CHAPTER 35
PLUMBING AND MECHANICAL SYSTEMS BOARD—ALTERNATIVE LICENSURE PATHWAYS
641—35.1(105) Definitions. For purposes of this chapter, the following definitions apply:
“Board” means the plumbing and mechanical systems board as established pursuant to Iowa Code section 105.3.
“Full time” means a minimum of 1,700 hours of work in a one-year period.
“Issuing jurisdiction” means the duly constituted authority in another state that has issued a professional license, certificate, or registration to a person.
“Transferring jurisdiction” means the specific issuing jurisdiction on which an applicant relies to seek licensure in Iowa by verification under this chapter.
[ARC 8533B, IAB 2/24/10, effective 1/26/10; ARC 5762C, IAB 7/14/21, effective 8/18/21]
641—35.2(105) Reciprocity agreements.
	35.2(1) The board may enter into reciprocity agreements with other states that have plumbing, mechanical, HVAC-refrigeration, sheet metal, and hydronic licensing requirements similar to those set forth under Iowa law.
	35.2(2) The board shall not enter into a reciprocity agreement with another state unless the other state grants the same reciprocity licensing privileges to residents of Iowa who have obtained Iowa plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic licenses under Iowa Code chapter 105.
[ARC 8533B, IAB 2/24/10, effective 1/26/10; ARC 1224C, IAB 12/11/13, effective 1/15/14; ARC 5762C, IAB 7/14/21, effective 8/18/21]
641—35.3(105)  Licensure by reciprocity. A nonresident of Iowa seeking a reciprocal license under Iowa Code chapter 105 shall apply on forms provided by the board.
	35.3(1)  Reciprocity requirements. The board may issue a reciprocal license if all of the following criteria are met:
	a. 	The applicant is a nonresident of Iowa;
	b. 	The applicant possesses a valid plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic license from an issuing jurisdiction with which the board has entered into a reciprocity agreement;
	c. 	The applicant has paid the appropriate fee or fees required in 641—Chapter 28;
	d. 	The applicant meets the minimum qualifications for licensure set forth in rule 641—29.4(105); and
	e. 	The applicant agrees to comply with all provisions of Iowa law and applicable administrative rules.
	35.3(2) Denial of reciprocal license. The board may refuse to issue a reciprocal license to an applicant otherwise qualified based upon a suspension, revocation, or other disciplinary action taken against the applicant by a licensing authority in this or another jurisdiction. For purposes of this subrule, a “disciplinary action” includes the voluntary surrender of a license to resolve a pending disciplinary investigation or proceeding.
[ARC 8533B, IAB 2/24/10, effective 1/26/10; ARC 1224C, IAB 12/11/13, effective 1/15/14; ARC 5762C, IAB 7/14/21, effective 8/18/21]
641—35.4(105) Licensure by verification. Licensure by verification is available under the following circumstances.
	35.4(1) Eligibility. A person may seek licensure by verification if all of the following criteria are satisfied:
	a. 	The person is licensed, certified, or registered in at least one other issuing jurisdiction;
	b. 	The scope of practice in the transferring jurisdiction is substantially similar to the scope of practice in Iowa;
	c. 	The person’s license, certification, or registration is in good standing in all issuing jurisdictions in which the person holds a license, certificate, or registration; and
	d. 	The person either:
	(1)	Establishes residency in the state of Iowa; or
	(2)	Is married to an active duty member of the military forces of the United States and is accompanying the member on an official permanent change of station.
	35.4(2) Board application. The applicant must submit all of the following:
	a. 	A completed application for licensure by verification.
	b. 	Payment of the appropriate fee or fees required by 641—Chapter 28.
	c. 	A verification form completed by the transferring jurisdiction, verifying that the applicant’s license, certificate, or registration in that jurisdiction complies with the requirements of Iowa Code section 272C.12. The completed verification form must be sent directly from the transferring jurisdiction to the board.
	d. 	Proof of residency in the state of Iowa or proof of military member’s official permanent change of station. Proof of residency may include:
	(1)	A residential mortgage, lease, or rental agreement;
	(2)	A utility bill;
	(3)	A bank statement;
	(4)	A paycheck or pay stub;
	(5)	A property tax statement;
	(6)	A document issued by the federal or state government; or
	(7)	Any other board-approved document that reliably confirms Iowa residency.
	e. 	Proof of passing the applicable Iowa licensing examination.
	f. 	Documentation of the applicant’s complete criminal record in accordance with 641—paragraph 29.5(4)“c,” including the applicant’s personal statement regarding whether each offense directly relates to the practice of the profession.
	g. 	Copies of any relevant disciplinary documents, if another issuing jurisdiction has taken disciplinary action against the applicant.
	35.4(3) Applicants with prior discipline. If another issuing jurisdiction has taken disciplinary action against an applicant, the board will determine whether the cause for the disciplinary action has been corrected and the matter has been resolved. If the board determines the disciplinary matter has not been resolved, the board will neither issue a license nor deny the application for licensure until the matter is resolved. A person whose license was revoked, or a person who voluntarily surrendered a license, in another issuing jurisdiction is ineligible for licensure by verification.
	35.4(4) Applicants with pending licensing complaints or investigations. If an Iowa applicant is concurrently subject to a complaint, allegation, or investigation relating to unprofessional conduct pending before any regulating entity in another issuing jurisdiction, the board will neither issue a license nor deny the application for licensure until the complaint, allegation, or investigation is resolved.
	35.4(5) Temporary licenses. Applicants who satisfy all requirements for a license by verification under this rule, except for passing the applicable Iowa licensing examination, may be issued a temporary license that is valid for a period of three months and may be renewed once for an additional period of three months. The applicant must submit proof of passing the applicable Iowa licensing examination before the temporary license expires.
[ARC 5762C, IAB 7/14/21, effective 8/18/21; ARC 6939C, IAB 3/8/23, effective 4/12/23]
641—35.5(105) Licensure by work experience in jurisdictions without licensure requirements.
	35.5(1) Work experience.
	a. 	An applicant for initial licensure who has relocated to Iowa from another jurisdiction that did not require a license to practice the profession may be considered to have met the applicable educational and training requirements if the person has at least three years of full time work experience within the four years preceding the date of application for initial licensure. For each application submitted under this rule, the board will determine whether the applicant’s prior work experience was substantially similar to the applicable apprenticeship training that is required for individuals licensed under 641—Chapter 29.
	b. 	If the board determines an applicant’s prior work experience was not substantially similar to the scope of practice in Iowa, the applicant may submit a subsequent application for licensure by work experience if all of the following criteria are satisfied:
	(1)	The applicant enrolls in an apprenticeship program approved by the United States Department of Labor;
	(2)	The applicant obtains a board-issued apprentice license; and
	(3)	The applicant successfully completes one year in the apprenticeship program.
	c. 	The applicant must satisfy all other license requirements, including passing any required examinations, to receive a license.
	35.5(2) Required documentation. An applicant seeking to substitute work experience in lieu of satisfying applicable education or training requirements bears the burden of providing all of the following by submitting relevant documents as part of a completed license application:
	a. 	Proof of Iowa residency, which may include:
	(1)	A residential mortgage, lease, or rental agreement;
	(2)	A utility bill;
	(3)	A bank statement;
	(4)	A paycheck or pay stub;
	(5)	A property tax statement;
	(6)	A document issued by the federal or state government; or
	(7)	Any other board-approved document that reliably confirms Iowa residency.
	b. 	Proof of three or more years of full time work experience within the four years preceding the application for Iowa licensure, which demonstrates that the work experience was substantially similar to an applicable apprenticeship program approved by the United States Department of Labor. Proof of work experience may include, but is not limited to:
	(1)	A letter from the applicant’s prior employer or employers documenting the applicant’s dates of employment and scope of practice;
	(2)	A paycheck or pay stub; or
	(3)	If the applicant was self-employed, business documents filed with the secretary of state or other applicable business registry or regulatory agency in the other jurisdiction.
	c. 	Proof that the applicant’s work experience involved a substantially similar scope of practice to the practice in Iowa, which must include:
	(1)	A written statement by the applicant detailing the scope of practice and stating how the work experience correlates to an applicable apprenticeship program approved by the United States Department of Labor; and
	(2)	Business or marketing materials detailing the services provided.
	d. 	Proof that the other jurisdiction did not require a license to practice the profession, which may include:
	(1)	Copies of applicable laws;
	(2)	Materials from a website operated by a governmental entity in that jurisdiction; or
	(3)	Materials from a nationally recognized professional association applicable to the profession.
[ARC 5762C, IAB 7/14/21, effective 8/18/21]
These rules are intended to implement Iowa Code sections 105.21 and 272C.12.
[Filed Emergency After Notice ARC 8533B (Notice ARC 8365B, IAB 12/2/09), IAB 2/24/10, effective 1/26/10]
[Filed ARC 1224C (Notice ARC 0930C, IAB 8/7/13), IAB 12/11/13, effective 1/15/14]
[Filed ARC 5762C (Notice ARC 5477C, IAB 2/24/21), IAB 7/14/21, effective 8/18/21]
[Filed ARC 6939C (Notice ARC 6646C, IAB 11/16/22), IAB 3/8/23, effective 4/12/23]