House Study Bill 560 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BEST) A BILL FOR An Act authorizing a licensed physical therapist to provide 1 a statement for purposes of persons with disabilities 2 special registration plates and parking permits, and making 3 penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5647YC (2) 89 th/ns
H.F. _____ 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 of 11 accessibility. The special registration plates with a persons 12 with disabilities processed emblem shall only be issued if the 13 application is accompanied with a statement from a physician 14 licensed under chapter 148 or 149 , a physician assistant 15 licensed under chapter 148C , an advanced registered nurse 16 practitioner licensed under chapter 152 , or a chiropractor 17 licensed under chapter 151 , or a physical therapist licensed 18 under chapter 148A, written on the physician’s, physician 19 assistant’s, nurse practitioner’s, or chiropractor’s , or 20 physical therapist’s stationery, stating the nature of the 21 applicant’s or the applicant’s child’s disability and such 22 additional information as required by rules adopted by the 23 department, including proof of residency of a child who is 24 a person with a disability. If the application is approved 25 by the department, the special registration plates with a 26 persons with disabilities processed emblem shall be issued 27 to the applicant. There shall be no fee in addition to the 28 regular annual registration fee for the special registration 29 plates with a persons with disabilities processed emblem. The 30 authorization for special registration plates with a persons 31 with disabilities processed emblem shall not be renewed 32 without the applicant furnishing evidence to the department 33 that the owner of the vehicle or the owner’s child is still 34 a person with a disability as defined in section 321L.1 . An 35 -1- LSB 5647YC (2) 89 th/ns 1/ 5
H.F. _____ owner who has a child who is a person with a disability shall 1 provide satisfactory evidence to the department that the 2 child with a disability continues to reside with the owner. 3 The registration plates with a persons with disabilities 4 processed emblem shall be surrendered in exchange for regular 5 registration plates as provided in subsection 12 when the owner 6 of the vehicle or the owner’s child no longer qualifies as a 7 person with a disability as defined in section 321L.1 or when 8 the owner’s child who is a person with a disability no longer 9 resides with the owner. 10 Sec. 2. Section 321L.2, subsection 1, unnumbered paragraph 11 1, Code 2022, is amended to read as follows: 12 A resident of the state with a disability desiring a persons 13 with disabilities parking permit shall apply to the department 14 upon an application form furnished by the department providing 15 the applicant’s full legal name, address, date of birth, and 16 social security number or Iowa driver’s license number or 17 Iowa nonoperator’s identification card number, and shall also 18 provide a statement from a physician licensed under chapter 19 148 or 149 , a physician assistant licensed under chapter 148C , 20 an advanced registered nurse practitioner licensed under 21 chapter 152 , or a chiropractor licensed under chapter 151 , or a 22 physical therapist licensed under chapter 148A, or a physician, 23 physician assistant, nurse practitioner, or chiropractor , 24 or physical therapist licensed to practice in a contiguous 25 state, written on the physician’s, physician assistant’s, nurse 26 practitioner’s, or chiropractor’s , or physical therapist’s 27 stationery, stating the nature of the applicant’s disability 28 and such additional information as required by rules adopted by 29 the department under section 321L.8 . If the person is applying 30 for a temporary persons with disabilities parking permit, the 31 physician’s, physician assistant’s, nurse practitioner’s, or 32 chiropractor’s , or physical therapist’s statement shall state 33 the period of time during which the person is expected to be 34 disabled and the period of time for which the permit should be 35 -2- LSB 5647YC (2) 89 th/ns 2/ 5
H.F. _____ issued, not to exceed six months. The department may waive the 1 requirement that the applicant furnish the applicant’s social 2 security number, Iowa driver’s license number, or nonoperator’s 3 identification card number when the application for a temporary 4 persons with disabilities parking permit is made on behalf of 5 a person who is less than one year old. The department may 6 accept a certification of disability from the United States 7 department of veterans affairs in lieu of a statement from 8 a physician, physician assistant, advanced registered nurse 9 practitioner, or chiropractor , or physical therapist . The 10 department may adopt rules pursuant to chapter 17A detailing 11 the requirements for an acceptable certification of disability. 12 Sec. 3. Section 321L.2, subsection 1, paragraph a, 13 subparagraph (3), subparagraph division (a), unnumbered 14 paragraph 1, Code 2022, is amended to read as follows: 15 A person with a disability may apply for a temporary 16 removable windshield placard valid for a period of up to six 17 months or a standard removable windshield placard valid for 18 a period of five years, as determined by the physician’s, 19 physician assistant’s, nurse practitioner’s, or chiropractor’s , 20 or physical therapist’s statement under this subsection . 21 Sec. 4. Section 321L.2, subsection 1, paragraph a, 22 subparagraph (3), subparagraph division (a), subparagraph 23 subdivision (ii), Code 2022, is amended to read as follows: 24 (ii) A standard removable windshield placard shall expire 25 on the last day of the month five years from the date of 26 issuance. A person with a disability may renew a standard 27 removable windshield placard within thirty days before or 28 after the date of expiration by submitting a statement from 29 a physician, physician’s assistant, nurse practitioner, or 30 chiropractor, or physical therapist, as provided in this 31 subsection , to the department that the person has a continuing 32 need for the placard. 33 Sec. 5. Section 321L.2, subsection 2, Code 2022, is amended 34 to read as follows: 35 -3- LSB 5647YC (2) 89 th/ns 3/ 5
H.F. _____ 2. Any person providing false information with the intent 1 to defraud on the application for a persons with disabilities 2 parking permit used in establishing proof under subsection 1 3 is subject to a civil penalty of three hundred dollars which 4 may be imposed by the department. A physician, physician 5 assistant, nurse practitioner, or chiropractor , or physical 6 therapist who provides false information with the intent to 7 defraud on the physician’s, physician assistant’s, nurse 8 practitioner’s, or chiropractor’s , or physical therapist’s 9 statement used in establishing proof under subsection 1 is 10 subject to a civil penalty of three hundred dollars which 11 may be imposed by the department. In addition to the civil 12 penalty, the department shall revoke the permit issued pursuant 13 to this section . 14 Sec. 6. Section 321L.2A, subsection 1, paragraph e, Code 15 2022, is amended to read as follows: 16 e. The person carries in the motor vehicle a copy of the 17 statement from a physician, physician assistant, advanced 18 registered nurse practitioner, or chiropractor , or physical 19 therapist which accompanied the person’s application for 20 persons with disabilities registration plates under section 21 321.34 or other persons with disabilities parking permit under 22 section 321L.2 and which indicates the person is permanently 23 unable to walk. The person shall show the copy of the 24 statement to any peace officer upon request. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 Under current law, persons with disabilities may submit 29 an application to the department of transportation (DOT) for 30 persons with disabilities special registration plates and 31 parking permits. An application must provide a statement from 32 an Iowa licensed physician, physician assistant, advanced 33 registered nurse practitioner, or chiropractor (both plates 34 and permits), or a physician, physician assistant, nurse 35 -4- LSB 5647YC (2) 89 th/ns 4/ 5
H.F. _____ practitioner, or chiropractor licensed to practice in a 1 contiguous state (permits only), written on the physician’s, 2 physician assistant’s, nurse practitioner’s, or chiropractor’s 3 stationery, stating the nature of the person’s disability and 4 such additional information as required by DOT rules. 5 A person with a disability may apply for a temporary 6 removable windshield placard valid for up to six months or a 7 standard removable windshield placard valid for five years, 8 as determined by the statement. If a person applies for 9 a temporary persons with disabilities parking permit, the 10 statement must specify the period of time during which the 11 person is expected to be disabled and the period of time for 12 which the permit should be issued, so long as the period of 13 time does not exceed six months. 14 This bill authorizes a physical therapist licensed under 15 Code chapter 148A to provide the required statement for both 16 plates and permits, and a physical therapist licensed in a 17 contiguous state to provide the required statement for permits. 18 A physical therapist who provides false information on the 19 statement with the intent to defraud is subject to a civil 20 penalty of $300. 21 -5- LSB 5647YC (2) 89 th/ns 5/ 5