Iowa Legislature: 03-24-2010

Bulletin 03-24-2010

Front matter not included

ARC 8616BAccountancy Examining Board[193A]Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 542.4, the Accountancy Examining Board hereby gives Notice of Intended Action to amend Chapter 12, “Fees,” Iowa Administrative Code. The proposed amendment to Chapter 12 implements a fee of $25 for the completion of Interstate Transfer Forms for examination candidates and licensees who wish to transfer grades or request letters of good standing. The fee will offset the administrative expenditures of completing these forms as necessary for the regulating of the accounting profession. This amendment is subject to waiver or variance pursuant to 193A—Chapter 5. Consideration will be given to all written suggestions or comments on the proposed amendment received on or before April 13, 2010. Comments should be addressed to Jodi Adams, Accountancy Examining Board, 1920 S.E. Hulsizer Road, Ankeny, Iowa 50021, or faxed to (515)281-7411. E-mail may be sent to jodi.adams@iowa.gov. This amendment is intended to implement Iowa Code chapters 17A, 272C, 542, and 546. The following amendment is proposed.

ITEM 1. Amend rule 193A—12.1(542), fee schedule, by adding the following new fee at the end thereof: Interstate Transfer Form$25ARC 8617BAccountancy Examining Board[193A]Notice of Intended Action

Pursuant to the authority of Iowa Code section 542.4, the Accountancy Examining Board hereby gives Notice of Intended Action to amend Chapter 12, “Fees,” Iowa Administrative Code. The proposed amendments to Chapter 12 reimplement the $100 reinstatement fees for lapsed CPA and LPA licenses and lapsed firm permits to practice. The fees were inadvertently left out during the previous rule making, which added the $25 per-month fee. (See ARC 7715B, IAB 4/22/09.) These amendments are subject to waiver or variance pursuant to 193A—Chapter 5. Consideration will be given to all written suggestions or comments on the proposed amendments received on or before April 13, 2010. Comments should be addressed to Jodi Adams, Accountancy Examining Board, 1920 S.E. Hulsizer Road, Ankeny, Iowa 50021, or faxed to (515)281-7411. E-mail may be sent to jodi.adams@iowa.gov. These amendments are intended to implement Iowa Code chapters 17A, 272C, 542, and 546. The following amendments are proposed.

ITEM 1. Amend rule 193A—12.1(542), fee schedule, by adding the following new fees at the end thereof: Reinstatement of lapsed CPA certificate or LPA license$100 + renewal fee + $25 per month of expired registration Reinstatement of lapsed firm permit to practice$100 + renewal fee + $25 per month of expired registration

ITEM 2. Amend subrules 12.2(1) and 12.2(2) as follows: 12 12.2 2(1) Reinstatement of a lapsed CPA certificate or LPA license. The fee for reinstatement of a lapsed CPA certificate or LPA license is $100 plus the renewal fee for applications to reinstate filed on or before June 30, 2009. The fee for the reinstatement of a lapsed CPA certificate or LPA license for applications filed on or after July 1, 2009, is $100 plus the renewal fee plus $25 per month of expired registration up to a maximum of $1,000. 12 12.2 2(2) Reinstatement of lapsed firm permit to practice. The fee for reinstatement of a lapsed CPA or LPA firm permit to practice is $100 plus the renewal fee for applications to reinstate filed on or before June 30, 2009. The fee for the reinstatement of a lapsed CPA or LPA firm permit to practice for applications filed on or after July 1, 2009, is $100 plus the renewal fee plus $25 per month of expired registration up to a maximum of $1,000.ARC 8619BHuman Services Department[441]Notice of Intended Action

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 75, “Conditions of Eligibility,” Iowa Administrative Code. The proposed amendments eliminate the requirement that all Medicaid applicants with parents absent from the home be referred for services from the Child Support Recovery Unit. Instead, referrals for support services will be made on a voluntary basis. The rule on noncooperation with medical support recovery is amended to provide that this determination must be made by the Child Support Recovery Unit, rather than the income maintenance worker, due to a change in federal law. A parent who is receiving cash assistance will lose assistance for the whole household by failure to cooperate with support recovery. However, federal Medicaid regulations do not allow a sanction on children’s assistance, and some major coverage groups are available to children only. In those cases, there is effectively no penalty for failure to cooperate. These amendments will reduce the number of child support recovery cases and concentrate recovery services on families that want support services. The Department does not expect Medicaid recoveries from third-party sources to be reduced as a result of this change. With the advent of insurance data matches, the Department has other sources for information about absent parents’ insurance. Requesting support recovery services does provide advantages to the client in locating parents, establishing paternity, and obtaining orders for cash and medical support. Also, when medical support is flagged by the Child Support Recovery Unit, the Department’s normal Medicaid requirements for billing third-party insurance first do not apply. A “pay and chase” procedure is applied, in which the Department pays the child’s claims and then seeks reimbursement from the absent parent’s insurance. When insurance coverage is identified through a data match, “pay and chase” applies only to prenatal care and preventive pediatric services (including pharmacy claims). These amendments do not provide for waivers in specified situations. Requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). Any interested person may make written comments on the proposed amendments on or before April 13, 2010. Comments should be directed to Mary Ellen Imlau, Bureau of Policy Coordination, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319-0114. Comments may be sent by fax to (515)281-4980 or by E-mail to policyanalysis@dhs.state.ia.us. These amendments are intended to implement Iowa Code section 249A.6. The following amendments are proposed.

ITEM 1. Rescind and reserve subrule 75.2(5).

ITEM 2. Amend subrules 75.14(1) and 75.14(2) as follows: 75 75.14 14(1) As a condition of eligibility, adult Medicaid applicants and members in households with an absent parent shall cooperate in obtaining medical support for each applicant or member as well asthemselves and for any other person in the household for whom Medicaid is requested and for whom the applicant or member can legally assign rights for medical support, except when the applicant or member has good cause as defined in subrule 75.14(8) for refusal to cooperate is establishedas defined in subrule 75.14(8). a. The adult applicant or member shall cooperate in the following: (1) Identifying and locating the parent of the child for whom Medicaid is requested. (2) Establishing the paternity of a child born out of wedlock for whom Medicaid is requested. (3) Obtaining medical support and payments for medical care for the applicant or member and for a child for whom Medicaid is requested. (4) Rescinded IAB 2/3/93, effective 4/1/93. b. Cooperation is defined as including the following actions by the adult applicant or member upon request: (1) Appearing at the income maintenance unit or the child support recovery unit to provide verbal or written information or documentary evidence known to, possessed by or reasonably obtainable by the applicant or member that is relevant to achieving the objectives of the child support recovery program. (2) Appearing as a witness at judicial or other hearings or proceedings. (3) Providing information, or attesting to the lack of information, under penalty of perjury. c. TheUpon request, the adult applicant or member shall cooperate with the department in supplying information with respect to the absent parent, the receipt of medical support or payments for medical care, and the establishment of paternity, to the extent necessary to establish eligibility for assistance and permit an appropriate referral to the child support recovery unit. d. TheUpon request, the adult applicant or member shall cooperate with the child support recovery unit to the extent of supplying all known information and documents pertaining to the location of the absent parent and taking action as may be necessary to secure medical support and payments for medical care or to establish paternity. This includes completing and signing documents determined to be necessary by the state’s attorney for any relevant judicial or administrative process. e. The income maintenancechild support recovery unit shall make the determination of whether or not the adult applicant or member has cooperated for the purposes of this rule. 75 75.14 14(2) Failure of thean adult applicant or member to cooperate shall result in denial or cancellation of the person’snoncooperating adult’s Medicaid benefits. In family medical assistance program (FMAP)-related Medicaid cases, all deductions and disregards described at paragraphs 75.57(2)“a,” “b,” and “c” shall be allowed when otherwise applicable.

ITEM 3. Rescind and reserve subrule 75.14(5).

ITEM 4. Amend subrule 75.14(7) as follows: 75.14(7) Notwithstanding subrule 75.14(6), any pregnant woman or previously pregnant woman establishing eligibility under subrule 75.1(28) or 75.1(24) shall not be exempt from the provisions of 75.14(4) and 75.14(5) whichthat require thean adult applicant or member to assign any rights to medical support and payments for medical care and to be referred to the child support recovery unit.

ITEM 5. Amend paragraph 75.55(2)"a" as follows: a. When necessary to establish eligibility, the department shall make the initial contact with the absent parent at the time of application. Subsequent contacts shallmay be made by the child support recovery unit.ARC 8622BLabor Services Division[875]Notice of Intended Action

Pursuant to the authority of Iowa Code section 89A.3, the Elevator Safety Board hereby gives Notice of Intended Action to amend Chapter 72, “Conveyances Installed On or After January 1, 1975,” Iowa Administrative Code. This amendment requires elevator hoistway door safety retainers for elevators installed between January 1, 1993, and December 31, 2000. The purpose of this amendment is to protect the health and safety of the public and implement legislative intent. If requested in accordance with Iowa Code section 17A.4(1)“b” by the close of business on April 13, 2010, a public hearing will be held on April 14, 2010, at 10 a.m. in the Capitol View Room at 1000 East Grand Avenue, Des Moines, Iowa. Interested persons will be given the opportunity to make oral statements and file documents concerning the proposed amendment. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should call (515)281-5915 in advance to arrange access or other needed services. Written data, views, or arguments to be considered in adoption shall be submitted by interested persons no later than April 14, 2010, to Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209. Comments may be sent electronically to kathleen.uehling@iwd.iowa.gov. This amendment is intended to implement Iowa Code chapter 89A. The following amendment is proposed.

ITEM 1. Amend paragraph 72.1(3)"a" as follows: a. ASME A17.1 shall mean ASME A17.1 (1990);and in addition shall mean the following: (1) ASME A17.1b (1993), Rule 110.11h, for electric elevators installed between July 1, 1993, and December 31, 2000, and (2) ASME A17.1b (1993), Rule 300.11, for hydraulic elevators installed between July 1, 1993, and December 31, 2000.ARC 8623BLabor Services Division[875]Notice of Intended Action

Pursuant to the authority of Iowa Code section 89A.3, the Elevator Safety Board hereby gives Notice of Intended Action to amend Chapter 73, “Conveyances Installed Prior to January 1, 1975,” Iowa Administrative Code. This amendment requires that owners retrofit certain elevators to ensure safe access to the machine’s governor for elevator inspectors and mechanics. The purpose of this amendment is to protect the health and safety of the public and implement legislative intent. If requested in accordance with Iowa Code section 17A.4(1)“b” by the close of business on April 13, 2010, a public hearing will be held on April 14, 2010, at 10:30 a.m. in the Capitol View Room at 1000 East Grand Avenue, Des Moines, Iowa. Interested persons will be given the opportunity to make oral statements and file documents concerning the proposed amendment. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should call (515)281-5915 in advance to arrange access or other needed services. Written data, views, or arguments to be considered in adoption shall be submitted by interested persons no later than April 14, 2010, to Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209. Comments may be sent electronically to kathleen.uehling@iwd.iowa.gov. This amendment is intended to implement Iowa Code chapter 89A. The following amendment is proposed.

ITEM 1. Adopt the following new subrule 73.14(9): 73.14(9) Access to a governor that is located inside a hoistway shall be provided in accordance with ASME A17.1-2007, Rule 2.7.6.3.4.ARC 8627BPUBLIC HEALTH DEPARTMENT[641]Notice of Intended Action

Pursuant to the authority of Iowa Code section 135.24, the Department of Public Health hereby gives Notice of Intended Action to rescind Chapter 88, “Volunteer Health Care Provider Program,” Iowa Administrative Code, and to adopt a new chapter with the same title. The new chapter provides the Department the ability to provide defense and indemnification to individual volunteer health care providers within a specialty health care provider office through the Volunteer Health Care Provider Program. The new chapter also provides clarification in identifying the individual volunteer health care provider, protected clinic, and sponsor entity. Definitions have been added to provide further clarification regarding the Volunteer Health Care Provider Program. Speech pathologists and audiologists have been added to receive defense and indemnification through the VHCPP as individual volunteer health care providers. Any interested person may make written comments on these proposed rules on or before April 15, 2010, addressed to Dawn Mouw, Division of Health Promotion and Chronic Disease Prevention, Department of Public Health, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0075; E-mail dawn.mouw@idph.state.ia.us. Also, a public hearing will be held on Thursday, April 15, 2010, from 9 to 10 a.m. on GoToMeeting. Interested persons may join the meeting by computer by accessing the following: https://www1.gotomeeting.com/join/272492433. The use of microphone and speakers (VoIP) or a headset is recommended. Or interested persons may join the meeting by telephone in the U.S. and Canada (toll-free) at 1-877-739-5902; the access code is 272-492-433 and an audio PIN will be shown after the person joins the meeting. Persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the rules. Any person who plans to participate in the public hearing and has special requirements, such as those related to hearing or mobility impairments, should contact the Department to advise of specific needs. These rules are intended to implement 2009 Iowa Code Supplement section 135.24. The following amendment is proposed.

ITEM 1. Rescind 641—Chapter 88 and adopt the following new chapter in lieu thereof: CHAPTER 88VOLUNTEER HEALTH CARE PROVIDER PROGRAM

641—88.1(135) Purpose. The volunteer health care provider program (VHCPP) is established to defend and indemnify eligible individual volunteer health care providers and protected clinics providing free health care services as provided in Iowa Code section 135.24 and these rules.

641—88.2(135) Definitions. For the purpose of these rules, the following definitions shall apply: "Charitable organization" means a charitable organization within the meaning of Section 501(c)(3) of the Internal Revenue Code. "Defend" means that the office of the attorney general shall provide the individual volunteer health care provider and protected clinic with legal representation at no cost to the individual volunteer health care provider or protected clinic. "Department" means the Iowa department of public health. "Field dental clinic" means a dental clinic temporarily or periodically erected at a location where mobile dental equipment, instruments, or supplies, as necessary, are utilized to provide dental service. "Free clinic" means a facility, other than a hospital or health care provider’s office, which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which has as its sole purpose the provision of health care services without charge to individuals who are otherwise unable to pay for the services. "Health care facility" means a residential care facility, a nursing facility, an intermediate care facility for persons with mental illness, or an intermediate care facility for persons with mental retardation. "Health care services" means services received from an individual volunteer health care provider at a protected clinic or sponsor entity, as provided in Iowa Code section 135.24 and these rules, and approved in a protection agreement or sponsor entity agreement. The agreement covers “health care services” that are volunteer, uncompensated services. For those services to qualify as volunteer, uncompensated services under this chapter, the individual volunteer health care provider, protected clinic, or sponsor entity must receive no compensation for any services provided under the agreement and must not bill or accept compensation from the person, or any public or private third-party payor, for the specific services provided by the individual volunteer health care provider covered by the agreement. "Indemnify" means that the state of Iowa shall pay all sums that the individual volunteer health care provider or protected clinic holding a protection agreement with the VHCPP is legally obligated to pay as damages because of any claim made against the individual volunteer health care provider or protected clinic which arises out of the provision of free health care services rendered or which should have been rendered by the individual volunteer health care provider or protected clinic. "Individual volunteer health care provider" means any one of the following health care providers who has a fully executed protection agreement with the VHCPP: an emergency medical care provider certified pursuant to Iowa Code chapter 147A; a physician licensed pursuant to Iowa Code chapter 148; a physical therapist licensed pursuant to Iowa Code chapter 148A; an occupational therapist licensed pursuant to Iowa Code chapter 148B; a physician assistant licensed pursuant to Iowa Code chapter 148C and practicing under the supervision of a physician; a podiatrist licensed pursuant to Iowa Code chapter 149; a chiropractor licensed pursuant to Iowa Code chapter 151; a respiratory therapist licensed pursuant to Iowa Code chapter 152B; an advanced registered nurse practitioner, a licensed practical nurse or a registered nurse licensed pursuant to Iowa Code chapter 152 or 152E; a dentist, dental assistant, or dental hygienist licensed or registered pursuant to Iowa Code chapter 153; an optometrist licensed pursuant to Iowa Code chapter 154; a psychologist licensed pursuant to Iowa Code chapter 154B; a bachelor social worker, a master social worker, or an independent social worker licensed pursuant to Iowa Code chapter 154C; a marital and family therapist or mental health counselor licensed pursuant to Iowa Code chapter 154D; a speech pathologist or audiologist licensed pursuant to Iowa Code chapter 154F; or a pharmacist licensed pursuant to Iowa Code chapter 155A. "Iowa Specialty Referral Network" means the referral network established through the Iowa Collaborative Safety Net Provider Network. "Minor dental surgery" means the simple minimum invasive removal of decayed whole teeth by external instrument recovery or through a soft tissue incision, which may include the removal of a small foreign body and drainage of infection and small cysts; in addition, “minor dental surgery” may include the surgical removal of broken or decayed teeth at or below the gum line. "Primary dental care service" means all services within legal scope of practice rendered by a licensed general dentist with the exclusion of services requiring advanced training beyond the usual scope of general practice as delivered by a dental specialist as defined by Iowa law. These services are therapeutic with the purpose to eliminate disease with appropriate removal of diseased tissue or the complete restoration of tooth structure to appropriate function. “Primary dental care service” does not include cosmetic or elective services. Services are provided with the assurance of follow-up to address posttreatment complications and to ensure the completion of all services initiated under appropriate practice standards as established and enforced by the Iowa dental board. "Protected clinic" means field dental clinic, free clinic, or specialty health care provider office providing free care to the uninsured and underinsured. Each protected clinic has a signed protection agreement, which provides for defense and indemnification of the protected clinic. The protection agreement shall allow the protected clinic to deliver health care services to uninsured and underinsured persons as an agent of the state. "Protection agreement" means a signed contract providing for defense and indemnification between an individual volunteer health care provider or protected clinic and the volunteer health care provider program (VHCPP). This agreement shall allow the individual health care provider or protected clinic to deliver health care services to uninsured and underinsured persons as an agent of the state. The agreement covers “health services” that are volunteer, uncompensated services. For those services to qualify as volunteer, uncompensated services under this chapter, the individual health care provider and protected clinic must receive no compensation for any services provided under the agreement and must not bill or accept compensation from the person, or any public or private third-party payor, for the specific services provided by the individual volunteer health care provider covered by the agreement. "Specialty health care provider office" means the private office or clinic of an individual specialty health care provider or a group of specialty health care providers as referred by the Iowa Collaborative Safety Net Provider Network established in Iowa Code section 135.153 but does not include a field dental clinic, a free clinic, or a hospital. "Sponsor entity" "sponsor entity clinic" means a hospital, clinic, free clinic, health care facility, health care referral program, charitable organization or field dental clinic. Each sponsor entity has a fully executed sponsor entity agreement. The sponsor entity agreement shall allow an individual volunteer health care provider to deliver health care services to uninsured and underinsured persons as an agent of the state. "Sponsor entity agreement" means a signed contract between the VHCPP and a hospital, clinic, free clinic, health care facility, health care referral program, charitable organization, or field dental clinic allowing an individual volunteer health care provider to deliver free health care services through the VHCPP at the sponsor entity location. "Underinsured" means that a person does not have adequate insurance, which is determined on cost-exposure to family income with at least one of three indicators: (1) out-of-pocket medical expenses equal to or greater than 10 percent of income; (2) out-of-pocket medical expenses equal to or greater than 5 percent of income if income is less than 200 percent of the federal poverty level; and (3) health plan deductibles equal to or greater than 5 percent of income. "Volunteer health care provider program" "VHCPP" means the volunteer health care provider program of the department.

641—88.3(135) Eligibility for the volunteer health care provider program. 88.3(1) Individual volunteer health care provider eligibility. To be eligible for protection as an employee of the state under Iowa Code chapter 669 for a claim arising from covered health care services, an individual volunteer health care provider shall satisfy each of the following conditions at the time of the act or omission allegedly resulting in injury: a. The individual volunteer health care provider shall hold an active unrestricted license, registration, or certification to practice in Iowa under Iowa Code chapter 147A, 148, 148A, 148B, 148C, 149, 151, 152, 152B, 152E, 153, 154, 154B, 154C, 154D, 154F, or 155A. The individual volunteer health care provider shall provide a sworn statement attesting that the license, registration, or certification to practice is free of restrictions. The statement shall describe any disciplinary action that has ever been taken against the individual volunteer health care provider by any professional licensing, registering, or certifying authority or health care facility, including any voluntary surrender of license, registration, or certification or other agreement involving the individual volunteer health care provider’s license, registration, or certification to practice or any restrictions on practice, suspension of privileges, or other sanctions. The statement shall also describe any malpractice suits that have been filed against the individual volunteer health care provider. The statement provided by a pharmacist shall also describe any disciplinary action that has ever been taken against any pharmacy in which the pharmacist has ever been owner, partner, or officer. (1) Every physician and dentist shall authorize the release of information allowing certified statements to be sent to the medicine board or dental board from the National Practitioner Data Bank, the Federation of State Medical Boards Disciplinary Data Bank, or State Dental Boards Disciplinary Data Bank, as appropriate, setting forth any malpractice judgment or award or disciplinary action involving the physician or dentist. (2) Every physical therapist, occupational therapist, physician assistant, podiatrist, chiropractor, respiratory therapist, licensed practical nurse, registered nurse, advanced registered nurse practitioner, optometrist, psychologist, bachelor social worker, master social worker, independent social worker, marital and family therapist, mental health counselor, speech pathologist, and audiologist shall request certified statements directly from the National Practitioner Data Bank-Healthcare Integrity and Protection Data Bank setting forth any malpractice judgment or award or disciplinary action involving the requester, shall pay the cost for such certified statements and shall submit such certified statements as part of the VHCPP application. Every chiropractor shall also authorize the release of information allowing certified statements to be sent to the board of chiropractic from the Chiropractic Information Network-Board Action Databank (CIN-BAD) setting forth any malpractice judgment or award or disciplinary action involving the chiropractor. (3) Every pharmacist shall authorize the release of information allowing certified statements to be sent to the board of pharmacy from the National Association of Boards of Pharmacy setting forth any disciplinary action involving the pharmacist or any pharmacy in which the pharmacist has ever been owner, partner, or officer, and the pharmacist shall pay the cost for such certified statements. Every pharmacist shall also authorize the release of information from the pharmacist’s malpractice insurance carrier to be sent to the board of pharmacy, and the pharmacist shall pay the cost for such release. Information released from the pharmacist’s malpractice insurance carrier shall include the history and details of all claims that have been filed on behalf of the pharmacist or any pharmacy in which the pharmacist has ever been owner, partner, or officer, or confirmation that there have been no claims. (4) Every emergency medical care provider shall authorize the release of information allowing information to be sent from the bureau of emergency medical services to the VHCPP setting forth any malpractice judgment or award or disciplinary action involving the requester, and shall authorize the release of information allowing such information to be shared with the bureau of emergency medical services by licensing entities within and outside Iowa. b. Application. The applicant shall submit the following information on forms provided by the VHCPP: (1) The patients to be served; (2) The health care services to be provided; (3) The site where health care services are to be provided; (4) The days and maximum number of hours when the free health care services will be provided each week at each site; (5) The services that will be provided to those persons who are uninsured and underinsured for the public health purpose of improved health, prevention of illness/injury, and disease management. c. Agreement. The individual volunteer health care provider shall have a signed and current protection agreement with the VHCPP which identifies the covered health care services within the respective scope of practice and conditions of defense and indemnification as provided in rules 641—88.5(135) and 641—88.6(135). The protection agreement shall: (1) Provide that the individual volunteer health care provider shall perform only those health care services identified and approved by the VHCPP; (2) Identify the health care services to be provided by the sponsor entity or protected clinic which is approved by the VHCPP through an application process; (3) Identify by category the patient groups to be served; (4) Identify the sites at which the free health care services will be provided; (5) Identify the maximum amount of time the free health care services will be provided by the individual volunteer health care provider at the identified sites each week; (6) Provide that the individual volunteer health care provider shall maintain proper records of the health care services; (7) Provide that the individual volunteer health care provider shall make no representations concerning eligibility for the VHCPP or eligibility of services for indemnification by the state except as authorized by the department; (8) Provide that the individual volunteer health care provider shall cooperate fully with the state in the defense of any claim or suit relating to participation in the VHCPP, including attending hearings, depositions and trials and assisting in securing and giving evidence, responding to discovery and obtaining the attendance of witnesses; (9) Provide that the individual volunteer health care provider shall accept financial responsibility for personal expenses and costs incurred in the defense of any claim or suit related to participation in the VHCPP, including travel, meals, compensation for time and lost practice, and copying costs, and agree that the state will not compensate the individual volunteer health care provider for the individual volunteer health care provider’s expenses or time needed for the defense of the claim or suit; (10) Provide that the individual volunteer health care provider shall receive no direct monetary compensation of any kind for services provided in the VHCPP; (11) Provide that the individual volunteer health care provider shall comply with the protection agreement with the VHCPP concerning approved health care services. 88.3(2) Protected clinic eligibility. To be eligible for protection as a state agency under Iowa Code chapter 669 for a claim arising from the provision of covered health care services at a protected clinic, the protected clinic shall satisfy each of the following conditions at the time of the act or omission allegedly resulting in injury: a. The protected clinic shall comply with subrules 88.4(1) through 88.4(5). b. The protected clinic shall provide a list of all individual volunteer health care providers who provide health care services at the protected clinic. c. The protected clinic shall submit proof that each individual volunteer health care provider providing health care services at the protected clinic either: (1) Holds a current protection agreement with the VHCPP, or (2) Holds current professional liability insurance coverage and an active unrestricted license, registration, or certification to practice in Iowa under Iowa Code chapter 147A, 148, 148A, 148B, 148C, 149, 151, 152, 152B, 152E, 153, 154, 154B, 154C, 154D, 154F, or 155A. d. The protected clinic shall submit a list of the clinic board of directors and contact information for the board of directors. e. The protected clinic shall submit proof of IRC Section 501(c)(3) status. 88.3(3) Sponsor entity or sponsor entity clinic. As a condition of sponsoring individual volunteer health care providers in the VHCPP, a hospital, clinic, free clinic, health care facility, health care referral program, charitable organization, or field dental clinic shall comply with subrules 88.4(1) through 88.4(5).

641—88.4(135) Sponsor entity and protected clinic. 88.4(1) Licensure. The sponsor entity or protected clinic shall be licensed to the extent required by law for the facility in question. 88.4(2) If the sponsor entity or protected clinic is a charitable organization within the meaning of Section 501(c)(3) of the Internal Revenue Code, the sponsor entity or protected clinic shall provide proof of Section 501(c)(3) status to the VHCPP. 88.4(3) Application. The sponsor entity or protected clinic shall submit the following information on forms provided by the VHCPP: a. By category, the patient groups to be served; b. The health care services to be provided; c. The site where free health care services are to be provided; d. The days and times when health care services are to be provided at each site; e. The services that will be provided to those persons who are uninsured and underinsured for the public health purpose of improved health, prevention of illness/injury, and disease management. 88.4(4) Agreement. A signed and current sponsor entity agreement or protected clinic agreement shall exist with the VHCPP which shall: a. Provide that the individual volunteer health care provider within a sponsor entity or protected clinic shall perform only those health care services identified and approved by the VHCPP; b. Identify by category the patient groups to be served; c. Identify the sites at which the free health care services will be provided; d. Identify the days and times when health care services are to be provided at each site; e. Provide that the sponsor entity or protected clinic shall maintain proper records of health care services for a period of seven years from the date of service or, in the case of a minor, for a period of one year after the minor has reached the age of majority; and f. Provide that the sponsor entity agrees that only the individual volunteer health care provider or protected clinic is afforded protection under Iowa Code section 135.24 and that the state assumes no obligation to the sponsor entity, its employees, officers, or agents. The sponsor entity or protected clinic shall submit a statement, which shall be submitted on forms provided by the VHCPP, attesting that the sponsor entity or protected clinic and its staff, employees and volunteers agree to: (1) Cooperate fully with the state in the defense of any claim or suit relating to participation in the VHCPP, including attending hearings, depositions and trials and assisting in securing and giving evidence, responding to discovery and obtaining the attendance of witnesses; (2) Accept financial responsibility for the sponsor entity’s or protected clinic’s expenses and costs incurred in the defense of any claim or suit related to participation in the VHCPP, including travel, meals, compensation for time and lost practice, and copying costs, and agree that the state will not compensate the sponsor entity or protected clinic for expenses or time needed for the defense of the claim or suit; (3) Receive no direct monetary compensation of any kind for health care services provided in the sponsor entity or protected clinic; (4) Comply with the sponsor entity agreement or protected clinic agreement with the VHCPP concerning approved health care services. 88.4(5) General liability insurance. The sponsor entity or protected clinic shall submit proof of general liability insurance for the clinic site.

641—88.5(135) Covered health care services. An individual volunteer health care provider holding a current protection agreement with the VHCPP shall be afforded the protection of an employee of the state under Iowa Code chapter 669, and a protected clinic holding a current protection agreement with the VHCPP shall be afforded protection as an agency of the state under Iowa Code chapter 669, only for claims for injury alleged to have been proximately caused by an individual volunteer health care provider’s provision of covered health care services or solely on the basis of the individual volunteer health care provider’s participation in the sponsor entity or protected clinic. 88.5(1) Covered health care services are only those that are: a. Identified in the protection agreement with the VHCPP; b. In compliance with these rules; c. Provided by or under the direct supervision of the individual volunteer health care provider; d. Health care services of: (1) Advanced registered nurse practitioners for: well-child examinations; annual adult examinations; diagnosis and treatment of acute and chronic conditions; health education; health maintenance; immunizations; and minor surgical procedures. (2) Audiologists for: testing, measurement and evaluation related to hearing and hearing disorders and associated communication disorders for the purpose of nonmedically identifying, preventing, modifying or remediating such disorders and conditions including the determination and use of appropriate amplification; patient instruction/counseling; patient habilitation/rehabilitation; and referrals. (3) Bachelor social workers for: psychosocial assessment and intervention through direct contact with clients; referral to other qualified resources for assistance; performance of social histories; problem identification; establishment of goals and monitoring of progress; interviewing techniques; counseling; social work administration; supervision; evaluation; interdisciplinary consultation and collaboration; and research of service delivery, including development and implementation of organizational policies and procedures in program management. (4) Chiropractors for: examinations; diagnosis and treatment; health education; and health maintenance. (5) Dental assistants for: intraoral services; extraoral services; infection control; radiography; and removal of plaque or stain by toothbrush, floss, or rubber cup coronal polish. (6) Dental hygienists for: assessments and screenings; health education; health maintenance; and preventive services (cleaning, X-rays, sealants, fluoride treatments, fluoride varnish). (7) Dentists for: primary dental care services and minor dental surgery. (8) Emergency medical care providers for: airway/ventilation/oxygenation; assisted medications - patient’s; cardiovascular/circulation; immobilization; IV initiation/maintenance/fluids; and medication administration - routes. (9) Independent social workers for: psychosocial assessment, diagnosis, and treatment; performance of psychosocial histories; problem identification; evaluation of symptoms and behavior; assessment of psychosocial and behavioral strengths and weaknesses and effects of the environment on behavior; psychosocial therapy; differential treatment planning; and interdisciplinary consultation. (10) Licensed practical nurses for: supportive or restorative care. (11) Marital and family therapists for: marital and family therapy; and application of counseling techniques in the assessment and resolution of emotional conditions. (12) Master social workers for: psychosocial assessment, diagnosis, and treatment; performance of psychosocial histories; problem identification; evaluation of symptoms and behavior; assessment of psychosocial and behavioral strengths and weaknesses and effects of the environment on behavior; psychosocial therapy; differential treatment planning; and interdisciplinary consultation. (13) Mental health counselors for: mental health counseling; and counseling services involving assessment, referral and consultation. (14) Occupational therapists for: evaluation and treatment of problems interfering with functional performance in persons impaired by physical illness or injury, emotional disorder, congenital or developmental disability or the aging process. (15) Pharmacists for: drug dispensing; patient counseling; health screenings and education; and immunizations. (16) Physical therapists for: interpretation of performance, tests, and measurements; evaluation and treatment of human capabilities and impairments; use of physical agents, therapeutic exercises, and rehabilitative procedures to prevent, correct, minimize, or alleviate a physical impairment; establishment and modification of physical therapy program, treatment planning, and patient instruction/education. (17) Physicians and physician assistants for: well-child examinations; annual adult examinations; diagnosis and treatment of acute and chronic conditions; health education; health maintenance; immunizations; and minor surgical procedures. (18) Psychologists for: counseling and the use of psychological remedial measures with persons with adjustment or emotional problems. (19) Optometrists for: examinations; diagnosis and treatment of the human eye and adnexa; health education; and health maintenance. (20) Podiatrists for: examinations; diagnosis and treatment; health education; health maintenance; and minor surgical procedures. (21) Registered nurses for: well-child examinations; annual adult examinations; treatment of acute and chronic conditions; health education; health maintenance; and immunizations. (22) Respiratory therapists for: diagnostic and therapeutic use of administration of medical gases, aerosols, and humidification, not including general anesthesia; pharmacologic agents relating to respiratory care procedures; bronchopulmonary hygiene; specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, monitoring, treatment, and research of cardiopulmonary abnormalities; and pulmonary function testing. (23) Speech pathologists for: testing, measurement and evaluation related to the development and disorders of speech, fluency, voice or language for the purpose of nonmedically preventing, ameliorating, modifying or remediating such disorders and conditions; patient instruction/counseling; patient habilitation/rehabilitation; and referrals. 88.5(2) Experimental procedures or procedures and treatments which lack sufficient evidence of clinical effectiveness are excluded from the VHCPP. 88.5(3) Patient referral to the specialty health care provider office shall be made solely by the Iowa Specialty Referral Network.

641—88.6(135) Defense and indemnification. The state shall defend and indemnify an individual volunteer health care provider or a protected clinic for a claim arising from the VHCPP only to the extent provided by Iowa Code chapter 669 and Iowa Code section 135.24. Persons or entities other than the participating individual volunteer health care provider or protected clinic are not considered state employees or state agencies under Iowa Code chapter 669. Defense and indemnification of the individual volunteer health care provider or a protected clinic under Iowa Code chapter 669 and Iowa Code section 135.24 shall occur only if all of the following requirements are met: 88.6(1) The claim involves injury alleged to have been proximately caused by health care services which were identified and approved in the protection agreement with the VHCPP and then only to the extent the health care services were provided by or under the direct supervision of the individual volunteer health care provider, including claims based on negligent delegation of health care, or the individual volunteer health care provider is named as a defendant solely because of the individual volunteer health care provider’s participation in the protected clinic or sponsor entity clinic. 88.6(2) The claim arises from covered health care services that were performed at a site identified and approved in the protection agreement with the VHCPP. 88.6(3) The claim arises from covered health care services provided through a protected clinic or sponsor entity clinic identified and approved in the individual volunteer health care provider’s protection agreement with the VHCPP and which meets the requirements of rule 641—88.3(135). 88.6(4) The individual volunteer health care provider, protected clinic, or sponsor entity clinic that provided the health care services receives no direct monetary compensation of any kind and no promise to pay compensation for the health care services which allegedly resulted in injury. 88.6(5) The health care services are provided to a patient who is a member of a patient group identified in the protection agreement with the VHCPP. 88.6(6) The individual volunteer health care provider, protected clinic, or sponsor entity clinic is eligible and registered as provided in rule 641—88.3(135) or the care is provided by an individual volunteer health care provider who holds current professional liability insurance coverage and an active unrestricted license to practice in Iowa under Iowa Code chapter 147A, 148, 148A, 148B, 148C, 149, 151, 152, 152B, 152E, 153, 154, 154B, 154C, 154D, 154F, or 155A and has been approved by the VHCPP.

641—88.7(135) Term of agreement. 88.7(1) Individual volunteer health care provider. The protection agreement with the VHCPP shall expire two years from the date of execution. Individual volunteer health care providers may apply for renewal by filing an application at least 30 days prior to expiration of the protection agreement. 88.7(2) Protected clinic. The protection agreement with the VHCPP shall expire two years from the date of execution. The protected clinic may apply for renewal by filing an application at least 30 days prior to expiration of the protection agreement. 88.7(3) Sponsor entity. The sponsor entity agreement with the VHCPP shall expire two years from the date of execution. Sponsor entities may apply for renewal by filing an application at least 30 days prior to expiration of the sponsor entity agreement.

641—88.8(135) Reporting requirements and duties. 88.8(1) Upon obtaining knowledge or becoming aware of any injury allegedly arising out of the negligent rendering of, or the negligent failure to render, covered health care services under the VHCPP, a participating individual volunteer health care provider, protected clinic, or sponsor entity shall provide written notice to the VHCPP, as soon as practicable, containing, to the extent obtainable, the circumstance of the alleged injury, the names and addresses of the injured, and any other relevant information. 88.8(2) Upon obtaining knowledge or becoming aware of an injury as defined in subrule 88.8(1), the participating protected clinic or sponsor entity shall promptly take all reasonable steps to prevent further or other injury from arising out of the same or similar incidents, situations or conditions. 88.8(3) A participating individual volunteer health care provider, protected clinic, or sponsor entity shall immediately notify the Iowa Department of Justice, Special Litigation Division, Hoover State Office Building, Des Moines, Iowa 50319, of service or receipt of an original notice, petition, suit or claim seeking damages from the individual volunteer health care provider, protected clinic or sponsor entity related to participation in the VHCPP.

641—88.9(135) Revocation of agreement. The VHCPP may suspend, revoke, or condition the protection of an individual volunteer health care provider, protected clinic or sponsor entity for cause, including but not limited to:

Failure to comply with the protection agreement or sponsor entity agreement with the VHCPP.
Violation of state law governing the respective scope of practice or other law governing the health care services provided under the VHCPP.
Making false, misleading, or fraudulent statements in connection with the VHCPP, including determination of eligibility of the individual volunteer health care provider, protected clinic, or sponsor entity or handling of a claim against the individual volunteer health care provider, protected clinic, sponsor entity or the state.
Evidence of substance abuse or intoxication affecting the provision of health care services under the VHCPP.
Reasonable grounds to believe that the individual volunteer health care provider may have provided incompetent or inadequate care to a patient under the VHCPP or is likely to do so.
Reasonable grounds to believe that the individual volunteer health care provider’s, protected clinic’s, or sponsor entity’s participation in the VHCPP may expose the state to undue risk.
Failure to immediately notify the VHCPP of any disciplinary action brought against the individual volunteer health care provider by the applicable state licensing board.

641—88.10(135) Procedure for revocation of agreement. A proceeding for revocation of an individual volunteer health care provider’s protection agreement or a protected clinic’s protection agreement or a sponsor entity’s agreement for participation shall be conducted as a contested case proceeding pursuant to Iowa Code chapter 17A and 641—Chapter 173. Iowa Code section 17A.18 does not preclude emergency summary suspension of a protection agreement or a sponsor entity agreement. The VHCPP shall immediately notify the appropriate licensing board and the appropriate protected clinic or sponsor entity of revocation of an individual volunteer health care provider’s protection agreement.

641—88.11(135) Effect of suspension or revocation. If the VHCPP suspends or revokes an individual volunteer health care provider’s protection agreement, sponsor entity agreement, or protected clinic’s protection agreement, the action shall suspend or revoke future protection but shall not negate defense and indemnification coverage for covered acts or omissions which occurred during the effective dates of the protection agreement.

641—88.12(135) Protection denied. 88.12(1) Protection denied—appeal procedure. An applicant who has been denied protection by the VHCPP may appeal the denial and request a hearing on the issues related to the denial by serving a notice of the appeal and request for hearing to the Director, Iowa Department of Public Health, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319-0075, in writing, not more than 30 days following the date of the mailing of the notification of protection denial to the applicant or not more than 30 days following the date upon which the applicant was served notice if notification was made in the manner of service of an original notice. The request for hearing shall specifically delineate the facts to be contested and determined at the hearing. 88.12(2) Protection denied—hearing. If an applicant who has been denied protection by the VHCPP appeals the protection denial and requests a hearing pursuant to subrule 88.12(1), the hearing and subsequent procedures shall be conducted pursuant to Iowa Code chapter 17A and 641—Chapter 173.

641—88.13(135) Board notice of disciplinary action. The applicable state licensing board shall notify the VHCPP of the initiation of a contested case against a protected individual volunteer health care provider or the imposition of disciplinary action, including providing copies of any contested case decision or settlement agreement with the protected individual volunteer health care provider upon request of the VHCPP.

641—88.14(135) Effect of eligibility protection. A fully executed protection agreement of an individual volunteer health care provider or protected clinic as eligible for participation in the VHCPP by the applicable state licensing board and the department is solely a determination that the state will defend and indemnify the individual volunteer health care provider or the protected clinic to the extent provided by Iowa Code section 135.24 and these rules. The protection is not an approval or indication of ability or competence and may not be represented as such. The protected clinic or sponsor entity through which the individual volunteer health care provider provides free health care services shall retain responsibility for determining that health care personnel are competent and capable of adequately performing the health care services to be provided.

641—88.15(135) Reporting by a protected clinic or sponsor entity. A reporting form will be provided by the VHCPP to the participating protected clinic or sponsor entity at the time the protected clinic or sponsor entity agreement is approved by the VHCPP. Within 60 days following each calendar quarter, the protected clinic or sponsor entity shall provide a report to the VHCPP. At a minimum, the report shall include the number of clinic patients receiving free health care services and patient demographics by age, ethnicity, and insurance status. These rules are intended to implement Iowa Code section 135.24.ARC 8628BPublic Health Department[641]Notice of Intended Action

Pursuant to the authority of Iowa Code section 125.7 and 2009 Iowa Code Supplement section 135.150(1)“b,” the Department of Public Health gives Notice of Intended Action to amend Chapter 155, “Licensure Standards for Substance Abuse Treatment Programs,” and to rescind Chapter 162, “Licensure Standards for Problem Gambling Treatment Programs,” Iowa Administrative Code. The proposed amendments provide the Department the ability to license problem gambling and substance abuse treatment programs in Iowa with one set of standards, one licensure survey, comprehensive technical assistance, and appropriately credentialed counselors. These rules are subject to waiver pursuant to 641—Chapter 178. Any interested person may make written comments on these proposed amendments on or before April 13, 2010, addressed to Bob Kerksieck, Division of Behavioral Health, Department of Public Health, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0075; E-mail rkerksie@idph.state.ia.us. Also, a public hearing will be held in Room 518 of the Lucas State Office Building, Des Moines, Iowa, on Tuesday, April 13, 2010, from 11 a.m. to 12 noon, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments. Any person who plans to attend the public hearing and has special requirements, such as those related to hearing or mobility impairments, should contact the Department to advise of specific needs. These amendments are intended to implement Iowa Code chapter 125 and 2009 Iowa Code Supplement section 135.150. The following amendments are proposed.

ITEM 1. Amend 641—Chapter 155, title, as follows:LICENSURE STANDARDS FOR SUBSTANCE ABUSE AND PROBLEM GAMBLING TREATMENT PROGRAMS

ITEM 2. Amend rules 641—155.1(125) to 641—155.16(125), 641—155.18(125) to 641—155.25(125) and 641—155.35(125), parenthetical implementation, as follows:(125,135)

ITEM 3. Amend the following definitions in rule 641—155.1(125,135): "Acute intoxication or withdrawal potential" is a category to be considered in the ASAM-PPC-2R client/patient placement, continuing service and discharge criteria. This category evaluates client/patient’s current status of intoxication and potential for withdrawal complications as it impacts on level of care decision making. Historical information about client/patient’s withdrawal patterns may also be considered. "Admission criteria" means specific ASAM-PPC-2R criteria to be considered in determining appropriate client/patient placement and resultant referral to a level of care (substance abuse treatment only). Criteria vary in intensity and are organized into six categories: acute intoxication or withdrawal potential, biomedical conditions or complications, emotional/behavioral conditions or complications, treatment resistance/acceptance, relapse potential, and recovery environmentto be used by treatment programs for assessment and treatment planning. "Applicant" means any substance abuse treatment program which has applied for a license or renewal thereof. "Application" means the process through which a substance abuse treatment program applies for a license or renewal as outlined in the application procedures. "Biomedical conditions and complications" means one category to be considered in the ASAM-PPC-2R client/patient placement, continuing service and discharge criteria. This category evaluates client/patient’s current physical condition as it impacts on level of care decision making. Historical information on client/patient’s medical/physical functioning may also be considered. This category includes biological and physical aspects of the medical assessment and treatment of a patientclient/patient. In addiction treatment, the physicalPhysical problems may be the direct result of thea substance use disorder, or be independent of and interactive with themsuch a disorder, thus affecting the total treatment plan and prognosis. "Client/patient" means an individual who hasis a substance abuse problemabuser or a problem gambler or is chemically dependent, has been assessed as appropriate for services, and for whom screening procedures have been completed. "Clinical oversight" means oversight provided by an individual who, by virtue of education, training and experience, is capable of assessing the psychosocial history of a substance abuserclient/patient to determine the most appropriate treatment plan most appropriate for the client/patient. The person providing oversight shall be designated by the applicanttreatment program. "Concerned family member or concerned person" "concerned person" means an individual who is seeking treatment services due to problems arising from the person’s involvement or association with a substance abuser,or chemically dependent individual, problem gambler or client/patient, and who is negatively affected by the behavior of the substance abuser, chemically dependent individual, problem gambler or client/patient. "Continuing care" means a Level I service of the ASAM-PPC-2R client/patient placement criteria, which provides a specific period of structured therapeutic involvement designed to enhance, facilitate and promote transition from primary care to ongoing recovery. Continuing service reviews will not be required or applicable to Level I continuing care/aftercare client/patients. Also, thereThere shall not be any required frequency of review for continuing servicecare or frequency of review of treatment plan by client/patient and counselor. "Continuum of care" means a structure of interlinked treatment modalities and services designed so that an individual’sa client/patient’s changing needs will be met as that individualthe client/patient moves through the treatment and recovery process. "Counselor" means an individual who, by virtue of education, training or experience, provides treatment, which includes advice, opinion, or instruction to an individual or in a group setting to allow an opportunity for a person to explore the person’s problems related directly or indirectly to substance abuse,orchemical dependence or problem gambling. "Division" means the division of behavioral health and professional licensure. "Emotional, behavioral or cognitive conditions and complications" is a category to be considered in the ASAM-PPC-2R client/patient placement and continuing service criteria. This category evaluates client/patient’s current emotional, behavioral, and cognitive status as it impacts on level of care decision making. Emotional, behavioral or cognitive status may include, but is not limited to, psychiatric conditions, psychological or emotional/behavioral complications, poor impulse control, changes in mental status, or transient neuropsychiatric complications and the behavior that accompanies or follows these emotional states. Historical information on client/patientclient/patient’s emotional/behavioral functioning may also be considered. "Extended outpatient treatment" means a Level I service of the ASAM-PPC-2R client/patient placement criteria, which is an organized, nonresidential service. ServicesExtended outpatient treatment services usually are provided in regularly scheduled sessions which do not exceedinclude less than nine treatment hours a week for adults or less than six treatment hours a week for adolescents. For problem gambling client/patients, extended outpatient treatment services may be offered in conjunction with transitional housing. "Facility" means a hospital, detoxification center, institution or program licensed under Iowa Code section 125.13 or 2009 Iowa Code Supplement section 135.150 providing care, maintenance and treatment for substance abusersclient/patients. Facility also includes the physical areas such as grounds, buildings, or portions thereof under direct administrative control of the program. "Intensive outpatient treatment (Level II.1)" means intensive outpatient programs (IOP) that provide a minimum of nine hours for adults or a minimum of six hours for adolescents of structured programming per week, consisting primarily of counseling and education focused on alcohol and other drug problems. IOP differs from partial hospitalization (Level II.5) in the intensity of clinical services that are directly available. Specifically, an IOP has less capacity to effectively treat individuals who have substantial medical and psychiatric problems.For problem gambling client/patients, the service may be offered in conjunction with transitional housing. "Iowa board of substance abuse certification" means the professional certification board that certifies substance abuse counselors and prevention specialists, problem gambling treatment specialists and other addiction treatment specialists in the state of Iowa. "Licensure" means the issuance of a license by the department and the board which validates the licensee’s compliance with substance abusetreatment program standards and authorizes the licensee to operate a substance abuse treatment program in the state of Iowa. "Management of care" means the process to ensure the appropriate level of care is utilized by implementing ASAM-PPC-2R criteria during the placement screening, continuing service and discharge process. This process includes discharge planning that begins at admission to meet the immediate, ongoing and posttreatment needs of the client/patient. "Outreach" means public speaking engagements and other similar activities and functions that inform the public of available programs and services offered by a substance abuse treatment program. In addition, outreach is a process or series of activities that identifies individuals in need of services, engages them and links the individual in need of servicesthem with the most appropriate resource or service provider. Such activities may include, but are not limited to, the following: individual client/patient recruitment through street outreach and organized informational sessions at churches, community centers, recreational facilities, and community service agencies. "Primary care modality" means a substance abuse treatment component or modality including continuing care, halfway house, extended outpatient treatment, intensive outpatient treatment, primary extended residential treatment, medically monitored intensive inpatient treatment, and medically managed intensive inpatient treatment services. "Readiness to change" is a category to be considered in the ASAM-PPC-2R client/patient placement criteria. This category evaluates the client/patient’s current emotional and cognitive awareness of the need to change and the client/patient’s level of commitment to change. It includes the client/patient’s awareness of the relationship of alcohol or other drug use to negative consequences. "Recovery/living environment" is a category to be considered in the ASAM-PPC-2R client/patient placement criteria. This category evaluates client/patient’s current recovery/living environment as it impacts on level of care decision making and treatment planning. Recovery/living environment may include, but is not limited to, current relationships and degree of support for recovery, current housing, employment situation, and availability of alternatives. Historical information on client/patient’s recovery/living environment may also be considered. "Relapse" means progressive irresponsible, inappropriate and dysfunctional behavior patterns that could lead to resumption of alcohol or drug use or problem gambling. “Relapse” also refers to the resumption of alcohol or drug use or problem gambling. "Relapse, continued-use or continued-problem potential" is a category to be considered in the ASAM-PPC-2R client/patient placement and continuing service criteria. This category evaluates client/patient’s current factors that contribute to relapse potential as it impacts on level of care decision making and treatment planning. Relapse potential may include, but is not limited to, current statements by client/patient about relapse potential, reports from others on potential for client/patientclient/patient’s relapse, and assessment by clinical staff. Historical information on client/patient’s relapse potential may also be considered. This category may include the client/patient’s understanding of skills in coping with addictive or mental disorders, recognition of relapse triggers, skills to control impulses and ways to cope with cravings to userelapse potential. "Residential program" means a 24-hour, live-in, seven-day-a-week substance abuse treatment program facility offering intensive rehabilitation services to individuals who are considered unable to live or work in the community due to social, emotional, or physical disabilities resulting from substance abuse or problem gambling. The ASAM-PPC-2R levels of care may include III.1, III.3, III.5 or III.7. "Staff" means any individual who provides services to the treatment program on a regular basis as a paid employee, agent,or consultant, or as a volunteer. "Standards" means specifications representing the minimal characteristics of a substance abuse treatment program which are acceptable for the issuance of a license. "Treatment" means the broad range of planned and continuing, inpatient, outpatient, and residential care services, including diagnostic evaluation, counseling, and medical, psychiatric, psychological, and social service care, which may be extended to substance abusers, problem gamblers, concerned persons, concerned family members, or significant others, and which. Treatment is geared toward influencing the behavior of such individuals to achieve a state of rehabilitation. "Treatment supervisor" means an individual who, by virtue of education, training or experience, is capable of assessing the psychosocial history of a substance abuserclient/patient to determine the treatment plan most appropriate for the client/patient. This person shall be designated by the applicanttreatment program.

ITEM 4. Adopt the following new definitions in rule 641—155.1(125,135): "HIPAA" means the Health Insurance Portability and Accountability Act of 1996. "OWI" means operating while intoxicated, in violation of Iowa Code chapter 321J. "Primary scope of practice" means the area in which a counselor maintains a professional license or certification. "Problem gambling" means a pattern of gambling behavior which may compromise, disrupt or damage family, personal or vocational pursuits. "Recovery oriented system of care" means person-centered and self-directed approaches to care that build on the strengths and resilience of individuals, families and communities to take responsibility for their sustained health, wellness, and recovery from mental illness, alcohol and drug problems, and problem gambling. A recovery oriented system of care offers a comprehensive menu of services and supports that can be combined and readily adjusted to meet the individual’s needs and chosen pathway to recovery. "Specialized certification" means a substance abuse- or problem gambling-related credential acceptable to the department for providing treatment according to these rules. "Subspecialty" means a secondary scope of practice, either substance abuse treatment or problem gambling treatment, approved in accordance with these rules. To maintain expertise within the subspecialty, the counselor shall complete a minimum of an additional 20 hours of training within the subspecialty every two years. "Transitional housing" means housing that may be offered to individuals who are problem gamblers and who have no other housing alternatives or whose housing alternatives are not conducive to problem gambling recovery. Transitional housing shall be offered with Level I problem gambling treatment services. "Treatment program" means a program licensed under these rules. A treatment program may be a substance abuse treatment program, a problem gambling treatment program, or a substance abuse and problem gambling treatment program.

ITEM 5. Amend rule 641—155.2(125,135) as follows:

641—155.2(125,135) Licensing. A single license will be issued to each qualifying substance abuse treatment program. The license will delineate one or more categories of services the program is authorized to provide. Although a program may have more than one facility, only one license will be issued to the program. The categories of services for which licenses will be issued are:

Narcotic detoxification/chemical substitute, antagonist maintenance chemotherapy;
Assessment and evaluation;
OWI correctional residential;
OWI correctional outpatient;
Correctional residential treatment;
Correctional outpatient treatment;
Medically managed intensive inpatient services: Level IV;
Residential/inpatient services: Levels III.1, III.3, III.5 and III.7;
Intensive outpatient/partial hospitalization services: Levels II.1 and II.5; and
Outpatient extended and continuing care services: Level I.; and
Substance abuse treatment, problem gambling treatment, or combined substance abuse and problem gambling treatment.

ITEM 6. Amend rule 641—155.4(125,135) as follows:

641—155.4(125,135) Nonassignability; program closure. 155.4(1) A license issued by the department for the operation of a substance abusetreatment program applies both to the applicant program and the premises upon which the program is to be operated. Licenses are not transferable. 155.4(2) A discontinued program is one which has terminated itsthe services for which it has been licensed. When a program is discontinued, its current license is void immediately and shall be returned to the department. 155.4(3) Any person or other legal entity acquiring a licensed facility for the purpose of operating a substance abusetreatment program shall make an application as providedapply for a new license. 155.4(4) Similarly, anyAny person or legal entity having acquired a license and desiring to fundamentally alter the treatment philosophy or transfer to a different premises must notify the board 30 days prior to said action in order for the department to review the site change and to determine appropriate action. 155.4(5) A licensee shall, if possible, notify the department of impending closure of the licensed program at least 30 days prior to such closure. The licensee shall be responsible for the removal and placement of patients or clientsclient/patients and for the preservation of all records. Upon closing all facilities and terminating all service delivery activities, the licensee shall immediately return the license to the department.

ITEM 7. Amend subrule 155.5(1) as follows: 155.5(1) Application information for comprehensive programs. An applicant for licensure shall submit the following information on forms available at the Iowa Department of Public Health, Division of Behavioral Health and Professional Licensure, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0075. a. The name and address of the applicant substance abuse treatment program. b. The name and address of the executive director of such substance abuse treatment program. c. The names, titles, dates of employment, education, and years of current job-related experience of staff and a copy of the table of organization. Where multiple components and facilities exist, the relationship between components and facilities must be shown, as well as a description of the screening and training process for volunteer workers. d. The names and addresses of members of the governing body, sponsors, or advisory boards of such substance abuse treatment program and current articles of incorporation and bylaws. e. The names and addresses of all physicians, other professionally trained personnel, medical facilities, and other individuals or organizations with whom the substance abuse treatment program has a direct contractual or affiliation agreement. f. A description of the treatment services provided by the substance abuse treatment program and a description of weekly activities for each treatment modality or component. g. Copies of reports substantiating compliance with federal, state and local rules and laws for each facility, to include appropriate Iowa department of inspections and appeals rules, state fire marshal’s rules and fire ordinances, appropriate local health, fire, occupancy code, and safety regulations. h. Information required under Iowa Code section 125.14A. i. Fiscal management information to include a recent audit or opinion of auditor and board minutes to reflect approval of budget and insurance program. j. Insurance coverage related to professional and general liability; building; workers’ compensation; and fidelity bond. k. The address and facility code of each office, facility, or program location. l. The program’s current written policies and procedures manual to include the staff development and training program, and personnel policies. Applications for licensure will not be considered complete until a complete policies and procedures manual has been submitted to the division. m. The application information for an initial application for licensure shall be complete and shall be reviewed by the department prior to a scheduled on-site inspection.

ITEM 8. Amend subrule 155.5(2), introductory paragraph, as follows: 155.5(2) Application information for substance abuse assessment and evaluation programs. An applicant for licensure shall submit the following information on forms available at the Iowa Department of Public Health, Division of Behavioral Health and Professional Licensure, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0075.

ITEM 9. Amend subrules 155.5(3) and 155.5(4) as follows: 155 155.5 5(3) Renewal. An application for renewal shall be submitted on forms provided by the department at least 60 calendar days before expiration of the current license. ApplicationsAn application for licensure renewal will not be considered complete until a current policies and procedures manual has been submitted to the department by the applicant substance abuse treatment program. 155 155.5 5(4) Application update or revision. The department shall be notified, and a request of an application for licensure for update or revision shall be made, by an existing licensed program 30 days prior to any change(s) of address of offices, facilities, or program locations; or additions or deletions of the type(s) of services or programs provided and licensed. A new licensure application form shall be completed to reflect change of address of offices, facilities, or program locations, or additions or deletions of the type(s) of services or program(s) provided or licensed, and shall be returned to the division within 10 working days from the date the forms are received. After receipt of an updated or revised application for licensure, the division shall conduct an on-site visit within 60 days to verify information contained in the application. When applicable, as determined by the department, an on-site licensure inspection of a new component, service, program or facility may be conducted by the department within six months, upon receipt of the updated or revised application or during an existing licensed program’s scheduled relicensure on-site inspection, whichever occurs first.

ITEM 10. Amend subrules 155.7(1) and 155.7(2) as follows: 155 155.7 7(1) Technical assistance. All treatment programsA program applying for an initial license to operate a substance abuse treatment program in the state of Iowa will be visited by the department for the purpose of providing needed technical assistance regarding the licensure criteria and procedures. The program may waive technical assistance in order to expedite the licensing process. Requests shall be submitted in writing to the division. a. Following the issuance of a license, the treatment program may request technical assistance from the department so as to bring into conformity areas reported to be in noncompliance to these rules. Such technical assistance shall be scheduled within 30 days of the applicant’s request depending on the availability of staff. The department may also request that technical assistance be provided to the program if deficiencies are noted during a site visit. b. Reserved. 155 155.7 7(2) On-site visit for licensure. A licensure on-site inspection shall be scheduled after the department’s receipt of the program’s application to operate a substance abuse treatment program. The department shall not be required to provide advance notice to the program of the on-site visit for licensure. a. The on-site visit team will consist of designated members of the division staff, as approved by the director. b. The team will inspect the program in order to verify information contained in the application and ensure compliance with all laws, rules and regulations. c. The inspection team shall send a written report, return receipt requested, of their findings to the applicant within 20 working days after the completion of the inspection.

ITEM 11. Amend subrule 155.8(1) as follows: 155.8(1) Board hearingmeeting preparation. The division shall prepare a report with a final recommendation for licensing to be presented at a board meeting within 6080 days from the site visit. Public notice of board meetings shall be made in accordance with Iowa Code section 21.4. a. The division shall send notice to the program by certified mail, return receipt requested, ten days prior to the board meeting notifying the program director and board chairperson of the time, place, and date the board will review and act upon the application for the program along with the results of the inspection. b. The division shall mail to all board members the following information on each application to be processed at the next board meeting: (1) Reports of the on-site program licensure inspections; and (2) A final recommendation for licensing.

ITEM 12. Adopt the following new subparagraphs 155.10(1)"b" to 155.10(1)"b": (1) A program applying for a 270-day license shall have a minimum score of 15 percent in clinical standards. (2) A program applying for a 270-day license shall have a minimum score of 70 percent in administrative standards. (3) A program applying for a 270-day license shall have a minimum score of 55 percent in programming standards.

ITEM 13. Amend paragraph 155.11(1)"c" as follows: c. Violation by a program, program employee or agent of any statute or rule pertaining to substance abuse treatment programs, including a violation of any provision of this chapter.

ITEM 14. Amend paragraph 155.11(1)"m" as follows: m. Inappropriate conduct by a program employeestaff, including sexual contact with a client/patient of the programor other harassment or exploitation of a program client/patient, volunteer, trainee or employee.

ITEM 15. Amend paragraph 155.11(5)"b" as follows: b. The licensee may request a hearing on the determination. The request must be in writing,and mailed to the department address within 30 days of the notice issued by the board. The request shall be sent by certified mail, return receipt requested. Failure to request a hearing will result in final action by the board.

ITEM 16. Amend subrule 155.11(6) as follows: 155.11(6) Summary suspension. If the board finds that the health, safety or welfare of the public is endangered by continued operation of a substance abuse treatment program, summary suspension of a license may be ordered pending proceedings for revocation or other actions. These proceedings shall be promptly instituted and determined.

ITEM 17. Amend subrule 155.16(1) as follows: 155.16(1) Complaints. Any person may file a complaint with the department against any program licensed pursuant to this chapter. The complaint shall be made in writing and shall be mailed or delivered to the division director at the Division of Behavioral Health and Professional Licensure, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0075. A complaint form may be downloaded on-line at: http://www.idph.state.ia.us/ bh/common/pdf/substance_abuse/complaint_form.pdf. The complaint shall include the name and address of the complainant, the name of the program, and a concise statement of the allegations against the program, including the specific alleged violations of Iowa Code chapter 125 or this chapter, if known. A complaint may also be initiated upon the board’s own motion pursuant to evidence received by the department. Timely filing of complaints is required in order to ensure the availability of witnesses and to avoid initiation of an investigation under conditions which may have been significantly altered during the period of delay.

ITEM 18. Amend subrule 155.16(5) as follows: 155.16(5) Confidential information and public information. Information contained in a complaint may be confidential pursuant to Iowa Code section 22.7(2), 22.7(18), or 125.37 or any other provision of state or federal law. Investigative reports, written plans of corrective action, and all notices and orders issued pursuant to rule 641—155.11(125,135) shall refer to clients and patientsclient/patients by number and shall not include any other client or patientclient/patient identifying information. Investigative reports, written plans of corrective action, and all notices and orders issued pursuant to rule 641—155.11(125,135) shall be available to the public as open records pursuant to Iowa Code chapter 22.

ITEM 19. Amend rule 641—155.18(125,135), introductory paragraph, as follows:

641—155.18(125,135) Deemed status. The board shall grant deemed status to programs accredited either by a recognized national or not-for-profit accreditation body when the board determines that the accreditation is for the same services. Problem gambling treatment components shall not be granted deemed status under this rule, unless specifically reviewed by the accreditation body.

ITEM 20. Amend paragraph 155.18(1)"a" as follows: a. Joint Commission on Accreditation of Healthcare Organizations (JCAHO).

ITEM 21. Amend paragraph 155.18(2)"b" as follows: b. Deemed status means that the board and division shall recognize, in lieu of their own review, an outside body’s review, assessment, and accreditation of a hospital-based or freestanding community-based substance abusetreatment program’s operations, functioning, and services that correspond to those described in this chapter.

ITEM 22. Amend paragraphs 155.18(3)"c" and 155.18(3)"g" as follows: c. Copies of the entire CARF, JCAHOJoint Commission, COA, or AOA behavioral health accreditation survey/inspection report and certificate of accreditation shall be submitted to the division with the application for deemed status provided by the division. g. All survey reports for the hospital-based or freestanding community-based substance abuse treatment program from the accrediting or licensing body shall be sent to the division.

ITEM 23. Amend subrule 155.18(5) as follows: 155.18(5) Continuation of deemed status. The program shall submit a copy of all CARF, JCAHOJoint Commission, COA, or AOA behavioral health accreditation survey reports to the division.

ITEM 24. Amend rule 641—155.21(125,135), introductory paragraph, as follows:

641—155.21(125,135) General standards for all substance abuse treatment programs. The following standards shall apply to all substance abuse treatment programs in the state of Iowa regardless of the category of treatment services provided by such programs. In situations where differences between general standards for all treatment programs and specific standards occur, both general and specific standards must be met.

ITEM 25. Amend subrule 155.21(1), introductory paragraph, as follows: 155.21(1) Governing body. Each program shall have a formally designated governing body that is representative of the community being served, complies with the Iowa Code chapter 504, and is the ultimate authority for the overall program operations. Persons in private practice as sole practitioners shall be exempt from this subrule except for requirements to have malpractice and liability insurance.

ITEM 26. Amend subrule 155.21(4) as follows: 155.21(4) Staff development and training. There shall be written policies and procedures that establish staff development. Staff development shall include orientation for staff and opportunities for continuing job-related education. For corporations organized under Iowa Code chapter 496C and sole practitioners, documentation of continuing education to maintain professional license or substance abuse certification as specified in 155.21(8) will meet the requirements of this subrule. a. Evidence of professional education, substance abuse certification as specified in 155.21(8), licensing, or orientation which includes the following: psychosocial, medical, pharmacological, confidentiality, and tuberculosis and blood-borne pathogens; an orientation to the program and community resources; counseling skill development; HIV/AIDS (human immunodeficiency virus/acquired immune deficiency syndrome) information/education; and the attitudes, values and lifestyles of racially diverse cultures, other cultures and special populations. b. The program shall establish on-site training programs or enter into relationships with outside resources capable of meeting staff training needs. c. The staff development program shall take steps to ensure that staff members are kept informed of new developments in the field of substance abuse assessment, evaluation, placement, treatment and rehabilitation. d. In-service training programs shall be instituted when program operations or functions are changed and shall be designed to allow staff members to develop new skills so that they may effectively adapt to such changes. e. Staff development activities and participation in state, national and regional training shall be planned and scheduled. These activities shall be documented in order to evaluate their scope, effectiveness, attendance, and amount of time spent on such efforts. The written plan for on-site staff development and activities for professional growth and development of personnel shall be based on the annual needs assessment and shall be available to all personnel. f. Minutes shall be kept of on-site training activities and shall include, but not necessarily be limited to: (1) Date of the meeting; (2) Names of persons attending; and (3) Topics discussed, to include name and title of presenters. g. The individual responsible for supervising staff development activities shall conduct at least an annual needs assessment.

ITEM 27. Amend subrules 155.21(5) and 155.21(6) as follows: 155 155.21 21(5) Management information system. Programs receiving Medicaid or state funding and programs performing OWI evaluations in accordance with 641—Chapter 157 shall submit client/patient data to the Iowa Department of Public Health, Division of Behavioral Health and Professional Licensure, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0075, in accordance with substance abuse reporting system procedures. 155 155.21 21(6) Procedures manual. All programs shall develop and maintain a procedures manual. This manual shall define the program’s policies and procedures to reflect the program’s activities. Revisions shall be entered with the date, name and title of the individual making the entries. This manual shall contain all of the required written policies, procedures, definitions, and all other documentation outlined throughout these standards. The manual shall contain a working table of contents covering all policies and procedures mandated by this chapter.

ITEM 28. Amend subrule 155.21(8), introductory paragraph, as follows: 155.21(8) Personnel. Written personnel policies and procedures shall be developed by all programs except for sole practitioners. The sole practitionerAll program staff shall subscribe to a code of conduct such as found in professional certification or licensure as specified in 155.21(8).

ITEM 29. Amend subparagraph 155.21(8)"a" as follows: (11) Methods for handling cases of inappropriate client/patient care;

ITEM 30. Amend paragraph 155.21(8)"b" as follows: b. The written personnel policies and practices shall include an equal employment opportunity policy and an affirmative action plan for hiring members of protected classes that minimally comply with Iowa civil rights commission rules and any local ordinances.

ITEM 31. Rescind paragraph 155.21(8)"i" and adopt the following new paragraph in lieu thereof: i. Appropriately credentialed counselors. (1) Any person providing screening, evaluations, assessments or treatment in accordance with this chapter shall meet at least one of the following conditions:

Currently maintain a substance abuse- or problem gambling-related credential acceptable to the department for providing treatment according to these rules.
Currently maintain active status as a licensed marital and family therapist (LMFT) licensed under Iowa Code chapters 154D and 147; a licensed mental health counselor (LMHC) licensed under Iowa Code chapters 154D and 147; a licensed independent social worker (LISW) licensed under Iowa Code chapters 154C and 147; or another licensed professional authorized by the Iowa Code to diagnose and treat DSM-IV disorders.
Currently maintain active status as a licensed master social worker (LMSW) licensed under Iowa Code chapters 154C and 147.
For a person beginning employment on or after July 1, 2010, at a program licensed in Iowa pursuant to this chapter who does not currently maintain one of the credentials described in “1” to “3” above, successfully complete and maintain one of those credentials within two years of the date on which the person begins to provide services.
Be employed before July 1, 2010, as a counselor at a program licensed in Iowa pursuant to this chapter. Those deemed qualified remain qualified only for work for that licensed program.

(2) Any person providing screening, evaluations, assessments or treatment in accordance with this chapter shall maintain a minimum of 30 hours of training within the person’s primary scope of practice every two years, including a minimum of three hours of ethics training. In addition to practicing within their primary scope of practice, certified or licensed personnel may practice within a subspecialty in accordance with this chapter by maintaining a minimum of an additional 20 hours of training within the subspecialty every two years.

ITEM 32. Amend subrule 155.21(9) as follows: 155.21(9) Child abuse/dependent adult abuse/criminal recordshistory background check. a. Written policies and procedures shall prohibit mistreatment, neglect, or abuse of children and dependent adults and shall specify reporting and enforcement procedures for the program. Alleged violations shall be reported immediately to the director of the facility and appropriate department of human services personnel. Written policies and procedures on reporting alleged violations regarding substance abuse client/patients shall be in compliance with HIPAA and DHHS, 42 CFR, Part 2, regulations on Confidentiality of Alcohol and Drug Abuse ClientPatient Records. Written policies and procedures on reporting alleged violations regarding problem gambling client/patients shall be in compliance with HIPAA and the Iowa Code. Any employee found to be in violation of Iowa Code chapter 232, division III, part 2,sections 232.67 through 232.70, as substantiated by thea department of human services’ investigation shall be subject to the agency’sprogram’s policies concerning dismissal. b. For each employee working within a juvenile services area as set forth in Iowa Code section 125.14A or with dependent adults as set forth in Iowa Code chapter 235B, the personnel record shall contain at a minimum: (1) Documentation of a criminal recordshistory background check with the Iowa division of criminal investigation on all new applicants for employment. The background check shall include asking whether the applicant has been convicted of a crime. (2) A written, signed and dated statement furnished by a new applicant for employment which discloses any substantiated reports of child abuse, neglect or sexual abuse that may existor dependent adult abuse. (3) Documentation of a check after hiring on probationary or temporary status, but prior to permanently employing the individual, with the Iowa central child abuse registry for any substantiated reports of child abuse, neglect or sexual abuse pursuant to Iowa Code section 125.14A or substantiated reports of dependent adult abuse for all employees hired on or after July 1, 1994, pursuant to Iowa Code chapter 235B. c. A person who has a record of a criminal conviction or founded child abuse report or founded dependent adult abuse report shall not be employed, unless an evaluation of the crime or founded child abuse or founded dependent adult abuse has been made by the department of human services which concludes that the crime ofor founded child abuse or founded dependent adult abuse does not merit prohibition of employment. If a record of criminal conviction or founded child abuse or founded dependent adult abuse does exist, the person shall be offered the opportunity to complete and submit Form 470-2310, Record Check Evaluation. In its evaluation, the department of human services shall consider the nature and seriousness of the crime or founded abuse in relation to the position sought, the time elapsed since the commission of the crime ofor founded abuse, the circumstances under which the crime or founded abuse was committed, the degree of rehabilitation and the number of crimes or founded abuses committed by the person involved. c. d. Each treatment staff member shall complete two hours of training relating to the identification and reporting of child abuse and dependent adult abuse within six months of initial employment and at least two hours of additional training every five years thereafter.

ITEM 33. Amend paragraphs 155.21(10)"f" and 155.21(10)"g" as follows: f. The governing body shall establish policies that specify the conditions under which information on applicants or client/patients may be released and the procedures to be followed for releasing such information. Even if a program is not federally funded, all such policies and procedures regarding substance abuse client/patients shall be in accordance with HIPAA and the federal confidentiality regulations, “Confidentiality of Alcohol and Drug Abuse Patient Records,” 42 CFR, Part 2, effective June 9, 1987, which implement federal statutory provisions, 42 U.S.C. 290dd-3 applicable to alcohol abuse client/patient records, and 42 U.S.C. 290ee-3 applicable to drug abuse client/patient records, and state confidentiality laws and regulations. All such policies and procedures regarding problem gambling client/patients shall be in accordance with HIPAA and Iowa Code chapter 228. g. Confidentiality of alcohol and drug abuse client/patient records. The confidentiality of alcohol and drug abuse client/patient records maintained by a program is protected by HIPAA and the “Confidentiality of Alcohol and Drug Abuse Patient Records” regulations, 42 CFR, Part 2, effective June 9, 1987, which implement federal statutory provisions, 42 U.S.C. 290dd-3 applicable to alcohol abuse client/patient records, and 42 U.S.C. 290ee-3 applicable to drug abuse client/patient records.

ITEM 34. Adopt the following new paragraphs 155.21(10)"h", 155.21(10)"i" and 155.21(10)"j": h. Confidentiality of problem gambling client/patient records. The confidentiality of problem gambling client/patient records maintained by a program is protected by HIPAA and Iowa Code chapter 228. i. The provision of treatment to a client/patient through any electronic means, including the Internet, telephone, or the Iowa communications network or any fiberoptic media, regardless of the location of the licensee, shall constitute the practice of treatment in the state of Iowa and shall be subject to regulation in accordance with Iowa Code chapter 125 and 2009 Iowa Code Supplement section 135.150 and these rules. A licensee who provides services via electronic media shall inform the client/patient of the limitations and risks associated with such services and shall document in the client/patient case record that such notice has been provided. j. Confidentiality and transfer of records. Upon receipt of a properly executed written release of information signed by the client/patient, the program shall release client/patient records in a timely manner. A program shall not refuse to transfer or release client/patient records related to continuation of care solely because payment has not been received. A program may refuse to release client/patient records which are unrelated to continuation of care if payment has not been received. A program may refuse to file the reporting form required by 641—subrule 157.3(1), “Notice Iowa Code 321J—Confidential Medical Record,” reporting screening, evaluation, and treatment completion, if payment has not been received for such services.

ITEM 35. Amend subrule 155.21(11) as follows: 155.21(11) Placement screening, admission, assessment and evaluation. a. The program shall conduct an initial assessment for substance abuse client/patients which shall include evaluation of the American Society of Addiction Medicine Patient Placement Criteria for the Treatment of Substance-Related Disorders, Second Edition, Revised, or other national or recognized criteria approved by the department upon granting a variance by the director in accordance with 641—Chapter 178 for determining the eligibility of individuals for placement and admission. The program shall utilize a recognized diagnostic test/tool to determine substance abuse or dependence as defined in the DSM-IV (Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition). b. The program shall conduct an initial assessment for problem gambling client/patients that shall utilize a recognized diagnostic test/tool to determine pathological gambling as defined in the DSM-IV (Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition). The client/patient is a problem gambler if the client/patient meets any of the diagnostic criteria for pathological gambling. a. c. The program shall have written policies and procedures governing a uniform assessment process that defines: (1) The types of information to be gathered on all individuals upon admission; (2) Procedures to be followed when accepting referrals from outside agencies or organizations; (3) The types of records to be kept on all individuals applying for services. b. d. Following admission, the comprehensive assessment (psychosocial history) shall be an analysis and synthesis of the client/patientclient/patient’s status and shall address the client/patient’s strengths, problemsand needs, which may be documented in the comprehensive assessment or in the treatment plan, and areas of clinical concern. Sufficient information shall be collected so that a comprehensive treatment plan can be developed. It shall be developed within the period of time between admission and the first review date specified for that particular level of care within the management of care review process, or within 30 days for problem gambling client/patients. c. e. At the time of admission, documentation shall be made that the individual has been informed of: (1) General nature and goals of the program; (2) Rules governing client/patient conduct and infractions that can lead to disciplinary action or discharge from the program; (3) In a nonresidential program, the hours during which services are available; (4) Treatment costs to be borne by the client/patient, if any; (5) Client’sClient/patient’s rights and responsibilities; (6) Confidentiality laws, rules and regulations; (7) HIV/AIDS information; and (8) Safety and emergency procedures for residential, halfway house, inpatient and treatment services with housing. d. f. The results of the screening and admission process shall be clearly explained to the client/patient and to the client/patient’s family when appropriate. This shall be documented in the client/patient record.

ITEM 36. Amend subrule 155.21(12) as follows: 155.21(12) Treatment plans. Based upon the initial assessment, an individualized written treatment plan shall be developed and recorded in the client/patient case record. The program shall have written policies and procedures governing a uniform process for treatment planning. a. A treatment plan shall be developed as soon after the client/patient’s admission as is clinically feasible and within the period of time between admission and the next review date specified for that particular level of care within the management of care review process. b. The individualized treatment plan shall minimally contain: (1) A clear and concise statement of the client/patient’s current strengths and needs, which may be documented in the treatment plan or in the comprehensive assessment; (2) Clear and concise statements of the short- and long-term goals the client/patient will be attempting to achieve; (3) Type and frequency of therapeutic activities in which the client/patient will be participating; (4) The staff person(s) to be responsible for the client/patient’s treatment; and (5) Treatment plans shall be culturally and environmentally specific so as to meet the needs of the client/patient. Treatment plans shall be written in a manner readily understandable to the client/patient, with assistance if necessary. c. Treatment plans shall be developed in partnership with the client/patient and shall be reviewed by the primary counselor and the client/patient as often as necessary and in accordance with the time frames specified within the management of care review process for substance abuse client/patients. Treatment plans for problem gambling client/patients shall be developed based on the assessment and within 30 days of admission. Treatment plan reviews for problem gambling client/patients shall be conducted within 30 days of each previous review. d. The reviews shall consist of: a reassessment of the client/patient’s current status in conjunction with the continued stay review criteria, accomplishments and needs, and a redefining of treatment goals when appropriate. The date of the review, as well as any changes, shall be recorded in the record. e. The use of abstract terms, technical jargon, or slang should be avoided in the treatment plan. The program should provide the client/patient with copies of all treatment plans upon request.

ITEM 37. Amend paragraph 155.21(13)"a" as follows: a. Entries shall be filed in chronological order and shall include the date services were provided or observations made, the date the entry was made, and the signature or initials and staff title of the individual rendering the services. All progress notes shall be legibly entered into the client/patient case record in permanent pen, by typewriter, or by computer. In those instances where records are maintained electronically, a staff identification code number authorizing access shall be accepted in lieu of a signature.

ITEM 38. Amend subrule 155.21(14), introductory paragraph, as follows: 155.21(14) ClientClient/patient case record contents. There shall be a case record for each client/patient that contains:

ITEM 39. Adopt the following new paragraph 155.21(14)"p": p. Records of financial counseling services for problem gambling client/patients. The treatment program shall offer financial counseling services to problem gambling client/patients. Financial counseling services shall be provided in-house or through consultation. If the treatment program determines that the problem gambling client/patient has financial problems, then financial counseling services shall include assisting the client/patient in preparing a budget and discussing financial debt options, including restitution and bankruptcy.

ITEM 40. Amend subrule 155.21(15) as follows: 155.21(15) Urinalysis. All programs serving clientsclient/patients who are receiving treatment for use or abuse of a controlled substance shall establish policies and procedures, if applicable, for the collection of urine specimens and utilization of urinalysis results. a. Urine specimens obtained from clientsclient/patients shall be collected under direct supervision and analyzed as indicated by the program. b. Any laboratory used by the program for urine testing and analysis shall comply, if applicable, with all federal and state proficiency testing programs. c. Any program conducting on-site urine testing shall comply with the Clinical Laboratory Improvement Act regulations. d. ClientClient/patient records shall reflect the manner in which urine test results are utilized in treatment. e. For programs with a urinalysis service, policies shall be developed concerning measures to be employed when urine specimens of clientsclient/patients are found to contain substances.

ITEM 41. Amend subrule 155.21(16) as follows: 155.21(16) Medical services. The applicanttreatment program shall have policies and procedures developed in conjunction with a physician to examine and evaluate substance abusersclient/patients/concerned persons seeking or undergoing treatment or rehabilitation. a. Individuals who enter an inpatient, residential, halfway house facility, chemotherapy or emergency care facility (ASAM Levels III.1, III.3, III.5, III.7 and IV) shall undergo a medical history and physical examination. Laboratory examinations may be performed as deemed necessary by the physician. The medical history, physical examination, and necessary laboratory examinations shall be performed as soon as possible, however minimally, as follows: a. (1) Inpatient medically managed and medically monitored residential treatment services (ASAM Levels IV and III.7) within 24 hours of admission; b. (2) Primary residential and extended residential treatment (Levels III.5 and III.3) within seven7 calendar days of admission; and c. (3) Halfway house services (Level III.1) within 21 calendar days of admission. b. For individuals who enter a Level I or Level II service, a medical history shall be obtained upon admission. c. A program may accept medical history and physical examination results from referral sources which were conductedif the medical history and examination were completed no more than 90 days prior to admission. d. All client/patients admitted to residential, inpatient or halfway house services and high-risk outpatient client/patients shall have a tuberculosis skin test administered and read within 5 days of admission. If the client/patient has documentation of a negative tuberculosis skin test within the previous 90 days, the tuberculosis test may be accepted if the client/patient does not show any symptoms. If the client/patient has unexplained symptoms or a history of positive tuberculosis skin tests, the physician shall determine what tests are needed.

ITEM 42. Amend paragraph 155.21(18)"a" as follows: a. Authorized personnel who administer medications shall be qualified, and an updated list of such personnel shall be maintained. Only the following are designated by 657—10.16(124)657—8.32(124,155A) as qualified individuals to whom a physician can delegate the administration of controlled substances: (1) Persons who have successfully completed a medication administration course reviewed by the board of pharmacy examiners. (2) Advanced emergency medical technicians and paramedics. (3) Licensed physician assistants. (4) Licensed pharmacists. (5) Nurse, intern or other qualified individual delegated the responsibility to administer a prescription drug by a practitioner, licensed by the appropriate state board, to administer drugs to patients, in accordance with Iowa Code section 155A.4(2)“c.”

ITEM 43. Amend subrule 155.21(19) as follows: 155.21(19) Management of care. The program shall ensure appropriate level of care utilization by implementing and maintaining the written placement screening, continuing service, and discharge criteria process developed by the department. a. The programsprogram shall also address underutilization, overutilization, and the effective use of levels of care available. b. The time frames for management of care activities minimally shall be implemented within 30 days for Levels I and III.1; within 7 days for Levels II.1, II.5, III.3 and III.5; and daily for Levels III.7 and IV. c. The discharge planning process shall begin at admission, determining aand shall include a determination of the client/patient’s continued need for treatment services and developingdevelopment of a plan to address ongoing client/patient needs posttreatment. Discharge planning may or may not include a document identified as a discharge plan.

ITEM 44. Amend subrule 155.21(21) as follows: 155.21(21) Building construction and safety. All buildings in which clientsclient/patients receive screenings, evaluations, assessments or treatment areshall be designed, constructed, equipped, and maintained in a manner that is designed to provideprovides for the physical safety of clientsclient/patients, personnel, and visitors. a. If required by local jurisdiction, all programs shall maintain a certification of occupancy. b. During all phases of construction or alterations of buildings, the level of life safety shall not be diminished in any occupied area. The construction shall be in compliance with all applicable federal, state, and local codes. c. New construction shall comply with Iowa Code chapter 104A and all applicable federal and local codes and provide for safe and convenient use by disabled individuals. d. All programs shall have written policies and procedures to provide a safe environment for clientsclient/patients, personnel, and visitors and to monitor that environment. The program shall document implementation of the procedures. The written policies and procedures shall include, but not be limited to, the following: (1) The process for the identification, development, implementation, and review of safety policies and procedures for all departments or services. (2) The promotion and maintenance of an ongoing, facilitywide hazard surveillance program to detect and report all safety hazards related to clientsclient/patients, visitors, and personnel. (3) The process by which the staff is to dispose of biohazardous waste within the clinical service areas. (4) All program areas.

Stairways, halls, and aisles shall be of substantial nonslippery material, shall be maintained in a good state of repair, shall be adequately lighted and shall be kept free from obstructions at all times. All stairways shall have handrails.
Radiators, registers, and steam and hot water pipes shall have protective covering or insulation. Electrical outlets and switches shall have wall plates.
For juvenile facilities, fuse boxes shall be under lock and key or six feet above the floor.
Facilities shall have written procedures for the handling and storage of hazardous materials.
Facilities shall have policies and procedures for weapons removal.
Swimming pools shall conform to state and local health and safety regulations. Adult supervision shall be provided at all times when children are using the pool.
Facilities shall have policies regarding fishing ponds, lakes, or any bodies of water located on or near the program and accessible to the client/patient.

ITEM 45. Amend subrule 155.23(2) as follows: 155.23(2) Meals. Inpatient and residential programs shall provide a minimum of three meals per day to each client/patient enrolled in the program. Inpatient, residential, and other programs where clients/patientsclient/patients are not present during mealtime shall make provisions to make available the necessary meals. Menus shall be prepared in consultation with a dietitian. If client/patients are allowed to prepare meals, the program shall document conformity with all commonly accepted policies and procedures of state health regulations and food hygiene.

ITEM 46. Amend subrule 155.23(8) as follows: 155.23(8) Religion-culture. The inpatient, residential, and halfway house program shall have a written description of its religious orientation, particular religious practices that are observed, and any religious restrictions. This description shall be provided to the client/patients, parent(s) or guardian, and the placing agency at the time of admission in compliance with HIPAA and DHHS, 42 CFR, Part 2, regulations on Confidentiality of Alcohol and Drug Abuse ClientPatient Records. This information shall also be available to adults during orientation. The client/patient shall have the opportunity to participate in religious activities and services in accordance with the client/patient’s own faith or that of a minor client/patient’s parent(s) or guardian. The facility shall, when necessary and reasonable, arrange transportation for religious activities.

ITEM 47. Amend rule 641—155.24(125,135), catchwords, as follows:

641—155.24(125,135) Specific standards for inpatient, residential, and halfway house substance abuse service admittingservices for juveniles.

ITEM 48. Amend subrule 155.24(6) as follows: 155.24(6) Illness, accident, death, or absence from the inpatient, residential, and halfway house program. The program shall have written policies and procedures to notify the child’s parent(s), guardian, and responsible agency of any serious illnesses, incidents involving serious bodily injury or absence, or circumstances causing removal of the child from the facility in compliance with HIPAA and DHHS, 42 CFR, Part 2, regulations on Confidentiality of Alcohol and Drug Abuse ClientPatient Records. In the event of the death of a child, a facilitythe program shall notify immediately notify the physician, the child’s parent(s) or guardian, the placing agency, and the appropriate state authority.

ITEM 49. Rescind and reserve subrule 155.25(1).

ITEM 50. Amend subrule 155.25(2), introductory paragraph, as follows: 155.25(2) Governing body. Each program shall have a formally designated governing body that is representative of the community being served, complies with the Iowa Code chapter 504 and is the ultimate authority for the overall program operations. Persons in private practice as sole practitioners shall be exempt from this subrule except for the requirements to have malpractice and liability insurance.

ITEM 51. Amend subrule 155.25(5) as follows: 155.25(5) Staff development and training. There shall be written policies and procedures that establish staff development. Staff development shall include orientation for staff and opportunities for continuing job-related education. For corporations organized under Iowa Code chapter 496C and sole practitioners, documentation of continuing education to maintain a professional license or substance abuse certification as specified in 155.21(8) will meet the requirement of this subrule. a. Evidence of professional education, substance abuse certification or licensing as specified in 155.21(8), or orientation which includes the following: psychosocial, medical, pharmacological, confidentiality, tuberculosis, community resources; screening, evaluation, HIV/AIDS (human immunodeficiency virus/acquired immune deficiency syndrome) information/education; and the attitudes, values and lifestyles of racially diverse cultures, other cultures and special populations. b. Staff development shall ensure that staff members are kept informed of new developments in the field of substance abuse screening, evaluation and placement.

ITEM 52. Amend subrule 155.25(6) as follows: 155.25(6) Management information system. Programs receiving Medicaid or state funding and programs performing OWI evaluation in accordance with 641—Chapter 157 shall submit clientclient/patient data to the Iowa Department of Public Health, Division of Behavioral Health and Professional Licensure, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0075, in accordance with substance abuse reporting system procedures.

ITEM 53. Amend paragraphs 155.25(7)"e" and 155.25(7)"f" as follows: e. Maintenance of clientclient/patient case records; f. Confidentiality of clientclient/patient records;

ITEM 54. Amend subparagraph 155.25(9)"a" as follows: (10) Methods for handling cases of inappropriate clientclient/patient care;

ITEM 55. Amend paragraph 155.25(9)"b" as follows: b. The written personnel policies and practices shall include an equal employment opportunity policy and an affirmative action plan for hiring members of protected classes that minimally comply with Iowa civil rights commission rules and any local ordinances.

ITEM 56. Amend subrule 155.25(10) as follows: 155.25(10) Professional qualifications. a. Personnel conducting screenings, placements, and assessments shall be certified through the Iowa board of substance abuse certification, or certified by an international certification and reciprocity consortium member board in the states of Illinois, Minnesota, Nebraska, Missouri, South Dakota, and Wisconsin; or be eligible for certification or have education, training, or experience in the substance abuse field.in accordance with this chapter shall meet the requirements of 155.21(8)“i.” b. The sole practitioner shall subscribe to a code of conduct such as that found in professional certification or licensure as specified in 155.21(8).

ITEM 57. Amend subrule 155.25(11) as follows: 155.25(11) Child abuse/dependent adult abuse/criminal recordshistory background check. a. Written policies and procedures shall prohibit mistreatment, neglect, or abuse of children and dependent adults and shall specify reporting and enforcement procedures for the program. Alleged violations shall be reported immediately to the director of the facility and appropriate department of human services personnel. Written policies and procedures on reporting alleged violations regarding substance abuse client/patients shall be in compliance with the department of human servicesHIPAA and DHHS, 42 CFR, Part 2, regulations on Confidentiality of Alcohol and Drug Abuse ClientPatient Records. Any employee found to be in violation of Iowa Code chapter 232, division III, part 2,sections 232.67 through 232.70, as substantiated by thea department of human services’ investigation shall be subject to the agency’sprogram’s policies concerning dismissal. b. For each employee working within a juvenile serviceservices area as set forth in Iowa Code section 125.14A or with dependent adults as set forth in Iowa Code chapter 235B, the following, at a minimum, shall be documented: (1) Documentation of a criminal recordshistory background check with the Iowa division of criminal investigation on all new applicants for employment. The background check shall include asking whether the applicant has been convicted of a crime. (2) A written, signed, and dated statement furnished by a new applicant for employment which discloses any substantiated reports of child abuse, neglect, or sexual abuse that may exist on the applicantor dependent adult abuse. (3) Documentation of a check after hiring on probationary or temporary status, but prior to permanently employing the individual, with the Iowa central child abuse registry for any substantiated reports of child abuse, neglect, or sexual abuse pursuant to Iowa Code section 125.14A or substantiated reports of dependent adult abuse for all employees hired on or after July 1, 1994, pursuant to Iowa Code chapter 235B. (4) A person who has a record of a criminal conviction or founded child abuse report or founded dependent adult abuse report shall not be employed, unless an evaluation of the crime or founded child abuse or founded dependent adult abuse has been made by the department of human services which concludes that the crime or founded child abuse or founded dependent adult abuse does not merit prohibition of employment. If a record of criminal conviction or founded child abuse or founded dependent adult abuse exists, the person shall be offered the opportunity to complete and submit Form 470-2310, Record Check Evaluation. In its evaluation, the department of human services shall consider the nature and seriousness of the crime or founded abuse in relation to the position sought, the time elapsed since the commission of the crime or founded abuse, the circumstances under which the crime or founded abuse was committed, the degree of rehabilitation, and the number of crimes or founded abuses committed by the person involved. c. Each treatment staff member shall complete two hours of training relating to the identification and reporting of child abuse and dependent adult abuse within six months of initial employment, and at least two hours of additional training every five years thereafter.

ITEM 58. Amend subrule 155.25(12) as follows: 155.25(12) ClientClient/patient case record maintenance. There shall be written policies and procedures governing the compilation, storage and dissemination of individual clientclient/patient case records. a. These policies and procedures shall ensure that: (1) The program exercises its responsibility for safeguarding and protecting the clientclient/patient case record against loss, tampering, or unauthorized disclosure of information; (2) Content and format of clientclient/patient records are kept uniform; and (3) Entries in the clientclient/patient case record are signed and dated. b. The program shall provide adequate physical facilities for the storage, processing, and handling of clientclient/patient case records. These facilities shall include suitably locked, secured rooms or file cabinets. c. Appropriate records shall be readily accessible to those staff members providing services directly to the clientclient/patient and other individuals specifically authorized by program policy. d. There shall be a written policy governing the disposal and maintenance of clientclient/patient case records. ClientClient/patient case records shall be maintained for not less than fiveseven years from the date they are officially closed. e. Each file cabinet or storage area containing client/patient case records shall be locked. f. Policies shall be established that specify the conditions under which information on applicants or clientsclient/patients may be released and the procedures to be followed for releasing such information. All such policies and procedures shall be in accordance with HIPAA and the federal confidentiality regulations, “Confidentiality of Alcohol and Drug Abuse Patient Records,” 42 CFR, Part 2, effective June 9, 1987, which implement federal statutory provisions, 42 U.S.C. 290dd-3 applicable to alcohol abuse patientclient/patient records, and 42 U.S.C. 290ee-3 applicable to drug abuse patientclient/patient records, and state confidentiality laws and regulations. g. Confidentiality of alcohol and drug abuse patientclient/patient records. The confidentiality of alcohol and drug abuse patientclient/patient records maintained by a program is protected by HIPAA and the “Confidentiality of Alcohol and Drug Abuse Patient Records” regulations, 42 CFR, Part 2, effective June 9, 1987, which implement federal statutory provisions, 42 U.S.C. 290dd-3 applicable to alcohol abuse patientclient/patient records, and 42 U.S.C. 290ee-3 applicable to drug abuse patientclient/patient records. h. Confidentiality and transfer of records. Upon receipt of a properly executed written release of information signed by the client/patient, the program shall release client/patient records in a timely manner. A program shall not refuse to transfer or release client/patient records related to continuation of care solely because payment has not been received. A program may refuse to release client/patient records which are unrelated to continuation of care if payment has not been received. A program may refuse to file the reporting form required by 641—subrule 157.3(1), “Notice Iowa Code 321J—Confidential Medical Record,” reporting screening, evaluation, and treatment completion, if payment has not been received for such services.

ITEM 59. Amend subparagraphs 155.25(13)"c" and 155.25(13)"c" as follows: (1) Evaluation costs to be borne by the clientclient/patient, if any; (2) Client’sClient/patient’s rights and responsibilities; and

ITEM 60. Amend paragraph 155.25(13)"e" as follows: e. The results of the screening and evaluation process shall be clearly explained to the clientclient/patient and to the client’sclient/patient’s family when appropriate. This shall be documented in the clientclient/patient record.

ITEM 61. Amend subrule 155.25(14) as follows: 155.25(14) ClientClient/patient case record contents. There shall be a case record for each clientclient/patient that contains: a. Results of all examinations, tests, and screening and admissions information; b. Reports from referring sources when applicable; c. Reports from outside resources shall be dated and include the name of the resource; d. Multidisciplinary case conference and consultation notes, including the date of the conference or consultation, recommendations made, actions taken, and individuals involved when applicable; e. Correspondence related to the clientclient/patient, including all letters and dated notations of telephone conversations relevant to the client’sclient/patient’s treatment; f. Information release forms; g. Records of services provided; and h. Management information system or other appropriate data forms.

ITEM 62. Amend subrule 155.25(17) as follows: 155.25(17) Building construction and safety. All buildings in which clientsclient/patients receive treatment shall be designed, constructed, equipped, and maintained in a manner that is designed to provideprovides for the physical safety of clientsclient/patients, personnel, and visitors. a. All programs shall have written policies and procedures to provide a safe environment for clientsclient/patients, personnel and visitors. The program shall have written policies and procedures for the maintenance, supervision, and safe use of all its grounds and equipment. b. Safety education shall include orientation of new employees to general facilitywide safety practices.

ITEM 63. Amend subrule 155.25(18) as follows: 155.25(18) Outpatient facility. The outpatient facility shall be safe, clean, well-ventilated, properly heated and in good repair. a. The facility shall be appropriate for providing services available from the program and for protecting clientclient/patient confidentiality. b. Furniture shall be clean and in good repair. c. Written reports of annual inspections by state or local fire safety officials and records of corrective action taken by the program on recommendations articulated in such reports shall be maintained. d. c. There shall be a written plan outlining procedures to be followed in the event of fire and tornado. This plan shall be conspicuously displayed at the facility. e. d. All services shall be accessible to people with disabilities, or the program shall have written policies and procedures that describe how people with disabilities can gain access to the facility for necessary services. f. e. The program shall ensure confidentiality of clientsclient/patients receiving services. g. f. Smoking shall be prohibited except in designated areas.

ITEM 64. Amend subrule 155.25(19) as follows: 155.25(19) ClientClient/patient rights. The program shall maintain written policies and procedures that ensure that the legal and human rights of clientsclient/patients participating in the program shall beare observed and protected. a. There shall be procedures to inform all clientsclient/patients of their legal and human rights at the time of evaluation. b. There shall be documentation of the implementation of these procedures. c. There shall be written policies and procedures for: (1) Clients’Client/patient communications, e.g., opinions, recommendations; (2) ClientClient/patient grievances, with a mechanism for redress; (3) Prohibition of sexual harassment; and (4) Implementation of the Americans with Disabilities Act. d. There shall be procedures designed to protect the clients’client/patients’ rights and privacy.

ITEM 65. Amend subrule 155.25(20) as follows: 155.25(20) Administrative and procedural standards. The program shall comply with the following rules: a. 641—155.2(125,135) Licensing. b. 641—155.3(125,135) Type of licenses. c. 641—155.4(125,135) Nonassignability. d. 641—155.5(125,135) Application procedures. e. 641—155.6(125,135) Application review. f. 641—155.7(125,135) Inspection of licensees. g. 641—155.8(125,135) Licenses—renewal. h. 641—155.9(125,135) Corrective action plan. i. 641—155.10(125,135) Grounds for denial of initial license. j. 641—155.11(125,135) Suspension, revocation, or refusal to renew a license. k. 641—155.12(125,135) Contested case hearing. l. 641—155.13(125,135) Rehearing application. m. 641—155.14(125,135) Judicial review. n. 641—155.15(125,135) Reissuance or reinstatement. o. 641—155.16(125,135) Complaints. p. 641—155.17 Reserved. q. 641—155.18(125,135) Deemed status. r. 641—155.19(125,135) Funding. s. 641—155.20(125,135) Inspection.

ITEM 66. Amend rule 641—155.35(125,135), introductory paragraph, as follows:

641—155.35(125,135) Specific standards for opioid treatment programs. All programs that use methadone or other medications approved by the Food and Drug Administration under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) and the state of Iowa for use in the treatment of opioid addiction shall comply with this rule, HIPAA and Part II, Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, 42 CFR Part 8, Opioid Drugs in Maintenance and Detoxification Treatment of Opiate Addiction, effective May 18, 2001.

ITEM 67. Amend subrule 155.35(1), definition of “State authority,” as follows: "State authority" means the Iowa department of public health, division of behavioral health and professional licensure, which regulates the treatment of opiate addiction with opioid drugs.

ITEM 68. Amend subrule 155.35(3) as follows: 155.35(3) Central registry system. To prevent simultaneous enrollment of a client/patient in more than one program, all opioid treatment programs shall participate in a central registry as established by the division.Prior to admission of an applicant to an opioid treatment program, the program shall submit to the registry the applicant’s name, birth date, and date of intended admission, and any other information required for the clearance procedure. No person shall be admitted to a program who is found by the registry to be participating in another such program. All opioid treatment programs shall report all admissions, discharges, and transfers to the registry immediately. All information reported to the registry from the programs and all information reported to the programs from the registry shall be treated as confidential in accordance with HIPAA and “Confidentiality of Alcohol and Drug Abuse Patient Records” regulations, 42 CFR Part 2, effective June 9, 1987. a. Definitions.For purposes of this subrule: "Central registry" means the system through which the Iowa department of public health, division of behavioral health and professional licensure, obtains client/patient identifying information about individuals applying for maintenance or detoxification treatment for the purpose of preventing an individual’s concurrent enrollment in more than one such program. "Opioid treatment program" means a detoxification or maintenance treatment program which is required to report client/patient identifying information to the central registry, and which is located in the state. b. Restrictions on disclosure.A program may disclose client/patient identifying information to a central registry for the purpose of preventing multiple enrollment of a client/patient only if: (1) The disclosure is made when:

The client/patient is admitted for treatment; or
The treatment is interrupted, resumed or terminated.

(2) The disclosure is limited to:

Client/patient identifying information; and
Relevant dates of admission.

(3) The program shall inform the client/patient of the required disclosure prior to admission. c. Use of information limited to prevention of multiple enrollments.Any information disclosed to the central registry to prevent multiple enrollments may not be redisclosed by the registry or such information used for any other purpose than the prevention of multiple enrollments unless so authorized by court order in accordance with HIPAA and 42 CFR, Part 2, effective June 9, 1987. d. Permitted disclosure by the central registry to prevent a multiple enrollment.If a program petitions the central registry, and an identified client/patient is enrolled in another program, the registry may disclose: (1) The name, address, and telephone number of the program in which the client/patient is currently enrolled to the inquiring program; and (2) The name, address, and telephone number of the inquiring program to the program in which the client/patient is currently enrolled. The programs may communicate as necessary to verify that no error has been made and to prevent or eliminate any multiple enrollment.

ITEM 69. Amend paragraph 155.35(12)"e" as follows: e. Confidentiality of alcohol and drug abuse client/patient case records. The confidentiality of alcohol and drug abuse client/patient case records maintained by a program is protected by HIPAA and the “Confidentiality of Alcohol and Drug Abuse Patient Records” regulations, 42 CFR, Part 2, effective June 9, 1987, which implement federal statutory provisions, 42 U.S.C. 290dd-3 applicable to alcohol abuse client/patient records, and 42 U.S.C. 290ee-3 applicable to drug abuse client/patient records. The program is precluded from identifying that a client/patient attends the program or disclosing any information identifying a client/patient as an alcohol or drug abuser unless: (1) The client/patient consents in writing; (2) The disclosure is allowed by a court order; (3) The disclosure is made to medical personnel in a medical emergency; or (4) The disclosure is required by law.

ITEM 70. Adopt the following new paragraph 155.35(12)"f": f. Confidentiality and transfer of records. Upon receipt of a properly executed written release of information signed by the client/patient, the program shall release client/patient records in a timely manner. A program shall not refuse to transfer or release client/patient records related to continuation of care solely because payment has not been received. A program may refuse to release client/patient records which are unrelated to continuation of care if payment has not been received. A program may refuse to file the reporting form required by 641—subrule 157.3(1), “Notice Iowa Code 321J—Confidential Medical Record,” reporting screening, evaluation, and treatment completion, if payment has not been received for such services.

ITEM 71. Amend paragraph 155.35(15)"c" as follows: c. Interim maintenance treatment program approval. Before a public or nonprofit private narcotic treatment program may provide interim maintenance treatment, the program must receive approval of both the U.S. Food and Drug Administration and the division of behavioral health and professional licensure and: (1) The program director must certify that the program seeking such authorization is unable to place client/patients in a public or private nonprofit program within a reasonable geographic area within 14 days of the client/patient’s application for admission; and (2) That interim maintenance treatment will not reduce the capacity of the program’s comprehensive maintenance treatment. (3) Client/patients admitted to interim maintenance treatment shall be transferred to comprehensive maintenance treatment within 120 days of admission.

ITEM 72. Amend subrule 155.35(16) as follows: 155.35(16) Complaints, investigations, suspension and revocation. The rules relating to complaints, investigationinvestigations, suspension and revocation as outlined in 641—155.11(125,135) through 641—155.17(125,135) shall apply to opioid treatment programs.

ITEM 73. Amend subparagraph 155.35(17)"a" as follows: (1) Joint Commission on Accreditation of Healthcare Organizations (JCAHO).

ITEM 74. Amend subparagraph 155.35(17)"c" as follows: (3) Copies of the entire CARF, JCAHOJoint Commission, COA or AOA behavioral health accreditation survey/inspection report and certificate of accreditation shall be submitted to the division with the application for deemed status provided by the division.

ITEM 75. Amend subparagraph 155.35(17)"d" as follows: (2) The division shall investigate all complaints that are under the authority of this chapter and recommend and require corrective action or other sanctions in accordance with 641—155.16(125,135). All complaints, findings and required corrective action may be reported to the accreditation body.

ITEM 76. Amend paragraph 155.35(17)"e" as follows: e. Continuation of deemed status. The program shall submit a copy of all CARF, JCAHOJoint Commission, COA or AOA behavioral health accreditation survey reports to the division.

ITEM 77. Adopt the following new subrule 155.35(18): 155.35(18) Personnel qualifications. a. Personnel providing screening, evaluations, assessments or treatment in accordance with this chapter shall meet the requirements of 155.21(8)“i.” b. Personnel in opioid treatment programs shall subscribe to a code of conduct found in professional certification or licensure as specified in 155.21(8).

ITEM 78. Amend 641—Chapter 155, implementation sentence, as follows: These rules are intended to implement Iowa Code sections 125.13 and 125.21 and 2009 Iowa Code Supplement section 135.150.

ITEM 79. Rescind and reserve 641—Chapter 162.ARC 8629BPublic Health Department[641]Notice of Intended Action

Pursuant to the authority of Iowa Code section 125.7, the Department of Public Health gives Notice of Intended Action to amend Chapter 157, “Standards for Substance Abuse Treatment and Assessment Programs and the Operating a Motor Vehicle While Intoxicated (OWI) Law,” Iowa Administrative Code. The proposed amendment provides the Department the ability to ensure that, upon receipt of a properly executed written release of information signed by the client/patient, the program shall release client/patient records in a timely manner. A program may refuse to file the reporting form required by subrule 157.3(1), “Notice Iowa Code 321J—Confidential Medical Record,” reporting screening, evaluation, and treatment completion, if payment has not been received for such services. Any interested person may make written comments on the proposed amendment on or before April 13, 2010, addressed to Bob Kerksieck, Division of Behavioral Health, Department of Public Health, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0075; E-mail rkerksie@idph.state.ia.us. Also, a public hearing will be held on Tuesday, April 13, 2010, from 11 a.m. to 12 noon, in Room 518 of the Lucas State Office Building at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment. Any person who plans to attend the public hearing and has special requirements, such as those related to hearing or mobility impairments, should contact the Department to advise of specific needs. This amendment is intended to implement Iowa Code chapter 125. The following amendment is proposed.

ITEM 1. Amend rule 641—157.7(125) as follows:

641—157.7(125) Records. 157.7(1) Programs shall maintain records for a minimum of seven years after discharge or completion of screening, evaluation, or treatment, and then destroy or maintain the records based on the program’s written policy and procedure. 157.7(2) Upon receipt of a properly executed written release of information signed by the client/patient, the program shall release client/patient records in a timely manner. a. A program shall not refuse to transfer or release client/patient records related to continuation of care solely because payment has not been received. b. A program may refuse to release client/patient records which are unrelated to continuation of care if payment has not been received. c. A program may refuse to file the reporting form required by subrule 157.3(1), “Notice Iowa Code 321J—Confidential Medical Record,” reporting screening, evaluation, and treatment completion, if payment has not been received for such services.ARC 8630BPublic Health Department[641]Notice of Intended Action

Pursuant to the authority of Iowa Code section 135.11, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 191, “Advisory Bodies of the Department,” Iowa Administrative Code. This chapter provides a general description of how advisory bodies established by the Department will function. The proposed amendments provide clarification to existing language. Any interested person may make written comments or suggestions on the proposed amendments on or before April 13, 2010. Such written comments should be directed to Barb Nervig, Department of Public Health, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319. E-mail may be sent to bnervig@idph.state.ia.us. These amendments are intended to implement Iowa Code section 135.11. The following amendments are proposed.

ITEM 1. Amend subrules 191.3(1) and 191.3(2) as follows: .(1) Vacancies shall be filled in the same manner in which the original appointments were made for the balance of the unexpired term. Appointments shall complete the original member’s term. .(2) Absences. Three consecutive unexcused absences shall be grounds for the director to consider dismissal of the advisory body member and to appoint another. The chairperson of the advisory body is charged with providing notification of absences to the department.

ITEM 2. Amend rule 641—191.4(135) as follows:

641—191.4(135) Officers. 191.4(1) Officers of the advisory body shall be a chairperson and a vice chairperson and shall be elected at the first meeting of each fiscal year unless designated at the time of appointment. a. Vacancies in the office of chairperson shall be filled by elevation of the vice chairperson. b. Vacancies in the office of vice chairperson shall be filled by election at the next meeting after the vacancy occurs. 191.4(2) Duties of officers. a. The chairperson shall: (1) presidePreside at all meetings of the advisory body, (2) appointAppoint such subcommittees as deemed necessary, and (3) designateDesignate the chairperson of each subcommittee. b. The vice chairperson shall: (1) Perform the duties of the chairperson if If the chairperson is absent or unable to act, the vice chairperson shall perform the duties of the chairperson. When so acting, the vice chairperson shall have all the powers of and be subject to all restrictions upon the chairperson. (2) The vice chairperson shall also performPerform such other duties as may be assigned by the chairperson.

ITEM 3. Amend rule 641—191.5(135) as follows:

641—191.5(135) Meetings. 191.5(1) The advisory body shall establish a meeting schedule on an annual basis to conduct its business. a. Meetings may be scheduled as business requires, but notice to members must be at least five working days prior to the meeting date. b. A four-week notice is encouraged to accommodate the schedules of professional members. 191.5(2) Robert’s Rules of Order shall govern all meetings. 191.5(3) Action on any issue before the advisory body can only be taken by a majority vote of the entire membership. 191.5(4) The advisory body shall maintain information sufficient to indicate the vote of each member present.ARC 8631BPUBLIC HEALTH DEPARTMENT[641]Notice of Intended Action

Pursuant to the authority of Iowa Code section 135.11, the Department of Public Health hereby gives Notice of Intended Action to rescind Chapter 192, “Child Support Noncompliance,” Iowa Administrative Code, and to adopt a new chapter with the same title. This proposed new chapter makes the following changes to the language in the rescinded chapter: adds definitions and replaces the phrase “department or board” with the term “licensing authority.” Any interested person may make written comments or suggestions on the proposed rules on or before April 13, 2010. Such written comments should be directed to Barb Nervig, Department of Public Health, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319. E-mail may be sent to bnervig@idph.state.ia.us. These rules are intended to implement Iowa Code chapter 252J. The following amendment is proposed.

ITEM 1. Rescind 641—Chapter 192 and adopt the following new chapter in lieu thereof: CHAPTER 192CHILD SUPPORT NONCOMPLIANCE

641—192.1(252J) Definitions. For the purpose of this chapter, the following definitions shall apply: "Applicant" means an individual who is seeking the issuance of a license. "Certificate of noncompliance" means a document provided by the child support recovery unit of the department of human services certifying that the named applicant or licensee has defaulted on an obligation owed to or collected by the child support recovery unit. "Department" means the department of public health. "License" means a license, certification, registration, permit, approval, renewal, or other similar authorization issued to a person by a licensing authority which evidences the granting of authority to engage in a profession, occupation, or business. "Licensing authority" means a board, commission, or any other entity of the department which has authority within this state to suspend or revoke a license or deny the renewal or issuance of a license authorizing a person to engage in a business, occupation, or profession.

641—192.2(252J) Issuance or renewal of a license—denial. The licensing authority shall deny the issuance or renewal of a license upon the receipt of a certificate of noncompliance from the child support recovery unit of the department of human services according to the procedures in Iowa Code chapter 252J. In addition to the procedures set forth in Iowa Code chapter 252J, the following shall apply. 192.2(1) The notice required by Iowa Code section 252J.8 shall be served upon the applicant or licensee by restricted certified mail, return receipt requested, or personal service in accordance with Iowa Rule of Civil Procedure 1.305. Alternatively, the applicant or licensee may accept service personally or through authorized counsel. 192.2(2) The effective date of the denial of the issuance or renewal of a license, as specified in the notice required by Iowa Code section 252J.8, shall be 60 days following service of the notice upon the applicant or licensee. 192.2(3) The licensing authority’s administrator is authorized to prepare and serve the notice required by Iowa Code section 252J.8, upon the applicant or licensee. 192.2(4) Applicants and licensees shall keep the licensing authority informed of all court actions, and all child support recovery unit actions taken under or in connection with Iowa Code chapter 252J, and shall provide the licensing authority copies, within 7 days of filing or issuance, of all applications filed with the district court pursuant to Iowa Code section 252J.9, all court orders entered in such actions, and withdrawals of certificates of noncompliance by the child support recovery unit. 192.2(5) All licensing authority fees required for application, license renewal, or license reinstatement must be paid by applicants or licensees before a license will be issued, renewed, or reinstated after the licensing authority has denied the issuance or renewal of a license pursuant to Iowa Code chapter 252J. 192.2(6) In the event an applicant or licensee timely files a district court action following service of a licensing authority notice pursuant to Iowa Code sections 252J.8 and 252J.9, the licensing authority shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the licensing authority to proceed. For purposes of determining the effective date of the denial of the issuance or renewal of a license, the licensing authority shall count the number of days before the action was filed and the number of days after the action was disposed of by the court. 192.2(7) The licensing authority shall notify the applicant or licensee in writing through regular first-class mail, or such other means as the licensing authority determines appropriate in the circumstances, within 10 days of the effective date of the denial of the issuance or renewal of a license and shall similarly notify the applicant or licensee if the license is issued or renewed following the licensing authority’s receipt of a withdrawal of the certificate of noncompliance.

641—192.3(252J) Suspension or revocation of a license. The licensing authority shall suspend or revoke a license upon the receipt of a certificate of noncompliance from the child support recovery unit of the department of human services according to the procedures set forth in Iowa Code chapter 252J. In addition to the procedures set forth in Iowa Code chapter 252J, the following shall apply. 192.3(1) The notice required by Iowa Code section 252J.8 shall be served upon the licensee by restricted certified mail, return receipt requested, or personal service in accordance with Iowa Rule of Civil Procedure 1.305. Alternatively, the licensee may accept service personally or through authorized counsel. 192.3(2) The effective date of the suspension or revocation of a license, as specified in the notice required by Iowa Code section 252J.8, shall be 60 days following service of the notice upon the licensee. 192.3(3) The licensing authority’s administrator is authorized to prepare and serve the notice required by Iowa Code section 252J.8 and is directed to notify the licensee that the license will be suspended unless the license is already suspended on other grounds. In the event that the license is on suspension, the administrator shall notify the licensee of the licensing authority’s intention to revoke the license. 192.3(4) Licensees shall keep the licensing authority informed of all court actions, and all child support recovery unit action taken under or in connection with Iowa Code chapter 252J, and shall provide the licensing authority copies, within 7 days of filing or issuance, of all applications filed with the district court pursuant to Iowa Code section 252J.9, all court orders entered in such actions and withdrawals of certificates of noncompliance by the child support recovery unit. 192.3(5) All licensing authority fees required for license renewal or license reinstatement must be paid by licensees before a license will be reinstated after the licensing authority has suspended or revoked a license pursuant to Iowa Code chapter 252J. 192.3(6) In the event a licensee files a district court action following service of a licensing authority notice pursuant to Iowa Code sections 252J.8 and 252J.9, the licensing authority shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the licensing authority to proceed. For purposes of determining the effective date of the suspension or revocation, the licensing authority shall count the number of days before the action was filed and the number of days after the action was disposed of by the court. 192.3(7) The licensing authority shall notify the licensee in writing through regular first-class mail, or such other means as the licensing authority determines appropriate in the circumstances, within 10 days of the effective date of the suspension or revocation of a license and shall similarly notify the licensee if the license is reinstated following the licensing authority’s receipt of a withdrawal of the certificate of noncompliance.

641—192.4(17A,22,252J) Sharing of information. Notwithstanding any statutory confidentiality provision, the licensing authority may share information with the child support recovery unit of the department of human services through manual or automated means for the sole purpose of identifying applicants or licensees subject to enforcement under Iowa Code chapter 252J or Iowa Code chapter 598. These rules are intended to implement Iowa Code chapter 252J.ARC 8634BPUBLIC HEALTH DEPARTMENT[641]Notice of Intended Action

Pursuant to the authority of Iowa Code section 135.11, the Department of Public Health hereby gives Notice of Intended Action to rescind Chapter 193, “Impaired Practitioner Review Committee,” Iowa Administrative Code, and to adopt a new chapter with the same title. This proposed new chapter makes the following changes to the language in the rescinded chapter: amends the definitions of “committee” and “practitioner” and adds clarifying language. The proposed chapter also places the language into more than one rule. Any interested person may make written comments or suggestions on the proposed rules on or before April 13, 2010. Such written comments should be directed to Barb Nervig, Department of Public Health, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319. E-mail may be sent to bnervig@idph.state.ia.us. These rules are intended to implement Iowa Code chapter 272C. The following amendment is proposed.

ITEM 1. Rescind 641—Chapter 193 and adopt the following new chapter in lieu thereof: CHAPTER 193IMPAIRED PRACTITIONER REVIEW COMMITTEE

641—193.1(272C) Definitions. For the purpose of these rules, the following definitions shall apply: "Committee" means the impaired practitioner review committee as established by a licensing board pursuant to the authority of Iowa Code section 272C.3(1)“k.” "Contract" means the written document establishing the terms for participation in the impaired practitioner program prepared by the committee. "Impairment" means an inability to practice with reasonable safety and skill as a result of alcohol or drug abuse, dependency, or addiction or any mental or physical disorder or disability. "Licensing board" "board" means “licensing board” or “board” as defined in Iowa Code section 272C.1. "Practitioner" means a person licensed under Iowa Code chapter 105, 147, 147A, 148C, 149, 152B, 152C, 152D, 154A, 154E, or 155. "Self-report" means the licensee’s providing written or oral notification to the board that the licensee has been or may be diagnosed as having an impairment prior to the board’s receiving a complaint or report alleging the same from a second party.

641—193.2(272C) Purpose. The impaired practitioner review committee evaluates, assists, monitors and, as necessary, makes reports to the licensing board on the recovery or rehabilitation of practitioners who self-report impairments. These rules do not apply to an impaired practitioner review committee governed by other administrative rule or statute.

641—193.3(272C) Composition of the committee. The chairperson of the board shall appoint the members of the committee. The committee shall meet as necessary in order to review licensee compliance, develop consent agreements for new referrals, and determine eligibility for continued monitoring. The membership of the committee includes, but is not limited to: 193.3(1) One practitioner, licensed under the same board or similar professional licensing board who has remained free of addiction for a period of no less than two years since successfully completing a board-approved recovery program and board-ordered probation for drug or alcohol dependency, addiction, or abuse. 193.3(2) One practitioner with expertise in substance abuse/addiction treatment programs. 193.3(3) One public member of the board.

641—193.4(272C) Eligibility. To be eligible for participation in the impaired practitioner recovery program, a licensee must meet all of the following criteria: 193.4(1) The licensee must self-report an impairment or suspected impairment directly to the office of the board. 193.4(2) The licensee must not have engaged in the unlawful diversion or distribution of controlled substances or illegal substances. 193.4(3) At the time of the self-report, the licensee must not already be under board order for an impairment or any other violation of the laws and rules governing the practice of the profession. 193.4(4) The licensee has not caused harm or injury to a client. 193.4(5) There is currently no board investigation of the licensee that, as determined by the committee, concerns serious matters related to the ability to practice with reasonable safety and skill or in accordance with the accepted standards of care. 193.4(6) The licensee has not been subject to a civil or criminal sanction or ordered to make reparations or remuneration by a government or regulatory authority of the United States, this or any other state or territory or a foreign nation for actions that the committee determines to be serious infractions of the laws, administrative rules, or professional ethics related to the practice of the licensee’s profession. 193.4(7) The licensee has provided truthful information and fully cooperated with the board or committee.

641—193.5(272C) Terms of participation in the impaired practitioner recovery program. A licensee shall agree to comply with the terms for participation in the impaired practitioner recovery program established in a contract. Conditions placed upon the licensee and the duration of the monitoring period shall be established by the committee and communicated to the licensee in writing. 193.5(1) Noncompliance. Failure to comply with the provisions of the contract shall require the committee to make immediate referral of the matter to the board for possible disciplinary action. 193.5(2) Practice restrictions. The committee may impose restrictions on the licensee’s practice as a term of the contract until such time as the committee receives a report from an approved evaluator that the licensee is capable of practicing with reasonable safety and skill. a. As a condition of participating in the program, a licensee is required to agree to restricted practice in accordance with the terms specified in the contract. b. In the event that the licensee refuses to agree to or comply with the restrictions established in the contract, the committee shall refer the licensee to the board for appropriate action.

641—193.6(272C) Limitations. The committee establishes the terms and monitors a participant’s compliance with the program specified in the contract. 193.6(1) The committee is not responsible for participants who fail to comply with the terms of or successfully complete the impaired practitioner program. 193.6(2) Participation in the program under the auspices of the committee shall not relieve the board of any duties and shall not divest the board of any authority or jurisdiction otherwise provided. Any violation of the statutes or rules governing the practice of the licensee’s profession by a participant shall be referred to the board for appropriate action.

641—193.7(272C) Confidentiality. The committee is subject to the provisions governing confidentiality established in Iowa Code section 272C.6. 193.7(1) Information in the possession of the board or the committee about licensees in the program shall not be disclosed to the public. 193.7(2) Participation in the impaired practitioner program under the auspices of the committee is not a matter of public record. These rules are intended to implement Iowa Code chapter 272C.ARC 8632BPublic Health Department[641]Notice of Intended Action

Pursuant to the authority of Iowa Code section 135.11, the Department of Public Health hereby gives Notice of Intended Action to rescind Chapter 195, “Student Loan Default/Noncompliance with Agreement for Payment of Obligation,” Iowa Administrative Code, and to adopt a new chapter with the same title. This proposed new chapter makes the following changes to the language in the rescinded chapter: adds definitions for “applicant” and “license,” amends the definition for “licensing authority” and replaces the phrase “department or board” or the word “board” with the term “licensing authority.” Any interested person may make written comments or suggestions on the proposed rules on or before April 13, 2010. Such written comments should be directed to Barb Nervig, Department of Public Health, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319. E-mail may be sent to bnervig@idph.state.ia.us. These rules are intended to implement Iowa Code chapter 261. The following amendment is proposed.

ITEM 1. Rescind 641—Chapter 195 and adopt the following new chapter in lieu thereof: CHAPTER 195STUDENT LOAN DEFAULT/NONCOMPLIANCE WITH AGREEMENT FOR PAYMENT OF OBLIGATION

641—195.1(261) General definitions. For the purposes of this chapter, the following definitions shall apply: "Applicant" means an individual who is seeking the issuance of a license. "Certificate of noncompliance" means written certification from the college student aid commission to the licensing authority certifying that the licensee has defaulted on an obligation owed to or collected by the commission. "Commission" means the college student aid commission. "Department" means the department of public health. "License" means a license, certification, registration, permit, approval, renewal, or other similar authorization issued to a person by a licensing authority which evidences the granting of authority to engage in a profession, occupation, or business. "Licensing authority" means a board, commission, or any other entity of the department which has authority within this state to suspend or revoke a license or deny the renewal or issuance of a license authorizing a person to engage in a business, occupation, or profession.

641—195.2(261) Issuance or renewal of a license—denial. The licensing authority shall deny the issuance or renewal of a license upon receipt of a certificate of noncompliance from the college student aid commission according to the procedures set forth in Iowa Code sections 261.121 to 261.127. 195.2(1) In order to process the certificate of noncompliance received by the licensing authority, the licensing authority will maintain records of licensees by name, current known address, and social security number. 195.2(2) Upon receipt of a certificate of noncompliance duly issued by the commission, the licensing authority shall initiate procedures for denial of issuance or renewal of licensure. 195.2(3) The licensing authority shall provide notice to the licensee or applicant informing that person of the licensing authority’s intent to deny the license, and said notice shall be served by restricted certified mail, return receipt requested, or by personal service in accordance with the Iowa Rules of Civil Procedure. The notice shall state all of the following: a. The licensing authority intends to deny issuance or renewal of an individual’s license due to the receipt of a certificate of noncompliance from the commission. b. The individual must contact the commission to schedule a conference or to otherwise obtain a withdrawal of a certificate of noncompliance. c. Unless the commission furnishes a withdrawal of a certificate of noncompliance to the licensing authority within 30 days of the issuance of the notice under this subrule, the individual’s license shall be denied. 195.2(4) The applicant or licensee served with a notice under 195.2(3) shall not have a right to a hearing before the licensing authority but may request a court hearing pursuant to Iowa Code section 261.127. Such court hearing must be requested within 30 days of the provision of notice. 195.2(5) The effective date of the denial of the issuance or renewal of a license, as specified in the notice required by Iowa Code section 261.126, shall be 60 days following service of the notice upon the applicant or licensee. 195.2(6) The licensing authority’s administrator is authorized to prepare and serve the notice required by Iowa Code section 261.126 upon the applicant or licensee. 195.2(7) All licensing authority fees required for application, license renewal, or license reinstatement must be paid by applicants or licensees and all continuing education requirements must be met before a license will be issued, renewed, or reinstated after the licensing authority has denied the issuance or renewal of a license pursuant to Iowa Code chapter 261. 195.2(8) In the event an applicant or licensee timely files a district court action following service of a licensing authority notice pursuant to Iowa Code section 261.126, the licensing authority shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the licensing authority to proceed. 195.2(9) Upon the filing of a district court action, the applicant or licensee shall promptly file with the licensing authority a copy of the petition filed with the district court. In addition, the applicant or licensee shall provide the licensing authority with copies of all court orders and rulings entered in such action within seven days of the action. 195.2(10) For purposes of determining the effective date of the denial of the issuance or renewal of a license, the licensing authority shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.

641—195.3(261) Suspension or revocation of a license. The licensing authority shall suspend or revoke a license upon receipt of a certificate of noncompliance from the college student aid commission according to the procedures set forth in Iowa Code sections 261.121 to 261.127. In addition to the provisions contained in those sections, the following shall apply: 195.3(1) In order to process the certificate of noncompliance received by the licensing authority, the licensing authority will maintain records of licensees by name, current known address, and social security number. 195.3(2) Upon receipt of a certificate of noncompliance duly issued by the commission, the licensing authority shall initiate procedures for suspension or revocation of licensure. 195.3(3) The licensing authority shall provide notice to the licensee informing the individual of the licensing authority’s intent to suspend or revoke the license, and said notice shall be served by restricted certified mail, return receipt requested, or by personal service in accordance with the Iowa Rules of Civil Procedure. The notice shall state all of the following: a. The licensing authority intends to suspend or revoke an individual’s license due to the receipt of a certificate of noncompliance from the commission. b. The individual must contact the commission to schedule a conference or to otherwise obtain a withdrawal of a certificate of noncompliance. c. Unless the commission furnishes a withdrawal of a certificate of noncompliance to the licensing authority within 30 days of the issuance of the notice under this subrule, the individual’s license shall be suspended or revoked. 195.3(4) The licensee served with a notice under 195.3(3) shall not have a right to a hearing before the licensing authority but may request a court hearing pursuant to Iowa Code section 261.127. Such court hearing must be requested within 30 days of the provision of notice. 195.3(5) The effective date of the suspension or revocation of a license, as specified in the notice required by Iowa Code section 261.126, shall be 60 days following service of the notice upon the licensee. 195.3(6) The licensing authority’s administrator is authorized to prepare and serve the notice required by Iowa Code section 261.126 upon the licensee. 195.3(7) All licensing authority fees required for application, license renewal, or license reinstatement must be paid by applicants or licensees and all continuing education requirements must be met before a license will be issued, renewed, or reinstated after the licensing authority has suspended or revoked a license pursuant to Iowa Code chapter 261. 195.3(8) In the event a licensee timely files a district court action following service of a licensing authority notice pursuant to Iowa Code section 261.126, the licensing authority shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the licensing authority to proceed. 195.3(9) Upon the filing of a district court action, the licensee shall promptly file with the licensing authority a copy of the petition filed with the district court. In addition, the licensee shall provide the licensing authority with copies of all court orders and rulings entered in such action within seven days of the action. 195.3(10) For purposes of determining the effective date of the suspension or revocation, the licensing authority shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.

641—195.4(17A,22,261) Sharing of information. Notwithstanding any statutory confidentiality provision, the licensing authority may share information with the commission for the sole purpose of identifying applicants or licensees subject to enforcement under Iowa Code chapter 261. These rules are intended to implement Iowa Code chapter 261.ARC 8615BSecretary of State[721]Notice of Termination

Pursuant to the authority of Iowa Code section 17A.3(1)“b,” the Secretary of State hereby terminates the rule making initiated by the Notice of Intended Action published in the Iowa Administrative Bulletin on August 26, 2009, as ARC 8046B, which proposed to amend Chapter 21, “Election Forms and Instructions,” Iowa Administrative Code. The proposed amendments to Chapter 21 were also simultaneously Adopted and Filed Emergency and published as ARC 8045B. The period for comments passed without the Secretary receiving any comments that required changes to the amendments as they appeared in the Iowa Administrative Bulletin on August 26, 2009. The Secretary of State finds no further need to proceed with rule making for ARC 8046B.

ARC 8618BSoil Conservation Division[27]Notice of Intended Action

Pursuant to the authority of Iowa Code section 161A.4(1), the Division of Soil Conservation hereby gives Notice of Intended Action to amend Chapter 10, “Iowa Financial Incentive Program for Soil Erosion Control,” Iowa Administrative Code. The proposed amendments change the supplemental allocation deadline from September 15 to September 1. The amendments increase slightly the cost share rates for tree and shrub establishment. The amendments limit eligibility for land already enrolled in USDA’s Conservation Reserve Program. The amendments remove practice descriptions which, by reference, can be found in the Natural Resources Conservation Service technical guide. The amendments also eliminate or modify outdated definitions. Any interested persons may make written suggestions or comments on the proposed amendments on or before April 13, 2010, at 4:30 p.m. Written comments should be addressed to Margaret Thomson, Iowa Department of Agriculture and Land Stewardship, Wallace State Office Building, 502 East Ninth Street, Des Moines, Iowa 50319. Comments may be submitted by fax to (515)281-6236 or by E-mail to Margaret.Thomson@IowaAgriculture.gov. These proposed amendments are subject to the Division’s general waiver provisions. These amendments are intended to implement Iowa Code section 161A.2. The following amendments are proposed.

ITEM 1. Rescind the definitions of “Distribution,” “Forest land,” “Highway” and “Segment” in rule 27—10.20(161A).

ITEM 2. Adopt the following new definition of “Road” in rule 27—10.20(161A): "Road" means the entire width between property lines of the publicly owned right-of-way.

ITEM 3. Amend rule 27—10.41(161A), second unnumbered paragraph, as follows:Except for the programs authorized in subrules 10.41(2), 10.41(4), 10.41(5), 10.41(8), and 10.41(9), these funds shall not be used alone or in combination with other public funds to provide a financial incentive payment greater than 50 percent of the approved cost for permanent soil conservation practices.

ITEM 4. Amend subrule 10.41(1) as follows: 10.41(1) Voluntary program. Ninety percent of the appropriation is to be used for cost sharing to provide state funding of not more than 50 percent of the approved cost of permanent soil and water conservation practices or for incentive payments to encourage management practices to control soil erosion on land that is now row-cropped.Not more thanUp to 30 percent of a district’s original and supplemental allocation may be used for the establishment of management practices listed in subrules 10.82(1) and 10.82(2).The commissioners of a district may allocate voluntary program funds for the restoration of permanent soil and water conservation practices which are damaged or destroyed because of a disaster emergency. Funds may be used for construction, reconstruction, installation, or repair of projects. The commissioners must determine that funds are necessary to restore permanent practices to prevent erosion in excess of applicable soil loss limits caused by the disaster emergency. Funds cannot be used unless a state of disaster emergency pursuant to a proclamation as provided in Iowa Code section 29C.6 has been declared. Funds can be used only if federal or state disaster emergency funds are not adequate. Funds do not have to be allocated on a cost-share basis. Districts are required to report to the division regarding restoration projects and funds allocated for projects.

ITEM 5. Rescind paragraph 10.51(1)"f."

ITEM 6. Amend subrule 10.51(2), introductory paragraph, as follows: 10.51(2) Supplemental allocation. The remaining balance of the fiscal year funds plus recalled funds from the mandatory program as distributed in subrule 10.41(3), and from the public lakes fund as distributed in subrule 10.41(2) that were not obligated, from the reserve fund established in subrule 10.57(1), and from districts as specified in subrule 10.51(3) will be provided to the districts in a supplemental allocation. The districts shall identify valid applications and cost estimates, if any, for supplemental allocations to the division by September 151. The allocation to any district will be the lesser amount of:

ITEM 7. Amend subrules 10.60(1) and 10.60(2) as follows: 10 10.60 60(1) Voluntary. a. The state will cost-share 50 percent of the cost certified by the certifying technician as being reasonable, proper, and incurred by the applicant in voluntarily installing approved, permanent soil conservation practices, except for tree planting. Eligible costs include machine hire or use of the applicant’s equipment, needed materials delivered to and used at the site, and labor required to install the practice. b. For tree plantingand shrub establishment, the following criteria shall apply: (1) Fifty percent of the actual cost, not to exceed $365$450 per acre, including the following:

Establishing ground cover;
Trees and tree planting operations;
Weed and pest control; and
Mowing, disking, and spraying.

(2) Fifty percent of actual cost, not to exceed $120$150 per acre, for wood plant control. (3) Actual cost, not to exceed the lesser of $8$14 per rod or $45 per acre protected, for permanent fences that protect planted acres from grazing, excluding boundary and road fencing. c. For currently funded fiscal years, the division will make one-time payments of up to $10 per acre for no-tillage, ridge-till and strip-till; $6 per acre for contouringcontour farming; and 50 percent of the cost up to $25 per acre for strip-cropping, field borders and filter strips. Not more than 30 percent of the district’s original allocation and supplemental allocation may be used for the establishment of management practices to control soil erosion on land that is now row-cropped. d. Funding for the restoration of permanent practices damaged or destroyed because of a disaster (see 10.41(1)) does not have to be allocated on a cost-share basis. e. Where a livestock watering pipe is installed in a grade stabilization structure, cost share is limited to $500 for the watering pipe and valves. Payment will be made only if the structure is fenced. 10 10.60 60(2) Summer construction incentives. In addition to cost share for the establishment of a permanent conservation practice, up to $200 per acre is available for the establishment of a conservation cover crop and to offset income lost from cropland acres taken out of production during the growing season. Payment will be made upon completion of the permanent conservation practice. To qualify: a. The field being treated shall be in row cropland during the growing season in which the permanent conservation practice is being constructed. b. The construction area shall be planted with a conservation cover for erosion control purposes on the construction site. c. The construction of the permanent conservation practice shall take place between June 15 and October 15. Work must be started and completed between these dates and verified by the technician prior to payment of the incentive. d. Only the land necessary for the construction is eligible for this incentive. The construction work area shall be determined by the technician. e. The construction work area shall not be used to grow a row crop except for the required conservation cover crop.

ITEM 8. Adopt the following new paragraph 10.73(4)"d": d. Tracts of land enrolled in the United States Department of Agriculture’s Conservation Reserve Program (CRP) that have more than 90 days left on the contract.

ITEM 9. Amend subrule 10.73(5) as follows: 10.73(5) Need for soil and water conservation practices. a. Financial incentives shall be available only for those soil and water conservation practices determined to be needed by the district to reduce excessive erosion or sedimentation and included in the designated practices identified in Part 8 of these rules. Such determination of need shall be made by a qualified technician. b. At the discretion of the SWCD commissioners, practice construction may be allowed during the last 90 days of the CRP contract.

ITEM 10. Amend paragraph 10.74(1)"c" as follows: c. Obligation of funds.Following approval of an application, the district may obligate funds for the project or, as appropriate, secure obligation of funds from the division for the amount of the project cost estimate identified on the application. In those cases where funds are not available, the application will be held by the district until funding becomes available or until the end of the fiscal year. Upon obligation of funds, the district shall notify the applicant. The district will maintain a record of funds obligated for approved applications.

ITEM 11. Rescind paragraph 10.81(3)"d."

ITEM 12. Rescind and reserve subrules 10.81(8), 10.81(9) and 10.81(10).

ITEM 13. Amend rule 27—10.82(161A) as follows:

27—10.82(161A) State designation of eligible practices. Only those soil and water conservation practices listed in this rule are eligible for the Iowa financial incentives program funds. 10.82(1) TillageResidue and management practices. The division will make one-time payments for residue and tillage management practices. a. No-till planting.A form of noninversion tillage that retains protective amounts of residue on the surface throughout the year. b. Ridge-till planting.A form of noninversion tillage that retains protective amounts of residue on the surface throughout the year. c. Strip-till planting.A form of noninversion tillage that retains protective amounts of residue on the surface throughout the year. 10.82(2) Temporary practices. The division will make one-time payments for temporary practices. a. Critical area planting.Establishment of vegetative planting to control sediment movement from severely eroding areas by stabilizing the soil. These plantings would include vegetation such as trees, shrubs, vines, grasses or legumes. b. ContouringContour farming.Farming sloping cultivated land in such a way that tillage operations, planting and cultivating are done on the contour. This includes following established grades of terraces, diversions, or contour strips. c. Contour strip-croppingStrip-cropping.Growing crops in a systematic arrangement of strips or bands on the contour to reduce water erosion. The crops are arranged so that a strip of grass or close-growing crop is alternated with a strip of clean-tilled crop or fallow or a strip of grass is alternated with a close-growing crop. d. Field border.A strip of perennial vegetation established at the edge of a field, to be used as a turn area in lieu of end-rows up and down hill to control erosion and provide wildlife food and cover. e. Filter strips.A strip or area of vegetation for removing sediment, organic matter and other pollutants from runoff. f. Pasture and hay planting.Pasture and hay planting will be eligible for funding only when land that has been planted to row crop for three out of the last five years is being converted to permanent vegetative cover. 10.82(3) Permanent practices. a. Reserved. b. Diversion.A channel with a supporting ridge on the lower side constructed across the slope to conduct excess runoff water to a suitable outlet.Diversions are eligible for funding only when used to prevent downstream erosion. c. Field windbreakWindbreak and shelterbelt establishment.A strip or belt of trees or shrubs established within or adjacent to a field to reduce sediment damage and soil depletion caused by wind. d. Grade stabilization structure.An earthen dam or embankment with a mechanical outlet (pipe conduit, drop spillway or chute outlet) to stabilize the flowline grade or control head cutting in a natural or constructed channel. e. Grass strips.A strip of tall growing perennial vegetation within or adjacent to a field to reduce sediment damage and soil depletion caused by wind.Reserved. f. Grassed waterway or outlet.A natural or constructed waterway or outlet, shaped and graded on which suitable vegetation is established, to conduct excess surface runoff water from terraces, diversions or natural watershed basins. g. Pasture and hayland planting.The establishment of long-term stands of adapted species of perennial forage plants, to control excessive water erosion, by converting land from row crop production to permanent vegetative cover.Reserved. h. Terrace.An earthen barrier or embankment constructed across the field slope using a combination of a ridge and channel to reduce field erosion, and trap sediment. Types of terraces commonly referenced to as broad based, narrow based, grassed backslope, basin, level, gradient and parallel are eligible for Iowa financial incentive payments. i. Underground outlet.A conduit installed beneath the ground surface to collect surface water from terraces, diversions, water and sediment basins, and convey the water to a suitable outlet.Underground outlets are eligible for Iowa financial incentive funding only when used as a component of eligible permanent practices contained in subrule 10.82(3). j. Water and sediment control basin.A short earthen embankment with an underground outlet, constructed across the slope in minor watercourses to reduce erosion and trap sediment. k. Reserved. l. Conservation cover.An established and maintained permanent vegetation cover on land. m. Tree and shrub planting.The establishment of a stand of trees for timber producing and environmental improvement. The minimum eligible area is three acres.

ITEM 14. Amend rule 27—10.83(161A) as follows:

27—10.83(161A) Designation of eligible practices. District commissioners may designate which soil and water conservation practices will be eligible for Iowa financial incentive payments in their district. The selected practices must be from the state-approved practices contained in rule 27—10.82(161A). The general conditions contained in rule 27—10.81(161A) and the specifications contained in rule 27—10.84(161A) shall apply to the district-designated practices.

ITEM 15. Rescind and reserve rule 27—10.92(161A).ARC 8633BSoil Conservation Division[27]Notice of Intended Action

Pursuant to the authority of Iowa Code section 161C.2(4), the Division of Soil Conservation hereby gives Notice of Intended Action to amend Chapter 12, “Water Protection Practices—Water Protection Fund,” Iowa Administrative Code. The proposed amendments change the supplemental allocation deadline from October 15 to September 1. The amendments also split the appropriated funds equally between projects and practices regardless of the total appropriation. Any interested persons may make written suggestions or comments on the proposed amendments on or before April 13, 2010, at 4:30 p.m. Written comments should be addressed to Margaret Thomson, Iowa Department of Agriculture and Land Stewardship, Wallace State Office Building, 502 East Ninth Street, Des Moines, Iowa 50319. Comments may be submitted by fax to (515)281-6236 or by E-mail to Margaret.Thomson@IowaAgriculture.gov. These proposed amendments are subject to the Division’s general waiver provisions. These amendments are intended to implement Iowa Code chapter 161C. The following amendments are proposed.

ITEM 1. Amend rule 27—12.40(161C) as follows:

27—12.40(161C) Appropriations. Resource enhancement and protection program, soil and water enhancement account funds are allocated to the water protection fund. Each year’s allocation of water protection funds is divided equally between the water quality protection projects account and the water protection practices account until the water quality protection account has received $1 million. The balance of funds is deposited in the water protection practices account.

ITEM 2. Amend rule 27—12.51(161C) as follows:

27—12.51(161C) Allocation to soil and water conservation districts. 12.51(1) Original allocation. July 1 of each year, funds appropriated to the water protection practices account will be allocated to districts. Seventy-three and one-half percent of the funds will be divided equally among 100 soil and water conservation districts. Twenty-five percent of the funds plus any additional appropriations for reforestation will be kept in a separate account for woodland establishment and protection, and establishment of native grasses and forbs. One and one-half percent will be held in a reserve fund. 12.51(2) Recall of funds. Any funds allocated toin the current fiscal year that the districts that have not beenspent or obligated by June 30 and any funds that were obligated for projects for which construction has not been started during that time period may be recalled by the division. 12.51(3) Supplemental allocations. The districts shall identify valid applications and cost estimates, if any, for supplemental allocations to the division by October 15September 1. The allocation to any district will be the lesser amount of: a. The sum of cost estimates (for pending applications) in each district, divided by the total cost estimates (for pending applications) for all 100 districts, multiplied by the remaining available program funds; or b. Three times the original allocation to the district. 12.51(4) Reallocation of recalled funds. Rescinded IAB 7/18/07, effective 6/27/07. 12.51(5) Woodland, native grass and forbs fund. Twenty-five percent of the funds and any additional appropriations for reforestation will be allocated to districts. a. Original allocation.Seventy-five percent of the funds distributed to this program will be allocated equally to districts at the beginning of each fiscal year. b. Supplemental allocation.The districts shall identify valid applications and cost estimates, if any, for supplemental allocations to the division by October 15September 1. The allocation to any district will be the lesser amount of: (1) The sum of cost estimates (for pending applications) in each district, divided by the total cost estimates (for pending applications) for all 100 districts, multiplied by the remaining available program funds; or (2) Three times the original allocation to the district. c. Eligibility of soil and water conservation districts for supplemental allocation.For a district to qualify for a supplemental allocation, the district must meet the following requirement: ninety percent of the woodland, native grass and forbs funds shall be obligated to landowners. 12.51(6) Reserve funds. The division may administer a reserve fund for the program consisting of not more than 1.5 percent of each year’s appropriated funds. a. Purpose and use of the reserve fund. The reserve fund will be set aside and used only to fund contingencies that occur in the application of practices in the districts. b. On June 30 each year the division will transfer the unspent reserve fund balance into the water protection practices account to be allocated to districts under subrule 12.51(1).

ITEM 3. Amend subrule 12.63(2) as follows: 12.63(2) Practices installed on adjoining public lands. Where water protection practices which benefit adjoining private lands are installed on public lands and costs of the installation are to be shared by the parties, state water protection practices funds may be used to cost-share only the private landowner cost of the water protection practice.

ITEM 4. Amend rule 27—12.72(161C) as follows:

27—12.72(161C) Eligible practices. Practices listed in this rule are eligible for water protection practices fund reimbursement. 12.72(1) Critical area planting. Establishment of vegetative planting to control sediment movement from severely eroding areas by stabilizing the soil. These plantings would include vegetation such as trees, shrubs, vines, grasses or legumes. 12.72(2) Strip-cropping (wind)Contour buffer strips. A strip of tall growing perennial vegetation within or adjacent to a field to reduce sediment damage and soil depletion caused by wind. 12.72(3) Field border. A strip of perennial vegetation established at the edge of a field, to be used as a turn area in lieu of end-rows up and down hill to control erosion and provide wildlife food and cover. 12.72(4) Filter strips. A strip or area of vegetation for removing sediment, organic matter and other pollutants from runoff. 12.72(5) Strip-cropping, contour. Growing crops in a systematic arrangement of strips or bands on the contour to reduce water and wind erosion. The crops are arranged so that a strip of grass or close-growing crop is alternated with a strip of clean-tilled crop or fallow or a strip of grass is alternated with a close-growing crop. 12.(6) 12.72(5) Pasture and haylandhay planting. The establishment of long-term stands of adapted species of perennial forage plants, to control excessive water erosion, by converting land from row crop production to permanent vegetative cover. 12.(7) 12.72(6) Restored or constructedConstructed wetlands in buffer systems. An area where hydric (wetland) vegetation and hydrology are established within or adjacent to a buffer system that filters pollutants from runoff or underground tile lines, or both. (Land enrolled in the Conservation Reserve Program, or other similar programs, is eligible, if this practice is not an allowable practice under that program.) 12.72(7) Wetland restoration. Land enrolled in the Conservation Reserve Program, or other similar programs, is eligible, if this practice is not an allowable practice under that program. 12.72(8) Bioengineering for stabilization of banks along waterwaysStreambank and shoreline protection. A system designed to emphasize the use of live vegetation, natural materials, and structural practices to produce living, functioning systems to stabilize stream banks, reduce sedimentation, provide habitat, and filter pollutants. Bioengineering usesThe practice must be bioengineered using combinations of stream-side plantings or trees, other vegetation, structural practices such as modification of slopes, and installation of reinforcing materials and in-stream structures. (Land enrolled in the Conservation Reserve Program, or other similar programs, is eligible, if this practice is not an allowable practice under that program.)

ITEM 5. Amend rule 27—12.73(161C) as follows:

27—12.73(161C) Eligible practices for priority water resource protection. Practices listed in this rule are eligible for water protection practice fund reimbursement only in those areas or instances approved in rule 27—12.75(161C). 12.73(1) Grassed waterway. A natural or constructed waterway or outlet, shaped and graded, on which suitable vegetation is established to conduct excess surface runoff water from terraces, diversions or natural watershed basins. 12.73(2) Grade stabilization structure. An earthen dam or embankment with a mechanical outlet (pipe conduit, drop spillway or chute outlet, etc.) to stabilize the flowline grade or control head cutting in a natural or constructed channel. 12.73(3) Terrace. An earthen barrier or embankment constructed across the field slope using a combination of a ridge and channel to reduce field erosion and trap sediment. Types of terraces commonly referred to as broad based, narrow based, grassed backslope, basin, level, gradient and parallel are eligible for water protection practice fund reimbursement. 12.73(4) Water and sediment control basin. A short earthen embankment with an underground outlet, constructed across the slope in minor water courses to reduce erosion and trap sediment. 12.73(5) Diversion. A channel with a supporting ridge on the lower side constructed across the slope to conduct excess runoff water to a suitable outlet. 12.73(6) Animal waste management systemWaste storage facility. A planned system to correct existing animal waste management problems in which all necessary components are installed for managing liquid and solid waste, including runoff from concentrated waste areas from an existing animal feeding operation, in a manner that does not degrade soil or water resources. Cost-sharing under this practice is not authorized for: a. Portable pumps and pumping equipment. b. Waste disposal equipment. c. Building, modification of a building, that portion of the animal waste structure that serves as part of the building, or its foundation. d. That portion of the cost of animal waste control structures attributed to expansion of an animal waste management system. 12.73(7) Stormwater quality best management practices (BMPs). A technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in the most cost-effective manner. BMPs can be either: a. Nonstructural BMPs, which include a range of pollution prevention, education, or institutional management and development practices designed to limit the conversion of rainfall to runoff and to prevent pollutants from entering runoff at the source of runoff generation; or b. Structural BMPs, which are engineered and constructed systems that are used to treat the stormwater at either the point of generation or the point of discharge to either the storm sewer system or to receiving waters (e.g., detention ponds or constructed wetlands).

ITEM 6. Amend subrule 12.77(1) as follows: 12.77(1) Cost-share rates. Cost-share rates for practices designated in rule 27—12.72(161C) shall be 50 percent of the eligible or estimated cost of installation, whichever is less, except for strip-cropping contourcontour buffer strips and field borders. Cost-share rates for 12.72(2), contour buffer strips, and 12.72(3), field borders, and 12.72(5), strip-cropping contour, shall be a one-time payment of 50 percent of the eligible or estimated cost of installation, whichever is less, up to $25 per acre.

ITEM 7. Amend rule 27—12.82(161C) as follows:

27—12.82(161C) Eligible practices. Land enrolled in the Conservation Reserve Program is only eligible for woodland establishment, management and protection practices and is also eligible for native grass and forb establishment. All practices listed in this part are available to all other eligible landowners within Iowa soil and water conservation districts. All practices listed below are permanent. 12.82(1) Windbreaks. A belt of trees or shrubs established or restored next to an occupied structure.A windbreak must meet either NRCS Standard 380-Windbreak/shelterbelt establishment or NRCS Standard 650-Windbreak/shelterbelt renovation. 12.82(2) Field windbreak. A belt of trees or shrubs established or restored, within or adjacent to a field.A windbreak must meet either NRCS Standard 380-Windbreak/shelterbelt establishment or NRCS Standard 650-Windbreak/shelterbelt renovation. 12.82(3) TimberForest stand improvement. To increase the growth and quality of forest stands and improve wildlife habitat. Minimum eligible area is five acres. 12.82(4) Tree planting. To establish a stand of trees for timber production and environmental improvement. Minimum eligible area is three acres. 12.82(5) Site preparation for natural regeneration. To establish a stand of forest trees through natural regeneration for timber production and environmental improvement. Minimum eligible area is three acres. 12.82(6) Riparian forest buffer. To establish an area of trees or shrubs, or both, located adjacent to and up-gradient from water bodies. 12.82(7) Rescue treatments. To rescue plantations from conditions that would threaten the adequate survival or quality of the plantation if not controlled. Minimum eligible area is three acres. 12.82(8) Prescribed grazing. The controlled harvest of vegetation with grazing or browsing animals that is managed with the intent to achieve a specified objective.The practice must include a minimum of two paddocks of native species grasses. 12.82(9) Conservation cover. Establishing and maintaining perennial vegetative cover on land.

ITEM 8. Amend rule 27—12.83(161C) as follows:

27—12.83(161C) Practice standards and specifications. Soil and water conservation practices shall meet Natural Resources Conservation Service conservation standards and specifications where applicable. These standards may be accessed through the electronic field office technical guide at http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=IA.Tree planting, timberforest stand improvement, site preparation for natural regeneration and rescue treatment standards may be accessed through the department of natural resource’s forestry technical guide found at http://www.iowadnr.com/forestry/pdf/techguide.pdf.Standards and specifications are also available in hard copy in the district office where the practice will be implemented. These specifications and the general conditions, rule 27—10.81(161A), shall be met in all cases. To the extent of any inconsistency between the general conditions and the specifications, the general conditions shall control.

ITEM 9. Amend rule 27—12.84(161C) as follows:

27—12.84(161C) Cost-share rates. The following cost-share rates shall apply for eligible practices designated in rule 27—12.82(161C). The use of state cost-share funds alone or in combination with other public funds shall not exceed the limits established by these rules. 12.84(1) Windbreaks. 75 percent of the actualeligible or estimated cost, whichever is less, not to exceed $1500 for the total cost of the establishment or restoration of the windbreak. 12.84(2) Field windbreaks. 75 percent of the actualeligible or estimated cost, whichever is less, not to exceed $450 per acre. 12.84(3) TimberForest stand improvement. 75 percent of the actualeligible or estimated cost, whichever is less, not to exceed $120 per acre for prescribed woodland burning, thinning, pruning crop trees, or releasing seedlings or young trees. 12.84(4) Tree planting. a. 75 percent of the actualeligible or estimated cost, whichever is less, not to exceed $450 per acre, for tree planting including the following: (1) Establishing ground cover, (2) Trees and tree-planting operations, (3) Weed and pest control, (4) Mowing, disking, and spraying. b. 75 percent of the actualeligible or estimated cost, whichever is less, not to exceed $150 per acre for woody plant competition control. 12.84(5) Site preparation for natural regeneration. 75 percent of the actualeligible or estimated cost, whichever is less, not to exceed $120 per acre of site preparation. 12.84(6) Riparian forest buffer. 75 percent of the actual costeligible or estimated cost, whichever is less. 12.84(7) Rescue treatment. a. 75 percent of the actualeligible or estimated cost, whichever is less, not to exceed $60 per acre to establish alternate cover for competition control. b. A one-time payment of 75 percent of the actualeligible or estimated cost, whichever is less, not to exceed $15 per acre to control damaging rodent populations. c. 75 percent of the actualeligible or estimated cost, whichever is less, not to exceed $450 per acre, for plantation replanting including the following: (1) Establishing ground cover, (2) Trees and tree planting, (3) Weed control. 12.84(8) PlannedPrescribed grazing systems. 75 percent of the actual costeligible or estimated cost, whichever is less. Systems must include at least two paddocks of native species grasses. Development of a water source is not eligible. Does not include boundary fences or road fences. 12.84(9) Conservation cover. 75 percent of the actual costeligible or estimated cost, whichever is less. 12.84(10) Fencing systems. Fencing systems used to implement or protect a conservation practice described in rule 27—12.82(161C) are eligible for the lesser of 75 percent of the actual costeligible or the estimated cost. The fencing costs cannot exceed $14 per rod for permanent fencing or $5 per rod for temporary electric fencing. Fences along roads or land boundaries are not eligible.ARC 8624BInsurance Division[191]Adopted and Filed

Pursuant to the authority of Iowa Code section 515F.37, the Insurance Division amends Chapter 20, “Property and Casualty Insurance Rate and Form Filing Procedures,” Iowa Administrative Code. These amendments change the rules governing the Iowa FAIR Plan and align the rules with the actual practices of the Plan. The amendments remove from consideration the failure to pay property taxes and maintain utilities as risk factors when new policies are written or existing policies are renewed. The requirement that a producer present a rejection notice is eliminated and replaced by the requirement to submit a written statement indicating the producer’s inability to obtain coverage in the voluntary market. These amendments also update citations that were rendered inaccurate due to the reorganization of Iowa Code chapter 515. Notice of Intended Action was published in the Iowa Administrative Bulletin on January 27, 2010, as ARC 8492B. No public comment was received on these amendments. These amendments are identical to the amendments published under Notice of Intended Action. These amendments will become effective on April 28, 2010. These amendments are intended to implement Iowa Code section 515F.37.

ITEM 1. Amend rule 191—20.52(515,515F) as follows:

191—20.52(515,515F) Reasonable underwriting standards for property coverage. 20.52(1) The following characteristics may be used in determining whether a risk is acceptable for property coverage. Where there is more than one cause for declination, all causes shall be listed and complied with before the property may be accepted for insurance purposes. a. Physical condition of property; however, the mere fact that a property does not satisfy all current building code specifications will not, of itself, suffice as a reason for declination. b. The property’s present use as extended vacancy or extended unoccupancy of the property for 60 consecutive days. Properties that are vacant or unoccupied for more than 60 days may be insured while rehabilitation or reconstruction work is actively in process, meaning that the insured or owner should make monthly progress in order to complete the rehabilitation or reconstruction within a one-year time frame. c. Other specific characteristics of ownership, condition, occupancy or maintenance that violate the law and that result in substantial increased exposure to loss. Any circumstance considered under this paragraph must relate to the peril insured against. d. Characteristics of ownership or maintenance of building including any two of the following conditions: (1) Failure to pay real estate taxes on a property after the taxes have been delinquent for one year or more. Real estate taxes shall not be deemed to be delinquent for this purpose even if they are due and constitute a lien so long as a grace period remains under local law during which such taxes may be paid without penalty. (2) Failure, within the insured’s control, to furnish water for 30 consecutive days or more. (3) Failure, within the insured’s control, to furnish heat for 30 consecutive days or more during the heating season. (4) Failure, within the insured’s control, to furnish public lighting for 30 consecutive days or more. e. d. Physical condition of buildings which results in an outstanding order to vacate, in an outstanding demolition order or in being declared unsafe in accordance with the applicable law. f. e. One or more of the conditions for nonrenewal as listed in 191—20.54(515,515F) currently exist. The Plan shall upon notice that conditions at the buildings have changed consider new application for coverage. g. f. Vandalism and malicious mischief coverage shall not be provided for a dwelling or commercial property where the property has been subject to two vandalism and malicious mischief losses, each loss amounting to at least $500, in the immediately preceding 12-month period, or three or more such losses in the immediately preceding 24-month period. h. g. Previous loss history or matters of public record concerning the applicant or any person defined as an insured under the policy. i. h. Any other guidelines which have been approved by the commissioner. 20.52(2) Reserved.

ITEM 2. Amend rule 191—20.54(515,515F) as follows:

191—20.54(515,515F) Cancellation; nonrenewal and limitations; review of eligibility. 20.54(1) The Plan shall not cancel or refuse to renew a policy issued by the Plan except for the following reasons: a. Facts as confirmed by inspection or investigation which would have been grounds for nonacceptance of the risk by the Plan had they been known to the Plan at the time of acceptance. b. Changes in the physical condition of the property or other changed conditions as confirmed by inspection or investigation that make the risk uninsurable duepursuant to paragraphs “lj” and “mk.” c. Nonpayment of premiums. d. At least 65 percent of the rental units in the building are unoccupied, and the insured has not received prior approval from the Plan of a rehabilitation program which necessitates a high degree of unoccupancy. e. Unrepaired damage exists and the insured has stated that repairs will not be made, or such time has elapsed as clearly indicates that the damage will not be repaired. The elapsed time under this paragraph is a length of time over 60 days where the damage remains unrepaired, unless there are known to be extenuating circumstances. f. After a loss, permanent repairs have not been commenced within 60 days following payment of the claim, unless there are known to be extenuating circumstances. The 60-day period starts upon acceptance of payment of the claim. g. Property has been abandoned for 90 days or more. h. Utilities such as electric, gas or water services have been disconnected or the insured has failed to pay an account for such services within 120 days. i. Real estate taxes have not been paid for a two-year period after the taxes have become delinquent. Real estate taxes shall not be deemed to be delinquent for this purpose if they are due and constitute a lien so long as a grace period remains under local law under which taxes may be paid without penalty. j. h. There is good cause to believe, based on reliable information, that the building will be burned for the purpose of collecting the insurance on the property. The removal of damaged salvageable items, such as normally permanent fixtures, from the building shall be considered under this paragraph when the insured can provide no reasonable explanation for such removal. k. i. A named insured or loss payee or other person having a financial interest in the property being convicted of the crime of arson or a crime involving a purpose to defraud an insurance company. The fact that an appeal has been entered shall not negate the use of this paragraph. l. j. The property has been subject to more than two losses, each loss amounting to at least $500 or 1 percent of the insurance in force, whichever is greater, in the immediately preceding 12-month period, or more than three such losses in the immediately preceding 24-month period, provided that the cause of such losses is due to the conditions which are the responsibility of the owner named insured or due to the actions of any person defined as an insured under the policy. m. k. Theft frequency in which there have been more than two thefts, each loss amounting to at least $500, in a 12-month period. n. l. Material misrepresentation in any statement to the Plan. o. m. On homeowners policies, excessive theft or liability losses. If a given property has been subject to two vandalism and malicious mischief losses, each loss amounting to at least $500, in the immediately preceding 12-month period, or three or more such losses in the immediately preceding 24-month period, the Plan may convert the homeowners policy to a dwelling policy without vandalism and malicious mischief coverage. 20.54(2) The Plan shall terminate all insurance contracts in accordance with Iowa Code sections 515.80515.125, 515.81A515.127, and 515.81B515.128. 20.54(3) At the completion of 36 months of coverage and prior to the completion of 48 months, each risk shall be reviewed for its eligibility for coverage in the voluntary market. The risk shall be submitted by the Plan to the producer of record, if any, for a search of the voluntary market. If the producer resubmits the risk to the Plan, itthe risk must be resubmitted with a new application and accompanied by a current rejection noticea written statement from the producer that a search of the voluntary market was performed. The Plan shall reinspect the risk before coverage is provided.Editor’s Note: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [20.52, 20.54] is being omitted. These amendments are identical to those published under Notice as ARC 8492B, IAB 1/27/10.[Filed 3/3/10, effective 4/28/10][Published 3/24/10][For replacement pages for IAC, see IAC Supplement 3/24/10.]ARC 8626BIowa Finance Authority[265]Adopted and Filed

Pursuant to the authority of Iowa Code sections 17A.3(1)“b” and 16.5(1)“r” and 2009 Iowa Acts, Senate File 376, sections 5 to 12, the Iowa Finance Authority hereby amends Chapter 32, “Iowa Jobs Program,” Iowa Administrative Code. The purpose of these amendments is to implement 2009 Iowa Acts, Senate File 376, sections 5 to 12, by amending rule 265—32.8(16), relating to grant awards, and 265—32.9(16), relating to the administration of awards. Notice of Intended Action was published in the Iowa Administrative Bulletin on January 13, 2010, as ARC 8454B. These amendments were also Adopted and Filed Emergency and were published as ARC 8455B on the same date. The Authority did not receive any public comment on the amendments. The Authority has made no changes to the amendments as published under Notice. The Iowa Finance Authority adopted these amendments on March 3, 2010. These amendments are intended to implement Iowa Code section 16.5(1)“r” and 2009 Iowa Acts, Senate File 376, sections 5 to 12. These amendments will become effective on April 28, 2010, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

ITEM 1. Amend rule 265—32.8(16,83GA,SF376) as follows:

265—32.8(16,83GA,SF376) Grant awards. The Iowa jobs board may fund a component of a proposed project if the entire project does not qualify for funding. The board shall review awards made to ensure geographic diversity. In order to promote geographic diversity, the board may defer grant decisions on applications from areas which have received previous grant awards to allow applications from other parts of the state to be considered. In the event that a competitive grant recipient, prior to execution of an Iowa jobs grant agreement, is awarded a federal grant for its project, in whole or in part, which federal grant, or the possibility thereof, was not disclosed as part of the recipient’s application, the board may withdraw all or part of the Iowa jobs program grant.

ITEM 2. Amend rule 265—32.9(16,83GA,SF376) as follows:

265—32.9(16,83GA,SF376) Administration of awards. 32.9(1) A grant agreement shall be executed between successful applicants (under both the competitive and noncompetitive grant programs) and the Iowa jobs board. These rules and applicable state laws and regulations shall be part of the contract. The board reserves the right to negotiate wage rates as well as other terms and conditions of the contract. 32.9(2) Grant agreement. a. Following the board’s determination that a competitive grant application should be approved, authority staff shall propose a draft grant agreement to the recipient. Within 30 days of either transmission of the proposed grant agreement to the recipient or transmission of notice of how the proposed grant agreement may be accessed by the recipient via the Internet, the recipient shall notify the authority as to whether the recipient will execute the proposed agreement or whether the recipient would prefer to negotiate a different agreement. If the recipient elects to execute the proposed agreement, or if the recipient fails to make a timely election, the authority shall prepare and transmit to the recipient on behalf of the board a final contract for execution. b. If the recipient elects to negotiate a different agreement, the recipient shall, at the time it makes such election, notify the authority of the requested changes to the proposed grant agreement. The authority shall consider the requested changes and may make such revisions to the proposed agreement as the authority determines to be prudent and in the best interests of the Iowa jobs program and the state of Iowa under the circumstances. c. Once the authority and the recipient have reached an agreement, the authority shall prepare and transmit to the recipient on behalf of the board a final contract, subject to approval by the board. d. If the authority and the recipient are unable to reach an agreement, the authority shall, with the board’s approval, draft and transmit to the recipient on behalf of the board a final contract consisting of the Iowa jobs board’s best and final offer. 32.(2) 32.9(3) The recipient must execute and return the contract to the Iowa jobs board within 45 days of transmittal of the final contract from the Iowa jobs board. Failure to do so may be cause for the Iowa jobs board to terminate the award. 32.(3) 32.9(4) Certain projects may require that permits or clearances be obtained from other state, local, or federal agencies before the activity may proceed. Awards may be conditioned upon the timely completion of these requirements. 32.(4) 32.9(5) Awards may be conditioned upon commitment of other sources of funds necessary to complete the project. 32.(5) 32.9(6) Any substantive change to a contract shall be considered an amendment. Substantive changes include time extensions, budget revisions, and significant alterations that change the scope, location, objectives or scale of an approved project. Amendments must be requested in writing by the recipient and are not considered effective until approved by the Iowa jobs board and confirmed in writing by IFA staff following the procedure specified in the contract between the recipient and the Iowa jobs board.Editor’s Note: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [32.8, 32.9] is being omitted. These amendments are identical to those published under Notice as ARC 8454B and Adopted and Filed Emergency as ARC 8455B, IAB 1/13/10.[Filed 3/4/10, effective 4/28/10][Published 3/24/10][For replacement pages for IAC, see IAC Supplement 3/24/10.]ARC 8621BLabor Services Division[875]Adopted and Filed

Pursuant to the authority of Iowa Code section 89A.3, the Elevator Safety Board hereby amends Chapter 65, “Elevator Safety Board Administrative and Regulatory Authority,” Chapter 66, “Waivers or Variances from Administrative Rules by the Elevator Safety Board,” Chapter 67, “Elevator Safety Board Petitions for Rule Making,” Chapter 68, “Declaratory Orders by the Elevator Safety Board,” Chapter 69, “Contested Cases Before the Elevator Safety Board,” and Chapter 70, “Public Records and Fair Information Practices of the Elevator Safety Board,” Iowa Administrative Code. These amendments make editorial and technical changes; adopt a definition of “conveyance”; require that a petitioner use the appropriate board form to petition for board action; change the language concerning public comment during board meetings; clarify procedures for informal review of inspection reports; set forth procedures for an appeal from an action by the Labor Commissioner to suspend, deny or revoke an operating permit; and clarify procedures for issuance of a subpoena during a contested case. The purposes of these amendments are to protect the health and safety of the public, make the rules more clear, align the language with the authority of Iowa Code chapters 17A and 89A, and implement legislative intent. Notice of Intended Action was published in the December 2, 2009, Iowa Administrative Bulletin as ARC 8322B. No public comment was received on the proposed amendments. These amendments are identical to those published under Notice of Intended Action. These amendments are intended to implement Iowa Code chapter 89A. These amendments shall become effective on April 28, 2010.

ITEM 1. Amend rule 875—65.1(89A) as follows:

875—65.1(89A) Definitions. The definitions contained in this rule apply to 875—Chapters 65 to 73. "Board" means the elevator safety board. "Board office" means the offices of the division of labor services of the department of workforce development. "Commissioner" means the labor commissioner of the state of Iowa. "Conveyance" means an elevator, construction personnel hoist, dumbwaiter, escalator, moving walk, lift or inclined or vertical wheelchair lift subject to regulation under Iowa Code chapter 89A, and includes hoistways, rails, guides, and all other related mechanical and electrical equipment.

ITEM 2. Rescind rule 875—65.2(89A) and adopt the following new rule in lieu thereof:

875—65.2(89A) Purpose and authority of board. The purpose of the board is to perform statutory duties pursuant to Iowa Code chapter 89A. The mission of the board is to protect the public health, safety and welfare relating to the safe and proper installation, repair, maintenance, alteration, use, and operation of conveyances in the state. The authority and responsibilities of the board include, but are not limited to: 65.2(1) Adopting rules necessary to protect public health, safety and welfare and to administer the duties of the board. 65.2(2) Hearing and deciding appeals concerning inspection reports that relate to the installation, operation, and maintenance of conveyances in the state. 65.2(3) Hearing and deciding appeals concerning actions by the commissioner to deny, suspend or revoke operating permits. 65.2(4) Establishing fees. 65.2(5) Establishing committees of the board, the members and chairpersons of which shall be appointed by the board chairperson. 65.2(6) Performing any other function authorized by law.

ITEM 3. Rescind subrule 65.3(4).

ITEM 4. Amend subrules 65.4(5) and 65.4(6) as follows: 65 65.4 4(5) Members of the public may be present during board meetings unless the board votes to hold a closed session in accordance with Iowa Code chapter 21. The dates and locations of board meetings may be obtained from the division of labor’s Web site or directly from the board office. 65 65.4 4(6) At every regularly scheduled board meeting, time will be designated for public comment. During the public comment period, any person may speak for up to two minutes. Requests to speak for two minutes per person later in the meeting when a particular topic comes before the board should be made at the time of the public comment period and willmay be granted at the discretion of the chairperson. No more than ten minutes will be allotted for public comment at any one time unless the chairperson indicates otherwise. 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.The chairperson may limit total public comment time to ten minutes.

ITEM 5. Amend rule 875—66.3(17A,89A), introductory paragraph, as follows:

875—66.3(17A,89A) Criteria for waiver or variance. In response to a petition completed pursuant to this chapter, the board may, in its sole discretion, issue an order waiving, in whole or in part, the requirements of a rule as applied to an identified person on the basis of the particular circumstances of that person if the board finds, based on clear and convincing evidence, all of the following:

ITEM 6. Amend subrule 66.4(3) as follows: 66.4(3) Filing petition. A petition is deemed filed when it is received in the board’s office. A petition should be sent to the Elevator Safety Board, Department of Workforce Development, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319. The petitioner shall submit the petition and all related materials for consideration at least three weeks prior to a scheduled board meeting for board review of the petition at the meeting.

ITEM 7. Amend rule 875—66.5(17A,89A), introductory paragraph, as follows:

875—66.5(17A,89A) Content of petition. The required form for a petition for waiver or variance is available on the board’s Web site at http://www.iowaworkforce.org/labor/elevatorboard.htm. A petition for waiver shall include the following information where applicable and known to the requesterpetitioner:

ITEM 8. Amend subrules 66.5(5), 66.5(6), 66.5(10) and 66.5(11) as follows: 66 66 66 66.5 5 5 5(5) A history of any prior contacts between the board, other departments or agencies of the state of Iowa, or political subdivisions and the petitioner relating to the elevator, escalator, or other equipmentconveyance affected by the proposed waiver. 66 66 66 66.5 5 5 5(6) Any information known to the requesterInformation regarding the board’s action in similar cases. 66 66 66 66.5 5 5 5(10) Signed releases of information authorizing persons with knowledge regarding the requestpetition to furnish the board with information relevant to the petition for waiver. 66 66 66 66.5 5 5 5(11) The state identification number of the elevator, escalator, or related equipmentconveyance.

ITEM 9. Amend rule 875—66.6(17A,89A) as follows:

875—66.6(17A,89A) Additional information. Prior to issuing an order granting or denying a waiver, the board may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the board may, on its own motion or at the petitioner’s request, schedule a telephonic or in-person meeting between the petitioner and a representative or representatives of the board related to the waiver request. The petitioner must submit all materials for consideration at least three weeks prior to board review.

ITEM 10. Amend rule 875—67.1(17A,89A), introductory paragraph, as follows:

875—67.1(17A,89A) Petitions for rule making. Any person or agency may file a petition for rule making with the board requesting the adoption, amendment or repeal of a rule. The required form for a petition for rule making is available on the board’s Web site at http://www.iowaworkforce.org/labor/elevatorboard.htm. The petition shall be filed at the location specified in rule 875—65.5(89A). A petition is deemed filed when it is received by the board office. The board office shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the board an extra copy for this purpose. The petition must be in writing and provide the following information where applicable and known to the requesterpetitioner:

ITEM 11. Amend subrule 67.1(7) as follows: 67.1(7) The board may deny a petition because it does not provide the required information. The petitioner may file a new petition on the same subject that seeks to eliminate the grounds for the board’s rejection.

ITEM 12. Amend subrule 68.1(1), introductory paragraph, as follows: 68.1(1) The required form for a petition for declaratory order is available on the board’s Web site at http://www.iowaworkforce.org/labor/elevatorboard.htm. The petition must be in writing and provide the following information where applicable and known to the requesterpetitioner:

ITEM 13. Amend paragraph 68.1(1)"c" as follows: c. TheClear and concise questions the petitioner wants answered, stated clearly and conciselythe board to answer.

ITEM 14. Amend subrules 68.3(1) and 68.3(2) as follows: 68 68.3 3(1) PersonsA person who qualifyqualifies under any applicable provision of law as an intervenor and who filefiles a petition for intervention within 20 days of the filing of a petition for declaratory order shall be allowed to intervene in a proceeding for a declaratory order. 68 68.3 3(2) AnyAt the board’s discretion, a person who files a petition for intervention at any timemore than 20 days after the filing of a petition for declaratory order but prior to the issuance of an order may be allowed to intervene in a proceeding for a declaratory order at the discretion of the board.

ITEM 15. Rescind rule 875—68.7(17A,89A) and adopt the following new rule in lieu thereof:

875—68.7(17A,89A) Board review procedures. 68.7(1) Within 30 days after receipt of a petition for a declaratory order, the board shall issue a document that does one of the following: a. Declares the applicability of the statute, rule or order to the specified circumstances, b. Sets the matter for specific proceedings, c. Agrees to issue a declaratory order by a specified time, or d. Declines to issue a declaratory order and sets forth the reasons for its actions as provided in subrule 68.9(1). 68.7(2) The board may request the petitioner to submit additional information or argument concerning the petition. The board may also solicit comments from any person on the substance of the petition. Also, comments on the substance of the petition may be submitted to the board by any person. 68.7(3) The petitioner and all intervenors shall be provided a reasonable opportunity to make a presentation to the board. The length of time allotted for presentation shall be reasonable in light of the complexity and number of issues involved.

ITEM 16. Rescind and reserve rule 875—68.8(17A,89A).

ITEM 17. Rescind and reserve paragraph 68.9(1)"b".

ITEM 18. Amend rule 875—69.1(17A,89A), introductory paragraph, as follows:

875—69.1(17A,89A) Reconsideration of inspection report. The owner or operator of a piece of equipment subject to a written inspection report may, within 30 days of the issuance of the report, petition the commissioner for reconsideration of the report within 30 days of the issuance of the report. Failure to seek timely reconsideration of the inspection report from the commissioner shall be deemed a waiver of all appeal rights under Iowa Code section 89A.13(5). The burden of demonstrating compliance with all applicable statutory provisions, administrative rules, and codes adopted by reference rests upon the petitioning owner or operator.

ITEM 19. Amend subrule 69.1(1), introductory paragraph, as follows: 69.1(1) A petition for reconsideration shall be in writing and must be signed by the requesting party or a representative of that party. The required form for a petition for reconsideration is available on the board’s Web site at http://www.iowaworkforce.org/labor/elevatorboard.htm. A petition for reconsideration shall specify:

ITEM 20. Amend subrule 69.1(2) as follows: 69.1(2) A copy of the challenged inspection report shall be attached to the petition for reconsideration. The petitioning party shall also include all relevant documents relevant to the petition for reconsideration that the petitioning party desires the commissioner to consider when evaluating the petition.

ITEM 21. Rescind rule 875—69.2(17A,89A) and adopt the following new rule in lieu thereof:

875—69.2(17A,89A) Appeal to the board. A decision by the commissioner to deny, suspend, or revoke an operating permit; a decision by the commissioner to deny a petition for reconsideration; and a deemed denial of a petition for reconsideration are subject to appeal to the board. At a minimum, an appeal shall include a short and concise statement of the basis for the appeal. The required form for an appeal to the board is available on the board’s Web site at http://www.iowaworkforce.org/labor/elevatorboard.htm. An appeal to the board shall be a contested case proceeding subject to the provisions of Iowa Code chapter 17A. The commissioner shall have an automatic right of intervention in any appeal and shall defend the ruling in a contested case proceeding. The deadlines for filing an appeal are set forth below: 69.2(1) Reconsideration of an inspection report. An appeal must be filed in writing with the board within 30 calendar days of the earlier of either the issuance of the commissioner’s written ruling on a petition for reconsideration or the deemed denial of a petition for reconsideration. 69.2(2) Notification of intent to deny, suspend, or revoke an operating permit. An appeal must be filed in writing with the board within 30 calendar days of the appellant’s receipt of the notification of intent to deny, suspend, or revoke an operating permit.

ITEM 22. Amend rule 875—69.3(17A,89A), introductory paragraph, as follows:

875—69.3(17A,89A) Informal review. If the board considers it appropriate, and if requested and consented to by all partiesIf the appellant requests and the commissioner does not object, the board may grant a voluntaryconduct an informal review of the facts and circumstances regarding the inspection report at issue, subject to the provisions of this rule.

ITEM 23. Adopt the following new subrule 69.3(3): 69.3(3) Rules 875—69.4(17A,89A) through 875—69.31(17A,89A) do not apply during informal review.

ITEM 24. Amend rule 875—69.6(17A,89A) as follows:

875—69.6(17A,89A) Scope of issues. Only those issues raised before the commissionerby the petitioner in the petition for reconsideration will be considered preserved for appeal to the board in an appeal from the denial of a petition for reconsideration or an appeal from the deemed denial of a petition for reconsideration.

ITEM 25. Rescind rule 875—69.7(17A,89A) and adopt the following new rule in lieu thereof:

875—69.7(17A,89A) File transmitted to the board. Within 30 days of the issuance of a notice of hearing, the commissioner shall forward to each board member and all parties of record to the appeal copies of the applicable documents set forth below:

Inspection report,
Petition for reconsideration with the appellant’s attachments,
Documents obtained by the commissioner in ruling on the petition for reconsideration,
Commissioner’s ruling on the petition for reconsideration, and
Appeal to the board.

ITEM 26. Amend subrule 69.10(3) as follows: 69.10(3) Filing—when required. After the notice of hearing, all documents in a contested case proceeding shall be filed with the board office. All documents that are required to be served upon a party shall be filed simultaneously with the board.

ITEM 27. Amend subrules 69.17(1), 69.17(2) and 69.17(4) as follows: 69 69 69.17 17 17(1) TheUpon the written request of a party, the presiding officer shall, upon the written request of the appellant or the state, issue a subpoena to compel the attendance of witnesses or to obtain evidence which is deemed necessary in connection with a contested case. A command to produce evidence may be joined with a command to appear at deposition or hearing or may be issued separately. 69 69 69.17 17 17(2) A request for a subpoena shall include the following information, as applicable, unless the subpoena is requested to compel testimony or documents for rebuttal or impeachment purposes: a. The name, address and telephone number of the person requesting the subpoena; b. The name and address of the person to whom the subpoena shall be directed; c. The date, time, and location at which the person shall be commanded to attend and give testimony; d. Whether the testimony is requested in connection with a deposition or hearing; e. A description of the books, papers, records or other evidence requested; f. The date, time and location for production, or inspection and copying. 69 69 69.17 17 17(4) Unless a subpoena is requested to compel testimony or documents for rebuttal or impeachment purposes, theThe presiding officer shall mail or otherwise provide copies of all subpoenas to the parties to the contested case. The person who requested the subpoena is responsible for serving the subpoena upon the subject of the subpoena.

ITEM 28. Amend subrule 69.23(10) as follows: 69.23(10) Oral proceedings shall be electronically recorded. Upon request, the board shall provide a copy of the whole or any portion of the audio recording at a reasonable cost. A certified shorthand reporter may be engaged to record the proceeding at the request of a party and at the expense of the party making the request. A transcription of the record of the hearing shall be made at the request of either party at the expense of the party making the request. The parties may agree to divide the cost of the transcription. A record of the proceedings, which may be either the original recording, a copy, or a transcript, shall be retained by the secretaryboard for five years after the resolution of the case.

ITEM 29. Amend paragraphs 69.23(11)"a" and 69.23(11)"c" as follows: a. If a party fails to appear or participate in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournmentcontinuance is granted, enter a default decision or proceed with the hearing and render a decision in the absence of the party. c. Default decisions or decisions rendered on the merits after a party has failed to appear or participate in a contested case proceeding become final board action unless, within 15 days after the date of notification or mailing of the decision, a motion to vacate is filed and served on all parties or an appeal of a decision on the merits is timely initiated within the time provided by subrule 69.27(3). A motion to vacate must state all facts relied upon by the moving party whichthat establish that good cause existed for that party’s failure to appear or participate at the contested case proceeding. Each fact so stated must be substantiated by at least one attached, sworn affidavit of a person with personal knowledge of each such fact, which affidavit(s) must be attached to the motion.

ITEM 30. Amend paragraph 69.25(6)"a" as follows: a. If the presiding officer determines that disqualification is warranted, the following shall be submitted for inclusion in the record under seal by protective order: (1) aA copy of any prohibited written communication, (2) allAll written responses to the communication, (3) aA written summary stating the substance of any prohibited oral or other communication not available in written form for disclosure,and all responses made, and (4) theThe identity of each person from whom the presiding officer received a prohibited ex parte communication shall be submitted for inclusion in the record under seal by protective order; or

ITEM 31. Rescind the definition of “Agency” in rule 875—70.1(22,89A).

ITEM 32. Amend rule 875—70.1(22,89A), definitions of “Confidential record,” “Record” and “Record system,” as follows: "Confidential record" in these rules means a record which is not available as a matter of right for examination and copying by members of the public under applicable provisions of law. Confidential records include records or information contained in records that the agencyboard is prohibited by law from making available for examination by members of the public, and records or information contained in records that are specified as confidential by Iowa Code section 22.7, or other provision of law, but that may be disclosed upon order of a court, the lawful custodian of the record, or by another person duly authorized to release the record. Mere inclusion in a record of information declared confidential by an applicable provision of law does not necessarily make that entire record a confidential record. "Record" in these rules means the whole or a part of a “public record,” as defined in Iowa Code section 22.1, that is owned by or in the physical possession of this agencythe board. "Record system" in these rules means any group of records under the control of the agencyboard from which a record may be retrieved by a personal identifier such as the name of an individual, number, symbol, or other unique retriever assigned to an individual.

ITEM 33. Amend rule 875—70.2(22,89A) as follows:

875—70.2(22,89A) Statement of policy. The purpose of this chapter is to facilitate broad public access to open records and sound agencyboard determinations with respect to the handling of confidential records and the implementation of the fair information practices Act. This agencyThe board is committed to the policies set forth in Iowa Code chapter 22; the agencyboard shall cooperate with members of the public in implementing the provisions of that chapter.

ITEM 34. Amend subrules 70.3(1) and 70.3(5) to 70.3(7) as follows: 70.3(1) Location of record. A request for access to a record should be directed to the board at the Department of Workforce Development, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319. If a request for access to a record is misdirected, the request will be promptly forwarded to the appropriate person within the agency. 70.3(5) Security of record. No person may, without permission from the custodian, search or remove any record from agencyboard files. Examination and copying of agencyboard records shall be supervised by the custodian or a designee of the custodian. Records shall be protected from damage and disorganization. 70.3(6) Copying. A reasonable number of copies of an open record may be made in the agency’sboard’s office. If photocopy equipment is not available in the agencyboard office where an open record is kept, the custodian shall permit its examination in that office and shall arrange to have copies promptly made elsewhere. 70.3(7) Fees. a. When charged.The agencyboard may charge fees in connection with the examination or copying of records only if the fees are authorized by law. To the extent permitted by applicable provisions of law, the payment of fees may be waived when the imposition of fees is inequitable or when a waiver is in the public interest. b. Copying and postage costs.Price schedules for published materials and for photocopies of records supplied by the agencyboard shall be prominently posted in agencyboard offices. Copies of records may be made by or for members of the public on agencyboard photocopy machines or from electronic storage systems at cost as determined and posted in agencyboard offices by the custodian. When the mailing of copies of records is requested, the actual costs of such mailing may also be charged to the requester. c. Supervisory fee.An hourly fee may be charged for actual agencyboard expenses in supervising the examination and copying of requested records when the supervision time required is in excess of 15 minutes. The custodian shall prominently post in agencyboard offices the hourly fees to be charged for supervision of records during examination and copying. The hourly fee shall be based upon the pay scale of the employee involved and other actual costs incurred. To the extent permitted by law, a search fee may be charged at the same rate as and under the same conditions as are applicable to supervisory fees. d. Advance deposits. (1) When the estimated total fee chargeable under this subrule exceeds $25, the custodian may require a requester to make an advance payment to cover all or a part of the estimated fee. (2) When a requester has previously failed to pay a fee chargeable under this subrule, the custodian may require advance payment of the full amount of any estimated fee before the custodian processes a new request from that requester.

ITEM 35. Strike “agency” wherever it appears in rules 875—70.5(22,89A) and 875—70.6(22,89A) and insert “board” in lieu thereof.

ITEM 36. Amend rule 875—70.7(22,89A) as follows:

875—70.7(22,89A) Consent to disclosure by the subject of a confidential record. To the extent permitted by any applicable provision of law, a person who is the subject of a confidential record may have a copy of the portion of that record concerning the subject disclosed to a third party. A request for such a disclosure must be in writing and must identify the particular record or records that may be disclosed, and the particular person or class of persons to whom the record may be disclosed and, where applicable, the time period during which the record may be disclosed. The person who is the subject of the record and, where applicable, the person to whom the record is to be disclosed, may be required to provide proof of identity. Additional requirements may be necessary for special classes of records. Appearance of counselan attorney before the agencyboard on behalf of a person who is the subject of a confidential record is deemed to constitute consent for the agencyboard to disclose records about that person to the person’s attorney.

ITEM 37. Amend paragraphs 70.8(2)"b" and 70.8(2)"c" as follows: b. To a recipient who has provided the agencyboard with advance written assurance that the record will be used solely as a statistical research or reporting record, provided that the record is transferred in a form that does not identify the subject. c. To another government agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if an authorized representative of such government agency or instrumentality has submitted a written request to the agencyboard specifying the record desired and the law enforcement activity for which the record is sought.

ITEM 38. Strike “agency” wherever it appears in rules 875—70.9(17A,89A), 875—70.11(22,89A) and 875—70.12(21,22,89A) and insert “board” in lieu thereof.

ITEM 39. Amend rule 875—70.13(22,89A) as follows:

875—70.13(22,89A) Applicability. This chapter does not: 70.13(1) Require the agencyboard to index or retrieve records that contain information about individuals by a person’s name or other personal identifier. 70.13(2) Make available to the general public records that would otherwise not be available under the public records law, Iowa Code chapter 22. 70.13(3) Govern the maintenance or disclosure of, notification of, or access to records in the possession of the agencyboard that are governed by the regulations of another agency. 70.13(4) Apply to grantees, including local governments or subdivisions thereof, administering state-funded programs, unless otherwise provided by law or agreement. 70.13(5) Make available records compiled by the agencyboard in reasonable anticipation of court litigation or formal administrative proceedings. The availability of such records to the general public or to any subject individual or party to such litigation or proceedings shall be governed by applicable legal and constitutional principles, statutes, rules of discovery, evidentiary privileges, and applicable rules of the agencyboard.

ITEM 40. Strike “agency” wherever it appears in rule 875—70.14(17A,22,89A) and insert “board” in lieu thereof.

ITEM 41. Amend rule 875—70.15(17A,21,22,89A), introductory paragraph, as follows:

875—70.15(17A,21,22,89A) Other groups of records. This rule describes groups of records maintained by the agencyboard other than record systems. These records are routinely available to the public. However, the agency’sboard’s files of these records may contain confidential information. These records may contain information about individuals. These records include:Editor’s Note: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to Chs 65 to 70] is being omitted. These amendments are identical to those published under Notice as ARC 8322B, IAB 12/2/09.[Filed 3/3/10, effective 4/28/10][Published 3/24/10][For replacement pages for IAC, see IAC Supplement 3/24/10.]ARC 8625BProfessional Licensure Division[645]Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Board of Chiropractic amends Chapter 45, “Discipline for Chiropractic Physicians,” Iowa Administrative Code. The amendment to subrule 45.2(11) changes the word “felony” to “crime” to be consistent with Iowa Code chapter 147 requirements. Notice of Intended Action was published in the Iowa Administrative Bulletin on November 18, 2009, as ARC 8278B. A public hearing was held on December 8, 2009, from 9:30 to 10 a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building. No public comments were received. This amendment is identical to that published under Notice of Intended Action. This amendment was adopted by the Board of Chiropractic on January 13, 2010. This amendment will become effective April 28, 2010. This amendment is intended to implement Iowa Code chapters 21, 147, 151 and 272C. The following amendment is adopted.

ITEM 1. Amend subrule 45.2(11) as follows: 45.2(11) Conviction of a felonycrime related to the profession or occupation of the licensee or the conviction of any felonycrime that would affect the licensee’s ability to practice within the profession. A copy of the record of conviction or plea of guilty shall be conclusive evidence. [Filed 3/4/10, effective 4/28/10][Published 3/24/10]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/24/10.ARC 8620BProfessional Licensure Division[645]Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Board of Massage Therapy hereby amends Chapter 134, “Discipline for Massage Therapists,” Iowa Administrative Code. The amendment to subrule 134.2(11) changes the word “felony” to “crime” to be consistent with Iowa Code chapter 147 requirements. Notice of Intended Action was published in the Iowa Administrative Bulletin on November 18, 2009, as ARC 8277B. A public hearing was held on December 8, 2009, from 9 to 9:30 a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building. No public comments were received. This amendment is identical to that published under Notice of Intended Action. This amendment was adopted by the Board of Massage Therapy on February 15, 2010. This amendment will become effective April 28, 2010. This amendment is intended to implement Iowa Code chapters 21, 147, 152C and 272C. The following amendment is adopted.

ITEM 1. Amend subrule 134.2(11) as follows: 134.2(11) Conviction of a felonycrime related to the profession or occupation of the licensee or the conviction of any felonycrime that would affect the licensee’s ability to practice within the profession which includes, but is not limited to, a felonious act which is so contrary to honesty, justice or good morals and so reprehensible as to violate the public confidence and trust imposed upon the licensee. A copy of the record of conviction or plea of guilty shall be conclusive evidence. [Filed 3/2/10, effective 4/28/10][Published 3/24/10]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/24/10.ARC 8635BVeterans Affairs, Iowa Department of[801]Adopted and Filed

Pursuant to the authority of Iowa Code section 35A.3(2), the Commission of Veterans Affairs hereby amends Chapter 10, “Iowa Veterans Home,” Iowa Administrative Code. This amendment fixes a discrepancy in the language between subrule 10.47(7) and Iowa Code section 17A.19(5). Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 8488B on January 27, 2010. A public hearing was held on February 17, 2010, in the Ford Memorial Conference Room, Iowa Veterans Home, Marshalltown, Iowa. No public comments were received. This amendment is identical to that published under Notice. This amendment is intended to implement Iowa Code chapter 35D. This amendment will become effective April 28, 2010. The following amendment is adopted.

ITEM 1. Amend subrule 10.47(7) as follows: 10.47(7) If a member is not satisfied with the decision of the department of inspections and appeals, the member may seek judicial review in accordance with Iowa Code chapter 17A. A member’s discharge under rule 801—10.43(35D) shall not be stayed while judicial review is pending. [Filed 3/5/10, effective 4/28/10][Published 3/24/10]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/24/10.

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