PrintProposing rule making related to qualified allocation plans and providing an opportunity for public comment
The Iowa Finance Authority hereby proposes to amend Chapter 12, “Low-Income Housing Tax Credits,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 16.5.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 16.35 and Internal Revenue Code Section 42.Purpose and Summary The updated 2024 Qualified Allocation Plans (QAPs) set forth the purposes of the plans, administrative information required for participation, threshold criteria, selection criteria, postreservation requirements, the appeal process, and compliance-monitoring components. The plans also establish the fees for filing an application for low-income housing tax credits and for compliance monitoring. Copies of the QAPs are available upon request from the Authority and are available electronically on the Authority’s website at www.iowafinance.com. It is the Authority’s intent to incorporate the updated 2024 QAPs by reference consistent with Iowa Code chapter 17A and 265—subrules 17.4(2) and 17.12(2).Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, the impact on jobs is expected to be consistent with the impact of previous years’ QAPs. The Low-Income Housing Tax Credit Program has had a substantial positive impact on employment in Iowa, creating many jobs annually in the construction, finance, and property management fields, among others. 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. 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 Authority no later than 4:30 p.m. on July 18, 2023. Comments should be directed to: Kristin Hanks-Bents Iowa Finance Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.452.0404 Email: kristin.hanks-bents@iowafinance.com 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 rule 265—12.1(16) as follows:265—12.1(16) Qualified allocation plans. 12.1(1) Four percent qualified allocation plan. The qualified allocation plan titled Iowa Finance Authority Low-Income Housing Tax Credit Program 20232024 4% Qualified Allocation Plan (“4% QAP”) dated December 7, 2022June 7, 2023, shall be the qualified allocation plan for the allocation of 4 percent low-income housing tax credits consistent with IRC Section 42 and the applicable Treasury regulations and Iowa Code section 16.35. The 4% QAP is incorporated by reference pursuant to Iowa Code section 17A.6 and 265—subrules 17.4(2) and 17.12(2). The 4% QAP does not include any amendments or editions created subsequent to December 7, 2022June 7, 2023. 12.1(2) Nine percent qualified allocation plan. The qualified allocation plan titled Iowa Finance Authority Low-Income Housing Tax Credit Program 20232024 9% Qualified Allocation Plan (“9% QAP”) shall be the qualified allocation plan for the allocation of 9 percent low-income housing tax credits consistent with IRC Section 42 and the applicable Treasury regulations and Iowa Code section 16.35. The 9% QAP is incorporated by reference pursuant to Iowa Code section 17A.6 and 265—subrules 17.4(2) and 17.12(2). The 9% QAP does not include any amendments or editions created subsequent to November 2, 2022June 7, 2023. ITEM 2. Amend rule 265—12.2(16) as follows:265—12.2(16) Location of copies of the plans. 12.2(1) 4% QAP. The 4% QAP can be reviewed and copied in its entirety on the authority’s website at www.iowafinance.com. Copies of the 4% QAP, application, and all related attachments and exhibits shall be deposited with the administrative rules coordinator and at the state law library and shall be available on the authority’s website. The 4% QAP incorporates by reference IRC Section 42 and the regulations in effect as of December 7, 2022June 7, 2023. Additionally, the 4% QAP incorporates by reference Iowa Code section 16.35. These documents are available from the state law library, and information about these statutes, regulations and rules is on the authority’s website. 12.2(2) 9% QAP. The 9% QAP can be reviewed and copied in its entirety on the authority’s website at www.iowafinance.com. Copies of the 9% QAP, the application, and all related attachments and exhibits shall be deposited with the administrative rules coordinator and at the state law library and shall be available on the authority’s website. The 9% QAP incorporates by reference IRC Section 42 and the regulations in effect as of November 2, 2022June 7, 2023. Additionally, the 9% QAP incorporates by reference Iowa Code section 16.35. These documents are available from the state law library, and information about these statutes, regulations and rules is on the authority’s website.ARC 7042CMedicine Board[653]Notice of Intended ActionProposing rule making related to licensing regulation, veterans and military spouses and providing an opportunity for public comment
The Board of Medicine hereby proposes to amend Chapter 9, “Permanent and Administrative Medicine Physician Licensure,” and Chapter 18, “Military Service and Veteran Reciprocity,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapter 147 and 2022 Iowa Acts, Senate File 2383.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 272C.12 and 2022 Iowa Acts, Senate File 2383.Purpose and Summary These proposed amendments implement the licensure-related provisions of 2022 Iowa Acts, Senate File 2383, which established requirements for licensure by verification and updated the requirements and parameters of licensure for veterans and their spouses. Fiscal Impact This proposed rule making will have limited fiscal impact. The provisions of this rule making will waive the initial application and renewal fees for veterans who were honorably or generally discharged within the previous five years. However, the overall number of applications that meet these criteria is low. Jobs Impact After analysis and review of this rule making, there may be a positive impact on jobs since it would streamline and remove some of the requirements related to licensure by verification. Additionally, it would clearly provide an alternative pathway to licensure of spouses of veterans when moving to Iowa. Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 653—Chapter 3. Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on July 18, 2023. Comments should be directed to: Dennis Tibben Iowa Board of Medicine 400 SW Eighth Street, Suite C Des Moines, Iowa 50309 Phone: 515.281.7088 Email: dennis.tibben@iowa.gov Public Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Adopt the following new rule 653—9.5(272C):653—9.5(272C) Licensure by verification. Licensure by verification is available in accordance with the following: 9.5(1) Eligibility. A person may seek licensure by verification if the person is currently licensed as a physician in at least one other jurisdiction that has a scope of practice substantially similar to that of Iowa. 9.5(2) Board application. The applicant must submit the following: a. A completed application for licensure by verification. b. Payment of the application fee. c. A completed fingerprint packet to facilitate a criminal history background check by the DCI and FBI. d. A verification form, completed by the licensing authority in the jurisdiction that issued the applicant’s license, verifying that the applicant’s license in that jurisdiction complies with the requirements of Iowa Code section 272C.12. The completed verification form must be sent directly from the licensing authority to the board. e. Proof of passing an examination as required by rule 653—9.7(147,148). f. A copy of the complete criminal record, if the applicant has a criminal history. g. A copy of the relevant disciplinary documents, if another jurisdiction has taken disciplinary action against the applicant. h. A written statement from the applicant detailing the scope of practice in the other state. i. Copies of relevant laws setting forth the scope of practice in the other state. 9.5(3) Applicants with prior discipline. If another jurisdiction has taken disciplinary action against an applicant, the board will determine whether the cause for the disciplinary action has been corrected and the matter has been resolved. If the board determines the disciplinary matter has not been resolved, the board will neither issue a license nor deny the application for licensure until the matter is resolved. A person who has had a license revoked, or who has voluntarily surrendered a license, in another jurisdiction is ineligible for licensure by verification. 9.5(4) Applicants with pending licensing complaints or investigations. If an applicant is currently the subject of a complaint, allegation, or investigation relating to unprofessional conduct pending before any regulating entity in another jurisdiction, the board will neither issue a license nor deny the application for licensure until the complaint, allegation, or investigation is resolved. 9.5(5) Temporary licenses. Applicants who satisfy all requirements for a license under this section except for passing a required examination specific to the laws of this state may be issued a temporary license that is valid for a period of three months and may be renewed once for an additional period of three months. The applicant must submit proof of passing the required examination before the temporary license expires. ITEM 2. Rescind the definition of “Provisional license” in rule 653—18.1(272C). ITEM 3. Adopt the following new definition of “Temporary license” in rule 653—18.1(272C): "Temporary license" means a temporary license issued pursuant to rule 653—10.5(147,148). ITEM 4. Amend rule 653—18.3(272C) as follows:653—18.3(272C) Veteran and spouse reciprocity. 18.3(1) A veteran or spouse with an unrestricted professional license in another jurisdiction may apply for licensure in Iowa through reciprocity. A veteran or spouse must pass any examinations required for licensure to be eligible for licensure through reciprocity. A fully completed application for licensure submitted by an applicant under this subrule shall be given priority and shall be expedited. 18.3(2) An application for licensure by reciprocity shall contain all of the information required of all applicants for licensure who hold unrestricted licenses in other jurisdictions and who are applying for licensure by reciprocity, including but not limited to completion of all required forms, payment of applicable fees, disclosure of criminal or disciplinary history, and, if applicable, a criminal history background check. In addition, the applicant shall provide such documentation as is reasonably needed to verify the applicant’s status as a veteran under Iowa Code section 35.1(2) or as a spouse. 18.3(3) Upon receipt of a fully completed licensure application, the board shall promptly determine if the professional or occupational licensing requirements ofscope of practice in the jurisdiction where the veteran or spouse is licensed areis substantially equivalent to the licensing requirements in Iowa. The board may consider the following factors in determining substantial equivalence: scope of practice, education and coursework, degree requirements, and postgraduate experiencesshall make this determination based on information supplied by the applicant and such additional information as the board may acquire from the applicable jurisdiction. 18.3(4) The board shall promptly grant a license to the veteran or spouseapplicant if the veteran or spouseapplicant is licensed in the same or similar profession in another jurisdiction whose licensure requirements arescope of practice is substantially equivalent to those requiredthe scope of practice in Iowa, unless the applicant is ineligible for licensure based on other grounds, for example, the applicant’s disciplinary or malpractice history or criminal background. 18.3(5) If the board determines that the licensing requirementsscope of practice in the jurisdiction in which the veteran or spouseapplicant is licensed areis 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 in Iowa. Unless the applicant is ineligible for licensure based on other grounds, such as disciplinary or malpractice history or criminal background, the following shall apply: a. If the applicant has not passed the required examination(s) for licensure, the applicant maynot be issued a temporary license, but may request that the application be placed in pending status. b. If additional experience or educationor training is required in order for the applicant’s qualifications to be considered substantially equivalent, the applicant may request that the board issue a provisionaltemporary license for a specified period of time during which the applicant will successfully complete the necessary experience or educationor training. The board shall issue a provisionaltemporary license for a specified period of time upon such conditions as the board deems reasonably necessary to protect the health, welfare or safety of the public, unless the board determines that the deficiency is of a character that the public health, welfare or safety will be adversely affected if a provisionaltemporary license is granted. c. If a request for a provisionaltemporary license is denied, the board shall issue an order fully explaining the decision and shall inform the applicant of the steps the applicant may take in order to receive a provisionaltemporary license. d. If a provisionaltemporary license is issued, the application for full licensure shall be placed in pending status until the necessary experience or educationor training has been successfully completed or the provisionaltemporary license expires, whichever occurs first. The board may extend a provisionaltemporary license on a case-by-case basis for good cause. 18.3(6) A veteran or spouseAn applicant who is aggrieved by the board’s decision to deny an application for a reciprocal license or a provisionaltemporary license or is aggrieved by the terms under which a provisionaltemporary license will be granted may request a contested case (administrative hearing) and may participate in a contested case by telephonevideo conferencing. A request for a contested case shall be made within 30 days of issuance of the board’s decision. There shall be no fees or costs assessed against the veteran or spouseapplicant in connection with a contested case conducted pursuant to this subrule.ARC 7041CEducation Department[281]Adopted and FiledRule making related to school health services
The State Board of Education hereby amends Chapter 14, “School Health Services,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 256.7(5).State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, House Files 771, 803, and 2573.Purpose and Summary House File 771 allowed schools to obtain stock supplies of bronchodilator medication and equipment, as well as authorized the self-administration of bronchodilator medication by students. House File 803 made changes to authorized practice by physician assistants and directed the State Board to amend certain rules in Chapter 14. House File 2573 allowed school districts to obtain prescriptions for stock opioid antagonist medication. These three pieces of legislation are addressed in this rule making.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 6880C. A public hearing was held on February 28, 2023, at 8:30 a.m. in Room B50, Grimes State Office Building, Des Moines, Iowa. No one attended the public hearing. The Department received two written public comments from the American Lung Association and the Iowa School Nurse Organization. Both organizations were largely in favor of the proposed rule making; however, both organizations suggested changes to the proposed rule making. Physician assistants. One commenter questioned the role of physician assistants in the proposed rule making and asked that advanced registered nurse practitioners be specifically included in certain sections. The Department made some changes from the Notice to emphasize the broad statutory definition of “licensed health care professional” (which addresses some of the commenter’s concerns), but 2022 Iowa Acts, House File 803, required that physician assistants be specifically named in relevant rules. Requirements specific to epinephrine auto-injectors. One commenter recommended adding more global language that is inclusive of bronchodilator treatments. Several changes from the Notice were made to that effect. Withdrawal of privilege to self-administer medication. One commenter objected to the language allowing the privilege to self-administer medications to be withdrawn because of abuse of the privilege. Because this language is part of the statute, no changes from the Notice were made based on this comment. Medication administration course issue. One commenter requested that the medication administration course be required every three years, rather than five, because school employees’ “primary field of work is not health care.” While more training might be preferable, and would certainly be a matter of local district discretion, the Department is not convinced that the additional training burden is necessary to achieve the purposes of Chapter 14. The commenter also requested that additional organizations be allowed to provide the medication administration course. This particular comment, not being directly responsive to the three statutes underlying this rule making, is deferred for further consideration by the Department as part of the Department’s review under Executive Order 10. Standing orders for stock supplies. Both commenters requested the addition of a rule authorizing another entity, such as the state medical director, to issue a standing order for all schools to obtain stock supplies. That suggestion is outside of the State Board’s jurisdiction and is better directed to the Legislature or another state entity. Withdrawal of delegation. One commenter asked that the rules explicitly state that delegation to unlicensed personnel based on errors or improper uses may be withdrawn. Because the ability to withdraw a delegation is inherent in the assessment and supervision that delegation requires, no changes from the Notice have been made based on this comment. Contacting emergency services. One commenter noted that one rule requires contacting 911 after administering an epinephrine auto-injector and recommended addressing the responsibility for aftercare for the administration of a bronchodilator canister or a bronchodilator canister and spacer. The comment is well-founded, and the rule has been modified to provide that the school nurse directs the aftercare in such situations based on the nurse’s professional judgment. Prescription details. One commenter requested that the rules provide greater specificity regarding prescriptions for stock supplies, such as specific medications, dosages, and frequencies. These comments are more appropriately addressed to the professional writing the prescription. If statewide rules are required, other state agencies have the authority and expertise to promulgate them. No changes from the Notice have been made based on this comment.Adoption of Rule Making This rule making was adopted by the State Board on June 8, 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 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 will become effective on August 2, 2023. The following rule-making action is adopted:
ITEM 1. Amend subrule 14.1(3) as follows: 14.1(3) A statement thatauthorized persons administering medication shall include authorized practitioners,licensed health personnel working under the auspices of the school, such as licensed registered nurses, and physicians,physician assistants, and persons to whom authorized practitioners have delegated the administration of prescription and nonprescription drugs (who shall have successfully completed a medication administration course). Individuals who have demonstrated competency in administering their own medications may self-administer their medication. Individuals shall self-administer asthma or other airway constricting disease medication, use a bronchodilator canister or bronchodilator canister and spacer, or possess and have use of an epinephrine auto-injector with parent and physician(or physician assistant) consent on filefor each school year, without the necessity of demonstrating competency to self-administer these medications.If a student misuses this privilege, it may be withdrawn. For purposes of this chapter, “self-administration” and “medication” mean the same as defined in Iowa Code section 280.16(1). ITEM 2. Amend subrule 14.1(4) as follows: 14.1(4) A provision for a medication administration course provided by the department that is completed every five years with an annual medication administration procedural skills check completed with a registered nurse or pharmacistlicensed health personnel. A registered nurse, licensed physician assistant, or licensed pharmacist shall conduct the course. A record of course completion shall be maintained by the school. ITEM 3. Amend paragraph 14.1(7)"d" as follows: d. Medicationname and purpose, including the use of a bronchodilator canister or a bronchodilator canister and spacer or the use of an epinephrine auto-injector. ITEM 4. Amend subrule 14.2(1), definition of “Licensed health personnel,” as follows: "Licensed health personnel" means a licensed registered nurse, licensed physician,licensed physician assistant, or other licensed health personnel legally authorized todelegate or provide special health services and medicationsunder the auspices of the school. ITEM 5. Rescind rule 281—14.3(256) and adopt the following new rule in lieu thereof:281—14.3(256) School district and accredited nonpublic school stock epinephrine auto-injector, bronchodilator canister, or bronchodilator canister and spacer voluntary supply. 14.3(1) Definitions. For the purpose of this rule, the following definitions apply: "Act" means 2015 Iowa Acts, Senate File 462, which amended Iowa Code section 280.16 and created Iowa Code section 280.16A. "Bronchodilator" means the same as defined in Iowa Code section 280.16(1)“a.” "Bronchodilator canister" means the same as defined in Iowa Code section 280.16(1)“b.” "Department" means the department of education. "Epinephrine auto-injector" means the same as defined in Iowa Code section 280.16(1)“c.” "Licensed health care professional" means the same as defined in Iowa Code section 280.16(1)“d.” "Medication administration course" means a course approved or provided by the department that includes safe storage of medication, handling of medication, general principles, procedural aspects, skills demonstration and documentation requirements of safe medication administration in schools. "Medication error" means the failure to administer an epinephrine auto-injector to a student or individual by proper route, failure to administer the correct dosage, or failure to administer an epinephrine auto-injector, bronchodilator, or bronchodilator canister and spacer according to generally accepted standards of practice. "Medication incident" means accidental injection of an epinephrine auto-injector into a digit of the authorized personnel administering the medication. "Personnel authorized to administer epinephrine or a bronchodilator" means the same as defined in Iowa Code section 280.16A(1)“e.” "School building" means each attendance center within a school district or accredited nonpublic school where students or other individuals are present. "School nurse" means the same as defined in Iowa Code section 280.16A(1)“f.” "Spacer" means the same as defined in Iowa Code section 280.16A(1)“g.” 14.3(2) Applicability. This rule applies to and permits: a. A licensed health care professional to prescribe a stock epinephrine auto-injector, a bronchodilator canister, or a bronchodilator canister and spacer in the name of a school district or accredited nonpublic school for use in accordance with the Act and this rule; b. A pharmacist to dispense a stock supply pursuant to paragraph 14.3(2)“a”; and c. A school district or accredited nonpublic school to acquire and maintain a stock supply pursuant to paragraphs 14.3(2)“a” and 14.3(2)“b.” 14.3(3) Prescription for stock epinephrine auto-injectors, bronchodilator canisters, and bronchodilator canisters and spacers. A school district or accredited nonpublic school may obtain a prescription for epinephrine auto-injectors, bronchodilator canisters, and bronchodilator canisters and spacers from a licensed health care professional annually in the name of the school district or accredited nonpublic school for administration to a student or individual who may be experiencing an anaphylactic reaction or may require treatment for respiratory distress, asthma, or other airway constricting disease. The school district or accredited nonpublic school shall maintain the supply of such auto-injectors, bronchodilator canisters, and bronchodilator canisters and spacers according to manufacturer instructions. If a school district or accredited nonpublic school obtains a prescription pursuant to the Act and these rules for epinephrine auto-injectors, the school district or accredited nonpublic school shall stock a minimum of one pediatric dose and one adult dose for each school building. A school district or accredited nonpublic school may obtain a prescription for more than the minimum and may maintain a supply in other buildings. 14.3(4) Authorized personnel and stock epinephrine auto-injector, bronchodilator canister, or bronchodilator canister and spacer administration. A school nurse or personnel trained and authorized may provide or administer an epinephrine auto-injector, bronchodilator canister, or bronchodilator canister and spacer from a school supply to a student or individual in circumstances authorized by Iowa Code section 280.16. a. Pursuant to Iowa Code section 280.23, authorized personnel will submit a signed statement to the school nurse stating that the authorized personnel agree to perform the service of administering a stock epinephrine auto-injector to a student or individual who may be experiencing an anaphylactic reaction or administering a bronchodilator canister or a bronchodilator canister and spacer to a student or individual experiencing respiratory distress, asthma, or other airway constricting disease. b. Emergency medical services (911) will be contacted immediately after a stock epinephrine auto-injector is administered to a student or individual, and the school nurse or authorized personnel will remain with the student or individual until emergency medical services arrive. In the event of administration of a stock bronchodilator or bronchodilator canister and spacer to a student or individual, the school nurse will be contacted and will determine, based on professional judgment, the necessary care of a student or individual. c. The administration of an epinephrine auto-injector, a bronchodilator, or a bronchodilator canister and spacer in accordance with this rule is not the practice of medicine. 14.3(5) Stock epinephrine auto-injector, bronchodilator, or bronchodilator canister and spacer training. School employees may obtain a signed certificate to become authorized personnel. a. Training to obtain a signed certificate may be accomplished by: (1) Successfully completing, every five years, the medication administration course provided by the department; (2) Annually demonstrating to the school nurse a procedural return-skills check on medication administration; (3) Annually completing an anaphylaxis, asthma, or airway constricting disease training program approved by the department; (4) Demonstrating to the school nurse a procedural return-skills check on the use of an epinephrine auto-injector, bronchodilator canister, and bronchodilator canister and spacer using information from the training, using authorized prescriber instructions, and as directed by the prescription manufacturing label; and (5) Providing to the school nurse a signed statement, pursuant to Iowa Code section 280.23, that the person agrees to perform one or more of the services described in this rule. b. Training required after a medication error or medication incident. Authorized personnel or the school nurse directly involved with a medication error or medication incident involving the administration of stock epinephrine auto-injectors, bronchodilators, or bronchodilator canisters and spacers shall be required to follow the medication error or medication incident protocol adopted by the board of directors of the school district or authorities in charge of the school district or accredited nonpublic school. To retain authorization to administer stock epinephrine auto-injectors, bronchodilators, or bronchodilator canisters and spacers in the school setting, authorized personnel directly involved with a medication error or medication incident will be required to provide a procedural skills demonstration to the school nurse demonstrating competency in the administration of stock epinephrine auto-injectors, bronchodilators, or bronchodilator canisters and spacers. 14.3(6) Procurement and maintenance of stock epinephrine auto-injector, bronchodilator, or bronchodilator canister and spacer supplies. A school district or accredited nonpublic school may obtain a prescription to stock, possess, and maintain epinephrine auto-injectors, bronchodilators, or bronchodilator canisters and spacers. a. Stock epinephrine auto-injectors, bronchodilator canisters, and bronchodilator canisters and spacers shall be stored in a secure, easily accessible area for an emergency within the school building, or in addition to other locations as determined by the school district or accredited nonpublic school, and in accordance with the manufacturing label of the stock epinephrine auto-injector, bronchodilator canister, or bronchodilator canister and spacer. b. A school district or school will designate an employee to routinely check stock epinephrine auto-injectors, bronchodilator canisters, and bronchodilator canisters and spacers and document the following in a log monthly throughout the calendar year: (1) The expiration date; (2) Any visualized particles or color change, for epinephrine auto-injectors; or (3) Bronchodilator canister damage. c. The school district or school shall develop a protocol to replace as soon as reasonably possible any logged epinephrine auto-injector, bronchodilator canister, or bronchodilator canister and spacer that is used, is damaged, is close to expiration, or is discolored or has particles visible in the epinephrine auto-injector liquid. 14.3(7) Disposal of used stock epinephrine auto-injectors, bronchodilators, or bronchodilator canisters and spacers. The school district or school that administers epinephrine auto-injectors, bronchodilators, or bronchodilator canisters and spacers shall dispose of used cartridge injectors as infectious waste pursuant to the department’s medication waste guidance and bronchodilators or bronchodilator canisters and spacers pursuant to the department’s medication waste guidance. For purposes of this rule, a multiuse bronchodilator canister is considered “used” when it no longer contains sufficient active ingredient to be medically useful. 14.3(8) Reporting. A school district or school that obtains a prescription for stock medications under this rule shall report to the department within 48 hours, using the reporting format approved by the department, each medication incident or error with the administration of a stock epinephrine injector, bronchodilator canister, or bronchodilator canister and spacer or administration of a stock epinephrine auto-injector. 14.3(9) School district or accredited nonpublic school policy. A school district or school may stock epinephrine auto-injectors, bronchodilator canisters, or bronchodilator canisters and spacers. The board of directors in charge of the school district or authorities in charge of the accredited nonpublic school that stocks epinephrine auto-injectors, bronchodilator canisters, or bronchodilator canisters and spacers shall establish a policy and procedure for the administration of a stock epinephrine auto-injector, bronchodilator canister, or bronchodilator canister and spacer, which shall comply with the minimum requirements of this rule. 14.3(10) Rule of construction. This rule shall not be construed to require school districts or accredited nonpublic schools to maintain a stock of epinephrine auto-injectors, bronchodilator canisters, or bronchodilator canisters and spacers. An election not to maintain such a stock shall not be considered to be negligence. 14.3(11) Opioid antagonists. A school district may obtain a valid prescription for an opioid antagonist and maintain a supply of opioid antagonists in a secure location at each location where a student may be present for use as provided in this rule. Any school district which does so must comply with rules and procedures adopted by the department of health and human services. [Filed 6/8/23, effective 8/2/23][Published 6/28/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 6/28/23.ARC 7040CTreasurer of State[781]Adopted and FiledRule making related to Iowa ABLE savings plan trust
The Treasurer of State hereby amends Chapter 20, “Iowa ABLE Savings Plan Trust,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 12I.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 12I.Purpose and Summary This rule making amends Chapter 20 to comply with provisions of the federal Consolidated Appropriations Act (CAA) of 2023, which included the SECURE 2.0 Act. Additionally, this rule making makes changes necessary for the continued efficient administration of the Iowa ABLE savings plan trust.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 6951C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Treasurer of State on June 1, 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 Treasurer of State for a waiver of the discretionary provisions, if any, pursuant to 781—Chapter 19.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on August 2, 2023. The following rule-making action is adopted:
ITEM 1. Adopt the following new definition of “Resident” in rule 781—20.2(12I): "Resident" means someone living in one location with the intent to remain there permanently or for a definite, indefinite or indeterminable length of time. ITEM 2. Amend rule 781—20.2(12I), definitions of “Account owner,” “Authorized individual,” “Federal penalty tax,” “Fund” and “Section 529A,” as follows: "Account owner" means the account owner and designated beneficiary of the accountas defined in Iowa Code section 12I.1. An account owner must be an eligible individual. References herein to an account owner include an authorized individual or an authorized agent acting on behalf of an account owner. "Authorized individual" means an individuala person or entity authorized to act on the account owner’s behalf with respect to the accountin accordance with these rules and Section 529A. The authorized individual may neither have nor acquire any beneficial interest in the account during the account owner’s lifetime and must administer the account for the benefit of the account owner. "Federal penalty tax" means a 10 percentthe additional federal tax imposed on the earnings portion of certain nonqualified withdrawals. "Fund" means the underlying investments that are mutual funds,or exchange-traded funds, bank products and any other investments in which assets of the plan are invested through the investment options. "Section 529A" means Section 529A of the Internal Revenue Codeand regulations promulgated or proposed thereunder. ITEM 3. Rescind the definitions of “Authorized agent” and “Investment managers” in rule 781—20.2(12I). ITEM 4. Amend subrule 20.4(1) as follows: 20.4(1) The plan shall have a form of participation agreement which must be used to establish accountsan account. The participation agreement shall be signed and dated in accordance with the requirements of the plan disclosure documents by the account owner to verify that the account owner agrees to the terms and conditions of the plan. ITEM 5. Amend rule 781—20.5(12I) as follows:781—20.5(12I) Eligible individual. An account owner must be an eligible individual. An individual is an eligible individual for a taxable year if, during that year, either (1) the individual is entitled to benefits based on blindness or disability under Title II or XVI of the Social Security Act (“benefits eligibility”), or (2) a disability certification meeting specified requirements is filed with the Secretary in accordance with Section 529A (“certification eligibility”). In all cases, the blindness or disability must have occurred before the individual’s twenty-sixth birthday. This rule establishes the following other requirements for opening an account: 20.5(1) An account owner may be a resident of any state. 20.5(2) An account owner must be a U.S. citizen or resident alien. 20.5(3) An account owner must, on signing a participation agreement, provide the plan administrator withhave a valid social security number or tax identification number. 20.5(4) An account owner must have a valid permanent U.S. street address. 20.5(5) No account ownereligible individual may have more than one account in an ABLE plan in existence at the same time. A prior ABLE account that has been closed does not prohibit the subsequent creation of another ABLE account for the same account owner. As part of the enrollment process, theperson establishing the account owner will be required to certify under penalties of perjury that theeligible individual for whom the account owneris being established has no other ABLE account (except in the case of a rolloverfrom an account that will terminate with the completion of the rollover). 20.5(6) If an individual desires to open an account based on benefits eligibility, the individual must make the following certifications under penalties of perjury that: a. The individual is entitled to benefits based on blindness or disability under Title II or XVI of the Social Security Act and has received a benefit verification letter from the Social Security Administration and agrees to retain and provide the letter (or a genuine copy of the letter or other evidence) to the plan, the plan administrator, the IRS, or the U.S. Department of the Treasury upon request;and b. The individual’s disability was present before the individual’s twenty-sixth birthdaymeets the qualifications set forth in Section 529A. 20.5(7) If an individual desires to open an account based on certification eligibility, the individual must certify under penalties of perjury that the individual: a. Has a medically determinable physical or mental impairment which results in marked or severe functional limitations and which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months; b. Is blind (within the meaning of the Social Security Act); or c. Has a condition listed in the “List of Compassionate Allowances Conditions” maintained by the Social Security Administration.The individual must also certify that the disability, blindness, or compassionate allowances condition occurred before the date of the individual’s twenty-sixth birthdaymeets the qualifications set forth in Section 529A, and that the individual has a copy of the individual’s diagnosis relating to the relevant impairment(s), signed by a physician meeting the criteria of Social Security Act Section 1861(r)(1). The individual must also agree to retain and provide a copy of the diagnosis and related information to the plan upon request. 20.5(8) By maintaining an account, the account owner is making a continuing certification that the account owner is an eligible individual. It is the account owner’s responsibility to notify the plan in writing if the account owner ceases to be an eligible individual. It is also the account owner’s responsibility to notify the plan in writing if the account owner subsequently requalifies as an eligible individual. ITEM 6. Amend rule 781—20.6(12I) as follows:781—20.6(12I) Authorized individual. 20.6(1) An eligible individual may establish an account. If an eligible individual (whether a minor or adult) is unable to establish the individual’s own account, an account may be established on behalf of the eligible individual by the eligible individual’s agent under a power of attorney or, if none, by a conservator or legal guardian, spouse, parent, sibling, grandparent of the eligible individual, or a representative payee appointed for the eligible individual by the Social Security Administration, in that order, or as otherwise provided in Section 529A. 20.6(2) The plan may accept a certification, made under penalties of perjury, from the person seeking to establish an account (1) as to the basis for the person’s authority to establish the account, and (2) that there is no other person with a higher priority, set forth in Section 529A, to establish the account. 20.6(3) An authorized individual may establish an account on behalf of the account owner and make investment decisions for the account owner. An authorized individual may neither have nor acquire any beneficial interest in the account during the account owner’s lifetime and must administer the account for the benefit of the account owner. Whenever an action is required to be taken by an account owner in connection with an account, the authorized individual may take such action on behalf of the account owner. 20.(1) 20.6(4) A parent or legal guardian of an account owner who is a minor may be the authorized individual for that account owner. An adult account owner with legal capacity may appoint an individual as an authorized individual. In addition, a conservator legally appointed for an adult account owner who lacks legal capacity may be an authorized individual. 20.(2) 20.6(5) An authorized individual may be required to provide supporting documentation to the plan, including documentation of the authority of the individual to establish the account, in accordance with the plan disclosure documents. The plan may freeze an account until the plan receives the required documentation and is able to verify the authorized individual’s authority to open, transact and maintain an account on behalf of the account owner. ITEM 7. Amend rule 781—20.7(12I) as follows:781—20.7(12I) Authorized agentInterested party. An account owner with legal capacity or an authorized individual may designate an authorized agent to act on the account. An authorized agent may be appointed with varying levels of authority in accordance with the plan disclosure documents. Certain levels of authority will require the completion of a power of attorney forminterested party to receive information on the account. ITEM 8. Amend subrule 20.8(1) as follows: 20.8(1) Appropriate forms must be completed on paper, online or via telephone (whichever is applicable for the requested actions) to perform the actions set forth in and in accordance with the plan disclosure documents. Current forms are available online at IAble.gov. Among the actions which require the completion of an appropriate form are opening and closing an account, transferring ownership rights of an account to another person, changing investments, requesting a full or partial withdrawal, requesting a rollover, and assigning an authorized agentindividual. ITEM 9. Amend paragraph 20.9(1)"a" as follows: a. Freeze an account, suspend account services or do both: (1) if the plan administrator receives notice of a dispute regarding account assets or account ownership, including notice of the death of an account owner (until appropriate documentation is received and the plan administrator reasonably believes that it is lawful to transfer account ownership); (2) if the plan administrator reasonably believes a fraudulent transaction may occur or has occurred; or (3)in the event of a challenge to the authority of an individual to establish or act on an account; or (4) when a minor account owner reaches the age of majority (until appropriate documentation is received); ITEM 10. Rescind subrule 20.10(4). ITEM 11. Amend rule 781—20.11(12I), catchwords, as follows:781—20.11(12I) Substitution or change of beneficiary; balance transfer. ITEM 12. Adopt the following new subrule 20.11(3): 20.11(3) All or a portion of an account owner’s account balance may be transferred to another account within the plan but only during the life of the account owner. At the time of the transfer, the transferee must be an eligible individual and a member of the family of the transferor-account owner. ITEM 13. Rescind rule 781—20.12(12I) and adopt the following new rule in lieu thereof:781—20.12(12I) Transfer of account on death. The account owner has the right to designate a successor account owner in the event of the death of the account owner in accordance with these rules and the plan disclosure documents. 20.12(1) An account owner may designate a successor account owner to succeed to the ownership of the account upon the death of the account owner provided that the successor account owner must be another eligible individual who is a member of the family of the account owner. To designate a successor account owner at death, the account owner shall complete the appropriate form and provide any requested documentation. 20.12(2) Upon the death of the account owner, the successor account owner must notify the plan by submitting a completed participant enrollment form and a certified copy of the death certificate. The change in ownership of the account will become effective for the successor participant once this paperwork has been received and processed. The amount to be transferred is subject to payment of certain expenses as set forth in the Internal Revenue Code. ITEM 14. Amend rule 781—20.13(12I) as follows:781—20.13(12I) Qualified withdrawals. This rule establishes the procedures for the payment of qualified withdrawals. A qualified withdrawal is a withdrawal from an account that is used to pay for any qualified disability expenses of the account owner. 20.13(1) The account owner must initiatethe withdrawal for qualified disability expenses. The account owner must file the appropriate form with the plan administrator. 20.13(2) Qualified withdrawals will be paid as provided in the plan disclosure documents. 20.13(3) Each qualified withdrawal will be comprised partly of contributions and partly of earnings, based upon the same proportion that contributions and earnings comprise the account owner’s account at the time of the withdrawal. 20.13(4) Funds that are distributed toor for the benefit of an account owner shall be reported to the IRS on a 1099-Q in the tax year in which the withdrawal is made. The account owner will receive the 1099-Q for any withdrawals made to or as instructed by the account owner. The account owner receiving the 1099-Q must determine whether the withdrawal was made for a qualified disability expense or was a nonqualified withdrawal. ITEM 15. Amend rule 781—20.14(12I), introductory paragraph, as follows:781—20.14(12I) Nonqualified withdrawals and participation agreement cancellation. An account owner mayhas the exclusive right to cancel a participation agreementand may do so at will. This rule establishes the criteria for nonqualified withdrawals from an account or for the cancellation of a participation agreement. ITEM 16. Amend rule 781—20.15(12I) as follows:781—20.15(12I) Account statements. Account owners will receive quarterly account statements, which will include the total value of the account and a list of transactions within the account for that quarterly period. Account owners will receive account statements, transaction confirmations, and other personal correspondence in paper format unless the account owner signs up for electronic delivery.Fees may vary as provided in the disclosure documents depending on the method of delivery selected. ITEM 17. Amend rule 781—20.16(12I) as follows:781—20.16(12I) State tax treatment. The maximum amount that may be deducted per year for Iowa income tax purposes by an individual who is a resident of this state for contributions to an account shall not exceed the maximum deductible amount determined for the year pursuant to Iowa Code section 12D.3(1).The adjusted annual maximum shall be communicated to account owners in the plans and to the public in any reasonable manner determined by the plan administrator. State inheritance tax treatment of interests in the plan shall be as provided in Iowa Code section 450.4(9). [Filed 6/2/23, effective 8/2/23][Published 6/28/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 6/28/23.