ARC 7530C
PROFESSIONAL LICENSURE DIVISION[645]
Notice of Intended Action
Proposing rulemaking related to discipline for physician assistants
and providing an opportunity for public comment
The Board of Physician Assistants hereby proposes to rescind Chapter 329, “Discipline for Physician Assistants,” Iowa Administrative Code, and to adopt a new chapter with the same title.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code sections 147.36, 147.76, 148C.3, 148C.5, 272C.3 and 272C.4.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 147, 148C and 272C.
Purpose and Summary
This proposed rulemaking provides protection to Iowans because it publicly defines professional standards for physician assistants. This is important to both the public and to the licensee because it creates a shared understanding of what is and is not appropriate for certain types of licensed individuals in the state of Iowa. When professional standards are not met, it can subject a licensee to discipline against the licensee’s license. Iowans have the ability to submit a complaint to the licensing board, which can then investigate the allegation. The Board has the ability to seek discipline against the licensee for those items outlined, ensuring that the public is protected.
The 19 boards in the legacy Department of Health and Huaman Services (HHS) Bureau of Professional Licensure have similar disciplinary standards for all professions. For this reason, one shared disciplinary chapter has been created that applies to all professions. This chapter contains only those disciplinary grounds that are unique to physician assistants and are excluded from the general disciplinary chapter. The grounds for discipline related to opioid prescribing are required by Iowa Code section 147.162.
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department of Inspections, Appeals, and Licensing 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 rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m.	on February 14, 2024. Comments should be directed to:

Michele Royer
Iowa Department of Inspections, Appeals, and Licensing/Bureau of Board Support
6200 Park Avenue
Des Moines, Iowa 50321
Phone: 515.281.5234
Email: michele.royer@iowa.gov	
Public Hearing
Public hearings at which persons may present their views orally or in writing will be held as follows:

February 13, 2024
1:10 to 1:30 p.m.	6200 Park Avenue
Des Moines, Iowa
Video call link: meet.google.com/isb-pmab-qob
Or dial: 1.813.252.1868
PIN: ‪724 486 884‬#‬‬‬‬‬‬‬‬‬‬‬‬
Phone numbers: tel.meet/isb-pmab-qob?pin=8352415222450 	
February 14, 2024
1:10 to 1:30 p.m.	6200 Park Avenue
Des Moines, Iowa
Video call link: meet.google.com/isb-pmab-qob
Or dial: 1.813.252.1868
PIN: ‪724 486 884‬#‬‬‬‬‬‬‬‬‬‬‬‬
Phone numbers: tel.meet/isb-pmab-qob?pin=8352415222450 	
Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.
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 and advise of specific needs.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:
	Item 1. Rescind 645—Chapter 329 and adopt the following new chapter in lieu thereof:
CHAPTER 329
DISCIPLINE FOR PHYSICIAN ASSISTANTS
645—329.1(148C) Definitions.
“Board” means the board of physician assistants.
“Discipline” means any sanction the board may impose upon licensees.
“Licensee” means a person licensed to practice as a physician assistant in Iowa.
645—329.2(147,272C) Grounds for discipline. The board may impose any of the disciplinary sanctions provided in Iowa Code section 272C.3 when the board determines that the licensee is guilty of any of the following acts or offenses or those listed in 645—Chapter 13:
	329.2(1) Professional incompetency. Professional incompetency includes, but is not limited to:
	a. 	A substantial lack of knowledge or ability to discharge professional obligations within the scope of practice.
	b. 	A substantial deviation from the standards of learning or skill ordinarily possessed and applied by other physician assistants in the state of Iowa acting in the same or similar circumstances.
	c. 	A failure to exercise the degree of care that is ordinarily exercised by the average physician assistant acting in the same or similar circumstances.
	d. 	Failure to conform to the minimal standard of acceptable and prevailing practice of a physician assistant in this state.
	e. 	Inability to practice with reasonable skill and safety by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or other type of material or as a result of a mental or physical condition.
	f. 	Being adjudged mentally incompetent by a court of competent jurisdiction.
	329.2(2) Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.
	329.2(3) Use of untruthful or improbable statements in advertisements. Use of untruthful or improbable statements in advertisements includes, but is not limited to, an action by a licensee in making information or intention known to the public that is false, deceptive, misleading or promoted through fraud or misrepresentation.
	329.2(4) Representing oneself as a physician assistant when one’s license has been suspended or revoked, or when one’s license is on inactive status, except as provided by rule 645—326.15(148C,88GA,ch1020).
	329.2(5) Failure to comply with universal precautions for preventing transmission of infectious diseases as issued by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.
	329.2(6) The performance of a medical function without approved supervision, if supervision is required pursuant to rules 645—326.7(148C) and 645—326.8(148C), except in cases requiring performance of evaluation and treatment procedures essential to providing an appropriate response to an emergency situation.
	329.2(7) Prescribing opioids in dosage amounts that exceed what would be prescribed by a reasonably prudent licensee.
These rules are intended to implement Iowa Code chapters 147, 148C and 272C.