Administrative Code Bulletin: May 29, 2002

VOLUME XXIV NUMBER 24 May 29, 2002 Pages 1885 to 1956

CONTENTS IN THIS ISSUE

Pages 1898 to 1952 include ARC 1627B and ARC 1628B and ARC 1630B to ARC 1665B

AGENDA

Administrative rules review committee 1890

AGRICULTURE AND LAND STEWARDSHIP
DEPARTMENT[21]

Filed, Administrative structure of department,
1.1 to 1.7 ARC 1628B 1923

Filed, Procedures and penalties—antibiotics
found in raw milk for sale in commerce,
68.36 ARC 1627B 1923

ALL AGENCIES

Schedule for rule making 1888

Publication procedures 1889

Administrative rules on CD–ROM 1889

Agency identification numbers 1896

CITATION OF ADMINISTRATIVE RULES 1887

COLLEGE STUDENT AID COMMISSION[283]

EDUCATION DEPARTMENT[281]“umbrella”

Notice, License sanction program, ch 37
ARC 1649B 1898

DELAY

Environmental Protection Commission[567]
Beverage container deposits,
amendments to 107.1 to 107.15
Delay 1953

EDUCATIONAL EXAMINERS BOARD[282]

EDUCATION DEPARTMENT[281]“umbrella”

Notice, Superintendent endorsement—
experience requirements, 14.142(3)
ARC 1640B 1899

Notice, Teachers of the hearing–disabled and
visually disabled—competency–based
endorsements, 15.2(6), 15.2(7) ARC 1641B 1899

Notice, Evaluator license, 20.3, 20.9
ARC 1642B 1902

Filed, Teacher intern license; alternative
preparation license for out–of–state
candidates, 14.129, 14.130 ARC 1639B 1924

EDUCATION DEPARTMENT[281]

Notice, Supplementary weighting, 97.1, 97.2,
97.4, 97.5 ARC 1652B 1903

Filed, Standards for teacher intern preparation
programs, ch 77 ARC 1650B 1926

Filed, Teacher quality program, 83.1,
83.3, 83.4, 83.6 ARC 1651B 1926

ENVIRONMENTAL PROTECTION
COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]“umbrella”

Delay, Beverage container deposits,
amendments to 107.1 to 107.15 1953

HUMAN SERVICES DEPARTMENT[441]

Notice, Adjustments to state supplementary
assistance program, 51.4(1), 52.1
ARC 1647B 1905

Notice, Rehabilitation agencies—Medicaid
reimbursement changed from cost–based
system to fee schedule, 79.1(2), 79.1(21)
ARC 1648B 1905

Filed, Accreditation of providers of services to
persons with mental illness, mental retardation,
and developmental disabilities, ch 24
ARC 1644B 1928

Filed, Community mental health center
waiver request, 25.81 ARC 1645B 1942

Filed, FIP—elimination of well–being visits,
41.24(8)“e,” 93.138(3)“f,” 93.138(4)
ARC 1646B 1943

Filed Emergency, Adjustments to state
supplementary assistance program,
51.4(1), 52.1 ARC 1665B 1918

INFORMATION TECHNOLOGY
DEPARTMENT[471]

Filed Emergency, Acquisition of information
technology devices and services—correction,
13.5(2)“c” ARC 1662B 1919

NATURAL RESOURCE COMMISSION[571]

NATURAL RESOURCES DEPARTMENT[561]“umbrella”

Notice, Controlled waterfowl hunting, 53.2,
53.3 ARC 1656B 1906

NATURAL RESOURCE COMMISSION[571] (Cont’d)

Filed, Game management areas, 51.9
ARC 1657B 1943

Filed, Wild turkey fall hunting by residents,
99.9, 99.11(6) ARC 1655B 1944

Filed Emergency, Wildlife importation and
transportation, ch 104 ARC 1664B 1919

Filed, Deer hunting by residents, 106.1(5),
106.2(4), 106.5(2), 106.6 to 106.8,
106.10(1), 106.11 ARC 1653B 1945

PERSONNEL DEPARTMENT[581]

Filed, IPERS—benefits advisory committee,
21.33 ARC 1643B 1948

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]“umbrella”

Notice, Barbers, ch 20, 26.1(4) ARC 1636B 1906

Notice, Cosmetology, 60.2(1), ch 63
ARC 1660B 1908

Notice, Practice of respiratory care practitioners,
ch 265 ARC 1637B 1910

Filed, Administrative and regulatory authority
for the board of cosmetology arts and sciences
examiners, ch 59 ARC 1638B 1948

Filed, Hearing aid dispensers, chs 120, 121;
122.6, 122.9, 122.10; chs 124, 125
ARC 1635B 1949

Filed, Administrative and regulatory authority
for the board of psychology examiners, ch 239
ARC 1658B 1950

Filed, Speech pathologists and audiologists,
ch 299; 300.1; rescind ch 301; 303.2(1)
ARC 1659B 1951

PUBLIC HEALTH DEPARTMENT[641]

Notice, Family planning services, 74.1, 74.2,
74.4 to 74.10, 74.12(1) ARC 1632B 1911

Notice, Biological agent risk assessment, ch 112
ARC 1654B 1913

Notice, EMS training grants; EMS fund grants;
EMS system development grants fund, rescind
chs 130, 140; adopt ch 140 ARC 1631B 1915

Filed Emergency, EMS training grants; EMS
fund grants; EMS system development grants
fund, rescind chs 130, 140; adopt ch 140
ARC 1663B 1920

PUBLIC HEARINGS

Summarized list 1893

PUBLIC SAFETY DEPARTMENT[661]

Notice, Volunteer fire fighter training and
equipment fund, ch 55 ARC 1661B 1915

REAL ESTATE APPRAISER
EXAMINING BOARD[193F]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]“umbrella”

Filed, Complaint and investigatory information
and procedures; board–approved distance
education courses, 5.1(1), 6.1(1), 8.2 to
8.17, 11.6 to 11.13 ARC 1630B 1951

SOIL CONSERVATION DIVISION[27]

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]“umbrella”

Filed, 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 1633B 1952

TRANSPORTATION DEPARTMENT[761]

Filed, For–hire intrastate motor carrier authority,
524.1(2), 524.3(3), 524.10, 524.11(1), 524.12,
524.16 to 524.18 ARC 1634B 1952

USURY

Notice 1917

CITATION of Administrative Rules

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

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)“a” (Paragraph)

441 IAC 79.1(1)“a”(1) (Subparagraph)

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

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

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

__________________________________

PREFACE

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

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

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

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

Subscriptions and Distribution Telephone: (515)242–5120
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KATHLEEN K. BATES, Administrative Code Editor Telephone: (515)281–3355

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

Fax: (515)281–4424

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Schedule for Rule Making
2002

NOTICE SUBMISSION DEADLINE	NOTICE PUB. DATE	HEARING OR COMMENTS 20 DAYS	FIRST POSSIBLE ADOPTION DATE 35 DAYS	ADOPTED FILING DEADLINE	ADOPTED PUB. DATE	FIRST POSSIBLE EFFECTIVE DATE	POSSIBLE EXPIRATION OF NOTICE 180 DAYS
Jan. 4 ’02	Jan. 23 ’02	Feb. 12 ’02	Feb. 27 ’02	Mar. 1 ’02	Mar. 20 ’02	Apr. 24 ’02	July 22 ’02
Jan. 18	Feb. 6	Feb. 26	Mar. 13	Mar. 15	Apr. 3	May 8	Aug. 5
Feb. 1	Feb. 20	Mar. 12	Mar. 27	Mar. 29	Apr. 17	May 22	Aug. 19
Feb. 15	Mar. 6	Mar. 26	Apr. 10	Apr. 12	May 1	June 5	Sept. 2
Mar. 1	Mar. 20	Apr. 9	Apr. 24	Apr. 26	May 15	June 19	Sept. 16
Mar. 15	Apr. 3	Apr. 23	May 8	May 10	May 29	July 3	Sept. 30
Mar. 29	Apr. 17	May 7	May 22	May 24	June 12	July 17	Oct. 14
Apr. 12	May 1	May 21	June 5	June 7	June 26	July 31	Oct. 28
Apr. 26	May 15	June 4	June 19	June 21	July 10	Aug. 14	Nov. 11
May 10	May 29	June 18	July 3	July 5	July 24	Aug. 28	Nov. 25
May 24	June 12	July 2	July 17	July 19	Aug. 7	Sept. 11	Dec. 9
June 7	June 26	July 16	July 31	Aug. 2	Aug. 21	Sept. 25	Dec. 23
June 21	July 10	July 30	Aug. 14	Aug. 16	Sept. 4	Oct. 9	Jan. 6 ’03
July 5	July 24	Aug. 13	Aug. 28	Aug. 30	Sept. 18	Oct. 23	Jan. 20 ’03
July 19	Aug. 7	Aug. 27	Sept. 11	Sept. 13	Oct. 2	Nov. 6	Feb. 3 ’03
Aug. 2	Aug. 21	Sept. 10	Sept. 25	Sept. 27	Oct. 16	Nov. 20	Feb. 17 ’03
Aug. 16	Sept. 4	Sept. 24	Oct. 9	Oct. 11	Oct. 30	Dec. 4	Mar. 3 ’03
Aug. 30	Sept. 18	Oct. 8	Oct. 23	Oct. 25	Nov. 13	Dec. 18	Mar. 17 ’03
Sept. 13	Oct. 2	Oct. 22	Nov. 6	Nov. 8	Nov. 27	Jan. 1 ’03	Mar. 31 ’03
Sept. 27	Oct. 16	Nov. 5	Nov. 20	Nov. 22	Dec. 11	Jan. 15 ’03	Apr. 14 ’03
Oct. 11	Oct. 30	Nov. 19	Dec. 4	Dec. 6	Dec. 25	Jan. 29 ’03	Apr. 28 ’03
Oct. 25	Nov. 13	Dec. 3	Dec. 18	Dec. 20	Jan. 8 ’03	Feb. 12 ’03	May 12 ’03
Nov. 8	Nov. 27	Dec. 17	Jan. 1 ’03	Jan. 3 ’03	Jan. 22 ’03	Feb. 26 ’03	May 26 ’03
Nov. 22	Dec. 11	Dec. 31	Jan. 15 ’03	Jan. 17 ’03	Feb. 5 ’03	Mar. 12 ’03	June 9 ’03
Dec. 6	Dec. 25	Jan. 14 ’03	Jan. 29 ’03	Jan. 31 ’03	Feb. 19 ’03	Mar. 26 ’03	June 23 ’03
Dec. 20	Jan. 8 ’03	Jan. 28 ’03	Feb. 12 ’03	Feb. 14 ’03	Mar. 5 ’03	Apr. 9 ’03	July 7 ’03
Jan. 3 ’03	Jan. 22 ’03	Feb. 11 ’03	Feb. 26 ’03	Feb. 28 ’03	Mar. 19 ’03	Apr. 23 ’03	July 21 ’03

PRINTING SCHEDULE FOR IAB
ISSUE NUMBER	SUBMISSION DEADLINE	ISSUE DATE
26	Friday, June 7, 2002	June 26, 2002
1	Friday, June 21, 2002	July 10, 2002
2	Friday, July 5, 2002	July 24, 2002

PLEASE NOTE:

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

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

PUBLICATION PROCEDURES

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

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

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

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

kathleen.bates@legis.state.ia.us

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

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

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

______________________

IOWA ADMINISTRATIVE RULES and IOWA COURT RULES on CD–ROM

2001 WINTER EDITION

Containing: Iowa Administrative Code (updated through December 2001)
Iowa Administrative Bulletins (July 2001 through December 2001)
Iowa Court Rules (effective February 15, 2002)

For free brochures and order forms contact:

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

AGENDA

The Administrative Rules Review Committee will hold its regular, statutory meeting on Tuesday, June 11, 2002, at 9 a.m. in
Room 116, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Administrative structure, 1.1(4), 1.1(5), 1.1(7), 1.2 to 1.7, Filed ARC 1628B 5/29/02

Antibiotics found in raw milk offered for sale in commerce, 68.36, Filed ARC 1627B 5/29/02

ARTS DIVISION[222]

CULTURAL AFFAIRS DEPARTMENT[221]“umbrella”

Technical assistance program; access to the arts funding program; traditional arts apprenticeship program;
operational support grants to major and midsize arts organizations; arts in education artists roster;
minigrant program; William H. Jackson scholarship for the arts; project support grants for organizations;
project support grants for artists; arts in education project support grants; artists in schools/communities
residency program; definition of “artist business,” rescind chs 3, 4; adopt ch 5; 6.2, 6.3, 6.5 to 6.9, 6.11, 6.15;
adopt chs 7 to 13; 18.2, Filed ARC 1610B 5/15/02

COLLEGE STUDENT AID COMMISSION[283]

EDUCATION DEPARTMENT[281]“umbrella”

License sanction program, adopt ch 37, Notice ARC 1649B 5/29/02

CULTURAL AFFAIRS DEPARTMENT[221]

Iowa community cultural grants program; cultural enrichment grant program,
6.1 to 6.4, 6.5“9,” 8.4, 8.7 to 8.9, Filed ARC 1609B 5/15/02

EDUCATIONAL EXAMINERS BOARD[282]

EDUCATION DEPARTMENT[281]“umbrella”

Teacher intern license; alternative preparation license for out–of–state candidates, 14.129, 14.130, Filed ARC 1639B 5/29/02

Superintendent’s endorsement, 14.142(3), Notice ARC 1640B 5/29/02

Instructional endorsements for teachers of the hard–of–hearing and visually disabled,
15.2(6), 15.2(7), Notice ARC 1641B 5/29/02

Evaluator license; administrative license, 20.3, 20.9, Notice ARC 1642B 5/29/02

EDUCATION DEPARTMENT[281]

Open enrollment—athletic eligibility, 17.8(2)“e,” “f” and “j,” Filed ARC 1605B 5/15/02

Extracurricular interscholastic competition—uniform enforcement for male and female athletes,
36.1, 36.14(2), 36.14(3), 36.14(7), 36.15(2)“h,” “j” and “k,” 36.15(3) to 36.15(6), 36.17,
36.18(5), 36.18(6), 36.18(8), 36.18(10), 36.19, 36.20, 36.20(2) to 36.20(8), Filed ARC 1603B 5/15/02

Extracurricular athletic activity conference—uniform enforcement for male and female athletes,
ch 37 title, 37.1, 37.3 to 37.5, Filed ARC 1604B 5/15/02

Standards for teacher intern preparation programs, adopt ch 77, Filed ARC 1650B 5/29/02

Teacher quality program, ch 83 title, 83.1, 83.3, 83.3(1) to 83.3(4), 83.4, 83.6, Filed ARC 1651B 5/29/02

Supplementary weighting plans for regional academies and whole–grade sharing, 97.1, 97.2(1)“d,”
97.2(6)“j,” “k” and “m,” 97.2(7), 97.4, 97.5, Notice ARC 1652B 5/29/02

ENVIRONMENTAL PROTECTION COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]“umbrella”

Private water well construction permits, 38.2, 38.3(1), 38.3(2), 38.4 to 38.9,
38.12 to 38.15, Notice ARC 1619B 5/15/02

Wastewater construction and operation permits, 64.6(2), 64.15(1) to 64.15(3), Notice ARC 1620B 5/15/02

Fees for new and renewed certification of confinement site and commercial manure applicators,
65.19(2)“a” and “b,” 65.19(3)“b,” Filed ARC 1621B 5/15/02

Well contractor certification, ch 82, Notice ARC 1618B 5/15/02

Organic materials composting facilities, ch 105, Filed ARC 1622B 5/15/02

Waste tire management; beneficial uses of waste tires, chs 117, 219, Filed ARC 1623B 5/15/02

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

Campaign disclosure procedures; financial threshold for registration of a campaign committee,
4.1(1), 4.25(1), 4.25(3), 4.38, 4.53, 4.70(2) to 4.70(5), 4.87, Notice ARC 1607B 5/15/02

Financial disclosure reports filed by fax, 4.23(3), 11.4(3), Notice ARC 1606B 5/15/02

Filing of verified statement of registration (VSR), 4.48, 4.48(2), 4.48(2)“i,”
4.48(3), 6.2(5), Notice ARC 1602B 5/15/02

Loans or obligations forgiven or transferred; interest and imputed interest, 4.50, Notice ARC 1601B 5/15/02

Contested cases—notice of hearing, 7.5(3), Filed ARC 1608B 5/15/02

GENERAL SERVICES DEPARTMENT[401]

Organization and operation; capitol complex operations; state employee driving guidelines,
chs 1, 3, 11, Filed ARC 1624B 5/15/02

HUMAN SERVICES DEPARTMENT[441]

Accreditation of providers of services to persons with mental illness, mental retardation,
and developmental disabilities, ch 24, Filed ARC 1644B 5/29/02

Community mental health center waiver request, 25.78 to 25.80, ch 25 div VII, 25.81, Filed ARC 1645B 5/29/02

“Well–being” visits, 41.24(8)“e,” 93.138(3)“f,” 93.138(4), Filed ARC 1646B 5/29/02

State supplementary assistance program—“pass–along” requirements,
51.4(1), 52.1(1), 52.1(2), Notice ARC 1647B, also Filed Emergency ARC 1665B 5/29/02

Reimbursement for rehabilitation agencies, 79.1(2), 79.1(21), Notice ARC 1648B 5/29/02

INFORMATION TECHNOLOGY DEPARTMENT[471]

Acquisition of information technology services, 13.5(2)“c,” Filed Emergency ARC 1662B 5/29/02

INSPECTIONS AND APPEALS DEPARTMENT[481]

Issuance of subpoenas, 1.1(6) to 1.1(9), Filed ARC 1625B 5/15/02

NATURAL RESOURCE COMMISSION[571]

NATURAL RESOURCES DEPARTMENT[561]“umbrella”

Use of nontoxic shot on wildlife areas, 51.9, Filed ARC 1657B 5/29/02

Controlled waterfowl hunting, 53.2, 53.3, 53.3(1)“b,” Notice ARC 1656B 5/29/02

Wild turkey fall hunting—procedures to obtain licenses, 99.9, 99.11(6), Filed ARC 1655B 5/29/02

Wildlife importation and transportation, ch 104, Filed Emergency ARC 1664B 5/29/02

Deer hunting, 106.1(5), 106.2(4), 106.5(2)“b,” 106.6(3)“a,” 106.6(5), 106.7(1), 106.7(3),
106.8, 106.10(1)“a,” 106.11(4), 106.11(5), Filed ARC 1653B 5/29/02

NURSING BOARD[655]

PUBLIC HEALTH DEPARTMENT[641]“umbrella”

Fee increases, 3.1, Notice ARC 1470B Terminated ARC 1617B 5/15/02

Repayment receipts, 3.1, Notice ARC 1616B 5/15/02

PERSONNEL DEPARTMENT[581]

Benefits advisory committee, 21.33, Filed ARC 1643B 5/29/02

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]“umbrella”

Barber examiners, ch 20, 26.1(4), Notice ARC 1636B 5/29/02

Cosmetology arts and sciences examiners, adopt ch 59, Filed ARC 1638B 5/29/02

Cosmetology arts and sciences examiners, 60.2(1)“a,” ch 63, Notice ARC 1660B 5/29/02

Hearing aid dispensers examiners, chs 120 to 122; 122.6“3,” “5” and “6,” 122.9,
122.10; chs 124, 125, Filed ARC 1635B 5/29/02

Optometry examiners, ch 179; 180.1, 181.9; chs 182 to 184, Notice ARC 1600B 5/15/02

Podiatry examiners, chs 219, 223, Notice ARC 1599B 5/15/02

Psychology examiners, ch 239, Filed ARC 1658B 5/29/02

Respiratory care examiners, adopt ch 265, Notice ARC 1637B 5/29/02

Speech pathology and audiology examiners, ch 299; 300.1; rescind ch 301; 303.2(1), Filed ARC 1659B 5/29/02

PUBLIC HEALTH DEPARTMENT[641]

Family planning services, 74.1, 74.2, 74.4 to 74.6, 74.7(1), 74.7(3), 74.8, 74.9(2) to 74.9(4),
74.10, 74.12(1), Notice ARC 1632B 5/29/02

Biological agent risk assessment, adopt ch 112, Notice ARC 1654B 5/29/02

Emergency medical services training grants; emergency medical services fund grants,
chs 130, 140, Notice ARC 1631B, also Filed Emergency ARC 1663B 5/29/02

PUBLIC SAFETY DEPARTMENT[661]

Volunteer fire fighter training and equipment fund, adopt ch 55, Notice ARC 1661B 5/29/02

REAL ESTATE APPRAISER EXAMINING BOARD[193F]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]“umbrella”

Continuing education; discipline, 5.1(1)“a,” “b” and “d,” 6.1(1)“a,” “d” and “e,” 8.2 to 8.17,
11.6 to 11.13, Filed ARC 1630B 5/29/02

REGENTS BOARD[681]

Traffic and parking at universities, 4.26, 4.27(1), 4.27(2), 4.27(4), 4.27(7) to 4.27(9),
4.28, 4.28(1), 4.28(3), 4.28(4), 4.29(3) to 4.29(9), 4.30, 4.30(4) to 4.30(10), 4.31(2),
4.31(4), 4.31(5), 4.32, Notice ARC 1611B 5/15/02

Iowa state university of science and technology organization and general rules,
13.1, 13.6 to 13.19, Notice ARC 1612B 5/15/02

REVENUE AND FINANCE DEPARTMENT[701]

Practice and procedure before the department; vehicle trade–ins; applicability of inheritance tax rules to estate taxes,
7.42, 7.44(2)“e,” 7.56(12), 15.19, 87.6, Notice ARC 1626B 5/15/02

SOIL CONSERVATION DIVISION[27]

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]“umbrella”

Iowa financial incentive program for soil erosion control, 10.41(9), 10.60(1), 10.82(3)“l” and “m,”
10.84, 10.84(20), 10.84(21), Filed ARC 1633B 5/29/02

TRANSPORTATION DEPARTMENT[761]

For–hire intrastate motor carrier authority, 524.1(2), 524.3(3)“d,” 524.10, 524.11(1), 524.12(1), 524.12(2),
524.16 to 524.18, Filed ARC 1634B 5/29/02

UTILITIES DIVISION[199]

COMMERCE DEPARTMENT[181]“umbrella”

Confidentiality for certain information, 1.9(5)“c,” 1.9(8)“b”(3), Filed ARC 1614B 5/15/02

Threshold for electric transmission line franchises, 11.1(5), 11.3(2), 11.4, Notice ARC 1615B 5/15/02

Rights and remedies for gas and electric customers, 19.4(10)“c” and “d,” 19.4(15)“h”(3), 20.4(11)“c” and “d,”
20.4(15)“h”(3), Notice ARC 0991B Terminated ARC 1613B 5/15/02

ADMINISTRATIVE RULES REVIEW COMMITTEE MEMBERS

Regular statutory meetings are held the second Tuesday of each month at the seat of government as provided in Iowa Code section 17A.8. A special meeting may be called by the Chair at any place in the state and at any time.

EDITOR’S NOTE: Terms ending April 30, 2003.

Senator Jeff Angelo 808 West Jefferson Creston, Iowa 50801	Representative Clyde Bradley 315 33rd Avenue North Clinton, Iowa 52732
Senator Patricia M. Harper 3336 Santa Maria Drive Waterloo, Iowa 50702	Representative Danny Carroll 244 400th Avenue Grinnell, Iowa 50112
Senator John P. Kibbie P.O. Box 190 Emmetsburg, Iowa 50536	Representative Marcella R. Frevert P.O. Box 324 Emmetsburg, Iowa 50536
Senator Paul McKinley Route 5, Box 101H Chariton, Iowa 50049	Representative Mark Kuhn 2667 240th Street Charles City, Iowa 50616
Senator Sheldon Rittmer 3539 230th Street DeWitt, Iowa 52742	Representative Janet Metcalf 12954 Oak Brook Drive Urbandale, Iowa 50323
Joseph A. Royce Legal Counsel Capitol, Room 116A Des Moines, Iowa 50319 Telephone (515)281–3084 Fax (515)281–5995	Brian Gentry Administrative Rules Coordinator Governor’s Ex Officio Representative Capitol, Room 11 Des Moines, Iowa 50319

PUBLIC HEARINGS

To All Agencies:

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

AGENCY	HEARING LOCATION	DATE AND TIME OF HEARING
EDUCATIONAL EXAMINERS BOARD[282]
Superintendent’s endorsement, 14.142(3) IAB 5/29/02 ARC 1640B	Board Conference Room, Second Floor Grimes State Office Bldg. Des Moines, Iowa	June 24, 2002 2:30 p.m.
Teachers of the hearing–disabled and visually disabled—competency– based endorsements, 15.2 IAB 5/29/02 ARC 1641B	Room 3 South Grimes State Office Bldg. Des Moines, Iowa	June 21, 2002 1 to 2 p.m.
	Board Room, Careers Bldg. Iowa School for the Deaf 1600 S. Hwy 75 Council Bluffs, Iowa	June 25, 2002 1 to 2 p.m.
	Board Room Education Service Center 346 Second Ave. SW Cedar Rapids, Iowa	June 27, 2002 1 to 2 p.m.
Evaluator license, 20.3, 20.9 IAB 5/29/02 ARC 1642B	Board Conference Room, Second Floor Grimes State Office Bldg. Des Moines, Iowa	June 24, 2002 1:30 p.m.
EDUCATION DEPARTMENT[281]
Supplementary weighting, 97.1, 97.2, 97.4, 97.5 IAB 5/29/02 ARC 1652B	State Board Room, Second Floor Grimes State Office Bldg. Des Moines, Iowa	June 18, 2002 3 p.m.
ENVIRONMENTAL PROTECTION COMMISSION[567]
Private water well construction permits, 38.2 to 38.9, 38.12 to 38.15 IAB 5/15/02 ARC 1619B	Conference Rooms, Suite I 401 SW Seventh St. Des Moines, Iowa	June 4, 2002 1 to 4 p.m.
	Conference Room Atlantic Municipal Utilities 15 W. Third St. Atlantic, Iowa	June 5, 2002 11 a.m. to 2 p.m.
	Arrowhead AEA 824 Flindt Dr. Storm Lake, Iowa	June 6, 2002 9 a.m. to 12 noon
	Delaware County Community Center 200 E. Acres Manchester, Iowa	June 11, 2002 1 to 4 p.m.
	Helen Wilson Gallery Washington Public Library 120 E. Main Washington, Iowa	June 12, 2002 1 to 4 p.m.
ENVIRONMENTAL PROTECTION COMMISSION[567] (Cont’d)
	Muse–Norris Conference Center NIACC 500 College Dr. Mason City, Iowa	June 13, 2002 12 noon to 3 p.m.
Wastewater construction and operation permits, 64.6(2), 64.15 IAB 5/15/02 ARC 1620B	Fifth Floor East Conference Room Wallace State Office Bldg. Des Moines, Iowa	June 4, 2002 1:30 p.m.
Well contractor certification, ch 82 IAB 5/15/02 ARC 1618B	Conference Rooms, Suite I 401 SW Seventh St. Des Moines, Iowa	June 4, 2002 1 to 4 p.m.
	Conference Room Atlantic Municipal Utilities 15 W. Third St. Atlantic, Iowa	June 5, 2002 11 a.m. to 2 p.m.
	Arrowhead AEA 824 Flindt Dr. Storm Lake, Iowa	June 6, 2002 9 a.m. to 12 noon
	Delaware County Community Center 200 E. Acres Manchester, Iowa	June 11, 2002 1 to 4 p.m.
	Helen Wilson Gallery Washington Public Library 120 E. Main Washington, Iowa	June 12, 2002 1 to 4 p.m.
	Muse–Norris Conference Center NIACC 500 College Dr. Mason City, Iowa	June 13, 2002 12 noon to 3 p.m.
NATURAL RESOURCE COMMISSION[571]
Controlled waterfowl hunting, 53.2, 53.3 IAB 5/29/02 ARC 1656B	Fourth Floor Conference Room Wallace State Office Bldg. Des Moines, Iowa	July 10, 2002 10 a.m.
PROFESSIONAL LICENSURE DIVISION[645]
Barber examiners, ch 20, 26.1(4) IAB 5/29/02 ARC 1636B	Fifth Floor Board Conference Room Lucas State Office Bldg. Des Moines, Iowa	June 20, 2002 9 to 11 a.m.
Cosmetology arts and sciences examiners, 60.2(1), ch 63 IAB 5/29/02 ARC 1660B	Fifth Floor Board Conference Room Lucas State Office Bldg. Des Moines, Iowa	June 18, 2002 2 to 4 p.m.

Optometry examiners, chs 179 to 184 IAB 5/15/02 ARC 1600B	Fifth Floor Board Conference Room Lucas State Office Bldg. Des Moines, Iowa	June 5, 2002 9 to 11 a.m.
PROFESSIONAL LICENSURE DIVISION[645] (Cont’d)
Podiatry examiners, chs 219, 223 IAB 5/15/02 ARC 1599B	Fifth Floor Board Conference Room Lucas State Office Bldg. Des Moines, Iowa	June 5, 2002 9 to 11 a.m.
Respiratory care examiners, ch 265 IAB 5/29/02 ARC 1637B	Fifth Floor Board Conference Room Lucas State Office Bldg. Des Moines, Iowa	June 28, 2002 9 to 11 a.m.
PUBLIC HEALTH DEPARTMENT[641]
Family planning services, 74.1, 74.2, 74.4 to 74.10, 74.12(1) IAB 5/29/02 ARC 1632B	Conference Room 518 Lucas State Office Bldg. Des Moines, Iowa	June 24, 2002 10 to 11 a.m.
Biological agent risk assessment, ch 112 IAB 5/29/02 ARC 1654B	Conference Room 518 Lucas State Office Bldg. Des Moines, Iowa	June 21, 2002 2 p.m.
Emergency medical services system development grants fund, rescind chs 130, 140; adopt ch 140 IAB 5/29/02 ARC 1631B (See also ARC 1663B herein) (ICN Network)	Carroll Community College 906 N. Grant Rd. Carroll, Iowa	June 18, 2002 1 to 3 p.m.
	ICN Room, Sixth Floor Lucas State Office Bldg. Des Moines, Iowa	June 18, 2002 1 to 3 p.m.
	Spencer Public Library 21 E. Third St. Spencer, Iowa	June 18, 2002 1 to 3 p.m.
	Carnegie–Stout Public Library 360 W. 11th Street Dubuque, Iowa	June 18, 2002 1 to 3 p.m.
	Waco High School 611 N. Pearl Wayland, Iowa	June 18, 2002 1 to 3 p.m.
PUBLIC SAFETY DEPARTMENT[661]
Volunteer fire fighters training and equipment fund, ch 55 IAB 5/29/02 ARC 1661B	Conference Room—3rd Floor Wallace State Office Bldg. Des Moines, Iowa	June 21, 2002 9:30 a.m.

AGENCY IDENTIFICATION NUMBERS

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

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

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

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

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

BEEF INDUSTRY COUNCIL, IOWA[101]

BLIND, DEPARTMENT FOR THE[111]

CITIZENS’ AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

EGG COUNCIL, IOWA[301]

ELDER AFFAIRS DEPARTMENT[321]

EMPOWERMENT BOARD, IOWA[349]

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

EXECUTIVE COUNCIL[361]

FAIR BOARD[371]

GENERAL SERVICES DEPARTMENT[401]

HUMAN INVESTMENT COUNCIL[417]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

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

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INFORMATION TECHNOLOGY DEPARTMENT[471]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

LAW ENFORCEMENT ACADEMY[501]

LIVESTOCK HEALTH ADVISORY COUNCIL[521]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NARCOTICS ENFORCEMENT ADVISORY COUNCIL[551]

NATIONAL AND COMMUNITY SERVICE, IOWA COMMISSION ON[555]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board for[575]

PERSONNEL DEPARTMENT[581]

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

PREVENTION OF DISABILITIES POLICY COUNCIL[597]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

RECORDS COMMISSION[671]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

SEED CAPITAL CORPORATION, IOWA[727]

SHEEP AND WOOL PROMOTION BOARD, IOWA[741]

TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

TURKEY MARKETING COUNCIL, IOWA[787]

UNIFORM STATE LAWS COMMISSION[791]

VETERANS AFFAIRS COMMISSION[801]

VETERINARY MEDICINE BOARD[811]

VOTER REGISTRATION COMMISSION[821]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

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

NOTICES

ARC 1649B

COLLEGE STUDENT AID COMMISSION[283]

Notice of Intended Action

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

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

Pursuant to the authority of Iowa Code sections 261.3 and 261.37(5), the College Student Aid Commission proposes to adopt new Chapter 37, “License Sanction Program,” Iowa Administrative Code.

The proposed new chapter prescribes the process for administering license sanctions against individuals who have defaulted on student loan obligations owed to or collected by the Commission. The administration of the program will rely heavily on forms developed to announce license sanction activity and to direct every step in the sanction process.

Interested persons may submit comments orally or in writing to the Executive Director, College Student Aid Commission, 200 Tenth Street, Fourth Floor, Des Moines, Iowa 50309, telephone (515)242–3344, by 4:30 p.m. on June 18, 2002.

These rules are intended to implement Iowa Code sections 261.121 to 261.127.

The following new chapter is proposed.

CHAPTER 37
LICENSE SANCTION PROGRAM

283—37.1(261) General purpose. As an aid to the collection of defaulted student loans, the commission may initiate the license sanction process described in Iowa Code sections 261.121 to 261.127 to suspend, revoke or deny issuance or renewal of a variety of licenses held or applied for by any person who has defaulted on an obligation owed to or collected by the commission. Licenses subject to this sanction process include motor vehicle registrations, driver’s licenses, business and professional licenses, and licenses for hunting, fishing, boating or other recreational activity, as defined in Iowa Code section 252J.1(1). In addition to the procedures set forth in Iowa Code sections 261.121 to 261.127, this chapter shall apply.

283—37.2(261) Definitions.

37.2(1) A “debtor” is a person who has defaulted on any obligation owed to or collected by the commission.

37.2(2) A debtor is in “default” if:

a. The debtor is obligated to pay under a federal student loan guaranteed by the commission pursuant to the provisions of Iowa Code sections 261.35 to 261.43, and the debtor’s default is certified to the commission by an eligible lender, and 60 days have passed since such certification;

b. The debtor is obligated to pay under a partnership student loan issued by Iowa Student Loan Liquidity Corporation (ISLLC), and the commission acquires the debtor’s loan as a default pursuant to Iowa Code section 261.38 due to the debtor’s failure to make payments to ISLLC;

c. The debtor becomes obligated to repay the commission under the teacher shortage forgivable loan program pursuant to Iowa Code section 261.111, or under the Des Moines university tuition scholarship program or physician loan repayment program pursuant to Iowa Code sections 261.19(3) and (4), and fails to make an agreed payment within 15 days of the agreed due date; or

d. The debtor enters into a written repayment agreement with the commission and fails to make an agreed payment within 15 days of the due date stated in the repayment agreement.

37.2(3) The phrase “delinquent obligation owed” means the total amount of the debtor’s obligation, including principal and unpaid accrued interest, and may include collection costs, court filing fees, and sheriff’s fees.

283—37.3(261) Service of notice. The notice described in Iowa Code section 261.121(2) shall be served by restricted certified mail, return receipt requested, addressed to the debtor at the debtor’s last–known residence or principal place of business. If the debtor signs for the notice, the return post office receipt shall be proof of service. If the debtor fails to sign for the notice, the commission may personally serve the debtor in accordance with Iowa Rules of Civil Procedure.

283—37.4(261) Exclusions from license sanction process. The commission may determine that the issuance of a certificate of noncompliance is not appropriate pursuant to Iowa Code section 261.122(5)“c,” or that a certificate of noncompliance should be withdrawn pursuant to Iowa Code section 261.124(5)“d,” during periods in which any of the following conditions exist:

1. Written verification that the debtor has been deemed eligible for and is receiving supplemental security income (SSI), similar state– or federal–funded assistance, or county assistance, such as general relief or general assistance.

2. Verified economic hardship which the commission determines from the debtor’s sworn financial statement and other relevant evidence would likely qualify for hardship discharge of student loans under the Bankruptcy Code.

3. A verified temporary illness or disability of the debtor or of another household member which prevents the debtor from working or requires the presence of the debtor in the home as a caretaker.

4. Verified incarceration.

5. Verified participation on an in–treatment basis in a chemical dependency program licensed by the department of public health or similar program.

283—37.5(261) Written agreement. A debtor may, at any time, with or without a requested conference, enter into a satisfactory written repayment agreement to either avoid the issuance of a certificate of noncompliance or to secure a withdrawal of an issued certificate of noncompliance. In determining whether the terms of a proposed repayment agreement are satisfactory, the commission shall take into account the debtor’s ability to pay. Repayment terms shall be deemed satisfactory if the debtor agrees to pay at least the maximum amount which would be subject to an administrative wage withholding procedure, or the equivalent for a self–employed person. In addition, the commission may take into consideration the recent existence of any of the conditions outlined in rule 37.4(261), if verified, and if the debtor can demonstrate that insufficient time has passed for the debtor to regain an ability to repay obligations owed to the commission.

283—37.6(261) Right to court hearing. The debtor may request a hearing before the district court in the debtor’s county of residence. The scope of the court’s review is limited to whether the debt is delinquent, whether the amount of the delinquency is misstated, or whether a mistake has been made in the identity of the debtor.

These rules are intended to implement Iowa Code sections 261.121 to 261.127.

ARC 1640B

EDUCATIONAL EXAMINERS BOARD[282]

Notice of Intended Action

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

The proposed amendment modifies the experience requirements for the superintendent’s endorsement.

There will be a public hearing on the proposed amendment on June 24, 2002, at 2:30 p.m. in the State Board Conference Room, 2nd Floor, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa. Persons may present their views at the public hearing orally or in writing. 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. Persons who wish to make oral presentations at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa 50319–0147, or at (515)281–5849, prior to the date of the public hearing.

Any interested person may make written comments or suggestions on the proposed amendment through June 26, 2002. Written comments and suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, at the above address or E–mailedto anne.kruse@ed.state.ia.us. Fax communications may be sent to (515)281–7669.

A waiver provision is not included as the Board has adopted a uniform waiver rule.

This amendment is intended to implement Iowa Code chapter 272.

The following amendment is proposed.

Amend subrule 14.142(3) as follows:

14.142(3) Superintendent.

a. and b. No change.

c. Other.

(1) The applicant must have had three years of experience as a building principal or other PK–12 districtwide or area education agency administrative experience.

(2) The applicant must have had three years of teaching experience at the early childhood through grade 12 levels.

~~(2)~~ (3) Graduates from institutions in other states who are seeking initial Iowa licensure and the superintendent’s endorsement must meet the requirements for the standard license in addition to the experience requirements. The requirement of three years of teaching experience may be met by a combination of teaching and administrative experience with the following stipulations. The applicant must have completed two years of teaching experience at the early childhood through grade 12 levels. If administrative experience is used in lieu of the third year of teaching experience, the applicant must have completed the administrative experience as a building principal or must have completed other PK–12 districtwide administrative experience.

ARC 1641B

EDUCATIONAL EXAMINERS BOARD[282]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 15, “Requirements for Special Education Endorsements,” Iowa Administrative Code.

These proposed amendments include the terminationof the instructional endorsements for teachers of the hearing–disabled and visually disabled and provide for newcompetency–based endorsements for these instructional areas.

These proposed amendments follow the recent adoption of a competency–based endorsement framework for other special education instructional areas. Work on these proposed amendments has included an analysis of national standards as well as discussions with other state–level personnel involved in programs for the hearing–disabled and visually disabled.

Any interested parties or persons may present their views orally or in writing at public hearings to be held on the following dates and at the following sites:

Friday, June 21, 2002, from 1 to 2 p.m. in the Grimes State Office Building, Room 3 South, 400 East 14th Street, Des Moines.

Tuesday, June 25, 2002, from 1 to 2 p.m. in the Board Room, Careers Building, Iowa School for the Deaf, 1600S. Highway 75, Council Bluffs.

Thursday, June 27, 2002, from 1 to 2 p.m. in the Board Room, Education Service Center, Cedar Rapids Community School District, 346 2nd Avenue SW, Cedar Rapids.

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

Any person who intends to attend the public hearing and requires special accommodations for specific needs, such as a sign language interpreter, should contact the office of the Executive Director at (515)281–5849.

Any interested person may make written comments or suggestions on the proposed amendments through June 30, 2002. Written comments and suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, at the above address, or faxed to (515)281–7669, or E–mailed to anne.kruse@ed.state.ia.us.

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

These amendments are intended to implement Iowa Code chapter 272.

The following amendments are proposed.

ITEM 1. Rescind subrule 15.2(6) and adopt in lieu thereof the following new subrule:

15.2(6) Deaf or hard–of–hearing.

a. Option 1. This endorsement authorizes instruction in programs serving students with hearing loss from birth to age 21 (and to a maximum allowable age in accordance with Iowa Code section 256B.8). An applicant for this option must complete the following requirements and must have completed an approved program in teaching the deaf or hard–of–hearing from a recognized Iowa or non–Iowa institution and must hold a regular education endorsement. See rules 282—14.140(272) and 282—14.141(272).

(1) Foundations of special education. The philosophical, historical and legal bases for special education, including the definitions and etiologies of individuals with disabilities, and including individuals from culturally and linguistically diverse backgrounds.

(2) Characteristics of learners. Preparation which includes various etiologies of hearing loss, an overview of current trends in educational programming for students with hearing loss and educational alternatives and related services, and the importance of the multidisciplinary team in providing more appropriate educational programming from birth to age 21. Preparation in the social, emotional and behavioral characteristics of individuals with hearing loss, including the impact of such characteristics on classroom learning. Knowledge of the anatomy and physiology of the hearing mechanism and knowledge of the development of secondary senses when hearing is impaired, effect of hearing loss on learning experiences, psychological aspects of hearing loss, and effects of medications on the hearing system.

Preparation in the psychological and social–emotional characteristics of individuals with hearing loss to include the major social characteristics of individuals with hearing loss and the effects of this disability on learning, and the social and emotional aspects of individuals with hearing loss. Physical development and potential health impairments as they relate to the development and behavior of students with hearing loss.

Components of linguistic and nonlinguistic communication used by individuals who are deaf or hard–of–hearing and communication modes used by and with individuals who are deaf or hard–of–hearing, including current theories of language development in individuals who are deaf or hard–of–hearing.

(3) Assessment, diagnosis and evaluation. Legal provisions, regulations and guidelines regarding unbiased assessment and use of psychometric instruments and instructional assessment measures with individuals with disabilities, including necessary alternative assessment techniques arising out of the nature of the disability and medical reports and other related diagnostic information. Application of assessment results to individualized program development and management, and the relationship between assessment and placement decisions. Knowledge of any specialized strategies such as functional behavioral assessment and any specialized terminology used in the assessment of various disabling conditions.

(4) Methods and strategies. Methods and strategies which include numerous models for providing curricular and instructional methodologies utilized in the education ofstudents who are deaf or hard–of–hearing and sources of specialized materials for individuals who are deaf or hard–of–hearing. These strategies must include knowledge of teaching academic subjects and language and speech to students who are deaf or hard–of–hearing and have a knowledge of American Sign Language. Curricula for the development of cognitive, academic, social, language and functional life skills for individuals who are deaf or hard–of–hearing, and related instructional and remedial methods and techniques, including appropriate assistive technology. The focus of these experiences is for students at all levels from birth to age 21. This preparation must include alternatives for teaching skills and strategies to individuals who are deaf or hard–of–hearing who differ in degree and nature of disability, and the integration of appropriate age– and ability–level academic instruction.

Strategies for teaching technology skills and other instructional aids for students who are deaf or hard–of–hearing.

(5) Managing student behavior and social interaction skills. Preparation in individual behavioral management, behavioral change strategies, and classroom management theories, methods, and techniques for individuals with exceptional learning needs. Theories of behavior problems in individuals with disabilities and the use of nonaversive techniques for the purpose of controlling targeted behavior and maintaining attention of individuals with disabilities. Design, implement, and evaluate instructional programs that enhance an individual’s social participation in family, school, and community activities.

(6) Communication and collaborative partnerships. Awareness of the sources of unique services, networks, and organizations for individuals with disabilities, including transitional support. Knowledge of family systems, family dynamics, parent rights, advocacy, multicultural issues, and communication to invite and appreciate many different forms of parent involvement. Strategies for working with regular classroom teachers, support services personnel, paraprofessionals, and other individuals involved in the educational program. Knowledge of the collaborative and consultative roles of special education teachers in the integration of individuals with disabilities into the general curriculum and classroom.

(7) Transitional collaboration. Sources of services, organizations, and networks for individuals who are deaf or hard–of–hearing, including career, vocational and transitional support to postschool settings with maximum opportunities for decision making and full participation in the community.

(8) Student teaching. Student teaching in programs across the age levels of this endorsement. If the student teaching program has a unique age–level emphasis (e.g., K–6 or 7–12), there must be planned activities which incorporate interactive experiences at the other age level.

b. Option 2. An applicant who holds an endorsement in deaf or hard–of–hearing issued in another state or who is eligible for such an endorsement but who does not also hold or is not eligible for a regular education endorsement in Iowa (see rules 282—14.140(272) and 282—14.141(272)) must meet the following basic requirements in addition to those set out in paragraph 15.2(6)“a.”

(1) Child growth and development with emphasis on the emotional, physical, and mental characteristics of elementary age children unless completed as part of the professional education core. See 282—subrule 14.123(4).

(2) Methods and materials of teaching elementary language arts.

(3) Methods and materials of teaching elementary reading.

(4) Elementary curriculum methods and materials unless completed as part of another elementary level endorse–ment program (e.g., 282—subrule 14.140(2), 14.140(3), or 14.140(12) or a similar elementary endorsement program).

(5) Methods and materials of teaching elementary mathematics.

(6) Adolescent growth and development with emphasis on the emotional, physical, and mental characteristics of adolescent age children unless completed as part of the professional education core. See 282—subrule 14.123(4).

(7) Adolescent literacy or secondary content area reading.

(8) Secondary methods unless completed as part of the professional education core. See 282—subrule 14.123(4).

ITEM 2. Rescind subrule 15.2(7) and adopt in lieu thereof the following new subrule:

15.2(7) Visually disabled.

a. Option 1. This endorsement authorizes instruction in programs serving students with visual disabilities from birth to age 21 (and to a maximum allowable age in accordance with Iowa Code section 256B.8). An applicant for this option must complete the following requirements and must have completed an approved program in visual disabilities from a recognized Iowa or non–Iowa institution and must hold a regular education endorsement. See rules 282— 14.140(272) and 282—14.141(272).

(2) Characteristics of learners. Preparation which includes various etiologies of visual impairment, an overview of current trends in educational programming for students with visual disabilities and educational alternatives and related services, and the importance of the multidisciplinary team in providing more appropriate educational programming from birth to age 21. Preparation in the social, emotional and behavioral characteristics of individuals with visual disabilities, including the impact of such characteristics on classroom learning. Development of the human visual system, development of secondary senses when vision is impaired, effect of visual disability on development, impact of visual disability on learning and experiences, psychological aspects of visual disability, and effects of medicationson the visual system. Preparation in the psychological and social–emotional characteristics of individuals with visual disabilities to include the major social characteristics of individuals with visual disabilities and the effects of this disability on learning, and the social and emotional aspects of individuals with visual disabilities. Physical development and potential health impairments as they relate to the development and behavior of students with visual disabilities.

(4) Methods and strategies. Methods and strategies which include numerous models for providing curricular and instructional methodologies utilized in the education of visually disabled students and sources of curriculum materials for individuals with disabilities. These strategies must include knowledge of teaching Braille reading and writing, the skill in teaching handwriting and signature writing to individuals with low vision or who are blind, listening and compensatory auditory skills and typing and keyboarding skills. Curricula for the development of cognitive, academic, social, language and functional life skills for individuals with visual disabilities, and related instructional and remedial methods and techniques, including appropriate assistive technology. The focus of these experiences is for students at all levels from birth to age 21. This preparation must include alternatives for teaching skills and strategies to individuals with visual disabilities who differ in degree and nature of disability, and the integration of appropriate age– and ability–level academic instruction.

Strategies for teaching technology skills, other instructional aids for visually disabled students, strategies for teaching organization and study skills, tactual and perceptual skills, adapted physical and recreational skills and strategies for promoting self–advocacy in individuals with visual disabilities and for structured pre–cane orientation and mobility assessment and instruction.

(7) Transitional collaboration. Sources of services, organizations, and networks for individuals with visual disabilities, including career, vocational and transitional support to postschool settings with maximum opportunities for decision making and full participation in the community.

b. Option 2. An applicant who holds an endorsement for visually disabled issued in another state or who is eligible for such an endorsement but who does not also hold or is not eligible for a regular education endorsement in Iowa (see rules 282—14.140(272) and 282—14.141(272)) must meet the following basic requirements in addition to those set out in paragraph 15.2(7)“a.”

(2) Methods and materials of teaching elementary language arts.

(3) Methods and materials of teaching elementary reading.

(5) Methods and materials of teaching elementary mathematics.

(7) Adolescent literacy or secondary content area reading.

(8) Secondary methods unless completed as part of the professional education core. See 282—subrule 14.123(4).

ARC 1642B

EDUCATIONAL EXAMINERS BOARD[282]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 20, “Evaluator License,” Iowa Administrative Code.

The proposed amendments clarify the fee structure for the issuance or renewal of an evaluator license or an administrative license based on the program requirements for the evaluator training program set out in Iowa Code Supplement section 284.10 and establish a one–year conditional administrative license to be issued to an individual who has not completed the evaluator training program.

There will be a public hearing on the proposed amendments on June 24, 2002, at 1:30 p.m. in the State Board Conference Room, 2nd Floor, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa. Persons may present their views at the public hearing either orally or in writing. 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. Persons who wish to make oral presentations at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa 50319–0147, or at (515) 281–5849, prior to the date of the public hearing.

Any interested person may make written comments or suggestions on the proposed amendments through June 26, 2002. Written comments and suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, at the above address or E–mailed to anne.kruse@ed.state.ia.us. Fax communications may be sent to (515)281–7669.

A waiver provision is not included as the Board has adopted uniform waiver rules.

These amendments are intended to implement Iowa Code chapter 272.

The following amendments are proposed.

ITEM 1. Amend rule 282—20.3(272) as follows:

282—20.3(272) Renewal or continuation of administrative license or endorsements. On or after July 1, 1990, each applicant for renewal or continuation of an administrative license or endorsement shall have completed the evaluator approval program. Applicants may apply for the five–year evaluator license upon completion of the evaluator training required in Iowa Code Supplement section 284.10.

The fee for the evaluator license is $50. If the term of the evaluator license extends beyond the term of the applicant’s valid administrative or evaluator license, the fee for the evaluator license will be prorated to equal $10 per year of extension. For example, if the person completes the course in the fall of 2002, the person will receive a new administrative or evaluator license with a 2003 issue date. The chart below provides examples of the prorated fees for this extension.

If the applicant holds a license that is valid until 2003, the fee for the new license is $50.

If the applicant’s license is valid until 2004, the fee for the new license is $40.

If the applicant’s license is valid until 2005, the fee for the new license is $30.

If the applicant’s license is valid until 2006, the fee for the new license is $20.

If the applicant’s license is valid until 2007, the fee for the new license is $10.

ITEM 2. Amend 282—Chapter 20 by adopting a new rule as follows:

282—20.9(272) Requirements for a one–year conditional administrative license. A conditional license valid for one year may be issued to an individual who has not completed the required evaluator training program which is necessary for renewal of the administrative and evaluator licenses. The fee for this one–year conditional license is $10. This conditional license may be renewed for one additional year at the same fee if the individual cannot complete the required evaluator training program during the term of the initial conditional license. This rule will sunset January 1, 2005.

ARC 1652B

EDUCATION DEPARTMENT[281]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to amend Chapter 97, “Supplementary Weighting,” Iowa Administrative Code.

These proposed amendments establish the proceduresfor school districts to generate funding for students in an in–district regional academy and for students in whole–grade sharing arrangements when the boards of directors jointly adopt a resolution to study reorganization. Iowa Code section 257.11 as amended by 2001 Iowa Acts, Senate File 203, authorized these reorganization incentives related to supplementary weighting plans. The incentives addressed in these amendments take effect for the fiscal year beginning July 1, 2002.

Any interested person may comment on the proposed amendments on or before June 18, 2002, by addressing the comments to Su McCurdy, Administrative Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146; E–mail su.mccurdy@ed.state.ia. us; fax (515)281–7700.

There will be a public hearing on June 18, 2002, at 3 p.m. in the State Board Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, at which persons may present their comments 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. 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 Education and advise of specific needs prior to June 4, 2002.

These amendments are intended to implement Iowa Code chapter 257 as amended by 2001 Iowa Acts, chapter 126.

The following amendments are proposed.

ITEM 1. Amend rule 281—97.1(257) by adopting the following new definition in alphabetical order:

“Regional academy” shall mean an educational program established by a school district to which multiple school districts send students in grades seven through twelve. The curriculum shall include advanced–level courses and, in addition, may include vocational–technical programs and a virtual academy.

ITEM 2. Amend subrule 97.2(1), paragraph “d,” first unnumbered paragraph, as follows:

Other than as listed in paragraphs “a” to “d” above and in rules 281—97.3(257) and 281—97.4(257), no other sharing arrangement shall be eligible for supplementary weighting.

ITEM 3. Amend subrule 97.2(6), paragraph “j,” as follows:

j. Students enrolled in courses or programs offered by their resident school districts unless those courses meet the conditions for attending classes in a community college under subrule 97.2(5) or if the teacher is employed by another school district pursuant to subrule 97.2(3) or if a teacher is jointly employed with another school district pursuant to subrule 97.2(4) or if the courses are included in the curriculum of an in–district regional academy pursuant to subrule 97.4(1).

ITEM 4. Amend subrule 97.2(6), paragraph “k,” as follows:

k. Students enrolled in courses or programs taught by teachers employed by their resident school districts unless the employment meets the criteria of joint employment with another school district under subrule 97.2(4) or if the criteria in subrule 97.2(5) are met for students attending class in a community college or if the courses are included in the curriculum of an in–district regional academy pursuant to subrule 97.4(1).

ITEM 5. Amend subrule 97.2(6) by adopting new paragraph “m” as follows:

m. Students enrolled in summer school courses.

ITEM 6. Amend subrule 97.2(7) as follows:

97.2(7) Whole–grade sharing. If all or a substantial portion of the students in any grade are shared with ~~another two~~ one or more school districts for all or a substantial portion of a school day, then no students in that grade level are eligible for supplementary weighting except as authorized by rule 281—97.5(257). No students in the grade levels who meet the criterion in this subrule are eligible for supplementary weighting even in the absence of an agreement executed pursuant to Iowa Code sections 282.10 through 282.12.

a. In a one–way whole–grade sharing arrangement, the receiving district may count its resident students in the grade levels that are whole–grade shared if the resident students are shared pursuant to subrule 97.2(2), 97.2(3), or 97.2(5).

b. In a one–way whole–grade sharing arrangement, the receiving district may not count its resident students in the grade levels that are whole–grade shared pursuant to subrule 97.2(3) if the teacher is employed by the same district that is sending students under the whole–grade sharing arrangement.

ITEM 7. Amend 281—Chapter 97 by adopting the following new rules:

281—97.4(257) Supplementary weighting plan for a regional academy.

97.4(1) Eligibility. Except if listed under subrule 97.2(6), a resident student is eligible for supplementary weighting if the student is eligible to be counted as a resident student for certified enrollment and if all of the following criteria are met:

a. Two or more Iowa school districts, other thana whole–grade sharing partner district, send students toadvanced–level courses that are included in the curriculum of the regional academy, and these students are eligible for supplementary weighting under subrule 97.2(1), paragraph “a” or “c.”

b. The regional academy is located in the district.

c. The grade levels include one or more grades seven through twelve.

d. The curriculum is an organized course of study, adopted by the board, that includes a minimum of twoadvanced–level courses that are not part of a vocational–technical program. An advanced–level course is a course that is above the level of the course units required as minimum curriculum in 281—Chapter 12 in the host district.

e. The resident students are not eligible for supplementary weighting under another supplementary weighting plan.

f. No resident or nonresident students are attending the regional academy under a whole–grade sharing arrangement as defined in subrule 97.2(7).

97.4(2) Weighting. Resident students eligible for supplementary weighting pursuant to subrule 97.4(1) shall be eligible for a weighting of one–tenth of the percent of the pupil’s school day during which the pupil attends courses at the regional academy in which nonresident students are enrolled pursuant to subrule 97.4(1), paragraph “a.” Pursuant to Iowa Code Supplement section 257.11, subsection 6, the portion of time a course utilizes ICN–delivered coursework shall not be eligible for supplementary weighting.

97.4(3) Maximum weighting. The maximum amount of additional weighting for which a school district establishing a regional academy shall be eligible is an amount corresponding to 15 full–time–equivalent pupils.

97.4(4) Additional programs. If all of the criteria in subrule 97.4(1) are met, the regional academy may also include in its curriculum vocational–technical courses or a virtual academy. Notwithstanding subrule 97.4(2), if the Internet connection for a qualified virtual academy is provided through the ICN, that Internet connection shall be deemed to not be a violation of Iowa Code Supplement section 257.11, subsection 6, for purposes of this subrule.

281—97.5(257) Supplementary weighting plan for whole–grade sharing.

97.5(1) Whole–grade sharing. A school district which participates in a whole–grade sharing arrangement executed pursuant to Iowa Code sections 282.10 to 282.12 and which has adopted a board resolution to study dissolution or has adopted a board resolution jointly with all other affected boards to study reorganization to take effect on or before July 1, 2006, is eligible to assign a weighting of one–tenth of the percentage of the pupil’s day during which resident pupils attend classes pursuant to subrule 97.2(1), paragraph “a,” “b,” or “c.”

a. A school district that was participating in a whole–grade sharing arrangement during the budget year beginning July 1, 2000, shall be eligible for supplementary weighting under this subrule for a maximum of two years. Receipt of supplementary weighting for a second year shall be conditioned upon submission of information resulting from the study to the school budget review committee indicating progress toward the objective of dissolution or reorganization on or before July 1, 2006.

b. A school district that was not participating in a whole–grade sharing arrangement during the budget year beginning July 1, 2000, shall be eligible for supplementary weighting under this subrule for a maximum of three years. Receipt of supplementary weighting for the second year and for the third year shall be conditioned upon submission of information resulting from the study to the school budget review committee indicating progress or continued progress toward the objective of dissolution or reorganization on or before July 1, 2006.

97.5(2) Contiguous districts. School districts that adopt a board resolution jointly with all other affected boards to study reorganization must be contiguous school districts. If two or more of the affected districts are not contiguous to each other, all districts separating those districts must be a party to the whole–grade sharing arrangement and the board resolution adopted jointly to study reorganization.

97.5(3) Consecutive years. A school district that is eligible to add a supplementary weighting for resident students attending classes under a whole–grade sharing arrangement pursuant to subrule 97.5(1) is not required to utilize consecutive years. However, the final year in which a supplementary weighting may be added on the third Firday in September for this purpose shall not be later than the school year that begins July 1, 2005.

97.5(4) Change in sharing districts. A school district that is eligible to add a supplementary weighting for resident students attending classes under a whole–grade sharing arrangement pursuant to subrule 97.5(1) may enter into a whole–grade sharing arrangement with one or more different districts for its second or third year of eligible weighting by adopting and filing a new joint board resolution pursuant to this subrule. Establishing a new whole–grade sharing arrangement does not extend the maximum number of years for which a school district is eligible.

97.5(5) Filing board resolutions. Each school district that adopts a board resolution to study dissolution or has adopted a board resolution jointly with all other affected boards to study reorganization shall file a copy of the board resolution with the department of education not later than the third Friday in September on which date the district intends to request supplementary weighting for whole–grade sharing.

97.5(6) Filing progress reports. Each school district that assigned a supplementary weighting to resident students attending class in a whole–grade sharing arrangement and that intends to assign a supplementary weighting to resident students attending class in a whole–grade sharing arrangement in the following year shall file a progress report with the school budget review committee, on forms developed by the department of education, no later than August 1 preceding the third Friday in September on which date the district intends to request supplementary weighting for whole–grade sharing.

a. The progress report shall include, but not be limited to, the following information:

(1) Names of districts with which the district is studying reorganization.

(2) Descriptive information on the whole–grade sharing arrangement.

(3) If the district is studying reorganization, information on whether public hearings have been held, a proposal has been adopted, and an election date has been set.

(4) If the district is studying dissolution, information on whether public hearings have been held, a plan has been approved by the AEA, and an election date has been set.

(5) Description of joint activities of the boards such as planning retreats and community meetings.

(6) Information showing an increase in sharing activities with the whole–grade sharing partners such as curriculum offerings, program administration, personnel, and facilities.

b. The school budget review committee shall consider each progress report at its first regular meeting of the fiscal year and shall accept the progress report or shall reject the progress report with comments. The reports will be evaluated on demonstrated progress within the past year toward reorganization or dissolution.

c. A school district whose progress report is not accepted shall be allowed to submit a revised progress report at the second regular meeting of the school budget review committee. The committee shall accept or reject the revised progress report.

d. If the school budget review committee rejects the progress report and the district does not submit a revised progress report or if the school budget review committee rejects the revised progress report, the school district shall not be eligible for supplementary weighting for whole–grade sharing.

ARC 1647B

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Pursuant to the authority of Iowa Code sections 217.6 and 249A.4 and 2001 Iowa Acts, chapter 191, section 11, subsection 1, and section 49, the Department of Human Services proposes to amend Chapter 51, “Eligibility,” and Chapter 52, “Payment,” Iowa Administrative Code.

These amendments make adjustments to the State Supplementary Assistance program to reflect conversion to a new method of meeting federal requirements to pass along increases in federal Supplemental Security Income (SSI) benefits. Meeting the “pass–along” requirements is a condition of the state’s eligibility to receive federal Medicaid reimbursement.

Federal regulations at 20 Code of Federal Regulations, Subpart T, offer two methods for states to demonstrate that they meet “pass–along” requirements. Iowa has historically used the “total expenditures” method. This method requires states to demonstrate that their total expenditures for supplementary payments in the 12 months beginning with the month of an SSI benefit increase are at least equal to their expenditures for supplementary payments in the 12 months before the SSI increase.

As caseloads fluctuate and budget pressures increase, the “total expenditures” method has become increasingly difficult to maintain. Growth in other programs, such as Medi–caid home– and community–based services waivers, Medi–caid adult rehabilitation services, and assisted living, has affected the number of people qualifying for State Supplementary Assistance, making prediction of expenditures less accurate. At the same time, there is pressure to keep the expenditures as low as possible, since any increase raises the “pass–along” threshold for the succeeding years. As a result, the Department has been forced to make frequent changes in payment levels, sometimes in effect for very short periods. This has been costly to administer and makes planning difficult for facilities and clients.

Therefore, the Department has explored the othermethod for meeting the “pass–along” requirements, the “maintenance–of–payment–levels” method. Under this method, the payment level for each category of supplementary payment must be at least equal to the level in effect in March 1983, increased by any subsequent increases in SSI benefits. All of Iowa’s current payment levels pass this test except for those to people in family–life homes and people with dependent relatives.

The Department has determined that increasing payments for these two categories for calendar year 2002 will result in savings in the long run, by allowing the Department to meet the “pass–along” requirements using the “payment–levels” method. Under this method, the Department will be required to analyze all of the State Supplementary Assistance payment levels each time SSI benefits increase (typically at the annual cost–of–living adjustment) and increase any payments that do not meet the new threshold.

These amendments provide for an increase of $2 per month in payment levels for each category of “dependent person” payments, affecting approximately 885 people, and an increase of $80 per month in the payment level for people in a family–life home, affecting approximately 10 people. These increases are retroactive to January 1, 2002.

The amendments do not provide for waivers in specified situations because the amendments confer a benefit on those affected. There is no provision for a waiver of the amounts set, as everyone should be subject to the same payment amounts.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 1665B. The content of that submission is incorporated by reference.

Any interested person may make written comments on the proposed amendments on or before June 19, 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 sections 249.3 and 249.4 and 2001 Iowa Acts, chapter 191, section 11, subsection 2.

ARC 1648B

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code.

These amendments change the basis of Medicaid reimbursement for rehabilitation agencies from a cost–based system to a fee schedule, consistent with a change in reimbursement policies in the federal Medicare program. Rehabilitation agencies must be certified to participate in Medicare as a condition of participating in Iowa Medicaid, and Medicaid has historically reimbursed these agencies at the Medicare rate. Iowa Medicaid has relied on Medicare cost reports and does not have the resources to begin analyzing cost reports now that Medicare no longer uses them.

These amendments do not provide for waivers in specified situations because not having to complete a cost report is a benefit to providers and because reimbursement rates for all rehabilitation agencies should be based on a uniform methodology.

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

The following amendments are proposed.

ITEM 1. Amend subrule 79.1(2), provider category “rehabilitation agencies,” as follows:

Provider category	Basis of reimbursement	Upper limit
Rehabilitation agencies	~~Retrospective cost–related~~ Fee schedule	~~Fee schedule in effect 6/30/01 less 3%.~~ Medicare fee schedule; refer to 79.1(21).

ITEM 2. Adopt the following new subrule:

79.1(21) Rehabilitation agencies. Subject to the Medi–caid upper limit in 79.1(2), payments to rehabilitation agencies shall be made as provided in the areawide fee schedule established for Medicare by the Centers for Medicare and Medicaid Services (CMS). The Medicare fee schedule is based on the definitions of procedures from the physicians’ Current Procedural Terminology (CPT) published by the American Medical Association. CMS adjusts the fee schedules annually to reflect changes in the consumer price index for all urban customers.

ARC 1656B

NATURAL RESOURCE COMMISSION[571]

Notice of Intended Action

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 53, “Controlled Hunting Areas,” Iowa Administrative Code.

These rules give the regulations for controlled waterfowl hunting at certain public wildlife areas.

Any interested person may make written suggestions or comments on the proposed amendments on or before July 10, 2002. Such written materials should be directed to the Wildlife Bureau Chief, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319– 0034; fax (515)281–6794. Persons who wish to convey their views orally should contact the Division at (515)281–6156 or at the Division offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on July 10, 2002, at 10 a.m. in the Fourth Floor Conference Room of the Wallace State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

Any persons who intend to attend a 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.

These amendments are intended to implement Iowa Code sections 481A.38, 481A.39 and 481A.48.

The following amendments are proposed.

ITEM 1. Rescind and reserve rule 571—53.2(481A).

ITEM 2. Amend rule 571—53.3(481A), introductory paragraph, as follows:

571—53.3(481A) Waterfowl hunting on Lake Odessa. The following regulations shall be in effect during ~~waterfowl seasons~~ duck season only on Lake Odessa, Louisa County, Iowa.

ITEM 3. Amend subrule 53.3(1) by rescinding and reserving paragraph “b.”

ARC 1636B

PROFESSIONAL LICENSURE DIVISION[645]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 147.76, the Board of Barber Examiners hereby gives Notice of Intended Action to rescind Chapter 20, “Barber Examiners,” adopt new Chapter 20, “Administrative and Regulatory Authority for the Board of Barber Examiners,” and amend Chapter 26, “Fees,” Iowa Administrative Code.

The proposed amendments rescind the current chapter and adopt new rules concerning the purpose of the Board, organization and proceedings of the Board, official communications, office hours, and public meetings and amend the reexamination fee for barber examinations.

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.

Any interested person may make written comments on the proposed amendments no later than June 20, 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 on June 20, 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, 158 and 272C.

The following amendments are proposed.

ITEM 1. Rescind 645—Chapter 20 and adopt the following new chapter in lieu thereof:

CHAPTER 20
ADMINISTRATIVE AND REGULATORY AUTHORITY
FOR THE BOARD OF BARBER EXAMINERS

645—20.1(17A) Definitions.

“Board” means the board of barber 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 barbering.

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

645—20.2(17A) Purpose of board. The purpose of the board is to administer and enforce the provisions of Iowa Code chapters 17A, 147, 158 and 272C with regard to the practice of barbers. 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:

20.2(1) Licensing qualified applicants by examination, renewal, endorsement, and reciprocity.

20.2(2) Developing and administering a program of continuing education to ensure the continued competency of individuals licensed by the board.

20.2(3) Imposing discipline on licensees as provided by statute or rule.

645—20.3(17A,147,272C) Organization of board and proceedings.

20.3(1) The board is composed of five members appointed by the governor and confirmed by the senate.

20.3(2) The members of the board shall include three members who are licensed to practice barbering, and two members who are not licensed to practice barbering and who shall represent the general public.

20.3(3) The board shall elect a chairperson, vice chairperson, and secretary from its membership at the first meeting after April 30 of each year.

20.3(4) The board shall hold at least one meeting annually.

20.3(5) A majority of the members of the board shall constitute a quorum.

20.3(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.

20.3(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.

20.3(8) The board has the authority to:

a. Develop and implement a program of continuing education to ensure the 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 barbering 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 licensees who are restricted by a board order.

h. Perform any other functions authorized by a provision of law.

645—20.4(17A) Official communications.

20.4(1) All official communications, including submissions and requests, may be addressed to the Board of Barber Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

20.4(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.

20.4(3) Notice of change of name. Each licensee shall notify the board of any change of name within 30 days after changing the name. Notification requires a notarized copy of a marriage license or a notarized copy of court documents.

645—20.5(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—20.6(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.

20.6(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.

20.6(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, 147, 158 and 272C.

ITEM 2. Amend subrule 26.1(4) as follows:

26.1(4) ~~Reexamination~~ Examination fee is ~~$75~~ $50.

ARC 1660B

PROFESSIONAL LICENSURE DIVISION[645]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 147.76, the Board of Cosmetology Arts and Sciences Examiners hereby gives Notice of Intended Action to amend Chapter 60, “Licensure of Cosmetologists, Electrologists, Estheticians, Manicurists, Nail Technologists, and Instructors of Cosmetology Arts and Sciences,” and rescind Chapter 63, “Requirements for Salons and Schools of Cosmetology Arts and Sciences,” and adopt new Chapter 63, “Sanitation for Salons and Cosmetology Schools,” Iowa Administrative Code.

The proposed amendments adopt new rules on sanitation for salons and cosmetology schools and amend subrule 60.2(1) by deleting the Board’s Web site address because application forms must be obtained directly from Experior Assessment.

The Division revised these rules in accordance with Executive Order Number 8. The Division sent letters to cosmetology schools, associations and selected salons. Six letters were received in return. Division staff and board members also had input on these rules. The Board discussed the comments that were received and made decisions based on need, clarity, intent and statutory authority and fairness.

Any interested person may make written comments on the proposed amendments no later than June 18, 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 on June 18, 2002, from 2 to4 p.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, 157 and 272C.

The following amendments are proposed.

ITEM 1. Amend subrule 60.2(1), paragraph “a,” as follows:

a. Complete a board–approved application form. Application forms may be obtained ~~from the board’s Web site (www.idph.state.ia.us/licensure) or~~ directly from Experior Assessment, LLC, 1360 Energy Park Drive, Saint Paul,Minnesota 55108–5252. All applications shall be sent toExperior Assessment at the above address.

ITEM 2. Rescind 645—Chapter 63 and adopt the following new chapter in lieu thereof:

CHAPTER 63
SANITATION FOR SALONS AND
COSMETOLOGY SCHOOLS

645—63.1(157) Definitions. For purposes of these rules, the following definitions shall apply:

“Disinfectant” means an agent intended to destroy or irreversibly inactivate specific viruses, bacteria, or pathogenic fungi, but not necessarily their spores, on inanimate surfaces.

“Disinfection” means the procedure that kills pathogenic microorganisms, but not necessarily their spores.

“Dispensary” means a separate area to be used for storing and dispensing of supplies and sanitizing of all implements.

“FDA” means the federal Food and Drug Administration.

“Germicide” means an agent that destroys germs.

“Sanitization” means the procedure that reduces the level of microbial contamination so that the item or surface is considered safe.

“School” means a school of cosmetology arts and sciences.

“Sterilization” means the procedure that kills all microorganisms, including their spores.

“Universal precautions” means practices consistently used to prevent exposure to blood–borne pathogens and the transmission of disease.

645—63.2(157) Posting of sanitation rules and inspection report. A copy of the most current sanitation rules and the most recent inspection report shall be posted in a conspicuous place in the salon or school for the information and guidance of all persons employed or studying therein and the general public.

645—63.3(157) Display of licenses.

63.3(1) The license of the salon or school along with the current renewal shall be posted and visible to the public.

63.3(2) The original license, duplicate license or temporary permit, and the current renewal certifying that the practitioner is licensed or the trainee is certified by the board shall be visibly displayed for each licensee or trainee. An agent of the board may request a photo I.D. for verification.

645—63.4(157) Responsibilities of salon owners. Each salon owner shall ensure that:

1. Individuals employed for cosmetology services hold a current and valid license or temporary work permit issued by the board or the board of barber examiners; and

2. Licensees employed by the salon do not exceed their scope of practice.

645—63.5(157) Building standards. Salons and schools shall provide:

1. A service area that is equipped with exhaust fans or air filtration equipment that is of sufficient capacity to be capable of removing chemical fumes from the air;

2. A separate area for storing and dispensing of supplies and sanitizing of all implements;

3. A separate area to be used as a reception area;

4. A supply of hot and cold running water and clean lavatory facilities;

5. A supply of safe drinking water;

6. Hand–washing facilities;

7. Adequate lighting; and

8. Work surfaces that are easily cleaned.

645—63.6(157) Salons in residential buildings.

63.6(1) A salon located in a residential building shall comply with all requirements in rule 645—63.5(157).

63.6(2) A separate entrance shall be maintained for salon rooms in a residential building. An exception is that an entrance may allow passage through a non–living area of the residence, i.e., hall, garage or stairway. Any door leading directly from the licensed salon to any portion of the living area of the residence shall be closed at all times during business hours.

645—63.7(157) Salons adjacent to other businesses. A salon operated adjacent to any other business shall be separated by at least a partial partition. When the salon is operated immediately adjacent to a business where food is handled, such establishment shall be entirely separated and any doors between the salon and the business shall be rendered unusable except in an emergency.

645—63.8(157) Smoking.

63.8(1) No smoking by any licensee or student is allowed while the licensee or student is actively engaged in serving the public.

63.8(2) An entire salon may be designated by the salon owner or manager as a nonsmoking area.

63.8(3) The clinical and dispensary areas of the salons shall be designated as nonsmoking areas.

63.8(4) No person shall smoke or carry lighted smoking material in a nonsmoking area.

63.8(5) Signs must be posted indicating smoking and nonsmoking areas.

645—63.9(157) Personal cleanliness.

63.9(1) All licensees or students that engage in serving the public shall be neat and clean in person and attire.

63.9(2) All licensees performing services shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before serving each patron.

645—63.10(157) Universal precautions. All licensees shall practice universal precautions consistently by observing the following:

1. Place used needles, razor blades and other sharp instruments in a puncture–resistant container for disposal. These containers shall be located as close to the use area as is practical.

2. Wear disposable gloves to prevent exposure to blood, body fluids containing visible blood, or body fluids to which universal precautions apply.

3. Immediately and thoroughly wash hands and other skin surfaces that are contaminated with blood and other body fluids to which universal precautions apply.

4. Refrain from all direct client care and from handling client–care equipment if the licensee has weeping dermatitis or draining lesions.

5. Properly dispose of all instruments or implements that penetrate or puncture the skin.

6. Disinfect all instruments or implements that do not penetrate or puncture the skin.

645—63.11(157) Minimum equipment and supplies. Salons and schools shall provide:

1. At least one covered waste receptacle for the disposal of all waste including hair;

2. Closed receptacles to hold all soiled towels, gowns and sheets;

3. Clean storage area to hold all clean towels; and

4. Disinfectant solution, stored in the dispensary area, for disinfecting instruments and equipment.

645—63.12(157) Disinfecting nonelectrical instruments and equipment.

63.12(1) Before use upon a client, all nonelectrical instruments shall be disinfected by an EPA–registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity and used according to the manufacturer’s instructions.

a. All disinfected instruments shall be stored in a clean, covered place.

b. All instruments that have been used on a client or soiled in any manner shall be placed in a proper receptacle.

63.12(2) If the nonelectrical instruments and equipment specified in this rule are sterilized in accordance with the requirements outlined in rule 645—63.15(157), the requirements of this rule shall be fulfilled.

645—63.13(157) Disinfecting electrical instruments. Clippers shall be disinfected prior to each use with an EPA–registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity and used according to the manufacturer’s instructions.

645—63.14(157) Instruments and supplies that cannot be disinfected. All instruments and supplies that come into direct contact with a patron and cannot be disinfected, for example, cotton pads, sponges, emery boards, and neck strips, shall be disposed of in a closed waste receptacle immediately after use.

645—63.15(157) Sterilizing instruments. Before use upon a patron in schools and salons, each electrolysis needle or tweezers and comedone extractor shall be first cleaned with detergent and water and then sterilized by one of the following methods:

1. Steam sterilizer, registered and listed with the FDA and used according to the manufacturer’s instructions;

2. Dry heat sterilizer, registered and listed with the FDA and used according to the manufacturer’s instructions; or

3. Sterilization equipment, calibrated to ensure that it reaches the temperature required by manufacturer’s instructions.

645—63.16(157) Sanitizing method for creams, cosmetics, dusters and styptics.

63.16(1) Creams and cosmetics used for patrons must be kept in closed, labeled containers. All creams, makeups and other semisolid substances shall be removed from containers with a clean, sanitized applicator. Applicators made of a washable, nonabsorbent material shall be sanitized before being used again. Applicators made of wood shall be discarded after one use.

63.16(2) The use of a styptic pencil is strictly prohibited; its presence in the workplace shall be prima facie evidence of its use. Any material used to stop the flow of blood shall be used in liquid or powder form.

63.16(3) Nail buffers.

a. A nail buffer that can be sanitized may be used more than once, but must be sanitized before use on the next client.

b. If a nail buffer cannot be sanitized, the nail buffer shall not be used for more than one client. The presence of such buffers in the workplace shall be prima facie evidence of use.

63.16(4) All fluids, semifluids and powders must be dispensed with an applicator or from a shaker, dispenser pump, or spray–type container.

645—63.17(157) Disposal of materials.

63.17(1) Any disposable material that would release blood or other potentially infectious materials in a liquid or semiliquid state if compressed shall be placed in a red hazardous waste bag and disposed of in accordance with the regulation for removal of hazardous waste.

63.17(2) Any disposable sharp objects that come in contact with blood or other body fluids shall be disposed of in a red, sealable, rigid container (punctureproof) that is clearly labeled for disposal of hazardous waste sharps.

63.17(3) Hazardous waste containers and bags shall be available for use at all times when services are being performed. The absence of containers shall be prima facie evidence of noncompliance.

63.17(4) Emery boards, cosmetic sponges, applicators and orangewood sticks must be discarded after use or given to the client.

645—63.18(157) Prohibited hazardous substances and use of products. No salon or school shall have on the premises cosmetic products containing substances which have been banned or otherwise deemed hazardous or deleterious by the FDA for use in cosmetic products. Prohibited products include, but are not limited to, any product containing liquid methyl methacrylate monomer and methylene chloride. No product shall be used in a manner that is not approved by the FDA. The presence of the product in a salon or school is prima facie evidence of that product’s use in the salon or school.

645—63.19(157) Proper protection of neck. A shampoo apron, haircloth, or similar article shall not be placed directly against the neck of the patron but shall be kept from direct contact with the patron by means of a paper neckband or clean towel. A neckband of paper shall not be used more than once. Towels or cloth neckbands shall not be used more than once without proper laundering.

645—63.20(157) Proper laundering and storage. All cloth towels, robes and similar items shall be laundered in a washing machine with laundry detergent used according to manufacturer’s directions. A clean storage area shall be provided for clean towels and linen, and a hamper or receptacle must be provided for all soiled towels, robes and linens.

645—63.21(157) Pets. Dogs (except dogs providing assistance to individuals with physical disabilities), cats, birds, or other animals shall not be permitted in a salon. This rule does not apply to fish in an aquarium provided the aquarium is maintained in a sanitary condition.

645—63.22(157) Workstations.

63.22(1) All workstations shall be covered with nonabsorbent, washable material.

63.22(2) Workstations and flooring in work areas shall be kept clean.

645—63.23(157) Records. Client records and appointment records shall be maintained for a period of no less than three years following the last date of entry. Proper safeguards shall be provided to ensure the safety of these records from destructive elements.

645—63.24(157) Salons providing electrology. A salon in which electrology is practiced shall follow the sanitation rules and requirements pertaining to all salons and shall also meet the following requirements:

1. The electrology room shall have adequate space, lighting and ventilation.

2. The floors in the immediate area where the electrology is performed shall have an impervious, smooth, washable surface.

3. All service table surfaces shall be constructed on impervious, easily cleanable material.

4. Needles shall be single–client use and disposable, or the needles shall be sterilized before use on the next client.

These rules are intended to implement Iowa Code sections 147.7, 147.46, 157.6, and 157.14.

ARC 1637B

PROFESSIONAL LICENSURE DIVISION[645]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 147.76, the Board of Respiratory Care Examiners hereby gives Notice of Intended Action to adopt new Chapter 265, “Practice of Respiratory Care Practitioners,” Iowa Administrative Code.

The proposed amendment adopts new rules covering code of ethics, intravenous administration and polysomnography testing.

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

Any interested person may make written comments on the proposed amendment no later than June 18, 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 on June 18, 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 amendment.

This amendment is intended to implement Iowa Code chapters 147 and 152B.

The following new chapter is proposed.

CHAPTER 265
PRACTICE OF RESPIRATORY CARE
PRACTITIONERS

645—265.1(152B,272C) Code of ethics.

265.1(1) The respiratory care practitioner shall practice acceptable methods of treatment and shall not practice beyond the competence or exceed the authority vested in the practitioner by physicians.

265.1(2) The respiratory care practitioner shall continually strive to increase and improve knowledge and skill and shall render to each patient the full measure of the practitioner’s ability. All services shall be provided with respect for the dignity of the patient, regardless of the patient’s social or economic status or personal attributes or the nature of the patient’s health problems.

265.1(3) The respiratory care practitioner shall be responsible for the competent and efficient performance of assigned duties and shall expose incompetent, illegal or unethical conduct of members of the profession.

265.1(4) The respiratory care practitioner shall hold in confidence all privileged information concerning the patient and refer all inquiries regarding the patient to the patient’s physician.

265.1(5) The respiratory care practitioner shall not accept gratuities and shall guard against conflict of interest.

265.1(6) The respiratory care practitioner shall uphold the dignity and honor of the profession and abide by its ethical principles.

265.1(7) The respiratory care practitioner shall have knowledge of existing state and federal laws governing the practice of respiratory therapy and shall comply with those laws.

265.1(8) The respiratory care practitioner shall cooperate with other health care professionals and participate in activities to promote community, state, and national efforts to meet the health needs of the public.

645—265.2(152B,272C) Intravenous administration. Starting an intravenous line or administering intravenous medications is not considered a competency within the scope of a licensed respiratory care practitioner. However, this rule does not preclude someone from performing intravenous administration under the auspices of the employing agency if formal training is acquired and documented.

645—265.3(152B,272C) Polysomnography testing. Licensure as a respiratory care practitioner is not required for a person who administers oxygen or pressure therapy during a formal polysomnogram if the person is working in a formal sleep laboratory under the direct supervision of a licensed Iowa physician as defined under Iowa Code chapter 148.

These rules are intended to implement Iowa Code chapters 147 and 152B.

ARC 1632B

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 135.11(1), the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 74, “Family Planning Services,” Iowa Administrative Code.

The purpose of revising Chapter 74 is to update the language to reflect the current Department organization and current program policies.

Any interested person may make written or oral suggestions or comments on these proposed amendments on or before June 18, 2002. Comments should be directed to Julie McMahon, Director, Division of Community Health, Department of Public Health, Lucas State Office Building, Fifth Floor, Des Moines, Iowa 50319–0075; telephone (515) 281–3104 or fax (515)242–6384.

Also, there will be a public hearing on Monday, June 24, 2002, from 10 to 11 a.m. in Room 518, Lucas State Office Building, 321 East 12th Street, Des Moines. Any changes to the public hearing arrangements shall be posted on the Department’s Web page (www.idph.state.ia.us). Persons may present their views either orally or in writing at the public hearing. Persons desiring to make oral presentations at the hearing should contact Julie McMahon at least one day prior to the date of the public hearing. A copy of any written comments must be provided and received by the day of the hearing. Written comments may be faxed to (515)242–6384.

These amendments are intended to implement Iowa Code chapter 135.

The following amendments are proposed.

ITEM 1. Amend rule 641—74.1(135) as follows:

641—74.1(135) Program explanation. The Iowa department of public health is a designated agency to operate the family planning program pursuant to an agreement with the federal government. Congress authorized grants to assist in the establishment and operation of family planning projects which offer a broad range of acceptable and effective family planning methods, including natural family planning, infertility services and services to adolescents. The majority of the funding available is from the Title X, family planning services grant, administered by the United States Department of Health and Human Services (DHHS).

The purpose of the program is to promote the health of persons of reproductive age and families by providing access to family planning and reproductive health promotion services.

The department, ~~family services~~ bureau of family health, enters into contracts with selected ~~contract~~ private and public agencies within the department family planning service area ~~on an annual basis~~ for the provision of family planning services ~~to eligible participants~~. A description of the department family planning service area can be obtained from the ~~Division Director, Family and Community Health Division~~ Chief, Bureau of Family Health, ~~Iowa~~ Department of Public Health, ~~Third Floor,~~ Lucas State Office Building, Des Moines, Iowa 50319–0075.

The maternal and child health (MCH) advisory council advises the department director regarding family planning services provided by the department. The MCH advisory council assists in the development of the MCH and family planning grant applications (state plan), including assessment of need, prioritization of services, establishment of objectives, and encouragement of public support for MCH and family planning programs. The MCH advisory council supports the development of special projects and conferences and advocates for health and nutrition services for women and children. The ~~membership is appointed by the department director.~~ assists in the development of the state plan for MCH, including children with special health care needs and family planning. The advisory council assists with the assessment of need, prioritization of services, establishment of objectives, and encouragement of public support for MCH and family planning programs. In addition, the advisory council advises the director regarding health and nutrition services for women and children, supports the development of special projects and conferences and advocates for health and nutrition services for women and children. The director appoints the council membership. Membership shall include parents of and service providers for children with special health care needs. Council membership shall also include the chairs, or designees, of the department’s advisory committee for perinatal guidelines and the birth defects advisory committee to ensure coordination of each committee’s respective issues and priorities. The chair of the family services grantee committee or the designee of the chair may serve as an ex officio member of the council.

ITEM 2. Amend rule 641—74.2(135) as follows:

641—74.2(135) Adoption by reference. Federal regulations found at 42 CFR Subpart A, Part 59, ~~published in the Federal Register on June 3, 1980,~~ and the Program Guidelines for Project Grants for Family Planning Services shall be the ~~rules~~ regulations governing the Iowa family planning program and are incorporated by reference herein.

The department finds that certain rules should be exempted from notice and public participation as being a very narrowly tailored category of rules for which notice and public participation are unnecessary as provided in Iowa Code section 17A.4(2). Such rules shall be those that are mandated by federal law governing the Iowa family planning program where the department has no option but to adopt such rules as specified and where federal funding for the family planning program is contingent upon the adoption of the rules.

Copies of the federal ~~legislation~~ regulations adopted by reference are available from the ~~Division Director, Family and Community Health Division~~ Chief, Bureau of Family Health, ~~Iowa~~ Department of Public Health, ~~Third Floor,~~ Lucas State Office Building, Des Moines, Iowa 50319–0075.

ITEM 3. Amend rule 641—74.4(135), definitions of “Medicaid,” “Performance standards,” and “Title X,” as follows:

“Medicaid” means ~~services provided for~~ the Medicaid program authorized by Title XIX of the Social Security Act and funded through the Iowa department of human services from DHHS.

“Performance standards” means criteria or indicators of the quality of service provided or the capability of an agency to provide services in a cost–effective or efficient manner as defined in “Iowa Department of Public Health Family Planning ~~Quality Assurance Program~~ Manual” and the federal regulations found at 42 CFR Subpart A, Part 59, ~~published in the Federal Register on June 3, 1980,~~ and the Program Guidelines for Project Grants for Family Planning Services.

“Title X” means the federal requirements contained in ~~the federal regulations found in~~ 42 CFR Subpart A, Part 59, ~~published in the Federal Register on June 3, 1980,~~ and the Program Guidelines for Project Grants for Family Planning Services.

ITEM 4. Amend rule 641—74.5(135) as follows:

641—74.5(135) Grant application procedures for contract agencies. Notification of the availability of funds and grant application procedures will be provided in accordance with the department rules found in 641—Chapter 176. Eligible applicants include only private nonprofit or public agencies. ~~Contract~~ Private nonprofit or public agencies ~~wishing~~ seeking to provide Title X family planning center services shall file a letter of intent to make application to the department no later than April 1 of the competitive year. The request for proposals shall identify the project period and the contract period. Contract agencies are selected on the basis of the grant applications submitted to the department. In the case of competing applications, the contract will be awarded to the applicant that scores the highest number of points in the review. Copies of review criteria are available from the Chief, Bureau of Family Health, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075. ~~Agencies shall apply to administer family planning programs for a three–year period, with an annual continuation application. The contract period shall be from October 1 to September 30 annually.~~ All materials submitted as part of the grant application are considered public records in accordance with Iowa Code chapter 22, after a notice of award is made by the department. ~~Notification of the availability of funds and grant application procedures will be provided in accordance with the department rules found in 641—Chapter 176.~~

Contract agencies are selected on the basis of the grant applications submitted to the department. The department will consider only applications from private nonprofit or public agencies. In the case of competing applications, the contract will be awarded to the applicant that scores the highest number of points in the review. Copies of review criteria are available from the Bureau Chief, Family Services Bureau, Iowa Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

ITEM 5. Amend rule 641—74.6(135) as follows:

641—74.6(135) Funding levels for ~~continuing projects~~ contract agencies. The amount of funds available to each contract agency on an annual basis shall be determined by the department using a methodology based upon dollars available, number of clients enrolled, and selected needs criteria.

ITEM 6. Amend subrule 74.7(1) as follows:

74.7(1) Performance standards. The ~~state agency~~ department shall establish performance standards that contract agencies shall meet in the provision of public health services in addition to meeting all federal requirements. The performance standards for community–based agencies ~~were~~ are published in the document “Iowa Department of Public Health Family Planning ~~Quality Assurance Program~~ Manual.” Copies of the performance ~~criteria~~ standards are available from the ~~chief of the family services bureau~~ Chief, Bureau of Family Health, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075. Contract agencies that do not meet the ~~minimum~~ performance standards shall not be eligible for continued funding as a family planning agency unless the contract agency has secured an exception.

ITEM 7. Amend subrule 74.7(3) as follows:

74.7(3) ~~Waivers~~ Exception. An agency that does not meet a performance standard or fails to meet action plans as approved by the department may be granted ~~a waiver~~ an exception for up to one year in order to improve performance. Such ~~a waiver~~ an exception must be requested in writing. If granted, the ~~waiver~~ approval for the exception will include the conditions necessary for the successful completion of the standard, a time frame, and additional reporting requirements. The procedures for applying for and approving ~~of a waiver~~ an exception are outlined in the “Iowa Department of Public Health Family Planning ~~Quality Assurance Program~~ Manual.”

ITEM 8. Amend rule 641—74.8(135) as follows:

641—74.8(135) Reporting. ~~Completion of~~ Contract agencies shall complete grant applications, ~~budgets~~ a budget, expenditure reports, ~~performance standards reports~~ an annual progress report, a family planning annual report, and data forms in compliance with the terms of the contract ~~with thedepartment and the federal family planning annual report is required~~.

ITEM 9. Amend subrules 74.9(2) to 74.9(4) as follows:

74.9(2) Program income. Program income means gross income earned by the contractor from activities in which part or all of the cost is either borne as a direct cost by a grant or counted as a direct cost toward providing services. It includes but is not limited to such income in the form of Title XIX and Title XX fees for services, third–party reimbursements, client fees, and proceeds from sales of tangible, personal or real property.

Program income shall be used for allowable costs of the project. Program income shall be used ~~before grant~~ prior to the use of funds received from the department. Excess program income may be retained to ~~build~~ establish a three–month operating capital. Program income shall be used during the current fiscal year or the following fiscal year. Five percent of unobligated program income may be used by the contract agency for special purposes or projects provided such use furthers the mission of the ~~grant~~ family planning program and does not violate state rules or federal ~~rules~~ regulations governing the program.

74.9(3) Advances. A contract agency may request an advance up to one–sixth of its contract at the beginning of a contract year. The amount of any advance shall be deducted prior to the end of the fiscal year.

74.9(4) Subcontracts. Contract agencies may subcontract a portion of the project activity to another entity provided such subcontract is approved by the ~~state agency~~ depart–ment. ~~Subcontracting~~ Subcontract agencies must follow the same rules, procedures, and policies as required of the contract agency by these rules and contract with the ~~state agency~~ department. The contract agency is responsible for ensuring the compliance of the subcontract agency. Subcontract agencies may not subcontract these project activities with other entities.

ITEM 10. Amend rule 641—74.10(135) as follows:

641—74.10(135) Audits. ~~Each~~ Every two years, each contract agency shall ~~ensure an~~ undergo financial audit of the family planning program. ~~within their agency at least every two years, to be~~ The audit shall be conducted ~~to comply~~ in compliance with OMB Circular ~~A–128 Audits of State and Local Governments or OMB Circular~~ A–133, Audits of ~~Institutions of Higher Education~~ States, Local Governments, and ~~other~~ Nonprofit ~~Institutions~~ Organizations. Each audit shall cover all unaudited periods through the end of the previous grant year. The department’s audit guide should be followed to ensure an audit which meets federal and state requirements.

ITEM 11. Amend subrule 74.120(1) as follows:

74.12(1) Appeal. The appeal shall be made in writing to the department within ten days of receipt of notification of the adverse action. Notice is to be addressed to the ~~Division~~ Director, Division of ~~Family and~~ Community Health ~~Division~~, ~~Iowa~~ Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

ARC 1654B

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 17A.3 and Iowa Code Supplement sections 135.11(28) and 136.3(7), the Department of Public Health hereby gives Notice of Intended Action to adopt new Chapter 112, “Biological Agent Risk Assessment,” Iowa Administrative Code.

The purpose of these rules is to protect the citizens of Iowa from exposure to select biological agents, which are or have the potential to be biological weapons. These rules include the establishment of a biosecurity council to advise the Department on biosecurity issues and to recommend guidelines to protect the citizens of Iowa from exposure to select biological agents.

Any interested person may make written comments or suggestions on the proposed rules on or before June 18, 2002. Such written comments should be directed to Jennifer Schnathorst, Office of Disease Epidemiology and Disaster Preparedness, Department of Public Health, Lucas State Office Building, Sixth Floor, Des Moines, Iowa 50319–0075. Comments may also be sent via E–mail to jschnath@idph. state.ia.us.

Also, there will be a public hearing on Friday, June 21, 2002, at 2 p.m. in the Lucas State Office Building, Fifth Floor, Conference Room 518, 321 E. 12th Street, 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 rules.

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

The Department has determined that these rules are not subject to waiver or variance.

These rules are intended to implement Iowa Code Supplement section 135.11(28).

The following new chapter is proposed.

CHAPTER 112
BIOLOGICAL AGENT RISK ASSESSMENT

641—112.1(135) Purpose. The purpose of a statewide biological agent risk assessment is to protect the citizens of Iowa from exposure to biological agents which are or have the potential to be biological weapons. In order to protect the public health, the department is charged with identifying sources, locations, safety and security of select biological agents.

641—112.2(135) Definitions. For the purposes of these rules, the following definitions shall apply:

“Biological agent” means any microorganism, biological toxin or other biological product, including those agents which are naturally occurring and those which are engi–neered through biotechnology.

“Biosecurity council” or “council” means a council established by the director to advise the department on biosecurity issues and to recommend guidelines to protect the citizens of Iowa from exposure to select biological agents.

“CDC” means the Centers for Disease Control and Prevention.

“Department” means the Iowa department of public health.

“Director” means the director of the Iowa department of public health.

“DOJ” means the federal Department of Justice.

“EMD” means the emergency management division of the department of public defense.

“FBI” means Federal Bureau of Investigation.

“HHS” means the federal Department of Health and Human Services.

“Laboratory” means a facility for the examination of biological, microbiological, serological, chemical, immuno–hematological, hematological, biophysical, cytological or pathological materials or other materials derived from humans, animals, or plants to provide information for the diagnosis, prevention or treatment of any disease or impairment of, or for the assessment of the health of, humans, animals, or plants.

“Lethality” or “L” means the relative power and degree of pathogenicity possessed by organisms to produce disease.

“Select biological agent” means a biological agent identified by the director, upon recommendation from the biosecurity council, for heightened monitoring and security, including but not limited to any biological agent that is listed as a Category A, B, or C biological agent by the Centers for Disease Control and Prevention, any agent identified as a select agent in the Code of Federal Regulations, Title 42, Part 72, Appendix A, and any biological agent identified by the United States Army Medical Research Institute of Infectious Diseases as appropriate for a heightened level of monitoring and security.

“Suitability” or “S” means suitability for weaponization.

“Transmissibility” or “T” means degree of contagion.

“USAMRIID” means the United States Army Medical Research Institute of Infectious Diseases.

“Weaponization” means manipulation of a biological agent to increase the potential for use as a weapon.

641—112.3(135) Biosecurity council established. The director shall appoint a biosecurity council to advise the department on biosecurity issues and to recommend guidelines to protect the citizens of Iowa from exposure to select biological agents.

112.3(1) The council shall, at a minimum, consist of the following members:

a. The director of the department of public health;

b. The governor’s homeland security advisor;

c. The director of the University of Iowa Hygienic Laboratory;

d. A representative from the FBI as made available by the director of the FBI or a representative of the Secret Service as made available by the director of the Secret Service;

e. A representative appointed by the Iowa adjutant general;

f. A representative from the Iowa attorney general’s office;

g. The medical director of the department of public health;

h. The executive director of the office of disease epidemiology and disaster preparedness, department of public health;

i. A microbiologist at the master’s or doctorate level who has expertise in human microbiology;

j. A microbiologist at the master’s or doctorate level who has expertise in zoonosis; and

k. A biological safety professional.

112.3(2) The council shall make recommendations to the department on classification of select biological agents, select biological agent risk assessment guidelines, and security guidelines.

112.3(3) Security guidelines shall be consistent with applicable state and federal laws, including but not limited to specific antiterrorism regulations of HHS and DOJ.

641—112.4(135) Biological agent risk assessment.

112.4(1) Questionnaire.

a. Duty to complete and submit. Any laboratory, clinic, research facility, commercial enterprise, or other entity which possesses select biological agents shall complete and submit to EMD a biological agent risk assessment questionnaire on an annual basis or more frequently as requested by EMD. The questionnaire shall identify the select biological agents possessed and shall contain such other information as required by the department and EMD.

b. Purpose and use. The questionnaires shall be used in the development of the critical asset protection plan prepared pursuant to Iowa Code section 29C.8. EMD shall provide the department with the completed questionnaires for the purpose of preparing relevant security guidelines. The department shall not redisseminate the information contained in the questionnaires.

112.4(2) Assessment criteria. The criteria for assessing the risk of a select biological agent shall be based on current CDC guidelines, recommendations from USAMRIID, recommendations from the biosecurity council, and this subrule.

a. Biological agent rating criteria. Biological agents shall be rated by the department based on the following three categories:

(1) Transmissibility (T). 0 = nontransmissible, 1 = transmissible only by injection, sexual interface or bite, 2 = transmissible by ingestion, 3 = transmissible by air or touch.

(2) Lethality (L). 0 = nonlethal, 1 = 0–25 percent mortality, 2 = 26–50 percent mortality, 3 = 51–100 percent mortality.

(3) Suitability for or degree of weaponization (S). 0 = not suitable, 1 = suitable but not modified, 2 = modified for antibiotic resistance or improved environmental resilience, 3 = modified and packaged for effective delivery on a mass scale.

b. The final rating for a biological agent is determined by adding the score the biological agent received in each of the three categories (T + L + S = biological agent rating).

112.4(3) On–site examination.

a. Notification. The department or its designee may conduct an on–site examination of any premises containing select biological agents. Prior to conducting the on–site examination, the department shall notify the owner or person in charge of the premises.

b. Examination. An on–site examination shall include each of the following components:

(1) A review of laboratory safety and security policies and procedures;

(2) A review of external and internal access to the premises;

(3) A review of access controls to areas where select biological agents are used and stored;

(4) A review of employee, student and visitor access to the premises, including the identification required to access the premises and the method of recording access to the premises;

(5) A review of background and security clearance measures implemented;

(6) A review of the screening process for packages brought into or taken out of the premises;

(7) A review of the emergency plan;

(8) A review of appropriate biocontainment within a laboratory;

(9) A review of the training and knowledge of research staff;

(10) A review of the process for reporting and investigating breach–of–security incidents;

(11) A review of disposal procedures; and

(12) A tour of the premises to view access security, select biological agent locations, storage, inventory, records, coding and database procedures.

c. Administrative search warrant. If the owner or person in charge of the premises refuses admittance to the department’s employee or designee or if the department’s employee or designee is not permitted to conduct a full examination, the department may obtain an administrative search warrant under Iowa Code section 808.14.

112.4(4) Security guidelines. After a biological agent risk assessment questionnaire has been completed and the on–site examination has been conducted, the department shall provide the entity with a biological agent risk assessment report and security guidelines. A select biological agent which is listed as a CDC Category A biological agent or which holds a rating equal to or greater than 5 shall be maintained in accordance with maximum security guidelines as established by the biosecurity council and the director.

112.4(5) Confidentiality. The biological agent risk assessment questionnaire, the biological agent risk report and security guidelines, and any other information provided to or by EMD or the department pursuant to this chapter shall be considered critical asset protection plan information and shall be maintained as confidential pursuant to Iowa Code section 22.7(43).

641—112.5(135) Requests for biological agent information. A laboratory, clinic, research facility, commercial enterprise, or other entity which possesses select biological agents shall respond to written requests from the department regarding the presence, location, and security of biological agents within 30 days of the request. In the event of a disaster emergency, a laboratory, clinic, research facility, commercial enterprise, or other entity which possesses select biological agents shall immediately respond to a request from the department or its designee regarding the presence, location, and security of biological agents.

641—112.6(135) Exceptions. The requirements of this chapter are not applicable to hospital laboratories which possess select biological agents solely as a result of a patient culture provided that the culture is destroyed within seven days after referral to and confirmation by the University of Iowa Hygienic Laboratory or other laboratory approved by the council.

These rules are intended to implement Iowa Code Supplement section 135.11(28).

ARC 1631B

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 147A.4, the Department of Public Health hereby gives Notice of Intended Action to rescind Chapter 130, “Emergency Medical Services Training Grants,” and Chapter 140, “Emergency Medical Services Fund Grants,” and to adopt Chapter 140, “Emergency Medical Services System Development Grants Fund,” Iowa Administrative Code.

Proposed new Chapter 140 simplifies and streamlines the funding process to local EMS services for equipment, training, and EMS system development under a single contract. This allows the Department to eliminate duplicate funding cycles, applications, and contracts associated with various funding streams. Additionally, use of the funds is tied to the strategic planning process involving local entities to tailor the use of the funds to meet the entities’ own unique needs.

The Bureau of EMS has discussed the need to manage sources of EMS funding in a streamlined process during formal and informal meetings over the past four months. The EMS Advisory Council unanimously endorsed the proposal to rescind and replace these rules at its April 10, 2002, meeting.

Consideration will be given to all written suggestionsor comments on the proposed amendments on or before June 18, 2002. Such written comments should be sent to TimPeterson, M.D., EMS Bureau Chief, Department of Public Health, 401 SW 7th Street, Suite D, Des Moines, Iowa 50309.

Also, there will be a public hearing on June 18, 2002, from 1 to 3 p.m. over the Iowa Communications Network (ICN) at which time persons may present their views. Sites participating in the ICN broadcast include the following:

Carroll Community College

906 North Grant Road

Carroll, Iowa

Iowa Department of Public Health

Lucas State Office Building

Sixth Floor ICN Room

321 East 12th Street

Des Moines, Iowa

Carnegie–Stout Public Library

360 West 11th Street

Dubuque, Iowa

Spencer Public Library

21 East Third Street

Spencer, Iowa

Waco High School

611 North Pearl

Wayland, Iowa

These amendments were also Adopted and Filed Emergency and are published herein as ARC 1663B. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code section 135.25.

ARC 1661B

PUBLIC SAFETY DEPARTMENT[661]

Notice of Intended Action

Pursuant to the authority of Iowa Code sections 17A.3 and 321.4, the Department of Public Safety hereby gives Notice of Intended Action to adopt Chapter 55, “Volunteer Fire Fighter Training and Equipment Fund,” Iowa Administrative Code.

The Department of Public Safety has received an appropriation each year since state Fiscal Year 1998 for “costs associated with the training and equipment needs of volunteer fire fighters.” While there is no corresponding language in the Iowa Code, these moneys have been included in an appropriations bill each year and have been administered by the Fire Marshal Division as the Volunteer Fire Fighter Training and Equipment Fund. Consequently, the Department is now proposing to establish administrative rules for the operation of this fund.

A public hearing on these proposed rules will be held on June 21, 2002, at 9:30 a.m. in the Third Floor Conference Room, Wallace State Office Building, East 9th and Grand, Des Moines, Iowa 50319. Persons may present their views orally or in writing at the public hearing. Persons who wish to make oral presentations at the public hearing should contact the Agency Rules Administrator, Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319, by mail, by telephone at (515)281–5524, or by E–mail to admrule@dps.state.ia.us, at least one day prior to the public hearing.

Any written comments or information regarding these proposed rules may be directed to the Agency Rules Administrator by mail or E–mail at the addresses indicated at least one day prior to the public hearing, or submitted at the public hearing. Persons who wish to convey their views orally other than at the public hearing may contact the Agency Rules Administrator by telephone or in person at the Department office at least one day prior to the public hearing.

These rules are intended to implement 1998 Iowa Acts, chapter 1222, section 19(8).

The following new chapter is proposed.

CHAPTER 55
VOLUNTEER FIRE FIGHTER TRAINING
AND EQUIPMENT FUND

661—55.1(17A,77GA,ch1222) Establishment of fund. There is established in the fire marshal division the volunteer fire fighter training and equipment fund. The fund, to the extent of appropriations made available in each state fiscal year, shall provide support for the training and equipment needs of volunteer fire fighters. Funding is available to individual fire departments for equipment and to organizations or individuals delivering training to support courses available at no cost to volunteer fire fighters receiving the training or to their respective departments.

The fire marshal may establish a volunteer fire fighter training and equipment fund advisory committee of persons knowledgeable about the training and equipment needs of volunteer fire fighters and volunteer fire departments to advise on allocation of moneys from the volunteer fire fighter training and equipment fund, including the selection of recipients in competitive situations.

661—55.2(17A,77GA,ch1222) Allocations.

55.2(1) Administrative allocation. Each year, the fire marshal shall allocate a portion of the funds appropriated to the volunteer fire fighter training and equipment fund for administration of the fund, including staff. A portion of the administrative allocation shall be made available to the fire service training bureau to defray the cost of maintaining records of course attendance and completion by volunteer fire fighters, and for related expenses.

55.2(2) Allocation to fire service training bureau. The fire marshal may allocate a portion of the moneys appropriated to the volunteer fire fighter training and equipment fund in any year to the fire service training bureau for the purpose of delivering training courses offered by the fire service training bureau to volunteer fire fighters at no cost to the volunteer fire fighters or their respective fire departments.

55.2(3) Allocation for equipment purchases. The fire marshal may allocate a portion of the moneys appropriated to the volunteer fire fighter training and equipment fund in any year to equipment purchases for volunteer fire departments. Awards of funding to volunteer fire departments for equipment purchases shall be on a competitive basis within guidelines published in an announcement of the availability of these funds.

55.2(4) Allocation to community college consortium. The fire marshal may allocate a portion of the moneys appropriated to the volunteer fire fighter training and equipment fund in any year to a consortium of community colleges to deliver training to volunteer fire fighters at no cost to the fire fighters receiving this training or to their respective fire departments. These funds shall be administered in accordance with an agreement entered into between the department of public safety and community colleges pursuant to Iowa Code chapter 28E.

661—55.3(17A,77GA,ch1222) Awards to private providers of training. Funds appropriated each year to thevolunteer fire fighter training and equipment fund whichremain after the allocations set forth in rule 661— 55.2(17A,77GA,ch1222) have been implemented shall be awarded on a competitive basis to private providers of training to provide training to volunteer fire fighters at no cost to the fire fighters receiving the training or to their respective fire departments.

55.3(1) Funding requests. Requests for funding of training courses instructed by private persons shall be submitted to the Volunteer Fire Fighter Training and Equipment Fund, Fire Marshal Division, Department of Public Safety, 217 East 7th, Des Moines, Iowa 50319, in a format specified by the fire marshal. Requests for funding in any state fiscal year must be received on or before July 15 following the beginning of the fiscal year on July 1.

EXCEPTION: If moneys which have been previously unexpended become available for additional training courses during the course of a fiscal year, notice shall be given to certified fire service instructors of the availability of these moneys. In this event, the deadline for receiving applications shall be as stated in the notice of availability.

55.3(2) Instructor qualifications. Any person instructing a training course paid for by the volunteer fire fighter training and equipment fund shall be certified as a fire service instructor by the fire service training bureau or another organization recognized by the National Board on Fire Service Professional Qualifications, P.O. Box 690632, Quincy, MA 02269, or the International Fire Service Accreditation Congress, 1700 W. Tyler, Oklahoma State University, Stillwater, OK 74078–8075.

EXCEPTION: A person who has applied to the fire service training bureau for certification as a fire service instructor I and who is actively pursuing such certification may instruct a training course paid for by the volunteer fire fighter training and equipment fund, provided that the instruction is delivered under the direct supervision of a person who is currently certified as a fire service instructor I by the fire service training bureau or by another organization recognized by the National Board on Fire Service Professional Qualifications or the International Fire Service Accreditation Congress.

55.3(3) Course approval. Each course paid for by the volunteer fire fighter training and equipment fund must have previously been approved by the fire service training bureau. Any person certified as a fire service instructor I, or who is actively pursuing certification as a fire service instructor I, should contact the fire service training bureau for information about the course approval process at the following address: Fire Service Training Bureau, 3100 Fire Service Rd., Ames, IA 50011–3100.

55.3(4) Course availability. Any course which is approved and funded from the volunteer fire fighter training and equipment fund must be available to any volunteer fire department in the state of Iowa.

55.3(5) Notification. Each person applying for moneys from the volunteer fire fighter training and equipment fund for delivery of training to volunteer fire fighters shall receive notification indicating whether the request has been approved or denied. Any approval of a request for funding is contingent upon the execution of a contract between the department of public safety and the provider of the proposed training course or courses setting out specific terms and conditions for the delivery of the proposed course or courses. Any person whose request for funding is denied may appeal that decision to the commissioner of public safety by filing a written notice of appeal within 14 calendar days of the date on which the notice indicating denial of the request is dated. Appeals of denials of funding shall be treated as contested cases and processed according to the procedures set out in rules 661—10.301(17A) through 661—10.332(17A).

These rules are intended to implement 1998 Iowa Acts, chapter 1222, section 19(8).

NOTICE—USURY

In accordance with the provisions of Iowa Code section 535.2, subsection 3, paragraph “a,” the Superintendent of Banking has determined that the maximum lawful rate of interest shall be:

May 1, 2001 — May 31, 2001 7.00%

June 1, 2001 — June 30, 2001 7.25%

July 1, 2001 — July 31, 2001 7.50%

August 1, 2001 — August 31, 2001 7.25%

September 1, 2001 — September 30, 2001 7.25%

October 1, 2001 — October 31, 2001 7.00%

November 1, 2001 — November 30, 2001 6.75%

December 1, 2001 — December 31, 2001 6.50%

January 1, 2002 — January 31, 2002 6.75%

February 1, 2002 — February 28, 2002 7.00%

March 1, 2002 — March 31, 2002 7.00%

April 1, 2002 — April 30, 2002 7.00%

May 1, 2002 — May 31, 2002 7.25%

June 1, 2002 — June 30, 2002 7.25%

FILED EMERGENCY

ARC 1665B

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code sections 217.6 and 249A.4 and 2001 Iowa Acts, chapter 191, section 11, subsection 1, and section 49, the Department of Human Services hereby amends Chapter 51, “Eligibility,” and Chapter 52, “Payment,” Iowa Administrative Code.

As caseloads fluctuate and budget pressures increase, the “total expenditures” method has become increasingly difficult to maintain. Growth in other programs, such as Medicaid home– and community–based services waivers, Medicaid adult rehabilitation services, and assisted living, has affected the number of people qualifying for State Supplementary Assistance, making prediction of expenditures less accurate. At the same time, there is pressure to keep the expenditures as low as possible, since any increase raises the “pass–along” threshold for the succeeding years. As a result, the Department has been forced to make frequent changes in payment levels, sometimes in effect for very short periods. This has been costly to administer and makes planning difficult for facilities and clients.

Therefore, the Department has explored the othermethod for meeting the “pass–along” requirements, the“maintenance–of–payment–levels” method. Under this method, the payment level for each category of supplementary payment must be at least equal to the level in effect in March 1983, increased by any subsequent increases in SSI benefits. All of Iowa’s current payment levels pass this test except for those to people in family–life homes and people with dependent relatives.

In compliance with Iowa Code section 17A.4(2), the Department of Human Services finds that notice and public participation are unnecessary because these amendments implement 2001 Iowa Acts, chapter 191, section 11, subsection 2, and section 49, which authorize the Department to adopt rules without notice and public participation.

The Department finds that these amendments confer a benefit on the clients affected by increasing payment levels and on the public by ensuring that Iowa can meet the federal “pass–along” requirements. 2001 Iowa Acts, chapter 191, section 11, subsection 2, and section 49, allow the Department to make adjustments to the State Supplementary Assistance program through emergency rules, to be effective immediately upon filing unless a later date is specified. Therefore, these amendments are filed pursuant to Iowa Code sections 17A.5(2)“b”(1) and 17A.5(2)“b”(2).

These amendments are also published herein under Notice of Intended Action as ARC 1647B to allow for public comment.

The Council on Human Services adopted these amendments on May 8, 2002.

These amendments are intended to implement Iowa Code sections 249.3 and 249.4 and 2001 Iowa Acts, chapter 191, section 11, subsection 2.

These amendments will become effective June 1, 2002.

The following amendments are adopted.

ITEM 1. Amend subrule 51.4(1) as follows:

51.4(1) Income. Income of a dependent relative shall be less than ~~$273~~ $275, effective January 1, 2002. When the dependent’s income is from earnings, an exemption of $65 shall be allowed to cover work expense.

ITEM 2. Amend rule 441—52.1(249) as follows:

Amend subrule 52.1(1) as follows:

52.1(1) Protective living arrangement. The following assistance standards have been established for state supplementary assistance for persons living in a ~~protective living arrangement: Family~~ family–life home certified under rules in 441—Chapter 111, effective January 1, 2002.

~~$550.20~~ $630.00		care allowance
$77.00		personal allowance
~~$627.20~~ $707.00		Total

Amend subrule 52.1(2) as follows:

52.1(2) Dependent relative. The following assistance standards have been established for state supplementary assistance for dependent relatives residing in a recipient’s home, effective January 1, 2002.

a. Aged or disabled client and a
dependent relative ~~$818~~ $820

b. Aged or disabled client, eligible
spouse, and a dependent relative ~~$1090~~ $1092

c. Blind client and a dependent relative ~~$840~~ $842

d. Blind client, aged or disabled spouse,
and a dependent relative ~~$1112~~ $1114

e. Blind client, blind spouse, and a
dependent relative ~~$1134~~ $1136

[Filed Emergency 5/9/02, effective 6/1/02]

[Published 5/29/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/29/02.

ARC 1662B

INFORMATION TECHNOLOGY DEPARTMENT[471]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 14B.105, the Information Technology Council hereby amends Chapter 13, “Acquisition of Information Technology Devices and Services,” Iowa Administrative Code.

The amended paragraph corrects a scrivener’s error that reduced a $150,000 figure to $50,000. This correction en–sures compatibility of these standards with those of the Department of General Services.

In compliance with Iowa Code section 17A.4(2), the Department finds that notice and public participation are unnecessary. This amendment merely corrects a scrivener’s error in a previous filing (see ARC 1481B, IAB 3/20/02).

Pursuant to Iowa Code section 17A.5(2)“b”(2) and (3), this amendment became effective upon filing with the Administrative Rules Coordinator on May 10, 2002. The Department finds that this amendment confers a benefit upon the public by correcting the Department’s error in the previous filing. This correction ensures that the public does not receive inaccurate information.

The paragraph is amended to conform with Department of General Services 401—Chapter 12, which intends to implement the Accountable Government Act.

This amendment is intended to implement Iowa Code chapter 14B.

This amendment became effective May 10, 2002.

The following amendment is adopted.

Amend paragraph 13.5(2)“c” as follows:

c. Acquisition of information technology services with an estimated annual cost between $5,000 and $50,000 or an estimated cost over the life of the contract including optional renewals in amounts between $15,000 and ~~$50,000~~ $150,000 are subject to either informal or formal competition.

[Filed Emergency 5/10/02, effective 5/10/02]

[Published 5/29/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/29/02.

ARC 1664B

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby rescinds Chapter 104, “Wildlife Importation and Transportation,” Iowa Administrative Code, and adopts a new Chapter 104 with the same title.

The new chapter imposes a four–month moratorium on importing live, adult white–tailed deer into Iowa, places restrictions on importing deer carcasses from areas where chronic wasting disease is endemic, and requires new game breeders and shooting preserves to purchase white–tailed deer only within the state of Iowa for a period of one year. These rules will give the Department time to assess the threat of chronic wasting disease to captive and wild white–tailed deer and to develop a testing and health certification program. These new rules are necessary to provide for the safety and welfare of the public and the safety, health and welfare of animal populations, whether wild or captive, found in Iowa.

In compliance with Iowa Code section 17A.4(2), the Commission finds that notice and public participation are contrary to the public interest because the health of wild animals and domestic livestock may be jeopardized if these rules are not made effective immediately.

In compliance with Iowa Code section 17A.5(2)“b”(2), the Commission finds that this chapter must be made effective immediately upon filing on May 9, 2002, because it confers a benefit to the public.

These rules are intended to implement Iowa Code sections 481A.47, 481A.62, and 484B.12.

These rules became effective May 9, 2002.

The following amendment is adopted.

Rescind 571—Chapter 104 and adopt the following new chapter in lieu thereof:

CHAPTER 104
WILDLIFE IMPORTATION AND TRANSPORTATION

571—104.1(481A) Definitions.

“Brucellosis” means bovine brucellosis.

“Certificate of veterinary inspection” means an approved certificate of veterinary inspection which is a legible record accomplished on an official form of the state or province of origin, issued by a licensed, accredited veterinarian and approved by the livestock sanitary official of the state or province of origin; or an equivalent form of the U. S. Department of Agriculture issued by a federally employed veterinarian.

“Cervids” means any member of the Cervidae family, whether free ranging or captive, except those classified as farm deer by Iowa Code section 481A.1(20)“h.” Only members of the species Dama dama (fallow deer), Cervus nippon (sika deer), and captive Cervus elaphus (elk and red deer) are not included.

“CWD” means chronic wasting disease.

“Deer” means any deer belonging to the genus odocoileus, i.e., white–tailed deer, mule deer and black–tailed deer. This includes any sperm or eggs from deer belonging to the genus odocoileus.

“Department” means the department of natural resources or designee.

“Endemic area” means an area or portion of a state or province where CWD or TB has been confirmed in either wild or captive deer. The endemic area shall be determined by the state veterinarian or designee of the state or province of the deer’s origin.

“TB” means bovine tuberculosis.

571—104.2(481A) Prohibited movement of live deer and cervid carcasses.

104.2(1) Live deer. For a period of four months from May 9, 2002, a person shall not, directly or indirectly, transport or cause to be transported into the state of Iowa any live, adult deer originating from outside the state unless the deer originated from a herd certified to be free of CWD and TB by a state agency delegated the authority to make such a certification. Fawns born during 2002 may be imported as long as they meet all other health certifications imposed by 21— Chapter 64.

104.2(2) Cervid carcasses. The importation into Iowa of cervid carcasses from a CWD endemic area is prohibited, except for the meat from which all bones have been removed, the cape (skin), and antlers. Antlers may be attached to a clean skull plate from which all brain tissue has been removed.

571—104.3(481A) Importation and transportation of deer from certified herds.

104.3(1) Deer may be transported into or across the state of Iowa only when accompanied by a certificate of veterinary inspection. The owner of deer that remain in Iowa shall retain all certificates of veterinary inspection.

104.3(2) All deer transported into Iowa must be in compliance with the uniform methods and rules set forth in U. S. Department of Agriculture, Animal and Plant Health Inspection Service bulletins 91–45–001, “Tuberculosis Eradication in Cervidae,” (effective February 3, 1989), 91–45–005 (effective May 15, 1994, including 1996 amendments) and 91–45–12, “Brucellosis in Cervidae,” (effective September 30, 1998).

104.3(3) All deer transported into Iowa must be in compliance with CWD regulations as outlined in 21—Chapter 64.

571—104.4(481A) Purchase of deer by newly established deer breeding facilities and hunting preserves. For a period of one year from May 9, 2002, a deer breeding facility or shooting preserve that is licensed after May 9, 2002, may purchase deer only within the state of Iowa.

571—104.5(481A) Inspection. The department may inspect any shipment of deer and accompanying certificate of veterinary inspection or shipment documentation. The department may quarantine or destroy any deer that are found to be infected with CWD or TB.

These rules are intended to implement Iowa Code sections 481A.47, 481A.62 and 484B.12.

[Filed Emergency 5/9/02, effective 5/9/02]

[Published 5/29/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/29/02.

ARC 1663B

PUBLIC HEALTH DEPARTMENT[641]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 147A.4, the Department of Public Health hereby rescinds Chapter 130, “Emergency Medical Services Training Grants,” and Chapter 140, “Emergency Medical Services Fund Grants,” and adopts new Chapter 140, “Emergency Medical Services System Development Grants Fund,” Iowa Administrative Code.

New Chapter 140 simplifies and streamlines the funding process to local EMS services for equipment, training, and EMS system development under a single contract. This allows the Department to eliminate duplicate funding cycles, applications, and contracts associated with various funding streams. Additionally, use of the funds is tied to the strategic planning process involving local entities to tailor the use of the funds to meet the entities’ own unique needs.

In compliance with Iowa Code section 17A.4(2), the Department finds that notice and public participation are impracticable because the funding cycle begins July 1 and letters of intent to apply for funds must be submitted by June 30 each year.

The Department also finds, pursuant to Iowa Code section 17A.5(2)“b”(2), that the normal effective date of these amendments should be waived and these amendments should be made effective upon filing with the Administrative Rules Coordinator on May 8, 2002, as they confer a benefit upon county EMS associations and regional EMS councils.

These amendments are also published herein under Notice of Intended Action as ARC 1631B to allow public comment.

The State Board of Health adopted these amendments on May 8, 2002.

These amendments are intended to implement Iowa Code section 135.25.

These amendments became effective May 8, 2002.

The following amendments are adopted.

ITEM 1. Rescind and reserve 641—Chapter 130.

ITEM 2. Rescind 641—Chapter 140 and adopt the following new 641—Chapter 140 in lieu thereof:

CHAPTER 140
EMERGENCY MEDICAL SERVICES SYSTEM DEVELOPMENT GRANTS FUND

641—140.1(135) Definitions. For the purpose of these rules, the following definitions shall apply:

“Ambulance service” means any privately or publicly owned service program which utilizes ambulances in order to provide patient transportation and emergency medical services.

“Applicant” means a county EMS association or regional EMS council that has submitted an application for an emergency medical services system development grant.

“CEHs” means continuing education hours which are based upon a minimum of 50 minutes of training per hour.

“Continuing education” means training approved by the department which is obtained by a certified emergency medical care provider to maintain, improve, or expand relevant skills and knowledge and to satisfy renewal of certification requirements.

“County EMS association” means a countywide group of EMS providers and various agency and organization representatives and consumers who provide leadership for the local EMS system on needs and objectives. The county EMS association should also include representatives of services located in a neighboring county if service is provided on a regular basis to residents of the county receiving funding.

“Department” means the Iowa department of public health.

“Director” means the director of the Iowa department of public health.

“Emergency medical care personnel” or “provider” means any individual currently certified by the department pursuant to Iowa Code section 147A.6.

“Emergency medical services” means an integrated medical care delivery system to provide emergency and nonemergency medical care.

“EMS” means emergency medical services.

“EMS course” means a course for emergency medical care personnel pursuant to Iowa Code section 147A.4, subsection 2.

“EMS provider” means emergency medical care personnel, other health care practitioners or members of the general public involved in the provision of emergency medical care.

“Fiscal year” means the 12–month period beginning July 1 and ending June 30.

“Nontransport service” means any privately or publicly owned rescue or first response service program which does not provide patient transportation (except when no ambulance is available or in a disaster situation) and utilizes only first response vehicles to provide emergency medical care at the scene of an emergency.

“Regional EMS council” means a multicounty nonprofit corporation whose purpose is to facilitate EMS development on a regional basis.

“Service program” means any 24–hour emergency medical care ambulance service or nontransport service that has received authorization by the department.

“Strategic plan” means a document produced via a multiagency effort to evaluate and define needs and goals to improve the local EMS system.

“Training” means EMS–related courses designed and intended for EMS providers.

“Training aid” means an item used in EMS training and includes, but is not limited to, slides, films, mannequins, emergency care devices, books and other items pertinent and necessary for training purposes.

641—140.2(135) Purpose. The EMS system development grant is intended to supplement EMS funds at the regional, county or local level to promote EMS system development.

641—140.3(135) County EMS associations. Each county shall have a county EMS association, council or board to develop and maintain the countywide EMS system strategic plan and to provide leadership on related EMS system development funding needs and objectives.

641—140.4(135) County EMS system development grants. Grants for EMS system development purposes at the regional, county, and local level are available from the department for equipment, training, and support of infrastructure needs as identified in the countywide EMS strategic plan. Funds for training will be used to train members of a service program that provides service on a regular basis to residents of the county being funded. Funds for equipment require a $1 match of regional, county, or local funds for each $1 of EMS system development grant funds. Infrastructure reimbursement for personnel services or office supplies/equipment, or both, for continuous funding of EMS system development projects may be approved using a yearly adjustment goal of 100 percent for years one and two, 75 percent for year three, 50 percent for year four, 25 percent for year five, and 0 percent thereafter. EMS system development grant funds may be used by an ambulance or nontransport service located in a neighboring county if service is provided on a regular basis to residents of the county receiving funding.

140.4(1) Application process. An application for an EMS system development grant is required. Applications may be requested from the Iowa Department of Public Health, Bureau of Emergency Medical Services, Lucas State Office Building, Des Moines, Iowa 50319–0075.

a. The county EMS association or regional EMS council may submit an application to the department for an EMS system development grant.

b. A letter of intent to the department must be received by June 30 for funding year 2003, and by May 1 for each funding year thereafter.

c. A completed application must be received by August 15 for funding year 2003, and by June 1 for each funding year thereafter.

d. The department shall establish a process to review the application and may approve, partially approve or request clarification of an application or request a new application.

e. Notification of grant awards shall be made by September 30 for funding year 2003, and by July 1 for each funding year thereafter.

140.4(2) Eligible costs. Costs which are eligible for EMS system development grant expenditures as defined in the request for proposal (RFP) include items identified in the countywide EMS system development plan that are consistent with the following:

a. Reimbursement for initial training tuition, fees and materials up to an amount that is the lowest fee charged by the training entity following successful completion of an EMS course. Practical and written examination fees may also be included.

b. Payment of continuing education tuition, fees and materials. Education provided by an EMS service program for the general public is an allowable expense.

c. Payment for EMS training aids.

d. Defibrillators.

e. Nondisposable essential equipment, as defined by prevailing standards and existing medical director–approved protocols.

f. Communications pagers, radios, and base repeaters.

g. Development and enhancement of EMS systems.

h. Office equipment and supplies necessary to coordinate a countywide EMS system.

i. Personnel services for staffing to provide countywide continuous quality improvement and medical direction.

The title to any EMS equipment purchased with these funds shall not lie with the department, but shall be determined by the county EMS association.

140.4(3) Ineligible costs. Costs which are not eligible for funding include, but are not limited to, the following:

a. Certification/recertification fees.

b. Building and construction costs.

c. Debt amortization.

d. Land.

e. Rent.

f. Utilities.

g. Vehicles including, but not limited to, ambulances, fire apparatus, boats, rescue/first response vehicles, snowmobiles and vehicle parts.

641—140.5(135) Disbursement of funds. The department shall reimburse an approved EMS system development grant contract at a rate of 100 percent of the approved contract amount for education and 50 percent of the approved contract amount for equipment. Reimbursement for personnel services or office supplies/equipment, or both, for continuous funding of EMS system development projects may be approved using a yearly adjustment goal of 100 percent for years one and two, 75 percent for year three, 50 percent for year four, 25 percent for year five, and 0 percent thereafter. Payment shall be made to the county EMS association or the regional EMS council upon receipt of a paid invoice. Training, equipment, or services purchased prior to department approval are not eligible for reimbursement.

140.5(1) The county EMS association or regional EMS council to which the funds are granted shall be responsible for the administration of these funds.

140.5(2) One–sixth of the funds or an amount and frequency permissible by current state fiscal policy may be disbursed upon award of the contract, and disbursement of the remaining amount shall be provided upon receipt and approval of a final expenditure report by the department.

140.5(3) All funds must be expended prior to June 30. No carryover of funds between fiscal years is permitted.

641—140.6(135) Application denial or partial denial— appeal.

140.6(1) Denial or partial denial of an application shall be effected in accordance with the requirements of Iowa Code section 17A.12. Notice to the applicant of denial or partial denial shall be served by restricted certified mail, return receipt requested, or by personal service.

140.6(2) Any request for appeal concerning denial or partial denial shall be submitted by the aggrieved party in writing to the department by certified mail, return receipt requested, within 30 days of the receipt of the department’s notice. The address is Iowa Department of Public Health, Bureau of Emergency Medical Services, Lucas State Office Building, Des Moines, Iowa 50319–0075. Prior to or at the hearing, the department may rescind the denial or partial denial. If no request for appeal is received within the 30–day time period, the department’s notice of denial or partial denial shall become the department’s final agency action.

140.6(3) Upon receipt of an appeal that meets contested case status, the appeal shall be forwarded within five working days to the department of inspections and appeals pursuant to the rules adopted by that agency regarding the transmission of contested cases. The information upon which the adverse action is based and any additional information which may be provided by the aggrieved party shall also be provided to the department of inspections and appeals.

140.6(4) The hearing shall be conducted according to the procedural rules of the department of inspections and appeals found in 481—Chapter 10, Iowa Administrative Code.

140.6(5) When the administrative law judge makes a proposed decision and order, it shall be served by restricted certified mail, return receipt requested, or delivered by personal service. That proposed decision and order then becomes the department’s final agency action without further proceedings ten days after it is received by the aggrieved party unless an appeal to the director is taken as provided in subrule 140.6(6).

140.6(6) Any appeal to the director for review of the proposed decision and order of the administrative law judge shall be filed in writing and mailed to the director by certified mail, return receipt requested, or delivered by personal service within ten days after the receipt of the administrative law judge’s proposed decision and order by the aggrieved party. A copy of the appeal shall also be mailed to the administrative law judge. Any request for an appeal shall state the reason for appeal.

140.6(7) Upon receipt of an appeal request, the administrative law judge shall prepare the record of the hearing for submission to the director. The record shall include the following:

a. All pleadings, motions, and rules.

b. All evidence received or considered and all other submissions by recording or transcript.

c. A statement of all matters officially noticed.

d. All questions and offers of proof, objections and rulings on them.

e. All proposed findings and exceptions.

f. The proposed decision and order of the administrative law judge.

140.6(8) The decision and order of the director becomes the department’s final agency action upon receipt by the aggrieved party, and shall be delivered by restricted certified mail, return receipt requested, or by personal service.

140.6(9) It is not necessary to file an application for a rehearing to exhaust administrative remedies when appealing to the director or the district court as provided in Iowa Code section 17A.19. The aggrieved party to the final agency action of the department who has exhausted all administrative remedies may petition for judicial review of that action pursuant to Iowa Code chapter 17A.

140.6(10) Any petition for judicial review of a decision and order shall be filed in the district court within 30 days after the decision and order becomes final. A copy of the notice of appeal shall be sent to the department by certified mail, return receipt requested, or by personal service. The address is Iowa Department of Public Health, Bureau of Emergency Medical Services, Lucas State Office Building, Des Moines, Iowa 50319–0075.

140.6(11) The party who appeals a final agency action to the district court shall pay the cost of the preparation of a transcript of the contested case hearing for the district court.

These rules are intended to implement Iowa Code section 135.25.

[Filed Emergency 5/8/02, effective 5/8/02]

[Published 5/29/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/29/02

FILED

ARC 1628B

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Adopted and Filed

Pursuant to the authority of Iowa Code section 159.5(11), the Department of Agriculture and Land Stewardship hereby amends Chapter 1, “Administration,” Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1375B. No comments were received on the noticed amendments. The adopted amendments are identical to those published under Notice.

These amendments update the rules describing the administrative structure of the Department of Agriculture and Land Stewardship and reflect changes in the Department’s structure as the result of a recent reorganization.

There are no waiver provisions in this rule making nor, in the Department’s opinion, is a waiver appropriate for this rule making. The Department does have a general rule relating to waiver of administrative rules.

These amendments are intended to implement Iowa Code chapter 159.

These amendments shall become effective July 3, 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 [1.1(4), 1.1(5), 1.1(7), 1.2 to 1.7] is being omitted. These amendments are identical to those published under Notice as ARC 1375B, IAB 2/6/02.

[Filed 5/5/02, effective 7/3/02]
[Published 5/29/02]

[For replacement pages for IAC, see IAC Supplement 5/29/02.]

ARC 1627B

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 189.2 and 192.102, the Department of Agriculture and Land Stewardship hereby amends Chapter 68, “Dairy,” Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1376B. One comment was received on the noticed amendment. The comment was favorable to the rules but sought minor clarification. One change from the noticed amendment is the addition of the last sentence to subrule 68.36(8) to provide the clarification sought. In addition, a grammatical correction was made to subrule 68.36(2).

This amendment is intended to modify the procedures followed and the penalties applied when antibiotics are found in raw milk offered for sale in commerce.

There are no waiver provisions in this rule making; however, the Department’s general waiver rules are applicable to these rules.

This amendment shall become effective July 3, 2002.

This amendment is intended to implement Iowa Code chapter 192.

The following amendment is adopted.

Amend rule 21—68.36(192) as follows:

21—68.36(192) Antibiotic testing.

68.36(1) The dairy industry shall screen all Grade A and Grade B farm bulk milk pickup tankers and farm can milk loads for beta lactam drug residues or other residues as designated by the department. A sampling method shall be used with can milk loads to ensure that the sample includes raw milk from every milk can on the vehicle.

68.36(2) When loads are found to contain drugs or other inhibitors at levels exceeding federal Food and Drug Administration established “safety levels,” the department’s dairy products control bureau shall be notified immediately of the results and of the ultimate disposition of the raw milk. Disposition shall be in a manner approved by the bureau. The producer samples from the violative load shall be tested for ~~trace~~ tracing the violation back to the ~~farm~~ violative producer. The primary responsibility for ~~traceback~~ tracing the violation back to the violative producer shall be that of the initial purchaser of the raw milk.

68.36(3) ~~Further~~ In every antibiotic incident, pickups of milk from the violative individual producer(s) shall be immediately discontinued and the permit shall be suspended until such time that subsequent testing by a certified industry supervisor establishes that the milk does not exceed safe levels of inhibitory residues. In addition, in every antibiotic incident except when the load is negative and the milk can be used, the violative producer shall pay the purchaser for the contaminated load of milk and the producer will not be paid for the producer’s share of milk on the load.

68.36(4) The dairy products control bureau staff~~, including the contract inspectors,~~ shall monitor the dairy industry inhibitor load testing activities by making unannounced, on–site inspections to ~~collect load samples and to~~ review the load sampling records. The inspector may also collect load samples for testing in the department’s dairy laboratory.

68.36(5) For the first violative occurrence within a 12– month period, the producer’s permit shall be suspended for two days or an equivalent penalty. If the milk purchaser has in place a penalty equal to or exceeding a two–day suspension, the two–day suspension shall be waived. As used in this subrule, an “equivalent penalty” means a monetary penalty that must be paid by the producer, equaling at least two days of production for the producer a department dairy products inspector shall conduct an investigation.

68.36(6) For the second violative occurrence within a 12– month period, the producer’s permit shall be suspended for four days or an equivalent penalty. If the milk purchaser has in place a penalty equal to or exceeding a four–day suspension, the four–day suspension shall be waived. As used in this subrule, an “equivalent penalty” means a monetary penalty that must be paid by the producer, equaling at least four days of production for the producer a department dairy products inspector shall make an appointment with the producer and a dairy industry representative to meet at the dairy facility within 10 working days of the violative occurrence to inspect the drug storage and to determine the cause of the second violation. In addition, the producer shall review the “Milk and Dairy Beef Residue Prevention Protocol” with a veterinarian within 30 days of the violative occurrence. The protocol certificate shall be signed by the producer and the veterinarian. The producer shall send the dairy products control bureau a copy of the signed certificate within 35 days of the violation. Failure to complete the course or to submit a copy of the certificate to the dairy products control bureau is grounds for suspension or revocation of a violative producer’s permit to sell raw milk.

68.36(7) For the third violative occurrence within a 12– month period, the permit shall be suspended for four days and, in addition, the department shall initiate administrative procedures to revoke the producer’s permit. Upon revocation the producer may reapply for a permit effective at least four days after the effective date of the revocation. However, a Grade A permit holder shall be ineligible for a Grade A permit until the applicant has been selling on the Grade B Class 1 market for at least 60 days. A Grade B permit holder shall be ineligible for a Grade A or Grade B permit until the applicant has been selling on the undergrade Class 3 market for at least 60 days. For purposes of this rule, a producer on the undergrade market shall be paid no more than 90 percent of the Grade B rate the producer shall attend a hearing concerning the third violation at a time, date, and place set by the department. At the hearing, the producer shall explain the history of the violations and steps taken to prevent a repetition of the violation. At the conclusion of the hearing, the department may order the producer to take additional steps to avoid future repetition of the violation. Failure of the producer to abide by the conditions set by the department is grounds for the department to initiate an action to suspend or revoke the producer’s permit to sell raw milk.

68.36(8) ~~Rescinded IAB 11/3/99, effective 12/8/99.~~ In every antibiotic incident of a noncommingled load of milk where there is only one producer on the load, the load shall be discarded and the producer shall pay for the disposition of the load and for the cost of hauling. In addition, the producer and employee(s) shall review the “Milk and Dairy Beef Residue Prevention Protocol” with a veterinarian within 30 days, and the protocol certificate shall be signed by the veterinarian, the producer and the employee(s). The certificate shall be received by the dairy products control bureau within 35 days of the violative occurrence or the permit will be suspended until the certificate is received. For the third violation within a 12–month period, the producer shall be required to attend a hearing in the same manner as specified in subrule 68.36(7).

68.36(9) When the antibiotic tests show that a load is nonviolative, but routine ~~regulatory~~ producer sampling ~~shows~~ finds that a producer on the load is violative, the permit shall be suspended until subsequent testing establishes that the milk does not exceed safe levels of inhibitory residues. The first or second monetary penalty within a 12–month period shall be waived. In case of a third violation within a 12– month period, ~~the permit shall be suspended and revocation~~ procedures shall be initiated as provided in subrule 68.36(7).

68.36(10) Each violative occurrence within a 12–month period, including a violative producer found on a nonviolative load, shall count as a first, second, third or fourth violation against the producer. The permit shall be reinstated to a temporary status after subsequent testing shows no inhibitor residues. With each violation, the Milk and Dairy Beef Residue Prevention Protocol program shall be administered by the veterinarian to the producer, with the program certificate being signed by both. Failure to obtain the program certificate within 30 days and failure to mail or fax a copy to the dairy products control bureau office within 35 days from the date of the producer notice will result in the permit suspension of both the Grade A and Grade B producer to the Class 3 manufacturing undergrade status with the respective lowered milk price.

68.36(11) Records shall be kept by the industry at each receiving or transfer station of all incoming farm pickup loads of raw milk. The records shall be retained for a period of at least 12 months.

a. The records shall include the following information:

(1) Name of the organization;

(2) Name of test(s) used;

(3) Controls, positive and negative;

(4) Date of test(s);

(5) Time the test was performed;

(6) Temperature of the milk in the tanker at the time of sampling;

(7) Identification of the load;

(8) Pounds of milk on the load;

(9) Initials of the person filling out the record.

b. When the load is violative, the records shall also include the following:

(1) Names of the producers on the load;

(2) Identification of the violative producer(s);

(3) The first name of the dairy products control bureau office person telephoned;

(4) Location of disposition of the violative load;

(5) The number of pounds of milk belonging to each producer.

68.36(12) No change.

This rule is intended to implement Iowa Code chapter 192.

[Filed 5/5/02, effective 7/3/02]

[Published 5/29/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/29/02.

ARC 1639B

EDUCATIONAL EXAMINERS BOARD[282]

Adopted and Filed

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

The rules set forth procedures for the issuance of a teacher intern license and the procedures for converting the teacher intern license to an initial license. The teacher intern program allows an individual who possesses a baccalaureate degree and who meets other prescribed requirements an opportunity to become the teacher of record in a high school, grades 9 to 12. The teacher intern license is valid for one year and is not renewable. A local school district must provide an offer of employment to the teacher intern. A college or university can offer a teacher intern program that has been approved by the state board of education. After completion of the teacher internship year, the teacher intern is eligible for an initial license if the teacher intern has successfully completed the prescribed requirements set forth in the rules.

These rules replace the Board’s current alternative preparation license rule and the rule that authorizes the issuance of a license to an individual who has completed an out–of–state alternative preparation program.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1348B. Six face–to–face public hearings were held, and ten ICN public hearings were held. The Board received more than 70 written comments via regular mail, E–mail, and fax. The public comments were transcribed for Board and staff review.

The comments were generally divided on the proposed rules, and the Board considered the content of all comments before adopting the rules. The adopted rules include two changes from the Notice; these changes specify the number of semester hours required for the teacher intern introductory program and for completion of the teacher intern program.

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

This amendment shall become effective August 31, 2002.

This amendment is intended to implement Iowa Code chapter 272.

The following amendment is adopted.

Rescind rule 282—14.129(272) and adopt the following new rules in lieu thereof:

282—14.129(272) Requirements for a teacher intern license.

14.129(1) Authorization. The teacher intern is authorized to teach in a high school, grades 9 to 12.

14.129(2) The term of the teacher intern license will be one year from the date of issuance. The fee for the teacher intern license is $100. This license is nonrenewable.

14.129(3) A teacher intern license shall be issued upon application provided that the following requirements have been met. The applicant shall:

a. Hold a baccalaureate degree with a minimum cumulative grade point average of 2.50 on a 4.0 scale from a regionally accredited institution.

b. Meet the requirements of at least one of the board’s secondary (7–12) teaching endorsements listed in 14.141(272).

c. Possess a minimum of three years of postbaccalaureate work experience. An authorized official at a college or university with an approved teacher intern program will evaluate this experience.

d. Successfully complete the introductory teacher intern program approved by the state board of education.

14.129(4) Local school district requirements. The local school district shall:

a. Provide an offer of employment to an individual who has been evaluated by a college or university for eligibility in the teacher intern program. Employment shall begin with the fall academic year.

b. Participate in a state–approved mentoring and induction program.

c. Provide a district mentor for the teacher intern.

d. Provide other support and supervision, as needed, to maximize the opportunity for the teacher intern to succeed.

e. Not unnecessarily overload the teacher intern with extracurricular duties not directly related to the teacher intern’s teaching assignment.

f. Provide evidence to the board from a licensed evaluator that the teacher intern is participating in a mentoring and induction program.

g. At the board’s request, provide information including, but not limited to, the teacher intern selection and preparation program, institutional support, local school district mentor, and local school district support.

14.129(5) Program requirements. The teacher intern shall:

a. Complete the teacher intern introductory program of a minimum of 12 semester hours to include the following:

(1) Learning environment/classroom management. The intern uses 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 plans instruction based upon knowledge of subject matter, students, the community, curriculum goals, and state curriculum models.

(3) Instructional strategies. The intern understands and uses a variety of instructional strategies to encourage students’ development of critical thinking, problem solving, and performance skills.

(4) Student learning. The intern understands how students learn and develop and provides learning opportunities that support intellectual, career, social, and personal development.

(5) Diverse learners. The intern understands how students differ in their approaches to learning and creates instructional opportunities that are equitable and are adaptable to diverse learners.

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

(7) Assessment. The intern understands and uses formal and informal assessment strategies to evaluate the continuous intellectual, social, and physical development of the learner.

(8) Field experience that provides opportunities for interaction with students.

b. Complete four semester hours of a teacher intern seminar during the teacher internship year to include support and extension of coursework from the teacher intern introductory program.

c. Complete a concluding teacher intern program of a minimum of 12 semester hours in the following areas:

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

(2) Communication. The intern uses 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 program, which must include preparation that contributes to the education of individuals with disabilities and the gifted and talented.

(4) Preparation in the integration of reading strategies into the content area.

(5) Computer technology related to instruction.

(6) An advanced study of the items set forth in 14.129(5)“a”(1) to (7) above.

14.129(6) Requirements to convert the teacher intern license to the initial license. An initial license shall be issued upon application provided that the teacher intern has met all of the following requirements:

a. Successful completion of the entire teacher intern program approved by the state board of education.

b. Verification from a licensed evaluator that the teacher intern served successfully for a minimum of 160 days.

c. Verification from a licensed evaluator that the teacher intern is participating in a state–approved mentoring and induction program.

d. Recommendation by a college or university offering an approved teacher intern program that the individual is eligible for an initial license.

e. At the board’s request, the teacher intern shall provide to the board information including, but not limited to, the teacher intern selection and preparation program, institutional support, local school district mentor, and local school district support.

The teacher intern year will count as one of the years that is needed for the teacher intern to convert the initial license to the standard license if the above conditions have been met.

282—14.130(272) Requirements for an alternative preparation license for out–of–state candidates. Following are the basic requirements for the issuance of a teaching license based on an alternative preparation program with an endorsement for persons prepared in states other than Iowa. The person shall:

14.130(1) Hold a baccalaureate degree with a minimum cumulative grade point average of 2.50 on a 4.0 scale from a regionally accredited institution.

14.130(2) Provide a valid out–of–state teaching license based on a state–approved alternative preparation program.

14.130(3) Provide a recommendation from a regionally accredited institution, department of education, or a state’s standards board indicating the completion of an approved alternative teacher preparation program.

14.130(4) Provide official institutional transcript(s) to be analyzed for the requirements necessary for full Iowa licensure based on 14.129(5)“a”(1) to (7) and 14.129(5)“c” (1) to (5).

14.130(5) Verify three years of teaching experience, which will waive the student teaching requirement.

The alternative preparation license is valid for two years and may be renewed under certain prescribed conditions for an initial license listed in 282—17.8(272).

[Filed 5/9/02, effective 8/31/02]

[Published 5/29/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/29/02.

ARC 1650B

EDUCATION DEPARTMENT[281]

Adopted and Filed

Pursuant to the authority of Iowa Code section 256.7, the State Board of Education hereby adopts Chapter 77, “Standards for Teacher Intern Preparation Programs,” Iowa Administrative Code.

This new chapter governs approval of teacher intern preparation programs. New licensure rules adopted 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 adopted rules establish the standards required for approval of teacher intern preparation programs.

No waiver provision is included because the State Board of Education has adopted agencywide waiver rules.

Notice of Intended Action was published in the April 3, 2002, Iowa Administrative Bulletin as ARC 1525B. No substantive changes were made. However, one prepositional phrase was moved in paragraph 77.12(2)“d” to clarify that professional education studies before, during and after the internship year would be connected to the teacher intern candidates’ experiences in the field. The change clarifies that field experiences are not required after the internship year. The paragraph now reads as follows:

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

These rules will become effective on July 3, 2002.

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

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 77] is being omitted. With the exception of the change noted above, these rules are identical to those published under Notice as ARC 1525B, IAB 4/3/02.

[Filed 5/9/02, effective 7/3/02]
[Published 5/29/02]

[For replacement pages for IAC, see IAC Supplement 5/29/02.]

ARC 1651B

EDUCATION DEPARTMENT[281]

Adopted and Filed

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby amends Chapter 83, “Beginning Teacher Mentoring and Induction Program,” Iowa Administrative Code.

The amendments to Chapter 83 adjust the focus of the chapter from beginning teacher mentoring and induction programs to the teacher quality program overall. This adjustment specifically addresses the inclusion of the Iowa teaching standards and model criteria in this chapter.

These amendments reflect statutory provisions. Therefore, a waiver of these rules or any portion of these rules would conflict with state law.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1344B.

Three public hearings were held on March 5, 6, and 7, 2002, following publication of the Notice of Intended Action. Thirty–four people attended these public hearings. Eight people provided public comment, and two written responses were received by the Department. All eight individuals and one of the written responses were supportive of the criteria. One written response suggested a change to the criteria for the standard in 83.4(1).

Slight wording adjustments were made in the criteria for the Iowa teaching standards as a result of feedback from the field. One of the criteria for the standard in 83.4(8) was moved to the standard in 83.4(1) with wording adjustments to assist in implementing 2002 Iowa Acts, House File 2549, particularly the requirement for an intensive assistance proc–ess in evaluation that was passed during this past legislative session. Also, as a result of this legislation, the last paragraph of rule 281—83.4(284) was not adopted.

The State Board of Education adopted these amendments on April 19, 2002.

These amendments are intended to implement Iowa Code Supplement section 284.3.

These amendments will become effective July 3, 2002.

The following amendments are adopted.

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

CHAPTER 83
~~BEGINNING TEACHER MENTORING~~
~~AND INDUCTION PROGRAM~~
TEACHER QUALITY PROGRAM

ITEM 2. Rescind rule 281—83.1(79GA,SF476,HF413) and adopt the following new rule in lieu thereof:

281—83.1(284) Purpose. The goal of the teacher quality program is to enhance the learning, achievement, and performance of all students through the recruitment, support, and retention of quality Iowa teachers. It is expected that each Iowa school district will implement the teacher quality program by July 2003. The program shall contain specific strategies that include a mentoring and induction program for beginning teachers, comprehensive teacher evaluations, and district and building support for professional development that includes best practices aimed at increasing student achievement.

ITEM 3. Amend rule 281—83.3(79GA,SF476,HF413), catchwords, as follows:

281—83.3(~~79GA,SF476,HF413~~284) ~~Program requirements~~ Mentoring and induction program.

ITEM 4. Adopt the following new subrule 83.3(1) and renumber existing subrules 83.3(1) and 83.3(2) as 83.3(2) and 83.3(3):

83.3(1) Purpose. The beginning teacher mentoring and induction program is created to promote excellence in teaching, enhance student achievement, build a supportive environment within school districts, increase the retention of promising beginning teachers, and promote the personal and professional well–being of classroom teachers.

ITEM 5. Adopt new subrule 83.3(4) as follows:

83.3(4) Budget. Funds received by a school district from the beginning teacher mentoring and induction program shall be used for any or all of the following purposes:

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

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

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

ITEM 6. Rescind rule 281—83.4(79GA,SF476,HF413) and adopt the following new rule in lieu thereof:

281—83.4(284) Iowa teaching standards and model criteria. The Iowa teaching standards and supporting model criteria represent a set of knowledge and skills that reflects the best evidence available regarding effective teaching. The purpose of the standards and supporting model criteria is to provide Iowa school districts with a consistent representation of the complexity and the possibilities of quality teaching. The standards shall serve as the basis for comprehensive evaluations of teachers and as a basis for professional development plans. Each standard with suggested model criteria is outlined as follows:

83.4(1) Demonstrates ability to enhance academic performance and support for implementation of the school district’s student achievement goals. The teacher:

a. Provides evidence of student learning to students, families, and staff.

b. Implements strategies supporting student, building, and district goals.

c. Uses student performance data as a guide for decision making.

d. Accepts and demonstrates responsibility for creating a classroom culture that supports the learning of every student.

e. Creates an environment of mutual respect, rapport, and fairness.

f. Participates in and contributes to a school culture that focuses on improved student learning.

g. Communicates with students, families, colleagues, and communities effectively and accurately.

83.4(2) Demonstrates competence in content knowledge appropriate to the teaching position. The teacher:

a. Understands and uses key concepts, underlying themes, relationships, and different perspectives related to the content area.

b. Uses knowledge of student development to make learning experiences in the content area meaningful and accessible for every student.

c. Relates ideas and information within and across content areas.

d. Understands and uses instructional strategies that are appropriate to the content area.

83.4(3) Demonstrates competence in planning and preparing for instruction. The teacher:

a. Uses student achievement data, local standards, and the district curriculum in planning for instruction.

b. Sets and communicates high expectations for social, behavioral, and academic success of all students.

c. Uses students’ developmental needs, backgrounds, and interests in planning for instruction.

d. Selects strategies to engage all students in learning.

e. Uses available resources, including technologies, in the development and sequencing of instruction.

83.4(4) Uses strategies to deliver instruction that meets the multiple learning needs of students. The teacher:

a. Aligns classroom instruction with local standards and district curriculum.

b. Uses research–based instructional strategies that address the full range of cognitive levels.

c. Demonstrates flexibility and responsiveness in adjusting instruction to meet student needs.

d. Engages students in varied experiences that meet diverse needs and promote social, emotional, and academic growth.

e. Connects students’ prior knowledge, life experiences, and interests in the instructional process.

f. Uses available resources, including technologies, in the delivery of instruction.

83.4(5) Uses a variety of methods to monitor student learning. The teacher:

a. Aligns classroom assessment with instruction.

b. Communicates assessment criteria and standards to all students and parents.

c. Understands and uses the results of multiple assessments to guide planning and instruction.

d. Guides students in goal setting and assessing their own learning.

e. Provides substantive, timely, and constructive feedback to students and parents.

f. Works with other staff and building and district leadership in analysis of student progress.

83.4(6) Demonstrates competence in classroom management. The teacher:

a. Creates a learning community that encouragespositive social interaction, active engagement, and self–regulation for every student.

b. Establishes, communicates, models, and maintains standards of responsible student behavior.

c. Develops and implements classroom procedures and routines that support high expectations for student learning.

d. Uses instructional time effectively to maximize student achievement.

e. Creates a safe and purposeful learning environment.

83.4(7) Engages in professional growth. The teacher:

a. Demonstrates habits and skills of continuous inquiry and learning.

b. Works collaboratively to improve professional practice and student learning.

c. Applies research, knowledge, and skills from professional development opportunities to improve practice.

d. Establishes and implements professional development plans based upon the teacher’s needs aligned to the Iowa teaching standards and district/building student achievement goals.

83.4(8) Fulfills professional responsibilities established by the school district. The teacher:

a. Adheres to board policies, district procedures, and contractual obligations.

b. Demonstrates professional and ethical conduct as defined by state law and district policy.

c. Contributes to efforts to achieve district and building goals.

d. Demonstrates an understanding of and respect for all learners and staff.

e. Collaborates with students, families, colleagues, and communities to enhance student learning.

ITEM 7. Rescind rule 281—83.6(79GA,SF476,HF413).

[Filed 5/9/02, effective 7/3/02]

[Published 5/29/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/29/02.

ARC 1644B

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 225C.6, the Department of Human Services hereby rescinds Chapter 24, “Accreditation of Providers of Services to Persons with Mental Illness, Mental Retardation, and Developmental Disabilities,” Iowa Administrative Code, and adopts a new Chapter 24 with the same title.

The Mental Health and Developmental Disabilities Commission adopted this amendment on May 7, 2002. Notice of Intended Action on this amendment was published in the Iowa Administrative Bulletin on December 26, 2001, as ARC 1204B.

This new chapter rewrites policy governing accreditation of providers of services to people with mental illness, mental retardation, or developmental disabilities. The purpose of these rules is to clarify the accreditation process, make the appeal process consistent with the process used by the rest of the Department, and revise the method of deciding the term of accreditation of an organization. Specifically, these new rules:

• Add and revise definitions to more clearly define language in the standards. The person served is now referred to as an “individual” instead of a “consumer” to coincide with the most current accepted practice. Definitions of “goal achieving,” “goal keeping,” “readiness assessment,” and “readiness development” relating to intensive psychiatric rehabilitative services are added to clearly show how this chapter is based on the model developed by the Boston Center for Psychiatric Rehabilitation. A definition is added for “new organization” and the definition of “organization” is revised to clearly indicate which providers come under this chapter.

• Add requirements for reporting and tracking incident reports to set up a total quality improvement system forcommunity–based placements to help ensure safety of the individuals served and to bring Iowa into compliance with federal regulations.

• More clearly define the survey process. Organizations will be required to submit any documentation relevant to a survey to the survey team before the close of the on–site review.

• Move the standards for organization of service systems and consumer rights from standards for organizational activities to standards for services. These standards are reviewed using the files of the individuals served. The indicators remaining under the standards for organizational activities will either be found in or out of compliance depending on whether there is documentation to show the indicator has been implemented.

• Require verification of a service description to be in the individual’s file.

• Reorder the steps to developing a performance improvement system.

• Add guidelines for electronic files.

• More clearly define what needs to be present in the personnel files of the organization.

• Require handling of medications to meet state and federal regulations.

• Add a clearer description of what needs to be included in a social history, assessment, and service plan.

• Require documentation of the individual’s treatment for emergency services to be contained in the narrative.

• Add case management requirements for quarterly face–to–face meetings, annual documentation of the need for case management, an average caseload of 45, and quarterly reviews to match the state plan and federal requirements.

• Revise the subrule on intense psychiatric rehabilitation to more clearly define the components required in the Boston Psychiatric Rehabilitation Model.

• Require supported community living to include provisions for skill training.

• Require emergency services to be documented in a narrative format and coordination of contacts to be made with relevant professionals.

• Clarify the application process and approval process for deemed status.

• Revise the policies governing the period of accreditation to provide that the term of accreditation is now determined by counting the percentage of all applicable performance indicators achieved. Under these amendments, 15 percent of the total potential score is allocated to policy and procedure indicators, 15 percent to organizational activity indicators, and 70 percent to service indicators.

• Require an organization whose accreditation has been denied or revoked to wait at least six months from the notice of decision before it can apply as a new provider.

• Provide that when an organization is deemed, it will no longer be required to be responsible for meeting all requirements under this chapter. The organization will be held to the corrective action plan of the national accrediting body or the HCBS certification report. The organization shall also be required to meet the requirements for incident reports and the complaint process.

A public hearing on this amendment was held on January 18, 2002, and the Department received ten written comments. Concerns related to definitions; organizational activity standards on leadership, management of information, and human resources; service standards relating to social histories, assessments, individual service plans, service documentation, incident reports, case management, intensive psychiatric rehabilitation services, supported community living, and outpatient psychotherapy and counseling; and procedures for accreditation and deemed status.

In response to these comments and further internal review, the Department has made the following changes to the Notice of Intended Action:

• The definition of “advanced registered nurse practitioner” has been revised to specify that registration must be for advanced practice in a psychiatric setting.

• The definitions of “case management services” and “supported community living services” have been moved to the specific subrules for those services in rule 441— 24.4(225C), to be parallel with standards for the other services.

• The definitions of “consultation services” and “education services” have been deleted, since these terms are not used in the new chapter.

• The definitions of “credentialed staff” and “credential verification process” have been deleted and their substance has been added to subrule 24.3(4) on human resources.

• The definition of “direct services” has been revised to remove the phrase “involving direct interaction” because of unintended implications for case management services.

• The definition of “division” has been revised due to Departmental restructuring.

• The definition of “functional assessment” has been revised to remove the word “task.”

• The definitions of “human services field” and “qualified in a human services field” have been removed, and the list of examples of acceptable fields has been added to the definition of “qualified case managers and supervisors.”

• The definition of “incident” has been substantially revised to clarify what situations are covered.

• The definition of “individual” has been removed because of conflicts with other intended uses of the word, and the phrase “individual using the service” has instead been added throughout the rules where applicable.

• The definition of “mental health professional” has been revised to add references to other categories of professionals defined in the rules.

• The wording of performance indicator (4) under subrule 24.3(1) has been revised to cross–reference standards on incident reports.

• Performance indicators for management information systems in subrule 24.3(3) have been reworded to clarify that they apply only to information identifying individuals using the services.

• Performance indicators for human resources in subrule 24.3(4) have been reworded to eliminate references to “distribution of duties” and “statutory obligations,” eliminate requirements already referenced in Iowa Code section 135C.33, limit the abuse training requirements to staff who are mandatory abuse reporters, and clarify that record check requirements apply to staff who meet with individuals using the services in the individuals’ homes.

• Performance indicators for social histories in subrule 24.4(1) have been reworded to clarify that the organization may use social histories from other sources to add requirements for developmental history for children and substance abuse, domestic violence, and physical, emotional or sexual abuse history for all individuals using the service.

• Three performance indicators in subrule 24.4(2) for documentation of different diagnoses have been combined into one indicator that applies to all assessments.

• Performance indicators for individual service plans in subrule 24.4(3) have been revised to combine two indicators relating to the contribution of the individual using the service in defining desired goals and outcomes into a single indicator.

• Standards on incident reports in subrule 24.4(5) have been substantially reworked. Requirements for listing on the report the actual names of other individuals using the service, for keeping copies of the report both in a central file and in the individual record, and for sending copies of the report to the individual using the service, the individual’s legal guardian, and medical personnel are removed. The expanded definition of “incident” has been moved to rule 441— 24.1(225C).

• A performance indicator on guardianship and other legal papers that was previously included in Chapter 24 but inadvertently omitted from the Notice of Intended Action has been added to subrule 24.4(6).

• The wording in performance indicators relating to individual rights in subrule 24.4(8) was rearranged to clarify that organizations must inform both individuals using the service and their guardians about the organization’s appeal process.

• Performance indicators for case management services in subrule 24.4(9) have been revised to split the requirement for documentation of contacts and for quarterly face–to–face meetings into two indicators.

• Performance indicators for intensive psychiatric rehabilitation services in subrule 24.4(10) have been revised to lower the frequency of required documentation, allow the individual using the service (instead of staff) to document satisfaction and to narrow and clarify the scope of what must be documented.

• Performance indicators for supported community living services in subrule 24.4(12) have been revised to eliminate the phrase “that includes a task analysis of daily living skills” from the requirement for a functional assessment.

• The components of rule 441—24.5(225C) have been rearranged to be presented in the order of the accreditation process. An address for submitting applications has been added to the introductory paragraph, and a provision prohibiting an organization from reapplying within six months after denial or revocation has been removed. (The provision requiring denial of a reapplication made under those circumstances remains in the rules.)

• Counts of indicators have been adjusted to reflect revisions to the Notice of Intended Action, and a table of indicator counts and point values for each service has been added to new subrule 24.5(4), paragraph “b.”

• A requirement has been added to subrule 24.6(4) for deemed facilities to meet the incident report standards in subrule 24.4(5).

• The address for submitting complaints in subrule 24.7(1) has been changed due to Department restructuring.

This amendment is intended to implement Iowa Code chapter 225C.

This amendment shall become effective on September 1, 2002.

The following amendment is adopted.

Rescind 441—Chapter 24 and adopt the following new 441—Chapter 24 in lieu thereof:

CHAPTER 24
ACCREDITATION OF PROVIDERS OF SERVICES
TO PERSONS WITH MENTAL ILLNESS,
MENTAL RETARDATION, AND
DEVELOPMENTAL DISABILITIES

PREAMBLE

The mental health and developmental disabilities commission has established this set of standards to be met by all providers of services to people with mental illness, mental retardation, or developmental disabilities that are under the authority of the commission. These standards apply to providers that are not required to be licensed by the department of inspections and appeals. These providers include community mental health centers, mental health services providers, case management providers, and supported community living providers, in accordance with Iowa Code chapter 225C.

The standards serve as the foundation of a performance–based review of those organizations for which the commission holds accreditation responsibility, as set forth in Iowa Code chapters 225C and 230A. The mission of accreditation is to assure individuals using the services and the general public of organizational accountability for meeting best practices performance levels, for efficient and effective management, and for the provision of quality services that result in quality outcomes for individuals using the services.

The commission’s intent is to establish standards that are based on the principles of quality improvement and are designed to facilitate the provision of excellent quality services that lead to positive outcomes. The intent of these standards is to make organizations providing services responsible for effecting efficient and effective management and operational systems that enhance the involvement of individuals using the services and to establish a best practices level of performance by which to measure provider organizations.

441—24.1(225C) Definitions.

“Accreditation” means the decision made by the commission that the organization has met the applicable standards.

“Advanced registered nurse practitioner” means a nurse who has current licensure as a registered nurse in Iowa, or licensure in another state that is recognized in Iowa pursuant to Iowa Code chapter 152E, and who is also registered as certified in psychiatric mental health specialties pursuant to board of nursing rules 655—Chapter 7.

“Advisory board” means the board that reviews and makes recommendations to the organization’s board of directors on the program being accredited. The advisory board shall meet at least three times a year and shall have at least three members, at least 51 percent of whom are not providers. The advisory board shall include representatives who have disabilities or family members of persons with disabilities. The advisory board’s duties include review and recommendation of policies, development and review of the organizational plan for the program being accredited, review and recommendation of the budget for the program being accredited, and review and recommendation of the total quality improvement program of the program being accredited.

“Anticipated discharge plan” means the statement of the condition or circumstances by which the individual using the service would no longer need each of the specific services accredited under this chapter.

“Appropriate” means the degree to which the services or supports or activities provided or undertaken by the organization are suitable and desirable for the needs, situation, or problems of the individual using the service.

“Assessment” means the review of the current functioning of the individual using the service in regard to the individual’s situation, needs, strengths, abilities, desires and goals.

“Benchmarks” means the processes of an organization that lead to implementation of the indicators.

“Board of directors” means the board that provides oversight, guidance, and policy direction for the operation of the program being accredited. The board shall have at least three members. Organization staff shall not constitute the majority of members of the board.

“Chronic mental illness” means the condition present in people aged 18 and over who have a persistent mental or emotional disorder that seriously impairs their functioning relative to such primary aspects of daily living as personal relations, living arrangements, or employment. People with chronic mental illness typically meet at least one of the following criteria:

1. They have undergone psychiatric treatment more intensive than outpatient care more than once in a lifetime (e.g., emergency services, alternative home care, partial hospitalization, or inpatient hospitalization).

2. They have experienced at least one episode of continuous, structured, supportive residential care other than hospitalization.

In addition, people with chronic mental illness typically meet at least two of the following criteria on a continuing or intermittent basis for at least two years:

1. They are unemployed, employed in a sheltered setting, or have markedly limited skills and a poor work history.

2. They require financial assistance for out–of–hospital maintenance and may be unable to procure this assistance without help.

3. They show severe inability to establish or maintain a personal social support system.

4. They require help in basic living skills.

5. They exhibit inappropriate social behavior that results in demand for intervention by the mental health or judicial system.

In atypical instances, a person who varies from these criteria could still be considered to be a person with chronic mental illness.

“Commission” means the mental health and developmental disabilities commission (MH/DD commission) as established and defined in Iowa Code section 225C.3.

“Community” means a natural setting where people live, learn, work, and socialize.

“Community mental health center” means an organization providing mental health services that is established pursuant to Iowa Code chapters 225C and 230A.

“Crisis intervention plan” means a personalized, individualized plan developed with the individual using the service that identifies potential personal psychiatric, environmental, and medical emergencies. This plan shall also include those life situations identified as problematic and the identified strategies and natural supports developed with the individual using the service to enable the individual to self–manage, alleviate, or end the crisis. This plan shall also include how the individual can access emergency services that may be needed.

“Deemed status” means acceptance by the commission of accreditation or licensure of a program or service by another accrediting body in lieu of accreditation based on review and evaluation by the division.

“Department” means the Iowa department of human services.

“Developmental disability” means a severe, chronic disability that:

1. Is attributable to a mental or physical impairment or combination of mental and physical impairments;

2. Is manifested before the age of 22;

3. Is likely to continue indefinitely;

4. Results in substantial functional limitations in three or more of the following areas of major life activity: self–care, receptive and expressive language, learning, mobility, self–direction, capacity for independent living, and economic self–sufficiency; and

5. Reflects the person’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.

A person from birth to the age of nine, inclusive, who has a substantial developmental delay or specific congenital or acquired condition may be considered to have a developmental disability without meeting three or more of the criteria described above if the person, without services and supports, has a high probability of meeting those criteria later in life.

“Direct services” means services providing therapy, habilitation, or rehabilitation activities or support services such as transportation.

“Division” means the division of behavioral, developmental, and protective services for families, adults, and children of the department of human services.

“Doctor of medicine or osteopathic medicine” means a person who is licensed in the state of Iowa under Iowa Code chapter 148 as a physician and surgeon or under Iowa Code chapter 150A as an osteopathic physician and surgeon.

“Functional assessment” means the analysis of daily living skills. The functional assessment also takes into consideration the strengths, stated needs, and level and kind of disability of the individual using the service.

“Goal achieving” means to gain the required skills and supports to obtain the goal of choice. For purposes of this chapter, the definition and explanation are taken from the Psychiatric Rehabilitation Practitioner Tools, as developed by the Boston Center for Psychiatric Rehabilitation.

“Goal keeping” means assisting the individual using the service in maintaining successful and satisfying role performance to prevent the emergence of symptoms associated with role deterioration. For purposes of this chapter, the definition and explanation are taken from the Psychiatric Reha–bilitation Practitioner Tools, as developed by the Boston Center for Psychiatric Rehabilitation.

“Incident,” for the purposes of this chapter, means an occurrence involving the individual using the service that:

1. Results in a physical injury to or by the individual that requires a physician’s treatment or admission to a hospital, or

2. Results in someone’s death, or

3. Requires emergency mental health treatment for the individual, or

4. Requires the intervention of law enforcement, or

5. Results from any prescription medication error, or

6. Is reportable to protective services.

“Indicators” means conditions that will exist when the activity is done competently and benchmarks are achieved. Indicators also provide a means to assess the activity’s effect on outcomes of services.

“Informed consent” refers to time–limited, voluntary consent. The individual using the service or the individual’s legal guardian may withdraw consent at any time without risk of punitive action. “Informed consent” includes a description of the treatment and specific procedures to be followed, the intended outcome or anticipated benefits, the rationale for use, the risks of use and nonuse, and the less restrictive alternatives considered. The individual using the service or the legal guardian has the opportunity to ask questions and have them satisfactorily answered.

“Leadership” means the governing board, the chief administrative officer or executive director, managers, supervisors, and clinical leaders who participate in developing and implementing organizational policies, plans and systems.

“Marital and family therapist” means a person who is licensed under Iowa Code chapter 154D in the application of counseling techniques in the assessment and resolution of emotional conditions. This includes the alteration and establishment of attitudes and patterns of interaction relative to marriage, family life, and interpersonal relationships.

“Mental health counselor” means a person who is licensed under Iowa Code chapter 154D in counseling services involving assessment, referral, consultation, and the application of counseling, human development principles, learning theory, group dynamics, and the etiology of maladjustment and dysfunctional behavior to individuals, families, and groups.

“Mental health professional” means a person who meets all of the following conditions:

1. Holds at least a master’s degree in a mental health field including, but not limited to, psychology, counseling and guidance, psychiatric nursing and social work; or is a doctor of medicine or osteopathic medicine; and

2. Holds a current Iowa license when required by the Iowa professional licensure laws (such as a psychiatrist, a psychologist, a marital and family therapist, a mental health counselor, an advanced registered nurse practitioner, a psychiatric nurse, or a social worker); and

3. Has at least two years of postdegree experience supervised by a mental health professional in assessing mental health problems, mental illness, and service needs and in providing mental health services.

“Mental health service provider” means an organization whose services are established to specifically address mental health services to individuals or the administration of facilities in which these services are provided. Organizations included are:

1. Those contracting with a county board of supervisors to provide mental health services in lieu of that county’s affiliation with a community mental health center (Iowa Code chapter 230A).

2. Those that may contract with a county board of supervisors for special services to the general public or special segments of the general public and that are not accredited by any other accrediting body.

These standards do not apply to individual practitioners or partnerships of practitioners covered under Iowa’s professional licensure laws.

“Mental retardation” means a diagnosis of mental retardation under these rules which shall be made only when the onset of the person’s condition was before the age of 18 years and shall be based on an assessment of the person’s intellectual functioning and level of adaptive skills. A psychologist or psychiatrist who is professionally trained to administer the tests required to assess intellectual functioning and to evaluate a person’s adaptive skills shall make the diagnosis. A diagnosis of mental retardation shall be made in accordance with the criteria provided in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, published by the American Psychiatric Association.

“Natural supports” means those services and supports an individual using the service identifies as wanted or needed that are provided at no cost by family, friends, neighbors, and others in the community, or by organizations or entities that serve the general public.

“New organization” means an entity that has never been accredited under 441—Chapter 24 or an accredited entity under 441—Chapter 24 that makes a significant change in its ownership, structure, management, or service delivery.

“Organization” means:

1. A governmental entity or an entity that meets Iowa Code requirements for a business organization as a for–profit or not–for–profit business. These entities include, but are not limited to, a business corporation under Iowa Code chapter 490 or a nonprofit corporation under Iowa Code chapter 504A that provides a service accredited pursuant to the rules in this chapter.

2. A county, consortium of counties, or the department of human services that provides or subcontracts for the provision of case management.

3. A division or unit of a larger entity, such as a unit within a hospital or parent organization.

“Organization” does not include: an individual for whom a license to engage in a profession is required under Iowa Code section 147.2, any person providing a service if the person is not organized as a corporation or other business entity recognized under the Iowa Code, or an entity that provides only financial, administrative, or employment services and that does not directly provide the services accredited under this chapter.

“Outcome” means the result of the performance or nonperformance of a function or process or activity.

“Policies” means the principles and statements of intent of the organization.

“Procedures” means the steps taken to implement the policies of the organization.

“Program” means a set of related resources and services directed to the accomplishment of a fixed set of goals for the population of a specified geographic area or for special target populations.

“Psychiatric nurse” means a person who meets the requirements of a certified psychiatric nurse, is eligible for certification by the American Nursing Association, and is licensed by the state of Iowa to practice nursing as defined in Iowa Code chapter 152.

“Psychiatric rehabilitation practitioner” means a person who:

1. Holds a graduate degree in rehabilitation counseling, mental health counseling, psychology, social work, nursing, or medicine and has at least two years’ experience working in a psychiatric rehabilitation program or has at least 60 contact hours of training in psychiatric rehabilitation; or

2. Holds a bachelor’s degree in one of the above areas and has both at least two years of experience working in a psychiatric rehabilitation program and at least 60 contact hours of training in psychiatric rehabilitation.

“Psychiatrist” means a doctor of medicine or osteopathic medicine who is certified by the American Board of Psychiatry and Neurology or who is eligible for certification and who is fully licensed to practice medicine in the state of Iowa.

“Psychologist” means a person who:

1. Is licensed to practice psychology in the state of Iowa or meets the requirements of eligibility for a license to practice psychology in the state of Iowa as defined in Iowa Code chapter 154B; or

2. Is certified by the Iowa department of education as a school psychologist or is eligible for certification by the Iowa department of education.

“Qualified case managers and supervisors” means people who have the following qualifications:

1. A bachelor’s degree with 30 semester hours or equivalent quarter hours in a human services field (including, but not limited to, psychology, social work, mental health counseling, marriage and family therapy, nursing, education, occupational therapy, and recreational therapy) and at least one year of experience in the delivery of services to the population groups that the person is hired as a case manager or case management supervisor to serve; or

2. An Iowa license to practice as a registered nurse and at least three years of experience in the delivery of services to the population group the person is hired as a case manager or case management supervisor to serve.

People employed as case management supervisors on or before August 1, 1993, who do not meet these requirements shall be considered to meet these requirements as long as they are continuously employed by the same case management provider.

“Readiness assessment” means a process of involving the individual using the service in clarifying motivational readiness to participate in the recovery process. For purposes of this chapter, the definition and explanation are taken from the Psychiatric Rehabilitation Practitioner Tools, as developed by the Boston Center for Psychiatric Rehabilitation.

“Readiness development” means services designed to develop or increase an individual’s interest, motivation, and resolve to engage in the rehabilitation services process, as a means of enhancing independent functioning and quality of life. For purposes of this chapter, the definition and explanation are taken from the Psychiatric Rehabilitation Practitioner Tools, as developed by the Boston Center for Psychiatric Rehabilitation.

“Registered nurse” means a person who is licensed to practice nursing in the state of Iowa as defined in Iowa Code chapter 152.

“Rehabilitation services” means services designed to restore, improve, or maximize the individual’s optimal level of functioning, self–care, self–responsibility, independence and quality of life and to minimize impairments, disabilities and dysfunction caused by a serious and persistent mental or emotional disability.

“Rights restriction” means limitations not imposed on the general public in the areas of communication, mobility, finances, medical or mental health treatment, intimacy, privacy, type of work, religion, place of residence, and people with whom the individual using the service may share a residence.

“Service plan” means an individualized goal–oriented plan of services written in language understandable by the individual using the service and developed collaboratively by the individual and the organization.

“Staff” means people paid by the organization to perform duties and responsibilities defined in the organization’s policies and procedures.

441—24.2(225C) Standards for policy and procedures.

24.2(1) Performance benchmark. The organization has written policy direction for the organization and for each service being accredited.

24.2(2) Performance indicators.

a. The organization has a policies and procedures manual with policy guidelines and administrative procedures for all organizational activities and services specific to its organization that addresses the standards in effect at the time of review.

b. The policies and procedures cover each benchmark and indicator in this chapter.

c. The policies and procedures manual is made available to all staff.

441—24.3(225C) Standards for organizational activities.

24.3(1) Performance improvement system.

a. Performance benchmark. The organization has a systematic, organizationwide, planned approach to designing, measuring, evaluating, and improving the level of its performance.

b. Performance indicators. The organization:

(1) Measures and assesses organizational activities and services accredited in this chapter annually.

(2) Gathers information from individuals using the services, staff, and family members.

(3) Implements an internal review of individual records for those services accredited under this chapter.

(4) Reviews the organization’s response to incidents reported under subrule 24.4(5) and any other situation that may pose a danger or threat to staff or individuals using the services for necessity, appropriateness, effectiveness and prevention.

(5) Identifies areas in need of improvement.

(6) Has a plan to address the areas in need of improvement.

(7) Implements the plan and documents the results.

24.3(2) Leadership.

a. Performance benchmark. Organization leaders provide the framework for the planning, designing, directing, coordination, provision and improvement of services that are responsive to the individuals using the services and the community served by the organization.

b. Performance indicators.

(1) There are clearly articulated mission and values statements that are reflected in the long–range organizational plans and in organization policies.

(2) The annual and long–range budgeting process involves appropriate governing and managing levels of leadership and reflects the organization’s mission and values. An independent auditor or other person as provided by law performs an annual financial audit.

(3) The organization establishes a board of directors. The board includes individuals using the services or family members of individuals using the services or establishes and implements an advisory board.

(4) The organization’s decision–making process, including policy decisions affecting the organization, reflects involvement of the various levels of leadership and responsiveness to staff.

(5) Organization leaders solicit input from leaders of the various community groups representing individuals served by the organization in designing responsive service delivery systems.

(6) Organization leaders develop and implement a service system appropriate to the needs of the individuals served by the organization.

(7) Organization leaders make educational information, resources, and service consultation available to community groups.

24.3(3) Management information system.

a. Performance benchmark. Information is obtained, managed, and used in an efficient and effective method to document, enhance, and improve organizational performance and service delivery.

b. Performance indicators.

(1) The organization has a system in place to maintain current individual–specific information documenting the provision and outcomes of services and treatments provided.

(2) The organization has a system in place to maintain the confidentiality and security of information that identifies specific individuals using the services, including mail, correspondence, and electronic files.

24.3(4) Human resources.

a. Performance benchmark. The organization provides qualified staff to support the organization’s mission and facilitate the provision of quality services.

b. Performance indicators. The organization:

(1) Has a job description in the personnel file of each staff member that clearly defines responsibilities and qualifications.

(2) Has a process to verify qualifications of staff including degrees, licenses, medication management training, and certification as required by the position.

(3) Evaluates staff annually.

(4) Includes a plan for staff development for each staff member in the annual evaluation.

(5) Provides training and education to all staff relevant to their positions.

(6) Provides for approved training on child and dependent adult abuse reporter requirements to all organization staff who are mandatory abuse reporters. The organization documents in personnel records training on child and dependent adult abuse reporter requirements.

(7) Has staff members sign a document indicating that they are aware of the organization’s policy on confidentiality and maintains these documents in the personnel files.

(8) Provides an initial orientation to new staff and documents this orientation in the employee’s personnel file.

(9) Has mechanisms in place that afford staff the right to express concerns about a particular care issue or to file a grievance concerning a specific employment situation.

(10) Completes criminal and abuse record checks and evaluations as required in Iowa Code section 135C.33(5) before employment for any employee who meets with individuals using the services in the individuals’ homes.

(11) Establishes and implements a code of ethics for all staff addressing confidentiality, individual rights, and professional and legal issues in providing services and documents in the personnel records that the code of ethics in effect at the time of review has been reviewed with each staff member.

24.3(5) Organizational environment.

a. Performance benchmark. The organization provides services in an organizational environment that is safe and supportive for the individuals being served and the staff providing services.

b. Performance indicators.

(1) The environment enhances the self–image of the individual using the service and preserves the individual’s dignity, privacy, and self–development.

(2) The environment is safe and accessible and meets all applicable local, state, and federal regulations.

(3) The processes that service and maintain the environment and the effectiveness of the environment are reviewed within the organization’s monitoring and improvement system.

(4) The organization establishes intervention procedures for behavior that presents significant risk of harm to the individual using the service or others. The interventions also ensure that the individual’s rights are protected and that due process is afforded.

(5) The organization meets state and federal regulations in the way it implements the safe storage, provision, administration, and disposal of medication when used within the service.

441—24.4(225C) Standards for services. Providers for the services set forth in subrules 24.4(9) through 24.4(13) shall meet the standards in subrules 24.4(1) through 24.4(8) in addition to the standards for the specific service. Providers of outpatient psychotherapy and counseling services shall also meet standards in subrules 24.4(1), 24.4(2), 24.4(4), 24.4(6), 24.4(7), and 24.4(8). Providers of emergency services or evaluation services shall meet the benchmark for the services they provide.

24.4(1) Social history.

a. Performance benchmark. The organization completes a social history for each individual served.

b. Performance indicators.

(1) The organization collects and documents relevant historical information and organizes the information in one distinct document in a narrative format.

(2) The social history includes:

1. Relevant information regarding the onset of disability.

2. Family, physical, psychosocial, behavioral, cultural, environmental, and legal history.

3. Developmental history for children.

4. Any history of substance abuse, domestic violence, or physical, emotional, or sexual abuse.

(3) Staff review and update the social history at least annually.

24.4(2) Assessment.

a. Performance benchmark. The organization develops a written assessment for each individual served. The assessment is the basis for the services provided to the individuals.

b. Performance indicators.

(1) The assessment includes information about the individual’s current situation, diagnosis, needs, problems, wants, abilities and desired results, gathered with the individual’s involvement.

(2) Staff solicit collateral provider information as appropriate to the individual situation in order to compile a comprehensive and full assessment.

(3) Staff develop and complete the assessment in a narrative format.

(4) Staff base decisions regarding the level, type and immediacy of services to be provided, or the need for further assessment or evaluation, upon the analysis of the information gathered in the assessment.

(5) Staff complete an annual reassessment for each individual using the service and document the reassessment in a written format.

(6) Documentation supporting the diagnosis is contained in the individual’s record. A diagnosis of mental retardation is supported by a psychological evaluation conducted by a qualified professional. A diagnosis of developmental disability is supported by professional documentation. A determination of chronic mental illness is supported by a psychiatric or psychological evaluation conducted by a qualified professional.

24.4(3) Individual service plan.

a. Performance benchmark. Individualized, planned, and appropriate services are guided by an individual–specific service plan developed in collaboration with the individual using the service, staff, and significantly involved others as appropriate. Services are planned for and directed to where the individuals live, learn, work, and socialize.

b. Performance indicators.

(1) The service plan is based on the current assessment.

(2) The service plan identifies observable or measurable individual goals and action steps to meet the goals.

(3) The service plan includes interventions and supports needed to meet those goals with incremental action steps, as appropriate.

(4) The service plan includes the staff, people, or organizations responsible for carrying out the interventions or supports.

(5) Services defined in the service plan are appropriate to the severity level of problems and specific needs or disabilities.

(6) The plan reflects desired individual outcomes.

(7) Activities identified in the service plan encourage the ability and right of the individual using the service to make choices, to experience a sense of achievement, and to modify or continue participation in the treatment process.

(8) Staff monitor the service plan with review occurring regularly. At least annually, staff assess and revise the service plan to determine achievement, continued need, or change in goals or intervention methods. The review includes the individual using the service, with the involvement of significant others as appropriate.

(9) Staff develop a separate, individualized, anticipated discharge plan as part of the service plan that is specific to each service the individual receives.

(10) The service plan includes documentation of any rights restrictions, why there is a need for the restriction, and a plan to restore those rights or a reason why a plan is not necessary or appropriate.

24.4(4) Documentation of service provision.

a. Performance benchmark. Individualized and appropriate intervention services and treatments are provided in ways that support the needs, desires, and goals identified in the service plan, and that respect the rights and choices of the individual using the service.

b. Performance indicators.

(1) Staff document in the narrative the individual’s participation in the treatment process.

(2) Responsible staff document the individual’s progress toward goals, the provision of staff intervention, and the individual’s response to those interventions.

(3) Documentation of service provision is in a written, legible, narrative format in accordance with organizational policies and procedures.

24.4(5) Incident reports.

a. Performance benchmark. The organization completes an incident report for incidents that occur or are identified during times of direct contact by organization staff.

b. Performance indicators.

(1) The organization has printed incident report forms available that include the following information:

1. The name of the individual served who was involved in the incident.

2. The date and time the incident occurred.

3. A description of the incident.

4. The names of all organization staff and others who were present or responded at the time of the incident. (For confidentiality reasons, other individuals who receive services should be identified by initials or some other accepted means.)

5. The action the organization staff took to handle the situation.

6. The resolution of or follow–up to the incident.

(2) The staff directly involved at the time of the incident prepare and sign the incident report before forwarding it to the supervisor.

(3) Staff file a copy of the completed incident report in a centralized location and make a notation in the individual’s file.

(4) Staff send a copy of the incident report to the individual’s Medicaid targeted case manager or county case worker who is involved in funding the service and notify the individual’s legal guardian within 72 hours of the incident.

24.4(6) Confidentiality and legal status.

a. Performance benchmark. Staff release medical and mental health information only when properly authorized.

b. Performance indicators.

(1) The organization obtains written consent from the individual using the service, the individual’s legal guardian, or other people authorized by law before releasing personal identifying information, medical records, mental health rec–ords, or any other confidential information.

(2) Staff complete releases in accordance with existing federal and state laws, rules, and regulations and maintain them in each individual file.

(3) Guardianship papers and probation, commitment, or other court orders are placed in the individual’s record, if applicable.

24.4(7) Service systems.

a. Performance benchmark. The organization develops a clear description of each of the services offered. The organization develops an admission and discharge system of services. Staff coordinate services with other settings and providers.

b. Performance indicators.

(1) The organization has established and documented the necessary admission information to determine each individual’s eligibility for participation in the service.

(2) Staff include verification in each individual’s file that a service description was provided to the individual using the service and, when appropriate, to family or significant others.

(3) Continuity of services occurs through coordination among the staff and professionals providing services. Coordination of services through linkages with other settings and providers has occurred, as appropriate.

(4) Staff include a written discharge summary in each individual record at the time of discharge.

24.4(8) Respect for individual rights.

a. Performance benchmark. Each individual using the service is recognized and respected in the provision of services, in accordance with basic human, civil, and statutory rights.

b. Performance indicators.

(1) Staff provide services in ways that respect and enhance the individual’s sense of autonomy, privacy, dignity, self–esteem, and involvement in the individual’s own treatment. Staff take language barriers, cultural differences, and cognitive deficits into consideration and make provisions to facilitate meaningful individual participation.

(2) Staff inform individuals using the service and, when appropriate, family and significant others of their rights, choices, and responsibilities.

(3) The organization has a procedure established to protect the individuals using the service during any activities, procedure or research that requires informed consent.

(4) The organization verifies that individuals using the service and their guardians are informed of the process to express questions, concerns, complaints, or grievances about any aspect of the individual’s service, including the appeal process.

(5) The organization provides the individuals using the service and their guardians the right to appeal the application of policies, procedures, or any staff action that affects the individual using the service. The organization has established written appeal procedures and a method to ensure that the procedures and appeal process are available to individuals using the service.

(6) All individuals using the service, their legal representatives, and other people authorized by law have access to the records of the individual using the service in accordance with state and federal laws and regulations.

24.4(9) Case management services. “Case management services” means those services established pursuant to Iowa Code section 225C.20.

a. Performance benchmark. Case management services link individuals using the service to service agencies and support systems responsible for providing the necessary direct service activities and coordinate and monitor those services.

b. Performance indicators.

(1) Staff clearly define the need for case management and document it annually.

(2) At a minimum, the team is composed of the individual using the service, the case manager, and providers or natural supports relevant to the individual’s service needs. The team may also include family members, at the discretion of the individual using the service.

(3) The team works with the individual using the service to establish the service plan that guides and coordinates the delivery of the services.

(4) The case manager advocates for the individual using the service.

(5) The case manager coordinates and monitors the services provided to the individual using the service.

(6) Documentation of contacts includes the date, the name of the individual using the service, the name of the case manager, and the place of service.

(7) The case manager holds individual face–to–face meetings at least quarterly with the individual using the service.

(8) Case managers do not provide direct services. Individuals using the service are linked to appropriate resources, which provide necessary direct services and natural supports.

(9) Individuals using the service participate in developing an individualized crisis intervention plan that includes natural supports and self–help methods.

(10) Documentation shows that individuals using the service are informed about their choice of providers as provided in the county management plan.

(11) Within an accredited case management program, the average caseload is no more than 45 individuals per each full–time case manager.

(12) The case manager communicates with the team and then documents in the individual’s file a quarterly review of the individual’s progress toward achieving the goals.

24.4(10) Day treatment services. “Day treatment” means an individualized service emphasizing mental health treatment and intensive psychosocial rehabilitation activities designed to increase the individual’s ability to function independently or facilitate transition from residential placement. Staff use individual and group treatment and rehabilitation services based on individual needs and identified behavioral or mental health issues.

a. Performance benchmark. Individuals using the service who are experiencing a significantly reduced ability to function in the community are stabilized and improved by the receipt of psychosocial rehabilitation, mental health treatment services, and in–home support services, and the need for residential or inpatient placement is alleviated.

b. Performance indicators.

(1) Individuals using the service participate with the organizational staff in identifying the problem areas to be addressed and the goals to be achieved that are based on the individual’s need for services.

(2) Individuals using the service receive individualized services designed to focus on those identified mental health or behavioral issues that are causing significant impairment in their day–to–day functioning.

(3) Individuals who receive intensive outpatient and day treatment services receive a comprehensive and integrated schedule of recognized individual and group treatment and rehabilitation services.

(4) Individuals using the service and staff review their progress in resolving problems and achieving goals on a frequent and regular basis.

(5) Individuals using the service receive services appropriate to defined needs and current risk factors.

(6) Individuals using the service receive services from staff who are appropriately qualified and trained to provide the range and intensity of services required by the individual’s specific problems or disabilities. A mental health professional provides or directly supervises the provision of treatment services.

(7) Individuals using the service participate in discharge planning that focuses on coordinating and integrating individual, family, and community and organization resources.

(8) Family members of individuals using the service are involved in the planning and provision of services, as appropriate and as desired by the individual.

24.4(11) Intensive psychiatric rehabilitation services. “Intensive psychiatric rehabilitation services” means services designed to restore, improve, or maximize level of functioning, self–care, responsibility, independence, and quality of life; to minimize impairments, disabilities, and disadvantages of people who have a disabling mental illness; and to prevent or reduce the need for services in a hospital or residential setting. Services focus on improving personal capabilities while reducing the harmful effects of psychiatric disability, resulting in an individual’s recovering the ability to perform a valued role in society.

a. Performance benchmark. Individuals using the service who are experiencing a significantly reduced ability to function in the community due to a disability are stabilized and experience role recovery by the receipt of intensive psychiatric rehabilitation services.

b. Performance indicators.

(1) Individuals using the service participate with the psychiatric rehabilitation practitioner in identifying the specific rehabilitation issues, developing environmental rehabilitation goals, and specifying service objectives or interventions. A service plan as specified in subrule 24.4(3) is required after the readiness assessment has been completed.

(2) Individuals using the service receive individualized services designed to focus on those identified mental health needs, functional needs, and support needs that contribute to the individual’s level of disability and prevent full participation in the life of the community.

(3) Whenever possible, intensive psychiatric rehabilitative services are provided in natural settings where individuals using the service live, learn, work and socialize.

(4) Individuals using the service and a psychiatric reha–bilitation practitioner review on a frequent and regular basis the individual’s progress in accomplishing rehabilitation objectives or interventions and attaining environmental rehabilitation goals.

(5) Individuals using the service receive services appropriate to mutually determined disability–related challenges and current risk factors.

(6) Individuals using the service receive services from staff who meet the requirements of a psychiatric practitioner. A mental health professional or psychiatric rehabilitation practitioner supervises the provision of psychiatric rehabil–itation services.

(7) During goal keeping, individuals using the service participate in discharge planning that focuses on coordinating and integrating individual, family, community, and organization resources for successful community tenure and the anticipated end of psychiatric rehabilitation services.

(8) Significantly involved others are involved in the planning and provision of services as appropriate and as desired by the individual using the service.

(9) Individuals using the service receive four to ten hours per week of recognized psychiatric rehabilitation services. All services are provided for an identified period.

(10) Staff document changes in motivational readiness to choose valued roles and environments at the end of readiness assessment and monthly during readiness development.

(11) Staff document increases in skill acquisition and skill competency in each individual’s file monthly while doing direct skill teaching in the skill competency phase of goal achieving and during goal keeping.

(12) Staff document resource acquisition and use in each individual’s file monthly during the resource acquisition phase of goal achieving and during goal keeping.

(13) Staff document the achievement of chosen rehabil–itation goals in each individual’s file regularly during goal keeping.

(14) Staff or the individual using the service documents the level of individual satisfaction with intensive psychiatric rehabilitation services in each individual’s file on an ongoing basis.

(15) Staff document the individual’s satisfaction with chosen roles and environments in each individual’s file regularly during goal keeping.

(16) Individuals using the service achieve positive changes in environmental status, such as moving to a more independent living arrangement, enrolling in an education program, getting a job, or joining a community group. Staff document this achievement in each individual’s file regularly during goal keeping.

(17) Staff document the need for and use of psychiatric inpatient services in each individual’s file.

24.4(12) Supported community living services. “Supported community living services” means those services provided to individuals with a mental illness, mental retardation, or developmental disability to enable them to develop supports and learn skills that will allow them to live, learn, work and socialize in the community. Services are individualized, need– and abilities–focused, and organized according to the following components: outreach to appropriate support or treatment services; assistance and referral in meeting basic human needs; assistance in housing and living arrangements; crisis intervention and assistance; social and vocational assistance; the provision of or arrangement for personal, environmental, family, and community supports; facilitation of the individual’s identification and development of natural support systems; support, assistance, and education to the individual’s family and to the community; protection and advocacy; and service coordination.

These services are to be provided by organizational staff or through linkages with other resources and are intended to be provided in the individual’s home or other natural community environment where the skills are learned or used. Supported community living is not part of an organized mental health support or treatment group, drop–in center, or clubhouse. Skill training groups may be one of the activities in the service plan and part of supported community living. Skill training groups cannot stand alone as a supported community living service.

a. Performance benchmark. Individuals using the service live, learn, work, and socialize in the community.

b. Performance indicators.

(1) Individuals receive services within their home and community setting where the skills are learned or used.

(2) At intake, the individuals using the service participate in a functional assessment to assist in defining areas of service need and establishing a service plan. Staff summarize the findings of the functional assessment in a narrative that describes the individual’s current level of functioning in the areas of living, learning, working, and socialization. Staff review functional assessments on a regular basis to determine progress.

(3) Individuals using the service receive skill training and support services directed to enabling them to regain or attain higher levels of functioning or to maximize functioning in the current goal areas.

(4) Services are delivered on an individualized basis in the place where the individual using the service lives or works.

(5) Documentation that steps have been taken to encourage the use of natural supports and develop new ones is in the individual file.

(6) Individuals using the service participate in developing a detailed individualized crisis intervention plan that includes natural supports and self–help methods.

24.4(13) Partial hospitalization services. “Partial hospitalization services” means an active treatment program providing intensive group and individual clinical services within a structured therapeutic environment for individuals who are exhibiting psychiatric symptoms of sufficient severity to cause significant impairment in day–to–day functioning. Short–term outpatient crisis stabilization and rehabilitation services are provided to avert hospitalization or to transition from an acute care setting. Services are supervised and managed by a mental health professional, and psychiatric consultation is routinely available. Clinical services are provided by a mental health professional.

a. Performance benchmark. Individuals who are experiencing serious impairment in day–to–day functioning due to severe psychiatric distress are enabled to remain in their community living situation through the receipt of therapeutically intensive milieu services.

b. Performance indicators.

(1) Individuals using the service and staff mutually develop an individualized service plan that focuses on the behavioral and mental health issues and problems identified at admission. Goals are based on the individual’s need for services.

(2) Individuals using the service receive clinical services that are provided and supervised by mental health professionals. A licensed and qualified psychiatrist provides psychiatric consultation and medication services.

(3) Individuals using the service receive a comprehensive schedule of active, planned, and integrated psychotherapeu–tic and rehabilitation services provided by qualified professional staff.

(4) Individuals using the service receive group and individual treatment services that are designed to increase their ability to function independently.

(5) Individuals using the service are involved in the development of an anticipated discharge plan that includes linkages to family, provider, and community resources and services.

(6) Individuals using the service have sufficient staff available to ensure their safety, to be responsive to crisis or individual need, and to provide active treatment services.

(7) Individuals using the service receive services commensurate with current identified risk and need factors.

(8) Support systems identified by individuals using the service are involved in the planning and provision of services and treatments as appropriate and desired by the individual using the service.

24.4(14) Outpatient psychotherapy and counseling services. “Outpatient psychotherapy and counseling services” means a dynamic process in which the therapist uses professional skills, knowledge and training to enable individuals using the service to realize and mobilize their strengths and abilities, take charge of their lives, and resolve their issues and problems. Psychotherapy services may be individual, group, or family, and are provided by a person meeting the criteria of a mental health professional or by a person with a master’s degree or an intern working on a master’s degree in a mental health field who is directly supervised by a mental health professional.

a. Performance benchmark. Individuals using the service realize and mobilize their own strengths and abilities to take control of their lives in the areas where they live, learn, work, and socialize.

b. Performance indicators.

(1) Individuals using the service are prepared for their role as partners in the therapeutic process at intake where they define their situation, evaluate those factors that affect their situation, and establish desired problem resolution.

(2) Psychiatric and psychopharmacological services are available as needed by the individual using the service.

(3) Staff document current and future treatment goals and interventions and supports mutually agreed to by the individual using the service and the therapist in the initial assessment and after each intervention and treatment service. A distinct service plan document is not required.

(4) Staff document the individual’s status at each visit and the reasons for continuing or discontinuing services in the progress notes. A distinct discharge summary document is not required.

(5) Individual records are subject to an internal quality assurance process and monitored by the organization. Quality assurance activities include:

1. A review of the individual’s involvement in and with treatment.

2. Verification that treatment activities are documented and are relevant to the diagnosis or presenting problem.

3. Verification that the organization follows up on individuals who miss appointments.

24.4(15) Emergency services. “Emergency services” means crisis services that provide a focused assessment and rapid stabilization of acute symptoms of mental illness or emotional distress and are available and accessible, by telephone or face–to–face, on a 24–hour basis. The clinical assessment and psychotherapeutic services are provided by a person who has training in emergency services and who is a mental health professional or has access to a mental health professional, at least by telephone.

Services may be provided by a person who holds a master’s degree in a mental health field including, but not limited to, psychology, counseling and guidance, psychiatric nursing, psychiatric rehabilitation, or social work; or a person who holds a bachelor’s degree in a human service discipline with five years’ experience providing mental health services or human services; or a psychiatric nurse who has three years of clinical experience in mental health. A comprehensive social history is not required for this treatment.

a. Performance benchmark. Individuals using the service receive emergency services when needed that provide a focused assessment and rapid stabilization of acute symptoms of mental illness or emotional distress.

b. Performance indicators.

(1) Individuals using the service can access 24–hour emergency services by telephone or in person.

(2) Information about how to access emergency services is publicized to facilitate availability of services to individuals using the service, family members, and the public.

(3) Individuals using the service receive assessments and services from either a mental health professional or from personnel who meet the requirements above and are supervised by a mental health professional. Psychiatric consultation is available, if needed.

(4) Individuals using the service receive intervention commensurate with current identified risk factors.

(5) Significantly involved others are involved as necessary and appropriate to the situation and as desired by the individual using the service.

(6) Individuals using the service are involved in the development of postemergency service planning and resource identification and coordination.

(7) Staff document contacts in a narrative format and maintain them in a central location that will allow timely response to the problems presented by the individual using the service.

(8) Timely coordination of contacts with relevant professionals is made.

24.4(16) Evaluation services. “Evaluation services” means screening, diagnosis and assessment of individual and family functioning needs, abilities, and disabilities, and determining current status and functioning in the areas of living, learning, working, and socializing.

a. Performance benchmark. Individuals using the service receive comprehensive evaluation services that include screening, diagnosis, and assessment of individual or family functioning, needs and disabilities.

b. Performance indicators.

(1) Evaluations include screening, diagnosis, and assessment of individual or family functioning, needs, abilities, and disabilities.

(2) Evaluations consider the emotional, behavioral, cognitive, psychosocial, and physical information as appropriate and necessary.

(3) Evaluations include recommendations for services and need for further evaluations.

(4) Mental health evaluations are completed by a person who meets the criteria of a mental health professional, or a person with a master’s degree who is license–eligible and supervised by a mental health professional, or an intern of a master’s or doctorate program who is supervised by a mental health professional.

441—24.5(225C) Accreditation. The commission shall make all decisions involving issuance, denial, or revocation of accreditation. This accreditation shall delineate all categories of service the organization is accredited to provide. Although an organization may have more than one facility or service site, the commission shall issue only one accreditation notice to the organization, except as provided in paragraph 24.5(5)“f.”

24.5(1) Organizations eligible for accreditation. The commission accredits the following organizations:

a. Case management providers.

b. Community mental health centers.

c. Supported community living providers.

d. Mental health service providers.

24.5(2) Application and renewal procedures. An applicant for accreditation shall submit Form 470–3005, Application for Accreditation, to the Division of Behavioral, Developmental, and Protective Services, Department of Human Services, Fifth Floor, Hoover State Office Building, 1305 East Walnut, Des Moines, Iowa 50319–0114.

a. The application shall be signed by the organization’s chief executive officer and the chairperson of the governing body and shall include the following information:

(1) The name and address of the applicant organization.

(2) The name and address of the chief executive officer of the applicant organization.

(3) The type of organization and specific services for which the organization is applying for accreditation.

(4) The targeted population groups for which services are to be provided, as applicable.

(5) The number of individuals in each of the targeted population groups to be served, as applicable.

(6) Other information related to the standards as requested by division staff.

b. Organizations that have received an initial 270–day accreditation and have not provided services by the end of the 270 days shall have their accreditation lapse for that specific service. This lapse of accreditation shall not be considered a denial. New applications may be submitted that include the waiting list of individuals to be served along with specific timelines of when the services will begin.

c. An organization in good standing may apply for an add–on service.

24.5(3) Application review. Upon receipt of an application, Form 470–3005, the division shall review the materials submitted to determine whether the application is complete and request any additional material as needed. Survey reviews shall commence only after the organization has submitted all application material.

a. For a new organization, staff may initially conduct a desk audit or on–site visit to review the organization’s mission, policies, procedures, staff credentials, and program descriptions.

b. The division shall review organizational services and activities as determined by the accreditation category. This review may include audits of case records, administrative procedures, clinical practices, personnel records, performance improvement systems and documentation, and interviews with staff, individuals, boards of directors, or others deemed appropriate, consistent with the confidentiality safeguards of state and federal laws.

c. A team shall make an on–site visit to the organization. The division shall not be required to provide advance notice to the provider of the on–site visit for accreditation.

d. The on–site team shall consist of designated members of the division staff. At the division’s discretion, the team may include provider staff of other providers, individuals, and others deemed appropriate.

e. The team shall survey the organization and the services indicated on the accreditation application in order to verify information contained in the application and ensure compliance with all applicable laws, rules, and regulations. At the time of a one–year recertification visit, the team shall review the services that did not receive three–year accreditation.

f. The team shall review case records and personnel rec–ords to see how the organization implements each of the indicators in the standards. If the documentation is not found in the records, the organization shall show, at the time the division staff is on site, documentation of how the indicator was accomplished.

g. When an organization subcontracts with agencies to provide services, on–site reviews shall be done at each subcontracting agency to determine if each agency meets all the requirements in this chapter. The accreditation is issued to the organization.

h. At the end of the survey, the team leader shall lead an exit review. Before the close of the on–site review, the organization must provide the team leader any documentation that demonstrates how the organization has met these standards for services.

i. The accreditation team leader shall send a written report of the findings to the organization within 30 working days after completion of the accreditation survey.

j. Organizations required to develop a corrective action and improvement plan pursuant to subrule 24.5(4)“a” shall submit the plan to the division within 30 working days after the receipt of a report issued as a result of the division’s survey review. The action plan shall include specific problem areas cited, corrective actions to be implemented by the organization, dates by which each corrective measure shall be completed, and quality assurance and improvement activities to measure and ensure continued compliance.

k. Quality assurance staff shall review and approve the corrective action and improvement plan before making an accreditation recommendation to the commission.

l. The division shall offer technical assistance to organizations applying for first–time accreditation. Following accreditation, any organization may request technical assistance from the division to bring into conformity those areas found in noncompliance with this chapter’s requirements. If multiple deficiencies are noted during a survey, the commission may also require that technical assistance be provided to an organization, as staff time permits, to assist in implementation of an organization’s corrective action plan. Renewal applicants may be provided technical assistance as needed, if staff time permits.

24.5(4) Performance outcome determinations. There are three major areas addressed in these standards: policies and procedures, organizational activities, and services, as set forth in rules 441—24.2(225C), 24.3(225C), and 24.4(225C). Each rule contains standards, with a performance benchmark and performance indicators for each standard. Each of the applicable standards for the three areas (policy and procedures, organizational activities, and services) shall be reviewed.

a. Quality assurance staff shall determine a performance compliance level based on the number of indicators found to be in compliance.

(1) For service indicators, if 25 percent or more of the files reviewed do not comply with the requirements for a performance indicator, then that indicator is considered out of compliance and corrective action is required.

(2) Corrective action is required when any indicator under policies and procedures or organizational activities is not met.

b. In the overall rating, the performance rating for policy and procedures shall count as 15 percent of the total, organizational activities as 15 percent of the total, and services as 70 percent of the total.

(1) Each of the three indicators for policy and procedures has a value of 5 out of a possible score of 15.

(2) Each of the 32 indicators for organizational activities has a value of .47 out of a possible score of 15.

(3) Each service has a separate weighting according to the total number of indicators applicable for that service, with a possible score of 70, as follows:

Service	Number of indicators	Value of each indicator
Case management	52	1.35
Day treatment	47	1.49
Service	Number of indicators	Value of each indicator
Intensive psychiatric rehabilitation	56	1.25
Supported community living	45	1.55
Partial hospitalization	47	1.49
Outpatient psychotherapy and counseling	24	2.92
Emergency	8	8.75
Evaluation	4	17.50

c. Quality assurance staff shall determine a separate score for each service to be accredited. When an organization offers more than one service under this chapter, there shall be one accreditation award for all the services based upon the lowest score of the services surveyed.

24.5(5) Accreditation decisions. The division shall prepare all documents with a final recommendation regard–ing accreditation to be presented at the commission meeting. The division shall mail to all commission members summary reports of the on–site service review or desk review and a final recommendation concerning accreditation on each application to be processed at the next commission meeting.

If the commission approves accreditation, Form 470– 3006, Notice of Action–Approval, shall be issued which states the duration of the accreditation and the services that the organization is accredited to provide. If the commission denies or revokes accreditation, Form 470–3008, Notice of Action–Denial, shall be issued which states the reasons for the denial.

a. Initial 270–day accreditation. This type of accreditation may be granted to a new organization. The commission shall base the accreditation decision on a report by the division that:

(1) The organization has an approved policies and procedures manual that includes job descriptions.

(2) Staff assigned to the positions meet the qualifications in the standards and the policies and procedures of the organization.

b. Three–year accreditation. An organization or service is eligible for this type of accreditation if it has achieved an 80 percent or higher performance compliance level. The organization may be required to develop and submit a plan of corrective action and improvement that may be monitored either by written report or an on–site review.

c. One–year accreditation. An organization is eligible for this type of accreditation when multiple and substantial deficiencies exist in specific areas causing compliance levels with performance benchmarks and indicators to fall between 70 percent and 79 percent, or when previously required corrective action plans have not been implemented or completed. The organization must submit a corrective action plan to correct and improve specific deficiencies and overall levels of functioning. Quality assurance staff shall monitor this plan through on–site reviews, written reports and the provision of technical assistance.

d. Probational 180–day accreditation. An organization is eligible for probational 180–day accreditation instead of denial when the overall compliance level is from 60 to 69 percent, and pervasive and serious deficiencies exist; or when corrective action plans previously required as a result of a one–year accreditation have not been implemented or completed. The commission may downgrade organizations with a one–year or three–year accreditation to the probational 180–day accreditation when one or more complaints are founded.

All deficiencies must be corrected by the time of thefollow–up on–site survey at the conclusion of the provisional period. After this survey, the organization shall meet the standards for accreditation for a one–year accreditation, or the commission shall deny accreditation.

e. Add–on service accreditation. When the on–site review of the add–on service results in a score comparable to the overall organization’s score at the time of the most recent accreditation, the organization shall have the add–on accreditation date coincide with the overall accreditation date of the organization. If the add–on service on–site review results in a lower score and lower accreditation decision, division staff shall conduct another on–site review for that add–on service when the add–on service accreditation expires.

f. Special terms.

(1) When an organization subcontracts with more than one agency, the length of accreditation shall be determined individually.

(2) The accreditation period for services that have deemed status according to rule 24.6(225C) shall coincide with the period awarded by the national accrediting body or the certification for home– and community–based services.

(3) New or add–on services that meet the requirements for accreditation shall receive an initial 270–day accreditation for that individual service. The term of accreditation shall be determined individually. At the time of recertification of the new add–on service, recommendation may be made to coincide with the term of accreditation for the other services of that organization that are accredited by the commission.

g. Extensions. The division may grant an extension to the period of accreditation if there has been a delay in the accreditation process that is beyond the control of the organization, the division, or the commission; or the organization has requested an extension to permit the organization to prepare and obtain approval of a corrective action plan. The division shall establish the length of the extension on a case–by–case basis.

h. Denial of accreditation. An emergency commission meeting may be called to consider denial or revocation of accreditation.

(1) Accreditation shall be denied when there are pervasive and serious deficiencies that put individuals at immediate risk or when the overall compliance level falls to 59 percent or below. Under such circumstances no corrective action report shall be required.

(2) When one or more complaints are received, quality assurance staff shall complete an investigation and submit a report to the commission. If any of the complaints are substantiated and the commission determines that there is a pervasive or serious deficiency, the commission may deny accreditation.

(3) An organization whose accreditation has been denied or revoked shall not be approved for any service for at least six months from the notice of decision denying or revoking accreditation.

(4) If the organization disagrees with any action or failure to act in regard to the notice of decision to deny accreditation to the organization, the organization has the right to appeal in accordance with 441—Chapter 7.

24.5(6) Nonassignability. Accreditation shall not be assignable to any other organization or provider. Any person or other legal entity acquiring an accredited facility for the purpose of operating a service shall make an application as provided in subrule 24.5(2) for a new certificate of accreditation. Similarly, any organization having acquired accreditation and desiring to alter the service philosophy or transfer operations to different premises must notify the division 30 calendar days before taking action in order for the division to review the change.

24.5(7) Discontinuation. A discontinued organization is one that has terminated the service for which it has been accredited. Accreditation is not transferable. An organization shall notify the division of any sale or change in the business status or transfer of ownership in the business or impending closure of the accredited or certified service at least 30 calendar days before closure. The organization shall be responsible for the referral and placement of individuals using the services, as appropriate, and for the preservation of all rec–ords.

441—24.6(225C) Deemed status. The commission may grant deemed status to organizations accredited by a recognized national, not–for–profit, accrediting body when the commission determines the accreditation is for similar services. The commission shall also grant deemed status for supported community living services to organizations that are certified under the Medicaid home– and community–based services (HCBS) mental retardation waiver.

24.6(1) National accrediting bodies. The national accrediting bodies currently recognized as meeting division criteria for possible deeming are:

1. Joint Commission on Accreditation of Healthcare Organizations (JCAHO).

2. The Commission on Accreditation of Rehabilitation Facilities (CARF).

3. The Council on Quality and Leadership in Supports for People with Disabilities (The Council).

4. Council on Accreditation of Services for Families and Children (COA).

The accreditation credentials of these national bodies must specify the type of organization, programs, and services that they accredit and include targeted population groups, if appropriate.

Deemed status means that the division is accepting an outside body’s review, assessment, and accreditation of an organization’s functioning and services. Therefore, the accrediting body doing the review must be assessing categories of organizations and types of programs and services corresponding to those described under this chapter.

When an organization that is nationally accredited requests deemed status for services not covered by the national body’s standards but covered under this chapter, the division shall accredit those services. Division staff shall provide technical assistance to organizations with deemed status as time permits.

24.6(2) Application for deemed status.

a. To apply for deemed status, the organization shall submit Form 470–3332, Application and Letter of Agreement, and copies of the latest survey report and accreditation certificate, documentation of specific programming policies and procedures for populations being served, and credentials for staff providing services to populations served.

b. The division shall not accept an application for deemed status once the division has begun an on–site visit. The organization shall complete the accreditation process.

24.6(3) Requirements for deemed status. To be eligible for deemed status, the organization shall:

a. Be currently accredited by a recognized national accrediting body for services as defined in subrule 24.6(1); or

b. Be currently accredited for supported community living under the Medicaid HCBS mental retardation waiver pursuant to 441—subrule 77.37(14). If individuals with mental illness are served, the organization must submit verification of the training and credentials of the staff to show that its staff can meet the needs of the individuals served.

c. Require the supported community living staff to have the same supervisor as the HCBS/MR program.

d. Require staff for the program being deemed to have the training and credentials needed to meet the needs of the person served.

e. Require staff to meet the incident reporting requirements in subrule 24.4(5).

24.6(4) Granting of deemed status. When the commission grants deemed status, the accreditation period shall coincide with the period awarded by the national accrediting body or the certification for home– and community–based services. However, under no circumstances shall the commission award accreditation for longer than three years.

24.6(5) Reservations. When deemed status is granted, the commission and the division reserve rights to the following:

a. To have division staff conduct on–site reviews for those organizations applying for deemed status which the division has not previously accredited.

b. To have division staff do joint site visits with the accrediting body, attend exit conferences, or conduct focused follow–behind visits as determined to be appropriate in consultation with the national accrediting organization and the provider organization.

c. To be informed of and to investigate all complaints that fall under this chapter’s jurisdiction according to theprocess in rule 441—24.7(225C). The division shall report findings to the national accrediting body.

d. To review and act upon deemed status when:

(1) Complaints have been founded, or

(2) The organization’s national accreditation status expires without renewal, or

(3) The national accrediting body downgrades or withdraws the organization’s status.

24.6(6) Continuation of deemed status.

a. The organization shall send a copy of Form 470–3332, Application and Letter of Agreement, along with a copy of the application for renewal to the national accrediting body at the same time as application is made to a national accrediting body.

b. HCBS staff shall furnish to the division copies of the letter notifying a provider of a forthcoming recertification for organizations deemed for supported community living under the HCBS mental retardation waiver.

c. Following the on–site review by a national accrediting body, the organization shall send the division a copy of the cover sheet and the national accrediting body report within 30 calendar days from the date that the organization receives the documents. If a corrective action plan is required, the organization shall send the division a copy of all correspondence and documentation related to the corrective action.

d. HCBS staff shall furnish the division with copies of HCBS certification reports and any corrective action required by HCBS within 30 calendar days after HCBS staff complete the report or the organization completes required corrective action.

441—24.7(225C) Complaint process. The division shall receive and record complaints by individuals using the services, employees, any interested people, and the public relating to or alleging violations of applicable requirements of the Iowa Code or administrative rules.

24.7(1) Submittal of complaint. The complaint may be delivered personally or by mail to the Division of Behavioral, Developmental, and Protective Services, Department of Human Services, Hoover State Office Building, Fifth Floor, 1305 East Walnut, Des Moines, Iowa 50319–0114, or by telephone (515)281–5874.

a. The division shall assist individuals in making a complaint as needed or requested.

b. The information received should specifically state the basis of the complaint. The division shall keep the name of the complainant confidential to the extent allowed by law.

24.7(2) Review of complaint. Upon receipt of a complaint, the division shall make a preliminary desk review of the complaint to determine an appropriate response. That response may include notifying the person who submitted the complaint that there is no basis for a review, referring the complaint to another investigative body, or making a determination to do a full investigation.

24.7(3) Investigation of complaint. If the division concludes that the complaint is reasonable, has merit, and is based on a violation of rules in this chapter, it may make an investigation of the organization. The division may investigate complaints by an office audit or by an on–site visit. The division shall give priority for on–site visits to instances when individuals using the service are in immediate jeopardy.

a. If a decision is made to conduct an on–site investigation, the on–site review does not require advance notice to the organization. The division shall notify the chief executive officer and board chairperson of the organization involved before or at the commencement of the on–site investigation that the division has received a complaint.

b. The division shall give the organization an opportunity to informally present a position regarding allegations in the complaint. The organization may submit the position in writing within five working days following the on–site visit or present it in a personal conference with division staff.

c. The division shall submit a written report by certified mail to the chief administrative officer of the organization and the chairperson of the board of directors within 20 working days after completion of the investigation.

d. The report shall indicate whether the complaint was or was not substantiated, the basis for the substantiation or nonsubstantiation, the specific rules violated, and a recommendation for corrective action with time lines specified in the report.

e. The date of delivery shown by the certified mail stub shall constitute the date of official notice.

24.7(4) Review by commission. When individuals receiving services are in immediate jeopardy, the commission may call an emergency meeting to make a decision on possible revocation or denial of accreditation.

a. To the extent allowed by Iowa Code section 21.5, the commission may review the complaint and investigation report in a closed meeting. The action taken by the commission shall be voted upon in the reconvened public meeting and entered into the official record of commission minutes.

b. If the complaint is substantiated, the commission may take actions deemed appropriate, which may include shortening the term of accreditation, requiring a corrective action plan, or suspending or revoking an organization’s accreditation, depending on the severity of the substantiated complaint.

c. The division shall inform the complainant and the organization by certified mail of the findings and actions taken by the commission. The date of delivery shown by the certified mail stub shall constitute the date of official notice.

24.7(5) Corrective action plan. When the commission acts to suspend or revoke accreditation, there will be no corrective action plan. In other instances, if the complaint is substantiated, the organization shall submit a corrective action plan to the division within 20 calendar days after receiving the commission’s decision. This plan must respond to violations cited and commission requirements and include time lines, internal monitoring systems, and performance improvement planning.

Failure of the organization to respond within 20 calendar days with an acceptable corrective action plan that addresses the organization’s plan of correction following a substantiated investigation or complaint may of itself constitute the basis for revocation or suspension of accreditation. The commission shall determine the appropriate action based on the information submitted. The division shall notify the organization of any action the commission takes.

441—24.8(225C) Appeal procedure. An appeal may be filed using the procedure identified in 441—Chapter 7. Notice of an appeal shall be sent to Appeals Section, Department of Human Services, Hoover State Office Building, Fifth Floor, 1305 East Walnut, Des Moines, Iowa 50319–0114, within 30 calendar days of the written decision from the commission.

441—24.9(225C) Exceptions to policy. Requests for exceptions to the policies in this chapter shall follow the policies and procedures in the department’s general rule on exceptions to policy at 441—1.8(17A,217).

These rules are intended to implement Iowa Code chapter 225C.

[Filed 5/10/02, effective 9/1/02]

[Published 5/29/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/29/02.

ARC 1645B

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 225C.6, the Department of Human Services hereby amends Chapter 25, “Disability Services Management,” Iowa Administrative Code.

These amendments reinstate the criteria for the Mental Health and Developmental Disabilities Commission to grant a waiver from the Iowa Code requirement that a county must be affiliated with a community mental health center to qualify for receiving a payment from the Community Services Fund appropriation. These criteria were inadvertently rescinded from the Iowa Administrative Code, but are still used by the Commission.

These criteria were previously found in 441—Chapter 23, “Mental Illness, Mental Retardation, Developmental Disabilities, and Brain Injury Community Services,” at subrule 23.4(3). This chapter was written to establish policy for the creation and composition of the county or multicounty mental illness, mental retardation, developmental disabilities, and brain injury (MI/MR/DD/BI) planning councils and to define the responsibility of the planning councils. The chapter was rescinded effective July 1, 1999, since planning councils were no longer required to develop a services plan to apply for state MI/MR/DD/BI funds. (See ARC 8932A in the May 5, 1999, Iowa Administrative Bulletin.)

The Mental Health and Developmental Disabilities Commission adopted these amendments on May 7, 2002. Notice of Intended Action on these amendments was published in the Iowa Administrative Bulletin on March 6, 2002, as ARC 1416B. The Department received no comments on this Notice. These amendments are identical to those published under Notice of Intended Action.

These amendments do not provide for waivers because this is an Iowa Code requirement that cannot be waived.

These amendments are intended to implement Iowa Code section 225C.7.

These amendments shall become effective July 3, 2002.

The following amendments are adopted.

ITEM 1. Reserve rules 441—25.78 to 441—25.80.

ITEM 2. Amend 441—Chapter 25 by adopting the following new Division VII:

DIVISION VII
COMMUNITY MENTAL HEALTH CENTER WAIVER REQUEST

PREAMBLE

This division establishes a process for the mental health and developmental disabilities commission to grant a waiver to any county not affiliated with a community mental health center.

441—25.81(225C) Waiver request. Counties that havenot established or that are not affiliated with a community mental health center under Iowa Code chapter 230A are required to expend a portion of the money received from theMI/MR/DD/BI community services fund to contract with a community mental health center for services. When a county determines that a contractual arrangement is undesirable or unworkable, it may request a waiver from this requirement for a fiscal year. The waiver request and justification may be submitted to the mental health and developmental disabilities commission with the application for MI/MR/DD/BI community services funds on Form 470–0887, Waiver Request, or it may be submitted separately. The commission may grant a waiver if the request successfully demonstrates that all of the following conditions are met:

25.81(1) Accreditation of provider. The provider or network of providers that the county has contracted with to deliver the identified mental health services is accredited as another mental health provider pursuant to 441—Chapter 24.

25.81(2) Contracted services. The county has contracted to provide services that are equal to or greater than the smallest set of services provided by an accredited community mental health center in the department’s service area for that county.

25.81(3) Eligible populations. The county contract includes the following eligible populations:

a. Children.

b. Adults.

c. Elderly.

d. Chronically mentally ill.

e. Mentally ill.

This rule is intended to implement Iowa Code section 225C.7.

[Filed 5/9/02, effective 7/3/02]

[Published 5/29/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/29/02.

ARC 1646B

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

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 assistance has been canceled as a result of a participant’s choosing the limited benefit plan for the second time. 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.

These amendments were Adopted and Filed Emergency and published in the Iowa Administrative Bulletin on April 3, 2002, as ARC 1503B. Notice of Intended Action was published on the same date as ARC 1504B. The Department received no comments on the Notice of Intended Action.

The Council on Human Services adopted these amendments May 8, 2002. These amendments are identical to those published under Notice of Intended Action.

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

These amendments shall become effective on August 1, 2002, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

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 5/9/02, effective 8/1/02]

[Published 5/29/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/29/02.

ARC 1657B

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby amends Chapter 51, “Game Management Areas,” Iowa Administrative Code.

These rules give the regulations for public use of state game management areas. This amendment adds the Iowa River Corridor in Benton, Iowa and Tama Counties, all areas in Franklin County, and eliminates the exceptions in Worth and Wright Counties.

Notice of Intended Action was published March 6, 2002, as ARC 1461B. There are no changes from the Notice of Intended Action.

This amendment is intended to implement Iowa Code sections 456A.24 and 481A.6.

This amendment shall become effective July 3, 2002.

The following amendment is adopted.

Amend rule 571—51.9(481A) as follows:

571—51.9(481A) Use of nontoxic shot on wildlife areas. It shall be unlawful to hunt any migratory game bird or resident game or furbearers, except deer and turkeys, or target shoot with a shotgun while having in one’s possession any shot other than nontoxic shot approved by the U.S. Fish and Wildlife Service on the following wildlife areas:

County	Wildlife Area
Benton	Iowa River Corridor
Boone	Harrier Marsh
Buena Vista	All state and federal areas except Bluebird Access
Calhoun	South Twin Lake
Cerro Gordo	All state and federal areas
Clay	All state and federal areas except Burr Access, Dry Mud Lake, Little Sioux, Highbridge, Fen Valley, and the Ocheyedan wildlife area target shooting range
Dickinson	All state and federal areas except the Spring Run target shooting range
Emmet	All state and federal areas except Birge Lake, Grass Lake, Ryan Lake, and the East Des Moines River Access
Franklin	~~Coulter Marsh~~ All state and federal areas
Greene	All state and federal areas except Rippey Access and McMahon Access
Guthrie	McCord Pond, Lakin Slough and Bays Branch, except the target shooting range at Bays Branch
Hamilton	Little Wall Lake, Gordon Marsh and Bauer Slough
Hancock	All state and federal areas ~~except Schuldt and Goodell~~
Humboldt	All state and federal areas except Bradgate Access and Willows Access
Iowa	Iowa River Corridor
Jasper	Chichaqua
Kossuth	All state and federal areas except Seneca Access
Osceola	All state and federal areas
Palo Alto	All state and federal areas
Pocahontas	All state and federal areas except Kalsow Prairie
Polk	Paul Errington Marsh and Chichaqua
Sac	All state and federal areas except White Horse Access and Sac City Access
Tama	Iowa River Corridor
Winnebago	All state and federal areas
Worth	All state and federal areas ~~except Brights Lake~~
Wright	All state and federal areas ~~except White Tail Flats~~

[Filed 5/9/02, effective 7/3/02]

[Published 5/29/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/29/02.

ARC 1655B

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed

Pursuant to the authority of Iowa Code section 455A.5, the Natural Resource Commission hereby adopts amendments to Chapter 99, “Wild Turkey Fall Hunting by Residents,” Iowa Administrative Code.

These rules give the regulations for hunting wild turkeys by residents during the fall and include season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and method of take and procedures for obtaining licenses.

Notice of Intended Action was published March 6, 2002, as ARC 1462B. There are no changes from the Notice of Intended Action.

These amendments are intended to implement Iowa Code sections 481A.38, 481A.39, 481A.48 and 483A.7.

These amendments shall become effective July 3, 2002.

The following amendments are adopted.

ITEM 1. Rescind rule 571—99.9(481A) and adopt in lieu thereof the following new rule:

571—99.9(481A) Procedures to obtain licenses. All paid and free resident fall turkey hunting licenses must be obtained using the electronic licensing system for Iowa (ELSI). Licenses may be purchased from ELSI license agents or by calling the ELSI telephone ordering system.

99.9(1) Licenses with quotas. All paid turkey hunting licenses for which a quota is established may be obtained from ELSI agents on a first–come, first–served basis beginning the first Saturday in August until the quota fills, or through the last day of the hunting period for which the license is valid, or until December 14, whichever occurs first.

99.9(2) Licenses without quotas. All paid and free turkey hunting licenses that have no quota may be obtained from ELSI agents beginning the first Saturday in August through the last day of the hunting period for which a license is valid or until December 14, whichever occurs first.

99.9(3) Providing false information. If anyone provides false information when obtaining any fall turkey hunting license, that license and transportation tag and any other fall turkey hunting license and transportation tag obtained during the same year shall be invalid.

ITEM 2. Amend subrule 99.11(6) as follows:

99.11(6) Where free licenses are valid. Free licenses are valid only on that portion of the farm unit that is in a zone open to turkey hunting. “Farm unit” means all parcels of land that are operated as a unit for agricultural purposes and are under lawful control of the landowner or tenant. Individual parcels of land do not need to be adjacent to one another to be included in the farm unit. For purposes of obtaining a free turkey hunting license, all the land under the lawful control of a landowner and eligible family members or a tenant and eligible family members shall be considered as one farm unit, regardless of how that land is subdivided for agricultural or business purposes. “Agricultural purposes” includes but is not limited to field crops, livestock, horticultural crops (e.g., nurseries, orchards, truck farms, or Christmas tree plantations), and land managed for timber production.

[Filed 5/9/02, effective 7/3/02]

[Published 5/29/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/29/02.

ARC 1653B

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby amends Chapter 106, “Deer Hunting by Residents,” Iowa Administrative Code.

The rules in Chapter 106 give the regulations for hunting deer and include season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of taking and transportation tag requirements.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 6, 2002, as ARC 1463B. A public hearing on the proposed amendments was held April 18, 2002. The following changes were made from the Notice of Intended Action.

1. Several changes were made to adjust the taking of deer in counties where deer numbers appear to be changing. The special late season for antlerless deer was extended to include two weekends. Several counties were added to the list of counties open during the special late season. Quotas for antlerless deer were increased in some counties anddecreased slightly in others. The time for purchasingantlerless–only deer licenses for the special late season was extended through the end of the season.

2. A more precise definition of what constitutes a legal bow and arrow was included.

3. Muzzleloading pistols were added to the list of legal weapons for the early muzzleloading season.

These amendments are intended to implement Iowa Code sections 481A.38, 481A.39 and 481A.48.

These amendments shall become effective July 3, 2002.

The following amendments are adopted.

ITEM 1. Amend subrule 106.1(5) as follows:

106.1(5) Free licenses for landowners and tenants. Free licenses for eligible landowners and tenants shall be available for the youth/disabled hunter season, early ~~and~~ or late muzzleloader ~~seasons~~ season, or first and second regular gun seasons. These licenses shall be valid for hunting any deer in the season(s) designated on the license and only on the farm unit of the landowner/tenant. For purposes of obtaining a free deer hunting license, all the land under the lawful control of a landowner and eligible family members or a tenant and eligible family members shall be considered as one farm unit, regardless of how that land is subdivided for agricultural or business purposes. A second free license valid for taking only antlerless deer in the special late season may be issued to landowners and tenants who have a portion of their farm unit in a county open during that season. The second free license shall be valid only in that portion of the farm unit located in a county open during the special late season. Landowners and tenants or their eligible family members who receive a free any deer license may also purchase upto two antlerless–only deer licenses for $10 each. Theseantlerless–only licenses shall also be valid only on the farm unit.

ITEM 2. Amend subrule 106.2(4) as follows:

106.2(4) Special late season. Antlerless deer may be taken by shotgun, muzzleloading rifle, handgun or bow as permitted in 571—106.7(481A) from January 11 through January 17 19. All participants must meet the deer hunters’ orange apparel requirement in Iowa Code section 481A.122. All other regulations for taking deer with a firearm shall apply.

ITEM 3. Amend subrule 106.5(2), paragraph “b,” as follows:

b. Paid antlerless–only deer licenses for the special late season shall be valid only for antlerless deer and only in the following counties: Adair, Appanoose, Clarke, Davis, Decatur, Des Moines, Henry, Jefferson, Lee, Lucas, Mills, Monroe, Wapello, Wayne, Van Buren, Ringgold, Taylor, Adams, Union, Fremont, Page and Montgomery. An antlerless deer is defined as a deer without a visible antler or with no antler longer than 7 inches.

ITEM 4. Amend subrule 106.6(3), paragraph “a,” as follows:

a. Early muzzleloader season. No more than 7,500 paid statewide licenses will be sold. Fifty additional licenses will be issued through and will be valid only for the Iowa Army Ammunition Plant. No one may purchase more than one paid license for the early muzzleloader season. A hunter obtaining a paid early muzzleloader season license shall not be eligible to purchase any other statewide gun season license or antlerless–only licenses for the second gun or late muzzleloader season but may purchase the following additional licenses: a statewide bow license; up to two antlerless–only bow licenses; and up to two antlerless–only licenses for the special late season.

ITEM 5. Amend subrule 106.6(5) as follows:

106.6(5) Antlerless–only licenses. Paid antlerless–only licenses will be available to eligible persons by county as follows:

Adair ~~300~~ 400	Calhoun 50
Adams 500	Carroll 50
Allamakee 550	Cass 150
Appanoose 600	Cedar 200
Audubon 100	Cerro Gordo ~~100~~ 50
Benton 200	Cherokee 50
Black Hawk 50	Chickasaw 200
Boone ~~200~~ 100	Clarke 200
Bremer ~~100~~ 50	Clay 50
Buchanan 50	Clayton 850
Buena Vista 50	Clinton 200
Butler ~~250~~ 200	Crawford ~~150~~ 100
Dallas ~~150~~ 200	Marion ~~200~~ 250
Davis ~~800~~ 1000	Marshall 100
Decatur 800	Mills 100
Delaware 250	Mitchell 150
Des Moines ~~250~~ 450	Monona 150
Dickinson ~~100~~ 50	Monroe 400
Dubuque 300	Montgomery 200
Emmet ~~100~~ 50	Muscatine ~~250~~ 350
Fayette 350	O’Brien 50
Floyd ~~200~~ 150	Osceola 50
Franklin ~~150~~ 50	Page 200
Fremont 200	Palo Alto 50
Greene 100	Plymouth ~~100~~ 50
Grundy 50	Pocahontas 50
Guthrie ~~300~~ 350	Polk ~~100~~ 200
Hamilton 50	Pottawattamie ~~200~~ 250
Hancock ~~100~~ 50	Poweshiek 150
Hardin ~~150~~ 100	Ringgold 800
Harrison 150	Sac 50
Henry ~~300~~ 400	Scott 200
Howard 200	Shelby 100
Humboldt 100	Sioux ~~100~~ 50
Ida 50	Story 100
Iowa 300	Tama 200
Jackson 300	Taylor 800
Jasper 150	Union 400
Jefferson 400	Van Buren ~~800~~ 1000
Johnson 400	Wapello ~~400~~ 500
Jones 350	Warren 100
Keokuk ~~250~~ 300	Washington ~~400~~ 500
Kossuth 200	Wayne 300
Lee ~~400~~ 500	Webster ~~200~~ 100
Linn 350	Winnebago ~~100~~ 50
Louisa ~~200~~ 350	Winneshiek 300
Lucas 200	Woodbury ~~200~~ 150
Lyon ~~100~~ 50	Worth ~~150~~ 100
Madison 250	Wright ~~150~~ 50
Mahaska ~~150~~ 200

ITEM 6. Rescind subrule 106.7(1) and adopt the following new subrule in lieu thereof:

106.7(1) Bow seasons. Except for crossbows for persons with certain afflictions of the upper body, as provided in 571—15.5(481A), only bows and arrows meeting the following criteria will be permitted for hunting deer:

a. Only longbows, flat bows, recurve bows, compound bows or any combination of these designs that are hand–held and at least 30 inches long will be permitted. The propulsive energy for launching an arrow must derive solely from the bending and recovery of two limbs of the bow.

b. The bow must be hand drawn and held at all parts of the drawing cycle by a single, uninterrupted pulling action using only the muscle power of the shooter’s body until release. Release of the arrow must be by a conscious action of the shooter, either by relaxing tension of the fingers or triggering a hand–held release aid. No portion of the bow’s riser (handle) or any trough, track, channel or other device that attaches directly to the bow’s riser shall contact, support or guide the arrow from a point rearward to the bow’s brace height.

c. The following are prohibited: Crossbows; any device with a gun–type stock; any device that holds the bowstring at partial or full draw without the shooter’s muscle power; any device that derives the energy to propel the arrow from a hydraulic, pneumatic, mechanical or similar device other than the mechanical advantage provided by eccentric wheels or cams where energy to propel the arrow comes from the pulling effort of the shooter.

d. A hunting arrow must be at least 20 inches in length measured from the point of the broadhead to the rearward tip of the nock, have fletching attached to the aft end and weigh no less than 300 grains. No poison, drug or explosive device shall be attached to the arrow.

e. A hunting broadhead must possess two or more fixed or movable sharp cutting edges that can be sharpened or replaced, be at least 7/8 inch wide at the widest point of the cutting edges, and weigh at least 70 grains.

ITEM 7. Amend subrule 106.7(3) as follows:

106.7(3) Muzzleloader seasons. Only muzzleloading rifles and muzzleloading pistols will be permitted for taking deer during the early muzzleloader season. During the late muzzleloader season, deer may be taken with a muzzleloader, handgun or bow. Muzzleloading rifles are defined as flintlock or percussion cap lock muzzleloaded rifles and muskets of not less than .44 and not larger than .775 caliber, shooting single projectiles only. Centerfire handguns must be .357 caliber or larger shooting straight–walled cartridges propelling an expanding–type bullet (no full–metal jacket) and complying with all other requirements provided in Iowa Code section 481A.48. Legal handgun calibers are listed on the department of natural resources list of “acceptable handgun calibers for hunting deer in Iowa.” Revolvers, pistols and black powder handguns must have a 4–inch minimum barrel length. There can be no shoulder stock or long–barrel modifications to handguns. ~~Black powder~~ Muzzleloading handguns must be .44 caliber or larger, shooting single projectiles only.

ITEM 8. Rescind rule 571—106.8(481A) and adopt the following new rule in lieu thereof:

571—106.8(481A) Procedures to obtain licenses. All paid and free resident deer hunting licenses must be obtained using the electronic licensing system for Iowa (ELSI). Licenses may be purchased from ELSI license agents or by calling the ELSI telephone ordering system.

106.8(1) Licenses with quotas. All paid deer hunting licenses for which a quota is established may be obtained from ELSI agents on a first–come, first–served basis beginning the first Saturday in August until the quota fills, or through the last day of the hunting period for which the license is valid, or until December 14, whichever occurs first. After December 14, persons may purchase any available antlerless–only licenses for the special late season and special area hunts on a first–come, first–served basis until the county quotas or special area hunt quotas for antlerless–only licenses fill, or until the last day of the season, whichever occurs first. A person may purchase as many antlerless–only licenses as are available, regardless of other licenses that the individual may have purchased.

106.8(2) Licenses without quotas. All paid and free deer hunting licenses that have no quota may be obtained from ELSI agents beginning the first Saturday in August through the last day of the hunting period for which a license is valid or until December 14, whichever occurs first.

106.8(3) Providing false information. If anyone provides false information when obtaining any deer hunting license, that license and transportation tag and any other deer hunting license and transportation tag obtained during the same year shall be invalid.

ITEM 9. Amend subrule 106.10(1), paragraph “a,” as follows:

a. Youth deer hunt. A special youth deer license may be issued to any Iowa resident who is at least 12 years old but not over 15 years old ~~on September 1~~. The youth license may be paid or free to persons eligible for free licenses. If the youth obtains a free landowner/tenant license, it will count as the one free license for which the youth’s family is eligible. The youth must possess a valid hunter safety certificate to obtain a license.

Each participating youth must be accompanied by an adult who possesses a regular hunting license and has paid the habitat fee (if the adult is normally required to have a hunting license and to pay the habitat fee to hunt). Only one adult may participate for each youth hunter. The accompanying adult must not possess a firearm or bow and must be in direct company of the youth at all times. A person may obtain only one youth deer license but may also obtain oneof the following additional licenses: one statewide bow or statewide gun license; up to two antlerless–only licenses for the bow, second regular gun or late muzzleloader season; and up to two antlerless–only licenses for the special late season.

ITEM 10. Amend subrules 106.11(4) and 106.11(5) as follows:

106.11(4) Depredation permits. Three types of permits may be issued under a depredation management plan.

a. Deer depredation licenses. Deer depredation licenses may be sold to resident hunters only for the regular deer license fee for use during one or more legal hunting seasons. Depredation licenses will be available to producers of agricultural and horticultural crops.

(1) Depredation licenses will be issued in blocks of five licenses up to the number specified in the management plan.

(2) Depredation licenses may be sold to individuals designated by the producer as having permission to hunt. No individual may obtain more than two depredation licenses per management plan. Licenses will be sold by designated department field employees.

(3) A depredation license issued to the producer or producer’s family member may be the one free license for which the ~~producer~~ producer’s family is eligible annually.

(4) Depredation licenses will be valid only for huntingantlerless deer, unless otherwise specified in the management plan, regardless of restrictions that may be imposed on regular deer hunting licenses in that county.

(5) Hunters may keep any deer legally tagged with a depredation license.

(6) All other regulations for the hunting season specified on the license will apply.

(7) Depredation licenses will be valid only on the land where damage is occurring and the immediately adjacent property unless land is within a designated block hunt area. Other parcels of land in the farm unit not adjacent to the parcels receiving damage will not qualify.

b. Deer shooting permits. Permits for shooting deer outside an established hunting season may be issued to producers of high–value horticultural crops when damage cannot be controlled in a timely manner during the hunting seasons (such as late summer buck rubs in an orchard and winter browsing in a Christmas tree plantation) and to other agricultural producers and on areas such as airports where public safety may be an issue.

(1) Deer shooting permits will be issued at no cost to the applicant.

(2) The applicant or one or more designees approved by the department may take all the deer specified on the permit.

(3) Permits available to producers of high–value horticultural crops will allow taking deer from August 1 through March 31. Permits issued for August 1 through August 31 shall be valid only for taking antlered deer. Permits issued for September 1 through March 31 may be valid for taking any deer, antlerless deer or antlered deer, depending on the nature of the damage. ~~Permits available to other agricultural producers will allow taking deer from September 1 through October 31.~~

(4) Permits issued due to public safety concerns may be used for taking any deer, as necessary, to address unpredictable intrusion which could jeopardize public safety. Permits may be issued for an entire year (January 1 through December 31) if the facility involved maintains a deerproof fence. Disposal of deer killed under these permits shall be coordinated with the local conservation officer.

(5) The times, dates, place and other restrictions on the shooting of deer will be specified on the permit.

(6) Antlers from all deer recovered must be turned over to the conservation officer to be disposed of according to department rules.

(7) Shooters must wear blaze orange and comply with all other applicable laws and regulations pertaining to shooting and hunting.

c. Agricultural depredation shooting permits. Agricultural depredation shooting permits will be issued to a landowner or designated tenant who is a resident of Iowa who has sustained at least $1,000 of damage to agricultural crops if the resident is cooperating with the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) to reduce crop damage by deer or has an approved DNR deer depredation plan.

(1) Agricultural depredation shooting permits will be issued to the resident landowner or designated tenant at no cost and shall be valid only on the farm unit where the damage is occurring.

(2) Permits issued to the resident landowner or designated tenant shall allow the taking of antlerless deer from September 1 through November 30. The number of permits issued to individual landowners or tenants will be determined by a department depredation biologist and will be part of the deer depredation management plan.

(3) Deer taken on these permits must be taken by the resident landowner or the designated tenant only.

(4) Times, places, and other restrictions will be specified on the permit.

(5) Shooters must wear blaze orange and comply with all other applicable laws and regulations.

(6) For agricultural depredation shooting permits there are no shooting hour restrictions.

(7) Antlers from all deer recovered must be turned over to the conservation officer to be disposed of according to department rules.

(8) Agricultural depredation shooting permits will be valid only on the land where damage is occurring.

d. Deer depredation licenses and shooting permits will be valid only on the land where damage is occurring or the immediately adjacent property. Other parcels of land in the farm unit not adjacent to the parcels receiving damage will not qualify.

e. Depredation licenses, agricultural depredation shooting permits and shooting permits will be issued in addition to any other licenses for which the hunters may be eligible.

f. Depredation licenses, agricultural depredation shooting permits and shooting permits will not be issued if the producer restricts the legal take of deer from the property sustaining damage by limiting hunter numbers below levels required to control the deer herd.

106.11(5) Disposal. It shall be the producer’s responsibility for shooting permits, excluding those issued for public safety, and for agricultural depredation shooting permits to see that all deer are field dressed~~, tagged with a DNR salvage tag,~~ and removed immediately from the field. Dead deer must be handled for consumption, and the producer must coordinate through the local conservation officer the disposal of deer offered to the public. Charitable organizations will have the first opportunity to take deer offered to the public. No producer shall keep more than two deer taken under ~~special~~ depredation shooting permits. By express permission from a DNR enforcement officer, the landowner may dispose of deer carcasses through a livestock sanitation facility.

[Filed 5/9/02, effective 7/3/02]

[Published 5/29/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/29/02.

ARC 1643B

PERSONNEL DEPARTMENT[581]

Adopted and Filed

Pursuant to the authority of Iowa Code section 97B.15, the Department of Personnel hereby amends Chapter 21, “Iowa Public Employees’ Retirement System,” appearing in the Iowa Administrative Code.

The 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.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 3, 2002, as ARC 1491B. A public hearing was held on April 23, 2002, at 9 a.m. in the IPERS Building, 7401 Register Drive, Des Moines, Iowa. No parties attended the public hearing. No written comments were received.

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.

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

This amendment will become effective July 3, 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 rule [21.33] is being omitted. This rule is identical to the one published under Notice as ARC 1491B, IAB 4/3/02.

[Filed 5/10/02, effective 7/3/02]
[Published 5/29/02]

[For replacement pages for IAC, see IAC Supplement 5/29/02.]

ARC 1638B

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Board of Cosmetology Arts and Sciences Examiners hereby adopts a new Chapter 59, “Administrative and Regulatory Authority for the Board of Cosmetology Arts and Sciences Examiners,” Iowa Administrative Code.

The amendment adopts new rules concerning the purpose of the Board, organization and proceedings of the Board, official communication, office hours, and public meetings.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 6, 2002, as ARC 1412B. A public hearing was held on March 28, 2002, from 9 to 11 a.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. No public comments were received at the hearing.

The following changes have been made to the Notice of Intended Action:

• Paragraph “h” was added to subrule 59.3(8) to include other functions if the Board is granted authority by a provision of law.

• The requirement for notifying the Board of a change of name was added in subrule 59.4(3).

This amendment was adopted by the Board of Cosmetology Arts and Sciences Examiners on May 7, 2002.

This amendment will become effective July 3, 2002.

This amendment is intended to implement Iowa Code section 147.76 and chapters 17A, 157 and 272C.

The following new chapter is adopted.

CHAPTER 59
ADMINISTRATIVE AND REGULATORY AUTHORITY
FOR THE BOARD OF COSMETOLOGY ARTS AND
SCIENCES EXAMINERS

645—59.1(17A,157) Definitions.

“Board” means the board of cosmetology arts and sciences 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 cosmetology.

“Licensee” means a person licensed to practice cosmetology.

645—59.2(17A) Purpose of board. The purpose of the board is to administer and enforce the provisions of Iowa Code chapters 17A, 147, 157 and 272C with regard to the practice of cosmetology arts and sciences. 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 regulations of the licensure board. Responsibilities include, but are not limited to:

59.2(1) Licensing of qualified applicants to practice cosmetology by examination, renewal, endorsement, and reciprocity.

59.2(2) Developing and administering a program of continuing education to ensure the continued competency of individuals licensed by the board.

59.2(3) Imposing discipline on licensees as provided by statute or rule.

645—59.3(17A) Organization of board and proceedings.

59.3(1) The board is composed of seven members appointed by the governor and confirmed by the senate.

59.3(2) The members of the board shall include three who are licensed cosmetologists; one who is a licensed electrologist, esthetician, or nail technologist; one who is a licensed instructor of cosmetology arts and sciences at a public or private school and who does not own a school of cosmetology arts and sciences; and two who are not licensed in a practice of cosmetology arts and sciences and who shall represent the public.

59.3(3) The board shall elect a chairperson, vice chairperson, and secretary from its membership at the first meeting after April 30 of each year.

59.3(4) The board shall hold at least four meetings annually.

59.3(5) A majority of the members of the board shall constitute a quorum.

59.3(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.

59.3(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.

59.3(8) The board has the authority to:

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

b. Establish fees.

e. Investigate alleged violations of statutes or rules that relate to the practice of cosmetology 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.

h. Perform any other functions authorized by a provision of law.

645—59.4(17A) Official communications.

59.4(1) All official communications, including submissions and requests, may be addressed to the Board of Cosmetology Arts and Sciences Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

59.4(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.

59.4(3) Notice of change of name. Each licensee shall notify the board of any change of name within 30 days after changing the name. Notification requires a notarized copy of a marriage license or a notarized copy of court documents.

645—59.5(17A) Office hours. The board office is open for public business from 8 a.m. to 4:30 p.m., Monday to Fridayof each week, except holidays.

645—59.6(17A) Public meetings. Members of the public may be present during board meetings unless the boardvotes 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.

59.6(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 may 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.

59.6(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, 147, and 157.

[Filed 5/8/02, effective 7/3/02]

[Published 5/29/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/29/02.

ARC 1635B

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Board of Examiners for Licensing and Regulation of Hearing Aid Dispensers hereby rescinds Chapter 120, “Board of Examiners for the Licensing and Regulation of Hearing Aid Dealers,” and adopts new Chapter 120, “Administrative and Regulatory Authority for the Board of Examiners for the Licensing and Regulation of Hearing Aid Dispensers”; renumbers Chapter 121, “Continuing Education for Hearing Aid Dealers,” as Chapter 122, adopts new Chapter 121, “Licensure of Hearing Aid Dispensers,” and amends renumbered Chapter 122; adopts new Chapter 124, “Discipline for Hearing Aid Dispensers,” and new Chapter 125, “Fees,” Iowa Administrative Code.

The amendments rescind the current licensure rules and fees; adopt new chapters for the administrative and regulatory authority of the Board and for licensure, discipline and fees; and renumber and amend the continuing education chapter.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 6, 2002, as ARC 1440B. A public hearing was held on March 26, 2002, from 1 to 3 p.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. No public comments were received at the hearing.

The following changes have been made to the Notice of Intended Action:

• Paragraph “h” was added to subrule 120.3(8) to include other functions if the Board is granted authority by a provision of law. The paragraph reads as follows:

“h. Perform any other functions authorized by a provision of law.”

• Catchwords for subrule 120.4(2) were changed to “Notice of change of address,” for consistency with other boards’ chapters.

• A new subrule was added to rule 645—120.4(17A), stating the requirements for notice of name change. The subrule reads as follows:

“120.4(3) Notice of change of name. Each licensee shall notify the board of any change of name within 30 days after changing the name. Notification requires a notarized copy of a marriage license or a notarized copy of court documents.”

• The words “within 30 days” were added to the second sentence in subrule 121.3(2), and the subrule now reads as follows:

“121.3(2) A trainee with a temporary permit must notify the board in writing within ten days of an interruption of training due to loss of supervision. The trainee shall, within 30 days, obtain a replacement supervisor for continuance of the training period and shall obtain and submit to the board a statement signed by the replacement supervisor, which states that the training program will be maintained.”

• The phrase “with a minimum score of 75 percent” was deleted from paragraph “b” of subrule 121.5(1) because the passing score is set by the International Hearing Society.

• Subrule 121.10(1) was corrected to state that an applicant must hold a current license to apply for exempt status, and now reads:

“121.10(1) A licensee who is not engaged in practice in the state of Iowa may be granted a waiver of compliance and obtain a certificate of exemption upon written application to the board. The application shall contain a statement that the applicant will not engage in the practice in the state of Iowa without first complying with all rules governing reinstatement after exemption. The application for a certificate of exemption shall be submitted on the form provided by the board. A licensee must hold a current license to apply for exempt status. The licensee shall apply for inactive status prior to the license expiration date.”

• In the reinstatement tables in subrules 121.10(4) and 121.11(5), the paragraphs covering completion of the examination were reworded for clarification. The final requirement in the chart reads: “Furnish evidence of completion of the national examination conducted within one year immediately prior to reinstatement.”

• The second and third bulleted paragraphs of rule 645—122.6(154A), paragraph “6,” were reworded for clarification and consistency. The bulleted paragraphs now read as follows:

“• Proof of current valid hearing aid dispenser’s license in another state of the United States or the District of Columbia and completion of the continuing education hours equivalent to those required under these rules; or

“• Successfully passing the national written examination conducted within one year immediately prior to reinstatement.”

• Subrule 122.10(5), paragraph “a,” was corrected to require a maximum of 64 hours of continuing education since the license was placed on inactive status. Paragraphs “b” and “c” were reworded for clarification and consistency. The subrule now reads as follows:

“122.10(5) Furnish in the application evidence of one of the following:

“a. Completion of 32 hours of approved continuing education taken within the two bienniums immediately prior to the date of application for reinstatement. The total number of continuing education hours required for license reinstatement is computed by multiplying 32 by the number of bienniums since the license was placed on inactive status, to a maximum of 64 hours;

“b. Proof of current valid hearing aid dispenser’s license in another state of the United States or the District of Columbia and completion of the continuing education hours equivalent to those required under these rules; or

“c. Proof of successfully passing the national written examination within one year immediately prior to reinstatement.”

These amendments were adopted by the Board of Examiners for Licensing and Regulation of Hearing Aid Dispensers on May 6, 2002.

These amendments will become effective July 3, 2002.

These amendments are intended to implement Iowa Code section 147.76 and chapters 17A, 147, 154A and 272C.

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 [Chs 120 to 122, 124, 125] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 1440B, IAB 3/6/02.

[Filed 5/8/02, effective 7/3/02]
[Published 5/29/02]

[For replacement pages for IAC, see IAC Supplement 5/29/02.]

ARC 1658B

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Board of Psychology Examiners hereby rescinds Chapter 239, “Board of Psychology Examiners,” and adopts new Chapter 239, “Administrative and Regulatory Authority for the Board of Psychology Examiners,” Iowa Administrative Code.

The amendment adopts new rules concerning the purpose of the Board, organization and proceedings of the Board, official communication, office hours, and public meetings.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 6, 2002, as ARC 1454B. A public hearing was held on March 28, 2002, from 9 to 11 a.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. No public comments were received at the hearing.

The following changes have been made to the Notice of Intended Action:

• Paragraph “j” was added to subrule 239.3(8) to include other functions if the Board is granted authority by a provision of law. The paragraph reads as follows:

“j. Perform any other functions authorized by a provision of law.”

• New subrule 239.4(3) was added stating the requirement for notifying the board of a change of name. The subrule reads as follows:

“239.4(3) Notice of change of name. Each licensee shall notify the board of any change of name within 30 days after changing the name. Notification requires a notarized copy of a marriage license or a notarized copy of court documents.”

This amendment was adopted by the Board of Psychology Examiners on May 10, 2002.

This amendment will become effective July 3, 2002.

This amendment is intended to implement Iowa Code section 147.76 and chapters 17A, 154B and 272C.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 239] is being omitted. With the exception of the changes noted above, these rules are identical to those published under Notice as ARC 1454B, IAB 3/6/02.

[Filed 5/10/02, effective 7/3/02]
[Published 5/29/02]

[For replacement pages for IAC, see IAC Supplement 5/29/02.]

ARC 1659B

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Board of Speech Pathology and Audiology Examiners hereby rescinds Chapter 299, “Board of Speech Pathology and Audiology Examiners,” and adopts new Chapter 299, “Administrative and Regulatory Authority for the Board of Speech Pathology and Audiology Examiners”; amends Chapter 300, “Licensure of Speech Pathologists and Audiologists”; rescinds Chapter 301, “Disciplinary Procedures for Speech Pathologists and Audiologists”; and amends Chapter 303, “Continuing Education for Speech Pathologists and Audiologists,” Iowa Administrative Code.

The 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. Definitions for “audiologist” and “speech pathologist” are added to the licensure chapter, and subrule 303.2(1) is amended 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.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 3, 2002, as ARC 1509B. A public hearing was held on April 23, 2002, from 9 to 11 a.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. No public comments were received at the hearing.

The following changes have been made to the Notice of Intended Action:

• Paragraph “h” was added to subrule 299.3(8) to give the Board authority as granted by a provision of law. Paragraph “h” reads as follows:

“h. Perform any other functions authorized by a provision of law.”

• Subrule 299.4(3) was added to require a licensee to notify the Board of a change of name. Subrule 299.4(3) reads as follows:

“299.4(3) Notice of change of name. Each licensee shall notify the board of any change of name within 30 days after changing the name. Notification requires a notarized copy of a marriage license or a notarized copy of court documents.”

These amendments were adopted by the Board of Speech Pathology and Audiology Examiners on May 9, 2002.

These amendments will become effective July 3, 2002.

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

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 [Ch 299, 300.1, Ch 301, 303.2(1)] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 1509B, IAB 4/3/02.

[Filed 5/9/02, effective 7/3/02]
[Published 5/29/02]

[For replacement pages for IAC, see IAC Supplement 5/29/02.]

ARC 1630B

REAL ESTATE APPRAISER EXAMINING BOARD[193F]

Adopted and Filed

Pursuant to the authority of Iowa Code section 543D.5, the Real Estate Appraiser Examining Board hereby amends Chapter 5, “Certified Residential Real Property Appraiser,” Chapter 6, “Certified General Real Property Appraiser,” Chapter 8, “Investigations and Disciplinary Procedures,” and Chapter 11, “Continuing Education,” Iowa Administrative Code.

These amendments allow the Board, under certain conditions, to approve prelicense and continuing education courses that utilize technology–based delivery systems.

The amendments also describe the process under which the Board investigates possible disciplinary violations by licensees, the factors the Board considers in determining whether disciplinary charges are warranted, the grounds under which the Board may close a complaint file, and related procedural provisions.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 20, 2002, as ARC 1480B.

No public comment was received on these amendments. These amendments are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code chapters 543D and 272C.

These amendments will become effective July 3, 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 [5.1(1), 6.1(1), 8.2 to 8.17, 11.6 to 11.13] is being omitted. These amendments are identical to those published under Notice as ARC 1480B, IAB 3/20/02.

[Filed 5/5/02, effective 7/3/02]
[Published 5/29/02]

[For replacement pages for IAC, see IAC Supplement 5/29/02.]

ARC 1633B

SOIL CONSERVATION DIVISION[27]

Adopted and Filed

Pursuant to the authority of Iowa Code section 161A.4(1), the Division of Soil Conservation hereby adopts amendments to Chapter 10, “Iowa Financial Incentive Program for Soil Erosion Control,” Iowa Administrative Code.

These 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.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 3, 2002, as ARC 1530B.

These amendments are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code chapter 161A.

These amendments will become effective on July 3, 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 [10.41(9), 10.60(1), 10.82(3)“l,” 10.82(3)“m,” 10.84, 10.84(20), 10.84(21)] is being omitted. These amendments are identical to those published under Notice as ARC 1530B, IAB 4/3/02.

[Filed 5/8/02, effective 7/3/02]
[Published 5/29/02]

[For replacement pages for IAC, see IAC Supplement 5/29/02.]

ARC 1634B

TRANSPORTATION DEPARTMENT[761]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 307.10, 307.12 and 325A.10, the Department of Transportation, on May 7, 2002, adopted amendments to Chapter 524, “For–Hire Intrastate Motor Carrier Authority,” Iowa Administrative Code.

Notice of Intended Action was published in the March 20, 2002, Iowa Administrative Bulletin as ARC 1466B.

2001 Iowa Acts, chapter 132, sections 18 to 21, define and clarify bulk liquid commodities. Items 1 to 4 and 7 makethis clarification within Chapter 524. Items 5 and 6 amend the marking requirements for intrastate and interstate vehicles hauling for–hire. The Federal Motor Carrier Safety Administration changed the marking requirements for vehicles that operate interstate. Motor carriers that travel interstate are no longer required to display the city and state on the vehicle. It was decided that intrastate carriers should be able to mark their vehicles the same way. Also, the Department is complying with other changes to the federal marking requirements. Item 8 allows a carrier to request a hearing if its application has been denied. The current rules do not address hearings for denials.

These amendments are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code chapter 325A.

These amendments will become effective July 3, 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 [524.1(2), 524.3(3), 524.10, 524.11(1), 524.12, 524.16 to 524.18] is being omitted. These amendments are identical to those published under Notice as ARC 1466B, IAB 3/20/02.

[Filed 5/8/02, effective 7/3/02]
[Published 5/29/02]

[For replacement pages for IAC, see IAC Supplement 5/29/02.]

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Last update: Tue May 28 22:35:01 2002
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