ARC 5442C
PROFESSIONAL LICENSURE DIVISION[645]
Notice of Intended Action
Proposing rule making related to licensure, criminal convictions, and wallet cards and providing an opportunity for public comment
The Board of Behavioral Science hereby proposes to amend Chapter 31, “Licensure of Marital and Family Therapists, Mental Health Counselors, Behavior Analysts, and Assistant Behavior Analysts,” and Chapter 33, “Discipline for Marital and Family Therapists, Mental Health Counselors, Behavior Analysts, and Assistant Behavior Analysts,” Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is proposed under the authority provided in Iowa Code section 147.76 and chapter 154D and 2020 Iowa Acts, House File 2627.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code sections 147.10 and 154D.3 and 2020 Iowa Acts, House File 2627.
Purpose and Summary
The proposed amendments implement the provisions of 2020 Iowa Acts, House File 2627, by (1) updating the Board’s licensure rules to include a reference to a rule in the new 645—Chapter 19 (ARC 5367C, IAB 12/30/20), which implements new Iowa Code section 272C.12, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. The proposed amendments also remove references to wallet cards.
Fiscal Impact
This rule making has minimal fiscal impact to the State of Iowa. Licensees would no longer need to pay to receive duplicate wallet cards and instead would be able to print their own renewal verification if needed.
Jobs Impact
After analysis and review of this rule making, there is a potential positive impact on jobs because individuals who may have been ineligible for licensure may be eligible for licensure as a result of this rule making.
Waivers
Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 645—Chapter 18.
Public Comment
Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on March 16, 2021. Comments should be directed to:

Tony Alden
Professional Licensure Division
Iowa Department of Public Health
Lucas State Office Building
321 East 12th Street
Des Moines, Iowa 50319
Phone: 515.281.4401
Fax: 515.281.3121
Email: tony.alden@idph.iowa.gov	
Public Hearing
A public hearing at which persons may present their views orally or in writing will be held as follows:

March 16, 2021
9 to 10 a.m.	Via Webex:
idph.webex.com/idph/j.php?MTID=m3c42c40bcc17792e9c1cdbaa6408ed2b
Password: GAhMjEu7*53
Via telephone: 408.418.9388
Access code: 146 783 2932	
Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing.
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 Board and advise of specific needs.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
The following rule-making actions are proposed:
	Item 1. Amend subrule 31.2(1) as follows:
	31.2(1) The applicant shall complete a board-approved an application. Application forms may be obtained from the board’s website (www.idph.iowa.gov/licensure) or directly from the board office, or the applicant may complete the application online at ibplicense.iowa.gov. All paper applications shall be sent to the Board of Behavioral Science, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075.
	Item 2. Amend paragraph 31.3(6)“a” as follows:
	a. 	Apply for licensure by creating an account and paying online at ibplicense.iowa.gov or by completing and returning a paper application with a check or money order payable to the Board of Behavioral Science.
	Item 3. Adopt the following new subrule 31.8(3):
	31.8(3) A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C).
	Item 4. Amend subrule 31.9(1) as follows:
	31.9(1) The applicant shall complete a board-approved an application. Application forms may be obtained from the board’s website (www.idph.iowa.gov/licensure) or directly from the board office. All paper applications shall be sent to the Board of Behavioral Science, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075.
	Item 5. Amend subrules 31.11(5) and 31.11(6) as follows:
	31.11(5) A person licensed as a behavior analyst or assistant behavior analyst shall keep the person’s license certificate and wallet card renewal displayed in a conspicuous public place at the primary site of practice.
	31.11(6) Late renewal. The license shall become late when the license has not been renewed by the expiration date on the wallet card renewal. The licensee shall be assessed a late fee as specified in 645—subrule 5.3(5). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period.
	Item 6. Rescind subrule 33.2(12) and adopt the following new subrule in lieu thereof:
	33.2(12) Being convicted of an offense that directly relates to the duties and responsibilities of the profession. A conviction includes a guilty plea, including Alford and nolo contendere pleas, or a finding or verdict of guilt, even if the adjudication of guilt is deferred, withheld, or not entered. A copy of the guilty plea or order of conviction constitutes conclusive evidence of conviction. An offense directly relates to the duties and responsibilities of the profession if the actions taken in furtherance of the offense are actions customarily performed within the scope of practice of the profession or the circumstances under which the offense was committed are circumstances customary to the profession.