641—131.3(147A,272C) Initial certification.
	131.3(1) An individual who has successfully completed the training program requirements at the EMR, EMT, AEMT or paramedic level and has a valid certification with NREMT shall submit the following to the department for initial Iowa emergency medical care provider certification:
	a. 	A completed EMS certification application.
	b. 	An NREMT active certification number.
	c. 	Payment of the initial application fee.
	d. 	Two completed fingerprint cards for background checks.
	e. 	Payment of the background check fee.
	131.3(2) Once the above items are received and approved, the department may issue an initial emergency medical care provider certification.
	131.3(3) Initial Iowa certification dates shall be consistent with the NREMT certification dates.
	131.3(4) The individual seeking an Iowa emergency medical provider care certification shall submit all application materials within two years from the Iowa training program course completion date.
	131.3(5) If the individual is unable to complete the requirements within two years due to medical reasons or military obligation, an extension may be granted upon submission of a signed statement from an appropriate medical or military authority and approval by the department.
	131.3(6) Fees may be waived in accordance with provisions in Iowa Code chapter 272C for individuals demonstrating income that does not exceed 200 percent of the federal poverty level.
	131.3(7) Use of criminal convictions in eligibility determinations and initial licensing decisions.
	a. 	License application. Unless an applicant for licensure petitions the department for an eligibility determination pursuant to paragraph 131.3(7)“b,” the applicant’s convictions will be reviewed when the department receives a completed license application.
	(1)	An applicant must disclose all convictions on a license application. Failure to disclose all convictions is grounds for license denial or disciplinary action following license issuance.
	(2)	An applicant with one or more convictions shall submit the complete criminal record for each conviction and a personal statement regarding whether each conviction directly relates to the practice of the profession in order for the license application to be considered complete.
	(3)	An applicant must submit as a part of the license application all evidence of rehabilitation that the applicant wishes to be considered by the department.
	(4)	The board may deny a license if the applicant has a disqualifying offense unless the applicant demonstrates by clear and convincing evidence that the applicant is rehabilitated pursuant to Iowa Code section 272C.15.
	(5)	An applicant with one or more disqualifying offenses who has been found rehabilitated must still satisfy all other requirements for licensure.
	(6)	Any application fees paid will not be refunded if the license is denied.
	b. 	Eligibility determination. An individual who has not yet submitted a completed license application may petition the department for a determination of whether one or more of the individual’s convictions are disqualifying offenses that would render the individual ineligible for licensure. An individual with a conviction is not required to petition the department for an eligibility determination prior to applying for licensure. To petition the department for an eligibility determination of whether one or more of the petitioner’s convictions are disqualifying offenses, a petitioner shall submit all of the following:
	(1)	A completed petition for eligibility determination form;
	(2)	The complete criminal record for each of the petitioner’s convictions;
	(3)	A personal statement regarding whether each conviction directly relates to the duties and responsibilities of the profession and why the department should find the petitioner rehabilitated;
	(4)	All evidence of rehabilitation that the petitioner wishes to be considered by the board; and
	(5)	Payment of a nonrefundable fee of $25.
	c. 	Appeal. A petitioner deemed ineligible or an applicant denied a license because of a disqualifying offense may appeal the decision in the manner and time frame set forth in the board’s written decision. A timely appeal will initiate a nondisciplinary contested case proceeding. The department’s rules governing contested case proceedings will apply unless otherwise specified in this rule. If the petitioner or applicant fails to timely appeal, the department’s written decision will become a final order.
	(1)	An administrative law judge will serve as the presiding officer of the nondisciplinary contested case proceeding, unless the department elects to serve as the presiding officer. When an administrative law judge serves as the presiding officer, the decision rendered shall be a proposed decision.
	(2)	The contested case hearing shall be closed to the public and the board’s review of a proposed decision shall occur in closed session.
	(3)	The office of the attorney general shall represent the department’s initial ineligibility determination or license denial and shall have the burden of proof to establish that the petitioner or applicant’s convictions include at least one disqualifying offense. Upon satisfaction of this burden by a preponderance of the evidence by the office of the attorney general, the burden of proof shall shift to the petitioner or applicant to establish rehabilitation by clear and convincing evidence.
	(4)	A petitioner or applicant must appeal an ineligibility determination or license denial in order to exhaust administrative remedies. A petitioner or applicant may only seek judicial review of an ineligibility determination or license denial after the issuance of a final order following a contested case proceeding. Judicial review of the final order following a contested case proceeding shall be in accordance with Iowa Code chapter 17A.
	d. 	Future petitions or applications. If a final order determines a petitioner is ineligible, the petitioner may not submit a subsequent petition for eligibility determination or a license application prior to the date specified in the final order. If a final order denies a license application, the applicant may not submit a subsequent license application or a petition for eligibility determination prior to the date specified in the final order.
[ARC 5143C, IAB 8/12/20, effective 9/16/20; ARC 5764C, IAB 7/14/21, effective 8/18/21]