PrintProposing rule making related to denial of licensure and providing an opportunity for public comment
The Accountancy Examining Board hereby proposes to amend Chapter 3, “Certification of CPAs,” Chapter 4, “Licensure of LPAs,” Chapter 5, “Licensure Status and Renewal of Certificates and Licenses,” Chapter 6, “Attest and Compilation Services,” Chapter 7, “Certified Public Accounting Firms,” Chapter 8, “Licensed Public Accounting Firms,” Chapter 12, “Fees,” Chapter 13, “Rules of Professional Ethics and Conduct,” and Chapter 14, “Disciplinary Authority and Grounds for Discipline,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 542.4 and 546.10.State or Federal Law Implemented This rule making implements, in whole or in part, 2020 Iowa Acts, House Files 2389 and 2627.Purpose and Summary The proposed amendments update the circumstances under which a license may be denied. They also provide for a predetermination process, prior to an application submittal, as to whether a criminal conviction may prevent licensure.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. It is unknown how many individuals would seek an eligibility determination due to a criminal conviction prior to applying, which would result in collection by the Professional Licensing Bureau of a $25 fee to recover the associated costs as set forth in 2020 Iowa Acts, House File 2627.Jobs Impact After analysis and review of this rule making, there is a potential positive impact on jobs as individuals who may have been ineligible for licensure may be eligible for licensure as a result of this rule making. 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 193—Chapter 5. 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 January 21, 2021. Comments should be directed to: Robert Lampe Iowa Accountancy Examining Board 200 East Grand Avenue, Suite 350 Des Moines, Iowa 50309 Email: robert.lampe@iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: January 21, 2021 10 to 11 a.m. Professional Licensing Bureau Offices 200 East Grand Avenue, Suite 350 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 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 3.1(2) as follows: 3.1(2) An application may be denied if the applicant: a. HasSubject to the limitations and processes set forth at Iowa Code section 272C.15 and corresponding implementing rules located at 193—Chapter 15, has been convicted of a crime described in Iowa Code section 542.5(2); b. Has had a professional license of any kind revoked in this or any other jurisdiction, as provided in Iowa Code section 542.5(3); c. Makes a false statement of material fact on an application for a certificate or is otherwise implicated in the submission of a false application as provided in Iowa Code section 542.5(4); d. Has violated a provision of Iowa Code section 542.20 or has been assessed penalties pursuant to Iowa Code section 542.14 or 193A—Chapter 17; e. Is the subject of a notice of noncompliance as provided in 193—Chapter 8; f. Demonstrates a lack of moral character in a manner which the board reasonably believes will impair the applicant’s ability to practice public accountancy in full compliance with the public interest and state policies described in Iowa Code section 542.2. While it is not possible to itemize all actions or behaviors which may demonstrate a lack of moral character, the following nonexclusive list of factors will guide the board in making its determination:. However, the board shall not deny an application on the basis of an arrest that was not followed by a conviction based on a finding that because of that arrest the applicant lacks moral character. (1) A pattern and practice of making false or deceptive representations, or of omitting material facts, while providing the public any of the services described in Iowa Code section 542.3(20); (2) Fraud or dishonesty while advertising or selling goods or services to the public; (3) Willful or repeated failure to timely file tax returns or other mandatory submittals due a governmental body; (4) Fiscally irresponsible behavior in the absence of mitigating circumstances; g. Is subject to discipline on any ground that would form the basis for discipline against a licensee; or h. Has had a practice privilege revoked in this or another jurisdiction. ITEM 2. Amend subrule 3.4(3) as follows: 3.4(3) ASubject to the limitations and processes set forth at Iowa Code section 272C.15 and corresponding implementing rules located at 193—Chapter 15, a candidate for the examination who has been convicted in a court of competent jurisdiction in this state, or another state, territory, or a district of the United States, or in a foreign jurisdiction of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other similar offense, or of any crime involving moral character or dishonesty may be denied admittance to the examination by the board on the grounds of the conviction. For purposes of this subrule, “conviction” means a conviction for an indictable offense and includes a guilty plea, deferred judgment from the time of entry of the deferred judgment until the time the defendant is discharged by the court without entry of judgment, or other finding of guilt by a court of competent jurisdiction. ITEM 3. Amend subrule 4.1(2) as follows: 4.1(2) An application may be denied if the applicant: a. HasSubject to the limitations and processes set forth at Iowa Code section 272C.15 and corresponding implementing rules located at 193—Chapter 15, has been convicted of a crime; b. Has had a professional license of any kind revoked in this or any other jurisdiction; c. Makes a false statement of material fact on an application for a license or is otherwise implicated in the submission of a false application; d. Has been assessed penalties pursuant to Iowa Code section 542.14 or 193A—Chapter 17; e. Is the subject of a notice of noncompliance as provided in 193—Chapter 8; f. Demonstrates a lack of moral character in a manner that the board reasonably believes will impair the applicant’s ability to practice public accountancy in full compliance with the public interest and state policies described in Iowa Code section 542.2. While it is not possible to itemize all actions or behaviors which may demonstrate a lack of moral character, the following nonexclusive list of factors will guide the board in making its determination:. However, the board shall not deny an application on the basis of an arrest that was not followed by a conviction based on a finding that because of that arrest the applicant lacks moral character. (1) A pattern and practice of making false or deceptive representations, or of omitting material facts, while providing any accounting services to the public; (2) Fraud or dishonesty while advertising or selling goods or services to the public; (3) Willful or repeated failure to timely file tax returns or other mandatory submittals due a governmental body; (4) Fiscally irresponsible behavior in the absence of mitigating circumstances; or g. Is subject to discipline on any ground that would form the basis for discipline against a licensee. ITEM 4. Amend subrule 4.2(3) as follows: 4.2(3) ASubject to the limitations and processes set forth at Iowa Code section 272C.15 and corresponding implementing rules located at 193—Chapter 15, a candidate for the examination who has been convicted in a court of competent jurisdiction in this state, or another state, territory, or a district of the United States, or in a foreign jurisdiction of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other similar offense, or of any crime involving moral character or dishonesty may be denied admittance to the examination by the board on the grounds of the conviction. For purposes of this subrule, “conviction” means a conviction for an indictable offense and includes a guilty plea, deferred judgment from the time of entry of the deferred judgment until the time the defendant is discharged by the court without entry of judgment, or other finding of guilt by a court of competent jurisdiction. ITEM 5. Amend subrule 5.1(1), introductory paragraph, as follows: 5.1(1) Licenses issued by the board pursuant to Iowa Code section 542.6, 542.8, or 542.19, or any other applicable law or rule, may be in active, inactive, or lapsed status, as follows: ITEM 6. Amend rule 193A—5.3(542) as follows:193A—5.3(542) License renewal. Licenses issuedby the board pursuant to Iowa Code section 542.6 (CPA certificates), 542.8 (LPA licenses), or 542.19 (CPA certificates by substantial equivalency), or any other applicable law or rule, shall be renewed on an annual basis and shall expire on June 30 of each year. Licenses shall be renewed through the online renewal process. An annual renewal fee will be charged. ITEM 7. Amend paragraph 6.3(3)"a" as follows: a. Applicants may apply for attest qualification when initially applying for a certificate as an Iowa CPA under Iowa Code section 542.6 or when applying for reciprocal Iowa certification under Iowa Code section 542.19or any other applicable law or rule. ITEM 8. Amend subrule 6.4(1) as follows: 6.4(1) Only a CPA licensedby the board under Iowa Code section 542.6 or 542.19,or any other applicable law or rule; an LPA licensedby the board under Iowa Code section 542.8,or any other applicable law or rule; or a person exercising a practice privilege under Iowa Code section 542.20 shall issue a report in standard form upon a compilation of financial information or otherwise provide compilation services in Iowa or for a client with a home office in Iowa. ITEM 9. Amend paragraph 7.2(3)"c" as follows: c. Based on a regulatory or disciplinary action orto the extent applicable, subject to the limitations and processes set forth at Iowa Code section 272C.15 and corresponding implementing rules located at 193—Chapter 15, criminal conviction described in subrules 7.3(14) and 7.3(15) against any of the firm’s licensed or unlicensed owners. ITEM 10. Amend rule 193A—8.1(542) as follows:193A—8.1(542) Initial permit to practice. 8.1(1) A sole proprietorship, corporation, partnership, limited liability company, or any other form of organization shall apply for a permit to practice under Iowa Code section 542.8 and these rules as a firm of licensed public accountants in order to use the title “LPAs” or “LPA firm.” A nonrefundable application fee shall be charged. 8.1(2) The application shall be completed and submitted through the online application process and shall provide sufficient information from which the board can determine that a simple majority of owners hold licenses issuedby the board under Iowa Code section 542.8 or certificates issuedby the board under Iowa Code section 542.6 or 542.19,or any other applicable law or rule, or are eligible to practice under practice privilege pursuant to Iowa Code section 542.20, or otherwise hold a license or certificate to practice public accounting in another state. At least one owner must be licensed under Iowa Code section 542.8. 8.1(3) The application shall list the name, licensure, and contact information for each licensee or practice privilege practitioner who is responsible for supervising compilation services and who signs or authorizes someone to sign the accountant’s report on financial statements on behalf of the firm. The application shall affirm that any licensee listed meets the competency requirements set forth in SSARS and holds a valid license or certificate issuedby the board under Iowa Code section 542.6, 542.8, or 542.19, orany other applicable law or rule, or is eligible to exercise a practice privilege under Iowa Code section 542.20. 8.1(4) The application shall list the physical location and contact information for all offices within this state and the licensee in charge of each such office. 8.1(5) Persons in charge of an office located in Iowa shall be licensed in Iowa under Iowa Code section 542.6, 542.8, or 542.19, or any other applicable law or rule. 8.1(6) The application shall designate an individual who holds a valid license or certificate issuedby the board under Iowa Code section 542.6, 542.8, or 542.19, or any other applicable law or rule, or who is eligible to exercise a practice privilege under Iowa Code section 542.20 as the person responsible for ensuring that the firm has complied with all of the requirements for a permit to practice, and shall provide contact and licensure information for such individual. 8.1(7) The application shall affirm that all nonlicensee owners are of good moral character as defined in 193A—paragraph 4.1(2)“f” and active participants in the firm or an affiliated entity. 8.1(8) The application shall affirm that all nonlicensee owners shall comply with all applicable rules of professional conduct. 8.1(9) The application for initial issuance of a permit shall list all states in which the applicant or any of the individuals described in subrules 8.1(2) to 8.1(5) have applied for or hold a permit as a licensed public accounting firm, certified public accounting firm, or individual license or certificate, and list any past denial, revocation, surrender, or suspension of a permit, license or certificate by another state. 8.1(10) The application shall list the names of any licensed or unlicensed owner who has been convicted of a felony or other crime described in Iowa Code section 542.5(2) or has had a professional license of any kind revoked in this or any other jurisdiction. 8.1(11) Fraud or deceit, by commission or omission, in obtaining a firm permit to practice is a ground for discipline, including permanent revocation of the firm’s permit to practice, the individual certificate of an Iowa LPA or CPA, or an individual’s practice privilege, as applicable to the entity or persons responsible. 8.1(12) An initial or renewal application for a firm permit to practice may be denied: a. Upon any ground that would form a basis for discipline against the firm pursuant to Iowa Code section 542.10 or rule 193A—14.3(17A,272C,542) including, but not limited to, the regulatory and disciplinary actions and, to the extent applicable, subject to the limitations and processes set forth at Iowa Code section 272C.15 and corresponding implementing rules located at 193—Chapter 15, criminal convictions described in subrules 8.1(9) and 8.1(10); b. Based on the firm’s failure to comply with the requirements of Iowa Code section 542.8 including, but not limited to, a failure to make the designations described in subrules 8.1(3), 8.1(4), and 8.1(6), or a failure to sustain the simple majority of ownership required by Iowa Code section 542.8(12)“a”; or c. Based on a regulatory or disciplinary action or, to the extent applicable, subject to the limitations and processes set forth at Iowa Code section 272C.15 and corresponding implementing rules located at 193—Chapter 15, criminal conviction described in subrules 8.1(9) and 8.1(10) against any of the firm’s owners (e.g., partners, shareholders, or members). ITEM 11. Amend rule 193A—12.1(542) as follows:193A—12.1(542) Required fees. The following is a schedule of the fees for examinations, certificates, licenses, permits and renewals adopted by the board:Initial CPA examination application: Paid directly to CPA examination servicesnot to exceed $1500Reexamination: Paid directly to CPA examination servicesnot to exceed $1500 Original issuance of CPA certificate or LPA license by examination (fee includes wall certificate)$100 Original issuance of CPA certificate by reciprocity or substantial equivalency$100 CPA wall certificate or LPA license issued by reciprocity or substantial equivalency$50 Replacement of lost or destroyed wall CPA certificate or LPA license$50 Original issuance of attest qualification$100 Annual renewal of CPA certificate or LPA license—active status$100 Late renewal of CPA certificate or LPA license within 30-day grace period (July 1 to July 30)—active status$25 Annual renewal of CPA certificate or LPA license—inactive status$50 Late renewal of CPA certificate or LPA license within 30-day grace period (July 1 to July 30)—inactive status$10 Penalty for failure to comply with continuing education requirements$50 to $250 Original issuance of firm permit to practice$100 Annual renewal of firm permit to practice$100 Reinstatement of lapsed CPA certificate or LPA license$100 + renewal fee + $25 per month of expired registration Reinstatement of lapsed firm permit to practice$100 + renewal fee + $25 per month of expired registration Interstate Transfer Form$25 License predetermination fee$25 ITEM 12. Amend subrule 13.5(1) as follows: 13.5(1) Who can perform. Only a CPA licensed under Iowa Code section 542.6 or 542.19,or any other applicable law or rule; an LPA licensed under Iowa Code section 542.8,or any other applicable law or rule; or a CPA exercising a practice privilege under Iowa Code section 542.20 shall issue a report in standard form upon a compilation of financial information or otherwise provide compilation services in Iowa or for a client with a home office in Iowa. (Refer to rule 193A—6.4(542).) ITEM 13. Amend subrule 14.3(11) as follows: 14.3(11) Conviction of a crime. Conviction, in this state or any other jurisdiction, of any felony, or of any crime described in Iowa Code section 542.5(2). Acertified copy of the recordfinal order or judgement of conviction or plea of guiltyin this state or in another jurisdiction shall be conclusive evidenceof the conviction. “Conviction” shall include any plea of guilty or nolo contendere, including Alford pleas, or finding of guilt whether or not judgment or sentence is deferred, withheld, not entered, or suspended, and whether or not the conviction is on appeal. If such conviction is overturned or reversed by a court of last resort, discipline by the board based solely on the conviction shall be vacated.A conviction qualifies as a felony offense if the offense is designated as a felony in the jurisdiction in which the conviction occurred; or had the offense been committed in this state the offense would be a felony, without regard to its designation elsewhere. Notwithstanding the foregoing, a conviction may be grounds for revocation or suspension only if an unreasonable risk to public safety exists because the offense directly relates to the duties and responsibilities of the profession. An offense directly relates to the profession if either (1) the actions taken in furtherance of an offense are actions customarily performed within the scope of practice of the profession, or (2) the circumstances under which an offense was committed are circumstances customary to the profession.ARC 5355CArchitectural Examining Board[193B]Notice of Intended ActionProposing rule making related to board administration and license renewal and providing an opportunity for public comment
The Architectural Examining Board hereby proposes to amend Chapter 1, “Description of Organization,” Chapter 2, “Licensure,” Chapter 3, “Continuing Education,” Chapter 4, “Rules of Conduct,” Chapter 6, “Disciplinary Action Against Licensees,” and Chapter 7, “Disciplinary Action—Unlicensed Practice,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 544A.29.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 544A and 2020 Iowa Acts, House File 2627.Purpose and Summary These amendments implement changes recommended and required by 2020 Iowa Acts, House File 2627, and the five-year rolling administrative rules review outlined in Iowa Code section 17A.7(2).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 193—Chapter 5.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 January 19, 2021. Comments should be directed to: Lori SchraderBachar Architectural Examining Board 200 East Grand Avenue, Suite 350 Des Moines, Iowa 50309 Email: lori.schraderbachar@iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: January 19, 2021 11 a.m. to 12 noon Board Office, Suite 350 200 East Grand Avenue 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 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 193B—Chapter 1 as follows: CHAPTER 1DESCRIPTION OF ORGANIZATION[Prior to 7/13/88, see Architectural Examiners, Board of[80]]193B—1.1(544A,17A) Duties. The board shall enforce the provisions of Iowa Code chapter 544A and shall maintain a roster of all licensed architects authorized to practice architecture in the state. 1.1(1) The purpose of the architectural examining board is to administer and enforce the provisions of Iowa Code chapter 544A with regard to the practice of architecture in the state of Iowa including the examining of candidates; issuing licenses to practice architecture; assuring continuing competency through continued education; investigating violations and infractions of the architecture law; disciplining licensees; and imposing civil penalties against nonlicensees. To this end, the board has promulgated these rules to clarify the board’s intent and procedures. 1.1(2) The primary mission of the board is to protect the public interest. All board rules shall be construed as fostering the guiding policies and principles described in Iowa Code section 544A.5. The board and its licensees shall strive at all times to protect the public interest by promoting the highest standards of architecture. 1.1(3) The board shall maintain a roster of all architects authorized to practice architecture in the state. 1.(1) 1.1(4) PresidentChairperson. The presidentchairperson shall preside at all meetings, shall appoint all committees, shall sign all certificates, and shall otherwise perform all duties pertaining to the office of the presidentchairperson. 1.(2) 1.1(5) Vice presidentchairperson. The vice presidentchairperson shall, in the absence or incapacity of the presidentchairperson, exercise the duties and possess the powers of the presidentchairperson. The vice president shall sign all certificates. 1.1(3) Secretary. The secretary shall sign all certificates. 1.(4) 1.1(6) Board administrator. The professional licensing and regulation bureau may employ a board administrator, who will maintain all necessary records of the board and perform all duties in connection with the operation of the board office. The board administrator is the lawful custodian of board records. The board administrator shall determine when the legal requirements for licensure have been satisfied with regard to issuance of certificates, licenses or registrations, and the board administrator shall submit to the board any questionable application. The bureau chief or designee shall sign vouchers for payment of board obligations.193B—1.2(544A,17A) Office of the board. The mailing address of the board shall be: Iowa Architectural Examining Board, 200 E. Grand Avenue, Suite 350, Des Moines, Iowa 50309.193B—1.3(544A,17A) Meetings. Calls for meetings shall be issued in accordance with Iowa Code section 21.4. The annual meeting of the board shall be the first meeting scheduled after April 30. At this meeting, the president, vice presidentchairperson and secretaryvice chairperson shall be elected to serve until their successors are elected.The newly elected officers shall assume the duties of their respective offices at the conclusion of the meeting at which they are elected. Officers shall serve no more than three consecutive one-year terms in each office to which they are elected. Special meetings may be called by the presidentchairperson or board administrator, who shall set the time and place of the meeting.193B—1.4(544A,17A) Certificates. Certificates issued to successful applicants shall contain the licensee’s name,and state license number and the signatures of the board president, vice president and secretary. All licenses are renewable biennially on July 1, with licensees whose last names begin with the letters A-K renewing in even-numbered years and licensees whose last names begin with the letters L-Z renewing in odd-numbered years as provided in rule 193B—2.5(17A,272C,544A).The board shall maintain an electronic roster of those holders of certificates of licensure who have failed to renew. The certificate of licensure may be reinstated in accordaccordance with rule 193B—2.4(544A,17A)193B—2.6(544A,17A).193B—1.5(544A,17A) Definitions. Rescinded IAB 10/3/01, effective 11/7/01. These rules are intended to implement Iowa Code sections 544A.5, 544A.8 to 544A.10, and 272C.4. ITEM 2. Amend rule 193B—2.1(544A,17A), definitions of “Architectural intern,” “NCARB Architect Registration Examination (ARE) Guidelines,” “NCARB Architectural Experience Program Guidelines,” and “NCARB Certification Guidelines,” as follows: "Architectural intern" means an individual who holds a professional degree from a NAAB-accredited program, has completed or is currently enrolled in the NCARB Architectural Experience Program (AXP), formerly known as the Intern Development Program (IDP), and intends to actively pursue licensure by completing the Architect Registration Examination. "NCARB Architect Registration Examination (ARE) Guidelines" means the most current edition of a document by the same title published by the National Council of Architectural Registration Boards. The document outlines the requirements for examination and is available through the National Council of Architectural Registration Boards, 1801 K Street NW, Suite 1100, Washington, D.C. 200061401 H Street NW, Suite 500, Washington, DC 20005; NCARB’s Web sitewebsite,www.ncarb.org; or the architectural examining board. "NCARB Architectural Experience Program Guidelines," formerly known as the IDP Guidelines, means the most current edition of a document by the same title published by the National Council of Architectural Registration Boards. The document outlines the requirements for training and is available through the National Council of Architectural Registration Boards, 1801 K Street NW, Suite 1100, Washington, D.C. 200061401 H Street NW, Suite 500, Washington, DC 20005; NCARB’s Web sitewebsite,www.ncarb.org; or the architectural examining board. "NCARB Certification Guidelines" means the most current edition of a document by the same title published by the National Council of Architectural Registration Boards. The document outlines the requirements for licensure as an architect and is available through the National Council of Architectural Registration Boards, 1801 K Street NW, Suite 1100, Washington, D.C. 200061401 H Street NW, Suite 500, Washington, DC 20005; NCARB’s Web sitewebsite,www.ncarb.org; or the architectural examining board. ITEM 3. Rescind subrule 2.3(4). ITEM 4. Renumber subrules 2.3(5) and 2.3(6) as 2.3(4) and 2.3(5). ITEM 5. Amend subrule 2.5(1) as follows: 2.5(1) Active status. Certificates of licensure expire biennially on June 30. In order to maintain authorization to practice in Iowa, a licensee is required to renew the certificate of licensure prior to the expiration dateJune 1 of the year of expiration. However, the board will accept an otherwise sufficient renewal application that is untimely if the board receives the application and late fee within 30 days prior to the date of expiration. A licensee who fails to renew by the expiration date is not authorized to practice architecture in Iowa until the certificate is reinstated as provided in rule 193B—2.6(544A,17A). a. A licensee whose last name begins with the letter A through K shall renew in even-numbered years, and a licensee whose last name begins with the letter L through Z shall renew in odd-numbered years.However, a license issued on or after May 1 but before June 30 will not expire until June 30 of the next renewal. For example, a license issued on May 17, 2020, would not expire until June 30, 2022. b. It is the policy of the board to send to each licensee a notice of the pending expiration date at the licensee’s last-known address approximately one month prior to the date the certificate of licensure is scheduled to expire. The notice, when provided, may be by e-mail communication or in the quarterly newsletter. Failure to receive this notice does not relieve the licensee of the responsibility to timely renew the certificate and pay the renewal fee. A licensee should contact the board office if the licensee does not receive a renewal notice prior to the date of expiration. c. Upon the board’s receipt of a timely and sufficient renewal application as provided in 193—subrule 7.40(3), the board’s administrator shall issue a new certificate of licensure reflecting the next expiration date, unless grounds exist for denial of the application. However, the board will accept an otherwise sufficient renewal application that is untimely if the board receives the application and late fee within 30 days of the date of expiration. d. If grounds exist to deny a timely and sufficient application to renew, the board shall send written notification to the applicant by restricted certified mail, return receipt requested. Grounds may exist to deny an application to renew if, for instance, the licensee failed to satisfy the continuing education as required as a condition for licensure. If the basis for denial is pending disciplinary action or disciplinary investigation which is reasonably expected to culminate in disciplinary action, the board shall proceed as provided in 193—Chapter 7. If the basis for denial is not related to a pending or imminent disciplinary action, the applicant may contest the board’s decision as provided in 193—subrule 7.40(1). e. When a licensee appears to be in violation of mandatory continuing education requirements, the board may, in lieu of proceeding to a contested case hearing on the denial of a renewal application as provided in rule 193—7.40(546,272C),and after or in lieu of giving the licensee an opportunity to come into compliance under 193B—subrule 3.3(3), offer a licensee the opportunity to sign a consent order. While the terms of the consent order will be tailored to the specific circumstances at issue, the consent order will typically impose a penalty between $50 and $250, depending on the severity of the violation; establish deadlines for compliance; and require that the licensee complete hours equal to double the deficiency in addition to the required hours; and may impose additional educational requirements on the licensee. Any additional hours completed in compliance with the consent order cannot again be claimed at the next renewal. The board will address subsequent offenses on a case-by-case basis. A licensee is free to accept or reject the offer. If the offer of settlement is accepted, the licensee will be issued a renewed certificate of licensure and will be subject to disciplinary action if the terms of the consent order are not complied with. If the offer of settlement is rejected, the matter will be set for hearing, if timely requested by the applicant pursuant to 193—subrule 7.40(1). f. The board may notify a licensee whose certificate of licensure has expired. The failure of the board to provide this courtesy notification or the failure of the licensee to receive the notification shall not extend the date of expiration. g. A licensee who continues to practice architecture in Iowa after the license has expired shall be subject to disciplinary action. Such unauthorized activity may also be grounds to deny a licensee’s application for reinstatement. ITEM 6. Amend paragraph 2.5(2)"b" as follows: b. Renewal.A person licensed as inactive may renew the person’s certificate of licensure on the biennial schedule described in 193B—2.5(17A,272C,544A)this rule. This person shall be exempt from the continuing education requirements and will be charged a reduced renewal fee as provided in 193B—2.9(544A,17A)193B—2.10(544A,17A). An inactive certificate of licensure shall lapse if not timely renewed. However, the board will accept an otherwise sufficient renewal application that is untimely if the board receives the application and late fee within 30 days of the date ofprior to expiration. ITEM 7. Amend subrule 2.6(4) as follows: 2.6(4) Submit documented evidence of completion of 24 continuing education hours, which should have been reported on the June 30 renewal date on which the applicant failed to renew, and 12 continuing education hours for each year or portion of a year of expired licensure up to a maximum of 48 continuing education hours. All continuing education hours must be completed in health, safety, and welfare subjects acquired in structured educational activities and be in compliance with requirements in 193B—Chapter 3.The hours reported shall not have been earned more than four years prior to the date of the application to reinstate to active status. The continuing education hours used for reinstatement may not be used again at the next renewal. Out-of-state residents may submit a statement from their resident state’s licensing board as documented evidence of compliance with their resident state’s mandatory continuing education requirements during the period in which the individual was unlicensed. The statement shall bear the seal of the licensing board. Out-of-state residents whose resident state has no mandatory continuing education shall comply with the documented evidence requirements outlined in this subrule. ITEM 8. Amend rule 193B—2.7(544A) as follows:193B—2.7(544A) Reinstatement from inactive status or retired status to active status. 2.7(1) An individual may reinstate an inactive license to an active license as follows: a. Pay one-half of the current active license fee. b. Submit documented evidence of completion of 24 continuing education hours in compliance with requirements in 193B—Chapter 3. All continuing education hours must be completed in health, safety, and welfare subjects acquired in structured educational activities. The hours used to reinstate to active status cannot again be used to renew. (1) At the first biennial renewal date of July 1 that is less than 12 months from the date of the filing of the application to restore the certificate of licensure to active status, the person shall not be required to report continuing education hours. (2) At the first biennial renewal date of July 1 that is more than 12 monthsor more, but less than 24 months, from the date of the filing of the application to restore the certificate of licensure to active status, the person shall report 12 hours of previously unreported continuing education hours. c. Provide a written statement in which the applicant affirms that the applicant has not engaged in any of the practices in Iowa that are listed in Iowa Code section 544A.16 during the period of inactive licensure. 2.7(2) An individual may reinstate a retired license to an active license as follows: a. Pay the current active license fee. If the individual is reinstating to active status at a date that is less than 12 months from the next biennial renewal date, one-half of the current active license fee shall be paid. b. Submit documented evidence of completion of 24 continuing education hours in compliance with requirements in 193B—Chapter 3. All continuing education hours must be completed in health, safety, and welfare subjects acquired in structured educational activities. The hours used to reinstate to active status cannot again be used to renew. (1) At the first biennial renewal date of July 1 that is less than 12 months from the date of the filing of the application to restore the certificate of licensure to active status, the person shall not be required to report continuing education hours. (2) At the first biennial renewal date of July 1 that is more than 12 monthsor more, but less than 24 months, from the date of the filing of the application to restore the certificate of licensure to active status, the person shall report 12 hours of previously unreported continuing education hours. c. Provide a written statement in which the applicant affirms that the applicant has not engaged in any of the practices in Iowa that are listed in Iowa Code section 544A.16 during the period of retired licensure. 2.7(3) An individual shall not be allowed to reinstate to inactive status from retired status. ITEM 9. Renumber rule 193B—2.9(544A,17A) as 193B—2.10(544A,17A). ITEM 10. Adopt the following new rule 193B—2.9(544A,272C):193B—2.9(544A,272C) Responsibility for accuracy of applications. The architect is responsible for verifying the accuracy of the information submitted on an application regardless of how the application is submitted or by whom it is submitted. For instance, if the office manager of an architect’s firm submits an application for renewal on behalf of the architect and that information is incorrect, the architect will be held responsible for the information and may be subject to disciplinary action. ITEM 11. Amend renumbered rule 193B—2.10(544A,17A) as follows:193B—2.10(544A,17A) Fee schedule. Under the authority provided in Iowa Code chapter 544A, the following fees are hereby adopted:Examination fees: Fees for examination subjects shall be paid directly to the testing service selected by NCARBInitial license fee$ 50 (plus $5 per month until renewal)Reciprocal application and license fee$200Biennial renewal fee$200Biennial renewal fee (inactive)$100Retired statusNoneReinstatement of lapsed individual license$100 + renewal fee + $25 per month or partial month of expired licenseReinstatement of inactive individual license$100Reinstatement of retired individual license$200Duplicate wall certificate fee$ 50Late renewal fee$ 25 (for renewals postmarked on or after JulyJune 1 and before JulyJune 30)License predetermination fee$ 25All fees are nonrefundable. ITEM 12. Amend rule 193B—3.3(544A,272C) as follows:193B—3.3(544A,272C) Basic requirements. 3.3(1) To renew licensure, an architect must, in addition to meeting all other requirements, complete a minimum of 24 CEHs for each 24-month period since the architect’s last renewal of initial licensure or be exempt from these continuing education requirements as provided in rule 193B—3.5(544A,272C). Failure to comply with these requirements may result in nonrenewal of the architect’s license. 3.3(2) All 24 CEHs must be completed in health, safety, and welfare subjects acquired in structured educational activities. CEHs may be acquired at any location. Excess CEHs cannot be credited to the next renewal. 3.3(3) An architect shall complete and submit forms as required by the board certifying that the architect has completed the required CEHs. Forms may be audited by the board for verification of compliance with these requirements. Documentation of reported CEHs shall be maintained by the architect for two years after the period for which the form was submitted.Any discrepancy between the number of CEHs reported and the number of CEHs actually supported by documentation may result in a disciplinary review. If, after the disciplinary review, the board disallows any CEHs, or the licensee has failed to complete the required CEHs, the architect shall have 60 days fromnotification of the boardnotice of such disallowance to either provide further evidence of having completed the CEHs disallowed or remedy the disallowance by completing the required number of CEHs (provided that such CEHs shall not again be used for the next renewal).An extension of time may be granted on an individual basis and must be requested by the licensee within 30 days of notification by the board. If the licensee fails to comply with the requirements of this subrule, the licensee may be subject to disciplinary action. If the board finds, after proper notice and hearing, that the architect willfully disregarded these requirements or falsified documentation of required CEHs, the architect may be subject to disciplinary action. 3.3(4) An architect who holds licensure in Iowa for less than 12 months from the date of initial licensure or who is reinstating to active status shall not be required to report CEHs at the first license renewal. An architect who holds licensure in Iowa for more than 12 monthsor more, but less than 23 months from the date of initial licensure or who is reinstating to active status, shall be required to report 12 CEHs earned in the preceding 12 months at the first license renewal. ITEM 13. Amend subrule 4.1(6) as follows: 4.1(6) Professional conduct. a. Each office engaged in the practice of architecture shall have an architect resident regularly employed in that office having responsible charge of such workor, in the situation of work performed remotely, immediately available to furnish assistance or direction throughout the performance of the work. b. An architect shall not sign or seal drawings, specifications, reports or other professional work for which the architect does not have direct professional knowledge and direct supervisory control; provided, however, that in the case of the portions of professional work prepared by the architect’s consultants, licensed under this or another professional licensing law of this jurisdiction, the architect may sign or seal that portion of the professional work if the architect has reviewed that portion, has coordinated its preparation and intends to be responsible for its adequacy. c. An architect shall neither offer nor make any gifts to any public official with the intent of influencing the official’s judgment in connection with a project in which the architect is interested. Nothing in this rule shall prohibit an architect from providing architectural services as a charitable contribution. d. An architect shall not engage in conduct involving fraud or wanton disregard of the rights of others. e. Architects shall adhere to the appropriate standards of conduct as outlined in the NCARB Model Rules of Conduct, dated July 2018, incorporated herein by reference. ITEM 14. Amend rule 193B—6.2(544A,272C) as follows:193B—6.2(544A,272C) Investigation of complaints. The board shall, upon receipt of a complaint in writing, or may, upon its own motion, pursuant to other evidence received by the board, review and investigate alleged acts or omissions which the board reasonably believes constitute cause under applicable law or administrative rules. In order to determine if probable cause exists for a hearing on a complaint, the investigators designated by the presidentchairperson shall cause an investigation to be made into the allegations of the complaint. If the board determines that the complaint does not present facts which constitute a basis for disciplinary action, the board shall take no further action. ITEM 15. Amend rule 193B—6.3(544A,272C) as follows:193B—6.3(544A,272C) Peer investigative committee. A peer investigative committee may be appointed by the presidentchairperson to investigate a complaint. The committee members will consist of one or more architects, serve at the discretion of the presidentchairperson, and shall have been licensed to practice in Iowa for at least five years. The committee will review and determine the facts of the complaint and make a report to the board in a timely manner. ITEM 16. Amend rule 193B—7.2(544A,272C) as follows:193B—7.2(544A,272C) Investigation of complaints. The board shall, upon receipt of a complaint in writing, or may, upon its own motion, pursuant to other evidence received by the board, review and investigate alleged acts which the board reasonably believes constitute cause under applicable law or administrative rules. In order to determine if probable cause exists for a hearing on a complaint, the investigators designated by the presidentchairperson shall cause an investigation to be made into the allegations of the complaint. If the board determines that the complaint does not present facts which constitute a basis for disciplinary action, the board shall take no further action.ARC 5371CDental Board[650]Notice of Intended ActionProposing rule making related to licensure and providing an opportunity for public comment
The Dental Board hereby proposes to amend Chapter 11, “Licensure to Practice Dentistry or Dental Hygiene,” Chapter 20, “Dental Assistants,” and Chapter 30, “Discipline”; to adopt new Chapter 50, “Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions”; and to amend Chapter 52, “Military Service and Veteran Reciprocity,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 147.76 and 153.33 and 2020 Iowa Acts, House File 2627.State or Federal Law Implemented This rule making implements, in whole or in part, 2020 Iowa Acts, House File 2627.Purpose and Summary The proposed amendments implement 2020 Iowa Acts, House File 2627, and provide:
- Failure to meet the requirements for license or permit as specified in these rules.
- Failure to provide accurate and truthful information, or the omission of material information.
- Pursuant to Iowa Code section 147.4, upon any of the grounds for which licensure may be revoked or suspended.
- Pursuant to 650—Chapter 50, for having a disqualifying offense.
Proposing rule making related to application and renewal process and providing an opportunity for public comment
The Engineering and Land Surveying Examining Board hereby proposes to amend Chapter 3, “Application and Renewal Process,” and Chapter 5, “Land Surveying Licensure,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 542.10 and 542B.6.State or Federal Law Implemented This rule making implements, in whole or in part, 2020 Iowa Acts, House Files 2389 and 2627. Purpose and Summary This proposed rule making creates a provision where an out-of-state-licensed land surveyor may be granted a temporary Iowa land surveyor’s license. Item 2 contains a cross-reference to rule 193—14.4(272C), regarding licensure by verification, which will be proposed in a future rule making. The proposed amendments were approved by the Board on November 12, 2020.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. It is unknown how many individuals would seek an eligibility determination due to a criminal conviction prior to applying, which determination would result in the collection by the Professional Licensing Bureau of a $25 fee to recover the associated costs as set forth in 2020 Iowa Acts, House File 2627.Jobs Impact After analysis and review of this rule making, there is a potential positive impact on jobs because individuals who may have been ineligible for licensure may be eligible for licensure under the proposed amendments.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 193—Chapter 5.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 January 21, 2021. Comments should be directed to: Robert Lampe Iowa Engineering and Land Surveying Examining Board 200 East Grand Avenue, Suite 350 Des Moines, Iowa 50309 Email: robert.lampe@iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows:January 21, 2021 10 to 11 a.m.Small Conference Room, Third Floor 200 East Grand Avenue Des Moines, Iowa Persons who wish to make oral comments at a 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 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 3.3(4) as follows: 3.3(4) Temporary permits. The board does not issue temporary permitsexcept as provided for in rule 193C—5.3(542B,272C). Based upon review by a board member, temporary permits were previously issued to applicants whose applications met all requirements and who were expected to qualify for approval by the full board at the next regularly scheduled board meeting. Since applications that meet these criteria are now routinely processed as they are completed and reviewed, temporary permits are no longer necessary. ITEM 2. Adopt the following new rule 193C—5.3(542B,272C):193C—5.3(542B,272C) Licensure by verification. In addition to the requirements of rule 193—14.4(2727C), professional land surveying candidates applying for an Iowa license by verification must pass the Iowa State Specific Land Surveying examination prior to being issued a license. The board will issue a temporary license that is valid for a period of three months to professional land surveying candidates who have not yet passed the Iowa State Specific Land Surveying examination prior to their application. The professional land surveying candidate may request one renewal of the temporary license for an additional period of three months. This rule is intended to implement Iowa Code section 272C.12.ARC 5360CInterior Design Examining Board[193G]Notice of Intended ActionProposing rule making related to retirement, waivers, and licensure and providing an opportunity for public comment
The Interior Design Examining Board hereby proposes to amend Chapter 1, “Description of Organization,” Chapter 2, “Registration,” and Chapter 3, “Continuing Education,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 544C.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 544C and 2020 Iowa Acts, House File 2627.Purpose and Summary These proposed amendments implement changes recommended and required by 2020 Iowa Acts, House File 2627, and the five-year rolling administrative rules review outlined in Iowa Code section 17A.7(2).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 193—Chapter 5. 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 January 19, 2021. Comments should be directed to: Lori SchraderBachar Interior Design Examining Board 200 East Grand Avenue, Suite 350 Des Moines, Iowa 50309 Email: lori.schraderbachar@iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: January 19, 2021 12 noon to 1 p.m. Board Office, Suite 350 200 East Grand Avenue 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 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. Adopt the following new definition of “Retired” in rule 193G—1.1(544C,17A): "Retired" means that a registered interior designer is not engaged in interior design or earning monetary compensation by providing professional services in any licensing jurisdiction of the United States or a foreign country. ITEM 2. Amend rule 193G—1.3(544C,17A), introductory paragraph, as follows:193G—1.3(544C,17A) Organization and duties. The board shall consist of seven members: five members who are interior designers registered under Iowa Code chapter 544C and two members who are not interior designers and who represent the general public. The board shall elect annually from its members a chairperson and a vice-chairperson. A quorum of the board shall be four members, and all final motions and actions must receive a quorummajority vote. The board shall enforce the provisions of Iowa Code chapter 544C and shall maintain a roster of all registered interior designers in the state. ITEM 3. Amend rule 193G—1.8(544C,17A) as follows:193G—1.8(544C,17A) Waivers and variances. 1.8(1) Persons who wish to seek waivers or variances from board rules should consult the uniform rules for the bureau at 193—Chapter 5. 1.8(2) In addition to the provisions of 193—Chapter 5, the following shall apply for interim rulings: a. The board chairperson, or the vice-chairperson if the chairperson is not available, may rule on a petition for waiver or variance when it would not be timely to wait for the next regularly scheduled board meeting for a ruling from the board. b. The board administrator, upon receipt of a petition that meets all applicable criteria established in 193—Chapter 5, shall present the request to the board chairperson or vice-chairperson along with all pertinent information regarding established precedent for granting or denying such requests. c. The chairperson or vice-chairperson shall reserve the right to hold an electronic meeting of the board, pursuant to Iowa Code section 21.8, when prior board precedent does not clearly resolve the request, input of the board is deemed required, and the practical result of waiting until the next regularly scheduled meeting would be a denial of the request due to timing issues. d. A waiver report shall be placed on the agenda of the next regularly scheduled board meeting and recorded in the minutes of the meeting. e. Subrule 1.8(2) on interim rulings does not apply if the waiver or variance was filed in a contested case. ITEM 4. Adopt the following new subrule 2.1(4): 2.1(4) Retired status. A person who held an active Iowa registration and who does not reasonably expect to return to the workforce in any capacity for which a registration is required due to bona fide retirement or disability may apply to the board for retired status and, if granted, may use the title “retired registered interior designer” in the context of non-income-producing personal activities. If the board determines an applicant is eligible, the retired status would become effective on the first scheduled registration renewal date. Applicants do not need to reinstate an expired registration to be eligible for retired status. Applicants may apply for retired status on forms provided by the board. The board will not provide a refund of biennial registration fees if an application for retired status is granted in a biennium in which the applicant has previously paid the biennial fees. Persons registered in retired status are exempt from the renewal requirement. A person whose registration as an interior designer has been placed on probation, suspended, revoked, or voluntarily surrendered in connection with a disciplinary investigation or proceeding shall not be eligible for retired status unless, upon appropriate application, the board first reinstates the registration to good standing. ITEM 5. Amend rule 193G—2.2(17A,272C,544C) as follows:193G—2.2(17A,272C,544C) Renewal of certificates of registration. Certificates of registration expire biennially on June 30. Certificates issued to registrants with last names beginning with A through K shall expire on June 30 of even-numbered years and certificates issued to registrants with last names beginning with L through Z shall expire on June 30 of odd-numbered years.However, a registration issued on or after May 1 but before June 30 will not expire until June 30 of the next renewal. For example, a license issued on May 17, 2020, would not expire until June 30, 2022. In order to maintain authorization to practice in Iowa, a registrant is required to renew the certificate of registration prior to the expiration dateJune 1 of the year of expiration. However, the board will accept an otherwise sufficient renewal application which is untimely if the board receives the application and late fee of $25 within 30 days ofprior to the date of expiration. A registrant who fails to renew by the expiration date is not authorized to use the title of registered interior designer in Iowa until the certificate is reinstated as provided in rule 193G—2.3(544C,17A). 2.2(1) It is the policy of the board to send to each registrant at the registrant’s last-known address a notice of the pending expiration date approximately one month prior to the date the certificate of registration is scheduled to expire. Failure to receive this notice does not relieve the registrant of the responsibility to timely renew the certificate and pay the renewal fee. 2.2(2) If grounds exist to deny a timely and sufficient application to renew, the board shall send written notification to the applicant by restricted certified mail, return receipt requested. Grounds may exist to deny an application to renew if, for instance, the registrant failed to satisfy the continuing education provisions required as a condition for registration. If the basis for denial is a pending disciplinary action or disciplinary investigation that is reasonably expected to culminate in disciplinary action, the board shall proceed as provided in 193—Chapter 7. If the basis for denial is not related to a pending or imminent disciplinary action, the applicant may contest the board’s decision as provided in 193—subrule 7.40(1). 2.2(3) When a registrant appears to be in violation of mandatory continuing education requirements, the board may, in lieu of proceeding to a contested case hearing on the denial of a renewal application as provided in rule 193—7.40(546,272C),and after or in lieu of giving the licensee an opportunity to come into compliance under rule 193G—3.4(17A,544C), offer a registrant the opportunity to sign a consent order. While the terms of the consent order will be tailored to the specific circumstances at issue, the consent order will typically impose a penalty between $50 and $250, depending on the severity of the violation; establish deadlines for compliance; and require that the registrant complete hours equal to double the deficiency in addition to the required hours; and may impose additional educational requirements on the registrant. Any additional hours of continuing education completed in compliance with the consent order cannot again be claimed at the next renewal. The board will address subsequent offenses on a case-by-case basis. A registrant is free to accept or reject the offer. If the offer of settlement is accepted, the registrant will be issued a renewed certificate of registration and will be subject to disciplinary action if the terms of the consent order are not fulfilled. If the offer of settlement is rejected, the matter will be set for hearing, if timely requested by the registrant pursuant to 193—subrule 7.40(1). 2.2(4) A registrant who continues to use the title of registered interior designer in Iowa after the registration has expired may be subject to disciplinary action. Such unauthorized activity may also be grounds to deny a registrant’s application for reinstatement. 2.2(5) Registrants shall notify the board within 30 days of any change of address or business. ITEM 6. Amend rule 193G—2.3(544C,17A), catchwords, as follows:193G—2.3(544C,17A) Reinstatement of certificates of registrationto active status. ITEM 7. Renumber rule 193G—2.4(544C) as 193G—2.5(544C). ITEM 8. Adopt the following new rule 193G—2.4(544C):193G—2.4(544C) Reinstatement from retired status to active status. An individual may reinstate a retired registration to an active license as follows: 2.4(1) Pay the current active registration fee. If the individual is reinstating to active status at a date that is less than 12 months from the next biennial renewal date, one-half of the current active license fee shall be paid. 2.4(2) Submit documented evidence of completion of 10 continuing education hours in compliance with requirements in 193G—Chapter 3. All continuing education hours must be completed in health, safety, and welfare subjects and acquired in structured educational activities. The hours used to reinstate to active status cannot again be used to renew. a. At the first biennial renewal date of July 1 that is less than 12 months from the date of the filing of the application to restore the certificate of registration to active status, the person shall not be required to report continuing education hours. b. At the first biennial renewal date of July 1 that is 12 months or more, but less than 24 months, from the date of the filing of the application to restore the certificate of licensure to active status, the person shall report 5 hours of previously unreported continuing education hours. ITEM 9. Amend renumbered rule 193G—2.5(544C) as follows:193G—2.5(544C) Applications. 2.5(1) The interior designer is responsible for verifying the accuracy of the information submitted on applications regardless of how the application is submitted or by whom it is submitted. For instance, if the office manager of an interior designer’s firm submits an application for renewal on behalf of the interior designer and that information is incorrect, the interior designer will be held responsible for the information and may be subject to disciplinary action. 2.5(2) Persons applying for initial, renewal, or reciprocal registration shall submit an application on a form provided by the board and shall pay a registration fee of $275. Certificates issued to registrants with last names beginning with A through K shall expire on June 30 of even-numbered years, and certificates issued to registrants with last names beginning with L through Z shall expire on June 30 of odd-numbered years. An applicant applying for initial, reciprocal, or reinstatement registration within 12 months from the applicant’s required renewal date shall pay half of the required fee. An applicant applying for initial, reciprocal, or reinstatement registration more than 12 months from the applicant’s required renewal date shall pay the full registration fee. 2.5(3) Fee schedule.Type of feeAmountInitial registration fee$275Reciprocal registration fee$275Formal wall certificate$50Renewal$275Late renewal fee$25Reinstatement of lapsed registration $100License predetermination fee$25All fees are nonrefundable. ITEM 10. Amend subrule 3.2(3) as follows: 3.2(3) A registered interior designer who holds a registration in Iowa for less than 12 months from the date of initial registration shall not be required to report continuing education at the first registration renewal. A registered interior designer who holds a registration in Iowa for more than 12 monthsor more, but less than 24 months from the date of initial registration, shall be required to report 5 contact hours of HSW subjects in a structured activity, earned in the preceding 12 months, at the first registration renewal. ITEM 11. Amend subrule 3.3(2) as follows: 3.3(2) The board willmay verify, on a random basis, information submitted by registrants. If an application for renewal is not approved, the applicant will be so notified and may be granted a period of time by the board in which to correct the deficiencies noted.Any discrepancy between the number of CEUs reported and the number of CEUs actually supported by documentation may result in a disciplinary review. If, after the disciplinary review, the board disallows any CEUs, or the registrant has failed to complete the required CEUs, the interior designer shall have 60 days from notification by the board to either provide further evidence of having completed the CEUs disallowed or remedy the discrepancy by completing the required number of CEUs (provided that such CEUs shall not again be used for the next renewal). An extension of time may be granted on an individual basis and must be requested by the registrant within 30 days of notification by the board. If the registrant fails to comply with the requirements of this subrule, the registrant may be subject to disciplinary action. If the board finds, after proper notice and hearing, that the interior designer willfully disregarded these requirements or falsified documentation of required CEUs, the interior designer may be subject to disciplinary action.ARC 5359CIowa 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 hereby proposes to amend Chapter 4, “Employers,” Chapter 5, “Employees,” 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,” Chapter 17, “Public Records and Fair Information Practices,” and Chapter 19, “Declaratory Orders,” 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 16 to 20; to implement contribution rates for employers and regular and special services members beginning July 1, 2021; to clarify and define “citizen coach” for employers; to clarify employers’ reporting requirements for terminated employees; to ensure vendors with access to personally identifiable information (PII) sign IPERS’ data-sharing agreement; to disallow funeral homes as beneficiaries; to streamline the retirement application process; to remove outdated language to better reflect modern member practice; to provide for overpayments to be collected more quickly and efficiently; to amend language to bring subrules into compliance with the Iowa Code; to update language to reflect current practice regarding open records requests, estimates of search fees, and advance payments when necessary; to provide for usernames to be added as a category of confidential record ensuring they may be withheld from public inspection; to revise language to acknowledge and reflect changes in file storage technology; to strike and replace language to be consistent with actual practice; and to align the “required beginning date” specified under IRS regulations with the provisions of the SECURE Act.Fiscal Impact IPERS’ enabling legislation requires that employer and employee contribution rates for each member class be updated every fiscal year.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 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 January 29, 2021. 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.org Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows:January 29, 2021To participate by conference call:9 a.m.Dial: 312.626.6799 Meeting ID number: 899 3701 7925Pass code: 9614219527 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 rule 495—4.2(97B) as follows:495—4.2(97B) Records to be kept by the employer. 4.2(1) General. Each employer shall maintain records to show the information hereinafter indicated. Records shall be kept in the form and manner prescribed by IPERS. Records shall be open to inspection and may be copied by IPERS and its authorized representatives at any reasonable time. 4.2(2) Required information. Records shall show with respect to each employee: a. Employee’s name, address, gender, and social security account number, and other demographic information that may be required; b. Each date the employee was paid wages or other wage equivalent (e.g., room, board); c. Total amount of wages paid on each date including noncash wage equivalents; d. Total amount of wages including wage equivalents on which IPERS contributions are payable; e. Amount withheld from wages or wage equivalents for the employee’s share of IPERS contributions; and f. Effective January 1, 1995, records will show, with respect to each employee, member contributions picked up by the employer. 4.2(3) Reports. a. Each employer shall make reports as IPERS may require and shall comply with the instructions provided by IPERS for the reports. b. Effective July 1, 19912021, employers mustshall reportthe termination date and date of final paycheck for all terminating employees to IPERS within seven working days following the employee’s termination datewith the final wage report for such employee. This report shall contain the employee’s last-known mailing address and such other information as IPERS might require. c. The Iowa department of administrative services and the Iowa department of corrections shall notify IPERS prior to adding additional job classifications to the protection occupation class. The notification shall include the effective date, names and social security numbers of the employees involved. 4.2(4) Fees. IPERS may assess to the employer a fee for administrative costs as described in subrule 4.3(6). ITEM 2. Amend rule 495—4.6(97B) as follows:495—4.6(97B) Contribution rates. The following contribution rate schedule, payable on the covered wage of the member, is determined by the position or classification and the occupation class code of the member. 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, 2016Effective July 1, 2017Effective July 1, 2018Effective July 1, 2019Effective July 1, 2020Effective July 1, 2021Combined rate14.88%14.88%15.73%15.73%15.73%15.73% Employer8.93%8.93%9.44%9.44%9.44%9.44% Employee5.95%5.95%6.29%6.29%6.29%6.29% 4.6(2) Contribution rates for sheriffs and deputy sheriffs are as follows.Effective July 1, 2016Effective July 1, 2017Effective July 1, 2018Effective July 1, 2019Effective July 1, 2020Effective July 1, 2021Combined rate19.26%18.76%19.52%19.02%18.52%18.02% Employer9.63%9.38%9.76%9.51%9.26%9.01% Employee9.63%9.38%9.76%9.51%9.26%9.01% 4.6(3) Contribution rates for protection occupations are as follows.Effective July 1, 2016Effective July 1, 2017Effective July 1, 2018 Effective July 1, 2019Effective July 1, 2020Effective July 1, 2021Combined rate16.40%16.40%17.02%16.52%16.02%15.52% Employer9.84%9.84%10.21%9.91%9.61%9.31% Employee6.56%6.56%6.81%6.61%6.41%6.21% 4.6(4) Members employed in a “protection occupation” shall include: a. Conservation peace officers. Effective July 1, 2002, all conservation peace officers, state and county, as described in Iowa Code sections 350.5 and 456A.13. b. Effective July 1, 1994, a marshal in a city not covered under Iowa Code chapter 400 or a firefighter or police officer of a city not participating under Iowa Code chapter 410 or 411. (See employee classifications in rule 495—5.1(97B).) Effective January 1, 1995, part-time police officers shall be included. c. Correctional officers as provided for in Iowa Code section 97B.49B. Employees who, prior to December 22, 1989, were in a “correctional officer” position but whose position is found to no longer meet this definition on or after that date shall retain coverage, but only for as long as the employee is in that position or another “correctional officer” position that meets this definition. Movement to a position that does not meet this definition shall cancel “protection occupation” coverage. d. Airport firefighters employed by the military division of the department of public defense (airport firefighters). Effective July 1, 2004, airport firefighters become part of and shall make the same contributions as the other members covered under Iowa Code section 97B.49B. From July 1, 1994, through June 30, 2004, airport firefighters were grouped with and made the same contributions as sheriffs and deputy sheriffs. From July 1, 1988, through June 30, 1994, airport firefighters were grouped with and made the same contributions as the other members covered under Iowa Code section 97B.49B. From July 1, 1986, through June 30, 1988, airport firefighters were a separate protection occupation group and made contributions at a rate calculated for members of that group. Prior to July 1, 1986, airport firefighters were grouped with regular members and made the same contributions as regular members.Notwithstanding the foregoing, all airport firefighter service prior to July 1, 2004, shall be coded by IPERS as sheriff/deputy sheriff/airport firefighter service, and all airport firefighter service after June 30, 2004, shall be coded by IPERS as protection occupation service. This coding, however, shall not supersede provisions of this title that require members to make contributions at higher rates in order to receive certain benefits, such as in the hybrid formula pursuant to 495—12.4(97B). e. Airport safety officers employed under Iowa Code chapter 400 by an airport commission in a city with a population of 100,000 or more, and employees covered by the Iowa Code chapter 8A merit system whose primary duties are providing airport security and who carry or are licensed to carry firearms while performing those duties. f. Effective July 1, 1990, an employee of the state department of transportation who is designated as a “peace officer” by resolution under Iowa Code section 321.477. g. Effective July 1, 1992, a fire prevention inspector peace officer employed by the department of public safety. Effective July 1, 1994, a fire prevention inspector peace officer employed before that date who does not elect coverage under Iowa Code chapter 97A in lieu of IPERS. h. Effective July 1, 1994, through June 30, 1998, a parole officer III with a judicial district department of correctional services. i. Effective July 1, 1994, through June 30, 1998, a probation officer III with a judicial district department of correctional services. j. Effective July 1, 2008, county jailers and detention officers working as jailers. k. Effective July 1, 2008, National Guard installation security officers. l. Effective July 1, 2008, emergency medical care providers. m. Effective July 1, 2008, special investigators who are employed by county attorneys. n. Effective July 1, 2014, an employee of the insurance division of the department of commerce who as a condition of employment is required to be certified by the Iowa law enforcement academy and who is required to perform the duties of a peace officer as provided in Iowa Code section 507E.8. o. Effective July 1, 2014, an employee of a judicial district department of correctional services whose condition of employment requires the employee to be certified by the Iowa law enforcement academy and who is required to perform the duties of a parole officer as provided in Iowa Code section 906.2. p. Effective July 1, 2016, a peace officer employed by an institution under the control of the state board of regents whose position requires law enforcement certification pursuant to Iowa Code section 262.13. q. Effective July 1, 2016, a person employed by the department of human services as a psychiatric security specialist at a civil commitment unit for sexually violent offenders facility. 4.6(5) Service reclassification. a. Prior to July 1, 2006, except as otherwise indicated in the implementing legislation or these rules, for a member whose prior regular service position is reclassified by the legislature as a special service position, all prior service by the member in such regular service position shall be coded by IPERS staff as special service if certified by the employer as constituting special service under current law. No additional contributions shall be required by regular service reclassified as special service under this paragraph. b. Effective July 1, 2006, for a member whose prior regular service position is reclassified by the legislature as a special service position, all prior service by the member in such regular service position shall continue to be coded by IPERS staff as regular service unless the legislature specifically provides in its legislation for payment of the related actuarial costs of such reclassified service as required under Iowa Code section 97B.65. 4.6(6) Effective July 1, 2006, in the determination of a sheriff’s or deputy sheriff’s eligibility for benefits and the amount of such benefits under Iowa Code section 97B.49C, all protection occupation service credits for that member shall count toward the total years of eligible service as a sheriff or deputy sheriff. However, this subrule shall not be construed to alter the statutory requirement that a sheriff or deputy sheriff must be employed as a sheriff or deputy sheriff at termination of covered employment in order to qualify for benefits under Iowa Code section 97B.49C. 4.6(7) Pretax. a. Effective January 1, 1995, employers must pay member contributions on a pretax basis for federal income tax purposes only. Such contributions are considered employer contributions for federal income tax purposes and employee contributions for all other purposes. Employers must reduce the member’s salary reportable for federal income tax purposes by the amount of the member’s contribution. b. Salaries reportable for purposes other than federal income tax will not be reduced, including for IPERS, FICA, and, through December 31, 1998, state income tax purposes. c. Effective January 1, 1999, employers must pay member contributions on a pretax basis for both federal and state income tax purposes. ITEM 3. Adopt the following new subrule 5.2(51): 5.2(51) A citizen coach is an employee (permanent or temporary) who works for a school district in only a coaching capacity. An employer may provide a citizen coach with IPERS coverage immediately. If the employer chooses not to, then the following determination of IPERS coverage is needed: a. If the citizen coach is expected to fill the position each season and cannot be unseated by another district employee, then the district and citizen coach have established a permanent relationship and IPERS coverage should begin once that citizen coach returns to coach a second season. b. If there is no expectation of continued employment beyond the first season for the citizen coach, or if the citizen coach can be unseated by another district employee, then a temporary relationship exists and the citizen coach shall only be covered if the citizen coach meets the requirements of subrule 5.2(13). ITEM 4. Amend subrule 11.1(1) as follows: 11.1(1) Form used. It is the responsibility of the member to notify IPERS of the intention to retire. This should be done 60 days before the expected retirement date. The application for monthly retirement benefits is obtainable from IPERS, 7401 Register Drive, P.O. Box 9117, Des Moines, Iowa 50306-9117. The printed application form shall be completed by each member applying for benefits and shall be mailed, sent by fax or brought in person to IPERS. An application that is incomplete or incorrectly completed will be returned to the member. To be considered complete, an application must include the following: a. Proof of date of birth for the member. b. Option selected, and (1) If Option 1 is selected, the death benefit amount. (2) If Option 4 or 6 is selected, the contingent annuitant’s name, social security number, proof of date of birth, and relationship to member. The member must designate the survivor benefit percentage, which shall be limited to one of the following:- One hundred percent of the member’s benefit amount.
- Seventy-five percent of the member’s benefit amount.
- Fifty percent of the member’s benefit amount.
- Twenty-five percent of the member’s benefit amount.
Proposing rule making related to appointment of the executive director and providing an opportunity for public comment
The Board of Medicine hereby proposes to amend Chapter 1, “Administrative and Regulatory Authority,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed 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 135.11B.Purpose and Summary During the 2019 Legislative Session, the General Assembly passed 2019 Iowa Acts, House File 766, section 59 (now codified as Iowa Code section 135.11B), which provides that the Executive Director of the Board of Medicine shall be appointed by the Director of the Department of Public Health. This Notice proposes to amend subrules 1.3(5) and 1.3(6) to reflect this change.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 653—Chapter 3. 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 Board no later than 4:30 p.m. on January 21, 2021. Comments should be directed to: Joseph Fraioli Iowa Board of Medicine 400 SW Eighth Street, Suite C Des Moines, Iowa 50309 Phone: 515.281.3614 Email: joseph.fraioli@iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held via Google Meet at the link below. Participants may also call in via phone at the following phone number: (US) +1 971.801.0248. When prompted, enter PIN: 443 922 280#. Please mute your phones or microphones upon entering the meeting. January 20, 2021 2 to 3 p.m. Google Meet meet.google.com/xwz-winy-fyw 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 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 rule 653—1.3(17A) as follows:653—1.3(17A) Organization of board. The board: 1.3(1) Makes policy relative to matters involving medical and acupuncture education, licensure, practice, and discipline. 1.3(2) Conducts business according to board-approved policy. 1.3(3) Elects a chairperson, vice chairperson and a secretary from its membership at the last regular board meeting prior to May 1 or at another date in April scheduled by the board. 1.3(4) A majority of the members of the board shall constitute a quorum. Official action, including filing of formal charges or imposition of discipline, requires a majority vote of members present. 1.3(5) Has the authority to: a. Administer the statutes and rules relating to the practice of medicine and surgery, osteopathic medicine and surgery, and the practice of acupuncture by acupuncturists, and the practice of genetic counseling by genetic counselors. b. Review or investigate, upon receipt of a complaint or upon its own initiation, based upon information or evidence received, alleged violations of statutes or rules which relate to the practice of medicine and surgery, osteopathic medicine and surgery, and the practice of acupuncture by licensed acupuncturists, and the practice of genetic counseling by licensed genetic counselors. c. Determine in any case whether an investigation or a disciplinary action is warranted. d. Initiate and prosecute disciplinary proceedings. e. Impose licensee discipline. f. Request that the attorney general file appropriate court action for enforcement of the board’s authority relating to licensees or other persons who are charged with violating statutes or rules the board administers or enforces. g. Establish and register peer reviewers. h. Refer to one or more registered peer reviewers for investigation, review, and report to the board any complaint or other evidence of an act or omission which the board has reasonable grounds to believe may constitute cause for licensee discipline. However, the referral of any matter shall not relieve the board of any of its duties and shall not divest the board of any authority or jurisdiction. i. Determine eligibility for license renewal and administer the renewal of licenses. j. Establish and administer rules for continuing education and mandatory training requirements as a condition of license renewal. k. Establish fees for examination, fees for the issuance of licenses and fees for other services provided by the board with the intention of producing sufficient revenue to cover the expenses involved with operation of the board and the board office. l. Establish committees of the board, the members of which, except for the executive committee, shall be appointed by the board chairperson and shall not constitute a quorum of the board. The board chairperson shall appoint committee chairpersons. Committees of the board may include: (1) Executive committee. The membership shall be composed of the elected officers of the board and two at-large members appointed by the chairperson. At least one public member shall be appointed to the executive committee. The executive committee duties may include, but are not limited to:Proposing rule making related to waivers and providing an opportunity for public comment
The Board of Medicine hereby proposes to amend Chapter 3, “Waivers and Variances,” Chapter 8, “Fees,” Chapter 9, “Permanent and Administrative Medicine Physician Licensure,” Chapter 10, “Resident, Special and Temporary Physician Licensure,” Chapter 11, “Continuing Education and Training Requirements,” Chapter 13, “Standards of Practice and Principles of Medical Ethics,” Chapter 17, “Licensure of Acupuncturists,” Chapter 19, “Prescribing Psychologists,” Chapter 20, “Licensure of Genetic Counselors,” Chapter 21, “Physician Supervision of a Physician Assistant,” and Chapter 23, “Grounds for Discipline,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 272C.3.State or Federal Law Implemented This rule making implements, in whole or in part, 2020 Iowa Acts, House File 2389.Purpose and Summary 2020 Iowa Acts, House File 2389, amends Iowa Code chapter 17A to remove the term “variance” and requires that agencies’ rules about waiver procedures refer only to waivers. This proposed rule making reflects the changes required by 2020 Iowa Acts, House File 2389, by removing the word “variance” from the Board of Medicine’s rules.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 653—Chapter 3.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 Board no later than 4:30 p.m. on January 21, 2021. Comments should be directed to: Joseph Fraioli Iowa Board of Medicine 400 SW Eighth Street, Suite C Des Moines, Iowa 50309 Phone: 515.281.3614 Email: joseph.fraioli@iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held via Google Meet at the link below. Participants may also call in via phone at the following phone number: (US) +1 971.801.0248. When prompted, enter PIN: 443 922 280#. Please mute your phones or microphones upon entering the meeting. January 20, 2021 1 to 2 p.m. meet.google.com/xwz-winy-fyw Google Meet Location 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 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 653—Chapter 3, title, as follows:WAIVERS AND VARIANCES ITEM 2. Amend rule 653—3.1(17A,147,148) as follows:653—3.1(17A,147,148) Definition. For purposes of this chapter, a “waiver or variance” means an action by the board which suspends, in whole or in part, the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person. For simplicity, the term “waiver” shall include both a “waiver” and a “variance.” ITEM 3. Amend rule 653—3.4(17A,147,148), introductory paragraph, as follows:653—3.4(17A,147,148) Criteria for waiver or variance. In response to a petition completed pursuant to rule 3.6(17A,147,148)653—3.6(17A,147,148), the board may, in its sole discretion, issue an order waiving, in whole or in part, the requirements of a rule if the board finds, based on clear and convincing evidence, all of the following: ITEM 4. Amend rule 653—3.17(17A,147,148) as follows:653—3.17(17A,147,148) Sample petition for waiver. A petition for waiver filed in accordance with this chapter must meet the requirements specified herein and must substantially conform to the following form:BEFORE THE BOARD OF MEDICINE Petition by (name of petitioner)for the waiver/variance of (insert rule citation)relating to (insert the subject matter). } PETITION FORWAIVER/VARIANCE- Provide the name, address, and telephone number of the petitioner (person asking for a waiver or variance). Also, the name, address, and telephone number of the petitioner’s legal representative, if applicable, and a statement indicating the person to whom communications concerning the petition should be directed.
- Describe and cite the specific rule from which a waiver is requested.
- Describe the specific waiver requested, including the precise scope and time period for which the waiver will extend.
- Explain the relevant facts and reasons that the petitioner believes justify a waiver. Include in your answer all of the following:a. Why applying the rule would result in undue hardship to the petitioner;b. Why waiving the rule would not prejudice the substantial legal rights of any person;c. Whether the provisions of the rule subject to the waiver are specifically mandated by statute or another provision of law; andd. How substantially equal protection of public health, safety, and welfare will be afforded by a means other than that prescribed in the particular rule for which the waiver is requested.
- Provide a history of any prior contacts between the board and petitioner relating to the regulated activity or license that would be affected by the waiver. Include a description of each affected license held by the petitioner, any formal charges filed, any notices of violation, any contested case hearings held, or any investigations related to the regulated activity, license, registration, certification, or permit.
- Provide information known to the petitioner regarding the board’s action in similar cases.
- Provide the name, address, and telephone number of any public agency or political subdivision that also regulates the activity in question, or that might be affected by the grant of the petition.
- Provide the name, address, and telephone number of any person or entity that would be adversely affected by the grant of the waiver or variance.
- Provide the name, address, and telephone number of any person with knowledge of the relevant facts relating to the proposed waiver.
- Provide signed releases of information authorizing persons with knowledge regarding the request to furnish the board with information relevant to the waiver.
Proposing rule making related to Iowa prescription monitoring program and providing an opportunity for public comment
The Board of Pharmacy hereby proposes to amend Chapter 37, “Iowa Prescription Monitoring Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 124.554.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 124.551, 124.553 and 124.554 as amended by 2020 Iowa Acts, Senate File 2120.Purpose and Summary The proposed amendments implement changes made to the Iowa Code during the 2020 Legislative Session, including the reporting of Schedule V controlled substances to the database and veterinarian access to program data, and revise the definition of “health care professional.”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. 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 January 19, 2021. Comments should be directed to: Sue Mears Board of Pharmacy 400 S.W. 8th Street, Suite E Des Moines, Iowa 50309 Email: sue.mears@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. Amend rule 657—37.2(124), definitions of “Controlled substance,” “Health care professional” and “Reportable prescription,” as follows: "Controlled substance" means a drug in Schedules II through IVV set forth in Iowa Code chapter 124, division II. "Health care professional" means a person who, by education, training, certification,registration, or licensure, is qualified to provide and is engaged in providing health care to patients. “Health care professional” does not include clerical or administrative staff. A health care professional shall be licensed, registered, certified, or otherwise credentialed in a manner that permits verificationand regulation of the health care professional’s credentials. "Reportable prescription" means the record of a controlled substance administered or dispensed by a practitioner and the record of an opioid antagonist dispensed by a practitioner or administered by a first responder. “Reportable prescription” shall not include records identified in subrule 37.7(1). “Reportable prescription” shall include, but not be limited to:- The dispensing of a controlled substance to an emergency department patient;
- The administration of a controlled substance to a patient at the discretion of the treating practitioner;
- The administration or dispensing of an opioid antagonist to an emergency department patient;
- The dispensing of a controlled substance sample; and
- The dispensing of a controlled substance or opioid antagonist to a patient upon discharge from a hospital or care facility.; and
- The dispensing of a Schedule V controlled substance without a prescription pursuant to rule 657—10.33(124,155A).
Proposing rule making related to temporary designation of controlled substances and providing an opportunity for public comment
The Board of Pharmacy hereby proposes to amend Chapter 10, “Controlled Substances,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 124.201.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 124.201.Purpose and Summary The proposed amendments temporarily add two substances (both Food and Drug Administration-approved prescription drugs) to the Iowa Controlled Substances Act in response to similar scheduling action taken by the federal Drug Enforcement Administration (DEA).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. 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 January 19, 2021. Comments should be directed to: Sue Mears Board of Pharmacy 400 S.W. 8th Street, Suite E Des Moines, Iowa 50309 Email: sue.mears@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. Amend subrule 10.39(2) as follows: 10.39(2) Amend Iowa Code section 124.210(3) by adding the following new paragraphparagraphs: be. Lemborexant. bf. Remimazolam. ITEM 2. Adopt the following new subrule 10.39(6): 10.39(6) Amend Iowa Code section 124.206(3) by adding the following new paragraph: ad. Oliceridine.ARC 5367CProfessional Licensure Division[645]Notice of Intended ActionProposing rule making related to licensure and providing an opportunity for public comment
The Professional Licensure Division hereby proposes to amend Chapter 4, “Board Administrative Processes,” and Chapter 5, “Fees”; adopt new Chapter 14, “Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions,” and new Chapter 19, “License by Verification and Applicants with Work Experience”; and amend Chapter 20, “Military Service, Veteran Reciprocity, and Spouses of Active Duty Service Members,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 17A.3, 147.80 and 272C.4 and 2020 Iowa Acts, House File 2627.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 147 and 272C and 2020 Iowa Acts, House File 2627.Purpose and Summary The proposed amendments implement the provisions of 2020 Iowa Acts, House File 2627, and remove references to duplicate wallet cards to accommodate electronic renewal verification. The proposed amendments provide:
Proposing rule making related to criminal convictions and wallet cards and providing an opportunity for public comment
The Board of Physician Assistants hereby proposes to amend Chapter 326, “Licensure of Physician Assistants,” and Chapter 329, “Discipline for Physician Assistants,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 17A.3, 147.10 and 272C.4 and 2020 Iowa Acts, House File 2627.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 147.10 and 2020 Iowa Acts, House File 2627.Purpose and Summary The proposed amendments implement the provisions of 2020 Iowa Acts, House File 2627, by (1) updating the Board’s licensure rules to include a reference to a rule in the new 645—Chapter 19 (ARC 5367C, IAB 12/30/20), which implements new Iowa Code section 272C.12, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. The proposed amendments also remove references to wallet cards.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees would no longer need to pay to receive duplicate wallet cards and instead would be able to print their own renewal verification if needed. It is unknown how many applicants would continue to elect to submit paper applications, which would incur an additional cost to cover processing time, instead of using the online application system without incurring an additional cost.Jobs Impact After analysis and review of this rule making, there is a potential positive impact on jobs because individuals who may have been ineligible for licensure may be eligible for licensure as a result of this rule making.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 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 January 19, 2021. Comments should be directed to: Susan Reynolds Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: susan.reynolds@idph.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: January 19, 2021 9:30 to 10 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 actions are proposed:
ITEM 1. Adopt the following new subrule 326.4(7): 326.4(7) A person who is licensed in another jurisdiction but who is unable to satisfy the requirements of licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C). ITEM 2. Amend subrules 326.9(5) to 326.9(7) as follows: .(5) Upon receiving the information required by this rule and the required fee, board staff shall administratively issue a two-year license and shall send the licensee a wallet card by regular mail. In the event the board receives adverse information on the renewal application, the board shall issue the renewal license but may refer the adverse information for further consideration or disciplinary investigation. .(6) A person licensed to practice as a physician assistant shall keep the license certificate and wallet card(s)renewal displayed in a conspicuous public place at the primary site of practice. .(7) Late renewal. The license shall become late when the license has not been renewed by the expiration date on the wallet cardrenewal. The licensee shall be assessed a late fee as specified in 645—subrule 330.1(4)645—subrule 5.14(4). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period. ITEM 3. Rescind subrule 329.2(11) and adopt the following new subrule in lieu thereof: 329.2(11) Being convicted of an offense that directly relates to the duties and responsibilities of the profession. A conviction includes a guilty plea, including Alford and nolo contendere pleas, or a finding or verdict of guilt, even if the adjudication of guilt is deferred, withheld, or not entered. A copy of the guilty plea or order of conviction constitutes conclusive evidence of conviction. An offense directly relates to the duties and responsibilities of the profession if the actions taken in furtherance of the offense are actions customarily performed within the scope of practice of the profession or the circumstances under which the offense was committed are circumstances customary to the profession.ARC 5339CPublic Safety Department[661]Notice of Intended ActionProposing rule making related to the fire safe cigarette certification program and providing an opportunity for public comment
The State Fire Marshal Division hereby proposes to amend Chapter 61, “Reduced Ignition Propensity Cigarettes,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 101B.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 101B.Purpose and Summary The purposes of the proposed amendments to Chapter 61 are to update the process for submittal for certification and recertification and to provide updated contact information for the program.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 Pursuant to the provisions of rule 661—10.222(17A), the Department does not have authority to waive requirements established by statute. 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 provisions of rule 661—10.222(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 January 19, 2021. Comments should be directed to: Sarah Jennings Department of Public Safety Oran Pape State Office Building 215 East 7th Street Des Moines, Iowa 50319 Phone: 515.725.6185 Email: jennings@dps.state.ia.us Public 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 661—Chapter 61, title, as follows:REDUCED IGNITION PROPENSITY CIGARETTESFIRE SAFE CIGARETTE CERTIFICATION PROGRAM ITEM 2. Rescind rule 661—61.2(101B). ITEM 3. Renumber rule 661—61.1(101B) as 661—61.2(101B). ITEM 4. Adopt the following new rule 661—61.1(101B):661—61.1(101B) Certification program established. A fire safe cigarette certification program is hereby established in the state fire marshal division. The program shall issue certifications as provided in this chapter. 61.1(1) The fire safe cigarette certification program is located at the following address:State Fire Marshal Division Attn: SFM Licensing Administration215 East 7th StreetDes Moines, Iowa 50319 61.1(2) The program may be contacted by electronic mail at sfmlicense@dps.state.ia.us or by the United States Postal Service.Note: The website for the fire safe cigarette certification program is dps.iowa.gov/divisions/state-fire-marshal/fire-safe-cigarettes. ITEM 5. Amend renumbered rule 661—61.2(101B) as follows:661—61.2(101B) Definitions. The following definitions apply to rules 661—61.1(101B) through 661—61.21(101B): "Agent" means a distributor as defined in Iowa Code section 453A.1 authorized by the department of revenue to purchase and affix stamps pursuant to Iowa Code section 453A.10. "Certified reduced ignition propensityfire safe cigarette" means a unique cigarette brand style that meets the following criteria:- The unique cigarette brand style has been tested in accordance with the test method prescribed in rule 661—61.3(101B) or has been approved pursuant to rule 661—61.4(101B).
- The unique cigarette brand style meets the performance standard specified in rule 661—61.3(101B) or has been approved pursuant to rule 661—61.4(101B).
- A written certification for the unique cigarette brand style has been filed by the manufacturer with the department and in accordance with rule 661—61.10(101B).
- Packaging for the unique cigarette brand style has been marked in accordance with rule 661—61.13(101B).
- An entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced, anywhere, which cigarettes the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer.
- The first purchaser of cigarettes anywhere, that intends to resell in the United States, cigarettes manufactured or produced anywhere, that the original manufacturer did not intend to be sold in the United States.
- An entity that becomes a successor of an entity described in numbered paragraph “1” or “2” of this definition.
- Brand or trade name.
- Style, such as light or ultra light.
- Length.
- Circumference.
- Flavor, such as menthol or chocolate, if applicable.
- Presence or absence of a filter.
- Type of package, such as soft pack or box.
Proposing rule making related to taxable and exempt sales and providing an opportunity for public comment
The Revenue Department hereby proposes to amend Chapter 18, “Taxable and Exempt Sales Determined by Method of Transaction or Usage,” 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 2020 Iowa Acts, House File 2641.Purpose and Summary Through 2020 Iowa Acts, House File 2641, the Legislature added language to an exemption from sales tax for purchases by certain government entities and instrumentalities of the government. The exemption, Iowa Code section 423.3(31), did not previously include reference to tribal governments. By function of federal law and treaties, purchases by tribal governments have always been exempt. However, the lack of reference to tribal governments in the Iowa Code created confusion for taxpayers. Thus, the Department suggested through its departmental bill that the Legislature add this reference to the exemption. Following the codification of this language, the Department reviewed its existing rule implementing the exemption. In addition to proposing new language to mention tribal governments, the Department felt the rule needed some overall reorganization to improve clarity. The Department also proposes to replace references to sales tax being due on “gross receipts” with “sales price,” and has rearranged and modified some of the examples from the prior version of this rule. These proposed changes are not intended to impact the types of purchases that are exempt or taxable for the applicable government entities or instrumentalities.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. The portion of 2020 Iowa Acts, House File 2641, being implemented by this rule making was not estimated to 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 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 January 19, 2021. 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. Rescind rule 701—18.5(422,423) and adopt the following new rule in lieu thereof:701—18.5(423) Sales to federal, state, county, municipal, or tribal government or the government’s agencies or instrumentalities. 18.5(1) Sales to government or agencies or instrumentalities. a. A sale to a government or an agency or instrumentality of government occurs only if a government or an agency or instrumentality of government pursuant to a contract for sale, takes title or ownership to tangible personal property or a specified digital product, or receives an enumerated taxable service as a buyer from a seller. b. No sale to a government or an agency or instrumentality of government occurs if a government or an agency or instrumentality of government pays some portion of the sales price of the sale of tangible personal property, a specified digital product, or a taxable service but title to and ownership of the tangible personal property or specified digital product are transferred to or a taxable service is received by another person as a result of the sale. c. Independent contractors who deal with agencies, instrumentalities, or other entities of government do not, by virtue of their contracting with those entities, acquire immunity or exemption from taxation for themselves. Sales to these contractors are still subject to tax. See rule 701—19.12(422,423) for rules concerning construction contracts with designated exempt entities. 18.5(2) Sales by or to the federal government or its agencies or instrumentalities. a. The sales price of the sale of tangible personal property, specified digital products, or enumerated taxable services made directly by or to the United States government or to recognized agencies, departments, or instrumentalities of the United States government shall not be subject to sales tax. b. The sales price of retail sales made directly to patients, inmates, or employees of an institution or department of the United States government are taxable, as the sales are not made directly to the government. However, sales similarly made by post exchanges and other establishments organized and controlled by federal authority shall not be subject to sales tax.Example 1: Patient B purchases a hospital bed from a drugstore. A percentage of Patient B’s bill is paid by federal funds from Medicaid. Because Patient B, not the federal government, purchased the hospital bed, Iowa sales tax is due.Example 2: Employee C is a federal government employee who eats at a restaurant while on government business. Employee C pays for the meal with a credit card. The credit card was issued in Employee C’s name, and the cost of the meal is billed to Employee C, who pays it. The federal government later reimburses Employee C the entire cost of the meal. Because Employee C, not the federal government, purchased the meal, Iowa sales tax is due.Example 3: Similar to Example 2, Employee D is a federal government employee who eats at a restaurant while on government business. Employee D uses a credit card to pay for the meal. However, the credit card is issued in Employee D’s name, but the cost of the meal is billed to the federal government, which pays that cost. Here, the federal government is the purchaser of the meal on Employee D’s behalf, and the sale is exempt from tax. 18.5(3) Sales to the state of Iowa or its agencies or instrumentalities. The sales price of sales to the state of Iowa or agencies, departments, or instrumentalities of the state of Iowa are not taxable when used for public purposes.Example 1: City X, an exempt instrumentality, issues a bond to finance the construction of a school. Corporation Y purchases the bond but is not involved in the project in any other way. Since City X does not enjoy the benefits of earnings of the school, the exemption provided to the city is applicable.Example 2: Corporation Z, an instrumentality of the federal government which Congress has allowed by statute to be subject to state sales and use taxes, purchases tangible personal property. These purchases are subject to tax because the profits of the corporation are distributed to the corporation’s stockholders. 18.5(4) Sales to a tribal government and its agencies or instrumentalities. The sales price of tangible personal property, specified digital products, or enumerated taxable services furnished to a tribal government as defined in Iowa Code section 216A.161, or an agency or instrumentality of tribal government, shall not be subject to tax when used for public purposes. 18.5(5) Sales by a municipal utility. a. The sales price of tangible personal property, specified digital products, or services used by or in connection with the operation of any municipally owned public utility engaged in selling gas, electricity, pay television service, or heat to the general public shall be subject to tax. b. Sewage service or solid waste collection and disposal service provided to a county or municipality on behalf of nonresidential commercial operations located within the county or municipality shall also be subject to tax. See rules 701—26.71(423) and 701—26.72(423) for more information. This rule is intended to implement Iowa Code section 423.3(31).ARC 5342CState Public Defender[493]Notice of Intended ActionProposing rule making related to waivers and indigent defense attorney contracts and providing an opportunity for public comment
The State Public Defender hereby proposes to amend Chapter 6, “Uniform Waiver and Variance Rules,” and Chapter 11, “Attorney Fee Contracts,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 13B.4(8).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 13B and 815.Purpose and Summary The purpose of the proposed amendments to Chapter 6 is to remove references to the term “variances” in places where the existing rule makes references to “waivers or variances.” The intent of the amendments is to be consistent with current Iowa Code terminology, which uses the term “waivers” to encompass both “waivers and variances.” The purpose of the proposed amendments to the attorney minimum qualification requirements in rule 493—11.3(13B) is to expand the pool of qualified contract attorneys available to accept court appointments to represent indigent persons.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 Office of the State Public Defender for a waiver of the discretionary provisions, if any, pursuant to 493—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 Office no later than 4:30 p.m. on January 19, 2021. Comments should be directed to: Kurt Swaim Office of the State Public Defender Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: kswaim@spd.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 493—Chapter 6, title, as follows:UNIFORM WAIVER AND VARIANCE RULES ITEM 2. Amend rule 493—6.1(13B,17A) as follows:493—6.1(13B,17A) Applicability. This chapter outlines a uniform process for the granting of waivers or variances from rules adopted by the state public defender. The intent of this chapter is to allow persons to seek exceptions to the application of rules issued by the state public defender. ITEM 3. Amend rules 493—6.3(13B,17A) to 493—6.7(13B,17A) as follows:493—6.3(13B,17A) Compliance with statute. The state public defender shall not grant a petition for waiver or variance from a rule unless a statute or other provision of law has delegated authority to the state public defender sufficient to justify that action and the waiver or variance is consistent with the statute or other provision of law. No waiver or variance may be granted from a requirement that is imposed by statute, unless the statute itself specifically authorizes that action. Any waiver or variance must be consistent with statute.493—6.4(13B,17A) Criteria for waiver or variance. At the sole discretion of the state public defender, the state public defender may issue an order, in response to a completed petition or on the state public defender’s own motion, granting a waiver or variance from a rule adopted by the state public defender, in whole or in part, as applied to the circumstances of a specified person or a specific and narrowly drawn class of persons if the state public defender finds based on clear and convincing evidence that:- The application of the rule to the petitioner would pose an undue hardship on the person or class of persons for whom the waiver or variance is requested;
- The waiver or variance from the requirements of a rule in the specific case would not prejudice the substantial legal rights of any person;
- The provisions of a rule subject to a petition for a waiver or variance are not specifically mandated by statute or another provision of law; and
- Substantially equal protection of public health, safety, and welfare will be afforded by a means other than that prescribed in the particular rule for which the waiver or variance is requested.
- The name, address, and telephone number of the entity or person for whom a waiver or variance is being requested and the case number of any related contested case.
- A description and citation of the specific rule from which a waiver or variance is requested.
- The specific waiver or variance requested, including the precise scope and operative period that the waiver or variance will extend.
- The relevant facts that the petitioner believes would justify a waiver or variance. This statement shall include a signed statement from the petitioner attesting to the accuracy of the facts provided in the petition and a statement of reasons that the petitioner believes will justify a waiver or variance.
- A history of any prior contacts between the state public defender and the petitioner relating to the regulated activity, representation or other assigned function of the state public defender that would be affected by the proposed waiver or variance, including a description of each regulated activity, representation or other assigned function of the state public defender, any notices of violation, contested case hearings, or investigative reports relating to the regulated activity, representation or other assigned function of the state public defender within the last five years.
- Any information known to the requester regarding the state public defender’s treatment of similar cases.
- The name, address, and telephone number of any public agency or political subdivision which also regulates the activity in question or which might be affected by the granting of a waiver or variance.
- The name, address, and telephone number of any person or entity that would be adversely affected by the granting of a petition.
- The name, address, and telephone number of any person with knowledge of the relevant facts relating to the proposed waiver or variance.
- Signed releases of information authorizing persons with knowledge regarding the request to furnish the state public defender with information relevant to the waiver or variance.
- Identifies the rules for which a waiver or variance has been granted or denied;
- Identifies the number of times a waiver or variance was granted or denied for each rule;
- Includes a citation to the statutory provisions implemented by these rules; and
- Includes a general summary of the reasons justifying the state public defender’s actions.
- Provide the petitioner’s (the person who is asking for the waiver or variance) name, address and telephone number.
- Describe and cite the specific rule from which a waiver or variance is requested.
- Describe the specific waiver or variance requested; include the exact scope and time period that the waiver or variance will extend.
- Explain the important facts that the petitioner believes justify the waiver or variance. Include in your explanation (a) why application of the rule would pose an undue hardship to the petitioner; (b) why granting the waiver or variance would not prejudice the substantial legal rights of any person; (c) state whether the provisions of a rule subject to this petition are specifically mandated by statute or another provision of law; and (d) state whether public health, safety or welfare will be affected if the requested waiver or variance is granted.
- Provide history of prior contacts between the state public defender and the petitioner relating to the regulated activity, license, audit, investigation, inspection or representation that would be affected by the waiver or variance. In that history, include a description of each affected regulated activity, license, appeal, hearing, audit, investigation, inspection, representation or other assigned function of the state public defender, any notices of violation, contested case hearings, or investigative reports relating to the regulated activity, license, appeal, hearing, audit, investigation, inspection, representation or other assigned function of the state public defender within the last five years.
- Provide information known to the petitioner regarding the state public defender’s treatment of similar cases.
- Provide the name, address and telephone number of any public agency or political subdivision which also regulates the activity in question or which might be affected by the granting of a waiver or variance.
- Provide the name, address and telephone number of any person or entity that would be adversely affected or disadvantaged by the granting of the waiver or variance.
- Provide signed releases of information authorizing persons with knowledge regarding the request to furnish the state public defender with information relevant to the waiver or variance.
Proposing rule making related to lighting of primary-secondary intersections and providing an opportunity for public comment
The Department of Transportation hereby proposes to amend Chapter 136, “Lighting,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 307.12.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 306.4(1), 318.1, 318.2, 318.4, 318.5, 318.8, 318.9 and 318.12.Purpose and Summary The proposed amendments to Chapter 136 remove one of the criteria for determining the candidates for lighting, which has not been used to justify the lighting of any primary-secondary intersection for many years. The method using roadway and traffic factors is proposed to be eliminated because the Department is unable to find the background on this method, and the method is not included in any of the current lighting reference materials. Other proposed amendments update the Iowa Code sections cited within three implementation sentences to be consistent with the current Iowa Code, update the name of Form 810025, and add the Department’s website so that the form can be easily accessed. Also, this rule making states that the departmental specifications and standard road plans are available on the Department’s website. Finally, the proposed amendments correct the name of the Traffic and Safety Bureau.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 person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11. 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 January 19, 2021. 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 oral presentations will be held on January 21, 2021, via conference call from 1 to 2 p.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on January 19, 2021, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing. 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 rule 761—136.1(319) as follows:761—136.1(319306,318) Lighting of primary-secondary intersections. The purpose of this rule is to establish the qualification criteriafor, application procedurethe procedures to request, andthe financial responsibilities for the placement of roadway luminaires within the limits of the primary road right-of-way at a rural intersection of a primary road and a paved secondary road. 136.1(1) Lighting criteria. A primary-secondary intersection is a candidate for lighting if one of the following is met: a. The night-to-day accident rate ratio is 2.0 or greater with a minimum of three reportable nighttime accidents in a 12-month period. b. Substantial lighted commercial or business development that is affecting operations exists adjacent to the intersection. c. Motorists are experiencing operational problems which might be expected to be reduced by lighting. d. The current average daily traffic (ADT) is 3500 entering vehicles for the intersection and: (1) The intersection is channelized or “T,” or (2) A change in the direction of the major route occurs. e. After making the following calculations, the total in subparagraph (3) below exceeds 3000 points. (1) Determine the “Roadway/Traffic Factors” for traffic at A and for traffic at B, using the following formula and “Standard Sight Distances for Speed”:Roadway/Standard Passing SightActual ApproachingTraffic=Distance for Speed×Traffic VolumeFactorActual Sight Distance1000Standard Passing Sight Distances For Posted SpeedsSpeedDistance55 mph2000 ft.50 mph1800 ft.45 mph1700 ft.40 mph1500 ft. (2) Compare the two answers; the larger number is the “Greater Roadway/Traffic Factor.” (3) Calculate points based on the following formula, using current average daily traffic (ADT):Greater Roadway/Traffic Factor × Traffic Volume from C to D= Greater Roadway/Traffic Factor × Traffic Volume from D to C= Greater Roadway/Traffic Factor × Traffic Volume from C to B × (1.5)= Greater Roadway/Traffic Factor × Traffic Volume from D to A × (1.5)= Roadway/Traffic Factor for A × Traffic Volume from B to D × (1.5)= Roadway/Traffic Factor for B × Traffic Volume from A to C × (1.5)= TOTAL= 136.1(2) Reserved. 136.1(3) Procedures. a. A request for lighting shall be made by the county to the appropriate district engineer. The request shall indicate the type and size of luminaires proposed, sight distance measurements and posted speed. If the county is requesting that the department participate in the installation costs as a C-STEP (County-State Traffic Engineering Program) project, this should be indicated in the request. A lighting plan shall accompany the request showing: (1) The complete dimensions of the intersection including pavement and shoulders. (2) The locations of proposed luminaires and poles. (3) The mounting heights, mast arm lengths, lateral and vertical light distributions of proposed luminaires and the approximate location for electrical service. b. The district engineer shall forward the request to the department’s office of traffic and safetybureau for review. c. If design requirements are satisfied, the department shall approve the lighting installation. (1) The county shall be responsible for designing and installing the lighting and for all future energy and maintenance costs. (2) If the location qualifies for lighting installation and if funds are available, the department shall share the installation costs on the basis of the current C-STEP participation ratio. (3) If the department does not share the installation costs but the county wishes to install the lighting, the county shall be responsible for the installation costs. d. If the department will share the installation costs, the department shall prepare an agreement for departmental and county approval. This rule is intended to implement Iowa Code sections 319.1, 319.12306.4(1), 318.1, 318.2, 318.4, 318.5, 318.8, 318.9 and 319.14318.12. ITEM 2. Amend rule 761—136.2(319) as follows:761—136.2(319306,318) Destination lighting. The purpose of this rule is to establish the application procedure and financial responsibilities for the placement of a roadway luminaire within the limits of primary road right-of-way at a rural intersection of a primary road and a minor road. 136.2(1) Definition. "Minor road," for the purposes of this rule, is an entrance to a primary road from a frontage road, a rural commercial establishment, a governmental agency facility, a generator of a substantial traffic volume, or a secondary road. 136.2(2) Reserved. 136.2(3) Procedures. a. Application shall be made to the appropriate district engineer on Form 810025, “Applicationand Agreement for Use of Highway Right-of-Way for Utilities Accommodation.”Form 810025 is available on the department’s website at www.iowadot.us. The application shall indicate the type of luminaire and intensity of illumination proposed. A sketch shall accompany the application showing the location of the proposed luminaire and pole and the mounting height of the luminaire. b. The district engineer shall be responsible for departmental approval of the application. A copy of the application indicating the district engineer’s determination shall be returned to the applicant. Approved applications are termed “permits.” c. The applicant shall be responsible for installing the lighting and for all installation, energy and maintenance costs. This rule is intended to implement Iowa Code sections 319.1, 319.12306.4(1), 318.1, 318.2, 318.4, 318.5, 318.8, 318.9 and 319.14318.12. ITEM 3. Amend rule 761—136.6(306) as follows:761—136.6(306,318) Warrants and design requirements for lighting. 136.6(1) Warrants. Meeting departmental warrants or criteria for lighting simply establishes the location as a candidate for lighting. It does not obligate the department to provide lighting or to participate in lighting costs. 136.6(2) Design requirements. The design of lighting installations shall comply with departmental specifications and standard road plans for highway lighting as they exist at the time of installation of the lighting.The departmental specifications and standard road plans can be found through the department’s electronic reference library on the department’s website. This rule is intended to implement Iowa Code subsectionssections 306.4(1), 318.1, 318.2, 318.4, 318.8 and 669.14(8)318.9.ARC 5340CTransportation Department[761]Notice of Intended ActionProposing rule making related to the International Registration Plan for fleet vehicles and providing an opportunity for public comment
The Department of Transportation hereby proposes to amend Chapter 500, “Interstate Registration and Operation of Vehicles,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 307.12, 326.15, 326.19A and 326.33.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 326.Purpose and Summary This proposed rule making aligns with existing legal authority and Department practice and relates to the administration of the International Registration Plan (IRP) for fleet vehicles operated within the states of the United States and the provinces of Canada. Chapter 500 and Iowa Code chapter 326 outline the specific requirements and procedures for registration under the IRP process. A description of the specific, proposed amendments is provided below: Terminology updates. Several updates are proposed to terminology used throughout the chapter and within the definitions rule. The term “apportioned registration” will replace the term “prorate registration” throughout the chapter as that is the current terminology used in Iowa Code chapter 326 and the IRP. Rules that accommodate a set month renewal deadline are revised to incorporate implementation of a staggered registration process in which fleet registration renewals are staggered throughout the year rather than all expiring at the same time. Several current definitions are merely duplicative of the definitions already included in Iowa Code chapter 326; therefore, those definitions are removed, and definitions for “distance schedule,” “vehicle schedule,” “IRP,” “qualified fleet owner,” “self-certification of IRP credential destruction,” and “temporary evidence of apportioned registration” are added or amended. IRP renewals. Several rules related to the IRP registration renewal process are updated to provide flexibility in the renewal process, including accommodating electronic notification and simplified submission methods for required documentation, as well as clarifying the process for adding or deleting a vehicle from the fleet, both at the time of registration renewal and during nonrenewal periods. Fees and refunds. The rules addressing fees and refunds are updated to align with the Iowa Code, the IRP requirements and current Department practice. Specifically, the late filing penalty fee rule specifies the approved payment methods and deadlines for payment as well as the process for sending a delinquency notice for invoices that are 30 days overdue as required by Iowa Code section 326.10A. The rule addressing the mailing fee for a replacement cab card or plate is revised to align with current Department practice that a mailing fee applies when the Department issues a replacement cab card or plate. A motor carrier does have the option to print its own replacement cab card, in which case the fee would not apply. The rules governing IRP refunds are amended to clarify that plates and cab cards must be returned to the Department if the carrier is seeking a refund of IRP registration. These rules only apply to a refund of Iowa’s portion of the IRP fees, as the Department has the authority under the IRP only to refund Iowa fees. IRP credentials. IRP credentials include vehicle plates, cab cards and validation stickers that are evidence of a vehicle’s compliance with IRP requirements. Several updates are made to the rules addressing IRP credentials, including striking outdated language referring to a nonexpiring plate and providing flexibility by not requiring the IRP credentials to be turned in if a vehicle is being deleted at the time of renewal. This is because deletion at the time of renewal will not affect the fees the Department collects, and the Department has the authority to assess fees if it is discovered a vehicle was operating under deleted credentials. The current rule relating to a carrier’s self-certification of destruction of IRP credentials remains unchanged but is renumbered. IRP records. The rules related to record retention are updated to comply with the IRP, including requiring record retention for the current registration year and the three preceding registration years; requiring a motor carrier to make records available for audit upon request; setting standards for records maintained by the motor carrier to allow the Department to verify IRP requirements; replacing outdated terminology referring to source records with current terminology referring to summaries, which are documents required to be maintained under the IRP to verify distances traveled; and removing a subrule relating to reaudit and assessment as that subrule was inconsistent with IRP requirements. The proposed amendments also align with the current Department process of obtaining trip permits through the Department’s website, by mail or in person, and they remove an outdated provision indicating that a truck permit could be obtained at a truck stop as that is no longer an option. Finally, the rule promoting electronic maintenance of required IRP forms and records is amended to clarify that the federal heavy use tax form is maintained in accordance with Federal Highway Administration and Internal Revenue Service requirements and to remove the requirement to collect and submit Federal Highway Administration Form MCS-150. Because Form MCS-150 is already required to be filed with the federal government, the Department no longer needs to collect the form or forward it to the federal government.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 person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11. 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 January 19, 2021. 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 oral presentations will be held on January 21, 2021, via conference call from 10 to 11 a.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on January 19, 2021, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing. 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 rule 761—500.1(326) as follows:761—500.1(326) Definitions. The definitions in Iowa Code sectionsections 326.2and 326.3 apply to this chapter. In addition: "Cab card" means a registration receipt that describes the vehicle and reflects the weight in each jurisdiction in which a vehicle is registered for operation. "Credential" means a plate, validation sticker, cab card or temporary authority. "International Registration Plan (IRP)" means a vehicle prorate registration reciprocity agreement among jurisdictions. "Power unit" for registration purposes means a bus, truck, truck tractor, road tractor or tractor. "Distance schedule" means the department form used to report fleet distance. "IRP" means the International Registration Plan as defined in Iowa Code section 326.2. "Qualified fleet ownerregistrant" means a motor carrier who has received written approval by the department to self-certify IRP credential destruction.- The motor carrier must meet the following requirements to receive department approval:
- A minimum of five years’ experience with IRP registration in any jurisdiction;
- A satisfactory IRP payment history. A satisfactory payment history includes, but is not limited to, no suspension of IRP registration in the last five years due to late payment or returned check because of insufficient funds; and
- A satisfactory rating from the U.S. Department of Transportation in the previous five years.
- A motor carrier subject to a federal out-of-service order in the current year or any of the four prior years shall not be eligible to self-certify IRP credential destruction.
Rule making related to clinical examinations on manikins
The Dental Board hereby amends Chapter 11, “Licensure to Practice Dentistry or Dental Hygiene,” and Chapter 12, “Dental and Dental Hygiene Examinations,” 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 sections 147.3, 147.29, 147.34 and 147.36 and chapter 153.Purpose and Summary These amendments allow applicants for a dental license to complete clinical examinations on manikins for the purposes of licensure in Iowa. These amendments also update the language regarding successful passage of examinations for dental and dental hygiene applicants.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 4, 2020, as ARC 5264C. The Board accepted written and oral comments through November 30, 2020. The Board received two written comments. One comment was strongly in support of the rule making; the other commenter was opposed and believed that the current standards should be maintained. One change from the Notice has been made. The rule making was updated to require successful completion of the non-patient periodontal section of the Commission on Dental Competency Assessments (CDCA) examination if the CDCA manikin examination is attempted.Adoption of Rule Making This rule making was adopted by the Board on December 9, 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, there is no impact on jobs since the amendments apply to requirements for licensure and would provide additional opportunities for meeting those requirements.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 rule 650—7.4(17A,147,153).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 February 3, 2021. The following rule-making actions are adopted:
ITEM 1. Amend subrule 11.2(2) as follows: 11.2(2) Applications for licensure must be filed with the board along with: a. Documentation of graduation from dental college.Satisfactory evidence of graduation with a DDS or DMD from an accredited dental college approved by the board or satisfactory evidence of meeting the requirements specified in rule 650—11.4(153). b. Certification of good standing from dean or designee.Certification by the dean or other authorized representative of the dental school that the applicant has been a student in good standing while attending that dental school. c. Documentation of passage of national dental examination.Evidence of attaining a grade of at least 75 percent onsuccessful passage of the examination administered by the Joint Commission on National Dental Examinations. d. Documentation of passage of a clinical examination.Successful passage of a board-approved clinical examination within the previous five-year period. (1) Successful passage of a board-approved clinical examination within the previous five-year period with a grade of at least 75 percent. (2) (1) The followingpatient-based regional clinical examinations are approved by the board for purposes of licensure by examination: the Central Regional Dental Testing Service, Inc. examination as administered by the Central Regional Dental Testing Service, Inc. (CRDTS), the Western Regional Examining Board examination as administered by the Western Regional Examining Board (WREB), the Southern Regional Testing Agency, Inc. examination as administered by the Southern Regional Testing Agency, Inc. (SRTA), and the American Board of Dental Examiners, Inc. examination as administered by the Commission on Dental Competency Assessments (CDCA) and the Council of Interstate Testing Agencies, Inc. (CITA). (2) The following manikin-based regional clinical examinations are approved by the board for purposes of licensure by examination: the Central Regional Dental Testing Service, Inc. examination as administered by the Central Regional Dental Testing Service, Inc. (CRDTS), and the American Board of Dental Examiners, Inc. examination as administered by the Commission on Dental Competency Assessments (CDCA). (3) Beginning January 1, 2018, the 2014 California portfolio examination is approved by the board for the purposes of licensure by examination. To be eligible for licensure on the basis of portfolio examination, an applicant must be a student at the University of Iowa College of Dentistry or have graduated from the University of Iowa College of Dentistry within one year of the date of application. e. Explanation of any legal or administrative actions.A statement disclosing and explaining any disciplinary actions, investigations, complaints, malpractice claims, judgments, settlements, or criminal charges. f. Payment of application, fingerprint and background check fees.The nonrefundable application fee, plus the fee for the evaluation of the fingerprint packet and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI), as specified in 650—Chapter 15. g. Documentation of passage of jurisprudence examination.Evidence of successful completion of a board-approved jurisprudence examination with a grade of at least 75 percent. h. Current CPR certification.A statement: (1) Confirming that the applicant possesses a valid certificate from a nationally recognized course in cardiopulmonary resuscitation (CPR) that included a “hands-on” clinical component; (2) Providing the expiration date of the CPR certificate; and (3) Acknowledging that the CPR certificate will be retained and made available to board office staff as part of routine auditing and monitoring. i. Completed fingerprint packet.A completed fingerprint packet to facilitate a criminal history background check by the DCI and FBI. ITEM 2. Amend subrule 11.3(2) as follows: 11.3(2) Applications must be filed with the board along with: a. Satisfactory evidence of graduation with a DDS or DMD from an accredited dental college approved by the board or satisfactory evidence of meeting the requirements specified in rule 650—11.4(153). b. Evidence of attaining a grade of at least 75 percent on the examinationsuccessful passage of the Joint Commission on National Dental Examinations or evidence of attaining a grade of at least 75 percent on a written examination during the last ten years that is comparable to the examination given by the Joint Commission on National Dental Examinations. Any dentist who has lawfully practiced dentistry in another state or territory for five years may be exempted from presenting this evidence. c. A statement of any dental examinations taken by the applicant, with indication of pass/fail for each examination taken. Any dentist who has lawfully practiced dentistry in another state or territory for five or more years may be exempted from presenting this evidence. d. Evidence of a current, valid license to practice dentistry in another state, territory or district of the United States issued under requirements equivalent or substantially equivalent to those of this state. e. Evidence that the applicant has met at least one of the following: (1) Has less than three consecutive years of practice immediately prior to the filing of the application and evidence of attaining a grade of at least 75 percent onsuccessful passage of a board-approved clinical examinationpursuant to subrule 11.2(2) within the previous five-year period. The following regional examinations are approved by the board for purposes of licensure by credentials: the Central Regional Dental Testing Service, Inc. examination as administered by the Central Regional Dental Testing Service, Inc. (CRDTS), the Western Regional Examining Board examination as administered by the Western Regional Examining Board (WREB), the Southern Regional Testing Agency, Inc. examination as administered by the Southern Regional Testing Agency, Inc. (SRTA), the American Board of Dental Examiners, Inc. examination as administered by the Commission on Dental Competency Assessments (CDCA) and the Council of Interstate Testing Agencies, Inc. (CITA), and the 2014 California portfolio examination; or (2) Has for three consecutive years immediately prior to the filing of the application been in the lawful practice of dentistry in such other state, territory or district of the United States. f. Evidence from the state board of dentistry, or equivalent authority, from each state in which applicant has been licensed to practice dentistry, that the applicant has not been the subject of final or pending disciplinary action. g. A statement disclosing and explaining any disciplinary actions, investigations, malpractice claims, complaints, judgments, settlements, or criminal charges, including the results of a self-query of the National Practitioner Data Bank (NPDB). h. The nonrefundable application fee for licensure by credentials, plus the fee for the evaluation of the fingerprint packet and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI), as specified in 650—Chapter 15. i. Current CPR certification. A statement: (1) Confirming that the applicant possesses a valid certificate from a nationally recognized course in cardiopulmonary resuscitation (CPR) that included a “hands-on” clinical component; (2) Providing the expiration date of the CPR certificate; and (3) Acknowledging that the CPR certificate will be retained and made available to board office staff as part of routine auditing and monitoring. j. Evidence of successful completion of a board-approved jurisprudence examination with a grade of at least 75 percent. k. A completed fingerprint packet to facilitate a criminal history background check by the DCI and FBI. ITEM 3. Amend subrule 11.5(2) as follows: 11.5(2) Applications for licensure must be filed with the dental hygiene committee along with: a. Documentation of graduation from dental hygiene school.Satisfactory evidence of graduation from an accredited school of dental hygiene approved by the dental hygiene committee. b. Certification of good standing from dean or designee.Certification by the dean or other authorized representative of the school of dental hygiene that the applicant has been a student in good standing while attending that dental hygiene school. c. Documentation of passage of national dental hygiene examination.Evidence of attaining a grade of at least 75 percent onsuccessful passage of the examination administered by the Joint Commission on National Dental Examinations. d. Documentation of passage of a regional clinical examination. (1) Successful passage of apatient-based regional clinical examination within the previous five-year period with a grade of at least 75 percent. (2) The following regional examinations are approved by the board for purposes of licensure by examination: the Central Regional Dental Testing Service, Inc. examination as administered by the Central Regional Dental Testing Service, Inc. (CRDTS), the Western Regional Examining Board examination as administered by the Western Regional Examining Board (WREB), the Southern Regional Testing Agency, Inc. examination as administered by the Southern Regional Testing Agency, Inc. (SRTA), and the American Board of Dental Examiners, Inc. examination as administered by the Commission on Dental Competency Assessments (CDCA) and the Council of Interstate Testing Agencies, Inc. (CITA). e. Payment of application, fingerprint and background check fees.The nonrefundable application fee, plus the fee for the evaluation of the fingerprint packet and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI), as specified in 650—Chapter 15. f. Documentation of passage of jurisprudence examination.Evidence of successful completion of a board-approved jurisprudence examination with a grade of at least 75 percent. g. Current CPR certification.A statement: (1) Confirming that the applicant possesses a valid certificate from a nationally recognized course in cardiopulmonary resuscitation (CPR) that included a “hands-on” clinical component; (2) Providing the expiration date of the CPR certificate; and (3) Acknowledging that the CPR certificate will be retained and made available to board office staff as part of routine auditing and monitoring. h. Explanation of any legal or administrative actions.A statement disclosing and explaining any disciplinary actions, investigations, complaints, malpractice claims, judgments, settlements, or criminal charges. i. Completed fingerprint packet.A completed fingerprint packet to facilitate a criminal history background check by the DCI and FBI. ITEM 4. Amend subrule 11.6(2) as follows: 11.6(2) Applications must be filed with the dental hygiene committee along with: a. Satisfactory evidence of graduation from an accredited school of dental hygiene approved by the dental hygiene committee. b. Evidence of attaining a grade of at least 75 percent onsuccessful passage of the examination of the Joint Commission on National Dental Examinations or evidence of attaining a grade of at least 75 percent on a written examination that is comparable to the examination given by the Joint Commission on National Dental Examinations. Any dental hygienist who has lawfully practiced dental hygiene in another state or territory for five or more years may be exempted from presenting this evidence. c. A statement of any dental hygiene examinations taken by the applicant, with indication of pass/fail for each examination taken. Any dental hygienist who has lawfully practiced dental hygiene in another state or territory for five or more years may be exempted from presenting this evidence. d. Evidence of a current, valid license to practice dental hygiene in another state, territory or district of the United States issued under requirements equivalent or substantially equivalent to those of this state. e. Evidence that the applicant has met at least one of the following: (1) Has less than three consecutive years of practice immediately prior to the filing of the application and evidence of attaining a grade of at least 75 percent onsuccessful passage of a regional clinical examination within the previous five-year period. The following regional examinations are approved by the board for purposes of licensure by examination: the Central Regional Dental Testing Service, Inc. examination as administered by the Central Regional Dental Testing Service, Inc. (CRDTS), the Western Regional Examining Board examination as administered by the Western Regional Examining Board (WREB), the Southern Regional Testing Agency, Inc. examination as administered by the Southern Regional Testing Agency, Inc. (SRTA), and the American Board of Dental Examiners, Inc. examination as administered by the Commission on Dental Competency Assessments (CDCA) and the Council of Interstate Testing Agencies, Inc. (CITA); or (2) Has for three consecutive years immediately prior to the filing of the application been in the lawful practice of dental hygiene in such other state, territory or district of the United States. f. Evidence from the state board of dentistry, or equivalent authority, in each state in which applicant has been licensed to practice dental hygiene, that the applicant has not been the subject of final or pending disciplinary action. g. A statement disclosing and explaining any disciplinary actions, investigations, complaints, malpractice claims, judgments, settlements, or criminal charges, including the results of a self-query of the National Practitioner Data Bank (NPDB). h. The nonrefundable application fee for licensure by credentials, the initial licensure fee and the fee for the evaluation of the fingerprint packet and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI), as specified in 650—Chapter 15. i. A statement: (1) Confirming that the applicant possesses a valid certificate from a nationally recognized course in cardiopulmonary resuscitation (CPR) that included a “hands-on” clinical component; (2) Providing the expiration date of the CPR certificate; and (3) Acknowledging that the CPR certificate will be retained and made available to board office staff as part of routine auditing and monitoring. j. Successful completion of a board-approved jurisprudence examination with a grade of at least 75 percent. k. A completed fingerprint packet to facilitate a criminal history background check by the DCI and FBI. ITEM 5. Amend rule 650—11.7(147,153) as follows:650—11.7(147,153) Dental hygiene application for local anesthesia permit. A licensed dental hygienist may administer local anesthesia provided the following requirements are met:- The dental hygienist holds a current local anesthesia permit issued by the board of dental examiners.
- The local anesthesia is prescribed by a licensed dentist.
- The local anesthesia is administered under the direct supervision of a licensed dentist.
Rule making related to mandatory child abuse and dependent adult abuse reporter training
The Human Services Department hereby amends Chapter 77, “Conditions of Participation for Providers of Medical and Remedial Care,” Chapter 108, “Licensing and Regulation of Child-Placing Agencies,” Chapter 109, “Child Care Centers,” Chapter 113, “Licensing and Regulation of Foster Family Homes,” and Chapter 117, “Foster Parent Training,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 232.69.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 232.69.Purpose and Summary 2019 Iowa Acts, House File 731, relating to mandatory child abuse and dependent adult abuse reporter training, was approved and signed into law by Governor Reynolds on May 8, 2019, stating mandatory reporter training must be completed every three years. Previously, training needed to be completed every five years. This amendment implements that change and makes other corresponding changes. It also updates terminology relating to intellectual disabilities.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 21, 2020, as ARC 5230C. 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 December 10, 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 1, 2021. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 77.37(15)"a" as follows: a. The following agencies may provide respite services: (1) Group living foster care facilities for children licensed by the department according to 441—Chapters 112 and 114 to 116 and child care centers licensed according to 441—Chapter 109. (2) Nursing facilities, intermediate care facilities for the mentally retardedpersons with an intellectual disability, and hospitals enrolled as providers in the Iowa Medicaid program. (3) Residential care facilities for persons with mental retardationan intellectual disability licensed by the department of inspections and appeals. (4) Home health agencies that are certified to participate in the Medicare program. (5) Camps certified by the American Camping Association. (6) Adult day care providers that meet the conditions of participation set forth in subrule 77.37(25). (7) Agencies authorized to provide similar services through a contract with the department of public health (IDPH) for local public health services. The agency must provide a current IDPH local public health services contract number. (8) Agencies certified by the department to provide respite services in the consumer’s home that meet the requirements of 77.37(1) and 77.37(3) through 77.37(9). (9) Assisted living programs certified by the department of inspections and appeals. ITEM 2. Amend paragraph 77.37(23)"b" as follows: b. Subject to the requirements of this rule, the following agencies may provide residential-based supported community living services: (1) Agencies licensed as group living foster care facilities under 441—Chapter 114. (2) Agencies licensed as residential facilities for mentally retarded childrenwith an intellectual disability or brain injury under 441—Chapter 116. (3) Other agencies providing residential-based supported community living services that meet the following conditions:- The agency must provide orientation training on the agency’s purpose, policies, and procedures within one month of hire or contracting for all employed and contracted treatment staff and must provide 24 hours of training during the first year of employment or contracting. The agency must also provide at least 12 hours of training per year after the first year of employment for all employed and contracted treatment staff. Annual training shall include, at a minimum, training on children’s mental retardationintellectual disabilities and developmental disabilities services and children’s mental health issues.Identification and reporting of child abuse shall be covered in training at least every fivethree years, in accordance with Iowa Code section 232.69.
- The agency must have standards for the rights and dignity of children that are age-appropriate. These standards shall include the following:
- Children, their families, and their legal representatives decide what personal information is shared and with whom.
- Children are a part of family and community life and perform varied social roles.
- Children have family connections, a social network, and varied relationships.
- Children develop and accomplish personal goals.
- Children are valued.
- Children live in positive environments.
- Children exercise their rights and responsibilities.
- Children make informed choices about how they spend their free time.
- Children choose their daily routine.
- The agency must use methods of self-evaluation by which:
- Past performance is reviewed.
- Current functioning is evaluated.
- Plans are made for the future based on the review and evaluation.
- The agency must have a governing body that receives and uses input from a wide range of local community interests and consumer representatives and provides oversight that ensures the provision of high-quality supports and services to children.
- Children, their parents, and their legal representatives must have the right to appeal the service provider’s application of policies or procedures or any staff person’s action that affects the consumer. The service provider shall distribute the policies for consumer appeals and procedures to children, their parents, and their legal representatives.
Rule making related to prescription drug automatic refill program
The Human Services Department hereby amends Chapter 78, “Amount, Duration and Scope of Medical and Remedial 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 establishes pharmacy policies and procedures for Medicaid coverage and reimbursement of prescription drug refills through an automatic refill program, rather than prohibiting such a program. This may improve medication adherence for chronic medical conditions. Some pharmacies may currently offer this type of program, and Medicaid proposes to standardize the requirements to ensure medical necessity and prevent waste. The United States Government Accountability Office (GAO) recommended in its July 2015 report, “Medicaid: Additional Reporting May Help CMS Oversee Prescription-Drug Fraud Controls,” that Medicaid programs review pharmacy automatic refill programs and corresponding Medicaid policies as a potential concern for waste and unnecessary costs.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 21, 2020, as ARC 5228C. The Department received three comments from two respondents on the proposed amendment. The comments and corresponding responses from the Department are divided into three topic areas as follows: A. Automatic prescription refill allowance. There were two comments in this topic area. 1. One respondent who operates retail drug stores, telepharmacies, and closed-door pharmacies expressed support for the Department’s efforts to expand the use of automatic refill programs to Medicaid patients. The respondent is strongly in favor of the amendment to subparagraph 78.2(6)“b”(2), allowing Medicaid patients to participate in automatic refill programs. 2. One respondent expressed support for policies to help reduce waste, stockpiling, and potential abuse, indicating this could be minimized if patients received automatic refills from a physical location. The respondent stated that the touchpoint with the patient is an opportunity to promote proper adherence and medication use, and the risk of stockpiling or waste is greatly reduced. Department response: The Department supports appropriate implementation of an automatic refill program by a pharmacy to improve medication compliance while controlling for waste and abuse. The allowance for this program is not limited to a physical location pharmacy. However, the oversight by the pharmacy for this program is the same for either a mail order or physical location pharmacy in regard to all consent documentations, including verification of continued medical necessity prior to dispensing, delivering or mailing to the member. B. Medication synchronization. There was one comment in this topic area. The respondent commented on the use of a medication synchronization program as part of the respondent’s automatic refill program and indicated allowing Medicaid patients to enroll in medication synchronization programs improves medication compliance. Department response: Medication synchronization services are not a currently covered policy under Iowa Medicaid, and this rule language related to automatic refill programs will not change that. The refill tolerance will be required to be met even with the allowance of an automatic refill program. C. Documentation requirements. There was one comment in this topic area. The respondent requested clarification on what would satisfy the requirements for documentation of consent to opt in or continue automatic refills. Examples noted how pharmacies currently capture similar requirements were signature capture, written record, or a checkbox on the pharmacy software for verbal authorization with a time/date stamp. The respondent requested broad enforcement of this requirement to ensure pharmacies have flexibility in documenting patient consent. Department response: The Department updated the rule language to clarify that consent for automated refills should be in electronic or written form. The consent process must support all requirements as noted in the rules, including but not limited to the name of the member or representative consenting and the date of consent, as well as a record of selected prescriptions for automatic refill. A change from the Notice was made to the last bulleted paragraph of 78.2(6)“b”(2)“2” to clarify how consent would be obtained.Adoption of Rule Making This rule making was adopted by the Council on Human Services on December 10, 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 1, 2021. The following rule-making action is adopted:
ITEM 1. Amend subparagraph 78.2(6)"b" as follows: (2) Automatic refills. 1. Automatic refills are not allowed. A request specific to each medication is required. 2. All prescription refills shall be initiated by a request at the time of each fill by the prescriber, Medicaid member or person acting as an agent of the member, based on continued medical necessity. 1. Automatic refills are allowed. Participation in an automatic refill program is voluntary and opt-in only, on a drug-by-drug basis. 2. The program must have:Rule making related to uniform prior authorization process
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 and 2019 Iowa Acts, House File 766.Purpose and Summary 2019 Iowa Acts, House File 766, required implementation of a uniform process to request medical prior authorization under the Medicaid program. As a result of implementing the uniform prior authorization process, there has been a change in forms and form numbers used to request a prior authorization. These amendments align the rules with the new forms and processing time frames. The rules are also revised to update outdated sections with current practices and processes.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 21, 2020, as ARC 5229C. 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 December 10, 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 1, 2021. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 78.10(1)"c" as follows: c. A physician’s (doctor of medicine, osteopathy, or podiatry), physician assistant’s, or advanced registered nurse practitioner’s prescription is required to establish medical necessity. The prescription shall state the member’s name, diagnosis, prognosis, item(s) to be dispensed, quantity, and length of time the item is to be required and shall include the signature of the prescriber and the date of signature.For items requiring prior authorization, a request shall include a physician’s, physician assistant’s, or advanced registered nurse practitioner’s written order or prescription and sufficient medical documentation to permit an independent conclusion that the requirements for the equipment or device are met and the item is medically necessary and reasonable. A request for prior authorization is made on Form 470-0829, Request for Prior Authorizationusing Form 470-5595, Outpatient Prior Authorization Request. See rule 441—78.28(249A) for prior authorization requirements. ITEM 2. Amend paragraph 78.10(2)"b" as follows: b. The types of durable medical equipment covered through the Medicaid program include, but are not limited to:Automated medication dispenser. See 78.10(5)“d” for prior authorization requirements.Bathtub/shower chair, bench. See 78.10(5)“g” and “j” for prior authorization requirements.Commode, shower commode chair. See 78.10(5)“j” for prior authorization requirements.Decubitus equipment.Dialysis equipment.Diaphragm (contraceptive device).Enclosed bed. See 78.10(5)“a” for prior authorization requirements.Enuresis alarm system (bed-wetting alarm device) for members five years of age or older.Heat/cold application device.Hospital bed and accessories.Inhalation equipment. See 78.10(5)“c” for prior authorization requirements.Insulin infusion pump. See 78.10(5)“b” and 78.10(5)“e” for prior authorization requirements.Lymphedema pump.Mobility device and accessories. See 78.10(5)“i” for prior authorization requirements.Neuromuscular stimulator.Oximeter.Oxygen, subject to the limitations in 78.10(2)“a” and 78.10(2)“c.”Patient lift. See 78.10(5)“h” for prior authorization requirements.Phototherapy bilirubin light.Protective helmet.Seat lift chair.Speech generating device. See 78.10(5)“f” for prior authorization requirements.Traction equipment.Ventilator. ITEM 3. Rescind and reserve paragraph 78.10(5)"d". ITEM 4. Amend paragraph 78.10(5)"e" as follows: e. Diabetic equipment and suppliesDME rebate agreements. If the department has a current agreement for a rebate with at least one manufacturer of a particular category of diabetic equipment or supplies (by healthcare common procedure coding system (HCPCS) code), prior authorization is required for any equipment or supplies in that category produced by a manufacturer that does not have a current agreement to provide a rebate to the department (other than supplies for members receiving care in a nursing facility or an intermediate care facility for persons with an intellectual disability). Prior approval shall be granted when the member’s medical condition necessitates use of equipment or supplies produced by a manufacturer that does not have a current rebate agreement with the department. ITEM 5. Rescind and reserve paragraph 78.28(1)"b". ITEM 6. Amend paragraph 78.28(1)"k" as follows: k. Diabetic equipment and suppliesDME rebate agreements. Payment will be approved pursuant to the criteria at 78.10(5)“e.” ITEM 7. Amend paragraph 78.28(7)"b" as follows: b. Preprocedure review by the IFMC is required if ambulatory surgical centers are to be reimbursed for surgical procedures as set forth in subrule 78.1(19). Approval by the IFMC will be granted only if the procedures are determined to be necessary based on the condition of the patient and criteria established by the IFMC and the department. The criteria are available from IFMC, 6000 Westown Parkway, Suite 350E, West Des Moines, Iowa 50265-7771, or in local hospital utilization review offices. ITEM 8. Amend subrule 78.28(12) as follows: 78.28(12) High-technology radiology procedures. a. Except as provided in paragraph 78.28(12)“b,” the following radiology procedures require prior approval: (1) Magnetic resonance imaging (MRIs); (2) Computed tomography (CTs), including combined abdomen and pelvis CT scans; (3) Computed tomographic angiographs (CTAs); (4) Positron emission tomography (PETs); and (5) Magnetic resonance angiography (MRAs). b. Notwithstanding paragraph 78.28(12)“a,” prior authorization is not required when any of the following applies: (1) Radiology procedures are billed on a CMS 1500 claim for places of service “hospital inpatient” (POS 21) or “hospital emergency room” (POS 23), or on a UB04 claim with revenue code 45X; (2) The member has Medicare coverage; (3) The member received notice of retroactive Medicaid eligibility after receiving a radiology procedure at a time prior to the member’s receipt of such notice (see paragraph 78.28(12)“e”); or (4) (3) A radiology procedure is ordered or requested by the department of human services, a state district court, law enforcement, or other similar entity for the purposes of a child abuse/neglect investigation, as documented by the provider. c. Prior approval will be granted if the procedure requested meets the requirements of 441—subrule 79.9(2), based on diagnosis, symptoms, history of illness, course of treatment, and treatment plan, as documented by the provider requesting prior approval. d. Required requests for prior approval of radiology procedures must be submitted through the online system operated by the department’s contractor for prior approval of high-technology radiology proceduresto the department of human services. e. Services are billed for members with retroactive eligibility.(1) When a member has received notice of retroactive Medicaid eligibility after receiving a radiology procedure for a date of service prior to the member’s receipt of such notice and otherwise requiring prior approval pursuant to this rule, a retroactive authorization request must be submitted on Form 470-0829, Request for Prior Authorization470-5595, Outpatient Prior Authorization Request,and approved before any claim for payment is submitted. (2) Payment will be authorized only if the prior approval criteria were met and the service was provided to the member prior to the retroactive eligibility notification, as documented by the provider requesting retroactive authorization. (3) Retroactive authorizations will not be granted when sought for reasons other than a member’s retroactive Medicaid eligibility. Examples of such reasons include, but are not limited to, the following:- The provider was unaware of the high-technology radiology prior authorization requirement.
- The provider was unaware that the member had current Medicaid eligibility or coverage.
- The provider forgot to complete the required prior authorization process.
Rule making related to family support statewide database
The Human Services Department hereby amends Chapter 155, “Child Abuse Prevention Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 235A.1.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 235A.1.Purpose and Summary This amendment modifies language around the Department’s use of the Family Support Statewide Database, maintained by the Iowa Department of Public Health. The current rule requires the Department grantees to input participant data into the system. However, it does not authorize the Department to release the data to other state agencies, including the Iowa Department of Public Health. Under this rule making, the Department causes the Iowa Department of Public Health to access the participant data entered by Department grantees for the purposes of system quality assurance. This amendment is necessary given the Department’s role as a covered entity under the Health Insurance Portability and Accountability Act (HIPAA), a law designed to protect patients’ medical and other health information records provided to health plans, doctors, hospitals and other health care providers. There will continue to be a memorandum of understanding with the Iowa Department of Public Health to address the privacy and security of the Department’s data and to outline the expectations of both parties, but this amendment will prevent the need for individual patient authorization. Department services are not intended to be medical treatments. However, case records may include participants’ self-reported data about the family that could be classified as protected health information. For example, information about a child’s developmental screening results is often a part of a home visiting program’s record.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 21, 2020, as ARC 5231C. 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 December 10, 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 1, 2021. The following rule-making action is adopted:
ITEM 1. Amend subrule 155.4(2) as follows: 155.4(2) Grantees, or the identified service providers, that provide family support services under the program shall enter participant data inThe department shall cause participant data to be entered into the state-administered, Internet-based data collection system identified in Iowa Code section 256I.13(3) and maintained by the Iowa department of public health.This release of information by the department is required by law, and as such, data entered into the system maintained by the Iowa department of public health will no longer be protected by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and associated implementing regulations found at 45 CFR Parts 160, 162, and 164. In addition, no information gathered by grantees and disclosed pursuant to this subrule is gathered for purposes of treating individuals for substance abuse. As such, the data disclosed pursuant to this subrule is not protected by 42 U.S.C. §290dd-2 or by the implementing regulations found at 42 CFR 2. In addition, the substance abuse treatment information so released is not subject to the confidentiality provisions of Iowa law found at Iowa Code sections 125.37 and 125.93. [Filed 12/10/20, effective 3/1/21][Published 12/30/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/30/20.ARC 5353CInspections and Appeals Department[481]Adopted and FiledRule making related to adoption of 2017 food code
The Inspections and Appeals Department hereby amends 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 adopted under the authority provided in Iowa Code sections 10A.104 and 137F.2(1).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 10A.104 and 137F.2(1).Purpose and Summary These amendments adopt by reference the 2017 Food and Drug Administration (FDA) Food Code, update associated references to the Food Code, and make modifications to the adoption of the 2017 FDA Food Code with respect to food production manager certification requirements. The primary effects of adopting the 2017 FDA Food Code include changes to when a certified food protection manager is required (2017 FDA Food Code rule 2-201.12); requiring a person in charge to ensure food employees are routinely monitoring food temperatures (2017 FDA Food Code rule 2-103.11); and requiring a single-use glove to be worn over a bandage, finger cot, or finger stall (2017 FDA Food Code rule 2-401.13). The remaining effects of adopting the 2017 FDA Food Code generally provide clarification of existing requirements and editorial content. For the FDA’s summary of the changes in the 2017 FDA Food Code and the Supplement to the 2017 FDA Food Code, please visit: www.fda.gov/food/fda-food-code/summary-changes-fda-food-code-2017 and www.fda.gov/media/133749/download. These amendments also correct an erroneous reference to Iowa Code chapter 137C.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 4, 2020, as ARC 5262C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on December 9, 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 481—Chapter 6.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 February 3, 2021. The following rule-making actions are adopted:
ITEM 1. Amend rule 481—30.2(10A,137C,137D,137F), introductory paragraph, as follows:481—30.2(10A,137C,137D,137F) Definitions. If both the 20132017 Food and Drug Administration Food Code with Supplement and rule 481—30.2(10A,137C,137D,137F) define a term, the definition in rule 481—30.2(10A,137C,137D,137F) shall apply. ITEM 2. Amend rule 481—31.1(137F), introductory paragraph, as follows:481—31.1(137F) Inspection standards for food establishments.2 The department adopts, with the following exceptions, the 20132017 Food Code with Supplement of the Food and Drug Administration as the state’s “food code,” which is the inspection standard for food establishments other than food processing plants. ITEM 3. Amend subrule 31.1(1), introductory paragraph, as follows: 31.1(1) Unattended food establishments—assignment of responsibility. For the purposes of section 2-101.11(C) of the 20132017 Food Code with Supplement, unattended food establishments are not required to have a designated person in charge present during all hours of operation provided that the permit holder ensures the following requirements are met. ITEM 4. Rescind subrule 31.1(2) and adopt the following new subrule in lieu thereof: 31.1(2) Certified food protection manager requirements, exceptions, and time frames for compliance. a. For the purposes of section 2-102.12(A) of the 2017 Food Code with Supplement, the food establishment may employ a single certified food protection manager who is not present at the food establishment during all hours of operation, as long as the following requirements are met: (1) The individual who is a certified food protection manager has supervisory and management responsibility and the authority to direct and control food preparation and service at the food establishment; (2) The person in charge demonstrates knowledge as prescribed in section 2-102.11 of the 2017 Food Code with Supplement; and (3) The person in charge demonstrates active managerial control of food safety by complying with section 2-103.11 of the 2017 Food Code with Supplement. b. A food establishment that, upon inspection, is found to be in violation of section 2-102.11 or 2-103.11 of the 2017 Food Code with Supplement will have six months to ensure that any individual designated as the person in charge is a certified food protection manager. c. For the purposes of section 2-102.12(B), the following food establishments are not required to employ a certified food protection manager: (1) Food establishments that sell only prepackaged food. (2) Temporary or farmers market food establishments. (3) Food establishments at which food is not prepared, where customers may purchase beverages and where the service of food is limited to the service of ice, beverages, prepackaged snack foods, popcorn or peanuts and to the reheating of commercially prepared foods for immediate service that do not require assembly, such as frozen pizza or prepackaged sandwiches. (4) Food establishments at which food is not prepared, where customers may purchase only commercially prepared non-time/temperature control for safety foods that are dispensed either unpackaged or packaged and that are intended for off-premises consumption. d. Time frames for compliance with section 2-102.12 of the 2017 Food Code with Supplement, as amended by paragraphs 31.1(2)“a” and “b,”are as follows: (1) Newly licensed facilities must comply with section 2-102.12 of the 2017 Food Code with Supplement, as amended by paragraphs 31.1(2)“a” and “b,” within six months of licensure. (2) If an individual meeting the requirement of paragraph 31.1(2)“a” leaves employment, the establishment shall meet the requirement of section 2-102.12 of the 2017 Food Code with Supplement, as amended by paragraphs 31.1(2)“a” and “b,” within six months of the individual’s departure. ITEM 5. Rescind subrule 31.1(10). ITEM 6. Renumber subrules 31.1(11) to 31.1(19) as 31.1(10) to 31.1(18). ITEM 7. Amend rule 481—31.4(137D,137F) as follows:481—31.4(137D,137F) False label or defacement. No person shall use any label required by Iowa Code chapter 137C137D or 137F which is deceptive as to the true nature of the article or place of production, or which has been carelessly printed or marked, nor shall any person erase or deface any label required by this chapter. This rule is intended to implement Iowa Code sections 137D.2 and 137F.2. [Filed 12/9/20, effective 2/3/21][Published 12/30/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/30/20.ARC 5354CInspections and Appeals Department[481]Adopted and FiledRule making related to food stands
The Inspections and Appeals Department hereby amends Chapter 30, “Food and Consumer Safety,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted 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 2020 Iowa Acts, House File 2238.Purpose and Summary These amendments implement changes made to Iowa Code chapter 137F resulting from the enactment of 2020 Iowa Acts, House File 2238. The legislation adds “a stand operated by a minor” to the list of things that are not considered to be a food establishment under the definition of “food establishment,” defines “stand operated by a minor,” and prohibits any regulatory authority from adopting or enforcing a rule requiring a license for a stand operated by a minor.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 4, 2020, as ARC 5263C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on December 9, 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 481—Chapter 6.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 February 3, 2021. The following rule-making actions are adopted:
ITEM 1. Amend rule 481—30.2(10A,137C,137D,137F), definition of “Food establishment,” as follows: "Food establishment" means an operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption and includes a food service operation in a salvage or distressed food operation, nutrition program operated pursuant to Title III-C of the Older Americans Act, school, summer camp, residential service substance abuse treatment facility, halfway house substance abuse treatment facility, correctional facility operated by the department of corrections, or the state training school. Assisted living programs and adult day services are included in the definition of food establishment to the extent required by 481—subrules 69.28(6) and 70.28(6). “Food establishment” does not include the following:- A food processing plant.
- An establishment that offers only prepackaged foods that are not time/temperature control for safety foods.
- A produce stand or facility which sells only whole, uncut fresh fruits and vegetables.
- Premises which are a home bakery pursuant to Iowa Code chapter 137D.
- Premises which operate as a farmers market if time/temperature control for safety foods are not sold or distributed from the premises.
- Premises of a residence in which food that is not a time/temperature control for safety food is sold for consumption off the premises to a consumer customer, if the food is labeled to identify the name and address of the person preparing the food and the common name of the food. This exception does not apply to resale goods. This exception applies only to sales made from the residence in person and does not include mail order or Internet sales.
- A kitchen in a private home where food is prepared or stored for family consumption or in a bed and breakfast home.
- A private home or private party where a personal chef or hired cook is providing food preparation services to a client and the client’s nonpaying guests.
- A private home that receives catered or home-delivered food.
- Child day care facilities and other food establishments located in hospitals or health care facilities that serve only patients and staff and are subject to inspection by other state agencies or divisions of the department.
- Supply vehicles or vending machine locations.
- Establishments that are exclusively engaged in the processing of meat and poultry and are licensed pursuant to Iowa Code section 189A.3.
- The following premises, provided they are exclusively engaged in the sale of alcoholic beverages in a prepackaged form:
- Premises covered by a current Class “A” beer permit, including a Class “A” native beer permit as provided in Iowa Code chapter 123;
- Premises covered by a current Class “A” wine permit, including a Class “A” native wine permit as provided in Iowa Code chapter 123; and
- Premises of a manufacturer of distilled spirits under Iowa Code chapter 123.
- Premises or operations that are exclusively engaged in the processing of milk and milk products, are regulated by Iowa Code section 192.107, and have a milk or milk products permit issued by the department of agriculture and land stewardship.
- Premises or operations that are exclusively engaged in the production of shell eggs, are regulated by Iowa Code section 196.3, and have an egg handler’s license.
- The premises of a residence in which honey is stored; prepared; packaged, including by placement in a container; or labeled or from which honey is distributed.
- Premises regularly used by a nonprofit organization which engages in the serving of food on the premises as long as the nonprofit organization does not exceed the following restrictions:
- The nonprofit organization serves food no more than one day per calendar week and not on two or more consecutive days;
- Twice per year, the nonprofit organization may serve food to the public for up to three consecutive days; and
- The nonprofit organization may use the premises of another nonprofit organization not more than twice per year for one day to serve food.
- A stand operated by a minor.
Rule making related to using ESG program funds to renovate emergency shelters
The Iowa Finance Authority hereby amends Chapter 42, “Emergency Solutions Grant Program,” 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 section 16.5.Purpose and Summary The Authority is the state agency charged with administering the Emergency Solutions Grant (ESG) program, a federal program funded and regulated by the U.S. Department of Housing and Urban Development (HUD). HUD regulations for ESG permit the renovation of emergency shelters for homeless shelters as an eligible activity. Rule 265—42.4(16) sets forth the eligible grant activities under the HUD program. Currently, rule 265—42.4(16), in the shelter category, only permits the operation of emergency shelters and the provision of essential services to homeless families and individuals. Historically, the Authority has received a relatively smaller annual allocation of funds, less than $3 million per year. In spring and summer 2020, the Authority received two supplemental allocations totaling approximately $20.9 million as part of the COVID-19 relief package. The Authority is adding renovation as a permitted activity because the need to renovate emergency shelters exists and the allocated funds are sufficient to award grant applications for renovation. The Authority awards funds through a competition and establishes the scoring criteria for prioritized activities for each competition cycle in accordance with funding levels and need. The Authority is also amending rule 265—42.5(16) to update an outdated statutory reference.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 7, 2020, as ARC 5219C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Authority on December 2, 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 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 February 3, 2021. The following rule-making actions are adopted:
ITEM 1. Amend rule 265—42.4(16) as follows:265—42.4(16) Eligible activities. Eligible activities may include only the following: 42.4(1) Street outreach. Provision of essential services necessary to reach out to unsheltered homeless people; to connect them with shelter, housing, or critical services; and to provide urgent, non-facility-based care to unsheltered homeless people who are unwilling or unable to access shelter, housing, or an appropriate health facility. 42.4(2) Shelter. Provision of essential services to homeless families and individuals in shelters, the renovation of buildings to be used as emergency shelters for homeless families and individuals, and the operation ofemergency shelters. 42.4(3) Prevention of homelessness. The provision of housing relocation and stabilization services, short- or medium-term rental assistance, or other financial assistance as necessary to prevent an individual or family from experiencing homelessness. 42.4(4) Rapid re-housing. The provision of housing relocation and stabilization services, short- or medium-term rental assistance, or other financial assistance as necessary to help an individual or family experiencing homelessness to move as quickly as possible into permanent housing and achieve stability in that housing. 42.4(5) Administrative costs. A subrecipient may use a portion of a grant received for administrative purposes as determined by IFA. IFA reserves the authority for distribution of administrative funds. 42.4(6) Homeless Management Information System (HMIS) projects. IFA may award grants for HMIS implementation to support data collection, reporting, and analysis as long as the total amount of such grants does not exceed 10 percent of the total Emergency Solutions Grant Program allocation. Eligible costs may include equipment, software, services, personnel, space, and operations for HMIS activities. IFA may in its discretion award such a grant, subject to the terms of this subrule, without regard to the application and review provisions of rules 265—42.6(16) and 265—42.7(16). Subrecipients of grants in support of other eligible activities listed in subrules 42.4(1) to 42.4(4) may also use a portion of such grants to support data collection and reporting using the HMIS or comparable database. ITEM 2. Amend rule 265—42.5(16) as follows:265—42.5(16) Ineligible activities. As a general rule, any activity that is not authorized under the provisions of P.L. 100-628the HEARTH Act of 2009 is ineligible to be carried out with ESG program funds. [Filed 12/4/20, effective 2/3/21][Published 12/30/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/30/20.ARC 5348CPharmacy Board[657]Adopted and FiledRule making related to administrative staff, service animals, equipment requirements, waivers, and a date extension
The Board of Pharmacy hereby amends Chapter 1, “Purpose and Organization,” Chapter 2, “Pharmacist Licenses,” Chapter 8, “Universal Practice Standards,” Chapter 13, “Telepharmacy Practice,” Chapter 16, “Nuclear Pharmacy Practice,” Chapter 26, “Petitions for Rule Making,” Chapter 34, “Rules for Waivers and Variances,” and Chapter 39, “Expanded Practice Standards,” 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, 2019 Iowa Acts, House File 766 and Senate File 341, and 2020 Iowa Acts, House Files 2627 and 2389.Purpose and Summary These amendments bring the Board’s rules in alignment with Iowa Code changes made during the 2019 and 2020 Legislative Sessions. The subjects of the Iowa Code changes include:
- Appropriate primary engineering control device to comply with rule 657—16.8(155A);
- Dose calibrator;
- Single-channel scintillation counter;
- Microscope;
- Incubator, or access to one;
- Radiation survey meter;
- Other equipment necessary for the radiopharmaceutical services provided as required by the board.
- The application of the rule would impose an undue hardship on the person for whom the waiver is requested;
- The waiver from the requirements of the rule in the specific case would not prejudice the substantial legal rights of any person;
- The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or another provision of law; and
- Substantially equal protection of public health, safety, and welfare will be afforded by a means other than that prescribed in the particular rule for which the waiver is requested.
Rule making related to patient information
The Board of Pharmacy hereby amends Chapter 8, “Universal Practice Standards,” and Chapter 21, “Electronic Data and Automated Systems in Pharmacy Practice,” 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 sections 147.76 and 155A.35.Purpose and Summary This rule making clarifies that patient information which is needed for a pharmacist to conduct drug utilization review shall be obtained and that the collection of such information can be delegated to a pharmacy technician or pharmacist-intern. This rule making also provides that an electronically transmitted prescription must include the telephone number where the prescriber can be contacted and updates a reference.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 29, 2020, as ARC 5115C. The Board received one comment from the Iowa Pharmacy Association in support of the amendments. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on November 17, 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 February 3, 2021. The following rule-making actions are adopted:
ITEM 1. Amend rule 657—8.21(155A) as follows:657—8.21(155A) Prospective drug use review. 8.21(1) For purposes of promoting therapeutic appropriateness and ensuring rational drug therapy, a pharmacist shall review the patient record, information obtained from the patient, and each prescription drug or medication order to identify: a. Overutilization or underutilization; b. Therapeutic duplication; c. Drug-disease contraindications; d. Drug-drug interactions; e. Incorrect drug dosage or duration of drug treatment; f. Drug-allergy interactions; g. Clinical abuse/misuse; h. Drug-prescriber contraindications.Upon recognizing any of the above, the pharmacist shall take appropriate steps to avoid or resolve the problem and shall, if necessary, include consultation with the prescriber.Information that shall be obtained for the purpose of drug utilization review includes, but is not limited to, a complete list of prescription and nonprescription medications being used by the patient, patient allergies, and patient disease states. The collection of patient information to be used for drug utilization review may be delegated to a pharmacy technician or pharmacist-intern. The review and assessment of patient records shall not be delegated to pharmacy technicians or pharmacy support persons but may be delegated to registered pharmacist-interns under the direct supervision of the pharmacist. 8.21(2) A pharmacist shall be exempt from the requirements of subrule 8.21(1) when dispensing a prescription issued to an unnamed patient for an oral antibiotic pursuant to Iowa Code section 139A.41. ITEM 2. Amend paragraph 21.6(1)"d" as follows: d. In addition to the information requirements for a prescription, an electronically transmitted prescription shall identify the transmitter’s telephone number for verbal confirmation,the telephone number where the prescriber can be contacted for timely consultation about patient care matters, the time and date of transmission, and the pharmacy intended to receive the transmission as well as any other information required by federal or state laws, rules, or regulations. ITEM 3. Amend subrule 21.7(3) as follows: 21.7(3) Schedule II controlled substances—long-term care facility patients. A prescription for any Schedule II controlled substance for a resident of a long-term care facility, as “long-term care facility” is defined in rule 657—23.1(155A)657—23.2(155A), may be transmitted by the prescriber or the prescriber’s agent to a pharmacy via facsimile. The prescription shall identify that the patient is a resident of a long-term care facility. [Filed 11/30/20, effective 2/3/21][Published 12/30/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/30/20.ARC 5349CPharmacy Board[657]Adopted and FiledRule making related to Schedules I and II controlled substances
The Board of Pharmacy hereby amends Chapter 10, “Controlled Substances,” and Chapter 11, “Drugs in Emergency Medical Service Programs,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 124.301.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 124.301.Purpose and Summary This rule making clarifies the expectation that a registrant’s perpetual inventory must at all times accurately reflect the actual on-hand inventory of the substances and simplifies the rule relating to the purchase of Schedule I or II controlled substances. Federal regulations were recently amended to allow a single-page order form for the purchase of Schedules I and II substances, but the regulations continue to allow the use of the prior triplicate order form for a period of time in addition to the electronic ordering process.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 29, 2020, as ARC 5114C. 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 November 17, 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 February 3, 2021. The following rule-making actions are adopted:
ITEM 1. Rescind rule 657—10.17(124) and adopt the following new rule in lieu thereof:657—10.17(124) Ordering or distributing Schedule I or II controlled substances. A registrant authorized to order or distribute Schedule I or II controlled substances shall do so only pursuant to and in compliance with DEA regulations via a DEA Form 222 or via the DEA Controlled Substances Ordering System (CSOS). ITEM 2. Amend rule 657—10.18(124) as follows:657—10.18(124) Schedule II perpetual inventory. Each registrant located in Iowa that maintains Schedule II controlled substances shall maintain a perpetual inventory system for all Schedule II controlled substances pursuant to this rule. All records relating to the perpetual inventory shall be maintained at the registered location and shall be available for inspection and copying by the board or its representative for a period of two years from the date of the record.The perpetual inventory shall accurately reflect the on-hand inventory of Schedule II substances, and the registrant is responsible for ensuring that the perpetual inventory record is accurate and matches the actual on-hand inventory at all times. 10.18(1) Record format. The perpetual inventory record may be maintained in a manual or an electronic record format. Any electronic record shall provide for hard-copy printout of all transactions recorded in the perpetual inventory record for any specified period of time and shall state the current inventory quantities of each drug at the time the record is printed. 10.18(2) Information included. The perpetual inventory record shall identify all receipts for and disbursements of Schedule II controlled substances by drug or by national drug code (NDC) number. The record shall be updated to identify each receipt, disbursement, and current balance of each individual drug or NDC number. The record shall also include incident reports and reconciliation records pursuant to subrules 10.18(3) and 10.18(4). 10.18(3) Changes to a record. If a perpetual inventory record is able to be changed, the individual making a change to the record shall complete an incident report documenting the change. The incident report shall identify the specific information that was changed including the information before and after the change, shall identify the individual making the change, and shall include the date and the reason the record was changed. If the electronic record system documents within the perpetual inventory record all of the information that must be included in an incident report, a separate report is not required. 10.18(4) Reconciliation. The registrant shall be responsible for reconciling or ensuring the completion of a reconciliation of the perpetual inventory balance with the physical inventory of all Schedule II controlled substances at least annually. In case of any discrepancies between the physical inventory and the perpetual inventory, the registrant shall be notified immediately. The registrant shall determine the need for further investigation, and significant discrepancies shall be reported to the board pursuant to rule 657—10.21(124) and to the DEA pursuant to federal DEA regulations. Periodic reconciliation records shall be maintained and available for review and copying by the board or its authorized agents for a period of two years from the date of the record. The reconciliation process may be completed using either of the following procedures or a combination thereof: a. The individual responsible for a disbursement verifies that the physical inventory matches the perpetual inventory following each disbursement and documents that reconciliation in the perpetual inventory record. If controlled substances are maintained on the patient care unit, the nurse or other responsible licensed health care provider verifies that the physical inventory matches the perpetual inventory following each dispensing and documents that reconciliation in the perpetual inventory record. If any Schedule II controlled substances in the registrant’s current inventory have been disbursed and verified in this manner within the year and there are no discrepancies noted, no additional reconciliation action is required. A perpetual inventory record for a drug that has had no activity within the year shall be reconciled pursuant to paragraph 10.18(4)“b.” b. A physical count of each Schedule II controlled substance stocked by the registrant shall be completed at least once each year, and that count shall be reconciled with the perpetual inventory record balance. The physical count and reconciliation may be completed over a period of time not to exceed one year in a manner that ensures that the perpetual inventory and the physical inventory of Schedule II controlled substances are annually reconciled. The individual performing the reconciliation shall record the date, the time, the individual’s initials or unique identification, and any discrepancies between the physical inventory and the perpetual inventory. ITEM 3. Rescind rule 657—11.27(124,147A,155A) and adopt the following new rule in lieu thereof:657—11.27(124,147A,155A) Ordering Schedule II controlled substances—medical director-based service programs. A registrant authorized to order or distribute Schedule II controlled substances shall do so only pursuant to and in compliance with DEA regulations via a DEA Form 222 or via the DEA Controlled Substances Ordering System (CSOS). [Filed 11/30/20, effective 2/3/21][Published 12/30/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/30/20.ARC 5346CPharmacy Board[657]Adopted and FiledRule making related to controlled substances and precursor substances
The Board of Pharmacy hereby amends Chapter 10, “Controlled Substances,” and Chapter 12, “Precursor 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 124B.2 and 2020 Iowa Acts, Senate File 2119.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 124.201 and 124B.2 and 2020 Iowa Acts, Senate Files 2119 and 2357.Purpose and Summary These amendments:
Rule making related to temporary designation of controlled substances
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 124.201A and 2020 Iowa Acts, Senate File 2119.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 124.201 and 124.201A and 2020 Iowa Acts, Senate File 2119.Purpose and Summary These amendments to rule 657—10.39(124) make temporary amendments to the Iowa Code for scheduling action in the Iowa Controlled Substances Act (CSA) to match similar action taken by the federal Drug Enforcement Administration. The amendments add one substance (synthetic opioid) to Schedule I and remove Food and Drug Administration-approved cannabidiol products containing less than 0.1 percent tetrahydrocannabinol (THC) from Schedule V.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 23, 2020, as ARC 5195C. The Board received one comment from the Consumer Healthcare Products Association, which expressed concern that the removal of FDA-approved cannabidiol products containing no more than 0.1 percent THC from Schedule V of the Iowa CSA would cause confusion in the marketplace since the December 2018 Agriculture Improvement Act (“2018 Farm Bill”) declared any cannabidiol product containing no more than 0.3 percent THC no longer a controlled substance. While the commenter is accurate regarding the 2018 Farm Bill’s declaration of cannabidiol products, this amendment simply removes from the Iowa CSA the specific language that is in direct conflict with federal law and meant to conform to the federal CSA. A change from the Notice has been made to update the subrule numbers in order to account for a change in rule 567—10.39(124), which was rescinded and adopted new in ARC 5346C, IAB 12/30/20. Also, a change from the Notice has been made to remove the references to 2020 Iowa Acts, Senate File 2119, because that legislation has since been codified in the 2021 Iowa Code.Adoption of Rule Making This rule making was adopted by the Board on November 17, 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 February 3, 2021. The following rule-making actions are adopted:
ITEM 1. Adopt the following new subrule 10.39(4): 10.39(4) Amend Iowa Code section 124.212 by rescinding subsection 6. ITEM 2. Adopt the following new subrule 10.39(5): 10.39(5) Amend Iowa Code section 124.204(9) by adding the following new paragraph: ay. N,N-diethyl-2-(2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine , its isomers, esters, ethers, salts and salts of isomers, esters and ethers (other names: isotonitazene; N,N-diethyl-2-[[4-(1-methylethoxy)phenyl]methyl]-5-nitro-1H-benzimidazole-1-ethanamine). [Filed 11/30/20, effective 2/3/21][Published 12/30/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/30/20.ARC 5352CPharmacy Board[657]Adopted and FiledRule making related to radiopharmaceuticals
The Board of Pharmacy hereby amends Chapter 16, “Nuclear Pharmacy Practice,” 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 147.76.Purpose and Summary This amendment requires nuclear pharmacies to comply with the minimum standards identified in United States Pharmacopeia General Chapter 825, which applies to radiopharmaceuticals and will be effective December 1, 2020.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 23, 2020, as ARC 5194C. The Board received one comment, which was in support of the amendment but suggested a grace period for compliance. Given the limited number of nuclear pharmacies impacted by the amendment and the Board’s established waiver process available, the Board declined the suggested revision. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on November 17, 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 February 3, 2021. The following rule-making action is adopted:
ITEM 1. Amend subrule 16.4(6) as follows: 16.4(6) Compliance with laws. Nuclear pharmacies shall comply with all applicable laws and regulations of federal and state agencies, including those laws and regulations governing nonradioactive drugs.Nuclear pharmacies shall comply with all standards identified in United States Pharmacopeia General Chapter 825. [Filed 11/30/20, effective 2/3/21][Published 12/30/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/30/20.ARC 5351CPharmacy Board[657]Adopted and FiledRule making related to accreditation
The Board of Pharmacy hereby amends Chapter 17, “Wholesale Distributor Licenses,” and Chapter 43, “Third-Party Logistics Provider Licenses,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 155A.17 and 155A.17A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 155A.17 and 155A.17A.Purpose and Summary These amendments allow wholesale distributors and third-party logistics providers (3PL) that are seeking initial or renewal licensure in Iowa to attain accreditation through the National Coalition for Drug Quality and Security (NCDQS), the National Association of Boards of Pharmacy (NABP), or another board-approved accreditation program. These amendments also recognize the updated name of the NABP drug distributor accreditation program.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 9, 2020, as ARC 5171C. The Board received numerous comments, overwhelmingly suggesting that the Board allow accreditation by NCDQS as a permanent alternative to NABP instead of the originally proposed alternative only for initial licensure. Commenters noted that the standards required to attain NCDQS accreditation are substantially equivalent to those required by NABP. The Board determined that drug supply chain security, and thus public safety, can be reasonably assured with either accreditation. In response to the comments, the amendments were updated to reflect that either accreditation would meet the minimum standard for initial licensure or renewal. The Board also determined that additional accreditation programs may be initiated and added language to allow future accreditation programs, if approved by the Board, to be equivalent.Adoption of Rule Making This rule making was adopted by the Board on November 17, 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 February 3, 2021. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 17.3(1)"c" as follows: c. Evidence of current verified-accredited wholesale distributors (VAWD)drug distributor accreditation by the National Association of Boards of Pharmacy(NABP), the National Coalition for Drug Quality and Security (NCDQS), or another accreditation body approved by the board. This requirement does not apply to new applicants located in Iowa which must undergo an opening inspection by a board compliance officer or agent of the board prior to issuance of an initial license. Wholesale distributors located in Iowa shall provide evidence of VAWDdrug distributor accreditation on or before license renewal. ITEM 2. Amend subrule 43.3(1) as follows: 43.3(1) Application. The applicant shall complete an application which requires demographic information about the 3PL, ownership information, information about the 3PL’s registered agent located in Iowa, information about the 3PL’s licensure or registration with other state and federal regulatory authorities, criminal and disciplinary history information, and a description of the scope of services to be provided in Iowa. If the applicant is not located in Iowa, the applicant shall submit evidence that the applicant has a valid license or registration in the home state or provide evidence that the home state does not require licensure. The applicant shall provide evidence of current verified-accredited wholesale distributors (VAWD)drug distributor accreditation by the National Association of Boards of Pharmacy(NABP), the National Coalition for Drug Quality and Security (NCDQS), or another accreditation body approved by the board. This requirement does not apply to new applicants located in Iowa which must undergo an opening inspection by a board compliance officer or agent of the board prior to issuance of an initial license pursuant to subrule 43.3(3). 3PL distributors located in Iowa shall provide evidence of VAWDdrug distributor accreditation on or before license renewal. An application for a 3PL license, including an application for registration pursuant to 657—Chapter 10, if applicable, will become null and void if the applicant fails to complete the licensure process, including opening for business, within six months of receipt by the board of the required application(s). [Filed 11/30/20, effective 2/3/21][Published 12/30/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/30/20.ARC 5344CTransportation 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 sections 321.34 and 321.166.Purpose and Summary This rule making updates Chapter 401 to conform the rules with 2020 Iowa Acts, House File 2641, section 155, which amends Iowa Code section 321.34, and 2020 Iowa Acts, House File 2641, section 156, which amends Iowa Code section 321.166, to provide for the creation of the new “flying our colors” license plates. These amendments also make a technical change to remove the prohibition against allowing the number zero to be used on personalized license plates. Currently, the number zero may be used on county standard license plates, so this proposed amendment allows customers an additional character choice when requesting personalized license plates.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 21, 2020, as ARC 5232C. The Department did receive one comment in support of the change to allow the number zero to be used on personalized license plates. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on December 8, 2020.Fiscal Impact This rule making has no fiscal impact beyond the impact estimated by the Legislative Services Agency (LSA) for Senate File 2181, which originally proposed implementation of the new “flying our colors” license plate. The LSA calculated the fiscal impact would increase revenue to the Flood Mitigation Fund by $61,250 in FY 2021 and $70,000 in FY 2022.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 February 3, 2021. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 401.2(1)"b" as follows: b. Application for blackout plates, collegiate plates,flying our colors plates, personalized plates, and special registration plates that have eligibility requirements must be submitted to the department in a manner prescribed by the department. Unless otherwise specified, completed applications for these plates shall be submitted to the department at the following address: Vehicle and Motor Carrier Services Bureau, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306-9278. Applications may be obtained from the vehicle and motor carrier services bureau or from any county treasurer’s office. Applications 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 for blackout plates, collegiate plates,flying our colors plates, personalized plates, and special registration plates that have eligibility requirements may be purchased using the prescribed plate application. Gift certificates for special registration plates that counties have in their inventories may be purchased from county treasurers’ offices. ITEM 3. Amend paragraph 401.6(2)"a" as follows: a. The characters “A” to “Z” and “1”“0” to “9” may be used. Zeros shall not be used. ITEM 4. Adopt the following new rule 761—401.14(321):761—401.14(321) Flying our colors plates. 401.14(1) Application. Application for flying our colors plates shall be submitted to the department in a manner prescribed by the department. The applicant may request letter-number designated flying our colors plates or personalized flying our colors plates. Flying our colors plates are available for autocycles, motor trucks, motor homes, multipurpose vehicles, motorcycles, trailers and travel trailers. 401.14(2) Characters. Personalized flying our colors plates shall be issued in accordance with subrule 401.6(2). ITEM 5. Amend 761—Chapter 401, implementation sentence, as follows: These rules are intended to implement Iowa Code sections 35A.11,; 321.34,as amended by 2020 Iowa Acts, House File 2641, section 155; 321.105,; 321.166as amended by 2020 Iowa Acts, House File 2641, section 156; and 321L.1 and chapter 17A. [Filed 12/8/20, effective 2/3/21][Published 12/30/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/30/20.ARC 5345CTransportation Department[761]Adopted and FiledRule making related to salvage motor vehicles
The Department of Transportation hereby amends Chapter 405, “Salvage,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12, 321.52 and 321.69.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 321.52 and 321.69.Purpose and Summary This rule making relates to titling and registration of salvage motor vehicles and aligns with existing legal authority and Department practice. Iowa Code section 321.52 and 761—Chapter 405 provide a specific process for obtaining a regular certificate of title for a wrecked or salvage vehicle that has been rebuilt, including undergoing a salvage theft examination. A regular certificate of title is necessary before a rebuilt vehicle may be transferred to a new purchaser. Title brands. These amendments remove outdated language that no longer appears on the title as well as conform to current Department practice of the system printing the brand on the title, rather than the title being physically stamped. These amendments also address the fact that Iowa is the only state that prints the “prior salvage” designation on the title rather than using the “rebuilt” designation. While these two phrases mean the same thing, other states do not recognize the “prior salvage” designation and it can sometimes cause confusion. Changing the title designation in Iowa to “rebuilt” rather than “prior salvage” will ensure consistency with other states and make the process more efficient because there will be less need for follow-up clarifications. Finally, these amendments conform the rules related to the titles for foreign vehicles to the amendments to utilize the designation “rebuilt” rather than “prior salvage,” but still account for times when a record check for a foreign vehicle may reflect that the vehicle was previously titled in Iowa under a “prior salvage” designation. Salvage theft examinations. These amendments address the process for converting a salvage title to a regular title to reflect the current practice of notating in the computer system when a salvage theft examination is complete, rather than issuing a physical certificate of completion. These amendments also do the following: