Proposing rule making related to financial provisions for mental health and disability services regions and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 25, “Disability Services Management,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 331.392.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 331.392.Purpose and Summary 2020 Iowa Acts, House File 2643, amended Iowa Code section 331.392 to require mental health and disability services (MHDS) regions to include in their regional governing agreement the method for allocating their cash flow amount if a county leaves the region. This proposed rule making requires a region’s cash flow amount to be divided by the percentage of each county’s population and allocated to the counties.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). Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 3, 2021. Comments should be directed to: Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.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 action is proposed:
ITEM 1. Amend subrule 25.14(3) as follows: 25.14(3) Financial provisions. The financial provisions of the regional governance agreement shall include all of the following: a. Methods for pooling, managing and expending funds under control of the regional administrative entity. If the agreement does not provide for pooling of the participating county moneys in a single fund, the agreement shall specify how the participating county moneys will be subject to the control of the regional administrative entity. b. Methods for allocating administrative funding and resources. c. Methods for allocating a region’s cash flow amount in the event a county leaves the region. A region’s cash flow amount shall be divided by the percentage of each county’s population according to the region’s population indicated in the region’s annual service and budget plan and shall be allocated to the counties. c. d. Methods for contributing initial funds to the region. d. e. Methods for acquiring or disposing of real property. e. f. The process for how to use savings achieved for reinvestment. f. g. A process for performance of an annual independent audit of the regional administrator.ARC 5765CInsurance Division[191]Notice of TerminationTerminating rule making related to fees
The Insurance Division hereby terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on March 10, 2021, as ARC 5499C, proposing to amend Chapter 5, “Regulation of Insurers—General Provisions,” Chapter 10, “Insurance Producer Licenses and Limited Licenses,” Chapter 20, “Property and Casualty Insurance,” Chapter 35, “Accident and Health Insurance,” Chapter 50, “Regulation of Securities Offerings and Those Who Engage in the Securities Business,” Chapter 100, “Sales of Cemetery Merchandise, Funeral Merchandise and Funeral Services,” Chapter 101, “Burial Sites and Cemeteries,” Chapter 102, “Iowa Retirement Facilities,” and Chapter 103, “Residential and Motor Vehicle Service Contracts,” Iowa Administrative Code. Legal Authority for Rule Making The above-mentioned rule making is terminated under the authority provided in Iowa Code sections 502.304A, 502.321G, 502.410, 509A.15, 511.24, 512B.24, 512B.25, 515.147, 515A.6, 515A.10, 515F.8, 520.12, 521.18, 522A.5, 522E.4, 523A.204, 523A.501, 523A.502A, 523A.812, 523A.814, 523C.3, 523C.4, 523C.24, 523D.2A, 523I.808 and 523I.813.Purpose and Summary The Division intended to move the licensing and related fees from statute to rules in order to permit more regular updating of the fee amounts. The proposed fee amounts were the same as currently set in statute except for the following fees: (1) the examination fee for perpetual care cemeteries would have increased from $5 per certificate to $10 per certificate, (2) a late fee for preneed sellers’ and sales agents’ filing of annual reports would have been added, (3) a late fee for perpetual care cemeteries’ filing of annual reports would have been added, and (4) the motor service contract fee would have been reduced. Examination fee: The Division proposed to increase the examination fee from $5 to $10. This fee was established in 2005 with the enactment of the Iowa Cemetery Act. These fees are charged to perpetual care cemeteries. The cemeteries are allowed to assess the purchaser of burial plots for these fees. Annual revenues are $23,000. These fees are deposited into the Enforcement Fund, which is used in part to provide funds for the operating of cemetery receiverships. Late fees: The Division proposed to add a $5 per day late fee for preneed sellers, sales agents, and perpetual care cemeteries that file their annual report after the filing deadline. The Division has been unable to secure reasonable compliance with these filing requirements, with increased noncompliance over the past three years. This increasing noncompliance has taken two forms: more filers filing after the deadline and more filers requiring more outreach from the Division. Under the current statute, requests are followed by reminders escalating to subpoenas, and some noncompliance has been referred to the Division’s Enforcement Bureau. The Enforcement Bureau can pursue legal actions including warning letters, subpoenas, and formal statements of charges. The goal of the new late fees was to bring more filers into compliance without the additional staff time and expense currently expended seeking compliance. Motor vehicle fee: The motor vehicle service contract fee was proposed to be reduced from $50 to $35 per contract. Due to new legislation, the entire motor vehicle fee structure was modified. The calculation of fees that changed in 2019 resulted in a $40,000 increase of revenue in 2020. The increase of revenue is attributable to more than new market entrants. The Division proposed to decrease the fee in order to be revenue-neutral, taking into account the other changes made in 2019. Reason for Termination The Division is terminating this rule making because the proposed movement of fee amounts from statute to rules was not included in the passed legislation. The proposed fee amount changes were included in the passed legislation. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.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).
ARC 5778CNursing Board[655]Notice of Intended ActionProposing rule making related to licensed practical nurses at opioid treatment medication units and providing an opportunity for public comment
The Board of Nursing hereby proposes to amend Chapter 6, “Nursing Practice for Registered Nurses/Licensed Practical Nurses,” 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 chapter 152.Purpose and Summary Board rules currently require that health care clinics that utilize licensed practical nurses (LPNs) must have another provider (a registered nurse (RN), an advanced registered nurse practitioner, or a physician) physically present in the proximate area at all times. In May of 2021, the Board received a petition for waiver of the proximate-area requirement for opioid treatment medication units, which were often staffed by LPNs. After review of opioid treatment programs and medication units and the tasks performed in the unit by LPNs, the Board granted the waiver and believes the rule should be amended to add an exception for these facilities. This proposed rule making adds new subparagraph 6.3(11)“f”(2) to allow LPNs to work in opioid treatment medication units without having another provider physically present in the proximate area so long as a registered nurse assesses the LPN’s competency and is available at all times for consultation. The Board believes opioid treatment programs and medication units provide critical services in response to the opioid crisis and LPNs may safely treat patients without having another provider physically present in the proximate area so long as a registered nurse is available at all times for consultation. This rule making also eliminates now-superfluous language within subparagraph 6.3(11)“f”(1).Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact This rule making will likely have a positive impact on jobs. During waiver proceedings, the Board was informed that it is not always feasible to have an RN physically present, and thus, these units could not remain open during periods when an RN could not be present. By eliminating the proximate-area requirement for these units, they will remain open and operational with opportunities for LPN staffing.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 655—Chapter 15.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 August 3, 2021. Comments should be directed to: Kathy Weinberg Iowa Board of Nursing 400 S.W. Eighth Street, Suite B Des Moines, Iowa 50309 Email: kathy.weinberg@iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: August 3, 2021 10 to 11 a.m. Board Office, Suite B 400 S.W. Eighth Street Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the 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 paragraph 6.3(11)"f" as follows: f. Health care clinics, except: (1) The licensed practical nurse shall be permitted to conduct height, weight and hemoglobin screening and record responses to health questions asked in a standardized questionnaire under the supervision of a registered nurse in a Women, Infants and Children (WIC) clinic. A registered nurse employed by or undera contract towith the WIC agency will assess the competency of the licensed practical nurse to perform these functions and willmust be available for consultation. The licensed practical nurse is responsible for performing under the scope of practice for licensed practical nurses and requesting registered nurse consultation as needed. This exception to the proximate area requirement is limited to WIC clinics and to the services permitted in this subrule. (2) Reserved.The licensed practical nurse shall be permitted to provide care, including but not limited to dispensing medications such as methadone, buprenorphine, and naltrexone, in opioid treatment program facilities and opioid treatment medication units. A registered nurse employed by or under a contract with the opioid treatment program or opioid treatment medication unit will assess the competency of the licensed practical nurse to dispense medications and must be available for consultation at all times. The licensed practical nurse is responsible for requesting registered nurse consultation as needed.ARC 5780CPublic Safety Department[661]Notice of Intended ActionProposing rule making related to human trafficking prevention training and reporting and providing an opportunity for public comment
The Public Safety Department hereby proposes to adopt a new Chapter 29, “Human Trafficking Prevention Training—Lodging Providers,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 80.45A(7).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 80.45A.Purpose and Summary The purpose of this proposed rule making is to implement the human trafficking prevention training and reporting for employees of Iowa lodging providers, as required in order to accept public funds for lodging, conferences, meetings, etc. The Act codified in Iowa Code section 80.45A was enacted by the Legislature in the 2020 Legislative Session to assist in the accurate and prompt identification, reporting, and response by lodging providers to suspected human trafficking.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to the 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 August 3, 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 action is proposed:
ITEM 1. Adopt the following new 661—Chapter 29: CHAPTER 29HUMAN TRAFFICKING PREVENTION TRAINING—LODGING PROVIDERS661—29.1(80) Definitions. The definitions in Iowa Code section 80.45A(1) are adopted and incorporated herein.661—29.2(80) Establishment of training program. The department of public safety’s human trafficking prevention training program certifies a lodging provider’s voluntary completion of human trafficking prevention training. The program is established pursuant to Iowa Code section 80.45A. No lodging provider may accept public funds from a public employer or public employee without first receiving certification by the commissioner.661—29.3(80) Human trafficking prevention training program content. In order to receive approval by the commissioner, human trafficking prevention training shall include, at a minimum, all of the following: 29.3(1) A general overview of human trafficking. 29.3(2) A general overview of state law on human trafficking. 29.3(3) The definition of human trafficking and the commercial exploitation of children. 29.3(4) Guidance on the difference between labor trafficking and sex trafficking. 29.3(5) Guidance on how to recognize potential human trafficking victims. 29.3(6) Guidance on how to recognize potential human traffickers. 29.3(7) Guidance on how to identify activities commonly associated with human trafficking. 29.3(8) Safe and effective responses to human trafficking situations, including but not limited to how to report suspected human trafficking to proper law enforcement officials. 661—29.4(80) Training providers. 29.4(1) Training. Human trafficking prevention training that meets the criteria of rule 661—29.3(80) may be offered by the office to combat human trafficking, a governmental agency, or a nongovernmental agency or community organization that has expertise in the area of human trafficking and approval by the commissioner. A list of certified training providers is maintained on the office to combat human trafficking website. 29.4(2) Approval process for organizations. Organizations shall not issue human trafficking prevention training certifications to lodging providers for purposes of this rule prior to receiving approval by the commissioner. To receive approval to conduct a training program, a training provider must apply through the office to combat human trafficking website and provide sufficient information to establish the training program meets the requirements of rule 661—29.3(80).661—29.5(80) Certification for lodging providers and their employees. Beginning January 1, 2022, lodging providers, in order to accept public funds for any of the purposes stated in Iowa Code section 80.45A(5)“c,” must complete and certify to the commissioner that each of the lodging provider’s employees has completed human trafficking prevention training. All current, certified lodging providers are listed on the office to combat human trafficking website. 29.5(1) Application. Any lodging provider seeking certification of completed human trafficking prevention training shall submit a completed application form to the office to combat human trafficking website. The online application form shall not be considered complete unless all required information is submitted, including verification of employee training certificates, and shall not be processed until it is complete.Note: The website for human trafficking prevention training and certification for employees, lodging providers, and training providers is www.stophtiowa.org. 29.5(2) Fee. There is no fee for lodging providers to request or renew a trafficking prevention training certification. Approved organizational training providers, under subrule 29.4(2), may charge fees for training programs; however, lodging providers are under no obligation to utilize such training providers. 29.5(3) Maintenance of records. Lodging providers shall maintain up-to-date human trafficking prevention training certification records on all current employees, at all times, in order to maintain a valid certification. A lodging provider shall produce employee human trafficking training records and complete employee lists upon request by the office to combat human trafficking at any time. 29.5(4) Revocation. The commissioner has authorized the office to combat human trafficking to revoke a lodging provider’s certification at any time. If all employees of a certified lodging provider fail to renew their trainings every three years, the office to combat human trafficking shall remove the lodging provider from the approved list of providers and revoke the lodging provider’s certification. Failure to maintain records of individual employee certifications may result in the revocation of a lodging provider’s certification. 29.5(5) Certification expiration. All human trafficking training prevention certificates issued by the office to combat human trafficking shall bear an expiration date. All employees of a certified lodging provider must complete approved human trafficking prevention training every three years for the lodging provider to maintain a valid certification and to receive public funds. 29.5(6) Grace periods. Lodging providers are responsible for ensuring lodging certifications are current and valid, and that new employees successfully complete human trafficking prevention training. Employees shall have a grace period of 30 days from when their previous training certificate expires to complete a new, approved training. Certificates expire three years from the date on which they were issued. a. Lodging providers. The application shall be filed no later than 30 days after beginning operation in this state or the date on which an existing training certification expires. b. Employees of lodging providers. The application shall be filed no later than 30 days after the date of hire or the date on which an existing training certification expires. These rules are intended to implement Iowa Code section 80.45A.ARC 5781CRevenue Department[701]Notice of Intended ActionProposing rule making related to motions to redact certain information and providing an opportunity for public comment
The Revenue Department hereby proposes to amend Chapter 6, “Organization, Public Inspection,” and Chapter 7, “Practice and Procedure Before the Department of Revenue,” 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 sections 422.20 and 422.72.Purpose and Summary In its 2020 Legislative Session, the Legislature amended Iowa Code sections 422.20 and 422.72 to explicitly allow those filing protests with the Department to move for certain information to be redacted prior to release in response to a public records request. These proposed amendments outline the procedure a taxpayer will follow to file the motion and the requirements thereof.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 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 August 3, 2021. Comments should be directed to: Abigail Sills Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.336.1140 Email: abigail.sills@iowa.gov 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 paragraph 6.1(3)"b" as follows: b. Regional offices.Regional offices do not have facilities for making available all matters that are available for public inspection under 701—6.2(17A)Iowa Code chapter 17A or 22. The regional offices and auditors do have copies of all rules and will make them available to the public. Members of the public needing forms or needing assistance in filling out forms are encouraged to contact the principal office. ITEM 2. Rescind and reserve rule 701—6.2(17A). ITEM 3. Amend rule 701—7.9(17A) as follows:701—7.9(17A) Identifying details, requests for redaction. 7.9(1) Information redacted by the department, subject to certain exceptions. Any person may file a motion to delete identifying details concerning the person from any document relating to any proceeding as defined in rule 701—7.2(421,17A) prior to disclosure to members of the public. Such a motion must be filed with the clerk of the hearings section if the motion is filed prior to the commencement of a contested case, which is before the notice for hearing is issued. If the motion is filed during a contested case proceeding pending before an administrative law judge and before the administrative law judge has entered a proposed decision on the case or has entered a closing order, the motion must be filed with and ruled upon by the administrative law judge. Otherwise, the motion must be filed with the clerk of the hearings section and ruled upon by the director. The motion shall be filed simultaneously with the presentation of the privacy or trade secret information under circumstances whereby the information may be disclosed to the public and before the issuance of any opinion, order or decision.Prior to being made available for public inspection, the department shall redact from an appeal or contested case the information required to be redacted in Iowa Code sections 422.20(5) and 422.72(8). “Make available for public inspection” means disclosure to the public by the department pursuant to Iowa Code section 17A.3 or chapter 22. 7.9(2) Process for requesting redaction of other details from a pleading, exhibit, attachment, motion, or written evidence. If the motion concerns information which is not a part of a contested case, the motion shall be in the form of a request to delete identifying details; if part of a contested case, the motion shall be in the form of a motion to delete identifying details. All motions to delete identifying details shall conform to subrule 7.17(5).If a taxpayer desires information contained in a record, other than the information described in Iowa Code sections 422.20(5)“a” and 422.72(8)“a,” to be redacted prior to public inspection, the taxpayer must file a motion and affidavit meeting the requirements below. a. Process for filing a motion for redaction of other details during a contested case.Motions for redaction of other details from a pleading, exhibit, attachment, motion or written evidence filed after the notice of hearing is issued in a contested case must follow the requirements in subrule 7.17(5). b. Process for filing a motion for redaction of other details prior to the commencement of a contested case.Motions for redaction of other details from a pleading, exhibit, attachment, motion or written evidence filed prior to a contested case must be filed with the clerk of the hearings section of the department. The motion must be filed separately from the protest described in subrule 7.8(6). a. c. Contents of motion.The motionMotions filed under this rule, including those filed during contested cases, shall contain the following: (1) The name of the person requesting deletionredaction and the docket number of the proceeding, if applicable;. (2) The legal basis for the motion for deletion, which is either that release of the material would be a clearly unwarranted invasion of personal privacy or the material is a trade secret. A corporation may not claim an unwarranted invasion of privacy;Clear and convincing evidence that the disclosure would reveal a trade secret or would constitute a clear, unwarranted invasion of personal privacy. Corporations, limited liability companies, other business entities (including but not limited to partnerships and joint ventures), and trusts do not have protectible personal privacy interests. (3) AAn unredacted copy of the document containing the information at issue and also a copy of the document with the desired redaction made. If a copy of the document is not in the possession of the taxpayer, the motion must contain a precise description of the document, report, or other material in the possession of the department from which the deletionredaction is sought and a precise description of the information to be deletedredacted. If deletionredaction is sought from more than one document, each document and the materialsinformation sought to be deleted from itredacted shall be listed in separate paragraphs. Also contained in each separate paragraph shall be a statement of the legal basis for the deletion requested in that paragraph, which is that release of the material sought to be deleted is a clearly unwarranted invasion of privacy or the material is a trade secret and the material serves no public purpose. (4) For each item for which redaction is requested, an explanation of the legal basis for the redaction requested, including an explanation of why the release of the information sought to be redacted is a clear, unwarranted invasion of personal privacy or a trade secret. b. (5) An affidavit in support of deletion must accompany each motionredaction. The affidavit must: 1. beBe sworn to by a person familiar with the facts asserted within it and shall contain a clear and concise explanation of the facts justifying deletionredaction, not merely the legal basis for deletionredaction or conclusionaryconclusory allegations. c. 2. All affidavits shall containContain a general and truthful statement that the information sought to be deletedredacted is not available to the public from any source or combination of sources, direct or indirect, and a general statement that the release would serve no public purpose. d. Burden of proof.The burden of showing that deletionredaction is justified shall be on the movant. The burden is not carried by mere conclusionaryconclusory statements or allegations, for example, that the release of the material would be a clearlyclear, unwarranted invasion of personal privacy or that the material is a trade secret. e. Contested case proceeding.That the matterinformation sought to be deletedredacted is part of the pleadings, motions, evidence, and the record in a contested case proceeding otherwise open for public inspection and that the matter would otherwise constitute confidential tax information shall not be grounds for deletion (1992 Op. IA Att’y Gen. 1)redaction. f. The ruling on the motion shall be strictly limited to the facts and legal bases presented by the movant, and the ruling shall not be based upon any facts or legal bases not presented by the movant. 7.9(3) Process for requesting redaction of other details in a final order, decision, or ruling. Motions to redact information from a final order, decision, or ruling cannot be made until the order is issued and must be made within 30 days of the date of the order, decision, or ruling. The taxpayer must follow the requirements in paragraph 7.9(2)“c” and subrule 7.17(5). The department shall have 30 days to respond to the motion from the date the department’s representatives receive notice from the presiding officer, unless otherwise ordered by the presiding officer. 7.9(4) Rulings. Motions filed with the clerk of the hearings section will be ruled on by the director. Motions filed with the administrative law judge will be ruled on by the administrative law judge. In the case of motions before the director prior to contested case proceedings, the department may respond in writing to a motion on the request of the director or upon the initiative by department staff. 7.9(5) Limitation on motions. If the motion or request is denied, the movant may not submit a motion to redact the same identifying details unless the movant is in possession of new information that may support the requested redaction(s) that the movant was not or could not have been aware of at the time of the original motion. 7.9(6) Handling of the file while the motion is pending. During the pendency of a motion, unless otherwise required or permitted by law, the department will treat the motion as if it has been granted and will not publicly release any information pursuant to Iowa Code chapter 22 or 17A sought to be kept confidential by the taxpayer. This rule is intended to implement Iowa Code chapter 17Aand sections 422.20(5) and 422.72(8). ITEM 4. Amend subparagraph 7.17(5)"e" as follows: (4) Motion to deletefor redaction of identifying details in the decision.For more information, see rule 701—7.9(17A).ARC 5782CRevenue Department[701]Notice of Intended ActionProposing rule making related to vehicles subject to registration and providing an opportunity for public comment
The Revenue Department hereby proposes to rescind Chapter 34, “Vehicles Subject to Registration,” Iowa Administrative Code, and to adopt a new Chapter 34 with the same title.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 321.105A as amended by 2021 Iowa Acts, Senate File 366.Purpose and Summary In 2008, the Legislature moved the then-use tax imposed on vehicle registration to Iowa Code section 321.105A and renamed it the “fee for new registration.” The Iowa Department of Revenue (IDR) and the Iowa Department of Transportation (DOT) often field questions about confusing provisions from taxpayers seeking to register their vehicles as well as from county treasurers tasked with collecting the fee. IDR received input from DOT before submitting revisions to Iowa Code section 321.105A to the Legislature. The revisions were included in 2021 Iowa Acts, Senate File 366, which was enacted by the Legislature, was signed into law by Governor Reynolds, and became effective July 1, 2021. IDR’s existing rules on vehicle registration have not been updated since the 2008 legislation noted above and thus are out of date and in need of revision. IDR prepared this proposed rule making in conjunction with the legislative changes enacted in 2021 Iowa Acts, Senate File 366. This proposed new Chapter 34 is significantly updated from the existing chapter and includes many examples to provide guidance for taxpayers looking to register a vehicle and for country treasurers collecting the fee. Once these rules are in effect, all parties should discontinue the use of the UT-510 manual as guidance and refer to these rules instead.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. There was no fiscal note for 2021 Iowa Acts, Senate File 366.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 August 3, 2021. Comments should be directed to: Tim Reilly Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.782.0535 Email: tim.reilly@iowa.gov Public Hearing If requested, a public hearing at which persons may present their views orally or in writing will be held as follows: August 3, 2021 2 to 3 p.m.Via video/conference call Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Rescind 701—Chapter 34 and adopt the following new chapter in lieu thereof: CHAPTER 34VEHICLES SUBJECT TO REGISTRATION701—34.1(321) Definitions. "Dealer" means the same as defined in Iowa Code section 321.1(17). "Directly and primarily used in recycling" means the same as defined in rule 701—230.19(423). "Optional service agreement" means an arrangement to prepay or pay for a predetermined price for future vehicle services, including but not limited to oil changes and tire rotation. "Regular course of business" means the activities that a person normally engages in as part of managing the person’s trade or business. If referring to a dealer licensed under Iowa Code section 322.7, “regular course of business” further includes only the make or makes of new vehicles listed on the dealer’s license. "Single-member LLC" means a limited liability company (LLC) of which income is reported on Schedule C of the owner’s personal income tax return. A single-member LLC shall be treated as a sole proprietorship. "Vehicle protection package" means services including but not limited to exterior paint protection; interior fabric, leather, and vinyl protection; rust proofing; and undercoating that are purchased at the time the vehicle is purchased. "Vehicle subject to registration" means any vehicle subject to registration pursuant to Iowa Code section 321.18. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.2(321) Purchase price. 34.2(1) “Purchase price” means the same as defined in Iowa Code section 321.105A(2)“a” and does not include: a. Cash discounts. b. Allowances for the trade-in of a vehicle subject to registration, as further outlined in rule 701—34.3(321). c. Gasoline, if separately itemized. d. Fees imposed by the dealer for document processing, commonly known as “doc fees.” e. Any manufacturer’s cash rebate to a purchaser which is applied to the purchase price of a vehicle. f. Optional service agreements, if separately itemized. g. Vehicle protection plans, if separately itemized. h. Costs listed under Iowa Code section 423.1(51)“a.” 34.2(2) “Purchase price” shall, by way of example and not limitation, include, if valued in money, whether or not paid in money: a. Accessories. b. Additional equipment. c. Services. d. Freight and manufacturer’s tax, valued in money. e. In-kind compensation. f. Costs listed under Iowa Code section 423.1(51)“b.” 34.2(3) A bill of sale, or equivalent documentation, is required to establish purchase price. The bill of sale, or equivalent documentation, must be signed by the seller. The county treasurer or department may require additional or alternative documentation as necessary to sufficiently establish purchase price. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.3(321) Trades. 34.3(1) Trades, generally. a. A trade-in allowance is excluded from the purchase price only if the requirements of Iowa Code section 321.105A(2)“a”(2)(c) are met. b. Unless otherwise excluded, a trade-in allowance is excluded from the purchase price only if the person(s) listed on the title of the traded vehicle are the same as the person(s) listed on the newly acquired vehicle. See Iowa Code section 321.105A(2). 34.3(2) Trades involving relatives under Iowa Code section 321.105A(2)“a”(c)(ii). This allowance is only for lineal relationships and does not extend to nonlineal relatives. Consequently, this allowance is not extended to brothers, sisters, aunts, uncles, or cousins. 34.3(3) Trades involving an entity. a. When an entity is involved, the names on the title of the trade-in and newly acquired vehicle generally must be the same, except for sole proprietorships, which are not distinguished from the individual owner. b. A trade-in credit is not allowed when a corporate vehicle owner trades a vehicle subject to registration in on behalf of a stockholder to purchase a new vehicle in the stockholder’s name, or vice versa. 34.3(4) Trades involving a dealer. a. The dealer must be regularly engaged in the business of selling the type of vehicles involved in the trade. b. For purpose of the fee for new registration, the total trade-in amount will be deducted from the purchase price, even if the trade-in is used to pay off an outstanding loan balance. The amount the purchaser owes on the traded-in vehicle is not relevant in determining the purchase price of the new vehicle. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.4(321) Manufacturer’s rebate. 34.4(1) A manufacturer’s rebate can be used to reduce the purchase price of a vehicle subject to the fee for new registration. To qualify, all of the following must be present: a. A rebate must be a return of an amount that the purchaser would otherwise have paid; b. The rebate must be in the form of money; c. The rebate must be offered by a manufacturer licensed under Iowa Code section 322.27; d. The rebate must be applied to the purchase price of the vehicle; e. The rebate is strictly a transaction between a manufacturer and a purchaser. (1) The rebate must be from an entity acting as a manufacturer of such vehicle being purchased when offering the rebate. The rebate cannot be from a vehicle manufacturer engaging in other activities, such as a manufacturer acting in the capacity of a credit card issuer or a financing program; and (2) The purchaser must be in the process of purchasing the vehicle when the rebate is given. The rebate cannot be given to a customer in a situation similar to the credit card rebate program, in which the customer earns the right to the rebate over a period of time. Purchase of the vehicle must occur simultaneously with the receipt of the rebate, and the rebate cannot be allowed unless the customer purchases the vehicle. 34.4(2) Payment methods, such as credit or debit cards, issued by vehicle manufacturers that are used as a rebate toward the price of the manufacturer’s vehicle are not considered a manufacturer’s rebate for the purposes of the fee for new registration. These types of rebates cannot be used toward reducing the purchase price of a vehicle subject to the fee for new registration. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.5(321) Selling and purchasing the same vehicle. If a person sells a vehicle subject to registration and then buys the same vehicle back, the transaction is not exempt from the fee for new registration. These are two separate transactions, and both are subject to the fee for new registration. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.6(321) Federal excise tax. To be excluded from the fee for new registration, the federal excise tax must meet both of the following requirements: 34.6(1) It must be imposed upon the purchaser and be due at the time of the retail sale. 34.6(2) It must be billed or charged as a separate item. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.7(321) Sales to a Native American. If a dealer delivers a vehicle to a resident Native American on a reservation and, at a later time, the resident Native American registers the vehicle at the county treasurer’s office, the fee for new registration is not due since the delivery took place on a reservation. 34.7(1) If the vehicle is delivered off a reservation, the fee for new registration is due even if the sole use of the vehicle is on a reservation. 34.7(2) If delivery takes place on a reservation, but the owner is not a member of any federally recognized tribe, the fee for new registration is due. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.8(321) Sale of chassis with added equipment or accessories. 34.8(1) If a dealer sells a chassis and the purchaser has the dealer install any equipment, the fee for new registration is due on the full purchase price, including the chassis and the equipment. This is a completed vehicle when driven off the dealer’s lot. 34.8(2) If the chassis is purchased from a dealer and the equipment is installed by the purchaser from a third party, the fee for new registration is due on the chassis and sales tax is due on the equipment. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.9(321) Sale of a boat or ATV with a trailer. 34.9(1) If a boat or ATV dealer sells a boat or ATV with a trailer as a packaged deal, the dealer must itemize the boat or ATV, boat or ATV accessories, and trailer. The fee for new registration is due on the purchase price of the trailer. 34.9(2) If the boat or ATV dealer does not itemize, it is assumed the full price of the packaged deal is for the purchase of a trailer and not for the boat or ATV and accessories. The fee for new registration will be calculated based on the full price of the packaged deal. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.10(321) Administration. 34.10(1) Vehicle registrants may utilize either a paper or electronic affidavit as a method of submission. 34.10(2) Exemptions shall be divided into eight categories as follows: a. UT01 - Iowa Code section 321.105A(2)“c”(19) and 321.105A(2)“c”(20). b. UT02 - Iowa Code section 321.105A(2)“c”(1). c. UT03 - Iowa Code section 321.105A(2)“c”(3) and 321.105A(2)“c”(12). d. UT04 - Iowa Code section 321.105A(2)“c”(14). e. UT05 - Iowa Code section 321.105A(2)“c”(6). f. UT06 - Iowa Code section 321.105A(2)“c”(2). g. UT07 - Iowa Code section 321.105A(2)“c”(5). h. UT08: (1) UT08b - Iowa Code section 321.105A(2)“c”(10). (2) UT08c - Iowa Code section 321.105A(2)“c”(8). (3) UT08d - Iowa Code section 321.105A(2)“c”(16). (4) UT08e - Iowa Code section 321.105A(2)“c”(7). (5) UT08i - Iowa Code section 321.105A(2)“c”(18). (6) UT08j - Iowa Code section 321.105A(2)“c”(13). (7) UT08k - Iowa Code section 321.105A(2)“c”(11). (8) UT08s - Iowa Code section 321.105A(2)“c”(17). (9) UT08 - Other - Iowa Code section 321.105A(2)“c”(4), 321.105A(2)“c”(9), 321.105A(2)“c”(15), and 321.105A(2)“c” (21) to 321.105A(2)“c”(31). 34.10(3) The burden of proof regarding whether an exemption applies is upon the person claiming the exemption. 34.10(4) Signatures are required on all affidavits. If a fleet (five or more vehicles) of vehicles is being registered, an affidavit for each vehicle within the fleet must be completed and signed. Signature stamps may be used to complete the signature portion of the affidavit form. 34.10(5) Any claim for exemption from the fee for new registration made by a purchaser with a county treasurer is subject to review and ultimate determination by the department. If, after review, an exemption is found to have been claimed improperly, penalty and interest may apply in addition to the fee for new registration. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.11(321) Shell businesses. 34.11(1) The 90-day temporary period of operation under Iowa Code section 321.55(2) does not apply to a vehicle owned by a shell business. 34.11(2) Factors that indicate a business is a shell business include, but are not limited to, a lack of specific business activity or purpose and failure to maintain a physical location in the state in which the business is registered. 34.11(3) If the department determines that the nonresident owner of the vehicle is a shell business, it is presumed that: a. The Iowa resident in control of the vehicle is the actual owner of the vehicle; b. The vehicle is subject to Iowa registration; and c. The payment of the fee for new registration is owed by the Iowa resident. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.12(321) Purchased for resale. 34.12(1) A motor vehicle dealer licensed under Iowa Code chapter 322 may title or title and register a vehicle using an exemption under either Iowa Code section 321.105A(2)“c”(14) or 321.105A(2)“c”(15) if the vehicle is operated in a manner consistent with the lawful use of dealer plates under Iowa Code section 321.57 and any associated rules. 34.12(2) In order for a vehicle to be considered to be “held for resale,” all of the following criteria must be met during all times that the vehicle is registered to the dealer: a. The dealer must be licensed in Iowa pursuant to Iowa Code chapter 322; b. Any use of the vehicle by the dealer must not constitute a taxable sale; c. The dealer must keep the vehicle in its inventory for sale at all times; d. The person using the vehicle must be aware of and accept that the vehicle may be sold at any time, resulting in the removal of the vehicle from that person’s possession; e. The dealer must permit the vehicle to be used without charge; f. The dealer must not title the vehicle in its name and must operate the vehicle with dealer plates as provided in Iowa Code section 321.57. 34.12(3) If, at any time after the exemption is issued until the vehicle is no longer considered to be in the dealer’s inventory, the dealer fails to maintain any criteria defined in subrule 34.12(2), the fee for new registration is due on the purchase price paid by the dealer at the time of acquisition of the vehicle. 34.12(4) If a dealership license expires and is not renewed or the dealer license has been revoked, the dealer must title and register all the vehicles in the dealership inventory within 30 days of the license revocation or expiration. The fee for new registration is due on the purchase price paid by the dealer at the time of acquisition of each vehicle. However, if a dealer license is suspended, a dealer is not required to title or register the vehicles in the dealer’s inventory because a suspension is merely a temporary interruption in the dealership business. The dealer’s exemption remains intact during the period of suspension. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.13(321) Loans. Relief from a loan balance constitutes consideration for the purposes of the fee for new registration. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.14(321) Leased vehicles. 34.14(1) The fee for new registration on leased vehicles is a liability of the owner (lessor) of the vehicle and not the lessee. 34.14(2) Owners/lessors may require the lessee to reimburse the owner/lessor, by adding the fee for new registration to the monthly lease payment or by requiring the lessee to pay the fee for new registration up front. 34.14(3) When a lessee chooses to terminate a lease and purchase the vehicle being leased, the purchase is subject to a fee for new registration on the purchase price. There is no refund of the fee for new registration paid on the lease price. 34.14(4) If an existing lease is transferred to another lessee, no additional fee for new registration is due so long as the title to the vehicle is maintained by the same lessor and the terms of the lease are not changed. 34.14(5) When a vehicle with an existing lease established in another state is registered in Iowa, the lease price is calculated as established in Iowa Code section 321.105A(3)“b” and then shall be prorated for the number of months remaining on the lease. No credit is allowed for any fee or tax paid to another state. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.15(321) Vehicles purchased for the purpose of being leased and used exclusively for interstate commerce. 34.15(1) The department makes a distinction between a true lease and a contract to haul. While an agreement may be a lease for purposes of the Interstate Commerce Commission, this does not mean it is a lease for purposes of the fee for new registration. A true lease exists when the owner (lessor) gives the lessee exclusive possession of the lessor’s property for a specified period. A contract to haul exists when an owner contracts to do a piece of work while retaining control of the vehicle and methods of operation. A contract to haul is not a lease; therefore, the vehicle is not exempt. 34.15(2) An intrastate delivery occurs when property is picked up at one location in Iowa and delivered to another location in Iowa, regardless of whether the vehicle travels in another state in between pick-up and delivery. For example, picking up property in Des Moines and delivering it to Cedar Rapids is an intrastate delivery. Conversely, in an interstate delivery, either the pick-up or delivery site will be located outside of Iowa. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.16(321) Iowa Code chapter 326 vehicles. 34.16(1) The period for substantiating mileage by the department is fiscal year July 1 to June 30, with an exception if the initial registration period is a short year (less than 12 months). Mileage during that period will be totaled with the first full year for substantiation purposes. 34.16(2) Whether a vehicle is registered prorate or has county plates does not determine eligibility for exemption. 34.16(3) Records must be kept from the first four years of operation of the vehicle for at least ten years to prove the vehicle has consistently been eligible for the exemption. Summary records, such as the monthly or annual records required by the International Fuel Tax Agreement (IFTA), may be kept to prove the mileage requirement was met. Records are required for power units but not for trailers or semi-trailers. 34.16(4) The exempt status of a trailer or semi-trailer is based upon to what it is attached. If attached to an exempt power unit, the trailer or semi-trailer is also exempt. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.17(321) Vehicles purchased outside of Iowa. 34.17(1) Vehicles purchased with no intent for use in Iowa. a. Vehicles that are purchased by a nonresident for use in a location other than Iowa are not subject to the fee for new registration upon move-in to Iowa. The determination of intention of use in Iowa is a factual determination. The county treasurer should consider any appropriate factors including, but not limited to, the following: (1) Whether the vehicle was owned by the owner for a significant time prior to relocation to Iowa. A longer period of ownership while in another location may be indicative of intent of use in the other location. Conversely, if the vehicle was purchased near the time of relocation to Iowa, this might suggest intent of use in Iowa. (2) Whether the vehicle was registered in another location. (3) Whether a substantial number of miles were driven in the vehicle in another location since the owner purchased the vehicle. b. Vehicles purchased in countries other than the United States of America are not eligible for this exemption. 34.17(2) Vehicles purchased with intent of use in Iowa. Credit may be allowed for a fee for new registration paid to another state. For the credit to apply, the owner must show proof that the owner was legally required to, and did in fact, pay a state fee for new registration, a state sales/use tax, or a state occupational tax to another state for the vehicle being registered in Iowa. Evidence of the payment may include, but is not limited to, purchase records, canceled checks, or invoices.Purchase Price..........................................$25,000Arizona State Sales Tax................................$500Arizona County Tax......................................$250Total Amount Due...................................$25,750Iowa Fee for New Registration................................$1,250Less Arizona State Sales Tax......................................$500Iowa Fee for New Registration Due............................$250Purchase Price..........................................$80,000California State Sales Tax..........................$7,200Total Amount Due....................................$87,200 This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366. 701—34.18(321) Business entity to business entity transfers with the same ownership and purpose. Transactions between two business entities may be exempted from the fee for new registration if certain criteria are met, as described in Iowa Code section 321.105A(2)“c”(3). This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.19(321) Homemade vehicles. 34.19(1) For the purposes of the vehicle fee for new registration, a homemade vehicle is one that has been constructed from any combination of new, used, or homemade parts that does not resemble a vehicle that was manufactured under a specific year, make, and model by a manufacturer and is not intended for resale. 34.19(2) Homemade vehicles include: a. A vehicle that has been structurally modified so that it does not have the same appearance as a similar vehicle from the same manufacturer. b. A vehicle that has been constructed entirely from homemade parts and materials not obtained from other vehicles; or c. A vehicle that has been constructed by using major component parts from one or more manufactured vehicles and cannot be identified as a specific make and model. This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366.701—34.20(321,423) Glider kit vehicles. A glider kit vehicle is exempt from the fee for new registration upon sale or transfer by the person who purchased the parts and assembled the vehicle if sales or use tax was paid when the parts were purchased and the vehicle has never been registered previously. A glider kit vehicle would be subject to the fee for new registration, barring other applicable exemptions, if the glider kit vehicle is subsequently sold. Glider kit parts may be eligible for the resale exemption if the purchaser of the parts can satisfy the requirements of rule 701—225.4(423) to qualify for the exemption provided by Iowa Code section 423.3(2). This rule is intended to implement Iowa Code section 321.105A as amended by 2021 Iowa Acts, Senate File 366, and Iowa Code section 423.3.ARC 5772CSchool Budget Review Committee[289]Notice of Intended ActionProposing rule making related to waivers and providing an opportunity for public comment
The School Budget Review Committee hereby proposes to amend Chapter 8, “Waivers or Variances from Administrative Rules,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 257.30.State or Federal Law Implemented This rule making implements, in whole or in part, 2020 Iowa Acts, House File 2389.Purpose and Summary This proposed rule making modernizes the Committee’s procedures for rule waivers in light of revisions to the Administrative Procedure Act made by 2020 Iowa Acts, House File 2389.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 Committee for a waiver of the discretionary provisions, if any, pursuant to 289—Chapter 8.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 Committee no later than 4:30 p.m. on August 3, 2021. Comments should be directed to: Kassandra Cline School Budget Review Committee Liaison Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319 Phone: 515.281.4738 Email: kassandra.cline@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 289—Chapter 8, title, as follows:WAIVERS OR VARIANCES FROM ADMINISTRATIVE RULES ITEM 2. Amend rule 289—8.1(17A,ExecOrd11), definition of “Waiver or variance,” as follows: "Waiver or variance" means action by the director 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 289—8.6(17A,ExecOrd11) as follows:289—8.6(17A,ExecOrd11) Content of petition. A petition for waiver shall include the following information where applicable and known to the requester:- The name, address, and telephone number of the person for whom a waiver is being requested, and the case number of any related contested case.
- A description and citation of the specific rule from which a waiver is requested.
- The specific waiver or variance requested, including the precise scope and duration.
- The relevant facts that the petitioner believes would justify a waiver under each of the five criteria described in rule 289—4.4(17A,ExecOrd11). 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.
- A history of any prior contacts between the board, the committee and the petitioner relating to the regulated activity, license, or grant affected by the proposed waiver, including a description of each affected item held by the requester, any notices of violation, contested case hearings, or investigative reports relating to the regulated activity, license, or grant within the last five years.
- A detailed statement of the impact on student achievement for any person affected by the granting of a waiver.
- Any information known to the requester regarding the board’s or committee’s treatment of similar cases.
- 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.
- Signed releases of information authorizing persons with knowledge regarding the request to furnish the committee with information relevant to the waiver.
Rule making related to licensure
The Dental Board hereby amends Chapter 11, “Licensure to Practice Dentistry or Dental Hygiene,” Chapter 20, “Dental Assistants,” and Chapter 30, “Discipline”; adopts new Chapter 50, “Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions”; and amends Chapter 52, “Military Service and Veteran Reciprocity,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted 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 These 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.
Rule making related to training for placing sealants
The Dental Board hereby amends Chapter 23, “Expanded Functions,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 147.76 and 153.33.State or Federal Law Implemented This rule making implements, in whole or in part, 2020 Iowa Acts, House File 2267.Purpose and Summary These amendments allow dental assistants who complete expanded function training at the University of Iowa College of Dentistry or another program accredited by the Commission on Dental Accreditation to place sealants.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 13, 2021, as ARC 5381C. The Board accepted written comments through February 5, 2021. Approximately 60 written comments were received from members of the Iowa Dental Association and the Iowa Academy of General Dentistry recommending that the amendments as proposed in the Notice be changed to designate the application of sealants by dental assistants as a Level 1 expanded function following training in this function at an accredited school. The Iowa Dental Hygienists’ Association and one licensee submitted written comments in continued support of the designation of the application of sealants by dental assistants as a Level 2 expanded function, as originally proposed by the Board. Prior to publication of the Notice, the Iowa Dental Association and the Iowa Dental Hygienists’ Association wrote a joint letter in support of the proposal to classify the application of sealants by dental assistants as a Level 2 expanded function. In January 2019, the Board pre-filed draft legislation, a version of which was later enacted as 2020 Iowa Acts, House File 2267, with the intent, and the agreement from stakeholders, that the ability to apply sealants be extended only to dental assistants who have completed Level 2 expanded function training. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on June 11, 2021.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 because the individuals must be registered as dental assistants prior to completing the training and providing the additional service.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 August 18, 2021. The following rule-making action is adopted:
ITEM 1. Amend rule 650—23.6(153) as follows:650—23.6(153) Level 2 expanded function procedures for dental hygienists and dental assistants. 23.6(1) Level 2 expanded function procedures for dental hygienists and dental assistants include: a. Placement and shaping of amalgam following preparation of a tooth by a dentist; b. Placement and shaping of adhesive restorative materials following preparation of a tooth by a dentist; c. Polishing of adhesive restorative material using a slow-speed handpiece; d. Fitting of stainless steel crowns on primary posterior teeth, and cementation after fit verification by thea dentist; e. Tissue conditioning (soft reline only); f. Extraoral adjustment to acrylic dentures without making any adjustments to the prosthetic teeth; and g. Placement of intracoronal temporary fillings following preparation of a tooth by a dentist. 23.6(2) Level 2 expanded function procedures for dental assistants include the placement of sealants. The placement of sealants is included in the scope of practice for dental hygienists and is not considered an expanded function for dental hygienists. 23.(2) 23.6(3) These Level 2 expanded function procedures refer to both primary and permanent teeth except as otherwise noted. [Filed 6/14/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5766CIowa Public Information Board[497]Adopted and FiledRule making related to waivers
The Iowa Public Information Board (IPIB) hereby amends Chapter 9, “Waivers or Variances from Administrative Rules,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 23.6(2).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 17A.9A.Purpose and Summary The purpose of this rule making is to update IPIB’s administrative rules in accordance with changes included in 2020 Iowa Acts, House File 2389, section 10. The changes call for removal of the word “variance” when the word is used in relation to “waiver.” Amendments have also been made regarding the submission of information regarding waivers on the Legislative Services Agency’s Internet site.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on April 21, 2021, as ARC 5578C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the IPIB on June 17, 2021.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 IPIB for a waiver of the discretionary provisions, if any, pursuant to 497—Chapter 9.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend 497—Chapter 9, title, as follows:WAIVERS OR VARIANCES FROM ADMINISTRATIVE RULES ITEM 2. Amend rule 497—9.1(17A) as follows:497—9.1(17A) Definition. For purposes of this chapter, a “waiver” or “variance” means action by the board that suspends, in whole or in part, the requirements or provisions of a rule as applied to any identified person on the basis of the particular circumstances of that person. The term “waiver” shall include both a waiver and a variance, and the term “person” shall include any individual or entity subject to the board’s jurisdiction. ITEM 3. Amend rule 497—9.12(17A) as follows:497—9.12(17A) Summary reportsSubmission of waiver information. The board shall semiannually prepare a summary report identifyingsubmit information about granted and denied waivers to the Internet site pursuant to Iowa Code section 17A.9A within 60 days. The submission shall identify the rules for which a waiver has been granted or denied, the number of times a waiver was granted or denied for each rule and a citation to the statutory provisions implemented by the rules. The reportsubmission shall include a general summary of the reasons justifying the board’s actions on waiver requests and, if practicable, shall detail the extent to which the granting of a waiver has affected the general applicability of the rule itselfand the extent to which the granting of the waiver has established a precedent for additional waivers. Copies of this report shall be available for public inspection and shall be provided semiannually to the administrative rules coordinator and the administrative rules review committee. [Filed 6/18/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5749CMedicine Board[653]Adopted and FiledRule making related to licensure and criminal convictions
The Board of Medicine hereby amends Chapter 9, “Permanent and Administrative Medicine Physician Licensure,” Chapter 10, “Resident, Special and Temporary Physician Licensure,” Chapter 17, “Licensure of Acupuncturists,” Chapter 20, “Licensure of Genetic Counselors,” Chapter 23, “Grounds for Discipline,” and Chapter 25, “Contested Case Proceedings,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted 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 2627.Purpose and Summary These amendments implement 2020 Iowa Acts, House File 2627, and provide the inclusion of new subrules and amendments to existing subrules concerning the use of criminal convictions in eligibility determinations and initial licensing decisions.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5473C. No public comments were received. Item 7 has been updated to reflect the engrossment of ARC 5600C, IAB 5/5/21.Adoption of Rule Making This rule making was adopted by the Board on April 16, 2021.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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend rule 653—9.3(147,148) as follows:653—9.3(147,148) Eligibility for licensure. 9.3(1) Requirements. To be eligible for permanent or administrative medicine licensure, an applicant shall meet all of the following requirements: a. Fulfill the application requirements specified in rule 653—9.4(147,148). b. Hold a medical degree from an educational institution approved by the board at the time the applicant graduated and was awarded the degree. (1) Educational institutions approved by the board shall be fully accredited by an accrediting agency recognized by the board as schools of instruction in medicine and surgery or osteopathic medicine and surgery and empowered to grant academic degrees in medicine. (2) The accrediting bodies currently recognized by the board are: 1. LCME for the educational institutions granting degrees in medicine and surgery; and 2. AOA for educational institutions granting degrees in osteopathic medicine and surgery. (3) If the applicant holds a medical degree from an educational institution not approved by the board at the time the applicant graduated and was awarded the degree, the applicant shall meet one of the following requirements: 1. Hold a valid certificate issued by ECFMG; 2. Pass the MCCEE; 3. Have successfully completed a fifth pathway program established in accordance with AMA criteria; 4. Have successfully passed either a basic science examination administered by a United States or Canadian medical licensing authority or SPEX; and have successfully completed three years of resident training in a program approved by the board; and have submitted evidence of five years of active practice without restriction as a licensee of any United States or Canadian jurisdiction; or 5. Have successfully passed either a basic science examination administered by a United States or Canadian medical licensing authority or SPEX; and hold board certification by a specialty board approved by ABMS or AOA; and submit evidence of five years of active practice without restriction as a licensee of any United States or Canadian jurisdiction. c. Have successfully completed one year of resident training in a hospital-affiliated program approved by the board at the time the applicant was enrolled in the program. An applicant who is a graduate of an international medical school shall have successfully completed 24 months of such training. (1) For those required to have 12 months of training, the program shall have been 12 months of progressive training in not more than two specialties and in not more than two programs approved for resident training by the board. For those required to have 24 months of training, the program shall have been 24 continuous months of progressive training in not more than two specialties and in not more than two programs approved for resident training by the board. (2) Resident training approved by the board shall be accredited by an accrediting agency recognized by the board for the purpose of accrediting resident training programs. (3) The board approves resident training programs accredited by:- ACGME;
- AOA;
- RCPSC; and
- CFPC.
- LCME for the educational institutions granting degrees in medicine and surgery; and
- AOA for educational institutions granting degrees in osteopathic medicine and surgery.
- Hold a valid certificate issued by ECFMG, or
- Have successfully completed a fifth pathway program established in accordance with AMA criteria.
- A complete translation shall be submitted for any diploma not written in English. An official transcript, written in English and received directly from the school, verifying graduation from medical school is a suitable alternative. An official FCVS Physician Information Profile is a suitable alternative.
- If a copy of the medical degree cannot be provided because of extraordinary circumstances, the board may accept other reliable evidence that the applicant obtained a medical degree from a specific educational institution;
- Education or testing that is beyond the jurisdiction's usual requirement for a license or license renewal.
- An assignment beyond what is required for license renewal or regular practice, e.g., adoption of a protocol, use of a chaperone, completion of specified continuing education, or completion of a writing assignment.
- A prohibition or limitation on practice privileges, e.g., a restriction on prescribing or administering controlled substances.
- Compliance with an educational plan.
- A requirement that surveys or reviews of patients or patient records be conducted.
- A practice monitoring requirement.
- A special notification requirement for a change of address.
- Payment that is not routinely required of all physicians in that jurisdiction, such as a civil penalty, fine, or reimbursement of any expenses.
- Any other activity or requirements imposed by the board that are beyond the usual licensure requirements for obtaining, renewing, or reinstating a license in that jurisdiction.
Rule making related to licensure and criminal convictions
The Board of Nursing hereby amends Chapter 3, “Licensure to Practice—Registered Nurse/Licensed Practical Nurse,” Chapter 4, “Discipline,” Chapter 11, “Examination of Public Records,” and Chapter 18, “Military Service and Veteran Reciprocity,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapter 272C.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 272C.Purpose and Summary These amendments implement 2020 Iowa Acts, House File 2627, which made various amendments to Iowa Code chapter 272C. This rule making updates existing rules to conform with updated statutory language and implements new provisions by:
- Application for original license based on the registered nurse examination, $93 (plus the fee for evaluation of the fingerprint cards and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI)).
- Application for original license based on the practical nurse examination, $93 (plus the fee for evaluation of the fingerprint cards and the criminal history background checks by the DCI and the FBI).
- Application for registered nurse/licensed practical nurse license by endorsement, $119 (plus the fee for evaluation of the fingerprint cards and the criminal history background checks by the DCI and the FBI).
- Application for original license or renewal as an advanced registered nurse practitioner, $81 for any period of licensure up to three years.
- For a certified statement that a registered nurse/licensed practical nurse is licensed in this state or registered as an advanced registered nurse practitioner, $25.
- For written verification of licensure status, not requiring certified statements, $3 per license.
- For reactivation of a license to practice as a registered nurse/licensed practical nurse, $175 for a license lasting more than 24 months up to 36 months (plus the fee for evaluation of the fingerprint cards and the criminal history background checks by the DCI and the FBI).
- For reactivation of a license to practice as an advanced registered nurse practitioner, $81 for any period of licensure up to three years.
- For the renewal of a license to practice as a registered nurse/licensed practical nurse, $99 for a three-year period.
- For a reissued original certificate recognizing Iowa licensure as a registered nurse, licensed practical nurse, or advanced registered nurse practitioner, $20.
- For late renewal of a registered nurse/licensed practical nurse license, $50, plus the renewal fee as specified in paragraph “9” of this definition.
- For a check returned for any reason, $15. If licensure/registration has been issued by the board office based on a check for the payment of fees and the check is later returned by the bank, the board shall request payment by certified check or money order.
- For a certified copy of an original document, $20.
- For the evaluation of the fingerprint cards and the DCI and FBI criminal history background checks, $50.
- Petition for eligibility determination, $25.
- Transcripts from nursing education programs. This information is collected pursuant to Iowa Code section 152.7.
- Application for licensure by examination. This information is collected pursuant to Iowa Code sections 147.8 and 147.29.
- Application for licensure by endorsement. This information is collected pursuant to Iowa Code section 147.44.
- Birth certificates (part of previous requirement for licensure; no longer required). This information is collected pursuant to Iowa Code section 147.3.
- References.
- Past felony record. This information is collected pursuant to Iowa Code section 147.3272C.15.
- Examination scores. This information is collected pursuant to Iowa Code section 152.7.
- High school graduation or equivalency. This information is collected pursuant to Iowa Code section 152.7.
- Certification for advanced registered nurse practice. This information is collected pursuant to Iowa Code section 152.1(2)“d.”
- Transcripts from nursing education programs. This information is collected pursuant to Iowa Code section 152.7.
- Application for licensure by endorsement. This information is collected pursuant to Iowa Code section 152.8.
- Birth certificates (part of previous requirement; no longer required). This information is collected pursuant to Iowa Code section 147.3.
- Past felony record. This information is collected pursuant to Iowa Code section 147.3272C.15.
- Examination scores. This information is collected pursuant to Iowa Code section 152.7.
- Disciplinary action taken by other boards of nursing. This information is collected pursuant to Iowa Code section 147.52.
- High school graduation or equivalency. This information is collected pursuant to Iowa Code section 152.7.
- Verification of licensure by another board of nursing. This information is collected pursuant to Iowa Code section 152.8.
- Applications. This information is collected pursuant to Iowa Code sections 147.10 and 147.11.
- Past felony record. This information is collected pursuant to Iowa Code section 147.3272C.15.
- Continuing education records. This information is collected pursuant to Iowa Code section 272C.2.
Rule making related to licensure and criminal convictions
The Board of Pharmacy hereby amends Chapter 2, “Pharmacist Licenses”; adopts a new Chapter 31, “Criminal Convictions”; and amends Chapter 33, “Military Service and Veteran Reciprocity,” and Chapter 36, “Discipline.”Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 147.10, 147.11, 147.44, 147.80, 155A.11 and 155A.40 and 2020 Iowa Acts, House File 2627.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 147.10, 147.11, 147.44, 147.80, 155A.11 and 155A.40 and 2020 Iowa Acts, House File 2627.Purpose and Summary These amendments implement the provisions of 2020 Iowa Acts, House File 2627, enacted during the 2020 Legislative Session. These amendments provide:
Rule making related to licensure
The Professional Licensure Division hereby amends Chapter 4, “Board Administrative Processes,” and Chapter 5, “Fees”; adopts 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 amends 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 adopted 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 These amendments implement the provisions of 2020 Iowa Acts, House File 2627, and remove references to duplicate wallet cards to accommodate electronic renewal verification. These amendments provide:
Rule making related to licensure, criminal convictions, and wallet cards
The Board of Barbering hereby amends Chapter 21, “Licensure,” and Chapter 25, “Discipline for Barbers, Barber Instructors, Barbershops and Barber Schools,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted 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 These 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 5751C, IAB 7/14/21), which implements new Iowa Code section 272C.12, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5450C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on May 17, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. It is unknown how many applicants will 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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Adopt the following new subrule 21.5(5): 21.5(5) 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 subrule 21.9(4) as follows: 21.9(4) 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. ITEM 3. Rescind subrule 21.12(5). ITEM 4. Renumber subrules 21.12(6) to 21.12(8) as 21.12(5) to 21.12(7). ITEM 5. Rescind subrule 25.2(11) and adopt the following new subrule in lieu thereof: 25.2(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. [Filed 6/15/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5767CProfessional Licensure Division[645]Adopted and FiledRule making related to licensure, criminal convictions, and wallet cards
The Board of Behavioral Science hereby amends Chapter 31, “Licensure of Marital and Family Therapists, Mental Health Counselors, Behavior Analysts, and Assistant Behavior Analysts,” and Chapter 33, “Discipline for Marital and Family Therapists, Mental Health Counselors, Behavior Analysts, and Assistant Behavior Analysts,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76 and chapter 154D and 2020 Iowa Acts, House File 2627.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 147.10 and 154D.3 and 2020 Iowa Acts, House File 2627.Purpose and Summary These 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 5751C, IAB 7/14/21), which implements new Iowa Code section 272C.12, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5442C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on June 10, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. 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. 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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend subrule 31.2(1) as follows: 31.2(1) The applicant shall complete a board-approvedan application. Application forms may be obtained from the board’s website (www.idph.iowa.gov/licensure) or directly from the board office, or the applicant may complete the application online at ibplicense.iowa.gov. All paper applications shall be sent to the Board of Behavioral Science, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. ITEM 2. Amend paragraph 31.3(6)"a" as follows: a. Apply for licensure by creating an account and paying online at ibplicense.iowa.govor by completing and returning a paper application with a check or money order payable to the Board of Behavioral Science. ITEM 3. Adopt the following new subrule 31.8(3): 31.8(3) A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C). ITEM 4. Amend subrule 31.9(1) as follows: 31.9(1) The applicant shall complete a board-approvedan application. Application forms may be obtained from the board’s website (www.idph.iowa.gov/licensure) or directly from the board office. All paper applications shall be sent to the Board of Behavioral Science, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. ITEM 5. Amend subrules 31.11(5) and 31.11(6) as follows: 31 31.11 11(5) A person licensed as a behavior analyst or assistant behavior analyst shall keep the person’s license certificate and wallet cardrenewal displayed in a conspicuous public place at the primary site of practice. 31 31.11 11(6) 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 5.3(5). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period. ITEM 6. Rescind subrule 33.2(12) and adopt the following new subrule in lieu thereof: 33.2(12) 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. [Filed 6/18/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5759CProfessional Licensure Division[645]Adopted and FiledRule making related to licensure, criminal convictions, and wallet cards
The Board of Chiropractic hereby amends Chapter 41, “Licensure of Chiropractic Physicians,” and Chapter 45, “Discipline for Chiropractic Physicians,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted 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 These amendments implement the provisions of 2020 Iowa Acts, House File 2627 by (1) updating the Board’s licensure rules to include a reference in the new 645—Chapter 19 (ARC 5751C, IAB 7/14/21), which implements new Iowa Code section 272C.12, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards and update an obsolete cross-reference.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5448C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on April 14, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. It is unknown how many applicants will 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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Adopt the following new subrule 41.6(3): 41.6(3) 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 41.8(5) to 41.8(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 chiropractic physician 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 5.4(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 45.2(11) and adopt the following new subrule in lieu thereof: 45.2(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. [Filed 6/15/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5755CProfessional Licensure Division[645]Adopted and FiledRule making related to licensure, criminal convictions, and wallet cards
The Board of Cosmetology Arts and Sciences hereby amends Chapter 60, “Licensure of Cosmetologists, Electrologists, Estheticians, Manicurists, Nail Technologists, and Instructors of Cosmetology Arts and Sciences,” Chapter 61, “Licensure of Salons and Schools of Cosmetology Arts and Sciences,” and Chapter 65, “Discipline for Cosmetology Arts and Sciences Licensees, Instructors, Salons, and Schools,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76 and chapter 157 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 chapter 157 and 2020 Iowa Acts, House File 2627.Purpose and Summary These 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 5751C, IAB 7/14/21), which implements new Iowa Code section 272C.12, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards and update obsolete cross-references.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5455C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. One change from the Notice has been made to amend rule 645—61.4(272C) by removing references to postmark dates and adjusting the sequence of existing language.Adoption of Rule Making This rule making was adopted by the Board on May 17, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. 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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 60.2(1)"a" as follows: a. Submit a completed, board-approved application for licensure online at www.ibplicense.iowa.gov. Paper application forms may be obtained from the board’s website (www.idph.state.ia.us/licensure) or directly from the board office. Completed paper applications and appropriate fees shall be sent to Board of Cosmetology Arts and Sciences, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. ITEM 2. Adopt the following new subrule 60.2(4): 60.2(4) Licensure by work experience. An applicant who has relocated to Iowa from a state that did not require licensure to practice the profession may submit proof of work experience in lieu of educational and training requirements, if eligible, in accordance with rule 645—19.2(272C). ITEM 3. Amend rule 645—60.4(157) as follows:645—60.4(157) Practice-specific training requirements. The board shall approve a licensee to provide the appropriate services once a licensee has complied with training requirements and submitted a completed application, the required supporting evidence, and applicable fees as specified in these rules. The applicant shall receive a certification card following board approval. 60.4(1) Microdermabrasion. a. Microdermabrasion shall only be performed by a licensed, certified esthetician or a cosmetologist who was licensed prior to July 1, 2005, and is certified by the board. b. To be eligible to perform microdermabrasion services, the licensee shall: (1) Complete 14 contact hours of education specific to the material or apparatus used for microdermabrasion. Before an additional material or apparatus is utilized in the licensee’s practice, the licensee shall provide official certification of training on the material or apparatus. (2) Obtain from the program a certification of training that contains the following information:- Date, location, course title;
- Number of contact hours; and
- Specific identifying description of the microdermabrasion machine covered by the course.
- Date, location, course title;
- Number of contact hours; and
- Specific identifying description of the chemical peel process and products covered by the course.
- Date, location, course title;
- Number of contact hours;
- Specific identifying description of the laser equipment; and
- Evidence that the training program includes a safety training component which provides a thorough understanding of the procedures to be performed. The training program shall address fundamentals of nonbeam hazards, management and employee responsibilities relating to control measures, and regulatory requirements.
- Date, location, course title;
- Number of contact hours;
- Specific identifying description of the IPL hair removal equipment; and
- Evidence that the training program includes a safety training component which provides a thorough understanding of the procedures to be performed. The training program shall address fundamentals of nonbeam hazards, management and employee responsibilities relating to control measures, and regulatory requirements.
- Symptoms of any complications including, but not limited to, onset and type of symptoms;
- A description of the services provided that caused the adverse occurrence;
- A description of the procedure that was followed by the licensee;
Rule making related to licensure, criminal convictions, and wallet cards
The Board of Dietetics hereby amends Chapter 81, “Licensure of Dietitians,” and Chapter 83, “Discipline for Dietitians,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76 and chapter 152A 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 chapter 152A and 2020 Iowa Acts, House File 2627.Purpose and Summary These amendments implement the provisions of 2020 Iowa Acts, House File 2627, by updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5452C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on June 18, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. 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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend subrule 81.9(5) as follows: 81.9(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. ITEM 2. Amend subrule 81.9(7) as follows: 81.9(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 5.6(3). 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 83.2(12) and adopt the following new subrule in lieu thereof: 83.2(12) 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. [Filed 6/18/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5760CProfessional Licensure Division[645]Adopted and FiledRule making related to licensure, criminal convictions, and wallet cards
The Board of Mortuary Science hereby amends Chapter 101, “Licensure of Funeral Directors, Funeral Establishments, and Cremation Establishments,” and Chapter 103, “Disciplinary Proceedings,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.10 and 2020 Iowa Acts, House File 2627.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 17A.3, 147.10 and 272C.4 and 2020 Iowa Acts, House File 2627.Purpose and Summary These 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 5751C, IAB 7/14/21), which implements new Iowa Code section 272C.12, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5449C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on June 3, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. It is unknown how many applicants will 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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Adopt the following new subrule 101.6(5): 101.6(5) 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 101.7(4) and 101.7(6) as follows: 101 101.7 7(4) 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. 101 101.7 7(6) 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 5.9(3)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 103.3(12) and adopt the following new subrule in lieu thereof: 103.3(12) 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. [Filed 6/15/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5756CProfessional Licensure Division[645]Adopted and FiledRule making related to licensure, criminal convictions, and wallet cards
The Board of Hearing Aid Specialists hereby amends Chapter 121, “Licensure of Hearing Aid Specialists,” and Chapter 124, “Discipline for Hearing Aid Specialists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76 and chapter 154A 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 chapter 154A and 2020 Iowa Acts, House File 2627.Purpose and Summary These amendments implement the provisions of 2020 Iowa Acts, House File 2627, by (1) updating the Board’s licensure rules to include references to two rules in the new 645—Chapter 19 (ARC 5751C, IAB 7/14/21), which implements new Iowa Code sections 272C.12 and 272C.13, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5445C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. One change from the Notice has been made. Item 4 has been revised to amend rule 645—121.6(154A) to restructure the rule’s hierarchy so that the new subrule relating to licensure by verification fits with the rest of the rule’s text.Adoption of Rule Making This rule making was adopted by the Board on May 3, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. 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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend subrule 121.4(1) as follows: 121.4(1) The applicant shall complete a board-approvedsubmit a completed licensure application packet. Application forms may be obtained from the board’s website (www.idph.iowa.gov/licensure) or directly from the board office. All applications shall be sent to Board of Hearing Aid Specialists, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. ITEM 2. Renumber subrules 121.4(8) and 121.4(9) as 121.4(9) and 121.4(10). ITEM 3. Adopt the following new subrule 121.4(8): 121.4(8) An applicant who has relocated to Iowa from a state that did not require licensure to practice the profession may submit proof of work experience in lieu of educational and training requirements, if eligible, in accordance with rule 645—19.2(272C). ITEM 4. Amend rule 645—121.6(154A) as follows:645—121.6(154A) Licensure by endorsement. 121.6(1) An applicant who has been a licensed hearing aid specialist under the laws of another jurisdiction and would like to be considered for licensure in Iowa shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who: a. Submits to the board a completed application; b. Pays the licensure fee; c. Shows evidence of licensure requirements that are similar to those required in Iowa; d. Provides verification of license(s) from every jurisdiction in which the applicant has been licensed, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides: a. (1) Licensee’s name; b. (2) Date of initial licensure; c. (3) Current licensure status; and d. (4) Any disciplinary action taken against the license. e. Provides official verification of one of the following: a. (1) A passing score on the national examination. For the written ten-part examination, the passing score is 70 percent in each subject or 75 percent overall. The International Hearing Society establishes the passing score for the national standardized licensing examination; b. (2) A passing score on an examination that the board determines is equivalent to the national examination; or c. (3) Current certification from the National Board for Certification in Hearing Instrument Sciences; and f. Provides evidence of: a. (1) Completing a minimum of 32 continuing education hours within the 24 months prior to application; or b. (2) Continuing education certificates that verify that the minimum hours of continuing education required by a state(s) in which the licensee is currently licensed have been met; or c. (3) Current certification from the National Board for Certification in Hearing Instrument Sciences. 121.6(2) A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C). ITEM 5. Amend subrule 121.9(3) as follows: 121.9(3) 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 5.7(5). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period. ITEM 6. Amend subrule 121.9(5) as follows: 121.9(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. ITEM 7. Rescind subrule 124.2(16) and adopt the following new subrule in lieu thereof: 124.2(16) 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. [Filed 6/15/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5769CProfessional Licensure Division[645]Adopted and FiledRule making related to licensure, criminal convictions, and wallet cards
The Board of Massage Therapy hereby amends Chapter 131, “Licensure of Massage Therapists,” and Chapter 134, “Discipline for Massage Therapists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76 and chapter 152C 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 chapter 152C and 2020 Iowa Acts, House File 2627.Purpose and Summary These amendments implement the provisions of 2020 Iowa Acts, House File 2627, by (1) updating the Board’s licensure rules to include references to two rules in the new 645—Chapter 19 (ARC 5751C, IAB 7/14/21), which implements new Iowa Code sections 272C.12 and 272C.13, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5443C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on June 1, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. 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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Adopt the following new subrule 131.3(3): 131.3(3) An applicant who has relocated to Iowa from a state that did not require licensure to practice the profession may submit proof of work experience in lieu of educational and training requirements, if eligible, in accordance with rule 645—19.2(272C). ITEM 2. Amend rule 645—131.6(152C) as follows:645—131.6(152C) Licensure by endorsement. 131.6(1) An applicant who has been a licensed massage therapist under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who: 1a. Submits to the board a completed application; 2b. Pays the licensure fee; 3c. Shows evidence of licensure requirements that are similar to those required in Iowa; 4d. Provides official copies of the academic transcripts sent directly from the school to the board; 5e. Provides proof of passing any National Certification Board for Therapeutic Massage and Bodywork (NCBTMB) examination. Proof of passing shall be sent directly from the testing service to the board of massage therapy. The passing score on the written examination shall be the passing point criterion established by the national testing authority at the time the test was administered; and 6f. Provides verification of license(s) from every jurisdiction in which the applicant has been licensed, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides: ●(1) Licensee’s name; ●(2) Date of initial licensure; ●(3) Current licensure status; and ●(4) Any disciplinary action taken against the license. 131.6(2) Licensure by verification. A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C). ITEM 3. Amend subrule 131.8(5) as follows: 131.8(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. ITEM 4. Amend subrule 131.8(7) as follows: 131.8(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 5.8(4). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period. ITEM 5. Rescind subrule 134.2(11) and adopt the following new subrule in lieu thereof: 134.2(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. [Filed 6/18/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5775CProfessional Licensure Division[645]Adopted and FiledRule making related to licensure, criminal convictions, and wallet cards
The Board of Nursing Home Administrators hereby amends Chapter 141, “Licensure of Nursing Home Administrators,” and Chapter 144, “Discipline for Nursing Home Administrators,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76 and chapter 155 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 chapter 155 and 2020 Iowa Acts, House File 2627.Purpose and Summary These 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 5751C, IAB 7/14/21), which implements new Iowa Code section 272C.12, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards and update an obsolete cross-reference.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5453C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on April 8, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. 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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend rule 645—141.2(155) as follows:645—141.2(155) Requirements for licensure. The following criteria shall apply to licensure:- An applicant shall completesubmit a board-approvedcompleted licensure application packet. Application forms may be obtained from the board’s website (www.idph.iowa.gov/licensure) or directly from the board office. All applications shall be sent to the Board of Nursing Home Administrators, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075;
- An applicant shall complete the application form according to the instructions contained in the application. If the application is not completed according to the instructions, the application will not be reviewed by the board;
- Each application shall be accompanied by the appropriate fees payable to the Board of Nursing Home Administrators. The fees are nonrefundable;
- The applicant shall have official copies of academic transcripts sent directly from the school(s) to the board;
- The applicant shall provide satisfactory evidence of the completion of the long-term care practicum;
- An applicant shall successfully pass the approved national examination;
- Licensees who were issued their initial licenses within six months prior to the renewal date shall not be required to renew their licenses until the renewal date two years later.
- Incomplete applications that have been on file in the board office for more than two years shall be:
- Considered invalid and shall be destroyed; or
- Maintained upon request of the applicant. The applicant is responsible for requesting that the file be maintained.
- Notification of eligibility for licensure shall be sent to the licensee by the board.
Rule making related to licensure, criminal convictions, and wallet cards
The Board of Optometry hereby amends Chapter 180, “Licensure of Optometrists,” and Chapter 183, “Discipline for Optometrists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76 and chapter 154 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 chapter 154 and 2020 Iowa Acts, House File 2627.Purpose and Summary These 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 5751C, IAB 7/14/21), which implements new Iowa Code section 272C.12, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5458C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. One change from the Notice has been made. Item 2 has been revised to amend rule 645—180.3(154) to restructure the rule’s hierarchy so that the new subrule relating to licensure by verification fits with the rest of the rule’s text and to update affected cross-references.Adoption of Rule Making This rule making was adopted by the Board on April 1, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. 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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 180.2(1)"a" as follows: a. An applicant shall complete a board-approvedan application. Application forms may be obtained from the board’s website (www.idph.iowa.gov/licensure) or directly from the board office, or the applicant may complete the application online at ibplicense.iowa.gov. All paper applications shall be sent to the Board of Optometry, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. ITEM 2. Amend rule 645—180.3(154) as follows:645—180.3(154) Licensure by endorsement. 180.3(1) An applicant who has been a licensed optometrist under laws of another jurisdiction for three years or more shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who: a. Submits to the board a completed application; b. Pays the licensure fee; c. Provides an official copy of the transcript sent directly from the school to the board office. The transcript shall show a doctor of optometry degree from an accredited school. In the case of foreign graduates, applicants shall provide evidence of adherence to the current requirements of the NBEO to sit for the NBEO examination; d. Shows evidence of successful completion of the examination of the NBEO that was current at the time of initial licensure or successful completion of the examination that is currently offered by the NBEO; e. Provides verification of license(s) from every jurisdiction in which the applicant has been licensed, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides: a. (1) Licensee’s name; b. (2) Date of initial licensure; c. (3) Current licensure status; and d. (4) Any disciplinary action taken against the license; f. Provides a statement disclosing and explaining the applicant’s involvement in civil litigation related to the practice of optometry in any jurisdiction of the United States, other nations or territories; and g. Provides proof of current CELMO certification. Applicants who provide proof of current CELMO certification satisfy the educational requirements for licensure by endorsement. If an applicant is not CELMO-certified, then the applicant must show evidence of the following: a. (1) The applicant shall supply evidence of completion of a course that has particular emphasis on the examination, diagnosis and treatment of conditions of the human eye and adnexa, provided by an institution accredited by a regional or professional accreditation organization that is recognized or approved by the Council on Postsecondary Accreditation of the United States Department of Education; and b. (2) The applicant shall show evidence on the transcript of: (1) 1. Forty hours of didactic education and 60 hours of approved supervised clinical training in the examination, diagnosis, and treatment of conditions of the human eye and adnexa; and (2) 2. An additional 44 hours of education with emphasis on treatment and management of glaucoma and use of oral pharmaceutical agents for treatment and management of ocular diseases. c. (3) If the transcript does not show evidence of 40 hours of didactic education; 60 hours of approved supervised clinical training in the examination, diagnosis and treatment of conditions of the human eye and adnexa; and 44 hours of education with emphasis on treatment and management of glaucoma and use of oral pharmaceutical agents for treatment and management of ocular diseases, the applicant shall show satisfactory evidence of completion of a course that includes training in the above-listed areas. d. (4) Any transcript that shows graduation from an approved school of optometry after January 2, 1988, meets the requirement of 180.3(7)“b.”180.3(1)“g”(2). e. (5) Any transcript that shows graduation from an approved school of optometry after January 2, 1986, meets the requirement of 180.3(7)“b”(1)180.3(1)“g”(1)“1” of 40 hours of didactic education and 60 hours of approved supervised clinical training in the examination, diagnosis, and treatment of conditions of the human eye and adnexa. Applicants need to also show evidence of completion of the requirement in 180.3(7)“b”(2).180.3(1)“g”(2)“2.” f. (6) An applicant for licensure by endorsement shall provide proof of licensure and evidence of three years of active practice in another state, territory or district of the United States immediately preceding the date of application which has a similar scope of practice to that required in Iowa as determined by the board. When the scope of practice is different, the applicant shall make available to the board evidence of completion of additional hours of training related to the area of the deficiency as prescribed by the board. The applicant may be exempt from the requirement of three years of active practice if, during the above-mentioned three-year period, the applicant was: (1) 1. Teaching optometry; (2) 2. A military optometrist; (3) 3. A supervisory or administrative optometrist; or (4) 4. A researcher in optometry. 180.(8) 180.3(2) Applicants for licensure by endorsement who were issued their Iowa licenses within six months prior to the renewal date shall not be required to renew their licenses until the renewal date two years later. 180.3(3) Licensure by verification. A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C). ITEM 3. Amend subrule 180.5(5) as follows: 180.5(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. ITEM 4. Amend subrule 180.5(6) as follows: 180.5(6) A person licensed to practice optometry shall keep the license certificate and wallet card(s)renewal displayed in a conspicuous public place at the primary site of practice. ITEM 5. Amend subrule 180.5(7) as follows: 180.5(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 5.12(3). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period. ITEM 6. Rescind subrule 183.2(11) and adopt the following new subrule in lieu thereof: 183.2(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. [Filed 6/18/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5758CProfessional Licensure Division[645]Adopted and FiledRule making related to licensure, criminal convictions, and wallet cards
The Board of Physical and Occupational Therapy hereby amends Chapter 200, “Licensure of Physical Therapists and Physical Therapist Assistants,” Chapter 202, “Discipline for Physical Therapists and Physical Therapist Assistants,” Chapter 206, “Licensure of Occupational Therapists and Occupational Therapy Assistants,” and Chapter 209, “Discipline for Occupational Therapists and Occupational Therapy Assistants,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76 and chapters 147, 148A and 148B 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 chapters 147, 148A and 148B and 2020 Iowa Acts, House File 2627.Purpose and Summary These 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 5751C, IAB 7/14/21), which implements new Iowa Code section 272C.12, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5456C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on June 11, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed.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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend subrule 200.2(1) as follows: 200.2(1) The applicant shall complete a board-approvedan application. Application forms may be obtained from the board’s website (www.idph.iowa.gov/licensure) or directly from the board office, or the applicant may complete the application online at ibplicense.iowa.gov. All paper applications shall be sent to the Board of Physical and Occupational Therapy, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. ITEM 2. Adopt the following new subrule 200.7(6): 200.7(6) A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C). ITEM 3. Amend subrule 200.9(5) as follows: 200.9(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. ITEM 4. Amend subrule 200.9(7) as follows: 200.9(7) Late renewal. The license shall become a late license 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 5.13(4). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period. ITEM 5. Rescind subrule 202.2(11) and adopt the following new subrule in lieu thereof: 202.2(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. ITEM 6. Amend subrule 206.2(1) as follows: 206.2(1) The applicant shall complete a board-approvedan application. Application forms may be obtained from the board’s website (www.idph.iowa.gov/licensure) or directly from the board office, or the applicant may complete the application online at ibplicense.iowa.gov. All paper applications shall be sent to the Board of Physical and Occupational Therapy, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. ITEM 7. Amend rule 645—206.9(147) as follows:645—206.9(147) Licensure by endorsement. An applicant who has been a licensed occupational therapist or occupational therapy assistant under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia, another state, territory, province or foreign country who:- Submits to the board a completed application;
- Pays the licensure fee;
- Shows evidence of licensure requirements in the jurisdiction in which the applicant has been licensed that are similar to those required in Iowa;
- Submits official results from the appropriate professional examination sent directly from the examination service to the board;
- Provides official copies of the academic transcripts sent directly from the school to the board;
- Provides verification of license(s) from every jurisdiction in which the applicant has been licensed, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if it provides:
- Licensee’s name;
- Date of initial licensure;
- Current licensure status; and
- Any disciplinary action taken against the license; and
- Shows evidence of one of the following:
- Completion of 30 hours for an occupational therapist and 15 hours for an occupational therapy assistant of board-approved continuing education during the immediately preceding two-year period;
- The practice of occupational therapy for a minimum of 2,080 hours during the immediately preceding two-year period as a licensed occupational therapist or occupational therapy assistant;
- Serving as a full-time equivalent faculty member teaching occupational therapy in an accredited school of occupational therapy for at least one of the immediately preceding two years; or
- Successfully passing the examination within a period of two years from the date of examination to the time application is completed for licensure.
Rule making related to licensure, criminal convictions, and wallet cards
The Board of Podiatry hereby amends Chapter 220, “Licensure of Podiatrists,” Chapter 221, “Licensure of Orthotists, Prosthetists, and Pedorthists,” and Chapter 224, “Discipline for Podiatrists, Orthotists, Prosthetists, and Pedorthists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76 and chapters 148F and 149 and 2020 Iowa Acts, House File 2627.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 147.10 and 148F.3 and 2020 Iowa Acts, House File 2627.Purpose and Summary These amendments implement the provisions of 2020 Iowa Acts, House File 2627, by (1) updating the Board’s licensure rules to include references to two rules in the new 645—Chapter 19 (ARC 5751C, IAB 7/14/21), which implements new Iowa Code sections 272C.12 and 272C.13, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5444C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on April 9, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. 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. 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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend subrule 220.2(1) as follows: 220.2(1) An applicant shall complete a board-approvedan application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure) or directly from the board office. All applications shall be sent to the Board of Podiatry, Bureau of Professional Licensure, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. ITEM 2. Adopt the following new subrule 220.7(5): 220.7(5) A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C). ITEM 3. Amend subrule 220.9(5) as follows: 220.9(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. ITEM 4. Amend subrule 220.9(6) as follows: 220.9(6) A person licensed to practice podiatry shall keep the license certificate and wallet card(s)renewal displayed in a conspicuous public place at the primary site of practice. ITEM 5. Amend subrule 220.9(7) as follows: 220.9(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 5.15(3). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period. ITEM 6. Amend subrule 221.3(1) as follows: 221.3(1) An applicant shall complete a board-approvedan application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure) or directly from the board office. All applications shall be sent to the Board of Podiatry, Bureau of Professional Licensure, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. ITEM 7. Adopt the following new subrule 221.5(3): 221.5(3) An applicant who has relocated to Iowa from a state that did not require licensure to practice the profession may submit proof of work experience in lieu of educational and training requirements, if eligible, in accordance with rule 645—19.2(272C). ITEM 8. Adopt the following new subrule 221.6(3): 221.6(3) Licensure by verification. A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C). ITEM 9. Amend subrules 221.7(4) to 221.7(6) as follows: .(4) Upon receipt of 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. .(5) A person licensed to practice orthotics, prosthetics, or pedorthics shall keep the license certificate and wallet card(s)renewal displayed in a conspicuous public place at the primary site of practice. .(6) 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 5.15(7). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period. ITEM 10. Rescind subrule 224.2(12) and adopt the following new subrule in lieu thereof: 224.2(12) 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. [Filed 6/18/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5777CProfessional Licensure Division[645]Adopted and FiledRule making related to licensure, criminal convictions, and wallet cards
The Board of Psychology hereby amends Chapter 240, “Licensure of Psychologists,” and Chapter 242, “Discipline for Psychologists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76 and chapter 154B and 2020 Iowa Acts, House File 2627.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 147.10B and chapter 154B and 2020 Iowa Acts, House File 2627.Purpose and Summary These 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 5751C, IAB 7/14/21), which implements new Iowa Code section 272C.12, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards. These amendments include a requirement that licensed psychologists countersign all clinical records of unlicensed persons under their supervision in a practice setting.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5451C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. One change from the Notice has been made. Item 2 of the Notice rescinded and replaced subrule 240.10(4) with a new subrule 240.10(4) relating to licensure by verification. Item 2 has been revised so that existing subrule 240.10(4) is no longer rescinded and the new subrule is added but is now numbered as 240.10(5).Adoption of Rule Making This rule making was adopted by the Board on April 30, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. 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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend rule 645—240.9(154B) as follows:645—240.9(154B) Psychologists’ supervision of unlicensed persons in a practice setting. The supervising psychologist shall:- Be vested with administrative control over the functioning of assistants in order to maintain ultimate responsibility for the welfare of every client. When the employer is a person other than the supervising psychologist, the supervising psychologist must have direct input into administrative matters.
- Have sufficient knowledge of all clients, including face-to-face contact when necessary, in order to plan effective service delivery procedures. The progress of the work shall be monitored through such means as will ensure that full legal and professional responsibility can be accepted by the supervisor for all services rendered. Supervisors shall also be available for emergency consultation and intervention.
- Provide work assignments that shall be commensurate with the skills of the supervisee. All procedures shall be planned in consultation with the supervisor.
- Work in the same physical setting as the supervisee, unless the supervisee is receiving formal training pursuant to the requirements for licensure as a psychologist. For supervisees working off-site while receiving formal licensure training, ensure the off-site location has a licensed mental health provider or primary care provider on-site whenever the supervisee is working for purposes of providing emergency consultation.
- Make public announcement of services and fees; contact with laypersons or the professional community shall be offered only by or in the name of the supervising psychologist. Titles of unlicensed persons must clearly indicate their supervised status.
- Provide specific information to clients when an unlicensed person delivers services to those clients, including disclosure of the unlicensed person’s status and information regarding the person’s qualifications and functions.
- Inform clients of the possibility of periodic meetings with the supervising psychologist at the client’s, the supervisee’s or the supervisor’s request.
- Provide for setting and receipt of payment that shall remain the sole domain of the employing agency or supervising psychologist.
- Establish and maintain a level of supervisory contact consistent with established professional standards, and be fully accountable in the event that professional, ethical or legal issues are raised.
- Provide a detailed job description in which functions are designated at varying levels of difficulty, requiring increasing levels of training, skill and experience. This job description shall be made available to representatives of the board and service recipients upon request.
- Be responsible for the planning, course, and outcome of the work. The conduct of supervision shall ensure the professional, ethical, and legal protection of the client and of the unlicensed persons.
- Maintain an ongoing record of supervision which details the types of activities in which the unlicensed person is engaged, the level of competence in each, and the type and outcome of all procedures.
- Countersign all written reports, clinical records and communications as “Reviewed and Approved” by the supervising psychologist.
Rule making related to licensure, criminal convictions, and wallet cards
The Board of Respiratory Care and Polysomnography hereby amends Chapter 261, “Licensure of Respiratory Care Practitioners, Polysomnographic Technologists, and Respiratory Care and Polysomnography Practitioners,” and Chapter 263, “Discipline for Respiratory Care Practitioners and Polysomnographic Technologists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 147.76, 148G.5 and 152B.6 and 2020 Iowa Acts, House File 2627.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 147.10, 148G.5 and 152B.6 and 2020 Iowa Acts, House File 2627.Purpose and Summary These amendments implement the provisions of 2020 Iowa Acts, House File 2627, by (1) updating the Board’s licensure rules to include references to two rules in the new 645—Chapter 19 (ARC 5751C, IAB 7/14/21), which implements new Iowa Code sections 272C.12 and 272C.13, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5446C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on May 18, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. 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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 261.2(1)"a" as follows: a. The applicant shall complete a board-approvedan application packet. Application forms may be obtained from the board’s website (idph.iowa.gov/Licensing) or directly from the board office or may be submitted electronically at IBPLicense.iowa.gov. Paper applications shall be sent to Board of Respiratory Care and Polysomnography, Professional Licensure Division, Fifth Floor, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319-0075. ITEM 2. Adopt the following new subrules 261.4(7) and 261.4(8): 261 261.4 4(7) Licensure by proof of work experience. An applicant who has relocated to Iowa from a state that did not require licensure to practice the profession may submit proof of work experience in lieu of educational and training requirements, if eligible, in accordance with rule 645—19.2(272C). 261 261.4 4(8) Licensure by verification. A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C). ITEM 3. Amend subrule 261.8(6) as follows: 261.8(6) A person licensed to practice as a respiratory care practitioner, polysomnographic technologist, or respiratory care and polysomnography practitioner shall keep the person’s license certificate and wallet cardrenewal displayed in a conspicuous public place at the primary site of practice. ITEM 4. Amend subrule 261.8(7) as follows: 261.8(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 rule 645—5.17(147,152B). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period. ITEM 5. Rescind subrule 263.2(11) and adopt the following new subrule in lieu thereof: 263.2(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. [Filed 6/18/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5771CProfessional Licensure Division[645]Adopted and FiledRule making related to licensure, criminal convictions, and wallet cards
The Board of Social Work hereby amends Chapter 280, “Licensure of Social Workers,” and Chapter 283, “Discipline for Social Workers,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 147.76 and 154C.4 and 2020 Iowa Acts, House File 2627.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 147.10 and 154C.3 and 2020 Iowa Acts, House File 2627.Purpose and Summary These 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 5751C, IAB 7/14/21), which implements new Iowa Code section 272C.12, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards and update an obsolete cross-reference.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5447C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on May 10, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. 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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend subrule 280.3(1) as follows: 280.3(1) The applicant shall complete a board-approvedsubmit a completed licensure application. Application forms may be obtained from the board’s website (www.idph.iowa.gov/licensure) or directly from the board office, or the applicant may complete the application online at ibplicense.iowa.gov. All paper applications shall be sent to Board of Social Work, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. ITEM 2. Amend subrule 280.3(9) as follows: 280.3(9) Notification of licensure shall be sent to the licensee by regular mail. ITEM 3. Amend rule 645—280.7(154C) as follows:645—280.7(154C) Licensure by endorsement. 280.7(1) An applicant who has been a licensed social worker under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia, another state, territory, province or foreign country who: 1a. Submits to the board a completed application; 2b. Pays the licensure fee; 3c. Shows evidence of licensure requirements that are similar to those required in Iowa; 4d. Provides official copies of the academic transcripts; 5e. Provides official copies of the appropriate or higher level examination score sent directly from the ASWB; and 6f. Provides verification of license(s) from every jurisdiction in which the applicant has been licensed, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides: ●(1) Licensee’s name; ●(2) Date of initial licensure; ●(3) Current licensure status; and ●(4) Any disciplinary action taken against the license. 280.7(2) A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C). In lieu of the requirements in numbered paragraphs “4,” “5,” and “6” of this rule,paragraphs 280.7(1)“d,” “e,” and “f,” the board will accept the ASWB Social Work Registry verification of academic transcripts, examination scores, and licensure in other states. ITEM 4. Amend subrule 280.9(6) as follows: 280.9(6) 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. ITEM 5. Amend subrule 280.14(2) as follows: 280.14(2) Pay the reactivation fee that is due as specified in 645—Chapter 284645—subrule 5.19(4). ITEM 6. Rescind subrule 283.2(11) and adopt the following new subrule in lieu thereof: 283.2(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. [Filed 6/18/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5757CProfessional Licensure Division[645]Adopted and FiledRule making related to licensure, criminal convictions, and wallet cards
The Board of Speech Pathology and Audiology hereby amends Chapter 300, “Licensure of Speech Pathologists and Audiologists,” and Chapter 304, “Discipline for Speech Pathologists and Audiologists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76 and chapter 154F 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 chapter 154F and 2020 Iowa Acts, House File 2627.Purpose and Summary These amendments implement the provisions of 2020 Iowa Acts, House File 2627, by (1) updating the Board’s licensure rules to include references to two rules in the new 645—Chapter 19 (ARC 5751C, IAB 7/14/21), which implements new Iowa Code sections 272C.12 and 272C.13, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5457C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on April 16, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed.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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend subrule 300.3(1) as follows: 300.3(1) The applicant shall completesubmit a board-approvedcompleted licensure application packet. Application forms may be obtained from the board’s website (www.idph.iowa.gov/licensure) or directly from the board office. All applications shall be sent to Board of Speech Pathology and Audiology, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. ITEM 2. Adopt the following new subrule 300.3(7): 300.3(7) An applicant who has relocated to Iowa from a state that did not require licensure to practice the profession may submit proof of work experience in lieu of educational and training requirements, if eligible, in accordance with rule 645—19.2(272C). ITEM 3. Amend subrule 300.9(2), introductory paragraph, as follows: 300.9(2) The applicant shall completesubmit a board-approvedcompleted licensure application packet. Application forms may be obtained from the board’s website (www.idph.iowa.gov/licensure) or directly from the board office. All applications shall be sent to Board of Speech Pathology and Audiology, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. Each application shall be submitted with the following: ITEM 4. Adopt the following new subrule 300.9(3): 300.9(3) A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C). ITEM 5. Amend subrule 300.11(5) as follows: 300.11(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. ITEM 6. Amend subrule 300.11(6) as follows: 300.11(6) A person licensed to practice as a speech pathologist or audiologist shall keep the person’s license certificate and wallet cardrenewal displayed in a conspicuous public place at the primary site of practice. ITEM 7. Amend subrule 300.11(7) as follows: 300.11(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 5.20(3). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period. ITEM 8. Rescind subrule 304.2(11) and adopt the following new subrule in lieu thereof: 304.2(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. [Filed 6/15/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5752CProfessional Licensure Division[645]Adopted and FiledRule making related to criminal convictions and wallet cards
The Board of Physician Assistants hereby amends 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 adopted 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 These 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 5751C, IAB 7/14/21), which implements new Iowa Code section 272C.12, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 30, 2020, as ARC 5368C. A public hearing was held on January 19, 2021, at 9:30 a.m. in Fifth Floor Board Conference Room 526, Lucas State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on March 26, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. It is unknown how many applicants will 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.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 August 18, 2021. The following rule-making actions are adopted:
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. [Filed 6/14/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5753CProfessional Licensure Division[645]Adopted and FiledRule making related to licensure, criminal convictions, and wallet cards
The Board of Athletic Trainers hereby amends Chapter 351, “Licensure of Athletic Trainers,” and Chapter 353, “Discipline for Athletic Trainers,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76 and chapter 152D 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 chapter 152D and 2020 Iowa Acts, House File 2627.Purpose and Summary These amendments implement the provisions of 2020 Iowa Acts, House File 2627, by (1) updating the Board’s licensure rules to include references to two rules in the new 645—Chapter 19 (ARC 5751C, IAB 7/14/21), which implements new Iowa Code sections 272C.12 and 272C.13, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5461C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on June 8, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed.Jobs Impact 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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend subrule 351.2(1) as follows: 351.2(1) The applicant shall completesubmit a board-approvedcompleted licensure application packet. Application forms may be obtained from the board’s website (idph.iowa.gov/Licensure/Iowa-Board-of-Athletic-Training) or directly from the board office. All applications shall be sent to Board of Athletic Training, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. ITEM 2. Adopt the following new subrule 351.3(3): 351.3(3) An applicant who has relocated to Iowa from a state that did not require licensure to practice the profession may submit proof of work experience in lieu of educational and training requirements, if eligible, in accordance with rule 645—19.2(272C). ITEM 3. Amend rule 645—351.7(152D) as follows:645—351.7(152D) Licensure by endorsement. 351.7(1) An applicant who has been a licensed athletic trainer under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who: 1a. Submits to the board a completed application; 2b. Pays the licensure fee; 3c. Has the academic transcript(s) sent directly from the school(s) to the board; 4d. Shows evidence of licensure requirements that are similar to those required in Iowa; 5e. Provides verification of license(s) from every jurisdiction in which the applicant has been licensed, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides: ●(1) Licensee’s name; ●(2) Date of initial licensure; ●(3) Current licensure status; and ●(4) Any disciplinary actions taken against the license. 6f. Submits evidence: ●(1) From BOC of current certification status sent directly from BOC to the board, or ●(2) Of a passing score on the examination of the BOC sent directly from BOC to the board. 351.7(2) Licensure by verification. A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C). ITEM 4. Amend subrule 351.9(5) as follows: 351.9(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. ITEM 5. Amend subrule 351.9(6) as follows: 351.9(6) A person licensed to practice as an athletic trainer shall keep the license certificate and wallet cardrenewal displayed in a conspicuous public place at the primary site of practice. ITEM 6. Amend subrule 351.9(7) as follows: 351.9(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 5.1(4). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period. ITEM 7. Rescind subrule 353.2(12) and adopt the following new subrule in lieu thereof: 353.2(12) 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. [Filed 6/15/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5773CProfessional Licensure Division[645]Adopted and FiledRule making related to licensure, criminal convictions, and wallet cards
The Board of Sign Language Interpreters and Transliterators hereby amends Chapter 361, “Licensure of Sign Language Interpreters and Transliterators,” and Chapter 363, “Discipline for Sign Language Interpreters and Transliterators,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76 and chapter 154E 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 chapter 154E and 2020 Iowa Acts, House File 2627.Purpose and Summary These amendments implement the provisions of 2020 Iowa Acts, House File 2627, by (1) updating the Board’s licensure rules to include references to two rules in the new 645—Chapter 19 (ARC 5751C, IAB 7/14/21), which implements new Iowa Code sections 272C.12 and 272C.13, and (2) updating the Board’s rules regarding criminal convictions as grounds for discipline. These amendments also remove references to wallet cards.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5459C. A virtual public hearing was held on March 16, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on June 11, 2021.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. Licensees will no longer need to pay to receive duplicate wallet cards and instead will be able to print their own renewal verification if needed. 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.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Adopt the following new subrule 361.2(4): 361.2(4) An applicant who has relocated to Iowa from a state that did not require licensure to practice the profession may submit proof of work experience in lieu of educational and training requirements, if eligible, in accordance with rule 645—19.2(272C). ITEM 2. Amend rule 645—361.4(154E) as follows:645—361.4(154E) Licensure by endorsement. 361.4(1) An applicant who has been a licensed sign language interpreter or transliterator under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who: 1a. Submits to the board a completed application; 2b. Pays the licensure fee; 3c. Shows evidence of licensure requirements that are similar to those required in Iowa; 4d. Provides an equivalency evaluation of foreign educational credentials sent directly from the equivalency service to the board; 5e. Provides: ●(1) Examination scores which shall be sent directly from the examination service to the board; or ●(2) A notarized certificate which shall be submitted showing proof of the successful completion of the examination specified in rule 645—361.2(154E); and 6f. Provides verification of license(s) from every jurisdiction in which the applicant has been licensed, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification directly from the jurisdiction’s board office if the verification provides: ●(1) The licensee’s name; ●(2) The date of initial licensure; ●(3) Current licensure status; and ●(4) Any disciplinary action taken against the license. 361.4(2) Licensure by verification. A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C). ITEM 3. Amend subrule 361.5(4) as follows: 361.5(4) 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. ITEM 4. Amend subrule 361.5(5) as follows: 361.5(5) A person licensed to practice as a sign language interpreter or transliterator shall keep the person’s license certificate and wallet cardrenewal displayed in a conspicuous public place at the primary site of practice. ITEM 5. Amend subrule 361.5(6) as follows: 361.5(6) 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 5.18(4). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period. ITEM 6. Rescind subrule 363.2(11) and adopt the following new subrule in lieu thereof: 363.2(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. [Filed 6/18/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5762CPublic Health Department[641]Adopted and FiledRule making related to licensure
The Plumbing and Mechanical Systems Board hereby amends Chapter 28, “Plumbing and Mechanical Systems Board—Licensure Fees,” Chapter 29, “Plumbing and Mechanical Systems Board—Application, Licensure, and Examination,” Chapter 32, “Plumbing and Mechanical Systems Board—Licensee Discipline,” Chapter 35, “Plumbing and Mechanical Systems Board—Licensure of Nonresident Applicant—Reciprocity,” Chapter 57, “Plumbing and Mechanical Systems Board—Declaratory Orders,” and Chapter 62, “Plumbing and Mechanical Systems Board—Military Service and Veteran Reciprocity,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 105.4. State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 17A, 105, and 272C and 2020 Iowa Acts, House File 2627.Purpose and Summary These amendments largely reflect changes across several chapters of the Iowa Administrative Code that are necessary to comply with and implement 2020 Iowa Acts, House File 2627. 2020 Iowa Acts, House File 2627, established guidelines for considering and reviewing the criminal history of license applicants or prospective applicants, including a process by which any applicant may petition the Board to determine whether having a criminal history would disqualify the applicant from receiving a license. The amendments to Chapters 28, 29, 32, and 57 explain the “eligibility determination” process and incorporate other legislative guidelines for considering and reviewing criminal history in the course of deciding whether to issue a license or whether to impose discipline on an existing licensee. 2020 Iowa Acts, House File 2627, also established alternative pathways to Iowa licensure for: (1) military spouses, (2) newly established Iowa residents who possess a license or certification from another jurisdiction, and (3) newly established Iowa residents whose practice in the profession in another jurisdiction did not require a license. The amendments to Chapters 28, 35, and 62 add structure and detail to those alternative pathways.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 24, 2021, as ARC 5477C. No public comments were received. There are two minor changes from the Notice. Item 15 was amended to change the catchword from “Definition” to “Definitions” and to make a grammatical correction. The item statement for Item 24 was corrected for accuracy.Adoption of Rule Making This rule making was adopted by the Board on June 1, 2021.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 the Board’s waiver provisions contained in 641—Chapter 31.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend subrule 28.1(2) as follows: 28.1(2) Fees for three-year reciprocal licensesor three-year licenses obtained by verification in accordance with 641—Chapter 35 are as follows: a. An apprentice license as defined in 641—subrule 29.2(1) is $50. b. A journey license as defined in 641—subrule 29.2(2) is $180. c. A master license as defined in 641—subrule 29.2(3) is $240. d. Fees for all reciprocal licensesor three-year licenses obtained by verification in accordance with 641—Chapter 35 issued for a period of less than three years shall be prorated using a one-sixth deduction for each six-month period. ITEM 2. Rescind paragraph 28.1(3)"h". ITEM 3. Adopt the following new subrule 28.1(13): 28.1(13) The fee for submitting a petition for eligibility determination as defined in 641—subrule 29.13(2) is $25. ITEM 4. Adopt the following new rule 641—28.3(105):641—28.3(105) Waiver of fees. The board shall waive any fee charged to an applicant for a license if the applicant’s household income does not exceed 200 percent of the federal poverty income guidelines and the applicant is applying for the license for the first time in this state. ITEM 5. Amend 641—Chapter 28, implementation sentence, as follows: These rules are intended to implement Iowa Code sectionsections105.9 as amended by 2013 Iowa Acts, Senate File 427and 272C.15. ITEM 6. Adopt the following new definitions of “Complete criminal record,” “Conviction,” “Directly relates,” “Disqualifying conviction” and “Eligibility determination” in rule 641—29.1(105): "Complete criminal record" means the complaint and judgment of conviction for each offense of which the applicant has been convicted, regardless of whether the offense is classified as a felony or a misdemeanor, and regardless of the jurisdiction in which the offense occurred. "Conviction" means a finding, plea, or verdict of guilt made or returned in a criminal proceeding, even if the adjudication of guilt is deferred, withheld, or not entered. “Conviction” includes Alford pleas and pleas of nolo contendere. "Directly relates" or "directly related" means either that the actions taken in furtherance of an offense are actions customarily performed within the scope of practice of the profession; or that the circumstances under which an offense was committed are customary to the profession. "Disqualifying conviction" or "disqualifying offense" means a conviction directly related to the practice of the profession. "Eligibility determination" means the process by which a person who has not yet submitted a completed license application may request that the board determine whether one or more of the person’s convictions are disqualifying offenses that would prevent the individual from receiving a license or certification. ITEM 7. Amend subparagraph 29.2(4)"a" as follows: (3) Effective July 1, 2017, contractor licensure under Iowa Code chapter 105as amended by 2013 Iowa Acts, Senate File 427, shall constitute registration as a contractor under Iowa Code chapter 91C. ITEM 8. Amend paragraph 29.5(4)"c" as follows: c. Documentation of criminal convictions related to the practice of the profession, which shall include a full explanation from the applicantapplicant’s complete criminal record, including the applicant’s personal statement regarding whether each offense directly relates to the practice of the profession. No application shall be considered complete unless and until the licenseeapplicant responds to board requests for additional information regarding applicantthe applicant’s complete criminal convictionsrecord. ITEM 9. Amend subrule 29.11(1) as follows: 29.11(1) Upon receipt of a completed application, the board executive officer or designee has discretion to: a. Authorize the issuance of the license, certification, or examination application. b. Refer the application to a committee of the board for review and consideration when the board executive officer determines that matters including, but not limited to, prior criminal history, chemical dependence, competency, physical or psychological illness, professional liability claims or settlements, professional disciplinary history, education or experience,raised in or revealed by the application are relevant in determining the applicant’s qualifications for a license, certification, or examination.Matters that may justify referral to a committee of the board include, but are not limited to: (1) Prior criminal history, which is reviewed and considered in accordance with Iowa Code chapter 272C and rule 641—29.13(105). (2) Chemical dependence. (3) Competency. (4) Physical or psychological illness or disability. (5) Judgments entered on, or settlements of, claims, lawsuits, or other legal actions related to the profession. (6) Professional disciplinary history. (7) Education or experience. ITEM 10. Adopt the following new rule 641—29.13(105):641—29.13(105) Use of criminal convictions in eligibility determinations and initial licensing decisions. 29.13(1) License application. Unless an applicant for licensure petitions the board for an eligibility determination, the applicant’s convictions will be reviewed when the board receives a completed license application. a. Full disclosure required.An applicant must disclose all convictions on a license application. Failure to disclose all convictions is grounds for license denial or disciplinary action following license issuance. b. Documentation and personal statement.An applicant with one or more convictions must submit the complete criminal record for each conviction and a personal statement regarding whether each conviction directly relates to the practice of the profession in order for the license application to be considered complete. c. Rehabilitation.An applicant must as part of the license application submit all evidence of rehabilitation that the applicant wishes to be considered by the board. The board may deny a license if the applicant has a disqualifying offense, unless the applicant demonstrates by clear and convincing evidence that the applicant is rehabilitated pursuant to Iowa Code section 272C.15. An applicant with one or more disqualifying offenses who has been found rehabilitated must still satisfy all other requirements for licensure. d. Nonrefundable fees.Any application fees will not be refunded if the license is denied. 29.13(2) Eligibility determination. An individual who has not yet submitted a completed license application may petition the board for an eligibility determination. An individual with a conviction is not required to petition the board for an eligibility determination before applying for a license. To petition the board for an eligibility determination, a petitioner must submit all of the following: a. A completed eligibility determination form, which is available on the board’s website; b. The complete criminal record for each of the petitioner’s convictions; c. A personal statement regarding whether each conviction directly relates to the practice of the profession and why the board should find the petitioner is rehabilitated; d. All evidence of rehabilitation that the petitioner wants the board to consider; and e. Payment of a nonrefundable fee in the amount of $25. 29.13(3) Appeal. A petitioner found ineligible or an applicant denied a license because of a disqualifying offense may appeal the decision in the manner and time frame set forth in the board’s written decision. A timely appeal will initiate a nondisciplinary contested case proceeding. The board’s rules governing nondisciplinary contested case proceedings apply unless otherwise specified in this rule. If the petitioner fails to timely appeal, the board’s written decision will become a final order. a. Presiding officer.The presiding officer will be the board. However, any party to an appeal of a license denial or ineligibility determination may file a written request, in accordance with rule 641—33.10(17A), requesting that the presiding officer be an administrative law judge. Additionally, the board may, on its own motion, request that an administrative law judge be assigned to act as presiding officer. An administrative law judge assigned to act as presiding officer in a nondisciplinary contested case proceeding under this rule must possess a juris doctorate degree. When an administrative law judge serves as the presiding officer, the decision rendered will be a proposed decision. b. Burden.The office of the attorney general shall represent the board’s initial ineligibility determination or license denial and shall have the burden of proof to establish that the petitioner’s or applicant’s convictions include at least one disqualifying offense. Upon satisfaction of this burden by a preponderance of the evidence by the office of the attorney general, the burden of proof shall shift to the petitioner or applicant to establish rehabilitation by clear and convincing evidence. c. Judicial review.A petitioner or applicant must appeal an ineligibility determination or a license denial in order to exhaust administrative remedies. A petitioner or applicant may only seek judicial review of an ineligibility determination or license denial after the issuance of a final order following a contested case proceeding. Judicial review of the final order following a contested case proceeding shall be in accordance with Iowa Code chapter 17A. 29.13(4) Future petitions or applications. If a final order determines a petitioner is ineligible, the petitioner may not submit a subsequent petition for eligibility determination or a license application prior to the date specified in the final order. If a final order denies a license application, the applicant may not submit a subsequent license application or a petition for eligibility determination prior to the date specified in the final order. ITEM 11. Amend 641—Chapter 29, implementation sentence, as follows: These rules are intended to implement Iowa Code sections 105.2, 105.5, 105.9, 105.18, 105.19, 105.20, 105.22,and 272C.3 and 2013 Iowa Acts, Senate File 427, and 272C.15. ITEM 12. Adopt the following new definitions of “Conviction,” “Directly relates” and “Disqualifying conviction” in rule 641—32.1(105,272C): "Conviction" means a finding, plea, or verdict of guilt made or returned in a criminal proceeding, even if the adjudication of guilt is deferred, withheld, or not entered. “Conviction” includes Alford pleas and pleas of nolo contendere. "Directly relates" or "directly related" means either that the actions taken in furtherance of an offense are actions customarily performed within the scope of practice of the profession; or that the circumstances under which an offense was committed are customary to the profession. "Disqualifying conviction" or "disqualifying offense" means a conviction directly related to the practice of the profession. ITEM 13. Amend subrule 32.2(5) as follows: 32.2(5) Conviction of a felony listed in Iowa Code section 105.22(4)disqualifying offense in the courts of this state or another state, territory, or country. Afile-stamped copy of the recordfinal order or judgment or conviction or plea of guilty shall bein this state or another state, territory, or country constitutes conclusive evidence of suchthe conviction. ITEM 14. Amend 641—Chapter 35, title, as follows:PLUMBING AND MECHANICAL SYSTEMS BOARD—ALTERNATIVELICENSURE OF NONRESIDENT APPLICANT—RECIPROCITYPATHWAYS ITEM 15. Amend rule 641—35.1(105) as follows:641—35.1(105) DefinitionDefinitions. For purposes of this chapter, the following definition appliesdefinitions apply: "Board" means the plumbing and mechanical systems board as established pursuant to Iowa Code section 105.3. "Full time" means a minimum of 1,700 hours of work in a one-year period. "Issuing jurisdiction" means the duly constituted authority in another state that has issued a professional license, certificate, or registration to a person. "Transferring jurisdiction" means the specific issuing jurisdiction on which an applicant relies to seek licensure in Iowa by verification under this chapter. ITEM 16. Amend subrule 35.2(2) as follows: 35.2(2) The board shall not enter into a reciprocity agreement with another state unless the other state grants the same reciprocity licensing privileges to residents of Iowa who have obtained Iowa plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic licenses under Iowa Code chapter 105 as amended by 2013 Iowa Acts, Senate File 427. ITEM 17. Amend rule 641—35.3(105), catchwords, as follows:641—35.3(105) ApplicationLicensure by reciprocity. ITEM 18. Amend subrule 35.3(1) as follows: 35.3(1) RegistrationReciprocity requirements. The board may issue a reciprocal license ifall of the following criteria are met: a. The applicant is a nonresident of Iowa; b. The applicant possesses a valid plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic license issued from a statean issuing jurisdiction with which the board has entered into a reciprocity agreement; c. The applicant has paid the appropriate fee or fees required in 641—Chapter 28; d. The applicant meets the minimum qualifications for licensureset forth in rule 641—29.4(105); and e. The applicant agrees to comply with all provisions of Iowa law andapplicable administrative rules. ITEM 19. Adopt the following new rules 641—35.4(105) and 641—35.5(105):641—35.4(105) Licensure by verification. Licensure by verification is available under the following circumstances. 35.4(1) Eligibility. A person may seek licensure by verification if all of the following criteria are satisfied: a. The person is licensed, certified, or registered in at least one other issuing jurisdiction; b. The person has been licensed, certified, or registered by another issuing jurisdiction for at least one year; c. The scope of practice in the transferring jurisdiction is substantially similar to the scope of practice in Iowa; d. The person’s license, certification, or registration is in good standing in all issuing jurisdictions in which the person holds a license, certificate, or registration; and e. The person either: (1) Establishes residency in the state of Iowa; or (2) Is married to an active duty member of the military forces of the United States and is accompanying the member on an official permanent change of station. 35.4(2) Board application. The applicant must submit all of the following: a. A completed application for licensure by verification. b. Payment of the appropriate fee or fees required by 641—Chapter 28. c. A verification form completed by the transferring jurisdiction, verifying that the applicant’s license, certificate, or registration in that jurisdiction complies with the requirements of Iowa Code section 272C.12. The completed verification form must be sent directly from the transferring jurisdiction to the board. d. Proof of residency in the state of Iowa or proof of military member’s official permanent change of station. Proof of residency may include: (1) A residential mortgage, lease, or rental agreement; (2) A utility bill; (3) A bank statement; (4) A paycheck or pay stub; (5) A property tax statement; (6) A document issued by the federal or state government; or (7) Any other board-approved document that reliably confirms Iowa residency. e. Proof of passing the applicable Iowa licensing examination. f. Documentation of the applicant’s complete criminal record in accordance with 641—paragraph 29.5(4)“c,” including the applicant’s personal statement regarding whether each offense directly relates to the practice of the profession. g. Copies of any relevant disciplinary documents, if another issuing jurisdiction has taken disciplinary action against the applicant. 35.4(3) Applicants with prior discipline. If another issuing jurisdiction has taken disciplinary action against an applicant, the board will determine whether the cause for the disciplinary action has been corrected and the matter has been resolved. If the board determines the disciplinary matter has not been resolved, the board will neither issue a license nor deny the application for licensure until the matter is resolved. A person whose license was revoked, or a person who voluntarily surrendered a license, in another issuing jurisdiction is ineligible for licensure by verification. 35.4(4) Applicants with pending licensing complaints or investigations. If an Iowa applicant is concurrently subject to a complaint, allegation, or investigation relating to unprofessional conduct pending before any regulating entity in another issuing jurisdiction, the board will neither issue a license nor deny the application for licensure until the complaint, allegation, or investigation is resolved. 35.4(5) Temporary licenses. Applicants who satisfy all requirements for a license by verification under this rule, except for passing the applicable Iowa licensing examination, may be issued a temporary license that is valid for a period of three months and may be renewed once for an additional period of three months. The applicant must submit proof of passing the applicable Iowa licensing examination before the temporary license expires.641—35.5(105) Licensure by work experience in jurisdictions without licensure requirements. 35.5(1) Work experience. a. An applicant for initial licensure who has relocated to Iowa from another jurisdiction that did not require a license to practice the profession may be considered to have met the applicable educational and training requirements if the person has at least three years of full time work experience within the four years preceding the date of application for initial licensure. For each application submitted under this rule, the board will determine whether the applicant’s prior work experience was substantially similar to the applicable apprenticeship training that is required for individuals licensed under 641—Chapter 29. b. If the board determines an applicant’s prior work experience was not substantially similar to the scope of practice in Iowa, the applicant may submit a subsequent application for licensure by work experience if all of the following criteria are satisfied: (1) The applicant enrolls in an apprenticeship program approved by the United States Department of Labor; (2) The applicant obtains a board-issued apprentice license; and (3) The applicant successfully completes one year in the apprenticeship program. c. The applicant must satisfy all other license requirements, including passing any required examinations, to receive a license. 35.5(2) Required documentation. An applicant seeking to substitute work experience in lieu of satisfying applicable education or training requirements bears the burden of providing all of the following by submitting relevant documents as part of a completed license application: a. Proof of Iowa residency, which may include: (1) A residential mortgage, lease, or rental agreement; (2) A utility bill; (3) A bank statement; (4) A paycheck or pay stub; (5) A property tax statement; (6) A document issued by the federal or state government; or (7) Any other board-approved document that reliably confirms Iowa residency. b. Proof of three or more years of full time work experience within the four years preceding the application for Iowa licensure, which demonstrates that the work experience was substantially similar to an applicable apprenticeship program approved by the United States Department of Labor. Proof of work experience may include, but is not limited to: (1) A letter from the applicant’s prior employer or employers documenting the applicant’s dates of employment and scope of practice; (2) A paycheck or pay stub; or (3) If the applicant was self-employed, business documents filed with the secretary of state or other applicable business registry or regulatory agency in the other jurisdiction. c. Proof that the applicant’s work experience involved a substantially similar scope of practice to the practice in Iowa, which must include: (1) A written statement by the applicant detailing the scope of practice and stating how the work experience correlates to an applicable apprenticeship program approved by the United States Department of Labor; and (2) Business or marketing materials detailing the services provided. d. Proof that the other jurisdiction did not require a license to practice the profession, which may include: (1) Copies of applicable laws; (2) Materials from a website operated by a governmental entity in that jurisdiction; or (3) Materials from a nationally recognized professional association applicable to the profession. ITEM 20. Amend 641—Chapter 35, implementation sentence, as follows: These rules are intended to implement Iowa Code sectionsections105.21 as amended by 2013 Iowa Acts, Senate File 427and 272C.12. ITEM 21. Adopt the following new rule 641—57.13(17A):641—57.13(17A) Petition for eligibility determination. Petitions for eligibility determination in accordance with Iowa Code section 272C.15(5) are not declaratory order proceedings and are not governed by this chapter. Petitions for eligibility determination are instead governed by 641—Chapter 29. ITEM 22. Amend 641—Chapter 57, implementation sentence, as follows: These rules are intended to implement Iowa Code sectionsections17A.9and 272C.15. ITEM 23. Amend 641—Chapter 62, title, as follows:PLUMBING AND MECHANICAL SYSTEMS BOARD— MILITARY SERVICE,AND VETERAN RECIPROCITY, AND SPOUSES OF ACTIVE DUTY SERVICE MEMBERS ITEM 24. Amend rule 641—62.1(85GA,ch1116) as follows:641—62.1(85GA,ch1116272C) Military service, and veteran reciprocity, and spouses of active duty service members. The board hereby adopts by reference 641—Chapter 196, “Military Service, and Veteran Reciprocity,and Spouses of Active Duty Service Members,” Iowa Administrative Code. ITEM 25. Adopt the following new rule 641—62.2(272C):641—62.2(272C) Spouses of military members. A person who is married to an active duty member of the military forces of the United States, and who is accompanying the member on an official permanent change of station, may seek licensure by verification in accordance with 641—Chapter 35. ITEM 26. Amend 641—Chapter 62, implementation sentence, as follows: This rule isThese rules are intended to implement 2014 Iowa Acts, chapter 1116, division VIIowa Code sections 272C.4 and 272C.12. [Filed 6/14/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5763CPublic Health Department[641]Adopted and FiledRule making related to licensure
The Public Health Department hereby amends Chapter 70, “Lead-Based Paint Activities,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 135.105A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 272C and section 135.105A and 2020 Iowa Acts, House File 2627.Purpose and Summary These amendments to Chapter 70 implement 2020 Iowa Acts, House File 2627; standardize when a certification can be denied due to criminal convictions; and provide an opportunity for an eligibility determination.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 10, 2021, as ARC 5506C. 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 June 12, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to the Department’s waiver provisions contained in 641—Chapter 178.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Adopt the following new definitions of “Complete criminal record,” “Conviction” and “Disqualifying offense” in rule 641—70.2(135): "Complete criminal record" includes the complaint and judgment of conviction for each offense of which the applicant has been convicted, regardless of whether the offense is classified as a felony or a misdemeanor, and regardless of the jurisdiction in which the offense occurred. "Conviction" means a finding, plea, or verdict of guilt made or returned in a criminal proceeding, even if the adjudication of guilt is deferred, withheld, or not entered. “Conviction” includes Alford pleas and pleas of nolo contendere. "Disqualifying offense" means a conviction directly related to the duties and responsibilities of the profession. A conviction is directly related to the duties and responsibilities of the profession if either (1) the actions taken in furtherance of an offense are actions customarily performed within the scope of practice of a certified profession, or (2) the circumstances under which an offense was committed are circumstances customary to a certified profession. ITEM 2. Adopt the following new subrule 70.5(3): 70.5(3) Use of criminal convictions in eligibility determinations and initial licensing decisions. a. License application.Unless an applicant for licensure petitions the department for an eligibility determination pursuant to paragraph 70.5(3)“b,” the applicant’s convictions will be reviewed when the department receives a completed certification application. (1) An applicant must disclose all convictions on a certification application. Failure to disclose all convictions is grounds for certification denial or disciplinary action following certification issuance. (2) An applicant with one or more convictions shall submit the complete criminal record for each conviction and a personal statement regarding whether each conviction directly relates to the practice of the profession in order for the certification application to be considered complete. (3) An applicant must submit as a part of the certification application all evidence of rehabilitation that the applicant wishes to be considered by the department. (4) The department may deny a certification if the applicant has a disqualifying offense unless the applicant demonstrates by clear and convincing evidence that the applicant is rehabilitated pursuant to Iowa Code section 272C.15. (5) An applicant with one or more disqualifying offenses who has been found rehabilitated must still satisfy all other requirements for certification. (6) Any application fees paid will not be refunded if the certification is denied. b. Eligibility determination.An individual who has not yet submitted a completed certification application may petition the department for a determination of whether one or more of the individual’s convictions are disqualifying offenses that would render the individual ineligible for certification. An individual with a conviction is not required to petition the department for an eligibility determination prior to applying for certification. To petition the department for an eligibility determination of whether one or more of the petitioner’s convictions are disqualifying offenses, a petitioner shall submit all of the following: (1) A completed petition for eligibility determination form; (2) The complete criminal record for each of the petitioner’s convictions; (3) A personal statement regarding whether each conviction directly relates to the duties and responsibilities of the profession and why the department should find the petitioner rehabilitated; (4) All evidence of rehabilitation that the petitioner wishes to be considered by the department; and (5) Payment of a nonrefundable fee of $25. c. Appeal.A petitioner deemed ineligible or an applicant denied a certification because of a disqualifying offense may appeal the decision in the manner and time frame set forth in the department’s written decision. A timely appeal will initiate a nondisciplinary contested case proceeding. The department’s rules governing contested case proceedings will apply unless otherwise specified in this rule. If the petitioner or applicant fails to timely appeal, the department’s written decision will become a final order. (1) An administrative law judge will serve as the presiding officer of the nondisciplinary contested case proceeding, unless the department elects to serve as the presiding officer. When an administrative law judge serves as the presiding officer, the decision rendered shall be a proposed decision. (2) The office of the attorney general shall represent the department’s initial ineligibility determination or certification denial and shall have the burden of proof to establish that the petitioner or applicant’s convictions include at least one disqualifying offense. Upon satisfaction of this burden by a preponderance of the evidence by the office of the attorney general, the burden of proof shall shift to the petitioner or applicant to establish rehabilitation by clear and convincing evidence. (3) A petitioner or applicant must appeal an ineligibility determination or certification denial in order to exhaust administrative remedies. A petitioner or applicant may only seek judicial review of an ineligibility determination or certification denial after the issuance of a final order following a contested case proceeding. Judicial review of the final order following a contested case proceeding shall be in accordance with Iowa Code chapter 17A. d. Future petitions or applications.If a final order determines a petitioner is ineligible, the petitioner may not submit a subsequent petition for eligibility determination or a certification application prior to the date specified in the final order. If a final order denies a certification application, the applicant may not submit a subsequent certification application or a petition for eligibility determination prior to the date specified in the final order. ITEM 3. Amend 641—Chapter 70, implementation sentence, as follows: These rules are intended to implement Iowa Code sectionsections135.105A, 272C.4 and 272C.12. [Filed 6/14/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5764CPublic Health Department[641]Adopted and FiledRule making related to licensure
The Public Health Department hereby amends Chapter 131, “Emergency Medical Services—Providers—Initial Certification—Renewal and Reactivation—Authority—Complaints and Investigations,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapters 147A and 272C.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 147A and 272C and 2020 Iowa Acts, House File 2627.Purpose and Summary These amendments incorporate required language from 2020 Iowa Acts, House File 2627. These amendments reflect the model language for adoption that is being adopted by all the boards impacted by 2020 Iowa Acts, House File 2627, where relevant. The sections of 2020 Iowa Acts, House File 2627, that are relevant to Chapter 131 include sections 23, 24, 26 and 29 and are reflected in the amendments.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 10, 2021, as ARC 5507C. 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 May 12, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to the Department’s waiver provisions contained in 641—Chapter 178.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend rule 641—131.2(147A,147D), parenthetical implementation statute, as follows:641—131.2(147A,147D,272C) Definitions. ITEM 2. Adopt the following new definitions of “Complete criminal record,” “Conviction” and “Disqualifying offense” in rule 641—131.2(147A,147D): "Complete criminal record" includes the complaint and judgment of conviction for each offense of which the applicant has been convicted, regardless of whether the offense is classified as a felony or a misdemeanor, and regardless of the jurisdiction in which the offense occurred. "Conviction" means a finding, plea, or verdict of guilt made or returned in a criminal proceeding, even if the adjudication of guilt is deferred, withheld, or not entered. “Conviction” includes Alford pleas and pleas of nolo contendere. "Disqualifying offense" means a conviction directly related to the duties and responsibilities of the profession. A conviction is directly related to the duties and responsibilities of the profession if either (1) the actions taken in furtherance of an offense are actions customarily performed within the scope of practice of a certified profession, or (2) the circumstances under which an offense was committed are circumstances customary to a certified profession. ITEM 3. Amend rule 641—131.3(147A), parenthetical implementation statute, as follows:641—131.3(147A,272C) Initial certification. ITEM 4. Adopt the following new subrules 131.3(6) and 131.3(7): 131 131.3 3(6) Fees may be waived in accordance with provisions in Iowa Code chapter 272C for individuals demonstrating income that does not exceed 200 percent of the federal poverty level. 131 131.3 3(7) Use of criminal convictions in eligibility determinations and initial licensing decisions. a. License application.Unless an applicant for licensure petitions the department for an eligibility determination pursuant to paragraph 131.3(7)“b,” the applicant’s convictions will be reviewed when the department receives a completed license application. (1) An applicant must disclose all convictions on a license application. Failure to disclose all convictions is grounds for license denial or disciplinary action following license issuance. (2) An applicant with one or more convictions shall submit the complete criminal record for each conviction and a personal statement regarding whether each conviction directly relates to the practice of the profession in order for the license application to be considered complete. (3) An applicant must submit as a part of the license application all evidence of rehabilitation that the applicant wishes to be considered by the department. (4) The board may deny a license if the applicant has a disqualifying offense unless the applicant demonstrates by clear and convincing evidence that the applicant is rehabilitated pursuant to Iowa Code section 272C.15. (5) An applicant with one or more disqualifying offenses who has been found rehabilitated must still satisfy all other requirements for licensure. (6) Any application fees paid will not be refunded if the license is denied. b. Eligibility determination.An individual who has not yet submitted a completed license application may petition the department for a determination of whether one or more of the individual’s convictions are disqualifying offenses that would render the individual ineligible for licensure. An individual with a conviction is not required to petition the department for an eligibility determination prior to applying for licensure. To petition the department for an eligibility determination of whether one or more of the petitioner’s convictions are disqualifying offenses, a petitioner shall submit all of the following: (1) A completed petition for eligibility determination form; (2) The complete criminal record for each of the petitioner’s convictions; (3) A personal statement regarding whether each conviction directly relates to the duties and responsibilities of the profession and why the department should find the petitioner rehabilitated; (4) All evidence of rehabilitation that the petitioner wishes to be considered by the board; and (5) Payment of a nonrefundable fee of $25. c. Appeal.A petitioner deemed ineligible or an applicant denied a license because of a disqualifying offense may appeal the decision in the manner and time frame set forth in the board’s written decision. A timely appeal will initiate a nondisciplinary contested case proceeding. The department’s rules governing contested case proceedings will apply unless otherwise specified in this rule. If the petitioner or applicant fails to timely appeal, the department’s written decision will become a final order. (1) An administrative law judge will serve as the presiding officer of the nondisciplinary contested case proceeding, unless the department elects to serve as the presiding officer. When an administrative law judge serves as the presiding officer, the decision rendered shall be a proposed decision. (2) The contested case hearing shall be closed to the public and the board’s review of a proposed decision shall occur in closed session. (3) The office of the attorney general shall represent the department’s initial ineligibility determination or license denial and shall have the burden of proof to establish that the petitioner or applicant’s convictions include at least one disqualifying offense. Upon satisfaction of this burden by a preponderance of the evidence by the office of the attorney general, the burden of proof shall shift to the petitioner or applicant to establish rehabilitation by clear and convincing evidence. (4) A petitioner or applicant must appeal an ineligibility determination or license denial in order to exhaust administrative remedies. A petitioner or applicant may only seek judicial review of an ineligibility determination or license denial after the issuance of a final order following a contested case proceeding. Judicial review of the final order following a contested case proceeding shall be in accordance with Iowa Code chapter 17A. d. Future petitions or applications.If a final order determines a petitioner is ineligible, the petitioner may not submit a subsequent petition for eligibility determination or a license application prior to the date specified in the final order. If a final order denies a license application, the applicant may not submit a subsequent license application or a petition for eligibility determination prior to the date specified in the final order. ITEM 5. Rescind paragraph 131.7(4)"u" and adopt the following new paragraph in lieu thereof: u. Conviction of a disqualifying offense. A copy of the guilty plea or order of conviction constitutes conclusive evidence of conviction. [Filed 6/14/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5783CTreasurer of State[781]Adopted and FiledRule making related to waivers
The Treasurer of State hereby amends Chapter 19, “Waiver and Variance Rules,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 17A.9A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 17A.9A.Purpose and Summary This rule making amends Chapter 19 to implement Iowa Code section 17A.9A. The changes call for deletion of the word “variance” when the word is used in relation to “waiver.”Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on May 19, 2021, as ARC 5634C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Treasurer of State on June 23, 2021.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 This rule making does not provide for a waiver of its terms.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 August 18, 2021. The following rule-making actions are adopted:
ITEM 1. Amend 781—Chapter 19, title, as follows:WAIVER AND VARIANCE RULES ITEM 2. Amend rule 781—19.1(17A) as follows:781—19.1(17A) Definition. For purposes of this chapter, a “waiver” or “variance” means action by the agency 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 781—19.4(17A) as follows:781—19.4(17A) Criteria for waiver or variance. In response to a petition completed pursuant to rule 781—19.6(17A), the agency may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the agency finds, based on clear and convincing evidence, all of the following:- 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.