HSB 138 (LSB 1681XL (10) 87)

SENATE/HOUSE FILE _____

BY  (PROPOSED GOVERNOR BILL)

A BILL FOR

An Act relating to certain state regulations, including certificate of need requirements, the practice of certain professions, and the oversight of state preserves, and including effective date and transition provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
CERTIFICATE OF NEED REQUIREMENT —— HOSPITALS

    Section 1.  Section 135.61, subsection 14, paragraph a, Code 2017, is amended by striking the paragraph.
    Sec. 2.  Section 135.61, subsection 18, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  n.  The addition of swing-beds by a hospital resulting in a swing-bed capacity of twenty-five or more swing beds, or the addition of nursing facility beds or skilled nursing facility beds by a hospital.
    Sec. 3.  Section 135.61, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  21A.  “Proposed institutional health service” or “institutional health service proposed” includes an institutional health service and the new institutional health service or changed institutional health service specified in subsection 18, paragraph “n”.
    Sec. 4.  Section 135.63, subsection 2, paragraph g, subparagraph (1), subparagraph division (a), Code 2017, is amended to read as follows:
   (a)  The institutional health facility reports to the department the number and type of beds reduced on a form prescribed by the department at least thirty days before the reduction. In the case of a health care facility, the new bed total must be consistent with the number of licensed beds at the facility. In the case of a hospital, the number of beds must be consistent with bed totals reported to the department of inspections and appeals for purposes of licensure and certification.
    Sec. 5.  Section 135.63, subsection 2, paragraphs k and n, Code 2017, are amended by striking the paragraphs.
    Sec. 6.  Section 135.63, subsection 2, paragraphs l and m, Code 2017, are amended to read as follows:
   l.  The replacement or modernization of any institutional health facility if the replacement or modernization does not add new health services or additional bed capacity for existing health services, notwithstanding any provision in this division to the contrary. With respect to a nursing facility, “replacement” means establishing a new facility within the same county as the prior facility to be closed. With reference to a hospital, “replacement” means establishing a new hospital that demonstrates compliance with all of the following criteria through evidence submitted to the department:
   (1)  Is designated as a critical access hospital pursuant to 42 U.S.C. §1395i-4.
   (2)  Serves at least seventy-five percent of the same service area that was served by the prior hospital to be closed and replaced by the new hospital.
   (3)  Provides at least seventy-five percent of the same services that were provided by the prior hospital to be closed and replaced by the new hospital.
   (4)  Is staffed by at least seventy-five percent of the same staff, including medical staff, contracted staff, and employees, as constituted the staff of the prior hospital to be closed and replaced by the new hospital.
   m.  Hemodialysis services provided by a hospital or freestanding facility, notwithstanding any provision in this division to the contrary.
    Sec. 7.  Section 135.63, subsection 2, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  q.  A facility that provides services to a person with a primary diagnosis of mental illness as defined in section 229.1.
    Sec. 8.  Section 135P.1, subsection 3, Code 2017, is amended to read as follows:
   3.  “Health facility” means an institutional health facility as defined in section 135.61, hospital as defined in section 135B.1, hospice licensed under chapter 135J, home health agency as defined in section 144D.1, assisted living program certified under chapter 231C, clinic, or community health center, and includes any corporation, professional corporation, partnership, limited liability company, limited liability partnership, or other entity comprised of such health facilities.
    Sec. 9.  EFFECTIVE DATES.
   1.  Except as provided in subsection 2, this division of this Act takes effect July 1, 2019. 
   2.  The section of this division of this Act enacting section 135.63, subsection 2, paragraph “q”, takes effect upon enactment.
DIVISION II
REPEALS OF CERTAIN BOARDS AND CONFORMING AMENDMENTS

    Sec. 10.  Section 10A.104, subsection 15, Code 2017, is amended to read as follows:
   15.  Administer inspections of cosmetology salons under section 157.7 and barbershops under section 158.6.
    Sec. 11.  Section 85B.9, subsections 2 and 4, Code 2017, are amended to read as follows:
   2.  Audiometric examinations shall be administered by persons who are certified by the council for accreditation in occupational hearing conservation or by persons licensed registered as audiologists under chapter 154F, or licensed as physicians or osteopathic physicians and surgeons under chapter 148, provided the registered and licensed persons are trained in audiometry.
   4.  a.  The assessment of the proportion of the total binaural percentage hearing loss that is due to occupational noise exposure shall be made by the employer’s regular or consulting physician or licensed registered audiologist who is trained and has had experience with such assessment. If several audiometric examinations are available for assessment, the physician or audiologist shall determine which examinations shall be used in the final assessment of occupational hearing loss.
   b.  If the employee disputes the assessment, the employee may select a physician or licensed registered audiologist similarly trained and experienced to give an assessment of the audiometric examinations.
    Sec. 12.  Section 135.11, subsection 7, Code 2017, is amended to read as follows:
   7.  Exercise sole jurisdiction over the disposal and transportation of the dead bodies of human beings and prescribe the methods to be used in preparing such bodies for disposal and transportation. However, the department may approve a request for an exception to the application of specific embalming and disposition rules adopted pursuant to this subsection if such rules would otherwise conflict with tenets and practices of a recognized religious denomination to which the deceased individual adhered or of which denomination the deceased individual was a member. The department shall inform the board of mortuary science of any such approved exception which may affect services provided by a funeral director licensed pursuant to chapter 156.
    Sec. 13.  Section 135.24, subsection 2, paragraphs a and d, Code 2017, are amended to read as follows:
   a.  Procedures for registration of health care providers deemed qualified by the board of medicine, the board of physician assistants, the dental board, the board of nursing, the board of chiropractic, the board of psychology, the board of social work, the board of behavioral science, the board of pharmacy, the board of optometry, the board of podiatry, the board of physical and occupational therapy, the board of respiratory care and polysomnography, and the Iowa department of public health, as applicable.
   d.  Identification of the services to be provided under the program. The services provided may include but shall not be limited to obstetrical and gynecological medical services, psychiatric services provided by a physician licensed under chapter 148, dental services provided under chapter 153, or other services provided under chapter 147A, 148A, 148B, 148C, 149, 151, 152, 152B, 152E, 154, 154B, 154C, 154D, 154F, or 155A.
    Sec. 14.  Section 135.24, subsection 7, paragraph d, Code 2017, is amended to read as follows:
   d.  “Health care provider” means a physician licensed under chapter 148, a chiropractor licensed under chapter 151, a physical therapist licensed pursuant to chapter 148A, an occupational therapist licensed pursuant to chapter 148B, a podiatrist licensed pursuant to chapter 149, a physician assistant licensed and practicing under a supervising physician pursuant to chapter 148C, a licensed practical nurse, a registered nurse, or an advanced registered nurse practitioner licensed pursuant to chapter 152 or 152E, a respiratory therapist licensed pursuant to chapter 152B, a dentist, dental hygienist, or dental assistant registered or licensed to practice under chapter 153, an optometrist licensed pursuant to chapter 154, a psychologist licensed pursuant to chapter 154B, a social worker licensed registered pursuant to chapter 154C, a mental health counselor or a marital and family therapist licensed registered pursuant to chapter 154D, a speech pathologist or audiologist licensed registered pursuant to chapter 154F, a pharmacist licensed pursuant to chapter 155A, or an emergency medical care provider certified pursuant to chapter 147A.
    Sec. 15.  Section 135.61, subsection 10, Code 2017, is amended to read as follows:
   10.  “Health care provider” means a person licensed, registered, or certified under chapter 147, 148, 148A, 148C, 149, 151, 152, 153, 154, 154B, 154F, or 155A to provide in this state professional health care service to an individual during that individual’s medical care, treatment, or confinement.
    Sec. 16.  Section 135.131, subsection 4, Code 2017, is amended to read as follows:
   4.  A birth center shall refer the newborn to a licensed registered audiologist, physician, or hospital for screening for hearing loss prior to discharge of the newborn from the birth center. The hearing screening shall be completed within thirty days following discharge of the newborn. The person completing the hearing screening shall report the results of the screening to the parent or guardian of the newborn and to the department in a manner prescribed by rule of the department. Such person shall also report the results of the screening to the primary care provider of the newborn.
    Sec. 17.  Section 135L.3, subsection 3, paragraphs b and j, Code 2017, are amended to read as follows:
   b.  The pregnant minor may participate in the court proceedings on the pregnant minor’s own behalf. The court may appoint a guardian ad litem for the pregnant minor and the court shall appoint a guardian ad litem for the pregnant minor if the pregnant minor is not accompanied by a responsible adult or if the pregnant minor has not viewed the video as provided pursuant to section 135L.2. In appointing a guardian ad litem for the pregnant minor, the court shall consider a person licensed to practice psychology pursuant to chapter 154B, a licensed registered social worker pursuant to chapter 154C, a licensed registered marital and family therapist pursuant to chapter 154D, or a licensed registered mental health counselor pursuant to chapter 154D to serve in the capacity of guardian ad litem. The court shall advise the pregnant minor of the pregnant minor’s right to court-appointed legal counsel, and shall, upon the pregnant minor’s request, provide the pregnant minor with court-appointed legal counsel, at no cost to the pregnant minor.
   j.  If the court denies the petition for waiver of notification and if the decision is not appealed or all appeals are exhausted, the court shall advise the pregnant minor that, upon the request of the pregnant minor, the court will appoint a licensed registered marital and family therapist to assist the pregnant minor in addressing any intrafamilial problems. All costs of services provided by a court-appointed licensed registered marital and family therapist shall be paid by the court through the expenditure of funds appropriated to the judicial branch.
    Sec. 18.  Section 144C.3, subsection 5, Code 2017, is amended to read as follows:
   5.  This section shall not be construed to permit a person who is not licensed registered pursuant to chapter 156 to make funeral arrangements.
    Sec. 19.  Section 144C.11, Code 2017, is amended to read as follows:
   144C.11  Practice of mortuary science.
   This chapter shall not be construed to authorize the unlicensed unregistered practice of mortuary science as provided in chapter 156.
    Sec. 20.  Section 147.1, subsections 3 and 6, Code 2017, are amended to read as follows:
   3.  “Licensed” or “certified”, when applied to a physician and surgeon, podiatric physician, osteopathic physician and surgeon, physician assistant, psychologist, chiropractor, nurse, dentist, dental hygienist, dental assistant, optometrist, speech pathologist, audiologist, pharmacist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, orthotist, prosthetist, pedorthist, respiratory care practitioner, practitioner of cosmetology arts and sciences, practitioner of barbering, funeral director, dietitian, marital and family therapist, mental health counselor, respiratory care and polysomnography practitioner, polysomnographic technologist, social worker, massage therapist, athletic trainer, acupuncturist, nursing home administrator, hearing aid specialist, or sign language interpreter or transliterator means a person licensed under this subtitle.
   6.  “Profession” means medicine and surgery, podiatry, osteopathic medicine and surgery, practice as a physician assistant, psychology, chiropractic, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, pharmacy, physical therapy, physical therapist assisting, occupational therapy, occupational therapy assisting, respiratory care, cosmetology arts and sciences, barbering, mortuary science, marital and family therapy, mental health counseling, polysomnography, social work, dietetics, massage therapy, athletic training, acupuncture, nursing home administration, practice as a hearing aid specialist, or sign language interpreting or transliterating, orthotics, prosthetics, or pedorthics.
    Sec. 21.  Section 147.2, subsection 1, Code 2017, is amended to read as follows:
   1.  A person shall not engage in the practice of medicine and surgery, podiatry, osteopathic medicine and surgery, psychology, chiropractic, physical therapy, physical therapist assisting, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, occupational therapy, occupational therapy assisting, orthotics, prosthetics, pedorthics, respiratory care, pharmacy, cosmetology arts and sciences, barbering, social work, dietetics, marital and family therapy or mental health counseling, massage therapy, mortuary science, polysomnography, athletic training, acupuncture, nursing home administration, or sign language interpreting or transliterating, or shall not practice as a physician assistant or a hearing aid specialist, unless the person has obtained a license for that purpose from the board for the profession.
    Sec. 22.  Section 147.13, subsections 10, 12, 14, 15, 16, 17, 18, 19, 20, 22, and 24, Code 2017, are amended by striking the subsections.
    Sec. 23.  Section 147.14, subsection 1, paragraphs a, i, k, m, o, p, q, r, t, and v, Code 2017, are amended by striking the paragraphs.
    Sec. 24.  Section 147.14, subsection 1, paragraph s, Code 2017, is amended to read as follows:
   s.  For podiatry, five members licensed to practice podiatry, two members licensed to practice orthotics, prosthetics, or pedorthics, and two members who are not so licensed to practice podiatry and who shall represent the general public.
    Sec. 25.  Section 147.74, subsections 11, 12, 13, 14, 17, 19, 20, 23, and 24, Code 2017, are amended by striking the subsections.
    Sec. 26.  Section 147.76, Code 2017, is amended to read as follows:
   147.76  Rules.
   The boards for the various professions shall adopt all necessary and proper rules to administer and interpret this chapter and chapters 148 through 158, except chapter 148D 152, 152E, 153, 154, 154B, 154E, 154F, 155, 155A, and 157.
    Sec. 27.  Section 148A.3, subsection 1, Code 2017, is amended to read as follows:
   1.  Licensed physicians and surgeons, osteopathic physicians and surgeons, podiatric physicians, chiropractors, nurses, dentists, and cosmetologists, and barbers, who are engaged in the practice of their respective professions.
    Sec. 28.  Section 152.1, subsection 6, paragraph c, Code 2017, is amended to read as follows:
   c.  The performance of services by unlicensed or unregistered workers employed in offices, hospitals, or health care facilities, as defined in section 135C.1, under the supervision of a physician or a nurse licensed under this chapter, or employed in the office of a psychologist, podiatric physician, optometrist, chiropractor, speech pathologist, audiologist, or physical therapist licensed or registered to practice in this state, and when acting while within the scope of the employer’s license.
    Sec. 29.  Section 152A.1, Code 2017, is amended to read as follows:
   152A.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Board” “Department” means the board of dietetics department of public health created under chapter 147 135.
   2.  “Licensed dietitian” or “dietitian” “Dietitian” means a person who holds a valid license registers with the department to practice dietetics pursuant to this chapter.
    Sec. 30.  Section 152A.2, Code 2017, is amended by striking the section and inserting in lieu thereof the following:
   152A.2  Dietitian registration.
   A person shall register with the department in order to provide services as a dietitian. 
    Sec. 31.  Section 153.13, subsection 3, Code 2017, is amended by striking the subsection.
    Sec. 32.  Section 154C.1, subsection 1, Code 2017, is amended by striking the subsection and inserting in lieu thereof the following:
   1.  “Department” means the department of public health established in chapter 135. 
    Sec. 33.  Section 154C.1, subsection 2, Code 2017, is amended by striking the subsection.
    Sec. 34.  Section 154C.1, subsection 3, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   “Practice of social work” means the professional activity of licensees persons registered under this chapter which is directed at enhancing or restoring people’s capacity for social functioning, whether impaired by environmental, emotional, or physical factors, with particular attention to the person-in-situation configuration. The social work profession represents a body of knowledge requiring progressively more sophisticated analytic and intervention skills, and includes the application of psychosocial theory methods to individuals, couples, families, groups, and communities. The practice of social work does not include the making of a medical diagnosis, or the treatment of conditions or disorders of biological etiology except treatment of conditions or disorders which involve psychosocial aspects and conditions. The practice of social work for each of the categories of social work licensure includes the following:
    Sec. 35.  NEW SECTION.  154C.1A  Social work registration.
   A person shall register with the department in order to engage in the practice of social work.
    Sec. 36.  Section 154C.7, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   This chapter and chapter 147 do not prevent qualified members of other professions including, but not limited to, nurses, psychologists, marital and family therapists, mental health counselors, physicians, physician assistants, attorneys at law, or members of the clergy, from providing or advertising that they provide services of a social work nature consistent with the accepted standards of their respective professions, provided that these persons do not use a title or description indicating or implying that they are licensed registered to practice social work under this chapter or that they are practicing social work as defined in this chapter.
    Sec. 37.  Section 154D.1, subsection 1, Code 2017, is amended by striking the subsection and inserting in lieu thereof the following:
   1.  “Department” means the department of public health established in chapter 135.
    Sec. 38.  Section 154D.1, subsections 2 and 3, Code 2017, are amended to read as follows:
   2.  “Licensed “Registered marital and family therapist” means a person licensed registered to practice marital and family therapy under chapter 147 and this chapter.
   3.  “Licensed “Registered mental health counselor” means a person licensed registered to practice mental health counseling under chapter 147 and this chapter.
    Sec. 39.  Section 154D.1, subsections 4, 7, 8, and 9, Code 2017, are amended by striking the subsections.
    Sec. 40.  NEW SECTION.  154D.1A  Behavioral science registration.
   A person shall register with the department in order to provide services as a registered marital and family therapist or a registered mental health counselor. 
    Sec. 41.  Section 154D.4, Code 2017, is amended to read as follows:
   154D.4  Exemptions.
   1.  This chapter and chapter 147 do not prevent qualified members of other professions, including but not limited to nurses, psychologists, social workers, physicians, physician assistants, attorneys at law, or members of the clergy, from providing or advertising that they provide services of a marital and family therapy or mental health counseling nature consistent with the accepted standards of their respective professions, but these persons shall not use a title or description denoting that they are licensed registered marital and family therapists or licensed registered mental health counselors.
   2.  The licensure registration requirements of this chapter and chapter 147 do not apply to the following:
   a.  Students whose activities are conducted within a course of professional education in marital and family therapy or mental health counseling.
   b.  A person who practices marital and family therapy or mental health counseling under the supervision of a person licensed registered under this chapter as part of a clinical experience as described in section 154D.2, subsection 2.
   c.  The provision of children, family, or mental health services through the department of human services or juvenile court, or agencies contracting with the department of human services or juvenile court, by persons who do not represent themselves to be either a marital and family therapist or a mental health counselor.
    Sec. 42.  Section 154F.1, subsection 2, Code 2017, is amended to read as follows:
   2.  “Board” means the board of speech pathology and audiology medicine established pursuant to section 147.14, subsection 1, paragraph “i” chapter 147.
    Sec. 43.  Section 154F.2, subsection 1, paragraph b, Code 2017, is amended by striking the paragraph.
    Sec. 44.  Section 154F.2, subsection 1, paragraph c, Code 2017, is amended to read as follows:
   c.  Students enrolled in an accredited college or university pursuing a course of study leading to a degree in speech pathology or audiology while receiving clinical training as a part of the course of study and acting under the supervision of a licensed registered speech pathologist or audiologist provided they use the title “trainee” or similar title clearly indicating training status.
    Sec. 45.  Section 154F.2, subsection 2, Code 2017, is amended to read as follows:
   2.  A person exempted from the provisions of this chapter by this section shall not use the title “speech pathologist” or “audiologist” or any title or device indicating or representing in any manner that the person is a speech pathologist or is an audiologist; provided, a hearing aid specialist licensed under chapter 154A may use the title “certified hearing aid audiologist” when granted by the national hearing aid society; and provided, persons who meet the requirements of section 154F.3, subsection 1, who are certified by the department of education as speech clinicians may use the title “speech pathologist” and persons who meet the requirements of section 154F.3, subsection 2, who are certified by the department of education as hearing clinicians may use the title “audiologist”, while acting within the scope of their employment.
    Sec. 46.  NEW SECTION.  154F.2A  Speech pathology and audiology registration.
   A person shall register with the board in order to provide services as an audiologist or speech pathologist.
    Sec. 47.  Section 156.1, subsections 1 and 6, Code 2017, are amended by striking the subsections.
    Sec. 48.  Section 156.1, subsections 3, 4, and 5, Code 2017, are amended to read as follows:
   3.  “Cremation establishment” means a place of business as defined by the board which provides any aspect of cremation services.
   4.  “Funeral director” means a person licensed by registered with the board department to practice mortuary science.
   5.  “Funeral establishment” means a place of business as defined by the board devoted to providing any aspect of mortuary science.
    Sec. 49.  Section 156.1, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  “Department” means the department of public health established in chapter 135.
    Sec. 50.  Section 156.4, Code 2017, is amended to read as follows:
   156.4  Funeral directors.
   1.  The practice of a funeral director must be conducted from a funeral establishment licensed by the board. The board may specify criteria for exceptions to the requirement of this subsection in rules.
   2.  A person shall not engage in the practice of mortuary science or establish, conduct, or maintain a funeral establishment or a cremation establishment unless licensed registered with the department.
   3.  Applications for the examination for a funeral director’s license shall be verified on a form furnished by the board.
   4.  Applicants shall pass an examination prescribed by the board, which shall include the subjects of funeral directing, burial or other disposition of dead human bodies, sanitary science, embalming, restorative art, anatomy, public health, transportation, business ethics, and such other subjects as the board may designate.
   5.  After the applicant has completed satisfactorily the course of instruction in mortuary science in an accredited school approved by the board, the applicant must pass the examination prescribed by the board as provided in section 147.34. The applicant may then receive an internship certificate and shall then complete a minimum one-year internship as determined by the board.
    Sec. 51.  Section 157.2, subsection 1, paragraph b, Code 2017, is amended by striking the paragraph.
    Sec. 52.  Section 157.2, subsection 1, paragraph h, Code 2017, is amended to read as follows:
   h.  Employees of a licensed barbershop when manicuring fingernails, if permitted under section 158.14, subsection 2.
    Sec. 53.  Section 157.7, Code 2017, is amended to read as follows:
   157.7  Inspectors and clerical assistants.
   The department of inspections and appeals shall employ personnel pursuant to chapter 8A, subchapter IV, to perform duties related to inspection functions under this chapter. The department of inspections and appeals shall, when possible, integrate inspection efforts under this chapter with inspections conducted under chapter 158.
   The Iowa department of public health may employ clerical assistants pursuant to chapter 8A, subchapter IV, to administer and enforce this chapter. The costs and expenses of the clerical assistants shall be paid from funds appropriated to the department of public health.
    Sec. 54.  Section 157.8, subsection 2, paragraph c, Code 2017, is amended to read as follows:
   c.  A license for a school of cosmetology arts and sciences shall not be issued for any space in any location where the same space is also licensed as a barber school.
    Sec. 55.  Section 157.9, Code 2017, is amended to read as follows:
   157.9  License suspension and revocation.
   Any license issued by the department under the provisions of this chapter may be suspended, revoked, or renewal denied by the board for violation of any provision of this chapter or chapter 158 or rules promulgated by the board under the provisions of chapter 17A.
    Sec. 56.  Section 157.10, subsection 3, Code 2017, is amended to read as follows:
   3.  A barber licensed under chapter 158 or a student in a barber school who applies for licensure in a practice of cosmetology arts and sciences or who enrolls in a school of cosmetology arts and sciences shall be granted, at the discretion of the school, at least half credit and up to full credit for each course successfully completed for licensure as a barber in barbering which meets the requirements for licensure in a practice of cosmetology arts and sciences.
    Sec. 57.  Section 157.12, Code 2017, is amended to read as follows:
   157.12  Supervisors.
   A person who directly supervises the work of practitioners of cosmetology arts and sciences shall be licensed in the practice supervised or a barber licensed under section 158.3.
    Sec. 58.  Section 157.13, subsection 1, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   It is unlawful for a person to employ an individual to practice cosmetology arts and sciences unless that individual is licensed or has obtained a temporary permit under this chapter. It is unlawful for a licensee to practice with or without compensation in any place other than a licensed salon, or a licensed school of cosmetology arts and sciences, or a licensed barbershop as defined in section 158.1. The following exceptions to this subsection shall apply:
    Sec. 59.  Section 157.13, subsection 1, paragraph a, Code 2017, is amended to read as follows:
   a.  A licensee may practice at a location which is not a licensed salon, or school of cosmetology arts and sciences, or licensed barbershop under extenuating circumstances arising from physical or mental disability or death of a customer.
    Sec. 60.  Section 157.13, subsection 2, Code 2017, is amended to read as follows:
   2.  It is unlawful for a licensee to claim to be a licensed barber, however a licensed cosmetologist may work in a licensed barbershop. It is unlawful for a person to employ a licensed cosmetologist, esthetician, or electrologist to perform the services described in section 157.3A if the licensee has not received the additional training and met the other requirements specified in section 157.3A.
    Sec. 61.  Section 216E.7, Code 2017, is amended to read as follows:
   216E.7  Exemptions.
   This chapter does not apply to a hearing aid sold, leased, or transferred to a consumer by an audiologist licensed registered under chapter 154F, or a hearing aid specialist licensed under chapter 154A, if the audiologist or specialist provides either an express warranty for the hearing aid or provides for service and replacement of the hearing aid.
    Sec. 62.  Section 249A.15A, Code 2017, is amended to read as follows:
   249A.15A  Licensed Registered marital and family therapists, licensed master registered social workers, licensed registered mental health counselors, and certified alcohol and drug counselors.
   1.  The department shall adopt rules pursuant to chapter 17A entitling marital and family therapists who are licensed registered pursuant to chapter 154D to payment for behavioral health services provided to recipients of medical assistance, subject to limitations and exclusions the department finds necessary on the basis of federal laws and regulations.
   2.  The department shall adopt rules pursuant to chapter 17A entitling master social workers who hold a master’s degree approved by the board of social work, are licensed as a master social worker registered pursuant to section 154C.3, subsection 1, paragraph “b”, 154C.1A and provide treatment services under the supervision of an independent social worker licensed pursuant to section 154C.3, subsection 1, paragraph “c”, to payment for behavioral health services provided to recipients of medical assistance, subject to limitations and exclusions the department finds necessary on the basis of federal laws and regulations.
   3.  The department shall adopt rules pursuant to chapter 17A entitling mental health counselors who are licensed registered pursuant to chapter 154D to payment for behavioral health services provided to recipients of medical assistance, subject to limitations and exclusions the department finds necessary on the basis of federal laws and regulations.
   4.  The department shall adopt rules pursuant to chapter 17A entitling alcohol and drug counselors who are certified by the nongovernmental Iowa board of substance abuse certification to payment for behavioral health services provided to recipients of medical assistance, subject to limitations and exclusions the department finds necessary on the basis of federal laws and regulations.
    Sec. 63.  Section 249A.15B, Code 2017, is amended to read as follows:
   249A.15B  Speech pathologists eligible for payment.
   The department shall adopt rules pursuant to chapter 17A entitling speech pathologists who are licensed registered pursuant to chapter 154F, including those certified in independent practice, to payment for speech pathology services provided to recipients of medical assistance, subject to limitations and exclusions the department finds necessary on the basis of federal laws and regulations.
    Sec. 64.  Section 261.61, subsections 2, 5, and 9, Code 2017, are amended to read as follows:
   2.  All classes identified by the barber school or school of cosmetology arts and sciences as required for completion of a course of study required for practice as a barber or for licensure as provided in section 158.8 or required for licensure as provided in section 157.10, shall be considered a part of the student’s barber or cosmetology course of study for the purpose of determining the student’s eligibility for a grant. Notwithstanding subsection 3, if a student is making satisfactory academic progress but the student cannot complete the course of study in the time frame allowed for a student to receive a barber and cosmetology arts and sciences tuition grant as provided in subsection 3 because additional classes are required to complete the course of study, the student may continue to receive a barber and cosmetology arts and sciences tuition grant for not more than one additional enrollment period.
   5.  A barber and cosmetology arts and sciences tuition grant shall be awarded on an annual basis, requiring reapplication by the student for each year. Payments under the grant shall be allocated equally among the semesters or quarters of the year upon certification by the institution that the student is in full-time or part-time attendance in a course of study at a licensed barber school or licensed school of cosmetology arts and sciences. If the student discontinues attendance before the end of any term after receiving payment of the grant, the entire amount of any refund due that student, up to the amount of any payments made under the annual grant, shall be paid by the institution to the state.
   9.  For purposes of this section, “eligible school” means a barber school licensed under section 158.7 or a school of cosmetology arts and sciences licensed under chapter 157. An eligible school shall be accredited by a national accrediting agency recognized by the United States department of education and shall meet the criteria in section 261.9, subsection 1, paragraphs “d” through “g”. An eligible school shall report promptly to the commission any information requested.
    Sec. 65.  Section 261.61, subsection 7, paragraph a, Code 2017, is amended to read as follows:
   a.  Provide application forms for distribution to students by Iowa high schools, licensed barber schools and licensed schools of cosmetology arts and sciences, and community colleges.
    Sec. 66.  Section 261B.11, subsection 1, paragraph i, Code 2017, is amended to read as follows:
   i.  Postsecondary educational institutions licensed by the state of Iowa under section 157.8 or 158.7 to operate as schools of cosmetology arts and sciences or as barber schools in the state.
    Sec. 67.  Section 261B.11, subsection 1, paragraph m, Code 2017, is amended by striking the paragraph.
    Sec. 68.  Section 272.1, Code 2017, is amended by adding the following new subsections:
   NEW SUBSECTION.  1A.  “Athletic trainer” means a person registered under this chapter to practice athletic training under the direction of a licensed physician.
   NEW SUBSECTION.  1B.  “Athletic training” means the practice of prevention, recognition, assessment, physical evaluation, management, treatment, disposition, and physical reconditioning of athletic injuries that are within the professional preparation and education of a registered athletic trainer and under the direction of a licensed physician. The term “athletic training” includes the organization and administration of educational programs and athletic facilities, and the education and counseling of the public on matters relating to athletic training.
    Sec. 69.  Section 272.2, subsection 10, Code 2017, is amended to read as follows:
   10.  Issue statements of professional recognition to school service personnel who have attained a minimum of a baccalaureate degree and who are licensed by another professional licensing board, including but not limited to athletic trainers licensed under chapter 152D.
    Sec. 70.  NEW SECTION.  272.32  Athletic training registration.
   A person shall register with the department in order to practice as an athletic trainer.
    Sec. 71.  Section 272C.1, subsection 6, paragraphs g, k, u, v, z, aa, and ab, Code 2017, are amended by striking the paragraphs.
    Sec. 72.  Section 272C.3, subsection 2, paragraph a, Code 2017, is amended to read as follows:
   a.  Revoke a license, or suspend a license either until further order of the board or for a specified period, upon any of the grounds specified in section 100D.5, 105.22, 147.55, 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.219, 542.10, 542B.21, 543B.29, 544A.13, 544B.15, or 602.3203 or chapter 151 or 155, as applicable, or upon any other grounds specifically provided for in this chapter for revocation of the license of a licensee subject to the jurisdiction of that board, or upon failure of the licensee to comply with a decision of the board imposing licensee discipline.
    Sec. 73.  Section 272C.4, subsection 6, Code 2017, is amended to read as follows:
   6.  Define by rule acts or omissions that are grounds for revocation or suspension of a license under section 100D.5, 105.22, 147.55, 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.219, 542.10, 542B.21, 543B.29, 544A.13, 544B.15, or 602.3203 or chapter 151 or 155, as applicable, and to define by rule acts or omissions that constitute negligence, careless acts, or omissions within the meaning of section 272C.3, subsection 2, paragraph “b”, which licensees are required to report to the board pursuant to section 272C.9, subsection 2.
    Sec. 74.  Section 272C.5, subsection 2, paragraph c, Code 2017, is amended to read as follows:
   c.  Shall state whether the procedures are an alternative to or an addition to the procedures stated in sections 100D.5, 105.23, 105.24, 148.6 through 148.9, 152.10, 152.11, 153.33, 154A.23, 542.11, 542B.22, 543B.35, 543B.36, and 544B.16.
    Sec. 75.  Section 272C.6, subsection 6, paragraph a, Code 2017, is amended to read as follows:
   a.  A board created pursuant to chapter 147, 154A, 155, 169, 542, 542B, 543B, 543D, 544A, or 544B may charge a fee not to exceed seventy-five dollars for conducting a disciplinary hearing pursuant to this chapter which results in disciplinary action taken against the licensee by the board, and in addition to the fee, may recover from a licensee the costs for the following procedures and associated personnel:
   (1)  Transcript.
   (2)  Witness fees and expenses.
   (3)  Depositions.
   (4)  Medical examination fees incurred relating to a person licensed under chapter 147, 154A, 155, or 169.
    Sec. 76.  Section 273.2, subsection 7, Code 2017, is amended to read as follows:
   7.  The board of an area education agency or a consortium of two or more area education agencies shall contract with one or more licensed registered dietitians for the support of nutritional provisions in individual education plans developed in accordance with chapter 256B and to provide information to support school nutrition coordinators.
    Sec. 77.  Section 280.13C, subsection 4, paragraph b, Code 2017, is amended to read as follows:
   b.  “Licensed health care provider” means a physician, physician assistant, chiropractor, advanced registered nurse practitioner, nurse, or physical therapist, or athletic trainer licensed by a board designated under section 147.13.
    Sec. 78.  Section 331.608, subsection 6, paragraph c, Code 2017, is amended to read as follows:
   c.  To a person who is a funeral director licensed registered pursuant to chapter 156 and who has custody of the body of a deceased veteran.
    Sec. 79.  Section 423.2, subsection 6, paragraph a, Code 2017, is amended to read as follows:
   a.  The sales price of any of the following enumerated services is subject to the tax imposed by subsection 5:  alteration and garment repair; armored car; vehicle repair; battery, tire, and allied; investment counseling; service charges of all financial institutions; barber and beauty; boat repair; vehicle wash and wax; campgrounds; carpentry; roof, shingle, and glass repair; dance schools and dance studios; dating services; dry cleaning, pressing, dyeing, and laundering excluding the use of self-pay washers and dryers; electrical and electronic repair and installation; excavating and grading; farm implement repair of all kinds; flying service; furniture, rug, carpet, and upholstery repair and cleaning; fur storage and repair; golf and country clubs and all commercial recreation; gun and camera repair; house and building moving; household appliance, television, and radio repair; janitorial and building maintenance or cleaning; jewelry and watch repair; lawn care, landscaping, and tree trimming and removal; limousine service, including driver; machine operator; machine repair of all kinds; motor repair; motorcycle, scooter, and bicycle repair; oilers and lubricators; office and business machine repair; painting, papering, and interior decorating; parking facilities; pay television; pet grooming; pipe fitting and plumbing; wood preparation; executive search agencies; private employment agencies, excluding services for placing a person in employment where the principal place of employment of that person is to be located outside of the state; reflexology; security and detective services, excluding private security and detective services furnished by a peace officer with the knowledge and consent of the chief executive officer of the peace officer’s law enforcement agency; sewage services for nonresidential commercial operations; sewing and stitching; shoe repair and shoeshine; sign construction and installation; storage of household goods, mini-storage, and warehousing of raw agricultural products; swimming pool cleaning and maintenance; tanning beds or salons; taxidermy services; telephone answering service; test laboratories, including mobile testing laboratories and field testing by testing laboratories, and excluding tests on humans or animals and excluding environmental testing services; termite, bug, roach, and pest eradicators; tin and sheet metal repair; transportation service consisting of the rental of recreational vehicles or recreational boats, or the rental of vehicles subject to registration which are registered for a gross weight of thirteen tons or less for a period of sixty days or less, or the rental of aircraft for a period of sixty days or less; Turkish baths, massage, and reducing salons, excluding services provided by massage therapists licensed under chapter 152C; water conditioning and softening; weighing; welding; well drilling; wrapping, packing, and packaging of merchandise other than processed meat, fish, fowl, and vegetables; wrecking service; wrecker and towing.
    Sec. 80.  Section 489.1101, subsection 4, Code 2017, is amended to read as follows:
   4.  “Profession” means the profession of certified public accountancy, architecture, chiropractic, dentistry, physical therapy, practice as a physician assistant, psychology, professional engineering, land surveying, landscape architecture, law, medicine and surgery, optometry, osteopathic medicine and surgery, accounting practitioner, podiatry, real estate brokerage, speech pathology, audiology, veterinary medicine, pharmacy, or nursing, or marital and family therapy, provided that the marital and family therapist is licensed under chapters 147 and 154D.
    Sec. 81.  Section 496C.2, subsection 4, Code 2017, is amended to read as follows:
   4.  “Profession” means the profession of certified public accountancy, architecture, chiropractic, dentistry, physical therapy, practice as a physician assistant, psychology, professional engineering, land surveying, landscape architecture, law, medicine and surgery, optometry, osteopathic medicine and surgery, accounting practitioner, podiatry, real estate brokerage, speech pathology, audiology, veterinary medicine, pharmacy, and the practice of nursing.
    Sec. 82.  Section 514C.28, subsection 2, paragraph i, Code 2017, is amended to read as follows:
   i.   “Therapeutic care” means services provided by a licensed registered speech pathologist, licensed occupational therapist, or licensed physical therapist.
    Sec. 83.  Section 514C.28, subsection 2, paragraph j, subparagraph (1), Code 2017, is amended to read as follows:
   (1)  Prescribed, ordered, or provided by a licensed physician, licensed physician assistant, licensed psychologist, licensed social worker, or licensed registered nurse practitioner.
    Sec. 84.  Section 514C.30, subsection 1, Code 2017, is amended to read as follows:
   1.  Notwithstanding the uniformity of treatment requirements of section 514C.6, a policy, contract, or plan providing for third-party payment or prepayment of health or medical expenses shall not impose a copayment or coinsurance amount on an insured for services provided by a physical therapist licensed pursuant to chapter 148A, by an occupational therapist licensed pursuant to chapter 148B, or by a speech pathologist licensed registered pursuant to chapter 154F that is greater than the copayment or coinsurance amount imposed on the insured for services provided by a person engaged in the practice of medicine and surgery or osteopathic medicine and surgery under chapter 148 for the same or a similar diagnosed condition even if a different nomenclature is used to describe the condition for which the services are provided.
    Sec. 85.  Section 523A.302, Code 2017, is amended to read as follows:
   523A.302  Identification of merchandise and service provider.
   If a burial trust fund identifies, either in the trust fund records or in a related purchase agreement, the seller who will provide the cemetery merchandise, funeral merchandise, funeral services, or a combination thereof, the trust fund records or the related purchase agreements must contain a statement signed by an authorized representative of the seller agreeing to furnish the cemetery merchandise, funeral merchandise, funeral services, or a combination thereof upon the death of the beneficiary. The burial trust fund shall not identify a specific seller as payee unless the trust fund records or the related purchase agreements, if any, contain the signature of an authorized representative of the seller and, if the agreement is for mortuary science services as mortuary science is defined in section 156.1, the name of a funeral director licensed registered to deliver those services. A person may enter into agreements authorizing the establishment of more than one burial trust fund and agreeing to furnish the applicable merchandise and services.
    Sec. 86.  Section 523A.502, subsections 2 and 6, Code 2017, are amended to read as follows:
   2.  This chapter does not permit a person to practice mortuary science without a license registering pursuant to chapter 156. A person holding a current sales license may advertise, sell, promote, or offer to furnish a funeral director’s services as an employee or agent of a funeral establishment furnishing the funeral services under chapter 156.
   6.  A sales agent licensed pursuant to this section shall satisfactorily fulfill continuing education requirements for the license as prescribed by the commissioner by rule. However, this continuing education requirement is not applicable to a sales agent who is also a licensed insurance producer under chapter 522B or a licensed funeral director under chapter 156.
    Sec. 87.  Section 523A.601, subsection 4, Code 2017, is amended to read as follows:
   4.  A purchase agreement shall be signed by the purchaser, the seller, and if the agreement is for mortuary science services as mortuary science is defined in section 156.1, a person licensed registered to deliver funeral services.
    Sec. 88.  Section 523A.813, Code 2017, is amended to read as follows:
   523A.813  License revocation —— recommendation by commissioner to board of mortuary science.
   Upon a determination by the commissioner that grounds exist for an administrative license revocation or suspension action as adopted by the board of mortuary science under chapter 156 department of public health by rule, the commissioner may forward to the board department the grounds for the determination, including all evidence in the possession of the commissioner, so that the board department may proceed with the matter as deemed appropriate.
    Sec. 89.  Section 523I.303, Code 2017, is amended to read as follows:
   523I.303  Access by funeral directors.
   A cemetery shall not deny access to a licensed registered funeral director who is conducting funeral services or supervising the interment or disinterment of human remains.
    Sec. 90.  Section 546.10, subsection 1, paragraph f, Code 2017, is amended by striking the paragraph.
    Sec. 91.  Section 546.10, subsection 5, Code 2017, is amended to read as follows:
   5.  Fees collected under chapters 542, 542B, 543B, 544A, and 544B, and 544C shall be paid to the treasurer of state and credited to the general fund of the state. All expenses required in the discharge of the duties and responsibilities imposed upon the professional licensing and regulation bureau of the banking division of the department of commerce, the administrator, and the licensing boards by the laws of this state shall be paid from moneys appropriated by the general assembly for those purposes. All fees deposited into the general fund of the state, as provided in this subsection, shall be subject to the requirements of section 8.60.
    Sec. 92.  Section 622.10, subsection 7, Code 2017, is amended to read as follows:
   7.  For the purposes of this section, “mental health professional” means a psychologist licensed under chapter 154B, a registered nurse licensed under chapter 152, a social worker licensed registered under chapter 154C, a marital and family therapist licensed registered under chapter 154D, a mental health counselor licensed registered under chapter 154D, or an individual holding at least a master’s degree in a related field as deemed appropriate by the board of behavioral science department of public health.
    Sec. 93.  Section 714.18, subsection 2, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   A school licensed under the provisions of section 157.8 or 158.7 shall file with the college student aid commission the following:
    Sec. 94.  Section 714.25, subsection 2, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   A proprietary school shall, prior to the time a student is obligated for payment of any moneys, inform the student, the college student aid commission, and in the case of a school licensed under section 157.8, the board of cosmetology arts and sciences or in the case of a school licensed under section 158.7, the board of barbering, of all of the following:
    Sec. 95.  Section 714H.4, subsection 1, paragraph a, subparagraph (4), Code 2017, is amended to read as follows:
   (4)  Persons or facilities licensed, certified, or registered under chapters 135B, 135C, 135J, 148, 148A, 148B, 148C, 149, 151, 152, 152A, 152B, 153, 154, 154B, 154C, 154D, 155A, 156, 169, 522B, 542, 542B, 543B, 544A, or 544B.
    Sec. 96.  Section 915.82, subsection 1, paragraph a, subparagraph (7), Code 2017, is amended to read as follows:
   (7)  A person licensed or registered pursuant to chapter 154B or 154C.
    Sec. 97.  REPEAL.  Chapters 148F, 148G, 152B, 152C, 152D, 154A, 158, and 544C, Code 2017, are repealed.
    Sec. 98.  REPEAL.  Sections 154C.2, 154C.3, 154C.4, 154C.5, 154C.6, 154D.2, 154D.3, 154D.5, 154D.7, 154F.3, 154F.4, 154F.5, 154F.6, 156.3, 156.8, 156.8A, 156.9, 156.14, 156.15, 156.16, 216E.7, and 272C.2B, Code 2017, are repealed.
    Sec. 99.  TRANSITION PROVISIONS.
   1.  Any rule, regulation, form, order, or directive promulgated by the board of dietetics, behavioral science, social work, or mortuary science as required to administer and enforce the provisions of chapters 152A, 154C, 154D, and 156, Code 2017, in effect on the effective date of this division of this Act shall continue in full force and effect until amended, repealed, or supplemented by affirmative action of the department of public health.
   2.  Any moneys remaining in any account or fund under the control of the board of dietetics, the board of behavioral science, the board of social work, or the board of mortuary science on the effective date of this division of this Act and relating to the provisions of this division of this Act shall be transferred to a comparable fund or account under the control of the department of public health for such purposes. Notwithstanding section 8.33, the moneys transferred in accordance with this subsection shall not revert to the account or fund from which appropriated or transferred.
   3.  The board of dietetics, the board of behavioral science, the board of social work, and the board of mortuary science shall assist the department of public health in implementing this division of this Act by providing for an effective transition of powers and duties from the respective board to the department under chapters 152A, 154C, 154D, and 156 and related administrative rules. Such assistance shall include but is not limited to assisting in cooperating with federal agencies.
   4.  Any replacement of signs, logos, stationery, insignia, uniforms, and related items that is made due to the effect of this division of this Act shall be done as part of the normal replacement cycle for such items.
   5.  A person licensed by the board of dietetics, behavioral science, social work, or mortuary science on the effective date of this division of this Act shall immediately be registered to practice the person’s profession by the department of public health in accordance with this division of this Act.
   6.  An administrative hearing or court proceeding arising out of an enforcement action under chapter 152A, 154C, 154D, or 156 or related administrative rules pending on the effective date of this division of this Act shall not be affected by this division of this Act. Any cause of action or statute of limitation relating to an action taken by the board of dietetics, the board of behavioral science, the board of social work, or the board of mortuary science shall not be affected by this division of this Act and such cause of action or statute of limitation shall apply to the department of public health.
   7.  Any moneys remaining in any account or fund under the control of the board of respiratory care and polysomnography, the board of massage therapy, the board of hearing aid specialists, the board of barbering, or the interior design examining board on the effective date of this division of this Act and relating to the provisions of this division of this Act shall be transferred to the general fund.
   8.  An administrative hearing or court proceeding arising out of an enforcement action under chapter 148F, 148G, 152B, 152C, 154A, or 158 or related administrative rules pending on the effective date of this division of this Act shall not be affected by this division of this Act. Any cause of action or statute of limitation relating to an action taken by the board of respiratory care and polysomnography, the board of massage therapy, the board of hearing aid specialists, the board of barbering, or the interior design examining board shall not be affected by this division of this Act.
   9.  Any rule, regulation, form, order, or directive promulgated by the board of athletic training as required to administer and enforce the provisions of chapter 152D, Code 2017, shall continue in full force and effect until amended, repealed, or supplemented by affirmative action of the board of educational examiners.
   10.  Any moneys remaining in any account or fund under the control of the board of athletic training on the effective date of this division of this Act and relating to the provisions of this division of this Act shall be transferred to a comparable fund or account under the control of the board of educational examiners for such purposes. Notwithstanding section 8.33, the moneys transferred in accordance with this subsection shall not revert to the account or fund from which appropriated or transferred.
   11.  The board of athletic training shall assist the board of educational examiners in implementing this division of this Act by providing for an effective transition of powers and duties between the boards under chapter 152D and related administrative rules. Such assistance shall include but is not limited to assisting in cooperating with federal agencies.
   12.  A person licensed by the board of athletic training on the effective date of this division of this Act shall immediately be registered to practice the person’s profession by the board of educational examiners in accordance with this division of this Act.
   13.  An administrative hearing or court proceeding arising out of an enforcement action under chapter 152D or related administrative rules pending on the effective date of this division of this Act shall not be affected by this division of this Act. Any cause of action or statute of limitation relating to an action taken by the board of athletic training shall not be affected by this division of this Act and such cause of action or statute of limitation shall apply to the board of educational examiners.
   14.  Any rule, regulation, form, order, or directive promulgated by the board of speech pathology and audiology as required to administer and enforce the provisions of chapter 154F, Code 2017, shall continue in full force and effect until amended, repealed, or supplemented by affirmative action of the board of medicine.
   15.  Any moneys remaining in any account or fund under the control of the board of speech pathology and audiology on the effective date of this division of this Act and relating to the provisions of this division of this Act shall be transferred to a comparable fund or account under the control of the board of medicine for such purposes. Notwithstanding section 8.33, the moneys transferred in accordance with this subsection shall not revert to the account or fund from which appropriated or transferred.
   16.  The board of speech pathology and audiology shall assist the board of medicine in implementing this division of this Act by providing for an effective transition of powers and duties between the boards under chapter 154F and related administrative rules. Such assistance shall include but is not limited to assisting in cooperating with federal agencies.
   17.  A person licensed by the board of speech pathology and audiology on the effective date of this division of this Act shall immediately be registered to practice the person’s profession by the board of medicine in accordance with this division of this Act.
   18.  An administrative hearing or court proceeding arising out of an enforcement action under chapter 152F or related administrative rules pending on the effective date of this division of this Act shall not be affected by this division of this Act. Any cause of action or statute of limitation relating to an action taken by the board of speech pathology and audiology shall not be affected by this division of this Act and such cause of action or statute of limitation shall apply to the board of medicine.
DIVISION III
REPEAL OF STATE ADVISORY BOARD FOR PRESERVES

    Sec. 100.  Section 455A.8, subsections 1 and 2, Code 2017, are amended to read as follows:
   1.  a.  The Brushy creek recreation trails advisory board shall be organized within the department and shall be composed of nine eight voting members and one ex officio nonvoting member as follows:
   (1)  The director of the department or the director’s designee who shall serve as the nonvoting ex officio member.
   (2)  The park employee who is primarily responsible for maintenance of the Brushy creek recreation area.
   (3)  A member of the state advisory board for preserves established under chapter 465C.
   (4)  Seven persons appointed by the natural resource commission.
   b.  The director shall provide the natural resource commission with nominations of prospective board members. Each person appointed by the natural resource commission must actively participate in recreational trail activities such as hiking, bicycling, an equestrian sport, or a winter sport at the Brushy creek recreation area. The nine eight voting members shall elect a chairperson at the board’s first meeting each year.
   2.  Each voting member of the board shall serve for terms of three years, and shall be eligible for reappointment. A vacancy on the board shall be filled for the remainder of the original term. However, a vacancy in the membership slot designated for the park employee shall be filled by the park employee’s successor, and the person representing the state advisory board for preserves shall serve at the pleasure of the board. The department shall reimburse each member, other than the director or the director’s designee and the park employee, for actual expenses incurred by the member in performance of the duties of the board. A majority of voting members constitutes a quorum, and the affirmative vote of a majority present is necessary for any action taken by the board, except that a lesser number may adjourn a meeting. A vacancy in the membership of the board does not impair the rights of a quorum to exercise all rights and perform all duties of the board. The board shall meet as required, but at least twice a year. The board shall meet upon call of the chairperson, or upon written request of three members of the board. Written notice of the time and place of the meeting shall be given to each member.
    Sec. 101.  Section 461A.42, subsection 1, paragraph a, Code 2017, is amended to read as follows:
   a.  A firearm or other weapon authorized for hunting may be used in preserves or parts of preserves designated by the state advisory board on preserves at the request of the commission.
    Sec. 102.  Section 465C.1, subsection 2, Code 2017, is amended by striking the subsection.
    Sec. 103.  Section 465C.1, subsection 4, Code 2017, is amended to read as follows:
   4.  “Dedication” means the allocation of an area as a preserve by a public agency or by a private owner by written stipulation in a form approved by the state advisory board for preserves commission.
    Sec. 104.  Section 465C.9, Code 2017, is amended to read as follows:
   465C.9  Articles of dedication.
   1.  The public agency or private owner shall complete articles of dedication on forms approved by the board commission. When the articles of dedication have been approved by the governor, the board commission shall record them with the county recorder for the county or counties in which the area is located.
   2.  The articles of dedication may contain restrictions on development, sale, transfer, method of management, public access, and commercial or other use, and may contain such other provisions as may be necessary to further the purposes of this chapter. They may define the respective jurisdictions of the owner or operating agency and the board commission. They may provide procedures to be applied in case of violation of the dedication. They may recognize reversionary rights. They may vary in provisions from one preserve to another in accordance with differences in relative conditions.
    Sec. 105.  Section 465C.10, Code 2017, is amended to read as follows:
   465C.10  When dedicated as a preserve.
   An area shall become a preserve when it has been approved by the board commission for dedication as a preserve, whether in public or private ownership, formally dedicated as a preserve within the system by a public agency or private owner and designated by the governor as a preserve.
    Sec. 106.  Section 465C.11, Code 2017, is amended to read as follows:
   465C.11  Area held in trust.
   1.  An area designated as a preserve within the system is hereby declared put to its highest, best, and most important use for public benefit. It shall be held in trust and shall not be alienated except to another public use upon a finding by the board commission of imperative and unavoidable public necessity and with the approval of the commission, the general assembly by concurrent resolution, and the governor. The board’s commission’s interest or interests in any area designated as a preserve shall not be taken under the condemnation statutes of this state without such a finding of imperative and unavoidable public necessity by the board commission, and with the consent of the commission, the general assembly by concurrent resolution, and the governor.
   2.  The board commission, with the approval of the governor, may enter into amendments to any articles of dedication upon its finding that such amendment will not permit an impairment, disturbance, or development of the area inconsistent with the purposes of this chapter.
   3.  Before the board commission shall make a finding of imperative and unavoidable public necessity, or shall enter into any amendment to articles of dedication, it shall provide notice of such proposal and opportunity for any person to be heard. Such notice shall be published at least once in a newspaper with a general circulation in the county or counties wherein the area directly affected is situated, and mailed within ten days of such published notice to all persons who have requested notice of all such proposed actions. Each notice shall set forth the substance of the proposed action and describe, with or without legal description, the area affected, and shall set forth a place and time not less than sixty days thence for all persons desiring to be heard to have reasonable opportunity to be heard prior to the finding of the board commission.
    Sec. 107.  REPEAL.  Sections 465C.2, 465C.3, 465C.4, 465C.5, 465C.6, 465C.7, and 465C.8, Code 2017, are repealed.
    Sec. 108.  TRANSITION PROVISIONS.
   1.  Any rule, regulation, form, order, or directive promulgated by the state advisory board for preserves as required to administer and enforce the provisions of chapter 465C, Code 2017, shall continue in full force and effect until amended, repealed, or supplemented by affirmative action of the natural resource commission.
   2.  Any moneys remaining in any account or fund under the control of the state advisory board for preserves on the effective date of this division of this Act and relating to the provisions of this division of this Act shall be transferred to a comparable fund or account under the control of the department of natural resources for such purposes. Notwithstanding section 8.33, the moneys transferred in accordance with this subsection shall not revert to the account or fund from which appropriated or transferred.
DIVISION IV
MERGING ELECTRICAL EXAMINING BOARD AND PLUMBING AND MECHANICAL SYSTEMS BOARD —— ADVISORY COUNCIL

    Sec. 109.  Section 100C.10, subsection 3, Code 2017, is amended to read as follows:
   3.  The state fire marshal, or the state fire marshal’s designee, and the chairperson of the electrical examining board, plumbing, and mechanical systems advisory council created in section 103.2 shall be nonvoting ex officio members of the board.
    Sec. 110.  Section 103.1, subsections 1, 2, 3, 4, 7, 10, 17, and 18, Code 2017, are amended to read as follows:
   1.  “Apprentice electrician” means any person who, as such person’s principal occupation, is engaged in learning and assisting in the installation, alteration, and repair of electrical wiring, apparatus, and equipment as an employee of a person licensed under this chapter, and who is licensed by the board department and is progressing toward completion of an apprenticeship training program registered by the office of apprenticeship of the United States department of labor. For purposes of this chapter, persons who are not engaged in the installation, alteration, or repair of electrical wiring, apparatus, and equipment, either inside or outside buildings, shall not be considered apprentice electricians.
   2.  “Board” “Council” means the electrical examining board, plumbing, and mechanical systems advisory council created under section 103.2.
   3.  “Class A journeyman electrician” means a person having the necessary qualifications, training, experience, and technical knowledge to wire for or install electrical wiring, apparatus, and equipment and to supervise apprentice electricians and who is licensed by the board department.
   4.  “Class A master electrician” means a person having the necessary qualifications, training, experience, and technical knowledge to properly plan, lay out, and supervise the installation of electrical wiring, apparatus, and equipment for light, heat, power, and other purposes and who is licensed by the board department.
   7.  “Electrical contractor” means a person affiliated with an electrical contracting firm or business who is, or who employs a person who is, licensed by the board department as either a class A or class B master electrician and who is also registered with the state of Iowa as a contractor pursuant to chapter 91C.
   10.  “Inspector” means a person certified as an electrical inspector upon such reasonable conditions as may be adopted by the board department. The board department may permit more than one class of electrical inspector.
   17.  “Special electrician” means a person having the necessary qualifications, training, and experience in wiring or installing special classes of electrical wiring, apparatus, equipment, or installations which shall include irrigation system wiring, disconnecting and reconnecting of existing air conditioning and refrigeration, and sign installation and who is licensed by the board department.
   18.  “Unclassified person” means any person, other than an apprentice electrician or other person licensed under this chapter, who, as such person’s principal occupation, is engaged in learning and assisting in the installation, alteration, and repair of electrical wiring, apparatus, and equipment as an employee of a person licensed under this chapter, and who is licensed by the board department as an unclassified person. For purposes of this chapter, persons who are not engaged in the installation, alteration, or repair of electrical wiring, apparatus, and equipment, either inside or outside buildings, shall not be considered unclassified persons.
    Sec. 111.  Section 103.1, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  6A.  “Department” means the department of public safety created under chapter 80. 
    Sec. 112.  Section 103.2, Code 2017, is amended to read as follows:
   103.2  Electrical examining board, plumbing, and mechanical systems advisory council created.
   1.  An electrical examining board, plumbing, and mechanical systems advisory council is created within the division of state fire marshal of the department of public safety. The board council shall consist of eleven ten voting members appointed by the governor and subject to senate confirmation department, all of whom shall be residents of this state.
   2.  The members shall be as follows:
   a.  Two Four members shall be journeyman electricians, one a member of an electrical workers union covered under a collective bargaining agreement and one not a member of a union electricians licensed by the department.
   b.  Two Four members shall be master electricians or electrical contractors, one of whom is a contractor signed to a collective bargaining agreement or a master electrician covered under a collective bargaining agreement and one of whom is a contractor not signed to a collective bargaining agreement or a master electrician who is not a member of a union plumbers licensed by the department under chapter 105.
   c.  One member shall be an electrical inspector.
   d.  Two members, one a union member covered under a collective bargaining agreement and one who is not a member of a union, each of whom shall not be a member of any of the groups described in paragraphs “a” through “c”, and shall not licensed as an electrician or a plumber and who shall represent the general public.
   e.  One member shall be the state fire marshal or a representative of the state fire marshal’s office.
   f.  One member shall be a local building official employed by a political subdivision to perform electrical inspections for that political subdivision.
   g.  One member shall represent a public utility.
   h.  One member shall be an engineer licensed pursuant to chapter 542B with a background in electrical engineering.
   3.  The public members of the board shall be allowed to participate in administrative, clerical, or ministerial functions incident to giving a licensure examination, but shall not determine the content of the examination or determine the correctness of the answers. Professional associations or societies composed of licensed electricians may recommend to the governor department the names of potential board council members whose profession is representative of that association or society. However, the governor department is not bound by the recommendations. A board council member shall not be required to be a member of any professional electrician association or society.
    Sec. 113.  Section 103.3, subsections 1 and 2, Code 2017, are amended to read as follows:
   1.  Appointments to the board, other than the state fire marshal or a representative of the state fire marshal’s office, council shall be for three-year staggered terms and shall commence and end as provided by section 69.19. The most recently appointed state fire marshal, or a representative of the state fire marshal’s office, shall be appointed to the board on an ongoing basis. Vacancies shall be filled for the unexpired term by appointment of the governor and shall be subject to senate confirmation. Members shall serve no more than three terms or nine years, whichever is least.
   2.  Members of the board council are entitled to receive all actual expenses incurred in the discharge of their duties within the limits of funds appropriated to the board. Each member of the board may also be eligible to receive council but shall serve without compensation as provided in section 7E.6.
    Sec. 114.  Section 103.3, subsection 3, Code 2017, is amended by striking the subsection.
    Sec. 115.  Section 103.4, Code 2017, is amended to read as follows:
   103.4  Organization of the board council.
   The board council shall elect annually from its members a chairperson and a vice chairperson, and shall hire and provide staff to assist the board in administering this chapter. An executive secretary designated by the board council shall report to the state fire marshal for purposes of routine board council administrative functions, and shall report directly to the board for purposes of execution of board policy such as application of licensing criteria and processing of applications. The board council shall hold at least one meeting quarterly at the location of the board’s department’s principal office, and meetings shall be called at other times by the chairperson or four members of the board council. At any meeting of the board council, a majority of members constitutes a quorum.
    Sec. 116.  Section 103.6, Code 2017, is amended to read as follows:
   103.6  Powers and duties.
   1.  The board department shall:
   a.  Adopt rules pursuant to chapter 17A and in doing so shall be governed by the minimum standards set forth in the most current publication of the national electrical code issued and adopted by the national fire protection association, and amendments to the code, which code and amendments shall be filed in the offices of the state law library and the board department and shall be a public record. The board department shall adopt rules reflecting updates to the code and amendments to the code. The board department shall promulgate and adopt rules establishing wiring standards that protect public safety and health and property and that apply to all electrical wiring which is installed subject to this chapter.
   b.  Revoke, suspend, or refuse to renew any license granted pursuant to this chapter when the licensee does any of the following:
   (1)  Fails or refuses to pay any examination, license, or renewal fee required by law.
   (2)  Is an electrical contractor and fails or refuses to provide and keep in force a public liability insurance policy and surety bond as required by the board department.
   (3)  Violates any political subdivision’s inspection ordinances.
   c.  Adopt rules for continuing education requirements for each classification of licensure established pursuant to this chapter, and adopt all rules, not inconsistent with the law, necessary for the proper performance of the duties of the board department.
   d.  Provide for the amount and collection of fees for inspection and other services.
   e.  Adopt all rules necessary to carry out the licensing and other provisions of chapter 105.
   2.  The board department may, in its discretion, revoke, suspend, or refuse to renew any license granted pursuant to this chapter when the licensee violates any provision of the national electrical code as adopted pursuant to subsection 1, this chapter, or any rule adopted pursuant to this chapter.
   3.  The department shall seek input as needed from the council to address the duties of the department as set forth in this section.
    Sec. 117.  Section 103.7, Code 2017, is amended to read as follows:
   103.7  Electrician and installer licensing and inspection fund.
   An electrician and installer licensing and inspection fund is created in the state treasury as a separate fund under the control of the board department. All licensing, examination, renewal, and inspection fees shall be deposited into the fund and retained by and for the use of the board department in administering this chapter and chapter 105. Expenditures from the fund shall be approved by the sole authority of the board department in consultation with the state fire marshal. Amounts deposited into the fund shall be considered repayment receipts as defined in section 8.2. Notwithstanding section 8.33, any balance in the fund on June 30 of each fiscal year shall not revert to the general fund of the state, but shall remain available for the purposes of this chapter in subsequent fiscal years. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund.
    Sec. 118.  Section 103.8, subsection 2, Code 2017, is amended to read as follows:
   2.  Except as provided in sections 103.13 and 103.14, no person shall, for another, plan, lay out, or supervise the installation of wiring, apparatus, or equipment for electrical light, heat, power, and other purposes unless the person is licensed by the board department as an electrical contractor, a class A master electrician, or a class B master electrician.
    Sec. 119.  Section 103.10, Code 2017, is amended to read as follows:
   103.10  Class A master electrician license —— qualifications —— class B master electrician license.
   1.  An applicant for a class A master electrician license shall have at least one year’s experience, acceptable to the board department, as a licensed class A or class B journeyman electrician.
   2.  In addition, an applicant shall meet examination criteria based upon the most recent national electrical code adopted pursuant to section 103.6 and upon electrical theory, as determined by the board department.
   3.  a.  An applicant who can provide proof acceptable to the board department that the applicant has been working in the electrical business and involved in planning for, laying out, supervising, and installing electrical wiring, apparatus, or equipment for light, heat, and power since January 1, 1998, and for a total of at least sixteen thousand hours, of which at least eight thousand hours shall have been accumulated since January 1, 1998, may be granted a class B master electrician license without taking an examination. An applicant who is issued a class B master electrician license pursuant to this section shall not be authorized to plan, lay out, or supervise the installation of electrical wiring, apparatus, and equipment in a political subdivision which, prior to or after January 1, 2008, establishes licensing standards which preclude such work by class B master electricians in the political subdivision. The board department shall adopt rules establishing procedures relating to the restriction of a class B master electrician license pursuant to this subsection.
   b.  A class B master electrician may become licensed as a class A master electrician upon successful passage of the examination prescribed in subsection 2.
   4.  A person licensed to plan, lay out, or supervise the installation of electrical wiring, apparatus, or equipment for light, heat, power, and other purposes and supervise apprentice electricians by a political subdivision preceding January 1, 2008, pursuant to a supervised written examination, and who is currently engaged in the electrical contracting industry, shall be issued an applicable statewide license corresponding to that licensure as a class A master electrician or electrical contractor. The board department shall adopt by rule certain criteria for city examination standards satisfactory to fulfill this requirement.
   5.  The board department may reject an application for licensure under this section from an applicant who would be subject to suspension, revocation, or reprimand pursuant to section 103.35.
    Sec. 120.  Section 103.10A, Code 2017, is amended to read as follows:
   103.10A  Inactive master electrician license.
   The board department may by rule create an inactive master electrician license and establish a fee for such a license. An applicant for an inactive master electrician license shall, at a minimum, meet the requirements of this chapter and requirements established by the board department by rule for licensure as a class A master electrician or a class B master electrician. A person licensed as an inactive master electrician shall not be authorized to act as a master electrician, but shall be authorized to apply for a class A master electrician license or a class B master electrician license at a future date subject to conditions and under procedures established by the board department by rule. The conditions and procedures shall include but not be limited to completion of the required number of contact hours of continuing education courses specified in section 103.18, and paying the applicable license fee specified in section 103.19 for a class A master electrician license or class B master electrician license.
    Sec. 121.  Section 103.11, Code 2017, is amended to read as follows:
   103.11  Wiring or installing —— supervising apprentices —— license required —— qualifications.
   Except as provided in section 103.13, no person shall, for another, wire for or install electrical wiring, apparatus, or equipment, or supervise an apprentice electrician or unclassified person, unless the person is licensed by the board department as an electrical contractor, a class A master electrician, or a class B master electrician, or is licensed as a class A journeyman electrician or a class B journeyman electrician and is employed by an electrical contractor or is working under the supervision of a class A master electrician or a class B master electrician.
    Sec. 122.  Section 103.12, Code 2017, is amended to read as follows:
   103.12  Class A journeyman electrician license qualifications —— class B journeyman electrician license.
   1.  An applicant for a class A journeyman electrician license shall have successfully completed an apprenticeship training program registered by the office of apprenticeship of the United States department of labor in accordance with the standards established by that department or shall have received training or experience for a period of time and under conditions as established by the board department by rule.
   2.  In addition, an applicant shall meet examination criteria based upon the most recent national electrical code adopted pursuant to section 103.6 and upon electrical theory, as determined by the board department.
   3.  a.  An applicant who can provide proof acceptable to the board department that the applicant has been employed as a journeyman electrician since January 1, 1998, and for a total of at least sixteen thousand hours, of which at least eight thousand hours shall have been accumulated since January 1, 1998, may be granted a class B journeyman electrician license without taking an examination. An applicant who is issued a class B journeyman electrician license pursuant to this section shall not be authorized to wire for or install electrical wiring, apparatus, and equipment in a political subdivision which, prior to or after January 1, 2008, establishes licensing standards which preclude such work by class B journeyman electricians in the political subdivision. The board department shall adopt rules establishing procedures relating to the restriction of a class B journeyman electrician license pursuant to this subsection.
   b.  A class B journeyman electrician may become licensed as a class A journeyman electrician upon successful passage of the examination prescribed in subsection 2.
   4.  A person licensed to wire for or install electrical wiring, apparatus, or equipment or supervise an apprentice electrician by a political subdivision preceding January 1, 2008, pursuant to a supervised written examination, and who is currently engaged in the electrical contracting industry with at least four years’ experience, shall be issued an applicable statewide license corresponding to that licensure as a class A journeyman electrician or a class B journeyman electrician. The board department shall adopt by rule certain criteria for city examination standards satisfactory to fulfill this requirement.
   5.  The board department may reject an application for licensure under this section from an applicant who would be subject to suspension, revocation, or reprimand pursuant to section 103.35.
    Sec. 123.  Section 103.12A, Code 2017, is amended to read as follows:
   103.12A  Residential electrician and residential master electrician license —— qualifications.
   1.  The board department may by rule provide for the issuance of a residential electrician license, and may by rule provide for the issuance of a residential master electrician license.
   a.  A residential electrician license or residential master electrician license, if established by the board department, shall be issued to applicants who meet qualifications determined by the board department, and shall be valid for the performance of residential installations, subject to limitations or restrictions established by the board department.
   b.  A person who, on or after July 1, 2009, holds a special electrician license authorizing residential electrical installation, granted pursuant to section 103.13, shall be eligible for conversion of that special license to either a residential electrician license or a residential master electrician license, if established by the board department, in accordance with requirements and procedures established by the board department.
   2.  A person licensed by the board department as a class A journeyman electrician or a class B journeyman electrician, or as a class A master electrician or a class B master electrician, shall not be required to hold a residential electrician or residential master electrician license to perform any type of residential installation authorized for a person licensed pursuant to this section.
   3.  The board department may reject an application for licensure under this section from an applicant who would be subject to suspension, revocation, or reprimand pursuant to section 103.35.
    Sec. 124.  Section 103.13, subsections 1 and 3, Code 2017, are amended to read as follows:
   1.  The board department shall by rule provide for the issuance of special electrician licenses authorizing the licensee to engage in a limited class or classes of electrical work, which class or classes shall be specified on the license. Each licensee shall have experience, acceptable to the board department, in each such limited class of work for which the person is licensed.
   3.  The board department may reject an application for licensure under this section from an applicant who would be subject to suspension, revocation, or reprimand pursuant to section 103.35.
    Sec. 125.  Section 103.15, subsections 1, 2, 3, and 6, Code 2017, are amended to read as follows:
   1.  A person shall be licensed by the board department and pay a licensing fee to work as an apprentice electrician while participating in an apprenticeship training program registered by the office of apprenticeship of the United States department of labor in accordance with the standards established by that department. An apprenticeship shall be limited to six years from the date of licensure, unless extended by the board department upon a finding that a hardship existed which prevented completion of the apprenticeship program. Such licensure shall entitle the licensee to act as an apprentice to an electrical contractor, a class A master electrician, a class B master electrician, a class A journeyman electrician, or a class B journeyman electrician as provided in subsection 3.
   2.  a.  A person shall be licensed as an unclassified person by the board department to perform electrical work if the work is performed under the personal supervision of a person actually licensed to perform such work and the licensed and unclassified persons are employed by the same employer. A person shall not be employed continuously for more than one hundred days as an unclassified person without having obtained a current license from the board department. For the purposes of determining whether a person has been “employed continuously” for more than one hundred days under this subsection, employment shall include any days not worked due to illness, holidays, weekend days, and other absences that do not constitute separation from or termination of employment. Any period of employment as a nonlicensed unclassified person shall not be credited to any applicable experiential requirement of an apprenticeship training program registered by the office of apprenticeship of the United States department of labor.
   b.  Licensed persons shall not permit unclassified persons to perform electrical work except under the personal supervision of a person actually licensed to perform such work. Unclassified persons shall not supervise the performance of electrical work or make assignments of electrical work to unclassified persons. Any person employing unclassified persons performing electrical work shall maintain records establishing compliance with this section, which shall designate all unclassified persons performing electrical work.
   3.  Apprentice electricians and unclassified persons shall do no electrical wiring except under the direct personal on-the-job supervision and control and in the immediate presence of a licensee as specified in section 103.11. Such supervision shall include both on-the-job training and related classroom training as approved by the board department. The licensee may employ or supervise apprentice electricians and unclassified persons at a ratio not to exceed three apprentice electricians and unclassified persons to one licensee, except that such ratio and the other requirements of this section shall not apply to apprenticeship classroom training.
   6.  The board department may reject an application for licensure under this section from an applicant who would be subject to suspension, revocation, or reprimand pursuant to section 103.35.
    Sec. 126.  Section 103.16, Code 2017, is amended to read as follows:
   103.16  License examinations.
   1.  Examinations for licensure shall be offered as often as deemed necessary by the board department, but no less than one time per quarter. The scope of the examinations and the methods of procedure shall be prescribed by the board department. The examinations given by the board department shall be the Experior assessment examination, or a successor examination approved by the board department, or an examination prepared by a third-party testing service which is substantially equivalent to the Experior assessment examination, or a successor examination approved by the board department.
   2.  An examination may be given by representatives of the board department. As soon as practicable after the close of each examination, a report shall be filed in the office of the secretary of with the board by the board department. The report shall show the action of the board department upon each application and the secretary of the board department shall notify each applicant of the result of the applicant’s examination. Applicants who fail the examination once shall be allowed to take the examination at the next scheduled time. Thereafter, the applicant shall be allowed to take the examination at the discretion of the board department. An applicant who has failed the examination may request, in writing, information from the board department concerning the applicant’s examination grade and subject areas or questions which the applicant failed to answer correctly, except that if the board department administers a uniform, standardized examination, the board department shall only be required to provide the examination grade and such other information concerning the applicant’s examination results which are available to the board department.
    Sec. 127.  Section 103.17, subsection 1, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   A member of the board department shall not disclose information relating to the following:
    Sec. 128.  Section 103.17, subsection 2, Code 2017, is amended to read as follows:
   2.  A member of the board department who willfully communicates or seeks to communicate such information, and any person who willfully requests, obtains, or seeks to obtain such information, is guilty of a simple misdemeanor.
    Sec. 129.  Section 103.18, Code 2017, is amended to read as follows:
   103.18  License renewal —— continuing education.
   In order to renew a class A master electrician, class B master electrician, class A journeyman electrician, or class B journeyman electrician license issued pursuant to this chapter, the licensee shall be required to complete eighteen contact hours of continuing education courses approved by the board department during the three-year period for which a license is granted. The contact hours shall include a minimum of six contact hours studying the national electrical code described in section 103.6, and the remaining contact hours may include study of electrical circuit theory, blueprint reading, transformer and motor theory, electrical circuits and devices, control systems, programmable controllers, and microcomputers or any other study of electrical-related material that is approved by the board department. Any additional hours studying the national electrical code shall be acceptable. For purposes of this section, “contact hour” means fifty minutes of classroom attendance at an approved course under a qualified instructor approved by the board department.
    Sec. 130.  Section 103.19, subsection 1, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   Licenses issued pursuant to this chapter shall expire every three years, with the exception of licenses for apprentice electricians and unclassified persons, which shall expire on an annual basis. All license applications shall include the applicant’s social security number, which shall be maintained as a confidential record and shall be redacted prior to public release of an application or other record containing such social security number. The board department shall establish the fees to be payable for license issuance and renewal in amounts not to exceed the following:
    Sec. 131.  Section 103.19, subsection 3, Code 2017, is amended to read as follows:
   3.  If the board department determines that all licenses shall expire on the same date every three years for licenses specified in subsection 1, paragraph “a”, the license fees shall be prorated by month. The board department shall determine an individual’s license fee based on the number of months that the individual’s license will be in effect after being issued and prior to expiration.
    Sec. 132.  Section 103.20, Code 2017, is amended to read as follows:
   103.20  Licensee status —— employment —— death.
   1.  Individuals performing electrical work in a capacity for which licensure is required pursuant to this chapter shall be employed by the authority or company obtaining a permit for the performance of such work, and shall possess a valid license issued by the board department.
   2.  Upon the death of an electrical contractor, a class A master electrician, or a class B master electrician, the board department may permit a representative to carry on the business of the decedent for a period not to exceed six months for the purpose of completing work under contract to comply with this chapter. Such representative shall furnish all public liability and property damage insurance required by the board department.
    Sec. 133.  Section 103.21, Code 2017, is amended to read as follows:
   103.21  Licenses without examination —— reciprocity with other states.
   To the extent that any other state which provides for the licensing of electricians provides for similar action, the board department may grant licenses, without examination, of the same grade and class to an electrician who has been licensed by such other state for at least one year, upon payment by the applicant of the required fee, and upon the board department being furnished with proof that the qualifications of the applicant are equal to the qualifications of holders of similar licenses in this state.
    Sec. 134.  Section 103.22, subsections 13 and 14, Code 2017, are amended to read as follows:
   13.  Apply to a person otherwise licensed pursuant to this chapter who is engaged in the wiring or installation of electrical wiring, apparatus, or equipment while presenting a course of instruction relating to home construction technology, or a similar course of instruction, offered to students by a community college established under chapter 260C, an institution under the control of the state board of regents, or a school corporation. A student enrolled in such a course of instruction shall not be considered an apprentice electrician or unclassified person, and supervision ratios as provided in section 103.15, subsection 3, shall not be applicable. The board department shall by rule establish inspection procedures in the event that the home constructed pursuant to the course is intended for eventual occupation as a residence.
   14.  Prohibit a person from performing work on an emergency basis as determined by the board department.
    Sec. 135.  Section 103.24, subsection 1, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   The board department shall establish by rule standards for the certification and decertification of electrical inspectors appointed by the state or a political subdivision to enforce this chapter or any applicable resolution or ordinance within the inspector’s jurisdiction, and for certified electrical inspector continuing education requirements.
    Sec. 136.  Section 103.24, subsection 2, Code 2017, is amended to read as follows:
   2.  State inspection shall not apply within the jurisdiction of any political subdivision which, pursuant to section 103.29, provides by resolution or ordinance standards of electrical wiring and its installation that are not less stringent than those prescribed by the board department or by this chapter and which further provides by resolution or ordinance for the inspection of electrical installations within the limits of such subdivision by a certified electrical inspector. A copy of the certificate of each electrical inspector shall be provided to the board department by the political subdivision issuing the certificate.
    Sec. 137.  Section 103.25, Code 2017, is amended to read as follows:
   103.25  Request for inspection —— fees.
   1.  At or before commencement of any installation required to be inspected by the board department, the licensee or property owner making such installation shall submit to the state fire marshal’s office a request for inspection. The board department shall prescribe the methods by which the request may be submitted, which may include electronic submission or through a form prescribed by the board department that can be submitted either through the mail or by a fax transmission. The board department shall also prescribe methods by which inspection fees can be paid, which may include electronic methods of payment. If the board department or the state fire marshal’s office becomes aware that a person has failed to file a necessary request for inspection, the board department shall send a written notification by certified mail that the request must be filed within fourteen days. Any person filing a late request for inspection shall pay a delinquency fee in an amount to be determined by the board department. A person who fails to file a late request within fourteen days from receipt of the notification shall be subject to a civil penalty to be determined by the board department by rule.
   2.  Notwithstanding subsection 1, the board department may by rule provide for the issuance of a single permit to a licensee to request multiple inspections. The permit authorizes the licensee to perform new electrical installations specified in the permit. The board department shall prescribe the methods by which the request for multiple inspections may be submitted, which may include electronic submission or through a form prescribed by the board department that can be submitted either through the mail or by a fax transmission. The board department shall also prescribe methods by which inspection fees can be paid, which may include electronic methods of payment. The board department may perform inspections of each new electrical installation or any portion of the total number of new electrical installations made under each permit. The board department shall establish fees for such permits, which shall not exceed the total inspection fees that would be required if each new electrical installation performed under the request for multiple inspections had been performed under individual requests for inspections as provided in subsection 1.
    Sec. 138.  Section 103.26, Code 2017, is amended to read as follows:
   103.26  Condemnation —— disconnection —— opportunity to correct noncompliance.
   If the inspector finds that any installation or portion of an installation is not in compliance with accepted standards of construction for health safety and property safety, based upon minimum standards set forth in the local electrical code or the national electrical code adopted by the board department pursuant to section 103.6, the inspector shall by written order condemn the installation or noncomplying portion or order service to such installation disconnected and shall send a copy of such order to the board department, the state fire marshal, and the electrical utility supplying power involved. If the installation or the noncomplying portion is such as to seriously and proximately endanger human health or property, the order of the inspector when approved by the inspector’s supervisor shall require immediate condemnation and disconnection by the applicant. In all other cases, the order of the inspector shall establish a reasonable period of time for the installation to be brought into compliance with accepted standards of construction for health safety and property safety prior to the effective date established in such order for condemnation or disconnection.
    Sec. 139.  Section 103.27, subsection 1, Code 2017, is amended to read as follows:
   1.  A copy of each condemnation or disconnection order shall be served personally or by regular mail upon the property owner at the property owner’s last known address, the licensee making the installation, and such other persons as the board department by rule may direct.
    Sec. 140.  Section 103.28, subsection 2, Code 2017, is amended to read as follows:
   2.  If the electrical inspector determines that an electrical installation subject to inspection by the board department is not in compliance with accepted standards of construction for health safety and property safety, based upon minimum standards adopted by the board department pursuant to this chapter, the inspector shall issue a correction order. A correction order made pursuant to this section shall be served personally or by United States mail only upon the licensee making the installation. The correction order shall order the licensee to make the installation comply with the standards, noting specifically what changes are required. The order shall specify a date, not more than seventeen calendar days from the date of the order, when a new inspection shall be made. When the installation is brought into compliance to the satisfaction of the inspector, the inspector shall file with the electrical utility supplying power a certificate stating that the electrical inspector has approved energization.
    Sec. 141.  Section 103.29, subsections 1, 2, 3, and 5, Code 2017, are amended to read as follows:
   1.  A political subdivision performing electrical inspections prior to December 31, 2007, shall continue to perform such inspections. After December 31, 2013, a political subdivision may choose to discontinue performing its own inspections and permit the board department to have jurisdiction over inspections in the political subdivision. If a political subdivision seeks to discontinue its own inspections prior to December 31, 2013, the political subdivision shall petition the board department. On or after January 1, 2014, if a unanimous vote of the board department finds that a political subdivision’s inspections are inadequate by reason of misfeasance, malfeasance, or nonfeasance, the board department may suspend or revoke the political subdivision’s authority to perform its own inspections, subject to appeal according to the procedure set forth in section 103.34 and judicial review pursuant to section 17A.19. A political subdivision not performing electrical inspections prior to December 31, 2007, may make provision for inspection of electrical installations within its jurisdiction, in which case it shall keep on file with the board department copies of its current inspection ordinances or resolutions and electrical codes.
   2.  A political subdivision performing electrical inspections pursuant to subsection 1 prior to December 31, 2007, may maintain a different supervision ratio than the ratio of three apprentice electricians and unclassified persons to one licensee specified in section 103.15, subsection 3, but may not exceed that ratio. A political subdivision which begins performing electrical inspections after December 31, 2007, shall maintain the specified three-to-one ratio unless the board department approves a petition by the political subdivision for a lower ratio. A political subdivision which discontinues performing electrical inspections and permits the board department to have jurisdiction over inspections shall maintain the specified three-to-one supervision ratio, and may not petition for a lower ratio unless the political subdivision subsequently resumes performing electrical inspections.
   3.  A political subdivision that performs electrical inspections may set appropriate permit fees to pay for such inspections. A political subdivision shall not require any person holding a license from the board department to pay any license fee or take any examination if the person holds a current license issued by the board department which is of a classification equal to or greater than the classification needed to do the work proposed. Any such political subdivision may provide a requirement that each person doing electrical work within the jurisdiction of such political subdivision have on file with the political subdivision a copy of the current license issued by the board department or such other evidence of such license as may be provided by the board department.
   5.  A political subdivision that performs electrical inspections shall act as the authority having jurisdiction for electrical inspections and for amending the national electrical code adopted by the board department pursuant to section 103.6 for work performed within the jurisdictional limits of the political subdivision, provided those inspections and amendments conform to the requirements of this chapter. Any action by a political subdivision with respect to amendments to the national electrical code shall be filed with the board department prior to enforcement by the political subdivision, and shall not be less stringent than the minimum standards established by the board department by rule.
    Sec. 142.  Section 103.30, subsection 2, Code 2017, is amended to read as follows:
   2.  The board department may by rule exempt specified types of new electrical installations from the state electrical inspection requirements under section 103.23, provided that a political subdivision conducting inspections pursuant to section 103.24 shall not be prohibited from requiring inspection of any new electrical installation exempt by rule from state inspection pursuant to this subsection.
    Sec. 143.  Section 103.31, subsections 1, 3, 4, 5, and 6, Code 2017, are amended to read as follows:
   1.  An inspection shall be made within three business days of the submission of a request for an inspection as provided in section 103.25. When necessary, circuits may be energized by the authorized installer prior to inspection but the installation shall remain subject to condemnation and disconnection and subject to any appropriate restrictions or limitations as determined by the board department.
   3.  State inspection procedures and policies shall be established by the board department. The state fire marshal, or the state fire marshal’s designee, shall enforce the procedures and policies, and enforce the provisions of the national electrical code adopted by the board department.
   4.  Except when an inspection reveals that an installation or portion of an installation is not in compliance with accepted standards of construction for health safety and property safety, based upon minimum standards set forth in the local electrical code or the national electrical code adopted by the board department pursuant to section 103.6, such that an order of condemnation or disconnection is warranted pursuant to section 103.26, an inspector shall not add to, modify, or amend a construction plan as originally approved by the state fire marshal or the state building code commissioner in the course of conducting an inspection.
   5.  Management and supervision of inspectors, including hiring decisions, disciplinary action, promotions, and work schedules are the responsibility of the state fire marshal acting in accordance with applicable law and pursuant to any applicable collective bargaining agreement. The state fire marshal and the board department shall jointly determine work territories, regions, or districts for inspectors and continuing education and ongoing training requirements applicable to inspectors. An inspector subject to disciplinary action pursuant to this subsection shall be entitled to an appeal according to the procedure set forth in section 103.34 and judicial review pursuant to section 17A.19.
   6.  The board department shall establish an internet-based licensure verification database for access by a state or local inspector for verification of licensee status. The database shall include the name of every person licensed under this chapter and a corresponding licensure number. Inspectors shall be authorized to request the name and license number of any person working at a job site subject to inspection for verification of licensee status. Licensees under this chapter shall be required to carry a copy of their current license and photo identification at all times when employed on a job site for compliance with this subsection.
    Sec. 144.  Section 103.32, subsection 1, Code 2017, is amended to read as follows:
   1.  All state electrical inspection fees shall be due and payable to the board department at or before commencement of the installation and shall be forwarded with the request for inspection. Inspection fees provided in this section shall not apply within the jurisdiction of any political subdivision if the political subdivision has adopted an ordinance or resolution pursuant to this chapter.
    Sec. 145.  Section 103.32, subsection 2, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   The board department shall establish the fees for inspections in amounts not to exceed:
    Sec. 146.  Section 103.33, Code 2017, is amended to read as follows:
   103.33  Condemnation or disconnection orders —— appeals —— disposition of orders pending appeal.
   1.  Any person aggrieved by a condemnation or disconnection order issued by the state fire marshal’s office may appeal from the order by filing a written notice of appeal with the board department within ten days after the date the order was served upon the property owner or within ten days after the order was filed with the board department, whichever is later.
   2.  Upon receipt of the notice of appeal from a condemnation or disconnection order because the electrical installation is proximately dangerous to health or property, the order appealed from shall not be stayed unless countermanded by the board department.
   3.  Upon receipt of notice of appeal from a condemnation or disconnection order because the electrical installation is not in compliance with accepted standards of construction for health safety and property safety, except as provided in subsection 2, the order appealed from shall be stayed until final decision of the board department and the board department shall notify the property owner and the electrical contractor, class A master electrician, class B master electrician, fire alarm installer, special electrician, or if established by the board department the residential master electrician, making the installation. The power supplier shall also be notified in those instances in which the order has been served on such supplier.
    Sec. 147.  Section 103.34, Code 2017, is amended to read as follows:
   103.34  Appeal procedures.
   1.  Upon receipt of a notice of appeal filed pursuant to section 103.33, the chairperson or executive secretary of the board department may designate a hearing officer from among the board members to hear the appeal or may set the matter for hearing before the full board at its next regular meeting. A majority of the board shall make the decision.
   2.  Upon receiving the notice of appeal filed pursuant to section 103.33, the board department shall notify all persons served with the order appealed from. Such persons may join in the hearing and give testimony in their own behalf. The board department shall set the hearing date on a date not more than fourteen days after receipt of the notice of appeal unless otherwise agreed by the interested parties and the board department.
    Sec. 148.  Section 103.35, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   The board, by a simple majority vote of the entire board, department may suspend for a period not exceeding two years, or revoke the certificate of licensure of, or reprimand any licensee who is found guilty of any of the following acts or offenses:
    Sec. 149.  Section 103.36, Code 2017, is amended to read as follows:
   103.36  Procedure.
   Proceedings for any action under section 103.35 shall be commenced by filing with the board department written charges against the accused. Upon the filing of charges, the board department shall conduct an investigation into the charges. The board department shall designate a time and place for a hearing, and shall notify the accused of this action and furnish the accused a copy of all charges at least thirty days prior to the date of the hearing. The accused has the right to appear personally or by counsel, to cross-examine witnesses, or to produce witnesses in defense.
    Sec. 150.  Section 103.38, Code 2017, is amended to read as follows:
   103.38  Criminal violations.
   A person who violates a permanent injunction issued pursuant to section 103.37 or presents or attempts to file as the person’s own the certificate of licensure of another, or who gives false or forged evidence of any kind to the board department in obtaining a certificate of licensure, or who falsely impersonates another practitioner of like or different name, or who uses or attempts to use a revoked certificate of licensure, is guilty of a fraudulent practice under chapter 714.
    Sec. 151.  Section 103.39, subsections 1, 3, 4, 5, and 7, Code 2017, are amended to read as follows:
   1.  In addition to any other penalties provided for in this chapter, the board department may by order impose a civil penalty upon a person who is not licensed under this chapter and who does any of the following:
   a.  Is employed in a capacity in which the person engages in or offers to engage in the activities authorized pursuant to this chapter.
   b.  Uses or employs the words “electrical contractor”, “class A master electrician”, “class B master electrician”, “class A journeyman electrician”, or “class B journeyman electrician”, or implies authorization to provide or offer those services, or otherwise uses or advertises any title, word, figure, sign, card, advertisement, or other symbol or description tending to convey the impression that the person is an “electrical contractor”, “class A master electrician”, “class B master electrician”, “class A journeyman electrician”, or “class B journeyman electrician”.
   c.  Gives false or forged evidence of any kind to the board or any member of the board department in obtaining or attempting to obtain a certificate of licensure.
   d.  Falsely impersonates any individual licensed pursuant to this chapter.
   e.  Uses or attempts to use an expired, suspended, revoked, or nonexistent certificate of licensure.
   f.  Knowingly aids or abets an unlicensed person who engages in any activity identified in this subsection.
   3.  In determining the amount of a civil penalty to be imposed, the board department may consider any of the following:
   a.  Whether the amount imposed will be a substantial economic deterrent to the violation.
   b.  The circumstances leading to the violation.
   c.  The severity of the violation and the risk of harm to the public.
   d.  The economic benefits gained by the violator as a result of noncompliance.
   e.  The interest of the public.
   4.  Before issuing an order under this section, the board department shall provide the person written notice and the opportunity to request a hearing on the record. The hearing must be requested within thirty days of the issuance of the notice and shall be conducted in the same manner as provided in section 103.36.
   5.  The board department, in connection with a proceeding under this section, may issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence, and may request the attorney general to bring an action to enforce the subpoena.
   7.  If a person fails to pay a civil penalty within thirty days after entry of an order under subsection 1, or if the order is stayed pending an appeal within ten days after the court enters a final judgment in favor of the board department, the board department shall notify the attorney general. The attorney general may commence an action to recover the amount of the penalty, including reasonable attorney fees and costs.
    Sec. 152.  Section 105.2, subsections 2, 4, 14, and 17, Code 2017, are amended to read as follows:
   2.  “Board” “Council” means the electrical, plumbing, and mechanical systems board advisory council as established pursuant to section 105.3 103.2.
   4.  “Department” means the Iowa department of public health safety created under chapter 80.
   14.  “Medical gas system installer” means any person who installs or repairs medical gas piping, components, and vacuum systems, including brazers, who has been issued a valid certification from the national inspection testing certification (NITC) corporation, or an equivalent authority approved by the board department.
   17.  “Routine maintenance” means the maintenance, repair, or replacement of existing fixtures or parts of plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic systems in which no changes in original design are made. Fixtures or parts do not include smoke and fire dampers, or water, gas, or steam piping permanent repairs except for traps or strainers. “Routine maintenance” shall include emergency repairs, and the board department shall define the term “emergency repairs” to include the repair of water pipes to prevent imminent damage to property. “Routine maintenance” does not include the replacement of furnaces, boilers, cooling appliances, or water heaters more than one hundred gallons in size.
    Sec. 153.  Section 105.4, subsection 1, paragraphs a and b, Code 2017, are amended to read as follows:
   a.  The board department shall establish by rule a plumbing installation code governing the installation of plumbing in this state. Consistent with fire safety rules and standards promulgated by the state fire marshal, the board department shall adopt the most current version of the uniform plumbing code and the international mechanical code, as the state plumbing code and the state mechanical code, to govern the installation of plumbing and mechanical systems in this state. The board department shall adopt the current version of each code within six months of its being released. The board department may adopt amendments to each code by rule. The board department shall work in consultation with the state fire marshal to ensure that proposed amendments do not conflict with the fire safety rules and standards promulgated by the state fire marshal. The state plumbing code and the state mechanical code shall be applicable to all buildings and structures owned by the state or an agency of the state and in each local jurisdiction.
   b.  Except as provided in paragraph “c”, a local jurisdiction is not required to adopt by ordinance the state plumbing code or the state mechanical code. However, a local jurisdiction that adopts by ordinance the state plumbing code or the state mechanical code may adopt standards that are more restrictive. A local jurisdiction that adopts standards that are more restrictive than the state plumbing code or the state mechanical code shall promptly provide copies of those standards to the board department. The board department shall maintain on its internet site the text of all local jurisdiction standards that differ from the applicable statewide code. Local jurisdictions shall not be required to conduct inspections or take any other enforcement action under the state plumbing code and state mechanical code regardless of whether the local jurisdiction has adopted by ordinance the state plumbing code or the state mechanical code.
    Sec. 154.  Section 105.4, subsection 2, Code 2017, is amended to read as follows:
   2.  The board department shall adopt all rules necessary to carry out the licensing and other provisions of this chapter.
    Sec. 155.  Section 105.5, subsections 1, 3, and 4, Code 2017, are amended to read as follows:
   1.  Any person desiring to take an examination for a license issued pursuant to this chapter shall make application to the board department in accordance with the rules of the board department. The application form shall be no longer than two pages in length, plus one security page. The board department may require that a recent photograph of the applicant be attached to the application.
   3.  The board department shall adopt rules relating to all of the following:
   a.  The qualifications required for applicants seeking to take examinations, which qualifications shall include a requirement that an applicant who is a contractor shall be required to provide the contractor’s state contractor registration number.
   b.  The denial of applicants seeking to take examinations.
   4.  The board department shall adopt an industry standardized examination for each license type. If a standardized examination is not available for a specified license type, the board department shall work with the appropriate testing vendor to create an examination for the specified license type.
    Sec. 156.  Section 105.9, subsections 1, 2, 3, 5, and 6, Code 2017, are amended to read as follows:
   1.  The board department shall set the fees for the examination of all applicants, by rule, which fees shall be based upon the cost of administering the examinations.
   2.  The board department shall set the license fees and renewal fees for all licenses issued pursuant to this chapter, by rule.
   3.  All fees collected under this chapter shall be retained by the board department. The moneys retained by the board department shall be used for any of the board’s department’s duties under this chapter, including but not limited to the addition of full-time equivalent positions for program services and investigations. Revenues retained by the board department pursuant to this section shall be considered repayment receipts as defined in section 8.2. Notwithstanding section 8.33, moneys retained by the board department pursuant to this section are not subject to reversion to the general fund of the state.
   5.  a.  The board department shall submit a report to the general assembly within sixty days following the end of each fiscal year. The reports shall include a balance sheet projection extending no less than three years. If the revenue projection exceeds expense projections by more than ten percent, the board department shall adjust their its fee schedules accordingly, so that projected revenues are no more than ten percent higher than projected expenses. The revised fees shall be implemented no later than January 1, 2013, and January 1 of each subsequent year.
   b.  A license fee for a combined license shall be the sum total of each of the separate license fees reduced by thirty percent.
   6.  The board department may charge a fee for an application required by this chapter and submitted on paper if an internet application process is available.
    Sec. 157.  Section 105.10, subsections 1 and 4, Code 2017, are amended to read as follows:
   1.  Except as provided in section 105.11, a person shall not operate as a contractor or install or repair plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic systems without obtaining a license issued by the board department, or install or repair medical gas piping systems without obtaining a valid certification approved by the board department.
   4.  The board department shall adopt rules to allow a grace period for a contractor to operate a business described in subsection 2 without employing a licensed master.
    Sec. 158.  Section 105.12, Code 2017, is amended to read as follows:
   105.12  Form of license.
   1.  A contracting, plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic license shall be in the form of a certificate under the seal of the department, signed by the director of public health, and shall be issued in the name of the board department. The license number shall be noted on the face of the license.
   2.  In addition to the certificate, the board department shall provide each licensee with a wallet-sized licensing identification card.
    Sec. 159.  Section 105.16, Code 2017, is amended to read as follows:
   105.16  Change of residence.
   If a person licensed to practice as a contractor or a plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic professional under this chapter changes the person’s residence or place of practice, the person shall so notify the board department.
    Sec. 160.  Section 105.18, Code 2017, is amended to read as follows:
   105.18  Qualifications and types of licenses issued.
   1.  General qualifications.  The board department shall adopt, by rule, general qualifications for licensure. The board department may consider the past felony record of an applicant only if the felony conviction relates to the practice of the profession for which the applicant requests to be licensed. References may be required as part of the licensing process.
   2.  Plumbing, mechanical, HVAC-refrigeration, sheet metal, and hydronic licenses and contractor licenses.  The board department shall issue master licenses for plumbing, mechanical, HVAC-refrigeration, and hydronic professionals. The board department shall issue journeyperson licenses for plumbing, mechanical, HVAC-refrigeration, sheet metal, and hydronic professionals. A plumbing license shall allow an individual to perform work defined as plumbing. A mechanical license shall allow an individual to perform work defined as HVAC, refrigeration, sheet metal, and hydronic. An HVAC-refrigeration license shall allow an individual to perform work defined as HVAC and refrigeration. A hydronic license shall allow an individual to perform work defined as hydronic. A sheet metal license shall allow an individual to perform work defined as sheet metal. The board department shall issue the separate licenses as follows:
   a.  Apprentice license.  In order to be licensed by the board department as an apprentice, a person shall do all of the following:
   (1)  File an application, which application shall establish that the person meets the minimum requirements adopted by the board department.
   (2)  Certify that the person will work under the supervision of a licensed journeyperson or master in the applicable discipline.
   (3)  Be enrolled in an applicable apprentice program which is registered with the United States department of labor office of apprenticeship.
   b.  Journeyperson license.
   (1)  In order to be licensed by the board department as a journeyperson in the applicable discipline, a person shall do all of the following:
   (a)  File an application and pay application fees as established by the board department, which application shall establish that the person meets the minimum educational and experience requirements adopted by the board department.
   (b)  Pass the state journeyperson licensing examination in the applicable discipline.
   (c)  Provide the board department with evidence of having completed at least four years of practical experience as an apprentice. Commencing January 1, 2010, the four years of practical experience required by this subparagraph division must be an apprenticeship training program registered by the United States department of labor office of apprenticeship.
   (2)  A person may simultaneously hold an active journeyperson license and an inactive master license.
   (3)  An individual who has passed both the journeyperson HVAC-refrigeration examination and the journeyperson hydronic examination separately shall be qualified to be issued a journeyperson mechanical license without having to pass the journeyperson mechanical examination.
   c.  Master license.
   (1)  In order to be licensed by the board department as a master, a person shall do all of the following:
   (a)  File an application and pay application fees as established by the board department, which application shall establish that the person meets the minimum educational and experience requirements adopted by the board department.
   (b)  Pass the state master licensing examination for the applicable discipline.
   (c)  Provide evidence to the board department that the person has previously been a licensed journeyperson or master in the applicable discipline.
   (2)  An individual who has passed both the master HVAC-refrigeration examination and the master hydronic examination separately shall be qualified to be issued a master mechanical license without having to pass the master mechanical examination.
   d.  Contractor license.  In order to be licensed by the board department as a contractor, a person shall do all of the following:
   (1)  File an application and pay application fees as established by the board department and establish that the person meets the minimum requirements adopted by the board department. Through June 30, 2017, the application shall include the person’s state contractor registration number. After July 1, 2017, the application shall include proof of workers compensation insurance coverage, proof of unemployment insurance compliance, and, for out-of-state contractors, a bond as described in chapter 91C.
   (2)  Maintain a permanent place of business.
   (3)  Hold a master license or employ at least one person holding a master license under this chapter.
   3.  Combined licenses, restricted licenses.
   a.  The board department may issue single or combined licenses to persons who qualify as a contractor, master, journeyperson, or apprentice under any of the disciplines.
   b.  Special, restricted license. The board department may by rule provide for the issuance of special plumbing and mechanical professional licenses authorizing the licensee to engage in a limited class or classes of plumbing or mechanical professional work, which class or classes shall be specified on the license. Each licensee shall have experience, acceptable to the board department, in each such limited class for which the person is licensed. The board department shall designate each special, restricted license to be a sublicense of either a plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic license. A special, restricted license may be a sublicense of multiple types of licenses. An individual holding a master or journeyperson, plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic license shall not be required to obtain any special, restricted license which is a sublicense of the license that the individual holds. Special plumbing and mechanical professional licenses shall be issued to employees of a rate-regulated gas or electric public utility who conduct the repair of appliances. “Repair of appliances” means the repair or replacement of mechanical connections between the appliance shutoff valve and the appliance and repair of or replacement of parts to the appliance. Such special, restricted license shall require certification pursuant to industry-accredited certification standards.
   c.  The board department shall establish a special, restricted license fee at a reduced rate, consistent with any other special, restricted license fees.
   d.  An individual that holds either a master or journeyperson mechanical license or a master or journeyperson HVAC-refrigeration license shall be exempt from having to obtain a special electrician’s license pursuant to chapter 103 in order to disconnect and reconnect existing air conditioning and refrigeration systems.
   4.  Waiver for military service.  Notwithstanding section 17A.9A, the board department shall waive the written examination requirements and prior experience requirements in subsection 2, paragraph “b”, subparagraph (1), and subsection 2, paragraph “c”, for a journeyperson or master license if the applicant meets all of the following requirements:
   a.  Is an active or retired member of the United States military.
   b.  Provides documentation that the applicant was deployed on active duty during any portion of the time period of July 1, 2008, through December 31, 2009.
   c.  Provides documentation that shows the applicant has previously passed an examination which the board department deems substantially similar to the examination for a journeyperson license or a master license, as applicable, issued by the board department, or provides documentation that shows the applicant has previously been licensed by a state or local governmental jurisdiction in the same trade and trade level.
    Sec. 161.  Section 105.19, subsections 1 and 3, Code 2017, are amended to read as follows:
   1.  An applicant for a contractor license or renewal of an active contractor license shall provide evidence of a public liability insurance policy and surety bond in an amount determined sufficient by the board department by rule.
   3.  The insurance and surety bond shall be written by an entity licensed to do business in this state and each licensed contractor shall maintain on file with the board department a certificate evidencing the insurance providing that the insurance or surety bond shall not be canceled without the entity first giving ten days’ written notice to the board department.
    Sec. 162.  Section 105.20, subsections 2, 4, and 5, Code 2017, are amended to read as follows:
   2.  A license issued under this chapter may be renewed as provided by rule adopted by the board department upon application by the licensee, without examination. Applications for renewal shall be made to the board department, accompanied by the required renewal licensing fee, at least thirty days prior to the expiration date of the license.
   4.  The board department shall, by rule, establish a reinstatement process for a licensee who allows a license to lapse, including reasonable penalties.
   5.  a.  The board department shall establish continuing education requirements pursuant to section 272C.2. The basic continuing education requirement for renewal of a license shall be the completion, during the immediately preceding license term, of the number of classroom hours of instruction required by the board department in courses or seminars which have been approved by the board department. The board department shall require at least eight classroom hours of instruction during each three-year licensing term.
   b.  A licensee shall have a thirty-day grace period after expiration of the licensing term to complete all requirements necessary for license renewal without penalty.
    Sec. 163.  Section 105.21, Code 2017, is amended to read as follows:
   105.21  Reciprocal licenses.
   The board department may license without examination a nonresident applicant who is licensed under plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic professional licensing statutes of another state having similar licensing requirements as those set forth in this chapter and the rules adopted under this chapter if the other state grants the same reciprocal licensing privileges to residents of Iowa who have obtained Iowa plumbing or mechanical professional licenses under this chapter. The board department shall adopt the necessary rules, not inconsistent with the law, for carrying out the reciprocal relations with other states which are authorized by this chapter.
    Sec. 164.  Section 105.22, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   A license to practice as a contractor or as a plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic professional may be revoked or suspended, or an application for licensure may be denied pursuant to procedures established pursuant to chapter 272C by the board department, or the licensee may be otherwise disciplined in accordance with that chapter, when the licensee commits any of the following acts or offenses:
    Sec. 165.  Section 105.22, subsection 10, Code 2017, is amended to read as follows:
   10.  Any other such grounds as established by rule by the board department.
    Sec. 166.  Section 105.23, Code 2017, is amended to read as follows:
   105.23  Jurisdiction of revocation and suspension proceedings.
   The board department shall have exclusive jurisdiction of all proceedings to revoke or suspend a license issued pursuant to this chapter. The board department may initiate proceedings under this chapter or chapter 272C, following procedures set out in section 272C.6, either on its own motion or on the complaint of any person. The board department, in connection with a proceeding under this chapter, may issue subpoenas to compel attendance and testimony of witnesses and the disclosure of evidence, and may request the attorney general to bring an action to enforce the subpoena.
    Sec. 167.  Section 105.24, Code 2017, is amended to read as follows:
   105.24  Notice and default.
   1.  A written notice stating the nature of the charge or charges against a licensee and the time and place of the hearing before the board department on the charges shall be served on the licensee not less than thirty days prior to the date of hearing either personally or by mailing a copy by certified mail to the last known address of the licensee.
   2.  If, after having been served with the notice of hearing, the licensee fails to appear at the hearing, the board department may proceed to hear evidence against the licensee and may enter such order as is justified by the evidence.
    Sec. 168.  Section 105.27, subsections 1 and 3, Code 2017, are amended to read as follows:
   1.  In addition to any other penalties provided for in this chapter, the board department may, by order, impose a civil penalty, not to exceed five thousand dollars per offense, upon a person violating any provision of this chapter. Each day of a continued violation constitutes a separate offense, except that offenses resulting from the same or common facts or circumstances shall be considered a single offense. Before issuing an order under this section, the board department shall provide the person written notice and the opportunity to request a hearing on the record. The hearing must be requested within thirty days of the issuance of the notice.
   3.  If a person fails to pay a civil penalty within thirty days after entry of an order under subsection 1 or, if the order is stayed pending an appeal, within ten days after the court enters a final judgment in favor of the board department, the board department shall notify the attorney general. The attorney general may commence an action to recover the amount of the penalty, including reasonable attorney fees and costs.
    Sec. 169.  Section 105.28, Code 2017, is amended to read as follows:
   105.28  Enforcement.
   The board department shall enforce the provisions of this chapter. Every licensee and member of the board shall furnish the board department such evidence as the licensee or member may have relative to any alleged violation which is being investigated.
    Sec. 170.  Section 105.29, Code 2017, is amended to read as follows:
   105.29  Report of violators.
   Every licensee and every member of the board shall report to the board department the name of every person who is practicing as a contractor or as a plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic professional without a license issued pursuant to this chapter pursuant to the knowledge or reasonable belief of the person making the report. The opening of an office or place of business for the purpose of providing any services for which a license is required by this chapter, the announcing to the public in any way the intention to provide any such service, the use of any professional designation, or the use of any sign, card, circular, device, vehicle, or advertisement, as a provider of any such services shall be prima facie evidence of engaging in the practice of a contractor or a plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic professional.
    Sec. 171.  Section 105.30, Code 2017, is amended to read as follows:
   105.30  Attorney general.
   Upon request of the board department, the attorney general shall institute in the name of the state the proper proceedings against any person charged by the department with violating any provision of this chapter.
    Sec. 172.  Section 272C.1, subsection 6, paragraph ae, Code 2017, is amended by striking the paragraph and inserting in lieu thereof the following:
   ae.  The department of public safety, in licensing electricians, plumbers, mechanical professionals, contractors, and other professionals licensed pursuant to chapters 103 and 105.
    Sec. 173.  Section 331.301, subsection 6, paragraph b, Code 2017, is amended to read as follows:
   b.  A county shall not impose any fee or charge on any individual or business licensed by the plumbing and mechanical systems board department of public safety for the right to perform plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic systems work within the scope of the license. This paragraph does not prohibit a county from charging fees for the issuance of permits for, and inspections of, work performed in its jurisdiction.
    Sec. 174.  Section 364.3, subsection 3, paragraph b, Code 2017, is amended to read as follows:
   b.  A city shall not impose any fee or charge on any individual or business licensed by the plumbing and mechanical systems board department of public safety for the right to perform plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic systems work within the scope of the license. This paragraph does not prohibit a city from charging fees for the issuance of permits for, and inspections of, work performed in its jurisdiction.
    Sec. 175.  REPEAL.  Sections 103.5, 105.1, and 105.3, Code 2017, are repealed.
    Sec. 176.  TRANSITION PROVISIONS.
   1.  Any rule, regulation, form, order, or directive promulgated by the electrical examining board or the plumbing and mechanical systems board as required to administer and enforce the provisions of chapters 103 and 105, Code 2017, shall continue in full force and effect until amended, repealed, or supplemented by affirmative action of the department of public safety.
   2.  Any moneys remaining in any account or fund under the control of the electrical examining board or the plumbing and mechanical systems board on the effective date of this division of this Act and relating to the provisions of this division of this Act shall be transferred to a comparable fund or account under the control of the department of public safety for such purposes. Notwithstanding section 8.33, the moneys transferred in accordance with this subsection shall not revert to the account or fund from which appropriated or transferred.
   3.  The electrical examining board and the plumbing and mechanical systems board shall assist the department of public safety in implementing this division of this Act by providing for an effective transition of powers and duties from the boards to the department under chapters 103 and 105 and related administrative rules. Such assistance shall include but is not limited to assisting in cooperating with federal agencies.
   4.  Any replacement of signs, logos, stationery, insignia, uniforms, and related items that is made due to the effect of this division of this Act shall be done as part of the normal replacement cycle for such items.
   5.  The license of a person licensed by the electrical examining board or the plumbing and mechanical systems board on the effective date of this division of this Act shall remain in effect upon the transition of regulatory authority from the boards to the department of public safety in accordance with this division of this Act.
   6.  Control of the plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic registry created in section 105.15 shall be transferred from the department of public health to the department of public safety.
   7.  An administrative hearing or court proceeding arising out of an enforcement action under chapter 103 or 105 or related administrative rules pending on the effective date of this division of this Act shall not be affected by this division of this Act. Any cause of action or statute of limitation relating to an action taken by the electrical examining board or the plumbing and mechanical systems board shall not be affected by this division of this Act and such cause of action or statute of limitation shall apply to the department of public safety.
DIVISION V
OUT-OF-STATE LICENSURE APPLICANTS TO BOARD OF EDUCATIONAL EXAMINERS

    Sec. 177.  Section 272.8, subsection 1, Code 2017, is amended to read as follows:
   1.  The board may shall issue a an initial license, as established by the board by rule, to an applicant from another state or country if the applicant files evidence of the possession of the required or equivalent requirements with the board. If the applicant is the spouse of a military person who is on duty or in active state duty as defined in section 29A.1, subsections 10 and 12, the board shall assign a consultant to be the single point of contact for the applicant regarding nontraditional licensure.
DIVISION VI
LICENSING MORATORIUM

    Sec. 178.  NEW SECTION.  7E.4A  Professional regulation.
   An executive branch administrative unit shall not assess a fee, require authorization to practice, or otherwise impose regulations on a profession if the administrative unit did not regulate the profession prior to July 1, 2017.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to certain state regulations, including certificate of need requirements, the practice of certain professions, and the oversight of state preserves. The bill is organized into divisions.
   CERTIFICATE OF NEED REQUIREMENT. This division removes the requirement for a hospital to apply to the Iowa department of public health for a certificate of need prior to the offering or development of a new or changed institutional health service unless the hospital plans to expand its swing-bed capacity above 25 beds or plans to add any nursing facility beds or skilled nursing beds. 
   The division exempts facilities that provide services to a person with a primary diagnosis of mental illness, as defined in Code section 229.1, from the certificate of need requirement.
   The division takes effect July 1, 2019, except that the certificate of need exemption for facilities that provide services to a person with a primary diagnosis of mental illness takes effect upon enactment.
   REPEALS OF CERTAIN BOARDS —— CONFORMING AMENDMENTS.  This division eliminates the following boards and removes all licensing and registration requirements for their regulated professions: the board of respiratory care and polysomnography, the board of massage therapy, the board of hearing aid specialists, the board of barbering, and the interior design examining board.
   The division removes licensing requirements and imposes registration requirements for the following professions: dietitians, athletic trainers, funeral directors, mental health counselors, marital and family therapists, social workers, speech pathologists, and audiologists.
   The division requires dietitians, funeral directors, mental health counselors, marital and family therapists, and social workers to register with the department of public health, athletic trainers with the board of educational examiners, and speech pathologists and audiologists with the board of medicine. The division removes licensing requirements for prosthetists, orthotists, and pedorthists and does not require registration, but retains the board of podiatry.
   The division removes tooth whitening from the practice of dentistry as provided in Code section 153.13.
   REPEAL OF STATE ADVISORY BOARD FOR PRESERVES. This division eliminates the state advisory board for preserves and assigns the duties of the board to the natural resource commission of the department of natural resources.
   ELECTRICAL EXAMINING BOARD AND PLUMBING AND MECHANICAL SYSTEMS BOARD MERGER. This division combines the duties of the electrical examining board with the plumbing and mechanical systems board to create the electrical, plumbing, and mechanical systems advisory council under the department of public safety, which will regulate the licensure of electricians, plumbers, and other professionals currently licensed by both boards. 
   LICENSING MORATORIUM. This division prohibits an executive branch administrative unit from imposing new licensing regulations for a profession not regulated prior to July 1, 2017.
   OUT-OF-STATE APPLICANTS TO BOARD OF EDUCATIONAL EXAMINERS.  This division requires the board of educational examiners to issue a license to an applicant who holds a license in another jurisdiction. 
   The bill makes numerous conforming changes throughout the Code to reflect all of these changes and provides transition provisions for the transfer of rules, licenses, fees, funds, forms, and other items between the various boards and departments.