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House File 2627 - ReprintedA Bill ForAn Act 1relating to governmental and regulatory matters
2including the granting and renewal of licenses,
3certificates, and registrations, and including effective
4date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PROFESSIONAL LICENSING
3 Section 1. Section 103.6, subsection 1, paragraph e, Code
42020, is amended by striking the paragraph.
5 Sec. 2. Section 103.9, subsection 3, Code 2020, is amended
6by striking the subsection.
7 Sec. 3. Section 103.10, subsection 6, Code 2020, is amended
8by striking the subsection.
9 Sec. 4. Section 103.12, subsection 6, Code 2020, is amended
10by striking the subsection.
11 Sec. 5. Section 103.12A, subsection 4, Code 2020, is amended
12by striking the subsection.
13 Sec. 6. Section 103.13, subsection 4, Code 2020, is amended
14by striking the subsection.
15 Sec. 7. Section 103.15, subsection 7, Code 2020, is amended
16by striking the subsection.
17 Sec. 8. Section 105.10, subsection 5, Code 2020, is amended
18by striking the subsection.
19 Sec. 9. Section 105.22, subsection 4, Code 2020, is amended
20by striking the subsection.
21 Sec. 10. Section 135.105A, subsection 5, Code 2020, is
22amended to read as follows:
235. The department shall adopt rules regarding minimum
24requirements for lead inspector, lead abater, and lead-safe
25renovator training programs, certification, work practice
26standards, and suspension and revocation requirements, and
27shall implement the training and certification programs. Rules
28adopted pursuant to this subsection shall comply with chapter
29272C. The department shall seek federal funding and shall
30establish fees in amounts sufficient to defray the cost of the
31programs. The fees shall be used for any of the department’s
32duties under this subchapter, including but not limited
33to the costs of full-time equivalent positions for program
34services and investigations. Fees received shall be considered
35repayment receipts as defined in section 8.2.
-1-1 Sec. 11. Section 147.3, Code 2020, is amended to read as
2follows:
3147.3 Qualifications.
4An applicant for a license to practice a profession under
5this subtitle is not ineligible because of age, citizenship,
6sex, race, religion, marital status, or national origin,
7although the application form may require citizenship
8information. A board may consider the past criminal record of
9an applicant only if the conviction relates to the practice of
10the profession for which the applicant requests to be licensed.
11 Sec. 12. Section 147.55, subsection 5, Code 2020, is amended
12by striking the subsection.
13 Sec. 13. Section 147A.7, subsection 1, paragraph j, Code
142020, is amended by striking the paragraph.
15 Sec. 14. Section 148.6, subsection 2, paragraph b, Code
162020, is amended by striking the paragraph.
17 Sec. 15. Section 148H.7, subsection 1, paragraph a, Code
182020, is amended by striking the paragraph.
19 Sec. 16. Section 151.9, subsection 5, Code 2020, is amended
20by striking the subsection.
21 Sec. 17. Section 152.10, subsection 2, paragraph c, Code
222020, is amended by striking the paragraph.
23 Sec. 18. Section 153.34, subsection 9, Code 2020, is amended
24by striking the subsection.
25 Sec. 19. Section 154A.24, subsection 1, Code 2020, is
26amended by striking the subsection.
27 Sec. 20. Section 156.9, subsection 2, paragraph e, Code
282020, is amended by striking the paragraph.
29 Sec. 21. Section 272.1, Code 2020, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 5A. “Offense directly relates” refers to
32either of the following:
33a. The actions taken in furtherance of an offense are
34actions customarily performed within the scope of practice of
35a licensed profession.
-2- 1b. The circumstances under which an offense was committed
2are circumstances customary to a licensed profession.
3 Sec. 22. Section 272.2, subsection 14, paragraph a, Code
42020, is amended to read as follows:
5a. The board may deny a license to or revoke the license
6of a person upon the board’s finding by a preponderance of
7evidence that either the person has been convicted of a crime
8 an offense and the offense directly relates to the duties and
9responsibilities of the profession or that there has been
10a founded report of child abuse against the person. Rules
11adopted in accordance with this paragraph shall provide that
12in determining whether a person should be denied a license or
13that a practitioner’s license should be revoked, the board
14shall consider the nature and seriousness of the founded abuse
15or crime in relation to the position sought, the time elapsed
16since the crime was committed, the degree of rehabilitation
17which has taken place since the incidence of founded abuse or
18the commission of the crime, the likelihood that the person
19will commit the same abuse or crime again, and the number of
20founded abuses committed by or criminal convictions of the
21person involved.
22 Sec. 23. Section 272C.1, Code 2020, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 7A. “Offense directly relates” refers to
25either of the following:
26a. The actions taken in furtherance of an offense are
27actions customarily performed within the scope of practice of
28a licensed profession.
29b. The circumstances under which an offense was committed
30are circumstances customary to a licensed profession.
31 Sec. 24. Section 272C.4, subsection 13, Code 2020, is
32amended by striking the subsection.
33 Sec. 25. Section 272C.10, subsection 5, Code 2020, is
34amended by striking the subsection and inserting in lieu
35thereof the following:
-3- 15. Conviction of a felony offense, if the offense directly
2relates to the profession or occupation of the licensee, in the
3courts of this state or another state, territory, or country.
4Conviction as used in this subsection includes a conviction of
5an offense which if committed in this state would be a felony
6without regard to its designation elsewhere, and includes a
7finding or verdict of guilt made or returned in a criminal
8proceeding even if the adjudication of guilt is withheld or not
9entered. A certified copy of the final order or judgment of
10conviction or plea of guilty in this state or in another state
11constitutes conclusive evidence of the conviction.
12 Sec. 26. NEW SECTION. 272C.12 Licensure of persons licensed
13in other jurisdictions.
141. Notwithstanding any other provision of law, an
15occupational or professional license, certificate, or
16registration, including a license, certificate, or registration
17issued by the board of educational examiners, shall be issued
18without an examination to a person who establishes residency
19in this state or to a person who is married to an active duty
20member of the military forces of the United States and who is
21accompanying the member on an official permanent change of
22station to a military installation located in this state if all
23of the following conditions are met:
24a. The person is currently licensed, certified, or
25registered by at least one other issuing jurisdiction in the
26occupation or profession applied for with a substantially
27similar scope of practice and the license, certificate, or
28registration is in good standing in all issuing jurisdictions
29in which the person holds a license, certificate, or
30registration.
31b. The person has been licensed, certified, or registered by
32another issuing jurisdiction for at least one year.
33c. When the person was licensed by the issuing jurisdiction,
34the issuing jurisdiction imposed minimum educational
35requirements and, if applicable, work experience and clinical
-4-1supervision requirements, and the issuing jurisdiction verifies
2that the person met those requirements in order to be licensed
3in that issuing jurisdiction.
4d. The person previously passed an examination required by
5the other issuing jurisdiction for licensure, certification,
6or registration, if applicable.
7e. The person has not had a license, certificate, or
8registration revoked and has not voluntarily surrendered a
9license, certificate, or registration in any other issuing
10jurisdiction or country while under investigation for
11unprofessional conduct.
12f. The person has not had discipline imposed by any other
13regulating entity in this state or another issuing jurisdiction
14or country. If another jurisdiction has taken disciplinary
15action against the person, the appropriate licensing board
16shall determine if the cause for the action was corrected and
17the matter resolved. If the licensing board determines that
18the matter has not been resolved by the jurisdiction imposing
19discipline, the licensing board shall not issue or deny a
20license, certificate, or registration to the person until the
21matter is resolved.
22g. The person does not have a complaint, allegation, or
23investigation pending before any regulating entity in another
24issuing jurisdiction or country that relates to unprofessional
25conduct. If the person has any complaints, allegations, or
26investigations pending, the appropriate licensing board shall
27not issue or deny a license, certificate, or registration to
28the person until the complaint, allegation, or investigation
29is resolved.
30h. The person pays all applicable fees.
31i. The person does not have a criminal history that would
32prevent the person from holding the license, certificate, or
33registration applied for in this state.
342. A person licensed pursuant to this section is subject to
35the laws regulating the person’s practice in this state and is
-5-1subject to the jurisdiction of the appropriate licensing board.
23. This section does not apply to any of the following:
3a. The ability of a licensing board, agency, or department
4to require the submission of fingerprints or completion of a
5criminal history check.
6b. Criteria for a license, certificate, or registration that
7is established by an interstate compact.
8c. The ability of a licensing board, agency, or department
9to require a person to take and pass an examination specific to
10the laws of this state prior to issuing a license. A licensing
11board, agency, or department that requires an applicant to take
12and pass an examination specific to the laws of this state
13shall issue an applicant a temporary license that is valid
14for a period of three months and may be renewed once for an
15additional period of three months.
16d. A license issued by the department of transportation.
17e. A person who is licensed by another issuing jurisdiction
18and is granted a privilege to practice in this state by another
19provision of law without receiving a license in this state.
20f. A person applying for a license through a national
21licensing organization.
224. A license, certificate, or registration issued
23pursuant to this section does not grant the person receiving
24the license, certificate, or registration eligibility to
25practice pursuant to an interstate compact. A licensing
26board shall determine eligibility for a person to hold a
27license, certificate, or registration pursuant to this section
28regardless of the person’s eligibility to practice pursuant to
29an interstate compact.
305. For the purposes of this section, “issuing jurisdiction”
31means the duly constituted authority in another state that has
32issued a professional license, certificate, or registration to
33a person.
34 Sec. 27. NEW SECTION. 272C.13 Educational requirements —
35work experience.
-6- 11. Except as provided in subsection 2, a person applying
2for a professional or occupational license, certificate,
3or registration in this state who relocates to this state
4from another state that did not require a professional or
5occupational license, certificate, or registration to practice
6the person’s profession or occupation may be considered to have
7met any education, training, or work experience requirements
8imposed by a licensing board in this state if the person
9has three or more years of related work experience with a
10substantially similar scope of practice within the four years
11preceding the date of application as determined by the board.
122. This section does not apply to a license, certificate,
13or registration issued by the board of medicine, the board of
14nursing, the dental board, the board of pharmacy, or the board
15of educational examiners.
163. If this Code or administrative rules require
17a person applying for a professional or occupational
18license, certificate, or registration in this state to
19pass an examination to obtain the license, certificate, or
20registration, a person applying for licensure, certification,
21or registration under this section shall be required to pass
22the same examination.
23 Sec. 28. NEW SECTION. 272C.14 Waiver of fees.
24A licensing board, agency, or department shall waive any
25fee charged to an applicant for a license if the applicant’s
26household income does not exceed two hundred percent of the
27federal poverty income guidelines and the applicant is applying
28for the license for the first time in this state.
29 Sec. 29. NEW SECTION. 272C.15 Disqualifications for
30criminal convictions limited.
311. Notwithstanding any other provision of law to the
32contrary, except for chapter 272, a person’s conviction of a
33crime may be grounds for the denial, revocation, or suspension
34of a license only if an unreasonable risk to public safety
35exists because the offense directly relates to the duties
-7-1and responsibilities of the profession and the appropriate
2licensing board, agency, or department does not grant an
3exception pursuant to subsection 4.
42. A licensing board, agency, or department that may deny a
5license on the basis of an applicant’s conviction record shall
6provide a list of the specific convictions that may disqualify
7an applicant from receiving a license. Any such offense
8shall be an offense that directly relates to the duties and
9responsibilities of the profession.
103. A licensing board, agency, or department shall not deny
11an application for a license on the basis of an arrest that
12was not followed by a conviction or based on a finding that an
13applicant lacks good character, suffers from moral turpitude,
14or on other similar basis.
154. A licensing board, agency, or department shall grant
16an exception to an applicant who would otherwise be denied a
17license due to a criminal conviction if the following factors
18establish by clear and convincing evidence that the applicant
19is rehabilitated and an appropriate candidate for licensure:
20a. The nature and seriousness of the crime for which the
21applicant was convicted.
22b. The amount of time that has passed since the commission
23of the crime. There is a rebuttable presumption that an
24applicant is rehabilitated and an appropriate candidate
25for licensure five years after the date of the applicant’s
26release from incarceration, provided that the applicant was
27not convicted of sexual abuse in violation of section 709.4,
28a sexually violent offense as defined in section 229A.2,
29dependent adult abuse in violation of section 235B.20, a
30forcible felony as defined in section 702.11, or domestic abuse
31assault in violation of section 708.2A, and the applicant
32has not been convicted of another crime after release from
33incarceration.
34c. The circumstances relative to the offense, including any
35aggravating and mitigating circumstances or social conditions
-8-1surrounding the commission of the offense.
2d. The age of the applicant at the time the offense was
3committed.
4e. Any treatment undertaken by the applicant.
5f. Whether a certification of employability has been issued
6to the applicant pursuant to section 906.19.
7g. Any letters of reference submitted on behalf of the
8applicant.
9h. All other relevant evidence of rehabilitation and present
10fitness of the applicant.
115. An applicant may petition the relevant licensing board,
12agency, or department, in a form prescribed by the board,
13agency, or department, for a determination as to whether the
14applicant’s criminal record will prevent the applicant from
15receiving a license. The board, agency, or department shall
16issue such a determination at the next regularly scheduled
17meeting of the board, agency, or department or within thirty
18days of receiving the petition, whichever is later. The
19board, agency, or department shall hold a closed session
20while determining whether an applicant’s criminal record will
21prevent the applicant from receiving a license and while
22determining whether to deny an applicant’s application on
23the basis of an applicant’s criminal conviction. A board,
24agency, or department may charge a fee to recoup the costs of
25such a determination, provided that such fee shall not exceed
26twenty-five dollars.
276. a. A licensing board, agency, or department that
28denies an applicant a license solely or partly because of
29the applicant’s prior conviction of a crime shall notify the
30applicant in writing of all of the following:
31(1) The grounds for the denial or disqualification.
32(2) That the applicant has the right to a hearing to
33challenge the licensing authority’s decision.
34(3) The earliest date the applicant may submit a new
35application.
-9- 1(4) That evidence of rehabilitation of the applicant may be
2considered upon reapplication.
3b. A determination by a licensing board, agency, or
4department that an applicant’s criminal conviction is
5specifically listed as a disqualifying conviction and the
6offense directly relates to the duties and responsibilities
7of the applicant’s profession must be documented in written
8findings for each factor specified in subsection 4 sufficient
9for a review by a court.
10c. In any administrative or civil hearing authorized by
11this section or chapter 17A, a licensing board, agency, or
12department shall carry the burden of proof on the question of
13whether the applicant’s criminal offense directly relates to
14the duties and responsibilities of the profession for which the
15license is sought.
167. A board, agency, or department may require an applicant
17with a criminal record to submit the applicant’s complete
18criminal record detailing an applicant’s offenses with an
19application. A board, agency, or department may also require
20an applicant with a criminal record to submit a personal
21statement regarding whether each offense directly relates to
22the duties and performance of the applicant’s occupation. For
23the purposes of this subsection, “complete criminal record”
24includes the complaint and judgment of conviction for each
25offense of which the applicant has been convicted.
26 Sec. 30. RULEMAKING PROCEDURES AND APPLICABILITY.
271. The boards designated in section 147.13 other than the
28board of medicine, the board of nursing, the dental board, and
29the board of pharmacy, when carrying out rulemaking pursuant
30to chapter 17A to implement the provisions of this division
31of this Act, shall each adopt the same rules, which shall be
32applicable to all such boards. The bureau of professional
33licensure of the department of public health shall assist the
34boards in carrying out such rulemaking.
352. The accountancy examining board, the architectural
-10-1examining board, the engineering and land surveying examining
2board, the interior design examining board, the landscape
3architectural examining board, and the real estate commission,
4when carrying out rulemaking pursuant to chapter 17A to
5implement the provisions of this Act, shall each adopt the same
6rules, which shall be applicable to all such boards and the
7real estate commission. The professional licensing bureau of
8the department of commerce shall assist the boards and the real
9estate commission in carrying out such rulemaking.
103. This section shall not apply to any rulemaking pursuant
11to chapter 17A by a board or commission to implement the
12provisions of this Act that the board or commission determines
13is necessary to address circumstances or legal requirements
14uniquely applicable to the board or commission.
15 Sec. 31. EFFECTIVE DATE. This division of this Act takes
16effect January 1, 2021.
17DIVISION II
18MISCELLANEOUS CHANGES
19 Sec. 32. Section 22.2, Code 2020, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 2A. If feasible, the custodian of a public
22record may provide for the electronic examination and copying
23of a public record in lieu of requiring in-person examination
24and copying of a public record. This subsection does not apply
25to searches of all indexes, general and specific, of public
26records relating to documents, instruments, and muniments of
27title, for the purpose of performing title searches, real
28property searches, or creating real property abstracts.
29 Sec. 33. Section 22.4, Code 2020, is amended to read as
30follows:
3122.4 Hours when available Public records requests.
32The rights of persons under this chapter may be exercised
33under any of the following circumstances:
341. In person,at any time during the customary office hours
35of the lawful custodian of the records. However, if the lawful
-11-1custodian does not have customary office hours of at least
2thirty hours per week, such right may be exercised at any time
3from 9:00 a.m.to noon and from 1:00 p.m.to 4:00 p.m. Monday
4through Friday, excluding legal holidays, unless the person
5exercising such right and the lawful custodian agree on a
6different time.
72. In writing, by telephone, or by electronic means. The
8lawful custodian of the records shall post information for
9making such requests in a manner reasonably calculated to
10apprise the public of that information.
11 Sec. 34. Section 80A.1, subsection 12, Code 2020, is amended
12to read as follows:
1312. “Private security business” means a business of
14furnishing, for hire or reward, guards, watch personnel,
15armored car personnel, patrol personnel, or other persons to
16protect persons or property, to prevent the unlawful taking of
17goods and merchandise, or to prevent the misappropriation or
18concealment of goods, merchandise, money, securities, or other
19valuable documents or papers, and includes an individual who
20for hire patrols, watches, or guards a residential, industrial,
21or business property or district. “Private security business”
22 does not include a business for debt collection as defined in
23section 537.7102.
24 Sec. 35. Section 89A.3, subsection 2, paragraph i, Code
252020, is amended to read as follows:
26i. The amount of fees charged and collected for inspection,
27permits, and commissions. Fees shall be set at an amount
28sufficient to cover costs as determined from consideration
29of the reasonable time required to conduct an inspection,
30reasonable hourly wages paid to inspectors, and reasonable
31transportation and similar expenses. The safety board shall
32also be authorized to consider setting reduced fees for
33nonprofit associations and nonprofit corporations, as described
34in chapters 501B and 504.
35 Sec. 36. Section 125.38, subsection 1, Code 2020, is amended
-12-1to read as follows:
21. Subject to reasonable rules regarding hours of
3visitation which the department may adopt, a patient in
4a facility shall be granted an opportunity for adequate
5consultation with counsel, and for continuing contact with
6family and friends consistent with an effective treatment
7program, provided that such consultation and contact may be
8provided telephonically or electronically.
9 Sec. 37. Section 135B.5, subsection 1, Code 2020, is amended
10to read as follows:
111. Upon receipt of an application for license and the
12license fee, the department shall issue a license if the
13applicant and hospital facilities comply with this chapter,
14chapter 135, and the rules of the department. Each licensee
15shall receive annual reapproval upon payment of five hundred
16dollars and upon filing of an application form which is
17available from the department. The annual licensure fee shall
18be dedicated to support and provide educational programs on
19regulatory issues for hospitals licensed under this chapter in
20consultation with the hospital licensing board. Licenses shall
21be either general or restricted in form. Each license shall be
22issued only for the premises and persons or governmental units
23named in the application and is not transferable or assignable
24except with the written approval of the department. Licenses
25shall be posted in a conspicuous place on the licensed premises
26as prescribed by rule of the department.
27 Sec. 38. Section 135B.7, subsection 1, paragraph a, Code
282020, is amended to read as follows:
29a. The department, with the advice and approval of the
30hospital licensing board and approval of the state board of
31health, shall adopt rules setting out the standards for the
32different types of hospitals to be licensed under this chapter.
33The department shall enforce the rules.
34 Sec. 39. Section 272.2, subsection 1, paragraph a, Code
352020, is amended to read as follows:
-13- 1a. License practitioners, which includes the authority to
2establish criteria for the licenses; establish issuance and
3renewal requirements, provided that a continuing education
4requirement may be completed by electronic means; create
5application and renewal forms; create licenses that authorize
6different instructional functions or specialties; develop a
7code of professional rights and responsibilities, practices,
8and ethics, which shall, among other things, address the
9failure of a practitioner to fulfill contractual obligations
10under section 279.13; and develop any other classifications,
11distinctions, and procedures which may be necessary to exercise
12licensing duties. In addressing the failure of a practitioner
13to fulfill contractual obligations, the board shall consider
14factors beyond the practitioner’s control.
15 Sec. 40. Section 483A.24, subsection 3, paragraph a, Code
162020, is amended to read as follows:
17a. Fifty of the nonresident deer hunting licenses shall
18be allocated as requested by a majority of a committee
19consisting of the majority leader of the senate, speaker of
20the house of representatives, and director of the economic
21development authority, or their designees determined by the
22department. The licenses provided pursuant to this subsection
23shall be in addition to the number of nonresident licenses
24authorized pursuant to section 483A.8. The purpose of the
25special nonresident licenses is to allow state officials and
26local development groups to promote the state and its natural
27resources to nonresident guests and dignitaries. Photographs,
28videotapes, or any other form of media resulting from the
29hunting visitation shall not be used for political campaign
30purposes. The nonresident licenses shall be issued without
31application upon purchase of a nonresident annual hunting
32license that includes the wildlife habitat fee and the purchase
33of a nonresident deer hunting license. The licenses are valid
34in all zones open to deer hunting. The hunter education
35certificate requirement pursuant to section 483A.27 is waived
-14-1for a nonresident issued a license pursuant to this subsection.
2 Sec. 41. Section 483A.24, subsection 4, paragraph a, Code
32020, is amended to read as follows:
4a. Fifty of the nonresident wild turkey hunting licenses
5shall be allocated as requested by a majority of a committee
6consisting of the majority leader of the senate, speaker of
7the house of representatives, and director of the economic
8development authority, or their designees determined by the
9department. The licenses provided pursuant to this subsection
10shall be in addition to the number of nonresident licenses
11authorized pursuant to section 483A.7. The purpose of the
12special nonresident licenses is to allow state officials and
13local development groups to promote the state and its natural
14resources to nonresident guests and dignitaries. Photographs,
15videotapes, or any other form of media resulting from the
16hunting visitation shall not be used for political campaign
17purposes. The nonresident licenses shall be issued without
18application upon purchase of a nonresident annual hunting
19license that includes the wildlife habitat fee and the purchase
20of a nonresident wild turkey hunting license. The licenses are
21valid in all zones open to wild turkey hunting. The hunter
22education certificate requirement pursuant to section 483A.27
23is waived for a nonresident issued a license pursuant to this
24subsection.
25 Sec. 42. Section 543D.9, Code 2020, is amended to read as
26follows:
27543D.9 Education and experience requirement.
28The board shall determine what real estate appraisal or
29real estate appraisal review experience and what education
30shall be required to provide appropriate assurance that
31an applicant for certification is competent to perform the
32certified appraisal work which is within the scope of practice
33defined by the board. All experience required for initial
34certification shall be performed as a registered associate
35real estate appraiser acting under the direct supervision of
-15-1a certified real estate appraiser who meets the supervisory
2requirements established by applicable federal authorities or
3federal law, rule, or policy in effect at the time the hours
4of experience are claimed, except as the board may provide by
5rule. Subject to requirements or limitations established by
6applicable federal authorities or federal law, rule, or policy,
7hours qualifying for experience in a bordering state will
8be considered qualifying hours for experience in this state
9without requiring a waiver or authorization from the board in
10accordance with rules and standards adopted by the board, as
11long as a majority of qualifying hours are completed in this
12state. Qualifying hours completed in a bordering state shall
13be under the direct supervision of a certified real estate
14appraiser with active certification in that bordering state.
15 The board shall prescribe a required minimum number of tested
16hours of education relating to the provisions of this chapter,
17the uniform appraisal standards, and other rules issued in
18accordance with this chapter.
19 Sec. 43. Section 544A.8, Code 2020, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 5. A person applying to the board for
22licensure who has passed a module of the architect registration
23examination but failed to pass the exam shall not be required
24to retake the module that the applicant previously passed in
25subsequent examinations.
26 Sec. 44. REPEAL. Chapter 9D, Code 2020, is repealed.
27 Sec. 45. REPEAL. Sections 135B.10 and 135B.11, Code 2020,
28are repealed.
29 Sec. 46. 2018 Iowa Acts, chapter 1142, section 8, as amended
30by 2019 Iowa Acts, chapter 85, section 118, is amended to read
31as follows:
32SEC. 8. FUTURE REPEAL. Section 155A.44, Code 2018, is
33repealed effective July 1, 2020 2021.
34 Sec. 47. CONTINUING EDUCATION REQUIREMENTS. The boards
35designated in section 147.13 shall require licensees required
-16-1to complete continuing education credits prior to the renewal
2of a license set to expire in 2020 to complete such continuing
3education credits by June 30, 2021. A license set to expire in
42020 shall not expire until June 30, 2021.
5 Sec. 48. CONTINUING EDUCATION — ELECTRONIC MEANS. For the
6period beginning on the effective date of this division of this
7Act through June 30, 2021, notwithstanding any provision of law
8to the contrary, each licensing board, as defined in section
9272C.1, shall allow licensees to satisfy continuing education
10requirements by electronic means.
11 Sec. 49. SCHOOL PHYSICALS — TEMPORARY PROVISIONS. For
12the period beginning on the effective date of this division of
13this Act through December 31, 2020, a student participating
14in interscholastic athletics who presents to the student’s
15superintendent a certificate signed on or after July 1, 2019,
16by a licensed physician or surgeon, osteopathic physician
17or surgeon, chiropractor, physician assistant, or advanced
18registered nurse practitioner, to the effect that the
19student has been examined and may safely engage in athletic
20competition, shall be deemed to have complied with the
21regulatory provisions of 281 IAC 36.14(1).
22 Sec. 50. SHAREHOLDER MEETINGS — TEMPORARY PROVISIONS. For
23the period beginning on the effective date of this division
24of this Act through December 31, 2020, notwithstanding the
25provisions of chapters 490, 491, 499, and 501A requiring an
26in-person meeting of shareholders, policyholders, or members,
27an in-person meeting of shareholders, policyholders, or members
28shall not be required if the meeting is held by means of remote
29communication and provides shareholders, policyholders, or
30members a reasonable opportunity to participate in the meeting
31and to vote on matters submitted for action at such meeting,
32including an opportunity to communicate and to read or hear the
33proceedings of the meeting, substantially concurrent with the
34occurrence of such meeting.
35 Sec. 51. EFFECTIVE DATE. This division of this Act, being
-17-1deemed of immediate importance, takes effect upon enactment.
ss/rh/md
2including the granting and renewal of licenses,
3certificates, and registrations, and including effective
4date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PROFESSIONAL LICENSING
3 Section 1. Section 103.6, subsection 1, paragraph e, Code
42020, is amended by striking the paragraph.
5 Sec. 2. Section 103.9, subsection 3, Code 2020, is amended
6by striking the subsection.
7 Sec. 3. Section 103.10, subsection 6, Code 2020, is amended
8by striking the subsection.
9 Sec. 4. Section 103.12, subsection 6, Code 2020, is amended
10by striking the subsection.
11 Sec. 5. Section 103.12A, subsection 4, Code 2020, is amended
12by striking the subsection.
13 Sec. 6. Section 103.13, subsection 4, Code 2020, is amended
14by striking the subsection.
15 Sec. 7. Section 103.15, subsection 7, Code 2020, is amended
16by striking the subsection.
17 Sec. 8. Section 105.10, subsection 5, Code 2020, is amended
18by striking the subsection.
19 Sec. 9. Section 105.22, subsection 4, Code 2020, is amended
20by striking the subsection.
21 Sec. 10. Section 135.105A, subsection 5, Code 2020, is
22amended to read as follows:
235. The department shall adopt rules regarding minimum
24requirements for lead inspector, lead abater, and lead-safe
25renovator training programs, certification, work practice
26standards, and suspension and revocation requirements, and
27shall implement the training and certification programs. Rules
28adopted pursuant to this subsection shall comply with chapter
29272C. The department shall seek federal funding and shall
30establish fees in amounts sufficient to defray the cost of the
31programs. The fees shall be used for any of the department’s
32duties under this subchapter, including but not limited
33to the costs of full-time equivalent positions for program
34services and investigations. Fees received shall be considered
35repayment receipts as defined in section 8.2.
-1-1 Sec. 11. Section 147.3, Code 2020, is amended to read as
2follows:
3147.3 Qualifications.
4An applicant for a license to practice a profession under
5this subtitle is not ineligible because of age, citizenship,
6sex, race, religion, marital status, or national origin,
7although the application form may require citizenship
8information. A board may consider the past criminal record of
9an applicant only if the conviction relates to the practice of
10the profession for which the applicant requests to be licensed.
11 Sec. 12. Section 147.55, subsection 5, Code 2020, is amended
12by striking the subsection.
13 Sec. 13. Section 147A.7, subsection 1, paragraph j, Code
142020, is amended by striking the paragraph.
15 Sec. 14. Section 148.6, subsection 2, paragraph b, Code
162020, is amended by striking the paragraph.
17 Sec. 15. Section 148H.7, subsection 1, paragraph a, Code
182020, is amended by striking the paragraph.
19 Sec. 16. Section 151.9, subsection 5, Code 2020, is amended
20by striking the subsection.
21 Sec. 17. Section 152.10, subsection 2, paragraph c, Code
222020, is amended by striking the paragraph.
23 Sec. 18. Section 153.34, subsection 9, Code 2020, is amended
24by striking the subsection.
25 Sec. 19. Section 154A.24, subsection 1, Code 2020, is
26amended by striking the subsection.
27 Sec. 20. Section 156.9, subsection 2, paragraph e, Code
282020, is amended by striking the paragraph.
29 Sec. 21. Section 272.1, Code 2020, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 5A. “Offense directly relates” refers to
32either of the following:
33a. The actions taken in furtherance of an offense are
34actions customarily performed within the scope of practice of
35a licensed profession.
-2- 1b. The circumstances under which an offense was committed
2are circumstances customary to a licensed profession.
3 Sec. 22. Section 272.2, subsection 14, paragraph a, Code
42020, is amended to read as follows:
5a. The board may deny a license to or revoke the license
6of a person upon the board’s finding by a preponderance of
7evidence that either the person has been convicted of a crime
8 an offense and the offense directly relates to the duties and
9responsibilities of the profession or that there has been
10a founded report of child abuse against the person. Rules
11adopted in accordance with this paragraph shall provide that
12in determining whether a person should be denied a license or
13that a practitioner’s license should be revoked, the board
14shall consider the nature and seriousness of the founded abuse
15or crime in relation to the position sought, the time elapsed
16since the crime was committed, the degree of rehabilitation
17which has taken place since the incidence of founded abuse or
18the commission of the crime, the likelihood that the person
19will commit the same abuse or crime again, and the number of
20founded abuses committed by or criminal convictions of the
21person involved.
22 Sec. 23. Section 272C.1, Code 2020, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 7A. “Offense directly relates” refers to
25either of the following:
26a. The actions taken in furtherance of an offense are
27actions customarily performed within the scope of practice of
28a licensed profession.
29b. The circumstances under which an offense was committed
30are circumstances customary to a licensed profession.
31 Sec. 24. Section 272C.4, subsection 13, Code 2020, is
32amended by striking the subsection.
33 Sec. 25. Section 272C.10, subsection 5, Code 2020, is
34amended by striking the subsection and inserting in lieu
35thereof the following:
-3- 15. Conviction of a felony offense, if the offense directly
2relates to the profession or occupation of the licensee, in the
3courts of this state or another state, territory, or country.
4Conviction as used in this subsection includes a conviction of
5an offense which if committed in this state would be a felony
6without regard to its designation elsewhere, and includes a
7finding or verdict of guilt made or returned in a criminal
8proceeding even if the adjudication of guilt is withheld or not
9entered. A certified copy of the final order or judgment of
10conviction or plea of guilty in this state or in another state
11constitutes conclusive evidence of the conviction.
12 Sec. 26. NEW SECTION. 272C.12 Licensure of persons licensed
13in other jurisdictions.
141. Notwithstanding any other provision of law, an
15occupational or professional license, certificate, or
16registration, including a license, certificate, or registration
17issued by the board of educational examiners, shall be issued
18without an examination to a person who establishes residency
19in this state or to a person who is married to an active duty
20member of the military forces of the United States and who is
21accompanying the member on an official permanent change of
22station to a military installation located in this state if all
23of the following conditions are met:
24a. The person is currently licensed, certified, or
25registered by at least one other issuing jurisdiction in the
26occupation or profession applied for with a substantially
27similar scope of practice and the license, certificate, or
28registration is in good standing in all issuing jurisdictions
29in which the person holds a license, certificate, or
30registration.
31b. The person has been licensed, certified, or registered by
32another issuing jurisdiction for at least one year.
33c. When the person was licensed by the issuing jurisdiction,
34the issuing jurisdiction imposed minimum educational
35requirements and, if applicable, work experience and clinical
-4-1supervision requirements, and the issuing jurisdiction verifies
2that the person met those requirements in order to be licensed
3in that issuing jurisdiction.
4d. The person previously passed an examination required by
5the other issuing jurisdiction for licensure, certification,
6or registration, if applicable.
7e. The person has not had a license, certificate, or
8registration revoked and has not voluntarily surrendered a
9license, certificate, or registration in any other issuing
10jurisdiction or country while under investigation for
11unprofessional conduct.
12f. The person has not had discipline imposed by any other
13regulating entity in this state or another issuing jurisdiction
14or country. If another jurisdiction has taken disciplinary
15action against the person, the appropriate licensing board
16shall determine if the cause for the action was corrected and
17the matter resolved. If the licensing board determines that
18the matter has not been resolved by the jurisdiction imposing
19discipline, the licensing board shall not issue or deny a
20license, certificate, or registration to the person until the
21matter is resolved.
22g. The person does not have a complaint, allegation, or
23investigation pending before any regulating entity in another
24issuing jurisdiction or country that relates to unprofessional
25conduct. If the person has any complaints, allegations, or
26investigations pending, the appropriate licensing board shall
27not issue or deny a license, certificate, or registration to
28the person until the complaint, allegation, or investigation
29is resolved.
30h. The person pays all applicable fees.
31i. The person does not have a criminal history that would
32prevent the person from holding the license, certificate, or
33registration applied for in this state.
342. A person licensed pursuant to this section is subject to
35the laws regulating the person’s practice in this state and is
-5-1subject to the jurisdiction of the appropriate licensing board.
23. This section does not apply to any of the following:
3a. The ability of a licensing board, agency, or department
4to require the submission of fingerprints or completion of a
5criminal history check.
6b. Criteria for a license, certificate, or registration that
7is established by an interstate compact.
8c. The ability of a licensing board, agency, or department
9to require a person to take and pass an examination specific to
10the laws of this state prior to issuing a license. A licensing
11board, agency, or department that requires an applicant to take
12and pass an examination specific to the laws of this state
13shall issue an applicant a temporary license that is valid
14for a period of three months and may be renewed once for an
15additional period of three months.
16d. A license issued by the department of transportation.
17e. A person who is licensed by another issuing jurisdiction
18and is granted a privilege to practice in this state by another
19provision of law without receiving a license in this state.
20f. A person applying for a license through a national
21licensing organization.
224. A license, certificate, or registration issued
23pursuant to this section does not grant the person receiving
24the license, certificate, or registration eligibility to
25practice pursuant to an interstate compact. A licensing
26board shall determine eligibility for a person to hold a
27license, certificate, or registration pursuant to this section
28regardless of the person’s eligibility to practice pursuant to
29an interstate compact.
305. For the purposes of this section, “issuing jurisdiction”
31means the duly constituted authority in another state that has
32issued a professional license, certificate, or registration to
33a person.
34 Sec. 27. NEW SECTION. 272C.13 Educational requirements —
35work experience.
-6- 11. Except as provided in subsection 2, a person applying
2for a professional or occupational license, certificate,
3or registration in this state who relocates to this state
4from another state that did not require a professional or
5occupational license, certificate, or registration to practice
6the person’s profession or occupation may be considered to have
7met any education, training, or work experience requirements
8imposed by a licensing board in this state if the person
9has three or more years of related work experience with a
10substantially similar scope of practice within the four years
11preceding the date of application as determined by the board.
122. This section does not apply to a license, certificate,
13or registration issued by the board of medicine, the board of
14nursing, the dental board, the board of pharmacy, or the board
15of educational examiners.
163. If this Code or administrative rules require
17a person applying for a professional or occupational
18license, certificate, or registration in this state to
19pass an examination to obtain the license, certificate, or
20registration, a person applying for licensure, certification,
21or registration under this section shall be required to pass
22the same examination.
23 Sec. 28. NEW SECTION. 272C.14 Waiver of fees.
24A licensing board, agency, or department shall waive any
25fee charged to an applicant for a license if the applicant’s
26household income does not exceed two hundred percent of the
27federal poverty income guidelines and the applicant is applying
28for the license for the first time in this state.
29 Sec. 29. NEW SECTION. 272C.15 Disqualifications for
30criminal convictions limited.
311. Notwithstanding any other provision of law to the
32contrary, except for chapter 272, a person’s conviction of a
33crime may be grounds for the denial, revocation, or suspension
34of a license only if an unreasonable risk to public safety
35exists because the offense directly relates to the duties
-7-1and responsibilities of the profession and the appropriate
2licensing board, agency, or department does not grant an
3exception pursuant to subsection 4.
42. A licensing board, agency, or department that may deny a
5license on the basis of an applicant’s conviction record shall
6provide a list of the specific convictions that may disqualify
7an applicant from receiving a license. Any such offense
8shall be an offense that directly relates to the duties and
9responsibilities of the profession.
103. A licensing board, agency, or department shall not deny
11an application for a license on the basis of an arrest that
12was not followed by a conviction or based on a finding that an
13applicant lacks good character, suffers from moral turpitude,
14or on other similar basis.
154. A licensing board, agency, or department shall grant
16an exception to an applicant who would otherwise be denied a
17license due to a criminal conviction if the following factors
18establish by clear and convincing evidence that the applicant
19is rehabilitated and an appropriate candidate for licensure:
20a. The nature and seriousness of the crime for which the
21applicant was convicted.
22b. The amount of time that has passed since the commission
23of the crime. There is a rebuttable presumption that an
24applicant is rehabilitated and an appropriate candidate
25for licensure five years after the date of the applicant’s
26release from incarceration, provided that the applicant was
27not convicted of sexual abuse in violation of section 709.4,
28a sexually violent offense as defined in section 229A.2,
29dependent adult abuse in violation of section 235B.20, a
30forcible felony as defined in section 702.11, or domestic abuse
31assault in violation of section 708.2A, and the applicant
32has not been convicted of another crime after release from
33incarceration.
34c. The circumstances relative to the offense, including any
35aggravating and mitigating circumstances or social conditions
-8-1surrounding the commission of the offense.
2d. The age of the applicant at the time the offense was
3committed.
4e. Any treatment undertaken by the applicant.
5f. Whether a certification of employability has been issued
6to the applicant pursuant to section 906.19.
7g. Any letters of reference submitted on behalf of the
8applicant.
9h. All other relevant evidence of rehabilitation and present
10fitness of the applicant.
115. An applicant may petition the relevant licensing board,
12agency, or department, in a form prescribed by the board,
13agency, or department, for a determination as to whether the
14applicant’s criminal record will prevent the applicant from
15receiving a license. The board, agency, or department shall
16issue such a determination at the next regularly scheduled
17meeting of the board, agency, or department or within thirty
18days of receiving the petition, whichever is later. The
19board, agency, or department shall hold a closed session
20while determining whether an applicant’s criminal record will
21prevent the applicant from receiving a license and while
22determining whether to deny an applicant’s application on
23the basis of an applicant’s criminal conviction. A board,
24agency, or department may charge a fee to recoup the costs of
25such a determination, provided that such fee shall not exceed
26twenty-five dollars.
276. a. A licensing board, agency, or department that
28denies an applicant a license solely or partly because of
29the applicant’s prior conviction of a crime shall notify the
30applicant in writing of all of the following:
31(1) The grounds for the denial or disqualification.
32(2) That the applicant has the right to a hearing to
33challenge the licensing authority’s decision.
34(3) The earliest date the applicant may submit a new
35application.
-9- 1(4) That evidence of rehabilitation of the applicant may be
2considered upon reapplication.
3b. A determination by a licensing board, agency, or
4department that an applicant’s criminal conviction is
5specifically listed as a disqualifying conviction and the
6offense directly relates to the duties and responsibilities
7of the applicant’s profession must be documented in written
8findings for each factor specified in subsection 4 sufficient
9for a review by a court.
10c. In any administrative or civil hearing authorized by
11this section or chapter 17A, a licensing board, agency, or
12department shall carry the burden of proof on the question of
13whether the applicant’s criminal offense directly relates to
14the duties and responsibilities of the profession for which the
15license is sought.
167. A board, agency, or department may require an applicant
17with a criminal record to submit the applicant’s complete
18criminal record detailing an applicant’s offenses with an
19application. A board, agency, or department may also require
20an applicant with a criminal record to submit a personal
21statement regarding whether each offense directly relates to
22the duties and performance of the applicant’s occupation. For
23the purposes of this subsection, “complete criminal record”
24includes the complaint and judgment of conviction for each
25offense of which the applicant has been convicted.
26 Sec. 30. RULEMAKING PROCEDURES AND APPLICABILITY.
271. The boards designated in section 147.13 other than the
28board of medicine, the board of nursing, the dental board, and
29the board of pharmacy, when carrying out rulemaking pursuant
30to chapter 17A to implement the provisions of this division
31of this Act, shall each adopt the same rules, which shall be
32applicable to all such boards. The bureau of professional
33licensure of the department of public health shall assist the
34boards in carrying out such rulemaking.
352. The accountancy examining board, the architectural
-10-1examining board, the engineering and land surveying examining
2board, the interior design examining board, the landscape
3architectural examining board, and the real estate commission,
4when carrying out rulemaking pursuant to chapter 17A to
5implement the provisions of this Act, shall each adopt the same
6rules, which shall be applicable to all such boards and the
7real estate commission. The professional licensing bureau of
8the department of commerce shall assist the boards and the real
9estate commission in carrying out such rulemaking.
103. This section shall not apply to any rulemaking pursuant
11to chapter 17A by a board or commission to implement the
12provisions of this Act that the board or commission determines
13is necessary to address circumstances or legal requirements
14uniquely applicable to the board or commission.
15 Sec. 31. EFFECTIVE DATE. This division of this Act takes
16effect January 1, 2021.
17DIVISION II
18MISCELLANEOUS CHANGES
19 Sec. 32. Section 22.2, Code 2020, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 2A. If feasible, the custodian of a public
22record may provide for the electronic examination and copying
23of a public record in lieu of requiring in-person examination
24and copying of a public record. This subsection does not apply
25to searches of all indexes, general and specific, of public
26records relating to documents, instruments, and muniments of
27title, for the purpose of performing title searches, real
28property searches, or creating real property abstracts.
29 Sec. 33. Section 22.4, Code 2020, is amended to read as
30follows:
3122.4 Hours when available Public records requests.
32The rights of persons under this chapter may be exercised
33under any of the following circumstances:
341. In person,at any time during the customary office hours
35of the lawful custodian of the records. However, if the lawful
-11-1custodian does not have customary office hours of at least
2thirty hours per week, such right may be exercised at any time
3from 9:00 a.m.to noon and from 1:00 p.m.to 4:00 p.m. Monday
4through Friday, excluding legal holidays, unless the person
5exercising such right and the lawful custodian agree on a
6different time.
72. In writing, by telephone, or by electronic means. The
8lawful custodian of the records shall post information for
9making such requests in a manner reasonably calculated to
10apprise the public of that information.
11 Sec. 34. Section 80A.1, subsection 12, Code 2020, is amended
12to read as follows:
1312. “Private security business” means a business of
14furnishing, for hire or reward, guards, watch personnel,
15armored car personnel, patrol personnel, or other persons to
16protect persons or property, to prevent the unlawful taking of
17goods and merchandise, or to prevent the misappropriation or
18concealment of goods, merchandise, money, securities, or other
19valuable documents or papers, and includes an individual who
20for hire patrols, watches, or guards a residential, industrial,
21or business property or district. “Private security business”
22 does not include a business for debt collection as defined in
23section 537.7102.
24 Sec. 35. Section 89A.3, subsection 2, paragraph i, Code
252020, is amended to read as follows:
26i. The amount of fees charged and collected for inspection,
27permits, and commissions. Fees shall be set at an amount
28sufficient to cover costs as determined from consideration
29of the reasonable time required to conduct an inspection,
30reasonable hourly wages paid to inspectors, and reasonable
31transportation and similar expenses. The safety board shall
32also be authorized to consider setting reduced fees for
33nonprofit associations and nonprofit corporations, as described
34in chapters 501B and 504.
35 Sec. 36. Section 125.38, subsection 1, Code 2020, is amended
-12-1to read as follows:
21. Subject to reasonable rules regarding hours of
3visitation which the department may adopt, a patient in
4a facility shall be granted an opportunity for adequate
5consultation with counsel, and for continuing contact with
6family and friends consistent with an effective treatment
7program, provided that such consultation and contact may be
8provided telephonically or electronically.
9 Sec. 37. Section 135B.5, subsection 1, Code 2020, is amended
10to read as follows:
111. Upon receipt of an application for license and the
12license fee, the department shall issue a license if the
13applicant and hospital facilities comply with this chapter,
14chapter 135, and the rules of the department. Each licensee
15shall receive annual reapproval upon payment of five hundred
16dollars and upon filing of an application form which is
17available from the department. The annual licensure fee shall
18be dedicated to support and provide educational programs on
19regulatory issues for hospitals licensed under this chapter in
20consultation with the hospital licensing board. Licenses shall
21be either general or restricted in form. Each license shall be
22issued only for the premises and persons or governmental units
23named in the application and is not transferable or assignable
24except with the written approval of the department. Licenses
25shall be posted in a conspicuous place on the licensed premises
26as prescribed by rule of the department.
27 Sec. 38. Section 135B.7, subsection 1, paragraph a, Code
282020, is amended to read as follows:
29a. The department, with the advice and approval of the
30hospital licensing board and approval of the state board of
31health, shall adopt rules setting out the standards for the
32different types of hospitals to be licensed under this chapter.
33The department shall enforce the rules.
34 Sec. 39. Section 272.2, subsection 1, paragraph a, Code
352020, is amended to read as follows:
-13- 1a. License practitioners, which includes the authority to
2establish criteria for the licenses; establish issuance and
3renewal requirements, provided that a continuing education
4requirement may be completed by electronic means; create
5application and renewal forms; create licenses that authorize
6different instructional functions or specialties; develop a
7code of professional rights and responsibilities, practices,
8and ethics, which shall, among other things, address the
9failure of a practitioner to fulfill contractual obligations
10under section 279.13; and develop any other classifications,
11distinctions, and procedures which may be necessary to exercise
12licensing duties. In addressing the failure of a practitioner
13to fulfill contractual obligations, the board shall consider
14factors beyond the practitioner’s control.
15 Sec. 40. Section 483A.24, subsection 3, paragraph a, Code
162020, is amended to read as follows:
17a. Fifty of the nonresident deer hunting licenses shall
18be allocated as requested by a majority of a committee
19consisting of the majority leader of the senate, speaker of
20the house of representatives, and director of the economic
21development authority, or their designees determined by the
22department. The licenses provided pursuant to this subsection
23shall be in addition to the number of nonresident licenses
24authorized pursuant to section 483A.8. The purpose of the
25special nonresident licenses is to allow state officials and
26local development groups to promote the state and its natural
27resources to nonresident guests and dignitaries. Photographs,
28videotapes, or any other form of media resulting from the
29hunting visitation shall not be used for political campaign
30purposes. The nonresident licenses shall be issued without
31application upon purchase of a nonresident annual hunting
32license that includes the wildlife habitat fee and the purchase
33of a nonresident deer hunting license. The licenses are valid
34in all zones open to deer hunting. The hunter education
35certificate requirement pursuant to section 483A.27 is waived
-14-1for a nonresident issued a license pursuant to this subsection.
2 Sec. 41. Section 483A.24, subsection 4, paragraph a, Code
32020, is amended to read as follows:
4a. Fifty of the nonresident wild turkey hunting licenses
5shall be allocated as requested by a majority of a committee
6consisting of the majority leader of the senate, speaker of
7the house of representatives, and director of the economic
8development authority, or their designees determined by the
9department. The licenses provided pursuant to this subsection
10shall be in addition to the number of nonresident licenses
11authorized pursuant to section 483A.7. The purpose of the
12special nonresident licenses is to allow state officials and
13local development groups to promote the state and its natural
14resources to nonresident guests and dignitaries. Photographs,
15videotapes, or any other form of media resulting from the
16hunting visitation shall not be used for political campaign
17purposes. The nonresident licenses shall be issued without
18application upon purchase of a nonresident annual hunting
19license that includes the wildlife habitat fee and the purchase
20of a nonresident wild turkey hunting license. The licenses are
21valid in all zones open to wild turkey hunting. The hunter
22education certificate requirement pursuant to section 483A.27
23is waived for a nonresident issued a license pursuant to this
24subsection.
25 Sec. 42. Section 543D.9, Code 2020, is amended to read as
26follows:
27543D.9 Education and experience requirement.
28The board shall determine what real estate appraisal or
29real estate appraisal review experience and what education
30shall be required to provide appropriate assurance that
31an applicant for certification is competent to perform the
32certified appraisal work which is within the scope of practice
33defined by the board. All experience required for initial
34certification shall be performed as a registered associate
35real estate appraiser acting under the direct supervision of
-15-1a certified real estate appraiser who meets the supervisory
2requirements established by applicable federal authorities or
3federal law, rule, or policy in effect at the time the hours
4of experience are claimed, except as the board may provide by
5rule. Subject to requirements or limitations established by
6applicable federal authorities or federal law, rule, or policy,
7hours qualifying for experience in a bordering state will
8be considered qualifying hours for experience in this state
9without requiring a waiver or authorization from the board in
10accordance with rules and standards adopted by the board, as
11long as a majority of qualifying hours are completed in this
12state. Qualifying hours completed in a bordering state shall
13be under the direct supervision of a certified real estate
14appraiser with active certification in that bordering state.
15 The board shall prescribe a required minimum number of tested
16hours of education relating to the provisions of this chapter,
17the uniform appraisal standards, and other rules issued in
18accordance with this chapter.
19 Sec. 43. Section 544A.8, Code 2020, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 5. A person applying to the board for
22licensure who has passed a module of the architect registration
23examination but failed to pass the exam shall not be required
24to retake the module that the applicant previously passed in
25subsequent examinations.
26 Sec. 44. REPEAL. Chapter 9D, Code 2020, is repealed.
27 Sec. 45. REPEAL. Sections 135B.10 and 135B.11, Code 2020,
28are repealed.
29 Sec. 46. 2018 Iowa Acts, chapter 1142, section 8, as amended
30by 2019 Iowa Acts, chapter 85, section 118, is amended to read
31as follows:
32SEC. 8. FUTURE REPEAL. Section 155A.44, Code 2018, is
33repealed effective July 1, 2020 2021.
34 Sec. 47. CONTINUING EDUCATION REQUIREMENTS. The boards
35designated in section 147.13 shall require licensees required
-16-1to complete continuing education credits prior to the renewal
2of a license set to expire in 2020 to complete such continuing
3education credits by June 30, 2021. A license set to expire in
42020 shall not expire until June 30, 2021.
5 Sec. 48. CONTINUING EDUCATION — ELECTRONIC MEANS. For the
6period beginning on the effective date of this division of this
7Act through June 30, 2021, notwithstanding any provision of law
8to the contrary, each licensing board, as defined in section
9272C.1, shall allow licensees to satisfy continuing education
10requirements by electronic means.
11 Sec. 49. SCHOOL PHYSICALS — TEMPORARY PROVISIONS. For
12the period beginning on the effective date of this division of
13this Act through December 31, 2020, a student participating
14in interscholastic athletics who presents to the student’s
15superintendent a certificate signed on or after July 1, 2019,
16by a licensed physician or surgeon, osteopathic physician
17or surgeon, chiropractor, physician assistant, or advanced
18registered nurse practitioner, to the effect that the
19student has been examined and may safely engage in athletic
20competition, shall be deemed to have complied with the
21regulatory provisions of 281 IAC 36.14(1).
22 Sec. 50. SHAREHOLDER MEETINGS — TEMPORARY PROVISIONS. For
23the period beginning on the effective date of this division
24of this Act through December 31, 2020, notwithstanding the
25provisions of chapters 490, 491, 499, and 501A requiring an
26in-person meeting of shareholders, policyholders, or members,
27an in-person meeting of shareholders, policyholders, or members
28shall not be required if the meeting is held by means of remote
29communication and provides shareholders, policyholders, or
30members a reasonable opportunity to participate in the meeting
31and to vote on matters submitted for action at such meeting,
32including an opportunity to communicate and to read or hear the
33proceedings of the meeting, substantially concurrent with the
34occurrence of such meeting.
35 Sec. 51. EFFECTIVE DATE. This division of this Act, being
-17-1deemed of immediate importance, takes effect upon enactment.
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