Proposing rule making related to education savings accounts and providing an opportunity for public comment
The State Board of Education hereby proposes to adopt new Chapter 20, “Students First Act—Education Savings Accounts,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 256.7 and 2023 Iowa Acts, House File 68.State or Federal Law Implemented This rule making implements, in whole or in part, 2023 Iowa Acts, House File 68.Purpose and Summary This rule making proposes to adopt a new Chapter 20 containing the administrative rules for the education savings account provisions of the Students First Act. New rule 281—20.1(257) provides definitions for the program. New rule 281—20.2(257) sets eligibility requirements for participation. New rule 281—20.3(257) sets parameters for the application process. New rule 281—20.4(257) provides for administration and accountability for the program.Fiscal Impact This rule making has a fiscal impact to the State of Iowa, as described in the Fiscal Note for House File 68, available at www.legis.iowa.gov/docs/publications/FN/1367577.pdf.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 Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on June 20, 2023. Comments should be directed to: Thomas Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: June 20, 2023 9 to 10 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa Via videoconference: IDOE.zoom.us/s/93664266923?pwd=RVlvc2w xWTR6Q1VsU0t4eWc0blpPQT09 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. 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).Emergency Rule Making Adopted by Reference This proposed rule making is also published herein as an Adopted and Filed Emergency rule making (see ARC 7024C, IAB 5/31/23). The purpose of this Notice of Intended Action is to solicit public comment on that emergency rule making, whose subject matter is hereby adopted by reference.
ITEM 1. Adopt the following new 281—Chapter 20: CHAPTER 20STUDENTS FIRST ACT—EDUCATION SAVINGS ACCOUNTS281—20.1(257) Definitions. 20.1(1) “Annual income” means the same as “net income” as defined in Iowa Code section 422.7 in effect for the year preceding an application. In calculating annual income, the department shall use information from the last year’s state tax form and need not include income of individuals who have no legal obligation to provide support to the student unless said individual is married to the parent or guardian who is responsible for financially supporting the student. If “annual income” cannot be clearly determined through review of the submitted tax return, the department director has authority to request additional information and determine eligibility. This subrule applies only for school years beginning July 1, 2023, and July 1, 2024; it will cease to be applicable by operation of law on July 1, 2025. 20.1(2) “Department” means the department of education. 20.1(3) “Full-time” means enrollment at a nonpublic school with a minimum school calendar that meets the requirement of Iowa Code section 279.10 for at least 75 percent of the school’s definition of full-time. 20.1(4) “Household” means the number of people who reside together and who are related by birth, marriage, adoption, legal guardianship, or placement in the home through a state agency. “Household” includes parents, student applicants, and other children who share at least one parent by birth, by adoption, by a parent’s current marriage, or by placement in the home through a state agency. A parent on military duty is considered to be residing in the household. If “household” cannot be clearly determined through review of the submitted tax return, the department director has authority to request additional information and determine eligibility. This subrule applies only for school years beginning July 1, 2023, and July 1, 2024; it will cease to be applicable by operation of law on July 1, 2025. 20.1(5) “Nonpublic school” means the same as defined in Iowa Code section 285.16. 20.1(6) “Qualified educational expenses” means the same as defined in Iowa Code section 257.11B(1)“b” as enacted by 2023 Iowa Acts, House File 68, section 7. a. For purposes of this subrule, an approvable provider of “educational therapies” is qualified by recognized training and education to provide those educational therapies. To prevent waste, fraud, and abuse, “educational therapies” does not include therapies provided by the student’s family. For purposes of this subrule, “family” includes parents, step-parents, guardians, siblings, half siblings, step-siblings, grandparents, step-grandparents, aunts, uncles, or first cousins. b. For purposes of this subrule, approvable “online education programs” means online education programs provided by online education providers approved by the department under 281—Chapter 15. c. For purposes of this subrule, an approvable provider of “vocational and life skills education” is any entity approved by the department or any other unit of state government to provide the vocational and life skills education sought. d. For purposes of this subrule, an approvable “accredited provider” is any individual or organization holding a credential issued by the Iowa board of educational examiners or any other credential issued by the state of Iowa. For purposes of this paragraph, paraprofessionals or assistants are sufficiently trained if they hold a credential issued under Iowa Code section 272.12 or if they have received training and education deemed sufficient by their supervising professional. e. For purposes of this subrule, expenses listed in Iowa Code section 257.11B(1)“b” as enacted by 2023 Iowa Acts, House File 68, section 7, are not eligible for payment. 20.1(7) “Resident” means the same as defined in Iowa Code section 282.1(2). 20.1(8) “Student” is synonymous with the term “pupil” as that term is used in Iowa Code section 257.11B as enacted by 2023 Iowa Acts, House File 68, section 7.281—20.2(257) Eligible students. 20.2(1) Resident students are eligible as described in Iowa Code section 257.11B(2) as enacted by 2023 Iowa Acts, House File 68, section 7, with annual income determined pursuant to subrule 20.1(1). 20.2(2) Resident students are deemed to attend a nonpublic school for that school budget year under Iowa Code section 257.11B(2) as enacted by 2023 Iowa Acts, House File 68, section 7, if the student attends a nonpublic school on a full-time basis. 20.2(3) Resident students are deemed enrolled in a nonpublic school for the school year immediately preceding the school year for which the education savings account (ESA) payment is requested under Iowa Code section 257.11B(2) as enacted by 2023 Iowa Acts, House File 68, section 7, if they enrolled in and attended a nonpublic school at any point in the immediately preceding school year.281—20.3(257) Application process. The parent or guardian of an eligible student may request an ESA payment during the time period specified by Iowa Code section 257.11B(3) as enacted by 2023 Iowa Acts, House File 68, section 7, by applying to the department, in a manner prescribed by the department. Within the time frame provided by Iowa Code section 257.11B(5) as enacted by 2023 Iowa Acts, House File 68, section 7, the department provides a response to the application.281—20.4(257) Administration, accountability, monitoring, and enforcement. 20.4(1) The department will take reasonable efforts to verify eligibility of parents, students, nonpublic schools, and providers to participate in this chapter, including verifying information with other state agencies. 20.4(2) The department will make an equal distribution of funds under this chapter to a third-party entity, for distribution to eligible students’ accounts, after confirming enrollment at the start of the academic year and enrollment and attendance at the midpoint of the academic year. 20.4(3) The department’s actions under Iowa Code section 257.11B(5)“e” and “f” as enacted by 2023 Iowa Acts, House File 68, section 7, may be any action consistent with the department’s authority under Iowa Code section 256.1. 20.4(4) The department must recover all improperly paid ESA funds. The department and its director have flexibility to engage in voluntary collection activities if overpayments were based on a good faith error. For purposes of this chapter, a “false claim” is a statement made in conjunction with this program that is knowingly false or in reckless disregard of the truth. 20.4(5) A parent or guardian may appeal to the state board of education any administrative decision the department or third-party entity makes pursuant to this chapter, including determinations of eligibility, allowable expenses, and removal from the program. An appeal under this subrule must be signed and in writing. Electronic submissions and signatures are allowed. Any appeals under this subrule are timely if filed within 30 days of the date of the administrative decision and are governed by 281—Chapter 6. These rules are intended to implement Iowa Code section 257.11B as enacted by 2023 Iowa Acts, House File 68.ARC 7030CVeterinary Medicine Board[811]Notice of Intended ActionProposing rule making related to licensure by verification and providing an opportunity for public comment
The Board of Veterinary Medicine hereby proposes to amend Chapter 6, “Application for Veterinary Licensure,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 272C.4.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, Senate File 2383.Purpose and Summary This proposed rule making amends license by verification rules to comply with 2022 Iowa Acts, Senate File 2383, which removed residency and active duty requirements from the license by verification process for applicants seeking professional licensure who have been licensed in another 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 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 811—Chapter 14. 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 June 20, 2023. Comments should be directed to: Colin Tadlock Iowa Department of Agriculture and Land Stewardship Wallace State Office Building 502 East 9th Street Des Moines, Iowa 50319 Phone: 515.518.7609 Email: colin.tadlock@iowaagriculture.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 action is proposed:
ITEM 1. Amend subrule 6.6(1) as follows: 6.6(1) Eligibility. A person may seek licensure by verification if the person is licensed in at least one other jurisdiction., and either: a. The person establishes residency in the state of Iowa; or b. The person is married to an active duty member of the military forces of the United States and is accompanying the member on an official permanent change of station in Iowa. ITEM 2. Rescind paragraph 6.6(2)"d". ITEM 3. Reletter paragraph 6.6(2)"e" as 6.6(2)"d".ARC 7031CVeterinary Medicine Board[811]Notice of Intended ActionProposing rule making related to license by verification and providing an opportunity for public comment
The Board of Veterinary Medicine hereby proposes to amend Chapter 8, “Auxiliary Personnel,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 272C.4.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, Senate File 2383.Purpose and Summary This proposed rule making amends license by verification rules to comply with 2022 Iowa Acts, Senate File 2383, which removed residency and active duty requirements from the license by verification process for applicants seeking professional licensure who have been licensed in another 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 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 811—Chapter 14. 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 June 20, 2023. Comments should be directed to: Colin Tadlock Iowa Department of Agriculture and Land Stewardship Wallace State Office Building 502 East 9th Street Des Moines, Iowa 50319 Phone: 515.518.7609 Email: colin.tadlock@iowaagriculture.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 action is proposed:
ITEM 1. Amend subrule 8.11(1) as follows: 8.11(1) Eligibility. A person may seek registration by verification if the person is registered or licensed in at least one other jurisdiction., and either: a. The person establishes residency in the state of Iowa; or b. The person is married to an active duty member of the military forces of the United States and is accompanying the member on an official permanent change of station in Iowa. ITEM 2. Rescind paragraph 8.11(2)"d". ITEM 3. Reletter paragraphs 8.11(2)"e" and 8.11(2)"f" as 8.11(2)"d" and 8.11(2)"e".ARC 7029CVeterinary Medicine Board[811]Notice of Intended ActionProposing rule making related to military service and veteran reciprocity and providing an opportunity for public comment
The Board of Veterinary Medicine hereby proposes to adopt new Chapter 15, “Military Service and Veteran Reciprocity,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in 2022 Iowa Acts, Senate File 2383, section 21.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 272C.4.Purpose and Summary The proposed rule making adopts new Chapter 15, which provides a process under which the Board will provide credit toward licensure qualifications for military service and the procedures for issuing reciprocal or provisional licensure for veterans who are licensed in other jurisdictions. The rule making also implements 2022 Iowa Acts, Senate File 2383, section 21, by adding military spouses as individuals who can be licensed under special veteran reciprocity rules.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 811—Chapter 14. 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 June 20, 2023. Comments should be directed to: Colin Tadlock Iowa Department of Agriculture and Land Stewardship Wallace State Office Building 502 East 9th Street Des Moines, Iowa 50319 Phone: 515.518.7609 Email: colin.tadlock@iowaagriculture.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 action is proposed:
ITEM 1. Adopt the following new 811—Chapter 15: CHAPTER 15MILITARY SERVICE AND VETERAN RECIPROCITY811—15.1(272C) Definitions. "Board" means the Iowa board of veterinary medicine. "License" "licensure" means any license, registration, certificate, or permit that may be granted by the Iowa board of veterinary medicine. "Military service" means honorably serving on federal active duty, state active duty, or national guard duty, as defined in Iowa Code section 29A.1; in the military services of other states, as provided in 10 U.S.C. Section 101(c); or in the organized reserves of the United States, as provided in 10 U.S.C. Section 10101. "Military service applicant" means an individual requesting credit toward licensure for military education, training, or service obtained or completed in military service. "Spouse" means a spouse of an active duty member of the military forces of the United States. "Veteran" means an individual who meets the definition of “veteran” in Iowa Code section 35.1(2).811—15.2(272C) Military education, training, and service credit. A military service applicant may apply for credit for verified military education, training, or service toward any experience or educational requirement for licensure by submitting a military service application form to the board office. 15.2(1) The application may be submitted with an application for licensure or examination, or prior to application for licensure or to take an examination. No fee is required with submission of an application for military service credit. 15.2(2) The applicant shall identify the experience or educational licensure requirement to which the credit would be applied if granted. Credit shall not be applied to an examination requirement. 15.2(3) The applicant shall provide documents, military transcripts, a certified affidavit, or forms that verify completion of the relevant military education, training, or service, which may include, when applicable, the applicant’s Certificate of Release or Discharge from Active Duty (DD Form 214) or Verification of Military Experience and Training (VMET) (DD Form 2586). 15.2(4) Upon receipt of a completed military service application, the board shall promptly determine whether the verified military education, training, or service will satisfy all or any part of the identified experience or educational qualifications for licensure. 15.2(5) The board shall grant credit requested in the application in whole or in part if the board determines that the verified military education, training, or service satisfies all or part of the experience or educational qualifications for licensure. 15.2(6) The board shall inform the military service applicant in writing of the credit, if any, given toward an experience or educational qualification for licensure, or explain why no credit was granted. The applicant may request reconsideration upon submission of additional documentation or information. 15.2(7) A military service applicant who is aggrieved by the board’s decision may request a contested case (administrative hearing) and may participate in a contested case by telephone. A request for a contested case shall be made within 30 days of issuance of the board’s decision. The provisions of rules 811—10.13(17A,169,272C) through 811—10.38(17A) shall apply, except that no fees or costs shall be assessed against the military service applicant in connection with a contested case conducted pursuant to this subrule. 15.2(8) The board shall grant or deny the military service application prior to ruling on the application for licensure. The applicant shall not be required to submit any fees in connection with the licensure application unless the board grants the military service application. If the board does not grant the military service application, the applicant may withdraw the licensure application or request that the licensure application be placed in pending status for up to one year or as mutually agreed. The withdrawal of a licensure application shall not preclude subsequent applications supported by additional documentation or information.811—15.3(272C) Veteran or spouse reciprocity. 15.3(1) A veteran or spouse with an unrestricted professional license in another jurisdiction may apply for licensure in Iowa through reciprocity. A veteran or spouse must pass any examinations required for licensure to be eligible for licensure through reciprocity and will be given credit for examinations previously passed when consistent with board laws and rules on examination requirements. A fully completed application for licensure submitted by a veteran or spouse under this subrule shall be given priority and shall be expedited. 15.3(2) Such an application shall contain all of the information required of all applicants for licensure who hold unrestricted licenses in other jurisdictions and who are applying for licensure by reciprocity, including but not limited to completion of all required forms, payment of applicable fees, disclosure of criminal or disciplinary history, and, if applicable, a criminal history background check. The applicant shall use the same forms as any other applicant for licensure by reciprocity and shall additionally provide such documentation as is reasonably needed to verify the applicant’s status as a veteran under Iowa Code section 35.1(2) or a spouse of an active duty member of the military forces of the United States. 15.3(3) Upon receipt of a fully completed licensure application, the board shall promptly determine if the scope of practice in the jurisdiction where the applicant is licensed is substantially equivalent to the scope 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. 15.3(4) The board shall promptly grant a license to the applicant if the applicant is licensed in the same or similar profession in another jurisdiction whose scope of practice is substantially equivalent to the 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. 15.3(5) If the board determines that the scope of practice in the jurisdiction in which the applicant is licensed is not substantially equivalent to the scope of practice in Iowa, the board shall promptly inform the applicant of the additional education or training required for licensure in Iowa. Unless the applicant is ineligible for licensure based on other grounds, such as disciplinary or criminal background, the following shall apply: a. If an applicant has not passed the required examination(s) for licensure, the applicant may not be issued a temporary license but may request that the licensure application be placed in pending status for up to one year or as mutually agreed to provide the applicant with the opportunity to satisfy the examination requirements. b. If additional education or training is required, the applicant may request that the board issue a temporary license for a specified period of time during which the applicant will successfully complete the necessary education or training. The board shall issue a temporary 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 temporary license is granted. c. If a request for a temporary 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 temporary license. d. If a temporary license is issued, the application for full licensure shall be placed in pending status until the necessary education or training has been successfully completed or the temporary license expires, whichever occurs first. The board may extend a temporary license on a case-by-case basis for good cause. 15.3(6) An applicant who is aggrieved by the board’s decision to deny an application for a reciprocal license or a temporary license or is aggrieved by the terms under which a temporary license will be granted may request a contested case (administrative hearing) and may participate in a contested case by telephone. A request for a contested case shall be made within 30 days of issuance of the board’s decision. The provisions of rules 811—10.13(17A,169,272C) through 811—10.38(17A) shall apply, except that no fees or costs shall be assessed against the applicant in connection with a contested case conducted pursuant to this subrule. These rules are intended to implement Iowa Code section 272C.12A.ARC 7024CEducation Department[281]Adopted and Filed EmergencyRule making related to education savings accounts
The State Board of Education hereby adopts new Chapter 20, “Students First Act—Education Savings Accounts,” Iowa Administrative Code. Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 256.7 and 2023 Iowa Acts, House File 68.State or Federal Law Implemented This rule making implements, in whole or in part, 2023 Iowa Acts, House File 68.Purpose and Summary This rule making adopts a new Chapter 20 containing the administrative rules for the education savings account provisions of the Students First Act. New rule 281—20.1(257) provides definitions for the program. New rule 281—20.2(257) sets eligibility requirements for participation. New rule 281—20.3(257) sets parameters for the application process. New rule 281—20.4(257) provides for administration and accountability for the program.Reason for Adoption of Rule Making Without Prior Notice and Opportunity for Public Participation Pursuant to Iowa Code section 17A.4(3), the State Board finds that notice and public participation are unnecessary or impractical because 2023 Iowa Acts, House File 68, division II, is effective upon enactment and authorizes emergency rule making.Reason for Waiver of Normal Effective Date Pursuant to Iowa Code section 17A.5(2)“b”(1)(a) and (b), the State Board also finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on May 4, 2023, because 2023 Iowa Acts, House File 68, division II, so provides and because this rule making confers a benefit to the public or some segment thereof by setting up a program that will benefit students and families wishing to exercise expanded school choice.Adoption of Rule Making This rule making was adopted by the State Board on May 4, 2023.Concurrent Publication of Notice of Intended Action In addition to its adoption on an emergency basis, this rule making has been initiated through the normal rule-making process and is published herein under Notice of Intended Action as ARC 7023C to allow for public comment.Fiscal Impact This rule making has a fiscal impact to the State of Iowa, as described in the Fiscal Note for House File 68, available at www.legis.iowa.gov/docs/publications/FN/1367577.pdf.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 Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4.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 May 4, 2023. The following rule-making action is adopted:
ITEM 1. Adopt the following new 281—Chapter 20: CHAPTER 20STUDENTS FIRST ACT—EDUCATION SAVINGS ACCOUNTS281—20.1(257) Definitions. 20.1(1) “Annual income” means the same as “net income” as defined in Iowa Code section 422.7 in effect for the year preceding an application. In calculating annual income, the department shall use information from the last year’s state tax form and need not include income of individuals who have no legal obligation to provide support to the student unless said individual is married to the parent or guardian who is responsible for financially supporting the student. If “annual income” cannot be clearly determined through review of the submitted tax return, the department director has authority to request additional information and determine eligibility. This subrule applies only for school years beginning July 1, 2023, and July 1, 2024; it will cease to be applicable by operation of law on July 1, 2025. 20.1(2) “Department” means the department of education. 20.1(3) “Full-time” means enrollment at a nonpublic school with a minimum school calendar that meets the requirement of Iowa Code section 279.10 for at least 75 percent of the school’s definition of full-time. 20.1(4) “Household” means the number of people who reside together and who are related by birth, marriage, adoption, legal guardianship, or placement in the home through a state agency. “Household” includes parents, student applicants, and other children who share at least one parent by birth, by adoption, by a parent’s current marriage, or by placement in the home through a state agency. A parent on military duty is considered to be residing in the household. If “household” cannot be clearly determined through review of the submitted tax return, the department director has authority to request additional information and determine eligibility. This subrule applies only for school years beginning July 1, 2023, and July 1, 2024; it will cease to be applicable by operation of law on July 1, 2025. 20.1(5) “Nonpublic school” means the same as defined in Iowa Code section 285.16. 20.1(6) “Qualified educational expenses” means the same as defined in Iowa Code section 257.11B(1)“b” as enacted by 2023 Iowa Acts, House File 68, section 7. a. For purposes of this subrule, an approvable provider of “educational therapies” is qualified by recognized training and education to provide those educational therapies. To prevent waste, fraud, and abuse, “educational therapies” does not include therapies provided by the student’s family. For purposes of this subrule, “family” includes parents, step-parents, guardians, siblings, half siblings, step-siblings, grandparents, step-grandparents, aunts, uncles, or first cousins. b. For purposes of this subrule, approvable “online education programs” means online education programs provided by online education providers approved by the department under 281—Chapter 15. c. For purposes of this subrule, an approvable provider of “vocational and life skills education” is any entity approved by the department or any other unit of state government to provide the vocational and life skills education sought. d. For purposes of this subrule, an approvable “accredited provider” is any individual or organization holding a credential issued by the Iowa board of educational examiners or any other credential issued by the state of Iowa. For purposes of this paragraph, paraprofessionals or assistants are sufficiently trained if they hold a credential issued under Iowa Code section 272.12 or if they have received training and education deemed sufficient by their supervising professional. e. For purposes of this subrule, expenses listed in Iowa Code section 257.11B(1)“b” as enacted by 2023 Iowa Acts, House File 68, section 7, are not eligible for payment. 20.1(7) “Resident” means the same as defined in Iowa Code section 282.1(2). 20.1(8) “Student” is synonymous with the term “pupil” as that term is used in Iowa Code section 257.11B as enacted by 2023 Iowa Acts, House File 68, section 7.281—20.2(257) Eligible students. 20.2(1) Resident students are eligible as described in Iowa Code section 257.11B(2) as enacted by 2023 Iowa Acts, House File 68, section 7, with annual income determined pursuant to subrule 20.1(1). 20.2(2) Resident students are deemed to attend a nonpublic school for that school budget year under Iowa Code section 257.11B(2) as enacted by 2023 Iowa Acts, House File 68, section 7, if the student attends a nonpublic school on a full-time basis. 20.2(3) Resident students are deemed enrolled in a nonpublic school for the school year immediately preceding the school year for which the education savings account (ESA) payment is requested under Iowa Code section 257.11B(2) as enacted by 2023 Iowa Acts, House File 68, section 7, if they enrolled in and attended a nonpublic school at any point in the immediately preceding school year.281—20.3(257) Application process. The parent or guardian of an eligible student may request an ESA payment during the time period specified by Iowa Code section 257.11B(3) as enacted by 2023 Iowa Acts, House File 68, section 7, by applying to the department, in a manner prescribed by the department. Within the time frame provided by Iowa Code section 257.11B(5) as enacted by 2023 Iowa Acts, House File 68, section 7, the department provides a response to the application.281—20.4(257) Administration, accountability, monitoring, and enforcement. 20.4(1) The department will take reasonable efforts to verify eligibility of parents, students, nonpublic schools, and providers to participate in this chapter, including verifying information with other state agencies. 20.4(2) The department will make an equal distribution of funds under this chapter to a third-party entity, for distribution to eligible students’ accounts, after confirming enrollment at the start of the academic year and enrollment and attendance at the midpoint of the academic year. 20.4(3) The department’s actions under Iowa Code section 257.11B(5)“e” and “f” as enacted by 2023 Iowa Acts, House File 68, section 7, may be any action consistent with the department’s authority under Iowa Code section 256.1. 20.4(4) The department must recover all improperly paid ESA funds. The department and its director have flexibility to engage in voluntary collection activities if overpayments were based on a good faith error. For purposes of this chapter, a “false claim” is a statement made in conjunction with this program that is knowingly false or in reckless disregard of the truth. 20.4(5) A parent or guardian may appeal to the state board of education any administrative decision the department or third-party entity makes pursuant to this chapter, including determinations of eligibility, allowable expenses, and removal from the program. An appeal under this subrule must be signed and in writing. Electronic submissions and signatures are allowed. Any appeals under this subrule are timely if filed within 30 days of the date of the administrative decision and are governed by 281—Chapter 6. These rules are intended to implement Iowa Code section 257.11B as enacted by 2023 Iowa Acts, House File 68. [Filed Emergency 5/4/23, effective 5/4/23][Published 5/31/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/31/23.ARC 7037CAgriculture and Land Stewardship Department[21]Adopted and FiledRule making related to marketing programs
The Agriculture and Land Stewardship Department hereby amends Chapter 52, “Marketing,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 159.27.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 159.28 and 2022 Iowa Acts, House File 2560.Purpose and Summary This rule making makes a number of changes to the Choose Iowa Promotional Program and Value-Added Agriculture Grant Program rules. Updates to the promotional program include:
Rule making related to federal regulations for trade practices
The Alcoholic Beverages Division hereby amends Chapter 16, “Trade Practices,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted 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 adopted 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 the updates make the regulatory requirements clearer and make it easier for manufacturers, wholesalers, and retailers to do business in Iowa. Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 16, 2022, as ARC 6667C. A public hearing was held on December 6, 2022, at 1 p.m. via video/conference call. Only one organization attended the public hearing and provided public comment requesting changes to the rule making. Written public comments were also received. Based on public comment and 2023 legislation, the following changes were made from the published Notice:
- Did not adopt a definition for “division” and instead added a definition for “department” to coincide with the enactment of 2023 Iowa Acts, Senate File 514. References to “division” were replaced with “department” throughout the rule making.
- Amended the definition of “exclusion” in rule 185—16.1(123) to clarify that exclusion can occur in whole or in part.
- Amended the definition of “furnishings, fixtures and equipment” in rule 185—16.1(123) to clarify that the items identified in subrule 16.3(1) are not included in the definition.
- Revised new subrule 16.3(1) to clarify that billboards are considered retailer advertising utensils allowed to be supplied, given, or sold by industry members to retailers.
- Revised new subrule 16.11(2) to remove the requirement that any additional cost incurred by an industry member related to a combination package be included in the cost of the package to the retailer. This requirement does not appear in federal regulation.
- Revised new paragraph 16.14(2)“a” to reinstate the prohibition against an industry member resetting or rearranging another industry member’s products without the explicit consent of the retailer.
- Did not adopt new paragraph 16.14(2)“b” since it was no longer needed with the revisions to new paragraph 16.14(2)“a.” The remaining new paragraph 16.14(2)“c” was relettered as necessary.
- Revised new subrule 16.60(1) to clarify that an industry member and a retailer may enter into a supply contract of one year or less where the industry member sells alcoholic liquor, wine, or beer to the retailer on an “as needed” basis, provided the retailer is not required to purchase any minimum quantity of such product. This aligns with the corresponding federal regulation.
- Revised new subrule 16.60(2) to add an example of a prohibited third-party arrangement.
- Did not adopt amendments to rule 185—16.75(123).
- Did not adopt amendments to 185—Chapter 16, Part V preamble, since amendments to rule 185—16.75(123) were not adopted. Added amendments to clarify that Part V applies to transactions between industry members and retailers.
- Did not adopt rule 185—16.76(123).
- 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.
- 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.
Rule making related to health care facilities administration
The Inspections and Appeals Department hereby amends Chapter 50, “Health Care Facilities Administration,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 10A.104 and 135C.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 10A.104, 17A.7(2) and 135C.2.Purpose and Summary The Department completed a comprehensive review of Chapter 50 in accordance with the requirement in Iowa Code section 17A.7(2). This rule making updates citations and removes outdated, unnecessary, and redundant content. It also updates rules related to background checks in accordance with Iowa Code chapter 135Q. The Department does not believe that these amendments pose a financial hardship on any regulated entity or individual. Rather, the amendments eliminate redundant language from the Iowa Administrative Code.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 22, 2023, as ARC 6911C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was reviewed and approved by the State Board of Health at its May 10, 2023, meeting. This rule making was adopted by the Department on May 10, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on July 5, 2023. The following rule-making action is adopted:
ITEM 1. Amend paragraph 50.3(3)"f" as follows: f. Residential care facilities for the intellectually disabled, three- to five-bed license, 481—Chapters 60 and 63481—Chapter 63; ITEM 2. Amend rule 481—50.6(10A) as follows:481—50.6(10A) Formal hearing. All decisions of the division may be contested. Appeals and hearings are controlled by 481—Chapter 9, “Contested Cases.,”and 481—Chapter 10, “Rules of Procedure and Practice Before the Administrative Hearings Division.” 50.6(1) The proposed decision of the hearing officer becomes final ten15 days after it is mailed. 50.6(2) Any request for administrative review of a proposed decision must:- Be made in writing,
- Be mailed by certified mail to the director, within ten15 days after the proposed decision was mailed to the aggrieved party,
- State the reason(s) for the request.
- An employee of a health care facility licensed under Iowa Code chapter 135C if the employee provides direct or indirect services to residents;
- An employee of a home health agency if the employee provides direct services to consumers;
- An employee of a hospice if the employee provides direct services to consumers.;
- A health care employment agency worker as defined by Iowa Code section 135Q.1.
Rule making related to nursing facilities
The Inspections and Appeals Department hereby amends Chapter 58, “Nursing Facilities,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 10A.104 and 135C.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 10A.104, 17A.7(2) and 135C.2 and 2022 Iowa Acts, House File 803.Purpose and Summary The Department completed a comprehensive review of Chapter 58 in accordance with the requirement in Iowa Code section 17A.7(2). This rule making removes outdated, unnecessary, and redundant content by streamlining language, referencing pertinent state and federal law, and conforming rules with current and long-standing practices. The amendments also update rules in accordance with changes included in 2022 Iowa Acts, House File 803, providing the same power, privilege, right, or duty to a physician assistant licensed under Iowa Code chapter 148C as to a physician, as is consistent with the scope of practice of the physician assistant as specified therein. The Department does not believe that these amendments pose a financial hardship to any regulated entity or individual. Rather, the amendments eliminate unnecessary language from the Iowa Administrative Code.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 22, 2023, as ARC 6908C. The Department received two sets of public comments. The first, submitted by the Iowa Health Care Association (IHCA), requested retention of language proposed to be removed from paragraph 58.12(1)“g” stating: “The facility may require that items of exceptional value or which would convey unreasonable responsibilities to the licensee be removed from the premises of the facility for safekeeping.” However, that same language is set forth in Iowa Code 135C.24(2). Accordingly, the Department has made no additional change to that item. IHCA also requested the Department retain paragraph 58.47(2)“c,” which provides an exception to resident visitation rights where “[t]he visitor’s behavior is unreasonably disruptive to the functioning of the facility (this judgment must be made by the administrator and the reasons shall be documented and kept on file).” The Department agrees and has retained that language. The Department also received public comments from Iowa Dietetics in Health Care Communities (IDHCC). IDHCC specifically supported the Department’s proposed changes to subrule 58.24(2), requested a definition of “qualified health care practitioner” referenced in subparagraph 58.24(2)“d”(3) and subrule 58.24(3), and requested that additional explanation be provided regarding the requirement for “suitable, nourishing alternative meals and snacks.” The Department has revised subparagraph 58.24(3)“c”(2) (Item 28) to provide additional explanation for the “suitable, nourishing alternative meals and snacks” by referencing the federal requirement and interpretive guidelines at 42 CFR 483.60(f). The Department has made no change regarding the provision of a definition of “qualified health care practitioner” because the Department’s intent is to provide flexibility based on the scope of practice permitted by the governing body of the particular type of practitioner. The Department has also added amendments to paragraphs 58.3(1)“c” (Item 3), 58.3(2)“c” (Item 4), 58.5(7)“b” (Item 6), and subrule 58.40(11) (Item 39) to require 60 days, rather than 30 days, for submission of the initial application, change of ownership information, and voluntary closure. These changes are consistent with current federal requirements. Subsequent items have been renumbered accordingly.Adoption of Rule Making This rule making was reviewed and approved by the State Board of Health at its May 10, 2023, meeting. This rule making was adopted by the Department on May 10, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on July 5, 2023. The following rule-making action is adopted:
ITEM 1. Amend rule 481—58.1(135C), definitions of “Ambulatory” and “Qualified intellectual disabilities professional,” as follows: "Ambulatory" means the condition of a person who immediately and without aid of another is physically or mentally capable of traveling a normal path to safety, including the ascent and descent of stairsif applicable to the facility. "Qualified intellectual disabilities professional" means a psychologist, physician,physician assistant, registered nurse, educator, social worker, physical or occupational therapist, speech therapist or audiologist who meets the educational requirements for the profession, as required in the state of Iowa, and having one year’s experience working with persons with an intellectual disability. ITEM 2. Rescind the definition of “Chairfast” in rule 481—58.1(135C). ITEM 3. Amend paragraph 58.3(1)"c" as follows: c. Make application at least 3060 days prior to the change of ownership of the facility on forms provided by the department; ITEM 4. Amend paragraph 58.3(2)"c" as follows: c. Make application at least 3060 days prior to the change of ownership of the facility on forms provided by the department; ITEM 5. Amend rule 481—58.4(135C) as follows:481—58.4(135C) General requirements. 58.4(1) The license shall be displayed in a conspicuous place in the facility which is viewed by the public. (III) 58.4(2) The license shall be valid only in the possession of the licensee to whom it is issued. 58.4(3) The posted license shall accurately reflect the current status of the nursing facility. (III) 58.4(4) Licenses expire one year after the date of issuance or as indicated on the license. 58.4(5) NoA nursing facility shallnot be licensed for more beds than have been approved by the health facilities construction review committeecouncil pursuant to Iowa Code chapter 135 or than the facility can accommodate pursuant to the minimum physical standards for nursing facilities as set forth in 481—Chapter 61. 58.4(6) Each citation or a copy of each citation issued by the department for a class I or class II violation shall be prominently posted by the facility in plain view of the residents, visitors, and persons inquiring about placement in the facility. The citation or copy of the citation shall remain posted until the violation is corrected to the satisfaction of the departmentThe facility shall post in a place readily accessible to residents, visitors, and persons inquiring about placement in the facility the results of the most recent survey of the facility. The facility shall maintain any surveys, certifications, and complaint investigations made respecting the facility during the three preceding years, and any plan of correction in effect with respect to the facility, available for any individual to review upon request. (III) ITEM 6. Amend rule 481—58.5(135C) as follows:481—58.5(135C) Notifications required by the department. The department shall be notified: 58.5(1) Within 48 hours, by letter, of any reduction or loss of nursing or dietary staff lasting more than seven days which places the staffing ratiorequirements below thatthose required for licensing. No additional residents shall be admitted until the minimum staffing requirements are achieved; (III) 58.5(2) OfThirty days before any proposed change in the nursing facility’s functional operation or addition or deletion of required services; (III) 58.5(3) Thirty days before addition, alteration, or new construction is begun in the nursing facility or on the premises; (III) 58.5(4) Thirty days in advance of closure of the nursing facility; (III) 58.5(5) Within two weeks of any change in administrator; (III) 58.5(6) When any change in the category of license is sought; (III) 58.5(7) Prior to the purchase, transfer, assignment, or lease of a nursing facility, the licensee shall: a. Inform the department of the pending sale, transfer, assignment, or lease of the facility; (III) b. Inform the department of the name and address of the prospective purchaser, transferee, assignee, or lessee at least 3060 days before the sale, transfer, assignment, or lease is completed;. (III) c. Submit a written authorization to the department permitting the department to release all information of whatever kind from the department’s files concerning the licensee’s nursing facility to the named prospective purchaser, transferee, assignee, or lessee. (III) 58.5(8) Pursuant to the authorization submitted to the department by the licensee prior to the purchase, transfer, assignment, or lease of a nursing facility, the department shall upon request send or give copies of all recent licensure surveys and of any other pertinent information relating to the facility’s licensure status to the prospective purchaser, transferee, assignee, or lessee; costs for such copies shall be paid by the prospective purchaser. ITEM 7. Amend paragraph 58.8(2)"a" as follows: a. The distance between the two facilities shall be no greater than 5075 miles. (II) ITEM 8. Amend paragraph 58.8(4)"b" as follows: b. The facility shall notify the department in writing within ten business14 days of the administrator’s appointment. The written notice shall include the estimated time frame for the appointment of the provisional administrator and the reason for the appointment of a provisional administrator. (III) ITEM 9. Amend subrules 58.10(8) and 58.10(9) as follows: 58 58.10 10(8) Infection control program. Each facility shall have a written and implemented infection control and exposure control program with policies and procedures based on the guidelines issued by the Centers for Disease Control and Prevention(CDC), U.S. Department of Health and Human Services. (I, II, III) CDC guidelines are available at www.cdc.gov/ncidod/dhqp/index.htmlwww.cdc.gov. 58 58.10 10(9) Infection control committee. Each facility shall establish an infection control committee of representative professional staff responsible for overall infection control in the facility.The infection control committee may be part of or the same as another quality assurance committee as long as the following standards are met: (III) a. The committee shall annually review and revise the infection control policies and procedures to monitor effectiveness and suggest improvement. (III) b. The committee shall meet at least quarterly, submit reports to the administrator, and maintain minutes in sufficient detail to document its proceedings and actions. (III) c. The committee shall monitor the health aspect and the environment of the facility. (III) ITEM 10. Amend subrule 58.11(1) as follows: 58.11(1) General qualifications. a. No person with a current record of habitual alcohol intoxication or addiction to the use of drugs shall serve in a managerial role of a nursing facility. (II) b. No person under the influence of alcohol or intoxicating drugs shall be permitted to provide services in a nursing facility. (II) c. No person shall be allowed to provide services in a facility if the person has a disease: (1) Which is transmissible through required workplace contact, (I, II, III) (2) Which presents a significant risk of infecting others, (I, II, III) (3) Which presents a substantial possibility of harming others, and (I, II, III) (4) For which no reasonable accommodation can eliminate the risk. (I, II, III)Refer to Guidelines for Infection Control in Hospital Personnel,guidelines issued by the Centers for Disease Controland Prevention, U.S. Department of Health and Human Services, PB85-923402 to determine (1), (2), (3) and (4). d. Reserved. e. d. Individuals with either physical or mental disabilities may be employed for specific duties, but only if that disability is unrelated to that individual’s ability to perform the duties of the job. (III) f. e. Persons employed in all departments, except the nursing department of a nursing facility, shall be qualified through formal training or through prior experience to perform the type of work for which they have been employed. Prior experience means at least 240 hours of full-time employment in a field related to their duties. Persons may be hired in laundry, housekeeping, activities and dietary without experience or training if the facility institutes a formal in-service training program to fit the job description in question and documents such as having taken place within 30 days after the initial hiring of such untrained employees. (III) g. Rescinded, effective 7/14/82. h. f. The health services supervisor shall be a qualified nurse as defined in these regulations. (II) i. Those persons employed as nurse’s aides, orderlies, or attendants in a nursing facility who have not completed the state-approved 75-hour nurse’s aide program shall be required to participate in a structured on-the-job training program of 20 hours’ duration to be conducted prior to any resident contact, except that contact required by the training program. This educational program shall be in addition to facility orientation. Each individual shall demonstrate competencies covered by the curriculum. This shall be observed and documented by an R.N. and maintained in the personnel file. No aide shall work independently until this is accomplished, nor shall the aide’s hours count toward meeting the minimum hours of nursing care required by the department. The curriculum shall be approved by the department. An aide who has completed the state-approved 75-hour course may model skills to be learned.Further, such personnel shall be enrolled in a state-approved 75-hour nurse’s aide program to be completed no later than six months from the date of employment. If the state-approved 75-hour program has been completed prior to employment, the on-the-job training program requirement is waived. The 20-hour course is in addition to the 75-hour course and is not a substitute in whole or in part. The 75-hour program, approved by the department, may be provided by the facility or academic institution.Newly hired aides who have completed the state-approved 75-hour course shall demonstrate competencies taught in the 20-hour course upon hire. This shall be observed and documented by an R.N. and maintained in the personnel file.All personnel administering medications must have completed the state-approved training program in medication administration. (II) j. g. There shall be an organized ongoing in-service educational and training program planned in advance for all personnel in all departments. (II, III) k. h. Nurse aides may be utilized in accordance with the requirements in 441—subrule 81.13(19) and rule 441—81.16(249A).Nurse aides, orderlies or attendants in a nursing facility who have received training other than the Iowa state-approved program, must pass a challenge examinationcompetency evaluation approved by the department of inspections and appealsin accordance with 441—subrule 81.13(19) and rule 441—81.16(249A). Evidence of prior formal training in a nursing aide, orderly, attendant, or other comparable program must be presented to the facility or institution conducting the challenge examination before the examination is given. The approved facility or institution, following department of inspections and appeals guidelines, shall make the determination of who is qualified to take the examination. Documentation of the challenge examinations administered shall be maintained. ITEM 11. Amend subrule 58.11(2) as follows: 58.11(2) Nursing supervision and staffing. a. Rescinded IAB 8/7/91, effective 7/19/91. b. a. Where only part-time nurses are employed, one nurse shall be designated health service supervisor. (III) c. b. A qualified nurse shall be employed to relieve the supervising nurses, including charge nurses, on holidays, vacation, sick leave, days off, absences or emergencies. Pertinent information for contacting such relief person shall be posted at the nurse’s stationreadily available to nurses. (III) d. c. When the health service supervisor serves as the administrator of a facility 50 beds and over, a qualified nurse must be employed to relieve the health service supervisor of nursing responsibilities. (III) e. d. The department may establish on an individual facility basis the numbers and qualifications of the staff required in the facility using as its criteria the services being offered and the needs of the residents. (III) f. Additional staffing, above the minimum ratio, may be required by the department commensurate with the needs of the individual residents. (III) g. The minimum hours of resident care personnel required for residents needing intermediate nursing care shall be 2.0 hours per resident day computed on a seven-day week. A minimum of 20 percent of this time shall be provided by qualified nurses. If the maximum medical assistance rate is reduced below the 74th percentile, the requirement will return to 1.7 hours per resident per day computed on a seven-day week. A minimum of 20 percent of this time shall be provided by qualified nurses. (II, III) h. The health service supervisor’s hours worked per week shall be included in computing the 20 percent requirement. i. e. A nursing facility of 75 beds or more shall have a qualified nurse on duty 24 hours per day, seven days a week. (II, III) j. f. In facilities under 75 beds, if the health service supervisor is a licensed practical nurse, the facility shall employ a registered nurse, for at least four hours each week for consultation, who must be on duty at the same time as the health service supervisor. (II, III) (1) This shall be an on-site consultation and documentation shall be made of the visit. (III) (2) The registered nurse-consultant shall have responsibilities clearly outlined in a written agreement with the facility. (III) (3) Consultation shall include but not be limited to the following: counseling the health service supervisor in the management of the health services; (III) reviewing and evaluating the health services in determining that the needs of the residents are met; (II, III) conducting a review of medications at least monthly if the facility does not employ a registered nurse part-time. (II, III) k. g. Facilities with 75 or more beds must employ a health service supervisor who is a registered nurse. (II) l. h. There shall be at least two people who shall be capable of rendering nursing service, awake, dressed, and on duty at all times. (II) m. i. Physician’sand other qualified health care practitioner’s orders shall be implemented by qualified personnel. (II, III) ITEM 12. Amend paragraph 58.12(1)"g" as follows: g. A nursing facility shall provide for the safekeeping of personal effects, funds, and other property of its residents. The facility may require that items of exceptional value or which would convey unreasonable responsibilities to the licensee be removed from the premises of the facility for safekeepingResidents have a right to retain and use personal possessions, including furnishings and clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other residents. (III) ITEM 13. Amend subrule 58.14(2) as follows: 58.14(2) Each resident admitted to a nursing facility shall have had a physical examination prior to admission. If the resident is admitted directly from a hospital, a copy of the hospital admission physical and discharge summary may be made part of the record in lieu of an additional physical examination. A record of the examination, signed by the physicianor other qualifying health care practitioner, shall be a part of the resident’s record. (III) ITEM 14. Amend subrule 58.14(6) as follows: 58.14(6) A schedule listing the names and telephone numbers of the physicians shall be posted in each nursing stationreadily available to nursing staff. (III) ITEM 15. Amend paragraph 58.15(2)"c" as follows: c. Physical examination: The record of the admission physical examination anddescribed in subrule 58.14(2). It shall include the resident’s name, sex, age, pertinent medical history,shall portray the current medical status of the resident and shall include the resident’s name, sex, age, medical history, tuberculosis status, physical examination, diagnosis, statement of chief complaints, estimation of restoration potential and results of any diagnostic procedures. The report of the physical examination shall be signed by the physician.and any other information required to adequately assess the resident and whether the facility is able to meet the resident’s needs; (III) ITEM 16. Amend paragraph 58.15(2)"e" as follows: e. Physician’s ordersOrders for medication, treatment, and diet in writing and signed by the physicianan appropriate qualifying health care practitioner quarterly; (III) ITEM 17. Amend paragraph 58.15(4)"b" as follows: b. Report of incidents shall be in detail on a printed incident report formor electronic form. (III) ITEM 18. Amend subparagraph 58.21(6)"c" as follows: (2) Be employed in the same facility forand work at least six consecutive months480 hours prior to the start of the medication aide course. This requirement is not subject to waiver. ITEM 19. Amend paragraph 58.21(6)"d" as follows: d. A person who is a nursing student or a graduate nurse may take the challenge examination in place of taking a medication aide course. This individual shall do all of the following before taking the medication aide challenge examination: (1) Complete a clinical or nursing theory course within six months before taking the challenge examination; (2) Successfully complete a nursing program pharmacology course within one year before taking the challenge examination; (3) Provide to the community college a written statement from the nursing program’s pharmacology or clinical instructor indicating the individual is competent in medication administration. (4) Successfully complete a department-approved nurse aide competency evaluation. ITEM 20. Amend subrule 58.21(9) as follows: 58.21(9) Records shall be kept of all Schedule II drug medications received and dispensed in accordance with the controlled drug and substance Act42 CFR 483.45(b)(2) and federal interpretive guidelines. (III) ITEM 21. Amend paragraph 58.21(11)"b" as follows: b. Medication for residents on leave from a facility longer than 24 hours shall be obtained in accordance with requirements established by the Iowa board of pharmacy examiners. ITEM 22. Amend paragraph 58.21(13)"a" as follows: a. Bulk supplies of prescription drugs shall not be kept in a nursing facility unless a licensed pharmacy is established in the facility under the direct supervision and control of a pharmacistor the prescription drugs are stored in an automated medication distribution system (AMDS) in compliance with standards established by the Iowa board of pharmacy. (III) ITEM 23. Amend paragraph 58.21(14)"a" as follows: a. All prescribed medications shall be clearly labeled indicating the resident’s full name, physician’s name, prescription number, name and strength of drug, dosage, directions for use, date of issue, and name and address and telephone number of pharmacy or physician issuing the drug. Where unit dose is used, prescribed medications shall, as a minimum, indicate the resident’s full name, physician’s name, name and strength of drug, and directions for use. Standard containers shall be utilized for dispensing drugs. Paper envelopes shall not be considered standard containers.Prescription medications distributed from an AMDS shall follow any labeling standards established by the Iowa board of pharmacy. (III) ITEM 24. Amend paragraphs 58.21(14)"j" and 58.21(14)"k" as follows: j. Instructions shall be requested of the Iowa board of pharmacy examiners concerning disposal of unused Schedule II drugs prescribed for residents who have died or for whom the Schedule II drug was discontinued. (III) k. There shall be a formal routine for the proper disposal of discontinued medications within a reasonable but specified time. These medications shall not be retained with the resident’s current medications. Discontinued drugs shall be destroyed by the responsible nurse with a witness and a notation made to that effect or returned to the pharmacist for destruction or resident credit. Drugs listed under the Schedule II drugs shall be disposed of in accordance with the provisions of the Iowa board of pharmacy examiners. (II, III) ITEM 25. Amend paragraph 58.21(14)"r" as follows: r. A pharmacy operating in connection with a nursing facility shall comply with the provisions of the pharmacy law requiring registration of pharmacies and the regulations of the Iowa board of pharmacy examiners. (III) ITEM 26. Amend subparagraph 58.22(1)"d" as follows: (1) The physician’s prescription for treatment; (III) ITEM 27. Amend subparagraph 58.22(2)"d" as follows: (1) Develop the treatment plan and administer or direct treatment in accordance with the physician’s prescription and rehabilitation goals; (III) ITEM 28. Amend subrules 58.24(2) to 58.24(4) as follows: .(2) Dietary staffing. The facility shall employ dietary staff in accordance with 42 CFR 483.60(a). a. The facility shall employ a qualified dietary supervisor who: (1) Is a qualified dietitian as defined in 58.24(2)“e”; or (2) Is a graduate of a dietetic technician training program approved by the Academy of Nutrition and Dietetics; or (3) Is a certified dietary manager certified by the certifying board for dietary managers of the Association of Nutrition and Foodservice Professionals and maintains that credential through 45 hours of ANFP-approved continuing education; or (4) Has completed an ANFP-approved course curriculum necessary to take the certification examination required to become a certified dietary manager; or (5) Has documented evidence of at least two years’ satisfactory work experience in food service supervision and who is in an approved dietary manager association program and will successfully complete the program within 24 months of the date of enrollment; or (6) Has completed the 90-hour training course approved by the department and is a certified food protection manager who has received training from and passed a test that is part of an American National Standards Institute (ANSI)-accredited Certified Food Protection Manager Program. (II, III) b. The supervisor shall have overall supervisory responsibility for dietetic services and shall be employed for a sufficient number of hours to complete management responsibilities that include: (1) Participating in regular conferences with the consultant dietitian, the administrator and other department heads; (III) (2) Writing menus with consultation from the dietitian and seeing that current menus are posted and followed and that menu changes are recorded; (III) (3) Establishing and maintaining standards for food preparation and service; (II, III) (4) Participating in selection, orientation, and in-service training of dietary personnel; (II, III) (5) Supervising activities of dietary personnel; (II, III) (6) Maintaining up-to-date records of residents identified by name, location and diet order; (III) (7) Visiting residents to learn individual needs and communicating with other members of the health care team regarding nutritional needs of residents when necessary; (II, III) (8) Keeping records of repairs of equipment in dietetic services. (III) c. A minimum of one person with supervisory and management responsibility and the authority to direct and control food preparation and service shall be a certified food protection manager who has received training from and passed a test that is part of an American National Standards Institute (ANSI)-accredited Certified Food Protection Manager Program. d. The facility shall employ sufficient supportive personnel to carry out the following functions: (1) Preparing and serving adequate amounts of food that are handled in a manner to be bacteriologically safe; (II, III) (2) Washing and sanitizing dishes, pots, pans and equipment at temperatures required by procedures described in the Food Code as defined in Iowa Code section 137F.2; (II, III) (3) Serving therapeutic diets as prescribed by the physicianor other qualified health care practitioner, including a licensed dietitian if delegated by the physician and within the dietician’s scope of practice, and following the planned menu. (II, III) e. The facility may assign simultaneous duties in the kitchen and laundry, housekeeping, or nursing service to appropriately trained personnel. Proper sanitary and personal hygiene procedures shall be followed as outlined under the rules pertaining to staff hygienein compliance with the Food and Drug Administration Food Code adopted pursuant to Iowa Code section 137F.2 and 481—Chapter 31. (II, III) f. If the dietetic service supervisor is not a licensed dietitian, a consultant dietitian is required. The consultant dietitian shall be licensed by the state of Iowa pursuant to Iowa Code chapter 152A. g. Consultants’ visits shall be scheduled to be of sufficient duration and at a time convenient to: (1) Record, in the resident’s medical record, any observations, assessments and information pertinent to medical nutrition therapy; (I, II, III) (2) Work with residents and staff on resident care plans; (III) (3) Consult with the administrator and others on developing and implementing policies and procedures; (III) (4) Write or approve general and therapeutic menus; (III) (5) Work with the dietetic supervisor on developing procedures, recipes and other management tools; (III) (6) Present planned in-service training and staff development for food service employees and others. Documentation of consultation shall be available for review in the facility by the department. (III) h. In facilities licensed for more than 15 beds, dietetic services shall be available for a minimum of a 12-hour span extending from the time of preparation of breakfast through supper. (III) .(3) Nutrition and menu planning. a. Menus shall be planned and followed to meet the nutritional needs of each resident in accordance with the physician’sa qualified health care practitioner’s orders and in consideration of the resident’sallergies, intolerances, choices, and preferences. (II, III) b. Menus shall be planned to provide 100 percent of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences. A current copy of the Simplified Diet Manual or other suitable diet manual shall be available and used in the planning and serving of all meals. (II) c. At least three meals or their equivalent shall be served daily at regular hours. (II) (1) There shall be no more than a 14-hour span between a substantial evening meal and breakfast except as provided in subparagraph (3) below. (II, III) (2) The facility shall offer snacks at bedtime daily.Suitable, nourishing alternative meals and snacks must be provided to residents who want to eat at nontraditional times or outside of scheduled meal service times, consistent with the resident plan of care and 42 CFR 483.60(f) and federal interpretive guidelines. (II, III) (3) When a nourishing snack is provided at bedtime, up to 16 hours may elapse between a substantial evening meal and breakfast of the following day. The current resident group must agree to this meal span and a nourishing snack must be served. (II) d. Menus shall include a variety of foods prepared in various ways. (III) e. Menus shall be written at least one week in advance. The current menu shall be located in an accessible place in the dietetic services department for easy use by persons purchasing, preparing and serving food. (III) f. Records of menus as served shall be filed and maintained for 30 days and shall be available for review by department personnel. When substitutions are necessary, they shall be of similar nutritive value and recorded. (III) g. A file of tested recipes adjusted to the number of people to be served in the facility shall be maintained. (III) h. Alternate foodsof similar nutritional value shall be offered to residents who refuse the food served. (II, III) .(4) Therapeutic diets and nutritional status. a. The facility shall ensure that each resident has a nutritional assessment completed by the licensed dietitian within 14 days of admissionor after the facility determines there has been a significant change in the resident’s physical or mental condition that addresses the residents’ medical condition and therapeutic dietary needs, desires and rights in regard to their nutritional plan. (I, II, III) b. Therapeutic diets shall be prescribed by the resident’s physicianor other qualified health care practitioner. A current edition of the Simplified Diet Manual or other suitable diet manual shall be readily available to physicians, nurses and dietetic services personnel. A current diet manual shall be used as a guide for writing menus for therapeutic diets. A licensed dietitian shall be responsible for writing and approving the therapeutic menu and reviewing procedures for preparation and service of food. (II, III) c. Personnel responsible for planning, preparing and serving therapeutic diets shall receive instructions on those diets. (II, III) d. The facility shall ensure that each resident maintains acceptable parameters of nutritional status, such as body weight, unless the resident’s clinical condition demonstrates that this is not possible. (I, II, III) ITEM 29. Amend subrule 58.26(2) as follows: 58.26(2) Coordination of activities program. a. Each nursing facility shall employ a person to direct the activities program. (III) 11Objection filed 2/14/79; see Objection at end of chapter.b. Staffing for the activity program shall be provided on the minimum basis of 35 minutes per licensed bed per weeksufficient to meet the residents’ activity needs. (II, III) c. The activity coordinator shall have completed the activity coordinators’ orientation course offered through the department within six months of employment or have comparable training and experience as approved by the department. (III) d. c. The activity coordinator shall attend workshops or educational programs which relate to activity programming. These shall total a minimum of ten contact hours per year. These programs shall be approved by the department. (III) e. d. There shall be a written plan for personnel coverage when the activity coordinator is absent during scheduled working hours. (III) ITEM 30. Rescind and reserve rule 481—58.27(135C). ITEM 31. Amend paragraph 58.35(1)"b" as follows: b. Battery-operated, portablePortable emergency lights in good working condition shall be available at all times, at a ratio of one light per one employee on duty from 6 p.m. to 6 a.m. (III) ITEM 32. Amend subrule 58.35(5) as follows: 58.35(5) Heating. A centralized heating system capable of maintaining a minimum temperature of 78°F (26°C) shall be provided. Portable units or space heaters are prohibited from being used in the facility exceptas permitted in the governing Life Safety Code or in an emergency.In the event of emergency use, the facility shall provide notice to the state fire marshal’s office within 24 hours. (III) ITEM 33. Amend paragraph 58.38(3)"b" as follows: b. There shall be disposable or one-time use items available with provisions for proper disposal to prevent reuse except as allowed by 58.10(8)“h,” 481—paragraph 59.12(10)“h,” or 481—paragraph 64.12(14)“h.”generally accepted infection control standards. (I, II, III) ITEM 34. Amend paragraph 58.38(3)"f" as follows: f. Supplies and equipment for nursing and personal care sufficient in quantities to meet the needs of the residents shall be provided and, as a minimum, include the following:. (III)Bath basinsRectal tubesSoap containersCatheters and catheterization equipmentDenture cupsDouche nozzleEmesis basinsOxygen therapy equipmentMouthwash cupsNaso-gastric feeding equipmentBedpansWheelchairsUrinalsMoisture-proof draw sheetsEnema equipmentMoisture-proof pillow coversCommodesMoisture-proof mattress coversQuart graduate measureFoot tubsThermometer for measurement of bathMetal pitcher water temperatureDisinfectant solutionsOral thermometerAlcoholRectal thermometerLubricating jellyBasins for sterilizing thermometersSkin lotionBasins for irrigationsApplicatorsAsepto syringesTongue bladesSphygmomanometerToilet paperPaper towelsRubber gloves or disposable glovesPaper handkerchiefsScales for nonambulatory patientsInsulin syringesTourniquet2 cc hypodermic syringesSuction machineWeight scalesMedicine dispensing containersHypodermic needlesBandagesStethoscopeAdhesiveIce capsPortable linen hampersHot water bottlesDenture identification equipmentTracheotomy care equipment ITEM 35. Amend subrule 58.39(2) as follows: 58.39(2) Policies and procedures shall address the admission and retention of persons with histories of dangerous or disturbing behavior. For the purposes of the subrule, persons with histories of dangerous or disturbing behavior are those persons who have been found to be seriously mentally impaired pursuant to Iowa Code section 229.13or 812.1 within six months of the request for admission to the facility. In addition to establishing the criteria for admission and retention of persons so defined, the policies and procedures shall provide for: a. Reasonable precautions to prevent the resident from harming self, other residents, or employees of the facility. b. Treatment of persons with mental illness as defined in Iowa Code section 229.1(1) and which is provided in accordance with the individualized health care plan. c. Ongoing and documented staff training on individualized health care planning for persons with mental illness. ITEM 36. Amend paragraphs 58.39(9)"d" and 58.39(9)"e" as follows: d. The resident’s plan of care shall be based, in part, on the physician’s orders. It shall be developed upon admission by appropriate facility staff and shall include participation by the resident if capable. Residents shall be advised of alternative courses of care and treatment and their consequences when such alternatives are available. The resident’s preference about alternatives shall be elicited and honored if feasible. e. Any clinical investigation involving residents must be under the sponsorship of an institution with a human subjects review board functioning in accordance with the requirements of Public Law 93-348, as implemented by Part 46 of Title 45 of the Code of Federal Regulations, as amended to December 1, 1981 (45 CFR 46). A resident being considered for participation in experimental research must be fully informed of the nature of the experiment, e.g., medication, treatment, and understand the possible consequences of participating or not participating. The resident’s (or responsible party’s) written informed consent must be received prior to participation. (II) ITEM 37. Amend subparagraph 58.40(5)"a" as follows: (3) A statement, in not less than 12-point type, that reads as follows: (II)You have a right to appeal the facility’s decision to transfer or discharge you. If you think you should not have to leave this facility, you may request a hearing, in writing or verbally, with the Iowa department of inspections and appeals (hereinafter referred to as “department”) within 7 days after receiving this notice. You have a right to be represented at the hearing by an attorney or any other individual of your choice. If you request a hearing, it will be held no later than 14 days after the department’s receipt of your request and you will not be transferred before a final decision is rendered. Extension of the 14-day requirement may be permitted in emergency circumstances upon request to the department’s designee. If you lose the hearing, you will not be transferred before the expiration of either (1) 30 days following your receipt of the original notice of the discharge or transfer, or (2) 5 days following final decision of such hearing, including the exhaustion of all appeals, whichever occurs later. To request a hearing or receive further information, call the department at (515)281-4115, or write to the department to the attention of: Administrator, Division of Health Facilities, Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319-0083. (II) ITEM 38. Amend subparagraph 58.40(6)"a" as follows: (3) A statement, in not less than 12-point type, that reads as follows: (II)You have a right to appeal the facility’s decision to transfer or discharge you on an emergency basis. If you think you should not have to leave this facility, you may request a hearing, in writing or verbally, with the Iowa department of inspections and appeals (hereinafter referred to as “department”) within 7 days after receiving this notice. You have a right to be represented at the hearing by an attorney or any other individual of your choice. If you request a hearing, it will be held no later than 14 days after the department’s receipt of your request. You may be transferred or discharged before the hearing is held or before a final decision is rendered. If you win the hearing, you have the right to be transferred back into the facility. To request a hearing or receive further information, call the department at (515)281-4115, or write to the department to the attention of: Administrator, Division of Health Facilities, Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319-0083. (II) ITEM 39. Amend subrule 58.40(11) as follows: 58.40(11) Transfer upon revocation of license or voluntary closure. Residents shall not have the right to a hearing to contest an involuntary discharge or transfer resulting from the revocation of the facility’s license by the department of inspections and appeals. In the case of the voluntary closure of a facility, a period of 3060 days must be allowed for an orderly transfer of residents to other facilities. ITEM 40. Rescind paragraph 58.43(7)"j". ITEM 41. Reletter paragraphs 58.43(7)"k" to 58.43(7)"m" as 58.43(7)"j" to 58.43(7)"l". ITEM 42. Amend subrule 58.44(3) as follows: 58.44(3) The resident, or the resident’s responsible party, shall be entitled to examine all information contained in the resident’s record and shall have the right to secure full copies of the record at reasonable cost upon request, unless the physician determines the disclosure of the record or section thereof is contraindicated in which case this information will be deleted prior to making the record available to the resident or responsible party. This determination and the reasons for it must be documented in the resident’s record. (II) ITEM 43. Amend rule 481—58.46(135C) as follows:481—58.46(135C) Resident work. No resident may be required to perform services for the facility, except as provided by Iowa Code sections 35D.14 and 347B.5.Residents may perform services for the facility if such services are performed in accordance with 42 CFR 483.10(f)(9). (II) 58.46(1) Residents may not be used to provide a source of labor for the facility against their will. Physician’s approval is required for all work programs. (I, II) 58.46(2) If the plan of care requires activities for therapeutic or training reasons, the plan for these activities shall be professionally developed and implemented. Therapeutic or training goals must be clearly stated and measurable and the plan shall be time limited and reviewed at least quarterly. (II) 58.46(3) Residents who perform work for the facility must receive remuneration unless the work is part of their approved training program. Persons on the resident census performing work shall not be used to replace paid employees in fulfilling staffing requirements. (II) ITEM 44. Amend rule 481—58.47(135C) as follows:481—58.47(135C) Communications. Each resident may communicate, associate, and meet privately with persons of the resident’s choice, unless to do so would infringe upon the rights of other residents, and may send and receive personal mail unopened. (II) 58.47(1) Subject to reasonable scheduling restrictions, visiting policies and procedures shall permit residents to receive visits from anyone they wish. Visiting hours shall be posted. (II) 58.(2) 58.47(1) Reasonable, regular visiting hours shall not be less than 12 hours per day and shall take into consideration the special circumstances of each visitor. A particular visitor(s) may be restricted by the facility for one of the following reasons:Residents shall be permitted to receive visitors in accordance with 42 CFR 483.10(f)(4) and the federal interpretive guidelines. A particular visitor may be restricted by the facility if the visitor’s behavior is unreasonably disruptive to the functioning of the facility (this judgment must be made by the administrator and the reasons shall be documented and kept on file). (II) a. The resident refuses to see the visitor(s). (II) b. The resident’s physician documents specific reasons why such a visit would be harmful to the resident’s health. (II) c. The visitor’s behavior is unreasonably disruptive to the functioning of the facility (this judgment must be made by the administrator and the reasons shall be documented and kept on file). (II) 58.(3) 58.47(2) Decisions to restrict a visitor are reviewed and reevaluated: each time the medical orders are reviewed by the physician;, at least quarterly by the facility’s staff;, or at the resident’s request. (II) 58.(4) 58.47(3) Space shall be provided for residents to receive visitors in reasonable comfort and privacy. (II) 58.(5) 58.47(4) Telephones consistent with ANSI standards (405.1134(c)) shall be available and accessible for residents to make and receive calls with privacyin accordance with 42 CFR 483.10(g)(6) and (7). Residents who need help shall be assisted in using the telephone. (II) 58.(6) 58.47(5) Arrangements shall be made to provide assistance to residents who require help in reading or sending mail. (II) 58.(7) 58.47(6) Residents shall be permitted to leave the facility and environs at reasonable times unless there are justifiable reasons established in writing by the attending physician, qualified intellectual disabilities professional or facility administrator for refusing permission. (II) 58.(8) 58.47(7) Residents shall not have their personal lives regulated beyond reasonable adherence to meal schedules, bedtime hours, and other written policies which may be necessary for the orderly management of the facility and as required by these rules. However, residents shall be encouraged to participate in recreational programs. (II) ITEM 45. Rescind subrule 58.49(2). ITEM 46. Renumber subrules 58.49(3) to 58.49(5) as 58.49(2) to 58.49(4). ITEM 47. Amend subrules 58.50(2) and 58.50(3) as follows: 58 58.50 50(2) Spouses who are residents in the same facility shall be permitted to share a room, if available, unless one of their attending physicians documents in the medical record those specific reasons why an arrangement would have an adverse effect on the health of the resident. (II) 58 58.50 50(3) Family members shall be permitted to share a room, if available, if requested by both parties, unless one of their attending physicians documents in the medical record those specific reasons why such an agreement would have an adverse effect on the health of the resident. (II) ITEM 48. Amend rule 481—58.51(135C) as follows:481—58.51(135C) Choice of physician and pharmacy. Each resident shall be permitted free choice of a physician and a pharmacy, if accessible. TheEach resident shall have the right to choose the resident’s Medicare prescription drug benefit plan (Part D) pursuant to Section 1860D of the Social Security Act, and the facility shall utilize a pharmacy(ies) that recognizes the Part D plans chosen by that facility’s Medicare beneficiaries. Each resident shall have free choice of pharmacy as to medications purchased by the resident outside of Part D plan coverage, although the facility may require the pharmacy selected to utilize a drug distribution system compatible with the system currently used by the facility.A facility shall not require the repackaging of medications dispensed by the Veterans Administration or an institution operated by the Veterans Administration for the purpose of making the drug distribution system compatible with the system used by the facility. (II) ITEM 49. Rescind and reserve rule 481—58.53(135C). ITEM 50. Amend rule 481—58.54(73GA,ch 1016), parenthetical implementation statute, as follows:481—58.54(73GA,ch 1016135C) Special unit or facility dedicated to the care of persons with chronic confusion or a dementing illness (CCDI unit or facility). ITEM 51. Amend subrule 58.54(1) as follows: 58.54(1) A nursing facility which chooses to care for residents in a distinct part shall obtain a license for a CCDI unit or facility. In the case of a distinct part, this license will be in addition to its ICFnursing facility license. The license shall state the number of beds in the unit or facility. (III) a. Application for this category of care shall be submitted on a form provided by the department. (III) b. Plans to modify the physical environment shall be submitted to the department. The plans shall be reviewed based on the requirements of 481—Chapter 61. (III) ITEM 52. Rescind the implementation sentence in rule 481—58.54(73GA,ch 1016). ITEM 53. Amend subrule 58.56(1) as follows: 58.56(1) A nursing facility certified as a Medicaid nursing facility or Medicare skilled nursing facility must meet all Medicaid and Medicare requirements including42 CFR 483.12483.15, admission, transfer and discharge rights. ITEM 54. Amend 481—Chapter 58, implementation sentence, as follows: These rules are intended to implement Iowa Code sections 10A.202,10A.402, 135C.6(1), 135C.14, 135C.25,135C.32, 135C.36 and 227.4and 1990 Iowa Acts, chapter 1016. [Filed 5/10/23, effective 7/5/23][Published 5/31/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/31/23.ARC 7036CInspections and Appeals Department[481]Adopted and FiledRule making related to minimum physical standards for residential care facilities
The Inspections and Appeals Department hereby rescinds Chapter 60, “Minimum Physical Standards for Residential Care Facilities,” Iowa Administrative Code, and adopts a new Chapter 60 with the same title.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 10A.104 and 135C.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 10A.104, 17A.7 and 135C.2.Purpose and Summary The Department completed a comprehensive review of Chapter 60 in accordance with the requirement in Iowa Code section 17A.7(2). This rule making rescinds and adopts a new Chapter 60, which incorporates by reference generally accepted design and construction standards for the construction and renovation of health care facilities. The Department requested the assistance of the Building Code Bureau of the State Fire Marshal’s Office to review the rules pertaining to minimum physical standards for residential care facilities. During the review process, the Building Code Bureau compared the provisions of existing Chapter 60 against other applicable building codes and standards and determined that many of the provisions of the current chapter were outdated, unenforceable, or irrelevant. The new Chapter 60 aligns more closely with the requirements for other health care facilities licensed pursuant to Iowa Code chapter 135C and incorporates the following pertinent standards from the following chapters:
- An administration office.
- An area containing storage for office equipment and supplies. This area shall be secure and contain work space for charting and record storage and may contain medication storage.
- A lounge shall be provided for staff. Toilet rooms with sink and toilet shall be provided for staff.
- Closets or compartments for the safekeeping of coats and personal effects of staff.
Rule making related to boarding homes
The Inspections and Appeals Department hereby amends Chapter 66, “Boarding Homes,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 10A.104 and 135O.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 10A.104, 17A.7(2) and 135O.2.Purpose and Summary The Department completed a comprehensive review of Chapter 66 in accordance with the requirement in Iowa Code section 17A.7(2). This rule making clarifies current practices, updates citations, and removes unnecessary text.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 22, 2023, as ARC 6909C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was reviewed and approved by the State Board of Health at its May 10, 2023, meeting. This rule making was adopted by the Department on May 10, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on July 5, 2023. The following rule-making action is adopted:
ITEM 1. Amend rule 481—66.1(83GA,SF484), parenthetical implementation statute, as follows:481—66.1(83GA,SF484135O) Definitions. ITEM 2. Adopt the following new definition of “Assistance with activities of daily living” in rule 481—66.1(83GA,SF484): "Assistance with activities of daily living" does not mean routine, total dependence on staff for the performance of activities of daily living or nursing care. ITEM 3. Amend rule 481—66.1(83GA,SF484), definition of “Probable cause,” as follows: "Probable cause" means a reasonable suspicion to believe that a boarding home is in violation of 2009 Iowa Acts, Senate File 484, sections 3 to 6 [Iowa Code chapter 135O],Iowa Code chapter 135O or licensing or other regulatory requirements of the department of human services, department of inspections and appeals, or department of public health; or that dependent adult abuse of any individual living in the boarding home has occurred or is occurring. ITEM 4. Amend rule 481—66.2(83GA,SF484) as follows:481—66.2(83GA,SF484135O) Registration of boarding homes. 66.2(1) A boarding home shall file a statement ofcomplete and submit to the department the boarding home registration with the departmentform located on the department’s website within 60 days of commencing operations. a. Boarding homes in operation on January 1, 2010, or after shall register with the department within 60 days of commencing operations. b. Boarding homes in operation prior to January 1, 2010, shall register with the department no later than March 1, 2010. 66.2(2) The statement of registrationform may be submitted electronically via an Internet-based systemthe department’s website; by mail to the Department of Inspections and Appeals, Health Facilities Division, Lucas State Office Building, Third Floor, 321 E. 12th Street, Des Moines, Iowa 50319-0083; or by fax to (515)242-5022. 66.2(3) The registrant shall include, at a minimum, the following information on the statement of registration: a. Name(s) of the owner, lessee, and manager, as applicable; b. Number of rooms available for rent and maximum number of tenants for the entire boarding home; c. Location of the boarding home, including street address, city, and ZIP code; d. Contact information for the owner, lessee, and manager, including telephone number, mailing address, and E-mailemail address; e. Occupant loads as calculated in accordance with the building and fire codes as adopted by the applicable jurisdictions; f. Whether the building is equipped with a fire sprinkler system; g. Whether the building is equipped with a centralized kitchen in which meals are prepared; and h. Name of the responsible party. The department will send all notices regarding the boarding home to the responsible party. 66.2(4) Failure to file a statement of registration in a timely manner may result in a penalty of no more than $500. 66.2(5) The boarding home shall notify the department of any changes to the information on the initial statement of registration within 30 days of when the change occurs, including cessation of operation. Changes shall be submitted in the manner described in subrule 66.2(2). ITEM 5. Amend rule 481—66.3(83GA,SF484) as follows:481—66.3(83GA,SF484135O) Occupancy reports. See rule 481—66.1(83GA,SF484) for the definition of “known.” 66.3(1) Each boarding home shall file an occupancy report annuallyupdate its boarding home registration form with the departmentannually between January 1 and January 31 in the same manner as provided in subrule 66.2(2). a. For new boarding home registrations, an occupancy report shall be filed along with the initial statement of registration. The occupancy report that accompanies the initial statement of registration shall provide information as of the last day of the preceding month. b. After the initial registration, registrants shall submit a completed occupancy report by January 31 of each year with information current as of December 31 of the preceding year. 66.3(2) The occupancy report may be submitted electronically via an Internet-based system; by mail to the Department of Inspections and Appeals, Health Facilities Division, Lucas State Office Building, Third Floor, 321 E. 12th Street, Des Moines, Iowa 50319-0083; or by fax to (515)242-5022. 66.(3) 66.3(2) The owner or lessee shall include, at a minimum, the following information on the occupancy report. If the owner or lessee is unable to answer the question because the owner or lessee does not have such information, the owner or lessee shall indicate such on the report. a. Current number of rooms occupied; b. Current number of tenants residing in the boarding home; c. If applicable, date of last fire inspection and any deficiencies noted and how such deficiencies have been corrected; d. If known, the number of tenants receiving Medicaid; e. If known, the number of tenants receiving food assistance benefits (EBT cards); f. If known, the number of tenants receiving other types of state assistance and the types of state assistance received; g. Types of services provided or arranged by the owner, lessee, manager or an affiliated person or entity; frequency of services by type; and the name and contact information of the person or entity providing or arranging such services; h. Any assistance or supervision provided to tenants by the owner, lessee or manager; i. Method of rent payments, such as cash, check, or state assistance; and j. If known, the number of tenants with a power of attorney, guardian or conservator. ITEM 6. Amend rule 481—66.4(83GA,SF484) as follows:481—66.4(83GA,SF484135O) Complaintsand investigations. 66.4(1) Complaints. a. The process for filing a complaint is as follows: (1) Any person with a concern regarding the operation of a boarding home may file a complaint with the Department of Inspections and Appeals, Complaint/Incident Bureau, Lucas State Office Building, Third Floor, 321 E. 12th Street, Des Moines, Iowa 50319-0083, or bydepartment in writing, by use of the complaint hotline, telephoneat 1-877-686-0027or through the department’s website at dia.iowa.gov. The Web site address is https://dia-hfd.iowa.gov/DIA_HFD/Home.do. (2) When the nature of the complaint is outside the department’s authority, the department shall forward the complaint to the appropriate investigatory entity. (3) If other state agencies receive a complaint that relates to boarding homes, the agencies shall forward the complaint to the department. b. The department shall act on anonymous complaints unless the department determines that the complaint is intended to harass the boarding home or is without a reasonable basis. If the department, upon preliminary review, determines that the complaint is intended to harass or is without a reasonable basis, the department may dismiss the complaint. 66.4(2) Content of complaint reports. The complaint shall include as much of the following information as possible: the complainant’s name, address and telephone number; the complainant’s relationship to the boarding home and tenant; and the reason for the complaint. The complainant’s nameand identifying information shall be confidential information and shall not be released by the department. 66.4(3) Time framesInitiation of investigations and time frames for investigation of complaints. Upon receipt of a complaint made in accordance with this rule, the department shall make a preliminary review of the complaint to determine if probable cause exists to investigate the complaint. If probable cause exists, anInvestigations may be initiated because of a complaint or other information received by the department. If the department determines there is probable cause to believe that a boarding home is an unregistered boarding home or that a registered boarding home is not in compliance with applicable law, an investigation shall be initiated. The department shall evaluate whether other local, state, or federal agencies, including law enforcement, should be provided a referral or included in the investigation. An investigation of the boarding home shall be initiated, as provided in rule 481—66.5(83GA,SF484), within 45 working days. If there is the likelihood of immediate danger, the department shall initiate an investigation of the boarding home within 2two working days of receipt of the complaint. If there is an allegation of harm, the department shall initiate an investigation of the boarding home within 20 working days of receipt of the complaint. 66.4(4) Submission of all complaints to core multidisciplinary team. A copy of all complaints and the department’s initial determination whether to investigate the complaint shall be sent to the core multidisciplinary agencies: the department of human services, the state fire marshal of the department of public safety, and the department of justice. If the department has determined not to initiate an investigation, the members of the core multidisciplinary team may recommend the initiation of, and the department shall initiate, an investigation. 66.(5) 66.4(4) Standard for determining whether a complaint is substantiated. The department shall apply a preponderance of the evidence standard in determining whether a complaint is substantiated. 66.(6) 66.4(5) Notification of the boarding home or alleged boarding home of results of investigation. The department shall notify the boarding home or alleged boarding home, in writing, of the final report of the complaint investigation. 66.(7) 66.4(6) Notification of the complainant of results of investigation. The complainant, if known, shall be notified of the final findings of a complaint investigation. The complainant, if known, shall also be notified if the department determines not to investigate a complaint and shall receive an explanation of the department’s decision. ITEM 7. Rescind and reserve rule 481—66.5(83GA,SF484). ITEM 8. Amend rule 481—66.6(83GA,SF484) as follows:481—66.6(83GA,SF484135O) Penalties. The director shall consider the following when determining whether to assess a penalty for violation of 2009 Iowa Acts, Senate File 484, sections 3 to 6 [Iowa Code chapter 135O],Iowa Code chapter 135O or rules adopted pursuant to 2009 Iowa Acts, Senate File 484, sections 3 to 6 [Iowa Code chapter 135O]thereunder, and when determining the amount of the penalty:- The duration of the noncompliance;
- The nature of the noncompliance;
- The response of the owner or lessee upon notification of noncompliance;
- The number of tenants affected; and
- The impact to the tenants.
Rule making related to disaster recovery housing assistance
The Iowa Finance Authority hereby rescinds Chapter 29, “Jump-Start Housing Assistance Program,” and adopts a new Chapter 29, “Disaster Recovery Housing Assistance,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 16.5 and 16.57D.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 16.57B and 16.57C as enacted by 2021 Iowa Acts, Senate File 619.Purpose and Summary The purpose of this rule making is to implement 2021 Iowa Acts, Senate File 619, division XVI, which created a standing vehicle for distributing disaster recovery housing assistance to eligible homeowners in the form of forgivable loans and to eligible renters in the form of grants. The rules describe the operation of the program, define eligible homeowners and eligible renters, describe eligible uses of funds, set the maximum forgivable loan and grant amounts that may be awarded, set the terms of forgivable loans and grants, and allow the Authority to request information as needed to provide reports. The legislation also established an Eviction Prevention Program. This program allows the Authority to award grants to keep eligible renters in their current residences and to eviction prevention partners to pay for rent or housing stability services for the purpose of preventing the eviction of eligible renters. The rules set the income qualifications for eligible renters in the program, describe the eligible uses of funds, and describe the terms on which grants may be awarded. Both the Disaster Recovery Housing Assistance Program and the Eviction Prevention Program must be activated by a state of disaster emergency proclamation. Chapter 29 was reviewed as part of the Authority’s five-year rules review. In 2008, the Legislature appropriated funds to assist Iowans in need of housing after natural disasters in the state. Chapter 29 was created to oversee that funding and describe the operation of the program. The Authority has determined that it is appropriate to rescind and replace the chapter because there are no outstanding obligations from this program.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 11, 2023, as ARC 6820C. The Authority received several comments from Habitat for Humanity of Iowa (Habitat). The comments and the Authority’s responses are summarized below. First, Habitat requested that the Authority make contract sale agreements eligible for funding under the program. In accordance with the statute, the rules describe eligible homeowners and eligible uses of funds. The Authority determined that it is not necessary to further describe eligibility. Additionally, subparagraph 29.4(1)“b”(2) establishes the method for calculating the amount of down payment assistance to be awarded to an eligible homeowner and states that eligible homeowners who have purchased their home under a real estate purchase contract may apply for a forgivable loan. Second, Habitat asked the Authority to revise paragraphs 29.3(1)“c” and “d” by adding the phrase “at the time of application and funding” to the beginning of each paragraph. Habitat commented that, as presented in the Notice, those requirements would take too long to be determined and that families need help sooner. The cited paragraphs do not preclude the Authority from providing down payment assistance for replacement housing as soon as possible following a disaster. The Authority can conduct a duplication of benefits determination later, at the time any buyout is complete. Subparagraph 29.4(1)“b”(3) also provides for the repayment of any subsequent disaster compensation received by a homeowner. Third, Habitat commented that a disaster-affected home should be the primary residence of an eligible homeowner. This requirement was published in the Notice and found in the definition of “disaster-affected home” in rule 265—29.1(16). Fourth, Habitat noted that after a disaster, it is very difficult to purchase a replacement house in a timely manner and most families will want to remain in their same community. Habitat requested that the Authority add a third eligible use of funds for homeowners. The suggested use was to award grants for rental assistance so that homeowners can obtain rental housing in their community. In response, the Authority notes that Iowa Code section 16.57B specifically outlines the eligible uses of funds. It would be outside the scope of the Authority’s rule-making authority to add an eligible use of funds not specifically identified in the statute. One change from the Notice has been made to remove a reference to 2021 Iowa Acts, chapter 177, division XVI, since the legislation has been codified in the Iowa Code.Adoption of Rule Making This rule making was adopted by the Authority on May 3, 2023.Fiscal Impact The legislation did not appropriate any funds to the programs. The fiscal impact of the rule making can only be determined based on the occurrence of a future natural disaster. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 265—Chapter 18.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on July 5, 2023. The following rule-making action is adopted:
ITEM 1. Rescind 265—Chapter 29 and adopt the following new chapter in lieu thereof: CHAPTER 29DISASTER RECOVERY HOUSING ASSISTANCE265—29.1(16) Definitions. For purposes of this chapter, unless the context otherwise requires: "Authority" means the Iowa finance authority created in Iowa Code section 16.1A. "Council of governments" "COG" means an Iowa council of governments as defined by Iowa Code chapter 28H. "Disaster-affected home" means a primary residence that is destroyed or damaged due to a natural disaster that occurs on or after June 16, 2021, and that is located in a county that is the subject of a state of disaster emergency proclamation by the governor that authorizes disaster recovery housing assistance. "Fund" means the disaster recovery housing assistance fund. "Local program administrator" means the same as defined in subrule 29.2(1). "Program" means the disaster recovery housing assistance program, except for where the term “program” is used in rule 265—29.8(16). "Replacement housing" means housing purchased by a homeowner or leased by a renter needed to replace a disaster-affected home that is destroyed or damaged beyond reasonable repair as determined by a local program administrator. "Retention agreement" means an agreement as described in subrule 29.5(6). "Retention period" means a period of time during which a retention agreement will remain in place. The retention period will begin on the date of a loan closing or the date repairs are completed and will end five years after the beginning of the retention period. "State of disaster emergency" means the same as described in Iowa Code section 29C.6(1).265—29.2(16) Operation of program with local program administrators. 29.2(1) Local program administrators. For purposes of this chapter, “local program administrator” means any of the following: a. The cities of Ames, Cedar Falls, Cedar Rapids, Council Bluffs, Davenport, Des Moines, Dubuque, Iowa City, Waterloo, and West Des Moines. b. A council of governments whose territory includes at least one county that is the subject of a state of disaster emergency proclamation by the governor that authorizes disaster recovery housing assistance or the eviction prevention program under Iowa Code section 16.57C on or after June 16, 2021. c. A community action agency as defined in Iowa Code section 216A.91 whose territory includes at least one county that is the subject of a state of disaster emergency proclamation by the governor that authorizes disaster recovery housing assistance or the eviction prevention program under Iowa Code section 16.57C on or after June 16, 2021. d. A qualified local organization, organized as a nonprofit in the state of Iowa, or a governmental entity that provides housing stability services. Housing stability services may include: (1) Housing counseling; (2) Legal services related to eviction proceedings and maintaining housing stability; and (3) Housing navigation services. 29.2(2) Agreements with local government administrators. The authority will enter into agreements with local program administrators working in disaster-affected counties for the purpose of reviewing applications for disaster recovery housing assistance and determining whether applicants are eligible for assistance under the program. 29.2(3) Review of requests for assistance. To be considered for a forgivable loan or grant under the program, a homeowner or renter must register for the disaster case management program established pursuant to Iowa Code section 29C.20B. The disaster case manager may refer the homeowner or renter to the appropriate local program administrator. If referred by disaster case managers, homeowners and renters will submit applications to local program administrators in the manner prescribed by the authority. Local program administrators shall accept and review each application. The authority may award a forgivable loan or grant after a local program administrator has determined the following: a. Whether the applicant is eligible for assistance. b. Whether the requested funds are being requested for a use permitted under the program. c. The amount of financial assistance to be awarded to the homeowner or renter. 29.2(4) Administrative fees. The authority shall not use more than 5 percent of the moneys in the fund on July 1 of a fiscal year for purposes of administrative costs and other program support during the fiscal year. The authority may share a portion of the funds reserved for its administrative costs with local program administrators to reimburse their administrative costs. 29.2(5) Proceeds of repayments. All loan amounts repaid to the authority by an eligible homeowner pursuant to this chapter shall be returned to the disaster recovery housing assistance fund created in Iowa Code section 16.57B.265—29.3(16) Eligibility. 29.3(1) Eligible homeowners. To be eligible for a forgivable loan under the program, all of the following requirements shall apply: a. The homeowner’s disaster-affected home must have sustained damage greater than the damage that is covered by the homeowner’s property and casualty insurance policy insuring the home plus any other state or federal disaster-related financial assistance that the homeowner is eligible to receive. b. A local official must either deem the disaster-affected home suitable for rehabilitation or damaged beyond reasonable repair. c. The disaster-affected home is not eligible for buyout by the county or city where the disaster-affected home is located, or the disaster-affected home is eligible for a buyout by the county or city where the disaster-affected home is located but the homeowner is requesting a forgivable loan for the repair or rehabilitation of the homeowner’s disaster-affected home in lieu of a buyout. d. Assistance under the program must not duplicate benefits provided by any local, state, or federal disaster recovery assistance program. e. A homeowner must be referred to the authority or to a local program administrator to be considered for a financial assistance award. 29.3(2) Eligible renters. To be eligible for a grant under the program, all of the following requirements shall apply: a. A local program administrator either deems the disaster-affected home of the renter suitable for rehabilitation but unsuitable for current short-term habitation, or the disaster-affected home is damaged beyond reasonable repair. b. Assistance under the program must not duplicate benefits provided by any local, state, or federal disaster recovery assistance program. c. A renter must be referred to the authority or to a local program administrator to be considered for a financial assistance award. d. A renter must be a party to a written lease. e. The landlord must not reside at the same address as the eligible renter. 29.3(3) Registration required. To be considered for a forgivable loan or grant under the program, a homeowner or renter must register for the disaster case management program established pursuant to Iowa Code section 29C.20B. The disaster case manager may refer the homeowner or renter to the appropriate local program administrator.265—29.4(16) Eligible uses of funds. 29.4(1) Forgivable loans. The authority may award a forgivable loan to an eligible homeowner for any of the following purposes: a. Repair or rehabilitation of the disaster-affected home. b. Down payment assistance on the purchase of replacement housing, and the cost of reasonable repairs to be performed on the replacement housing to render the replacement housing decent, safe, sanitary, and in good repair. For purposes of this paragraph, “decent, safe, sanitary, and in good repair” means the same as described in 24 CFR §5.703. The amount of down payment assistance that may be awarded to an eligible homeowner must not exceed 25 percent of the purchase price of the home being purchased plus any amount allowed for repairs, or $50,000, whichever is less. (1) Replacement housing shall not be located in a 100-year floodplain. (2) For purposes of calculating the amount of down payment assistance available to the eligible homeowner, the amount of the down payment assistance will be reduced by the amount of any disaster compensation received by the eligible homeowner in excess of any amount necessary to pay off a mortgage or real estate purchase contract on the disaster-affected home. (3) As a condition of receiving down payment assistance, the eligible homeowner must agree that any disaster compensation received subsequent to the closing of the forgivable loan, if not applied toward repayment of a mortgage on the disaster-affected home, shall be used by the eligible homeowner to pay down the balance of the forgivable loan outstanding at the time the eligible homeowner receives such disaster compensation. (4) An eligible homeowner shall not use the assistance allowed under this paragraph for the purchase of more than one home. (5) Replacement housing must be used as the eligible homeowner’s primary residence. 29.4(2) Grants. The authority may award a grant to an eligible renter to provide short-term financial assistance for the payment of rent for replacement housing, pursuant to the limitations set forth in subrule 29.6(1).265—29.5(16) Loan terms. Loans made under the program shall, at a minimum, contain the following terms: 29.5(1) Five-year term. The duration of the loan will be for a term of five years. 29.5(2) Amount. The maximum amount of a loan made under this program shall be $50,000. 29.5(3) Interest. Loans made pursuant to the program shall bear no interest. 29.5(4) Forgivability. Loans made pursuant to the program will be forgiven and the principal amount of the loan reduced by one-sixtieth of the initial loan amount for each full month of the retention period in which the homeowner is not in default pursuant to the loan agreement, beginning on the date of the final disbursement of forgivable loan proceeds. 29.5(5) Repayment due upon sale of home. If a homeowner who has been awarded a forgivable loan sells a disaster-affected home or replacement housing for which the homeowner received the forgivable loan prior to the end of the loan term, the remaining principal on the forgivable loan shall be due and payable upon the sale of the home. 29.5(6) Retention agreement. Each loan made pursuant to this program shall be secured by a retention agreement that shall constitute a lien on the title of the real property for which the forgivable loan is made until such time as the forgivable loan has either been fully forgiven or paid in full. However, if an eligible homeowner receives a buyout of the disaster-affected home from the hazard mitigation grant program established in Iowa Code chapter 29C or any other funding source, the receipt of the buyout will not trigger a repayment of assistance received under subrule 29.4(1). 29.5(7) General conditions of assistance. a. If an eligible homeowner receives other disaster compensation after a forgivable loan is awarded, the authority may require repayment of some or all of the forgivable loan based on the amount of disaster compensation received and review for any duplication of benefits. b. Any home to be purchased, repaired or rehabilitated using assistance under the program must be in compliance with all applicable state and local laws, rules and ordinances. To be eligible for assistance, the home must be in compliance as of the time of closing in the case of purchases, and as of the date of the final disbursement of forgivable loan proceeds in the case of repair or rehabilitation.265—29.6(16) Grant terms. Grants made under the program shall be subject to the following terms: 29.6(1) Award calculation and maximum award. a. An eligible renter may be awarded up to six months of rent assistance. b. An eligible renter may be awarded retroactive rent assistance. c. An eligible renter may be awarded rent assistance to pay late fees provided that the late fees are permissible under Iowa Code chapter 562A or 562B. d. Rent assistance will be calculated by first multiplying the monthly rent amount stated on the eligible renter’s lease by the number of months for which assistance is needed, and then adding any eligible retroactive rent assistance and late fees. e. The amount of monthly rent assistance used in calculating the award must not exceed the amount stated on the eligible renter’s lease. f. The maximum allowable rent assistance that may be awarded must not exceed the lesser of: (1) The sum of the amount stated on the eligible renter’s lease multiplied by six months, plus late fees; or (2) $5,000. 29.6(2) Priority of awards. The authority may prioritize awards of rent assistance to eligible renters earning 80 percent or less of the area median income for the county where the replacement housing is located. 29.6(3) Disbursement. The authority will disburse rent assistance only after a complete application has been received, an award has been approved by the authority, and all applicable conditions for disbursement have been met, including the submission of documentation pertaining to the eligible expenses. Disbursements will be paid directly to the eligible renter’s landlord, unless the authority determines that payment to the landlord is not feasible. If the authority determines it is not feasible to pay the eligible renter’s landlord directly, the authority may disburse payment directly to the eligible renter.265—29.7(16) Reporting. A local program administrator working with the authority to administer assistance provided under rule 265—29.4(16) will submit any information reasonably requested by the authority in sufficient detail to permit the authority to prepare any reports required by the authority, the general assembly or the governor’s office.265—29.8(16) Eviction prevention program. 29.8(1) Purpose. The authority shall establish and administer an eviction prevention program. Under the eviction prevention program, the authority shall award grants to eligible renters and to eviction prevention partners for purposes of this rule. Grants may be awarded upon a state of disaster emergency proclamation by the governor that authorizes the eviction prevention program. Eviction prevention assistance shall be paid out of the fund established in Iowa Code section 16.57B. 29.8(2) Rent assistance. a. Grants awarded to eligible renters pursuant to this subrule shall be used for short-term financial rent assistance to keep eligible renters in their current residences. b. For the purposes of this subrule, “eligible renter” means a renter whose income meets the qualifications of the program, who is at risk of eviction, and who resides in a county that is the subject of a state of disaster emergency proclamation by the governor that authorizes the eviction prevention program and meets the following requirements: (1) To meet the income qualifications of the eviction prevention program established in this rule, a renter’s household income must not exceed 80 percent of the area median income as published annually by the U.S. Department of Housing and Urban Development (HUD) for the county in which the rental unit is located. (2) A renter must be a party to a written lease. (3) The landlord must not reside at the same address as the eligible renter. c. An eligible renter may receive rent assistance subject to the following limitations: (1) An eligible renter may be awarded up to six months of rent assistance. (2) An eligible renter may be awarded retroactive rent assistance. (3) An eligible renter may be awarded rent assistance to pay late fees provided that the late fees are permissible under Iowa Code chapter 562A or 562B. (4) Rent assistance will be calculated by first multiplying the monthly rent amount stated on the eligible renter’s lease by the number of months for which assistance is needed, and then adding any eligible retroactive rent assistance and late fees. (5) The amount of monthly rent assistance used in calculating the award must not exceed the amount stated on the eligible renter’s lease. (6) The maximum allowable rent assistance that may be awarded must not exceed the lesser of the sum of the amount stated on the eligible renter’s lease multiplied by six months plus late fees or $5,000. d. A renter will apply for assistance under this rule in the form and manner required by the authority. e. The authority will disburse rent assistance under this paragraph only after a complete application has been received, an award has been approved by the authority, and all applicable conditions for disbursement have been met, including the submission of documentation pertaining to the eligible expenses. Disbursements will be paid directly to the eligible renter’s landlord, unless the authority determines that payment to the landlord is not feasible. If the authority determines it is not feasible to pay the eligible renter’s landlord directly, the authority may disburse payment directly to the eligible renter. 29.8(3) Eviction prevention partners. a. Grants awarded to eviction prevention partners pursuant to this rule shall be used to pay for rent or housing stability services provided to eligible renters for the purpose of preventing the eviction of eligible renters. b. For the purposes of this subrule, “eviction prevention partner” means a local program administrator as defined in subrule 29.2(1). c. The authority may enter into an agreement with one or more eviction prevention partners to administer the program. The authority will prepare an agreement for each grant awarded to an eviction prevention partner. The agreement will reflect the terms of the award and may include other terms and conditions reasonably necessary for implementation of the program pursuant to this rule. d. Any substantive change to an agreement will require an amendment to the agreement. Amendments shall be requested in writing. No amendment shall be valid unless approved by the authority. e. The authority will disburse funds under this paragraph only after an award has been approved by the authority and all applicable conditions for disbursement have been met, including the submission of documentation pertaining to the eligible expenses. f. An eviction prevention partner receiving an award under this rule shall submit any information reasonably requested by the authority in sufficient detail to permit the authority to prepare any reports required by the authority, the general assembly or the governor’s office.265—29.9(16) Financial assistance subject to availability of funding. All financial assistance awarded pursuant to this chapter shall be subject to funds being made available to the authority for the purpose of awarding financial assistance to eligible homeowners and eligible renters in disaster-affected counties. These rules are intended to implement Iowa Code sections 16.57A, 16.57B and 16.57C. [Filed 5/3/23, effective 7/5/23][Published 5/31/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/31/23.ARC 7025CPharmacy Board[657]Adopted and FiledRule making related to Controlled Substances Act registration
The Board of Pharmacy hereby amends Chapter 10, “Controlled Substances,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 124.301.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 124.302.Purpose and Summary This rule making authorizes the Board, on a case-by-case basis, to issue a Controlled Substances Act registration to a business location when it would be impractical to require each individual practitioner who administers or dispenses controlled substances to separately register at the business location. Examples of such business locations include, but are not limited to, ambulatory surgical centers, dialysis centers, federally qualified health centers, and standalone clinics associated with a hospital system.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 22, 2023, as ARC 6906C. The Board received one comment in support of the rule making. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on May 2, 2023.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. The number of business locations that would obtain a registration, at $90 for a two-year registration, is unknown but expected to be fewer than ten per year. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on July 5, 2023. The following rule-making action is adopted:
ITEM 1. Adopt the following new rule 657—10.4(124):657—10.4(124) Who may register. On a case-by-case basis, the board may issue a registration to a business location not listed in rule 657—10.3(124) if it would be impractical to require each individual practitioner who administers or dispenses controlled substances to separately register at the business location. Examples of business locations that may be eligible for a registration pursuant to this rule include, but are not limited to, ambulatory surgical centers as defined in Iowa Code section 147.163, dialysis centers, federally qualified health centers, and standalone clinics associated with a hospital system. [Filed 5/4/23, effective 7/5/23][Published 5/31/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/31/23.ARC 7026CPharmacy Board[657]Adopted and FiledRule making related to controlled and precursor substances
The Board of Pharmacy hereby amends Chapter 10, “Controlled Substances,” and Chapter 12, “Precursor Substances,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 124.201 and 124B.2(2).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 124.201 and 124B.2(2).Purpose and Summary This rule making temporarily adds four substances (three stimulants and one opiate) to Schedule I, excludes one substance from Schedule II, and adds one substance as a precursor substance to the Iowa Controlled Substances Act in response to similar action taken by the federal Drug Enforcement Administration.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 8, 2023, as ARC 6874C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on May 2, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on July 5, 2023. The following rule-making action is adopted:
ITEM 1. Amend subrule 10.39(7) as follows: 10.39(7) Amend Iowa Code section 124.204(6) by adding the following new paragraphparagraphs:i. 4,4’-Dimethylaminorex. Other names: 4,4’-DMAR; 4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine; 4-methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine.j. Amineptine (7-[(10,11-dihydro-5H-dibenzo[alpha,delta]cyclohepten-5-yl)amino]heptanoic acid).k. Mesocarb (N-phenyl-N’-(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3-ium-5-yl)carbamimidate).l. Methiopropamine (N-methyl-1-(thiophen-2-yl)propan-2-amine). ITEM 2. Adopt the following new subrule 10.39(9): 10.39(9) Amend Iowa Code section 124.206(2)“d” by adding the following new subparagraph: (3) [\18\F]FP-CIT. ITEM 3. Adopt the following new subrule 10.39(10): 10.39(10) Amend Iowa Code section 124.204(2) by adding the following new paragraph: cn. 1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-yl]-1-phenylpropan-2-ol. Other name: Zipeprol. ITEM 4. Amend subrule 12.1(1) as follows: 12.1(1) Amend Iowa Code section 124B.2(1) by adding the following new paragraphs: ae. 3,4-MDP-2-P methyl glycidate (PMK glycidate) and its optical and geometric isomers. af. 3,4-MDP-2-P methyl glycidic acid (PMK glycidic acid) and its salts, optical and geometric isomers, and salts of isomers. ag. Alpha-phylacetoacetamide (APAA) and its optical isomers. ah. Methyl alpha-phenylacetoacetate (other names: MAPA; methyl 3-oxo-2-phenylbutanoate) and its optical isomers. ai. 1-boc-4-AP (tert-butyl 4-(phenylamino)piperidine-1-carboxylate) and its salts. [Filed 5/4/23, effective 7/5/23][Published 5/31/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/31/23.ARC 7027CPharmacy Board[657]Adopted and FiledRule making related to licensing regulation, veterans and military spouses
The Board of Pharmacy hereby amends Chapter 33, “Military Service and Veteran Reciprocity,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in 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 These amendments implement the licensure-related provisions of 2022 Iowa Acts, Senate File 2383, revising the requirements and parameters of licensure for veterans and active duty military spouses.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 8, 2023, as ARC 6944C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on May 2, 2023.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 can be determined because the Board’s current license transfer process provides an opportunity for a temporary license in accordance with Senate File 2383.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on July 5, 2023. The following rule-making action is adopted:
ITEM 1. Adopt the following new definition of “Spouse” in rule 657—33.1(272C): "Spouse" means a spouse of an active duty member of the military forces of the United States. ITEM 2. Amend rule 657—33.3(272C) as follows:657—33.3(272C) Veteran and spouse licensure or registration. A veteran or spouse with an unrestricted pharmacist license in another jurisdiction may apply for pharmacist licensure in Iowa by license transfer pursuant to rule 657—2.9(147,155A) and this chapter. A veteran or spouse must pass any required examinations to be eligible for pharmacist licensure by license transfer. A veteran or spouse may submit an application for pharmacist-intern registration pursuant to 657—Chapter 4 and this chapter. A veteran or spouse may submit an application for technician registration pursuant to 657—Chapter 3 and this chapter. A veteran or spouse may submit an application for pharmacy support person registration pursuant to 657—Chapter 5 and this chapter. 33.3(1) Priority application status. A fully completed application for licensure or registration submitted by a veteran or spouse under this chapter shall be given priority status and shall be expedited. 33.3(2) Application requirements. Such an application shall contain all of the information required of all applicants for licensure or registration who hold unrestricted licenses or registrations in other jurisdictions and who are applying for licensure or registration, including, but not limited to, completion of all required forms, payment of applicable fees, disclosure of criminal or disciplinary history, and, if applicable, a criminal history background check. In addition, the applicant shall provide such documentation as is reasonably needed to verify the applicant’s status as a veteran under Iowa Code section 35.1(2)or a spouse of an active duty member of the military forces of the United States. 33.3(3) Equivalency determination. Upon receipt of a fully completed application for licensure or registration, the board shall promptly determine if the requirements for licensure or registration ofscope of practice in the jurisdiction where the veteran or spouse is licensed or registered areis substantially equivalent to the requirements for licensure or registrationscope of practice in Iowa. The board may consider the following factors in determining substantial equivalence: scope of practice, education and coursework, degree requirements, and postgraduate experiences. 33.3(4) Licensure or registration approval. The board shall promptly grant a license or registration, as appropriate, to the veteran or spouse if the applicant is licensed or registered in another jurisdiction whose licensure or registration requirements arescope of practice is substantially equivalent to those requiredthe scope of practice in Iowa, unless the applicant is ineligible for licensure or registration based on other grounds, for example, the applicant’s disciplinary or criminal background. 33.3(5) Notification of additional requirements and provisionaltemporary licensure or registration. If the board determines that the veteran or spouse is licensed or registered in another jurisdiction whose licensure or registration requirements arescope of practice is not substantially equivalent to those requiredthe scope of practice in Iowa, the board shall promptly inform the applicant of the additional experience, education, or examinationstraining required for licensure or registration in Iowa. Unless the applicant is ineligible for licensure or registration based on other grounds, such as disciplinary or criminal background, the following shall apply: a. If the applicant has not passed the required examination(s) for licensure or registration, the applicant may request that the application be placed in pending status. The board may issue a provisionaltemporary 90-day license in order for a pharmacist who has applied for license transfer pursuant to rule 657—2.9(147,155A) to take and pass the multistate pharmacy jurisprudence examination (MPJE), Iowa Edition. b. If additional experience or 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 or registration for a specified period of time upon such conditions as the board deems reasonably necessary to protect the health, welfare, and safety of the public unless the board determines that the deficiency is of a character that the public health, welfare, or safety will be adversely affected if a provisionaltemporary license or registration is granted. c. If a request for a provisionaltemporary license or registration is denied, the board shall issue an order fully explaining the decision and shall inform the applicant of the steps the applicant may take in order to receive a provisionaltemporary license or registration. d. If a provisionaltemporary license or registration is issued, the application for full licensure or registration shall be placed in pending status until the necessary experience or educationor training has been successfully completed or the provisionaltemporary license or registration expires, whichever occurs first. The board may extend a provisionaltemporary license or registration on a case-by-case basis for good cause. ITEM 3. Amend rule 657—33.4(272C) as follows:657—33.4(272C) Request for contested case. A military service applicant,or a veteran, or a spouse who is aggrieved by the board’s decision to deny all or part of the military service credit application, a request for a license transfer, a request for a registration, or a request for provisionaltemporary license or registration, or is aggrieved by the terms under which a provisionaltemporary license or registration will be granted, may request a contested case (administrative hearing) and may participate in a contested case by telephone. A request for a contested case shall be made within 30 days of issuance of the board’s decision pursuant to 657—subrule 35.30(1). There shall be no fees or costs assessed against the military service applicant,or veteran, or spouse in connection with a contested case conducted pursuant to this chapter. [Filed 5/4/23, effective 7/5/23][Published 5/31/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/31/23.ARC 7022CProfessional Licensure Division[645]Adopted and FiledRule making related to licensure
The Board of Mortuary Science hereby amends Chapter 101, “Licensure of Funeral Directors, Funeral Establishments, and Cremation Establishments,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted 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 amendments update the Board’s rules to align with current Professional Licensure Division practices. The amendments remove the notarization requirement for foreign-trained funeral directors and update the process for verifying endorsement applications. Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 16, 2022, as ARC 6663C. A public hearing was held on December 7, 2022, at 8:30 a.m. in the Fifth Floor Board Conference Room 526, Lucas State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Division on March 2, 2023.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.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 July 5, 2023. The following rule-making action is adopted:
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: [Filed 5/1/23, effective 7/5/23][Published 5/31/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/31/23.ARC 7032CPublic Health Department[641]Adopted and FiledRule making related to licensing regulation, fees, veterans and military spouses
The Public Health Department hereby amends Chapter 131, “Emergency Medical Services—Providers—Initial Certification—Renewal and Reactivation—Authority—Complaints and Investigations,” and Chapter 196, “Military Service, Veteran Reciprocity, and Spouses of Active Duty Service Members,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapters 147A and 272C 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 This rule making implements the licensure-related provisions of 2022 Iowa Acts, Senate File 2383, by revising the requirements for licensure by verification and updating the requirements and parameters of licensure for veterans and their spouses.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 8, 2023, as ARC 6942C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the State Board of Health on May 10, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, there 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 Department for a waiver of the discretionary provisions, if any, pursuant to the Department’s waiver provisions contained in 641—Chapter 178.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on July 5, 2023. The following rule-making action is adopted:
ITEM 1. Amend subrule 131.3(6) as follows: 131.3(6) Fees may be waived in accordance with provisions in Iowa Code chapter 272C for individuals demonstrating incomethe following: a. Income that does not exceed 200 percent of the federal poverty level.; b. Initial licensing fees and one renewal fee for an applicant who has been honorably or generally discharged from federal active duty or national guard duty, as those terms are defined in Iowa Code section 29A.1, who would otherwise be charged within five years of the discharge. ITEM 2. Amend subrules 196.3(3) to 196.3(6) as follows: .(3) Upon receipt of a fully completed licensure application, the licensing authority shall promptly determine if the professional or occupational licensing requirementsscope of practice of the jurisdiction where the veteran or spouse is licensed areis substantially equivalent to the licensing requirementsscope of practice in Iowa. The licensing authority shall make this determination based on information supplied by the applicant and such additional information as the licensing authority may acquire from the applicable jurisdiction. As relevant to the license at issue, the licensing authority may consider the following factors in determining substantial equivalence: scope of practice, education and coursework, degree requirements, experience, and examinations required for licensure. .(4) The licensing authority shall promptly grant a license to the veteran or spouse 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 required in Iowa, unless the applicant is ineligible for licensure based on other grounds, for example, the applicant’s disciplinary or criminal background. .(5) If the licensing authority determines that the licensure requirementsscope of practice in the jurisdiction in which the veteran or spouse is licensed areis not substantially equivalent to those requiredthe scope of practice in Iowa, the licensing authority shall promptly inform the applicant 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, or the issuance of a provisionaltemporary license is inconsistent with the licensing authority’s enabling statute, the following shall apply: a. If an applicant has not passed the required examination(s) for licensure, the applicant 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 applicant with the opportunity to satisfy the examination requirements. b. If additional experience or educationor training is required for the applicant’s qualifications to be considered substantially equivalent, the applicant may request that the licensing authority issue a provisionaltemporary license for a specified period of time during which the applicant will successfully complete the necessary experience or educationor training. The licensing authority shall issue a provisionaltemporary license for a specified period of time upon such conditions as the licensing authority deems reasonably necessary to protect the health, welfare or safety of the public unless the licensing authority 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 licensing authority 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 licensing authority may extend a provisionaltemporary license on a case-by-case basis for good cause. .(6) A veteran or spouse who is aggrieved by the licensing authority’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 licensing authority’s decision. The provisions of 641—Chapter 173 shall apply, except that no fees or costs shall be assessed against the applicant in connection with a contested case conducted pursuant to this subrule. [Filed 5/10/23, effective 7/5/23][Published 5/31/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/31/23.