House File 2259 - Introduced HOUSE FILE 2259 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 560) A BILL FOR An Act authorizing licensed occupational therapists, licensed 1 physical therapists, and certain medical professionals 2 licensed in other states to provide a statement for purposes 3 of persons with disabilities special registration plates or 4 parking permits, and making penalties applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5647HV (3) 89 th/ns

H.F. 2259 Section 1. Section 321.34, subsection 14, Code 2022, is 1 amended to read as follows: 2 14. Persons with disabilities special plates. An owner 3 referred to in subsection 12 or an owner of a trailer used 4 to transport a wheelchair who is a person with a disability, 5 or who is the parent or guardian of a child who resides 6 with the parent or guardian owner and who is a person with a 7 disability, as defined in section 321L.1 , may, upon written 8 application to the department, order special registration 9 plates with a persons with disabilities processed emblem 10 designed by the department bearing the international symbol 11 of accessibility. The special registration plates with a 12 persons with disabilities processed emblem shall only be 13 issued if the application is accompanied with a statement 14 from a physician licensed under chapter 148 or 149 , a 15 physician assistant licensed under chapter 148C , an advanced 16 registered nurse practitioner licensed under chapter 152 , or 17 a chiropractor licensed under chapter 151 , an occupational 18 therapist licensed under chapter 148B, or a physical therapist 19 licensed under chapter 148A, written on the physician’s, 20 physician assistant’s, nurse practitioner’s, or chiropractor’s , 21 occupational therapist’s, or physical therapist’s stationery, 22 stating the nature of the applicant’s or the applicant’s 23 child’s disability and such additional information as required 24 by rules adopted by the department, including proof of 25 residency of a child who is a person with a disability. If 26 the application is approved by the department, the special 27 registration plates with a persons with disabilities processed 28 emblem shall be issued to the applicant. There shall be no 29 fee in addition to the regular annual registration fee for the 30 special registration plates with a persons with disabilities 31 processed emblem. The authorization for special registration 32 plates with a persons with disabilities processed emblem shall 33 not be renewed without the applicant furnishing evidence to 34 the department that the owner of the vehicle or the owner’s 35 -1- LSB 5647HV (3) 89 th/ns 1/ 5

H.F. 2259 child is still a person with a disability as defined in 1 section 321L.1 . An owner who has a child who is a person 2 with a disability shall provide satisfactory evidence to the 3 department that the child with a disability continues to reside 4 with the owner. The registration plates with a persons with 5 disabilities processed emblem shall be surrendered in exchange 6 for regular registration plates as provided in subsection 7 12 when the owner of the vehicle or the owner’s child no 8 longer qualifies as a person with a disability as defined in 9 section 321L.1 or when the owner’s child who is a person with a 10 disability no longer resides with the owner. 11 Sec. 2. Section 321L.2, subsection 1, unnumbered paragraph 12 1, Code 2022, is amended to read as follows: 13 A resident of the state with a disability desiring a 14 persons with disabilities parking permit shall apply to the 15 department upon an application form furnished by the department 16 providing the applicant’s full legal name, address, date of 17 birth, and social security number or Iowa driver’s license 18 number or Iowa nonoperator’s identification card number, and 19 shall also provide a statement from a physician licensed 20 under chapter 148 or 149 , a physician assistant licensed 21 under chapter 148C , an advanced registered nurse practitioner 22 licensed under chapter 152 , or a chiropractor licensed under 23 chapter 151 , an occupational therapist licensed under chapter 24 148B, or a physical therapist licensed under chapter 148A, 25 or a physician, physician assistant, nurse practitioner, or 26 chiropractor , occupational therapist, or physical therapist 27 licensed to practice in a contiguous another state, written on 28 the physician’s, physician assistant’s, nurse practitioner’s, 29 or chiropractor’s , occupational therapist’s, or physical 30 therapist’s stationery, stating the nature of the applicant’s 31 disability and such additional information as required by 32 rules adopted by the department under section 321L.8 . If the 33 person is applying for a temporary persons with disabilities 34 parking permit, the physician’s, physician assistant’s, nurse 35 -2- LSB 5647HV (3) 89 th/ns 2/ 5

H.F. 2259 practitioner’s, or chiropractor’s , occupational therapist’s, 1 or physical therapist’s statement shall state the period of 2 time during which the person is expected to be disabled and 3 the period of time for which the permit should be issued, 4 not to exceed six months. The department may waive the 5 requirement that the applicant furnish the applicant’s social 6 security number, Iowa driver’s license number, or nonoperator’s 7 identification card number when the application for a temporary 8 persons with disabilities parking permit is made on behalf of 9 a person who is less than one year old. The department may 10 accept a certification of disability from the United States 11 department of veterans affairs in lieu of a statement from 12 a physician, physician assistant, advanced registered nurse 13 practitioner, or chiropractor , occupational therapist, or 14 physical therapist . The department may adopt rules pursuant 15 to chapter 17A detailing the requirements for an acceptable 16 certification of disability. 17 Sec. 3. Section 321L.2, subsection 1, paragraph a, 18 subparagraph (3), subparagraph division (a), unnumbered 19 paragraph 1, Code 2022, is amended to read as follows: 20 A person with a disability may apply for a temporary 21 removable windshield placard valid for a period of up to six 22 months or a standard removable windshield placard valid for 23 a period of five years, as determined by the physician’s, 24 physician assistant’s, nurse practitioner’s, or chiropractor’s , 25 occupational therapist’s, or physical therapist’s statement 26 under this subsection . 27 Sec. 4. Section 321L.2, subsection 1, paragraph a, 28 subparagraph (3), subparagraph division (a), subparagraph 29 subdivision (ii), Code 2022, is amended to read as follows: 30 (ii) A standard removable windshield placard shall expire 31 on the last day of the month five years from the date of 32 issuance. A person with a disability may renew a standard 33 removable windshield placard within thirty days before or 34 after the date of expiration by submitting a statement from 35 -3- LSB 5647HV (3) 89 th/ns 3/ 5

H.F. 2259 a physician, physician’s assistant, nurse practitioner, or 1 chiropractor, occupational therapist, or physical therapist, as 2 provided in this subsection , to the department that the person 3 has a continuing need for the placard. 4 Sec. 5. Section 321L.2, subsection 2, Code 2022, is amended 5 to read as follows: 6 2. Any person providing false information with the intent 7 to defraud on the application for a persons with disabilities 8 parking permit used in establishing proof under subsection 1 9 is subject to a civil penalty of three hundred dollars which 10 may be imposed by the department. A physician, physician 11 assistant, nurse practitioner, or chiropractor , occupational 12 therapist, or physical therapist who provides false information 13 with the intent to defraud on the physician’s, physician 14 assistant’s, nurse practitioner’s, or chiropractor’s , 15 occupational therapist’s, or physical therapist’s statement 16 used in establishing proof under subsection 1 is subject to a 17 civil penalty of three hundred dollars which may be imposed 18 by the department. In addition to the civil penalty, the 19 department shall revoke the permit issued pursuant to this 20 section . 21 Sec. 6. Section 321L.2A, subsection 1, paragraph e, Code 22 2022, is amended to read as follows: 23 e. The person carries in the motor vehicle a copy of the 24 statement from a physician, physician assistant, advanced 25 registered nurse practitioner, or chiropractor , occupational 26 therapist, or physical therapist which accompanied the person’s 27 application for persons with disabilities registration plates 28 under section 321.34 or other persons with disabilities parking 29 permit under section 321L.2 and which indicates the person is 30 permanently unable to walk. The person shall show the copy of 31 the statement to any peace officer upon request. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -4- LSB 5647HV (3) 89 th/ns 4/ 5

H.F. 2259 Under current law, persons with disabilities may submit 1 an application to the department of transportation (DOT) for 2 persons with disabilities special registration plates and 3 parking permits. An application must provide a statement from 4 an Iowa licensed physician, physician assistant, advanced 5 registered nurse practitioner, or chiropractor (both plates 6 and permits), or a physician, physician assistant, nurse 7 practitioner, or chiropractor licensed to practice in a 8 contiguous state (permits only), written on the medical 9 professional’s stationery, stating the nature of the person’s 10 disability and such additional information as required by DOT 11 rules. 12 A person with a disability may apply for a temporary 13 removable windshield placard valid for up to six months or a 14 standard removable windshield placard valid for five years, 15 as determined by the statement. If a person applies for 16 a temporary persons with disabilities parking permit, the 17 statement must specify the period during which the person is 18 expected to be disabled and the period for which the permit 19 should be issued, so long as the period does not exceed six 20 months. 21 This bill authorizes an occupational therapist licensed 22 under Code chapter 148B and a physical therapist licensed under 23 Code chapter 148A to provide the required statement for both 24 plates and permits. The bill authorizes a physician, physician 25 assistant, nurse practitioner, chiropractor, occupational 26 therapist, and physical therapist licensed in another state, 27 rather than a contiguous state, to provide the required 28 statement for permits. A medical professional who provides 29 false information on the statement with the intent to defraud 30 is subject to a civil penalty of $300. 31 -5- LSB 5647HV (3) 89 th/ns 5/ 5