATORY ORDERS

193—10.1(17A) Petition for declaratory order. Any person may file a petition with the board for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the board at the board’s offices. A petition is deemed filed when it is received by that office. The board shall provide the petitioner with a file–stamped copy of the petition if the petitioner provides the board an extra copy for this purpose. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

The petition must provide the following information:

1. A clear and concise statement of all relevant facts on which the order is requested.

2. A citation and the relevant language of the specific statutes, rules, policies, decisions, or orders whose applicability is questioned, and any other relevant law.

3. The questions the petitioner wants answered, stated clearly and concisely.

4. The answers to the questions desired by the petitioner and a summary of the reasons urged by the petitioner in support of those answers.

5. The reasons for requesting the declaratory order and disclosure of the petitioner’s interest in the outcome.

6. A statement indicating whether the petitioner is currently a party to another proceeding involving the questions at issue and whether, to the petitioner’s knowledge, those questions have been directed by, are pending determination by, or are under investigation by any governmental entity.

7. The names and addresses of other persons, or a description of any class of persons, known by petitioner to be affected by, or interested in, the questions in the petition.

8. Any request by petitioner for a meeting provided for by 10.7(17A). The petition must be dated and signed by the petitioner or the petitioner’s representative. It must also include the name, mailing address, and telephone number of the petitioner and petitioner’s representative, and a statement indicating the person to whom communications concerning the petition should be directed.

193—10.2(17A) Notice of petition. Within ten days after receipt of a petition for a declaratory order, the board shall give notice of the petition to all persons not served by the petitioner pursuant to 10.6(17A) to whom notice is required by any provision of law. The board may also give notice to any other persons.

10.3(1) Persons who qualify under any applicable provision of law as an intervenor and who file a petition for intervention within 20 days of the filing of a petition for declaratory order shall be allowed to intervene in a proceeding for a declaratory order.

10.3(2) Any person who files a petition for intervention at any time prior to the issuance of an order may be allowed to intervene in a proceeding for a declaratory order at the discretion of the board.

10.3(3) A petition for intervention shall be filed at the board’s offices. Such a petition is deemed filed when it is received by that office. The board will provide the petitioner with a file–stamped copy of the petition for intervention if the petitioner provides an extra copy for this purpose. A petition for intervention must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

The petition for intervention must provide the following information:

1. Facts supporting the intervenor’s standing and qualifications for intervention.

2. The answers urged by the intervenor to the question or questions presented and a summary of the reasons urged in support of those answers.

3. Reasons for requesting intervention and disclosure of the intervenor’s interest in the outcome.

4. A statement indicating whether the intervenor is currently a party to any proceeding involving the questions at issue and whether, to the intervenor’s knowledge, those questions have been decided by, are pending determination by, or are under investigation by any governmental entity.

5. The names and addresses of any additional persons, or a description of any additional class of persons, known by the intervenor to be affected by, or interested in, the questions presented.

6. Whether the intervenor consents to be bound by the determination of the matters presented in the declaratory order proceeding.

The petition must be dated and signed by the intervenor or the intervenor’s representative. It must also include the name, mailing address, and telephone number of the intervenor and intervenor’s representative, and a statement indicating the person to whom communications should be directed.

193—10.4(17A) Briefs. The petitioner or intervenor may file a brief in support of the position urged. The board may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised in the petition.

193—10.5(17A) Inquiries. Inquiries concerning the status of a declaratory order may be made to the executive secretary of the board at the board’s offices.

10.6(1) When service required. Except where otherwise provided by law, every petition for declaratory order, petition for intervention, brief, or other paper filed in a proceeding for a declaratory order shall be served upon each of the parties of record to the proceeding, and on all other persons identified in the petition for declaratory order or petition for intervention as affected by or interested in the questions presented, simultaneously with its filing. The party filing a document is responsible for service on all parties and other affected or interested persons.

10.6(2) Filing—when required. All petitions for declaratory orders, petitions for intervention, briefs, or other papers in a proceeding for a declaratory order shall be filed with the board at the board’s offices. All petitions, briefs, or other papers that are required to be served upon a party shall be filed simultaneously with the board.

10.6(3) Method of service, time of filing, and proof of mailing. Method of service, time of filing, and proof of mailing shall be as provided by rule 193—7.17(17A).

193—10.7(17A) Board consideration. Upon request by petitioner, the board must schedule a brief and informal meeting between the original petitioner, all intervenors, and the board, a member of the board, or a member of the staff of the board to discuss the questions raised. The board may solicit comments from any person on the questions raised. Also, comments on the questions raised may be submitted to the board by any person.

10.8(1) Within the time allowed after receipt of a petition for a declaratory order, the board shall take action on the petition within 30 days after receipt as required by Iowa Code section 17A.9.

10.8(2) The date of issuance of an order or of a refusal to issue an order is as defined in 193—7.1(17A).

193—10.9(17A) Refusal to issue order. The board shall not issue a declaratory order where prohibited by Iowa Code section 17A.9(5) and may refuse to issue a declaratory order on some or all questions raised for the following reasons:

1. The petition does not substantially comply with the required form.

2. The petition does not contain facts sufficient to demonstrate that the petitioner will be aggrieved or adversely affected by the failure of the board to issue an order.

3. The board does not have jurisdiction over the questions presented in the petition.

4. The questions presented by the petition are also presented in current rule making, contested case, or other board or judicial proceeding that may definitively resolve them.

5. The questions presented by the petition would more properly be resolved in a different type of proceeding or by another body with jurisdiction over the matter.

6. The facts or questions presented in the petition are unclear, overbroad, insufficient, or otherwise inappropriate as a basis upon which to issue an order.

7. There is no need to issue an order because the questions raised in the petition have been settled due to a change in circumstances.

8. The petition is not based upon facts calculated to aid in the planning of future conduct but is, instead, based solely upon prior conduct in an effort to establish the effect of that conduct or to challenge a board decision already made.

9. The petition requests a declaratory order that would necessarily determine the legal rights, duties, or responsibilities of other persons who have not joined in the petition or filed a similar petition and whose position on the questions presented may fairly be presumed to be adverse to that of petitioner.

10. The petitioner requests the board to determine whether a statute is unconstitutional on its face.

10.9(1) A refusal to issue a declaratory order must indicate the specific grounds for the refusal and constitutes final board action on the petition.

10.9(2) Refusal to issue a declaratory order pursuant to this provision does not preclude the filing of a new petition that seeks to eliminate the grounds for refusal to issue an order.

193—10.10(17A) Contents of declaratory order—effective date. In addition to the ruling itself, a declaratory order must contain the date of its issuance, the name of petitioner, intervenors, the specific statutes, rules, policies, decisions, or orders involved, the particular facts upon which it is based, and the reasons for its conclusion. A declaratory order is effective on the date of issuance.

193—10.11(17A) Copies of orders. A copy of all orders issued in response to a petition for a declaratory order shall be mailed promptly to the original petitioner and all intervenors.

193—10.12(17A) Effect of a declaratory order. A declaratory order has the same status and binding effect as a final order in a contested case proceeding. It is binding on the board, the petitioner and any intervenors and is applicable only in circumstances where the relevant facts and the law involved are indistinguishable from those on which the order was based. As to all other persons, a declaratory order serves only as precedent and is not binding on the board. The issuance of a declaratory order constitutes final board action on the petition.

These rules are intended to implement Iowa Code chapter 17A.

CHAPTER 11
SALES OF GOODS AND SERVICES

193—11.1(68B) Selling of goods or services by members of the department of commerce examining boards. The board members shall not sell, either directly or indirectly, any goods or services to individuals, associations, or corporations that are subject to the regulatory authority of the department of commerce except as authorized by this rule.

11.1(1) Conditions of consent for members. Consent shall be given by a majority of the members of the board. Consent shall not be given to an official to sell goods or services to an individual, association, or corporation regulated by the department of commerce unless all of the following conditions are met:

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

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

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

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

11.1(2) Authorized sales.

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

b. A member of a department of commerce examining board may sell goods or services to any individual, association, or corporation regulated by the licensing board or commission of which that person is a member, if those goods or services are routinely provided to the public as part of that person’s regular professional practice. This consent is granted because the sale of such goods or services does not affect the board member’s duties or functions on the board. In the event a complaint is filed with the licensing board concerning the services provided by the board member to a member of the public, that board member is otherwise prohibited by law from participating in any discussion or decision by the licensing board in that case.

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

11.1(3) Application for consent. Prior to selling a good or service to an individual, association, or corporation subject to the regulatory authority of the department of commerce, an official must obtain prior written consent unless the sale is specifically allowed in subrule 11.1(2). The request for consent must be in writing and signed by the official requesting consent. The application must provide a clear statement of all relevant facts concerning the sale. The application should identify the parties to the sale and the amount of compensation. The application should also explain why the sale should be allowed.

11.1(4) Limitation of consent. Consent shall be in writing and shall be valid only for the activities and the time period specifically described in the consent. Consent can be revoked at any time by a majority vote of the members of the board upon written notice to the board. A consent provided under this rule does not constitute authorization for any activity which is a conflict of interest under common law or which would violate any other statute or rule. It is the responsibility of the official requesting consent to ensure compliance with all other applicable laws and rules.

This rule is intended to implement Iowa Code chapter 68B.

CHAPTER 12
IMPAIRED LICENSEE REVIEW COMMITTEES

193—12.1(272C) Impaired licensee review committee. Pursuant to the authority of Iowa Code section 272C.3(1)“k,” all boards in the division may establish an impaired licensee review committee.

12.1(1) Definitions. The following definitions are applicable wherever such terminology is used in the rules regarding the impaired licensee review committee.

“Committee” means the impaired licensee review committee.

“Contract” means the written document establishing the terms for participation in the impaired licensee program prepared by the committee.

“Impairment” means an inability to practice with reasonable safety and skill as a result of alcohol or drug abuse, dependency, or addiction, or any neuropsychological or physical disorder or disability.

“Licensee” means a person licensed under Iowa Code chapter 542B, 542C, 543B, 543D, 544A or 544B.

“Self–report” means the licensee’s providing written or oral notification to the board that the licensee has been or may be diagnosed as having an impairment prior to the board’s receiving a complaint or report alleging the same from a second party.

12.1(2) Purpose. The impaired licensee review committee evaluates, assists, monitors, and, as necessary, makes reports to the board on the recovery or rehabilitation of licensees who self–report impairments.

12.1(3) Composition of the committee. The chairperson of each board shall appoint the members of the committee for that board. The membership of the committee includes, but is not limited to:

a. One licensee, registered under the applicable Iowa Code chapter regulated by the board;

b. One public member of the board;

c. One licensed professional with expertise in substance abuse/addiction treatment programs or other applicable impairment.

The board may, alternatively, contract with an established impaired review committee of another board, inside or outside the department of commerce, if deemed in the best interest of the licensee or the public.

12.1(4) Eligibility. To be eligible for participation in the impaired licensee recovery program, a licensee must meet all of the following criteria:

a. The licensee must self–report an impairment or suspected impairment directly to the office of the board.

b. The licensee must not have engaged in the unlawful diversion or distribution of controlled substances, or illegal substances;

c. At the time of the self–report, the licensee must not already be under board order for an impairment or any other violation of the laws and rules governing the practice of the profession;

d. The licensee has not caused harm or injury to a client;

e. There is currently no board investigation of the licensee that the committee determines concerns serious matters related to the ability to practice with reasonable safety and skill or in accordance with the accepted standards of practice;

f. The licensee has not been subject to a civil or criminal sanction, or ordered to make reparations or remuneration by a government or regulatory authority of the United States, this or any other state or territory or foreign nation for actions that the committee determines to be serious infractions of the laws, administrative rules, or professional ethics related to the practice of the profession;

g. The licensee has provided truthful information and fully cooperated with the board or committee.

12.1(5) Meetings. The committee shall meet as necessary in order to review licensee compliance, develop consent agreements for new referrals, and determine eligibility for continued monitoring.

12.1(6) Terms of participation. A licensee shall agree to comply with the terms for participation in the impaired licensee program established in a contract. Conditions placed upon the licensee and the duration of the monitoring period shall be established by the committee and communicated to the licensee in writing.

12.1(7) Noncompliance. Failure to comply with the provisions of the agreement shall require the committee to make immediate referral of the matter to the board for the purpose of disciplinary action.

12.1(8) Practice restrictions. The committee may impose restrictions on the licensee’s practice as a term of the contract until such time as it receives a report from an approved evaluator that the licensee is capable of practicing with reasonable safety and skill. As a condition of participating in the program, a licensee is required to agree to restricted practice in accordance with the terms specified in the contract. In the event that the licensee refuses to agree to or comply with the restrictions established in the contract, the committee shall refer the licensee to the board for appropriate action.

12.1(9) Limitations. The committee establishes the terms and monitors a participant’s compliance with the program specified in the contract. The committee is not responsible for participants who fail to comply with the terms of or successfully complete the impaired licensee program. Participation in the program under the auspices of the committee shall not relieve the board of any duties and shall not divest the board of any authority or jurisdiction otherwise provided. Any violation of the statutes or rules governing the practice of the licensee’s profession by a participant shall be referred to the board for appropriate action.

12.1(10) Confidentiality. The committee is subject to the provisions governing confidentiality established in Iowa Code section 272C.6. Accordingly, information in the possession of the board or the committee about licensees in the program shall not be disclosed to the public. Participation in the impaired licensee program under the auspices of the committee is not a matter of public record.

This rule is intended to implement Iowa Code chapter 272C.

CHAPTER 13
PUBLIC RECORDS AND
FAIR INFORMATION PRACTICES

193—13.1(17A,22) Definitions. As used in this chapter:

“Agency” in these rules means each board within the Iowa professional licensing and regulation division.

“Confidential record“ in these rules means a record which is not available as a matter of right for examination and copying by members of the public under applicable provisions of law. Confidential records include records or information contained in records that the agency is prohibited by law from making available for examination by members of the public, and records or information contained in records that are specified as confidential by Iowa Code section 22.7, or other provision of law, but that may be disclosed upon order of a court, the lawful custodian of the record, or by another person duly authorized to release the record. Mere inclusion in a record of information declared confidential by an applicable provision of law does not necessarily make that entire record a confidential record.

“Custodian” in these rules means each board within the Iowa professional licensing and regulation division.

“Personally identifiable information” in these rules means information about or pertaining to an individual in a record which identifies the individual and which is contained in a record system.

“Record” in these rules means the whole or a part of a “public record” as defined in Iowa Code section 22.1, that is owned by or in the physical possession of this agency.

“Record system” in these rules means any group of rec– ords under the control of the agency from which a record may be retrieved by a personal identifier such as the name of an individual, number, symbol, or other unique retriever assigned to an individual.

193—13.2(17A,22) Statement of policy. The purpose of this chapter is to facilitate broad public access to open rec– ords. It also seeks to facilitate sound agency determinations with respect to the handling of confidential records and the implementation of the fair information practices Act. This agency is committed to the policies set forth in Iowa Code chapter 22; agency staff shall cooperate with members of the public in implementing the provisions of that chapter.

13.3(1) Location of record. A request for access to a record should be directed to the board which owns or is in physical possession of the record. The request shall be directed to the appropriate board at 1918 S.E. Hulsizer, Ankeny, Iowa 50021. If a request for access to a record is misdirected, agency personnel will promptly forward the request to the appropriate person within the agency.

13.3(2) Office hours. Open records shall be made available during all customary office hours, which are 8 a.m. to 4:30 p.m., Monday through Friday.

13.3(3) Request for access. Requests for access to open records may be made in writing, in person, by facsimile,E–mail, or other electronic means, or by telephone. Requests shall identify the particular records sought by name or description in order to facilitate the location of the record. Mail, electronic, or telephone requests shall include the name, address, and telephone number of the person requesting the information to facilitate the board’s response. A person shall not be required to give a reason for requesting an open record. While agencies are not required by Iowa Code chapter 22 to respond to requests for public records which are not made in person, the boards will respond to such requests as reasonable under the circumstances.

13.3(4) Response to requests. Access to an open record shall be provided promptly upon request unless the size or nature of the request makes prompt access infeasible. If the size or nature of the request for access to an open record requires time for compliance, the custodian shall comply with the request as soon as feasible. Access to an open record may be delayed for one of the purposes authorized by Iowa Code section 22.8(4) or 22.10(4). The custodian shall promptly give notice to the requester of the reason for any delay in access to an open record and an estimate of the length of that delay and, upon request, shall promptly provide that notice to the requester in writing.

The custodian of a record may deny access to the record by members of the public only on the grounds that such a denial is warranted under Iowa Code sections 22.8(4) and 22.10(4), or that it is a confidential record, or that its disclosure is prohibited by a court order. Access by members of the public to a confidential record is limited by law and, therefore, may generally be provided only in accordance with the provisions of rule 13.4(17A,22) and other applicable provisions of law.

13.3(5) Security of record. No person may, without permission from the custodian, search or remove any record from agency files. Examination and copying of agency rec– ords shall be supervised by the custodian or a designee of the custodian. Records shall be protected from damage and disorganization.

13.3(6) Copying. A reasonable number of copies of an open record may be made in the agency’s office. If photocopy equipment is not available in the agency office where an open record is kept, the custodian shall permit its examination in that office and shall arrange to have copies promptly made elsewhere.

13.3(7) Fees.

a. When charged. The agency may charge fees in connection with the examination or copying of records only if the fees are authorized by law. To the extent permitted by applicable provisions of law, the payment of fees may be waived when the imposition of fees is inequitable or when a waiver is in the public interest.

b. Copying and postage costs. Price schedules for published materials and for photocopies of records supplied by the agency shall be prominently posted in agency offices. Copies of records may be made by or for members of the public on agency photocopy machines or from electronic storage systems at cost as determined and posted in agency offices by the custodian. When the mailing of copies of rec– ords is requested, the actual costs of such mailing may also be charged to the requester.

c. Supervisory fee. An hourly fee may be charged for actual agency expenses in supervising the examination and copying of requested records when the supervision time required is in excess of one–half hour. The custodian shall prominently post in agency offices the hourly fees to be charged for supervision of records during examination and copying. That hourly fee shall not be in excess of the hourly wage of an agency clerical employee who ordinarily would be appropriate and suitable to perform this supervisory function. To the extent permitted by law, a search fee may be charged to the same rate as and under the same conditions as are applicable to supervisory fees.

d. Advance deposits.

(1) When the estimated total fee chargeable under this subrule exceeds $25, the custodian may require a requester to make an advance payment to cover all or a part of the estimated fee.

(2) When a requester has previously failed to pay a fee chargeable under this subrule, the custodian may require advance payment of the full amount of any estimated fee before the custodian processes a new request from that requester.

193—13.4(17A,22) Access to confidential records. Under Iowa Code section 22.7 or other applicable provisions of law, the lawful custodian may disclose certain confidential rec– ords to one or more members of the public. Other provisions of law authorize or require the custodian to release specified confidential records under certain circumstances or to particular persons. In requesting the custodian to permit the examination and copying of such a confidential record, the following procedures apply and are in addition to those specified for requests for access to records in rule 13.3(17A,22).

13.4(1) Proof of identity. A person requesting access to a confidential record may be required to provide proof of identity or authority to secure access to the record.

13.4(2) Requests. The custodian may require a request to examine and copy a confidential record to be in writing. A person requesting access to such a record may be required to sign a certified statement or affidavit enumerating the specific reasons justifying access to the confidential record and to provide any proof necessary to establish relevant facts.

13.4(3) Notice to subject of record and opportunity to obtain injunction. After the custodian receives a request for access to a confidential record, and before the custodian releases such a record, the custodian may make reasonable efforts to notify promptly any person who is a subject of that record, is identified in that record, and whose address or telephone number is contained in that record. To the extent such a delay is practicable and in the public interest, the custodian may give the subject of such a confidential record to whom notification is transmitted a reasonable opportunity to seek an injunction under Iowa Code section 22.8, and indicate to the subject of the record the specific period of time during which disclosure will be delayed for that purpose.

13.4(4) Request denied. When the custodian denies a request for access to a confidential record, the custodian shall promptly notify the requester. If the requester indicates to the custodian that a written notification of the denial is desired, the custodian shall promptly provide such a notification that is signed by the custodian and that includes:

a. The name and title or position of the custodian responsible for the denial; and

b. A citation to the provision of law vesting authority in the custodian to deny disclosure of the record and a brief statement of the reasons for the denial to this requester.

13.4(5) Request granted. When the custodian grants a request for access to a confidential record to a particular person, the custodian shall notify that person and indicate any lawful restrictions imposed by the custodian on that person’s examination and copying of the record.

193—13.5(17A,22) Requests for treatment of a record as a confidential record and its withholding from examination. The custodian may treat a record as a confidential record and withhold it from examination only to the extent that the custodian is authorized by Iowa Code section 22.7, another applicable provision of law, or a court order to refuse to disclose that record to members of the public.

13.5(1) Persons who may request. Any person who would be aggrieved or adversely affected by disclosure of a record and who asserts that Iowa Code section 22.7, another applicable provision of law, or a court order authorizes the custodian to treat the record as a confidential record may request the custodian to treat that record as a confidential record and to withhold it from public inspection.

13.5(2) Request. A request that a record be treated as a confidential record and be withheld from public inspection shall be in writing and shall be filed with the custodian. The request must set forth the legal and factual basis justifying such confidential record treatment for that record, and the name, address, and telephone number of the person authorized to respond to any inquiry or action of the custodian concerning the request. A person requesting treatment of a record as a confidential record may also be required to sign a certified statement or affidavit enumerating the specific reasons justifying the treatment of that record as a confidential record and to provide any proof necessary to establish relevant facts. Requests for treatment of a record as such a confidential record for a limited time period shall also specify the precise period of time for which that treatment is requested.

A person filing such a request shall, if possible, accompany the request with a copy of the record in question with those portions deleted for which such confidential record treatment has been requested. If the original record is being submitted to the agency by the person requesting such confidential treatment at the time the request is filed, the person shall indicate conspicuously on the original record that all or portions of it are confidential.

13.5(3) Failure to request. Failure of a person to request confidential record treatment for a record does not preclude the custodian from treating it as a confidential record. However, if a person who has submitted business information to the agency does not request that it be withheld from public inspection under Iowa Code sections 22.7(3) and 22.7(6), the custodian of records containing that information may proceed as if that person has no objection to its disclosure to members of the public.

13.5(4) Timing of decision. A decision by the custodian with respect to the disclosure of a record to members of the public may be made when a request for its treatment as a confidential record that is not available for public inspection is filed, or when the custodian receives a request for access to the record by a member of the public.

13.5(5) Request granted or deferred. If a request for such confidential record treatment is granted, or if action on such a request is deferred, a copy of the record from which the matter in question has been deleted and a copy of the decision to grant the request or to defer action upon the request will be made available for public inspection in lieu of the original record. If the custodian subsequently receives a request for access to the original record, the custodian will make reasonable and timely efforts to notify any person who has filed a request for its treatment as a confidential record that is not available for public inspection of the pendency of that subsequent request.

13.5(6) Request denied and opportunity to seek injunction. If a request that a record be treated as a confidential record and be withheld from public inspection is denied, the custodian shall notify the requester in writing of that determination and the reasons therefor. On application by the requester, the custodian may engage in a good faith, reasonable delay in allowing examination of the record so that the requester may seek injunctive relief under the provisions of Iowa Code section 22.8, or other applicable provision of law. However, such a record shall not be withheld from public inspection for any period of time if the custodian determines that the requester had no reasonable grounds to justify the treatment of that record as a confidential record. The custodian shall notify requester in writing of the time period allowed to seek injunctive relief or the reasons for the determination that no reasonable grounds exist to justify the treatment of that record as a confidential record. The custodian may extend the period of good faith, reasonable delay in allowing examination of the record so that the requester may seek injunctive relief only if no request for examination of that record has been received, or if a court directs the custodian to treat it as a confidential record, or to the extent permitted by another applicable provision of law, or with the consent of the person requesting access.

193—13.6(17A,22) Procedure by which additions, dissents, or objections may be entered into certain records. Except as otherwise provided by law, a person may file a request with the custodian to review, and to have a written statement of additions, dissents, or objections entered into, a record containing personally identifiable information pertaining to that person. However, this does not authorize a person who is a subject of such a record to alter the original copy of that record or to expand the official record of any agency proceeding. Requester shall send the request to review such a record or the written statement of additions, dissents, or objections to the board at 1918 S.E. Hulsizer, Ankeny, Iowa 50021. The request to review such a record or the written statement of such a record of additions, dissents, or objections must be dated and signed by requester, and shall include the current address and telephone number of the requester or the requester’s representative.

193—13.7(17A,22) Consent to disclosure by the subject of a confidential record. To the extent permitted by any applicable provision of law, a person who is the subject of a confidential record may have a copy of the portion of that record concerning the subject disclosed to a third party. A request for such a disclosure must be in writing and must identify the particular record or records that may be disclosed, and the particular person or class of persons to whom the record may be disclosed and, where applicable, the time period during which the record may be disclosed. The person who is the subject of the record and, where applicable, the person to whom the record is to be disclosed, may be required to provide proof of identity. Additional requirements may be necessary for special classes of records. Appearance of counsel before the agency on behalf of a person who is the subject of a confidential record is deemed to constitute consent for the agency to disclose records about that person to the person’s attorney.

This rule does not allow the subject of a record which is confidential under Iowa Code section 272C.6(4) to consent to its release.

13.8(1) Open records are routinely disclosed without the consent of the subject.

13.8(2) To the extent allowed by law, disclosure of confidential records may occur without the consent of the subject. Following are instances where disclosure, if lawful, will generally occur without notice to the subject:

a. For a routine use as defined in rule 193— 13.9(17A,22) or in the notice for a particular record system.

b. To a recipient who has provided the agency with advance written assurance that the record will be used solely as a statistical research or reporting record, provided that the record is transferred in a form that does not identify the subject.

c. To another government agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if an authorized representative of such government agency or instrumentality has submitted a written request to the agency specifying the record desired and the law enforcement activity for which the record is sought.

d. To an individual pursuant to a showing of compelling circumstances affecting the health or safety of any individual if a notice of the disclosure is transmitted to the last–known address of the subject.

e. To the legislative fiscal bureau under Iowa Code section 2.52.

f. Disclosures in the course of employee disciplinary proceedings.

g. In response to a court order or subpoena.

h. To other licensing authorities inside and outside Iowa as described in Iowa Code section 272C.6(4).

13.8(3) Notwithstanding any statutory confidentiality provision, the board may share information with the child support recovery unit of the department of human services through manual or automated means for the sole purpose of identifying registrants or applicants subject to enforcement under Iowa Code chapter 252J or 598.

13.8(4) Notwithstanding any statutory confidentiality provision, the board may share information with college student aid commission for the sole purpose of identifying applicants or registrants subject to enforcement under Iowa Code sections 261.126 and 261.127.

193—13.9(17A,22) Routine use. “Routine use” means the disclosure of a record without the consent of the subject or subjects for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statute other than the public records law, Iowa Code chapter 22. To the extent allowed by law, the following uses are considered routine uses of all board records:

13.9(1) Disclosure to those officers, employees, and agents of the board who have a need for the record in the performance of their duties. The custodian of the record may, upon request of any officer or employee, or on the custodian’s own initiative, determine what constitutes legitimate need to use confidential records.

13.9(2) Disclosure of information indicating an apparent violation of the law to appropriate law enforcement authorities for investigation and possible criminal prosecution, civil court action, or regulatory order.

13.9(3) Disclosure to the department of inspections and appeals for matters in which it is performing services or functions on behalf of the board.

13.9(4) Transfers of information within the agency, to other state agencies, or to local units of government as appropriate to administer the program for which the information is collected.

13.9(5) Information released to staff of federal and state entities for audit purposes or for purposes of determining whether the agency is operating a program lawfully.

13.9(6) Any disclosure specifically authorized by the statute under which the record was collected or maintained.

13.9(7) Disclosure to the public and news media of pleadings, motions, orders, final decisions, and informal settlement filed in licensee disciplinary proceedings.

13.9(8) Transmittal to the district court of the record in a disciplinary hearing, pursuant to Iowa Code section 17A.19(6), regardless of whether the hearing was open or closed.

13.9(9) Name and address of licensees, date of licensure, type of license, status of licensure and related information are routinely disclosed to the public upon request.

13.9(10) Name and license numbers of licensees are routinely disclosed to the public upon request.

13.10(1) Consent to disclosure by a subject individual. To the extent permitted by law, the subject may consent in writing to board disclosure of confidential records as provided in rule 193—13.7(17A,22).

13.10(2) Complaints to public officials. A letter from a subject of a confidential record to a public official which seeks the official’s intervention on behalf of the subject in a matter that involves the board may, to the extent permitted by law, be treated as an authorization to release sufficient information about the subject to the official to resolve the matter.

13.11(1) The subject of a confidential record may file a written request to review confidential records about that person. However, the agency need not release the following records to the subject:

a. The identity of a person providing information to the agency need not be disclosed directly or indirectly to the subject of the information when the information is authorized to be held confidential pursuant to Iowa Code section 22.7(18) or other provision of law.

b. Records need not be disclosed to the subject when they are the work product of an attorney or are otherwise privileged.

c. Peace officers’ investigative reports may be withheld from the subject, except as required by the Iowa Code. (Iowa Code section 22.7(5))

d. All information in licensee complaint and investigation files maintained by the board for purposes of licensee discipline are required to be withheld from the subject prior to the filing of formal charges and the notice of hearing in a licensee disciplinary proceeding.

e. Confidential personnel records of licensees and examination candidates. (Iowa Code section 22.7(11))

f. As otherwise authorized by law.

13.11(2) Where a record has multiple subjects with interest in the confidentiality of the record, the agency may take reasonable steps to protect confidential information relating to another subject.

13.12(1) General. Agency records are open for public inspection and copying unless otherwise provided by rule or law.

13.12(2) Confidential records. The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for withholding them from public inspection.

a. Personal related information in confidential personnel records of board staff, board members and licensees. (Iowa Code section 22.7(11))

b. Personal related information in confidential personnel records of applicants for licensure. (Iowa Code section 22.7(11))

c. All information in complaint and investigation files maintained by the board for purposes of licensee discipline is confidential in accordance with Iowa Code section 272C.6(4), except that the information may be released to the licensee once a licensee disciplinary proceeding has been initiated by the filing of formal charges and a notice of hearing.

d. The record of a disciplinary hearing which is closed to the public pursuant to Iowa Code section 272C.6(1) is confidential under Iowa Code section 21.5(4). However, in the event a record is transmitted to the district court pursuant to Iowa Code section 17A.19(6) for purposes of judicial review, the record shall not be considered confidential unless the district court so orders.

e. Information relating to the examination results other than final score except for information about the results of an examination which is given to the person who took the examination. (Iowa Code sections 542B.32, 542C.16, 543B.52, 543D.8, 544A.22, 544B.8)

f. Criminal history or prior misconduct of an applicant for licensure. (Iowa Code sections 542B.32, 542C.16, 543B.52, 543D.12, 544A.27, 544B.8)

g. Information relating to the contents of an examination for licensure. (Iowa Code sections 542B.32, 542C.16, 543B.52, 543D.8, 544A.27, 544B.8)

h. Minutes and tapes of closed meetings of the board. (Iowa Code section 21.5(4))

i. Information or records received from a restricted source and any other information or records made confidential by law, such as academic transcripts or substance abuse treatment information.

j. References for examination or licensure applicants. (Iowa Code section 22.7(18))

k. Records which constitute attorney work products or attorney–client communications, or which are otherwise privileged pursuant to Iowa Code sections 22.7, 272C.6(4), 622.10 or 622.11, state and federal rules of evidence or procedure, the Code of Professional Responsibility, and case law.

l. Identifying details in final orders, decisions and opinions to the extent required to prevent a clearly unwarranted invasion of personal privacy or trade secrets under Iowa Code section 17A.3(1)“d.”

m. Those portions of agency staff manuals, instructions or other statements issued which set forth the criteria or guidelines to be used by agency staff in auditing, making inspections, or in selecting or handling cases, such as operational tactics or allowable tolerances or criteria for the defense, prosecution or settlement of cases, when disclosure of these statements would:

(1) Enable law violators to avoid detection;

(2) Facilitate disregard of requirements imposed by law; or

(3) Give a clearly improper advantage to persons who are in an adverse position to the board. (Iowa Code sections 17A.2 and 17A.3)

13.12(3) Authority to release confidential records. The agency may have discretion to disclose some confidentialrecords which are exempt from disclosure under Iowa Code section 22.7 or other law. Any person may request permission to inspect records withheld from inspection under a statute which authorizes limited or discretionary disclosure as provided in rule 13.4(17A,22). If the agency initially determines that it will release such records, the agency may where appropriate notify interested parties and withhold the rec– ords from inspection as provided in subrule 13.4(3).

193—13.13(17A,22,544A) Personally identifiable information. This rule describes the nature and extent of personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in rule 193—13.1(17A,22). For each record system, this rule describes the legal authority for the collection of that information. Most records are stored on paper only, but information from paper records may also be stored in electronic form and some records may also be stored only in electronic form. Data regarding licensees is stored in a data processing system that permits the comparison of personally identifiable information in one record system with personally identifiable information to another system. Some information is also placed on the board Web site. The record systems maintained by the agency are:

13.13(1) Information in complaint and investigation files maintained by the board for purposes of licensee discipline. This information is required to be kept confidential pursuant to Iowa Code section 272C.6(4). However, it may be released to the licensee once a disciplinary proceeding is commenced by the filing of formal charges and the notice of hearing. Only charges and final orders are maintained electronically.

13.13(2) Information on nonlicensee investigation files maintained by the board. This information is a public record except to the extent that certain information may be exempt from disclosure under Iowa Code section 22.7(18) or other provision of law.

13.13(3) The following information regarding licensee disciplinary proceedings:

a. Formal charges and notices of hearing.

b. Complete records of open disciplinary hearings. If a hearing is closed pursuant to Iowa Code section 272C.6(1), the record is confidential under Iowa Code section 21.5(4).

c. Final written decisions, including informal stipulations and settlements.

13.13(4) Licensure. Records pertaining to licensure by examination may include:

a. Transcripts from education programs. This information is collected pursuant to Iowa Code sections 542B.13, 542C.5, 543B.15, 543D.9, 544A.8 and 544B.9.

b. Applications for examination. This information is collected pursuant to Iowa Code sections 542B.13, 542C.5, 543B.20, 543D.7, 544A.8 and 544B.9.

c. References. These may be requested from applicants pursuant to Iowa Code section 542B.13 or 544A.8.

d. Past criminal and disciplinary record. This information is collected pursuant to Iowa Code sections 542B.13, 542C.4, 543B.15, 543D.12, 544A.27 and 544B.9.

e. Examination scores. This information is collected pursuant to Iowa Code sections 542B.14, 542C.5, 543B.20, 543D.8, 544A.8 and 544B.9.

f. Social security numbers of license applicants and licensees as required by Iowa Code section 252J.8(1).

13.13(5) In addition to the above records, records pertaining to licensure by reciprocity or comity may include:

a. Disciplinary actions taken by other boards. This information is collected pursuant to Iowa Code sections 542B.21, 542C.5, 543B.15, 543D.10, 544A.8 and 544B.15.

b. Verification of licensure by another board. This information is collected pursuant to Iowa Code sections 542B.20, 542C.5, 543B.21, 543D.11, 544A.8 and 544B.10.

c. Verification of experience and other licensure qualifications.

13.13(6) Firm and business entity registrations and renewals. This information is collected pursuant to Iowa Code section 542C.18, 543B.28, and 544A.21.

13.13(7) Renewal forms. This information is collected pursuant to Iowa Code sections 542B.18, 542C.5, 543B.28, 543D.16, 544A.10 and 544B.13. Some renewal forms are only stored in data processing systems when licensees renew electronically.

13.13(8) Continuing education records. This information is collected pursuant to Iowa Code section 272C.2.

13.13(9) Trust account records. This information is obtained under the authority of Iowa Code section 543B.46, which may include records such as consents to audit trust accounts, transactional records, bank account and ledger rec– ords, examination reports, examiner exit interviews, correspondence and related records.

13.13(10) Errors and omissions insurance records. This information is obtained under the authority of Iowa Code section 543B.47.

193—13.14(22,544A) Other groups of records. This rule describes groups of records maintained by the agency other than record systems as defined in rule 193—13.1(17A,22). These records are routinely available to the public. However, the agency’s files of these records may contain confidential information. In addition, the records listed in rule 13.13(17A,22) may contain information about individuals. All records are stored on paper and in automated data processing systems unless otherwise noted.

13.14(1) Rule–making records. Rule–making records may contain information about individuals making written or oral comments on proposed rules. This information is collected pursuant to Iowa Code section 17A.4. This information is not generally stored in an automated data processing system, although rule–making dockets may also be found on the board’s Web site.

13.14(2) Board records. Agendas, minutes, and materials presented to the board members in preparation for board meetings are available from the office of the board, except those records concerning closed sessions which are exempt from disclosure under Iowa Code section 21.5(4). Board records contain information about people who participate in meetings. This information is collected pursuant to Iowa Code section 21.3. This information is not stored in an automated data processing system, although minutes and other information may be found on the board’s Web site.

13.14(3) Publications. News releases, annual reports, project reports, agency newsletters, and other publications are available from the office of the board. Information concerning examinations and registration is available from the board office. Agency news releases, project reports, and newsletters may contain information about individuals, including agency staff or members of agency councils or committees. This information is not stored in an automated data processing system, although some board publications may be found on the board’s Web site.

13.14(4) Appeal decisions and advisory opinions. All final orders, decisions and opinions are open to the public except for information that is confidential according to subrule 13.12(2), paragraphs “c” and “d.” These records may contain information about individuals collected under the authority of Iowa Code sections 542B.21, 542C.22, 543B.29, 543D.17, 544A.13 and 544B.15.

13.14(5) Policy manuals. The agency employees’ manual, containing the policies and procedures for programs administered by the agency, is available in the office of the agency. Subscriptions to all or part of the employees’ manual are available at the cost of production and handling. Requests for subscription information should be addressed to the board’s office. Policy manuals do not contain information about individuals.

13.14(6) Other records. All other records that are not exempted from disclosure by law.

13.14(7) Waivers and variances. Requests for waivers and variances, board proceedings and rulings on such requests, and reports prepared for the administrative rules committee and others.

13.14(8) Rule–making initiatives. All boards maintain both paper and electronic records on rule–making initiatives in accordance with Executive Order Numbers 8 and 9.

13.14(9) Personnel records of board staff and board members which may be confidential pursuant to Iowa Code section 22.7(11). The agency maintains files containing information about employees, families and dependents, and applicants for positions with the agency. The files may include payroll records, biographical information, medical information relating to disability, performance reviews and evaluations, disciplinary information, information required for tax withholding, information concerning employee benefits, affirmative action reports, and other information concerning the employer–employee relationship.

13.14(10) General correspondence, reciprocity agreements with other states, and cooperative agreements with other agencies.

13.14(11) Administrative records. These records include documents concerning budget, property inventory, purchasing, yearly reports, office policies for employees, time sheets, and printing and supply requisitions.

13.14(12) Subdivided land filings and related correspondence collected pursuant to Iowa Code chapter 543C.

13.14(13) Time–share filings and related correspondence collected pursuant to Iowa Code chapter 557A.

13.14(14) All other records that are not confidential by law.

193—13.15(17A,22) Data processing systems. All data processing systems used by the board permit the comparison of personally identifiable information in one record system with personally identifiable information in another record system.

193—13.16(17A,22) Applicability. This chapter does not:

1. Require the agency to index or retrieve records which contain information about individuals by a person’s name or other personal identifier.

2. Make available to the general public records which would otherwise not be available under the public records law, Iowa Code chapter 22.

3. Govern the maintenance or disclosure of, notification of, or access to records in the possession of the agency which are governed by the regulations of another agency.

4. Apply to grantees, including local governments or subdivisions thereof, administering state–funded programs, unless otherwise provided by law or agreement.

5. Make available records compiled by the agency in reasonable anticipation of court litigation or formal administrative proceedings. The availability of such records to the general public or to any subject individual or party to such litigation or proceedings shall be governed by applicable legal and constitutional principles, statutes, rules of discovery, evidentiary privileges, and applicable regulations of the agency.

193—13.17(17A,22) Notice to suppliers of information. When the agency requests a person to supply information about that person, the agency shall notify the person of the use that will be made of the information, which persons outside the agency might routinely be provided this information, which parts of the requested information are required and which are optional, and the consequences of a failure to provide the information requested. This notice may be given in these rules, on the written form used to collect the information, on a separate fact sheet or letter, in brochures, in formal agreements, in contracts, in handbooks, in manuals, verbally, or by other appropriate means.

13.17(1) License and examination applicants. License and examination applicants are requested to supply a wide range of information depending on the qualifications for licensure or sitting for an examination, as provided by board statutes, rules and application forms. Failure to provide requested information may result in denial of the application. Some requested information, such as college transcripts, social security numbers, examination scores, and criminal histories, are confidential under state or federal law, but most of the information contained in license or examination applications is treated as public information, freely available for public examination.

13.17(2) Home address. License applicants and licensees are requested to provide both home and business addresses. Both are treated as open records. If license applicant or licensee has a basis to shield a home address from public disclosure, such as a domestic abuse protective order, written notification should be provided to the board office. Absent a court order, the board may not have a basis under Iowa Code chapter 22 to shield the home address from public disclosure, but the board can refrain from placing the home address on its Web site and may notify the applicant or licensee before the home address is released to the public to provide an opportunity for the applicant or licensee to seek injunction.

13.17(3) License renewal. Licensees are requested to supply a wide range of information in connection with license renewal, including continuing education information, criminal history and disciplinary actions, as provided by board statutes, rules and application forms, both on paper and electronically. Failure to provide requested information may result in denial of the application. Most information contained on renewal applications is treated as public information freely available for public examination, but some information, such as criminal history, may be confidential under state or federal law.

13.17(4) Subdivided land/time–shares. All disclosures and other documents filed with the real estate commission in connection with Iowa Code chapter 543C (subdivided land) or 557A (time–shares) is public information freely available for public examination.

13.17(5) Investigations. Licensees are required to respond to board requests for information involving the investigation of disciplinary complaints against licensees. Failure to timely respond may result in disciplinary action against the licensee to whom the request is made. Information provided in response to such a request is confidential pursuant to Iowa Code section 272C.6(4), but may become public if introduced at a hearing which is open to the public, contained in a final order, or filed with a court of judicial review.

These rules are intended to implement Iowa Code chapters 22, 252J and 261.

Pursuant to the authority of Iowa Code sections 99D.7 and 99F.4, the Racing and Gaming Commission hereby gives Notice of Intended Action to amend Chapter 4, “Contested Cases and Other Proceedings,” Chapter 5, “Track and Excursion Boat Licensees’ Responsibilities,” and Chapter 6, “Occupational and Vendor Licensing,” Iowa Administrative Code.

Item 1 clarifies the authority of the Commission to implement an order or sanction after a stay has been vacated.

Item 2 proposes to adopt a subrule that was inadvertently omitted when the rule was rewritten.

Items 3 and 4 clarify existing rules.

Any person may make written suggestions or comments on the proposed amendments on or before July 17, 2001. Written material should be directed to the Racing and Gaming Commission, 717 E. Court, Suite B, Des Moines, Iowa 50309. Persons who wish to convey their views orally should contact the Commission office at (515)281–7352.

Also, there will be a public hearing on July 17, 2001, at9 a.m. in the office of the Racing and Gaming Commission, 717 E. Court, Suite B, Des Moines, Iowa. Persons may pre–sent their views at the public hearing either orally or in writing.

These amendments are intended to implement Iowa Code chapters 99D and 99F.

The following amendments are proposed.

ITEM 1. Amend subrule 4.45(3) as follows:

4.45(3) Vacation. A stay may be vacated by the issuing authority upon application by the commission or any other party. When a stay has been vacated, the commission or the commission’s designee shall implement the original order or sanction which had been stayed. The commission or the commission’s designee shall have full authority to determine how the original order or sanction is to be implemented.

ITEM 2. Amend rule 491—5.5(99D) by adopting the following new subrule:

5.5(9) Stewards. There shall be three stewards for each racing meet, two appointed by the commission and one nominated by the licensee for approval by the commission. The names of licensees’ nominees for steward and biographical information describing the experience and qualifications of the nominees shall be submitted no later than 45 days before commencement of a race meeting. The commission may consider for appointment or approval a person who meets all of the following requirements. The person shall have:

a. Engaged in pari–mutuel racing in a capacity and for a period satisfactory to the commission.

b. Satisfactorily passed an optical examination within one year prior to approval as a steward evidencing corrected 20/20 vision and the ability to distinguish colors correctly.

c. Satisfied the commission that income, other than salary as a steward, is independent of and unrelated to patronage of or employment by any occupational licensee under the supervision of the steward, so as to avoid the appearance of any conflict of interest or suggestion of preferential treatment of an occupational licensee.

ITEM 3. Amend subrule 6.2(1), paragraph “c,” introductory paragraph, as follows:

c. License applicants must complete and sign the application form prescribed and published by the commission. An incomplete application shall not be processed. The application shall state the full name, social security number, residence, date of birth, and other personal identifying information of the applicant that the commission deems necessary. The application shall include, in part, whether the applicant has any of the following:

ITEM 4. Amend rule 491—6.26(99D) by adopting the following new subrules:

6.26(1) Every veterinarian seeking to be licensed by the commission shall submit verification of a current and unrestricted license to practice veterinary science issued by the state of Iowa veterinary regulatory authority.

6.26(2) A veterinarian seeking to be licensed by the commission shall disclose in the veterinarian’s application to the commission all disciplinary action taken against any licenses to practice veterinary science held by the applicant.

Pursuant to the authority of Iowa Code sections 437A.4 and 437A.5, the Director of Revenue and Finance hereby gives notice of the electric delivery tax rate, the municipal electric transfer replacement tax rate, the natural gas delivery tax rate, and the municipal natural gas transfer replacement tax rate for each competitive service area in the state. These rates will be used in conjunction with the number of kilowatt hours of electricity and the number of therms of natural gas delivered to consumers in calendar year 2001 by each taxpayer to determine the tax due for each taxpayer in the 2002–2003 fiscal year.