Pages 1572 to 1640 include ARC 1490B to ARC 1534B

Schedule for rule making 1564

Publication procedures 1565

Administrative rules on CD–ROM 1565

Agency identification numbers 1570

CITATION OF ADMINISTRATIVE RULES 1569

Notice, Standards for teacher intern preparation
programs, ch 77 ARC 1525B 1572

Filed, Conservation education, 68.1 to
68.4, 68.6, 68.8 to 68.11 ARC 1526B 1620

Filed, Standards for practitioner preparation
programs, rescind ch 77 ARC 1527B 1620

Filed, Standards for graduate practitioner
preparation programs, rescind ch 78
ARC 1528B 1620

Filed, Wireless enhanced 911 implementation
and operation plan; recovery of overpayments;
administrative hearing process, 10.7(2),
10.9, 10.15 ARC 1490B 1620

Notice, Iowa empowerment board, ch 1
ARC 1513B 1575

Notice, Purchasing standards for service
contracts, ch 12 ARC 1532B 1580

Notice, Uniform terms and conditions for
service contracts, ch 13 ARC 1531B 1583

Filed, Inventory guidelines for state of Iowa
personal and real property, 10.2, 10.3, 10.6
ARC 1533B 1621

Notice, FIP—elimination of well–being visits,
41.24(8)“e,” 93.138(3)“f,” 93.138(4)
ARC 1504B 1586

Filed Emergency, FIP—elimination of
well–being visits, 41.24(8)“e,”
93.138(3)“f,” 93.138(4) ARC 1503B 1618

Filed, Refugee services program—limitations
on eligibility, 61.6(2) ARC 1497B 1622

Filed Emergency After Notice, Refugee services
program—pilot recredentialing services; targeted
assistance grants, 61.16, 61.17 ARC 1498B 1618

Filed, Medicaid for employed people with
disabilities coverage group—payment policy
and procedures for recipients who are assessed
premiums, 75.1(39)“b” ARC 1499B 1622

Filed, Medicaid—eligibility, 75.1(40), 75.2 to
75.4, 75.5(3), 75.7, 75.11(1), 75.13(2),
75.14, 75.23, 75.57 ARC 1500B 1623

Filed, Enrollment as Medicaid independent
providers—advanced registered
nurse practitioners certified in family,
pediatric, or psychiatric mental health
specialties, 77.36, 78.1(21), 78.21(1),
78.23, 78.31(5), 78.40, 79.1(2), 79.14(1)
ARC 1501B 1624

Filed, Medicaid policy—optometric and
optical services, 78.6, 78.7, 78.28(3)
ARC 1502B 1626

Filed, International medical graduates—
test of spoken English (TSE) as substitute
for test of English as a foreign language
(TOEFL) for special license,
10.4(3)“a”(4) ARC 1496B 1627

Filed, Acupuncturists—English proficiency
test requirements, 17.3, 17.4(1)“c”(2)
ARC 1494B 1627

Notice, Fish habitat promotion for county
conservation boards, ch 35 ARC 1518B 1586

Notice, Nursery stock prices, 71.3
ARC 1517B 1589

NATURAL RESOURCE COMMISSION[571] (Cont’d)

Filed, Land acquisition projects eligible for
ATV grant awards, 28.1, 28.10(2)
ARC 1515B 1627

Filed, Specifications for inflatable flotation
devices (PFDs); personal flotation—operators
and passengers of personal watercraft, 37.13
ARC 1516B 1628

Filed, Boating speed and distance zoning,
40.20, 40.44, 40.48 ARC 1514B 1628

Notice, Years of service incentive program,
1.1, 4.12, 4.13 ARC 1519B 1589

Notice, IPERS—benefits advisory
committee, 21.33 ARC 1491B 1590

Filed, Automated medication distribution
systems, ch 9 ARC 1511B 1629

Notice, Dietitians, rescind ch 79; renumber ch 80
to ch 83 as ch 81 to ch 84; adopt new ch 80;
amend 81.1 to 81.13, 82.2(1)
ARC 1510B 1593

Notice, Speech pathologists and audiologists,
ch 299; 300.1; rescind ch 301; 303.2(1)
ARC 1509B 1595

Notice, Physician assistants, chs 325 to 327;
328.5, 328.7; chs 329, 330 ARC 1495B 1597

Summarized list 1566

Filed, Radiation, amendments to chs 38 to 46
ARC 1493B 1630

Filed, Health data, 177.2 to 177.4, 177.8
ARC 1492B 1631

Notice, Definition of “steward”; initiation by
steward of suspension of occupational license;
gambling games of chance with prizes awarded
through promotional activities, 4.2, 4.6, 7.5(2),
11.5(4) ARC 1512B 1606

Notice, Personnel administration, amendments
to ch 3 ARC 1534B 1607

Filed, Individual income tax, income tax
withholding, corporate income tax,
7.5(3), 39.1, 40.21, 40.38(1), 40.56, 40.57,
41.3(3), 41.5(9), 42.2(11), 43.4(7), 46.7,
52.7, 53.11(8) ARC 1523B 1631

Filed, Retrieval of protest; errors not considered
as penalty exceptions; minimum bond for motor
fuel licensees; E–mail address or fax signature
valid on application for motor fuel license or
cigarette permit, 7.50(1), 10.8, 67.21(1),
67.23(1), 81.13(1) ARC 1521B 1632

Filed, Eligible development business investment
tax credit, 42.17, 52.20, 58.9 ARC 1522B 1633

Filed, Waivers or variances from administrative
rules, ch 8 ARC 1529B 1633

Filed Emergency, Primary election—nominations
by write–in votes for certain offices, 21.602
ARC 1524B 1619

Notice, Soil and water conservation districts—
use of other public funds; permanent practices—
tree planting and conservation cover,
10.41(9), 10.60(1), 10.82(3), 10.84
ARC 1530B 1616

Filed, Holiday rest stops; promotion of Iowa
agricultural products at rest areas; adopt–a–highway
program, amendments to chs 105, 106, 121
ARC 1505B 1633

Filed, City requests for closure of primary road
extensions, 151.1 ARC 1506B 1634

Filed, Regulations applicable to carriers,
520.1 ARC 1507B 1634

Filed, Motor carrier regulations, 529.1
ARC 1508B 1636

Filed, Competitive bidding process, ch 40
ARC 1520B 1636

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

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

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

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CITATION of Administrative Rules

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(chapter, rule, subrule, lettered paragraph, or numbered subparagraph).

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

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441 IAC 79.1(1)“a” (Paragraph)

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date), (page number), (ARC number).

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

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.

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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]

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Professional Licensing and Regulation Division[193]

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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 for[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 256.7, the State Board of Education hereby gives Notice of Intended Action to adopt Chapter 77, “Standards for Teacher Intern Preparation Programs,” Iowa Administrative Code.

The proposed rules govern approval of practitioner preparation programs at undergraduate and graduate levels rather than having separate chapters for each level. New licensure rules proposed by the Board of Educational Examiners set forth procedures for issuing a teacher intern license to an individual possessing a baccalaureate degree and meeting other prescribed requirements so that the individual may become the teacher of record in a high school during the one–year teacher internship. Four–year colleges or universities may offer a teacher intern preparation program approved by the State Board of Education. The proposed rules establish the standards required for approval of these teacher intern preparation programs.

A public hearing on the proposed rules will be held over the ICN from 4 to 5:30 p.m. on April 25, 2002, at which time persons may present their views orally or in writing.

The origination site is:

ICN Room, Second Floor

Grimes State Office Building

East 14th and Grand Avenue

Des Moines, Iowa

Additional sites are:

Metro High School

Room 208

1212 7th Street SE

Cedar Rapids

Dubuque Community School District

Marv O’Hare Room

Administration Office, Forum Building

2300 Chaney

Dubuque

A–H–S–T High School

768 S. Maple

Avoca

Morningside College

1501 Morningside Avenue

Sioux City

Persons who wish to make oral presentations at the public hearing may contact Dr. Sandra Renegar, Administrative Consultant, Division of Early Childhood, Elementary and Secondary Education, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa 50319–0147, or at (515)281–3427, prior to the date of the public hearing.

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

Any interested person may make written comments or suggestions on the proposed new chapter through 5:30 p.m., April 25, 2002. Written comments and suggestions should be addressed to Dr. Sandra L. Renegar, Administrative Consultant, Department of Education, at the above address; fax (515)281–7669; or E–mail Sandra.Renegar@ed.state.ia.us.

These rules are intended to implement Iowa Code sections 256.7 and 256.16.

The following new chapter is proposed.

CHAPTER 77
STANDARDS FOR TEACHER INTERN
PREPARATION PROGRAMS

281—77.1(256) General statement. Programs of teacher intern preparation leading to licensure in Iowa are subject to approval by the state board of education, as provided in Iowa Code chapter 256.

281—77.2(256) Definitions. For purposes of clarity, the following definitions are used throughout the chapter:

“AEA” means area education agency.

“BOEE” means the board of educational examiners, the board responsible for establishing licensure requirements and issuing licenses.

“Cooperating teachers” means classroom teachers who provide guidance and supervision to teacher candidates during the candidates’ field experiences in the schools.

“Department” means the department of education.

“Director” means the director of education.

“Institution” means a four–year college or university in Iowa offering teacher intern preparation and seeking state board approval of its teacher intern preparation program.

“INTASC” means the Interstate New Teacher Assessment and Support Consortium, the source of national standards for beginning teachers.

“Intern” means an individual who is enrolled in a teacher intern preparation program leading to teacher intern licensure.

“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 license issued under Iowa Code chapter 272. The individual must have a record of four years of successful teaching practice 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 or teacher interns.

“Partnership” means an agreement between a college or university and a school district or area education agency.

“Practitioner” means a teacher, administrator, or other professional school personnel holding a license issued by the board of educational examiners.

“Program” means the program for teacher intern preparation at colleges and universities leading to licensure of teacher interns.

“State board” means Iowa state board of education.

“Teacher intern candidate” means an individual who is enrolled in a teacher intern preparation program leading to teacher intern licensure.

“Teacher intern preparation program” means the program for teacher intern preparation at colleges and universities leading to licensure of teacher interns.

“Unit” means the organizational entity within an institution with the responsibility of administering the teacher intern preparation program.

281—77.3(256) Institutions affected. All Iowa colleges and universities engaged in the preparation of teacher interns and seeking state board approval of their programs shall meet the standards contained in this chapter.

281—77.4(256) Criteria for Iowa teacher intern preparation programs. Each institution seeking approval of its program of teacher intern preparation shall file evidence of the extent to which it meets the standards contained in this chapter by means of a written self–evaluation report and an evaluation conducted by the department. After the state board has approved the teacher intern preparation program filed by an institution, teacher intern candidates who complete the program and are recommended by the authorized official of that institution will be issued the appropriate license and endorsement(s).

281—77.5(256) Approval of programs. For initial approval, institutions shall submit written documentation of the teacher intern preparation program’s compliance with the program approval rules 77.10(256) through 77.16(256). Approval by the state board of the institutions’ teacher intern preparation programs shall be based on the recommendation of the director after study of the factual and evaluative evidence on record about each program in terms of the standards contained in this chapter. Approval, if granted, shall cover the period of time between initial approval and the institution’s next regularly scheduled state review under 281 IAC 79.5(256) and 281 IAC 79.6(256). After the initial approval period, approval of the teacher intern preparation program will be included as part of the institution’s reapplication for approval.

If approval is not granted, the applying institution will be advised concerning the areas in which improvement or changes appear to be essential for approval. In this case, the institution shall be given the opportunity to present factual information concerning its programs at the next regularly scheduled meeting of the state board. The institution may also reapply at its discretion when it is ready to show what actions have been taken to address the areas of suggested improvement.

281—77.6(256) Periodic reports. Institutions with approved teacher intern preparation programs shall make periodic reports upon request of the department. The reports shall provide basic information necessary to keep up–to–date records of each teacher intern preparation program and to carry out research studies relating to teacher intern preparation.

281—77.7(256) Approval of program changes. Upon application for approval of program changes by an institution, the director is authorized to approve minor additions to, or changes within, the curricula of an institution’s approved teacher intern preparation program. When an institution proposes a revision that exceeds the primary scope of its programs, the revision shall become operative only after having been approved by the state board.

281—77.8(256) Governance and resources. As a component of the program, the institution shall develop a partnership with the institution and local school district(s) or AEA. The partnership agreement shall clearly delineate the partnership members’ responsibilities and resources to be contributed to the program.

77.8(1) The institution’s responsibilities shall include but not be limited to:

a. Organizing and implementing the screening of prospective teacher interns;

b. Submitting a recommendation by the authorized official of the institution to the BOEE for a teacher intern license. The recommendation from the institution must be submitted to the BOEE upon the teacher intern candidate’s completion of the first 12 semester hours, as outlined in the program content, and prior to the beginning of the teacher internship year;

c. Supervising the teacher intern during the internship year;

d. Verifying that the teacher intern has successfully completed all required coursework and demonstrated all required competencies in the approved teacher intern program;

e. Submitting a recommendation to the BOEE that the teacher intern candidate is eligible to move from the teacher intern license to the initial license. The recommendation from the institution must be submitted to the BOEE upon the teacher intern candidate’s completion of the second 12 semester hours, as outlined in the program content.

f. Preparing data in response to the department’s request for information regarding, but not limited to, the teacher intern selection and preparation program, institutional support, local school district mentors, and local school district or AEA support.

77.8(2) The local school district’s or AEA’s responsibilities shall include, but not be limited to:

a. Offering employment to an individual who has been evaluated by a college or university for eligibility in the approved teacher intern program;

b. Participating in a state–approved mentoring and induction program;

c. Providing a district mentor for the teacher intern;

d. Ensuring that an assignment does not unnecessarily overload the teacher intern with extracurricular duties not related to the teaching assignment;

e. Providing other support and supervision, as needed, to the teacher intern to maximize the opportunity for the teacher intern to succeed;

f. Preparing data in response to the department’s request for information regarding, but not limited to, the teacher intern selection and preparation program, institutional support, the local school district mentor, and local school district support.

77.8(3) A teacher intern committee, with membership from the partnership including, but not limited to, a program director from the institution, teacher education faculty, and school principals, shall design the teacher intern program.

The teacher intern committee shall develop program goals, the program of study including field experiences, a system of support for teacher interns including mentoring and supervision by program faculty, an assessment plan for documenting teacher intern candidates’ progress during preparation, and other items deemed appropriate to the program design.

Upon implementation of the teacher intern preparation program, a teacher intern committee shall monitor progress of the program toward goals, examine formative and summative data about candidates and the program, and recommend ways to address issues arising during implementation or subsequent to analysis of evaluative data.

77.8(4) Resources shall support quality clinical practice for all teacher intern candidates, professional development for faculty, and technological and instructional needs of faculty to prepare teacher intern candidates with the dispositions, knowledge, and skills necessary to support student learning.

77.8(5) Teacher intern candidates’ and faculty’s access to books, journals, and electronic information shall support teaching and scholarship.

77.8(6) Sufficient numbers of faculty and administrative, clerical, and technical staff shall be available to ensure the consistent planning, delivery, and quality of the teacher intern program.

77.8(7) The use of part–time faculty and graduate students in teaching roles shall be managed to ensure integrity, quality, and continuity of the teacher intern program.

77.8(8) Institutional commitment shall include financial resources, facilities and equipment to ensure the fulfillment of the institution’s and unit’s missions, delivery of a quality program, and preparation of teacher intern candidates.

77.9(1) Recruitment, admissions, hiring, and retention policies and practices shall support a diverse faculty and teacher intern candidate population in the program.

77.9(2) Efforts toward racial, ethnic, and gender diversity among teacher intern candidates and program faculty shall be documented. In addition, diversity efforts shall include persons with disabilities, persons from different language and socioeconomic backgrounds, and persons from different regions of the country and world.

77.9(3) Unit efforts in increasing or maintaining diversity shall be reflected in plans, monitoring of plans and efforts, and results.

77.9(4) The institution, the program and members of the partnership shall maintain a climate that supports diversity in general as well as supporting teacher intern candidates and faculty from underrepresented groups in the program.

77.10(1) Faculty members from the institution and others in the partnership shall have preparation and have had experiences in situations similar to those for which the teacher interns are being prepared.

77.10(2) The collective competence and background of the total teacher intern preparation faculty shall reflect a balance of theory, experience, and knowledge appropriate to the teacher intern program being offered.

77.10(3) The program shall administer a systematic and comprehensive evaluation system and professional development activities to enhance the teaching competence and intellectual vitality of the teacher intern program faculty.

77.10(4) Policies and assignments shall allow faculty to be involved effectively in teaching, scholarship, and supervision of teacher intern candidates.

Teacher intern faculty members shall maintain an ongoing, meaningful involvement in activities in schools where teacher interns are employed. Activities of full–time permanent teacher intern faculty members from the institution preparing teacher interns shall include at least 40 hours of team teaching during a period not to exceed five years in duration at the middle or secondary school level. This five–year period shall align with the institution’s scheduled cycle of state review.

77.11(1) Representatives from members of the partnership shall be actively involved in the identification of criteria for selecting teacher intern candidates. Representatives from members of the partnership shall be actively involved in the screening, interviewing and selection of teacher intern candidates.

77.11(2) Rigorous screening shall be used to select teacher intern candidates. The screening shall include, but not be limited to:

a. Verification of the prospective candidate’s completion of a baccalaureate degree from a regionally accredited institution. If any candidate’s undergraduate grade point average is less than 2.5 on a 4.0 scale, the program admission criteria shall specify the additional criteria that an applicant must satisfy for provisional admittance to the teacher intern program;

b. Evaluation of the prospective candidate’s transcripts to determine if the prospective candidate meets the state minimum requirements for at least one of the board of educational examiners’ secondary (7–12) endorsement areas listed in 282 IAC 14.141(272);

c. Evaluation of the prospective candidate’s minimum of three years of postbaccalaureate work experience;

d. An in–person interview of the prospective candidate designed to generate information related to the attributes identified as essential for candidates by the partnership;

e. Examination of references submitted by the prospective teacher intern; and

f. Evaluation of an impromptu writing sample submitted by the prospective teacher intern.

77.12(1) Content. Teacher intern candidates shall develop the dispositions, knowledge, and performance expectations of the INTASC standards embedded in the professional education core for an Iowa teaching license at a level appropriate for a novice teacher. The teacher intern preparation program content shall include:

a. A minimum of 12 semester hours of introductory content specified by the board of educational examiners to be completed prior to the beginning of the academic year of the candidate’s initial employment as a teacher intern. This introductory content shall include, but not be limited to:

(1) Learning environment/classroom management. The intern shall demonstrate an understanding of individual and group motivation and behavior to create a learning environment that encourages positive social interaction, active engagement in learning, and self–motivation.

(2) Instructional planning. The intern shall plan instruction based upon knowledge of subject matter, students, the community, curriculum goals, and state curriculum models.

(3) Instructional strategies. The intern shall demonstrate an understanding of and shall use a variety of instructional strategies to encourage students’ development of critical thinking, problem solving, and performance skills.

(4) Student learning. The intern shall demonstrate an understanding of how students learn and develop and provide learning opportunities that support intellectual, career, social, and personal development.

(5) Diverse learners. The intern shall demonstrate an understanding of how students differ in their approaches to learning and create instructional opportunities that are equitable and are adaptable to diverse learners.

(6) Collaboration, ethics and relationships. The intern shall foster relationships with parents, school colleagues, and organizations in the larger community to support students’ learning and development.

(7) Assessment. The intern shall demonstrate an understanding of and shall use formal and informal assessment strategies to evaluate the continuous intellectual, social, and physical development of the learner.

(8) Field experiences that provide opportunities for interaction with students in an environment that supports learning in context. These experiences shall total at least 50 contact hours in the field prior to the beginning of the academic year of the candidate’s initial employment as a teacher intern.

b. A minimum of 4 semester hours of a teacher intern seminar during the teacher internship year to include support and extension of coursework from the teacher intern introductory content.

c. A minimum of 12 semester hours of concluding content specified by the BOEE to be completed prior to the recommendation for an initial teaching license. This content shall include but not be limited to:

(1) Foundations, reflection, and professional development. The intern shall continually evaluate the effects of the practitioner’s choices and actions on students, parents, and other professionals in the learning community and actively seek out opportunities to grow professionally.

(2) Communication. The intern shall use knowledge of effective verbal, nonverbal, and media communication techniques, and other forms of symbolic representation, to foster active inquiry and collaboration and to support interaction in the classroom.

(3) Exceptional learner. The intern shall use knowledge of exceptional learners that contributes to the education of individuals with disabilities and the gifted and talented.

(4) Reading strategies. The intern shall integrate reading strategies into the teaching of the content area.

(5) Computer technology. The intern shall use knowledge of technology, including computers, to enhance instruction.

(6) An advanced study of the items set forth in 77.12(1)“a”(1) to (7).

77.12(2) Instructional practices. The program faculty shall:

a. Apply adult learning theory and its impact on professional development;

b. Utilize innovative instructional practice supported by research;

c. Reintegrate active engagement of teacher intern candidates and facilitate teacher intern reflection; and

d. Connect professional education studies with teacher intern candidates’ field experiences prior to, during, and following the internship year.

77.13(1) The program shall provide an orientation for teacher intern candidates prior to the internship year including but not limited to the program goals and expectations, licensure requirements, support to be provided by the supervisor from the institution and the teacher mentor at the site of the internship, and cohort–building.

77.13(2) Program faculty shall provide teacher intern candidates with academic advising, monitoring of their performance throughout the program, and consultation opportunities.

77.13(3) Program faculty shall provide regular supervision in teacher intern candidates’ classrooms with additional supervision and assistance as needed.

77.13(4) The program shall coordinate support between the teacher intern candidate’s local district mentor and program supervisor.

77.13(5) The program shall offer the teacher intern candidate access to support services offered by the institution.

77.14(1) Performance of teacher intern candidates shall be measured against national professional standards, state licensure standards, and the program’s learning outcomes.

77.14(2) The program shall utilize a coherent, sequential assessment system for individual teacher intern candidates. The assessment system shall clearly document candidates’ attainment of the unit’s and the board of educational examiners’ licensure standards by providing evidence via multiple measures of content knowledge, professional and pedagogical knowledge, and effect on student learning and achievement. Whenever possible, this assessment system shalldocument teacher intern candidates’ performance of contentspecified in 77.12(1)“a”(1) to (7) and 77.12(1)“c”(1) to (5) in the teacher intern candidates’ classrooms.

77.14(3) The institution shall document teacher intern candidates’ completion of licensure requirements, and the authorized official of the institution shall recommend eligible candidates for licensure.

281—77.15(256) Program evaluation. The institution shall:

77.15(1) Demonstrate how the information gathered via the individual teacher intern candidate assessment system is utilized to refine and revise the program’s goals, content, delivery strategies, and candidate support.

77.15(2) Document the quality of programs through the collective presentation of assessment data related to performance of teacher intern candidates and demonstrate how the data are used for continuous program improvement.

a. This documentation shall include evidence of evaluative data collected by the teacher intern program through studies of teacher intern program candidates while they are in the program and data collected from the district(s) or AEA employing the candidates. This evidence shall include, but is not limited to, candidates’ content and pedagogical knowledge and performance, level of support for candidates provided by the institution and the local district, and perceived quality of preparation throughout the program.

b. This documentation shall include evidence of evaluative data collected by the teacher intern program through follow–up studies of teacher intern program graduates and their employers.

77.15(3) Submit an annual report to the department including, but not limited to, a composite of evaluative data collected by the program.

These rules are intended to implement Iowa Code sections 256.7 and 256.16.

Pursuant to the authority of Iowa Code section 256.7(5), the Iowa Empowerment Board hereby gives Notice of Intended Action to rescind Chapter 1, “Iowa Empowerment Board,” and adopt new Chapter 1, “Community Empowerment,” Iowa Administrative Code.

This amendment:

• Complies with Executive Order Number 8 in the review, revision and improvement of current rules;

• Allows local community empowerment greater flexibility in community planning to support children and their families;

• Eliminates duplication of phrases and terminology in current rules;

• Makes the language in the rules consistent with the language in the community empowerment documents that are used by community boards and local empowerment areas; and

• Orders and structures the language in the rules to enhance understanding and to increase readability.

Any interested person may make written suggestions or comments on these proposed rules on or before April 23, 2002. Such written materials should be directed to the Office of Empowerment, Department of Management, Room 12, State Capitol Building, Des Moines, Iowa 50319; fax (515) 281–4225; or E–mail Kris.Bell@idom.state.ia.us. Persons who wish to convey their views orally should contact the Office of Empowerment at (515)281–4537 or (515)281–4321 or at the Office of Empowerment in Room 12 at the State Capitol Building.

These rules are intended to implement Iowa Code chapter 28.

The following amendment is proposed.

Rescind 349—Chapter 1 and adopt the following new chapter in lieu thereof:

CHAPTER 1
COMMUNITY EMPOWERMENT

349—1.1(28) Scope. Community empowerment is created to establish partnerships between state government and communities. The emphasis is to develop community empowerment areas to improve the well–being of children and their families and, through collaboration, to improve the efficiency and effectiveness of local education, health and human services.

349—1.2(28) Purpose. Community empowerment is intended to empower individuals and their communities to achieve desired results to improve the quality of life for children and their families in Iowa. Community empowerment will enable local citizens to lead collaborative efforts involving education, health, and human services on behalf of children, families, and other citizens residing in the area. It is believed that individuals in local communities working together through the process of community assessment, identification of priorities and development of their community plan is the best means to reach desired results. The role of the Iowa empowerment board and the state is to support and facilitate growth of individual and community responsibility in place of the directive role the public has come to expect of government.

Every community in Iowa will develop the capacity and commitment to achieve these desired results for children and their families:

1. Healthy children.

2. Children ready to succeed in school.

3. Safe and supportive communities.

4. Secure and nurturing families.

5. Secure and nurturing child care environments.

349—1.3(28) Availability. Community empowerment areas are statewide to promote collaboration among state and local education, health, and human services, consumers, business, faith organizations and public and private organizations to reach the desired results.

349—1.4(28) Definitions. For the purpose of these rules, the following definitions apply:

“Accountable” means the community board will include the public in assessing, setting priorities, and developing and implementing a community plan to reach the purpose and desired results of empowerment and will ensure that adequate records are maintained.

“Advocacy” means to promote the purpose of community empowerment, promote the enhancement and expansion of the community plan and promote individual and family access to formal and informal support.

“Alignment” means state– and community–level interagency efforts to integrate early care, health, and education systems and enhance state and community partnerships through innovative approaches.

“Central office of empowerment” means a facilitator (appointed by the governor) and staff in the Iowa department of management.

“Citizen” means a resident of the empowerment area, who is not an elected official or a required representative for education, health, and human services, or a paid staff member of an agency whose services fall under the plan or purview of the community board. A citizen representative may also represent faith, consumer or business.

“Community assessment” means to identify all formal and informal supports, assets and resources, as well as gaps, in the empowerment area for children and their families. A community assessment includes communitywide data, statistics, and facts upon which to base decisions to develop a community plan and to identify priorities to reach the desired results.

“Community board” means the governing board for an empowerment area.

“Community board advisory council” means individuals appointed by the community board to function on a continuing basis to study and recommend policy and guidelines for the empowerment area.

“Community plan” means the local plan, adopted by the community board following input from the community, implemented in the empowerment area.

“Consumer” means an individual or a family member who is or has been receiving services or who is impacted by the community plan.

“Core functions” means components of services which provide a common foundation for home visitation, parent support and preschool services.

“Culturally competent” means the capacity to function across cultures, requiring the ability to appreciate, understand and interact with members of diverse populations within the community.

“Decategorization project” means the human services decategorization of child welfare and juvenile justice funding project operated under Iowa Code section 232.188.

“Designation” means the status awarded by the Iowa board to an empowerment area meeting the criteria for geographic boundaries, readiness, the collaboration process, assessment, priorities, a community plan and budget to reach the desired results for children and their families.

“Developmentally appropriate” means that services are based on human development and learning, individual characteristics and experiences, and social and cultural contexts.

“Elected official” means a member of a board or governing body elected through the means of a public election.

“Empowerment area” means a geographic area as defined by the local community and designated by the Iowa board.

“Family home visiting” means a face–to–face visit in the home, or other temporary location, with an individual or family to facilitate the individual or family to meet the goals.

“Fiscal agent” means a public agency as defined in Iowa Code section 28E.2; a community action agency as defined in Iowa Code section 216A.91; a nonprofit corporation; or an area education agency as defined in Iowa Code chapter 273 to be designated as the fiscal agent by a community board.

“Indicator” means a measure that indirectly quantifies the achievement of a result.

“Iowa board” means the state of Iowa’s community empowerment board as appointed by the governor that meets the membership criteria of citizens and state agency directors as voting members and legislators as nonvoting members.

“Iowa board advisory council” means a body of individuals appointed by the Iowa board, including community board members, to obtain input and recommendations on policy and guidelines.

“Iowa empowerment fund” means a fund created in the state treasury from which moneys will be distributed to empowerment areas for the purpose of supporting children and their families.

“Parent education” means any developmentally appropriate information provided to or facilitated with individuals who function in the role of parents or expectant parents.

“Parent support” means any activity, either formal or informal, that supports the success of children and their families to reach desired results.

“Performance measure” means a measure that assesses a program, activity, or service.

“Redesignation” means a process used by the community board and empowerment area to evaluate progress of collaborative efforts and the community plan toward reaching desired results.

“Result” means the effect desired for Iowans.

“Results–oriented” means the focus of the Iowa board and community boards is on results of the effect and impact the community plan and community collaboration have on children and their families for progress toward the desired results.7/01

“State agency” means a department of the executive branch including, but not limited to, the departments of education, public health, human services and human rights.

“State empowerment team” means the central office of empowerment and identified personnel from the state agencies of education, public health, human services, and human rights to provide the day–to–day operational work of local– and state–level community empowerment and support to the Iowa board.

“Technical assistance” means an ongoing, systematic and interactive process that is designed to achieve results and that enables knowledge from research, policy and best practice to be shared in partnerships through a variety of strategies with specific groups, agencies, communities and other partners to use within their unique contexts.

“Volunteer” means a citizen who has demonstrated a voluntary involvement in local activities serving in the interests of the community.

1.5(1) Structure. The office of empowerment shall be established as a division of the department of management to provide a center for facilitation, communication and coordination for the community empowerment process, associated activities and funding.

1.5(2) Staff shall include a facilitator who is appointed by the governor, subject to confirmation by the senate, and who serves at the pleasure of the governor. A deputy and support staff may be designated. Staff shall be provided by state agencies represented on the Iowa board and by additional state agencies which make staff available.

1.5(3) Responsibility. The central office of empowerment and state empowerment team shall:

a. Provide primary staffing to the Iowa board.

b. Coordinate state technical assistance activities.

c. Implement a technical assistance system. The technical assistance system:

(1) Utilizes local representatives of state agencies represented on the Iowa board.

(2) Utilizes other state agencies and individuals involved with empowerment areas.

d. Communicate and coordinate functions.

e. Increase state– and local–level collaboration.

f. Move authority and decision–making responsibility from the state to communities.

g. Compile an annual report to the governor and general assembly on Iowa board activity and policy development, state–level indicators toward desired results and the empowerment area’s collaboration process, local indicators and performance measures. The annual report will include progress to avoid duplication, enhance efforts, combine planning and best utilize identified funding to meet the needs of the children and their families in the empowerment areas.

1.5(4) Technical assistance. Funds will be allocated to support the central office of empowerment. Regional technical assistance teams will be established and include staff from community colleges, area education agencies and the Iowa State University of Science and Technology cooperative extension service in agriculture and home economics and various agencies.

a. Technical assistance shall be provided continuously as well as upon request at the state and community level by the state empowerment team, regional technical assistance teams, and appropriate local providers.

b. State or regional technical assistance may be provided, upon request, to assist in the resolution of a disagreement arising in empowerment areas or community boards.

1.6(1) Membership. The Iowa board shall consist of 17 voting members: 13 citizen members and 4 state agency director members. Six legislators shall serve as nonvoting members.

a. Four members shall be the directors, not the designees, of the state agencies of education, human rights, human services and public health.

b. The 13 citizen members shall be appointed by the governor, subject to confirmation by the senate.

(1) Appointments of citizen members shall ensure that each of the state’s congressional districts is represented by two citizen members.

(2) Citizen members may be reimbursed for actual and necessary expenses incurred in the performance of their duties, and paid a per diem as stated in Iowa Code section 7E.6.

(3) Appointments shall reflect the ethnic, cultural, social, and economic diversity of the state. The governor’s appoint–ees shall be selected from individuals nominated by community boards.

(4) Appointments shall reflect the community board membership of one or more members each representing education, health, human services, business, faith, consumer and public interest.

c. Six legislators shall serve as nonvoting members of the Iowa board.

(1) Three legislators shall be appointed by the speaker of the house, with not more than two representing the same political affiliation, following consultation with the majority and minority leaders.

(2) Three legislators shall be appointed by the majority leader of the senate, with not more than two representing the same political affiliation, following consultation with the president of the senate and the minority leader of the senate.

(3) Legislative members are eligible for per diem and expenses as provided in Iowa Code section 2.10.

1.6(2) Structure.

a. The Iowa board shall adopt bylaws to establish structure and function.

(1) The chairperson shall be elected from the citizen members.

(2) A simple majority of the voting membership shall constitute a quorum.

(3) Terms of office of all citizen members are three years.

(4) A vacancy on the board shall be filled in the same manner as the original appointment for the balance of the term.

b. The Iowa board shall meet a minimum of four times during the state fiscal year. Additional meetings may be called upon the request of the chairperson or upon the call of a majority of the voting members.

1.6(3) Iowa board responsibility.

a. The Iowa board may designate an advisory council consisting of representatives from community boards and persons knowledgeable or interested in the fields of health, human services, education and early childhood.

b. The Iowa board shall strive for coordination of services for children and their families through a state and local community partnership.

c. The Iowa board shall provide for maximum flexibility and creativity in the designation and administration of the responsibilities and authority of community boards and empowerment areas.

d. The Iowa board shall adopt guidance for community empowerment in Iowa. The guidance shall include at a minimum:

(1) The following state–level indicators are adopted and indirectly quantify the achievement of the desired results.

1. Low birth weight;

2. Rate of immunization by age two;

3. Children entering kindergarten are ready for school;

4. Incidence of child abuse;

5. Teen birth rate;

6. Serious crime;

7. Poverty level;

8. Employment rate;

9. Child abuse in a child care setting; and

10. Availability of child care.

(2) State–level indicators to be measured and available each fiscal year as compared with a baseline and prior fiscal years, as data is available.

(3) A process to request a plan of action from an empowerment area regarding progress toward desired results.

(4) Guidelines for progress reports by empowerment areas, including a process to report progress toward achieving results.

(5) Core functions for home visitation, parent support and preschool services provided through the community plan.

e. The Iowa board shall annually submit results to the governor and general assembly.

f. The Iowa board shall evaluate and determine empowerment area requests for approval of revised local structure and boundaries.

g. The Iowa board shall develop guidelines for insurance or other liability coverage of community boards.

h. The Iowa board shall, with extensive community input, develop and annually update a five–year and a ten–year plan to assist empowerment areas to reach collaboration and strive to align local assets and resources to reach desired results. The annual plan update will be provided each December to empowerment areas, the governor, and the general assembly.

i. The Iowa board shall identify bodies in state government providing overlapping and similar purposes to the public in education, health, and human service and make recommendations to the governor and general assembly to increase alignment, coordination, consolidation or integration to achieve desired results.

j. The Iowa board shall coordinate, consolidate, or integrate community–level committees, coalitions, planning groups, and other bodies with common purposes and memberships formed in response to state requirements.

k. The Iowa board shall evaluate and respond to requests from a community board for consolidation or integration to enhance reaching desired results. In order to implement a waiver, the community boards will follow the current waiver process as identified in administrative rules of each state agency.

l. The Iowa board shall establish a process for redes–ignation to occur every three fiscal years.

(1) The Iowa board determines the award of redesignation status to an empowerment area.

(2) The community board evaluates:

1. Community plan;

2. Progress toward local indicators and performance measures;

3. Collaboration process;

4. Management of empowerment funds; and

5. Local system development.

1.7(1) Structure. A large enough population and geographic area exist to efficiently and effectively administer the responsibilities and authority of the community board to enable citizens to lead collaborative efforts involving education, health, and human services on behalf of children, families and other citizens in the empowerment area.

a. A governing board is established to meet criteria for membership and structure and to assume the responsibility of a community board.

b. An empowerment area of a county or school district not meeting required criteria may request an exception to policy from the Iowa board.

1.7(2) Responsibility. An empowerment area is established to enable local citizens to be involved and commit to reaching the desired results for children and their families and to reaching the purpose of community empowerment.

1.8(1) Structure. A community board shall function as the governing board for an empowerment area.

a. Empowerment area functions shall be performed under the authority of a community board.

b. A community board is a unit of local government for purposes of Iowa Code chapter 670, which relates to tort liability of governmental subdivisions.

c. A majority of the members of a community board shall be elected officials or citizens.

d. A community board shall have members to represent, at a minimum, education, health, human services, citizens, elected officials, and business, faith, consumer and public interest.

e. Each community board shall adopt bylaws that will, at a minimum:

(1) Establish the function and structure for community boards.

(2) Set the terms of office for three years, and the terms shall be staggered.

(3) Provide for the election of a chairperson from citizens, elected officials or volunteers.

f. A community board shall establish an organizational structure to ensure that the local expertise, public will and continuous input from the community are requested, reviewed and evaluated.

g. The meetings of a community board or any committee or other body established by a community board at which public business is discussed or formal action taken shall comply with the requirements of Iowa Code chapter 21 (open meetings).

h. A community board shall maintain its records in accordance with Iowa Code chapter 22 (open records).

1.8(2) Responsibility.

a. A community board shall:

(1) Obtain extensive community input to develop a mission and a vision for the empowerment area.

(2) Designate a fiscal agent from a public agency, a community action agency, an area education agency or a nonprofit corporation.

(3) Administer, at a minimum, the community empowerment funds from the state awarded for the empowerment area.

(4) Administer funds as provided by law or from other federal, state, local, grant, foundation, or private moneys or other funds.

(5) Ensure that interest or earnings on the community empowerment funds will be used for services in the community plan.

(6) Coordinate with the decategorization governing boards the community plan and budget for the empower–ment geographic area.

(7) Develop and implement a community plan, with identified priorities, based on community assessments which address human service, education and health needs to support children and their families to reach desired results.

(8) Ensure that an annual report for the empowerment area on the effectiveness of the community plan is submitted each fiscal year to the Iowa board and to local governing bodies in the empowerment area.

1. Complete a budget that identifies existing sources of funding, including in kind and match, and how these funds may be coordinated with the early childhood and school ready funds to support the community plan.

2. Identify members of the community board, including each member’s representation.

3. Identify local empowerment area indicators to assess the effectiveness of the community plan.

4. Provide measures, data, facts and statistics, including analysis, on progress of the community collaboration and the community plan.

5. Include baseline data and the ensuing fiscal year’s data for local indicators, identify priorities, link local indicators to desired results, and report performance measures.

(9) Provide for staff to the empowerment area and community board through the collaborative efforts of public and private organizations committed to reaching desired results for children and their families.

(10) Develop a plan to sustain community efforts to support children and their families within the empowerment area.

(11) Function as a coordinating body for collaboration and alignment of services, which are offered by different entities and directed toward similar purposes, within the empowerment area.

(12) Assume other responsibilities established by law or administrative rule.

b. A community board may:

(1) Designate one or more committees for oversight of empowerment funds awarded to the empowerment area.

(2) Develop, within the empowerment area, neighborhood bodies for community–level input to the community board and implementation of the community plan.

(3) Implement the Iowa board’s process to award funds at the beginning of the fiscal year to service providers.

(4) Establish an advisory council with representatives from the empowerment area to advocate, make recommendations, provide expertise, suggest public policy, and provide guidance to the community board. The community board may appoint an advisory council including members who are professionals knowledgeable in the fields of health, human services, early care, and education.

(5) Apply to the Iowa board or state agencies for waivers in order to administer categorical funds for services provided in the empowerment area which support the desired results for children and their families.

(6) By mutual written agreement between the community board, the decategorization board, and the state department of human services, assume the duties of the decategorization board or the decategorization board may serve as a committee of the community board.

349—1.9(28) Iowa empowerment fund. An Iowa empowerment fund is created in the state treasury as specified in Iowa Code section 28.9. A school ready funding account is created in the Iowa empowerment fund under the authority of the Iowa board to be administered by the director of the department of education. Moneys credited to the account shall be distributed by the department of education to designated empowerment areas pursuant to criteria established by the Iowa board in accordance with law. An early childhood funding account is created in the Iowa empowerment fund and shall be distributed by the department of human services to designated empowerment areas pursuant to criteria established by the Iowa board in accordance with law. Interest or earnings on moneys deposited in the Iowa empowerment fund shall be credited to the fund.

1.10(1) Purpose. The purpose of Iowa empowerment funds is to:

a. Encourage early intellectual stimulation of very young children;

b. Increase the basic skill levels of students entering school;

c. Increase the health status of children;

d. Reduce the incidence of child abuse and neglect;

e. Increase the access of children to an adult mentor;

f. Increase parents’ involvement with their children;

g. Increase the quality and accessibility of child care and preschool.

1.10(2) Criteria for the use of early childhood funds. Use of early childhood funds is defined in department of human services 441—Chapter 169, Iowa Administrative Code.

1.10(3) Criteria for school ready funds. School ready funds may be provided according to the community plan following community assessment of assets, resources and needs and identification of priorities.

a. Services, at a minimum in a community plan, may include, but are not limited to:

(1) Child development services.

(2) Child care services.

(3) Child care provider training on a child’s early learning experience.

(4) Children’s health and safety.

(5) Assessment services to identify chemically exposed infants and children.

(6) Parent support and education.

(7) Preschool services for children at risk.

b. Up to 3 percent, not to exceed $60,000, of annual school ready funds may be used by the community board for administrative costs and other implementation expenses.

c. Empowerment areas are encouraged to commit 60 percent of school ready funds to family home visitation and parent support based upon a local community needs assessment.

d. Eligibility to receive school ready funds shall be limited to designated empowerment areas.

e. School ready funds may be adjusted for other federal and state grant moneys received by the empowerment area.

f. Distribution of school ready funds shall be in accordance with directives in the current legislative appropriation of these funds.

These rules are intended to implement Iowa Code chapter 28.

Pursuant to the authority of Iowa Code sections 18.3 and 18.4, the Department of General Services hereby givesNotice of Intended Action to adopt Chapter 12, “Purchasing Standards for Service Contracts,” Iowa Administrative Code.

This proposed chapter is intended to establish a system of uniform standards for purchasing services in state government. The Department developed these uniform standards in cooperation with other state agencies as provided for in Iowa Code section 18.3.

The rules in Chapter 12 describe procedures for service contracting, including sole source procurement and emergency procurement, previously governed by some portions of Procedures 240.101 and 240.102 of the Department of Revenue and Finance Policy and Procedure Manual and include definitions for key terms. The rules address when departments and establishments must use a competitive bidding process to purchase services and when they may use a sole source or emergency procurement instead of a competitive bidding process. The rules include guidance to departments and establishments about additional requirements and procedures they should follow when purchasing services. The rules provide a mechanism that allows departments and establishments to use an informal competitive process for purchases of services with an annual value of less than $50,000 or an aggregate value of less than $150,000.

Proposed Chapter 13, published herein as ARC 1531B, addresses uniform terms and conditions for service contracts. Chapter 13 is based on Iowa Code Supplement section 8.47, which utilizes the term “department and establishment” as defined in Iowa Code section 8.2. For consistency, this same definition is adopted in Chapter 12.

These rules contain a procedure allowing a department or establishment to seek a waiver or variance from these rules upon a showing of good cause.

Public comments concerning the proposed rules will be accepted until 3:30 p.m. on April 24, 2002. Interested persons may submit written, oral or electronic comments by contacting Patti Schroeder, Department of General Services, Hoover State Office Building, Level A, Des Moines, Iowa 50319–0104; telephone (515)281–8384; fax (515)242–5974; E–mail Patti.Schroeder@dgs.state.ia.us.

Also, there will be a public hearing on April 24, 2002, at 11 a.m. in the Director’s Conference Room, Department of General Services, Hoover State Office Building, Level A, Des Moines, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and confine their remarks to the subject of the rules. Persons with special needs may contact the Department prior to the hearing if accommodations need to be made.

These rules are intended to implement Iowa Code sections 18.3 and 18.4.

The following new chapter is proposed.

CHAPTER 12
PURCHASING STANDARDS
FOR SERVICE CONTRACTS

401—12.1(18) Authority and scope. This chapter is adopted for the purpose of establishing a system of uniform standards for purchasing services in state government. The department of general services has adopted these uniform standards in cooperation with other state agencies as provided for in Iowa Code section 18.3.

The rules address when departments and establishments must use competitive bidding to purchase services and when it is acceptable to use a sole source or emergency procurement instead of a competitive bidding process. The rules provide a mechanism that allows departments and establishments to use an informal competitive process for purchases of services when the estimated annual value of the contract is less than $50,000 and when the estimated value of the multiyear contract in the aggregate, including renewals, is less than $150,000. The rules also include guidance to departments and establishments about additional requirements and procedures they should follow when purchasing services.

401 IAC Chapter 13 addresses uniform terms and conditions for service contracts in accordance with Iowa Code section 8.47, which utilizes the term “department and establishment” as defined in Iowa Code section 8.2. This chapter adopts the same definition of “department and establishment” for the purpose of consistency between this chapter and 401 IAC Chapter 13.

401—12.2(18) Applicability. This chapter shall apply to all departments and establishments purchasing services, other than the state board of regents, unless otherwise provided by law.

401—12.3(18) Definitions. For the purposes of this chapter, the following definitions shall apply:

“Bidding documents” or “bid documents” means documents prepared for a competitive selection by a department or establishment to purchase services. Bidding documents may include requests for proposal, invitations to bid, invitations to bid with best value considerations, invitations to qualify, requests for strategy, auctions, reverse auctions, negotiated bidding, or any other type of document a department or establishment is authorized to use that is designed to advise service providers that a department or establishment is interested in procuring services for state government.

“Competitive selection” means a formal or informal proc–ess engaged in by a department or establishment to compare prices, terms, and conditions of equal or similar services in order to meet the objective of purchasing services based on price, quality, performance, or any combination thereof.

“Department and establishment” and “department” or “establishment” mean any executive department, commission, board, institution, bureau, office, or other agency of the state government, including the state department of transportation, except for funds which are required to match federal aid allotted to the state by the federal government for highway special purposes, and except the courts, by whatever name called, other than the legislature, that uses, expends or receives any state funds.

“Duration” means the specific length of a service contract.

“Emergency” includes, but is not limited to, a condition:

1. That threatens public health, welfare or safety; or

2. In which there is a need to protect the health, welfare or safety of persons occupying or visiting a public improvement or property located adjacent to the public improvement; or

3. In which the department or establishment must act to preserve critical services or programs or in which the need is a result of events or circumstances not reasonably foreseeable.

“Emergency procurement” means an acquisition of a service or services resulting from an emergency need.

“Formal competition” means a competitive selectionprocess that employs a request for proposal or other competitive selection process authorized by applicable law resulting in a service contract.

“Informal competition” means a streamlined competitive selection process in which a department or establishment makes an effort to contact at least three prospective service providers identified by the purchasing department or establishment as qualified to perform the work described in the scope of work to provide bids or proposals to provide the services the department or establishment is seeking.

“Intergovernmental agreement” means an agreement for services between a department or establishment and any other governmental entity, department or establishment whether federal, state, or local and any department, division, unit or subdivision thereof.

“Private agency” or “private agencies” means an individual or any form of business organization authorized under the laws of this or any other state or under the laws of any foreign jurisdiction.

“Service” or “services” means work performed for a department or establishment or for its clients by a service provider and includes, but is not limited to:

1. Professional or technical expertise provided by a consultant, advisor or other technical or service provider to accomplish a specific study, review, project, task, or other work as described in the scope of work. By way of example and not by limitation, these services may include the following: accounting services; appraisal services; analysis and assessment of processes, programs, fiscal impact compliance, systems and the like; auditing services; communications services; services of peer reviewers, attorneys, financial advisors, and expert witnesses for litigation; architectural services; information technology consulting services; services of investment advisors and managers; marketing services; policy development and recommendations; program development; public involvement services and strategies; research services; scientific and related technical services; software development and system design; and the services of underwriters, physicians, pharmacists, engineers, and architects; or

2. Services provided by a vendor to accomplish routine functions. These services contribute to the day–to–day operations of state government. By way of example and not by limitation, these services may include the following: ambulance service; aerial surveys; aerial mapping and seeding; charter service; boiler testing; bookkeeping service; building alarm systems service and repair; commercial laundry service; communications systems installation, servicing and repair; court reporting and transcription services; engraving service; equipment or machine installation, preventive maintenance, inspection, calibration and repair; heating ventilation and air conditioning (HVAC) system maintenance service; janitorial service; painting; pest and weed control service; grounds maintenance, mowing, parking lot sweeping and snow removal service; towing service; translation services; and travel service.

“Service contract” means a contract for a service or services when the predominant factor, thrust, and purpose of the contract as reasonably stated is for the provision or rendering of services. When there is a contract for both goods and services and the predominant factor, thrust, and purpose of the contract as reasonably stated is for the provision or rendering of services with goods incidentally involved, a service contract exists and these rules apply. “Service contract” includes grants when the predominant factor, thrust, and purpose of the contract formalizing the grant is for the provision or rendering of services.

“Service provider” means a vendor that enters into a service contract with a department or establishment.

“Sole source procurement” means a purchase of services in which the department or establishment selects a service provider without engaging in a competitive selection proc–ess.

401—12.4(18) Intergovernmental agreements. In the event another governmental entity has resources available to supply a service sought by a department or establishment, the department or establishment, to the extent practicable and when reasonably competitive with the marketplace, may enter into an intergovernmental agreement with the other governmental entity and is not required to use competitive selection. For the purchase of services when the estimated annual value of the service contract is equal to or greater than $5,000 or when the estimated value of the multiyear service contract in the aggregate, including any renewals, is equal to or greater than $15,000, a department or establishment shall include a survey of pricing and other information in the contract file to establish that the service was obtained for a price and of a quality that are reasonably competitive with the marketplace. If the department or establishment determines that services provided by another governmental entity are not reasonably competitive with the marketplace, the department or establishment shall use competitive selection to select a service provider unless another provision of law or an executive order requires the department or establishment to purchase the services of the other governmental entity.

401—12.5(18) Use of competitive selection. Departments and establishments shall use competitive selection to acquire services from private agencies when the estimated annual value of the service contract is equal to or greater than $5,000 or when the estimated value of the multiyear service contract in the aggregate, including any renewals, is equal to or greater than $15,000 unless there is adequate justification for a sole source or emergency procurement pursuant to rule 12.7(18) or 12.8(18) or another provision of law.

12.5(1) When the estimated annual value of the service contract is equal to or greater than $50,000 or the estimated value of the multiyear service contract in the aggregate, including any renewals, exceeds $150,000, a department or establishment shall use a formal competitive selection process to procure the service.

12.5(2) When the estimated annual value of the service contract is equal to or greater than $5,000 but less than $50,000 and the estimated value of the multiyear service contract in the aggregate, including any renewals, does not exceed $150,000, a department or establishment, in its sole discretion, shall use either a formal or informal competitive selection process to engage a service provider.

12.5(3) The requirement to use competitive selection to select a service provider when the estimated annual value of the service contract is equal to or greater than $5,000 or when the estimated value of the multiyear service contract in the aggregate, including renewals, is equal to or greater than $15,000 applies even when the department or establishment purchases services from a private entity and designates the contract it enters into with the private entity as a 28E agreement.

401—12.6 Reserved.

12.7(1) When justified. A sole source procurement shall be avoided unless clearly necessary and justifiable. A department or establishment may purchase services using a sole source procurement under the following circumstances:

a. A department or establishment determines that one service provider is the only one qualified or eligible or is quite obviously the most qualified or eligible to perform the service; or

b. The services being purchased involve work that is of such a specialized nature or related to a specific geographic location that only a single source, by virtue of experience, expertise, proximity to the project, or ownership of intellectual property rights, could most satisfactorily provide the service; or

c. A department or establishment is hiring a service provider to provide peer review services for a professional licensing board pursuant to Iowa Code chapter 272C; or

d. A department or establishment is hiring the services of experts, advisors, counsel or consultants to assist in any type of legal proceeding including but not limited to testifying or assisting in the preparation of quasi–judicial or judicial proceedings; or

e. The federal government or other provider of funds for the services being purchased (other than the state of Iowa) has imposed clear and specific restrictions on the department’s or establishment’s use of the funds in a way that restricts the department or establishment to only one service provider; or

f. Applicable law requires, provides for, or permits use of a sole source procurement.

12.7(2) Special procedures required for sole source procurements.

a. When the annual value of the service contract exceeds $5,000 or when the estimated value of the multiyear service contract in the aggregate, including renewals, is equal to or greater than $15,000, the head of a department or establishment or designee shall sign the sole source contract or the amendment. Use of sole source procurement does not relieve a department or establishment from negotiating a fair and reasonable price and thoroughly documenting the procurement action.

b. When the annual value of the service contract exceeds $5,000 or when the estimated value of the multiyear service contract in the aggregate, including renewals, is equal to or greater than $15,000, a department or establishment shall be required to complete a sole source justification form. The director of the department or establishment shall sign the sole source justification form. The claim for the first payment on a contract requires a copy of the signed original contract, a copy of the precontract questionnaire, a copy of the sole source justification form, and an original invoice or original claimant signature.

c. The contract for the sole source procurement shall comply with 401 IAC 13.4(8,18), uniform terms and conditions for service contracts, or 401 IAC 13.5(8,18), special terms and conditions.

12.8(1) When justified. An emergency procurement shall be limited in scope and duration to meet the emergency. When considering the scope and duration of an emergency procurement, the department or establishment may consider price and availability of the service procured so that the department or establishment obtains the best value for the funds spent under the circumstances. Departments or establishments should attempt to acquire services, with as much competition as practicable under the circumstances.

12.8(2) Special procedures required for emergency procurements.

a. The head of a department or establishment shall sign all emergency contracts and amendments regardless of value or length of term. If the head of a department or establishment is not available, a designee may sign an emergency contract or amendment. Use of an emergency procurement does not relieve a department or establishment from negotiating a fair and reasonable price and documenting the procurement action.

b. When the annual value of the service contract exceeds $5,000 or when the estimated value of the multiyear service contract in the aggregate, including renewals, is equal to or greater than $15,000, a department or establishment shall be required to complete an emergency justification form. The director of the department or establishment or the director’s designee shall sign the emergency justification form.

c. If an emergency procurement results in the extension of an existing contract that contains performance criteria, the contract extension shall comply with 401 IAC 13.4(8,18), uniform terms and conditions for service contracts, or 401 IAC 13.5(8,18), special terms and conditions.

12.9(1) When utilizing an informal competition as defined in rule 12.3(18), the department or establishment may contact the prospective service providers in person, by telephone, fax, E–mail or letter. When the department or establishment is not able to locate three prospective service providers, the department or establishment must justify contacting fewer than three service providers. The justification shall be included in the contract file.

12.9(2) A department or establishment may send copies of the scope of work to service providers that it has identified as qualified to perform the work described in the scope of work.

401—12.10 Reserved.

12.11(1) Each service contract signed by a department or an establishment shall have a specific starting and ending date.

12.11(2) Departments and establishments shall not sign self–renewing service contracts that do not have a specific ending date.

12.11(3) A service contract should be competitively selected on a regular basis so that a department or establishment obtains the best value for the funds spent, avoids inefficiencies, waste or duplication and may take advantage of new innovations, ideas and technology. A service contract, including all optional renewals, shall not exceed a term of six years unless the department or establishment obtains a waiver of this provision pursuant to 12.16(18).

12.12(1) Departments and establishments, whether utilizing informal or formal competition, shall provide a notice of each procurement for services to the targeted small business Web page located at the Iowa department of economic development in conformance with Iowa Code section 73.16(2).

12.12(2) Except in an emergency procurement, services shall not be performed pursuant to a service contract for a department or establishment until all parties to the contract have signed the contract.

12.12(3) At the conclusion of the competitive selection process, all service providers shall be required to sign a service contract.

12.12(4) Each department or establishment shall maintain a contracting file for each service contract signed by the department or establishment.

401—12.13 and 12.14 Reserved.

12.15(1) These rules do not apply to contracts for both goods and services when the predominant factor, thrust, and purpose of the contract as reasonably stated is for the purchase of goods with service incidentally involved. However, in no event shall departments and establishments designate contracts as contracts for goods to avoid the application of these rules.

12.15(2) Nothing in this chapter is intended to supplant or supersede the requirements adopted by the department of revenue and finance relating to the processing of claims. Departments or establishments entering into personal services contracts should refer to procedure 240.102 of the department of revenue and finance policy and procedure manual.

12.16(1) For the purpose of this chapter, a “waiver or variance” means an action by the director of the department of general services that suspends, in whole or in part, the requirements or provisions of a rule in this chapter as applied to a department or establishment when the department or establishment establishes good cause for a waiver or variance of the rule. For simplicity, the term “waiver” shall include both a “waiver” and a “variance.”

12.16(2) Requests for waivers. A department or establishment seeking a waiver shall submit a written request for a waiver to the director. The written request shall identify the rule for which the department or establishment seeks a waiver, the contract or class of contracts for which the department or establishment seeks a waiver, and the reasons that the department or establishment believes justify granting the waiver.

12.16(3) Criteria for waiver. In response to a request for a waiver submitted by a department or establishment, the director may issue an order waiving in whole or in part the requirements of a rule in this chapter if the director finds that the department or establishment has established good cause for waiving the requirements of the rule. “Good cause” includes, but is not limited to, a showing that a requirement or provision of a rule should be waived because the requirement or provision would likely result in an unintended, undesirable, or adverse consequence or outcome. An example of good cause for a waiver is when a contract duration period of longer than six years is more economically feasible than a six–year contract in light of the service being purchased by the department or establishment.

401—12.17(18) Effective date. This chapter shall apply to service contracts with a starting date on or after October 1, 2002.

These rules are intended to implement Iowa Code sections 18.3 and 18.4.

Pursuant to the authority of Iowa Code Supplement section 8.47 and Iowa Code section 18.4, the Department of General Services hereby gives Notice of Intended Action to adopt Chapter 13, “Uniform Terms and Conditions for Service Contracts,” Iowa Administrative Code.

The purpose of this new chapter is to comply with Iowa Code Supplement section 8.47 by providing (1) uniform terms and conditions that must be included in service contracts entered into by agencies and (2) a mechanism for agencies to seek approval to use in their service contracts special terms and conditions that are not included in the rules as provided for in Iowa Code Supplement section 8.47. The terms and conditions generally require agencies to include performance criteria when executing service contracts. The rules include definitions for key terms. Iowa Code Supplement section 8.47, which is part of the Accountable Government Act relating to service contracts, and these rules utilize the definition of “department and establishment” that is found in Iowa Code chapter 8.

A mechanism for using special terms and conditions is included in Iowa Code Supplement section 8.47(2). Consequently, the Department’s waiver rule will not be available to departments or establishments seeking waivers or variances from the provisions of these rules.

Public comments concerning the proposed rules will be accepted until 3:30 p.m. on April 24, 2002. Interested persons may submit written, oral or electronic comments by contacting Patti Schroeder, Department of General Services, Hoover State Office Building, Level A, Des Moines, Iowa 50319–0104; telephone (515)281–8384; fax (515)242– 5974; E–mail Patti.Schroeder@dgs.state.ia.us.

Also, there will be a public hearing on April 24, 2002, beginning at 11 a.m. in the DGS Director’s Conference Room, Department of General Services, Hoover State Office Building, Level A, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and confine their remarks to the subject of the rules. Persons with special needs may contact the Department of General Services prior to the hearing if accommodations need to be made.

These rules are intended to implement Iowa Code Supplement section 8.47 and Iowa Code section 18.4.

The following new chapter is proposed.

CHAPTER 13
UNIFORM TERMS AND CONDITIONS
FOR SERVICE CONTRACTS

401—13.1(8,18) Authority and scope. In accordance with Iowa Code Supplement section 8.47, this chapter is adopted to provide uniform terms and conditions for departments and establishments to use in service contracts and to provide a mechanism for departments and establishments to seek approval to use in their service contracts special terms and conditions that are not included in this chapter as provided for in Iowa Code Supplement section 8.47(2).

The terms and conditions generally require departments and establishments to include performance criteria when executing service contracts. Iowa Code Supplement section 8.47, which is part of the accountable government Act relating to service contracts, and these rules utilize the definition of “department and establishment” that is found in Iowa Code chapter 8.

401—13.2(8,18) Applicability. This chapter shall apply to all departments and establishments purchasing services, other than the state board of regents, unless otherwise provided by law.

401—13.3(8,18) Definitions. For the purposes of this chapter, the following definitions shall apply:

“Department and establishment” and “department” or “establishment” means any executive department, commission, board, institution, bureau, office, or other agency of the state government, including the state department of transportation, except for funds which are required to match federal aid allotted to the state by the federal government for highway special purposes, and except the courts, by whatever name called, other than the legislature, that uses, expends or receives any state funds.

“Efficiency measures” means unit cost or level of productivity associated with a given activity, service or product.

“Input measures” means the amount of resources invested, used or spent for activities, services or products.

“Outcome measures” means the quantifiable expression of the effect on customers, clients, the environment, or infrastructure that reflects the purpose of the activity, service or product produced or provided.

“Output measures” means the number of activities, services or products produced or provided.

“Performance measures” means measures that assess an activity, service or product. Performance measures include quality, input, output, efficiency, and outcome measures.

“Quality measures” means the quantifiable expression of how well the activity, service or product was delivered, based on characteristics determined to be important to the customers.

“Service” or “services” means work performed for a department or establishment or for its clients by a service provider and includes, but is not limited to:

1. Professional or technical expertise provided by a consultant, advisor or other technical or service provider to accomplish a specific study, review, project, task, or other work as described in the scope of work. By way of example and not by limitation, these services may include the following: accounting services; appraisal services; analysis and assessment of processes, programs, fiscal impact compliance, systems and the like; auditing services; communications services; services of peer reviewers, attorneys, financial advisors, and expert witnesses for litigation; architectural services; information technology consulting services; services of investment advisors and managers; marketing services; policy development and recommendations; program development; public involvement services and strategies; research services; scientific and related technical services; software development and system design; and services of underwriters, physicians, pharmacists, engineers, and architects; or

2. Services provided by a vendor to accomplish routine functions. These services contribute to the day–to–day operations of state government. By way of example and not by limitation, these services may include the following: ambulance service; aerial surveys; aerial mapping and seeding; charter service; boiler testing; bookkeeping service; building alarm systems service and repair; commercial laundry service; communications systems installation, servicing and repair; court reporting and transcription services; engraving service; equipment or machine installation, preventive maintenance, inspection, calibration and repair; heating ventilation and air conditioning (HVAC) system maintenance service; janitorial service; painting; pest and weed control service; grounds maintenance, mowing, parking lot sweeping and snow removal service; towing service; translation services; and travel service.

“Service contract” means a contract for a service or services when the predominant factor, thrust, and purpose of the contract as reasonably stated is for the provision or rendering of services. When there is a contract for both goods and services and the predominant factor, thrust and purpose of the contract as reasonably stated is for the provision or rendering of services with goods incidentally involved, a service contract exists and these rules apply. “Service contract” includes grants when the predominant factor, thrust, and purpose of the contract formalizing the grant is for the provision or rendering of services.

“Service provider” means a vendor that enters into a service contract with a department or establishment.

401—13.4(8,18) Uniform terms and conditions for service contracts. All service contracts entered into by a department or establishment shall include, at a minimum, the following terms:

13.4(1) Payment clause. The contract shall include a clause or clauses describing the amount or basis for paying consideration to the party based on the party’s performance under the service contract. The payment clause(s) should be designed to work in harmony with any monitoring clauses and any postcontract review procedures. All payment clauses shall be consistent with Iowa Code section 421.40. The payment clause(s) should also be designed to work in harmony with the outputs, outcomes or any combination thereof desired by a department or establishment. Acceptable payment clauses include the following:

a. A payment clause in which the department or establishment describes the limit of the total fee to be paid, and the fee is divided between a base fee and an at–risk fee. The base fee is the amount of fee the service provider will earn for minimal performance in the completion of the contract. The at–risk portion of the fee is the incremental fee the service provider will earn as the service provider meets the performance criteria identified in the contract. The amount of the fee in both instances may be stated in terms of a percentage, an amount, or some other term. Incentives and disincentives may be used to affect the payment of the base fee and the at–risk portion of the fee. The amount of the incentive or disincentive may be stated in terms of a percentage, an amount, or some other term. The payment of the fee shall be based upon the outcomes or outputs achieved or the performance criteria satisfied.

b. A payment clause based on meeting minimum requirements for performance criteria, outcomes, or outputs with incentives and disincentives to achieve other desired outcomes, outputs or performance criteria. The incentives may be stated in terms of a percentage, a fixed amount, or some other term. Up to 100 percent of the incentive may be placed at risk in order to meet or exceed performance criteria or achieve desired outcomes or outputs. Disincentives may be employed to achieve performance criteria or outcomes. Disincentives may be stated in terms of a percentage, a fixed amount, or some other term. Disincentives may include payments to the department or establishment for performance failures up to 100 percent of the fee the service provider expects to earn from performance of the contract.

c. A payment clause based on a straight contingency fee with the entire fee at risk depending on outcomes or outputs achieved or performance criteria satisfied.

d. A payment clause based on a base fee and an amount retained by a department or establishment to ensure performance criteria described in the contract are satisfied or outcomes are achieved or outputs are obtained. If the vendor meets the performance criteria or outcomes or outputs, then a department or establishment may pay some or all of the portions of the fee retained as an incentive or disincentive and as provided for in the contract.

e. A payment clause based on a base fee and a contingency fee depending on the outcomes achieved, outputs obtained, or performance criteria satisfied. The base fee may be stated in terms of an hourly fee, a fixed–price fee, or a not–to–exceed fee. The contingency fee may be stated in terms of a percentage of a recovery.

f. Any other payment clause determined by the department or establishment to be suitable and appropriate for the service contract that bases the amount or basis for paying consideration to the service provider based on the service provider’s performance under the service contract.

13.4(2) Monitoring clause. The contract shall include a clause or clauses describing the methods to effectively oversee the party’s compliance with the service contract by the department or establishment receiving the services during performance, including the delivery of invoices itemizing work performed under the service contract prior to payment. Monitoring should be appropriate to the nature of the contract as determined by the department or establishment. Acceptable methods of monitoring may include:

a. One hundred percent inspection.

b. Random sampling.

c. Periodic inspection.

d. Customer input.

e. Invoices itemizing work performed.

f. A monitoring plan determined by the department or establishment to be appropriate for purposes of the service contract and that includes methods to effectively oversee the service provider’s compliance with the service contract by the department or establishment.

13.4(3) Review clause. The contract shall include a clause or clauses describing the methods to effectively review performance of a service contract, including but not limited to performance measurements developed pursuant to Iowa Code chapter 8E. The review clause for performance may include:

a. Outcome measures.

b. Output measures.

c. Efficiency measures.

d. Quality measures.

e. A review plan determined by the department or establishment to be appropriate for the purposes of the service contract and that includes methods to effectively review performance of a service contract.

13.4(4) Other terms. The contract shall include:

a. Where appropriate, a nonappropriation clause;

b. A clause describing the duration of the contract;

c. Clauses requiring the service provider to comply with all applicable laws;

d. Where appropriate, an insurance clause;

e. A clause, exhibit, or other document that describes the scope of services to be performed;

f. A termination clause;

g. A default clause, where appropriate;

h. An independent contractor clause;

i. Other clauses as deemed appropriate by the department or establishment entering into a service contract.

401—13.5(8,18) Special terms and conditions. Rule 401—13.4(8,18) does not apply to service contracts containing special terms and conditions adopted by a department or establishment for use in its service contracts with the approval of the department of management, in cooperation with the office of the attorney general, the department of general services, the department of personnel and the department of revenue and finance as provided for in Iowa Code Supplement section 8.47(2).

13.6(1) These rules do not apply to contracts for both goods and services when the predominant factor, thrust and purpose of the contract as reasonably stated is for the purchase of goods with service incidentally involved. However, in no event shall departments and establishments designate contracts as contracts for goods to avoid the application of these rules.

13.6(2) These rules do not apply to service contracts utilizing funds that are required to match federal aid allotted to the state by the federal government for highway special purposes.

13.6(3) These rules do not apply to service contracts entered into as the result of an emergency procurement in accordance with 401 IAC 12.8(18), unless the emergency procurement results in the extension of an existing contract that contains performance criteria.

401—13.7(8,18) Effective date. This chapter shall apply to service contracts with a starting date on or after October 1, 2002.

These rules are intended to implement Iowa Code Supplement section 8.47 and Iowa Code section 18.4.

Pursuant to the authority of Iowa Code section 239B.4, the Department of Human Services proposes to amend Chapter 41, “Granting Assistance,” and Chapter 93, “PROMISE JOBS Program,” appearing in the Iowa Administrative Code.

These amendments eliminate “well–being” visits currently required for families whose Family Investment Program assistance has been canceled as a result of a participant’s choosing the limited benefit plan for the second time. 2002 Iowa Acts, House File 2340, terminates the Department’s contract with the Department of Public Health for providing visits by qualified social service professionals. The legislation provides that the Department may conduct these visits only if funding is available. The Department no longer has the resources to support the cost of these visits.

These amendments do not provide for waivers in specified situations because a requirement is being eliminated and because of budget constraints.

The substance of these amendments is also Adopted and Filed Emergency and is published herein as ARC 1503B. The purpose of this Notice is to solicit comment on that submission, the subject matter of which is incorporated by reference.

Any interested person may make written comments on the proposed amendments on or before April 24, 2002. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319– 0114. Comments may be sent by fax to (515) 281–4980 or by E–mail to policyanalysis@dhs.state.ia.us.

These amendments are intended to implement Iowa Code section 239B.9.

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to adopt new Chapter 35, “Fish Habitat Promotion for County Conservation Boards,” Iowa Administrative Code.

The 2001 General Assembly enacted the fish habitat fee for the purpose of developing fish habitats. Not less than 50 percent of the revenue collected is to be used by the Commission to enter into agreements with county conservation boards. This proposed chapter allows the Department to distribute fish habitat funds and enter into agreements with county conservation boards. The rules were developed by a committee composed of Department’s Fisheries Bureau staff and county conservation board directors.

Any interested person may make written suggestions or comments on the proposed amendment on or before May 7, 2002. Such written materials should be directed to Martin Konrad, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319–0034; fax (515) 281–6794. Persons who wish to convey their views orally should contact the Fisheries Bureau at (515)281–6976 orat the Fisheries Bureau offices on the fourth floor of theWallace State Office Building.

There will be a public hearing on May 7, 2002, at 2 p.m. in the Fourth Floor East Conference Room of the Wallace State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment.

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

This amendment is intended to implement Iowa Code Supplement section 483A.3A.

The following new chapter is proposed.

CHAPTER 35
FISH HABITAT PROMOTION
FOR COUNTY CONSERVATION BOARDS

571—35.1(483A) Purpose and definitions. The purpose of this chapter is to designate procedures for the allotment of fish habitat revenue to county conservation boards. These funds shall be used specifically to acquire from willing sellers whole or partial interest in land for use as or protection of fish habitats and to develop and enhance fishable waters and habitat areas. The department shall administer the fish habitat funds for the purposes as stated in the law at both the state and county levels.

The following definitions apply in these rules:

“Commission” means the natural resource commission.

“County” means a county conservation board.

“Department” means the department of natural resources.

“Director” means the director of the department of natural resources.

“District” means a county conservation district.

571—35.2(483A) Availability of funds. Fish habitat funds are dependent on sales. Revenues received by the department shall determine the amount of moneys available at any time.

35.2(1) Local share. Funds available for county conservation boards shall be specified in the department’s budget in accordance with legislative appropriations. At least 50 percent of the fish habitat revenue shall be apportioned to county conservation boards.

35.2(2) Distribution. After deduction of 5 percent to be held for contingencies, the remaining local share shall be available on an annual basis. The department shall divide fish habitat funds equally among the districts. The districts shall have two years to obligate fish habitat funds once the funds are made available. After two years, the department shall apportion all unobligated funds equally among the districts.

571—35.3(483A) Program eligibility. All counties are eligible to participate in this program.

571—35.4(483A) Eligibility for cost–sharing assistance. A project shall not be eligible for cost sharing unless the commission specifically approves the project or the applicant has received a written waiver of retroactivity from the director prior to the project’s initiation. A project shall not be eligible for cost sharing unless public fishing is allowed; however, the review and selection committee as described in 35.6(1) may recommend for commission approval projects with restrictions on boating.

35.4(1) Acquisition projects. A licensed appraiser shall appraise lands or rights thereto to be acquired, and the appraisal shall be approved by department staff. The appraisal requirement may be waived when the staff determines that it is impractical for a specific project. The cost share shall not be approved for more than 90 percent of the approved appraised value. Acquisition projects are eligible for cost share either by direct payment as described in subrule 35.11(6) or by reimbursement to counties.

35.4(2) Eligible acquisition activities.

a. Acquisition for pond and lake construction.

b. Acquisition of fishable streams, ponds and lakes.

c. Acquisition for watershed protection.

35.4(3) Development projects. Eligible expenditures for development projects shall include, but not be limited to, preliminary expenses; contracts; the purchase of materials and supplies; rentals; and extra labor that is hired only for the specific project. The purchase of equipment is not an eligible expenditure. Donated labor, materials and equipment–use and use of a county’s own labor and equipment are not eligible for cost–share assistance. Development projects are limited to lands legally controlled by the county for the expected life of the project. Development projects are eligible only for reimbursement of reasonable costs actually incurred and paid by the county.

35.4(4) Enhancement projects. For purposes of this rule, “enhancement” shall be considered to be synonymous with “development.” Eligible enhancement activities include:

a. Physical placement of fish habitats in ponds, lakes, pits and streams.

b. Armoring of pond, lake, pit and stream shores.

c. Construction of aeration systems.

d. Dredging of ponds or lakes.

e. Construction of ponds and lakes.

f. Construction of sediment–retaining basins.

g. Repair of lake dam/outlets.

h. Manipulation of fish populations and aquatic vegetation.

i. Removal of dams.

j. Construction of fish ladders.

k. Construction of fish barriers.

l. Construction of rock–faced jetties.

35.4(5) Project income. When, as a result of a purchase agreement or other title transfer action involving cost sharing with fish habitat funds, a county directly or indirectly receives financial income that would have been paid to the previous landowner, 90 percent of that income shall be transferred to the department unless the county has identified and committed to habitat development projects or additional acquisitions on the project site to be funded from the income received. The project review and selection committee shall recommend, and the director and commission shall approve, plans for the expenditure of income received pursuant to this subrule. In the absence of acceptable fish habitat development or acquisition plans, the county shall transfer to the department 90 percent of the income received as it is received. The department shall credit that income to the county’s apportionment of the fish habitat fund as described in 35.2(1). The schedule of those reimbursements from a county to the state shall be included in the project agreement.

571—35.5(483A) Application for assistance. Applications must contain sufficient detail as to clearly describe the scope of the project and how the area shall be managed.

35.5(1) Form. Applications must be submitted on forms provided by the department.

35.5(2) Time of submission. Applications for funds shall be reviewed and selected for funding during January of each year. The district designee shall receive an original application and six copies in acceptable form by the close of business on the last business day of November of the previous year for consideration. The district shall forward a copy of all applications to the department’s designee by December 15 of the previous year. Upon timely notice to eligible recipients, additional selection periods may be scheduled if necessary to expedite the distribution of funds. In emergencies, a county may request a waiver so that an acquisition project may be approved for retroactive payments if funds are available and the project meets all other criteria.

35.5(3) Joint applications. Joint applications are permitted. One county shall serve as the primary applicant. A joint application shall clearly describe the respective share of project costs for each county named. Any cooperative agreement between the counties named shall be provided as a part of the application.

35.5(4) County funding. An applicant shall certify that it has committed its share of project costs and that these funds are available and shall state the means of providing for the county share. All necessary approvals for acquisition and financing shall be included with the application. All financial income received directly or indirectly that would have been paid to the previous landowner as a result of a purchase agreement or other title transfer action shall be completely documented in the application.

35.5(5) Multiple development projects. An application for development project assistance may include development on more than one area if the development is of a like nature.

35.6(1) Review and selection committee. Each district shall have a review and selection committee, hereinafter referred to as the committee. Each committee shall be composed of least five county directors or their designees. Each district’s committee shall determine which grant applications and amendment requests shall be selected for funding. For advisory purposes only, a department biologist or designee shall be present during review and selection of grant applications and amendment requests.

35.6(2) Consideration withheld. The committee shall not consider any application that on the date of the selection session is incomplete or for which additional pertinent information has been requested but not received.

35.6(3) Application rating system. The committee shall apply a rating system to each grant application considered for fund assistance. The department shall develop the rating system. The rating system shall be used to rate each application, and those applications receiving the highest ratings shall be selected for fund assistance to the extent of the allotment for each annual period. If the amount of grant moneys available exceeds that requested, applications shall be reviewed only to determine eligibility.

571—35.7(483A) Commission review. The director shall present the committees’ recommendations to the commission at its next meeting following the rating of projects for funding. The commission may approve or disapprove funding for any project on the list.

571—35.8(483A) Grant amendments. If funds are available, projects for which grants have been approved may be amended to increase or decrease project scope or to increase or decrease project costs and fund assistance. The director shall approve project changes prior to their inception. Amendments to increase project costs and fund assistance due to cost overruns shall not be approved if funds have already been committed or the work has already been performed.

571—35.9(483A) Timely commencement of projects. Grant recipients are expected to carry out their projects in an expeditious manner. A project for which a grant is approved shall be commenced within six months of the date upon which the grantee is notified that the project is approved, or at another date agreed upon by both parties. Failure to do so may be cause for termination of the project and cancellation of the grant by the commission.

571—35.10(483A) Project period. A project period that is commensurate with the work to be accomplished shall be assigned to each project. Extensions shall be granted only in case of extenuating circumstances.

35.11(1) Grant amount. Grant recipients shall be paid 90 percent of all eligible costs incurred on a project up to the amount of the grant unless otherwise specified in the project agreement.

35.11(2) Project billings. Grant recipients shall submit billings for reimbursement or cost sharing on forms provided by the commission.

35.11(3) Project billing frequency. Project billings shall be submitted on the following basis:

a. Up to $10,000 total project cost—one billing.

b. Over $10,000 total project cost—no more than two billings.

35.11(4) Documentation. Grant recipients shall provide documentation to substantiate all costs incurred on a project as required by the department.

35.11(5) Development projects. Eighty percent of the approved local share may be paid to the county when requested, but not earlier than start–up of the project. The department, pending successful completion and final inspection of the project, shall withhold 20 percent of the local share until any irregularities discovered as a result of a final site inspection have been resolved.

35.11(6) Acquisition projects. The department may make payment directly to a property seller pursuant to the following criteria:

a. The county requests direct payment in the project application and shows good cause for such procedure.

b. The seller provides to the county a marketable fee simple title, free and clear of all liens and encumbrances or material objections at the time of payment; and

c. Sufficient program funds are available at the time of transfer.

571—35.12(483A) Record keeping and retention. A grant recipient shall keep adequate records relating to its administration of a project, particularly relating to all incurred costs and direct or indirect income that normally would have been paid to the previous landowner resulting from a purchase agreement or other title transfer action. A copy of the county’s audits showing such income and disbursements for the grant period shall be submitted to the department’s budget and grant bureau. These records shall be available for audit by appropriate personnel of the department and the state auditor’s office. All records shall be retained in accordance with state law.

571—35.13(483A) Penalties. Whenever any real or personal property acquired or developed with fish habitat fund assistance passes from the control of the grantee or is used for other purposes that conflict with the project purpose, it shall be considered an unlawful use of the funds. The department shall notify the county of any such violation.

35.13(1) Remedy. Funds thus used unlawfully shall be returned to the department for inclusion in the fish habitat fund, or local, non–cost–shared funds shall be used to acquire a replacement property of equal value at current market prices and with commensurate benefits to fish. The replacement property must be approved by the commission. The county shall have a period of two years after notification by the department in which to correct the unlawful use of funds. The remedies provided by this subrule are in addition to others provided by law.

35.13(2) Land disposal. Whenever it has been determined and agreed upon by the grantee and the commission that land acquired or developed with fish habitat fund assistance is no longer of value for the project purpose or that the county has other good cause, the commission may authorize that the land be disposed of and the proceeds thereof used to acquire or develop an area of equal value or that 90 percent of the proceeds be returned to the state for inclusion in the fish habitat fund.

35.13(3) Ineligibility. If the department determines that a county has unlawfully used fish habitat funds, the county shall be ineligible for further assistance until the matter has been resolved to the satisfaction of the commission.

These rules are intended to implement Iowa Code Supplement section 483A.3A.

Pursuant to the authority of Iowa Code subsection 456A.24(5), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 71, “Nursery Stock Sale to the Public,” Iowa Administrative Code.

This amendment will increase the price of nursery stock sold to the public and allow stock to be provided to schools and conservation groups for special events. The price increase is needed to ensure that nursery stock sales cover future production costs and promote conservation plantings. Prices have not been increased since 1999.

Any interested person may make written suggestions or comments on the proposed amendment on or before April 23, 2002. Such written materials should be directed to Jerry Kemperman, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319–0034; fax (515)281–6794. Persons who wish to convey their views orally should contact the Forestry Bureau at (515)281–5441 or at the Forestry Bureau offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on April 23, 2002, at 1 p.m. in the Fourth Floor East Conference Room of the Wallace State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment.

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

This amendment is intended to implement Iowa Code sections 456A.20 and 456A.24.

The following amendment is proposed.

Amend rule 571—71.3(456A,461A) as follows:

71.3(1) Prices for hardwoods and shrubs shall be as follows:

71.3(2) (3) Prices for conifers shall be $20 per hundred plants. be as follows:

71.3(3) (4) Prices for wildlife packets shall be $65 90 each.

71.3(4) (5) Prices for songbird packets shall be $20 each.

71.3(5) (6) Prices for walnut seed shall be $3 per pound.

Pursuant to the authority of 2001 Iowa Acts, Second Extraordinary Session, chapter 5, and Iowa Code section 19A.9, the Department of Personnel hereby gives Notice of Intended Action to amend Chapter 1, “Definitions,” and Chapter 4, “Pay,” Iowa Administrative Code.

The proposed amendments implement the Department’s mandatory rule–making obligation under Iowa Code section 19A.9(19) to promulgate rules providing “for the development and operation of programs to improve the work effectiveness and morale of employees in the executive branch, excluding employees of the state board of regents, including training, safety, health, welfare, counseling, recreation, and employee relations.” A waiver provision is not included in these rules because, pursuant to rule 581—33.12(17A,19A, 97B), numbered paragraph “6,” rules governing separation shall not be waived. Allowance of a waiver of the rules in Chapter 4 would not promote a uniform and consistent proc–ess for separations, nor ensure a uniform and consistent application of these rules.

A public hearing on these proposed amendments is scheduled for 9 a.m., on April 29, 2002, in the Grimes North Conference Room, Grimes State Office Building, First Floor, East 14th and Grand, Des Moines, Iowa.

Persons wishing to comment on the proposed amendments may present their views at the public hearing orally or in writing. At the hearing, persons wishing to comment will be asked to provide their names and addresses for the record and to confine their remarks to the subject of the proposed amendments. Individuals who wish to make oral presentations at the public hearing may contact the Departmental Rules Coordinator, Iowa Department of Personnel, Grimes State Office Building, East 14th and Grand, Des Moines, Iowa 50319–0150, or at (515)281–4168, or by E–mail at mike.prey@idop.state.ia.us prior to the public hearing.

Any interested person may make written comments or suggestions concerning the proposed amendments before 4:30 p.m. on April 29, 2002. Written comments or suggestions should be addressed to Michael Prey, Department of Personnel, Grimes State Office Building, East 14th and Grand, Des Moines, Iowa 50319–0150, or at (515)281–4168, or by E–mail at mike.prey@idop.state.ia.us.

These amendments are intended to implement Iowa Code chapter 19A.

The following amendments are proposed.

ITEM 1. Amend rule 581—1.1(19A) by adopting the following new definition in alphabetical order:

“Permanent employment” means any period of full–time or part–time executive branch service (except board of regents employment) in a nontemporary position for which the person is eligible to accrue leave and participate in the health and dental insurance programs administered by the department pursuant to 581 IAC 15.1(19A) or 15.2(19A).

ITEM 2. Adopt new rule 581—4.12(19A) as follows:

581—4.12(19A) Years of service incentive program. This termination incentive program is provided for in 2001 Iowa Acts, Second Extraordinary Session, chapter 5. To be eligible to participate in this program, an employee must have completed at least ten years of credited service as of the date of termination of employment.

4.12(1) Definitions. For purposes of this program:

“Credited service” means service in a retirement system as defined in Iowa Code sections 97B.1A and 97A.1, including buy–back or buy–in service. Length of credited service shall be as calculated by the respective retirement system, pursuant to each system’s respective rules and regulations.

“Employee” means an employee of the executive branch of state government, including an employee of a judicial district of the department of corrections or the department of justice. However, “employee” does not mean an employee of the state board of regents or an elected official.

“Employer” means a department, agency, board, or commission within the executive branch of state government.

“Participant” means an eligible employee selected by the employer who agrees to participation, who is approved for participation, and who receives a termination incentive.

“Program” means the years of service incentive program established in 2001 Iowa Acts, Second Extraordinary Session, chapter 5, section 1.

“Regular annual salary” means (1) for full–time employees, an employee’s regular biweekly salary on the date of termination, multiplied by 26; or (2) for part–time employees, the cumulative salary received by the employee during the 26 pay periods immediately prior to submission of the employer’s business plan.

“Termination incentive” means an amount equal to the lesser of $250 for every quarter year of credited service of the eligible employee or the regular annual salary of the eligible employee.

4.12(2) As a condition of participation in this program, participating employees shall, in writing, on forms developed by the department:

a. Waive all rights to file suit against the state of Iowa, including all state departments, agencies, and other subdivisions, based on state or federal claims arising out of the employment relationship;

b. Acknowledge that, as a participant in the program, the employee waives any right to accept permanent employment with the state of Iowa other than as an elected official or as an employee of the state board of regents;

c. Agree to separate from employment with the state by the date agreed upon by the eligible employee and the employer, consistent with the approved business plan.

4.12(3) Prior to offering this incentive program to eligible employees, the employer must receive approval from the department and from the department of management. The employer shall submit a business plan, on forms developed by the department, at least 75 days prior to the expected employment termination date. The business plan must justify the offer of the incentive to the proposed participants. The business plan must include:

a. The name(s) of each proposed participant, including the length of credited service to confirm eligibility;

b. The projected dollar savings to be achieved during the current fiscal year;

c. The specific resources or programs the employer seeks to manage differently through the use of the program and how the impacted resources or programs will be affected; and

d. The proposed date(s) by which the employer expects to fill the position(s) vacated by the eligible participant(s).

4.12(4) If a business plan is approved, the employer may offer the eligible participant(s), in writing, the opportunity to participate in the program. The employer may rescind an offer to participate in the program at any time prior to an eligible employee’s acceptance of a written offer to participate in the program. The written notice shall include:

a. A date by which the offer must be accepted or rejected;

b. A proposed date for termination of the participant’s employment; and

c. A written release and acknowledgment signed by the participant agreeing to participate in the program.

4.12(5) Participants in the program shall receive, upon termination, a lump sum termination incentive as described in 581 IAC 4.12(1).

ITEM 3. Adopt new rule 581—4.13(19A) as follows:

581—4.13(19A) Appeals. Appeal of the application of these rules must be filed as a grievance pursuant to 581 IAC 12.1(19A). The appeal procedures for grievance decisions as addressed in 581 IAC 12.2(19A) must be exhausted prior to a petition for judicial review.

Pursuant to the authority of Iowa Code section 97B.15, the Department of Personnel hereby gives Notice of Intended Action to amend Chapter 21, “Iowa Public Employees’ Retirement System,” Iowa Administrative Code.

The proposed amendment is intended to replace rule 581—21.33(17A,97B) regarding the transition benefits advisory committee, effective July 1, 2001, with a new rule regarding the permanent benefits advisory committee (BAC), effective July 3, 2002. The BAC shall be an advisory committee that serves as a channel for employers and employees to help formulate policies and recommendations regarding the provision of benefits and services to members of the system.

This amendment is not subject to requests for waivers and is intended to fully implement the statutory language calling for the creation of a permanent benefits advisory committee as required in 2001 Iowa Acts, chapter 68, sections 13, 20 and 24.

Any interested person may make written suggestions or comments on the proposed amendment on or before April 23, 2002. Such written suggestions or comments should be directed to the IPERS Administrative Rules Coordinator,IPERS, 7401 Register Drive, P.O. Box 9117, Des Moines, Iowa 50306–9117. Persons who wish to present their comments orally may contact the IPERS Administrative Rules Coordinator at (515)281–0089 or (800)622–3849, ext. 10089. Comments may also be submitted by fax to (515) 281–0045, or by E–mail to www.ipers.info.

There will be a public hearing on April 23, 2002, at 9 a.m. at IPERS, 7401 Register Drive, Des Moines, Iowa, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendment.

This amendment is intended to implement Iowa Code chapter 97B and 2001 Iowa Acts, chapter 68, sections 13, 20, and 24.

The following amendment is proposed.

Rescind rule 581—21.33(17A,97B) and adopt the following new rule in lieu thereof:

21.33(1) Scope. This rule shall govern the conduct of business by the IPERS’ benefits advisory committee (BAC).

21.33(2) Purpose. The BAC shall be an advisory committee that serves as a channel for employers and employees to help formulate policies and recommendations regarding the provision of benefits and services to members of the system.

21.33(3) Membership.

a. Initial BAC. The initial BAC shall be composed of 14 representatives. Thirteen of these representatives shall be the appointees of the following organizations forming the transition BAC created July 1, 2001: the Iowa State Education Association, the Iowa Association of Community College Trustees, the School Administrators of Iowa, the Iowa Association of School Boards, the Retired School Personnel Association, the State Police Officers Council, the department of personnel (which shall be represented by its director), the IPERS’ Improvement Association, the American Federation of State, County, and Municipal Employees, the Iowa State Sheriffs’ and Deputies’ Association, the Iowa State Association of Counties, the Iowa League of Cities, and the Iowa Association of Chiefs of Police and Peace Officers.

In addition, there shall be a citizen representative who has substantial pension benefits experience and who is not a member of IPERS.

b. Appointment of BAC representatives. Each member organization shall appoint a representative to serve onthe BAC. The citizen representative shall be elected by the eight voting representatives who serve under paragraphs 21.33(5)“a” and “b.” Member organizations and the citizen representative shall provide in writing to the chairperson the name, address, and telephone number of and other information about the representative as required by the chairperson. The BAC shall not entertain petitions disputing an organization’s choice of its representative.

c. Attendance. Any representative shall be deemed to have submitted a resignation from participation in the BAC if either of the following events occurs:

(1) The representative does not attend three or more consecutive regularly scheduled meetings.

(2) The representative attends fewer than one–half of the regularly scheduled meetings of the BAC each fiscal year.

This provision applies only to a period beginning on or after the date when the person assumes the position of representative. In the event that a representative is deemed to have resigned under this provision, the chairperson shall immediately notify the representative’s organization and require the appointment of a different representative within 30 days.

If a representative is unable to attend a meeting, an alternate may attend the meeting, but shall not be able to cast a vote. Attendance by an alternate shall not relieve the regular representative of the responsibility of attendance at regularly scheduled meetings.

21.33(4) Replacement or expansion of membership organizations. A membership organization must be a unit of the executive branch or a formally organized corporation or association representing a viable and identifiable group of covered employers or covered employees as determined by the BAC in its sole discretion.

An organization that wishes to replace an existing membership organization may petition the BAC at any time to do so. If the BAC determines that there are two organizations that meet the foregoing requirements and purport to represent the same group of covered employers or employees, the board seat shall be awarded to the organization representing the largest number of employer or employee constituents, as applicable.

An organization that would qualify as a membership organization under this subrule may also, in lieu of replacing an existing membership organization, petition the BAC to increase the number of membership organizations listed in subrule 21.33(3) to include that organization.

This subrule shall not be construed to affect the board positions reserved for the director of the department of personnel or the position reserved for a citizen who has substantial pension benefits experience and who is not a member of IPERS.

21.33(5) Voting representatives. The BAC shall have nine voting representatives. Four shall represent employers, four shall represent active and retired members of the system, and one shall be a citizen who has substantial pension benefits experience and who is not a member of IPERS.

a. Employer constituent group representatives. One representative shall be the director of the department of personnel. The remaining representatives of employer constituent groups shall be elected by the full membership of the BAC as follows: one shall be a representative of a constituent group representing cities, one shall be a representative of a constituent group representing counties, and one shall be a representative of a constituent group representing local school districts.

b. Member constituent group representatives. One representative shall be elected by the full membership of the BAC as a representative of a constituent group that represents teachers. The other three voting representatives of active and retired members shall be elected by the remaining BAC representatives not automatically selected by virtue of legally mandated seats or designated as voting members by the full membership of the BAC under paragraph “a” or this paragraph. No more than one of these voting members shall be the representative of a constituent group that solely represents the public safety protection classes.

c. Voting rights. No member organization shall be permitted to designate a substitute voting representative to cast the vote of a member organization at a meeting in the event that the named representative cannot attend the meeting. No member organization shall have more than one vote on a matter brought before the BAC.

d. Terms of voting representatives. The term of each voting representative shall be three years, except as otherwise indicated in this paragraph.

The terms of the voting representatives shall be staggered, so as to maintain an acceptable level of continuity and experience on the BAC. Accordingly, the terms of voting representatives chosen to begin July 1, 2002, shall be set as follows: The voting representatives shall draw lots to determine the length of their terms of office. Two shall serve for one year, three shall serve for two years, and two shall serve for three years. This formula recognizes that two voting representatives, the director of the department of personnel and the citizen representative, are required by law to be voting members. At the expiration of the one–, two– or three–year term, the voting representative elected to fill that position shall serve for a three–year term.

If a voting representative resigns or is replaced by the appointing organization, the appointing organization shall appoint a successor who shall be a voting member for the remainder of the term in question.

If an organization that is not currently a membership organization successfully petitions to replace a membership organization that is represented by a voting representative, the representative of the replacement membership organization shall complete the remainder of the term of the voting representative in question.

21.33(6) Duties. The BAC shall review and advise on the following matters insofar as they impact benefits and services provided to members and member employers under Iowa Code chapter 97B: overall plan design, benefits policy and goals, budget, benchmarking and quality assessment efforts, research and strategic planning. Through its voting representatives, the BAC shall make recommendations to the system, the governor and the general assembly about said programs, benefits and services. The BAC shall also participate in annual performance evaluations of the chief benefits officer and, when that position becomes vacant, assist the chief executive officer in the process of defining and selecting a replacement. In addition, the BAC shall recommend to the governor at least two nominees for each vacant position on the investment board reserved for active or retired members of the system. The chairperson of the BAC shall solicit nominations for such vacancies from the entire BAC membership and, through a meeting of the BAC, select the names to be forwarded to the governor.

At least every two years, beginning in the 2003 fiscal year, the BAC shall review the benefits and services provided to members; and the voting representatives shall make recommendations to the system, the governor, and the general assembly concerning the benefits and services provided to members and the system’s benefits policies and benefits goals. All of the membership of the BAC, including nonvoting representatives, may have input into formulating such recommendations.

21.33(7) Time and place of meetings. The BAC shall meet at least bimonthly, at the call of the chairperson, upon the written request by the chief benefits officer, or upon written request of a majority of the BAC representatives. The chairperson shall establish the dates of all regularly scheduled meetings and provide, with reasonable effort, at least one month’s notice of those meeting dates, locations, and agenda.

a. Call of the chairperson. The chairperson shall notify the BAC representatives of the date, time, and location of each meeting and state the agenda.

b. Request for meetings by the chief benefits officer. The chairperson shall schedule a meeting upon the receipt of a written request from the chief benefits officer. The request shall state the reason for the meeting and the proposed agenda.

c. Requests for meetings by the BAC. The chairperson shall schedule a meeting upon the receipt of a written request from a majority of the BAC representatives. The request shall state the reason for the meeting and the proposed agenda.

d. Place of meetings. Meetings of the BAC will generally be held at the IPERS Building, 7401 Register Drive, Des Moines, Iowa. The BAC may meet at other locations. The meeting place and time will be specified in the agenda.

21.33(8) Notice of meetings.

a. Form of notice. Notice of meetings is given by the posting and distributing of the agenda. The agenda lists the time, date, place, and topics to be discussed at the meeting.

b. Posting of agenda. The agenda for each meeting will be posted at IPERS’ main office.

c. Distribution of agenda. An agenda shall be provided to each BAC representative and to anyone who files a request with the chairperson. The request should state whether the agenda for a particular meeting is desired or whether the agendas for all meetings are desired.

d. Amendments to agenda. After an agenda has been posted and distributed pursuant to 21.33(8)“b” and “c,” any amendments to the agenda will be posted, but not distributed. The amended agenda will be posted at least 24 hours prior to the meeting unless, for good cause, notice is impossible or impractical, in which case, as much notice as is reasonably possible will be given.

e. Supporting material. Written materials provided to the BAC with the agenda may be examined and copied. Copies of the materials may be distributed at the discretion of the chairperson to persons requesting the materials. The chairperson may require a fee to cover the reasonable cost to the agency to provide the copies.

21.33(9) Attendance and participation by the public.

a. Attendance. All meetings of the BAC are open to the public and shall be held in accordance with Robert’s Rules of Order, Revised Edition. The BAC may exclude the public from portions of the meeting in accordance with Iowa Code section 21.5.

b. Participation.

(1) Items on agenda. Persons who wish to address the BAC on a matter on the agenda should notify the chairperson at least three days before the meeting. Presentations to the BAC may be made at the discretion of the chairperson.

(2) Items not on agenda. Iowa Code section 21.4 requires the BAC to give notice of its proposed agenda. Therefore, the BAC discourages persons from raising matters not on the agenda. Persons who wish to address the BAC on a matter not on the agenda should file a request with the chairperson to place the matter on the agenda of a subsequent meeting.

c. Coverage by press. Cameras and recording devices may be used during meetings provided they do not interfere with the orderly conduct of the meeting. The chairperson may order that the use of these devices be discontinued if they cause interference and may exclude those persons who fail to comply with that order.

21.33(10) Quorum and voting requirements.

a. Quorum. A majority of the voting representatives of the BAC constitutes a quorum.

b. Majority voting. A quorum of the BAC must be present at the time any vote is taken. In order for a motion to pass or for the BAC to conduct business, a majority of the full voting membership must vote in favor of the motion or other business matter.

c. Voting procedures. The chairperson shall rule as to whether the vote will be by voice or roll call. A roll call vote shall be taken anytime a voice vote is not unanimous. Minutes of the BAC shall indicate the vote of each voting member if a roll call is taken.

21.33(11) Minutes, transcripts and recording of meetings.

a. Recordings. The chairperson shall record by mechanized means each meeting and shall retain the recording for at least one year. Recordings of closed sessions shall be sealed and retained at least one year.

b. Transcripts. Transcripts of meetings will not routinely be prepared. The chairperson will have transcripts prepared upon receipt of a request for a transcript and payment of a fee to cover its cost.

c. Minutes. The chairperson shall record minutes of each meeting. Minutes shall be reviewed, approved, and maintained by the BAC. The chairperson shall sign the approved minutes.

21.33(12) Officers and election.

a. Officers. The officers of the BAC are the chairperson and vice chairperson and shall be elected by a vote of the full membership of the BAC.

b. Elections. Election of officers shall take place at the first BAC meeting held on or after July 1, 2002. If an officer does not serve out the elected term, a special election shall be held at the first meeting after notice is provided to the BAC to elect a representative to serve out the remainder of the term.

21.33(13) Expenses. Expenses of BAC representatives shall be reimbursed in accordance with 2001 Iowa Acts, chapter 68, section 13.

This rule is intended to implement Iowa Code chapter 97B and 2001 Iowa Acts, chapter 68, sections 13, 20, and 24.

Pursuant to the authority of Iowa Code section 147.76, the Board of Dietetic Examiners hereby gives Notice of Intended Action to rescind Chapter 79, “Board of Dietetic Examiners”; renumber Chapter 80, “Licensure of Dietitians,” as Chapter 81 and adopt new Chapter 80, “Administrative and Regulatory Authority for the Board of Dietetic Examiners”; renumber Chapter 81, “Continuing Education for Dietitians,” as Chapter 82; amend renumbered Chapters 81 and 82; and renumber Chapter 82, “Discipline for Dietitians,” and Chapter 83, “Fees,” as Chapters 83 and 84, Iowa Administrative Code.

The proposed amendments rescind the current rules about the organization and purpose of the Board and adopt new rules about the purpose of the Board, organization and proceedings of the Board, official communication, office hours, and public meetings. The amendments also move definitions specific to the practice of dietetics and rules concerning nutrition care and the professional principles of dietetic practitioners from rescinded Chapter 79 to renumbered Chapter 81 and change the biennial continuing education compliance period to begin on the sixteenth day of the licensee’s birth month.

Any interested person may make written comments on the proposed amendments no later than April 23, 2002, addressed to Ella Mae Baird, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

These rules were revised in accordance with Executive Order Number 8. Staff and Board members had input on these rules. Decisions were made based on need, clarity, intent and statutory authority, cost and fairness.

A public hearing will be held on April 23, 2002, from 9 to 11 a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

These amendments are intended to implement Iowa Code section 147.76 and chapters 17A, 152A and 272C.

The following amendments are proposed.

ITEM 1. Rescind and reserve 645—Chapter 79.

ITEM 2. Renumber 645—Chapter 80 to 645—Chapter 83 as 645—Chapter 81 to 645—Chapter 84 and adopt the following new chapter:

CHAPTER 80
ADMINISTRATIVE AND REGULATORY AUTHORITY
FOR THE BOARD OF DIETETIC EXAMINERS

“Board” means the board of dietetic examiners.

“Board office” means the office of the administrative staff.

“Department” means the department of public health.

“Disciplinary proceeding” means any proceeding under the authority of the board pursuant to which licensee discipline may be imposed.

“License” means a license to practice dietetics.

“Licensee” means a person licensed to practice as a dietitian.

645—80.2(17A) Purpose of board. The purpose of the board is to administer and enforce the provisions of Iowa Code chapters 17A, 147, 152A, and 272C with regard to the practice of dietetics. The mission of the board is to protect the public health, safety and welfare by licensing qualified individuals who provide services to consumers and by fair and consistent enforcement of the statutes and the rules of the licensure board. Responsibilities include, but are not limited to:

80.2(1) Licensing of qualified applicants to practice dietetics, through examination, renewal, endorsement, and reciprocity.

80.2(2) Developing and administering a program of continuing education to ensure continued competency of individuals licensed by the board.

80.2(3) Imposing discipline on licensees as provided by statute or rule.

80.3(1) The board is composed of five members appointed by the governor and confirmed by the senate.

80.3(2) The members of the board shall include one licensed dietitian representing the approved or accredited dietetic education programs, one licensed dietitian representing clinical dietetics in hospitals, one licensed dietitian representing community nutrition services and two members who are not licensed dietitians and who shall represent the general public.

80.3(3) The board shall elect a chairperson, vice chairperson and a secretary from its membership at the first meeting after April 30 of each year.

80.3(4) The board shall hold at least one meeting annually.

80.3(5) A majority of the members of the board shall constitute a quorum.

80.3(6) Board meetings shall be governed in accordance with Iowa Code chapter 21, and the board’s proceedings shall be conducted in accordance with Robert’s Rules of Order, Revised.

80.3(7) The division of professional licensure shall furnish the board with the necessary facilities and employees to perform the duties required by this chapter, but shall be reimbursed for all costs incurred from funds appropriated to the board.

80.3(8) The board has the authority to:

a. Develop and implement a program of continuing education to ensure continued competency of individuals licensed by the board.

b. Establish fees.

c. Establish committees of the board, the members of which shall be appointed by the board chairperson and shall not constitute a quorum of the board. The board chairperson shall appoint committee chairpersons.

d. Hold a closed session if the board votes to do so in a public roll–call vote with an affirmative vote of at least two–thirds if the total board is present or a unanimous vote if fewer are present. The board will recognize the appropriate statute allowing for a closed session when voting to go into closed session. The board shall keep minutes of all discussion, persons present, and action occurring at a closed session and shall tape–record the proceedings. The records shall be stored securely in the board office and shall not be made available for public inspection.

e. Investigate alleged violations of statutes or rules that relate to the practice of dietetics upon receipt of a complaint or upon the board’s own initiation. The investigation will be based on information or evidence received by the board.

f. Initiate and impose licensee discipline.

g. Monitor licenses that are restricted by a board order.

80.4(1) All official communications, including submissions and requests, may be addressed to the Board of Dietetic Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

80.4(2) Notice of change of address. Each licensee shall notify the board in writing of a change of the licensee’s current mailing address within 30 days after the change of address occurs.

645—80.5(17A) Office hours. The board office is open for public business from 8 a.m. to 4:30 p.m., Monday to Friday of each week, except holidays.

645—80.6(17A) Public meetings. Members of the public may be present during board meetings unless the board votes to hold a closed session. Dates and location of board meetings may be obtained from the board’s Web site (http://www. idph.state.ia.us/licensure) or directly from the board office.

80.6(1) At every regularly scheduled board meeting, time will be designated for public comment. During the public comment period, any person may speak for up to two minutes. Requests to speak for two minutes per person later in the meeting when a particular topic comes before the board should be made at the time of the public comment period and will be granted at the discretion of the chairperson. No more than ten minutes will be allotted for public comment at any one time unless the chairperson indicates otherwise.

80.6(2) Persons who have not asked to address the board during the public comment period may raise their hands to be recognized by the chairperson. Acknowledgment and an opportunity to speak will be at the discretion of the chairperson.

These rules are intended to implement Iowa Code chapters 17A, 152A and 272C.

ITEM 3. Amend renumbered rule 645—81.1(152A) by adopting the following new definitions in alphabetical order:

“Dietetics” means the integration and application of principles derived from the sciences of nutrition, biochemistry, physiology, food management and from behavioral and social sciences to achieve and maintain people’s health.

“Nutrition assessment” means the evaluation of the nutrition needs of individuals and groups based upon appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and to recommend appropriate nutrition intake, including enteral and parenteral nutrition.

“Nutrition counseling” means advising and assisting individuals or groups about appropriate nutrition intake by integrating information from the nutrition assessment with information about food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status.

“Registered dietitian” means a dietitian who has met the standards and qualifications of the Commission on Dietetic Registration, a member of the National Commission for Health Certifying Agencies.

ITEM 4. Amend renumbered 645—Chapter 81 by renumbering rules 645—81.2(152A) to 645—81.11(272C) as 645—81.4(152A) to 645—81.13(272C) and adopt the following new rules:

645—81.2(152A) Nutrition care. The primary function of dietetic practice is the provision of nutrition care services that shall include:

1. Assessing the nutrition needs of individuals and groups and determining resources and constraints in the practice setting.

2. Establishing priorities, goals, and objectives that meet nutrition needs and are consistent with available resources and constraints.

3. Providing nutrition counseling concerning health and disease.

4. Developing, implementing, and managing nutrition care systems.

5. Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition services.

645—81.3(152A,272C) Principles. The dietetic practitioner shall:

1. Provide professional services with objectivity and with respect for the unique needs and values of individuals.

2. Avoid discrimination against other individuals on the basis of race, creed, religion, sex, age, and national origin.

3. Fulfill professional commitments in good faith.

4. Conduct oneself with honesty, integrity, and fairness.

5. Remain free of conflict of interest while fulfilling the objectives and maintaining the integrity of the dietetic profession.

6. Maintain confidentiality of information.

7. Practice dietetics based on scientific principles and current information.

8. Assume responsibility and accountability for personal competence in practice.

9. Recognize and exercise professional judgment within the limits of qualifications and seek counsel or make referrals as appropriate.

10. Provide sufficient information to enable clients to make their own informed decisions.

11. Inform the public and colleagues by using factual information and shall not advertise in a false or misleading manner.

12. Promote or endorse products in a manner that is neither false nor misleading.

13. Permit the use of the practitioner’s name for the purpose of certifying that dietetic services have been rendered only after having provided those services or supervised the provision of those services.

14. Accurately present professional qualifications and credentials.

15. Present substantiated information and interpret controversial information without personal bias, recognizing that legitimate differences of opinion exist.

16. Make all reasonable efforts to avoid bias in any kind of professional evaluation and provide objective evaluation of candidates for professional association membership, awards, scholarships, or job advancements.

ITEM 5. Amend renumbered subrule 82.2(1) as follows:

82.2(1) The biennial continuing education compliance period shall extend for a two–year period beginning on the fifteenth sixteenth day of the licensee’s birth month and ending on the fifteenth day of the birth month two years later. Each biennium, each person who is licensed to practice as a dietitian in this state shall be required to complete a minimum of 30 hours of continuing education approved by the board.

Pursuant to the authority of Iowa Code section 147.76, the Board of Examiners for Speech Pathologists and Audiologists hereby gives Notice of Intended Action to rescind Chapter 299, “Board of Speech Pathology and Audiology Examiners,” and adopt new Chapter 299, “Administrative and Regulatory Authority for the Board of Speech Pathologists and Audiologists”; amend Chapter 300, “Licensure of Speech Pathologists and Audiologists”; rescind Chapter 301, “Disciplinary Procedures for Speech Pathologists and Audiologists”; and amend Chapter 303, “Continuing Education for Speech Pathologists and Audiologists,” Iowa Administrative Code.

The proposed amendments rescind the current rules about the organization and purpose of the Board and adopt new rules on the purpose of the Board, organization and proceedings of the Board, official communication, office hours, and public meetings; add definitions for “audiologist” and “speech pathologist” to the licensure chapter; and amend subrule 303.2(1) to allow continuing education credit earned between September 1, 2001, and December 31, 2001, to be used for either the compliance period ending December 31, 2001, or the following biennial compliance period.

Any interested person may make written comments on the proposed amendments no later than April 23, 2002, addressed to Ella Mae Baird, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

These rules were revised in accordance with Executive Order Number 8. Staff and board members had input on these rules. Decisions were made based on need, clarity, intent and statutory authority, cost and fairness.

A public hearing will be held on April 23, 2002, from 9 to 11 a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

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

The following amendments are proposed.

ITEM 1. Rescind 645—Chapter 299 and adopt the following new chapter in lieu thereof:

CHAPTER 299
ADMINISTRATIVE AND REGULATORY AUTHORITY FOR THE BOARD OF SPEECH PATHOLOGY AND AUDIOLOGY EXAMINERS

“Board” means the board of speech pathology and audiology examiners.

“Board office” means the office of the administrative staff.

“Department” means the department of public health.

“Disciplinary proceeding” means any proceeding under the authority of the board pursuant to which licensee discipline may be imposed.

“License” means a license to practice as a speech pathologist or audiologist.

“Licensee” means a person licensed to practice as a speech pathologist or audiologist in the state of Iowa.

645—299.2(17A) Purpose of board. The purpose of the board is to administer and enforce the provisions of Iowa Code chapters 17A, 147, and 272C with regard to the practice of speech pathology and audiology. The mission of the board is to protect the public health, safety and welfare by licensing qualified individuals who provide services to consumers and by fair and consistent enforcement of the statutes and rules of the licensure board. Responsibilities include, but are not limited to:

1. Licensing qualified applicants by examination, renewal, endorsement, and reciprocity to practice speech pathology or audiology.

2. Developing and administering a program of continuing education to ensure continued competency of individuals licensed by the board.

3. Imposing discipline on licensees as provided by statute or rule.

299.3(1) The board is composed of seven members appointed by the governor and confirmed by the senate.

299.3(2) The members of the board shall include five members licensed to practice speech pathology or audiology, at least two of whom shall be licensed to practice speech pathology and at least two of whom shall be licensed to practice audiology, and two members who are not licensed to practice speech pathology or audiology and who shall represent the general public.

299.3(3) The board shall elect a chairperson, vice chairperson and secretary from its membership at the first meeting after April 30 of each year.

299.3(4) The board shall hold at least four meetings annually.

299.3(5) A majority of the members of the board shall constitute a quorum.

299.3(6) Board meetings shall be governed in accordance with Iowa Code chapter 21, and the board’s proceedings shall be conducted in accordance with Robert’s Rules of Order, Revised.

299.3(7) The professional licensure division shall furnish the board with the necessary facilities and employees to perform the duties required by this chapter, but shall be reimbursed for all costs incurred from funds appropriated to the board.

299.3(8) The board has the authority to:

a. Develop and implement a program of continuing education to ensure continued competency of individuals licensed by the board.

b. Establish fees.

c. Establish committees of the board, the members of which shall be appointed by the board chairperson and shall not constitute a quorum of the board. The board chairperson shall appoint committee chairpersons.

d. Hold a closed session if the board votes to do so in a public roll–call vote with an affirmative vote of at least two–thirds if the total board is present or a unanimous vote if fewer are present. The board will recognize the appropriate statute allowing for a closed session when voting to go into closed session. The board shall keep minutes of all discussion, persons present, and action occurring at a closed session and shall tape–record the proceedings. The records shall be stored securely in the board office and shall not be made available for public inspection.

e. Investigate alleged violations of statutes or rules that relate to the practice of speech pathology and audiology upon receipt of a complaint or upon the board’s own initiative. The investigation will be based on information or evidence received by the board.

f. Initiate and impose licensee discipline.

g. Monitor licenses that are restricted by a board order.

299.4(1) All official communication, including submissions and requests, may be addressed to the Board of Speech Pathology and Audiology Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

299.4(2) Notice of change of address. Each licensee shall notify the board in writing of a change of the licensee’s current mailing address within 30 days after the change of address occurs.

645—299.5(17A) Office hours. The board office is open for public business from 8 a.m. to 4:30 p.m., Monday through Friday of each week, except holidays.

645—299.6(17A) Public meetings. Members of the public may be present during board meetings unless the board votes to hold a closed session. Dates and location of board meetings may be obtained from the board’s Web site (http://www. idph.state.ia.us/licensure) or directly from the board office.

299.6(1) At every regularly scheduled board meeting, time will be designated for public comment. During the public comment period, any person may speak for up to two minutes. Requests to speak for two minutes per person later in the meeting when a particular topic comes before the board should be made at the time of the public comment period and will be granted at the discretion of the chairperson. No more than ten minutes will be allotted to public comment at any one time unless the chairperson indicates otherwise.

299.6(2) Persons who have not asked to address the board during the public comment period may raise their hands to be recognized by the chairperson. Acknowledgment and an opportunity to speak will be at the discretion of the chairperson.

645—299.7(147) Hearing tests supervised by a physician. For those persons conducting hearing tests under the direct supervision of a licensed physician and surgeon or licensed osteopathic physician and surgeon and functioning under Iowa Code section 147.152(1), “direct supervision” means the physician must order the hearing test performed on each individual patient and maintain control over the reading of the results. The person working under direct supervision of a physician must be able to show that the person did so at the direction of the physician and did nothing more than perform the hearing test. Direct supervision by a physician means the person conducting the hearing test does so in the usual location in which the physician performs medical services and sees patients. The physician must be readily available to respond to a request by a patient or the person conducting the hearing test.

These rules are intended to implement Iowa Code chapters 17A and 147.

ITEM 2. Amend rule 645—300.1(147) by adopting the following new definitions in alphabetical order:

“Audiologist” means a person who engages in the application of principles, methods and procedures for measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, rehabilitation, or remediation related to disorders of hearing and associated communication disorders for the purpose of nonmedically evaluating, identifying, preventing, ameliorating, modifying, or remediating such disorders and conditions in individuals or groups of individuals, including the determination and use of appropriate amplification.

“Speech pathologist” means a person who engages in the application of principles, methods, and procedures for the measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, rehabilitation, or remediation related to the development and disorders of speech, fluency, voice, or language for the purpose of nonmedically evaluating, preventing, ameliorating, modifying, or remediating such disorders and conditions in individuals or groups of individuals.

ITEM 3. Rescind and reserve 645—Chapter 301.

ITEM 4. Amend subrule 303.2(1) as follows:

303.2(1) The biennial continuing education compliance period shall extend for a two–year period between January 1 of each even–numbered year and December 31 of each odd–numbered year. Each biennium, each person who is licensed to practice as a speech pathology or audiology licensee in this state shall be required to complete a minimum of 30 hours of continuing education approved by the board. Continuing education credit earned from September 1, 2001, through December 31, 2001, may be used for either the compliance period ending December 31, 2001, or the following biennial compliance period. The licensee may use the earned continuing education credit hours only once. Credit may not be duplicated for both compliance periods. A person holding licensure in both speech pathology and audiology must meet the requirements for each profession.

Pursuant to the authority of Iowa Code section 147.76, the Board of Physician Assistant Examiners hereby gives Notice of Intended Action to rescind Chapter 325, “Physician Assistants,” and adopt new Chapter 325, “Board of Physician Assistant Examiners,” Chapter 326, “Licensure of Physician Assistants,” and Chapter 327, “Practice of Physician Assistants”; amend Chapter 328, “Continuing Education for Physician Assistants”; and adopt new Chapter 329, “Discipline for Physician Assistants,” and Chapter 330, “Fees,” Iowa Administrative Code.

The proposed amendments rescind the current rules regarding licensing and fees and adopt new chapters for Board administration, licensure, practice, discipline and fees.

The Division revised these rules in accordance with Executive Order Number 8. The Physician Assistants Review Group, required by Iowa Code section 148C.7 and consisting of members from the Board of Physician Assistant Examiners and the Medical Examiners Board, met and approved these rules.

Any interested person may make written comments on the proposed amendments no later than April 23, 2002, addressed to Ella Mae Baird, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

A public hearing will be held April 23, 2002, from 9 to 11 a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

These amendments are intended to implement Iowa Code section 147.76 and chapters 148C and 272C.

The following amendments are proposed.

ITEM 1. Rescind 645—Chapter 325 and adopt the following new chapter in lieu thereof:

CHAPTER 325
BOARD OF PHYSICIAN ASSISTANT EXAMINERS

“Board” means the board of physician assistant examiners.

“Department” means the department of public health.

325.2(1) All information regarding rules, forms, time and place of meetings, minutes of meetings, record of hearings, and examination results are available to the public between the hours of 8 a.m. and 4:30 p.m., Monday through Friday, except holidays.

325.2(2) Information may be obtained by writing to the Board of Physician Assistant Examiners, Iowa Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075. All official correspondence shall be in writing and directed to the board at this address.

325.3(1) The purpose of the board of physician assistant examiners is to administer and enforce the provisions of Iowa Code chapters 147 and 148C, with regard to the registration and licensure of physician assistants to practice under the supervision of a physician or physicians, granting licensure for physician assistants including approval of the plan for supervision of the physician assistant by the physician and the description of how the physician assistant is to function within the physician’s scope of practice, investigating violations and infractions involving the practice of physician assistants, and revoking, suspending or otherwise disciplining a physician assistant who has violated the provisions of the practice of physician assistants.

325.3(2) The board is comprised of three members licensed to practice as physician assistants, one member licensed to practice medicine and surgery who supervises a physician assistant, one member licensed to practice osteopathic medicine and surgery who supervises a physician assistant, and two members from the general public. The members are appointed by the governor and confirmed by the senate. The term of office is for three years. A member may not serve more than three terms or nine years.

325.3(3) Duties of the board include:

a. The board is a policy–making body relative to matters involving physician assistant education.

b. The board conducts business according to established policy as approved by the members.

c. The board organizes annually and elects a chairperson, vice chairperson and secretary from its membership. These members comprise the executive committee of the board.

d. The chairperson, with direction from the executive committee, shall appoint members to the review group and other organizational committees that are necessary to assist in accomplishing the board’s duties.

e. The board governs its proceedings by Robert’s Rules of Order, Revised. A majority of the members of the board shall constitute a quorum. Official action requires a majority vote of the quorum.

325.3(4) The board has statutory authority to:

a. Administer and enforce the laws and administrative rules relating to the registration and licensure to practice as a physician assistant;

b. Review or investigate, or both, upon written complaint or upon its own motion pursuant to other evidence received by the board, alleged acts or omissions which the board reasonably believes constitute cause under applicable law or administrative rule for licensee discipline;

c. Determine in any case whether an investigation, or further investigation, or a disciplinary proceeding is warranted;

d. Initiate and prosecute disciplinary proceedings;

e. Impose licensee discipline;

f. Petition the district court for enforcement of its authority with respect to licensees or with respect to other persons violating the laws which the board is charged with administering;

g. Establish and register peer review committees;

h. Refer to a registered peer review committee for investigation, review, and report to the board any complaint or other evidence of an act or omission which the board reasonably believes constitutes cause for licensee discipline;

i. Determine and administer registration and licensure renewals;

j. Establish and administer rules for continuing education requirements as a condition for renewal of licenses.

325.3(5) Meetings. The board will meet as often as necessary to carry out statutory responsibilities. Information concerning the dates and locations for meetings may be obtained from the board office.

325.3(6) Public meetings. All meetings of the board shall be open and public, and all citizens of Iowa shall be permitted to attend any meeting, except as otherwise provided by statute.

325.3(7) Promulgation of administrative rules.

a. The board is responsible for the promulgation, amendment and repeal of administrative rules relating to the practice of physician assistants, in accordance with Iowa Code chapter 17A.

b. The review group as specified in Iowa Code section 148C.7 shall review and approve or disapprove rules proposed for adoption by the board of physician assistant examiners. A rule shall not become effective without the approval of a simple majority of the review group.

c. Proposed rules shall be designed to encourage the utilization of physician assistants in a manner that is consistent with the provision of quality health care and medical services for the citizens of Iowa through better utilization of available physicians and the development of sound programs for the education and training of skilled physician assistants well qualified to assist physicians in providing health care and medical services.

325.3(8) Petition to promulgate, amend, or repeal a rule.

a. An interested person or other legal entity may petition the board requesting the promulgation, amendment or repeal of a rule.

b. The petition shall be in writing, signed by or on behalf of the petitioner and shall contain a detailed statement of:

(1) The rule that the petitioner is requesting that the board promulgate, amend or repeal. When amendment of an existing rule is sought, the rule shall be set forth in full with the matter proposed to be deleted enclosed in brackets and proposed additions shown by underlining or boldface.

(2) Facts in sufficient detail to show the reasons for the proposed action.

(3) All propositions of law to be asserted by petitioner.

c. The petition shall be in typewritten or printed form, captioned “BEFORE THE IOWA BOARD OF PHYSICIAN ASSISTANT EXAMINERS” and shall be deemed filed when received by the board office.

d. Upon receipt of the petition, the board staff shall:

(1) Within 20 days, mail a copy of the petition to any parties named therein. The petition shall be deemed served on the date of mailing to the last–known address of the party being served.

(2) Advise the petitioner that the petitioner has 30 days to submit written views. At the board chairperson’s direction, the board staff may schedule oral presentation of petitioner’s view.

e. The review group shall review and approve or disapprove the proposed rules or amendments prior to the board’s final decision to deny the petition or to initiate rule–making proceedings.

f. The petitioner will be notified, within 60 days after the date of submission of the petition, of the board’s decision to deny the petition or to initiate rule–making proceedings in accordance with Iowa Code chapter 17A.

325.3(9) Declaratory rulings. Upon petition filed by any individual, partnership, corporation, association, governmental subdivision, private or public organization or state agency, the board may issue a declaratory ruling as to the applicability of statutes and rules, policy statements, decisions and orders under its jurisdiction.

a. A petition for a declaratory ruling shall be typewritten or printed and at the top of the first page the words “PETITION FOR DECLARATORY RULING BEFORE THE BOARD OF PHYSICIAN ASSISTANT EXAMINERS” shall appear.

b. The petition shall include the name and official title, if any, address and telephone number of each petitioner. If the request is at the request of an entity mentioned in this subrule, it shall name the entity.

c. The body of the petition shall contain:

(1) A detailed statement of facts upon which petitioner requests that the board issue a declaratory ruling;

(2) The statute, rule, policy statement, decision or order for which a ruling is sought;

(3) The exact words, passages, sentences or paragraphs which are the subject of inquiry;

(4) The specific questions presented for declaratory ruling; and

(5) A consecutive numbering of each multiple issue presented for declaratory ruling.

d. The petition shall be filed either by serving it personally at the board office or by mailing it to the Board of Physician Assistant Examiners, Professional Licensure Division, Lucas State Office Building, Des Moines, Iowa 50319–0075.

e. The board chairperson shall acknowledge receipt of petitions or, at the direction of the board, return petitions not in substantial conformity with these rules.

f. The board may decline to issue a declaratory ruling for any of the following reasons:

(1) A lack of jurisdiction;

(2) A lack of clarity of the issue presented;

(3) The issue or issues presented are pending resolution by a court of Iowa or by the attorney general;

(4) The issues presented have been resolved by a change in circumstances or by other reasons;

(5) The issues are under investigation for the purpose of formal adjudication;

(6) The petition does not comply with the requirements imposed by 325.3(9)“c”; or

(7) When a ruling would necessarily determine the legal rights of other parties not represented in the proceeding.

g. In the event the board declines to make a ruling, the board chairperson shall notify the petitioner(s) of this fact and the reasons for the refusal.

h. When the petition is in proper form and has not been declined, the board shall issue a ruling disposing of the petition within a reasonable time after its filing.

i. Rulings shall be mailed to petitioners and to other parties at the discretion of the board chairperson.

j. Rulings shall be indexed and available for public inspection.

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

ITEM 2. Adopt new 645—Chapter 326 as follows:

CHAPTER 326
LICENSURE OF PHYSICIAN ASSISTANTS

“Approved program” means a program for the education of physician assistants which has been accredited by the Committee on Allied Health Education and Accreditation, the Commission on Accreditation of Allied Health Education Programs, the Accreditation Review Commission on Education for the Physician Assistant, or its successor agency.

“Board” means the board of physician assistant examiners.

“CME” means continuing medical education.

“Department” means the department of public health.

“Direction” means authoritative policy or procedural guidance for the accomplishment of a function or activity.

“Licensee” means a person licensed by the board as a physician assistant to provide medical services under the supervision of one or more physicians.

“Locum tenens” means the temporary substitution of one licensed physician assistant for another.

“Mandatory training” means training on identifying and reporting child abuse or dependent adult abuse required of physician assistants who are mandatory reporters. The full requirements on mandatory reporting of child abuse and the training requirements are found in Iowa Code section 232.69. The full requirements on mandatory reporting of dependent adult abuse and the training requirements are found in Iowa Code section 235B.16.

“NCCPA” means the National Commission on Certification of Physician Assistants.

“Physician” means a person who is licensed in Iowa to practice medicine and surgery, osteopathic medicine and surgery, or osteopathy.

“Physician assistant” means a person registered or licensed as a physician assistant by the board.

“Registration” means that an individual has fulfilled all requirements for licensure but is not under the supervision of an Iowa–licensed physician who has been deemed eligible to supervise and the individual shall not practice as a physician assistant.

“Remote medical site” means a medical clinic for ambulatory patients which is away from the main practice location of a supervising physician and in which a supervising physician is present less than 50 percent of the time the site is open. “Remote medical site” will not apply to nursing homes, patient homes, hospital outpatient departments or any location at which medical care is incidentally provided (e.g., diet center, free clinic, site for athletic physicals, jail facility).

“Supervising physician” means a physician who has been deemed eligible to supervise the medical services provided by the physician assistant and who accepts ultimate responsibility for the medical care provided by the physician/physician assistant team.

“Supervision” means that a supervising physician retains ultimate responsibility for patient care, although a physician need not be physically present at each activity of the physician assistant or be specifically consulted before each delegated task is performed. Supervision shall not be construed as requiring the personal presence of a supervising physician at the place where such services are rendered except insofar as the personal presence is expressly required by these rules or by Iowa Code chapter 148C.

“Supply prescription drugs” means to deliver to a patient or the patient’s representative a quantity of prescription drugs or devices that are properly packaged and labeled.

326.2(1) The applicant shall:

a. Apply to the board on an application provided by the board;

b. Submit a notarized copy of the certificate or diploma from an approved program for physician assistants;

c. Submit the registration fee;

d. Submit a notarized copy of the examination scores from the NCCPA initial certification examination or successor examination and a notarized copy of initial certification from the NCCPA or successor agency; and

e. Submit a notarized copy of the current NCCPA or successor agency certificate, or proof of completion of 100 CME hours for each biennium since initial certification.

326.2(2) The registration shall be valid for at least one year and shall expire on September 30 following the first anniversary of the initial registration.

326.2(3) Temporary registration.

a. A temporary registration may be issued for an applicant who has not taken the NCCPA initial certification examination or successor agency examination.

b. The applicant must comply with 326.2(1)“a” to “c.”

c. The temporary registration shall be valid for one year from the date of issuance.

d. The temporary registration shall be renewed only once upon showing proof that, through no fault of the applicant, the applicant was unable to take the certification examination recognized by the board. Proof of inability to take the certification examination shall be submitted to the board office with a written request for renewal of a temporary registration, accompanied by the registration renewal fee.

e. If the temporary registrant fails the certification examination, the temporary registrant must cease practice immediately and surrender the temporary license by the next business day.

f. There is no additional fee for converting temporary registration to permanent registration.

326.2(4) Registration by endorsement. An applicant who has been registered under the laws and jurisdiction of another state or district shall file with the board office an application for registration by endorsement. The applicant shall:

a. Apply to the board on an application provided by the board;

b. Submit a notarized copy of the certificate or diploma from an approved program for physician assistants;

c. Submit the registration fee;

d. Submit a notarized copy of the examination scores from the NCCPA initial certification examination or successor examination and a notarized copy of initial certification from the NCCPA or successor agency;

e. Submit a notarized copy of the current NCCPA or successor agency certification, or submit proof of completion of 100 CME hours for each biennium since initial certification;

f. Submit registration verification(s) from all states where the applicant is currently registered or was previously registered; and

g. Submit licensure verification(s) from all states where the applicant is currently licensed or was previously licensed.

326.3(1) The applicant shall:

a. Comply with subrule 326.2(1) for registration. Application for registration may be done simultaneously with application for licensure.

b. Apply to the board on an application provided by the board, which includes:

(1) The supervising physician’s background, specialty, and scope of practice;

(2) A description of how the physician assistant is to function within the scope of practice as referenced in 645— 326.7(148C) and 645—327.4(148C), including a plan for supervision of the physician assistant.

c. Submit the license fee.

d. Submit evidence for each proposed supervising physician that the physician is eligible to supervise a physician assistant. Pursuant to 653—subrule 21.3(2), submission of the following is proof of eligibility:

(1) A copy of the license or renewal card that shows the proposed supervising physician holds a current active permanent, special or temporary license to practice in Iowa; and

(2) A signed attestation from the proposed supervising physician that:

1. The physician is actively practicing medicine in Iowa; and

2. The physician is not subject to a disciplinary order of the board of medical examiners restricting the physician from supervising a physician assistant.

Determination of physician eligibility or ineligibility to supervise a physician assistant is made by the board of medical examiners. Nothing in these rules should be read as implying that the board of physician assistant examiners will be making determinations of physician eligibility or ineligibility.

326.3(2) An initial license shall be valid for at least one year and shall expire on September 30 following the first anniversary of initial licensure.

326.3(3) Temporary licensure.

a. The applicant shall comply with the requirements for temporary registrations in subrule 326.2(3).

b. A temporary license shall be valid for one year from date of issuance and is issued to applicants who have graduated from an approved program and have not taken the NCCPA initial certification or successor agency examination.

c. There is no additional fee for converting temporary licensure to permanent licensure.

d. During the temporary licensure period, if the temporarily licensed physician assistant fails the certifying examination, the temporarily licensed physician assistant must cease practicing as a physician assistant immediately and surrender the temporary license by the next business day.

e. The temporary license shall be renewed only once upon showing proof that, through no fault of the applicant, the applicant was unable to take the certifying examination recognized by the board. Proof of inability to take the certifying examination shall be submitted to the board office with a written request for renewal of a temporary registration accompanied by the registration renewal fee.

326.3(4) Licensure by endorsement. An applicant who has been licensed under the laws and jurisdiction of another state or district shall file with the board office an application for licensure by endorsement. An applicant shall:

a. Comply with subrule 326.2(4) for registration.

b. Apply to the board on an application provided by the board, which includes:

(1) The supervising physician’s background, specialty, and scope of practice; and

(2) A description of how the physician assistant is to function within the scope of practice as referenced in 645— 326.7(148C) and 645—327.4(148C) including a plan for supervision of the physician assistant.

c. Submit the license fee.

d. Submit evidence for each proposed supervising physician that the physician is eligible to supervise a physician assistant. Pursuant to 653—subrule 21.3(2), submission of the following is proof of eligibility:

(1) A copy of the license or renewal card that shows the proposed supervising physician holds a current active permanent, special or temporary license to practice in Iowa; and

(2) A signed attestation from the proposed supervising physician that:

1. The physician is actively practicing medicine in Iowa; and

2. The physician is not subject to a disciplinary order of the board of medical examiners restricting the physician from supervising a physician assistant.

Determination of physician eligibility or ineligibility to supervise a physician assistant is made by the board of medical examiners. Nothing in these rules should be read as implying that the board of physician assistant examiners will be making determinations of physician eligibility or ineligibility.

e. Submit registration verification(s) from all states in which the applicant is currently registered or was previously registered.

f. Submit licensure verification(s) from all states in which the applicant is currently licensed or was previously licensed.

326.3(5) An applicant must be both registered and licensed before beginning practice in Iowa as a physician assistant. Application for registration may be completed with the licensure application.

326.3(6) Licensure by reciprocal agreement. The board may enter into a reciprocal agreement with the District of Columbia or any state, territory, province or foreign country with equal or similar requirements for licensure of physician assistants.

645—326.4(148C) Examination requirements. The applicant for licensure as a physician assistant shall successfully pass the certifying examination for physician assistants conducted by the National Commission on Certification of Physician Assistants or a successor examination approved by the board.

645—326.5(148C) Educational qualifications. An applicant for licensure as a physician assistant shall submit a notarized copy of a diploma from an approved program for education of physician assistants.

645—326.6(148C) Foreign–trained physician assistants. Foreign–trained physician assistants shall provide an equivalency evaluation of their educational credentials by International Educational Research Foundations, Inc., Credentials Evaluation Service, P.O. Box 3665, Culver City, California 90231–3665, or its successor agency. The professional curriculum must be equivalent to that stated in these rules. A candidate shall bear the expense of the curriculum evaluation. The applicant shall:

1. Provide a notarized copy of the certificate or diploma awarded to the applicant from a physician assistant program in the country in which the applicant was educated.

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

326.7(1) General supervision requirements are as follows:

a. The physician assistant shall maintain documentation of currently approved supervising physicians which shall be made available to the board if requested.

b. No more than two physician assistants shall be supervised by a physician at the same time.

c. A physician assistant may provide medical services under the supervision of one or more physicians for whom the physician assistant has been licensed.

326.7(2) Once the physician is approved by the board of medical examiners, the board of physician assistant examiners will consider the physician eligible to supervise a physician assistant until the board receives written notification from the board of medical examiners stating otherwise.

326.7(3) In the event that the physician assistant has no supervisory relationship with any physician, the physician assistant shall automatically revert to registration status, shall cease practice immediately and shall notify the board office in writing within ten days.

326.7(4) If a physician assistant with a valid license discontinues working with one physician or group of physicians and chooses to work with a different physician or group of physicians, the licensee shall submit an updated Physician Supervision Form that contains all the requirements in subrule 326.3(1), paragraphs “b” and “d.”

326.7(5) It shall be the responsibility of the physician assistant with a supervising physician to ensure that the physician assistant is adequately supervised.

a. Patient care provided by the physician assistant shall be reviewed with a supervising physician on an ongoing basis as indicated by the clinical condition of the patient. Although every chart need not be signed nor every visit reviewed, nor does the physician need to be physically present at each activity of the physician assistant, it is the responsibility of the supervising physician and physician assistant to ensure that each patient has received the appropriate medical care.

b. Patient care provided by the physician assistant may be reviewed with a supervising physician in person, by telephone or by other telecommunicative means.

c. When signatures are required, electronic signatures are allowed if:

(1) The signature is transcribed by the signer into an electronic record and is not the result of electronic regeneration; and

(2) A mechanism exists allowing confirmation of the signature and protection from unauthorized reproduction.

d. If the physician assistant is being trained to perform new medical procedures, the training may be carried out only under the direct, personal supervision of a supervising physician or another qualified individual.

e. The physician assistant and a supervising physician are responsible for ensuring that a supervising physician must be readily available in person, by telephone, or by telecommunication to respond to a request of the physician assistant.

326.7(6) The physician assistant may treat a patient in consultation with a physician(s) in a recognized medical residency program who holds a permanent license. The ultimate responsibility for supervision of the physician assistant remains with the supervising physicians.

326.7(7) An application shall be submitted to the board of physician assistant examiners for addition of any supervising physician after initial licensure.

326.8(1) The initial license renewal period for a licensed physician assistant shall begin on October 1 and end on September 30 of each year. Each subsequent renewal shall be valid for a period of two years and shall expire on September 30 two years following the date of licensure renewal.

326.8(2) A renewal of license application and continuing education report form to practice as a physician assistant licensee shall be mailed to the licensee at least 60 days prior to the expiration of the license. Failure to receive the renewal application shall not relieve the licensee of the obligation to pay biennial renewal fees on or before the renewal date.

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

b. 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 waiver of this requirement as identified in paragraph “f.”

c. A licensee who regularly examines, attends, counsels or treats dependent 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 waiver of this requirement as identified in paragraph “f.”

d. A licensee who regularly examines, attends, counsels or treats both dependent adults and children in Iowa shall indicate on the renewal application completion of training in abuse identification and reporting for dependent adults and children in the previous five years or condition(s) for waiver of this requirement as identified in paragraph “f.”

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

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

f. 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 an exemption 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 645—Chapter 328.

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

h. Persons licensed to practice as physician assistants shall keep their renewal licenses displayed in a conspicuous public place at the primary site of practice.

326.8(3) Late renewal. If the renewal fee(s), continuing education report and renewal application are received within 30 days after the license expiration date, the late fee for failure to renew before expiration shall be charged.

326.8(4) When all requirements for license renewal are met, the licensee shall be sent a license renewal card by regular mail.

326.9(1) If the renewal fee and continuing education report are received more than 30 days after the license renewal expiration date, the license is lapsed. An application for reinstatement accompanied by the reinstatement fee, the renewal fee(s) for each biennium the license is lapsed and the late fee for failure to renew before expiration must be filed with the board. The licensee may be subject to an audit of the licensee’s continuing education report.

326.9(2) Licensees who have not fulfilled the requirements for license renewal or for an exemption in the required time frame will have a lapsed license and shall not engage in practice as a physician assistant. Practicing without a license may be cause for disciplinary action.

326.9(3) In order to reinstate a lapsed license, licensees shall comply with all requirements for reinstatement as outlined in 645—328.5(148C).

326.9(4) After the reinstatement of a lapsed license, the licensee shall renew at the next scheduled renewal cycle and complete the continuing education required for that biennium.

326.9(5) Verifications of license(s) are required from any state in which the licensee has practiced since the Iowa license lapsed.

326.9(6) Reinstatement of a lapsed license. The following chart illustrates the requirements for reinstatement based on the length of time a license has lapsed.

326.10(1) An applicant who has been denied licensure by the board may appeal the denial and request a hearing on the issues related to the licensure denial by serving a notice of appeal and request for hearing upon the board not more than 30 days following the date of mailing of the notification of licensure denial to the applicant. The request for hearing as outlined in these rules shall specifically describe the facts to be contested and determined at the hearing.

326.10(2) If an applicant who has been denied licensure by the board appeals the licensure denial and requests a hearing pursuant to this rule, the hearing and subsequent procedures shall be held pursuant to the process outlined in Iowa Code chapters 17A and 272C.

645—326.11(148C) Use of title. A physician assistant registered or licensed under Iowa Code chapter 148C may use the words “physician assistant” after the person’s name or signify the same by the use of the letters “PA.”

645—326.12(148C) Address change. The physician assistant shall notify the board of any change in permanent address within 30 days of its occurrence.

326.13(1) Any person who is enrolled as a student (trainee) in an approved program shall comply with the rules set forth in this chapter. A student is exempted from licensure requirements.

326.13(2) Notwithstanding any other provisions of these rules, a student (trainee) may perform medical services when they are rendered within the scope of an approved program.

645—326.14(148C) Application for program approval. Application for recognition of an approved program for the education and training of physician assistants shall be provided to the board on an application provided by the board that includes:

1. The signature of the medical director or the program director;

2. All supporting documents required by the application; and

3. The application fee.

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

ITEM 3. Adopt new 645—Chapter 327 as follows:

CHAPTER 327
PRACTICE FOR PHYSICIAN ASSISTANTS

327.1(1) The medical services to be provided by the physician assistant are those delegated by a supervising physician. The ultimate role of the physician assistant cannot be rigidly defined because of the variations in practice requirements due to geographic, economic, and sociologic factors. The high degree of responsibility a physician assistant may assume requires that, at the conclusion of the formal education, the physician assistant possesses the knowledge, skills and abilities necessary to provide those services appropriate to the practice setting. The physician assistant’s services may be utilized in any clinical settings including, but not limited to, the office, the ambulatory clinic, the hospital, the patient’s home, extended care facilities and nursing homes. Diagnostic and therapeutic medical tasks common to the physician’s practice may be assigned to the physician assistant by a supervising physician after demonstration of proficiency and competence. The medical services to be provided by the physician assistant include, but are not limited to, the following:

a. The initial approach to a patient of any age group in any setting to elicit a medical history and perform a physical examination.

b. Assessment, diagnosis and treatment of medical or surgical problems and recording the findings.

c. Order, interpret, or perform laboratory tests, X–rays or other medical procedures or studies.

d. Performance of therapeutic procedures such as injections, immunizations, suturing and care of wounds, removal of foreign bodies, ear and eye irrigation and other clinical procedures.

e. Performance of office surgical procedures including, but not limited to, skin biopsy, mole or wart removal, toenail removal, removal of a foreign body, arthrocentesis, incision and drainage of abscesses.

f. Assisting in surgery.

g. Prenatal and postnatal care and assisting a physician in obstetrical care.

h. Care of orthopedic problems.

i. Performing and screening the results of special medical examinations including, but not limited to, electrocardiogram or Holter monitoring, radiography, audiometric and vision screening, tonometry, and pulmonary function screening tests.

j. Instruction and counseling of patients regarding physical and mental health on matters such as diets, disease, therapy, and normal growth and development.

k. Assisting a physician in the hospital setting by performing medical histories and physical examinations, making patient rounds, recording patient progress notes and other appropriate medical records, assisting in surgery, performing or assisting with medical procedures, providing emergency medical services and issuing, transmitting and executing patient care orders of the supervising physician.

l. Providing services to patients requiring continuing care (i.e., home, nursing home, extended care facilities).

m. Referring patients to specialty or subspecialty physicians, medical facilities or social agencies as indicated by the patients’ problems.

n. Immediate evaluation, treatment and institution of procedures essential to providing an appropriate response to emergency medical problems.

o. Order drugs and supplies in the office, and assist in keeping records and in the upkeep of equipment.

p. Admit patients to a hospital or health care facility.

q. Order diets, physical therapy, inhalation therapy, or other rehabilitative services as indicated by the patient’s problems.

r. Administer any drug (a single dose).

s. Prescribe drugs and medical devices under the following conditions:

(1) The physician assistant shall have passed the national certifying examination conducted by the National Commission on the Certification of Physician Assistants or its successor examination approved by the board. Physician assistants with a temporary license may order drugs and medical devices only with the prior approval and direction of a supervising physician. Prior approval may include discussion of the specific medical problems with a supervising physician prior to the patient’s being seen by the physician assistant.

(2) The physician assistant may not prescribe Schedule II controlled substances which are listed as stimulants or depressants in Iowa Code chapter 124. The physician assistant may order Schedule II controlled substances which are listed as stimulants or depressants in Iowa Code chapter 124 only with the prior approval and direction of a physician. Prior approval may include discussion of the specific medical problems with a supervising physician prior to the patient’s being seen by the physician assistant.

(3) The physician assistant shall inform the board of any limitation on the prescriptive authority of the physician assistant in addition to the limitations set out in 327.1(1)“s”(2).

(4) A physician assistant shall not prescribe substances that the supervising physician does not have the authority to prescribe except as allowed in 327.1(1)“n.”

(5) The physician assistant may prescribe, supply and administer drugs and medical devices in all settings including, but not limited to, hospitals, health care facilities, health care institutions, clinics, offices, health maintenance organizations, and outpatient and emergency care settings except as limited by 327.1(1)“s”(2).

(6) A physician assistant who is an authorized prescriber may request, receive, and supply sample drugs and medical devices except as limited by 327.1(1)“s”(2).

(7) The board of physician assistant examiners shall be the only board to regulate the practice of physician assistants relating to prescribing and supplying prescription drugs, controlled substances and medical devices.

t. Supply properly packaged and labeled prescription drugs, controlled substances or medical devices when pharmacist services are not reasonably available or when it is in the best interests of the patient as delegated by a supervising physician.

(1) When the physician assistant is the prescriber of the medications under 327.1(1)“s,” these medications shall be supplied for the purpose of accommodating the patient and shall not be sold for more than the cost of the drug and reasonable overhead costs as they relate to supplying prescription drugs to the patient and not at a profit to the physician or physician assistant.

(2) When a physician assistant supplies medication on the direct order of a physician, subparagraph (1) does not apply.

(3) A nurse or staff assistant may assist the physician assistant in supplying medications when prescriptive drug supplying authority is delegated by a supervising physician to the physician assistant under 327.1(1)“s.”

u. When a physician assistant supplies medications as delegated by a supervising physician in a remote site, the physician assistant shall secure the regular advice and consultation of a pharmacist regarding the distribution, storage and appropriate use of prescription drugs, controlled substances, and medical devices.

v. May, at the request of the peace officer, withdraw a specimen of blood from a patient for the purpose of determining the alcohol concentration or the presence of drugs.

w. Direct medical personnel, health professionals and others involved in caring for patients in the execution of patient care.

x. May authenticate medical forms by signing the form and including a supervising physician’s name.

y. Perform other duties appropriate to a physician’s practice.

z. Health care providers shall consider the instructions of the physician assistant to be instructions of a supervising physician if the instructions concern duties delegated to the physician assistant by the supervising physician.

327.1(2) Emergency medicine duties.

a. A physician assistant may be a member of the staff of an ambulance or rescue squad pursuant to Iowa Code chapter 147A.

b. A physician assistant shall document skills, training and education equivalent to that required of a certified advanced emergency medical technician or a paramedic.

c. A physician assistant must apply for approval of advanced care training equivalency on forms supplied by the board of physician assistant examiners.

d. Exceptions to this subrule include:

(1) A physician assistant who accompanies and is responsible for a transfer patient;

(2) A physician assistant who serves on a basic ambulance or rescue squad service; or

(3) Physician assistants who render aid within their skills during an emergency.

645—327.2(148C) Prohibition. No physician assistant shall be permitted to prescribe lenses, prisms or contact lenses for the aid, relief or correction of human vision. No physician assistant shall be permitted to measure the visual power and visual efficiency of the human eye, as distinguished from routine visual screening, except in the personal presence of a supervising physician at the place where these services are rendered.

327.3(1) A licensed physician assistant shall be supervised at a free medical clinic by a qualified practicing physician. The physician assistant shall ensure that the qualified practicing physician is informed of that physician’s supervisory responsibilities for the physician assistant.

327.3(2) A qualified practicing physician means a physician with a valid permanent license to practice medicine in Iowa and who provides medical services to the free medical clinic.

327.3(3) No new application or prior approval is required for work in a free clinic. All requirements for licensees in 645—326.2(148C) and 645—326.3(148C) apply to licensees practicing in free medical clinics.

327.4(1) A physician assistant may provide medical services in a remote medical site if:

a. The physician assistant has a permanent license and at least one year of practice as a physician assistant.

b. The physician assistant may request a waiver of the one year of practice experience if all of the following conditions are met:

(1) The physician assistant has a permanent license and at least six months of practice as a physician assistant;

(2) The supervising physician and physician assistant have worked together at the same location for a period of at least three months prior to the date the physician assistant is to begin practicing in the remote site; and

(3) Patient care provided by the physician assistant is reviewed by the supervising physician at least weekly and the supervising physician signs all charts on patient care rendered without documented direct consultation with the physician during the first year of the physician assistant’s practice.

c. The physician assistant and supervising physician comply with the supervision requirements outlined in 645—subrule 326.7(1).

327.4(2) A supervising physician must visit a remote site to provide additional medical direction, medical services and consultation at least every two weeks or less frequently as specified in special circumstances. When visits are less frequent than every two weeks in unusual or emergency circumstances, the board shall be notified in writing of these circumstances.

645—327.5(147) Identification as a physician assistant. The physician assistant shall be identified as a physician assistant to patients and to the public.

327.6(1) Each written prescription drug order issued by a physician assistant shall contain the following:

a. The date of issuance.

b. The name and address of the patient for whom the drug is prescribed.

c. The name, strength, and quantity of the drug, medicine, or device prescribed and directions for use.

d. A supervising physician’s name, the physician assistant’s name and the practice address.

e. The signature of the physician assistant followed by the initials “PA.”

f. Any prescription for controlled substances prescribed by the physician assistant shall contain the Drug Enforcement Administration (DEA) number of the physician assistant.

327.6(2) Each oral prescription drug order issued by a physician assistant shall include the same information required for a written prescription, except for the written signature and address of the practitioners.

327.7(1) Containers. A prescription drug shall be supplied in a container which meets the requirements of the Poison Prevention Packaging Act of 1970, 15 U.S.C. §§ 1471– 1476 (1976), which relate to childproof closure, unless otherwise requested by the patient. The container must also meet the requirements of Section 502G of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq. (1976), which pertain to light resistance and moisture resistance needs of the drug supplied.

327.7(2) Labeling. A label bearing the following information shall be affixed to a container in which a prescription drug is supplied:

a. The name and practice address of the supervising physician and physician assistant.

b. The name of the patient.

c. The date supplied.

d. The directions for administering the prescription drug and any cautionary statement deemed appropriate by the physician assistant.

e. The name, strength and quantity of the prescription drug in the container.

f. When supplying Schedule II, III, or IV controlled substances, the federal transfer warning statement must appear on the label as follows: “Caution: Federal law prohibits the transfer of this drug to any person other than the patient for whom it was prescribed.”

327.7(3) Samples. Prescription sample drugs will be provided without additional charge to the patient. Prescription sample drugs supplied in the original container or package shall be deemed to conform to labeling and packaging requirements.

327.7(4) Records. A record of prescription drugs supplied by the physician assistant to a patient shall be kept which contains the label information required by paragraphs 327.7(2)“b” to “e.” Noting such information on the patient’s chart or record is sufficient.

These rules are intended to implement Iowa Code section 147.107 and chapters 148C and 272C.

ITEM 4. Rescind rule 645—328.5(148C) and adopt the following new rule in lieu thereof:

645—328.5(148C) Reinstatement of lapsed license. Failure of the licensee to renew the license within 30 days after the expiration date shall cause the license to lapse. A person who allows the license to lapse cannot engage in practice in Iowa without first complying with all regulations governing reinstatement as outlined in the board rules. A person who allows the license to lapse must apply to the board for reinstatement of the license. Reinstatement of the license may be granted by the board if the applicant:

1. Submits a written application for reinstatement;

2. Submits the renewal fee(s), late fee, and reinstatement fee;

3. Provides verification of license(s) from every state in which the licensee has practiced since the Iowa license lapsed;

4. Provides evidence of satisfactory completion of continuing education requirements during the period since the license lapsed. The total number of continuing education hours required for license reinstatement is computed by multiplying 100 by the number of bienniums since the license lapsed to a maximum of two bienniums or 200 hours of continuing education credit, of which at least 40 percent of the hours completed shall be in Category I; and

5. For a license that has lapsed for one year or more, submits information on each supervising physician.

ITEM 5. Amend rule 645—328.7(148C) as follows:

645—328.7(148C) Continuing education waiver exemption for disability or illness. The board may, in individual cases involving disability or illness, grant waivers exemptions of the minimum educational continuing education requirements or extension of time within which to fulfill the same or make the required reports. No waiver exemption or extension of time shall be granted unless written application therefor is made on forms provided by the board and signed by the licensee and appropriate licensed health care practitioners. The board may grant a waiver an exemption of the minimum educational continuing education requirements for any period of time not to exceed one calendar year from the onset of disability or illness. In the event that the disability or illness upon which a waiver an exemption has been granted continues beyond the period of waiver exemption, the licensee must reapply for an extension of the waiver exemption. The board may, as a condition of any waiver granted, require the applicant to make up a certain portion or all of the minimum educational continuing education requirements waived exempted by such methods as may be prescribed by the board.

ITEM 6. Adopt new 645—Chapter 329 as follows:

CHAPTER 329
DISCIPLINE FOR PHYSICIAN ASSISTANTS

329.1(1) Grounds for disciplinary action. The board may impose any of the discipline set forth in rule 645— 13.1(272C) when the board determines the licensee is guilty of the following:

a. The use of presigned prescriptions, or the use of a rubber stamp to affix a signature to a prescription. A person who is unable, due to a physical handicap, to make a written signature or mark, however, may substitute in lieu of a signature a rubber stamp which is adopted by the handicapped person for all purposes requiring a signature and which is affixed by the handicapped person or affixed by another person upon the request of the handicapped person and in that person’s presence.

b. Fraud in procuring registration or licensure to practice as a physician assistant.

c. Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.

d. Failure to possess and exercise that degree of skill, learning, and care expected of a reasonably prudent physician assistant acting in the same or similar circumstances.

e. The excessive use of alcohol, drugs, narcotics, chemicals, or other substances which may impair a physician assistant’s ability to practice the profession with reasonable skill and safety.

f. Conviction of a felony related to the profession or the conviction of a felony that would affect the ability to practice within this profession. A copy of the record of conviction or plea of guilty shall be clear and convincing evidence.

g. Willful or repeated violations of the provisions of these rules and Iowa Code chapter 148C.

h. Failure to report a licensure, registration or certification revocation, suspension, or other disciplinary action taken by a licensing authority of another state, territory, or country.

i. Inability to practice as a physician assistant with a reasonable degree of skill and safety due to a mental or physical impairment or substance abuse.

j. Willful or repeated violation of a lawful rule promulgated by the board.

k. Violating a lawful order of the board previously entered by the board in a disciplinary hearing.

l. Being adjudged mentally incompetent by a court of competent jurisdiction.

m. Making suggestive, lewd, lascivious or improper remarks or sexual advances to a patient.

n. Knowingly submitting a false report of continuing ed– ucation.

o. Failure to notify the board within 30 days after occurrence of any judgment or settlement of a malpractice claim or action.

p. Failure to file a report concerning acts or omissions committed by another physician assistant. No licensee shall be required to report information which is deemed to be confidential communication as the result of a physician–patient relationship or which is prohibited by state or federal statute. The report shall include the name and address of the licensee and the date, time and place of the incident.

q. Willful or repeated gross malpractice.

r. Willful or gross negligence.

s. Obtaining any fee by fraud or misrepresentation.

t. The performance of medical functions without approved supervision except in cases requiring performance of evaluation and treatment procedures essential to providing an appropriate response to emergency situations.

u. Knowingly or willingly performing a medical function or task prohibited by the board or for which the assistant is not qualified by training to perform.

v. Violating a statute or law of the state, another state, or the United States, without regard to its designation as either felony or misdemeanor, which statute or law related to the practice of a physician assistant.

w. Habitual intoxication or addiction to drugs.

x. Failure to comply with the recommendations issued by the Centers for Disease Control of the United States Department of Health and Human Services for preventing transmission of human immunodeficiency virus and hepatitis B virus to patients during exposure–prone invasive procedures, or with the recommendations of the expert review panel established pursuant to Iowa Code section 139A.22(3), and applicable hospital protocols established pursuant to Iowa Code section 139A.22(1).

329.1(2) The board may refuse to grant licensure to practice as a physician assistant for any of the grounds set out in subrule 329.1(1).

This rule is intended to implement Iowa Code sections 148C.5A and 148C.6A.

ITEM 7. Adopt new 645—Chapter 330 as follows:

CHAPTER 330
FEES

645—330.1(148C) Fees. All fees are nonrefundable.

330.1(1) Application fee for a license is $100.

330.1(2) Application fee for temporary or permanent registration is $50.

330.1(3) Application fee for recognition of an approved program is $50.

330.1(4) Renewal of license fee is $100.

330.1(5) Renewal of registration fee only is $5.

330.1(6) Late fee for a lapsed license/registration is $100.

330.1(7) Reinstatement fee is $50.

330.1(8) Fee for a temporary license is $100.

330.1(9) Duplicate license fee is $10.

330.1(10) Fee for verification of license or registration is $10.

330.1(11) Returned check fee is $15.

330.1(12) Disciplinary hearing fee is a maximum of $75.

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

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 7, “Greyhound Racing,” and Chapter 11, “Gambling Games,” Iowa Administrative Code.

Item 1 changes the definition of “steward.”

Items 2 and 3 require more than one steward to initiate a suspension of an occupational license.

Item 4 corrects an incorrect rule reference.

Item 5 adds a subrule for gambling games of chance involving prizes awarded to participants through promotional activities at a facility.

Any person may make written suggestions or comments on the proposed amendments on or before April 23, 2002. 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 April 23, 2002, 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 rule 491—4.2(17A), definition of “steward,” as follows:

“Steward” means an employee of the commission assigned by the administrator to a licensed pari–mutuel racetrack a racing official appointed or approved by the commission to perform the supervisory and regulatory duties of the commission relating to pari–mutuel racing.

ITEM 2. Rescind subrule 4.6(3) and adopt in lieu thereof the following new subrule:

4.6(3) The stewards shall summarily suspend an occupational license when a licensee has been formally arrested or charged with a crime that would disqualify the person from holding a license if convicted. Upon proof of resolution of a disqualifying criminal charge or formal arrest, regardless of summary suspension of a license, the stewards shall take one of the following courses of action:

a. If the license was summarily suspended and the charges are dismissed or the licensee is acquitted of the charges, the stewards shall reinstate the license.

b. If the licensee is convicted of the charges, the stewards shall deny the license.

c. If the licensee is convicted of a lesser charge, it is at the discretion of the stewards whether to reinstate or deny the license pursuant to 491—Chapter 6.

d. If the licensee receives a deferred judgment, the stewards shall evaluate the qualifications of the individual to hold an occupational license pursuant to 491—Chapter 6.

ITEM 3. Amend subrule 4.6(4) as follows:

4.6(4) A steward The stewards may summarily suspend an occupational licensee in accordance with rule 491— 4.47(17A).

ITEM 4. Amend subrule 7.5(2), paragraph “j,” as follows:

j. Promptly reporting the death of any greyhound in the trainer’s care on facility grounds to the stewards, owner, and the commission veterinarian and complying with the rules on postmortem examination set forth in paragraph 7.3(3)“h.” 7.3(3)“g.”

ITEM 5. Amend rule 491—11.5(99F) by adopting the following new subrule:

11.5(4) Gambling games of chance involving prizes awarded to participants through promotional activities at a facility.

a. Proposals. Gambling games of chance involving prizes awarded to participants through promotional activities occurring at a facility shall be authorized and approved by the commission. Before a facility may conduct such gambling game, all proposals for terms, game rules, prizes, dates of operation and procedures for any gambling games of chance involving prizes awarded through promotional activities occurring at a facility shall be submitted in writing to a commission representative for approval. The written submission shall be submitted to the commission representative at least 14 days in advance of the planned activity. Any changes to an approved gambling game of chance involving prizes awarded to participants through promotional activities shall also require the approval of the commission representative. Gambling games of chance involving prizes awarded to participants through promotional activities occurring at a facility shall meet the following requirements:

(1) All rules of play shall be in writing and posted for public inspection;

(2) Such games shall be limited to participants 21 years of age or older;

(3) All games shall be conducted in a fair and honest manner, and all prizes advertised shall be awarded in accordance with the posted rules of play;

(4) All such games shall be conducted within the regulated area of the facility and shall be conducted in accordance with the submission approved by the commission representative;

(5) No entry fees shall be permitted; and

(6) All employees of the facility shall be prohibited from participation.

b. Limits. Gambling games of chance involving prizes awarded to participants through promotional activities conducted at a facility shall be subject to the wagering tax pursuant to Iowa Code section 99F.11. However, in determining the adjusted gross receipts, the facility may consider all nonmonetary consideration expended by a participant and shall certify to the commission that the nonmonetary consideration is at least equal to the value of the prizes awarded.

Pursuant to the authority of Iowa Code section 262.9(3), the Board of Regents hereby gives Notice of Intended Action to amend Chapter 3, “Personnel Administration,” Iowa Administrative Code.

The rules in Chapter 3 describe the administration of the Regent Merit System with amendments as necessitated by collective bargaining and Iowa Code chapter 19A.

Any interested person may make written suggestions or comments on this proposed amendment on or before April 23, 2002. Such written materials should be directed to the Board of Regents, State of Iowa, 11260 Aurora Avenue,Urbandale, Iowa 50322–7905, or via fax at (515)281–6420. Persons who wish to convey their views orally should contact the Board of Regents, State of Iowa, at (515)281–3934.

Also, there will be a public hearing on April 23, 2002, from 10 to 11 a.m. in the Conference Room, Board of Regents, State of Iowa, 11260 Aurora Avenue, Urbandale, Iowa, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the rules.

Any persons who intend to attend a public hearing and have special requirements, such as hearing or mobility impairments, should contact the Board of Regents, State of Iowa, and advise of specific needs.

These amendments are intended to implement Iowa Code chapter 19A.

The following amendments are proposed.

ITEM 1. Amend rule 681—3.2(19A) as follows:

681—3.2(19A) Covered employees. All employees of the board of regents, except those exempted by the state merit employment Act Iowa Code section 19A.3, will be covered under the rules of this system. Employees hired into permanent positions one year or more prior to the date of implementation of these rules will be given permanent status and full rights hereunder. Employees hired less than one year prior to the date of implementation of these rules will be required to complete a probationary period in accordance with 3.90(19A). Service immediately prior to the date these rules are implemented will count as probationary time.

ITEM 2. Amend rule 681—3.3(19A), introductory paragraph, as follows:

681—3.3(19A) Administration. Under authority of the board of regents and the supervision of its executive director, a merit system director will be appointed who will be responsible for the development, operation and evaluation of the system in compliance with the objectives and intent of the state merit employment Act Iowa Code chapter 19A and regents regent merit rules. At each board of regents institution the head thereof will designate an administrator to serve as resident director of the system. The resident director will be responsible through the chief executive at the institution for conducting a program of personnel administration in accordance with these rules. The merit system director shall review the operation of the merit system at each of the institutions and will be responsible for the direction of the merit system and have the authority to ensure the uniform administration of the merit system under provision of these rules.

ITEM 3. Amend rule 681—3.14(19A) as follows:

Amend the following definitions:

“Advanced starting rate” is a rate or step of on the pay grade which is greater than the minimum rate (Step 1) of the pay grade for a specific class as provided for in the approved pay plan.

“Certification” is the determination, in accordance with the rules, by the resident director of the people from which an employing department may select to fill a vacancy means the referral of qualified applicants from an eligibility register to a department for the purpose of making a selection in accordance with these rules.

“Class” or “class of position” means one or more positions, which are sufficiently similar in duties and responsibilities, that each position in the group can be given the same job title, and require the same minimum qualifications as to education and experience, can be filled by substantially the same test of ability or fitness, and that the same schedule of pay can be applied with equity to all positions in the class under the same or substantially the same employment conditions.

“Classify” or “allocate” means to make the original assignment of a position to an appropriate class on the basis of the duties and responsibilities assigned and to be performed.

“Eligibility lists” are lists of names of qualified applicants who have passed the examination prescribed for a particular class of position.

“Eligibility register” consists of the names of the applicants on from the appropriate eligibility list who received the highest six scores who are certified for a specific vacancy.

“Examination” is a test of fitness that is applied to determine the eligibility of an applicant for a class the screening of applicants.

“Lateral transfer” means a change from a position in one class to a different position in the same class in another department or institution, or to a position in a different class having the same last two–digit pay grade designation or another class in the same pay grade.

“Maximum rate” is the final step value of the pay grade to which a classification is assigned. A “red–circled” rate is above the maximum.

“Minimum rate” is Step 1 the minimum value of the pay grade to which a classification is assigned. It is less than an “Advanced advanced starting rate.”

“Pay grade” or “grade” means is the numerical designation of a on the pay schedule having a minimum and maximum with intermediate steps establishing rates of pay. The last two digits of a pay grade shall govern the level of a grade and determine whether a class is lower, higher, or the same as another class to determine demotion, promotion, or transfer. to which individual classes are assigned.

“Permanent employee” is an employee who has completed the initial probationary period and thereby acquired permanent status in accordance with the rules of the system.

“Probationary period” is a work test six–month period that is a part of the examination process following an original appointment. A subsequent probationary period is required for a promotion, voluntary demotion out of series, or lateral transfer out of class to determine an employee’s fitness for the position. A probationary period is required for an original appointment, reinstatement, reemployment to a class not previously held, promotion, voluntary demotion out of series or lateral transfer out of class.

“Reclassify” or “reallocate” means to make a reassignment or change in the allocation classification of a position by raising it to a higher, reducing it to a lower, or moving it to another class of the same level on the basis of significant changes in the kind or difficulty of the tasks, duties, and responsibilities in such position, or because of an amendment to the classification plan, and officially assigning to that position the class title for such appropriate class of position.

“Reemployment” is the reappointment of an employee from a reemployment list register. An employee may be placed on a reemployment list as a result of (1) layoff or voluntary demotion in lieu of layoff, or (2) medically related disability leave and exhaustion of vacation and medically related disability leave credits, or (3) failure to pass a subsequent probationary period on a promotion, lateral transfer out of class, or demotion out of series.

“Suspension” is a an enforced leave of absence with or without pay enforced as for purposes of conducting an investigation or as a disciplinary measure.

Adopt the following new definition:

“Step” is the value established through the collective bargaining process or by the merit system director for the purposes of applying the rules on compensation and the setting of advanced starting rates.

Rescind the following definition:

ITEM 4. Amend rules 681—3.25(19A) and 681— 3.26(19A) as follows:

681—3.25(19A) Preparation and maintenance of the classification plan. The merit system director, in consultation with the resident directors and subject to the approval of the board of regents, shall develop and maintain a classification plan so that all positions that are substantially similar and comparable in regard to the kind and difficulty of work and the level of responsibility are included in the same class, so that the same minimum qualifications are required for all positions in the same class (except as provided in 3.69(2)), so that the same examination may be used in filling all positions in a class, and so that the same pay schedule may be equitably applied (except for geographical differences) to all positions in the class. For each class of position the plan will include a class title, a definition of the job, examples of the kind of work performed, statements of knowledges, skills and abilities, and the minimum qualifications for the class including special requirements when applicable.

681—3.26(19A) Administration of the classification plan. The merit system director will direct the uniform administration of the classification plan. Resident directors may recommend classifications and reclassifications. Employing departments and employees may appeal classification and reclassification in accordance with 3.127(19A) of these rules.

The merit system director, in consultation with the resident directors and subject to the approval of the board of regents, may establish new classes and change or abolish existing classes which affect the merit system pay plan in order to meet the needs of the institutions and to properly reflect changes in work and the organization thereof. When the changes do not affect the pay plan of the merit system, the merit system director may, in consultation with the resident directors, change existing classes and report such changes annually to the board of regents. When the classification of a position is changed, the incumbent will be entitled to continue service in the position provided the incumbent meets the minimum qualifications or provided the duties have not changed appreciably. If the incumbent is not eligible to continue, the incumbent may be transferred, promoted, demoted or laid off in accordance with the rules. Changes in classification will not be used to avoid other provisions of these rules relating to layoffs, promotions, demotions and dismissal.

A review of the allocation of positions to classifications individual classifications, class series, or group of classes may be initiated by the merit system director on a systemwide basis. The administrative review shall preempt the classification appeal procedure provided in 3.127(19A) of these rules. Changes in the classification of positions resulting from a systemwide review shall be effective at the beginning of the next fiscal year unless the merit system director establishes an earlier date for implementation.

This rule is intended to implement Iowa Code sections 19A.3(5) and 19A.9.

ITEM 5. Amend rule 681—3.37(19A) as follows:

681—3.37(19A) Preparation, content and adoption of the pay plan. The board of regents will adopt a pay plan for all the classes established in the classification plan. The pay plan will consist of a schedule or schedules of numbered grades with minimum, maximum and intermediate steps minimums and maximums for each grade. Each class will be assigned to a pay grade. The plan will be developed to reflect the relative difficulty and responsibility of the work involved in the various classes, what is paid for similar work by other employers in the pertinent labor market, and the availability of funds with due regard to the results of a collective bargaining agreement negotiated under the provisions of Iowa Code chapter 20. The plan will be uniformly applicable to all regents institutions except for variances approved on the basis of geographical differences. Prior to final approval by the board of regents, the plan will be the subject of a public hearing conducted after reasonable and adequate notice at each board of regents institution. After approval by the board of regents, the plan will be submitted for approval to such other authority as required by law.

ITEM 6. Amend rule 681—3.39(19A) as follows:

681—3.39(19A) Administration of the pay plan. Within the provisions of these rules, the pay plan will be uniformly administered by the resident directors under the direction of the merit system director for all classes in the system. Except as otherwise provided in these rules and in the pay plan, all employees will be paid at one of the steps of between the minimum and maximum of the pay grade to which the employee’s class is assigned and such pay will constitute the total cash remuneration the employee receives for the employee’s work in that position. Perquisites such as subsistence and maintenance allowances will be considered a part of pay and the value of such will be deducted from an employee’s rate of pay. Any employee who is approved for participation in a phased retirement program as provided for by state law and regent policy shall have the salary provided under these rules adjusted as specified by such law and regent policy.

3.39(1) Entrance salaries. The entrance salary for an employee in any position under this system will be the minimum salary of the pay grade to which that class of position is assigned or in accordance with the approved pay plan, except as provided by the following:

a. No change.

b. Appointment based on exceptional qualifications. Employees whose qualifications substantially exceed the minimum required for the class, or who possess outstanding experience relative to the demands of the position may, at the request of an employing department, be appointed at a rate higher than the minimum, provided that the pay of all other employees with similar qualifications working under the same conditions at the same institution are raised to that higher rate. Such appointments must be approved by the resident director and reported to the merit system director. Such appointments which necessitate the adjustment of the salaries of employees other than the appointee will, in addition, require prior approval of be reported to the merit system director.

Increases authorized and granted to other employees as the result of appointments based on the scarcity of qualified applicants, 3.39(1)“a,” or appointments based on exceptional qualifications, 3.39(1)“b,” will establish new merit review dates for affected employees.

c. No change.

3.39(2) Merit increases. Nonbargaining Permanent and probationary employees on Step 1 in a pay grade will be eligible for a step merit increase upon completion of six months following one year of satisfactory performance in their assigned classification at the same step with the exception that permanent and probationary employees paid at the minimum of a pay grade will be eligible for a merit increase upon completion of 6 months of satisfactory service in their assigned classifications and every 12 months thereafter. Permanent and probationary employees on Step 2 or above in a pay grade will be eligible for a step merit increase upon completion of one year of satisfactory performance in their assigned classification at the same rate of pay step except that no No merit increase will be granted above the last step in maximum of the pay grade. The period of satisfactory per–formance will be measured from the last merit review date if such date has been established. Merit increases in pay will not be made retroactively, but may be denied or deferred by the employing department on the basis of work performance. Employees whose merit increases are denied or deferred will, prior to the scheduled effective date of increase, be informed of such action by written statement from their employing department which specifies the reason for the denial or deferral. Denials or deferrals of a merit increase for six months or less for reason of unsatisfactory work performance will not result in the establishment of a revised merit review date.

Deferrals resulting from leaves of absence without pay or layoff exceeding 30 calendar days will cause a change of the merit review date equal to the time away from work. Pay for exceptional performance, not to exceed 5 percent of an employee’s current annual salary, may be given to an employee at the written request of the employee’s department head with appropriate administrative approval and the prior approval of the resident director. The request will describe the nature of the exceptional job performance for which additional pay is requested, indicate the amount proposed, and specify the source of funds. The award may be based on sustained superior performance or an exceptional achievement or contribution during the period since the employee’s last performance review.

To qualify for an exceptional performance award, an employee must have a cumulative performance evaluation exceeding standards and have no individual rating below satisfactory. Payment will be made as a lump sum award and will not change the employee’s established salary rate. No employee will be eligible for more than one award a year.

3.39(3) Pay on promotion. An employee who is promoted will be moved to the minimum rate of the new grade, or to the next a higher rate on the new grade which provides an adjustment that is the salary equivalent of not less than the value of a one step higher than the employee’s present base pay. In no event will the adjustment result in pay above the maximum of the new grade.

If the promotion involves movement to a new grade that is three or more grades higher than the employee’s present grade, the resident director may approve, on written request from the employing department, an increase that is equivalent to the value of two steps higher than the employee’s present base pay.

For the purpose of calculating the promotional increase, any extra pay such as shift differential pay, pay for special assignment, on–call pay, pay for overtime, or pay for call back shall be excluded as part of the employee’s present base pay. The merit review date will be computed from the effective date of promotion and in accordance with 3.39(2). Pay on promotion in accordance with the provisions of subrule 3.39(1), paragraph “b,” may be authorized by a resident director and will be reported to with the approval of the merit system director.

3.39(4) Pay on demotion. Upon recommendation by the department head, and with the prior approval of the resident director, the pay of an employee who is demoted will be set at any step rate within the new pay grade that does not exceed the rate at which the employee was paid in the position from which the employee was demoted. Merit review date will not change.

If the salary of an employee who is demoted as the result of reclassification of the employee’s position exceeds the maximum salary of the pay range to which the new classification is assigned, at the discretion of the employing department and with the approval of the resident director, the salary may be “red–circled” for a period not to exceed one year. An extension not to exceed one additional year may be approved by the merit system director.

If an employee accepts voluntary demotion in lieu of layoff, the salary shall be retained providing funding is available. In no event will the salary exceed the maximum of the new pay grade.

3.39(5) Pay on reinstatement, reemployment or return from leave.

a. An employee who is reinstated to the previously occupied class or a class in the same pay grade as the previously occupied class will be paid at a rate no less greater than what the employee was last paid and between the minimum and maximum of the pay grade and no higher than that provided at the step of the pay grade at which the employee was last paid with the prior approval of the resident director. An employee who is reinstated to a lower class, or who is returned to a merit system position from a professional position, will be paid in accordance with subrule 3.39(4), pay on demotion. The date of reinstatement will be the merit review date.

b. An employee who is reemployed to the previously occupied class, will be paid at a rate no less greater than what the employee was last paid and no higher than and between the minimum and maximum of the pay grade that provided at the step of the pay grade at which the employee was last paid with the prior approval of the resident director. When a merit increase has been granted to an employee in a position taken through voluntary demotion in lieu of layoff and the merit increase results in a higher rate of pay than last paid to the employee prior to the voluntary demotion in lieu of layoff, the employee may be reemployed to the previously occupied class with the higher rate of pay. Reemployment to the previously occupied position or class of position from a position taken as a voluntary demotion in lieu of layoff will not be considered a promotion. The merit review date will not change as a result of the voluntary demotion in lieu of layoff, nor as a result of reemployment to the previously occupied class from a position taken as a voluntary demotion in lieu of layoff.

c. An employee who is reappointed to the previously occupied position or a position in the same class on conclusion of a leave without pay will be paid in accordance with the provisions concerning pay on reemployment as provided above.

3.39(6) No change.

3.39(7) Pay on lateral transfer. Employees who are transferred from:

a. One Employees who are transferred from one position to another position in the same class shall receive no adjustment in base pay;

b. One class Employees who are transferred from one position to another class position in a different class but in the same pay plan (matrix) grade shall receive no adjustment in base pay except as set forth in “c” and “d” and “f” below;

d c. One Employees who are transferred from one class with a lower or no advanced starting rate to a class with a higher advanced starting rate shall receive:

(1) An adjustment to the higher advanced starting rate if the base pay prior to lateral transfer is less than the higher advanced starting rate, and if the minimum qualifications are met for the class. When the base pay adjustment is the salary equivalent of the value of a step or greater, an adjustment in merit review date will result, and be computed from the effective date of lateral transfer and in accordance with 3.39(2); or

(2) No There will be no adjustment in base pay if the employee’s base pay prior to lateral transfer is not less than the higher advanced starting rate. , and if the minimum qualifications are met for the class and the classes are in the same pay plan (matrix); or

e d. One Employees who are transferred from one position in a class with a higher advanced starting rate to a position in a class in the same pay grade but with a lower or no advanced starting rate shall be paid in accordance with subrule 3.39(4), “pay on demotion.” in the same plan (matrix) shall receive, with prior approval of the resident director:

f e. One class with a higher advanced starting rate to a class with a lower or no advanced starting rate not in the same grade pay plan (matrix) shall receive, with prior approval of the resident director:

The above provisions notwithstanding, no employee will receive base pay above the maximum step of the class following transfer. If the base pay is adjusted to Step 1, the merit review date shall be changed in accordance with 3.39(2) if scheduled more than six months from the effective date of transfer; otherwise it shall remain unchanged In no case may an employee be paid below the minimum or above the maximum for a classification.

3.39(8) Pay on reassignment of a revised class of position to a different pay grade upon change in pay grade of class. If the class of position is revised and reassigned to a higher pay grade, subrule 3.39(3), Pay pay on promotion, will apply.

If the class of position is revised, and reassigned to a lower pay grade, subrule 3.39(4), Pay pay on demotion, will apply.

3.39(9) No change.

3.39(10) Pay for exceptional performance. An employee may be given pay for exceptional performance, not to exceed 5 percent of an employee’s current annual salary, at the written request of the employee’s department head with appropriate administrative approval and the prior approval of the resident director. The request will describe the nature of the exceptional job performance for which additional pay is requested, indicate the amount proposed, and specify the source of funds. The award may be based on sustained superior performance or an exceptional achievement or contribution during the period since the employee’s last performance review. To qualify for an exceptional performance award, an employee must have a cumulative performance evaluation exceeding standards and have no individual rating below satisfactory. Payment will be made as a lump sum award and will not change the employee’s established salary rate. No employee will be eligible for more than one award a year.

3.39(11) No change.

3.39(12) Lead Pay for lead worker status. On request of an employing department and with approval of the resident director, an employee who is assigned and performs limited supervisory duties (such as distributing work assignments, maintaining a balanced workload within a group, and keeping attendance and work records) in addition to regular duties, may be designated as lead worker in the classification assigned, and paid during the period of such designation a salary equivalent to a one–step increase the employee’s base salary plus the equivalent of one step.

3.39(13) Pay for trainees and apprentices. The schedule of wages for trainees and apprentices will consist of a step in the pay matrix for every year of training required. Each employee whose performance is satisfactory as determined by the employing department will progress one–half of the value of a step every six months from the first step minimum of the schedule pay grade to the entrance rate established for the journey class at the completion of time established for training or apprenticeship.

3.39(14) Pay for returning veterans. Veterans who return from military leave will have their rate of pay set at the appropriate merit step rate they would have attained had they continued in service at the regents institution from which they took military leave.

3.39(15) and 3.39(16) No change.

3.39(17) Pay for time on–call. At the request of an institution, the board of regents may authorize the compensation of employees for time spent on–call. At the request of the employer, employees who are off duty and free to engage in their own pursuits shall be considered on–call, provided (a) that they leave word with the employer where to be reached if needed, and (b) that they are able to report ready for work within a specified time after being contacted by the employer. The rate for on–call pay shall be determined by the merit system director.

3.39(18) No change.

This rule is intended to implement Iowa Code section 19A.9.

ITEM 7. Amend rules 681—3.50(19A) through 681— 3.52(19A) as follows:

681—3.50(19A) Applications. Applications for employment will contain no question so formed as to elicit any information prohibited by state or federal statutes, and the truth of statements made on the application will be certified by the signature of the applicant. Public announcement of vacancies will be made for ten calendar days in classifications for which applications are not accepted on a continuous basis. Persons with disabilities may request specific examination accommodations. Reasonable accommodations will be granted in accordance with policies established by the institution. Applications will be kept on file at the institution for a period of time to be designated by the resident director.

681—3.51(19A) Examinations. Entrance to the service will be conducted on an open competitive basis. Examinations must be approved by the merit system director. Examinations may, at the designation of the resident director, be conducted on a continuous basis, or they may be offered periodically as need or anticipated need for employees arises. Examinations will be practical in nature, constructed to reveal the capacity to successfully perform the job for which the applicant is competing, and will be rated objectively. They will be structured for necessary minimum levels of competence.

681—3.52(19A) Character of examinations. Examinations may be assembled or unassembled and may be include written, or oral, and may include physical, or performance tests, or any combination of these. They Examinations may take into consideration screen for such factors as education, experience, aptitude, knowledge, character, physical fitness, or other qualifications or attributes which enter into the determination of the relative fitness of applicants. The examination process must be approved by each institution’s resident director.

ITEM 8. Rescind and reserve rules 681—3.53(19A) and 681—3.54(19A).

ITEM 9. Amend rule 681—3.55(19A) as follows:

681—3.55(19A) Rejection or disqualification of applicants. The resident director may reject any applicant or, after examination, may refuse to certify any candidate if it is found that the person:

1. Does not meet the minimum required qualifications for the class;

2. Cannot perform the essential functions of the position due to a disability with or without a reasonable accommodation;

3. Habitually uses narcotics or uses intoxicating beverages to excess;

4. Has made a false statement of material fact in the application;

5. Has information concerning the examination to which the person is not entitled;

6. Has been convicted of a felony crime which makes the person unsuitable for employment in a particular class or position;

7. Has been dismissed from private or public service for a cause that would be detrimental to the regents institution employing the applicant.

A disqualified applicant or eligible will promptly be notified in writing of such action at the last–known address. A disqualified applicant or eligible may request review of the reason for disqualification. Such request will be in writing and upon the receipt, the resident director will give full consideration to the request, and notify the applicant of the resident director’s decision in writing.

ITEM 10. Rescind and reserve rule 681—3.56(19A).

ITEM 11. Amend rules 681—3.67(19A) to 681— 3.70(19A) as follows:

681—3.67(19A) Eligibility lists. Insofar as possible, eligibility lists will be established and maintained by the resident director to fill the employment needs of the institution. Three kinds of eligibility lists are provided will be established: reemployment, employment, and promotional, each of which will be maintained by class of position.

Reemployment lists will consist of the names of permanent employees who have been laid off or demoted in lieu of layoff or who are able and qualified to return to work following a medically related disability leave, in accordance with 3.104(4)“j” and 3.143(19A) or in accordance with 3.90(4). These lists will be maintained in order by retention points calculated in accordance with the approved formula rules for reduction in force, beginning with the person with the highest number of points. Reemployment rights apply only to classes for which the employee is eligible in accordance with these rules.

Employment lists will be established as the result of competitive examinations and will consist of include the names of all applicants who have qualified by passing examinations and who have not been disqualified in accordance with these rules meet the qualifications for a classification. Employment lists will be maintained in order of test score achievement beginning with the highest for specific classifications designated for continuous acceptance of applications in accordance with rule 3.50(19A).

Promotional eligibility lists will consist of the names of all permanent employees who are qualified and have requested consideration for promotion unless an employing department requests that the promotional list be limited to permanent employees of that department.

3.67(1) Removal of names from eligibility lists. In addition to the causes for rejection or disqualification set forth under 3.55(19A), the resident director may permanently or temporarily remove names from eligibility lists for the following reasons:

a. On Upon receipt of a written statement notification from eligibles applicants that they no longer desire consideration for a position in the class.

b. Appointment through certification from such eligibility list to fill a permanent position.

c. Failure to respond within five working days to the written inquiry of the resident director relative to availability for appointment.

d. Declination of appointment without good cause or under conditions which the eligibles applicants previously indicated they would accept.

e. Failure to appear for a scheduled employment interview or to report for duty within a reasonable time specified by the employing department.

f. Failure to maintain a record of their current address with the resident director as evidenced by the return of a properly addressed unclaimed letter or other evidence.

g. Willful violation of any of the provisions of these rules.

3.67(2) Duration of eligibility lists. Employment and promotional eligibility lists will exist for a period of time no less than one year and no more than three years as designated by the resident director. Eligibility lists may be continuous or closed after a vacancy is filled. Reemployment eligibility lists will exist for a period of two years. Names may be added to or deleted from eligibility lists in accordance with these rules. The names of applicants who have not been appointed or otherwise removed from lists will be removed at the termination of the designated period of time designated by the resident director.

3.67( 4 3) Precedence of eligibility lists. For appointment to permanent positions, eligibility lists will be used as follows:

Reemployment lists will supersede employment and promotional lists.

681—3.68(19A) Personnel requisitions. Requests to fill vacancies in permanent positions will be initiated in writing by the requesting department and forwarded to the resident director. The request will include the class of the position to be filled, the number of vacancies and the date of need.

681—3.69(19A) Certification from eligibility lists. The resident director will certify the names of eligible candidates in the following manner:

From a reemployment list the resident director will certify for appointment in the following order:

1. If the vacancy occurs in a college or operating division in which employees on the reemployment list for that class were last employed, the resident director will certify the one employee highest with the greatest number of retention points on the list who was laid off, demoted or took a medically related disability leave from that college or division; or

2. If the vacancy occurs in a college or operating division other than the one in which any employee on the reemployment list for that class was last employed, the resident director will certify the names of the six employees standing highest on the reemployment list.

When the reemployment list for a class has been exhausted, employing departments may request either the employment list or promotional list or both, and the resident director will certify the registers. for employment candidates on the eligibility register of the employment list for the appropriate class or names of candidates on the promotional lists for the appropriate class. Employing departments may request the names of candidates from either or both lists.

3.69(1) Eligibility registers. An eligibility register will consist of the names of the certified applicants for a specific vacancy. on the appropriate employment eligibility list who received the highest six scores.

3.69(2) Special qualifications. An employing department may request in writing that the resident director certify for appointment candidates applicants who have special qualifications in addition to the minimum qualifications prescribed in the class specifications. If, in the judgment of the resident director, such a request is validly related to job performance, the resident director may certify, in the order of their standing on the eligibility list, only the names of eligibles applicants who have such special qualifications.

This rule is intended to implement Iowa Code section 19A.9(7).

681—3.70(19A) Selection of employees. Employing departments will notify the resident director of all vacancies in permanent positions as far in advance of the date of need as possible. The resident director will certify as approved for appointment names of candidates in accordance with these rules. Final selection will be made by the employing department. Nothing in these rules will require the hiring of any candidate applicant. When a properly certified candidate applicant is selected by a department, the department will so notify the resident director.

ITEM 12. Amend rule 681—3.82(19A) as follows:

681—3.82(19A) Temporary appointments. Temporary appointments may be made and approved by the resident director to provide for services needed on a periodic basis. Appointments may be made without reference to the provision of these rules regarding minimum qualifications, certification, and selection. Employees appointed on this basis will not work more than 960 780 hours in any fiscal year, but may, at the request of the employing department, be returned to duty in successive years.

This rule is intended to implement Iowa Code section 19A.9.

ITEM 13. Rescind and reserve rule 681—3.83(19A).

ITEM 14. Amend rule 681—3.85(19A) as follows:

681—3.85(19A) Project appointment. When it is known that a particular job, project, grant or contract will require the services of an employee for a limited duration, a project appointment may be made. Such an appointment will not be made for more than one year. While an extension beyond one year may be approved by the merit system director on the basis of a limited need that could not otherwise be efficiently and effectively filled, successive project appointments will not be allowed.

Such appointments will not confer to the individual any right of position, transfer, demotion, or promotion, but incumbents shall be eligible for vacation and sick leave, except that a project appointment made for less than 120 days or 960 780 hours will be considered a temporary appointment under rule 3.82(19A) without conferring rights or eligibility for vacation or sick leave.

This rule is intended to implement Iowa Code sections 19A.9 and 70A.1.

ITEM 15. Rescind and reserve rule 681—3.86(19A).

ITEM 16. Amend rule 681—3.87(19A) as follows:

681—3.87(19A) Permanent appointments. A candidate An applicant who is certified from an eligibility register and appointed with the approval of the resident director to a permanent position, and who successfully completes a probationary period in accordance with these rules, will have permanent status.

ITEM 17. Rescind and reserve rule 681—3.88(19A).

ITEM 18. Amend rule 681—3.89(19A) as follows:

681—3.89(19A) Reinstatement. A permanent employee who has resigned in good standing may be reappointed without certification from an eligibility list to a position in the same class or pay grade from which the employee resigned or a lower class for which qualified, provided that such reappointment is made within a period of time no greater than the period of the employee’s previous employment and in no case more than two years after the date of the employee’s resignation and provided there is no reemployment list for that class.

ITEM 19. Amend rule 681—3.90(19A) as follows:

3.90(1) No change.

3.90(2) Duration of probation. A candidate An employee on original appointment or who is certified from an employment list and appointed to a permanent position reinstated or reemployed to a class not previously held will be on probation until the person completes six months of active service in the position to which appointed. If a probationary employee is not dismissed during this time, the person will, at the conclusion of the probationary period, have permanent status in that class. A period of temporary employment immediately preceding a permanent appointment to the same class may, at the request of the employing department, be counted as probationary service.

Employees Permanent employees who are promoted from one class to another, or who transfer out of class, or who demote will serve a period of probation for either three or of six months in the position to which appointed. If the employee is not dismissed during this time, the employee will, at the conclusion of the probationary period, have permanent status in the class. during which time they will retain all of their rights under the merit system except that of permanency in the new class. The duration of said probation shall be three months unless prior to the promotion the employee’s department head requests and receives approval of the resident director to provide a six–month probationary period, and so informs the employee. Employees who voluntarily demote out of a classification series will serve a period of probation for three months during which time they will retain all of their rights under the merit system except that of permanency in the new class.

3.90(3) Layoffs during probation. Certified employees Employees who are laid off without prejudice during their probationary period will, upon written request to the resident director, be returned to placed on the appropriate eligibility list from which they were certified.

3.90(4) Dismissal during probation. Certified employees who are rejected Employees on original appointment or who have been reinstated or reemployed and dismissed during their probationary period may be returned to the eligibility list from which they were appointed or placed on the reemployment list for a previously held classification in the case of a promotional probationary if, in the judgment of the resident director, they may be able to perform satisfactorily in another position. Employees who are promoted from one class to another or who transfer out of class or who demote out of class series and are dismissed during their probationary period may be placed on the reemployment list for a previously held classification if, in the judgment of the resident director, they may be able to perform satisfactorily in another position.

ITEM 20. Amend subrule 3.104(4) as follows:

3.104(4) Reduction in force. Nothing herein shall be construed as a guarantee of hours of work per day or per work period. An institution may lay off an employee when it deems necessary because of shortage of funds or work, a material change in duties or organization or abolishment of one or more positions. The individual whose position is eliminated or reduced in hours will be reassigned to a vacant position in the same classification provided the individual can perform the essential functions of the position and possesses any required special qualifications. If there is no vacant position to which the individual can be reassigned, When individual(s) directly affected is identified the individual(s) may request and accept layoff with reemployment rights as provided in 3.104(4)“j.” If an individual(s) directly affected does not request layoff with reemployment rights, the reduction in force procedures which follow shall be implemented. Reduction in force will be accomplished in a systematic manner and will be made in accordance with formula developed by the institution and reviewed and approved by the merit system director for its conformance to these rules; however, the layoff rules established in this subrule shall not apply to temporary layoffs of less than 20 workdays or 160 hours of work per calendar year:

a. Reduction in force will be made by class of position.

b. Reduction in force may be made by organizational unit within an institution or institutionwide, as designated by the institution, provided such designation is reported to the merit system director before the effective date of the reduction.

c. The order of reduction in force will be by type of appointment as follows: emergency, temporary, provisional, trainee, initial probationary, permanent.

d. Each permanent employee affected by a reduction in force will be notified in writing of the layoff and the reasons for it at least 20 working days prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice.

e. There will be competition among all employees in the class of position or positions affected by the layoff based on a retention points system that will consist of points for length of service and performance evaluation of all employees in the class within the organizational unit or units affected. Retention points will be calculated as follows:

(1) Length of service credit will be allowed at the rate of one point for each month of service. For the purpose of computing length of service credits, the institution will include all continuous periods of employment between the date of the original appointment and the date of layoff or as provided otherwise by law. Periods of leave without pay exceeding 30 days will not be counted. Approved leaves of absence without pay, suspensions and layoffs for periods exceeding 15 consecutive days will not be counted; however the periods of service immediately preceding and following such periods will be counted. An employee who is returned to duty following approved military service will have all such time counted as continuous service. When employees are off the payroll of the institution for more than 15 consecutive days for a reason other than an approved leave of absence, suspension, layoff or military service, the date that they return to duty will be considered the date of original appointment for purposes of computing retention points.

(2) Performance evaluation credit will be allowed at the rate of one point for each month of satisfactory service rated as satisfactory under a performance evaluation plan approved by the institutions and the merit system director. An additional point will be added for each month of service during which performance is rated one or more levels above satisfactory. No credit will be allowed for service rated less than satisfactory. No performance evaluations which are made less than three months prior to a reduction in force will be used in determining performance evaluation credits. In the absence of a performance evaluation review, service will be considered as satisfactory and one point will be given for each month thereof. If there is no record of performance evaluation for a specific time period, it shall be presumed that the employee’s performance is satisfactory.

(3) Length of service and performance evaluation points for service less than full–time will be prorated in accordance with the percent of fractional employment. Reduction in force retention points will be the total of length of service and performance evaluation points in accordance with the approved formula.

f. Employees will be placed on the layoff list beginning with the employee with the greatest number of retention points at top. Layoffs will be made from the list in reverse order unless the employee with the least retention points has special skills and abilities. Copies of the computation of retention points will be made available to affected employees. One copy will be retained by the resident director and one copy will be forwarded to the merit system director at least ten days prior to the effective date of the layoff.

g. When two or more employees have the same total of retention points, the order of termination will be determined by giving preference for retention to the employee who has the highest total earnings in the class of position affected by the layoff excluding pay for special assignment, overtime, call back, lead worker status, shift differential, and on–call with the longest time in the class.

h. The reduction in force formula plan approved by the merit system director will be posted made available by the resident director so that all employees will have access to it.

i. An affected employee may appeal a reduction in force by filing, within five days after notification as provided in paragraph “d” of this subrule, a written grievance with the resident director (at Step 3 of the grievance procedure provided in 3.129(19A) or at a comparable step of a procedure approved under 3.129(1)). If not satisfied with the decision rendered at that step, the employees may pursue their appeal in accordance with the grievance procedure.

j. A permanent employee in a class of position in which layoffs are to be effected may, in lieu of layoff, elect voluntary demotion to a position in the next lower class of position in the same series utilized at the institution, or, in the absence of a lower class in the same series, to a class of position which the employee has formerly occupied while in the continuous employment of the institution. The employee must possess any special qualifications required and have the ability to perform the essential functions of the position. Such demotion or the occupying of a formerly held position will not be permitted, however, if the result thereof would be to cause the layoff of a permanent employee with a greater combined total of retention points. To exercise the right of voluntary demotion or to occupy a formerly held position classification in lieu of layoff, the employee must notify the resident director in writing of such election not later than five calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions will have the right of election as provided herein.

Employees who are laid off or who accept voluntary demotion in a series or assignment to a previously held position in lieu of layoff will, at their request, have their names placed on the reemployment eligibility list(s) for the class from which they were laid off for a period of up to two years from the date of layoff, either the lower class(es) in the same series or a class formerly occupied in accordance with 3.67(19A) to 3.70(19A), or both.

ITEM 21. Amend subrules 3.116(1) to 3.116(4) as follows:

3.116(1) Suspension. A department head may, for cause in accordance with 3.115(19A), suspend any employee for such length of time as it the department head considers appropriate but not to exceed 10 days at any one time or 20 days in any 12–month period. The department head will inform the affected employee of the suspension and the reasons therefor in writing within 24 hours of the time the action is taken. A copy of the suspension will be sent by the department to the resident director and will be maintained in the employee’s personal personnel file. Employees may appeal the action directly to Step 2 of the grievance procedure specified in 3.129(19A) or to a comparable step in the grievance procedure approved in accordance with 3.129(1). If not satisfied with the decision rendered at that step, employees may pursue their appeal in accordance with the grievance procedure.

3.116(2) Reduction of pay within grade. A department head may, for cause in accordance with 3.115(19A), reduce the pay of an employee to a lower step rate of pay within the pay grade assigned to the class of position. The department head will notify the affected employee of the reduction, the reasons therefor and the duration thereof, in writing within 24 hours of the time the action is taken. A copy of the reduction notice will be sent by the department to the resident director and will be maintained in the employee’s personal personnel file. Employees may appeal the action directly to Step 2 of the grievance procedure specified in 3.129(19A) or a comparable step in a grievance procedure approved in accordance with 3.129(1). If not satisfied with the decision rendered at that step, the employees may pursue their appeal in accordance with the grievance procedure.

3.116(3) Demotion. A department head may, for cause in accordance with 3.115(19A), demote an employee to a vacant position in a lower class provided the employee meets the qualifications for that lower class. The department head will notify the affected employee of the demotion and the reasons therefor in writing within 24 hours of the time the action is taken. A copy of the notice of demotion will be sent by the department to the resident director and will be maintained in the employee’s personal personnel file. Employees may appeal the action directly to Step 2 of the grievance procedure specified in 3.129(19A) or a comparable step in a grievance procedure approved in accordance with 3.129(1). If not satisfied with the decision rendered at that step, the employees may pursue their appeal in accordance with the grievance procedure.

3.116(4) Discharge. A department head may, for cause in accordance with 3.115(19A), discharge any employee. The department head will notify the affected employee of thedischarge and reasons therefor in writing within 24 hours of the time the action is taken. A copy of the notice of discharge will be sent by the department to the resident director andwill be maintained in the employee’s personal personnel file. Employees may appeal the action directly to Step 2 of the grievance procedure specified in 3.129(19A) or a comparable step in a grievance procedure approved in accordance with 3.129(1). If not satisfied with the decision rendered at that step, employees may pursue their appeal in accordance with the grievance procedure.

ITEM 22. Amend rule 681—3.143(19A) as follows:

681—3.143(19A) Medically related disability Sick leave. Permanent and probationary employees will accrue medically related disability sick leave as provided by law and will be entitled to such leave on presentation of satisfactory evidence of medically related disability. Permanent part–time employees will accrue medically related disability sick leave in an amount equivalent to their fractional employment, and no employees will be granted medically related disability sick leave in excess of their accumulation.

An employee who is transferred, promoted or demoted from one position to another position under this system will not lose any accumulated medically related disability sick leave as a result thereof.

Permanent employees who are still incapacitated have recovered after exhausting all accumulated medically related disability sick leave and vacation time and have medical release to return to work will, at their request, be placed on the reemployment lists for the class of position they previously occupied and on reemployment lists for lower level classes for which qualified, when employees are able and qualified to return to work. Such employee acceptance of reemployment in a lower class will not affect their the employee’s standing on the reemployment list for the class that the employee formerly occupied.

ITEM 23. Amend rule 681—3.144(19A) as follows:

681—3.144(19A) Military leave. Permanent and probationary employees will be granted military leave as provided by law, with pay not to exceed 30 calendar days in any 12–month period a calendar year.

ITEM 24. Amend rules 681—3.147(19A) and 681— 3.148(19A) as follows:

681—3.147(19A) Voting leave. Any If an employee’s working hours do not allow a three–hour period outside of working hours during which the polls are open, any person entitled to vote in a public election is entitled to time off from work with pay on any public election day for a period not to exceed two hours in length. Application for time off for voting should be made to the employee’s supervisor prior to election day. The time to be taken off may be designated by the supervisor. Time off for voting may be granted only if the employee’s working hours do not allow a three–hour period outside of working hours during which the polls are open.

681—3.148(19A) Emergency and funeral leave. An employing department will, when satisfied by evidence presented, grant an employee time off with pay:

1. Not to exceed three days for each occurrence in the case of death in the employee’s immediate family.

2. Not to exceed one day for each occurrence for service as a pallbearer at the funeral of a person not a member of the employee’s immediate family; and

3. Not to exceed five days a year for the temporary emergency care of ill or injured members of the employee’s immediate family for the time necessary to permit the employee to make other arrangements.

All such time off will be charged to the employee’s accrued medically related disability sick leave and will not be granted in excess of the employee’s accrued leave. For the purpose of this rule, immediate family is defined as and limited to spouse, children (and their spouses), parents, grandparents, grandchildren, foster children (and their spouses), brothers (and their spouses), sisters (and their spouses) of the employee or spouse; aunts and uncles of the employee; or other relatives residing in the employee’s immediate household the employee’s spouse, children, grandchildren, foster children, stepchildren, legal wards, parents, grandparents, foster parents, stepparents, brothers, foster brothers, stepbrothers, sons–in–law, brothers–in–law, sisters, foster sisters, stepsisters, daughters–in–law, sisters–in–law, aunts, uncles, nieces, nephews, first cousins, corresponding relatives of the employee’s spouse, and other persons who are members of the employee’s household.

Pursuant to the authority of Iowa Code section 161A.4(1), the Division of Soil Conservation gives Notice of Intended Action to amend Chapter 10, “Iowa Financial Incentive Program for Soil Erosion Control,” Iowa Administrative Code.

These proposed amendments allow soil and water conservation districts to utilize other public funds in combination with state cost–share funds. These amendments also establish two new permanent practices, tree planting and conservation cover.

Any interested person may make written suggestions or comments on these proposed amendments prior to 4:30 p.m. on April 24, 2002. Such written material should be directed to William McGill or Kenneth Tow, Division of Soil Conservation, Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319. Comments may also be submitted by fax to (515)281–6170 or sent by E–mail to Ken.Tow@idals.state.ia.us.

A public hearing will be held on Wednesday, April 24, 2002, at 10 a.m. in the south half of the Second Floor Conference Room of the Wallace State Office Building, East Ninth and Grand Avenue, Des Moines, Iowa. Comments at the hearing may be presented either orally or in writing.

These amendments are intended to implement Iowa Code chapter 161A.

The following amendments are proposed.

ITEM 1. Amend subrule 10.41(9) as follows:

10.41(9) Funds distributed to annual programs and provided to districts may be used in combination with other public funds on grade stabilization structures permanent practices, in accordance with the following:

a. The maximum cost–share rate realized by the landowner shall not exceed 75 percent when state cost–share funds appropriated to the division and districts are utilized in combination with other public funds.

b. Funds utilized by districts in conjunction with such projects shall come from the district’s regular allocation.

d c. The recipient will be required to sign an a maintenance agreement as stated in subrule 10.74(5).

ITEM 2. Amend subrule 10.60(1) as follows:

10.60(1) Voluntary.

a. The state will cost–share 50 percent of the cost certified by the certifying technician as being reasonable, proper, and incurred by the applicant in voluntarily installing approved, permanent soil conservation practices, except for tree planting. Eligible costs include machine hire or use of the applicant’s equipment, needed materials delivered to and used at the site, and labor required to install the practice.

b c. For currently funded fiscal years, the division will make one–time payments of up to $10 per acre for no–tillage, ridge–till and strip–till; $6 per acre for contouring; and 50 percent of the cost up to $25 per acre for strip–cropping, field borders and filter strips.

c d. Funding for the restoration of permanent practices damaged or destroyed because of a disaster (see 10.41(1)) does not have to be allocated on a cost–share basis.

ITEM 3. Amend subrule 10.82(3) by adopting new paragraphs “l” and “m” as follows:

l. Conservation cover. An established and maintained permanent vegetation cover on land.

m. Tree planting. The establishment of a stand of trees for timber producing and environmental improvement. The minimum eligible area is three acres.

ITEM 4. Amend rule 27—10.84(161A,312), introductory paragraph, as follows:

27—10.84(161A,312) Specifications. These specifications and the general conditions, rule 27—10.81(161A,312), shall be met in all cases. In each specification the listed USDA–Natural Resources Conservation Service specification in force on the date indicated in these rules or the Department of Natural Resources Forestry Technical Guide shall be used. To the extent of any inconsistency between the general conditions and the specifications, the general conditions shall control.

ITEM 5. Amend rule 27—10.84(161A,312) by adopting the following new subrules:

10.84(20) Conservation cover. USDA–NRCS–IOWA, Field Office Technical Guide, Section IV, Code No. 327, May 2001.

10.84(21) Tree planting. Department of natural resources’s Forestry Technical Guide.

Pursuant to the authority of Iowa Code section 239B.4 and 2002 Iowa Acts, House File 2340, the Department of Human Services hereby amends Chapter 41, “Granting Assistance,” and Chapter 93, “PROMISE JOBS Program,” appearing in the Iowa Administrative Code.

These amendments eliminate “well–being” visits currently required for families whose Family Investment Program (FIP) assistance has been canceled as a result of a participant’s choosing the limited benefit plan for the second time. 2002 Iowa Acts, House File 2340, terminates the Department’s contract with the Department of Public Health for providing visits by qualified social service professionals. The legislation provides that the Department may conduct these visits only if funding is available. The Department no longer has the resources to support the cost of these visits.

These amendments do not provide for waivers in specified situations because a requirement is being eliminated and because of budget constraints.

The Department of Human Services finds that notice and public participation are impracticable and contrary to the public interest at this time. The Department is statutorily and constitutionally required to reduce spending obligations to the level of constitutionally authorized appropriations. Therefore, these amendments are filed pursuant to Iowa Code section 17A.4(2).

The Department finds that these amendments remove a restriction on former FIP participants and are required by statute to be implemented by emergency rules. Therefore, these amendments are filed pursuant to Iowa Code section 17A.5(2)“b”(2).

The Department also finds, pursuant to Iowa Code section 17A.5(2)“b”(1), that the normal effective date of these amendments should be waived and these amendments made effective April 1, 2002, as authorized by 2002 Iowa Acts, House File 2340, section 3.

These amendments are also published herein under Notice of Intended Action as ARC 1504B to allow for public comment.

The Council on Human Services adopted these amendments March 13, 2002.

These amendments are intended to implement Iowa Code section 239B.9.

These amendments became effective April 1, 2002.

The following amendments are adopted.

ITEM 1. Amend subrule 41.24(8) by rescinding and reserving paragraph “e.”

ITEM 2. Amend subrule 93.138(3) by rescinding and reserving paragraph “f.”

ITEM 3. Rescind and reserve subrule 93.138(4).

[Filed Emergency 3/14/02, effective 4/1/02]

[Published 4/3/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/3/02.

Pursuant to the authority of Iowa Code section 217.6, the Department of Human Services hereby amends Chapter 61, “Refugee Services Program,” Iowa Administrative Code.

These amendments establish a pilot services program through September 30, 2003, to make recredentialing services available for refugees who have graduated from a foreign school as registered nurses or licensed practical nurses. Eligible applicants may receive:

• Employability services from the Bureau of Refugee Services.

• Practical assistance in securing documents and services needed to achieve evaluation of credentials earned outside the United States through appropriate United States professional credentials–evaluation organizations.

• Payment of the initial fee for services of professional credentials–evaluation organizations.

• Payment for education or training services to enable participants to achieve Iowa certification or licensure, to a maximum of $5,000 per eligible refugee.

These amendments also clarify the relationship between the Department’s Bureau of Refugee Services and counties awarded targeted assistance grant funding from the U.S. Department of Health and Human Services (HHS). HHS awards targeted assistance grants from formula allocation funds for assistance to counties where a specific need for supplementation of available resources for refugee services can be demonstrated. Factors considered include unusually large refugee populations (including secondary migration), high refugee concentrations, and high use of public assistance by refugees.

Polk County is currently the only county in Iowa eligible for these funds. The amount of the most recent Polk County grant is $467,000. Polk County supervisors have chosen to have the Bureau of Refugee Services administer the grant.

Federal regulations require targeted assistance grants to be used for employment–related services. The past and current Polk County targeted assistance grants have been used to fund services and training that are allowable under the Bureau’s rules. Current funding is used for:

• Two job development/job placement specialists.

• One medical translation specialist.

• Sudanese Women’s Employment Preparation Project.

• Certified nursing assistant training.

• English as a second language classes.

• Mental health services.

• Truck driving training.

• Driver’s license classes.

• Pilot recredentialing services for foreign–trained nurses.

The rule for the pilot recredentialing services for foreign–trained nurses is adopted because of the limited and unique nature of the pilot program.

The Council on Human Services adopted these amendments March 13, 2002. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1330B.

The Department received no comments on these amendments. The amendments are identical to those published under Notice of Intended Action.

These amendments do not provide for waivers in specified situations because these amendments either confer a benefit or clarify administration of targeted assistance grants. Individuals may request a waiver of eligibility conditions under the Department’s general rule on exceptions at rule 441— 1.8(17A,217).

The Department finds that these amendments confer a benefit to refugees who need this service. Therefore, these amendments are filed pursuant to Iowa Code section 17A.5(2)“b”(2).

These amendments are intended to implement Iowa Code section 217.6.

These amendments became effective April 1, 2002.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [61.16, 61.17] is being omitted. These amendments are identical to those published under Notice as ARC 1330B, IAB 2/6/02.

[Filed Emergency After Notice 3/13/02, effective 4/1/02]
[Published 4/3/02]

[For replacement pages for IAC, see IAC Supplement 4/3/02.]

Pursuant to the authority of Iowa Code section 47.1, the Secretary of State hereby adopts an amendment to Chapter 21, “Election Forms and Instructions,” Iowa Administrative Code.

New rule 21.602(43) provides a process for determining whether some political party write–in candidates have enough votes to be nominated at the primary election. The Code of Iowa requires a minimum level of support for candidates to be nominated at the primary election. For offices in which there are candidates’ names printed on the ballot, a winning candidate must receive at least 35 percent of the votes cast at the primary election. For offices in which there are no candidates’ names printed on the primary election ballot, the Iowa Code requires a minimum of 35 percent of the number of votes cast for that office the last time the party had candidates on the ballot in the primary election. There are also formulas for determining the minimum number of write–in votes for candidates for township offices, and for candidates for the Iowa House and Senate, even if there were no candidates for a given political party in previous primary elections. However, there is no guidance for other offices when a political party had no candidates on the ballot in any previous primary election, as is the case with a new political party.

This year the Iowa Green Party will appear on the primary election ballot for the first time. This new rule sets the minimum number of write–in votes needed for nomination to an office not already covered in the Iowa Code at 35 percent of the number of votes cast in the county or district for the party’s candidate for president or for governor, as the case may be, in the preceding general election. This office appears on the ballot in all precincts and thus will provide a basis for calculation for all other offices.

In compliance with Iowa Code section 17A.4(2), the agency finds that notice and public participation are unnecessary. The rule uses the only election results available in each county of the state as the source for calculation of primary election winners. The leadership of each of the three political parties has been consulted and agrees with the proc–ess included in this new rule.

Pursuant to Iowa Code section 17A.5(2)“b”(2) and (3), this new rule shall become effective upon filing with the Administrative Rules Coordinator. The Secretary of State finds that this amendment confers a benefit upon the public by providing a necessary procedure for determining whether candidates have received enough write–in votes for nomination at the primary election. Copies of the proposed rule have been distributed to all political parties for their comments. Only supportive comments have been received.

This rule became effective March 15, 2002.

This rule is intended to implement Iowa Code section 43.66.

The following new rule is adopted.

21.602(1) The process described in subrule 21.602(2) shall be used to determine whether the primary election is conclusive and a candidate was nominated for partisan offices that are:

a. Not mentioned in Iowa Code section 43.53 (township offices) or 43.66 (state representative and state senator), and

b. For which no candidate’s name was printed on the primary election ballot, and

c. For which no candidate’s name was printed on the primary election ballot in any previous primary election.

21.602(2) To be nominated by write–in votes, the person must receive at least 35 percent of the number of votes cast in the previous general election for that party’s candidate for president of the United States or for governor, as the case may be, as follows:

a. Statewide office: 35 percent of votes cast statewide.

b. Congressional district: 35 percent of votes cast within the current boundaries of the Congressional district.

c. County office, including plan II supervisors: 35 percent of the votes cast within the county.

d. Plan III county supervisor: 35 percent of the votes cast within the supervisor district. If the boundaries of the supervisor district have changed since the previous general election, the number of votes cast within the county for the party candidate for president or for governor, as the case may be, shall be divided by the number of supervisor districts in the county; then the quotient shall be multiplied by 0.35.

21.602(3) If a write–in candidate is declared nominated at the canvass of votes, Iowa Code section 43.67, which requires the appropriate election commissioner to notify the candidate, shall apply.

This rule is intended to implement Iowa Code section 43.66.

[Filed Emergency 3/15/02, effective 3/15/02]

[Published 4/3/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/3/02.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby adopts amendments to Chapter 68, “Conservation Education,” Iowa Administrative Code.

These amendments update the Department’s administration of the conservation education program established in Iowa Code section 256.34. These rules were last amended in 1991. A regulatory review of this chapter by the Conservation Education Board found that several areas in the chapter required updating.

Notice of Intended Action for these amendments was published in the Iowa Administrative Bulletin on December 26, 2001, as ARC 1194B.

A public hearing was held on January 15, 2002. Two written informational inquires were received. One change was made from the Notice of Intended Action due to the incorporation by reference of the program guidelines. The introductory paragraph of rule 68.8(256) now reads as follows:

“281—68.8(256) Criteria. Preference will be given, in formal and informal education programs, to materials capable of being infused in multiple curricular areas. Also, preference will be given to projects that encourage conservation stewardship. Proposals shall include, but not be limited to, the following types of information that can be found in the REAP/conservation education program applications and procedures manual.”

These amendments are intended to implement Iowa Code section 256.34.

These amendments will become effective May 8, 2002.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [68.1 to 68.4, 68.6(2), 68.6(3), 68.8, 68.9(1) to 68.9(3), 68.10, 68.11] is being omitted. With the exception of the change noted above, these amendments are identical to those published under Notice as ARC 1194B, IAB 12/26/01.

[Filed 3/15/02, effective 5/8/02]
[Published 4/3/02]

[For replacement pages for IAC, see IAC Supplement 4/3/02.]

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby rescinds Chapter 77, “Standards for Practitioner Preparation Programs,” Iowa Administrative Code.

The requirements of this chapter were incorporated into 281—Chapter 79, “Standards for Practitioner and Administrator Preparation Programs,” in November 1999.

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

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1366B. No public hearing was held. This amendment is identical to the Notice, as published.

This amendment will become effective May 8, 2002.

This amendment is intended to implement Iowa Code sections 256.7, 256.16 and 272.25(1).

The following amendment is adopted.

Rescind and reserve 281—Chapter 77.

[Filed 3/15/02, effective 5/8/02]

[Published 4/3/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/3/02.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby rescinds Chapter 78, “Standards for Graduate Practitioner Preparation Programs,” Iowa Administrative Code.

The requirements of this chapter were incorporated into 281—Chapter 79, “Standards for Practitioner and Administrator Preparation Programs,” in November 1999.

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

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1367B. No public hearing was held. This amendment is identical to the Notice, as published.

This amendment will become effective May 8, 2002.

This amendment is intended to implement Iowa Code sections 256.7, 256.16 and 272.25(1).

The following amendment is adopted.

Rescind and reserve 281—Chapter 78.

[Filed 3/15/02, effective 5/8/02]

[Published 4/3/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/3/02.

Pursuant to the authority of Iowa Code sections 17A.3, 34A.6, and 34A.22, the Emergency Management Division hereby amends Chapter 10, “Enhanced 911 Telephone Systems,” Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1347B. No public comment was received on these amendments. These amendments are identical to the amendments published under Notice of Intended Action.

These amendments to the current rules and the Wireless Enhanced 911 Implementation and Operation Plan provide more definitive eligible cost guidelines for Public Safety Answering Points and further clarify the process that the Public Safety Answering Points use to recover these eligible costs from the Wireless E911 Emergency Communications Fund. Additionally, a new subrule addresses how the Division will recover overpayment of funds. Finally, the administrative hearing process in 605—10.15(34A) is amended.

These amendments were adopted by the Emergency Management Division on March 14, 2002.

These amendments shall become effective May 8, 2002.

These amendments are intended to implement Iowa Code chapter 34A.

The following amendments are adopted.

ITEM 1. Amend subrule 10.7(2) as follows:

10.7(2) Adoption by reference. The “Wireless Enhanced 911 Implementation and Operation Plan,” effective February 1, 2000, and available from the Emergency Management Division, Hoover State Office Building, Des Moines, Iowa, or at the Law Library in the Capitol Building, Des Moines, Iowa, is hereby adopted by reference with the following changes effective May 8, 2002: Section F, provide further clarification of eligible costs for public safety answering points and the Iowa department of public safety; Section G, provide further specification on the surplus payment process for local E911 service boards and the Iowa department of public safety; Attachment A, ensure that the application for surplus payments contains the language contained in Section G.

ITEM 2. Amend subrule 10.9(8) as follows:

10.9(8) The department of public safety or a joint E911 service board, to receive funds from the E911 emergency communications funds, must shall submit a an annual written request for such funds to the E911 program manager in a form as approved by the E911 program manager. This approved application form is contained in the “Wireless Enhanced 911 Implementation and Operation Plan.” This application form is due on May 15 or the next business day.

ITEM 3. Amend rule 605—10.9(34A) by adopting the following new subrule:

10.9(11) If it is found that an overpayment has been made to an entity, the E911 program manager shall attempt recovery of the debt from the entity by certified letter. Due diligence shall be documented and retained at the emergency management division. If resolution of the debt does not occur and the debt is at least $50, the emergency management division will then utilize the income offset program through the department of revenue and finance. Until resolution of the debt has occurred, the emergency management division may withhold future payments to the entity.

ITEM 4. Amend subrules 10.15(2) to 10.15(6) as follows:

10.15(2) Request for a hearing shall be made in writing to the E911 program manager emergency management division administration bureau chief within 30 days of the administrator’s E911 program manager’s mailing or serving a decision and shall state the reason(s) for the request and shall be signed by the appropriate authority.

10.15(3) The E911 program manager administration bureau chief shall schedule a hearing within ten working days of receipt of the request for hearing. The E911 program manager administration bureau chief shall preside over the hearing, at which time the appellant may present any evidence, documentation, or other information regarding the matter in dispute.

10.15(4) The E911 program manager administration bureau chief shall issue a ruling regarding the matter within 20 working days of the hearing.

10.15(5) Any party adversely affected by the E911 program manager’s administration bureau chief’s ruling may file a written request for a rehearing within 20 days of issuance of the ruling. A rehearing will be conducted only when additional evidence is available, the evidence is material to the case, and good cause existed for the failure to pre–sent the evidence at the initial hearing. The E911 program manager administration bureau chief will schedule a hearing within 20 days after the receipt of the written request. The E911 program manager administration bureau chief shall issue a ruling regarding the matter within 20 working days of the hearing.

10.15(6) Any party adversely affected by the E911 program manager’s administration bureau chief’s ruling may file a written appeal to the administrator of the emergency management division. The appeal request shall contain information identifying the appealing party, the ruling being appealed, specific findings or conclusions to which exception is taken, the relief sought, and the grounds for relief. The administrator shall issue a ruling regarding the matter within 90 days of the hearing. The administrator’s ruling constitutes final agency action for purposes of judicial review.

[Filed 3/14/02, effective 5/8/02]

[Published 4/3/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/3/02.

Pursuant to the authority of Iowa Code sections 7A.30 and 18.4, the Department of General Services hereby amends Chapter 10, “Inventory Guidelines for State of Iowa Personal and Real Property,” Iowa Administrative Code.

These amendments incorporate standards set by the federal Office of Management and Budget (OMB) Circular A87, Attachment B, 19a(2). Agencies will be required to report fewer fixed assets for the statewide Comprehensive Annual Financial Report (CAFR). Fixed assets valued at less than $5000 will not have to be reported. The former limit was $2000. Agreement on this change was reached by the Governmental Accounting Standards Board Statement 34 (GASB34) implementation committee, which included other agencies and the State Auditor. GASB34 requires that capitalized assets be depreciated. When the OMB Circular changes in the future, the Department will work with the Department of Revenue and Finance to initiate a review of this policy. Agencies may choose to report fixed assets at a more restrictive level. The rule change also requires that the straight–line depreciation method be used.

Notice of Intended Action for these amendments was published in the January 9, 2002, Iowa Administrative Bulletin as ARC 1280B. A public hearing was held on January 31, 2002. No comments were received. These amendments are identical to the ones published under Notice of Intended Action.

These amendments are intended to implement Iowa Code section 7A.30.

These amendments will become effective May 8, 2002.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [10.2, 10.3, 10.6] is being omitted. These amendments are identical to those published under Notice as ARC 1280B, IAB 1/9/02.

[Filed 3/15/02, effective 5/8/02]
[Published 4/3/02]

[For replacement pages for IAC, see IAC Supplement 4/3/02.]

Pursuant to the authority of Iowa Code section 217.6, the Department of Human Services hereby amends Chapter 61, “Refugee Services Program,” Iowa Administrative Code.

The Bureau of Refugee Services has been limited to providing services to persons in the first 60 months of resettlement. The Department has received a letter from the Office of Refugee Resettlement of the Administration for Children and Families waiving the 60–month limit on social services, effective with the receipt of the letter and for the remainder of federal fiscal year 2002 (until September 30, 2002).

This waiver includes all services authorized by the governing federal regulations, 45 CFR Part 400, except 45 CFR 400.155(h), which refers to “any additional service, upon submission to and approved by the director of the Officeof Refugee Resettlement, aimed at strengthening and supporting the ability of a refugee individual, family, orrefugee community to achieve and maintain economic self–sufficiency, family stability, or community integration, that has been demonstrated as effective and that is not available from any other funding source.”

This amendment revises policy governing refugee services to allow services to be provided past the first 60 months of resettlement if the Office of Refugee Resettlement grants an exception to the 60–month limit.

This amendment does not provide for waivers in specified situations because the amendment confers a benefit on those affected.

The Council on Human Services adopted this amendment March 13, 2002.

This amendment was previously Adopted and Filed Emergency and published in the February 6, 2002, Iowa Administrative Bulletin as ARC 1329B. Notice of Intended Action to solicit comments on that submission was published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1328B. The Department received no comments on this amendment. The amendment is identical to that published under Notice of Intended Action.

This amendment is intended to implement Iowa Code section 217.6 and chapter 622A.

This amendment shall become effective on June 1, 2002, at which time the Adopted and Filed Emergency amendment is hereby rescinded.

The following amendment is adopted.

Amend subrule 61.6(2) as follows:

61.6(2) Limitations on eligibility. Services as described in rule 441—61.5(217) may be provided in the first 60 months of resettlement unless the Office of Refugee Resettlement grants an exception to the 60–month limit. Referral, interpretation, citizenship, and naturalization services may be provided to the extent feasible past 60 months of resettlement for refugees, except that refugees who are receiving employability services, as defined in 441—subrule 61.5(11), as part of an employability plan, as of September 30, 1995, may continue to receive those services through September 30, 1996, or until the services are completed, whichever occurs first, regardless of their length of residence in the United States. In any case, services shall first be provided for those refugees who are in the first two years of resettlement and who are in need of assistance in securing self–sufficiency.

[Filed 3/13/02, effective 6/1/02]

[Published 4/3/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/3/02.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends Chapter 75, “Conditions of Eligibility,” appearing in the Iowa Administrative Code.

This amendment changes premium payment policy and procedures for coverage under the Medicaid for employed people with disabilities (MEPD) group. Because this is the only Medicaid coverage group that provides for a premium to be assessed, a billing system had to be developed based on rules for billing and collection of premiums.

Programming is required in three separate but interrelated computer systems to issue Medicaid benefits for this group: the Automated Benefit Calculation system for determination of eligibility, the SSNI system to issue a Medical Assistance Eligibility Card, and a billing system to issue a billing statement.

Under current policy, the approval month’s and all back months’ premiums are due within 60 days of the date billed. Premiums for the two months following the month of approval are due the fourteenth day of the month following the month of approval. Each subsequent month’s premium is due the fourteenth day of the month before the month the premium is to cover. A client may choose to pay or not to pay any premiums due during or after the month of coverage, without loss of ongoing eligibility. A client may also designate the month a payment is to cover.

After implementation of this coverage group, the Department encountered significant problems running the billing system. The Department has determined that current policy relating to premiums cannot be programmed in all systems in a way that allows the billing system to operate without regular manual intervention. There is no way to correct the system problems without changing premium policy. Policy staff and systems staff worked together to develop rules on premiums that could reasonably be programmed into the three interrelated systems.

Under this amendment, premiums will ordinarily be due on the fourteenth day of the month the premium is to cover. The premium for the month when the case is approved is due on the fourteenth day of the following month. Premiums for the months before the month of billing will be due the fourteenth day of the third month following the month of billing. The Department will apply premium payments in a specified order:

1. To the current calendar month in which the payment is received if the premium for the current calendar month is unpaid.

2. To the following month if payment is received in the last five working days of the month and the premium for the following month is unpaid.

3. To prior months when full payment has not been received. Payments will be applied beginning with the most recent unpaid month before the current calendar month, then the oldest unpaid prior month and forward until all prior months have been paid.

4. When premiums for all months above have been paid, any excess shall be held and applied to any months for which eligibility is subsequently established, as specified in paragraphs “1,” “2,” and “3” above, and then to future months when a premium becomes due.

As ongoing payments will be due in the month they are to cover, the option to pay or not to pay premiums without loss of ongoing eligibility is limited to premiums due after the month they are to cover. Clients will no longer be able to designate the month a payment is to cover.

The Council on Human Services adopted this amendment on March 13, 2002. Notice of Intended Action regarding this amendment was published in the Iowa Administrative Bulletin on January 23, 2002, as ARC 1299B. No one attended the public hearings on this amendment or submitted comments. This amendment is identical to that published under Notice of Intended Action.

This amendment does not provide for waivers in specific situations because all recipients should be subject to the same premium payment policies.

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

This amendment shall become effective June 1, 2002.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of this amendment [75.1(39)“b”] is being omitted. This amendment is identical to that published under Notice as ARC 1299B, IAB 1/23/02.

[Filed 3/13/02, effective 6/1/02]
[Published 4/3/02]

[For replacement pages for IAC, see IAC Supplement 4/3/02.]

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends Chapter 75, “Conditions of Eligibility,” appearing in the Iowa Administrative Code.

These amendments make the following changes to policy governing Medicaid eligibility that were identified while the Department was completing the rule assessment mandated by Executive Order Number 8. These amendments:

• Change the terms “women,” “woman,” and “her” to the gender–neutral terms “people,” “person,” and “the person” in the description of the coverage group for people who have been screened and found to need treatment for breast or cervical cancer. This is consistent with the language of the federal Social Security Act, which does not limit the coverage group to women. At the present time, only women are being screened for breast or cervical cancer under the Centers for Disease Control and Prevention Breast and Cervical Cancer Early Detection Program established under Title XV of the Public Health Service Act, as required for eligibility under this coverage group. However, it has come to the Department’s attention that men can also get breast cancer.

• Remove the word “contributions” from the list of examples of the types of benefits for which a person applying for or receiving Medicaid must also apply. A constituent group commented that it knew of no benefit for which a person could apply that would be defined as a contribution.

• Lengthen the time period from five working days to ten calendar days within which an applicant or recipient must express an intent to apply or refuse to apply for other benefits. A constituent group commented that five working days was an unreasonably short time period. In February of 1999, the Department standardized, to the extent possible, the minimum time an applicant or recipient should be given in which to provide information necessary to determine initial or ongoing eligibility at ten calendar days. This policy was overlooked in that effort.

• Clarify that social security numbers are required as a condition of eligibility only for people for whom Medicaid is being requested. Social security numbers are not required for other people in the eligible group for whom Medicaid is not being requested.

• Clarify, in response to a comment from a constituent group, that references to the attorney general in the definition of “federal means–tested program” mean the United States Attorney General.

• Add the name of a social security office where the Program Operations Manual System is available. The name of this office was inadvertently omitted from the subrule when the rule was adopted.

• Clarify that pregnant women eligible for Medicaidin groups other than the Mothers and Children (MAC) group who are required to cooperate in establishing paternity and obtaining medical support will be automatically rede–termined eligible under MAC when they fail to cooperate. Pregnant women in the MAC group are exempt from cooperation. This change is being made in response to a State Medicaid Director letter issued by the Centers for Medicare

and Medicaid Services (CMS) dated December 19, 2000, and clarification from the Kansas City Regional CMS office.

• Clarify the intent to exempt as income only retroactive corrective payments issued by the Family Investment Program.

• Delete references to retrospective budgeting that were overlooked when monthly reporting was eliminated.

• Delete references to the X–PERT system.

• Update form numbers and names, organizational references, and Iowa Code references.

The Council on Human Services adopted these amendments on March 13, 2002. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on January 23, 2002, as ARC 1300B. The Department received no comments on these amendments.

Changes were made to the Notice of Intended Action to update addresses in subrules 75.4(1) and 75.13(2) to reflect Department restructuring, which eliminated the Division of Medical Services.

These amendments do not provide for waivers in specified situations because these amendments either confer a benefit or clarify existing language. Individuals may request a waiver of eligibility conditions under the Department’s general rule on exceptions at rule 441—1.8(17A,217).

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

These amendments shall become effective June 1, 2002.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to Ch 75] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 1300B, IAB 1/23/02.

[Filed 3/13/02, effective 6/1/02]
[Published 4/3/02]

[For replacement pages for IAC, see IAC Supplement 4/3/02.]

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

These amendments allow advanced registered nurse practitioners with psychiatric certification to enroll as Iowa Medicaid independent providers for covered services.

Psychiatric nurse practitioners are already able to be credentialed as independent practitioners by the Iowa Plan for Behavioral Health (i.e., “Iowa Plan”) for the provision of services allowed under their scope of practice for Iowa Medicaid recipients enrolled in the Iowa Plan. The addition of this independent status will have little or no impact upon the Medicaid population as a whole because, relative to mental and behavioral health services, most Medicaid recipients are enrolled in the Iowa Plan. Medicaid recipients who would benefit from this change would be those not covered under the Iowa Plan: (1) dual coverage recipients (i.e., those covered by both Medicare and Medicaid) so that their “crossover” claims from the Medicare program would be payable by Medicaid, where applicable; and (2) recipients in the Medically Needy with spenddown eligibility category.

It is not expected that there would be a significant or discernable dollar impact related to this change. Although Iowa Medicaid would now be able to pay Medicare crossover claims currently not being paid for services rendered by these providers, the amount is not anticipated to be significant. For other services rendered by these providers under fee–for–service Medicaid, there would be an offset, to the extent that services rendered by advanced registered nurse practitioners are payable at 85 percent of physician rates. Therefore, any increase in the claims volume would be offset by these savings.

The Council on Human Services adopted these amendments March 13, 2002. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on January 23, 2002, as ARC 1301B.

In response to comments from the Iowa Board of Nursing and the Iowa Nurses’ Association, the Department has decided to change the name of this provider group to “independently practicing advanced registered nurse practitioner certified in family, pediatric, or psychiatric mental health specialties.” This change affects every item in the Notice of Intended Action.

Also, Item 9 from the Notice of Intended Action has not been adopted due to changes made in ARC 1427B, which require Form HCFA–1500 as the claim form for all Medicaid providers except as noted. Therefore, a specific reference toindependently practicing nurse practitioners’ use of Form HCFA–1500 is no longer necessary.

These amendments do not provide for waivers in specified situations because they confer a benefit by allowing this provider group to provide treatment to their patients by allowing independent participation in Iowa Medicaid.

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

These amendments shall become effective on June 1, 2002.

The following amendments are adopted.

ITEM 1. Amend rule 441—77.36(249A) as follows:

441—77.36(249A) Family or pediatric Advanced registered nurse practitioner certified in family, pediatric, or psychiatric mental health specialties. Advanced registered nurse practitioners are eligible to participate in the Medicaid program if they are duly licensed and registered by the state of Iowa and they possess evidence of certification as a certified family an advanced registered nurse practitioner or certified pediatric nurse practitioner as set forth in certified in family, pediatric, or psychiatric mental health specialties pursuant to board of nursing rules 655—Chapter 7.

Advanced registered nurse practitioners in other states another state shall be eligible to participate if they are duly licensed and registered in that state and are certified as a family advanced registered nurse practitioner or a pediatric nurse practitioner practitioners with certification in family, pediatric, or psychiatric mental health specialties.

Family or pediatric Advanced registered nurse practitioners certified in family, pediatric, or psychiatric mental health specialties who have been certified eligible to participate in Medicare shall be considered as having met the above–stated these guidelines.

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

ITEM 2. Amend subrule 78.1(21) as follows:

78.1(21) Utilization review. Utilization review shall be conducted of Medicaid recipients who access more than 24 outpatient visits in any 12–month period from physicians,; family or pediatric advanced registered nurse practitioners, certified in family, pediatric, or psychiatric mental health specialties; federally qualified health centers,; other clinics,; and emergency rooms. For the purposes of utilization review, the term “physician” does not include a psychiatrist. Refer to rule 441—76.9(249A) for further information concerning the recipient lock–in program.

ITEM 3. Amend subrule 78.21(1) as follows:

78.21(1) Utilization review. Utilization review shall be conducted of Medicaid recipients who access more than 24 outpatient visits in any 12–month period from physicians,; family or pediatric advanced registered nurse practitioners, certified in family, pediatric, or psychiatric mental health specialties; federally qualified health centers,; other clinics,; and emergency rooms. Refer to rule 441—76.9(249A) for further information concerning the recipient lock–in program.

ITEM 4. Amend rule 441—78.23(249A) as follows:

441—78.23(249A) Other clinic services. Payment will be made on a fee schedule basis to facilities not part of a hospital, funded publicly or by private contributions, which provide medically necessary treatment by or under the direct supervision of a physician or dentist to outpatients. Payment will be made for sterilization in accordance with 78.1(16).

Utilization review shall be conducted of Medicaid recipients who access more than 24 outpatient visits in any 12–month period from physicians,; family or pediatric advanced registered nurse practitioners, certified in family, pediatric, or psychiatric mental health specialties; federally qualified health centers,; other clinics,; and emergency rooms. Refer to rule 441—76.9(249A) for further information concerning the recipient lock–in program.

Risk assessments, using Form 470–2942, Medicaid Prenatal Risk Assessment, shall be completed twice during a Medicaid recipient’s pregnancy. If the risk assessment reflects a high–risk pregnancy, referral shall be made for enhanced services. See description of enhanced services at subrule 78.25(3).

Clinics which that wish to administer vaccines which are available through the vaccines for children program to Medicaid recipients shall enroll in the vaccines for children program. In lieu of payment, vaccines available through the vaccines for children program shall be accessed from the department of public health for Medicaid recipients. Clinics shall receive reimbursement for the administration of vaccines to Medicaid recipients.

ITEM 5. Amend subrule 78.31(5) as follows:

78.31(5) Services rendered by family or pediatric advanced registered nurse practitioners certified in family, pediatric, or psychiatric mental health specialties and employed by a hospital. Hospitals may be reimbursed for services rendered by family or pediatric advanced registered nurse practitioners certified in family, pediatric, or psychiatric mental health specialties who are employed by the hospital and providing services in a facility or other location that is owned by the hospital, but is not on or part of the hospital’s licensed premises, if reimbursement is not otherwise available for the services rendered by these employed nurse practitioners. As a condition of reimbursement, employed family or pediatric nurse practitioners rendering these services must enroll with the Medicaid program, receive a provider number, and designate the employing hospital to receive payment. Claims for services shall be submitted by the employed family or pediatric nurse practitioner. Payment shall be at the same fee–schedule rates as those in effect for independently practicing family or pediatric advanced registered nurse practitioners certified in family, pediatric, or psychiatric mental health specialties under 441—subrule 79.1(2).

ITEM 6. Amend rule 441—78.40(249A) as follows:

441—78.40(249A) Independently practicing family or pediatric advanced registered nurse practitioners certified in family, pediatric, or psychiatric mental health specialties. Payment shall be approved for services provided by independently practicing family or pediatric advanced registered nurse practitioners certified in family, pediatric, or psychiatric mental health specialties within their scope of practice, including advanced nursing and physician–delegated functions under a protocol with a collaborating physician, with the exception of services not payable to physicians under rule 441—78.1(249A).

Family or pediatric nurse Nurse practitioners are not considered to be independently practicing when they are auxiliary personnel of a physician as defined in 78.1(13)“b,” or when they are employees of a hospital or clinic. An established protocol between a physician and the family or pediatric nurse practitioner shall not cause a family or pediatric nurse practitioner to be considered auxiliary personnel of a physician, or an employee of a hospital or clinic. The family or pediatric nurse practitioner shall have promptly available the necessary equipment and personnel to handle emergencies.

Utilization review shall be conducted of Medicaid recipients who access more than 24 outpatient visits in any 12–month period from physicians,; family or pediatric advanced registered nurse practitioners, certified in family, pediatric, or psychiatric mental health specialties; other clinics,; and emergency rooms. Refer to rule 441—76.9(249A) for further information concerning the recipient lock–in program.

Independently practicing family or pediatric advanced registered nurse practitioners certified in family, pediatric, or psychiatric mental health specialties who wish to administer vaccines which are available through the vaccines for children program to Medicaid recipients shall enroll in the vaccines for children program. In lieu of payment, vaccines available through the vaccines for children program shall be accessed from the department of public health for Medicaid recipients. Independently practicing family or pediatric nurse practitioners shall receive reimbursement for the administration of vaccines to Medicaid recipients.

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

ITEM 7. Amend subrule 79.1(2), basis of reimbursement provider category “family or pediatric nurse practitioners,” as follows:

ITEM 8. Amend subrule 79.14(1), paragraph “b,” subparagraph (11), as follows:

(11) Family or pediatric Advanced registered nursepractitioners certified in family, pediatric, or psychiatric mental health specialties.

[Filed 3/13/02, effective 6/1/02]

[Published 4/3/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/3/02.

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

These amendments make the following changes to Medicaid policy governing optometric and optical services:

• Delete an unnecessary reference to billing codes in the provider manual.

• Combine single lens and multifocal lens services under one paragraph.

• Establish limits for dispensing new lenses:

1. Up to three times for children up to one year of age.

2. Up to four times per year for children one through three years of age.

3. Once every 12 months for children four through seven years of age.

4. Once every 24 months after eight years of age when there is a change in the prescription.

• Establish limits for dispensing new frames.

1. One frame every six months is allowed for children through three years of age.

2. One frame every 12 months is allowed for children four through six years of age.

3. When there is a prescribed lens change and the new lenses cannot be accommodated by the current frame.

Exceptions to policy are routinely approved for new frames for children who more quickly outgrow frames. It is cost–effective to provide new frames when the current frame cannot accommodate the new lenses.

• Clarify and expand coverage for protective lenses for:

1. Children through seven years of age.

2. Recipients with vision in only one eye.

3. Recipients with a diagnosis–related illness or disability where regular lenses would pose a safety risk.

Exceptions to policy are routinely approved for protective lenses for small children and recipients with a diagnosis–related illness or disability where regular lenses would pose a safety risk. Protective lenses were previously allowed for recipients with vision in only one eye.

• Allow safety frames for:

1. Children through seven years of age.

2. Recipients with a diagnosis–related disability or illness where regular frames would pose a safety risk.

Exceptions to policy are routinely approved for safety frames for small children and persons with a diagnosis–related disability or illness where regular frames would pose a safety risk.

• Provide that payment shall be made for replacement of glasses when the original glasses have been lost or damaged beyond repair. Replacement of lost or damaged glasses for adults aged 21 and over is limited to once every 12 months. The service utilization review process revealed abuse of replacement glasses. It is cost–effective to establish limits.

• Clarify that contact lenses are allowed for recipients with aphakia. Up to eight pairs of contact lenses are allowed for children up to one year of age with aphakia. Up to four pairs of contact lenses per year are allowed for children one to three years of age with aphakia. Small children with aphakia require more frequent lens correction.

• Require prior approval for a second lens correction within a 24–month period only for recipients eight years of age and older. Exceptions to policy are routinely approved for additional lens corrections for children. Accurate vision is critical during early childhood development through age seven.

• Clarify that safety frames are reimbursed by invoice. No fee schedule amount has been established for safety frames.

• Clarify that visual therapy is not covered when provided by opticians.

• Provide a cross–reference to the optometrist rules regarding payment and procedure for obtaining services and supplies in the optician rules rather than repeating the rules. The optician rules were outdated and inconsistent with covered optometric services. Opticians provide the same lens and frames services as optometrists. It is redundant to restate the coverage in a separate rule section.

• Correct cross–references to the prior authorization rule.

The Council on Human Services adopted these amendments on March 13, 2002. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on January 9, 2002, as ARC 1229B. The Department received no comments on these amendments. One change was made to the amendments published under Notice of Intended Action. In paragraph “h” of subrule 78.6(1), an exception for people with a mental or physical disability was added to the limits on replacement of lost or damaged glasses for adults. The paragraph now reads as follows:

“h. Repairs or replacement of frames, lenses or component parts. Payment shall be made for service in addition to materials. The service fee shall not exceed the dispensing fee for a replacement frame. Payment shall be made for replacement of glasses when the original glasses have been lost or damaged beyond repair. Replacement of lost or damaged glasses is limited to once every 12 months for adults aged 21 and over, except for people with a mental or physical disability.”

These amendments do not provide for waivers in specified situations because recipients may request a waiver of requirements for payment for optometric and optical services under the Department’s general rule on exceptions at rule 441—1.8(17A,217).

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

These amendments shall become effective on June 1, 2002.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [78.6, 78.6(1), 78.6(3) to 78.6(5), 78.7, 78.7(1) to 78.7(3), 78.28(3)] is being omitted. With the exception of the change noted above, these amendments are identical to those published under Notice as ARC 1229B, IAB 1/9/02.

[Filed 3/13/02, effective 6/1/02]
[Published 4/3/02]

[For replacement pages for IAC, see IAC Supplement 4/3/02.]