Bulletin 07-14-2021

Front matter not included
ARC 5779CHuman Services Department[441]Notice of Intended Action

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 Termination

Terminating 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 Action

Proposing 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 Action

Proposing 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 PROVIDERS

661—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 Action

Proposing 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 Action

Proposing 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 REGISTRATION

701—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 Action

Proposing 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:
  1. 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.
  2. A description and citation of the specific rule from which a waiver is requested.
  3. The specific waiver or variance requested, including the precise scope and duration.
  4. 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.
  5. 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.
  6. A detailed statement of the impact on student achievement for any person affected by the granting of a waiver.
  7. Any information known to the requester regarding the board’s or committee’s treatment of similar cases.
  8. The name, address, and telephone number of any person or entity that would be adversely affected by the granting of a petition.
  9. The name, address, and telephone number of any person with knowledge of the relevant facts relating to the proposed waiver.
  10. Signed releases of information authorizing persons with knowledge regarding the request to furnish the committee with information relevant to the waiver.

    ITEM 4.    Amend rule 289—8.11(17A,ExecOrd11) as follows:

289—8.11(17A,ExecOrd11) Public availability.  All orders grantingor denying a waiver petition shall be indexed, filed and available for public inspection as provided in Iowa Code section 17A.3. Petitions for a waiver and orders granting or denying waiver petitions are public records under Iowa Code chapter 22. The committee may accordingly redact confidential information from petitions or orders prior to public inspection.Waiver information is available as described in rule 289—8.12(17A,ExecOrd11).

    ITEM 5.    Rescind rule 289—8.12(17A,ExecOrd11) and adopt the following new rule in lieu thereof:

289—8.12(17A,ExecOrd11) Submission of waiver information.  When the committee grants or denies a waiver, the committee shall submit the information required by this rule on the Internet site established pursuant to Iowa Code section 17A.9A(4) within 60 days. The Internet site 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, a citation to the statutory provisions implemented by these rules, and a general summary of the reasons justifying the committee’s actions on waiver requests. If practicable, the submission shall include information detailing the extent to which the granting of a waiver has established a precedent for additional waivers and has affected the general applicability of the rule itself.
ARC 5747CDental Board[650]Adopted and Filed

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:

  • Addition of new subrules to set forth the availability and procedures for licensure by verification for dentists, dental hygienists, and dental assistants,
  • Updated grounds for discipline for criminal convictions as set forth in House File 2627,
  • Removal of the term “spouse” from Chapter 52 as a result of the striking of Iowa Code section 272C.4(13) in House File 2627, and
  • Addition of a new Chapter 50 regarding the use of criminal convictions in eligibility determinations and initial licensure decisions.
  • 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 5371C. A virtual public hearing was held on January 19, 2021, at 2 p.m. No one attended the public hearing. No public comments were received. A correction has been made in subrules 11.12(1) and 20.17(1) to remove the duplicate phrase “substantially similar” so that the language now reads, “jurisdiction that has a scope of practice substantially similar to that of Iowa.” No other changes from the Notice have been made. Adoption of Rule Making    This rule making was adopted by the Board on April 2, 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 a potential positive impact on jobs because individuals who may have been ineligible for licensure may be eligible for licensure.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 actions are adopted:

        ITEM 1.    Adopt the following new subrule 11.3(6):    11.3(6)   A dentist who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by credentials may apply for licensure by verification, if eligible, in accordance with rule 650—11.12(272C).

        ITEM 2.    Adopt the following new subrule 11.4(5):    11.4(5)   A dentist who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure in this rule may apply for licensure by verification, if eligible, in accordance with rule 650—11.12(272C).

        ITEM 3.    Adopt the following new subrule 11.6(7):    11.6(7)   A dental hygienist who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by credentials may apply for licensure by verification, if eligible, in accordance with rule 650—11.12(272C).

        ITEM 4.    Amend rule 650—11.9(147,153) as follows:

    650—11.9(147,153) Grounds for denial of application.  The board may deny an application for license or permit for any of the following reasons:
    1. Failure to meet the requirements for license or permit as specified in these rules.
    2. Failure to provide accurate and truthful information, or the omission of material information.
    3. Pursuant to Iowa Code section 147.4, upon any of the grounds for which licensure may be revoked or suspended.
    4. Pursuant to 650—Chapter 50, for having a disqualifying offense.
           This rule is intended to implement Iowa Code section 147.4.

        ITEM 5.    Adopt the following new subrule 11.10(6):    11.10(6) Disqualifying offenses.  Any denial of licensure based on a disqualifying offense is governed by 650—Chapter 50 and not this rule.

        ITEM 6.    Adopt the following new rule 650—11.12(272C):

    650—11.12(272C) Licensure by verification.  Licensure by verification is available in accordance with the following:    11.12(1) Eligibility.  A dentist or dental hygienist may seek licensure by verification if the person is currently licensed as a dentist or dental hygienist in at least one other jurisdiction that has a scope of practice substantially similar to that of Iowa, the person has been licensed for a minimum of one year in the other jurisdiction and either:    a.    The person relocates and establishes residency in the state of Iowa; or    b.    The person 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 to a military installation located in the state of Iowa.    11.12(2) Board application.  The applicant must submit the following:    a.    A completed application for licensure.    b.    Payment of the application fee.    c.    A completed fingerprint packet to facilitate a criminal history background check by the DCI and FBI.     d.    A verification form, completed by the licensing authority in the jurisdiction that issued the applicant’s license, verifying that the applicant’s license in that jurisdiction complies with the requirements of Iowa Code section 272C.12. The completed verification form must be sent directly from the licensing authority to the board.    e.    Proof of residency in the state of Iowa or proof of military member’s official permanent change of station. Proof of residency includes:    (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 federal or state government document; or    (7)   Any other board-approved document that reliably confirms Iowa residency.    f.    Evidence of successful completion of a board-approved jurisprudence examination with a grade of at least 75 percent.     g.    Copies of complete criminal record, if the applicant has a criminal history.    h.    A copy of the relevant disciplinary documents, if another jurisdiction has taken disciplinary action against the applicant.    i.    A written statement from the applicant detailing the scope of practice in the other state.    j.    Copies of relevant laws setting forth the scope of practice in the other state.     11.12(3) Applicants with prior discipline.  If another 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 who has had a license revoked, or who has voluntarily surrendered a license, in another jurisdiction is ineligible for licensure by verification.    11.12(4) Applicants with pending complaints or investigations.  If an applicant is currently the subject of a complaint, allegation, or investigation relating to unprofessional conduct pending before any regulating entity in another jurisdiction, the board will neither issue a license nor deny the application for licensure until the complaint, allegation, or investigation is resolved.    11.12(5) Temporary licenses.  Applicants who satisfy all requirements for a license under this rule except for passing the jurisprudence examination may be issued a temporary license in accordance with the following:    a.    A temporary license is valid for a period of three months.    b.    A temporary license may be renewed once for an additional period of three months if the applicant has not failed the jurisprudence examination.     c.    A temporary licensee shall display the board-issued license renewal card that indicates the license is a temporary license, which will satisfy the requirements in rule 650—10.2(147,153).    d.    The temporary licensee must submit proof of passing the jurisprudence examination before the temporary license expires. When the temporary licensee submits proof of passing the jurisprudence examination, the temporary license will convert to a standard license and be assigned an expiration date consistent with standard licenses.    e.    If the temporary licensee does not submit proof of passing the jurisprudence examination prior to the expiration of the temporary license, the temporary licensee must cease practice until a standard license is issued.

        ITEM 7.    Adopt the following new subrule 20.6(4):    20.6(4)   A dental assistant who is licensed or registered in another jurisdiction but who is unable to satisfy the requirements for registration in this rule may apply for registration by verification, if eligible, in accordance with rule 650—20.17(272C).

        ITEM 8.    Adopt the following new rule 650—20.17(272C):

    650—20.17(272C) Registration by verification.  Registration by verification is available in accordance with the following:    20.17(1) Eligibility.  A dental assistant may seek registration by verification if the person is currently licensed or registered as a dental assistant in at least one other jurisdiction that has a scope of practice substantially similar to that of Iowa, the person has been licensed or registered for a minimum of one year in the other jurisdiction, and either:    a.    The person relocates and establishes residency in the state of Iowa; or    b.    The person 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 to a military installation located in the state of Iowa.    20.17(2) Board application.  The applicant must submit the following:    a.    A completed application for registration.    b.    Payment of the application fee.    c.    A verification form, completed by the licensing authority in the jurisdiction that issued the applicant’s license or registration, verifying that the applicant’s license 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 licensing authority 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 includes:    (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 federal or state government document; or    (7)   Any other board-approved document that reliably confirms Iowa residency.    e.    Evidence of successful completion of a board-approved jurisprudence examination with a grade of at least 75 percent.     f.    Copies of complete criminal record, if the applicant has a criminal history.    g.    A copy of the relevant disciplinary documents, if another jurisdiction has taken disciplinary action against the applicant.    h.    A written statement from the applicant detailing the scope of practice in the other state.    i.    Copies of relevant laws setting forth the scope of practice in the other state.     20.17(3) Applicants with prior discipline.  If another 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 registration nor deny the application for registration until the matter is resolved. A person who has had a license or registration revoked, or who has voluntarily surrendered a license or registration, in another jurisdiction is ineligible for registration by verification.    20.17(4) Applicants with pending complaints or investigations.  If an applicant is currently the subject of a complaint, allegation, or investigation relating to unprofessional conduct pending before any regulating entity in another jurisdiction, the board will neither issue a registration nor deny the application for registration until the complaint, allegation, or investigation is resolved.    20.17(5) Temporary registrations.  Applicants who satisfy all requirements for a registration under this rule except for passing the jurisprudence examination may be issued a temporary registration in accordance with the following:    a.    A temporary registration is valid for a period of three months.    b.    A temporary registration may be renewed once for an additional period of three months if the applicant has not failed the jurisprudence examination.     c.    A temporary registrant shall display the board-issued registration renewal card that indicates the registration is a temporary registration, which will satisfy the requirements in rule 650—10.2(147,153).    d.    The temporary registrant must submit proof of passing the jurisprudence examination before the temporary registration expires. When the temporary registrant submits proof of passing the jurisprudence examination, the temporary registration will convert to a standard registration and be assigned an expiration date consistent with standard registrations.    e.    If the temporary registrant does not submit proof of passing the jurisprudence examination prior to the expiration of the temporary registration, the temporary registrant must cease practice until a standard registration is issued.

        ITEM 9.    Rescind paragraph 30.4(2)"d" and adopt the following new paragraph in lieu thereof:    d.    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 10.    Adopt the following new 650—Chapter 50: CHAPTER 50USE OF CRIMINAL CONVICTIONS IN ELIGIBILITY DETERMINATIONS AND INITIAL LICENSING DECISIONS

    650—50.1(272C) Definitions.          "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 licensed profession, or (2) the circumstances under which an offense was committed are circumstances customary to a licensed profession.         "License" means any license, registration, or permit issued by the board.

    650—50.2(272C) License application.  Unless an applicant for licensure petitions the board for an eligibility determination pursuant to rule 650—50.3(272C), the applicant’s convictions will be reviewed when the board receives a completed license application.    50.2(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.     50.2(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.     50.2(3)   An applicant must submit as part of the license application all evidence of rehabilitation that the applicant wishes to be considered by the board.     50.2(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.     50.2(5)   An applicant with one or more disqualifying offenses who has been found rehabilitated must still satisfy all other requirements for licensure.     50.2(6)   Any application fees paid will not be refunded if the license is denied.

    650—50.3(272C) Eligibility determination.      50.3(1)   An individual who has not yet submitted a completed license application may petition the board 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 board for an eligibility determination prior to applying for licensure.     50.3(2)   To petition the board 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:    a.    A completed petition for eligibility determination form;    b.    The complete criminal record for each of the petitioner’s convictions;     c.    A personal statement regarding whether each conviction directly relates to the duties and responsibilities of the profession and why the board should find the petitioner rehabilitated;    d.    All evidence of rehabilitation that the petitioner wishes to be considered by the board; and    e.    Payment of a nonrefundable fee of $25.

    650—50.4(272C) Appeal.  A petitioner deemed ineligible or an applicant denied a license due to a disqualifying offense may appeal the decision in the manner and timeframe set forth in the board’s written decision. A timely appeal will initiate a nondisciplinary contested case proceeding. The board’s rules governing contested case proceedings will apply unless otherwise specified in this rule. If the petitioner or applicant fails to timely appeal, the board’s written decision will become a final order.    50.4(1)   An administrative law judge will serve as the presiding officer of the nondisciplinary contested case proceeding, unless the board 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.    50.4(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.    50.4(3)   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.    50.4(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.

    650—50.5(272C) 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.       These rules are intended to implement Iowa Code sections 272C.1(8) and 272C.15.

        ITEM 11.    Amend rule 650—52.1(35) as follows:

    650—52.1(35272C) Definitions.          "License" "licensure" means any license, registration, certificate or permit that may be granted by the board.        "Military service" means honorably serving on federal active duty, state active duty, or national guard duty, as defined in Iowa Code section 29A.1; in the military services of other states, as provided in 10 U.S.C. Section 101(c); or in the organized reserves of the United States, as provided in 10 U.S.C. Section 10101.        "Military service applicant" means an individual who is requesting credit toward licensureor registration for military education, training, or service obtained or completed in military service.        "Reciprocity" means the process by which an individual licensed in another jurisdiction becomes licensed in Iowa and may also be referred to in other board rules as “licensure by credentials.”        "Spouse" means a spouse of an active duty member of the military forces of the United States.        "Veteran" means an individual who meets the definition of “veteran” in Iowa Code section 35.1(2).

        ITEM 12.    Amend rule 650—52.2(35), parenthetical implementation statute, as follows:

    650—52.2(35272C) Military education, training, and service credit.  

        ITEM 13.    Amend rule 650—52.3(35) as follows:

    650—52.3(35272C) Veteran or spouse reciprocity.      52.3(1)   A veteran or spouse with an unrestricted professional license in another jurisdiction may apply for licensure in Iowa through reciprocity. A veteran or spouse must pass any examinations required for licensure to be eligible for licensure through reciprocity. A fully completed application for licensure submitted by a veteran or spouse under this subrule shall be given priority and shall be expedited.    52.3(2)   An application for licensure by reciprocity shall contain all of the information required of all applicants for licensure who hold unrestricted licenses in other jurisdictions and who are applying for licensure by reciprocity including, but not limited to, completion of all required forms, payment of applicable fees, disclosure of criminal or disciplinary history, and, if applicable, a criminal history background check. The applicant shall use the same forms as any other applicant for licensure by reciprocity and shall additionally provide such documentation as is reasonably needed to verify the applicant’s status as a veteran under Iowa Code section 35.1(2) or as a spouse.    52.3(3)   Upon receipt of a fully completed licensure application, the board shall promptly determine if the professional or occupational licensing requirements of the jurisdiction where the veteran or spouse is licensed are substantially equivalent to the licensing requirements in Iowa. The board shall make this determination based on information supplied by the applicant and such additional information as the board may acquire from the applicable jurisdiction. The board may consider the following factors in determining substantial equivalence: scope of practice, education and coursework, degree requirements, postgraduate experience, and examinations required for licensure.    52.3(4)   The board shall promptly grant a license to the veteran or spouse if the veteran or spouse is licensed in the same or similar profession in another jurisdiction whose licensure requirements are substantially equivalent to those required in Iowa, unless the applicant is ineligible for licensure based on other grounds, for example, the applicant’s disciplinary or criminal background.    52.3(5)   If the board determines that the licensure requirements in the jurisdiction in which the veteran or spouse is licensed are not substantially equivalent to those required in Iowa, the board shall promptly inform the veteran or spouse of the additional experience, education, or examinations required for licensure in Iowa. Unless the applicant is ineligible for licensure based on other grounds, such as disciplinary or criminal background, the following shall apply:    a.    If a veteran or spouse has not passed the required examination(s) for licensure, the veteran or spouse may not be issued a provisional license but may request that the licensure application be placed in pending status for up to one year or as mutually agreed to provide the veteran or spouse with the opportunity to satisfy the examination requirements.    b.    If additional experience or education is required in order for the applicant’s qualifications to be considered substantially equivalent, the applicant may request that the board issue a provisional license for a specified period of time during which the applicant will successfully complete the necessary experience or education. The board shall issue a provisional license for a specified period of time upon such conditions as the board deems reasonably necessary to protect the health, welfare or safety of the public unless the board determines that the deficiency is of a character that the public health, welfare or safety will be adversely affected if a provisional license is granted.    c.    If a request for a provisional license is denied, the board shall issue an order fully explaining the decision and shall inform the applicant of the steps the applicant may take in order to receive a provisional license.    d.    If a provisional license is issued, the application for full licensure shall be placed in pending status until the necessary experience or education has been successfully completed or the provisional license expires, whichever occurs first. The board may extend a provisional license on a case-by-case basis for good cause.    52.3(6)   A veteran or spouse who is aggrieved by the board’s decision to deny an application for a reciprocal license or a provisional license or is aggrieved by the terms under which a provisional license will be granted may request a contested case (administrative hearing) and may participate in a contested case by telephone. A request for a contested case shall be made within 30 days of issuance of the board’s decision. No fees or costs shall be assessed against the veteran or spouse in connection with a contested case conducted pursuant to this subrule.

        ITEM 14.    Amend 650—Chapter 52, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapter 35 and 2019 Iowa Acts, House File 288sections 272C.4(11) and 272C.4(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 5748CDental Board[650]Adopted and Filed

    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 Filed

    Rule 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 Filed

    Rule 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:
    1. ACGME;
    2. AOA;
    3. RCPSC; and
    4. CFPC.
        (4)   The board shall accept each 12 months of practice as a special licensee as equivalent to one year of resident training in a hospital-affiliated program approved by the board.    (5)   The board may accept a current, active ABMS or AOA board certification obtained through an alternate pathway as equivalent to resident training in a hospital-affiliated program approved by the board. The alternate pathway must be a minimum of 24 months completed at an institution with a program approved by the board as specified in subparagraph 9.3(1)“c”(3).
        d.    Pass one of the licensure examinations or combinations as prescribed in rule 653—9.7(147,148).
        9.3(2) Exceptions to the eligibility requirements.      a.    A military service applicant or a veteran may apply for credit for verified military education, training, or service toward any experience or educational requirement for permanent licensure under this subrule or may be eligible for permanent licensure through reciprocity as specified in 653—Chapter 18.    b.    A physician who holds a valid Letter of Qualification asserting eligibility for licensure through the IMLC is eligible for a permanent Iowa medical license.    9.3(3) Use of criminal convictions in eligibility determinations and initial licensing decisions.      a.    Definitions.        "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 licensed profession, or (2) the circumstances under which an offense was committed are circumstances customary to a licensed profession.     b.    License application.Unless an applicant for licensure petitions the board for an eligibility determination pursuant to paragraph 9.3(3)“c,” the applicant’s convictions will be reviewed when the board 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 part of the license application all evidence of rehabilitation that the applicant wishes to be considered by the board.     (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.    c.    Eligibility determination.    (1)   An individual who has not yet submitted a completed license application may petition the board 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 board for an eligibility determination prior to applying for licensure.    (2)   To petition the board 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 board 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.    d.    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 board’s rules governing contested case proceedings will apply unless otherwise specified in this rule. If the petitioner fails to timely appeal, the board’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 board 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 board’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.    e.    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 2.    Amend rule 653—10.3(147,148) as follows:

    653—10.3(147,148) Resident physician licensure.      10.3(1) General provisions.      a.    The resident physician license shall authorize the licensee to practice as an intern, resident or fellow while under the supervision of a licensed practitioner of medicine and surgery or osteopathic medicine and surgery in a board-approved resident training program in Iowa. When the ACGME, AOA, RCPSC, or CFPC fails to offer accreditation for a fellowship or the fellowship fails to seek accreditation, the board shall approve the program if the parent program is accredited by one of the aforementioned accrediting bodies. However, completion of one or more years of a program that itself lacks such accreditation does not fulfill the one-year resident training requirement for permanent licensure.    b.    An Iowa resident physician license or an Iowa permanent physician license is required of any resident physician enrolled in an Iowa resident training program and practicing in Iowa.    c.    A resident physician license issued on or after February 14, 2003, shall expire on the expected date of completion of the resident training program as indicated on the licensure application. A resident physician license may be extended thereafter at the discretion of the board.    d.    A resident physician license is valid only for practice in the program designated in the application. When the physician leaves that program, the license shall immediately become inactive. The director of the resident training program shall notify the board within 30 days of the licensee’s terminating from the program.    e.    A resident physician licensee who changes resident training programs shall apply for a new resident physician license as described in subrule 10.3(3). Such changes include a transfer to a different program in the same institution, a move to a program in another institution, or becoming a fellow after completing a residency in the same core program. An individual who contracts with an institution to be in two programs from the time of application for the resident license shall not be required to apply for another resident license for the second program. For example, if a residency requires one year in internal medicine prior to three years in dermatology, the individual may apply initially for a four-year resident license to cover the bundled program. Relicensure is not required if the individual holds a permanent physician license in Iowa.    f.    A visiting resident physician may come to Iowa to practice as a part of the physician’s resident training program if the physician is under the supervision of an Iowa-licensed physician. An Iowa physician license is not required of a physician in training if the physician has a resident or permanent license in good standing in the home state of the resident training program. An Iowa temporary physician license is required of a physician in training if the physician does not hold a resident or permanent physician license in good standing in the home state of the resident training program (see rule 653—10.5(147,148)).    g.    An Iowa license is not required for residents when they are training in a federal facility in Iowa. An Iowa license is not required for faculty who are teaching in and employed by a federal facility in Iowa and who are licensed in another state.    h.    The director of a resident training program that enrolls a resident with an Iowa resident physician license shall report annually on October 1 on the resident’s progress and whether any warnings have been issued, investigations conducted or disciplinary actions taken, whether by voluntary agreement or formal action. The board shall inform the program directors on September 1 of the impending deadline.    i.    A resident physician licensee shall notify the board of any change in name within one month of making the name change. Notification requires a notarized copy of a marriage license or a notarized copy of court documents.    j.    A resident physician licensee’s file shall be closed and labeled “deceased” when the board receives a copy of the physician’s death certificate.    10.3(2) Resident licensurelicense eligibility.  To be eligible for a resident license, an applicant shall meet all of the following requirements:    a.    Fulfill the application requirements specified in subrule 10.3(3).    b.    Be at least 20 years of age.    c.    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:
    1. Hold a valid certificate issued by ECFMG, or
    2. Have successfully completed a fifth pathway program established in accordance with AMA criteria.
        d.    The applicant’s license is not denied by the board due to the commission of a disqualifying offense, as provided in 653—subrule 9.3(3).
        10.3(3) Resident physician licensure application.      a.    Requirements.To apply for resident physician licensure, an applicant shall:    (1)   Pay a nonrefundable application fee of $100 plus the $45 fee identified in 653—subrule 8.4(6) for the evaluation of the fingerprint packet and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI); and    (2)   Complete and submit forms provided by the board, including required credentials, documents, a completed fingerprint packet, and a sworn statement by the applicant attesting to the truth of all information provided by the applicant.    b.    Application.The application shall require the following information:    (1)   Full legal name, date and place of birth, home address, and mailing address;    (2)   A photograph of the applicant suitable for positive identification;    (3)   A statement listing every jurisdiction in which the applicant is or has been authorized to practice, including license numbers and dates of issuance;    (4)   A chronology accounting for all time periods from the date the applicant entered medical school to the date of the application;    (5)   A photocopy of the applicant’s medical degree issued by an educational institution.
    1. 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.
    2. 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;
        (6)   If the educational institution awarding the applicant the degree has not been approved by the board, the applicant shall provide a valid ECFMG certificate or evidence of successful completion of a fifth pathway program in accordance with criteria established by the AMA. An official FCVS Physician Information Profile is a suitable alternative;    (7)   A statement disclosing and explaining any warnings issued, investigations conducted, or disciplinary actions taken, whether by voluntary agreement or formal action, by a medical or professional regulatory authority, an educational institution, training or research program, or health care facility in any jurisdiction;    (8)   A statement of the applicant’s physical and mental health, including full disclosure and a written explanation of any dysfunction or impairment which may affect the ability of the applicant to engage in practice and provide patients with safe and healthful care;    (9)   A statement disclosing and explaining the applicant’s involvement in civil litigation related to practice in any jurisdiction. Copies of the legal documents may be requested if needed during the review process;    (10)   A statement disclosing and explaining any charge of a misdemeanor or felony involving the applicant filed in any jurisdiction, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; and    (11)   A completed fingerprint packet to facilitate a national criminal history background check. The fee for the evaluation of the fingerprint packet and the DCI and FBI criminal history background checks will be assessed to the applicant.
        10.3(4) Resident license application review process.  The process below shall be utilized to review each application for a resident license.    a.    An application shall be considered open from the date the application form is received in the board office with the nonrefundable resident licensure fee.    b.    After reviewing each application, staff shall notify the applicant or designee about how to resolve any problems identified by the reviewer.    c.    If the final review indicates no questions or concerns regarding the applicant’s qualifications for licensure, staff may grant administratively a resident license.    d.    If the final review indicates questions or concerns that cannot be remedied by continued communication with the applicant, the executive director, director of licensure and administration, and director of legal affairs shall determine if the questions or concerns indicate any uncertainty about the applicant’s current qualifications for licensure.    (1)   If there is no current concern, staff shall grant administratively a resident license.    (2)   If any concern exists, the application shall be referred to the committee.    e.    Staff shall refer to the committee for review matters which include, but are not limited to, falsification of information on the application, criminal record, substance abuse, competency, physical or mental illness, or educational disciplinary history.    f.    If the committee is able to eliminate questions or concerns without dissension from staff or a committee member, the committee may direct staff to grant administratively a resident license.    g.    If the committee is not able to eliminate questions or concerns without dissension from staff or a committee member, the committee shall recommend that the board:    (1)   Request an investigation;    (2)   Request that the applicant appear for an interview;    (3)   Grant a resident physician license for a particular residency program;    (4)   Grant a license under certain terms and conditions or with certain restrictions;    (5)   Request that the applicant withdraw the licensure application; or    (6)   Deny a license.    h.    The board shall consider applications and recommendations from the committee and shall:    (1)   Request an investigation;    (2)   Request that the applicant appear for an interview;    (3)   Grant a resident physician license for a particular residency program;    (4)   Grant a license under certain terms and conditions or with certain restrictions;     (5)   Request that the applicant withdraw the licensure application; or    (6)   Deny a license. The board may deny a license for any grounds on which the board may discipline a license. The procedure for appealing a license denial is set forth in 653—9.15(147,148).    10.3(5) Resident license application cycle.  If the applicant does not submit all materials within 90 days of the board’s initial request for further information, the application shall be considered inactive. The board office shall notify the applicant of this change in status. An applicant must reapply and submit a new nonrefundable application fee and a new application, documents and credentials.    10.3(6) Extension of a resident physician license.      a.    If the licensee fails to complete the program by the expiration date on the license, the licensee has a one-month grace period in which to complete the program or secure an extension from the board.    b.    The resident physician licensee is responsible for applying for an extension if the licensee has not been granted permanent physician licensure and the licensee will not complete the program within the grace period. The following extension application materials are due in the board office prior to the expiration of the license:    (1)   A letter requesting an extension and providing an explanation of the need for an extension;    (2)   The extension fee of $25; and    (3)   A statement from the director of the resident training program attesting to the new expected date of completion of the program and the individual’s progress in the program and whether any warnings have been issued, investigations conducted or disciplinary actions taken, whether by voluntary agreement or formal action.    c.    Failure of the licensee to extend a license within one month following the expiration date shall cause the license to become inactive and invalid. For example, a license that expires on June 26 becomes inactive and invalid on July 26. A licensee whose license is inactive is prohibited from practice until the license is extended or replaced by a permanent physician or new resident physician license.    d.    To extend an inactive resident license within one year of becoming inactive, an applicant shall submit the following:    (1)   A letter requesting an extension and providing an explanation of the need for an extension;    (2)   The extension fee of $25;    (3)   A $50 late fee; and    (4)   A statement from the director of the resident training program attesting to the new expected date of completion of the program and the individual’s progress in the program and whether any warnings have been issued, investigations conducted or disciplinary actions taken, whether by voluntary agreement or formal action.    e.    If more than one year has passed since the resident license became inactive, the applicant shall apply for a new resident license as described in subrule 10.3(3).    10.3(7) Continuing education and training.  Applicants seeking an extension of a resident physician license or an extension of an inactive resident physician license are not required to complete continuing medical education or training requirements as identified in 653—Chapter 11.    10.3(8) Review process for extending a resident license.  The process below shall be utilized to review each request for an extension of a resident license.    a.    An extension request shall be considered open from the date the required letters and nonrefundable extension fee are received in the board office.    b.    After reviewing each request for extension, staff shall notify the licensee or designee about how to resolve any problems identified by the reviewer. The applicant for license extension shall provide additional information when requested by staff or the board.    c.    If the final review indicates no questions or concerns regarding the applicant’s qualifications for continued licensure, staff may grant administratively an extension to a resident license.    d.    If the final review indicates questions or concerns that cannot be remedied by continued communication with the applicant, the executive director, the director of licensure and administration, and the director of legal affairs shall determine if the questions or concerns indicate any uncertainty about the applicant’s current qualifications for licensure.    (1)   If there is no current concern, staff shall grant administratively an extension to a resident license.    (2)   If any concern exists, the application shall be referred to the committee.    e.    Staff shall refer to the committee for review matters which include, but are not limited to, falsification of information in the request, criminal record, substance abuse, competency, physical or mental illness, or educational disciplinary history.    f.    If the committee is able to eliminate questions or concerns without dissension from staff or a committee member, the committee may direct staff to grant administratively an extension to a resident license.    g.    If the committee is not able to eliminate questions or concerns without dissension from staff or a committee member, the committee shall recommend that the board:    (1)   Request an investigation;    (2)   Request that the licensee appear for an interview;    (3)   Grant a license under certain terms and conditions or with certain restrictions;    (4)   Request that the licensee withdraw the request for an extension; or    (5)   Deny a request for an extension of the license.    h.    The board shall consider applications and recommendations from the committee and shall:    (1)   Request an investigation;    (2)   Request that the licensee appear for an interview;    (3)   Grant an extension to the resident physician license;    (4)   Grant an extension to the resident physician license under certain terms and conditions or with certain restrictions;    (5)   Request that the licensee withdraw the request for an extension; or    (6)   Deny a request for an extension of the license. The board may deny an extension of a license for any grounds on which the board may discipline a license. The procedure for appealing a license denial of an extension is set forth in 653—9.15(147,148).    10.3(9) An Iowa resident physician who changes resident training programs in Iowa.  A resident physician who changes resident training programs shall acquire new resident physician licensure or permanent licensure prior to entering the new resident training program. Such changes include a transfer to a different program in the same institution, a move to a program in another institution, or becoming a fellow after completing a residency in the same core program. An individual who contracts with an institution to be in two programs from the time of application for the resident license shall not be required to apply for another resident license for the second program.    10.3(10) Discipline of a resident license.  The board may discipline a license for any of the grounds for which licensure may be revoked or suspended as specified in Iowa Code section 147.55 or 148.6, Iowa Code chapter 272C, and 653—Chapter 23.    10.3(11) Transition from a resident license to a permanent license.  When a resident physician receives a permanent Iowa license, the resident physician license shall immediately become inactive.

        ITEM 3.    Amend subrule 10.4(2) as follows:    10.4(2) Special license eligibility.  To be eligible for a special license, an applicant shall meet all of the following requirements:    a.    Fulfill the application requirements specified in subrule 10.4(3);    b.    Be at least 21 years of age;    c.    Be a physician in a medical specialty;    d.    Present evidence of holding a medical degree from an educational institution that is located in a jurisdiction outside the United States or Canada and that is listed in the Directory of Medical Schools published by the International Medical Education Directory;    e.    Have completed at least two years of postgraduate education in any jurisdiction;    f.    Have practiced for five years after postgraduate education;    g.    Demonstrate English proficiency as set forth in subparagraph 10.4(3)“a”(4); and    h.    Be licensed in a jurisdiction outside the United States or Canada and present evidence that any licenses held in any jurisdiction are unrestricted.; and    i.    The applicant’s license is not denied by the board due to the commission of a disqualifying offense, as provided in 653—subrule 9.3(3).

        ITEM 4.    Amend subrule 10.5(2) as follows:    10.5(2) Eligibility for a temporaryTemporary licenseeligibility.  To be eligible for a temporary license, an applicant shall meet all of the following requirements:    a.    Fulfill the requirements specified in subrules 10.5(3) and 10.5(4);    b.    Be at least 21 years of age;    c.    Hold a medical degree from an educational institution approved by the board (if the applicant is an international medical graduate, the educational institution must be listed in the International Medical Education Directory);    d.    Hold a current active, unrestricted license to practice medicine issued by any jurisdiction;    e.    Be fluent in the English language;    f.    Present a letter justifying the need for temporary licensure from the organization or individual seeking the applicant’s participation in a board-approved activity.;    g.    The applicant’s license is not denied by the board due to the commission of a disqualifying offense, as provided in 653—subrule 9.3(3).

        ITEM 5.    Amend subrule 17.4(1) as follows:    17.4(1) Eligibility requirements.  To be licensed to practice acupuncture by the board, a person shall meet all of the following requirements:    a.    Fulfill all the application requirements, as specified in 17.5(147,148E).    b.    Hold current active status as a diplomate in NCCAOM or, after June 1, 2004, hold current active status as a diplomate in acupuncture or oriental medicine from NCCAOM.    c.    Demonstrate sufficient knowledge of the English language to understand and be understood by patients and board and committee members.    (1)   An applicant who passed the NCCAOM written and practical examination components in English may be presumed to have sufficient proficiency in English.    (2)   An applicant who passed NCCAOM written or practical examination components in a language other than English shall pass the Test of Spoken English (TSE) or the Test of English as a Foreign Language (TOEFL) examinations administered by the Educational Testing Service. A passing score on TSE is a minimum of 50. A passing score on TOEFL is a minimum overall score of 550 on the paper-based TOEFL that was administered on a Friday or Saturday (formerly special or international administration), a minimum overall score of 213 on the computer-administered TOEFL, or a minimum overall score of 79 on the Internet-based examination.    d.    Successfully complete a three-year postsecondary training program or acupuncture college program which is accredited by, in candidacy for accreditation by, or which meets the standards of the Accreditation Commission for Acupuncture and Oriental Medicine.    e.    Successfully complete a course in clean needle technique approved by the NCCAOM.    f.    The applicant’s license is not denied by the board due to the commission of a disqualifying offense, as provided in 653—subrule 9.3(3).

        ITEM 6.    Amend rule 653—20.6(148H) as follows:

    653—20.6(148H) Qualifications for licensure.      20.6(1)   Each applicant for licensure under Iowa Code chapter 148H shall:    a.    Submit an application form and supporting documentation as prescribed by the board.    b.    Hold active certification as a genetic counselor by the American Board of Genetic Counseling, as a genetic counselor by the American Board of Medical Genetics and Genomics, or as a medical geneticist by the American Board of Medical Genetics and Genomics, or the successor to any of the aforementioned organizations.    20.6(2)   A licensee shall maintain active certification as a genetic counselor by the American Board of Genetic Counseling, as a genetic counselor by the American Board of Medical Genetics and Genomics, or as a medical geneticist by the American Board of Medical Genetics and Genomics, or the successor to any of the aforementioned organizations.    20.6(3)   The board may deny an applicant a license due to the commission of a disqualifying offense, as provided in 653—subrule 9.3(3).

        ITEM 7.    Amend rule 653—20.20(147,148H,272C) as follows:

    653—20.20(147,148H,272C) Grounds for discipline of genetic counselors.  The board has authority to impose discipline for any violation of Iowa Code chapter 147, 148H, or 272C or the rules promulgated thereunder. These grounds for discipline apply to genetic counselors. This rule is not subject to waiver pursuant to 653—Chapter 3 or any other provision of law. The board may impose any of the disciplinary sanctions set forth in 653—subrule 25.25(1) when the board determines that the licensee is guilty of any of the following acts or offenses:    20.20(1)   Violating any of the grounds for revocation or suspension of a license as listed in Iowa Code section 147.55, 148H.7, or 272C.10, or 272C.15.    20.20(2)   Professional incompetency. Professional incompetency includes, but is not limited to, any of the following:    a.    Willful or repeated gross malpractice;    b.    Willful or gross negligence;    c.    A substantial lack of knowledge or ability to discharge professional obligations within the scope of the genetic counselor’s practice;    d.    A substantial deviation by the genetic counselor from the standards of learning or skill ordinarily possessed and applied by other genetic counselors in the state of Iowa acting in the same or similar circumstances;    e.    A failure by a genetic counselor to exercise in a substantial respect that degree of care which is ordinarily exercised by an average genetic counselor in the state of Iowa acting in the same or similar circumstances;    f.    A willful or repeated departure from or failure to conform to the minimal standard of acceptable and prevailing practice of genetic counseling in the state of Iowa.    20.20(3)   Practice harmful or detrimental to the public. Practice harmful or detrimental to the public includes, but is not limited to, the failure of the genetic counselor to possess and exercise that degree of skill, learning, and care expected of a reasonable, prudent genetic counselor acting in the same or similar circumstances in this state, or when a genetic counselor is unable to practice genetic counseling with reasonable skill and safety as a result of mental or physical impairment, or chemical abuse.    20.20(4)   Unprofessional conduct. Engaging in unprofessional conduct includes, but is not limited to, the committing by a licensee of an act contrary to honesty, justice, or good morals, whether the act is committed in the scope of the licensee’s practice or otherwise, and whether the act is committed in this state or elsewhere; or a violation of the principles of ethics applicable to genetic counselors.    20.20(5)   Sexual misconduct. Engaging in sexual misconduct includes, but is not limited to, a genetic counselor engaging in conduct set forth in 653—subrule 13.7(4) (sexual conduct) or 13.7(6) (sexual harassment) as interpreted by the board.    20.20(6)   Substance abuse. Substance abuse includes, but is not limited to, excessive use of alcohol, drugs, narcotics, chemicals, or other substances in a manner which may impair a licensee’s ability to practice the profession with reasonable skill and safety.    20.20(7)   Physical or mental impairment. Physical or mental impairment includes, but is not limited to, any physical, neurological, or mental condition which may impair a genetic counselor’s ability to practice the profession with reasonable skill and safety. Being adjudicated mentally incompetent by a court of competent jurisdiction shall automatically suspend a license for the duration of the license unless the board orders otherwise.    20.20(8)   Felony criminal conviction. Being convicted of a felony in the courts of this state, another state, the United States, or any country, territory, or jurisdiction, as defined in Iowa Code section 148.6(2)“b.”    20.20(9)   Violation of the laws or rules governing the practice of genetic counseling in this state, another state, the United States, or any country, territory, or jurisdiction. Violation of the laws or rules governing the practice of genetic counseling includes, but is not limited to, willful or repeated violation of the provisions of these rules or the provisions of Iowa Code chapter 147, 148H, or 272C or any other state or federal laws governing the practice of genetic counseling.    20.20(10)   Violation of a lawful order of the board, previously entered by the board in a disciplinary or licensure hearing, or violation of the terms and provisions of a consent agreement or settlement agreement entered into between a licensee and the board.    20.20(11)   Violation of an initial agreement or health contract entered into with the Iowa physician health program (IPHP).    20.20(12)   Failure to comply with an evaluation order under Iowa Code section 272C.9(1).    20.20(13)   Knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of genetic counseling. Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of genetic counseling includes, but is not limited to, an intentional perversion of the truth, either orally or in writing, by a genetic counselor in the practice of genetic counseling.    20.20(14)   Fraud in procuring a license. Fraud in procuring a license includes, but is not limited to, an intentional perversion of the truth in making application for a license to practice genetic counseling in this state, and includes false representations of material fact, either by word or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed when making application for a license in this state, or attempting to file or filing with the board any false or forged document submitted with an application for license in this state.    20.20(15)   Fraud in representations as to skill or ability. Fraud in representations as to skill or ability includes, but is not limited to, a licensee’s having made misleading, deceptive, or untrue representations as to the genetic counselor’s competency to perform professional services for which the licensee is not qualified to perform by education, training, or experience.    20.20(16)   Use of untruthful or improbable statements in advertisements. Use of untruthful or improbable statements in advertisements includes, but is not limited to, an action by a licensee in making known to the public information which is false, deceptive, misleading, or promoted through fraud or misrepresentation and includes statements which may consist of, but are not limited to:    a.    Inflated or unjustified claims which lead to expectations of favorable results;    b.    Self-laudatory claims that imply that the licensee is skilled in a field or specialty for which the licensee is not qualified;    c.    Representations that are likely to cause an average person to misunderstand; or    d.    Extravagant claims or claims of extraordinary skill not recognized by the profession of genetic counseling.    20.20(17)   Obtaining any fee by fraud or misrepresentation.    20.20(18)   Acceptance of remuneration for referral of a patient to other health professions in violation of the law or National Society of Genetic Counselors Code of Ethics.    20.20(19)   Knowingly submitting a false report of continuing education or failure to submit the required reports of continuing education.    20.20(20)   Knowingly aiding, assisting, procuring, or advising a person in the unlawful practice of genetic counseling.    20.20(21)   Failure to report disciplinary action. Failure to report a license revocation, suspension, or other disciplinary action taken against a licensee by a professional licensing authority of another state, an agency of the United States government, or any country, territory, or other jurisdiction, within 30 days of final action by such licensing authority. A stay by an appellate court shall not negate this requirement; however, if such disciplinary action is overturned or reversed by a court of last resort, the report shall be expunged from the records of the board.    20.20(22)   Failure to report voluntary agreements. Failure to report any voluntary agreement to restrict the practice of genetic counseling entered into with this state, another state, the United States, an agency of the federal government, or any country, territory or other jurisdiction.    20.20(23)   Failure to notify the board within 30 days after occurrence of any settlement or adverse judgment of a malpractice claim or action.    20.20(24)   Failure to comply with a valid subpoena issued by the board pursuant to Iowa Code sections 17A.13 and 272C.6.    20.20(25)   Failure to submit to a board-ordered mental, physical, clinical competency, or substance abuse evaluation or a drug or alcohol screening.    20.20(26)   Noncompliance with a support order or with a written agreement for payment of support as evidenced by a certificate of noncompliance issued pursuant to Iowa Code chapter 252J. Disciplinary proceedings under this rule shall follow the procedures set forth in Iowa Code chapter 252J and 653—Chapter 15.    20.20(27)   Rescinded IAB 3/11/20, effective 4/15/20.    20.20(28)   Improper management of medical records. Improper management of medical records includes, but is not limited to, failure to maintain timely, accurate, and complete medical records.    20.20(29)   Failure to respond to or comply with a board investigation initiated pursuant to Iowa Code section 272C.3 and rule 653—24.2(17A,147,148,272C).    20.20(30)   Failure to submit an additional completed fingerprint card and applicable fee, within 30 days of a request made by board staff, when a previous fingerprint submission has been determined to be unacceptable.    20.20(31)   Failure to respond to the board or submit continuing education materials during a board audit, within 30 days of a request made by board staff or within the extension of time if one has been granted.    20.20(32)   Failure to respond to the board or submit requested mandatory training for identifying and reporting abuse materials during a board audit, within 30 days of a request made by the board staff or within the extension of time if one has been granted.    20.20(33)   Nonpayment of state debt as evidenced by a certificate of noncompliance issued pursuant to Iowa Code chapter 272D and 653—Chapter 12.    20.20(34)   Failure to file with the board a written report and a copy of the hospital disciplinary action within 30 days of any hospital disciplinary action or the licensee’s voluntary action to avoid a hospital disciplinary action, as required by rule 653—22.5(272C).

        ITEM 8.    Amend rule 653—23.1(272C) as follows:

    653—23.1(272C) Grounds for discipline.  The board has authority to impose discipline for any violation of Iowa Code chapter 147, 148, 148E, 252J, or272Cor 2008 Iowa Acts, Senate File 2428, division II,or 272D or the rules promulgated thereunder. The grounds for discipline apply to physicians and acupuncturists. This rule is not subject to waiver or variance pursuant to 653—Chapter 3 or any other provision of law. The board may impose any of the disciplinary sanctions set forth in 653—subrule 25.25(1), including civil penalties in an amount not to exceed $10,000, when the board determines that the licensee is guilty of any of the following acts or offenses:    23.1(1)   Violating any of the grounds for the revocation or suspension of a license as listed in Iowa Code section 147.55, 148.6, 148E.8,or272C.10, or 272C.15.    23.1(2)   Professional incompetency. Professional incompetency includes, but is not limited to, any of the following:    a.    Willful or repeated gross malpractice;    b.    Willful or gross negligence;    c.    A substantial lack of knowledge or ability to discharge professional obligations within the scope of the physician’s or surgeon’s practice;    d.    A substantial deviation by the physician from the standards of learning or skill ordinarily possessed and applied by other physicians or surgeons in the state of Iowa acting in the same or similar circumstances;    e.    A failure by a physician or surgeon to exercise in a substantial respect that degree of care which is ordinarily exercised by the average physician or surgeon in the state of Iowa acting in the same or similar circumstances;    f.    A willful or repeated departure from or the failure to conform to the minimal standard of acceptable and prevailing practice of medicine and surgery or osteopathic medicine and surgery in the state of Iowa;    g.    Failure to meet the acceptable and prevailing standard of care when delegating or supervising medical services provided by another physician, health care practitioner, or other individual who is collaborating with or acting as an agent, associate, or employee of the physician responsible for the patient’s care, whether or not injury results.    23.1(3)   Practice harmful or detrimental to the public. Practice harmful or detrimental to the public includes, but is not limited to, the failure of a physician to possess and exercise that degree of skill, learning and care expected of a reasonable, prudent physician acting in the same or similar circumstances in this state, or when a physician is unable to practice medicine with reasonable skill and safety as a result of a mental or physical impairment or chemical abuse.    23.1(4)   Unprofessional conduct. Engaging in unethical or unprofessional conduct includes, but is not limited to, the committing by a licensee of an act contrary to honesty, justice or good morals, whether the same is committed in the course of the licensee’s practice or otherwise, and whether committed within this state or elsewhere; or a violation of the standards and principles of medical ethics or 653—13.7(147,148,272C) or 653—13.20(147,148) as interpreted by the board.    23.1(5)   Sexual misconduct. Engaging in sexual misconduct includes, but is not limited to, engaging in conduct set out at 653—subrule 13.7(4) or 13.7(6) as interpreted by the board.    23.1(6)   Substance abuse. Substance abuse includes, but is not limited to, excessive use of alcohol, drugs, narcotics, chemicals or other substances in a manner which may impair a licensee’s ability to practice the profession with reasonable skill and safety.    23.1(7)   Indiscriminately or promiscuously prescribing, administering or dispensing any drug for other than lawful purpose includes, but is not limited to:    a.    Self-prescribing or self-dispensing controlled substances.    b.    Prescribing or dispensing controlled substances to members of the licensee’s immediate family.    (1)   Prescribing or dispensing controlled substances to members of the licensee’s immediate family is allowable for an acute condition or on an emergency basis when the licensee conducts an examination, establishes a medical record, and maintains proper documentation.    (2)   Immediate family includes the physician’s spouse or domestic partner and either of the physician’s, spouse’s, or domestic partner’s parents, stepparents or grandparents; the physician’s natural or adopted children or stepchildren and any child’s spouse, domestic partner or children; the siblings of the physician or the physician’s spouse or domestic partner and the sibling’s spouse or domestic partner; or anyone else living with the physician.    23.1(8)   Physical or mental impairment. Physical or mental impairment includes, but is not limited to, any physical, neurological or mental condition which may impair a physician’s ability to practice the profession with reasonable skill and safety. Being adjudged mentally incompetent by a court of competent jurisdiction shall automatically suspend a license for the duration of the license unless the board orders otherwise.    23.1(9)   Felony criminal conviction. Being convicted of a felony in the courts of this state, another state, the United States, or any country, territory or other jurisdiction, as defined in Iowa Code section 148.6(2)“b.”    23.1(10)   Violation of the laws or rules governing the practice of medicine or acupuncture of this state, another state, the United States, or any country, territory or other jurisdiction. Violation of the laws or rules governing the practice of medicine includes, but is not limited to, willful or repeated violation of the provisions of these rules or the provisions of Iowa Code chapter 147, 148, 148E or 272C or other state or federal laws or rules governing the practice of medicine.    23.1(11)   Violation of a lawful order of the board, previously entered by the board in a disciplinary or licensure hearing, or violation of the terms and provisions of a consent agreement or settlement agreement entered into between a licensee and the board.    23.1(12)   Violation of an initial agreement or health contract entered into with the Iowa physician health program (IPHP).    23.1(13)   Failure to comply with an evaluation order. Failure to comply with an order of the board requiring a licensee to submit to evaluation under Iowa Code section 148.6(2)“h” or 272C.9(1).    23.1(14)   Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of a profession. Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of a profession includes, but is not limited to, an intentional perversion of the truth, either orally or in writing, by a physician in the practice of medicine and surgery or osteopathic medicine and surgery or by an acupuncturist.    23.1(15)   Fraud in procuring a license. Fraud in procuring a license includes, but is not limited to, an intentional perversion of the truth in making application for a license to practice acupuncture, medicine and surgery, or osteopathic medicine and surgery in this state, and includes false representations of material fact, whether by word or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed when making application for a license in this state, or attempting to file or filing with the board any false or forged document submitted with an application for a license in this state.    23.1(16)   Fraud in representations as to skill or ability. Fraud in representations as to skill or ability includes, but is not limited to, a licensee’s having made misleading, deceptive or untrue representations as to the acupuncturist’s or physician’s competency to perform professional services for which the licensee is not qualified to perform by education, training or experience.    23.1(17)   Use of untruthful or improbable statements in advertisements. Use of untruthful or improbable statements in advertisements includes, but is not limited to, an action by a licensee in making known to the public information or intention which is false, deceptive, misleading or promoted through fraud or misrepresentation and includes statements which may consist of, but are not limited to:    a.    Inflated or unjustified claims which lead to expectations of favorable results;    b.    Self-laudatory claims that imply that the licensee is skilled in a field or specialty of practice for which the licensee is not qualified;    c.    Representations that are likely to cause the average person to misunderstand; or    d.    Extravagant claims or claims of extraordinary skills not recognized by the medical profession.    23.1(18)   Obtaining any fee by fraud or misrepresentation.    23.1(19)   Acceptance of remuneration for referral of a patient to other health professionals in violation of the law or medical ethics.    23.1(20)   Knowingly submitting a false report of continuing education or failure to submit the required reports of continuing education.    23.1(21)   Knowingly aiding, assisting, procuring, or advising a person in the unlawful practice of acupuncture, medicine and surgery, or osteopathic medicine and surgery.    23.1(22)   Failure to report disciplinary action. Failure to report a license revocation, suspension or other disciplinary action taken against the licensee by a professional licensing authority of another state, an agency of the United States government, or any country, territory or other jurisdiction within 30 days of the final action by such licensing authority. A stay by an appellate court shall not negate this requirement; however, if such disciplinary action is overturned or reversed by a court of last resort, such report shall be expunged from the records of the board.    23.1(23)   Failure to report voluntary agreements. Failure to report any voluntary agreement to restrict the practice of acupuncture, medicine and surgery, or osteopathic medicine and surgery entered into with this state, another state, the United States, an agency of the federal government, or any country, territory or other jurisdiction.    23.1(24)   Failure to notify the board within 30 days after occurrence of any settlement or adverse judgment of a malpractice claim or action.    23.1(25)   Failure to file the reports required by 653—22.2(272C) within 30 days concerning wrongful acts or omissions committed by another licensee.    23.1(26)   Failure to comply with a valid subpoena issued by the board pursuant to Iowa Code sections 17A.13 and 272C.6 and 653—subrule 24.2(6) and rule 653—25.12(17A).    23.1(27)   Failure to submit to a board-ordered mental, physical, clinical competency, or substance abuse evaluation or drug or alcohol screening.    23.1(28)   The inappropriate use of a rubber stamp to affix a signature to a prescription. A person who is unable, due to a disability, to make a written signature or mark, however, may substitute in lieu of a signature a rubber stamp which is adopted by the disabled person for all purposes requiring a signature and which is affixed by the disabled person or affixed by another person upon the request of the disabled person and in the presence of the disabled person.    23.1(29)   Maintaining any presigned prescription which is intended to be completed and issued at a later time.    23.1(30)   Failure to comply with the recommendations issued by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services for preventing transmission of human immunodeficiency virus and hepatitis B virus to patients during exposure-prone invasive procedures, or with the protocols established pursuant to Iowa Code chapter 139A.    23.1(31)   Failure by a physician with HIV or HBV who practices in a hospital setting, and who performs exposure-prone procedures, to report the physician’s HIV or HBV status to an expert review panel established by a hospital under Iowa Code section 139A.22(1) or to an expert review panel established by the department of public health under Iowa Code section 139A.22(3).    23.1(32)   Failure by a physician with HIV or HBV who practices outside a hospital setting, and who performs exposure-prone procedures, to report the physician’s HIV or HBV status to an expert review panel established by the department of public health under Iowa Code section 139A.22(3).    23.1(33)   Failure by a physician subject to the reporting requirements of 23.1(31) and 23.1(32) to comply with the recommendations of an expert review panel established by the department of public health pursuant to Iowa Code section 139A.22(3), with hospital protocols established pursuant to Iowa Code section 139A.22(1), or with health care facility procedures established pursuant to Iowa Code section 139A.22(2).    23.1(34)   Noncompliance with a support order or with a written agreement for payment of support as evidenced by a certificate of noncompliance issued pursuant to Iowa Code chapter 252J. Disciplinary proceedings initiated under this rule shall follow the procedures set forth in Iowa Code chapter 252J and 653—Chapter 15.    23.1(35)   Rescinded IAB 3/11/20, effective 4/15/20.    23.1(36)   Improper management of medical records. Improper management of medical records includes, but is not limited to, failure to maintain timely, accurate, and complete medical records.    23.1(37)   Failure to transfer medical records to another physician in a timely fashion when legally requested to do so by the subject patient or by a legally designated representative of the subject patient.    23.1(38)   Failure to respond to or comply with a board investigation initiated pursuant to Iowa Code section 272C.3 and 653—24.2(17A,147,148,272C).    23.1(39)   Failure to comply with the direct billing requirements for anatomic pathology services established in Iowa Code Supplement section 147.106.    23.1(40)   Failure to submit an additional completed fingerprint card and applicable fee, within 30 days of a request made by board staff, when a previous fingerprint submission has been determined to be unacceptable.    23.1(41)   Failure to respond to the board or submit continuing education materials during a board audit, within 30 days of a request made by board staff or within the extension of time if one had been granted.    23.1(42)   Failure to respond to the board or submit requested mandatory training for identifying and reporting abuse materials during a board audit, within 30 days of a request made by board staff or within the extension of time if one had been granted.    23.1(43)   Nonpayment of state debt as evidenced by a certificate of noncompliance issued pursuant to 2008 Iowa Acts, Senate File 2428, division II, and 653—Chapter 12.    23.1(44)   Voluntary agreements. The board may take disciplinary action against a physician if that physician has entered into a voluntary agreement to restrict the practice of medicine in another state, district, territory, or country.    a.    The board will use the following criteria to determine if a physician has entered into a voluntary agreement within the meaning of Iowa Code section 148.12 and this rule.    (1)   The voluntary agreement was signed during or at the conclusion of a disciplinary investigation, or to prevent a matter from proceeding to a disciplinary investigation.    (2)   The agreement includes any or all of the following:
    1. Education or testing that is beyond the jurisdiction's usual requirement for a license or license renewal.
    2. 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.
    3. A prohibition or limitation on practice privileges, e.g., a restriction on prescribing or administering controlled substances.
    4. Compliance with an educational plan.
    5. A requirement that surveys or reviews of patients or patient records be conducted.
    6. A practice monitoring requirement.
    7. A special notification requirement for a change of address.
    8. Payment that is not routinely required of all physicians in that jurisdiction, such as a civil penalty, fine, or reimbursement of any expenses.
    9. 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.
        b.    A certified copy of the voluntary agreement shall be considered prima facie evidence.
        23.1(45)   Performing or attempting to perform any surgical or invasive procedure on the wrong patient or at the wrong anatomical site or performing the wrong surgical procedure on a patient.    23.1(46)   Violation of the standards of practice for medical directors who delegate and supervise medical aesthetic services performed by nonphysician persons at a medical spa as set out at rule 653—13.8(148,272C).    23.1(47)   Failure to provide the board, within 14 days of a request by the board as set out at 653—paragraph 13.8(5)“l,” written verification of the education and training of all nonphysician persons who perform medical aesthetic services at a medical spa.    23.1(48)   Failure to file with the board a written report and a copy of the hospital disciplinary action within 30 days of any hospital disciplinary action or the licensee’s voluntary action to avoid a hospital investigation or hospital disciplinary action, as required by rule 653—22.5(272C).       This rule is intended to implement Iowa Code chapters 17A, 147, 148and,272C and 2008 Iowa Acts, Senate File 2428, division II272D.

        ITEM 9.    Amend rule 653—25.25(272C) as follows:

    653—25.25(272C) Disciplinary sanctions.      25.25(1)   If the board concludes following a contested case hearing that discipline is warranted, the board has authority to impose any of the following disciplinary sanctions:    a.    Revocation.    b.    Suspension.    c.    Restriction.    d.    Probation.    e.    Additional education or training.    f.    Reexamination.    g.    Physical or mental evaluation or substance abuse evaluation, or alcohol or drug screening or clinical competency evaluation.    h.    Civil penalties not to exceed $10,000.    i.    Citation and warning.    j.    Imposition of such other sanctions allowed by law as may be appropriate.    25.25(2)   At the discretion of the board, the following factors may be considered by the board in determining the nature and severity of the disciplinary sanction to be imposed:    a.    The relative seriousness of the violation.    b.    The facts of the particular violation.    c.    Any extenuating circumstances or other countervailing considerations.    d.    Number of prior complaints, informal letters or disciplinary charges.    e.    Seriousness of prior complaints, informal letters or disciplinary charges.    f.    Whether the licensee has taken remedial action.    g.    Such other factors as may reflect upon the competency, ethical standards and professional conduct of the licensee.    25.25(3)   Notwithstanding subrule 25.25(1), pursuant to Iowa Code section 272C.15, the board may only revoke or suspend a license for the commission of a crime if the offense directly relates to the duties and responsibilities of the profession, as defined in 653—paragraph 9.3(3)“a.”
        [Filed 6/2/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.
    ARC 5761CNursing Board[655]Adopted and Filed

    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:

  • Updating the Board’s rules regarding use of criminal histories when issuing licenses;
  • Updating the Board’s rules regarding criminal convictions as grounds for discipline;
  • Updating the Board’s rules to reference new Iowa Code section 272C.15 as authority to collect criminal records;
  • Adopting rules to effectuate the new eligibility determination procedure created in new Iowa Code section 272C.15(5); and
  • Removing the term “spouse” from Chapter 18 as a result of 2020 Iowa Acts, House File 2627, section 24, which struck Iowa Code section 272C.4(13).
  • 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 5460C. A public hearing was held on March 16, 2021, at 9 a.m. at the Board’s Office, Suite B, 400 S.W. Eighth Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on April 8, 2021.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. 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 655—Chapter 15.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on August 18, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 655—3.1(17A,147,152,272C), definition of “Fees,” as follows:        "Fees" means those fees collected which are based upon the cost of sustaining the board’s mission to protect the public health, safety and welfare. The nonrefundable fees set by the board are as follows:
    1. 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)).
    2. 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).
    3. 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).
    4. Application for original license or renewal as an advanced registered nurse practitioner, $81 for any period of licensure up to three years.
    5. 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.
    6. For written verification of licensure status, not requiring certified statements, $3 per license.
    7. 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).
    8. For reactivation of a license to practice as an advanced registered nurse practitioner, $81 for any period of licensure up to three years.
    9. For the renewal of a license to practice as a registered nurse/licensed practical nurse, $99 for a three-year period.
    10. For a reissued original certificate recognizing Iowa licensure as a registered nurse, licensed practical nurse, or advanced registered nurse practitioner, $20.
    11. For late renewal of a registered nurse/licensed practical nurse license, $50, plus the renewal fee as specified in paragraph “9” of this definition.
    12. 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.
    13. For a certified copy of an original document, $20.
    1. For the evaluation of the fingerprint cards and the DCI and FBI criminal history background checks, $50.
    1. Petition for eligibility determination, $25.

        ITEM 2.    Amend subrule 3.4(1) as follows:    3.4(1) Board application.  A graduate of an approved nursing program seeking initial licensure shall submit the following:    a.    A completed application for licensure by examination.    b.    Payment of the application fee.    c.    Two completed fingerprint cards and a signed waiver form to facilitate a national criminal history background check.    d.    Copies of relevant court documents ifIf the applicant has a criminal history, copies of all documents required by rule 655—3.11(272C).    e.    Official transcript denoting the date of graduation and diploma or degree conferred sent directly to the board from the nursing program.

        ITEM 3.    Amend subrule 3.5(1) as follows:    3.5(1) Board application.  A graduate of an approved nursing program seeking licensure in Iowa who has been licensed in another state shall submit the following:    a.    A completed application for licensure by endorsement.    b.    Payment of the application fee.    c.    Two completed fingerprint cards and a signed waiver form to facilitate a national criminal history background check.    d.    Copies of relevant court documents ifIf the applicant has a criminal history, copies of all documents required by rule 655—3.11(272C).    e.    Copies of relevant disciplinary documents if the applicant has had disciplinary action taken by another state.    f.    Verification of the license from the original state of licensure, which may be done through www.nursys.com or using the verification form depending on the requirements of the original state of licensure.     g.    Proof of active licensure in any jurisdiction within the previous five years from the date of application or proof of completion of a nurse refresher course in accordance with rule 655—3.10(152) taken within the 12 months prior to the date of application.    h.    Official transcript denoting the date of graduation and diploma or degree conferred sent directly to the board from the nursing program. An applicant may be excused from this requirement if the nursing program is closed and records are no longer available.

        ITEM 4.    Adopt the following new rule 655—3.11(272C):

    655—3.11(272C) Use of criminal convictions in eligibility determinations and initial licensing decisions.      3.11(1) Definitions.          "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 licensed profession, or (2) the circumstances under which an offense was committed are circumstances customary to a licensed profession.        "License" means a license issued by the board.     3.11(2) License application.  Unless an applicant for licensure petitions the board for an eligibility determination pursuant to subrule 3.11(3), the applicant’s convictions will be reviewed when the board receives a completed license application.     a.    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.    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.     c.    An applicant must submit as part of the license application all evidence of rehabilitation that the applicant wishes to be considered by the board.     d.    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.     e.    An applicant with one or more disqualifying offenses who has been found rehabilitated must still satisfy all other requirements for licensure.    f.    Any application fees paid will not be refunded if the license is denied.    3.11(3) Eligibility determination.      a.    An individual who has not yet submitted a completed license application may petition the board 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 board for an eligibility determination prior to applying for licensure.     b.    To petition the board 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 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 board should deem 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.    3.11(4) 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 board’s rules governing contested case proceedings will apply unless otherwise specified in this rule. If the petitioner or applicant fails to timely appeal, the board’s written decision will become a final order.    a.    An administrative law judge will serve as the presiding officer of the nondisciplinary contested case proceeding, unless the board 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.     b.    The contested case hearing shall be closed to the public and the board’s review of a proposed decision shall occur in closed session.    c.    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 or applicant’s convictions include at least one disqualifying offense. Upon the 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.    d.    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.    3.11(5) 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 subrule 4.6(7) and adopt the following new subrule in lieu thereof:    4.6(7)   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 subparagraph 11.3(2)"f" as follows:    (1)   Records pertaining to licensure by examination may include:
    1. Transcripts from nursing education programs. This information is collected pursuant to Iowa Code section 152.7.
    2. Application for licensure by examination. This information is collected pursuant to Iowa Code sections 147.8 and 147.29.
    3. Application for licensure by endorsement. This information is collected pursuant to Iowa Code section 147.44.
    4. Birth certificates (part of previous requirement for licensure; no longer required). This information is collected pursuant to Iowa Code section 147.3.
    5. References.
    6. Past felony record. This information is collected pursuant to Iowa Code section 147.3272C.15.
    7. Examination scores. This information is collected pursuant to Iowa Code section 152.7.
    8. High school graduation or equivalency. This information is collected pursuant to Iowa Code section 152.7.
    9. Certification for advanced registered nurse practice. This information is collected pursuant to Iowa Code section 152.1(2)“d.”

        ITEM 7.    Amend subparagraph 11.3(2)"f" as follows:    (2)   Records pertaining to licensure by endorsement may include:
    1. Transcripts from nursing education programs. This information is collected pursuant to Iowa Code section 152.7.
    2. Application for licensure by endorsement. This information is collected pursuant to Iowa Code section 152.8.
    3. Birth certificates (part of previous requirement; no longer required). This information is collected pursuant to Iowa Code section 147.3.
    4. Past felony record. This information is collected pursuant to Iowa Code section 147.3272C.15.
    5. Examination scores. This information is collected pursuant to Iowa Code section 152.7.
    6. Disciplinary action taken by other boards of nursing. This information is collected pursuant to Iowa Code section 147.52.
    7. High school graduation or equivalency. This information is collected pursuant to Iowa Code section 152.7.
    8. Verification of licensure by another board of nursing. This information is collected pursuant to Iowa Code section 152.8.

        ITEM 8.    Amend subparagraph 11.3(2)"f" as follows:    (3)   Licensure by renewal, reinstatement and reactivation.
    1. Applications. This information is collected pursuant to Iowa Code sections 147.10 and 147.11.
    2. Past felony record. This information is collected pursuant to Iowa Code section 147.3272C.15.
    3. Continuing education records. This information is collected pursuant to Iowa Code section 272C.2.

        ITEM 9.    Rescind the definition of “Spouse” in rule 655—18.1(272C).

        ITEM 10.    Amend rule 655—18.3(272C) as follows:

    655—18.3(272C) Veteran and active duty military spouse reciprocity.      18.3(1)   A veteran or spouse with a nursing license in another jurisdiction may apply for licensure in Iowa through reciprocity (endorsement) pursuant to 655—Chapter 3. A veteran or spouse must pass any examinations required for licensure to be eligible for licensure through reciprocity. A fully completed application for licensure submitted by a veteran or spouse under this subrule shall be given priority and shall be expedited.    18.3(2)   Such an application shall contain all of the information required of all applicants for licensure who hold licenses in other jurisdictions and who are applying for licensure by reciprocity, including but not limited to completion of all required forms, payment of applicable fees, disclosure of criminal or disciplinary histories, and, if applicable, a criminal history background check. The applicant shall use the same forms as any other applicant for licensure by reciprocity and shall additionally provide such documentation as is reasonably needed to verify the applicant’s status as a veteran under Iowa Code section 35.1(2) or as a spouse as defined in rule 655—18.1(272C).    18.3(3)   Upon receipt of a fully completed licensure application, the board shall promptly determine if the professional or occupational licensing requirements of the jurisdiction where the applicant is licensed are substantially equivalent to the licensing requirements in Iowa. The board shall make this determination based on information supplied by the applicant and such additional information as the board may acquire from the applicable jurisdiction. The board may consider the following factors in determining substantial equivalence: scope of practice, education and coursework, degree requirements, postgraduate experience, and examinations required for licensure.    18.3(4)   The board shall promptly grant a license to the applicant if the applicant is licensed in the same or similar profession in another jurisdiction whose licensure requirements are substantially equivalent to those required in Iowa, unless the applicant is ineligible for licensure based on other grounds, for example, the applicant’s disciplinary or criminal background.    18.3(5)   If the board determines that the licensing requirements in the jurisdiction in which the applicant is licensed are not substantially equivalent to those required in Iowa, the board shall promptly inform the applicant of the additional experience, education, or examinations required for licensure in Iowa. Unless the applicant is ineligible for licensure based on other grounds, such as disciplinary or criminal background, the following shall apply:    a.    If an applicant has not passed the required examination(s) for licensure, the applicant may not be issued a provisional license but may request that the licensure application be placed in pending status for up to one year or as mutually agreed to provide the applicant with the opportunity to satisfy the examination requirements.    b.    If additional experience or education is required in order for the applicant’s qualifications to be considered substantially equivalent, the applicant may request that the board issue a provisional license for a specified period of time during which the applicant will successfully complete the necessary experience or education. The board shall issue a provisional license for a specified period of time upon such conditions as the board deems reasonably necessary to protect the health, welfare or safety of the public unless the board determines that the deficiency is of a character that the public health, welfare or safety will be adversely affected if a provisional license is granted.    c.    If a request for a provisional license is denied, the board shall issue an order fully explaining the decision and shall inform the applicant of the steps the applicant may take in order to receive a provisional license.    d.    If a provisional license is issued, the application for full licensure shall be placed in pending status until the necessary experience or education has been successfully completed or the provisional license expires, whichever occurs first. The board may extend a provisional license on a case-by-case basis for good cause.    18.3(6)   A veteran or spouse who is aggrieved by the board’s decision to deny an application for a reciprocal license or a provisional license or is aggrieved by the terms under which a provisional license will be granted may request a contested case (administrative hearing) and may participate in a contested case by telephone. A request for a contested case shall be made within 30 days of issuance of the board’s decision. No fees or costs shall be assessed against the applicant in connection with a contested case conducted pursuant to this subrule.
        [Filed 6/16/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.ARC 5750CPharmacy Board[657]Adopted and Filed

    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:

  • Issuance of a temporary pharmacist license for license transfer candidates who have met all other licensing requirements while the applicant schedules the jurisprudence examination,
  • Removal of the term “spouse” in Chapter 33 as a result of the repeal of Iowa Code section 272C.4(13),
  • Updates to the implementation references in Chapter 33,
  • Addition of a new Chapter 31 to identify the use of a criminal conviction in determining an individual’s eligibility to apply for licensure or registration or in denying, revoking, or suspending a license or registration,
  • Allowance of a pharmacist license transfer candidate to license transfer based on a current and active license in another state that is not required to be the original license by examination, and
  • Requirement that a pharmacist who is seeking reactivation of a pharmacist license must complete a criminal history background check.
  • 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 5454C. 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 13, 2021.Fiscal Impact     This rule making has minimal fiscal impact to the State of Iowa. It is unknown how many pharmacist license transfer candidates will opt to request a temporary pharmacist license pending their jurisprudence examination, which would result in the Board collecting a $20 processing fee (for initial temporary licensure and an additional $20 for renewal, if requested). It also is unknown how many individuals will seek eligibility determination due to a criminal conviction in advance of an application, which would result in the collection by the Board of a $25 fee to recover the associated costs as set forth in 2020 Iowa Acts, House File 2627. 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 657—Chapter 34.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on August 18, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 657—2.3(147,155A) as follows:

    657—2.3(147,155A) License and criminal history record check required.      2.3(1) License required.  Prior to engaging in the practice of pharmacy in Iowa, a pharmacist shall have an active Iowa pharmacist license pursuant to rule 657—2.4(147,155A), 657—2.8(155A), or 657—2.9(147,155A).    2.3(2) Criminal history record check required.  Upon receipt of an initial licensure applicationfor initial licensure pursuant to subrule 2.3(1),or for reactivation pursuant to rule 657—2.11(147,155A), the board shall provide a fingerprint packet to the applicant, who shall submit to the board the completed fingerprint packet and a signed waiver form to facilitate a national criminal history background check of the applicant. The cost of the evaluation of the fingerprint packet and the Iowa division of criminal investigation and United States Federal Bureau of Investigation criminal history background checks will be assessed to the applicant.

        ITEM 2.    Amend rule 657—2.9(147,155A) as follows:

    657—2.9(147,155A) Licensure by license transfer.  An applicant for license transfer must be a pharmacist licensed by examination in a state or territory of the United States, and the license by examination upon which the transfer is based must be in good standing at the time of the application and license transfer. All candidates shall take and pass the MPJE, Iowa Edition, as provided in subrule 2.4(1). Any candidate who fails to pass the examination shall be eligible for reexamination as provided in rule 657—2.7(147).    2.9(1) Eligibility.  Each applicant for license transfer to this state who obtains the applicant’s original license after January 1, 1980, must have passed the NABP Licensure Examination (NABPLEX), the NAPLEX, or an equivalent examination as determined by NABP.    a.    ApplicationApplications for license transfer.Each applicant for license transfer to Iowa shall complete the online application and pay the required fee as determined by NABP at nabp.pharmacy/programsand submit the board’s online application and pay the required nonrefundable fee at pharmacy.iowa.gov.    b.    Foreign pharmacy graduates.If the applicant is a graduate of a school or college of pharmacy located outside the United States that has not been recognized and approved by the board, proof of qualifications shall include certification from the FPGEC pursuant to subrule 2.10(1).    2.9(2) Application requirements.  Application to the board shall consist of the application for license transfer that is prepared by NABP and electronically submitted to the board pursuant to the NABP license transfer program. A foreign pharmacy graduate shall submit certification from the FPGEC as provided in subrule 2.10(1).     2.9(3) MPJE required.  An applicant shall also successfully pass the MPJE, Iowa Edition, as provided in subrule 2.4(1).     2.9(4) Fees.  The nonrefundable fee for license transfer shall consist of the biennial license fee of $180 and a processing fee of $90.     2.9(5) Timeliness.   An application for license transfer is valid for 12 months following the date of issuance by NABP. An applicant for license transfer shall complete, within that one-year period, all licensure requirements established by this rule.

        ITEM 3.    Amend rule 657—2.11(147,155A) as follows:

    657—2.11(147,155A) License expiration and renewal.  A license to practice pharmacy shall expire on the second thirtieth day of June following the date of issuance of the license, with the exception that a new pharmacist license issued between April 1 and June 29 shall expire on the third thirtieth day of June following the date of issuance. The license renewal certificate shall be issued upon completion of the renewal application and payment of a nonrefundable fee of $180.    2.11(1) Late renewal penalty.  Failure to renew the license before July 1 following expiration shall require payment of the nonrefundable renewal fee and a nonrefundable penalty fee of $180. Failure to renew the license before August 1 following expiration shall require payment of the nonrefundable renewal fee and a nonrefundable penalty fee of $270. Failure to renew the license before September 1 following expiration shall require payment of the nonrefundable renewal fee and a nonrefundable penalty fee of $360. Failure to renew the license before October 1 following expiration may require an appearance before the board and shall require payment of a nonrefundable reactivationrenewal fee of $630. The provisions of Iowa Code section 147.11requiring reactivation shall apply to a license that is not renewed within five months of the expiration datebefore November 1 following expiration and shall include completion of a criminal history background check pursuant to subrule 2.3(2).    2.11(2) Delinquent license.  If a license is not renewed before its expiration date, the license is delinquent and the licensee may not practice pharmacy in the state of Iowa until the licensee reactivatesrenews the delinquent license. ReactivationRenewal of a delinquent license shall include submission of a completed application and appropriate nonrefundable fees and may include requirements relating to the reactivation of an inactive license pursuant to subrule 2.13(2). A pharmacist who continues to practice pharmacy in Iowa without a current license may be subject to disciplinary sanctions pursuant to the provisions of 657—subrule 36.6(22).

        ITEM 4.    Adopt the following new rule 657—2.18(147,155A):

    657—2.18(147,155A) Temporary license.  Upon submission of the completed applications for licensure by license transfer pursuant to rule 657—2.9(147,155A), all required nonrefundable application fees, the completed fingerprint packet and signed waiver form to facilitate a national criminal history background check pursuant to subrule 2.3(2) and determination that the applicant satisfies all requirements for licensure with the exception of the jurisprudence examination, an applicant for licensure by license transfer may, pursuant to this rule, request a temporary pharmacist license while the applicant completes the MPJE, Iowa Edition, as required in subrule 2.9(3).    2.18(1) Fee.  The nonrefundable fee for issuance or renewal of a temporary pharmacist license shall be $20.    2.18(2) Duration.  A temporary pharmacist license issued pursuant to this rule shall be valid for a period of three months. A temporary pharmacist license may be renewed one time for an additional period of three months. In order to qualify for renewal of the temporary license, the pharmacist must request renewal on a form provided by the board and demonstrate at least one attempt to take the MPJE, Iowa Edition, or demonstrate that the examination could not be scheduled within the initial temporary licensure period. A temporary pharmacist license is limited to one renewal.     2.18(3) Conversion of license.  Upon successful completion of the MPJE, Iowa Edition, the pharmacist license shall cease to be a temporary license and shall be issued as a permanent pharmacist license subject to an expiration date in accordance with rule 657—2.11(147,155A).

        ITEM 5.    Adopt the following new 657—Chapter 31: CHAPTER 31CRIMINAL CONVICTIONS

    657—31.1(272C) Purpose and scope.  The purpose of this chapter is to establish the process by which an individual’s criminal history is utilized by the board in a determination of eligibility for licensure or registration and in licensing and registration decisions. This chapter applies to individuals who are seeking licensure or registration with the board and individuals who are seeking a licensure or registration eligibility determination from the board based on their prior criminal convictions.

    657—31.2(272C) Definitions.  For the purpose of this chapter, the following definitions shall apply:        "Board" means the Iowa board of pharmacy.        "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 practice of pharmacy. A conviction is directly related to the duties and responsibilities of the practice of pharmacy if either (1) the actions taken in furtherance of an offense are actions customarily performed within the scope of pharmacy practice, or (2) the circumstances under which an offense was committed are circumstances customary to licensed pharmacy personnel.        "License" means any license or registration issued by the board to an individual.

    657—31.3(272C) License application.  Unless an applicant for licensure petitions the board for an eligibility determination pursuant to rule 657—31.4(272C), the applicant’s convictions will be reviewed when the board receives a completed license application.    31.3(1) Disclosure.  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.    31.3(2) Submission of criminal record and personal statement.  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 pharmacy in order for the license application to be considered complete.    31.3(3) Submission of evidence of rehabilitation.  An applicant must submit as part of the license application all evidence of rehabilitation that the applicant wishes to be considered by the board.    31.3(4) Board authority.  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.    31.3(5) Licensure requirements.  An applicant with one or more disqualifying offenses who has been found rehabilitated must still satisfy all other requirements for licensure.    31.3(6) Nonrefundable fees.  Any application fees paid will not be refunded if the license is denied.

    657—31.4(272C) Eligibility determination.      31.4(1)   An individual who has not yet submitted a completed license application may petition the board 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 board for an eligibility determination prior to applying for licensure.     31.4(2)   To petition the board 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:    a.    A completed petition for eligibility determination form;    b.    The complete criminal record for each of the petitioner’s convictions;    c.    A personal statement regarding whether each conviction directly relates to the duties and responsibilities of the practice of pharmacy and why the board should find the petitioner rehabilitated;    d.    All evidence of rehabilitation that the petitioner wishes to be considered by the board; and     e.    A nonrefundable fee of $25.

    657—31.5(272C) Appeal.  A petitioner deemed ineligible for licensure or an applicant denied licensure due to 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 contested case proceedings will apply unless otherwise specified in these rules. If the petitioner or applicant fails to timely appeal, the board’s written decision will become a final order.    31.5(1) Presiding officer.  An administrative law judge will serve as the presiding officer of the nondisciplinary contested case proceeding, unless the board 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.    31.5(2) Closed hearing.  The contested case hearing shall be closed to the public, and the board’s review of a proposed decision shall occur in closed session.    31.5(3) Burden of proof.  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 convictions of the petitioner or applicant 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.    31.5(4) Judicial review.  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.

    657—31.6(272C) 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.       These rules are intended to implement Iowa Code sections 272C.1(8) and 272C.15.

        ITEM 6.    Amend rule 657—33.1(85GA,ch1116) as follows:

    657—33.1(85GA,ch1116272C) Definitions.  For the purposes of this chapter, the following definitions shall apply:        "Military service" means honorably serving on federal active duty, state active duty, or national guard duty, as defined in Iowa Code section 29A.1; in the military services of other states, as provided in 10 U.S.C. Section 101(c); or in the organized reserves of the United States, as provided in 10 U.S.C. Section 10101.        "Military service applicant" means an individual requesting credit toward licensure or registration requirements for education, training, or service obtained or completed in military service.        "Spouse" means a spouse of an active duty member of the military forces of the United States.        "Veteran" means an individual who meets the definition of “veteran” in Iowa Code section 35.1(2).

        ITEM 7.    Amend rule 657—33.2(85GA,ch1116), parenthetical implementation, as follows:

    657—33.2(85GA,ch1116272C)   

        ITEM 8.    Amend rule 657—33.3(85GA,ch1116) as follows:

    657—33.3(85GA,ch1116272C) Veteran or spouse licensure or registration.  A veteran or spouse with an unrestricted pharmacist license in another jurisdiction may apply for pharmacist licensure in Iowa by license transfer pursuant to rule 657—2.9(147,155A) and this chapter. A veteran or spouse must pass any required examinations to be eligible for pharmacist licensure by license transfer. A veteran or spouse may submit an application for pharmacist-intern registration pursuant to 657—Chapter 4 and this chapter. A veteran or spouse may submit an application for technician registration pursuant to 657—Chapter 3 and this chapter. A veteran or spouse may submit an application for pharmacy support person registration pursuant to 657—Chapter 5 and this chapter.    33.3(1) Priority application status.  A fully completed application for licensure or registration submitted by a veteran or spouse under this chapter shall be given priority status and shall be expedited.     33.3(2) Application requirements.  Such an application shall contain all of the information required of all applicants for licensure or registration who hold unrestricted licenses or registrations in other jurisdictions and who are applying for licensure or registration, including, but not limited to, completion of all required forms, payment of applicable fees, disclosure of criminal or disciplinary history, and, if applicable, a criminal history background check. In addition, the applicant shall provide such documentation as is reasonably needed to verify the applicant’s status as a veteran under Iowa Code section 35.1(2) or as a spouse of an active duty member of the military forces of the United States.    33.3(3) Equivalency determination.  Upon receipt of a fully completed application for licensure or registration, the board shall promptly determine if the requirements for licensure or registration of the jurisdiction where the veteran or spouse is licensed or registered are substantially equivalent to the requirements for licensure or registration in Iowa. The board may consider the following factors in determining substantial equivalence: scope of practice, education and coursework, degree requirements, and postgraduate experiences.    33.3(4) Licensure or registration approval.  The board shall promptly grant a license or registration, as appropriate, to the veteran or spouse if the applicant is licensed or registered in another jurisdiction whose licensure or registration requirements are substantially equivalent to those required in Iowa, unless the applicant is ineligible for licensure or registration based on other grounds, for example, the applicant’s disciplinary or criminal background.    33.3(5) Notification of additional requirements and provisional licensure or registration.  If the board determines that the veteran or spouse is licensed or registered in another jurisdiction whose licensure or registration requirements are not substantially equivalent to those required in Iowa, the board shall promptly inform the applicant of the additional experience, education, or examinations required for licensure or registration in Iowa. Unless the applicant is ineligible for licensure or registration based on other grounds, such as disciplinary or criminal background, the following shall apply:    a.    If the applicant has not passed the required examination(s) for licensure or registration, the applicant may request that the application be placed in pending status. The board may issue a provisional 90-day license in order for a pharmacist who has applied for license transfer pursuant to rule 657—2.9(147,155A) to take and pass the multistate pharmacy jurisprudence examination (MPJE), Iowa Edition.    b.    If additional experience or education is required in order for the applicant’s qualifications to be considered substantially equivalent, the applicant may request that the board issue a provisional license or registration for a specified period of time upon such conditions as the board deems reasonably necessary to protect the health, welfare, and safety of the public unless the board determines that the deficiency is of a character that the public health, welfare, or safety will be adversely affected if a provisional license or registration is granted.     c.    If a request for a provisional license or registration is denied, the board shall issue an order fully explaining the decision and shall inform the applicant of the steps the applicant may take in order to receive a provisional license or registration.    d.    If a provisional license or registration is issued, the application for full licensure or registration shall be placed in pending status until the necessary experience or education has been successfully completed or the provisional license or registration expires, whichever occurs first. The board may extend a provisional license or registration on a case-by-case basis for good cause.

        ITEM 9.    Amend rule 657—33.4(85GA,ch1116) as follows:

    657—33.4(85GA,ch1116272C) Request for contested case.  A military service applicant or a veteran or spouse who is aggrieved by the board’s decision to deny all or part of the military service credit application, a request for a license transfer, a request for a registration, or a request for provisional license or registration, or is aggrieved by the terms under which a provisional license or registration will be granted, may request a contested case (administrative hearing) and may participate in a contested case by telephone. A request for a contested case shall be made within 30 days of issuance of the board’s decision pursuant to 657—subrule 35.30(1). There shall be no fees or costs assessed against the military service applicant,or veteran or spouse in connection with a contested case conducted pursuant to this chapter.

        ITEM 10.    Amend 657—Chapter 33, implementation sentence, as follows:       These rules are intended to implement 2014 Iowa Acts, chapter 1116, section 34Iowa Code sections 272C.4(11) and 272C.4(12).

        ITEM 11.    Rescind subrule 36.6(5) and adopt the following new subrule in lieu thereof:    36.6(5)   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 5751CProfessional Licensure Division[645]Adopted and Filed

    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:

  • Removal of references to duplicate wallet cards in light of electronic renewal verification;
  • Addition of a new Chapter 14 regarding the use of criminal convictions in eligibility determinations and initial licensure decisions, as set forth in 2020 Iowa Acts, House File 2627;
  • Addition of a new Chapter 19 to set forth the procedures for license by verification and applicants with work experience, as set forth in 2020 Iowa Acts, House File 2627; and
  • Removal of the term “spouse” in Chapter 20 as a result of 2020 Iowa Acts, House File 2627, section 24, which struck Iowa Code section 272C.4(13).
  • 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 5367C. A virtual public hearing was held on January 19, 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 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 also unknown how many individuals will seek an eligibility determination due to a criminal conviction prior to applying, which determination would result in the collection by the Division of a $25 fee to recover the associated costs as set forth in 2020 Iowa Acts, House File 2627. 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 rule 645—4.8(147) as follows:

    645—4.8(147) Duplicate certificate or wallet card.      4.8(1)   A duplicate wallet card or duplicate certificate shall be required if the current wallet card or certificate is lost, stolen or destroyed. A duplicate wallet card or a duplicate certificate shall be issued only under such circumstances.    4.8(2)   A duplicate wallet card or duplicate certificate shall be issued upon receipt of the completed application for duplicate license and payment of the fee as specified in 645—Chapter 5.    4.8(3)   If the board receives a completed application for a duplicate license stating that the wallet card or certificate was not received within 60 days after being mailed by the board, no fee shall be required for issuing the duplicate wallet card or duplicate certificate.

        ITEM 2.    Amend rule 645—4.9(147) as follows:

    645—4.9(147) Reissued certificate or wallet card.  The board shall reissue a certificate or current wallet card upon receipt of a written request from the licensee, return of the original document and payment of the fee as specified in 645—Chapter 5.

        ITEM 3.    Amend subrule 5.1(6) as follows:    5.1(6)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 4.    Amend subrule 5.2(14) as follows:    5.2(14)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 5.    Amend subrule 5.3(7) as follows:    5.3(7)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 6.    Amend subrule 5.4(6) as follows:    5.4(6)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 7.    Amend subrule 5.5(5) as follows:    5.5(5)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 8.    Amend subrule 5.6(5) as follows:    5.6(5)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 9.    Amend subrule 5.7(7) as follows:    5.7(7)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 10.    Amend subrule 5.8(6) as follows:    5.8(6)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 11.    Amend subrule 5.9(5) as follows:    5.9(5)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 12.    Amend subrule 5.10(5) as follows:    5.10(5)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 13.    Amend subrule 5.11(6) as follows:    5.11(6)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 14.    Amend subrule 5.12(5) as follows:    5.12(5)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 15.    Amend subrule 5.13(6) as follows:    5.13(6)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 16.    Amend subrule 5.14(6) as follows:    5.14(6)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 17.    Amend subrule 5.15(8) as follows:    5.15(8)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 18.    Amend subrule 5.16(5) as follows:    5.16(5)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 19.    Amend subrule 5.17(5) as follows:    5.17(5)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 20.    Amend subrule 5.18(5) as follows:    5.18(5)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 21.    Amend subrule 5.19(5) as follows:    5.19(5)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 22.    Amend subrule 5.20(5) as follows:    5.20(5)   Duplicate or reissued license certificate or wallet card fee is $20.

        ITEM 23.    Adopt the following new 645—Chapter 14: CHAPTER 14USE OF CRIMINAL CONVICTIONS IN ELIGIBILITY DETERMINATIONS AND INITIAL LICENSING DECISIONS

    645—14.1(272C) Definitions.          "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 licensed profession, or (2) the circumstances under which an offense was committed are circumstances customary to a licensed profession.        "License" means any license, registration, or permit issued by the board.

    645—14.2(272C) License application.  Unless an applicant for licensure petitions the board for an eligibility determination pursuant to rule 645—14.3(272C), the applicant’s convictions will be reviewed when the board receives a completed license application.    14.2(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.    14.2(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.    14.2(3)   An applicant must submit as part of the license application all evidence of rehabilitation that the applicant wishes to be considered by the board.    14.2(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.    14.2(5)   An applicant with one or more disqualifying offenses who has been found rehabilitated must still satisfy all other requirements for licensure.    14.2(6)   Any application fees paid will not be refunded if the license is denied.

    645—14.3(272C) Eligibility determination.      14.3(1)   An individual who has not yet submitted a completed license application may petition the board 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 board for an eligibility determination prior to applying for licensure.    14.3(2)   To petition the board 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:    a.    A completed petition for eligibility determination form;    b.    The complete criminal record for each of the petitioner’s convictions;    c.    A personal statement regarding whether each conviction directly relates to the duties and responsibilities of the profession and why the board should find the petitioner rehabilitated;    d.    All evidence of rehabilitation that the petitioner wishes to be considered by the board; and    e.    Payment of a nonrefundable fee of $25.

    645—14.4(272C) Appeal.  A petitioner deemed ineligible or an applicant denied a license due to 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 contested case proceedings will apply unless otherwise specified in this rule. If the petitioner or applicant fails to timely appeal, the board’s written decision will become a final order.    14.4(1)   An administrative law judge will serve as the presiding officer of the nondisciplinary contested case proceeding, unless the board 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.    14.4(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.    14.4(3)   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 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.    14.4(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.

    645—14.5(272C) 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.       These rules are intended to implement 2020 Iowa Acts, House File 2627.

        ITEM 24.    Adopt the following new 645—Chapter 19: CHAPTER 19LICENSURE BY VERIFICATION AND OF APPLICANTS WITH WORK EXPERIENCE

    645—19.1(272C) Licensure by verification.  Licensure by verification is available in accordance with the following.    19.1(1) Eligibility.  A person may seek licensure by verification if the person is licensed in at least one other jurisdiction that has a scope of practice substantially similar to that of Iowa, the person has been licensed for a minimum of one year in the other jurisdiction, and either:    a.    The person establishes residency in the state of Iowa; or    b.    The person 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 to a military installation located in the state of Iowa.    19.1(2) Board application.  The applicant must submit the following:    a.    A completed application for licensure by verification.    b.    Payment of the application fee.    c.    Completed fingerprint cards and a signed waiver form to facilitate a national criminal history background check, if required for initial licensure by the board.    d.    A verification form, completed by the licensing authority in the jurisdiction that issued the applicant’s license, verifying that the applicant’s license in that jurisdiction complies with the requirements of Iowa Code section 272C.12. The completed verification form must be sent directly from the licensing authority to the board.    e.    Proof of residency in the state of Iowa or proof of military member’s official permanent change of station. Proof of residency includes:    (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 federal or state government document; or    (7)   Any other board-approved document that reliably confirms Iowa residency.    f.    A copy of the complete criminal record if the applicant has a criminal history.    g.    A copy of the relevant disciplinary documents if another jurisdiction has taken disciplinary action against the applicant.    h.    A written statement from the applicant detailing the scope of practice in the other state.    i.    Copies of relevant laws setting forth the scope of practice in the other state.    19.1(3) Applicants with prior discipline.  If another 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 who has had a license revoked, or who has voluntarily surrendered a license, in another jurisdiction is ineligible for licensure by verification.    19.1(4) Applicants with pending licensing complaints or investigations.  If an applicant is currently the subject of a complaint, allegation, or investigation relating to unprofessional conduct pending before any regulating entity in another jurisdiction, the board will neither issue a license nor deny the application for licensure until the complaint, allegation, or investigation is resolved.    19.1(5) Compact privileges.  A person who has a privilege to practice in Iowa by virtue of an interstate licensure compact is ineligible for licensure by verification. Licenses issued pursuant to this rule do not grant privileges to practice in any other jurisdiction pursuant to any interstate licensure compact.

    645—19.2(272C) Applicants with work experience in jurisdictions without licensure requirements.      19.2(1) Work experience.  An applicant for initial licensure who has relocated to Iowa from another jurisdiction that did not require a professional license to practice in the profession may be considered to have met any educational and training requirements if the person has at least three years of work experience with a scope of practice substantially similar to that of the profession for which a license in Iowa is sought. The three years of work experience must be within the four years preceding the date of application for initial licensure. The applicant must satisfy all other requirements, including passing any required examinations, to receive a license.    19.2(2) Required documentation.  An applicant who wishes to substitute work experience in lieu of satisfying applicable education or training requirements shall carry the burden of proving 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 work experience within the four years preceding the application for licensure, which may include:    (1)   A letter from the applicant’s prior employer documenting the dates of employment;    (2)   Pay checks or pay stubs;    (3)   If the applicant is self-employed, business documents filed with the secretary of state; or    (4)   Any other board-approved evidence of sufficient work experience.    c.    Proof that the work experience was in a practice with a scope of practice substantially similar to that for the license sought in Iowa, which must include:    (1)   A written statement by the applicant detailing the scope of practice; and    (2)   Business or marketing materials detailing the services provided.    d.    Proof that a professional license was not required in the other state, which may include:    (1)   Copies of applicable laws;    (2)   Materials from a website operated by a governmental entity; or    (3)   Materials from a national professional association.       These rules are intended to implement 2020 Iowa Acts, House File 2627.

        ITEM 25.    Amend 645—Chapter 20, title, as follows:MILITARY SERVICE,AND VETERAN RECIPROCITY, AND SPOUSES OF ACTIVE DUTY SERVICE MEMBERS

        ITEM 26.    Rescind the definition of “Spouse” in rule 645—20.1(272C).

        ITEM 27.    Amend rule 645—20.3(272C) as follows:

    645—20.3(272C) Veteran and active duty military spouse reciprocity.      20.3(1)   A veteran or spouse with an unrestricted professional license in another jurisdiction may apply for licensure in Iowa through reciprocity. A veteran or spouse must pass any examinations required for licensure to be eligible for licensure through reciprocity and will be given credit for examinations previously passed when consistent with board laws and rules on examination requirements. A fully completed application for licensure submitted by a veteran or spouse under this subrule shall be given priority and shall be expedited.    20.3(2)   Such an application shall contain all of the information required of all applicants for licensure who hold unrestricted licenses in other jurisdictions and who are applying for licensure by reciprocity, including, but not limited to, completion of all required forms, payment of applicable fees, disclosure of criminal or disciplinary history, and, if applicable, a criminal history background check. The applicant shall use the same forms as any other applicant for licensure by reciprocity and shall additionally provide such documentation as is reasonably needed to verify the applicant’s status as a veteran under Iowa Code section 35.1(2) or a spouse of an active duty member of the military forces of the United States.    20.3(3)   Upon receipt of a fully completed licensure application, the board shall promptly determine if the professional or occupational licensing requirements of the jurisdiction where the applicant is licensed are substantially equivalent to the licensing requirements in Iowa. The board shall make this determination based on information supplied by the applicant and such additional information as the board may acquire from the applicable jurisdiction. As relevant to the license at issue, the board may consider the following factors in determining substantial equivalence: scope of practice, education and coursework, degree requirements, postgraduate experience, and examinations required for licensure.    20.3(4)   The board shall promptly grant a license to the applicant if the applicant is licensed in the same or similar profession in another jurisdiction whose licensure requirements are substantially equivalent to those required in Iowa, unless the applicant is ineligible for licensure based on other grounds, for example, the applicant’s disciplinary or criminal background.    20.3(5)   If the board determines that the licensing requirements in the jurisdiction in which the applicant is licensed are not substantially equivalent to those required in Iowa, the board shall promptly inform the applicant of the additional experience, education, or examinations required for licensure in Iowa. Unless the applicant is ineligible for licensure based on other grounds, such as disciplinary or criminal background, the following shall apply:    a.    If an applicant has not passed the required examination(s) for licensure, the applicant may not be issued a provisional license, but may request that the licensure application be placed in pending status for up to one year or as mutually agreed to provide the applicant with the opportunity to satisfy the examination requirements.    b.    If additional experience or education is required in order for the applicant’s qualifications to be considered substantially equivalent, the applicant may request that the board issue a provisional license for a specified period of time during which the applicant will successfully complete the necessary experience or education. The board shall issue a provisional license for a specified period of time upon such conditions as the board deems reasonably necessary to protect the health, welfare or safety of the public unless the board determines that the deficiency is of a character that the public health, welfare or safety will be adversely affected if a provisional license is granted.    c.    If a request for a provisional license is denied, the board shall issue an order fully explaining the decision and shall inform the applicant of the steps the applicant may take in order to receive a provisional license.    d.    If a provisional license is issued, the application for full licensure shall be placed in pending status until the necessary experience or education has been successfully completed or the provisional license expires, whichever occurs first. The board may extend a provisional license on a case-by-case basis for good cause.    20.3(6)    An applicant who is aggrieved by the board’s decision to deny an application for a reciprocal license or a provisional license or is aggrieved by the terms under which a provisional license will be granted may request a contested case (administrative hearing) and may participate in a contested case by telephone. A request for a contested case shall be made within 30 days of issuance of the board’s decision. The provisions of 645—Chapter 11 shall apply, except that no fees or costs shall be assessed against the applicant in connection with a contested case conducted pursuant to this subrule.

        ITEM 28.    Amend 645—Chapter 20, implementation sentence, as follows:       These rules are intended to implement Iowa Code section 272C.4 as amended by 2019 Iowa Acts, chapter 9.    [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 5754CProfessional Licensure Division[645]Adopted and Filed

    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 Filed

    Rule 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 Filed

    Rule 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 Filed

    Rule 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:
    1. Date, location, course title;
    2. Number of contact hours; and
    3. Specific identifying description of the microdermabrasion machine covered by the course.
        (3)   Complete a board-approved certification application form and submit to the board office the completed form, a copy of the certification of training, and the required fee pursuant to 645—subrule 62.1(19)645—subrule 5.5(14). The fee is nonrefundable.
        60.4(2)   Chemical exfoliation.    a.    Chemical exfoliation shall only be performed by a cosmetologist who was licensed prior to July 1, 2005, and is certified by the board to perform those services. Additional certification is not required for licensed estheticians.    b.    Chemical exfoliation procedures are limited to the removal of surface epidermal cells of the skin by using only non-medical-strength cosmetic preparations consistent with labeled instructions and as specified by these rules. This procedure is not intended to elicit viable epidermal or dermal wounding, injury, or destruction.    c.    To be eligible to perform chemical peels, a cosmetologist who was licensed prior to July 1, 2005, shall:    (1)   Complete 21 hours of training specific to the process and products to be used for chemical peels. Before an additional process or product is utilized in the licensee’s practice, the licensee shall provide official certification of training on the new process or product.    (2)   Obtain from the program a certification of training that contains the following information:
    1. Date, location, course title;
    2. Number of contact hours; and
    3. Specific identifying description of the chemical peel process and products covered by the course.
        (3)   Complete a board-approved certification application form and submit to the board office the completed form, a copy of the certification of training, and the required fee pursuant to 645—subrule 62.1(19)645—subrule 5.5(15). The fee is nonrefundable.
        60.4(3)   Laser services.    a.    A cosmetologist licensed after July 1, 2005, shall not use laser products.    b.    An electrologist shall only provide hair removal services when using a laser.    c.    Estheticians and cosmetologists shall use laser for cosmetic purposes only.    d.    Cosmetologists licensed prior to July 1, 2005, electrologists and estheticians must be certified to perform laser services.    e.    When a laser service is provided to a minor by a licensed cosmetologist, esthetician or electrologist who has been certified by the board, the licensee shall work under the general supervision of a physician. The parent or guardian shall sign a consent form prior to services being provided. Written permission shall remain in the client’s permanent record for a period of five years.    f.    To be eligible to perform laser services, a cosmetologist who was licensed on or before July 1, 2005, an electrologist, or an esthetician shall:    (1)   Complete 40 hours of training specific to each laser machine, model or device to be used for laser services. Before an additional machine, model or device is utilized in the licensee’s practice, the licensee shall submit official certification of training on the new machine, model or device.    (2)   Obtain from the program a certification of training that contains the following information:
    1. Date, location, course title;
    2. Number of contact hours;
    3. Specific identifying description of the laser equipment; and
    4. 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.
        (3)   Complete a board-approved certification application form and submit to the board office the completed form, a copy of the certification of training, and the required fee pursuant to 645—subrule 62.1(19)645—subrule 5.5(14). The fee is nonrefundable.
        60.4(4)   IPL hair removal treatments.    a.    A cosmetologist licensed after July 1, 2005, shall not use IPL devices.    b.    An IPL device shall only be used for hair removal.    c.    Cosmetologists licensed prior to July 1, 2005, electrologists and estheticians must be certified to perform IPL services.    d.    When IPL hair removal services are provided to a minor by a licensed cosmetologist, esthetician or electrologist who has been certified by the board, the licensee shall work under the general supervision of a physician. The parent or guardian shall sign a consent form prior to services being provided. Written permission shall remain in the client’s permanent record for a period of five years.    e.    To be eligible to perform IPL hair removal services, a cosmetologist who was licensed on or before July 1, 2005, an electrologist, or an esthetician shall:    (1)   Complete 40 hours of training specific to each IPL machine, model or device to be used for IPL hair removal services. Before an additional machine, model or device is utilized in the licensee’s practice, the licensee shall submit official certification of training on the new machine, model or device.    (2)   Obtain from the program a certification of training that contains the following information:
    1. Date, location, course title;
    2. Number of contact hours;
    3. Specific identifying description of the IPL hair removal equipment; and
    4. 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.
        (3)   Complete a board-approved certification application form and submit to the board office the completed form, a copy of the certification of training, and the required fee pursuant to 645—subrule 62.1(19)645—subrule 5.5(14). The fee is nonrefundable.
        60.4(5)   Health history and incident reporting.    a.    Prior to providing laser or IPL hair removal, microdermabrasion or chemical peel services, the cosmetologist, esthetician, and electrologist shall complete a client health history of conditions related to the application for services and include it with the client’s records. The history shall include but is not limited to items listed in paragraph 60.4(5)“b.”    b.    A licensed cosmetologist, esthetician, or electrologist who provides services related to the use of a certified laser product, IPL device, chemical peel, or microdermabrasion shall submit a report to the board within 30 days of any incident in which provision of such services resulted in physical injury requiring medical attention. Failure to comply with this requirement shall result in disciplinary action by the board. The report shall include the following:    (1)   A description of procedures;    (2)   A description of the physical condition of the client;    (3)   A description of any adverse occurrence, including:
    1. Symptoms of any complications including, but not limited to, onset and type of symptoms;
    2. A description of the services provided that caused the adverse occurrence;
    3. A description of the procedure that was followed by the licensee;
        (4)   A description of the client’s condition on termination of any procedures undertaken;    (5)   If a client is referred to a physician, a statement providing the physician’s name and office location, if known;    (6)   A copy of the consent form.
        60.4(6)   Failure to report. Failure to comply with paragraph 60.4(5)“b” when the adverse occurrence is related to the use of any procedure or device noted in the attestation may result in the licensee’s loss of authorization to administer the procedure or device noted in the attestation or may result in other sanctions provided by law.    60.4(7)   A licensee shall not provide any services that constitute the practice of medicine.

        ITEM 4.    Adopt the following new subrule 60.7(5):    60.7(5)   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 5.    Amend subrule 60.8(4) as follows:    60.8(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 6.    Amend subrule 60.8(5) as follows:    60.8(5)   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 62.1(3)645—subrule 5.5(3). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period.

        ITEM 7.    Amend subrule 60.17(2) as follows:    60.17(2)   Pay the reactivation fee that is due as specified in rule 645—62.1(147,157)645—5.5(147,157).

        ITEM 8.    Amend subrule 61.2(5) as follows:    61.2(5)   A salon license shall be issued for a specific location. A change in location or site of a salon shall require submission of an application for a new license and payment of the fee required by 645—subrule 62.1(16)645—subrule 5.5(11). A change of address without change of actual location shall not be construed as a new site.

        ITEM 9.    Amend subrule 61.3(5) as follows:    61.3(5)   A salon shall be in full compliance with this chapter and 645—Chapter 63 to be eligible for renewal. When all requirements for license renewal are met, the salon shall be sentissued a license renewal card by regular mail.

        ITEM 10.    Amend rule 645—61.4(272C) as follows:

    645—61.4(272C) Inactive salon license.      61.4(1)   If the renewal application and fee are not postmarked within 30 days after the license expiration date, the salon license is inactive. To reactivate a salon license, the reactivation application and fee shall be submitted to the board office.A salon that has not renewed the salon license within the required time frame will have an inactive license and shall not provide cosmetology services until the license is reactivated.    61.4(2)   A salon that has not renewed the salon license within the required time frame will have an inactive license and shall not provide cosmetology services until the license is reactivated.To reactivate a salon license, the reactivation application and fee shall be submitted to the board office.

        ITEM 11.    Amend rule 645—61.5(157) as follows:

    645—61.5(157) Display requirements for salons.      61.5(1)   Every salon shall have a sign visible outside the entrance designating the place of business.    61.5(2)   The most current salon licenseproof of renewal card shall be posted in the salon front entrance area to provide the public a full, unobstructed view of the license. Photo and electronic copies are not acceptable.    61.5(3)   The most current licenseproof of renewal card for each licensee working in the salon shall be posted in the salon front entrance area to provide the public a full, unobstructed view of the license. Photo and electronic copies are not acceptable.    61.5(4)   If the licensee works in more than one salon, the currentproof of renewal card shall be posted in the primary place of practice, and the licensee shall have the current wallet card in the licensee’s possessionbe able to provide the renewal upon request.    61.5(5)   Each licensee shall have a valid U.S. government-issued photo ID to provide to an agent of the board upon request as proof of identity.

        ITEM 12.    Amend rule 645—61.6(147) as follows:

    645—61.6(147) Duplicate certificate or wallet card for salons.      61.6(1)   A duplicate wallet card or duplicate certificate shall be required if the current wallet card or certificate is lost, stolen or destroyed. A duplicate wallet card or duplicate certificate shall only be issued under such circumstances.    61.6(2)   A duplicate salon wallet card or certificate shall be issued upon receipt of a completed application and receipt of the fee as specified in 645—subrule 62.1(5)645—subrule 5.5(5).    61.6(3)   If the board receives a completed application stating that the owner of the salon has not received the wallet card or certificate within 60 days after the card or certificate is mailed by the board, no fee shall be required for issuing the duplicate wallet card or certificate.

        ITEM 13.    Amend paragraph 61.8(2)"b" as follows:    b.    Schools shall be in full compliance with this chapter and 645—Chapter 63 to be eligible for renewal. When all requirements for license renewal are met, the school shall be sentissued a license renewal card by regular mail.

        ITEM 14.    Amend rule 645—61.10(157) as follows:

    645—61.10(157) Display requirements for schools.      61.10(1)   Every school shall have a sign visible outside the entrance designating the place of business.    61.10(2)   A school license and the currentproof of renewal card shall be posted in the school’s front entrance area to provide the public a full unobstructed view of the license. Photocopies and electronic copies are not acceptable.    61.10(3)   The current licenseproof of renewal card for each instructor working at the school shall be posted in the school’s front entrance area to provide the public a full unobstructed view of the license. Photocopies and electronic copies are not acceptable.

        ITEM 15.    Rescind subrule 65.2(12) and adopt the following new subrule in lieu thereof:    65.2(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 5774CProfessional Licensure Division[645]Adopted and Filed

    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 Filed

    Rule 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 Filed

    Rule 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 Filed

    Rule 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 Filed

    Rule 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:
    1. 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;
    2. 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;
    3. Each application shall be accompanied by the appropriate fees payable to the Board of Nursing Home Administrators. The fees are nonrefundable;
    4. The applicant shall have official copies of academic transcripts sent directly from the school(s) to the board;
    5. The applicant shall provide satisfactory evidence of the completion of the long-term care practicum;
    6. An applicant shall successfully pass the approved national examination;
    7. 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.
    8. Incomplete applications that have been on file in the board office for more than two years shall be:
    9. Considered invalid and shall be destroyed; or
    10. Maintained upon request of the applicant. The applicant is responsible for requesting that the file be maintained.
    11. Notification of eligibility for licensure shall be sent to the licensee by the board.

        ITEM 2.    Amend rule 645—141.7(155) as follows:

    645—141.7(155) Licensure by endorsement.      141.7(1)   An applicant who has been a licensed nursing home administrator 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.    Provides evidence of a minimum of a bachelor’s degree from a college or university accredited by the United States Department of Education. An official copy of the academic transcript denoting date of graduation and the degree conferred shall be sent directly from the school to the board office;    4d.    Provides evidence of an active license as a nursing home administrator for at least two years just prior to application, or meets the qualifications outlined in rule 645—141.4(155);    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 action taken against the license; and    f.    6. Provides one of the following:    •(1)   The official NAB examination score sent directly from NAB to the board or from the state in which the applicant was first licensed; or    •(2)   Evidence of certification as a nursing home administrator (CNHA) in good standing with the American College of Health Care Administrators.    141.7(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 3.    Amend subrule 141.9(4) as follows:    141.9(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 4.    Amend subrule 141.9(5) as follows:    141.9(5)   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 145.1(3)645—subrule 5.10(3). 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 144.2(13) and adopt the following new subrule in lieu thereof:    144.2(13)   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 5776CProfessional Licensure Division[645]Adopted and Filed

    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 Filed

    Rule 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:
    1. Submits to the board a completed application;
    2. Pays the licensure fee;
    3. Shows evidence of licensure requirements in the jurisdiction in which the applicant has been licensed that are similar to those required in Iowa;
    4. Submits official results from the appropriate professional examination sent directly from the examination service to the board;
    5. Provides official copies of the academic transcripts sent directly from the school to the board;
    6. 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:
    7. Licensee’s name;
    8. Date of initial licensure;
    9. Current licensure status; and
    10. Any disciplinary action taken against the license; and
    11. Shows evidence of one of the following:
    12. 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;
    13. 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;
    14. 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
    15. Successfully passing the examination within a period of two years from the date of examination to the time application is completed for licensure.
    Individuals who were issued their licenses by endorsement within six months of the license renewal date will not be required to renew their licenses until the next renewal two years later.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 8.    Amend subrule 206.10(5) as follows:    206.10(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 9.    Amend subrule 206.10(7) as follows:    206.10(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 5.11(4). 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 209.2(11) and adopt the following new subrule in lieu thereof:    209.2(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 5768CProfessional Licensure Division[645]Adopted and Filed

    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 Filed

    Rule 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:
    1. 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.
    2. 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.
    3. Provide work assignments that shall be commensurate with the skills of the supervisee. All procedures shall be planned in consultation with the supervisor.
    4. 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.
    5. 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.
    6. 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.
    7. Inform clients of the possibility of periodic meetings with the supervising psychologist at the client’s, the supervisee’s or the supervisor’s request.
    8. Provide for setting and receipt of payment that shall remain the sole domain of the employing agency or supervising psychologist.
    9. 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.
    10. 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.
    11. 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.
    12. 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.
    13. Countersign all written reports, clinical records and communications as “Reviewed and Approved” by the supervising psychologist.

        ITEM 2.    Adopt the following new subrule 240.10(5):    240.10(5)   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 240.13(5) as follows:    240.13(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 240.13(6) as follows:    240.13(6)   A person licensed to practice as a psychologist shall keep the person’s license certificate and wallet card(s)renewal displayed in a conspicuous public place at the primary site of practice.

        ITEM 5.    Amend subrule 240.13(7), introductory paragraph, as follows:    240.13(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 5.16(3).

        ITEM 6.    Rescind subrule 242.2(12) and adopt the following new subrule in lieu thereof:    242.2(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 5770CProfessional Licensure Division[645]Adopted and Filed

    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 Filed

    Rule 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 Filed

    Rule 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 Filed

    Rule 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 Filed

    Rule 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 Filed

    Rule 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 Filed

    Rule 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 Filed

    Rule 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 Filed

    Rule 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 Filed

    Rule 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:
    1. The application of the rule would impose an undue hardship on the person for whom the waiver is requested;
    2. The waiver from the requirements of the rule in the specific case would not prejudice the substantial legal rights of any person;
    3. The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or another provision of law; and
    4. 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.

        ITEM 4.    Amend rule 781—19.12(17A) as follows:

    781—19.12(17A) Summary reportsSubmission of waiver information.  SemiannuallyWithin 60 days of granting or denying a waiver, the agency shall prepare a summary reportmake a submission on the Internet site established pursuant to Iowa Code section 17A.9A for the submission of waiver information identifying the rules for which a waiver has been granted or denied, the number of times a waiver was granted or denied for each rule, a citation to the statutory provisions implemented by these rules, and a general summary of the reasons justifying the agency’s actions on waiver requests. If practicable, the report shall detail the extent to which the granting of a waiver hasestablished a precedent for additional waivers and the extent to which the granting of a waiver has affected the general applicability of the rule itself. 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 6/23/21, effective 8/18/21][Published 7/14/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/14/21.

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