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Senate Study Bill 3077 - IntroducedA Bill ForAn Act 1relating to the practice of licensed professions
2and the duties of the professional licensing boards,
3including applications, renewals, and fees, and including
4applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 89.9, Code 2026, is amended to read as
2follows:
389.9 Disposal of fees.
4All fees provided for in this chapter shall be collected
5by the director and remitted to the treasurer of state, to
6be deposited in the licensing and regulation fund created in
7section 10A.507, together with an itemized statement showing
8the source of collection.
9 Sec. 2. Section 89.14, subsections 4 and 8, Code 2026, are
10amended to read as follows:
114. The members of the board shall select a chairperson, vice
12chairperson, and secretary from their membership. However,
13neither the director nor the director’s designee shall serve
14as chairperson. The board shall meet at least quarterly but
15may meet as often as necessary. Meetings shall be set by a
16majority of the board or upon the call of the chairperson,
17or in the chairperson’s absence, upon the call of the vice
18chairperson. A majority of the board members who are currently
19serving shall constitute a quorum.
208. The board department shall establish fees for
21examinations, inspections, annual statements, shop inspections,
22and other services. The fees shall reflect the actual costs
23and expenses necessary to operate the board and perform the
24duties of the director.
25 Sec. 3. Section 89A.3, subsection 2, paragraph i, Code 2026,
26is amended by striking the paragraph.
27 Sec. 4. Section 89A.13, subsection 4, Code 2026, is amended
28to read as follows:
294. The members of the safety board shall select a
30chairperson, vice chairperson, and a secretary from their
31membership. However, neither the director nor the director’s
32designee shall serve as chairperson. The safety board shall
33meet at least quarterly but may meet as often as necessary.
34Meetings shall be set by a majority of the safety board or upon
35the call of the chairperson, or in the chairperson’s absence,
-1-1upon the call of the vice chairperson. A majority of the
2safety board members who are currently serving shall constitute
3a quorum.
4 Sec. 5. Section 89A.19, Code 2026, is amended to read as
5follows:
689A.19 Fees.
71. The department shall set fees to be charged and collected
8for inspections, permits, and commissions.
92. All fees collected by the director pursuant to this
10chapter shall be remitted to the treasurer of state, to be
11 deposited in the licensing and regulation fund created in
12section 10A.507.
13 Sec. 6. Section 103.1, subsection 1, Code 2026, is amended
14to read as follows:
151. “Apprentice electrician” means any person who, as such
16person’s principal occupation, is engaged in learning and
17assisting in the installation, alteration, and repair of
18electrical wiring, apparatus, and equipment as an employee
19of a person licensed under this chapter, and who is licensed
20by the board and is progressing toward completion of an
21apprenticeship training program registered by the Iowa office
22of apprenticeship or the office of apprenticeship of the United
23States department of labor. For purposes of this chapter,
24persons who are not engaged in the installation, alteration, or
25repair of electrical wiring, apparatus, and equipment, either
26inside or outside buildings, shall not be considered apprentice
27electricians.
28 Sec. 7. Section 103.2, subsection 3, paragraph b, Code 2026,
29is amended to read as follows:
30b. Meetings shall be called as needed by the chairperson
31or four members of the board. At any meeting of the board, a
32majority of board members who are currently serving constitutes
33a quorum.
34 Sec. 8. Section 103.5, Code 2026, is amended by striking the
35section and inserting in lieu thereof the following:
-2- 1103.5 Form of license.
2A license under this chapter shall be issued in the form of
3a certificate under the seal of the department and signed by
4the director.
5 Sec. 9. Section 103.6, subsection 1, paragraph d, Code 2026,
6is amended by striking the paragraph.
7 Sec. 10. Section 103.7, Code 2026, is amended to read as
8follows:
9103.7 Fees.
101. The department shall set fees to be charged and collected
11for inspection and other services.
122. All licensing, examination, renewal, and inspection fees
13under this chapter shall be deposited in the licensing and
14regulation fund created in section 10A.507.
15 Sec. 11. Section 103.10A, Code 2026, is amended to read as
16follows:
17103.10A Inactive master electrician license.
18The board may by rule create an inactive master electrician
19license and the department may establish a fee for such a
20license. An applicant for an inactive master electrician
21license shall, at a minimum, meet the requirements of this
22chapter and requirements established by the board by rule
23for licensure as a class A master electrician or a class
24B master electrician. A person licensed as an inactive
25master electrician shall not be authorized to act as a master
26electrician, but shall be authorized to apply for a class A
27master electrician license or a class B master electrician
28license at a future date subject to conditions and under
29procedures established by the board by rule. The conditions
30and procedures shall include but not be limited to completion
31of the required number of contact hours of continuing education
32courses specified in section 103.18, and paying the applicable
33license fee specified in section 103.19 for a class A master
34electrician license or class B master electrician license.
35 Sec. 12. Section 103.15, subsection 1, Code 2026, is amended
-3-1to read as follows:
21. A person shall be licensed by the board and pay a
3licensing fee to work as an apprentice electrician while
4participating in an apprenticeship training program registered
5by the Iowa office of apprenticeship or the office of
6apprenticeship of the United States department of labor in
7accordance with the standards established by that department
8 office. An apprenticeship shall be limited to six years from
9the date of licensure, unless extended by the board upon a
10finding that a hardship existed which prevented completion of
11the apprenticeship program. Such licensure shall entitle the
12licensee to act as an apprentice to an electrical contractor,
13a class A master electrician, a class B master electrician,
14a class A journeyman electrician, or a class B journeyman
15electrician as provided in subsection 3.
16 Sec. 13. Section 103.18, Code 2026, is amended to read as
17follows:
18103.18 License renewal — continuing education.
19In order to renew a class A master electrician license, class
20B master electrician license, class A journeyman electrician
21license, or class B journeyman electrician license issued
22pursuant to this chapter, the licensee shall be required to
23complete eighteen contact hours of continuing education courses
24approved by the board during the three-year period for which a
25license is granted. The contact hours shall include a minimum
26of six contact hours studying the national electrical code
27described in section 103.6, and the remaining contact hours may
28include study of electrical circuit theory, blueprint reading,
29transformer and motor theory, electrical circuits and devices,
30control systems, programmable controllers, and microcomputers
31or any other study of electrical-related material that is
32approved by the board. Any additional hours studying the
33national electrical code shall be acceptable. For purposes of
34this section, “contact hour” means fifty minutes of classroom
35attendance at an approved course under a qualified instructor
-4-1approved by the board.
2 Sec. 14. Section 103.19, Code 2026, is amended to read as
3follows:
4103.19 Licenses — expiration — application — fees.
51. Licenses issued pursuant to this chapter shall
6expire every three years, with the exception of licenses for
7apprentice electricians and unclassified persons, which shall
8expire on an annual basis as determined by the department by
9rule. All license applications shall include the applicant’s
10social security number, which shall be maintained as a
11confidential record and shall be redacted prior to public
12release of an application or other record containing such
13social security number. The board department shall establish
14the fees to be payable for license issuance, reactivation,
15reinstatement, and renewal in amounts not to exceed the
16following:
17a. For each year of the three-year license period for
18issuance and renewal:
19(1) Electrical contractor, one hundred twenty-five dollars.
20(2) Class A master electrician, class B master electrician,
21residential master electrician, one hundred twenty-five
22dollars.
23(3) Class A journeyman electrician, class B journeyman
24electrician, residential electrician, or special electrician,
25twenty-five dollars.
26b. For apprentice electricians or unclassified persons,
27twenty dollars.
282. The holder of an expired license may renew the license
29for during a period of three months from the date of expiration
30 determined by the department by rule upon payment of the
31license fee plus ten percent of the renewal fee for each month
32or portion thereof past the expiration date a penalty as
33determined by the department by rule. All holders of licenses
34expired for more than three months shall apply for a new
35license.
-5- 13. If the board determines that all licenses shall expire
2on the same date every three years for licenses specified in
3subsection 1, paragraph “a”, the license fees shall be prorated
4by month. The board shall determine an individual’s license
5fee based on the number of months that the individual’s license
6will be in effect after being issued and prior to expiration
7 A licensee whose license has been revoked, suspended,
8or voluntarily surrendered must apply for and receive
9reinstatement of the license, as provided by the board by rule,
10prior to practicing a profession licensed under this chapter.
11 Sec. 15. Section 103.23, subsection 3, Code 2026, is amended
12to read as follows:
133. All new electrical installations for single-family
14residential applications requiring new electrical service
15equipment.
16 Sec. 16. Section 103.25, Code 2026, is amended to read as
17follows:
18103.25 Request for inspection — fees.
191. At or before commencement of any installation required
20to be inspected by the board, the licensee or property owner
21making such installation shall submit to the department a
22request for inspection. The board department shall prescribe
23by rule the methods by which the request may be submitted,
24which may include electronic submission or through a form
25prescribed by the board that can be submitted either through
26the mail or by a fax transmission. The board shall also
27prescribe methods by which inspection fees can be paid, which
28may include electronic methods of payment and the manner in
29which fees may be paid. If the board or the department becomes
30aware that a person has failed to file a necessary request for
31inspection, the board shall send a written notification by
32certified mail that the request must be filed within fourteen
33days. Any person filing a late request for inspection shall
34pay a delinquency fee in an amount to be determined by the
35board department. A person who fails to file a late request
-6-1within fourteen days from receipt of the notification shall be
2subject to a civil penalty to be determined by the board by
3rule.
42. Notwithstanding subsection 1, the board may by rule
5provide for the issuance of a single permit to a licensee
6to request multiple inspections. The permit authorizes the
7licensee to perform new electrical installations specified in
8the permit. The board department shall prescribe the methods
9by which the request for multiple inspections may be submitted,
10which may include electronic submission or through a form
11prescribed by the board that can be submitted either through
12the mail or by a fax transmission and the manner in which fees
13may be paid. The board shall also prescribe methods by which
14inspection fees can be paid, which may include electronic
15methods of payment. The board may perform inspections of
16each new electrical installation or any portion of the total
17number of new electrical installations made under each permit.
18The board department shall establish fees for such permits,
19which shall not exceed the total inspection fees that would be
20required if each new electrical installation performed under
21the request for multiple inspections had been performed under
22individual requests for inspections as provided in subsection
231.
24 Sec. 17. Section 103.31, subsection 6, Code 2026, is amended
25to read as follows:
266. The board shall establish an internet-based licensure
27verification database for access by a state or local inspector
28for verification of licensee status. The database shall
29include the name of every person licensed under this chapter
30and a corresponding licensure number. However, the licensee’s
31home address, home telephone number, and other personal
32information as determined by rule shall be confidential.
33 Inspectors shall be authorized to request the name and
34license number of any person working at a job site subject to
35inspection for verification of licensee status. Licensees
-7-1under this chapter shall be required to carry a copy of their
2current license and photo identification at all times when
3employed on a job site for compliance with this subsection.
4 Sec. 18. Section 103.32, subsection 1, Code 2026, is amended
5to read as follows:
61. All state electrical inspection fees shall be due and
7payable to the board department at or before commencement of
8the installation and shall be forwarded with the request for
9inspection. Inspection fees provided in this section shall
10not apply within the jurisdiction of any political subdivision
11if the political subdivision has adopted an ordinance or
12resolution pursuant to this chapter.
13 Sec. 19. Section 103.32, subsection 2, unnumbered paragraph
141, Code 2026, is amended to read as follows:
15The board department shall establish the fees for
16inspections in amounts not to exceed:
17 Sec. 20. Section 103.34, subsection 1, Code 2026, is amended
18to read as follows:
191. Upon receipt of a notice of appeal filed pursuant to
20section 103.33, the chairperson director or administrative
21staff of the board department may designate a hearing officer
22from among the board members, or an administrative law judge
23employed by the department, to hear the appeal or may set the
24matter for hearing before the full board at its next scheduled
25meeting. A majority of the board shall make the decision.
26 Sec. 21. Section 105.2, subsection 1, Code 2026, is amended
27to read as follows:
281. “Apprentice” means any person, other than a helper,
29journeyperson, or master, who, as a principal occupation, is
30engaged in working as an employee of a plumbing, mechanical,
31HVAC-refrigeration, sheet metal, or hydronic systems contractor
32under the supervision of either a master or a journeyperson and
33is progressing toward completion of an apprenticeship training
34program registered by the Iowa office of apprenticeship or the
35 office of apprenticeship of the United States department of
-8-1labor while learning and assisting in the design, installation,
2and repair of plumbing, HVAC, refrigeration, sheet metal, or
3hydronic systems, as applicable.
4 Sec. 22. Section 105.3, subsection 2, paragraph a,
5subparagraphs (1) and (2), Code 2026, are amended by striking
6the subparagraphs.
7 Sec. 23. Section 105.3, subsection 5, Code 2026, is amended
8to read as follows:
95. The board shall organize annually and shall select a
10chairperson and a secretary from its membership. A quorum
11shall consist of a majority of the board members of the board
12 who are currently serving.
13 Sec. 24. Section 105.5, subsection 1, Code 2026, is amended
14to read as follows:
151. Any person desiring to take an examination for a license
16issued pursuant to this chapter shall make application to
17the board in accordance with the rules of the board. The
18application form shall be no longer than two pages in length,
19plus one security page. The board may require that a recent
20photograph of the applicant be attached to the application.
21 Sec. 25. Section 105.9, subsections 1 and 2, Code 2026, are
22amended to read as follows:
231. The board department shall set the fees for the
24examination of all applicants, by rule, which fees shall be
25based upon the cost of administering the examinations.
262. The board department shall set the license fees and
27renewal fees for all licenses issued pursuant to this chapter,
28by rule.
29 Sec. 26. Section 105.9, subsections 5, 6, and 7, Code 2026,
30are amended by striking the subsections.
31 Sec. 27. Section 105.15, Code 2026, is amended to read as
32follows:
33105.15 Registry of licenses.
34The name, location, license number, and date of issuance
35of the license of each person to whom a license has been
-9-1issued shall be entered in a registry kept in the office
2of the department to be known as the plumbing, mechanical,
3HVAC-refrigeration, sheet metal, or hydronic registry. The
4registry may be electronic and shall be open to public
5inspection. However, the licensee’s home address, home
6telephone number, and other personal information as determined
7by rule shall be confidential.
8 Sec. 28. Section 105.16, Code 2026, is amended to read as
9follows:
10105.16 Change of residence.
11If a person licensed to practice as a contractor or a
12plumbing, mechanical, HVAC-refrigeration, sheet metal, or
13hydronic professional under this chapter changes the person’s
14residence or place of practice, the person shall so notify the
15board department.
16 Sec. 29. Section 105.18, subsection 2, paragraph a,
17subparagraph (3), Code 2026, is amended to read as follows:
18(3) Be enrolled in an applicable apprentice program which is
19registered with the United States department of labor office of
20apprenticeship or the Iowa office of apprenticeship.
21 Sec. 30. Section 105.18, subsection 2, paragraph b,
22subparagraph (1), subparagraph divisions (a) and (c), Code
232026, are amended to read as follows:
24(a) File an application and pay application fees as
25established by the board department, which application shall
26establish that the person meets the minimum educational and
27experience requirements adopted by the board.
28(c) Provide the board with evidence of having completed
29at least four years of practical experience as an apprentice.
30Commencing January 1, 2010 2027, the four years of practical
31experience required by this subparagraph division must be
32an apprenticeship training program registered by the United
33States department of labor Iowa workforce development office
34of apprenticeship.
35 Sec. 31. Section 105.18, subsection 2, paragraph c,
-10-1subparagraph (1), subparagraph division (a), Code 2026, is
2amended to read as follows:
3(a) File an application and pay application fees as
4established by the board department, which application shall
5establish that the person meets the minimum educational and
6experience requirements adopted by the board.
7 Sec. 32. Section 105.18, subsection 2, paragraph d,
8subparagraph (1), Code 2026, is amended to read as follows:
9(1) File an application and pay application fees as
10established by the board department and establish that the
11person meets the minimum requirements adopted by the board.
12Through June 30, 2017, the application shall include the
13person’s state contractor registration number. After July
141, 2017, the The application shall include proof of workers
15compensation insurance coverage, proof of unemployment
16insurance compliance, and, for out-of-state contractors, a bond
17as described in chapter 91C.
18 Sec. 33. Section 105.18, subsection 3, paragraph c, Code
192026, is amended to read as follows:
20c. The board shall department may establish a special,
21restricted license fee at a reduced rate, consistent with any
22other special, restricted license fees.
23 Sec. 34. Section 105.20, Code 2026, is amended to read as
24follows:
25105.20 Renewal and reinstatement of licenses — fees and
26penalties — continuing education.
271. All licenses issued under this chapter shall be issued
28for a three-year period as determined by the department by
29rule.
302. A license issued under this chapter may be renewed
31as provided by rule adopted by the board department upon
32application by the licensee, without examination. Applications
33for renewal shall be made to the board department, accompanied
34by the required renewal licensing fee, at least thirty days
35prior to the expiration date of the license and submitted
-11-1during a period as determined by the department by rule.
23. Failure to renew a license within a reasonable time after
3the expiration of the license shall not invalidate the license,
4but a reasonable penalty may be assessed as adopted by rule,
5in addition to the license renewal fee, to allow reinstatement
6of the license A licensee may renew an inactive or lapsed
7license by submitting a reactivation fee and completing other
8requirements as determined by the board by rule.
94. The board shall, by rule, establish a reinstatement
10process for a licensee who allows a license to lapse, including
11reasonable penalties as determined by the department by rule.
125. a. The basic continuing education requirement for
13renewal of a license shall be the completion, during the
14immediately preceding license term, of the number of classroom
15hours of instruction required by the board in courses or
16seminars which have been approved by the board. The board
17shall require at least eight classroom hours of instruction
18during each three-year licensing term.
19b. A licensee shall have a thirty-day grace period, as
20determined by the department by rule, after expiration of the
21licensing term to complete all requirements necessary for
22license renewal without penalty.
236. A licensee whose license has been revoked, suspended,
24or voluntarily surrendered must apply for and receive
25reinstatement of the license, as provided by the board by rule,
26prior to practicing a profession licensed under this chapter.
27 Sec. 35. Section 147.1, subsections 3 and 6, Code 2026, are
28amended to read as follows:
293. “Licensed” or “certified”, when applied to a physician
30and surgeon, podiatric physician, osteopathic physician and
31surgeon, genetic counselor, physician assistant, psychologist,
32chiropractor, nurse, dentist, dental hygienist, dental
33assistant, optometrist, speech pathologist, audiologist,
34pharmacist, physical therapist, physical therapist assistant,
35occupational therapist, occupational therapy assistant,
-12-1orthotist, prosthetist, pedorthist, respiratory care
2practitioner, practitioner of cosmetology arts and sciences,
3practitioner of barbering, funeral director, dietitian,
4behavior analyst, assistant behavior analyst, marital and
5family therapist, mental health counselor, midwife, respiratory
6care and polysomnography practitioner, polysomnographic
7technologist, social worker, massage therapist, athletic
8trainer, acupuncturist, nursing home administrator, hearing aid
9specialist, or sign language interpreter or transliterator,
10accountant, architect, engineer or land surveyor, real estate
11broker, real estate salesperson, real estate appraiser,
12landscape architect, or interior designer means a person
13licensed under this subtitle.
146. “Profession” means medicine and surgery, podiatry,
15osteopathic medicine and surgery, genetic counseling, practice
16as a physician assistant, psychology, chiropractic, nursing,
17dentistry, dental hygiene, dental assisting, optometry, speech
18pathology, audiology, pharmacy, physical therapy, physical
19therapist assisting, occupational therapy, occupational therapy
20assisting, respiratory care, cosmetology arts and sciences,
21barbering, mortuary science, applied behavior analysis, marital
22and family therapy, mental health counseling, midwifery,
23polysomnography, social work, dietetics, massage therapy,
24athletic training, acupuncture, nursing home administration,
25practice as a hearing aid specialist, sign language
26interpreting or transliterating, orthotics, prosthetics, or
27 pedorthics, accountancy, architecture, engineering and land
28surveying, real estate, real estate brokerage, real estate
29sale, real estate appraisal, landscape architecture, or
30interior design.
31 Sec. 36. Section 147.2, Code 2026, is amended to read as
32follows:
33147.2 License required.
341. A person shall not engage in the practice of medicine
35and surgery, podiatry, osteopathic medicine and surgery,
-13-1genetic counseling, psychology, chiropractic, physical
2therapy, physical therapist assisting, nursing, dentistry,
3dental hygiene, dental assisting, optometry, speech pathology,
4audiology, occupational therapy, occupational therapy
5assisting, orthotics, prosthetics, pedorthics, respiratory
6care, pharmacy, cosmetology arts and sciences, barbering,
7social work, dietetics, applied behavior analysis, marital
8and family therapy or mental health counseling, massage
9therapy, mortuary science, polysomnography, athletic training,
10acupuncture, nursing home administration, or sign language
11interpreting or transliterating, or shall not practice as a
12physician assistant, or a hearing aid specialist, accountant,
13architect, engineer or land surveyor, real estate broker, real
14estate salesperson, real estate appraiser, landscape architect,
15or interior designer unless the person, or entity employing the
16person, if applicable, has obtained a license for that purpose
17from the board for the profession or the department.
182. For purposes of this section, a person who is licensed
19in another state and recognized for licensure in this state
20pursuant to the nurse a licensure compact contained in section
21152E.1 or pursuant to the advanced practice registered nurse
22compact contained in section 152E.3 which issues a multistate
23license or authorization to practice shall be considered to
24have obtained a license to practice nursing the profession.
25 Sec. 37. Section 147.3, Code 2026, is amended to read as
26follows:
27147.3 Qualifications.
28An applicant for a license to practice a profession under
29this subtitle is not ineligible because of age, citizenship,
30 sex, race, religion, marital status, or national origin,
31although the application form may require citizenship
32information.
33 Sec. 38. Section 147.5, Code 2026, is amended to read as
34follows:
35147.5 Certificate of license.
-14- 11. Every license to practice a profession shall be in
2the form of a certificate under the seal of the board. Such
3license shall be issued in the name of the board issued by the
4department.
52. This section shall not apply to a person who is licensed
6in another state and recognized for licensure in this state
7pursuant to the nurse a licensure compact contained in section
8152E.1 or pursuant to the advanced practice registered nurse
9compact contained in section 152E.3 which issues a multistate
10license or authorization to practice.
11 Sec. 39. Section 147.7, subsection 2, Code 2026, is amended
12to read as follows:
132. This section shall not apply to a person who is licensed
14in another state and recognized for licensure in this state
15pursuant to the nurse a licensure compact contained in section
16152E.1 or pursuant to the advanced practice registered nurse
17compact contained in section 152E.3 which issues a multistate
18license or authorization to practice. A person licensed in
19another state and recognized for licensure in this state
20pursuant to either a compact shall, however, maintain a copy
21of a license issued by the person’s home state available for
22inspection when engaged in the practice of nursing the person’s
23profession in this state.
24 Sec. 40. Section 147.8, subsection 2, Code 2026, is amended
25by striking the subsection.
26 Sec. 41. Section 147.9, Code 2026, is amended to read as
27follows:
28147.9 Change of address.
29Every person licensed pursuant to this chapter shall notify
30the board which issued the license department of a change in
31the person’s address of record within a time period established
32by board the department by rule.
33 Sec. 42. Section 147.10, Code 2026, is amended to read as
34follows:
35147.10 Renewal.
-15- 11. Every license to practice a profession shall expire
2in multiyear intervals and be renewed upon application of
3the licensee as determined by the board upon application
4by the licensee department. Each board A renewal interval
5for a license shall not exceed five years. The department
6 shall establish rules for license renewal and concomitant
7fees. Application for renewal shall be made to the board
8 accompanied by the required fee at least thirty days prior to
9the expiration of such license.
102. Each board The department may by rule establish a grace
11period following expiration of a license in which the license
12is not invalidated. Each board The department may assess a
13reasonable penalty for renewal of a license during the grace
14period. Failure of a licensee to renew a license within the
15grace period shall cause the license to become inactive or
16lapsed. A licensee whose license is inactive or lapsed shall
17not engage in the practice of the profession until the license
18is reactivated or reinstated.
19 Sec. 43. Section 147.11, subsection 1, Code 2026, is amended
20to read as follows:
211. A licensee who allows the license to become inactive
22or lapsed by failing to renew the license, as provided in
23section 147.10, may reactivate the license upon payment of a
24reactivation fee and compliance with other terms established by
25board the department by rule.
26 Sec. 44. NEW SECTION. 147.11A Temporary license.
271. A board may issue a temporary license authorizing the
28licensee to practice in a specific location or locations and
29for a specified period of time if, in the opinion of the board,
30the person possesses the qualifications prescribed by the board
31for the license, which shall be substantially equivalent to
32those required for licensure under this chapter. The board
33shall determine by rule eligibility requirements for the
34license and what type of examination shall be given, if any.
35Requirements relating to regular permanent licensure are not
-16-1mandatory for a temporary license, except as specifically
2determined by the board by rule. The granting of a temporary
3license does not indicate that the person so licensed is
4eligible for regular licensure.
52. A temporary license shall be issued for a period
6determined by the department by rule but shall not exceed
7one year. A temporary license may be renewed, but a person
8shall not practice for more than three years under a temporary
9license. The department shall set the fees for issuance and
10renewal of a temporary license by rule.
113. Each board may adopt rules for the implementation of this
12section, including for revocation of a temporary license.
13 Sec. 45. NEW SECTION. 147.11B Licensure by reciprocity.
14A board may grant licensure, registration, or certification
15by reciprocity. Each board that grants a license,
16registration, or certification by reciprocity shall adopt rules
17establishing the documentation that an applicant must furnish
18in order to establish the applicant’s eligibility.
19 Sec. 46. NEW SECTION. 147.11C Voluntary surrender of
20license.
21The director of the department may accept the voluntary
22surrender of a license if accompanied by a written statement of
23intention. The voluntary surrender, when accepted, shall have
24the same force and effect as an order of revocation.
25 Sec. 47. Section 147.13, Code 2026, is amended by adding the
26following new subsections:
27 NEW SUBSECTION. 21. For accountancy, the Iowa accountancy
28examining board.
29 NEW SUBSECTION. 22. For architecture, the architectural
30examining board.
31 NEW SUBSECTION. 23. For engineering and land surveying, the
32engineering and land surveying examining board.
33 NEW SUBSECTION. 24. For real estate brokers and
34salespersons, the real estate commission board.
35 NEW SUBSECTION. 25. For real estate appraisers, the real
-17-1estate appraiser examining board.
2 NEW SUBSECTION. 26. For landscape architecture, and the
3landscape architectural examining board.
4 NEW SUBSECTION. 27. For registered interior design, the
5interior design examining board.
6 Sec. 48. Section 147.14, subsection 1, Code 2026, is amended
7by adding the following new paragraphs:
8 NEW PARAGRAPH. t. For accountancy, a total of five members,
9all of whom must be residents of this state. Four of the five
10members must be holders of certificates granted under section
11542.6 and one must not be a certified public accountant or
12licensed public accountant and must represent the general
13public. At least three of the holders of certificates issued
14under section 542.6 must also be qualified to supervise attest
15services as provided in section 542.7.
16 NEW PARAGRAPH. u. For architecture, a total of five
17members, four of whom are licensed to practice architecture and
18one of whom is not a licensed architect and who represents the
19general public.
20 NEW PARAGRAPH. v. For engineering and land surveying,
21three members who are licensed professional engineers, two
22members who are licensed professional land surveyors, and
23two members who are not licensed professional engineers or
24licensed professional land surveyors and who shall represent
25the general public. A licensed member must be actively engaged
26in the practice of engineering or land surveying and been so
27engaged for five consecutive years immediately preceding the
28appointment, the last two years of which shall have been in
29Iowa. Insofar as practicable, licensed engineer members of
30the board shall be from different branches of the profession
31of engineering.
32 NEW PARAGRAPH. w. For real estate brokers and salespersons,
33four members who are licensed brokers or salespersons and one
34member not licensed to practice real estate who shall represent
35the general public. A member shall not hold any other elective
-18-1or appointive state or federal office. At least one licensed
2member shall be a licensed real estate salesperson, except that
3if the licensed real estate salesperson becomes a licensed real
4estate broker during a term of office, that person may complete
5the term, but is not eligible for reappointment as a licensed
6real estate salesperson. A licensed member must be actively
7engaged in real estate business.
8 NEW PARAGRAPH. x. For real estate appraisers, five members,
9one of whom must be a public member and four of whom must be
10certified real estate appraisers. A certified member must
11be actively engaged in practice as a certified real estate
12appraiser. Insofar as practicable, certified real estate
13appraiser members should represent each class of certified
14appraisers.
15 NEW PARAGRAPH. y. For landscape architecture, five members
16who are professional landscape architects and two members
17who are not professional landscape architects and who shall
18represent the general public. Four of the five professional
19members must be actively engaged in the practice of landscape
20architecture or the teaching of landscape architecture in
21an accredited college or university, and must have been so
22engaged for five years preceding appointment, the last two of
23which shall have been in Iowa. One of the five professional
24members must be actively engaged in the practice of landscape
25architecture or the teaching of landscape architecture in an
26accredited college or university for a minimum of one year
27immediately preceding appointment.
28 NEW PARAGRAPH. z. For interior design, a total of seven
29members, five members who are registered interior designers and
30who have been in the active practice of registered interior
31design for not less than five years, the last two years of
32which shall have been in Iowa, and two members who are not
33registered interior designers and who shall represent the
34general public.
35 Sec. 49. Section 147.14, subsection 2, Code 2026, is amended
-19-1to read as follows:
22. A majority of the board members of a board who are
3currently serving constitutes a quorum.
4 Sec. 50. Section 147.25, subsection 2, Code 2026, is amended
5to read as follows:
62. In addition to any other fee provided by law, a fee may
7be set by the respective boards department for each license
8and renewal of a license to practice a profession, which fee
9shall be based on the annual cost of collecting information
10for use by the board in the administration of the system of
11health personnel statistics established by this section. The
12fee shall be retained by the respective board in the manner in
13which license and renewal fees are retained in section 147.82.
14 Sec. 51. Section 147.44, Code 2026, is amended to read as
15follows:
16147.44 Reciprocal agreements.
17A board may enter into a reciprocal agreement with a
18licensing authority of another state for the purpose of
19recognizing licenses issued by the other state, provided
20that such licensing authority imposes licensure requirements
21substantially equivalent to those imposed in this state. The
22board may establish by rule the conditions for the recognition
23of such licenses and the department may establish by rule the
24 process for licensing such individuals to practice in this
25state.
26 Sec. 52. NEW SECTION. 147.57 Voluntary agreements.
27A board, after due notice and hearing, may issue an order to
28revoke, suspend, or restrict a license to practice a licensed
29profession, or to issue a restricted license on application if
30the board determines that a licensee or applicant has entered
31into a voluntary agreement to restrict the practice of the
32licensed profession in another state, district, territory,
33country, or agency of the federal government. A certified copy
34of the voluntary agreement shall be considered prima facie
35evidence.
-20-1 Sec. 53. Section 147.73, subsection 2, Code 2026, is amended
2to read as follows:
32. As prohibiting any holder of a degree conferred by an
4institution of learning accredited by the appropriate board
5created in this chapter, or by some a recognized state or
6national accrediting agency, from using the title which such
7degree authorizes the holder to use, but the holder shall not
8use such degree or abbreviation in any manner which might
9mislead the public as to the holder’s qualifications to treat
10human ailments.
11 Sec. 54. Section 147.74, Code 2026, is amended by adding the
12following new subsections:
13 NEW SUBSECTION. 29. For the profession of accountancy,
14a person or firm licensed under chapter 542 may use the
15designations described in section 542.13.
16 NEW SUBSECTION. 30. An architect licensed under chapter
17544A may use the words “architect”, “licensed architect”, or
18“architectural designer” after the person’s name.
19 NEW SUBSECTION. 31. A person licensed to engage in the
20practice of engineering under chapter 542B may use the words
21“professional engineer” or “licensed engineer” after the
22person’s name. A person licensed to engage in the practice
23of land surveying under chapter 542B may use the words
24“professional land surveyor” or “licensed land surveyor” after
25the person’s name.
26 NEW SUBSECTION. 32. A real estate broker licensed under
27chapter 543B may use the words “real estate broker” after
28the person’s name. A real estate salesperson licensed under
29chapter 543B may use the words “real estate salesperson” after
30the person’s name.
31 NEW SUBSECTION. 33. A person holding a certificate to
32engage in the practice of real estate appraisals under chapter
33543D may use the words “certified real estate appraiser” after
34the person’s name. A person holding a registration to engage
35in the practice of real estate appraisals as an associate
-21-1under chapter 543D may use the words “associate real estate
2appraiser” after the person’s name.
3 NEW SUBSECTION. 34. A person licensed to engage in the
4practice of landscape architecture under chapter 544B may
5use the words “landscape architect”, “professional landscape
6architect”, or “landscape architecture designer” after the
7person’s name.
8 NEW SUBSECTION. 35. A person who has been issued a
9certificate of registration under chapter 544C may use the
10words “registered interior designer” or any other title or
11device indicating that the person is a registered interior
12designer after the person’s name.
13 Sec. 55. Section 147.76, Code 2026, is amended to read as
14follows:
15147.76 Rules.
16The boards for the various professions shall adopt all
17necessary and proper rules to administer and interpret this
18chapter and chapters 148 through 157, except chapter 148D,
19chapter 272C, and chapters 542 through 544C.
20 Sec. 56. Section 147.80, subsection 1, unnumbered paragraph
211, Code 2026, is amended to read as follows:
22Each board, following approval by the The department, may,
23or at the direction of the department, shall, by rule establish
24or revise fees for the following:
25 Sec. 57. Section 147.80, subsection 2, Code 2026, is amended
26to read as follows:
272. The department shall annually prepare estimates of
28projected revenues to be generated by all fees collected
29as well as a projection of the aggregate administrative
30costs and rental expenses attributable to all boards and the
31division of the department responsible for licensing related
32to such boards. The department shall annually review and, if
33necessary, direct the boards to adjust the schedule of fees to
34cover aggregate projected expenses and ensure fees imposed in
35this state are not greater than similar fees imposed by similar
-22-1boards or agencies in other states. The department shall
2annually provide to each appropriate board a comparison of the
3amount of the board’s fees as compared to similar fees imposed
4by similar boards or agencies in other states.
5 Sec. 58. Section 147.82, Code 2026, is amended to read as
6follows:
7147.82 Disposition of fees.
8All fees collected by a board listed in section 147.13 or by
9 the department, and fees collected pursuant to sections 124.301
10and 147.80 and chapter 155A by the board of pharmacy, shall
11be deposited in the licensing and regulation fund created in
12section 10A.507.
13 Sec. 59. Section 147.86, Code 2026, is amended to read as
14follows:
15147.86 Penalties.
161. Any person violating any provision of this subtitle,
17except insofar as the provisions apply or relate to or affect
18the practice of pharmacy, or where a specific penalty is
19otherwise provided, shall be guilty of a serious misdemeanor.
202. When it appears to a board that a person has violated a
21provision of this subtitle, the board may certify the facts to
22the attorney general or the county attorney of the county where
23the person maintains a business office.
243. If, after an investigation, a board has reason to believe
25that a person has knowingly engaged in an act or practice that
26constitutes a violation of this subtitle, the board may submit
27the information to the attorney general of any state, or other
28appropriate law enforcement official, who, in such official’s
29discretion, may initiate an appropriate criminal proceeding.
304. Evidence of the commission of a single act prohibited
31by this subtitle, chapters 148 through 157, chapter 272C, or
32chapters 542 through 544C is sufficient to justify a penalty,
33injunction, restraining order, or conviction, without evidence
34of a general course of conduct.
35 Sec. 60. Section 147.87, subsection 2, Code 2026, is amended
-23-1to read as follows:
22. The department may administratively close a complaint
3that does not allege a violation of this chapter, the board’s
4enabling statute, or a rule of the board, if the complaint
5does not allege harm to the public, or if the complaint is
6referred to another agency or law enforcement. The board may
7administratively terminate an investigation if the alleged
8violation of this chapter, the board’s enabling statute, or
9rule of the board is not substantiated or does not merit
10discipline.
11 Sec. 61. Section 147.88, Code 2026, is amended to read as
12follows:
13147.88 Inspections and investigations.
141. The department may perform inspections and
15investigations as required by this subtitle.
162. The department shall employ personnel pursuant to
17chapter 8A, subchapter IV, to perform duties related to
18inspection and investigation functions under this subtitle.
19The costs and expenses of inspectors and investigators shall be
20paid from funds appropriated to the department.
213. The department may employ clerical assistants pursuant
22to chapter 8A, subchapter IV, to administer and enforce this
23subtitle. The costs and expenses of clerical assistants shall
24be paid from funds appropriated to the department.
254. Investigators authorized by a board or the department
26shall have the powers and status of peace officers when
27enforcing this subtitle, chapters 148 through 157 except 148D,
28chapter 272C, and chapters 542 through 544C.
295. If an investigation pursuant to this subtitle, chapters
30148 through 157 except 148D, chapter 272C, or chapters 542
31through 544C, reveals that an unlicensed person has acted in
32the capacity of a licensed person or entity, the board or
33department shall issue a cease and desist order, and may impose
34a civil penalty not to exceed one thousand dollars.
35 Sec. 62. Section 147.92, Code 2026, is amended to read as
-24-1follows:
2147.92 Attorney general.
3Upon request of a board, the attorney general shall
4institute in the name of the state the proper proceedings
5against any person charged by the board with violating any
6provision of this or the following chapters of this subtitle,
7chapters 147 through 157, chapter 272C, or chapters 542 through
8544C.
9 Sec. 63. Section 148.3, subsections 2 and 3, Code 2026, are
10amended by striking the subsections.
11 Sec. 64. Section 148.5, Code 2026, is amended to read as
12follows:
13148.5 Resident physician license.
14A physician, who is a graduate of a medical school or
15college of osteopathic medicine and surgery and is serving as a
16resident physician who is not otherwise licensed to practice
17medicine and surgery or osteopathic medicine and surgery in
18this state, shall be required to obtain from the board a
19license to practice as a resident physician. The license shall
20be designated “Resident Physician License” and shall authorize
21the licensee to serve as a resident physician only, under
22the supervision of a licensed practitioner of medicine and
23surgery or osteopathic medicine and surgery, in an institution
24approved for such training by the board. A license shall be
25valid for a duration as determined by the board department by
26rule. The fee for each license shall be set by the board to
27cover the administrative costs of issuing the license. The
28board shall determine in each instance those eligible for a
29license, whether or not examinations shall be given, and the
30type of examinations. Requirements of the law pertaining
31to regular permanent licensure shall not be mandatory for a
32resident physician license except as specifically designated by
33the board. The granting of a resident physician license does
34not in any way indicate that the person licensed is necessarily
35eligible for regular permanent licensure, or that the board in
-25-1any way is obligated to license the individual.
2 Sec. 65. Section 148.11, subsection 3, Code 2026, is amended
3to read as follows:
43. The board shall establish a fee for initial issuance and
5renewal of a special license. The board shall establish rules
6for granting and renewing a special license consistent with
7those for permanent licenses.
8 Sec. 66. Section 148.11A, subsection 2, Code 2026, is
9amended to read as follows:
102. An application for an administrative medicine license
11shall be made to the board. An applicant for an administrative
12medicine license shall meet all of the requirements established
13in section 148.3 and any additional requirements established by
14the board by rule. The board shall also adopt rules governing
15the initial issuance and renewal of administrative medicine
16licenses and establishing fees therefor. All license and
17renewal fees shall be paid to the board.
18 Sec. 67. Section 148B.2, Code 2026, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 1A. “Department” means the department of
21inspections, appeals, and licensing.
22 Sec. 68. Section 148B.4, Code 2026, is amended to read as
23follows:
24148B.4 Limited permit.
251. A limited permit to practice occupational therapy may
26be granted to a person who has completed the academic and
27field work requirements for occupational therapists under
28this chapter and has not yet taken or received the results of
29the entry-level certification examination. A permit granted
30pursuant to this subsection shall be valid for a period of
31time as determined by the board department by rule and shall
32allow the person to practice occupational therapy under the
33direction and appropriate supervision of an occupational
34therapist licensed under this chapter. The permit shall expire
35when the person is issued a license under section 148B.5 or
-26-1if the person is notified that the person did not pass the
2examination. The limited permit shall not be renewed.
32. A limited permit to assist in the practice of
4occupational therapy may be granted to a person who has
5completed the academic and field work requirements for
6occupational therapy assistants under this chapter and has
7not yet taken or received the results of the entry-level
8certification examination. A permit granted pursuant to this
9subsection shall be valid for a period of time as determined
10by the board department by rule and shall allow the person
11to assist in the practice of occupational therapy under the
12direction and appropriate supervision of an occupational
13therapist licensed under this chapter. The permit shall expire
14when the person is issued a license under section 148B.5 or
15if the person is notified that the person did not pass the
16examination. The limited permit shall not be renewed.
17 Sec. 69. Section 148B.5, unnumbered paragraph 1, Code 2026,
18is amended to read as follows:
19An applicant applying for a license as an occupational
20therapist or as an occupational therapy assistant must file a
21written an application on forms provided in a manner prescribed
22 by the board, showing to the satisfaction of the board that the
23applicant meets the following requirements:
24 Sec. 70. Section 148B.7, Code 2026, is amended to read as
25follows:
26148B.7 Board of physical and occupational therapy — powers
27and duties.
28The board shall adopt rules relating to professional conduct
29to carry out the policy of this chapter, chapter 147, and
30chapter 272C, including but not limited to rules relating to
31professional licensing and to the establishment of ethical
32standards of practice for persons holding a license to practice
33occupational therapy in this state.
34 Sec. 71. Section 148C.3, subsection 1, unnumbered paragraph
351, Code 2026, is amended to read as follows:
-27- 1The board shall adopt rules to govern the licensure of
2physician assistants. An applicant for licensure shall submit
3the fee prescribed by the board department and shall meet the
4requirements established by the board with respect to each of
5the following:
6 Sec. 72. Section 148C.3, subsection 4, Code 2026, is amended
7by striking the subsection.
8 Sec. 73. Section 148E.7, Code 2026, is amended to read as
9follows:
10148E.7 Duties of board.
11The board shall adopt rules consistent with this chapter,
12 and chapter 147, and chapter 272C which are necessary for the
13performance of its the board’s duties.
14 Sec. 74. Section 148F.3, subsection 5, Code 2026, is amended
15by striking the subsection.
16 Sec. 75. Section 148G.1, Code 2026, is amended by adding the
17following new subsection:
18 NEW SUBSECTION. 1A. “Department” means the department of
19inspections, appeals, and licensing.
20 Sec. 76. Section 148G.6, subsection 1, unnumbered paragraph
211, Code 2026, is amended to read as follows:
22Beginning January 1, 2017, a person seeking licensure as
23a respiratory care and polysomnography practitioner or as a
24polysomnographic technologist shall apply to the board and pay
25the fees established by the board department for the type of
26license for which the applicant is applying. Beginning with
27the March 31, 2016, license renewal period, a person licensed
28as a respiratory care practitioner who seeks a respiratory
29care and polysomnography practitioner license shall make
30such application with the application for license renewal
31and pay the fees established by the board department. The
32fees established by the board for a respiratory care and
33polysomnography practitioner license shall not exceed one
34hundred twenty percent of the cost of a respiratory care
35practitioner license issued pursuant to chapter 152B or a
-28-1polysomnographic technologist license issued pursuant to
2this section. The application for a respiratory care and
3polysomnography practitioner license must meet the requirements
4of this section. Upon receipt of an application, the board
5shall conduct a background check of the applicant. An
6application for either type of licensure shall show that the
7applicant is of good moral character and is at least eighteen
8years of age, and shall include proof that the person has
9satisfied one of the following educational requirements:
10 Sec. 77. Section 148G.6, subsection 5, Code 2026, is amended
11by striking the subsection.
12 Sec. 78. Section 148I.2, subsection 2, paragraph e, Code
132026, is amended to read as follows:
14e. Submit an application fee as prescribed by the board by
15rule provided in section 147.80.
16 Sec. 79. Section 148I.4, subsection 1, unnumbered paragraph
171, Code 2026, is amended to read as follows:
18The board shall adopt rules consistent with this chapter,
19 and chapter 147, and chapter 272C which are necessary for the
20performance of the board’s duties. The rules shall do all of
21the following:
22 Sec. 80. Section 148I.4, subsection 1, paragraph m, Code
232026, is amended to read as follows:
24m. Establish Require an annual license fee as provided in
25section 147.80.
26 Sec. 81. Section 152.8, subsection 1, Code 2026, is amended
27to read as follows:
281. A license possessed by an applicant from a state
29which has not adopted the nurse licensure compact contained
30in section 152E.1 or the advanced practice registered nurse
31compact contained in section 152E.3 shall be recognized by
32the board under conditions specified which indicate that the
33licensee meets all the qualifications required under section
34152.7. If a foreign license is recognized, the board may issue
35a reciprocal license by endorsement without an examination
-29-1being required. Recognition shall be based on whether the
2foreign licensee is qualified to practice nursing. The board
3may issue a temporary license to a natural person an individual
4 who has completed the requirements of and applied for licensure
5by endorsement a reciprocal license. The board shall determine
6the length of time a temporary license shall remain effective.
7 Sec. 82. Section 152B.6, subsection 2, Code 2026, is amended
8to read as follows:
92. The establishment of a system for the licensure of
10respiratory care practitioners and the establishment and
11collection of licensure fees.
12 Sec. 83. Section 152B.12, Code 2026, is amended to read as
13follows:
14152B.12 Suspension and revocation of licenses.
15The board may suspend, or revoke or impose probationary
16conditions upon a license issued pursuant to rules adopted in
17accordance with section 152B.6, or decline to renew a license,
18for a violation of a provision of this chapter, section 147.55,
19section 272C.10, or rules adopted by the board.
20 Sec. 84. Section 152C.3, subsection 1, paragraph c, Code
212026, is amended to read as follows:
22c. Payment of a reasonable fee required by the board which
23shall compensate and be retained by the board for the costs of
24administering this chapter pursuant to section 147.80.
25 Sec. 85. Section 152C.7, Code 2026, is amended to read as
26follows:
27152C.7 Suspension and revocation of licenses.
28The board may suspend, or revoke, or impose probationary
29conditions upon a license issued pursuant to rules adopted in
30accordance with section 152C.3 decline to renew, a license for
31a violation of a provision of this chapter, section 147.55,
32section 272C.10, or rules adopted by the board.
33 Sec. 86. Section 152D.3, subsection 2, Code 2026, is amended
34to read as follows:
352. Application and renewal procedures, fees, Applications
-30-1 and reciprocal agreements shall be provided submitted in
2accordance with rules adopted by the board pursuant to chapter
317A.
4 Sec. 87. Section 152D.5, subsection 1, Code 2026, is amended
5to read as follows:
61. Adopt rules consistent with this chapter, and chapter
7147, and chapter 272C which are necessary for the performance
8of its the board’s duties.
9 Sec. 88. Section 152D.5, subsection 4, Code 2026, is amended
10by striking the subsection.
11 Sec. 89. Section 153.12, Code 2026, is amended to read as
12follows:
13153.12 Board and department defined.
14As used in this chapter, “board”:
151. “Board”means the dental board created under chapter 147.
162. “Department” means the department of inspections,
17appeals, and licensing.
18 Sec. 90. Section 153.22, Code 2026, is amended to read as
19follows:
20153.22 Resident license.
21A dentist or dental hygienist who is serving only as a
22resident, intern, or graduate student and who is not licensed
23to practice in this state is required to obtain from the board
24a temporary or special license to practice as a resident,
25intern, or graduate student. The license shall be designated
26“Resident License” and shall authorize the licensee to serve
27as a resident, intern, or graduate student only, under the
28supervision of a licensed practitioner, in an institution
29approved for this purpose by the board. Such license shall
30be renewed at the discretion of the board. The fee for a
31resident license and the renewal fee shall be set by the board
32based upon the cost of issuance of the license. The board
33shall determine in each instance those eligible for a resident
34license, whether or not examinations shall be given, and the
35type of examination. None of the requirements for regular
-31-1permanent licensure are mandatory for resident licensure except
2as specifically designated by the board. The issuance of a
3resident license shall not in any way indicate that the person
4so licensed is necessarily eligible for regular licensure or
5that the board is obligated to so license the person. The
6board may revoke a resident license at any time it shall
7determine either that the caliber of work done by a licensee
8or the type of supervision being given such licensee does not
9conform to reasonable standards established by the board.
10 Sec. 91. Section 153.33, subsection 1, paragraph b, Code
112026, is amended by striking the paragraph.
12 Sec. 92. Section 153.33, subsection 1, paragraph e, Code
132026, is amended to read as follows:
14e. To promulgate adopt rules as may be necessary to
15implement the provisions of this chapter, chapter 147, and
16chapter 272C.
17 Sec. 93. Section 153.33, subsections 3 and 4, Code 2026, are
18amended by striking the subsections.
19 Sec. 94. Section 153.37, Code 2026, is amended to read as
20follows:
21153.37 Dental college and dental hygiene program faculty
22permits.
23The board may issue a faculty permit entitling the holder
24to practice dentistry or dental hygiene within a college of
25dentistry or a dental hygiene program and affiliated teaching
26facilities as an adjunct to the faculty member’s teaching
27position, associated responsibilities, and functions. The dean
28of the college of dentistry or chairperson of a dental hygiene
29program shall certify to the board those bona fide members of
30the college’s or a dental hygiene program’s faculty who are not
31licensed and registered to practice dentistry or dental hygiene
32in Iowa. Any faculty member so certified shall, prior to
33commencing the member’s duties in the college of dentistry or a
34dental hygiene program, make written application to the board
35for a permit. The permit shall be for a period determined by
-32-1the board and may be renewed at the discretion of the board.
2The fee for the faculty permit and the renewal shall be set by
3the board based upon the administrative cost of issuance of
4the permit. The fee shall be deposited in the same manner as
5fees provided for in section 147.82. The faculty permit shall
6be valid during the time the holder remains a member of the
7faculty and shall subject the holder to all provisions of this
8chapter.
9 Sec. 95. Section 154A.13, Code 2026, is amended to read as
10follows:
11154A.13 Temporary permit.
12A person who has not been licensed as a hearing aid
13specialist may obtain a temporary permit from the department
14upon completion of the application accompanied by the written
15verification of employment from a licensed hearing aid
16specialist. The department shall issue a temporary permit
17for two years which that shall not be renewed or reissued for
18more than a total of two years. The fee for issuance of the
19temporary permit shall be set by the department in accordance
20with the provisions for establishment of fees by boards in
21section 147.80. The temporary permit entitles an applicant to
22engage in the fitting or selection and sale of hearing aids
23under the supervision of a person holding a valid license or an
24audiologist licensed pursuant to chapter 154F.
25 Sec. 96. Section 154B.6, subsections 3 and 4, Code 2026, are
26amended to read as follows:
273. A person who possesses a doctoral degree in psychology
28from an institution approved by the board but who has not
29completed the other requirements for licensure under this
30section may apply for a provisional license. The license shall
31be designated as a “provisional license in psychology”. The
32provisional license shall authorize the licensee to practice
33psychology under the supervision of a supervisor who meets the
34qualifications determined by the board by rule. A provisional
35license shall be valid for a period of two years. The fee for
-33-1a provisional license shall be set by the board to cover the
2administrative costs of issuance. The board shall also set a
3fee for renewal of a provisional license.
44. A person who is enrolled in a doctoral degree program in
5psychology at an institution approved by the board but who has
6not completed the other requirements for licensure under this
7section may apply for a provisional license during the person’s
8internship program. The license shall be designated as a
9“provisional license in psychology”. The provisional license
10shall authorize the licensee to practice psychology under
11the supervision of a supervisor who meets the qualifications
12determined by the board by rule. A provisional license shall
13be valid for a period of two years. The fee for a provisional
14license shall be set by the board to cover the administrative
15costs of issuance. The board shall also set a fee for renewal
16of a provisional license.
17 Sec. 97. Section 154B.13, subsection 1, paragraph a, Code
182026, is amended to read as follows:
19a. Procedures to obtain a conditional prescription
20certificate, a prescription certificate, and a renewal of
21a prescription certificate. The board may set reasonable
22application and renewal fees.
23 Sec. 98. Section 154C.3, subsection 3, Code 2026, is amended
24to read as follows:
253. License renewal and continuing education. Licenses
26 The terms of each license shall be renewed biennially, and
27licensees determined by the department of inspections, appeals,
28and licensing by rule. Licensees shall pay a fee for renewal
29as determined by the board department of inspections, appeals,
30and licensing and shall present evidence satisfactory to the
31board that the licensee has satisfied continuing education
32requirements as determined by the board. The board shall
33not limit the number of continuing education credits that
34may be obtained online in satisfying continuing education
35requirements, provided that any online program providing
-34-1continuing education credits online shall comply with standards
2set by the board.
3 Sec. 99. Section 154D.7, Code 2026, is amended to read as
4follows:
5154D.7 Temporary license — marital and family therapy —
6mental health counseling — fees.
7Any person who has fulfilled all of the requirements for
8licensure under section 154D.2, except for having completed
9the postgraduate supervised clinical experience requirement as
10determined by the board by rule, may apply to the board for a
11temporary license. The license shall be designated “temporary
12license in marital and family therapy” or “temporary license in
13mental health counseling” and shall authorize the licensee to
14practice marital and family therapy or mental health counseling
15under the supervision of a qualified supervisor as determined
16by the board by rule. The license shall be valid for three
17years and may be renewed at the discretion of the board. The
18fee for a temporary license shall be set by the board to
19cover the administrative costs of issuing the license, and if
20renewed, a renewal fee as set by the board shall be required.
21 Sec. 100. Section 154D.8, unnumbered paragraph 1, Code
222026, is amended to read as follows:
23An applicant who has been a licensed marital and family
24therapist or licensed mental health counselor under the laws
25of another jurisdiction may file an application with the board
26for licensure by endorsement reciprocity. The board shall
27adopt rules requiring an applicant for licensure by endorsement
28 reciprocity to do all of the following:
29 Sec. 101. Section 154E.2, subsection 1, Code 2026, is
30amended to read as follows:
311. Adopt rules consistent with this chapter, and with
32 chapter 147, and chapter 272C which are necessary for the
33performance of its the board’s duties.
34 Sec. 102. Section 154E.3A, Code 2026, is amended to read as
35follows:
-35- 1154E.3A Temporary license.
2An individual who does not meet the requirements for
3licensure by examination pursuant to section 154E.3 may apply
4for or renew a temporary license. The temporary license
5shall authorize the licensee to practice as a sign language
6interpreter or transliterator under the direct supervision
7of a sign language interpreter or transliterator licensed
8pursuant to section 154E.3. The temporary license shall be
9valid for two years one year and may only be renewed one time
10in accordance with standards established by rule be renewed at
11the discretion of the board. An individual shall not practice
12for more than a total of four years under a temporary license.
13The board may revoke a temporary license if it determines that
14the temporary licensee has violated standards established by
15rule. The board may adopt requirements for temporary licensure
16to implement this section.
17 Sec. 103. Section 154E.3B, subsection 3, Code 2026, is
18amended to read as follows:
193. The board shall adopt rules pursuant to chapter 17A,
20and consistent with chapters 147 and 272C, for the process of
21applying for, granting, suspending, reinstating, renewing, and
22revoking a license issued pursuant to this section.
23 Sec. 104. Section 154F.5, Code 2026, is amended to read as
24follows:
25154F.5 Temporary clinical license — fee.
26Any person who has fulfilled all of the requirements for
27licensure under this chapter, except for having completed the
28nine months’ clinical experience requirement as provided in
29section 154F.3, subsection 1 or 2, may apply to the board for a
30temporary clinical license. The license shall be designated
31“temporary clinical license in speech pathology” or “temporary
32clinical license in audiology” and shall authorize the licensee
33to practice speech pathology or audiology under the supervision
34of a licensed speech pathologist or licensed audiologist, as
35appropriate. The license shall be valid for one year and
-36-1may be renewed at the discretion of the board. The fee for
2a temporary clinical license shall be set by the board to
3cover the administrative costs of issuing the license, and if
4renewed, a renewal fee as set by the board shall be required. A
5temporary clinical license shall be issued only upon evidence
6satisfactory to the board that the applicant will be supervised
7by a person licensed as a speech pathologist or audiologist,
8as appropriate.
9 Sec. 105. Section 154F.6, Code 2026, is amended to read as
10follows:
11154F.6 Temporary permit.
12The board may, at its discretion, issue a temporary permit
13to a nonresident authorizing the permittee to practice
14speech pathology or audiology in this state for a period
15not to exceed three months whenever, in the opinion of the
16board, a need exists and the permittee, in the opinion of the
17board, possesses the necessary qualifications which shall be
18substantially equivalent to those required for licensure by
19this chapter.
20 Sec. 106. Section 155.4, Code 2026, is amended to read as
21follows:
22155.4 Licensing function.
23The board shall license nursing home administrators in
24accordance with this chapter, chapter 147, chapter 272C, and
25rules issued by the board. A nursing home administrator’s
26license shall not be transferable and, if not inactive,
27shall be valid until revoked pursuant to section 147.55 or
28voluntarily surrendered.
29 Sec. 107. Section 155.5, Code 2026, is amended to read as
30follows:
31155.5 License fees.
32Each person licensed as a nursing home administrator shall
33be required to must pay a license fee in an amount to be fixed
34by the board department of inspections, appeals, and licensing.
35The license shall expire in multiyear intervals determined by
-37-1the board department of inspections, appeals, and licensing and
2be renewable upon payment of a renewal fee. A person who fails
3to renew a license by the expiration date shall be allowed to
4do so within thirty days following its expiration, but the
5board may assess a reasonable penalty.
6 Sec. 108. Section 155A.3, Code 2026, is amended by adding
7the following new subsection:
8 NEW SUBSECTION. 10A. “Department” means the department of
9inspections, appeals, and licensing.
10 Sec. 109. Section 155A.7, subsections 1 and 2, Code 2026,
11are amended to read as follows:
121. Registration programs for pharmacist-interns, pharmacy
13technicians, and pharmacy support persons are established for
14the purposes of identification, tracking, and disciplinary
15action for the violation of federal drug laws or regulations,
16state drug or pharmacy laws, or rules of the board and
17department.
182. A person who is or desires to be a pharmacist-intern,
19pharmacy technician, or pharmacy support person in this state
20shall apply to the board for registration on a form prescribed
21by the board department.
22a. A pharmacist-intern shall be registered during internship
23training and thereafter pursuant to rules adopted by the board.
24b. An applicant for a new pharmacy technician registration
25or for a pharmacy technician renewal shall provide proof of
26current certification by a national technician certification
27authority approved by the board. A person who is in the
28process of acquiring national certification as a pharmacy
29technician and who is in training to become a pharmacy
30technician shall register with the board as a pharmacy
31technician.
32 Sec. 110. Section 155A.7, subsection 3, unnumbered
33paragraph 1, Code 2026, is amended to read as follows:
34The board shall adopt rules pursuant to chapter 17A on
35matters pertaining to pharmacist-intern, pharmacy technician,
-38-1and pharmacy support person registration, renewals, fees,
2 training, national certification for pharmacy technicians,
3approval of preceptors for pharmacist-interns, and other
4relevant matters. The department shall adopt rules pursuant to
5chapter 17A related to registration, renewal, and fees.
6 Sec. 111. Section 155A.8, subsection 4, Code 2026, is
7amended to read as follows:
84. The board department shall specify by rule procedures
9and fees to renew a pharmacist license and penalties for late
10renewal or failure to renew a pharmacist license.
11 Sec. 112. Section 155A.13, subsection 2, Code 2026, is
12amended to read as follows:
132. The board department shall specify by rule the licensing
14procedures to be followed, including specifications of forms
15for use in applying for a pharmacy license and fees for filing
16an application.
17 Sec. 113. Section 155A.13, subsection 6, unnumbered
18paragraph 1, Code 2026, is amended to read as follows:
19To qualify for a pharmacy license, the applicant shall
20submit to the board a license fee as determined by the board
21 department and a completed application on a form prescribed
22by the board department. The application shall include the
23following and such other information as required by rules of
24 adopted by the board department and shall be given under oath:
25 Sec. 114. Section 155A.13A, subsection 1, unnumbered
26paragraph 1, Code 2026, is amended to read as follows:
27A pharmacy located outside of this state that delivers,
28dispenses, or distributes by any method, prescription drugs
29or devices to an ultimate user in this state shall obtain
30a nonresident pharmacy license from the board. The board
31 department shall make available an application form for a
32nonresident pharmacy license and shall require such information
33it deems necessary to fulfill the purposes of this section. A
34nonresident pharmacy shall do all of the following in order to
35obtain a nonresident pharmacy license from the board:
-39-1 Sec. 115. Section 155A.13A, subsection 1, paragraph a, Code
22026, is amended to read as follows:
3a. Submit a completed application form and an application
4fee as determined by the board department.
5 Sec. 116. Section 155A.13C, subsection 1, unnumbered
6paragraph 1, Code 2026, is amended to read as follows:
7Any compounding facility that is registered as an
8outsourcing facility, as defined in 21 U.S.C. §353b, that
9distributes sterile compounded human drug products without
10a patient-specific prescription to an authorized agent or
11practitioner in this state shall obtain an outsourcing facility
12license from the board prior to engaging in such distribution.
13If an outsourcing facility dispenses prescription drugs
14pursuant to patient-specific prescriptions to patients in Iowa,
15the outsourcing facility shall obtain and maintain a valid Iowa
16pharmacy license or Iowa nonresident pharmacy license under
17this chapter. The board department shall make available an
18application form for an outsourcing facility license and shall
19require such information it deems necessary to fulfill the
20purposes of this section. An outsourcing facility shall do all
21of the following in order to obtain an outsourcing facility
22license from the board:
23 Sec. 117. Section 155A.13C, subsection 1, paragraph a, Code
242026, is amended to read as follows:
25a. Submit a completed application form and application fee
26as determined by the board department.
27 Sec. 118. Section 155A.13C, subsection 2, Code 2026, is
28amended by striking the subsection.
29 Sec. 119. Section 155A.14, Code 2026, is amended to read as
30follows:
31155A.14 Renewal of pharmacy license.
32The board department shall specify by rule the procedures to
33be followed and the fee to be paid for a renewal certificate,
34and the penalties for late renewal or failure to renew a
35pharmacy license.
-40-1 Sec. 120. Section 155A.17, subsection 3, Code 2026, is
2amended to read as follows:
33. The board shall adopt rules establishing requirements
4for wholesale distributor licenses, licensure fees, and other
5relevant matters consistent with the federal Drug Supply Chain
6Security Act, 21 U.S.C.§360eee et seq. Licensure fees shall
7be established by the department by rule.
8 Sec. 121. Section 155A.17A, subsection 3, Code 2026, is
9amended to read as follows:
103. The board shall adopt rules establishing requirements
11for a third-party logistics provider license, licensure fees,
12 and other relevant matters consistent with the federal Drug
13Supply Chain Security Act, 21 U.S.C.§360eee et seq. Licensure
14fees shall be established by the department by rule.
15 Sec. 122. Section 155A.43, Code 2026, is amended to read as
16follows:
17155A.43 Pharmaceutical collection and disposal program —
18annual allocation.
19Of the fees collected by the board department pursuant to
20sections 124.301 and 147.80 and this chapter, and retained by
21the board department pursuant to section 147.82, the board
22 department may annually allocate a sum deemed by the board
23 department to be adequate for administering the pharmaceutical
24collection and disposal program. The program shall provide
25for the management and disposal of unused, excess, and expired
26pharmaceuticals, including the management and disposal
27of controlled substances pursuant to state and federal
28regulations. The board department may contract with one or
29more vendors for the provision of supplies and services to
30manage and maintain the program and to safely and appropriately
31dispose of pharmaceuticals collected through the program.
32 Sec. 123. Section 156.8, Code 2026, is amended to read as
33follows:
34156.8 Internships.
35The board shall, by rule, provide for internships in
-41-1mortuary science, and shall regulate the registration, and
2 training, and fee for internships.
3 Sec. 124. Section 156.14, subsection 2, Code 2026, is
4amended to read as follows:
52. The board shall specify by rule the licensing procedures
6to be followed, including specifications of forms for use in
7applying for an establishment license and fees for filing an
8application. The board shall specify by rule minimum standards
9for professional responsibility in the conduct of a funeral
10establishment or a cremation establishment.
11 Sec. 125. Section 156.14, subsection 3, unnumbered
12paragraph 1, Code 2026, is amended to read as follows:
13To qualify for a funeral establishment or a cremation
14establishment license, the applicant shall submit to the board
15a license fee as determined by the board and a completed
16application on a form prescribed by the board that shall
17include the following information and be given under oath:
18 Sec. 126. Section 156.15, subsection 2, Code 2026, is
19amended by adding the following new paragraphs:
20 NEW PARAGRAPH. e. Failed to keep and maintain records
21required by this chapter or rules adopted under this chapter.
22 NEW PARAGRAPH. f. Violated section 147.55 or 272C.10.
23 Sec. 127. Section 156.15, subsection 3, Code 2026, is
24amended by striking the subsection.
25 Sec. 128. Section 157.4, subsection 2, Code 2026, is amended
26to read as follows:
272. The fee for a temporary permit shall be established by
28the board department as provided in section 147.80.
29 Sec. 129. Section 157.4, subsection 3, paragraph e, Code
302026, is amended to read as follows:
31e. An applicant shall submit an application fee determined
32by the board department by rule.
33 Sec. 130. Section 157.4B, subsection 3, Code 2026, is
34amended by striking the subsection.
35 Sec. 131. Section 157.8, subsection 2, paragraph a, Code
-42-12026, is amended to read as follows:
2a. The application for a license for a school shall be
3accompanied by the annual license fee determined pursuant to
4section 147.80, and shall state the name and location of the
5school and such other additional information as the board may
6require. The license is valid for one year a period determined
7by the department by rule and may be renewed.
8 Sec. 132. Section 157.8, subsection 3, paragraph c, Code
92026, is amended to read as follows:
10c. A person employed as an instructor in the barbering
11and cosmetology arts and sciences by a licensed school shall
12be licensed in the practice and shall possess a separate
13instructor’s license which shall be renewed biennially on
14a schedule as determined by the department by rule. An
15instructor shall file an application with the department on
16forms prescribed by the board. Requirements for licensure as
17an instructor shall be determined by the board by rule.
18 Sec. 133. Section 157.9, Code 2026, is amended to read as
19follows:
20157.9 License suspension and revocation.
21Any license issued by the department under the provisions
22of this chapter may be suspended, revoked, or renewal denied
23by the board for violation of any provision of this chapter,
24chapter 147, chapter 272C, or rules promulgated by the board
25under the provisions of chapter 17A.
26 Sec. 134. Section 157.11, subsection 2, Code 2026, is
27amended to read as follows:
282. The application shall be accompanied by the biennial
29 license fee determined pursuant to section 147.80. The license
30is valid for two years a term determined by the department by
31rule and may be renewed.
32 Sec. 135. Section 272C.3, subsection 2, paragraph a, Code
332026, is amended to read as follows:
34a. Revoke a license, or suspend a license either until
35further order of the board or for a specified period, upon any
-43-1of the grounds specified in section 100D.5, 105.22, 147.55,
2148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.219,
3542.10, 542B.21, 543B.29, 544A.13, 544B.15, or 602.3203 or
4chapter 151 or 155, as applicable, or upon any other grounds
5specifically provided for in this chapter for revocation of
6the license of a licensee subject to the jurisdiction of
7that board, or upon failure of the licensee to comply with a
8decision of the board imposing licensee discipline.
9 Sec. 136. Section 272C.4, subsection 6, Code 2026, is
10amended to read as follows:
116. Define by rule acts or omissions that are grounds for
12revocation or suspension of a license under section 100D.5,
13105.22, 147.55, 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13,
14455B.219, 542.10, 542B.21, 543B.29, 544A.13, 544B.15, or
15602.3203 or chapter 148I, 151, or 155, as applicable, and to
16define by rule acts or omissions that constitute negligence,
17careless acts, or omissions within the meaning of section
18272C.3, subsection 2, paragraph “b”, which licensees are
19required to report to the board pursuant to section 272C.9,
20subsection 2.
21 Sec. 137. Section 272C.5, subsection 2, paragraph c, Code
222026, is amended to read as follows:
23c. Shall state whether the procedures are an alternative
24to or an addition to the procedures stated in sections 100D.5,
25105.23, 105.24, 148.6 through 148.9, 152.10, 152.11, 153.33,
26and 154A.23, 542.11, 542B.22, 543B.35, 543B.36, and 544B.16.
27 Sec. 138. Section 459.102, subsection 44, Code 2026, is
28amended to read as follows:
2944. “Professional engineer” means a person engaged in the
30practice of engineering as defined in section 542B.2 who is
31 has been issued a certificate of licensure as a professional
32engineer pursuant to section 542B.17.
33 Sec. 139. Section 538A.2, subsection 2, paragraph e, Code
342026, is amended to read as follows:
35e. A person licensed as a real estate broker or salesperson,
-44-1 under section 543B.20 chapter 543B, acting within the course
2and scope of that license.
3 Sec. 140. Section 542.3, Code 2026, is amended by adding the
4following new subsections:
5 NEW SUBSECTION. 1A. “Attest and compilation review record”
6means a file, report, or other information relating to the
7professional competence of an applicant in the possession of an
8attest and compilation review team, or information concerning
9an attest and compilation services review developed by a review
10team in the possession of an applicant.
11 NEW SUBSECTION. 1B. “Attest and compilation review report”
12means a study, appraisal, or review of one or more aspects of a
13certified public accounting firm’s compliance with applicable
14accounting, auditing, and other attestation standards adopted
15by generally recognized standard-setting bodies.
16 NEW SUBSECTION. 1C. “Attest and compilation review team”
17means a person or organization participating in an attest and
18compilation review function, but does not include the board.
19 NEW SUBSECTION. 1D. “Attest and compilation services
20review” means a study, appraisal, or review of one or more
21aspects of the professional work of a licensee or firm that
22performs attest or compilation services, by a licensed person
23or persons who are not affiliated with the licensee or firm
24being reviewed. “Attest and compilation services review” does
25not include a peer review conducted pursuant to chapter 272C in
26connection with a disciplinary investigation.
27 Sec. 141. Section 542.3, subsections 19, 20, 21, and 22,
28Code 2026, are amended by striking the subsections.
29 Sec. 142. Section 542.4, subsection 1, unnumbered paragraph
301, Code 2026, is amended to read as follows:
31An Iowa accountancy examining board is created within the
32department of inspections, appeals, and licensing pursuant to
33section 147.13 to administer and enforce this chapter.
34 Sec. 143. Section 542.4, subsection 1, paragraphs a, b,
35c, d, e, f, and g, Code 2026, are amended by striking the
-45-1paragraphs.
2 Sec. 144. Section 542.4, subsections 2, 3, 4, 5, 6, and 8,
3Code 2026, are amended by striking the subsections.
4 Sec. 145. Section 542.4, subsection 9, paragraph b, Code
52026, is amended by striking the paragraph.
6 Sec. 146. Section 542.4, subsection 9, paragraphs q and t,
7Code 2026, are amended to read as follows:
8q. Rules regarding peer attest and compilation services
9 review that may be required to be performed under this chapter.
10t. Such other rules as the board deems necessary or
11appropriate for administering this chapter, including but not
12limited to rules establishing fees and rules of professional
13conduct, pertaining to corporations or limited liability
14companies practicing accounting, which the board deems
15consistent with or required by the public welfare. The
16board may adopt rules governing the style, name, and title of
17corporations and limited liability companies and governing the
18affiliation of corporations and limited liability companies
19with other organizations.
20 Sec. 147. Section 542.5, subsection 1, Code 2026, is amended
21to read as follows:
221. A certificate as a certified public accountant may
23be granted to a person of good moral character who makes
24application pursuant to section 542.6 and who satisfies the
25education, experience, and examination requirements of this
26section and rules adopted pursuant to this section.
27 Sec. 148. Section 542.5, subsections 6, 10, and 11, Code
282026, are amended by striking the subsections.
29 Sec. 149. Section 542.6, Code 2026, is amended to read as
30follows:
31542.6 Issuance and renewal of certificates — maintenance of
32competency.
331. a. The board shall issue a certificate to a person who
34makes application on a form prescribed and furnished by the
35board and who demonstrates either of the following:
-46- 1(1) That the person’s qualifications, including where
2applicable the qualifications prescribed by section 542.5,
3satisfy the requirements of this section, or that the person
4holds a certificate issued under prior law.
5(2) That the person holds in good standing a certificate or
6license to practice as a certified public accountant in another
7state or equivalent designation from a foreign country, and is
8eligible under the substantial equivalency or other provisions
9of section 542.19.
10b. The holder of a certificate issued under this section
11 by the board shall only provide attest services in a certified
12public accounting firm that is issued a permit under section
13542.7, or through a certified public accounting firm with a
14practice privilege under section 542.20.
152. A certificate shall be initially issued, and renewed,
16for a period of not more than three years, but in any event
17shall expire on a date specified by rule. A person who fails
18to renew a certificate as a certified public accountant by the
19expiration date shall be allowed to do so within thirty days
20following its expiration, but the board may assess a reasonable
21penalty. The board shall specify by rule the conditions under
22which a lapsed certificate may be reinstated, including the
23imposition of administrative penalties.
243. A certificate holder, for renewal of a certificate
25under this section, shall participate in a program of learning
26designed to maintain professional competency. Such program
27of learning must comply with rules adopted by the board. The
28board, by rule, may grant an exception to this requirement
29for a certificate holder who does not perform or offer to
30perform for the public one or more kinds of services involving
31the use of accounting or auditing skills, including issuance
32of reports on financial statements or the use of one or more
33kinds of management advisory, financial advisory, or consulting
34services, or the preparation of tax returns or the furnishing
35of advice on tax matters. A certificate holder entitled to an
-47-1exception by rule of the board shall place the word “inactive”
2adjacent to the holder’s certified public accountant title on
3any business card, letterhead, or other document or device,
4with the exception of the certificate holder’s certified public
5accountant certificate, on which the certificate holder’s
6certified public accountant title appears.
74. The board shall charge an application fee for initial
8issuance or renewal of a certificate in an amount prescribed by
9the board by rule.
105. An applicant for initial issuance or renewal of a
11certificate shall list in the application all states in which
12the applicant has applied for or holds a certificate, license,
13or permit and list any past denial, revocation, or suspension
14of a certificate, license, or permit. A holder of or applicant
15for a certificate under this section shall notify the board
16in writing, within thirty days after its occurrence, of any
17issuance, denial, revocation, or suspension of a certificate,
18license, or permit by another state.
196. 2. The board, by rule, shall require as a condition for
20renewal of a certificate under this section, by any certificate
21holder who performs compilation services for the public other
22than through a certified public accounting firm or licensed
23public accounting firm, that such individual undergo, no more
24frequently than once every three years, a peer an attest and
25compilation services review conducted in such manner as the
26board shall by rule specify, and such review shall include
27verification that such individual has met the competency
28requirements set out in professional standards for such
29services. The provisions of section 542.7, subsections 10, 11,
30and 12, shall apply to the peer attest and compilation services
31 review required in this subsection.
32 Sec. 150. Section 542.7, subsections 2, 5, and 6, Code 2026,
33are amended by striking the subsections.
34 Sec. 151. Section 542.7, subsection 8, paragraphs a and b,
35Code 2026, are amended to read as follows:
-48- 1a. The board, by rule, shall require as a condition
2of renewal of a permit to practice as a certified public
3accounting firm, that an applicant undergo, no more frequently
4than once every three years, a peer an attest and compilation
5services review conducted in such manner as the board
6specifies. The review shall include a verification that any
7individual in the firm who is responsible for supervising
8attest and compilation services and who signs or authorizes
9someone to sign the accountant’s report on behalf of the firm
10meets the competency requirements set forth in the professional
11standards for such services.
12b. Such rules shall include reasonable provision for
13compliance by an applicant showing that the applicant,
14within the preceding three years, has undergone a peer an
15attest and compilation services review that is a satisfactory
16equivalent to the peer review required under this subsection.
17An applicant’s completion of a peer review program endorsed
18or supported by the American institute of certified public
19accountants, or other substantially similar review as
20determined by the board, satisfies the requirements of this
21subsection.
22 Sec. 152. Section 542.7, subsection 9, paragraph a, Code
232026, is amended to read as follows:
24a. The applicant does not engage in, and does not intend to
25engage in during the following year, financial reporting areas
26of practice, including but not limited to audits, compilations,
27and reviews. An applicant granted a waiver pursuant to this
28paragraph shall immediately notify the board if the applicant
29engages in such practice, and shall be subject to peer an
30attest and compilation services review.
31 Sec. 153. Section 542.7, subsections 10, 11, and 12, Code
322026, are amended to read as follows:
3310. a. Peer Attest and compilation review records are
34privileged and confidential, and are not subject to discovery,
35subpoena, or other means of legal compulsion. Peer Attest
-49-1and compilation review records are not admissible in evidence
2in a judicial, administrative, or arbitration proceeding.
3Unless the subject of a peer an attest and compilation review
4timely objects in writing to the administering entity of
5the peer attest and compilation services review program,
6the administering entity shall make available to the board
7within thirty days of the issuance of the peer attest and
8compilation services review acceptance letter the final peer
9 attest and compilation review report or such peer attest and
10compilation review records as are designated by the peer
11 attest and compilation services review program in which the
12administering entity participates. The subject of a peer an
13attest and compilation services review may voluntarily submit
14the final peer attest and compilation review report directly
15to the board. Information or documents discoverable from
16sources other than a peer an attest and compilation review
17team do not become nondiscoverable from such other sources
18because they are made available to or are in the possession of
19a peer an attest and compilation review team. Information or
20documents publicly available from the American institute of
21certified public accountants relating to quality or peer review
22are not privileged or confidential under this subsection. A
23person or organization participating in the peer an attest
24and compilation services review process shall not testify as
25to the findings, recommendations, evaluations, or opinions of
26a peer an attest and compilation review team in a judicial,
27administrative, or arbitration proceeding.
28b. However, notwithstanding any provision of this subsection
29to the contrary, peer attest and compilation review reports
30concerning the office of auditor of state shall be considered a
31public record pursuant to chapter 22.
3211. A person is not liable as a result of an act, omission,
33or decision made in connection with the person’s service on a
34peer an attest and compilation review team, unless the act,
35omission, or decision is made with actual malice. A person
-50-1is not liable as a result of providing information to a peer
2 an attest and compilation review team, or for disclosure of
3privileged matters to a peer an attest and compilation review
4team.
512. The costs of the peer an attest and compilation services
6 review shall be paid by the applicant.
7 Sec. 154. Section 542.8, subsection 1, paragraph b,
8unnumbered paragraph 1, Code 2026, is amended to read as
9follows:
10The applicant has satisfactorily completed the examination
11prescribed in subsection 2 by the board by rule after having
12met one of the following:
13 Sec. 155. Section 542.8, subsections 2, 3, 4, 5, 6, 7, 9,
1410, 11, 14, and 15, Code 2026, are amended by striking the
15subsections.
16 Sec. 156. Section 542.8, subsections 17, 19, 20, 21, and 22,
17Code 2026, are amended to read as follows:
1817. The board, by rule, shall require as a condition of
19renewal of a permit to practice as a licensed public accounting
20firm, that an applicant undergo, no more frequently than once
21every three years, a peer an attest and compilation services
22 review conducted in such manner as the board specifies. The
23review shall include verification that any individual in the
24firm who is responsible for supervising compilation services
25and who signs or authorizes someone to sign the accountant’s
26report on a financial statement on behalf of the firm meets
27the competency requirements set forth in the professional
28standards for such services. Such rules shall include
29reasonable provision for compliance by an applicant showing
30that the applicant, within the preceding three years, has
31undergone a peer an attest and compilation services review
32that is a satisfactory equivalent to the peer attest and
33compilation services review required under this subsection.
34An applicant’s completion of a peer an attest and compilation
35services review program endorsed or supported by the national
-51-1society of accountants, or other substantially similar review
2as determined by the board, satisfies the requirements of this
3subsection.
419. Peer Attest and compilation review records are
5privileged and confidential, and are not subject to discovery,
6subpoena, or other means of legal compulsion. Peer Attest and
7compilation review records are not admissible in evidence in a
8judicial, administrative, or arbitration proceeding. Unless
9the subject of a peer an attest and compilation services
10 review timely objects in writing to the administering entity
11of the peer attest and compilation services review program,
12the administering entity shall make available to the board
13within thirty days of the issuance of the peer attest and
14compilation services review acceptance letter the final peer
15 attest and compilation review report or such peer attest and
16compilation review records as are designated by the peer
17 attest and compilation services review program in which the
18administering entity participates. The subject of a peer an
19attest and compilation services review may voluntarily submit
20the final peer attest and compilation review report directly to
21the board. Information or documents discoverable from sources
22other than a peer an attest and compilation review team do not
23become nondiscoverable from such other sources because they are
24made available to or are in the possession of a peer an attest
25and compilation review team. Information or documents publicly
26available from the national society of accountants relating to
27quality or peer attest and compilation services review are not
28privileged or confidential under this subsection. A person or
29organization participating in the peer attest and compilation
30services review process shall not testify as to the findings,
31recommendations, evaluations, or opinions of a peer an attest
32and compilation review team in a judicial, administrative, or
33arbitration proceeding.
3420. A person is not liable as a result of an act, omission,
35or decision made in connection with the person’s service in a
-52-1peer an attest and compilation review team, unless the act,
2omission, or decision is made with actual malice. A person
3is not liable as a result of providing information to a peer
4 an attest and compilation review team, or for disclosure of
5privileged matters to a peer an attest and compilation review
6team.
721. The costs of the peer attest and compilation services
8 review shall be paid by the applicant.
922. The board, by rule, shall require as a condition for
10renewal of a license under this section by any license holder
11who performs compilation services for the public other than
12through a licensed public accounting firm or a certified
13public accounting firm, that such individual undergo, no more
14frequently than once every three years, a peer an attest and
15compilation services review conducted in such manner as the
16board shall by rule specify, and such review shall include
17verification that such individual has met the competency
18requirements set out in professional standards for such
19services.
20 Sec. 157. Section 542.8, subsection 18, paragraph a, Code
212026, is amended to read as follows:
22a. The applicant does not engage in, and does not intend
23to engage in during the following year, financial reporting
24areas of practice, including but not limited to compilations.
25An applicant granted a waiver pursuant to this paragraph shall
26immediately notify the board if the applicant engages in such
27practice, and shall be subject to peer attest and compilation
28services review.
29 Sec. 158. Section 542.9, Code 2026, is amended to read as
30follows:
31542.9 Appointment of secretary of state as agent.
32Application for Issuance of a certificate under section
33542.6, or application for a license under section 542.8, a
34permit to practice under section 542.7, or a certificate under
35section 542.19 by a person or a firm not a resident of this
-53-1state constitutes appointment of the secretary of state as
2the applicant’s agent upon whom process may be served in any
3action or proceeding against the applicant arising out of
4a transaction or operation connected with or incidental to
5services performed by the applicant while a licensee within
6this state.
7 Sec. 159. Section 542.10, subsection 1, unnumbered
8paragraph 1, Code 2026, is amended to read as follows:
9After notice and hearing pursuant to section 542.11, the
10 board may revoke, suspend for a period of time not to exceed
11two years, or refuse to renew a license; reprimand, censure,
12or limit the scope of practice of any licensee; impose an
13administrative penalty not to exceed one thousand dollars
14per violation against an individual licensee or ten thousand
15dollars per violation against a firm licensee; require remedial
16actions; or place any licensee on probation; all with or
17without terms, conditions, and in combinations of remedies, for
18any one or more of the following reasons:
19 Sec. 160. Section 542.10, subsection 3, Code 2026, is
20amended to read as follows:
213. In lieu of or in addition to any remedy specifically
22provided in subsection 1, the board may require a licensee to
23satisfy a peer an attest and compilation services review or
24desk review process on such terms as the board may specify,
25satisfactorily complete a continuing education program, or such
26additional remedies as the board may specify by rule.
27 Sec. 161. Section 542.13, subsection 13, paragraph c, Code
282026, is amended to read as follows:
29c. Undergoes, no less frequently than once every three
30years, a peer an attest and compilation services review
31conducted in a manner as specified by the board. The review
32shall include verification that such individual has met the
33competency requirements set out in professional standards for
34such services.
35 Sec. 162. Section 542.14, subsections 1 and 5, Code 2026,
-54-1are amended by striking the subsections.
2 Sec. 163. Section 542.14, subsection 2, Code 2026, is
3amended to read as follows:
42. In addition to a criminal penalty provided for in
5section 542.15 chapter 147, the board may issue an order to
6require compliance with section 542.13 or 542.20 or to revoke a
7practice privilege under section 542.20, and may impose a civil
8penalty not to exceed one thousand dollars for each offense
9upon a person who is not a licensee under this chapter and who
10engages in conduct prohibited by section 542.13 or 542.20.
11Each day of a continued violation constitutes a separate
12offense. The board may impose a penalty up to ten thousand
13dollars per violation against a firm that violates section
14542.13 or 542.20.
15 Sec. 164. Section 542.17, subsection 1, Code 2026, is
16amended to read as follows:
171. A licensee shall not voluntarily disclose information
18communicated to the licensee by a client relating to and
19in connection with services rendered to the client by the
20licensee, except with the permission of the client, or an
21heir, successor, or personal representative of the client.
22Such information is deemed to be confidential. However, this
23section shall not be construed as prohibiting the disclosure of
24information required to be disclosed by the standards of the
25public accounting profession in reporting on the examination of
26financial statements or in the performance of an attest service
27or as prohibiting disclosures in a court proceeding, in an
28investigation or proceeding under this chapter or chapter 272C,
29in an ethical investigation conducted by a private professional
30organization, in the course of a peer an attest and compilation
31services review, to another person active in the licensee’s
32firm performing services for that client on a need-to-know
33basis, to persons associated with the investigative entity who
34need this information for the sole purpose of assuring quality
35control, or as otherwise required by law.
-55-1 Sec. 165. Section 542.18, subsection 1, Code 2026, is
2amended to read as follows:
31. Subject to section 542.17, all statements, records,
4schedules, working papers, and memoranda made by a licensee or
5a partner, shareholder, officer, director, member, manager,
6or employee of a licensee, incident to, or in the course of,
7rendering services to a client, except reports submitted by
8the licensee to the client and except for records that are
9part of the client’s records, are the property of the licensee
10in the absence of an express agreement between the licensee
11and the client to the contrary. Such statement, record,
12schedule, working paper, or memorandum shall not be sold,
13transferred, or bequeathed, without the consent of the client
14or the client’s personal representative or assignee, to anyone
15other than a surviving partner, stockholder, or member of
16the licensee, or any combined or merged firm or successor in
17interest to the licensee. This section shall not be construed
18as prohibiting a temporary transfer of working papers or other
19material necessary in the course of carrying out peer attest
20and compilation services reviews or as otherwise interfering
21with the disclosure of information pursuant to section 542.17.
22 Sec. 166. Section 542.19, subsection 1, paragraph c,
23subparagraph (3), Code 2026, is amended by striking the
24subparagraph.
25 Sec. 167. Section 542.20, subsection 5, paragraph e, Code
262026, is amended to read as follows:
27e. The firm shall comply with the ownership and peer attest
28and compilation services review requirements of section 542.7.
29 Sec. 168. Section 542.20, subsection 6, paragraphs c and d,
30Code 2026, are amended to read as follows:
31c. An individual who provides attest services in Iowa or
32for a client having a home office in Iowa must practice through
33a certified public accounting firm that is licensed under
34section 542.7, or through a certified public accounting firm
35that is validly licensed in the state of its principal place of
-56-1business and complies with the ownership and peer attest and
2compilation services review requirements of section 542.7.
3d. An individual who provides compilation services in Iowa
4or for a client having a home office in Iowa must comply with
5the peer attest and compilation services review provisions of
6section 542.6, subsection 6, or provide such services through a
7certified public accounting firm, a licensed public accounting
8firm, or substantially equivalent firm that is validly licensed
9in the firm’s principal place of business and is subject to
10the peer attest and compilation services review and ownership
11provisions of section 542.7 or 542.8.
12 Sec. 169. Section 542.20, subsection 7, paragraph c, Code
132026, is amended to read as follows:
14c. Agrees to supply the board, upon the board’s request
15and without subpoena, such information or records as licensees
16are similarly required to provide the board under this chapter
17regarding themselves or, in the case of a firm, regarding
18the individuals practicing through the firm, including
19but not limited to licensure status in all jurisdictions;
20qualifications for substantial equivalency reciprocity under
21section 542.19, subsection 1, paragraph “a”, “b”, or “c”;
22location of principal place of business and all other offices;
23criminal and disciplinary background; malpractice settlements
24and judgments; firm ownership and when applicable, information
25regarding nonlicensee owners; whether public accounting
26services are subject to peer attest and compilation services
27 review; proof of completion of peer attest and compilation
28services review, when applicable; qualifications to supervise
29attest services, when applicable; and timely response to
30inquiries regarding complaints and investigations conducted
31under this chapter.
32 Sec. 170. Section 542B.3, Code 2026, is amended to read as
33follows:
34542B.3 Engineering and land surveying examining board
35created.
-57- 1An engineering and land surveying examining board is
2created within the department of inspections, appeals, and
3licensing. The board consists of three members who are
4licensed professional engineers, two members who are licensed
5professional land surveyors, and two members who are not
6licensed professional engineers or licensed professional land
7surveyors and who shall represent the general public. An
8individual who is licensed as both a professional engineer and
9a professional land surveyor may serve to satisfy the board
10membership requirement for either a licensed professional
11engineer or a licensed professional land surveyor, but not
12both. Members shall be appointed by the governor subject
13to confirmation by the senate. A licensed member shall
14be actively engaged in the practice of engineering or land
15surveying and shall have been so engaged for five years
16preceding the appointment, the last two of which shall have
17been in Iowa. Insofar as practicable, licensed engineer
18members of the board shall be from different branches of the
19profession of engineering. Professional associations or
20societies composed of licensed engineers or licensed land
21surveyors may recommend the names of potential board members
22whose profession is representative of that association or
23society to the governor. However, the governor is not bound by
24the recommendations. A board member shall not be required to
25be a member of any professional association or society composed
26of professional engineers or professional land surveyors.
27 Sec. 171. Section 542B.15, Code 2026, is amended to read as
28follows:
29542B.15 Examinations — report required.
30Examinations for licensure shall be given as often as
31deemed necessary by the department of inspections, appeals,
32and licensing, but no less than one time per year. The scope
33of the examinations and the methods of procedure shall be
34prescribed by the board. The identity of the person taking
35the examination shall be concealed until after the examination
-58-1has been graded by the department of inspections, appeals,
2and licensing. As soon as practicable after the close of
3each examination, a report shall be filed in the office of
4the secretary of the board by the department of inspections,
5appeals, and licensing. The report shall show the action of
6the board upon each application and the secretary of the board
7shall notify each applicant of the result of the applicant’s
8examination. Applicants who fail the examination once shall
9be allowed to take the examination at the next scheduled
10time. Thereafter, the applicant shall be allowed to take the
11examination at the discretion of the board. An applicant who
12has failed the examination may request in writing information
13from the board concerning the applicant’s examination grade and
14subject areas or questions which the applicant failed to answer
15correctly, except that if the board administers a uniform,
16standardized examination, the board shall only be required
17to provide the examination grade and such other information
18concerning the applicant’s examination results which are
19available to the board.
20 Sec. 172. Section 542B.27, subsection 4, Code 2026, is
21amended to read as follows:
224. Before issuing an order under this section, the board
23shall provide the person written notice and the opportunity to
24request a hearing on the record. The hearing must be requested
25within thirty days of the issuance of the notice and shall be
26conducted in the same manner as provided in section 542B.22.
27 Sec. 173. Section 543B.8, Code 2026, is amended to read as
28follows:
29543B.8 Real estate commission created — staff.
301. A real estate commission is created within the department
31of inspections, appeals, and licensing. The commission
32consists of four members licensed under this chapter and one
33member not licensed under this chapter and who shall represent
34the general public. Commission members shall be appointed by
35the governor subject to confirmation by the senate.
-59- 12. No more than one member shall be appointed from a
2county. A commission member shall not hold any other elective
3or appointive state or federal office. At least one of the
4licensed members shall be a licensed real estate salesperson,
5except that if the licensed real estate salesperson becomes
6a licensed real estate broker during a term of office,
7that person may complete the term, but is not eligible for
8reappointment on the commission as a licensed real estate
9salesperson. A licensed member shall be actively engaged
10in the real estate business. Professional associations or
11societies of real estate brokers or real estate salespersons
12may recommend the names of potential commission members to
13the governor. However, the governor is not bound by their
14recommendations. A commission member shall not be required to
15be a member of any professional association or society composed
16of real estate brokers or salespersons.
173. Appointments shall be for three-year terms and shall
18commence and end as provided in section 69.19. A member
19shall serve no more than three terms or nine years, whichever
20is less. Vacancies shall be filled for the unexpired term
21by appointment of the governor and are subject to senate
22confirmation.
234. A majority of the commission members constitutes a
24quorum.
255. The director of the department of inspections, appeals,
26and licensing shall hire and provide staff to assist the
27commission with implementing this chapter and shall hire a
28real estate education director to assist the commission in
29administering education programs for the commission.
30 Sec. 174. Section 543B.9, Code 2026, is amended to read as
31follows:
32543B.9 Rules.
33The real estate commission may adopt rules to carry out and
34administer the provisions of this chapter. The commission may
35carry on a program of education of real estate practices and
-60-1matters relating to real estate. The commission shall adopt
2rules necessary to carry out the provisions of chapter 558A
3 relating to the disclosure of information before the transfer
4of real estate.
5 Sec. 175. Section 543B.15, subsections 1, 3, 4, 5, and 6,
6Code 2026, are amended by striking the subsections.
7 Sec. 176. Section 543B.15, subsections 2 and 9, Code 2026,
8are amended to read as follows:
92. To qualify for a license as a real estate broker
10or salesperson a person shall be eighteen years of age or
11over. However, an applicant is not ineligible because of
12citizenship, sex, race, religion, marital status, or national
13origin, although the application form may require citizenship
14information.
159. An applicant for an initial real estate broker’s or
16salesperson’s license shall be subject to a national criminal
17history check through the federal bureau of investigation
18pursuant to rules adopted by the department pursuant to
19chapter 17A. The commission shall request the criminal
20history check and shall provide the applicant’s fingerprints
21to the department of public safety for submission through
22the state criminal history repository to the federal bureau
23of investigation. The applicant shall authorize release of
24the results of the criminal history check to the real estate
25commission. The applicant shall pay the actual cost of the
26fingerprinting and criminal history check, if any. Unless the
27criminal history check was completed within the two hundred
28ten calendar days prior to the date the license application
29is received by the real estate commission, the commission
30shall reject and return the application to the applicant. The
31commission shall process the application but hold delivery
32of the license until the background check is complete. The
33results of a criminal history check conducted pursuant to
34this subsection shall not be considered a public record under
35chapter 22.
-61-1 Sec. 177. Section 543B.20, Code 2026, is amended to read as
2follows:
3543B.20 Examination.
4Examinations for a license shall be given as often as deemed
5necessary by the real estate commission, but no less than one
6time per year. Each applicant for a license must pass an
7examination authorized by the commission and administered by
8the commission or persons designated by the commission. The
9examination shall be of scope and wording sufficient in the
10judgment of the commission to establish the competency of the
11applicant to act as a real estate broker or salesperson in a
12manner to protect the interests of the public. An examination
13for a real estate broker shall be of a more exacting nature
14than that for a real estate salesperson and require higher
15standards of knowledge of real estate. The identity of the
16persons taking the examinations shall be concealed until after
17the examination has been graded. A person who fails to pass
18either examination once may immediately apply to take the next
19available examination. Thereafter, the applicant may take the
20examination at the discretion of the commission. An applicant
21who has failed either examination may request in writing
22information from the commission concerning the applicant’s
23examination grade and subject areas or questions which the
24applicant failed to answer correctly, except that if the
25commission administers a uniform, standardized examination, the
26commission is only required to provide the examination grade
27and other information concerning the applicant’s examination
28results which is available to the commission.
29 Sec. 178. Section 543B.29, subsection 1, paragraph f, Code
302026, is amended to read as follows:
31f. (1) Conviction of an offense included in section
32543B.15, subsection 3 in violation of the laws of this state
33or another jurisdiction of the United States. For purposes of
34this section, “conviction” means a conviction for an indictable
35offense and includes the court’s acceptance of a guilty plea,
-62-1a deferred judgment from the time of entry of the deferred
2judgment until the time the defendant is discharged by the
3court without entry of judgment, or other finding of guilt by
4a court of competent jurisdiction. A copy of the record of
5conviction, guilty plea, deferred judgment, or other finding of
6guilt is conclusive evidence.
7(1) A licensed real estate broker or salesperson shall
8notify the commission of the licensee’s conviction of an
9offense included in section 543B.15, subsection 3, paragraph
10“a”, within ten days of the conviction. Notification of a
11conviction for an offense which is classified as a felony shall
12result in the immediate suspension of a license pending the
13outcome of a hearing conducted pursuant to section 543B.35 to
14determine the nature of the disciplinary action, if any, the
15commission will impose on the licensee. The hearing shall be
16conducted within thirty days of the licensee’s notification to
17the commission, and the commission’s decision shall be provided
18to the licensee no later than thirty days following the
19hearing. The failure of the licensee to notify the commission
20of the conviction within ten days of the date of the conviction
21is sufficient grounds for revocation of the license.
22(2) The commission, when considering the revocation
23or suspension of a license pursuant to this paragraph “f”,
24shall consider the nature of the offense; any aggravating or
25extenuating circumstances which are documented; the time lapsed
26since the conduct or conviction; the rehabilitation, treatment,
27or restitution performed by the licensee; and any other factors
28the commission deems relevant. Character references may be
29required but shall not be obtained from licensed real estate
30brokers or salespersons.
31 Sec. 179. Section 543B.29, subsections 2 and 4, Code 2026,
32are amended by striking the subsections.
33 Sec. 180. Section 543B.31, Code 2026, is amended to read as
34follows:
35543B.31 Place of business — branch license.
-63- 1Every real estate broker, except as provided in section
2543B.22, shall maintain a place of business in this state. A
3real estate broker may maintain more than one place of business
4within the state and a broker may be the designated broker
5of more than one branch office within the state. If the
6real estate broker maintains more than one place of business
7within the state, a duplicate license shall be issued to such
8broker for each branch office maintained. A fee determined by
9the real estate commission shall be paid for each duplicate
10license.
11 Sec. 181. Section 543B.34, subsection 1, unnumbered
12paragraph 1, Code 2026, is amended to read as follows:
13The real estate commission may upon its own motion and
14shall upon the verified complaint in writing of any person,
15if the complaint together with evidence, documentary or
16otherwise, presented in connection with the complaint makes
17out a prima facie case, request commission staff or any other
18duly authorized representative or designee to investigate the
19actions of any real estate broker, real estate salesperson, or
20other person who assumes to act in such capacity within this
21state. The commission may assess civil penalties against any
22person or entity, and may suspend or revoke a license issued
23under this chapter at any time if the licensee has by false
24or fraudulent representation obtained a license, or if the
25licensee or other person assuming to act in the capacity of
26a real estate broker or real estate salesperson, except for
27those actions exempt pursuant to section 543B.7, is found to be
28guilty of any of the following:
29 Sec. 182. Section 543B.34, subsection 3, Code 2026, is
30amended by striking the subsection.
31 Sec. 183. Section 543B.46, subsections 3 and 6, Code 2026,
32are amended to read as follows:
333. Each broker required to maintain a trust account pursuant
34to this section shall authorize the real estate commission
35 department of inspections, appeals, and licensing to examine
-64-1each trust account and shall obtain the certification of the
2federally insured depository institution attesting to each
3trust account and consenting to the examination and audit
4of each account by a duly authorized representative of the
5commission. The certification and consent shall be furnished
6on forms prescribed by the commission. This subsection does
7not apply to an individual farm account maintained in the
8name of the owner or owners for the purpose of conducting
9ongoing farm business whether it is conducted by the farm owner
10or by an agent or farm manager when the account is part of
11a farm management agreement between the owner and agent or
12manager. This subsection also does not apply to an individual
13property management account maintained in the name of the
14owner or owners for the purpose of conducting ongoing property
15management whether it is conducted by the property owner or
16by an agent or manager when the account is part of a property
17management agreement between the owner and agent or manager.
186. The commission department of inspections, appeals, and
19licensing shall verify on a test basis, a random sampling
20of the brokers, corporations, professional corporations,
21professional limited liability companies, and partnerships
22for their trust account compliance. The commission may upon
23reasonable cause, or as a part of or after an investigation,
24request or order a special report.
25 Sec. 184. Section 543B.47, subsection 1, Code 2026, is
26amended to read as follows:
271. The real estate commission shall adopt rules requiring
28as a condition of licensure that all real estate licensees,
29except those who hold inactive licenses, carry errors and
30omissions insurance covering all activities contemplated under
31this chapter. The rules shall provide for administration of
32the insurance requirements of this section within the multiyear
33licensing structure required by section 543B.28. However,
34the The rules shall require licensees to submit evidence of
35compliance with this section within twenty calendar days of
-65-1the commission’s request, which may be made on a test basis, a
2random basis, or upon reasonable cause to question a licensee’s
3compliance.
4 Sec. 185. Section 543B.62, subsection 1, Code 2026, is
5amended to read as follows:
61. Except as provided in subsection 2, the duties of a
7licensee specified in this chapter, chapter 147, or chapter
8272C, or in rules adopted pursuant to this chapter supersede
9any fiduciary duties of a licensee to a party to a transaction
10based on common law principles of agency to the extent that
11those common law fiduciary duties are inconsistent with the
12duties specified in this chapter or rules adopted pursuant to
13this chapter.
14 Sec. 186. Section 543D.4, subsection 1, Code 2026, is
15amended to read as follows:
161. A real estate appraiser examining board is established
17within the department of inspections, appeals, and licensing.
18The board consists of five members, one of whom shall be a
19public member and four of whom shall be certified real estate
20appraisers.
21 Sec. 187. Section 543D.4, subsections 2, 3, 4, 5, 6, 7, 8,
229, and 10, Code 2026, are amended by striking the subsections.
23 Sec. 188. Section 543D.9, Code 2026, is amended to read as
24follows:
25543D.9 Education and experience requirement.
26The board shall determine what real estate appraisal or real
27estate appraisal review experience and what education shall be
28required to provide appropriate assurance that an applicant for
29certification is competent to perform the certified appraisal
30work which is within the scope of practice defined by the
31board. All experience required for initial certification shall
32be performed as a registered associate real estate appraiser
33acting under the direct supervision of a certified real estate
34appraiser who meets the supervisory requirements established
35by applicable federal authorities or federal law, rule, or
-66-1policy in effect at the time the hours of experience are
2claimed, except as the board may provide by rule. Subject
3to requirements or limitations established by applicable
4federal authorities or federal law, rule, or policy, hours
5qualifying for experience in a bordering another state will
6be considered qualifying hours for experience in this state
7without requiring a waiver or authorization from the board
8in accordance with rules and standards adopted by the board.
9Qualifying hours completed in a bordering another state shall
10be under the direct supervision of a certified real estate
11appraiser with active certification in that bordering state.
12The board shall prescribe a required minimum number of tested
13hours of education relating to the provisions of this chapter,
14the uniform appraisal standards, and other rules issued in
15accordance with this chapter.
16 Sec. 189. Section 543D.21, subsection 1, Code 2026, is
17amended by striking the subsection.
18 Sec. 190. Section 544A.1, subsection 2, Code 2026, is
19amended to read as follows:
202. The architectural examining board is created within the
21department of inspections, appeals, and licensing. The board
22consists of four members who possess a license issued under
23section 544A.9, and one member who does not possess a license
24issued under section 544A.9 and who shall represent the general
25public. Members shall be appointed by the governor subject to
26confirmation by the senate.
27 Sec. 191. Section 544A.1, subsection 3, Code 2026, is
28amended by striking the subsection.
29 Sec. 192. Section 544A.5, Code 2026, is amended to read as
30follows:
31544A.5 Duties.
32The architectural examining board shall enforce this
33chapter, shall adopt rules pursuant to chapter 17A for the
34examination of applicants for the license provided by this
35chapter, and shall, after due public notice, hold meetings each
-67-1year for the purpose of examining applicants for licensure
2and the transaction of business pertaining to the affairs of
3the board. Examinations shall be given as often as deemed
4necessary, but not less than annually. Action at a meeting
5shall not be taken without the affirmative votes of a majority
6of the members of the board. The director of the department
7of inspections, appeals, and licensing shall hire and provide
8staff to assist the board with implementing this chapter.
9 Sec. 193. Section 544A.8, subsection 1, Code 2026, is
10amended to read as follows:
111. Any person may apply for a license or may apply to take
12an examination for licensure under this chapter. The board
13shall not require that the application contain a photograph of
14the applicant.
15 Sec. 194. Section 544A.15, subsection 2, Code 2026, is
16amended by striking the subsection.
17 Sec. 195. Section 544A.16, subsection 2, Code 2026, is
18amended to read as follows:
192. “Board” means the architectural examining board
20established created in section 544A.1.
21 Sec. 196. Section 544A.29, Code 2026, is amended to read as
22follows:
23544A.29 Rules.
24The board may adopt rules consistent with this chapter for
25the administration and enforcement of pursuant to chapter 17A
26to administer and enforce this chapter and may prescribe forms
27to be issued. The rules may include, but are not limited
28to, standards and criteria for licensure, license renewal,
29professional conduct, misconduct, and discipline. Violation
30of a rule of conduct is grounds for disciplinary action or
31reprimand or probation at the discretion of the board. The
32board may enter into a consent order with an architect which
33acknowledges an architect’s violation and agreement to refrain
34from any further violation. A willful or repeated violation
35of a rule of conduct is grounds for disciplinary action as
-68-1provided in section 544A.13.
2 Sec. 197. Section 544B.1, subsection 1, Code 2026, is
3amended to read as follows:
41. “Board” means the landscape architectural examining board
5established created pursuant to section 544B.3.
6 Sec. 198. Section 544B.3, Code 2026, is amended to read as
7follows:
8544B.3 Landscape architectural examining board created.
91. A landscape architectural examining board is created
10within the department of inspections, appeals, and licensing.
11The board consists of five members who are professional
12landscape architects and two members who are not professional
13landscape architects and who shall represent the general
14public. Members shall be appointed by the governor, subject
15to confirmation by the senate. Four of the five professional
16members shall be actively engaged in the practice of landscape
17architecture or the teaching of landscape architecture in
18an accredited college or university, and shall have been so
19engaged for five years preceding appointment, the last two of
20which shall have been in Iowa. One of the five professional
21members shall be actively engaged in the practice of landscape
22architecture or the teaching of landscape architecture in an
23accredited college or university, and may have been so engaged
24for fewer than five years preceding appointment but at least
25one year preceding appointment. Associations or societies
26composed of professional landscape architects may recommend the
27names of potential board members to the governor. However,
28the governor is not bound by the recommendations. A board
29member shall not be required to be a member of any professional
30association or society composed of professional landscape
31architects.
322. Appointments shall be for three-year terms and shall
33commence and end as provided in section 69.19. Vacancies shall
34be filled for the unexpired term by appointment of the governor
35and are subject to senate confirmation. Members shall serve no
-69-1more than three terms or nine years, whichever is less.
2 Sec. 199. Section 544B.5, Code 2026, is amended to read as
3follows:
4544B.5 Duties.
5The board shall enforce this chapter and shall make rules
6for the examination of applicants for licensure. The board
7shall keep a record of its proceedings. The board shall adopt
8an official seal which shall be affixed to all certificates
9of licensure granted. The board may make other rules, not
10inconsistent with law, as necessary for the proper performance
11of its duties. The board shall maintain a roster showing the
12name, place of business, and residence, and the date and number
13of the certificate of licensure of every professional landscape
14architect in this state. The director of the department of
15inspections, appeals, and licensing shall hire and provide
16staff to assist the board in implementing this chapter.
17 Sec. 200. Section 544B.8, Code 2026, is amended to read as
18follows:
19544B.8 Examination.
201. A person applying for a certificate of licensure as a
21professional landscape architect shall satisfactorily pass an
22examination in technical and professional subjects prescribed
23by the board. The board may adopt the uniform standardized
24examination and grading procedures of a national certification
25body recognized by the board. The examination may be conducted
26by representatives of the board. The identity of a person
27taking the examination shall be concealed until after the
28examination is graded. The fee for examination shall be based
29on the annual cost of administering the examinations. The
30public members of the board shall be allowed to participate in
31administrative, clerical, or ministerial functions incident to
32giving the examination, but shall not determine the content of
33the examination or determine the correctness of the answers.
342. An applicant who has failed the examination may
35request in writing information from the board concerning the
-70-1applicant’s examination grade and subject areas or questions
2which the applicant failed to answer correctly, except that
3if the board administers a uniform, standardized examination,
4the board shall only be required to provide the examination
5grade and such other information concerning the applicant’s
6examination results which are available to the board.
7 Sec. 201. Section 544B.9, subsection 1, unnumbered
8paragraph 1, Code 2026, is amended to read as follows:
9Any person may apply for a certificate of licensure or
10may apply to take an examination for such certification.
11Applications for licensure shall be on forms prescribed and
12furnished by the board, shall contain statements made under
13oath, showing the applicant’s education and detail summary of
14the applicant’s pertinent practical landscape architectural
15work and experience. The board shall not require that a recent
16photograph of the applicant be attached to the application
17form. An applicant shall not be ineligible for licensure on
18the basis of membership in any protected class under chapter
19216. The board may consider the past felony record of an
20applicant only if the felony conviction relates directly to
21the practice of landscape architecture. Character references
22may be required but shall not be obtained from professional
23landscape architects. Each applicant for licensure as
24a professional landscape architect shall meet one of the
25following requirements:
26 Sec. 202. Section 544B.20, subsection 5, Code 2026, is
27amended to read as follows:
285. To apply to the business conducted in this state by any
29planner, agriculturist, soil conservationist, horticulturist,
30tree expert, arborist, forester, nursery or landscape nursery
31person, gardener, landscape gardener, landscape contractor,
32garden or lawn caretaker, tiling contractor, grader or
33cultivator of land, golf course designer or contractor,
34or similar business. However, such person shall not use
35the designation landscape architect or any title or device
-71-1indicating or representing that such person is a professional
2landscape architect or is practicing landscape architecture
3unless such person is licensed under the provisions of section
4544B.11 pursuant to this chapter.
5 Sec. 203. Section 544C.2, subsection 1, Code 2026, is
6amended to read as follows:
71. An interior design examining board is established within
8the department. The board consists of seven members: five
9members who are interior designers who are registered under
10this chapter and who have been in the active practice of
11registered interior design for not less than five years, the
12last two of which shall have been in Iowa; and two members who
13are not registered under this chapter and who shall represent
14the general public. Members shall be appointed by the governor
15subject to confirmation by the senate.
16 Sec. 204. Section 544C.2, subsections 2 and 3, Code 2026,
17are amended by striking the subsections.
18 Sec. 205. Section 544C.3, subsection 1, paragraphs e and f,
19Code 2026, are amended by striking the paragraphs.
20 Sec. 206. Section 544C.3, subsection 2, Code 2026, is
21amended by striking the subsection.
22 Sec. 207. Section 710A.3, Code 2026, is amended to read as
23follows:
24710A.3 Affirmative defense.
25It shall be an affirmative defense, in addition to any other
26affirmative defenses for which a defendant may be eligible,
27to a prosecution for a criminal violation of section 152C.5B,
28152C.5C, 157.4A, 157.4B, 710A.2, 710A.2A, or 710A.2B, that the
29violation directly resulted from the defendant’s status as a
30victim of any human trafficking crime under chapter 710A.
31 Sec. 208. REPEAL. Sections 148.2B, 148.7, 148.8, 148.8A,
32148.9, 148.10, 148.12, 148.14, 148C.13, 149.7, 151.12, 152.2,
33152.9, 152.11, 152D.9, 153.19, 154B.8, 155.14, 155.19, 155A.5,
34155A.39, 157.7, 542.11, 542.12, 542.15, 542.16, 542B.4, 542B.6,
35542B.7, 542B.8, 542B.9, 542B.12, 542B.13, 542B.17, 542B.18,
-72-1542B.19, 542B.22, 542B.24, 542B.30, 542B.31, 542B.32, 543B.12,
2543B.13, 543B.14, 543B.16, 543B.18, 543B.19, 543B.21, 543B.22,
3543B.23, 543B.27, 543B.28, 543B.30, 543B.32, 543B.35, 543B.36,
4543B.37, 543B.38, 543B.39, 543B.40, 543B.41, 543B.42, 543B.43,
5543B.44, 543B.49, 543B.50, 543B.51, 543B.52, 543B.53, 543D.6,
6543D.7, 543D.14, 544A.2, 544A.3, 544A.9, 544A.10, 544A.11,
7544A.12, 544A.20, 544A.25, 544A.26, 544A.27, 544B.4, 544B.7,
8544B.10, 544B.11, 544B.13, 544B.14, 544B.15, 544B.16, 544B.17,
9544B.18, 544B.19, 544C.4, 544C.6, 544C.7, 544C.9, and 544C.11,
10Code 2026, are repealed.
11 Sec. 209. APPLICABILITY.
121. The following apply to licenses issued pursuant to
13chapter 103 on or after the effective date of this Act and on or
14after the date on which the department of inspections, appeals,
15and licensing adopts rules setting the term and renewal
16procedures for licenses issued pursuant to chapter 103:
17a. The section of this Act amending section 103.18.
18b. The section of this Act amending section 103.19,
19subsections 1 and 2.
202. The following applies to licenses issued pursuant to
21chapter 105 on or after the effective date of this Act and
22on or after the date on which the department of inspections,
23appeals, and licensing adopts rules setting the term and
24renewal procedures for licenses issued pursuant to chapter 105:
25the section of this Act amending section 105.20, subsection 1.
263. The following applies to licenses issued pursuant to
27chapter 147 on or after the effective date of this Act and
28on or after the date on which the department of inspections,
29appeals, and licensing adopts rules setting the term and
30renewal procedures for licenses issued pursuant to chapter 147:
31the section of this Act amending section 147.10.
324. The following apply to licenses issued pursuant to
33chapter 157 on or after the effective date of this Act and on or
34after the date on which the department of inspections, appeals,
35and licensing adopts rules setting the term and renewal
-73-1procedures for licenses issued pursuant to chapter 157:
2a. The sections of this Act amending section 157.8.
3b. The section of this Act amending section 157.11.
45. The following applies to licenses issued pursuant to
5chapter 542 on or after the effective date of this Act and
6on or after the date on which the department of inspections,
7appeals, and licensing adopts rules setting the term and
8renewal procedures for licenses issued pursuant to chapter 542:
9the sections of this Act amending section 542.7.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to the duties of the department of
14inspections, appeals, and licensing (department), including the
15practice of licensed professions and the duties of professional
16licensing boards.
17The bill changes the definition of “apprentice electrician”
18to include a person participating in a training program
19registered by the Iowa office of apprenticeship (IOA). The
20bill strikes a requirement for the electrical board to adopt an
21official seal and requires a license issued under Code chapter
22103 (electricians and electrical contractors) to be in the form
23of a certificate under the seal of the department and signed by
24the director of the department.
25The bill requires the department to adopt rules to set
26the term of all licenses issued under Code chapter 103, as
27well as renewal fees. Under current law, most licenses under
28Code chapter 103 are valid for a term of three years, except
29that licenses for apprentice electricians and unclassified
30persons are valid for a term of one year. The bill also
31requires a licensee whose license has been revoked, suspended,
32or voluntarily surrendered to apply for reinstatement of the
33license. The changes to the term of licenses issued pursuant
34to Code chapter 103 apply to licenses issued on or after the
35effective date of the bill and on or after the date on which the
-74-1department adopts rules setting the term for licenses issued
2pursuant to Code chapter 103.
3The bill applies the inspection and enforcement provisions
4of Code chapter 103 to all new electrical installations for
5single-family residential applications, rather than only those
6requiring new electrical service equipment. The bill strikes
7a provision making the home address and telephone number of
8licensees in a database of persons licensed pursuant to Code
9chapter 103 confidential. The bill allows the director of the
10department or the administrative staff of the department to
11designate a hearing officer for appeals from among members of
12the electrical board or administrative law judges employed by
13the department.
14The bill changes the definition of “apprentice” under
15Code chapter 105 (plumbers, mechanical professionals, and
16contractors) to include a person participating in a training
17program registered by the IOA. The bill removes the director
18of health and human services or the director’s designee,
19and the commissioner of public safety or the commissioner’s
20designee, from the membership of the plumbing and mechanical
21systems board.
22The bill strikes a provision limiting the length of
23an application form to take an examination for a license
24issued pursuant to Code chapter 105. The bill also strikes
25a provision allowing the plumbing and mechanical systems
26board (plumbing board) to request a recent photograph of an
27applicant.
28The bill strikes a requirement that the plumbing
29board submit an annual report to the general assembly, an
30authorization for the board to charge a fee for a paper
31application, and a provision requiring licenses issued pursuant
32to Code chapter 105 to expire on the same date every third
33year. The bill strikes a provision making the home address
34and telephone number of licensees in a registry of persons
35licensed pursuant to Code chapter 105 confidential. The bill
-75-1requires a person licensed pursuant to Code chapter 105 to
2inform the department if the person changes residence or place
3of practice.
4Commencing January 1, 2027, the bill requires a person
5seeking a journeyperson license pursuant to Code chapter 105 to
6have four years of practical experience with an apprenticeship
7training program registered by the IOA. The bill strikes
8a requirement that the plumbing board establish a special,
9restricted license fee and instead allows the department to
10create a special, restricted license fee. The bill strikes a
11provision related to license applications submitted prior to
12July 1, 2017.
13The bill requires the department to adopt rules to set the
14term of all licenses issued under Code chapter 105, as well as
15renewal fees. The bill also requires a licensee whose license
16has been revoked, suspended, or voluntarily surrendered to
17apply for reinstatement of the license. The changes to the
18term of licenses issued pursuant to Code chapter 105 apply to
19licenses issued on or after the effective date of the bill
20and on or after the date on which the department adopts rules
21setting the term for licenses issued pursuant to Code chapter
22105.
23The bill adds accountants, architects, engineers and land
24surveyors, real estate brokers, real estate salespersons, real
25estate appraisers, landscape architects, and interior designers
26to Code Title IV (public health), subtitle 3 (health-related
27professions), by moving provisions formerly located in
28Code chapters regulating those professions, including those
29related to board composition and title protection. The bill
30makes conforming changes regarding the practice of persons
31licensed pursuant to an interstate licensure compact. The bill
32strikes a provision protecting a person from ineligibility
33for a license due to citizenship status. The bill requires
34every license to practice a profession to be in the form of
35a certificate issued by the department. The bill strikes a
-76-1provision requiring a board to keep the address of record
2of licensees available for public inspection and requires a
3licensee to inform the department of a change in the licensee’s
4address.
5The bill requires the department to adopt rules for the
6expiration, renewal, and reinstatement of all professional
7licenses, and makes conforming changes throughout the Code. A
8license shall not have a renewal interval of more than five
9years. The changes to the term of licenses issued pursuant
10to Code chapter 147 apply to licenses issued on or after the
11effective date of the bill, and on or after the date on which
12the department adopts rules setting the term for licenses
13issued pursuant to Code chapter 147.
14The bill allows a professional licensing board to issue a
15temporary license to practice a profession regulated by the
16board and allows each board to adopt rules for the issuance
17and revocation of a temporary license. The bill requires the
18department to set by rule the duration of a temporary license,
19not to exceed one year. The bill allows a person to renew
20a temporary license but prohibits a person from practicing
21under a temporary license for more than three years. The bill
22also allows a professional licensing board to grant a license,
23registration, or certification by reciprocity. The bill
24allows the director of the department to accept a voluntary
25surrender of a license if accompanied by a written statement
26of intention, which shall have the same force and effect as
27an order of revocation. The bill makes conforming changes
28throughout the Code.
29The bill changes the definition of a quorum for all
30professional licensing boards to be a majority of members who
31are currently serving.
32The bill allows the department to set fees related to the
33issuance and renewal of all professional licenses, and shall
34be deposited in the licensing and regulation fund, and the
35department shall annually review and adjust the fees. The bill
-77-1also allows the department to establish by rule the process for
2issuing reciprocal licenses. The bill requires professional
3boards to adopt rules necessary and proper to administer and
4interpret Code chapter 272C (regulation of licensed professions
5and occupations) and Code chapters 542 through 544C.
6The bill allows professional licensing boards to refer
7violations of Code Title IV (public health), subtitle 3
8(health-related professions), to the attorney general or
9relevant county attorney. Following an investigation, a board
10may refer a knowing violation to the attorney general of any
11state or any other appropriate law enforcement official.
12The bill allows a professional board to impose a penalty,
13injunction, restraining order, or conviction for a single
14violation of a law related to professional regulation without
15showing evidence of a general course of conduct. The bill
16requires the department to employ personnel to conduct
17inspections and investigations and allows the department to
18employ clerical assistants. The costs of employing personnel
19shall be paid from funds appropriated to the department. The
20bill grants investigators the powers and status of peace
21officers. The bill allows the board or department to issue a
22cease and desist order and impose a civil penalty not to exceed
23$1,000 on an unlicensed person acting in the capacity of a
24licensed profession.
25The bill allows the department to administratively close a
26complaint if the complaint does not allege harm to the public
27or is referred to another agency or law enforcement. The
28department may close an investigation if the alleged harm is
29not substantiated or does not merit discipline.
30The bill repeals a provision requiring the salary of the
31executive director of the board of medicine to be established
32by the governor with the approval of the executive council.
33The bill strikes a provision requiring the board of medicine
34to give priority to applications for licensure from applicants
35whose practice will primarily involve providing services to
-78-1underserved populations.
2The bill repeals sections from Code chapter 148 (medicine
3and surgery and osteopathic medicine and surgery) relating to
4the voluntary surrender, relinquishment, and reinstatement
5of a license, temporary licenses, voluntary agreements, and
6investigators. Similar provisions are added to Code chapter
7147 (general provisions, health-related professions).
8The bill requires an applicant for a license to practice as
9an occupational therapist to submit an application in a manner
10prescribed by the board of physical and occupational therapy
11rather than on a written form.
12The bill repeals a Code section requiring the appointment
13of an executive director to the board of nursing. The bill
14changes references in Code chapter 152 (nursing) to licensure
15by endorsement to instead reference reciprocal licenses.
16The bill strikes a transition provision for the unlicensed
17practice of athletic training that is no longer in effect.
18The bill strikes certain provisions related to the conduct
19of disciplinary proceedings conducted by the dental board.
20With respect to a temporary permit issued to a nonresident to
21practice speech pathology or audiology in this state, the bill
22strikes a reference to the permittee being qualified “in the
23opinion of the board”.
24The bill allows a person with a temporary permit to practice
25as a hearing aid specialist to practice under the supervision
26of an audiologist.
27The bill repeals a Code section allowing the board
28of pharmacy to implement a program to monitor impaired
29pharmacists, pharmacist-interns, and pharmacy technicians.
30The bill makes technical corrections regarding discipline
31against licensed funeral establishments.
32The bill strikes a provision making the publication of an
33unlawful announcement to the public regarding barbering and
34cosmetology arts and sciences a serious misdemeanor.
35The bill changes the terms “peer review”, “peer review
-79-1records”, “peer review reports”, and “peer review team”
2to “attest and compilation services review”, “attest
3and compilation review record”, “attest and compilation
4review report”, and “attest and compilation review team”,
5respectively, in Code chapter 542 (public accountants),
6and makes conforming changes. The bill strikes provisions
7regarding the composition and operation of the Iowa accountancy
8examining board (accountancy board) and instead requires the
9accountancy board to operate as provided in Code chapter 147.
10The bill also strikes provisions requiring the accountancy
11board to consider the nature of an offense when considering
12the denial or revocation of a certificate and controlling
13the circumstances under which a person who fails a licensure
14examination may retake the examination.
15The bill strikes a provision limiting the length of time that
16the accountancy board may suspend a license to two years. The
17bill also strikes a provision granting the accountancy board
18the ability to seek injunctions against unlawful actions and
19to issue subpoenas and compel the attendance and testimony of
20witnesses.
21The bill strikes and repeals provisions relating to the
22composition, operation, powers, and compensation of the
23engineering and land surveying examining board (surveying
24board). The bill also strikes a requirement that the
25department file a report with the secretary of the surveying
26board regarding the outcome of examinations administered by the
27board and allowing applicants to retake the examination.
28The bill strikes provisions related to the qualifications
29for licensure as a real estate broker or salesperson. The
30bill retains requirements that an applicant be at least 18
31years of age, complete educational and practical requirements,
32complete an educational course approved by the real estate
33commission, be subject to a national criminal history check,
34and pass an examination. The bill strikes a provision keeping
35the identity of persons taking an examination administered
-80-1by the real estate commission confidential, and provisions
2regarding options available to persons who fail an examination.
3The bill repeals Code sections allowing for the licensing
4of nonresidents. The bill strikes a provision requiring a
5licensee of the real estate commission to notify the commission
6when the licensee is convicted of a crime and requiring the
7commission to discipline the licensee. The bill also strikes
8provisions automatically suspending the license of any person
9granted a license by virtue of the person’s association with
10a broker whose license is revoked, and requiring a licensee’s
11license to be revoked following three violations of Code
12chapter 543B (real estate brokers and salespersons) within
13three years.
14The bill repeals a Code section requiring a person to
15show that the person is licensed as a real estate broker
16or salesperson in order to bring or maintain an action for
17the collection of compensation for the performance of those
18services. The bill also repeals a Code section requiring a
19licensee to notify the real estate commission of any change
20in location of the licensee’s principal place of business
21and requiring the commission to issue a new license for the
22unexpired term of the original license following the payment of
23a fee. The bill strikes provisions granting the real estate
24commission the power to investigate the actions of licensees
25and persons claiming to be licensees. However, the commission
26retains the power to assess civil penalties against licensees
27and persons claiming to be licensees. The bill repeals
28sections granting the real estate commission the power to
29convene hearings and relating to the operation of hearings.
30The bill transfers the authority to inspect real estate
31broker trust accounts from the real estate commission to the
32department. The bill repeals Code sections granting the
33commission the authority to seek injunctive relief, requiring
34the commission to meet as necessary and annually elect a
35chairperson, limiting the participation of public members, and
-81-1prohibiting the disclosure of confidential information. The
2bill allows hours of experience obtained in any other state to
3be used to complete the experience requirements for licensure
4as a real estate appraiser.
5The bill strikes provisions relating to the composition,
6activities, and regulation of members of the real estate
7appraiser examining board, as well as a provision allowing the
8board to seek injunctions and restraining orders.
9The bill strikes provisions relating to the composition
10of the architectural examining board (architect board) and
11allowing professional associations to recommend potential
12board members. The bill also strikes provisions requiring the
13architect board to keep public records relating to the issuance
14of licenses, requiring the board to hold examinations not
15less than annually, and prohibiting the board from requiring
16applicants to include a photograph of the applicant with the
17application for licensure. The bill strikes a provision
18making the unlawful practice of architecture a serious
19misdemeanor, as well as provisions limiting the participation
20of public members, prohibiting the disclosure of confidential
21information, and requiring the board to maintain a roster of
22licensees.
23The bill strikes provisions concealing the identity of
24persons taking an examination for licensure as a professional
25landscape architect, and dictating when a person who has failed
26the examination may request information about the examination.
27The bill also strikes Code sections setting procedures for
28the hearing of complaints by the landscape architect board,
29making the unlawful practice of landscape architecture a simple
30misdemeanor, and allowing the imposition of injunctions to
31restrain persons who violate Code chapter 544B (landscape
32architects).
33The bill strikes provisions relating to the composition of
34the interior design examining board and allowing professional
35associations to recommend potential board members. The bill
-82-1repeals a Code section allowing the interior design examining
2board to seek injunctions to enjoin violations of Code chapter
3544C (registered interior designers).
-83-ss/ko
2and the duties of the professional licensing boards,
3including applications, renewals, and fees, and including
4applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 89.9, Code 2026, is amended to read as
2follows:
389.9 Disposal of fees.
4All fees provided for in this chapter shall be collected
5by the director and remitted to the treasurer of state, to
6be deposited in the licensing and regulation fund created in
7section 10A.507, together with an itemized statement showing
8the source of collection.
9 Sec. 2. Section 89.14, subsections 4 and 8, Code 2026, are
10amended to read as follows:
114. The members of the board shall select a chairperson, vice
12chairperson, and secretary from their membership. However,
13neither the director nor the director’s designee shall serve
14as chairperson. The board shall meet at least quarterly but
15may meet as often as necessary. Meetings shall be set by a
16majority of the board or upon the call of the chairperson,
17or in the chairperson’s absence, upon the call of the vice
18chairperson. A majority of the board members who are currently
19serving shall constitute a quorum.
208. The board department shall establish fees for
21examinations, inspections, annual statements, shop inspections,
22and other services. The fees shall reflect the actual costs
23and expenses necessary to operate the board and perform the
24duties of the director.
25 Sec. 3. Section 89A.3, subsection 2, paragraph i, Code 2026,
26is amended by striking the paragraph.
27 Sec. 4. Section 89A.13, subsection 4, Code 2026, is amended
28to read as follows:
294. The members of the safety board shall select a
30chairperson, vice chairperson, and a secretary from their
31membership. However, neither the director nor the director’s
32designee shall serve as chairperson. The safety board shall
33meet at least quarterly but may meet as often as necessary.
34Meetings shall be set by a majority of the safety board or upon
35the call of the chairperson, or in the chairperson’s absence,
-1-1upon the call of the vice chairperson. A majority of the
2safety board members who are currently serving shall constitute
3a quorum.
4 Sec. 5. Section 89A.19, Code 2026, is amended to read as
5follows:
689A.19 Fees.
71. The department shall set fees to be charged and collected
8for inspections, permits, and commissions.
92. All fees collected by the director pursuant to this
10chapter shall be remitted to the treasurer of state, to be
11 deposited in the licensing and regulation fund created in
12section 10A.507.
13 Sec. 6. Section 103.1, subsection 1, Code 2026, is amended
14to read as follows:
151. “Apprentice electrician” means any person who, as such
16person’s principal occupation, is engaged in learning and
17assisting in the installation, alteration, and repair of
18electrical wiring, apparatus, and equipment as an employee
19of a person licensed under this chapter, and who is licensed
20by the board and is progressing toward completion of an
21apprenticeship training program registered by the Iowa office
22of apprenticeship or the office of apprenticeship of the United
23States department of labor. For purposes of this chapter,
24persons who are not engaged in the installation, alteration, or
25repair of electrical wiring, apparatus, and equipment, either
26inside or outside buildings, shall not be considered apprentice
27electricians.
28 Sec. 7. Section 103.2, subsection 3, paragraph b, Code 2026,
29is amended to read as follows:
30b. Meetings shall be called as needed by the chairperson
31or four members of the board. At any meeting of the board, a
32majority of board members who are currently serving constitutes
33a quorum.
34 Sec. 8. Section 103.5, Code 2026, is amended by striking the
35section and inserting in lieu thereof the following:
-2- 1103.5 Form of license.
2A license under this chapter shall be issued in the form of
3a certificate under the seal of the department and signed by
4the director.
5 Sec. 9. Section 103.6, subsection 1, paragraph d, Code 2026,
6is amended by striking the paragraph.
7 Sec. 10. Section 103.7, Code 2026, is amended to read as
8follows:
9103.7 Fees.
101. The department shall set fees to be charged and collected
11for inspection and other services.
122. All licensing, examination, renewal, and inspection fees
13under this chapter shall be deposited in the licensing and
14regulation fund created in section 10A.507.
15 Sec. 11. Section 103.10A, Code 2026, is amended to read as
16follows:
17103.10A Inactive master electrician license.
18The board may by rule create an inactive master electrician
19license and the department may establish a fee for such a
20license. An applicant for an inactive master electrician
21license shall, at a minimum, meet the requirements of this
22chapter and requirements established by the board by rule
23for licensure as a class A master electrician or a class
24B master electrician. A person licensed as an inactive
25master electrician shall not be authorized to act as a master
26electrician, but shall be authorized to apply for a class A
27master electrician license or a class B master electrician
28license at a future date subject to conditions and under
29procedures established by the board by rule. The conditions
30and procedures shall include but not be limited to completion
31of the required number of contact hours of continuing education
32courses specified in section 103.18, and paying the applicable
33license fee specified in section 103.19 for a class A master
34electrician license or class B master electrician license.
35 Sec. 12. Section 103.15, subsection 1, Code 2026, is amended
-3-1to read as follows:
21. A person shall be licensed by the board and pay a
3licensing fee to work as an apprentice electrician while
4participating in an apprenticeship training program registered
5by the Iowa office of apprenticeship or the office of
6apprenticeship of the United States department of labor in
7accordance with the standards established by that department
8 office. An apprenticeship shall be limited to six years from
9the date of licensure, unless extended by the board upon a
10finding that a hardship existed which prevented completion of
11the apprenticeship program. Such licensure shall entitle the
12licensee to act as an apprentice to an electrical contractor,
13a class A master electrician, a class B master electrician,
14a class A journeyman electrician, or a class B journeyman
15electrician as provided in subsection 3.
16 Sec. 13. Section 103.18, Code 2026, is amended to read as
17follows:
18103.18 License renewal — continuing education.
19In order to renew a class A master electrician license, class
20B master electrician license, class A journeyman electrician
21license, or class B journeyman electrician license issued
22pursuant to this chapter, the licensee shall be required to
23complete eighteen contact hours of continuing education courses
24approved by the board during the three-year period for which a
25license is granted. The contact hours shall include a minimum
26of six contact hours studying the national electrical code
27described in section 103.6, and the remaining contact hours may
28include study of electrical circuit theory, blueprint reading,
29transformer and motor theory, electrical circuits and devices,
30control systems, programmable controllers, and microcomputers
31or any other study of electrical-related material that is
32approved by the board. Any additional hours studying the
33national electrical code shall be acceptable. For purposes of
34this section, “contact hour” means fifty minutes of classroom
35attendance at an approved course under a qualified instructor
-4-1approved by the board.
2 Sec. 14. Section 103.19, Code 2026, is amended to read as
3follows:
4103.19 Licenses — expiration — application — fees.
51. Licenses issued pursuant to this chapter shall
6expire every three years, with the exception of licenses for
7apprentice electricians and unclassified persons, which shall
8expire on an annual basis as determined by the department by
9rule. All license applications shall include the applicant’s
10social security number, which shall be maintained as a
11confidential record and shall be redacted prior to public
12release of an application or other record containing such
13social security number. The board department shall establish
14the fees to be payable for license issuance, reactivation,
15reinstatement, and renewal in amounts not to exceed the
16following:
17a. For each year of the three-year license period for
18issuance and renewal:
19(1) Electrical contractor, one hundred twenty-five dollars.
20(2) Class A master electrician, class B master electrician,
21residential master electrician, one hundred twenty-five
22dollars.
23(3) Class A journeyman electrician, class B journeyman
24electrician, residential electrician, or special electrician,
25twenty-five dollars.
26b. For apprentice electricians or unclassified persons,
27twenty dollars.
282. The holder of an expired license may renew the license
29for during a period of three months from the date of expiration
30 determined by the department by rule upon payment of the
31license fee plus ten percent of the renewal fee for each month
32or portion thereof past the expiration date a penalty as
33determined by the department by rule. All holders of licenses
34expired for more than three months shall apply for a new
35license.
-5- 13. If the board determines that all licenses shall expire
2on the same date every three years for licenses specified in
3subsection 1, paragraph “a”, the license fees shall be prorated
4by month. The board shall determine an individual’s license
5fee based on the number of months that the individual’s license
6will be in effect after being issued and prior to expiration
7 A licensee whose license has been revoked, suspended,
8or voluntarily surrendered must apply for and receive
9reinstatement of the license, as provided by the board by rule,
10prior to practicing a profession licensed under this chapter.
11 Sec. 15. Section 103.23, subsection 3, Code 2026, is amended
12to read as follows:
133. All new electrical installations for single-family
14residential applications requiring new electrical service
15equipment.
16 Sec. 16. Section 103.25, Code 2026, is amended to read as
17follows:
18103.25 Request for inspection — fees.
191. At or before commencement of any installation required
20to be inspected by the board, the licensee or property owner
21making such installation shall submit to the department a
22request for inspection. The board department shall prescribe
23by rule the methods by which the request may be submitted,
24which may include electronic submission or through a form
25prescribed by the board that can be submitted either through
26the mail or by a fax transmission. The board shall also
27prescribe methods by which inspection fees can be paid, which
28may include electronic methods of payment and the manner in
29which fees may be paid. If the board or the department becomes
30aware that a person has failed to file a necessary request for
31inspection, the board shall send a written notification by
32certified mail that the request must be filed within fourteen
33days. Any person filing a late request for inspection shall
34pay a delinquency fee in an amount to be determined by the
35board department. A person who fails to file a late request
-6-1within fourteen days from receipt of the notification shall be
2subject to a civil penalty to be determined by the board by
3rule.
42. Notwithstanding subsection 1, the board may by rule
5provide for the issuance of a single permit to a licensee
6to request multiple inspections. The permit authorizes the
7licensee to perform new electrical installations specified in
8the permit. The board department shall prescribe the methods
9by which the request for multiple inspections may be submitted,
10which may include electronic submission or through a form
11prescribed by the board that can be submitted either through
12the mail or by a fax transmission and the manner in which fees
13may be paid. The board shall also prescribe methods by which
14inspection fees can be paid, which may include electronic
15methods of payment. The board may perform inspections of
16each new electrical installation or any portion of the total
17number of new electrical installations made under each permit.
18The board department shall establish fees for such permits,
19which shall not exceed the total inspection fees that would be
20required if each new electrical installation performed under
21the request for multiple inspections had been performed under
22individual requests for inspections as provided in subsection
231.
24 Sec. 17. Section 103.31, subsection 6, Code 2026, is amended
25to read as follows:
266. The board shall establish an internet-based licensure
27verification database for access by a state or local inspector
28for verification of licensee status. The database shall
29include the name of every person licensed under this chapter
30and a corresponding licensure number. However, the licensee’s
31home address, home telephone number, and other personal
32information as determined by rule shall be confidential.
33 Inspectors shall be authorized to request the name and
34license number of any person working at a job site subject to
35inspection for verification of licensee status. Licensees
-7-1under this chapter shall be required to carry a copy of their
2current license and photo identification at all times when
3employed on a job site for compliance with this subsection.
4 Sec. 18. Section 103.32, subsection 1, Code 2026, is amended
5to read as follows:
61. All state electrical inspection fees shall be due and
7payable to the board department at or before commencement of
8the installation and shall be forwarded with the request for
9inspection. Inspection fees provided in this section shall
10not apply within the jurisdiction of any political subdivision
11if the political subdivision has adopted an ordinance or
12resolution pursuant to this chapter.
13 Sec. 19. Section 103.32, subsection 2, unnumbered paragraph
141, Code 2026, is amended to read as follows:
15The board department shall establish the fees for
16inspections in amounts not to exceed:
17 Sec. 20. Section 103.34, subsection 1, Code 2026, is amended
18to read as follows:
191. Upon receipt of a notice of appeal filed pursuant to
20section 103.33, the chairperson director or administrative
21staff of the board department may designate a hearing officer
22from among the board members, or an administrative law judge
23employed by the department, to hear the appeal or may set the
24matter for hearing before the full board at its next scheduled
25meeting. A majority of the board shall make the decision.
26 Sec. 21. Section 105.2, subsection 1, Code 2026, is amended
27to read as follows:
281. “Apprentice” means any person, other than a helper,
29journeyperson, or master, who, as a principal occupation, is
30engaged in working as an employee of a plumbing, mechanical,
31HVAC-refrigeration, sheet metal, or hydronic systems contractor
32under the supervision of either a master or a journeyperson and
33is progressing toward completion of an apprenticeship training
34program registered by the Iowa office of apprenticeship or the
35 office of apprenticeship of the United States department of
-8-1labor while learning and assisting in the design, installation,
2and repair of plumbing, HVAC, refrigeration, sheet metal, or
3hydronic systems, as applicable.
4 Sec. 22. Section 105.3, subsection 2, paragraph a,
5subparagraphs (1) and (2), Code 2026, are amended by striking
6the subparagraphs.
7 Sec. 23. Section 105.3, subsection 5, Code 2026, is amended
8to read as follows:
95. The board shall organize annually and shall select a
10chairperson and a secretary from its membership. A quorum
11shall consist of a majority of the board members of the board
12 who are currently serving.
13 Sec. 24. Section 105.5, subsection 1, Code 2026, is amended
14to read as follows:
151. Any person desiring to take an examination for a license
16issued pursuant to this chapter shall make application to
17the board in accordance with the rules of the board. The
18application form shall be no longer than two pages in length,
19plus one security page. The board may require that a recent
20photograph of the applicant be attached to the application.
21 Sec. 25. Section 105.9, subsections 1 and 2, Code 2026, are
22amended to read as follows:
231. The board department shall set the fees for the
24examination of all applicants, by rule, which fees shall be
25based upon the cost of administering the examinations.
262. The board department shall set the license fees and
27renewal fees for all licenses issued pursuant to this chapter,
28by rule.
29 Sec. 26. Section 105.9, subsections 5, 6, and 7, Code 2026,
30are amended by striking the subsections.
31 Sec. 27. Section 105.15, Code 2026, is amended to read as
32follows:
33105.15 Registry of licenses.
34The name, location, license number, and date of issuance
35of the license of each person to whom a license has been
-9-1issued shall be entered in a registry kept in the office
2of the department to be known as the plumbing, mechanical,
3HVAC-refrigeration, sheet metal, or hydronic registry. The
4registry may be electronic and shall be open to public
5inspection. However, the licensee’s home address, home
6telephone number, and other personal information as determined
7by rule shall be confidential.
8 Sec. 28. Section 105.16, Code 2026, is amended to read as
9follows:
10105.16 Change of residence.
11If a person licensed to practice as a contractor or a
12plumbing, mechanical, HVAC-refrigeration, sheet metal, or
13hydronic professional under this chapter changes the person’s
14residence or place of practice, the person shall so notify the
15board department.
16 Sec. 29. Section 105.18, subsection 2, paragraph a,
17subparagraph (3), Code 2026, is amended to read as follows:
18(3) Be enrolled in an applicable apprentice program which is
19registered with the United States department of labor office of
20apprenticeship or the Iowa office of apprenticeship.
21 Sec. 30. Section 105.18, subsection 2, paragraph b,
22subparagraph (1), subparagraph divisions (a) and (c), Code
232026, are amended to read as follows:
24(a) File an application and pay application fees as
25established by the board department, which application shall
26establish that the person meets the minimum educational and
27experience requirements adopted by the board.
28(c) Provide the board with evidence of having completed
29at least four years of practical experience as an apprentice.
30Commencing January 1, 2010 2027, the four years of practical
31experience required by this subparagraph division must be
32an apprenticeship training program registered by the United
33States department of labor Iowa workforce development office
34of apprenticeship.
35 Sec. 31. Section 105.18, subsection 2, paragraph c,
-10-1subparagraph (1), subparagraph division (a), Code 2026, is
2amended to read as follows:
3(a) File an application and pay application fees as
4established by the board department, which application shall
5establish that the person meets the minimum educational and
6experience requirements adopted by the board.
7 Sec. 32. Section 105.18, subsection 2, paragraph d,
8subparagraph (1), Code 2026, is amended to read as follows:
9(1) File an application and pay application fees as
10established by the board department and establish that the
11person meets the minimum requirements adopted by the board.
12Through June 30, 2017, the application shall include the
13person’s state contractor registration number. After July
141, 2017, the The application shall include proof of workers
15compensation insurance coverage, proof of unemployment
16insurance compliance, and, for out-of-state contractors, a bond
17as described in chapter 91C.
18 Sec. 33. Section 105.18, subsection 3, paragraph c, Code
192026, is amended to read as follows:
20c. The board shall department may establish a special,
21restricted license fee at a reduced rate, consistent with any
22other special, restricted license fees.
23 Sec. 34. Section 105.20, Code 2026, is amended to read as
24follows:
25105.20 Renewal and reinstatement of licenses — fees and
26penalties — continuing education.
271. All licenses issued under this chapter shall be issued
28for a three-year period as determined by the department by
29rule.
302. A license issued under this chapter may be renewed
31as provided by rule adopted by the board department upon
32application by the licensee, without examination. Applications
33for renewal shall be made to the board department, accompanied
34by the required renewal licensing fee, at least thirty days
35prior to the expiration date of the license and submitted
-11-1during a period as determined by the department by rule.
23. Failure to renew a license within a reasonable time after
3the expiration of the license shall not invalidate the license,
4but a reasonable penalty may be assessed as adopted by rule,
5in addition to the license renewal fee, to allow reinstatement
6of the license A licensee may renew an inactive or lapsed
7license by submitting a reactivation fee and completing other
8requirements as determined by the board by rule.
94. The board shall, by rule, establish a reinstatement
10process for a licensee who allows a license to lapse, including
11reasonable penalties as determined by the department by rule.
125. a. The basic continuing education requirement for
13renewal of a license shall be the completion, during the
14immediately preceding license term, of the number of classroom
15hours of instruction required by the board in courses or
16seminars which have been approved by the board. The board
17shall require at least eight classroom hours of instruction
18during each three-year licensing term.
19b. A licensee shall have a thirty-day grace period, as
20determined by the department by rule, after expiration of the
21licensing term to complete all requirements necessary for
22license renewal without penalty.
236. A licensee whose license has been revoked, suspended,
24or voluntarily surrendered must apply for and receive
25reinstatement of the license, as provided by the board by rule,
26prior to practicing a profession licensed under this chapter.
27 Sec. 35. Section 147.1, subsections 3 and 6, Code 2026, are
28amended to read as follows:
293. “Licensed” or “certified”, when applied to a physician
30and surgeon, podiatric physician, osteopathic physician and
31surgeon, genetic counselor, physician assistant, psychologist,
32chiropractor, nurse, dentist, dental hygienist, dental
33assistant, optometrist, speech pathologist, audiologist,
34pharmacist, physical therapist, physical therapist assistant,
35occupational therapist, occupational therapy assistant,
-12-1orthotist, prosthetist, pedorthist, respiratory care
2practitioner, practitioner of cosmetology arts and sciences,
3practitioner of barbering, funeral director, dietitian,
4behavior analyst, assistant behavior analyst, marital and
5family therapist, mental health counselor, midwife, respiratory
6care and polysomnography practitioner, polysomnographic
7technologist, social worker, massage therapist, athletic
8trainer, acupuncturist, nursing home administrator, hearing aid
9specialist, or sign language interpreter or transliterator,
10accountant, architect, engineer or land surveyor, real estate
11broker, real estate salesperson, real estate appraiser,
12landscape architect, or interior designer means a person
13licensed under this subtitle.
146. “Profession” means medicine and surgery, podiatry,
15osteopathic medicine and surgery, genetic counseling, practice
16as a physician assistant, psychology, chiropractic, nursing,
17dentistry, dental hygiene, dental assisting, optometry, speech
18pathology, audiology, pharmacy, physical therapy, physical
19therapist assisting, occupational therapy, occupational therapy
20assisting, respiratory care, cosmetology arts and sciences,
21barbering, mortuary science, applied behavior analysis, marital
22and family therapy, mental health counseling, midwifery,
23polysomnography, social work, dietetics, massage therapy,
24athletic training, acupuncture, nursing home administration,
25practice as a hearing aid specialist, sign language
26interpreting or transliterating, orthotics, prosthetics, or
27 pedorthics, accountancy, architecture, engineering and land
28surveying, real estate, real estate brokerage, real estate
29sale, real estate appraisal, landscape architecture, or
30interior design.
31 Sec. 36. Section 147.2, Code 2026, is amended to read as
32follows:
33147.2 License required.
341. A person shall not engage in the practice of medicine
35and surgery, podiatry, osteopathic medicine and surgery,
-13-1genetic counseling, psychology, chiropractic, physical
2therapy, physical therapist assisting, nursing, dentistry,
3dental hygiene, dental assisting, optometry, speech pathology,
4audiology, occupational therapy, occupational therapy
5assisting, orthotics, prosthetics, pedorthics, respiratory
6care, pharmacy, cosmetology arts and sciences, barbering,
7social work, dietetics, applied behavior analysis, marital
8and family therapy or mental health counseling, massage
9therapy, mortuary science, polysomnography, athletic training,
10acupuncture, nursing home administration, or sign language
11interpreting or transliterating, or shall not practice as a
12physician assistant, or a hearing aid specialist, accountant,
13architect, engineer or land surveyor, real estate broker, real
14estate salesperson, real estate appraiser, landscape architect,
15or interior designer unless the person, or entity employing the
16person, if applicable, has obtained a license for that purpose
17from the board for the profession or the department.
182. For purposes of this section, a person who is licensed
19in another state and recognized for licensure in this state
20pursuant to the nurse a licensure compact contained in section
21152E.1 or pursuant to the advanced practice registered nurse
22compact contained in section 152E.3 which issues a multistate
23license or authorization to practice shall be considered to
24have obtained a license to practice nursing the profession.
25 Sec. 37. Section 147.3, Code 2026, is amended to read as
26follows:
27147.3 Qualifications.
28An applicant for a license to practice a profession under
29this subtitle is not ineligible because of age, citizenship,
30 sex, race, religion, marital status, or national origin,
31although the application form may require citizenship
32information.
33 Sec. 38. Section 147.5, Code 2026, is amended to read as
34follows:
35147.5 Certificate of license.
-14- 11. Every license to practice a profession shall be in
2the form of a certificate under the seal of the board. Such
3license shall be issued in the name of the board issued by the
4department.
52. This section shall not apply to a person who is licensed
6in another state and recognized for licensure in this state
7pursuant to the nurse a licensure compact contained in section
8152E.1 or pursuant to the advanced practice registered nurse
9compact contained in section 152E.3 which issues a multistate
10license or authorization to practice.
11 Sec. 39. Section 147.7, subsection 2, Code 2026, is amended
12to read as follows:
132. This section shall not apply to a person who is licensed
14in another state and recognized for licensure in this state
15pursuant to the nurse a licensure compact contained in section
16152E.1 or pursuant to the advanced practice registered nurse
17compact contained in section 152E.3 which issues a multistate
18license or authorization to practice. A person licensed in
19another state and recognized for licensure in this state
20pursuant to either a compact shall, however, maintain a copy
21of a license issued by the person’s home state available for
22inspection when engaged in the practice of nursing the person’s
23profession in this state.
24 Sec. 40. Section 147.8, subsection 2, Code 2026, is amended
25by striking the subsection.
26 Sec. 41. Section 147.9, Code 2026, is amended to read as
27follows:
28147.9 Change of address.
29Every person licensed pursuant to this chapter shall notify
30the board which issued the license department of a change in
31the person’s address of record within a time period established
32by board the department by rule.
33 Sec. 42. Section 147.10, Code 2026, is amended to read as
34follows:
35147.10 Renewal.
-15- 11. Every license to practice a profession shall expire
2in multiyear intervals and be renewed upon application of
3the licensee as determined by the board upon application
4by the licensee department. Each board A renewal interval
5for a license shall not exceed five years. The department
6 shall establish rules for license renewal and concomitant
7fees. Application for renewal shall be made to the board
8 accompanied by the required fee at least thirty days prior to
9the expiration of such license.
102. Each board The department may by rule establish a grace
11period following expiration of a license in which the license
12is not invalidated. Each board The department may assess a
13reasonable penalty for renewal of a license during the grace
14period. Failure of a licensee to renew a license within the
15grace period shall cause the license to become inactive or
16lapsed. A licensee whose license is inactive or lapsed shall
17not engage in the practice of the profession until the license
18is reactivated or reinstated.
19 Sec. 43. Section 147.11, subsection 1, Code 2026, is amended
20to read as follows:
211. A licensee who allows the license to become inactive
22or lapsed by failing to renew the license, as provided in
23section 147.10, may reactivate the license upon payment of a
24reactivation fee and compliance with other terms established by
25board the department by rule.
26 Sec. 44. NEW SECTION. 147.11A Temporary license.
271. A board may issue a temporary license authorizing the
28licensee to practice in a specific location or locations and
29for a specified period of time if, in the opinion of the board,
30the person possesses the qualifications prescribed by the board
31for the license, which shall be substantially equivalent to
32those required for licensure under this chapter. The board
33shall determine by rule eligibility requirements for the
34license and what type of examination shall be given, if any.
35Requirements relating to regular permanent licensure are not
-16-1mandatory for a temporary license, except as specifically
2determined by the board by rule. The granting of a temporary
3license does not indicate that the person so licensed is
4eligible for regular licensure.
52. A temporary license shall be issued for a period
6determined by the department by rule but shall not exceed
7one year. A temporary license may be renewed, but a person
8shall not practice for more than three years under a temporary
9license. The department shall set the fees for issuance and
10renewal of a temporary license by rule.
113. Each board may adopt rules for the implementation of this
12section, including for revocation of a temporary license.
13 Sec. 45. NEW SECTION. 147.11B Licensure by reciprocity.
14A board may grant licensure, registration, or certification
15by reciprocity. Each board that grants a license,
16registration, or certification by reciprocity shall adopt rules
17establishing the documentation that an applicant must furnish
18in order to establish the applicant’s eligibility.
19 Sec. 46. NEW SECTION. 147.11C Voluntary surrender of
20license.
21The director of the department may accept the voluntary
22surrender of a license if accompanied by a written statement of
23intention. The voluntary surrender, when accepted, shall have
24the same force and effect as an order of revocation.
25 Sec. 47. Section 147.13, Code 2026, is amended by adding the
26following new subsections:
27 NEW SUBSECTION. 21. For accountancy, the Iowa accountancy
28examining board.
29 NEW SUBSECTION. 22. For architecture, the architectural
30examining board.
31 NEW SUBSECTION. 23. For engineering and land surveying, the
32engineering and land surveying examining board.
33 NEW SUBSECTION. 24. For real estate brokers and
34salespersons, the real estate commission board.
35 NEW SUBSECTION. 25. For real estate appraisers, the real
-17-1estate appraiser examining board.
2 NEW SUBSECTION. 26. For landscape architecture, and the
3landscape architectural examining board.
4 NEW SUBSECTION. 27. For registered interior design, the
5interior design examining board.
6 Sec. 48. Section 147.14, subsection 1, Code 2026, is amended
7by adding the following new paragraphs:
8 NEW PARAGRAPH. t. For accountancy, a total of five members,
9all of whom must be residents of this state. Four of the five
10members must be holders of certificates granted under section
11542.6 and one must not be a certified public accountant or
12licensed public accountant and must represent the general
13public. At least three of the holders of certificates issued
14under section 542.6 must also be qualified to supervise attest
15services as provided in section 542.7.
16 NEW PARAGRAPH. u. For architecture, a total of five
17members, four of whom are licensed to practice architecture and
18one of whom is not a licensed architect and who represents the
19general public.
20 NEW PARAGRAPH. v. For engineering and land surveying,
21three members who are licensed professional engineers, two
22members who are licensed professional land surveyors, and
23two members who are not licensed professional engineers or
24licensed professional land surveyors and who shall represent
25the general public. A licensed member must be actively engaged
26in the practice of engineering or land surveying and been so
27engaged for five consecutive years immediately preceding the
28appointment, the last two years of which shall have been in
29Iowa. Insofar as practicable, licensed engineer members of
30the board shall be from different branches of the profession
31of engineering.
32 NEW PARAGRAPH. w. For real estate brokers and salespersons,
33four members who are licensed brokers or salespersons and one
34member not licensed to practice real estate who shall represent
35the general public. A member shall not hold any other elective
-18-1or appointive state or federal office. At least one licensed
2member shall be a licensed real estate salesperson, except that
3if the licensed real estate salesperson becomes a licensed real
4estate broker during a term of office, that person may complete
5the term, but is not eligible for reappointment as a licensed
6real estate salesperson. A licensed member must be actively
7engaged in real estate business.
8 NEW PARAGRAPH. x. For real estate appraisers, five members,
9one of whom must be a public member and four of whom must be
10certified real estate appraisers. A certified member must
11be actively engaged in practice as a certified real estate
12appraiser. Insofar as practicable, certified real estate
13appraiser members should represent each class of certified
14appraisers.
15 NEW PARAGRAPH. y. For landscape architecture, five members
16who are professional landscape architects and two members
17who are not professional landscape architects and who shall
18represent the general public. Four of the five professional
19members must be actively engaged in the practice of landscape
20architecture or the teaching of landscape architecture in
21an accredited college or university, and must have been so
22engaged for five years preceding appointment, the last two of
23which shall have been in Iowa. One of the five professional
24members must be actively engaged in the practice of landscape
25architecture or the teaching of landscape architecture in an
26accredited college or university for a minimum of one year
27immediately preceding appointment.
28 NEW PARAGRAPH. z. For interior design, a total of seven
29members, five members who are registered interior designers and
30who have been in the active practice of registered interior
31design for not less than five years, the last two years of
32which shall have been in Iowa, and two members who are not
33registered interior designers and who shall represent the
34general public.
35 Sec. 49. Section 147.14, subsection 2, Code 2026, is amended
-19-1to read as follows:
22. A majority of the board members of a board who are
3currently serving constitutes a quorum.
4 Sec. 50. Section 147.25, subsection 2, Code 2026, is amended
5to read as follows:
62. In addition to any other fee provided by law, a fee may
7be set by the respective boards department for each license
8and renewal of a license to practice a profession, which fee
9shall be based on the annual cost of collecting information
10for use by the board in the administration of the system of
11health personnel statistics established by this section. The
12fee shall be retained by the respective board in the manner in
13which license and renewal fees are retained in section 147.82.
14 Sec. 51. Section 147.44, Code 2026, is amended to read as
15follows:
16147.44 Reciprocal agreements.
17A board may enter into a reciprocal agreement with a
18licensing authority of another state for the purpose of
19recognizing licenses issued by the other state, provided
20that such licensing authority imposes licensure requirements
21substantially equivalent to those imposed in this state. The
22board may establish by rule the conditions for the recognition
23of such licenses and the department may establish by rule the
24 process for licensing such individuals to practice in this
25state.
26 Sec. 52. NEW SECTION. 147.57 Voluntary agreements.
27A board, after due notice and hearing, may issue an order to
28revoke, suspend, or restrict a license to practice a licensed
29profession, or to issue a restricted license on application if
30the board determines that a licensee or applicant has entered
31into a voluntary agreement to restrict the practice of the
32licensed profession in another state, district, territory,
33country, or agency of the federal government. A certified copy
34of the voluntary agreement shall be considered prima facie
35evidence.
-20-1 Sec. 53. Section 147.73, subsection 2, Code 2026, is amended
2to read as follows:
32. As prohibiting any holder of a degree conferred by an
4institution of learning accredited by the appropriate board
5created in this chapter, or by some a recognized state or
6national accrediting agency, from using the title which such
7degree authorizes the holder to use, but the holder shall not
8use such degree or abbreviation in any manner which might
9mislead the public as to the holder’s qualifications to treat
10human ailments.
11 Sec. 54. Section 147.74, Code 2026, is amended by adding the
12following new subsections:
13 NEW SUBSECTION. 29. For the profession of accountancy,
14a person or firm licensed under chapter 542 may use the
15designations described in section 542.13.
16 NEW SUBSECTION. 30. An architect licensed under chapter
17544A may use the words “architect”, “licensed architect”, or
18“architectural designer” after the person’s name.
19 NEW SUBSECTION. 31. A person licensed to engage in the
20practice of engineering under chapter 542B may use the words
21“professional engineer” or “licensed engineer” after the
22person’s name. A person licensed to engage in the practice
23of land surveying under chapter 542B may use the words
24“professional land surveyor” or “licensed land surveyor” after
25the person’s name.
26 NEW SUBSECTION. 32. A real estate broker licensed under
27chapter 543B may use the words “real estate broker” after
28the person’s name. A real estate salesperson licensed under
29chapter 543B may use the words “real estate salesperson” after
30the person’s name.
31 NEW SUBSECTION. 33. A person holding a certificate to
32engage in the practice of real estate appraisals under chapter
33543D may use the words “certified real estate appraiser” after
34the person’s name. A person holding a registration to engage
35in the practice of real estate appraisals as an associate
-21-1under chapter 543D may use the words “associate real estate
2appraiser” after the person’s name.
3 NEW SUBSECTION. 34. A person licensed to engage in the
4practice of landscape architecture under chapter 544B may
5use the words “landscape architect”, “professional landscape
6architect”, or “landscape architecture designer” after the
7person’s name.
8 NEW SUBSECTION. 35. A person who has been issued a
9certificate of registration under chapter 544C may use the
10words “registered interior designer” or any other title or
11device indicating that the person is a registered interior
12designer after the person’s name.
13 Sec. 55. Section 147.76, Code 2026, is amended to read as
14follows:
15147.76 Rules.
16The boards for the various professions shall adopt all
17necessary and proper rules to administer and interpret this
18chapter and chapters 148 through 157, except chapter 148D,
19chapter 272C, and chapters 542 through 544C.
20 Sec. 56. Section 147.80, subsection 1, unnumbered paragraph
211, Code 2026, is amended to read as follows:
22Each board, following approval by the The department, may,
23or at the direction of the department, shall, by rule establish
24or revise fees for the following:
25 Sec. 57. Section 147.80, subsection 2, Code 2026, is amended
26to read as follows:
272. The department shall annually prepare estimates of
28projected revenues to be generated by all fees collected
29as well as a projection of the aggregate administrative
30costs and rental expenses attributable to all boards and the
31division of the department responsible for licensing related
32to such boards. The department shall annually review and, if
33necessary, direct the boards to adjust the schedule of fees to
34cover aggregate projected expenses and ensure fees imposed in
35this state are not greater than similar fees imposed by similar
-22-1boards or agencies in other states. The department shall
2annually provide to each appropriate board a comparison of the
3amount of the board’s fees as compared to similar fees imposed
4by similar boards or agencies in other states.
5 Sec. 58. Section 147.82, Code 2026, is amended to read as
6follows:
7147.82 Disposition of fees.
8All fees collected by a board listed in section 147.13 or by
9 the department, and fees collected pursuant to sections 124.301
10and 147.80 and chapter 155A by the board of pharmacy, shall
11be deposited in the licensing and regulation fund created in
12section 10A.507.
13 Sec. 59. Section 147.86, Code 2026, is amended to read as
14follows:
15147.86 Penalties.
161. Any person violating any provision of this subtitle,
17except insofar as the provisions apply or relate to or affect
18the practice of pharmacy, or where a specific penalty is
19otherwise provided, shall be guilty of a serious misdemeanor.
202. When it appears to a board that a person has violated a
21provision of this subtitle, the board may certify the facts to
22the attorney general or the county attorney of the county where
23the person maintains a business office.
243. If, after an investigation, a board has reason to believe
25that a person has knowingly engaged in an act or practice that
26constitutes a violation of this subtitle, the board may submit
27the information to the attorney general of any state, or other
28appropriate law enforcement official, who, in such official’s
29discretion, may initiate an appropriate criminal proceeding.
304. Evidence of the commission of a single act prohibited
31by this subtitle, chapters 148 through 157, chapter 272C, or
32chapters 542 through 544C is sufficient to justify a penalty,
33injunction, restraining order, or conviction, without evidence
34of a general course of conduct.
35 Sec. 60. Section 147.87, subsection 2, Code 2026, is amended
-23-1to read as follows:
22. The department may administratively close a complaint
3that does not allege a violation of this chapter, the board’s
4enabling statute, or a rule of the board, if the complaint
5does not allege harm to the public, or if the complaint is
6referred to another agency or law enforcement. The board may
7administratively terminate an investigation if the alleged
8violation of this chapter, the board’s enabling statute, or
9rule of the board is not substantiated or does not merit
10discipline.
11 Sec. 61. Section 147.88, Code 2026, is amended to read as
12follows:
13147.88 Inspections and investigations.
141. The department may perform inspections and
15investigations as required by this subtitle.
162. The department shall employ personnel pursuant to
17chapter 8A, subchapter IV, to perform duties related to
18inspection and investigation functions under this subtitle.
19The costs and expenses of inspectors and investigators shall be
20paid from funds appropriated to the department.
213. The department may employ clerical assistants pursuant
22to chapter 8A, subchapter IV, to administer and enforce this
23subtitle. The costs and expenses of clerical assistants shall
24be paid from funds appropriated to the department.
254. Investigators authorized by a board or the department
26shall have the powers and status of peace officers when
27enforcing this subtitle, chapters 148 through 157 except 148D,
28chapter 272C, and chapters 542 through 544C.
295. If an investigation pursuant to this subtitle, chapters
30148 through 157 except 148D, chapter 272C, or chapters 542
31through 544C, reveals that an unlicensed person has acted in
32the capacity of a licensed person or entity, the board or
33department shall issue a cease and desist order, and may impose
34a civil penalty not to exceed one thousand dollars.
35 Sec. 62. Section 147.92, Code 2026, is amended to read as
-24-1follows:
2147.92 Attorney general.
3Upon request of a board, the attorney general shall
4institute in the name of the state the proper proceedings
5against any person charged by the board with violating any
6provision of this or the following chapters of this subtitle,
7chapters 147 through 157, chapter 272C, or chapters 542 through
8544C.
9 Sec. 63. Section 148.3, subsections 2 and 3, Code 2026, are
10amended by striking the subsections.
11 Sec. 64. Section 148.5, Code 2026, is amended to read as
12follows:
13148.5 Resident physician license.
14A physician, who is a graduate of a medical school or
15college of osteopathic medicine and surgery and is serving as a
16resident physician who is not otherwise licensed to practice
17medicine and surgery or osteopathic medicine and surgery in
18this state, shall be required to obtain from the board a
19license to practice as a resident physician. The license shall
20be designated “Resident Physician License” and shall authorize
21the licensee to serve as a resident physician only, under
22the supervision of a licensed practitioner of medicine and
23surgery or osteopathic medicine and surgery, in an institution
24approved for such training by the board. A license shall be
25valid for a duration as determined by the board department by
26rule. The fee for each license shall be set by the board to
27cover the administrative costs of issuing the license. The
28board shall determine in each instance those eligible for a
29license, whether or not examinations shall be given, and the
30type of examinations. Requirements of the law pertaining
31to regular permanent licensure shall not be mandatory for a
32resident physician license except as specifically designated by
33the board. The granting of a resident physician license does
34not in any way indicate that the person licensed is necessarily
35eligible for regular permanent licensure, or that the board in
-25-1any way is obligated to license the individual.
2 Sec. 65. Section 148.11, subsection 3, Code 2026, is amended
3to read as follows:
43. The board shall establish a fee for initial issuance and
5renewal of a special license. The board shall establish rules
6for granting and renewing a special license consistent with
7those for permanent licenses.
8 Sec. 66. Section 148.11A, subsection 2, Code 2026, is
9amended to read as follows:
102. An application for an administrative medicine license
11shall be made to the board. An applicant for an administrative
12medicine license shall meet all of the requirements established
13in section 148.3 and any additional requirements established by
14the board by rule. The board shall also adopt rules governing
15the initial issuance and renewal of administrative medicine
16licenses and establishing fees therefor. All license and
17renewal fees shall be paid to the board.
18 Sec. 67. Section 148B.2, Code 2026, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 1A. “Department” means the department of
21inspections, appeals, and licensing.
22 Sec. 68. Section 148B.4, Code 2026, is amended to read as
23follows:
24148B.4 Limited permit.
251. A limited permit to practice occupational therapy may
26be granted to a person who has completed the academic and
27field work requirements for occupational therapists under
28this chapter and has not yet taken or received the results of
29the entry-level certification examination. A permit granted
30pursuant to this subsection shall be valid for a period of
31time as determined by the board department by rule and shall
32allow the person to practice occupational therapy under the
33direction and appropriate supervision of an occupational
34therapist licensed under this chapter. The permit shall expire
35when the person is issued a license under section 148B.5 or
-26-1if the person is notified that the person did not pass the
2examination. The limited permit shall not be renewed.
32. A limited permit to assist in the practice of
4occupational therapy may be granted to a person who has
5completed the academic and field work requirements for
6occupational therapy assistants under this chapter and has
7not yet taken or received the results of the entry-level
8certification examination. A permit granted pursuant to this
9subsection shall be valid for a period of time as determined
10by the board department by rule and shall allow the person
11to assist in the practice of occupational therapy under the
12direction and appropriate supervision of an occupational
13therapist licensed under this chapter. The permit shall expire
14when the person is issued a license under section 148B.5 or
15if the person is notified that the person did not pass the
16examination. The limited permit shall not be renewed.
17 Sec. 69. Section 148B.5, unnumbered paragraph 1, Code 2026,
18is amended to read as follows:
19An applicant applying for a license as an occupational
20therapist or as an occupational therapy assistant must file a
21written an application on forms provided in a manner prescribed
22 by the board, showing to the satisfaction of the board that the
23applicant meets the following requirements:
24 Sec. 70. Section 148B.7, Code 2026, is amended to read as
25follows:
26148B.7 Board of physical and occupational therapy — powers
27and duties.
28The board shall adopt rules relating to professional conduct
29to carry out the policy of this chapter, chapter 147, and
30chapter 272C, including but not limited to rules relating to
31professional licensing and to the establishment of ethical
32standards of practice for persons holding a license to practice
33occupational therapy in this state.
34 Sec. 71. Section 148C.3, subsection 1, unnumbered paragraph
351, Code 2026, is amended to read as follows:
-27- 1The board shall adopt rules to govern the licensure of
2physician assistants. An applicant for licensure shall submit
3the fee prescribed by the board department and shall meet the
4requirements established by the board with respect to each of
5the following:
6 Sec. 72. Section 148C.3, subsection 4, Code 2026, is amended
7by striking the subsection.
8 Sec. 73. Section 148E.7, Code 2026, is amended to read as
9follows:
10148E.7 Duties of board.
11The board shall adopt rules consistent with this chapter,
12 and chapter 147, and chapter 272C which are necessary for the
13performance of its the board’s duties.
14 Sec. 74. Section 148F.3, subsection 5, Code 2026, is amended
15by striking the subsection.
16 Sec. 75. Section 148G.1, Code 2026, is amended by adding the
17following new subsection:
18 NEW SUBSECTION. 1A. “Department” means the department of
19inspections, appeals, and licensing.
20 Sec. 76. Section 148G.6, subsection 1, unnumbered paragraph
211, Code 2026, is amended to read as follows:
22Beginning January 1, 2017, a person seeking licensure as
23a respiratory care and polysomnography practitioner or as a
24polysomnographic technologist shall apply to the board and pay
25the fees established by the board department for the type of
26license for which the applicant is applying. Beginning with
27the March 31, 2016, license renewal period, a person licensed
28as a respiratory care practitioner who seeks a respiratory
29care and polysomnography practitioner license shall make
30such application with the application for license renewal
31and pay the fees established by the board department. The
32fees established by the board for a respiratory care and
33polysomnography practitioner license shall not exceed one
34hundred twenty percent of the cost of a respiratory care
35practitioner license issued pursuant to chapter 152B or a
-28-1polysomnographic technologist license issued pursuant to
2this section. The application for a respiratory care and
3polysomnography practitioner license must meet the requirements
4of this section. Upon receipt of an application, the board
5shall conduct a background check of the applicant. An
6application for either type of licensure shall show that the
7applicant is of good moral character and is at least eighteen
8years of age, and shall include proof that the person has
9satisfied one of the following educational requirements:
10 Sec. 77. Section 148G.6, subsection 5, Code 2026, is amended
11by striking the subsection.
12 Sec. 78. Section 148I.2, subsection 2, paragraph e, Code
132026, is amended to read as follows:
14e. Submit an application fee as prescribed by the board by
15rule provided in section 147.80.
16 Sec. 79. Section 148I.4, subsection 1, unnumbered paragraph
171, Code 2026, is amended to read as follows:
18The board shall adopt rules consistent with this chapter,
19 and chapter 147, and chapter 272C which are necessary for the
20performance of the board’s duties. The rules shall do all of
21the following:
22 Sec. 80. Section 148I.4, subsection 1, paragraph m, Code
232026, is amended to read as follows:
24m. Establish Require an annual license fee as provided in
25section 147.80.
26 Sec. 81. Section 152.8, subsection 1, Code 2026, is amended
27to read as follows:
281. A license possessed by an applicant from a state
29which has not adopted the nurse licensure compact contained
30in section 152E.1 or the advanced practice registered nurse
31compact contained in section 152E.3 shall be recognized by
32the board under conditions specified which indicate that the
33licensee meets all the qualifications required under section
34152.7. If a foreign license is recognized, the board may issue
35a reciprocal license by endorsement without an examination
-29-1being required. Recognition shall be based on whether the
2foreign licensee is qualified to practice nursing. The board
3may issue a temporary license to a natural person an individual
4 who has completed the requirements of and applied for licensure
5by endorsement a reciprocal license. The board shall determine
6the length of time a temporary license shall remain effective.
7 Sec. 82. Section 152B.6, subsection 2, Code 2026, is amended
8to read as follows:
92. The establishment of a system for the licensure of
10respiratory care practitioners and the establishment and
11collection of licensure fees.
12 Sec. 83. Section 152B.12, Code 2026, is amended to read as
13follows:
14152B.12 Suspension and revocation of licenses.
15The board may suspend, or revoke or impose probationary
16conditions upon a license issued pursuant to rules adopted in
17accordance with section 152B.6, or decline to renew a license,
18for a violation of a provision of this chapter, section 147.55,
19section 272C.10, or rules adopted by the board.
20 Sec. 84. Section 152C.3, subsection 1, paragraph c, Code
212026, is amended to read as follows:
22c. Payment of a reasonable fee required by the board which
23shall compensate and be retained by the board for the costs of
24administering this chapter pursuant to section 147.80.
25 Sec. 85. Section 152C.7, Code 2026, is amended to read as
26follows:
27152C.7 Suspension and revocation of licenses.
28The board may suspend, or revoke, or impose probationary
29conditions upon a license issued pursuant to rules adopted in
30accordance with section 152C.3 decline to renew, a license for
31a violation of a provision of this chapter, section 147.55,
32section 272C.10, or rules adopted by the board.
33 Sec. 86. Section 152D.3, subsection 2, Code 2026, is amended
34to read as follows:
352. Application and renewal procedures, fees, Applications
-30-1 and reciprocal agreements shall be provided submitted in
2accordance with rules adopted by the board pursuant to chapter
317A.
4 Sec. 87. Section 152D.5, subsection 1, Code 2026, is amended
5to read as follows:
61. Adopt rules consistent with this chapter, and chapter
7147, and chapter 272C which are necessary for the performance
8of its the board’s duties.
9 Sec. 88. Section 152D.5, subsection 4, Code 2026, is amended
10by striking the subsection.
11 Sec. 89. Section 153.12, Code 2026, is amended to read as
12follows:
13153.12 Board and department defined.
14As used in this chapter, “board”:
151. “Board”means the dental board created under chapter 147.
162. “Department” means the department of inspections,
17appeals, and licensing.
18 Sec. 90. Section 153.22, Code 2026, is amended to read as
19follows:
20153.22 Resident license.
21A dentist or dental hygienist who is serving only as a
22resident, intern, or graduate student and who is not licensed
23to practice in this state is required to obtain from the board
24a temporary or special license to practice as a resident,
25intern, or graduate student. The license shall be designated
26“Resident License” and shall authorize the licensee to serve
27as a resident, intern, or graduate student only, under the
28supervision of a licensed practitioner, in an institution
29approved for this purpose by the board. Such license shall
30be renewed at the discretion of the board. The fee for a
31resident license and the renewal fee shall be set by the board
32based upon the cost of issuance of the license. The board
33shall determine in each instance those eligible for a resident
34license, whether or not examinations shall be given, and the
35type of examination. None of the requirements for regular
-31-1permanent licensure are mandatory for resident licensure except
2as specifically designated by the board. The issuance of a
3resident license shall not in any way indicate that the person
4so licensed is necessarily eligible for regular licensure or
5that the board is obligated to so license the person. The
6board may revoke a resident license at any time it shall
7determine either that the caliber of work done by a licensee
8or the type of supervision being given such licensee does not
9conform to reasonable standards established by the board.
10 Sec. 91. Section 153.33, subsection 1, paragraph b, Code
112026, is amended by striking the paragraph.
12 Sec. 92. Section 153.33, subsection 1, paragraph e, Code
132026, is amended to read as follows:
14e. To promulgate adopt rules as may be necessary to
15implement the provisions of this chapter, chapter 147, and
16chapter 272C.
17 Sec. 93. Section 153.33, subsections 3 and 4, Code 2026, are
18amended by striking the subsections.
19 Sec. 94. Section 153.37, Code 2026, is amended to read as
20follows:
21153.37 Dental college and dental hygiene program faculty
22permits.
23The board may issue a faculty permit entitling the holder
24to practice dentistry or dental hygiene within a college of
25dentistry or a dental hygiene program and affiliated teaching
26facilities as an adjunct to the faculty member’s teaching
27position, associated responsibilities, and functions. The dean
28of the college of dentistry or chairperson of a dental hygiene
29program shall certify to the board those bona fide members of
30the college’s or a dental hygiene program’s faculty who are not
31licensed and registered to practice dentistry or dental hygiene
32in Iowa. Any faculty member so certified shall, prior to
33commencing the member’s duties in the college of dentistry or a
34dental hygiene program, make written application to the board
35for a permit. The permit shall be for a period determined by
-32-1the board and may be renewed at the discretion of the board.
2The fee for the faculty permit and the renewal shall be set by
3the board based upon the administrative cost of issuance of
4the permit. The fee shall be deposited in the same manner as
5fees provided for in section 147.82. The faculty permit shall
6be valid during the time the holder remains a member of the
7faculty and shall subject the holder to all provisions of this
8chapter.
9 Sec. 95. Section 154A.13, Code 2026, is amended to read as
10follows:
11154A.13 Temporary permit.
12A person who has not been licensed as a hearing aid
13specialist may obtain a temporary permit from the department
14upon completion of the application accompanied by the written
15verification of employment from a licensed hearing aid
16specialist. The department shall issue a temporary permit
17for two years which that shall not be renewed or reissued for
18more than a total of two years. The fee for issuance of the
19temporary permit shall be set by the department in accordance
20with the provisions for establishment of fees by boards in
21section 147.80. The temporary permit entitles an applicant to
22engage in the fitting or selection and sale of hearing aids
23under the supervision of a person holding a valid license or an
24audiologist licensed pursuant to chapter 154F.
25 Sec. 96. Section 154B.6, subsections 3 and 4, Code 2026, are
26amended to read as follows:
273. A person who possesses a doctoral degree in psychology
28from an institution approved by the board but who has not
29completed the other requirements for licensure under this
30section may apply for a provisional license. The license shall
31be designated as a “provisional license in psychology”. The
32provisional license shall authorize the licensee to practice
33psychology under the supervision of a supervisor who meets the
34qualifications determined by the board by rule. A provisional
35license shall be valid for a period of two years. The fee for
-33-1a provisional license shall be set by the board to cover the
2administrative costs of issuance. The board shall also set a
3fee for renewal of a provisional license.
44. A person who is enrolled in a doctoral degree program in
5psychology at an institution approved by the board but who has
6not completed the other requirements for licensure under this
7section may apply for a provisional license during the person’s
8internship program. The license shall be designated as a
9“provisional license in psychology”. The provisional license
10shall authorize the licensee to practice psychology under
11the supervision of a supervisor who meets the qualifications
12determined by the board by rule. A provisional license shall
13be valid for a period of two years. The fee for a provisional
14license shall be set by the board to cover the administrative
15costs of issuance. The board shall also set a fee for renewal
16of a provisional license.
17 Sec. 97. Section 154B.13, subsection 1, paragraph a, Code
182026, is amended to read as follows:
19a. Procedures to obtain a conditional prescription
20certificate, a prescription certificate, and a renewal of
21a prescription certificate. The board may set reasonable
22application and renewal fees.
23 Sec. 98. Section 154C.3, subsection 3, Code 2026, is amended
24to read as follows:
253. License renewal and continuing education. Licenses
26 The terms of each license shall be renewed biennially, and
27licensees determined by the department of inspections, appeals,
28and licensing by rule. Licensees shall pay a fee for renewal
29as determined by the board department of inspections, appeals,
30and licensing and shall present evidence satisfactory to the
31board that the licensee has satisfied continuing education
32requirements as determined by the board. The board shall
33not limit the number of continuing education credits that
34may be obtained online in satisfying continuing education
35requirements, provided that any online program providing
-34-1continuing education credits online shall comply with standards
2set by the board.
3 Sec. 99. Section 154D.7, Code 2026, is amended to read as
4follows:
5154D.7 Temporary license — marital and family therapy —
6mental health counseling — fees.
7Any person who has fulfilled all of the requirements for
8licensure under section 154D.2, except for having completed
9the postgraduate supervised clinical experience requirement as
10determined by the board by rule, may apply to the board for a
11temporary license. The license shall be designated “temporary
12license in marital and family therapy” or “temporary license in
13mental health counseling” and shall authorize the licensee to
14practice marital and family therapy or mental health counseling
15under the supervision of a qualified supervisor as determined
16by the board by rule. The license shall be valid for three
17years and may be renewed at the discretion of the board. The
18fee for a temporary license shall be set by the board to
19cover the administrative costs of issuing the license, and if
20renewed, a renewal fee as set by the board shall be required.
21 Sec. 100. Section 154D.8, unnumbered paragraph 1, Code
222026, is amended to read as follows:
23An applicant who has been a licensed marital and family
24therapist or licensed mental health counselor under the laws
25of another jurisdiction may file an application with the board
26for licensure by endorsement reciprocity. The board shall
27adopt rules requiring an applicant for licensure by endorsement
28 reciprocity to do all of the following:
29 Sec. 101. Section 154E.2, subsection 1, Code 2026, is
30amended to read as follows:
311. Adopt rules consistent with this chapter, and with
32 chapter 147, and chapter 272C which are necessary for the
33performance of its the board’s duties.
34 Sec. 102. Section 154E.3A, Code 2026, is amended to read as
35follows:
-35- 1154E.3A Temporary license.
2An individual who does not meet the requirements for
3licensure by examination pursuant to section 154E.3 may apply
4for or renew a temporary license. The temporary license
5shall authorize the licensee to practice as a sign language
6interpreter or transliterator under the direct supervision
7of a sign language interpreter or transliterator licensed
8pursuant to section 154E.3. The temporary license shall be
9valid for two years one year and may only be renewed one time
10in accordance with standards established by rule be renewed at
11the discretion of the board. An individual shall not practice
12for more than a total of four years under a temporary license.
13The board may revoke a temporary license if it determines that
14the temporary licensee has violated standards established by
15rule. The board may adopt requirements for temporary licensure
16to implement this section.
17 Sec. 103. Section 154E.3B, subsection 3, Code 2026, is
18amended to read as follows:
193. The board shall adopt rules pursuant to chapter 17A,
20and consistent with chapters 147 and 272C, for the process of
21applying for, granting, suspending, reinstating, renewing, and
22revoking a license issued pursuant to this section.
23 Sec. 104. Section 154F.5, Code 2026, is amended to read as
24follows:
25154F.5 Temporary clinical license — fee.
26Any person who has fulfilled all of the requirements for
27licensure under this chapter, except for having completed the
28nine months’ clinical experience requirement as provided in
29section 154F.3, subsection 1 or 2, may apply to the board for a
30temporary clinical license. The license shall be designated
31“temporary clinical license in speech pathology” or “temporary
32clinical license in audiology” and shall authorize the licensee
33to practice speech pathology or audiology under the supervision
34of a licensed speech pathologist or licensed audiologist, as
35appropriate. The license shall be valid for one year and
-36-1may be renewed at the discretion of the board. The fee for
2a temporary clinical license shall be set by the board to
3cover the administrative costs of issuing the license, and if
4renewed, a renewal fee as set by the board shall be required. A
5temporary clinical license shall be issued only upon evidence
6satisfactory to the board that the applicant will be supervised
7by a person licensed as a speech pathologist or audiologist,
8as appropriate.
9 Sec. 105. Section 154F.6, Code 2026, is amended to read as
10follows:
11154F.6 Temporary permit.
12The board may, at its discretion, issue a temporary permit
13to a nonresident authorizing the permittee to practice
14speech pathology or audiology in this state for a period
15not to exceed three months whenever, in the opinion of the
16board, a need exists and the permittee, in the opinion of the
17board, possesses the necessary qualifications which shall be
18substantially equivalent to those required for licensure by
19this chapter.
20 Sec. 106. Section 155.4, Code 2026, is amended to read as
21follows:
22155.4 Licensing function.
23The board shall license nursing home administrators in
24accordance with this chapter, chapter 147, chapter 272C, and
25rules issued by the board. A nursing home administrator’s
26license shall not be transferable and, if not inactive,
27shall be valid until revoked pursuant to section 147.55 or
28voluntarily surrendered.
29 Sec. 107. Section 155.5, Code 2026, is amended to read as
30follows:
31155.5 License fees.
32Each person licensed as a nursing home administrator shall
33be required to must pay a license fee in an amount to be fixed
34by the board department of inspections, appeals, and licensing.
35The license shall expire in multiyear intervals determined by
-37-1the board department of inspections, appeals, and licensing and
2be renewable upon payment of a renewal fee. A person who fails
3to renew a license by the expiration date shall be allowed to
4do so within thirty days following its expiration, but the
5board may assess a reasonable penalty.
6 Sec. 108. Section 155A.3, Code 2026, is amended by adding
7the following new subsection:
8 NEW SUBSECTION. 10A. “Department” means the department of
9inspections, appeals, and licensing.
10 Sec. 109. Section 155A.7, subsections 1 and 2, Code 2026,
11are amended to read as follows:
121. Registration programs for pharmacist-interns, pharmacy
13technicians, and pharmacy support persons are established for
14the purposes of identification, tracking, and disciplinary
15action for the violation of federal drug laws or regulations,
16state drug or pharmacy laws, or rules of the board and
17department.
182. A person who is or desires to be a pharmacist-intern,
19pharmacy technician, or pharmacy support person in this state
20shall apply to the board for registration on a form prescribed
21by the board department.
22a. A pharmacist-intern shall be registered during internship
23training and thereafter pursuant to rules adopted by the board.
24b. An applicant for a new pharmacy technician registration
25or for a pharmacy technician renewal shall provide proof of
26current certification by a national technician certification
27authority approved by the board. A person who is in the
28process of acquiring national certification as a pharmacy
29technician and who is in training to become a pharmacy
30technician shall register with the board as a pharmacy
31technician.
32 Sec. 110. Section 155A.7, subsection 3, unnumbered
33paragraph 1, Code 2026, is amended to read as follows:
34The board shall adopt rules pursuant to chapter 17A on
35matters pertaining to pharmacist-intern, pharmacy technician,
-38-1and pharmacy support person registration, renewals, fees,
2 training, national certification for pharmacy technicians,
3approval of preceptors for pharmacist-interns, and other
4relevant matters. The department shall adopt rules pursuant to
5chapter 17A related to registration, renewal, and fees.
6 Sec. 111. Section 155A.8, subsection 4, Code 2026, is
7amended to read as follows:
84. The board department shall specify by rule procedures
9and fees to renew a pharmacist license and penalties for late
10renewal or failure to renew a pharmacist license.
11 Sec. 112. Section 155A.13, subsection 2, Code 2026, is
12amended to read as follows:
132. The board department shall specify by rule the licensing
14procedures to be followed, including specifications of forms
15for use in applying for a pharmacy license and fees for filing
16an application.
17 Sec. 113. Section 155A.13, subsection 6, unnumbered
18paragraph 1, Code 2026, is amended to read as follows:
19To qualify for a pharmacy license, the applicant shall
20submit to the board a license fee as determined by the board
21 department and a completed application on a form prescribed
22by the board department. The application shall include the
23following and such other information as required by rules of
24 adopted by the board department and shall be given under oath:
25 Sec. 114. Section 155A.13A, subsection 1, unnumbered
26paragraph 1, Code 2026, is amended to read as follows:
27A pharmacy located outside of this state that delivers,
28dispenses, or distributes by any method, prescription drugs
29or devices to an ultimate user in this state shall obtain
30a nonresident pharmacy license from the board. The board
31 department shall make available an application form for a
32nonresident pharmacy license and shall require such information
33it deems necessary to fulfill the purposes of this section. A
34nonresident pharmacy shall do all of the following in order to
35obtain a nonresident pharmacy license from the board:
-39-1 Sec. 115. Section 155A.13A, subsection 1, paragraph a, Code
22026, is amended to read as follows:
3a. Submit a completed application form and an application
4fee as determined by the board department.
5 Sec. 116. Section 155A.13C, subsection 1, unnumbered
6paragraph 1, Code 2026, is amended to read as follows:
7Any compounding facility that is registered as an
8outsourcing facility, as defined in 21 U.S.C. §353b, that
9distributes sterile compounded human drug products without
10a patient-specific prescription to an authorized agent or
11practitioner in this state shall obtain an outsourcing facility
12license from the board prior to engaging in such distribution.
13If an outsourcing facility dispenses prescription drugs
14pursuant to patient-specific prescriptions to patients in Iowa,
15the outsourcing facility shall obtain and maintain a valid Iowa
16pharmacy license or Iowa nonresident pharmacy license under
17this chapter. The board department shall make available an
18application form for an outsourcing facility license and shall
19require such information it deems necessary to fulfill the
20purposes of this section. An outsourcing facility shall do all
21of the following in order to obtain an outsourcing facility
22license from the board:
23 Sec. 117. Section 155A.13C, subsection 1, paragraph a, Code
242026, is amended to read as follows:
25a. Submit a completed application form and application fee
26as determined by the board department.
27 Sec. 118. Section 155A.13C, subsection 2, Code 2026, is
28amended by striking the subsection.
29 Sec. 119. Section 155A.14, Code 2026, is amended to read as
30follows:
31155A.14 Renewal of pharmacy license.
32The board department shall specify by rule the procedures to
33be followed and the fee to be paid for a renewal certificate,
34and the penalties for late renewal or failure to renew a
35pharmacy license.
-40-1 Sec. 120. Section 155A.17, subsection 3, Code 2026, is
2amended to read as follows:
33. The board shall adopt rules establishing requirements
4for wholesale distributor licenses, licensure fees, and other
5relevant matters consistent with the federal Drug Supply Chain
6Security Act, 21 U.S.C.§360eee et seq. Licensure fees shall
7be established by the department by rule.
8 Sec. 121. Section 155A.17A, subsection 3, Code 2026, is
9amended to read as follows:
103. The board shall adopt rules establishing requirements
11for a third-party logistics provider license, licensure fees,
12 and other relevant matters consistent with the federal Drug
13Supply Chain Security Act, 21 U.S.C.§360eee et seq. Licensure
14fees shall be established by the department by rule.
15 Sec. 122. Section 155A.43, Code 2026, is amended to read as
16follows:
17155A.43 Pharmaceutical collection and disposal program —
18annual allocation.
19Of the fees collected by the board department pursuant to
20sections 124.301 and 147.80 and this chapter, and retained by
21the board department pursuant to section 147.82, the board
22 department may annually allocate a sum deemed by the board
23 department to be adequate for administering the pharmaceutical
24collection and disposal program. The program shall provide
25for the management and disposal of unused, excess, and expired
26pharmaceuticals, including the management and disposal
27of controlled substances pursuant to state and federal
28regulations. The board department may contract with one or
29more vendors for the provision of supplies and services to
30manage and maintain the program and to safely and appropriately
31dispose of pharmaceuticals collected through the program.
32 Sec. 123. Section 156.8, Code 2026, is amended to read as
33follows:
34156.8 Internships.
35The board shall, by rule, provide for internships in
-41-1mortuary science, and shall regulate the registration, and
2 training, and fee for internships.
3 Sec. 124. Section 156.14, subsection 2, Code 2026, is
4amended to read as follows:
52. The board shall specify by rule the licensing procedures
6to be followed, including specifications of forms for use in
7applying for an establishment license and fees for filing an
8application. The board shall specify by rule minimum standards
9for professional responsibility in the conduct of a funeral
10establishment or a cremation establishment.
11 Sec. 125. Section 156.14, subsection 3, unnumbered
12paragraph 1, Code 2026, is amended to read as follows:
13To qualify for a funeral establishment or a cremation
14establishment license, the applicant shall submit to the board
15a license fee as determined by the board and a completed
16application on a form prescribed by the board that shall
17include the following information and be given under oath:
18 Sec. 126. Section 156.15, subsection 2, Code 2026, is
19amended by adding the following new paragraphs:
20 NEW PARAGRAPH. e. Failed to keep and maintain records
21required by this chapter or rules adopted under this chapter.
22 NEW PARAGRAPH. f. Violated section 147.55 or 272C.10.
23 Sec. 127. Section 156.15, subsection 3, Code 2026, is
24amended by striking the subsection.
25 Sec. 128. Section 157.4, subsection 2, Code 2026, is amended
26to read as follows:
272. The fee for a temporary permit shall be established by
28the board department as provided in section 147.80.
29 Sec. 129. Section 157.4, subsection 3, paragraph e, Code
302026, is amended to read as follows:
31e. An applicant shall submit an application fee determined
32by the board department by rule.
33 Sec. 130. Section 157.4B, subsection 3, Code 2026, is
34amended by striking the subsection.
35 Sec. 131. Section 157.8, subsection 2, paragraph a, Code
-42-12026, is amended to read as follows:
2a. The application for a license for a school shall be
3accompanied by the annual license fee determined pursuant to
4section 147.80, and shall state the name and location of the
5school and such other additional information as the board may
6require. The license is valid for one year a period determined
7by the department by rule and may be renewed.
8 Sec. 132. Section 157.8, subsection 3, paragraph c, Code
92026, is amended to read as follows:
10c. A person employed as an instructor in the barbering
11and cosmetology arts and sciences by a licensed school shall
12be licensed in the practice and shall possess a separate
13instructor’s license which shall be renewed biennially on
14a schedule as determined by the department by rule. An
15instructor shall file an application with the department on
16forms prescribed by the board. Requirements for licensure as
17an instructor shall be determined by the board by rule.
18 Sec. 133. Section 157.9, Code 2026, is amended to read as
19follows:
20157.9 License suspension and revocation.
21Any license issued by the department under the provisions
22of this chapter may be suspended, revoked, or renewal denied
23by the board for violation of any provision of this chapter,
24chapter 147, chapter 272C, or rules promulgated by the board
25under the provisions of chapter 17A.
26 Sec. 134. Section 157.11, subsection 2, Code 2026, is
27amended to read as follows:
282. The application shall be accompanied by the biennial
29 license fee determined pursuant to section 147.80. The license
30is valid for two years a term determined by the department by
31rule and may be renewed.
32 Sec. 135. Section 272C.3, subsection 2, paragraph a, Code
332026, is amended to read as follows:
34a. Revoke a license, or suspend a license either until
35further order of the board or for a specified period, upon any
-43-1of the grounds specified in section 100D.5, 105.22, 147.55,
2148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.219,
3542.10, 542B.21, 543B.29, 544A.13, 544B.15, or 602.3203 or
4chapter 151 or 155, as applicable, or upon any other grounds
5specifically provided for in this chapter for revocation of
6the license of a licensee subject to the jurisdiction of
7that board, or upon failure of the licensee to comply with a
8decision of the board imposing licensee discipline.
9 Sec. 136. Section 272C.4, subsection 6, Code 2026, is
10amended to read as follows:
116. Define by rule acts or omissions that are grounds for
12revocation or suspension of a license under section 100D.5,
13105.22, 147.55, 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13,
14455B.219, 542.10, 542B.21, 543B.29, 544A.13, 544B.15, or
15602.3203 or chapter 148I, 151, or 155, as applicable, and to
16define by rule acts or omissions that constitute negligence,
17careless acts, or omissions within the meaning of section
18272C.3, subsection 2, paragraph “b”, which licensees are
19required to report to the board pursuant to section 272C.9,
20subsection 2.
21 Sec. 137. Section 272C.5, subsection 2, paragraph c, Code
222026, is amended to read as follows:
23c. Shall state whether the procedures are an alternative
24to or an addition to the procedures stated in sections 100D.5,
25105.23, 105.24, 148.6 through 148.9, 152.10, 152.11, 153.33,
26and 154A.23, 542.11, 542B.22, 543B.35, 543B.36, and 544B.16.
27 Sec. 138. Section 459.102, subsection 44, Code 2026, is
28amended to read as follows:
2944. “Professional engineer” means a person engaged in the
30practice of engineering as defined in section 542B.2 who is
31 has been issued a certificate of licensure as a professional
32engineer pursuant to section 542B.17.
33 Sec. 139. Section 538A.2, subsection 2, paragraph e, Code
342026, is amended to read as follows:
35e. A person licensed as a real estate broker or salesperson,
-44-1 under section 543B.20 chapter 543B, acting within the course
2and scope of that license.
3 Sec. 140. Section 542.3, Code 2026, is amended by adding the
4following new subsections:
5 NEW SUBSECTION. 1A. “Attest and compilation review record”
6means a file, report, or other information relating to the
7professional competence of an applicant in the possession of an
8attest and compilation review team, or information concerning
9an attest and compilation services review developed by a review
10team in the possession of an applicant.
11 NEW SUBSECTION. 1B. “Attest and compilation review report”
12means a study, appraisal, or review of one or more aspects of a
13certified public accounting firm’s compliance with applicable
14accounting, auditing, and other attestation standards adopted
15by generally recognized standard-setting bodies.
16 NEW SUBSECTION. 1C. “Attest and compilation review team”
17means a person or organization participating in an attest and
18compilation review function, but does not include the board.
19 NEW SUBSECTION. 1D. “Attest and compilation services
20review” means a study, appraisal, or review of one or more
21aspects of the professional work of a licensee or firm that
22performs attest or compilation services, by a licensed person
23or persons who are not affiliated with the licensee or firm
24being reviewed. “Attest and compilation services review” does
25not include a peer review conducted pursuant to chapter 272C in
26connection with a disciplinary investigation.
27 Sec. 141. Section 542.3, subsections 19, 20, 21, and 22,
28Code 2026, are amended by striking the subsections.
29 Sec. 142. Section 542.4, subsection 1, unnumbered paragraph
301, Code 2026, is amended to read as follows:
31An Iowa accountancy examining board is created within the
32department of inspections, appeals, and licensing pursuant to
33section 147.13 to administer and enforce this chapter.
34 Sec. 143. Section 542.4, subsection 1, paragraphs a, b,
35c, d, e, f, and g, Code 2026, are amended by striking the
-45-1paragraphs.
2 Sec. 144. Section 542.4, subsections 2, 3, 4, 5, 6, and 8,
3Code 2026, are amended by striking the subsections.
4 Sec. 145. Section 542.4, subsection 9, paragraph b, Code
52026, is amended by striking the paragraph.
6 Sec. 146. Section 542.4, subsection 9, paragraphs q and t,
7Code 2026, are amended to read as follows:
8q. Rules regarding peer attest and compilation services
9 review that may be required to be performed under this chapter.
10t. Such other rules as the board deems necessary or
11appropriate for administering this chapter, including but not
12limited to rules establishing fees and rules of professional
13conduct, pertaining to corporations or limited liability
14companies practicing accounting, which the board deems
15consistent with or required by the public welfare. The
16board may adopt rules governing the style, name, and title of
17corporations and limited liability companies and governing the
18affiliation of corporations and limited liability companies
19with other organizations.
20 Sec. 147. Section 542.5, subsection 1, Code 2026, is amended
21to read as follows:
221. A certificate as a certified public accountant may
23be granted to a person of good moral character who makes
24application pursuant to section 542.6 and who satisfies the
25education, experience, and examination requirements of this
26section and rules adopted pursuant to this section.
27 Sec. 148. Section 542.5, subsections 6, 10, and 11, Code
282026, are amended by striking the subsections.
29 Sec. 149. Section 542.6, Code 2026, is amended to read as
30follows:
31542.6 Issuance and renewal of certificates — maintenance of
32competency.
331. a. The board shall issue a certificate to a person who
34makes application on a form prescribed and furnished by the
35board and who demonstrates either of the following:
-46- 1(1) That the person’s qualifications, including where
2applicable the qualifications prescribed by section 542.5,
3satisfy the requirements of this section, or that the person
4holds a certificate issued under prior law.
5(2) That the person holds in good standing a certificate or
6license to practice as a certified public accountant in another
7state or equivalent designation from a foreign country, and is
8eligible under the substantial equivalency or other provisions
9of section 542.19.
10b. The holder of a certificate issued under this section
11 by the board shall only provide attest services in a certified
12public accounting firm that is issued a permit under section
13542.7, or through a certified public accounting firm with a
14practice privilege under section 542.20.
152. A certificate shall be initially issued, and renewed,
16for a period of not more than three years, but in any event
17shall expire on a date specified by rule. A person who fails
18to renew a certificate as a certified public accountant by the
19expiration date shall be allowed to do so within thirty days
20following its expiration, but the board may assess a reasonable
21penalty. The board shall specify by rule the conditions under
22which a lapsed certificate may be reinstated, including the
23imposition of administrative penalties.
243. A certificate holder, for renewal of a certificate
25under this section, shall participate in a program of learning
26designed to maintain professional competency. Such program
27of learning must comply with rules adopted by the board. The
28board, by rule, may grant an exception to this requirement
29for a certificate holder who does not perform or offer to
30perform for the public one or more kinds of services involving
31the use of accounting or auditing skills, including issuance
32of reports on financial statements or the use of one or more
33kinds of management advisory, financial advisory, or consulting
34services, or the preparation of tax returns or the furnishing
35of advice on tax matters. A certificate holder entitled to an
-47-1exception by rule of the board shall place the word “inactive”
2adjacent to the holder’s certified public accountant title on
3any business card, letterhead, or other document or device,
4with the exception of the certificate holder’s certified public
5accountant certificate, on which the certificate holder’s
6certified public accountant title appears.
74. The board shall charge an application fee for initial
8issuance or renewal of a certificate in an amount prescribed by
9the board by rule.
105. An applicant for initial issuance or renewal of a
11certificate shall list in the application all states in which
12the applicant has applied for or holds a certificate, license,
13or permit and list any past denial, revocation, or suspension
14of a certificate, license, or permit. A holder of or applicant
15for a certificate under this section shall notify the board
16in writing, within thirty days after its occurrence, of any
17issuance, denial, revocation, or suspension of a certificate,
18license, or permit by another state.
196. 2. The board, by rule, shall require as a condition for
20renewal of a certificate under this section, by any certificate
21holder who performs compilation services for the public other
22than through a certified public accounting firm or licensed
23public accounting firm, that such individual undergo, no more
24frequently than once every three years, a peer an attest and
25compilation services review conducted in such manner as the
26board shall by rule specify, and such review shall include
27verification that such individual has met the competency
28requirements set out in professional standards for such
29services. The provisions of section 542.7, subsections 10, 11,
30and 12, shall apply to the peer attest and compilation services
31 review required in this subsection.
32 Sec. 150. Section 542.7, subsections 2, 5, and 6, Code 2026,
33are amended by striking the subsections.
34 Sec. 151. Section 542.7, subsection 8, paragraphs a and b,
35Code 2026, are amended to read as follows:
-48- 1a. The board, by rule, shall require as a condition
2of renewal of a permit to practice as a certified public
3accounting firm, that an applicant undergo, no more frequently
4than once every three years, a peer an attest and compilation
5services review conducted in such manner as the board
6specifies. The review shall include a verification that any
7individual in the firm who is responsible for supervising
8attest and compilation services and who signs or authorizes
9someone to sign the accountant’s report on behalf of the firm
10meets the competency requirements set forth in the professional
11standards for such services.
12b. Such rules shall include reasonable provision for
13compliance by an applicant showing that the applicant,
14within the preceding three years, has undergone a peer an
15attest and compilation services review that is a satisfactory
16equivalent to the peer review required under this subsection.
17An applicant’s completion of a peer review program endorsed
18or supported by the American institute of certified public
19accountants, or other substantially similar review as
20determined by the board, satisfies the requirements of this
21subsection.
22 Sec. 152. Section 542.7, subsection 9, paragraph a, Code
232026, is amended to read as follows:
24a. The applicant does not engage in, and does not intend to
25engage in during the following year, financial reporting areas
26of practice, including but not limited to audits, compilations,
27and reviews. An applicant granted a waiver pursuant to this
28paragraph shall immediately notify the board if the applicant
29engages in such practice, and shall be subject to peer an
30attest and compilation services review.
31 Sec. 153. Section 542.7, subsections 10, 11, and 12, Code
322026, are amended to read as follows:
3310. a. Peer Attest and compilation review records are
34privileged and confidential, and are not subject to discovery,
35subpoena, or other means of legal compulsion. Peer Attest
-49-1and compilation review records are not admissible in evidence
2in a judicial, administrative, or arbitration proceeding.
3Unless the subject of a peer an attest and compilation review
4timely objects in writing to the administering entity of
5the peer attest and compilation services review program,
6the administering entity shall make available to the board
7within thirty days of the issuance of the peer attest and
8compilation services review acceptance letter the final peer
9 attest and compilation review report or such peer attest and
10compilation review records as are designated by the peer
11 attest and compilation services review program in which the
12administering entity participates. The subject of a peer an
13attest and compilation services review may voluntarily submit
14the final peer attest and compilation review report directly
15to the board. Information or documents discoverable from
16sources other than a peer an attest and compilation review
17team do not become nondiscoverable from such other sources
18because they are made available to or are in the possession of
19a peer an attest and compilation review team. Information or
20documents publicly available from the American institute of
21certified public accountants relating to quality or peer review
22are not privileged or confidential under this subsection. A
23person or organization participating in the peer an attest
24and compilation services review process shall not testify as
25to the findings, recommendations, evaluations, or opinions of
26a peer an attest and compilation review team in a judicial,
27administrative, or arbitration proceeding.
28b. However, notwithstanding any provision of this subsection
29to the contrary, peer attest and compilation review reports
30concerning the office of auditor of state shall be considered a
31public record pursuant to chapter 22.
3211. A person is not liable as a result of an act, omission,
33or decision made in connection with the person’s service on a
34peer an attest and compilation review team, unless the act,
35omission, or decision is made with actual malice. A person
-50-1is not liable as a result of providing information to a peer
2 an attest and compilation review team, or for disclosure of
3privileged matters to a peer an attest and compilation review
4team.
512. The costs of the peer an attest and compilation services
6 review shall be paid by the applicant.
7 Sec. 154. Section 542.8, subsection 1, paragraph b,
8unnumbered paragraph 1, Code 2026, is amended to read as
9follows:
10The applicant has satisfactorily completed the examination
11prescribed in subsection 2 by the board by rule after having
12met one of the following:
13 Sec. 155. Section 542.8, subsections 2, 3, 4, 5, 6, 7, 9,
1410, 11, 14, and 15, Code 2026, are amended by striking the
15subsections.
16 Sec. 156. Section 542.8, subsections 17, 19, 20, 21, and 22,
17Code 2026, are amended to read as follows:
1817. The board, by rule, shall require as a condition of
19renewal of a permit to practice as a licensed public accounting
20firm, that an applicant undergo, no more frequently than once
21every three years, a peer an attest and compilation services
22 review conducted in such manner as the board specifies. The
23review shall include verification that any individual in the
24firm who is responsible for supervising compilation services
25and who signs or authorizes someone to sign the accountant’s
26report on a financial statement on behalf of the firm meets
27the competency requirements set forth in the professional
28standards for such services. Such rules shall include
29reasonable provision for compliance by an applicant showing
30that the applicant, within the preceding three years, has
31undergone a peer an attest and compilation services review
32that is a satisfactory equivalent to the peer attest and
33compilation services review required under this subsection.
34An applicant’s completion of a peer an attest and compilation
35services review program endorsed or supported by the national
-51-1society of accountants, or other substantially similar review
2as determined by the board, satisfies the requirements of this
3subsection.
419. Peer Attest and compilation review records are
5privileged and confidential, and are not subject to discovery,
6subpoena, or other means of legal compulsion. Peer Attest and
7compilation review records are not admissible in evidence in a
8judicial, administrative, or arbitration proceeding. Unless
9the subject of a peer an attest and compilation services
10 review timely objects in writing to the administering entity
11of the peer attest and compilation services review program,
12the administering entity shall make available to the board
13within thirty days of the issuance of the peer attest and
14compilation services review acceptance letter the final peer
15 attest and compilation review report or such peer attest and
16compilation review records as are designated by the peer
17 attest and compilation services review program in which the
18administering entity participates. The subject of a peer an
19attest and compilation services review may voluntarily submit
20the final peer attest and compilation review report directly to
21the board. Information or documents discoverable from sources
22other than a peer an attest and compilation review team do not
23become nondiscoverable from such other sources because they are
24made available to or are in the possession of a peer an attest
25and compilation review team. Information or documents publicly
26available from the national society of accountants relating to
27quality or peer attest and compilation services review are not
28privileged or confidential under this subsection. A person or
29organization participating in the peer attest and compilation
30services review process shall not testify as to the findings,
31recommendations, evaluations, or opinions of a peer an attest
32and compilation review team in a judicial, administrative, or
33arbitration proceeding.
3420. A person is not liable as a result of an act, omission,
35or decision made in connection with the person’s service in a
-52-1peer an attest and compilation review team, unless the act,
2omission, or decision is made with actual malice. A person
3is not liable as a result of providing information to a peer
4 an attest and compilation review team, or for disclosure of
5privileged matters to a peer an attest and compilation review
6team.
721. The costs of the peer attest and compilation services
8 review shall be paid by the applicant.
922. The board, by rule, shall require as a condition for
10renewal of a license under this section by any license holder
11who performs compilation services for the public other than
12through a licensed public accounting firm or a certified
13public accounting firm, that such individual undergo, no more
14frequently than once every three years, a peer an attest and
15compilation services review conducted in such manner as the
16board shall by rule specify, and such review shall include
17verification that such individual has met the competency
18requirements set out in professional standards for such
19services.
20 Sec. 157. Section 542.8, subsection 18, paragraph a, Code
212026, is amended to read as follows:
22a. The applicant does not engage in, and does not intend
23to engage in during the following year, financial reporting
24areas of practice, including but not limited to compilations.
25An applicant granted a waiver pursuant to this paragraph shall
26immediately notify the board if the applicant engages in such
27practice, and shall be subject to peer attest and compilation
28services review.
29 Sec. 158. Section 542.9, Code 2026, is amended to read as
30follows:
31542.9 Appointment of secretary of state as agent.
32Application for Issuance of a certificate under section
33542.6, or application for a license under section 542.8, a
34permit to practice under section 542.7, or a certificate under
35section 542.19 by a person or a firm not a resident of this
-53-1state constitutes appointment of the secretary of state as
2the applicant’s agent upon whom process may be served in any
3action or proceeding against the applicant arising out of
4a transaction or operation connected with or incidental to
5services performed by the applicant while a licensee within
6this state.
7 Sec. 159. Section 542.10, subsection 1, unnumbered
8paragraph 1, Code 2026, is amended to read as follows:
9After notice and hearing pursuant to section 542.11, the
10 board may revoke, suspend for a period of time not to exceed
11two years, or refuse to renew a license; reprimand, censure,
12or limit the scope of practice of any licensee; impose an
13administrative penalty not to exceed one thousand dollars
14per violation against an individual licensee or ten thousand
15dollars per violation against a firm licensee; require remedial
16actions; or place any licensee on probation; all with or
17without terms, conditions, and in combinations of remedies, for
18any one or more of the following reasons:
19 Sec. 160. Section 542.10, subsection 3, Code 2026, is
20amended to read as follows:
213. In lieu of or in addition to any remedy specifically
22provided in subsection 1, the board may require a licensee to
23satisfy a peer an attest and compilation services review or
24desk review process on such terms as the board may specify,
25satisfactorily complete a continuing education program, or such
26additional remedies as the board may specify by rule.
27 Sec. 161. Section 542.13, subsection 13, paragraph c, Code
282026, is amended to read as follows:
29c. Undergoes, no less frequently than once every three
30years, a peer an attest and compilation services review
31conducted in a manner as specified by the board. The review
32shall include verification that such individual has met the
33competency requirements set out in professional standards for
34such services.
35 Sec. 162. Section 542.14, subsections 1 and 5, Code 2026,
-54-1are amended by striking the subsections.
2 Sec. 163. Section 542.14, subsection 2, Code 2026, is
3amended to read as follows:
42. In addition to a criminal penalty provided for in
5section 542.15 chapter 147, the board may issue an order to
6require compliance with section 542.13 or 542.20 or to revoke a
7practice privilege under section 542.20, and may impose a civil
8penalty not to exceed one thousand dollars for each offense
9upon a person who is not a licensee under this chapter and who
10engages in conduct prohibited by section 542.13 or 542.20.
11Each day of a continued violation constitutes a separate
12offense. The board may impose a penalty up to ten thousand
13dollars per violation against a firm that violates section
14542.13 or 542.20.
15 Sec. 164. Section 542.17, subsection 1, Code 2026, is
16amended to read as follows:
171. A licensee shall not voluntarily disclose information
18communicated to the licensee by a client relating to and
19in connection with services rendered to the client by the
20licensee, except with the permission of the client, or an
21heir, successor, or personal representative of the client.
22Such information is deemed to be confidential. However, this
23section shall not be construed as prohibiting the disclosure of
24information required to be disclosed by the standards of the
25public accounting profession in reporting on the examination of
26financial statements or in the performance of an attest service
27or as prohibiting disclosures in a court proceeding, in an
28investigation or proceeding under this chapter or chapter 272C,
29in an ethical investigation conducted by a private professional
30organization, in the course of a peer an attest and compilation
31services review, to another person active in the licensee’s
32firm performing services for that client on a need-to-know
33basis, to persons associated with the investigative entity who
34need this information for the sole purpose of assuring quality
35control, or as otherwise required by law.
-55-1 Sec. 165. Section 542.18, subsection 1, Code 2026, is
2amended to read as follows:
31. Subject to section 542.17, all statements, records,
4schedules, working papers, and memoranda made by a licensee or
5a partner, shareholder, officer, director, member, manager,
6or employee of a licensee, incident to, or in the course of,
7rendering services to a client, except reports submitted by
8the licensee to the client and except for records that are
9part of the client’s records, are the property of the licensee
10in the absence of an express agreement between the licensee
11and the client to the contrary. Such statement, record,
12schedule, working paper, or memorandum shall not be sold,
13transferred, or bequeathed, without the consent of the client
14or the client’s personal representative or assignee, to anyone
15other than a surviving partner, stockholder, or member of
16the licensee, or any combined or merged firm or successor in
17interest to the licensee. This section shall not be construed
18as prohibiting a temporary transfer of working papers or other
19material necessary in the course of carrying out peer attest
20and compilation services reviews or as otherwise interfering
21with the disclosure of information pursuant to section 542.17.
22 Sec. 166. Section 542.19, subsection 1, paragraph c,
23subparagraph (3), Code 2026, is amended by striking the
24subparagraph.
25 Sec. 167. Section 542.20, subsection 5, paragraph e, Code
262026, is amended to read as follows:
27e. The firm shall comply with the ownership and peer attest
28and compilation services review requirements of section 542.7.
29 Sec. 168. Section 542.20, subsection 6, paragraphs c and d,
30Code 2026, are amended to read as follows:
31c. An individual who provides attest services in Iowa or
32for a client having a home office in Iowa must practice through
33a certified public accounting firm that is licensed under
34section 542.7, or through a certified public accounting firm
35that is validly licensed in the state of its principal place of
-56-1business and complies with the ownership and peer attest and
2compilation services review requirements of section 542.7.
3d. An individual who provides compilation services in Iowa
4or for a client having a home office in Iowa must comply with
5the peer attest and compilation services review provisions of
6section 542.6, subsection 6, or provide such services through a
7certified public accounting firm, a licensed public accounting
8firm, or substantially equivalent firm that is validly licensed
9in the firm’s principal place of business and is subject to
10the peer attest and compilation services review and ownership
11provisions of section 542.7 or 542.8.
12 Sec. 169. Section 542.20, subsection 7, paragraph c, Code
132026, is amended to read as follows:
14c. Agrees to supply the board, upon the board’s request
15and without subpoena, such information or records as licensees
16are similarly required to provide the board under this chapter
17regarding themselves or, in the case of a firm, regarding
18the individuals practicing through the firm, including
19but not limited to licensure status in all jurisdictions;
20qualifications for substantial equivalency reciprocity under
21section 542.19, subsection 1, paragraph “a”, “b”, or “c”;
22location of principal place of business and all other offices;
23criminal and disciplinary background; malpractice settlements
24and judgments; firm ownership and when applicable, information
25regarding nonlicensee owners; whether public accounting
26services are subject to peer attest and compilation services
27 review; proof of completion of peer attest and compilation
28services review, when applicable; qualifications to supervise
29attest services, when applicable; and timely response to
30inquiries regarding complaints and investigations conducted
31under this chapter.
32 Sec. 170. Section 542B.3, Code 2026, is amended to read as
33follows:
34542B.3 Engineering and land surveying examining board
35created.
-57- 1An engineering and land surveying examining board is
2created within the department of inspections, appeals, and
3licensing. The board consists of three members who are
4licensed professional engineers, two members who are licensed
5professional land surveyors, and two members who are not
6licensed professional engineers or licensed professional land
7surveyors and who shall represent the general public. An
8individual who is licensed as both a professional engineer and
9a professional land surveyor may serve to satisfy the board
10membership requirement for either a licensed professional
11engineer or a licensed professional land surveyor, but not
12both. Members shall be appointed by the governor subject
13to confirmation by the senate. A licensed member shall
14be actively engaged in the practice of engineering or land
15surveying and shall have been so engaged for five years
16preceding the appointment, the last two of which shall have
17been in Iowa. Insofar as practicable, licensed engineer
18members of the board shall be from different branches of the
19profession of engineering. Professional associations or
20societies composed of licensed engineers or licensed land
21surveyors may recommend the names of potential board members
22whose profession is representative of that association or
23society to the governor. However, the governor is not bound by
24the recommendations. A board member shall not be required to
25be a member of any professional association or society composed
26of professional engineers or professional land surveyors.
27 Sec. 171. Section 542B.15, Code 2026, is amended to read as
28follows:
29542B.15 Examinations — report required.
30Examinations for licensure shall be given as often as
31deemed necessary by the department of inspections, appeals,
32and licensing, but no less than one time per year. The scope
33of the examinations and the methods of procedure shall be
34prescribed by the board. The identity of the person taking
35the examination shall be concealed until after the examination
-58-1has been graded by the department of inspections, appeals,
2and licensing. As soon as practicable after the close of
3each examination, a report shall be filed in the office of
4the secretary of the board by the department of inspections,
5appeals, and licensing. The report shall show the action of
6the board upon each application and the secretary of the board
7shall notify each applicant of the result of the applicant’s
8examination. Applicants who fail the examination once shall
9be allowed to take the examination at the next scheduled
10time. Thereafter, the applicant shall be allowed to take the
11examination at the discretion of the board. An applicant who
12has failed the examination may request in writing information
13from the board concerning the applicant’s examination grade and
14subject areas or questions which the applicant failed to answer
15correctly, except that if the board administers a uniform,
16standardized examination, the board shall only be required
17to provide the examination grade and such other information
18concerning the applicant’s examination results which are
19available to the board.
20 Sec. 172. Section 542B.27, subsection 4, Code 2026, is
21amended to read as follows:
224. Before issuing an order under this section, the board
23shall provide the person written notice and the opportunity to
24request a hearing on the record. The hearing must be requested
25within thirty days of the issuance of the notice and shall be
26conducted in the same manner as provided in section 542B.22.
27 Sec. 173. Section 543B.8, Code 2026, is amended to read as
28follows:
29543B.8 Real estate commission created — staff.
301. A real estate commission is created within the department
31of inspections, appeals, and licensing. The commission
32consists of four members licensed under this chapter and one
33member not licensed under this chapter and who shall represent
34the general public. Commission members shall be appointed by
35the governor subject to confirmation by the senate.
-59- 12. No more than one member shall be appointed from a
2county. A commission member shall not hold any other elective
3or appointive state or federal office. At least one of the
4licensed members shall be a licensed real estate salesperson,
5except that if the licensed real estate salesperson becomes
6a licensed real estate broker during a term of office,
7that person may complete the term, but is not eligible for
8reappointment on the commission as a licensed real estate
9salesperson. A licensed member shall be actively engaged
10in the real estate business. Professional associations or
11societies of real estate brokers or real estate salespersons
12may recommend the names of potential commission members to
13the governor. However, the governor is not bound by their
14recommendations. A commission member shall not be required to
15be a member of any professional association or society composed
16of real estate brokers or salespersons.
173. Appointments shall be for three-year terms and shall
18commence and end as provided in section 69.19. A member
19shall serve no more than three terms or nine years, whichever
20is less. Vacancies shall be filled for the unexpired term
21by appointment of the governor and are subject to senate
22confirmation.
234. A majority of the commission members constitutes a
24quorum.
255. The director of the department of inspections, appeals,
26and licensing shall hire and provide staff to assist the
27commission with implementing this chapter and shall hire a
28real estate education director to assist the commission in
29administering education programs for the commission.
30 Sec. 174. Section 543B.9, Code 2026, is amended to read as
31follows:
32543B.9 Rules.
33The real estate commission may adopt rules to carry out and
34administer the provisions of this chapter. The commission may
35carry on a program of education of real estate practices and
-60-1matters relating to real estate. The commission shall adopt
2rules necessary to carry out the provisions of chapter 558A
3 relating to the disclosure of information before the transfer
4of real estate.
5 Sec. 175. Section 543B.15, subsections 1, 3, 4, 5, and 6,
6Code 2026, are amended by striking the subsections.
7 Sec. 176. Section 543B.15, subsections 2 and 9, Code 2026,
8are amended to read as follows:
92. To qualify for a license as a real estate broker
10or salesperson a person shall be eighteen years of age or
11over. However, an applicant is not ineligible because of
12citizenship, sex, race, religion, marital status, or national
13origin, although the application form may require citizenship
14information.
159. An applicant for an initial real estate broker’s or
16salesperson’s license shall be subject to a national criminal
17history check through the federal bureau of investigation
18pursuant to rules adopted by the department pursuant to
19chapter 17A. The commission shall request the criminal
20history check and shall provide the applicant’s fingerprints
21to the department of public safety for submission through
22the state criminal history repository to the federal bureau
23of investigation. The applicant shall authorize release of
24the results of the criminal history check to the real estate
25commission. The applicant shall pay the actual cost of the
26fingerprinting and criminal history check, if any. Unless the
27criminal history check was completed within the two hundred
28ten calendar days prior to the date the license application
29is received by the real estate commission, the commission
30shall reject and return the application to the applicant. The
31commission shall process the application but hold delivery
32of the license until the background check is complete. The
33results of a criminal history check conducted pursuant to
34this subsection shall not be considered a public record under
35chapter 22.
-61-1 Sec. 177. Section 543B.20, Code 2026, is amended to read as
2follows:
3543B.20 Examination.
4Examinations for a license shall be given as often as deemed
5necessary by the real estate commission, but no less than one
6time per year. Each applicant for a license must pass an
7examination authorized by the commission and administered by
8the commission or persons designated by the commission. The
9examination shall be of scope and wording sufficient in the
10judgment of the commission to establish the competency of the
11applicant to act as a real estate broker or salesperson in a
12manner to protect the interests of the public. An examination
13for a real estate broker shall be of a more exacting nature
14than that for a real estate salesperson and require higher
15standards of knowledge of real estate. The identity of the
16persons taking the examinations shall be concealed until after
17the examination has been graded. A person who fails to pass
18either examination once may immediately apply to take the next
19available examination. Thereafter, the applicant may take the
20examination at the discretion of the commission. An applicant
21who has failed either examination may request in writing
22information from the commission concerning the applicant’s
23examination grade and subject areas or questions which the
24applicant failed to answer correctly, except that if the
25commission administers a uniform, standardized examination, the
26commission is only required to provide the examination grade
27and other information concerning the applicant’s examination
28results which is available to the commission.
29 Sec. 178. Section 543B.29, subsection 1, paragraph f, Code
302026, is amended to read as follows:
31f. (1) Conviction of an offense included in section
32543B.15, subsection 3 in violation of the laws of this state
33or another jurisdiction of the United States. For purposes of
34this section, “conviction” means a conviction for an indictable
35offense and includes the court’s acceptance of a guilty plea,
-62-1a deferred judgment from the time of entry of the deferred
2judgment until the time the defendant is discharged by the
3court without entry of judgment, or other finding of guilt by
4a court of competent jurisdiction. A copy of the record of
5conviction, guilty plea, deferred judgment, or other finding of
6guilt is conclusive evidence.
7(1) A licensed real estate broker or salesperson shall
8notify the commission of the licensee’s conviction of an
9offense included in section 543B.15, subsection 3, paragraph
10“a”, within ten days of the conviction. Notification of a
11conviction for an offense which is classified as a felony shall
12result in the immediate suspension of a license pending the
13outcome of a hearing conducted pursuant to section 543B.35 to
14determine the nature of the disciplinary action, if any, the
15commission will impose on the licensee. The hearing shall be
16conducted within thirty days of the licensee’s notification to
17the commission, and the commission’s decision shall be provided
18to the licensee no later than thirty days following the
19hearing. The failure of the licensee to notify the commission
20of the conviction within ten days of the date of the conviction
21is sufficient grounds for revocation of the license.
22(2) The commission, when considering the revocation
23or suspension of a license pursuant to this paragraph “f”,
24shall consider the nature of the offense; any aggravating or
25extenuating circumstances which are documented; the time lapsed
26since the conduct or conviction; the rehabilitation, treatment,
27or restitution performed by the licensee; and any other factors
28the commission deems relevant. Character references may be
29required but shall not be obtained from licensed real estate
30brokers or salespersons.
31 Sec. 179. Section 543B.29, subsections 2 and 4, Code 2026,
32are amended by striking the subsections.
33 Sec. 180. Section 543B.31, Code 2026, is amended to read as
34follows:
35543B.31 Place of business — branch license.
-63- 1Every real estate broker, except as provided in section
2543B.22, shall maintain a place of business in this state. A
3real estate broker may maintain more than one place of business
4within the state and a broker may be the designated broker
5of more than one branch office within the state. If the
6real estate broker maintains more than one place of business
7within the state, a duplicate license shall be issued to such
8broker for each branch office maintained. A fee determined by
9the real estate commission shall be paid for each duplicate
10license.
11 Sec. 181. Section 543B.34, subsection 1, unnumbered
12paragraph 1, Code 2026, is amended to read as follows:
13The real estate commission may upon its own motion and
14shall upon the verified complaint in writing of any person,
15if the complaint together with evidence, documentary or
16otherwise, presented in connection with the complaint makes
17out a prima facie case, request commission staff or any other
18duly authorized representative or designee to investigate the
19actions of any real estate broker, real estate salesperson, or
20other person who assumes to act in such capacity within this
21state. The commission may assess civil penalties against any
22person or entity, and may suspend or revoke a license issued
23under this chapter at any time if the licensee has by false
24or fraudulent representation obtained a license, or if the
25licensee or other person assuming to act in the capacity of
26a real estate broker or real estate salesperson, except for
27those actions exempt pursuant to section 543B.7, is found to be
28guilty of any of the following:
29 Sec. 182. Section 543B.34, subsection 3, Code 2026, is
30amended by striking the subsection.
31 Sec. 183. Section 543B.46, subsections 3 and 6, Code 2026,
32are amended to read as follows:
333. Each broker required to maintain a trust account pursuant
34to this section shall authorize the real estate commission
35 department of inspections, appeals, and licensing to examine
-64-1each trust account and shall obtain the certification of the
2federally insured depository institution attesting to each
3trust account and consenting to the examination and audit
4of each account by a duly authorized representative of the
5commission. The certification and consent shall be furnished
6on forms prescribed by the commission. This subsection does
7not apply to an individual farm account maintained in the
8name of the owner or owners for the purpose of conducting
9ongoing farm business whether it is conducted by the farm owner
10or by an agent or farm manager when the account is part of
11a farm management agreement between the owner and agent or
12manager. This subsection also does not apply to an individual
13property management account maintained in the name of the
14owner or owners for the purpose of conducting ongoing property
15management whether it is conducted by the property owner or
16by an agent or manager when the account is part of a property
17management agreement between the owner and agent or manager.
186. The commission department of inspections, appeals, and
19licensing shall verify on a test basis, a random sampling
20of the brokers, corporations, professional corporations,
21professional limited liability companies, and partnerships
22for their trust account compliance. The commission may upon
23reasonable cause, or as a part of or after an investigation,
24request or order a special report.
25 Sec. 184. Section 543B.47, subsection 1, Code 2026, is
26amended to read as follows:
271. The real estate commission shall adopt rules requiring
28as a condition of licensure that all real estate licensees,
29except those who hold inactive licenses, carry errors and
30omissions insurance covering all activities contemplated under
31this chapter. The rules shall provide for administration of
32the insurance requirements of this section within the multiyear
33licensing structure required by section 543B.28. However,
34the The rules shall require licensees to submit evidence of
35compliance with this section within twenty calendar days of
-65-1the commission’s request, which may be made on a test basis, a
2random basis, or upon reasonable cause to question a licensee’s
3compliance.
4 Sec. 185. Section 543B.62, subsection 1, Code 2026, is
5amended to read as follows:
61. Except as provided in subsection 2, the duties of a
7licensee specified in this chapter, chapter 147, or chapter
8272C, or in rules adopted pursuant to this chapter supersede
9any fiduciary duties of a licensee to a party to a transaction
10based on common law principles of agency to the extent that
11those common law fiduciary duties are inconsistent with the
12duties specified in this chapter or rules adopted pursuant to
13this chapter.
14 Sec. 186. Section 543D.4, subsection 1, Code 2026, is
15amended to read as follows:
161. A real estate appraiser examining board is established
17within the department of inspections, appeals, and licensing.
18The board consists of five members, one of whom shall be a
19public member and four of whom shall be certified real estate
20appraisers.
21 Sec. 187. Section 543D.4, subsections 2, 3, 4, 5, 6, 7, 8,
229, and 10, Code 2026, are amended by striking the subsections.
23 Sec. 188. Section 543D.9, Code 2026, is amended to read as
24follows:
25543D.9 Education and experience requirement.
26The board shall determine what real estate appraisal or real
27estate appraisal review experience and what education shall be
28required to provide appropriate assurance that an applicant for
29certification is competent to perform the certified appraisal
30work which is within the scope of practice defined by the
31board. All experience required for initial certification shall
32be performed as a registered associate real estate appraiser
33acting under the direct supervision of a certified real estate
34appraiser who meets the supervisory requirements established
35by applicable federal authorities or federal law, rule, or
-66-1policy in effect at the time the hours of experience are
2claimed, except as the board may provide by rule. Subject
3to requirements or limitations established by applicable
4federal authorities or federal law, rule, or policy, hours
5qualifying for experience in a bordering another state will
6be considered qualifying hours for experience in this state
7without requiring a waiver or authorization from the board
8in accordance with rules and standards adopted by the board.
9Qualifying hours completed in a bordering another state shall
10be under the direct supervision of a certified real estate
11appraiser with active certification in that bordering state.
12The board shall prescribe a required minimum number of tested
13hours of education relating to the provisions of this chapter,
14the uniform appraisal standards, and other rules issued in
15accordance with this chapter.
16 Sec. 189. Section 543D.21, subsection 1, Code 2026, is
17amended by striking the subsection.
18 Sec. 190. Section 544A.1, subsection 2, Code 2026, is
19amended to read as follows:
202. The architectural examining board is created within the
21department of inspections, appeals, and licensing. The board
22consists of four members who possess a license issued under
23section 544A.9, and one member who does not possess a license
24issued under section 544A.9 and who shall represent the general
25public. Members shall be appointed by the governor subject to
26confirmation by the senate.
27 Sec. 191. Section 544A.1, subsection 3, Code 2026, is
28amended by striking the subsection.
29 Sec. 192. Section 544A.5, Code 2026, is amended to read as
30follows:
31544A.5 Duties.
32The architectural examining board shall enforce this
33chapter, shall adopt rules pursuant to chapter 17A for the
34examination of applicants for the license provided by this
35chapter, and shall, after due public notice, hold meetings each
-67-1year for the purpose of examining applicants for licensure
2and the transaction of business pertaining to the affairs of
3the board. Examinations shall be given as often as deemed
4necessary, but not less than annually. Action at a meeting
5shall not be taken without the affirmative votes of a majority
6of the members of the board. The director of the department
7of inspections, appeals, and licensing shall hire and provide
8staff to assist the board with implementing this chapter.
9 Sec. 193. Section 544A.8, subsection 1, Code 2026, is
10amended to read as follows:
111. Any person may apply for a license or may apply to take
12an examination for licensure under this chapter. The board
13shall not require that the application contain a photograph of
14the applicant.
15 Sec. 194. Section 544A.15, subsection 2, Code 2026, is
16amended by striking the subsection.
17 Sec. 195. Section 544A.16, subsection 2, Code 2026, is
18amended to read as follows:
192. “Board” means the architectural examining board
20established created in section 544A.1.
21 Sec. 196. Section 544A.29, Code 2026, is amended to read as
22follows:
23544A.29 Rules.
24The board may adopt rules consistent with this chapter for
25the administration and enforcement of pursuant to chapter 17A
26to administer and enforce this chapter and may prescribe forms
27to be issued. The rules may include, but are not limited
28to, standards and criteria for licensure, license renewal,
29professional conduct, misconduct, and discipline. Violation
30of a rule of conduct is grounds for disciplinary action or
31reprimand or probation at the discretion of the board. The
32board may enter into a consent order with an architect which
33acknowledges an architect’s violation and agreement to refrain
34from any further violation. A willful or repeated violation
35of a rule of conduct is grounds for disciplinary action as
-68-1provided in section 544A.13.
2 Sec. 197. Section 544B.1, subsection 1, Code 2026, is
3amended to read as follows:
41. “Board” means the landscape architectural examining board
5established created pursuant to section 544B.3.
6 Sec. 198. Section 544B.3, Code 2026, is amended to read as
7follows:
8544B.3 Landscape architectural examining board created.
91. A landscape architectural examining board is created
10within the department of inspections, appeals, and licensing.
11The board consists of five members who are professional
12landscape architects and two members who are not professional
13landscape architects and who shall represent the general
14public. Members shall be appointed by the governor, subject
15to confirmation by the senate. Four of the five professional
16members shall be actively engaged in the practice of landscape
17architecture or the teaching of landscape architecture in
18an accredited college or university, and shall have been so
19engaged for five years preceding appointment, the last two of
20which shall have been in Iowa. One of the five professional
21members shall be actively engaged in the practice of landscape
22architecture or the teaching of landscape architecture in an
23accredited college or university, and may have been so engaged
24for fewer than five years preceding appointment but at least
25one year preceding appointment. Associations or societies
26composed of professional landscape architects may recommend the
27names of potential board members to the governor. However,
28the governor is not bound by the recommendations. A board
29member shall not be required to be a member of any professional
30association or society composed of professional landscape
31architects.
322. Appointments shall be for three-year terms and shall
33commence and end as provided in section 69.19. Vacancies shall
34be filled for the unexpired term by appointment of the governor
35and are subject to senate confirmation. Members shall serve no
-69-1more than three terms or nine years, whichever is less.
2 Sec. 199. Section 544B.5, Code 2026, is amended to read as
3follows:
4544B.5 Duties.
5The board shall enforce this chapter and shall make rules
6for the examination of applicants for licensure. The board
7shall keep a record of its proceedings. The board shall adopt
8an official seal which shall be affixed to all certificates
9of licensure granted. The board may make other rules, not
10inconsistent with law, as necessary for the proper performance
11of its duties. The board shall maintain a roster showing the
12name, place of business, and residence, and the date and number
13of the certificate of licensure of every professional landscape
14architect in this state. The director of the department of
15inspections, appeals, and licensing shall hire and provide
16staff to assist the board in implementing this chapter.
17 Sec. 200. Section 544B.8, Code 2026, is amended to read as
18follows:
19544B.8 Examination.
201. A person applying for a certificate of licensure as a
21professional landscape architect shall satisfactorily pass an
22examination in technical and professional subjects prescribed
23by the board. The board may adopt the uniform standardized
24examination and grading procedures of a national certification
25body recognized by the board. The examination may be conducted
26by representatives of the board. The identity of a person
27taking the examination shall be concealed until after the
28examination is graded. The fee for examination shall be based
29on the annual cost of administering the examinations. The
30public members of the board shall be allowed to participate in
31administrative, clerical, or ministerial functions incident to
32giving the examination, but shall not determine the content of
33the examination or determine the correctness of the answers.
342. An applicant who has failed the examination may
35request in writing information from the board concerning the
-70-1applicant’s examination grade and subject areas or questions
2which the applicant failed to answer correctly, except that
3if the board administers a uniform, standardized examination,
4the board shall only be required to provide the examination
5grade and such other information concerning the applicant’s
6examination results which are available to the board.
7 Sec. 201. Section 544B.9, subsection 1, unnumbered
8paragraph 1, Code 2026, is amended to read as follows:
9Any person may apply for a certificate of licensure or
10may apply to take an examination for such certification.
11Applications for licensure shall be on forms prescribed and
12furnished by the board, shall contain statements made under
13oath, showing the applicant’s education and detail summary of
14the applicant’s pertinent practical landscape architectural
15work and experience. The board shall not require that a recent
16photograph of the applicant be attached to the application
17form. An applicant shall not be ineligible for licensure on
18the basis of membership in any protected class under chapter
19216. The board may consider the past felony record of an
20applicant only if the felony conviction relates directly to
21the practice of landscape architecture. Character references
22may be required but shall not be obtained from professional
23landscape architects. Each applicant for licensure as
24a professional landscape architect shall meet one of the
25following requirements:
26 Sec. 202. Section 544B.20, subsection 5, Code 2026, is
27amended to read as follows:
285. To apply to the business conducted in this state by any
29planner, agriculturist, soil conservationist, horticulturist,
30tree expert, arborist, forester, nursery or landscape nursery
31person, gardener, landscape gardener, landscape contractor,
32garden or lawn caretaker, tiling contractor, grader or
33cultivator of land, golf course designer or contractor,
34or similar business. However, such person shall not use
35the designation landscape architect or any title or device
-71-1indicating or representing that such person is a professional
2landscape architect or is practicing landscape architecture
3unless such person is licensed under the provisions of section
4544B.11 pursuant to this chapter.
5 Sec. 203. Section 544C.2, subsection 1, Code 2026, is
6amended to read as follows:
71. An interior design examining board is established within
8the department. The board consists of seven members: five
9members who are interior designers who are registered under
10this chapter and who have been in the active practice of
11registered interior design for not less than five years, the
12last two of which shall have been in Iowa; and two members who
13are not registered under this chapter and who shall represent
14the general public. Members shall be appointed by the governor
15subject to confirmation by the senate.
16 Sec. 204. Section 544C.2, subsections 2 and 3, Code 2026,
17are amended by striking the subsections.
18 Sec. 205. Section 544C.3, subsection 1, paragraphs e and f,
19Code 2026, are amended by striking the paragraphs.
20 Sec. 206. Section 544C.3, subsection 2, Code 2026, is
21amended by striking the subsection.
22 Sec. 207. Section 710A.3, Code 2026, is amended to read as
23follows:
24710A.3 Affirmative defense.
25It shall be an affirmative defense, in addition to any other
26affirmative defenses for which a defendant may be eligible,
27to a prosecution for a criminal violation of section 152C.5B,
28152C.5C, 157.4A, 157.4B, 710A.2, 710A.2A, or 710A.2B, that the
29violation directly resulted from the defendant’s status as a
30victim of any human trafficking crime under chapter 710A.
31 Sec. 208. REPEAL. Sections 148.2B, 148.7, 148.8, 148.8A,
32148.9, 148.10, 148.12, 148.14, 148C.13, 149.7, 151.12, 152.2,
33152.9, 152.11, 152D.9, 153.19, 154B.8, 155.14, 155.19, 155A.5,
34155A.39, 157.7, 542.11, 542.12, 542.15, 542.16, 542B.4, 542B.6,
35542B.7, 542B.8, 542B.9, 542B.12, 542B.13, 542B.17, 542B.18,
-72-1542B.19, 542B.22, 542B.24, 542B.30, 542B.31, 542B.32, 543B.12,
2543B.13, 543B.14, 543B.16, 543B.18, 543B.19, 543B.21, 543B.22,
3543B.23, 543B.27, 543B.28, 543B.30, 543B.32, 543B.35, 543B.36,
4543B.37, 543B.38, 543B.39, 543B.40, 543B.41, 543B.42, 543B.43,
5543B.44, 543B.49, 543B.50, 543B.51, 543B.52, 543B.53, 543D.6,
6543D.7, 543D.14, 544A.2, 544A.3, 544A.9, 544A.10, 544A.11,
7544A.12, 544A.20, 544A.25, 544A.26, 544A.27, 544B.4, 544B.7,
8544B.10, 544B.11, 544B.13, 544B.14, 544B.15, 544B.16, 544B.17,
9544B.18, 544B.19, 544C.4, 544C.6, 544C.7, 544C.9, and 544C.11,
10Code 2026, are repealed.
11 Sec. 209. APPLICABILITY.
121. The following apply to licenses issued pursuant to
13chapter 103 on or after the effective date of this Act and on or
14after the date on which the department of inspections, appeals,
15and licensing adopts rules setting the term and renewal
16procedures for licenses issued pursuant to chapter 103:
17a. The section of this Act amending section 103.18.
18b. The section of this Act amending section 103.19,
19subsections 1 and 2.
202. The following applies to licenses issued pursuant to
21chapter 105 on or after the effective date of this Act and
22on or after the date on which the department of inspections,
23appeals, and licensing adopts rules setting the term and
24renewal procedures for licenses issued pursuant to chapter 105:
25the section of this Act amending section 105.20, subsection 1.
263. The following applies to licenses issued pursuant to
27chapter 147 on or after the effective date of this Act and
28on or after the date on which the department of inspections,
29appeals, and licensing adopts rules setting the term and
30renewal procedures for licenses issued pursuant to chapter 147:
31the section of this Act amending section 147.10.
324. The following apply to licenses issued pursuant to
33chapter 157 on or after the effective date of this Act and on or
34after the date on which the department of inspections, appeals,
35and licensing adopts rules setting the term and renewal
-73-1procedures for licenses issued pursuant to chapter 157:
2a. The sections of this Act amending section 157.8.
3b. The section of this Act amending section 157.11.
45. The following applies to licenses issued pursuant to
5chapter 542 on or after the effective date of this Act and
6on or after the date on which the department of inspections,
7appeals, and licensing adopts rules setting the term and
8renewal procedures for licenses issued pursuant to chapter 542:
9the sections of this Act amending section 542.7.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to the duties of the department of
14inspections, appeals, and licensing (department), including the
15practice of licensed professions and the duties of professional
16licensing boards.
17The bill changes the definition of “apprentice electrician”
18to include a person participating in a training program
19registered by the Iowa office of apprenticeship (IOA). The
20bill strikes a requirement for the electrical board to adopt an
21official seal and requires a license issued under Code chapter
22103 (electricians and electrical contractors) to be in the form
23of a certificate under the seal of the department and signed by
24the director of the department.
25The bill requires the department to adopt rules to set
26the term of all licenses issued under Code chapter 103, as
27well as renewal fees. Under current law, most licenses under
28Code chapter 103 are valid for a term of three years, except
29that licenses for apprentice electricians and unclassified
30persons are valid for a term of one year. The bill also
31requires a licensee whose license has been revoked, suspended,
32or voluntarily surrendered to apply for reinstatement of the
33license. The changes to the term of licenses issued pursuant
34to Code chapter 103 apply to licenses issued on or after the
35effective date of the bill and on or after the date on which the
-74-1department adopts rules setting the term for licenses issued
2pursuant to Code chapter 103.
3The bill applies the inspection and enforcement provisions
4of Code chapter 103 to all new electrical installations for
5single-family residential applications, rather than only those
6requiring new electrical service equipment. The bill strikes
7a provision making the home address and telephone number of
8licensees in a database of persons licensed pursuant to Code
9chapter 103 confidential. The bill allows the director of the
10department or the administrative staff of the department to
11designate a hearing officer for appeals from among members of
12the electrical board or administrative law judges employed by
13the department.
14The bill changes the definition of “apprentice” under
15Code chapter 105 (plumbers, mechanical professionals, and
16contractors) to include a person participating in a training
17program registered by the IOA. The bill removes the director
18of health and human services or the director’s designee,
19and the commissioner of public safety or the commissioner’s
20designee, from the membership of the plumbing and mechanical
21systems board.
22The bill strikes a provision limiting the length of
23an application form to take an examination for a license
24issued pursuant to Code chapter 105. The bill also strikes
25a provision allowing the plumbing and mechanical systems
26board (plumbing board) to request a recent photograph of an
27applicant.
28The bill strikes a requirement that the plumbing
29board submit an annual report to the general assembly, an
30authorization for the board to charge a fee for a paper
31application, and a provision requiring licenses issued pursuant
32to Code chapter 105 to expire on the same date every third
33year. The bill strikes a provision making the home address
34and telephone number of licensees in a registry of persons
35licensed pursuant to Code chapter 105 confidential. The bill
-75-1requires a person licensed pursuant to Code chapter 105 to
2inform the department if the person changes residence or place
3of practice.
4Commencing January 1, 2027, the bill requires a person
5seeking a journeyperson license pursuant to Code chapter 105 to
6have four years of practical experience with an apprenticeship
7training program registered by the IOA. The bill strikes
8a requirement that the plumbing board establish a special,
9restricted license fee and instead allows the department to
10create a special, restricted license fee. The bill strikes a
11provision related to license applications submitted prior to
12July 1, 2017.
13The bill requires the department to adopt rules to set the
14term of all licenses issued under Code chapter 105, as well as
15renewal fees. The bill also requires a licensee whose license
16has been revoked, suspended, or voluntarily surrendered to
17apply for reinstatement of the license. The changes to the
18term of licenses issued pursuant to Code chapter 105 apply to
19licenses issued on or after the effective date of the bill
20and on or after the date on which the department adopts rules
21setting the term for licenses issued pursuant to Code chapter
22105.
23The bill adds accountants, architects, engineers and land
24surveyors, real estate brokers, real estate salespersons, real
25estate appraisers, landscape architects, and interior designers
26to Code Title IV (public health), subtitle 3 (health-related
27professions), by moving provisions formerly located in
28Code chapters regulating those professions, including those
29related to board composition and title protection. The bill
30makes conforming changes regarding the practice of persons
31licensed pursuant to an interstate licensure compact. The bill
32strikes a provision protecting a person from ineligibility
33for a license due to citizenship status. The bill requires
34every license to practice a profession to be in the form of
35a certificate issued by the department. The bill strikes a
-76-1provision requiring a board to keep the address of record
2of licensees available for public inspection and requires a
3licensee to inform the department of a change in the licensee’s
4address.
5The bill requires the department to adopt rules for the
6expiration, renewal, and reinstatement of all professional
7licenses, and makes conforming changes throughout the Code. A
8license shall not have a renewal interval of more than five
9years. The changes to the term of licenses issued pursuant
10to Code chapter 147 apply to licenses issued on or after the
11effective date of the bill, and on or after the date on which
12the department adopts rules setting the term for licenses
13issued pursuant to Code chapter 147.
14The bill allows a professional licensing board to issue a
15temporary license to practice a profession regulated by the
16board and allows each board to adopt rules for the issuance
17and revocation of a temporary license. The bill requires the
18department to set by rule the duration of a temporary license,
19not to exceed one year. The bill allows a person to renew
20a temporary license but prohibits a person from practicing
21under a temporary license for more than three years. The bill
22also allows a professional licensing board to grant a license,
23registration, or certification by reciprocity. The bill
24allows the director of the department to accept a voluntary
25surrender of a license if accompanied by a written statement
26of intention, which shall have the same force and effect as
27an order of revocation. The bill makes conforming changes
28throughout the Code.
29The bill changes the definition of a quorum for all
30professional licensing boards to be a majority of members who
31are currently serving.
32The bill allows the department to set fees related to the
33issuance and renewal of all professional licenses, and shall
34be deposited in the licensing and regulation fund, and the
35department shall annually review and adjust the fees. The bill
-77-1also allows the department to establish by rule the process for
2issuing reciprocal licenses. The bill requires professional
3boards to adopt rules necessary and proper to administer and
4interpret Code chapter 272C (regulation of licensed professions
5and occupations) and Code chapters 542 through 544C.
6The bill allows professional licensing boards to refer
7violations of Code Title IV (public health), subtitle 3
8(health-related professions), to the attorney general or
9relevant county attorney. Following an investigation, a board
10may refer a knowing violation to the attorney general of any
11state or any other appropriate law enforcement official.
12The bill allows a professional board to impose a penalty,
13injunction, restraining order, or conviction for a single
14violation of a law related to professional regulation without
15showing evidence of a general course of conduct. The bill
16requires the department to employ personnel to conduct
17inspections and investigations and allows the department to
18employ clerical assistants. The costs of employing personnel
19shall be paid from funds appropriated to the department. The
20bill grants investigators the powers and status of peace
21officers. The bill allows the board or department to issue a
22cease and desist order and impose a civil penalty not to exceed
23$1,000 on an unlicensed person acting in the capacity of a
24licensed profession.
25The bill allows the department to administratively close a
26complaint if the complaint does not allege harm to the public
27or is referred to another agency or law enforcement. The
28department may close an investigation if the alleged harm is
29not substantiated or does not merit discipline.
30The bill repeals a provision requiring the salary of the
31executive director of the board of medicine to be established
32by the governor with the approval of the executive council.
33The bill strikes a provision requiring the board of medicine
34to give priority to applications for licensure from applicants
35whose practice will primarily involve providing services to
-78-1underserved populations.
2The bill repeals sections from Code chapter 148 (medicine
3and surgery and osteopathic medicine and surgery) relating to
4the voluntary surrender, relinquishment, and reinstatement
5of a license, temporary licenses, voluntary agreements, and
6investigators. Similar provisions are added to Code chapter
7147 (general provisions, health-related professions).
8The bill requires an applicant for a license to practice as
9an occupational therapist to submit an application in a manner
10prescribed by the board of physical and occupational therapy
11rather than on a written form.
12The bill repeals a Code section requiring the appointment
13of an executive director to the board of nursing. The bill
14changes references in Code chapter 152 (nursing) to licensure
15by endorsement to instead reference reciprocal licenses.
16The bill strikes a transition provision for the unlicensed
17practice of athletic training that is no longer in effect.
18The bill strikes certain provisions related to the conduct
19of disciplinary proceedings conducted by the dental board.
20With respect to a temporary permit issued to a nonresident to
21practice speech pathology or audiology in this state, the bill
22strikes a reference to the permittee being qualified “in the
23opinion of the board”.
24The bill allows a person with a temporary permit to practice
25as a hearing aid specialist to practice under the supervision
26of an audiologist.
27The bill repeals a Code section allowing the board
28of pharmacy to implement a program to monitor impaired
29pharmacists, pharmacist-interns, and pharmacy technicians.
30The bill makes technical corrections regarding discipline
31against licensed funeral establishments.
32The bill strikes a provision making the publication of an
33unlawful announcement to the public regarding barbering and
34cosmetology arts and sciences a serious misdemeanor.
35The bill changes the terms “peer review”, “peer review
-79-1records”, “peer review reports”, and “peer review team”
2to “attest and compilation services review”, “attest
3and compilation review record”, “attest and compilation
4review report”, and “attest and compilation review team”,
5respectively, in Code chapter 542 (public accountants),
6and makes conforming changes. The bill strikes provisions
7regarding the composition and operation of the Iowa accountancy
8examining board (accountancy board) and instead requires the
9accountancy board to operate as provided in Code chapter 147.
10The bill also strikes provisions requiring the accountancy
11board to consider the nature of an offense when considering
12the denial or revocation of a certificate and controlling
13the circumstances under which a person who fails a licensure
14examination may retake the examination.
15The bill strikes a provision limiting the length of time that
16the accountancy board may suspend a license to two years. The
17bill also strikes a provision granting the accountancy board
18the ability to seek injunctions against unlawful actions and
19to issue subpoenas and compel the attendance and testimony of
20witnesses.
21The bill strikes and repeals provisions relating to the
22composition, operation, powers, and compensation of the
23engineering and land surveying examining board (surveying
24board). The bill also strikes a requirement that the
25department file a report with the secretary of the surveying
26board regarding the outcome of examinations administered by the
27board and allowing applicants to retake the examination.
28The bill strikes provisions related to the qualifications
29for licensure as a real estate broker or salesperson. The
30bill retains requirements that an applicant be at least 18
31years of age, complete educational and practical requirements,
32complete an educational course approved by the real estate
33commission, be subject to a national criminal history check,
34and pass an examination. The bill strikes a provision keeping
35the identity of persons taking an examination administered
-80-1by the real estate commission confidential, and provisions
2regarding options available to persons who fail an examination.
3The bill repeals Code sections allowing for the licensing
4of nonresidents. The bill strikes a provision requiring a
5licensee of the real estate commission to notify the commission
6when the licensee is convicted of a crime and requiring the
7commission to discipline the licensee. The bill also strikes
8provisions automatically suspending the license of any person
9granted a license by virtue of the person’s association with
10a broker whose license is revoked, and requiring a licensee’s
11license to be revoked following three violations of Code
12chapter 543B (real estate brokers and salespersons) within
13three years.
14The bill repeals a Code section requiring a person to
15show that the person is licensed as a real estate broker
16or salesperson in order to bring or maintain an action for
17the collection of compensation for the performance of those
18services. The bill also repeals a Code section requiring a
19licensee to notify the real estate commission of any change
20in location of the licensee’s principal place of business
21and requiring the commission to issue a new license for the
22unexpired term of the original license following the payment of
23a fee. The bill strikes provisions granting the real estate
24commission the power to investigate the actions of licensees
25and persons claiming to be licensees. However, the commission
26retains the power to assess civil penalties against licensees
27and persons claiming to be licensees. The bill repeals
28sections granting the real estate commission the power to
29convene hearings and relating to the operation of hearings.
30The bill transfers the authority to inspect real estate
31broker trust accounts from the real estate commission to the
32department. The bill repeals Code sections granting the
33commission the authority to seek injunctive relief, requiring
34the commission to meet as necessary and annually elect a
35chairperson, limiting the participation of public members, and
-81-1prohibiting the disclosure of confidential information. The
2bill allows hours of experience obtained in any other state to
3be used to complete the experience requirements for licensure
4as a real estate appraiser.
5The bill strikes provisions relating to the composition,
6activities, and regulation of members of the real estate
7appraiser examining board, as well as a provision allowing the
8board to seek injunctions and restraining orders.
9The bill strikes provisions relating to the composition
10of the architectural examining board (architect board) and
11allowing professional associations to recommend potential
12board members. The bill also strikes provisions requiring the
13architect board to keep public records relating to the issuance
14of licenses, requiring the board to hold examinations not
15less than annually, and prohibiting the board from requiring
16applicants to include a photograph of the applicant with the
17application for licensure. The bill strikes a provision
18making the unlawful practice of architecture a serious
19misdemeanor, as well as provisions limiting the participation
20of public members, prohibiting the disclosure of confidential
21information, and requiring the board to maintain a roster of
22licensees.
23The bill strikes provisions concealing the identity of
24persons taking an examination for licensure as a professional
25landscape architect, and dictating when a person who has failed
26the examination may request information about the examination.
27The bill also strikes Code sections setting procedures for
28the hearing of complaints by the landscape architect board,
29making the unlawful practice of landscape architecture a simple
30misdemeanor, and allowing the imposition of injunctions to
31restrain persons who violate Code chapter 544B (landscape
32architects).
33The bill strikes provisions relating to the composition of
34the interior design examining board and allowing professional
35associations to recommend potential board members. The bill
-82-1repeals a Code section allowing the interior design examining
2board to seek injunctions to enjoin violations of Code chapter
3544C (registered interior designers).
-83-ss/ko