Iowa Legislature: Bulletin_11_16

Bulletin 11-16-2022

Front matter not included

ARC 6667CAlcoholic Beverages Division[185]Notice of Intended Action

Proposing rule making related to federal regulations for trade practices and providing an opportunity for public comment

The Alcoholic Beverages Division hereby proposes to amend Chapter 16, “Trade Practices,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 123.10 and 123.186.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 123.186.Purpose and Summary Pursuant to Iowa Code section 123.186, the Division is required to adopt as rules the substance of the federal regulations found in 27 CFR Parts 6, 8, 10, and 11 prescribed by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury. These regulations govern allowable and prohibited trade practice activity among alcohol manufacturers, wholesalers, and retailers in the areas of tied house, exclusive outlets, commercial bribery, and consignment sales. The proposed amendments to Chapter 16 make necessary updates to align the Division’s rules with the current federal regulations unless otherwise preempted by Iowa law. The Division believes this will make the regulatory requirements clearer and ultimately make it easier for manufacturers, wholesalers, and retailers to do business in Iowa.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 Division for a waiver of the discretionary provisions, if any, pursuant to 185—Chapter 19.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 Division no later than 4:30 p.m. on December 6, 2022. Comments should be directed to:Tyler Ackerson Iowa Alcoholic Beverages Division 1918 SE Hulsizer Road Ankeny, Iowa 50021 Email: rules@iowaabd.comPublic Hearing A public hearing at which persons may present their views via conference call will be held as follows. Persons who wish to attend the conference call should contact Tyler Ackerson, executive officer, via email at rules@iowaabd.com. A conference call number will be provided prior to the hearing. Persons who wish to make oral comments at the conference call public hearing must submit a request to Mr. Ackerson prior to the hearing to facilitate an orderly hearing.December 6, 2022 1 to 3 p.m.Video/conference call Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the hearing and have special requirements, such as those related to hearing impairments, should contact the Division and advise of specific needs.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend rule 185—16.1(123) as follows:

185—16.1(123) Definitions. "Alcoholic liquor" means “alcoholic liquor” as defined in Iowa Code section 123.3(5). For the purposes of this chapter, “alcoholic liquor” includes “native distilled spirits” as defined in Iowa Code section 123.3(34). "Beer" means “beer” as defined in Iowa Code section 123.3(7). For the purposes of this chapter, “beer” includes “canned cocktail” as defined in Iowa Code section 123.3(11) and “high alcoholic content beer” as defined in Iowa Code section 123.3(22). "Brand" means each alcoholic liquor, wine,or beer, or high alcoholic content beer packaged and sold under a separate name, class, type, or kind designation (wine appellation of origin, wine vintage date, alcoholic liquor age, percentage of alcohol, etc.). "Cost adjustment factor." The division shall annually adjust the dollar limitations in rule 185—16.2(123) not to exceed the adjusted annual cost permitted by the federal Bureau of Alcohol, Tobacco, and Firearms contained in 27 CFR 6.83. The division shall annually adjust the dollar limitations in rule 185—16.3(123) not to exceed the adjusted annual cost permitted by the federal Bureau of Alcohol, Tobacco, and Firearms contained in 27 CFR 6.85. The division shall annually adjust the dollar limitations in rule 185—16.16(123) not to exceed the adjusted annual cost permitted by the federal Bureau of Alcohol, Tobacco, and Firearms contained in 27 CFR 6.100. The dollar limitations for the rules listed herein for calendar year 1992 are as follows:

Rule 185—16.2(123) Product displays: $160.
Rule 185—16.3(123) Retailer advertising utensils: $78.
Rule 185—16.16(123) Participation in retail association activities: $160.

"Division" means the alcoholic beverages division of the department of commerce. "Equipment" includes, but is not limited to, mechanized and nonmechanized refrigeration units and devices used in the storage, dispensing, and cooling of alcoholic liquor, wine and beer, tap boxes, “party wagons,” dispensing systems, and shelving. Equipment does not include tapping accessories (including faucets, rods, vents, taps, hoses, washers, couplings, gas gauges, vent tongues, shanks, check valves and “picnic” pumps) which are used in dispensing wine or beer from kegs or bulk packaging. "Exclusion," in whole or in part, of a competitor’s products includes, but is not limited to, any, some or all of the following factors:means a practice by an industry member, whether direct, indirect, or through an affiliate, that places (or has the potential to place) retailer independence at risk by means of a tie or link between the industry member and retailer or by any other means of industry member control over the retailer, and such practice results in the retailer’s purchasing less than it would have of a competing industry member’s product. The following criteria are indications that a particular practice places retailer independence at risk. A practice need not meet all of the criteria specified below in order to place retailer independence at risk.

Position and location of alcoholic beverages products sold during special event.
Alcoholic beverages products sold prior to allegation of violation in retail establishment.
Industry member and retailer objective intent.
Industry member and retailer connection with charitable or civic sponsor of special event.
Alcoholic beverages products sold during the event.
Sales price and discounts on alcoholic beverages products sold during the event.
Any other special considerations or preferential treatment offered by the industry member and accepted by the retailer which were not similarly offered to all retailers in the same market.

The practice restricts or hampers the free economic choice of a retailer to decide which products to purchase or the quantity in which to purchase them for sale to consumers.
The industry member obligates the retailer to participate in a promotion to obtain the industry member’s product.
The retailer has a continuing obligation to purchase or otherwise promote the industry member’s product.
The retailer has a commitment not to terminate its relationship with the industry member with respect to purchase of the industry member’s products.
The practice involves the industry member in the day-to-day operations of the retailer. For example, the industry member controls the retailer’s decisions on which brand of products to purchase, the pricing of products, or the manner in which the products will be displayed on the retailer’s premises.
The practice is discriminatory in that it is not offered to all retailers in the local market on the same terms without business reasons present to justify the difference in treatment.

"Fixtures" includes, but is not limited to, bar sinks, bars, light fixtures, and indoor or outdoor signs used to identify the retail establishment. "Furnishings" includes, but is not limited to, money, services, chairs, tables, lamps, pictures, remodeling costs, bar sinks, menus, carpeting, bar stools, display cabinets and curios, linens, linen services, china and silver or stainless steel eating and other utensils, decorations, and sound systems used by a retailer. (Durable and disposable glassware is addressed in rule 185—16.5(123).) "Furnishings, fixtures and equipment" does not include the items identified in rule 185—16.2(123), subrule 16.3(5)16.3(2), rule 185—16.4(123), rule 185—16.5(123), rule 185—16.6(123), rule 185—16.7(123), subrule 16.13(5), or subrule 16.13(6).or paragraph 16.13(2)“a.” "Industry member" means an alcoholic beverages manufacturer, including a distiller, vintner or brewer, bottler, importer, wholesaler, jobber, representative, broker, agent, officer, director, shareholdernot considered an institutional investor as defined in Iowa Code section 123.3(27), partner or employee of each of the above. "Product" means alcoholic liquor, wine, beer, or high alcoholic content beer as defined in Iowa Code chapter 123. "Retailer" means the holder of an alcoholic beverages license or permit, agents, officers, directors, shareholdersnot considered institutional investors as defined in Iowa Code section 123.3(27), partners, and employees who sell alcoholic liquor, wine or beer to consumers for consumption on or off the premises of the licensee or permittee. "Sampling" means the practice of industry members giving product to a retailer for the purpose of market research, education, promotion of the product, or determination of the flavor of the product. "Tasting" means the presentation and serving of a product by industry members or retailers to consumers for the purpose of market research, education, promotion of the product, or determination of the flavor of the product. "Trade buyer" means a person who is a wholesaler or retailer of alcoholic liquor, wine, or beer. "Trade spending" means the practice of industry members promoting their brand by purchasing alcoholic beverages for consumers where alcoholic beverages are sold and served for on-premises consumption. "Wine" means “wine” as defined in Iowa Code section 123.3(54). For the purposes of this chapter, “wine” includes “native wine” as defined in Iowa Code section 123.3(36). This rule is intended to implement Iowa Code sections 123.45 and 123.186.

ITEM 2. Amend rule 185—16.2(123) as follows:

185—16.2(123) Product displays. 16.2(1) AnExcept as otherwise provided in this rule, an industry member is prohibited, directly or indirectly, frominducing a retailer to purchase any products from the industry member to the exclusion, in whole or in part, of products sold or offered for sale by other industry members by any of the following means: a. rentingRenting, leasing, or buying display space from a retailer,. b. payingPaying a retailer to set up a display,. c. givingGiving a special price on the products featured in the display or other products sold by the industry member,. d. or providingProviding free merchandise to a retailer in return for a display. 16.(1) 16.2(2) An industry member may give, furnish, sell, rent or loan product displays such as wine racks, bins, barrels, casks and portable, disposable shelving from which alcoholic beverages are displayed and sold, provided that the product display bears conspicuous and substantial advertising matteron the product or the industry member which is permanently inscribed or securely affixed. The name and address of the retailer may appear on the product display. A product display is prohibited if it has secondary value to the retailer, for other than advertising purposes. An industry member is prohibited from requiring a retailer to purchase a specific quantity of alcoholic liquor, wine or beer in order to receive a product display. 16.(2) 16.2(3) The total value of all product displays per brand per calendar year may not exceed $155$300 per brand at any one time in any one retail establishment. The value of the product display is the industry member’s original cost of the item. 16.(3) 16.2(4) Industry members may not pool or combine their dollar limitations in order to provide a retailer with a product display which exceeds $155$300. Industry members are prohibited from pooling or combining several brands to provide a retailer with a product display which exceeds $155$300. 16.2(5) An industry member shall keep and maintain records in accordance with rule 185—16.18(123). This rule is intended to implement Iowa Code section 123.186.

ITEM 3. Amend rule 185—16.3(123) as follows:

185—16.3(123) Retailer advertising utensils, consumer souvenirs,advertising specialties, retailer wearing apparel. 16.3(1) Retailer advertising utensils. a. An industry member may furnishsupply, give, or sell retailer advertising utensils which bear conspicuous advertising matter permanently affixed to the utensils and which are primarily valuable as point-of-sale advertising intended for use on the premises of the retail establishment. No advertising utensils with secondary value which constitute furnishings, fixtures, or equipment used in the storage, handling, serving, or dispensing of alcoholic beverages, wine, beer, or food within the place of the retail business of a licensee or permittee shall be given, furnished or sold by an industry member to a retailer.Such materials include, but are not limited to, posters, placards, designs, inside signs (electric, mechanical or otherwise), window decorations, trays, coasters, mats, menu cards, meal checks, paper napkins, foam scrapers, back bar mats, thermometers, clocks, calendars, and alcoholic beverage lists or menus. b. All retailer advertising utensils must bear conspicuous and substantial advertising matter about the product or the industry member which is permanently inscribed or securely affixed. The name and address of the retailer may appear on the point of sale advertising materials. c. An industry member shall not pay or credit a retailer, directly or indirectly, for using retailer advertising utensils or for any expense incidental to their use. 16.3(1) The total value of all retailer advertising utensils which may be furnished, given or sold by an industry member to a retailer per brand per calendar year may not exceed $76. 16.3(2) Industry members may not pool or combine their dollar limitations in order to provide a retailer with retailer advertising utensils which exceed $76. 16.3(3) Industry members may not pool or combine the dollar limitations for several brands in order to provide a retailer with retailer advertising utensils which exceed $76. 16.3(4) The value of the retailer advertising utensil is the industry member’s original cost of the item. 16.(5) 16.3(2) Consumer advertising specialties. a. An industry member may furnish, give, or sell consumer souvenirsadvertising specialties to a retailer for unconditional distribution by the retailer to consumers. Consumer souvenirsadvertising specialties may include such items as printed recipes, matches,nonalcoholic mixers, bottle or can openers, corkscrews, shopping bags,matches, printed recipes, pamphlets,cards, leaflets, blotters, postcards, pens or pencils, shirts, caps, and visors. b. Consumer souvenirsadvertising specialties must bear conspicuousand substantial advertising matter which identifies the industry member or the industry member’s alcoholic beverages productabout the product or the industry member that is permanently inscribed or securely affixed. c. TheAn industry member mayshall not pay or credit thea retailer, directly or indirectly, for distributing consumer souvenirsadvertising specialties or for any expense incidental to their use. There is no dollar limitation on consumer souvenirs. d. Such souvenirs shall be offered to all retailers by the industry member within the industry member’s marketing territory on as equal and equitable a basis as possible. In the event the souvenira consumer advertising specialty also advertises a local event not sponsored by the retailer, the souvenirconsumer advertising specialty need only be offered by the industry member to the retailers within the local community where the event is held. 16.(6) 16.3(3) Retailer wearing apparel. An industry member may sell wearing apparel, including sweatshirts, T-shirts, pants, shorts, hats, caps, polo-type shirts, jackets, jerseys and other similar clothing, which bears substantial permanently affixed advertising identifying the industry member’s name or products to a retailerfor use by the retailer and the retailer’s employees at not less than the industry member’s laid-in cost of the items. There is no dollar limitation on wearing apparel which may be sold by an industry member to a retailer. 16.3(4) Record keeping. An industry member shall keep and maintain records in accordance with rule 185—16.18(123). This rule is intended to implement Iowa Code sections 123.45 and 123.186.

ITEM 4. Rescind and reserve rule 185—16.4(123).

ITEM 5. Amend rule 185—16.5(123) as follows:

185—16.5(123) Glassware. 16.5(1) Disposable beer or wine glassware. a. An industry member engaged in the manufacturing or wholesaling of beer or wine may sell disposable glassware (including foam, paper and one-use plastic cups) to a retailer. b. An industry member engaged in the manufacturing or wholesaling of beer or wine is prohibited from selling disposable glassware to a retailer at less than the industry member’s laid-in cost of the disposable glassware. 16.5(2) Commemorative beer or wine glassware. a. An industry member engaged in the manufacturing or wholesaling of beer or wine may sell commemorative glassware which bears substantial advertising matter identifying the industry member or the industry member’s product to off-premises retailers for resale to consumers. b. An industry member engaged in the manufacturing or wholesaling of beer or wine is prohibited from selling commemorative glassware to off-premises retailers at less than the industry member’s laid-in cost. 16.5(3) Durable or disposable alcoholic liquor glassware. a. An industry member engaged in the manufacturing or wholesaling of alcoholic liquor may sell durable or disposable (including foam, paper or one-use plastic cups) glassware to a retailer. The glassware must bear advertising matter which identifies the industry member or the industry member’s product. b. An industry member engaged in manufacturing or wholesaling alcoholic liquor is prohibited from selling durable or disposable glassware to a retailer at less than the industry member’s laid-in cost of the disposable or durable glassware. 16.5(4) Record keeping. An industry member shall keep and maintain records in accordance with rule 185—16.18(123). This rule is intended to implement Iowa Code sections 123.45 and 123.186.

ITEM 6. Amend rule 185—16.6(123) as follows:

185—16.6(123) Tapping accessories and coil cleaning service. 16.6(1) Tapping accessories. a. An industry member may sell tapping accessories, identified in rule 185—16.1(123), and carbon dioxide to a retailer at not less than the industry member’s laid-in cost. b. An industry member may install tapping accessories at a retail establishment provided the retailer bears the cost of initial installation. 16.6(2) Coil cleaning service. An industry member may sell, furnish or give wine and beer coil cleaning services, including carbon dioxide filters and other necessary accessories to properly clean the coil and affix carbon dioxide filters, to a retailer.The manufacturer shall be responsible for paying for the costs if carbon dioxide filters are provided. This rule is intended to implement Iowa Code sections 123.45 and 123.186.

ITEM 7. Amend subparagraphs 16.7(1)"a" and 16.7(1)"a" as follows: (3) No more than two two-fluid-ounce tastes of any brand of beer or high alcoholic content beer. (4) No more than two two-fluid-ounce tastes of a mixed drink or cocktail as defined in 185—paragraph 4.5(1)“b.”Iowa Code section 123.3.

ITEM 8. Amend paragraph 16.7(2)"b" as follows: b. Unlicensed premises. (1) A tasting of wine, beer, or high alcoholic content beer may be conducted in an unlicensed public place unless prohibited by Iowa Code section 123.46(2) or an applicable ordinance or regulation of the local authority. (2) A tasting of alcoholic liquor, wine, beer, or high alcoholic content beer may be conducted in an unlicensed private place as defined in 185—subrule 4.23(4)Iowa Code section 123.3. (3) A tasting of alcoholic liquor is prohibited in an unlicensed public place. (4) Wine, beer, and high alcoholic content beer served during a tasting shall be obtained from the respective wholesaler. (5) An industry member may provide snack foods or hors d’oeuvres for the participants at the tasting. (6) Any product or food remaining at the end of a tasting shall be removed from the premises by the industry member.

ITEM 9. Amend paragraph 16.8(2)"c" as follows: c. Three gallons of any brand of beer or high alcoholic content beer.

ITEM 10. Amend subrule 16.8(3) as follows: 16.8(3) Procurement. An industry member shall obtain alcoholic liquor, wine, beer, or high alcoholic content beer used for sampling from the respective wholesaler.

ITEM 11. Amend rule 185—16.10(123) as follows:

185—16.10(123) Discounts prohibited. An industry member is prohibited from offering discounts to retailers which are not uniformly offered to all retailers in the market area. An industry member is prohibited from refusing to give a retailer a discount which is offered to other retailers in the market area even though the retailer declines to reduce the price to the consumer during the discount period, or to advertise the industry member’s product during the promotion period. This rule is intended to implement Iowa Code sections 123.135(4) and 123.180(4).

ITEM 12. Amend rule 185—16.11(123) as follows:

185—16.11(123) Combination packaging. An industry member may package and distribute alcoholic liquor, wine, or beer in combination with other nonalcoholic items or products. 16.11(1) provided that the itemsCombination packages shall not have no secondary value to the retailer other than having the potential of attracting purchasers and promoting sales. The combination package must 16.11(2) Combination packages shallbe designed to be delivered intact to the consumer, and theany additional cost incurred by the industry member shall be included in the cost to the retailer. 16.11(3) (Industry members who sell alcoholic liquor to the division must comply with the division’s policies regarding combination packaging.) This rule is intended to implement Iowa Code section 123.186.

ITEM 13. Rescind rule 185—16.12(123) and adopt the following new rule in lieu thereof:

185—16.12(123) Consumer promotions. 16.12(1) Coupons. The act by an industry member of furnishing to consumers coupons which are redeemable at a retail establishment does not constitute a means to induce provided the following conditions are met: a. All retailers within the market where the coupon offer is made may redeem such coupons. b. An industry member may not reimburse a retailer for more than the face value of all coupons redeemed, plus a usual and customary handling fee for the redemption of coupons. 16.12(2) Direct offerings. Contest prizes, premium offers, refunds, and like items may be offered by industry members directly to consumers. Officers, employees, and representatives of wholesalers or retailers are excluded from participation. This rule is intended to implement Iowa Code section 123.186.

ITEM 14. Rescind rule 185—16.13(123) and adopt the following new rule in lieu thereof:

185—16.13(123) Advertising, display or distribution service. 16.13(1) Prohibition. The act of an industry member paying or crediting a retailer, directly or indirectly, for any advertising, display, or distribution service is prohibited if the act results in exclusion. Such acts include, but are not limited to, the following: a. Making payments or credits to retailers that are merely reimbursements, in full or in part, for such services purchased by a retailer from a third party. b. Directly or indirectly sharing the cost of an advertisement with a retailer. c. Purchasing advertising from a retailer on such things as, but not limited to, signs, scoreboards, programs, scorecards, and tote boards in ballparks, stadiums, auditoriums, racetracks, arenas, bowling alleys and all other retail establishments. d. Purchasing advertising in a retailer publication for distribution to consumers or the general public. e. Providing reimbursements to retailers for setting up product or other displays. f. Paying the retailer via a promotion where the industry member rents display space at a retail establishment. 16.13(2) Exceptions. a. Newspaper cuts, mats, or engraved blocks for use in retailers’ advertisements may be given or sold by an industry member to a retailer selling the industry member’s products. b. An industry member may list the names and addresses of two or more unaffiliated retailers selling the products of an industry member in an advertisement of that industry member provided all of the following conditions are met: (1) The advertisement does not also contain the retail price of the product. (2) The listing is the only reference to the retailers in the advertisement and is relatively inconspicuous in relation to the advertisement as a whole. (3) The advertisement does not refer only to one retailer or only to retail establishments controlled directly or indirectly by the same retailer. This rule is intended to implement Iowa Code sections 123.45 and 123.186.

ITEM 15. Amend rule 185—16.14(123) as follows:

185—16.14(123) Stocking and product rotation. 16.14(1) Allowable activities. a. An industry member may stock, and rotate, and reset alcoholic liquor, wine or beer sold by the industry member. b. An industry member may affix prices to alcoholic liquor, wine or beer sold by the industry member at the time of delivery, provided that the retailer independently determines the price of the alcoholic liquor, wine and beer. c. An industry member may build product displays either at the time of delivery or at other times. d. An industry member may provide a retailer with a recommended shelf plan or shelf schematic for alcoholic liquor, wine, and beer. 16.14(2) Prohibited activities. a. An industry member may not reset or rearrange another industry member’s products without the explicit consent of the retailer.This does not include accidental movement of another industry member’s product while performing the activities allowed in paragraph 16.14(1)“a.” b. An industry member may not rearrange or reset all or part of a store or liquor department. c. An industry member is prohibited from removing another industry member’s point-of-sale advertising matter. This rule is intended to implement Iowa Code section 123.186.

ITEM 16. Rescind rule 185—16.15(123) and adopt the following new rule in lieu thereof:

185—16.15(123) Sponsorships and special events. 16.15(1) An industry member may contribute to charitable, civic, religious, fraternal, educational and community entities. 16.15(2) If such entity is conducting a special event as a retailer or in conjunction with a retailer, an industry member’s contribution shall not induce the retailer, directly or indirectly, to purchase any products from the industry member to the exclusion, in whole or in part, of products sold or offered for sale by other industry members at the special event. 16.15(3) An industry member shall keep and maintain records in accordance with rule 185—16.18(123). This rule is intended to implement Iowa Code sections 123.45 and 123.186.

ITEM 17. Amend rule 185—16.16(123) as follows:

185—16.16(123) Participation ineducational seminars and retail association activities. 16.16(1) Educational seminars. An industry member may providegive or sponsor educational seminars foremployees of retailerseither at the industry member’s premises or at the retail establishment regarding such topics as merchandising and product knowledge,use of a retailer’s equipment, training seminars for employees of retailers, and tours of alcoholic beverages manufacturing facilities; however, an industry member is prohibited from paying a retailer’s expenses or compensating a retailer for attending such seminars and tours. 16.(1) 16.16(2) Retail association activities. An industry member may participate in retail association activities in the following manner: a. Display its products at a trade show or convention. b. Rent display booth space provided that the rental fee is not excessive and is the same paid by all exhibitors. c. Provide hospitality for the persons attending the trade show or convention. The hospitality provided by the industry member shall be independent from association-sponsored activities. d. Purchase tickets, attend functions, and pay registration fees, provided that such payments are not excessive and are the same paid by all exhibitors. e. Pay for advertising in programs or brochures issued by retail associations at a convention or trade show, provided that the total payments made by an industry member do not exceed $155$300 per calendar year to any one retail association. 16.16(2) Reserved. This rule is intended to implement Iowa Code section 123.186.

ITEM 18. Amend rule 185—16.18(123) as follows:

185—16.18(123) Record keeping. 16.18(1) Industry members are required to keep and maintain accurate records for a three-year period regarding each of the items which may be provided to retailers inthe following rules: a. 185—16.2(123) (product displays),. b. 185—16.3(123) (retailer advertising utensils, consumer souvenirsadvertising specialties,retailer wearing apparel),. c. 185—16.5(123) (glassware),. d. 185—16.7(123) (tastings, samplings, and trade spendingtasting),. e. 185—16.8(123) (sampling). f. 185—16.9(123) (trade spending). g. 185—16.15(123) (sponsorships and special events), and. h. 185—16.16(123) (participation ineducational seminars and retail association activities). Commercial records or invoices may be used to satisfy this record-keeping requirement if all the required information appears on the record or invoice. These records 16.18(2) Recordsshall state the following: a. theThe name and address of the retailer receiving the item,. b. theThe datethe item was furnished, sold, given, loaned, leased, or rented,. c. theThe item furnished,. d. theThe industry member’s laid-in cost of the item furnished,. e. andThe charges to the retailer for the item. 16.18(3) Commercial records or invoices may be used to satisfy the requirements of this rule provided all of the required information appears on the record or invoice. 16.18(4) Such recordsRecords shall be open to representatives of the division during normal business hours of the industry member, and may be subject to administrative subpoena issued by the division administrator. This rule is intended to implement Iowa Code sectionsections 123.33 and 123.186.

ITEM 19. Amend rule 185—16.40(123) as follows:

185—16.40(123) Equipment, furnishings, fixtures. 16.40(1) An industry member is prohibited fromdirectly or indirectly giving, selling, renting, or lending equipment, furnishings or fixtures to a retailer for use by the retailer or in the retail establishment. 16.40(1) An industry member is prohibited from obtaining equipment, furnishings, or fixtures for a retailer from a third party at a special price. 16.40(2) Reserved.A prohibited indirect inducement includes, but is not limited to, obtaining equipment, furnishings, or fixtures for a retailer through a third-party arrangement where the resulting benefits flow to an individual retailer. This rule is intended to implement Iowa Code sections 123.45 and 123.186.

ITEM 20. Amend rule 185—16.42(123) as follows:

185—16.42(123) Free warehousing prohibited. An industry member is prohibited, directly or indirectly, from providing free warehousing of products for a retailerby delaying delivery of alcoholic liquor, wine, or beer beyond the time that payment for the product is received or, if a retailer is purchasing on credit, delaying final delivery of products beyond the close of the period of time for which credit is lawfully extended. This rule is intended to implement Iowa Code sectionsections 123.45 and 123.186.

ITEM 21. Amend rule 185—16.43(123) as follows:

185—16.43(123) Extension of credit and prepaid accounts. 16.43(1) Extension of credit. An industry member is prohibited from extending credit on the sale of alcoholic liquor,or beer, wine coolers, or spirit coolers to a retailer. An industry member may extend credit to a retailer on the sale of wine for not more than 30 days from the date of the sale. An industry member engaged in the manufacturing or wholesaling of beer is prohibited from extending credit to a retailer on the sale of disposable or commemorative glassware. An industry member engaged in the manufacturing or wholesaling of wine may extend not more than 30 days’ credit to a retailer on the sale of durable or disposable glassware. 16.(1) 16.43(2) Prepaid accounts. a. An industry member may establish prepaid accounts in which retailers deposit a sum of money in the hands of the industry member to pay for future purchases of alcoholic beverages products, although a retailer is not required to purchase any quota of alcoholic liquor, wine or beer. b. TheAn industry member may not hold the money so deposited as “security”in a prepaid account for future payment of a debt. c. TheAn industry member mustshall transfer the amount of the invoice from the retailer’s prepaid account each time that the industry member makes a sale and a delivery to the retail establishment. d. An industry member is not required to establish separate escrow accounts for prepaid accounts;. e. however, theAn industry member is responsible for accurately and honestly accounting for the funds so heldin a prepaid account. f. A retailer may withdraw the money placed in a prepaid account at any time. g. An industry member is prohibited from utilizing prepaid accounts to require a retailer to take and dispose ofpurchase any quota of alcoholic liquor, wine, or beer. 16.43(2) Reserved. This rule is intended to implement Iowa Code sections 123.45 and 123.181(2).

ITEM 22. Amend rule 185—16.44(123) as follows:

185—16.44(123) Quota sales, tie-in sales. An industry member is prohibited from requiring a retailer to purchase and sell any quota of alcoholic liquor, wine or beer. An industry member is prohibited from requiring a retailer to purchase one product in order to purchase another. This prohibition includes combination sales if one or more products may be purchased only in combination with other products and not individually. However, an industry member is not prohibited from selling at a special combination price, two or more kinds or brands of products to a retailer, provided that the retailer has the option of purchasing either product at the usual price, and the retailer is not required to purchase any product not wanted by the retailer. This rule is intended to implement Iowa Code sectionsections 123.45 and 123.186.

ITEM 23. Adopt the following new rule 185—16.45(123):

185—16.45(123) Tie-in sales. An industry member is prohibited from requiring a retailer to purchase one product in order to purchase another. This prohibition includes combination sales if one or more products may be purchased only in combination with other products and not individually. However, an industry member is not prohibited from selling at a special combination price, two or more kinds or brands of products to a retailer, provided that the retailer has the option of purchasing either product at the usual price, and the retailer is not required to purchase any product not wanted by the retailer. This rule is intended to implement Iowa Code sections 123.45 and 123.186.

ITEM 24. Amend rule 185—16.60(123) as follows:

185—16.60(123) Implied or express contracts prohibitedContracts to purchase alcoholic liquor, wine, or beer. An industry member and a retailer are prohibited from entering into implied or express contracts for the future sale and purchase of alcoholic beverages. 16.60(1) Implied or express contracts prohibited. Any contract or agreement, written or unwritten, which has the effect of requiring the retailer to purchase alcoholic liquor, wine, or beer from the industry member beyond a single sales transaction is prohibited. Examples of such contracts are: a. An advertising contract between an industry member and a retailer with the express or implied requirement of the purchase of the advertiser’s products. b. A sales contract awarded on a competitive bid basis which has the effect of prohibiting the retailer from purchasing from other industry members by requiring that, for the period of the agreement, the retailer purchase a product or line of products exclusively from the industry member or requiring that the retailer purchase a specific or minimum quantity during the period of the agreement. 16.60(2) Third-party arrangements. Industry member requirements, by agreement or otherwise, with nonretailers which result in a retailer’s being required to purchase the industry member’s products are prohibited, regardless of whether the agreement or other arrangement originates with the industry member or the third party. The business arrangements entered into by an industry member and a third party may consist of such things as sponsoring radio or television broadcasting, paying for advertising, or providing other services or things of value. This rule is intended to implement Iowa Code sectionsections 123.45 and 123.186.

ITEM 25. Amend rule 185—16.75(123) as follows:

185—16.75(123) Commercial bribery. An industry member is prohibited from offering or giving, directly or indirectly or through an affiliate, a retailer free trips, bonuses or prizes based on sales of the industry member’s alcoholic beverages productsbonus, premium, compensation, or other thing of value to any officer, employee, or representative of the trade buyer to induce a trade buyer to purchase or promote the industry member’s products to the exclusion of a competitor’s products.This prohibition includes sales contests sponsored by an industry member which offer prizes directly or indirectly to trade buyer officers, employees or representatives. This rule is intended to implement Iowa Code section 123.186.

ITEM 26. Amend 185—Chapter 16, Part V preamble, as follows:The rulerules in this part specifiesspecify industry member practices that are a means to induce a trade buyer and that aremay be prohibitedif certain conditions are found. The rule appliesrules apply to transactions between industry members and employees, officers, or representatives of trade buyers.

ITEM 27. Adopt the following new rule 185—16.76(123):

185—16.76(123) Gifts or payments to wholesalers. An industry member may offer or give money or other things of value to a wholesale entity (i.e., the corporation, partnership, or individual who owns the business). However, the industry member shall be in violation of rule 185—16.75(123) if any of the following conditions are found: 16.76(1) There is an agreement or understanding, implied or explicit, that the money or thing of value will be passed on to the officers, employees, or representatives of the wholesaler. 16.76(2) It is obvious by the very nature of the item given (such as a free trip) that a pass-through to the officers, employees, or representatives of the wholesaler is clearly contemplated. 16.76(3) The records of the recipient wholesaler do not accurately reflect such money or item as an asset of the wholesale entity, thus being subject to all ensuing tax consequences as distinguished from the receipt of the money or item as a personal asset of an officer, employee, or representative of the wholesaler. This rule is intended to implement Iowa Code section 123.186.

ITEM 28. Amend 185—Chapter 16, Part VI preamble, as follows:The rulerules in this part specifies that consignmentspecify sales arrangementsthat are prohibited. The rule appliesrules apply to transactions between industry members and trade buyers.

ITEM 29. Amend rule 185—16.90(123) as follows:

185—16.90(123) Consignment sales. An industry member is prohibited from selling alcoholic liquor, wine, or beer to a retailer on consignment. Consignment means a sale under which the retailer is not obligated to pay for the alcoholic liquor, wine, or beer, until the product is sold by the retailer. An industry member may accept the return of alcoholic liquor, wine and beer for ordinary and usual commercial reasons, but it is not obligated to do so. Ordinary and usual commercial reasons for the return of alcoholic liquor, wine and beer include the following: defective products, error in products delivered and discovered by the retailer and reported to the industry member within seven days of the date of delivery, products which may no longer be lawfully sold, termination of retailer’s business, termination of franchise, change in formula, proof, label or container of the product, discontinued product. An industry member is prohibited from accepting the return of overstocked or slow moving or seasonal products. An industry member may repack alcoholic liquor, wine and beer for the purpose of assisting the retailer to sell slow moving or overstocked products. This rule is intended to implement Iowa Code section 123.186.

ITEM 30. Adopt the following new rule 185—16.91(123):

185—16.91(123) Return of alcoholic liquor, wine, and beer. An industry member may accept the return of alcoholic liquor, wine, and beer for ordinary and usual commercial reasons but is not obligated to do so. 16.91(1) Ordinary and usual commercial reasons for exchanges and returns. a. Defective products. (1) Products which are unmarketable because of product deterioration, leaking containers, damaged labels, or missing or mutilated tamper evident closures may be exchanged for an equal quantity of identical products or may be returned for cash or credit against outstanding indebtedness. (2) Freshness dating. An industry member may accept a return of beer for cash or credit against outstanding indebtedness or exchange the beer for freshness reasons provided all of the following conditions are met: 1. The manufacturer of the beer has policies and procedures in place that specify the date the retailer must pull the product. 2. The industry member’s freshness return/exchange policies and procedures are readily verifiable and consistently followed by the industry member. 3. The beer container has identifying markings that correspond with the pull date. 4. The beer product pulled by the trade buyer may not reenter the retail marketplace. b. Error in products delivered.Any discrepancy between products ordered and products delivered may be corrected, within a reasonable period after delivery, by exchange of the products delivered for those which were ordered, or by a return for cash or credit against outstanding indebtedness. c. Products which may no longer be lawfully sold.Products which may no longer be lawfully sold may be returned for cash or credit against outstanding indebtedness. This would include situations where, due to a change in regulation or administrative procedure over which the trade buyer or an affiliate of the trade buyer has no control, a particular size or brand is no longer permitted to be sold. d. Termination of business.Products on hand at the time a trade buyer terminates operations via cancellation of the trade buyer’s license or permit may be returned for cash or credit against outstanding indebtedness. This does not include the temporary seasonal shutdown of a trade buyer holding a 12-month license or permit. e. Termination of franchise.When an industry member has sold products for cash or credit to one of its wholesalers and the distributorship arrangement is subsequently terminated, stocks of the product on hand may be returned for cash or credit against outstanding indebtedness. f. Change in product.Except as provided in paragraph 16.91(2)“b,” a trade buyer’s inventory of a product which has been changed in formula, proof, label, or container may be exchanged for equal quantities of the new version of that product. g. Discontinued products.When a producer or importer discontinues the production or importation of a product, a trade buyer’s inventory of that product may be returned for cash or credit against outstanding indebtedness. h. Seasonal dealers.Industry members may accept the return of products from retailers holding an eight-month seasonal license or permit upon cancellation of the license or permit. These returns shall be for cash or for credit against outstanding indebtedness. 16.91(2) Reasons not considered ordinary and usual. The following are not considered ordinary and usual commercial reasons for exchanges and returns. Exchanges and returns for these reasons are prohibited. a. Overstocked or slow-moving products. b. Products for which there is only a limited or seasonal demand. This rule is intended to implement Iowa Code section 123.186.

ITEM 31. Amend 185—Chapter 16, Part VII preamble, as follows:The rulesrule in this part govern the penalties forgoverns violations of rules within this chapter.

ITEM 32. Rescind rule 185—16.105(123).

ITEM 33. Renumber rule 185—16.106(123) as 185—16.105(123).ARC 6666CDental Board[650]Notice of Intended Action

Proposing rule making related to licensing regulation, fees, veterans and military spouses and providing an opportunity for public comment

The Dental Board hereby proposes to amend Chapter 11, “Licensure to Practice Dentistry or Dental Hygiene,” and Chapter 52, “Military Service and Veteran Reciprocity,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 147.76 and 2022 Iowa Acts, Senate File 2383.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, Senate File 2383.Purpose and Summary The proposed amendments implement the licensure-related provisions of 2022 Iowa Acts, Senate File 2383. The proposed rule making revises the requirements for licensure by verification and updates the requirements and parameters of licensure for veterans and their spouses. The amendment in Item 2 reflects the renumbering of rule 650—11.12(272C) as 650—11.14(272C) in ARC 6673C, IAB 11/16/22.Fiscal Impact This rule making will have limited fiscal impact. The provisions of the rule making would waive the initial application and renewal fees for veterans who were honorably or generally discharged within the previous five years; however, the overall number of applications that meet these criteria is low.Jobs Impact After analysis and review of this rule making, there may be a positive impact on jobs since it would streamline and remove some of the requirements related to licensure by verification. Additionally, it would clearly provide an alternative pathway to licensure of spouses of veterans when moving to Iowa.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to rule 650—7.4(17A,147,153).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 December 6, 2022. Comments should be directed to: Christel Braness Iowa Dental Board 400 S.W. Eighth Street, Suite D Des Moines, Iowa 50309 Phone: 515.242.6369 Fax: 515.281.7969 Email: christel.braness@iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend rule 650—11.9(272C) as follows:

650—11.9(272C) Registration by verification. Registration by verification is available in accordance with the following: 11.9(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. 11.9(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. d. Evidence of successful completion of a board-approved jurisprudence examination with a grade of at least 75 percent. f. e. Copies of complete criminal record, if the applicant has a criminal history. g. f. A copy of the relevant disciplinary documents, if another jurisdiction has taken disciplinary action against the applicant. h. g. A written statement from the applicant detailing the scope of practice in the other state. i. h. Copies of relevant laws setting forth the scope of practice in the other state. 11.9(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. 11.9(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. 11.9(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. This rule is intended to implement Iowa Code section 272C.12.

ITEM 2. Amend rule 650—11.14(272C) as follows:

650—11.14(272C) Licensure by verification. Licensure by verification is available in accordance with the following: 11.14(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. 11.14(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. e. Evidence of successful completion of a board-approved jurisprudence examination with a grade of at least 75 percent. g. f. Copies of complete criminal record, if the applicant has a criminal history. h. g. A copy of the relevant disciplinary documents, if another jurisdiction has taken disciplinary action against the applicant. i. h. A written statement from the applicant detailing the scope of practice in the other state. j. i. Copies of relevant laws setting forth the scope of practice in the other state. 11.14(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. 11.14(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. 11.14(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. This rule is intended to implement Iowa Code section 272C.12.

ITEM 3. Adopt the following new definition of “Spouse” in rule 650—52.1(272C): "Spouse" means a spouse of an active duty member of the military forces of the United States.

ITEM 4. Amend rule 650—52.3(272C) as follows:

650—52.3(272C) Veteranand spouse reciprocity. 52.3(1) A veteranor spouse with an unrestricted professional license in another jurisdiction may apply for licensure in Iowa through reciprocity. A veteranor spouse must pass any examinations required for licensure to be eligible for licensure through reciprocity. A fully completed application for licensure submitted by a veteranor 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 of an active duty member of the military forces of the United States. 52.3(3) Upon receipt of a fully completed licensure application, the board shall promptly determine if the professional or occupational licensing requirements ofscope of practice in the jurisdiction where the veteranapplicant is licensed areis substantially equivalent to the licensing requirementsscope of practice 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 if the veteranapplicant if the applicant is licensed in the same or similar profession in another jurisdiction whose licensure requirements arescope of practice is substantially equivalent to those requiredthe scope of practice 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 requirementsscope of practice in the jurisdiction in which the veteranapplicant is licensed areis not substantially equivalent to those requiredthe scope of practice in Iowa, the board shall promptly inform the veteranapplicant of the additional experience, education, or examinationstraining 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 veteranan applicant has not passed the required examination(s) for licensure, the veteranapplicant may not be issued a provisionaltemporary 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 veteranapplicant with the opportunity to satisfy the examination requirements. b. If additional experience or educationor training is required in order for the applicant’s qualifications to be considered substantially equivalent, the applicant may request that the board issue a provisionaltemporary license for a specified period of time during which the applicant will successfully complete the necessary experience or educationor training. The board shall issue a provisionaltemporary 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 provisionaltemporary license is granted. c. If a request for a provisionaltemporary 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 provisionaltemporary license. d. If a provisionaltemporary license is issued, the application for full licensure shall be placed in pending status until the necessary experience or educationor training has been successfully completed or the provisionaltemporary license expires, whichever occurs first. The board may extend a provisionaltemporary license on a case-by-case basis for good cause. 52.3(6) A veteranAn applicant who is aggrieved by the board’s decision to deny an application for a reciprocal license or a provisionaltemporary license or is aggrieved by the terms under which a provisionaltemporary 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 veteranapplicant in connection with a contested case conducted pursuant to this subrule.ARC 6677CEducational Examiners Board[282]Notice of Intended Action

Proposing rule making related to licensure reciprocity and providing an opportunity for public comment

The Educational Examiners Board hereby proposes to amend Chapter 13, “Issuance of Teacher Licenses and Endorsements,” Chapter 18, “Issuance of Administrator Licenses and Endorsements,” Chapter 22, “Authorizations,” and Chapter 27, “Issuance of Professional Service Licenses,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 272.2 and 2022 Iowa Acts, Senate File 2383.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, Senate File 2383.Purpose and Summary 2022 Iowa Acts, Senate File 2383, provides updated language for reciprocity laws. This proposed rule making implements those updates.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact This rule making will have a positive impact on jobs because it will allow others to easily come to work in Iowa.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to:Kimberly Cunningham Board of Educational Examiners 701 East Court Avenue, Suite A Des Moines, Iowa 50319-0147 Fax: 515.281.7669 Email: kim.cunningham@iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows:December 6, 2022 1 to 2 p.m.Board Room 701 East Court Avenue, Suite A Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend subrule 13.1(1) as follows: 13.1(1) Definitions. "Coursework" means requirements completed for semester hour credit through a college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education. "Degree" means a specific qualification earned by a college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education. "Nontraditional" means any method of teacher preparation that falls outside the traditional method of preparing teachers. "Proficiency," for the purposes of paragraph 13.5(2)“e,” means that an applicant has passed all parts of the standard. "Recognized non-Iowa teacher preparation institution" means an institution that is state-approved and accredited by an institutional accrediting agency as recognized by the U.S. Department of Education. "State-approved" means a program for teacher preparation approved for state licensure. "Traditional" means a one- or two-year sequenced teacher preparation program of instruction taught at a state-approved college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education that includes commonly recognized pedagogy classes coursework and requires a student teaching component.

ITEM 2. Amend subrule 13.5(2) as follows: 13.5(2) Applicants from non-Iowa institutions. a. Original application. Applicants under this subrule have completed a teacher preparation program outside the state of Iowa and are applying for their first Iowa teaching license.An applicant from a non-Iowa institution: (1) Shall submit a copy of a valid or expired regular teaching certificate or license exclusive of a temporary, emergency or substitute license or certificate. Endorsements shall be granted based on comparable Iowa endorsements, and endorsement requirements may be waived in order to grant the most comparable endorsement. (2) Shall provide verification of successfully passing the mandated assessment(s) in the state in which the applicant is currently licensed, if applicable. (3) Shall not be subject to any pending disciplinary proceedings in any state or country. (4) Shall comply with all requirements with regard to application processes and payment of licensure fees. b. In addition to the requirements set forth in subrule 13.5(1), an applicant from a non-Iowa institution: (1) Shall submit a copy of a valid or expired regular teaching certificate or license exclusive of a temporary, emergency or substitute license or certificate. (2) Shall provide verification of one of the following: 1. Successfully passing the Iowa-mandated assessment(s) by meeting the minimum score set by the Iowa department of education if the teacher preparation program was completed on or after January 1, 2013; or 2. Successfully passing the mandated assessment(s) in the state in which the applicant is currently licensed; or 3. Three years of teaching experience while holding a valid teaching license. (3) Shall provide an official institutional transcript(s) to be analyzed for the requirements necessary for Iowa licensure. An applicant must have completed at least 75 percent of the coursework as outlined in 281—subrules 79.15(2) to 79.15(5) and an endorsement requirement through a two- or four-year institution in order for the endorsement to be included on the license. An applicant who has not completed at least 75 percent of the coursework for at least one of the basic Iowa teaching endorsements completed will not be issued a license. An applicant seeking a board of educational examiners transcript review must have achieved a C- grade or higher in the courses that will be considered for licensure. An applicant who has met the minimum coursework requirements in this subrule will not be subject to additional coursework deficiency requirements if the applicant provides verification of ten years of successful teaching experience or if the applicant provides verification of five years of successful experience and a master’s degree. (4) Shall demonstrate recency of experience by providing verification of either one year of teaching experience or six semester hours of college credit during the five-year period immediately preceding the date of application. (5) Shall not be subject to any pending disciplinary proceedings in any state or country. (6) Shall comply with all requirements with regard to application processes and payment of licensure fees. c. If through a transcript analysis, the teacher preparation coursework as outlined in 281—subrules 79.15(2) to 79.15(5) or one of the basic teaching endorsement requirements for Iowa is not met, the applicant may be eligible for the equivalent Iowa endorsement areas, as designated by the Iowa board of educational examiners, based on current and valid National Board Certification. d. If the teacher preparation program was considered nontraditional, candidates will be asked to verify the following: (1) That the program was for secondary education; (2) A baccalaureate degree with a cumulative grade point average of 2.50 on a 4.0 scale; and (3) The completion of a student teaching or internship experience or three years of teaching experience. e. If the teacher preparation coursework as outlined in 281—subrules 79.15(2) to 79.15(5) cannot be reviewed through a traditional transcript evaluation, a portfolio review and evaluation process may be utilized. (1) An applicant must demonstrate proficiency in a minimum of at least 75 percent of the teacher preparation coursework as outlined in 281—subrules 79.15(2) to 79.15(5). (2) An applicant must meet with the board of educational examiners to answer any of the board’s questions concerning the portfolio. f. An applicant under this subrule or subrule 13.5(3) shall be granted an Iowa teaching license and will not be subject to additional assessments or coursework deficiencies if the following additional requirements have been met: (1) Verification of Iowa residency, or, for military spouses, verification of a permanent change of military installation. (2) Valid or expired regular teaching certificate or license in good standing from another state without pending disciplinary action, valid for a minimum of one year, exclusive of a temporary, emergency or substitute license or certificate. Endorsements shall be granted based on comparable Iowa endorsements, and endorsement requirements may be waived in order to grant the most comparable endorsement. (3) Passing test scores for the required assessments for the state where the teaching license was issued. g. b. Holders of an Iowa regional exchange license issued prior to January 1, 2021June 16, 2022, may submit a new application if the requirements in this subrule would have been met at the time of their initial application.

ITEM 3. Rescind subrules 13.6(1) to 13.6(3).

ITEM 4. Amend subrule 13.17(1) as follows: 13.17(1) Teacher exchange license. a. For an applicant applying undersubrule 13.5(2), a two-year nonrenewable exchange license may be issued to the applicant under any of the following conditions: (1) The applicant has met the minimum coursework requirements for licensure but has some coursework deficiencies.An applicant must have completed a minimum of a bachelor’s degree and at least 75 percent of the coursework as outlined in 281—subrules 79.15(2) to 79.15(5) and an endorsement requirement. Any coursework deficiencies must be completed for college credit, with the exception of human relations which may be taken for licensure renewal credit through an approved provider. (2) The applicant submits verification that the applicant has applied for and will receive the applicant’s first teaching license and is waiting for the processing or printing of a valid and current out-of-state license. The lack of a valid and current out-of-state license will be listed as a deficiency. (3) The applicant has not met the requirement for recency set forth in 13.5(2)“b”(4). b. After the term of the exchange license has expiredAt any time during the term of the exchange license, the applicant may apply to be fully licensed if the applicant has completed all requirements and is eligible for full licensure.

ITEM 5. Amend rule 282—18.6(272) as follows:

282—18.6(272) Specific requirements for an administrator prepared out of state. An applicant seeking Iowa licensure who completes an administrator preparation program from a recognized non-Iowa institution shall verify the requirements of rules 282—18.1(272) and 282—18.4(272) through a transcript review. Applicants must hold and submit a copy of a valid or expired regular administrator certificate or license in another state, exclusive of a temporary, emergency or substitute license or certificate. 18.6(1) Administrator exchange license. A one-year nonrenewable administrator exchange license may be issued to an individual who: a. Has met a minimum of 75 percent of the coursework requirements for administrative licensure but has some coursework deficiencies. b. Is eligible for and has applied for a regular valid and current out-of-state administrator license and is waiting for the processing of the license. c. Has not completed the approved evaluator training requirement. d. Has less than five years of verified experience as a school administrator while holding a valid administrator license. 18.6(2) Conversion. Each applicant who receives the one-year administrator exchange license must complete any identified coursework deficiencies in order to be eligible for an initial administrator license or a professional administrator license in Iowa. Any coursework deficiencies must be completed for college credit, with the exception of the human relations component which may be taken for licensure renewal credit through an approved provider. 18.6(3) License without deficiencies. An applicant under this rule shall be granted an Iowa administrator license and will not be subject to coursework deficiencies if the following additional requirements have been met: a. Verification of Iowa residency, or, for military spouses, verification of a permanent change of military installation.b. Validapplicant provides a valid or expired administrator certificate or license in good standing without pending disciplinary action from another state, valid for a minimum of one year, exclusive of a temporary, emergency or substitute license or certificate. Endorsements shall be granted based on comparable Iowa endorsements, and endorsement requirements may be waived in order to grant the most comparable endorsement. Holders of an Iowa administrator exchange license issued prior to January 1, 2021June 16, 2022, may submit a new application if the requirements in this rule would have been met at the time of their initial application.

ITEM 6. Rescind paragraph 22.1(2)"d".

ITEM 7. Amend subrule 22.2(1) as follows: 22.2(1) Application process. Any person interested in the substitute authorization shall submit records of credit to the board of educational examiners for an evaluation in terms of the required courses or contact hours. Application materials are available from the office of the board of educational examiners, online at www.boee.iowa.gov or from institutions or agencies offering approved courses or contact hours. Degrees and semester hour credits shall be completed through a college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education. a. Requirements.Applicants for the substitute authorization shall meet the following requirements: (1) Authorization program. Applicants must complete a board of educational examiners-approved substitute authorization program consisting of the following components and totaling a minimum of 15 clock hours:

Classroom management. This component includes an understanding of individual and group motivation and behavior to create a learning environment that encourages positive social interaction, active engagement in learning, and self-motivation.
Strategies for learning. This component includes understanding and using a variety of learning strategies to encourage students’ development of critical thinking, problem solving, and performance skills.
Diversity. This component includes understanding how students differ in their approaches to learning and creating learning opportunities that are equitable and are adaptable to diverse learners.
Ethics. This component includes fostering relationships with parents, school colleagues, and organizations in the larger community to support students’ learning and development and to be aware of the board’s rules of professional practice and competent performance.

(2) Degree or certificate. Applicants must have achieved a minimum of an associate’s degree or 60 semester hours of college coursework. (3) Minimum age. Applicants must have attained a minimum age of 21 years. (4) Background check. Applicants must complete the background check requirements set forth in rule 282—13.1(272). b. Additional requirements.An applicant under this subrule shall be granted a substitute authorization and will not be subject to the authorization program coursework if the following additional requirements have been met: (1) Verification of Iowa residency or, for military spouses, verification of a permanent change of military installation. (2) Valid or expired substitute authorization in good standing from another state without pending disciplinary action, valid for a minimum of one year, exclusive of a temporary, emergency license or certificate. c. b. Validity.The substitute authorization shall be valid for five years. d. c. Renewal.The authorization may be renewed upon application and verification of successful completion of: (1) Renewal units. Applicants for renewal of the substitute authorization must provide verification of a minimum of two licensure renewal units or semester hours of renewal credits. (2) Child and dependent adult abuse trainings. Every renewal applicant must submit documentation of completion of the child and dependent adult abuse trainings pursuant to 282—subrule 20.3(4).

ITEM 8. Amend rule 282—22.4(272) as follows:

282—22.4(272) Licenses—issue dates, corrections, duplicates, and fraud, and reciprocity. 22.4(1) Issue date on original authorization. An authorization is valid only from and after the date of issuance. 22.4(2) Correcting authorization. If an applicant notifies board staff of a typographical or clerical error on the authorization within 30 days of the date of the board’s mailing of an authorization, a corrected authorization shall be issued without charge to the applicant. If notification of a typographical or clerical error is made more than 30 days after the date of the board’s mailing of an authorization, a corrected authorization shall be issued upon receipt of the fee for issuance of a duplicate authorization. For purposes of this rule, typographical or clerical errors include misspellings, errors in the expiration date of an authorization, or errors in the type of authorization issued. 22.4(3) Duplicate authorization. Upon application and payment of the fee set out in 282—Chapter 12, a duplicate authorization shall be issued. 22.4(4) Fraud in procurement or renewal of authorization. Fraud in procurement or renewal of an authorization or falsifying records for authorization purposes will constitute grounds for filing a complaint with the board of educational examiners. 22.4(5) Reciprocity. Applicants who hold a license, certificate, or authorization under this chapter from at least one other issuing jurisdiction in another state will not be subject to additional coursework if the following requirements have been met: a. The applicant holds a valid or expired equivalent license in good standing from another state without pending disciplinary action, exclusive of a temporary or emergency certificate. b. The applicant provides verification of passing the mandated assessment(s) in the state in which the applicant is currently licensed, if applicable.

ITEM 9. Amend rule 282—27.2(272) as follows:

282—27.2(272) Requirements for a professional service license. 27.2(1) Initial professional service license. An initial professional service license valid for a minimum of two years with an expiration date of June 30 may be issued to an applicant for licensure to serve as a school audiologist, school psychologist, school social worker, speech-language pathologist, supervisor of special education (support), director of special education of an area education agency, or school counselor who: a. Has a master’s degree in a recognized professional educational service area. b. Has completed a state-approved program which meets the requirements for an endorsement in a professional educational service area. c. Has completed the requirements for one of the professional educational service area endorsements. d. Meets the recency requirement of 282—subparagraph 13.5(2)“b”(4). e. d. Completes the background check requirements set forth in rule 282—13.1(272). 27.2(2) Standard professional service license. A standard professional service license valid for five years may be issued to an applicant who: a. Completes requirements listed under 27.2(1)“a” to “d.”paragraphs 27.2(1)“a” to “c.” b. Shows evidence of successful completion of a state-approved mentoring and induction program by meeting the Iowa standards as determined by a comprehensive evaluation and two years’ successful service experience in an Iowa public school. In lieu of completion of an Iowa state-approved mentoring and induction program, the applicant must provide evidence of three years’ successful service area experience in an Iowa nonpublic school or three years’ successful service area experience in an out-of-state K-12 educational setting. c. Meets the recency requirement of 282—subparagraph 13.5(2)“b”(4). 27.2(3) Renewal. Renewal requirements for this license are set out in 282—Chapter 20. 27.2(4) Professional service exchange license. a. For an applicant applyingwith out-of-state preparation under rule 282—27.1(272), a two-year nonrenewable exchange license may be issued to the applicant if the applicant has met at least 75 percent of the minimum coursework requirements for licensure but has some coursework deficiencies. At any time during the term of the exchange license, the applicant may apply to be fully licensed if the applicant has completed all requirements and is eligible for full licensure.b. An applicant under this sectionsubrule shall be granted an Iowa professional service license and will not be subject to coursework deficiencies if the following additional requirements have been met:applicant provides a(1) Verification of Iowa residency, or, for military spouses, verification of a permanent change of military installation.(2) Validvalid or expired equivalent license in good standing from another state without pending disciplinary action, valid for a minimum of one year, exclusive of a temporary, emergency or substitute license or certificate. Endorsements shall be granted based on comparable Iowa endorsements, and endorsement requirements may be waived in order to grant the most comparable endorsement. 27.2(5) Class G license. A nonrenewable Class G license valid for one year may be issued to an individual who must complete a school counseling practicum or internship in an approved program in preparation for the professional school counselor endorsement. The Class G license may be issued under the following limited conditions: a. Verification of a baccalaureate degree. b. Verification from the institution that the individual is admitted and enrolled in a school counseling program. c. Verification that the individual has completed the coursework and competencies required prior to the practicum or internship. d. Written documentation of the requirements listed in paragraphs 27.2(5)“a” to “c,” provided by the official at the institution where the individual is completing the approved school counseling program and forwarded to the Iowa board of educational examiners with the application form for licensure.ARC 6680CEducational Examiners Board[282]Notice of Intended Action

Proposing rule making related to requirements for licenses and authorizations and providing an opportunity for public comment

The Educational Examiners Board hereby proposes to amend Chapter 13, “Issuance of Teacher Licenses and Endorsements,” Chapter 22, “Authorizations,” and Chapter 27, “Issuance of Professional Service Licenses,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 272.2.Purpose and Summary This proposed rule making would allow out-of-country applicants to be exempt from Praxis testing if they hold a license in another country or a degree in education, would allow candidates with a master’s degree or higher to obtain a content specialist authorization, and would change the requirements for a Class G license to 75 percent of coursework completion. 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 282—Chapter 6. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Kimberly Cunningham Board of Educational Examiners 701 East Court Avenue, Suite A Des Moines, Iowa 50319-0147 Fax: 515.281.7669 Email: kim.cunningham@iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 6, 2022 1 to 2 p.m. Board Room 701 East Court Avenue, Suite A Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend subrule 13.5(3) as follows: 13.5(3) Applicants from foreign institutions. An applicant for initial licensure whose preparation was completed in a foreign institution must additionally obtain a course-by-course credential evaluation report completed by one of the board-approved credential evaluation services and then file this report with the Iowa board of educational examiners for a determination of eligibility for licensure. After receiving the notification of eligibility by the Iowa board of educational examiners, the applicant must provide verification of successfully passing the Iowa-mandated assessment(s) by meeting the minimum score set by the Iowa department of education.If the applicant submits a teaching credential from another country or a credential evaluation report that verifies the completion of a full teacher preparation program from an accredited institution, the testing requirement may be waived.

ITEM 2. Adopt the following new rule 282—22.15(272):

282—22.15(272) Content specialist authorization. 22.15(1) Authorization. This authorization is provided to applicants who have not completed a teacher preparation program but who hold a master’s degree or higher in an endorsement area. 22.15(2) Application process. Any person interested in the content specialist authorization shall submit an application to the board of educational examiners for an evaluation. Application materials are available from the office of the board of educational examiners online at www.boee.iowa.gov. Degrees and semester hour credits shall be completed through a college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education. 22.15(3) Specific requirements for the initial content specialist authorization. a. The applicant must have completed a master’s degree or higher in an endorsement area through a college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education. b. Background check. The applicant must complete the background check requirements set forth in rule 282—13.1(272). c. The applicant must obtain a recommendation from a school district administrator verifying that the school district wishes to hire the applicant. Before the applicant is hired, the school district administrator must verify that a diligent search was completed to hire a fully licensed teacher for the position. d. During the term of the authorization, the applicant must complete board-approved training in the following: (1) Methods and techniques of teaching. Develop skills to use a variety of learning strategies that encourage students’ development of critical thinking, problem solving, and performance skills. The methods course must include specific methods and techniques of teaching a foreign language and must be appropriate for the level of endorsement. (2) Curriculum development. Develop an understanding of how students differ in their approaches to learning and create learning opportunities that are equitable and adaptable to diverse learners. (3) Measurement and evaluation of programs and students. Develop skills to use a variety of authentic assessments to measure student progress. (4) Classroom management. Develop an understanding of individual and group motivation and behavior which creates a learning environment that encourages positive social interactions, active engagement in learning, and self-motivation. (5) Code of ethics. Develop an understanding of how to foster relationships with parents, school colleagues, and organizations in the larger community to support students’ learning and development and become aware of the board’s rules of professional practice and code of ethics. (6) Human relations. Develop an understanding of diverse groups found in a pluralistic society, including students from diverse ethnic, racial, and socioeconomic backgrounds; students with disabilities and the gifted and talented; students who are struggling with literacy including those with dyslexia; students who are English learners; and students who are at risk of not succeeding in school. e. The applicant must be assigned a mentor by the hiring school district. The mentor must have four years of teaching experience in a related subject area. 22.15(4) Validity—initial authorization. The initial content specialist authorization is valid for three years. 22.15(5) Renewal. The initial content specialist authorization may be renewed once if the candidate can demonstrate that coursework progress has been made. 22.15(6) Conversion. The initial content specialist authorization may be converted to a content specialist authorization if the applicant has completed the required coursework set forth in paragraph 22.15(3)“d.” 22.15(7) Specific requirements for the content specialist authorization. a. This authorization is valid for five years. b. An applicant for this authorization must first meet the requirements for the initial content specialist authorization. c. Renewal requirements for the content specialist authorization. Applicants for renewal must meet the requirements set forth in 282—subrule 20.5(1) and 282—paragraphs 20.5(2)“a” through “d.” 22.15(8) Revocation and suspension. Criteria of professional practice and rules of the board of educational examiners shall be applicable to the holders of the initial career and technical secondary authorization or the career and technical secondary authorization. If a school district hires an applicant without a valid license or authorization, a complaint may be filed against the teacher and the superintendent of the school district.

ITEM 3. Amend paragraph 27.2(5)"c" as follows: c. Verification that the individual has completedat least 75 percent of the coursework and competencies required prior to the practicum or internship.ARC 6679CEducational Examiners Board[282]Notice of Intended Action

Proposing rule making related to special education instructional strategist endorsement and providing an opportunity for public comment

The Educational Examiners Board hereby proposes to amend Chapter 14, “Special Education Endorsements,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 272.2.Purpose and Summary This proposed rule making creates an optional K-12 Special Education Instructional Strategist—All endorsement.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 282—Chapter 6. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Kimberly Cunningham Board of Educational Examiners 701 East Court Avenue, Suite A Des Moines, Iowa 50319-0147 Fax: 515.281.7669 Email: kim.cunningham@iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 6, 2022 1 to 2 p.m. Board Room 701 East Court Avenue, Suite A 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 2. Adopt the following new subrule 14.2(10): 14.2(10) K-12 instructional strategist I and II: all. This endorsement authorizes instruction for students in K-12 mild and moderate instructional special education programs, students with behavior disorders and learning disabilities, and students with intellectual disabilities, from age 5 to age 21. The applicant must present evidence of having completed the following program requirements. a. Foundations of special education.The philosophical, historical and legal bases for special education, including the definitions and etiologies of individuals with disabilities, exceptional child, and including individuals from culturally and linguistically diverse backgrounds. A review of special education law, including progress monitoring, data collection, and individualized education plans. b. Characteristics of learners.Preparation which includes various etiologies of disabilities, an overview of current trends in educational programming for students with disabilities, educational alternatives and related services, and the importance of the multidisciplinary team in providing more appropriate educational programming from age 5 to age 21. This preparation must include the psychological characteristics of students with disabilities, including classroom learning, cognition, perception, memory, and language development; medical complications including seizure management, tube feeding, catheterization and CPR; the social-emotional aspects of disabilities including adaptive behavior, social competence, social isolation, and learned helplessness; and the social and emotional aspects including dysfunctional behaviors, mental health issues, at-risk behaviors, social imperceptiveness, and juvenile justice. c. Assessment, diagnosis and evaluation.Legal provisions, regulations and guidelines regarding unbiased assessment and use of psychometric instruments and instructional assessment measures with individuals with disabilities. Application of assessment results to individualized program development and management, and the relationship between assessment and placement decisions. Knowledge of any specialized strategies such as functional behavioral assessment and any specialized terminology used in the assessment of various disabling conditions. A review of special education law, including progress monitoring, data collection, and individualized education plans. d. Methods and strategies.Methods and strategies which include numerous models for providing curricular and instructional methodologies utilized in the education of individuals with disabilities. Curricula for the development of cognitive, academic, social, language and functional life skills for individuals with exceptional learning needs, and related instructional and remedial methods and techniques, including appropriate assistive technology. The focus of these experiences is for students at all levels from age 5 to age 21. This preparation must include alternatives for teaching skills and strategies to individuals with disabilities who differ in degree and nature of disability, and the integration of appropriate age- and ability-level academic instruction. Proficiency in adapting age-appropriate curriculum to facilitate instruction within the general education setting, to include partial participation of students in tasks, skills facilitation, collaboration, and support from peers with and without disabilities; the ability to select and use augmentative and alternative communications methods and systems. An understanding of the impact of speech-language development on behavior and social interactions. Approaches to create positive learning environments for individuals with special needs and approaches to utilize assistive devices for individuals with special needs. The design and implementation of age-appropriate instruction based on the adaptive skills of students with disabilities; integrate selected related services into the instructional day of students with disabilities. Knowledge of culturally responsive functional life skills relevant to independence in the community, personal living, and employment. Use of appropriate physical management techniques including positioning, handling, lifting, relaxation, and range of motion and the use and maintenance of orthotic, prosthetic, and adaptive equipment effectively. e. Managing student behavior and social interaction skills.Preparation in individual behavioral management, behavioral change strategies, and classroom management theories, methods, and techniques for individuals with exceptional learning needs. Theories of behavior problems in individuals with intellectual disabilities and the use of nonaversive techniques for the purpose of controlling targeted behavior and maintaining attention of individuals with disabilities. Design, implement, and evaluate instructional programs that enhance an individual’s social participation in family, school, and community activities. f. Communication and collaborative partnerships.Awareness of the sources of unique services, networks, and organizations for individuals with disabilities including transitional support. Knowledge of family systems, family dynamics, parent rights, advocacy, multicultural issues, and communication to invite and appreciate many different forms of parent involvement. Strategies for working with regular classroom teachers, support services personnel, paraprofessionals, and other individuals involved in the educational program. Knowledge of the collaborative and consultative roles of special education teachers in the integration of individuals with disabilities into the general curriculum and classroom. g. Transitional collaboration.Sources of services, organizations, and networks for individuals with intellectual disabilities, including career, vocational and transitional support to postschool settings with maximum opportunities for decision making and full participation in the community. h. Student teaching.Student teaching in special education programs across the age levels of this endorsement.ARC 6678CEducational Examiners Board[282]Notice of Intended Action

Proposing rule making related to work-based learning program supervisor authorization and providing an opportunity for public comment

The Educational Examiners Board hereby proposes to amend Chapter 22, “Authorizations,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 272.2 and 2022 Iowa Acts, Senate File 2383.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 272.2 and 2022 Iowa Acts, Senate File 2383.Purpose and Summary This proposed rule making directs the Board to create a work-based learning program supervision authorization.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact This rule making will have a positive impact on jobs because it will allow more persons to be able to supervise students in a work-based learning program.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 282—Chapter 6. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Kimberly Cunningham Board of Educational Examiners 701 East Court Avenue, Suite A Des Moines, Iowa 50319-0147 Fax: 515.281.7669 Email: kim.cunningham@iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 6, 2022 1 to 2 p.m. Board Room 701 East Court Avenue, Suite A 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. Adopt the following new rule 282—22.14(272):

282—22.14(272) Work-based learning program supervisor authorization. 22.14(1) Authorization. The work-based learning program supervisor authorization is only valid for service or employment as a work-based learning program supervisor in grades 9-12. 22.14(2) Application process. Any person interested in the work-based learning program supervisor authorization shall submit an application to the board of educational examiners for an evaluation. Application materials are available from the office of the board of educational examiners online at www.boee.iowa.gov. 22.14(3) Specific requirements for the work-based learning program supervisor authorization. a. The applicant must complete the background check requirements set forth in rule 282—13.1(272). b. The applicant must provide verification of completion of the work-based learning program supervisor course. The course must be approved by the board of educational examiners, shall not require more than 15 contact hours, shall be available over the Internet, and shall include content in the fundamentals of career education, curriculum, assessment, and the evaluation of student participation. c. The applicant must provide verification of completion of child and dependent adult abuse trainings as stated in 282—subrule 20.3(4). 22.14(4) Validity. The work-based learning program supervisor authorization is valid for five years. No Class B license or license based on executive director decision may be issued to an applicant holding the work-based learning program supervisor authorization. No additional endorsement areas may be added to the work-based learning program supervisor authorization. 22.14(5) Renewal. An applicant for renewal of the work-based learning program supervisor authorization must provide verification of completion of child and dependent adult abuse trainings as stated in 282—subrule 20.3(4). 22.14(6) Temporary authorization. A one-year temporary work-based learning program supervisor authorization may be issued to applicants who have met all other requirements with the exception of the work-based learning program supervisor course. This temporary authorization is nonrenewable and cannot be extended. 22.14(7) Revocation and suspension. Criteria of the professional practice and rules of the board of educational examiners shall be applicable to holders of the work-based learning program supervisor authorization.ARC 6669CEnergy and Geological Resources Division[565]Notice of Intended Action

Proposing rule making related to energy and geological resources division and providing an opportunity for public comment

The Natural Resources Department hereby proposes to rescind Chapter 1, “General,” Chapter 3, “State Petroleum Set-Aside,” Chapter 5, “Purchasing Fuel From Alternative Sources,” Chapter 6, “Building Energy Management Programs,” Chapter 13, “Standby Emergency Energy Conservation Measures,” and Chapter 18, “State Energy Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapter 473 and sections 17A.7(2) and 323A.2(1)“c.”State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 473 and section 323A.2(1)“c.”Purpose and Summary The Department proposes to rescind all remaining chapters from agency identification number 565, Energy and Geological Resources Division. The underlying statutory authority for these rules is no longer with the Department. The Economic Development Authority now oversees these areas. Fiscal Impact This rule making has no fiscal impact to the State of Iowa. The fiscal impact statement is available from the Department upon request. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found. The jobs impact statement is available from the Department upon request. Waivers This rule is subject to the waiver provisions of 561—Chapter 10. 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.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 December 6, 2022. Comments should be directed to: Tamara Mullen McIntosh Department of Natural Resources Wallace State Office Building 502 East Ninth Street, Fourth Floor Des Moines, Iowa 50319 Email: tamara.mcintosh@dnr.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. Rescind and reserve 565—Chapter 1.

ITEM 2. Rescind and reserve 565—Chapter 3.

ITEM 3. Rescind and reserve 565—Chapter 5.

ITEM 4. Rescind and reserve 565—Chapter 6.

ITEM 5. Rescind and reserve 565—Chapter 13.

ITEM 6. Rescind and reserve 565—Chapter 18.ARC 6641CHuman Services Department[441]Notice of Intended Action

Proposing rule making related to five-year rules review and providing an opportunity for public comment

The Human Services Department hereby proposes to amend Chapter 80, “Procedure and Method of Payment,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapter 249A and section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 249A and section 249A.4.Purpose and Summary Chapter 80 was reviewed as part of the Department’s five-year rules review. Chapter 80 provides information on submitting claims to receive payment for providers of medical care participating in Medicaid. The rules review resulted in the following proposed technical changes. Form names and numbers are being updated. Cross-references to other chapters are being revised for accuracy. “Enterprise” is being removed from the Iowa Medicaid name to be consistent across all chapters related to Medicaid. References to federal regulations are also being updated to provide accurate listings. Rules that are outdated are being removed.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 December 6, 2022. 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 actions are proposed:

ITEM 1. Amend rule 441—80.2(249A) as follows:

441—80.2(249A) Submission of claims. Providers of medical and remedial care participating in the program shall submit claims for services rendered to the Iowa Medicaid enterprise on at least a monthly basis. All nursing facilities and providers of home- and community-based services shall submit claims for services afterthe end of the calendar month in which the services are provided. Following audit of the claim, the Iowa Medicaid enterprise will make payment to the provider of care. 80.2(1) Electronic submission. Providers are encouragedrequired to submit claims electronically whenever possible. a. Ambulance service providers may bill electronically only when the procedures performed are identified by codes based on the ones that Medicare recognizes as emergency and support medical necessity without a review by the Iowa Medicaid enterprise. b. a. When filing electronic claims, pharmacies shall use the format prescribed by the National Council for Prescription Drug Programs. c. b. Claims submitted electronically after implementation of the Health Insurance Portability and Accountability Act of 1996 shall be filed on theAmerican National Standards Institute (ANSI) Accredited Standards Committee (ASC) X12N 837 transaction, Health Care Claim. The department shall send all providers written notice when the Act is implemented. (1) Providers listed as filing claims on Form CMS-1500 or on the Claim for Targeted Medical Care shall file claims on the professional version of the837 Health Care Claim. (2) Providers listed as filing claims on Form CMS-1450 or on the Iowa Medicaid Long-Term Care Claimor UB04 shall file the institutional version of the837 Health Care Claim. (3) Dentists shall file the dental version of the837 Health Care Claim. (4) Pharmacists providing drugs and injections shall use the format prescribed by the National Council for Prescription Drug Programs. d. c. If a claim submitted electronically requires attachments or supporting clinical documentation and a national electronic attachment has not been adopted, the provider shall: (1) Use Form 470-3969, Claim Attachment Control, as the cover sheet for the paper attachments or supporting clinical documentationthe Iowa Medicaid portal access (IMPA) system to submit supporting documents when billing Medicaid fee for service claims; and (2) Reference on Form 470-3969 the attachment control number submitted on the ASC X12N 837 electronic transaction. 80.2(2) Claim forms. Claims for payment for services provided recipients shall be submitted on Form CMS-1500, Health Insurance Claim Form, except as noted below. a. The following providers shall submit claims on Form UB-04, CMS-1450: (1) Home health agencies providing services other than home- and community-based services. (2) Hospitals providing inpatient care or outpatient services, including inpatient psychiatric hospitals. (3) Psychiatric medical institutions for children. (4) Rehabilitation agencies. (5) Hospice providers. (6) Medicare-certified nursing facilities. (7) Nursing facilities for the mentally ill. (8) Special population nursing facilities as defined in rule 441—81.6(249A)441—Chapter 81. (9) Out-of-state nursing facilities. (10) Health insurance premium payment (HIPP) providers. b. All other nursing facilities and intermediate care facilities for persons with an intellectual disability shall file claims using an electronic version of Form UB-04 CMS-1450. c. Pharmacies shall submit claims on the Universal Pharmacy Claim Form when filing paper claims. d. Dentists shall submit claims on the dental claim form approved by the American Dental Association. e. Rescinded IAB 8/1/07, effective 9/5/07. f. e. Providers of home- and community-based waiver services, including home health agencies, shall submit claims on Form 470-2486, Claim for Targeted Medical Care. In the event of the death of the member, the case manager or service worker shall sign and date the claim form if the services were delivered. g. f. Case management providers billing services provided pursuant to 441—Chapter 90 to fee-for-service members shall submit claims using a HIPAA-compliant electronic claim. h. g. For fee-for-service members, providers billing claims for Medicare beneficiaries that do not cross over electronically to the Iowa Medicaid enterprise must submit the following electronically, in accordance with the All Providers, IV. Billing Iowa Medicaid manual, located at dhs.iowa.gov/sites/default/files/All-IV.pdf: (1) Form UB-04. (2) Form CMS-1500. The Explanation of Medicare Benefits (EOMB) is only required when requested by the Iowa Medicaid enterprise. i. h. For managed care members, providers billing claims for Medicare beneficiaries that do not cross over electronically must submit the following electronically: (1) Form UB-04 and the Explanation of Medicare Benefits (EOMB); and (2) Form CMS-1500 and the Explanation of Medicare Benefits (EOMB). j. i. Health insurance premium payment (HIPP) providers shall submit Form 470-5475, Health Insurance Premium Payment (HIPP) Provider Invoice, along with an explanation of benefits (EOB). 80.2(3) Providers shall purchase their supplies of forms CMS-1450 and CMS-1500 for use in billing. This rule is intended to implement Iowa Code section 249A.4.

ITEM 2. Amend rule 441—80.3(249A) as follows:

441—80.3(249A) Payment from other sources. This rule applies to claims for the department, managed care organizations, and the Public Health Associate Program (PHAP). 80.3(1) Payments deducted. The amount of any payment made directly to the provider of care by the recipient, relatives, or any source shall be deducted from the established cost standard for the service provided to establish the amount of payment to be made by Iowa Medicaid. 80.3(2) Third-party liability. a. When a third-party liability for medical expenses exists, this resource shall be utilizedfor payment of a claim before the Medicaid program makes payment unless: a. (1) The department pays the total amount allowed under the Medicaid payment schedule and then seeks reimbursement from the liable third party. This “pay and chase” provision applies to claims for: (1) 1. Preventive pediatric services, and (2) 2. All services provided to a person for whom there is court-ordered medical support. b. (2) Otherwise authorized by the department. b. All claims must be clean claims. A clean claim is defined as a claim that has no defect or impropriety (including any lack of required substantiating documentation) or particular circumstance requiring special treatment that prevents timely payment of the claim. 80.3(3) Recovery from third parties legally responsible to pay for health care. Parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service shall: a. Respond toNo later than 60 days after receiving any inquiry by the state regarding a claim for payment for any health care item or service that is submitted no later than three years after the date of the provision of the item or service, respond to such inquiry, pursuant to 42 U.S.C. Section 1396a(25)(I)(iii), effective March 13, 2022. b. Agree not to deny any claim submitted by the state solely because of the date of submission of the claim, the type or format of the claim form, or a failure to present proper documentation at the point of sale that is the basis of the claim,or, in the case of a responsible third party (other than the original Medicare fee-for-service program under Parts A and B of 42 U.S.C. Chapter 7, Subchapter XVIII, a Medicare Advantage plan offered by a Medicare Advantage organization under Part C of 42 U.S.C. Chapter 7, Subchapter XVIII, a reasonable cost of reimbursement plan under 42 U.S.C. Section 1395mm, a health care prepayment plan under 42 U.S.C. Section 1395l, or a prescription drug plan (PDP) offered by a PDP sponsor under Part D of 42 U.S.C. Chapter 7, Subchapter XVIII), a failure to obtain a prior authorization for the item or service for which the claim is being submitted, if both of the following conditions are met: (1) The claim is submitted to the entity by the state within the three-year period beginning on the date on which the item or service was furnished. (2) Any action by the state to enforce its rights with respect to the claim is commenced within six years of the date that the claim was submitted by the state. c. Reimburse the Medicaid program within 90 days of the request for repayment. d. Agree not to deny any claim submitted by the state solely because of lack of prior authorization. This rule is intended to implement Iowa Code chapter 249A.

ITEM 3. Amend rule 441—80.4(249A) as follows:

441—80.4(249A) Time limit for submission of claims and claim adjustments. 80.4(1) Submission of claims. Payment will not be made on any claim when the amount of time that has elapsed between the date the service was rendered and the date the initial claim is received by the Iowa Medicaid enterprise exceeds 365 days. The department shall consider claims submitted beyond the 365-day limit for payment only if retroactive eligibility on newly approved cases is made that exceeds 365 days or if attempts to collect from a third-party payer delay the submission of a claim. In the case of retroactive eligibility, the claim must be received within 365 days of the first notice of eligibility by the department. 80.4(2) Claim adjustments and resubmissions. A provider’s request for an adjustment to a paid claim or resubmission of a denied claim must be received by the Iowa Medicaid enterprise within 365 days from the date the claim was last adjudicated in order to have the adjustment or resubmission considered. In no case will a claim be paid if the claim is received beyond two years from the date of service. 80.4(3) Definition. For purposes of this rule, a claim is “received” when entered into the department’s payment system with an action of pay, deny, or suspend. Any claim returned to the provider without such action is not “received.” This rule is intended to implement Iowa Code sections 249A.3, 249A.4 and 249A.12.

ITEM 4. Amend subrule 80.5(1) as follows: 80.5(1) Identification cards. The department shall issue Form 470-1911,a Medical Assistance Eligibility Card, to members for use in securing medical and health services available under the program except as provided in 441—76.6(249A)441—Chapter 76. a. The department shall issue the Medical Assistance Eligibility Card: (1) When the member’s eligibility is initially determined. (2) Annually thereafter. (3) (2) Upon the member’s request for replacement of a lost, stolen, or damaged card. b. The Medical Assistance Eligibility Card is valid only for months in which the member has established eligibility, as indicated on the department’s eligibility verification system (ELVS). Payment will be made for services provided to an ineligible person when ELVS indicates that the person was eligible for the period in which the service was provided.

ITEM 5. Amend subrule 80.6(1) as follows: 80.6(1) Medical assistance corrective payments. Payment may be made to the client or county relief agency in accordance with rule 441—75.8(249A)441—Chapter 75.

ITEM 6. Amend rule 441—80.7(249A) as follows:

441—80.7(249A) Health care data match program. As a condition of doing business in Iowa, health insurers shall provide, upon the request of the state, information with respect to individuals who are eligible for or are provided medical assistance under the state’s medical assistance state plan to determine (1) during what period the member or the member’s spouse or dependents may be or may have been covered by a health insurer and (2) the nature of the coverage that is or was provided by the health insurer. This requirement applies to self-insured plans, group health plans as defined in the federal Employee Retirement Income Security Act of 1974 (Public Law 93-406), service benefit plans, managed care organizations, pharmacy benefits managers, and other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service. 80.7(1) Agreement required. The parties shall sign a data use agreement for the purposes of this rule. TheA data use agreement shall prescribethe specific detail elements required, in addition to any privacy protections, in the manner in which information shall be provided to the department of human services, or its designee, and the acceptable uses of the information provided. a. The initial provision of data shall include the data necessary to enable the departmentor its designee to match covered persons and identify third-party payers for the two-year period before the initial provision of the data. The data shall include the name, address, and identifying number of the plan. b. Ongoing monthly matches may be limited to changes in the data previously provided, including additional covered persons, with the effective dates of the changes. 80.7(2) Agreement form. a. An agreement with the department shall be in substantially the same form as Form 470-4415, Agreement for Use of Data. b. An agreement with the department’s designee shall be in a form approved by the designee, which shall include privacy protections equivalent to those provided in Form 470-4415, Agreement for Use of Data. 80.(3) 80.7(2) Confidentiality of data. The exchange of information carried out under this rule shall be consistent with all laws, regulations, and rules relating to the confidentiality or privacy of personal information or medical records, including but not limited to: a. The federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191; and b. Regulations promulgated in accordance with that Act and published in 45 CFR Parts 160 through 164as amended to April 11, 2022.

ITEM 7. Amend 441—Chapter 80, implementation sentence, as follows: These rules are intended to implement Iowa Code section 249A.4chapter 249A.ARC 6642CHuman Services Department[441]Notice of Intended Action

Proposing rule making related to five-year rules review and providing an opportunity for public comment

The Human Services Department hereby proposes to amend Chapter 87, “Family Planning Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 217.41B.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 217.41B.Purpose and Summary Chapter 87 was reviewed as part of the Department’s five-year rules review. Chapter 87 defines the state family planning program, which is a state-funded program within the Medical Assistance program. This proposed rule making adds language to allow eligibility for Afghan parolees and members of three Pacific Island nations’ populations included in the Compacts of Free Association (COFA) to clarify their eligibility for this program. Minor updates and clarifications to eligibility criteria are proposed as part of the review. The rules review also resulted in the following proposed technical changes. Definitions are being updated to provide clarity and correct references to other chapters. “Enterprise” is being removed from the Iowa Medicaid name to be consistent across all chapters related to Medicaid. References to federal regulations are also being updated to provide accurate listings. References to Iowa Code section 232.2(20B) refer to that section as enacted by 2022 Iowa Acts, House File 2507.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 December 6, 2022. 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.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend 441—Chapter 87, preamble, as follows: PreambleThis chapter defines and structures the family planning program administered by the department pursuant to 2017 Iowa Acts, House File 653, section 90Iowa Code section 217.41B. The purpose of this program is to provide family planning services to individuals who are not enrolled in medical assistance under 441—Chapter 74 or 441—Chapter 75. The department is not receiving federal financial participation for expenditures under the family planning program. Therefore, this chapter shall remain in effect only as long as state funding is available.The family planning program shall replicate the eligibility requirements and other provisions included in the Medicaid family planning network waiver, as approved by the Centers for Medicare and Medicaid Services of the U.S. Department of Health and Human Services in effect on June 30, 2017, but shall provide for distribution of the family planning services program funds in accordance with this chapter.Distribution of family planning program funds under this chapter shall be made in a manner that continues access to family planning services.

ITEM 2. Amend rule 441—87.1(217) as follows:

441—87.1(217) Definitions. "Applicant" means a person who applies for assistance under the family planning program described in this chapter. "Authorized Title X agency" means an agency or entity with an executed memorandum of understanding (MOU) with the Iowa department of human services authorizing the agency to perform point-of-service eligibility determinations for the family planning program. "Citizen" "citizenship" includes both citizens of the United States and nationals of the United States as defined in 8 U.S.C. Section 1101(a)(22). "Creditable qualifying quarters" means all of the qualifying quarters of coverage as defined under Title II of the Social Security Act worked by a parent of an alien while the alien was under the age of 18, and qualifying quarters worked by a spouse of an alien during their marriage if the alien remains married to the spouse or was married to the spouse at the spouse’s death, except for quarters beginning after December 31, 1996, if the parent or spouse of the alien received any federal means-tested public benefit during the period for which the qualifying quarter is credited. "Department" means the Iowa department of human services. "Family planning services" means pregnancy prevention and related reproductive health services. "Federal poverty level" means the levels published and updated periodically in the Federal Register by the United States Department of Health and Human Services (DHHS) under the authority of 42 U.S.C. Section 9902(2) and revised annually on April 1. "Member" means a person who has been determined eligible and is a current or former recipient of the family planning program services. "Noncitizen" means the same as the term “alien” as defined at 8 U.S.C. Section 1101(a)(3). "Qualified noncitizen" means the same as the term “qualified alien” as defined at 8 U.S.C. Section 1641(b) and (c) and refers to a person who is:

Lawfully admitted for permanent residence in the United States under the Immigration and Nationality Act (INA);
Granted asylum in the United States under Section 208 of the INA;
A refugee admitted to the United States under Section 207 of the INA;
Paroled into the United States under Section 212(d)(5) of the INA for a period of at least one year;
A person whose deportation from the United States is withheld under Section 243(h) of the INA as in effect before April 1, 1997, or under Section 241(b)(3) of the INA;
Granted conditional entry to the United States pursuant to Section 203(a)(7) of the INA as in effect before April 1, 1980;
An Amerasian admitted to the United States as described in 8 U.S.C. Section 1612(b)(2)(A)(i)(V);
A Cuban/Haitian entrant to the United States as described in 8 U.S.C. Section 1641(b)(7);
A battered noncitizen as described in 8 U.S.C. Section 1641(c);
Certified as a victim of trafficking as described in Section 107(b)(1)(A) of Public Law 106-386;
An American Indian born in Canada to whom Section 289 of the INA applies or a member of a federally recognized Indian tribe as defined in 25 U.S.C. Section 450b(e);
Under the age of 21 and lawfully residing in the United States as allowed by 42 U.S.C. Section 1396b(v)(4)(A)(ii); or
Lawfully residing in the United States in accordance with a Compact of Free Association with the government of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau as described in 8 U.S.C. Section 1612(b)(2)(G) as amended by Section 208 of Division CC of Public Law 116-260.

"Qualifying quarters" means all of the qualifying quarters of coverage as defined under Title II of the Social Security Act worked by a parent of a noncitizen while the noncitizen was under the age of 18 and all of the qualifying quarters worked by a spouse of the noncitizen during their marriage if the noncitizen remains married to the spouse or the spouse is deceased. No qualifying quarters of coverage that are creditable under Title II of the Social Security Act for any period beginning after December 31, 1996, may be credited to a noncitizen if the parent or spouse of the noncitizen received any federal means-tested public benefit during the period for which the qualifying quarter is credited.

ITEM 3. Amend subrule 87.2(2) as follows: 87.2(2) Furnishing of social security number. As a condition of eligibility, except as provided by paragraph 87.2(2)“a,”an applicant or member must provide to the department or authorized Title X agency, as applicable, all social security numbers issued to each individual (including children) for whom family planning services are sought must be furnished to the department. a. The requirement of furnishing a social security number does not apply to an individual who: (1) Is not eligible to receive a social security number; (2) Does not have a social security number and may only be issued a social security number for a valid nonwork reason in accordance with 20 CFR § 422.104§422.104 as amended to March 15, 2022; or (3) Refuses to obtain a social security number because of a well-established religious objection. For this purpose, a well-established religious objection means that the individual:

Is a member of a recognized religious sect or division of a sect; and
Adheres to the tenets or teachings of the sect or division of the sect and for that reason is conscientiously opposed to applying for or using a national identification number.

b. If a required social security number has not been issued or is not known, the individual seeking coverage under the family planning program must applycooperate with the department or authorized Title X agency, as applicable, in applying for a social security number with the Social Security Administration or requestin requesting the Social Security Administration to furnish the number.

ITEM 4. Amend paragraph 87.2(4)"a" as follows: a. To be eligible for the family planning program, a person must be one of the following: (1) A citizen or national of the United States. (2) A qualified alien residingnoncitizen continuously present (as described in Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility, under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) at 62 CFR §61415 dated November 11, 1997) in the United States beforesince August 22, 1996. (3) A qualified aliennoncitizen under the age of 21. (4) A refugee admitted to the United States under Section 207 of the Immigration and Nationality Act (INA). (5) An alienA noncitizen who has been granted asylum under Section 208 of the INA. (6) An alienA noncitizen whose deportation is withheld under Section 243(h) or 241(b)(3) of the INA. (7) A qualified aliennoncitizen veteran who has an honorable discharge that is not due to alienage. (8) A qualified aliennoncitizen who is on active duty in the armed forces of the United States other than active duty for training. (9) A qualified aliennoncitizen who is the spouse or unmarried dependent child of a qualified aliennoncitizen described in subparagraph 87.2(4)“a”(7) or 87.2(4)“a”(8), including a surviving spouse who has not remarried. (10) A qualified aliennoncitizen who has resided in the United States for a period of at least five yearsbeginning on the date of the qualified noncitizen’s entry into the United States with a status within the meaning of subparagraph 87.2(4)“a”(1), 87.2(4)“a”(4), or 87.2(4)“a”(9) under the definition of “qualified noncitizen” in rule 441—87.1(217). (11) An Amerasian admitted as described in 8 U.S.C. Section 1612(b)(2)(A)(i)(V). (12) A Cuban/Haitian entrant as described in 8 U.S.C. Section 1641(b)(7). (13) A certified victim of trafficking as described in Section 107(b)(1)(A) of Public Law 106-386 as amended to December 20, 2010. (14) An American Indian born in Canada to whom Section 289 of the INA applies or who is a member of a federally recognized Indian tribe as defined in 25 U.S.C. Section 450b(e). (15) An Iraqi or Afghan immigrant treated as a refugee pursuant to Section 1244(g) of Public Law 110-181 as amended to December 20, 2010, or to Section 602(b)(8) of Public Law 111-8 as amended to December 20, 2010. (16) An Afghan paroled into the United States treated as a refugee pursuant to Section 2502 of public law 117-43. (17) A qualified noncitizen lawfully residing in the United States in accordance with a Compact of Free Association with the government of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau as described in 8 U.S.C. Section 1612(b)(2)(G) as amended by Section 208 of Division CC of Public Law 116-260. (18) A conditional entrant pursuant to Section 203(a)(7) of the INA as in effect before April 1, 1980.

ITEM 5. Amend paragraph 87.2(4)"b" as follows: b. As a condition of eligibility, all applicants foror members of the family planning program shall attest to their citizenship or alienqualified noncitizen status by signing the applicationor review form.

ITEM 6. Amend paragraph 87.2(4)"c" as follows: c. Except as provided in paragraph 87.2(4)“f,”87.2(4)“h,” applicants or members for whom an attestation of United States citizenship has been made pursuant to paragraph 87.2(4)“b” shall present satisfactory documentation of citizenship or nationality as defineddescribed in paragraph 87.2(4)“d,”“e,” or “i.”87.2(4)“d” or “e.” A reference to a form in paragraph 87.2(4)“d” or “e” includes any successor form.An applicant or member who attests to citizenship must also verify the applicant’s identity. An applicant or member shall have a reasonable period to obtain and provide required documentation of citizenship or nationality. (1) For the purposes of this requirement, the “reasonable period” begins on the date a written request for documentation or a notice pursuant to subparagraph 87.2(4)“i”(2) is issued to an applicant or member, whichever is later, and continues for 90 days. (2) Family planning services shall be approved for new applicants and continue for members not previously required to provide documentation of citizenship or nationality until the end of the reasonable period to obtain and provide required documentation of citizenship or nationality. However, the receipt of family planning services pending documentation of citizenship or nationality is limited to one reasonable period of up to 90 days for each individual. An applicant or member who has already received benefits during any portion of a reasonable period shall not be granted coverage for a second reasonable period.

ITEM 7. Amend paragraph 87.2(4)"d" as follows: d. Any one of the following documents shallmust be accepted as satisfactory documentation of citizenship or nationalityand identity: (1) A United States passport, including a U.S. passport card issued by the U.S. Department of State, without regard to any expiration date as long as such passport or card was issued without limitation. (2) Form N-550 or N-570 (Certificate of Naturalization) issued by the U.S. Citizenship and Immigration ServicesA Certificate of Naturalization. (3) Form N-560 or N-561 (Certificate of United States Citizenship) issued by the U.S. Citizenship and Immigration ServicesA Certificate of United States Citizenship. (4) A validU.S. state-issued driver’s license or other identity document described in Section 274A(b)(1)(D) of the INA, but only if the state issuing the license or documentdoes eitherof the following prior to issuance of the license:

Requires proof of United States citizenship before issuance of the license or document; or
Obtains a social security number from the applicant and verifies before certification that the number is valid and is assigned to the applicant who is a citizen.

(5) Documentation issued by a federally recognized Indian tribe showing membership or enrollment in or affiliation with that tribe.as described at 42 CFR §435.407 as amended to March 15, 2022, including but not limited to a tribal enrollment card, a Certificate of Degree of Indian Blood, a tribal census document, or a document on tribal letterhead issued under the signature of the appropriate tribal official. Acceptable documentation: 1. Identifies the federally recognized Indian tribe that issued the document; 2. Identifies the individual by name; and 3. Confirms the individual’s membership, enrollment, or affiliation with the tribe. (6) Another document that provides proof of United States citizenship or nationality and provides a reliable means of documentation of personal identity, as the Secretary of the U.S. Department of Health and Human Services may specify by regulation pursuant to 42 U.S.C. Section 1396b(x)(3)(B)(v).

ITEM 8. Amend paragraph 87.2(4)"e" as follows: e. Satisfactory documentation of citizenship or nationalityand identity may also be demonstrated by the combination ofany identity document described in paragraph 87.2(4)“f” and any one of the following: (1) Any identity document described in Section 274A(b)(1)(D) of the INA or any other documentation of personal identity that provides a reliable means of identification, as the Secretary of the U.S. Department of Health and Human Services finds by regulation pursuant to 42 U.S.C. Section 1396b(x)(3)(D)(ii); and (2) Any one of the following:

A certificate of birth in the United States.
Form FS-545 or Form DS-1350 (Certification of Birth Abroad) issued by the U.S. Citizenship and Immigration Services.
Form I-97 (United States Citizen Identification Card) issued by the U.S. Citizenship and Immigration Services.
Form FS-240 (Report of Birth Abroad of a Citizen of the United States) issued by the U.S. Citizenship and Immigration Services.
Another document that provides proof of United States citizenship or nationality, as the Secretary of the U.S. Department of Health and Human Services may specify pursuant to 42 U.S.C. Section 1396b(x)(3)(C)(v).

(1) A U.S. public birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico (if born on or after January 13, 1941), Guam, the U.S. Virgin Islands, American Samoa, Swain’s Island, or the Commonwealth of the Northern Mariana Islands (CNMI) (if born after November 4, 1986 (CNMI local time)). The birth record document may be issued by a state, commonwealth, territory, or local jurisdiction. If the document shows that the individual was born in Puerto Rico or the Northern Mariana Islands before the applicable date referenced in this paragraph, the individual may be a collectively naturalized citizen. The following establishes U.S. citizenship for collectively naturalized individuals: 1. Puerto Rico: Evidence of birth in Puerto Rico and the applicant’s statement that the applicant was residing in the U.S., a U.S. possession, or Puerto Rico on or after January 13, 1941. 2. CNMI (formerly part of the Trust Territory of the Pacific Islands (TTPI)):

Evidence of birth in the CNMI; evidence of TTPI citizenship and residence in the CNMI, the U.S., or a U.S. territory or possession on or after November 3, 1986 (CNMI local time); and the applicant’s statement that the applicant did not owe allegiance to a foreign state on November 4, 1986 (CNMI local time);

Evidence of TTPI citizenship, continuous residence in the CNMI since before November 3, 1981 (CNMI local time); voter registration before January 1, 1975; and the applicant’s statement that the applicant did not owe allegiance to a foreign state on November 4, 1986 (CNMI local time);

Evidence of continuous domicile in the CNMI since before January 1, 1974, and the applicant’s statement that the applicant did not owe allegiance to a foreign state on November 4, 1986 (NMI local time).

Note: If a person entered the CNMI as a nonimmigrant and lived in the CNMI since January 1, 1974, this does not constitute continuous domicile and the individual is not a U.S. citizen. (2) A Certification of Report of Birth, issued to U.S. citizens who were born outside the U.S. (3) A Report of Birth Abroad of a U.S. citizen. (4) A certificate of birth in the U.S. (5) A U.S. Citizen I.D. card. (6) A Northern Marianas Identification Card issued by the U.S. Department of Homeland Security (or predecessor agency). (7) A final adoption decree showing the child’s name and U.S. place of birth or, if an adoption is not final, a statement from a state-approved adoption agency that shows the child’s name and U.S. place of birth. (8) Evidence of U.S. Civil Service employment before June 1, 1976. (9) A U.S. military record showing a U.S. place of birth. (10) Documentation that a child meets the requirements of Section 101 of the Child Citizenship Act of 2000 as amended (8 U.S.C. Section 1431). (11) Medical records, including but not limited to hospital, clinic, or doctor records or admission papers from a nursing facility, skilled care facility, or other institution that indicate a U.S. place of birth. (12) A life, health, or other insurance record that indicates a U.S. place of birth. (13) An official religious record recorded in the U.S. showing that the birth occurred in the U.S. (14) School records, including preschool, Head Start, and day care, showing the child’s name and U.S. place of birth. (15) Federal or state census records showing U.S. citizenship or a U.S. place of birth.If the applicant does not have one of the documents listed in paragraph 87.2(4)“d” or subparagraphs 87.2(4)“e”(1) through (15), the applicant may submit an affidavit using Form 470-4373 or 470-4373(S), signed under penalty of perjury by another individual who can reasonably attest to the applicant’s citizenship. Such affidavit must contain the applicant’s name, date of birth, and place of U.S. birth. The affidavit is not required to be notarized.

ITEM 9. Rescind paragraph 87.2(4)"f" and adopt the following new paragraph in lieu thereof: f. Any of the following documents must be accepted as satisfactory documentation of identity, provided the document has a photograph or other identifying information sufficient to establish identity, including but not limited to name, age, sex, race, height, weight, eye color, or address: (1) Identity documents listed at 8 CFR §274a.2(b)(1)(v)(B)(1) as amended to March 15, 2022, except a driver’s license issued by a Canadian government authority. (2) A driver’s license issued by a state or territory. (3) A school identification card. (4) A U.S. military card or draft record. (5) An identification card issued by the federal, state, or local government. (6) A military dependent’s identification card. (7) A U.S. Coast Guard Merchant Mariner card. (8) For children under age 19, a clinic, doctor, hospital, or school record, including preschool or day care records. (9) Two other documents containing consistent information that corroborates an applicant’s identity. Such documents include, but are not limited to, employer identification cards; high school, high school equivalency, and college diplomas; marriage certificates; divorce decrees; and property deeds or titles. (10) A finding of identity from a federal agency or another state agency, including but not limited to a public assistance, law enforcement, internal revenue or tax bureau, or corrections agency, if the agency has verified and certified the identity of the individual.If the applicant does not have any document specified in subparagraphs 87.2(4)“f”(1) through (10), the applicant may submit an affidavit using Form 470-4386 or 470-4386(S), signed under penalty of perjury by another individual who can reasonably attest to the applicant’s identity. Such affidavit must contain the applicant’s name and other identifying information establishing identity, as described in paragraph 87.2(4)“f.” The affidavit is not required to be notarized.

ITEM 10. Rescind paragraph 87.2(4)"g" and adopt the following new paragraph in lieu thereof: g. The department or authorized Title X agency, as applicable, must accept a photocopy, facsimile, scanned, or other copy of a document listed in paragraph 87.2(4)“d,” “e,” or “f” to the same extent as an original document, unless information on the submitted copy is inconsistent with other information available or there is reason to question the validity of, or information in, the document. The department must provide assistance in a timely manner to persons who need assistance in securing satisfactory documentation of citizenship or identity.

ITEM 11. Rescind paragraph 87.2(4)"h" and adopt the following new paragraph in lieu thereof: h. A person for whom an attestation of United States citizenship has been made pursuant to paragraph 87.2(4)“b” is not required to present documentation of citizenship and identity for the family planning program if any of the following circumstances apply: (1) The person is entitled to or enrolled for benefits under any part of Title XVIII of the federal Social Security Act (Medicare). (2) The person is receiving federal social security disability insurance (SSDI) benefits under Title II of the federal Social Security Act, Section 223 or 202, based on disability (as defined in Section 223(d) of the Act). (3) The person is receiving supplemental security income (SSI) benefits under Title XVI of the federal Social Security Act. (4) The person is or was exempted while assisted by child welfare services funded under Part B of Title IV of the federal Social Security Act on the basis of being a child in foster care as defined in Iowa Code section 232.2(20B). This exemption does not apply, and the person is subject to the citizenship and identity documentation requirements described in paragraph 87.2(4)“c,” when services under Part B of Title IV were terminated due to failure to meet citizenship requirements. (5) The person is or was exempted while assisted by foster care as defined in Iowa Code section 232.2(20B) or adoption assistance funded under Part E of Title IV of the federal Social Security Act. This exemption does not apply, and the person is subject to the citizenship and identity documentation requirements described in paragraph 87.2(4)“c,” when services under Part E of Title IV were terminated due to failure to meet citizenship requirements. (6) The person has previously presented satisfactory documentation of citizenship and identity, as specified by the United States Secretary of Health and Human Services. (7) The person was deemed eligible for medical assistance pursuant to 42 U.S.C. Section 1396a(e)(4) on or after July 1, 2006, as the newborn of a Medicaid-eligible mother. (8) The person was eligible for medical assistance pursuant to 42 U.S.C. Section 1397ll(e) as the newborn of a mother eligible for assistance under a State Children’s Health Insurance Program (SCHIP) pursuant to Title XXI of the Social Security Act.

ITEM 12. Rescind paragraph 87.2(4)"i" and adopt the following new paragraph in lieu thereof: i. Except as provided in paragraph 87.2(4)“h,” applicants or members for whom an attestation of qualified noncitizen status has been made pursuant to paragraph 87.2(4)“b” shall present satisfactory documentation of qualified noncitizen status. Satisfactory documentation of qualified noncitizen status is documentation issued by the U.S. Citizenship and Immigration Services (USCIS) (formerly Immigration and Naturalization Service (INS)) of the Department of Homeland Security that identifies the person’s qualified noncitizen status.

ITEM 13. Amend subrule 87.2(5) as follows: 87.2(5) Deeming of alien sponsor’s income. a. When an aliena qualified noncitizen admitted for lawful permanent residence is sponsored by a person who executed an affidavit of support as described in 8 U.S.C. Section 1631(a)(1) on behalf of the alienqualified noncitizen, the income of the alien shall be deemed to include the income of the sponsor (and of the sponsor’s spouse if living with the sponsor)shall be deemed to determine eligibility for the sponsored qualified noncitizen. The amount deemed to the sponsored alienqualified noncitizen shall be the total countable income of the sponsor and the sponsor’s spouse, determined pursuant to paragraphs 87.2(3)“b” through “d.” b. An indigent alienqualified noncitizen is exempt from the deeming of a sponsor’s income for 12 months after indigence is determined. An alienA qualified noncitizen shall be considered indigent if: (1) The alienqualified noncitizen does not live with the sponsor; and (2) The alien’squalified noncitizen’s gross income, including any income actually received from or made available by the sponsor, is less than 100 percent of the federal poverty level for the sponsored alien’squalified noncitizen’s household size. c. A battered alienqualified noncitizen as described in 8 U.S.C. Section 1641(c) is exempt from the deeming of a sponsor’s income for 12 months. d. Deeming of the sponsor’s income does not apply when: (1) The sponsored alienqualified noncitizen attains citizenship through naturalization pursuant to Chapter 2 of Title II of the INA. (2) The sponsored alienqualified noncitizen has earned 40 qualifying quarters of coverage as defined in Title II of the Social Security Act or can be credited with 40 creditable qualifying quarters as defined in rule 441—87.1(217). (3) The sponsored alienqualified noncitizen or the sponsor dies. (4) The sponsored alienqualified noncitizen is a child under the age of 21as allowed by 42 U.S.C. Section 1396b(v)(4)(A)(ii).

ITEM 14. Amend subrule 87.2(6) as follows: 87.2(6) Residency requirements. Residency in Iowa is a condition of eligibility for the family planning services program. a. Definition of resident.A resident of Iowa is one: (1) Who is living in Iowa voluntarily with the intention of making that person’s home there and not for a temporary purpose. A childperson is a resident of Iowa when living there on other than a temporary basis. Residence mayshall not depend upon the reason for which the individual entered the state, except insofar as it may bear upon whether the individual is there voluntarily or for a temporary purpose; or (2) Who, at the time of application, is living in Iowa, is not receiving assistance from another state, and entered Iowa with a job commitment or seeking employment in Iowa, whether or not currently employed. Under this definition, the child is a resident of the state in which the parent or caretaker is a resident. b. Retention of residence.Residence is retained until abandoned. Temporary absence from Iowa, with subsequent returns to Iowa, or intent to return when the purposes of the absence have been accomplished does not interrupt continuity of residence.

ITEM 15. Amend subrule 87.2(7) as follows: 87.2(7) Investigation by quality control or the department of inspections and appeals. As a condition of eligibility, an applicant or member shall cooperate with the department when the applicant’s or member’s case is selected by quality control or the department of inspections and appeals for verification of eligibility unless the investigation revolves solely around the circumstances of a person whose income and resources dodoes not affect family planning program eligibility. (SeeMore information can be found in department of inspections and appeals rules in 481—Chapter 72.) Failure to cooperate shall serve as a basis for denial of an application or cancellation of family planning program eligibility. Once a person’s eligibility is denied or canceled for failure to cooperate, the person may reapply but shall not be determined eligible until cooperation occurs.

ITEM 16. Amend subrule 87.3(1) as follows: 87.3(1) Application. An individual who requests assistance for family planning services shall file an application Form 470-5485, Family Planning Program Application. A woman eligible under paragraph 87.2(1)“a” is not required to file an application for assistance under this program. The department will automatically redetermine eligibility upon loss of other Medicaid eligibility within 12 months after the month when the 60-day postpartum period ends.

ITEM 17. Amend subrule 87.3(3) as follows: 87.3(3) Information or verification needed to determine eligibility. The departmentor authorized Title X agency, as applicable, shall notify the applicantor member, authorized representative, or responsible person in writing of the information or verification required to establish eligibility. This notice shall be provided to the applicantor member, authorized representative, or responsible person personally or by mail or fax. a. The departmentor authorized Title X agency, as applicable, shall allow the applicantor member, authorized representative, or responsible person ten calendar days to supply the information or verification requested. b. The departmentor authorized Title X agency, as applicable, may extend the deadline for a reasonable period of time when the applicantor member, authorized representative, or responsible person is making reasonable efforts but is unable to secure the required information or verification. c. If benefits are denied for failure to provide information or verification and the information or verification is provided within 14 calendar days of the effective date of the denial, the departmentor authorized Title X agency, as applicable, shall complete the eligibility determination as though the information or verification were received timely. If the fourteenth calendar day falls on a weekend or state holiday, the applicantor member, authorized representative, or responsible person shall have until the next business day to provide the information.

ITEM 18. Amend subrule 87.3(4) as follows: 87.3(4) Annual review. An individual who requests that assistance continue for family planning services shall complete Form 470-4071, Family Planning Program Review. The member must submit the completed review form before the end of the eligibility period to any location specified in subrule 87.3(2).

ITEM 19. Amend subrule 87.3(5) as follows: 87.3(5) Time limit for decision. An application or review form shall be processed by the family planning agencydepartment or authorized Title X agency with which the applicationform was filed. A determination of eligibility shall be made within 45 days of receipt of the application or review form.

ITEM 20. Amend subrule 87.6(1) as follows: 87.6(1) Required changes to report. An individual applying for or receiving family planning services under this program shall report the following changes within ten days from the date the change is known: a. Change in mailing address; b. No longer a resident of Iowa; c. A woman becomes pregnant; d. No longer capable of bearing or fathering children; e. Becomes Medicaidor Iowa health and wellness plan eligible, except women meeting criteria in paragraph 87.2(1)“a”; or f. Turns 55 years of age.

ITEM 21. Amend subrule 87.8(1) as follows: 87.8(1) Sterilization is a covered service subject to the limitations in 441—paragraphs 78.1(16)“a” through “i.”441—Chapter 78.

ITEM 22. Amend subrule 87.10(1) as follows: 87.10(1) Family planning providers that participate in the program shall submit claims to the Iowa Medicaid enterprise for services rendered no later than 45 days from the last day of the month in which services were provided.

ITEM 23. Amend rule 441—87.11(217) as follows:

441—87.11(217) Providers eligible to participate. 87.11(1) Providers must be enrolled with the Iowa Medicaid program, subject to rule 441—79.14(249A)441—Chapter 79, and otherwise qualified to provide family planning services under Medicaid, subject to the limitations related to abortions, as specified above under subrule 87.7(1). Effective July 1, 2018, as a condition of eligibility as a provider under the family planning services program, each distinct location of a nonprofit health care delivery system shall enroll in the program as a separate provider, be assigned a distinct provider identification number, and complete an attestation that abortions are not performed at the distinct location. For the purposes of this subrule, “nonprofit health care delivery system” shall have the same meaning as provided under subrule 87.7(1). 87.11(2) Process for enrollment. Providers wishing to enroll under the state family planning program must complete the following steps: a. Must complete enrollment with Iowa Medicaid enterprise. b. Must complete Form 470-5484, Family Planning Program Provider Attestation, regarding nonprovision of abortions, pursuant to requirements referenced above under subrule 87.7(1). c. Forms referenced in this subrule must be sent to Iowa Medicaid Enterprise, Provider Enrollment Unit, P.O. Box 36450, Des Moines, Iowa 50315.

ITEM 24. Amend 441—Chapter 87, implementation sentence, as follows: These rules are intended to implement Iowa Code section 217.41B as amended by 2018 Iowa Acts, Senate File 2418, section 83.ARC 6643CHuman Services Department[441]Notice of Intended Action

Proposing rule making related to five-year rules review and providing an opportunity for public comment

The Human Services Department hereby proposes to amend Chapter 90, “Case Management Services,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary Chapter 90 was reviewed as part of the Department’s five-year rules review. Chapter 90 provides information on case management services and when those services are available to members. This rules review resulted in the following proposed technical amendments. Definitions are being updated to provide correct references to other chapters. “Enterprise” is being removed from the phrase “Iowa Medicaid enterprise” to be consistent across all chapters related to Medicaid. References to federal regulations are also proposed to be updated to provide accurate listings.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 December 6, 2022. 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 actions are proposed:

ITEM 1. Amend rule 441—90.1(249A), definitions of “Care coordination,” “Chronic mental illness,” “Integrated health home,” “Intellectual disability,” “Major incident,” “Managed care organization” and “Medical institution,” as follows: "Care coordination" means the case management services provided by an integrated health home to members who are also receiving home- and community-based habilitation services pursuant to rule 441—78.27(249A)441—Chapter 78 or HCBS children’s mental health waiver services pursuant to rules 441—83.121(249A) through 441—83.129(249A)441—Chapter 83. "Chronic mental illness" means a condition present in adults who have a persistent mental or emotional disorder that seriously impairs their functioning relative to such primary aspects of daily living as personal relations, living arrangements, or employment. The definition of chronic mental illness and qualifying criteria are found at rule 441—24.1(225C)in 441—Chapter 24. For purposes of this chapter, people with mental disorders resulting from Alzheimer’s disease or substance abuse shall not be considered chronically mentally ill. "Integrated health home" "IHH" means a provider of health home services that is a Medicaid-enrolled provider and that is determined through the provider enrollment process to have the qualifications, systems and infrastructure in place to provide IHH services pursuant to rule 441—77.47(249A)441—Chapter 77. IHH covered services and member eligibility for IHH enrollment are also governed by rule 441—78.53(249A)441—Chapter 78 and the health home state plan amendment. The IHH provides care coordination services for enrolled habilitation and children’s mental health waiver members. "Intellectual disability" means a diagnosis of intellectual disability (intellectual developmental disorder), global developmental delay, or unspecified intellectual disability (intellectual developmental disorder). Diagnosis criteria are outlined in rule 441—83.61(249A)441—Chapter 83. "Major incident" means an occurrence that involves a member who is enrolled in an HCBS waiver, targeted case management, or habilitation services and that:

Results in a physical injury to or by the member that requires a physician’s treatment or admission to a hospital;
Results in the death of any person;
Requires emergency mental health treatment for the member;
Requires the intervention of law enforcement;
Requires a report of child abuse pursuant to Iowa Code section 232.69, a report of dependent adult abuse pursuant to Iowa Code section 235B.3, or a report of elder abuse pursuant to Iowa Code chapter 235F; or
Constitutes a prescription medication error or a pattern of medication errors that leads to the outcome in numbered paragraph “1,” “2,” or “3”; or
6Involves a member’s location being unknown by provider staff who are responsible for protective oversight.

"Managed care organization" "MCO" means the same as defined in rule 441—73.1(249A)441—Chapter 73. "Medical institution" means an institution that is organized, staffed, and authorized to provide medical care as set forth in the most recent amendment to 42 Code of Federal Regulations Section 435.1009as amended to October 20, 2022. A residential care facility is not a medical institution.

ITEM 2. Amend subrule 90.2(1) as follows: 90.2(1) Eligibility for targeted case management. A person who meets all of the following criteria shall be eligible for targeted case management: a. The person is eligible for Medicaid or is conditionally eligible under 441—subrule 75.1(35)441—Chapter 75; b. The person is a member of a targeted population; c. The person resides in a community setting or qualifies for transitional case management as set forth in subrule 90.2(4); d. The person has applied for targeted case management in accordance with the policies of the provider; e. The person’s need for targeted case management has been determined in accordance with rule 441—90.2(249A); and f. The person is not eligible for, or enrolled in, Medicaid managed care.

ITEM 3. Amend paragraph 90.2(3)"b" as follows: b. Application decision for targeted case management.The case manager shall inform the applicant, or the applicant’s guardian or representative, of any decision to approve, deny, or delay the service in accordance with the notification requirements at rule 441—16.3(17A)441—Chapter 16.

ITEM 4. Amend subrule 90.3(2) as follows: 90.3(2) The provider shall notify the member or the member’s guardian or representative in writing of the termination of targeted case management, in accordance with rule 441—16.3(17A)441—Chapter 16.

ITEM 5. Amend subrule 90.6(1) as follows: 90.6(1) Documentation of contacts. Subrule 90.6(1) applies to all categories of case management and all populations covered by case management. a. Documentation of case management services contacts shall include: (1) The name of the individual case manager; (2) The need for, and occurrences of, coordination with other case managers within the same agency or referral or transition to another case management agency; and (3) Other requirements as outlined in rule 441—79.3(249A)441—Chapter 79 to support payment of services. b. Targeted case management providers serving FFS members must also adhere to 441—subrule 24.4(4)441—Chapter 24.

ITEM 6. Amend subrule 90.7(3), introductory paragraph, as follows: 90.7(3) Quality assurance. Case management services providers shall cooperate with quality assurance activities conducted by the Iowa Medicaid enterprise or a Medicaid managed care organization, as well as any other state or federal entity with oversight authority to ensure the health, safety, and welfare of Medicaid members. These activities may include, but are not limited to:ARC 6644CHuman Services Department[441]Notice of Intended Action

Proposing rule making related to five-year rules review and providing an opportunity for public comment

The Human Services Department hereby proposes to amend Chapter 98, “Support Enforcement Services,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 252B.9.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 252B.9.Purpose and Summary Chapter 98 was reviewed as part of the Department’s five-year rules review. Chapter 98 outlines the enforcement services provided by the Child Support Recovery Unit. These proposed amendments update legal references for the Iowa Rules of Civil Procedure. Form names and numbers are also proposed to be updated. References to the Iowa Code and to federal regulations are also proposed to be updated to provide accurate listings. The name of the food assistance program is proposed to be updated to replace it with the federal name of the Supplemental Nutrition and Assistance Program to be consistent across all programs.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 December 6, 2022. 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.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend rule 441—98.5(252E) as follows:

441—98.5(252E) Health benefit plan information. The unit shall gather information concerning a health benefit plan. 98.5(1) Information from an employer. The unit shall gather information concerning a health benefit plan an employer may offer an obligor as follows: a. The unit may send Form 470-0177M, Employment and Health Insurance Questionnaire, whenever a potential employer is identified. b. The unit shall secure information about health care coverage from a known employer on Form 470-2743, Employer Medical Support Information, when Form 470-3818, National Medical Support Notice, or an order has been forwarded to the employer pursuant to Iowa Code section 252E.4. 98.5(2) Information from an obligor. The unit may secure medical support information from an obligor on Form 470-0413, Obligor Insurance Questionnaire. 98.5(3) Disposition of information. The unit shall provide the information: a. To the Medicaid agency and to the obligee, when requested, when the dependent is a recipient of Medicaid. b. To the obligee, when requested, when the dependent is not a recipient of Medicaid.

ITEM 2. Amend paragraph 98.7(2)"a" as follows: a. If an obligor was ordered to provide health care coverage under an order but did not comply with the order, the child support recovery unit may implement the order by forwarding to the employer a copy of the order, an ex parte order as provided in Iowa Code section 252E.4, or Form 470-3818, National Medical Support Notice.

ITEM 3. Amend subrule 98.7(3) as follows: 98.7(3) Termination of employment. When the child support recovery unit receives information indicating the obligor’s employment has terminated, the unit shall secure the status of the health benefit plan by sending Form 470-3218, Employer Insurance Notification, to the employer.If no response is received within 30 days of sending Form 470-3218, the unit shall send a second request on Form 470-3219, Employer Insurance Second Notification, to the employer.

ITEM 4. Amend paragraph 98.8(2)"a" as follows: a. The obligor shall be entitled to only one informal conference for each new employer to which the unit has forwarded Form 470-3818, National Medical Support Notice, oran order under Iowa Code section 252E.4 to enforce medical support.

ITEM 5. Amend subrule 98.42(1) as follows: 98.42(1) Notice to employer. The unit may send notice to the employer or other income provider by regular mail or by electronic means in accordance with Iowa Code chapter 252D. If the unit is sending notice by regular mail, it shall send Form 470-3272, Income Withholding for Support, or a notice in the standard format prescribed by 42 U.S.C. §666(b)(6)(A). If the unit is sending the notice by electronic means, it may include notice of more than one obligor’s order and need only state once provisions which are applicable to all obligors, such as the information in paragraphs 98.42(1)“d,” “f,” “g,” and “i.” The statement of provisions applicable to all obligors may be sent by regular mail or electronic means. The notice of income withholding shall contain information such as the following: a. The obligor’s name and social security number. b. The amount of current support to withhold. c. The amount of support to withhold for payment of delinquent support, if any. d. The amount an income provider may deduct for costs of processing each support payment. e. The child support case number. f. The location to which payments are sent. g. The maximum amount that can be withheld for payment of support as specified in rule 441—98.40(252D,252E). h. The method to calculate net income. i. Responsibilities of the income provider as specified in Iowa Code section 252D.17. j. Responsibility, if any, of the income provider to enroll the obligor’s dependent for coverage under a health benefit plan.

ITEM 6. Amend subrule 98.42(2) as follows: 98.42(2) Notice to obligor. Form 470-2624, Initiation of Income Withholding/Medical Support Enforcement, shall be sent to the last-known address of the obligor by regular mail. The notice shall contain the following information: a. A statement of the obligor’s right to an informal conference. b. The process to request an informal conference. c. The obligor’s right to claim hardship criteria and the process for a claim. d. The obligor’s right to file a motion to quash the income withholding order or notice with the district court. e. The information provided to the employer or other income provider, or a copy of the notice sent to the employer or other income provider. f. The amount of any delinquency.

ITEM 7. Amend subrule 98.42(3) as follows: 98.42(3) Standard format. As provided in Iowa Code section 252D.17, an order or notice of an order for income withholding shall be in a standard format prescribed by the child support recovery unit. Form 470-3272, Income Withholding for Support, is the standard format prescribed by the child support recovery unit, and the unit shall make a copy of the form available to the state court administrator and the Iowa state bar association.

ITEM 8. Amend 441—Chapter 98, Division II, Part C, implementation sentence, as follows: These rules are intended to implement Iowa Code Supplement chapters 252D and 252E.

ITEM 9. Amend subrule 98.61(5) as follows: 98.61(5) Good cause. The name of the obligor shall not be included when there has been a finding of good cause for noncooperation with the child support recovery unit in a public assistance case pursuant to 441—subrule 41.2(8) or 441—subrule 75.14(1)441—Chapter 41 or 441—Chapter 75 and a determination has been made that enforcement may not proceed without risk of harm to the child or caretaker.

ITEM 10. Amend subrule 98.62(2) as follows: 98.62(2) Availability of list. Once released, the list shall be provided to other persons upon payment of an amount to cover the cost of producing a copy as specified in 441—subrule 9.3(7)441—Chapter 9. Requests shall be directed to the Bureau of Collections, Fifth Floor, Hoover State Office Building, Des Moines, Iowa 50319-0114.

ITEM 11. Amend rule 441—98.73(252B) as follows:

441—98.73(252B) Method and requirements of reporting. The obligor shall complete Form 470-3155, Report of Seek Employment Activity, which shall be submitted to the unit on a weekly basis throughout the duration of the order unless the obligor has a valid reason for not complying with the order. The obligor shall document at least five new attempts to find employment on the form each week. The same employer may not be reported more than once per week.The obligor shall include the names, addresses, and the telephone numbers of each of the five employers or businesses with whom the obligor attempted to seek employment and the name of the individual contact to whom the obligor made application for employment or to whom the inquiry was directed.

ITEM 12. Amend subrule 98.74(2) as follows: 98.74(2) Temporary illness or disability. Temporary illness or disability of the obligor or other household member is considered a valid reason upon receipt of completed Form 470-3158, Physician’s Statement, verifying the obligor’s inability to seek or accept employment.

ITEM 13. Amend subrule 98.74(6) as follows: 98.74(6) Job training. Participation in a job training or job seeking program through the department of employment services as a result of receiving food stampsbenefits from the Supplemental Nutrition Assistance Program (SNAP) is considered a valid reason upon receipt of verification from the department of employment services.

ITEM 14. Amend rule 441—98.75(252B) as follows:

441—98.75(252B) Method of service. The seek employment order shall be served on the obligor by regular mail. Proof of service shall be completed in accordance with Iowa Rulesaccording to Rule of Civil Procedure, Number 821.442.

ITEM 15. Amend rule 441—98.81(252B), definition of “Delinquent support,” as follows: "Delinquent support" means a payment, or portion of a payment, including interest, not received by the clerk of the district court or other designated agency at the time it was due. In addition, delinquent support shall also include payments for parental liabilities not received as specified pursuant to rule 441—156.2(234)441—Chapter 156.

ITEM 16. Amend subrule 98.84(8) as follows: 98.84(8) Offset notice, appeal, and refund. The federal Department of the Treasury will send notice that a federal income tax refund or federal nontax payment owed to the obligor has been intercepted. When the unit receives information from the federal Office of Child Support Enforcement regarding the offset, or when the individual whose name was submitted for federal offset notifies the department that the individual has received an offset notice, the department shall issue to that individual Form 470-3684, Appeal Rights for Federal Offsets. a. The individual whose name was submitted for federal offset shall have 15 days from the date of the notice to contest the offset by initiating an administrative appeal pursuant to 441—Chapter 7. Except as specifically provided in this rule, administrative appeals will be governed by 441—Chapter 7. The issue on appeal shall be limited to a mistake of fact. Any other issue may be determined only by a court of competent jurisdiction. b. The department shall refund the incorrect portion of a federal income tax offset or federal nontax payment offset within 30 days following verification of the offset amount. Verification shall mean a listing from the federal Office of Child Support Enforcement containing the obligor’s name and the amount of tax refund or nontax payment to which the obligor is entitled. The date the department receives the federal listing will be the beginning day of the 30-day period in which to make a refund. c. The department shall refund the amount incorrectly set off to the obligor unless the obligor agrees in writing to apply the refund of the incorrect offset to any other support obligation due.

ITEM 17. Amend rule 441—98.94(252I) as follows:

441—98.94(252I) Notice to financial institution. The unit may send a notice to the financial institution with which the account is placed, directing that the financial institution forward to the collection services center all or a portion of the moneys in the obligor’s account or accounts on the date the notice is received. The notice shall be sent by first-class mail, with proof of service completed according to rule of civil procedure 82Rule of Civil Procedure 1.442. The notice to the financial institution shall contain all of the information specified in Iowa Code chapter 252I.

ITEM 18. Amend rule 441—98.95(252I) as follows:

441—98.95(252I) Notice to support obligor. The unit shall notify an obligor, and any other party known to have an interest in the account, of the action. The notice shall contain all of the information specified in Iowa Code chapter 252I. The unit shall forward the notice by first-class mail within two working days of sending the notice to the financial institution. Proof of service shall be completed according to Iowa RulesRule of Civil Procedure 821.442.

ITEM 19. Amend subrule 98.101(2) as follows: 98.101(2) Subpoena or warrant. An individual must have failed to comply with a subpoena or warrant, as defined in Iowa Code chapter 252J, relating to a paternity or support proceeding. If a subpoena was issued, the individual must have failed to comply with either Form 470-3413, Child Support Recovery Unit Subpoena, or an Interstate Subpoena as provided in paragraph 96.2(1)“a”subrule 96.2(1) within 15 days of the issuance of the subpoena, and proof of service of the subpoena was completed according to Rule of Civil Procedure 821.442.

ITEM 20. Amend subrule 98.102(2) as follows: 98.102(2) Temporary illness or disability. Temporary illness or disability of the individual or illness or disability of another household member which requires the presence of the individual in the home as caretaker is considered a valid reason for exemption upon receipt of a completed Form 470-3158, Physician’s Statement, verifying the individual’s or household member’s inability to work.

ITEM 21. Amend subrule 98.102(4) as follows: 98.102(4) Job training. Participation in a job-training or job-seeking program through the department of employment services as a result of receiving food stampsbenefits from the Supplemental Nutrition Assistance Program is considered a valid reason for exemption upon receipt of verification from the department of employment services or verification through online information available to CSRU or upon receipt of a written statement from an income maintenance worker.

ITEM 22. Amend subrule 98.103(3) as follows: 98.103(3) Certificate of noncompliance. If an individual fails to respond in writing to the notice within 20 days, or if the individual requests a conference and fails to appear, the unit shall issue a Certificate of Noncompliance, Form 470-3274, to applicable licensing authorities in accordance with Iowa Code section 252J.3.

ITEM 23. Amend rule 441—98.104(252J) as follows:

441—98.104(252J) Conference. 98.104(1) Scheduling of conference. Upon receipt from an individual of a written request for a conference, CSRU shall schedule a conference not more than 30 days in the future. At the request of either CSRU or the individual, the conference may be rescheduled one time. When setting the date and time of the conference, if notice was sent to an obligor under subrule 98.103(1), CSRU shall request the completion of Form 470-0204, Financial Statement, and other financial information from both the obligor and the obligee as may be necessary to determine the obligor’s ability to comply with the support obligation. 98.104(2) Payment calculation. If notice was sent to an obligor under subrule 98.103(1) during the conference held in compliance with the provisions of Iowa Code section 252J.4, CSRU shall determine if the obligor’s ability to pay varies from the current support order by applying the mandatory supreme court guidelines as contained in 441—Chapter 99, Division I, with the exception of subrules 99.4(3) and 99.5(5). If further information from the obligor is necessary for the calculation, CSRU may schedule an additional conference no less than ten days in the future in order to allow the obligor to present additional information as may be necessary to calculate the amount of the payment. If, at that time, the obligor fails to provide the required information, CSRU shall issue a Certificate of Noncompliance, Form 470-3274, to applicable licensing authorities. If the obligee fails to provide the necessary information to complete the calculation, CSRU shall use whatever information is available. If no income information is available for the obligee, CSRU shall determine the obligee’s income in accordance with 441—subrules 99.1(2) and 99.1(4). This calculation is for determining the amount of payment for the license sanction process only, and does not modify the amount of support obligation contained in the underlying court order. 98.104(3) Referral for review and adjustment. If the amount calculated in subrule 98.104(2) meets the criteria for review and adjustment as specified in rule 441—99.62(252B,252H), or administrative modification as specified in rule 441—99.82(252H) and subrules 441—99.83(1), 99.83(2) and 99.83(6) at the time CSRU provides the payment agreement to the obligor, CSRU shall also provide the obligor with any necessary forms to request a review and adjustment or administrative modification of the support obligation. The payment agreement remains in effect during the review and adjustment or administrative modification process.

ITEM 24. Amend rule 441—98.105(252J) as follows:

441—98.105(252J) Payment agreement. The License Sanction Payment Agreement, Form 470-3273, shall require the obligor to pay the lower of the amount calculated in subrule 98.104(2) or the maximum amount payable under an income withholding order as specified in rule 441—98.24(252D). 98.105(1) Duration of payment agreement. The License Sanction Payment Agreement signed under this division shall remain in effect for at least one year from the date of issuance unless CSRU determines the obligor has a valid reason for exemption as specified in rule 98.102 (252J)441—98.102(252J). Except in those cases in which review and adjustment are in process, CSRU may, at the end of the year, begin the process of reviewing the case to ensure that the payment amount continues to accurately reflect the obligor’s ability to pay as calculated in subrule 98.104(1). 98.105(2) Failure to comply. If at any time following the signing of a payment agreement the obligor fails to comply with all the terms of the agreement, CSRU shall issue a Certificate of Noncompliance, Form 470-3274, to applicable licensing authorities in accordance with the provisions of Iowa Code chapter 252J.

ITEM 25. Amend rule 441—98.106(252J) as follows:

441—98.106(252J) Staying the process due to full payment of support. If the obligor, at any time, pays the total support owed, both current and past due, or an individual complies with the subpoena or warrant, CSRU shall stay the process, and any Certificate of Noncompliance, Form 470-3274, whichthat has been issued shall be withdrawn by CSRU.

ITEM 26. Amend rule 441—98.107(252J) as follows:

441—98.107(252J) Duration of license sanction. The Certificate of Noncompliance, Form 470-3274, shall remain in effect until the obligor pays all support owed, both arrears and current; or the obligor enters into a payment agreement with CSRU; or the obligor meets one of the criteria for exemption specified at subrules 98.102(1), 98.102(2), and 98.102(4); or the individual complies with the subpoena or warrant.

ITEM 27. Amend 441—Chapter 98, Division VIII, implementation sentence, as follows: These rules are intended to implement Iowa Code chapter 252J as amended by 1997 Iowa Acts, House File 612, Division X.

ITEM 28. Amend 441—Chapter 98, Division X, preamble, as follows: This division implements provisions of 1997 Iowa Acts, House File 612, sections 35 and 244Iowa Code chapter 252B, which provideprovides for enforcement of child support arrearages by external sources. These sources are entities under contract to collect difficult-to-collect arrearages and private attorneys acting independently of the unit but with the unit’s consent. The rules provide criteria and procedures for referral of delinquent support to collection contractors, assessment of the statutory surcharge, and opportunity for the delinquent parent to contest. The rules also provide a procedure to allow state payment to private attorneys enforcing child support recovery unit (CSRU) cases and provide criteria to exempt cases from the procedure.

ITEM 29. Amend rule 441—98.121(252B) as follows:

441—98.121(252B) Difficult-to-collect arrearages. The child support recovery unit may refer difficult-to-collect arrearages to a collection entity under contract with the unit or with another state entity. Upon referral, a surcharge, in addition to the support, shall be due and payable by the obligor as provided in 1997 Iowa Acts, House File 612, section 244Iowa Code chapter 252B. 98.121(1) Difficult-to-collect arrearage. A difficult-to-collect arrearage is one based upon a court or administrative order which meets all the following criteria: a. There is no order for current support and only an arrearage is owing. b. There has been no payment, except for federal or state tax refund offset payments, in the past three months. c. There is no valid reason for exemption from the referral and surcharge process. Valid reasons for exemption and acceptable verification are those listed in subrules 98.102(1), 98.102(3), and 98.102(6). Upon verification of those conditions, the child support recovery unit shall bypass or exempt the obligor’s arrearages from the referral and surcharge process. When the information to verify the exemption is not available to the child support recovery unit through online sources, the child support recovery unit shall request, and the obligor shall provide, verification of the reason for exemption. 98.121(2) Notice of the possibility of referral and surcharge. The child support recovery unit shall provide notice of the possibility of a referral and surcharge to the obligor as required by 1997 Iowa Acts, House File 612, section 244Iowa Code chapter 252B. The notice shall be provided at least 15 days before the unit sends the notice of referral and surcharge to the obligor, subject to the following: a. Notification contained in order.When the support order under which the arrearage has accrued contains language advising of statutory provisions for referral and surcharge, no other preliminary notice shall be required. b. Notification issued by the child support recovery unit.When the support order under which the arrearage has accrued does not contain language regarding the statutory provisions for referral and surcharge, or was entered under a foreign jurisdiction and notification was not included in the support order or provided as a separate written notice, the child support recovery unit shall issue a notice to the obligor. The notice shall be sent by regular mail to the obligor’s last-known address. 98.121(3) Notice of referral and surcharge. The child support recovery unit shall send notice of a referral and surcharge to the obligor by regular mail to the obligor’s last-known address, with proof of service completed according to Rule of Civil Procedure 821.442. The notice shall contain all the information required by 1997 Iowa Acts, House File 612, section 244Iowa Code chapter 252B. The notice shall be sent at least 30 days before the unit refers the arrearage to the collection entity. 98.121(4) Contesting the referral and surcharge. An obligor may contest the referral and surcharge. The right to contest is limited to a mistake of fact including but not limited to a mistake in the identity of the obligor, a mistake as to whether there was a payment in the three months before the date of the notice specified in subrule 98.121(3), a mistake as to whether an exemption in paragraph 98.121(1)“c” applies, or a mistake in the amount of arrearages. a. An obligor may contest the referral and surcharge by submitting a written request for a review to the unit within 20 days of the date on the notice of referral and surcharge specified in subrule 98.121(3). Upon receipt of a written request for review, the unit shall follow the criteria and procedures specified in 1997 Iowa Acts, House File 612, section 244,Iowa Code chapter 252B for resolving the request. (1) If the unit determines there is a mistake in the identity of the obligor, if there was a payment, other than a federal or state income tax offset, within the three months before the date of the notice specified in subrule 98.121(3), or if there is another mistake of fact and the arrearage does not meet the criteria for referral, the unit shall issue a written notice to the contestant or obligor of the determination and not refer the arrearages. If the unit later determines an arrearage may be subject to referral, it shall issue a new notice as provided in subrule 98.121(3). (2) If the unit determines there was a mistake in the amount of arrearages, but the corrected amount of arrearages will still be referred, or if the unit determines there is no mistake of fact, the unit shall issue a written notice of the determination of the review to the obligor by regular mail to the last-known address of the obligor. The notice shall include the amount of the arrearages that will be referred and the surcharge which will be assessed. The notice shall also include information on requesting an additional review by the bureau chief, and on requesting a judicial hearing. For purposes of this rule, bureau chief shall mean “bureau chief” as defined in rule 441—95.1(252B). b. An obligor may contest the notice of determination of review by submitting a written request for an additional review by the bureau chief within 20 days of the date of the notice of determination of the review issued under paragraph “a.” Upon receipt of the written request for additional review, the bureau chief shall review the facts of the case. (1) If the bureau chief determines a mistake in the identity of the obligor has occurred, if there was a payment, other than a federal or state income tax offset, within the three months before the date of the notice specified in subrule 98.121(3), or if there is another mistake of fact and the arrearage does not meet the criteria for referral, the bureau chief shall issue a written notice to the contestant or obligor of the determination and the arrearages shall not be referred. If the unit later determines an arrearage may be subject to referral, it shall issue a new notice as provided in subrule 98.121(3). (2) If the bureau chief determines that there was a mistake in the amount of the arrearage but the corrected amount of arrearages will still be referred, or if there is no mistake of fact, the bureau chief shall send a written notice of the additional review determination to the obligor by regular mail to the last-known address of the obligor. The notice shall include the amount of the arrearage that will be referred and the surcharge which will be assessed. The notice shall also include information on requesting a judicial hearing. c. Following the issuance of a notice of determination of a review under paragraph 98.121(4)“a,” or issuance of a notice of determination of an additional review under paragraph 98.121(4)“b,” the obligor may request a district court hearing. The obligor shall make a request by sending a written request for a hearing to the unit within ten days of the date of the unit’s written determination of the review, or within ten days of the date of the bureau chief’s written determination of an additional review, whichever is later. Procedures for a district court hearing are specified in 1997 Iowa Acts, House File 612, section 244Iowa Code chapter 252B. d. The unit shall not refer arrearages and assess a surcharge until after completion of any review, additional review or judicial hearing process. 98.121(5) Referral and surcharge. a. If the obligor has not paid the arrearage, has not contested the referral, or if, following the unit’s review, the bureau chief’s additional review, and any judicial hearing, the unit, bureau chief, or court does not find a mistake of fact, the arrearage shall be referred to the collection entity. b. The amount of the arrearage referred shall be the amount that is unpaid as of the date of the referral. The amount of the surcharge shall be an amount equal to the amount of the arrearage unpaid as of the date of the referral, multiplied by the percentage specified in the contract with the collection entity. c. The child support recovery unit shall file a notice of the surcharge with the clerk of the district court in the county in which the underlying support order is filed. This rule is intended to implement 1997 Iowa Acts, House File 612, section 244Iowa Code chapter 252B.

ITEM 30. Amend rule 441—98.122(252B), introductory paragraph, as follows:

441—98.122(252B) Enforcement services by private attorney entitled to state compensation. An attorney licensed to practice law in Iowa may utilize judicial proceedings to collect support, at least a portion of which is assigned support, and be entitled to compensation by the state as provided in 1997 Iowa Acts, House File 612, section 35Iowa Code chapter 252B.

ITEM 31. Amend subrule 98.122(1) as follows: 98.122(1) Eligible cases. To be eligible for attorney services with compensation under this rule, a case must meet all of the following: a. The child support recovery unit is providing services under Iowa Code chapter 252B. b. The current support obligation is terminated and only arrearages are due under the administrative or court order. c. There has been no payment under any order in the case for at least a 12-month period prior to the provision of the notice from the attorney to the unit under paragraph 98.122(1)“f.” d. At least a portion of the arrearages due under any order in the case is assigned to the state because cash assistance was paid under 1997 Iowa Acts, Senate File 516, sections 2 through 24 and 35Iowa Code chapter 252B. e. The case does not have any of the following characteristics: (1) There has been a finding of good cause or other exception pursuant to Iowa Code section 252B.3 as amended by 1997 Iowa Acts, House File 612, section 26. (2) A portion of the arrears is assigned to another state because of public assistance provided by that state. (3) Another attorney has already notified the unit of the intent to initiate a judicial proceeding to collect support due under any order in the same case under this rule, and either the time to receive the collection has not expired or the unit has not received a notice from the other attorney that the judicial proceeding has concluded prior to the expiration of the time period. (4) If the notice from the attorney under paragraph 98.122(1)“f” specifies contempt of court as the judicial proceeding, and the unit has generated a seek employment order to the obligor under Iowa Code section 252B.21 less than nine months prior to the date on the notice from the attorney. (5) The case or arrearages have been referred by the child support recovery unit to a collection entity under Iowa Code section 252B.5, subsection 3, as amended by 1997 Iowa Acts, House File 612, section 30, or 1997 Iowa Acts, House File 612, section 244,252B.5(3) less than nine months prior to the date on the notice from the attorney. (6) The obligor has filed for bankruptcy and collection activities are stayed. (7) The notice from the attorney under paragraph 98.122(1)“f” lists a specific judicial proceeding and the unit has already initiated the same type of proceeding in court. (8) The case has been referred to the U.S. Attorney’s office and is still pending at that office. f. The attorney has provided written notice to the central office of the child support recovery unit in Des Moines, as specified in subrule 98.122(2), and to the last-known address of the obligee of the intent to initiate a specified judicial proceeding to collect support on any identified court or administrative order involving the obligor and obligee in the case. g. The attorney has provided documentation of insurance to the unit as required by 1997 Iowa Acts, House File 612, section 35Iowa Code chapter 252B. h. The collection must be received by the collection services center within 90 days of the notice from the attorney in paragraph 98.122(1)“f,” or within a subsequent 90-day extension period.

ITEM 32. Amend paragraph 98.122(2)"c" as follows: c. If the case is eligible under this rule, the attorney may initiate judicial proceedings after 30 days after providing the notice tothe child support recovery unit in paragraph 98.122(2)“a.” Section 35 of 1997 Iowa Acts, House File 612,Iowa Code chapter 252B defines “judicial proceedings.”

ITEM 33. Amend subrule 98.122(3) as follows: 98.122(3) Collection and payment to attorney. a. Upon compliance with the requirements of 1997 Iowa Acts, House File 612, section 35,Iowa Code chapter 252B and this rule, the attorney shall be entitled to compensation from the state as provided for in this rule. b. Upon receipt of a file-stamped copy of a court order which identifies the amount of support collected as a result of the judicial proceeding and which does not order the payment of attorney fees by the obligor, and the receipt of the collection by the collection services center, all the following apply: (1) Section 35 of 1997 Iowa Acts, House File 612,Iowa Code chapter 252B specifies the formula to calculate the compensation due the attorney from the state. The child support recovery unit shall calculate the compensation due the attorney based upon the amount of support which is credited to arrearages due the state at the time the collection is received by the collection services center. After calculating the amount due the attorney, the unit shall reduce the amount due the attorney by the amount of any penalty or sanction imposed upon the state as a result of any other judicial proceeding initiated by that attorney under 1997 Iowa Acts, House File 612, section 35Iowa Code chapter 252B. The child support recovery unit shall send the attorney a notice of the amount of the compensation due from the state. (2) The collection services center shall disburse any support due an obligee prior to payment of compensation to the attorney. (3) The child support recovery unit shall not authorize disbursement of compensation to the attorney until the later of 30 days after receipt of the collection and the file-stamped copy of the order, or resolution of any timely appeal by the obligor or obligee. (4) The amount of compensation due the attorney is subject to judicial review upon application to the court by the attorney.

ITEM 34. Amend rule 441—98.122(252B), implementation sentence, as follows: This rule is intended to implement 1997 Iowa Acts, House File 612, section 35Iowa Code chapter 252B.ARC 6651CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to initial licensure and licensure reactivation and providing an opportunity for public comment

The Board of Behavioral Science hereby proposes to amend Chapter 31, “Licensure of 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 proposed under the authority provided in Iowa Code section 154D.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 154D.3.Purpose and Summary This proposed rule making changes the process of applying for endorsement by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant was most recently licensed, by requiring an applicant to disclose public or pending complaints in any other jurisdiction, and by removing notary requirements.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18. Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Tony Alden Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.4401 Fax: 515.281.3121 Email: tony.alden@idph.iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 7, 2022 8:30 to 9 a.m. Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Rescind paragraph 31.6(3)"b".

ITEM 2. Reletter paragraph 31.6(3)"c" as 31.6(3)"b".

ITEM 3. Amend paragraph 31.8(1)"f", introductory paragraph, as follows: f. Provides verification(s)verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:

ITEM 4. Amend subrule 31.16(3) as follows: 31.16(3) Provide verification of current competence to practice mental health counseling or marital and family therapy by satisfying one of the following criteria: a. If the license has been on inactive status for five years or less, an applicant must provide the following: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

Licensee’s name;
Date of initial licensure;
Current licensure status; and
Any disciplinary action taken against the license; and

(2) Verification of completion of 40 hours of continuing education obtained within the two years immediately preceding the application for reactivationor verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation. b. If the license has been on inactive status for more than five years, an applicant must provide the following: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

Licensee’s name;
Date of initial licensure;
Current licensure status; and
Any disciplinary action taken against the license; and

(2) Verification of completion of 80 hours of continuing education obtained within the two years immediately preceding the application for reactivationor verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation.ARC 6665CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to licensure and providing an opportunity for public comment

The Board of Chiropractic hereby proposes to amend Chapter 41, “Licensure of Chiropractic Physicians,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 147.76 and 151.11.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 151.Purpose and Summary These proposed amendments change the process of applying for endorsement by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant was most recently licensed, by requiring an applicant to disclose public or pending complaints in any other jurisdiction, and by removing notary requirements.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to:Susan Reynolds Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.5234 Fax: 515.281.3121 Email: susan.reynolds@idph.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows:December 7, 2022 8:30 to 9 a.m.Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend paragraph 41.4(2)"b" as follows: b. Provide a notarized copy of the certificate or diploma awarded to the applicant from a chiropractic program in the country in which the applicant was educated.

ITEM 2. Amend paragraph 41.6(2)"c" as follows: c. Provides a notarized copy of the diploma (no larger than 8 ½ ″ × 11″) along with an official copy of the transcript from a CCE-accredited and board-approved chiropractic school sent directly from the school to the board office;

ITEM 3. Amend paragraph 41.6(2)"e", introductory paragraph, as follows: e. Provides verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:ARC 6662CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to licensure and continuing education and providing an opportunity for public comment

The Board of Cosmetology Arts and Sciences hereby proposes to amend Chapter 60, “Licensure of Cosmetologists, Electrologists, Estheticians, Manicurists, Nail Technologists, and Instructors of Cosmetology Arts and Sciences,” and Chapter 64, “Continuing Education for Cosmetology Arts and Sciences,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 147.76, 157.14 and 272C.16.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 147 and 157 and section 272C.16.Purpose and Summary This proposed rule making changes the process of applying for endorsement by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant most recently held a license and disclose public or pending complaints in any other jurisdiction. The proposed amendments remove the name and website of the examination administrator and update the definition of “independent study” by removing the requirement for a posttest.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Venus Vendoures Walsh Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.242.6529 Email: venus.vendoures-walsh@idph.iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 7, 2022 8:30 to 9 a.m. Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend subparagraph 60.2(1)"f" as follows: (1) The applicant shall submit the test registration fee directly to the test service PSI at www.psiexams.com. NIC examinations are administered according to guidelines set forth by the National-Interstate Council of State Boards of Cosmetology.

ITEM 2. Amend subrule 60.7(2), introductory paragraph, as follows: 60.7(2) Applicants shall provide verification of license(s)license in a cosmetology practice discipline from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

ITEM 3. Amend subrule 60.17(3) as follows: 60.17(3) Provide verification of current competence to practice cosmetology arts and sciences by satisfying one of the following criteria: a. If the license has been on inactive status for five years or less, an applicant must provide the following: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

Licensee’s name;
Date of initial licensure;
Current licensure status; and
Any disciplinary action taken against the license; and

(2) Verification of completion of 6 hours of continuing education that meet the continuing education standards defined in rule 645—64.3(157,272C) within two years of application for reactivation; or verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation. b. If the license has been on inactive status for more than five years, an applicant must provide the following: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

Licensee’s name;
Date of initial licensure;
Current licensure status; and
Any disciplinary action taken against the license; and

(2) Verification of completion of 12 hours of continuing education that meet the continuing education standards defined in rule 645—64.3(157,272C) within two years of application for reactivation; or verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation. (3) Rescinded IAB 11/21/07, effective 1/1/08.

ITEM 4. Adopt the following new subrule 60.17(5): 60.17(5) Submit a sworn statement of previous cosmetology arts and sciences practice from an employer or professional associate, detailing places and dates of employment and verifying that the applicant has practiced cosmetology arts and sciences at least 2,080 hours or taught as the equivalent of a full-time faculty member for at least one of the immediately preceding years during the last two-year time period. Sole proprietors may submit the sworn statement on their own behalf.

ITEM 5. Amend rule 645—64.1(157), definition of “Independent study,” as follows: "Independent study" means a subject/program/activity that a person pursues autonomously that meets standards for approval criteria in the rules and includes a posttest.ARC 6655CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to licensure and continuing education and providing an opportunity for public comment

The Board of Dietetics hereby proposes to amend Chapter 81, “Licensure of Dietitians,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapters 147 and 152A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 147 and 152A.Purpose and Summary This proposed rule making changes the process of applying for endorsement by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant was most recently licensed and disclose public or pending complaints in any other jurisdiction. This rule making also allows for the verification of active practice in lieu of continuing education during reactivation.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to:Janelle Larson Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.725.2488 Fax: 515.281.3121 Email: janelle.larson@idph.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows:December 7, 2022 8:30 to 9 a.m.Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend rule 645—81.7(152A) as follows:

645—81.7(152A) Licensure by endorsement. An applicant who has been a licensed dietitian 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:

Submits to the board a completed application;
Pays the licensure fee;
Shows evidence of licensure requirements that are similar to those required in Iowa;
Provides a copy of the Commission on Dietetic Registration (CDR) registration card or an alternate form of verification of passing the registration examination, as stated in 81.4(4)“a”; and
Provides verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:

Licensee’s name;

Date of initial licensure;

Current licensure status; and

Any disciplinary action taken against the license.

ITEM 2. Amend subparagraph 81.15(3)"a", introductory paragraph, as follows: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

ITEM 3. Amend subparagraph 81.15(3)"a" as follows: (2) Verification of completion of 30 hours of continuing education within two years of the application for reactivationor verification of active practice, consisting of at least 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation.

ITEM 4. Amend subparagraph 81.15(3)"b", introductory paragraph, as follows: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

ITEM 5. Amend subparagraph 81.15(3)"b" as follows: (2) Verification of completion of 60 hours of continuing education within two years of application for reactivationor verification of active practice, consisting of at least 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation.ARC 6663CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to licensure and providing an opportunity for public comment

The Board of Mortuary Science hereby proposes to amend Chapter 101, “Licensure of Funeral Directors, Funeral Establishments, and Cremation Establishments,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 147.44.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 147 and 156.Purpose and Summary Iowa Code section 17A.7 requires each state agency to conduct a comprehensive review of all of the agency’s rules to eliminate outdated and redundant rules. These proposed amendments are made to update the Board’s rules to align with current Professional Licensure Division practices. The proposed amendments remove the notarization requirement for foreign-trained funeral directors and update the process for verifying endorsement applications. Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Division are subject to the waiver provisions accorded under 645—Chapter 18. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Susan Reynolds Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.5234 Fax: 515.281.3121 Email: susan.reynolds@idph.iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 7, 2022 8:30 to 9 a.m. Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via Telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend paragraph 101.2(3)"b" as follows: b. Provide a notarized copy of the certificate or diploma awarded to the applicant from a mortuary science program in the country in which the applicant was educated.

ITEM 2. Amend subrule 101.6(3), introductory paragraph, as follows: 101.6(3) The applicant shall provide verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:ARC 6649CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to initial licensure and licensure reactivation and providing an opportunity for public comment

The Board of Hearing Aid Specialists hereby proposes to amend Chapter 121, “Licensure of Hearing Aid Specialists,” 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 154A.Purpose and Summary This proposed rule making changes the process of applying for endorsement by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant was most recently licensed. The proposed amendments also require the applicant to disclose public or pending complaints in any other jurisdiction in which the applicant is licensed.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Jessica O’Brien Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.6352 Email: jessica.o’brien@idph.iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 7, 2022 8:30 to 9 a.m. Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:

ITEM 1. Amend paragraph 121.6(1)"d" as follows: d. Provides verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office. The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. 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.ARC 6650CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to licensure and continuing education hours and providing an opportunity for public comment

The Board of Massage Therapy hereby proposes to amend Chapter 131, “Licensure of Massage Therapists,” and Chapter 133, “Continuing Education for Massage Therapists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 152C.3 as amended by 2022 Iowa Acts, House File 2168, and section 272C.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 152C.3 as amended by 2022 Iowa Acts, House File 2168, and section 272C.2.Purpose and Summary This proposed rule making relates to the Professional Licensure Division’s rule making related to easing certain licensure requirements. This proposed rule making amends the Board’s continuing education rules to allow a minimum of eight hours earned by completing a program in which instruction is provided either in person or through live, real-time interactive media. Rather than require minimum in-person hours, the Board will instead strongly encourage all licensees to obtain in-person instruction whenever feasible, especially when learning new techniques. These amendments also include divisionwide changes to require submitting proof of licensure only for the state where the licensee was most recently licensed and to remove the diploma notarization requirement for foreign-educated massage therapists.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Janelle Larson Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.725.2488 Fax: 515.281.3121 Email: janelle.larson@idph.iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 7, 2022 8:30 to 9 a.m. Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend paragraph 131.2(1)"e", introductory paragraph, as follows: e. If the applicant has been issued one or more licenses to practice massage therapy by other issuing jurisdictions, verification of licenseslicense from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the issuing jurisdictionsjurisdiction to the board.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from the jurisdiction’s board office if the verification provides:

ITEM 2. Amend subrule 131.3(2) as follows: 131.3(2) Provide a notarized copy of the certificate or diploma awarded to the applicant from a massage therapy program in the country in which the applicant was educated.

ITEM 3. Amend paragraph 131.4(2)"f", introductory paragraph, as follows: f. Verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the issuing jurisdiction(s)jurisdiction to the board. The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from the issuing jurisdiction’s board office if the verification provides:

ITEM 4. Amend paragraph 131.6(1)"c", introductory paragraph, as follows: c. Verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the issuing jurisdiction(s)jurisdiction to the board. The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification provides:

ITEM 5. Amend subparagraph 131.9(2)"c", introductory paragraph, as follows: (2) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

ITEM 6. Amend subparagraph 131.9(2)"d", introductory paragraph, as follows: (3) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

ITEM 7. Amend subrule 133.3(2), introductory paragraph, as follows: 133.3(2) Specific criteria. A licensee shall obtain a minimum of 16 hours of continuing education credit every two years. A minimum of 8 hours of the 16 hours must be hands-on trainingearned by completing a program in which instruction is provided in person or through live, real-time interactive media. Although in-person continuing education instruction is not required, the board strongly encourages all licensees to obtain in-person instruction whenever feasible, especially when learning new techniques. A maximum of 8 hours of the 16 hours may be independent study. Licensees may obtain continuing education hours of credit by: ARC 6657CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to initial licensure and licensure reactivation and providing an opportunity for public comment

The Board of Nursing Home Administrators hereby proposes to amend Chapter 141, “Licensure of Nursing Home Administrators,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 147.76.Purpose and Summary These proposed amendments change the process of applying for endorsement by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant was most recently licensed, by requiring the applicant to disclose public or pending complaints in any other jurisdiction in which the applicant is licensed, and by removing notary requirements.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Jessica O’Brien Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.6352 Email: jessica.o’brien@idph.iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 7, 2022 8:30 to 9 a.m. Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend paragraph 141.4(3)"b" as follows: b. Provide a notarized copy of the certificate or diploma awarded to the applicant from a nursing home administration program in the country in which the applicant was educated.

ITEM 2. Amend paragraph 141.7(1)"e", introductory paragraph, as follows: e. Provides verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:

ITEM 3. Amend subrule 141.15(3) as follows: 141.15(3) Provide verification of current competence to practice as a nursing home administrator by satisfying the following criteria: a. Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes: (1) Licensee’s name; (2) Date of initial licensure; (3) Current licensure status; and (4) Any disciplinary action taken against the license; and b. Verification of completion of 40 hours of continuing education within two years of the application for reactivationor verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation.ARC 6656CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to initial licensure and licensure reactivation and providing an opportunity for public comment

The Board of Optometry hereby proposes to amend Chapter 180, “Licensure of Optometrists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 154.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 154.Purpose and Summary These proposed amendments change the process of applying for endorsement by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant was most recently licensed. The proposed amendments also require the applicant to disclose public or pending complaints in any other jurisdiction in which the applicant is licensed.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to:Jessica O’Brien Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.6352 Email: jessica.o’brien@idph.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows:December 7, 2022 8:30 to 9 a.m.Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend paragraph 180.3(1)"b" as follows: b. Verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed showing the licensee’s name, date of initial licensure, current licensure status, and any disciplinary action taken against the license.practicing during the time period in which the Iowa license was inactive sent directly from the jurisdiction to the board office. The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes: (1) Licensee’s name; (2) Date of initial licensure; (3) Current licensure status; and (4) Any disciplinary action taken against the license.

ITEM 2. Amend subrule 180.11(2) as follows: 180.11(2) Verification of license(s)license from everythe jurisdiction in which the licenseeapplicant hasmost recently been licensed showing the licensee’s name, date of initial licensure, current licensure status, and any disciplinary action taken against the license.practicing during the time period in which the Iowa license was inactive sent directly from the jurisdiction to the board office. The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes: a. Licensee’s name; b. Date of initial licensure; c. Current licensure status; and d. Any disciplinary action taken against the license.ARC 6661CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to initial licensure and licensure reactivation and providing an opportunity for public comment

The Board of Physical and Occupational Therapy hereby proposes to amend Chapter 200, “Licensure of Physical Therapists and Physical Therapist Assistants,” Chapter 203, “Continuing Education for Physical Therapists and Physical Therapist Assistants,” Chapter 206, “Licensure of Occupational Therapists and Occupational Therapy Assistants,” and Chapter 207, “Continuing Education for Occupational Therapists and Occupational Therapy Assistants,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapters 147, 148A and 148B and section 272C.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 148A and 148B.Purpose and Summary This proposed rule making amends the Board’s requirements for applying for endorsement and reactivation of licensure by requiring an applicant to only provide verification of licensure from the jurisdiction in which the applicant was most recently licensed and disclose public or pending complaints in any other jurisdiction. These proposed amendments also update the definitions of “hour of continuing education” and “independent study” and remove the requirement for a posttest.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Venus Vendoures Walsh Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.242.6529 Email: venus.vendoures-walsh@idph.iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 7, 2022 8:30 to 9 a.m. Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend paragraph 200.7(1)"g", introductory paragraph, as follows: g. Provide verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:

ITEM 2. Amend subrule 200.15(3) as follows: 200.15(3) Provide verification of current competence to practice physical therapy by satisfying one of the following criteria: a. If the license has been on inactive status for five years or less, an applicant must provide the following: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

Licensee’s name;
Date of initial licensure;
Current licensure status; and
Any disciplinary action taken against the license; and

(2) Verification of completion of 20 hours of continuing education for a physical therapy assistant and 40 hours of continuing education for a physical therapist within two years of application for reactivation; or verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation. b. If the license has been on inactive status for more than five years, an applicant must provide the following: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

Licensee’s name;
Date of initial licensure;
Current licensure status; and
Any disciplinary action taken against the license; and

(2) Verification of completion of 40 hours of continuing education for a physical therapy assistant and 80 hours of continuing education for a physical therapist within two years of application for reactivation; verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation; or evidence of successful completion of the professional examination required for initial licensure completed within one year prior to the submission of an application for reactivation.

ITEM 3. Amend rule 645—203.1(272C), definitions of “Hour of continuing education” and “Independent study,” as follows: "Hour of continuing education" means at least 50 minutes spent by a licensee in actual attendance at and completion ofcompleting an approved continuing education activitythrough live, virtual, online or prerecorded means where the instructor provides proof of completion by the licensee as set forth in these rules. "Independent study" means a subject/program/activity that a person pursues autonomously and that meets standards for approval criteria in the rules and includes a posttest.

ITEM 4. Amend rule 645—206.9(147) as follows:

645—206.9(147) Licensure by endorsement. An applicant who has been a licensed occupational therapist or occupational therapy assistant under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia, another state, territory, province or foreign country who:

Submits to the board a completed application;
Pays the licensure fee;
Shows evidence of licensure requirements in the jurisdiction in which the applicant has been licensed that are similar to those required in Iowa;
Submits official results from the appropriate professional examination sent directly from the examination service to the board;
Provides official copies of the academic transcripts sent directly from the school to the board;
Provides verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if it provides:
Licensee’s name;
Date of initial licensure;
Current licensure status; and
Any disciplinary action taken against the license; and
Shows evidence of one of the following:
Completion of 30 hours for an occupational therapist and 15 hours for an occupational therapy assistant of board-approved continuing education during the immediately preceding two-year period;
The practice of occupational therapy for a minimum of 2,080 hours during the immediately preceding two-year period as a licensed occupational therapist or occupational therapy assistant;
Serving as a full-time equivalent faculty member teaching occupational therapy in an accredited school of occupational therapy for at least one of the immediately preceding two years; or
Successfully passing the examination within a period of two years from the date of examination to the time application is completed for licensure.

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 5. Amend subrule 206.11(3) as follows: 206.11(3) Provide verification of current competence to practice occupational therapy by satisfying one of the following criteria: a. If the license has been on inactive status for five years or less, an applicant must provide the following: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

Licensee’s name;
Date of initial licensure;
Current licensure status; and
Any disciplinary action taken against the license; and

(2) Verification of completion of 15 hours of continuing education for an occupational therapy assistant and 30 hours of continuing education for an occupational therapist within two years of application for reactivation; or verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation. b. If the license has been on inactive status for more than five years, an applicant must provide the following: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

Licensee’s name;
Date of initial licensure;
Current licensure status; and
Any disciplinary action taken against the license; and

(2) Verification of completion of 30 hours of continuing education for an occupational therapy assistant and 60 hours of continuing education for an occupational therapist within two years of application for reactivation; verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation; or evidence of successful completion of the professional examination required for initial licensure completed within one year prior to the submission of an application for reactivation.

ITEM 6. Amend rule 645—207.1(148B), definitions of “Hour of continuing education” and “Independent study,” as follows: "Hour of continuing education" means at least 50 minutes spent by a licensee in actual attendance at and completion ofcompleting an approved continuing education activitythrough live, virtual, online or prerecorded means where the instructor provides proof of completion by the licensee as set forth in these rules. "Independent study" means a subject/program/activity that a person pursues autonomously and that meets standards for approval criteria in the rules and includes a posttest.ARC 6653CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to initial licensure and licensure reactivation and providing an opportunity for public comment

The Board of Podiatry hereby proposes to amend Chapter 220, “Licensure of Podiatrists,” and Chapter 221, “Licensure of Orthotists, Prosthetists, and Pedorthists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapters 148F and 149.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 148F and 149.Purpose and Summary This proposed rule making changes the process of applying for endorsement by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant was most recently licensed, by requiring an applicant to disclose public or pending complaints in any other jurisdiction, and by removing notary requirements.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Janelle Larson Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.725.2488 Fax: 515.281.3121 Email: janelle.larson@idph.iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 7, 2022 8:30 to 9 a.m. Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend paragraph 220.4(2)"b" as follows: b. Provide a notarized copy of the certificate or diploma awarded to the applicant from a podiatry program in the country in which the applicant was educated.

ITEM 2. Amend paragraph 220.6(2)"f", introductory paragraph, as follows: f. Request verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:

ITEM 3. Amend paragraph 220.7(1)"e", introductory paragraph, as follows: e. Provides verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:

ITEM 4. Amend subparagraph 220.15(3)"a", introductory paragraph, as follows: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

ITEM 5. Amend subparagraph 220.15(3)"a" as follows: (2) Verification of completion of 40 hours of continuing education within two years of application for reactivationor verification of active practice, consisting of at least 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation.

ITEM 6. Amend subparagraph 220.15(3)"b", introductory paragraph, as follows: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

ITEM 7. Amend subparagraph 220.15(3)"b" as follows: (2) Verification of completion of 80 hours of continuing education within two years of application for reactivationor verification of active practice, consisting of at least 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation.

ITEM 8. Amend paragraph 221.6(1)"f", introductory paragraph, as follows: f. Provides verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:

ITEM 9. Amend subparagraph 221.8(3)"a", introductory paragraph, as follows: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

ITEM 10. Amend subparagraph 221.8(3)"a" as follows: (2) Verification of completion of:

For orthotists or prosthetists, 30 hours of continuing education within two years of application for reactivationor verification of active practice, consisting of at least 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation.
For pedorthists, 20 hours of continuing education within two years of application for reactivationor verification of active practice, consisting of at least 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation.

ITEM 11. Amend subparagraph 221.8(3)"b", introductory paragraph, as follows: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:ARC 6654CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to licensure and continuing education and providing an opportunity for public comment

The Board of Respiratory Care and Polysomnography hereby proposes to amend Chapter 261, “Licensure of Respiratory Care Practitioners, Polysomnographic Technologists, and Respiratory Care and Polysomnography Practitioners,” and Chapter 262, “Continuing Education for Respiratory Care Practitioners and Polysomnographic Technologists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapters 148G, 152B and 272C and section 147.76.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 147, 148G, 152B and 272C.Purpose and Summary This proposed rule making changes the process of applying for endorsement by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant was most recently licensed, by requiring the applicant to disclose public or pending complaints in any other jurisdiction, and by removing notary requirements. This rule making also allows for the verification of active practice in lieu of continuing education during reactivation. This rule making also updates the definitions of “hour of continuing education” and “independent study” and removes the requirement for a posttest.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18. Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Janelle Larson Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.725.2488 Fax: 515.281.3121 Email: janelle.larson@idph.iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 7, 2022 8:30 to 9 a.m. Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend paragraph 261.2(1)"g", introductory paragraph, as follows: g. An applicant who has been a licensed respiratory care practitioner, polysomnographic technologist, or respiratory care and polysomnography practitioner under the laws of another jurisdiction shall provide verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed. Verification shall be sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:

ITEM 2. Amend paragraph 261.3(2)"b" as follows: b. Provide a notarized copy of the certificate or diploma awarded to the applicant from a respiratory care program in the country in which the applicant was educated.

ITEM 3. Amend paragraph 261.3(5)"b" as follows: b. A notarized copy of a certificate showing proof of the successful achievement of the certified respiratory therapist (CRT) or registered respiratory therapist (RRT) credential awarded by the NBRC is submitted to the board; or

ITEM 4. Amend paragraph 261.3(5)"c" as follows: c. A notarized copy of the score report or an electronic web-based confirmation by the NBRC showing proof of successful completion is submitted to the board.

ITEM 5. Amend paragraph 261.4(6)"b" as follows: b. Provide a notarized copy of the certificate or diploma awarded to the applicant from a respiratory care program in the country in which the applicant was educated.

ITEM 6. Amend subparagraph 261.5(1)"a" as follows: (2) Provide a notarized copy of the certificate or diploma awarded to the applicant from the program in the country in which the applicant was educated.

ITEM 7. Amend subparagraph 261.5(1)"b" as follows: (2) Results of the examinations must be received by the board of respiratory care and polysomnography by one of the following methods:

Scores are sent directly from the examination service to the board;
A notarized copy of a certificate showing proof of the successful achievement of the certified respiratory therapist (CRT) or registered respiratory therapist (RRT) credential awarded by the NBRC is submitted to the board; or
A notarized copy of the score report or an electronic web-based confirmation by the NBRC showing proof of successful completion of the Therapist Multiple-Choice Examination, State Clinical Examination, or Certified Respiratory Therapist Examination administered by the NBRC is submitted to the board.

ITEM 8. Amend subparagraph 261.14(4)"a", introductory paragraph, as follows: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

ITEM 9. Amend subparagraph 261.14(4)"a", introductory paragraph, as follows: (2) Verification of completion of continuing education that conforms to standards defined in 645—262.3(148G,152B,272C) within 24 months immediately preceding submission of the application for reactivation; or verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction within 24 months immediately preceding an application for reactivation.

ITEM 10. Amend subparagraph 261.14(4)"b", introductory paragraph, as follows: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

ITEM 11. Amend subparagraph 261.14(4)"b", introductory paragraph, as follows: (2) Verification of completion of continuing education that conforms to standards defined in 645—262.3(148G,152B,272C) within 24 months immediately preceding submission of the application for reactivation; or verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction within 24 months immediately preceding an application for reactivation.

ITEM 12. Adopt the following new subrule 261.14(5): 261.14(5) Submit a sworn statement of previous active practice from an employer or professional associate, detailing places and dates of employment and verifying that the applicant has practiced at least 2,080 hours or taught as the equivalent of a full-time faculty member for at least one of the immediately preceding years during the last two-year time period. Sole proprietors may submit the sworn statement on their own behalf.

ITEM 13. Amend rule 645—262.1(148G,152B,272C), definitions of “Hour of continuing education” and “Independent study,” as follows: "Hour of continuing education" means at least 50 minutes spent by a licensee in actual attendance at and completion of approved continuing education activitycompleting an approved continuing education activity through live, virtual, online or prerecorded means where the instructor provides proof of completion by the licensee as set forth in these rules. "Independent study" means a subject/program/activity that a person pursues autonomously that meets standards for approval criteria in the rules and includes a posttest.

ITEM 14. Amend subrule 262.2(1) as follows: 262.2(1) The biennial continuing education compliance period shall extend for a two-year period beginning on April 1 of each even-numbered year and ending on March 31 of the next even-numbered year. Each biennium, the licensee shall be required to complete continuing education that meets the requirements specified in rule 645—262.3(148G,152B,272C). a. For respiratory care practitioner licensees: complete a minimum of 24 hours of continuing education. Twelve of the 24 hours of continuing education shall be earned by completing a program in which the instructor conducts the class in person or by employing an electronic technology that allows for real-time communication between the instructor and licensee. b. For respiratory care and polysomnography practitioner licensees: complete a minimum of 24 hours of continuing education. Twelve of the 24 hours of continuing education shall be earned by completing a program in which the instructor conducts the class in person or by employing an electronic technology that allows for real-time communication between the instructor and licensee. At least 8 hours but not more than 12 hours shall be on sleep-related topics. c. For polysomnographic technologist licensees: complete a minimum of 24 hours of continuing education. Twelve of the 24 hours of continuing education shall be earned by completing a program in which the instructor conducts the class in person or by employing an electronic technology that allows for real-time communication between the instructor and licensee.ARC 6652CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to initial licensure and licensure reactivation and providing an opportunity for public comment

The Board of Social Work hereby proposes to amend Chapter 280, “Licensure of Social Workers,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 154C.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 154C.4.Purpose and Summary This proposed rule making changes the process of applying for endorsement by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant was most recently licensed, by requiring an applicant to disclose public or pending complaints in any other jurisdiction, and by removing notary requirements.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Tony Alden Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.4401 Fax: 515.281.3121 Email: tony.alden@idph.iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 7, 2022 8:30 to 9 a.m. Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Rescind paragraph 280.5(4)"b".

ITEM 2. Reletter paragraph 280.5(4)"c" as 280.5(4)"b".

ITEM 3. Amend paragraph 280.7(1)"f", introductory paragraph, as follows: f. Provides verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:

ITEM 4. Amend subrule 280.14(3) as follows: 280.14(3) Provide verification of current competence to practice social work by satisfying one of the following criteria: a. If the license has been on inactive status for five years or less, an applicant must provide the following: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

Licensee’s name;
Date of initial licensure;
Current licensure status; and
Any disciplinary action taken against the license; and

(2) Verification of completion of 27 hours of continuing education within two years of application for reactivationor verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation. b. If the license has been on inactive status for more than five years, an applicant must provide the verifications in both subparagraphs (1) and (2) below plus the verification in either subparagraphs (3) or (4) below. (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

Licensee’s name;
Date of initial licensure;
Current licensure status; and
Any disciplinary action taken against the license; and

Bachelor level social worker – the bachelor’s level examination; or
Master level social worker – the master’s level examination; or
Independent level social worker – the clinical level examination; or

(4) Verification of continued social work practice at the appropriate or higher level in another state for a minimum of two years immediately preceding the application for reactivation.ARC 6658CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to initial licensure and licensure reactivation and providing an opportunity for public comment

The Board of Speech Pathology and Audiology hereby proposes to amend Chapter 300, “Licensure of Speech Pathologists and Audiologists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 154F.Purpose and Summary These proposed amendments change the process of applying for endorsement by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant was most recently licensed. The proposed amendments also require the applicant to disclose public or pending complaints in any other jurisdiction in which the applicant is licensed.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Jessica O’Brien Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.6352 Email: jessica.o’brien@idph.iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 7, 2022 8:30 to 9 a.m. Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:

ITEM 1. Amend paragraph 300.9(2)"b", introductory paragraph, as follows: b. Verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification sent directly from the jurisdiction’s board office if the verification provides:ARC 6664CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to licensure and providing an opportunity for public comment

The Board of Physician Assistants hereby proposes to amend Chapter 326, “Licensure of Physician Assistants,” 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 148C.Purpose and Summary These proposed amendment changes the process of applying for endorsement by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant was most recently licensed and disclose public or pending complaints in any other jurisdiction.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Susan Reynolds Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.5234 Fax: 515.281.3121 Email: susan.reynolds@idph.iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 7, 2022 8:30 to 9 a.m. Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:

ITEM 1. Amend subrule 326.4(5), introductory paragraph, as follows: 326.4(5) Provide verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:ARC 6660CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to licensure and continuing education and providing an opportunity for public comment

The Board of Athletic Training hereby proposes to amend Chapter 351, “Licensure of Athletic Trainers,” and Chapter 352, “Continuing Education for Athletic Trainers,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 147.76, 152D.5, and 272C.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 152D and 272C.Purpose and Summary This proposed rule making amends the Board’s requirements for applying for endorsement and reactivation of licensure by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant was most recently licensed, by requiring an applicant to disclose public or pending complaints in any other jurisdiction, and by removing notary requirements. The proposed amendments also update the definition of “hour of continuing education.”Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to:Venus Vendoures Walsh Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.242.6529 Email: venus.vendoures-walsh@idph.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows:December 7, 2022 8:30 to 9 a.m.Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend paragraph 351.3(2)"b" as follows: b. Provide a notarized copy of the certificate or diploma awarded to the applicant from an athletic training program in the country in which the applicant was educated. An applicant who has passed the BOC examination is exempt from this requirement.

ITEM 2. Amend paragraph 351.7(1)"e", introductory paragraph, as follows: e. Provides verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:

ITEM 3. Amend subrule 351.15(3) as follows: 351.15(3) Provide verification of current competence to practice as an athletic trainer by satisfying one of the following criteria: a. If the license has been on inactive status for five years or less, an applicant must provide the following: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

Licensee’s name;
Date of initial licensure;
Current licensure status; and
Any disciplinary action taken against the license; and

(2) Verification of completion of 50 hours of continuing education within two years of the application for reactivationor verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation. b. If the license has been on inactive status for more than five years, an applicant must provide the following: (1) Verification of the license(s)license from everythe jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

Licensee’s name;
Date of initial licensure;
Current licensure status; and
Any disciplinary action taken against the license; and

(2) Verification of completion of 50 hours of continuing education within two years of application for reactivationor verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation; and (3) Verification of current BOC certification.

ITEM 4. Adopt the following new subrule 351.15(4): 351.15(4) Submit a sworn statement of previous practice from an employer or professional associate, detailing places and dates of employment and verifying that the applicant worked as an athletic trainer for at least 2,080 hours or taught as the equivalent of a full-time faculty member for at least one of the immediately preceding years during the last two-year time period.

ITEM 5. Amend rule 645—352.1(272C), definition of “Hour of continuing education,” as follows: "Hour of continuing education" means at least 50 minutes spent by a licensee in actual attendance at and completion ofcompleting an approved continuing education activitythrough live, virtual, online or prerecorded means where the instructor provides proof of completion by the licensee as set forth in these rules.ARC 6659CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to initial licensure and licensure reactivation and providing an opportunity for public comment

The Board of Sign Language Interpreters and Transliterators hereby proposes to amend Chapter 361, “Licensure of Sign Language Interpreters and Transliterators,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapter 154E.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 154E.Purpose and Summary These proposed amendments change the process of applying for endorsement by requiring an applicant to provide verification of licensure only from the jurisdiction in which the applicant was most recently licensed, by requiring the applicant to disclose public or pending complaints in any other jurisdiction in which the applicant is licensed, and by removing notary requirements.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Jessica O’Brien Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.6352 Email: jessica.o’brien@idph.iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 7, 2022 8:30 to 9 a.m. Via video/conference call Meeting link: us02web.zoom.us, click “join” Meeting ID: 898 2267 3476 Passcode: 507434 Via telephone: 1.312.626.6799 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend subparagraph 361.4(1)"e" as follows: (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

ITEM 2. Amend paragraph 361.4(1)"f", introductory paragraph, as follows: f. Provides verification of license(s)license from everythe jurisdiction in which the applicant hasmost recently been licensed, sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification directly from the jurisdiction’s board office if the verification provides:

ITEM 3. Amend subparagraph 361.9(3)"a", introductory paragraph, as follows: (1) Verification of the license(s)license from every jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period in which the Iowa license was inactive sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

ITEM 4. Amend subparagraph 361.9(3)"a" as follows: (2) Verification of completing 40 hours of continuing education within two years of the application for reactivationor verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation; and

ITEM 5. Amend subparagraph 361.9(3)"b", introductory paragraph, as follows: (1) Verification of the license(s)license from every jurisdiction in which the applicant is or has been licensed and is or hasmost recently been practicing during the time period in which the Iowa license was inactive sent directly from the jurisdiction(s)jurisdiction to the board office.The applicant must also disclose any public or pending complaints against the applicant in any other jurisdiction. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:

ITEM 6. Amend subparagraph 361.9(3)"b" as follows: (2) Verification of completion of 80 hours of continuing education within two years of application for reactivationor verification of active practice, consisting of a minimum of 2,080 hours, in another state or jurisdiction during the two years preceding an application for reactivation; andARC 6645CPublic Health Department[641]Notice of Intended Action

Proposing rule making related to physician assistants and providing an opportunity for public comment

The Public Health Department hereby proposes to amend Chapter 9, “Outpatient Diabetes Education Programs,” Chapter 11, “Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS),” Chapter 91, “Iowa Domestic Abuse Death Review Team,” Chapter 109, “Prescription Drug Donation Repository Program,” and Chapter 142, “Out-of-Hospital Do-Not-Resuscitate Orders,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapter 139A and sections 135.11, 135M.4, 141A.2 and 144A.7A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 135M and 139A and chapters 135, 141A and 144A as amended by 2022 Iowa Acts, House File 803.Purpose and Summary This proposed rule making makes changes required by 2022 Iowa Acts, House File 803, by adding a definition for “physician assistant” in Chapters 9, 11, 109, and 142 and adding provisions regarding physician assistants in specific rules in Chapters 9, 11, 91, 109 and 142.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. 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 December 6, 2022. Comments should be directed to: Susan Dixon Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: susan.dixon@idph.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 rule 641—9.2(135), definition of “Diabetes mellitus,” as follows: "Diabetes mellitus" includes the following:

“Type I diabetes” means insulin-dependent diabetes (IDDM) requiring lifelong treatment with insulin.
“Type II diabetes” means noninsulin-dependent diabetes often managed by food plan, exercise, weight control, and in some instances, oral medications or insulin.
“Gestational diabetes” means diabetes diagnosed during pregnancy.
“Impaired glucose tolerance” means a condition in which blood glucose levels are higher than normal, diagnosed by a physicianor physician assistant, and treated with food plan, exercise or weight control.
“Secondary diabetes” means diabetes induced by drugs or chemicals as well as by pancreatic or endocrine disease and treated appropriately.

ITEM 2. Adopt the following new definition of “Physician assistant” in rule 641—9.2(135): "Physician assistant" means a person currently licensed under Iowa Code chapter 148C.

ITEM 3. Amend subrule 9.8(3) as follows: 9.8(3) The primary instructors shall be one or more of the following health care professionals: physicians,physician assistants, registered nurses, licensed dietitians, and pharmacists who are knowledgeable about the disease process of diabetes and the treatment of diabetes. If there is only one primary instructor, there shall be at least one supporting instructor. The supporting instructor shall be from one of the four professions listed as possible primary instructors, but a different profession from the single primary instructor.

ITEM 4. Adopt the following new definition of “Physician assistant” in rule 641—11.1(139A,141A): "Physician assistant" means a person currently licensed under Iowa Code chapter 148C.

ITEM 5. Amend subrules 11.6(4) and 11.6(5) as follows: 11 11.6 6(4) Within seven days of diagnosing a person as having AIDS or an AIDS-related condition, the diagnosing physicianor physician assistant shall make a report to the department on a form provided by the department. 11 11.6 6(5) Within seven days of the death of a person with HIV infection, the attending physicianor physician assistant shall make a report to the department on a form provided by the department.

ITEM 6. Amend rule 641—11.15(139A,141A) as follows:

641—11.15(139A,141A) Purpose. The purpose of rules 641—11.15(139A,141A) to 641—11.18(141A) is to establish a voluntary partner notification program, including a procedure to allow a physician, physician assistant or the department to notify an identifiable third party of an HIV-infected person directly that the party has been exposed to HIV when the HIV-infected person will not participate in the voluntary partner notification program.

ITEM 7. Amend rule 641—11.18(141A) as follows:

641—11.18(141A) Direct notification of an identifiable third party by a physician, physician assistant or the department. 11.18(1) Direct notification shall be used when an HIV-infected person is having continuing contact with a sexual or needle-sharing partner who is unaware of the person’s infection and when both of the following situations exist: a. A physicianor physician assistant for the HIV-infected person is of the good-faith opinion that the nature of the continuing contact through sexual intercourse or the sharing of drug injecting equipment poses an imminent danger of HIV transmission to the third party. b. When the physicianor physician assistant believes in good faith that the HIV-infected person, despite strong encouragement, has not and will not warn the third party and will not participate in the voluntary partner notification program. 11.18(2) The department or a physicianor a physician assistant may reveal the identity of an HIV-infected person pursuant to this rule only to the extent necessary to protect a third party from the direct threat of transmission. Notification of a person pursuant to this rule shall be made confidentially. Nothing in this rule shall be interpreted to create a duty to warn third parties of the danger of exposure to HIV through contact with an HIV-infected person. 11.18(3) When the physicianor physician assistant is of the good-faith opinion and belief that third-party notification should be performed, notification of a person pursuant to this rule shall be made: a. Directly by the physicianor physician assistant in accordance with subrules 11.18(4), 11.18(5) and 11.18(7), or b. By the department at the request of the physicianor physician assistant in accordance with subrules 11.18(6) and 11.18(7). 11.18(4) Notification by the physicianor physician assistant. Prior to notification of a third party by an HIV-infected person’s physicianor physician assistant, the physicianor physician assistant shall make reasonable efforts to inform, in writing, the HIV-infected person. The written information shall state that, due to the nature of the person’s continuing contact through sexual intercourse or the sharing of drug injecting equipment with the third party and the physician’sor physician assistant’s belief that the HIV-infected person, despite strong encouragement, has not and will not warn the third party and will not participate in the voluntary partner notification program, the physicianor physician assistant is forced to take action to provide notification to the third party. The physicianor physician assistant, when reasonably possible, shall provide the following information to the HIV-infected person: a. The nature of the disclosure and the reason for the disclosure. b. The anticipated date of disclosure. c. The name of the party or parties to whom disclosure is to be made.Note: Reasonable efforts to inform, in writing, the HIV-infected person shall be deemed satisfied when the physicianor physician assistant delivers the written notice in person or directs a written notice to the HIV-infected person’s last-known address by restricted certified mail, return receipt requested, at least five days prior to the anticipated date of disclosure to the third party. 11.18(5) When performed by the HIV-infected person’s physicianor physician assistant, notification of the third party and any disclosure concerning the purpose of that notification shall be made in person. However, initial contact with the third party may be made by telephone, mail, or other electronic means to arrange the meeting with the physicianor physician assistant at the earliest opportunity to discuss an important health matter. The nature of the health matter to be discussed shall not be revealed in the telephone call, letter, or other electronic message. 11.18(6) Notification by the department. a. The physicianor physician assistant attending the HIV-infected person shall provide by telephone to the department any relevant information provided by the HIV-infected person regarding any party with whom the HIV-infected person has had sexual relations or has shared drug injecting equipment. The information may include the third party’s name, address, telephone number, and any other locating information known to the physicianor physician assistant. The department shall use the information in accordance with procedures established for the voluntary partner notification program. b. Notification of the third party and any disclosure concerning the purpose of that notification shall be made in person. However, initial contact with the third party may be made by telephone, mail, or other electronic means to arrange the meeting with the department representative. The nature of the matter to be discussed shall not be revealed in the telephone call, letter, or other electronic message. 11.18(7) Confidentiality. The HIV-infected person’s physicianor physician assistant and the department shall protect the confidentiality of the third party and the HIV-infected person. The identity of the HIV-infected person shall remain confidential unless it is necessary to reveal it to the third party so that the third party may avoid exposure to HIV. If the identity of the HIV-infected person is revealed, the third party shall be presented with a statement in writing at the time of disclosure which includes the following or substantially similar language: “Confidential information revealing the identity of a person infected with HIV has been disclosed to you. The confidentiality of this information is protected by state law. State law prohibits you from making any further disclosure of the information without the specific written consent of the person to whom it pertains. Any breach of the required confidential treatment of this information subjects you to legal action and civil liability for monetary damages. A general authorization for the release of medical or other information is not sufficient for this purpose.” 11.18(8) Immunity. A health care provider attending an HIV-infected person has no duty to disclose to or to warn third parties of the dangers of exposure to HIV through contact with the HIV-infected person and is immune from any liability, civil or criminal, for failure to disclose to or warn third parties of the condition of the HIV-infected person.

ITEM 8. Amend paragraph 91.4(1)"b" as follows: b. A licensed physician, physician assistant or nurse who is knowledgeable concerning domestic abuse injuries and deaths, including suicides.

ITEM 9. Adopt the following new definition of “Physician assistant” in rule 641—109.1(135M): "Physician assistant" means an individual licensed under Iowa Code chapter 148C.

ITEM 10. Amend subrule 109.3(3) as follows: 109.3(3) A pharmacy or medical facility may elect to participate in the prescription drug donation repository program by providing, on a form prescribed by the department and available on the program’s web page, written notification to the centralized repository of all of the following: a. The name, street address, and telephone number of the pharmacy or medical facility, and any state-issued license or registration number issued to the pharmacy or medical facility, including the name of the issuing agency. b. The name and telephone number of the responsible pharmacist, physician, physician assistant or nurse practitioner who is employed by or under contract with the pharmacy or medical facility. c. A statement, signed and dated by the responsible pharmacist, physician, physician assistant or nurse practitioner, indicating that the pharmacy or medical facility meets the eligibility requirements under this rule and shall comply with the requirements of this chapter.

ITEM 11. Amend subrule 109.6(1) as follows: 109.6(1) Donated drugs and supplies may be dispensed only if the drugs or supplies are prescribed by a health care practitioner for use by an eligible individual and are dispensed by a licensed pharmacist, physician, physician assistant or nurse practitioner.

ITEM 12. Adopt the following new definition of “Attending physician assistant” in rule 641—142.1(144A): "Attending physician assistant" means the physician assistant selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient.

ITEM 13. Amend subrule 142.3(1) as follows: 142.3(1) OOH DNR physicianor physician assistant order. The department designates the OOH DNR order form contained in Appendix A as the uniform OOH DNR order form to be used statewide. If an attending physicianor attending physician assistant issues an OOH DNR order for a qualified patient, the physicianor physician assistant shall use the form contained in Appendix A.

ITEM 14. Amend subrule 142.5(1) as follows: 142.5(1) Attending physiciansor attending physician assistants who issue OOH DNR orders. The attending physicianor attending physician assistant should ensure that the following are accomplished: a. Establish that the patient is qualified because the patient: (1) Is an adult; and (2) Has a terminal condition. b. Explain to the patient or the individual legally authorized to act on the patient’s behalf the implications of an OOH DNR order. c. If the qualified patient or individual legally authorized to act on the patient’s behalf decides that the patient should not be resuscitated, the attending physicianor attending physician assistant may issue the OOH DNR order on the prescribed uniform order form. The order will direct health care providers to withhold or withdraw resuscitation. d. Explain to the qualified patient or the individual legally authorized to act on the patient’s behalf how the OOH DNR order is revoked. e. Include a copy of the order in the qualified patient’s medical record. f. Provide a copy of the order to the qualified patient or the individual legally authorized to act on the patient’s behalf.

ITEM 15. Amend subrule 142.8(1) as follows: 142.8(1) An attending physicianor attending physician assistant who is unwilling to comply with an OOH DNR order or who is unwilling to comply with the provisions of Iowa Code section 144A.7A shall take all reasonable steps to effect the transfer of the patient to another physicianor physician assistant.

ITEM 16. Amend 641—Chapter 142, Appendix A and Appendix B, as follows: APPENDIX AIowa Department of Public HealthOUT-OF-HOSPITAL DO-NOT-RESUSCITATE ORDER(Please type or print)Date of Order: _____/_____/_____Patient Information:Name: (Last)____________________(First)____________________(Middle)__________________Address: _____________________________(City)___________________(Zip)____________Date of Birth: _____/_____/_____ Gender (Circle): M or FName of Hospice or Care Facility (if applicable): Attending Physicianor Physician Assistant OrderAs the attending physicianor attending physician assistant for the above-named patient, I certify that this individual is over 18 years of age and has a terminal diagnosis. After consultation with this patient (or the patient’s legal representative), I hereby direct any and all health care providers, including qualified emergency medical services (EMS) personnel, to withhold or withdraw the following life-sustaining procedures in accordance with Iowa law (Iowa Code chapter 142A):

Cardiopulmonary Resuscitation/Cardiac Compression (Chest Compressions).

Endotracheal Intubation/Artificial or Mechanical Ventilation (Advance Airway Management).

Defibrillation and Related Procedures.

Use of Resuscitation Drugs.

This directive does NOT apply to other medical interventions for comfort care.______/______/______Signature of Attending Physician (MD, DO)or Attending Physician AssistantDate(______)_____-_______Printed Name of Attending Physicianor Attending Physician AssistantPhysician’sor Physician Assistant’s Telephone (Emergency)To the extent that it is possible, a person designated by the patient may revoke this order on the patient’s behalf. If the patient wishes to authorize any other person(s) to revoke this order, the patient MUST list those persons’ names below:Name: Name: Name: Name: Patients, please note: Directions for obtaining a uniform identifier are listed on the back of this form. The uniform identifier is the key way the health care provider and/or EMS personnel can quickly recognize that you have an Out-of-Hospital Do-Not-Resuscitate order. If you are not wearing an identifier, the health care provider and/or EMS personnel may not realize that you do not want to be resuscitated.Physiciansor physician assistants, please note: Information regarding the completion of an Out-of-Hospital Do-Not-Resuscitate order is on the back of this form. APPENDIX ADirections for obtaining a uniform identifier:The uniform identifier may be obtained through MedicAlert®1, which requires:

A completed MedicAlert® application, which is available in physicianor physician assistant offices or through MedicAlert® by phoning (800)432-5378 or the Web sitewebsite www.medicalert.org, and fee.
A copy of this completed OOH DNR order, which must accompany the MedicAlert® application or be sent to MedicAlert® prior to the identifier’s being mailed.

1MedicAlert® is a nonprofit 501C membership organization.Suggested guidelines for physiciansor physician assistants:

Please review the Iowa Out-of-Hospital Do-Not-Resuscitate order and related protocol with the patient/patient’s legal representative(s). The following points may be helpful:

Patient/patient’s legal representative(s) listed on this order must understand the significance of this order, that in the event the patient’s heart or breathing stops or malfunctions, the anticipated result of this order is death.

Patient/patient’s legal representative(s) listed on this order may revoke this directive at any time. However, the desire to revoke must be communicated to the EMS or other health care professionals at the scene.

It is important to emphasize that this order does not apply to medical interventions to make the patient more comfortable.

The importance of wearing the uniform identifier for those qualified patients who would benefit from the mobility this offers should be stressed. It is also helpful to walk patients through the process they must follow to acquire the identifier.

Provide a copy of this order to the patient/patient’s legal representative(s) listed on this order and place the original in the patient’s medical records.

The OOH DNR Order form is available through the Iowa Department of Public Health, Bureau of EMS, Lucas State Office Building, Des Moines, Iowa 50319-0075, or through the Bureau of EMS’s Web site www.idph.state.ia.us/emswebsite idph.iowa.gov/BETS/EMS/rules. APPENDIX BEMS OUT-OF-HOSPITAL DO-NOT-RESUSCITATE PROTOCOLPurpose: This protocol is intended to avoid unwarranted resuscitation by emergency care providers in the out-of-hospital setting for a qualified patient.1 There must be a valid Out-of-Hospital Do-Not-Resuscitate (OOH DNR) order signed by the qualified patient’s attending physicianor physician assistant or the presence of the OOH DNR identifier indicating the existence of a valid OOH DNR order.No resuscitation: Means withholding any medical intervention that utilizes mechanical or artificial means to sustain, restore, or supplant a spontaneous vital function, including but not limited to:

Chest compressions,
Defibrillation,
Esophageal/tracheal/double-lumen airway; endotracheal intubation, or
Emergency drugs to alter cardiac or respiratory function or otherwise sustain life.

Patient criteria: The following patients are recognized as qualified patients to receive no resuscitation:

The presence of the uniform OOH DNR order or uniform OOH DNR identifier, or
The presence of the attending physicianor attending physician assistant to provide direct verbal orders for care of the patient.

The presence of a signed physicianor physician assistant order on a form other than the uniform OOH DNR order form approved by the department may be honored if approved by the service program EMS medical director. However, the immunities provided by law apply only in the presence of the uniform OOH DNR order or uniform OOH DNR identifier. When the uniform OOH DNR order or uniform OOH DNR identifier is not present, contact must be made with on-line medical control and on-line medical control must concur that no resuscitation is appropriate.Revocation: An OOH DNR order is deemed revoked at any time that a patient, or an individual authorized to act on the patient’s behalf as listed on the OOH DNR order, is able to communicate in any manner the intent that the order be revoked. The personal wishes of family members or other individuals who are not authorized in the order to act on the patient’s behalf shall not supersede a valid OOH DNR order.Comfort Care ( ♥ ): When a patient has met the criteria for no resuscitation under the foregoing information, the emergency care provider should continue to provide that care which is intended to make the patient comfortable (a.k.a. ♥ Comfort Care). Whether other types of care are indicated will depend upon individual circumstances for which medical control may be contacted by or through the responding ambulance service personnel. ♥ Comfort Caremay include, but is not limited to:

Pain medication.
Fluid therapy.
Respiratory assistance (oxygen and suctioning).

1Qualified patient means an adult patient determined by an attending physicianor attending physician assistant to be in a terminal condition for which the attending physicianor attending physician assistant has issued an Out-of-Hospital DNR order in accordance with the law. (Iowa Administrative CodeRule 641—142.1(144A), definitions)ARC 6646CPublic Health Department[641]Notice of Intended Action

Proposing rule making related to licensing regulation, fees, veterans and military spouses and providing an opportunity for public comment

The Plumbing and Mechanical Systems Board hereby proposes to amend Chapter 28, “Plumbing and Mechanical Systems Board—Licensure Fees,” and Chapter 35, “Plumbing and Mechanical Systems Board—Alternative Licensure Pathways,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapter 105 and 2022 Iowa Acts, Senate File 2383.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, Senate File 2383.Purpose and Summary The proposed amendments implement the licensure-related provisions of 2022 Iowa Acts, Senate File 2383. The proposed rule making revises the requirements for licensure by verification and updates the requirements and parameters of licensure for veterans and their spouses.Fiscal Impact This rule making will have limited fiscal impact. The provisions of the rule making would waive the initial application and renewal fees for veterans who were honorably or generally discharged within the previous five years; however, the overall number of applications that meet these criteria is low. Jobs Impact After analysis and review of this rule making, there may be a positive impact on jobs since it would streamline and remove some of the requirements related to licensure by verification. Additionally, it would clearly provide an alternative pathway to licensure of spouses of veterans when moving to Iowa.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to the Board’s general waiver provisions contained in 641—Chapter 31. 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 December 6, 2022. Comments should be directed to: Kane Young Executive Officer Plumbing and Mechanical Systems Board Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: kane.young@idph.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 rule 641—28.3(105) as follows:

641—28.3(105) Waiver of fees. Fee waivers are available under the following circumstances: a. 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. b. For an applicant who has been honorably or generally discharged from federal active duty or national guard duty, the board shall waive an initial application fee and one renewal fee if those fees would otherwise be charged within five years of the discharge.

ITEM 2. Amend subrule 35.4(1) as follows: 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. b. The scope of practice in the transferring jurisdiction is substantially similar to the scope of practice in Iowa; d. c. 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. d. 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.ARC 6647CPublic Health Department[641]Notice of Intended Action

Proposing rule making related to radon testing standards and requirements for school testing and providing an opportunity for public comment

The Public Health Department hereby proposes to amend Chapter 43, “Minimum Requirements for Radon Testing and Analysis,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 136B.4 and section 280.32 as enacted by 2022 Iowa Acts, House File 2412.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 136B and section 280.32 as enacted by 2022 Iowa Acts, House File 2412.Purpose and Summary The proposed amendments have been drafted to implement the Radon Testing and Mitigation in Public Schools Act, 2022 Iowa Acts, House File 2412, which Governor Reynolds signed after the 2022 Legislative Session. The proposed amendments:

Clean up outdated certification agency language throughout 641—Chapter 43. The National Environmental Health Association (NEHA) no longer certifies radon professionals.

Update rules to include the current national consensus radon measurement standards.

Add rules about measurement training requirements and training course approval for school district employees as required by 2022 Iowa Acts, House File 2412.

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.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 December 6, 2022. Comments should be directed to:Angela Leek Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: radhealthia@idph.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Adopt the following new definitions of “AARST,” “ANSI” and “NRPP” in rule 641—43.2(136B): "AARST" means the American Association of Radon Scientists and Technologists. "ANSI" means the American National Standards Institute. "NRPP" "AARST/NRPP" means the National Radon Proficiency Program facilitated by the American Association of Radon Scientists and Technologists (AARST).

ITEM 2. Rescind the definition of “NEHA” in rule 641—43.2(136B).

ITEM 3. Amend paragraph 43.3(2)"c" as follows: c. Use detection devices approved by EPA and the departmentthe NRPP, the NRSB, or another department-approved national radon proficiency program to measure radon. The detection device must be obtained from an Iowa certifiedIowa-certified radon measurement laboratory. When a portable electronic detection device is used, the device must be calibrated on at least an annual basis by the manufacturer, or by persons acceptable to the department. The records of calibration must be maintained for review by the department or agents of the department.

ITEM 4. Adopt the following new paragraph 43.3(3)"c": c. The certified person shall comply with all EPA, ANSI/AARST and department-approved radon measurement and quality assurance/quality control (QA/QC) guidelines, protocols, and standards and shall conduct measurements following the standard as of [the effective date of these amendments] applicable to the building being tested. The standards include the following: (1) ANSI/AARST MS-QA-2019, Radon Measurement Systems Quality Assurance. (2) ANSI/AARST MAH-2019, Protocol for Conducting Measurements of Radon and Radon Decay Products in Homes. (3) ANSI/AARST MALB-2014 with 1/2021 Revisions, Protocol for Conducting Measurements of Radon and Radon Decay Products in Schools and Large Buildings. (4) ANSI/AARST MAMF-2017 with 1/2021 Revisions, Protocol for Conducting Measurements of Radon and Radon Decay Products in Multifamily Buildings.

ITEM 5. Amend subparagraph 43.4(1)"a" as follows: (2) Proof of successful completion of an examination approved by this department. A letter from NEHAthe NRPP or NRSB showing a passing score for the radon measurement specialist examination fulfills this requirement.

ITEM 6. Amend subparagraph 43.4(1)"a" as follows: (4) A quality assurance/quality control (QA/QC)QA/QC plan for all measurement devices and equipment. If laboratory devices are used, the names and addresses of the Iowa certifiedIowa-certified radon measurement laboratories must be included. If a continuous radon monitor is used, the name of the manufacturer, model, and picture of the monitor must be included. The manufacturer of any device used must have EPANRPP, NRSB or other national agency approval whichthat indicates the device has been approved for measuring radon. Only measurement devices from Iowa certifiedIowa-certified radon measurement laboratories or a continuous radon monitor that has been satisfactorily calibrated and approved by the Iowa radon program are allowed for use in performing radon measurements.

ITEM 7. Amend subparagraph 43.4(1)"a" as follows: (6) A signed statement that the individual will follow all EPAradon measurement guidelines, ANSI/AARST radon measurement standards, and department radon measurement guidelines, standards and protocols.

ITEM 8. Amend paragraph 43.4(1)"b" as follows: b. An application for a radon measurement laboratory must include: (1) Proof of successful participation in the NEHANRPP or NRSB Radon/Radon Progeny Measurement Proficiency Program. (2) A quality assurance plan and quality control procedures for all measurements and equipment. (3) A signed statement that all EPA, NEHANRPP and NRSB and any department measurement guidelines, standards and protocols will be followed. (4) Name(s) and address(es) of any retail operation(s) selling the laboratory’s testing service(s) within Iowa. (5) A signed statement that all changes in the original application will be submitted to the department within 14 working days. (6) The fee specified insubrule 43.4(6).

ITEM 9. Amend paragraph 43.5(2)"s" as follows: s. Being discontinued or removed from the NEHANRPP or NRSB Radon/Radon Progeny Measurement Proficiency Program; or

ITEM 10. Renumber rules 641—43.8(136B) to 641—43.11(136B) as 641—43.9(136B) to 641—43.12(136B).

ITEM 11. Adopt the following new rule 641—43.8(136B,280):

641—43.8(136B,280) School district employee measurement training. 43.8(1) School district employee requirements. In order for school district employees to perform radon measurements in buildings within their districts, they must complete a radon measurement training course approved by the department and the Iowa department of education. A school district employee who has completed an approved training can only test buildings within the employee’s district. 43.8(2) Approved training. Training programs shall not state that they have been approved by the state of Iowa unless they have met the requirements of 641—43.8(136B,280) and been approved by the department and the Iowa department of education and are listed on the department’s website. An approved training course shall meet the following requirements: a. Be based on the measurement requirements as found in the ANSI/AARST standard MALB- 2014 with 1/2021 Revisions, Protocol for Conducting Measurements of Radon and Radon Decay Products in Schools and Large Buildings. b. Consist of at least eight instructional hours. c. Cover at least the following subjects: (1) Introduction to radon and its health effects. (2) Guidance for building managers. (3) Review of the measurement standard including: 1. Purpose and scope of testing. 2. Preparing a testing plan. 3. Test locations. 4. Testing procedures and options. 5. Quality control. 6. Conditions required before and during testing. 7. Documentation, test reports and record keeping. 8. Actions based on test results. d. Conclude with a quiz to review the learned materials. 43.8(3) Certificate of completion. The training provider shall provide that a certificate of completion will be issued and that it will contain at minimum the name of the student, the name of the course and the course ID, the name of the course provider, the course date(s), the number of hours, and the signature and typed name of the training provider. 43.8(4) Application for approval of a training course for school district employees. A person or organization that plans to conduct or sponsor a training course shall apply to the department for approval of the course on a form or in a manner approved by the department. The application shall include: a. The sponsoring organization’s name and website URL (if any), contact person, mailing address, email address and telephone number. b. The name of the course. c. The type of course: webinar, online or in-person. d. The course agenda or course outline, including the approximate time allotted to each training segment. e. A copy of the training materials provided to the student (manual, notes, templates, etc.). f. A list of reference materials, texts and audiovisual materials used in the course. g. A copy of the quiz for the course, containing at least 20 questions.

ITEM 12. Amend 641—Chapter 43, implementation sentence, as follows: These rules are intended to implement Iowa Code chapterchapters 136Band 280.ARC 6648CPublic Health Department[641]Notice of Intended Action

Proposing rule making related to certificates of nonviable birth and providing an opportunity for public comment

The Public Health Department hereby proposes to amend Chapter 95, “Vital Records: General Administration,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 144.3 and section 144.31B as enacted by 2022 Iowa Acts, Senate File 577.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 144.31B as enacted by 2022 Iowa Acts, Senate File 577.Purpose and Summary These proposed amendments implement 2022 Iowa Acts, Senate File 577, by establishing a process to request and issue a certificate of nonviable birth when a health care provider diagnoses a nonviable birth.Fiscal Impact This rule making has a fiscal impact to the State of Iowa. A fiscal impact of less than $100,000 annually or $500,000 over five years is anticipated. The Department anticipates hiring one clerk specialist, and a fee for issuance of a certificate of nonviable birth will be established.Jobs Impact The Department anticipates hiring one clerk specialist for the issuance of certificates of nonviable birth.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.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 December 6, 2022. Comments should be directed to:Melissa Bird Department of Health and Human Services Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: melissa.bird@idph.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Adopt the following new paragraph 95.6(1)"h": h. The state registrar shall charge a fee of $15 for the purpose of issuing a certificate of nonviable birth pursuant to Iowa Code section 144.31B.

ITEM 2. Renumber rules 641—95.15(144) to 641—95.17(144) as 641—95.16(144) to 641—95.18(144).

ITEM 3. Adopt the following new rule 641—95.15(144):

641—95.15(144) Certificate of nonviable birth. 95.15(1) As used in this section: a. “Certificate of nonviable birth” means a document issued based upon a nonviable birth. b. “Health care provider” means the same as defined in Iowa Code section 144.29A. c. “Hospital” means the same as defined in Iowa Code section 135B.1. d. “Nonviable birth” means an unintentional, spontaneous fetal demise occurring after demonstration of a doppler-detected heartbeat and prior to the twentieth week of gestation during a pregnancy that has been verified by a health care provider. 95.15(2) A health care provider who attends or diagnoses a nonviable birth or a hospital at which a nonviable birth occurs shall advise a patient who experiences a nonviable birth that the patient may request a certificate of nonviable birth as provided in this section and, upon request by the patient, shall provide a letter certifying the nonviable birth to the patient on the form prescribed by the state registrar. 95.15(3) The department shall issue a certificate of nonviable birth to a patient within 60 days of receipt of a request and certification letter. The request shall be made on the form prescribed by the state registrar. 95.15(4) The certificate of nonviable birth shall contain all of the following: a. The date of the nonviable birth. b. The name and gender of the baby, if known. (1) If the name is not furnished by the patient, the department shall complete the certificate with the name “baby boy” or “baby girl” and the last name of the patient. (2) If the gender is unknown, the department shall complete the certificate with the name “baby” and the last name of the patient. c. The name of the patient and, if married, the patient’s spouse. d. The statement: “This certificate is not proof of live birth.” 95.15(5) The fees collected shall be remitted to the treasurer of state for deposit in the general fund of the state and the vital records fund in accordance with Iowa Code section 144.46A. 95.15(6) A certificate of nonviable birth shall not be filed or registered with the department. The department shall not register the nonviable birth associated with a certificate issued under this section or use the nonviable birth in calculating live birth statistics. 95.15(7) A certificate of nonviable birth shall not be used to establish, bring, or support a civil cause of action seeking damages against any person for bodily injury, personal injury, or wrongful death for a nonviable birth. 95.15(8) This section shall only apply to, and a certificate of nonviable birth may be requested and issued for, nonviable births occurring on or after January 1, 2000. This rule is intended to implement Iowa Code section 144.31B as enacted by 2022 Iowa Acts, Senate File 577.ARC 6671CState Public Defender[493]Notice of Intended Action

Proposing rule making related to five-year rules review and providing an opportunity for public comment

The State Public Defender hereby proposes to amend Chapter 1, “Administration,” Chapter 2, “Petitions for Rule Making,” Chapter 3, “Declaratory Orders,” Chapter 4, “Public Records and Fair Information Practices,” Chapter 5, “Agency Procedure for Rule Making,” Chapter 10, “Eligibility Guidelines for Court-Appointed Counsel,” Chapter 11, “Attorney Fee Contracts,” Chapter 12, “Claim for Indigent Defense Services,” and Chapter 13, “Claims for Other Professional Services,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 13B.4(8).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 13B and 815.Purpose and Summary All of the State Public Defender’s rules were reviewed pursuant to the comprehensive five-year review required by Iowa Code section 17A.7. These proposed amendments eliminate several outdated and obsolete references and update others. The proposed amendments clarify and correct minor inconsistencies and otherwise make minor technical corrections to the rules.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the State Public Defender for a waiver of the discretionary provisions, if any, pursuant to 493—Chapter 6.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the State Public Defender no later than 4:30 p.m. on December 6, 2022. Comments should be directed to:Kurt Swaim Office of State Public Defender Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: kswaim@spd.state.ia.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend paragraph 1.3(2)"c" as follows: c. Juvenile matters, including delinquency, termination of parental rights, child in need of assistance (CINA), judicial bypass proceedings,filing by an indigent party of an adoption petition under Iowa Code section 600.3 to adopt a child who was the subject of a termination of parental rights proceeding under Iowa Code chapter 232, and juvenile commitments;

ITEM 2. Amend paragraph 1.3(3)"e" as follows: e. Coordinating the provision of legal representation of all indigents under arrest or charged with a crime, on appeal in criminal cases, in a proceeding to obtain postconviction relief when ordered to do so by the court, against whom a contempt action is pending, in proceedings under Iowa Code chapter 229A, in juvenile cases under Iowa Code chapters 232 and 600A, or in probation or parole violations under Iowa Code chapter 908, in the filing by an indigent party of an adoption petition under Iowa Code section 600.3 to adopt a child who was the subject of a termination of parental rights proceeding under Iowa Code chapter 232, or in any other matters authorized by law;

ITEM 3. Amend subrule 1.3(5) as follows: 1.3(5) Local public defender division. The local public defender division provides legal representation at the trial level to qualified persons charged with adult crimes or in juvenile matters in counties where local public defender services are provided. The division also provides representation to qualified persons in juvenile appeals and in civil commitment proceedings under Iowa Code chapter 229A at the trial and appellate levelsand in any other matters authorized by law.The local public defender division consists of independent local offices and branch offices. Each independent local office is under the direct supervision of a local public defender. A local public defender may supervise a branch office. If so, the branch office may be considered part of the local office.

ITEM 4. Amend 493—Chapter 2, preamble, as follows: CHAPTER 2PETITIONS FOR RULE MAKINGThe state public defender adopts the petitions for rule making segments of the Uniform Administrative Rules which are printed in the first volume of the Iowa Administrative Codepublished on the general assembly’s website at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf with the following amendments:

ITEM 5. Amend rule 493—2.3(17A) as follows:

493—2.3(17A) Inquiries. Inquiries concerning the status of a petition for rule making may be made to the State Public Defender, Lucas State Office Building, Des Moines, Iowa 50319-0087; telephone (515)242-6158; E-mail spd@spd.state.ia.usemail spdadminoffice@spd.state.ia.us.

ITEM 6. Amend 493—Chapter 3, preamble, as follows: CHAPTER 3DECLARATORY ORDERSThe state public defender adopts the declaratory orders segment of the Uniform Rules on Agency Procedure printed in the first volume of the Iowa Administrative Codewhich are published on the general assembly’s website at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf with the following amendments.

ITEM 7. Amend 493—Chapter 3, implementation sentence, as follows: These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, section 13.

ITEM 8. Amend 493—Chapter 4, preamble, as follows: CHAPTER 4PUBLIC RECORDS AND FAIR INFORMATION PRACTICESThe state public defender adopts the fair information practices segments of the Uniform Administrative Rules which are printed in the first volume of the Iowa Administrative Codepublished on the general assembly’s website at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf with the following amendments:

ITEM 9. Amend 493—Chapter 5, preamble, as follows: CHAPTER 5AGENCY PROCEDURE FOR RULE MAKINGThe state public defender adopts the agency procedure for rule making segment of the Uniform Rules on Agency Procedure printed in the first volume of the Iowa Administrative Codepublished on the general assembly’s website at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf with the following amendments.

ITEM 10. Amend 493—Chapter 5, implementation sentence, as follows: These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code section 25B.6.

ITEM 11. Amend rule 493—10.1(815) as follows:

493—10.1(815) Eligibility. The eligibility of any person for legal assistance by an appointed attorney shall be determined in accordance with Iowa Code section 815.9 and with the guidelines set forth in these rules. Any person who is eligible for appointed counsel shall be required by the court to repay all or a part of the cost of the applicant’s legal assistanceto the extent provided by law.

ITEM 12. Amend rule 493—11.3(13B), introductory paragraph, as follows:

493—11.3(13B) Attorney minimum qualifications. To be eligible to contract with the state public defender for a type of case after January 1, 2015, the attorney must meet the minimum qualification requirements established by this rule for the particular type of case. Prior to contracting with the state public defender, an attorney shall certify the attorney’s compliance with these requirements and, prior to renewal of the contract, shall certify compliance with any ongoing requirements. Satisfying these minimum requirements does not guarantee an attorney a contract with the state public defender. The state public defender retains the discretion to deny or terminate contracts if the state public defender determines that such action is in the best interests of the state.

ITEM 13. Amend subparagraph 12.7(1)"b" as follows: (5) If the expenses are for a certified shorthand reporter, any additional documentation required in 493—paragraph 13.2(4)“b”493—paragraph 13.2(3)“b” when applicable to the services provided.

ITEM 14. Rescind subrule 13.2(2).

ITEM 15. Renumber subrules 13.2(3) to 13.2(8) as 13.2(2) to 13.2(7).

ITEM 16. Amend renumbered subparagraph 13.2(3)"b" as follows: (3) If expedited transcript rates are claimed under subparagraph 13.2(4)“d”(10)13.2(3)“d”(10), an email or other written statement from the attorney explaining that expedited delivery is required.

ITEM 17. Amend renumbered subparagraph 13.2(3)"b" as follows: (4) If a cancellation fee is claimed under subparagraph 13.2(4)“d”(6)13.2(3)“d”(6), documentation of the date and time that notice of cancellation was given.

ITEM 18. Amend renumbered subparagraph 13.2(3)"d" as follows: (6) Cancellation fees. No cancellation fees will be paid as long as the certified shorthand reporter is given notice of cancellation at least 24 hours before the time scheduled for a deposition. Weekends and state holidays shall not be included when calculating the 24-hour prior notice of cancellation contained in this subparagraph. If the deposition is canceled with less than 24 hours’ notice, a fee for two hours or the actual time that the certified shorthand reporter is present at the site of the deposition including setup and takedown of equipment, whichever is greater, is payable at the rate set forth in subparagraph 13.2(4)“d”(1)13.2(3)“d”(1). A certified shorthand reporter is deemed to have been given notice of cancellation when an attorney or representative of the attorney delivers notice of a cancellation to the email address provided by the certified shorthand reporter or leaves a message on voicemail or with a representative of the certified shorthand reporter at the telephone number provided by the certified shorthand reporter, not when the certified shorthand reporter actually hears or reads the message. No cancellation fee will be paid related to the transcription of an audio or video recording.

ITEM 19. Amend 493—Chapter 13, implementation sentence, as follows: These rules are intended to implement Iowa Code chapters 13B and 815 as amended by 2004 Iowa Acts, House File 2138.ARC 6670CState Public Defender[493]Notice of Intended Action

Proposing rule making related to attorney claims for indigent defense services and providing an opportunity for public comment

The State Public Defender hereby proposes to amend Chapter 12, “Claims for Indigent Defense Services,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 13B.4(8).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 13B and chapter 815 as amended by 2022 Iowa Acts, House File 2559, section 21.Purpose and Summary These proposed amendments update the rules regarding the hourly rate paid to attorneys in cases to which the attorney was appointed after June 30, 2022, to conform to the $2-per-hour across-the-board increase in attorney fees required by 2022 Iowa Acts, House File 2559, section 21. The proposed amendments also add efficiencies to the claim review process for indigent defense services by amending a provision related to the definition of “date of service.” The proposed language adds the phrase “or sentenced” and strikes the phrase “expiration of the time for appeal from a judgment of conviction.” This proposed change allows for more expedited submission and consideration of attorney fee claims after a sentence has been entered. The proposed amendments add further efficiencies to the claim review process by eliminating the requirement that the contract attorney submit certain information regarding the number of hours worked on other indigent defense cases on any date when the attorney works between 12 and 16 hours. It is no longer necessary for the attorney to submit the information because it is now collected electronically and is available to the claim reviewer. The proposed amendments update the attorney fee limitations for the number of hours of attorney time that may be claimed for “juvenile court review and other postdispositional hearings” from five hours to eight hours to make the limitation more consistent with the amount of time actually being expended on these types of hearings. Under the existing rules, the attorney must secure court approval to exceed five hours for such hearings. This proposed amendment would save attorney time in seeking court approval and court time in approving and processing applications to exceed the fee limitations in this range, for which applications are routinely allowed. Moreover, the State Public Defender agrees the proposed increased limit of hours is a reasonable amount of time for an attorney to spend on this type of hearing. The proposed amendments also amend the payment to contract attorneys for automobile expenses from 39 cents to 50 cents per mile to make the mileage rate consistent with the rate state employees receive. The proposed amendments also update the provisions relating to attorney fee claim submissions to amend references to paper claims since all attorney fee claims are now submitted electronically. Finally, the proposed amendments delete several obsolete and outdated references in the rules.Fiscal Impact Legislative enactment of the $2-per-hour rate increase is estimated to increase annual costs to the Indigent Defense Fund by approximately $1,000,000. The increase in the mileage rate is estimated to increase the annual costs to the Indigent Defense Fund by between $175,000 and $200,000. Also, the increase in the fee limitation for the juvenile review and postdispositional court hearings is expected to increase the annual costs to the Indigent Defense Fund in an unknown amount, but the amount is expected to be less than $100,000 annually and less than $500,000 over five years. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the State Public Defender for a waiver of the discretionary provisions, if any, pursuant to 493—Chapter 6. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the State Public Defender no later than 4:30 p.m. on December 6, 2022. Comments should be directed to: Kurt Swaim Office of State Public Defender Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: kswaim@spd.state.ia.us Public Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend subrule 12.2(1) as follows: 12.2(1) Required claim documents. Court-appointed attorneys shall submit writtenelectronic indigent defense fee claims to the state public defender for review, approval and payment. These claims shall include the following: a. A completed fee claim on a form promulgated by the state public defender.The completion of the appropriate claim type on the online submission website of the state public defender, spdclaims.iowa.gov. (1) Adult fee claims, including all trial-level criminal and postconviction relief proceedings, misdemeanor appeals to district court, and applications for discretionary review or applications for interlocutory appeals to the Iowa supreme court, must be submitted on an Adult form. Juvenile fee claims, including petitions on appeal and applications for interlocutory appeals, must be submitted on a Juvenile form. Appellate fee claims, including claims for all criminal and postconviction relief appeals, work performed after the granting of an application for discretionary review or for interlocutory appeal, and work performed after full briefing is ordered following a juvenile petition on appeal, must be submitted on an Appellate form. For paper claims submitted on or before December 31, 2016, the claim forms may be downloaded from the state public defender website: spd.iowa.gov. (2) Claims submitted on or after January 1, 2017, shall be submitted electronically via the online claims website: spdclaims.iowa.gov. Effective January 1, 2017, any reference in these rules to forms for Adult, Juvenile, or Appellate claims means the respective electronic claims submission page on the online claims website. The state public defender, at the state public defender’s sole discretion, may grant limited exceptions to the requirement that claims be submitted electronically via the online claims website. b. A copy of all orders appointing the attorney to the case. (1) The appointment order must be signed by the court and either dated by the court or have a legible file-stamp. (2) If, at the time of appointment, the attorney does not have a contract to represent indigent persons in the type of case and the county in which the action is pending, the appointment order must include either a finding that no attorney with a contract to represent indigent persons in that specific type of case and that county is available or a finding that the state public defender was consulted and consented to the appointment. (3) Claims for probation or parole violations and contempt actions are considered new cases, and the attorney must submit a copy of an appointment order for these cases. Appointment orders in parole violation cases must also contain the following findings:

The alleged parole violator requests appointment of counsel;
The alleged parole violator is indigent as defined in Iowa Code section 815.9;
The alleged parole violator, because of lack of skill or education, would have difficulty in presenting the alleged violator’s version of a disputed set of facts, particularly when presentation requires the examining or cross-examining of witnesses or the offering or dissecting of complex documentary evidence; and
The alleged parole violator has a colorable claim that the alleged violation has not been committed, or there are substantial reasons which justify or mitigate the violation and make revocation inappropriate.

(4) If the venue is changed in a juvenile case, an order appointing the attorney in the new county must be submitted. (5) A new appointment order is not necessary for trial counsel to request or resist an interlocutory appeal or an application for discretionary review. (6) A new appointment order is not necessary to pursue or respond to a juvenile petition on appeal if the attorney was properly appointed to represent the client in juvenile court. If the original trial counsel withdraws or is removed from the case, the new appellate counsel must attach an order appointing the attorney for the appeal. (7) An appointment order is not necessary if the state public defender determines the appointment order is unnecessary. c. A copy of any application and court order authorizing the attorney to exceed the attorney fee limitations. d. A copy of any court order that affects the amount to be paid or the client’s right to counsel. e. A copy of the dispositional order, the order granting a motion to withdraw prior to disposition, procedendo, or other court order documenting the “date of service” for the claim. f. An itemization detailing all work performed on the case for which the attorney seeks compensation and all expenses incurred for which the attorney seeks reimbursement. (1) The itemization must state the date and amount of time spent on each activity. Time must be reported in tenths of an hour. Time shall be rounded to the nearest tenth of an hour. For example, an attorney spending ten minutes performing an activity shall bill 0.2 hours, while an attorney spending seven minutes performing an activity shall bill 0.1 hours. The time spent on each activity must be separately itemized, except that one or more activities on the same day, each taking less than 0.1 hours, must be aggregated together with other activities so that the aggregate amount billed is at least 0.1 hours. If an attorney performs only a single activity taking less than 0.1 hours for a client on a day, the attorney may bill 0.1 hours regardless of the precise length of time spent on the activity. If an attorney performs multiple related activities on the same day, such as multiple email or telephone exchanges, the activities must be aggregated together if separately itemizing the activities would result in claiming more time than the attorney actually spent performing the activities. (2) The itemization shall separately designate time claimed for in-court time, out-of-court time, paralegal time and travel time. (3) If another attorney performed any of the work, the itemization shall specify the name of the attorney performing each activityand the named attorney’s AT number. It is permissible to use initials representing the name, so long as an explanation is provided as to the full name for each set of initials with the itemization. (4) The itemization must be in chronological order. (5) If the attorney seeks reimbursement for expenses incurred, the itemization must separately state each expense incurred, including any specific information required by rule 493—12.8(13B). (6) For paper claims submitted on or before December 31, 2016, the itemization must be typed in at least 10-point type on 8 ½ ʺ × 11″ paper. For claims submitted on or after January 1, 2017, theThe itemization shall be submitted electronically via the Attorney Hours grid on the appropriate claims submission page on the online claims website. Separate electronic attachments of itemizations will not be accepted. g. If the attorney was privately retained to represent the client prior to appointment, a copy of any representation agreement, written notice of the dollar amount paid to the attorney, and an itemization of services performed and how any funds provided were spent during the period prior to the court appointment. The state public defender will review the amount paid and hours spent before and after the court appointment in determining the appropriate attorney compensation on the claim.

ITEM 2. Amend paragraph 12.2(3)"a" as follows: a. Adult claims.For adult claims, “date of service” means the date of filing of an order indicating that the case was dismissed or the client was acquittedor sentenced, the date of the expiration of the time for appeal from a judgment of conviction, the date of filing of an order granting a deferred judgment or prosecution, the date of filing of a final order in a postconviction relief case, the date of mistrial, the date on which a warrant was issued for the client, or the date of filing of a court order authorizing the attorney’s withdrawal from a case prior to the date of a dismissal, acquittal, sentencing, or mistrial. The filing of a notice of appeal is not a date of service; however, if a notice of appeal is filed after a conviction and the attorney moves to withdraw to have appellate counsel appointed, the date of service is the date of filing of the withdrawal order. If a motion for reconsideration is filed, either the date of filing of the motion or the date on which the court rules on that motion is the date of service. In a probation, parole or contempt proceeding, the date of service is the date of filing of the disposition order or an order granting a continued disposition. In a subsequent review or compliance proceeding under the same appointment, a new date of service is created if the new proceeding generates an order. In a probation revocation proceeding that results in the revocation of a deferred judgment, a judgment of conviction is entered and the date of service is the date of the expiration of the time for appealjudgment. For interim adult claims authorized by subrule 12.3(3) or 12.3(4), the date of service is the last day on which the attorney claimed time on the itemization of services.

ITEM 3. Amend subrule 12.4(1) as follows: 12.4(1) Unless the attorney has a contract that provides for a different manner or rate of payment, the following hourly rates shall apply to payment of all claims for cases to which the attorney was appointed after June 30, 1999, and before July 1, 2006:Attorney time:Class A felonies$60/hourClass B felonies$55/hourAll other criminal cases$50/hourAll other cases$50/hourParalegal time:$25/hourUnless the attorney has a contract that provides for a different manner or rate of payment, the following hourly rates shall apply to payment of all claims for cases to which the attorney was appointed after June 30, 2006, and before July 1, 2007:Attorney time:Class A felonies$65/hourAll other criminal cases$60/hourAll other cases$55/hourParalegal time:$25/hourUnless the attorney has a contract that provides for a different manner or rate of payment, the following hourly rates shall apply to payment of all claims for cases to which the attorney was appointed after June 30, 2007, and before July 1, 2019:Attorney time:Class A felonies$70/hourClass B felonies$65/hourAll other criminal cases$60/hourAll other cases$60/hourParalegal time:$25/hourUnless the attorney has a contract that provides for a different manner or rate of payment, the following hourly rates shall apply to payment of all claims for cases to which the attorney was appointed after June 30, 2019, and before July 1, 2021:Attorney time:Class A felonies$73/hourClass B felonies$68/hourAll other criminal cases$63/hourAll other cases$63/hourParalegal time:$25/hourUnless the attorney has a contract that provides for a different manner or rate of payment, the following hourly rates shall apply to payment of all claims for cases to which the attorney was appointed after June 30, 2021, and before July 1, 2022:Attorney time:Class A felonies$76/hourClass B felonies$71/hourAll other criminal cases$66/hourAll other cases$66/hourParalegal time:$25/hourUnless the attorney has a contract that provides for a different manner or rate of payment, the following hourly rates shall apply to payment of all claims for cases to which the attorney was appointed after June 30, 2022:Attorney time:Class A felonies$78/hourClass B felonies$73/hourAll other criminal cases$68/hourAll other cases$68/hourParalegal time:$25/hour

ITEM 4. Amend subrule 12.5(1) as follows: 12.5(1) Maximum daily hours. An attorney appointed as counsel or guardian ad litem must not perform services for indigent persons or submit claims to the state public defender for payment for such services for more than 12 hours of the attorney’s time in any calendar day except as provided in this subrule. a. An attorney may perform services for indigent persons and submit claims to the state public defender for payment for such services for more than 12 hours and less than or equal to 16 hours in a calendar day if and only if the attorney is in trial or other contested court hearing lasting more than one day or the attorney is preparing for such a trial or hearing that will be occurring within the next seven days. b. If an attorney performs services for indigent persons and submits claims to the state public defender for payment for such services for more than 12 hours and less than or equal to 16 hours in a calendar day, the attorney shall include with each claim form submitted to the state public defender that claims time for that date, even if the amount claimed on that claim form is less than 12 hours, a letter specifying the total hours worked for indigent persons, any additional time billed to other private clients on that date or certifying that no other time was billed to any otherprivate client, and explaining the need to work more than 12 hours. c. Any time claimed by an attorney appointed as counsel or guardian ad litem in excess of 12 hours on a calendar day, except as permitted by this subrule, and any time claimed in excess of 16 hours on a calendar day, shall not be paid. If the time is claimed on multiple claims, the most recently submitted claim claiming time on a particular calendar day shall be reduced so as not to pay more than the maximum authorized daily hours. If more than the maximum authorized amount is inadvertently paid by the state public defender, the attorney shall reimburse the state public defender upon written notice of the improper payment.

ITEM 5. Amend subrule 12.6(2) as follows: 12.6(2) Juvenile cases. The state public defender establishes attorney fee limitations for the number of hours of attorney time that may be claimed for the following categories of juvenile and adoption cases:Delinquency (through disposition) 20Child in need of assistance (CINA) (through disposition) 20Termination of parental rights (TPR) (through disposition) 30Juvenile court review and other postdispositional court hearings 58Judicial bypass hearings 3Juvenile commitment hearings 3Juvenile petition on appeal 10Motion for further review after petition on appeal 5Representation of adopting party in adoption following Iowa5Code chapter 232, termination of parental rightsNothing in this subrule is intended to in any manner diminish, increase, or modify the state public defender’s authority to review any and all claims for services as authorized by the Iowa Code.The fee limitations are applied separately to each case, as that term is defined in rule 493—7.1(13B,815).For example, in a juvenile proceeding in which the attorney represents a parent whose four children are the subject of four child in need of assistance petitions, if the court handles all four petitions at the same time or the incident that gave rise to the child in need of assistance action is essentially the same for each child, the fee limitation for the attorney representing the parent is 20 hours for all four proceedings, not 20 hours for each one.For a child in need of assistance case that becomes a termination of parental rights case, the fee limitations shall apply to each case separately. For example, the attorney could claim up to 20 hours for the child in need of assistance case and up to 30 hours for the termination of parental rights case.In a delinquency case, if the child has multiple petitions alleging delinquency and the court handles the petitions at the same time, the fee limitation for the proceeding is the fee limitation for one delinquency.In a juvenile case in which a petition on appeal is filed, the appointed trial attorney does not need to obtain a new appointment order to pursue a petition on appeal. The claim, through the filing of a petition on appeal, must be submitted on a Juvenile form. If an appellate court orders full briefing, the attorney fee claim for services subsequent to an order requiring full briefing must be submitted on an Appellate form and is subject to the rules governing appeals.

ITEM 6. Amend paragraph 12.8(1)"a" as follows: a. Mileage for automobile travel at the rate of 3950 cents per mile. The number of miles driven each day shall be separately itemized on the itemization of services, specifying the date of the travel, the origination and destination locations, the total number of miles traveled that day and, if it is not otherwise clear from the itemization, the purpose of the travel. If the travel is to perform services for multiple clients on the same trip, the mileage must be split proportionally between each client and the itemization must note the manner in which the mileage is split. The total miles traveled for the case shall also be listed on the claim form. Other forms of transportation costs incurred by the attorney may be reimbursed only with prior approval from the state public defender.ARC 6668CWorkforce Development Department[871]Notice of Intended Action

Proposing rule making related to physician assistants and providing an opportunity for public comment

The Director of the Workforce Development Department hereby proposes to amend Chapter 24, “Claims and Benefits,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 96.11.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 90A and 96 as amended by 2022 Iowa Acts, House File 803.Purpose and Summary This proposed rule making aligns with the changes implemented in 2022 Iowa Acts, House File 803. In particular, the proposed amendments allow claimants to utilize advice from a physician assistant in addition to a physician. 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. 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 December 6, 2022. Comments should be directed to: Ryan West Iowa Workforce Development 1000 East Grand Avenue Des Moines, Iowa 50319-0209 Email: ryan.west@iwd.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend subrule 24.23(6) as follows: 24.23(6) If an individual has a medical report on file submitted by a physicianor a physician assistant, stating such individual is not presently able to work.

ITEM 2. Amend subrule 24.25(35) as follows: 24.25(35) The claimant left because of illness or injury which was not caused or aggravated by the employment or pregnancy and failed to: a. Obtain the advice of a licensed and practicing physicianor physician assistant; b. Obtain certification of release for work from a licensed and practicing physicianor physician assistant; c. Return to the employer and offer services upon recovery and certification for work by a licensed and practicing physicianor physician assistant; or d. Fully recover so that the claimant could perform all of the duties of the job.

ITEM 3. Amend paragraph 24.26(6)"a" as follows: a. Nonemployment related separation.The claimant left because of illness, injury or pregnancy upon the advice of a licensed and practicing physicianor physician assistant. Upon recovery, when recovery was certified by a licensed and practicing physicianor physician assistant, the claimant returned and offered to perform services to the employer, but no suitable, comparable work was available. Recovery is defined as the ability of the claimant to perform all of the duties of the previous employment.

ITEM 4. Amend subrule 24.26(9) as follows: 24.26(9) The claimant left employment upon the advice of a licensed and practicing physicianor physician assistant for the sole purpose of taking a family member to a place having a different climate and subsequently returned to the claimant’s regular employer and offered to perform services, but the claimant’s regular or comparable work was not available. However, during the time the claimant was at a different climate the claimant shall be deemed to be unavailable for work notwithstanding that during the absence the claimant secured temporary employment. (Family is defined as: wife, husband, children, parents, grandparents, grandchildren, foster children, brothers, brothers-in-law, sisters, sisters-in-law, aunts, uncles or corresponding relatives of the classified employee’s spouse or other relatives of the classified employee or spouse residing in the classified employee’s immediate household.)ARC 6638CEconomic Development Authority[261]Filed Emergency After Notice

Rule making related to butchery innovation and revitalization program

The Economic Development Authority hereby amends Chapter 51, “Butchery Innovation and Revitalization Program,” Iowa Administrative Code. Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 15.106A and 15E.370.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 15E.370.Purpose and Summary The Butchery Innovation and Revitalization Program was created in 2021 and received an appropriation of $1 million in 2022 Iowa Acts, House File 2564. These amendments to the rules implementing the program do the following: 1. Require that applicants have an assessment of the proposed investment completed by the Center for Industrial Research and Service (CIRAS) at Iowa State University. 2. Create more flexibility in designation of the application review committee by the Authority Director, in consultation with the Iowa Secretary of Agriculture. 3. Increase the maximum award amount from $50,000 to $100,000. 4. Update the scoring criteria. These amendments have been reviewed by representatives of the Iowa Department of Agriculture and Land Stewardship.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 24, 2022, as ARC 6470C. No public comments were received. No changes from the Notice have been made.Reason for Waiver of Normal Effective Date Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), the Authority finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on October 21, 2022, because the rules govern a financial assistance program benefitting Iowa meat processing businesses. The earlier effective date allows for an earlier application window.Adoption of Rule Making This rule making was adopted by the Authority Board on October 21, 2022.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199.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 became effective on October 21, 2022. The following rule-making actions are adopted:

ITEM 1. Amend rule 261—51.1(15E) as follows:

261—51.1(15E) Purpose. Pursuant to Iowa Code section 15E.370 as enacted by 2021 Iowa Acts, House File 857, section 1, the authority is authorized to provide financial assistance to businesses for projects relating to butchery innovation and revitalization as identified in this chapter.

ITEM 2. Adopt the following new definition of “CIRAS” in rule 261—51.2(15E): "CIRAS" means the center for industrial research and service at Iowa state university of science and technology.

ITEM 3. Adopt the following new paragraph 51.3(1)"h": h. The applicant must have an assessment of the applicant’s proposed investment completed by CIRAS prior to submission of an application.

ITEM 4. Amend rule 261—51.4(15E) as follows:

261—51.4(15E) Application submittal and review process. 51.4(1) The authority will develop a standardized application process and make information on applying available on the authority’s website. To apply for assistance under the program, an eligible business shall submit an application to the authority in the form and manner prescribed by the authority. 51.4(2) Applications will be accepted only during established application periods as announced on the authority’s website. Applications will be reviewed in the order received by the authority. 51.4(3) The authority may refuse to accept incomplete applications or may refuse to accept applications because of insufficient funds. 51.4(4) A scoring committee that includes authority and department staff as described in subrule 51.5(1) will consider, evaluate, and recommend applications for financial assistance under the program. The committee will review applications for financial assistance and score the applications according to the criteria described in subrule 51.5(2). Applications deemed to meet the minimum scoring criteria will be submitted to the board for a final funding decision. 51.4(5) The board, after considering the recommendations made by the committee, will determine which applications to fund and how much should be awarded to each applicant. The board has final decision-making authority on requests for financial assistance for the program. The director will take final action on all applications for financial assistance, except those rejected pursuant to subrule 51.4(3). The board may approve an award, decline to award, or refer an application back to staff for further review and recommendation. 51.4(6) The maximum amount of financial assistance awarded to an eligible business for all applications under the program shall not exceed $50,000$100,000. The board may increase the maximum amount of financial assistance per eligible business if funds are made available for the program in addition to the funds appropriated by 2021 Iowa Acts, House File 871. 51.4(7) Successful applicants will be notified in writing of an award of financial assistance, including any conditions and terms of the award.

ITEM 5. Amend rule 261—51.5(15E) as follows:

261—51.5(15E) Application scoring criteria. 51.5(1) Application scoring. A scoring committee will be composed of at least one representative of the authorityindividuals with relevant expertise and experience will be appointed by the director, at least one representative of the department appointed byin consultation with the secretary, and two additional members mutually agreed upon by the director and the secretary. The committee will evaluate the applications and give them an average numerical score between 0 and 100. The board may not approve a grant for an application that receives an average score of less than 75 points. 51.5(2) Scoring criteria. The criteria under which each application will be scored are: a. The extent to which the project benefitsexpands processing capacity or increases efficiency: 25 points. Projects that benefit local small-scale farmers by creating or expanding opportunities to market processed meat under private labels or by providing, provide greater flexibility or convenience to have animals processed: 25 points. Projects that increase processing capacity or efficiency, or establish an essential community asset will receive more points. Projects that are likely to negatively impact existing meat processing businesses will receive fewer points. The committee may also consider the extent of any likely negative impact. b. The extent to which the project establishes an essential community asset: 25 points. Projects that are likely to negatively impact existing meat processing businesses will receive fewer points. The committee may also consider the extent of any likely negative impact.The sufficiency of the proposed project’s financing structure, the feasibility of the sources of funds, and the appropriateness of the proposed uses of the funds: 25 points. Applicants that can demonstrate that the applicant has planned for long-term use of the project will receive more points. c. The sufficiency of the proposed project’s financing structure, the feasibility of the sources of funds, and the appropriateness of the proposed uses of the funds: 15 points.The extent to which the proposed investment is consistent with the opportunities identified in the assessment completed by CIRAS pursuant to paragraph 51.3(1)“h”: 15 points. d. The extent to which the applicant has planned for long-term use of the project and the likelihood of long-term use: 15 points. e. d. The number and quality of jobs to be created by the applicant as a result of the projector the extent to which the proposed investment uses automation to address workforce issues: 1015 points. Projects that create more jobs or higher quality jobs will receive more points. Factors the committee will consider in assessing the quality of jobs include, but are not limited to, wages and benefits.Projects that utilize technology to address the workforce needs of the business, resulting in a more skilled workforce or increased processing capacity, will also receive more points. f. e. The financial need of the applicant: 10 points. Applicants that received a business improvement grant from the department for expenses incurred between March 1, 2020, and December 1, 2020,or a previous grant from the program will receive fewer points. f. The completeness of the application information and sufficiency of detail used to describe the project in the application: 10 points.

ITEM 6. Rescind rule 261—51.6(15E).

ITEM 7. Renumber rules 261—51.7(15E) to 261—51.9(15E) as 261—51.6(15E) to 261—51.8(15E).

ITEM 8. Amend 261—Chapter 51, implementation sentence, as follows: These rules are intended to implement Iowa Code section 15E.370 as enacted by 2021 Iowa Acts, House File 857, section 1. [Filed Emergency After Notice 10/21/22, effective 10/21/22][Published 11/16/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/16/22.ARC 6636CAgriculture and Land Stewardship Department[21]Adopted and Filed

Rule making related to the renewable fuel infrastructure program

The Agriculture and Land Stewardship Department hereby amends Chapter 13, “Renewable Fuel Infrastructure Board—Organization,” Chapter 14, “Renewable Fuel Infrastructure Program for Retail Motor Fuel Sites,” and Chapter 16, “Renewable Fuel Infrastructure Program Administration,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in 2022 Iowa Acts, House File 2128.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 159A and 2022 Iowa Acts, House File 2128.Purpose and Summary These amendments make several changes to the Renewable Fuel Infrastructure Program to implement 2022 Iowa Acts, House File 2128. Specifically, this rule making:

Adds definitions for “special status,” “tier I site,” “tier II site,” and “tier III site.”

Updates allowable purchases to E-85 and B-20 compatible infrastructure.

Removes the option of a three-year cost-share agreement.

Provides for prioritization of special status applicants and tier I through tier III sites, including updated cost-share rates.

Makes other conforming changes to reflect requirements of House File 2128.

Updates outdated Iowa Code references.

Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 27, 2022, as ARC 6426C. A public hearing was held on August 24, 2022, at 11 a.m. in the Second Floor Conference Room, Wallace State Office Building, Des Moines, Iowa. Fuel Iowa attended the public hearing and offered support for the changes that have been made and for the collaborative process that was used to develop the changes. No other public comments were received. One change from the Notice has been made to correct an Iowa Code reference.Adoption of Rule Making This rule making was adopted by the Department on October 17, 2022.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 21—Chapter 8.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 January 1, 2023. The following rule-making actions are adopted:

ITEM 1. Amend rule 21—13.1(159A) as follows:

21—13.1(159A) Definitions. As used in these rules, unless the context otherwise requires, the definitions in Iowa Code section 159A.11 shall apply to this chapter and to 21—Chapters 14, 15, and 16. The following definitions shall also apply: "Agreement" means the cost-share agreement executed by the department after approval of the grant by the board. "Applicant" means a person, as defined in this rule, who owns or operates a site. "Biodiesel," for the purpose of this rule, must be at least B99. "Biodiesel blended fuel," as defined in Iowa Code section 214A.1, means a blend of biodiesel with petroleum-based diesel fuel which meets the standards, including separately the standard for its biodiesel component. For the purpose of these rules, biodiesel blended fuel must contain at least 2 percent biodiesel at a terminal site and at least 15 percent at a retail site. "Biofuel" means ethanol or biodiesel as defined in Iowa Code section 214A.1. "Blender pump," for the purpose of these rules, means blending biofuel. When blending ethanol, the pump musthave the capacity to dispenseE-15 and E-85 gasoline at all times.When blending biodiesel, the pump must have the capacity to dispense biodiesel blended fuel classified as B-5 or higher at all times. "Board" means the renewable fuel infrastructure board established by Iowa Code section 159A.13. "Checklist" "IDNR checklist" means the most recent version of the Underground Storage Tank System Checklist for Equipment Compatibility with E-Blend Fuels (greater than 10 percent by volume) issued by the Iowa department of natural resources. "Grant" "cost-share grant" means moneys awarded by the board on a cost-share basis from the renewable fuel infrastructure fund created by Iowa Code chapter 15G159A to help pay for a project. "Person" means an individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity as defined in Iowa Code section 4.1(20). "Project" means the installation of equipment for motor fuel storage, dispensing and distribution of E-15 or E-85higher gasoline, biodiesel or biodiesel blendblended fuel classified as B-5 or higher. "Rack" means a metered motor fuel, special fuel or renewable fuel loading facility with the capacity to pump fuel at a rate of at least 100 gallons per minute (100 gpm); whether from an overhead, lateral, or underneath position, into a transportation vessel for further delivery. "Renewable fuel," as defined in Iowa Code section 214A.1, means a combustible liquid derived from grain starch, oilseed, animal fat, or other biomass; or produced from a biogas source, including any nonfossilized decaying organic matter which is capable of powering machinery, including but not limited to an engine or power plant. Renewable fuel includes but is not limited to biofuel, ethanol blended gasoline, or biodiesel blended fuel meeting the standards provided in Iowa Code section 214A.2. "Retail" means offered for sale to the public for final consumption. "Retail motor fuel site" means a site at which motor fuel is offered for sale to the public for final consumption. A retail motor fuel site may include a tank vehicle or transport. "Special status" means a retail motor fuel site that does not comply with the E-15 access standard under Iowa Code section 214A.32 as enacted by 2022 Iowa Acts, House File 2128, section 2, and is ineligible to be issued an E-15 incompatible infrastructure Class 2 waiver order. "Tank vehicle" means a motor vehicle designed to transport liquid or gaseous materials within a tank having a rated capacity of 1,001 or more gallons either permanently or temporarily attached to the vehicle or chassis. "Tier I site" means a retail motor fuel site as described in Iowa Code section 159A.14(4B)“b” as enacted by 2022 Iowa Acts, House File 2128, section 93. "Tier II site" means a retail motor fuel site as described in Iowa Code section 159A.14(4B)“c” as enacted by 2022 Iowa Acts, House File 2128, section 93. "Tier III site" means a retail motor fuel site as described in Iowa Code section 159A.14(4B)“d” as enacted by 2022 Iowa Acts, House File 2128, section 93.

ITEM 2. Amend subrule 13.2(4) as follows: 13.2(4) Meetings. Board meetings will generally be held by telephone or at the department’s offices, electronically, or by telephone. All meetings shall comply with Iowa Code chapter 21.

ITEM 3. Amend rule 21—14.2(159A) as follows:

21—14.2(159A) Eligible applicants. To be eligible to receive a retail motor fuel site infrastructure grant, an applicant shall: 14.2(1) Be an owner or operator of a retail motor fuel site. 14.2(2) Submit an application to the department in form and content acceptable to the department and the board. 14.2(3) Meet the following eligibility requirements established by the board: a. The fuel storage and dispensing infrastructure may include either an aboveground or belowground storage tank and ancillary equipment. b. Rescinded IAB 6/8/16, effective 7/13/16. c. b. The storage tank must, however, be used exclusively for retail delivery to the final consumer. d. c. If a tank has multiple compartments, at least one of the compartments must be used exclusively for the storage and dispensing of ethanol blended gasoline at or betweenclassified as E-15 and E-85or higher, biodiesel or biodiesel blended fuelclassified as B-5 or higher at retail. The compartment used exclusively for the storage of ethanol blended gasoline at or between E-15 and E-85or higher, biodiesel or biodiesel blended fuel is considered the tank for purposes of this program. e. d. The tank and ancillary equipment must be approved for ethanol blended gasoline at or between E-15 andclassified as E-85or higher, biodiesel or biodiesel blended fuelclassified as B-20 or higher use by either the Iowa department of natural resources or the state fire marshal, as evidenced by the most recent IDNR checklist. f. e. The dispenser and dispenser components must be listed by an independent testing laboratory, approved by the manufacturer or approved by the state fire marshal as compatible with ethanol blended gasoline at or between E-15 andclassified as E-85or higher. An Iowa-licensed installer has been identified to perform the installation. g. f. Conversion kits. If a UL-listed E-85 dispenser conversion kit is used, it must be approved by the state fire marshal to be eligible for the E-85 grant.

ITEM 4. Rescind rule 21—16.1(159A).

ITEM 5. Renumber rules 21—16.2(159A) to 21—16.5(159A) as 21—16.1(159A) to 21—16.4(159A).

ITEM 6. Amend renumbered rules 21—16.1(159A) to 21—16.4(159A) as follows:

21—16.1(159A) Form of award available; award amount. 16.1(1) Form of award. Eligible applicants may apply for financial incentives on a cost-share basis. Funding shall be available in the form of a grant. 16.1(2) Timing of application. A grant may be awarded for an eligible project not yet commenced. However, a grant for an initial application may not be awardedsubmitted more than one year after the project is put in service. 16.1(3) Amount of award. a. Retail award site. (1) Three-year cost-share agreement for a retail site. The maximum award amount is 50 percent of the actual cost of making the improvements or $30,000, whichever is less. (2) (1) Five-year cost-share agreement for a retail site. The 1. For a tier I site, the maximum award amount is 90 percent of the actual cost of making the improvement or $63,900, whichever is less. 2. For a tier II site, the maximum award amount is 75 percent of the actual cost of making the improvement or $53,250, whichever is less. 3. For a tier III site, themaximum award amount is 70 percent of the actual cost of making the improvements or $50,000, whichever is less. (3) Supplemental financial incentives. A person may be granted supplemental financial incentives as an amendment to the cost-share agreement.

Supplemental award for Underwriters Laboratories upgrade. The purpose of an award for Underwriters Laboratories (UL) is to upgrade to UL-certified dispensers, blender pumps and dispensing infrastructure, UL-approved conversion kits and approved and insurable installation projects. The maximum amount available as a supplemental financial incentive is 75 percent of the actual cost of making the improvements or $30,000, whichever is less. The dispenser can be listed by an independent certified testing laboratory or Underwriters Laboratories (UL) as compatible with ethanol blended gasoline classified as E-9 or higher.
Supplemental award for additional tank and associated infrastructure. A person may request a supplemental financial incentive for tank and associated infrastructure, as an amendment to the subsequent cost-share agreement(s). The purpose of an award for an additional tank(s) and associated infrastructure is to accelerate the installation of an additional tank(s) and associated infrastructure at an additional retail motor fuel site after an initial grant award is provided. The maximum award amount available as a supplemental financial incentive is $6,000 per supplemental site. The person is limited to four supplemental financial incentive awards within the 12-month period following the completion of the initial retail motor fuel site project.

(2) Supplemental award for additional tank and associated infrastructure. A person may request a supplemental financial incentive for a tank and associated infrastructure, as an amendment to the subsequent cost-share agreement(s). The purpose of an award for an additional tank(s) and associated infrastructure is to accelerate the installation of an additional tank(s) and associated infrastructure at an additional retail motor fuel site after an initial grant award is provided. The maximum award amount available as a supplemental financial incentive is $6,000 per supplemental site. The person is limited to four supplemental financial incentive awards within the 12-month period following the completion of the initial retail motor fuel site project. b. Terminal facility award for biodiesel B2 through B98 and B99/B100 for year-round distribution. (1) Biodiesel fuel B2 through B98.

Duration. The duration of the cost-share agreement shall be five years.
Maximum award. The maximum award amount is 50 percent of the actual cost of making the improvements or $50,000, whichever is less.

(2) Biodiesel fuel B99/B100 for year-round distribution.

Duration. The duration of a cost-share agreement is five years.
Maximum award amount. The maximum award amount is 50 percent of the actual cost of making the improvements or $100,000, whichever is less.
Lifetime cap amount. The maximum or lifetime cap for B99/B100 biodiesel terminal grants is $800,000 per person.

c. Tank vehicle.Rescinded IAB 6/8/16, effective 7/13/16. 16.1(4) Time of payment. The grant shall be paid only upon timely completion of the project and upon the board’s receipt of records satisfying the board of the applicant’s qualifying expenditures. a. The applicant must deliver to the board prior to payment a certificate of completion on the board’s form. b. The certificate of completion must include the IDNR checklist completed and signed by an Iowa-certified installer showing review and approval of the completed project. c. The certificate of completion must be accompanied by proof of financial responsibility as necessary to meet federal requirements for underground storage tank installation. 16.1(5) Deadline for completion. The project must be completed within eight months of the board’s approval of the award. An extension may be granted by the board upon application showing demonstrable progress toward completion. 16.1(6) Multiple awards for multiple fuel types. a. At a single fuel site.A person must file a separate application form for an ethanol infrastructure improvement grant and a biodiesel infrastructure improvement grant, respectively, at a single fuel site. The board may approve multiple improvements to the same retail motor fuel site for the full amount available for ethanol infrastructure and biodiesel infrastructure. Applications for ethanol and biodiesel infrastructure improvements must be written in separate cost-share agreements. b. At multiple fuel sites.A person may receive multiple grants as described in paragraph 16.2(6)“a”16.1(6)“a” for more than one motor fuel site. When considering multiple grants for multiple fuel sites, the board will make awards fairly and properly among applicants and geographic areas. 16.1(7) Exhaustion of funds. In the event funding is exhausted at the end of the fiscal year, the board shallmay approve remaining applications based on criteria implemented by the board.

21—16.2(159A) Application process. 16.2(1) Application procedures. a. Applications may be submitted at any time, but will be reviewed on a first-come, first-served basis as established by the date stamp on the filed application. b. Applications shall be submitted to: Renewable Fuel Infrastructure Board, Iowa Department of Agriculture and Land Stewardship, 502 East Ninth Street, Des Moines, Iowa 50309. Application forms and instructions are available at this address. 16.2(2) Contents of application. a. Statutory requirements. An application shall include the information required in Iowa Code section 15G.203chapter 159A. b. Other information required by the board: (1) Assurance that the project will be for the purpose of installing, replacing, or converting equipment for the storage or dispensing of the renewable fuel under consideration. (2) Assurance that all equipment funded by the grant is designedE-85 or B-20 compatible and will be used exclusively to store or dispense E-15 or E-85or higher gasoline, biodiesel or biodiesel blended fuelclassified as B-5 or higher, respectively, for the period specified in the agreement. (3) An IDNR checklist indicating the current status of the site. (4) Assurance of compliance with any and all federal requirements for financial responsibility. (5) Assurance of compliance with any and all state and federal laws and regulations. (6) A cost proposal from an Iowa-licensed underground storage tank installer (for underground storage projects) and a qualified aboveground storage tank installer (for aboveground storage projects). (7) Documentation of initiation of the process of applying to an independent laboratory and the manufacturer’s written statement that the dispenser is “not incompatible.”

21—16.3(159A) Review process. 16.3(1) The underground storage tank fund board has chosen not to review the applications. The renewable fuel infrastructure board will review an application for final approval or disapproval. The renewable fuel infrastructure board shall determine the amount of financial incentives to be awarded to an applicant. 16.3(2) Completed applications, including supporting documentation of meeting eligibility requirements, will be reviewed on a first-come, first-served basis.The board shall rank applications with priority given to projects in the following order: a. A retail motor fuel site that is assigned special status. b. A retail motor fuel site that is a tier I site. c. A retail motor fuel site that is a tier II site. d. A retail motor fuel site that is a tier III site. 16.3(3) If the amount of funding requests exceeds available funds, the board shall evaluate applications based upon criteria that include, but are not limited to, the following: a. Submittal of a completed application, including supporting documentation. b. Priority status. b. c. Location factors such as demographics, proximity to major transportation corridors, and proximity to existing renewable fuel retail and storage facilities. c. d. Projected annual sales volume. d. e. Other sources of funding. e. f. Previous grants awarded.

21—16.4(159A) Contract administration. 16.4(1) Notice of award. The department shall notify approved applicants in writing of the board’s award of grants, including any conditions and terms of the approval. 16.4(2) Contract required. The board shall direct the department to prepare a cost-share agreement which shall include terms and conditions of the grant established by the board. The agreement shall: a. Describe the project in sufficient detail to demonstrate the eligibility of the project. b. State the total cost of the project expressed in a project budget that contains sufficient detail to meet the requirements of the infrastructure board. c. State the project completion deadline. d. State the project completion requirements which are preconditions for payment of the grant by the board. e. Recite the penalty for the storage or dispensing of motor fuel other than the type of renewable fuel for which the grant was awarded. (1) Awards for projects under construction or not yet started. The three- or five-year obligation to continue dispensing renewable fuel begins on the date the project is completed. (2) Awards for projects already completed. The three- or five-year obligation to continue dispensing renewable fuel begins on the date the department issues the first disbursement of grant funds, not on the date of project completion. f. Be amended to include a supplemental financial incentive, if a supplemental financial incentive is awarded by the board. 16.4(3) Disbursement of funds. Beginning January 1, 2023, the department shall only reimburse an applicant for qualifying expenditures that comply with Iowa Code sections 455G.32 and 455G.33 as enacted by 2022 Iowa Acts, House File 2128, sections 29 and 30, unless a grant was awarded to the applicant with moneys appropriated in the 2022 fiscal year budget or prior. 16.(3) 16.4(4) Repayment penalty for nonexclusive renewable fuel use. In the absence of a waiver from the board, the department may impose a 25 percent penalty due to a grant recipient’s use of infrastructure equipment for which a grant was awarded, for the storage or dispensing, within the time frame stated in the agreement, of motor fuel other than the type of renewable fuel for which the grant was awarded. 16.(4) 16.4(5) Repayment or board waiver. A grant recipient may not use the infrastructure to store and dispense motor fuel other than the type approved by the board, unless one of the following applies: (1) the grantee is granted a waiver by the board, or (2) the grantee pays back the moneys awarded including a 25 percent penalty. 16.(5) 16.4(6) Waiver criteria. The board may waive repayment of grant funds plus the 25 percent penalty. A grant recipient seeking a waiver during the time period in which a cost-share agreement is in effect shall submit a written waiver request to the board. The board will consider waiver requests under the following circumstances: a. Permanent waiver. (1) Waiver due to demonstration of good cause (no repayment and no 25 percent penalty). A grant recipient may request a permanent waiver during the time period in which a cost-share grant agreement is in effect if the grant recipient can demonstrate good cause for failure to continue using the approved renewable fuel. “Good cause” includes, but is not limited to, events such as the following:

Permanent business closure due to bankruptcy.
Permanent closure of underground or aboveground storage tanks.

(2) Waiver due to demonstration of financial hardship (repayment on a sliding scale and no 25 percent penalty). A grant recipient may seek a permanent waiver of exclusive use of the approved renewable fuel during the time period in which a cost-share agreement is in effect due to financial hardship. The grant recipient must demonstrate that continuing to dispense the renewable fuel at a project site will cause a financial hardship. A request for waiver due to financial hardship shall include documentation to show a “good faith” effort to market the fuel, specifically the most recent six-month history of gallons of approved renewable fuel sold by month, marketing/advertising efforts, retail price comparison of E-15 or E-85 to E-10 (or regular gasoline) or of biodiesel to regular diesel. If a waiver is granted, the 25 percent penalty will not be assessed, but the grant funds shall be repaid as follows:at 100 percent for months one through ten of a cost-share agreement or 2 percent of the grant amount for each month remaining on the cost-share agreement after month ten.

Three-year cost-share agreement: Months 1 through 11 of the cost-share agreement, 100 percent of grant amount. Months 12 through 36 of cost-share agreement, 4 percent of grant amount for each month remaining on the cost-share agreement.
Five-year cost-share agreement: Months 1 through 10 of the cost-share agreement, 100 percent of grant amount. Months 11 through 60 of the cost-share agreement, 2 percent of grant amount for each month remaining on the cost-share agreement.

b. Temporary waiver (temporary suspension of repayment and 25 percent penalty).A grant recipient may request a temporary suspension of the obligation to use only the approved renewable fuel and a temporary waiver of the repayment plus penalty requirement. A request for a temporary waiver, or an extension of a temporary waiver, will only be considered by the board if the recipient can document to the board’s satisfaction that market forces are not allowing for advantageous sales of the approved renewable fuel. A grant recipient shall submit documentation of the previous six-month sales history and marketing attempts to substantiate the grant recipient’s request for a temporary waiver. The following conditions apply to requests for a temporary waiver: (1) A temporary waiver will not be granted during the first six months of a cost-share agreement. (2) A temporary waiver will not shorten the grant recipient’s obligation to use the infrastructure to store and dispense the approved renewable fuel for a minimum of three years or five years. If the board approves a temporary waiver, the duration of the cost-share agreement will be extended by the length of the approved waiver period. (3) A grant recipient may request a temporary waiver of up to six months. The board may approve one or more six-month waivers, provided the total cumulative time period allowed for temporary waivers shall not exceed two years. (4) If a state executive order suspending the Iowa Renewable Fuel Standard (RFS) schedule is issued, the board may decide to grant a temporary waiver to all grant recipients. The board will establish the duration of the waiver and provide written notice to all grant recipients of the board’s action. When the board determines that a temporary waiver is necessary due to suspension of the Iowa RFS schedule, the three-year or five-year duration of the cost-share agreement will not be extended by the length of the temporary waiver. [Filed 10/25/22, effective 1/1/23][Published 11/16/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/16/22.ARC 6676CChild Advocacy Board[489]Adopted and Filed

Rule making related to five-year review of rules

The Child Advocacy Board hereby amends Chapter 1, “Purpose and Function,” Chapter 2, “Rules and Operation for the State Board,” Chapter 3, “Local Foster Care Review Boards,” Chapter 4, “Court Appointed Special Advocate Program,” and Chapter 5, “Public Records and Fair Information Practices,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 237.18.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 237.18 and 2022 Iowa Acts, House Files 2390, 2252, and 2507.Purpose and Summary A comprehensive review of Chapters 1 through 5 was performed in accordance with the requirements in Iowa Code section 17A.7(2) and the enactment of 2022 Iowa Acts, House Files 2390 and 2252. These amendments update rules in accordance with current practice and legislative changes, eliminate redundancy, and make rules more user-friendly.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 21, 2022, as ARC 6544C. The Board did not receive any public comments but did receive an inquiry from a representative regarding the deletion of “general assembly” from rule 489—1.1(237). The deletion of “general assembly” from rule 489—1.1(237) was corrected.Adoption of Rule Making This rule making was adopted by the Board on October 26, 2022.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 Iowa Code section 17A.9A.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 December 21, 2022. The following rule-making actions are adopted:

ITEM 1. Amend rule 489—1.1(237) as follows:

489—1.1(237) Purpose. The child advocacy board is established by Iowa Code section 237.16 to carry out all duties described in Iowa Code section 237.18. The board is charged with the responsibility of establishing a foster care registry, establishing local review boards to review cases of children in foster care, establishing a training program formembers of the state board members, establishing procedures and protocols for administering thelocal foster care review board and court appointed special advocate program, receiving and administering funds received for the state board’s programs and annually reporting findings and making recommendations to the governor,the general assembly, the supreme court, the chief judge of each judicial district, the department, and child-placing agencies, and the state court administrator for dissemination to the supreme court and the chief judge of each judicial district. 1.1(1) Location. The child advocacy board is located in the Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0083; telephone (515)281-7621(866)448-4608. Office hours are 8 a.m. to 4:30 p.m., Monday through Friday, except on state holidays. The child advocacy board is created within the department of inspections and appeals. 1.1(2) Definitions. The following definitions apply to the rules of the child advocacy board. "Case permanency plan" means the same as defined in Iowa Code section 232.2(4), except the plan shall also include all of the following, but not be limited to:

The efforts to place the child with a relativeTime frames to meet the stated permanency goal and short-term objectives.
The rationale for an out-of-state placement, and the efforts to prevent such placement, if the child has been placed out of statecare and services that will be provided to the child, biological parents, the child’s fictive kin, and foster parents.
Time frames to meet the stated permanency goal and short-term objectivesThe efforts to place the child with a relative or fictive kin.
The rationale for an out-of-state placement, and the efforts to prevent such placement, if the child has been placed out of state.

"Child receiving foster care" means a child defined in Iowa Code section 234.1237.15(2) who is described by any of the following circumstances:

The child’s foster care placement is the financial responsibility of the state pursuant to Iowa Code section 234.35.
The child is under the guardianship of the department.
The child has been involuntarily hospitalized for mental illness pursuant to Iowa Code chapter 229.
The child is at risk of being placed outside the child’s home, the department or court is providing or planning to provide services to the child, and the department or court has requested the involvement of the state or local board.

"Court appointed special advocate" means the same as defined in Iowa Code section 232.2a person duly certified by the child advocacy board created in Iowa Code section 237.16 for participation in the court appointed special advocate program and appointed by the court to carry out the duties pursuant to Iowa Code section 237.24 as enacted by 2022 Iowa Acts, House File 2507, section 65. "Department" means the department of human services. "Family" means the social unit consisting of the child and the biological or adoptive parent, stepparent, brother, sister, stepbrother, stepsister, and grandparent of the child. "Fictive kin" means an adult person who is not a relative of a child but who has an emotionally positive significant relationship with the child or the child’s family. "Local board" means a local citizen foster care review board created pursuant to Iowa Code section 237.19. "Person or court responsible for the child" means the department, including but not limited to the department of human services, agency, or individual who is the guardian of a child by court order issued by the juvenile or district court and has the responsibility of the care of the child, or the court having jurisdiction over the child. "State board" means the child advocacy board created pursuant to Iowa Code section 237.16.

ITEM 2. Amend subrule 2.1(3), introductory paragraph, as follows: 2.1(3) Meetings. The state board shall meet at least twice a year. Notice of a meeting is published at least seven days in advance of the meeting and will be mailedprovided to interested persons upon request. The notice shall contain the specific date, time and place of the meeting. The agenda will be made available to any interested person not less than seven days in advance of the meeting. All meetings will be open to the public, pursuant to Iowa Code chapter 21, unless a closed session is voted by a quorum. The operation of the state board meetings will be governed by the following rules of procedure.

ITEM 3. Amend rule 489—2.2(237) as follows:

489—2.2(237) Administrator. 2.2(1) The state board appoints an administrator for the child advocacy board. The administrator is responsible for the ongoing administration of the state and local boards’ activities and of the court appointed special advocate program. 2.2(2) The administrator: 1a. Applies for and administers funds necessary for operations of the child advocacy board and the foster care review board and the court appointed special advocate program. 2b. Employs, discharges, trains, and supervises foster care review board and court appointed special advocate program employees. 3c. Develops and implements policies and procedures needed to implement requirements of federal law and regulations and state law and administrative rules. 4d. Develops and recommends administrative rules for promulgation by the state board as needed to govern the operation of the state board, the foster care review board program and the court appointed special advocate program. 5e. Ensures training is provided for state and local board members, court appointed special advocates and coaches and any other volunteers supporting the state board’s programs. 6f. Ensures that relationships are developed and maintained between the local board and judges, juvenile court referees, local departments, juvenile court services, and advocacy groups. 7g. Coordinates efforts to ensure community awareness of state and local boards and the court appointed special advocate program. 8h. Works closely with allied agencies and associations to ensure that efforts relating to state and local boards and the court appointed special advocate program are coordinated and consistent.

Develops a management information system and procedures which provide feedback to local agencies serving the children to be reviewed, schedules for review, and recommendations following reviews and which provide reports of court appointed special advocate observations, findings, and recommendations to the court and parties to the child’s case to which the advocate is assigned.
Designs forms and specifies the means by which foster care agencies may transmit case information to local boards.

This rule is intended to implement Iowa Code sections 17A.3 and 237.18(5).

ITEM 4. Amend rule 489—2.3(237) as follows:

489—2.3(237) Foster care registry. The state board shall establish a registry of the placements of all children receiving foster care. The departmentagency responsible for placement shall notify the state board of each placement within five working days of the department’s notification of the placementin accordance with written protocols adopted pursuant to Iowa Code section 237.16(4) as enacted by 2022 Iowa Acts, House File 2390, section 3. The notification to the state board shall include information identifying the child receiving foster care and placement information for that child.Within 30 days of the placement or 2 days after the dispositional hearing, the agency responsible for the placement shall submit the case permanency plan to the state board. All subsequent revisions of the case permanency plan shall be submitted when the revisions are developed. This rule is intended to implement Iowa Code sections 17A.3 and 237.17.

ITEM 5. Amend rule 489—3.1(237) as follows:

489—3.1(237) Local boards. The child advocacy board shall establish local foster care boards in judicial districts as funding is made available for that purposethroughout the state. The number of local boards needed and established shall be determined by the child advocacy boardbased on the number of children in foster care and available funding. A sufficient number of boards will be established to ensure that no board shall carry a caseload larger than 100 cases. 3.1(1) The child advocacy board is responsible under the statute for establishment of policy and procedures which must be consistent with the provisions of the statuteIowa Code. Local boards are required to comply with policies and procedures. If a local board does not agree with a policy or procedure, the local board may bring that issue to the child advocacy board for discussion and request a change by the board. If the child advocacy board upholds the policy, local boards must comply. 3.1(2) Day-to-day implementation of policy is delegated by the child advocacy board to administrative staff. Staff is responsible for bringing questions about policy issues to the child advocacy board for clarification or changes of policy. 3.1(3) Any written communication from a local review board or local board member, in the member’s capacity as a board member, to state officials or media shall be sent to the child advocacy board office and reviewed by the administrator prior to its release. This rule is intended to implement Iowa Code sections 17A.3 and 237.19.

ITEM 6. Amend rule 489—3.2(237) as follows:

489—3.2(237) Membership. 3.2(1) The child advocacy board delegates responsibility to the administrator to develop and for local board coordinators to implement an application, recruitment, screening and training process for appointments to vacated local board positions: a. The process will culminate inincludes the coordinator’s preparation of a written selection rationale statement about the prospective appointee to the child advocacy boardconducting a personal interview with the applicant, obtaining character references, and completing background checks on the applicant. b. The process will include consultation with the chief judge for the court district served by the local boardbetween the coordinator and coordinator’s direct supervisor. c. The administrator will submit each written selection rationale statement electronically to all child advocacy board members no later than 30 calendar days prior to the beginning date of the local board member’s prospective term. If a board member vacates the position mid-term, the selection process and resulting written selection rationale statement shall be submitted to the child advocacy board as soon as practicable. d. Within 15 calendar days after receipt of the written selection rationale statement, any child advocacy board member may request a telephonic child advocacy board meeting to review a prospective appointment. During the meeting, child advocacy board members may raise questions and then vote for the approval or disapproval of the prospective appointment. e. If no meeting is requested, the prospective local board member is deemed approved by the child advocacy board. 3.2(2) A person employed by the department of inspections and appeals, the department of human services,or the judicial department, an employee of an agency with which the department of human services contracts for services for children under foster care, a foster parent providing foster care, or a child-placing agency shall not serve on a local board. The child advocacy board shall provide the names of the members of the local boards to the department of human services. 3.2(3) Vacancies on a local board shall be filled in the same manner as original appointments are made. 3.2(4) The term of a local board member’s appointment shall not exceed threefour years. The child advocacy board shall fix the tenure of individual appointments so that no more than one-third of the membership’s terms expire in a given year.A local board member may serve continuous successive terms. 3.2(5) The administrator shall develop a local board member evaluation process. The local board coordinator shall complete the evaluation process at least once for each local board member during the member’s three-yearfour-year term. The local board coordinator, in consultation with the coordinator’s direct supervisor, shall consider the results of the evaluation when determining whether to seek appointmentapprove reappointment of the local board member to a successive term. When submitting a written selection rationale statement to the child advocacy board for a local board member to serve a successive term, the local board coordinator shall include a summary of the evaluation results for that member.Prior to any reappointment, the member shall complete updated background checks and a progress evaluation. 3.2(6) A local board member may serve continuous successive terms when selected and approved in accordance with this rule. 3.(7) 3.2(6) A quorum consists of at least threeis established when a majority of local review board members or alternatesare present. A quorum shall be present before cases can be reviewed and recommendations can be voted onare formulated. At least two members must be present during questioning of interested parties. This rule is intended to implement Iowa Code sections 17A.3 and 237.19.

ITEM 7. Rescind and reserve rule 489—3.3(237).

ITEM 8. Amend subrules 3.4(1) to 3.4(3) as follows: .(1) Local board reviews. EveryAt least every six months, the local board shall review the case of each child receiving foster care assigned to thea local board by the child advocacy boardshall be reviewed in accordance with the written protocols adopted pursuant to Iowa Code section 237.16(4) as enacted by 2022 Iowa Acts, House File 2390, section 3, to determine whether satisfactory progress is being made towards the goals of the case permanency plan pursuant to Iowa Code section 237.2. Whenever possible, reviews shall be conducted prior to court review of the cases. a. Each review will consider the following: (1) The past, current, and future status of the child and placement as shown through the case permanency plan and case progress reports submitted by the agency responsible for the placement of the child and other information the board may require. (2) The efforts of the agency responsible for the placement of the child to locate and provide services to thechild’s biological or adoptive parents, legal guardians, or fictive kin providing the majority of the childchild’s daily food, lodging, and support. (3) The efforts of the agency responsible for the placement of the child to facilitate the return of the child to the home or to find an alternative permanent placement other than foster care if reunion with the parent or previous custodian is not feasible. The agency shall report to the board all factors which either favor or mitigate against a decision or alternative with regard to these matters. b. The agency responsible for placement of the child or the local board may request an investigation of any problems, solutions, or alternatives with regard to the best interest of the child or of the state. c. The review shall include issues pertaining to the permanency plan and shall not include issues that do not pertain to the permanency plan. Each review shall includeany oral, written testimony of, or recorded statements submitted by any person notified pursuant to Iowa Code section 237.20(4), and may include oral testimony from those persons when determined to be relevant and material to the child’s placement. Case relevant written testimony from other interested parties may also be considered by the board in its review. d. A person who givesan oral testimonystatement has the right to representation by counsel at the review. Oral testimonyAn oral statement may, upon the request of the testifieran interested party or upon motion of the local board, be given in a private setting when to do so would facilitate the presentation of evidence. Local board questions shall pertain to the permanency plan and shall not include issues that do not pertain to the permanency plan. e. A list of documents and information considered by the local board shall be provided to the child, the parents, their attorneys, judge, department, and the county attorney at their request. .(2) Findings and recommendations. The local board shall submit the findings and recommendations to the appropriate courtand the department within 15 days after the review. The findings and recommendations shall include the proposed date of the next review by the local board. The report to the court shall include information regarding the permanency plan and the progress in attaining the permanency goals. The local board shall send a copy of the findings and recommendations to the persons specified insubrule3.4(3) within 15 days following the review. .(3) The local board shall notify the following persons at least ten days prior to the review of the case of a child receiving foster care: a. The person, court, or agency responsible for the child. b. The parent or parents of the child unless termination of parental rights has occurred pursuant to Iowa Code section 232.117 or chapter 600A. c. The foster care provider of the child. d. The child receiving foster care, if the child is 14 years of age or older. The child shall be informed of the review’s purpose and procedure, and of the right to have a guardian ad litem present. e. The guardian ad litem of the foster child. The guardian ad litem shall be eligible for compensation through Iowa Code section 232.141, subsection 1, paragraph “b.”232.141(2). f. The department. g. The county attorney. h. The person providing services to the child. i. The child’s attorney. j. Any intervenor.The notice shall include a statement that the person notified has the right to representation by counsel at the review.

ITEM 9. Rescind and reserve rule 489—3.5(237).

ITEM 10. Amend subrule 3.6(1) as follows: 3.6(1) To be eligible for review, the child shall meet the requirements set forth in Iowa Code sections 234.1(2), 234.35 and 234.36; or be under the guardianship of the department; and the child receiving foster care has lived out of the home for more than six months during the last two years237.15.

ITEM 11. Amend subrule 4.1(1), definition of “Court appointed special advocate,” as follows: "Court appointed special advocate" "CASAvolunteer" or “CASA”or “advocate” means a person who has volunteered and is duly certified by the child advocacy board for participation in the court appointed special advocate program and appointed by the court to represent the interest of a child in any judicial proceeding to which the child is a party or is called as a witness or relating to any dispositional order involving the child resulting from the proceeding. Unless otherwise enlarged or circumscribed by a court or juvenile court having jurisdiction over the child or by operation of law, the duties of a court appointed special advocate with respect to a child pursuant to Iowa Code section 232.2(22)“b”237.24 as enacted by 2022 Iowa Acts, House File 2390, section 15, shall include the following:

Conducting in-person interviews with the childevery 30 days, if the child’s age is appropriate for the interview, and interviewing each parent, guardian, or other person having custody of the child, if authorized by counsel.
Conducting interviews with the child, if the child’s age is appropriate for the interview, prior to any court-ordered hearing.
3Visiting the home, residence, or both home and residence of the child and any prospective home or residence of the child, including each time placement is changed.
4Interviewing any person providing medical, mental health, social, educational, or other services to the child, before any hearing referred to in paragraph “2” of this definition.
5Obtaining firsthand knowledge, if possible, of the facts, circumstances, and parties involved in the matter in which the personcourt appointed special advocate is appointed.
6Attending anydepositions, hearings, and trial proceedings in the matter in which the personcourt appointed special advocate is appointedfor the purpose of supporting the child and advocating for the child’s protection.
If the child is required to have a transition plan developed in accordance with the child’s case permanency plan and subject to review and approval of a transition committee under Iowa Code section 235.7, assisting the transition committee in development of the transition plan.
Assisting the transition committee in the development of a transition plan if the child’s case permanency plan calls for the development of a transition plan.
Submitting a written report to the juvenile court and to each of the parties identified in Iowa Code section 237.21(4) as amended by 2022 Iowa Acts, House File 2390, section 13, prior to each court hearing, unless otherwise ordered by the court. The report shall include, but not be limited to, the identified strengths and concerns of the child and the child’s family, along with recommendations about the child’s placement and best interest.

ITEM 12. Adopt the following new definition of “Coach” in subrule 4.1(1): "Coach" "CASA coach" means a duly certified court appointed special advocate volunteer who has received additional training to assist the coordinator by overseeing facets of the court appointed special advocate’s case work.

ITEM 13. Amend subrules 4.1(2) and 4.1(3) as follows: 4 4.1 1(2) Program mission. The court appointed special advocate (CASA) program certifies and guides trained community volunteers to serve as an effective voice in court for abused and neglected children, strengthening efforts to ensure that each child is living in a safe, permanent and nurturing home.CASA of Iowa trains and supports community volunteers to advocate for a safe and permanent home for children who have experienced abuse and neglect, and works collaboratively to ensure their voice is heard. 4 4.1 1(3) Program goal. The CASA program will provide certified advocates for every abused and neglected childwho has experienced abuse or neglect and for whom an advocate is authorized by an Iowa court.

ITEM 14. Rescind rule 489—4.2(237) and adopt the following new rule in lieu thereof:

489—4.2(237) Program requirements. 4.2(1) Establishing additional procedures and protocols. a. The state board is responsible for establishment of procedures and protocols consistent with the Iowa Code. b. Responsibility is delegated by the state board to the administrator to establish and submit to the board for approval a program policy and procedures manual that provides detailed guidance to child advocacy board staff and volunteers on application of these rules and the statutes that govern the operation of the court appointed special advocate program. c. Child advocacy board staff and volunteers are required to comply with the protocols and procedures established by the state board and the provisions of the policy and procedures manual established by the administrator and approved by the board. d. Day-to-day implementation of program policy is delegated by the state board to administrative staff. Staff is responsible for bringing questions about policy issues to the state board for clarification or changes of state policy. 4.2(2) Operation requirements. a. The state board delegates responsibility to the administrator to hire, train, and manage staff throughout the state to implement CASA programming. The administrator shall determine the number of court appointed special advocates or coaches an individual coordinator may supervise. b. The state board delegates responsibility to the administrator to provide additional information or guidance in the program’s policy and procedures manual regarding the analysis of applicant qualifications and requirements for the final selection of CASA volunteers and coaches. c. The coordinator is responsible for recruiting, screening, selecting, training and supervising court appointed special advocates. d. The CASA selection is made in a manner that provides the best match available between the knowledge, skills, abilities, and availability of the advocate and the needs of the child. The assignments shall be made in a manner that avoids conflicts of interest, risk to the child’s or advocate’s safety, and jeopardy to the program’s integrity. e. Upon selection of the CASA who will serve on an individual case, the court and all interested parties are notified of the selection. f. The selected CASA continues to serve on the case until the assignment is terminated by the court. 4.2(3) CASA advocate qualifications. Potential coaches and advocates shall meet the following qualifications: a. Possess a genuine interest in advocating for children and their rights and needs. b. Have availability to complete mandatory duties. c. Commit to serve on a case until terminated by the court. d. Have the ability to interact with persons involved in the child welfare system. e. Have the ability to communicate effectively both in verbal and written presentations. f. Be at least 19 years of age or older. g. Not be a person employed by the state board, the department of human services, the district court, or an agency with which the department of human services contracts for services for children. h. Agree to use the child advocacy board’s data management system for case work. 4.2(4) Application requirements for CASA volunteers. All CASA volunteer applicants shall complete the following requirements: a. Submit a program application to the program office. b. Provide the names and addresses of at least three nonrelative personal references. c. Participate in at least one personal interview with the local coordinator. d. Complete mandatory CASA preservice training. e. Take a confidentiality oath, administered by the presiding juvenile court judge, or designee, for whom the CASA will be performing official duties. f. Authorize a release of information for the CASA program to conduct a complete criminal history check of the applicant’s background, including, but not limited to, checking records in the court jurisdiction in which the applicant has resided, state criminal records, Federal Bureau of Investigation or other national criminal database, sex offender registry, child abuse registry, and social security number verification. Applicants who refuse to sign required background check releases will not be considered for the CASA program. g. Individuals with a negative background check finding may be approved to be a court appointed special advocate in accordance with the CASA of Iowa child abuse registry/criminal background check exemption policy. This rule is intended to implement Iowa Code sections 17A.3 and 237.18.

ITEM 15. Rescind rule 489—4.3(237) and adopt the following new rule in lieu thereof:

489—4.3(237) Training. All child advocacy board staff and court appointed special advocate volunteers shall complete preservice and continuing education requirements. This rule is intended to implement Iowa Code sections 17A.3 and 237.18.

ITEM 16. Amend rule 489—4.4(237) as follows:

489—4.4(237) Adherence to national guidelines. The National Court Appointed Special Advocate/Guardian ad Litem Associationfor Children has established a national quality assurance system for CASA programs. The primary goal of the system is to strengthen CASA organizations and support their efforts to provide high-quality child advocacy and achieve the maximum level of excellence. The national CASA self-assessment tools, one for state organizations and another for local programs, are used once every four years to measure compliance with quality standards. The quality standards cover organizational mission; governance, ethics and compliance with laws and regulations; planning, assessment and evaluation; human resource management; financial and risk management; public relations; quality assurance; national CASA affiliation; new organization development; and inclusiveness and diversity. The child advocacy board has participated in this rigorous self-assessment process and has obtained certification of compliance with the standards. The boardCASA of Iowa shall continue to maintain compliance with the standards and, within the limits of available funding, shall deploy resources to maintain compliance in the future. This rule is intended to implement Iowa Code sections 17A.3 and 237.18.

ITEM 17. Amend rule 489—4.5(237) as follows:

489—4.5(237) Children eligible for assignment of a court appointed special advocate. The court appointed special advocate programCASA of Iowa serves any child for whom the court appoints a court appointed special advocateas long as the resources to do so are available. This rule is intended to implement Iowa Code sections 17A.3 and 237.18.

ITEM 18. Rescind 489—Chapter 5, preamble.

ITEM 19. Rescind rule 489—5.1(22) and adopt the following new rule in lieu thereof:

489—5.1(22) Definitions. As used in this chapter: "Agency" means the child advocacy board. "Confidential record" means a record which is not available as a matter of right for examination and copying by members of the public under applicable provisions of law. Confidential records include records or information contained in records that the agency is prohibited by law from making available for examination by members of the public, and records or information contained in records that are specified as confidential by Iowa Code section 22.7, or other provision of law, but that may be disclosed upon order of a court, the lawful custodian of the record, or by another person duly authorized to release the record. Mere inclusion in a record of information declared confidential by an applicable provision of law does not necessarily make that entire record a confidential record. "Custodian" means an agency or a person lawfully delegated authority by the agency to act for the agency in implementing Iowa Code chapter 22. "Open record" means a record other than a confidential record. "Personally identifiable information" in these rules means information about or pertaining to an individual in a record which identifies the individual and which is contained in a record system. "Record" means the whole or a part of a “public record,” as defined in Iowa Code section 22.1, that is owned by or in the physical possession of this agency. "Record system" means any group of records under the control of the agency from which a record may be retrieved by a personal identifier such as the name of an individual, number, symbol, or other unique retriever assigned to an individual.

ITEM 20. Adopt the following new rule 489—5.2(22):

489—5.2(22) Statement of policy. The purpose of this chapter is to facilitate broad public access to open records. It also seeks to facilitate sound agency determinations with respect to the handling of confidential records and the implementation of the fair information practices Act. This agency is committed to the policies set forth in Iowa Code chapter 22; agency staff shall cooperate with members of the public in implementing the provisions of that chapter.

ITEM 21. Rescind rule 489—5.3(22) and adopt the following new rule in lieu thereof:

489—5.3(17A,22) Requests for access to records. 5.3(1) Location of record. A request for access to a record should be directed to the child advocacy board or the particular agency office where the record is kept. If the location of the record is not known by the requester, the request shall be directed to the Child Advocacy Board, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0083. If a request for access to a record is misdirected, agency personnel will promptly forward the request to the appropriate person within the agency. 5.3(2) Office hours. Open records shall be made available during all customary office hours, which are 8 a.m. to 4:30 p.m., Monday through Friday, except legal holidays. 5.3(3) Fees. a. When charged.The agency may charge fees in connection with the examination or copying of records only if the fees are authorized by law. To the extent permitted by applicable provisions of law, the payment of fees may be waived when the imposition of fees is inequitable or when a waiver is in the public interest. b. Copying and postage costs.Price schedules for published materials and for photocopies of records supplied by the agency shall be prominently posted in agency offices. Copies of records may be made by or for members of the public on agency photocopy machines or from electronic storage systems at cost as determined and posted in agency offices by the custodian. When the mailing of copies of records is requested, the actual costs of such mailing may also be charged to the requester. c. Supervisory fee.An hourly fee may be charged for actual agency expenses in supervising the examination and copying of requested records when the supervision time required is in excess of one hour. The custodian shall prominently post in agency offices the hourly fees to be charged for supervision of records during examination and copying. That hourly fee shall not be in excess of the hourly wage of an agency clerical employee who ordinarily would be appropriate and suitable to perform this supervisory function. d. Advance deposits. (1) When the estimated total fee chargeable under this subrule exceeds $25, the custodian may require a requester to make an advance payment to cover all or a part of the estimated fee. (2) When a requester has previously failed to pay a fee chargeable under this subrule, the custodian may require advance payment of the full amount of any estimated fee before the custodian processes a new request from that requester.

ITEM 22. Adopt the following new rule 489—5.4(22):

489—5.4(22) Access to confidential records. Under Iowa Code section 22.7 or other applicable provisions of law, the lawful custodian may disclose certain confidential records to one or more members of the public. Other provisions of law authorize or require the custodian to release specified confidential records under certain circumstances or to particular persons. In requesting the custodian to permit the examination and copying of such a confidential record, the following procedures apply and are in addition to those specified for requests for access to records in rule 489—5.3(17A,22). 5.4(1) Proof of identity. A person requesting access to a confidential record may be required to provide proof of identity or authority to secure access to the record. 5.4(2) Requests. The custodian may require a request to examine and copy a confidential record to be in writing. A person requesting access to such a record may be required to sign a certified statement or affidavit enumerating the specific reasons justifying access to the confidential record and to provide any proof necessary to establish relevant facts. 5.4(3) Notice to subject of record and opportunity to obtain injunction. After the custodian receives a request for access to a confidential record, and before the custodian releases such a record, the custodian may make reasonable efforts to notify promptly any person who is a subject of that record, is identified in that record, and whose address or telephone number is contained in that record. To the extent such a delay is practicable and in the public interest, the custodian may give the subject of such a confidential record to whom notification is transmitted a reasonable opportunity to seek an injunction under Iowa Code section 22.8, and indicate to the subject of the record the specific period of time during which disclosure will be delayed for that purpose. 5.4(4) Request denied. When the custodian denies a request for access to a confidential record, the custodian shall promptly notify the requester. If the requester indicates to the custodian that a written notification of the denial is desired, the custodian shall promptly provide such a notification that is signed by the custodian and that includes: a. The name and title or position of the custodian responsible for the denial; and b. A citation to the provision of law vesting authority in the custodian to deny disclosure of the record and a brief statement of the reasons for the denial to this requester. 5.4(5) Request granted. When the custodian grants a request for access to a confidential record to a particular person, the custodian shall notify that person and indicate any lawful restrictions imposed by the custodian on that person’s examination and copying of the record.

ITEM 23. Adopt the following new rule 489—5.5(17A,22):

489—5.5(17A,22) Requests for treatment of a record as a confidential record and its withholding from examination. The custodian may treat a record as a confidential record and withhold it from examination only to the extent that the custodian is authorized by Iowa Code section 22.7, another applicable provision of law, or a court order, to refuse to disclose that record to members of the public. 5.5(1) Persons who may request. Any person who would be aggrieved or adversely affected by disclosure of a record and who asserts that Iowa Code section 22.7, another applicable provision of law, or a court order, authorizes the custodian to treat the record as a confidential record, may request the custodian to treat that record as a confidential record and to withhold it from public inspection. 5.5(2) Request. A request that a record be treated as a confidential record and be withheld from public inspection shall be in writing and shall be filed with the custodian. The request must set forth the legal and factual basis justifying such confidential record treatment for that record, and the name, address, and telephone number of the person authorized to respond to any inquiry or action of the custodian concerning the request. A person requesting treatment of a record as a confidential record may also be required to sign a certified statement or affidavit enumerating the specific reasons justifying the treatment of that record as a confidential record and to provide any proof necessary to establish relevant facts. Requests for treatment of a record as such a confidential record for a limited time period shall also specify the precise period of time for which that treatment is requested.A person filing such a request shall, if possible, accompany the request with a copy of the record in question from which those portions for which such confidential record treatment has been requested have been deleted. If the original record is being submitted to the agency by the person requesting such confidential treatment at the time the request is filed, the person shall indicate conspicuously on the original record that all or portions of it are confidential. 5.5(3) Failure to request. Failure of a person to request confidential record treatment for a record does not preclude the custodian from treating it as a confidential record. However, if a person who has submitted business information to the agency does not request that it be withheld from public inspection under Iowa Code sections 22.7(3) and 22.7(6), the custodian of records containing that information may proceed as if that person has no objection to its disclosure to members of the public. 5.5(4) Timing of decision. A decision by the custodian with respect to the disclosure of a record to members of the public may be made when a request for its treatment as a confidential record that is not available for public inspection is filed, or when the custodian receives a request for access to the record by a member of the public. 5.5(5) Request granted or deferred. If a request for such confidential record treatment is granted, or if action on such a request is deferred, a copy of the record from which the matter in question has been deleted and a copy of the decision to grant the request or to defer action upon the request will be made available for public inspection in lieu of the original record. If the custodian subsequently receives a request for access to the original record, the custodian will make reasonable and timely efforts to notify any person who has filed a request for its treatment as a confidential record that is not available for public inspection of the pendency of that subsequent request. 5.5(6) Request denied and opportunity to seek injunction. If a request that a record be treated as a confidential record and be withheld from public inspection is denied, the custodian shall notify the requester in writing of that determination and the reasons therefor. On application by the requester, the custodian may engage in a good-faith, reasonable delay in allowing examination of the record so that the requester may seek injunctive relief under the provisions of Iowa Code section 22.8, or other applicable provision of law. However, such a record shall not be withheld from public inspection for any period of time if the custodian determines that the requester had no reasonable grounds to justify the treatment of that record as a confidential record. The custodian shall notify requester in writing of the time period allowed to seek injunctive relief or the reasons for the determination that no reasonable grounds exist to justify the treatment of that record as a confidential record. The custodian may extend the period of good-faith, reasonable delay in allowing examination of the record so that the requester may seek injunctive relief only if no request for examination of that record has been received, or if a court directs the custodian to treat it as a confidential record, or to the extent permitted by another applicable provision of law, or with the consent of the person requesting access.

ITEM 24. Amend rule 489—5.6(22) as follows:

489—5.6(22) Procedure by which a subject may have additions, dissents, or objections entered into the record. In lieu of the words “(designate office)”, insert “the originating agency, or to the director’s office”.Except as otherwise provided by law, a person may file a request with the custodian to review, and to have a written statement of additions, dissents, or objections entered into, a record containing personally identifiable information pertaining to that person. However, this does not authorize a person who is a subject of such a record to alter the original copy of that record or to expand the official record of any agency proceeding. Requester shall send the request to review such a record or the written statement of additions, dissents, or objections to the custodian agency. The request to review such a record or the written statement of such a record of additions, dissents, or objections must be dated and signed by requester, and shall include the current address and telephone number of the requester or the requester’s representative.

ITEM 25. Adopt the following new rule 489—5.7(17A,22):

489—5.7(17A,22) Consent to disclosure by the subject of a confidential record. To the extent permitted by any applicable provision of law, a person who is the subject of a confidential record may have a copy of the portion of that record concerning the subject disclosed to a third party. A request for such a disclosure must be in writing and must identify the particular record or records that may be disclosed, and the particular person or class of persons to whom the record may be disclosed (and, where applicable, the time period during which the record may be disclosed). The person who is the subject of the record and, where applicable, the person to whom the record is to be disclosed, may be required to provide proof of identity. (Additional requirements may be necessary for special classes of records.) Appearance of counsel before the agency on behalf of a person who is the subject of a confidential record is deemed to constitute consent for the agency to disclose records about that person to the person’s attorney.

ITEM 26. Adopt the following new rule 489—5.8(17A,22):

489—5.8(17A,22) Notice to suppliers of information. When the agency requests a person to supply information about that person, the agency shall notify the person of the use that will be made of the information, which persons outside the agency might routinely be provided this information, which parts of the requested information are required and which are optional, and the consequences of a failure to provide the information requested. This notice may be given in these rules, on the written form used to collect the information, on a separate fact sheet or letter, in brochures, in formal agreements, in contracts, in handbooks, in manuals, verbally, or by other appropriate means.

ITEM 27. Amend rule 489—5.10(22) as follows:

489—5.10(22) Routine use. “Routine use” means the disclosure of a record without the consent of the subject or subjects, for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statute other than the public records law, Iowa Code chapter 22.To the extent allowed by law, the following uses are considered routine uses of all agency records:

Disclosure to those officers, employees, agents, and foster care reviewchild advocacy board members defined in Iowa Code section 237.18 of the agency or the originating agency who have a need for the record in the performance of their duties. The custodian of the record may, upon request of any officer or employee, or on the custodian’s own initiative, determine what constitutes legitimate need to use confidential records.
Disclosure of information indicating an apparent violation of the law to appropriate law enforcement authorities for investigation and possible criminal prosecution, civil court action, or regulatory order.
Transfers of information within the agency, to other state agencies, or to local units of government as appropriate to administer the program for which the information is collected.
Information released to staff of federal and state entities for audit purposes or for purposes of determining whether the agency is operating a program lawfully.
Any disclosure specifically authorized by the statute under which the record was collected or maintained.

ITEM 28. Amend subrule 5.11(3) as follows: 5.11(3) Obtaining information from a third party. The foster care reviewchild advocacy board requests personally identifiable information from third parties during the course of its authorized reviews. Requests to third parties for this information involve the release of confidential identifying information.

ITEM 29. Amend rule 489—5.14(22) as follows:

489—5.14(22) Personally identifiable information. This rule describes the nature and extent of personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in record systems. For each record system, this rule describes the legal authority for the collection of that information, the means of storage of that information and indicates whether a data processing system matches, collates, or permits the comparison of personally identifiable information in one record system with personally identifiable information in another record system. The record systems maintained by the agency are:

Files are maintained by the child’s name in the foster care reviewchild advocacy board offices. Those files are kept in locked filing cabinets. (Iowa Code section 237.18(2)“a”)
The Foster Care Registry (Iowa Code section 237.17) is a computerized tracking system of the children reported to the foster care reviewchild advocacy board. The information of each case is personally identifiable by name.
Personnel files for each employee of the foster care reviewchild advocacy board. These may be confidential pursuant to Iowa Code section 22.7(11).

[Filed 10/26/22, effective 12/21/22][Published 11/16/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/16/22.ARC 6673CDental Board[650]Adopted and Filed

Rule making related to dental assistant registration and dental radiography qualification

The Dental Board hereby amends Chapter 1, “Administration,” Chapter 11, “Licensure to Practice Dentistry or Dental Hygiene,” Chapter 15, “Fees,” Chapter 20, “Dental Assistants,” and Chapter 22, “Dental Assistant Radiography Qualification,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 147.76 and 153.39.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 136C, 147 and 272C and section 153.39.Purpose and Summary These amendments eliminate the formal application process for dental assistant trainee status and allow dental assistants to train on the job for the purposes of registration for 12 months from the date of the start of employment in accordance with Iowa Code section 153.39. These amendments move all licensing and registration requirements to a single chapter, Chapter 11. Additionally, these amendments update the requirements for registration as a dental assistant and for qualification in dental radiography. These amendments attempt to lower barriers for individuals entering the dental assisting workforce. These amendments also amend the definition of “personal supervision” to allow more flexibility in the training of dental assistant trainees as delegated by a licensed dentist.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 7, 2022, as ARC 6514C. The Board accepted written comments through September 30, 2022. The Board received nine written comments. Six of the comments supported the changes that were drafted and, in some instances, commended the Board for attempting to address access to care and staffing needs, particularly in rural areas. Three of the commenters expressed concerns with some sections of the rules as drafted. They expressed concerns related to the proposed amendments to the definitions of “direct supervision” and “personal supervision,” and the extent to which the amendments might affect the quality of training provided to dental assistants. Further, they were concerned that the elimination of a minimum training period for dental assistant trainees prior to registration may pose concerns related to the competency of dental assistants who trained on the job. The commenters also believed that elimination of the trainee application would present a public safety issue. One of the commenters, who also administers dental assistant examinations and examination preparation courses, offered some additional suggestions for more parameters on the examinations to be written into the rules. Two changes from the Notice have been made to update an erroneous Iowa Code reference in the implementation sentence for rule 650—11.10(147) in Item 8 and to remove an outdated Iowa Code reference in the implementation sentence for rule 650—11.12(147) in Item 10.Adoption of Rule Making This rule making was adopted by the Board on October 21, 2022.Fiscal Impact This rule making will have minimal fiscal impact to the State of Iowa. Currently, the Board receives approximately $15,000 in revenue from dental assistant trainee applications. This revenue source will be eliminated if the formal application for dental assistant trainee status is no longer required. Jobs Impact After analysis and review of this rule making, there will be a positive impact on jobs in Iowa because the rule making eases the requirements for dental assistant registration or dental radiography qualification.Waivers Any person who believes that the application of the discretionary provisions of this rule making, with respect to amendments to Chapters 1, 11, 20, and 22, 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). The amendments to Chapter 15 are not subject to a request for waiver.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 December 21, 2022. The following rule-making actions are adopted:

ITEM 1. Amend rule 650—1.1(153), definitions of “Direct supervision,” “General supervision of a dental assistant” and “Personal supervision,” as follows: "Direct supervision" means that the dentist is present in the treatment facility, but it is not required that the dentist be physically present in the treatment room, or the dentist is not present in the treatment facility but is able to appear using live video upon request with a response time similar to what would be expected if the dentist were present in the treatment facility. "General supervision of a dental assistant" means that a dentist has examined the patient and has delegated the services to be provided by a registered dental assistant, which are limited to all extraoral duties, dental radiography, intraoral suctioning, and use of a curing light and intraoral camera. The dentist need not be present in the facility while these services are being provided.If a dentist will not be present, the following requirements shall be met:

Patients or their legal guardians must be informed prior to the appointment that no dentist will be present and therefore no examination will be conducted at that appointment.
The dental assistant must consent to the arrangement.
Basic emergency procedures must be established and in place, and the dental assistant must be capable of implementing these procedures.
The treatment to be provided must be prior-prescribed by a licensed dentist and must be entered in writing in the patient record.

"Personal supervision" means the dentista licensee or registrant is physically present in the treatment room to oversee and directinstruct all intraoral or chairside services of the dental assistant trainee and a licensee or registrant is physically present to oversee and direct all extraoral services of the dental assistantas delegated by a licensed dentist.

ITEM 2. Adopt the following new definition of “Dental assistant trainee” in rule 650—1.1(153): "Dental assistant trainee" means any person who is engaging in on-the-job training to meet the requirements for registration in accordance with Iowa Code section 153.39 and who is learning the necessary skills under the personal supervision of a licensee or registrant as delegated by a licensed dentist.

ITEM 3. Amend 650—Chapter 11, title, as follows:LICENSURE TO PRACTICE DENTISTRY OR DENTAL HYGIENEAND REGISTRATION

ITEM 4. Amend rule 650—11.1(147,153) as follows:

650—11.1(147,153) Applicant responsibilities. An applicant for dental or dental hygiene licensureor dental assistant registration bears full responsibility for each of the following:

Paying all fees charged by regulatory authorities, national testing or credentialing organizations, health facilities, and educational institutions providing the information required to complete a license, registration or permit application; and
Providing accurate, up-to-date, and truthful information on the application form including, but not limited to, prior professional experience, education, training, examination scores, and disciplinary history.; and
Submitting complete application materials. An application for a license, permit, or registration or reinstatement of a license or registration will be considered active for 180 days from the date the application is received. For purposes of establishing timely filing, the postmark on a paper submittal will be used, and for applications submitted online, the electronic timestamp will be deemed the date of filing. If the applicant does not submit all materials, including a completed fingerprint packet, within this time period or if the applicant does not meet the requirements for the license, permit, registration or reinstatement, the application shall be considered incomplete. An applicant whose application is filed incomplete must submit a new application and application fee.

This rule is intended to implement Iowa Code sections 147.2 and 153.39.

ITEM 5. Renumber rules 650—11.8(147,153) to 650—11.12(272C) as 650—11.10(147,153) to 650—11.14(272C).

ITEM 6. Adopt the following new rule 650—11.8(153):

650—11.8(153) Dental assistant registration. 11.8(1) General. An applicant must satisfy all of the following requirements: a. Successful completion of board-approved training or education in dental assisting in accordance with subrule 11.8(2); b. Evidence of current certification in cardiopulmonary resuscitation that included a hands-on component; and c. Successful completion of board-approved examination in the areas of infection control/hazardous materials and jurisprudence in accordance with subrule 11.8(3). Successful completion of board-approved examination in the area of dental radiography is also required if an applicant is applying for a radiography qualification in accordance with rule 650—22.5(136C,153). 11.8(2) Education and training. An applicant must meet one of the following: a. Work in a dental office as a dental assistant trainee until competency is achieved as determined by the supervising dentist; b. Work as a dental assistant in another state, district or territory within five years prior to the date of application; or c. Be a graduate of an accredited dental assisting program. 11.8(3) Examination. An applicant for registration must successfully complete examinations as required pursuant to subrule 11.8(2). Applicants may complete a single comprehensive examination or complete separate board-approved examinations in the required areas. a. The following examinations are approved for the purposes of this subrule: (1) Board-approved examinations; (2) The Dental Assisting National Board’s (DANB’s) Infection Control Examination (ICE); (3) The DANB’s Radiation Health and Safety (RHS) Examination; (4) Examinations administered by accredited dental assisting programs; or (5) Board-approved continuing education courses, which include posttest examination. b. A score of 75 percent or better on the board-approved examinations shall be considered successful completion of the examination. The board also accepts the passing standard established by DANB for applicants who take the ICE or RHS examination. c. An examinee must meet such other requirements as may be imposed by the board’s approved dental assistant testing centers. 11.8(4) Applications. Applications for registration as a registered dental assistant must be filed on official board forms and include the following: a. The fee as specified in 650—Chapter 15. b. Evidence of meeting the education and training requirements specified in subrule 11.8(2). c. Evidence of successful completion of a board-approved examination in the areas of infection control, hazardous materials and jurisprudence as specified in subrule 11.8(3), and dental radiography, if the applicant is also applying for a qualification in dental radiography in accordance with rule 650—22.5(136,153). d. Evidence of meeting the qualifications of 650—Chapter 22 if the applicant is engaging in dental radiography. e. Evidence of current certification in cardiopulmonary resuscitation that included a hands-on component. f. Any additional information required by the board relating to the character, education and experience of the applicant as may be necessary to evaluate the applicant’s qualifications. 11.8(5) Attestation. All applications must be signed and verified by the applicant as to the truth of the documents and statements contained therein. 11.8(6) Alternate pathway for registration. 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—11.9(272C). This rule is intended to implement Iowa Code section 153.39.

ITEM 7. Adopt the following new rule 650—11.9(272C):

650—11.9(272C) Registration by verification. Registration by verification is available in accordance with the following: 11.9(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. 11.9(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. 11.9(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. 11.9(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. 11.9(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. This rule is intended to implement Iowa Code section 272C.12.

ITEM 8. Adopt the following new implementation sentence in renumbered rule 650—11.10(147): This rule is intended to implement Iowa Code section 153.33B.

ITEM 9. Amend renumbered rule 650—11.11(147,153) as follows:

650—11.11(147,153) Grounds for denial of application. The board may deny an application for license, registration or permit for any of the following reasons:

Failure to meet the requirements for license, registration or permit as specified in these rules.
Failure to provide accurate and truthful information, or the omission of material information.
Pursuant to Iowa Code section 147.4, upon any of the grounds for which licensureor registration may be revoked or suspended.
Pursuant to 650—Chapter 50, for having a disqualifying offense.

This rule is intended to implement Iowa Code section 147.4.

ITEM 10. Amend renumbered rule 650—11.12(147) as follows:

650—11.12(147) Denial of licensure—appeal procedure. 11.12(1) Preliminary notice of denial. Prior to the denial of licensureor registration to an applicant, the board shall issue a preliminary notice of denial that shall be sent to the applicant by regular, first-class mail. The preliminary notice of denial is a public record and shall cite the factual and legal basis for denying the application, notify the applicant of the appeal process, and specify the date upon which the denial will become final if it is not appealed. 11.12(2) Appeal procedure. An applicant who has received a preliminary notice of denial may appeal the notice and request a hearing on the issues related to the preliminary notice of denial by serving a request for hearing upon the executive director not more than 30 calendar days following the date when the preliminary notice of denial was mailed. The request is deemed filed on the date it is received in the board office. The request shall provide the applicant’s current address, specify the factual or legal errors in the preliminary notice of denial, indicate if the applicant wants an evidentiary hearing, and provide any additional written information or documents in support of licensure. 11.12(3) Hearing. If an applicant appeals the preliminary notice of denial and requests a hearing, the hearing shall be a contested case and subsequent proceedings shall be conducted in accordance withrule650—51.20(17A). Licenseor registration denial hearings are open to the public. Either party may request issuance of a protective order in the event privileged or confidential information is submitted into evidence. a. The applicant shall have the ultimate burden of persuasion as to the applicant’s qualification for licensure. b. The board, after a hearing on licenseor registration denial, may grant the licenseor registration, grant the licenseor registration with restrictions, or deny the licenseor registration. The board shall state the reasons for its final decision, which is a public record. c. Judicial review of a final order of the board to deny a licenseor registration, or to issue a licenseor registration with restrictions, may be sought in accordance with the provisions of Iowa Code section 17A.19. 11.12(4) Finality. If an applicant does not appeal a preliminary notice of denial, the preliminary notice of denial automatically becomes final and a notice of denial will be issued. The final notice of denial is a public record. 11.12(5) Failure to pursue appeal. If an applicant appeals a preliminary notice of denial in accordance withsubrule11.10(2), but the applicant fails to pursue that appeal to a final decision within six months from the date of the preliminary notice of denial, the board may dismiss the appeal. The appeal may be dismissed after the board sends a written notice by first-class mail to the applicant at the applicant’s last-known address. The notice shall state that the appeal will be dismissed and the preliminary notice of denial will become final if the applicant does not contact the board to schedule the appeal hearing within 14 days after the written notice is sent. Upon dismissal of an appeal, the preliminary notice of denial becomes final. 11.12(6) Disqualifying offenses. Any denial of licensureor registration based on a disqualifying offense is governed by 650—Chapter 50 and not this rule. This rule is intended to implement Iowa Code sections 147.3,and147.4 and 147.29.

ITEM 11. Adopt the following new implementation sentence in renumbered rule 650—11.14(272C): This rule is intended to implement Iowa Code section 272C.12.

ITEM 12. Rescind subrule 15.4(12).

ITEM 13. Renumber subrules 15.4(13) to 15.4(17) as 15.4(12) to 15.4(16).

ITEM 14. Amend rule 650—20.1(153) as follows:

650—20.1(153) Registration required. A person shall not practice on or after July 1, 2001, as a dental assistant unless the person has registered with the board and received a certificate of registration pursuant to this chapterdental assisting without a certificate of registration issued by the board pursuant to rule 650—11.8(153), unless practicing as a dental assistant trainee.

ITEM 15. Amend rule 650—20.2(153) as follows:

650—20.2(153) Definitions. As used in this chapter: "Dental assistant" means any person who, under the supervision of a dentist, performs any extraoral services including infection control or the use of hazardous materials or performs any intraoral services on patients. The term “dental assistant” does not include persons otherwise actively licensed in Iowa to practice dental hygiene or nursing who are engaged in the practice of said profession. "Dental assistant trainee" means any person who is engaging in on-the-job training to meet the requirements for registrationin accordance with Iowa Code section 153.39 and who is learning the necessary skills under the personal supervision of a licensed dentistlicensee or registrant. Traineeswho are 18 years of age or older may also engage in on-the-job training in dental radiography pursuant torule650—22.3(136C,153). "Direct supervision" means that the dentist is present in the treatment facility, but it is not required that the dentist be physically present in the treatment room while the registered dental assistant is performing acts assigned by the dentist. "General supervision" means that a dentist has examined the patient and has delegated the services to be provided by a registered dental assistant, which are limited to all extraoral duties, dental radiography, intraoral suctioning, and use of a curing light, intraoral digital imaging and intraoral camera. The dentist need not be present in the facility while these services are being provided. "Personal supervision" for intraoral procedures means the dentist is physically present in the treatment room to oversee and direct all intraoral or chairside services of the dental assistant trainee. “Personal supervision” for extraoral procedures means a licensee or registrant is physically present in the treatment room to oversee and direct all extraoral services of the dental assistant trainee. "Public health supervision" means all of the following:

The dentist authorizes and delegates the services provided by a registered dental assistant to a patient in a public health setting, with the exception that services may be rendered without the patient’s first being examined by a licensed dentist;
The dentist is not required to provide future dental treatment to patients served under public health supervision;
The dentist and the registered dental assistant have entered into a written supervision agreement that details the responsibilities of each licensee/registrant, as specified in subrule 20.15(2)20.9(2); and
The registered dental assistant has an active Iowa registration and a minimum of one year of clinical practice experience.

"Registered dental assistant" means any person who has met the requirements for registration and has been issued a certificate of registration. "Trainee status expiration date" means 12 months from the date of issuanceemployment as a dental assistant trainee.

ITEM 16. Rescind rule 650—20.3(153) and adopt the following new rule in lieu thereof:

650—20.3(153) Dental assistants. 20.3(1) Dental assistant trainee. a. Dental assistant trainees are individuals who are engaging in on-the-job training to meet the requirements for registration and who are learning the necessary skills under the personal supervision of a licensee or registrant. Trainees who are 18 years of age or older may also engage in on-the-job training in dental radiography pursuant to rule 650—22.3(136C,153). b. The dental assistant trainee shall: (1) Successfully complete on-the-job training and examinations in the areas of infection control, hazardous materials, and jurisprudence. (2) If the trainee fails to become registered by the trainee status expiration date, stop work as a dental assistant trainee. 20.3(2) Registered dental assistant. Registered dental assistants are individuals who have met the requirements for registration and have been issued a certificate of registration. A registered dental assistant may, under direct supervision, assist a dentist in performing duties assigned by the dentist that are consistent with these rules. The registered dental assistant may take radiographs if qualified pursuant to 650—Chapter 22.

ITEM 17. Rescind rules 650—20.5(153) to 650—20.10(153).

ITEM 18. Renumber rules 650—20.11(153) to 650—20.16(153) as 650—20.5(153) to 650—20.10(153).

ITEM 19. Rescind rule 650—20.17(272C).

ITEM 20. Amend subrule 22.3(2) as follows: 22.3(2) A person registered as a dental assistant trainee pursuant to 650—Chapter 20,or an Iowa-licensed nurse, who is engaging in on-the-job training in dental radiography and who is using curriculum approved by the board for such purpose.

ITEM 21. Amend rules 650—22.4(136C,153) and 650—22.5(136C,153) as follows:

650—22.4(136C,153) Application requirements for dental radiography qualification. Applicants must apply for registration as a dental assistant or hold an active license issued by the board of nursing.Applications for dental radiography qualification must be filed on official board forms and include the following: 22.4(1) Evidence of one of the following requirements: a. The applicant is a dental assistant traineewho has completed on-the-job training or registered dental assistant with an active registration status; b. The applicant is a graduate of an accredited dental assisting program; or c. The applicant is a nurse who holds an active Iowa license issued by the board of nursing.and has completed on-the-job training; or d. The applicant practiced as a dental assistant in another state within the previous five years, and that practice included clinical experience taking dental radiographs. 22.4(2) The fee as specified in 650—Chapter 15. 22.4(3) Evidence of successful completion, within the previous twofive years, of a board-approved course of studyeducation, clinical training and examination in the area of dental radiography. The course of study must include application of radiation to humans pursuant to Iowa Code section 136C.3 and may be taken by the applicant:The education and clinical training may be completed on the job as a dental assistant, as part of an accredited dental assisting program, or through the Dental Assisting National Board (DANB). a. On the job while under trainee status pursuant to 650—Chapter 20, using board-approved curriculum; b. At a board-approved postsecondary school; or c. From another program prior-approved by the board. 22.4(4) Evidence of successful completion of a board-approved examination in the area of dental radiography. 22.(5) 22.4(4) Any additional information required by the board relating to the character, education, and experience of the applicant as may be necessary to evaluate the applicant’s qualifications.

650—22.5(136C,153) Examination requirements. An applicant for dental assistant radiography qualification shall successfully pass a board-approvedan examination in dental radiography. 22.5(1) Examinations must be prior approved by the board and must be administered in a proctored setting. All board-approved examinations must have a minimum of 50 questions. The Dental Assisting National Board Radiation Health and Safety Examination is an approved examination. 22.5(1) Examination may be completed as part of one of the following: a. The board’s examination for dental assistants, which includes sections on infection control/hazardous materials, radiography, and jurisprudence; b. A board-approved examination in the area of dental radiography; c. The DANB’s Radiation Health and Safety (RHS) Examination; d. An examination in the area of dental radiography administered by accredited dental assisting programs; or e. A board-approved continuing education course in the area of dental radiography, which includes a posttest examination at the conclusion of the course. 22.5(2) A score of 75 percent or better on a board-approved examination shall be considered successful completion of the examination. The board accepts the passing standard established by the Dental Assisting National BoardDANB for applicants who take the Dental Assisting National Board Radiation Health and SafetyDANB’s RHS Examination. 22.5(3) Information on taking a board-approved examination may be obtained by contacting the board office at 400 SW 8th Street, Suite D, Des Moines, Iowa 50309-4687. 22.(4) 22.5(3) A dental assistant must meet such other requirements as may be imposed by the board’s approved dental assistant testing centers. [Filed 10/26/22, effective 12/21/22][Published 11/16/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/16/22.ARC 6674CDental Board[650]Adopted and Filed

Rule making related to orofacial pain

The Dental Board hereby amends Chapter 26, “Advertising,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 147.76 and 153.39.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 153.33 and 153.34.Purpose and Summary This amendment adds orofacial pain as a Board-approved specialty recognized by the American Dental Association (ADA). The ADA recognizes the American Board of Orofacial Pain as the national certifying board for orofacial pain.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 7, 2022, as ARC 6513C. 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 October 21, 2022.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 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 December 21, 2022. The following rule-making action is adopted:

ITEM 1. Amend paragraph 26.4(2)"b" as follows: b. The indicated area of specialty must be board-approved. Board-approved ADA specialties are as follows: dental public health, endodontics, oral and maxillofacial pathology, oral and maxillofacial surgery,orofacial pain, orthodontics and dentofacial orthopedics, pediatric dentistry, periodontics, prosthodontics and oral and maxillofacial radiology. Board-approved ABDS specialties are as follows: oral implantology/implant dentistry, oral medicine, orofacial pain, and anesthesiology. [Filed 10/26/22, effective 12/21/22][Published 11/16/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/16/22.ARC 6637CEconomic Development Authority[261]Adopted and Filed

Rule making related to high quality jobs program wage threshold

The Economic Development Authority hereby amends Chapter 174, “Wage, Benefit, and Investment Requirements,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 15.106A.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, Senate File 2325.Purpose and Summary 2022 Iowa Acts, Senate File 2325, amends Iowa Code section 15.335C relating to the High Quality Jobs Program. The section states that a business with a project in an economically distressed area shall be required to pay 100 percent of the qualifying wage threshold, while businesses with projects in most other areas must pay 120 percent of the qualifying wage threshold. The legislation updates the criteria by which counties are designated as economically distressed areas. The amended Iowa Code section also allows the Authority Board to designate, at the request of a city or county, additional counties as economically distressed if a business located in the county experiences a layoff or a closure that has a significant impact on a community within the county. These amendments update Chapter 174 to reflect the changes made to Iowa Code section 15.335C and remove information about requirements for repealed programs.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 24, 2022, as ARC 6471C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Authority Board on October 21, 2022.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199. 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 December 21, 2022. The following rule-making actions are adopted:

ITEM 1. Amend subrule 174.2(4) as follows: 174.2(4) Effective date and applicability. The laborshed-based qualifying wage thresholds adopted in 2012 Iowa Acts, House File 2473, arewere effective beginning on July 1, 2012, and the authority will apply the provisions of this rule to all qualifying wage threshold calculations made or updated on or after that date.

ITEM 2. Amend rule 261—174.3(15) as follows:

261—174.3(15) Qualifying wage threshold requirements—prior to July 1, 2009. 2009 Iowa Acts, Senate File 344, became effective on July 1, 2009. 2009 Iowa Acts, Senate File 344, repealed a number of programs administered by the department, established IVF(2009), and transferred moneys from prior programs to the IVF(2009). This resulted in a simplification of state financial assistance programs. The following subrules regarding qualifying wage thresholds apply to awards made on or before June 30, 2009. This rule shall apply to the prior programs and funding sources until such time as the contracts for these prior programs are closed by the departmentauthority. Tax Credit Program Wage Threshold Requirement Can benefits value be added to the hourly wage to meet the wage threshold?EZ90% of average county wage or average regional wage, whichever is lowerNoHQJC 130% of average county wageMore benefits are available if the wage rate is 160% or higherYes 174.3(1) Qualifying wage threshold requirement—projects receiving IVF(FES) assistance. Awards funded during the time period beginning July 1, 2003, but before June 16, 2004, from IVF(FES) shall meet the wage requirements in effect at that time as reflected in the contract between the department and the business. Awards funded after June 16, 2004, using IVF(FES) moneys shall meet the qualifying wage thresholds for the programs through which funding is sought. 174.3(2) Qualifying wage threshold requirement—projects receiving IVF (2005) assistance. In order to receive financial assistance from the IVF (2005), applicants shall demonstrate that the annual wage, including benefits, of project jobs is at least 130 percent of the average county wage. If an applicant is applying for IVF (2005) moneys, the department will first review the application to ensure that the IVF (2005) wage requirement is met. The department will then review the application for compliance with the requirements of the department program from which financial assistance is to be provided. 174.3(3) Qualifying wage threshold requirement—projects funded by program funds (“old money”). Prior to July 1, 2003, direct financial assistance programs administered by the department were funded through state appropriations. After the creation of IVF(FES) and IVF (2005), these programs no longer received separate state appropriations. These programs were funded with IVF(FES) and IVF (2005) moneys. Moneys remaining, recaptured or repaid to these program funds remain available for awarding to projects. The department will review an application for compliance with the requirements of the department program from which financial assistance is to be provided. 174.3(4) Qualifying wage threshold requirement—projects receiving EDSA funds. EDSA is the job creation component of the federal CDBG program. The department will review an application for compliance with the federal CDBG EDSA requirements. 174.3(5) Qualifying wage thresholds, by funding source and by program. a. IVF (2005).Projects that are funded with IVF (2005) moneys through the following programs shall meet the qualifying wage threshold listed below: Funding Source:IVF (2005) Qualifying WageThreshold Requirement Can benefits value be added to the hourly wage to meet the qualifying wage threshold?CEBA:Small business gap financing component130% of average county wageYesNew business opportunities and new product development components130% of average county wageYesVenture project component130% of average county wageYesModernization project component130% of average county wageYesVAAPFAP130% of average county wageYesPIAP130% of average county wage, unless funded through special allocation of PIAP funds, up to $5 million, established in subrule 61.5(12)YesEVA130% of average county wageYes b. IVF(FES) and program funds.Projects that are funded with IVF(FES) through the following programs or directly from available program fund moneys shall meet the qualifying wage thresholds listed below: Funding Source:IVF(FES) or Program Funds Qualifying WageThreshold Requirement Can benefits value be added to the hourly wage to meet the qualifying wage threshold?CEBA:Small business gap financing component 100% of average county wage or average regional wage, whichever is lower130% for awards over $500,000NoNew business opportunities and new product development components 100% of average county wage or average regional wage, whichever is lower130% for awards over $500,000NoVenture project component100% of average county wage or average regional wage, whichever is lowerNoModernization project component 100% of average county wage or average regional wage, whichever is lower130% for awards over $500,000NoVAAPFAP No statutory requirementNot applicablePIAPNo statutory requirementNot applicableEVANo statutory requirementNot applicable c. EDSA.Rescinded IAB 6/24/15, effective 7/29/15. d. EZ and HQJC.Tax credit program projects shall meet the following wage thresholds: Tax Credit Program Wage Threshold Requirement Can benefits value be added to the hourly wage to meet the wage threshold?EZ90% of average county wage or average regional wage, whichever is lowerNoHQJC 130% of average county wageMore benefits are available if the wage rate is 160% or higherYes

ITEM 3. Rescind subrule 174.5(1).

ITEM 4. Renumber subrule 174.5(2) as 174.5(1).

ITEM 5. Renumber subrule 174.5(4) as 174.5(2).

ITEM 6. Amend rule 261—174.6(15) as follows:

261—174.6(15) Qualifying wage threshold requirements—effective on or after July 1, 2014. 2014 Iowa Acts, House File 2448, (“the Act”) became effective on July 1, 2014. Among other things, the Act changed the qualifying wage thresholds applicable to HQJP and repealed the EZ program. As of July 1, 2014, the qualifying wage thresholds described in this rule shall be in effect. 174.6(1) Enterprise zone (EZ) program. The qualifying wage threshold requirement applicable to the EZ program is 90 percent of the laborshed wage. The wage threshold described in this subrule continues to apply to agreements entered into before July 1, 2014. However, no new agreements may be entered into on or after July 1, 2014. 174.6(2) High quality jobs program (HQJP). The qualifying wage threshold requirement applicable to HQJP is 120 percent of the laborshed wage unless subrule 174.6(3) or 174.6(4) applies to a project. 174.6(3) HQJP projects in distressed areas. a. Notwithstanding subrule 174.6(2), the qualifying wage threshold requirement applicable to an HQJP project may be lowered to 100 percent of the laborshed wage if the eligible business is located in an economically distressed area. b. For purposes of this subrule, “economically distressed area” means a county that ranks among the bottom 33 of all Iowa counties, as measured by either the average monthly unemployment level for the most recent 12-month period or the average annualized unemployment level for the most recent five-year period.meets at least three of the following criteria: (1) The county ranks among the 33 Iowa counties with the highest average monthly unemployment rates for the most recent 12-month period based on the applicable local area unemployment statistics produced by the United States Department of Labor, Bureau of Labor Statistics. (2) The county ranks among the 33 Iowa counties with the highest average annualized unemployment rates for the most recent five-year period based on the applicable local area unemployment statistics produced by the United States Department of Labor, Bureau of Labor Statistics. (3) The county ranks among the 33 Iowa counties with the lowest annual average weekly wages based on the most recent quarterly census of employment and wages published by the United States Department of Labor, Bureau of Labor Statistics. (4) The county ranks among the 33 Iowa counties with the highest family poverty rates based on the most recent American Community Survey five-year estimate released by the United States Census Bureau. (5) The county ranks among the 33 Iowa counties with the highest percentage population loss. Percentage population loss shall be calculated by comparing the most recent population estimate produced by the United States Census Bureau to the most recent decennial census released by the United States Census Bureau, except for a calendar year in which the decennial census data is released, in which case the percentage population loss shall be calculated by comparing the population in the decennial census released that calendar year to the population in decennial census released ten years prior. (6) The county ranks among the 33 Iowa counties with the highest percentage of persons 65 years of age or older based on the most recent American Community Survey five-year estimate released by the United States Census Bureau. c. The authority may designate a county that does not meet at least three of the criteria in paragraph 174.6(3)“b” as an economically distressed area if a business located in the county experiences a layoff or a closure that has a significant impact on a community within the county. (1) Factors the authority will consider in determining whether a layoff or closure has a significant impact on a community within the county include, but are not limited to, total number of employees impacted, percentage of the applicable laborshed impacted, number of employees impacted as a percentage of population, current unemployment rate, and unemployment rate including the employees affected by a layoff or closure. (2) A city or county shall request designation of a county as an economically distressed area pursuant to this paragraph in writing. Such requests are subject to approval by the board. Requests may be made simultaneously with a project application that would qualify for a lower qualifying wage threshold requirement pursuant to this subrule if the request is approved. c. d. The authority will update the list of economically distressed areas, including those designated pursuant to paragraph 174.6(3)“c,” according to the same schedule as the qualifying wage thresholds are updated pursuant to subrule 174.2(1) and will apply the provisions of subrule 174.2(2) to the list of economically distressed areas in the same manner. 174.6(4) HQJP projects at brownfield or grayfield sites. a. Notwithstanding subrule 174.6(2), the qualifying wage threshold requirement applicable to an HQJP project may be lowered to 90 percent of the laborshed wage if the eligible business is located at a brownfield site. The qualifying wage threshold for a brownfield site may be lowered to 90 percent regardless of where the project site is located as long as the project meets the requirements of a brownfield site. b. Notwithstanding subrule 174.6(2), the qualifying wage threshold requirement applicable to an HQJP project may be lowered to 100 percent of the laborshed wage if the eligible business is located at a grayfield site. The qualifying wage threshold for a grayfield site may be lowered to 100 percent regardless of where the project site is located as long as the project meets the requirements of a grayfield site. c. The authority may consult with the brownfield redevelopment advisory council established pursuant to Iowa Code section 15.294 in order to make a determination as to whether a project site meets the requirements of a brownfield site or grayfield site for purposes of this subrule. The determination as to whether a project site qualifies as a brownfield or grayfield site shall be within the discretion of the authority. In making such determinations, the authority will attempt to apply the same definition in substantially the same manner as similar definitions are applied by the brownfield redevelopment advisory council. d. A project that does not meet the requirements of a brownfield site or grayfield site will be presumed to be a greenfield site. 174.6(5) Economic development set aside (EDSA) program. Rescinded IAB 6/24/15, effective 7/29/15.

ITEM 7. Amend rule 261—174.8(15) as follows:

261—174.8(15) Benefit requirements—prior to July 1, 2009. This rule regarding benefit requirements applies to awards made on or before June 30, 2009. This rule shall apply to the prior programs and funding sources until such time as the contracts for these prior programs are closed by the department. Program Benefit Requirement Deductible Requirements Is a monetary equivalent to benefits allowed? Benefits Counted Toward Monetary EquivalentEZ 80% medical and dental coverage, single coverage only OR the monetary equivalent $750 maximum for single coverage/$1500 maximum forfamily coverageYes -Medical coverage (family portion)-Dental coverage (family portion)-Pension/401(k) (company’s average contribution)-Profit-sharing plan-Life insurance-Short-/long-term disability insurance-Vision insurance-Child careHQJC No benefit requirement(If, however, the company does not provide 80% medical and dental coverage for a single employee, the award will be reduced by 10%.) $750 maximum for single coverage/$1500 maximum for family coverage No(Providing 80% medical and dental coverage for a single employee is one of eight qualifying criteria the company may use to qualify for the program. Monetary equivalent of other benefits is not considered.)Not applicableCEBA 80% medical and dental for single employees OR50% medical and dental for family coverage OR the monetary equivalent $750 maximum for single coverage/$1500 maximum forfamily coverageYes -Medical coverage (family portion)-Dental coverage (family portion)-Pension/401(k) (company’s average contribution)-Profit-sharing plan-Life insurance-Short-/long-term disability insurance-Vision insurance-Child care-Other documented benefits offered to all employees (i.e., uniforms, tuition reimbursement, etc.)VAAPFAPNot applicableNot applicableNot applicableNot applicablePIAPNot applicableNot applicableNot applicableNot applicableEVANot applicableNot applicableNot applicableNot applicableTSBFAPNot applicableNot applicableNot applicableNot applicable

ITEM 8. Amend rule 261—174.9(15) as follows:

261—174.9(15) Sufficient benefits requirement—on or after July 1, 2009. Requirement. To be eligible to receive state financial assistance, project completion assistance, or tax incentives, applicants shall offer sufficient benefits to each FTE permanent position. The term “sufficient benefits” is defined in rule 261—173.2(15). The board may consider alternative benefits packages or may adjust the requirement described in this ruleapplicable sufficient benefits requirement shall be periodically approved by the board to reflect the most current benefits package typically offered by employers. 174.9(2) Options. An employer meeting one of the following options will be found to meet the sufficient benefits requirement: Option 180% Single Coverage Option 250% Family Coverage Option 3 Monetary Equivalent Pay 80% of premium costs for a standard medical and dental plan, single coverage.$750 maximum deductible Pay 50% of premium costs for a standard medical and dental plan, family coverage.$1,500 maximum deductible Provide medical and pay the monetary equivalent of Option 1 or Option 2 in supplemental employee benefits. Benefits Counted Toward Monetary Equivalent

Medical coverage

Dental coverage

Vision insurance

Life insurance

Pension

401(k) (company’s average contribution)

Short-/long-term disability insurance

Child care services

Other nonwage compensation

ITEM 9. Amend 261—Chapter 174, implementation sentence, as follows: These rules are intended to implement Iowa Code chapters 15 and 15E and 2011 Iowa Code Supplement chapter 15G, subchapter I. [Filed 10/21/22, effective 12/21/22][Published 11/16/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/16/22.ARC 6639CHuman Services Department[441]Adopted and Filed

Rule making related to five-year rules review

The Human Services Department hereby amends Chapter 38, “Developmental Disabilities Basic State Grant,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 225C.3 and 225C.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 225C.3 and 225C.6.Purpose and Summary This chapter was reviewed as part of the Department’s five-year rules review. This rule making updates the definition of “developmental disability” to include infants and children starting at birth and increase the age limit from five to nine years old. An Iowa Code reference is also updated.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 24, 2022, as ARC 6469C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Mental Health and Disability Services Commission on October 20, 2022.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 1, 2023. The following rule-making actions are adopted:

ITEM 1. Amend rule 441—38.1(225C,217), definition of “Developmental disability,” as follows: "Developmental disability" means a severe, chronic disability of a person 5 years of age or older which is attributed to a mental or physical impairment or a combination of mental and physical impairments,; is manifested before the person attains the age of 22,; is likely to continue indefinitely,; substantially limits the person’s ability to carry out major life activities in at least three of the areas of self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living and economic self-sufficiency,; and reflects an ongoing need for individualized, coordinated services. The term, when applied to infants and children from birth to the age of 5nine, means a substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.

ITEM 2. Amend rule 441—38.4(225C,217), introductory paragraph, as follows:

441—38.4(225C,217) Conflict of interest policy. All Iowa DD council members and those serving in an advisory capacity to the Iowa DD council as defineddescribed in 441—subparagraph 1.7(8)“c”(2)Iowa Code section 225C.5 shall not engage in activities that present a conflict of interest. [Filed 10/21/22, effective 1/1/23][Published 11/16/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/16/22.ARC 6675CIowa Public Information Board[497]Adopted and Filed

Rule making related to five-year rules review

The Iowa Public Information Board (IPIB) hereby amends Chapter 2, “Complaint Investigation and Resolution Procedures,” and Chapter 4, “Contested Cases,” 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 chapter 23.Purpose and Summary This rule making reflects changes related to the IPIB five-year rules review and removes inapplicable rules.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 21, 2022, as ARC 6540C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by IPIB on October 26, 2022.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 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 December 21, 2022. The following rule-making actions are adopted:

ITEM 1. Rescind subrule 2.1(6).

ITEM 2. Rescind and reserve rule 497—4.17(17A). [Filed 10/26/22, effective 12/21/22][Published 11/16/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/16/22.ARC 6640CRevenue Department[701]Adopted and Filed

Rule making related to electronic filing of tax returns

The Revenue Department hereby amends Chapter 8, “Forms and Communications,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 422.14, 422.15, 422.16B, 422.36, 422.37, and 422.62 as amended by 2022 Iowa Acts, House File 2552, and Iowa Code section 422.68.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 422.14, 422.15, 422.16B, 422.36, 422.37 and 422.62 as amended by 2022 Iowa Acts, House File 2552.Purpose and Summary This rule making implements the requirement imposed by 2022 Iowa Acts, House File 2552, division II, to electronically file certain business income, fiduciary, and franchise tax returns. This rule describes the proper method for filing electronic returns, provides definitions that are useful for determining whether a taxpayer has met the criteria for being subject to the mandate, and provides for exceptions to the electronic filing requirement.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 21, 2022, as ARC 6539C. 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 October 26, 2022.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).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 December 21, 2022. The following rule-making action is adopted:

ITEM 1. Adopt the following new rule 701—8.7(422,533):

701—8.7(422,533) Mandatory electronic filing for certain taxpayers. Iowa corporate and fiduciary income and franchise taxpayers, and pass-through entities subject to Iowa income reporting requirements, are required to file their annual returns in an electronic format approved by the department for any tax year in which certain criteria are met. This rule provides information needed to determine whether any entity is subject to this electronic filing requirement for a given tax year. 8.7(1) Definitions. "Business entity," when used in this rule, means entities taxed as corporations, partnerships, S corporations, and financial institutions as defined in Iowa Code section 422.61(1). "Fiduciary taxpayer" means the same as “fiduciary” as defined in Iowa Code section 422.4(4). "Iowa tax credits" means refundable and nonrefundable tax credits authorized under the Iowa Code for the tax year in which they are claimed or applied, but does not include credits for prior payments or composite credits. "Return," when used in this rule, means Form IA 1120, IA 1120S, IA 1120F, IA 1065, IA PTE-C, or IA 1041, as context requires, and includes amended returns, supporting schedules, attachments, or lists which are supplemental to or part of the filed return. "Taxpayer," unless the context otherwise requires, means any business entity, financial institution, or fiduciary taxpayer as defined in this rule. "Tax year" means any period of up to 12 months, including periods of less than 12 months, for which a taxpayer subject to this rule is required to file an Iowa income tax, franchise tax, or information return. "Total gross receipts" means gross receipts or sales from all business operations conducted within and without Iowa without any adjustment for returns and allowances, and also includes receipts from all interest, dividends, rents, and royalties; income from ordinary and capital gains; and the distributive share of income received by the taxpayer from a partnership, S corporation, estate, or trust. 8.7(2) Electronic format for filing. A taxpayer that meets any of the criteria for mandatory electronic filing in subrule 8.7(3) shall file a paperless Iowa income or franchise tax return by way of the Internal Revenue Service (IRS) Modernized e-File (MeF) program, also known as federal/state electronic filing, in a manner consistent with the requirements of rule 701—8.5(422). 8.7(3) Criteria for mandatory electronic filing. This subrule applies to business entities for tax years ending on or after December 31, 2022, and to fiduciary taxpayers for tax years ending on or after December 31, 2023. Every taxpayer required to file an Iowa income or franchise tax return for an applicable year must file using the electronic format specified in subrule 8.7(2) if the taxpayer meets any of the following criteria for the tax year: a. Gross receipts.The taxpayer has $250,000 or more in total gross receipts for the tax year. b. Iowa tax credits.The taxpayer claims or applies $25,000 or more of Iowa tax credits on the return for the tax year. c. Iowa Schedules K-1.The taxpayer is required to issue ten or more Iowa Schedules K-1 to its partners, members, shareholders, or beneficiaries for the tax year. d. Consolidated corporate return.The taxpayer elects or is required to file or be included on an Iowa consolidated corporate income tax return under Iowa Code section 422.37 for the tax year. 8.7(4) Returns not in compliance with this rule. Any return filed in any manner other than the manner specified in subrule 8.7(2) by a taxpayer that meets any of the criteria for mandatory electronic filing as described in subrule 8.7(3) is not a valid return. The taxpayer is a nonfiler for the tax year for which the return was required, and may be subject to the failure to file penalties as provided for in rules 701—10.6(421) and 701—10.9(421), until such time as the taxpayer files the return in the proper electronic format. This subrule shall not apply if an exception has been granted under subrule 8.7(5). 8.7(5) Exceptions. At the department’s discretion, exceptions to the electronic filing requirement under this rule may be granted for good cause. The taxpayer bears the burden to prove that good cause exists for the failure to file electronically. A claim that the return preparation software purchased or licensed by a taxpayer or taxpayer’s return preparer does not include all of the features necessary to comply with the taxpayer’s Iowa filing obligations shall not be considered good cause for purposes of granting an exception to the electronic filing requirement. a. Requests for exceptions to the electronic filing requirement. (1) Form of request. Requests for exceptions to the electronic filing requirement must be submitted by mail or online through GovConnectIowa on forms provided by the department. (2) Timing of request. Requests for exceptions to the electronic filing requirement must be submitted before the return is filed. (3) Department determination. The department will notify the taxpayer in writing whether a request for an exception to the electronic filing requirement has been approved or denied. If the department does not respond to a taxpayer’s valid request for an exception to the electronic filing requirement within 90 days of the date the request is received, the request shall be deemed accepted. (4) Applicability of exception. An exception to the electronic filing requirement, if granted, shall only be valid for the tax year for which it was approved. b. Temporary one-time relief.For tax years ending on or before December 31, 2023, if the department determines a taxpayer that filed a paper return was required to file in an electronic manner as provided in this rule, the department will notify the taxpayer in writing of the requirements of this rule. If the taxpayer properly files in an electronic manner within 30 days of the date of the notification under this paragraph, the department shall grant an exception to the requirements of this rule and deem the originally filed paper return a valid return. A taxpayer shall only be granted the benefit of this paragraph for one eligible return. This rule is intended to implement 2022 Iowa Acts, House File 2552, division II. [Filed 10/26/22, effective 12/21/22][Published 11/16/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/16/22.ARC 6672CRevenue Department[701]Adopted and Filed

Rule making related to the rent reimbursement program

The Revenue Department hereby amends Chapter 104, “Property Tax Credit and Rent Reimbursement,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 421.14 and 425.37.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 425.Purpose and Summary House File 368, enacted during the 2021 Legislative Session, transferred the administration of the Rent Reimbursement Program under Iowa Code chapter 425, subchapter II, from the Iowa Department of Revenue (IDR) to the Iowa Department of Human Services (DHS). This transition is scheduled to occur on January 1, 2023. This rule making addresses three transition issues that IDR and DHS have identified. First, the rule making clarifies that appeals of denials or reductions of rent reimbursement claims shall be filed with and administered by the agency that made the denial or reduction. Second, the rule making addresses claims received by IDR on or after December 1, 2022, requiring that those claims be forwarded to DHS for processing and allowance or disallowance. Finally, the rule making clarifies that all rent reimbursement claims made on and after January 1, 2023, including late or amended claims, should be filed with DHS for determination of eligibility for the credit. Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 21, 2022, as ARC 6537C. No public comments were received. One change from the Notice has been made to update the chapter number because Chapter 73 was recently renumbered as Chapter 104.Adoption of Rule Making This rule making was adopted by the Department on October 26, 2022.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).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 December 21, 2022. The following rule-making action is adopted:

ITEM 1. Adopt the following new rule 701—104.35(425):

701—104.35(425) Transition period. As of January 1, 2023, the rent reimbursement program will be administered by the department of human services. The transition of the program from the department of revenue to the department of human services will be managed as follows: 104.35(1) Appeals. a. Appeals of denials or reductions of rent reimbursement claims made by the department of revenue shall be filed with the department of revenue in accordance with 701—Chapter 7 and will be administered in accordance with that chapter. b. Appeals of denials or reductions of rent reimbursement claims made by the department of human services shall be administered in accordance with 441—Chapter 7. 104.35(2) Claims. a. Any claim, including late or amended claims, received by the department of revenue on or after December 1, 2022, shall be redirected to the department of human services for processing and allowance or disallowance. b. Effective January 1, 2023, all claims, including late or amended claims, shall be filed with and processed by the department of human services. The department of human services shall be responsible for making determinations on rent reimbursement claims on and after January 1, 2023. This rule is intended to implement 2021 Iowa Acts, chapter 41 [House File 368]. [Filed 10/26/22, effective 12/21/22][Published 11/16/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/16/22.

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