Pages 795 to 857 include ARC 1131B to ARC 1154B

Administrative rules review committee 782

Schedule for rule making 780

Publication procedures 781

Administrative rules on CD–ROM 781

Agency identification numbers 793

CITATION OF ADMINISTRATIVE RULES 779

Filed, Codes of conduct, 12.1 ARC 1134B 850

Executive Order Number 24 858

Proclamation—Extraordinary session of 79GA 860

Notice, Burial benefits, rescind ch 56
ARC 1131B 795

Notice, Iowa Veterans Home—submission of
semiannual cost reports; nursing facilities—
Medicaid rates, 81.6, 81.10(7) ARC 1136B 795

Notice, PROMISE JOBS—payment to child
care providers, 93.110, 93.114(12), 170.2(4),
170.4, 170.5, 170.8 ARC 1154B 796

Notice, Family–life program, 111.1, 111.2,
111.3(1), 111.6, 111.9(1), 111.10 ARC 1137B 797

Notice of proposed workers’ compensation
rate filing 798

Filed, Financial and health information
regulation, 90.1, 90.2, 90.17 to 90.26
ARC 1135B 850

Notice, Scores on SPEX and
COMVEX–USA, 9.1, 11.1 ARC 1151B 798

Notice, Impaired physician review committee,
14.1 to 14.10 ARC 1153B 799

Notice, Nonresident deer hunting, 94.1 to 94.3,
94.5 to 94.11 ARC 1149B 801

Filed, Snowmobile and all–terrain vehicle
registration revenue cost–share program, ch 28
ARC 1152B 852

Filed, Game management areas—shooting
ranges, 51.3(1)“j” ARC 1148B 856

Filed, Sport fishing, 81.1, 81.2 ARC 1150B 856

Notice, Barbers, rescind chs 20 to 23; adopt
chs 20 to 26 ARC 1139B 803

Notice, Cosmetology, 60.1, 60.8(2), 60.9,
60.10, 61.1, 62.1, 64.2(1), 64.6, 64.10(4)
ARC 1140B 813

Notice, Maternal and child health program,
76.1, 76.3 to 76.7, 76.9 to 76.12, 76.13(4),
76.15, 76.17 ARC 1146B 815

Notice, Abuse education review panel, ch 93
ARC 1145B 819

Notice, EMS provider education/training/
certification, 131.1 to 131.4 ARC 1144B 820

Notice, EMS—service program authorization,
132.1, 132.2, 132.7 to 132.9, 132.14, 132.15(1)
ARC 1143B 823

Notice, Adoption by reference—trauma care
facility categorization and verification
and trauma triage and transfer protocols,
134.2(3), 135.2(1) ARC 1142B 828

Notice, Appeals—competitive grants,
176.8 ARC 1141B 829

Summarized list 786

Notice, Rescind chs 1 to 11; adopt chs 1 to 12
ARC 1132B 830

Filed Emergency, Regent merit system
reduction in force plan, 3.104(4)
ARC 1138B 849

Notice, Contested cases; purchasing, 4.2, 4.5(2),
4.9, 4.29(2), 4.31(1), 5.1, 5.2, 5.17, 5.18(8)
ARC 1147B 842

Notice, Vehicle registration and certificate
of title, 400.1, 400.3, 400.4(5), 400.5,
400.7, 400.12, 400.14, 400.16(3),
400.30(3), 400.40, 400.50(1), 400.57,
400.60 ARC 1133B 845

Notice 848

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

__________________________________

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
Fax: (515)242–5974

KATHLEEN K. BATES, Administrative Code Editor Telephone: (515)281–3355

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Fax: (515)281–4424

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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.

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:

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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.

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Containing: Iowa Administrative Code (updated through June 2001)
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Attn: Ms. Stephanie Runde
State Capitol
Des Moines, Iowa 50319
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The Administrative Rules Review Committee will hold a two–day meeting on Tuesday, December 11, 2001, at 10 a.m. and Wednesday, December 12, 2001, at 9 a.m. in Room 116, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

HUMAN SERVICES DEPARTMENT[441] (Cont’d)

TRANSPORTATION DEPARTMENT[761] (Cont’d)

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.

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]

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]

ELDER AFFAIRS DEPARTMENT[321]

EXECUTIVE COUNCIL[361]

GENERAL SERVICES DEPARTMENT[401]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

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

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INFORMATION TECHNOLOGY DEPARTMENT[471]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

LAW ENFORCEMENT ACADEMY[501]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board for[575]

PERSONNEL DEPARTMENT[581]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

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

Pursuant to the authority of Iowa Code sections 217.6 and 239B.4, the Department of Human Services proposes to rescind Chapter 56, “Burial Benefits,” appearing in the Iowa Administrative Code.

Under current rules, the Department pays up to $400 from state funds for burial expenses of:

• Recipients of State Supplementary Assistance (SSA).

• Recipients of Old Age Assistance, Aid to the Blind, and Aid to the Disabled prior to January 1997.

• Children who are Family Investment Program (FIP) or Refugee Cash Assistance (RCA) recipients.

This amendment eliminates the provision of burial assistance by the Department.

Elimination of burial assistance will result in cost savings, making the funds available for other Temporary Assistance for Needy Families (TANF) and Medicaid services. An average of $12,000 is spent annually for 30 FIP children, and $927 was spent in fiscal year 2001 for recipients of SSA and former recipients of Old Age Assistance, Aid to the Blind, and Aid to the Disabled.

County general assistance offices may be approached for help with burial expenses to make up for the loss of state funds.

This amendment does not provide for waivers in specific situations, as alternative sources are available to assist families with these burial expenses.

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut, Des Moines, Iowa 50319–0114, on or before December 19, 2001.

This amendment is intended to implement Iowa Code sections 249.9 and 239B.3(4).

The following amendment is proposed.

Rescind and reserve 441—Chapter 56.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend

Chapter 81, “Nursing Facilities,” appearing in the Iowa Administrative Code.

These amendments allow the Iowa Veterans Home to continue to submit semiannual cost reports and remove the requirement that nursing facilities’ Medicaid rates not exceed their private–pay rates.

The Iowa Veterans Home is a state–operated facility that is required to meet other Iowa Code and rule requirements on budgeting and reimbursement. In order for this facility to operate within the confines of these other regulations, allowing the facility to continue to submit semiannual cost reports is in the best interest of the state. This facility’s information is not included in, and therefore does not impact, the modified price–based case–mix reimbursement methodology used to set rates for nursing facilities.

A modified price–based case–mix reimbursement system, by its nature and principles, alleviates the necessity for the rule that facilities’ Medicaid rates not exceed their private–pay rates. The acuity of the residents is used to determine the case–mix index applied to the costs associated with care given. A facility should not be penalized for having a resident mix that includes higher–to–care–for Medicaid residents and lower–needs private pay residents.

These amendments do not provide for waivers because they confer a benefit on affected providers.

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut, Des Moines, Iowa 50319–0114, on or before December 19, 2001.

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

The following amendments are proposed.

ITEM 1. Amend subrule 81.6(3) as follows:

81.6(3) Submission of reports. The report shall be submitted All nursing facilities, except the Iowa Veterans Home, shall submit reports to the department’s accounting firm no later than three months after the close of the facility’s established fiscal year. The Iowa Veterans Home shall submit the report to the department’s accounting firm no later than three months after the close of each six–month period of the facility’s established fiscal year. Failure to submit a report that meets the requirements of this rule within this time shall reduce payment to 75 percent of the current rate. The reduced rate shall be paid for no longer than three months, after which time no further payments will be made.

A facility may change its fiscal year one time in any two–year period. If the facility changes its fiscal year, the facility shall notify the department’s accounting firm 60 days prior to the first date of the change.

ITEM 2. Amend subrule 81.6(17), introductory paragraph, as follows:

81.6(17) Cost report documentation. All nursing facilities, except the Iowa Veterans Home, shall submit an annual cost report based on the closing date of the facility’s fiscal year that incorporates documentation as set forth below. The Iowa Veterans Home shall submit semiannual cost reports based on the closing date of the facility’s fiscal year and the midpoint of the facility’s fiscal year that incorporate documentation as set forth below. The documentation incorporated in the all cost report reports shall include all of the following information:

ITEM 3. Rescind and reserve subrule 81.10(7).

Pursuant to the authority of Iowa Code sections 234.6 and 239B.8, the Department of Human Services proposes to amend Chapter 93, “PROMISE JOBS Program,” and Chapter 170, “Child Care Services,” appearing in the Iowa Administrative Code.

These amendments change the procedures for authorizing payment to child care providers. Under current procedures, a separate payment agreement is negotiated with the provider for each family receiving services. Under these amendments, a provider will have a single agreement with the Department that specifies the provider’s rates and the conditions of participation. Any eligible family may be served under this agreement. The Department (or its designee, for PROMISE JOBS) specifies the number of units authorized for care in a notice of decision issued to the family and the chosen provider. The family is required to report changes affecting eligibility or services.

These amendments change the billing procedure for child care assistance to require the submission of an attendance form signed by the parent and the provider to document the amount of child care used. A new invoice is developed for child care under PROMISE JOBS which also incorporates attendance information. Payment references are removed from PROMISE JOBS rules and replaced with cross references to child care assistance rules.

These amendments also make several changes identified through the rule review conducted under Executive Order Number 8:

• The provision allowing payment to facilities exempt from licensing or registration is revised to clarify that only facilities operated by or under contract to an accredited public or nonpublic school may receive payment under this program.

• Obsolete rules about allocating funds to regions are removed.

• A reference to relative care is deleted. Since payment is now allowed to unregistered providers, special provisions for relatives are unnecessary.

These amendments do not provide for waivers in specified situations because billing processes need to be uniform for all providers.

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut, Des Moines, Iowa 50319–0114, on or before December 19, 2001.

These amendments are intended to implement Iowa Code sections 234.6(6)“a” and 239B.24.

The following amendments are proposed.

ITEM 1. Amend rule 441—93.110(239B), introductory paragraphs, as follows:

441—93.110(239B) Arranging for services. Staff is responsible for providing or helping the participant to arrange for employment–oriented services, as required, to facilitate the registrants’ successful participation, including client assessment or case management, employment education, transportation, child care, referral for medical examination, and supportive services under the family development and self–sufficiency program described in 441—Chapter 165 or other family development programs, described in rule 441— 93.119(239B). PROMISE JOBS funds shall be used to pay costs of obtaining a birth certificate when the birth certificate is needed in order for the registrant to complete the employment service registration process described in rule 441— 93.106(239B). PROMISE JOBS funds may also be used to pay expenses for clients enrolled in Workforce Investment Act (WIA)–funded components when those expenses are allowable under these rules. Clients shall submit Form 470–0510, Estimate of Cost, to initiate allowances or change the amount of payment for expenses other than child care. Clients shall submit Form 470–2959, Child Care Certificate, to initiate child care payments or change the amount of child care payments. The caretaker, the provider and the worker shall sign Form 470–2959 before the provider is paid.

Payment for child care, if required for participation in any PROMISE JOBS component other than orientation, not specifically prohibited elsewhere in these rules, and not available from any other source, shall be provided for participants after service has been received as described at 441—Chapter 170.

ITEM 2. Amend subrule 93.114(12), paragraph “b,” as follows:

b. Participants shall submit Form 470–0510, Estimate of Cost, to initiate allowances or change the amount of payment for expenses other than child care. Clients shall submit Form 470–2959, Child Care Certificate, to initiate child care payments or change the amount of child care payments. Participants shall use PROMISE JOBS allowances which they receive to pay authorized expenses. Participants are eligible for child care assistance, as described at 441—Chapter 170, if child care is required for participation in any PROMISE JOBS component other than orientation.

ITEM 3. Amend rule 441—170.2(234) by adopting the following new subrule:

170.2(4) Reporting changes. The parent must report any changes in circumstances affecting these eligibility requirements and changes in the choice of provider to the county office worker or the department’s designee within ten calendar days of the change.

ITEM 4. Amend rule 441—170.4(234) as follows:

Amend subrule 170.4(3) as follows:

Amend the introductory paragraphs and paragraph “a” as follows:

170.4(3) Method of provision. The department shall issue the Child Care Certificate, Form 470–2959, to the client to select a child care provider. Parents shall be allowed to exercise their choice for in–home care, except when the parent meets the need for service under subparagraph 170.2(2)“b”(3), as long as the conditions in paragraph 170.4(7)“d” are met. When the child meets the need for service under 170.2(2)“b”(3), parents shall be allowed to exercise their choice of licensed, or registered, or nonregistered child care provider except when the department service worker determines it is not in the best interest of the child.

The department shall make payment for child care provided to eligible families when the Child Care Certificate, Form 470–2959, has been completed and signed by the parent, the provider, and the department worker, and when the provider meets must meet one of the applicable requirements set forth below:

a. Licensed child care center. A child care center shall be licensed by the department to meet the requirements set forth in 441—Chapter 109 and shall have a current Certificate of License, Form SS–1203–3 470–0618.

Rescind and reserve paragraph “d.”

Amend paragraphs “g” and “h” as follows:

g. Exempt facilities. Child care facilities which operated by or under contract to a public or nonpublic school accredited by the department of education that are exempt from licensing or registration as defined in Iowa Code section 237A.1 may receive payment for child care services when selected by a parent.

h. Record checks for nonregistered family child care homes. If a nonregistered child care provider, including a relative, wishes to receive public funds as reimbursement for providing child care for eligible clients, the provider shall complete Form 470–0643, Request for Child Abuse Information, and Form 595–1489, Non–Law Enforcement Record Check Request, Form A, for the provider as though the provider either is being considered for registration or is registered to provide child care, for anyone having access to a child when the child is alone, and for anyone 14 years of age or older living in the home. The county office worker or the PROMISE JOBS worker shall provide the individual with the necessary forms. The provider shall return the forms to the county office or PROMISE JOBS worker.

If the nonregistered child care provider, anyone having access to a child when the child is alone, or anyone living in the home who is 14 years of age or older any of these individuals has a record of founded child abuse, a criminal conviction, or placement on the sex offender registry, the division shall notify the regional office to department shall perform an evaluation following the process defined at 441—subrule 110.7(3) or rule 441—110.31(237A). If any of the individuals would be prohibited from registration, employment, or residence, the person shall not provide child care and is not eligible to receive public funds to do so. The regional administrator or department’s designee shall notify the applicant, and shall forward a copy of that notification to the county attorney, the county office, and the PROMISE JOBS worker, if applicable. A person who continues to provide child care in violation of this law is subject to penalty and injunction under Iowa Code chapter 237A.

Amend the introductory paragraph of subrule 170.4(7) as follows:

170.4(7) Payment. The department shall make payment for child care provided to eligible families when the provider has a completed Form 470–3871, Child Care Assistance Provider Agreement, on file with the department. Both the child care provider and the county office worker or PROMISE JOBS worker shall sign this form.

ITEM 5. Amend rule 441—170.5(234) as follows:

441—170.5(234) Adverse service actions. Services may be denied, terminated, or reduced according to rule 441—130.5(234). The department may refuse to enter into or may revoke the Child Care Certificate Child Care Assistance Provider Agreement, Form 470–2959 470–3871, if the department finds a hazard to the safety and well–being of a child is found by the department of human services, and the provider cannot or refuses to correct the hazards; or if the provider has submitted claims for payment for which the provider is not entitled.

ITEM 6. Rescind and reserve rule 441—170.8(234).

Pursuant to the authority of Iowa Code sections 217.6 and 234.6, the Department of Human Services proposes to amend Chapter 111, “Family–Life Homes,” appearing in the Iowa Administrative Code.

These amendments make the following technical corrections to policy governing the Family–Life Program:

• The rule containing program definitions is reformatted to remove the subrule numbers and place the definitions in alphabetical order.

• Departmental terminology and form numbers are updated.

These needed corrections were identified while the Department was completing the rule assessment mandated by Executive Order Number 8.

These amendments do not provide for waivers because the amendments are merely technical in nature.

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut, Des Moines, Iowa 50319–0114, on or before December 19, 2001.

These amendments are intended to implement Iowa Code section 249.3(2)“a”(1).

The following amendments are proposed.

ITEM 1. Amend rule 441—111.1(249) as follows:

Remove the subrule numbers and place the definitions in alphabetical order.

Adopt the following new definition in alphabetical order:

“Department” means the Iowa department of human services.

ITEM 2. Amend subrules 111.2(1), 111.2(3), 111.2(4), and 111.2(5) as follows:

111.2(1) The Iowa department of human services shall issue a certificate of approval for the operation of a family–life home upon the recommendation of a local office of the department of human services.

111.2(3) Persons wishing to care for adults shall make application to the local office of the department of human services.

111.2(4) When an applicant has reached a decision to operate a family–life home, such the applicant shall complete Form SS–1108–0 470–0606, Application for Certification.

111.2(5) Each applicant shall supply two (2) references which who may be contacted by the local office.

ITEM 3. Amend subrule 111.3(1) as follows:

111.3(1) No family–life home shall be certified to provide a living arrangement for more than two (2) eligible adults.

ITEM 4. Amend subrules 111.6(1) and 111.6(3) as follows:

111.6(1) Prior to certification the family shall furnish the local department of human services with a medical report on each member of the household. The report shall be on Form SS–1718–0 470–0672, Physician’s Report Provider Health Assessment Form.

111.6(3) Medical reexaminations may be required at the discretion of a physician or the local department of human services.

ITEM 5. Amend subrule 111.9(1) as follows:

111.9(1) A physician shall certify that the client is free from any communicable disease, and does not require ahigher level of care than that provided by a family–life home. The certification shall be given prior to placement and following an annual medical review thereafter. The certification shall be given on Form SS–1719–0 470–0673, Physician’s Certification for Family–Life Home Resident Report.

ITEM 6. Amend rule 441—111.10(249) as follows:

441—111.10(249) Placement agreement. The head of the family–life home and the resident shall enter into a placement agreement by signing Form SS–1518–0 470–0634, Placement Agreement Family–Life Home, provided by the department.

Pursuant to Iowa Code section 515A.6(7), notice is hereby given that the National Council on Compensation Insurance has made a rate filing which affects the premium rates for workers’ compensation insurance.

The rate filing proposes that sole proprietors and partners that elect workers’ compensation coverage have the availability of selecting a payroll base within the minimum and maximum payroll base that applies to executive officers. Effective January 1, 2002, the minimum payroll will be $273 per week and the maximum is $2,200 per week for executive officers. This rule change would allow a sole proprietor or partner to select a payroll amount at or in between these limits based on what they believe is more responsive to their benefit level needs or actual wage levels. Premium would be charged based on the amount selected. The filing has a proposed effective date of January 1, 2002.

A workers’ compensation policyholder or an established organization with one or more workers’ compensation policyholders among its members may request a hearing before the Commissioner of Insurance regarding this rate filing. Such a request must be filed within 15 days of the date of this publication, that is, by December 13, 2001, and shall be made to the Commissioner of Insurance at the Insurance Division of the State of Iowa, 330 Maple, Des Moines, Iowa 50319. Absent such a request, the Commissioner will issue an order concerning the rates within another 10 days, that is, by December 24, 2001.

Pursuant to the authority of Iowa Code sections 147.76 and 272C.3, the Board of Medical Examiners hereby gives Notice of Intended Action to amend Chapter 9, “Permanent Physician Licensure,” and Chapter 11, “Continuing Education and Mandatory Training for Identifying and Reporting Abuse,” Iowa Administrative Code.

The Board approved the proposed amendments to Chapters 9 and 11 during a telephone conference call on November 1, 2001.

The proposed changes identify 75 as the passing score for SPEX (Special Licensure Examination) and indicate that the National Board of Osteopathic Medical Examiners determines the passing score for COMVEX–USA (Comprehensive Osteopathic Medical Variable–Purpose Examination).

Any interested person may present written comments on these proposed amendments prior to 4 p.m. on January 2, 2002. Such written materials should be sent to Ann E. Mowery, Executive Director, Board of Medical Examiners, 400 S.W. 8th Street, Suite C, Des Moines, Iowa 50309–4686, or ann.mowery@ibme.state.ia.us.

There will be a public hearing January 2, 2002, at2:45 p.m. in the Board office, at which time persons may present their views either orally or in writing. The Board of Medical Examiners office is located at 400 S.W. 8th Street, Suite C, Des Moines, Iowa.

These amendments are intended to implement Iowa Code chapters 147, 148, 150, 150A and 272C.

The following amendments are proposed.

ITEM 1. Amend rule 653—9.1(147,148,150,150A), definitions of “COMVEX–USA” and “SPEX,” as follows:

“COMVEX–USA” means the Comprehensive Osteopathic Medical Variable–Purpose Examination for the United States of America, prepared by the. The National Board of Osteopathic Medical Examiners prepares the examination and determines its passing score. and administered by a A licensing authority in any jurisdiction administers the examination. COMVEX–USA is the current evaluative instrument offered to osteopathic physicians who need to demonstrate current osteopathic medical knowledge.

“SPEX” means Special Licensure Examination prepared by the Federation of State Medical Boards and administered by a licensing authority in any jurisdiction. The passing score on SPEX is 75.

ITEM 2. Amend rule 653—11.1(272C), definitions of “COMVEX–USA” and “SPEX,” as follows:

“COMVEX–USA” means the Comprehensive Osteopathic Medical Variable–Purpose Examination for the United States of America, prepared by the. The National Board of Osteopathic Medical Examiners prepares the examination and determines its passing score. and administered by a A licensing authority in any jurisdiction administers the examination. COMVEX–USA is the current evaluative instrument offered to osteopathic physicians who need to demonstrate current osteopathic medical knowledge.

“SPEX” means Special Licensure Examination prepared by the Federation of State Medical Boards and administered by a licensing authority in any jurisdiction. The passing score on SPEX is 75.

Pursuant to the authority of Iowa Code section 147.76, the Board of Medical Examiners hereby gives Notice of Intended Action to amend Chapter 14, “Impaired Physician Review Committee,” Iowa Administrative Code.

The proposed amendments were approved at the November 1, 2001, meeting of the Board of Medical Examiners via telephone conference call.

The agency’s regulatory review guided the following proposed amendments:

• The committee’s name is changed from “Impaired Physician Review Committee” to “Iowa Physician Health Committee.”

• The term “impairment” is revised and clearly states that impairment does not include various sexual problems.

• The definition of “self–report” is expanded to allow a physician to self–report via a licensure application.

• The following addition is made to the purpose and type of program: the committee serves physicians impaired by chronic health conditions, in addition to substance abuse, and maintenance may be a more realistic goal than recovery or rehabilitation.

• Procedures are clarified regarding the committee’s notification to the Board of a participant’s noncompliance with contract provisions.

• Membership, officers and terms are established for members of the committee.

• Eligibility and ineligibility are clarified as well as the committee’s responsibility to report to the Board.

• Terms of participation, terms of committee referral to the board, and confidentiality are clarified.

• A section is added that would allow the committee to establish a 28E agreement with another health profession licensing board to serve its impaired professionals.

Any interested person may present written comments on the proposed amendments not later than 4 p.m. on January 2, 2002. Such written materials should be sent to Ann E. Mowery, Executive Director, Board of Medical Examiners, 400 S.W. 8th Street, Suite C, Des Moines, Iowa 50309–4686, or E–mail ann.mowery@ibme.state.ia.us.

There will be a public hearing on January 2, 2002, at3 p.m. in the Board office, at which time persons may present their views either orally or in writing. The Board of Medical Examiners office is located at 400 S.W. 8th Street, Suite C, Des Moines, Iowa.

These amendments are intended to implement Iowa Code section 272C.3(1)“k.”

The following amendments are proposed.

Amend 653—Chapter 14 as follows:

CHAPTER 14
IMPAIRED IOWA PHYSICIAN REVIEW
HEALTH COMMITTEE

653—14.1(272C) Impaired Iowa physician review health committee. Pursuant to the authority of Iowa Code section 272C.3(1)“k,” the board establishes the impaired Iowa physician review health committee.

“Impaired physician recovery contract Physician health contract” or “contract” means the written document establishing executed by a physician and the IPHC which establishes the terms for participation in the impaired physician recovery program prepared by the impaired physician review committee Iowa physician health program.

“Impairment” means an inability, or significant potential for inability, to practice with reasonable safety and skill as a result of alcohol or drug abuse, dependency, or addiction, or any neuropsychiatric mental or physical disorder or disability. For the purposes of this program, “impairment” does not include sexual dysfunction, sexual addiction, sexual compulsivity, paraphilia, or other sexual disorder.

“Initial agreement Agreement” means the written document establishing the initial terms for participation in the impaired Iowa physician recovery health program.

“IPRC IPHC” or “committee” means the impaired Iowa physician review health committee.

“IPRP IPHP” or “program” means the impaired Iowa physician recovery health program.

“Self–report” means an applicant or a the licensee providing written or oral notification to the board IPHC that the applicant or the licensee has been, is, or may be diagnosed as having an impairment impaired prior to the board’s receiving a complaint or report alleging the same from a second third party. Information related to an impairment or a potential impairment which is provided on a license application or renewal form may be considered a self–report upon the request of the applicant or licensee and authorization from the board and agreement by the IPHC.

653—14.3(272C) Purpose. The impaired physician review committee IPHC evaluates, assists, and monitors and, as necessary, makes reports to the board on the recovery, or rehabil–itation, or maintenance of physicians who self–report impairments. and, as necessary, notifies the board in the event of noncompliance with contract provisions. The IPHC is both an advocate for physician health and a means to protect the health and safety of the public.

653—14.4(272C) Composition Organization of the committee. The chairperson of the board shall appoint the members of the IPRC IPHC. The membership of the IPRC includes, but is not limited to:

1 a. The Executive executive director of the board or the director’s designee from the board’s staff;

2 b. One physician who has remained free of addiction for a period of no less than two years since following successfully completing successful completion of a board–approved recovery program, and a board–ordered probation for drug or alcohol dependency alcohol or drug abuse, dependency, or addiction, addiction, or abuse or an IPHC contract;

3 c. One practitioner with expertise in substance abuse/addiction treatment programs;

4 d. One physician with expertise in the diagnosis and treatment of neuropsychiatric disorders and disabilities psychiatrist; and

5 e. One public member.

653—14.5(272C) Eligibility. To be eligible for participation in the impaired physician recovery program IPHP, an applicant or a licensee must self–report an impairment or suspected impairment directly to the office of the board coordinator of the IPHP.

14.5(1) A licensee is deemed ineligible to participate in the program if the board or committee finds sufficient evidence of any of the following:

1 a. The licensee engaged in the unlawful diversion or distribution of controlled substances or illegal substances to a third party or for personal profit or gain;

2 b. At the time of self–reporting, the licensee is already under an Iowa board order for an related to an impairment or any other violation of the laws and rules governing the practice of the profession;

3 c. The licensee has caused harm or injury to a patient;

4 d. The board is currently a board investigation of the licensee that concerns serious matters related to the ability to practice with reasonable safety and skill or in accordance with the accepted standards of care; investigating the applicant or licensee for matters related to an alleged impairment; or

14.5(2) The IPHC shall report to the board any knowledge of violations of administrative rules or statutes unrelated to the impairment.

653—14.6(272C) Type of program. The impaired physician recovery program IPHP is an individualized recovery, or rehabilitation, or maintenance program designed to meet the specific needs of the impaired physician. The committee, in consultation with the licensee and upon the recommendation of an IPRC IPHC–approved evaluator, shall determine the type of recovery, or rehabilitation, or maintenance program required to treat the applicant’s or licensee’s impairment. The committee shall prepare an impaired a physician recovery health contract, to be signed by the applicant or licensee, that shall provide a detailed description of the goals of the program, the requirements for successful completion participation, and the applicant’s or licensee’s obligations therein.

653—14.7(272C) Terms of participation. A licensee or an applicant shall agree to comply with the terms for participation in the IPRP IPHP established in the initial agreement and contract. Terms of participation specified in the contract shall include, but are not limited to:

14.7(1) Duration. The length of time an applicant or a licensee shall may participate in the program shall be determined by the committee in accordance with the following:

a. Participation in the program for applicants or licensees impaired as a result of chemical dependency or alcohol or substance abuse or addiction alcohol or drug abuse, dependency, or addiction is set at a minimum of four five years. The committee may offer a contract with a shorter duration to an applicant or licensee who can demonstrate successful participation in another state’s physician health program or who can document similar experience.

b. Length of participation in the program for applicants or licensees with impairments resulting from neuropsychiatric mental or physical disorders or disabilities will vary depending upon the recommendations for treatment provided by a qualified an approved evaluator designated by the committee to establish an appropriate treatment protocol and the determination of the IPHP following review of all relevant information.

14.7(2) Noncompliance. A licensee or an applicant participating in the program is responsible for notifying the committee of any instance of noncompliance including, but not limited to, a relapse. Notification of noncompliance made to the IPRC IPHP by the applicant or licensee, any person responsible for providing or monitoring treatment, or another party shall result in the following:

a. First instance. Upon receiving notification of a first instance of noncompliance including, but not limited to, a relapse, the IPRC IPHP shall make a report to the board that includes which identifies the applicant or licensee, describes the relevant terms of the applicant’s or licensee’s contract and the nature of the noncompliance and includes recommendations as to whether treatment should be augmented or formal charges should be filed the applicant or licensee should be allowed to remain in the program or whether formal disciplinary charges should be filed by the board.

b. Second instance. Upon receiving notification of a second instance of noncompliance including, but not limited to, a relapse, the IPRC IPHP shall nullify the contract and refer the case to the board for the filing of formal charges or other appropriate action.

14.7(3) Practice restrictions. The IPRC IPHP may impose restrictions on the license to practice medicine as a term of the initial agreement or contract until such time as it receives a report from an approved evaluator that the licensee is capable of practicing with reasonable safety and skill and the IPHC determines, based on all relevant information, that the licensee is capable of practicing with reasonable skill and safety. As a condition of participating in the program, a licensee is required to agree to restrict practice in accordance with the terms specified in the initial agreement or contract. In the event that the licensee refuses to agree to or comply with the restrictions established in the initial agreement or contract, the committee shall refer the licensee to the board for appropriate action.

14.8(1) The IPRC IPHC establishes the terms of and monitors a participant’s compliance with the program specified in the initial agreement and contract. The IPRC IPHC is not responsible for participants who fail to comply with the terms of the initial agreement or contract or who fail to otherwise or successfully complete the IPRP IPHP.

14.8(2) Participation A licensee’s participation in the program under the auspices of the IPRC shall not relieve the board of any duties and shall not divest the board of any authority or jurisdiction otherwise provided. A licensee who violates the statutes or administrative rules of the board shall be referred to the board in accordance with these administrative rules for appropriate action Any violation of the statutes or rules governing the practice of medicine by a participant shall be referred to the board for appropriate action.

653—14.9(272C) Confidentiality. The IPRC is subject to the provisions governing confidentiality established in Iowa Code section 272C.6. Accordingly, information Information in the possession of the board or the committee shall be subject to the confidentiality requirements of Iowa Code section 272C.6. Information about licensees in the program shall not be disclosed to the public except as provided in this rule. Participation in the IPRP under the auspices of the IPRC is not a matter of public record.

14.9(1) The IPHC may communicate information about an IPHP participant to medical regulatory authorities, medical societies, or impaired physician programs of any jurisdiction of the United States or foreign nations in which the participant is currently licensed to practice medicine or in which the participant may seek licensure.

14.9(2) The IPHC may communicate information about an IPHP participant to any person assisting in the participant’s treatment, recovery, rehabilitation, monitoring, or maintenance.

14.9(3) The IPHC may communicate information about an IPHP participant to the board in the event a participant does not comply with the terms of the contract. The IPHC may provide the board with a participant’s IPHC file in the event the participant does not comply with the terms of the contract and the IPHC refers the case to the board for the filing of formal disciplinary charges.

14.9(4) The IPHC shall maintain a participant’s complete IPHP file for the ten–year period after a participant’s contract has expired or is terminated. After that period, the Executive Summary and contract shall be retained.

These rules are intended to implement Iowa Code section 272C.3.

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 94, “Nonresident Deer Hunting,” Iowa Administrative Code.

These rules 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.

Any interested person may make written suggestions or comments on the proposed amendments on or before December 18, 2001. 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 Bureau at (515)281–6156 or at the Bureau offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on December 18, 2001, at 11 a.m. in the Fourth Floor East Conference Room of the Wallace State Office Building at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

Any persons who intend to attend the public hearing and have special requirements such as 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. Amend rule 571—94.1(483A) as follows:

571—94.1(483A) Licenses. Every hunter must have in possession a valid nonresident deer license, a valid nonresident hunting license, and proof that the hunter has paid the current year’s wildlife habitat fee when hunting, possessing, or transporting deer. No person, while hunting deer, shall carry or have in possession any license or transportation tag issued to another person. No person shall obtain more than one nonresident deer hunting license.

94.1(1) Bow season license. Bow and arrow deer licenses shall be valid for any sex any–sex deer or antlerless deer only during the bow season and in the zone designated.

94.1(2) Regular gun season license. Regular gun season licenses will be issued for antlered deer any–sex or any sex antlerless deer depending on the zone and the county or portions of counties within that zone in accordance with 571—subrule 106.5(1). Regular gun season licenses will be issued by zone and period season and will be valid in the designated zone and for the designated period season only. Any applicant who fails to designate the zone on the application form will not receive a license.

94.1(3) Special muzzleloader Muzzleloader season. Special muzzleloader Muzzleloader season licenses will be issued for antlered deer any–sex or any sex antlerless deer depending on the zone and the county or portions of counties within that zone in accordance with 571—subrule 106.5(1) and shall be valid only during the special muzzleloader season and in the zone designated.

ITEM 2. Amend rule 571—94.2(483A) as follows:

571—94.2(483A) Season dates. Deer may be taken only during the following periods.

94.2(1) Bow season. Deer may be taken by bow and arrow only in accordance with the type, tenure, and zone of license issued from October 1 through the Friday before the first Saturday in December, and from the Monday following the third Saturday in December through January 10 of the following year.

94.2(2) Regular gun season seasons. Deer may be taken with gun only in accordance with the type, tenure season, and zone of license issued, from the first Saturday in December and continuing for five consecutive days or from the second Saturday in December and continuing for nine consecutive days.

94.2(3) Special muzzleloader Muzzleloader season. Deer may be taken by muzzleloader only in accordance with the type, tenure, and zone of license issued from the Monday following the third Saturday in December through January 10 of the following year.

ITEM 3. Amend rule 571—94.3(483A) as follows:

571—94.3(483A) Shooting hours. Legal shooting hours vary according to the type of season shall be from one–half hour before sunrise to one–half hour after sunset in all seasons.

ITEM 4. Rescind subrules 94.5(2) through 94.5(4) and renumber 94.5(5) as 94.5(2).

ITEM 5. Amend rule 571—94.6(483A) as follows:

571—94.6(483A) License quotas. A limited number of nonresident deer licenses will be issued in zones as follows:

94.6(1) Zone license quotas. Nonresident license quotas are as follows:

94.6(2) Quota applicability. The license quota issued for each zone will be the quota for all bow, regular gun and special muzzleloader season licenses combined. No more than 6,000 any sex any–sex licenses will be issued for all methods of take combined, for the entire state. Of the 6,000 any sex any–sex licenses, no more than 35 percent in any zone can be bow licenses. A maximum of 1,500 2,500 antlerless–only licenses, regardless of weapon season or zone, will be issued for the entire state.

ITEM 6. Amend subrules 94.7(3) and 94.7(4) as follows:

94.7(3) Special muzzleloader Muzzleloader season. Flintlock or percussion cap lock muzzleloaded rifles or muskets of not less than .44 nor larger than .775 caliber, shooting single projectiles only, bows as described in 94.7(1), and handguns as described in 106.7(3), will be permitted in taking deer during the special muzzleloader seasons season.

94.7(4) Prohibited weapons and devices. The use of dogs, domestic animals, salt or bait, rifles other than muzzleloaded, handguns except as provided in 94.7(3), crossbows except as otherwise provided in 571—15.5(481A), automobiles, aircraft, or any mechanical conveyances or device including electronic calls is prohibited except that paraplegics and single or double amputees of the legs may hunt from any stationary motor–driven land conveyance. “Bait” means grain, fruit, vegetables, nuts, hay, salt or mineral blocks or any other natural food materials, or by–products of such materials transported to or placed in an area for the intent of attracting wildlife. Bait does not include food placed during normal agricultural activities. “Paraplegic” means an individual with paralysis of the lower half of the body with involvement of both legs, usually due to disease of or injury to the spinal cord.

It shall be unlawful for a person, while hunting deer, to have on their person a rifle other than a muzzleloading rifle that meets the requirements of 571—subrule 106.7(3).

ITEM 7. Amend rule 571—94.8(483A) as follows:

571—94.8(483A) Application procedure. Applications for nonresident deer hunting licenses must be made through the electronic licensing system for Iowa (ELSI) telephone order system.

94.8(1) Any–sex deer licenses. Applications for any–sex licenses will be accepted from the first Saturday in May through the last Sunday in May first Sunday in June. No one may submit more than one application during the application period. Hunters may apply as individuals or as a group of up to 15 applicants. All members of a group will be accepted or rejected together in the drawing. If applications have been sold in excess of the license quota for any zone or hunting period season, a drawing will be held to determine which applicants receive licenses. Licenses or refunds of license fees will be mailed to applicants after the drawing is completed. License agent writing fees, department administrative fees and telephone order charges will not be refunded. If any zone’s license quota for any–sex licenses has not been filled, the excess any–sex licenses will be sold on a first–come, first–served basis through the telephone ordering system beginning the third fourth Saturday after the close of the application period until the quota has been filled, or the last day of the hunting period for which the license is valid, or December 14, whichever occurs first. No one may obtain more than one nonresident deer hunting license. Hunters may apply as individuals or as a group of up to 15 applicants. All members of a group will be accepted or rejected together in the drawing. Members of a group that is rejected may purchase licenses individually if excess any–sex licenses or antlerless–only licenses are available.

94.8(3) Preference points. Each individual applicant that who is unsuccessful in the drawing for an any–sex license will be assigned one preference point for each consecutive year that the applicant applies and individual is unsuccessful. Preference points will not accrue in a year in which an applicant fails to apply, but the applicant will retain any preference points previously earned. Preference points will apply only to obtaining any–sex licenses. Once an applicant receives a an any–sex nonresident deer hunting license, all preference points will be removed until the applicant is again unsuccessful in a drawing. Preference points will apply to any zone or hunting period season for which a hunter applies. The first license drawing for any–sex licenses each year will be made from the pool of applicants with the most preference points. If licenses are still available after the first drawing, subsequent drawings will be made from pools of applicants with successively fewer preference points and continue until the any–sex license quota is reached or all applicants have received licenses. Applicants who apply as a group will be included in a pool of applicants with the same number of preference points as that of the member of the group with the fewest preference points assigned.

ITEM 8. Rescind rule 571—94.10(481A) and renumber rule 571—94.11(481A) as 571—94.10(481A).

ITEM 9. Amend renumbered subrule 94.10(1) as follows:

94.10(1) Licenses. A nonresident meeting the requirements of Iowa Code section 321L.1(8) may apply for or purchase a nonresident deer hunting license to participate in a special deer hunting season for severely disabled persons. Nonresidents applying for this license must have on file with the department of natural resources either a copy of a disabilities parking permit issued by a state department of transportation or an Iowa DNR form signed by a physician that verifies their disability.

ITEM 10. Amend renumbered subrule 94.10(7) as follows:

94.10(7) Application procedures. Persons meeting the requirements for this season must apply following the procedures described in 571—94.8(483A). A person who does not have a form on file to verify a disability will not be entered into the drawing or be allowed to purchase a license and will have the license fee refunded, less a $10 administrative fee to cover the cost of handling the application as provided in 571—subrule 15.11(1). License agent writing fees, department administrative fees and telephone order charges will not be refunded.

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,” Chapter 21, “Sanitary Conditions for Barbershops and Barber Schools,” Chapter 22, “Barber Assistants,” and Chapter 23, “Continuing Education for Barbers,” and adopt new Chapter 20, “Barber Examiners,” Chapter 21, “Licensure for Barbers,” Chapter 22, “Sanitary Conditions for Barbershops and Barber Schools,” Chapter 23, “Barber Schools,” Chapter 24, “Continuing Education for Barbers,” Chapter 25, “Discipline,” and Chapter 26, “Fees,” Iowa Administrative Code.

The proposed amendments rescind the current rules regarding licensure, schools, discipline, sanitary conditions and fees and adopt new chapters for licensure, barber schools, discipline, sanitary conditions, continuing education and fees.

Any interested person may make written comments on the proposed amendments no later than December 20, 2001, addressed to Ella Mae Baird, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

The Division revised these rules according to Executive Order Number 8. The Division sent ten letters to the public for comment and two letters were received in return. Division staff also had input on these rules. The comments received were discussed by the Board and decisions were based on need, clarity, intent and statutory authority, cost and fairness.

A public hearing will be held on December 20, 2001, 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 chapters 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
BARBER EXAMINERS

645—20.1(158) Unlicensed manicurists—definitions. For the purpose of Iowa Code section 158.14, paragraph 2:

“Manicuring” means the practice of cleansing, shaping, polishing the fingernails and massaging the hands and lower arms of any person. It does not include the application of nail extensions, artificial nails or pedicuring.

“Manicurist” means a person who performs the practice of manicuring in a licensed barbershop or a licensed cosmetology salon.

“Such employment” means that a person who was employed by a licensed barbershop to manicure fingernails prior to July 1, 1989, may continue employment in any licensed barbershop without meeting licensing requirements under Iowa Code chapter 158.

This rule is intended to implement Iowa Code section 158.14.

ITEM 2. Rescind 645—Chapter 21 and adopt the following new chapter in lieu thereof:

CHAPTER 21
LICENSURE OF BARBERS

645—21.1(158) Definitions. For purposes of these rules, the following definitions shall apply:

“Board” means the board of barber examiners.

“Lapsed license” means a license that a person has failed to renew as required or the license of a person who has failed to meet stated obligations for renewal within a stated time.

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

“License expiration date” means June 30 of even–numbered years.

“Reciprocal license” means the issuance of an Iowa license to practice barbering to an applicant who is currently licensed in another state and which state has a mutual agreement to license persons who have the same or similar qualifications to those required in Iowa.

21.2(1) The following criteria shall apply to licensure:

a. The applicant shall complete a board–approved application form. Application forms may be obtained from the board Web site (http://www.idph.state.ia.us/licensure), directly from the board office or from the barber school at which the student is enrolled.

b. The applicant shall complete the application form according to the instructions contained in the application. If the application is not completed according to the instructions, the application will not be reviewed by the board.

c. Each application shall be accompanied by the appropriate fees payable by check or money order to the Board of Barber Examiners. The fees are nonrefundable.

d. The applicant shall present a certificate or satisfactory evidence of having successfully completed a tenth grade education or the equivalent.

e. The applicant shall present an official transcript of grades showing completion of training at a school approved by the board of barber examiners.

f. An application for barber or barber instructor examination must be filed with the board at least 30 days preceding the examination.

g. The candidate shall take and pass the written and practical examination required by the board.

h. Licensees who were issued their licenses within six months prior to renewal shall not be required to renew their licenses until the renewal month two years later.

i. Incomplete applications that have been on file in the board office for more than two years shall be:

(1) Considered invalid and shall be destroyed; or

(2) Maintained upon written request of the candidate. The candidate is responsible for requesting the file to be maintained.

21.2(2) Requirements for an instructor’s license. An applicant for an instructor’s license shall:

a. Submit the completed application form;

b. Submit the appropriate fees payable by check or money order to the Board of Barber Examiners;

c. Be a graduate of an accredited high school or the equivalent thereof;

d. Be licensed in the state of Iowa as a barber for not less than two years;

e. Have completed a board–approved 16–hour teaching class;

f. Pass an instructor’s examination administered by the board or its designee; and

g. Make a written request to be an instructor after completion of the 16–hour teaching class until the date of the next examination.

21.2(3) If an applicant fails the examination the second time, the board will not renew the special permission to instruct.

645—21.3(158) Course of study. Each Iowa school of barbering licensed by the board of barber examiners shall conduct a course of study of at least 2,100 hours to be equally divided over a period of not less than ten months. Such course of study shall include the following:

21.3(1) Supervised practical instruction totaling 1,675 hours shall include:

Scalp care and shampooing

Honing and stropping

Shaving

Facials, massage and packs

Science of hair structure

Haircutting

Hair tonics and singeing

Hair relaxing

Hair coloring and hair body processing

Hair styling

Manicuring

Artificial nails (all aspects)

21.3(2) Demonstration and lectures totaling 380 hours shall include:

Law, ethics, economics, equipment, shop management and history of barbering

Sanitation, sterilization, personal hygiene and first aid

Bacteriology

Anatomy

Skin, scalp, hair and their common disorders

Electricity, as applied to barbering

Chemistry and pharmacology

Scalp care

Honing and stropping

Shaving

Facials, massage and packs

Hair relaxing

Science of hair structure

Haircutting

Hair tonics and singeing

Instruments, soaps, shampoos, creams, lotions and tonics

Nails

21.3(3) Special lectures totaling 45 hours must include lectures by a qualified person in the following areas: tax consultant, advertising, insurance, business management, salesmanship and licensed barbers.

21.3(4) Foreign–trained barbers shall:

a. Provide an equivalency evaluation of their educational credentials by one of the following: International Educational Research Foundations, Inc., Credentials Evaluation Service, P.O. Box 3665, Culver City, CA 90231–3665, telephone (310)258–9451, Web site www.ierf.org or E–mail at info@ierf.org; or World Education Services (WES) at (212) 966–6311, electronically at www.wes.org or by writing to WES, P.O. Box 745, Old Chelsea Station, New York, NY 10113–0745. The professional curriculum must be equivalent to those stated in these rules. A candidate shall bear the expense of the curriculum evaluation.

b. Provide a notarized copy of the certificate or diploma awarded to the applicant from a barber school in the country in which the applicant was educated.

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

645—21.4(158) Licensure by endorsement. An applicant who has been a licensed barber under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who:

21.4(1) Submits to the board a completed application;

21.4(2) Pays the licensure fee;

21.4(3) Shows evidence of licensure requirements that are similar to those required in Iowa;

21.4(4) Obtains verification from the District of Columbia, any state, territory, province or foreign country where the applicant is licensed. Verification(s) of a current barber license in another state requires:

a. A valid licensure for at least 12 months in the 24–month period preceding the submission of the application; and

b. The verification(s) must be mailed directly to the board from the District of Columbia, any state, territory, province or foreign country in which licensure was held; and

21.4(5) Takes and passes the written and practical examination administered by the board.

645—21.5(158) Licensure by reciprocal agreement. The board may enter into a reciprocal agreement with the District of Columbia or any state, territory, province or foreign country with equal or similar requirements for licensure of barber applicants.

645—21.6(158) Temporary permits to practice barbering. An applicant who is applying for initial licensure and is not licensed in another state and who has met the requirements for licensure except for the examination may apply for a temporary permit to practice barbering. The following criteria apply to the temporary permit:

1. The temporary permit is valid from the date the application is completed until passage of the next available examination.

2. An applicant who does not pass the first examination shall take the next available examination administered by the board.

3. The temporary permit of an applicant who does not pass the second examination shall be revoked and the person may not practice barbering.

4. The applicant shall submit the temporary permit to the board before sitting for another examination.

645—21.7(158) Demonstrator’s permit. The board may issue a demonstrator’s permit to a licensed barber for the purpose of demonstrating barbering to the public. The following criteria apply to the demonstrator’s permit:

1. A demonstrator’s permit shall be valid for a barbershop, person or an event. The location, purpose and duration shall be stated on the permit.

2. A demonstrator’s permit shall be valid for no more than 10 days.

3. A completed application shall be submitted on a form provided by the board at least 30 days in advance of the intended use dates.

4. An application fee shall be submitted as set forth in these rules.

5. No more than four permits shall be issued to any applicant during a calendar year.

21.8(1) The biennial license renewal period for a license to practice barbering shall begin on July 1 of each even–numbered year and end on June 30 of each even–numbered year. All licensees shall renew on a biennial basis.

21.8(2) A renewal of license application and continuing education report form to practice as a barber shall be mailed to the licensee at least 60 days prior to the expiration of the license. Failure to receive the renewal application shall not relieve the license holder of the obligation to pay the biennial renewal fees on or before the renewal date.

a. The licensee shall submit the completed application and continuing education report form with the renewal fee to the board office before the license expiration date.

b. Individuals who were issued their initial licenses within six months of the license renewal beginning date will not be required to renew their licenses until the next renewal two years later.

c. Those persons licensed for the first time shall not be required to complete continuing education as a prerequisite for the first renewal of their licenses. Continuing education hours acquired anytime from the initial licensing until the second license renewal may be used. The new licensee will be required to complete a minimum of eight hours of continuing education per biennium for each subsequent license renewal.

d. Persons licensed to practice as barbers shall keep their renewal licenses displayed in a conspicuous public place at the primary site of practice.

21.8(3) Late renewal. If the renewal fees, continuing education report and renewal application are received within 30 days after the license renewal expiration date, the late fee for failure to renew before expiration shall be charged.

21.8(4) When all requirements for license renewal are met, the licensee shall be sent a license renewal card by regular mail.

21.9(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 practice in the state of Iowa without first complying with all regulations governing reinstatement after exemption. The application for a certificate of exemption shall be submitted upon the form provided by the board. A licensee shall hold a current license in order to apply for exempt status. A licensee shall apply for inactive status prior to the license expiration date.

21.9(2) Licensees shall renew at the next scheduled renewal time. Licensees who were issued their reinstatement within six months prior to the renewal shall not be required to renew their licenses until the renewal date two years later.

21.9(3) Reinstatement of exempted, inactive practitioners. Inactive practitioners who have requested and been granted a waiver of compliance with the renewal requirements and who have obtained a certificate of exemption shall, prior to engaging in the practice of the profession in Iowa, satisfy the requirements for reinstatement as outlined in 645—24.10(158,272C).

21.9(4) A new licensee who is on inactive status during the initial license renewal time period and reinstates before the first license expiration date will not be required to complete continuing education for that first license renewal time period only. Eight hours of continuing education will be required for every renewal thereafter.

21.9(5) Verifications of license(s) are required from any state in which the licensee has practiced since the Iowa license became inactive.

21.9(6) Reinstatement of inactive license. The following chart illustrates the requirements for reinstatement based on the length of time a license has been considered inactive.

21.10(1) If the renewal fees and continuing education report are received more than 30 days after the license expiration date, the license is lapsed. An application for reinstatement must be filed with the board and be accompanied by the reinstatement fee, the renewal fee for each biennium the license is lapsed and the late fee for failure to renew before expiration. The licensee may be subject to an audit of the licensee’s continuing education report.

21.10(2) Licensees who have not fulfilled the requirements for license renewal or for an exemption in the required time frame will have a lapsed license and shall not engage in the practice of barbering. Practicing without a license may be cause for disciplinary action.

21.10(3) In order to reinstate a lapsed license, licensees shall comply with all requirements for reinstatement as outlined in 645—24.6(158).

21.10(4) If an instructor’s license has lapsed for more than three bienniums, the instructor shall also pay the examination fee and pass the instructor examination.

21.10(5) After the reinstatement of a lapsed license, the licensee shall renew at the next scheduled renewal cycle and complete the continuing education required for the biennium.

21.10(6) Verifications of license(s) are required from any state in which the licensee has practiced since the Iowa license lapsed.

21.10(7) Reinstatement of a lapsed license. The following chart illustrates the requirements for reinstatement based on the length of time a license has lapsed.

21.11(1) An applicant who has been denied licensure by the board may appeal the denial and request a hearing on the issues related to the licensure denial by serving a notice of appeal and request for hearing upon the board not more than 30 days following the date of mailing of the notification of licensure denial to the applicant. The request for hearing as outlined in these rules shall specifically describe the facts to be contested and determined at the hearing.

21.11(2) If an applicant who has been denied licensure by the board appeals the licensure denial and requests a hearing pursuant to this rule, the hearing and subsequent procedures shall be held pursuant to the process outlined in Iowa Code chapter 272C.

These rules are intended to implement Iowa Code chapters 272C and 158.

ITEM 3. Rescind 645—Chapter 22 and adopt the following new chapter in lieu thereof:

CHAPTER 22
SANITARY CONDITIONS FOR
BARBERSHOPS AND BARBER SCHOOLS

645—22.1(158) Rules posted. The manager of each barbershop shall keep a copy of these rules (Chapter 22, “Sanitary Conditions for Barbershops and Barber Schools,” Iowa Administrative Code) posted in a conspicuous place in the shop.

645—22.2(158) License. The original license, duplicate license or temporary permit, and the current renewal certifying that the practitioner is licensed or that the practitioner is a trainee certified by the board shall be visibly displayed for each licensee. Shop and school of barbering licenses along with the current renewal shall be posted and visible to the public therein.

645—22.3(158) Sanitation. Every barbershop shall be well lighted, properly ventilated and kept in clean, sanitary and orderly condition. All shops or schools shall have handwashing and toilet facilities accessible within the building.

645—22.4(158) Quarters. Barbering shall not be practiced in a residence unless the shop is completely separated from living quarters by a solid permanent partition. A solid door leading to residence shall be permitted providing it remains closed during business hours except during entering and leaving. An outside entrance shall be provided.

645—22.5(158) Quarters adjacent to other business. A barbershop located in a room adjacent to a food service establishment, tavern or grocery shall be in a completely separate room and doors between shall be rendered unusable except for emergencies.

645—22.6(158) Plumbing. Barbershops shall have an adequate supply of potable hot and cold water under pressure.

22.7(1) Except as set forth in subrule 22.7(2), all styling and haircutting tools, instruments and equipment in a shop or a school of barbering which come in contact with a patron’s hair, nails or skin, except those which come in contact with blood or body fluids, shall be sanitized before use on each patron by cleansing thoroughly with soap and hot water, and then be disinfected by complete immersion in an EPA–registered, hospital–grade, bactericidal, virucidal and fungicidal disinfectant that is mixed and used according to the manufacturer’s directions, after which the tools and implements should be dried and placed in a closed cabinet. All tools and implements which have come in contact with blood or body fluids must be disinfected by complete immersion in an EPA–registered, hospital–grade and tuberculocidal disinfectant that is mixed and used according to the manufacturer’s directions. Disinfected implements must be stored in a disinfected, dry, covered container. All germicidal solutions shall be labeled.

22.7(2) All metallic instruments shall be kept clean by wiping carefully after each use with cotton saturated with an approved disinfectant solution. It is recommended that the solution used with metallic instruments be an EPA–registered, hospital–grade, bactericidal, virucidal and fungicidal disinfectant that is mixed and used according to the manufacturer’s directions, which shall be kept at each occupied work station.

22.7(3) An EPA–registered, hospital–grade disinfecting agent shall be available for immediate use at all times a shop or barbering school is in operation.

22.7(4) A barbershop owner shall provide closed cabinets or drawers for the keeping of all tools and towels when they are not in use.

22.7(5) A barbershop owner shall provide a minimum of one washbasin or lavatory for every two barber chairs in use. The washbasins or lavatories shall be so situated that one is readily accessible to the operator of each barber chair.

645—22.8(158) Workstands. All workstands shall be covered with some kind of nonabsorbent, washable material. All bottles, jars, receptacles, compartments, and containers of all kinds shall be properly labeled at all times, and all barbering equipment shall be maintained in a sanitary condition.

645—22.9(158) Dusters and brushes. The common neck duster or brush and the common shaving mug, soap and brush shall not be used in any barbershop or school.

645—22.10(158) Hands. Barbers shall wash their hands thoroughly with soap and water before serving a patron.

645—22.11(158) Headrest. Each barber chair headrest shall be provided with a mechanical paper container and clean shaving paper or clean towel.

645—22.12(158) Towels. Freshly laundered towels shall be used for each patron. In haircutting, shampooing, or similar activities, a freshly laundered towel or new neck strip shall be used to prevent the hair cloth from directly contacting the skin of the patron. Soiled towels shall not be left on lavatory or workstand but shall be immediately disposed of in a container for that purpose.

645—22.13(158) Styptic powder and alum. Alum or other material used to stop the flow of blood shall be used only in liquid or powder form.

645—22.14(158) Other disease carriers. No pets of any kind shall be permitted in a licensed barbershop or school except guide dogs.

645—22.15(158) Supervisor duty. It shall be the responsibility and duty of each supervisor of a barbershop to see that all employees observe all applicable rules.

645—22.16(158) Inspection report posted. Barbers shall post in a conspicuous place the prior inspection report for each respective shop.

These rules are intended to implement Iowa Code sections 147.76, 158.5, and 158.15.

ITEM 4. Rescind 645—Chapter 23 and adopt the following new chapter in lieu thereof:

CHAPTER 23
BARBER SCHOOLS

645—23.1(158) Application for licensing. An application for licensing of a proposed school shall be in writing and made to the board of barber examiners at its office in Des Moines, Iowa. A hearing will be held to determine eligibility. Notice of the time and place for the hearing shall be sent by certified mail to the applicant. The applicant shall appear in person before the board at the hearing. At the hearing the applicant shall submit to the board the following information in typed or printed form:

23.1(1) The exact location of the proposed school.

23.1(2) A statement of the maximum number of students proposed to be trained at any time as determined by the physical facilities.

23.1(3) A photostatic copy of the essential parts of all leases, with a lease of at least one year, or other documents, giving the owner of the school the right to possession of the premises.

23.1(4) Evidence that the applicant has sufficient finances to acquire the facilities and equipment required by the board and that finances are available to provide for operation of the proposed school for a minimum period of 12 months. Such evidence shall be presented by sworn affidavit of applicant and financial statement duly signed in affidavit form as to its veracity.

23.1(5) A complete plan of the physical facilities to be utilized and as applied to sections relative to classroom and minimum equipment required.

23.1(6) No student shall be accepted until the above requirements are met.

23.1(7) Application for license. An application for license which does not meet the minimum criteria for licensure shall be retained by the professional licensure division for a maximum of two years from the date the application was received. A person whose application for license is more than two years old must submit a new application and fee(s). An applicant must submit a written request to the board to keep the application on file.

23.1(8) Number of instructors required. In each school or college of barbering, there shall be at least two licensed instructors for every 30 students or fraction thereof, and one additional instructor for each additional 15 students or fraction thereof.

23.1(9) A school shall not permit its instructors to work on its patrons, except when instructing or otherwise assisting students in the school.

645—23.2(147) Minimum equipment of school of barbering. Each school of barbering shall have the following minimum equipment:

23.2(1) One chair, lavatory and backstand, providing proper cabinet for immediate linen supply, and individual sterilizers for each chair. There shall be no fewer than ten such sets in the classroom equipped for practice on the general public.

23.2(2) One set of textbooks of barbering for each student and each instructor.

23.2(3) Electric equipment. One high–frequency electrode, one twin vibrator, one heat cap, one infrared lamp, one ultraviolet lamp.

23.2(4) One trichoscope.

23.2(5) One automatic lather mixer for every two chairs.

23.2(6) One large writing board for every classroom.

23.2(7) One large bulletin board conspicuously located for posting rules, notices, and similar bulletins.

23.2(8) One set of files for all required records.

23.2(9) The classroom shall be equipped with the specified writing board and charts showing illustrations of the skin, circulation of the blood, muscles and bones of the face, scalp, and neck. This room shall be used for the sole purpose of giving scientific instruction to students.

23.3(1) No one in any way connected with a school of barbering shall guarantee occupational positions to students or guarantee financial aid in equipping a shop.

23.3(2) Instructors shall familiarize students with the different standard supplies and equipment used in barber shops.

23.3(3) No student shall receive pay nor be allowed any rebates, refunds or commissions on any money taken in at the barber chair for service rendered to patrons.

23.3(4) When school services are displayed or in any manner advertised by a school of barbering, they shall be followed by the words “STUDENT WORK” in lettering at least one–half the size of the lettering used in the advertisement or display.

23.3(5) Instructors and students shall be attired in clean and neat uniforms at all times during school hours.

23.3(6) There shall be not more than two students enrolled for each barber chair installed in a school of barbering.

23.3(7) All bottles and containers in use must be distinctly and correctly labeled, showing the intended use of the contents.

23.4(1) All schools of barbering shall establish regular school hours. No student shall be required to attend more than nine hours on any given school day. The board shall be notified of established hours.

23.4(2) A minimum of eight hours of classroom instruction per week shall be given to all students. These periods shall include lectures, individual instruction and written examinations.

23.4(3) All examinations and other written papers shall be carefully graded and returned to students in order that they may see errors.

23.5(1) Each school or college shall forward to the board of barber examiners a complete application for enrollment upon the date of admittance of a student together with required credentials.

23.5(2) Each school shall keep a daily class record of each student, showing the hours devoted to the respective subjects, time devoted by a student to each subject, the total number of hours in attendance, and days present and absent, which shall be subject to inspection by the examiners or a representative of the board.

23.5(3) The manager of each school shall compile from the records a summary of each student’s grades, hours, and attendance, which shall be presented to the student upon graduation and which shall also be made a part of the student’s application for examination. The manager shall sign each copy of the required records and shall certify said rec–ords are correct and that the student has received a diploma from the school.

645—23.6(147) Library requirements. Each school of barbering shall maintain a library for the students enrolled therein consisting of textbooks, videos, current trade publications, and shop management materials which are current within the previous ten years and which cover the topics necessary for the student to master the skill of barbering.

645—23.7(158) Apprenticeship. An applicant for a license as a barber in Iowa who is licensed as a barber or registered as an apprentice barber in another state may receive credit toward the required 2100 hours of course of study prescribed by Iowa Code section 158.8 at a ratio of 100 hours credit for each 400 hours of registered apprenticeship completed in the state in which the applicant is licensed or registered as an apprentice.

These rules are intended to implement Iowa Code chapter 158.8.

ITEM 5. Adopt new 645—Chapter 24 as follows:

CHAPTER 24
CONTINUING EDUCATION FOR BARBERS

645—24.1(158) Definitions. For the purpose of these rules, the following definitions shall apply:

“Active license” means the license of a person who is acting, practicing, functioning, and working in compliance with license requirements.

“Administrator” means the administrator of the board of barber examiners.

“Approved program/activity” means a continuing education program/activity meeting the standards set forth in these rules which has received approval by the board pursuant to these rules.

“Approved sponsor” means a person or an organization sponsoring continuing education activities that has been approved by the board as a sponsor pursuant to these rules. During the time an organization, educational institution, or person is an approved sponsor, all continuing education activities of such organization, educational institution, or person shall be deemed automatically approved.

“Audit” means the selection of licensees for verification of satisfactory completion of continuing education requirements during a specified time period or the selection of providers for verification of adherence to continuing provider requirements during a specified time period.

“Board” means the board of barber examiners.

“Continuing education” means planned, organized learning acts designed to maintain, improve, or expand a licensee’s knowledge and skills in order for the licensee to develop new knowledge and skills relevant to the enhancement of practice, education, or theory development to improve the safety and welfare of the public.

“Hour of continuing education” means a clock hour spent by a licensee in actual attendance at and completion of approved continuing education activity.

“Inactive license” means the license of a person who is not engaged in practice in the state of Iowa.

“Lapsed license” means a license that a person has failed to renew as required, or the license of a person who has failed to meet stated obligations for renewal within a stated time.

“License” means license to practice.

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

24.2(1) The biennial continuing education compliance period shall extend for a two–year period beginning on July 1 and ending on June 30 of each even–numbered year. Each biennium, each person who is licensed to practice as a barber in this state shall be required to complete a minimum of eight hours of continuing education approved by the board.

24.2(2) Requirements of new licensees. Those persons licensed for the first time shall not be required to complete continuing education as a prerequisite for the first renewal of their licenses. Continuing education hours acquired anytime from the initial licensing until the second license renewal may be used. The new licensee will be required to complete a minimum of eight hours of continuing education per biennium for each subsequent license renewal.

24.2(3) Hours of continuing education credit may be obtained by attending and participating in a continuing education activity. These hours must be approved by the board or otherwise meet the requirements herein pursuant to statutory provisions and the rules that implement them.

24.2(4) No hours of continuing education shall be carried over into the next biennium except as stated for the second renewal.

24.2(5) It is the responsibility of each licensee to finance the cost of continuing education.

24.3(1) General criteria. A continuing education activity which meets all of the following criteria is appropriate for continuing education credit if it is determined by the board that the continuing education activity:

a. Constitutes an organized program of learning which contributes directly to the professional competency of the licensee;

b. Pertains to subject matters which integrally relate to the practice of the profession;

c. Is conducted by individuals who have specialized education, training and experience by reason of which said individuals should be considered qualified concerning the subject matter of the program. The application must be accompanied by a paper, manual or outline which substantively pertains to the subject matter of the program and reflects program schedule, goals and objectives. The board may request the qualifications of presenters;

d. Fulfills stated program goals, objectives, or both; and

e. Provides proof of attendance to licensees in attendance including:

(1) Date(s), location, course title, presenter(s);

(2) Number of program contact hours (One contact hour usually equals one hour of continuing education credit.); and

(3) Official signature or verification by program sponsor.

24.3(2) Specific criteria. Continuing education credit offered for cosmetology continuing education credit will be accepted for barber continuing education credit.

24.4(1) Approval of sponsors. An applicant who desires approval as a sponsor of courses, programs, or other continuing education activities shall, unless exempted elsewhere in these rules, apply for approval to the board on the form designated by the board stating the applicant’s educational history for the preceding two years or proposed plan for the next two years.

a. The form shall include the following:

(1) Date(s), location, course title(s) offered and outline of content;

(2) Total hours of instruction presented;

(3) Names and qualifications of instructors including résumés or vitae; and

(4) Evaluation form(s).

b. Records shall be retained by the sponsor for four years.

c. Attendance record report. The person or organization sponsoring an approved continuing education activity shall provide a certificate of attendance or verification to the licensee providing the following information:

(1) Program date(s);

(2) Course title and presenter;

(3) Location;

(4) Number of clock hours attended and continuing education hours earned;

(5) Name of sponsor and sponsor number;

(6) Licensee’s name; and

(7) Method of presentation.

d. All approved sponsors shall maintain a copy of the following for a minimum of four years from the date of the continuing education activity:

(1) The continuing education activity;

(2) List of enrolled licensees’ names and license numbers; and

(3) Number of continuing education clock hours awarded.

e. The program instructors shall have successfully completed a board–approved 16–hour teaching class. Upon written request the board may grant a waiver of the 16–hour class upon demonstration by the instructor that the instructor has met the requirement by equivalency.

f. The sponsor shall submit a report of all continuing education programs conducted in the previous year during the assigned month for reporting designated by the board. The report shall include:

(1) Date(s), location, course title(s) offered and outline of content;

(2) Total hours of instruction presented;

(3) Names and qualifications of instructors including résumés or vitae;

(4) Evaluation form(s); and

(5) A summary of the evaluations completed by the licensees.

24.4(2) Prior approval of programs/activities. An organization or person other than an approved sponsor that desires prior approval of a course, program or other educational activity or that desires to establish accreditation of such activity prior to attendance shall apply to the board for approval on a form provided by the board at least 60 days in advance of the commencement of the activity. The board shall approve or deny such application in writing within 30 days of receipt of such application. The application shall state:

a. Date(s);

b. Course(s) offered;

c. Course outline;

d. Total hours of instruction; and

e. Names and qualifications of speakers and other pertinent information. The speakers shall have successfully completed a board–approved 16–hour teaching class. Upon written request the board may grant a waiver of the 16–hour class upon demonstration by the instructor that the instructor has met the requirement by equivalency. The organization or person shall be notified of approval or denial by ordinary mail.

24.4(3) Review of programs. Continuing educationprograms/activities shall be reported every year at the designated time as assigned by the board. The board may at any time reevaluate an approved sponsor. If, after reevaluation, the board finds there is cause for revocation of the approval of an approved sponsor, the board shall give notice of the revocation to that sponsor by certified mail. The sponsor shall have the right to hearing regarding the revocation. The request for hearing must be sent within 20 days after the receipt of the notice of revocation. The hearing shall be held within 90 days after the receipt of the request for hearing. The board shall give notice by certified mail to the sponsor of the date set for the hearing at least 30 days prior to the hearing. The board shall conduct the hearing in compliance with rule 645—11.9(17A).

24.4(4) Postapproval of activities. A licensee seeking credit for attendance and participation in an educational activity which was not conducted by an approved sponsor or otherwise approved shall submit to the board, within 60 days after completion of such activity, the following:

a. Date(s);

b. Course(s) offered;

c. Course outline;

d. Total hours of instruction and credit hours requested;

e. Names and qualifications of speakers and other pertinent information. The speakers shall have successfully completed a board–approved 16–hour teaching class. Upon written request the board may grant a waiver of the 16–hour class upon demonstration by the instructor that the instructor has met the requirement by equivalency;

f. Request for credit which includes a brief summary of the activity; and

g. Certificate of attendance or verification.

Within 90 days after receipt of such application, the board shall advise the licensee in writing by ordinary mail whether the activity is approved and the number of hours allowed. A licensee not complying with the requirements of this subrule may be denied credit for such activity.

24.4(5) Voluntary relinquishment. The approved sponsor may voluntarily relinquish sponsorship by notifying the board office in writing.

645—24.5(158) Reporting continuing education by licensee. At the time of license renewal, each licensee shall be required to submit a report on continuing education to the board on a board–approved form.

24.5(1) The information on the form shall include:

a. Title of continuing education activity;

b. Date(s);

c. Sponsor of the activity;

d. Board–approved sponsor number;

e. Number of continuing education hours earned; and

f. Teaching method used.

24.5(2) Audit of continuing education report. After each educational biennium, the board will audit a percentage of the continuing education reports before granting the renewal of licenses to those being audited.

a. The board will select licensees to be audited.

b. The licensee shall make available to the board for auditing purposes a copy of the certificate of attendance or verification for all reported activities that includes the following information:

(1) Date, location, course title, schedule (brochure, pamphlet, program, presenter(s)), and method of presentation;

(2) Number of contact hours for program attended; and

(3) Indication of successful completion of the course.

c. For auditing purposes, the licensee must retain the above information for two years after the biennium has end–ed.

d. Submission of a false report of continuing education or failure to meet continuing education requirements may cause the license to lapse and may result in formal disciplinary action.

e. All renewal license applications that are submitted late (after the end of the compliance period) may be subject to an audit of the continuing education report.

f. Failure to receive the renewal application shall not relieve the licensee of responsibility of meeting continuing education requirements and submitting the renewal fee by the end of the compliance period.

645—24.6(158) Reinstatement of lapsed license. Failure of the licensee to renew within 30 days after expiration date shall cause the license to lapse. A person who allows a license to lapse cannot engage in practice in Iowa without first complying with all regulations governing reinstatement as outlined in the board rules. A person who allows the license to lapse may apply to the board for reinstatement of the license. Reinstatement of the lapsed license may be granted by the board if the applicant:

1. Submits a written application for reinstatement to the board;

2. Pays all of the renewal fees then due;

3. Pays the reinstatement fee;

4. Pays the late fee;

5. Provides verification(s) of license(s) from any state in which the licensee has practiced since the Iowa license lapsed; and

6. Provides evidence of satisfactory completion of Iowa continuing education requirements during the two most recent bienniums prior to submitting the application for reinstatement, or provides proof of continuing education hours equivalent to those required in Iowa if licensed in another state of the United States or the District of Columbia. The total number of continuing education hours required for license reinstatement is computed by multiplying 8 by the number of bienniums to a maximum of 24 hours since the license lapsed. If the license has lapsed for three bienniums or less, the applicant for reinstatement may, in lieu of submitting the required continuing education, furnish evidence of successfully passing the Iowa license examinations conducted within one year of submitting the application for reinstatement. If the license has lapsed for more than three bienniums, the applicant shall complete 24 hours of approved continuing education. The applicant shall also be reexamined and show evidence of successfully passing the Iowa state barber license examination conducted within one year of submitting the application for reinstatement.

645—24.7(158,272C) Continuing education waiver for active practitioners. A barber licensed to practice barbering shall be deemed to have complied with the continuing education requirements of this state during the period that the licensee serves honorably on active duty in the military services or as a government employee outside the United States as a practicing barber.

645—24.8(158,272C) Continuing education exemption for inactive practitioners. A licensee who is not engaged in practice in the state of Iowa may be granted an exemption of continuing education compliance and obtain a certificate of exemption upon written application to the board. If the licensee seeks an inactive status for the barber’s license and the licensee also holds an instructor’s license, the instructor’s license shall automatically become inactive. If the licensee holds both a barber’s license and instructor’s license, the licensee may choose to seek an inactive license for the instructor’s license alone. The application shall contain a statement that the applicant will not engage in practice in Iowa without first complying with all regulations governing reinstatement after exemption. The application for a certificate of exemption shall be submitted upon forms provided by the board. The licensee shall have completed the required continuing education at the time of reinstatement.

645—24.9(158,272C) Continuing education waiver for disability or illness. The board may, in individual cases involving disability or illness, grant waivers of the minimum educational requirements or extension of time within which to fulfill the same or make the required reports. No waiver or extension of time shall be granted unless written application therefor is made on forms provided by the board and signed by the licensee and appropriate licensed health care practitioners. The board may grant a waiver of the minimum educational requirements for any period of time not to exceed one calendar year from the onset of disability or illness. In the event that the disability or illness upon which a waiver has been granted continues beyond the period of waiver, the licensee must reapply for an extension of the waiver. The board may, as a condition of any waiver granted, require the applicant to make up a certain portion or all of the minimum educational requirements waived by such methods as may be prescribed by the board.

645—24.10(158,272C) Reinstatement of inactive practitioners. Inactive practitioners who have been granted a waiver of compliance with these rules and obtained a certificate of waiver shall, prior to engaging in the practice of barbering in the state of Iowa, satisfy the following requirements for reinstatement:

24.10(1) Submit written application for reinstatement to the board on forms provided by the board;

24.10(2) Pay the current renewal fee;

24.10(3) Pay the reinstatement fee;

24.10(4) Furnish evidence of one of the following:

a. Completion of a total number of hours of Iowa approved continuing education computed by multiplying 8 times the number of bienniums to a maximum of 24 hours. The continuing education must be completed within the prior two bienniums of the date of application for reinstatement;

b. Successful completion of any or all parts of the Iowa state license examination as deemed necessary by the board. The examination must be successfully completed within one year of submitting the application for reinstatement; or

c. Proof of continuing education hours equivalent to those required in Iowa if licensed in another state of the United States or the District of Columbia; and

24.10(5) Provide verification(s) of license(s) from any state in which the licensee has practiced since the Iowa license became inactive.

These rules are intended to implement Iowa Code section 272C.2 and chapter 158.

ITEM 6. Adopt new 645—Chapter 25 as follows:

CHAPTER 25
DISCIPLINE FOR BARBERS

645—25.1(272C) Grounds for discipline. The board may impose any of the disciplinary sanctions set forth in rule 645—13.1(272C), including civil penalties in an amount not to exceed $1000, when the board determines that a licensee is guilty of any of the following acts or offenses:

1. Fraud in procuring a license.

2. Professional incompetency.

3. 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.

4. Habitual intoxication or addiction to the use of drugs.

5. Conviction of a felony related to the profession or occupation of the licensee or the conviction of any felony that would affect the licensee’s ability to practice within a profession. A copy of the record of conviction or plea of guilty shall be conclusive evidence.

6. Fraud in representations as to skill or ability.

7. Use of untruthful or improbable statements in advertisements.

8. Willful or repeated violations of the provisions of Iowa Code chapter 147.

9. Mental or physical inability reasonably related to and adversely affecting the licensee’s ability to practice in a safe and competent manner.

10. Involuntary commitment for treatment of mental illness, drug addiction or alcoholism.

11. Practicing the profession while the license is suspended.

12. Suspension or revocation of license by another state.

13. Negligence by the licensee in the practice of the profession, which is a failure to exercise due care including negligent delegation to or supervision of employees or other individuals, whether or not injury results; or any conduct, practice or conditions which impair the ability to safely and skillfully practice the profession.

14. Permitting an unlicensed employee or person under the licensee’s control to perform activities requiring a license.

15. Practicing outside the scope of a license.

16. Obtaining, possessing, or attempting to obtain or possess a controlled substance without lawful authority; or sell–ing, prescribing, giving away, or administering controlled substances.

17. Verbally or physically abusing clients.

18. False or misleading advertising.

19. Betrayal of a professional confidence.

20. Falsifying clients’ records.

21. Failure to report a change of name or address within 30 days after it occurs.

22. Submission of a false report of continuing education or failure to submit the annual report of continuing education.

23. Failure to notify the board within 30 days after occurrence of any judgment or settlement of a malpractice claim or action.

24. Failure to comply with a subpoena issued by the board.

25. Failure to report to the board as provided in rule 645— 25.1(272C) any violation by another licensee of the reasons for disciplinary action as listed in this rule.

This rule is intended to implement Iowa Code chapters 17A and 272C.

ITEM 7. Adopt new 645—Chapter 26 as follows:

CHAPTER 26
FEES

645—26.1(147,157) License fees. All fees are nonrefundable.

26.1(1) Licensure fee for license to practice barbering, licensure by endorsement, licensure by reciprocity, or an instructor’s license shall be $100.

26.1(2) Biennial license renewal fee for each license for each biennium shall be $50.

26.1(3) Late fee for failure to renew before expiration shall be $50.

26.1(4) Reinstatement fee for a lapsed or an inactive license shall be $50.

26.1(5) Duplicate license fee shall be $10.

26.1(6) Verification of license fee shall be $10.

26.1(7) Returned check fee shall be $15.

26.1(8) Disciplinary hearing fee shall be a maximum of $75.

26.1(9) Temporary permit fee shall be $10.

26.1(10) Fee for taking or retaking the theory examination shall be $75.

26.1(11) Fee for license to conduct a school teaching barbering shall be $500.

26.1(12) Renewal fee for a school teaching barbering shall be $250.

26.1(13) Fee for a school teaching barbering to change the location of the school is $250.

26.1(14) Barbershop license fee shall be $60.

26.1(15) Renewal of a barbershop license fee shall be $60 biennially.

26.1(16) Demonstrator permit fee shall be $35 for the first day and $10 for each day thereafter that the permit is valid.

This rule is intended to implement Iowa Code section 147.80 and Iowa Code chapter 158.

Pursuant to the authority of Iowa Code section 157.14, 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,” Chapter 61, “Licensure of Salons and Schools of Cosmetology Arts and Sciences,” Chapter 62, “Fees,” and Chapter 64, “Continuing Education for Cosmetology Arts and Sciences,” Iowa Administrative Code.

The proposed amendments add new language regarding continuing education that is not required for the first renewal of the license, change the cap on continuing education hours to match the number of renewals, change the license renewal requirements to clarify the criteria for continuing education requirements, change the reinstatement rules, require that the salon floor plan be included with the application form, and change the salon license fee to cover a biennium rather than a year.

Any interested person may make written comments on the proposed amendments no later than December 20, 2001, addressed to Marge Bledsoe, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

A public hearing will be held on December 20, 2001, from 9 to 11 a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at which time persons may pre–sent 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 157.14 and chapter 272C.

The following amendments are proposed.

ITEM 1. Amend rule 645—60.1(157) by adopting the following new definitions in alphabetical order:

“Licensure by endorsement” means the issuance of an Iowa license to practice cosmetology to an applicant who is currently licensed in another state.

“Reciprocal license” means the issuance of an Iowa license to practice cosmetology to an applicant who is currently licensed in another state and which state has a mutual agreement to license persons who have the same or similar qualifications to those required in Iowa.

ITEM 2. Amend paragraph 60.8(2)“c” and adopt new paragraph 60.8(2)“e” as follows:

c. Those persons licensed for the first time shall not be required to complete continuing education as a prerequisite for the first renewal of their licenses. Continuing education hours acquired anytime from the initial licensing until the second license renewal may be used. The new licensee will be required to complete a minimum of eight hours of continuing education per biennium for each subsequent license renewal period.

ITEM 3. Amend rule 645—60.9(272C) as follows:

60.9(1) and 60.9(2) No change.

60.9(3) A new licensee who is on inactive status during the initial license renewal time period and reinstates before the first license expiration date shall not be required to complete continuing education for that first license renewal time period only. Eight hours of continuing education shall be required for every renewal thereafter.

60.9(3 5) Reinstatement of an inactive license after exemption. The following chart illustrates the requirements for reinstatement based on the length of time a license has been considered inactive.

ITEM 4. Renumber subrule 60.10(4) as 60.10(6), rescind subrule 60.10(5) and adopt new subrules 60.10(4) and 60.10(5) as follows:

60.10(4) After reinstatement of the lapsed license, the licensee shall renew at the next scheduled renewal cycle and complete the continuing education required for the biennium.

60.10(5) Verification(s) of license is required from all states in which the licensee has practiced since the Iowa license lapsed.

ITEM 5. Amend renumbered subrule 60.10(6) as follows:

60.10(6) Reinstatement of a lapsed license. The following chart illustrates the requirements for reinstatement based on the length of time a license has been considered lapsed.

ITEM 6. Amend subrule 61.1(1) as follows:

61.1(1) An application for a salon license shall be made in writing to the Board of Cosmetology Arts and Sciences Examiners, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075. Application forms shall be obtained from the board. The following information shall be required on these forms The applicant shall:

a. A floor plan of proposed salon showing all entrances and exits, reception, styling, cleaning and toilet areas. Submit the completed application on a board–approved application form at least 30 days prior to the anticipated opening day;

b. If the salon area is in a facility where other businesses are located, the salon relationship to the other businesses must be shown on the floor plan. (See 645—subrule 63.3(2)) Submit the salon license fee.

ITEM 7. Amend subrule 61.1(6), paragraphs “a,” “c” and “d,” as follows:

a. Any change of location shall necessitate an application for a new license and submission of the required fee required by 645—subrule 62.1(8).

c. A change in salon name shall be reported necessitate notification to the board within 30 days of the change, accompanied by and submission of the required fee required by 645—subrule 62.1(20).

d. A change of ownership of a salon shall necessitate an application for a new license and submission of the required fee required by 645—subrule 62.1(8).

ITEM 8. Amend subrules 62.1(8) and 62.1(16) as follows and rescind and reserve subrule 62.1(18):

62.1(8) Disciplinary hearing fee shall be a minimum maximum of $75.

62.1(16) Salon license fee shall be $35 $70.

ITEM 9. Amend subrule 64.2(1) as follows:

64.2(1) The biennial continuing education compliance period shall extend for a period that begins on April 1 of one year and ends on March 31 two years later. All licenses shall be renewed on a biennial basis. Each biennium, each person who is licensed to practice as a licensee in this state shall be required to complete a minimum of 8 hours of continuing education approved by the board for each license held, of which 4 hours shall be in the prescribed practice discipline. Licensees who are instructors of cosmetology arts and sciences shall obtain 16 hours of continuing education approved by the board, of which 8 hours shall be in teaching methodology.

a. and b. No change.

d c. Licensees currently licensed in Iowa but practicing exclusively in another state may comply with Iowa continuing education requirements for license renewal by meeting the continuing education requirements of the state or states where the licensee practices. Those licensees living and practicing in a state which has no continuing education requirement for renewal of a license shall not be required to meet Iowa’s continuing education requirement but shall pay all renewal fees when due.

ITEM 10. Amend rule 645—64.6(157) by rescinding numbered paragraphs “4” to “7” and adopting the following new numbered paragraphs in lieu thereof:

4. Pays the late fee which has been assessed by the board for failure to renew;

5. Furnishes evidence of satisfactory completion of continuing education requirements during the period since the license lapsed or submits a notarized statement of active practice of at least 12 months during the 24 months preceding the application for reinstatement. The total number of continuing education hours required for license reinstatement is computed by multiplying 8 by the number of bienniums since the license lapsed to a maximum of four bienniums or 32 continuing education hours;

6. Furnishes verification of current active license in another state;

7. Completes the Iowa law (jurisprudence) examination if the license has lapsed for four bienniums or more.

ITEM 11. Amend subrule 64.10(4) as follows:

64.10(4) Furnish in the application evidence of the following:

a. Satisfactory completion of continuing education requirements during the period since the license became inactive or a notarized statement of active practice of at least 12 months during the 24 months preceding the application for reinstatement. The total number of continuing education hours required for license reinstatement is computed by multiplying 8 by the number of bienniums since the license lapsed became inactive to a maximum of four bienniums or 32 continuing education hours. ;

b c. If the license has lapsed been inactive for four or more bienniums, the person shall complete the national board Iowa law (jurisprudence) examination.

Pursuant to the authority of Iowa Code section 135.11(19), the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 76, “Maternal and Child Health Program,” Iowa Administrative Code.

The purposes of revising Chapter 76 are to update the language and to include policies related to children with special health care needs (CSHCN) and related to informing and care coordination for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) program, Care for Kids, and policies of the Iowa Department of Public Health. The revisions also include deleting references to the Physicians Care for Children (Diagnosis and Treatment) program and the Council on Chemically Exposed Infants and Children, as the program and council no longer exist. The amendments include but are not limited to program explanation, definitions, explanation of services, application procedures for prospective clients, eligibility for clients, and responsibilities of the Department and Child Health Specialty Clinics.

The Department acquired input from various disciplines in revising Chapter 76. Representatives from the Child Health Specialty Clinics, Iowa Department of Human Services, Medical Services Division, Family and Community Health Bureau, Early ACCESS, EPSDT, Maternal and Child Health (MCH) Advisory Council, and MCH grantees were involved in the revision process.

Any interested person may make written or oral suggestions or comments on these proposed amendments on or before December 19, 2001. Comments should be directed to Julie McMahon, Division Director, Family and Community Health, Iowa Department of Public Health, Lucas State Office Building, Fifth Floor, Des Moines, Iowa 50319–0075; telephone (515)281–3931 or fax (515)242–6384.

Also, there will be a public hearing on Wednesday, December 19, 2001, from 10 to 11 a.m. via telephone conference using the telephone number (515)281–3704 or 1–800– 528–5274. Any changes to the conference call arrangements will be posted on the Iowa Department of Public Health Web site (www.idph.state.ia.us). Persons may present their views 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—76.1(135) as follows:

641—76.1(135) Program explanation. The maternal and child health (MCH) programs are operated by the Iowa department of public health as the designated state agency pursuant to an agreement with the federal government. The majority of the funding available is from the Title V, MCH services block grant, administered by the Health Resources and Services Administration within the United States Department of Health and Human Services.

The purpose of the program is to promote the health of mothers and children by ensuring or providing access to quality maternal and child health services (especially for low–income families or families with limited availabilityof health services); to reduce infant mortality and the incidence of preventable diseases and handicapping conditions; to increase the number of children appropriately immunized against disease; and to facilitate the development ofcommunity–based systems of health care for children and their families. The program provides and promotes family–centered, community–based coordinated care, including care coordination care/service coordination services for children with special health care needs.

The department’s family services bureau enters into contracts with selected private nonprofit or public agencies for the provision of assurance of access to prenatal, and postpartum care for women, and preventive and primary child health services, and services to children with special health care needs. The types of services provided by these contracts are infrastructure building, population–based services, enabling services, and direct health services. The department’s dental health bureau collaborates with the family services bureau to develop oral health programs to reduce barriers to oral health care and reduce dental disease through prevention. The children with special health care needs program is administered by Child Health Specialty Clinics (CHSC), University of Iowa. The department contracts with the University of Iowa department of pediatrics’ child health specialty clinics to provide services to children with special health care needs.

The MCH advisory council 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 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 provider providers for representatives of children with special health care needs. The council membership shall also include the chairs, or designees, of the department’s advisory committee for perinatal guidelines, the Iowa council on chemically exposed infants and children, and the birth defects advisory committee to ensure coordination of their respective issues and priorities. The chair of the family services bureau grantee committee or the designee of the chair may serve as an ex–officio member of the council.

The Iowa council on chemically exposed infants and children (CCEIC) defined in Iowa Code chapter 235C serves as a subcommittee to the MCH advisory council. The CCEIC assists in developing and implementing policies to reduce the likelihood that infants will be born chemically exposed and to assist those who are born chemically exposed to grow and develop in a safe environment.

ITEM 2. Amend 641—76.3(135) as follows:

641—76.3(135) Rule coverage. These rules cover agencies contracting with the department to provide community–based MCH public health services and to receive funds from the department for that purpose. The contract agencies conduct essential public health services directed toward the maternal and child health populations consistent with the state’s MCH services block grant state plan. The state plan is developed and administered collaboratively by the family services bureau of the department and CHSC. Other programs funded by the Iowa legislature from MCH services block grant are not included in these rules.

ITEM 3. Amend rule 641—76.4(135) as follows:

Amend the definitions of “care coordination,” “dental health education,” “MCH services,” “Medicaid,” “nutrition counseling,” “performance standards,” “psychosocial counseling,” and “Title V” as follows:

“Care coordination Care/service coordination” means a process of linking the service system to the recipient and organizing the various elements in order to achieve a successful outcome. The terms “care coordination” and “service coordination” may be used interchangeably.

“Dental Oral health education” means basic dental health information provided by a health professional about dental disease, prevention, and oral hygiene and other anticipatory guidance.

“MCH services” means essential public health services provided by MCH contract agencies.

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

“Nutrition counseling screening” means nutrition screening and education appropriate to the needs of the client, and referral to a licensed dietitian if indicated.

“Performance standards” means criteria or indicators of the quality of service provided or the capability of a contract agency to provide public health services in a cost–effective or efficient manner as defined in“Performance Standards, Maternal and Child Health Contractors, Family Services Bureau.” identified in the MCH Administrative Manual.

“Psychosocial counseling services” means services provided to include individual and family social assessment, counseling, and referral. means screening activities that include social assessment and assisting with a family’s additional needs for support and referral.

“Title V” means Title V of the Social Security Act and the federal requirements contained in the Omnibus Reconciliation Act of 1989 (Public Law 101–239) which address the Maternal and Child Health and children with special health care needs program programs.

Adopt the following new definitions in alphabetical order:

“Children with Special Health Care Needs (CSHCN)” means children with chronic physical, developmental, behavioral, or emotional conditions that require health and related services of a type or amount beyond that required by children generally.

“EPSDT” means the Early and Periodic, Screening, Diagnosis and Treatment program which provides for regular preventive health care services for children ages 0 to 21 as authorized by Title XIX of the Social Security Act.

“Gap filling” means direct health services supported by Title V staff or resources that are needed by children with special health care needs but are not otherwise accessible in the community.

ITEM 4. Amend rule 641—76.5(135), introductory paragraph, as follows:

641—76.5(135) MCH services. The following public health services shall be provided by contract agencies:

ITEM 5. Amend subrule 76.5(1) as follows:

Amend paragraphs “c,” “e,” “f” and “g” as follows:

c. Support Methodological support for a method of data collection, analysis, and dissemination.

e. Promotion of Promote regulations, standards, and contracts that protect the public’s health and safety.

f. Monitoring and evaluating Monitor and evaluate the effectiveness, accessibility and quality of personal health and population–based services in the community.

g. Supporting Support innovative initiatives to gain new insights and solutions to family and community health–related needs.

Adopt new paragraphs “h” and “i” as follows:

h. Develop state plan and annual reports in conjunction with the family services bureau.

i. Develop systems for transitioning adolescents with special health care needs to adult services.

ITEM 6. Amend subrule 76.5(2) by amending paragraph “c” and adopting new paragraph “f” as follows:

c. Outreach and public health education.

ITEM 7. Amend subrule 76.5(3) as follows:

Amend paragraphs “a,” “c,” “g” and “h” as follows:

a. Care coordination Care/service coordination.

c. Outreach services to families and children who do not access a regular and continuous source of health care (medical and dental home).

g. Family support activities. Parent–to–parent support for families who have children with special health care needs.

h. Referral or enrollment of families in health insurance for public insurance plans. Information and outreach to families applying for the Supplemental Security Income program (Title XVI).

Rescind and reserve paragraph “i.”

ITEM 8. Amend subrule 76.5(4) as follows:

76.5(4) Direct health services. Direct health services may be provided to meet identified community needs. The following preventive direct health services may be supported by MCH program funds to the extent the comprehensive community assessment documents that the services are not otherwise available from health professionals within the community. Payment shall be based upon Title XIX rates to the extent that current Title XIX rate information is available to the department. Contract agencies may enter into agreements that reimburse less than the Title XIX rate. Services provided by personnel employed by MCH contract agencies are not reimbursable. Agencies shall not reimburse a provider under sanction by CMS.

a. Child health.

(1) Informing.

(2) Care coordination Care/service coordination.

(3) Nutrition counseling.

(4) Psychosocial counseling Psychosocial services.

(5) Parenting education.

(6) Health education.

(7) Well–child health services include routine, ambulatory well–child care.

b. Prenatal and postpartum services.

(1) Care coordination Care/service coordination.

(2) Risk assessment.

(3) Psychosocial screening assessment and counseling.

(4) Nutrition assessment and counseling.

(5) Health education.

(6) Routine, ambulatory prenatal medical care, postpartum exams, and family planning services.

c. Dental health—maternal and child.

(1) Dental Oral screening.

(2) Dental treatment services through referral.

(3) Dental Oral health education.

d. Children with special health care needs. Community–based pediatric subspecialty clinic services that are “gap filling.”

ITEM 9. Amend subrule 76.6(1) by amending paragraph “b” and adopting new paragraph “c” as follows:

b. Child health care services—birth through 20 21 years of age.

ITEM 10. Adopt new subrule 76.6(5) as follows:

76.6(5) Children with special health care needs. An individual applying for CHSC services shall be determined to have a special health care need as defined by the federal MCH bureau. Children ages 0 to 21 residing in Iowa with or at risk of having a special health care need are eligible for CHSC services. Care/service coordination or other nonclinic services are provided at no charge to the family. Clinic services are provided without charge to families with adjusted gross incomes below 185 percent of the federal poverty guideline. Families above this threshold are responsible for payment according to a sliding fee scale based on tax exemptions, adjusted gross income, and extenuating circumstances.

ITEM 11. Amend subrule 76.7(1) as follows:

76.7(1) A person desiring direct health services under this program or the parent or guardian of a minor desiring such care direct health services other than those provided to children with special health care needs shall apply to a contract agency using a Health Services Application, Form 470– 2927, 470–2927(SP), or the alternate form authorized by the HAWK–I board.

ITEM 12. Adopt new subrule 76.7(7) as follows:

76.7(7) A family seeking direct health care or care/service coordination services for a child with special health care needs shall follow CHSC policies and procedures. Insurance status and eligibility for the sliding fee scale are determined during the patient registration process.

ITEM 13. Amend rule 641—76.9(135) as follows:

641—76.9(135) Grant application procedures forcommunity–based contract agencies. Private nonprofit or public agencies seeking to provide community–based Title V–MCH public health services shall file a letter of intent to make application to the department no later than April 1 of the competitive year. Applications shall be to administer MCH services for a specified project period, as defined in the request for proposal, 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 Chief, Family Services Bureau, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

ITEM 14. Amend the catchwords of rule 641— 76.10(135) as follows:

ITEM 15. Amend subrule 76.11(1) as follows:

76.11(1) Performance standards. The department shall establish performance standards that contract agencies shall meet in the provision of public health services. The performance standards for community–based agencies are published in the document “Performance Standards, Maternal and Child Health Contractors, Family Services Bureau.” MCH administrative manual. The performance standards are included in the contract agency MCH program grant application packet each year. Copies of the performance standards are available from the Chief, Family Services Bureau, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075. Contract agencies that do not meet the performance standards shall not be eligible for continued funding as an MCH contract agency unless the contract agency has secured a waiver. an exception.

ITEM 16. Amend subrule 76.11(2) as follows:

76.11(2) Contract agency review. The department shall review contract agency operations through the use of reports and documents submitted, state–generated data reports, chart audits, on–site and clinic visits for direct care services as applicable for evaluation and technical assistance.

ITEM 17. Amend subrule 76.11(3) as follows:

76.11(3) Exception. A contract agency that does not meet a performance standard or fails to meet an action plan as approved by the department may be granted an exception for up to one year in order to improve performance. Such an exception must be requested in writing. If granted, the 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 an exception are outlined in the “Performance Standards, Maternal and Child Health Contractors, Family Services Bureau.”

ITEM 18. Amend rule 641—76.12(135) as follows:

641—76.12(135) Reporting. Completion of grant applications, budgets, expenditure reports, annual progress reports, performance standards reports, and data forms shall be performed by contract agencies in compliance with the contract with the department.

ITEM 19. Amend subrule 76.13(4) as follows:

76.13(4) Local share. Contract Community–based contract agencies are required to match the MCH funds received from the department at a minimum rate of one dollar of local match for every four dollars received from the department. Sources that may be used for match are reimbursement for service from third parties such as insurance and Title XIX, client fees, local funds from nonfederal sources, or in–kind contributions. In–kind contributions must be documented in accordance with generally accepted accounting principles.7/99

ITEM 20. Rescind and reserve rule 641—76.15(135).

ITEM 21. Amend rule 641—76.17(135), introductory paragraph, as follows:

641—76.17(135) Right to appeal—contract agency. Contract Community–based contract agencies may appeal the denial of a contract or the suspension, revocation or reduction of an existing contract.

Pursuant to the authority of Iowa Code section 135.11(26), the Department of Public Health hereby gives Notice of Intended Action to adopt new Chapter 93, “Abuse Education Review Panel,” Iowa Administrative Code.

The rules in Chapter 93 describe the purpose, composition, and duties of the abuse education review panel; standards for approval of abuse education curricula; process for application review and approval; and process for appeal.

Any interested person may make written suggestions or comments on this proposed chapter on or before December 18, 2001. Such written materials should be directed to the Executive Staff Division, Department of Public Health, Lucas State Office Building, Sixth Floor, Des Moines, Iowa 50319–0075; fax (515)281–4958. Persons who wish to convey their views orally should contact the Executive Staff Division at (515)242–6333.

There will be a public hearing on December 18, 2001, from 9 to 11 a.m., in the Lucas State Office Building, Fifth Floor, Room 518, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the rules.

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

These rules are intended to implement Iowa Code section 135.11 as amended by 2001 Iowa Acts, House File 680, section 1.

The following new chapter is proposed.

CHAPTER 93
ABUSE EDUCATION REVIEW PANEL

641—93.1(79GA,HF680) Purpose. The purpose of the abuse education review panel process is to provide an objective method by which curricula for child and dependent adult abuse mandatory reporter training are reviewed and approved. Approved curricula are to be taught to persons who work in a position classification that under law makes the persons mandatory reporters of child or dependent adult abuse and the position classification does not have a mandatory reporter training curriculum approved by a licensing or examining board.

93.2(1) Panel composition. The director shall appoint the members of the panel. The panel shall be comprised of six members, with one member having expertise in issues related to child abuse, one member having expertise in issues related to dependent adult abuse, one member having expertise in curriculum development, and three members representing mandatory reporters or employers of mandatory reporters. Appointments shall be for three–year staggered terms that shall expire on June 30. A member shall serve no more than three terms or nine years. The director shall fill any vacancy for the unexpired term of the vacancy. The director shall make all reasonable efforts to ensure that the total composition of the panel is fair, impartial, and equitable.

93.2(2) Designation of officers. The panel shall elect a chairperson and vice–chairperson at the first meeting of each fiscal year. A vacancy in the office of chairperson shall be filled by elevation of the vice–chairperson. A vacancy in the office of vice–chairperson shall be filled by election at the next meeting after the vacancy occurs. If the chairperson is absent or unable to act, the vice–chairperson shall perform the duties of the chairperson. The chairperson shall preside at all meetings of the panel, appoint such subcommittees as deemed necessary, and designate the chairperson of each subcommittee.

93.2(3) Vacancies. In the event a vacancy occurs prior to the completion of the panel member’s term, the director shall fill the vacancy using the same criteria required in the selection of the original member. The director shall declare a vacancy upon the death, resignation, or failure to serve of any panel member.

641—93.3(79GA,HF680) Meetings. The panel shall meet as necessary and appropriate. Two–thirds of members shall constitute a quorum, and the affirmative vote of two–thirds of members present shall be necessary for any action to be taken by the panel. However, no recommendations may be adopted without the affirmative vote of at least four members of the panel. The members of the panel shall be eligible for reimbursement of actual and necessary expenses for the performance of their official duties.

641—93.4(79GA,HF680) Duties. The panel shall perform the following duties:

1. Review and approve criteria for child and dependent adult abuse curricula for persons who work in a position classification that under law makes the persons mandatory reporters of child or dependent adult abuse and the position classification does not have a mandatory reporter training curriculum approved by a licensing or examining board.

2. Conduct literature reviews and scrutinize existing research pertinent to its purpose.

3. Review curricula based on the criteria established in rule 93.5(79GA,HF680).

4. Report decisions regarding approvals or denials to applicants.

5. Review appeals as provided in rule 93.7(79GA, HF680).

6. Maintain a list of all approved curricula and distribute the list upon request.

641—93.5(79GA,HF680) Standards for approval of curricula. The following criteria are established to assist in evaluation of curricula. Nothing in this rule shall preclude providers from offering additional coursework, training, or information that exceeds or expands upon the curriculum prescribed by the panel. At a minimum, approved curricula shall contain each of the following:

93.5(1) Content that necessitates at least two hours of training.

93.5(2) The definition of child abuse as defined in Iowa Code section 232.68(2) or the definition of dependent adult abuse as defined in Iowa Code section 235B.2(5) or both.

93.5(3) Training in the physical, psychological, behavioral, environmental, and other relevant indicators of child abuse as defined in Iowa Code section 232.68(2) or dependent adult abuse as defined in Iowa Code section 235B.2(5) or both.

93.5(4) Requirements and procedures for reporting suspected cases of abuse, including when to report, how to report, and to whom to report.

93.5(5) Review of the Code of Iowa and the Iowa Administrative Code pertaining to child or dependent adult abuse, including review of the classifications of mandatory reporters, confidentiality provisions, immunity provisions, and penalties for failure to report.

93.5(6) A description of the assessment protocol utilized by the department of human services and other investigating agencies following receipt of a report and the manner in which information is shared between the department of human services and the reporter, other relevant individuals, agencies, and entities.

93.5(7) An evaluation component to assess the understanding, knowledge, and skills acquired.

93.5(8) Resource materials or information in the following areas:

a. The causes and risk factors of child or dependent adult abuse;

b. Assisting individuals and families who have experienced child or dependent adult abuse, including information on local resources and available referral services;

c. Prevention of child or dependent adult abuse.

93.6(1) Submission and decision. An organization, institution, agency, or individual may submit an application for approval of curriculum on a form prescribed by the panel. The application shall at a minimum demonstrate the manner in which the proposed curriculum meets the criteria in rule 93.5(79GA,HF680). Within three months of submission of an application, the panel shall review the application and issue a written decision regarding the application. If each of the standards for approval has been satisfied, the panel shall approve the curriculum for a period of three years and shall notify the applicant of the panel’s decision in writing. If the standards for approval have not been met, the panel shall deny the curriculum and shall provide to the applicant a written explanation of the reason for denial.

93.6(2) Renewal. Within 90 days of expiration of the three–year approval period, an applicant may apply for approval renewal by completing a renewal of application form provided by the panel.

93.6(3) Additional information. The panel may request additional information from the applicant or other individuals at any phase in the review process.

93.6(4) Evaluation of approved curriculum. The panel may at any time reevaluate an approved curriculum. Upon evidence of a significant variation in the curriculum presented from the curriculum approved, the panel may disapprove all or any part of the previously approved curriculum.

641—93.7(79GA,HF680) Process for appeal. A person aggrieved by a panel decision may, within 30 days of receipt of the decision, appeal the decision by submitting a written appeal to the chairperson which states the reason for the appeal. Within 60 days of receipt of the appeal, the panel shall review the application and any additional information submitted. If the panel finds that each of the standards for approval has been satisfied, the panel shall approve the curriculum. If the standards for approval have not been met, the panel shall deny the curriculum. The panel shall provide a written explanation of the reasons for the approval or denial of approval. This decision is the final action of the panel and shall be considered final agency action for purposes of judicial review. The appeal review process is not a contested case proceeding as that term is defined in Iowa Code chapter 17A.

These rules are intended to implement Iowa Code section 135.11 as amended by 2001 Iowa Acts, House File 680, section 1.

Pursuant to the authority of Iowa Code section 147A.4, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 131, “Emergency Medical Services Provider Education/Training/Certification,” Iowa Administrative Code.

The proposed amendments standardize program didactic hours for EMS certification courses to align more closely with national standards. The amendments also further define “public access defibrillation provider.” The amendments also incorporate the authority of emergency medical care personnel to further implement 2000 Iowa Acts, House File 2333, by allowing EMS providers to function in a hospital or other entity in which health care is ordinarily provided.

The Bureau of EMS has presented these amendments at informal and formal meetings over the last four months. The Iowa EMS Education and Training Committee unanimously endorsed the proposed amendments at its October 29, 2001, meeting. The Iowa EMS Advisory Council unanimously endorsed the proposed amendments at its October 10, 2001, meeting.

The Department has not provided specific provisions for a waiver or variance relating to Chapter 131. A party seeking a waiver or variance to Chapter 131 should do so pursuant to the Department’s variance and waiver provisions contained in 641—Chapter 178.

The Department of Public Health will hold a public hearing over the Iowa Communications Network (ICN) on Tuesday, December 18, 2001, from 1 to 2 p.m. Sites participating in the ICN broadcast include:

National Guard Armory, 11 East 23rd Street, Spencer, Iowa;

National Guard Armory, 1712 LaClark Road, Carroll, Iowa;

National Guard Armory, 1160 10th Street SW, Mason City, Iowa;

East Side Branch Public Library, ICN Room, 2559 Hubbell Avenue, Des Moines, Iowa;

National Guard Armory, 195 Radford Road, Dubuque, Iowa; and

Kirkwood Learning Center, 111 Westview Drive, Washington, Iowa.

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 person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Department of Public Health and advise of specific needs.

Any oral or written comments must be received on or before December 18, 2001. Comments should be addressed to Tim Peterson, M.D., EMS Bureau Chief, Department of Public Health, 401 SW 7th Street, Suite D, Des Moines, Iowa 50309.

These amendments are intended to implement Iowa Code chapter 147A.

The following amendments are proposed.

ITEM 1. Amend rule 641—131.1(147A) as follows:

Amend the following definitions:

“CPR” means training and successful course completion in cardiopulmonary resuscitation, AED and obstructed airway procedures for all age groups according to recognized national standards. This includes one rescuer, two rescuer, and child/infant cardiopulmonary resuscitation and adult and child/infant obstructed airway procedures.

“Critical care paramedic (CCP)” means a currently certified paramedic specialist who has successfully completed a critical care course of instruction approved by the department and has received endorsement from the department as a critical care paramedic.

“Current course completion card” means written recognition given for training and successful course completion of CPR or ACLS PAD with an expiration date or a recommended renewal date that exceeds the current date.

“Emergency medical care personnel” or “provider” means an individual who has been trained to provide emergency and nonemergency medical care at the first–responder, EMT–basic, EMT–intermediate, EMT–paramedic, paramedic specialist level or other certification levels adopted by rule by the department and who has been issued a certificate by the department.

“Emergency medical technician–paramedic (EMT–P)” means an individual who has successfully completed the current United States Department of Transportation’s EMT–Intermediate curriculum or the 1984 1985 or earlier DOT EMT–P curriculum, passed the department’s approved written and practical examinations, and is currently certified by the department as an EMT–P.

“Emergency rescue technician (ERT)” means an individual emergency medical care provider trained in various rescue techniques including, but not limited to, extrication from vehicles and agricultural rescue, and who has successfully completed a curriculum approved by the department in cooperation with the Iowa Fire Service Institute department of public safety.

“EMS instructor (EMS–I)” means an individual who has successfully completed an EMS instructor curriculum approved by the department and is currently certified endorsed by the department as an EMS–I.

“Physician designee” means a registered nurse licensed under Iowa Code chapter 152, or a physician’s physician assistant licensed under Iowa Code chapter 148C and approved by the board of physician’s physician assistant examiners, who holds a current course completion card in ACLS. The physician designee may act as an intermediary for a supervising physician in directing the actions of emergency medical care personnel in accordance with written policies and protocols.

“Public access defibrillation (PAD) provider” means someone who has current course completion in a nationally recognized public access defibrillation provider course approved by the department and who also holds a current course completion in CPR. The department deems a provider who has received and maintained certificates of completion from each of these courses to be certified by the department.

“Specialty certification” “Endorsement” means a nonmedical certification providing approval in an area related to emergency medical care including, but not limited to, emergency rescue technician and emergency medicalservices–instructor.

Rescind the following definition:

ITEM 2. Amend rule 641—131.2(147A) as follows:

131.2(1) Enrollment requirements. To be enrolled in an EMS training program course leading to certification by the department, an applicant shall:

1. to 6. No change.

ITEM 3. Amend subrule 131.3(1) as follows:

Amend paragraphs “o,” “r” and “s” as follows:

o. All examination attempts shall be completed within one year of the initial course completion date. If an individual is unable to complete the testing within one year due to medical reasons or military obligation, an extension may be granted upon submission of a signed statement from a physician an appropriate medical/military authority and approval by the department.

r. Applicants for EMS–I certification endorsement shall successfully complete an EMS–Instructor curriculum approved by the department.

s. Applicants for ERT certification endorsement shall successfully complete an ERT curriculum approved bythe department in cooperation with the Iowa Fire Service Institute department of public safety.

Rescind paragraphs “t” and “u” and reletter paragraph “v” as “t.”

ITEM 4. Amend subrule 131.3(2) as follows:

131.3(2) Multiple certificates and renewal.

a. With the exception of specialty certifications, the The department shall consider the highest level of certification attained to be active. Any lower levels of certification shall be considered idle.

b. and c. No change.

ITEM 5. Amend subrule 131.3(3) as follows:

Amend paragraph “f” as follows:

f. If an individual is unable to complete the required continuing education during the certification period due to an illness, or injury medical reasons or military obligation, an extension of certification may be issued upon submis–sion of a signed statement from a physician an appropriatemedical/military authority and approval by the department.

Rescind paragraph “h.”

ITEM 6. Amend subrule 131.3(4) as follows:

Amend paragraph “b” by rescinding subparagraph (7) and adopting the following new subparagraph (7):

(7) Critical care paramedic—8 hours of approved CCP core curriculum topics.

Amend paragraph “e” as follows:

Amend subparagraph (1) as follows:

(1) Nationally recognized EMS–related courses, e.g., ACLS;

Rescind subparagraph (15) and adopt the following new subparagraphs (15) and (16):

(15) Disaster preparedness;

(16) Emergency runs/responses as a volunteer member of an authorized EMS service program (primary attendant).

ITEM 7. Amend subrule 131.3(8) as follows:

131.3(8) Fees. The following fees shall be collected by the department and shall be nonrefundable:

a. No change.

b. Renewal of EMT–I, EMT–P, and paramedic specialist certification(s) fee—$10. This fee is refundable if the applicant’s certification renewal status is not posted on the bureau of EMS Web page in the certification database within two weeks from the date the department receives the completed renewal application.

c. to h. No change.

ITEM 8. Amend subrule 131.3(9) as follows:

131.3(9) Certification through endorsement. An individual currently certified by another state or registrant of the National Registry of EMTs must also possess a current Iowa certificate to be considered certified in this state. The department shall contact the state of certification or the National Registry of EMTs to verify certification or registry and good standing. To receive Iowa certification, the individual shall:

a. and b. No change.

c. Provide verification of current course completion in CPR. Applicants for EMT–P or paramedic specialist endorsement shall also provide verification of current course completion in ACLS.

d. to g. No change.

ITEM 9. Amend subrule 131.4(1) as follows:

131.4(1) Curricula.

a. The training program shall use the following course curricula approved by the department for certification. The department shall determine course length.

(1) EMS provider curricula and course length:

1. PAD—Iowa curriculum or approved national curriculum.

2. ILEECP—Iowa curriculum, 24 hours.

3. First responder—Current DOT FR curriculum plus department enhancements, 50 to 60 hours.

4. EMT–B—Current DOT EMT–B curriculum plus department enhancements, 118 to 130 hours, clinical time or field time or both as necessary to complete objectives.

5. EMT–I—Iowa curriculum, 54 to 60 didactic hours, clinical and field time as necessary to complete objectives.

6. EMT–P—Current DOT EMT–I curriculum, 280 to 310 didactic hours, clinical and field time as necessary to complete objectives.

7. Paramedic specialist—Current DOT EMT–P curriculum, 600 to 660 didactic hours, clinical and field time as necessary to complete objectives.

(2) Specialty curricula:

1. EMS–I—Current DOT curriculum plus department enhancements.

2. No change.

Curriculum enhancements are available from the Iowa Department of Public Health, Bureau of EMS, Lucas State Office Building, Des Moines, Iowa 50319–0075.

b. No change.

ITEM 10. Amend subrule 131.4(4) as follows:

131.4(4) Staff.

a. No change.

b. A training program director shall be appointed who is an appropriate health care professional. This individual shall be a full–time educator or a practitioner in emergency or critical care. Current EMS instructor certification endorsement is also recommended, but not mandatory.

c. Course coordinators, outreach course coordinators, and primary instructor(s) used by the training program shall be currently certified endorsed as EMS instructors.

d. The instructional staff shall be comprised of physicians, nurses, pharmacists, emergency medical care personnel, or other health care professionals who have appropriate education and experience in emergency and critical care. Current EMS instructor certification endorsement is also recommended, but not mandatory.

e. to i. No change.