House Study Bill 138 - IntroducedA Bill ForAn Act 1relating to certain state regulations, including
2certificate of need requirements, the practice of certain
3professions, and the oversight of state preserves, and
4including effective date and transition provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2CERTIFICATE OF NEED REQUIREMENT — HOSPITALS
3 Section 1. Section 135.61, subsection 14, paragraph a, Code
42017, is amended by striking the paragraph.
5 Sec. 2. Section 135.61, subsection 18, Code 2017, is amended
6by adding the following new paragraph:
7 NEW PARAGRAPH. n. The addition of swing-beds by a hospital
8resulting in a swing-bed capacity of twenty-five or more swing
9beds, or the addition of nursing facility beds or skilled
10nursing facility beds by a hospital.
11 Sec. 3. Section 135.61, Code 2017, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 21A. “Proposed institutional health
14service” or “institutional health service proposed” includes an
15institutional health service and the new institutional health
16service or changed institutional health service specified in
17subsection 18, paragraph “n”.
18 Sec. 4. Section 135.63, subsection 2, paragraph g,
19subparagraph (1), subparagraph division (a), Code 2017, is
20amended to read as follows:
21(a) The institutional health facility reports to the
22department the number and type of beds reduced on a form
23prescribed by the department at least thirty days before the
24reduction. In the case of a health care facility, the new bed
25total must be consistent with the number of licensed beds at
26the facility. In the case of a hospital, the number of beds
27must be consistent with bed totals reported to the department
28of inspections and appeals for purposes of licensure and
29certification.
30 Sec. 5. Section 135.63, subsection 2, paragraphs k and n,
31Code 2017, are amended by striking the paragraphs.
32 Sec. 6. Section 135.63, subsection 2, paragraphs l and m,
33Code 2017, are amended to read as follows:
34l. The replacement or modernization of any institutional
35health facility if the replacement or modernization does
-1-1not add new health services or additional bed capacity for
2existing health services, notwithstanding any provision in this
3division to the contrary. With respect to a nursing facility,
4“replacement” means establishing a new facility within the same
5county as the prior facility to be closed. With reference to
6a hospital, “replacement” means establishing a new hospital
7that demonstrates compliance with all of the following criteria
8through evidence submitted to the department:
9(1) Is designated as a critical access hospital pursuant to
1042 U.S.C. §1395i-4.
11(2) Serves at least seventy-five percent of the same service
12area that was served by the prior hospital to be closed and
13replaced by the new hospital.
14(3) Provides at least seventy-five percent of the same
15services that were provided by the prior hospital to be closed
16and replaced by the new hospital.
17(4) Is staffed by at least seventy-five percent of the
18same staff, including medical staff, contracted staff, and
19employees, as constituted the staff of the prior hospital to be
20closed and replaced by the new hospital.
21m. Hemodialysis services provided by a hospital or
22 freestanding facility, notwithstanding any provision in this
23division to the contrary.
24 Sec. 7. Section 135.63, subsection 2, Code 2017, is amended
25by adding the following new paragraph:
26 NEW PARAGRAPH. q. A facility that provides services to a
27person with a primary diagnosis of mental illness as defined
28in section 229.1.
29 Sec. 8. Section 135P.1, subsection 3, Code 2017, is amended
30to read as follows:
313. “Health facility” means an institutional health
32facility as defined in section 135.61, hospital as defined
33in section 135B.1, hospice licensed under chapter 135J, home
34health agency as defined in section 144D.1, assisted living
35program certified under chapter 231C, clinic, or community
-2-1health center, and includes any corporation, professional
2corporation, partnership, limited liability company, limited
3liability partnership, or other entity comprised of such health
4facilities.
5 Sec. 9. EFFECTIVE DATES.
61. Except as provided in subsection 2, this division of this
7Act takes effect July 1, 2019.
82. The section of this division of this Act enacting
9section 135.63, subsection 2, paragraph “q”, takes effect upon
10enactment.
11DIVISION II
12REPEALS OF CERTAIN BOARDS AND CONFORMING AMENDMENTS
13 Sec. 10. Section 10A.104, subsection 15, Code 2017, is
14amended to read as follows:
1515. Administer inspections of cosmetology salons under
16section 157.7 and barbershops under section 158.6.
17 Sec. 11. Section 85B.9, subsections 2 and 4, Code 2017, are
18amended to read as follows:
192. Audiometric examinations shall be administered by
20persons who are certified by the council for accreditation
21in occupational hearing conservation or by persons licensed
22 registered as audiologists under chapter 154F, or licensed as
23physicians or osteopathic physicians and surgeons under chapter
24148, provided the registered and licensed persons are trained
25in audiometry.
264. a. The assessment of the proportion of the total
27binaural percentage hearing loss that is due to occupational
28noise exposure shall be made by the employer’s regular or
29consulting physician or licensed registered audiologist who
30is trained and has had experience with such assessment. If
31several audiometric examinations are available for assessment,
32the physician or audiologist shall determine which examinations
33shall be used in the final assessment of occupational hearing
34loss.
35b. If the employee disputes the assessment, the employee
-3-1may select a physician or licensed registered audiologist
2similarly trained and experienced to give an assessment of the
3audiometric examinations.
4 Sec. 12. Section 135.11, subsection 7, Code 2017, is amended
5to read as follows:
67. Exercise sole jurisdiction over the disposal and
7transportation of the dead bodies of human beings and prescribe
8the methods to be used in preparing such bodies for disposal
9and transportation. However, the department may approve
10a request for an exception to the application of specific
11embalming and disposition rules adopted pursuant to this
12subsection if such rules would otherwise conflict with tenets
13and practices of a recognized religious denomination to which
14the deceased individual adhered or of which denomination the
15deceased individual was a member. The department shall inform
16the board of mortuary science of any such approved exception
17which may affect services provided by a funeral director
18licensed pursuant to chapter 156.
19 Sec. 13. Section 135.24, subsection 2, paragraphs a and d,
20Code 2017, are amended to read as follows:
21a. Procedures for registration of health care providers
22deemed qualified by the board of medicine, the board of
23physician assistants, the dental board, the board of nursing,
24the board of chiropractic, the board of psychology, the board
25of social work, the board of behavioral science, the board
26of pharmacy, the board of optometry, the board of podiatry,
27the board of physical and occupational therapy, the board of
28respiratory care and polysomnography, and the Iowa department
29of public health, as applicable.
30d. Identification of the services to be provided under the
31program. The services provided may include but shall not be
32limited to obstetrical and gynecological medical services,
33psychiatric services provided by a physician licensed under
34chapter 148, dental services provided under chapter 153, or
35other services provided under chapter 147A, 148A, 148B, 148C,
-4-1149, 151, 152, 152B, 152E, 154, 154B, 154C, 154D, 154F, or
2155A.
3 Sec. 14. Section 135.24, subsection 7, paragraph d, Code
42017, is amended to read as follows:
5d. “Health care provider” means a physician licensed under
6chapter 148, a chiropractor licensed under chapter 151, a
7physical therapist licensed pursuant to chapter 148A, an
8occupational therapist licensed pursuant to chapter 148B,
9a podiatrist licensed pursuant to chapter 149, a physician
10assistant licensed and practicing under a supervising physician
11pursuant to chapter 148C, a licensed practical nurse, a
12registered nurse, or an advanced registered nurse practitioner
13licensed pursuant to chapter 152 or 152E, a respiratory
14therapist licensed pursuant to chapter 152B, a dentist, dental
15hygienist, or dental assistant registered or licensed to
16practice under chapter 153, an optometrist licensed pursuant
17to chapter 154, a psychologist licensed pursuant to chapter
18154B, a social worker licensed registered pursuant to chapter
19154C, a mental health counselor or a marital and family
20therapist licensed registered pursuant to chapter 154D, a
21speech pathologist or audiologist licensed registered pursuant
22to chapter 154F, a pharmacist licensed pursuant to chapter
23155A, or an emergency medical care provider certified pursuant
24to chapter 147A.
25 Sec. 15. Section 135.61, subsection 10, Code 2017, is
26amended to read as follows:
2710. “Health care provider” means a person licensed,
28registered, or certified under chapter 147, 148, 148A, 148C,
29149, 151, 152, 153, 154, 154B, 154F, or 155A to provide in this
30state professional health care service to an individual during
31that individual’s medical care, treatment, or confinement.
32 Sec. 16. Section 135.131, subsection 4, Code 2017, is
33amended to read as follows:
344. A birth center shall refer the newborn to a licensed
35 registered audiologist, physician, or hospital for screening
-5-1for hearing loss prior to discharge of the newborn from the
2birth center. The hearing screening shall be completed within
3thirty days following discharge of the newborn. The person
4completing the hearing screening shall report the results
5of the screening to the parent or guardian of the newborn
6and to the department in a manner prescribed by rule of the
7department. Such person shall also report the results of the
8screening to the primary care provider of the newborn.
9 Sec. 17. Section 135L.3, subsection 3, paragraphs b and j,
10Code 2017, are amended to read as follows:
11b. The pregnant minor may participate in the court
12proceedings on the pregnant minor’s own behalf. The court may
13appoint a guardian ad litem for the pregnant minor and the
14court shall appoint a guardian ad litem for the pregnant minor
15if the pregnant minor is not accompanied by a responsible adult
16or if the pregnant minor has not viewed the video as provided
17pursuant to section 135L.2. In appointing a guardian ad litem
18for the pregnant minor, the court shall consider a person
19licensed to practice psychology pursuant to chapter 154B, a
20licensed registered social worker pursuant to chapter 154C, a
21licensed registered marital and family therapist pursuant to
22chapter 154D, or a licensed registered mental health counselor
23pursuant to chapter 154D to serve in the capacity of guardian
24ad litem. The court shall advise the pregnant minor of the
25pregnant minor’s right to court-appointed legal counsel, and
26shall, upon the pregnant minor’s request, provide the pregnant
27minor with court-appointed legal counsel, at no cost to the
28pregnant minor.
29j. If the court denies the petition for waiver of
30notification and if the decision is not appealed or all appeals
31are exhausted, the court shall advise the pregnant minor that,
32upon the request of the pregnant minor, the court will appoint
33a licensed registered marital and family therapist to assist
34the pregnant minor in addressing any intrafamilial problems.
35All costs of services provided by a court-appointed licensed
-6-1 registered marital and family therapist shall be paid by the
2court through the expenditure of funds appropriated to the
3judicial branch.
4 Sec. 18. Section 144C.3, subsection 5, Code 2017, is amended
5to read as follows:
65. This section shall not be construed to permit a person
7who is not licensed registered pursuant to chapter 156 to make
8funeral arrangements.
9 Sec. 19. Section 144C.11, Code 2017, is amended to read as
10follows:
11144C.11 Practice of mortuary science.
12This chapter shall not be construed to authorize the
13unlicensed unregistered practice of mortuary science as
14provided in chapter 156.
15 Sec. 20. Section 147.1, subsections 3 and 6, Code 2017, are
16amended to read as follows:
173. “Licensed” or “certified”, when applied to a physician
18and surgeon, podiatric physician, osteopathic physician and
19surgeon, physician assistant, psychologist, chiropractor,
20nurse, dentist, dental hygienist, dental assistant,
21optometrist, speech pathologist, audiologist, pharmacist,
22physical therapist, physical therapist assistant, occupational
23therapist, occupational therapy assistant, orthotist,
24prosthetist, pedorthist, respiratory care practitioner,
25 practitioner of cosmetology arts and sciences, practitioner
26of barbering, funeral director, dietitian, marital and
27family therapist, mental health counselor, respiratory
28care and polysomnography practitioner, polysomnographic
29technologist, social worker, massage therapist, athletic
30trainer, acupuncturist, nursing home administrator, hearing
31aid specialist, or sign language interpreter or transliterator
32means a person licensed under this subtitle.
336. “Profession” means medicine and surgery, podiatry,
34osteopathic medicine and surgery, practice as a physician
35assistant, psychology, chiropractic, nursing, dentistry,
-7-1dental hygiene, dental assisting, optometry, speech pathology,
2audiology, pharmacy, physical therapy, physical therapist
3assisting, occupational therapy, occupational therapy
4assisting, respiratory care, cosmetology arts and sciences,
5barbering, mortuary science, marital and family therapy, mental
6health counseling, polysomnography, social work, dietetics,
7massage therapy, athletic training, acupuncture, nursing
8home administration, practice as a hearing aid specialist,
9 or sign language interpreting or transliterating, orthotics,
10prosthetics, or pedorthics.
11 Sec. 21. Section 147.2, subsection 1, Code 2017, is amended
12to read as follows:
131. A person shall not engage in the practice of medicine
14and surgery, podiatry, osteopathic medicine and surgery,
15psychology, chiropractic, physical therapy, physical
16therapist assisting, nursing, dentistry, dental hygiene,
17dental assisting, optometry, speech pathology, audiology,
18 occupational therapy, occupational therapy assisting,
19orthotics, prosthetics, pedorthics, respiratory care,
20 pharmacy, cosmetology arts and sciences, barbering, social
21work, dietetics, marital and family therapy or mental health
22counseling, massage therapy, mortuary science, polysomnography,
23athletic training, acupuncture, nursing home administration,
24or sign language interpreting or transliterating, or shall not
25practice as a physician assistant or a hearing aid specialist,
26unless the person has obtained a license for that purpose from
27the board for the profession.
28 Sec. 22. Section 147.13, subsections 10, 12, 14, 15, 16, 17,
2918, 19, 20, 22, and 24, Code 2017, are amended by striking the
30subsections.
31 Sec. 23. Section 147.14, subsection 1, paragraphs a, i, k,
32m, o, p, q, r, t, and v, Code 2017, are amended by striking the
33paragraphs.
34 Sec. 24. Section 147.14, subsection 1, paragraph s, Code
352017, is amended to read as follows:
-8- 1s. For podiatry, five members licensed to practice podiatry,
2two members licensed to practice orthotics, prosthetics, or
3pedorthics, and two members who are not so licensed to practice
4podiatry and who shall represent the general public.
5 Sec. 25. Section 147.74, subsections 11, 12, 13, 14, 17,
619, 20, 23, and 24, Code 2017, are amended by striking the
7subsections.
8 Sec. 26. Section 147.76, Code 2017, is amended to read as
9follows:
10147.76 Rules.
11The boards for the various professions shall adopt all
12necessary and proper rules to administer and interpret this
13chapter and chapters 148 through 158, except chapter 148D 152,
14152E, 153, 154, 154B, 154E, 154F, 155, 155A, and 157.
15 Sec. 27. Section 148A.3, subsection 1, Code 2017, is amended
16to read as follows:
171. Licensed physicians and surgeons, osteopathic physicians
18and surgeons, podiatric physicians, chiropractors, nurses,
19dentists, and cosmetologists, and barbers, who are engaged in
20the practice of their respective professions.
21 Sec. 28. Section 152.1, subsection 6, paragraph c, Code
222017, is amended to read as follows:
23c. The performance of services by unlicensed or unregistered
24 workers employed in offices, hospitals, or health care
25facilities, as defined in section 135C.1, under the supervision
26of a physician or a nurse licensed under this chapter, or
27employed in the office of a psychologist, podiatric physician,
28optometrist, chiropractor, speech pathologist, audiologist, or
29physical therapist licensed or registered to practice in this
30state, and when acting while within the scope of the employer’s
31license.
32 Sec. 29. Section 152A.1, Code 2017, is amended to read as
33follows:
34152A.1 Definitions.
35As used in this chapter, unless the context otherwise
-9-1requires:
21. “Board” “Department” means the board of dietetics
3 department of public health created under chapter 147 135.
42. “Licensed dietitian” or “dietitian” “Dietitian” means a
5person who holds a valid license registers with the department
6 to practice dietetics pursuant to this chapter.
7 Sec. 30. Section 152A.2, Code 2017, is amended by striking
8the section and inserting in lieu thereof the following:
9152A.2 Dietitian registration.
10A person shall register with the department in order to
11provide services as a dietitian.
12 Sec. 31. Section 153.13, subsection 3, Code 2017, is amended
13by striking the subsection.
14 Sec. 32. Section 154C.1, subsection 1, Code 2017, is amended
15by striking the subsection and inserting in lieu thereof the
16following:
171. “Department” means the department of public health
18established in chapter 135.
19 Sec. 33. Section 154C.1, subsection 2, Code 2017, is amended
20by striking the subsection.
21 Sec. 34. Section 154C.1, subsection 3, unnumbered paragraph
221, Code 2017, is amended to read as follows:
23“Practice of social work” means the professional activity
24of licensees persons registered under this chapter which is
25directed at enhancing or restoring people’s capacity for social
26functioning, whether impaired by environmental, emotional,
27or physical factors, with particular attention to the
28person-in-situation configuration. The social work profession
29represents a body of knowledge requiring progressively more
30sophisticated analytic and intervention skills, and includes
31the application of psychosocial theory methods to individuals,
32couples, families, groups, and communities. The practice of
33social work does not include the making of a medical diagnosis,
34or the treatment of conditions or disorders of biological
35etiology except treatment of conditions or disorders which
-10-1involve psychosocial aspects and conditions. The practice of
2social work for each of the categories of social work licensure
3 includes the following:
4 Sec. 35. NEW SECTION. 154C.1A Social work registration.
5A person shall register with the department in order to
6engage in the practice of social work.
7 Sec. 36. Section 154C.7, unnumbered paragraph 1, Code 2017,
8is amended to read as follows:
9This chapter and chapter 147 do not prevent qualified
10members of other professions including, but not limited to,
11nurses, psychologists, marital and family therapists, mental
12health counselors, physicians, physician assistants, attorneys
13at law, or members of the clergy, from providing or advertising
14that they provide services of a social work nature consistent
15with the accepted standards of their respective professions,
16provided that these persons do not use a title or description
17indicating or implying that they are licensed registered to
18practice social work under this chapter or that they are
19practicing social work as defined in this chapter.
20 Sec. 37. Section 154D.1, subsection 1, Code 2017, is amended
21by striking the subsection and inserting in lieu thereof the
22following:
231. “Department” means the department of public health
24established in chapter 135.
25 Sec. 38. Section 154D.1, subsections 2 and 3, Code 2017, are
26amended to read as follows:
272. “Licensed “Registered marital and family therapist” means
28a person licensed registered to practice marital and family
29therapy under chapter 147 and this chapter.
303. “Licensed “Registered mental health counselor” means a
31person licensed registered to practice mental health counseling
32under chapter 147 and this chapter.
33 Sec. 39. Section 154D.1, subsections 4, 7, 8, and 9, Code
342017, are amended by striking the subsections.
35 Sec. 40. NEW SECTION. 154D.1A Behavioral science
-11-1registration.
2A person shall register with the department in order to
3provide services as a registered marital and family therapist
4or a registered mental health counselor.
5 Sec. 41. Section 154D.4, Code 2017, is amended to read as
6follows:
7154D.4 Exemptions.
81. This chapter and chapter 147 do not prevent qualified
9members of other professions, including but not limited to
10nurses, psychologists, social workers, physicians, physician
11assistants, attorneys at law, or members of the clergy, from
12providing or advertising that they provide services of a
13marital and family therapy or mental health counseling nature
14consistent with the accepted standards of their respective
15professions, but these persons shall not use a title or
16description denoting that they are licensed registered marital
17and family therapists or licensed registered mental health
18counselors.
192. The licensure registration requirements of this chapter
20and chapter 147 do not apply to the following:
21a. Students whose activities are conducted within a course
22of professional education in marital and family therapy or
23mental health counseling.
24b. A person who practices marital and family therapy or
25mental health counseling under the supervision of a person
26licensed registered under this chapter as part of a clinical
27experience as described in section 154D.2, subsection 2.
28c. The provision of children, family, or mental health
29services through the department of human services or juvenile
30court, or agencies contracting with the department of human
31services or juvenile court, by persons who do not represent
32themselves to be either a marital and family therapist or a
33mental health counselor.
34 Sec. 42. Section 154F.1, subsection 2, Code 2017, is amended
35to read as follows:
-12- 12. “Board” means the board of speech pathology and audiology
2 medicine established pursuant to section 147.14, subsection 1,
3paragraph “i” chapter 147.
4 Sec. 43. Section 154F.2, subsection 1, paragraph b, Code
52017, is amended by striking the paragraph.
6 Sec. 44. Section 154F.2, subsection 1, paragraph c, Code
72017, is amended to read as follows:
8c. Students enrolled in an accredited college or university
9pursuing a course of study leading to a degree in speech
10pathology or audiology while receiving clinical training as a
11part of the course of study and acting under the supervision
12of a licensed registered speech pathologist or audiologist
13provided they use the title “trainee” or similar title clearly
14indicating training status.
15 Sec. 45. Section 154F.2, subsection 2, Code 2017, is amended
16to read as follows:
172. A person exempted from the provisions of this chapter by
18this section shall not use the title “speech pathologist” or
19“audiologist” or any title or device indicating or representing
20in any manner that the person is a speech pathologist or is
21an audiologist; provided, a hearing aid specialist licensed
22under chapter 154A may use the title “certified hearing
23aid audiologist” when granted by the national hearing aid
24society; and provided, persons who meet the requirements
25of section 154F.3, subsection 1, who are certified by the
26department of education as speech clinicians may use the title
27“speech pathologist” and persons who meet the requirements
28of section 154F.3, subsection 2, who are certified by the
29department of education as hearing clinicians may use the
30title “audiologist”, while acting within the scope of their
31employment.
32 Sec. 46. NEW SECTION. 154F.2A Speech pathology and
33audiology registration.
34A person shall register with the board in order to provide
35services as an audiologist or speech pathologist.
-13-1 Sec. 47. Section 156.1, subsections 1 and 6, Code 2017, are
2amended by striking the subsections.
3 Sec. 48. Section 156.1, subsections 3, 4, and 5, Code 2017,
4are amended to read as follows:
53. “Cremation establishment” means a place of business as
6defined by the board which provides any aspect of cremation
7services.
84. “Funeral director” means a person licensed by registered
9with the board department to practice mortuary science.
105. “Funeral establishment” means a place of business
11as defined by the board devoted to providing any aspect of
12mortuary science.
13 Sec. 49. Section 156.1, Code 2017, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 3A. “Department” means the department of
16public health established in chapter 135.
17 Sec. 50. Section 156.4, Code 2017, is amended to read as
18follows:
19156.4 Funeral directors.
201. The practice of a funeral director must be conducted
21from a funeral establishment licensed by the board. The board
22may specify criteria for exceptions to the requirement of this
23subsection in rules.
242. A person shall not engage in the practice of mortuary
25science or establish, conduct, or maintain a funeral
26establishment or a cremation establishment unless licensed
27 registered with the department.
283. Applications for the examination for a funeral
29director’s license shall be verified on a form furnished by the
30board.
314. Applicants shall pass an examination prescribed by the
32board, which shall include the subjects of funeral directing,
33burial or other disposition of dead human bodies, sanitary
34science, embalming, restorative art, anatomy, public health,
35transportation, business ethics, and such other subjects as the
-14-1board may designate.
25. After the applicant has completed satisfactorily the
3course of instruction in mortuary science in an accredited
4school approved by the board, the applicant must pass the
5examination prescribed by the board as provided in section
6147.34. The applicant may then receive an internship
7certificate and shall then complete a minimum one-year
8internship as determined by the board.
9 Sec. 51. Section 157.2, subsection 1, paragraph b, Code
102017, is amended by striking the paragraph.
11 Sec. 52. Section 157.2, subsection 1, paragraph h, Code
122017, is amended to read as follows:
13h. Employees of a licensed barbershop when manicuring
14fingernails, if permitted under section 158.14, subsection 2.
15 Sec. 53. Section 157.7, Code 2017, is amended to read as
16follows:
17157.7 Inspectors and clerical assistants.
18The department of inspections and appeals shall employ
19personnel pursuant to chapter 8A, subchapter IV, to perform
20duties related to inspection functions under this chapter.
21The department of inspections and appeals shall, when
22possible, integrate inspection efforts under this chapter with
23inspections conducted under chapter 158.
24The Iowa department of public health may employ clerical
25assistants pursuant to chapter 8A, subchapter IV, to administer
26and enforce this chapter. The costs and expenses of the
27clerical assistants shall be paid from funds appropriated to
28the department of public health.
29 Sec. 54. Section 157.8, subsection 2, paragraph c, Code
302017, is amended to read as follows:
31c. A license for a school of cosmetology arts and sciences
32shall not be issued for any space in any location where the
33same space is also licensed as a barber school.
34 Sec. 55. Section 157.9, Code 2017, is amended to read as
35follows:
-15- 1157.9 License suspension and revocation.
2Any license issued by the department under the provisions
3of this chapter may be suspended, revoked, or renewal denied
4by the board for violation of any provision of this chapter
5or chapter 158 or rules promulgated by the board under the
6provisions of chapter 17A.
7 Sec. 56. Section 157.10, subsection 3, Code 2017, is amended
8to read as follows:
93. A barber licensed under chapter 158 or a student in
10a barber school who applies for licensure in a practice of
11cosmetology arts and sciences or who enrolls in a school
12of cosmetology arts and sciences shall be granted, at the
13discretion of the school, at least half credit and up to full
14credit for each course successfully completed for licensure
15as a barber in barbering which meets the requirements for
16licensure in a practice of cosmetology arts and sciences.
17 Sec. 57. Section 157.12, Code 2017, is amended to read as
18follows:
19157.12 Supervisors.
20A person who directly supervises the work of practitioners
21of cosmetology arts and sciences shall be licensed in the
22practice supervised or a barber licensed under section 158.3.
23 Sec. 58. Section 157.13, subsection 1, unnumbered paragraph
241, Code 2017, is amended to read as follows:
25It is unlawful for a person to employ an individual to
26practice cosmetology arts and sciences unless that individual
27is licensed or has obtained a temporary permit under this
28chapter. It is unlawful for a licensee to practice with or
29without compensation in any place other than a licensed salon,
30 or a licensed school of cosmetology arts and sciences, or a
31licensed barbershop as defined in section 158.1. The following
32exceptions to this subsection shall apply:
33 Sec. 59. Section 157.13, subsection 1, paragraph a, Code
342017, is amended to read as follows:
35a. A licensee may practice at a location which is not a
-16-1licensed salon, or school of cosmetology arts and sciences, or
2licensed barbershop under extenuating circumstances arising
3from physical or mental disability or death of a customer.
4 Sec. 60. Section 157.13, subsection 2, Code 2017, is amended
5to read as follows:
62. It is unlawful for a licensee to claim to be a licensed
7 barber, however a licensed cosmetologist may work in a licensed
8 barbershop. It is unlawful for a person to employ a licensed
9cosmetologist, esthetician, or electrologist to perform the
10services described in section 157.3A if the licensee has not
11received the additional training and met the other requirements
12specified in section 157.3A.
13 Sec. 61. Section 216E.7, Code 2017, is amended to read as
14follows:
15216E.7 Exemptions.
16This chapter does not apply to a hearing aid sold, leased, or
17transferred to a consumer by an audiologist licensed registered
18 under chapter 154F, or a hearing aid specialist licensed under
19chapter 154A, if the audiologist or specialist provides either
20an express warranty for the hearing aid or provides for service
21and replacement of the hearing aid.
22 Sec. 62. Section 249A.15A, Code 2017, is amended to read as
23follows:
24249A.15A Licensed Registered marital and family therapists,
25licensed master registered social workers, licensed registered
26 mental health counselors, and certified alcohol and drug
27counselors.
281. The department shall adopt rules pursuant to chapter
2917A entitling marital and family therapists who are licensed
30 registered pursuant to chapter 154D to payment for behavioral
31health services provided to recipients of medical assistance,
32subject to limitations and exclusions the department finds
33necessary on the basis of federal laws and regulations.
342. The department shall adopt rules pursuant to chapter
3517A entitling master social workers who hold a master’s degree
-17-1approved by the board of social work, are licensed as a master
2social worker registered pursuant to section 154C.3, subsection
31, paragraph “b”, 154C.1A and provide treatment services under
4the supervision of an independent social worker licensed
5pursuant to section 154C.3, subsection 1, paragraph “c”, to
6payment for behavioral health services provided to recipients
7of medical assistance, subject to limitations and exclusions
8the department finds necessary on the basis of federal laws and
9regulations.
103. The department shall adopt rules pursuant to chapter 17A
11entitling mental health counselors who are licensed registered
12 pursuant to chapter 154D to payment for behavioral health
13services provided to recipients of medical assistance, subject
14to limitations and exclusions the department finds necessary on
15the basis of federal laws and regulations.
164. The department shall adopt rules pursuant to chapter 17A
17entitling alcohol and drug counselors who are certified by the
18nongovernmental Iowa board of substance abuse certification to
19payment for behavioral health services provided to recipients
20of medical assistance, subject to limitations and exclusions
21the department finds necessary on the basis of federal laws and
22regulations.
23 Sec. 63. Section 249A.15B, Code 2017, is amended to read as
24follows:
25249A.15B Speech pathologists eligible for payment.
26The department shall adopt rules pursuant to chapter 17A
27entitling speech pathologists who are licensed registered
28 pursuant to chapter 154F, including those certified in
29independent practice, to payment for speech pathology services
30provided to recipients of medical assistance, subject to
31limitations and exclusions the department finds necessary on
32the basis of federal laws and regulations.
33 Sec. 64. Section 261.61, subsections 2, 5, and 9, Code 2017,
34are amended to read as follows:
352. All classes identified by the barber school or school
-18-1of cosmetology arts and sciences as required for completion
2of a course of study required for practice as a barber or
3 for licensure as provided in section 158.8 or required for
4licensure as provided in section 157.10, shall be considered
5a part of the student’s barber or cosmetology course of study
6for the purpose of determining the student’s eligibility for a
7grant. Notwithstanding subsection 3, if a student is making
8satisfactory academic progress but the student cannot complete
9the course of study in the time frame allowed for a student
10to receive a barber and cosmetology arts and sciences tuition
11grant as provided in subsection 3 because additional classes
12are required to complete the course of study, the student may
13continue to receive a barber and cosmetology arts and sciences
14tuition grant for not more than one additional enrollment
15period.
165. A barber and cosmetology arts and sciences tuition grant
17shall be awarded on an annual basis, requiring reapplication
18by the student for each year. Payments under the grant shall
19be allocated equally among the semesters or quarters of the
20year upon certification by the institution that the student is
21in full-time or part-time attendance in a course of study at a
22licensed barber school or licensed school of cosmetology arts
23and sciences. If the student discontinues attendance before
24the end of any term after receiving payment of the grant, the
25entire amount of any refund due that student, up to the amount
26of any payments made under the annual grant, shall be paid by
27the institution to the state.
289. For purposes of this section, “eligible school” means
29a barber school licensed under section 158.7 or a school of
30cosmetology arts and sciences licensed under chapter 157. An
31eligible school shall be accredited by a national accrediting
32agency recognized by the United States department of education
33and shall meet the criteria in section 261.9, subsection 1,
34paragraphs “d” through “g”. An eligible school shall report
35promptly to the commission any information requested.
-19-1 Sec. 65. Section 261.61, subsection 7, paragraph a, Code
22017, is amended to read as follows:
3a. Provide application forms for distribution to students by
4Iowa high schools, licensed barber schools and licensed schools
5of cosmetology arts and sciences, and community colleges.
6 Sec. 66. Section 261B.11, subsection 1, paragraph i, Code
72017, is amended to read as follows:
8i. Postsecondary educational institutions licensed by
9the state of Iowa under section 157.8 or 158.7 to operate as
10schools of cosmetology arts and sciences or as barber schools
11 in the state.
12 Sec. 67. Section 261B.11, subsection 1, paragraph m, Code
132017, is amended by striking the paragraph.
14 Sec. 68. Section 272.1, Code 2017, is amended by adding the
15following new subsections:
16 NEW SUBSECTION. 1A. “Athletic trainer” means a person
17registered under this chapter to practice athletic training
18under the direction of a licensed physician.
19 NEW SUBSECTION. 1B. “Athletic training” means the practice
20of prevention, recognition, assessment, physical evaluation,
21management, treatment, disposition, and physical reconditioning
22of athletic injuries that are within the professional
23preparation and education of a registered athletic trainer and
24under the direction of a licensed physician. The term “athletic
25training” includes the organization and administration of
26educational programs and athletic facilities, and the education
27and counseling of the public on matters relating to athletic
28training.
29 Sec. 69. Section 272.2, subsection 10, Code 2017, is amended
30to read as follows:
3110. Issue statements of professional recognition to
32school service personnel who have attained a minimum of
33a baccalaureate degree and who are licensed by another
34professional licensing board, including but not limited to
35athletic trainers licensed under chapter 152D.
-20-1 Sec. 70. NEW SECTION. 272.32 Athletic training
2registration.
3A person shall register with the department in order to
4practice as an athletic trainer.
5 Sec. 71. Section 272C.1, subsection 6, paragraphs g, k,
6u, v, z, aa, and ab, Code 2017, are amended by striking the
7paragraphs.
8 Sec. 72. Section 272C.3, subsection 2, paragraph a, Code
92017, is amended to read as follows:
10a. Revoke a license, or suspend a license either until
11further order of the board or for a specified period, upon any
12of the grounds specified in section 100D.5, 105.22, 147.55,
13148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.219,
14542.10, 542B.21, 543B.29, 544A.13, 544B.15, or 602.3203 or
15chapter 151 or 155, as applicable, or upon any other grounds
16specifically provided for in this chapter for revocation of
17the license of a licensee subject to the jurisdiction of
18that board, or upon failure of the licensee to comply with a
19decision of the board imposing licensee discipline.
20 Sec. 73. Section 272C.4, subsection 6, Code 2017, is amended
21to read as follows:
226. Define by rule acts or omissions that are grounds for
23revocation or suspension of a license under section 100D.5,
24105.22, 147.55, 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13,
25455B.219, 542.10, 542B.21, 543B.29, 544A.13, 544B.15, or
26602.3203 or chapter 151 or 155, as applicable, and to define
27by rule acts or omissions that constitute negligence, careless
28acts, or omissions within the meaning of section 272C.3,
29subsection 2, paragraph “b”, which licensees are required to
30report to the board pursuant to section 272C.9, subsection 2.
31 Sec. 74. Section 272C.5, subsection 2, paragraph c, Code
322017, is amended to read as follows:
33c. Shall state whether the procedures are an alternative
34to or an addition to the procedures stated in sections 100D.5,
35105.23, 105.24, 148.6 through 148.9, 152.10, 152.11, 153.33,
-21-1154A.23, 542.11, 542B.22, 543B.35, 543B.36, and 544B.16.
2 Sec. 75. Section 272C.6, subsection 6, paragraph a, Code
32017, is amended to read as follows:
4a. A board created pursuant to chapter 147, 154A, 155,
5169, 542, 542B, 543B, 543D, 544A, or 544B may charge a fee not
6to exceed seventy-five dollars for conducting a disciplinary
7hearing pursuant to this chapter which results in disciplinary
8action taken against the licensee by the board, and in addition
9to the fee, may recover from a licensee the costs for the
10following procedures and associated personnel:
11(1) Transcript.
12(2) Witness fees and expenses.
13(3) Depositions.
14(4) Medical examination fees incurred relating to a person
15licensed under chapter 147, 154A, 155, or 169.
16 Sec. 76. Section 273.2, subsection 7, Code 2017, is amended
17to read as follows:
187. The board of an area education agency or a consortium
19of two or more area education agencies shall contract with
20one or more licensed registered dietitians for the support of
21nutritional provisions in individual education plans developed
22in accordance with chapter 256B and to provide information to
23support school nutrition coordinators.
24 Sec. 77. Section 280.13C, subsection 4, paragraph b, Code
252017, is amended to read as follows:
26b. “Licensed health care provider” means a physician,
27physician assistant, chiropractor, advanced registered nurse
28practitioner, nurse, or physical therapist, or athletic trainer
29 licensed by a board designated under section 147.13.
30 Sec. 78. Section 331.608, subsection 6, paragraph c, Code
312017, is amended to read as follows:
32c. To a person who is a funeral director licensed registered
33 pursuant to chapter 156 and who has custody of the body of a
34deceased veteran.
35 Sec. 79. Section 423.2, subsection 6, paragraph a, Code
-22-12017, is amended to read as follows:
2a. The sales price of any of the following enumerated
3services is subject to the tax imposed by subsection
45: alteration and garment repair; armored car; vehicle repair;
5battery, tire, and allied; investment counseling; service
6charges of all financial institutions; barber and beauty; boat
7repair; vehicle wash and wax; campgrounds; carpentry; roof,
8shingle, and glass repair; dance schools and dance studios;
9dating services; dry cleaning, pressing, dyeing, and laundering
10excluding the use of self-pay washers and dryers; electrical
11and electronic repair and installation; excavating and
12grading; farm implement repair of all kinds; flying service;
13furniture, rug, carpet, and upholstery repair and cleaning; fur
14storage and repair; golf and country clubs and all commercial
15recreation; gun and camera repair; house and building moving;
16household appliance, television, and radio repair; janitorial
17and building maintenance or cleaning; jewelry and watch
18repair; lawn care, landscaping, and tree trimming and removal;
19limousine service, including driver; machine operator; machine
20repair of all kinds; motor repair; motorcycle, scooter, and
21bicycle repair; oilers and lubricators; office and business
22machine repair; painting, papering, and interior decorating;
23parking facilities; pay television; pet grooming; pipe
24fitting and plumbing; wood preparation; executive search
25agencies; private employment agencies, excluding services
26for placing a person in employment where the principal place
27of employment of that person is to be located outside of the
28state; reflexology; security and detective services, excluding
29private security and detective services furnished by a peace
30officer with the knowledge and consent of the chief executive
31officer of the peace officer’s law enforcement agency; sewage
32services for nonresidential commercial operations; sewing
33and stitching; shoe repair and shoeshine; sign construction
34and installation; storage of household goods, mini-storage,
35and warehousing of raw agricultural products; swimming pool
-23-1cleaning and maintenance; tanning beds or salons; taxidermy
2services; telephone answering service; test laboratories,
3including mobile testing laboratories and field testing by
4testing laboratories, and excluding tests on humans or animals
5and excluding environmental testing services; termite, bug,
6roach, and pest eradicators; tin and sheet metal repair;
7transportation service consisting of the rental of recreational
8vehicles or recreational boats, or the rental of vehicles
9subject to registration which are registered for a gross
10weight of thirteen tons or less for a period of sixty days or
11less, or the rental of aircraft for a period of sixty days or
12less; Turkish baths, massage, and reducing salons, excluding
13services provided by massage therapists licensed under chapter
14152C; water conditioning and softening; weighing; welding;
15well drilling; wrapping, packing, and packaging of merchandise
16other than processed meat, fish, fowl, and vegetables; wrecking
17service; wrecker and towing.
18 Sec. 80. Section 489.1101, subsection 4, Code 2017, is
19amended to read as follows:
204. “Profession” means the profession of certified public
21accountancy, architecture, chiropractic, dentistry, physical
22therapy, practice as a physician assistant, psychology,
23professional engineering, land surveying, landscape
24architecture, law, medicine and surgery, optometry, osteopathic
25medicine and surgery, accounting practitioner, podiatry, real
26estate brokerage, speech pathology, audiology, veterinary
27medicine, pharmacy, or nursing, or marital and family therapy,
28provided that the marital and family therapist is licensed
29under chapters 147 and 154D.
30 Sec. 81. Section 496C.2, subsection 4, Code 2017, is amended
31to read as follows:
324. “Profession” means the profession of certified public
33accountancy, architecture, chiropractic, dentistry, physical
34therapy, practice as a physician assistant, psychology,
35professional engineering, land surveying, landscape
-24-1architecture, law, medicine and surgery, optometry, osteopathic
2medicine and surgery, accounting practitioner, podiatry, real
3estate brokerage, speech pathology, audiology, veterinary
4medicine, pharmacy, and the practice of nursing.
5 Sec. 82. Section 514C.28, subsection 2, paragraph i, Code
62017, is amended to read as follows:
7i. “Therapeutic care” means services provided by a licensed
8 registered speech pathologist, licensed occupational therapist,
9or licensed physical therapist.
10 Sec. 83. Section 514C.28, subsection 2, paragraph j,
11subparagraph (1), Code 2017, is amended to read as follows:
12(1) Prescribed, ordered, or provided by a licensed
13physician, licensed physician assistant, licensed psychologist,
14licensed social worker, or licensed registered nurse
15practitioner.
16 Sec. 84. Section 514C.30, subsection 1, Code 2017, is
17amended to read as follows:
181. Notwithstanding the uniformity of treatment requirements
19of section 514C.6, a policy, contract, or plan providing
20for third-party payment or prepayment of health or medical
21expenses shall not impose a copayment or coinsurance amount
22on an insured for services provided by a physical therapist
23licensed pursuant to chapter 148A, by an occupational therapist
24licensed pursuant to chapter 148B, or by a speech pathologist
25licensed registered pursuant to chapter 154F that is greater
26than the copayment or coinsurance amount imposed on the insured
27for services provided by a person engaged in the practice of
28medicine and surgery or osteopathic medicine and surgery under
29chapter 148 for the same or a similar diagnosed condition even
30if a different nomenclature is used to describe the condition
31for which the services are provided.
32 Sec. 85. Section 523A.302, Code 2017, is amended to read as
33follows:
34523A.302 Identification of merchandise and service provider.
35If a burial trust fund identifies, either in the trust fund
-25-1records or in a related purchase agreement, the seller who will
2provide the cemetery merchandise, funeral merchandise, funeral
3services, or a combination thereof, the trust fund records
4or the related purchase agreements must contain a statement
5signed by an authorized representative of the seller agreeing
6to furnish the cemetery merchandise, funeral merchandise,
7funeral services, or a combination thereof upon the death of
8the beneficiary. The burial trust fund shall not identify a
9specific seller as payee unless the trust fund records or the
10related purchase agreements, if any, contain the signature
11of an authorized representative of the seller and, if the
12agreement is for mortuary science services as mortuary science
13is defined in section 156.1, the name of a funeral director
14licensed registered to deliver those services. A person
15may enter into agreements authorizing the establishment of
16more than one burial trust fund and agreeing to furnish the
17applicable merchandise and services.
18 Sec. 86. Section 523A.502, subsections 2 and 6, Code 2017,
19are amended to read as follows:
202. This chapter does not permit a person to practice
21mortuary science without a license registering pursuant to
22chapter 156. A person holding a current sales license may
23advertise, sell, promote, or offer to furnish a funeral
24director’s services as an employee or agent of a funeral
25establishment furnishing the funeral services under chapter
26156.
276. A sales agent licensed pursuant to this section shall
28satisfactorily fulfill continuing education requirements
29for the license as prescribed by the commissioner by rule.
30However, this continuing education requirement is not
31applicable to a sales agent who is also a licensed insurance
32producer under chapter 522B or a licensed funeral director
33under chapter 156.
34 Sec. 87. Section 523A.601, subsection 4, Code 2017, is
35amended to read as follows:
-26- 14. A purchase agreement shall be signed by the purchaser,
2the seller, and if the agreement is for mortuary science
3services as mortuary science is defined in section 156.1, a
4person licensed registered to deliver funeral services.
5 Sec. 88. Section 523A.813, Code 2017, is amended to read as
6follows:
7523A.813 License revocation — recommendation by commissioner
8to board of mortuary science.
9Upon a determination by the commissioner that grounds exist
10for an administrative license revocation or suspension action
11as adopted by the board of mortuary science under chapter
12156 department of public health by rule, the commissioner
13may forward to the board department the grounds for the
14determination, including all evidence in the possession of the
15commissioner, so that the board department may proceed with the
16matter as deemed appropriate.
17 Sec. 89. Section 523I.303, Code 2017, is amended to read as
18follows:
19523I.303 Access by funeral directors.
20A cemetery shall not deny access to a licensed registered
21 funeral director who is conducting funeral services or
22supervising the interment or disinterment of human remains.
23 Sec. 90. Section 546.10, subsection 1, paragraph f, Code
242017, is amended by striking the paragraph.
25 Sec. 91. Section 546.10, subsection 5, Code 2017, is amended
26to read as follows:
275. Fees collected under chapters 542, 542B, 543B, 544A,
28and 544B, and 544C shall be paid to the treasurer of state
29and credited to the general fund of the state. All expenses
30required in the discharge of the duties and responsibilities
31imposed upon the professional licensing and regulation bureau
32of the banking division of the department of commerce, the
33administrator, and the licensing boards by the laws of this
34state shall be paid from moneys appropriated by the general
35assembly for those purposes. All fees deposited into the
-27-1general fund of the state, as provided in this subsection,
2shall be subject to the requirements of section 8.60.
3 Sec. 92. Section 622.10, subsection 7, Code 2017, is amended
4to read as follows:
57. For the purposes of this section, “mental health
6professional” means a psychologist licensed under chapter 154B,
7a registered nurse licensed under chapter 152, a social worker
8licensed registered under chapter 154C, a marital and family
9therapist licensed registered under chapter 154D, a mental
10health counselor licensed registered under chapter 154D, or
11an individual holding at least a master’s degree in a related
12field as deemed appropriate by the board of behavioral science
13 department of public health.
14 Sec. 93. Section 714.18, subsection 2, unnumbered paragraph
151, Code 2017, is amended to read as follows:
16A school licensed under the provisions of section 157.8 or
17158.7 shall file with the college student aid commission the
18following:
19 Sec. 94. Section 714.25, subsection 2, unnumbered paragraph
201, Code 2017, is amended to read as follows:
21A proprietary school shall, prior to the time a student is
22obligated for payment of any moneys, inform the student, the
23college student aid commission, and in the case of a school
24licensed under section 157.8, the board of cosmetology arts
25and sciences or in the case of a school licensed under section
26158.7, the board of barbering, of all of the following:
27 Sec. 95. Section 714H.4, subsection 1, paragraph a,
28subparagraph (4), Code 2017, is amended to read as follows:
29(4) Persons or facilities licensed, certified, or
30registered under chapters 135B, 135C, 135J, 148, 148A, 148B,
31148C, 149, 151, 152, 152A, 152B, 153, 154, 154B, 154C, 154D,
32155A, 156, 169, 522B, 542, 542B, 543B, 544A, or 544B.
33 Sec. 96. Section 915.82, subsection 1, paragraph a,
34subparagraph (7), Code 2017, is amended to read as follows:
35(7) A person licensed or registered pursuant to chapter 154B
-28-1or 154C.
2 Sec. 97. REPEAL. Chapters 148F, 148G, 152B, 152C, 152D,
3154A, 158, and 544C, Code 2017, are repealed.
4 Sec. 98. REPEAL. Sections 154C.2, 154C.3, 154C.4, 154C.5,
5154C.6, 154D.2, 154D.3, 154D.5, 154D.7, 154F.3, 154F.4, 154F.5,
6154F.6, 156.3, 156.8, 156.8A, 156.9, 156.14, 156.15, 156.16,
7216E.7, and 272C.2B, Code 2017, are repealed.
8 Sec. 99. TRANSITION PROVISIONS.
91. Any rule, regulation, form, order, or directive
10promulgated by the board of dietetics, behavioral science,
11social work, or mortuary science as required to administer and
12enforce the provisions of chapters 152A, 154C, 154D, and 156,
13Code 2017, in effect on the effective date of this division
14of this Act shall continue in full force and effect until
15amended, repealed, or supplemented by affirmative action of the
16department of public health.
172. Any moneys remaining in any account or fund under the
18control of the board of dietetics, the board of behavioral
19science, the board of social work, or the board of mortuary
20science on the effective date of this division of this Act
21and relating to the provisions of this division of this Act
22shall be transferred to a comparable fund or account under the
23control of the department of public health for such purposes.
24Notwithstanding section 8.33, the moneys transferred in
25accordance with this subsection shall not revert to the account
26or fund from which appropriated or transferred.
273. The board of dietetics, the board of behavioral science,
28the board of social work, and the board of mortuary science
29shall assist the department of public health in implementing
30this division of this Act by providing for an effective
31transition of powers and duties from the respective board to
32the department under chapters 152A, 154C, 154D, and 156 and
33related administrative rules. Such assistance shall include
34but is not limited to assisting in cooperating with federal
35agencies.
-29- 14. Any replacement of signs, logos, stationery, insignia,
2uniforms, and related items that is made due to the effect of
3this division of this Act shall be done as part of the normal
4replacement cycle for such items.
55. A person licensed by the board of dietetics, behavioral
6science, social work, or mortuary science on the effective date
7of this division of this Act shall immediately be registered to
8practice the person’s profession by the department of public
9health in accordance with this division of this Act.
106. An administrative hearing or court proceeding arising
11out of an enforcement action under chapter 152A, 154C, 154D, or
12156 or related administrative rules pending on the effective
13date of this division of this Act shall not be affected by
14this division of this Act. Any cause of action or statute
15of limitation relating to an action taken by the board of
16dietetics, the board of behavioral science, the board of social
17work, or the board of mortuary science shall not be affected by
18this division of this Act and such cause of action or statute
19of limitation shall apply to the department of public health.
207. Any moneys remaining in any account or fund under the
21control of the board of respiratory care and polysomnography,
22the board of massage therapy, the board of hearing aid
23specialists, the board of barbering, or the interior design
24examining board on the effective date of this division of this
25Act and relating to the provisions of this division of this Act
26shall be transferred to the general fund.
278. An administrative hearing or court proceeding arising
28out of an enforcement action under chapter 148F, 148G, 152B,
29152C, 154A, or 158 or related administrative rules pending on
30the effective date of this division of this Act shall not be
31affected by this division of this Act. Any cause of action or
32statute of limitation relating to an action taken by the board
33of respiratory care and polysomnography, the board of massage
34therapy, the board of hearing aid specialists, the board of
35barbering, or the interior design examining board shall not be
-30-1affected by this division of this Act.
29. Any rule, regulation, form, order, or directive
3promulgated by the board of athletic training as required to
4administer and enforce the provisions of chapter 152D, Code
52017, shall continue in full force and effect until amended,
6repealed, or supplemented by affirmative action of the board of
7educational examiners.
810. Any moneys remaining in any account or fund under the
9control of the board of athletic training on the effective date
10of this division of this Act and relating to the provisions of
11this division of this Act shall be transferred to a comparable
12fund or account under the control of the board of educational
13examiners for such purposes. Notwithstanding section 8.33, the
14moneys transferred in accordance with this subsection shall
15not revert to the account or fund from which appropriated or
16transferred.
1711. The board of athletic training shall assist the board
18of educational examiners in implementing this division of
19this Act by providing for an effective transition of powers
20and duties between the boards under chapter 152D and related
21administrative rules. Such assistance shall include but is not
22limited to assisting in cooperating with federal agencies.
2312. A person licensed by the board of athletic training
24on the effective date of this division of this Act shall
25immediately be registered to practice the person’s profession
26by the board of educational examiners in accordance with this
27division of this Act.
2813. An administrative hearing or court proceeding arising
29out of an enforcement action under chapter 152D or related
30administrative rules pending on the effective date of this
31division of this Act shall not be affected by this division
32of this Act. Any cause of action or statute of limitation
33relating to an action taken by the board of athletic training
34shall not be affected by this division of this Act and such
35cause of action or statute of limitation shall apply to the
-31-1board of educational examiners.
214. Any rule, regulation, form, order, or directive
3promulgated by the board of speech pathology and audiology as
4required to administer and enforce the provisions of chapter
5154F, Code 2017, shall continue in full force and effect until
6amended, repealed, or supplemented by affirmative action of the
7board of medicine.
815. Any moneys remaining in any account or fund under the
9control of the board of speech pathology and audiology on the
10effective date of this division of this Act and relating to the
11provisions of this division of this Act shall be transferred
12to a comparable fund or account under the control of the board
13of medicine for such purposes. Notwithstanding section 8.33,
14the moneys transferred in accordance with this subsection shall
15not revert to the account or fund from which appropriated or
16transferred.
1716. The board of speech pathology and audiology shall
18assist the board of medicine in implementing this division of
19this Act by providing for an effective transition of powers
20and duties between the boards under chapter 154F and related
21administrative rules. Such assistance shall include but is not
22limited to assisting in cooperating with federal agencies.
2317. A person licensed by the board of speech pathology
24and audiology on the effective date of this division of this
25Act shall immediately be registered to practice the person’s
26profession by the board of medicine in accordance with this
27division of this Act.
2818. An administrative hearing or court proceeding arising
29out of an enforcement action under chapter 152F or related
30administrative rules pending on the effective date of this
31division of this Act shall not be affected by this division
32of this Act. Any cause of action or statute of limitation
33relating to an action taken by the board of speech pathology
34and audiology shall not be affected by this division of this
35Act and such cause of action or statute of limitation shall
-32-1apply to the board of medicine.
2DIVISION III
3REPEAL OF STATE ADVISORY BOARD FOR PRESERVES
4 Sec. 100. Section 455A.8, subsections 1 and 2, Code 2017,
5are amended to read as follows:
61. a. The Brushy creek recreation trails advisory board
7shall be organized within the department and shall be composed
8of nine eight voting members and one ex officio nonvoting
9member as follows:
10(1) The director of the department or the director’s
11designee who shall serve as the nonvoting ex officio member.
12(2) The park employee who is primarily responsible for
13maintenance of the Brushy creek recreation area.
14(3) A member of the state advisory board for preserves
15established under chapter 465C.
16(4) Seven persons appointed by the natural resource
17commission.
18b. The director shall provide the natural resource
19commission with nominations of prospective board members.
20Each person appointed by the natural resource commission must
21actively participate in recreational trail activities such
22as hiking, bicycling, an equestrian sport, or a winter sport
23at the Brushy creek recreation area. The nine eight voting
24members shall elect a chairperson at the board’s first meeting
25each year.
262. Each voting member of the board shall serve for terms
27of three years, and shall be eligible for reappointment. A
28vacancy on the board shall be filled for the remainder of the
29original term. However, a vacancy in the membership slot
30designated for the park employee shall be filled by the park
31employee’s successor, and the person representing the state
32advisory board for preserves shall serve at the pleasure of the
33board. The department shall reimburse each member, other than
34the director or the director’s designee and the park employee,
35for actual expenses incurred by the member in performance
-33-1of the duties of the board. A majority of voting members
2constitutes a quorum, and the affirmative vote of a majority
3present is necessary for any action taken by the board, except
4that a lesser number may adjourn a meeting. A vacancy in the
5membership of the board does not impair the rights of a quorum
6to exercise all rights and perform all duties of the board.
7The board shall meet as required, but at least twice a year.
8The board shall meet upon call of the chairperson, or upon
9written request of three members of the board. Written notice
10of the time and place of the meeting shall be given to each
11member.
12 Sec. 101. Section 461A.42, subsection 1, paragraph a, Code
132017, is amended to read as follows:
14a. A firearm or other weapon authorized for hunting may be
15used in preserves or parts of preserves designated by the state
16advisory board on preserves at the request of the commission.
17 Sec. 102. Section 465C.1, subsection 2, Code 2017, is
18amended by striking the subsection.
19 Sec. 103. Section 465C.1, subsection 4, Code 2017, is
20amended to read as follows:
214. “Dedication” means the allocation of an area as a
22preserve by a public agency or by a private owner by written
23stipulation in a form approved by the state advisory board for
24preserves commission.
25 Sec. 104. Section 465C.9, Code 2017, is amended to read as
26follows:
27465C.9 Articles of dedication.
281. The public agency or private owner shall complete
29articles of dedication on forms approved by the board
30 commission. When the articles of dedication have been approved
31by the governor, the board commission shall record them with
32the county recorder for the county or counties in which the
33area is located.
342. The articles of dedication may contain restrictions
35on development, sale, transfer, method of management, public
-34-1access, and commercial or other use, and may contain such other
2provisions as may be necessary to further the purposes of this
3chapter. They may define the respective jurisdictions of the
4owner or operating agency and the board commission. They may
5provide procedures to be applied in case of violation of the
6dedication. They may recognize reversionary rights. They may
7vary in provisions from one preserve to another in accordance
8with differences in relative conditions.
9 Sec. 105. Section 465C.10, Code 2017, is amended to read as
10follows:
11465C.10 When dedicated as a preserve.
12An area shall become a preserve when it has been approved by
13the board commission for dedication as a preserve, whether in
14public or private ownership, formally dedicated as a preserve
15within the system by a public agency or private owner and
16designated by the governor as a preserve.
17 Sec. 106. Section 465C.11, Code 2017, is amended to read as
18follows:
19465C.11 Area held in trust.
201. An area designated as a preserve within the system is
21hereby declared put to its highest, best, and most important
22use for public benefit. It shall be held in trust and shall not
23be alienated except to another public use upon a finding by the
24board commission of imperative and unavoidable public necessity
25and with the approval of the commission, the general assembly
26by concurrent resolution, and the governor. The board’s
27 commission’s interest or interests in any area designated as a
28preserve shall not be taken under the condemnation statutes of
29this state without such a finding of imperative and unavoidable
30public necessity by the board commission, and with the
31consent of the commission, the general assembly by concurrent
32resolution, and the governor.
332. The board commission, with the approval of the governor,
34may enter into amendments to any articles of dedication upon
35its finding that such amendment will not permit an impairment,
-35-1disturbance, or development of the area inconsistent with the
2purposes of this chapter.
33. Before the board commission shall make a finding of
4imperative and unavoidable public necessity, or shall enter
5into any amendment to articles of dedication, it shall provide
6notice of such proposal and opportunity for any person to be
7heard. Such notice shall be published at least once in a
8newspaper with a general circulation in the county or counties
9wherein the area directly affected is situated, and mailed
10within ten days of such published notice to all persons who
11have requested notice of all such proposed actions. Each
12notice shall set forth the substance of the proposed action and
13describe, with or without legal description, the area affected,
14and shall set forth a place and time not less than sixty days
15thence for all persons desiring to be heard to have reasonable
16opportunity to be heard prior to the finding of the board
17 commission.
18 Sec. 107. REPEAL. Sections 465C.2, 465C.3, 465C.4, 465C.5,
19465C.6, 465C.7, and 465C.8, Code 2017, are repealed.
20 Sec. 108. TRANSITION PROVISIONS.
211. Any rule, regulation, form, order, or directive
22promulgated by the state advisory board for preserves as
23required to administer and enforce the provisions of chapter
24465C, Code 2017, shall continue in full force and effect until
25amended, repealed, or supplemented by affirmative action of the
26natural resource commission.
272. Any moneys remaining in any account or fund under the
28control of the state advisory board for preserves on the
29effective date of this division of this Act and relating
30to the provisions of this division of this Act shall be
31transferred to a comparable fund or account under the control
32of the department of natural resources for such purposes.
33Notwithstanding section 8.33, the moneys transferred in
34accordance with this subsection shall not revert to the account
35or fund from which appropriated or transferred.
-36-1DIVISION IV
2MERGING ELECTRICAL EXAMINING BOARD AND PLUMBING AND MECHANICAL
3SYSTEMS BOARD — ADVISORY COUNCIL
4 Sec. 109. Section 100C.10, subsection 3, Code 2017, is
5amended to read as follows:
63. The state fire marshal, or the state fire marshal’s
7designee, and the chairperson of the electrical examining
8board, plumbing, and mechanical systems advisory council
9 created in section 103.2 shall be nonvoting ex officio members
10of the board.
11 Sec. 110. Section 103.1, subsections 1, 2, 3, 4, 7, 10, 17,
12and 18, Code 2017, are amended to read as follows:
131. “Apprentice electrician” means any person who, as such
14person’s principal occupation, is engaged in learning and
15assisting in the installation, alteration, and repair of
16electrical wiring, apparatus, and equipment as an employee of
17a person licensed under this chapter, and who is licensed by
18the board department and is progressing toward completion of
19an apprenticeship training program registered by the office
20of apprenticeship of the United States department of labor.
21For purposes of this chapter, persons who are not engaged in
22the installation, alteration, or repair of electrical wiring,
23apparatus, and equipment, either inside or outside buildings,
24shall not be considered apprentice electricians.
252. “Board” “Council” means the electrical examining board,
26plumbing, and mechanical systems advisory council created under
27section 103.2.
283. “Class A journeyman electrician” means a person
29having the necessary qualifications, training, experience,
30and technical knowledge to wire for or install electrical
31wiring, apparatus, and equipment and to supervise apprentice
32electricians and who is licensed by the board department.
334. “Class A master electrician” means a person having the
34necessary qualifications, training, experience, and technical
35knowledge to properly plan, lay out, and supervise the
-37-1installation of electrical wiring, apparatus, and equipment for
2light, heat, power, and other purposes and who is licensed by
3the board department.
47. “Electrical contractor” means a person affiliated with
5an electrical contracting firm or business who is, or who
6employs a person who is, licensed by the board department as
7either a class A or class B master electrician and who is also
8registered with the state of Iowa as a contractor pursuant to
9chapter 91C.
1010. “Inspector” means a person certified as an electrical
11inspector upon such reasonable conditions as may be adopted by
12the board department. The board department may permit more
13than one class of electrical inspector.
1417. “Special electrician” means a person having the
15necessary qualifications, training, and experience in wiring
16or installing special classes of electrical wiring, apparatus,
17equipment, or installations which shall include irrigation
18system wiring, disconnecting and reconnecting of existing air
19conditioning and refrigeration, and sign installation and who
20is licensed by the board department.
2118. “Unclassified person” means any person, other than an
22apprentice electrician or other person licensed under this
23chapter, who, as such person’s principal occupation, is engaged
24in learning and assisting in the installation, alteration, and
25repair of electrical wiring, apparatus, and equipment as an
26employee of a person licensed under this chapter, and who is
27licensed by the board department as an unclassified person.
28For purposes of this chapter, persons who are not engaged in
29the installation, alteration, or repair of electrical wiring,
30apparatus, and equipment, either inside or outside buildings,
31shall not be considered unclassified persons.
32 Sec. 111. Section 103.1, Code 2017, is amended by adding the
33following new subsection:
34 NEW SUBSECTION. 6A. “Department” means the department of
35public safety created under chapter 80.
-38-1 Sec. 112. Section 103.2, Code 2017, is amended to read as
2follows:
3103.2 Electrical examining board, plumbing, and mechanical
4systems advisory council created.
51. An electrical examining board, plumbing, and mechanical
6systems advisory council is created within the division of
7state fire marshal of the department of public safety. The
8board council shall consist of eleven ten voting members
9appointed by the governor and subject to senate confirmation
10 department, all of whom shall be residents of this state.
112. The members shall be as follows:
12a. Two Four members shall be journeyman electricians,
13one a member of an electrical workers union covered under a
14collective bargaining agreement and one not a member of a union
15 electricians licensed by the department.
16b. Two Four members shall be master electricians or
17electrical contractors, one of whom is a contractor signed to a
18collective bargaining agreement or a master electrician covered
19under a collective bargaining agreement and one of whom is a
20contractor not signed to a collective bargaining agreement or
21a master electrician who is not a member of a union plumbers
22licensed by the department under chapter 105.
23c. One member shall be an electrical inspector.
24d. Two members, one a union member covered under a
25collective bargaining agreement and one who is not a member
26of a union, each of whom shall not be a member of any of the
27groups described in paragraphs “a” through “c”, and shall not
28licensed as an electrician or a plumber and who shall represent
29the general public.
30e. One member shall be the state fire marshal or a
31representative of the state fire marshal’s office.
32f. One member shall be a local building official employed
33by a political subdivision to perform electrical inspections
34for that political subdivision.
35g. One member shall represent a public utility.
-39- 1h. One member shall be an engineer licensed pursuant to
2chapter 542B with a background in electrical engineering.
33. The public members of the board shall be allowed to
4participate in administrative, clerical, or ministerial
5functions incident to giving a licensure examination, but shall
6not determine the content of the examination or determine the
7correctness of the answers. Professional associations or
8societies composed of licensed electricians may recommend to
9the governor department the names of potential board council
10 members whose profession is representative of that association
11or society. However, the governor department is not bound
12by the recommendations. A board council member shall not
13be required to be a member of any professional electrician
14association or society.
15 Sec. 113. Section 103.3, subsections 1 and 2, Code 2017, are
16amended to read as follows:
171. Appointments to the board, other than the state fire
18marshal or a representative of the state fire marshal’s office,
19 council shall be for three-year staggered terms and shall
20commence and end as provided by section 69.19. The most
21recently appointed state fire marshal, or a representative of
22the state fire marshal’s office, shall be appointed to the
23board on an ongoing basis. Vacancies shall be filled for the
24unexpired term by appointment of the governor and shall be
25subject to senate confirmation. Members shall serve no more
26than three terms or nine years, whichever is least.
272. Members of the board council are entitled to receive
28all actual expenses incurred in the discharge of their duties
29within the limits of funds appropriated to the board. Each
30member of the board may also be eligible to receive council but
31shall serve without compensation as provided in section 7E.6.
32 Sec. 114. Section 103.3, subsection 3, Code 2017, is amended
33by striking the subsection.
34 Sec. 115. Section 103.4, Code 2017, is amended to read as
35follows:
-40- 1103.4 Organization of the board council.
2The board council shall elect annually from its members a
3chairperson and a vice chairperson, and shall hire and provide
4staff to assist the board in administering this chapter. An
5executive secretary designated by the board council shall
6report to the state fire marshal for purposes of routine
7board council administrative functions, and shall report
8directly to the board for purposes of execution of board policy
9such as application of licensing criteria and processing of
10applications. The board council shall hold at least one
11meeting quarterly at the location of the board’s department’s
12 principal office, and meetings shall be called at other times
13by the chairperson or four members of the board council.
14At any meeting of the board council, a majority of members
15constitutes a quorum.
16 Sec. 116. Section 103.6, Code 2017, is amended to read as
17follows:
18103.6 Powers and duties.
191. The board department shall:
20a. Adopt rules pursuant to chapter 17A and in doing so
21shall be governed by the minimum standards set forth in the
22most current publication of the national electrical code issued
23and adopted by the national fire protection association, and
24amendments to the code, which code and amendments shall be
25filed in the offices of the state law library and the board
26 department and shall be a public record. The board department
27 shall adopt rules reflecting updates to the code and amendments
28to the code. The board department shall promulgate and adopt
29rules establishing wiring standards that protect public safety
30and health and property and that apply to all electrical wiring
31which is installed subject to this chapter.
32b. Revoke, suspend, or refuse to renew any license granted
33pursuant to this chapter when the licensee does any of the
34following:
35(1) Fails or refuses to pay any examination, license, or
-41-1renewal fee required by law.
2(2) Is an electrical contractor and fails or refuses to
3provide and keep in force a public liability insurance policy
4and surety bond as required by the board department.
5(3) Violates any political subdivision’s inspection
6ordinances.
7c. Adopt rules for continuing education requirements for
8each classification of licensure established pursuant to this
9chapter, and adopt all rules, not inconsistent with the law,
10necessary for the proper performance of the duties of the board
11 department.
12d. Provide for the amount and collection of fees for
13inspection and other services.
14e. Adopt all rules necessary to carry out the licensing and
15other provisions of chapter 105.
162. The board department may, in its discretion, revoke,
17suspend, or refuse to renew any license granted pursuant to
18this chapter when the licensee violates any provision of the
19national electrical code as adopted pursuant to subsection 1,
20this chapter, or any rule adopted pursuant to this chapter.
213. The department shall seek input as needed from the
22council to address the duties of the department as set forth in
23this section.
24 Sec. 117. Section 103.7, Code 2017, is amended to read as
25follows:
26103.7 Electrician and installer licensing and inspection
27fund.
28An electrician and installer licensing and inspection fund
29is created in the state treasury as a separate fund under the
30control of the board department. All licensing, examination,
31renewal, and inspection fees shall be deposited into the fund
32and retained by and for the use of the board department in
33administering this chapter and chapter 105. Expenditures
34from the fund shall be approved by the sole authority of the
35board department in consultation with the state fire marshal.
-42-1Amounts deposited into the fund shall be considered repayment
2receipts as defined in section 8.2. Notwithstanding section
38.33, any balance in the fund on June 30 of each fiscal year
4shall not revert to the general fund of the state, but shall
5remain available for the purposes of this chapter in subsequent
6fiscal years. Notwithstanding section 12C.7, subsection 2,
7interest or earnings on moneys deposited in the fund shall be
8credited to the fund.
9 Sec. 118. Section 103.8, subsection 2, Code 2017, is amended
10to read as follows:
112. Except as provided in sections 103.13 and 103.14, no
12person shall, for another, plan, lay out, or supervise the
13installation of wiring, apparatus, or equipment for electrical
14light, heat, power, and other purposes unless the person is
15licensed by the board department as an electrical contractor, a
16class A master electrician, or a class B master electrician.
17 Sec. 119. Section 103.10, Code 2017, is amended to read as
18follows:
19103.10 Class A master electrician license — qualifications
20— class B master electrician license.
211. An applicant for a class A master electrician license
22shall have at least one year’s experience, acceptable to the
23board department, as a licensed class A or class B journeyman
24electrician.
252. In addition, an applicant shall meet examination
26criteria based upon the most recent national electrical code
27adopted pursuant to section 103.6 and upon electrical theory,
28as determined by the board department.
293. a. An applicant who can provide proof acceptable to
30the board department that the applicant has been working in
31the electrical business and involved in planning for, laying
32out, supervising, and installing electrical wiring, apparatus,
33or equipment for light, heat, and power since January 1, 1998,
34and for a total of at least sixteen thousand hours, of which at
35least eight thousand hours shall have been accumulated since
-43-1January 1, 1998, may be granted a class B master electrician
2license without taking an examination. An applicant who is
3issued a class B master electrician license pursuant to this
4section shall not be authorized to plan, lay out, or supervise
5the installation of electrical wiring, apparatus, and equipment
6in a political subdivision which, prior to or after January 1,
72008, establishes licensing standards which preclude such work
8by class B master electricians in the political subdivision.
9The board department shall adopt rules establishing procedures
10relating to the restriction of a class B master electrician
11license pursuant to this subsection.
12b. A class B master electrician may become licensed as
13a class A master electrician upon successful passage of the
14examination prescribed in subsection 2.
154. A person licensed to plan, lay out, or supervise the
16installation of electrical wiring, apparatus, or equipment for
17light, heat, power, and other purposes and supervise apprentice
18electricians by a political subdivision preceding January 1,
192008, pursuant to a supervised written examination, and who
20is currently engaged in the electrical contracting industry,
21shall be issued an applicable statewide license corresponding
22to that licensure as a class A master electrician or electrical
23contractor. The board department shall adopt by rule certain
24criteria for city examination standards satisfactory to fulfill
25this requirement.
265. The board department may reject an application for
27licensure under this section from an applicant who would be
28subject to suspension, revocation, or reprimand pursuant to
29section 103.35.
30 Sec. 120. Section 103.10A, Code 2017, is amended to read as
31follows:
32103.10A Inactive master electrician license.
33The board department may by rule create an inactive
34master electrician license and establish a fee for such a
35license. An applicant for an inactive master electrician
-44-1license shall, at a minimum, meet the requirements of this
2chapter and requirements established by the board department
3 by rule for licensure as a class A master electrician or a
4class B master electrician. A person licensed as an inactive
5master electrician shall not be authorized to act as a master
6electrician, but shall be authorized to apply for a class A
7master electrician license or a class B master electrician
8license at a future date subject to conditions and under
9procedures established by the board department by rule. The
10conditions and procedures shall include but not be limited
11to completion of the required number of contact hours of
12continuing education courses specified in section 103.18, and
13paying the applicable license fee specified in section 103.19
14for a class A master electrician license or class B master
15electrician license.
16 Sec. 121. Section 103.11, Code 2017, is amended to read as
17follows:
18103.11 Wiring or installing — supervising apprentices —
19license required — qualifications.
20Except as provided in section 103.13, no person shall, for
21another, wire for or install electrical wiring, apparatus,
22or equipment, or supervise an apprentice electrician or
23unclassified person, unless the person is licensed by the
24board department as an electrical contractor, a class A master
25electrician, or a class B master electrician, or is licensed
26as a class A journeyman electrician or a class B journeyman
27electrician and is employed by an electrical contractor or is
28working under the supervision of a class A master electrician
29or a class B master electrician.
30 Sec. 122. Section 103.12, Code 2017, is amended to read as
31follows:
32103.12 Class A journeyman electrician license qualifications
33— class B journeyman electrician license.
341. An applicant for a class A journeyman electrician
35license shall have successfully completed an apprenticeship
-45-1training program registered by the office of apprenticeship
2of the United States department of labor in accordance with
3the standards established by that department or shall have
4received training or experience for a period of time and under
5conditions as established by the board department by rule.
62. In addition, an applicant shall meet examination
7criteria based upon the most recent national electrical code
8adopted pursuant to section 103.6 and upon electrical theory,
9as determined by the board department.
103. a. An applicant who can provide proof acceptable to
11the board department that the applicant has been employed as a
12journeyman electrician since January 1, 1998, and for a total
13of at least sixteen thousand hours, of which at least eight
14thousand hours shall have been accumulated since January 1,
151998, may be granted a class B journeyman electrician license
16without taking an examination. An applicant who is issued a
17class B journeyman electrician license pursuant to this section
18shall not be authorized to wire for or install electrical
19wiring, apparatus, and equipment in a political subdivision
20which, prior to or after January 1, 2008, establishes licensing
21standards which preclude such work by class B journeyman
22electricians in the political subdivision. The board
23 department shall adopt rules establishing procedures relating
24to the restriction of a class B journeyman electrician license
25pursuant to this subsection.
26b. A class B journeyman electrician may become licensed as
27a class A journeyman electrician upon successful passage of the
28examination prescribed in subsection 2.
294. A person licensed to wire for or install electrical
30wiring, apparatus, or equipment or supervise an apprentice
31electrician by a political subdivision preceding January 1,
322008, pursuant to a supervised written examination, and who is
33currently engaged in the electrical contracting industry with
34at least four years’ experience, shall be issued an applicable
35statewide license corresponding to that licensure as a class
-46-1A journeyman electrician or a class B journeyman electrician.
2The board department shall adopt by rule certain criteria
3for city examination standards satisfactory to fulfill this
4requirement.
55. The board department may reject an application for
6licensure under this section from an applicant who would be
7subject to suspension, revocation, or reprimand pursuant to
8section 103.35.
9 Sec. 123. Section 103.12A, Code 2017, is amended to read as
10follows:
11103.12A Residential electrician and residential master
12electrician license — qualifications.
131. The board department may by rule provide for the issuance
14of a residential electrician license, and may by rule provide
15for the issuance of a residential master electrician license.
16a. A residential electrician license or residential master
17electrician license, if established by the board department,
18shall be issued to applicants who meet qualifications
19determined by the board department, and shall be valid
20for the performance of residential installations, subject
21to limitations or restrictions established by the board
22 department.
23b. A person who, on or after July 1, 2009, holds a special
24electrician license authorizing residential electrical
25installation, granted pursuant to section 103.13, shall be
26eligible for conversion of that special license to either
27a residential electrician license or a residential master
28electrician license, if established by the board department, in
29accordance with requirements and procedures established by the
30board department.
312. A person licensed by the board department as a class A
32journeyman electrician or a class B journeyman electrician,
33or as a class A master electrician or a class B master
34electrician, shall not be required to hold a residential
35electrician or residential master electrician license to
-47-1perform any type of residential installation authorized for a
2person licensed pursuant to this section.
33. The board department may reject an application for
4licensure under this section from an applicant who would be
5subject to suspension, revocation, or reprimand pursuant to
6section 103.35.
7 Sec. 124. Section 103.13, subsections 1 and 3, Code 2017,
8are amended to read as follows:
91. The board department shall by rule provide for the
10issuance of special electrician licenses authorizing the
11licensee to engage in a limited class or classes of electrical
12work, which class or classes shall be specified on the license.
13Each licensee shall have experience, acceptable to the board
14 department, in each such limited class of work for which the
15person is licensed.
163. The board department may reject an application for
17licensure under this section from an applicant who would be
18subject to suspension, revocation, or reprimand pursuant to
19section 103.35.
20 Sec. 125. Section 103.15, subsections 1, 2, 3, and 6, Code
212017, are amended to read as follows:
221. A person shall be licensed by the board department and
23pay a licensing fee to work as an apprentice electrician while
24participating in an apprenticeship training program registered
25by the office of apprenticeship of the United States department
26of labor in accordance with the standards established by
27that department. An apprenticeship shall be limited to six
28years from the date of licensure, unless extended by the
29board department upon a finding that a hardship existed which
30prevented completion of the apprenticeship program. Such
31licensure shall entitle the licensee to act as an apprentice to
32an electrical contractor, a class A master electrician, a class
33B master electrician, a class A journeyman electrician, or a
34class B journeyman electrician as provided in subsection 3.
352. a. A person shall be licensed as an unclassified
-48-1person by the board department to perform electrical work if
2the work is performed under the personal supervision of a
3person actually licensed to perform such work and the licensed
4and unclassified persons are employed by the same employer.
5A person shall not be employed continuously for more than
6one hundred days as an unclassified person without having
7obtained a current license from the board department. For the
8purposes of determining whether a person has been “employed
9continuously” for more than one hundred days under this
10subsection, employment shall include any days not worked due to
11illness, holidays, weekend days, and other absences that do not
12constitute separation from or termination of employment. Any
13period of employment as a nonlicensed unclassified person shall
14not be credited to any applicable experiential requirement of
15an apprenticeship training program registered by the office of
16apprenticeship of the United States department of labor.
17b. Licensed persons shall not permit unclassified
18persons to perform electrical work except under the personal
19supervision of a person actually licensed to perform such
20work. Unclassified persons shall not supervise the performance
21of electrical work or make assignments of electrical work
22to unclassified persons. Any person employing unclassified
23persons performing electrical work shall maintain records
24establishing compliance with this section, which shall
25designate all unclassified persons performing electrical work.
263. Apprentice electricians and unclassified persons shall
27do no electrical wiring except under the direct personal
28on-the-job supervision and control and in the immediate
29presence of a licensee as specified in section 103.11. Such
30supervision shall include both on-the-job training and related
31classroom training as approved by the board department. The
32licensee may employ or supervise apprentice electricians and
33unclassified persons at a ratio not to exceed three apprentice
34electricians and unclassified persons to one licensee, except
35that such ratio and the other requirements of this section
-49-1shall not apply to apprenticeship classroom training.
26. The board department may reject an application for
3licensure under this section from an applicant who would be
4subject to suspension, revocation, or reprimand pursuant to
5section 103.35.
6 Sec. 126. Section 103.16, Code 2017, is amended to read as
7follows:
8103.16 License examinations.
91. Examinations for licensure shall be offered as often
10as deemed necessary by the board department, but no less
11than one time per quarter. The scope of the examinations
12and the methods of procedure shall be prescribed by the
13board department. The examinations given by the board
14 department shall be the Experior assessment examination, or
15a successor examination approved by the board department,
16or an examination prepared by a third-party testing service
17which is substantially equivalent to the Experior assessment
18examination, or a successor examination approved by the board
19 department.
202. An examination may be given by representatives of the
21board department. As soon as practicable after the close of
22each examination, a report shall be filed in the office of
23the secretary of with the board by the board department. The
24report shall show the action of the board department upon
25each application and the secretary of the board department
26 shall notify each applicant of the result of the applicant’s
27examination. Applicants who fail the examination once shall
28be allowed to take the examination at the next scheduled
29time. Thereafter, the applicant shall be allowed to take
30the examination at the discretion of the board department.
31An applicant who has failed the examination may request, in
32writing, information from the board department concerning the
33applicant’s examination grade and subject areas or questions
34which the applicant failed to answer correctly, except that
35if the board department administers a uniform, standardized
-50-1examination, the board department shall only be required to
2provide the examination grade and such other information
3concerning the applicant’s examination results which are
4available to the board department.
5 Sec. 127. Section 103.17, subsection 1, unnumbered
6paragraph 1, Code 2017, is amended to read as follows:
7A member of the board department shall not disclose
8information relating to the following:
9 Sec. 128. Section 103.17, subsection 2, Code 2017, is
10amended to read as follows:
112. A member of the board department who willfully
12communicates or seeks to communicate such information, and any
13person who willfully requests, obtains, or seeks to obtain such
14information, is guilty of a simple misdemeanor.
15 Sec. 129. Section 103.18, Code 2017, is amended to read as
16follows:
17103.18 License renewal — continuing education.
18In order to renew a class A master electrician, class B
19master electrician, class A journeyman electrician, or class
20B journeyman electrician license issued pursuant to this
21chapter, the licensee shall be required to complete eighteen
22contact hours of continuing education courses approved by the
23board department during the three-year period for which a
24license is granted. The contact hours shall include a minimum
25of six contact hours studying the national electrical code
26described in section 103.6, and the remaining contact hours may
27include study of electrical circuit theory, blueprint reading,
28transformer and motor theory, electrical circuits and devices,
29control systems, programmable controllers, and microcomputers
30or any other study of electrical-related material that is
31approved by the board department. Any additional hours
32studying the national electrical code shall be acceptable. For
33purposes of this section, “contact hour” means fifty minutes of
34classroom attendance at an approved course under a qualified
35instructor approved by the board department.
-51-1 Sec. 130. Section 103.19, subsection 1, unnumbered
2paragraph 1, Code 2017, is amended to read as follows:
3Licenses issued pursuant to this chapter shall expire every
4three years, with the exception of licenses for apprentice
5electricians and unclassified persons, which shall expire on
6an annual basis. All license applications shall include the
7applicant’s social security number, which shall be maintained
8as a confidential record and shall be redacted prior to public
9release of an application or other record containing such
10social security number. The board department shall establish
11the fees to be payable for license issuance and renewal in
12amounts not to exceed the following:
13 Sec. 131. Section 103.19, subsection 3, Code 2017, is
14amended to read as follows:
153. If the board department determines that all licenses
16shall expire on the same date every three years for licenses
17specified in subsection 1, paragraph “a”, the license fees shall
18be prorated by month. The board department shall determine an
19individual’s license fee based on the number of months that the
20individual’s license will be in effect after being issued and
21prior to expiration.
22 Sec. 132. Section 103.20, Code 2017, is amended to read as
23follows:
24103.20 Licensee status — employment — death.
251. Individuals performing electrical work in a capacity
26for which licensure is required pursuant to this chapter shall
27be employed by the authority or company obtaining a permit for
28the performance of such work, and shall possess a valid license
29issued by the board department.
302. Upon the death of an electrical contractor, a class A
31master electrician, or a class B master electrician, the board
32 department may permit a representative to carry on the business
33of the decedent for a period not to exceed six months for
34the purpose of completing work under contract to comply with
35this chapter. Such representative shall furnish all public
-52-1liability and property damage insurance required by the board
2 department.
3 Sec. 133. Section 103.21, Code 2017, is amended to read as
4follows:
5103.21 Licenses without examination — reciprocity with other
6states.
7To the extent that any other state which provides for the
8licensing of electricians provides for similar action, the
9board department may grant licenses, without examination,
10of the same grade and class to an electrician who has been
11licensed by such other state for at least one year, upon
12payment by the applicant of the required fee, and upon
13the board department being furnished with proof that the
14qualifications of the applicant are equal to the qualifications
15of holders of similar licenses in this state.
16 Sec. 134. Section 103.22, subsections 13 and 14, Code 2017,
17are amended to read as follows:
1813. Apply to a person otherwise licensed pursuant to
19this chapter who is engaged in the wiring or installation of
20electrical wiring, apparatus, or equipment while presenting a
21course of instruction relating to home construction technology,
22or a similar course of instruction, offered to students
23by a community college established under chapter 260C, an
24institution under the control of the state board of regents, or
25a school corporation. A student enrolled in such a course of
26instruction shall not be considered an apprentice electrician
27or unclassified person, and supervision ratios as provided in
28section 103.15, subsection 3, shall not be applicable. The
29board department shall by rule establish inspection procedures
30in the event that the home constructed pursuant to the course
31is intended for eventual occupation as a residence.
3214. Prohibit a person from performing work on an emergency
33basis as determined by the board department.
34 Sec. 135. Section 103.24, subsection 1, unnumbered
35paragraph 1, Code 2017, is amended to read as follows:
-53- 1The board department shall establish by rule standards for
2the certification and decertification of electrical inspectors
3appointed by the state or a political subdivision to enforce
4this chapter or any applicable resolution or ordinance within
5the inspector’s jurisdiction, and for certified electrical
6inspector continuing education requirements.
7 Sec. 136. Section 103.24, subsection 2, Code 2017, is
8amended to read as follows:
92. State inspection shall not apply within the jurisdiction
10of any political subdivision which, pursuant to section 103.29,
11provides by resolution or ordinance standards of electrical
12wiring and its installation that are not less stringent than
13those prescribed by the board department or by this chapter
14and which further provides by resolution or ordinance for
15the inspection of electrical installations within the limits
16of such subdivision by a certified electrical inspector. A
17copy of the certificate of each electrical inspector shall be
18provided to the board department by the political subdivision
19issuing the certificate.
20 Sec. 137. Section 103.25, Code 2017, is amended to read as
21follows:
22103.25 Request for inspection — fees.
231. At or before commencement of any installation required to
24be inspected by the board department, the licensee or property
25owner making such installation shall submit to the state
26fire marshal’s office a request for inspection. The board
27 department shall prescribe the methods by which the request
28may be submitted, which may include electronic submission or
29through a form prescribed by the board department that can be
30submitted either through the mail or by a fax transmission.
31The board department shall also prescribe methods by which
32inspection fees can be paid, which may include electronic
33methods of payment. If the board department or the state fire
34marshal’s office becomes aware that a person has failed to
35file a necessary request for inspection, the board department
-54-1 shall send a written notification by certified mail that the
2request must be filed within fourteen days. Any person filing
3a late request for inspection shall pay a delinquency fee in an
4amount to be determined by the board department. A person who
5fails to file a late request within fourteen days from receipt
6of the notification shall be subject to a civil penalty to be
7determined by the board department by rule.
82. Notwithstanding subsection 1, the board department
9 may by rule provide for the issuance of a single permit
10to a licensee to request multiple inspections. The permit
11authorizes the licensee to perform new electrical installations
12specified in the permit. The board department shall prescribe
13the methods by which the request for multiple inspections
14may be submitted, which may include electronic submission or
15through a form prescribed by the board department that can be
16submitted either through the mail or by a fax transmission.
17The board department shall also prescribe methods by which
18inspection fees can be paid, which may include electronic
19methods of payment. The board department may perform
20inspections of each new electrical installation or any portion
21of the total number of new electrical installations made under
22each permit. The board department shall establish fees for
23such permits, which shall not exceed the total inspection fees
24that would be required if each new electrical installation
25performed under the request for multiple inspections had been
26performed under individual requests for inspections as provided
27in subsection 1.
28 Sec. 138. Section 103.26, Code 2017, is amended to read as
29follows:
30103.26 Condemnation — disconnection — opportunity to
31correct noncompliance.
32If the inspector finds that any installation or portion of
33an installation is not in compliance with accepted standards
34of construction for health safety and property safety, based
35upon minimum standards set forth in the local electrical
-55-1code or the national electrical code adopted by the board
2 department pursuant to section 103.6, the inspector shall by
3written order condemn the installation or noncomplying portion
4or order service to such installation disconnected and shall
5send a copy of such order to the board department, the state
6fire marshal, and the electrical utility supplying power
7involved. If the installation or the noncomplying portion is
8such as to seriously and proximately endanger human health
9or property, the order of the inspector when approved by the
10inspector’s supervisor shall require immediate condemnation
11and disconnection by the applicant. In all other cases, the
12order of the inspector shall establish a reasonable period
13of time for the installation to be brought into compliance
14with accepted standards of construction for health safety and
15property safety prior to the effective date established in such
16order for condemnation or disconnection.
17 Sec. 139. Section 103.27, subsection 1, Code 2017, is
18amended to read as follows:
191. A copy of each condemnation or disconnection order shall
20be served personally or by regular mail upon the property
21owner at the property owner’s last known address, the licensee
22making the installation, and such other persons as the board
23 department by rule may direct.
24 Sec. 140. Section 103.28, subsection 2, Code 2017, is
25amended to read as follows:
262. If the electrical inspector determines that an
27electrical installation subject to inspection by the board
28 department is not in compliance with accepted standards of
29construction for health safety and property safety, based upon
30minimum standards adopted by the board department pursuant to
31this chapter, the inspector shall issue a correction order. A
32correction order made pursuant to this section shall be served
33personally or by United States mail only upon the licensee
34making the installation. The correction order shall order the
35licensee to make the installation comply with the standards,
-56-1noting specifically what changes are required. The order
2shall specify a date, not more than seventeen calendar days
3from the date of the order, when a new inspection shall be
4made. When the installation is brought into compliance to the
5satisfaction of the inspector, the inspector shall file with
6the electrical utility supplying power a certificate stating
7that the electrical inspector has approved energization.
8 Sec. 141. Section 103.29, subsections 1, 2, 3, and 5, Code
92017, are amended to read as follows:
101. A political subdivision performing electrical
11inspections prior to December 31, 2007, shall continue
12to perform such inspections. After December 31, 2013, a
13political subdivision may choose to discontinue performing
14its own inspections and permit the board department to have
15jurisdiction over inspections in the political subdivision.
16If a political subdivision seeks to discontinue its own
17inspections prior to December 31, 2013, the political
18subdivision shall petition the board department. On or after
19January 1, 2014, if a unanimous vote of the board department
20 finds that a political subdivision’s inspections are inadequate
21by reason of misfeasance, malfeasance, or nonfeasance,
22the board department may suspend or revoke the political
23subdivision’s authority to perform its own inspections, subject
24to appeal according to the procedure set forth in section
25103.34 and judicial review pursuant to section 17A.19. A
26political subdivision not performing electrical inspections
27prior to December 31, 2007, may make provision for inspection
28of electrical installations within its jurisdiction, in which
29case it shall keep on file with the board department copies of
30its current inspection ordinances or resolutions and electrical
31codes.
322. A political subdivision performing electrical
33inspections pursuant to subsection 1 prior to December 31,
342007, may maintain a different supervision ratio than the ratio
35of three apprentice electricians and unclassified persons to
-57-1one licensee specified in section 103.15, subsection 3, but
2may not exceed that ratio. A political subdivision which
3begins performing electrical inspections after December 31,
42007, shall maintain the specified three-to-one ratio unless
5the board department approves a petition by the political
6subdivision for a lower ratio. A political subdivision which
7discontinues performing electrical inspections and permits the
8board department to have jurisdiction over inspections shall
9maintain the specified three-to-one supervision ratio, and may
10not petition for a lower ratio unless the political subdivision
11subsequently resumes performing electrical inspections.
123. A political subdivision that performs electrical
13inspections may set appropriate permit fees to pay for such
14inspections. A political subdivision shall not require any
15person holding a license from the board department to pay
16any license fee or take any examination if the person holds
17a current license issued by the board department which is of
18a classification equal to or greater than the classification
19needed to do the work proposed. Any such political subdivision
20may provide a requirement that each person doing electrical
21work within the jurisdiction of such political subdivision have
22on file with the political subdivision a copy of the current
23license issued by the board department or such other evidence
24of such license as may be provided by the board department.
255. A political subdivision that performs electrical
26inspections shall act as the authority having jurisdiction for
27electrical inspections and for amending the national electrical
28code adopted by the board department pursuant to section
29103.6 for work performed within the jurisdictional limits of
30the political subdivision, provided those inspections and
31amendments conform to the requirements of this chapter. Any
32action by a political subdivision with respect to amendments
33to the national electrical code shall be filed with the board
34 department prior to enforcement by the political subdivision,
35and shall not be less stringent than the minimum standards
-58-1established by the board department by rule.
2 Sec. 142. Section 103.30, subsection 2, Code 2017, is
3amended to read as follows:
42. The board department may by rule exempt specified types
5of new electrical installations from the state electrical
6inspection requirements under section 103.23, provided that
7a political subdivision conducting inspections pursuant
8to section 103.24 shall not be prohibited from requiring
9inspection of any new electrical installation exempt by rule
10from state inspection pursuant to this subsection.
11 Sec. 143. Section 103.31, subsections 1, 3, 4, 5, and 6,
12Code 2017, are amended to read as follows:
131. An inspection shall be made within three business
14days of the submission of a request for an inspection as
15provided in section 103.25. When necessary, circuits may be
16energized by the authorized installer prior to inspection but
17the installation shall remain subject to condemnation and
18disconnection and subject to any appropriate restrictions or
19limitations as determined by the board department.
203. State inspection procedures and policies shall be
21established by the board department. The state fire marshal,
22or the state fire marshal’s designee, shall enforce the
23procedures and policies, and enforce the provisions of the
24national electrical code adopted by the board department.
254. Except when an inspection reveals that an installation or
26portion of an installation is not in compliance with accepted
27standards of construction for health safety and property
28safety, based upon minimum standards set forth in the local
29electrical code or the national electrical code adopted by
30the board department pursuant to section 103.6, such that an
31order of condemnation or disconnection is warranted pursuant to
32section 103.26, an inspector shall not add to, modify, or amend
33a construction plan as originally approved by the state fire
34marshal or the state building code commissioner in the course
35of conducting an inspection.
-59- 15. Management and supervision of inspectors, including
2hiring decisions, disciplinary action, promotions, and work
3schedules are the responsibility of the state fire marshal
4acting in accordance with applicable law and pursuant to any
5applicable collective bargaining agreement. The state fire
6marshal and the board department shall jointly determine
7work territories, regions, or districts for inspectors
8and continuing education and ongoing training requirements
9applicable to inspectors. An inspector subject to disciplinary
10action pursuant to this subsection shall be entitled to an
11appeal according to the procedure set forth in section 103.34
12and judicial review pursuant to section 17A.19.
136. The board department shall establish an internet-based
14licensure verification database for access by a state or local
15inspector for verification of licensee status. The database
16shall include the name of every person licensed under this
17chapter and a corresponding licensure number. Inspectors
18shall be authorized to request the name and license number of
19any person working at a job site subject to inspection for
20verification of licensee status. Licensees under this chapter
21shall be required to carry a copy of their current license and
22photo identification at all times when employed on a job site
23for compliance with this subsection.
24 Sec. 144. Section 103.32, subsection 1, Code 2017, is
25amended to read as follows:
261. All state electrical inspection fees shall be due and
27payable to the board department at or before commencement of
28the installation and shall be forwarded with the request for
29inspection. Inspection fees provided in this section shall
30not apply within the jurisdiction of any political subdivision
31if the political subdivision has adopted an ordinance or
32resolution pursuant to this chapter.
33 Sec. 145. Section 103.32, subsection 2, unnumbered
34paragraph 1, Code 2017, is amended to read as follows:
35The board department shall establish the fees for
-60-1inspections in amounts not to exceed:
2 Sec. 146. Section 103.33, Code 2017, is amended to read as
3follows:
4103.33 Condemnation or disconnection orders — appeals —
5disposition of orders pending appeal.
61. Any person aggrieved by a condemnation or disconnection
7order issued by the state fire marshal’s office may appeal from
8the order by filing a written notice of appeal with the board
9 department within ten days after the date the order was served
10upon the property owner or within ten days after the order was
11filed with the board department, whichever is later.
122. Upon receipt of the notice of appeal from a condemnation
13or disconnection order because the electrical installation is
14proximately dangerous to health or property, the order appealed
15from shall not be stayed unless countermanded by the board
16 department.
173. Upon receipt of notice of appeal from a condemnation
18or disconnection order because the electrical installation
19is not in compliance with accepted standards of construction
20for health safety and property safety, except as provided in
21subsection 2, the order appealed from shall be stayed until
22final decision of the board department and the board department
23 shall notify the property owner and the electrical contractor,
24class A master electrician, class B master electrician, fire
25alarm installer, special electrician, or if established by the
26board department the residential master electrician, making
27the installation. The power supplier shall also be notified
28in those instances in which the order has been served on such
29supplier.
30 Sec. 147. Section 103.34, Code 2017, is amended to read as
31follows:
32103.34 Appeal procedures.
331. Upon receipt of a notice of appeal filed pursuant to
34section 103.33, the chairperson or executive secretary of the
35board department may designate a hearing officer from among
-61-1the board members to hear the appeal or may set the matter for
2hearing before the full board at its next regular meeting. A
3majority of the board shall make the decision.
42. Upon receiving the notice of appeal filed pursuant to
5section 103.33, the board department shall notify all persons
6served with the order appealed from. Such persons may join
7in the hearing and give testimony in their own behalf. The
8board department shall set the hearing date on a date not
9more than fourteen days after receipt of the notice of appeal
10unless otherwise agreed by the interested parties and the board
11 department.
12 Sec. 148. Section 103.35, unnumbered paragraph 1, Code
132017, is amended to read as follows:
14The board, by a simple majority vote of the entire board,
15 department may suspend for a period not exceeding two years,
16or revoke the certificate of licensure of, or reprimand any
17licensee who is found guilty of any of the following acts or
18offenses:
19 Sec. 149. Section 103.36, Code 2017, is amended to read as
20follows:
21103.36 Procedure.
22Proceedings for any action under section 103.35 shall be
23commenced by filing with the board department written charges
24against the accused. Upon the filing of charges, the board
25 department shall conduct an investigation into the charges.
26The board department shall designate a time and place for
27a hearing, and shall notify the accused of this action and
28furnish the accused a copy of all charges at least thirty days
29prior to the date of the hearing. The accused has the right to
30appear personally or by counsel, to cross-examine witnesses, or
31to produce witnesses in defense.
32 Sec. 150. Section 103.38, Code 2017, is amended to read as
33follows:
34103.38 Criminal violations.
35A person who violates a permanent injunction issued pursuant
-62-1to section 103.37 or presents or attempts to file as the
2person’s own the certificate of licensure of another, or
3who gives false or forged evidence of any kind to the board
4 department in obtaining a certificate of licensure, or who
5falsely impersonates another practitioner of like or different
6name, or who uses or attempts to use a revoked certificate of
7licensure, is guilty of a fraudulent practice under chapter
8714.
9 Sec. 151. Section 103.39, subsections 1, 3, 4, 5, and 7,
10Code 2017, are amended to read as follows:
111. In addition to any other penalties provided for in this
12chapter, the board department may by order impose a civil
13penalty upon a person who is not licensed under this chapter
14and who does any of the following:
15a. Is employed in a capacity in which the person engages in
16or offers to engage in the activities authorized pursuant to
17this chapter.
18b. Uses or employs the words “electrical contractor”, “class
19A master electrician”, “class B master electrician”, “class A
20journeyman electrician”, or “class B journeyman electrician”,
21or implies authorization to provide or offer those services,
22or otherwise uses or advertises any title, word, figure, sign,
23card, advertisement, or other symbol or description tending
24to convey the impression that the person is an “electrical
25contractor”, “class A master electrician”, “class B master
26electrician”, “class A journeyman electrician”, or “class B
27journeyman electrician”.
28c. Gives false or forged evidence of any kind to the
29board or any member of the board department in obtaining or
30attempting to obtain a certificate of licensure.
31d. Falsely impersonates any individual licensed pursuant to
32this chapter.
33e. Uses or attempts to use an expired, suspended, revoked,
34or nonexistent certificate of licensure.
35f. Knowingly aids or abets an unlicensed person who engages
-63-1in any activity identified in this subsection.
23. In determining the amount of a civil penalty to
3be imposed, the board department may consider any of the
4following:
5a. Whether the amount imposed will be a substantial economic
6deterrent to the violation.
7b. The circumstances leading to the violation.
8c. The severity of the violation and the risk of harm to the
9public.
10d. The economic benefits gained by the violator as a result
11of noncompliance.
12e. The interest of the public.
134. Before issuing an order under this section, the board
14 department shall provide the person written notice and the
15opportunity to request a hearing on the record. The hearing
16must be requested within thirty days of the issuance of the
17notice and shall be conducted in the same manner as provided
18in section 103.36.
195. The board department, in connection with a proceeding
20under this section, may issue subpoenas to compel the
21attendance and testimony of witnesses and the disclosure of
22evidence, and may request the attorney general to bring an
23action to enforce the subpoena.
247. If a person fails to pay a civil penalty within thirty
25days after entry of an order under subsection 1, or if the
26order is stayed pending an appeal within ten days after the
27court enters a final judgment in favor of the board department,
28the board department shall notify the attorney general. The
29attorney general may commence an action to recover the amount
30of the penalty, including reasonable attorney fees and costs.
31 Sec. 152. Section 105.2, subsections 2, 4, 14, and 17, Code
322017, are amended to read as follows:
332. “Board” “Council” means the electrical, plumbing, and
34mechanical systems board advisory council as established
35pursuant to section 105.3 103.2.
-64- 14. “Department” means the Iowa department of public health
2 safety created under chapter 80.
314. “Medical gas system installer” means any person who
4installs or repairs medical gas piping, components, and
5vacuum systems, including brazers, who has been issued a
6valid certification from the national inspection testing
7certification (NITC) corporation, or an equivalent authority
8approved by the board department.
917. “Routine maintenance” means the maintenance, repair,
10or replacement of existing fixtures or parts of plumbing,
11mechanical, HVAC, refrigeration, sheet metal, or hydronic
12systems in which no changes in original design are made.
13Fixtures or parts do not include smoke and fire dampers, or
14water, gas, or steam piping permanent repairs except for traps
15or strainers. “Routine maintenance” shall include emergency
16repairs, and the board department shall define the term
17“emergency repairs” to include the repair of water pipes to
18prevent imminent damage to property. “Routine maintenance”
19does not include the replacement of furnaces, boilers, cooling
20appliances, or water heaters more than one hundred gallons in
21size.
22 Sec. 153. Section 105.4, subsection 1, paragraphs a and b,
23Code 2017, are amended to read as follows:
24a. The board department shall establish by rule a plumbing
25installation code governing the installation of plumbing in
26this state. Consistent with fire safety rules and standards
27promulgated by the state fire marshal, the board department
28 shall adopt the most current version of the uniform plumbing
29code and the international mechanical code, as the state
30plumbing code and the state mechanical code, to govern the
31installation of plumbing and mechanical systems in this state.
32The board department shall adopt the current version of each
33code within six months of its being released. The board
34 department may adopt amendments to each code by rule. The
35board department shall work in consultation with the state fire
-65-1marshal to ensure that proposed amendments do not conflict with
2the fire safety rules and standards promulgated by the state
3fire marshal. The state plumbing code and the state mechanical
4code shall be applicable to all buildings and structures
5owned by the state or an agency of the state and in each local
6jurisdiction.
7b. Except as provided in paragraph “c”, a local jurisdiction
8is not required to adopt by ordinance the state plumbing code
9or the state mechanical code. However, a local jurisdiction
10that adopts by ordinance the state plumbing code or the
11state mechanical code may adopt standards that are more
12restrictive. A local jurisdiction that adopts standards
13that are more restrictive than the state plumbing code or
14the state mechanical code shall promptly provide copies of
15those standards to the board department. The board department
16 shall maintain on its internet site the text of all local
17jurisdiction standards that differ from the applicable
18statewide code. Local jurisdictions shall not be required to
19conduct inspections or take any other enforcement action under
20the state plumbing code and state mechanical code regardless
21of whether the local jurisdiction has adopted by ordinance the
22state plumbing code or the state mechanical code.
23 Sec. 154. Section 105.4, subsection 2, Code 2017, is amended
24to read as follows:
252. The board department shall adopt all rules necessary to
26carry out the licensing and other provisions of this chapter.
27 Sec. 155. Section 105.5, subsections 1, 3, and 4, Code 2017,
28are amended to read as follows:
291. Any person desiring to take an examination for a license
30issued pursuant to this chapter shall make application to the
31board department in accordance with the rules of the board
32 department. The application form shall be no longer than two
33pages in length, plus one security page. The board department
34 may require that a recent photograph of the applicant be
35attached to the application.
-66- 13. The board department shall adopt rules relating to all
2of the following:
3a. The qualifications required for applicants seeking
4to take examinations, which qualifications shall include
5a requirement that an applicant who is a contractor shall
6be required to provide the contractor’s state contractor
7registration number.
8b. The denial of applicants seeking to take examinations.
94. The board department shall adopt an industry
10standardized examination for each license type. If a
11standardized examination is not available for a specified
12license type, the board department shall work with the
13appropriate testing vendor to create an examination for the
14specified license type.
15 Sec. 156. Section 105.9, subsections 1, 2, 3, 5, and 6, Code
162017, are amended to read as follows:
171. The board department shall set the fees for the
18examination of all applicants, by rule, which fees shall be
19based upon the cost of administering the examinations.
202. The board department shall set the license fees and
21renewal fees for all licenses issued pursuant to this chapter,
22by rule.
233. All fees collected under this chapter shall be retained
24by the board department. The moneys retained by the board
25 department shall be used for any of the board’s department’s
26 duties under this chapter, including but not limited to the
27addition of full-time equivalent positions for program services
28and investigations. Revenues retained by the board department
29 pursuant to this section shall be considered repayment receipts
30as defined in section 8.2. Notwithstanding section 8.33,
31moneys retained by the board department pursuant to this
32section are not subject to reversion to the general fund of the
33state.
345. a. The board department shall submit a report to
35the general assembly within sixty days following the end
-67-1of each fiscal year. The reports shall include a balance
2sheet projection extending no less than three years. If the
3revenue projection exceeds expense projections by more than
4ten percent, the board department shall adjust their its fee
5schedules accordingly, so that projected revenues are no more
6than ten percent higher than projected expenses. The revised
7fees shall be implemented no later than January 1, 2013, and
8January 1 of each subsequent year.
9b. A license fee for a combined license shall be the sum
10total of each of the separate license fees reduced by thirty
11percent.
126. The board department may charge a fee for an application
13required by this chapter and submitted on paper if an internet
14application process is available.
15 Sec. 157. Section 105.10, subsections 1 and 4, Code 2017,
16are amended to read as follows:
171. Except as provided in section 105.11, a person shall
18not operate as a contractor or install or repair plumbing,
19mechanical, HVAC, refrigeration, sheet metal, or hydronic
20systems without obtaining a license issued by the board
21 department, or install or repair medical gas piping systems
22without obtaining a valid certification approved by the board
23 department.
244. The board department shall adopt rules to allow a grace
25period for a contractor to operate a business described in
26subsection 2 without employing a licensed master.
27 Sec. 158. Section 105.12, Code 2017, is amended to read as
28follows:
29105.12 Form of license.
301. A contracting, plumbing, mechanical, HVAC-refrigeration,
31sheet metal, or hydronic license shall be in the form of a
32certificate under the seal of the department, signed by the
33director of public health, and shall be issued in the name of
34the board department. The license number shall be noted on the
35face of the license.
-68- 12. In addition to the certificate, the board department
2 shall provide each licensee with a wallet-sized licensing
3identification card.
4 Sec. 159. Section 105.16, Code 2017, is amended to read as
5follows:
6105.16 Change of residence.
7If a person licensed to practice as a contractor or a
8plumbing, mechanical, HVAC-refrigeration, sheet metal, or
9hydronic professional under this chapter changes the person’s
10residence or place of practice, the person shall so notify the
11board department.
12 Sec. 160. Section 105.18, Code 2017, is amended to read as
13follows:
14105.18 Qualifications and types of licenses issued.
151. General qualifications. The board department shall
16adopt, by rule, general qualifications for licensure. The
17board department may consider the past felony record of an
18applicant only if the felony conviction relates to the practice
19of the profession for which the applicant requests to be
20licensed. References may be required as part of the licensing
21process.
222. Plumbing, mechanical, HVAC-refrigeration, sheet
23metal, and hydronic licenses and contractor licenses. The
24board department shall issue master licenses for plumbing,
25mechanical, HVAC-refrigeration, and hydronic professionals.
26The board department shall issue journeyperson licenses for
27plumbing, mechanical, HVAC-refrigeration, sheet metal, and
28hydronic professionals. A plumbing license shall allow an
29individual to perform work defined as plumbing. A mechanical
30license shall allow an individual to perform work defined
31as HVAC, refrigeration, sheet metal, and hydronic. An
32HVAC-refrigeration license shall allow an individual to perform
33work defined as HVAC and refrigeration. A hydronic license
34shall allow an individual to perform work defined as hydronic.
35A sheet metal license shall allow an individual to perform work
-69-1defined as sheet metal. The board department shall issue the
2separate licenses as follows:
3a. Apprentice license. In order to be licensed by the
4board department as an apprentice, a person shall do all of the
5following:
6(1) File an application, which application shall establish
7that the person meets the minimum requirements adopted by the
8board department.
9(2) Certify that the person will work under the supervision
10of a licensed journeyperson or master in the applicable
11discipline.
12(3) Be enrolled in an applicable apprentice program which is
13registered with the United States department of labor office
14of apprenticeship.
15b. Journeyperson license.
16(1) In order to be licensed by the board department as a
17journeyperson in the applicable discipline, a person shall do
18all of the following:
19(a) File an application and pay application fees as
20established by the board department, which application shall
21establish that the person meets the minimum educational and
22experience requirements adopted by the board department.
23(b) Pass the state journeyperson licensing examination in
24the applicable discipline.
25(c) Provide the board department with evidence of having
26completed at least four years of practical experience as an
27apprentice. Commencing January 1, 2010, the four years of
28practical experience required by this subparagraph division
29must be an apprenticeship training program registered by the
30United States department of labor office of apprenticeship.
31(2) A person may simultaneously hold an active
32journeyperson license and an inactive master license.
33(3) An individual who has passed both the journeyperson
34HVAC-refrigeration examination and the journeyperson hydronic
35examination separately shall be qualified to be issued a
-70-1journeyperson mechanical license without having to pass the
2journeyperson mechanical examination.
3c. Master license.
4(1) In order to be licensed by the board department as a
5master, a person shall do all of the following:
6(a) File an application and pay application fees as
7established by the board department, which application shall
8establish that the person meets the minimum educational and
9experience requirements adopted by the board department.
10(b) Pass the state master licensing examination for the
11applicable discipline.
12(c) Provide evidence to the board department that the person
13has previously been a licensed journeyperson or master in the
14applicable discipline.
15(2) An individual who has passed both the master
16HVAC-refrigeration examination and the master hydronic
17examination separately shall be qualified to be issued a master
18mechanical license without having to pass the master mechanical
19examination.
20d. Contractor license. In order to be licensed by the
21board department as a contractor, a person shall do all of the
22following:
23(1) File an application and pay application fees as
24established by the board department and establish that the
25person meets the minimum requirements adopted by the board
26 department. Through June 30, 2017, the application shall
27include the person’s state contractor registration number.
28After July 1, 2017, the application shall include proof of
29workers compensation insurance coverage, proof of unemployment
30insurance compliance, and, for out-of-state contractors, a bond
31as described in chapter 91C.
32(2) Maintain a permanent place of business.
33(3) Hold a master license or employ at least one person
34holding a master license under this chapter.
353. Combined licenses, restricted licenses.
-71- 1a. The board department may issue single or combined
2licenses to persons who qualify as a contractor, master,
3journeyperson, or apprentice under any of the disciplines.
4b. Special, restricted license. The board department may
5by rule provide for the issuance of special plumbing and
6mechanical professional licenses authorizing the licensee to
7engage in a limited class or classes of plumbing or mechanical
8professional work, which class or classes shall be specified on
9the license. Each licensee shall have experience, acceptable
10to the board department, in each such limited class for which
11the person is licensed. The board department shall designate
12each special, restricted license to be a sublicense of either
13a plumbing, mechanical, HVAC-refrigeration, sheet metal,
14or hydronic license. A special, restricted license may be
15a sublicense of multiple types of licenses. An individual
16holding a master or journeyperson, plumbing, mechanical,
17HVAC-refrigeration, sheet metal, or hydronic license shall not
18be required to obtain any special, restricted license which is
19a sublicense of the license that the individual holds. Special
20plumbing and mechanical professional licenses shall be issued
21to employees of a rate-regulated gas or electric public utility
22who conduct the repair of appliances. “Repair of appliances”
23means the repair or replacement of mechanical connections
24between the appliance shutoff valve and the appliance and
25repair of or replacement of parts to the appliance. Such
26special, restricted license shall require certification
27pursuant to industry-accredited certification standards.
28c. The board department shall establish a special,
29restricted license fee at a reduced rate, consistent with any
30other special, restricted license fees.
31d. An individual that holds either a master or
32journeyperson mechanical license or a master or journeyperson
33HVAC-refrigeration license shall be exempt from having to
34obtain a special electrician’s license pursuant to chapter 103
35in order to disconnect and reconnect existing air conditioning
-72-1and refrigeration systems.
24. Waiver for military service. Notwithstanding section
317A.9A, the board department shall waive the written
4examination requirements and prior experience requirements in
5subsection 2, paragraph “b”, subparagraph (1), and subsection
62, paragraph “c”, for a journeyperson or master license if the
7applicant meets all of the following requirements:
8a. Is an active or retired member of the United States
9military.
10b. Provides documentation that the applicant was deployed
11on active duty during any portion of the time period of July 1,
122008, through December 31, 2009.
13c. Provides documentation that shows the applicant has
14previously passed an examination which the board department
15 deems substantially similar to the examination for a
16journeyperson license or a master license, as applicable,
17issued by the board department, or provides documentation that
18shows the applicant has previously been licensed by a state or
19local governmental jurisdiction in the same trade and trade
20level.
21 Sec. 161. Section 105.19, subsections 1 and 3, Code 2017,
22are amended to read as follows:
231. An applicant for a contractor license or renewal of
24an active contractor license shall provide evidence of a
25public liability insurance policy and surety bond in an amount
26determined sufficient by the board department by rule.
273. The insurance and surety bond shall be written by an
28entity licensed to do business in this state and each licensed
29contractor shall maintain on file with the board department
30 a certificate evidencing the insurance providing that the
31insurance or surety bond shall not be canceled without the
32entity first giving ten days’ written notice to the board
33 department.
34 Sec. 162. Section 105.20, subsections 2, 4, and 5, Code
352017, are amended to read as follows:
-73- 12. A license issued under this chapter may be renewed
2as provided by rule adopted by the board department upon
3application by the licensee, without examination. Applications
4for renewal shall be made to the board department, accompanied
5by the required renewal licensing fee, at least thirty days
6prior to the expiration date of the license.
74. The board department shall, by rule, establish a
8reinstatement process for a licensee who allows a license to
9lapse, including reasonable penalties.
105. a. The board department shall establish continuing
11education requirements pursuant to section 272C.2. The basic
12continuing education requirement for renewal of a license shall
13be the completion, during the immediately preceding license
14term, of the number of classroom hours of instruction required
15by the board department in courses or seminars which have been
16approved by the board department. The board department shall
17require at least eight classroom hours of instruction during
18each three-year licensing term.
19b. A licensee shall have a thirty-day grace period after
20expiration of the licensing term to complete all requirements
21necessary for license renewal without penalty.
22 Sec. 163. Section 105.21, Code 2017, is amended to read as
23follows:
24105.21 Reciprocal licenses.
25The board department may license without examination
26a nonresident applicant who is licensed under plumbing,
27mechanical, HVAC-refrigeration, sheet metal, or hydronic
28professional licensing statutes of another state having similar
29licensing requirements as those set forth in this chapter and
30the rules adopted under this chapter if the other state grants
31the same reciprocal licensing privileges to residents of Iowa
32who have obtained Iowa plumbing or mechanical professional
33licenses under this chapter. The board department shall
34adopt the necessary rules, not inconsistent with the law, for
35carrying out the reciprocal relations with other states which
-74-1are authorized by this chapter.
2 Sec. 164. Section 105.22, unnumbered paragraph 1, Code
32017, is amended to read as follows:
4A license to practice as a contractor or as a plumbing,
5mechanical, HVAC-refrigeration, sheet metal, or hydronic
6professional may be revoked or suspended, or an application
7for licensure may be denied pursuant to procedures established
8pursuant to chapter 272C by the board department, or the
9licensee may be otherwise disciplined in accordance with that
10chapter, when the licensee commits any of the following acts
11or offenses:
12 Sec. 165. Section 105.22, subsection 10, Code 2017, is
13amended to read as follows:
1410. Any other such grounds as established by rule by the
15board department.
16 Sec. 166. Section 105.23, Code 2017, is amended to read as
17follows:
18105.23 Jurisdiction of revocation and suspension proceedings.
19The board department shall have exclusive jurisdiction of
20all proceedings to revoke or suspend a license issued pursuant
21to this chapter. The board department may initiate proceedings
22under this chapter or chapter 272C, following procedures set
23out in section 272C.6, either on its own motion or on the
24complaint of any person. The board department, in connection
25with a proceeding under this chapter, may issue subpoenas to
26compel attendance and testimony of witnesses and the disclosure
27of evidence, and may request the attorney general to bring an
28action to enforce the subpoena.
29 Sec. 167. Section 105.24, Code 2017, is amended to read as
30follows:
31105.24 Notice and default.
321. A written notice stating the nature of the charge or
33charges against a licensee and the time and place of the
34hearing before the board department on the charges shall be
35served on the licensee not less than thirty days prior to the
-75-1date of hearing either personally or by mailing a copy by
2certified mail to the last known address of the licensee.
32. If, after having been served with the notice of hearing,
4the licensee fails to appear at the hearing, the board
5 department may proceed to hear evidence against the licensee
6and may enter such order as is justified by the evidence.
7 Sec. 168. Section 105.27, subsections 1 and 3, Code 2017,
8are amended to read as follows:
91. In addition to any other penalties provided for in this
10chapter, the board department may, by order, impose a civil
11penalty, not to exceed five thousand dollars per offense,
12upon a person violating any provision of this chapter. Each
13day of a continued violation constitutes a separate offense,
14except that offenses resulting from the same or common facts
15or circumstances shall be considered a single offense. Before
16issuing an order under this section, the board department
17 shall provide the person written notice and the opportunity to
18request a hearing on the record. The hearing must be requested
19within thirty days of the issuance of the notice.
203. If a person fails to pay a civil penalty within thirty
21days after entry of an order under subsection 1 or, if the
22order is stayed pending an appeal, within ten days after the
23court enters a final judgment in favor of the board department,
24the board department shall notify the attorney general. The
25attorney general may commence an action to recover the amount
26of the penalty, including reasonable attorney fees and costs.
27 Sec. 169. Section 105.28, Code 2017, is amended to read as
28follows:
29105.28 Enforcement.
30The board department shall enforce the provisions of this
31chapter. Every licensee and member of the board shall furnish
32the board department such evidence as the licensee or member
33 may have relative to any alleged violation which is being
34investigated.
35 Sec. 170. Section 105.29, Code 2017, is amended to read as
-76-1follows:
2105.29 Report of violators.
3Every licensee and every member of the board shall report
4to the board department the name of every person who is
5practicing as a contractor or as a plumbing, mechanical,
6HVAC-refrigeration, sheet metal, or hydronic professional
7without a license issued pursuant to this chapter pursuant
8to the knowledge or reasonable belief of the person making
9the report. The opening of an office or place of business
10for the purpose of providing any services for which a license
11is required by this chapter, the announcing to the public in
12any way the intention to provide any such service, the use of
13any professional designation, or the use of any sign, card,
14circular, device, vehicle, or advertisement, as a provider of
15any such services shall be prima facie evidence of engaging
16in the practice of a contractor or a plumbing, mechanical,
17HVAC-refrigeration, sheet metal, or hydronic professional.
18 Sec. 171. Section 105.30, Code 2017, is amended to read as
19follows:
20105.30 Attorney general.
21Upon request of the board department, the attorney general
22shall institute in the name of the state the proper proceedings
23against any person charged by the department with violating any
24provision of this chapter.
25 Sec. 172. Section 272C.1, subsection 6, paragraph ae, Code
262017, is amended by striking the paragraph and inserting in
27lieu thereof the following:
28ae. The department of public safety, in licensing
29electricians, plumbers, mechanical professionals, contractors,
30and other professionals licensed pursuant to chapters 103 and
31105.
32 Sec. 173. Section 331.301, subsection 6, paragraph b, Code
332017, is amended to read as follows:
34b. A county shall not impose any fee or charge on any
35individual or business licensed by the plumbing and mechanical
-77-1systems board department of public safety for the right to
2perform plumbing, mechanical, HVAC, refrigeration, sheet metal,
3or hydronic systems work within the scope of the license. This
4paragraph does not prohibit a county from charging fees for the
5issuance of permits for, and inspections of, work performed in
6its jurisdiction.
7 Sec. 174. Section 364.3, subsection 3, paragraph b, Code
82017, is amended to read as follows:
9b. A city shall not impose any fee or charge on any
10individual or business licensed by the plumbing and mechanical
11systems board department of public safety for the right to
12perform plumbing, mechanical, HVAC, refrigeration, sheet metal,
13or hydronic systems work within the scope of the license. This
14paragraph does not prohibit a city from charging fees for the
15issuance of permits for, and inspections of, work performed in
16its jurisdiction.
17 Sec. 175. REPEAL. Sections 103.5, 105.1, and 105.3, Code
182017, are repealed.
19 Sec. 176. TRANSITION PROVISIONS.
201. Any rule, regulation, form, order, or directive
21promulgated by the electrical examining board or the plumbing
22and mechanical systems board as required to administer and
23enforce the provisions of chapters 103 and 105, Code 2017,
24shall continue in full force and effect until amended,
25repealed, or supplemented by affirmative action of the
26department of public safety.
272. Any moneys remaining in any account or fund under the
28control of the electrical examining board or the plumbing and
29mechanical systems board on the effective date of this division
30of this Act and relating to the provisions of this division of
31this Act shall be transferred to a comparable fund or account
32under the control of the department of public safety for such
33purposes. Notwithstanding section 8.33, the moneys transferred
34in accordance with this subsection shall not revert to the
35account or fund from which appropriated or transferred.
-78- 13. The electrical examining board and the plumbing and
2mechanical systems board shall assist the department of public
3safety in implementing this division of this Act by providing
4for an effective transition of powers and duties from the
5boards to the department under chapters 103 and 105 and related
6administrative rules. Such assistance shall include but is not
7limited to assisting in cooperating with federal agencies.
84. Any replacement of signs, logos, stationery, insignia,
9uniforms, and related items that is made due to the effect of
10this division of this Act shall be done as part of the normal
11replacement cycle for such items.
125. The license of a person licensed by the electrical
13examining board or the plumbing and mechanical systems board on
14the effective date of this division of this Act shall remain
15in effect upon the transition of regulatory authority from the
16boards to the department of public safety in accordance with
17this division of this Act.
186. Control of the plumbing, mechanical, HVAC-refrigeration,
19sheet metal, or hydronic registry created in section 105.15
20shall be transferred from the department of public health to
21the department of public safety.
227. An administrative hearing or court proceeding arising
23out of an enforcement action under chapter 103 or 105 or
24related administrative rules pending on the effective date
25of this division of this Act shall not be affected by this
26division of this Act. Any cause of action or statute of
27limitation relating to an action taken by the electrical
28examining board or the plumbing and mechanical systems board
29shall not be affected by this division of this Act and such
30cause of action or statute of limitation shall apply to the
31department of public safety.
32DIVISION V
33OUT-OF-STATE LICENSURE APPLICANTS TO BOARD OF EDUCATIONAL
34EXAMINERS
35 Sec. 177. Section 272.8, subsection 1, Code 2017, is amended
-79-1to read as follows:
21. The board may shall issue a an initial license, as
3established by the board by rule, to an applicant from another
4state or country if the applicant files evidence of the
5possession of the required or equivalent requirements with the
6board. If the applicant is the spouse of a military person who
7is on duty or in active state duty as defined in section 29A.1,
8subsections 10 and 12, the board shall assign a consultant to
9be the single point of contact for the applicant regarding
10nontraditional licensure.
11DIVISION VI
12LICENSING MORATORIUM
13 Sec. 178. NEW SECTION. 7E.4A Professional regulation.
14An executive branch administrative unit shall not assess a
15fee, require authorization to practice, or otherwise impose
16regulations on a profession if the administrative unit did not
17regulate the profession prior to July 1, 2017.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to certain state regulations, including
22certificate of need requirements, the practice of certain
23professions, and the oversight of state preserves. The bill is
24organized into divisions.
25CERTIFICATE OF NEED REQUIREMENT. This division removes the
26requirement for a hospital to apply to the Iowa department of
27public health for a certificate of need prior to the offering
28or development of a new or changed institutional health service
29unless the hospital plans to expand its swing-bed capacity
30above 25 beds or plans to add any nursing facility beds or
31skilled nursing beds.
32The division exempts facilities that provide services
33to a person with a primary diagnosis of mental illness, as
34defined in Code section 229.1, from the certificate of need
35requirement.
-80- 1The division takes effect July 1, 2019, except that the
2certificate of need exemption for facilities that provide
3services to a person with a primary diagnosis of mental illness
4takes effect upon enactment.
5REPEALS OF CERTAIN BOARDS — CONFORMING AMENDMENTS.
6 This division eliminates the following boards and removes
7all licensing and registration requirements for their
8regulated professions: the board of respiratory care and
9polysomnography, the board of massage therapy, the board of
10hearing aid specialists, the board of barbering, and the
11interior design examining board.
12The division removes licensing requirements and imposes
13registration requirements for the following professions:
14dietitians, athletic trainers, funeral directors, mental health
15counselors, marital and family therapists, social workers,
16speech pathologists, and audiologists.
17The division requires dietitians, funeral directors, mental
18health counselors, marital and family therapists, and social
19workers to register with the department of public health,
20athletic trainers with the board of educational examiners,
21and speech pathologists and audiologists with the board of
22medicine. The division removes licensing requirements for
23prosthetists, orthotists, and pedorthists and does not require
24registration, but retains the board of podiatry.
25The division removes tooth whitening from the practice of
26dentistry as provided in Code section 153.13.
27REPEAL OF STATE ADVISORY BOARD FOR PRESERVES. This division
28eliminates the state advisory board for preserves and assigns
29the duties of the board to the natural resource commission of
30the department of natural resources.
31ELECTRICAL EXAMINING BOARD AND PLUMBING AND MECHANICAL
32SYSTEMS BOARD MERGER. This division combines the duties
33of the electrical examining board with the plumbing and
34mechanical systems board to create the electrical, plumbing,
35and mechanical systems advisory council under the department
-81-1of public safety, which will regulate the licensure of
2electricians, plumbers, and other professionals currently
3licensed by both boards.
4LICENSING MORATORIUM. This division prohibits an executive
5branch administrative unit from imposing new licensing
6regulations for a profession not regulated prior to July 1,
72017.
8OUT-OF-STATE APPLICANTS TO BOARD OF EDUCATIONAL EXAMINERS.
9 This division requires the board of educational examiners to
10issue a license to an applicant who holds a license in another
11jurisdiction.
12The bill makes numerous conforming changes throughout the
13Code to reflect all of these changes and provides transition
14provisions for the transfer of rules, licenses, fees,
15funds, forms, and other items between the various boards and
16departments.
-82-tr/rh
2certificate of need requirements, the practice of certain
3professions, and the oversight of state preserves, and
4including effective date and transition provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2CERTIFICATE OF NEED REQUIREMENT — HOSPITALS
3 Section 1. Section 135.61, subsection 14, paragraph a, Code
42017, is amended by striking the paragraph.
5 Sec. 2. Section 135.61, subsection 18, Code 2017, is amended
6by adding the following new paragraph:
7 NEW PARAGRAPH. n. The addition of swing-beds by a hospital
8resulting in a swing-bed capacity of twenty-five or more swing
9beds, or the addition of nursing facility beds or skilled
10nursing facility beds by a hospital.
11 Sec. 3. Section 135.61, Code 2017, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 21A. “Proposed institutional health
14service” or “institutional health service proposed” includes an
15institutional health service and the new institutional health
16service or changed institutional health service specified in
17subsection 18, paragraph “n”.
18 Sec. 4. Section 135.63, subsection 2, paragraph g,
19subparagraph (1), subparagraph division (a), Code 2017, is
20amended to read as follows:
21(a) The institutional health facility reports to the
22department the number and type of beds reduced on a form
23prescribed by the department at least thirty days before the
24reduction. In the case of a health care facility, the new bed
25total must be consistent with the number of licensed beds at
26the facility. In the case of a hospital, the number of beds
27must be consistent with bed totals reported to the department
28of inspections and appeals for purposes of licensure and
29certification.
30 Sec. 5. Section 135.63, subsection 2, paragraphs k and n,
31Code 2017, are amended by striking the paragraphs.
32 Sec. 6. Section 135.63, subsection 2, paragraphs l and m,
33Code 2017, are amended to read as follows:
34l. The replacement or modernization of any institutional
35health facility if the replacement or modernization does
-1-1not add new health services or additional bed capacity for
2existing health services, notwithstanding any provision in this
3division to the contrary. With respect to a nursing facility,
4“replacement” means establishing a new facility within the same
5county as the prior facility to be closed. With reference to
6a hospital, “replacement” means establishing a new hospital
7that demonstrates compliance with all of the following criteria
8through evidence submitted to the department:
9(1) Is designated as a critical access hospital pursuant to
1042 U.S.C. §1395i-4.
11(2) Serves at least seventy-five percent of the same service
12area that was served by the prior hospital to be closed and
13replaced by the new hospital.
14(3) Provides at least seventy-five percent of the same
15services that were provided by the prior hospital to be closed
16and replaced by the new hospital.
17(4) Is staffed by at least seventy-five percent of the
18same staff, including medical staff, contracted staff, and
19employees, as constituted the staff of the prior hospital to be
20closed and replaced by the new hospital.
21m. Hemodialysis services provided by a hospital or
22 freestanding facility, notwithstanding any provision in this
23division to the contrary.
24 Sec. 7. Section 135.63, subsection 2, Code 2017, is amended
25by adding the following new paragraph:
26 NEW PARAGRAPH. q. A facility that provides services to a
27person with a primary diagnosis of mental illness as defined
28in section 229.1.
29 Sec. 8. Section 135P.1, subsection 3, Code 2017, is amended
30to read as follows:
313. “Health facility” means an institutional health
32facility as defined in section 135.61, hospital as defined
33in section 135B.1, hospice licensed under chapter 135J, home
34health agency as defined in section 144D.1, assisted living
35program certified under chapter 231C, clinic, or community
-2-1health center, and includes any corporation, professional
2corporation, partnership, limited liability company, limited
3liability partnership, or other entity comprised of such health
4facilities.
5 Sec. 9. EFFECTIVE DATES.
61. Except as provided in subsection 2, this division of this
7Act takes effect July 1, 2019.
82. The section of this division of this Act enacting
9section 135.63, subsection 2, paragraph “q”, takes effect upon
10enactment.
11DIVISION II
12REPEALS OF CERTAIN BOARDS AND CONFORMING AMENDMENTS
13 Sec. 10. Section 10A.104, subsection 15, Code 2017, is
14amended to read as follows:
1515. Administer inspections of cosmetology salons under
16section 157.7 and barbershops under section 158.6.
17 Sec. 11. Section 85B.9, subsections 2 and 4, Code 2017, are
18amended to read as follows:
192. Audiometric examinations shall be administered by
20persons who are certified by the council for accreditation
21in occupational hearing conservation or by persons licensed
22 registered as audiologists under chapter 154F, or licensed as
23physicians or osteopathic physicians and surgeons under chapter
24148, provided the registered and licensed persons are trained
25in audiometry.
264. a. The assessment of the proportion of the total
27binaural percentage hearing loss that is due to occupational
28noise exposure shall be made by the employer’s regular or
29consulting physician or licensed registered audiologist who
30is trained and has had experience with such assessment. If
31several audiometric examinations are available for assessment,
32the physician or audiologist shall determine which examinations
33shall be used in the final assessment of occupational hearing
34loss.
35b. If the employee disputes the assessment, the employee
-3-1may select a physician or licensed registered audiologist
2similarly trained and experienced to give an assessment of the
3audiometric examinations.
4 Sec. 12. Section 135.11, subsection 7, Code 2017, is amended
5to read as follows:
67. Exercise sole jurisdiction over the disposal and
7transportation of the dead bodies of human beings and prescribe
8the methods to be used in preparing such bodies for disposal
9and transportation. However, the department may approve
10a request for an exception to the application of specific
11embalming and disposition rules adopted pursuant to this
12subsection if such rules would otherwise conflict with tenets
13and practices of a recognized religious denomination to which
14the deceased individual adhered or of which denomination the
15deceased individual was a member. The department shall inform
16the board of mortuary science of any such approved exception
17which may affect services provided by a funeral director
18licensed pursuant to chapter 156.
19 Sec. 13. Section 135.24, subsection 2, paragraphs a and d,
20Code 2017, are amended to read as follows:
21a. Procedures for registration of health care providers
22deemed qualified by the board of medicine, the board of
23physician assistants, the dental board, the board of nursing,
24the board of chiropractic, the board of psychology, the board
25of social work, the board of behavioral science, the board
26of pharmacy, the board of optometry, the board of podiatry,
27the board of physical and occupational therapy, the board of
28respiratory care and polysomnography, and the Iowa department
29of public health, as applicable.
30d. Identification of the services to be provided under the
31program. The services provided may include but shall not be
32limited to obstetrical and gynecological medical services,
33psychiatric services provided by a physician licensed under
34chapter 148, dental services provided under chapter 153, or
35other services provided under chapter 147A, 148A, 148B, 148C,
-4-1149, 151, 152, 152B, 152E, 154, 154B, 154C, 154D, 154F, or
2155A.
3 Sec. 14. Section 135.24, subsection 7, paragraph d, Code
42017, is amended to read as follows:
5d. “Health care provider” means a physician licensed under
6chapter 148, a chiropractor licensed under chapter 151, a
7physical therapist licensed pursuant to chapter 148A, an
8occupational therapist licensed pursuant to chapter 148B,
9a podiatrist licensed pursuant to chapter 149, a physician
10assistant licensed and practicing under a supervising physician
11pursuant to chapter 148C, a licensed practical nurse, a
12registered nurse, or an advanced registered nurse practitioner
13licensed pursuant to chapter 152 or 152E, a respiratory
14therapist licensed pursuant to chapter 152B, a dentist, dental
15hygienist, or dental assistant registered or licensed to
16practice under chapter 153, an optometrist licensed pursuant
17to chapter 154, a psychologist licensed pursuant to chapter
18154B, a social worker licensed registered pursuant to chapter
19154C, a mental health counselor or a marital and family
20therapist licensed registered pursuant to chapter 154D, a
21speech pathologist or audiologist licensed registered pursuant
22to chapter 154F, a pharmacist licensed pursuant to chapter
23155A, or an emergency medical care provider certified pursuant
24to chapter 147A.
25 Sec. 15. Section 135.61, subsection 10, Code 2017, is
26amended to read as follows:
2710. “Health care provider” means a person licensed,
28registered, or certified under chapter 147, 148, 148A, 148C,
29149, 151, 152, 153, 154, 154B, 154F, or 155A to provide in this
30state professional health care service to an individual during
31that individual’s medical care, treatment, or confinement.
32 Sec. 16. Section 135.131, subsection 4, Code 2017, is
33amended to read as follows:
344. A birth center shall refer the newborn to a licensed
35 registered audiologist, physician, or hospital for screening
-5-1for hearing loss prior to discharge of the newborn from the
2birth center. The hearing screening shall be completed within
3thirty days following discharge of the newborn. The person
4completing the hearing screening shall report the results
5of the screening to the parent or guardian of the newborn
6and to the department in a manner prescribed by rule of the
7department. Such person shall also report the results of the
8screening to the primary care provider of the newborn.
9 Sec. 17. Section 135L.3, subsection 3, paragraphs b and j,
10Code 2017, are amended to read as follows:
11b. The pregnant minor may participate in the court
12proceedings on the pregnant minor’s own behalf. The court may
13appoint a guardian ad litem for the pregnant minor and the
14court shall appoint a guardian ad litem for the pregnant minor
15if the pregnant minor is not accompanied by a responsible adult
16or if the pregnant minor has not viewed the video as provided
17pursuant to section 135L.2. In appointing a guardian ad litem
18for the pregnant minor, the court shall consider a person
19licensed to practice psychology pursuant to chapter 154B, a
20licensed registered social worker pursuant to chapter 154C, a
21licensed registered marital and family therapist pursuant to
22chapter 154D, or a licensed registered mental health counselor
23pursuant to chapter 154D to serve in the capacity of guardian
24ad litem. The court shall advise the pregnant minor of the
25pregnant minor’s right to court-appointed legal counsel, and
26shall, upon the pregnant minor’s request, provide the pregnant
27minor with court-appointed legal counsel, at no cost to the
28pregnant minor.
29j. If the court denies the petition for waiver of
30notification and if the decision is not appealed or all appeals
31are exhausted, the court shall advise the pregnant minor that,
32upon the request of the pregnant minor, the court will appoint
33a licensed registered marital and family therapist to assist
34the pregnant minor in addressing any intrafamilial problems.
35All costs of services provided by a court-appointed licensed
-6-1 registered marital and family therapist shall be paid by the
2court through the expenditure of funds appropriated to the
3judicial branch.
4 Sec. 18. Section 144C.3, subsection 5, Code 2017, is amended
5to read as follows:
65. This section shall not be construed to permit a person
7who is not licensed registered pursuant to chapter 156 to make
8funeral arrangements.
9 Sec. 19. Section 144C.11, Code 2017, is amended to read as
10follows:
11144C.11 Practice of mortuary science.
12This chapter shall not be construed to authorize the
13unlicensed unregistered practice of mortuary science as
14provided in chapter 156.
15 Sec. 20. Section 147.1, subsections 3 and 6, Code 2017, are
16amended to read as follows:
173. “Licensed” or “certified”, when applied to a physician
18and surgeon, podiatric physician, osteopathic physician and
19surgeon, physician assistant, psychologist, chiropractor,
20nurse, dentist, dental hygienist, dental assistant,
21optometrist, speech pathologist, audiologist, pharmacist,
22physical therapist, physical therapist assistant, occupational
23therapist, occupational therapy assistant, orthotist,
24prosthetist, pedorthist, respiratory care practitioner,
25 practitioner of cosmetology arts and sciences, practitioner
26of barbering, funeral director, dietitian, marital and
27family therapist, mental health counselor, respiratory
28care and polysomnography practitioner, polysomnographic
29technologist, social worker, massage therapist, athletic
30trainer, acupuncturist, nursing home administrator, hearing
31aid specialist, or sign language interpreter or transliterator
32means a person licensed under this subtitle.
336. “Profession” means medicine and surgery, podiatry,
34osteopathic medicine and surgery, practice as a physician
35assistant, psychology, chiropractic, nursing, dentistry,
-7-1dental hygiene, dental assisting, optometry, speech pathology,
2audiology, pharmacy, physical therapy, physical therapist
3assisting, occupational therapy, occupational therapy
4assisting, respiratory care, cosmetology arts and sciences,
5barbering, mortuary science, marital and family therapy, mental
6health counseling, polysomnography, social work, dietetics,
7massage therapy, athletic training, acupuncture, nursing
8home administration, practice as a hearing aid specialist,
9 or sign language interpreting or transliterating, orthotics,
10prosthetics, or pedorthics.
11 Sec. 21. Section 147.2, subsection 1, Code 2017, is amended
12to read as follows:
131. A person shall not engage in the practice of medicine
14and surgery, podiatry, osteopathic medicine and surgery,
15psychology, chiropractic, physical therapy, physical
16therapist assisting, nursing, dentistry, dental hygiene,
17dental assisting, optometry, speech pathology, audiology,
18 occupational therapy, occupational therapy assisting,
19orthotics, prosthetics, pedorthics, respiratory care,
20 pharmacy, cosmetology arts and sciences, barbering, social
21work, dietetics, marital and family therapy or mental health
22counseling, massage therapy, mortuary science, polysomnography,
23athletic training, acupuncture, nursing home administration,
24or sign language interpreting or transliterating, or shall not
25practice as a physician assistant or a hearing aid specialist,
26unless the person has obtained a license for that purpose from
27the board for the profession.
28 Sec. 22. Section 147.13, subsections 10, 12, 14, 15, 16, 17,
2918, 19, 20, 22, and 24, Code 2017, are amended by striking the
30subsections.
31 Sec. 23. Section 147.14, subsection 1, paragraphs a, i, k,
32m, o, p, q, r, t, and v, Code 2017, are amended by striking the
33paragraphs.
34 Sec. 24. Section 147.14, subsection 1, paragraph s, Code
352017, is amended to read as follows:
-8- 1s. For podiatry, five members licensed to practice podiatry,
2two members licensed to practice orthotics, prosthetics, or
3pedorthics, and two members who are not so licensed to practice
4podiatry and who shall represent the general public.
5 Sec. 25. Section 147.74, subsections 11, 12, 13, 14, 17,
619, 20, 23, and 24, Code 2017, are amended by striking the
7subsections.
8 Sec. 26. Section 147.76, Code 2017, is amended to read as
9follows:
10147.76 Rules.
11The boards for the various professions shall adopt all
12necessary and proper rules to administer and interpret this
13chapter and chapters 148 through 158, except chapter 148D 152,
14152E, 153, 154, 154B, 154E, 154F, 155, 155A, and 157.
15 Sec. 27. Section 148A.3, subsection 1, Code 2017, is amended
16to read as follows:
171. Licensed physicians and surgeons, osteopathic physicians
18and surgeons, podiatric physicians, chiropractors, nurses,
19dentists, and cosmetologists, and barbers, who are engaged in
20the practice of their respective professions.
21 Sec. 28. Section 152.1, subsection 6, paragraph c, Code
222017, is amended to read as follows:
23c. The performance of services by unlicensed or unregistered
24 workers employed in offices, hospitals, or health care
25facilities, as defined in section 135C.1, under the supervision
26of a physician or a nurse licensed under this chapter, or
27employed in the office of a psychologist, podiatric physician,
28optometrist, chiropractor, speech pathologist, audiologist, or
29physical therapist licensed or registered to practice in this
30state, and when acting while within the scope of the employer’s
31license.
32 Sec. 29. Section 152A.1, Code 2017, is amended to read as
33follows:
34152A.1 Definitions.
35As used in this chapter, unless the context otherwise
-9-1requires:
21. “Board” “Department” means the board of dietetics
3 department of public health created under chapter 147 135.
42. “Licensed dietitian” or “dietitian” “Dietitian” means a
5person who holds a valid license registers with the department
6 to practice dietetics pursuant to this chapter.
7 Sec. 30. Section 152A.2, Code 2017, is amended by striking
8the section and inserting in lieu thereof the following:
9152A.2 Dietitian registration.
10A person shall register with the department in order to
11provide services as a dietitian.
12 Sec. 31. Section 153.13, subsection 3, Code 2017, is amended
13by striking the subsection.
14 Sec. 32. Section 154C.1, subsection 1, Code 2017, is amended
15by striking the subsection and inserting in lieu thereof the
16following:
171. “Department” means the department of public health
18established in chapter 135.
19 Sec. 33. Section 154C.1, subsection 2, Code 2017, is amended
20by striking the subsection.
21 Sec. 34. Section 154C.1, subsection 3, unnumbered paragraph
221, Code 2017, is amended to read as follows:
23“Practice of social work” means the professional activity
24of licensees persons registered under this chapter which is
25directed at enhancing or restoring people’s capacity for social
26functioning, whether impaired by environmental, emotional,
27or physical factors, with particular attention to the
28person-in-situation configuration. The social work profession
29represents a body of knowledge requiring progressively more
30sophisticated analytic and intervention skills, and includes
31the application of psychosocial theory methods to individuals,
32couples, families, groups, and communities. The practice of
33social work does not include the making of a medical diagnosis,
34or the treatment of conditions or disorders of biological
35etiology except treatment of conditions or disorders which
-10-1involve psychosocial aspects and conditions. The practice of
2social work for each of the categories of social work licensure
3 includes the following:
4 Sec. 35. NEW SECTION. 154C.1A Social work registration.
5A person shall register with the department in order to
6engage in the practice of social work.
7 Sec. 36. Section 154C.7, unnumbered paragraph 1, Code 2017,
8is amended to read as follows:
9This chapter and chapter 147 do not prevent qualified
10members of other professions including, but not limited to,
11nurses, psychologists, marital and family therapists, mental
12health counselors, physicians, physician assistants, attorneys
13at law, or members of the clergy, from providing or advertising
14that they provide services of a social work nature consistent
15with the accepted standards of their respective professions,
16provided that these persons do not use a title or description
17indicating or implying that they are licensed registered to
18practice social work under this chapter or that they are
19practicing social work as defined in this chapter.
20 Sec. 37. Section 154D.1, subsection 1, Code 2017, is amended
21by striking the subsection and inserting in lieu thereof the
22following:
231. “Department” means the department of public health
24established in chapter 135.
25 Sec. 38. Section 154D.1, subsections 2 and 3, Code 2017, are
26amended to read as follows:
272. “Licensed “Registered marital and family therapist” means
28a person licensed registered to practice marital and family
29therapy under chapter 147 and this chapter.
303. “Licensed “Registered mental health counselor” means a
31person licensed registered to practice mental health counseling
32under chapter 147 and this chapter.
33 Sec. 39. Section 154D.1, subsections 4, 7, 8, and 9, Code
342017, are amended by striking the subsections.
35 Sec. 40. NEW SECTION. 154D.1A Behavioral science
-11-1registration.
2A person shall register with the department in order to
3provide services as a registered marital and family therapist
4or a registered mental health counselor.
5 Sec. 41. Section 154D.4, Code 2017, is amended to read as
6follows:
7154D.4 Exemptions.
81. This chapter and chapter 147 do not prevent qualified
9members of other professions, including but not limited to
10nurses, psychologists, social workers, physicians, physician
11assistants, attorneys at law, or members of the clergy, from
12providing or advertising that they provide services of a
13marital and family therapy or mental health counseling nature
14consistent with the accepted standards of their respective
15professions, but these persons shall not use a title or
16description denoting that they are licensed registered marital
17and family therapists or licensed registered mental health
18counselors.
192. The licensure registration requirements of this chapter
20and chapter 147 do not apply to the following:
21a. Students whose activities are conducted within a course
22of professional education in marital and family therapy or
23mental health counseling.
24b. A person who practices marital and family therapy or
25mental health counseling under the supervision of a person
26licensed registered under this chapter as part of a clinical
27experience as described in section 154D.2, subsection 2.
28c. The provision of children, family, or mental health
29services through the department of human services or juvenile
30court, or agencies contracting with the department of human
31services or juvenile court, by persons who do not represent
32themselves to be either a marital and family therapist or a
33mental health counselor.
34 Sec. 42. Section 154F.1, subsection 2, Code 2017, is amended
35to read as follows:
-12- 12. “Board” means the board of speech pathology and audiology
2 medicine established pursuant to section 147.14, subsection 1,
3paragraph “i” chapter 147.
4 Sec. 43. Section 154F.2, subsection 1, paragraph b, Code
52017, is amended by striking the paragraph.
6 Sec. 44. Section 154F.2, subsection 1, paragraph c, Code
72017, is amended to read as follows:
8c. Students enrolled in an accredited college or university
9pursuing a course of study leading to a degree in speech
10pathology or audiology while receiving clinical training as a
11part of the course of study and acting under the supervision
12of a licensed registered speech pathologist or audiologist
13provided they use the title “trainee” or similar title clearly
14indicating training status.
15 Sec. 45. Section 154F.2, subsection 2, Code 2017, is amended
16to read as follows:
172. A person exempted from the provisions of this chapter by
18this section shall not use the title “speech pathologist” or
19“audiologist” or any title or device indicating or representing
20in any manner that the person is a speech pathologist or is
21an audiologist; provided, a hearing aid specialist licensed
22under chapter 154A may use the title “certified hearing
23aid audiologist” when granted by the national hearing aid
24society; and provided, persons who meet the requirements
25of section 154F.3, subsection 1, who are certified by the
26department of education as speech clinicians may use the title
27“speech pathologist” and persons who meet the requirements
28of section 154F.3, subsection 2, who are certified by the
29department of education as hearing clinicians may use the
30title “audiologist”, while acting within the scope of their
31employment.
32 Sec. 46. NEW SECTION. 154F.2A Speech pathology and
33audiology registration.
34A person shall register with the board in order to provide
35services as an audiologist or speech pathologist.
-13-1 Sec. 47. Section 156.1, subsections 1 and 6, Code 2017, are
2amended by striking the subsections.
3 Sec. 48. Section 156.1, subsections 3, 4, and 5, Code 2017,
4are amended to read as follows:
53. “Cremation establishment” means a place of business as
6defined by the board which provides any aspect of cremation
7services.
84. “Funeral director” means a person licensed by registered
9with the board department to practice mortuary science.
105. “Funeral establishment” means a place of business
11as defined by the board devoted to providing any aspect of
12mortuary science.
13 Sec. 49. Section 156.1, Code 2017, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 3A. “Department” means the department of
16public health established in chapter 135.
17 Sec. 50. Section 156.4, Code 2017, is amended to read as
18follows:
19156.4 Funeral directors.
201. The practice of a funeral director must be conducted
21from a funeral establishment licensed by the board. The board
22may specify criteria for exceptions to the requirement of this
23subsection in rules.
242. A person shall not engage in the practice of mortuary
25science or establish, conduct, or maintain a funeral
26establishment or a cremation establishment unless licensed
27 registered with the department.
283. Applications for the examination for a funeral
29director’s license shall be verified on a form furnished by the
30board.
314. Applicants shall pass an examination prescribed by the
32board, which shall include the subjects of funeral directing,
33burial or other disposition of dead human bodies, sanitary
34science, embalming, restorative art, anatomy, public health,
35transportation, business ethics, and such other subjects as the
-14-1board may designate.
25. After the applicant has completed satisfactorily the
3course of instruction in mortuary science in an accredited
4school approved by the board, the applicant must pass the
5examination prescribed by the board as provided in section
6147.34. The applicant may then receive an internship
7certificate and shall then complete a minimum one-year
8internship as determined by the board.
9 Sec. 51. Section 157.2, subsection 1, paragraph b, Code
102017, is amended by striking the paragraph.
11 Sec. 52. Section 157.2, subsection 1, paragraph h, Code
122017, is amended to read as follows:
13h. Employees of a licensed barbershop when manicuring
14fingernails, if permitted under section 158.14, subsection 2.
15 Sec. 53. Section 157.7, Code 2017, is amended to read as
16follows:
17157.7 Inspectors and clerical assistants.
18The department of inspections and appeals shall employ
19personnel pursuant to chapter 8A, subchapter IV, to perform
20duties related to inspection functions under this chapter.
21The department of inspections and appeals shall, when
22possible, integrate inspection efforts under this chapter with
23inspections conducted under chapter 158.
24The Iowa department of public health may employ clerical
25assistants pursuant to chapter 8A, subchapter IV, to administer
26and enforce this chapter. The costs and expenses of the
27clerical assistants shall be paid from funds appropriated to
28the department of public health.
29 Sec. 54. Section 157.8, subsection 2, paragraph c, Code
302017, is amended to read as follows:
31c. A license for a school of cosmetology arts and sciences
32shall not be issued for any space in any location where the
33same space is also licensed as a barber school.
34 Sec. 55. Section 157.9, Code 2017, is amended to read as
35follows:
-15- 1157.9 License suspension and revocation.
2Any license issued by the department under the provisions
3of this chapter may be suspended, revoked, or renewal denied
4by the board for violation of any provision of this chapter
5or chapter 158 or rules promulgated by the board under the
6provisions of chapter 17A.
7 Sec. 56. Section 157.10, subsection 3, Code 2017, is amended
8to read as follows:
93. A barber licensed under chapter 158 or a student in
10a barber school who applies for licensure in a practice of
11cosmetology arts and sciences or who enrolls in a school
12of cosmetology arts and sciences shall be granted, at the
13discretion of the school, at least half credit and up to full
14credit for each course successfully completed for licensure
15as a barber in barbering which meets the requirements for
16licensure in a practice of cosmetology arts and sciences.
17 Sec. 57. Section 157.12, Code 2017, is amended to read as
18follows:
19157.12 Supervisors.
20A person who directly supervises the work of practitioners
21of cosmetology arts and sciences shall be licensed in the
22practice supervised or a barber licensed under section 158.3.
23 Sec. 58. Section 157.13, subsection 1, unnumbered paragraph
241, Code 2017, is amended to read as follows:
25It is unlawful for a person to employ an individual to
26practice cosmetology arts and sciences unless that individual
27is licensed or has obtained a temporary permit under this
28chapter. It is unlawful for a licensee to practice with or
29without compensation in any place other than a licensed salon,
30 or a licensed school of cosmetology arts and sciences, or a
31licensed barbershop as defined in section 158.1. The following
32exceptions to this subsection shall apply:
33 Sec. 59. Section 157.13, subsection 1, paragraph a, Code
342017, is amended to read as follows:
35a. A licensee may practice at a location which is not a
-16-1licensed salon, or school of cosmetology arts and sciences, or
2licensed barbershop under extenuating circumstances arising
3from physical or mental disability or death of a customer.
4 Sec. 60. Section 157.13, subsection 2, Code 2017, is amended
5to read as follows:
62. It is unlawful for a licensee to claim to be a licensed
7 barber, however a licensed cosmetologist may work in a licensed
8 barbershop. It is unlawful for a person to employ a licensed
9cosmetologist, esthetician, or electrologist to perform the
10services described in section 157.3A if the licensee has not
11received the additional training and met the other requirements
12specified in section 157.3A.
13 Sec. 61. Section 216E.7, Code 2017, is amended to read as
14follows:
15216E.7 Exemptions.
16This chapter does not apply to a hearing aid sold, leased, or
17transferred to a consumer by an audiologist licensed registered
18 under chapter 154F, or a hearing aid specialist licensed under
19chapter 154A, if the audiologist or specialist provides either
20an express warranty for the hearing aid or provides for service
21and replacement of the hearing aid.
22 Sec. 62. Section 249A.15A, Code 2017, is amended to read as
23follows:
24249A.15A Licensed Registered marital and family therapists,
25licensed master registered social workers, licensed registered
26 mental health counselors, and certified alcohol and drug
27counselors.
281. The department shall adopt rules pursuant to chapter
2917A entitling marital and family therapists who are licensed
30 registered pursuant to chapter 154D to payment for behavioral
31health services provided to recipients of medical assistance,
32subject to limitations and exclusions the department finds
33necessary on the basis of federal laws and regulations.
342. The department shall adopt rules pursuant to chapter
3517A entitling master social workers who hold a master’s degree
-17-1approved by the board of social work, are licensed as a master
2social worker registered pursuant to section 154C.3, subsection
31, paragraph “b”, 154C.1A and provide treatment services under
4the supervision of an independent social worker licensed
5pursuant to section 154C.3, subsection 1, paragraph “c”, to
6payment for behavioral health services provided to recipients
7of medical assistance, subject to limitations and exclusions
8the department finds necessary on the basis of federal laws and
9regulations.
103. The department shall adopt rules pursuant to chapter 17A
11entitling mental health counselors who are licensed registered
12 pursuant to chapter 154D to payment for behavioral health
13services provided to recipients of medical assistance, subject
14to limitations and exclusions the department finds necessary on
15the basis of federal laws and regulations.
164. The department shall adopt rules pursuant to chapter 17A
17entitling alcohol and drug counselors who are certified by the
18nongovernmental Iowa board of substance abuse certification to
19payment for behavioral health services provided to recipients
20of medical assistance, subject to limitations and exclusions
21the department finds necessary on the basis of federal laws and
22regulations.
23 Sec. 63. Section 249A.15B, Code 2017, is amended to read as
24follows:
25249A.15B Speech pathologists eligible for payment.
26The department shall adopt rules pursuant to chapter 17A
27entitling speech pathologists who are licensed registered
28 pursuant to chapter 154F, including those certified in
29independent practice, to payment for speech pathology services
30provided to recipients of medical assistance, subject to
31limitations and exclusions the department finds necessary on
32the basis of federal laws and regulations.
33 Sec. 64. Section 261.61, subsections 2, 5, and 9, Code 2017,
34are amended to read as follows:
352. All classes identified by the barber school or school
-18-1of cosmetology arts and sciences as required for completion
2of a course of study required for practice as a barber or
3 for licensure as provided in section 158.8 or required for
4licensure as provided in section 157.10, shall be considered
5a part of the student’s barber or cosmetology course of study
6for the purpose of determining the student’s eligibility for a
7grant. Notwithstanding subsection 3, if a student is making
8satisfactory academic progress but the student cannot complete
9the course of study in the time frame allowed for a student
10to receive a barber and cosmetology arts and sciences tuition
11grant as provided in subsection 3 because additional classes
12are required to complete the course of study, the student may
13continue to receive a barber and cosmetology arts and sciences
14tuition grant for not more than one additional enrollment
15period.
165. A barber and cosmetology arts and sciences tuition grant
17shall be awarded on an annual basis, requiring reapplication
18by the student for each year. Payments under the grant shall
19be allocated equally among the semesters or quarters of the
20year upon certification by the institution that the student is
21in full-time or part-time attendance in a course of study at a
22licensed barber school or licensed school of cosmetology arts
23and sciences. If the student discontinues attendance before
24the end of any term after receiving payment of the grant, the
25entire amount of any refund due that student, up to the amount
26of any payments made under the annual grant, shall be paid by
27the institution to the state.
289. For purposes of this section, “eligible school” means
29a barber school licensed under section 158.7 or a school of
30cosmetology arts and sciences licensed under chapter 157. An
31eligible school shall be accredited by a national accrediting
32agency recognized by the United States department of education
33and shall meet the criteria in section 261.9, subsection 1,
34paragraphs “d” through “g”. An eligible school shall report
35promptly to the commission any information requested.
-19-1 Sec. 65. Section 261.61, subsection 7, paragraph a, Code
22017, is amended to read as follows:
3a. Provide application forms for distribution to students by
4Iowa high schools, licensed barber schools and licensed schools
5of cosmetology arts and sciences, and community colleges.
6 Sec. 66. Section 261B.11, subsection 1, paragraph i, Code
72017, is amended to read as follows:
8i. Postsecondary educational institutions licensed by
9the state of Iowa under section 157.8 or 158.7 to operate as
10schools of cosmetology arts and sciences or as barber schools
11 in the state.
12 Sec. 67. Section 261B.11, subsection 1, paragraph m, Code
132017, is amended by striking the paragraph.
14 Sec. 68. Section 272.1, Code 2017, is amended by adding the
15following new subsections:
16 NEW SUBSECTION. 1A. “Athletic trainer” means a person
17registered under this chapter to practice athletic training
18under the direction of a licensed physician.
19 NEW SUBSECTION. 1B. “Athletic training” means the practice
20of prevention, recognition, assessment, physical evaluation,
21management, treatment, disposition, and physical reconditioning
22of athletic injuries that are within the professional
23preparation and education of a registered athletic trainer and
24under the direction of a licensed physician. The term “athletic
25training” includes the organization and administration of
26educational programs and athletic facilities, and the education
27and counseling of the public on matters relating to athletic
28training.
29 Sec. 69. Section 272.2, subsection 10, Code 2017, is amended
30to read as follows:
3110. Issue statements of professional recognition to
32school service personnel who have attained a minimum of
33a baccalaureate degree and who are licensed by another
34professional licensing board, including but not limited to
35athletic trainers licensed under chapter 152D.
-20-1 Sec. 70. NEW SECTION. 272.32 Athletic training
2registration.
3A person shall register with the department in order to
4practice as an athletic trainer.
5 Sec. 71. Section 272C.1, subsection 6, paragraphs g, k,
6u, v, z, aa, and ab, Code 2017, are amended by striking the
7paragraphs.
8 Sec. 72. Section 272C.3, subsection 2, paragraph a, Code
92017, is amended to read as follows:
10a. Revoke a license, or suspend a license either until
11further order of the board or for a specified period, upon any
12of the grounds specified in section 100D.5, 105.22, 147.55,
13148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.219,
14542.10, 542B.21, 543B.29, 544A.13, 544B.15, or 602.3203 or
15chapter 151 or 155, as applicable, or upon any other grounds
16specifically provided for in this chapter for revocation of
17the license of a licensee subject to the jurisdiction of
18that board, or upon failure of the licensee to comply with a
19decision of the board imposing licensee discipline.
20 Sec. 73. Section 272C.4, subsection 6, Code 2017, is amended
21to read as follows:
226. Define by rule acts or omissions that are grounds for
23revocation or suspension of a license under section 100D.5,
24105.22, 147.55, 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13,
25455B.219, 542.10, 542B.21, 543B.29, 544A.13, 544B.15, or
26602.3203 or chapter 151 or 155, as applicable, and to define
27by rule acts or omissions that constitute negligence, careless
28acts, or omissions within the meaning of section 272C.3,
29subsection 2, paragraph “b”, which licensees are required to
30report to the board pursuant to section 272C.9, subsection 2.
31 Sec. 74. Section 272C.5, subsection 2, paragraph c, Code
322017, is amended to read as follows:
33c. Shall state whether the procedures are an alternative
34to or an addition to the procedures stated in sections 100D.5,
35105.23, 105.24, 148.6 through 148.9, 152.10, 152.11, 153.33,
-21-1154A.23, 542.11, 542B.22, 543B.35, 543B.36, and 544B.16.
2 Sec. 75. Section 272C.6, subsection 6, paragraph a, Code
32017, is amended to read as follows:
4a. A board created pursuant to chapter 147, 154A, 155,
5169, 542, 542B, 543B, 543D, 544A, or 544B may charge a fee not
6to exceed seventy-five dollars for conducting a disciplinary
7hearing pursuant to this chapter which results in disciplinary
8action taken against the licensee by the board, and in addition
9to the fee, may recover from a licensee the costs for the
10following procedures and associated personnel:
11(1) Transcript.
12(2) Witness fees and expenses.
13(3) Depositions.
14(4) Medical examination fees incurred relating to a person
15licensed under chapter 147, 154A, 155, or 169.
16 Sec. 76. Section 273.2, subsection 7, Code 2017, is amended
17to read as follows:
187. The board of an area education agency or a consortium
19of two or more area education agencies shall contract with
20one or more licensed registered dietitians for the support of
21nutritional provisions in individual education plans developed
22in accordance with chapter 256B and to provide information to
23support school nutrition coordinators.
24 Sec. 77. Section 280.13C, subsection 4, paragraph b, Code
252017, is amended to read as follows:
26b. “Licensed health care provider” means a physician,
27physician assistant, chiropractor, advanced registered nurse
28practitioner, nurse, or physical therapist, or athletic trainer
29 licensed by a board designated under section 147.13.
30 Sec. 78. Section 331.608, subsection 6, paragraph c, Code
312017, is amended to read as follows:
32c. To a person who is a funeral director licensed registered
33 pursuant to chapter 156 and who has custody of the body of a
34deceased veteran.
35 Sec. 79. Section 423.2, subsection 6, paragraph a, Code
-22-12017, is amended to read as follows:
2a. The sales price of any of the following enumerated
3services is subject to the tax imposed by subsection
45: alteration and garment repair; armored car; vehicle repair;
5battery, tire, and allied; investment counseling; service
6charges of all financial institutions; barber and beauty; boat
7repair; vehicle wash and wax; campgrounds; carpentry; roof,
8shingle, and glass repair; dance schools and dance studios;
9dating services; dry cleaning, pressing, dyeing, and laundering
10excluding the use of self-pay washers and dryers; electrical
11and electronic repair and installation; excavating and
12grading; farm implement repair of all kinds; flying service;
13furniture, rug, carpet, and upholstery repair and cleaning; fur
14storage and repair; golf and country clubs and all commercial
15recreation; gun and camera repair; house and building moving;
16household appliance, television, and radio repair; janitorial
17and building maintenance or cleaning; jewelry and watch
18repair; lawn care, landscaping, and tree trimming and removal;
19limousine service, including driver; machine operator; machine
20repair of all kinds; motor repair; motorcycle, scooter, and
21bicycle repair; oilers and lubricators; office and business
22machine repair; painting, papering, and interior decorating;
23parking facilities; pay television; pet grooming; pipe
24fitting and plumbing; wood preparation; executive search
25agencies; private employment agencies, excluding services
26for placing a person in employment where the principal place
27of employment of that person is to be located outside of the
28state; reflexology; security and detective services, excluding
29private security and detective services furnished by a peace
30officer with the knowledge and consent of the chief executive
31officer of the peace officer’s law enforcement agency; sewage
32services for nonresidential commercial operations; sewing
33and stitching; shoe repair and shoeshine; sign construction
34and installation; storage of household goods, mini-storage,
35and warehousing of raw agricultural products; swimming pool
-23-1cleaning and maintenance; tanning beds or salons; taxidermy
2services; telephone answering service; test laboratories,
3including mobile testing laboratories and field testing by
4testing laboratories, and excluding tests on humans or animals
5and excluding environmental testing services; termite, bug,
6roach, and pest eradicators; tin and sheet metal repair;
7transportation service consisting of the rental of recreational
8vehicles or recreational boats, or the rental of vehicles
9subject to registration which are registered for a gross
10weight of thirteen tons or less for a period of sixty days or
11less, or the rental of aircraft for a period of sixty days or
12less; Turkish baths, massage, and reducing salons, excluding
13services provided by massage therapists licensed under chapter
14152C; water conditioning and softening; weighing; welding;
15well drilling; wrapping, packing, and packaging of merchandise
16other than processed meat, fish, fowl, and vegetables; wrecking
17service; wrecker and towing.
18 Sec. 80. Section 489.1101, subsection 4, Code 2017, is
19amended to read as follows:
204. “Profession” means the profession of certified public
21accountancy, architecture, chiropractic, dentistry, physical
22therapy, practice as a physician assistant, psychology,
23professional engineering, land surveying, landscape
24architecture, law, medicine and surgery, optometry, osteopathic
25medicine and surgery, accounting practitioner, podiatry, real
26estate brokerage, speech pathology, audiology, veterinary
27medicine, pharmacy, or nursing, or marital and family therapy,
28provided that the marital and family therapist is licensed
29under chapters 147 and 154D.
30 Sec. 81. Section 496C.2, subsection 4, Code 2017, is amended
31to read as follows:
324. “Profession” means the profession of certified public
33accountancy, architecture, chiropractic, dentistry, physical
34therapy, practice as a physician assistant, psychology,
35professional engineering, land surveying, landscape
-24-1architecture, law, medicine and surgery, optometry, osteopathic
2medicine and surgery, accounting practitioner, podiatry, real
3estate brokerage, speech pathology, audiology, veterinary
4medicine, pharmacy, and the practice of nursing.
5 Sec. 82. Section 514C.28, subsection 2, paragraph i, Code
62017, is amended to read as follows:
7i. “Therapeutic care” means services provided by a licensed
8 registered speech pathologist, licensed occupational therapist,
9or licensed physical therapist.
10 Sec. 83. Section 514C.28, subsection 2, paragraph j,
11subparagraph (1), Code 2017, is amended to read as follows:
12(1) Prescribed, ordered, or provided by a licensed
13physician, licensed physician assistant, licensed psychologist,
14licensed social worker, or licensed registered nurse
15practitioner.
16 Sec. 84. Section 514C.30, subsection 1, Code 2017, is
17amended to read as follows:
181. Notwithstanding the uniformity of treatment requirements
19of section 514C.6, a policy, contract, or plan providing
20for third-party payment or prepayment of health or medical
21expenses shall not impose a copayment or coinsurance amount
22on an insured for services provided by a physical therapist
23licensed pursuant to chapter 148A, by an occupational therapist
24licensed pursuant to chapter 148B, or by a speech pathologist
25licensed registered pursuant to chapter 154F that is greater
26than the copayment or coinsurance amount imposed on the insured
27for services provided by a person engaged in the practice of
28medicine and surgery or osteopathic medicine and surgery under
29chapter 148 for the same or a similar diagnosed condition even
30if a different nomenclature is used to describe the condition
31for which the services are provided.
32 Sec. 85. Section 523A.302, Code 2017, is amended to read as
33follows:
34523A.302 Identification of merchandise and service provider.
35If a burial trust fund identifies, either in the trust fund
-25-1records or in a related purchase agreement, the seller who will
2provide the cemetery merchandise, funeral merchandise, funeral
3services, or a combination thereof, the trust fund records
4or the related purchase agreements must contain a statement
5signed by an authorized representative of the seller agreeing
6to furnish the cemetery merchandise, funeral merchandise,
7funeral services, or a combination thereof upon the death of
8the beneficiary. The burial trust fund shall not identify a
9specific seller as payee unless the trust fund records or the
10related purchase agreements, if any, contain the signature
11of an authorized representative of the seller and, if the
12agreement is for mortuary science services as mortuary science
13is defined in section 156.1, the name of a funeral director
14licensed registered to deliver those services. A person
15may enter into agreements authorizing the establishment of
16more than one burial trust fund and agreeing to furnish the
17applicable merchandise and services.
18 Sec. 86. Section 523A.502, subsections 2 and 6, Code 2017,
19are amended to read as follows:
202. This chapter does not permit a person to practice
21mortuary science without a license registering pursuant to
22chapter 156. A person holding a current sales license may
23advertise, sell, promote, or offer to furnish a funeral
24director’s services as an employee or agent of a funeral
25establishment furnishing the funeral services under chapter
26156.
276. A sales agent licensed pursuant to this section shall
28satisfactorily fulfill continuing education requirements
29for the license as prescribed by the commissioner by rule.
30However, this continuing education requirement is not
31applicable to a sales agent who is also a licensed insurance
32producer under chapter 522B or a licensed funeral director
33under chapter 156.
34 Sec. 87. Section 523A.601, subsection 4, Code 2017, is
35amended to read as follows:
-26- 14. A purchase agreement shall be signed by the purchaser,
2the seller, and if the agreement is for mortuary science
3services as mortuary science is defined in section 156.1, a
4person licensed registered to deliver funeral services.
5 Sec. 88. Section 523A.813, Code 2017, is amended to read as
6follows:
7523A.813 License revocation — recommendation by commissioner
8to board of mortuary science.
9Upon a determination by the commissioner that grounds exist
10for an administrative license revocation or suspension action
11as adopted by the board of mortuary science under chapter
12156 department of public health by rule, the commissioner
13may forward to the board department the grounds for the
14determination, including all evidence in the possession of the
15commissioner, so that the board department may proceed with the
16matter as deemed appropriate.
17 Sec. 89. Section 523I.303, Code 2017, is amended to read as
18follows:
19523I.303 Access by funeral directors.
20A cemetery shall not deny access to a licensed registered
21 funeral director who is conducting funeral services or
22supervising the interment or disinterment of human remains.
23 Sec. 90. Section 546.10, subsection 1, paragraph f, Code
242017, is amended by striking the paragraph.
25 Sec. 91. Section 546.10, subsection 5, Code 2017, is amended
26to read as follows:
275. Fees collected under chapters 542, 542B, 543B, 544A,
28and 544B, and 544C shall be paid to the treasurer of state
29and credited to the general fund of the state. All expenses
30required in the discharge of the duties and responsibilities
31imposed upon the professional licensing and regulation bureau
32of the banking division of the department of commerce, the
33administrator, and the licensing boards by the laws of this
34state shall be paid from moneys appropriated by the general
35assembly for those purposes. All fees deposited into the
-27-1general fund of the state, as provided in this subsection,
2shall be subject to the requirements of section 8.60.
3 Sec. 92. Section 622.10, subsection 7, Code 2017, is amended
4to read as follows:
57. For the purposes of this section, “mental health
6professional” means a psychologist licensed under chapter 154B,
7a registered nurse licensed under chapter 152, a social worker
8licensed registered under chapter 154C, a marital and family
9therapist licensed registered under chapter 154D, a mental
10health counselor licensed registered under chapter 154D, or
11an individual holding at least a master’s degree in a related
12field as deemed appropriate by the board of behavioral science
13 department of public health.
14 Sec. 93. Section 714.18, subsection 2, unnumbered paragraph
151, Code 2017, is amended to read as follows:
16A school licensed under the provisions of section 157.8 or
17158.7 shall file with the college student aid commission the
18following:
19 Sec. 94. Section 714.25, subsection 2, unnumbered paragraph
201, Code 2017, is amended to read as follows:
21A proprietary school shall, prior to the time a student is
22obligated for payment of any moneys, inform the student, the
23college student aid commission, and in the case of a school
24licensed under section 157.8, the board of cosmetology arts
25and sciences or in the case of a school licensed under section
26158.7, the board of barbering, of all of the following:
27 Sec. 95. Section 714H.4, subsection 1, paragraph a,
28subparagraph (4), Code 2017, is amended to read as follows:
29(4) Persons or facilities licensed, certified, or
30registered under chapters 135B, 135C, 135J, 148, 148A, 148B,
31148C, 149, 151, 152, 152A, 152B, 153, 154, 154B, 154C, 154D,
32155A, 156, 169, 522B, 542, 542B, 543B, 544A, or 544B.
33 Sec. 96. Section 915.82, subsection 1, paragraph a,
34subparagraph (7), Code 2017, is amended to read as follows:
35(7) A person licensed or registered pursuant to chapter 154B
-28-1or 154C.
2 Sec. 97. REPEAL. Chapters 148F, 148G, 152B, 152C, 152D,
3154A, 158, and 544C, Code 2017, are repealed.
4 Sec. 98. REPEAL. Sections 154C.2, 154C.3, 154C.4, 154C.5,
5154C.6, 154D.2, 154D.3, 154D.5, 154D.7, 154F.3, 154F.4, 154F.5,
6154F.6, 156.3, 156.8, 156.8A, 156.9, 156.14, 156.15, 156.16,
7216E.7, and 272C.2B, Code 2017, are repealed.
8 Sec. 99. TRANSITION PROVISIONS.
91. Any rule, regulation, form, order, or directive
10promulgated by the board of dietetics, behavioral science,
11social work, or mortuary science as required to administer and
12enforce the provisions of chapters 152A, 154C, 154D, and 156,
13Code 2017, in effect on the effective date of this division
14of this Act shall continue in full force and effect until
15amended, repealed, or supplemented by affirmative action of the
16department of public health.
172. Any moneys remaining in any account or fund under the
18control of the board of dietetics, the board of behavioral
19science, the board of social work, or the board of mortuary
20science on the effective date of this division of this Act
21and relating to the provisions of this division of this Act
22shall be transferred to a comparable fund or account under the
23control of the department of public health for such purposes.
24Notwithstanding section 8.33, the moneys transferred in
25accordance with this subsection shall not revert to the account
26or fund from which appropriated or transferred.
273. The board of dietetics, the board of behavioral science,
28the board of social work, and the board of mortuary science
29shall assist the department of public health in implementing
30this division of this Act by providing for an effective
31transition of powers and duties from the respective board to
32the department under chapters 152A, 154C, 154D, and 156 and
33related administrative rules. Such assistance shall include
34but is not limited to assisting in cooperating with federal
35agencies.
-29- 14. Any replacement of signs, logos, stationery, insignia,
2uniforms, and related items that is made due to the effect of
3this division of this Act shall be done as part of the normal
4replacement cycle for such items.
55. A person licensed by the board of dietetics, behavioral
6science, social work, or mortuary science on the effective date
7of this division of this Act shall immediately be registered to
8practice the person’s profession by the department of public
9health in accordance with this division of this Act.
106. An administrative hearing or court proceeding arising
11out of an enforcement action under chapter 152A, 154C, 154D, or
12156 or related administrative rules pending on the effective
13date of this division of this Act shall not be affected by
14this division of this Act. Any cause of action or statute
15of limitation relating to an action taken by the board of
16dietetics, the board of behavioral science, the board of social
17work, or the board of mortuary science shall not be affected by
18this division of this Act and such cause of action or statute
19of limitation shall apply to the department of public health.
207. Any moneys remaining in any account or fund under the
21control of the board of respiratory care and polysomnography,
22the board of massage therapy, the board of hearing aid
23specialists, the board of barbering, or the interior design
24examining board on the effective date of this division of this
25Act and relating to the provisions of this division of this Act
26shall be transferred to the general fund.
278. An administrative hearing or court proceeding arising
28out of an enforcement action under chapter 148F, 148G, 152B,
29152C, 154A, or 158 or related administrative rules pending on
30the effective date of this division of this Act shall not be
31affected by this division of this Act. Any cause of action or
32statute of limitation relating to an action taken by the board
33of respiratory care and polysomnography, the board of massage
34therapy, the board of hearing aid specialists, the board of
35barbering, or the interior design examining board shall not be
-30-1affected by this division of this Act.
29. Any rule, regulation, form, order, or directive
3promulgated by the board of athletic training as required to
4administer and enforce the provisions of chapter 152D, Code
52017, shall continue in full force and effect until amended,
6repealed, or supplemented by affirmative action of the board of
7educational examiners.
810. Any moneys remaining in any account or fund under the
9control of the board of athletic training on the effective date
10of this division of this Act and relating to the provisions of
11this division of this Act shall be transferred to a comparable
12fund or account under the control of the board of educational
13examiners for such purposes. Notwithstanding section 8.33, the
14moneys transferred in accordance with this subsection shall
15not revert to the account or fund from which appropriated or
16transferred.
1711. The board of athletic training shall assist the board
18of educational examiners in implementing this division of
19this Act by providing for an effective transition of powers
20and duties between the boards under chapter 152D and related
21administrative rules. Such assistance shall include but is not
22limited to assisting in cooperating with federal agencies.
2312. A person licensed by the board of athletic training
24on the effective date of this division of this Act shall
25immediately be registered to practice the person’s profession
26by the board of educational examiners in accordance with this
27division of this Act.
2813. An administrative hearing or court proceeding arising
29out of an enforcement action under chapter 152D or related
30administrative rules pending on the effective date of this
31division of this Act shall not be affected by this division
32of this Act. Any cause of action or statute of limitation
33relating to an action taken by the board of athletic training
34shall not be affected by this division of this Act and such
35cause of action or statute of limitation shall apply to the
-31-1board of educational examiners.
214. Any rule, regulation, form, order, or directive
3promulgated by the board of speech pathology and audiology as
4required to administer and enforce the provisions of chapter
5154F, Code 2017, shall continue in full force and effect until
6amended, repealed, or supplemented by affirmative action of the
7board of medicine.
815. Any moneys remaining in any account or fund under the
9control of the board of speech pathology and audiology on the
10effective date of this division of this Act and relating to the
11provisions of this division of this Act shall be transferred
12to a comparable fund or account under the control of the board
13of medicine for such purposes. Notwithstanding section 8.33,
14the moneys transferred in accordance with this subsection shall
15not revert to the account or fund from which appropriated or
16transferred.
1716. The board of speech pathology and audiology shall
18assist the board of medicine in implementing this division of
19this Act by providing for an effective transition of powers
20and duties between the boards under chapter 154F and related
21administrative rules. Such assistance shall include but is not
22limited to assisting in cooperating with federal agencies.
2317. A person licensed by the board of speech pathology
24and audiology on the effective date of this division of this
25Act shall immediately be registered to practice the person’s
26profession by the board of medicine in accordance with this
27division of this Act.
2818. An administrative hearing or court proceeding arising
29out of an enforcement action under chapter 152F or related
30administrative rules pending on the effective date of this
31division of this Act shall not be affected by this division
32of this Act. Any cause of action or statute of limitation
33relating to an action taken by the board of speech pathology
34and audiology shall not be affected by this division of this
35Act and such cause of action or statute of limitation shall
-32-1apply to the board of medicine.
2DIVISION III
3REPEAL OF STATE ADVISORY BOARD FOR PRESERVES
4 Sec. 100. Section 455A.8, subsections 1 and 2, Code 2017,
5are amended to read as follows:
61. a. The Brushy creek recreation trails advisory board
7shall be organized within the department and shall be composed
8of nine eight voting members and one ex officio nonvoting
9member as follows:
10(1) The director of the department or the director’s
11designee who shall serve as the nonvoting ex officio member.
12(2) The park employee who is primarily responsible for
13maintenance of the Brushy creek recreation area.
14(3) A member of the state advisory board for preserves
15established under chapter 465C.
16(4) Seven persons appointed by the natural resource
17commission.
18b. The director shall provide the natural resource
19commission with nominations of prospective board members.
20Each person appointed by the natural resource commission must
21actively participate in recreational trail activities such
22as hiking, bicycling, an equestrian sport, or a winter sport
23at the Brushy creek recreation area. The nine eight voting
24members shall elect a chairperson at the board’s first meeting
25each year.
262. Each voting member of the board shall serve for terms
27of three years, and shall be eligible for reappointment. A
28vacancy on the board shall be filled for the remainder of the
29original term. However, a vacancy in the membership slot
30designated for the park employee shall be filled by the park
31employee’s successor, and the person representing the state
32advisory board for preserves shall serve at the pleasure of the
33board. The department shall reimburse each member, other than
34the director or the director’s designee and the park employee,
35for actual expenses incurred by the member in performance
-33-1of the duties of the board. A majority of voting members
2constitutes a quorum, and the affirmative vote of a majority
3present is necessary for any action taken by the board, except
4that a lesser number may adjourn a meeting. A vacancy in the
5membership of the board does not impair the rights of a quorum
6to exercise all rights and perform all duties of the board.
7The board shall meet as required, but at least twice a year.
8The board shall meet upon call of the chairperson, or upon
9written request of three members of the board. Written notice
10of the time and place of the meeting shall be given to each
11member.
12 Sec. 101. Section 461A.42, subsection 1, paragraph a, Code
132017, is amended to read as follows:
14a. A firearm or other weapon authorized for hunting may be
15used in preserves or parts of preserves designated by the state
16advisory board on preserves at the request of the commission.
17 Sec. 102. Section 465C.1, subsection 2, Code 2017, is
18amended by striking the subsection.
19 Sec. 103. Section 465C.1, subsection 4, Code 2017, is
20amended to read as follows:
214. “Dedication” means the allocation of an area as a
22preserve by a public agency or by a private owner by written
23stipulation in a form approved by the state advisory board for
24preserves commission.
25 Sec. 104. Section 465C.9, Code 2017, is amended to read as
26follows:
27465C.9 Articles of dedication.
281. The public agency or private owner shall complete
29articles of dedication on forms approved by the board
30 commission. When the articles of dedication have been approved
31by the governor, the board commission shall record them with
32the county recorder for the county or counties in which the
33area is located.
342. The articles of dedication may contain restrictions
35on development, sale, transfer, method of management, public
-34-1access, and commercial or other use, and may contain such other
2provisions as may be necessary to further the purposes of this
3chapter. They may define the respective jurisdictions of the
4owner or operating agency and the board commission. They may
5provide procedures to be applied in case of violation of the
6dedication. They may recognize reversionary rights. They may
7vary in provisions from one preserve to another in accordance
8with differences in relative conditions.
9 Sec. 105. Section 465C.10, Code 2017, is amended to read as
10follows:
11465C.10 When dedicated as a preserve.
12An area shall become a preserve when it has been approved by
13the board commission for dedication as a preserve, whether in
14public or private ownership, formally dedicated as a preserve
15within the system by a public agency or private owner and
16designated by the governor as a preserve.
17 Sec. 106. Section 465C.11, Code 2017, is amended to read as
18follows:
19465C.11 Area held in trust.
201. An area designated as a preserve within the system is
21hereby declared put to its highest, best, and most important
22use for public benefit. It shall be held in trust and shall not
23be alienated except to another public use upon a finding by the
24board commission of imperative and unavoidable public necessity
25and with the approval of the commission, the general assembly
26by concurrent resolution, and the governor. The board’s
27 commission’s interest or interests in any area designated as a
28preserve shall not be taken under the condemnation statutes of
29this state without such a finding of imperative and unavoidable
30public necessity by the board commission, and with the
31consent of the commission, the general assembly by concurrent
32resolution, and the governor.
332. The board commission, with the approval of the governor,
34may enter into amendments to any articles of dedication upon
35its finding that such amendment will not permit an impairment,
-35-1disturbance, or development of the area inconsistent with the
2purposes of this chapter.
33. Before the board commission shall make a finding of
4imperative and unavoidable public necessity, or shall enter
5into any amendment to articles of dedication, it shall provide
6notice of such proposal and opportunity for any person to be
7heard. Such notice shall be published at least once in a
8newspaper with a general circulation in the county or counties
9wherein the area directly affected is situated, and mailed
10within ten days of such published notice to all persons who
11have requested notice of all such proposed actions. Each
12notice shall set forth the substance of the proposed action and
13describe, with or without legal description, the area affected,
14and shall set forth a place and time not less than sixty days
15thence for all persons desiring to be heard to have reasonable
16opportunity to be heard prior to the finding of the board
17 commission.
18 Sec. 107. REPEAL. Sections 465C.2, 465C.3, 465C.4, 465C.5,
19465C.6, 465C.7, and 465C.8, Code 2017, are repealed.
20 Sec. 108. TRANSITION PROVISIONS.
211. Any rule, regulation, form, order, or directive
22promulgated by the state advisory board for preserves as
23required to administer and enforce the provisions of chapter
24465C, Code 2017, shall continue in full force and effect until
25amended, repealed, or supplemented by affirmative action of the
26natural resource commission.
272. Any moneys remaining in any account or fund under the
28control of the state advisory board for preserves on the
29effective date of this division of this Act and relating
30to the provisions of this division of this Act shall be
31transferred to a comparable fund or account under the control
32of the department of natural resources for such purposes.
33Notwithstanding section 8.33, the moneys transferred in
34accordance with this subsection shall not revert to the account
35or fund from which appropriated or transferred.
-36-1DIVISION IV
2MERGING ELECTRICAL EXAMINING BOARD AND PLUMBING AND MECHANICAL
3SYSTEMS BOARD — ADVISORY COUNCIL
4 Sec. 109. Section 100C.10, subsection 3, Code 2017, is
5amended to read as follows:
63. The state fire marshal, or the state fire marshal’s
7designee, and the chairperson of the electrical examining
8board, plumbing, and mechanical systems advisory council
9 created in section 103.2 shall be nonvoting ex officio members
10of the board.
11 Sec. 110. Section 103.1, subsections 1, 2, 3, 4, 7, 10, 17,
12and 18, Code 2017, are amended to read as follows:
131. “Apprentice electrician” means any person who, as such
14person’s principal occupation, is engaged in learning and
15assisting in the installation, alteration, and repair of
16electrical wiring, apparatus, and equipment as an employee of
17a person licensed under this chapter, and who is licensed by
18the board department and is progressing toward completion of
19an apprenticeship training program registered by the office
20of apprenticeship of the United States department of labor.
21For purposes of this chapter, persons who are not engaged in
22the installation, alteration, or repair of electrical wiring,
23apparatus, and equipment, either inside or outside buildings,
24shall not be considered apprentice electricians.
252. “Board” “Council” means the electrical examining board,
26plumbing, and mechanical systems advisory council created under
27section 103.2.
283. “Class A journeyman electrician” means a person
29having the necessary qualifications, training, experience,
30and technical knowledge to wire for or install electrical
31wiring, apparatus, and equipment and to supervise apprentice
32electricians and who is licensed by the board department.
334. “Class A master electrician” means a person having the
34necessary qualifications, training, experience, and technical
35knowledge to properly plan, lay out, and supervise the
-37-1installation of electrical wiring, apparatus, and equipment for
2light, heat, power, and other purposes and who is licensed by
3the board department.
47. “Electrical contractor” means a person affiliated with
5an electrical contracting firm or business who is, or who
6employs a person who is, licensed by the board department as
7either a class A or class B master electrician and who is also
8registered with the state of Iowa as a contractor pursuant to
9chapter 91C.
1010. “Inspector” means a person certified as an electrical
11inspector upon such reasonable conditions as may be adopted by
12the board department. The board department may permit more
13than one class of electrical inspector.
1417. “Special electrician” means a person having the
15necessary qualifications, training, and experience in wiring
16or installing special classes of electrical wiring, apparatus,
17equipment, or installations which shall include irrigation
18system wiring, disconnecting and reconnecting of existing air
19conditioning and refrigeration, and sign installation and who
20is licensed by the board department.
2118. “Unclassified person” means any person, other than an
22apprentice electrician or other person licensed under this
23chapter, who, as such person’s principal occupation, is engaged
24in learning and assisting in the installation, alteration, and
25repair of electrical wiring, apparatus, and equipment as an
26employee of a person licensed under this chapter, and who is
27licensed by the board department as an unclassified person.
28For purposes of this chapter, persons who are not engaged in
29the installation, alteration, or repair of electrical wiring,
30apparatus, and equipment, either inside or outside buildings,
31shall not be considered unclassified persons.
32 Sec. 111. Section 103.1, Code 2017, is amended by adding the
33following new subsection:
34 NEW SUBSECTION. 6A. “Department” means the department of
35public safety created under chapter 80.
-38-1 Sec. 112. Section 103.2, Code 2017, is amended to read as
2follows:
3103.2 Electrical examining board, plumbing, and mechanical
4systems advisory council created.
51. An electrical examining board, plumbing, and mechanical
6systems advisory council is created within the division of
7state fire marshal of the department of public safety. The
8board council shall consist of eleven ten voting members
9appointed by the governor and subject to senate confirmation
10 department, all of whom shall be residents of this state.
112. The members shall be as follows:
12a. Two Four members shall be journeyman electricians,
13one a member of an electrical workers union covered under a
14collective bargaining agreement and one not a member of a union
15 electricians licensed by the department.
16b. Two Four members shall be master electricians or
17electrical contractors, one of whom is a contractor signed to a
18collective bargaining agreement or a master electrician covered
19under a collective bargaining agreement and one of whom is a
20contractor not signed to a collective bargaining agreement or
21a master electrician who is not a member of a union plumbers
22licensed by the department under chapter 105.
23c. One member shall be an electrical inspector.
24d. Two members, one a union member covered under a
25collective bargaining agreement and one who is not a member
26of a union, each of whom shall not be a member of any of the
27groups described in paragraphs “a” through “c”, and shall not
28licensed as an electrician or a plumber and who shall represent
29the general public.
30e. One member shall be the state fire marshal or a
31representative of the state fire marshal’s office.
32f. One member shall be a local building official employed
33by a political subdivision to perform electrical inspections
34for that political subdivision.
35g. One member shall represent a public utility.
-39- 1h. One member shall be an engineer licensed pursuant to
2chapter 542B with a background in electrical engineering.
33. The public members of the board shall be allowed to
4participate in administrative, clerical, or ministerial
5functions incident to giving a licensure examination, but shall
6not determine the content of the examination or determine the
7correctness of the answers. Professional associations or
8societies composed of licensed electricians may recommend to
9the governor department the names of potential board council
10 members whose profession is representative of that association
11or society. However, the governor department is not bound
12by the recommendations. A board council member shall not
13be required to be a member of any professional electrician
14association or society.
15 Sec. 113. Section 103.3, subsections 1 and 2, Code 2017, are
16amended to read as follows:
171. Appointments to the board, other than the state fire
18marshal or a representative of the state fire marshal’s office,
19 council shall be for three-year staggered terms and shall
20commence and end as provided by section 69.19. The most
21recently appointed state fire marshal, or a representative of
22the state fire marshal’s office, shall be appointed to the
23board on an ongoing basis. Vacancies shall be filled for the
24unexpired term by appointment of the governor and shall be
25subject to senate confirmation. Members shall serve no more
26than three terms or nine years, whichever is least.
272. Members of the board council are entitled to receive
28all actual expenses incurred in the discharge of their duties
29within the limits of funds appropriated to the board. Each
30member of the board may also be eligible to receive council but
31shall serve without compensation as provided in section 7E.6.
32 Sec. 114. Section 103.3, subsection 3, Code 2017, is amended
33by striking the subsection.
34 Sec. 115. Section 103.4, Code 2017, is amended to read as
35follows:
-40- 1103.4 Organization of the board council.
2The board council shall elect annually from its members a
3chairperson and a vice chairperson, and shall hire and provide
4staff to assist the board in administering this chapter. An
5executive secretary designated by the board council shall
6report to the state fire marshal for purposes of routine
7board council administrative functions, and shall report
8directly to the board for purposes of execution of board policy
9such as application of licensing criteria and processing of
10applications. The board council shall hold at least one
11meeting quarterly at the location of the board’s department’s
12 principal office, and meetings shall be called at other times
13by the chairperson or four members of the board council.
14At any meeting of the board council, a majority of members
15constitutes a quorum.
16 Sec. 116. Section 103.6, Code 2017, is amended to read as
17follows:
18103.6 Powers and duties.
191. The board department shall:
20a. Adopt rules pursuant to chapter 17A and in doing so
21shall be governed by the minimum standards set forth in the
22most current publication of the national electrical code issued
23and adopted by the national fire protection association, and
24amendments to the code, which code and amendments shall be
25filed in the offices of the state law library and the board
26 department and shall be a public record. The board department
27 shall adopt rules reflecting updates to the code and amendments
28to the code. The board department shall promulgate and adopt
29rules establishing wiring standards that protect public safety
30and health and property and that apply to all electrical wiring
31which is installed subject to this chapter.
32b. Revoke, suspend, or refuse to renew any license granted
33pursuant to this chapter when the licensee does any of the
34following:
35(1) Fails or refuses to pay any examination, license, or
-41-1renewal fee required by law.
2(2) Is an electrical contractor and fails or refuses to
3provide and keep in force a public liability insurance policy
4and surety bond as required by the board department.
5(3) Violates any political subdivision’s inspection
6ordinances.
7c. Adopt rules for continuing education requirements for
8each classification of licensure established pursuant to this
9chapter, and adopt all rules, not inconsistent with the law,
10necessary for the proper performance of the duties of the board
11 department.
12d. Provide for the amount and collection of fees for
13inspection and other services.
14e. Adopt all rules necessary to carry out the licensing and
15other provisions of chapter 105.
162. The board department may, in its discretion, revoke,
17suspend, or refuse to renew any license granted pursuant to
18this chapter when the licensee violates any provision of the
19national electrical code as adopted pursuant to subsection 1,
20this chapter, or any rule adopted pursuant to this chapter.
213. The department shall seek input as needed from the
22council to address the duties of the department as set forth in
23this section.
24 Sec. 117. Section 103.7, Code 2017, is amended to read as
25follows:
26103.7 Electrician and installer licensing and inspection
27fund.
28An electrician and installer licensing and inspection fund
29is created in the state treasury as a separate fund under the
30control of the board department. All licensing, examination,
31renewal, and inspection fees shall be deposited into the fund
32and retained by and for the use of the board department in
33administering this chapter and chapter 105. Expenditures
34from the fund shall be approved by the sole authority of the
35board department in consultation with the state fire marshal.
-42-1Amounts deposited into the fund shall be considered repayment
2receipts as defined in section 8.2. Notwithstanding section
38.33, any balance in the fund on June 30 of each fiscal year
4shall not revert to the general fund of the state, but shall
5remain available for the purposes of this chapter in subsequent
6fiscal years. Notwithstanding section 12C.7, subsection 2,
7interest or earnings on moneys deposited in the fund shall be
8credited to the fund.
9 Sec. 118. Section 103.8, subsection 2, Code 2017, is amended
10to read as follows:
112. Except as provided in sections 103.13 and 103.14, no
12person shall, for another, plan, lay out, or supervise the
13installation of wiring, apparatus, or equipment for electrical
14light, heat, power, and other purposes unless the person is
15licensed by the board department as an electrical contractor, a
16class A master electrician, or a class B master electrician.
17 Sec. 119. Section 103.10, Code 2017, is amended to read as
18follows:
19103.10 Class A master electrician license — qualifications
20— class B master electrician license.
211. An applicant for a class A master electrician license
22shall have at least one year’s experience, acceptable to the
23board department, as a licensed class A or class B journeyman
24electrician.
252. In addition, an applicant shall meet examination
26criteria based upon the most recent national electrical code
27adopted pursuant to section 103.6 and upon electrical theory,
28as determined by the board department.
293. a. An applicant who can provide proof acceptable to
30the board department that the applicant has been working in
31the electrical business and involved in planning for, laying
32out, supervising, and installing electrical wiring, apparatus,
33or equipment for light, heat, and power since January 1, 1998,
34and for a total of at least sixteen thousand hours, of which at
35least eight thousand hours shall have been accumulated since
-43-1January 1, 1998, may be granted a class B master electrician
2license without taking an examination. An applicant who is
3issued a class B master electrician license pursuant to this
4section shall not be authorized to plan, lay out, or supervise
5the installation of electrical wiring, apparatus, and equipment
6in a political subdivision which, prior to or after January 1,
72008, establishes licensing standards which preclude such work
8by class B master electricians in the political subdivision.
9The board department shall adopt rules establishing procedures
10relating to the restriction of a class B master electrician
11license pursuant to this subsection.
12b. A class B master electrician may become licensed as
13a class A master electrician upon successful passage of the
14examination prescribed in subsection 2.
154. A person licensed to plan, lay out, or supervise the
16installation of electrical wiring, apparatus, or equipment for
17light, heat, power, and other purposes and supervise apprentice
18electricians by a political subdivision preceding January 1,
192008, pursuant to a supervised written examination, and who
20is currently engaged in the electrical contracting industry,
21shall be issued an applicable statewide license corresponding
22to that licensure as a class A master electrician or electrical
23contractor. The board department shall adopt by rule certain
24criteria for city examination standards satisfactory to fulfill
25this requirement.
265. The board department may reject an application for
27licensure under this section from an applicant who would be
28subject to suspension, revocation, or reprimand pursuant to
29section 103.35.
30 Sec. 120. Section 103.10A, Code 2017, is amended to read as
31follows:
32103.10A Inactive master electrician license.
33The board department may by rule create an inactive
34master electrician license and establish a fee for such a
35license. An applicant for an inactive master electrician
-44-1license shall, at a minimum, meet the requirements of this
2chapter and requirements established by the board department
3 by rule for licensure as a class A master electrician or a
4class B master electrician. A person licensed as an inactive
5master electrician shall not be authorized to act as a master
6electrician, but shall be authorized to apply for a class A
7master electrician license or a class B master electrician
8license at a future date subject to conditions and under
9procedures established by the board department by rule. The
10conditions and procedures shall include but not be limited
11to completion of the required number of contact hours of
12continuing education courses specified in section 103.18, and
13paying the applicable license fee specified in section 103.19
14for a class A master electrician license or class B master
15electrician license.
16 Sec. 121. Section 103.11, Code 2017, is amended to read as
17follows:
18103.11 Wiring or installing — supervising apprentices —
19license required — qualifications.
20Except as provided in section 103.13, no person shall, for
21another, wire for or install electrical wiring, apparatus,
22or equipment, or supervise an apprentice electrician or
23unclassified person, unless the person is licensed by the
24board department as an electrical contractor, a class A master
25electrician, or a class B master electrician, or is licensed
26as a class A journeyman electrician or a class B journeyman
27electrician and is employed by an electrical contractor or is
28working under the supervision of a class A master electrician
29or a class B master electrician.
30 Sec. 122. Section 103.12, Code 2017, is amended to read as
31follows:
32103.12 Class A journeyman electrician license qualifications
33— class B journeyman electrician license.
341. An applicant for a class A journeyman electrician
35license shall have successfully completed an apprenticeship
-45-1training program registered by the office of apprenticeship
2of the United States department of labor in accordance with
3the standards established by that department or shall have
4received training or experience for a period of time and under
5conditions as established by the board department by rule.
62. In addition, an applicant shall meet examination
7criteria based upon the most recent national electrical code
8adopted pursuant to section 103.6 and upon electrical theory,
9as determined by the board department.
103. a. An applicant who can provide proof acceptable to
11the board department that the applicant has been employed as a
12journeyman electrician since January 1, 1998, and for a total
13of at least sixteen thousand hours, of which at least eight
14thousand hours shall have been accumulated since January 1,
151998, may be granted a class B journeyman electrician license
16without taking an examination. An applicant who is issued a
17class B journeyman electrician license pursuant to this section
18shall not be authorized to wire for or install electrical
19wiring, apparatus, and equipment in a political subdivision
20which, prior to or after January 1, 2008, establishes licensing
21standards which preclude such work by class B journeyman
22electricians in the political subdivision. The board
23 department shall adopt rules establishing procedures relating
24to the restriction of a class B journeyman electrician license
25pursuant to this subsection.
26b. A class B journeyman electrician may become licensed as
27a class A journeyman electrician upon successful passage of the
28examination prescribed in subsection 2.
294. A person licensed to wire for or install electrical
30wiring, apparatus, or equipment or supervise an apprentice
31electrician by a political subdivision preceding January 1,
322008, pursuant to a supervised written examination, and who is
33currently engaged in the electrical contracting industry with
34at least four years’ experience, shall be issued an applicable
35statewide license corresponding to that licensure as a class
-46-1A journeyman electrician or a class B journeyman electrician.
2The board department shall adopt by rule certain criteria
3for city examination standards satisfactory to fulfill this
4requirement.
55. The board department may reject an application for
6licensure under this section from an applicant who would be
7subject to suspension, revocation, or reprimand pursuant to
8section 103.35.
9 Sec. 123. Section 103.12A, Code 2017, is amended to read as
10follows:
11103.12A Residential electrician and residential master
12electrician license — qualifications.
131. The board department may by rule provide for the issuance
14of a residential electrician license, and may by rule provide
15for the issuance of a residential master electrician license.
16a. A residential electrician license or residential master
17electrician license, if established by the board department,
18shall be issued to applicants who meet qualifications
19determined by the board department, and shall be valid
20for the performance of residential installations, subject
21to limitations or restrictions established by the board
22 department.
23b. A person who, on or after July 1, 2009, holds a special
24electrician license authorizing residential electrical
25installation, granted pursuant to section 103.13, shall be
26eligible for conversion of that special license to either
27a residential electrician license or a residential master
28electrician license, if established by the board department, in
29accordance with requirements and procedures established by the
30board department.
312. A person licensed by the board department as a class A
32journeyman electrician or a class B journeyman electrician,
33or as a class A master electrician or a class B master
34electrician, shall not be required to hold a residential
35electrician or residential master electrician license to
-47-1perform any type of residential installation authorized for a
2person licensed pursuant to this section.
33. The board department may reject an application for
4licensure under this section from an applicant who would be
5subject to suspension, revocation, or reprimand pursuant to
6section 103.35.
7 Sec. 124. Section 103.13, subsections 1 and 3, Code 2017,
8are amended to read as follows:
91. The board department shall by rule provide for the
10issuance of special electrician licenses authorizing the
11licensee to engage in a limited class or classes of electrical
12work, which class or classes shall be specified on the license.
13Each licensee shall have experience, acceptable to the board
14 department, in each such limited class of work for which the
15person is licensed.
163. The board department may reject an application for
17licensure under this section from an applicant who would be
18subject to suspension, revocation, or reprimand pursuant to
19section 103.35.
20 Sec. 125. Section 103.15, subsections 1, 2, 3, and 6, Code
212017, are amended to read as follows:
221. A person shall be licensed by the board department and
23pay a licensing fee to work as an apprentice electrician while
24participating in an apprenticeship training program registered
25by the office of apprenticeship of the United States department
26of labor in accordance with the standards established by
27that department. An apprenticeship shall be limited to six
28years from the date of licensure, unless extended by the
29board department upon a finding that a hardship existed which
30prevented completion of the apprenticeship program. Such
31licensure shall entitle the licensee to act as an apprentice to
32an electrical contractor, a class A master electrician, a class
33B master electrician, a class A journeyman electrician, or a
34class B journeyman electrician as provided in subsection 3.
352. a. A person shall be licensed as an unclassified
-48-1person by the board department to perform electrical work if
2the work is performed under the personal supervision of a
3person actually licensed to perform such work and the licensed
4and unclassified persons are employed by the same employer.
5A person shall not be employed continuously for more than
6one hundred days as an unclassified person without having
7obtained a current license from the board department. For the
8purposes of determining whether a person has been “employed
9continuously” for more than one hundred days under this
10subsection, employment shall include any days not worked due to
11illness, holidays, weekend days, and other absences that do not
12constitute separation from or termination of employment. Any
13period of employment as a nonlicensed unclassified person shall
14not be credited to any applicable experiential requirement of
15an apprenticeship training program registered by the office of
16apprenticeship of the United States department of labor.
17b. Licensed persons shall not permit unclassified
18persons to perform electrical work except under the personal
19supervision of a person actually licensed to perform such
20work. Unclassified persons shall not supervise the performance
21of electrical work or make assignments of electrical work
22to unclassified persons. Any person employing unclassified
23persons performing electrical work shall maintain records
24establishing compliance with this section, which shall
25designate all unclassified persons performing electrical work.
263. Apprentice electricians and unclassified persons shall
27do no electrical wiring except under the direct personal
28on-the-job supervision and control and in the immediate
29presence of a licensee as specified in section 103.11. Such
30supervision shall include both on-the-job training and related
31classroom training as approved by the board department. The
32licensee may employ or supervise apprentice electricians and
33unclassified persons at a ratio not to exceed three apprentice
34electricians and unclassified persons to one licensee, except
35that such ratio and the other requirements of this section
-49-1shall not apply to apprenticeship classroom training.
26. The board department may reject an application for
3licensure under this section from an applicant who would be
4subject to suspension, revocation, or reprimand pursuant to
5section 103.35.
6 Sec. 126. Section 103.16, Code 2017, is amended to read as
7follows:
8103.16 License examinations.
91. Examinations for licensure shall be offered as often
10as deemed necessary by the board department, but no less
11than one time per quarter. The scope of the examinations
12and the methods of procedure shall be prescribed by the
13board department. The examinations given by the board
14 department shall be the Experior assessment examination, or
15a successor examination approved by the board department,
16or an examination prepared by a third-party testing service
17which is substantially equivalent to the Experior assessment
18examination, or a successor examination approved by the board
19 department.
202. An examination may be given by representatives of the
21board department. As soon as practicable after the close of
22each examination, a report shall be filed in the office of
23the secretary of with the board by the board department. The
24report shall show the action of the board department upon
25each application and the secretary of the board department
26 shall notify each applicant of the result of the applicant’s
27examination. Applicants who fail the examination once shall
28be allowed to take the examination at the next scheduled
29time. Thereafter, the applicant shall be allowed to take
30the examination at the discretion of the board department.
31An applicant who has failed the examination may request, in
32writing, information from the board department concerning the
33applicant’s examination grade and subject areas or questions
34which the applicant failed to answer correctly, except that
35if the board department administers a uniform, standardized
-50-1examination, the board department shall only be required to
2provide the examination grade and such other information
3concerning the applicant’s examination results which are
4available to the board department.
5 Sec. 127. Section 103.17, subsection 1, unnumbered
6paragraph 1, Code 2017, is amended to read as follows:
7A member of the board department shall not disclose
8information relating to the following:
9 Sec. 128. Section 103.17, subsection 2, Code 2017, is
10amended to read as follows:
112. A member of the board department who willfully
12communicates or seeks to communicate such information, and any
13person who willfully requests, obtains, or seeks to obtain such
14information, is guilty of a simple misdemeanor.
15 Sec. 129. Section 103.18, Code 2017, is amended to read as
16follows:
17103.18 License renewal — continuing education.
18In order to renew a class A master electrician, class B
19master electrician, class A journeyman electrician, or class
20B journeyman electrician license issued pursuant to this
21chapter, the licensee shall be required to complete eighteen
22contact hours of continuing education courses approved by the
23board department during the three-year period for which a
24license is granted. The contact hours shall include a minimum
25of six contact hours studying the national electrical code
26described in section 103.6, and the remaining contact hours may
27include study of electrical circuit theory, blueprint reading,
28transformer and motor theory, electrical circuits and devices,
29control systems, programmable controllers, and microcomputers
30or any other study of electrical-related material that is
31approved by the board department. Any additional hours
32studying the national electrical code shall be acceptable. For
33purposes of this section, “contact hour” means fifty minutes of
34classroom attendance at an approved course under a qualified
35instructor approved by the board department.
-51-1 Sec. 130. Section 103.19, subsection 1, unnumbered
2paragraph 1, Code 2017, is amended to read as follows:
3Licenses issued pursuant to this chapter shall expire every
4three years, with the exception of licenses for apprentice
5electricians and unclassified persons, which shall expire on
6an annual basis. All license applications shall include the
7applicant’s social security number, which shall be maintained
8as a confidential record and shall be redacted prior to public
9release of an application or other record containing such
10social security number. The board department shall establish
11the fees to be payable for license issuance and renewal in
12amounts not to exceed the following:
13 Sec. 131. Section 103.19, subsection 3, Code 2017, is
14amended to read as follows:
153. If the board department determines that all licenses
16shall expire on the same date every three years for licenses
17specified in subsection 1, paragraph “a”, the license fees shall
18be prorated by month. The board department shall determine an
19individual’s license fee based on the number of months that the
20individual’s license will be in effect after being issued and
21prior to expiration.
22 Sec. 132. Section 103.20, Code 2017, is amended to read as
23follows:
24103.20 Licensee status — employment — death.
251. Individuals performing electrical work in a capacity
26for which licensure is required pursuant to this chapter shall
27be employed by the authority or company obtaining a permit for
28the performance of such work, and shall possess a valid license
29issued by the board department.
302. Upon the death of an electrical contractor, a class A
31master electrician, or a class B master electrician, the board
32 department may permit a representative to carry on the business
33of the decedent for a period not to exceed six months for
34the purpose of completing work under contract to comply with
35this chapter. Such representative shall furnish all public
-52-1liability and property damage insurance required by the board
2 department.
3 Sec. 133. Section 103.21, Code 2017, is amended to read as
4follows:
5103.21 Licenses without examination — reciprocity with other
6states.
7To the extent that any other state which provides for the
8licensing of electricians provides for similar action, the
9board department may grant licenses, without examination,
10of the same grade and class to an electrician who has been
11licensed by such other state for at least one year, upon
12payment by the applicant of the required fee, and upon
13the board department being furnished with proof that the
14qualifications of the applicant are equal to the qualifications
15of holders of similar licenses in this state.
16 Sec. 134. Section 103.22, subsections 13 and 14, Code 2017,
17are amended to read as follows:
1813. Apply to a person otherwise licensed pursuant to
19this chapter who is engaged in the wiring or installation of
20electrical wiring, apparatus, or equipment while presenting a
21course of instruction relating to home construction technology,
22or a similar course of instruction, offered to students
23by a community college established under chapter 260C, an
24institution under the control of the state board of regents, or
25a school corporation. A student enrolled in such a course of
26instruction shall not be considered an apprentice electrician
27or unclassified person, and supervision ratios as provided in
28section 103.15, subsection 3, shall not be applicable. The
29board department shall by rule establish inspection procedures
30in the event that the home constructed pursuant to the course
31is intended for eventual occupation as a residence.
3214. Prohibit a person from performing work on an emergency
33basis as determined by the board department.
34 Sec. 135. Section 103.24, subsection 1, unnumbered
35paragraph 1, Code 2017, is amended to read as follows:
-53- 1The board department shall establish by rule standards for
2the certification and decertification of electrical inspectors
3appointed by the state or a political subdivision to enforce
4this chapter or any applicable resolution or ordinance within
5the inspector’s jurisdiction, and for certified electrical
6inspector continuing education requirements.
7 Sec. 136. Section 103.24, subsection 2, Code 2017, is
8amended to read as follows:
92. State inspection shall not apply within the jurisdiction
10of any political subdivision which, pursuant to section 103.29,
11provides by resolution or ordinance standards of electrical
12wiring and its installation that are not less stringent than
13those prescribed by the board department or by this chapter
14and which further provides by resolution or ordinance for
15the inspection of electrical installations within the limits
16of such subdivision by a certified electrical inspector. A
17copy of the certificate of each electrical inspector shall be
18provided to the board department by the political subdivision
19issuing the certificate.
20 Sec. 137. Section 103.25, Code 2017, is amended to read as
21follows:
22103.25 Request for inspection — fees.
231. At or before commencement of any installation required to
24be inspected by the board department, the licensee or property
25owner making such installation shall submit to the state
26fire marshal’s office a request for inspection. The board
27 department shall prescribe the methods by which the request
28may be submitted, which may include electronic submission or
29through a form prescribed by the board department that can be
30submitted either through the mail or by a fax transmission.
31The board department shall also prescribe methods by which
32inspection fees can be paid, which may include electronic
33methods of payment. If the board department or the state fire
34marshal’s office becomes aware that a person has failed to
35file a necessary request for inspection, the board department
-54-1 shall send a written notification by certified mail that the
2request must be filed within fourteen days. Any person filing
3a late request for inspection shall pay a delinquency fee in an
4amount to be determined by the board department. A person who
5fails to file a late request within fourteen days from receipt
6of the notification shall be subject to a civil penalty to be
7determined by the board department by rule.
82. Notwithstanding subsection 1, the board department
9 may by rule provide for the issuance of a single permit
10to a licensee to request multiple inspections. The permit
11authorizes the licensee to perform new electrical installations
12specified in the permit. The board department shall prescribe
13the methods by which the request for multiple inspections
14may be submitted, which may include electronic submission or
15through a form prescribed by the board department that can be
16submitted either through the mail or by a fax transmission.
17The board department shall also prescribe methods by which
18inspection fees can be paid, which may include electronic
19methods of payment. The board department may perform
20inspections of each new electrical installation or any portion
21of the total number of new electrical installations made under
22each permit. The board department shall establish fees for
23such permits, which shall not exceed the total inspection fees
24that would be required if each new electrical installation
25performed under the request for multiple inspections had been
26performed under individual requests for inspections as provided
27in subsection 1.
28 Sec. 138. Section 103.26, Code 2017, is amended to read as
29follows:
30103.26 Condemnation — disconnection — opportunity to
31correct noncompliance.
32If the inspector finds that any installation or portion of
33an installation is not in compliance with accepted standards
34of construction for health safety and property safety, based
35upon minimum standards set forth in the local electrical
-55-1code or the national electrical code adopted by the board
2 department pursuant to section 103.6, the inspector shall by
3written order condemn the installation or noncomplying portion
4or order service to such installation disconnected and shall
5send a copy of such order to the board department, the state
6fire marshal, and the electrical utility supplying power
7involved. If the installation or the noncomplying portion is
8such as to seriously and proximately endanger human health
9or property, the order of the inspector when approved by the
10inspector’s supervisor shall require immediate condemnation
11and disconnection by the applicant. In all other cases, the
12order of the inspector shall establish a reasonable period
13of time for the installation to be brought into compliance
14with accepted standards of construction for health safety and
15property safety prior to the effective date established in such
16order for condemnation or disconnection.
17 Sec. 139. Section 103.27, subsection 1, Code 2017, is
18amended to read as follows:
191. A copy of each condemnation or disconnection order shall
20be served personally or by regular mail upon the property
21owner at the property owner’s last known address, the licensee
22making the installation, and such other persons as the board
23 department by rule may direct.
24 Sec. 140. Section 103.28, subsection 2, Code 2017, is
25amended to read as follows:
262. If the electrical inspector determines that an
27electrical installation subject to inspection by the board
28 department is not in compliance with accepted standards of
29construction for health safety and property safety, based upon
30minimum standards adopted by the board department pursuant to
31this chapter, the inspector shall issue a correction order. A
32correction order made pursuant to this section shall be served
33personally or by United States mail only upon the licensee
34making the installation. The correction order shall order the
35licensee to make the installation comply with the standards,
-56-1noting specifically what changes are required. The order
2shall specify a date, not more than seventeen calendar days
3from the date of the order, when a new inspection shall be
4made. When the installation is brought into compliance to the
5satisfaction of the inspector, the inspector shall file with
6the electrical utility supplying power a certificate stating
7that the electrical inspector has approved energization.
8 Sec. 141. Section 103.29, subsections 1, 2, 3, and 5, Code
92017, are amended to read as follows:
101. A political subdivision performing electrical
11inspections prior to December 31, 2007, shall continue
12to perform such inspections. After December 31, 2013, a
13political subdivision may choose to discontinue performing
14its own inspections and permit the board department to have
15jurisdiction over inspections in the political subdivision.
16If a political subdivision seeks to discontinue its own
17inspections prior to December 31, 2013, the political
18subdivision shall petition the board department. On or after
19January 1, 2014, if a unanimous vote of the board department
20 finds that a political subdivision’s inspections are inadequate
21by reason of misfeasance, malfeasance, or nonfeasance,
22the board department may suspend or revoke the political
23subdivision’s authority to perform its own inspections, subject
24to appeal according to the procedure set forth in section
25103.34 and judicial review pursuant to section 17A.19. A
26political subdivision not performing electrical inspections
27prior to December 31, 2007, may make provision for inspection
28of electrical installations within its jurisdiction, in which
29case it shall keep on file with the board department copies of
30its current inspection ordinances or resolutions and electrical
31codes.
322. A political subdivision performing electrical
33inspections pursuant to subsection 1 prior to December 31,
342007, may maintain a different supervision ratio than the ratio
35of three apprentice electricians and unclassified persons to
-57-1one licensee specified in section 103.15, subsection 3, but
2may not exceed that ratio. A political subdivision which
3begins performing electrical inspections after December 31,
42007, shall maintain the specified three-to-one ratio unless
5the board department approves a petition by the political
6subdivision for a lower ratio. A political subdivision which
7discontinues performing electrical inspections and permits the
8board department to have jurisdiction over inspections shall
9maintain the specified three-to-one supervision ratio, and may
10not petition for a lower ratio unless the political subdivision
11subsequently resumes performing electrical inspections.
123. A political subdivision that performs electrical
13inspections may set appropriate permit fees to pay for such
14inspections. A political subdivision shall not require any
15person holding a license from the board department to pay
16any license fee or take any examination if the person holds
17a current license issued by the board department which is of
18a classification equal to or greater than the classification
19needed to do the work proposed. Any such political subdivision
20may provide a requirement that each person doing electrical
21work within the jurisdiction of such political subdivision have
22on file with the political subdivision a copy of the current
23license issued by the board department or such other evidence
24of such license as may be provided by the board department.
255. A political subdivision that performs electrical
26inspections shall act as the authority having jurisdiction for
27electrical inspections and for amending the national electrical
28code adopted by the board department pursuant to section
29103.6 for work performed within the jurisdictional limits of
30the political subdivision, provided those inspections and
31amendments conform to the requirements of this chapter. Any
32action by a political subdivision with respect to amendments
33to the national electrical code shall be filed with the board
34 department prior to enforcement by the political subdivision,
35and shall not be less stringent than the minimum standards
-58-1established by the board department by rule.
2 Sec. 142. Section 103.30, subsection 2, Code 2017, is
3amended to read as follows:
42. The board department may by rule exempt specified types
5of new electrical installations from the state electrical
6inspection requirements under section 103.23, provided that
7a political subdivision conducting inspections pursuant
8to section 103.24 shall not be prohibited from requiring
9inspection of any new electrical installation exempt by rule
10from state inspection pursuant to this subsection.
11 Sec. 143. Section 103.31, subsections 1, 3, 4, 5, and 6,
12Code 2017, are amended to read as follows:
131. An inspection shall be made within three business
14days of the submission of a request for an inspection as
15provided in section 103.25. When necessary, circuits may be
16energized by the authorized installer prior to inspection but
17the installation shall remain subject to condemnation and
18disconnection and subject to any appropriate restrictions or
19limitations as determined by the board department.
203. State inspection procedures and policies shall be
21established by the board department. The state fire marshal,
22or the state fire marshal’s designee, shall enforce the
23procedures and policies, and enforce the provisions of the
24national electrical code adopted by the board department.
254. Except when an inspection reveals that an installation or
26portion of an installation is not in compliance with accepted
27standards of construction for health safety and property
28safety, based upon minimum standards set forth in the local
29electrical code or the national electrical code adopted by
30the board department pursuant to section 103.6, such that an
31order of condemnation or disconnection is warranted pursuant to
32section 103.26, an inspector shall not add to, modify, or amend
33a construction plan as originally approved by the state fire
34marshal or the state building code commissioner in the course
35of conducting an inspection.
-59- 15. Management and supervision of inspectors, including
2hiring decisions, disciplinary action, promotions, and work
3schedules are the responsibility of the state fire marshal
4acting in accordance with applicable law and pursuant to any
5applicable collective bargaining agreement. The state fire
6marshal and the board department shall jointly determine
7work territories, regions, or districts for inspectors
8and continuing education and ongoing training requirements
9applicable to inspectors. An inspector subject to disciplinary
10action pursuant to this subsection shall be entitled to an
11appeal according to the procedure set forth in section 103.34
12and judicial review pursuant to section 17A.19.
136. The board department shall establish an internet-based
14licensure verification database for access by a state or local
15inspector for verification of licensee status. The database
16shall include the name of every person licensed under this
17chapter and a corresponding licensure number. Inspectors
18shall be authorized to request the name and license number of
19any person working at a job site subject to inspection for
20verification of licensee status. Licensees under this chapter
21shall be required to carry a copy of their current license and
22photo identification at all times when employed on a job site
23for compliance with this subsection.
24 Sec. 144. Section 103.32, subsection 1, Code 2017, is
25amended to read as follows:
261. All state electrical inspection fees shall be due and
27payable to the board department at or before commencement of
28the installation and shall be forwarded with the request for
29inspection. Inspection fees provided in this section shall
30not apply within the jurisdiction of any political subdivision
31if the political subdivision has adopted an ordinance or
32resolution pursuant to this chapter.
33 Sec. 145. Section 103.32, subsection 2, unnumbered
34paragraph 1, Code 2017, is amended to read as follows:
35The board department shall establish the fees for
-60-1inspections in amounts not to exceed:
2 Sec. 146. Section 103.33, Code 2017, is amended to read as
3follows:
4103.33 Condemnation or disconnection orders — appeals —
5disposition of orders pending appeal.
61. Any person aggrieved by a condemnation or disconnection
7order issued by the state fire marshal’s office may appeal from
8the order by filing a written notice of appeal with the board
9 department within ten days after the date the order was served
10upon the property owner or within ten days after the order was
11filed with the board department, whichever is later.
122. Upon receipt of the notice of appeal from a condemnation
13or disconnection order because the electrical installation is
14proximately dangerous to health or property, the order appealed
15from shall not be stayed unless countermanded by the board
16 department.
173. Upon receipt of notice of appeal from a condemnation
18or disconnection order because the electrical installation
19is not in compliance with accepted standards of construction
20for health safety and property safety, except as provided in
21subsection 2, the order appealed from shall be stayed until
22final decision of the board department and the board department
23 shall notify the property owner and the electrical contractor,
24class A master electrician, class B master electrician, fire
25alarm installer, special electrician, or if established by the
26board department the residential master electrician, making
27the installation. The power supplier shall also be notified
28in those instances in which the order has been served on such
29supplier.
30 Sec. 147. Section 103.34, Code 2017, is amended to read as
31follows:
32103.34 Appeal procedures.
331. Upon receipt of a notice of appeal filed pursuant to
34section 103.33, the chairperson or executive secretary of the
35board department may designate a hearing officer from among
-61-1the board members to hear the appeal or may set the matter for
2hearing before the full board at its next regular meeting. A
3majority of the board shall make the decision.
42. Upon receiving the notice of appeal filed pursuant to
5section 103.33, the board department shall notify all persons
6served with the order appealed from. Such persons may join
7in the hearing and give testimony in their own behalf. The
8board department shall set the hearing date on a date not
9more than fourteen days after receipt of the notice of appeal
10unless otherwise agreed by the interested parties and the board
11 department.
12 Sec. 148. Section 103.35, unnumbered paragraph 1, Code
132017, is amended to read as follows:
14The board, by a simple majority vote of the entire board,
15 department may suspend for a period not exceeding two years,
16or revoke the certificate of licensure of, or reprimand any
17licensee who is found guilty of any of the following acts or
18offenses:
19 Sec. 149. Section 103.36, Code 2017, is amended to read as
20follows:
21103.36 Procedure.
22Proceedings for any action under section 103.35 shall be
23commenced by filing with the board department written charges
24against the accused. Upon the filing of charges, the board
25 department shall conduct an investigation into the charges.
26The board department shall designate a time and place for
27a hearing, and shall notify the accused of this action and
28furnish the accused a copy of all charges at least thirty days
29prior to the date of the hearing. The accused has the right to
30appear personally or by counsel, to cross-examine witnesses, or
31to produce witnesses in defense.
32 Sec. 150. Section 103.38, Code 2017, is amended to read as
33follows:
34103.38 Criminal violations.
35A person who violates a permanent injunction issued pursuant
-62-1to section 103.37 or presents or attempts to file as the
2person’s own the certificate of licensure of another, or
3who gives false or forged evidence of any kind to the board
4 department in obtaining a certificate of licensure, or who
5falsely impersonates another practitioner of like or different
6name, or who uses or attempts to use a revoked certificate of
7licensure, is guilty of a fraudulent practice under chapter
8714.
9 Sec. 151. Section 103.39, subsections 1, 3, 4, 5, and 7,
10Code 2017, are amended to read as follows:
111. In addition to any other penalties provided for in this
12chapter, the board department may by order impose a civil
13penalty upon a person who is not licensed under this chapter
14and who does any of the following:
15a. Is employed in a capacity in which the person engages in
16or offers to engage in the activities authorized pursuant to
17this chapter.
18b. Uses or employs the words “electrical contractor”, “class
19A master electrician”, “class B master electrician”, “class A
20journeyman electrician”, or “class B journeyman electrician”,
21or implies authorization to provide or offer those services,
22or otherwise uses or advertises any title, word, figure, sign,
23card, advertisement, or other symbol or description tending
24to convey the impression that the person is an “electrical
25contractor”, “class A master electrician”, “class B master
26electrician”, “class A journeyman electrician”, or “class B
27journeyman electrician”.
28c. Gives false or forged evidence of any kind to the
29board or any member of the board department in obtaining or
30attempting to obtain a certificate of licensure.
31d. Falsely impersonates any individual licensed pursuant to
32this chapter.
33e. Uses or attempts to use an expired, suspended, revoked,
34or nonexistent certificate of licensure.
35f. Knowingly aids or abets an unlicensed person who engages
-63-1in any activity identified in this subsection.
23. In determining the amount of a civil penalty to
3be imposed, the board department may consider any of the
4following:
5a. Whether the amount imposed will be a substantial economic
6deterrent to the violation.
7b. The circumstances leading to the violation.
8c. The severity of the violation and the risk of harm to the
9public.
10d. The economic benefits gained by the violator as a result
11of noncompliance.
12e. The interest of the public.
134. Before issuing an order under this section, the board
14 department shall provide the person written notice and the
15opportunity to request a hearing on the record. The hearing
16must be requested within thirty days of the issuance of the
17notice and shall be conducted in the same manner as provided
18in section 103.36.
195. The board department, in connection with a proceeding
20under this section, may issue subpoenas to compel the
21attendance and testimony of witnesses and the disclosure of
22evidence, and may request the attorney general to bring an
23action to enforce the subpoena.
247. If a person fails to pay a civil penalty within thirty
25days after entry of an order under subsection 1, or if the
26order is stayed pending an appeal within ten days after the
27court enters a final judgment in favor of the board department,
28the board department shall notify the attorney general. The
29attorney general may commence an action to recover the amount
30of the penalty, including reasonable attorney fees and costs.
31 Sec. 152. Section 105.2, subsections 2, 4, 14, and 17, Code
322017, are amended to read as follows:
332. “Board” “Council” means the electrical, plumbing, and
34mechanical systems board advisory council as established
35pursuant to section 105.3 103.2.
-64- 14. “Department” means the Iowa department of public health
2 safety created under chapter 80.
314. “Medical gas system installer” means any person who
4installs or repairs medical gas piping, components, and
5vacuum systems, including brazers, who has been issued a
6valid certification from the national inspection testing
7certification (NITC) corporation, or an equivalent authority
8approved by the board department.
917. “Routine maintenance” means the maintenance, repair,
10or replacement of existing fixtures or parts of plumbing,
11mechanical, HVAC, refrigeration, sheet metal, or hydronic
12systems in which no changes in original design are made.
13Fixtures or parts do not include smoke and fire dampers, or
14water, gas, or steam piping permanent repairs except for traps
15or strainers. “Routine maintenance” shall include emergency
16repairs, and the board department shall define the term
17“emergency repairs” to include the repair of water pipes to
18prevent imminent damage to property. “Routine maintenance”
19does not include the replacement of furnaces, boilers, cooling
20appliances, or water heaters more than one hundred gallons in
21size.
22 Sec. 153. Section 105.4, subsection 1, paragraphs a and b,
23Code 2017, are amended to read as follows:
24a. The board department shall establish by rule a plumbing
25installation code governing the installation of plumbing in
26this state. Consistent with fire safety rules and standards
27promulgated by the state fire marshal, the board department
28 shall adopt the most current version of the uniform plumbing
29code and the international mechanical code, as the state
30plumbing code and the state mechanical code, to govern the
31installation of plumbing and mechanical systems in this state.
32The board department shall adopt the current version of each
33code within six months of its being released. The board
34 department may adopt amendments to each code by rule. The
35board department shall work in consultation with the state fire
-65-1marshal to ensure that proposed amendments do not conflict with
2the fire safety rules and standards promulgated by the state
3fire marshal. The state plumbing code and the state mechanical
4code shall be applicable to all buildings and structures
5owned by the state or an agency of the state and in each local
6jurisdiction.
7b. Except as provided in paragraph “c”, a local jurisdiction
8is not required to adopt by ordinance the state plumbing code
9or the state mechanical code. However, a local jurisdiction
10that adopts by ordinance the state plumbing code or the
11state mechanical code may adopt standards that are more
12restrictive. A local jurisdiction that adopts standards
13that are more restrictive than the state plumbing code or
14the state mechanical code shall promptly provide copies of
15those standards to the board department. The board department
16 shall maintain on its internet site the text of all local
17jurisdiction standards that differ from the applicable
18statewide code. Local jurisdictions shall not be required to
19conduct inspections or take any other enforcement action under
20the state plumbing code and state mechanical code regardless
21of whether the local jurisdiction has adopted by ordinance the
22state plumbing code or the state mechanical code.
23 Sec. 154. Section 105.4, subsection 2, Code 2017, is amended
24to read as follows:
252. The board department shall adopt all rules necessary to
26carry out the licensing and other provisions of this chapter.
27 Sec. 155. Section 105.5, subsections 1, 3, and 4, Code 2017,
28are amended to read as follows:
291. Any person desiring to take an examination for a license
30issued pursuant to this chapter shall make application to the
31board department in accordance with the rules of the board
32 department. The application form shall be no longer than two
33pages in length, plus one security page. The board department
34 may require that a recent photograph of the applicant be
35attached to the application.
-66- 13. The board department shall adopt rules relating to all
2of the following:
3a. The qualifications required for applicants seeking
4to take examinations, which qualifications shall include
5a requirement that an applicant who is a contractor shall
6be required to provide the contractor’s state contractor
7registration number.
8b. The denial of applicants seeking to take examinations.
94. The board department shall adopt an industry
10standardized examination for each license type. If a
11standardized examination is not available for a specified
12license type, the board department shall work with the
13appropriate testing vendor to create an examination for the
14specified license type.
15 Sec. 156. Section 105.9, subsections 1, 2, 3, 5, and 6, Code
162017, are amended to read as follows:
171. The board department shall set the fees for the
18examination of all applicants, by rule, which fees shall be
19based upon the cost of administering the examinations.
202. The board department shall set the license fees and
21renewal fees for all licenses issued pursuant to this chapter,
22by rule.
233. All fees collected under this chapter shall be retained
24by the board department. The moneys retained by the board
25 department shall be used for any of the board’s department’s
26 duties under this chapter, including but not limited to the
27addition of full-time equivalent positions for program services
28and investigations. Revenues retained by the board department
29 pursuant to this section shall be considered repayment receipts
30as defined in section 8.2. Notwithstanding section 8.33,
31moneys retained by the board department pursuant to this
32section are not subject to reversion to the general fund of the
33state.
345. a. The board department shall submit a report to
35the general assembly within sixty days following the end
-67-1of each fiscal year. The reports shall include a balance
2sheet projection extending no less than three years. If the
3revenue projection exceeds expense projections by more than
4ten percent, the board department shall adjust their its fee
5schedules accordingly, so that projected revenues are no more
6than ten percent higher than projected expenses. The revised
7fees shall be implemented no later than January 1, 2013, and
8January 1 of each subsequent year.
9b. A license fee for a combined license shall be the sum
10total of each of the separate license fees reduced by thirty
11percent.
126. The board department may charge a fee for an application
13required by this chapter and submitted on paper if an internet
14application process is available.
15 Sec. 157. Section 105.10, subsections 1 and 4, Code 2017,
16are amended to read as follows:
171. Except as provided in section 105.11, a person shall
18not operate as a contractor or install or repair plumbing,
19mechanical, HVAC, refrigeration, sheet metal, or hydronic
20systems without obtaining a license issued by the board
21 department, or install or repair medical gas piping systems
22without obtaining a valid certification approved by the board
23 department.
244. The board department shall adopt rules to allow a grace
25period for a contractor to operate a business described in
26subsection 2 without employing a licensed master.
27 Sec. 158. Section 105.12, Code 2017, is amended to read as
28follows:
29105.12 Form of license.
301. A contracting, plumbing, mechanical, HVAC-refrigeration,
31sheet metal, or hydronic license shall be in the form of a
32certificate under the seal of the department, signed by the
33director of public health, and shall be issued in the name of
34the board department. The license number shall be noted on the
35face of the license.
-68- 12. In addition to the certificate, the board department
2 shall provide each licensee with a wallet-sized licensing
3identification card.
4 Sec. 159. Section 105.16, Code 2017, is amended to read as
5follows:
6105.16 Change of residence.
7If a person licensed to practice as a contractor or a
8plumbing, mechanical, HVAC-refrigeration, sheet metal, or
9hydronic professional under this chapter changes the person’s
10residence or place of practice, the person shall so notify the
11board department.
12 Sec. 160. Section 105.18, Code 2017, is amended to read as
13follows:
14105.18 Qualifications and types of licenses issued.
151. General qualifications. The board department shall
16adopt, by rule, general qualifications for licensure. The
17board department may consider the past felony record of an
18applicant only if the felony conviction relates to the practice
19of the profession for which the applicant requests to be
20licensed. References may be required as part of the licensing
21process.
222. Plumbing, mechanical, HVAC-refrigeration, sheet
23metal, and hydronic licenses and contractor licenses. The
24board department shall issue master licenses for plumbing,
25mechanical, HVAC-refrigeration, and hydronic professionals.
26The board department shall issue journeyperson licenses for
27plumbing, mechanical, HVAC-refrigeration, sheet metal, and
28hydronic professionals. A plumbing license shall allow an
29individual to perform work defined as plumbing. A mechanical
30license shall allow an individual to perform work defined
31as HVAC, refrigeration, sheet metal, and hydronic. An
32HVAC-refrigeration license shall allow an individual to perform
33work defined as HVAC and refrigeration. A hydronic license
34shall allow an individual to perform work defined as hydronic.
35A sheet metal license shall allow an individual to perform work
-69-1defined as sheet metal. The board department shall issue the
2separate licenses as follows:
3a. Apprentice license. In order to be licensed by the
4board department as an apprentice, a person shall do all of the
5following:
6(1) File an application, which application shall establish
7that the person meets the minimum requirements adopted by the
8board department.
9(2) Certify that the person will work under the supervision
10of a licensed journeyperson or master in the applicable
11discipline.
12(3) Be enrolled in an applicable apprentice program which is
13registered with the United States department of labor office
14of apprenticeship.
15b. Journeyperson license.
16(1) In order to be licensed by the board department as a
17journeyperson in the applicable discipline, a person shall do
18all of the following:
19(a) File an application and pay application fees as
20established by the board department, which application shall
21establish that the person meets the minimum educational and
22experience requirements adopted by the board department.
23(b) Pass the state journeyperson licensing examination in
24the applicable discipline.
25(c) Provide the board department with evidence of having
26completed at least four years of practical experience as an
27apprentice. Commencing January 1, 2010, the four years of
28practical experience required by this subparagraph division
29must be an apprenticeship training program registered by the
30United States department of labor office of apprenticeship.
31(2) A person may simultaneously hold an active
32journeyperson license and an inactive master license.
33(3) An individual who has passed both the journeyperson
34HVAC-refrigeration examination and the journeyperson hydronic
35examination separately shall be qualified to be issued a
-70-1journeyperson mechanical license without having to pass the
2journeyperson mechanical examination.
3c. Master license.
4(1) In order to be licensed by the board department as a
5master, a person shall do all of the following:
6(a) File an application and pay application fees as
7established by the board department, which application shall
8establish that the person meets the minimum educational and
9experience requirements adopted by the board department.
10(b) Pass the state master licensing examination for the
11applicable discipline.
12(c) Provide evidence to the board department that the person
13has previously been a licensed journeyperson or master in the
14applicable discipline.
15(2) An individual who has passed both the master
16HVAC-refrigeration examination and the master hydronic
17examination separately shall be qualified to be issued a master
18mechanical license without having to pass the master mechanical
19examination.
20d. Contractor license. In order to be licensed by the
21board department as a contractor, a person shall do all of the
22following:
23(1) File an application and pay application fees as
24established by the board department and establish that the
25person meets the minimum requirements adopted by the board
26 department. Through June 30, 2017, the application shall
27include the person’s state contractor registration number.
28After July 1, 2017, the application shall include proof of
29workers compensation insurance coverage, proof of unemployment
30insurance compliance, and, for out-of-state contractors, a bond
31as described in chapter 91C.
32(2) Maintain a permanent place of business.
33(3) Hold a master license or employ at least one person
34holding a master license under this chapter.
353. Combined licenses, restricted licenses.
-71- 1a. The board department may issue single or combined
2licenses to persons who qualify as a contractor, master,
3journeyperson, or apprentice under any of the disciplines.
4b. Special, restricted license. The board department may
5by rule provide for the issuance of special plumbing and
6mechanical professional licenses authorizing the licensee to
7engage in a limited class or classes of plumbing or mechanical
8professional work, which class or classes shall be specified on
9the license. Each licensee shall have experience, acceptable
10to the board department, in each such limited class for which
11the person is licensed. The board department shall designate
12each special, restricted license to be a sublicense of either
13a plumbing, mechanical, HVAC-refrigeration, sheet metal,
14or hydronic license. A special, restricted license may be
15a sublicense of multiple types of licenses. An individual
16holding a master or journeyperson, plumbing, mechanical,
17HVAC-refrigeration, sheet metal, or hydronic license shall not
18be required to obtain any special, restricted license which is
19a sublicense of the license that the individual holds. Special
20plumbing and mechanical professional licenses shall be issued
21to employees of a rate-regulated gas or electric public utility
22who conduct the repair of appliances. “Repair of appliances”
23means the repair or replacement of mechanical connections
24between the appliance shutoff valve and the appliance and
25repair of or replacement of parts to the appliance. Such
26special, restricted license shall require certification
27pursuant to industry-accredited certification standards.
28c. The board department shall establish a special,
29restricted license fee at a reduced rate, consistent with any
30other special, restricted license fees.
31d. An individual that holds either a master or
32journeyperson mechanical license or a master or journeyperson
33HVAC-refrigeration license shall be exempt from having to
34obtain a special electrician’s license pursuant to chapter 103
35in order to disconnect and reconnect existing air conditioning
-72-1and refrigeration systems.
24. Waiver for military service. Notwithstanding section
317A.9A, the board department shall waive the written
4examination requirements and prior experience requirements in
5subsection 2, paragraph “b”, subparagraph (1), and subsection
62, paragraph “c”, for a journeyperson or master license if the
7applicant meets all of the following requirements:
8a. Is an active or retired member of the United States
9military.
10b. Provides documentation that the applicant was deployed
11on active duty during any portion of the time period of July 1,
122008, through December 31, 2009.
13c. Provides documentation that shows the applicant has
14previously passed an examination which the board department
15 deems substantially similar to the examination for a
16journeyperson license or a master license, as applicable,
17issued by the board department, or provides documentation that
18shows the applicant has previously been licensed by a state or
19local governmental jurisdiction in the same trade and trade
20level.
21 Sec. 161. Section 105.19, subsections 1 and 3, Code 2017,
22are amended to read as follows:
231. An applicant for a contractor license or renewal of
24an active contractor license shall provide evidence of a
25public liability insurance policy and surety bond in an amount
26determined sufficient by the board department by rule.
273. The insurance and surety bond shall be written by an
28entity licensed to do business in this state and each licensed
29contractor shall maintain on file with the board department
30 a certificate evidencing the insurance providing that the
31insurance or surety bond shall not be canceled without the
32entity first giving ten days’ written notice to the board
33 department.
34 Sec. 162. Section 105.20, subsections 2, 4, and 5, Code
352017, are amended to read as follows:
-73- 12. A license issued under this chapter may be renewed
2as provided by rule adopted by the board department upon
3application by the licensee, without examination. Applications
4for renewal shall be made to the board department, accompanied
5by the required renewal licensing fee, at least thirty days
6prior to the expiration date of the license.
74. The board department shall, by rule, establish a
8reinstatement process for a licensee who allows a license to
9lapse, including reasonable penalties.
105. a. The board department shall establish continuing
11education requirements pursuant to section 272C.2. The basic
12continuing education requirement for renewal of a license shall
13be the completion, during the immediately preceding license
14term, of the number of classroom hours of instruction required
15by the board department in courses or seminars which have been
16approved by the board department. The board department shall
17require at least eight classroom hours of instruction during
18each three-year licensing term.
19b. A licensee shall have a thirty-day grace period after
20expiration of the licensing term to complete all requirements
21necessary for license renewal without penalty.
22 Sec. 163. Section 105.21, Code 2017, is amended to read as
23follows:
24105.21 Reciprocal licenses.
25The board department may license without examination
26a nonresident applicant who is licensed under plumbing,
27mechanical, HVAC-refrigeration, sheet metal, or hydronic
28professional licensing statutes of another state having similar
29licensing requirements as those set forth in this chapter and
30the rules adopted under this chapter if the other state grants
31the same reciprocal licensing privileges to residents of Iowa
32who have obtained Iowa plumbing or mechanical professional
33licenses under this chapter. The board department shall
34adopt the necessary rules, not inconsistent with the law, for
35carrying out the reciprocal relations with other states which
-74-1are authorized by this chapter.
2 Sec. 164. Section 105.22, unnumbered paragraph 1, Code
32017, is amended to read as follows:
4A license to practice as a contractor or as a plumbing,
5mechanical, HVAC-refrigeration, sheet metal, or hydronic
6professional may be revoked or suspended, or an application
7for licensure may be denied pursuant to procedures established
8pursuant to chapter 272C by the board department, or the
9licensee may be otherwise disciplined in accordance with that
10chapter, when the licensee commits any of the following acts
11or offenses:
12 Sec. 165. Section 105.22, subsection 10, Code 2017, is
13amended to read as follows:
1410. Any other such grounds as established by rule by the
15board department.
16 Sec. 166. Section 105.23, Code 2017, is amended to read as
17follows:
18105.23 Jurisdiction of revocation and suspension proceedings.
19The board department shall have exclusive jurisdiction of
20all proceedings to revoke or suspend a license issued pursuant
21to this chapter. The board department may initiate proceedings
22under this chapter or chapter 272C, following procedures set
23out in section 272C.6, either on its own motion or on the
24complaint of any person. The board department, in connection
25with a proceeding under this chapter, may issue subpoenas to
26compel attendance and testimony of witnesses and the disclosure
27of evidence, and may request the attorney general to bring an
28action to enforce the subpoena.
29 Sec. 167. Section 105.24, Code 2017, is amended to read as
30follows:
31105.24 Notice and default.
321. A written notice stating the nature of the charge or
33charges against a licensee and the time and place of the
34hearing before the board department on the charges shall be
35served on the licensee not less than thirty days prior to the
-75-1date of hearing either personally or by mailing a copy by
2certified mail to the last known address of the licensee.
32. If, after having been served with the notice of hearing,
4the licensee fails to appear at the hearing, the board
5 department may proceed to hear evidence against the licensee
6and may enter such order as is justified by the evidence.
7 Sec. 168. Section 105.27, subsections 1 and 3, Code 2017,
8are amended to read as follows:
91. In addition to any other penalties provided for in this
10chapter, the board department may, by order, impose a civil
11penalty, not to exceed five thousand dollars per offense,
12upon a person violating any provision of this chapter. Each
13day of a continued violation constitutes a separate offense,
14except that offenses resulting from the same or common facts
15or circumstances shall be considered a single offense. Before
16issuing an order under this section, the board department
17 shall provide the person written notice and the opportunity to
18request a hearing on the record. The hearing must be requested
19within thirty days of the issuance of the notice.
203. If a person fails to pay a civil penalty within thirty
21days after entry of an order under subsection 1 or, if the
22order is stayed pending an appeal, within ten days after the
23court enters a final judgment in favor of the board department,
24the board department shall notify the attorney general. The
25attorney general may commence an action to recover the amount
26of the penalty, including reasonable attorney fees and costs.
27 Sec. 169. Section 105.28, Code 2017, is amended to read as
28follows:
29105.28 Enforcement.
30The board department shall enforce the provisions of this
31chapter. Every licensee and member of the board shall furnish
32the board department such evidence as the licensee or member
33 may have relative to any alleged violation which is being
34investigated.
35 Sec. 170. Section 105.29, Code 2017, is amended to read as
-76-1follows:
2105.29 Report of violators.
3Every licensee and every member of the board shall report
4to the board department the name of every person who is
5practicing as a contractor or as a plumbing, mechanical,
6HVAC-refrigeration, sheet metal, or hydronic professional
7without a license issued pursuant to this chapter pursuant
8to the knowledge or reasonable belief of the person making
9the report. The opening of an office or place of business
10for the purpose of providing any services for which a license
11is required by this chapter, the announcing to the public in
12any way the intention to provide any such service, the use of
13any professional designation, or the use of any sign, card,
14circular, device, vehicle, or advertisement, as a provider of
15any such services shall be prima facie evidence of engaging
16in the practice of a contractor or a plumbing, mechanical,
17HVAC-refrigeration, sheet metal, or hydronic professional.
18 Sec. 171. Section 105.30, Code 2017, is amended to read as
19follows:
20105.30 Attorney general.
21Upon request of the board department, the attorney general
22shall institute in the name of the state the proper proceedings
23against any person charged by the department with violating any
24provision of this chapter.
25 Sec. 172. Section 272C.1, subsection 6, paragraph ae, Code
262017, is amended by striking the paragraph and inserting in
27lieu thereof the following:
28ae. The department of public safety, in licensing
29electricians, plumbers, mechanical professionals, contractors,
30and other professionals licensed pursuant to chapters 103 and
31105.
32 Sec. 173. Section 331.301, subsection 6, paragraph b, Code
332017, is amended to read as follows:
34b. A county shall not impose any fee or charge on any
35individual or business licensed by the plumbing and mechanical
-77-1systems board department of public safety for the right to
2perform plumbing, mechanical, HVAC, refrigeration, sheet metal,
3or hydronic systems work within the scope of the license. This
4paragraph does not prohibit a county from charging fees for the
5issuance of permits for, and inspections of, work performed in
6its jurisdiction.
7 Sec. 174. Section 364.3, subsection 3, paragraph b, Code
82017, is amended to read as follows:
9b. A city shall not impose any fee or charge on any
10individual or business licensed by the plumbing and mechanical
11systems board department of public safety for the right to
12perform plumbing, mechanical, HVAC, refrigeration, sheet metal,
13or hydronic systems work within the scope of the license. This
14paragraph does not prohibit a city from charging fees for the
15issuance of permits for, and inspections of, work performed in
16its jurisdiction.
17 Sec. 175. REPEAL. Sections 103.5, 105.1, and 105.3, Code
182017, are repealed.
19 Sec. 176. TRANSITION PROVISIONS.
201. Any rule, regulation, form, order, or directive
21promulgated by the electrical examining board or the plumbing
22and mechanical systems board as required to administer and
23enforce the provisions of chapters 103 and 105, Code 2017,
24shall continue in full force and effect until amended,
25repealed, or supplemented by affirmative action of the
26department of public safety.
272. Any moneys remaining in any account or fund under the
28control of the electrical examining board or the plumbing and
29mechanical systems board on the effective date of this division
30of this Act and relating to the provisions of this division of
31this Act shall be transferred to a comparable fund or account
32under the control of the department of public safety for such
33purposes. Notwithstanding section 8.33, the moneys transferred
34in accordance with this subsection shall not revert to the
35account or fund from which appropriated or transferred.
-78- 13. The electrical examining board and the plumbing and
2mechanical systems board shall assist the department of public
3safety in implementing this division of this Act by providing
4for an effective transition of powers and duties from the
5boards to the department under chapters 103 and 105 and related
6administrative rules. Such assistance shall include but is not
7limited to assisting in cooperating with federal agencies.
84. Any replacement of signs, logos, stationery, insignia,
9uniforms, and related items that is made due to the effect of
10this division of this Act shall be done as part of the normal
11replacement cycle for such items.
125. The license of a person licensed by the electrical
13examining board or the plumbing and mechanical systems board on
14the effective date of this division of this Act shall remain
15in effect upon the transition of regulatory authority from the
16boards to the department of public safety in accordance with
17this division of this Act.
186. Control of the plumbing, mechanical, HVAC-refrigeration,
19sheet metal, or hydronic registry created in section 105.15
20shall be transferred from the department of public health to
21the department of public safety.
227. An administrative hearing or court proceeding arising
23out of an enforcement action under chapter 103 or 105 or
24related administrative rules pending on the effective date
25of this division of this Act shall not be affected by this
26division of this Act. Any cause of action or statute of
27limitation relating to an action taken by the electrical
28examining board or the plumbing and mechanical systems board
29shall not be affected by this division of this Act and such
30cause of action or statute of limitation shall apply to the
31department of public safety.
32DIVISION V
33OUT-OF-STATE LICENSURE APPLICANTS TO BOARD OF EDUCATIONAL
34EXAMINERS
35 Sec. 177. Section 272.8, subsection 1, Code 2017, is amended
-79-1to read as follows:
21. The board may shall issue a an initial license, as
3established by the board by rule, to an applicant from another
4state or country if the applicant files evidence of the
5possession of the required or equivalent requirements with the
6board. If the applicant is the spouse of a military person who
7is on duty or in active state duty as defined in section 29A.1,
8subsections 10 and 12, the board shall assign a consultant to
9be the single point of contact for the applicant regarding
10nontraditional licensure.
11DIVISION VI
12LICENSING MORATORIUM
13 Sec. 178. NEW SECTION. 7E.4A Professional regulation.
14An executive branch administrative unit shall not assess a
15fee, require authorization to practice, or otherwise impose
16regulations on a profession if the administrative unit did not
17regulate the profession prior to July 1, 2017.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to certain state regulations, including
22certificate of need requirements, the practice of certain
23professions, and the oversight of state preserves. The bill is
24organized into divisions.
25CERTIFICATE OF NEED REQUIREMENT. This division removes the
26requirement for a hospital to apply to the Iowa department of
27public health for a certificate of need prior to the offering
28or development of a new or changed institutional health service
29unless the hospital plans to expand its swing-bed capacity
30above 25 beds or plans to add any nursing facility beds or
31skilled nursing beds.
32The division exempts facilities that provide services
33to a person with a primary diagnosis of mental illness, as
34defined in Code section 229.1, from the certificate of need
35requirement.
-80- 1The division takes effect July 1, 2019, except that the
2certificate of need exemption for facilities that provide
3services to a person with a primary diagnosis of mental illness
4takes effect upon enactment.
5REPEALS OF CERTAIN BOARDS — CONFORMING AMENDMENTS.
6 This division eliminates the following boards and removes
7all licensing and registration requirements for their
8regulated professions: the board of respiratory care and
9polysomnography, the board of massage therapy, the board of
10hearing aid specialists, the board of barbering, and the
11interior design examining board.
12The division removes licensing requirements and imposes
13registration requirements for the following professions:
14dietitians, athletic trainers, funeral directors, mental health
15counselors, marital and family therapists, social workers,
16speech pathologists, and audiologists.
17The division requires dietitians, funeral directors, mental
18health counselors, marital and family therapists, and social
19workers to register with the department of public health,
20athletic trainers with the board of educational examiners,
21and speech pathologists and audiologists with the board of
22medicine. The division removes licensing requirements for
23prosthetists, orthotists, and pedorthists and does not require
24registration, but retains the board of podiatry.
25The division removes tooth whitening from the practice of
26dentistry as provided in Code section 153.13.
27REPEAL OF STATE ADVISORY BOARD FOR PRESERVES. This division
28eliminates the state advisory board for preserves and assigns
29the duties of the board to the natural resource commission of
30the department of natural resources.
31ELECTRICAL EXAMINING BOARD AND PLUMBING AND MECHANICAL
32SYSTEMS BOARD MERGER. This division combines the duties
33of the electrical examining board with the plumbing and
34mechanical systems board to create the electrical, plumbing,
35and mechanical systems advisory council under the department
-81-1of public safety, which will regulate the licensure of
2electricians, plumbers, and other professionals currently
3licensed by both boards.
4LICENSING MORATORIUM. This division prohibits an executive
5branch administrative unit from imposing new licensing
6regulations for a profession not regulated prior to July 1,
72017.
8OUT-OF-STATE APPLICANTS TO BOARD OF EDUCATIONAL EXAMINERS.
9 This division requires the board of educational examiners to
10issue a license to an applicant who holds a license in another
11jurisdiction.
12The bill makes numerous conforming changes throughout the
13Code to reflect all of these changes and provides transition
14provisions for the transfer of rules, licenses, fees,
15funds, forms, and other items between the various boards and
16departments.
-82-tr/rh