ARC 5774C
PROFESSIONAL LICENSURE DIVISION[645]
Adopted and Filed
Rule making related to licensure, criminal convictions, and wallet cards
The Board of Dietetics hereby amends Chapter 81, “Licensure of Dietitians,” and Chapter 83, “Discipline for Dietitians,” Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code section 147.76 and chapter 152A and 2020 Iowa Acts, House File 2627.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code section 147.10 and chapter 152A and 2020 Iowa Acts, House File 2627.
Purpose and Summary
These amendments implement the provisions of 2020 Iowa Acts, House File 2627, by updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5452C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.
Adoption of Rule Making
This rule making was adopted by the Board on June 18, 2021.
Fiscal Impact
This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will 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.
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).
Effective Date
This rule making will become effective on August 18, 2021.
The following rule-making actions are adopted:
	Item 1. Amend subrule 81.9(5) as follows:
	81.9(5) Upon receiving the information required by this rule and the required fee, board staff shall administratively issue a two-year license and shall send the licensee a wallet card by regular mail. In the event the board receives adverse information on the renewal application, the board shall issue the renewal license but may refer the adverse information for further consideration or disciplinary investigation.
	Item 2. Amend subrule 81.9(7) as follows:
	81.9(7) 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 5.6(3). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period.
	Item 3. Rescind subrule 83.2(12) and adopt the following new subrule in lieu thereof:
	83.2(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.
[Filed 6/18/21, effective 8/18/21]
[Published 7/14/21]
Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.