House File 2627 H-8250 Amend House File 2627 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 PROFESSIONAL LICENSING 5 Section 1. Section 103.6, subsection 1, paragraph e, Code 6 2020, is amended by striking the paragraph. 7 Sec. 2. Section 103.9, subsection 3, Code 2020, is amended 8 by striking the subsection. 9 Sec. 3. Section 103.10, subsection 6, Code 2020, is amended 10 by striking the subsection. 11 Sec. 4. Section 103.12, subsection 6, Code 2020, is amended 12 by striking the subsection. 13 Sec. 5. Section 103.12A, subsection 4, Code 2020, is amended 14 by striking the subsection. 15 Sec. 6. Section 103.13, subsection 4, Code 2020, is amended 16 by striking the subsection. 17 Sec. 7. Section 103.15, subsection 7, Code 2020, is amended 18 by striking the subsection. 19 Sec. 8. Section 105.10, subsection 5, Code 2020, is amended 20 by striking the subsection. 21 Sec. 9. Section 105.22, subsection 4, Code 2020, is amended 22 by striking the subsection. 23 Sec. 10. Section 135.105A, subsection 5, Code 2020, is 24 amended to read as follows: 25 5. The department shall adopt rules regarding minimum 26 requirements for lead inspector, lead abater, and lead-safe 27 renovator training programs, certification, work practice 28 standards, and suspension and revocation requirements, and 29 shall implement the training and certification programs. Rules 30 adopted pursuant to this subsection shall comply with chapter 31 272C. The department shall seek federal funding and shall 32 establish fees in amounts sufficient to defray the cost of the 33 programs. The fees shall be used for any of the department’s 34 duties under this subchapter , including but not limited 35 -1- HF2627.4289 (1) 88 ss/rh 1/ 19 #1.
to the costs of full-time equivalent positions for program 1 services and investigations. Fees received shall be considered 2 repayment receipts as defined in section 8.2 . 3 Sec. 11. Section 147.3, Code 2020, is amended to read as 4 follows: 5 147.3 Qualifications. 6 An applicant for a license to practice a profession under 7 this subtitle is not ineligible because of age, citizenship, 8 sex, race, religion, marital status, or national origin, 9 although the application form may require citizenship 10 information. A board may consider the past criminal record of 11 an applicant only if the conviction relates to the practice of 12 the profession for which the applicant requests to be licensed. 13 Sec. 12. Section 147.55, subsection 5, Code 2020, is amended 14 by striking the subsection. 15 Sec. 13. Section 147A.7, subsection 1, paragraph j, Code 16 2020, is amended by striking the paragraph. 17 Sec. 14. Section 148.6, subsection 2, paragraph b, Code 18 2020, is amended by striking the paragraph. 19 Sec. 15. Section 148H.7, subsection 1, paragraph a, Code 20 2020, is amended by striking the paragraph. 21 Sec. 16. Section 151.9, subsection 5, Code 2020, is amended 22 by striking the subsection. 23 Sec. 17. Section 152.10, subsection 2, paragraph c, Code 24 2020, is amended by striking the paragraph. 25 Sec. 18. Section 153.34, subsection 9, Code 2020, is amended 26 by striking the subsection. 27 Sec. 19. Section 154A.24, subsection 1, Code 2020, is 28 amended by striking the subsection. 29 Sec. 20. Section 156.9, subsection 2, paragraph e, Code 30 2020, is amended by striking the paragraph. 31 Sec. 21. Section 272.1, Code 2020, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 5A. “Offense directly relates” refers to 34 either of the following: 35 -2- HF2627.4289 (1) 88 ss/rh 2/ 19
a. The actions taken in furtherance of an offense are 1 actions customarily performed within the scope of practice of 2 a licensed profession. 3 b. The circumstances under which an offense was committed 4 are circumstances customary to a licensed profession. 5 Sec. 22. Section 272.2, subsection 14, paragraph a, Code 6 2020, is amended to read as follows: 7 a. The board may deny a license to or revoke the license 8 of a person upon the board’s finding by a preponderance of 9 evidence that either the person has been convicted of a crime 10 an offense and the offense directly relates to the duties and 11 responsibilities of the profession or that there has been 12 a founded report of child abuse against the person. Rules 13 adopted in accordance with this paragraph shall provide that 14 in determining whether a person should be denied a license or 15 that a practitioner’s license should be revoked, the board 16 shall consider the nature and seriousness of the founded abuse 17 or crime in relation to the position sought, the time elapsed 18 since the crime was committed, the degree of rehabilitation 19 which has taken place since the incidence of founded abuse or 20 the commission of the crime, the likelihood that the person 21 will commit the same abuse or crime again, and the number of 22 founded abuses committed by or criminal convictions of the 23 person involved. 24 Sec. 23. Section 272C.1, Code 2020, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 7A. “Offense directly relates” refers to 27 either of the following: 28 a. The actions taken in furtherance of an offense are 29 actions customarily performed within the scope of practice of 30 a licensed profession. 31 b. The circumstances under which an offense was committed 32 are circumstances customary to a licensed profession. 33 Sec. 24. Section 272C.4, subsection 13, Code 2020, is 34 amended by striking the subsection. 35 -3- HF2627.4289 (1) 88 ss/rh 3/ 19
Sec. 25. Section 272C.10, subsection 5, Code 2020, is 1 amended by striking the subsection and inserting in lieu 2 thereof the following: 3 5. Conviction of a felony offense, if the offense directly 4 relates to the profession or occupation of the licensee, in the 5 courts of this state or another state, territory, or country. 6 Conviction as used in this subsection includes a conviction of 7 an offense which if committed in this state would be a felony 8 without regard to its designation elsewhere, and includes a 9 finding or verdict of guilt made or returned in a criminal 10 proceeding even if the adjudication of guilt is withheld or not 11 entered. A certified copy of the final order or judgment of 12 conviction or plea of guilty in this state or in another state 13 constitutes conclusive evidence of the conviction. 14 Sec. 26. NEW SECTION . 272C.12 Licensure of persons licensed 15 in other jurisdictions. 16 1. Notwithstanding any other provision of law, an 17 occupational or professional license, certificate, or 18 registration, including a license, certificate, or registration 19 issued by the board of educational examiners, shall be issued 20 without an examination to a person who establishes residency 21 in this state or to a person who is married to an active duty 22 member of the military forces of the United States and who is 23 accompanying the member on an official permanent change of 24 station to a military installation located in this state if all 25 of the following conditions are met: 26 a. The person is currently licensed, certified, or 27 registered by at least one other issuing jurisdiction in the 28 occupation or profession applied for with a substantially 29 similar scope of practice and the license, certificate, or 30 registration is in good standing in all issuing jurisdictions 31 in which the person holds a license, certificate, or 32 registration. 33 b. The person has been licensed, certified, or registered by 34 another issuing jurisdiction for at least one year. 35 -4- HF2627.4289 (1) 88 ss/rh 4/ 19
c. When the person was licensed by the issuing jurisdiction, 1 the issuing jurisdiction imposed minimum educational 2 requirements and, if applicable, work experience and clinical 3 supervision requirements, and the issuing jurisdiction verifies 4 that the person met those requirements in order to be licensed 5 in that issuing jurisdiction. 6 d. The person previously passed an examination required by 7 the other issuing jurisdiction for licensure, certification, 8 or registration, if applicable. 9 e. The person has not had a license, certificate, or 10 registration revoked and has not voluntarily surrendered a 11 license, certificate, or registration in any other issuing 12 jurisdiction or country while under investigation for 13 unprofessional conduct. 14 f. The person has not had discipline imposed by any other 15 regulating entity in this state or another issuing jurisdiction 16 or country. If another jurisdiction has taken disciplinary 17 action against the person, the appropriate licensing board 18 shall determine if the cause for the action was corrected and 19 the matter resolved. If the licensing board determines that 20 the matter has not been resolved by the jurisdiction imposing 21 discipline, the licensing board shall not issue or deny a 22 license, certificate, or registration to the person until the 23 matter is resolved. 24 g. The person does not have a complaint, allegation, or 25 investigation pending before any regulating entity in another 26 issuing jurisdiction or country that relates to unprofessional 27 conduct. If the person has any complaints, allegations, or 28 investigations pending, the appropriate licensing board shall 29 not issue or deny a license, certificate, or registration to 30 the person until the complaint, allegation, or investigation 31 is resolved. 32 h. The person pays all applicable fees. 33 i. The person does not have a criminal history that would 34 prevent the person from holding the license, certificate, or 35 -5- HF2627.4289 (1) 88 ss/rh 5/ 19
registration applied for in this state. 1 2. A person licensed pursuant to this section is subject to 2 the laws regulating the person’s practice in this state and is 3 subject to the jurisdiction of the appropriate licensing board. 4 3. This section does not apply to any of the following: 5 a. The ability of a licensing board, agency, or department 6 to require the submission of fingerprints or completion of a 7 criminal history check. 8 b. Criteria for a license, certificate, or registration that 9 is established by an interstate compact. 10 c. The ability of a licensing board, agency, or department 11 to require a person to take and pass an examination specific to 12 the laws of this state prior to issuing a license. A licensing 13 board, agency, or department that requires an applicant to take 14 and pass an examination specific to the laws of this state 15 shall issue an applicant a temporary license that is valid 16 for a period of three months and may be renewed once for an 17 additional period of three months. 18 d. A license issued by the department of transportation. 19 e. A person who is licensed by another issuing jurisdiction 20 and is granted a privilege to practice in this state by another 21 provision of law without receiving a license in this state. 22 f. A person applying for a license through a national 23 licensing organization. 24 4. A license, certificate, or registration issued 25 pursuant to this section does not grant the person receiving 26 the license, certificate, or registration eligibility to 27 practice pursuant to an interstate compact. A licensing 28 board shall determine eligibility for a person to hold a 29 license, certificate, or registration pursuant to this section 30 regardless of the person’s eligibility to practice pursuant to 31 an interstate compact. 32 5. For the purposes of this section, “issuing jurisdiction” 33 means the duly constituted authority in another state that has 34 issued a professional license, certificate, or registration to 35 -6- HF2627.4289 (1) 88 ss/rh 6/ 19
a person. 1 Sec. 27. NEW SECTION . 272C.13 Educational requirements —— 2 work experience. 3 1. Except as provided in subsection 2, a person applying 4 for a professional or occupational license, certificate, or 5 registration in this state who is not licensed, certified, or 6 registered in another state shall be considered to have met any 7 education, training, or work experience requirements imposed 8 by a licensing board in this state if the person has three or 9 more years of related work experience within the four years 10 preceding the date of application. 11 2. This section does not apply to a license, certificate, 12 or registration issued by the board of medicine, the board of 13 nursing, the dental board, or the board of pharmacy. 14 Sec. 28. NEW SECTION . 272C.14 Waiver of fees. 15 A licensing board, agency, or department shall waive any 16 fee charged to an applicant for a license if the applicant’s 17 household income does not exceed two hundred percent of the 18 federal poverty income guidelines and the applicant is applying 19 for the license for the first time in this state. 20 Sec. 29. NEW SECTION . 272C.15 Disqualifications for 21 criminal convictions limited. 22 1. Notwithstanding any other provision of law to the 23 contrary, except for chapter 272, a person’s conviction of a 24 crime may be grounds for the denial, revocation, or suspension 25 of a license only if an unreasonable risk to public safety 26 exists because the offense directly relates to the duties 27 and responsibilities of the profession and the appropriate 28 licensing board, agency, or department does not grant an 29 exception pursuant to subsection 4. 30 2. A licensing board, agency, or department that may deny a 31 license on the basis of an applicant’s conviction record shall 32 provide a list of the specific convictions that may disqualify 33 an applicant from receiving a license. Any such offense 34 shall be an offense that directly relates to the duties and 35 -7- HF2627.4289 (1) 88 ss/rh 7/ 19
responsibilities of the profession. 1 3. A licensing board, agency, or department shall not deny 2 an application for a license on the basis of an arrest that 3 was not followed by a conviction or based on a finding that an 4 applicant lacks good character, suffers from moral turpitude, 5 or on other similar basis. 6 4. A licensing board, agency, or department shall grant 7 an exception to an applicant who would otherwise be denied a 8 license due to a criminal conviction if the following factors 9 establish by clear and convincing evidence that the applicant 10 is rehabilitated and an appropriate candidate for licensure: 11 a. The nature and seriousness of the crime for which the 12 applicant was convicted. 13 b. The amount of time that has passed since the commission 14 of the crime. There is a rebuttable presumption that an 15 applicant is rehabilitated and an appropriate candidate 16 for licensure five years after the date of the applicant’s 17 release from incarceration, provided that the applicant was 18 not convicted of sexual abuse in violation of section 709.4, 19 a sexually violent offense as defined in section 229A.2, 20 dependent adult abuse in violation of section 235B.20, a 21 forcible felony as defined in section 702.11, or domestic abuse 22 assault in violation of section 708.2A, and the applicant 23 has not been convicted of another crime after release from 24 incarceration. 25 c. The circumstances relative to the offense, including any 26 aggravating and mitigating circumstances or social conditions 27 surrounding the commission of the offense. 28 d. The age of the applicant at the time the offense was 29 committed. 30 e. Any treatment undertaken by the applicant. 31 f. Whether a certification of employability has been issued 32 to the applicant pursuant to section 906.19. 33 g. Any letters of reference submitted on behalf of the 34 applicant. 35 -8- HF2627.4289 (1) 88 ss/rh 8/ 19
h. All other relevant evidence of rehabilitation and present 1 fitness of the applicant. 2 5. An applicant may petition the relevant licensing board, 3 agency, or department, in a form prescribed by the board, 4 agency, or department, for a determination as to whether the 5 applicant’s criminal record will prevent the applicant from 6 receiving a license. The board, agency, or department shall 7 issue such a determination at the next regularly scheduled 8 meeting of the board, agency, or department or within thirty 9 days of receiving the petition, whichever is later. The 10 board, agency, or department shall hold a closed session 11 while determining whether an applicant’s criminal record will 12 prevent the applicant from receiving a license and while 13 determining whether to deny an applicant’s application on 14 the basis of an applicant’s criminal conviction. A board, 15 agency, or department may charge a fee to recoup the costs of 16 such a determination, provided that such fee shall not exceed 17 twenty-five dollars. 18 6. a. A licensing board, agency, or department that 19 denies an applicant a license solely or partly because of 20 the applicant’s prior conviction of a crime shall notify the 21 applicant in writing of all of the following: 22 (1) The grounds for the denial or disqualification. 23 (2) That the applicant has the right to a hearing to 24 challenge the licensing authority’s decision. 25 (3) The earliest date the applicant may submit a new 26 application. 27 (4) That evidence of rehabilitation of the applicant may be 28 considered upon reapplication. 29 b. A determination by a licensing board, agency, or 30 department that an applicant’s criminal conviction is 31 specifically listed as a disqualifying conviction and the 32 offense directly relates to the duties and responsibilities 33 of the applicant’s profession must be documented in written 34 findings for each factor specified in subsection 5 sufficient 35 -9- HF2627.4289 (1) 88 ss/rh 9/ 19
for a review by a court. 1 c. In any administrative or civil hearing authorized by 2 this section or chapter 17A, a licensing board, agency, or 3 department shall carry the burden of proof on the question of 4 whether the applicant’s criminal offense directly relates to 5 the duties and responsibilities of the profession for which the 6 license is sought. 7 7. A board, agency, or department may require an applicant 8 with a criminal record to submit the applicant’s complete 9 criminal record detailing an applicant’s offenses with an 10 application. A board, agency, or department may also require 11 an applicant with a criminal record to submit a personal 12 statement regarding whether each offense directly relates to 13 the duties and performance of the applicant’s occupation. For 14 the purposes of this subsection, “complete criminal record” 15 includes the complaint and judgment of conviction for each 16 offense of which the applicant has been convicted. 17 Sec. 30. RULEMAKING PROCEDURES AND APPLICABILITY. 18 1. The boards designated in section 147.13 other than the 19 board of medicine, the board of nursing, the dental board, and 20 the board of pharmacy, when carrying out rulemaking pursuant to 21 chapter 17A to implement the provisions of this Act, shall each 22 adopt the same rules, which shall be applicable to all such 23 boards. The bureau of professional licensure of the department 24 of public health shall assist the boards in carrying out such 25 rulemaking. 26 2. The accountancy examining board, the architectural 27 examining board, the engineering and land surveying examining 28 board, the interior design examining board, the landscape 29 architectural examining board, and the real estate commission, 30 when carrying out rulemaking pursuant to chapter 17A to 31 implement the provisions of this Act, shall each adopt the same 32 rules, which shall be applicable to all such boards and the 33 real estate commission. The professional licensing bureau of 34 the department of commerce shall assist the boards and the real 35 -10- HF2627.4289 (1) 88 ss/rh 10/ 19
estate commission in carrying out such rulemaking. 1 3. This section shall not apply to any rulemaking pursuant 2 to chapter 17A by a board or commission to implement the 3 provisions of this Act that the board or commission determines 4 is necessary to address circumstances or legal requirements 5 uniquely applicable to the board or commission. 6 Sec. 31. EFFECTIVE DATE. This division of this Act takes 7 effect January 1, 2021. 8 DIVISION II 9 MISCELLANEOUS CHANGES 10 Sec. 32. Section 22.2, Code 2020, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 2A. If feasible, the custodian of a public 13 record may provide for the electronic examination and copying 14 of a public record in lieu of requiring in-person examination 15 and copying of a public record. This subsection does not apply 16 to searches of all indexes, general and specific, of public 17 records relating to documents, instruments, and muniments of 18 title, for the purpose of performing title searches, real 19 property searches, or creating real property abstracts. 20 Sec. 33. Section 22.4, Code 2020, is amended to read as 21 follows: 22 22.4 Hours when available Public records requests . 23 The rights of persons under this chapter may be exercised 24 under any of the following circumstances: 25 1. In person, at any time during the customary office hours 26 of the lawful custodian of the records. However, if the lawful 27 custodian does not have customary office hours of at least 28 thirty hours per week, such right may be exercised at any time 29 from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m. Monday 30 through Friday, excluding legal holidays, unless the person 31 exercising such right and the lawful custodian agree on a 32 different time. 33 2. In writing, by telephone, or by electronic means. The 34 lawful custodian of the records shall post information for 35 -11- HF2627.4289 (1) 88 ss/rh 11/ 19
making such requests in a manner reasonably calculated to 1 apprise the public of that information. 2 Sec. 34. Section 80A.1, subsection 12, Code 2020, is amended 3 to read as follows: 4 12. “Private security business” means a business of 5 furnishing, for hire or reward, guards, watch personnel, 6 armored car personnel, patrol personnel, or other persons to 7 protect persons or property, to prevent the unlawful taking of 8 goods and merchandise, or to prevent the misappropriation or 9 concealment of goods, merchandise, money, securities, or other 10 valuable documents or papers, and includes an individual who 11 for hire patrols, watches, or guards a residential, industrial, 12 or business property or district. “Private security business” 13 does not include a business for debt collection as defined in 14 section 537.7102. 15 Sec. 35. Section 89A.3, subsection 2, paragraph i, Code 16 2020, is amended to read as follows: 17 i. The amount of fees charged and collected for inspection, 18 permits, and commissions. Fees shall be set at an amount 19 sufficient to cover costs as determined from consideration 20 of the reasonable time required to conduct an inspection, 21 reasonable hourly wages paid to inspectors, and reasonable 22 transportation and similar expenses. The safety board shall 23 also be authorized to consider setting reduced fees for 24 nonprofit associations and nonprofit corporations, as described 25 in chapters 501B and 504. 26 Sec. 36. Section 125.38, subsection 1, Code 2020, is amended 27 to read as follows: 28 1. Subject to reasonable rules regarding hours of 29 visitation which the department may adopt, a patient in 30 a facility shall be granted an opportunity for adequate 31 consultation with counsel, and for continuing contact with 32 family and friends consistent with an effective treatment 33 program , provided that such consultation and contact may be 34 provided telephonically or electronically . 35 -12- HF2627.4289 (1) 88 ss/rh 12/ 19
Sec. 37. Section 135B.5, subsection 1, Code 2020, is amended 1 to read as follows: 2 1. Upon receipt of an application for license and the 3 license fee, the department shall issue a license if the 4 applicant and hospital facilities comply with this chapter , 5 chapter 135 , and the rules of the department. Each licensee 6 shall receive annual reapproval upon payment of five hundred 7 dollars and upon filing of an application form which is 8 available from the department. The annual licensure fee shall 9 be dedicated to support and provide educational programs on 10 regulatory issues for hospitals licensed under this chapter in 11 consultation with the hospital licensing board . Licenses shall 12 be either general or restricted in form. Each license shall be 13 issued only for the premises and persons or governmental units 14 named in the application and is not transferable or assignable 15 except with the written approval of the department. Licenses 16 shall be posted in a conspicuous place on the licensed premises 17 as prescribed by rule of the department. 18 Sec. 38. Section 135B.7, subsection 1, paragraph a, Code 19 2020, is amended to read as follows: 20 a. The department, with the advice and approval of the 21 hospital licensing board and approval of the state board of 22 health, shall adopt rules setting out the standards for the 23 different types of hospitals to be licensed under this chapter . 24 The department shall enforce the rules. 25 Sec. 39. Section 272.2, subsection 1, paragraph a, Code 26 2020, is amended to read as follows: 27 a. License practitioners, which includes the authority to 28 establish criteria for the licenses; establish issuance and 29 renewal requirements , provided that a continuing education 30 requirement may be completed by electronic means ; create 31 application and renewal forms; create licenses that authorize 32 different instructional functions or specialties; develop a 33 code of professional rights and responsibilities, practices, 34 and ethics, which shall, among other things, address the 35 -13- HF2627.4289 (1) 88 ss/rh 13/ 19
failure of a practitioner to fulfill contractual obligations 1 under section 279.13 ; and develop any other classifications, 2 distinctions, and procedures which may be necessary to exercise 3 licensing duties. In addressing the failure of a practitioner 4 to fulfill contractual obligations, the board shall consider 5 factors beyond the practitioner’s control. 6 Sec. 40. Section 483A.24, subsection 3, paragraph a, Code 7 2020, is amended to read as follows: 8 a. Fifty of the nonresident deer hunting licenses shall 9 be allocated as requested by a majority of a committee 10 consisting of the majority leader of the senate, speaker of 11 the house of representatives, and director of the economic 12 development authority, or their designees determined by the 13 department . The licenses provided pursuant to this subsection 14 shall be in addition to the number of nonresident licenses 15 authorized pursuant to section 483A.8 . The purpose of the 16 special nonresident licenses is to allow state officials and 17 local development groups to promote the state and its natural 18 resources to nonresident guests and dignitaries. Photographs, 19 videotapes, or any other form of media resulting from the 20 hunting visitation shall not be used for political campaign 21 purposes. The nonresident licenses shall be issued without 22 application upon purchase of a nonresident annual hunting 23 license that includes the wildlife habitat fee and the purchase 24 of a nonresident deer hunting license. The licenses are valid 25 in all zones open to deer hunting. The hunter education 26 certificate requirement pursuant to section 483A.27 is waived 27 for a nonresident issued a license pursuant to this subsection . 28 Sec. 41. Section 483A.24, subsection 4, paragraph a, Code 29 2020, is amended to read as follows: 30 a. Fifty of the nonresident wild turkey hunting licenses 31 shall be allocated as requested by a majority of a committee 32 consisting of the majority leader of the senate, speaker of 33 the house of representatives, and director of the economic 34 development authority, or their designees determined by the 35 -14- HF2627.4289 (1) 88 ss/rh 14/ 19
department . The licenses provided pursuant to this subsection 1 shall be in addition to the number of nonresident licenses 2 authorized pursuant to section 483A.7 . The purpose of the 3 special nonresident licenses is to allow state officials and 4 local development groups to promote the state and its natural 5 resources to nonresident guests and dignitaries. Photographs, 6 videotapes, or any other form of media resulting from the 7 hunting visitation shall not be used for political campaign 8 purposes. The nonresident licenses shall be issued without 9 application upon purchase of a nonresident annual hunting 10 license that includes the wildlife habitat fee and the purchase 11 of a nonresident wild turkey hunting license. The licenses are 12 valid in all zones open to wild turkey hunting. The hunter 13 education certificate requirement pursuant to section 483A.27 14 is waived for a nonresident issued a license pursuant to this 15 subsection . 16 Sec. 42. Section 543D.9, Code 2020, is amended to read as 17 follows: 18 543D.9 Education and experience requirement. 19 The board shall determine what real estate appraisal or 20 real estate appraisal review experience and what education 21 shall be required to provide appropriate assurance that 22 an applicant for certification is competent to perform the 23 certified appraisal work which is within the scope of practice 24 defined by the board. All experience required for initial 25 certification shall be performed as a registered associate 26 real estate appraiser acting under the direct supervision of 27 a certified real estate appraiser who meets the supervisory 28 requirements established by applicable federal authorities or 29 federal law, rule, or policy in effect at the time the hours 30 of experience are claimed , except as the board may provide by 31 rule. Subject to requirements or limitations established by 32 applicable federal authorities or federal law, rule, or policy, 33 hours qualifying for experience in a bordering state will 34 be considered qualifying hours for experience in this state 35 -15- HF2627.4289 (1) 88 ss/rh 15/ 19
without requiring a waiver or authorization from the board in 1 accordance with rules and standards adopted by the board, as 2 long as a majority of qualifying hours are completed in this 3 state. Qualifying hours completed in a bordering state shall 4 be under the direct supervision of a certified real estate 5 appraiser with active certification in that bordering state. 6 The board shall prescribe a required minimum number of tested 7 hours of education relating to the provisions of this chapter , 8 the uniform appraisal standards, and other rules issued in 9 accordance with this chapter . 10 Sec. 43. Section 544A.8, Code 2020, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 5. A person applying to the board for 13 licensure who has passed a module of the architect registration 14 examination but failed to pass the exam shall not be required 15 to retake the module that the applicant previously passed in 16 subsequent examinations. 17 Sec. 44. REPEAL. Chapter 9D, Code 2020, is repealed. 18 Sec. 45. REPEAL. Sections 135B.10 and 135B.11, Code 2020, 19 are repealed. 20 Sec. 46. 2018 Iowa Acts, chapter 1142, section 8, as amended 21 by 2019 Iowa Acts, chapter 85, section 118, is amended to read 22 as follows: 23 SEC. 8. FUTURE REPEAL. Section 155A.44 , Code 2018, is 24 repealed effective July 1, 2020 2021 . 25 Sec. 47. CONTINUING EDUCATION REQUIREMENTS. The boards 26 designated in section 147.13 shall require licensees required 27 to complete continuing education credits prior to the renewal 28 of a license set to expire in 2020 to complete such continuing 29 education credits by June 30, 2021. A license set to expire in 30 2020 shall not expire until June 30, 2021. 31 Sec. 48. CONTINUING EDUCATION —— ELECTRONIC MEANS. For the 32 period beginning on the effective date of this Act through June 33 30, 2021, notwithstanding any provision of law to the contrary, 34 each licensing board, as defined in section 272C.1, shall allow 35 -16- HF2627.4289 (1) 88 ss/rh 16/ 19
licensees to satisfy continuing education requirements by 1 electronic means. 2 Sec. 49. TELEHEALTH SERVICES —— TEMPORARY PROVISIONS. 3 1. For the period beginning on the effective date of this 4 Act through June 30, 2021, notwithstanding section 514C.34, 5 subsection 1, paragraph “c”, the definition of “telehealth” 6 shall include the delivery of health care services through 7 an audio-only telephone transmission. The commissioner of 8 insurance shall ensure that any health carrier, as defined in 9 section 514J.102, shall reimburse a health care professional, 10 as defined in section 514J.102, for medically necessary, 11 clinically appropriate covered services for telehealth services 12 provided to a covered person, as defined in section 514J.102, 13 on the same basis and at the same rate as the health carrier 14 would apply to the same health care services provided to a 15 covered person by the health care professional in person. 16 2. For the period beginning on the effective date of this 17 Act through June 30, 2021, notwithstanding section 147.137, 653 18 IAC 13.11, 641 IAC 155.2, and other implementing administrative 19 rules establishing preconditions, limitations, or restrictions 20 on the provision of telehealth or telemedicine services, 21 telehealth and telemedicine services may be provided without 22 such preconditions, limitations, or restrictions. 23 3. For the period beginning on the effective date of this 24 Act through June 30, 2021, notwithstanding 641 IAC 155.21(19), 25 641 IAC 155.23(4), and other administrative rules which require 26 in-person interactions with health care providers and allow 27 in-person visitation in inpatient treatment programs, such 28 interactions and visitations may occur by electronic means. 29 Sec. 50. TELEHEALTH SERVICES —— REPORTS. 30 1. The three largest private health care systems in 31 the state, the university of Iowa health care system, and 32 associations representing carriers and health care providers, 33 as defined in section 514C.13, shall, by March 15, 2021, submit 34 reports to the general assembly that include the following 35 -17- HF2627.4289 (1) 88 ss/rh 17/ 19
data: 1 a. The overhead and administrative cost savings for 2 telehealth services as compared to in-person health care 3 services, specified by covered service. 4 b. Investments made in telehealth services. 5 c. The number of telehealth services that are followed by 6 in-person health care visits. 7 d. The rate of potentially preventable events for 8 individuals utilizing in-person health care services as 9 compared to telehealth services, including but not limited 10 to hospital admissions, hospital readmissions, and hospital 11 emergency department use. 12 e. The rate of medication adherence for individuals 13 utilizing in-person health care services as compared to 14 telehealth services. 15 f. The utilization of telehealth services as compared 16 to in-person health care services, specified by both the 17 percentage of dollars spent and claims. 18 g. Any incidences of fraud, waste, or abuse identified by 19 the carrier. 20 2. Each report under subsection 1 shall present data 21 separately based on whether the patient received telehealth 22 services in a health care facility or in another location. 23 If available, each report shall also include information on 24 whether a patient is a resident of a rural area of Iowa. 25 Sec. 51. SCHOOL PHYSICALS —— TEMPORARY PROVISIONS. For 26 the period beginning on the effective date of this Act through 27 December 31, 2020, a student participating in interscholastic 28 athletics who presents to the student’s superintendent a 29 certificate signed on or after July 1, 2019, by a licensed 30 physician or surgeon, osteopathic physician or surgeon, 31 chiropractor, physician assistant, or advanced registered nurse 32 practitioner, to the effect that the student has been examined 33 and may safely engage in athletic competition, shall be deemed 34 to have complied with the regulatory provisions of 281 IAC 35 -18- HF2627.4289 (1) 88 ss/rh 18/ 19
36.14(1). 1 Sec. 52. SHAREHOLDER MEETINGS —— TEMPORARY PROVISIONS. For 2 the period beginning on the effective date of this Act 3 through December 31, 2020, notwithstanding the provisions of 4 chapters 490, 491, 499, and 501A requiring an in-person meeting 5 of shareholders, policyholders, or members, an in-person 6 meeting of shareholders, policyholders, or members shall 7 not be required if the meeting is held by means of remote 8 communication and provides shareholders, policyholders, or 9 members a reasonable opportunity to participate in the meeting 10 and to vote on matters submitted for action at such meeting, 11 including an opportunity to communicate and to read or hear the 12 proceedings of the meeting, substantially concurrent with the 13 occurrence of such meeting. 14 Sec. 53. EFFECTIVE DATE. This division of this Act, being 15 deemed of immediate importance, takes effect upon enactment. > 16 2. Title page, by striking lines 1 through 6 and inserting 17 < An Act relating to governmental and regulatory matters 18 including the granting and renewal of licenses, certificates, 19 and registrations, and including effective date provisions. > 20 ______________________________ LUNDGREN of Dubuque -19- HF2627.4289 (1) 88 ss/rh 19/ 19 #2.