CHAPTER 4BOARD ADMINISTRATIVE PROCESSES6454.1(17A) Definitions.
"Board" means the professional licensing board of any of the following: athletic training, barbering, behavioral science, chiropractic, cosmetology arts and sciences, dietetics, hearing aid specialists, massage therapy, mortuary science, nursing home administrators, optometry, physical and occupational therapy, physician assistants, podiatry, psychology, respiratory care, sign language interpreters and transliterators, social work, and speech pathology and audiology.
"Board office" means the office of the administrative staff of each professional licensing board.
"Department" means the department of public health.
"Disciplinary proceeding" means any proceeding under the authority of each board pursuant to which licensee discipline may be imposed.
"License" means a license to practice the specific practice governed by one of the boards defined in this chapter.
"Licensee" means a person licensed to practice the specific practice governed by one of the boards defined in this chapter.
"Overpayment" means payment in excess of the required fee. Overpayment of less than $10 received by the board shall not be refunded.Related ARC(s): 2151C6454.2(17A) Purpose of board. The purpose of each professional licensing board is to administer and enforce the provisions of Iowa Code chapters 17A, 21, 147, 272C and the practice-specific provisions in Iowa Code chapters 148A, 148B, 148C, 149, 151, 152A, 152B, 152C, 152D, 154, 154A, 154B, 154C, 154D, 154E, 155, 156, 157 and 158 applicable to each board. The mission of each professional licensing board is to protect the public health, safety and welfare by licensing qualified individuals who provide services to consumers and by fair and consistent enforcement of the statutes and rules of each board. Responsibilities of each professional licensing board include, but are not limited to: 4.2(1) Licensing qualified applicants by examination, renewal, endorsement, and reciprocity. 4.2(2) Developing and administering a program of continuing education to ensure the continued competency of individuals licensed by the board. 4.2(3) Imposing discipline on licensees as provided by statute or rule.6454.3(17A, 147, 272C) Organization of board and proceedings. 4.3(1) Each professional licensing board is composed of members appointed by the governor and confirmed by the senate as defined in Iowa Code chapter 147. 4.3(2) Each board shall elect a chairperson and vice chairperson from its membership at the first meeting after April 30 of each year. 4.3(3) Each board shall hold at least one meeting annually. 4.3(4) A majority of the members of each board shall constitute a quorum. 4.3(5) Board meetings shall be governed in accordance with Iowa Code chapter 21. 4.3(6) The professional licensure division shall furnish each board with the necessary facilities and employees to perform the duties required by this chapter and shall be reimbursed for all costs incurred from funds collected from licensure-related fees. 4.3(7) Each professional licensing board has the authority to: a. Develop and implement continuing education rules to ensure the continued competency of individuals licensed by the board. b. Establish fees. c. Establish committees of the board, the members of which shall be appointed by the board chairperson and shall not constitute a quorum of the board. The board chairperson shall appoint committee chairpersons. d. Hold a closed session if the board votes to do so in a public roll-call vote with an affirmative vote of at least two-thirds if the total board is present or a unanimous vote if fewer are present. The board will recognize the appropriate statute allowing for a closed session when voting to go into closed session. The board shall keep minutes of all discussion, persons present, and action occurring at a closed session and shall tape-record the proceedings. The records shall be stored securely in the board office and shall not be made available for public inspection. e. Investigate alleged violations of statutes or rules that relate to the practice of licensees upon receipt of a complaint or upon the board’s own initiation. The investigation will be based on information or evidence received by the board. f. Initiate and impose licensee discipline. g. Monitor licenses that are restricted by a board order. h. Establish and register peer reviewers. i. Refer complaints to one or more registered peer reviewers for investigation and review. The peer reviewers will review cases and recommend appropriate action. However, the referral of any matter shall not relieve the board of any of its duties and shall not divest the board of any authority or jurisdiction. j. Perform any other functions authorized by a provision of law.Related ARC(s): 7586B, 9768B6454.4(17A) Official communications. 4.4(1) All official communications, including submissions and requests, may be addressed to the specific professional licensing board, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. 4.4(2) Notice of change of address. Each licensee shall notify the board of a change of the licensee’s current mailing address within 30 days after the change of address occurs. 4.4(3) Notice of change of name. Each licensee shall notify the board in writing of a change of name within 30 days after changing the name.6454.5(17A) Office hours. The board office is open for public business from 8 a.m.to 4:30 p.m., Monday through Friday of each week, except holidays.6454.6(21) Public meetings. Members of the public may be present during board meetings unless the board votes to hold a closed session. Dates and location of board meetings may be obtained from the board’s website (www.idph.iowa.gov/licensure) or directly from the board office. 4.6(1) At every regularly scheduled board meeting, time will be designated for public comment. No more than ten minutes will be allotted for public comment at any one time unless the chairperson indicates otherwise. 4.6(2) Persons who have not asked to address the board during the public comment period may raise their hands to be recognized by the chairperson. Acknowledgment and an opportunity to speak will be at the discretion of the chairperson. 4.6(3) The person presiding at a meeting of the board may exclude a person from an open meeting for behavior that obstructs the meeting. 4.6(4) Cameras and recording devices may be used at open meetings, provided the cameras or recording devices do not obstruct the meeting. If the user of a camera or recording device obstructs the meeting by the use of such device, the person presiding at the meeting may request the user to discontinue use of the camera or device.6454.7(147) Licensure by reciprocal agreement. The board may enter into a reciprocal agreement with the District of Columbia or any state, territory, province or foreign country with equal or similar requirements for licensure of the specific professional board. The applicant shall take the examination required by the board.6454.8(147) Duplicate certificate or wallet card. 4.8(1) A duplicate wallet card or duplicate certificate shall be required if the current wallet card or certificate is lost, stolen or destroyed. A duplicate wallet card or a duplicate certificate shall be issued only under such circumstances. 4.8(2) A duplicate wallet card or duplicate certificate shall be issued upon receipt of the completed application for duplicate license and payment of the fee as specified in 645—Chapter 5. 4.8(3) If the board receives a completed application for a duplicate license stating that the wallet card or certificate was not received within 60 days after being mailed by the board, no fee shall be required for issuing the duplicate wallet card or duplicate certificate.6454.9(147) Reissued certificate or wallet card. The board shall reissue a certificate or current wallet card upon receipt of a written request from the licensee, return of the original document and payment of the fee as specified in 645—Chapter 5.6454.10(17A, 147, 272C) License denial. 4.10(1) When the board denies an applicant licensure, the board shall notify the applicant of the denial in writing by certified mail, return receipt requested, or in the manner of service of an original notice, and shall cite the reasons for which the application was denied. 4.10(2) An applicant who has been denied licensure by the board may appeal the denial and request a hearing on the issues related to the licensure denial by serving a written notice of appeal and request for hearing upon the board by certified mail, return receipt requested, not more than 30 days following the date of mailing of the notification of licensure denial to the applicant. The request for hearing shall specifically describe the facts to be contested and determined at the hearing. 4.10(3) If an applicant who has been denied licensure by the board appeals the licensure denial and requests a hearing pursuant to this rule, the hearing and subsequent procedures shall be held pursuant to the process outlined in Iowa Code chapters 17A and 272C and 645—Chapter 11.6454.11(272C) Audit of continuing education. The board may select licensees for audit following license renewal. 4.11(1) Licensees shall provide information to the board for auditing purposes as follows: a. The licensee shall provide an individual certificate of completion issued to the licensee or evidence of successful completion of the course from the course sponsor. These documents must contain the course date, title, contact hours, sponsor and licensee’s name. b. Information identified in paragraph 4.11(1)“a” must be submitted within 30 days after the date on the letter of notification of the audit. Extension of time may be granted on an individual basis. 4.11(2) For auditing purposes, all licensees must retain the information identified in paragraph 4.11(1)“a” for two years after the biennium has ended. 4.11(3) If the submitted materials are incomplete or unsatisfactory, the licensee may be given the opportunity to submit make-up credit to cover the deficit found through the audit. The deadline for receipt of the documentation for this make-up credit is 90 days from the date of mailing of the notice of deficit to the address of record at the board office. The license shall be re-audited following the next renewal period when make-up credit has been accepted. 4.11(4) Failure to notify the board of a current mailing address will not absolve the licensee from meeting the audit requirement.Related ARC(s): 9171B6454.12(272C, 83GA, SF2325) Automatic exemption. 4.12(1) A licensee shall be exempt from the continuing education requirement during the license biennium when the licensee: a. Served honorably on active duty in the military service; or b. Resided in another state or district having continuing education requirements for the profession and met all requirements of that state or district for practice therein; or c. Was a government employee working in the licensee’s specialty and assigned to duty outside the United States; or d. Was absent from the state but engaged in active practice under circumstances which are approved by the board. 4.12(2) Automatic exemptions for a funeral director are identified in rule 645— 102.5(83GA,SF2325).Related ARC(s): 9239B, 5189C6454.13(272C) Grounds for disciplinary action. The board may take formal disciplinary action on the following grounds:
- Failure to cooperate with a board audit.
- Failure to meet the continuing education requirement for licensure.
- Falsification of information on the license renewal form.
- Falsification of continuing education information.