Proposing rule making related to water permitting and providing an opportunity for public comment
The Environmental Protection Commission (Commission) hereby proposes to rescind Chapter 9, “Delegation of Construction Permitting Authority,” to adopt a new Chapter 9 with the same title, and to amend Chapter 50, “Scope of Division—Definitions—Forms—Rules of Practice,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 455B.105, 455B.173, and 455B.265.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 17A.3, 455B.105, 455B.171, 455B.172, 455B.173 to 455B.176, 455B.177 to 455B.183, 455B.184 to 455B.187, 455B.261, 455B.262, 455B.264, 455B.265, 455B.266 to 455B.274, and 455B.278.Purpose and Summary The proposed amendments conform the rules with 2019 Iowa Acts, Senate File 409, signed by Governor Reynolds on May 9, 2019. Proposed changes to Chapter 9 provide wastewater and water supply delegated construction permitting authority to rural water systems organized under Iowa Code chapter 357A or 504. The delegated authority is for the permitting of wastewater sewer extensions and water supply water main extensions. Chapter 9 has not been updated since 1985, and other rule making changes include updating forms, updating references to construction standards, and establishing criteria for rescission and revocation of delegated permitting authority. There are two proposed amendments to Chapter 50. The first amendment changes the Iowa Department of Natural Resources’ (Department’s) annual permit fee budgeting criteria to evaluate expenses in past and succeeding years. The second proposed amendment changes the requirement for a second public notice for water use permit issuance at community public water supplies, allowing for the use of alternate methods of publishing the notice.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department upon request. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on March 5, 2020. Comments should be directed to: Diane Moles Iowa Department of Natural Resources Wallace State Office Building 502 East 9th Street Des Moines, Iowa 50319 Fax: 515.725.8202 Email: diane.moles@dnr.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows. Upon arrival, attendees should proceed to the fourth floor to check in at the Department reception desk and be directed to the appropriate hearing location: March 4, 2020 10 to 11 a.m. DNR Conference Room 2N Wallace State Office Building Des Moines, Iowa Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Rescind 567—Chapter 9 and adopt the following new chapter in lieu thereof: CHAPTER 9DELEGATION OF CONSTRUCTION PERMITTING AUTHORITY567—9.1(455B) Scope. Iowa Code section 455B.183 delegates construction permitting authority over certain sewer and water main extensions to qualified local public works departments and rural water systems organized under Iowa Code chapter 357A or 504. This chapter describes the manner and criteria under which the department oversees this delegated authority.567—9.2(455B,17A) Forms. The following forms are to be used by the local public works department or rural water system implementing this authority:542-1001: Application for delegating permitting authority to local public works departments 542-1002: Statement of engineer’s qualifications542-1003: Review checklist for water main extensions at local public works departments 542-1004: Review checklist for sewer extensions542-1005: Quarterly report for permitting authority542-1057: Application for delegating permitting authority to rural water systems 542-1058: Review checklist for water main extensions at rural water systems567—9.3(455B) Procedures. A local public works department or rural water system incorporated under Iowa Code chapter 357A or 504 exercising permitting authority for sewer or water supply distribution system extensions under Iowa Code section 455B.183 shall notify the director in writing prior to the first permit issuance, using Form 542-1001 or 542-1057, as applicable, and 542-1002. Additional information may be requested by the director.567—9.4(455B) Criteria for permitting authority at local public works departments. The requirements for permitting authority at local public works departments are as follows: 9.4(1) Permitting authority under this rule applies only to extensions which: a. Primarily serve residential consumers and will not result in an increase greater than 5 percent of the capacity of the treatment works or system, or will serve fewer than 250 dwelling units. b. In the case of sewer extensions, will not exceed the capacity of any treatment works which received a federal or state monetary grant after 1972. c. In the case of water main extensions, will not exceed the production capacity of any system constructed after 1972. 9.4(2) The local public works department’s standard specifications must be in conformance with the Iowa Standards for Sewer Systems cited in 567—paragraph 64.2(9)“b,” or the water supply construction standards in rule 567—43.3(455B), and must be filed with and approved by the department. 9.4(3) The reviewing engineer shall be licensed as a professional engineer in Iowa and shall be employed by the local public works department. 9.4(4) When reviewing applications for sewer and water supply distribution system extensions under its jurisdiction, the local public works department shall use the Iowa Standards for Sewer Systems, the water supply construction standards in rule 567—43.3(455B), and the local standard specifications approved by the department. 9.4(5) The local public works department shall use Form 542-1003 or Form 542-1004, as applicable, when reviewing plans. Upon issuance of each permit, the local public works department shall submit to the department a copy of the permit and a copy of the form used during the review. 9.4(6) The local public works department shall submit to the department a complete quarterly report using Form 542-1005 by the fifteenth day of the month following each quarter of the calendar year. 9.4(7) Plans for which a construction permit has been issued shall be retained on file by the local public works department for the life of the extension or until the extension has been platted.567—9.5(455B) Criteria for permitting authority at rural water systems. The requirements for permitting authority at rural water systems incorporated under Iowa Code chapter 357A or 504 are as follows: 9.5(1) Permitting authority under this rule applies only to extensions which: a. Primarily serve residential consumers and will not result in an increase greater than 5 percent of the capacity of the treatment works or system, or will serve fewer than 250 dwelling units. b. In the case of sewer extensions, will not exceed the capacity of any treatment works which received a federal or state monetary grant after 1972. c. In the case of water main extensions, will not exceed the production capacity of any system constructed after 1972. 9.5(2) The rural water system’s standard specifications must be in conformance with the Iowa Standards for Sewer Systems cited in 567—paragraph 64.2(9)“b,” or the water supply construction standards in 567—43.3(455B), and must be filed with and approved by the department. The system’s hydraulic modeling must comply with the water supply distribution system standards pursuant to rule 567—43.3(455B). 9.5(3) The reviewing engineer shall be licensed as a professional engineer in Iowa and shall be employed or retained by the rural water system. 9.5(4) When reviewing applications for sewer and water supply distribution system extensions under its jurisdiction, the rural water system shall use the Iowa Standards for Sewer Systems, the water supply construction standards in rule 567—43.3(455B), and the local standard specifications approved by the department. 9.5(5) The rural water system shall use Form 542-1003 or Form 542-1058, as applicable, when reviewing plans. Upon issuance of each permit, the rural water system shall submit to the department a copy of the permit and a copy of the form used during the review. 9.5(6) The rural water system shall submit to the department a complete quarterly report using Form 542-1005 by the fifteenth day of the month following each quarter of the calendar year. 9.5(7) Plans for which a construction permit has been issued shall be retained on file by the rural water system for the life of the extension.567—9.6(455B) No variance allowed. No variance to the design standards is allowed under delegated permitting authority. If a variance to the design standards is needed, the local public works department or rural water system must apply to the department for an individual construction permit following the wastewater permit procedures in rule 567—60.4(455B) and rule 567—64.2(455B) and the water supply permit procedures in 567—subrule 40.4(1).567—9.7(455B) Criteria for rescission or revocation of delegated permitting authority. 9.7(1) The local public works department or rural water system may voluntarily request that its permitting authority be rescinded by submitting the request in writing to the director. 9.7(2) The director may suspend or revoke delegation of review and permit authority after notice and hearing as set forth in Iowa Code chapter 17A if the director determines that a public works department or rural water system with delegated permitting authority has approved extensions which do not comply with design criteria, which exceed the capacity of waste treatment plants or the production capacity of public water supply systems, or which otherwise violate state or federal requirements. These rules are intended to implement Iowa Code sections 17A.3, 455B.105 and 455B.171 to 455B.187. ITEM 2. Amend subparagraph 50.4(2)"b" as follows: (2) The annual fee shall be based on the costs for administering the water use permitting program for the previous calendar yearyears and on the budgetanticipated expenses for the nextsucceeding fiscal yearyears. The department will review the annual permit fee each year and adjust the fee as necessary to cover all reasonable costs required to develop and administer the water use permitting program. Permit holders that have paid an application fee after December 1, but prior to November 30, will not be required to pay an annual fee until December 1 of the following year. If an applicant remits an annual fee for the 12-month period beginning December 1 and then later submits an application fee for a permit modification, the applicant will be refunded the lesser of the fees. The department shall request commission approval of the amount of the annual fee no later than September 30 of each year. ITEM 3. Amend paragraph 50.7(3)"a" as follows: a. New permits and modifications of permits.(1) Applicable to all except community public water supplies. BeforePrior to the issuance of a permit to withdraw, divert or inject water, the department shall publisha notice of recommendation to grant a permit. The notice shall summarize the application and the recommendations in the summary report. The notice shall allow 20 days to request a copy of the summary report and submit comments on the report. The department may extend the comment period upon request for good cause. The notice shallmay be published in a newspaper circulated in the locality of the proposed water source, or the department may use other methods of publishing the notice to ensure adequate notice to the affected public. The notice shall be sent to any person who has requested a copy of the notice concerning the particular water use under consideration. (2) Applicable only to community public water supplies. Prior to the issuance of a permit to withdraw, divert or inject water to a community public water supply, the department shall publish a notice of recommendation to grant a permit. The notice shall allow 20 days to request a copy of the summary report and submit comments on the report. The department may extend the comment period upon request for good cause. The notice shall include a brief summary of the proposed permit and shall be published in a newspaper of general circulation within the county of the proposed water source as provided in Iowa Code section 618.3. If the newspaper of general circulation is not the newspaper of the nearest locality to the proposed water source that publishes a newspaper, the notice shall also be published in the newspaper of the nearest locality to the proposed water source that publishes a newspaper, and the department may charge the applicant for the expenses associated with publishing the notice in the second newspaper. The notice shall be sent to any person who has requested a copy of the notice concerning the particular water use under consideration.ARC 4912CHuman Services Department[441]Notice of Intended ActionProposing rule making related to removal of third-party administrator and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 86, “Healthy and Well Kids in Iowa (HAWK-I) Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapter 514I.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 514I.Purpose and Summary These proposed amendments implement 2019 Iowa Acts, House File 625, which removed the third-party administrator for HAWK-I from Iowa Code chapter 514I. References to the third-party administrator are proposed to be deleted from Chapter 86. The proposed rule making also amends references that are not referenced correctly in the rules.Fiscal Impact This rule making is expected to be budget-neutral. There will be savings associated with the HAWK-I third-party administrator contract that will shift to the Department to cover the cost of determining HAWK-I eligibility, payment of claims and administration of the program. Jobs Impact This rule making may result in loss of some jobs for the individuals working for the third-party administrator. Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 441—1.8(17A,217).Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on March 3, 2020. Comments should be directed to: Nancy Freudenberg Iowa Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend 441—Chapter 86, preamble, as follows: PreambleThese rules define and structure the department of human services healthy and well kids in Iowa (HAWK-I) program and establish requirements for the third-party administrator responsible for the program administration and for the participating health and dental plans that will be delivering services to the enrollees. The purpose of this program is to provide transitional health and dental care coverage to children who are ineligible for Title XIX (Medicaid) assistance as set forth in this chapter. This chapter shall be construed to comply with all requirements for federal funding under Title XXI of the Social Security Act or under the terms of any applicable waiver of Title XXI requirements granted by the Secretary of the U.S. Department of Health and Human Services. To the extent this chapter is inconsistent with any applicable federal funding requirement under Title XXI or the terms of any applicable waiver, the requirements of Title XXI or the terms of the waiver shall prevail. ITEM 2. Amend rule 441—86.1(514I), definitions of “Contract,” “Good cause,” “Health insurance coverage,” “Health Insurance Marketplace,” “Institution for mental diseases,” “Modified adjusted gross income,” “Nonmedical public institution” and “Third-party administrator,” as follows: "Contract" shall mean the contract between the department and the person or entity selected as the third-party administrator or the contract between the department and the participating health or dental plan for the provision of medical or dental services to HAWK-I enrollees for whom the participating health or dental plans assume risk. "Good cause" shall mean the family has demonstrated that one or more of the following conditions exist:- There was a serious illness or death of the enrollee or a member of the enrollee’s family.
- There was a family emergency or household disaster, such as a fire, flood, or tornado.
- There was a reason beyond the enrollee’s control.
- There was a failure to receive the third-party administrator’sdepartment’s request for a reason not attributable to the enrollee. Lack of a forwarding address is attributable to the enrollee.
- All medical and dental records of the enrollee shall be confidential and shall not be released without the written consent of the enrollee or responsible party.
- Written consent is not required for the transmission of medical or dental records information to physicians, dentists, other practitioners, or facilities that are providing services to enrollees under a subcontract with the health or dental plan. This provision also applies to specialty providers who are retained by the health or dental plan to provide services which are infrequently used, which provide a support system service to the operation of the health or dental plan, or which are of an unusual nature. This provision is also intended to waive the need for written consent for department staff and the third-party administrator assisting in the administration of the program, reviewers from the peer review organization (PRO), monitoring authorities from the Centers for Medicare and Medicaid Services (CMS), the health or dental plan itself, and other subcontractors which require information as described under numbered paragraph “5” below.
- Written consent is not required for the transmission of medical or dental records information to physicians, dentists, or facilities providing emergency care pursuant to paragraph 86.15(2)“b.”
- Written consent is required for the transmission of the medical or dental records information of a former enrollee to any physician or dentist not connected with the health or dental plan.
- The extent of medical or dental records information to be released in each instance shall be based upon a test of medical or dental necessity and a “need to know” on the part of the practitioner or a facility requesting the information.
- Medical and dental records maintained by subcontractors shall meet the requirements of this rule.
- Misfiled or lost form or document.
- Error in typing or copying.
- Computer input error.
- Mathematical error.
- Failure to determine eligibility correctly when all essential information was available to the department or the HAWK-I third-party administrator.
- Failure to request essential verification necessary to make an accurate eligibility determination.
- Failure to make timely revision in eligibility following a change in policy requiring application of the policy change as of a specific date.
- Failure to issue timely notice to cancel benefits that results in benefits continuing in error.
Proposing rule making related to personal degradation and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 176, “Dependent Adult Abuse,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 217.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 235B.Purpose and Summary Two pieces of legislation recently passed which resulted in these proposed rule changes. 2019 Iowa Acts, House File 569, added personal degradation as a category of dependent adult abuse. 2019 Iowa Acts, House File 323, changed the definition of exploitation within the definition of dependent adult abuse. The proposed amendments update the definition of exploitation and define personal degradation within the definition of adult abuse and set criteria for outcome determinations for dependent adult abuse evaluations conducted by the Department of Human Services to include references to personal degradation.Fiscal Impact Both legislative changes will result in Department computer system updates, and the new category of abuse will increase case counts and result in the need for additional Department staff. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on March 3, 2020. Comments should be directed to: Nancy Freudenberg Iowa Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend rule 441—176.1(235B), definition of “Adult abuse,” as follows: "Adult abuse" means either:- Any of the following as a result of the willful or negligent acts or omissions of a caretaker:
- Physical injury to, or injury which is at variance with the history given of the injury, or unreasonable confinement, unreasonable punishment, or assault of a dependent adult.
- The commission of a sexual offense under Iowa Code chapter 709 or Iowa Code section 726.2 with or against a dependent adult.
- Exploitation of a dependent adult, which means the act or process of taking unfair advantage of a dependent adult or the adult’s physical or financial resources for one’s own personal or pecuniary profit, without the informed consent of the dependent adult, including theft, by the use of undue influence, harassment, duress, deception, false representation, or false pretenses.
- The deprivation of the minimum food, shelter, clothing, supervision, physical or mental health care, and other care necessary to maintain a dependent adult’s life or health.
- Sexual exploitation of a dependent adult by a caretaker. “Sexual exploitation” means any consensual or nonconsensual sexual contact with a dependent adult which includes but is not limited to kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act, as defined in Iowa Code section 702.17. “Sexual exploitation” includes the transmission, display, taking of electronic images of the unclothed breast, groin, buttock, anus, pubes, or genitals of a dependent adult by a caretaker for a purpose not related to treatment or diagnosis or as part of an ongoing assessment, evaluation or investigation. “Sexual exploitation” does not include touching which is part of a necessary examination, treatment, or care by a caretaker acting within the scope of the practice or employment of the caretaker; the exchange of a brief touch between the dependent adult and a caretaker for the purpose of reassurance, comfort, or casual friendship; or touching between spouses.
- Personal degradation of a dependent adult, which means a willful act or statement by a caretaker intended to shame, degrade, humiliate, or otherwise harm the personal dignity of a dependent adult, or where the caretaker knew or reasonably should have known the act or statement would cause shame, degradation, humiliation, or harm to the personal dignity of a reasonable person.
- The deprivation of the minimum food, shelter, clothing, supervision, physical or mental health care, and other care necessary to maintain a dependent adult’s life or health as a result of the acts or omissions of the dependent adult.
Proposing rule making related to food and consumer safety and food establishment and food processing plant inspections and providing an opportunity for public comment
The Inspections and Appeals Department hereby proposes to amend Chapter 30, “Food and Consumer Safety,” and Chapter 31, “Food Establishment and Food Processing Plant Inspections,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 10A.104 and 137F.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 10A.104 and 137F.2 and 2019 Iowa Acts, Senate File 265.Purpose and Summary The proposed amendments update the reference to the adopted parts of the Code of Federal Regulations. Subrule 31.2(9) currently adopts the 2018 Code of Federal Regulations, and this rule making proposes to adopt the same sections of the 2019 Code of Federal Regulations. No substantive changes were made to the pertinent parts of the 2019 Code of Federal Regulations. The proposed amendments define “patrol dog” and “pet dog” and prescribe standards for permitting dogs on exterior premises of food establishments, including outdoor patio and outdoor dining areas. Finally, the proposed amendments implement additional changes made to Iowa Code chapter 137F resulting from the enactment of 2019 Iowa Acts, Senate File 265. The legislation requires the Department to adopt rules for the sale at a farmers market of culinary mushrooms commonly referred to as a variety of wild oyster. The Department is updating the rules it previously adopted by expressly referring to another variety of wild oyster mushroom, Pleurotus citrinopileatus. Prior to the publication of this Notice, the Department distributed for comment a draft of these proposed amendments to industry associations, local contracting health departments and food safety educators.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on March 3, 2020. Comments should be directed to: Ashleigh Hackel Iowa Department of Inspections and Appeals Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: ashleigh.hackel@dia.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Adopt the following new definitions of “Patrol dog” and “Pet dog” in rule 481—30.2(10A,137C,137D,137F): "Patrol dog" means a dog that is accompanying a law enforcement officer or security officer. "Pet dog" means a dog that does not meet the definition of a “patrol dog” or a “service animal” as defined in the Code of Federal Regulations, Title 28, Part 36. ITEM 2. Amend subrule 31.1(4) as follows: 31.1(4) Morel mushrooms and oyster mushrooms (Pleurotus citrinopileatus,Pleurotus ostreatus, Pleurotus populinus, or Pleurotus pulmonarious). Section 3-201.16, paragraph (A), is amended by adding the following:“A food establishment or farmers market time/temperature control for safety food licensee may serve or sell morel mushrooms or oyster mushrooms (a variety classified as Pleurotus citrinopileatus,Pleurotus ostreatus, Pleurotus populinus, or Pleurotus pulmonarious) if procured from an individual who has completed a wild-harvested mushroom identification expert course. Every morel mushroom or oyster mushroom shall be identified and found to be safe by a certified wild-harvested mushroom identification expert whose competence has been verified and approved by the department through the expert’s successful completion of a wild-harvested mushroom identification expert course provided by either an accredited college or university or a mycological society. The course may address identification of morel mushrooms, oyster mushrooms, or both. The certified wild-harvested mushroom identification expert shall personally inspect each mushroom and determine it to be a morel mushroom or an oyster mushroom. A wild-harvested mushroom identification expert course shall be at least two hours in length and include a visual identification exercise for each wild-harvested mushroom species that the individual will be certified to identify at the completion of the course. The individual’s certification of successful completion of the course must clearly indicate whether the certified wild-harvested mushroom identification expert is certified to identify morel mushrooms, oyster mushrooms, or both. “To maintain status as a wild-harvested mushroom identification expert, the individual shall have successfully completed a wild-harvested mushroom identification expert course described above within the past three years. A person who wishes to offer a wild-harvested mushroom identification expert course must submit the course curriculum to the department for review and approval. Food establishments or farmers market time/temperature control for safety food licensees offering morel mushrooms or oyster mushrooms shall maintain the following information for a period of 90 days from the date the morel mushrooms or oyster mushrooms were obtained:“1. The name, address, and telephone number of the wild-harvested mushroom identification expert;“2. A copy of the wild-harvested mushroom identification expert’s certificate of successful completion of the course, containing the date of completion; and“3. The quantity of morel mushrooms or oyster mushrooms purchased and the date(s) purchased.“Furthermore, a consumer advisory shall inform consumers by brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means that wild-harvested mushrooms should be thoroughly cooked and may cause allergic reactions or other effects.” ITEM 3. Renumber subrules 31.1(15) to 31.1(18) as 31.1(16) to 31.1(19). ITEM 4. Adopt the following new subrule 31.1(15): 31.1(15) Prohibiting animals. Section 6-501.115, paragraph (B), is amended by adding the following:“(6) Pet dogs may be allowed on exterior premises of a food establishment, including outdoor patio and outdoor dining areas, provided the food establishment meets all of the following requirements:“a. A separate entrance is present so that pet dogs do not enter the food establishment to access the outdoor area;“b. No food preparation is allowed in the outdoor area, including mixing or dispensing drinks and ice;“c. Customer multi-service or reusable utensils such as plates, silverware, glasses, and bowls are not stored, displayed, or pre-set in the outdoor area;“d. Food or water provided to pet dogs shall only be in single-use disposable containers;“e. Employees are prohibited from direct contact with pet dogs while on duty;“f. The outdoor area is maintained clean;“g. In cases where excrement or bodily fluids (urine, saliva, vomit, or the like) are deposited, an employee shall immediately ensure the area is cleaned and sanitized;“h. The outdoor area shall not be fully enclosed (an enclosed area is considered part of the interior of the facility);“i. Disruptive pet dogs must be controlled or removed from the premises;“j. Rules governing pet dogs shall be posted at each entrance of the food establishment and shall, at a minimum, contain the following: “i. Pet dogs shall be leashed at all times; “ii. Pet dogs shall not enter any interior area of the food establishment at any time; “iii. Pet dogs must be controlled at all times by the dog’s owner or designee; “iv. Pet dogs are not permitted on chairs, tables, benches or seats; and “v. Pet dog owners must immediately notify the food establishment’s staff in the event that excrement or bodily fluids (urine, saliva, vomit, or the like) are deposited.” ITEM 5. Amend subrule 31.2(9), introductory paragraph, as follows: 31.2(9) Adoption of Code of Federal Regulations. The following parts of the Code of Federal Regulations (April 1, 20182019) are adopted:ARC 4925CIowa Public Employees’ Retirement System[495]Notice of Intended ActionProposing rule making related to five-year review of rules and providing an opportunity for public comment
The Iowa Public Employees’ Retirement System (IPERS) hereby proposes to amend Chapter 4, “Employers,” Chapter 11, “Application for, Modification of, and Termination of Benefits,” Chapter 12, “Calculation of Monthly Retirement Benefits,” Chapter 13, “Disability for Regular and Special Service Members,” Chapter 14, “Death Benefits and Beneficiaries,” and Chapter 20, “Recognition of Agents,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 97B.4 and 97B.15.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 97B.Purpose and Summary This proposed rule making is intended to conform rules with other rules and statutes or rescind rules that are outdated, redundant or inconsistent, or no longer in effect to meet the requirements of the statutory five-year review of rules for Chapters 11 to 15; to implement contribution rates for employers and regular and special service members beginning July 1, 2020; to reflect an IRS requirement verifying citizenship status; to add further clarity as to when a member’s first month of entitlement begins; to indicate that subrule 12.1(6) (renumbered as 12.1(4) herein) applies only to regular class members; to change the yearly multiplier to a quarterly multiplier as is current IPERS practice; to remove outdated language regarding average covered wages and clarify the way in which a computed year of wages is calculated; to strike obsolete language and add necessary language regarding vesting by service; to clarify that annual certifications of disability benefits are not necessary after a member meets IPERS normal retirement age; to provide for the trial work period as allowed by federal disability benefits; to acknowledge and reflect the reality that multiple medical appointments may not be able to be scheduled consecutively the same day and written notice will be the primary communication of appointment notification; to amend language to reflect current practice regarding precertification of medical eligibility for disability; to further delineate the continued requirements for qualification for special service disability benefits; to emphasize that IPERS designation of beneficiary forms may be filed online through the IPERS website; and to preserve and clearly state that the member receives the higher of two preretirement death benefit calculations. In addition, this rule making is intended to clarify that when there is no proper or valid beneficiary to whom a death benefit is to be paid, beneficiaries will be paid via the intestacy law of the State of Iowa; and to address the proper role of social security representative payees. Fiscal Impact IPERS’ enabling legislation requires employer and employee contribution rates for each member class be updated every fiscal year. Jobs Impact After analysis and review of this rule making, IPERS believes the changes providing for the trial work period, as allowed by federal disability benefits, will positively impact disabled IPERS members returning to the workforce. Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition IPERS for a waiver of the discretionary provisions, if any. Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by IPERS no later than 4:30 p.m. on March 6, 2020. Comments should be directed to: Cheryl Vander Hart Iowa Public Employees’ Retirement System 7401 Register Drive Des Moines, Iowa 50321 Phone: 515.281.7623 Email: cheryl.vanderhart@ipers.orgPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: March 5, 2020 9 to 11 a.m. IPERS 7401 Register Drive Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact IPERS and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subrule 4.6(1) as follows: 4.6(1) Contribution rates for regular class members. a. The following contribution rates were established by the Iowa legislature for all regular class members for the indicated periods:Effective July 1, 2007Effective July 1, 2008Effective July 1, 2009Effective July 1, 2010Effective July 1, 2011Combined rate9.95%10.45%10.95%11.45%13.45% Employer6.05%6.35%6.65%6.95%8.07% Employee3.90%4.10%4.30%4.50%5.38% b. Effective July 1, 2012, and every year thereafter, the contribution rates for regular members shall be publicly declared by IPERS staff no later than the preceding December as determined by the annual valuation of the preceding fiscal year. The public declaration of contribution rates will be followed by rule making that will include a notice and comment period and that will become effective July 1 of the next fiscal year. Contribution rates for regular members are as follows.Effective July 1, 2015Effective July 1, 2016Effective July 1, 2017Effective July 1, 2018Effective July 1, 2019Effective July 1, 2020Combined rate14.88%14.88%14.88%15.73%15.73%15.73% Employer8.93%8.93%8.93%9.44%9.44%9.44% Employee5.95%5.95%5.95%6.29%6.29%6.29% ITEM 2. Amend subrule 4.6(2) as follows: 4.6(2) Contribution rates for sheriffs and deputy sheriffs are as follows.Effective July 1, 2015Effective July 1, 2016Effective July 1, 2017Effective July 1, 2018Effective July 1, 2019Effective July 1, 2020Combined rate19.76%19.26%18.76%19.52%19.02%18.52% Employer9.88%9.63%9.38%9.76%9.51%9.26% Employee9.88%9.63%9.38%9.76%9.51%9.26% ITEM 3. Amend subrule 4.6(3) as follows: 4.6(3) Contribution rates for protection occupations are as follows.Effective July 1, 2015Effective July 1, 2016Effective July 1, 2017Effective July 1, 2018 Effective July 1, 2019Effective July 1, 2020Combined rate16.40%16.40%16.40%17.02%16.52%16.02% Employer9.84%9.84%9.84%10.21%9.91%9.61% Employee6.56%6.56%6.56%6.81%6.61%6.41% ITEM 4. Adopt the following new paragraph 11.1(1)"g": g. An indication whether the member is a U.S. citizen, resident alien, or non-U.S. citizen. ITEM 5. Amend paragraph 11.2(4)"a" as follows: a. Notwithstanding the foregoing, IPERS shall commence payment of a member’s retirement benefit under Iowa Code sections 97B.49A to 97B.49I (under Option 2) no later than the “required beginning date” specified under Internal Revenue Code Section 401(a)(9), even if the member has not submitted the application for benefits. If the lump sum actuarial equivalent could have been elected by the member, payments shall be made in such a lump sum rather than as a monthly allowance. The “required beginning date” is defined as the later of: (1) April 1 of the year following the year that the member attains the age of 70½72, or (2) April 1 of the year following the year that the member actually terminates all employment with employers covered under Iowa Code chapter 97B. ITEM 6. Amend subrule 11.3(1) as follows: 11.3(1) General. A member shall submit a written application to IPERS setting forth the retirement date, provided the member has attained at least age 55 by the retirement date and the retirement date is after the member’s last day of service. A member’s first month of entitlement shall be no earlier than the first day of the first month after the member’s last day of servicedate of termination from employment or, if later, the month provided for under subrule 11.3(2). No payment shall be made for any month prior to the month the completed application for benefits is received by IPERS.If a member files a retirement application but fails to select a valid first month of entitlement, IPERS will select by default the earliest month possible. A member may appeal this default selection by sending written notice of the appeal postmarked on or before 30 days after a notice of the default selection was mailed to the member. Notice of the default selection is deemed sufficient if sent to the member at the member’s address. ITEM 7. Amend subrule 11.3(2) as follows: 11.3(2) Additional FME provisions. a. Effective through December 31, 1992, the first month of entitlement of a member who qualifies for retirement benefits is the first month following the member’s date of termination or last day of leave, with or without pay, whichever is later. b. Effective January 1, 1993, the first month of entitlement of an employee who qualifies for retirement benefits shall be the first month after the employee is paid the last paycheck, if paid more than one calendar month after termination. If the final paycheck is paid within the month after termination, the first month of entitlement shall be the month following termination.c. Effective January 1, 2001, employees of a school corporation who are permitted by the terms of their employment contracts to receive their annual salaries in monthly installments over periods ranging from 9 to 12 months may retire at the end of a school year and receive trailing wages through the end of the contract year if they have completely fulfilled their contract obligations at the time of retirement. For purposes of this paragraph, “school corporation” means body politic described in Iowa Code sections 260C.16 (community colleges), 273.2 (area education agencies) and 273.1 (K-12 public schools). For purposes of this paragraph, “trailing wages” means previously earned wage payments made to such employees of a school corporation after the first month of entitlement. This exception does not apply to hourly employees, including those who make arrangements with their employers to hold back hourly wages for payment at a later date, to employees who are placed on sick or disability leave or leave of absence, or to employees who receive lump sum leave, vacation leave, early retirement incentive pay or any other lump sum payments in installments.For all employees of all IPERS-covered employers who terminate employment in January 2003, or later, if the final paycheck is paid within the same quarter or within one quarter after termination and wages are reported under the normal pay schedule, the first month of entitlement shall be the month following termination. However, if the last paycheck is paid more than one quarter after the termination, the first month of entitlement shall be the first month after the employee is paid the last paycheck. Under no circumstances shall such trailing wages result in more than one quarter of service credit being added to retiring members’ earning records. ITEM 8. Amend subrule 11.5(1) as follows: 11.5(1) Bona fide retirement—general. To receive retirement benefits, a member under the age of 70 must officially leave employment with all IPERS-covered employers, give up all rights as an employee, and complete a period of bona fide retirement. A period of bona fide retirement means four or more consecutive calendar months for which the member qualifies for monthly retirement benefit payments. The qualification period begins with the member’s first month of entitlement for retirement benefits as approved by IPERS. A member may not return to covered employment before filing a completed application for benefits. Notwithstanding the foregoing, the continuation of group insurance coverage at employee rates for the remainder of the school year for a school employee who retires following completion of services by that individual shall not cause that person to be in violation of IPERS’ bona fide retirement requirements.A member will not be considered to have a bona fide retirement if the member is a school or university employee and returns to work with the employer after the normal summer vacation. In other positions, temporary or seasonal interruption of service which does not terminate the period of employment does not constitute a bona fide retirement. A member also will not be considered to have a bona fide retirement if the member has, prior to or during the member’s first month of entitlement, entered into verbal or written arrangements with the employermember’s former employer(s) to return to employment after the expiration of the four-month bona fide retirement period.Effective July 1, 1990, a school employee will not be considered terminated if, while performing the normal duties, the employee performs for the same employer additional duties which take the employee beyond the expected termination date for the normal duties. Only when all the employee’s compensated duties cease for that employer will that employee be considered terminated.The bona fide retirement period shall be waived for an elected official covered under Iowa Code section 97B.1A(8)“a”(1), and for a member of the general assembly covered under Iowa Code section 97B.1A(8)“a”(2), when the elected official or legislator notifies IPERS of the intent to terminate IPERS coverage for the elective office and, at the same time, terminates all other IPERS-covered employment prior to the issuance of the retirement benefit. Such an elected official or legislator may remain in the elective office and receive an IPERS retirement without violating IPERS’ bona fide retirement rules. If such elected official or legislator terminates coverage for the elective office and also terminates all other IPERS-covered employment but is then reemployed in covered employment, and has not received a retirement as of the date of hire, the retirement shall not be made. Furthermore, if such elected official or legislator is reemployed in covered employment, the election to revoke IPERS coverage for the elective position shall remain in effect, and the elected official or legislator shall not be eligible for new IPERS coverage for such elected position. The prior election to revoke IPERS coverage for the elected position shall also remain in effect if such elected official or legislator is reelected to the same position without an intervening term out of office. The bona fide retirement period will be waived if the member has been elected to public office which term begins during the normal four-month bona fide retirement period. This includes elected officials who shall be covered under this chapter as defined in Iowa Code section 97B.1A. This waiver does not apply if the member was an elected official who was reelected to the same position for another term.Effective July 1, 2000, a member does not have a bona fide retirement until all employment with covered employers, including employment which is not covered under this chapter, is terminated for at least one month, and the member does not return to covered employment for an additional three months. In order to receive retirement benefits, the member must file a completed application for benefits before returning to any employment with a covered employer.Effective July 1, 2018, a member will not have a bona fide retirement if the member enters into a verbal or written arrangement to perform duties for the member’s former employer(s) as an independent contractor prior to or during the member’s first month of entitlement or performs any duties for the member’s former employer(s) as an independent contractor prior to receiving four months of retirement benefits. ITEM 9. Rescind subrule 11.5(2). ITEM 10. Renumber subrules 11.5(3) to 11.5(5) as 11.5(2) to 11.5(4). ITEM 11. Amend renumbered subrule 11.5(2) as follows: 11.5(2) Bona fide refund. For a member to be eligible for a lump sum refund, the member must terminate the member’s covered employment andincur a bona fide separation from service and remain out of employment forat least 30 days with all covered employers. The 30-day bona fide refund period shall be waived for an elected official covered under Iowa Code section 97B.1A(8)“a”(1), and for a member of the general assembly covered under Iowa Code section 97B.1A(8)“a”(2), when the elected official or legislator notifies IPERS of the intent to terminate IPERS coverage for the elective office and, at the same time, terminates all other IPERS-covered employment prior to the issuance of the refund. Such an official may remain in the elective office and receive an IPERS refund without violating IPERS’ bona fide refund rules. If such elected official terminates coverage for the elective office and also terminates all other IPERS-covered employment but is then reemployed in covered employment, and has not received a refund as of the date of hire, the refund shall not be made. Furthermore, if such elected official is reemployed in covered employment, the election to revoke IPERS coverage for the elective position shall remain in effect, and the public official shall not be eligible for new IPERS coverage for such elected position.The prior election to revoke IPERS coverage for the elected position shall also remain in effect if such elected official is reelected to the same position without an intervening term out of office. The waiver granted in this subrule shall be applicable to such elected officials who were in violation of the prior bona fide refund rules on and after November 1, 2002, when such individuals have not repaid the previously invalid refund.If a member takes a refund in violation of the bona fide refund requirements of Iowa Code section 97B.53(4), the member may return the refund during the bona fide retirement period and restore the member’s account.If the repayment is not made, the member shall receive no credit for the period covered by the refund. At retirement, the member may purchase, at actuarial cost, the service credit covered by the refund. ITEM 12. Amend rule 495—11.7(97B) as follows:495—11.7(97B) Overpayment of IPERS benefits. 11.7(1) Overpayments—general. a. An “overpayment” means a payment of money by IPERS that results in a recipient receiving a higher payment than the recipient is entitled to under the provisions of Iowa Code chapter 97B. b. A “recipient” is a person or beneficiary, heir, assign, or other successor in interest who receives an overpayment from an IPERS benefit and is liable to repay the amount(s) upon receipt of a written explanation and request for the amounts to be repaid. c. If IPERS determines that the cost of recovering the amount of an overpayment is estimated to exceed the overpayment, the repayment may be deemed to be unrecoverable. d. If the overpayment is equal to or less than $50 and cannot be recovered from other IPERS payments, IPERS may limit its recovery efforts to written requests for repayment and other nonjudicial remedies. 11.7(2) Overpayment made to a retired member. A retired member shall receive written notice of overpayment, including the reason for the overpayment, the amount of the overpayment, and a limited opportunity to repay the overpayment in full without interest. If a retired member repays an overpayment in full within 30 days after the date of the notice, there will be no interest charge. A retired member may repay an overpayment out of pocket or direct IPERS to recover the overpayment from future retirement benefit payments, or a combination of both. If the retired member cannot repay an overpayment in full, either out of pocket or from the next monthly installment of retirement benefits, or both, interest shall be charged. A retired member who cannot repay the full amount of the overpayment within 30 days after the date of the notice must enter into an agreement with IPERS to make monthly installment payments, or to have the overpayment offset against future monthly benefit payments or death benefits, if any, and authorize any unpaid balance as a first priority claim in the recipient’s estate. 11.7(3) Overpayment made to a person other than a retired member. A recipient other than a retired member, except a recipient listed in subrule 11.7(4)11.5(2), shall receive written notice of overpayment, including the reason for the overpayment, the amount of the overpayment, and the opportunity to repay the overpayment in full without interest. If such a recipient repays an overpayment in full within 30 days after the date of the notice, there will be no interest charge. If such a recipient cannot repay an overpayment in full within 30 days after the date of the notice, interest shall be charged. If repayment in full cannot be made within 30 days, such a recipient shall make repayment arrangements subject to IPERS’ approval within 30 days of the written notice and request for repayment.If the overpayment recipient cannot be located to receive notice of the overpayment at the recipient’s last-known address, IPERS shall, after trying to locate the person, consider the recipient to have waived entitlement to the quarters covered by the refund. 11.7(4) Overpayment made to a person who violates a bona fide severance period. If a recipient takes a refund and does not complete the required period of severance, the recipient shall receive a written notice of overpayment, including the reason for the overpayment, the amount of the overpayment, and the opportunity to repay the overpayment in full without interest. The recipient shall have 30 days after the date of notice to repay the full amount of the refund without interest. If the repayment is not made within 30 days after the date of notice, the person shall receive no credit for the period of employment covered by the refund and shall be required to buy back the refund at its actuarial cost if the member later decides that the member wants service credit for any portion of the period of employment covered by the refund. 11.(5) 11.7(4) Interest charges. a. Overpayment not fraudulent.If the overpayment of benefits, other than an overpayment that results from a violation described in subrule 11.7(4)11.5(2), was not the result of wrongdoing, negligence, misrepresentation, or omission of the recipient, the recipient is liable to pay interest charges at the rate of 5 percent, or the rate IPERS determines, on the outstanding balance, beginning 30 days after the date of notice of the overpayment(s) is provided by IPERS. b. Overpayments in violation of Iowa Code section 97B.40 or 715A.8.If the overpayment of benefits, other than an overpayment that results from a violation described in subrule 11.7(4)11.5(2), was the result of wrongdoing, negligence, misrepresentation, or omission of the recipient, the recipient is liable to pay interest charges at the rate of 7 percent on the outstanding balance, beginning on the date of the overpayment(s). c. Overpayments that result in a judgment.In addition to other remedies, IPERS may file a civil action to recover overpayments, and the interest rate may be set by the court. 11.(6) 11.7(5) Recovery of overpayment from a deceased recipient. If a recipient dies prior to the full repayment of an erroneous overpayment of benefits, IPERS shall be entitled to apply to the estate of the deceased to recover the remaining balance. 11.(7) 11.7(6) Offsets against amounts payable. IPERS may, in addition to other remedies and after notice to the recipient, request an offset against amounts owing to the recipient by the state according to the offset procedures pursuant to Iowa Code sections 8A.504 and 421.17. 11.(8) 11.7(7) Rights of appeal. A recipient who is notified of an overpayment and required to make repayments under this rule may appeal IPERS’ determination in writing to the CEO or CEO’s designee. The written request must explain the basis of the appeal and must be received by IPERS’ office within 30 days of overpayment notice pursuant to 495—Chapter 26. 11.(9) 11.7(8) Release of overpayment. IPERS may release a recipient from liability to repay an overpayment, in whole or in part, if IPERS determines that the receipt of overpayment is not the fault of the recipient, and that it would be contrary to equity and good conscience to collect the overpayment. No release of an individual recipient’s obligation to repay an overpayment shall stand as precedent for release of another recipient’s obligation to repay an overpayment. ITEM 13. Amend subrule 12.1(2), catchwords, as follows: 12.1(2) Reduction for early retirementfor regular class members. ITEM 14. Amend subrule 12.1(3), catchwords, as follows: 12.1(3) Early retirement datefor regular class members. ITEM 15. Rescind subrules 12.1(4) and 12.1(5). ITEM 16. Renumber subrules 12.1(6) and 12.1(7) as 12.1(4) and 12.1(5). ITEM 17. Amend renumbered subrule 12.1(4) as follows: 12.1(4) Benefit formulas for members retiring on or after July 1, 19942012. a. For each active member retiring on or after July 1, 19942012, with four or more complete years ofwho is vested by service, the monthly benefit will be equal to one-twelfth of an amount equal to 60 percent of the three-yearfinal average covered wage multiplied by a fraction of years of service. b. For all active and inactive vested members, the monthly retirement allowance shall be determined on the basis of the formula in effect on the date of the member’s retirement. If the member takes early retirement, the benefit shall be adjusted as provided in subrule 12.1(2). c. Effective July 1, 1996, through June 30, 1998, inIn addition to the 60 percent multiplier identified above,regular class members who retire with years of service in excess of their “applicable years”30 years shall have the percentage multiplier increased by 1.25 percent for eachquarter of a year in excess of their “applicable years,”30, not to exceed an increase of 5 percent. For regular members, “applicable years” means 30 years; for protection occupation members, “applicable years” means 25 years; for sheriffs, deputy sheriffs, and airport firefighters, “applicable years” means 22 years. d. In addition to the 60 percent multiplier identified above, protection occupation members, sheriffs, and deputy sheriffs who retire with years of service in excess of 22 years shall have the percentage multiplier increased by .375 percent for each quarter of a year in excess of 22, not to exceed an increase of 12 percent. d. Effective July 1, 1998, sheriffs, deputy sheriffs, and airport firefighters who retire with years of service in excess of their applicable years shall have their percentage multiplier increased by 1.5 percent for each year in excess of their applicable years, not to exceed an increase of 12 percent. e. Effective July 1, 2000, the “applicable years” and increases in the percentage multiplier for years in excess of the applicable years for protection occupation members shall be determined under Iowa Code section 97B.49B(1), as set forth in paragraph “f” below. f. For special service members covered under Iowa Code section 97B.49B, the applicable percentage and applicable years for members retiring on or after July 1, 2000, shall be determined as follows: (1) For each member retiring on or after July 1, 2000, and before July 1, 2001, 60 percent plus, if applicable, an additional .25 percent for each additional quarter of eligible service beyond 24 years of service (the “applicable years”), not to exceed 6 additional percentage points; (2) For each member retiring on or after July 1, 2001, and before July 1, 2002, 60 percent plus, if applicable, .25 percent for each additional quarter of eligible service beyond 23 years of service (the “applicable years”), not to exceed a total of 7 additional percentage points; (3) For each member retiring on or after July 1, 2002, and before July 1, 2003, 60 percent plus, if applicable, .25 percent for each additional quarter of eligible service beyond 22 years of service (the “applicable years”), not to exceed a total of 8 additional percentage points; (4) For each member retiring on or after July 1, 2003, 60 percent plus, if applicable, an additional .375 percent for each additional quarter of eligible service beyond 22 years of service (the “applicable years”), not to exceed a total of 12 additional percentage points. (5) e. Regular service does not count as “eligible service” in determining a special service member’s applicable percentage. ITEM 18. Amend renumbered subrule 12.1(5) as follows: 12.1(5) Average covered wagesfor special service members and for wages of regular class members prior to July 2012. a. “Three-year average covered wage” means a member’s covered calendar year wages averaged for the highest three years of the member’s service. However, if a member’s final quarter of a year of employment does not occur at the end of a calendar year,for the member’s final year of wages, IPERS may determine the wages for the third year by computing the final quarter or quarters of wages to complete the year.The computed year will be created when the final quarter or quarters reported are combined with a computed average quarter to complete the last year. The value of this average quarter will be computed by selecting the highest covered wage year not used in the computation of the three high years and dividing the covered salary by four quarters. This value will be combined with the final quarter or quarters to complete a full calendar year. If the member’s final quarter of wages will reduce the three-year average covered wage, it can be dropped from the computation. However, if the covered wages for that quarter are dropped, the service credit for that quarter will be forfeited as well. If the final quarter is the first quarter of a calendar year, those wages must be used in order to give the member a computed year. The computed year wages shall not exceed theInternal Revenue Service maximum covered wage in effect for that calendar year. Furthermore, for members whose first month of entitlement is January of 1999 or later, the computed year shall not exceed the member’s highest actual calendar year of covered wages by more than 3 percent. Effective July 1, 2007, a member’s high three-year average wage shall be the greater of (1) the member’s high three-year average covered wage based on covered wages reported through June 30, 2007; or (2) the member’s high three-year average covered wage after application of the antispiking control as described in paragraph “c”“b” below.For members whose first month of entitlement is January 1995 or later, a full third year will be created when the final quarter or quarters reported are combined with a computed average quarter to complete the last year. The value of this average quarter will be computed by selecting the highest covered wage year not used in the computation of the three high years and dividing the covered salary by four quarters. This value will be combined with the final quarter or quarters to complete a full calendar year. If the member’s final quarter of wages will reduce the three-year average covered wage, it can be dropped from the computation. However, if the covered wages for that quarter are dropped, the service credit for that quarter will be forfeited as well. If the final quarter is the first quarter of a calendar year, those wages must be used in order to give the member a computed year. The three-year average covered wage cannot exceed the highest maximum covered wages in effect during the member’s service.If the three-year average covered wage of a member who retires on or after January 1, 1997, and before January 1, 2002, exceeds the limits set forth in paragraph “b” below, the longer period specified in paragraph “b” shall be substituted for the three-year averaging period described above. No quarters from the longer averaging period described in paragraph “b” shall be combined with the final quarter or quarters to complete the last year. b. For the persons retiring during the period beginning January 1, 1997, and ending December 31, 2001, the three-year average covered wage shall be computed as follows: (1) For a member who retires during the calendar year beginning January 1, 1997, and whose three-year average covered wage at the time of retirement exceeds $48,000, the member’s covered wages averaged for the highest four years of the member’s service or $48,000, whichever is greater. (2) For a member who retires during the calendar year beginning January 1, 1998, and whose three-year average covered wage at the time of retirement exceeds $52,000, the member’s covered wages averaged for the highest five years of the member’s service or $52,000, whichever is greater. (3) For a member who retires during the calendar year beginning January 1, 1999, and whose three-year average covered wage at the time of retirement exceeds $55,000, the member’s covered wages averaged for the highest six years of the member’s service or $55,000, whichever is greater. (4) For a member who retires on or after January 1, 2000, but before January 1, 2001, and whose three-year average covered wage at the time of retirement exceeds $65,000, the member’s covered wages averaged for the highest six years of the member’s service or $65,000, whichever is greater. For the calendar year beginning January 1, 2001, the six-year wage averaging trigger shall be increased to $75,000. (5) Effective January 1, 2002, the computation of average covered wages shall be as provided in paragraph 12.1(7)“a.”For purposes of paragraph 12.1(7)“b,” the highest years of the member’s service shall be determined using calendar years and may be determined using one computed year. The computed year shall be calculated in the manner and subject to the restrictions provided in paragraph 12.1(7)“a.” c. b. Antispiking limit on the growth of a member’s high three-year average. (1) Selection of the control year shall give highest priority to calendar years of wages in which there are four quarters of service credit for wages on file not used in the high three-year average wage calculation. For example, if the member receives $20,000 of wages for a calendar year with four quarters of service credit for wages, and the member also has received $30,000 of wages for a calendar year with three quarters of service credit for wages, the control year selection process shall give preference to the calendar year with $20,000 of reported wages. (2) If there is a calendar year of covered wages outside the high three-year average wage calculation that has four quarters, but the covered wages for that year are less than the covered wages for the fourth highest calendar year of covered wages, and that fourth highest calendar year of covered wages does not have four quarters of service credit for wages, the control year will be the lowest of the high three calendar years of wages with service credits for wages in all four quarters being used in the high three-year average wage calculation. (3) “Service credit for wages” means service credit recorded for:- Quarters in which the member receives covered wages from covered employment.
- Quarters in which the member is credited with covered wages due to a military leave.
- Quarters in which the member would have had covered wages but for the application of the IRS covered wage limitations.
- Quarters in which an employee of a nine-month institution receives service credit for a qualifying leave of absence under 495—subrule 7.1(2).
- Quarters in which a legislator, legislative employee, or elected official receives service credit for employment.
Proposing rule making related to update of rules and providing an opportunity for public comment
The Labor Commissioner hereby proposes to amend Chapter 1, “Description of Organization and Procedures Before the Division,” Chapter 4, “Recording and Reporting Occupational Injuries and Illnesses,” Chapter 32, “Child Labor,” Chapter 38, “Employment Agency Licensing,” Chapter 61, “Administration of Iowa Code Chapter 88A,” Chapter 150, “Construction Contractor Registration,” Chapter 155, “Asbestos Removal and Encapsulation,” Chapter 156, “Bidder Preferences in Government Contracting,” and Chapter 177, “Mixed Martial Arts,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 88.5, 88A.3, 88B.3, 90A.7, 91.6, 91C.6, 92.8 and 94A.5.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 88, 88A, 88B, 90A, 91, 91C, 92 and 94A.Purpose and Summary The proposed items remove obsolete references; update addresses; amend language concerning hazardous occupations for youth; allow year-round amusement operators to apply for their annual permits in November; require amusement permit applications to be submitted 30 days, rather than 14 days, in advance; align rules with statutory language; facilitate the use of hoods for asbestos abatement workers; and amend the definitions of “construction” and “mixed martial arts.”Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commissioner for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 1. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Commissioner no later than 4:30 p.m. on March 4, 2020. Comments should be directed to: Kathleen Uehling Division of Labor Services 150 Des Moines Street Des Moines, Iowa 50309 Email: kathleen.uehling@iwd.iowa.govPublic Hearing If requested, a public hearing at which persons may present their views orally or in writing will be held as follows: March 4, 2020 9 a.m. 150 Des Moines Street Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Commissioner and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subrule 1.3(2) as follows: 1.3(2) Correspondence and payments may be mailed to Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319. The telephone number for the division is (515)242-5870. The division’s office is located at 150 Des Moines Street, Des Moines, Iowa50309. The division’s website is www.iowadivisionoflabor.gov. ITEM 2. Amend rule 875—1.15(22,91) as follows:875—1.15(22,91) Procedure by which additions, dissents, or objections may be entered into certain records. Except as otherwise provided by law, a person may have a written statement of additions, dissents, or objections entered into a record containing personally identifiable information pertaining to that person. However, this does not authorize a person who is a subject of a record to alter the original copy or to expand the official record of any division proceeding. Written statements of additions, dissents, or objections shall be sent to the custodian or to the Labor Commissioner, 1000 E. Grand Avenue150 Des Moines Street, Des Moines, Iowa 5031950309. Written statements of additions, dissents, or objections must be dated and signed and shall include the current address and telephone number of the requester or the requester’s representative. ITEM 3. Amend subrule 1.41(1) as follows: 1.41(1) General. When requested by a person, either prior to the adoption of a rule or within 30 days after its publication in the Iowa Administrative Bulletin as an adopted rule, the division will issue a concise statement of reasons for the rule. Requests for such a statement must be in writing and be delivered to the Division of Labor Services, Division Rules Coordinator, 1000 East Grand150 Des Moines Street, Des Moines, Iowa 5031950309. The request should indicate whether the statement is sought for all or only a specified part of the rule. Requests will be considered made on the date received. ITEM 4. Amend subrule 1.43(4) as follows: 1.43(4) Written criticisms. Written criticisms of a rule may be mailed to Division of Labor Services, Division Rules Coordinator, 1000 East Grand Avenue150 Des Moines Street, Des Moines, Iowa 5031950309. To constitute a criticism of a rule, the criticism must be in writing, state it is a criticism of a specific rule, state the rule number, and provide reasons for criticism of the rule. All written rule criticisms received will be kept for a period of five years. ITEM 5. Amend subrule 1.52(3), introductory paragraph, as follows: 1.52(3) A petition for intervention shall be mailed to Division of Labor Services, 1000 East Grand Avenue150 Des Moines Street, Des Moines, Iowa 5031950309. The petition is deemed filed when it is received by that office. The division will provide the petitioner with a file-stamped copy of the petition for intervention if the petitioner provides an extra copy for this purpose. A petition for intervention must be legible and must substantially conform to the following form: ITEM 6. Amend rule 875—1.54(17A) as follows:875—1.54(17A) Inquiries. Inquiries concerning the status of a declaratory order proceeding may be mailed to Division of Labor Services, 1000 East Grand Avenue150 Des Moines Street, Des Moines, Iowa 5031950309. ITEM 7. Amend subrule 1.55(2) as follows: 1.55(2) Filing—when required. All petitions for declaratory orders, petitions for intervention, briefs, or other papers in a proceeding for a declaratory order shall be filed with the Declaratory Orders Coordinator, Division of Labor Services, 1000 East Grand Avenue150 Des Moines Street, Des Moines, Iowa 5031950309. All petitions, briefs, or other papers that are required to be served upon a party shall be filed simultaneously with the division. ITEM 8. Amend subrule 1.75(4) as follows: 1.75(4) When filing is required. After the notice of hearing, all pleadings, motions, documents or other papers in a contested case proceeding shall be mailed to the division at 1000 East Grand Avenue150 Des Moines Street, Des Moines, Iowa 5031950309. All pleadings, motions, documents or other papers that are required to be served upon a party shall be filed simultaneously with the division. ITEM 9. Amend subrule 1.75(6) as follows: 1.75(6) Proof of mailing. Proof of mailing includes either: a legible United States Postal Service postmark on the envelope, a certificate of service, a notarized affidavit, or a certification in substantially the following form: I certify under penalty of perjury and pursuant to the laws of Iowa that, on (date of mailing), I mailed copies of (describe document) addressed to the Division of Labor Services, 1000 East Grand Avenue150 Des Moines Street, Des Moines, Iowa 5031950309, and to the names and addresses of the parties listed below by depositing the same in (state: a United States post office mailbox with correct postage properly affixed, state interoffice mail, courier).(Date)(Signature) ITEM 10. Amend rule 875—1.102(17A,91), introductory paragraph, as follows:875—1.102(17A,91) Petitions. If the petition for waiver or variance relates to a pending contested case, the petition shall be filed in the contested case proceeding. Other petitions must be mailed to Labor Commissioner, Division of Labor Services, 1000 East Grand Avenue150 Des Moines Street, Des Moines, Iowa 5031950309. In either case, the petition shall include the following information where applicable: ITEM 11. Amend paragraph 4.3(2)"c" as follows: c. Visiting 1000 E. Grand Avenue150 Des Moines Street, Des Moines, Iowa. ITEM 12. Amend subrule 32.8(21) as follows: 32.8(21) Occupations deemed by the labor commissioner to be hazardous to life or limb as provided by Iowa Code section 92.8(21)Hazardous occupations prohibited by the labor commissioner include the following: a. Occupations involved in the operation of power cutters on corn detasseling machines. b. Occupations involved in the driving of power-driven detasseling machines provided thatunless the driver has a valid driver’s license or a certificate issued by the Federal Extension Service showing that the driver has completed a 4-H farm and machinery program. This subrule is intended to implement Iowa Code section 92.8(21). ITEM 13. Amend subrule 38.2(1) as follows: 38.2(1) Application. An application for a license must be made in writing to the commissioner upon Form PEA-1(309-6164)on the form provided by the commissioner. The application formapplicant shall be accompanied by two copies ofalso complete and submit the employee-paid fee schedule Form PEA-2(309-6164)form provided by the commissioner; $75 nonrefundable fee; and all contract forms to be signed by an employee. The application shall also be accompanied by a surety company bond in the sum of $30,000, to be approved by the commissioner and conditioned to pay any damages that may accrue to any person due to a wrongful act or violation of law on the part of the applicant in the conduct of business. ITEM 14. Amend subrule 38.2(3) as follows: 38.2(3) Change in officers. A change in the name of any person required to be reported on the application under Iowa Code Supplement chapter 94A shall be forwarded to the commissioner within ten days of the change. ITEM 15. Amend paragraph 38.8(2)"c" as follows: c. All contracts and fee schedules must clearly state that the agency is licensed by the labor commissioner and that inquiries may be made via mail to the Division of Labor Services, 1000 East Grand Avenue150 Des Moines Street, Des Moines, Iowa 5031950309, or by telephone to (515)242-5870. ITEM 16. Amend 875—Chapter 38, implementation sentence, as follows: These rules are intended to implement Iowa Code Supplement chapter 94A. ITEM 17. Amend subrule 61.3(1) as follows: 61.3(1) Operating permit. No later than May 1 and at least 1430 days before operation begins each calendar year, the operator of covered equipment shall apply to the commissioner for an operating permit.Applications may be submitted in November for continuous operations. Application shall be made on a form provided by the commissioner. Each of the following shall be submitted with the completed operating permit application: a. The applicable fee; b. A certificate of insurance issued by an insurance company authorized to do business in Iowa. The certificate of insurance shall: (1) Certify a policy in the minimum amount of $1 million for bodily injury, death, or property damage in any one occurrence; (2) List the specific pieces of equipment that are covered and, if applicable, those that are not covered; and (3) Include “Division of Labor Services—Amusements” as a certificate holder; c. The operator’s itinerary identifying the covered equipment to be operated and the dates and locations where each will be operated; d. General design criteria, safety factors, materials utilized, and stress analysis unless the amusement ride or amusement device was granted an Iowa amusement inspection sticker during the previous calendar year; e. Certification of compliance with applicable training and maintenance requirements; f. With an application submitted after May 1, proof that the applicant could not have reasonably complied with the May 1 deadline and proof that the application was filed immediately after need for the permit was known; g. Separately for each bungee jump: (1) A site operating manual; (2) A report which is prepared and sealed by a professional engineer who is licensed in Iowa and which certifies that the design and construction of the equipment and structure are suitable for the intended use and conform to Iowa law, recognized engineering practices, procedures, standards and specifications; (3) Site plan drawings depicting the preparation area, the jump space, the landing area, the recovery area and other features to be included in the approved operating site; (4) Specifications of equipment and structures; and (5) Depictions of the location, specifications, dimensions, and type of air bag, pool or body of water where the jumper will land. ITEM 18. Amend rule 875—150.2(91C), definition of “Construction,” as follows: "Construction" means new work, additions, alterations, reconstruction, installations, repairs and demolitions. Construction activities are generally administered or managed from a relatively fixed place of business, but the actual construction work is performed at one or more different sites which may be dispersed geographically. Examples of construction activities, adopted by reference, are in 871—23.82(96) for purposes of the Iowa employment security law. For work on structures that are both located in an area that is subject to a disaster emergency proclamation pursuant to Iowa Code section 29C.6 and damaged by circumstances related to those that caused the disaster emergency proclamation, “construction” includes asbestos abatement. ITEM 19. Amend subrule 155.6(1) as follows: 155.6(1) Application form. Except as noted in this subrule, the applicant must complete and submit the entire form provided by the division with the necessary attachments. Respirator fit tests and medical examinations must have occurred within the past 12 months. Only worker and contractor/supervisor license applicants must submit the respirator fit testrespiratory protection and physician’s certification forms. Photocopies of the forms shall not be accepted. ITEM 20. Amend subrule 155.6(2) as follows: 155.6(2) Training. A certificate of appropriate training from a course provider approved for asbestos trainingas established by the U.S. Environmental Protection Agency must accompany all applications. Applicants for a license must be trained by training providers other than themselves. Applicants who completed initial training under a prior set of applicable rules will not be required to take another initial training course if they complete all annual refresher courses. ITEM 21. Amend subparagraph 155.6(11)"a" as follows: (1) A copy of a certificate for training that was provided within the past 12 months by a course provider approvedas established by the U.S. Environmental Protection Agency and that pertains to the work being performed; ITEM 22. Amend subparagraph 155.6(11)"a" as follows: (3) DocumentationFor a worker wearing or intending to wear a tight-fitting respirator, documentation of a respirator fit test consistent with 29 CFR 1910.134 within the past 12 months; ITEM 23. Amend subparagraph 155.6(11)"b" as follows: (1) A copy of a certificate for training by a course provider approvedas established by the U.S. Environmental Protection Agency and that pertains to the work being performed; ITEM 24. Amend subrule 156.4(1) as follows: 156.4(1) Complaints. Any person with information regarding a violation of the Act may submit a written complaint to the commissioner. Any complaint must provide the information required pursuant to subrule 156.4(2) or as much of such information as is reasonably practicable under the circumstances. The completed written complaint form shall be mailed to the commissioner at Labor Services Division, 1000 East Grand Avenue150 Des Moines Street, Des Moines, Iowa 5031950309. ITEM 25. Amend rule 875—177.1(90A), introductory paragraph, as follows:875—177.1(90A) Definitions. The definitions contained in Iowa Code chapter 90Aas amended by 2010 Iowa Acts, Senate File 2286, and the definitions in this rule shall apply to this chapter. ITEM 26. Amend rule 875—177.1(90A), definition of “Mixed martial arts,” as follows: "Mixed martial arts" means a style of athletic contest that includes a combination of combative skills from the sports of boxing, wrestling, kickboxing and judodifferent disciplines of the martial arts, including, without limitation, grappling, kicking and striking.ARC 4918CNatural Resource Commission[571]Notice of Intended ActionProposing rule making related to “no anchoring” and “no boating” zoned areas on Rathbun Lake and providing an opportunity for public comment
The Natural Resource Commission (Commission) hereby proposes to amend Chapter 40, “Boating Speed and Distance Zoning,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 462A.26 and 462A.32.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 462A.26 and 462A.32.Purpose and Summary The proposed amendments create new subrules allowing for the designation of “no anchoring” and “no boating” zoned areas on Rathbun Lake, which is located primarily in Appanoose County. Such zoned areas could be designated at locations where these activities would pose a risk to human safety or threaten to damage property. Current rules allow for zoned areas on Rathbun Lake that restrict the speed of watercraft and designate swimming and wading areas.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department of Natural Resources (Department) upon request. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers This rule is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on March 3, 2020. Comments should be directed to: Deborah Vitko Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Fax: 515.725.8201 Email: deborah.vitko@dnr.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows. Upon arrival, attendees should proceed to the fourth floor to check in at the Department reception desk and be directed to the appropriate hearing location: March 3, 2020 12 noon to 1 p.m. Conference Room 3 East and West Wallace State Office Building Des Moines, Iowa Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Adopt the following new subrule 40.5(3): 40.5(3) Areas may be designated as “no anchoring” areas. ITEM 2. Adopt the following new subrule 40.5(4): 40.5(4) Areas may be designated as “no boating” areas.ARC 4924CNatural Resource Commission[571]Notice of Intended ActionProposing rule making related to virtual fishing tournaments and providing an opportunity for public comment
The Natural Resource Commission (Commission) hereby proposes to amend Chapter 44, “Special Events and Fireworks Displays,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 455A.5(6), 462A.16 and 481A.39.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 455A.5(6), 462A.16 and 481A.39.Purpose and Summary This proposed rule making would expand the existing definition of “fishing tournament” found in rule 571—44.2(321G,321I,461A,462A,481A) by adding language to include virtual fishing tournaments, also known as “catch-photo-release” tournaments. Virtual fishing tournaments are increasing in popularity; however, there is no allowance for these events within the current rules. The proposed amendments are necessary because Iowa Code section 462A.16 requires that all tournaments be authorized by the Commission. The proposed rule making also adds definitions of “aggregated virtual fishing tournament” and “distributed virtual fishing tournament.” An aggregated virtual tournament is similar to a traditional fishing tournament in which participants gather at one location to fish, except that it does not have a weigh-in at the end of the day because all fish are immediately measured, photographed, and released. A distributed virtual tournament, usually organized as an online contest, occurs on multiple bodies of water and can last for weeks or months. This type of tournament has a minimal impact on natural resources and fish populations, and the Commission wishes to encourage the growth of these events in Iowa. The proposed rule making allows distributed virtual tournaments to occur at more than one location and last longer than the currently established nine-day period for a single special event. In addition, the proposed amendments exempt both types of virtual fishing tournaments from paying the special event permit application fee.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department of Natural Resources (Department) upon request.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers This rule is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4 p.m. on March 5, 2020. Comments should be directed to: Joe Larscheid Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Fax: 515.725.8201 Email: fisheries@dnr.iowa.govPublic Hearing Five public hearings at which persons may present their views orally or in writing will be held as follows: March 5, 2020 12 noon to 2 p.m. Wallace State Office Building Conference Room 4 East Des Moines, Iowa March 5, 2020 12 noon to 2 p.m. Spirit Lake Hatchery Conference Room 122 252nd Avenue Spirit Lake, Iowa March 5, 2020 12 noon to 2 p.m. Cold Springs District Office Conference Room 57744 Lewis Road Lewis, Iowa March 5, 2020 12 noon to 2 p.m. Lake Darling District Office Conference Room 110 Lake Darling Road Brighton, Iowa March 5, 2020 12 noon to 2 p.m. Manchester Hatchery Conference Room 22693 205th Avenue Manchester, Iowa Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend rule 571—44.2(321G,321I,461A,462A,481A), definition of “Fishing tournament,” as follows: "Fishing tournament" means any organized fishing event, except for department-sponsored fishing events held for educational purposes, involving any of the following: (1) six or more boats or 12 or more participants, except for waters of the Mississippi River, where the number of boats shall be 20 or more and the number of participants shall be 40 or more; (2) an entry fee is charged; or (3) prizes or other inducements are awarded.Additionally, a “virtual fishing tournament,” also known as a “catch-photo-release” tournament, is a fishing tournament where fish are not possessed (i.e., not placed in a live well) by the angler but instead are photographed and released upon catching. An “aggregated virtual fishing tournament” occurs when all participants are present on one body of water simultaneously. A “distributed virtual fishing tournament” occurs when participants are present on two or more bodies of water. Additionally, only five or fewer participants may be present on any one body of water simultaneously, and the tournament may occur over an extended time frame. For purposes of this chapter, “fishing tournament” is included in the definition of “special event” unless otherwise specified. ITEM 2. Amend subrule 44.5(4) as follows: 44.5(4) One application form may be submitted for all events of the same type being held at the same location within a nine-day period and will be processed as a single application.A distributed virtual fishing tournament may extend beyond the nine-day period and need not be at a single location. ITEM 3. Amend rule 571—44.8(321G,321I,461A,462A,481A) as follows:571—44.8(321G,321I,461A,462A,481A) Fees and exceptions. The administrative fee for processing each special event application is $25. In the case of field and retriever meets and trials, the fee for processing each special event application is $2. The fees are nonrefundable.The department shall waive the administrative fee for processing special event applications for sailing schools; accredited postsecondary institutions and programs; private and public primary and secondary schools; all department-approved watercraft education courses, ATV education courses, and snowmobile education courses; fishing clinics; friends groups; and department-sponsored youth fishing days; and virtual fishing tournaments.ARC 4920CNatural Resource Commission[571]Notice of Intended ActionProposing rule making related to the application of chemicals to public waters and providing an opportunity for public comment
The Natural Resource Commission (Commission) hereby proposes to amend Chapter 54, “Restrictions on Introduction and Removal of Plant Life,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 455A.5(6) and chapters 461A and 462A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 455A, 461A and 462A.Purpose and Summary This proposed rule making would allow cities and counties to apply chemicals to public waters, as defined by rule 571—13.3(455A,461A), for the removal of aquatic plants for navigational and recreational purposes. This application would be subject to a permit issued by the Department of Natural Resources (Department) and a Department-approved vegetation management plan. Currently, only Department staff may apply chemicals for plant control for navigational or recreational purposes. An already-available alternative is for the Department to apply chemicals under an agreement with a city or county. The city or county then reimburses the Department for the cost incurred. If the proposed rule making were implemented, the cost to the Department would be the cost of having existing staff process city and county permit applications. This cost would be much less than the cost if the Department continued to delegate staff to apply chemicals and entered into and managed written agreements with cities and counties.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department upon request. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers This rule is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4 p.m. on March 5, 2020. Comments should be directed to: Joe Larscheid Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Fax: 515.725.8201 Email: fisheries@dnr.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: March 5, 2020 12 noon to 2 p.m. Wallace State Office Building Conference Room 4 East Des Moines, Iowa March 5, 2020 12 noon to 2 p.m. Cold Springs District Office Conference Room 57744 Lewis Road Lewis, Iowa March 5, 2020 12 noon to 2 p.m. Spirit Lake Hatchery Conference Room 122 252nd Avenue Spirit Lake, Iowa March 5, 2020 12 noon to 2 p.m. Manchester Hatchery Conference Room 22693 205th Avenue Manchester, Iowa March 5, 2020 12 noon to 2 p.m. Lake Darling District Office Conference Room 110 Lake Darling Road Brighton, Iowa Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Amend subrule 54.5(1) as follows: 54.5(1) Permits. a. The department may issue permits for the introduction and removal of aquatic plants in public waters. To be considered for a permit under this rule, applicants shall use the department’s application form for sovereign lands construction permits, as described in rule 571—13.9(455A,461A,462A), and shall complete all relevant information on that application form. Applicants shall also provide any additional information as may be necessary, as described in rule 571—13.10(455A,461A). The term of the permit shall be stated in the permit. Permits are nontransferable and shall be subject to reevaluation upon expiration. Permits may be issued for between one and five years. b. Cities and counties in Iowa may use chemicals, including pesticides and herbicides, to remove aquatic vegetation from water intake structures. However, such cities and counties shall be required to obtain a permit under this rule, and rules in 567—Chapter 66, as may be required, for such activities. c. Cities and counties in Iowa may use chemicals, including pesticides and herbicides, to remove aquatic vegetation for certain recreation and navigation purposes, including boating, fishing, and swimming. However, such cities and counties shall be required to obtain a permit under this rule, and 567—Chapter 66 as may be required, for such activities. Additionally, all such use of chemicals shall be conducted by a certified aquatic applicator and shall be subject to the terms of a vegetation management plan approved by the director. Issuance of such permits and approval of a vegetation management plan shall be at the sole discretion of the department.ARC 4922CNatural Resource Commission[571]Notice of Intended ActionProposing rule making related to fishing regulations and providing an opportunity for public comment
The Natural Resource Commission (Commission) hereby proposes to amend Chapter 81, “Fishing Regulations,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 481A.38.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 481A.38.Purpose and Summary This proposed rule making would standardize the methods used for establishing length limits and other fishing regulations that are specific to a site (waterbody) and would extend the Missouri River/Big Sioux River paddlefish season by three days. Currently, site-specific regulations exist as administrative rules within Chapter 81. This proposed rule making would allow the Department of Natural Resources (Department) to make changes to site-specific regulations, or implement new regulations, by posting such regulations on signage at the relevant waterbodies. The Department already uses onsite signage to alert anglers to various regulations, and this method is highly successful and well-accepted by the state’s anglers. The proposed changes are explained individually and in greater detail below. Subrule 81.2(2) prescribes length limits and catch and release regulations for black bass. The proposed changes to this subrule would simplify how the various length limits are listed in the rule and would allow the Department greater flexibility in managing bass populations by designating site-specific restrictions via posting signage at the respective waterbodies. The alternative is to conduct rule making every time the Department determines that a length limit or other similar restriction at a specific waterbody should be changed. This is unnecessarily burdensome. The practice of posting length limits and catch and release requirements at waterbodies is already widespread, effective, and accepted by anglers. Subrule 81.2(3) provides daily bag limits, possession limits, and length limits for walleye. Paragraph 81.2(3)“b” currently allows the Department to establish site-specific walleye regulations by posting signage at the waterbody. When paragraph 81.2(3)“b” was adopted in 2014, allowing for this method of implementing new regulations, the existing site-specific regulations for walleye in the Mississippi River were inadvertently left in the rules in paragraph 81.2(3)“c.” The proposed change to subrule 81.2(3) removes the Mississippi River-specific regulations by deleting paragraph 81.2(3)“c,” at which point the existing provision in paragraph 81.2(3)“b,” allowing for regulation adoption via signage, would apply to the Mississippi River. This change would allow the Department to more efficiently institute management regulations (length limits, etc.) for walleye on the Mississippi River and would bring statewide consistency to how walleye regulations are implemented. Subrule 81.2(4) provides various regulations applicable to the paddlefish season on the Missouri River and Big Sioux River. This rule making proposes to amend subparagraph 81.2(4)“b”(1) by changing “February 4” to “February 1.” This change would provide three additional days for anglers to harvest paddlefish, without negatively impacting the population. Subrule 81.2(5) currently provides various regulations applicable to trout fishing. The subrule’s single paragraph covers multiple species of trout, streams, length limits, and tackle limitations. This rule making proposes to greatly simplify this subrule by striking the paragraph and replacing it with new provisions that (1) would allow the Department to post via signage seasons, bag or possession limits, length limits, catch and release regulations, and tackle regulations specific to a waterbody at that waterbody and (2) would provide a simplified list of standard trout regulations applicable to all waterbodies that do not have posted regulations.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department upon request.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers This rule is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4 p.m. on March 5, 2020. Comments should be directed to: Joe Larscheid Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Fax: 515.725.8201 Email: fisheries@dnr.iowa.govPublic Hearing Five public hearings at which persons may present their views orally or in writing will be held as follows: March 5, 2020 12 noon to 2 p.m. Wallace State Office Building Conference Room 4E Des Moines, Iowa March 5, 2020 12 noon to 2 p.m. Spirit Lake Hatchery Conference Room 122 252nd Avenue Spirit Lake, Iowa March 5, 2020 12 noon to 2 p.m. Cold Springs District Office Conference Room 57744 Lewis Road Lewis, Iowa March 5, 2020 12 noon to 2 p.m. Manchester Hatchery Conference Room 22693 205th Avenue Manchester, Iowa March 5, 2020 12 noon to 2 p.m. Lake Darling District Office Conference Room 110 Lake Darling Road Brighton, Iowa Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend a hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subrule 81.2(2) as follows: 81.2(2) Black bass.The department may post season, bag or possession limits, length limits, and catch and release regulations specific to a body of water at that body of water. For bodies of water without posted regulations, the following regulations apply to black bass: a. A 15-inch minimum length limit shall apply on black bass in all public lakes except as otherwise posted. On federal flood control reservoirs, a 15-inch minimum length limit shall apply on black bass at Coralville, Rathbun, Saylorville, and Red Rock. All black bass caught from Lake Wapello, Davis County, and Brown’s Lake, Jackson County, must be immediately released alive. b. A 12-inch minimum length limit shall apply on black bass in all interior streams, river impoundments, and the Missouri River including chutes and backwaters of the Missouri River where intermittent or constant flow from the river occurs. c. A 14-inch minimum length limit shall apply to the Mississippi River including chutes and backwaters where intermittent or constant flow from the river occurs. All black bass caught from the following stream segments must be immediately released alive:- Middle Raccoon River, Guthrie County, extending downstream from below Lennon Mills Dam at Panora as posted to the dam at Redfield.
- Maquoketa River, Delaware County, extending downstream from below Lake Delhi Dam as posted to the first county gravel road bridge.
- Cedar River, Mitchell County, extending downstream from below the Otranto Dam as posted to the bridge on County Road T26 south of St. Ansgar.
- Upper Iowa River, Winneshiek County, extending downstream from the Fifth Street bridge in Decorah as posted to the Upper Dam.
Proposing rule making related to waterfowl hunting seasons and zones and providing an opportunity for public comment
The Natural Resource Commission (Commission) hereby proposes to amend Chapter 91, “Waterfowl and Coot Hunting Seasons,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 455A.5(6), 481A.38, 481A.39 and 481A.48.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 481A.48.Purpose and Summary Chapter 91 contains the regulations for hunting waterfowl and coot, and includes season dates, bag limits, possession limits, shooting hours, and areas open to hunting. The proposed amendments modify the waterfowl hunting zones and adjust the season dates to comply with what the Commission anticipates the 2021-2026 federal regulations will be after having met with the United States Fish and Wildlife Service (USFWS) in August 2019 at the Mississippi Flyway Council and reviewing the preliminary proposed regulations contained in the Federal Register (preliminary proposed in 84 Fed. Reg. 199, 55120-55129 (Oct. 15, 2019)). More specifically, the season structure that the Department of Natural Resources (Department) is proposing uses the maximum number of days provided by the USFWS. These days are distributed across a wide range of season dates based on a waterfowl migration survey that the Department conducts each fall, an analysis of hunter participation and hunter satisfaction, and a 2019 waterfowl hunter opinion survey. Season dates differ between waterfowl hunting zones and allow for a period of rest before the regular duck seasons and the youth waterfowl hunting season. Hunter surveys and comments show a wide range of preferences; therefore, the season structure offers a wide range of dates in an attempt to accommodate all hunting preferences. The boundary modifications to the waterfowl hunting zones extend later season dates across southern Iowa in response to hunter interest, while maintaining early and mid-season hunting opportunities, particularly in central and northern Iowa. The extension of the light goose conservation order is in response to hunter requests regarding the effect of particularly harsh weather during the spring of 2018, which precluded widespread hunting of light geese in northern Iowa until late April of that year.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department upon request. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers This rule is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on March 3, 2020. Comments should be directed to: Orrin Jones Department of Natural Resources 1203 North Shore Drive Clear Lake, Iowa 50428 Fax: 641.357.5523 Email: orrin.jones@dnr.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows. Upon arrival, attendees should proceed to the fourth floor to check in at the Department reception desk and be directed to the appropriate hearing location: March 3, 2020 12 noon to 1 p.m. Conference Room 5 East Wallace State Office Building 502 East Ninth Street Des Moines, Iowa Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subrules 91.1(1) to 91.1(5) as follows: .(1) Zone boundaries. The following zone boundaries apply in the time frames noted: a. TheFor the 2020-2021 season, the north duck hunting zone is that part of Iowa north of a line beginning on the South Dakota-Iowa border at Interstate 29, southeast along Interstate 29 to State Highway 175, east to State Highway 37, southeast to State Highway 183, northeast to State Highway 141, east to U.S. Highway 30, and along U.S. Highway 30 to the Iowa-Illinois border. The Missouri River duck hunting zone is that part of Iowa west of Interstate 29 and south to the Iowa-Missouri border. The south duck hunting zone is the remainder of the state. b. For the fall 2021 through spring 2026 seasons, the north duck hunting zone is that part of Iowa north of a line beginning on the South Dakota-Iowa border at Interstate 29, southeast along Interstate 29 to State Highway 20 to the Iowa-Illinois border. The south duck hunting zone is that part of Iowa west of Interstate 29 and south of State Highway 92 east to the Iowa-Illinois border. The central duck hunting zone is the remainder of the state. .(2) Season dates - north zone. a. For the 2020-2021 season.Special September teal season: September 1 through September 16. For all ducks: The first segment of the season will begin on the last Saturday in September and run for 7 days. The second segment of the season will open on the second Saturday in October and continue for 53 consecutive days. b. For the fall 2021 through spring 2026 seasons. Special September teal season: September 1 through September 16. For all ducks: The first segment of the season will begin on the Saturday nearest September 30 and run for 7 days. The second segment of the season will open on the Saturday nearest October 13 and continue for 53 consecutive days. .(3) Season dates - southzone/central zone. a. For the 2020-2021 season - south zone.Special September teal season: September 1 through September 16. For all ducks: The first segment of the season will beginon the first Saturday in October and run for 7 days. The second segment of the season will open on the third Saturday in October and continue for 53 consecutive days. b. For the fall 2021 through spring 2026 seasons - central zone. Special September teal season: September 1 through September 16. For all ducks: The first segment of the season will begin on the Saturday nearest October 6 and run for 7 days. The second segment of the season will open on the Saturday nearest October 20 and continue for 53 consecutive days. .(4) Season dates - Missouri Riverzone/south zone. a. For the 2020-2021 season - Missouri River zone.Special September teal season: September 1 through September 16. For all ducks: The first segment of the season will beginon the second Saturday in October and run for 7 days. The second segment of the season will openon the fourth Saturday in October and continue for 53 consecutive days. b. For the fall 2021 through spring 2026 seasons - south zone. Special September teal season: September 1 through September 16. For all ducks: The first segment of the season will begin on the Saturday nearest October 13 and run for 7 days. The second segment of the season will open on the Saturday nearest October 27 and continue for 53 consecutive days. .(5) Bag limit. Bag limitsfor all species other than scaup are as adopted by the U.S. Fish and Wildlife Service and published in the Federal Register.The daily bag limit for scaup will be 1 for the first 15 days of the duck hunting season and 2 for the remaining 45 days. ITEM 2. Amend subrules 91.3(1) to 91.3(4) as follows: .(1) Zone boundaries. The following zone boundaries apply in the time frames noted: a. TheFor the 2020-2021 season, the north goose hunting zone is that part of Iowa north of a line beginning on the South Dakota-Iowa border at Interstate 29, southeast along Interstate 29 to State Highway 175, east to State Highway 37, southeast to State Highway 183, northeast to State Highway 141, east to U.S. Highway 30, and along U.S. Highway 30 to the Iowa-Illinois border. The Missouri River goose hunting zone is that part of Iowa west of Interstate 29 and south to the Iowa-Missouri border. The south goose hunting zone is the remainder of the state. b. Effective fall 2021 through spring 2026, the north goose hunting zone is that part of Iowa north of a line beginning on the South Dakota-Iowa border at Interstate 29, southeast along Interstate 29 to State Highway 20 to the Iowa-Illinois border. The south duck hunting zone is that part of Iowa west of Interstate 29 and south of State Highway 92 east to the Iowa-Illinois border. The central duck hunting zone is the remainder of the state. .(2) Season dates - north zone. a. For the 2020-2021 season. For all geese: The first segment of the regular goose season will beginon the second-to-last Saturday of September and run for a 16-day period. The second segment of the goose season will openon the second Saturday in October and continue for 53 consecutive days. The goose season will then close for a 10-day period and shall then reopen on the following Saturday and remain continuously open until the total number of days used for goose hunting reaches 107. b. For the fall 2021 through spring 2026 seasons. For all geese: The first segment of the regular goose season will begin on the Saturday nearest September 23 and run for a 16-day period. The second segment of the goose season will open on the Saturday nearest October 13 and continue for 53 consecutive days. The goose season will reopen on the Saturday nearest December 13 and remain continuously open until the total number of days used for goose hunting reaches 107. .(3) Season dates - southzone/central zone. a. For the 2020-2021 season - south zone. For all geese: The first segment of the regular goose season will beginon the last Saturday of September and run for a 16-day period. The second segment of the goose season will openon the third Saturday in October and continue for 53 consecutive days. The goose season will then close for a 10-day period and shall then reopen on the following Saturday and remain continuously open until the total number of days used for goose hunting reaches 107. b. For the fall 2021 through spring 2026 seasons - central zone. For all geese: The first segment of the regular goose season will begin on the Saturday nearest September 30 and run for a 16-day period. The second segment of the goose season will open on the Saturday nearest October 20 and continue for 53 consecutive days. The goose season will reopen on the Saturday nearest December 20 and remain continuously open until the total number of days used for goose hunting reaches 107. .(4) Season dates - Missouri Riverzone/south zone. a. For the 2020-2021 season - Missouri River zone. For all geese: The first segment of the regular goose season will beginon the first Saturday of October and run for a 16-day period. The second segment of the goose season will openon the fourth Saturday in October and continue for 53 consecutive days. The goose season will then close for a 10-day period and shall then reopen on the following Saturday and remain continuously open until the total number of days used for goose hunting reaches 107. b. For the fall 2021 through spring 2026 seasons - south zone. For all geese: The first segment of the regular goose season will begin on the Saturday nearest October 6 and run for a 16-day period. The second segment of the goose season will open on the Saturday nearest October 27 and continue for 53 consecutive days. The goose season will reopen on the Saturday nearest December 27 and remain continuously open until the total number of days used for goose hunting reaches 107. ITEM 3. Amend subrule 91.3(8), introductory paragraph, as follows: 91.3(8) Light goose conservation order season. Only light geese (white and blue-phase snow geese and Ross’ geese) may be taken under a conservation order from the U.S. Fish and Wildlife Service beginning the day after the regular goose season closes and continuing until April 15May 1.ARC 4921CNatural Resource Commission[571]Notice of Intended ActionProposing rule making related to restitution for pollution causing injury to wild animals and providing an opportunity for public comment
The Natural Resource Commission (Commission) hereby proposes to amend Chapter 113, “Restitution for Pollution Causing Injury to Wild Animals,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 455A.5(6) and 481A.151.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 455A.5(6) and 481A.151.Purpose and Summary Iowa Code section 481A.151 authorizes the Commission to adopt rules incorporating the methods and values published by the American Fisheries Society (AFS) for use by the Department of Natural Resources (Department) when conducting fish kill counts and assessing restitution for damages to the state’s natural resources and wildlife. The Commission has done so in Chapter 113. The proposed amendment would update the definition of “AFS” in 571—113.2(481A) by changing “Special Publication 30” to “Special Publication 35.” Special Publication 35 is the most current version of the AFS publication regarding fish and freshwater mollusk counting methods and restitution valuation. The alternative of not adopting the newest version of the AFS publication would require the Department to use a document that is no longer considered the best available publication for these purposes.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department upon request. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers This rule is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Commission no later than 4:30 p.m. on March 5, 2020. Comments should be directed to: Joe Larscheid Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Fax: 515.725.8201 Email: fisheries@dnr.iowa.govPublic Hearing Five public hearings at which persons may present their views orally or in writing will be held as follows: March 5, 2020 12 noon to 2 p.m. Wallace State Office Building Conference Room 4E Des Moines, Iowa March 5, 2020 12 noon to 2 p.m. Spirit Lake Hatchery Conference Room 122 252nd Avenue Spirit Lake, Iowa March 5, 2020 12 noon to 2 p.m. Cold Springs District Office Conference Room 57744 Lewis Road Lewis, Iowa March 5, 2020 12 noon to 2 p.m. Manchester Hatchery Conference Room 22693 205th Avenue Manchester, Iowa March 5, 2020 12 noon to 2 p.m. Lake Darling District Office Conference Room 110 Lake Darling Road Brighton, Iowa Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend a hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Amend rule 571—113.2(481A), definition of “AFS,” as follows: "AFS" means the Special Publication 3035, “Investigation and Monetary Values of Fish and Freshwater MusselMollusk Kills,” published by the American Fisheries Society.ARC 4917CProfessional Licensure Division[645]Notice of Intended ActionProposing rule making related to licensure reactivation and providing an opportunity for public comment
The Board of Physical and Occupational Therapy hereby proposes to amend Chapter 200, “Licensure of Physical Therapists and Physical Therapist Assistants,” and Chapter 206, “Licensure of Occupational Therapists and Occupational Therapy Assistants,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 147.76 and 272C.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 148A and 148B.Purpose and Summary This proposed rule making amends the Board’s requirements for license reactivation by accepting verification from another state or jurisdiction that shows two years of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction preceding application for reactivation in lieu of completing continuing education. Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on March 4, 2020. Comments should be directed to: Venus A. Vendoures Walsh Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: venus.vendoures-walsh@idph.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: March 4, 2020 9:30 to 10 a.m. Fifth Floor Conference Room 526 Lucas State Office Building Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subrule 200.15(3) as follows: 200.15(3) Provide verification of current competence to practice physical therapy by satisfying one of the following criteria: a. If the license has been on inactive status for five years or less, an applicant must provide the following: (1) Verification of the license(s) from every jurisdiction in which the applicant is or has been licensed and is or has been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:- Licensee’s name;
- Date of initial licensure;
- Current licensure status; and
- Any disciplinary action taken against the license; and
- Licensee’s name;
- Date of initial licensure;
- Current licensure status; and
- Any disciplinary action taken against the license; and
- Licensee’s name;
- Date of initial licensure;
- Current licensure status; and
- Any disciplinary action taken against the license; and
- Licensee’s name;
- Date of initial licensure;
- Current licensure status; and
- Any disciplinary action taken against the license; and
Proposing rule making related to child abuse and dependent adult abuse identification and reporting training and providing an opportunity for public comment
The Board of Speech Pathology and Audiology hereby proposes to amend Chapter 300, “Licensure of Speech Pathologists and Audiologists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 272C.2, 232.69(3)“e” and 235B.16(5)“f.”State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 232.69 and 235B.16.Purpose and Summary 2019 Iowa Acts, House File 731, amended Iowa Code sections 232.69 and 235B.16, which govern mandatory training in child and dependent adult abuse identification and reporting for certain professionals. This proposed rule making amends the Board’s requirements for mandatory training in child and dependent adult abuse identification and reporting to reflect the statutory changes and requires that licensees who must report child or dependent adult abuse comply with the requirements for training every three years, as provided in the amended Iowa Code sections 232.69 and 235B.16. This proposed rule making also updates subrule 300.11(4) to correct a reference to a rescinded chapter.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on March 3, 2020. Comments should be directed to: Venus A. Vendoures Walsh Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: venus.vendoures-walsh@idph.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: March 4, 2020 9 to 9:30 a.m. Fifth Floor Board Conference Room 526 Lucas State Office Building Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Amend subrule 300.11(4) as follows: 300.11(4) Mandatory reporter training requirements. a. A licensee who, in the scope of professional practice or in the licensee’s employment responsibilities, examines, attends, counsels or treats children in Iowa shall indicate on the renewal application completion of two hours of training in child abuse identification and reportingas required by Iowa Code section 232.69(3)“b” in the previous fivethree years or condition(s) for waiver of this requirementsrequirement as identified in paragraph “f.”300.11(4)“e.” b. A licensee who, in the course of employment, examines, attends, counsels or treats adults in Iowa shall indicate on the renewal application completion of two hours of training in dependent adult abuse identification and reportingas required by Iowa Code section 235B.16(5)“b” in the previous fivethree years or condition(s) for waiver of this requirement as identified in paragraph “f.”300.11(4)“e.” c. A licensee who, in the scope of professional practice or in the course of employment, examines, attends, counsels or treats both adults and children in Iowa shall indicate on the renewal application completion of training in abuse identification and reporting for dependent adults and children in the previous five years or condition(s) for waiver of this requirement as identified in paragraph “f.” d. c. Training may be completed through separate courses as identified in paragraphs “a” and “b” or in one combined two-hour course that includes curricula for identifying and reporting child abuse and dependent adult abuse. The coursecourse(s) shall be athe curriculum approvedprovided by the Iowa department of public health abuse education review panelhuman services. e. d. The licensee shall maintain written documentation for fivethree years after mandatory training as identified in paragraphs “a” to “c,”300.11(4)“a” and “b,” including program date(s), content, duration, and proof of participation. f. e. The requirement for mandatory training for identifying and reporting child and dependent adult abuse shall be suspended if the board determines that suspension is in the public interest or that a person at the time of license renewal: (1) Is engaged in active duty in the military service of this state or the United States. (2) Holds a current waiver by the board based on evidence of significant hardship in complying with training requirements, including an exemption of continuing education requirements or extension of time in which to fulfill requirements due to a physical or mental disability or illness as identified in 645—Chapter 303rule 645—4.14(272C). g. f. The board may select licensees for audit of compliance with the requirements in paragraphs “a”300.11(4)“a” to “f.”“e.”ARC 4915CRevenue Department[701]Notice of Intended ActionProposing rule making related to exemption of sales and use tax for grain bins and providing an opportunity for public comment
The Revenue Department hereby proposes to amend Chapter 226, “Agricultural Rules,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 421.14.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 423.3 as amended by 2019 Iowa Acts, House File 779.Purpose and Summary During the 2019 Legislative Session, the General Assembly added a new exemption from sales and use tax: “The sales price from the sale of a grain bin, including material or replacement parts used to construct or repair a grain bin.” The exemption defines a “grain bin” as “property that is vented and covered with corrugated metal or similar material, and that is primarily used to hold loose grain for drying or storage.” Item 2 sets forth a general explanation of what materials will be taxable or exempt under the exemption and then provides a nonexhaustive list of items commonly used to construct a grain bin or sold in conjunction with a grain bin. The proposed rule also explains how entities may claim the exemption. Item 1 amends a current rule to note that cement and concrete are exempt if used in accordance with the new rule proposed in Item 2. The Department solicited feedback on an initial draft of these proposed amendments with a wide variety of stakeholders, including grain bin manufacturers, retailers, contractors, and others interested in the exemption. The Department made several changes, reflected in this rule making, in response to the comments received.Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond the impact of 2019 Iowa Acts, House File 779. The Legislative Services Agency’s fiscal note for House File 779 estimated a reduction in General Fund revenue of $5.2 million in FY 2020, increasing to $5.8 million in FY 2024. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 701—7.28(17A). Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on March 3, 2020. Comments should be directed to: Tim Reilly Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.725.2294 Email: tim.reilly@iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: March 3, 2020 9 to 10 a.m. Room 430, Fourth Floor Hoover State Office Building Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subrule 226.19(4) as follows: 226.19(4) Taxable even if used in agricultural production. additiveslubricants and fluidsair compressorslumber * air conditioners, unless a replacement part for exempt machinery marking chalkair tanksmopsantifreezemotor oilsaxesnailsbarn cleaner, permanent office suppliesbasketsoxygenbelt dressing packing room suppliesbins, permanent ^ paint and paint sprayersbrooms pliersbuckets posthole diggers, hand toolbuilding materials * and suppliespoultry brooders, permanentburlap cleanerspoultry feeders, permanentcattle feeders, permanentpoultry nests, permanentcement # pruning toolschain sawspumps for household or lawn usecleaning brushesradios, unless a replacement part for exempt machinerycleansing agents and materialsrefrigerators for home usecomputers (including laptop), for personal userepair toolscomputer software road maintenance equipmentconstruction toolsroad scraperconcrete # roofingconveyors, permanentsanderscow ties, permanentscrapersear tagsscrewdriversfence, posts, wire, permanentshinglesfield toiletsshovelsfire prevention equipmentsilosfreonsnow fence unless portable and used directly in dairy and livestock productionfuel additivessnow plows and snow equipmentfuel tanks and pumpsspace heaters, permanentgarden hoses and rakesspecialized flooring, permanentglasssprinklers, permanentgrain bins and tanks, permanent *^ stalls, permanentgreasestaplesgrease gunsstanchions, permanenthammersstorage tankshog ringstarpshydraulic fluidstiling machinery and equipmenthypodermic syringes, disposabletractors, gardenlampswelderslanternswheel barrowslight bulbs (for household use)wrenches * The buyer of building materials is responsible for paying sales tax or use tax on those materials, including materials to construct grain bins. The buyer is the person who pays the vendor.Contractors and sponsors that purchase building materials, other than grain bin materials, are responsible for paying sales tax to the vendor or supplier or accruing and remitting use tax on those materials. ^ Does not include bins or grain tanks used to hold loose grain for drying or storage. # Does not include cement or concrete used in pads or foundations under grain bins. ITEM 2. Adopt the following new rule 701—226.20(423):701—226.20(423) Grain bins. The Iowa Code exempts from sales and use tax the sales price from the sale of a grain bin, including material or replacement parts used to construct or repair a grain bin. “Grain bin” is defined by Iowa Code section 423.3(16A). Grain bins are real property, and grain bin materials are building materials as that term is used in rule 701—219.3(423). 226.20(1) Property considered to be a grain bin or material used to construct a grain bin. In general, materials that are permanently attached to a grain bin and are required to hold loose grain for drying or storage are used to construct a grain bin and thus exempt from sales and use tax. This generally does not include equipment used to move loose grain into or out of a grain bin. The following lists of exempt or taxable property are not exhaustive. a. Exempt property: (1) Grain bins, including hopper bins. (2) Corrugated metal or other similar material for the sides or roof of a grain bin. (3) Bolts and other builders’ hardware. (4) Steps, ladders, or staircases affixed to a grain bin providing access to a grain bin. (5) Structural support towers for a grain bin or for steps, ladders, or staircases providing access to a grain bin. (6) Catwalks primarily used to allow a person to walk from one grain bin to another. (7) Roof vents affixed to a grain bin. (8) Grain bin flooring and floor supports. (9) Concrete pad or foundation under a grain bin. (10) Stirring equipment affixed in a grain bin. (11) Fans affixed in a grain bin. (12) Temperature sensors or temperature cables affixed in a grain bin. (13) Spreaders affixed in a grain bin. (14) Sweeps or augers affixed in a grain bin to move loose grain to, from, or out of a grain bin. (15) Controls and devices to operate the above-listed property. (16) Motors for the above-listed property. (17) Replacement parts for the above-listed property. b. Taxable property: (1) Bucket elevators. (2) Distributors. (3) Receiving stations, including drag conveyors and dump pits. (4) Pneumatic or air systems. (5) Conveyors, including chain conveyors, belt conveyors, and drag conveyors. (6) Anchors, bin jacks, or other construction equipment used to assemble, construct, repair, or replace a grain bin or part of a grain bin. (7) Samplers. (8) Scales or weighers. 226.20(2) Primarily used to hold loose grain for drying or storage. Property is deemed to be “primarily used to hold loose grain for drying or storage” if it is used more than 50 percent of the time to hold loose grain for drying or storage. 226.20(3) Claiming the exemption. a. A sponsor of a grain bin, grain bin materials, or grain bin replacement parts shall provide an exemption certificate to the contractor of the property to purchase the property exempt from sales or use tax. b. A contractor may provide an exemption certificate to a supplier when purchasing a grain bin, grain bin materials, or grain bin replacement parts. The contractor would accrue consumer’s use tax on the purchase price of those grain bin materials unless the contractor obtains an exemption certificate from the sponsor. If the grain bin materials are not used in an exempt manner and if an exemption certificate is not obtained, it is the contractor’s responsibility to accrue and remit use tax. The contractor should not charge sales tax to a sponsor of grain bin materials used in a nonexempt manner because those materials remain building materials used in the performance of a construction contract. This rule is intended to implement Iowa Code section 423.3.ARC 4916CRevenue Department[701]Notice of Intended ActionProposing rule making related to sales tax exemption excluding persons who are “primarily engaged” in certain activities and providing an opportunity for public comment
The Revenue Department hereby proposes to amend Chapter 230, “Exemptions Primarily Benefiting Manufacturers and Other Persons Engaged in Processing,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 421.14.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 423.3 as amended by 2019 Iowa Acts, House File 779.Purpose and Summary The 2019 Iowa Code provides a sales tax exemption for manufacturers. That exemption excludes persons who “are not commonly understood” to be manufacturers, and excludes a person who engages in any one of five listed activities. 2019 Iowa Acts, House File 779, amends that provision to exclude persons who are “primarily engaged” in one of those five activities. This proposed rule making offers guidance to taxpayers as to how a person is “primarily engaged” in one of those activities and provides several examples of how the provision will be applied. The Department shared this provision with various interested stakeholders and made several changes prior to the publication of this proposed rule making. Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond that of 2019 Iowa Acts, House File 779, for which there is an estimated reduction in General Fund revenues of $200,000 in FY 2020 and each year thereafter. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 701—7.28(17A). Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on March 3, 2020. Comments should be directed to: Tim Reilly Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.725.2294 Email: tim.reilly@iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Adopt the following new paragraph 230.15(4)"c": c. Primarily engaged in an excluded activity.A person is not considered a manufacturer if the person is “primarily engaged” in any of the activities listed in Iowa Code section 423.3(47)“d”(4)(c). A person is “primarily engaged” in an activity if the person generates more than 50 percent of the person’s gross revenue from its operating business from, or spends more than 50 percent of the person’s time engaging in, any combination of those activities during the 12-month period after the date the person engages in one of the listed activities.ARC 4895CTransportation Department[761]Notice of Intended ActionProposing rule making related to updates to federal regulations and providing an opportunity for public comment
The Department of Transportation hereby proposes to amend Chapter 520, “Regulations Applicable to Carriers,” Chapter 529, “For-Hire Interstate Motor Carrier Authority,” and Chapter 607, “Commercial Driver Licensing,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 307.12, 321.188, 321.449 and 321.450.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 307.27, 321.188, 321.449 and 321.450.Purpose and Summary The proposed amendments are part of the regular, annual update by the Department to adopt the most recent updates to the federal regulations published by the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA). Iowa Code section 321.188 requires the Department to adopt rules to administer commercial driver’s licenses in compliance with certain portions of 49 Code of Federal Regulations (CFR) Part 383. Iowa Code section 321.449 requires the Department to adopt rules consistent with the Federal Motor Carrier Safety Regulations (FMCSR) promulgated under United States Code, Title 49, and found in 49 CFR Parts 385 and 390 to 399. Iowa Code section 321.450 requires the Department to adopt rules consistent with the Federal Hazardous Materials Regulations (HMR) promulgated under United States Code, Title 49, and found in 49 CFR Parts 107, 171 to 173, 177, 178 and 180. Commercial vehicles transporting goods in interstate commerce are subject to the FMCSR on the effective dates specified in the Federal Register (FR). Commercial vehicles transporting hazardous materials in interstate commerce or transporting certain hazardous materials intrastate are subject to the HMR on the effective dates specified in the FR. The adoption of the federal regulations by the Department will extend the enforcement of the regulations to commercial vehicles operated intrastate unless exempted by statute. The proposed amendments to Chapter 520 adopt the current CFR dated October 1, 2019, for 49 CFR Parts 107, 171, 172, 173, 177, 178, 180, 385 and 390 to 399. The proposed amendment to Chapter 529 adopts the current CFR dated October 1, 2019, for 49 CFR Parts 365 to 368 and 370 to 379. The proposed amendment to Chapter 607 adopts the current CFR dated October 1, 2019, for certain portions of 49 CFR Part 383. Proposed federal regulations are published in the FR to allow a period for public comment, and after adoption, the final regulations are published in the FR. To ensure the consistency required by statute, the Department adopts the specified parts of 49 CFR as adopted by the United States Department of Transportation. The following paragraphs provide a specific description of the amendments to the FMCSR and the HMR that have become final and effective since the 2018 edition of the CFR and that affect Chapters 520, 529 and 607: Amendments to the FMCSR and Federal HMR Parts 171-173, 178 and 180 (FR Vol. 83, No. 216, Pages 55792-55811, 11-7-18) This final rule amends the HMR in response to 19 petitions for rule making submitted by the regulated community to update, clarify, streamline, or provide relief from various HMR. By adopting these deregulatory amendments, the PHMSA is allowing more efficient and effective ways of transporting hazardous materials in commerce while maintaining an equivalent level of safety. Effective date: December 7, 2018. Parts 107 and 171 (FR Vol. 83, No. 228, Pages 60733-60754, 11-27-18) This final rule amends the HMR in accordance with the Federal Civil Penalties Inflation Adjustment Act to apply the 2018 inflation adjustment to civil penalty amounts. A civil penalty may be imposed under federal law on persons violating federal Department of Transportation regulations, including persons who knowingly violate the HMR. Effective date: November 27, 2018. Part 390 (FR Vol. 83, No. 233, Pages 62505-62508, 12-4-18) This final rule extends the compliance date of the May 27, 2015, final rule titled “Lease and Interchange of Vehicles; Motor Carriers of Passengers,” from January 1, 2019, to January 1, 2021. This extension of the compliance date was necessary to provide the FMCSA time to consider all comments raised regarding this rule making. Effective date: January 1, 2021. Part 383 (FR Vol. 83, No. 245, Pages 65564-65571, 12-21-18) This final rule amends FMCSA regulations to allow states the option of issuing a commercial learner’s permit (CLP) with an expiration date of up to one year from the date of initial issuance. This rule making simply codifies an exemption previously granted by FMCSA to state driver’s licensing agencies allowing them to issue a CLP with an expiration date of one year. Effective date: February 19, 2019. Part 367 (FR Vol. 83, No. 248, Pages 67124-67131, 12-28-18) This final rule amends FMCSA regulations to reduce the annual registration fees collected from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies for the Unified Carrier Registration Plan and Agreement for the registration years 2019, 2020 and thereafter as set forth in the regulation. Effective date: December 28, 2018. Part 107 (FR Vol. 84, No. 31, Pages 3993-4001, 02-14-19) This final rule amends the HMR to align with the federal Office of Management and Budget’s uniform administrative requirements, cost principles and audit requirements for federal grants, including the hazardous materials grants program and the hazardous materials emergency preparedness grant. Effective date: March 18, 2019. Part 385 (FR Vol. 84, No. 130, Pages 32323-32326, 07-08-19) This final rule revises FMCSA regulations relating to hazardous material safety permits to incorporate by reference the April 1, 2018, edition of the Commercial Vehicle Safety Alliance’s guidance related to out-of-service criteria for commercial highway vehicles transporting transuranic (uranium) materials and highway route-controlled quantities of radioactive materials. The out-of-service criteria provide uniform enforcement tolerances for roadside inspections to enforcement personnel nationwide. Effective date: July 8, 2019. Part 383 (FR Vol. 84, No. 141, Pages 35335-35339, 07-23-19) This final rule amends FMCSA regulations to revise the list of offenses permanently disqualifying a person from operating a commercial motor vehicle to include a felony conviction for using a commercial motor vehicle while committing an offense involving a severe form of human trafficking. This regulation change will also require a change to the list of disqualifying offenses in Iowa Code section 321.208 to implement the requirement, and the Department is proposing to amend that Code section during the 2020 Iowa Legislative Session. Effective date: September 23, 2019. Compliance date: September 23, 2022. Parts 107 and 171 (FR Vol. 84, No. 147, Pages 37059-37079, 07-31-19) This final rule amends the HMR in accordance with the Federal Civil Penalties Inflation Adjustment Act to apply the 2019 inflation adjustment to civil penalty amounts. A civil penalty may be imposed under federal law on persons violating federal Department of Transportation regulations, including persons who knowingly violate the HMR. Effective date: July 31, 2019. Part 390 (FR Vol. 84, No. 157, Pages 40272-40296, 08-14-19) This final rule narrows the applicability of the May 27, 2015, final rule titled “Lease and Interchange of Vehicles; Motor Carriers of Passengers,” by excluding certain contracts and other agreements between motor carriers of passengers that have active passenger carrier operating authority registrations with FMCSA from the definition of “lease” and the associated regulatory requirements. For passenger carriers that remain subject to the leasing and interchange requirements, FMCSA returns the bus marking requirement to its July 1, 2015, requirement, but with the slight modification to add references to leased vehicles. FMCSA also revises the exception for the delayed writing of a lease during certain emergencies and removes the 24-hour lease notification requirement from the regulations. Effective date: October 15, 2019. Part 395 (FR Vol. 84, No. 177, Pages 48077-48081, 09-12-19) This final rule amends FMCSA regulations applicable to restart provisions for hours of service of drivers of property-carrying commercial motor vehicles. The amendments removed provisions requiring that a 34-hour restart include two periods between 1 a.m. and 5 a.m. and limiting use of restart to once every 168 hours. In a series of federal appropriations acts, Congress suspended these provisions, pending completion of a study comparing the effects of the restart provisions both prior to and after the regulation change. The study found that there were no statistically significant benefits from the restart rule, and thus, the rules were voided by Congress. This amendment merely removes the voided requirement from the regulations. Effective date: September 12, 2019. Parts 365, 380, 382, 383, 385, 387, 389, 391, 392, 395 and 396 (FR Vol. 84, No. 189, Pages 51427-51435, 09-30-19) This final rule amends FMCSA regulations by making technical changes to correct inadvertent errors and omissions, remove or update obsolete references, and improve the clarity and consistency of certain regulatory provisions. Effective date: September 30, 2019. Fiscal Impact The fiscal impact statement cannot be determined. The federal regulations proposed to be adopted by this rule making were subject to fiscal impact review by either the Federal Motor Carrier Safety Administration or the Pipeline and Hazardous Materials Safety Administration when the regulations were enacted and were determined not to be cost-prohibitive. Jobs Impact The proposed amendments may have a slight impact on motor carrier operations. However, the amendments should not negatively impact jobs or employment opportunities because the amendments align the rules to federal regulations and bring uniformity and consistency to the industry, which should have a positive impact on employment. Waivers Various portions of the federal regulations and Iowa statutes allow some exceptions when the exceptions will not adversely impact the safe transportation of commodities on the nation’s highways. Granting additional exceptions for drivers and the motor carrier industry in Iowa would adversely impact the safety of the traveling public in Iowa. Public Comment Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on March 3, 2020. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Strategic Communications and Policy Bureau 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing If requested, a public hearing to hear requested oral presentations will be held as follows: March 5, 2020 10 a.m. Department of Transportation Motor Vehicle Division 6310 SE Convenience Boulevard Ankeny, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department’s rules administrator, and advise of specific needs. The public hearing will be canceled without further notice if no oral presentation is requested. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend paragraph 520.1(1)"a" as follows: a. Motor carrier safety regulations.The Iowa department of transportation adopts the Federal Motor Carrier Safety Regulations, 49 CFR Parts 385 and 390-399 (October 1, 20182019). ITEM 2. Amend paragraph 520.1(1)"b" as follows: b. Hazardous materials regulations.The Iowa department of transportation adopts the Federal Hazardous Materials Regulations, 49 CFR Parts 107, 171-173, 177, 178, and 180 (October 1, 20182019). ITEM 3. Amend rule 761—520.5(321) as follows:761—520.5(321) Safety fitness. 520.5(1) New motor carrier safety audits. Peace officers in the office of motor vehicle enforcement of the Iowa department of transportation shall perform safety audits of new motor carriers and shall have the authority to enter a motor carrier’s place of business for the purpose of performing these audits. These audits shall be performed in compliance with 49 CFR Part 385 and shall be completed within 18 months from the day the motor carrier commences business. 520.5(2) Motor carrier compliance reviews. Peace officers in the office of motor vehicle enforcement of the Iowa department of transportation shall perform compliance reviews of motor carriers and shall have the authority to enter a motor carrier’s place of business for the purpose of performing these compliance reviews. These compliance reviews shall be performed in compliance with 49 CFR Part 385. This rule is intended to implement Iowa Code sections 321.449 and 321.450. ITEM 4. Amend rule 761—529.1(327B) as follows:761—529.1(327B) Motor carrier regulations. The Iowa department of transportation adopts the Code of Federal Regulations, 49 CFR Parts 365-368 and 370-379, dated October 1, 20182019, for regulating interstate for-hire carriers.Copies of this publication are available from the state law library or through the Internet at www.fmcsa.dot.gov. ITEM 5. Amend paragraph 607.10(1)"c" as follows: c. The following portions of 49 CFR Part 383 (October 1, 20182019): (1) Section 383.51, Disqualification of drivers. (2) Subpart E—Testing and Licensing Procedures. (3) Subpart G—Required Knowledge and Skills. (4) Subpart H—Tests.ARC 4929CAuditor of State[81]Adopted and FiledRule making related to amending fee schedules
The Auditor of State hereby amends Chapter 21, “Filing Fees,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 11.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 11.6.Purpose and Summary This rule making amends the fee schedules for approximately 600 Iowa municipalities with populations under 2,000 and budgeted expenditures of less than $1 million. The municipalities are subject to periodic examinations by the Auditor pursuant to Iowa Code section 11.6. Each city is assessed an annual fee based on its annual budget. The Auditor is changing the fee schedule to allocate costs more equitably. One change from the Notice has been made to strike the word “budgeted” in subrule 21.2(1) for clarification.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 4, 2019, as ARC 4787C. No public comments were received. Adoption of Rule Making This rule making was adopted by the Auditor of State on January 13, 2020.Fiscal Impact The revised fee schedule will increase the amount of fees collected by the Auditor by approximately $20,000 annually. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Office of Auditor of State for a waiver of the discretionary provisions, if any.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on April 1, 2020. The following rule-making action is adopted:
ITEM 1. Amend rule 81—21.2(11) as follows:81—21.2(11) Periodic examination fee. A periodic examination fee, as provided for under 2012 Iowa Acts, chapter 1107, section 2Iowa Code section 11.6(11), shall be paid annually by cities that do not otherwise have an audit or fiscal year examination conducted pursuant to Iowa Code section 11.6, subsection 1 or subsection 3, during a fiscal year. 21.2(1) The fee shall be remitted according to a fee schedule using fourfive strata based on the budgetedaverage of actual expenditures of the original certified budget of the governmental subdivision for theprevious two fiscal yearyears. 21.2(2) The designated strata and applicable fees are as follows: Budgeted Expendituresin Thousands of Dollars FeeAmountUnder 50 $ 100At least 50 but less than 300 $ 475At least 300 but less than 600 $ 900600 or more $1,200Budget Expenditures in Thousands of DollarsFee AmountUnder 100$ 200At least 100 but less than 250$ 550At least 250 but less than 500$ 800At least 500 but less than 750$1,200750 or more$1,500 21.2(3) The fee shall be remitted to the office of auditor of state on or before March 31 each year. This rule is intended to implement 2012 Iowa Acts, chapter 1107, section 2Iowa Code section 11.6(11). [Filed 1/13/20, effective 4/1/20][Published 2/12/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/12/20.ARC 4930CEducation Department[281]Adopted and FiledRule making related to extracurricular interscholastic competition
The State Board of Education hereby amends Chapter 36, “Extracurricular Interscholastic Competition,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 256.7.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 280.13A.Purpose and Summary Chapter 36 outlines the requirements for extracurricular interscholastic competitions. Item 1 incorporates changes to the subrule regarding scholarship rules by providing that a student may not be required to sit out in more than one school-sponsored extracurricular activity because of a failing grade. Item 2 provides the athletic associations with the discretion to set a dead period during the summer for a period up to 14 days in length in which no contact with students would be allowed.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 18, 2019, as ARC 4815C. A public hearing was held on January 7, 2020, at 9 a.m. in the State Board Room, Second Floor, Grimes State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the State Board on January 23, 2020.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making actions are adopted:
ITEM 1. Amend subrule 36.15(2) as follows: 36.15(2) Scholarship rules. a. All contestants must be enrolled and in good standing in a school that is a member or associate member in good standing of the organization sponsoring the event. b. All contestants must be under 20 years of age. c. All contestants shall be enrolled students of the school in good standing. They shall receive credit in at least four subjects, each of one period or “hour” or the equivalent thereof, at all times. To qualify under this rule, a “subject” must meet the requirements of 281—Chapter 12. Coursework taken from a postsecondary institution and for which a school district or accredited nonpublic school grants academic credit toward high school graduation shall be used in determining eligibility. No student shall be denied eligibility if the student’s school program deviates from the traditional two-semester school year. (1) Each contestant shall be passing all coursework for which credit is given and shall be making adequate progress toward graduation requirements at the end of each grading period. Grading period, graduation requirements, and any interim periods of ineligibility are determined by local policy. For purposes of this subrule, “grading period” shall mean the period of time at the end of which a student in grades 9 through 12 receives a final grade and course credit is awarded for passing grades. (2) If at the end of any grading period a contestant is given a failing grade in any course for which credit is awarded, the contestant is ineligible to dress for and compete in the next occurring interscholastic athletic contests and competitions in which the contestant is a contestant for 30 consecutive calendar daysunless the student has already served a period of ineligibility for 30 consecutive calendar days in another school-sponsored activity. A student shall not serve multiple periods of ineligibility because of a failing grade. d. A student with a disability who has an individualized education program shall not be denied eligibility on the basis of scholarship if the student is making adequate progress, as determined by school officials, towards the goals and objectives on the student’s individualized education program. e. A student who meets all other qualifications may be eligible to participate in interscholastic athletics for a maximum of eight consecutive semesters upon entering the ninth grade for the first time. However, a student who engages in athletics during the summer following eighth grade is also eligible to compete during the summer following twelfth grade. Extenuating circumstances, such as health, may be the basis for an appeal to the executive board which may extend the eligibility of a student when the executive board finds that the interests of the student and interscholastic athletics will be benefited. f. All member schools shall provide appropriate interventions and necessary academic supports for students who fail or who are at risk to fail, and shall report to the department regarding those interventions on the comprehensive school improvement plan. g. A student is academically eligible upon entering the ninth grade. h. A student is not eligible to participate in an interscholastic sport if the student has, in that same sport, participated in a contest with or against, or trained with, a National Collegiate Athletic Association (NCAA), National Junior College Athletic Association (NJCAA), National Association of Intercollegiate Athletics (NAIA), or other collegiate governing organization’s sanctioned team. A student may not participate with or against high school graduates if the graduates represent a collegiate institution or if the event is sanctioned or sponsored by a collegiate institution. Nothing in this subrule shall preclude a student from participating in a one-time tryout with or against members of a college team with permission from the member school’s administration and the respective collegiate institution’s athletic administration. i. No student shall be eligible to participate in any given interscholastic sport if the student has engaged in that sport professionally. j. The local superintendent of schools, with the approval of the local board of education, may give permission to a dropout student to participate in athletics upon return to school if the student is otherwise eligible under these rules. k. Remediation of a failing grade by way of summer school or other means shall not affect the student’s ineligibility. All failing grades shall be reported to any school to which the student transfers. ITEM 2. Amend subrule 36.15(6) as follows: 36.15(6) Summer camps and clinics and coaching contacts out of season. a. School personnel, whether employed or volunteers, of a member or associate member school shall not coach that school’s student athletes during the school year in a sport for which the school personnel are currently under contract or are volunteers, outside the period from the official first day of practice through the finals of tournament play. Provided, however, school personnel may coach a senior student from the coach’s school in an all-star contest once the senior student’s interscholastic athletic season for that sport has concluded. In addition, volunteer or compensated coaching personnel shall not require students to participate in any activities outside the season of that coach’s sport as a condition of participation in the coach’s sport during its season. b. A summer team or individual camp or clinic held at a member or associate member school facility shall not conflict with sports in season. Coaching activities between June 1 and the first day of fall sports practices shall not conflict with sports in season.The associations in their discretion may establish a dead period up to 14 calendar days in length. During a dead period coaches will not be allowed to have contact with students. c. Rescinded IAB 4/20/11, effective 5/25/11. d. Penalty. A school whose volunteer or compensated coaching personnel violate this rule is ineligible to participate in a governing organization-sponsored event in that sport for one year with the violator(s) coaching. [Filed 1/28/20, effective 3/18/20][Published 2/12/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/12/20.ARC 4931CEducation Department[281]Adopted and FiledRule making related to repairing transportation equipment for transporting students
The State Board of Education hereby amends Chapter 98, “Financial Management of Categorical Funding,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 256.7.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 298A.Purpose and Summary Chapter 98 outlines the financial management of categorical funding. Subrule 98.64(2) addresses appropriate expenditures in the physical plant and equipment levy (PPEL) fund. This amendment expands “repairing” of transportation equipment for transporting students to include retrofitting when such retrofitting is aligned to school bus construction standards in 281—Chapter 44. Additionally, the amendment stipulates this provision is retroactive to October 2, 2019. This date aligns to the effective date of the recently adopted amendments to 281—Chapter 44.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 18, 2019, as ARC 4817C. A public hearing was held on January 7, 2020, at 10 a.m. in the State Board Room, Second Floor, Grimes State Office Building, Des Moines, Iowa. No one attended the public hearing. One comment was received supporting the amendment. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the State Board on January 23, 2020.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers An agencywide waiver provision is provided in 281—Chapter 4.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making action is adopted:
ITEM 1. Amend paragraph 98.64(2)"l" as follows: l. Purchase of transportation equipment for transporting students and for repairing such transportation equipment when the cost of the repair exceeds $2,500. “Repairing,” for purposes of this paragraph, means restoring an existing item of transportation equipment to its original condition, as near as may be, after gradual obsolescence of physical and functional use due to wear and tear, corrosion and decay, or partial destruction, and includes maintenance that meets the definition of equipment and repair and the cost of which exceeds $2,500.Effective October 2, 2019, “repairing” also means retrofitting transportation equipment when such retrofitting aligns to the school bus construction standards in 281—Chapter 44. [Filed 1/28/20, effective 3/18/20][Published 2/12/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/12/20.ARC 4896CHuman Services Department[441]Adopted and FiledRule making related to children’s behavioral health services
The Human Services Department hereby amends Chapter 25, “Disability Services Management,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapter 331.State or Federal Law Implemented This rule making implements, in whole or in part, 2019 Iowa Acts, House File 690.Purpose and Summary These amendments to Chapter 25 provide the framework for a children’s behavioral health system requiring certain children’s behavioral health core services for children with a serious emotional disturbance. The amendments provide guidance to mental health and disability services (MHDS) regions in developing the new children’s behavioral health core services and include new definitions, provider standards, access standards, and implementation dates. The amendments also make changes in MHDS regional governance structure and reporting requirements and establish eligibility standards for children’s behavioral health services.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 20, 2019, as ARC 4762C. The Department received 22 comments from five respondents on the proposed amendments. The comments and corresponding responses from the Department are divided into four topic areas as follows: A. Definitions. B. General. C. Governing boards and advisory councils. D. Cost-sharing and resources. A. Definitions. 1. One respondent commented that the rules should include a definition for “medical necessity.” Department response: No change was made in response to the comment. There is no need to define the term “medical necessity” because it is not used in Chapter 25. 2. One respondent commented that the rules should include a definition for “psychiatric medical institution for children” (PMIC). Department response: No change was made in response to the comment. The term “psychiatric medical institution for children” is defined in Iowa Code chapter 135H and is not used in Chapter 25. A PMIC is not among the core service domains that the Legislature identified for the Department to define in rule. 3. One respondent commented that the definition for “early identification” should be changed to include “mental illness” along with “developmental delays” and “untreated conditions.” Department response: The Department agrees and has added “mental illness” to the conditions listed in the definition of “early identification.” 4. One respondent commented that all noncore domains and services for children should be included, along with a definition for each of them. Department response: No change was made in response to the comment. The legislation creating the children’s behavioral health system specifically directed the Department to “define the services included in the core domains listed.” Noncore service domains were not listed; therefore, the Department does not have the authority to define them in these rules. 5. One respondent commented that “supplemental services” should be defined. Department response: No change was made in response to the comment. The legislation creating the children’s behavioral health system specifically directed the Department to “define the services included in the core domains listed.” Supplemental services were not listed as a core domain, and the term “supplemental services” is not used in Chapter 25; therefore, the Department does not have the authority to define the term in these rules. 6. One respondent commented that the term “serious emotional disturbance” (SED) is not clearly defined and that the definition is inconsistent with other definitions of “SED” and should be changed to be the same across all funding sources in the state. The respondent suggested that if a more detailed definition of “SED” is not included in the rule that there should be a reference to the Medicaid state plan amendment that includes that detail. Department response: No change was made in response to the comment. “Serious emotional disturbance” is defined by reference to the existing definition in Iowa Code section 225C.2, which definition is the same standard used for the children’s mental health waiver. Any further inclusionary or exclusionary criteria would be based on an individual clinical determination by a qualified mental health professional. B. General. 7. One respondent commented that subrule 25.3(1) should be changed to add the words “for adults” after “core services.” Department response: No change was made in response to the comment. Subrule 25.3(1) was not included in the noticed changes proposed for Chapter 25 and therefore is not open for revision at this time. 8. One respondent commented that subrule 25.3(2) should be changed to add the words “for adults” after “core services.” Department response: No change was made in response to the comment. Subrule 25.3(2) was not included in the noticed changes proposed for Chapter 25 and therefore is not open for revision at this time. 9. One respondent commented that access centers are supposed to be for both adults and children, so language throughout the access center requirements should continue to refer to “individuals” rather than being changed to refer to “adults.” Department response: No change was made in response to the comment. Access centers were created as a part of intensive mental health services for the purpose of serving adults and are required to provide an array of services for adults. Some of the services offered by access centers may also be accessed by individuals under the age of 18, but the centers are not designed as a children’s service. The word “individual” was used in the definition of “access center” to indicate that while regions are required to fund services for children, access centers are allowed to serve individuals under the age of 18 when appropriate and if funding is available. 10. One respondent commented that rule 441—25.7(331) only addresses the noncore services of prescreening assessment and transportation and should include all noncore service domains for adults, including a definition for each of them. Department response: No change was made in response to the comment. 2018 Iowa Acts, House File 2456, mandated the addition of transportation and prescreening assessment standards to Chapter 25. The legislation did not direct or authorize the addition of other noncore services to these rules. Rule 441—25.7(331) was not included in the noticed changes proposed for Chapter 25 and therefore is not open for revision at this time. The legislation creating the children’s behavioral health system specifically directed the Department to “define the services included in the core domains listed.” Noncore service domains were not listed, so the Department does not have the authority to define them in these rules. 11. One respondent commented that it appears prevention, screening and early intervention services will not be paid for unless the child has a qualifying diagnosis of SED. The respondent would like clarification that prevention, screening and early intervention services are available to any child who needs them and do not require an SED diagnosis at the time of service. Department response: No change was made in response to the comment. The definitions of and access standards for “prevention” and “education services” specify that such services are intended to increase awareness and understanding, and as described, the reasonable interpretation is that they are applicable to information and activities available to residents of the region without respect to a diagnosis. The definitions of and access standards for “early identification” and “early intervention” indicate that they involve “detecting” untreated conditions that may indicate the need for further evaluation and addressing the needs of children at the earliest stages. These definitions would be meaningless if they did not apply to children who have not yet been diagnosed. 12. One respondent commented that the access standard for early identification services is four weeks and expressed concern that services should be provided more promptly. Department response: No change was made in response to the comment. The access standards are designed to provide achievable parameters on the reasonable time to ensure services are available. MHDS regions have to work within the capacity of qualified providers and are expected to strive to make all services available as promptly as possible. 13. One respondent commented that the rule should reference the use of telehealth services, such as telepsychiatry, and the use of advanced practice registered nurses who are certified in psychiatric and mental health care to provide services in areas with provider shortages. Department response: No change was made in response to the comment. These suggestions are beyond the scope of these amendments as authorized by 2019 Iowa Acts, House File 690. C. Governing boards and advisory councils. 14. One respondent commented that the voting members of the regional governing boards should include one member representing the behavioral health system in the region who is not a provider. Department response: No change was made in response to the comment. 2019 Iowa Acts, House File 690, specified the voting membership of the regional governing boards, and the Department does not have the authority to change the requirements, which have been codified in Iowa Code section 331.390. 15. One respondent commented that subparagraph 25.14(1)“j”(7), which requires a pediatrician to sit on the regional advisory committees for children’s behavioral health services, should be broadened to include mid-level providers such as advanced registered nurse practitioners (ARNPs), doctors of nursing practice (DNPs), certified pediatric nurse practitioners (CPNPs), certified physician assistants (PA-Cs), or similar professionals because there are limited numbers of pediatricians available, particularly in rural Iowa. Department response: No change was made in response to the comment. The requirement for a pediatrician to serve as a member of a regional advisory committee for children’s behavioral health services was established in Iowa Code by 2019 Iowa Acts, House File 690; therefore, the Department does not have the authority to make alterations. 16. One respondent commented that the subrule 25.12(1) provision requiring that a governing board member representing the education system in the region be designated as a voting member should be removed because: (1) the education system should not be viewed differently from providers of adult and children’s services which are designated as nonvoting members, and (2) since education systems receive tax dollars, there could be a conflict of interest. Department response: No change was made in response to the comment. The requirement for a voting regional governing board member representing the education system in the region was included in 2019 Iowa Acts, House File 690, and has been codified in Iowa Code chapter 225; therefore, the Department does not have the authority to make alterations. 17. One respondent commented that the makeup of the regional advisory committees for children’s behavioral health services is too prescriptive and should have broader requirements similar to those of the adult system advisory committees. The respondent specifically suggested: • The requirement for a pediatrician should be removed or at least broadened to allow a nurse practitioner, psychologist, or therapist. • The requirement for a child care provider should be removed. • The requirement for a local law enforcement representative should be allowed to be filled by one person for both the adult and child advisory committees. Department response: No change was made in response to the comment. The requirements for a pediatrician and a child care provider to be members of the regional advisory committees for children’s behavioral health services are specified in 2019 Iowa Acts, House File 690, now codified in Iowa Code chapter 331; therefore, the Department does not have the authority to make alterations. There is nothing in these rules that prohibits one individual who meets the membership criteria for a seat on the adult advisory committee and a seat on the child advisory committee from serving in both roles. 18. One respondent commented that it would be more reasonable to require one advisory committee for both adult services and children’s services instead of two separate committees, as all the services should be seen as part of one single system. Department response: No change was made in response to the comment. The requirement for separate advisory committees for adult services and children’s services with specific membership criteria was included in 2019 Iowa Acts, House File 690, now codified in Iowa Code chapter 331; therefore, the Department does not have the authority to make alterations. 19. One respondent commented that the composition of the regional advisory committees for children’s behavioral health services should include a school nurse in addition to the education representative. Department response: No change was made in response to the comment. The requirements for members of the regional advisory committees for children’s behavioral health services are specified in House File 690, now codified in Iowa Code chapter 331; therefore, the Department does not have the authority to make alterations. D. Cost-sharing and resource limits. 20. One respondent indicated support for the cost-sharing chart for children’s services and commented that there should also be a consistent cost-sharing fee scale across the state for adults. Department response: No change was made in response to the comment. 2019 Iowa Acts, House File 690, specifically required that family income eligibility limits for children’s behavioral health services be “subject to a copayment, a single statewide sliding fee scale, or other cost-sharing requirements approved by the department.” There is no similar requirement in Iowa Code for adult services; therefore, the MHDS regions retain flexibility in how income standards are applied, and the Department does not have the authority to impose a statewide standard. 21. One respondent commented that there should be a standard resource limit for the family of a child seeking children’s behavioral health services and that having resource limits for adult services and no resource limits for children’s services does not seem reasonable or fair. Department response: No change was made in response to the comment. Prior to this rule-making action, Chapter 25 included a resource limit for adults seeking mental health and disability services. Eligibility for new children’s behavioral health services was established by 2019 Iowa Acts, House File 690. The legislation specified an income limitation of 500 percent of the federal poverty level, subject to a copayment, a single statewide sliding fee scale, or other cost-sharing requirement approved by the Department. Since the Legislature chose not to include a resource limit for children’s services, the Department does not have the authority to establish one in rule. 22. One respondent expressed support for the sliding fee scale for children’s behavioral health services, but expressed concern about how quickly the percentage of the family cost-share amount increases, and suggested gathering data to determine if services are declined by families due to the inability to pay the cost-share amount. Department response: No change was made in response to the comment. The cost-share percentages were established to balance keeping services affordable for families with the ability of regional funding to meet the needs of residents requesting services. MHDS regions are not required to gather data relating to the ability of families to pay the cost-share amounts, but the regions may do so if they choose. Summary of changes: The definition of “early identification” has been changed to add the words “mental illness” in the phrase “the process of detecting developmental delays, mental illness, or untreated conditions that may indicate the need for further evaluation.” In addition, a rescinded definition in Item 27 was corrected to read “Coordinator of disability services.”Adoption of Rule Making This rule making was adopted by the Mental Health and Disability Services Commission on January 16, 2020.Fiscal Impact These changes are expected to increase costs for both the Medicaid program and MHDS regions. There will be additional Medicaid costs to fund increased access to Medicaid-funded services, such as crisis services. Many MHDS regions fund some services for children, such as crisis services, but they do not fund all of the core services nor does every region fund children’s services or have access to crisis services for children. Jobs Impact These amendments are not likely to have any significant impact on private-sector jobs and employment opportunities in Iowa. To the extent there is any impact, it would be to create a demand for more mental health professionals and direct support staff. Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making actions are adopted:
ITEM 1. Amend 441—Chapter 25, preamble, as follows: This chapter provides for definitions of regional core services; access standards; implementation dates; practice standards; reporting of regional expenditures; development and submission of regional management plans; data collection; applications for funding as they relate to regional service systems for individualsadults with mental illness, intellectual disabilities, developmental disabilities, or brain injury; and submission of data for Medicaid offset calculationsand children with a serious emotional disturbance. ITEM 2. Adopt the following new definitions of “Behavioral health inpatient treatment,” “Behavioral health outpatient therapy,” “Child,” “Children’s behavioral health services,” “Children’s behavioral health system,” “Early identification,” “Early intervention,” “Education services,” “Mental health inpatient treatment,” “Prevention,” “Serious emotional disturbance” and “State board” in rule 441—25.1(331): "Behavioral health inpatient treatment" "mental health inpatient treatment" means inpatient psychiatric services to treat an acute psychiatric condition provided in a licensed hospital with a psychiatric unit or a licensed freestanding psychiatric hospital. "Behavioral health outpatient therapy" means the same as “outpatient services” described in Iowa Code section 230A.106(2)“a.” "Child" "children" means a person or persons under 18 years of age. "Children’s behavioral health services" means behavioral health services for children who have a diagnosis of serious emotional disturbance. "Children’s behavioral health system" "children’s system" means the behavioral health system for children implemented pursuant to Iowa Code chapter 225C. "Early identification" means the process of detecting developmental delays, mental illness, or untreated conditions that may indicate the need for further evaluation. "Early intervention" means services designed to address the social, emotional, and developmental needs of children at their earliest stages to decrease long-term effects and provide support in meeting developmental milestones. "Education services" means activities that increase awareness and understanding of the causes and nature of conditions or factors which affect an individual’s development and functioning. "Mental health inpatient treatment" "behavioral health inpatient treatment" means inpatient psychiatric services to treat an acute psychiatric condition that are provided in a licensed hospital with a psychiatric unit or a licensed freestanding psychiatric hospital. "Prevention" means efforts to increase awareness and understanding of the causes and nature of conditions or situations which affect an individual’s functioning in society. Prevention activities are designed to convey information about the cause of conditions, situations, or problems that interfere with an individual’s functioning or ways in which that information can be used to prevent their occurrence or reduce their effect and may include, but are not limited to, training events, webinars, presentations, and public meetings. "Serious emotional disturbance" means the same as defined in Iowa Code section 225C.2. "State board" means the children’s behavioral health system state board created in Iowa Code section 225C.51. ITEM 3. Amend subrule 25.2(1) as follows: 25.2(1) The region shall ensure that core service domains are available in regions as determined in Iowa Code sectionsections331.397and 331.397A. ITEM 4. Amend subrule 25.2(3) as follows: 25.2(3) The region shall ensure that the following services are availablefor adults in the region: a. Access centers. b. Assertive community treatment. c. Assessment and evaluation. d. Case management. e. Crisis evaluation. f. Crisis stabilization community-based services. g. Crisis stabilization residential services. h. Day habilitation. i. Family support. j. Health homes. k. Home and vehicle modification. l. Home health aide. m. Intensive residential service homes. n. Job development. o. Medication prescribing and management. p. Mental health inpatient treatment. q. Mental health outpatient treatment. r. Mobile response. s. Peer support. t. Personal emergency response system. u. Prevocational services. v. Respite. w. Subacute mental health services. x. Supported employment. y. Supportive community living. z. Twenty-four-hour access to crisis response. aa. Twenty-three-hour crisis observation and holding.Regions may fund or provide other services in addition to the required core services consistent with requirements set forth in subrules 25.2(4) and25.2(5)and 25.2(6). ITEM 5. Renumber subrules 25.2(4) and 25.2(5) as 25.2(5) and 25.2(6). ITEM 6. Adopt the following new subrule 25.2(4): 25.2(4) The region shall ensure that the following services are available for children in the region: a. Assessment and evaluation relating to eligibility for services. b. Behavioral health inpatient treatment. c. Behavioral health outpatient therapy. d. Crisis stabilization community-based services. e. Crisis stabilization residential services. f. Early identification. g. Early intervention. h. Education services. i. Medication prescribing and management. j. Mobile response. k. Prevention. ITEM 7. Adopt the following new subrule 25.3(3): 25.3(3) Regions shall implement the following children’s behavioral health core services on or before July 1, 2020, and meet applicable access standards on or before July 1, 2021: a. Assessment and evaluation relating to eligibility for services. b. Behavioral health outpatient therapy. c. Education services. d. Medication prescribing and management. e. Prevention. ITEM 8. Adopt the following new subrule 25.3(4): 25.3(4) Regions shall implement the following children’s behavioral health core services on or before July 1, 2021, and meet applicable access standards on or before July 1, 2021: a. Behavioral health inpatient treatment. b. Crisis stabilization community-based services. c. Crisis stabilization residential services. d. Early identification. e. Early intervention. f. Mobile response. ITEM 9. Amend subrule 25.4(1) as follows: 25.4(1) A sufficient provider network which shall include: a. A community mental health center or federally qualified health center that provides psychiatric and outpatient mental health servicesto individuals in the region. b. A hospital with an inpatient psychiatric unit or state mental health institute located in or within reasonably close proximity that has the capacity to provide inpatient services to the applicant. ITEM 10. Amend subrule 25.4(2) as follows: 25.4(2) Crisis services shall be available 24 hours per day, 7 days per week, 365 days per year forindividuals experiencing mental health and disability-related emergencies. A region may make arrangements with one or more other regions to meet the required access standards. a. Basic crisis response. (1) Twenty-four-hour crisis response. An individual shall have immediate access to crisis response services by means of telephone, electronic, or face-to-face communication. (2) Crisis evaluation. An individual shall have immediate access to a crisis screening and will have a crisis assessment by a licensed mental health professional within 24 hours of referral. b. Crisis stabilization community-based services.An individual who has been determined to need CSCBS shall receive face-to-face contact from the CSCBS provider within 120 minutes from the time of referral. c. Crisis stabilization residential services.An individual who has been determined to need CSRS shall receive CSRS within 120 minutes of referral. The service shall be located within 120 miles from the residence of the individual. d. Mobile response.An individual in need of mobile response services shall have face-to-face contact with mobile crisis staff within 60 minutes of dispatch. e. Twenty-three-hour observation and holding.An individualadult who has been determined to need 23-hour observation and holding shall receive 23-hour observation and holding within 120 minutes of referral. The service shall be located within 120 miles from the residence of the individual. ITEM 11. Amend subrule 25.4(4) as follows: 25.4(4) Subacute facility-based mental health services. An individualadult shall receive subacute facility-based mental health services within 24 hours of referral. The service shall be located within 120 miles of the residence of the individual. ITEM 12. Amend subrule 25.4(5) as follows: 25.4(5) Support for community livingfor adults. The first appointment shall occur within four weeks of the individual’s request of support for community living. ITEM 13. Amend subrule 25.4(6) as follows: 25.4(6) Support for employmentfor adults. The initial referral shall take place within 60 days of the individual’s request of support for employment. ITEM 14. Amend subrule 25.4(7) as follows: 25.4(7) Recovery servicesfor adults. An individual receiving recovery services shall not have to travel more than 30 miles if residing in an urban area or 45 miles if residing in a rural area to receive services. ITEM 15. Amend subrule 25.4(8) as follows: 25.4(8) Service coordination. a. An individualadult receiving service coordination shall not have to travel more than 30 miles if residing in an urban area or 45 miles if residing in a rural area to receive services. b. An individualadult shall receive service coordination within ten days of the initial request for such service or being discharged from an inpatient facility. ITEM 16. Amend subrule 25.4(9), introductory paragraph, as follows: 25.4(9) The region shall make the following intensive mental health services availablefor adults. A region may make arrangements with one or more other regions to meet the required access standards. ITEM 17. Adopt the following new subrule 25.4(11): 25.4(11) The region shall make the following efforts and activities related to children’s behavioral health available to the residents of the region: a. Prevention.Prevention activities shall be carried out at least four times a year. b. Education services.Education activities shall be carried out at least four times a year. ITEM 18. Adopt the following new subrule 25.4(12): 25.4(12) The region shall ensure that the following behavioral health services are available to children in the region: a. Early identification.A child shall receive early identification services within four weeks of the time the request for such services is made. b. Early intervention.A child shall receive early intervention services within four weeks of the time the request for such services is made. ITEM 19. Amend rule 441—25.6(331), introductory paragraph, as follows:441—25.6(331) Intensive mental health services. The purpose of intensive mental health services is to provide a continuum of services and supports to individualsadults with complex mental health and multi-occurring conditions who need a high level of intensive and specialized support to attain stability in health, housing, and employment and to work toward recovery. ITEM 20. Amend subrule 25.6(1) as follows: 25.6(1) Access centers. The purpose of an access center is to serve individualsadults experiencing a mental health or substance use crisis who are not in need of an inpatient psychiatric level of care and who do not have alternative, safe, effective services immediately available. a. Regional coordination.Each region shall designate at least one access center provider and ensure that access center services are available to the residents of the region consistent with subrule 25.4(9). (1) Regions shall work collaboratively to develop a minimum of six access centers strategically located throughout the state, with the support of the medical assistance program. (2) Access centers may be shared by two or more regions. (3) Each region shall establish methods to provide for reimbursement of a region when a non-Medicaid-eligible resident of another region utilizes an access center or other non-Medicaid-covered services located in that region. b. Access center standards.A designated access center shall meet all of the following criteria: (1) An access center shall have no residential facility-based setting with more than 16 beds. (2) An access center provider shall be accredited to provide crisis stabilization residential services pursuant to 441—Chapter 24. (3) An access center provider shall be licensed to provide subacute mental health services as described in rule 441—77.56(249A). (4) An access center provider shall be licensed as a substance abuse treatment program pursuant to Iowa Code chapter 125 or have a cooperative agreement with and immediate access to licensed substance abuse treatment services or medical care that incorporates withdrawal management. (5) An access center shall provide services on a no reject, no eject basis to individuals who meet service eligibility criteria. (6) An access center shall accept and serve eligible individuals who are court-ordered to participate in mental health or substance use disorder treatment. (7) An access center shall provide all required services listed in 25.6(1)“d” in a coordinated manner. An access center may provide coordinated services in one or more locations. c. Eligibility for access center services.To be eligible to receive access center services, an individual shall meet all of the following criteria: (1) The individual isan adult in need of screening, assessment, services or treatment related to a mental health or substance use crisis. (2) The individual shows no obvious signs of illness or injury indicating a need for immediate medical attention. (3) The individual has been determined not to need an inpatient psychiatric hospital level of care. (4) The individual does not have immediate access to alternative, safe, and effective services. d. Access center services.An access center shall provide or arrange for the provision of all of the following: (1) Immediate intake assessment and screening that includes but is not limited to mental and physical health conditions, suicide risk, brain injury, and substance use. A crisis evaluation that includes all required screenings may serve as an intake assessment. (2) Comprehensive person-centered mental health assessments by appropriately licensed or credentialed professionals, as indicated by the intake assessment. (3) Comprehensive person-centered substance use disorder assessments by appropriately licensed or credentialed professionals, as indicated by the intake assessment. (4) Peer support services, as indicated by a comprehensive assessment. (5) Mental health treatment, as indicated by a comprehensive assessment. (6) Substance use treatment, as indicated by a comprehensive assessment. (7) Physical health care services as indicated by a health screening. (8) Care coordination. (9) Service navigation and linkage to needed services including housing, employment, shelter services, intellectual and developmental disability services, and brain injury services, with warm handoffs to other service providers. ITEM 21. Amend subrule 25.6(2), introductory paragraph, as follows: 25.6(2) Assertive community treatment (ACT) services. The purpose of assertive community treatment is to serve individualsadults with the most severe and persistent mental illness conditions and functional impairments. ACT services provide a set of comprehensive, integrated, intensive outpatient services delivered by a multidisciplinary team under the supervision of a psychiatrist, an advanced registered nurse practitioner, or a physician assistant under the supervision of a psychiatrist. An ACT program shall designate an individuala staff member to be responsible for administration of the program and with the authority to sign documents and receive payments on behalf of the program. ITEM 22. Amend subrule 25.6(4) as follows: 25.6(4) 23-hour observation and holding. The purpose of 23-hour observation and holding is to provide up to 23 hours of carefor adults in a safe and secure, medically staffed treatment environment. Twenty-three-hour observation and holding shall be provided as described in rule 441—24.37(225C). ITEM 23. Amend subrule 25.6(7), introductory paragraph, as follows: 25.6(7) Subacute mental health services. The purpose of subacute mental health services is to provide a comprehensive set of wraparound services to individualsadults who have had or are at imminent risk of having acute or crisis mental health symptoms. ITEM 24. Amend subrule 25.6(8), introductory paragraph, as follows: 25.6(8) Intensive residential services. The purpose of intensive residential services is to serve individualsadults with the most intensive severe and persistent mental illness conditions who have functional impairments and may also have multi-occurring conditions. Intensive residential services provide intensive 24-hour supervision, behavioral health services, and other supportive services in a community-based residential setting. ITEM 25. Amend 441—Chapter 25, implementation sentence, Division I, as follows: These rules are intended to implement Iowa Code chapter 331and 2018 Iowa Acts, House File 2456. ITEM 26. Amend 441—Chapter 25, Division II, preamble, as follows:These rules define the standards for a regional service system. The mental health and disability services and children’s behavioral health servicesprovided by counties operating as a region shall be delivered in accordance with a regional service system management plan approved by the region’s governing board and implemented by the regional administrator (Iowa Code section 331.393). Iowa counties are encouraged to enter into a regional system when the regional approach is likely to increase the availability of services to residents of the state who need the services. It is the intent of the Iowa general assembly that the adult residents of this state should have access to needed mental health and disability servicesand that Iowa children should have access to needed behavioral health services regardless of the location of their residence. ITEM 27. Rescind the definitions of “Applicant” and “Coordinator of disability services” in rule 441—25.11(331). ITEM 28. Adopt the following new definitions of “Coordinator of children’s behavioral health services,” “Coordinator of mental health and disability services,” “Countable household income,” “Federal poverty level,” and “Modified adjusted gross income” in rule 441—25.11(331): "Coordinator of children’s behavioral health services" means a member of the regional administrative entity staff who meets the requirements described in Iowa Code section 331.390(3)“b” and is responsible for coordinating behavioral health services for children. "Coordinator of mental health and disability services" means a member of the regional administrative entity staff who meets the requirements described in Iowa Code section 331.390(3)“b” and is responsible for coordinating mental health and disability services for adults. "Countable household income" means earned and unearned income of the family of a child according to the modified adjusted gross income methodology. "Federal poverty level" means the most recently revised annual poverty income guidelines published in the Federal Register by the United States Department of Health and Human Services. "Modified adjusted gross income" means the methodology prescribed in 42 U.S.C. Section 1396a(e)(14) and 42 CFR 435.603. ITEM 29. Amend subrule 25.12(1) as follows: 25.12(1) Governing board. The governing board shall comply with theprovisions of Iowa Code section 331.390, Iowa Code chapter 69 and other applicable laws relating to boards and commissions, including but not limited to the following requirements: a. The governing board shall comply with the membership requirements as outlined in Iowa Code section 331.390 and follow the requirements in Iowa Code chapter 69 and other applicable laws relating to boards and commissions.include the following voting members: (1) At least one board of supervisors member from each county comprising the region or their designees. (2) One adult person who utilizes mental health and disability services or is an actively involved relative of an adult who utilizes such services, designated by the regional adult mental health and disability services advisory committee. (3) Members designated by the regional children’s behavioral health services advisory committee as follows: 1. One member representing the education system in the region. 2. One member who is a parent of a child who utilizes children’s behavioral health services or is an actively involved relative of a child who utilizes such services. b. The governing board shall include the following nonvoting members in an ex officio capacity: (1) One member representing an adult service provider in the region, designated by the regional adult mental health and disability services advisory committee. (2) One member representing a children’s behavioral health service provider in the region, designated by the regional children’s behavioral health services advisory committee. b. c. AThe governing board shall create a regionaladult mental health and disability services advisory committee shall be created and, which shall designate members to the governing board as defined in Iowa Code section 331.390(2). d. The governing board shall create a regional children’s behavioral health services advisory committee, which shall designate members to the governing board as defined in Iowa Code section 331.390(2). c. e. The governing board shall appoint and evaluate the performance of the chief executive officer of the regional administrative entity who will serve as the single point of accountability for the region. ITEM 30. Amend subrule 25.12(2) as follows: 25.12(2) Regional administrator. The formation of the regional administrator shall be as defined in Iowa Code sections 331.388 and 331.390. a. The regional administrative entity is under the control of the governing board. b. The regional administrative entity shall enter into and manage performance-based contracts in accordance with Iowa Code section 225C.4(1)“u.” c. The regional administrative entity structure shall have clear lines of accountability. d. The regional administrative entity functions as a lead agency utilizing shared county or regional staff or other means of limiting administrative costs. e. The regional administrative entity staff shall include one or more coordinators ofmental health and disability services. f. The regional administrative entity staff shall include one or more coordinators of children’s behavioral health services. ITEM 31. Amend subrule 25.13(1), introductory paragraph, as follows: 25.13(1) Funding. Non-MedicaidFunding for non-Medicaid mental health and disability services fundingand children’s behavioral health services is under the control of the governing board and shall: ITEM 32. Amend paragraph 25.14(1)"i" as follows: i. Provision for formation and assigned responsibilities for one or moreregional advisory committeesfor adult mental health and disability services consisting of: (1) Individuals who utilize services or the actively involved relatives of such individuals. (2) Service providersof adult mental health and disability services. (3) Governing board members. (4) Other interests identified in the agreement. ITEM 33. Adopt the following new paragraph 25.14(1)"j": j. Provision for formation and assigned responsibilities for one or more regional advisory committees for children’s behavioral health services consisting of: (1) A parent of a child who utilizes services or an actively involved relative of such child. (2) A member of the education system. (3) An early childhood advocate. (4) A child welfare advocate. (5) A children’s behavioral health service provider. (6) A member of the juvenile court. (7) A pediatrician. (8) A child care provider. (9) A local law enforcement representative. (10) A regional governing board member. ITEM 34. Amend paragraph 25.14(2)"c" as follows: c. A general list of the functions and responsibilities of the regional administrative entity’s chief executive officer and other staff including but not limited to coordinators ofmental health and disability servicesand coordinators of children’s behavioral health services. ITEM 35. Rescind subrule 25.15(2) and adopt the following new subrule in lieu thereof: 25.15(2) Eligibility for children’s behavioral health services. An individual must comply with all of the following requirements to be eligible for children’s behavioral health services under the regional service system: a. The individual is a child under 18 years of age. b. The child’s custodial parent is a resident of the state of Iowa, and the child is physically present in the state. c. The child’s family meets the financial eligibility requirements in rule 441—25.16(331). d. The child has been diagnosed with a serious emotional disturbance. A serious emotional disturbance diagnosis is not required to access comprehensive facility and community-based crisis services according to Iowa Code section 331.397A(4)“b.” ITEM 36. Amend rule 441—25.16(331), introductory paragraph, as follows:441—25.16(331) Financial eligibility requirements. The regional service system management plan shall identify basic financial eligibility standards formental health and disability services as defined in Iowa Code sectionsections331.395and 331.396A. ITEM 37. Rescind subrule 25.16(1) and adopt the following new subrule in lieu thereof: 25.16(1) Income requirements. a. Income requirements for adult mental health and disability services shall be as follows: (1) The person must have an income equal to or less than 150 percent of the federal poverty level. (2) A person who is eligible for federally funded services and other support must apply for such services and support. b. Income requirements for children’s behavioral health services shall be as follows: (1) The child’s family has countable household income equal to or less than 500 percent of the federal poverty level. Countable household income and family size shall be determined using the modified adjusted gross income methodology. (2) An eligible child whose family’s countable household income is at least 150 percent and not more than 500 percent of the federal poverty level shall be subject to a cost share as described in subrule 25.16(3). (3) Verification of income. Income shall be verified using the best information available. 1. Pay stubs, tip records and employers’ statements are acceptable forms of verification of earned income. 2. Self-employment income can be verified through business records from the previous year if they are representative of anticipated earnings. If business records from the previous year are not representative of anticipated earnings, an average of the business records from the previous two or three years may be used if that average is representative of anticipated earnings. (4) Changes in income. Financial eligibility shall be reviewed on an annual basis and may be reviewed more often in response to increases or decreases in income. (5) A child who is eligible for federally funded services and other support must apply for such services and support. ITEM 38. Amend subrule 25.16(2), introductory paragraph, as follows: 25.16(2) Resource requirements. There are no resource limits for the family of a child seeking children’s behavioral health services.An individualadult seeking mental health and disability services must have resources that are equal to or less than $2,000 in countable value for a single-person household or $3,000 in countable value for a multiperson household or follow the most recent federal supplemental security income guidelines. ITEM 39. Rescind subrule 25.16(3) and adopt the following new subrule in lieu thereof: 25.16(3) Cost-share standards. A regional administrative entity must comply with cost-share standards as defined in Iowa Code sections 331.395 and 331.396A. a. Cost sharing is allowed for adults with income above 150 percent of the federal poverty level as defined by the most recently revised poverty guidelines published by the United States Department of Health and Human Services.Cost-share amounts for regionally funded adult mental health and disability services in this rule are related to core services as defined in Iowa Code section 331.397 and must be identified in the enrollment and eligibility section of the region’s policy and procedures approved by the department. b. Cost-share amounts for children’s behavioral health services are applicable to core services as defined in Iowa Code section 331.397A. The family of a child receiving regional funding for behavioral health services shall be responsible for a cost-share amount based on the family’s household income as follows:Family Income as a % of FPLCost Share % Paid by Family0 to 150%0%151 to 200% 10%201 to 250% 15%251 to 300%20%301 to 350% 35%351 to 400%50%401 to 450%65%451 to 500%80%Over 500%100% ITEM 40. Amend subrule 25.16(4), introductory paragraph, as follows: 25.16(4) CopaymentCost-share standards required by any federal, state, regional, or municipal program. Any copaymentscost sharing or other client participation required by any federal, state, regional or municipal program in which the individual participates shall be required by the regional administrative entity. Such copayments includecost sharing includes, but areis not limited to: ITEM 41. Amend subrule 25.18(1) as follows: 25.18(1) The annual service and budget plan is due on April 1 prior to the July 1 implementation of the annual plan and shall be approved by the region’s governing board prior to submittal to the department. The initial plan is due on April 1, 2014. ITEM 42. Amend subrule 25.18(2) as follows: 25.18(2) The annual service and budget plan shall include but not be limited tothe following: a. The locations of theAccess points. A list of the local access points formental health and disability services. This shall includeand children’s behavioral health services, including the namenames of the access points includingand the physical locations and contact information. b. TargetedService coordination and targeted case management. TheA list of the service coordination and targeted case management agencies forutilized in the region,whether funded by the region, the medical assistance program, or third-party payers, including the physical location and contact information for those agencies, shall be included. c. Crisis planning. A list of accredited crisis services available in the region for crisis prevention, response and resolution, including contact information for the agencies responsible, shall be included. d. Intensive mental health services. Identification of theintensive mental health services designated by the region according to rule 441—25.6(331), including the provider name, contact information, and location of each of the following, shall be included: (1) Access center(s). (2) ACT services. (3) Intensive residential services. (4) Subacute mental health services. e. Children’s behavioral health services. Identification of children’s behavioral health services as described in subrule 25.2(4), including eligibility requirements or reference to where eligibility requirements can be found in the policies and procedures manual. e. f. Scope of services. A description of the scope of services to be provided, a projection of need for the service, and the funding necessary to meet the need shall be included. (1) The scope shall include the regional core services as definedidentified in rule 441—25.1(331)441—25.2(331). (2) The scope shall also include services in addition to the required core services. f. g. Budget and financing provisions for the next year. The provisions shall address how county, regional, state and other funding sources will be used to meet the service needs within the region. g. h. Financial forecasting measures. The plan shall describeA description of the financial forecasting measures used in the identification of service need and funding necessary for servicesand a financial statement of actual revenues and actual expenses by chart of account codes, including levies by county. h. i. The providerProvider reimbursement provisions. The plan shall describeA description of the types ofprovider reimbursement methods that will be used, including fee for service, compensating providerscompensation for a “system of care” approach, andfor use of nontraditional providers. A region also shall provideinformation on funding approaches that identify and incorporate all services and sources of funding used by the individuals receiving services, including the medical assistance program. ITEM 43. Amend rule 441—25.20(331) as follows:441—25.20(331) Annual report. The annual report shall describe the services provided, the cost of those services, the number of individuals served, and the outcomes achieved for the previous fiscal year. The annual report is due on December 1 following a completed fiscal year of implementing the annual service and budget plan. The initial report is due on December 1, 2015. The annual report shall include but not be limited to:- Services actually provided.
- The status of service development.
- 2Actual numbers of individualschildren and adults served.
- 3Documentation that each regionally designated access center has met the service standards in subrule 25.6(1).
- 4Documentation that each regionally designated ACT team has been evaluated for program fidelity, including a peer review as required by subrule 25.6(2), and documentation of each team’s most recent fidelity score.
- 5Documentation that each regionally designated subacute service has met the service standards in subrule 25.6(7).
- 6Documentation that each regionally designated intensive residential service home or intensive residential service has met the service standards in subrule 25.6(8).
- 7Moneys expended.Financial statement of actual revenues and actual expenditures by chart of account codes, including levies by county.
- 8Outcomes achieved.
- Explain the action taken on the application and the reasons for that action.
- State what services are approved and name the service providers.
- Outline the applicant’sindividual’s right to appeal.
- Describe the appeal process.
- Providing the individual receiving the case management with a choice of providers.
- Allowing a service provider to be the case manager but prohibiting the provider from referring that individual only to services administered by the provider.
- Provisions to ensure compliance with, but not exceed, federal requirements for conflict-free case management.
- Performance and outcome measures relating to the health, safety,school attendance and performance, work performance, and community residency of the individuals receiving the services.
- Standards for delivery of the services, including but not limited to the social history, assessment, service planning, incident reporting, crisis planning, coordination, and monitoring for individuals receiving the services.
- Methodologies for complying with the requirements of paragraph 25.21(1)“g.” Methodologies may include the use of electronic record keeping and remote or Internet-based training.
- The appeal shall be filed within five days of receipt of the notice of decision by the regional administrative entity.
- The expedited review by the division administrator or designee shall take place within two days of receipt of the request, unless more information is needed. There is an extension of two days from the time the new information is received.
- The administrator shall issue an order, including a brief statement of findings of fact, conclusions of law, and policy reasons for the order, to justify the decision made concerning the expedited review. If the decision concurs with the contention that there is an immediate danger to the individual’s health or safety, the order shall identify the type and amount of service which shall be provided for the individual. The administrator or designee shall give such notice as is practicable to individuals who are required to comply with the order. The order is effective when issued.
- The decision of the administrator or designee shall be considered a final agency action and is subject to judicial review in accordance with Iowa Code section 17A.19.
Rule making related to case management services
The Human Services Department hereby amends Chapter 73, “Managed Care,” Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” and Chapter 83, “Medicaid Waiver Services,” rescinds Chapter 90, “Targeted Case Management,” and adopts a new Chapter 90, “Case Management Services,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary This rule making adopts a new Chapter 90 that clarifies the case management service activities received by various populations in the Medicaid program and includes a definition of and references to a core standardized assessment (CSA) as required under the Balancing Incentive Program (BIP). BIP was created as part of the federal Patient Protection and Affordable Care Act. Participation by Iowa is required by 2012 Iowa Acts, chapter 1133, section 14, and 2013 Iowa Acts, chapter 138, section 142(20). In addition, new Chapter 90 outlines and requires billable activities for fee-for-service members, includes a requirement for provider reporting of minor incidents, and includes the person-centered service planning definition and service requirements. Also, cross-reference citations in other chapters that are affected by this rule making are updated.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 6, 2019, as ARC 4739C. The Department received 83 written comments from eight respondents regarding the proposed changes. The following persons and organizations provided written comments: Linda Duffy, Integrated Health Home Program Manager, Child Health Specialty Clinics; Sabra Rosener, J.D., Vice President of Government and External Affairs at UnityPoint Health; Flora A. Schmidt, Executive Director, Iowa Behavioral Health Association; Jane Wollum, Administrator, Johnson County Case Management; Cynthia Pederson, J.D., State Long-Term Care Ombudsman; Melissa Ahrens, Director of Integrated Programs, Community Support Advocates; Sara Hackbart, Health Home Program Manager, Amerigroup; and Shelly Chandler, Executive Officer, Iowa Association of Community Providers. The comments and corresponding responses from the Department are divided into ten topic areas as follows: 1. Additional clarification needed throughout Chapter 90. Twenty-nine comments were received on this topic. • Twenty-five comments requested clarification regarding how new Chapter 90 applies to integrated health home (IHH) non-intensive care management (ICM) members. Department response: The Department has added clarifying statements for each rule. The Department has also added statements clarifying that the requirements for this chapter apply to the IHH populations of habilitation services and the children’s mental health waiver, and not to the full IHH population. • Three comments asked to have additional words defined. Department response: The words “applicant” and “case management” are now defined in the chapter. The Department has taken the request to define the word “representative” under advisement, but has decided to not add the definition. “Representative” has many meanings depending upon how it is used. Leaving “representative” undefined in this chapter allows the broader meanings to all be acceptable. • One comment requested use of the term “IHH care coordination” instead of “IHH case management.” Department response: The term has been revised throughout the rule making as requested. 2. Location or method of contact. Seven comments were received on this topic. • Five comments related to the change in location of the case manager quarterly face-to-face contact and to the restrictions involved in using face-to-face or telephonic contact as the methods of required monthly contact. Department response: The Department has taken the suggestions under advisement, but has decided to not alter the chapter as suggested. The Department strongly believes that the case manager should have more direct interaction with the member and the guardian or representative to improve the case manager’s knowledge of the member’s residence in order to better assess and monitor member health, safety, and welfare. Members continue to have a choice in location and method of contact that is made outside of these three required contacts. • One comment asked the Department to specify under what circumstances the managed care organization (MCO) contact requirements might differ from the requirements in subrule 90.4(1). Department response: The Department has taken the comment under advisement, but has decided to not alter subrule 90.4(1) as suggested. This subrule was written without specificity to allow the Department future flexibility in MCO contract negotiation. • One comment requested that the Department reinstate the prior rule language that allowed for broader options of methods of communication between the member and case manager for most contacts. Department response: The Department has taken the comment under advisement, but has decided to not alter the chapter as suggested. In regard to the quarterly face-to-face contacts and the monthly face-to-face or telephonic contacts, the Department has purposely limited the method of contact in order to increase the case manager’s direct contact with the member and the guardian or representative. That increased direct contact should improve the case manager’s knowledge of the member’s residence in order to better assess and monitor member health, safety, and welfare. Members continue to have a choice in location and method of contact that is made outside of these three required contacts. 3. Core standardized assessments. Two comments were received on this topic. Commenters asked for clarification in regard to whether an MCO will perform the core standardized assessment or whether the MCO has the ability to transfer that responsibility to another entity. Department response: The Department has revised the definition of “core standardized assessment” in rule 441—90.1(249A) to state that an MCO shall either perform core standardized assessments for MCO-enrolled members or transfer the responsibility to another entity. 4. Targeted case management and the definition of “targeted population.” Three comments were received on this topic. Commenters asked for clarification of targeted case management and the definition of “targeted population.” Department response: Statements clarifying “targeted case management” and “targeted population” have been added to the chapter. 5. Person-centered planning. Nineteen comments were received on this topic. • Eight comments requested changes to the wording used in subrule 90.4(1) regarding person-centered service plans and the person-centered planning process. Department response: The Department has taken the comments under advisement, but has decided to not alter subrule 90.4(1) except as described in paragraph “6” below and except to add references to “guardian” to the subrule. The federal government has issued direction and guidance in relation to person-centered service plans and the person-centered planning process. The Department has purposefully chosen to not revise that wording other than to include a reference to “guardian” or “representative” wherever one term or the other is used. • Five comments were received regarding the person-centered planning format or tool. Requests were made to have the formats and tools identified in rule. Department response: The Department has taken the comments under advisement, but has decided to not make the suggested changes. The Department does not mandate or recommend any particular format or tool. If the case manager has options in either format or tool, then the member should have choice. • One comment stated that the term “case manager” did not apply to IHH care coordination. Department response: The definition of “case manager” in rule 441—90.1(249A) has been revised to explicitly include IHH care coordination for members participating in habilitation services and the children’s mental health waiver. • One comment requested the addition of the word “services” after any reference to HCBS. Department response: The Department has taken the comment under advisement, but has decided to not alter the rule as suggested. “HCBS” is an acronym for “home- and community-based services.” Adding the word “services” would be redundant. • One comment requested that numbered paragraph 90.4(1)“b”(3)“10” be removed because the commenter thought that there was no identification of the entity responsible for carrying out the requirement stated in the paragraph. Department response: The Department has taken the comment under advisement, but has decided to not remove or alter the paragraph. Paragraph 90.4(1)“b” already identifies the case manager as the person responsible for the person-centered service plan and processes. • One comment asked the Department to designate the risk assessment tool to be used for all members. Department response: The Department has taken the comment under advisement, but has decided to not alter the rules as requested. The Department has purposefully chosen to allow each case management provider to choose the risk assessment tool to be used. • One comment asked that a redundant mention of the 365-day cycle for service plan review and revision be removed. Department response: The Department has taken the comment under advisement, but has decided to not alter the language. The Department has purposefully used redundant language to stress the importance of the time frame. • One comment requested that the Department reinstate prior language regarding monitoring to use the word “may” instead of the word “shall.” Department response: The Department has taken the comment under advisement, but has decided to not alter the rule relating to monitoring. The Department purposefully revised the rule to use “shall” because the Department expects case managers to review provider service documentation to ensure the member is receiving services as authorized. 6. Assessments. Thirteen comments were received on this topic. • Three comments asked for clarification about the use of face-to-face or telephonic reassessments. Department response: Subrule 90.4(1) has been revised to indicate that only a Supports Intensity Scale® (SIS) assessment can be done telephonically, and then only when the situation meets the criteria outlined by the American Association on Intellectual and Developmental Disabilities (AAIDD), and to state that an interRAI reassessment cannot be done telephonically. • Three comments asked to add the reference for the core standardized assessment used for the habilitation population. Department response: Clarifying statements have been added to the definition of “core standardized assessment” and to subrule 90.4(1). • One comment stated that the term “comprehensive assessment” has not been defined in the rules. Department response: The word “comprehensive” in relation to assessments has been removed from the rules. • Two comments requested clarification of the statement that case managers may participate during the assessment or reassessment process at the request of the member. Department response: Subrule 90.4(1) has been clarified in response to this request. The commenters seemed to believe that the participation of the case manager in the assessment allows the case manager to become the assessor. This is not true. A trained assessor will always conduct the assessment. The case manager can participate just as a family member, representative, guardian, or provider can participate if chosen by the member. • One commenter requested that the Department require that the case manager always be present unless contraindicated by the member. Department response: The Department has taken the comment under advisement, but has decided to not alter the rule as suggested. While it is best practice that a case manager participates in the reassessment processes, the Department intends to allow member choice to take precedence. • One commenter requested that the word “applicant” be used in conjunction with any mention of initial assessments, and that the word ‘“member” be used in conjunction with reassessments. Department response: A definition of “applicant” has been added, and subrule 90.4(1) has been revised to refer to “applicant” as suggested, except in those parts of the subrule where federal guidance is used for the person-centered service plan and person-centered planning processes. • One commenter suggested that the definition of “core standardized assessment” be moved out of the definitions rule and into the body of the rules. Department response: The Department has taken the comment under advisement, but has decided to not alter the location of the definition. • One commenter suggested that the Department require the assessment to be sent to the interdisciplinary team (IDT) within 14 calendar days. Department response: The Department has taken the comment under advisement, but has decided to not alter the rule as suggested. 7. Covered services. Three comments were received on this topic. • One comment questioned the change in subrule 90.4(1) to require monitoring activities by the case manager and stated that the words “as needed” appear to cause confusion. Department response: The words “as needed” appeared in the proposed rules but have been removed upon revision. Monitoring is an integral part of case management and should be done as warranted by each individual situation. There are no frequency standards for this service. • Two comments regarding case manager monitoring of provider documentation asked the Department to change the word “shall” to the word “may.” Department response: The Department has taken the comment under advisement, but has decided to not alter the rule as suggested . The Department intends that case managers play a more active role in monitoring of provider documentation to gain better knowledge of the use of authorized services and of member welfare. At this time, the Department is not issuing guidance or mandates for this activity. 8. Billable activities. Two comments were received on this topic. • One comment questioned the limited number of activities that are considered as billable activities for fee-for-service (FFS) case management (not applicable to MCO- or IHH-enrolled populations). Department response: The Department has taken the comment under advisement, but has decided to not alter the rule in response to the comment. Informational Letter 1394, effective July 1, 2014, announced the then new limited billable activities list. This list was the consensus of a case management workgroup whose intention was to standardize billable activities in order to bring about standardization of provider rates. Billable activities were purposefully limited in order to stress the importance of completing case management activities efficiently. • One comment suggested that the Department annually adjust the FFS case management fee schedule to allow for wage and benefit increases. Department response: The Department has taken the comment under advisement, but has decided to not alter the rule as suggested. The Iowa Legislature determines when FFS provider rates are changed. If the Legislature mandates an increase, then the Department will comply. 9. 441—Chapter 24. One comment was received on this topic. • The commenter asked if a specific subrule of 441—Chapter 24 applied to IHH-enrolled providers. Department response: This rule making is applicable to Medicaid case management. Any questions related to 441—Chapter 24 should be addressed directly to the mental health and disability services staff. 10. Service provider requirements. Four comments were received on this topic. • One comment questioned whether the proposed changes to who must report incidents were adding in the types of staff responsible to report. Department response: The Department has taken the comment under advisement, but has decided to not alter the rule in response to the comment. This rule making implements a requirement that has been in practice for years and is already included in the Department’s other administrative rules. • One comment expressed concern about the removal of references to appeal rights from the chapter. Department response: The Department has taken the comment under advisement, but has decided to not alter the chapter in response to the comment. The Iowa Attorney General’s office advised removal of references to appeal rights because those rights are addressed under the Department’s other administrative rules. The intent is to avoid confusion due to the inclusion of these references in multiple rules. There is no effect on any member’s appeal rights by the removal of these references in this chapter. • Two comments were received in reference to use of a risk assessment and subsequent updates to the person-centered service plan based upon review of changes to the risk assessment. The commenter asked to have the updates made to a progress note or another place in the member record instead of in the service plan. Department response: The Department has taken the comment under advisement, but has decided to not alter the rule as requested. A progress note is not the person-centered service plan; it is merely a record of activities. The service plan drives how services are provided and is the living document used to communicate the services, or changes to services, to all providers and the others responsible for the plan. In addition to making the changes described above, the Department added four new items to update cross-references affected by the adoption of new Chapter 90. No other changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on January 8, 2020.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making actions are adopted:
ITEM 1. Amend subrule 73.5(2) as follows: 73.5(2) Community-based case management service. The managed care organization is required to provide services that meet requirements specified in the contract and in 441—subrule 90.5(1)441—Chapter 90. ITEM 2. Amend paragraph 78.27(6)"a" as follows: a. Scope.Case management services shall be provided as set forth in rules 441—90.5(249A) and 441—90.8(249A)441—90.4(249A) through 441—90.7(249A). ITEM 3. Amend paragraph 78.37(17)"a" as follows: a. Case management services shall be provided as set forth in rules 441—90.5(249A) and 441—90.8(249A)441—90.4(249A) through 441—90.7(249A). ITEM 4. Amend paragraph 78.43(1)"a" as follows: a. Case management services shall be provided as set forth in rules 441—90.5(249A) and 441—90.8(249A)441—90.4(249A) through 441—90.7(249A). ITEM 5. Amend subparagraph 83.2(1)"d" as follows: (1) The member’s designated case manager shall use the completed assessment to develop the comprehensive service plan as specified in rule 441—90.5(249A).441—paragraph 90.4(1)“b.” ITEM 6. Amend rule 441—83.7(249A), introductory paragraph, as follows:441—83.7(249A) Service plan. A service plan shall be prepared for health and disability waiver members in accordance with 441—paragraph 90.5(1)“b.”441—paragraph 90.4(1)“b.” Service plans for both children and adults shall be completed every 12 months or when there is significant change in the person’s situation or condition. ITEM 7. Amend paragraph 83.22(2)"a" as follows: a. Case management.Consumers under the elderly waiver shall receive case management services from a provider qualified pursuant to rule 441—77.29(249A). Case management services shall be provided as set forth in rules 441—90.5(249A) and 441—90.8(249A)441—90.4(249A) through 441—90.7(249A). ITEM 8. Rescind 441—Chapter 90 and adopt the following new chapter in lieu thereof: CHAPTER 90CASE MANAGEMENT SERVICESPreamble Case management services are designed to ensure the health, safety, and welfare of members by assisting them in gaining access to appropriate and necessary medical services and interrelated social, educational, housing, transportation, vocational, and other services. The term “case management” encompasses all categories of case management: targeted case management, case management and administrative case management provided to members enrolled in a 1915(c) waiver, community-based case management provided through managed care, and integrated health home (IHH) care coordination provided to the habilitation and children’s mental health waiver populations. If a part of these rules does not apply to all categories of case management, then the rule will clarify the affected category(ies). 441—90.1(249A) Definitions. "Adult" means a person 18 years of age or older on the first day of the month in which service begins. "Applicant" means a person who has applied for an HCBS waiver or habilitation program. "Care coordination" means the case management services provided by an integrated health home to members who are also receiving home- and community-based habilitation services pursuant to rule 441—78.27(249A) or HCBS children’s mental health waiver services pursuant to rules 441—83.121(249A) through 441—83.129(249A). "Case management" means the categories of case management: targeted case management, case management provided to members enrolled in a 1915(c) waiver, community-based case management provided through managed care, and integrated health home (IHH) care coordination provided to the habilitation and children’s mental health waiver populations. "Case manager" means the staff person providing all categories of case management services regardless of the entity providing the service or the program in which the member is enrolled, including IHH care coordination. "Child" means a person other than an adult. "Chronic mental illness" means a condition present in adults who have a persistent mental or emotional disorder that seriously impairs their functioning relative to such primary aspects of daily living as personal relations, living arrangements, or employment. The definition of chronic mental illness and qualifying criteria are found at rule 441—24.1(225C). For purposes of this chapter, people with mental disorders resulting from Alzheimer’s disease or substance abuse shall not be considered chronically mentally ill. "Community-based case manager" means the employee of a Medicaid-contracted managed care organization (MCO) who provides case management services to MCO-enrolled members. "Core standardized assessment" "CSA" means an assessment instrument for determining the suitability of non-institutionally based long-term services and supports for an individual. The instrument shall be used in a uniform manner throughout the state to determine an applicant’s or member’s needs for training, support services, medical care, transportation, and other services and to develop an individual service plan to address such needs. The core standardized assessment shall be performed by a contractor under the direction of the department for the fee-for-service population. MCOs shall perform core standardized assessments for MCO-enrolled members or shall delegate the responsibility for completion of assessments. 441—Chapter 83 designates the assessment and reassessment tools to be used for each HCBS waiver. 441—Chapter 78 designates the assessment and reassessment tools to be used for habilitation. "Department" means the department of human services. "Developmental disability" means a severe, chronic disability that is determined through professionally administered screening and evaluations and that:- Is attributable to a mental or physical impairment or combination of mental and physical impairments;
- Is manifested before the age of 22;
- Is likely to continue indefinitely;
- Results in substantial functional limitations in three or more of the following areas of major life activity: (a) self-care, (b) receptive and expressive language, (c) learning, (d) mobility, (e) self-direction, (f) capacity for independent living, and (g) economic self-sufficiency; and
- Reflects the person’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.
- Results in a physical injury to or by the member that requires a physician’s treatment or admission to a hospital;
- Results in the death of any person;
- Requires emergency mental health treatment for the member;
- Requires the intervention of law enforcement;
- Requires a report of child abuse pursuant to Iowa Code section 232.69, a report of dependent adult abuse pursuant to Iowa Code section 235B.3, or a report of elder abuse pursuant to Iowa Code chapter 235F; or
- Involves a member’s location being unknown by provider staff who are responsible for protective oversight.
- Results in the application of basic first aid;
- Results in bruising;
- Results in seizure activity;
- Results in injury to self, to others, or to property; or
- Constitutes a prescription medication error.
- An adult who is identified with a primary diagnosis of intellectual disability, chronic mental illness, or developmental disability; or
- A child who is eligible to receive HCBS intellectual disability waiver services or HCBS children’s mental health waiver services according to 441—Chapter 83.
Rule making related to the monthly standard deduction for personal care services at a residential care facility
The Human Services Department hereby amends Chapter 75, “Conditions of Eligibility,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249.12.Purpose and Summary This rule making will continue to allow an annual change in the statewide monthly standard deduction for personal care services provided in a licensed residential care facility (RCF) based on the Consumer Price Index (CPI) for All Urban Consumers. This annual change continues to benefit medically needy members who reside in licensed RCFs because it continues to allow personal care needs to be applied to the spenddown obligation.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 6, 2019, as ARC 4738C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on January 8, 2020.Fiscal Impact There is minimal fiscal impact expected as a result of this rule making. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making action is adopted:
ITEM 1. Amend subparagraph 75.1(35)"g" as follows: (2) Order of deduction. Spenddown shall be adjusted when a bill for a Medicaid-covered service incurred during the certification period has been applied to meet spenddown if a bill for a covered service incurred prior to the certification period is subsequently received. Spenddown shall also be adjusted when a bill for a noncovered Medicaid service is subsequently received with a service date prior to the Medicaid-covered service. Spenddown shall be adjusted when an unpaid bill for a Medicaid-covered service incurred during the certification period has been applied to meet spenddown if a paid bill for a covered service incurred in the certification period is subsequently received with a service date prior to the date of the notice of spenddown status.If spenddown has been met and a bill is received with a service date after spenddown has been met, the bill shall not be deducted to meet spenddown.Incurred medical expenses, including those reimbursed by a state or political subdivision program other than Medicaid, but excluding those otherwise subject to payment by a third party, shall be deducted in the following order:- Medicare and other health insurance premiums, deductibles, or coinsurance charges.
- An average statewide monthly standard deduction for the cost of medically necessary personal care services provided in a licensed residential care facility shall be allowed as a deduction for spenddown. These personal care services include assistance with activities of daily living such as preparation of a special diet, personal hygiene and bathing, dressing, ambulation, toilet use, transferring, eating, and managing medication.The average statewide monthly standard deduction for personal care services shall be based on the average per day rate of health care costs associated with residential care facilities participating in the state supplementary assistance program for a 30.4-day month as computed in the Compilation of Various Costs and Statistical Data (Category: All; Type of Care: Residential Care Facility; Location: All; Type of Control: All)by multiplying the previous year’s average per day rate by the inflation factor increase during the preceding calendar year ending December 31 of the Consumer Price Index for All Urban Consumers as published by the Bureau of Labor Statistics. The average statewide standard deduction for personal care services used in the medically needy program shall be updated and effective the first day of the first month beginning two full months after the release of the Compilation of Various Costs and Statistical Data for the previous fiscal year.
- Medical expenses for necessary medical and remedial services that are recognized under state law but not covered by Medicaid, chronologically by date of submission.
- Medical expenses for acupuncture, chronologically by date of submission.
- Medical expenses for necessary medical and remedial services that are covered by Medicaid, chronologically by date of submission.
Rule making related to medical and remedial services
The Human Services Department hereby amends Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” and Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary This rule making updates and clarifies language to reflect existing prescribed outpatient drug policies for qualified prescribers, reasons for nonpayments of drugs, covered nonprescription drugs, quantity prescribed, drug reimbursement methodology (including dispensing fee limitation) and credits for returned unit dose drugs not consumed. This rule making also adds language regarding initiation of refill requirements with the prohibition of automatic refills without the member’s consent and includes legislatively required prior authorization (PA) limitations on medication-assisted treatment (MAT), including opioid overdose treatment, under the pharmacy and medical benefits.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 20, 2019, as ARC 4763C. The Department received seven comments from two respondents regarding the proposed changes: Flora A. Schmidt, Executive Director, Iowa Behavioral Health Association; and Casey Ficek, J.D., Director, Public Affairs, Iowa Pharmacy Association. The comments and corresponding responses from the Department are divided into five topic areas as follows: 1. Nonpayment of drugs. Two comments were received on this topic. • One respondent commented that the rules, in not allowing payment for drug products administered in a practitioner’s office, outpatient clinic or infusion center, may limit access to MAT drugs at opioid treatment programs, MAT unit sites and mental health centers and substance abuse treatment facilities. The respondent requested deletion of the provision or its amendment, with exceptions for behavioral health facilities. • One respondent commented that not allowing payment for drug products administered in a practitioner’s office, outpatient clinic or infusion center, while current policy under Medicaid, has resulted in some access issues for certain therapies provided in an infusion center controlled setting for Medicaid patients and requested reconsideration. Department response: The Department will further research the access concerns identified in the comments before formalizing the policy in rule. The proposed statement has been removed from this adopted rule making. 2. Prior authorization for medication-assisted treatment drugs. Two comments were received on this topic. • One respondent recommended a formatting change for the rule language and requested deletion of added language, indicating that it was not in the legislative language for this requirement. Department response: The Department inserted a line break return after the last drug in the list in subrule 78.28(2). The language “opioid overdose agent” clarifies that naltrexone is approved by the Food and Drug Administration (FDA) for the treatment of opioid overdose. The Department revised the language to clarify concerns. • One respondent expressed support for the removal of the prior authorization requirements to increase access to treatment for opioid use disorder. Department response: The Department agrees with the comment. Increased access to treatment was the reason the Department initiated removal of the prior authorization requirement in the administrative rules. 3. Qualified prescriber. One comment was received on this topic. • One respondent expressed support for the change to eliminate the list of specific qualified prescribers to ensure that the list will not have to be continually updated to reflect future changes in state law. Department response: The Department agrees with the comment, and this was the reason the Department initiated removal of the prescriber list in the administrative rules. 4. Professional dispensing fee. One comment was received on this topic. • One respondent expressed concerns about how one dispensing per month may affect patients seeking to utilize medication synchronization services, patients residing in nursing home and long-term care facilities, and prepacked drugs in less than a 30-day supply (for example, oral contraceptives). Department response: Medication synchronization services are not a currently covered policy under Medicaid, and this rule language will not change that. If a pharmacy makes a business model decision to service nursing homes and long-term care facilities, that pharmacy has the ability to continue billing according to its existing process (for example, less than a month’s supply). However, a dispensing fee will only be reimbursed once a month for maintenance drugs. Additionally, the pharmacy may choose to accumulate the billing to once a month as is the current process these pharmacies utilize for controlled substances. Lastly, the dispensing fee programming takes into account the monthly package size in allowing reimbursement of a dispensing fee in accordance with the refill tolerance of 90 percent consumption. Reimbursement of a dispensing fee would be allowed on a 28-day oral contraceptive when the refill is allowed on the 25th day. The Department updated the dispensing fee language in this rule making to account for the refill tolerance. 5. Unit dose packaging credits. One comment was received on this topic. • A respondent commented that returns of unit dose packaging by a pharmacy must be consistent with Iowa Board of Pharmacy’s rules and that the Department’s rule language would result in pharmacies losing the cost of the medication returned and credited. Department response: The Department agrees that a pharmacy must follow the Iowa Board of Pharmacy’s rules on drug returns and has added that wording to these rules to clarify. This language is consistent with guidance in Informational Letter No. 497 released on April 21, 2006, and in the Prescribed Drugs Provider Manual. Following review of the comments related to the proposed rule making, the Department has made the following changes from the Notice: 1. Removed proposed subparagraph 78.2(4)“b”(13), which would have prohibited payment for drug products administered in a practitioner’s office, outpatient clinic or infusion center. 2. Revised new subrule 78.28(2) in Item 17 to include the clarifications described above. The subrule now reads as follows: “78.28(2) Notwithstanding the provisions of 78.28(1)“a,” under both Medicaid fee-for-service and managed care administration, at least one form of each of the following drugs for medication-assisted treatment as approved by the United States Food and Drug Administration for treatment of substance use disorder or overdose treatment will be available without prior authorization: “a. Buprenorphine, “b. Buprenorphine and naloxone combination, “c. Methadone, “d. Naltrexone, and “e. Naloxone. “For the purpose of this subrule, “medication-assisted treatment” means the medically monitored use of certain substance use disorder medications in combination with treatment services.” 3. Added clarifying language to subparagraph 79.1(8)“c”(2) and paragraph 79.1(8)“d” in Item 19. Specifically, the phrase “accounting for the refill tolerance of 90 percent consumption” was added to subparagraph 79.1(8)“c”(2), and the phrase “consistent with the Iowa board of pharmacy’s rules on return of drugs” was added to paragraph 79.1(8)“d.”Adoption of Rule Making This rule making was adopted by the Council on Human Services on January 8, 2020.Fiscal Impact Removal of clinical PA for MAT drugs is projected to have the following impacts: • For the pharmacy benefit: It is estimated removing the PA requirement will result in additional expenditures for this category of drugs. There will be increased prescribing/utilization. • Pharmacy benefit increased expenditures are estimated at the following: Total dollars before rebates $80,000 ($24,000 state share); $35,000 net of rebates ($10,500 state share). The state share is based on a blend between the traditional Medicaid and Iowa Health and Wellness Plan populations. This fiscal impact is a combined total for both fee-for-service (FFS) and managed care programs. • There are no associated programming costs with this change. • For the medical benefit: There is no fiscal impact as none of these drugs require a PA under the medical benefit. • Medical contracts: No impact is projected to the medical contracts general fund appropriation. Enforcement of the dispensing fee allowance on maintenance drugs is projected to have the following impacts: • Clarifying the quantity prescribed and dispensing fee allowance could result in savings to the Medicaid program in cases where a pharmacy has been reimbursed greater than one dispensing fee per drug per member per month for maintenance drugs. • The annualized savings are projected to be as follows per program based on the current dispensing fee of $10.07 and current utilization: ○ FFS $31,418 total (state and federal) dollars (based on April 2019 data and annualized). ○ Amerigroup $336,000 (based on April 2019 data and annualized). ○ UnitedHealthcare $660,965 (based on March 2019 data and annualized). For both changes, PA removal and limit of one dispensing fee, the managed care organization (MCO) cost impact is part of the capitation rate setting.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making actions are adopted:
ITEM 1. Amend subrule 78.1(18) as follows: 78.1(18) Payment and procedure for obtaining eyeglasses, contact lenses, and visual aids, shall be the same as described in 441—78.6(249A). (Cross reference 78.28(3)78.28(4)) ITEM 2. Adopt the following new subrule 78.1(25): 78.1(25) Prior authorization for medication-assisted treatment shall be governed pursuant to subrule 78.28(2). ITEM 3. Amend subrules 78.2(1) to 78.2(6) as follows: .(1) Qualified prescriber. All drugs are covered only if prescribed by a legally qualified practitioner (physician, dentist, podiatrist, optometrist, physician assistant, or advanced registered nurse practitioner). Pursuant to Public Law 111-148, Section 6401, any practitioner prescribing drugs must be enrolled with the Iowa Medicaid enterprise in order for such prescribed drugs to be eligible for payment. .(2) Prescription required. As a condition of payment for all drugs, including “nonprescription” or “over-the-counter” drugs that may otherwise be dispensed without a prescription, a prescription shall be transmitted as specified in Iowa Code sections 124.308 and 155A.27, subject to the provisions of Iowa Code section 155A.29 regarding refills. All prescriptions shall be available for audit by the department. .(3) Qualified source. All drugs are covered only if marketed by manufacturers that have signed a Medicaid rebate agreement with the Secretary of Health and Human Services in accordance with Public Law 101-508 (Omnibus Budget Reconciliation Act of 1990). .(4) Prescription drugs. Drugs that may be dispensed only upon a prescription are covered subject to the following limitations. a. Prior authorization is required as specified in the preferred drug list published by the department pursuant to Iowa Code section 249A.20Aas amended by 2010 Iowa Acts, Senate File 2088, section 347. (1) For any drug requiring prior authorization, reimbursement will be made for a 72-hour or three-day supply dispensed in an emergency when a prior authorization request cannot be submitted. (2) Unless the manufacturer or labeler of a mental health prescription drug that has a significant variation in therapeutic or side effect profile from other drugs in the same therapeutic class enters into a contract to provide the state with a supplemental rebate, the drug may be placed on the preferred drug list as nonpreferred, with prior authorization required. However, prior authorization shall not be required for such a drug for a member whose regimen on the drug was established before January 1, 2011, as verified by documented pharmacy claims. (3) For mental health prescription drugs requiring prior authorization that have a significant variation in therapeutic or side effect profile from other drugs in the same therapeutic class, reimbursement will be made for up to a seven-day supply pending prior authorization. A request for prior authorization shall be deemed approved if the prescriber:- Has on file with the department current contact information, including a current fax number, and a signed Form 470-4914, Fax Confidentiality Certificate, and
- Does not receive a notice of approval or disapproval within 48 hours of a request for prior authorization.
- Respite care, which is a temporary intermission or period of rest for the caregiver.
- Nurse supervision services including chart review, case discussion or scheduling by a registered nurse.
- Services provided to other persons in the member’s household.
- Services requiring prior authorization that are provided without regard to the prior authorization process.
- Transportation services.
- Homework assistance.
- Educational purposes when the member is participating in primary or secondary education or in a postsecondary academic program leading to a degree and an in-office comparison of an analog aid and a digital aid matched (+/- 5dB) for gain and output shows a significant improvement in either speech recognition in quiet or speech recognition in noise or an in-office comparison of two aids, one of which is single channel, shows significantly improved audibility.
- Vocational purposes when documentation submitted indicates the necessity, such as varying amounts of background noise in the work environment and a need to converse in order to do the job, and an in-office comparison of an analog aid and a digital aid matched (+/- 5dB) for gain and output shows a significant improvement in either speech recognition in quiet or speech recognition in noise or an in-office comparison of two aids, one of which is single channel, shows significantly improved audibility.
- The average state actual acquisition cost (AAC), determined pursuant to paragraph 79.1(8)“b,” plus the professional dispensing fee determined pursuant to paragraph 79.1(8)“c.”79.1(8)“c”;
- The federal upper limit (FUL), defined as the upper limit for a multiple source drug established in accordance with the methodology of the Centers for Medicare and Medicaid Services as described in 42 CFR 447.514(a)-(c), plus the professional dispensing fee determined pursuant to paragraph 79.1(8)“c.”79.1(8)“c”;
- The total submitted charge., represented by the lower of the gross amount due (GAD) as defined by the National Council for Prescription Drug Programs (NCPDP) standards definition, or the ingredient cost submitted plus the state defined professional dispensing fee, determined pursuant to paragraph 79.1(8)“c”; or
- Providers’ usual and customary charge to the general public.
- The average state AAC, determined pursuant to paragraph 79.1(8)“b,” plus the professional dispensing fee determined pursuant to paragraph 79.1(8)“c.”79.1(8)“c”;
- The total submitted charge., represented by the lower of the GAD as defined by the NCPDP standards definition, or the ingredient cost submitted plus the state defined professional dispensing fee; or
- Providers’ usual and customary charge to the general public.
- The submitted 340B covered entity actual acquisition cost (not to exceed the 340B ceiling price), submitted in the ingredient cost field, plus the professional dispensing fee pursuant to paragraph 79.1(8)“c”;
- The average state AAC determined pursuant to paragraph 79.1(8)“b” plus the professional dispensing fee pursuant to paragraph 79.1(8)“c”;
- For generic prescription drugs and nonprescription drugs only, the FUL pursuant to 79.1(8)“a”(1)“2” plus the professional dispensing fee pursuant to paragraph 79.1(8)“c”;
- The total submitted charge, represented by the GAD as defined by the NCPDP standards definition; or
- Providers’ usual and customary charge to the general public.
Rule making related to Medicaid payments to nursing facilities
The Human Services Department hereby amends Chapter 81, “Nursing Facilities,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary The Department adopts these amendments in order to provide clarification on the treatment of depreciation when a change of nursing facility ownership occurs. The amendments clarify leasing arrangements, update the Iowa Medicaid Enterprise (IME) mailing address, and make changes to reflect current operations of IME.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 6, 2019, as ARC 4740C. The Department received 34 comments from four respondents on the proposed amendments. A summary of the comments and the corresponding responses from the Department are as follows: 1. Four respondents asked about the intent of IME in changing the lease rule. Department response: The Provider Cost Audit and Rate Setting Unit of the Department worked with IME policy staff and the Attorney General’s office on the intent of the nursing facility leasing rule. It was determined that the rule should be updated to more clearly present the intent of the rule and clearly identify allowable lessor costs. 2. Two respondents asked whether IME can clearly identify acceptable sources for reporting landlord costs. Department response: The amendments identify allowable landlord costs. Acceptable sources for these costs would be documentation that can be provided to support the amounts being reported. 3. Two respondents commented that there are specific examples where the landlord may not maintain information on a specific property when it is part of a larger group of properties. The respondents asked that additional information be provided on this topic in the provider manual. Department response: The Department will make updates to the provider manual based on the rule change. 4. Three respondents asked whether the Department can provide an initial schedule or form for each of the respondents’ clients impacted by this rule change and use historical data to populate the form. Department response: The Department will not provide such a form because the Department does not have access to all historical data for providers. 5. Three respondents asked whether providers will be informed of amounts IME has determined to be allowable, and if so, on what date that information will be given to providers. Department response: Providers are responsible for supporting cost information included on the financial and statistical report. If adjustments are made by IME to reimbursable costs, those adjustments will be sent to the provider for review, as is the current practice. 6. Two respondents commented that the historical basis only references depreciable fixed assets. The respondents asked if the value of the land or other assets can be used in the calculation. Department response: The question seems to be related to the calculation of a Reasonable Rate of Return. Paragraph 81.6(11)“m” states “historical cost of the facility.” This can include land at its historical cost but would not include other assets. 7. Two respondents commented that in the past, some landlord companies have preferred to not provide their cost information directly to the tenant. The respondents asked if there has been consideration of a separate reporting procedure for the nonrelated party lessors to transmit their cost information to IME. Department response: If a lessor does not provide the required information or does not support what is provided, the terms of cost should not be included as a reimbursable cost or can be removed from reimbursable cost by IME. 8. Three respondents commented about the verbiage used referring to “tax cost” and asked what the definition of “tax cost” is, what the impact of using tax cost would be, and whether there would be additional record-keeping requirements related to tax cost. Department response: The use of the words “tax cost” in subrule 81.6(11) was not changed in this rule making, and there is no change to current usage. Tax cost is the historical cost of an asset, and depreciation is to be calculated based on the straight-line basis. Therefore, there is no impact on providers, and there are no additional schedules that need to be created. 9. One respondent asked whether, if there is no existing determination of the financial impact to providers, the Department will consider delaying the effective date until that calculation can be determined. Department response: There have been no discussions on delaying the rule change. 10. One respondent commented on the area of reporting and that the providers potentially impacted have limited access to historical information that may be necessary to comply with the changes. Department response: The analysis of the underlying information can be very complex and labor-intensive. The respondent asked whether the rule changes can be delayed until the specific providers are identified and the potential impact determined. There have been no discussions on delaying the rule making. If a provider has been through a change of ownership or leases the facility where services are provided, the provider may be impacted. 11. One respondent asked the Department to clarify how the treatment of depreciation will change following a change of ownership. Department response: The treatment of depreciation following a change of ownership should not change. The asset cost basis and depreciation for assets purchased by the previous owner are carried forward to the new owner. The new owner has been limited to the previous owner’s cost basis in the asset (historical cost). 12. One respondent asked the Department to estimate how many providers could be impacted by the proposed rule changes. Department response: If a provider has been through a change of ownership or leases the facility where services are provided, the provider may be impacted. Based on the FY 2018 financial and statistical reports, there were 146 providers that had some amount of lease expenses reported on Schedule C, line 87 (facility lease), column 1 (expenses per the general ledger). Some of these providers may be leasing space other than the facility where services are provided. 13. One respondent asked if the rule changes impact both related party leases and nonrelated party leases. Department response: Both related party and nonrelated party leasing arrangements would be impacted. 14. One respondent asked what changes to the annual cost report would need to be implemented. Department response: It is not anticipated that any changes to the financial and statistical report are necessary based solely on the amendments in this rule making. 15. One respondent asked what changes to the provider manual for cost reporting would be necessary. Department response: The provider manual will be updated as a result of this rule making. 16. One respondent asked to have IME provide instructions detailing the information that would be required from the prior owner and the new owner based on these rule changes. Department response: Providers are responsible for being able to support all cost information that is included on the financial and statistical report. 17. One respondent asked if the provisions in the rule making will apply to all providers, including those in other cost-based programs, and not just to leased facilities in the nursing facility program. Department response: This rule making is only for the nursing facility program. 18. One respondent stated that the respondent’s clients are concerned that the use of historical basis as a source of the calculation will not represent the full capital investment of the current property owners, especially those whose properties have undergone physical renovation. Department response: Any depreciation on improvements or capital assets purchased by the lessor can be allowed depreciation. The cost basis of the items purchased through a change of ownership must be reported, and depreciation must be based on the historical cost of the program in the hands of the original owner when the facility entered the Medicaid program. This does not change with this rule making; however, providers should ensure that depreciation of capital assets that have changed hands through a change in ownership is reported this way. 19. One respondent asked if IME intends to send information or instructional letters limited to those providers that may be impacted by the rule change. Department response: IME does not intend to send information or instructional letters to only those providers that are impacted. If a provider has been through a change of ownership or leases the facility where services are provided, the provider may be impacted. IME does intend to send a general informational letter about the rule change. 20. One respondent asked if IME is proposing a method or some type of forum for the affected landlords and facility operators to work together to develop a timeline of information-reporting for the calculation of provider payment rates. Department response: A forum for affected landlords and providers has not been discussed. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Resources on January 8, 2020.Fiscal Impact Without having all of the lessors’ financial data relating to ownership of the facilities in leasing arrangements and comparing to lease expenses being paid by the facilities, it would be impossible to determine what the impact of these rules would be on the facilities. However, given the scope of the change coupled with the fact that providers do not receive reimbursement at full cost through their per diem, the rule is expected to have a relatively minimal impact.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making actions are adopted:
ITEM 1. Amend subrule 81.6(6) as follows: 81.6(6) Census of public assistance recipientsMedicaid members. Census figures of public assistance recipientsMedicaid members shall be obtained on the last day of the month ending the reporting period. ITEM 2. Rescind paragraph 81.6(11)"j" and adopt the following new paragraph in lieu thereof: j. For financial and statistical reports received after March 18, 2020, the depreciation, as limited in this rule, may be included as an allowable patient cost. (1) Limitation on calculation. Depreciation shall be calculated based on the tax cost using only the straight-line method of computation and recognizing the estimated useful life of the asset as defined in the most recent edition of the American Hospital Association Useful Life Guide. (2) Limitation—full depreciation. Once an asset is fully depreciated, no further depreciation shall be claimed on that asset. (3) Change of ownership. Depreciation is further limited by the limitations in subrule 81.6(12). ITEM 3. Rescind paragraph 81.6(11)"m" and adopt the following new paragraph in lieu thereof: m. For financial and statistical reports received after March 18, 2020, the following definitions, calculations, and limitations shall be used to determine allowable rent expense on a cost report. (1) Landlord’s other expenses. Landlord’s other expenses are limited to amortization, mortgage interest, property taxes unless claimed as a lessee expense, utilities paid by the landlord unless claimed as a lessee expense, property insurance, and building maintenance and repairs. (2) Reasonable rate of return. Reasonable rate of return means the historical cost of the facility in the hands of the owner when the facility first entered the Medicaid program multiplied by the 30-year Treasury bond rate as reported by the Federal Reserve Board at the date of lease inception. (3) Nonrelated party leases. When the operator of a participating facility rents from a party that is not a related party, as defined in paragraph 81.6(11)“l,” the allowable cost report rental expense shall be the lesser of: 1. Lessor’s annual depreciation as identified in paragraph 81.6(11)“j” plus the landlord’s other expenses, plus a reasonable rate of return; or 2. Actual rent payments. (4) Related party leases. When the operator of a participating facility rents from a related party, as defined in paragraph 81.6(11)“l,” the allowable cost report rental expense shall be the lesser of: 1. Lessor’s annual depreciation as identified in paragraph 81.6(11)“j” plus the landlord’s other expenses; or 2. Actual rent payments. ITEM 4. Amend subparagraph 81.6(16)"h" as follows: (5) Submission of request. A facility shall submit a written request for the capital cost per diem instant relief add-on, the enhanced non-direct care rate component limit, or a preliminary evaluation of whether a project may qualify for additional reimbursement to the Iowa Medicaid Enterprise, Provider Cost Audit and Rate Setting Unit, 100 Army Post RoadP.O. Box 36450, Des Moines, Iowa 50315. A qualifying facility may request one or both types of additional reimbursement.- A request for the capital cost per diem instant relief add-on may be submitted no earlier than 30 days before the complete replacement, new construction, or major renovations are placed in service.
- A request for the enhanced non-direct care rate component limit may be submitted with a request for a capital cost per diem instant relief add-on or within 60 days after the release of a rate determination letter reflecting a change in the non-direct care rate component limit.
- A request for a preliminary evaluation may be submitted when a facility is preparing a feasibility projection for a construction or renovation project. A preliminary evaluation does not guarantee approval of the capital cost per diem instant relief add-on or enhanced non-direct care rate component limit upon submission of a formal request.
- The release of personal and clinical records to a health care institution to which the resident is transferred; or
- A record release that is required by law.
- Entering data. Within seven days after a facility completes a resident’s assessment, a facility shall enter the following information for the resident into a computerized format that meets the specifications defined in numbered paragraphs “2” and “4” below.
- Admission assessment.
- Annual assessment updates.
- Significant change in status assessments.
- Quarterly review assessments.
- A subset of items upon a resident’s transfer, reentry, discharge, and death.
- Background (face sheet) information, if there is no admission assessment.
- Transmitting data. Within seven days after a facility completes a resident’s assessment, a facility shall be capable of transmitting to the state each resident’s assessment information contained in the MDS in a format that conforms to standard record layouts and data dictionaries and that passes edits that ensure accurate and consistent coding of the MDS data as defined by the Centers for Medicare and Medicaid Services (CMS) and the department of human services or the department of inspections and appeals.
- Monthly transmittal requirements. On at least a monthly basis, a facility shall input and electronically transmit accurate and complete MDS data for all assessments conducted during the previous month, including the following:
- Admission assessment.
- Annual assessment.
- Significant correction of prior full assessment.
- Significant correction of prior quarterly assessment.
- Quarterly review.
- A subset of items upon a resident’s transfer, reentry, discharge, and death.
- Background (face sheet) information, for an initial transmission of MDS data on a resident who does not have an admission assessment.
- The facility must transmit MDS data in the ASCII format specified by CMS.
Rule making related to eliminating the application fee for child support recovery
The Human Services Department hereby amends Chapter 95, “Collections,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 217.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 252B.4.Purpose and Summary This rule making aligns the Department’s rules about child support recovery with recent legislative changes. 2019 Iowa Acts, Senate File 605, amended Iowa Code chapter 252B to eliminate the customer-paid application fee.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 20, 2019, as ARC 4764C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on January 8, 2020.Fiscal Impact 2019 Iowa Acts, Senate File 605, also amended Iowa Code chapter 252B to increase the annual fee for nonassistance child support cases. Because the legislation coupled the loss of the application fee with the increase in the annual fee, there is no fiscal impact in these changes.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making actions are adopted:
ITEM 1. Amend subrule 95.2(4) as follows: 95.2(4) Application for services. a. A person who is not on public assistance requesting services under this chapter, except for those persons eligible to receive support services under paragraphs 95.2(2)“a,” “b,” and “c,” shall complete and return Form 470-0188, Application for Nonassistance Support Services, for each parent from whom the person is seeking support. (1) a. The application shall be returned to the child support recovery unit serving the county where the person resides. If the person does not live in the state, the application form shall be returned to the county in which the support order is entered or in which the other parent or putative father resides. (2) b. The person requesting services has the option to seek support from one or both of the child’s parents. b. An individual who is required to complete Form 470-0188, Application for Nonassistance Support Services, shall be charged an application fee in the amount set by statute. The unit shall charge one application fee for each parent from whom support is sought. The unit shall charge the fee at the time of initial application and any subsequent application for services. The individual shall pay the application fee to the local child support recovery unit before services are provided. ITEM 2. Amend subrule 95.18(3) as follows: 95.18(3) Reapplication for services. A person whose services were denied or terminated may reapply for services under this chapter by completing the application process and paying the application fee described in subrule 95.2(4). [Filed 1/9/20, effective 3/18/20][Published 2/12/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/12/20.ARC 4910CInsurance Division[191]Adopted and FiledRule making related to insurance producers
The Insurance Division hereby amends Chapter 10, “Insurance Producer Licenses and Limited Licenses,” Chapter 11, “Continuing Education for Insurance Producers,” Chapter 13, “Consent for Prohibited Persons to Engage in the Business of Insurance,” and Chapter 48, “Viatical and Life Settlements,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 505.8, 508E.19, 522A.7, 522B.18 and 522E.14.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 252J, 261, 505, 508E, 522A, 522B and 522E.Purpose and Summary The amendments to these chapters are a result of the Division’s five-year review of rules. The amendments generally update the chapters by removing unnecessary language, removing duplicative definitions, and reflecting current practices. The most significant changes to Chapter 48 are due to aligning the requirements for viatical settlement brokers to those for producers in Chapters 10 and 11 to establish a uniform process and changing the license and continuing education term to align with the statutes. A reissuance fee is added to Chapters 10 and 48 to correspond to the reinstatement fee. The Division processes only a few of these reissuances each year. Finally, the rule making updates the reinstatement procedures to prohibit reinstatement prior to the end of a suspension period regardless of the timing of the licensure term since this requirement is not expressly stated in the rules and has caused confusion among producers.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 18, 2019, as ARC 4821C. A public hearing was held on January 7, 2020, at 10 a.m. at the Division’s offices, Fourth Floor, Two Ruan Center, 601 Locust Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. The Division made a slight change to subrule 10.12(4) to clarify the amount of time a producer has to change the producer’s address after a resident license termination. Also, cross-references in subrule 10.10(1) were corrected to reflect the consolidation of rules 191—10.21(261) and 191—10.23(82GA,SF2428). Finally, a cross-reference in subrule 48.3(8) was corrected due to the addition of new paragraphs in subrule 10.10(2).Adoption of Rule Making This rule making was adopted by Douglas Ommen, Iowa Insurance Commissioner, on January 22, 2020.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. While these rules do add a reissuance fee, the Division has only processed five such reissuances since 2017. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers These rules do not include a provision for the waiver of a rule because the Division’s general waiver rules of 191—Chapter 4 apply. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making actions are adopted:
ITEM 1. Amend subrule 10.1(2) as follows: 10.1(2) These rules are authorized by Iowa Code section 505.8 and are intended to implement Iowa Code chapters 252J, 261272D and 522B. ITEM 2. Amend rule 191—10.2(522B) as follows:191—10.2(522B) Definitions. In addition to the definitions in 191—1.1(502,505), the following definitions apply: "Appointment" means a notification filed with the division or its designated vendor that an insurer has established an agency relationship with a producer. A company filing such a request must verify that the producer is licensed for the appropriate line(s) of authority. "Birth month" means the month in which a producer was born. "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity. "Commissioner" means the Iowa insurance commissioner. "CSAC" means college student aid commission. "CSRU" means child support recovery unit. "Division" means the Iowa insurance division. "Home state" means the District of Columbia andor any state or territory of the United States in which a producer maintains the producer’s principal place of residence or principal place of business and is licensed to act as a producer. "Individual" means a private or natural person, as distinguished from a partnership, corporation or association. "Insurance" means any of the lines of insurance listed in subrule 10.7(1)rule 191—10.7(522B). "License" means the division’s authorization for a person to act as a producer for the authorized lines of insurance. "License number" means the National Insurance Producer Registry (NIPR) national producer number (NPN) issued to all licensees whose license records exist in the state producer licensing database (SPLD). For purposes of this definition, “state producer licensing database (SPLD)” means the national database of producers maintained by the National Association of Insurance Commissioners (NAIC), its affiliates or subsidiaries. "National Insurance Producer Registry" "NIPR" means the nonprofit affiliate of the National Association of Insurance Commissioners (NAIC). The NIPR’s Web sitewebsite is www.NIPR.com. "Negotiate" means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms or conditions of the contract provided that the person engaged in that act either sells insurance or obtains insurance for purchasers. "NIPR Gateway" means the communication network developed and operated by NIPR that links state insurance regulators with the entities they regulate to facilitate the electronic exchange of producer information regarding license applications, license renewals, appointments and terminations. "Nonresident" means a person whose home state is not Iowa. "Notification" means a written or electronic communication from a producer to the division. "Person" means an individual or a business entity. "Producer" "insurance producer" means a person required to be licensed in this state to sell, solicit or negotiate insurance. "Producer renewal notice" means an electronic communication issued by the division to inform a producer about license renewal. "Resident" means a person whose home state is Iowa. "Sell" means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurer. "Solicit" "solicitation" means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. "Termination" means that an insurer has ended its agency relationship with a producer. "Termination for cause" means that an insurer has ended its agency relationship with a producer for one of the reasons set forth in Iowa Code section 522B.11. "Uniform application" means the National Association of Insurance Commissioners’ uniform application for resident and nonresident insurance producer licensing, as it appears on the NAIC Web sitewebsite. ITEM 3. Amend subrule 10.3(3) as follows: 10.3(3) A person shall not advise an Iowa resident to cancel, not renew, or otherwise change an existing insurance policy unless that person holds an Iowa producer license regarding the line of insurance for which the advice is given. This subrule shalldoes not apply to a licensed attorney or certified public accountant who does not sell or solicit insurance. ITEM 4. Amend subrule 10.4(2) as follows: 10.4(2) Examinations are conducted by the outside testing service on contract with the division. Applications and fees for examinations and for initial producer licensing will be submitted either to the outside testing service on contract with the division or as directed by the division. Instructions are available aton the division’s Web site: www.iid.state.ia.uswebsite. ITEM 5. Amend subrule 10.4(5) as follows: 10.4(5) Amendments to producer licenses shall be done either by an outside vendor or by the division, as directed by the division. Any licensed producer desiring to become licensed in an additional line of authority shallmust: a. Submit a completed uniform application form through the NIPR Gateway or as directed by the division, specifying the line(s) of authority requested to be added. Instructions are available aton the division’s Web site: www.iid.state.ia.uswebsite; and b. For each line of authority requested to be added, pass any required examination. ITEM 6. Amend subrule 10.4(7) as follows: 10.4(7) To receive a license for excess and surplus lines, the applicant must have successfully completed the excess and surplus lines examination and also have successfully completed either: (1) the examinations for property and casualty lines of authority; or (2) the examinationexaminations for personal lines of authority and the commercial insurance subject examination. ITEM 7. Amend rule 191—10.6(522B) as follows:191—10.6(522B) Issuance of license. 10.6(1) AIn order to be issued a producer license, a person who meetsmust meet the requirements of Iowa Code sections 522B.4 and 522B.5, or section 522B.7, and ofand rule 191—10.5(522B), unless otherwise denied licensure pursuant to Iowa Code section 522B.11 or rule 191—10.20(522B), shall be issued a producer license. AThe initial term of a producer license shall remain in effect for an initial term ofis three yearsand ends after the last day of the applicant’s birth month of the year the license was issued, unless revoked or suspended. A license may be continually renewed pursuant to rule 191—10.8(522B) as long as the proper fees are paid and home state continuing education requirements are met. A renewal term is three years. If not renewed, a producer license automatically terminates on the last day of the month of the initial or renewal term. 10.6(2) An individual producer whose license has expired may seek reinstatement as set forth in rule 191—10.9(522B). 10.6(3) The license shall contain the producer’s name, address, license number, date of issuance, date of expiration, the line(s) of authority held, and any other information the division deems necessary. The license number shall be the same as the producer’s National Insurance Producer Registry (NIPR) national producer number (NPN). 10.6(4) If the division issues or renews a producer license and subsequently determines that payment for the license or renewal was returned to the division by a bank without payment, or that the credit card company does not approve,or cancels, or refuses amounts charged to the credit card, the license shallmust be immediately suspended until the payments are made and any fees or penalties charged by the division are paid, at which time the license may be reinstated. The individual may request a hearing within 30 days of receipt ofthe division’s notice by the division that the license was suspended. ITEM 8. Amend rule 191—10.7(522B) as follows:191—10.7(522B) License lines of authority. In addition to the lines of authority listed in Iowa Code subsection 522B.6(2), the following lines of authority also are available for issuance in Iowa: crop;, surety;, and reciprocal (any other line of insurance issued in another state and for which Iowa grants authority to sell, solicit or negotiate in this state). ITEM 9. Amend rule 191—10.8(522B) as follows:191—10.8(522B) License renewal. 10.8(1) Upon request by alicensed producer, the division shallmust electronically transmit a producer renewal notice to a licensed producer at the producer’s last-known electronic mail address as it appears in division records. If the division has received notification that the electronic address of record is no longer valid, no renewal notice will be transmitted. 10.8(2) A producer must apply for license renewal within 60during the 90 days prior to the expiration date of the license. Failure to apply to renew a license and pay appropriate fees prior to the expiration date of the license will result in expiration of the license. 10.8(3) A producer may submit an electronic mail address to the division as directed by the division. 10.8(4) Resident producer licenses may be renewed electronically through the NIPR Gateway at www.NIPR.com. 10.8(5) Nonresident producer licenses mayonly be renewed only through the NIPR Gateway, or as otherwise directed by the division. ITEM 10. Amend rule 191—10.9(522B) as follows:191—10.9(522B) License reinstatement. 10.9(1) A resident producer may reinstate an expired license up to 12 months after the license expiration date by proving that during the CEapplicable continuing education (CE) term the producer met the CE requirements found in 191—Chapter 11, and by paying a reinstatement fee anda license renewal feesfee. A resident producer who fails to apply for license reinstatement within 12 months of the license expiration date must apply for a new license. 10.9(2) A nonresident producer may reinstate an expired license up to 12 months after the expiration date by submitting a request through the NIPR Gateway and by paying a reinstatement fee anda license renewal fee. After the 12-month period, aA nonresident producer must apply for a new licensewho fails to apply for a license reinstatement within 12 months of the license expiration date must apply for license reissuance. 10.9(3) A producer who has surrendered a license for a nondisciplinary reason and stated an intent to exit the insurance business may file a request to reactivate the license. The request must be received at the division within 90 days of the date the license was placed on inactive status. The request will be granted if the former producer is otherwise eligible to receive the license. If the request is not received within 90 days, the producer must apply for a new license. ITEM 11. Amend rule 191—10.10(522B) as follows:191—10.10(522B) Reinstatement or reissuance of a license after suspension, revocation or forfeiture in connection with disciplinary matters; and forfeiture in lieu of compliance. 10.10(1) Terminology. The term “reinstatement” as used in this rule means the reinstatement of a suspended license. The term “reissuance” as used in this rule means the issuance of a new license following either the revocation of a license, the suspension and subsequent termination of a license, or the forfeiture of a license in connection with a disciplinary matter, including but not limited to proceedings pursuant to rulesrule191—10.21(252J,272D), 191—10.22(261) and 191—10.23(82GA,SF2428). This rule does not apply to the reinstatement of an expired licenseor the issuance of a new license that is not in connection with a disciplinary matter. 10.10(2) Application required. Any producer whose license has been revoked or suspended by order, or who forfeited a license in connection with a disciplinary matter, maymust apply to the commissioner for reinstatement or reissuance in accordance with the terms of the order of revocation or suspension or the order accepting the forfeiture. a. All proceedings for reinstatement or reissuance shallmust be initiated by the applicant, who shall file with the commissioner an application for reinstatement or reissuance of a licenseIowa Insurance Producer Application for Reinstatement or an Iowa Insurance Producer Application for Reissuance.An applicant is not eligible for reinstatement or reissuance until the applicant has satisfied the other prescribed requirements of rule 191—10.4(522B), including the timing requirements of subrule 10.4(4). b. An application for reinstatement or reissuance shallmust allege facts which, if established, will be sufficient to enable the commissioner to determine that the basis of revocation, suspension, or forfeiture of the applicant’s license no longer exists and that it will be in the public interest for the application to be grantedmust disclose whether the producer has engaged in any conduct that is listed as a cause for licensing action under Iowa Code section 507B.4 or 522B.11(1) that was not included in the order for suspension, revocation, or forfeiture. c. An application for reinstatement or reissuance must allege sufficient facts to enable the commissioner to determine that it will be in the public interest for the application to be granted. The commissioner may determine it is not in the public interest if the producer has engaged in any conduct that is listed as a cause for licensing action under Iowa Code section 507B.4 or 522B.11(1) that was not included in the order for suspension, revocation, or forfeiture. d. The burden of proof to establish such facts shall be on the applicant. c. e. A producer may request reinstatement of a suspended license prior to the end of the suspension term; however, reinstatement will not be effected until the suspension period has ended. d. f. Unless otherwise provided by law, if the order of revocation,or suspension, or acceptance of forfeiture did not establish terms upon which reinstatement or reissuance may occur, or if the license was forfeited, an initial application for reinstatement or reissuance may not be made until at least one year has elapsed from the date of the order of the suspension (notwithstanding paragraph 10.10(2)“c”10.10(2)“e”), revocation, or acceptance of the forfeiture of a license. 10.10(3) Proceedings. All proceedings upon the application for reinstatement or reissuance, including matters preliminary and ancillary thereto, shall be held in accordance with Iowa Code chapter 17A. Such application shall be docketed in the original case in which the original license was suspended, revoked, or forfeited, if a case exists. 10.10(4) Order. An order of reinstatement or reissuance shallmust be based upon a written decision whichthat incorporates findings of fact and conclusions of law. An order granting an application for reinstatement or reissuance may impose such terms and conditions as the commissioner or the commissioner’s designee deems desirableappropriate, which may include one or more of the types of disciplinary sanctions provided by Iowa Code section 522B.11. The order shall beis a public record, available to the public, and may be disseminated in accordance with Iowa Code chapter 22. 10.10(5) Voluntary forfeiture. A request forsubmission of voluntary forfeiture of a license shallmust be made in writing toas prescribed by the commissioner. Forfeiture of a license is effective uponthe submission of the request unless a contested case proceeding is pending at the time the request is submittedof the submission. If a contested case proceeding is pending at the time of the request, the forfeiture becomes effective when and upon such conditions as required by order of the commissioner. A forfeiture made during the pendency of a contested case proceeding is considereda disciplinary action and shallmust be published in the same manner as is applicable to any other form of disciplinary order. 10.10(6) Suspension in relation to expiration date. When a producer’s license has been suspended for a period of time whichthat extends beyond the producer’s license expiration date, the license will terminateterminates at the license expiration date, and the producer must request reinstatementreissuance pursuant to subrule 10.10(2).However, reissuance will not be effected until the suspension period has ended. If suspension for a period of time ends prior to the producer’s license expiration dateand the producer has met all applicable requirements, the division shallcommissioner must reinstate the license atas soon as practicable but no earlier than the end of the suspension period. TheHowever, the commissioner is not prohibited fromdenying an application for reinstatement or reissuance or bringing an additional immediate action if the producer has engaged in misconduct during the period of suspensionany additional violation of Iowa Code section 507B.4 or 522B.11(1) or otherwise failed to meet all of the applicable requirements. ITEM 12. Amend rules 191—10.11(522B) to 191—10.13(522B) as follows:191—10.11(522B) Temporary licenses. An Iowa resident may apply for a temporary license pursuant to Iowa Code section 522B.10. The applicant shouldmust submit a written request to the division whichthat includes the reason for the request and the length of time for which the temporary license is requested. Temporary licenses will be issued for 90 days, with extensions allowed, but in no event for longer than 180 days, pursuant to Iowa Code section 522B.10.191—10.12(522B) Change in name, address or state of residence. 10.12(1) If a producer’s name is changed, the producer must file notification with the divisionthrough the NIPR Gateway at www.NIPR.com, unless the division instructs otherwise, within 30 days of the name change. The notification must include the producer’s: a. Prior name; b. License number; and c. New name.Notification shall be filed through the NIPR Gateway at www.NIPR.com, unless the division instructs the producer otherwise. 10.12(2) Address change. If a resident or nonresident producer’s address is changed, the producer must file notification with the divisionthrough the NIPR Gateway at www.NIPR.com, unless the division instructs otherwise, within 30 days of the address change. The notification must include the producer’s: a. Name; b. License number; c. Previous address; and d. New address. A producer may designate a business address instead of a resident address at the option of the producer.Notification shall be filed through the NIPR Gateway at www.NIPR.com, unless the division instructs the producer otherwise. 10.12(3) A nonresident producer who moves from one state to another state or an Iowa resident producer who moves to another state and wishes to retain an Iowa producer license must file a change of address with the division and provide a certification from the new resident state within 30 days of the change of legal residence. No fee or license application is required. If the new resident state is actively participating in the producer database, a letter of certification is not required. A nonresident licensed producer who moves to Iowa and wishes to retain the nonresident’s producer license must file a change of address with the division within 90 days of the change of legal residence. 10.12(4) Issuance of an Iowa nonresident producer license is contingent on proper licensure in the nonresident producer’s home state. Termination of the producer’s resident license will be deemed termination of the Iowa nonresident producer license unless the producer timely files a change of address pursuant to this rulewithin 30 days of the termination of the resident license. 10.12(5) If a producer has provided an E-mailemail address to the division, the division has the option tomay send information to the producer through the E-mailemail address rather than through the mail.191—10.13(522B) Reporting of actions. 10.13(1) A producer shallmust report to the division any actions required to be reported by Iowa Code section 522B.16. 10.13(2) A producer shallmust report to the division all CSAC or CSRUor centralized collection unit of the department of revenue actions taken under or in connection with Iowa Code chapter 261 or252Jor 272D and all court orders entered in such actions. 10.13(3) Failure to file reports required by this rule is a violation of this chapter and will subject producers to penalty pursuant to rule 191—10.20(522B). ITEM 13. Amend subrule 10.15(2) as follows: 10.15(2) Insurers shallmust file and pay for initial appointments using the NIPR Gateway, except that insurers authorized under Iowa Code chapter 518 or 518Ashallmust file appointments directly with the division by arrangement with the division. ITEM 14. Amend subrule 10.15(7) as follows: 10.15(7) Insurance companies are required tomust file the name, address, and electronic address of a contact person for the company, to whom the billing statements will be sent. Insurance companies are required tomust notify the division if a there is a change of the person appointed as the contact person or if a change of the address of such contact occurs. If aan insurance company fails to notify the division of such a change, the division shall charge the insurance companymust pay a $100 fee. ITEM 15. Amend rules 191—10.16(522B) to 191—10.21(252J) as follows:191—10.16(522B) Appointment renewal. 10.16(1) On or about December 1 of each year, the division or its designee will deliver reminders to insurance companies that appointment renewals are imminent. Appointments shallmust be renewed electronically via the NIPR Gateway at www.NIPR.com. 10.16(2) On or about January 2 of each year, a list of the producers currently appointed with each insurance company and a billing statement will be provided to each insurance company via the NIPR Gateway. The billing statement maymust not be altered, amended or used for appointing or terminating producers. 10.16(3) Payment is due on or before March 1. 10.16(4) Failure to pay renewal appointment fees by March 15 will result in termination of a company’s appointments. Appointments that are terminated due to nonpayment of renewal fees may be reinstated upon payment of the renewal fee plus a reinstatement fee of $500. 10.16(5) Insurance companies are required tomust file the name, address, and electronic address of a contact person for the company, to whom the appointment renewals will be sent. Insurance companies are required tomust notify the division if a change of the address of such contact occurs. If aan insurance company fails to notify the division of such a change of address, the division shall charge the insurance companymust pay a $100 fee.191—10.17(522B) Appointment terminations. 10.17(1) When an insurance company terminates its relationship with a producer, the company shallmust notify the division using the NIPR Gateway. The termination must be filed within 30 days of the date the insurer terminated its agency relationship with the producer. The company shallmust also notify the producer that the producer’s appointment has been canceledterminated. 10.17(2) There is no fee for the filing of an appointment termination. 10.17(3) The division may adopt special procedures for the filing of termination requests for a group of affiliated insurance companies that comprise a holding company. 10.17(4) When an insurer terminates an appointment for cause pursuant to Iowa Code section 522B.14, the notification of termination may be filed according to subrule 10.17(1). The supporting documents required by Iowa Code section 522B.14shallmust be submitted to the division within ten days of the filing of the notification. The documents shallmust include a certification by an officer or authorized representative of the insurer.191—10.18(522B) Licensing of a business entity. 10.18(1) Application. A business entity may apply for an Iowa insurance license. For purposes of this rule, upon approval of an application by the division, the business entity shallwill be classified as a producer and shall beis subject to all standards of conduct and reporting requirements applicable to producers. 10.18(2) Requirements. a. To qualify for such a license, the business entity must: (1) File a completed NAIC uniform business entity application through the NIPR Gateway or as directed by the division. For purposes of this subrule, “uniform business entity application” means the National Association of Insurance Commissioners’ uniform business entity application for resident and nonresident business entities, as the application appears on the NAIC Web sitewebsite; (2) Designate one officer, owner, partner, or member of the business entity, which person also is a producer licensed by the division, as the person who will have full responsibility for the conduct of all business transactions of the business entity or of producers affiliated with the business entity; (3) For a nonresident business entity, submit an appropriate request through the NIPR Gateway; and (4) Pay the license fee. b. The designated responsible producer shallmust maintain an active Iowa producer license. If the license of the designated responsible producer terminates or lapses for any reason, the business entity must supply the division with a substitute designated responsible producer within ten days. If the business entity does not provide a substitute, the division shallmust immediately terminate the license, and the entity shallmust submit a new applicationand pay the appropriate license fee. 10.18(3) License term. A business entity license issued under this rule shall beis effective for three years and one month, including the year of application, beginning on the first day of the month of the business entity’s formation date and ending with the last day of the month of the business entity’s formation date. By arrangement with the division, a business entity may choose a different month for its license term. 10.18(4) License renewal. Upon request by a business entity, the division shallmust electronically transmit a renewal notice to the electronic mail address of the business entity on file with the division on or before the first day of the month preceding the renewal month. The renewal fee must be received by the division or its designated vendor on or before the license expiration date. All business entities must renew their licenses through the NIPR Gateway or as otherwise directed by the division. 10.18(5) Business address. Business entities licensed under this rule must maintain a current business address with the division. If a business entity’s address is changed, notification from the designated responsible producer must be submitted to the division within 30 days of the address change, stating: a. Name of the business entity; b. License number; c. Previous address; and d. New address.The notification may be sent by electronic mail through the NIPR Gateway at www.NIPR.com, unless the division instructs the producer otherwise. 10.18(6) Business name. A business entity licensed under this rule must keep the division informed of its business name. If a business entity changes the name under which it is operating, notification from the designated responsible producer must be submitted to the division within 30 days of the name change. The notification may be sent through the NIPR Gateway, if available, or as instructed on the division’s website.191—10.19(522B) Use of senior-specific certifications and professional designations in the sale of life insurance and annuities. 10.19(1) Purpose. The purpose of this rule is to set forth standards to protect consumers from misleading and fraudulent marketing practices with respect to the use of senior-specific certifications and professional designations in the solicitation, sale or purchase of, or advice made in connection with, a life insurance or annuity product. 10.19(2) Scope. This rule shall applyapplies to any solicitation, sale or purchase of, or advice made in connection with, a life insurance or annuity product by a producer. 10.19(3) Authority. a. This rule is promulgated under the authority of Iowa Code chapters 507B and 522B. b. Nothing in this rule shall limitlimits the division's authority to enforce existing provisions of law. 10.19(4) Prohibited uses of senior-specific certifications and professional designations. a. It is an unfair and deceptive act or practice in the business of insurance within the meaning of Iowa Code chapter 507B for a producer to use a senior-specific certification or professional designation that indicates or implies in such a way as to mislead a purchaser or prospective purchaser that the producer has special certification or training in advising or servicing seniors in connection with the solicitation, sale or purchase of a life insurance or annuity product or in the provision of advice as to the value of or the advisability of purchasing or selling a life insurance or annuity product, either directly or indirectly through publications or writings, or by issuing or promulgating analyses or reports related to a life insurance or annuity product. b. The prohibited use of senior-specific certifications or professional designations includes, but is not limited to, the following: (1) Use of a certification or professional designation by an insurance producer who has not actually earned or is otherwise ineligible to use such certification or designation; (2) Use of a nonexistent or self-conferred certification or professional designation; (3) Use of a certification or professional designation that indicates or implies a level of occupational qualifications obtained through education, training or experience that the producer using the certification or designation does not have; and (4) Use of a certification or professional designation that was obtained from a certifying or designating organization that:- Is primarily engaged in the business of instruction in sales or marketing;
- Does not have reasonable standards or procedures for assuring the competency of its certificants or designees;
- Does not have reasonable standards or procedures for monitoring and disciplining its certificants or designees for improper or unethical conduct; or
- Does not have reasonable continuing education requirements for its certificants or designees in order to maintain the certificate or designation.
- Indicates seniority or standing within the organization; or
- Specifies an individual’s area of specialization within the organization.
- When the counter employee ceases employment with a vehicle rental limited licensee; or
- At the end of the term of the vehicle rental counter employee limited license term if the license is not renewed pursuant to this subrule.
- The applicant is a licensed insurance producer with a life line of authority for at least the 12 months preceding the date of application; or
- The applicant has taken and passed an examination on viatical and life settlement contracts required by another state insurance department and currently holds a license as a viatical settlement broker from that state; or
- The applicant has passed the viatical settlement examination required by the commissioner. Examination results are valid for 90 days after the date of the examination. If the applicant fails to apply for licensure within 90 days after passing the examination, the examination results shall be void;
- Submits an affidavit to the continuing education provider that the examination was independently proctored and was completed without any outside assistance, and
- Correctly answers at least 70 percent of the questions presented.
Rule making related to beginning farmer program changes
The Iowa Finance Authority hereby amends Chapter 44, “Iowa Agricultural Development Division,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 16.5.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 16, subchapter VIII, part 5, as amended by 2019 Iowa Acts, House File 768, section 7.Purpose and Summary 2019 Iowa Acts, House File 768, creates a Beginning Farmer Tax Credit Program. Pursuant to 2019 Iowa Acts, House File 768, section 7, the Authority is directed to adopt rules that are necessary for the administration of the program. This rule making sets forth the eligibility criteria for eligible taxpayers and qualified beginning farmers, the requirements of an agricultural lease agreement upon which the tax credit is based, the process to be followed when a lease is amended, the application process and the required content of the tax credit application, and the procedure for calculating tax credit awards. The rule making also updates outdated statutory references and amends the Beginning Farmer Loan Program’s eligibility criteria and related definitions to clarify the differences between the loan program and the tax credit program.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 23, 2019, as ARC 4729C. The Authority received a comment from a stakeholder about paragraph 44.6(2)“b.” The stakeholder expressed concern that the meaning of “term,” as used in that paragraph, was unclear. The Authority revised the paragraph to clarify the beginning of the “term” of a tax credit and thus clarify the overall meaning of “term.” The stakeholder approved the revised paragraph 44.6(2)“b.” Specifically, the Authority revised paragraph 44.6(2)“b” to indicate when the tax credit “term” begins to clarify how long the tax credit “term” will last. The Authority also incorporated a sentence from Iowa Code section 16.82(7) that indicates the tax credit shall not be carried back to a tax year prior. Also, the Authority added a new paragraph 44.6(3)“e” to allow any applicant wishing to appeal a decision of the Iowa Agricultural Development (IAD) Board to appeal directly to the IAD Board. Finally, the Authority made one technical change that was not a result of public comment.Adoption of Rule Making This rule making was adopted by the Authority on January 8, 2020.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, the impact on jobs is expected to be positive. The Beginning Farmer Tax Credit program is likely to create additional opportunities for individuals who wish to begin farming in Iowa. Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 265—Chapter 18. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making actions are adopted:
ITEM 1. Amend rule 265—44.1(16) as follows:265—44.1(16) General. 44.1(1) Description of Iowa agricultural development division (IADD)(IAD) board. The IADDIAD board consists of five members appointed by the governor. The executive director of the Iowa finance authority or the executive director’s designee shall serve as an ex officio nonvoting member. Members are appointed for staggered six-year terms. The appointed members shall elect a chairperson and vice chairperson annually, and other officers as the appointed members determine. 44.1(2) Division organization and personnel. The executive director of the authority may organize the division and employ necessary qualified personnel. 44.(2) 44.1(3) General course and method of operations. The IADDIAD board generally meets on a monthly basis or at the call of the chairperson or whenever two appointed members so request. The purpose of the meetings shall be to review progress in implementation and administration of programs, to consider and act upon proposals for assistance, and take other actions as necessary and appropriate. 44.(3) 44.1(4) Location where public may submit requests for assistance or obtain information. Requests for assistance or information should be directed to the Iowa finance authority at the address set forth in rule 265—1.3(16); telephone (515)725-4900. Requests may be made personally, by telephone, U.S. mail or any other medium available, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday. Special arrangements for accessibility to the authority at other times will be provided as needed. ITEM 2. Amend rule 265—44.2(16) as follows:265—44.2(16) Definitions. "Act" means Iowa Code chapter 16. "Agricultural asset" means agricultural land,located in this state, including any agricultural improvements,machinery, equipment, and other depreciable agricultural property, crops or livestock used for farming purposes. "Agricultural development board" "IAD board" means the agricultural development board created in Iowa Code section 16.2C and described in rule 265—44.1(16). "Agricultural asset transfer agreement" means any commonly accepted written agreement which specifies the terms of the transfer of operation of the agricultural asset. The agreement may be made on a cash basis or a commodity share basis. "Agricultural improvements" means any improvements, buildings, structures or fixtures suitable for use in farming which are located on agricultural land. “Agricultural improvements” includes a single-family dwelling located on agricultural land which is or will be occupied by the beginning farmer and structures attached to or incidental to the use of the dwelling. "Agricultural land" means land located in Iowasuitable for use in farming and which is or will be operated as a farm. "Agricultural lease agreement" "agreement" means an agreement for the transfer of agricultural assets, that must at least include a lease of agricultural land, from an eligible taxpayer to a qualified beginning farmer as provided in 2019 Iowa Acts, House File 768, section 9. "Application" means a completed instrument on a form approved by IADD. "Authority" means the Iowa finance authority created in Iowa Code section 16.1A. "Beginning farmer" means an individual, partnership, family farm corporation, or family farm limited liability company, with a low or moderate net worth that engages in farming or wishes to engage in farming. "BFCF" means beginning farmer custom farming tax credit program. "BFCF eligible applicant" means an individual, partnership, family farm corporation or family farm limited liability company that has a net worth of not more than the maximum allowable net worth. The applicant must also satisfy all of the criteria contained in Iowa Code sections 16.79 and 16.81 and the provisions of these rules relating to recipient eligibility. "BFLP" means beginning farmer loan program. "BFLP eligible applicantbeginning farmer" means an individual who has a net worth of not more than the maximum allowable net worth. The applicant must also be a beginning farmer, as defined in Iowa Code section 16.75, who satisfies all of the criteria contained in the Act and provisions of these rules relating to recipient eligibilitya beginning farmer who also meets the requirements of a first-time farmer as defined in Section 147(c) of the Internal Revenue Code. "BFTC" means beginning farmer tax credit program. "BFTC eligible applicant" means an individual, partnership, family farm corporation or family farm limited liability company that has a net worth of not more than the maximum allowable net worth. The applicant must also satisfy all of the criteria contained in Iowa Code sections 16.79 and 16.80 and the provisions of these rules relating to recipient eligibility. "Bond purchaser" means any lender or any person, as defined in Iowa Code section 4.1(20), who purchases an authority bond under the individual agricultural development bond program. "Cash basisrent agreement" means an agreement whereby operation of the agricultural asset is transferred via a fixed cash payment per annum. "Commodity share basisagreement" means an agreement whereby operation of the agricultural asset is transferred via a risk-sharing mechanism, whereby the agricultural asset owner receives a portion of the production as payment for use of the agricultural asset. "Custom farming contract" means any commonly accepted written contract which specifies the terms of the work to be performed by the beginning farmer for an Iowa landowner or tenant or livestock owner. The contract must provide for the production of crops or livestock located on agricultural land. The taxpayer will pay the BFCF eligible applicant on a cash basis, and the total amount paid for each tax year that the tax credit is claimed must equal at least $1,000. The contract must be in writing for a term of not more than 24 months. A contract is not allowed if the taxpayer and BFCF eligible applicant are: persons who hold a legal or equitable interest in the same agricultural land or livestock; related family members, such as spouse, child, stepchild, brother, or sister; or partners in the same partnership which holds a legal or equitable interest. "Eligible taxpayer" means a taxpayer who is eligible to participate in the beginning farmer tax credit program, including by meeting all the criteria provided in paragraph 44.6(1)“a.” "Farm" means a farming enterprise which is generally recognized as a farm rather than a rural residence. "Farming" means the cultivation of land for the production of agricultural crops, the raising of poultry, the production of eggs, the production of milk, the production of fruit or other horticultural crops, grazing, the production of livestock, aquaculture, hydroponics, the production of forest products, or other activities designated by the authority. "Flex lease agreement" means an agreement whereby operation of the agricultural asset is transferred via a combination of fixed cash payments and, at times, additional payment based on the production or other variables. "IADD" means the Iowa agricultural development division of the Iowa finance authority. "Lender" means any regulated bank, trust company, bank holding company, mortgage company, national banking association, savings and loan association, life insurance company, state or federal governmental agency or instrumentality, or other financial institution or entity authorized and able to make mortgage loans or secured loans in this state. "Low-income farmer" means a farmer who cannot obtain financing to purchase agricultural property without the assistance of an LPP loan with the authority. "Low or moderate net worth" means a net worth that does not exceed the maximum allowable net worth defined in this rule. "LPP" means loan participation program. "LPP eligible applicant" means an individual who has a net worth of not more than the maximum allowable net worth. The applicant must be a low-income farmer who cannot obtain financing to purchase agricultural property without the assistance of an LPP loan and who satisfies all of the criteria contained in the Act and the provisions of these rules relating to recipient eligibility. "LPP loan" means the “last-in/last-out” loan participation requested by the lender from the authority. "Maximum allowable net worth" for calendar year 2013 is $691,172. Themeans themaximum allowable net worth for each calendar year, which shall be increased or decreased as of January 1 of such calendar yearfrom the previous year by an amount equal to the percentage increase or decrease (September to September) in the United States Department of Agriculture “Index of Prices Paid for Commodities and Services, Interest, Taxes, and Farm Wage Rates” reported as of October 1 of the immediately preceding calendar year.The maximum allowable net worth will be rounded to the nearest thousand dollars. The authority will post the maximum allowable net worth for each calendar year on its website at www.iowafinanceauthority.gov. "Net worth" means total assets minus total liabilities as determined in accordance with generally accepted accounting principles with appropriate exceptions and exemptions reasonably related to an equitable determination of the net worth of the individual, partnership, limited liability company or corporation. Assets shall be valued at fair market value. "Participated loan" means a loanor loans, any portion of which is participated to the authority by the lender. "Qualified beginning farmer" means a beginning farmer who is eligible to participate in the beginning farmer tax credit program by meeting the criteria set forth in paragraph 44.6(1)“b.” "Total assets" means all assets including but not limited to cash, crops or feed on hand, livestock held for sale, breeding stock, marketable bonds and securities, securities not readily marketable, accounts receivable, notes receivable, cash invested in growing crops, net cash value of life insurance, machinery, equipment, cars, trucks, farm and other real estate including life estates and personal residence, value of beneficial interest in a trust, government payments or grants, and any other assets.“Total assets” shall not include items used for personal, family or household purposes by the applicant; but in no event shall any property be excluded, to the extent a deduction for depreciation is allowable for federal income tax purposes. All assets shall be valued at fair market value by the lender. The value shall be what a willing buyer would pay a willing seller in the locality. A deduction of 10 percent may be made from fair market value of farm and other real estate. "Total liabilities" means all liabilities including but not limited to accounts payable, notes or other indebtedness owed, taxes, rent, amount owed on any real estate contract or real estate mortgage, judgments, accrued interest payable, and any other liabilities. Liabilities shall be determined on the basis of generally accepted accounting principles.In only those cases where the liabilities include an amount for deferred tax liability that causes the applicant’s net worth to change from exceeding the maximum allowable net worth to an amount no greater than the maximum allowable net worth, the applicant is required to have a certified public accountant prepare the financial statement and provide supporting calculations and documentation acceptable to the board. "USDA" means the United States Department of Agriculture. "USDA-NASS" means the United States Department of Agriculture’s National Agricultural Statistics Service. "Veteran" means the same as defined in Iowa Code section 35.1. ITEM 3. Rescind rule 265—44.3(16) and adopt the following new rule in lieu thereof:265—44.3(16) Beginning farmer loan program eligibility. A loan to or on behalf of a beginning farmer shall be provided only if the following criteria are satisfied: 1. The beginning farmer is an individual and a resident of Iowa. 2. The agricultural land and agricultural improvements or depreciable agricultural property the beginning farmer proposes to purchase will be located in the state. 3. The beginning farmer has sufficient education, training, or experience in the type of farming for which the beginning farmer requests the loan and must demonstrate that education, training, or experience to the satisfaction of the authority. 4. If the loan is for the acquisition of agricultural land, the beginning farmer has or will have access to adequate working capital, farm equipment, machinery, or livestock. If the loan is for the acquisition of depreciable agricultural property, the beginning farmer has or will have access to adequate working capital or agricultural land. In the loan application, the beginning farmer must demonstrate to the satisfaction of the authority that the beginning farmer has or will have access to adequate working capital, farm equipment, machinery, or livestock. 5. The beginning farmer shall materially and substantially participate in farming. 6. The agricultural land and agricultural improvements shall only be used for farming by the beginning farmer, the beginning farmer’s spouse, or the beginning farmer’s minor children. ITEM 4. Strike “eligible applicant” and “eligible applicants” wherever they appear in rule 265—44.4(16) and insert “beginning farmer” and “beginning farmers,” respectively, in lieu thereof. ITEM 5. Amend subrule 44.5(1) as follows: 44.5(1) Program summary. The loan participation program is intended to assist lenders and LPP eligible applicants (hereinafter referred to as “borrower(s)”)beginning farmers by purchasing a portion of a loan made by a lender to a borrowerbeginning farmer for the purchase of agricultural property. a. Supplement to borrower’sbeginning farmer’s down payment.The LPP loan can be used to supplement the borrower’sbeginning farmer’s down payment so that the borrowerbeginning farmer can more readily secure a loan (the “participated loan”) from a lender. b. Last-in/last-out collateral position.The program enables lenders to request a “last-in/last-out” LPP loan from the authority. The lender, on behalf of the borrowerbeginning farmer, shall apply for the LPP loan on application forms provided by the authority. c. Lender’s certification.The lender and the borrowerbeginning farmer shall certify that the information included in the application and any other documents submitted for consideration is true and correct to the best of their knowledge. d. LPP loan in conjunction with BFLP loan.The loan participation program may be used in conjunction with the authority’s beginning farmer loan program, provided the borrowerbeginning farmer meets the criteria for both programs. ITEM 6. Amend paragraph 44.5(3)"e" as follows: e. Machinery and equipment.The participated loan can be used for the purchase of agricultural machinery and equipment for which an income tax deduction for depreciation is allowed in computing state and federal income taxes. This machinery and equipment must be used in the borrower’sbeginning farmer’s farming operation. ITEM 7. Amend subrule 44.5(5) as follows: 44.5(5) Program parameters. a. Purchase price impact.Maximum LPP loan amount and loan terms will be determined by the IADDIAD board. b. LPP interest rate.The IADDIAD board will set the interest rate on the LPP loan. c. LPP loans outstanding.Loans under the program may be issued more than once, provided that the outstanding LPP loan totals do not exceed the maximum amount set by the IADDIAD board. ITEM 8. Amend subrule 44.5(6) as follows: 44.5(6) LPP loan application procedures. a. Financial statement.Lenders may use their own form of financial statement. The authority may require other forms deemed necessary and appropriate to document the eligibility of the borrowerbeginning farmer and the borrower’sbeginning farmer’s ability to make principal and interest payments.If the borrowerbeginning farmer or the borrower’sbeginning farmer’s spouse is involved in a business, partnership, limited liability company, or corporation, either related or unrelated to the borrower’sbeginning farmer’s farming operation, a financial statement from this entity must also be submitted with the application. b. Income statement.A copy of the borrower’sbeginning farmer’s prior three years’ federal income tax returns (if available) shall be submitted. c. Background letter.The application will also include a background letter on the borrowerbeginning farmer, documenting to the satisfaction of the authority sufficient training, experience and access to capital. d. Credit evaluation.The lender will submit a credit evaluation of the project for which an LPP loan is sought. The lender will evaluate the borrower’sbeginning farmer’s net worth and ability to pay principal and interest and certify the sufficiency of security for the participated loan. The authority will review the application and make its own credit evaluation prior to issuance of an LPP loan. e. Processing LPP loan applications.Applications for the program will be taken and processed by the authority on a first-come, first-served basis. The authority reserves the right to change the program or terminate the approval of LPP loans under the program at any time. Grounds for termination/suspension of the program would include, but not be limited to, reaching the maximum allowable limit for total outstanding LPP loans as established by the authority or changing the program by order of the Iowa general assembly or by rules promulgated by the authority. f. Security for participated loans and use of security documents.The lender shall take any security, cosignatures, guarantees or sureties that are deemed necessary for any participated loan. Any guarantee of repayment or pledge of additional collateral required by the lender to secure the participated loan shall secure the entire participated loan. g. Recording documents and fees.Any recording or filing fees or transfer taxes associated with the participated loan will be paid by the borrowerbeginning farmer or lender and not the authority. Also, the authority will have no responsibility with respect to the preparation, execution, or filing of any declaration of value or groundwater hazard statements. ITEM 9. Amend subrule 44.5(7) as follows: 44.5(7) Loan administration procedures. a. Lender’s responsibilities.The lender is responsible for servicing the participated loan following accepted standards of loan servicing and for transferring LPP loan payments to the authority. (1) At the request of IADDthe authority, the lender shall:- On an annual basis, provide the authority with copies of a current financial statement or a current tax return, or both.
- Provide copies of insurance to the authority with the lender named as loss payee. The lender will apply payments to the participated loanaccording to the IADD-approved amortization schedule(s) or on a pro-rata basis.
- Make or consent to any substantial alterations in the terms of any participated loan instrument;
- Make or consent to releases of security or collateral unless replaced with collateral of equal value on the participated loan;
- Use the collateral purchased with funds from the participated loan as security for any other loan without prior written consent of the authority;
- 4Accelerate the maturity of the participated loan;
- 5Sue upon any participated loan instrument;
- 6Waive any claim against any borrowerbeginning farmer, cosignor, guarantor, obligor, or standby creditor arising out of any instruments.
Rule making related to child abuse and dependent adult abuse mandatory reporter training
The Board of Nursing hereby amends Chapter 3, “Licensure to Practice—Registered Nurse/Licensed Practical Nurse,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 147.10, 232.69(3)“e,” 235B.16(5)“f” and 272C.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 232.69 and 235B.16.Purpose and Summary 2019 Iowa Acts, House File 731, amends Iowa Code sections 232.69(3) and 235B.16(5), which govern mandatory child abuse and dependent adult abuse reporter training requirements for certain professionals. This rule making amends Chapter 3 to conform to those changes and requires that nurses who must make reports for child abuse or dependent adult abuse, or both, comply with the training requirements provided in the amended Iowa Code sections 232.69 and 235B.16 every three years. This rule making also amends Chapter 3 to remove references to wallet cards because the Board no longer issues physical wallet cards to licensees. This rule making also amends Chapter 3 to clarify that a passing score on the Internet-based Test of English as a Foreign Language (TOEFL®) test is an 84 with a speaking score of at least 26.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 6, 2019, as ARC 4743C. A public hearing was held on December 6, 2019, at 9 a.m. at the Board’s office, Suite B, 400 S.W. Eighth Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on January 15, 2020.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 655—Chapter 15.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making actions are adopted:
ITEM 1. Amend rule 655—3.1(17A,147,152,272C), definition of “Fees,” as follows: "Fees" means those fees collected which are based upon the cost of sustaining the board’s mission to protect the public health, safety and welfare. The nonrefundable fees set by the board are as follows:- Application for original license based on the registered nurse examination, $93 (plus the fee for evaluation of the fingerprint cards and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI)).
- Application for original license based on the practical nurse examination, $93 (plus the fee for evaluation of the fingerprint cards and the criminal history background checks by the DCI and the FBI).
- Application for registered nurse/licensed practical nurse license by endorsement, $119 (plus the fee for evaluation of the fingerprint cards and the criminal history background checks by the DCI and the FBI).
- Application for original license or renewal as an advanced registered nurse practitioner, $81 for any period of licensure up to three years.
- For a certified statement that a registered nurse/licensed practical nurse is licensed in this state or registered as an advanced registered nurse practitioner, $25.
- For written verification of licensure status, not requiring certified statements, $3 per license.
- For reactivation of a license to practice as a registered nurse/licensed practical nurse, $175 for a license lasting more than 24 months up to 36 months (plus the fee for evaluation of the fingerprint cards and the criminal history background checks by the DCI and the FBI).
- For reactivation of a license to practice as an advanced registered nurse practitioner, $81 for any period of licensure up to three years.
- For the renewal of a license to practice as a registered nurse/licensed practical nurse, $99 for a three-year period.
- For a duplicate or reissued wallet card or original certificate to practicerecognizing Iowa licensure as a registered nurse, licensed practical nurse, or advanced registered nurse practitioner, $20.
- For late renewal of a registered nurse/licensed practical nurse license, $50, plus the renewal fee as specified in paragraph “9” of this definition.
- For a check returned for any reason, $15. If licensure/registration has been issued by the board office based on a check for the payment of fees and the check is later returned by the bank, the board shall request payment by certified check or money order.
- For a certified copy of an original document, $20.
- For the evaluation of the fingerprint cards and the DCI and FBI criminal history background checks, $50.
- Is engaged in active duty in the military service of this state or the United States.
- Holds a current exemption based on evidence of significant hardship in complying with training requirements, including an exemption of continuing education requirements or extension of time in which to fulfill requirements due to a physical or mental disability or illness as identified in 655—Chapter 5 .
Rule making related to continuing education and child and dependent adult abuse mandatory reporter training
The Board of Nursing hereby amends Chapter 5, “Continuing Education,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 147.76 and 272C.2(1).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 272C.2.Purpose and Summary 2019 Iowa Acts, House File 731, amends Iowa Code sections 232.69(3) and 235B.16(5), which govern mandatory child abuse and dependent adult abuse identification and reporting training requirements for certain professionals. This rule making amends Chapter 5 to conform to the new statutory language and clarifies that the proof of completion issued by the Department of Human Services shall satisfy the Board’s documentation requirements. This rule making also clarifies that the subject matter of the licensee’s continuing education should be applicable to the licensee’s practice area. This rule making also expands the list of entities that may approve a continuing education offering. Due to the expansion of the list of approving entities, licensees will have access to a broader range of courses and will more easily be able to find courses that are applicable to their practice areas. Additionally, this rule making removes the requirement for Board staff to approve coursework under the special approval process for the added approving entities. This rule making also eliminates the 90-day response deadline to submit documentation for continuing education make-up credit to reflect internal procedural changes to the process of reviewing incomplete continuing education submissions.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 6, 2019, as ARC 4744C. A public hearing was held on December 6, 2019, at 9 a.m. at the Board’s office, Suite B, 400 S.W. Eighth Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made. Adoption of Rule Making This rule making was adopted by the Board on January 15, 2020.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 655—Chapter 15.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 5.2(4)"a" as follows: a. Appropriate subject matter for continuing education credits reflects the educational needs of the nurse learner and the health needs of the consumer. Appropriate subject matter is limited to offerings that are scientifically founded, applicable to the licensee’s practice area, and predominantly for professional growth. The following areas are deemed appropriate subject matter for continuing education credit: (1) Nursing practice related to health care of patients/clients/families in any setting. (2) Professional growth and development related to nursing practice roles with a health care focus. (3) Sciences upon which nursing practice, nursing education, or nursing research is based, e.g., nursing theories and biological, physical, behavioral, computer, social, or basic sciences. (4) Social, economic, ethical and legal aspects of health care. (5) Management of or administration of health care, health care personnel, or health care facilities. (6) Education of patients or patients’ significant others, students, or personnel in the health care field. ITEM 2. Amend paragraph 5.2(5)"a" as follows: a. Informal offeringsapproved by the following entities: (1) Board-approved providersIowa board of nursing. (2) Other approved providers from state boards of nursing that have mandatory continuing education requirements. (3) American Nurses Credentialing Center (ANCC) Commission on Accreditation. (4) National League for Nursing (NLN). (5) National Federation of Licensed Practical Nurses Continuing Education (NFLPN) and the NFLPN Education Foundation. (6) National Association for Practical Nurse Education and Service, Inc. (NAPNES). (7) American Association of Nurse Practitioners (AANP). (8) National Association of Pediatric Nurse Practitioners (NAPNAP). (9) Accreditation Council for Continuing Medical Education (ACCME). (10) American Medical Association (AMA) Continuing Medical Education. (11) International Association for Continuing Education and Training (IACET). (12) American Psychological Association (APA). (13) National Commission for Health Education Credentialing. (14) National Board of Public Health Examiners. (15) National Commission for Certifying Agencies (NCCA). (16) Commission for Case Manager Certification (CCMC). (17) National Council for Behavioral Health. ITEM 3. Amend paragraph 5.2(10)"b" as follows: b. The licensee must submit verification of completion of the mandatory reporter training course approvedcourse(s) provided by the Iowa department of public healthhuman services in the previous fivethree years as specified in 655—subrule 3.7(3).The proof of completion issued by the Iowa department of human services shall satisfy the documentation requirements of subrule 5.2(6). ITEM 4. Amend paragraph 5.2(10)"d" as follows: d. If submitted materials are incomplete or unsatisfactory, the licensee shall be notified. The licensee shall be given the opportunity to submit make-up credit to cover the deficit found through the audit. The deadline for receipt of the documentation for this make-up credit is within 90 days of the board office notification. The licensee may be reaudited during the next renewal period when make-up credit has been accepted. The make-up credit shall not be reused for the current renewal period. [Filed 1/23/20, effective 3/18/20][Published 2/12/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/12/20.ARC 4903CPharmacy Board[657]Adopted and FiledRule making related to expedited partner therapy
The Board of Pharmacy hereby amends Chapter 6, “General Pharmacy Practice,” Chapter 7, “Hospital Pharmacy Practice,” Chapter 8, “Universal Practice Standards,” and Chapter 18, “Centralized Prescription Filling and Processing,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 139A.41.Purpose and Summary The amendments allow a pharmacist to fill a non-patient-specific prescription when the prescription is issued pursuant to Iowa Code section 139A.41 for the purpose of expedited partner therapy to treat a sexually transmitted chlamydia or gonorrhea infection in an unnamed partner or partners.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 9, 2019, as ARC 4693C. The Board received two comments from the public, both in support of the amendments with no suggested changes. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on January 8, 2020.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making actions are adopted:
ITEM 1. Amend subrule 6.10(1) as follows: 6.10(1) Required information. The label affixed to or on the dispensing container of any prescription drug or device dispensed by a pharmacy pursuant to a prescription drug order shall bear the following: a. Serial number (a unique identification number of the prescription); b. The name, telephone number, and address of the pharmacy; c. ExceptThe name of the patient or, if such drug is prescribed for an animal, the species of the animal and the name of its owner, except as provided in 657—subrule 8.19(7) for epinephrine auto-injectors,or 657—subrule 8.19(8) for opioid antagonists, the name of the patient or, if such drug is prescribed for an animal, the species of the animal and the name of its owner;or 657—subrule 8.19(9) for expedited partner therapy. d. The name of the prescribing practitioner; e. The date the prescription is dispensed; f. The directions or instructions for use, including precautions to be observed; g. Unless otherwise directed by the prescriber, the label shall bear the name, strength, and quantity of the drug dispensed. (1) If a pharmacist selects an equivalent drug product for a brand name drug product prescribed by a practitioner, the prescription container label shall identify the generic drug and may identify the brand name drug for which the selection is made, such as “(generic name) Generic for (brand name product)”; (2) If a pharmacist selects a brand name drug product for a generic drug product prescribed by a practitioner, the prescription container label shall identify the brand name drug product dispensed and may identify the generic drug product ordered by the prescriber, such as “(brand name product) for (generic name)”; (3) If a pharmacist selects an interchangeable biological product for the biological product prescribed by a practitioner, the prescription container label shall identify the interchangeable biological product dispensed and may identify the biological product prescribed by the practitioner, such as “(interchangeable biological product) for (biological product)”; h. The initials or other unique identification of the dispensing pharmacist, unless the identification of the pharmacist involved in each step of the prescription filling process is electronically documented and retrievable. ITEM 2. Adopt the following new subrule 6.13(4): 6.13(4) Expedited partner therapy. When a pharmacy dispenses a prescription drug pursuant to Iowa Code section 139A.41 and 657—subrule 8.19(9) for expedited partner therapy, a pharmacy is only required to maintain the information about the patient who is known to the pharmacy. ITEM 3. Amend rule 657—7.12(124,126,155A) as follows:657—7.12(124,126,155A) Drugs in the emergency department. Drugs maintained in the emergency department are kept for use by or at the direction of prescribers in the emergency department. Drugs shall be administered or dispensed only to emergency department patients. For the purposes of this rule, “emergency department patient” means a patient who is examined and evaluated in the emergency departmentand includes the partner or partners of a patient treated pursuant to Iowa Code section 139A.41. 7.12(1) Accountability. Established policies and procedures shall include a system of drug control and accountability in the emergency department. The system shall identify drugs of the nature and type to meet the emergency needs of patients. Drugs shall be administered or dispensed only in accordance with the system. 7.12(2) Controlled substances. Controlled substances maintained in the emergency department are kept for use by or at the direction of prescribers in the emergency department. a. In order to receive a controlled substance, a patient shall be examined in the emergency department by a prescriber who shall determine the need for the drug. It is not permissible under state and federal regulations for a prescriber to see a patient outside the emergency department setting, or talk to the patient on the telephone, and then proceed to call the emergency department and order the administration of a stocked controlled substance upon the patient’s arrival at the emergency department except as provided in paragraph 7.12(2)“c” or “d.” b. A prescriber may authorize, without again examining the patient, the administration of additional doses of a previously authorized drug to a patient presenting to the emergency department within 24 hours of the patient’s examination and treatment in the emergency department. c. In an emergency situation when a health care practitioner authorized to prescribe controlled substances is not available on site, and regardless of the provisions of paragraph 7.12(2)“a,” the emergency department nurse may examine the patient in the emergency department and contact the on-call prescriber. The on-call prescriber may then authorize the nurse to administer a controlled substance to the patient pending the arrival of the prescriber at the emergency department. As soon as possible, the prescriber shall examine the patient in the emergency department and determine the patient’s further treatment needs. d. In an emergency situation when a health care practitioner authorized to prescribe controlled substances examines a patient in the prescriber’s office and determines a need for the administration of a controlled substance, and regardless of the provisions of paragraph 7.12(2)“a,” the prescriber may direct the patient to present to the emergency department for the administration of a controlled substance for which the prescriber has issued a prescription in compliance with federal regulation and board rules. As soon as possible, the prescriber shall examine the patient in the emergency department and determine the patient’s further treatment needs. 7.12(3) Drug dispensing. Only a pharmacist or prescriber may dispense any drugs to an emergency department patient pursuant to the provisions of this rule. a. Responsibility.Pursuant to rule 657—8.3(155A), policies and procedures shall be established to ensure the accuracy and labeling of prepackaged drugs and accurate records of dispensing of drugs from the emergency department shall be maintained. (1) Except as provided in subrule 7.12(4), drugs dispensed to an emergency department patient may be dispensed in quantities not to exceed a 72-hour supply or the minimum quantity in suitable containers, except that an authorized supply of a drug provided through the department of public health may be dispensed for the treatment of a victim of sexual assault. Prepackaged drugs shall be prepared pursuant to the requirements of rule 657—22.3(126). (2) Drugs dispensed pursuant to this paragraph shall be appropriately labeled as required in paragraph 7.12(3)“b,” including necessary auxiliary labels. b. Prescriber responsibility.Except as provided in subrule 7.12(4), a prescriber who authorizes the dispensing of a prescription drug to an emergency department patient is responsible for the accuracy of the dispensed drug and for the accurate completion of label information pursuant to this paragraph, including when any portion of the dispensing process is delegated to a licensed nurse under the supervision of the prescriber. (1) Except as provided in subrule 7.12(4), at the time of delivery of the drug the prescriber shall be responsible for ensuring that the dispensing container bears a label with at least the following information:- Name and address of the hospital;
- Date dispensed;
- Name of prescriber;
- Name of patient, except when the drug is dispensed for one or more unnamed partners receiving expedited partner therapy pursuant to Iowa Code section 139A.41;
- Directions for use;and
- Name, quantity, and strength of drug.
Rule making related to synthetic cathinones
The Board of Pharmacy hereby amends Chapter 10, “Controlled Substances,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 124.201 and 124.301.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 124.201.Purpose and Summary This rule making temporarily places into Schedule I of the Iowa Uniform Controlled Substances Act six synthetic cathinones in response to scheduling action of the same nature by the U.S. Drug Enforcement Administration.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 9, 2019, as ARC 4692C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on January 8, 2020.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making action is adopted:
ITEM 1. Amend subrule 10.39(5) as follows: 10.39(5) Amend Iowa Code section 124.204(6)“i” by adding the following new subparagraphsubparagraphs: (27) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one. Other names: N-ethylpentylone or ephylone. (28) N-Ethylhexedrone, its optical, positional, and geometric isomers, salts and salts of isomers. Other name: 2-(ethylamino)-1-phenylhexan-1-one. (29) alpha-pyrrolidinohexanophenone, its optical, positional, and geometric isomers, salts and salts of isomers. Other names: α-PHP; alpha-pyrrolidinohexiophenone; 1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one. (30) 4-Methyl-alpha-ethylaminopentiophenone, its optical, positional, and geometric isomers, salts and salts of isomers. Other names: 4—MEAP; 2-(ethylamino)-1-(4-methylphenyl)pentan-1-one. (31) 4’-Methyl-alpha-pyrrolidinohexiophenone, its optical, positional, and geometric isomers, salts and salts of isomers. Other names: MPHP; 4’-methyl-alpha-pyrrolidinohexanophenone; 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)hexan-1-one. (32) alpha-Pyrrolidinoheptaphenone, its optical, positional, and geometric isomers, salts and salts of isomers. Other names: PV8; 1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one. (33) 4’-Chloro-alpha-pyrrolidinovalerophenone, its optical, positional, and geometric isomers, salts and salts of isomers. Other names: 4-chloro-α-PVP; 4’-chloro-alpha-pyrrolidinopentiophenone; 1-(4-chlorophenyl)-2-(pyrrolidin-1-yl)pentan-1-one. [Filed 1/13/20, effective 3/18/20][Published 2/12/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/12/20.ARC 4905CPublic Health Department[641]Adopted and FiledRule making related to Iowa care for yourself program
The Public Health Department hereby amends Chapter 8, “Iowa Care for Yourself (IA CFY) Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 135.11(1).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 135.11(1).Purpose and Summary These amendments update Chapter 8 to reflect the current practices of the IA CFY Program. Recognizing the value of screening and early detection of breast and cervical cancer, Congress passed the Breast and Cervical Cancer Mortality Prevention Act of 1990 and in 1993 authorized additional preventative health services to participants in the National Breast and Cervical Cancer Early Detection Program (NBCCEDP). The Breast and Cervical Cancer Early Detection Program (BCCEDP) provides screening for breast and cervical cancer. In addition, the Well-Integrated Screening and Evaluation for Women Across the Nation Program (WISEWOMAN) provides preventative screening for cardiovascular disease risk factors. Cardiovascular-related lifestyle interventions, tailored to each individual’s cardiovascular screening results and the individual’s readiness to make lifestyle behavior changes, are also offered to participants. These two programs are funded through cooperative agreements with the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention (CDC). Iowa first received CDC funding in 1993 for the BCCEDP and began providing early detection services in 1995. Iowa received funding for WISEWOMAN as a research study in 2001 and started providing limited services in 2003. The current framework of services as a standard program was implemented in 2018. The rules in Chapter 8 allow the services offered through the BCCEDP and WISEWOMAN to be offered in Iowa under one program, the IA CFY Program. The purposes of the IA CFY Program are to provide breast and cervical cancer screening and diagnostic services and cardiovascular risk factor screening and intervention services to low-income, uninsured, underinsured and underserved individuals, to provide public and professional development, and to support community partnerships enhancing statewide breast and cervical cancer and cardiovascular disease control activities. Chapter 8 covers agencies designated by contracting county boards of health to provide community-based IA CFY Program services and to receive funds from the Department for that purpose. The designated agencies facilitate the essential screening and diagnostic services consistent with CDC and IA CFY Program guidelines.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 20, 2019, as ARC 4766C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the State Board of Health on January 8, 2020.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to the Department’s waiver and variance provisions contained in 641—Chapter 178.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making action is adopted:
ITEM 1. Amend 641—Chapter 8 as follows: CHAPTER 8IOWA CARE FOR YOURSELF (IA CFY) PROGRAM[Prior to 4/4/12, see 641—Chapter 37]641—8.1(135) Definitions. For purposes of this chapter, the following definitions apply: "Abnormal screen" means a suspicion of breast or cervical cancer or laboratory values of total cholesterol or blood glucose and average blood pressure reading in the range defined by the CDC according to National Heart, Lung and Blood Institute guidelines.- A suspicion of breast cancer includes clinical breast examination findings of: palpable breast mass, breast dimpling, nipple retraction, bloody nipple discharge, palpable lymph nodes around clavicle or axilla, nipple erythema and scaliness, a mammography result of breast imaging reporting and data systems (BI-RADS) category 4 (suspicious abnormality suggesting need for biopsy) or category 5 (highly suggestive of malignancy) (ICD-9 793.810 R92.0, R92.1, R92.2, R92.8), breast biopsy result of ductal cancer in situ(ICD-10 D05.10, D05.11, D05.12), lobular cancer in situ (ICD-9 233.010 D05.00, D05.01, D05.02), or breast or lymph node (or other) biopsy result of breast cancer.
- Suspicion of cervical cancer is a Pap test result of atypical squamous cells cannot exclude high-grade squamous intraepithelial lesions (ASC-H) (ICD-9 795.0210 R87.611 or R87.622), atypical glandular cells (AGC) (ICD-9 795.0010 R87.619 or R87.629), low-grade squamous intraepithelial lesions (LSIL) (ICD-9 622.11 or 795.0310 R87.612 or R87.622), or high-grade squamous intraepithelial lesions (HSIL) (ICD-9 622.12 or 795.0410 R87.613 or R87.623), leukoplakia of the cervix (ICD-9 622.210 N88.0), or cervical biopsy result of cervical intraepithelial neoplasia II(ICD-10 N.87.1) or III (ICD-9 622.10, 622.11, 622.12, 795.03, or 795.0410 D06.0, D06.1, D06.7 or D06.9), or cancer in situ (ICD-9 233.110 D06.0, D06.1, D06.7 or D06.9).
- Abnormal value means laboratory values of total cholesterol or blood glucose (HbA1c if diagnosed diabetic) and average blood pressure reading in the range defined by the CDC according to National Heart, Lung and Blood Institute guidelines.
- Obesity.
- Physical inactivity.
- High blood pressure.
- High blood cholesterol.
- Diabetes.
- Tobacco use.
- Low density lipoprotein or LDL, also called “bad” cholesterol. LDL can cause buildup of plaque on the walls of arteries. The more LDL there is in the blood, the greater the risk of heartcardiovascular disease.
- High density lipoprotein or HDL, also called “good” cholesterol. HDL helps the body get rid of bad cholesterol in the blood. If levels of HDL are low, risk of heartcardiovascular disease increases.
- Very low density lipoprotein or VLDL. VLDL is similar to LDL cholesterol in that it contains mostly fat and not much protein.
- Total cholesterol means the sum of the very low, low and high density lipoproteins.
- When there is a preexisting-condition exclusion or when the annual or lifetime limit on benefits has been exhausted, a womanan individual is not considered to have creditable coverage for this treatment.
- If the womanan individual has limited coverage, such as a high deductible, limited drug coverage, or a limited number of outpatient visits, shethe individual is still considered to have creditable coverage and is not eligible for coverage under the breast and cervical cancer treatment option of Medicaid.
- If the womanan individual has a policy with a limited scope of coverage, such as only dental, vision, or long-term care, or has a policy that covers only a specific disease or illness, shethe individual is not considered to have creditable coverage unless the policy provides coverage for breast and cervical cancer treatment.
- For the purposes of this program, eligibility for Indian Health Services or tribal health care is not considered creditable coverage (according to P.L. 107-121, the Native American Breast and Cervical Cancer Treatment Technical Amendment Act of 2001).
- Being overweight.
- Lack of physical activity.
- High blood pressure.
- High blood cholesterol.
- Diabetes.
- Cigarette smoking.
- Reviewing and making recommendations for clinical service expansion.
- Reviewing program-developed clinical protocols.
- Providing recommendations related to other clinical and participant-related issues.
- Providing input related to quality assurance issues.
- Reviewing program screening and diagnostic data.
Rule making related to lead-based paint
The Public Health Department hereby amends Chapter 70, “Lead-Based Paint Activities,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 135.105A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 135.105A.Purpose and Summary These amendments consist of several changes grouped into the following categories: dust-lead hazard adjustment, deletion of and addition to definitions, deletion of rules that the program no longer deems necessary, and clarification of training requirements. The United States Environmental Protection Agency (EPA) recently adjusted the dust-lead hazard threshold for floors and window sills. The changes in this area were driven by recent evidence and science in the field, and were made effective in January 2020. Iowa is an authorized state for lead-based paint activities and must be in compliance with EPA regulations. The other changes are related to definitions, training provider requirements/course, and outdated program rules and language. These changes are needed to reflect current practices and requirements.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 20, 2019, as ARC 4773C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the State Board of Health on January 8, 2020.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to the Department’s waiver and variance provisions contained in 641—Chapter 178.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making actions are adopted:
ITEM 1. Amend rule 641—70.2(135), definitions of “Chewable surface,” “Clearance level” and “Dust-lead hazard,” as follows: "Chewable surface" means an interior or exterior surface painted with lead-based paint that a young child can mouth or chew.Surfaces can be considered chewable even if there is no evidence of teeth marks. "Clearance level" means the value at which the amount of lead in dust on a surface following completion of interim controls, lead abatement, paint stabilization, standard treatments, ongoing lead-based paint maintenance, rehabilitation, or renovation is a dust-lead hazard and fails clearance testing. The clearance level for a single-surface dust sample from a floor is greater than or equal to 4010 micrograms per square foot. The clearance level for a single-surface dust sample from an interior windowsill is greater than or equal to 250100 micrograms per square foot. The clearance level for a single-surface dust sample from a window trough is greater than or equal to 400 micrograms per square foot. "Dust-lead hazard" means surface dust in residential dwellings or child-occupied facilities that contains a mass-per-area concentration of lead greater than or equal to 4010 micrograms per square foot on floors, 250100 micrograms per square foot on interior windowsills, and 400 micrograms per square foot on window troughs based on wipe samples. A dust-lead hazard is present in a residential dwelling or child-occupied facility when the weighted arithmetic mean lead loading for all single-surface or composite samples of floors and interior windowsills is greater than or equal to 4010 micrograms per square foot on floors, 250100 micrograms per square foot on interior windowsills, and 400 micrograms per square foot on widowwindow troughs based on wipe samples. A dust-lead hazard is present on floors, interior windowsills, or window troughs in an unsampled residential dwelling in a multifamily dwelling if a dust-lead hazard is present on floors, interior windowsills, or window troughs, respectively, in at least one sampled residential unit on the property. A dust-lead hazard is present on floors, interior windowsills, or window troughs in an unsampled common area in a multifamily dwelling if a dust-lead hazard is present on floors, interior windowsills, or window troughs, respectively, in at least one sampled common area in the same common area group on the property. ITEM 2. Adopt the following new definition of “Public housing agency” in rule 641—70.2(135): "Public housing agency" "PHA" means a state, county, municipality, or other governmental entity or public body which is authorized to engage in or assist in the development or operation of low-income housing. A PHA must be approved by the U.S. Department of Housing and Urban Development (HUD). ITEM 3. Rescind the definitions of “Certified elevated blood lead (EBL) inspection agency” and “Elevated blood lead (EBL) inspection agency” in rule 641—70.2(135). ITEM 4. Amend rule 641—70.3(135) as follows:641—70.3(135) Lead professional certification. A person or a firm shall not conduct lead abatement, renovation, clearance testing after lead abatement, lead-free inspections, lead inspections, elevated blood lead (EBL) inspections, lead hazard screens, risk assessments, visual risk assessments, clearance testing after renovation, or interim controls, paint stabilization, standard treatments, ongoing lead-based paint maintenance, or rehabilitation pursuant to 24 CFR Part 35 unless the person or firm has been certified by the department in the appropriate discipline. However, persons who perform these activities within residential dwellings that they own are not required to be certified, unless the residential dwelling is occupied by a person other than the owner or a member of the owner’s immediate family while these activities are being performed. In addition, elevated blood lead (EBL) inspections shall be conducted only by certified elevated blood lead (EBL) inspector/risk assessors employed by or under contract with a certified elevated blood lead (EBL) inspection agencythe department, a local board of health, or a public housing agency. In addition, persons who perform renovation under the supervision of a certified lead-safe renovator, certified lead abatement contractor, or certified lead abatement worker and who have completed on-the-job training are not required to be certified. However, on-the-job training does not meet the training requirement for work conducted pursuant to 24 CFR Part 35. Lead professionals and firms shall not state that they have been certified by the state of Iowa unless they have met the requirements of 641—70.5(135) and been issued a current certificate by the department. Elevated blood lead (EBL) inspection agencies must be certified by the department. Elevated blood lead (EBL) inspection agencies shall not state that they have been certified by the state of Iowa unless they have met the requirements of 641—70.5(135) and been issued a current certificate by the department. ITEM 5. Amend paragraphs 70.4(1)"p" and 70.4(1)"q" as follows: p. The training program shall notify the department in writing within 30 days of changing the address specified on its training program approval application or transferring the records from that address. q. A training program shall notify the department in writing at least 7 days in advance of offering an approved course. The notification shall include the date(s), time(s), and location(s) where the approved course will be held. A training program shall notify the department at least 24 hours in advance of canceling an approved course. ITEM 6. Adopt the following new subrule 70.4(5): 70.4(5) To be approved for the training of elevated blood lead (EBL) inspector/risk assessors, a course must be at least eight training hours with a minimum of two hours devoted to hands-on activities and shall cover at least the following subjects (requirements ending in an asterisk (*) indicate areas that require hands-on activities as an integral component of the course): a. Role and responsibility of an elevated blood lead (EBL) inspector/risk assessor. b. Background information on childhood lead poisoning prevention programs in Iowa. c. EBL lead inspection protocol described in this chapter and the EBL inspection protocol recommended by HUD. d. Environmental and medical case management of lead-poisoned children. e. Health effects of lead poisoning including an in-depth review of the scientific studies demonstrating the health effects of lead poisoning. f. Chelation therapy including at what levels it is recommended and when it might not be needed. g. Risk of childhood lead exposure from adult occupations or hobbies. h. Case scenarios.* i. The course shall conclude with a course test. The student must achieve a score of at least 80 percent on the examination and successfully complete the hands-on skills assessment to successfully complete the course. The student may take the course test no more than three times within six months of completing the course. If an individual does not pass the course test within six months of completing the course, the individual must retake the appropriate approved course. j. The instructor shall provide an introduction of the online certification system used by the department. The instructor shall advise each student on the procedures needed to apply to the department for certification and provide information to each student on the procedures needed for taking the state certification examination. The instructor shall also provide each student with a current copy of this chapter and 641—Chapter 69. k. All of the course materials must be provided to each student. The materials may be provided electronically unless an individual student requests that the materials be provided on paper. ITEM 7. Amend paragraph 70.5(1)"d" as follows: d. If wishing to become a certified elevated blood lead (EBL) inspector/risk assessor, documentation of successful completion of 8 hours of training from the department’s childhood lead poisoning prevention program. This training shall cover the roles and responsibilities of an elevated blood lead (EBL) inspector/risk assessor and the environmental and medical case management of elevated blood lead (EBL) childrenan eight-hour elevated blood lead (EBL) inspector/risk assessor course. ITEM 8. Rescind and reserve subrule 70.5(5). ITEM 9. Amend subrule 70.6(3), introductory paragraph, as follows: 70.6(3) A certified elevated blood lead (EBL) inspector/risk assessor must conduct elevated blood lead (EBL) inspections according to the following standards. Elevated blood lead (EBL) inspections shall be conducted only by a certified elevated blood lead (EBL) inspector/risk assessor.This protocol may be used for children who do not meet the definition of an EBL child as defined in this chapter as long as the inspection is authorized by the department, a local board of health, or a public housing agency. ITEM 10. Amend subrule 70.6(7) as follows: 70.6(7) A certified lead inspector/risk assessor, a certified elevated blood lead (EBL) inspector/risk assessor, or a certified sampling technician must conduct visual risk assessments according to the following standards.Provided that all of the following standards are met, a certified lead inspector/risk assessor, a certified elevated blood lead (EBL) inspector/risk assessor, or a certified sampling technician may remotely conduct a visual risk assessment using technology that allows for adequate visual evaluation of the painted surfaces. Visual risk assessments shall be conducted only by a certified lead inspector/risk assessor, a certified elevated blood lead (EBL) inspector/risk assessor, or a certified sampling technician. a. Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to at least one child under the age of six years shall be collected. b. A visual inspection for risk assessment shall be undertaken to locate the existence of deteriorated paint and other potential lead-based paint hazards and to assess the extent and causes of the paint deterioration. A certified lead inspector/risk assessor, a certified elevated blood lead (EBL) inspector/risk assessor, or a certified sampling technician shall assess each component in each room, including each exterior side. A certified lead inspector/risk assessor, a certified elevated blood lead (EBL) inspector/risk assessor, or a certified sampling technician shall identify the following conditions as potential lead-based paint hazards: (1) All interior and exterior surfaces with deteriorated paint. (2) Horizontal hard surfaces, including but not limited to floors and windowsills, that are not smooth or cleanable. (3) Dust-generating conditions, including but not limited to conditions causing rubbing, binding, or crushing of surfaces known or presumed to be coated with lead-based paint. (4) Bare soil in the play area and dripline of the home. c. A certified lead inspector/risk assessor, a certified elevated blood lead (EBL) inspector/risk assessor, or a certified sampling technician shall prepare a written report for each residential dwelling or child-occupied facility where a visual risk assessment is conducted. No later than three weeks after completing the visual risk assessment, the certified lead inspector/risk assessor, certified elevated blood lead (EBL) inspector/risk assessor, or certified sampling technician shall send a copy of the report to the property owner and to the person requesting the visual risk assessment, if different. A certified lead inspector/risk assessor, a certified elevated blood lead (EBL) inspector/risk assessor, or a certified sampling technician shall maintain a copy of the report for no less than three years. The report shall include, at least: (1) Date of each visual risk assessment; (2) Address of building; (3) Date of construction; (4) Apartment numbers (if applicable); (5) The name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility; (6) Name, signature, and certification number of each certified sampling technician, certified lead inspector/risk assessor, or certified elevated blood lead (EBL) inspector/risk assessor conducting the visual risk assessment; (7) Name and certification number of the certified firm(s) conducting the visual risk assessment; (8) A statement that all painted or finished components must be assumed to contain lead-based paint; (9) Specific locations of painted or finished components identified as likely to contain lead-based paint and likely to be lead-based paint hazards; (10) Specific locations of bare soil in the play area and the dripline of a home; (11) If a remote visual risk assessment is conducted, a description of the methodologies used; (11) (12) Information for the owner and occupants on how to reduce lead hazards in the residential dwelling or child-occupied facility; (12) (13) Information regarding the owner’s obligations to disclose known lead-based paint and lead-based paint hazards upon sale or lease of residential property as required by Subpart H of 24 CFR Part 35 and Subpart I of 40 CFR Part 745; (13) (14) Information regarding Iowa’s prerenovation notification requirements found in 641—Chapter 69;, and information regarding Iowa’s regulations for renovation found in 641—Chapter 70; and (14) (15) The report shall contain the following statement:“The Iowa Department of Public Health may review this report for compliance purposes. It is a violation of law for anyone other than the certified lead professional signing it to alter this report. This report may be supplemented with additional information, so long as any addendum is signed by a sampling technician, lead inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor certified according to Iowa Administrative Code 641—70.3(135) and 70.5(135).” ITEM 11. Rescind and reserve subrule 70.6(12). ITEM 12. Amend subrule 70.10(1) as follows: 70.10(1) When the department finds that the applicant, certified lead professional, certified elevated blood lead (EBL) inspection agency, or certified firm has committed any of the following acts, the department may deny an application for certification, may suspend or revoke a certification, may prohibit specific work practices, may require a project conducted by persons or firms that are not certified or a project where prohibited work practices are being used to be halted, may require the cleanup of lead hazards created by the use of prohibited work practices, may impose a civil penalty, may place on probation, may require additional education, may require reexamination of the state certification examination, may issue a warning, may refer the case to the office of the county attorney for possible criminal penalties pursuant to Iowa Code section 135.38, or may impose other sanctions allowed by law as may be appropriate. a. Failure or refusal to comply with any requirements of this chapter. b. Failure or refusal to establish, maintain, provide, copy, or permit access to records or reports as required by rules 641—70.3(135) to 641—70.7(135). c. Failure or refusal to permit entry or inspection as described in subrules 70.9(1) to 70.9(3). d. Obtaining or attempting to obtain certification through fraudulent representation. e. Failure to obtain certification from the department and performing work requiring certification. f. Fraudulently obtaining certification and engaging in any lead-based paint activities requiring certification. g. Conducting any part of a lead-based paint activity that requires certification without being certified or with a certification that has lapsed. h. Obtained documentation of training through fraudulent means. i. Gained admission to an accredited training program through misrepresentation of admission requirements. j. Obtained certification through misrepresentation of certification requirements or related documents pertaining to education, training, professional registration, or experience. k. Performed work requiring certification at a job site without having proof of current certification. l. Permitted the duplication or use of the individual’s or firm’s own certificate by another. m. Failed to follow the standards of conduct required by 641—70.6(135). n. Failed to comply with federal, state, or local lead-based paint statutes and regulations, including the requirements of this chapter. o. Performed work for which certification is required with employees or persons under the control of the certified elevated blood lead (EBL) inspection agency or certified firm who were not appropriately certified. p. Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of lead professional activities or engaged in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established. q. Used untruthful or improbable statements in advertisements. This includes, but is not limited to, an action by a lead professional making information or intention known to the public that is false, deceptive, misleading, or promoted through fraud or misrepresentation. r. Falsified reports and records required by this chapter. s. Accepted any fee by fraud or misrepresentation. t. Negligence by the firm or individual in the practice of lead professional activities. This includes a failure to exercise due care, including negligent delegation of duties or supervision of employees or other individuals, whether or not injury results; or any conduct, practice, or conditions that impair the ability of the firm or individual to safely and skillfully practice the profession. u. Revocation, suspension, or other disciplinary action taken by a certification or licensing authority of this state, another state, territory, or country; or failure by the firm or individual to report such action in writing within 30 days of the final action by such certification or licensing authority. A stay by an appellate court shall not negate this requirement; however, if such disciplinary action is overturned or reversed by a court of last resort, the report shall be expunged from the records of the board. v. Failed to comply with the terms of a department order or the terms of a settlement agreement or consent order. w. Representation by a firm or individual that the firm or individual is certified when the certification has been suspended or revoked or has not been renewed. x. Failed to respond within 20 days of receipt of communication from the department that was sent by registered or certified mail. y. Engaged in any conduct that subverts or attempts to subvert a department investigation. z. Failed to comply with a subpoena issued by the department or failure to cooperate with a department investigation. aa. Failed to pay costs assessed in any disciplinary action. ab. Been convicted of a felony or misdemeanor related to lead professional activities or the conviction of any felony or misdemeanor that would affect the ability of the firm or individual to perform lead professional activities. A copy of the record of conviction or plea of guilty shall be conclusive evidence. ac. Unethical conduct. This includes, but is not limited to, the following: (1) Verbally or physically abusing a client or coworker. (2) Improper sexual conduct with or making suggestive, lewd, lascivious, or improper remarks or advances to a client or coworker. (3) Engaging in a professional conflict of interest. (4) Mental or physical inability reasonably related to and adversely affecting the ability of the firm or individual to practice in a safe and competent manner. (5) Being adjudged mentally incompetent by a court of competent jurisdiction. (6) Habitual intoxication or addiction to drugs.- The inability of a lead professional to practice with reasonable skill and safety by reason of the excessive use of alcohol on a continuing basis.
- The excessive use of drugs which may impair a lead professional’s ability to practice with reasonable skill or safety.
- Obtaining, possessing, attempting to obtain or possess, or administering controlled substances without lawful authority.
Rule making related to medical cannabidiol program
The Public Health Department hereby amends Chapter 154, “Medical Cannabidiol Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 124E.11.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 124E.Purpose and Summary These amendments are primarily intended to address concerns raised by MedPharm Iowa, LLC (MPI) and the Administrative Rules Review Committee (ARRC) at the July 2019 ARRC meeting regarding ARC 4489C where a session delay was imposed by the ARRC for Items 1, 4, 7, 10, 11, 12, 13, 15, 21, 22, and 24 in ARC 4489C. The Department met with representatives from MPI to understand the details of the concerns raised and appeared at the ARRC meeting in October as requested for a special review of this rule making. These amendments are intended to address the concerns raised by MPI and the ARRC. All session-delayed items are addressed in this rule making with the exception of ARC 4489C, Item 4, which relates to health care practitioner certification, duties and prohibitions. In addition to the aforementioned, these amendments clarify that while manufacturers must continue to track all cannabis plants at all times, plants can be assigned to a “batch” for tracking at the time of harvest instead of at the time of planting. Additional amendments include:
- The reason for the stop;
- The duration of the stop; and
- The location of the stop.
Rule making related to student loan default
The Public Health Department hereby rescinds Chapter 195, “Student Loan Default/Noncompliance with Agreement for Payment of Obligation,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in 2019 Iowa Acts, Senate File 304.State or Federal Law Implemented This rule making implements, in whole or in part, 2019 Iowa Acts, Senate File 304.Purpose and Summary 2019 Iowa Acts, Senate File 304, repeals Iowa Code sections 261.121 through 261.127, eliminating the statutory authority for Chapter 195. This rule making rescinds Chapter 195.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 20, 2019, as ARC 4765C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the State Board of Health on January 8, 2020.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to the Department’s waiver and variance provisions contained in 641—Chapter 178.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making action is adopted:
ITEM 1. Rescind and reserve 641—Chapter 195. [Filed 1/13/20, effective 3/18/20][Published 2/12/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/12/20.ARC 4932CSecretary of State[721]Adopted and FiledRule making related to felony conviction verification
The Secretary of State hereby amends Chapter 28, “Voter Registration File (I-Voters) Management,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 17A.3 and 47.1.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 48A.30.Purpose and Summary This rule making is one of several new measures Iowa Secretary of State Paul Pate’s office is taking to ensure the integrity of Iowa’s felon database. Felons are currently barred from voting in Iowa unless their rights have been restored. Iowa’s felon database contains more than 100,000 entries. The Secretary of State’s office has partnered with the Iowa Judicial Branch to ensure information provided by the courts to the Secretary of State’s office pursuant to Iowa Code section 48A.30, regarding felony convictions, is accurate. This includes a six-step verification process. Three of those steps are new, and the others have been enhanced. The intent of this rule making is to clarify the roles of the Iowa Judicial Branch, the Secretary of State’s office and county auditors regarding the felon database. The changes to the rule require the Secretary of State’s office to verify a felony conviction prior to forwarding the voter’s information so county auditors can complete the cancellation process. In addition to adding verification steps for new convictions, the Secretary of State’s office will also be conducting a manual review of all database entries. The goal is for the review to be completed prior to the November 3, 2020, general election. Secretary Pate’s office will utilize federal funds to pay for additional staff and review of the felon data.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 18, 2019, as ARC 4804C. A public hearing was held on January 10, 2020, at 2 p.m. at the Iowa Capitol Building, Room 22, Des Moines, Iowa. Two members of the public commented during the hearing. Daniel Zeno, a representative of the American Civil Liberties Union (ACLU), echoed the organization’s written comments, which are detailed below. Eric Van Kerckhove, who is the mayor of Palo, Iowa, and a convicted felon, shared his experience with the restoration process, reregistering to vote, and running for public office. Mayor Van Kerckhove also shared ideas on how the Secretary of State’s office might reach out to individuals who have had their rights restored and encourage them to register and participate in elections. The Secretary of State received written comments from the Iowa Bar Association, the ACLU, and the Brennan Center. The Iowa State Bar Association’s Criminal Law Section wanted to ensure that a verification of a defendant’s identity would occur before the defendant’s voter registration was canceled. The fifth of six verifications occurs in the county auditor’s office, where the information received from the courts is compared to the list of registered voters in the county. In accordance with rule 721—28.4(48A), the Secretary of State’s office is working with the courts to be able to include Iowa Department of Transportation (DOT) ID numbers and sex designation with the information auditors are sent, which will provide additional data points to ensure that only individuals who have been convicted of a felony have their registration canceled. The final verification of the cancellation occurs when the voter is sent a notice that explains why the voter’s registration was canceled. The ACLU’s comments stated: (1) “Proposed rule 28.4(2) should expand on the process through which the Secretary and the Judicial Branch will collaborate ‘to obtain documentation about felony convictions in a timely, efficient fashion’” and (2) “The proposed rulemaking should be amended to ensure that proper notice is given to voters incorrectly removed from the list of persons with felony convictions provided by the Iowa Judicial Branch.” The ACLU’s first comment was addressed at length at the Administrative Rules Review Committee meeting on January 10, 2020. The Iowa Secretary of State’s office, a member of the Executive Branch, does not have rule-making authority over the Judicial Branch. The language in the rule was drafted in partnership with the Judicial Branch, and proof of conviction documentation is currently being provided through remote access to Iowa Courts Online. The ACLU’s second comment addresses the Secretary of State’s review of convictions occurring prior to 2020, which is not a part of this rule making. The Brennan Center’s comments requested different matching criteria, which would require exact matches of a voter’s date of birth and social security number, and matches of a first name, short version or long version, and last name. The last name must be the voter’s current last name or a last name recorded in the statewide voter registration database. Iowa law does not require voters to provide their social security number when registering to vote, and accordingly not every voter registration record has a social security number affiliated with it. Additionally, not all voters update their voter registration when a name change occurs. Therefore, adopting this approach would cause some convicted felons to remain on the voter rolls and to believe they are eligible to vote, which puts them at risk for reoffending. Additionally, in the unlikely event of an erroneous match, voters are mailed a cancellation notice and given the opportunity to contact their county auditor if they believe the cancellation was in error. The Brennan Center also requested that the Secretary of State’s office send a notice to voters as a part of the office’s review of convictions prior to 2020, which is not a part of this rule making. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Secretary of State on January 22, 2020.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Secretary of State for a waiver of the discretionary provisions, if any, pursuant to 721—Chapter 10.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making action is adopted:
ITEM 1. Amend rule 721—28.4(48A) as follows:721—28.4(48A) Cancellations and restorations of voter registration due to felony conviction. 28.4(1) Based upon information provided to the state registrar by the state or federal judicial branch and by the governor, the state registrar shall maintain a list of convicted felonsconvicted in State of Iowa District Courts and the United States District Courts of the Northern and Southern Districts of Iowa and a list of convicted felons whose voting rights have been restoredby the governor of Iowa. Periodically, these lists shall be matched with I-VOTERS. Based upon predetermined search criteria, a list of likely matches of ineligible voters shall be produced for each county and provided to each county registrar. 28.4(2) The state registrar has a demonstrated institutional need for documentation that sufficiently establishes an individual defendant’s felony conviction. Therefore, the state registrar shall collaborate with the judicial branch to obtain documentation about felony convictions in a timely, efficient fashion, which shall include documentation sufficient to establish an individual defendant’s felony conviction. When the state registrar receives felony conviction information from the United States attorney pursuant to Iowa Code section 48A.30(1)“d,” the state registrar shall request documentation sufficient to establish conviction of an offense classified as a felony under federal law. The state registrar shall verify any conviction information provided pursuant to Iowa Code section 48A.30(1)“d” prior to adding an individual to the list of convicted felons maintained pursuant to subrule 28.4(1). 28.(2) 28.4(3) Within 1530 days of the receipt of the list produced by the state registrar in accordance withsubrule 28.4(1), the county registrar shall review the list of likely matches, determine the accuracy of the search resultsbased on first name, last name, date of birth and social security number and cancel the registrations of those voters found to be ineligible to vote.The county registrar may also utilize sex, Iowa driver’s license or nonoperator’s identification numbers, and previous names, if available, to determine the accuracy of the search results. If the county registrar has questions regarding a felony conviction, the county registrar shall contact the court of conviction’s clerk of court. Notice shall be sent to the voter at the voter’s address in the voter registration file pursuant to Iowa Code section 48A.30(2). The notice shallbe sent by forwardable mail and shall provide the voter an opportunity to have the county registrar review any relevant information that establishes the voter’s eligibility to vote. When inclusion of a voter’s name on the list of likely matches is found to be inaccurate, the registrar shall mark the record as a “no match” and provide that information to the state registrar. 28.(3) 28.4(4) New applicants for registration entered into I-VOTERS by a county registrar shall be electronically matched against the list of convicted felons in the file, and applicants disqualified due to felony conviction shall not be registered as voters. The county registrar shall notify the registration applicant of the applicant’s disqualification in the same manner as provided for in subrule 28.4(2) above. [Filed 1/24/20, effective 3/18/20][Published 2/12/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/12/20.ARC 4908CTransportation Department[761]Adopted and FiledRule making related to special registration plates
The Department of Transportation hereby amends Chapter 401, “Special Registration Plates,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12, 321.34 and 321.166.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 321.34 as amended by 2019 Iowa Acts, Senate File 638, section 35.Purpose and Summary These amendments conform Chapter 401 to 2019 Iowa Acts, Senate File 638, section 35, which amends Iowa Code section 321.34 to provide for the creation of new blackout license plates. In accordance with Senate File 638, the Department began taking orders for the new blackout license plates on July 1, 2019. The amendments also make technical changes throughout the chapter to update the Vehicle and Motor Carrier Services Bureau’s name and to accommodate electronic submission of license plate applications, which further streamlines the application process.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 6, 2019, as ARC 4736C. The Department received comments from a person who wants to obtain blackout license plates with the person’s amateur radio call letters and asked that the administrative rules authorize blackout plates for amateur radio operators. The Department consulted with the Department’s legal counsel, and the Department is not able to accommodate this specific request because Iowa Code requires the radio operator plate to be consistent with the design and color of the regular registration plate (i.e., standard country/city design). The Department did offer the person the option to request a personalized blackout license plate with the person’s amateur radio call letters, but because current subrule 401.6(2) prohibits the use of a zero on personalized plates, and this person’s amateur radio call sign contains the character zero, the person was not satisfied with the option to substitute the zero with the letter “O.” Therefore, the Department committed to evaluating the possibility of initiating a new rule making to remove the prohibition on using the number zero from personalized plates. Initiating a new rule making to accomplish this change will allow the Department to gather sufficient stakeholder input on the change as well as allow for necessary computer programming changes. Item 20 was not adopted because it proposed to add a reference to 2019 Iowa Acts, Senate File 638, which has now been codified in the 2020 Iowa Code.Adoption of Rule Making This rule making was adopted by the Department on January 16, 2020.Fiscal Impact This rule making has no fiscal impact beyond that imposed by its authorizing legislation. 2019 Iowa Acts, Senate File 638, section 35, established the fees for the new blackout plates. The fee for initial issuance of one set of standard (nonpersonalized) blackout plates is $35, and the fee for annual renewal of the plates is $10. Section 35 allows any blackout plates issued to be personalized and retains the usual fees for personalized plates established in Iowa Code section 321.34(5), which are an additional $25 for initial issuance of the plates and $5 for annual renewal of the plates. The authorizing legislation and the rules adopted pursuant to the legislation will have a positive fiscal impact on Iowa’s Road Use Tax Fund, since Senate File 638, section 35, requires that all fees authorized for the blackout plates be deposited in the Road Use Tax Fund. Although it is difficult to predict the long-term ordering and adoption rates, the plates appear to be popular. As of December 31, 2019, there were approximately 92,000 blackout plates in use, and approximately 28 percent of the plates issued were personalized. Based on those numbers and for that time frame, approximately $4 million in additional revenue was collected that will inure to the benefit of the Road Use Tax Fund. This positive impact will grow as additional orders are received in the future. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 401.2(1)"b" as follows: b. CollegiateApplication for blackout plates, collegiate plates, personalized plates, and special registration plates that have eligibility requirements must be requested using an application formsubmitted to the department in a manner prescribed by the department. Unless otherwise specified, completed application formsapplications for these plates shall be submitted to the department at the following address: Office of Vehicle and Motor Carrier ServicesBureau, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306-9278. Application formsApplications may be obtained from the office of vehicle and motor carrier servicesbureau or from any county treasurer’s office. Application formsApplications are also available on the department’s website at www.iowadot.gov. ITEM 2. Amend rule 761—401.4(321) as follows:761—401.4(321) Gift certificates. Gift certificates forblackout plates, collegiate plates, personalized plates, and special registration plates that have eligibility requirements may be purchased using the prescribed plate application form. Gift certificates for special registration plates that counties have in their inventories may be purchased from county treasurers’ offices. ITEM 3. Amend rule 761—401.5(321) as follows:761—401.5(321) Amateur radio call letter plates. Application for amateur radio call letter plates shall be made to the county treasurer on a formin a manner prescribed by the department. The number of the amateur radio license issued by the Federal Communications Commission shall be listed on the application. ITEM 4. Amend subrule 401.6(1) as follows: 401.6(1) Application. Application for personalized plates shall be submitted to the department on a formin a manner prescribed by the department. ITEM 5. Amend subrule 401.7(1) as follows: 401.7(1) Application. Application for collegiate plates shall be submitted to the department on a formin a manner prescribed by the department. The applicant may request letter-number designated collegiate plates or personalized collegiate plates. Collegiate plates for motorcycles, autocycles and small trailers are not available. ITEM 6. Amend subrule 401.8(1) as follows: 401.8(1) Application for Medal of Honor plates shall be submitted to the department on a formin a manner prescribed by the department. The applicant shall attach a copy of the official government document verifying receipt of the medal of honor. ITEM 7. Amend subrule 401.10(1) as follows: 401.10(1) Application for emergency medical services (EMS) plates shall be submitted to the department on a formin a manner prescribed by the department. The applicant and the applicant’s service director shall sign the application form certifying that the applicant is a current member of a paid or volunteer emergency medical services agency. For purposes of this subrule, “service director” means a service director as defined in Iowa department of public health rule 641—132.1(147A). ITEM 8. Adopt the following new rule 761—401.12(321):761—401.12(321) Blackout plates. 401.12(1) Application. Application for blackout plates shall be submitted to the department in a manner prescribed by the department. The applicant may request letter-number designated blackout plates or personalized blackout plates. Blackout plates are available for autocycles, motor trucks, motor homes, multipurpose vehicles, motorcycles, trailers and travel trailers. 401.12(2) Characters. Personalized blackout plates shall be issued in accordance with subrule 401.6(2). ITEM 9. Amend subrule 401.15(3) as follows: 401.15(3) The office of vehicle and motor carrier servicesbureau may consult with other organizations, law enforcement authorities, and the general public concerning the decal design. ITEM 10. Amend subrule 401.15(4) as follows: 401.15(4) Within 60 days after receiving the application, the office of vehicle and motor carrier servicesbureau shall advise the organization of the department’s approval or denial of the application. The department reserves the right to approve or disapprove any decal design. ITEM 11. Amend paragraph 401.18(1)"d" as follows: d. The office of vehicle and motor carrier servicesbureau may consult with other organizations, law enforcement authorities, and the general public concerning distinguishing processed emblems. ITEM 12. Amend subrule 401.18(4) as follows: 401.18(4) Application process. a. Applications for either letter-number designated or personalized combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, or combat medical badge special registration plates shall be submitted to the department on a formin a manner prescribed by the department. The applicant shall attach to the application a copy of an official government document verifying award of the combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal or combat medical badge to the applicant. b. Applications for letter-number designated civil war sesquicentennial or fallen peace officers special registration plates shall be submitted to the county treasurer. c. Applications for personalized civil war sesquicentennial or fallen peace officers special registration plates shall be submitted to the department on a formin a manner prescribed by the department. ITEM 13. Amend rule 761—401.19(321) as follows:761—401.19(321) Legion of Merit plates. Application for special plates with a Legion of Merit processed emblem shall be submitted to the department on a formin a manner prescribed by the department. The applicant shall attach a copy of the official government document verifying receipt of the Legion of Merit. Personalized plates with a Legion of Merit processed emblem are not available. Pursuant to Iowa Code section 321.34, an applicant is eligible for one set of Legion of Merit plates at a reduced annual registration fee of $15 for one vehicle owned. However, an applicant may obtain additional Legion of Merit plates upon payment of the regular annual registration fee. ITEM 14. Amend subrule 401.20(1), introductory paragraph, as follows: 401.20(1) Application. Application for special plates with a persons with disabilities processed emblem shall be submitted to the county treasurer on a formin a manner prescribed by the department. ITEM 15. Amend subrule 401.21(1) as follows: 401.21(1) Application for special plates with an ex-prisoner of war processed emblem shall be submitted to the department on a formin a manner prescribed by the department. The applicant shall attach a copy of an official government document verifying that the applicant was a prisoner of war. If the document is not available, a person who has knowledge that the applicant was a prisoner of war shall sign a statement to that effect on the application form. ITEM 16. Amend rule 761—401.22(321) as follows:761—401.22(321) National guard plates. Application for special plates with a national guard processed emblem shall be submitted to the department on a formin a manner prescribed by the department. The unit commander of the applicant shall sign the application form confirming that the applicant is a member of the Iowa national guard. ITEM 17. Amend rule 761—401.23(321) as follows:761—401.23(321) Pearl Harbor plates. Application for special plates with a Pearl Harbor processed emblem shall be submitted to the department on a formin a manner prescribed by the department. The applicant shall attach a copy of an official government document verifying that the applicant was stationed at Pearl Harbor, Hawaii, as a member of the armed forces on December 7, 1941. ITEM 18. Amend rule 761—401.24(321), introductory paragraph, as follows:761—401.24(321) Purple Heart, Silver Star and Bronze Star plates. Application for special plates with a Purple Heart, Silver Star, or Bronze Star processed emblem shall be submitted to the department on a formin a manner prescribed by the department. To verify receipt of the medal, the applicant shall attach a copy of one of the following: ITEM 19. Amend rule 761—401.25(321), introductory paragraph, as follows:761—401.25(321) U.S. armed forces retired plates. Application for special plates with a United States armed forces retired processed emblem shall be submitted to the department on a formin a manner prescribed by the department. A person is considered to be retired if the person is recognized by the United States armed forces as retired from the United States armed forces. To verify retirement from the United States armed forces, the applicant shall attach a copy of one of the following: [Filed 1/16/20, effective 3/18/20][Published 2/12/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/12/20.ARC 4909CTransportation Department[761]Adopted and FiledRule making related to driver education
The Department of Transportation hereby amends Chapter 634, “Driver Education,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321.178.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 307.12; 321.178 as amended by 2019 Iowa Acts, Senate File 319; and 321.178A.Purpose and Summary This rule making amends Chapter 634 to incorporate amendments that align with existing legal authority and Department practice, eliminate outdated or irrelevant requirements or options, and promote consistency by organizing the requirements for behind-the-wheel driver education instructors according to whether the instructor is a licensed teacher, a licensed teacher with an expired teaching license, a peace officer or a retired peace officer, or is not a licensed teacher. The most significant amendments modernize the certification process for a behind-the-wheel driver education instructor under the authority of the Department in Iowa Code section 321.178. A person providing parent-taught driver education under the authority in Iowa Code section 321.178A is not considered a behind-the-wheel driver education instructor and is therefore not subject to the same certification requirements that make up the majority of this rule making. A behind-the-wheel driver education instructor is certified by the Department and authorized by the Iowa Board of Educational Examiners to provide the “street or highway driving” portion of a driver education program and can be a licensed teacher or a person who is not a licensed teacher. This is different than a classroom driver education instructor, who can only be a licensed teacher and is regulated exclusively by the Iowa Board of Educational Examiners. Certified behind-the-wheel driver education instructor requirements. There are approximately 700 behind-the-wheel driver education instructors in Iowa certified by the Department and authorized by the Iowa Board of Educational Examiners. The current rules lack specificity regarding the difference in the requirements a person must meet to provide behind-the-wheel instruction depending on if the person is a licensed teacher, a peace officer or retired peace officer, or is not a licensed teacher. Therefore, the goals of this rule making are to spell out the differences where necessary and to apply the same requirements consistently amongst behind-the-wheel instructors while comprehensively modernizing the behind-the-wheel certification process. Improvements include offering instructor refresher course options that are more tailored to the specific audience’s existing skill set and professional experience, and that provide value and are more convenient, including electronic training options. The amendments also reduce burdens by making the instructor refresher course biennial (rather than annual) and offering a new way for an instructor with an expired behind-the-wheel certification to regain certified status without having to retake the entire instructor preparation course. The new requirement to complete the instructor refresher course biennially begins January 1, 2021, and will apply to all certified behind-the-wheel instructors. The Department currently offers a robust and well-received annual behind-the-wheel instructor refresher course in person and is actively working on developing additional course opportunities, including via webinar or an online training module. Currently, a licensed teacher is not required to participate in any behind-the-wheel refresher course if the teacher has maintained a valid teacher’s license, whereas a behind-the-wheel instructor who is not a licensed teacher has always been required to attend the refresher course annually. The instructor refresher course provides an excellent opportunity to review trends and improvements in the area of driver education that are specific to behind-the-wheel instruction, as well as identify updates to the laws governing traffic safety and driver education, and therefore is considered a necessary component of the behind-the-wheel certification process to yield consistency in driver education. However, in recognizing that certain categories of behind-the-wheel instructors are required to maintain a specific skill set as part of their profession, for example, a licensed teacher or a peace officer, the Department plans to develop refresher course content that is specifically tailored, rather than subjecting a licensed teacher or peace officer to course content that does not take into account their existing skill sets and specific needs when it comes to behind-the-wheel driver education instruction. These amendments incorporate the changes made in 2019 Iowa Acts, Senate File 319, which amends Iowa Code section 321.178 to exempt peace officers and retired peace officers from the requirement to be authorized by the Iowa Board of Educational Examiners to provide behind-the-wheel driver education instruction. A peace officer or retired peace officer must still meet other requirements under the rules to be certified by the Department to provide behind-the-wheel driver education, except a peace officer or retired peace officer will not be required to complete the initial behind-the-wheel instructor classroom and behind-the-wheel driving preparation course under subparagraph 634.6(6)“a”(3). These amendments also align the Department’s reasons for disqualification of a behind-the-wheel instructor with the reasons for which the Iowa Board of Educational Examiners may deny an application for licensure, certification or authorization under rule 282—11.35(272). By aligning the Department’s disqualification reasons with the Board’s requirements, there will be less chance for inconsistency and unequal treatment for persons providing behind-the-wheel driver education instruction. Parent-taught driver education. A parent providing parent-taught driver education under Iowa Code section 321.178A is not subject to the behind-the-wheel certification requirements as an instructor who teaches at a school-offered or commercial driver education program, so the majority of this rule making does not apply to parent-taught driver education. However, the Department did identify an improvement to the rules governing parent-taught driver education that will provide a teaching parent and the student greater flexibility. These amendments remove the requirement for a student and parent to restart the course if the student and parent start an approved course before they receive Departmental approval to begin the course. Making this change will help avoid situations where a student is required to retake an approved course that the student had already started or completed simply because the student began too soon, and instead allows the focus to remain on whether the course is approved and appropriate and the remaining requirements are properly met.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 20, 2019, as ARC 4771C. No public comments were received. In paragraph 634.6(5)“b,” the word “otherwise” was removed. No other changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on January 16, 2020.Fiscal Impact These amendments alter the application and certification process for behind-the-wheel driver education instructors but do not impose any fees and, therefore, do not have a fiscal impact. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 18, 2020. The following rule-making actions are adopted:
ITEM 1. Amend rule 761—634.1(321) as follows:761—634.1(321) Information and location. Applications, forms and information regarding this chapter are available by mail from the Office of Driverand Identification ServicesBureau, Iowa Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; by telephone at (515)237-3153(515)244-8725; or by facsimile at (515)237-3071(515)239-1837; or on the department’s website at www.iowadot.gov. ITEM 2. Amend rule 761—634.2(321) as follows:761—634.2(321) DefinitionDefinitions. "Behind-the-wheel instruction" means the street or highway driving instruction component of an approved driver education course. "Instructor," for purposes of this chapter, means a person certified to provide behind-the-wheel instruction. "Laboratory instruction" includes instruction received by a student while the student is in the driver education vehicle or adjacent to it as referred to in paragraphs 634.4(2)“c” and 634.4(2)“d” and may also include range or simulation as referred to in paragraphs 634.4(2)“h” and 634.4(2)“i.” "Serious injury" means the same as defined in Iowa Code section 702.18. "Teacher" means the same as defined in Iowa Code section 272.1. ITEM 3. Amend subrule 634.4(1) as follows: 634.4(1) Course approval. Any school district, area education agency, merged area school, other agency or individualperson planning to offer a driver education course must receive course approval, which includes approval of all teachers and instructors listed on the application, from the department prior to the beginning of the first class that is offered and annually thereafter. The agency or institution or individualperson shall complete a form provided by the department to apply for course approvalin a manner determined by the department. Course approval will be issued for a calendar year or remainder of a calendar year. The approval expires on December 31 and must be renewed annually.The approval is valid for one calendar year or a remaining calendar year and expires on December 31. The application for course renewal shall be submitted to the department within 60 days of the expiration date, unless otherwise approved by the department. ITEM 4. Amend subrule 634.4(2) as follows: 634.4(2) Course requirements. Driver education coursesprovided by approved programs must comply with the following: a. Schools shall provide for each student a minimum of 1800 minutes in classroom instruction, plus 360 minutes in supervised laboratory instruction, exclusive of observation time, in a dual-control motor vehicle. b. Each student shall be scheduled to receive classroom andor laboratory instruction each week of the course but in no case shall laboratory instruction conclude later than 30 days after classroom instruction is completed. c. Behind-the-wheel instruction shall be limited to a maximum of 30 minutes per student per session and a maximum of 60 minutes in a single day. d. Two or more students shall be scheduled for all behind-the-wheel instruction to ensure that appropriate observation time is experienced. e. Routine maintenance of motor vehicles to maximize energy efficiency and safety shall be included in classroom instruction. f. Operation of motor vehicles to maximize energy efficiency and safety shall be included in classroom instruction. g. Each school district shall provide students who are absent from instruction an opportunity to make up a reasonable amount of time and coursework. h. When driving simulators are used for part of the behind-the-wheel driving experience, four hours of simulator experience shall be considered equal to one hour of behind-the-wheel driving in the car. However, in addition to simulator time, a minimum of three hours of on-street, behind-the-wheel driving must be completed. i. When driving ranges are used in driver education courses, two hours of range experience shall be considered equal to one hour of on-street, behind-the-wheel driving. However, in addition to range time, a minimum of three hours of on-street, behind-the-wheel driving must be completed. j. Motor vehicles which are designed primarily for carrying nine or fewer occupants, excluding motorcycles and mopeds, are the only motor vehicles approved for use in driver education courses, and each shall be equipped with a dual control. In addition, all driver education vehicles shall have an inside rearview mirror and an outside rearview mirror mounted on each side of the vehicle. k. The driver education teacheror instructor shall verify at the beginning of each course that each student possesses a valid instruction permit or driver’s license. Each student shall be responsible for possessing an instruction permit or driver’s license throughout all laboratory instruction and report any suspension, revocation or cancellation of the instruction permit or driver’s license to the driver education teacheror instructor prior to attending laboratory instruction. ITEM 5. Amend rule 761—634.6(321) as follows:761—634.6(321) TeacherInstructor qualifications, application and certification. 634.6(1) Behind-the-wheel instructor qualifications. To qualify to be a driver education teacher, the teacherprovide behind-the-wheel instruction, the person must: a. Hold a valid driver’s license that permits unaccompanied driving, other than a motorized bicycle license or a temporary restricted license. b. Have a clear driving record for the previous two years. A clear driving record means the individualperson has: a. (1) Not been identified as a candidate for driver’s license suspension under the habitual violator provisions of rule 761—615.13(321) or the serious violation provisions of rule 761—615.17(321). b. (2) No driver’s license suspensions, revocations, denials, cancellations, disqualifications or bars. c. (3) Not committed an offense that would result in driver’s license suspension, revocation, denial, cancellation, disqualification or bar. d. (4) No record of an accident for which the individual was convicted of a moving traffic violationa contributive motor vehicle accident that caused the death or serious injury of another person. (5) No record of two or more contributive motor vehicle accidents in a two-year period. c. Meet the requirements for either a licensed teacher in 282—subrule 13.28(4) or a certified behind-the-wheel instructor in this chapter. 634.6(2) Behind-the-wheel instructor’s certification requirements. Except as otherwise provided in this chapter, the following requirements shall apply to a behind-the-wheel instructor: a. An applicant for an initial behind-the-wheel instructor’s certification or a renewal shall apply to the department in a manner determined by the department. (1) If the application is for an initial behind-the-wheel instructor’s certification, instructor approval is valid for a calendar year or the remainder of a calendar year. The instructor approval expires on December 31 but remains valid for an additional 30 days after the expiration date. (2) If the application is to renew a behind-the-wheel instructor’s certification, a person shall do all of the following: 1. Apply to the department annually. Instructor approval is valid for a calendar year or the remainder of a calendar year. The instructor approval expires on December 31 but remains valid for an additional 30 days after the expiration date. An application for renewal of instructor approval shall be submitted within 60 days of the expiration date, unless otherwise approved by the department. 2. Provide behind-the-wheel instruction for a minimum of 12 clock hours during each calendar year. b. Beginning January 1, 2021, a person shall complete at least one state-sponsored or state-approved behind-the-wheel instructor refresher course biennially. The state-sponsored or state-approved course may include electronic completion or remote attendance options, as approved by the department. The department may develop a special course for licensed teachers or peace officers who qualify to provide behind-the-wheel instruction under subrule 634.6(3) or 634.6(5), which shall be reserved only for licensed teachers or peace officers who qualify as behind-the-wheel instructors. c. Upon certification, but prior to providing behind-the-wheel instruction, the person shall be: (1) Authorized by the Iowa board of educational examiners to provide behind-the-wheel driving instruction. (2) Employed by a public or licensed commercial or private provider of the approved driver education course. 634.6(3) Instructor’s certification for licensed teachers. A teacher licensed by the Iowa board of educational examiners as provided in 282—subrule 13.28(4) shall be included as an approved instructor on an annual driver education course approval as referenced in subrules 634.4(1) and 634.8(1), and except for the requirements in paragraphs 634.6(2)“a” and 634.6(2)“c,” a teacher shall meet the requirements in subrule 634.6(2) to be certified by the department to provide behind-the-wheel instruction. 634.6(4) Instructor application and certification for a teacher with an expired teacher’s license. A teacher who holds an expired initial, standard, exchange, or master educator license with an endorsement for driver education as provided in 282—subrule 13.28(4) shall meet the requirements in subrule 634.6(2) to be certified by the department to provide behind-the-wheel instruction. 634.6(5) Instructor application and certification for active peace officers and retired peace officers. a. A person who is an active peace officer or a retired peace officer as referenced in Iowa Code section 321.178 shall do all of the following to be certified by the department to provide behind-the-wheel instruction: (1) Be at least 25 years of age. (2) Submit Form 431233 certifying the person’s status as an active or retired peace officer. (3) Meet all other requirements of subrule 634.6(2), except peace officers or retired peace officers who otherwise qualify under this subrule are not required to meet the requirement of subparagraph 634.6(2)“c”(1). b. A retired peace officer is only required to submit Form 431233, required under paragraph 634.6(5)“a,” to the department once unless the form is invalid or not accepted by the department. 634.6(6) Instructor application and certification for persons other than licensed teachers, peace officers or retired peace officers. a. A person who is not licensed by the Iowa board of educational examiners to provide classroom driver education as provided in 282—subrule 13.28(4), who does not hold an expired teacher’s license as referenced in subrule 634.6(4), or who is not a peace officer or a retired peace officer as referenced in Iowa Code section 321.178, shall do all of the following to be certified by the department to provide behind-the-wheel instruction: (1) Be at least 25 years of age. (2) Meet the requirements in subrule 634.6(2), except that a person certified under this subrule shall complete the instructor refresher course referenced in paragraph 634.6(2)“b” annually until January 1, 2021, and thereafter shall complete the course biennially. (3) Have successfully completed the instructor preparation requirements of this subrule, as evidenced by written attestations on a form provided by the department from both the classroom instructor and behind-the-wheel observer. The person seeking a behind-the-wheel certification must apply to the department within 12 months of completion of the instructor preparation course. The department-approved instructor preparation course shall: 1. Consist of 24 clock hours of classroom instruction and 12 clock hours of observed behind-the-wheel instruction. 2. Include, at a minimum, classroom instruction on topics including the psychology of the young driver, behind-the-wheel teaching techniques, and driving route selection. Classroom instruction shall be delivered by staff from a driver education teacher preparation program that is approved by the Iowa board of educational examiners. The duration of a classroom instruction section shall not exceed four hours. Video-conferencing may be used for course delivery. 3. Include observation of behind-the-wheel instruction provided by a person licensed to teach driver education who is specially trained by a driver education teacher preparation program that is approved by the Iowa board of educational examiners and that is designed to observe, coach, and evaluate behind-the-wheel instructor candidates. The duration of a behind-the-wheel session shall not exceed four hours. A dual-controlled motor vehicle must be used. b. Reserved. 634.6(7) Behind-the-wheel certification—reissuance. a. A person whose behind-the-wheel certification has expired and is past the renewal period may be reissued a behind-the-wheel certification without having to retake the behind-the-wheel instructor preparation course only if the person meets all of the following criteria: (1) The person held a valid behind-the-wheel certification within the two years immediately preceding the application. (2) The person provided a minimum of 12 clock hours of behind-the-wheel instruction within the two years immediately preceding the application. (3) The person completed at least one state-sponsored or state-approved behind-the-wheel instructor refresher course within the two calendar years immediately preceding the application unless otherwise exempt under this chapter. (4) The person completed a minimum of 12 clock hours shadowing a teacher licensed by the Iowa board of educational examiners as provided in 282—subrule 13.28(4) through a department-approved driver education program within 90 days immediately preceding the application. b. Upon certification, but prior to providing behind-the-wheel instruction, the person shall do all of the following: (1) Be authorized by the Iowa board of educational examiners to provide behind-the-wheel driving instruction unless otherwise exempt under this chapter. (2) Be employed by a public or licensed commercial or private provider of the approved driver education course and work under the supervision of a person licensed by the Iowa board of educational examiners as provided in 282—subrule 13.28(4). ITEM 6. Amend rule 761—634.7(321) as follows:761—634.7(321) Behind-the-wheel instructor’s certificationInstructor disqualification, investigation and cancellation. The following applies to departmental certification of a person who is qualified to provide the street or highway driving component of an approved driver education course. 634.7(1) Qualifications. To qualify for the behind-the-wheel driving instructor certification, the applicant must: a. Be at least 25 years of age. b. Hold a valid driver’s license that permits unaccompanied driving, other than a motorized bicycle license or a temporary restricted license. c. Have a clear driving record for the previous two years. A clear driving record means the individual has: (1) Not been identified as a candidate for driver’s license suspension under the habitual violator provisions of rule 761—615.13(321) or the serious violation provisions of rule 761—615.17(321). (2) No driver’s license suspensions, revocations, denials, cancellations, disqualifications or bars. (3) Not committed an offense that would result in driver’s license suspension, revocation, denial, cancellation, disqualification or bar. (4) No record of an accident for which the individual was convicted of a moving traffic violation. d. Have successfully completed the instructor preparation requirements of this rule, as evidenced by written attestations on a form provided by the department from both the classroom instructor and behind-the-wheel observer. 634.(2) 634.7(1) Disqualifications. An individualA person shall be disqualified for theby the department from certification as a behind-the-wheel driving instructor certification for any of the following reasons:for which the executive director of the Iowa board of educational examiners would deny an application for licensure, certification or authorization as provided in rule 282—11.35(272). a. The individual has been convicted of child abuse or sexual abuse of a child. b. The individual has been convicted of a felony. c. The individual’s application is fraudulent. d. The individual’s teaching license or behind-the-wheel instructor’s certification from another state is suspended or revoked. 634.(3) 634.7(2) Investigation. The department may investigate an applicant for a behind-the-wheel instructor’s certificationor an instructor to determine if the applicantor instructor meets the requirements for certification. The investigation may include but is not limited to an inquiry into the applicant’sor instructor’s criminal history from the department of public safety. 634.7(4) Certification. a. To obtain a behind-the-wheel instructor’s certification, an individual meeting the qualifications shall apply to the department on a form provided by the department. The certification shall be issued for a calendar year or remainder of a calendar year. The certification expires on December 31 but remains valid for an additional 30 days after the expiration date. The certification shall be renewed within 30 days of the expiration date. b. To renew a behind-the-wheel instructor’s certification, a person meeting the qualifications must: (1) Provide behind-the-wheel instruction for a minimum of 12 clock hours during the previous calendar year. (2) Participate in at least one state-sponsored or state-approved behind-the-wheel instructor refresher course. 634.7(5) Instructor preparation requirements. The department shall develop the curriculum in consultation with the Iowa driver education teacher preparation programs approved by the board of educational examiners and in consultation with the American Driver and Traffic Safety Education Association. Instructor preparation shall meet the following requirements: a. Instructor preparation shall consist of 24 clock hours of classroom instruction and 12 clock hours of observed behind-the-wheel instruction. b. At a minimum, classroom instruction shall focus on topics such as the psychology of the young driver, behind-the-wheel teaching techniques, and route selection. Classroom instruction shall be delivered by staff from a driver education teacher preparation program approved by the board of educational examiners. The duration of a classroom session shall not exceed four hours. Video conferencing may be used for course delivery. c. Observation of behind-the-wheel instruction shall be provided by a person licensed to teach driver education who is specially trained by a driver education teacher preparation program approved by the board of educational examiners to observe, coach, and evaluate behind-the-wheel instructor candidates. The duration of a behind-the-wheel session shall not exceed four hours. A dual-control motor vehicle must be used. d. The individual seeking a behind-the-wheel certification must apply to the department within 12 months of the completion of the course. 634.(6) 634.7(3) Cancellation. The department shall cancel the behind-the-wheel instructor’s certification of an individual who no longer qualifies under paragraph 634.7(1)“c” or who no longer meets the qualifications for a behind-the-wheel instructor’s certificationthis chapter. 634.7(7) Approved driver education course. To provide the street or highway driving component of an approved driver education course, an individual holding a behind-the-wheel instructor’s certification must be employed by a public or licensed commercial or private provider of the approved driver education course and work under the supervision of a person licensed to teach driver education. ITEM 7. Amend rule 761—634.8(321) as follows:761—634.8(321) Private and commercial driver education schools. The department licenses private and commercial driver education schools as follows: 634.8(1) Instructor and courseCourse approval. Prior to licensingBefore becoming licensed, a driver education school, the department shall approve the school’s course, classroom instructors and laboratory instructorsmust receive course approval, which includes approval of all teachers and instructors listed on the application, from the department prior to the beginning of the first class that is offered and annually thereafter. Street or highway drivingBehind-the-wheel instruction must be provided by a person qualified as a classroom driver education instructor or a person certified by the department and authorized by the board of educational examinerswho meets the instructor requirements in rule 761—634.6(321). Written evidenceEvidence of thesethe approvals and certifications must be submitted to the department upon application for a license, upon renewal of a license, and upon reinstatement of a license following cancellation. 634.8(2) Application and fees. Application for license issuance or renewal shall be made to the department on forms providedin a manner determined by the department. The fee for a license or the renewal of a license is $25. The fee must be paid by cash, money order or check, unless the department approves payment of the fee by electronic means. A money order or check must be for the exact amount and should be made payable to the Treasurer, State of Iowa, or the Department of Transportation. 634.8(3) Issuance and renewal. A license to teach driver education shall be issued for a calendar year or remainder of a calendar year. The license expires on December 31 but remains valid for an additional 30 days after the expiration date. The license shall be renewedapplication for renewal shall be submitted to the department within 3060 days of the expiration date, unless otherwise approved by the department. 634.8(4) Cancellation. A license to teach driver education shall be canceled if the course, teacher, or instructor is no longer approved or the person providing only behind-the-wheel instruction for driver education is no longer certified by the department and authorized by theIowa board of educational examiners. ITEM 8. Amend rule 761—634.11(321) as follows:761—634.11(321) Driver education—teaching parent. As an alternative to a driver education course offered by a course provider approved under rule 761—634.4(321), a teaching parent may instruct a student in an approved course of driver education. 634.11(1) Definitions. As used in this rule: "Approved course" means a driver education curriculum approved by the department that meets the requirements of Iowa Code section 321.178A and is appropriate for teaching-parent-directed driver education and related street or highway drivingbehind-the-wheel instruction. "Clear driving record" means the individualperson currently and during the prior two-year period has not been identified as a candidate for suspension or revocation of a driver’s license under the habitual offender or habitual violator provisions of rule 761—615.9(321) or rule 761—615.13(321); is not subject to a driver’s license suspension, revocation, denial, cancellation, disqualification, or bar; and has no record of a conviction for a moving traffic violation determined to be the cause of a motor vehicle accident. "Course vendor" means a third-party vendor that makes available commercially an approved course. "Student" means a person between the ages of 14 and 21 years who is within the custody and control of the teaching parent and who holds a valid Iowa noncommercial instruction permit. "Teaching parent" means the same as defined in Iowa Code section 321.178A. 634.11(2) Application to serve as a teaching parent. a. A person who wishes to provide driver education as a teaching parent to a student shall submit an application on a form provided by the department to the office of driverand identification services at the address indicated on the formbureau. b. The department shall review the application and shall deny the application for any of the following reasons: (1) The person does not meet the qualifications to serve as a teaching parent set forth in Iowa Code section 321.178A. (2) The person does not have a clear driving record. (3) The application does not properly identify a student eligible to be instructed in driver education by the person. (4) The department has determined the application should be rejected for any reason listed in Iowa Code section 321.13. c. If the application is denied, the department shall issue a letter of denial to the person explaining the reason or reasons for the denial. d. If the application is approved, the department shall issue a letter of approval to the person to serve as a teaching parent for the student identified in the application. 634.11(3) Instruction by a teaching parent. a. A person approved to serve as a teaching parent shall instruct the student using an approved course. b. The teaching parent shall select the course to be used from the list of approved courses posted on the department’s Internet sitewebsite and shall purchase the course directly from the applicable course vendor. c. No person shall provide driver education as a teaching parent untilunless approved by the department, and the department shall not recognize driver education that was: (1) Provided by a person before the person’s approval as a teaching parent. (2) (1) Provided by a person who has not beenis not approved as a teaching parent. (3) (2) Provided to a person who is not a student as defined in subrule 634.11(1). (4) (3) Offered under a course other than an approved course. 634.11(4) Course completion—certificate of completion. a. Upon the student’s completion of an approved course, the teaching parent shall apply for a certificate of completion on behalf of the student. The teaching parent shall provide evidence showing the student’s completion of an approved course and substantial compliance with the requirements of Iowa Code section 321.178A, by affidavit signed by the teaching parent on a form provided by the department. The teaching parent shall include with the application all documentation, statements, certifications, and logs required by Iowa Code section 321.178A. The application and all required documentation, statements, certifications, and logs shall be submitted to the office of driverand identification services at the address indicated on the formbureau. b. The department shall review the application and evidence submitted and shall deny certification of completion if: (1) The course was not conducted by a person approved by the department to serve as a teaching parent for the student for whom certification is sought. (2) The application does not properly identify a student eligible to be instructed in driver education by the teaching parent. (3) The application and evidence do not demonstrate the student’s successful completion of an approved course. (4) The application and evidence do not include all documentation, statements, certifications, and logs required by Iowa Code section 321.178A in adequate and proper form and content. (5) The department has determined that the application should be rejected for any reason listed in Iowa Code section 321.13. c. If the application is denied, the department shall issue a letter of denial to the teaching parent explaining the reason or reasons for the denial. d. If the application is approved, the department shall issue a certificate of completion to the student identified in the application. A certification of completion issued by the department under this subrule shall constitute proof of successful completion of an Iowa-approved course in driver education but shall not be grounds for waiver of a driving test under 761—subrule 604.31(2). 634.11(5) Course approval. a. A vendor that wishes to offer a driver education curriculum as an approved course in Iowa shall submit an application on a form provided by the department to the office of driverand identification services at the address indicated on the formbureau, along with a copy of all proposed curriculum materials. A vendor that wishes to offer an electronic curriculum may provide a uniform resource locator (URL) for the proposed electronic materials but must also provide physical copies of the proposed materials. b. To be designated as an approved course, the curriculum submitted must, at a minimum, meet the requirements of Iowa Code section 321.178A, be appropriate for teaching-parent-directed driver education and related street or highway instruction, and meet or exceed the required content set forth in the Appendix to this rule. c. The department shall review the application and proposed curriculum and shall issue a letter of denial to the course vendor explaining the reason or reasons for denial if the proposed curriculum does not meet the requirements for an approved course. d. If the proposed curriculum is approved, the department shall issue a certificate of approval to the vendor designating the curriculum as an approved course and shall list the approved course on the department’s Internet sitewebsite. Course approval will be issued for one calendar year or for the remainder of a calendar year. The approval expires on December 31 and must be renewed annually by the submission of an application on a form provided by the department and all required materials as set forth in this subrule at least 60 days prior to the expiration date, unless otherwise approved by the department. Notwithstanding this paragraph, a course approval issued before December 31, 2014, shall not expire until December 31, 2015. [Filed 1/16/20, effective 3/18/20][Published 2/12/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/12/20.