Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 231.14 and 17A.3, the Department on Aging hereby gives Notice of Intended Action to amend Chapter 2, “Department on Aging,” Iowa Administrative Code. This proposed amendment changes the divisions of the Department on Aging. New legislation was passed on the federal level related to the Office of the State Long-Term Care Ombudsman. On a monitoring visit, the Administration for Community Living noted that the organization of the Department was inconsistent with 45 CFR § 1324.11(c). The proposed amendment will put the Department in compliance with federal law. Any interested person may make written suggestions or comments on the proposed amendment on or before December 26, 2017. Such written comments or suggestions should be directed to Brian Majeski, Iowa Department on Aging, Jessie M. Parker Building, 510 E. 12th Street, Des Moines, Iowa 50319. Email may be sent to brian.majeski@iowa.gov. After analysis and review of this rule making, no adverse impact on jobs has been found. This amendment is intended to implement Iowa Code section 231.22. The following amendment is proposed.
ITEM 1. Amend rule 17—2.5(231) as follows:17—2.5(231) Organizational units of the department. The department’s activities are performed by employees within the office of the director and threetwo divisions. Grants will be managed by the appropriate division, dependent upon the source and intended use of funds. 2.5(1) Office of the director. The office of the director may be comprised of the director, the assistant director, the state long-term care ombudsman, the policy coordinator, the public information officer, and other personnel. This office is responsible for the overall planning, policy, management and operations of the department. 2.5(2) Division of programs, planning, and administration. The responsibilities of the division of programs, planning, and administration include the development and operation of home- and community-based programs, development of program and operational budgets,providing leadership and direction for the integration of policy development, ensuring that policies are consistent with department goals and results, and accounting and administrative control of appropriation expenditures. 2.5(3) Division of policy and planning. The responsibilities of the division of policy and planning include providing leadership and direction for the integration of policy development and ensuring that policies are consistent with department goals and results. 2.5(4) Division of elder rights. The responsibilities of the division of elder rights include development, administration, and operation of the program and budget for the office of the state long-term care ombudsman and other programs impacting elder rights. 2.5(3) Office of the state long-term care ombudsman. The responsibilities of the state long-term care ombudsman include development, administration, and operation of the program and allocated budget to provide advocacy for individuals residing in long-term care. ARC 3479CAging, Department on[17]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 231.42 and 17A.3, the Department on Aging hereby gives Notice of Intended Action to amend Chapter 8, “Long-Term Care Ombudsman,” Iowa Administrative Code. This proposed amendment changes the rule related to the Certified Volunteer Long-Term Care Ombudsman Program. New legislation was passed on the federal level related to the Office of the State Long-Term Care Ombudsman. On a monitoring visit, the Administration for Community Living noted that the subrule regarding access to residents was inconsistent with 45 CFR § 1324.11(e)(2)(ii). This amendment will put the Department in compliance with federal law. Any interested person may make written suggestions or comments on the proposed amendment on or before December 26, 2017. Such written comments or suggestions should be directed to Brian Majeski, Iowa Department on Aging, Jessie M. Parker Building, 510 E. 12th Street, Des Moines, Iowa 50319. Email may be sent to brian.majeski@iowa.gov. After analysis and review of this rule making, no adverse impact on jobs has been found. This amendment is intended to implement Iowa Code section 231.45. The following amendment is proposed.
ITEM 1. Rescind paragraph 8.6(10)"c".ARC 3477CDental Board[650]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 147.2, 153.15A, 153.21, 153.33B, and 153.39, the Dental Board hereby gives Notice of Intended Action to amend Chapter 11, “Licensure to Practice Dentistry or Dental Hygiene,” and Chapter 20, “Dental Assistants,” Iowa Administrative Code. The purpose of the proposed amendments is to implement a clearer pathway for the review of applications for license, permit, registration or qualification, which include information requiring additional review prior to issuance; how to determine when a license or registration should be issued; and when an application must be forwarded to the Dental Hygiene Committee or the Board for final review and decision prior to issuance. Any interested person may make written comments on the proposed amendments on or before January 9, 2018. Such written materials should be directed to Phil McCollum, Associate Director, Iowa Dental Board, 400 S.W. Eighth Street, Suite D, Des Moines, Iowa 50309; or sent by email to phil.mccollum@iowa.gov. There will be a public hearing on January 9, 2018, at 2 p.m. in the Board office, 400 S.W. Eighth Street, Suite D, Des Moines, Iowa, at which time persons may present their views orally or in writing. The proposed amendments to Chapters 11 and 20 are subject to waiver or variance pursuant to 650—Chapter 7. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code sections 147.2, 153.15A, 153.21, 153.33B, and 153.39. The following amendments are proposed.
ITEM 1. Amend rule 650—11.8(147,153) as follows:650—11.8(147,153) Review of applications. Upon receipt of a completed application, the executive director as authorized by the board has discretion to:- Authorize the issuance of the license,or permit, or registration.
- Refer the license,or permit, or registration application to the licenseand registration committee for review and consideration when the executive director determines that matters including, but not limited to, prior criminal history, chemical dependence, competency, physical or psychological illness, malpractice claims or settlements, or professional disciplinary history are relevant in determining the applicants’ qualifications for license,or permit, or registration.
- Authorize the issuance of the registration or qualification.
- Refer the registration or qualification application to the license and registration committee for review and consideration when the executive director determines that matters including, but not limited to, prior criminal history, chemical dependence, competency, physical or psychological illness, malpractice claims or settlements, or professional disciplinary history are relevant in determining the applicants’ qualifications for registration or qualification.
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 13, “Issuance of Teacher Licenses and Endorsements,” Chapter 15, “Special Education Support Personnel Authorizations,” Chapter 16, “Statements of Professional Recognition (SPR),” and Chapter 18, “Issuance of Administrator Licenses and Endorsements”; to rescind Chapter 21, “Conversion Information”; and to amend Chapter 22, “Authorizations,” and Chapter 27, “Issuance of Professional Service Licenses,” Iowa Administrative Code. The proposed amendments address inconsistencies and unnecessary language identified during a review of the Board’s rules. These amendments would clarify language regarding temporary permits and conditional licensure, would eliminate redundant language regarding endorsements, and would make other minor corrections. Any interested person may make written comments or suggestions on the proposed amendments before 4 p.m. on Friday, December 29, 2017. Written comments and suggestions should be addressed to Kim Cunningham, Board Secretary, Board of Educational Examiners, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa 50319-0147; or sent by email to kim.cunningham@iowa.gov; or by fax to (515)281-7669. Any interested party or persons may present their views either orally or in writing at the public hearing that will be held Wednesday, December 27, 2017, at 1 p.m. in Room 3SW, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments. Persons who wish to make oral presentations at the public hearing may contact the Executive Director, Board of Educational Examiners, at the above address, or at (515)281-5849, prior to the date of the public hearing. Any person who intends to attend the public hearing and requires special accommodations for specific needs, such as a sign language interpreter, should contact the office of the Executive Director at (515)281-5849. These amendments are subject to waiver pursuant to 282—Chapter 6. After analysis and review of this rule making, there is no anticipated impact on jobs. These amendments are intended to implement Iowa Code sections 272.2(1)“a” and 272.28. The following amendments are proposed.
ITEM 1. Amend subrule 13.1(2) as follows: 13.1(2) Temporary permits. The executive director may issue a temporary permit to an applicant for any type of license, certification, or authorization issued by the board, after receipt of a fully completed application; determination that the applicant meets all applicable prerequisites for issuance of the license, certification, or authorization; and satisfactory evaluation of the Iowa criminal history background check.and registries and records check set forth in 13.1(1)“b” and “c.” The temporary permit shall serve as evidence of the applicant’s authorization to hold a position in Iowa schools, pending the satisfactory completion of the national criminal history background check. The temporary permit shall expire upon issuance of the requested license, certification, or authorization or 90 days from the date of issuance of the permit, whichever occurs first, unless the temporary permit is extended upon a finding of good cause by the executive director. ITEM 2. Amend rule 282—13.11(272) as follows:282—13.11(272) Specific requirements for a Class B license. A Class B license, which is valid for two years and which is nonrenewable, may be issued to an individual under the following conditions: 13.11(1) Endorsement in progress. The individual has a valid initial, standard, master educator, permanent professional, Class A extension, exchange, or professional service license and one or more endorsements but is seeking to obtain some other endorsement. A Class B license may be issued if requested by an employer and if the individual seeking to obtain some other endorsement has completed at least two-thirds of the requirements, or one-half of the content requirements in a state-designated shortage area, leading to completion of all requirements for the endorsement. A Class B license may not be issued for the driver’s education endorsement. 13.11(2) Program of study for special education endorsement. The college or university must outline the program of study necessary to meet the special education endorsement requirementsfor specified areas. This program of study must be attached to the application. 13.11(3) Request for executive director decision. If the minimum content requirements have not been met for the Class B license, a one-year executive director decision license may be issued if requested by the school district and if the school district can demonstrate that a candidate with the proper endorsement was not found after a diligent search. The executive director decision license may not be renewed and will expire on June 30 of the fiscal year in which it was issued. 13.11(4) Expiration. The Class B license will expire on June 30 of the fiscal year in which it was issued plus one year. ITEM 3. Adopt the following new rule 282—13.20(272):282—13.20(272) Permanent professional certificates. Effective October 1, 1988, the permanent professional certificate will no longer be issued. Any permanent professional certificate issued prior to October 1, 1988, will continue in force with the endorsements and approvals appearing thereon, unless revoked or suspended for cause. If a permanent professional certificate is revoked and if the holder is able at a later date to overcome or remediate the reasons for the revocation, the holder may apply for the appropriate new class of license set forth in this chapter. ITEM 4. Amend rule 282—15.1(272) as follows:282—15.1(272) Authorizations requiring a license. 15.1(1) The following licenses are based on teaching endorsements. a. Special education consultant. b. Itinerant hospital services or home services teacher. c. Special education media specialist. d. b. Supervisor of special education—instructional. e. c. Work experience coordinator. 15.1(2) The following licenses areorientation and mobility specialist license is based on school-centered preparation, but the sequence of coursework does not permit service as a teacher. a. School psychologist. b. Speech-language pathologist. c. School audiologist. d. School social worker. e. Orientation and mobility specialist. f. Supervisor of special education—support. ITEM 5. Rescind and reserve rule 282—15.3(272). ITEM 6. Rescind and reserve rule 282—15.4(272). ITEM 7. Amend rule 282—15.6(272) as follows:282—15.6(272) Work experience coordinator. 15.6(1) Authorization. The holder of this endorsement is authorized to provide support service as a work experience coordinator to secondary school programs, grades 5-12 (and to a maximum allowable age in accordance with Iowa Code section 256B.8). 15.6(2) Program requirements. a. An applicant must hold a baccalaureate degree. b. Content. The coursework must include: (1) A course in career-vocational programming for special education students (if not included in the program for 5-12 endorsement). (2) A course in coordination of cooperative occupational education programs. (3) A course in career-vocational assessment and guidance of the handicappedfor those with disabilities. 15.6(3) Other. An applicant must hold a special education endorsement—grades 5-12. ITEM 8. Amend rule 282—16.1(272) as follows:282—16.1(272) Statement of professional recognition (SPR). 16.1(1) The following are authorizations requiring or permittingthat require or permit statements of professional recognition and licenses obtained from the professional licensure division, department of public health, or the board of nursingand that do not permit service as a teacher: a. School audiologist. b. School nurse. c. School occupational therapist. d. School physical therapist. e. School social worker. f. Special education nurse. g. Speech-language pathologist. 16.1(2) Application. Statements of professional recognition are issued upon application filed on a form provided by the board of educational examiners and upon completion of the background check requirements set forth in rule 282—13.1(272). ITEM 9. Amend rule 282—16.2(272) as follows:282—16.2(272) School audiologist. If an applicant has completed a master’s degree in audiology but has not completed the education sequence or chooses not to be certified, the applicant must obtain a license from the Iowa board of speech pathology and audiology, department of public health. Additionally, the person is required to obtain an SPR from the board of educational examiners. Alternatively, a person may meet the requirements for an endorsement in this area as set forth in 282—Chapter 15. 16.2(1) Authorization. The holder of this statement of professional recognition (or endorsement) is authorized to serve as a school audiologist to pupils from birth to age 21 who have hearing impairments (and to a maximum allowable age in accordance with Iowa Code section 256B.8). 16.2(2) Requirements. The special education director (or designee) of the area education agency must submit a letter requesting that the authorization be issued. The following documents must be included: a. A copy of a temporary or regular license issued from the professional licensure division, department of public health. b. An official transcript reflecting a master’s degree in audiology. 16.2(3) Validity. The SPR shall be valid for five years. 16.2(4) Temporary authorization. A temporary SPR will be issued for one school year. An approved human relations course must be completed before the start of the next school year. The applicant must provide evidence that: a. The applicant has completed the human relations component within the required time frame; and b. The class of license from the professional licensure division is a regular license in the event a temporary license was issued initially. ITEM 10. Amend rule 282—16.6(272) as follows:282—16.6(272) School social worker. A person who meets the requirements set forth below may be issued a statement of professional recognition (SPR) by the board of educational examiners. Alternatively, a person may meet the requirements for an endorsement in this area as set forth in 282—Chapter 15. 16.6(1) Authorization. An individual who meets the requirements of 282—subrule 15.7(4) or 16.6(2)The holder of this statement of professional recognition is authorized to serve as a school social worker to pupils from birth to age 21 (and to a maximum allowable age in accordance with Iowa Code section 256B.8). 16.6(2) Requirements. The special education director (or designee) of the area education agency or local education agency must submit an application to request that the authorization be issued. The application must include: a. An official transcript that reflects the master’s degree in social work; and b. The licensed independent social worker (LISW) or licensed master social worker (LMSW) license issued by the Iowa board of social work. 16.6(3) Validity. The SPR shall be valid for five years. 16.6(4) Temporary authorization. A temporary SPR will be issued for one school year if the class of license from the professional licensure division is temporary. A regular SPR will be issued with verification of a regular license and a master’s degree in social work. ITEM 11. Amend rule 282—16.8(272) as follows:282—16.8(272) Speech-language pathologist. If an applicant has completed a master’s degree in speech pathology but has not completed the education sequence or chooses not to be certified, the applicant must obtain a license from the Iowa board of speech pathology and audiology, department of public health. Additionally, the person is required to obtain an SPR from the board of educational examiners. Alternatively, a person may meet the requirements for an endorsement in this area as set forth in 282—Chapter 21. 16.8(1) Authorization. The holder of this statement of professional recognition (or endorsement – see requirements set forth in 282—subrule 15.7(2)) is authorized to serve as a speech-language pathologist to pupils from birth to age 21 (and to a maximum allowable age in accordance with Iowa Code section 256B.8). 16.8(2) Requirements. The special education director (or designee) of the area education agency must submit a letter requesting that the authorization be issued. The following documents must be included: a. A copy of a temporary or regular license issued from the professional licensure division, department of public health. b. An official transcript reflecting a master’s degree in speech pathology. 16.8(3) Validity. The SPR shall be valid for five years. 16.8(4) Temporary authorization. A temporary SPR will be issued for one school year. An approved human relations course must be completed before the start of the next school year. The applicant must provide evidence that: a. The applicant has completed the human relations component within the required time frame; and b. The class of license from the professional licensure division is a regular license in the event a temporary license was issued initially. ITEM 12. Amend rule 282—18.1(272) as follows:282—18.1(272) All applicants desiring an Iowa administrator license. 18.1(1) Administrator licenses. Administrator licenses are issued upon application filed on a form provided by the board of educational examiners and upon completion of the background check requirements set forth in rule 282—13.1(272). 18.1(2) Temporary permits. The executive director may issue a temporary permit to an applicant for any type of license, certification, or authorization issued by the board, after receipt of a fully completed application; determination that the applicant meets all applicable prerequisites for issuance of the license, certification, or authorization; and satisfactory evaluation of the Iowa criminal history background check.and registries and records check set forth in 282—paragraphs 13.1(1)“b” and “c.” The temporary permit shall serve as evidence of the applicant’s authorization to hold a position in Iowa schools, pending the satisfactory completion of the national criminal history background check. The temporary permit shall expire upon issuance of the requested license, certification, or authorization or 90 days from the date of issuance of the permit, whichever occurs first, unless the temporary permit is extended upon a finding of good cause by the executive director. ITEM 13. Amend rule 282—18.14(272) as follows:282—18.14(272) Endorsements. 18.14(1) After the issuance of an administrator license, an individual may add other administrator endorsements to that license upon proper application, provided current requirements for that endorsement, as listed in rules 282—18.9(272) through 282—18.11(272), have been met. An updated license with expiration date unchanged from the original or renewed license will be prepared. 18.14(2) The applicant must follow one of these options: a. Identify with a recognized Iowa administrator preparing institution, meet that institution’s current requirements for the endorsement desired, and receive that institution’s recommendation; or b. Identify with a recognized non-Iowa administrator preparation institution and receive a statement that the applicant has completed the equivalent of the institution’s approved program for the endorsement sought.A transcript evaluation will also be required. ITEM 14. Rescind and reserve 282—Chapter 21. ITEM 15. Amend rule 282—22.2(272) as follows:282—22.2(272) Substitute authorization. A substitute authorization allows an individual to substitute in grades PK-12 for no more than 5 consecutive days and no more than 10 days in a 30-day period in one job assignment for a regularly assigned teacher who is absent, except in the driver’s education classroom. A school district administrator may file a written request with the board for an extension of the 10-day limit in one job assignment on the basis of documented need and benefit to the instructional program. The licensure committee will review the request and provide a written decision either approving or denying the request. An individual who holds a paraeducator certificate without a bachelor’s degree and completes the substitute authorization program is authorized to substitute only in the special education classroom in which the individual paraeducator is employed. For these individuals, the authorization will appear on the paraeducator certificate and will not include separate renewal requirements. 22.2(1) Application process. Any person interested in the substitute authorization shall submit records of credit to the board of educational examiners for an evaluation in terms of the required courses or contact hours. Application materials are available from the office of the board of educational examiners, online at http://www.boee.iowa.gov/ or from institutions or agencies offering approved courses or contact hours. a. Requirements.Applicants for the substitute authorization shall meet the following requirements: (1) Authorization program. Applicants must complete a board of educational examiners-approved substitute authorization program consisting of the following components and totaling a minimum of 15 clock hours:- Classroom management. This component includes an understanding of individual and group motivation and behavior to create a learning environment that encourages positive social interaction, active engagement in learning, and self-motivation.
- Strategies for learning. This component includes understanding and using a variety of learning strategies to encourage students’ development of critical thinking, problem solving, and performance skills.
- Diversity. This component includes understanding how students differ in their approaches to learning and creating learning opportunities that are equitable and are adaptable to diverse learners.
- Ethics. This component includes fostering relationships with parents, school colleagues, and organizations in the larger community to support students’ learning and development and to be aware of the board’s rules of professional practice and competent performance.
- Hold a baccalaureate degreeor higher from a regionally accredited institution.
- Completed an approved paraeducator certification program and hold a paraeducator certificate.
- A person is engaged in active duty in the military service of this state or of the United States.
- The application of this requirement would impose an undue hardship on the person for whom the waiver is requested.
- A person is practicing a licensed profession outside this state.
- A person is otherwise subject to circumstances that would preclude the person from satisfying the approved child and dependent adult abuse training in this state.
- The person has previously renewed a license or another authorization issued by the board of educational examiners and, at that time, reported the completion, within the past five years, of child and dependent adult abuse training approved by the state abuse education review panel.
- A new teachers’ workshop of a minimum of 30 clock hours and specified competencies, to be completed during the term of the initial authorization.
- 2Coursework in the methods and techniques of career and technical education.
- 3Coursework in course and curriculum development.
- 4Coursework in the measurement and evaluation of programs and students.
- 5An approved human relations course.
- 6Coursework in the instruction of exceptional learners to include the education of individuals with disabilities and the gifted and talented.
- School counselor.
- School psychologist.
- Speech-language pathologist.
- Supervisor of special education (support).
- Director of special education of an area education agency.
- School social worker.
- School audiologist.
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 13, “Issuance of Teacher Licenses and Endorsements,” Iowa Administrative Code. The first proposed amendment aligns with 2017 Iowa Acts, House File 642, which amends Iowa Code section 272.28 to include the Teacher Leadership and Compensation model as an option for new teacher mentoring. The second proposed amendment aligns with 2017 Iowa Acts, Senate File 274, which amends Iowa Code section 272.2 to direct the Iowa Board of Educational Examiners to establish a computer science endorsement. Any interested person may make written comments or suggestions on the proposed amendments before 4 p.m. on Friday, December 29, 2017. Written comments and suggestions should be addressed to Kim Cunningham, Board Secretary, Board of Educational Examiners, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa 50319-0147; or sent by email to kim.cunningham@iowa.gov; or by fax to (515)281-7669. Any interested party or persons may present their views either orally or in writing at the public hearing that will be held Wednesday, December 27, 2017, at 1 p.m. in Room 3SW, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments. Persons who wish to make oral presentations at the public hearing may contact the Executive Director, Board of Educational Examiners, at the above address, or at (515)281-5849, prior to the date of the public hearing. Any person who intends to attend the public hearing and requires special accommodations for specific needs, such as a sign language interpreter, should contact the office of the Executive Director at (515)281-5849. These amendments are subject to waiver pursuant to 282—Chapter 6. After analysis and review of this rule making, there is no anticipated impact on jobs. These amendments are intended to implement Iowa Code section 272.2 as amended by 2017 Iowa Acts, Senate File 274, and section 272.28 as amended by 2017 Iowa Acts, House File 642. The following amendments are proposed.
ITEM 1. Amend rule 282—13.7(272) as follows:282—13.7(272) Specific requirements for a standard license. A standard license valid for five years may be issued to an applicant who:- Meets the general requirements set forth in rule 282—13.5(272), and
- Shows evidence of successful completion of a state-approved mentoring and induction programor mentoring through a state-approved career, leadership, and compensation framework by meeting the Iowa teaching standards as determined by a comprehensive evaluation and two years’ successful teaching experience within the applicant’s approved endorsement area(s). In lieu of completion of an Iowa state-approved mentoring and induction program, the applicant must provide evidence of three years’ successful teaching experience within the applicant’s approved endorsement area(s) at any of the following:
- Work collaboratively with teachers to develop a literacy curriculum that has vertical and horizontal alignment K-12 and that uses instructional approaches supported by literature and research for the following areas: print, phonemic awareness, phonics, fluency, comprehension, vocabulary, writing, critical thinking, and motivation.
- Support classroom teachers to implement and adapt in-depth instructional approaches, including but not limited to approaches to improve decoding, comprehension, and information retention, to meet the language-proficiency needs of English language learners and the needs of students with reading difficulties or reading disabilities, including appropriate interventions, remediation, assistive technology, and classroom accommodations for students with dyslexia and other difficulties within or outside the regular classroom.
- Demonstrate a knowledge of a wide variety of quality traditional print, digital, and online resources and support classroom teachers in building and using a quality, accessible classroom library and materials collection that meets the specific needs and abilities of all learners.
- Provide support for curriculum and instruction through modeling, coteaching, observing, planning, reviewing literacy data, and providing resources.
- Demonstrate an understanding of the literature and research related to assessments and their purposes, including the strengths and limitations of assessments, and assessment tools for screening, diagnosis, progress monitoring, and measuring outcomes; demonstrate an understanding of the signs and symptoms of reading difficulties including but not limited to dyslexia; and also demonstrate an understanding of district and state assessments, proficiency standards and student benchmarks.
- Select, administer, and interpret assessments for specific purposes, including collaboration with teachers in the analysis of data, and leading schoolwide or districtwide scale analyses to select assessment tools that provide a systemic framework for assessing reading, writing, and language growth of all students, including those with reading difficulties and reading disabilities including but not limited to students with dyslexia and English language learners.
- Use assessment information to plan and evaluate instruction, including multiple data sources for analysis and instructional planning, for examining the effectiveness of specific intervention practices and students’ responses to interventions including appropriate interventions, remediation, assistive technology, and classroom accommodations for students with dyslexia and other difficulties, and to plan professional development initiatives.
- Communicate assessment results and implications to a variety of audiences.
- Demonstrate foundational knowledge of adult learning theories and related research about organizational change, professional development, and school culture.
- Demonstrate the practical application of literacy leadership including planning, developing, supervising, and evaluating literacy programs at all levels.
- Demonstrate knowledge of supervising an overall reading program, including but not limited to staffing; budgetary practices; planning, preparing, and selecting materials; subsystems; special provisions; and evaluating teacher performance.
- Participate in, design, facilitate, lead, and evaluate effective and differentiated professional development programs to effectively implement literacy instruction.
- Demonstrate an understanding of local, state, and national policies that affect reading and writing instruction.
- Promote effective communication and collaboration among stakeholders, including parents and guardians, teachers, administrators, policymakers, and community members, and advocate for change when necessary to promote effective literacy instruction.
- Understand the nature of scientific inquiry, its central role in science, and how to use the skills and processes of scientific inquiry.
- Understand the fundamental facts and concepts in major science disciplines.
- Be able to make conceptual connections within and across science disciplines, as well as to mathematics, technology, and other school subjects.
- Be able to use scientific understanding when dealing with personal and societal issues.
- Understand and apply knowledge of energy in the earth system.
- Understand and apply knowledge of geochemical cycles.
- Understand and apply knowledge of the cell.
- Understand and apply knowledge of the molecular basis of heredity.
- Understand and apply knowledge of the interdependence of organisms.
- Understand and apply knowledge of matter, energy, and organization in living systems.
- Understand and apply knowledge of the behavior of organisms.
- Understand and apply knowledge of the structure of atoms.
- Understand and apply knowledge of the structure and properties of matter.
- Understand and apply knowledge of motions and forces.
- Understand and apply knowledge of interactions of energy and matter.
- Understand and apply knowledge of chemical reactions.
- Be able to design and conduct scientific investigations.
- 12 credits of physics to include coursework in mechanics, electricity, and magnetism; and
- A methods class that includes inquiry-based instruction, resource management, and laboratory safety.
- Nine semester hours of credit in earth and space science to include the following essential concepts and skills:
- Understand and apply knowledge of energy in the earth system.
- Understand and apply knowledge of geochemical cycles.
- Understand and apply knowledge of the origin and evolution of the earth system.
- Understand and apply knowledge of the origin and evolution of the universe.
- Nine semester hours of credit in life science/biological science to include the following essential concepts and skills:
- Understand and apply knowledge of the cell.
- Understand and apply knowledge of the molecular basis of heredity.
- Understand and apply knowledge of the interdependence of organisms.
- Understand and apply knowledge of matter, energy, and organization in living systems.
- Understand and apply knowledge of the behavior of organisms.
- Understand and apply knowledge of biological evolution.
- Nine semester hours of credit in physics/physical science to include the following essential concepts and skills:
- Understand and apply knowledge of the structure of atoms.
- Understand and apply knowledge of the structure and properties of matter.
- Understand and apply knowledge of motions and forces.
- Understand and apply knowledge of interactions of energy and matter.
- Understand and apply knowledge of conservation of energy and increase in disorder.
- Nine semester hours of credit in chemistry to include the following essential concepts and skills:
- Understand and apply knowledge of chemical reactions.
- Be able to design and conduct scientific investigations.
- Understand the nature of scientific inquiry, its central role in science, and how to use the skills and processes of scientific inquiry.
- Understand the fundamental facts and concepts in major science disciplines.
- Be able to make conceptual connections within and across science disciplines, as well as to mathematics, technology, and other school subjects.
- Be able to use scientific understanding when dealing with personal and societal issues.
- Methods and curriculum to include the following:
- Bilingual and ESL methods.
- Literacy in native and second language.
- Methods for subject matter content.
- Adaptation and modification of curriculum.
- Assessment to include language proficiency and academic content.
- Psycholinguistics and sociolinguistics.
- Language acquisition and proficiency to include the following:
- Knowledge of first and second language proficiency.
- Knowledge of first and second language acquisition.
- Language to include structure and grammar of English.
- History.
- Theory, models, and research.
- Policy and legislation.
- Practitioners collaborate with other teachers to integrate developmentally appropriate literature in multiple formats to support literacy in children.
- Practitioners demonstrate knowledge of resources and strategies to foster leisure reading and model personal enjoyment of reading among children, based on familiarity with selection tools and current trends in literature for children.
- Practitioners teach multiple strategies to locate, analyze, evaluate, and ethically use information in the context of inquiry-based learning.
- Practitioners advocate for flexible and open access to library resources, both physical and virtual.
- Practitioners uphold and promote the legal and ethical codes of their profession, including privacy, confidentiality, freedom and equity of access to information.
- Practitioners use skills and knowledge to assess reference sources, services, and tools in order to mediate between information needs and resources to assist learners in determining what they need.
- Practitioners model and facilitate authentic learning with current and emerging digital tools for locating, analyzing, evaluating and ethically using information resources to support research, learning, creating, and communicating in a digital society.
- Practitioners demonstrate knowledge of creative and innovative uses of technologies to engage students and facilitate higher-level thinking.
- Practitioners develop an articulated information literacy curriculum grounded in research related to the information search process.
- Practitioners evaluate and select print, nonprint, and digital resources using professional selection tools and evaluation criteria to develop and manage a quality collection designed to meet the diverse curricular, personal, and professional needs of the educational community.
- Practitioners demonstrate knowledge necessary to organize the library collections according to current standard library cataloging and classification principles.
- Practitioners develop policies and procedures to support ethical use of information, intellectual freedom, selection and reconsideration of library materials, and the privacy of users.
- Practitioners develop strategies for working with regular classroom teachers, support services personnel, paraprofessionals, and other individuals involved in the educational program.
- Practitioners apply knowledge of learning styles, stages of human growth and development, and cultural influences of learning at the elementary level.
- Practitioners implement the principles of effective teaching and learning that contribute to an active, inquiry-based approach to learning in a digital environment at the elementary level.
- Practitioners understand the teacher librarian role in curriculum development and the school improvement process at the elementary level.
- Practitioners collaborate to integrate information literacy and emerging technologies into content area curricula at the elementary level.
- Practitioners collaborate with other teachers to integrate developmentally appropriate literature in multiple formats to support literacy in young adults.
- Practitioners demonstrate knowledge of resources and strategies to foster leisure reading and model personal enjoyment of reading among young adults, based on familiarity with selection tools and current trends in literature for young adults.
- Practitioners teach multiple strategies to locate, analyze, evaluate, and ethically use information in the context of inquiry-based learning.
- Practitioners advocate for flexible and open access to library resources, both physical and virtual.
- Practitioners uphold and promote the legal and ethical codes of their profession, including privacy, confidentiality, freedom and equity of access to information.
- Practitioners use skills and knowledge to assess reference sources, services, and tools in order to mediate between information needs and resources to assist learners in determining what they need.
- Practitioners model and facilitate authentic learning with current and emerging digital tools for locating, analyzing, evaluating and ethically using information resources to support research, learning, creating, and communicating in a digital society.
- Practitioners demonstrate knowledge of creative and innovative uses of technologies to engage students and facilitate higher-level thinking.
- Practitioners develop an articulated information literacy curriculum grounded in research related to the information search process.
- Practitioners evaluate and select print, nonprint, and digital resources using professional selection tools and evaluation criteria to develop and manage a quality collection designed to meet the diverse curricular, personal, and professional needs of the educational community.
- Practitioners demonstrate knowledge necessary to organize the library collections according to current standard library cataloging and classification principles.
- Practitioners develop policies and procedures to support ethical use of information, intellectual freedom, selection and reconsideration of library materials, and the privacy of users.
- Practitioners develop strategies for working with regular classroom teachers, support services personnel, paraprofessionals, and other individuals involved in the educational program.
- Practitioners apply knowledge of learning styles, stages of human growth and development, and cultural influences of learning at the secondary level.
- Practitioners implement the principles of effective teaching and learning that contribute to an active, inquiry-based approach to learning in a digital environment at the secondary level.
- Practitioners understand the teacher librarian role in curriculum development and the school improvement process at the secondary level.
- Practitioners collaborate to integrate information literacy and emerging technologies into content area curricula at the secondary level.
- Practitioners collaborate with other teachers to integrate developmentally appropriate literature in multiple formats to support literacy for youth of all ages.
- Practitioners demonstrate knowledge of resources and strategies to foster leisure reading and model personal enjoyment of reading, based on familiarity with selection tools and current trends in literature for youth of all ages.
- Practitioners understand how to develop a collection of reading and informational materials in print and digital formats that supports the diverse developmental, cultural, social and linguistic needs of all learners and their communities.
- Practitioners model and teach reading comprehension strategies to create meaning from text for youth of all ages.
- Practitioners teach multiple strategies to locate, analyze, evaluate, and ethically use information in the context of inquiry-based learning.
- Practitioners advocate for flexible and open access to library resources, both physical and virtual.
- Practitioners uphold and promote the legal and ethical codes of their profession, including privacy, confidentiality, freedom and equity of access to information.
- Practitioners use skills and knowledge to assess reference sources, services, and tools in order to mediate between information needs and resources to assist learners in determining what they need.
- Practitioners model and facilitate authentic learning with current and emerging digital tools for locating, analyzing, evaluating and ethically using information resources to support research, learning, creating, and communicating in a digital society.
- Practitioners demonstrate knowledge of creative and innovative uses of technologies to engage students and facilitate higher-level thinking.
- Practitioners develop an articulated information literacy curriculum grounded in research related to the information search process.
- Practitioners understand the process of collecting, interpreting, and using data to develop new knowledge to improve the school library program.
- Practitioners employ the methods of research in library and information science.
- Practitioners evaluate and select print, nonprint, and digital resources using professional selection tools and evaluation criteria to develop and manage a quality collection designed to meet the diverse curricular, personal, and professional needs of the educational community.
- Practitioners demonstrate knowledge necessary to organize the library collections according to current standard library cataloging and classification principles.
- Practitioners develop policies and procedures to support ethical use of information, intellectual freedom, selection and reconsideration of library materials, and the privacy of users of all ages.
- Practitioners develop strategies for working with regular classroom teachers, support services personnel, paraprofessionals, and other individuals involved in the educational program.
- Practitioners demonstrate knowledge of best practices related to planning, budgeting (including alternative funding), organizing, and evaluating human and information resources and facilities to ensure equitable access.
- Practitioners understand strategic planning to ensure that the school library program addresses the needs of diverse communities.
- Practitioners advocate for school library and information programs, resources, and services among stakeholders.
- Practitioners promote initiatives and partnerships to further the mission and goals of the school library program.
- Practitioners apply knowledge of learning styles, stages of human growth and development, and cultural influences of learning at the elementary and secondary levels.
- Practitioners implement the principles of effective teaching and learning that contribute to an active, inquiry-based approach to learning in a digital environment at the elementary and secondary levels.
- Practitioners understand the teacher librarian role in curriculum development and the school improvement process at the elementary and secondary levels.
- Practitioners collaborate to integrate information literacy and emerging technologies into content area curricula.
- Social needs.
- Emotional needs.
- Prekindergarten-12 identification.
- Differentiation strategies.
- Collaborative teaching skills.
- Program goals and performance measures.
- Program evaluation.
- Develop strategies for facilitating development through the transition from childhood to adolescence and from adolescence to young adulthood.
- Apply knowledge of learning and personality development to assist students in developing their full potential.
- Demonstrate awareness of and sensitivity to the unique social, cultural, and economic circumstances of students and their racial/ethnic, gender, age, physical, and learning differences.
- Demonstrate sensitivity to the nature and the functioning of the student within the family, school and community contexts.
- Demonstrate the counseling and consultation skills needed to facilitate informed and appropriate action in response to the needs of students.
- Employ effective counseling and consultation skills with students, parents, colleagues, administrators, and others.
- Communicate effectively with parents, colleagues, students and administrators.
- Counsel students in the areas of personal, social, academic, and career development.
- Assist families in helping their children address the personal, social, and emotional concerns and problems that may impede educational progress.
- Implement developmentally appropriate counseling interventions with children and adolescents.
- Demonstrate the ability to negotiate and move individuals and groups toward consensus or conflict resolution or both.
- Refer students for specialized help when appropriate.
- Value the well-being of the students as paramount in the counseling relationship.
- Implement developmentally appropriate interventions involving group dynamics, counseling theories, group counseling methods and skills, and other group work approaches.
- Apply knowledge of group counseling in implementing appropriate group processes for elementary, middle school, and secondary students.
- Assist students in the assessment of their individual strengths, weaknesses, and differences, including those that relate to academic achievement and future plans.
- Apply knowledge of career assessment and career choice programs.
- Implement occupational and educational placement, follow-up and evaluation.
- Develop a counseling network and provide resources for use by students in personalizing the exploration of postsecondary educational opportunities.
- Demonstrate individual and group approaches to assessment and evaluation.
- Demonstrate an understanding of the proper administration and uses of standardized tests.
- Apply knowledge of test administration, scoring, and measurement concerns.
- Apply evaluation procedures for monitoring student achievement.
- Apply assessment information in program design and program modifications to address students’ needs.
- Apply knowledge of legal and ethical issues related to assessment and student records.
- Apply knowledge of history, roles, organizational structures, ethics, standards, and credentialing.
- Maintain a high level of professional knowledge and skills.
- Apply knowledge of professional and ethical standards to the practice of school counseling.
- Articulate the professional school counselor role to school personnel, parents, community, and students.
- Design, implement, and evaluate a comprehensive, developmental school counseling program.
- Implement and evaluate specific strategies designed to meet program goals and objectives.
- Consult and coordinate efforts with resource persons, specialists, businesses, and agencies outside the school to promote program objectives.
- Provide information appropriate to the particular educational transition and assist students in understanding the relationship that their curricular experiences and academic achievements will have on subsequent educational opportunities.
- Assist parents and families in order to provide a supportive environment in which students can become effective learners and achieve success in pursuit of appropriate educational goals.
- Provide training, orientation, and consultation assistance to faculty, administrators, staff, and school officials to assist them in responding to the social, emotional, and educational development of all students.
- Collaborate with teachers, administrators, and other educators in ensuring that appropriate educational experiences are provided that allow all students to achieve success.
- Assist in the process of identifying and addressing the needs of the exceptional student.
- Apply knowledge of legal and ethical issues related to child abuse and mandatory reporting.
- Advocate for the educational needs of students and work to ensure that these needs are addressed at every level of the school experience.
- Promote use of school counseling and educational and career planning activities and programs involving the total school community to provide a positive school climate.
- Apply effective classroom management strategies as demonstrated in delivery of classroom and large group school counseling curriculum.
- Consult with teachers and parents about effective classroom management and behavior management strategies.
- Write classroom lessons including objectives, learning activities, and discussion questions.
- Utilize various methods of evaluating what students have learned in classroom lessons.
- Demonstrate competency in conducting classroom and other large group activities, utilizing an effective lesson plan design, engaging students in the learning process, and employing age-appropriate classroom management strategies.
- Design a classroom unit of developmentally appropriate learning experiences.
- Demonstrate knowledge in writing standards and benchmarks for curriculum.
- Identify and consult with teachers about how to create a positive learning environment utilizing such factors as effective classroom management strategies, building a sense of community in the classroom, and cooperative learning experiences.
- Identify and consult with teachers regarding teaching strategies designed to motivate students using small group learning activities, experiential learning activities, student mentoring programs, and shared decision-making opportunities.
- Demonstrate knowledge of child and adolescent development and identify developmentally appropriate teaching and learning strategies.
- Using research-based content teaching strategies;
- Integrating appropriate technology into the learning experiences for the specific content;
- Engaging the learner in the content through knowledge of learner needs and interests;
- Using reflective thinking to solve problems in the content area;
- Making data-driven decisions in the content area;
- Utilizing project-based learning in the content area;
- Developing critical thinking skills in the content area;
- Forming partnerships to collaborate with content experts within the community;
- Relating content with other content areas;
- Facilitating content learning in large and small teams;
- Implementing response to intervention (RTI) to close achievement gaps in the content area.
- Completion of a minimum of 12 semester hours of college-level science.
- Completion of a minimum of 12 semester hours of college-level math (or the completion of Calculus I) to include coursework in computer programming.
- Completion of a minimum of 3 semester hours of coursework in content or pedagogy of engineering and technological design that includes engineering design processes or programming logic and problem-solving models and that may be met through either of the following:
- Engineering and technological design courses for education majors;
- Technology or engineering content coursework.
- Completion of a minimum of 6 semester hours of required coursework in STEM curriculum and methods to include the following essential concepts and skills:
- Comparing and contrasting the nature and goals of each of the STEM disciplines;
- Promoting learning through purposeful, authentic, real-world connections;
- Integration of content and context of each of the STEM disciplines;
- Interdisciplinary/transdisciplinary approaches to teaching (including but not limited to problem-based learning and project-based learning);
- Curriculum and standards mapping;
- Engaging subject-matter experts (including but not limited to colleagues, parents, higher education faculty/students, business partners, and informal education agencies) in STEM experiences in and out of the classroom;
- Assessment of integrative learning approaches;
- Information literacy skills in STEM;
- Processes of science and scientific inquiry;
- Mathematical problem-solving models;
- Communicating to a variety of audiences;
- Classroom management in project-based classrooms;
- Instructional strategies for the inclusive classroom;
- Computational thinking;
- Mathematical and technological modeling.
- Completion of a STEM field experience of a minimum of 30 contact hours that may be met through the following:
- Completing a STEM research experience;
- Participating in a STEM internship at a STEM business or informal education organization; or
- Leading a STEM extracurricular activity.
- Completion of a minimum of 12 semester hours of college-level science.
- Completion of a minimum of 12 semester hours of college-level math (or the completion of Calculus I) to include coursework in computer programming.
- Completion of a minimum of 3 semester hours of coursework in content or pedagogy of engineering and technological design that includes engineering design processes or programming logic and problem-solving models and that may be met through either of the following:
- Engineering and technological design courses for education majors;
- Technology or engineering content coursework.
- Completion of a minimum of 6 semester hours of required coursework in STEM curriculum and methods to include the following essential concepts and skills:
- Comparing and contrasting the nature and goals of each of the STEM disciplines;
- Promoting learning through purposeful, authentic, real-world connections;
- Integration of content and context of each of the STEM disciplines;
- Interdisciplinary/transdisciplinary approaches to teaching (including but not limited to problem-based learning and project-based learning);
- Curriculum and standards mapping;
- Engaging subject-matter experts (including but not limited to colleagues, parents, higher education faculty/students, business partners, and informal education agencies) in STEM experiences in and out of the classroom;
- Assessment of integrative learning approaches;
- Information literacy skills in STEM;
- Processes of science and scientific inquiry;
- Mathematical problem-solving models;
- Communicating to a variety of audiences;
- Classroom management in project-based classrooms;
- Instructional strategies for the inclusive classroom;
- Computational thinking;
- Mathematical and technological modeling.
- Completion of a STEM field experience of a minimum of 30 contact hours that may be met through the following:
- Completing a STEM research experience;
- Participating in a STEM internship at a STEM business or informal education organization; or
- Leading a STEM extracurricular activity.
- The applicant must have met the requirements for a standard Iowa teaching license and a teaching endorsement in mathematics, science, engineering, industrial technology, or agriculture.
- The applicant must hold a master’s degree from a regionally accredited institution. The master’s degree must be in math, science, engineering or technology or another area with at least 12 hours of college-level science and at least 12 hours of college-level math (or completion of Calculus I) to include coursework in computer programming.
- Completion of a minimum of 3 semester hours of coursework in content or pedagogy of engineering and technological design that includes engineering design processes or programming logic and problem-solving models and that may be met through either of the following:
- Engineering and technological design courses for education majors;
- Technology or engineering content coursework.
- Completion of 9 semester hours in professional development to include the following essential concepts and skills:
- STEM curriculum and methods:- Comparing and contrasting the nature and goals of each of the STEM disciplines;- Promoting learning through purposeful, authentic, real-world connections;- Integration of content and context of each of the STEM disciplines;- Interdisciplinary/transdisciplinary approaches to teaching (including but not limited to problem-based learning and project-based learning);- Curriculum/standards mapping;- Assessment of integrative learning approaches;- Information literacy skills in STEM;- Processes of science/scientific inquiry;- Mathematical problem-solving models;- Classroom management in project-based classrooms;- Instructional strategies for the inclusive classroom;- Computational thinking;- Mathematical and technological modeling.
- STEM experiential learning:- Engaging subject-matter experts (including but not limited to colleagues, parents, higher education faculty/students, business partners, and informal education agencies) in STEM experiences in and out of the classroom;- STEM research experiences;- STEM internship at a STEM business or informal education organization;- STEM extracurricular activity;- Communicating to a variety of audiences.
- Leadership in STEM:- STEM curriculum development and assessment;- Curriculum mapping;- Assessment of student engagement;- STEM across the curriculum;- Research on best practices in STEM;- STEM curriculum accessibility for all students.
- Completion of an internship/externship professional experience or prior professional experience in STEM for a minimum of 90 contact hours.
- Foundations of career and technical education.
- Methods of career and technical education.
- Evaluation and assessment of career and technical programs.
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 93, the Department hereby gives Notice of Intended Action to amend Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” and Chapter 83, “Medicaid Waiver Services,” Iowa Administrative Code. These amendments will change the rate-setting methodology used to develop supported community living (SCL), day habilitation, and adult day care service rates in the home- and community-based services (HCBS) intellectual disability waiver. The SCL methodology will change from the current retrospectively limited prospective rate-setting process to a fee schedule using a tiered-rate methodology. Day habilitation and adult day care service rates are currently established through a fee schedule but will be changed to a fee schedule using tiered rates. The tiered-rate methodology establishes a tiered system of reimbursement based on the identified acuity level from the results of the Supports Intensity Scale® (SIS) core standardized assessment. The move to tiered rates will be cost-neutral to the Department. The tiered-rate funding methodology will assign a standardized service rate based on member need unlike the current methodology of services reimbursement based on provider costs. With this change, some providers will see increased revenues compared to current service reimbursement for the members currently served and other providers will see decreased revenues. Any interested person may make written comments on the proposed amendments on or before December 26, 2017. Comments should be directed to Harry Rossander, Bureau of Policy Coordination, Department of Human Services, Hoover State Office Building, Fifth Floor, 1305 East Walnut Street, Des Moines, Iowa 50319-0114. Comments may be sent by fax to (515)281-4980 or by email to policyanalysis@dhs.state.ia.us. These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). These amendments were also Adopted and Filed Emergency and are published herein as ARC 3481C. The purpose of this Notice of Intended Action is to solicit public comment on that submission, the subject matter of which is incorporated by reference. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 93.
ARC 3472CInspections and Appeals Department[481]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 10A.104(5) and 135C.14, the Department of Inspections and Appeals hereby gives Notice of Intended Action to amend Chapter 57, “Residential Care Facilities,” Iowa Administrative Code. Iowa Code section 135C.2(3)“b” allows the Department to establish by administrative rule special classifications within the residential care facility category for facilities intended to serve individuals who have special health care problems or conditions in common. Currently, Chapter 63 applies to residential care facilities for persons with an intellectual disability (RCFs/ID). After reviewing several chapters, the Department has determined that an entire chapter specific to RCFs/ID is not necessary as many of the provisions of Chapter 63 overlap with those in Chapter 57. These proposed amendments add licensure for RCFs/ID to Chapter 57, “Residential Care Facilities.” In a Notice of Intended Action published simultaneously with this Notice (see ARC 3475C herein), the Department is rescinding Chapter 63 and adopting in lieu thereof a new Chapter 63 specific to three- to five-bed residential care facilities. The Department does not believe that the proposed amendments pose a financial hardship on any regulated entity or individual. Adoption of the proposed amendments eliminates redundant Iowa Administrative Code language. The State Board of Health initially reviewed the proposed amendments at its November 8, 2017, meeting. Any interested person may make written suggestions or comments on the proposed amendments on or before December 26, 2017. Such written materials should be addressed to the Director, Department of Inspections and Appeals, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0083; faxed to (515)242-6863; or emailed to david.werning@dia.iowa.gov. Additionally, there will be a public hearing on January 3, 2018, at 10 a.m. in Room 319 of the Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the rules. Any person who intends to attend the public hearing and has special requirements, such as those relating to hearing or mobility impairments, should contact the Department of Inspections and Appeals and advise of specific needs. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 135C.14. The following amendments are proposed.
ITEM 1. Amend rule 481—57.1(135C), introductory paragraph, as follows:481—57.1(135C) Definitions. For the purposes of these rules, the following terms shall have the meanings indicated in this rule.The following definitions apply to this chapter and to 481—Chapter 62. The definitions set out in Iowa Code section 135C.1 shall be considered to be incorporated verbatim in these rules. ITEM 2. Amend rule 481—57.6(135C) as follows:481—57.6(135C) Special classification—memory careclassifications. 57.6(1) Memory care. a. Designation and application.A residential care facility may choose to care for residents who require memory care in a distinct part of the facility or designate the entire residential care facility as one that provides memory care. Residents in the memory care unit or facility shall meet the level of care requirements for a residential care facility. “Memory care” in a residential care facility means the care of persons with early Alzheimer’s-type dementia or other disorders causing dementia. (I, II, III) a. (1) Application for approval to provide this category of care shall be submitted by the licensee on a form provided by the department. (III) b. (2) Plans to modify the physical environment shall be submitted to the department for review based on the requirements of 481—Chapter 60. (III) c. (3) If the unit or facility is to be a locked unit or facility, all locking devices shall meet the Life Safety Code and any requirements of the state fire marshal. If the unit or facility is to be unlocked, a system of security monitoring is required. (I, II, III) b. Résumé of care.A résumé of care shall be submitted to the department for approval at least 30 days before a separate memory care unit or facility is opened. For facilities with a memory care unit, this résumé of care is in addition to the résumé of care required by subrule 57.3(2). A new résumé of care shall be submitted when services are substantially changed. The résumé of care shall: a. (1) Describe the population to be served; b. (2) State the philosophy and objectives; c. (3) List criteria for transfer to and from the memory care unit or facility; d. (4) Include a copy of the floor plan; e. (5) List the titles of policies and procedures developed for the unit or facility; f. (6) Propose a staffing pattern; g. (7) Set out a plan for specialized staff training; h. (8) State visitor, volunteer, and safety policies; i. (9) Describe programs for activities, social services and families; and j. (10) Describe the interdisciplinary team and the role of each team member. c. Policies and procedures.Separate written policies and procedures shall be implemented in the memory care unit or facility and shall address the following: a. (1) Criteria for admission and the preadmission evaluation process. The policy shall require a statement from the primary care provider approving the placement before a resident may be moved into a memory care unit or facility. (II, III) b. (2) Safety, including a description of the actions required of staff in the event of a fire, natural disaster, or emergency medical event or catastrophic event. Safety procedures shall also explain steps to be taken when a resident is discovered to be missing from the unit or facility,and when hazardous cleaning materials or potentially dangerous mechanical equipment is being used in the unit or facility, andexplain the manner in which the effectiveness of the security system will be monitored. (II, III) c. (3) Staffing requirements, including the minimum number, types and qualifications of staff in the unit or facility in accordance with resident needs. (II, III) d. (4) Visitation policies, including suggested times for visitation and ensuring the residents’ rights to free access to visitors unless visits are contraindicated by the interdisciplinary team. (II, III) e. (5) The process and criteria which will be used to monitor and to respond to risks specific to the residents, including but not limited to drug use, restraint use, infections, incidents and acute behavioral events. (II, III) d. Assessment prior to transfer or admission.Prior to the transfer or admission of a resident applicant to the memory care unit or facility, a complete assessment of the resident applicant’s physical, mental, social and behavioral status shall be completed to determine whether the applicant meets admission criteria. This assessment shall be completed by facility staff and shall become part of the resident’s permanent record upon admission. (II, III) e. Staff training.All staff working in a memory care unit or facility shall have training appropriate to the needs of the residents. (I, II, III) a. (1) Upon assignment to the unit or facility, all staff working in the unit or facility shall be oriented to the needs of residents requiring memory care. Staff members shall have at least six hours of special training appropriate to their job descriptions within 30 days of assignment to the unit or facility. (I, II, III) b. (2) Training shall include the following topics: (II, III) (1) 1. An explanation of Alzheimer’s disease and related disorders, including symptoms, behavior and disease progression; (2) 2. Skills for communicating with persons with dementia; (3) 3. Skills for communicating with family and friends of persons with dementia; (4) 4. An explanation of family issues such as role reversal, grief and loss, guilt, relinquishing the caregiving role, and family dynamics; (5) 5. The importance of planned and spontaneous activities; (6) 6. Skills in providing assistance with activities of daily living; (7) 7. Skills in working with challenging residents; (8) 8. Techniques for cueing, simplifying, and redirecting; (9) 9. Staff support and stress reduction; (10) 10. Medication management and nonpharmacological interventions. c. (3) Nursing staff, certified medication aides, medication managers, social services personnel, housekeeping and activity personnel shall have a minimum of six hours of in-service training annually. This training shall be related to the needs of memory care residents. The six-hour initial training required in paragraph 57.6(5)“a”subparagraph 57.6(1)“e”(1) shall count toward the required annual in-service training. (II, III) f. Staffing.There shall be at least one staff person on a memory care unit at all times. (I, II, III) g. Others living in the memory care unit.A resident not requiring memory care services may live in the memory care unit if the resident’s spouse requiring memory care services lives in the unit or if no other beds are available in the facility and the resident or the resident’s legal representative consents in writing to the placement. (II, III) h. Revocation, suspension or denial.The memory care unit license or facility license may be revoked, suspended or denied pursuant to Iowa Code chapter 135C and 481—Chapter 50. 57.6(2) Residential care facility for persons with an intellectual disability (RCF/ID). a. Definition.For purposes of this rule, the following term shall have the meaning indicated. "Qualified intellectual disability professional" means a psychologist, physician, registered nurse, educator, social worker, physical or occupational therapist, speech therapist or audiologist who meets the educational requirements for the profession, as required in the state of Iowa, and has one year’s experience working with persons with an intellectual disability. b. Designation and application.A residential care facility may choose to care for persons with an intellectual disability in a distinct part of the facility or designate the entire residential care facility as a residential care facility for persons with an intellectual disability. Residents shall meet the level of care requirements for a residential care facility. (I, II, III) (1) Application for approval to provide this category of care shall be submitted by the licensee on a form provided by the department. (III) (2) Plans to modify the physical environment shall be submitted to the department for review based on the requirements of 481—Chapter 60. (III) c. Résumé of care.A résumé of care shall be submitted to the department for approval at least 30 days before a residential care facility for persons with an intellectual disability is opened. A new résumé of care shall be submitted when services are substantially changed. The résumé of care shall: (1) Describe the population to be served; (2) Include a copy of the floor plan; (3) List the titles of policies and procedures developed for the unit or facility; (4) Set out a plan for specialized staff training; (5) State visitor, volunteer, and safety policies; (6) Describe programs for activities, social services and families; and (7) Describe the interdisciplinary team and the role of each team member. d. Policies and procedures.Separate written policies and procedures shall be implemented in the residential care facility for persons with an intellectual disability and shall address the following: (1) Criteria for admission and the preadmission evaluation process. The policy shall require a statement from the primary care provider approving the placement before a resident may be moved into a residential care facility for persons with an intellectual disability. The policy shall require a primary diagnosis of an intellectual disability for admission. (II, III) (2) Safety, including a description of the actions required of staff in the event of a fire, natural disaster, emergency medical event or catastrophic event. (II, III) (3) Staffing requirements, including the minimum number, types and qualifications of staff in the facility in accordance with resident needs. (II, III) (4) Visitation policies, including suggested times for visitation and ensuring the residents’ rights to free access to visitors unless visits are contraindicated by the interdisciplinary team. (II, III) (5) The process and criteria which will be used to monitor and to respond to risks specific to the residents, including but not limited to drug use, restraint use, infections, incidents and acute behavioral events. (II, III) e. Assessment prior to transfer or admission.Prior to the transfer or admission of a resident applicant to the facility, a complete assessment of the resident applicant’s physical, mental, social and behavioral status shall be completed to determine whether the applicant meets admission criteria. This assessment shall be completed by facility staff and shall become part of the resident’s permanent record upon admission. (II, III) f. Administrator qualifications.In addition to meeting the requirements of subrule 57.10(1), the administrator of a residential care facility for persons with an intellectual disability shall have at least one year’s documented experience in direct care or supervision of persons with an intellectual disability. An individual employed as an administrator on [effective date of these amendments] will be deemed to meet the requirements of this subrule. g. In-service educational programming.The in-service educational programming required by paragraph 57.10(2)“c” shall include educational programming specific to serving persons with an intellectual disability. h. Revocation, suspension or denial.The facility license may be revoked, suspended or denied pursuant to Iowa Code chapter 135C and 481—Chapter 50. This rule is intended to implement Iowa Code sections 135C.2(3)“b” and 135C.14.ARC 3473CInspections and Appeals Department[481]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 10A.104(5) and 135C.14, the Department of Inspections and Appeals hereby gives Notice of Intended Action to amend Chapter 57, “Residential Care Facilities,” Iowa Administrative Code. The proposed amendments add definitions of “mechanical restraint,” “physical restraint” and “prone restraint” and expressly prohibit the use of mechanical restraints in residential care facilities. The Department does not believe that the proposed amendments pose a financial hardship on any regulated entity or individual. The State Board of Health initially reviewed the proposed amendments at its November 8, 2017, meeting. Any interested person may make written suggestions or comments on the proposed amendments on or before December 26, 2017. Such written materials should be addressed to the Director, Department of Inspections and Appeals, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0083; faxed to (515)242-6863; or emailed to David.Werning@dia.iowa.gov. Additionally, there will be a public hearing on January 3, 2018, at 10 a.m. in Room 319 of the Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the rules. Any person who intends to attend the public hearing and has special requirements, such as those relating to hearing or mobility impairments, should contact the Department of Inspections and Appeals and advise of specific needs. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 135C.14. The following amendments are proposed.
ITEM 1. Adopt the following new definitions in rule 481—57.1(135C): "Mechanical restraint" means restriction by the use of a mechanical device of a resident’s mobility or ability to use the hands, arms or legs. "Physical restraint" means direct physical contact on the part of a staff person to control a resident’s physical activity for the resident’s own protection or for the protection of others. "Prone restraint" means a restraint in which a resident is in a face down position against the floor or another surface. ITEM 2. Adopt the following new subrule 57.33(8): 57.33(8) Mechanical restraint is prohibited. Staff persons who find themselves involved in the use of a mechanical restraint when responding to an emergency must take immediate steps to end the mechanical restraint. (I, II)ARC 3474CInspections and Appeals Department[481]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 10A.104(5) and 135C.14, the Department of Inspections and Appeals hereby gives Notice of Intended Action to rescind Chapter 62, “Residential Care Facilities for Persons with Mental Illness (RCF/PMI),” and to adopt new Chapter 62, “Residential Care Facilities for Persons with Mental Illness (RCFs/PMI),” Iowa Administrative Code. The Department completed a review of all chapters related to residential care facilities and determined that duplication could be eliminated by using Chapter 57, “Residential Care Facilities,” as a primary chapter containing information common to all residential care facilities. This rule making proposes to rescind Chapter 62 and replace it with a new Chapter 62 that includes only those rules specific to RCFs/PMI and refers to Chapter 57 for general rules pertaining to RCFs. The Department does not believe that the proposed amendment poses a financial hardship on any regulated entity or individual. The proposed amendment eliminates duplicative rules and streamlines rules, thereby making them more accessible to the public and providers. The State Board of Health initially reviewed the proposed amendment at its November 8, 2017, meeting. Any interested person may make written suggestions or comments on the proposed amendment on or before December 26, 2017. Such written materials should be addressed to the Director, Department of Inspections and Appeals, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0083; faxed to (515)242-6863; or emailed to david.werning@dia.iowa.gov. Additionally, there will be a public hearing on January 3, 2018, at 10 a.m. in Room 319 of the Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the rules. Any person who intends to attend the public hearing and has special requirements, such as those relating to hearing or mobility impairments, should contact the Department of Inspections and Appeals and advise of specific needs. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code section 135C.14. The following amendment is proposed.
ITEM 1. Rescind 481—Chapter 62 and adopt the following new chapter in lieu thereof: CHAPTER 62RESIDENTIAL CARE FACILITIES FOR PERSONS WITH MENTAL ILLNESS (RCFs/PMI)481—62.1(135C) Applicability. This chapter relates specifically to the licensing and regulation of residential care facilities for persons with mental illness (RCFs/PMI). Refer to 481—Chapter 57 for the licensing and regulation of all residential care facilities, including RCFs/PMI, and to 481—Chapter 60 for minimum physical standards for all residential care facilities.481—62.2(135C) Definitions. In addition to the definitions in 481—Chapter 57 and Iowa Code chapter 135C, the following definitions apply. "Commission" means the mental health and disability services commission. "Department" means the Iowa department of inspections and appeals. "Dependent adult abuse" is as defined in rule 481—52.1(235E). "Evaluation services" means those activities designed to identify a person’s current level of functioning and those factors which are barriers to maintaining the current level or achieving a higher level of functioning. "Interdisciplinary team process" means an approach to assessment, service planning, and service implementation in which members of an interdisciplinary team utilize the skills, competencies, insights and perspectives provided by each member’s training and experience to develop a single, integrated, individual program plan to meet a resident’s needs for services. "Level of functioning" means a person’s current physiological and psychological status and current academic, community living, self-care, and vocational skills. "Mental health counselor" means a person who is certified or eligible for certification as a mental health counselor by the National Academy of Certified Clinical Mental Health Counselors. "Mental illness" means a substantial disorder of thought or mood which significantly impairs judgment, behavior, or the capacity to recognize reality or the ability to cope with the ordinary demands of life. Mental disorders include the organic and functional psychoses, neuroses, personality disorders, alcoholism and drug dependence, behavioral disorders and other disorders as defined by the current edition of American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders. "Physical or physiological treatment" means those activities designed to prevent, halt, control, relieve, or reverse symptoms or conditions which interfere with the physical or physiological functioning of the human body. "Psychiatric advanced registered nurse practitioner" means an individual currently licensed as a registered nurse under Iowa Code chapter 152 or 152E who holds a national certification in psychiatric mental health care and who is licensed by the board of nursing as an advanced registered nurse practitioner. "Psychiatric nurse" means a person who meets the requirements of a certified psychiatric nurse, is eligible for certification by the American Nursing Association, and is licensed by the state of Iowa to practice nursing as defined in Iowa Code chapter 152. "Psychiatrist" means a doctor of medicine or osteopathic medicine and surgery who is certified by the American Board of Psychiatry and Neurology or who is eligible for certification. "Psychologist" means a person who is licensed to practice psychology in the state of Iowa, or is certified by the Iowa department of education as a school psychologist, or is eligible for certification, or meets the requirements for eligibility for a license to practice psychology in the state of Iowa that were effective prior to July 1, 1985. "Psychotherapeutic treatment" means those activities designed to assist a person in the identification or modification of beliefs, emotions, attitudes, or behaviors in order to maintain or improve the person’s functioning in response to the physical, emotional and social environment. "Qualified mental health professional" "QMHP" means a person who:- Is a psychiatrist, psychologist, social worker, certified psychiatric nurse, psychiatric advanced registered nurse practitioner, or mental health counselor; or
- Is a doctor of medicine or osteopathic medicine, a physician assistant, or an advanced registered nurse practitioner and has at least one year’s documented supervised experience in providing mental health services; or
- Has a master’s degree with coursework focusing on diagnosis, evaluation, and psychotherapeutic treatment of mental health problems and mental illness; or
- Is employed by a community mental health center or mental health service provider accredited by the commission and has less than a master’s degree but at least a bachelor’s degree and sufficient education and experience as determined by the chief administrative officer of the community mental health center, with the approval of the commission, with coursework and experience focusing on diagnosis and evaluation and treatment of persons with mental health problems and mental illness.
- Approval of each resident’s service plan; (II, III)
- Monitoring the implementation of each resident’s service plan; (II, III)
- Recording each resident’s progress; and (II, III)
- Participating in a periodic review of each resident’s service plan. (II, III)
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 10A.104(5) and 135C.14, the Department of Inspections and Appeals hereby gives Notice of Intended Action to rescind Chapter 63, “Residential Care Facilities for the Intellectually Disabled,” and to adopt a new Chapter 63, “Residential Care Facility—Three- to Five-Bed Specialized License,” Iowa Administrative Code. Iowa Code section 135C.2(3)“b” allows the Department to establish by administrative rule special classifications within the residential care facility category for facilities intended to serve individuals who have special health care problems or conditions in common. Iowa Code section 135C.2(5) requires the department to establish a special classification within the residential care facility category in order to foster the development of three- to five-bed residential care facilities that serve persons with an intellectual disability, chronic mental illness, a developmental disability, or brain injury. Currently, Chapter 63 addresses licensure of residential care facilities for the intellectually disabled. After a review of the administrative rules related to licensure of several residential care facility types, the Department determined that an entire chapter specific to residential care facilities for the intellectually disabled was not necessary because many of the provisions of Chapter 63 overlapped with those in Chapter 57, “Residential Care Facilities.” Additionally, the Department has determined that the current rule regarding licensure of these specialized units (481—63.47(135C)) is confusing as written and should be given its own chapter as the number of this type of facility is increasing in Iowa. Therefore, the proposed amendment rescinds the current Chapter 63 and replaces it with a new Chapter 63, which details the specialized licensure of three- to five-bed residential care facilities serving persons with an intellectual disability, chronic mental illness, a developmental disability, or brain injury. The Department does not believe that the proposed amendment poses a financial hardship on any regulated entity or individual. The State Board of Health initially reviewed the proposed amendment at its November 8, 2017, meeting. Any interested person may make written suggestions or comments on the proposed amendment on or before December 26, 2017. Such written materials should be addressed to the Director, Department of Inspections and Appeals, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0083; faxed to (515)242-6863; or emailed to david.werning@dia.iowa.gov. Additionally, there will be a public hearing on January 3, 2018, at 10 a.m. in Room 319 of the Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the rules. Any person who intends to attend the public hearing and has special requirements, such as those relating to hearing or mobility impairments, should contact the Department of Inspections and Appeals and advise of specific needs. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code section 135C.14. The following amendment is proposed.
ITEM 1. Rescind 481—Chapter 63 and adopt the following new chapter in lieu thereof: CHAPTER 63RESIDENTIAL CARE FACILITY—THREE- TO FIVE-BED SPECIALIZED LICENSE481—63.1(135C) Definitions. For the purpose of these rules, the following terms shall have the meanings indicated in this chapter. The definitions set out in Iowa Code section 135C.1 shall be considered to be incorporated verbatim in the rules. "Accommodation" means the provision of lodging, including sleeping, dining, and living areas. "Administrator" means a person approved by the department who administers, manages, supervises, and is in general administrative charge of a three- to five-bed residential care facility, whether or not such individual has an ownership interest in such facility, and whether or not the functions and duties are shared with one or more individuals. "Ambulatory" means the condition of a person who immediately and without aid of another person is physically and mentally capable of traveling a normal path to safety, including the ascent and descent of stairs. "Basement" means that part of a building where the finish floor is more than 30 inches below the finish grade of the building. "Board" means the regular provision of meals. "Change of ownership" means the purchase, transfer, assignment or lease of a licensed three- to five-bed residential care facility. "Communicable disease" means a disease caused by the presence within a person’s body of a virus or microbial agents which may be transmitted either directly or indirectly to other persons. "Department" means the state department of inspections and appeals. "Interdisciplinary team" means the group of persons who develop a single, integrated, individual program plan to meet a resident’s needs for services. The interdisciplinary team consists of, at a minimum, the resident, the resident’s legal guardian if applicable, the resident’s advocate if desired by the resident, a referral agency representative, other appropriate staff members, other providers of services, and other persons relevant to the resident’s needs. "Legal representative" means the resident’s guardian or conservator if one has been appointed or the resident’s power of attorney. "Medication" means any drug, including over-the-counter substances, ordered and administered under the direction of the primary care provider. "Nonambulatory" means the condition of a person who immediately and without the aid of another person is not physically or mentally capable of traveling a normal path to safety, including the ascent and descent of stairs. "Personal care" means assistance with the activities of daily living which the recipient can perform only with difficulty. Examples are help in getting in and out of bed, assistance with personal hygiene and bathing, help with dressing and eating, and supervision over medications which can be self-administered. "Primary care provider" means any of the following who provide primary care and meet licensure standards:- A physician who is a family or general practitioner or an internist.
- An advanced registered nurse practitioner.
- A physician assistant.
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 307.12, 307A.2, 321.449 and 321.450, the Iowa Department of Transportation (Department) hereby gives Notice of Intended Action to amend Chapter 520, “Regulations Applicable to Carriers,” Iowa Administrative Code. The Department is amending rule 761—520.8(321), planting and harvesting periods. The Federal Motor Carrier Safety regulations established by the Federal Motor Carrier Safety Administration (FMCSA) impose hours-of-service limits on drivers of commercial motor vehicles, but exempt certain agricultural operations from those hours-of-service limits during the planting and harvesting period. 49 CFR 395.1(k) states that the hours-of-service limits imposed by 49 CFR Part 395, “Hours of Service of Drivers,” do not apply “during planting and harvesting periods, as determined by each State, to drivers transporting “(1) Agricultural commodities from the source of the agricultural commodities to a location within a 150 air-mile radius from the source; “(2) Farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within a 150 air-mile radius from the distribution point; or “(3) Farm supplies for agricultural purposes from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 150 air-mile radius from the wholesale distribution point.” The Department implements this exception through rule 761—520.8(321). Rule 761—520.8(321) currently sets the planting and harvesting period in Iowa as the period from March 15 through June 30 and October 4 through December 14. This set and limited time period has proved too restrictive and inflexible, as it often does not align to changing weather and other conditions that may accelerate, delay, extend, or otherwise alter the planting and harvesting period. To remedy this, other states have defined their planting and harvesting period for this purpose to extend throughout the calendar year, January 1 to December 31, and the FMCSA has accepted this approach. The Department is amending rule 761—520.8(321) to take the same approach and define the planting and harvesting period in Iowa as January 1 to December 31. This change will allow Iowa drivers engaged in the subject agricultural operations to take advantage of the federal hours-of-service exemption whenever they are engaged in those operations, regardless of fluctuations in the actual planting and harvesting period in a given year. The change will also make this declaration of the planting and harvesting period match the declaration of the planting and harvesting period made for restricted commercial driver’s licenses (CDLs), which are licenses issued to suppliers or employees of suppliers of agricultural inputs that allow the license holder to operate commercial motor vehicles for the purpose of supplying agricultural inputs during planting and harvesting without applying and testing for a full CDL. In January 2017, the Department amended rule 761—607.49(321) to similarly change the planting and harvesting period declared for operation under restricted CDLs from March 15 through June 30 and October 4 through December 14 to January 1 to December 31. Making these declarations match will ensure that agricultural input drivers with restricted CDLs will not be subjected to inconsistent regulations that unnecessarily require them to comply with hours-of-service requirements while performing subject agricultural operations. Any person or agency may submit written comments concerning this amendment or may submit a written request to make an oral presentation. The comments or request shall:
A meeting to hear requested oral presentations is scheduled for Thursday, December 28, 2017, at 10 a.m. at the Iowa Department of Transportation’s Motor Vehicle Division offices located at 6310 SE Convenience Boulevard, Ankeny, Iowa. The meeting will be canceled without further notice if no oral presentation is requested. This amendment may have an impact on small business. A request for a regulatory analysis pursuant to Iowa Code section 17A.4A shall be addressed to Tracy George, Rules Administrator, Iowa Department of Transportation, Strategic Communications and Policy, 800 Lincoln Way, Ames, Iowa 50010; email address: tracy.george@iowadot.us. The request must be received by the Department’s rules administrator no later than February 14, 2018. These rules do not provide for waivers. Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11. After analysis and review of this rule making, the Department finds that this amendment is expected to have a positive impact on private sector jobs and employment opportunities in Iowa. Drivers engaged in agricultural operations subject to the exemption and businesses that employ them will have more flexibility to conduct those operations throughout the year, regardless of year-to-year fluctuations in the planting and harvesting period, and will be able to avoid unnecessarily investing in and using electronic logging devices, which should improve performance, profitability, and opportunity for employment. This amendment was also Adopted and Filed Emergency and is published herein as ARC 3483C. The purpose of this Notice of Intended Action is to solicit public comment on that submission, the subject matter of which is incorporated by reference. This amendment is intended to implement Iowa Code sections 321.449 and 321.450.
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 96.11, the Director of the Department of Workforce Development hereby gives Notice of Intended Action to amend Chapter 1, “Workforce Development Board,” and Chapter 6, “Regional Advisory Boards,” Iowa Administrative Code. These proposed amendments update, clarify and simplify the rules under which the State Workforce Board operates. Any interested person may make written or oral suggestions or comments on the proposed amendments on or before December 26, 2017, by sending them to David Steen, Attorney, Iowa Workforce Development, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209. Comments may be sent electronically to david.steen@iwd.iowa.gov. These amendments do not have any fiscal impact on the State of Iowa. Waiver provisions do not apply to this rule making. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapter 96. The following amendments are proposed.
ITEM 1. Amend rule 877—1.1(84A) as follows:877—1.1(84A,PL113-128) Composition. 1.1(1) Voting members. The board consists of nine voting members appointed by the governor. One member shall represent a nonprofit organization involved in workforce development, four members shall represent employers, and four members shall represent nonsupervisory employees. Of the members appointed to represent nonsupervisory employees, two members shall be from statewide organized labor organizations, one member shall be an employee representative of a labor management council, and one member shall be a person with work experience in worker training programs.shall have voting members in accordance with Iowa Code section 84A.1A(1)“a” and Section 101(b) of the Workforce Innovation and Opportunity Act (WIOA), Public Law No. 113-128. For purposes of the board’s membership criteria, the following terms shall have the following meanings: "Community-based organization" means a private nonprofit organization (which may include a faith-based organization) that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce development. "Competitive integrated employment" shall have the meaning given the term in Section 7 of the Rehabilitation Act of 1973 (29 United States Code Section 705), for individuals with disabilities. "Demonstrated expertise and effectiveness" means that an individual has documented leadership in developing or implementing workforce development, human resources, training and development, or a core program function, which may include individuals with experience in education or the training of job seekers with barriers to employment, as defined in Section 3(24) of WIOA, including but not limited to serving veterans; providing or supporting competitive integrated employment for individuals with disabilities; or serving eligible youth. "Eligible youth" means, except as provided in subtitles C and D of Title I of WIOA, in-school youth, as described in Section 129(a)(1)(B) of WIOA, or out-of-school youth, as described in Section 129(a)(1)(C) of WIOA. "In-demand industry sector" means an industry sector that has a substantial current or potential impact (including through jobs that lead to economic self-sufficiency and opportunities for advancement) on the state economy and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors. "In-demand occupation" means an occupation that currently has or is projected to have a number of positions (including positions that lead to economic self-sufficiency and opportunities for advancement) in an industry sector so as to have a significant impact on the state. "Optimum policymaking authority" means that an individual can reasonably be expected to speak affirmatively on behalf of the entity the individual represents and to commit that entity to a chosen course of action. "Veteran" has the meaning given the term in 38 United States Code Section 101. 1.1(2) Nonvoting members. The board consists of eight ex officio, nonvoting members. Of the eight members, four members shall be members of the general assembly; one member shall be a president or president’s designee of one of the three state universities, designated by the board of regents on a rotating basis; one member shall represent the largest statewide public employees’ organization representing state employees; one member shall be a superintendent or superintendent’s designee of a community college, appointed by the Iowa association of community college presidents; and one member shall represent the independent colleges and universities in Iowa.shall have nonvoting members in accordance with Iowa Code section 84A.1A(1)“b.” 1.1(3) Chairperson. The governor shall select a chairperson for the board from among the members who are representatives of business. ITEM 2. Amend rule 877—1.2(84A) as follows:877—1.2(84A) Meetings. The board shall meet in May of each year for the purpose of electing one of its voting members as chairperson and one of its voting members as vice chairperson. The chairperson and vice chairperson shall not be of the same political party or gender, or represent the same group of persons. The board shall meet at the call of the chairperson or when fivea majority of members of the board file a written request of the chairperson for a meeting. Written notice of the time and place of each meeting shall be given to each member of the board. A majority of the voting members constitutes a quorum. ITEM 3. Amend rule 877—1.3(84A) as follows:877—1.3(84A,PL113-128) DutiesPurpose and duties. The board shall perform the duties outlined in Iowa Code section 84A.1B and other functions as necessary and proper to carry out its responsibilities. The board approves contracts and administrative rules for the programs administered by the division of workforce development center administration. 1.3(1) Purpose. The purpose of the board is to convene state, regional, and local workforce system and partners to: a. Enhance the capacity and performance of the workforce development system; b. Align and improve the outcomes and effectiveness of federally funded and other workforce programs and investments and, through these efforts, promote economic growth; c. Engage public workforce system representatives, including businesses, education providers, economic development, labor representatives, and other stakeholders to help the workforce development system achieve the purpose of the Workforce Innovation and Opportunity Act, Public Law No. 113-128; and d. Assist to achieve the state’s strategic and operational vision and goals as outlined in the state plan under Iowa Code section 84A.1 and the Workforce Innovation and Opportunity Act, Public Law No. 113-128. 1.3(2) Duties. The board shall perform the duties outlined in Iowa Code section 84A.1B and other functions as necessary and proper to carry out its responsibilities under the Workforce Innovation and Opportunity Act, Public Law No. 113-128. ITEM 4. Amend rule 877—1.4(84A) as follows:877—1.4(84A) Records. Agendas, minutes, and materials presented to the board are available from the Division of Policy and InformationPublic Records Custodian, Iowa Workforce Development, 1000 East Grand Avenue, Des Moines, Iowa 50319, except those records concerning closed sessions which are exempt from disclosure under Iowa Code subsection 21.5(4) or which are otherwise confidential by law. Board records contain information about persons who participate in meetings. This information is collected pursuant to Iowa Code section 21.3 and subsection 96.11(5). These records are not stored in an automated data processing system and may not be retrieved by a personal identifier. Rule-making records may contain information about persons making written or oral comments on proposed rules. This information is collected pursuant to Iowa Code section 17A.4. These records are not stored in an automated data processing system and may not be retrieved by a personal identifier. ITEM 5. Rescind rule 877—6.1(84A,PL105-220) and adopt the following new rule in lieu thereof:877—6.1(84A,PL113-128) Definitions. "Chief elected official" means designated representatives of the units of local government joined through a 28E agreement, pursuant to Section 107(c)(1)(B) of WIOA, for the purpose of sharing liability and responsibility in accordance with Title I of the WIOA. "Community-based organization" means a private nonprofit organization (which may include a faith-based organization) that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce development. "Department" means the department of workforce development. "Eligible youth" means, except as provided in Subtitles C and D of Title I of WIOA, in-school youth, as described in Section 129(a)(1)(B) of WIOA, or out-of-school youth, as described in Section 129(a)(1)(C) of WIOA. "In-demand industry sector" means an industry sector that has a substantial current or potential impact (including through jobs that lead to economic self-sufficiency and opportunities for advancement) on the state, regional, or local economy, as appropriate, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors. "In-demand occupation" means an occupation that currently has or is projected to have a number of positions (including positions that lead to economic self-sufficiency and opportunities for advancement) in an industry sector so as to have a significant impact on the state, regional, or local economy, as appropriate. "Local workforce development board" means a local workforce development board established in accordance with Section 107 of the Workforce Innovation and Opportunity Act, Public Law No. 113-128. "Optimum policymaking authority" means that an individual can reasonably be expected to speak affirmatively on behalf of the entity the individual represents and to commit that entity to a chosen course of action. "Representative with demonstrated expertise and effectiveness on a local workforce development board" means an individual who is a workplace learning advisor as defined in Section 3(70) of WIOA; who contributes to the field of workforce development, human resources, training and development, or a function of a core program as defined in Section 3(12) of WIOA; or whom the local workforce development board recognizes for valuable contributions in education or workforce development-related fields. "Veteran" has the meaning given the term in Section 101 of Title 38, United States Code. "WIOA" means the federal Workforce Innovation and Opportunity Act, Public Law No. 113-128. ITEM 6. Amend rule 877—6.2(84A,PL105-220), parenthetical implementation statute, as follows:877—6.2(84A,PL105-220PL113–128) Number of boards. ITEM 7. Rescind rule 877—6.3(84A,PL105-220) and adopt the following new rule in lieu thereof:877—6.3(84A,PL113-128) Composition—voting members. Each regional local workforce development board shall meet the membership criteria in Section 107(b) or Section 107(i) of WIOA. ITEM 8. Amend rule 877—6.4(84A,PL105-220) as follows:877—6.4(84A,PL105-220PL113–128) Nomination process for voting members. The following procedures shall be used in soliciting nominations for voting members. 6.4(1) All nominations for members which represent business shall be made by local or regional business organizations or trade associations. Business representatives should be owners of businesses, chief executive or operating officers of business and other business executives or employers with optimum policy-makingpolicymaking or hiring authority and represent businesses with employment opportunities that reflect the employment opportunities of the region. 6.4(2) All nominations for members which represent labor shall be made by appropriate local federations of labor, union councils, or state federations of labor. 6.4(3) All nominations for members which represent local school districts or community colleges shall be made by local school districts or community colleges, respectivelyrepresenting an eligible provider of adult education and literacy where there is more than one such eligible provider in the local workforce development area shall be made by such eligible providers. 6.4(4) All nominations for members who are county or city officials shall be made individually or collectively by the region’s county boards of supervisors or mayors and city councils, respectivelyrepresenting a vocational rehabilitation program shall be made by Iowa vocational rehabilitation services or the Iowa department for the blind. 6.4(5) All nominations shall be made in writing with the signed approval of the required nominating organization. 6.4(6) The overall membership of the board shall be balanced by gender and political affiliation consistent with Iowa Code sections 69.16 and 69.16A. To the extent possible, the members should represent all counties within a region served by the board and both voting and nonvoting members should represent persons with disabilities, minorities and older workers of the region. 6.4(7) Existing and future regional advisory board members that represent business, labor or education do not have to be renominated as outlined in this subrule unless required to do so by the local elected officials of a regionAll nominations for members representing the employment service program under the Wagner-Peyser Act shall be made by the department. 6.4(8) Nominations are valid for an unlimited time period unless the local elected officials of a region set a specific time limit in the local annual plan. ITEM 9. Amend rule 877—6.5(84A,PL105-220) as follows:877—6.5(84A,PL105-220PL113-128) Appointment process. 6.5(1) In making appointments to the boards, the chief local elected officials shall submit a list of nomineesnominee for a board vacancy to the department within 45 days of the vacancy. Chief elected officials shall submit at least two nominees for each vacancy for the governor to review. 6.5(2) The governor shall review the list, add or delete nominees from the list, and return the revised list to the chief elected officials within 45 days of receipt of the list by the departmenta nominee for a vacancy on a local workforce development board and either appoint or reject such nominee.The governor shall notify the chief elected officials within 45 days of a nominee’s appointment or rejection. 6.5(3) The chief elected officials will review the revised list and make the final selection of a person to fill a vacancy from the revised list. If the revised list of candidates is not acceptable to the chief elected officials, the chief elected officials may submit new candidates to the governor for consideration within 45 days and repeat the process specified in subrules 6.5(1) and 6.5(2) until a candidate is appointedIf the governor rejects a nominee, the chief elected officials shall submit the name of a new nominee to the department within 45 days of such rejection. 6.5(4) The chief elected officials will send an appointment letter to the person selected to fill the vacancy on behalf of the chief elected officials and the governor within 30 days of receipt of the revised list and send a copy of the letter to the department. 6.(5) 6.5(4) If the chief elected officials fail to submit nominationsthe name of a nominee for a vacancy within the 45-day time period or fail to reach agreement locally on appointments to the board, the governor may appoint a person to fill the vacancy. ITEM 10. Amend rule 877—6.6(84A,PL105-220) as follows:877—6.6(84A,PL105-220PL113-128) Meetings. The board shall meet in May of each year for the purpose of electing one of its voting members as chairperson and one of its voting members as vice chairperson.The chief elected official for the local workforce development area will name a chairperson from among the local workforce development board’s representatives of business. The chairperson and vice chairperson shall not be of the same political party. The board shall meet at the call of the chairperson or when a majority of the members of the board file a written request of the chairperson for a meeting. Written notice of the time and place of each meeting shall be given to each member of the board. A majority of the voting members constitutes a quorum. ITEM 11. Rescind rule 877—6.7(84A,PL105-220) and adopt the following new rule in lieu thereof:877—6.7(84A,PL113-128) Duties. The local workforce development board shall perform the following duties and other functions as necessary and proper to carry out its responsibilities under Title I of WIOA and listed in Iowa Code section 84A.4(2).- Conduct a needs assessment to identify the workforce development needs of the region.
- Recommend to the state workforce development board and the department of workforce development awards of grants and contracts administered by the department in the region.
- Monitor the performance of grants and contracts awarded in the region.
- File an annual report with the department as required by Iowa Code section 84A.1B.
- Recommend to the state workforce development board and department of workforce development the services to be delivered in the region.
- Fulfill the responsibilities of a local workforce investment board as required by the WOIA, subsequent amendments and all related regulations.
- Enter into an agreement with the region’s chief elected officials board to delineate their respective duties related to administration of the WOIA.
Pursuant to the authority of Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 93, the Department hereby amends Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” and Chapter 83, “Medicaid Waiver Services,” Iowa Administrative Code. These amendments will change the rate-setting methodology used to develop supported community living (SCL), day habilitation, and adult day care service rates in the home- and community-based services (HCBS) intellectual disability waiver. The SCL methodology will change from the current retrospectively limited prospective rate-setting process to a fee schedule using a tiered-rate methodology. Day habilitation and adult day care service rates are currently established through a fee schedule but will be changed to a fee schedule using tiered rates. The tiered-rate methodology establishes a tiered system of reimbursement based on the identified acuity level from the results of the Supports Intensity Scale® (SIS) core standardized assessment. The move to tiered rates will be cost-neutral to the Department. The tiered-rate funding methodology will assign a standardized service rate based on member need unlike the current methodology of services reimbursement based on provider costs. With this change, some providers will see increased revenues compared to current service reimbursement for the members currently served and other providers will see decreased revenues. The Council on Human Services adopted these amendments on November 8, 2017. Pursuant to Iowa Code section 17A.4(3), the Department finds that notice and public participation are unnecessary because emergency rule making is authorized by 2017 Iowa Acts, House File 653, section 93. Pursuant to Iowa Code section 17A.5(2)“b”(1)(a), the Department also finds that the normal effective date of these amendments, 35 days after publication, should be waived and the amendments made effective December 1, 2017, because 2017 Iowa Acts, House File 653, section 93, authorizes the Department to adopt emergency rules. These amendments are also published herein under Notice of Intended Action as ARC 3476C to allow for public comment. These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 93. These amendments became effective December 1, 2017. The following amendments are adopted.
ITEM 1. Amend paragraph 78.41(1)"f", introductory paragraph, as follows: f. Provider budgets shall reflect all staff-to-member ratios and shall reflect costs associated with members’ specific support needs for travel and transportation, consulting, instruction, and environmental modifications and repairs, as determined necessary by the interdisciplinary team for each member. The specific support needs must be identified in the Medicaid case manager’s service plan, the total costs shall not exceed $1570 per member per year, and the provider must maintain records to support the expenditures. A unit of service is: ITEM 2. Amend subrule 78.41(11) as follows: 78.41(11) Transportation. Transportation services may be provided for members to conduct business errands and essential shopping, to travel to and from work or day programs, and to reduce social isolation. A unit of service is one mile of transportation or one one-way trip. Transportation may not be reimbursed simultaneously withwhen HCBS intellectual disability waiverdaily supported community living service when the transportation costs are included within the supported community living reimbursement rateis authorized in a member’s service plan. ITEM 3. Amend paragraph 79.1(1)"c" as follows: c. Fee schedules.Fees for the various procedures involved are determined by the department with advice and consultation from the appropriate professional group. The fees are intended to reflect the amount of resources (time, training, experience) involved in each procedure. Individual adjustments will be made periodically to correct any inequity or to add new procedures or eliminate or modify others. If product cost is involved in addition to service, reimbursement is based either on a fixed fee, wholesale cost, or on actual acquisition cost of the product to the provider, or product cost is included as part of the fee schedule. Providers on fee schedules are reimbursed the lower of: (1) The actual charge made by the provider of service. (2) The maximum allowance under the fee schedule for the item of service in question.Payment levels for fee schedule providers of service will be increased on an annual basis by an economic index reflecting overall inflation as well as inflation in office practice expenses of the particular provider category involved to the extent data is available. Annual increases will be made beginning July 1, 1988.There are some variations in this methodology which are applicable to certain providers. These are set forth below in subrules 79.1(3) to 79.1(9) and 79.1(15).Fee schedules in effect for the providers covered by fee schedules can be obtained from the department’s Web site at: http://www.ime.state.ia.us/Reports_Publications/FeeSchedules.htmldhs.iowa.gov/ime/providers/csrp/fee-schedule. ITEM 4. Amend subrule 79.1(2), provider category “HCBS waiver service providers,” paragraphs “1,” “18,” “25” and “26,” as follows: 79.1(2) Basis of reimbursement of specific provider categories. Provider category Basis of reimbursement Upper limit1. Adult day care For AIDS/HIV, brain injury, elderly, and ill and handicapped waivers:Fee schedule Effective 7/1/16, for AIDS/HIV, brain injury, elderly, and ill and handicapped waivers: Provider’s rate in effect 6/30/16 plus 1%, converted to a 15-minute, half-day, full-day, or extended-day rate. If no 6/30/16 rate: Veterans Administration contract rate or $1.47 per 15-minute unit, $23.47 per half day, $46.72 per full day, or $70.06 per extended day if no Veterans Administration contract. For intellectual disability waiver:Fee schedule for the member’s acuity tier, determined pursuant to 79.1(30) Effective 7/1/167/1/17, for intellectual disability waiver: County contract rate or, in the absence of a contract rate,The provider’s rate in effect 6/30/16 plus 1%, converted to a 15-minute,or half-day, full-day, or extended-day rate. If no 6/30/16 rate, $1.96 per 15-minute unit,or $31.27 per half day, $62.42 per full day, or $79.59 per extended day.For daily services, the fee schedule rate published on the department’s website, pursuant to 79.1(1)“c,” for the member’s acuity tier, determined pursuant to 79.1(30).18. Supported community living For brain injury waiver:Retrospectively limited prospective rates. See 79.1(15) For intellectual disability and brain injury waiver effective 7/1/16: $9.28 per 15-minute unit, not to exceed the maximum daily ICF/ID rate per day plus 3.927%. For intellectual disability waiver:Fee schedule for the member’s acuity tier, determined pursuant to 79.1(30)For intellectual disability waiver effective 7/1/17: $9.28 per 15-minute unit. For daily service, the fee schedule rate published on the department’s website, pursuant to 79.1(1)“c,” for the member’s acuity tier, determined pursuant to 79.1(30). 25. Residential-based supportedcommunity livingRetrospectively limited prospective rates. See 79.1(15)Fee schedule for the member’s acuity tier, determined pursuant to 79.1(30) Effective 7/1/167/1/17: Not to exceed the maximum ICF/ID rate per day plus 3.927%.The fee schedule rate published on the department’s website, pursuant to 79.1(1)“c,” for the member’s acuity tier, determined pursuant to 79.1(30).26. Day habilitationFee schedulefor the member’s acuity tier, determined pursuant to 79.1(30) Effective 7/1/167/1/17: Provider’s rate in effect 6/30/16 plus 1%, converted to a 15-minute or daily rate. If no 6/30/16 rate: $3.51 per 15-minute unit or $68.23 per day.For daily service, the fee schedule rate published on the department’s website, pursuant to 79.1(1)“c,” for the member’s acuity tier, determined pursuant to 79.1(30). ITEM 5. Amend subrule 79.1(15) as follows: 79.1(15) HCBS retrospectively limited prospective rates. This methodology applies to reimbursement for HCBSbrain injury waiver supported community living; HCBS family and community support services; and HCBS interim medical monitoring and treatment when provided by an HCBS-certified supported community agency. a. Reporting requirements. (1) Providers shall submit cost reports for each waiver service provided using Form 470-0664, Financial and Statistical Report for Purchase of Service, and Form 470-3449, Supplemental Schedule. The cost reporting period is from July 1 to June 30. The completed cost reports shall be submitted to the IME Provider Cost Audits and Rate Setting Unit, P.O. Box 36450, Des Moines, Iowa 50315, or by electronic mail to costaudit@dhs.state.ia.us, by September 30 of each year. (2) If a provider chooses to leave the HCBS program or terminates a service, a final cost report shall be submitted within 60 days of termination for retrospective adjustment. (3) Costs reported under the waiver shall not be reported as reimbursable costs under any other funding source. Costs incurred for other services shall not be reported as reimbursable costs under the waiver. (4) Financial information shall be based on the agency’s financial records. When the records are not kept on an accrual basis of accounting, the provider shall make the adjustments necessary to convert the information to an accrual basis for reporting. Providers which are multiple program agencies shall submit a cost allocation schedule, prepared in accordance with generally accepted accounting principles. (5) Failure to maintain records to support the cost reports may result in termination of the provider’s HCBS certification. (6) The department may require that an opinion of a certified public accountant or public accountant accompany the report when adjustments made to prior reports indicate noncompliance with reporting instructions. (7) A 30-day extension for submitting the cost reports due by September 30 may be obtained by submitting a letter to the bureau of long-term care by September 30. No extensions will be granted beyond 30 days. (8) Failure to submit a report that meets the requirements of this paragraph by September 30 or an extended deadline granted per subparagraph (7) shall reduce payment to 76 percent of the current rate. The reduced rate shall be paid for not longer than three months, after which time no further payments will be made. b. Home- and community-based general rate criteria. (1) To receive reimbursement for services, a certified provider shall enter into an agreement with the department on Form 470-2918, HCBS Waiver Agreement, and have an approved service plan for the consumer. (2) The rates a provider may charge are subject to limits established in subrule 79.1(2). (3) Indirect administrative costs shall be limited to 20 percent of other costs. (4) Mileage costs shall be reimbursed according to state employee rate. (5) Consumer transportation, consumer consulting, consumer instruction, consumer environmental modification and repairs and consumer environmental furnishings shall not exceed $1,570 per consumer per year for supported community living servicesin the brain injury waiver. (6) For respite care provided in the consumer’s home, only the cost of care is reimbursed. (7) For respite care provided outside the consumer’s home, charges may include room and board. (8) Transportation and therapeutic resources reimbursement shall not exceed $1,500 per child per year for family and community support services. (9) The reasonable costs of direct care staff training shall be treated as direct care costs, rather than as indirect administrative costs. c. Prospective rates for new providers. (1) Providers who have not submitted an annual report including at least 6 months of actual, historical costs shall be paid prospective rates based on projected reasonable and proper costs of operation for a 12-month period reported in Form SS-1703-0, Financial and Statistical Report, and Form 470-3449, Supplemental Schedule. (2) Prospective rates shall be subject to retrospective adjustment as provided in paragraph “e.” (3) After a provider has submitted an annual report including at least six months of actual, historical costs, prospective rates shall be determined as provided in paragraph “d.” d. Prospective rates for established providers. (1) Providers who have submitted an annual report including at least six months of actual, historical costs shall be paid prospective rates based on reasonable and proper costs in a base period, as adjusted for inflation. (2) The base period shall be the period covered by the first Form SS-1703-0, Financial and Statistical Report, and Form 470-3449, Supplemental Schedule, submitted to the department after 1997 that includes at least six months of actual, historical costs. (3) Reasonable and proper costs in the base period shall be inflated by a percentage of the increase in the consumer price index for all urban consumers for the preceding 12-month period ending June 30, based on the months included in the base period, to establish the initial prospective rate for an established provider. (4) After establishment of the initial prospective rate for an established provider, the rate will be adjusted annually, effective for the third month after the month during which the annual cost report is submitted to the department. The provider’s new rate shall be the actual reconciled rate or the previously established rate adjusted by the consumer price index for all urban consumers for the preceding 12-month period ending June 30, whichever is less. (5) Prospective rates for services other than respite shall be subject to retrospective adjustment as provided in paragraph “f.” e. Prospective rates for respite.Rescinded IAB 5/1/13, effective 7/1/13. f. Retrospective adjustments. (1) Retrospective adjustments shall be made based on reconciliation of provider’s reasonable and proper actual service costs with the revenues received for those services as reported on Form 470-3449, Supplemental Schedule, accompanying Form SS-1703-0, Financial and Statistical Report for Purchase of Service. (2) For services provided from July 1, 2015, through June 30, 2016, revenues exceeding adjusted actual costs by more than 4.5 percent shall be remitted to the department. Payment will be due upon notice of the new rates and retrospective rate adjustment. (3) For services provided from July 1, 2015, through June 30, 2016, providers who do not reimburse revenues exceeding 104.5 percent of actual costs 30 days after notice is given by the department will have the revenues over 104.5 percent of the actual costs deducted from future payments. (4) For services provided on or after July 1, 2016, revenues exceeding adjusted actual costs by more than 5.5 percent shall be remitted to the department. Payment will be due upon notice of the new rates and retrospective rate adjustment. (5) For services provided on or after July 1, 2016, providers who do not reimburse revenues exceeding 105.5 percent of actual costs 30 days after notice is given by the department will have the revenues over 105.5 percent of the actual costs deducted from future payments. g. Supported community living daily rate.For purposes of determining the daily rate for supported community living services, providers are treated as new providers until they have submitted an annual report including at least six months of actual costs for the same consumers at the same site with no significant change in any consumer’s needs, or if there is a subsequent change in the consumers at a site or in any consumer’s needs. Individual prospective daily rates are determined for each consumer. These rates may be adjusted no more than once every three months if there is a vacancy at the site for over 30 days or the consumer’s needs have significantly changed. Rates adjusted on this basis will become effective the month a new cost report is submitted. Retrospective adjustments of the prospective daily rates are based on each site’s average costs. ITEM 6. Adopt the following new subrule 79.1(30): 79.1(30) Tiered rates. For supported community living services, residential-based supported community living services, day habilitation services, and adult day care services provided under the intellectual disabilities waiver, the fee schedule published by the department pursuant to paragraph 79.1(1)“c” provides rates based on the acuity tier of the member, as determined pursuant to this subrule. a. Acuity tiers are based on the results of the Supports Intensity Scale® (SIS) core standardized assessment. The SIS assessment tool and scoring criteria are available on request from the Iowa Medicaid enterprise, bureau of long-term care. b. The assignment of members to acuity tiers is based on a mathematically valid process that identifies meaningful differences in the support needs of the members based on the SIS scores. c. For supported community living daily services paid through a per diem, there are two reimbursement sublevels within each tier based on the number of hours of day services a member receives monthly. Day services include enhanced job search services, supported employment, prevocational services, adult day care, day habilitation and employment outside of Medicaid reimbursable services. The two reimbursement sublevels reflect reimbursement for: (1) Members who receive an average of 40 hours or more of day services per month. (2) Members who receive an average of less than 40 hours of day services per month. d. For this purpose, the “SIS activities score” is the sum total of scores on the following subsections: (1) Subsection 2A: Home Living Activities; (2) Subsection 2B: Community Living Activities; (3) Subsection 2E: Health and Safety Activities; and (4) Subsection 2F: Social Activities. e. Also used in determining a member’s acuity tier, as provided in paragraphs 79.1(30)“f” and “g,” are the subtotal scores on the following subsections: (1) Subsection 1A: Exceptional Medical Support Needs, excluding questions 16 through 19; and (2) Subsection 1B: Exceptional Behavioral Support Needs, excluding question 13. f. Subject to adjustment pursuant to paragraph 79.1(30)“g,” acuity tiers are the highest applicable tier pursuant to the following: (1) Tier 1: SIS activities score of 0 – 25. (2) Tier 2: SIS activities score of 26 – 40. (3) Tier 3: SIS activities score of 41 – 44 or SIS activities score of 0 – 40 and a SIS subsection 1B subtotal score of 6 or higher. (4) Tier 4: SIS activities score of 45 or higher. (5) Tier 5: SIS activities score of 41 or higher and a subsection 1B subtotal score of 7 or higher. (6) Tier 6: SIS subsection 1A or 1B subtotal score of 14 or higher. (7) RCF tier: Members residing in a residential care facility (RCF) licensed for six or more beds. (8) RBSCL tier: Members residing in a residential-based supported community living (RBSCL) facility. (9) Enhanced tier: An individual member rate negotiated between the department and the provider. g. The tier determined pursuant to paragraph 79.1(30)“f” shall be adjusted as follows: (1) For members with a subsection 1A subtotal score of 2 or 3, as provided in subparagraph 79.1(30)“e”(1), but with a response of “extensive support needed” (score = 2) in response to any prompt in subsection 1A, as provided in subparagraph 79.1(30)“e”(1) and an otherwise applicable tier of 1 to 4 pursuant to paragraph 79.1(30)“f,” the tier is increased by one tier. (2) For members with a subsection 1A subtotal score of 4 – 9, and an otherwise applicable tier of 1 to 4 pursuant to paragraph 79.1(30)“f,” the tier is increased by one tier. (3) For members with a subsection 1A subtotal score of 10 – 13, and an otherwise applicable tier of 1 to 3 pursuant to paragraph 79.1(30)“f,” the tier is increased by two tiers. (4) For members with a subsection 1A subtotal score of 10 – 13, and an otherwise applicable tier of 4 pursuant to paragraph 79.1(30)“f,” the tier is increased by one tier. (5) Any member may receive an enhanced tier rate when approved by the department for fee-for-service members. h. Tier redetermination. A member’s acuity tier may be changed in the following circumstances: (1) There is a change in the member’s SIS activity scores as determined in the annual level of care redetermination process pursuant to rule 441—83.64(249A). (2) A completed DHS Form 470-5486, Emergency Needs Assessment, indicates a change in the member’s support needs. A member’s case manager may request an emergency needs assessment when a significant change in the member’s needs is identified. When a completed emergency needs assessment indicates significant changes that are likely to continue in three of the five domains assessed, a full SIS core standardized assessment shall be conducted and any change in the SIS scores will be used to determine the member’s acuity tier. (3) A member’s acuity tier assignment does not affect the services that the member will receive and is not considered an adverse action, and therefore there are no appeal rights. i. New providers, provider acquisitions, mergers and change in ownership. Any change in provider enrollment status including, but not limited to, new providers, enrolled providers merging into one or more consolidated provider entities, acquisition or takeover of existing HCBS providers, or change in the majority ownership of a provider on or after December 1, 2017, shall require the new provider entity to use the tiered rate fee schedule in accordance with paragraph 79.1(1)“c.” ITEM 7. Adopt the following new paragraph 83.67(4)"i": i. For members receiving daily supported community living, day habilitation or adult day care: the following scores from the most recently completed SIS assessment: (1) Score on subsection 1A: Exceptional Medical Support Needs. (2) Score on subsection 1B: Exceptional Behavioral Support Needs. (3) Sum total of scores on the following subsections: 1. Subsection 2A: Home Living Activities; 2. Subsection 2B: Community Living Activities; 3. Subsection 2E: Health and Safety Activities; and 4. Subsection 2F: Social Activities. [Filed Emergency 11/8/17, effective 12/1/17][Published 12/6/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/6/17.ARC 3483CTransportation Department[761]Adopted and Filed EmergencyPursuant to the authority of Iowa Code sections 307.12, 307A.2, 321.449 and 321.450, the Iowa Department of Transportation (Department), on November 14, 2017, adopted an amendment to Chapter 520, “Regulations Applicable to Carriers,” Iowa Administrative Code. The Department is amending rule 761—520.8(321), planting and harvesting periods. The Federal Motor Carrier Safety regulations established by the Federal Motor Carrier Safety Administration (FMCSA) impose hours-of-service limits on drivers of commercial motor vehicles, but exempt certain agricultural operations from those hours-of-service limits during the planting and harvesting period. 49 CFR 395.1(k) states that the hours-of-service limits imposed by 49 CFR Part 395, “Hours of Service of Drivers,” do not apply “during planting and harvesting periods, as determined by each State, to drivers transporting “(1) Agricultural commodities from the source of the agricultural commodities to a location within a 150 air-mile radius from the source; “(2) Farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within a 150 air-mile radius from the distribution point; or “(3) Farm supplies for agricultural purposes from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 150 air-mile radius from the wholesale distribution point.” The Department implements this exception through rule 761—520.8(321). Rule 761—520.8(321) currently sets the planting and harvesting period in Iowa as the period from March 15 through June 30 and October 4 through December 14. This set and limited time period has proved too restrictive and inflexible, as it often does not align to changing weather and other conditions that may accelerate, delay, extend, or otherwise alter the planting and harvesting period. To remedy this, other states have defined their planting and harvesting period for this purpose to extend throughout the calendar year, January 1 to December 31, and the FMCSA has accepted this approach. The Department is amending rule 761—520.8(321) to take the same approach and define the planting and harvesting period in Iowa as January 1 to December 31. This change will allow Iowa drivers engaged in the subject agricultural operations to take advantage of the federal hours-of-service exemption whenever they are engaged in those operations, regardless of fluctuations in the actual planting and harvesting period in a given year. The change will also make this declaration of the planting and harvesting period match the declaration of the planting and harvesting period made for restricted commercial driver’s licenses (CDLs), which are licenses issued to suppliers or employees of suppliers of agricultural inputs that allow the license holder to operate commercial motor vehicles for the purpose of supplying agricultural inputs during planting and harvesting without applying and testing for a full CDL. In January 2017, the Department amended rule 761—607.49(321) to similarly change the planting and harvesting period declared for operation under restricted CDLs from March 15 through June 30 and October 4 through December 14 to January 1 to December 31. Making these declarations match will ensure that agricultural input drivers with restricted CDLs will not be subjected to inconsistent regulations that unnecessarily require them to comply with hours-of-service requirements while performing subject agricultural operations. Pursuant to Iowa Code section 17A.4(3), the Department finds that notice and participation are impracticable. 49 CFR 395.20 provides that a driver subject to the hours-of-service requirements set forth in 49 CFR Part 395 must use an electronic logging device that meets functional specifications established by the FMCSA in Part 395 to record the driver’s hours of service, beginning December 18, 2017. Making this change by emergency rule making will ensure that the change is effective beginning December 18, 2017, which will ensure that drivers engaged in agricultural operations who are otherwise exempt from the hours-of-service requirements will not have to unnecessarily invest in and use electronic logging devices. In compliance with Iowa Code section 17A.4(3)“a,” the Administrative Rules Review Committee at its November 14, 2017, meeting reviewed the Department’s determination and the amendment and approved the emergency adoption. Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), the Department further finds that the normal effective date of this amendment, 35 days after publication, should be waived and the amendment made effective December 18, 2017. This amendment confers a benefit on the public and again ensures that drivers engaged in agricultural operations who are otherwise exempt from the hours-of-service requirements will not have to unnecessarily invest in and use electronic logging devices. This amendment may have an impact on small business. A request for a regulatory analysis pursuant to Iowa Code section 17A.4A shall be addressed to Tracy George, Rules Administrator, Iowa Department of Transportation, Strategic Communications and Policy, 800 Lincoln Way, Ames, Iowa 50010; email address: tracy.george@iowadot.us. The request must be received by the Department’s rules administrator no later than February 14, 2018. This amendment is also published herein under Notice of Intended Action as ARC 3482C to allow for public comment. These rules do not provide for waivers. Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11. After analysis and review of this rule making, the Department finds that this amendment is expected to have a positive impact on private sector jobs and employment opportunities in Iowa. Drivers engaged in agricultural operations subject to the exemption and businesses that employ them will have more flexibility to conduct those operations throughout the year, regardless of year-to-year fluctuations in the planting and harvesting period, and will be able to avoid unnecessarily investing in and using electronic logging devices, which should improve performance, profitability, and opportunity for employment. This amendment is intended to implement Iowa Code sections 321.449 and 321.450. This amendment will become effective on December 18, 2017. The following amendment is adopted.
ITEM 1. Amend rule 761—520.8(321) as follows:761—520.8(321) Planting and harvesting periodsperiod. In accordance with the provisions of 49 CFR 395.1395.1(k), the planting and harvesting periodsperiod pertaining to agricultural operations are March 15 through June 30 and October 4 through December 14is January 1 through December 31. This rule is intended to implement Iowa Code sections 321.449 and 321.450. [Filed Emergency 11/14/17, effective 12/18/17][Published 12/6/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/6/17.ARC 3484CAging, Department on[17]Adopted and FiledPursuant to the authority of Iowa Code sections 231E.4(6) and 17A.3, the Department on Aging hereby amends Chapter 22, “Office of Substitute Decision Maker,” Iowa Administrative Code. This amendment changes the staffing level for substitute decision makers by increasing the number of consumers per full-time equivalent position from 10 to 40. The change will create staffing levels consistent with those in neighboring states and allow for a more efficient substitute decision-maker program. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3324C on September 27, 2017. The Department received public comments from two respondents regarding these amendments. Comments: The first respondent suggested that the impact on jobs was incorrect, other states’ ratios are irrelevant, and the ratio will not affect efficiency. The second respondent expressed concern about the ratio being too great and expressed the opinion that additional funding was needed instead of increasing the span of control of substitute decision makers. Department response: Even if what other states are doing is irrelevant, the initial ratio of 10 wards per substitute decision maker set by administrative rule was an arbitrary number and should not be involved in any analysis related to the provision of substitute decision-making services. The National Guardianship Association (NGA) has set the standard at 20 wards per substitute decision maker. According to Ericka Wood, Assistant Director of the American Bar Association Commission on Law and Aging, the NGA-suggested ratio is a “gold standard.” “Gold standard” guardianship services provide both guardianships and conservatorships and also usually include Medicaid targeted case management. In Iowa, substitute decision makers do not provide any Medicaid case management service. Currently, the Office of Substitute Decision Maker is only serving as both guardian and conservator for less than 33 percent of the Office’s wards in Iowa and only one case is likely to have a long-term conservatorship. It is also important to note that the ward-to-substitute decision maker staffing ratio is a cap and not a floor. In the recently released request for proposal (RFP) for a pilot project to create a local office of substitute decision maker, a local office of substitute decision maker stated that it would cap its ratio at 25 to 1. The Department found this to be an appropriate ratio for the structure of that organization. However, larger agencies with more support staff would likely be able to handle more than a 25-to-1 ratio. As the Office of Substitute Decision Maker moves to create more local offices in different regions, it would be unfair to limit organizations from competing based upon structure. The Office of Substitute Decision Maker is still in the startup phase of development, and thus, changes to a ward-to-substitute decision maker staffing ratio will not impact jobs. It is merely setting the stage for the creation of local offices of substitute decision maker in accordance with Iowa Code chapter 231E. Having substitute decision makers stationed locally will provide a much more efficient model than a Des Moines-based model. This amendment is identical to that published under Notice. After analysis and review of this rule making, no adverse impact on jobs has been found. This amendment is intended to implement Iowa Code section 231E.4(6)“c.” This amendment will become effective on January 10, 2018. The following amendment is adopted.
ITEM 1. Amend rule 17—22.5(231E,633), introductory paragraph, as follows:17—22.5(231E,633) Staffing ratio. SDMs shall be responsible for no more than ten40 consumers per full-time equivalent position at any one time. The state office shall notify the state court administrator when the maximum number of appointments is reached. [Filed 11/15/17, effective 1/10/18][Published 12/6/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/6/17.ARC 3485CAging, Department on[17]Adopted and FiledPursuant to the authority of Iowa Code sections 231.14 and 17A.3, the Department on Aging hereby amends Chapter 23, “Aging and Disability Resource Center,” Iowa Administrative Code. This amendment adds two new subrules to provide for a requirement that individuals providing the service of options counseling shall complete training that was developed in partnership with the Administration for Community Living. This training will standardize the service of options counseling within the state of Iowa and ensure that the service is consistent with the agreed-upon national standard. The training requirement also furthers the mandate that the Aging and Disability Resource Center be administered consistent with the federal Act. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3376C on October 11, 2017. The Department received one public comment regarding this amendment. The respondent suggested that an options counselor be given six months to complete the training due to cost and the time commitment. The Department’s deliberation concerning an options counselor’s successful completion of training within 30 days of employment instead of prior to employment is to allow the area agency on aging to include the cost of training within the options counseling service taxonomy. The Department is concerned that individuals without training could hold themselves out as options counselors, and the general public could receive improper information related to options for long-term services and supports. This amendment is identical to that published under Notice. After analysis and review of this rule making, no adverse impact on jobs has been found. This amendment is intended to implement Iowa Code section 231.64. This amendment will become effective on January 10, 2018. The following amendment is adopted.
ITEM 1. Adopt the following new subrules 23.7(5) and 23.7(6): .(5) Position-specific training. The options counselor shall provide to the ADRC coordination center documentation of successful completion of the person-centered counseling core curriculum provided by Elsevier, or an equivalent that is approved by the department, within 30 days of employment as an options counselor. Documentation shall be included in the individual’s personnel record. .(6) Continuing education requirements for an options counselor. An options counselor shall: a. Obtain during the term of employment eight hours of relevant training annually as required by the department. b. Document training related to the provision of options counseling if eight hours of training are not obtained in accordance with paragraph 23.7(6)“a.” Documentation shall be included in the individual’s personnel record. [Filed 11/15/17, effective 1/10/18][Published 12/6/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/6/17.ARC 3486CAgriculture and Land Stewardship Department[21]Adopted and FiledPursuant to the authority of Iowa Code sections 159.5(10) and 199.11, the Department of Agriculture and Land Stewardship hereby amends Chapter 40, “Agricultural Seeds,” Iowa Administrative Code. This amendment eliminates the requirement that small packages of vegetable seed have the germination rate on the label, which only applies to packets of one pound or less which are prepared for use in home gardens or household plantings or for vegetable seeds in preplanted containers, mats, tapes or other planting devices in containers. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3359C on October 11, 2017. No comments were received from the public. The adopted amendment is identical to the noticed amendment. After analysis and review of this rule making, no adverse impact on jobs has been found. This amendment is intended to implement Iowa Code sections 189.9(1) and 199.3. This amendment will become effective January 10, 2018. The following amendment is adopted.
ITEM 1. Amend rule 21—40.3(199) as follows:21—40.3(199) Labeling. Agricultural and vegetable seeds in package or wrapped form shall be labeled in accordance with Iowa Code section 189.9(1). In addition, labeling requirements appearing in Title 7, C.F.R., Subchapter K, Part 201, Sections 201.8 through and including 201.36(c), revised as of January 1, 1982, are hereby adopted by this reference and shall be the labeling requirements for agricultural and vegetable seeds in Iowa.However, the germination rate is not required for small packages of vegetable seed in packets of one pound or less which are prepared for use in home gardens or household plantings or for vegetable seeds in preplanted containers, mats, tapes or other planting devices in containers. [Filed 11/15/17, effective 1/10/18][Published 12/6/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/6/17.ARC 3487CDental Board[650]Adopted and FiledPursuant to the authority of Iowa Code sections 147.76, 153.15 and 153.33, the Dental Board hereby amends Chapter 10, “General Requirements,” Iowa Administrative Code. 2017 Iowa Acts, Senate File 479, was signed into law by the Governor during the recent 2017 Legislative Session. The law, which went into effect on July 1, 2017, allows dental hygienists to provide educational services without the supervision of a licensed dentist. These amendments change the scope of practice of dental hygienists to include the provision of educational services without the supervision of a licensed dentist. Notice of Intended Action was published in Iowa Administrative Bulletin on August 15, 2017, as ARC 3253C. A public hearing was held on September 12, 2017, at 2 p.m. at the office of the Iowa Dental Board. There were not any attendees at the public hearing, nor were any written comments received. The Board reviewed and discussed the amendments during its October 13, 2017, open session Board meeting and, after allowing additional comments from the public, adopted the amendments. These amendments are identical to those published under Notice. These amendments are not subject to waiver or variance pursuant to 650—Chapter 7. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 153.15 as amended by 2017 Iowa Acts, Senate File 479. These amendments will become effective January 10, 2018. The following amendments are adopted.
ITEM 1. Amend subrule 10.3(1) as follows: 10.3(1) “Practice of dental hygiene” as defined in Iowa Code section 153.15as amended by 2017 Iowa Acts, Senate File 479, means the performance of the following educational, therapeutic, preventive and diagnostic dental hygiene procedures which areservices. Such services, except educational services, shall be delegated by andperformed under the supervision of a dentist licensed pursuant to Iowa Code chapter 153. a. Educational. Assessing the need for, planning, implementing, and evaluating oral health education programs for individual patients and community groups; conducting workshops and in-service training sessions on dental health for nurses, school personnel, institutional staff, community groups and other agencies providing consultation and technical assistance for promotional, preventive and educational services. b. Therapeutic. Identifying and evaluating factors which indicate the need for and performing (1) oral prophylaxis, which includes supragingival and subgingival debridement of plaque, and detection and removal of calculus with instruments or any other devices; (2) periodontal scaling and root planing; (3) removing and polishing hardened excess restorative material; (4) administering local anesthesia with the proper permit; (5) administering nitrous oxide inhalation analgesia in accordance with 650—subrules 29.6(4) and 29.6(5); (6) applying or administering medicaments prescribed by a dentist, including chemotherapeutic agents and medicaments or therapies for the treatment of periodontal disease and caries; (7) removal of adhesives. c. Preventive. Applying pit and fissure sealants and other medications or methods for caries and periodontal disease control; organizing and administering fluoride rinse or sealant programs. d. Diagnostic. Reviewing medical and dental health histories; performing oral inspection; indexing dental and periodontal disease; preliminary charting of existing dental restorations and teeth; making occlusal registrations for mounting study casts; testing pulp vitality; analyzing dietary surveys. e. The following services may only be delegated by a dentist to a dental hygienist: administration of local anesthesia, placement of sealants, and the removal of any plaque, stain, calculus, or hard natural or synthetic material except by toothbrush, floss, or rubber cup coronal polish. ITEM 2. Amend subrule 10.3(2) as follows: 10.3(2) All authorized services provided by a dental hygienist, except educational services, shall be performed under the general, direct, or public health supervision of a dentist currently licensed in the state of Iowa in accordance with 650—1.1(153) and 650—10.5(153). ITEM 3. Amend rule 650—10.4(153), introductory paragraph, as follows:650—10.4(153) Unauthorized practice of a dental hygienist. A dental hygienist who assists a dentist in practicing dentistry in any capacity other than as an employee or independent contractor supervised by a licensed dentist or who directly or indirectly procures a licensed dentist to act as nominal owner, proprietor, director, or supervisor of a practice as a guise or subterfuge to enable such dental hygienist to engage in the practice of dentistry or dental hygiene or who renders dental service(s)services, except educational services, directly or indirectly on or for members of the public other than as an employee or independent contractor supervised by a licensed dentist shall be deemed to be practicing illegally. ITEM 4. Amend subrule 10.4(3) as follows: 10.4(3) A dental hygienist shall not practiceprovide services, except for educational services, independent from the supervision of a dentist nor shall a dental hygienist establish or maintain an office or other workplace separate or independent from the office or other workplace in which the supervision of a dentist is provided. [Filed 11/13/17, effective 1/10/18][Published 12/6/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/6/17.ARC 3488CDental Board[650]Adopted and FiledPursuant to the authority of Iowa Code sections 147.34 and 153.21, the Dental Board hereby amends Chapter 11, “Licensure to Practice Dentistry or Dental Hygiene,” Chapter 12, “Dental and Dental Hygiene Examinations,” and Chapter 15, “Fees,” Iowa Administrative Code. The purpose of these amendments is to implement an alternative examination for licensure pursuant to 2016 Iowa Acts, House File 2387, signed by the Governor on March 30, 2016. The amendments to Chapter 11 add an alternative examination for students at the University of Iowa College of Dentistry. These amendments allow students or graduates of the University of Iowa to complete a portfolio examination and submit it for the purposes of licensure on the basis of examination. These amendments also establish the time period during which an application on the basis of portfolio examination would be accepted. The amendments to Chapter 12 establish the basis of the portfolio examination, the criteria for administering the portfolio examination and related procedures, and the scoring requirements for successful completion of the portfolio examination. The amendments to Chapter 15 establish the fee for examination for licensure by portfolio. The fee is intended to cover the anticipated costs of proctoring the examination. These amendments also update several cross references within Chapter 15. Notice of Intended Action was published in the Iowa Administrative Bulletin on August 16, 2017, as ARC 3252C. A public hearing was held on September 12, 2017, at 2 p.m. at the office of the Dental Board. There were not any attendees at the public hearing, nor were any written comments received. Since publication of the Notice, one change has been made. The amendment in Item 9, which proposed to update cross references in renumbered rule 650—15.7(147,153), was not adopted. As a result, the amendment proposed in Item 9 is now incorporated in Item 3 of ARC 3490C, published herein. The Board reviewed and discussed the amendment during its October 13, 2017, open session Board meeting and, after allowing additional comments from the public, adopted the amendments. The amendments to Chapters 11 and 12 are subject to waiver or variance pursuant to 650—Chapter 7. The amendments to Chapter 15 are not subject to waiver or variance pursuant to 650—Chapter 7. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement 2016 Iowa Acts, House File 2387. These amendments will become effective January 10, 2018. The following amendments are adopted.
ITEM 1. Amend subrule 11.2(2) as follows: 11.2(2) Applications for licensure must be filed with the board along with: a. Documentation of graduation from dental college.Satisfactory evidence of graduation with a DDS or DMD from an accredited dental college approved by the board or satisfactory evidence of meeting the requirements specified in rule 650—11.4(153). b. Certification of good standing from dean or designee.Certification by the dean or other authorized representative of the dental school that the applicant has been a student in good standing while attending that dental school. c. Documentation of passage of national dental examination.Evidence of attaining a grade of at least 75 percent on the examination administered by the Joint Commission on National Dental Examinations. d. Documentation of passage of a regional clinical examination. (1) Successful passage of a regionalboard-approved clinical examination within the previous five-year period with a grade of at least 75 percent. (2) The following regionalclinical examinations are approved by the board for purposes of licensure by examination: the Central Regional Dental Testing Service, Inc. examination as administered by the Central Regional Dental Testing Service, Inc. (CRDTS), the Western Regional Examining Board examination as administered by the Western Regional Examining Board (WREB), the Southern Regional Testing Agency, Inc. examination as administered by the Southern Regional Testing Agency, Inc. (SRTA), and the American Board of Dental Examiners, Inc. examination as administered by the Commission on Dental Competency Assessments (CDCA) and the Council of Interstate Testing Agencies, Inc. (CITA). (3) Beginning January 1, 2018, the 2014 California portfolio examination is approved by the board for the purposes of licensure by examination. To be eligible for licensure on the basis of portfolio examination, an applicant must be a student at the University of Iowa College of Dentistry or have graduated from the University of Iowa College of Dentistry within one year of the date of application. e. Explanation of any legal or administrative actions.A statement disclosing and explaining any disciplinary actions, investigations, complaints, malpractice claims, judgments, settlements, or criminal charges. f. Payment of application, fingerprint and background check fees.The nonrefundable application fee, plus the fee for the evaluation of the fingerprint packet and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI), as specified in 650—Chapter 15. g. Documentation of passage of jurisprudence examination.Evidence of successful completion of a board-approved jurisprudence examination with a grade of at least 75 percent. h. Current CPR certification.A statement: (1) Confirming that the applicant possesses a valid certificate from a nationally recognized course in cardiopulmonary resuscitation (CPR) that included a “hands-on” clinical component; (2) Providing the expiration date of the CPR certificate; and (3) Acknowledging that the CPR certificate will be retained and made available to board office staff as part of routine auditing and monitoring. i. Completed fingerprint packet.A completed fingerprint packet to facilitate a criminal history background check by the DCI and FBI. ITEM 2. Amend subrule 11.3(2) as follows: 11.3(2) Applications must be filed with the board along with: a. Satisfactory evidence of graduation with a DDS or DMD from an accredited dental college approved by the board or satisfactory evidence of meeting the requirements specified in rule 650—11.4(153). b. Evidence of attaining a grade of at least 75 percent on the examination of the Joint Commission on National Dental Examinations or evidence of attaining a grade of at least 75 percent on a written examination during the last ten years that is comparable to the examination given by the Joint Commission on National Dental Examinations. Any dentist who has lawfully practiced dentistry in another state or territory for five years may be exempted from presenting this evidence. c. A statement of any dental examinations taken by the applicant, with indication of pass/fail for each examination taken. Any dentist who has lawfully practiced dentistry in another state or territory for five or more years may be exempted from presenting this evidence. d. Evidence of a current, valid license to practice dentistry in another state, territory or district of the United States issued under requirements equivalent or substantially equivalent to those of this state. e. Evidence that the applicant has met at least one of the following: (1) Has less than three consecutive years of practice immediately prior to the filing of the application and evidence of attaining a grade of at least 75 percent on a regionalboard-approved clinical examination within the previous five-year period. The following regional examinations are approved by the board for purposes of licensure by credentials: the Central Regional Dental Testing Service, Inc. examination as administered by the Central Regional Dental Testing Service, Inc. (CRDTS), the Western Regional Examining Board examination as administered by the Western Regional Examining Board (WREB), the Southern Regional Testing Agency, Inc. examination as administered by the Southern Regional Testing Agency, Inc. (SRTA), and the American Board of Dental Examiners, Inc. examination as administered by the Commission on Dental Competency Assessments (CDCA) and the Council of Interstate Testing Agencies, Inc. (CITA), and the 2014 California portfolio examination; or (2) Has for three consecutive years immediately prior to the filing of the application been in the lawful practice of dentistry in such other state, territory or district of the United States. f. Evidence from the state board of dentistry, or equivalent authority, from each state in which applicant has been licensed to practice dentistry, that the applicant has not been the subject of final or pending disciplinary action. g. A statement disclosing and explaining any disciplinary actions, investigations, malpractice claims, complaints, judgments, settlements, or criminal charges, including the results of a self-query of the National Practitioner Data Bank (NPDB). h. The nonrefundable application fee for licensure by credentials, plus the fee for the evaluation of the fingerprint packet and the criminal history background checks by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI), as specified in 650—Chapter 15. i. Current CPR certification.A statement: (1) Confirming that the applicant possesses a valid certificate from a nationally recognized course in cardiopulmonary resuscitation (CPR) that included a “hands-on” clinical component; (2) Providing the expiration date of the CPR certificate; and (3) Acknowledging that the CPR certificate will be retained and made available to board office staff as part of routine auditing and monitoring. j. Evidence of successful completion of a board-approved jurisprudence examination with a grade of at least 75 percent. k. A completed fingerprint packet to facilitate a criminal history background check by the DCI and FBI. ITEM 3. Renumber rules 650—12.3(147,153) and 650—12.4(147,153) as 650—12.4(147,153) and 650—12.5(147,153). ITEM 4. Adopt the following new rule 650—12.3(147,153):650—12.3(147,153) Portfolio examination procedure for dentistry. 12.3(1) Completion of a portfolio examination. The 2014 California portfolio examination is accepted for licensure by examination for University of Iowa graduates. To meet the requirements for dental licensure and portfolio examination, applicants shall complete the portfolio examination as administered at the University of Iowa College of Dentistry (College of Dentistry). 12.3(2) Compliance with testing requirements and procedures. a. The board shall oversee all aspects of the portfolio examination process but shall not interfere with the College of Dentistry’s authority to establish and deliver an accredited curriculum. The board shall determine an end-of-year deadline, in consultation with the College of Dentistry, to determine when the portfolio examinations shall be completed and submitted to the board for review by the board’s examiners. b. The portfolio examination shall be conducted while the applicant is actively enrolled as a student at the College of Dentistry. This examination shall utilize uniform standards of clinical experiences and competencies as outlined in the 2014 California portfolio examination. The applicant shall pass a final assessment of the submitted portfolio at the end of the applicant’s dental school education at the College of Dentistry. c. Before any portfolio examination may be submitted to the board, the applicant shall remit to the board the required portfolio examination fee as specified in 650—Chapter 15 and a letter of good standing signed by the dean of the College of Dentistry stating that the applicant has graduated or will graduate with no pending ethical issues. 12.3(3) Scoring requirements. a. Final clinical competencies performed by the applicant must be evaluated by two examiners who have participated in standardization, calibration and training. The examiners shall be approved by the board and may include faculty, board members or board member designees. Board members or board member designees shall have priority as examiners at all times. The College of Dentistry shall submit to the board the names of the portfolio examiners for consideration by January 1 of each calendar year. b. The College of Dentistry shall provide a minimum of a seven-day notice for all final competencies. In the event that a seven-day notice cannot be provided, the College of Dentistry must notify the board immediately. In the event that no board members or designees are available to participate in an evaluation, the College of Dentistry may use two board-approved portfolio examiners. c. Successful completion of each competency shall result in a score that meets minimum competence-level performance. Scoring criteria for each competency is outlined in the 2014/2015 California Examiner Training Manual. d. The board shall monitor and audit the standardization and calibration of examiners at least biennially to ensure standardization and an acceptable level of calibration in the grading of the examination. The College of Dentistry’s competency examinations with regard to the portfolio examination shall be audited annually by the board. 12.3(4) Compliance with clinical operation requirements. a. The board shall require and verify the successful completion of a minimum number of clinical experiences for the portfolio examination. b. The board shall require and verify the successful completion of a set number of competency examinations performed on a patient of record. The clinical experiences include, but are not limited to, the following: (1) Comprehensive oral diagnosis and treatment planning; (2) Periodontics; (3) Direct restorations; (4) Indirect restorations; (5) Removable prosthodontics; and (6) Endodontics. ITEM 5. Amend renumbered subrule 12.5(1) as follows: 12.5(1) Method of counting failures. a. For the purposes of counting examination failures, the board shall utilize the policies adopted by each respective testing agency. b. A dental hygiene examinee who has two examination failures will be required to complete the remedial education requirements set forth in subrule 12.4(2)12.5(2). ITEM 6. Renumber rules 650—15.3(153) to 650—15.14(17A,147,153,272C) as 650—15.4(153) to 650—15.15(17A,147,153,272C). ITEM 7. Adopt the following new rule 650—15.3(153):650—15.3(153) Examination fees. All fees are nonrefundable. In addition to the fees specified in this rule, an applicant will pay a service charge for filing online. 15.3(1) Portfolio dental examination fee. The fee for dental examination on the basis of portfolio is $1500. 15.3(2) Reserved. ITEM 8. Amend renumbered rule 650—15.4(153) as follows:650—15.4(153) Application fees. All fees are nonrefundable. In addition to the fees specified in this rule, an applicant will pay a service charge for filing online. 15.4(1) Dental licensure on the basis of examination. The fees for a dental license issued on the basis of examination include an application fee, a fee for evaluation of a fingerprint packet and criminal background check and, if the applicant is applying within three months or less of a biennial renewal due date, the renewal fee. a. Application fee.The application fee for a license to practice dentistry is $200. b. Initial licensure period and renewal period.If an applicant applies within three months or less of a biennial renewal due date, the applicant shall pay the renewal fee along with the licensure application fee. A license shall not be issued for a period less than three months or longer than two years and three months. Thereafter, a licensee shall pay the renewal fee as specified in 650—15.4(153)rule 650—15.5(153). c. Fingerprint packet and criminal history check.The fee for evaluation of a fingerprint packet and criminal background check is as specified in subrule 15.7(4)15.8(4). 15.4(2) Dental hygiene licensure on the basis of examination. The fees for a dental hygiene license issued on the basis of examination include an application fee, an initial licensure fee, and a fee for evaluation of a fingerprint packet and criminal background check. a. Application fee.The application fee for a license to practice dental hygiene is $100. b. Initial licensure period and renewal period.If an applicant applies within three months or less of a biennial renewal due date, the applicant shall pay the renewal fee along with the licensure application fee. A license shall not be issued for a period less than three months or longer than two years and three months. Thereafter, a licensee shall pay the renewal fee as specified in 650—15.4(153)rule 650—15.5(153). c. Fingerprint packet and criminal history check.The fee for evaluation of a fingerprint packet and criminal background check is as specified in subrule 15.7(4)15.8(4). 15.4(3) Resident dental license. The application fee for a resident dental license is $120. 15.4(4) Faculty permit. The application fee for a faculty permit is $200. 15.4(5) Dental licensure on the basis of credentials. The fees for a dental license issued on the basis of credentials include an application fee, an initial licensure fee, and a fee for evaluation of a fingerprint packet and criminal background check. a. Application fee.The application fee for a license to practice dentistry issued on the basis of credentials is $550. b. Initial licensure period and renewal period.If an applicant applies within three months or less of a biennial renewal due date, the applicant shall pay the renewal fee along with the licensure application fee. A license shall not be issued for a period less than three months or longer than two years and three months. Thereafter, a licensee shall pay the renewal fee as specified in 650—15.4(153)rule 650—15.5(153). c. Fingerprint packet and criminal history check.The fee for evaluation of a fingerprint packet and criminal background check is as specified in subrule 15.7(4)15.8(4). 15.4(6) Dental hygiene licensure on the basis of credentials. The fees for a dental hygiene license issued on the basis of credentials include an application fee, an initial licensure fee, and a fee for evaluation of a fingerprint packet and criminal background check. a. Application fee.The application fee for a license to practice dental hygiene issued on the basis of credentials is $200. b. Initial licensure period and renewal period.If an applicant applies within three months or less of a biennial renewal due date, the applicant shall pay the renewal fee along with the licensure application fee. A license shall not be issued for a period less than three months or longer than two years and three months. Thereafter, a licensee shall pay the renewal fee as specified in 650—15.4(153)rule 650—15.5(153). c. Fingerprint packet and criminal history check.The fee for evaluation of a fingerprint packet and criminal background check is as specified in subrule 15.7(4)15.8(4). 15.4(7) Reactivation of an inactive license or registration. The fee for a reactivation application for inactive practitioners is $50. 15.4(8) Reinstatement of an inactive license or registration. The fee for a reinstatement application for a lapsed license or registration is $150. 15.4(9) General anesthesia permit application. The application fee for a general anesthesia permit is $500. 15.4(10) Moderate sedation permit application. The application fee for a moderate sedation permit is $500. 15.4(11) Local anesthesia permit—initial application and reinstatement. The application or reinstatement fee for a permit to authorize a dental hygienist to administer local anesthesia is $70. 15.4(12) Dental assistant trainee application. The fee for an application for registration as a dental assistant trainee is $25. 15.4(13) Dental assistant registration only application. a. Application fee.The application fee for dental assistant registration is $40. b. Initial registration period and renewal period.If an applicant applies within three months or less of a biennial renewal due date, the applicant shall pay the renewal fee along with the registration application fee. A dental assistant registration shall not be issued for a period less than three months or longer than two years and three months. Thereafter, a registrant shall pay the renewal fee as specified in 650—15.4(153)rule 650—15.5(153). 15.4(14) Combined application—dental assistant registration and qualification in radiography. a. Application fee.The application fee for a combined application for both registration as a registered dental assistant and radiography qualification is $60. b. Initial combined registration and radiography qualification period and renewal period.If an applicant applies within three months or less of a biennial renewal due date, the applicant shall pay the renewal fee along with the combined registration/radiography qualification application fee. A dental assistant registration and radiography qualification shall not be issued for a period less than three months or longer than two years and three months. Thereafter, the applicant shall pay the renewal fee as specified in 650—15.4(153)rule 650—15.5(153). 15.4(15) Dental assistant radiography qualification application fee. The fee for an application for dental assistant radiography qualification is $40. 15.4(16) Temporary permit—urgent need or educational services. The fee for an application for a temporary permit to serve an urgent need or provide educational services is $100 if an application is submitted online or $150 if submitted via paper application. 15.4(17) Temporary permit—volunteer services. Rescinded ARC 0984C, IAB 9/4/13, effective 10/9/13. [Filed 11/14/17, effective 1/10/18][Published 12/6/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/6/17.ARC 3489CDental Board[650]Adopted and FiledPursuant to the authority of Iowa Code sections 147.10, 147.11, 153.15A, 153.39 and 272C.2, the Dental Board hereby amends Chapter 14, “Renewal and Reinstatement,” and Chapter 20, “Dental Assistants,” and rescinds Chapter 25, “Continuing Education,” Iowa Administrative Code, and adopts a new Chapter 25 with the same title. These amendments rescind Chapter 25 and replace it with a new Chapter 25 pertaining to updated continuing education requirements and standards. The purpose of these amendments is to clarify continuing education requirements for renewal of licenses and registrations and to simplify requirements for continuing education course and sponsor review. These amendments place all continuing education requirements for the purposes of renewal in a single chapter. Currently, continuing education requirements for dental assistants are found in Chapter 20. The continuing education requirements for dental assistants are being stricken from Chapter 20 and moved to Chapter 25. These amendments update and add definitions to the chapter to clarify intent and to allow the approval of programs and activities when content clearly meets established requirements for approval. The amendments clarify when proof of continuing education shall be submitted, as the result of a registrant’s or licensee’s being selected for an audit. These amendments update and clarify the list of acceptable and unacceptable topics for continuing education credit and add a provision to allow credit for those who complete the Dental Assisting National Board (DANB) examination during the current reporting period. These amendments establish a new rule 650—25.9(153), “Designation of continuing education hours,” which sets forth the number of continuing education hours that will be awarded for certain specific activities. These amendments establish new requirements for continuing education in the areas of infection control and jurisprudence for all Iowa licensees and registrants. These amendments put a limit on the length of time for which continuing education courses would be eligible for credit following review and approval by the Board. This provision will ensure that courses for which credit is awarded are current and include relevant concepts and information. These amendments update the notification requirement following the Board’s decision regarding continuing education requests. Current requirements require notification by ordinary mail. The new rule requires written notification by email. The purposes of the amendments to Chapter 14 are to clarify the provisions for placing a license or registration on inactive status and to update provisions regarding the reactivation or reinstatement of an inactive or lapsed license or registration. These amendments move the rules relating to reinstatement of an inactive practitioner from Chapter 25 to Chapter 14 to allow renewal and reinstatement requirements to be addressed in a single chapter. The amendments to Chapter 14 add a provision that a practitioner who has not actively practiced clinically for a period of five years or more may be required to complete an examination or assessment to prove competency. The amendments to Chapter 14 lower from 50 hours to 30 hours the cap on the number of continuing education hours that a dental assistant is required to submit for reinstatement or reactivation. The amendments eliminate the need for submission of a separate signed form in cases where a licensee or registrant renews on inactive status. The amendments to Chapter 20 add definitions to refine the roles of dental assistants in the dental office. The amendments also clarify the procedures that may be completed under general supervision and the requirements of personal supervision. The amendments to Chapter 20 clarify the timeline for dental assistant trainee status and application for dental assistant registration. These amendments add a rule to Chapter 20 for applicant responsibilities regarding the submission of applications, the time period for applications, and the information being submitted, using language currently in Chapter 11, “Licensure to Practice Dentistry or Dental Hygiene.” Notice of Intended Action was published in the Iowa Administrative Bulletin on July 5, 2017, as ARC 3157C. A public hearing was held on July 27, 2017, at 2 p.m. at the office of the Iowa Dental Board. There were not any attendees at the public hearing, nor were any written comments received. Since publication of the Notice, two changes were made. In subrules 25.4(4) and 25.4(5), the beginning date was changed from July 1, 2018, to September 1, 2018. In subrule 25.4(5), the jurisprudence was specified as “Iowa jurisprudence.” The Board reviewed and discussed these amendments during its October 13, 2017, open session board meeting and, after allowing additional comments from the public, adopted the amendments. These amendments are subject to waiver or variance pursuant to 650—Chapter 7. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapters 153 and 272C. These amendments will become effective January 10, 2018. The following amendments are adopted.
ITEM 1. Amend rule 650—14.1(147,153,272C), introductory paragraph, as follows:650—14.1(147,153,272C) Renewal of license to practice dentistry or dental hygiene. A license to practice dentistry or a license to practice dental hygiene must be renewed prior to the expiration date of the license. Dental hygiene licenses expire on August 31 of every odd-numbered year. Dental licenses expire August 31 of every even-numbered year.A licensee who is not engaged in practice in the state of Iowa may place the license on inactive status by submitting a renewal form and paying the required renewal fee. No continuing education hours are required to renew a license on inactive status until application for reactivation is made. A request to place a license on inactive status shall also contain a statement that the applicant will not engage in the practice of the applicant’s profession in Iowa without first complying with all rules governing reactivation of inactive licenses. ITEM 2. Amend subrule 14.1(1) as follows: 14.1(1) Application renewal procedures. a. Renewal notice.The board office will send a renewal notice by regular mail or e-mail to each licensee at the licensee’s last-known mailing or e-mail address. b. Licensee and permit holder obligation.The licensee or permit holder is responsible for renewing the license or permit prior to its expiration. Failure of the licensee or permit holder to receive the notice does not relieve the licensee or permit holder of the responsibility for renewing that license or permit in order to continue practicing in the state of Iowa. c. Renewal application form.Application for renewal must be made on forms provided by the board office. Licensees and permit holders may renew their licenses and permits online or via paper application. d. Complete and timely filed application.No renewal application shall be considered timely and sufficient until received by the board office and accompanied by all material required for renewal and all applicable renewal and late fees. Incomplete applications will be not be accepted. For purposes of establishing timely filing, the postmark on a paper submittal will be used, and for renewals submitted online, the electronic timestamp will be deemed the date of filing. ITEM 3. Amend rule 650—14.2(153), introductory paragraph, as follows:650—14.2(153) Renewal of registration as a dental assistant. A certificate of registration as a registered dental assistant must be renewed biennially. Registration certificates shall expire on August 31 of every odd-numbered year.A registrant who is not engaged in practice in the state of Iowa may place the registration on inactive status by submitting a renewal form and paying the required renewal fee. No continuing education hours are required to renew a registration on inactive status until application for reactivation is made. A request to place a registration on inactive status shall also contain a statement that the applicant will not engage in the practice of the applicant’s profession in Iowa without first complying with all rules governing reactivation of inactive registrations. ITEM 4. Amend paragraph 14.2(1)"a" as follows: a. Renewal notice.The board office will send a renewal notice by regular mail or e-mail to each registrant at the registrant’s last-known mailing address or e-mail address. The board will notify each registrant by mail or e-mail of the expiration of the registration certificate. ITEM 5. Amend subrule 14.2(3) as follows: 14.2(3) Continuing education requirements. Completion of continuing education as specified in rule 650—20.11(153) and 650—Chapter 25 is required for renewal of an active registration. Failure to meet the requirements of renewal in the time specified by rule will automatically result in a lapsed registration. ITEM 6. Amend rule 650—14.6(147,153,272C) as follows:650—14.6(147,153,272C) Reinstatement of a lapsed license or registration. 14.6(1) A licensee or a registrant who allows a license or registration to lapse by failing to renew may have the license or registration reinstated at the discretion of the board by submitting the following: a. A completed application for reinstatement of a lapsed licenseor registration to practice dentistry,or dental hygieneor dental assisting, on forms provided by the board, in addition to the required fee or application for reinstatement of a lapsed registration on the form provided by the board. b. Dates and places of practice. c. A list of other states in which licensed or registered and the identifying number of each license or registration. d. Reasons for seeking reinstatement and why the license or registration was not maintained. e. Payment of all renewal fees past due, as specified in 650—Chapter 15, plus the reinstatement fee as specified in 650—Chapter 15. f. Evidence of completion of a total of 15 hours of continuing education for each lapsed year or part thereof in accordance with 650—Chapter 25, up to a maximum of 75 hours. Dental assistants shall be required to submit evidence of completion of a total of 10 hours of continuing education for each lapsed year or part thereof in accordance with 650—20.12(153)650—Chapter 25, up to a maximum of 5030 hours, or evidence of the full-time or part-time practice of the profession in another state of the United States or the District of Columbia, for a minimum of two years within the previous five-year period, and a statement verifying that continuing education requirements in that state of practice have been met. g. If licensed or registered in another state, the licensee or registrant shall provide certification by the state board of dentistry or equivalent authority of such state that the licensee or registrant has not been the subject of final or pending disciplinary action. h. A statement disclosing and explaining any disciplinary actions, investigations, claims, complaints, judgments, settlements, or criminal charges. i. Evidence that the applicant possesses a current certificate in a nationally recognized course in cardiopulmonary resuscitation. The course must include a clinical component. j. For reinstatement of a lapsed license, a completed fingerprint packet to facilitate a criminal history background check by the Iowa division of criminal investigation (DCI) and the Federal Bureau of Investigation (FBI), including the fee for the evaluation of the fingerprint packet and the criminal history background checks by the DCI and FBI, as specified in 650—Chapter 15. 14.6(2) The board may require a licensee or registrantwho is applying for reinstatement, and has not actively practiced clinically within the previous five years, to successfully complete an examination designated by the board prior to reinstatement if necessary to ensure the licensee or registrant is able to practice the licensee’s or registrant’s respective profession with reasonable skill and safetya regional clinical examination, or other board-approved examination or assessment, for the purpose of ensuring that the applicant possesses sufficient knowledge and skill to practice safely. 14.6(3) When the board finds that a practitioner applying for reinstatement is or has been subject to disciplinary action taken against a license or registration held by the applicant in another state of the United States, District of Columbia, or territory, and the violations which resulted in such actions would also be grounds for discipline in Iowa in accordance with rule 650—30.4(153), the board may deny reinstatement of a license or registration to practice dentistry, dental hygiene, or dental assisting in Iowa or may impose any applicable disciplinary sanctions as specified in rule 650—30.2(153) as a condition of reinstatement. 14.6(4) The dental hygiene committee may, in its discretion, review any applications for reinstatement of a lapsed dental hygiene license and make recommendations to the board. The board’s review of the dental hygiene committee recommendation is subject to 650—Chapter 1. This rule is intended to implement Iowa Code sections 147.10, 147.11, and 272C.2. ITEM 7. Adopt the following new rule 650—14.8(153):650—14.8(153) Reactivation of an inactive license or registration. 14.8(1) Inactive practitioners shall, prior to engaging in the practice of dentistry, dental hygiene, or dental assisting in the state of Iowa, satisfy all of the following requirements for reactivation: a. Submit application for reactivation to the board upon forms provided by the board, in addition to the required fee. b. Provide evidence of one of the following: (1) The full-time or part-time practice of the profession in another state of the United States or the District of Columbia for a minimum of two years within the previous five-year period; or (2) Completion of a total number of hours of approved continuing education computed by multiplying 15 by the number of years the license has been on inactive status for a dentist or dental hygienist, up to a maximum of 75 hours for a dentist or dental hygienist, or by multiplying 10 by the number of years the registration has been on inactive status for a dental assistant, up to a maximum of 30 hours for a dental assistant. c. Submit evidence that the applicant possesses a current certificate in a nationally recognized course in cardiopulmonary resuscitation (CPR). The course must include a clinical component. 14.8(2) The board may require a licensee or registrant who is applying for reactivation and has not actively practiced clinically in the previous five years to successfully complete a regional clinical examination, or other board-approved examination or assessment, to ensure the licensee or registrant is able to practice with reasonable skill and safety. 14.8(3) Applications must be filed with the board along with the following: a. Certification by the state board of dentistry or equivalent authority of the state in which the applicant has been licensed or has engaged in the practice of the applicant’s profession that the applicant has not been the subject of final or pending disciplinary action. b. Statement as to any claims, complaints, judgments or settlements made with respect to the applicant arising out of the alleged negligence or malpractice in rendering professional services as a dentist, dental hygienist, or dental assistant. ITEM 8. Amend rule 650—20.2(153) as follows:650—20.2(153) Definitions. As used in this chapter: "Dental assistant" means any person who, under the supervision of a dentist, performs any extraoral services including infection control or the use of hazardous materials or performs any intraoral services on patients. The term “dental assistant” does not include persons otherwise actively licensed in Iowa to practice dental hygiene or nursing who are engaged in the practice of said profession. "Dental assistant trainee" means any person who is engaging in on-the-job training to meet the requirements for registration and who is learning the necessary skills under the personal supervision of a licensed dentist. Trainees may also engage in on-the-job training in dental radiography pursuant to 650—22.3(136C,153). "Direct supervision" means that the dentist is present in the treatment facility, but it is not required that the dentist be physically present in the treatment room while the registered dental assistant is performing acts assigned by the dentist. "General supervision" means that a dentist has examined the patient and has delegated the services to be provided by a registered dental assistant, which are limited to all extraoral duties, dental radiography, intraoral suctioning, and use of a curing light, intraoral digital imaging and intraoral camera. The dentist need not be present in the facility while these services are being provided. "Personal supervision" for intraoral proceduresmeans the dentist is physically present in the treatment room to oversee and direct all intraoral or chairside services of the dental assistant andtrainee. “Personal supervision” for extraoral procedures means a licensee or registrant is physically presentin the treatment room to oversee and direct all extraoral services of the dental assistanttrainee. "Public health supervision" means all of the following:- The dentist authorizes and delegates the services provided by a registered dental assistant to a patient in a public health setting, with the exception that services may be rendered without the patient’s first being examined by a licensed dentist;
- The dentist is not required to provide future dental treatment to patients served under public health supervision;
- The dentist and the registered dental assistant have entered into a written supervision agreement that details the responsibilities of each licensee/registrant, as specified in subrule 20.16(2); and
- The registered dental assistant has an active Iowa registration and a minimum of one year of clinical practice experience.
- Dental hygiene continuing education requirements and requests for approval of programs, activities and sponsors.
- Requests by dental hygienists for waivers, extensions and exemptions of the continuing education requirements.
- Requests for exemptions from inactive dental hygiene practitioners.
- Requests for reinstatement from inactive dental hygiene practitioners.
- Appeals of denial of dental hygiene continuing education and conduct of hearings as necessary.
Pursuant to the authority of Iowa Code sections 147.80 and 272C.6, the Dental Board hereby amends Chapter 15, “Fees,” Iowa Administrative Code. These amendments update the definition of “fee” to reflect the definition of “overpayment” provided in Chapter 1. These amendments reduce the total back renewal fees owed for the reinstatement of a lapsed dental assistant registration, and eliminate the fee for notification of public orders if provided via email. These amendments clarify the types of items available for purchase and the formats in which the items may be provided. These amendments update the types of data provided in the standard mailing and data lists. These amendments also seek to clarify the types of costs that may be recovered following a disciplinary hearing. Notice of Intended Action was published in the Iowa Administrative Bulletin on July 5, 2017, as ARC 3156C. A public hearing was held on July 27, 2017, at 2 p.m. at the office of the Iowa Dental Board. There were not any attendees at the public hearing, nor were any written comments received. Due to further discussion by staff, a change has been made to the definition of “fee” to better address the issue of overpayment. Also, cross references in Item 3 have been updated to reflect the renumbering of rules 650—15.3(153) to 650—15.14(17A,147,153,272C) in ARC 3488C, published herein. The Board reviewed and discussed the amendments during its October 13, 2017, open session Board meeting and, after allowing additional comments from the public, adopted the amendments. These amendments are not subject to waiver or variance pursuant to 650—Chapter 7. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code sections 147.80 and 272C.6. These amendments will become effective January 10, 2018. The following amendments are adopted.
ITEM 1. Amend rule 650—15.2(147,153) as follows:650—15.2(147,153) Definitions. The following definitions apply to this chapter: "Fee" means the amount charged for the services described in this chapter. All fees are nonrefundable. The board office will refund any overpayment of fees.Overpayment of the fee will result in return of the original request and payment, prior to processing, with a clarification of the total amount due. "Service charge" means the amount charged for making a service available online and is in addition to the actual fee for a service itself. For example, a licensee who renews a license online will pay the license renewal fee and a service charge. ITEM 2. Amend subrule 15.3(8) as follows: 15.3(8) Reinstatement of an inactivelapsed license or registration. The fee for a reinstatement application for a lapsed license or registration is $150. ITEM 3. Amend rule 650—15.6(147,153) as follows:650—15.6(147,153) Reinstatement fees. If a license, registration or permit lapses or is inactive, a licensee, registrant or permit holder may submit an application for reinstatement. Licensees, registrants or permit holders are subject to reinstatement fees as described in this rule. 15.6(1) Reinstatement of a dental license. In addition to the reinstatement application fee specified in 15.3(8)subrule 15.4(8), the applicant must pay all back renewal fees (not to exceed $750) and the fee for evaluation of a fingerprint packet and criminal background check as specified in 15.7(4)subrule 15.8(4). 15.6(2) Reinstatement of a dental hygiene license. In addition to the reinstatement application fee specified in 15.3(8)subrule 15.4(8), the applicant must pay all back renewal fees (not to exceed $750) and the fee for evaluation of a fingerprint packet and criminal background check as specified in 15.7(4)subrule 15.8(4). 15.6(3) Reinstatement of a dental assistant registration. In addition to the reinstatement application fee specified in 15.3(8)subrule 15.4(8), the applicant must pay all back renewal fees (not to exceed $750$115)to reinstate a registration as a registered dental assistant. 15.6(4) Combined reinstatement application—dental assistant registration and qualification in radiography. The feeIn addition to the reinstatement application fee specified in subrule 15.4(8), the applicant must pay all back renewal fees (not to exceed $175) for a combined application to reinstate both a registration as a registered dental assistant and a radiography qualification is specified in 15.3(8). 15.6(5) Reinstatement of qualification in radiography. In addition to the reinstatement application fee specified in 15.3(8)of $40, the applicant must pay all back renewal fees (not to exceed $750$60)to reinstate a qualification in dental radiography without registration as a dental assistant. ITEM 4. Amend subrule 15.7(2) as follows: 15.7(2) Certification or verification. The fee for awritten certification or written verification of an Iowa license, permit or registration is $25. ITEM 5. Amend subrule 15.7(7) as follows: 15.7(7) Disciplinary hearings—fees and costs. a. Definitions. As used in this subrule in relation to fees related to a formal disciplinary action filed by the board against a licensee, registrant or permit holder: "Deposition" means the testimony of a person pursuant to subpoena or at the request of the state of Iowa taken in a setting other than a hearing. "Expenses" means costs incurred by persons appearing pursuant to subpoena or at the request of the state of Iowa for purposes of providing testimony on the part of the state of Iowa in a hearing or other official proceeding and shall include mileage reimbursement at the rate specified in Iowa Code section 70A.9 or, if commercial air or ground transportation is used, the actual cost of transportation to and from the proceeding. Also included are actual costs incurred for meals and necessary lodging. "Medical examination fees" means actual costs incurred by the board in a physical, mental, chemical abuse, or other impairment-related examination or evaluation of a licensee when the examination or evaluation is conducted pursuant to an order of the board. "Transcript" means a printed verbatim reproduction of everything said on the record during a hearing or other official proceeding. "Witness fees" means compensation paid by the board to persons appearing pursuant to subpoena or at the request of the state of Iowa for purposes of providing testimony on the part of the state of Iowa. For the purposes of this rule, compensation shall be the same as outlined in Iowa Code section 622.69 or 622.72 as the case may be. b. The board may charge a fee not to exceed $75 for conducting a disciplinary hearing which results in disciplinary action taken against the licensee by the board. In addition to the fee, the board may recover from the licensee costs for the following procedures and personnel: (1) TranscriptCourt reporter and transcript. (2) Witness fees and expenses.The parties in a contested case shall be responsible for any witness fees and expenses incurred by witnesses appearing at the contested case hearing. In addition, the board may assess a licensee the witness fees and expenses incurred by witnesses called to testify on behalf of the state of Iowa. (3) Depositions.Deposition costs for the purposes of allocating costs against a licensee include only those deposition costs incurred by the state of Iowa. The licensee is directly responsible for the payment of deposition costs incurred by the licensee. (4) Medical examination fees incurred relating to a person licensed under Iowa Code chapter 147.All costs of physical or mental examinations or substance abuse evaluations or drug screening or clinical competency evaluations ordered by the board pursuant to Iowa Code section 272C.9(1) as part of an investigation or pending complaint or as a sanction following a contested case shall be paid directly by the licensee. ITEM 6. Adopt the following new subrules 15.7(8) to 15.7(11): .(8) Certification of reimbursable costs. The executive director or designee shall certify any reimbursable costs incurred by the board. The executive director shall calculate the specific costs, certify the cost calculated, and file the certification as part of the record in the contested case. A copy of the certification shall be served on the party responsible for payment of the certified costs at the time of the filing. .(9) Assessment of fees and costs. A final decision of the board imposing disciplinary action against a licensee shall include the amount of any disciplinary hearing fee assessed, which shall not exceed $75. If the board also assesses reimbursable costs against the licensee, the board shall file a certification of reimbursable costs which includes a statement of costs delineating each category of costs and the amount assessed. Fees and costs that cannot be calculated at the time of the issuance of the board’s final disciplinary order may be invoiced to the licensee at a later time, provided the board’s final disciplinary order states that the fees and costs will be invoiced at a later date. The board shall specify the time period in which the fees and costs must be paid by the licensee. .(10) Board treatment of collected fees, costs. Fees and costs collected by the board shall be considered repayment receipts as defined in Iowa Code section 8.2. .(11) Failure to pay assessed fees, costs. Failure of a licensee to pay the fees and costs assessed herein within the time period specified in the board’s final disciplinary order shall constitute a violation of an order of the board and shall be grounds for disciplinary action. ITEM 7. Amend subrule 15.10(3) as follows: 15.10(3) Electronic files of statements of charges, final orders and consent agreements from each board meeting delivered via e-mail may be available for an annual subscription fee of $24delivered via email, upon written request, at no cost. ITEM 8. Amend rule 650—15.11(22,147,153) as follows:650—15.11(22,147,153) Purchase of a mailing list or data list. Payment made to the Iowa Dental Board, which shall be considered a repayment receipt as defined in Iowa Code section 8.2, shall be received in the board office prior to the release of a list. 15.11(1) Mailing listfor dentists, hygienists or assistants. The standard mailing list for all active dental and dental hygiene licensees and dental assistantlicensees and registrants includes the full name, address, city, state, and ZIP code, and Iowa county. The standard mailing list of dentists or dental hygienists does not includeincludes resident licensees orand faculty permit holders. a. Printed mailing list, $65 per profession requested. b. Mailing list on disc or DVD, $45 per profession requested. c. Mailing list in an electronic file, $35 per profession requested. 15.11(2) Data list for dentists, hygienists, or assistants. The standard data list for active licensees or registrants includes full name, address, Iowa county (if applicable),original issue date, expiration date, license or registration number, and license or registration status, specialty (if applicable), and whether public disciplinary action has been taken.The standard data list includes resident licensees and faculty permit holders. Additional data elements, programming or sorting increases the following fees by $25. a. Printed standard data list, $75 per profession requested. b. Standard data list on disc or DVD, $55 per profession requested. c. Standard data list in an electronic file, $45 per profession requested. [Filed 11/14/17, effective 1/10/18][Published 12/6/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/6/17.ARC 3491CDental Board[650]Adopted and FiledPursuant to the authority of Iowa Code sections 147.76 and 153.33, the Dental Board hereby amends Chapter 29, “Sedation and Nitrous Oxide Inhalation Analgesia,” Iowa Administrative Code. These amendments define “hospitalization” for the purpose of reporting an adverse occurrence, update requirements for the use of moderate sedation and deep sedation/general anesthesia in accordance with newly issued American Dental Association (ADA) guidelines for the use of sedation, and clarify the type of Advanced Cardiac Life Support (ACLS) or Pediatric Advanced Life Support (PALS) certification courses allowed for the purposes of application and renewal of a sedation permit. These amendments clarify situations wherein a licensee would be required to report an adverse occurrence. The current rules require a report in the case of hospitalization, but hospitalization is not currently defined in the Board’s rules; this has led to some uncertainty about requirements for reporting of adverse occurrences. The amendments update sedation guidelines to match the new guidelines issued by the ADA. Comments received during past rule making related to this chapter urged the Board to wait for guidelines to be issued by the ADA prior to implementing changes. In the fall of 2016, the ADA issued new guidelines recommended for use in moderate sedation and deep sedation/general anesthesia. The Anesthesia Credentials Committee, a committee of the Board, reviewed the recommendations and advocated their adoption in order to have additional safeguards in place during the administration of moderate sedation or deep sedation/general anesthesia. The amendments require general anesthesia permit holders to maintain and be trained on equipment that monitors end-tidal CO2 and on a pretracheal or precordial stethoscope during the use of deep sedation/general anesthesia in order to monitor auscultation of breath sounds. These amendments update the requirements for certification in ACLS and PALS, which is a requirement for moderate sedation and general anesthesia permits. The amendments require acceptable certification courses to include a clinical component wherein the practitioner must demonstrate competency in life support services. Online-only certification courses will not be accepted. These amendments make the ACLS and PALS certification requirements consistent with the requirements for CPR certification for licensure and registration. These amendments update the requirements for moderate sedation training. The ADA has recommended that moderate sedation training courses include training on rescuing a patient from a deeper level of sedation than intended, including training in airway management and the use of reversal medications. These amendments require moderate sedation permit holders to maintain and be trained on equipment that monitors end-tidal CO2 and on a pretracheal or precordial stethoscope unless precluded or invalidated by the nature of the patient, procedure or equipment. Notice of Intended Action was published in the Iowa Administrative Bulletin on August 15, 2017, as ARC 3261C. A public hearing was held on September 12, 2017, at 2 p.m. at the office of the Iowa Dental Board. There were not any attendees at the public hearing, nor were any written comments received. The Board reviewed and discussed the amendments during its October 13, 2017, open session Board meeting and, after allowing additional comments from the public, adopted the amendments. These amendments are identical to those published under Notice. These amendments are subject to waiver or variance pursuant to 650—Chapter 7. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 153.20. These amendments will become effective January 10, 2018. The following amendments are adopted.
ITEM 1. Adopt the following new definition of “Hospitalization” in rule 650—29.1(153): "Hospitalization" means in-patient treatment at a hospital or clinic. Out-patient treatment at an emergency room or clinic is not considered to be hospitalization for the purposes of reporting adverse occurrences. ITEM 2. Amend subrule 29.3(2) as follows: 29.3(2) A dentist using deep sedation/general anesthesia shall maintain a properly equipped facility at each facility where sedation is administered. The dentist shall maintain and be trained on the following equipment at each facility where sedation is provided: capnographyto monitor end-tidal CO2, pretracheal or precordial stethoscope to continually monitor auscultation of breath sounds, EKG monitor, positive pressure oxygen, suction, laryngoscope and blades, endotracheal tubes, magill forceps, oral airways, stethoscope, blood pressure monitoring device, pulse oximeter, emergency drugs, defibrillator. A licensee may submit a request to the board for an exemption from any of the provisions of this subrule. Exemption requests will be considered by the board on an individual basis and shall be granted only if the board determines that there is a reasonable basis for the exemption. ITEM 3. Amend subrule 29.3(4) as follows: 29.3(4) A dentist administering deep sedation/general anesthesia must document and maintain current, successful completion of ancertification in Advanced Cardiac Life Support (ACLS) course.Current certification means certification by an organization on an annual basis or, if that certifying organization requires certification on a less frequent basis, evidence that the permit holder has been properly certified for each year covered by the renewal period. In addition, the course must include a clinical component. ITEM 4. Amend subrule 29.4(1) as follows: 29.4(1) A permit may be issued to a licensed dentist to use moderate sedation for dental patients provided the dentist meets the following requirements: a. Has successfully completed a training program approved by the board that meets the American Dental Association Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students and that consists of a minimum of 60 hours of instruction and management of at least 20 patients; and b. Has formal training in airway managementHas successfully completed a training program that includes rescuing patients from a deeper level of sedation than intended, including managing the airway, intravascular or intraosseous access, and reversal medications; or c. Has submitted evidence of successful completion of an accredited residency program that includes formal training and clinical experience in moderate sedation, which is approved by the board; and d. Has completed a peer review evaluation, as may be required by the board, prior to issuance of a permit. ITEM 5. Amend subrule 29.4(2) as follows: 29.4(2) A dentist utilizing moderate sedation shall maintain a properly equipped facility. The dentist shall maintain and be trained on the following equipment at each facility where sedation is provided: capnography or pretracheal/precordialto monitor end-tidal CO2 unless precluded or invalidated by the nature of the patient, procedure or equipment, pretracheal or precordial stethoscope, EKG monitor, positive pressure oxygen, suction, laryngoscope and blades, endotracheal tubes, magill forceps, oral airways, stethoscope, blood pressure monitoring device, pulse oximeter, emergency drugs, defibrillator. A licensee may submit a request to the board for an exemption from any of the provisions of this subrule. Exemption requests will be considered by the board on an individual basis and shall be granted only if the board determines that there is a reasonable basis for the exemption. ITEM 6. Amend subrule 29.4(4) as follows: 29.4(4) A dentist administering moderate sedation must document and maintain current, successful completion of ancertification in Advanced Cardiac Life Support (ACLS) course. A dentist administering moderate sedation to pediatric patients may maintain current certification in Pediatric Advanced Life Support (PALS) in lieu of ACLS.Current certification means certification by an organization on an annual basis or, if that certifying organization requires certification on a less frequent basis, evidence that the permit holder has been properly certified for each year covered by the renewal period. In addition, the course must include a clinical component. ITEM 7. Amend subrule 29.5(11) as follows: 29.5(11) Use of capnography required beginning January 1, 2014.Use of capnography and pretracheal or precordial stethoscope. a. Consistent with the practices of the American Association of Oral and Maxillofacial Surgeons (AAOMS), all general anesthesia/deep sedation permit holders shall use capnography at all facilities where they provide sedation beginning January 1, 2014. b. All general anesthesia/deep sedation permit holders shall use a pretracheal or precordial stethoscope to continually monitor auscultation of breath sounds beginning January 1, 2018. ITEM 8. Amend subrule 29.5(12) as follows: 29.5(12) Use of capnography or pretracheal/precordial stethoscope required for moderate sedation permit holders. Beginning January 1, 20152018, all moderate sedation permit holders shall use capnography or a pretracheal/precordialto monitor end-tidal CO2 unless precluded or invalidated by the nature of the patient, procedure or equipment. In cases where the use of capnography is precluded or invalidated for the reasons listed previously, a pretracheal or precordial stethoscopemust be used to continually monitor the auscultation of breath sounds at all facilities where theypermit holders provide sedation. [Filed 11/13/17, effective 1/10/18][Published 12/6/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/6/17.ARC 3492CEducation Department[281]Adopted and FiledPursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby amends Chapter 36, “Extracurricular Interscholastic Competition,” Iowa Administrative Code. This rule making incorporates changes to the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11431, et seq.), as reauthorized in December 2015 by the Every Student Succeeds Act (ESSA). Changes as a result of ESSA include modifying the requirements of the State Plan to include procedures that ensure that homeless students do not face barriers to accessing extracurricular activities because of their homelessness. As a result of these changes, subrule 36.15(3) is being amended to ensure that homeless students are provided an exception to the 90 consecutive school days of ineligibility under the General Transfer Rule if they are determined to meet the definition of a homeless child or youth under McKinney-Vento as determined by the attending district. Notice of Intended Action was published in the October 11, 2017, Iowa Administrative Bulletin as ARC 3364C. Public comments were allowed until 4:30 p.m. on October 31, 2017. A public hearing was held on that date. No one attended the public hearing, and no public comments were received. The adopted amendment is identical to the noticed amendment. An agencywide waiver provision is provided in 281—Chapter 4. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement the provisions of the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11431, et seq.), as reauthorized in December 2015 by the Every Student Succeeds Act (ESSA). This amendment will become effective January 10, 2018. The following amendment is adopted.
ITEM 1. Amend subrule 36.15(3) as follows: 36.15(3) General transfer rule. A student who transfers from a school in another state or country or from one member or associate member school to another member or associate member school shall be ineligible to compete in interscholastic athletics for a period of 90 consecutive school days, as defined in rule 281—12.1(256), exclusive of summer enrollment, unless one of the exceptions listed in paragraph 36.15(3)“a” applies. The period of ineligibility applies only to varsity level contests and competitions. (“Varsity” means the highest level of competition offered by one school or school district against the highest level of competition offered by an opposing school or school district.) In ruling upon the eligibility of transfer students, the executive board shall consider the factors motivating student changes in residency. Unless otherwise provided in these rules, a student intending to establish residency must show that the student is physically present in the district for the purpose of making a home and not solely for school or athletic purposes. a. Exceptions. The executive officer or executive board shall consider and apply the following exceptions in formally or informally ruling upon the eligibility of a transfer student and may make eligibility contingent upon proof that the student has been in attendance in the new school for at least ten school days: (1) Upon a contemporaneous change in parental residence, a student is immediately eligible if the student transfers to the new district of residence or to an accredited nonpublic member or associate member school located in the new school district of residence. In addition, if with a contemporaneous change in parental residence, the student had attended an accredited nonpublic member or associate member school immediately prior to the change in parental residence, the student may have immediate eligibility if the student transfers to another accredited nonpublic member or associate member school. (2) If the student is attending in a school district as a result of a whole-grade sharing agreement between the student’s resident district and the new school district of attendance, the student is immediately eligible. (3) A student who has attended high school in a district other than where the student’s parent(s) resides, and who subsequently returns to live with the student’s parent(s), becomes immediately eligible in the parent’s resident district. (4) Pursuant to Iowa Code section 256.46, a student whose residence changes due to any of the following circumstances is immediately eligible provided the student meets all other eligibility requirements in these rules and those set by the school of attendance:- Adoption.
- Placement in foster or shelter care.
- Participation in a foreign exchange program, as evidenced by a J-1 visa issued by the United States government, unless the student attends the school primarily for athletic purposes.
- Placement in a juvenile correction facility.
- Participation in a substance abuse program.
- Participation in a mental health program.
- Court decree that the student is a ward of the state or of the court.
- The child is living with one of the child’s parents as a result of divorce, separation, death, or other change in the child’s parents’ marital relationship, or pursuant to other court-ordered decree or order of custody.
Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends Chapter 75, “Conditions of Eligibility,” Iowa Administrative Code. This amendment regarding the Health Insurance Premium Payment (HIPP) Program rule is being implemented to compare cost to managed care organizations (MCO) capitation fees. This amendment replaces existing rule 441—75.21(249A) with a new rule and also provides for some technical cleanup, definition enhancements, and revisions due to changes in the health insurance environment. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3323C on September 27, 2017. The Department received no comments during the public comment period. However, the Department made a technical change to revise subparagraph 75.21(10)“g”(1) to state that Form 470-3037 “may be used” for employer verification of COBRA eligibility, instead of “shall be used.” This change was made because the information provided by the form for COBRA eligibility may have already been provided to the HIPP applicant by the employer or former employer. The Council on Human Services adopted this amendment on November 8, 2017. This amendment does not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code section 249A.3. This amendment will become effective January 10, 2018. The following amendment is adopted.
ITEM 1. Rescind rule 441—75.21(249A) and adopt the following new rule in lieu thereof:441—75.21(249A) Health insurance premium payment (HIPP) program. Under the HIPP program, the department shall pay for the cost of premiums, coinsurance, copayments, and deductibles for Medicaid-eligible individuals when the department determines that those costs will be less than the cost of paying for the individual’s care through Medicaid including managed care capitation fees. Payment shall include only the cost to the Medicaid-eligible individual or household. 75.21(1) Definitions. "Absent parent" means a noncustodial parent, or a parent who is not living with the member. "Authorized representative" means an individual or organization authorized by a competent applicant or member, authorized by a responsible person acting for an incompetent applicant or member pursuant to 441—subrule 76.9(2), or with other legal authority to represent the applicant or member in the application process, renewal of eligibility and other ongoing communications with the department. "Capitation payment" means a monthly payment to the managed care contractor on behalf of each member for the provision of health services under the managed care entity contract. Payment is made by the department regardless of whether the member receives services during the month. The managed care capitation payment varies based on the eligible member’s sex, age, and eligibility aid type. "Cost-effective" means a determination has been made that a savings will accrue to the department by paying the insurance premium, cost sharing, wrap benefits, and administrative cost. "Cost sharing" means the member’s portions of in-network health care costs not covered by an insurance plan. “Cost sharing” includes copayments, coinsurance and deductibles, which vary among health care plans. "Custodian" means the person recognized as representing the interests of the member for Medicaid assistance. When the member reaches the age of 18 and the custodian is not used in determining Medicaid eligibility, there shall be legal documentation in place that the custodian is now the responsible person or authorized representative. "Department" means the Iowa department of human services. "Employer-sponsored insurance" or “ESI” means any health insurance plan paid for by a business on behalf of its employees. "High-deductible health plan" or “HDHP” means a health insurance plan that meets the definition found in Section 223(c)(2) of the Internal Revenue Code. "HIPP-eligible member" means a person whose Medicaid eligibility is calculated in the cost-effective determination for HIPP. “HIPP-eligible member” is also referred to as HIPP enrollee. "Household" means the group of people who are used in the budgeting and size when determining Medicaid eligibility. "Individual plan" means an insurance plan purchased through a government-run health insurance marketplace or through a local broker or agent. "Insurance plan" means major medical comprehensive health coverage provided through an employer, the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), a government-run health insurance marketplace, or a local broker or agent. Dental and vision plans are not considered to be insurance plans for purposes of this definition. "Member" means an individual who has been determined eligible for Medicaid assistance and is enrolled to receive assistance. "Policyholder" means the person in whose name an insurance policy is registered. "Responsible person" means an individual recognized by the department pursuant to 441—subrule 76.9(1) as acting for an applicant or member who is unable to act on the applicant’s or member’s own behalf because the applicant or member is a minor or is incompetent, incapacitated, or deceased. "Wrap benefits" means the services covered under the Medicaid state plans that are not paid for by insurance plans (i.e., waiver services, transportation). 75.21(2) Insurance plans. Participation in an insurance plan is not a condition of Medicaid eligibility. The department shall pay for the cost of the insurance plan premiums, coinsurance, copayment, and deductibles of an insurance plan for a member if: a. A member is enrolled in or can be added to the insurance plan; and b. The insurance plan is cost-effective as defined in subrule 75.21(3). 75.21(3) Cost-effectiveness. An insurance plan shall be considered cost-effective when the amount the department would pay for the member’s insurance premiums, cost sharing, wrap benefits, and administrative costs is likely to be less than the amount the department would pay through Medicaid including managed care capitation fees. When determining the cost-effectiveness of an insurance plan, the following data shall be considered: a. The cost to the member or household for the insurance premium, coinsurance, copayments and deductibles. No costs paid by an employer or other plan sponsor shall be considered in the cost-effectiveness determination. b. The cost of care through Medicaid including managed care capitation fees the department would pay for the member. c. The estimated cost of wrap benefits per member based on the member’s sex, age, and eligibility aid type. d. The specific health-related circumstances of the members covered under the health plan. Form 470-2868, HIPP Medical History Questionnaire, shall be used to obtain this information. When the information indicates any health conditions that could be expected to result prospectively in higher-than-average bills for any Medicaid member: (1) If the member is currently covered by the insurance plan, the department shall request from the policyholder, or the responsible person for the member, an insurance summary of the member’s paid claims for the previous 12 months. If there is sufficient evidence to indicate that such claims can be expected to continue in the next 12 months, the claims will be considered in determining the cost-effectiveness of the insurance plan. The cost of the insurance plan premium, member’s cost sharing, and administrative cost are compared to the actual claims to determine the cost-effectiveness of providing the coverage. (2) If the member was not covered by the health plan in the previous 12 months, fee-for-service paid Medicaid claims may be used to project the cost-effectiveness of the plan. e. Annual administrative expenditures of $150 per HIPP member covered under the health plan. f. Whether the estimated savings to the department for members covered under the health insurance plan is at least $5 per month per household. 75.21(4) Coverage of non-Medicaid-eligible family members. When an insurance plan is determined to be cost-effective, the department shall pay for insurance premiums for non-Medicaid-eligible family members if a non-Medicaid-eligible family member must be enrolled in the insurance plan in order to obtain coverage for the Medicaid-eligible family members. However: a. The needs of the non-Medicaid-eligible family members shall not be taken into consideration when determining cost-effectiveness; and b. Payments for deductibles, coinsurances or other cost-sharing obligations shall not be made on behalf of family members who are not Medicaid-eligible. 75.21(5) Insurance plans ineligible for reimbursement. Premiums shall not be paid for insurance plans under any of the following circumstances: a. The insurance plan is that of an absent parent. b. The insurance plan is an indemnity policy which supplements the policyholder’s income or pays only a predetermined amount for services covered under the policy (e.g., $50 per day for hospital services instead of 80 percent of the charge). c. The insurance plan is a school plan offered on the basis of attendance or enrollment at the school. d. The insurance premium is used to meet a spenddown obligation under the medically needy program, as provided in subrule 75.1(35), when all persons in the household are eligible or potentially eligible only under the medically needy program. When some of the household members are eligible for full Medicaid benefits under coverage groups other than medically needy, the premium shall be paid if it is determined to be cost-effective when considering only the persons receiving full Medicaid coverage. In those cases, the insurance premium shall not be allowed as a deduction to meet the spenddown obligation for those persons in the household participating in the medically needy program. e. The insurance plan is designed to provide coverage only for a temporary period of time (e.g., 30 to 180 days). f. The persons covered under the insurance plan are not Medicaid-eligible on the date the decision regarding eligibility for the HIPP program is made. No retroactive payments shall be made if the case is not Medicaid-eligible on the date of decision. g. The person is eligible only for a coverage group that does not provide full Medicaid services. h. Insurance coverage is provided through the health insurance plan of Iowa (HIPIOWA), in accordance with Iowa Code chapter 514E. i. Insurance on the member(s) is maintained by someone who does not live with the member(s), is not the legal guardian of the member(s), is not a responsible person, or does not have legal permission to access the Medicaid information of the member(s) (e.g., self-supporting adult children). j. The member has Medicare. If other members in the household are covered by the insurance plan, cost-effectiveness is determined without including the Medicare-covered member. k. The insurance plan does not provide major medical coverage but pays only for specific situations (i.e., accident plans) or illnesses (i.e., cancer policy). l. The health plan pays secondary to another plan. m. The only Medicaid member is in foster care. n. The member is active for Medicaid under Medicaid for children with disabilities (i.e., Medicaid for kids with special needs (MKSN)), pursuant to subrule 75.1(43). Any other Medicaid members in the household who are covered by the health plan shall be determined for cost-effectiveness. o. The insurance plan is limited due to preexisting conditions. p. The insurance plan is a subsidized insurance plan purchased through a government-run health insurance exchange. q. On the date the decision regarding eligibility for the HIPP program is made, the insurance is no longer available. r. The insurance plan is an HDHP. 75.21(6) Department evaluation of ESI plans. When evaluating ESI plans available through an employer, if there is more than one cost-effective insurance plan available, the department shall pay the premium for only one plan. The member may choose the cost-effective plan in which to enroll. 75.21(7) Effective date of premium payment. The effective date of premium payments for a cost-effective health plan shall be determined as follows: a. Premium payments shall begin the later of: (1) The first day of the month in which Form 470-2844, Employer’s Statement of Earnings; Form 470-2875, Health Insurance Premium Payment (HIPP) Program Application; or Form H301-1, the automated HIPP referral; is received by the HIPP unit; or (2) The first day of the first month in which the health plan is determined to be cost-effective. b. If the person is not enrolled in the insurance plan when eligibility for participation in the HIPP program is established, premium payments shall begin in the month in which the first premium payment is due after enrollment occurs. c. If there was a lapse in coverage during the application process (e.g., the health plan is dropped and reenrollment occurs at a later date), premium payments shall not be made for any period of time before the current effective date of coverage. d. In no case shall payments be made for premiums that were used as a deduction to income for determining client participation or the amount of the spenddown obligation. e. Form 470-3036, Employer Verification of Insurance Coverage, shall be used to verify the effective date of coverage and costs for persons enrolled in group health plans through an employer. f. The effective date of coverage of an insurance plan not obtained through an employer shall be verified by a copy of the certificate of coverage for the plan or by some other verification from the insurer. 75.21(8) Method of premium payment. Payments of premiums will be made directly to the insurance carrier except as follows: a. The department may arrange for payment to an employer in order to circumvent a payroll deduction. b. When an employer will not agree to accept premium payments from the department in lieu of a payroll deduction to the employee’s wages, the department shall reimburse the employee directly for payroll deductions or for payments made directly to the employer for the payment of premiums. The department shall issue reimbursement to the employee five working days before the employee’s pay date. c. When premium payments are occurring through an automatic withdrawal from a bank account by the insurance carrier, the department may reimburse the policyholder for those withdrawals. d. Payments for COBRA coverage shall be made directly to the insurance carrier, the COBRA administrator, or the former employer. Payments may be made directly to the former employee only in those cases where: (1) Information cannot be obtained for direct payment; or (2) The department pays for only part of the total premium. 75.21(9) Payment of claims. Claims from medical providers for persons participating in this program shall be paid in the same manner as claims are paid for other persons with a third-party resource in accordance with the provisions of 441—Chapters 79 and 80. 75.21(10) Reviews of cost-effectiveness and eligibility. Reviews of cost-effectiveness and eligibility shall be completed annually and may be conducted more frequently at the discretion of the department. a. Annual review of ESI cost-effectiveness and eligibility shall be completed using Form 470-3016, Health Insurance Premium Payment (HIPP) Program Review. b. Annual review of individual health plan cost-effectiveness and eligibility shall be completed using Form 470-3017, HIPP Private Policy Review. c. Failure of the household to cooperate in the annual review process shall result in cancellation of premium payment. d. Redeterminations shall be completed whenever: (1) A premium rate, copayment, deductible, or coinsurance changes; (2) A person covered under the policy loses full Medicaid eligibility; (3) Changes in employment or hours of employment affect the availability of an insurance plan; (4) The insurance carrier changes; (5) The policyholder leaves the Medicaid home; (6) There is a decrease in the services covered under the policy; or (7) The Medicaid category of coverage changes. e. The policyholder shall report changes that may affect the availability of the insurance plan reimbursed by the HIPP program, or changes that affect the cost-effectiveness of the policy, within ten calendar days from the date of the change. f. If a change in the number of members in the Medicaid household causes the health plan not to be cost-effective, lesser health plan options, as defined in paragraph 75.21(15)“a,” shall be considered if available and cost-effective. g. When employment ends, hours of employment are reduced, or some other qualifying event affecting the availability of the group health plan occurs, the department shall verify whether coverage may be continued under the provisions of COBRA. (1) Form 470-3037, Employer Verification of COBRA Eligibility, may be used for this purpose. (2) If cost-effective to do so, the department shall pay premiums to maintain insurance coverage for members after the occurrence of the event which would otherwise result in termination of coverage. 75.21(11) Time frames for determining cost-effectiveness. The department shall determine cost-effectiveness of the insurance plan and notify the applicant of the decision regarding payment of the premiums within 65 calendar days from the date an application or referral (as defined in subrule 75.21(7)) is received. Additional time may be taken when, for reasons beyond the control of the department or the applicant, information needed to establish cost-effectiveness cannot be obtained within the 65-day period. 75.21(12) Notices. a. Adequate notice shall be provided to the household under the following circumstances: (1) To inform the household of the initial decision on cost-effectiveness and premium payment. (2) To inform the household that premium payments are being discontinued because Medicaid eligibility has been lost by all persons covered under the health plan. (3) The insurance plan is no longer available to the family (e.g., the employer no longer provides health insurance coverage or the policy is terminated by the insurance company). b. The department shall provide timely and adequate notice as defined in 441—subrule 7.7(1) to inform the household of a decision to discontinue payment of the health insurance premium because: (1) The department has determined the insurance plan is no longer cost-effective; or (2) The member has failed to cooperate in providing information necessary to establish continued eligibility for the HIPP program. 75.21(13) Rate refund. The department shall be entitled to any rate refund made when the insurance carrier determines a return of premiums to the policyholder is due for any time period for which the department paid the premium. 75.21(14) Reinstatement of HIPP eligibility. a. When eligibility for the HIPP program is canceled because the persons covered under the insurance plan lose Medicaid eligibility, HIPP eligibility shall be reinstated when Medicaid eligibility is reestablished if all other eligibility factors are met. b. When HIPP eligibility is canceled because of the policyholder’s failure to cooperate in providing information necessary to establish continued eligibility for the HIPP program, benefits shall be reinstated the first day of the first month in which cooperation occurs, if all other eligibility factors are met. 75.21(15) Amount of insurance premium paid. a. For ESI plans, the policyholder shall provide verification of the cost of all possible insurance plan options (i.e., single, employee/children, family). (1) The HIPP program shall pay only for the option that provides coverage to the cost-effective members of the household. (2) The HIPP program shall not pay the portion of the premium cost which is the responsibility of the employer or other plan sponsor. b. For individual health plans, the HIPP program shall pay the cost of covering the cost-effective members covered by the plan. c. For insurance plans, if another household member must be covered to obtain coverage for the members, the HIPP program shall pay the cost of covering that household member if the coverage is cost-effective as determined pursuant to subrules 75.21(3) and 75.21(4). 75.21(16) Reporting changes. Failure to report and verify changes may result in cancellation of HIPP benefits. a. The policyholder shall verify changes by providing a pay stub, a summary of benefits and coverage, a rate sheet, or a letter from the insurance carrier reflecting the change. b. Changes in employment or the employment-related insurance carrier shall be verified by the employer. c. Any benefits paid during a period in which there was ineligibility for HIPP due to unreported changes shall be subject to recovery in accordance with the provisions of 441—Chapter 11. d. Any underpayment that results from an unreported change shall be paid effective the first day of the month in which the change is reported. 75.21(17) Discontinuation of premium payments. a. When the household loses Medicaid eligibility, premium payments shall be discontinued as of the month of Medicaid ineligibility. b. When only part of the household loses Medicaid eligibility, the department shall complete a review in order to ascertain whether payment of the health insurance premium continues to be cost-effective. If the department determines that the insurance plan is no longer cost-effective, premium payment shall be discontinued pending timely and adequate notice. c. If the household fails to cooperate in providing information necessary to establish ongoing eligibility for the HIPP program, the department shall discontinue premium payment after timely and adequate notice. The department shall request all information in writing and allow the household ten calendar days in which to provide it. d. If the policyholder leaves the Medicaid household, premium payments shall be discontinued pending timely and adequate notice. e. If the insurance plan is no longer available or the policy has lapsed, premium payments shall be discontinued as of the effective date of the termination of the coverage.This rule is intended to implement Iowa Code section 249A.3. [Filed 11/8/17, effective 1/10/18][Published 12/6/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/6/17.ARC 3494CHuman Services Department[441]Adopted and FiledPursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends Chapter 77, “Conditions of Participation for Providers of Medical and Remedial Care,” Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” and Chapter 80, “Procedure and Method of Payment,” Iowa Administrative Code. These amendments add two new Medicaid provider types for the purpose of members’ cost-sharing protections related to qualified Medicare beneficiary (QMB) members and health insurance premium payment (HIPP) members. These amendments ensure that anytime a QMB or HIPP member is seen by an out-of-network Iowa Medicaid provider, the provider may enroll for the limited purpose of billing the Department for coinsurance, copayments, and deductibles. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3321C on September 27, 2017. The Department received no comments during the public comment period. These amendments are identical to those published under Notice of Intended Action. The Council on Human Services adopted these amendments on November 8, 2017. These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 249A.4. These amendments will become effective January 10, 2018. The following amendments are adopted.
ITEM 1. Adopt the following new rule 441—77.53(249A):441—77.53(249A) Qualified Medicare beneficiary (QMB) providers. Any Medicare provider not enrolled as an Iowa Medicaid provider for the general Medicaid population may enroll to be a QMB provider. 77.53(1) Reimbursement. A QMB provider may only bill the department for the QMB-eligible member’s Medicare cost-sharing obligations. Reimbursement is limited to coinsurance, copayments, and deductibles for Medicare-covered services. 77.53(2) Definitions. "Coinsurance" means a percentage of costs of a covered health care service that has to be paid. "Copayment" means a fixed amount a member pays for a covered health care service. "Deductible" means the amount paid for covered health care services before the insurance plan will effect payment. "Medicare cost sharing" means the Medicare member’s responsibility for a Medicare-covered service. “Medicare cost sharing” includes coinsurance, copayments, and deductibles. "Qualified Medicare beneficiary" "QMB" means an individual who has been determined eligible for the QMB program pursuant to 441—subrule 75.1(29). Under the QMB program, Medicaid pays the individual’s Medicare Part A and B premiums; coinsurance; copayment; and deductible (except for Part D). This rule is intended to implement Iowa Code section 249A.4. ITEM 2. Adopt the following new rule 441—77.54(249A):441—77.54(249A) Health insurance premium payment (HIPP) providers. Any provider not enrolled as an Iowa Medicaid provider for the general Medicaid population may enroll to be a HIPP provider. A HIPP provider may bill the department for the HIPP-eligible member’s out-of-pocket cost-sharing obligations. Reimbursement is limited to in-network coinsurance, copayments, and deductibles of the HIPP-eligible member’s health insurance paid for through the HIPP program. This rule is intended to implement Iowa Code section 249A.4. ITEM 3. Adopt the following new rule 441—78.58(249A):441—78.58(249A) Qualified Medicare beneficiary (QMB) provider services. 78.58(1) Payment. Payment will be made to QMB providers for a QMB-eligible member’s coinsurance, copayment, and deductible for Medicare-covered services. The eligible member may be responsible for copayments pursuant to 441—subrule 79.1(13). 78.58(2) Definitions. "Coinsurance" means a percentage of costs of a covered health care service that has to be paid. "Copayment" means a fixed amount a member pays for a covered health care service. "Deductible" means the amount paid for covered health care services before the insurance plan will effect payment. "Medicare cost sharing" means the Medicare member’s responsibility for a Medicare-covered service. “Medicare cost sharing” includes coinsurance, copayments, and deductibles. "Qualified Medicare beneficiary" "QMB" means an individual who has been determined eligible for the QMB program pursuant to 441—subrule 75.1(29). Under the QMB program, Medicaid pays the individual’s Medicare Part A and B premiums; coinsurance; copayment; and deductible (except for Part D). This rule is intended to implement Iowa Code section 249A.4. ITEM 4. Adopt the following new rule 441—78.59(249A):441—78.59(249A) Health insurance premium payment (HIPP) provider services. 78.59(1) Reimbursement. A HIPP provider may bill the department for the HIPP-eligible member’s out-of-pocket cost-sharing obligations. Reimbursement of claims is limited to in-network coinsurance, copayments, and deductibles of the HIPP-eligible member’s health insurance, paid for through the HIPP program. The HIPP-eligible member may be responsible for a copayment pursuant to 441—subrule 79.1(13). 78.59(2) Definitions. "Coinsurance" means a percentage of costs of a covered health care service that has to be paid. "Copayment" means a fixed amount a member pays for a covered health care service. "Cost sharing" means the member’s health insurance in-network responsibility for a covered service. “Cost sharing” includes coinsurance, copayments, and deductibles. "Deductible" means the amount paid for covered health care services before the insurance plan will effect payment. "Eligible member" means an individual eligible for Medicaid pursuant to rule 441—75.1(249A) et seq. and who qualifies for and is participating in the department’s HIPP program prescribed under rule 441—75.21(249A). "Health insurance premium payment (HIPP) program" "HIPP program" has the same meaning as provided in rule 441—75.21(249A). This rule is intended to implement Iowa Code section 249A.4. ITEM 5. Adopt the following new definitions of “Coinsurance,” “Copayment,” “Deductible,” “Medicare cost sharing” and “Qualified Medicare beneficiary” in paragraph 79.1(22)"a": "Coinsurance" means a percentage of costs of a covered health care service that has to be paid. "Copayment" means a fixed amount a member pays for a covered health care service. "Deductible" means the amount paid for covered health care services before the insurance plan will effect payment. "Medicare cost sharing" means the Medicare member’s responsibility to pay for a Medicare-covered service. “Medicare cost sharing” includes coinsurance, copayments, and deductibles. "Qualified Medicare beneficiary" "QMB" means an individual who has been determined eligible for the QMB program pursuant to 441—subrule 75.1(29). Under the QMB program, Medicaid pays the individual’s Medicare Part A and B premiums; coinsurance; copayment; and deductible (except for Part D). ITEM 6. Adopt the following new subrule 79.1(29): 79.1(29) Reimbursement for health insurance premium payment (HIPP) program providers. Reimbursement for HIPP program providers shall be provided only when such provider is enrolled with Iowa Medicaid for the sole purpose of billing HIPP-eligible in-network coinsurance, copayments, and deductibles. a. Definitions. For purposes of this subrule: "Coinsurance" means a percentage of costs of a covered health care service that has to be paid. "Copayment" means a fixed amount a member pays for a covered health care service. "Deductible" means the amount paid for covered health care services before the insurance plan starts to pay. "Eligible member" means an individual eligible for Medicaid pursuant to rule 441—75.1(249A) et seq. and who qualifies for and is participating in the department’s HIPP program prescribed under rule 441—75.21(249A). "Health insurance premium payment (HIPP) program" "HIPP program" has the same meaning as provided in rule 441—75.21(249A). b. Claim submission.To submit a claim for reimbursement, a HIPP provider shall use Form 470-5475, Health Insurance Premium Payment (HIPP) Provider Invoice. (1) Payment shall be made to eligible providers for a HIPP-eligible member’s coinsurance, copayment, and deductible, when the HIPP-eligible member is active on the date of service. (2) Member responsibility. The eligible member may be responsible for a copayment pursuant to subrule 79.1(13). ITEM 7. Adopt the following new paragraph 79.14(1)"f": f. Qualified Medicare beneficiary (QMB) providers shall enroll using Form 470-5262, Qualified Medicare Beneficiaries (QMB) or Health Insurance Premium Payment (HIPP) Program Provider Enrollment Application. ITEM 8. Adopt the following new paragraph 79.14(1)"g": g. Health insurance premium payment (HIPP) providers shall enroll using Form 470-5262, Qualified Medicare Beneficiaries (QMB) or Health Insurance Premium Payment (HIPP) Program Provider Enrollment Application. ITEM 9. Adopt the following new subparagraph 80.2(2)"a": (10) Health insurance premium payment (HIPP) providers. ITEM 10. Adopt the following new paragraph 80.2(2)"j": j. Health insurance premium payment (HIPP) providers shall submit Form 470-5475, Health Insurance Premium Payment (HIPP) Provider Invoice, along with an explanation of benefits (EOB). [Filed 11/8/17, effective 1/10/18][Published 12/6/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/6/17.ARC 3495CHuman Services Department[441]Adopted and FiledPursuant to the authority of Iowa Code section 234.6, the Department of Human Services hereby amends Chapter 155, “Child Abuse Prevention Program,” Iowa Administrative Code. These amendments allow the Department to partner with the Iowa Department of Public Health (IDPH) through utilization of the Family Support Statewide Database (FSSD) maintained by IDPH for the Department’s Iowa Child Abuse Prevention Program (ICAPP). Program grantees will cease use of the contractor-created system and transition to the IDPH system. It is anticipated that this change will occur during state fiscal year (SFY) 2018. The majority of the grantees who will be impacted by this change (approximately two-thirds of them) are already utilizing the FSSD system due to other funding received under Early Childhood Iowa. The other one-third will have their programs entered into the system and will receive training and technical assistance on the switch before it goes “live.” Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3322C on September 27, 2017. The Department received no comments during the public comment period. These amendments are identical to those published under Notice of Intended Action. The Council on Human Services adopted these amendments on November 8, 2017. These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapter 235A. These amendments will become effective January 10, 2018. The following amendments are adopted.
ITEM 1. Amend 441—Chapter 155, preamble, as follows:These rules define and structure the child abuse prevention program. Services are provided throughmultiple local grant projects, as well as a single statewide performance-based contract for the administration of funds to be used at the local level for community-based child abuse prevention projects. ITEM 2. Amend rule 441—155.1(235A), definitions of “Contractor” and “Grant project,” as follows: "Contractor" means the single agency or organization with which the department contracts for the administration ofthe child abuse prevention program funds. "Grant project" means a project funded under the child abuse prevention program as awarded by the contractordepartment. ITEM 3. Amend rule 441—155.2(235A) as follows:441—155.2(235A) Contract for program administration. The department shall contract for the administration of the child abuse prevention program through formal competitive procurement conducted according to the requirements of 11—Chapters 106 and 107all applicable state and federal procurement laws. 155.2(1) Eligibility requirements. Eligibility for the program administration contract is limited to statewide agencies or organizations that make maximum use of voluntary administrative services. 155.2(2) Duties. The department shall contract with a single agency or organization to: a. Administer thegrant projects awarded through the appropriated funds and any grants, gifts or bequests to the department that are specifically designated by their source for use in the child abuse prevention program; and b. Study and evaluate community-based prevention projects and educational programs for the problems of families and children in accordance with the provisions of Iowa Code section 235A.1 and this chapter. ITEM 4. Amend rule 441—155.3(235A) as follows:441—155.3(235A) Awarding of grants. In any year in which funding is appropriated or otherwise made available for the child abuse prevention program, the contractor shall solicitnew grant project proposalsor renew existing projects when eligible and in accordance with all applicable state and federal procurement laws. Funds for the grant projects shall be applied for and received by community-based volunteer coalitions or councils. Grant projects may be awarded to fund the establishment or expansion of community-based prevention projects or educational programs for the prevention of child abuse and neglect. 155.3(1) The advisory committee shall establish specific program goals for each fiscal year in which program funds are appropriatedand new contracts are issued. These program goals shall address the current and emerging needs of children and families throughout the state. 155.3(2) The contractor shallassist the department in widely disseminatedisseminating a request for grant project proposals consistent with all state and federal procurement requirements. The request for grant project proposals shall fully describe the child abuse prevention program goals and the procedures for applying for and receiving program funds, as agreed upon in the administration contract. 155.3(3) All grant project proposals shall be reviewed by the contractor, whoan independent review committee in accordance with all applicable state and federal procurement laws. The contractor shall assist the department in the review and shall consult with the advisory committee on grant project selectionaward recommendations.The department will consider the recommendations of the committee but will have final decision-making authority on the awarding of grantee contracts. The committee shall advise the department as to the contractor’s compliance with the established program goals. ITEM 5. Adopt the following new rule 441—155.4(235A):441—155.4(235A) Grantee requirements. In order to receive funding from the department, community councils must be legal entities or must designate a legal entity to receive the project funds directly (e.g., a local service provider). 155.4(1) Grantees, or the identified service providers, shall participate in program evaluation as required by the contractor and the department. 155.4(2) Grantees, or the identified service providers, that provide family support services under the program shall enter participant data in the state-administered, Internet-based data collection system identified in Iowa Code section 256I.13(3) and maintained by the Iowa department of public health. [Filed 11/8/17, effective 1/10/18][Published 12/6/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/6/17.ARC 3496CInsurance Division[191]Adopted and FiledPursuant to the authority of Iowa Code section 521B.105 as amended by 2017 Iowa Acts, House File 311, the Iowa Insurance Division hereby adopts new Chapter 112, “Term and Universal Life Insurance Reserve Financing,” Iowa Administrative Code. Consistent with Iowa Code chapter 521B as amended by 2017 Iowa Acts, House File 311, the rules in Chapter 112 prescribe the requirements which the commissioner may use to establish standards governing reserve financing arrangements pertaining to life insurance policies containing guaranteed nonlevel gross premiums, guaranteed nonlevel benefits and universal life insurance policies with secondary guarantees. Cross references in these rules to provisions in Iowa Code chapter 521B should be understood to include the amendments enacted in 2017 Iowa Acts, House File 311. Notice of Intended Action was published in the Iowa Administrative Bulletin on October 11, 2017, as ARC 3362C. A public hearing was held on November 1, 2017, at 1:30 p.m. in Conference Room 4 North of the Iowa Insurance Division, Two Ruan Center, 601 Locust Street, Fourth Floor, Des Moines, Iowa, and written comments were accepted through November 1, 2017. The Division received two comments and two written statements at the public hearing in support of new Chapter 112. These rules are identical to those published under Notice. Chapter 112 does not provide for waivers. After analysis and review of this rule making, no impact on jobs has been found. These rules are intended to implement Iowa Code sections 521B.102, 521B.103 and 521B.105 as amended by 2017 Iowa Acts, House File 311. These rules will become effective January 10, 2018. The following amendment is adopted.
ITEM 1. Adopt the following new 191—Chapter 112: CHAPTER 112TERM AND UNIVERSAL LIFE INSURANCE RESERVE FINANCING191—112.1(521B) Authority. This chapter is promulgated by the commissioner of insurance pursuant to Iowa Code sections 521B.102, 521B.103 and 521B.105.191—112.2(521B) Purpose and intent. The purpose and intent of this chapter is to establish uniform, national standards governing reserve financing arrangements pertaining to life insurance policies containing guaranteed nonlevel gross premiums, life insurance policies containing guaranteed nonlevel benefits, and universal life insurance policies with secondary guarantees; and to ensure that, with respect to each such financing arrangement, funds consisting of primary security and other security, as defined in rule 191—112.5(521B), are held by or on behalf of ceding insurers in the forms and amounts required herein. In general, reinsurance ceded for reserve financing purposes has one or more of the following characteristics: some or all of the assets used to secure the reinsurance treaty or to capitalize the reinsurer (1) are issued by the ceding insurer or its affiliates; or (2) are not unconditionally available to satisfy the general account obligations of the ceding insurer; or (3) create a reimbursement, indemnification or other similar obligation on the part of the ceding insurer or any of its affiliates (other than a payment obligation under a derivative contract acquired in the normal course and used to support and hedge liabilities pertaining to the actual risks in the policies ceded pursuant to the reinsurance treaty). 191—112.3(521B) Applicability. This chapter shall apply to reinsurance treaties that cede liabilities pertaining to covered policies, as that term is defined in rule 191—112.5(521B), issued by any life insurance company domiciled in this state. This chapter and rule 191—5.33(510) shall both apply to such reinsurance treaties; provided, that in the event of a direct conflict between a rule of this chapter and rule 191—5.33(510), the rules of this chapter shall apply, but only to the extent necessary in order to resolve the conflict.191—112.4(521B) Exemptions. This chapter does not apply to: 112.4(1) Reinsurance of: a. Policies that satisfy the criteria for exemption set forth in 191—subrule 47.5(6) or 47.5(7); and which are issued before the later of: (1) January 10, 2018, and (2) The date on which the ceding insurer begins to apply the provisions of VM-20 to establish the ceded policies’ statutory reserves, but in no event later than January 1, 2020. b. Portions of policies that satisfy the criteria for exemption set forth in 191—subrule 47.5(5) and which are issued before the later of: (1) January 10, 2018, and (2) The date on which the ceding insurer begins to apply the provisions of VM-20 to establish the ceded policies’ statutory reserves, but in no event later than January 1, 2020. c. Any universal life policy that meets all of the following requirements: (1) Secondary guarantee period, if any, is five years or less; (2) Specified premium for the secondary guarantee period is not less than the net level reserve premium for the secondary guarantee period based on the commissioners standard ordinary (CSO) valuation tables and valuation interest rate applicable to the issue year of the policy; and (3) The initial surrender charge is not less than 100 percent of the first year annualized specified premium for the secondary guarantee period. d. Credit life insurance. e. Any variable life insurance policy that provides for life insurance, the amount or duration of which varies according to the investment experience of any separate account or accounts. f. Any group life insurance certificate unless the certificate provides for a stated or implied schedule of maximum gross premiums required in order to continue coverage in force for a period in excess of one year. 112.4(2) Reinsurance ceded to an assuming insurer that meets the applicable requirements of Iowa Code section 521B.102(4). 112.4(3) Reinsurance ceded to an assuming insurer that meets the applicable requirements of Iowa Code sections 521B.102(1) to 521B.102(3), and that, in addition: a. Prepares statutory financial statements in compliance with the National Association of Insurance Commissioners (NAIC) Accounting Practices and Procedures Manual, without any departures from NAIC statutory accounting practices and procedures pertaining to the admissibility or valuation of assets or liabilities that increase the assuming insurer’s reported surplus and are material enough that they need to be disclosed in the financial statement of the assuming insurer pursuant to Statement of Statutory Accounting Principles No. 1 (SSAP 1); and b. Is not in a company-action-level event, regulatory-action-level event, authorized-control-level event, or mandatory-control-level event as those terms are defined in Iowa Code section 521E.1 et seq. when its risk-based capital (RBC) is calculated in accordance with the life risk-based capital report including overview and instructions for companies, as the same may be amended by the NAIC from time to time, without deviation. 112.4(4) Reinsurance ceded to an assuming insurer that meets the applicable requirements of Iowa Code sections 521B.102(1) to 521B.102(3), and that, in addition: a. Is not an affiliate of, as that term is defined in Iowa Code section 521A.1(1): (1) The insurer ceding the business to the assuming insurer, or (2) Any insurer that directly or indirectly ceded the business to that ceding insurer; b. Prepares statutory financial statements in compliance with the NAIC Accounting Practices and Procedures Manual; c. Is both: (1) Licensed or accredited in at least ten states (including its state of domicile), and (2) Not licensed in any state as a captive, special purpose vehicle, special purpose financial captive, special purpose life reinsurance company, limited purpose subsidiary, or any other similar licensing regime; and d. Is not, or would not be, below 500 percent of the authorized-control-level RBC as that term is defined in Iowa Code section 521E.1(12)“c” when its RBC is calculated in accordance with the life risk-based capital report including overview and instructions for companies, as the same may be amended by the NAIC from time to time, without deviation, and without recognition of any departures from the NAIC statutory accounting practices and procedures pertaining to the admission or valuation of assets or liabilities that increase the assuming insurer’s reported surplus. 112.4(5) Reinsurance ceded to an assuming insurer that meets the requirements of Iowa Code section 521B.102(5) pertaining to certain certified reinsurers that meet threshold size and licensing requirements. 112.4(6) Reinsurance not otherwise exempt under subrules 112.4(1) to 112.4(5) if the commissioner, after consulting with the NAIC financial analysis working group (FAWG) or other group of regulators designated by the NAIC, as applicable, determines under all the facts and circumstances that all of the following apply: a. The risks are clearly outside of the intent and purpose of this chapter (as described in rule 191—112.2(521B)), b. The risks are included within the scope of this chapter only as a technicality, and c. The application of this chapter to those risks is not necessary to provide appropriate protection to policyholders. The commissioner shall post on the insurance division’s public Web site a notice of any decision made pursuant to this subrule to exempt a reinsurance treaty from this chapter, as well as the general basis therefor (including a summary description of the treaty). 191—112.5(521B) Definitions. "Actuarial method" means the methodology used to determine the required level of primary security, as described in rule 191—112.6(521B). "Covered policies" means the following: Subject to the exemptions described in rule 191—112.4(521B), covered policies are those policies, other than grandfathered policies, of the following policy types:- Life insurance policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits or both, except for flexible premium universal life insurance policies; or
- Flexible premium universal life insurance policies with provisions resulting in the ability of a policyholder to keep a policy in force over a secondary guarantee period.
- Issued prior to January 1, 2015; and
- Ceded, as of December 31, 2014, as part of a reinsurance treaty that would not have met one of the exemptions set forth in rule 191—112.4(521B) had that rule then been in effect.
- Cash meeting the requirements of Iowa Code section 521B.103(2)“a”;
- Securities listed by the NAIC Securities Valuation Office meeting the requirements of Iowa Code section 521B.103(2)“b,” but excluding any synthetic letter of credit, contingent note, credit-linked note or other similar security that operates in a manner similar to a letter of credit, and excluding any securities issued by the ceding insurer or any of its affiliates; and
- For security held in connection with funds-withheld and modified coinsurance reinsurance treaties:
- Commercial loans in good standing of CM3 quality and higher;
- Policy loans; and
- Derivatives acquired in the normal course and used to support and hedge liabilities pertaining to the actual risks in the policies ceded pursuant to the reinsurance treaty.
Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Board of Nursing hereby amends Chapter 2, “Nursing Education Programs,” Iowa Administrative Code. These amendments to Chapter 2:
- At least a one-academic-year course of study or its equivalent in theory and practice as described by the board that leads to a diploma in practical nursing and to eligibility to apply for practical nurse licensure by examination as described in 655—Chapter 3.
- At least a two-academic-year course of study or its equivalent in theory and practice as described by the board that leads to a degree in nursing and to eligibility to apply for registered nurse licensure by examination as described in 655—Chapter 3.
- A course of study designed for registered nurses that leads to a baccalaureate degree with a major in nursing.
- A postbaccalaureate course of study that leads to a master’s degree with a major in nursing.
- A course of study designed for registered nurses that leads to a master’s degree with a major in nursing.
- A course of study designed for registered nurses who hold a master’s degree in nursing that leads to a certificate in advanced practice nursing. When the certificate is in a clinical specialty area, the course of study shall lead to eligibility to apply for certification in the clinical specialty by a national professional nursing organization approved by the board and to eligibility for registration as an advanced registered nurse practitioner as described in 655—Chapter 7.
- A post-master’s course of study that leads to a doctoral degree with a major in nursing.
- A course of study that leads to a doctorate in nursing practice.
- At least a one-academic-year course of study or its equivalent in theory and practice as described by the board that leads to a diploma in practical nursing and to eligibility to apply for practical nurse licensure by examination as described in 655—Chapter 3.
- At least a two-academic-year course of study or its equivalent in theory and practice as described by the board that leads to a degree in nursing and to eligibility to apply for registered nurse licensure by examination as described in 655—Chapter 3.
- A course of study designed for registered nurses that leads to a baccalaureate degree with a major in nursing.
- A course of study designed for registered nurses that leads to a master’s degree with a major in nursing.
- A course of study designed for registered nurses who hold a master’s degree in nursing that leads to a certificate in advanced practice nursing and eligibility for licensure as an advanced registered nurse practitioner as described in 655—Chapter 7. When the certificate is in a population focus, the course of study shall lead to eligibility to apply for certification in the population focus by a national professional nursing organization recognized by the board.
- A post-master’s course of study that leads to a doctoral degree with a major in nursing.
- A course of study that leads to a doctorate in nursing practice.
- Applicable fields include but are not limited to education,anthropology, gerontology, counseling, psychology, sociology, health education, health administration, and public health. A person who wishes to fulfill this requirement with education in an applicable field not listed may petition the board for a determination of applicability.
- The date of hire is the first day of employment with compensation at a particular nursing education program.
- “Annual progress” means a minimum of one course per year taken as part of an organized plan of study. A written plan of study shall be kept in the employee’s file.
- Legal name of student.
- Dates of admission, completion of the program and graduation.
- Courses that were accepted for transfer.
- Evidence of authenticity.
- Degree granted.
Pursuant to the authority of Iowa Code section 455G.4, the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board hereby rescinds Chapter 5, “Determination or Adjustment of Cost Factor,” Chapter 6, “Administration of the Environmental Protection Charge Imposed upon Petroleum Diminution,” Chapter 10, “Restructuring of Insurance Board and Transfer of Assets and Liabilities of Insurance Fund,” Chapter 12, “Guaranteed Loan Program,” and Chapter 14, “Aboveground Petroleum Storage Tank Fund,” Iowa Administrative Code. The rescissions of Chapters 5 and 6 implement 2016 Iowa Acts, House File 2464, which removed the authority to collect or administer the environmental protection charge (EPC). Chapters 10, 12 and 14 were created to implement Iowa Code sections 455G.11, 455G.10, and 455G.23, respectively, and each of these sections has since been repealed. The purpose of these amendments is to rescind rules for which the implementing statutes have been repealed. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3267C on August 30, 2017. No public comments were received. These amendments are identical to those published under Notice of Intended Action. The Iowa Comprehensive Petroleum Underground Storage Tank Fund Board adopted these amendments on October 25, 2017. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapter 424 and sections 455G.11, 455G.10, and 455G.23; and 2016 Iowa Acts, House File 2464, sections 6, 7 and 8. These amendments will become effective January 10, 2018. The following amendments are adopted.
ITEM 1. Rescind and reserve 591—Chapter 5. ITEM 2. Rescind and reserve 591—Chapter 6. ITEM 3. Rescind and reserve 591—Chapter 10. ITEM 4. Rescind and reserve 591—Chapter 12. ITEM 5. Rescind and reserve 591—Chapter 14. [Filed 11/3/17, effective 1/10/18][Published 12/6/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/6/17.ARC 3499CPublic Health Department[641]Adopted and FiledPursuant to the authority of Iowa Code section 691.6, the Iowa Department of Public Health hereby amends Chapter 126, “State Medical Examiner,” Iowa Administrative Code. The Office of the State Medical Examiner changes the recommended autopsy fee from $1,400 to $1,900 to cover the increasing costs of medical supplies, personnel, information management (costs associated with case management, application maintenance, data storage, and security requirements), and maintaining accreditation with the National Association of Medical Examiners (NAME). The base autopsy fee is retained by the Office of the State Medical Examiner and is applied toward providing forensic pathology and death investigation services. The autopsy fee increase becomes effective on July 1, 2018. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3212C on July 19, 2017. No public comments were received. The amendment was revised from the Notice of Intended Action to indicate that the autopsy fee increase goes into effect on July 1, 2018. The State Board of Health adopted this amendment on November 8, 2017. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code section 691.6. This amendment will become effective January 10, 2018. The following amendment is adopted.
ITEM 1. Amend subrule 126.3(1) as follows: 126.3(1) Fee schedule. The fees collected under this subrule shall be considered repayment receipts as defined in Iowa Code section 8.2. a. The following fees shall apply to autopsies conducted by the state medical examiner: Autopsy $1400 — Beginning July 1, 2018, $1900 Copies of reports $20Exceptions: A copy of the autopsy report is automatically sent to the county medical examiner and to the county attorney without fee. A single copy of an autopsy report may be provided to the immediate next of kin of the deceased without fee. Copies of autopsy reports may be provided to public officials and physicians of record for official purposes without fee. b. The following fee is for time spent reviewing case materials, preparing for deposition or court, testifying in deposition or court, and travel time. State, deputy, or associate medical examiner(s) time for all court cases $450 per hour with a one-hour minimum c. A cremation permit fee of $75 will be assessed for each permit investigated and authorized by the state medical examiner’s office. [Filed 11/9/17, effective 1/10/18][Published 12/6/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/6/17.ARC 3500CReal Estate Commission[193E]Adopted and FiledPursuant to the authority of Iowa Code section 543B.9, the Real Estate Commission hereby amends Chapter 7, “Offices and Management,” Chapter 16, “Prelicense Education and Continuing Education,” and Chapter 17, “Approval of Schools, Courses and Instructors,” Iowa Administrative Code. These amendments implement 2017 Iowa Acts, House File 541, section 4, which amends Iowa Code section 543B.31 to allow for a real estate broker to be the designated broker of more than one branch office within the state. The amendments are also a result of the five-year rolling review of administrative rules outlined in Iowa Code section 17A.7(2), along with input from and concerns expressed by leadership of the professional association of real estate licensees in regard to the prelicense education requirements for real estate brokers and in regard to establishing a passing score standard for distance learning courses and paper and pencil home-study courses. Chapter 7 describes the general requirements for real estate offices and management. The amendments to Chapter 7 allow for a real estate broker to be the designated broker of more than one branch office within the state, allow for licenses to be electronically submitted to the Commission, and provide for a general cleanup of the chapter. Chapter 16 describes the general requirements for prelicense education and continuing education for real estate licensees. The amendments to Chapter 16 remove old education requirements that have since been updated, change the prelicense education courses for real estate brokers beginning January 1, 2020, and provide for a general cleanup of the chapter. Chapter 17 describes the general requirements for approval of schools, courses, and instructors that provide prelicense and continuing education to real estate licensees. The amendments to Chapter 17 give instructors discretion on whether or not to issue an attendance certificate to a student and establish a passing score standard for distance learning courses and paper and pencil home-study courses. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3154C on July 5, 2017. A public hearing was held on July 25, 2017, and no comments were received. Since publication of the Notice, one change has been made in subrule 16.5(2) to change the word “approved” to “granted.” These rules are subject to waiver or variance pursuant to 193—Chapter 5. The Real Estate Commission adopted these amendments on September 7, 2017. After analysis and review of this rule making, the Professional Licensing and Regulation Bureau determined that there will be no impact on jobs and no fiscal impact to the state. These amendments are intended to implement Iowa Code section 543B.9 and section 543B.31 as amended by 2017 Iowa Acts, House File 541. These amendments will become effective January 10, 2018. The following amendments are adopted.
ITEM 1. Amend rule 193E—7.1(543B) as follows:193E—7.1(543B) Real estate offices and licenses required. 7.1(1) Every Iowa resident real estate firm or self-employed broker shall maintain an office for the transaction of business in the state of Iowa, which shall be open to the public during business hours or by appointment.A nonresident Iowa real estate broker or firm is not required to maintain a definite place of business within Iowa, provided the nonresident broker or firm maintains an active place of business within the state or jurisdiction of domicile as provided in Iowa Code section 543B.22. 7.1(2) Sharing office space. It shall be acceptable for more than one broker to operate in an office at the same address if each broker maintains all records and trust accounts separate from all the others. Each broker shall operate under a business name, which clearly identifies the broker as an individual within the group of brokers. 7.1(3) Branch office. A residentlicensed Iowa real estate firm or proprietorsole-proprietor broker maintaining a branch office shall display twoa commission-issued branch office licenseslicense in that location. OneThe branch office license is issued in the name of the firm or proprietorsole-proprietor broker and one is issued in the name of the designated broker or broker associate assigned to supervise the branch officeshall include the license number and the physical address of the branch office. (Exception: A sole-proprietor broker who is the designated broker for a branch office location and not the main office location is required to display only one branch office license in that location.) The main office and every branch office shall be directly supervised by a broker or broker associate assigned to that location as the designated broker. No broker or broker associate shall be the designated broker of more than one location.The branch office license shall be issued at a reduced fee and shall have the same expiration date of the primary license. 7.1(4) When a real estate brokerage firm closes, the principal broker or a designated representative shall follow procedures as provided in 193E—Chapter 8. 7.1(5) A licensed officer of a corporation or partnership may be licensed as an officer or partner of more than one corporation or partnership. The main or primary license for which the full license fee was paid must be maintained in active status to keep any additional licenses that were issued at a reduced fee active and in effect.A broker officer licensed to more than one corporation or partnership may be the designated broker of more than one corporation or partnership.Continuing education is required only for renewal of the main or primary license. 7.1(6) When the designated broker of a branch office transfers to a different office, terminates employment, or otherwise ceases to be in charge of the branch location, the branch office license must be returned to the commission. A new designated broker for the branch must be assigned before a new branch license can be issued. If the branch office is assigned to a corporation or partnership, the corporation or partnership license displayed in the branch office must also be returned to the commissiona branch office closes, notice in writing, electronic or otherwise, shall be given to the commission. 7.1(7) A broker associate employed or engaged to be in charge of the branch office shall have the same responsibilities of supervision of the licensees working from that location as are imposed on the employing, sponsoring, or affiliated broker. 7.(8) 7.1(7) Each actively licensed broker associate and salesperson shall be licensed under a broker. 7.(9) 7.1(8) A broker associate or salesperson shall not be licensed under more than one broker during the same period of time. ITEM 2. Amend rule 193E—7.2(543B) as follows:193E—7.2(543B) Notification required. 7.2(1) Partnerships, associations, and corporations are required to obtain a license before acting as a real estate broker. Failure of a broker to inform the commissionin writing, electronic or otherwise, within five working days that the broker has formed a new partnership, association or corporation, or has changed the type of the business, is prima facie evidence of a violation of Iowa Code section 543B.1. 7.2(2) Failure of a broker to inform the commission in writing, electronic or otherwise, within five working days of a change in type of license as proprietorsole-proprietor broker, partner, officer or broker associate is prima facie evidence of a violation of Iowa Code sections 543B.1 and 543B.29(1). 7.2(3) Failure of a broker to inform the commission in writing, electronic or otherwise, within five working days of a change of address of a proprietorship, partnership, or corporation is prima facie evidence of a violation of Iowa Code section 543B.32. 7.2(4) Failure of a broker to return a license or make a reasonable effort to deliver,or mail, preferably by certified mail, aor electronically submit the license to the commission office to ensure that it is received within 72 hours after a salesperson or broker associate is discharged or terminates employment is prima facie evidence of a violation of Iowa Code section 543B.33. 7.2(5) Each real estate broker who returns a license to the commission office shall include the last-known permanent mailing address of the licensee. 7.(6) 7.2(5) Failure of a licensee to inform the commission in writing, electronic or otherwise, within five working days of a change of residence address or mailing address is prima facie evidence of a violation of Iowa Code sections 543B.16 and 543B.18. 7.(7) 7.2(6) When a broker is notified that a license is inactive, suspended, revoked, or canceled, the broker shall return the license or mail the license, preferably by certified mail, to the commission office and make everymake a reasonable effort todeliver, mail, or electronically submit the license to ensure that the license is received by the commission within 72 hours after notification. ITEM 3. Amend rule 193E—7.3(543B) as follows:193E—7.3(543B) Suspended and revoked licenses. A suspended or revoked license must be returned to the commission as provided in Iowa Code section 543B.33 and subrule 7.2(7)7.2(6). 7.3(1) As of the effective date of a suspended or revoked license, the licensee shall not engage in any activity that requires a real estate license as defined in Iowa Code chapter 543B. 7.3(2) When asole-proprietor broker, corporation or partnership license is suspended or revoked, all licensees associated with or assigned to thatsole-proprietor broker, corporation or partnership shall automatically be placed on inactive status for the duration of the suspension or revocation, unless transferred to anothersole-proprietor broker, corporation or partnership. a. The broker whose license is suspended or revoked shall return, before or immediately upon the effective date of the suspension or revocation, all licenses that are assigned to or associated with the broker or the firm as provided in Iowa Code section 543B.33 and subrule 7.2(7)7.2(6). b. When a suspension or revocation is determined, the commission shall also determine if the corporation or partnership license shall be automatically placed on inactive status or canceled. c. If the broker whose license is suspended or revoked is also the designated broker of a firm or branch office, that firm or branch office shall automatically be placed on inactive status until a new broker is designated. d. c. If the broker whose license is suspended or revoked is the only licensedbroker officer of a corporation, the corporation license will automatically be placed on inactive statuscanceled. 7.3(3) A licensee whose license is suspended or revoked may receive compensation during the period of suspension or revocation only for those acts performed and for which compensation was earned when the person was actively licensed prior to the effective date of the suspension or revocation.This rule does not determine if a licensee is entitled to compensation; such entitlement would depend upon the licensee’s written employment or association agreement with the former affiliated broker and a matter of contract law. 7.3(4) All listings and property management agreements must be canceled by the broker whose license is suspended or revoked upon receipt of the order of revocation or suspension and prior to the effective date of the order. a. The seller or landlord, or buyer or tenant, shall be advised that the seller or landlord, or buyer or tenant, may enter into a listing or brokerage agreement with another broker of choice. b. A broker whose license is suspended or revoked may not sell or assign listings or management agreements to another broker without the written consent of the owner of the property, and any sale or assignment of listings or management agreements must be completed prior to the effective date of the order. 7.3(5) A broker whose license is suspended or revoked may not finalize any pending closings. This responsibility must be given to another broker, an attorney, a financial institution, or an escrow company. a. Transfer of this responsibility shall be done with the written approval of all parties to the transaction. b. All parties to the transaction shall be advised of the facts concerning the situation and shall be provided the name, address, and telephone number of the responsible entity where all trust and escrow moneys will be held, with the written approval of all parties. 7.3(6) A broker whose license is suspended or revoked is prohibited from advertising real estate in any manner as a broker. All advertising, including but not limited to signs, must be removed or covered within ten calendar days after the effective date of the suspension or revocation.The real estate brokerage telephone must not be answered in any manner to indicate the broker is active in the real estate business. ITEM 4. Amend rule 193E—16.1(543B), definitions of “Distance education” and “Live instruction,” as follows: "Distance educationlearning" means a planned teaching/learning experiencewith a geographic separation of student and instructor that utilizes a wide spectrum of technology-based systems, including computer-based instruction, to reach learners at a distance. Home-study courses that include written materials, exercises and tests mailed to the provider for review are included in this definition. "Live instruction" means an educational program delivered in a traditional classroom settingor by electronic means whereby the instructor and studenthave real-time visual and audio contact to carry out their essential tasks while together. ITEM 5. Amend rule 193E—16.2(543B) as follows:193E—16.2(543B) Salesperson prelicense and postlicense requirements. 16.2(1) Required course of study. a. The required course of study for the salesperson licensing examination shall consist of 60 classroomlive instruction or computer-baseddistance learning hours of real estate principles and practices to comply with the requirements of Iowa Code section 543B.15. The curriculum shall include, but not be limited to, the following subjects:Introduction to Real Estate and Iowa License Law12 hoursOwnership, Encumbrances, Legal Descriptions, Transfer of Title and Closing12 hoursContracts, Agency and Antitrust12 hoursValuation, Finance and Real Estate Math12 hoursProperty Management/Leasing, Fair Housing, Environmental Risksand Health Issues12 hours b. At the time of submission of an application, an applicant applying for an original salesperson license must also provide evidence of the following live instruction courses: 12 hours of Developing Professionalism and Ethical Practices, 12 hours of Buying Practices and 12 hours of Listing Practices. All the required education must be completed during the 12 months prior to the date the application is postmarked or received. 16.2(2) Maintaining active status. All first-time salespersons renewing licenses to maintain active status shall complete 36 commission-approved classroom hours by December 31 of the third year of licensure. The following courses satisfy the first license renewal continuing education requirement:Developing Professionalism and Ethical Practices12 hoursBuying Practices12 hoursListing Practices12 hours 16.2(3) Beginning January 1, 2009, and thereafter, an applicant applying for an original salesperson license must provide evidence of successful completion of the following courses: 12 hours of Developing Professionalism and Ethical Practices, 12 hours of Buying Practices and 12 hours of Listing Practices. This education is in addition to the 60-hour salesperson prelicense course. The applicant must complete all the required education during the 12 months prior to the date of application. 16.2(4) All salespersons licensed on January 1, 2009, or thereafter, as a requirement of license renewal and to maintain active status, must complete a minimum of 36 hours of approved courses. The continuing education must be completed during the three calendar years of the license term and cannot be carried over to another license term. Approved courses in the following subjects shall be completed to renew to active status: 8 hours of Law Update, 4 hours of Ethics and 24 hours of electives. 16.(5) 16.2(2) Completion of prelicense education. Successful completion of the salesperson prelicense education includes passage of an examination(s) designed by the approved provider that is sufficiently comprehensive to measure the student’s knowledge of all aspects of the course(s). Times allotted for examinations may be regarded as hours of instruction. 16.(6) 16.2(3) Substitution of courses. Written requests for substitution of the salesperson prelicense and postlicense education courses specified in 16.2(1), 16.2(2) and 16.2(3) may be granted if the applicant submits evidence of successful completion of a course or courses which are substantially similar to the courses specified in 16.2(1), 16.2(2) and 16.2(3). Any courseCourses completed more than 12 months prior to commission consideration for approval shall not qualify for substitution. ITEM 6. Renumber subrules 16.3(2) and 16.3(3) as 16.3(3) and 16.3(4). ITEM 7. Adopt the following new subrule 16.3(2): 16.3(2) Required course of study beginning January 1, 2020. Beginning January 1, 2020, the required course of study to take the broker examination shall consist of at least 60 classroom hours. Approved courses shall be completed within 24 months prior to the applicant’s taking the broker examination and shall include the following subjects:Contract Law and Contract Writing6 hoursIowa Real Estate Trust Accounts6 hoursPrinciples of Appraising and Market Analysis6 hoursReal Estate Law and Agency Law6 hoursReal Estate Finance6 hoursFederal and State Laws Affecting Iowa Practice6 hoursReal Estate Office Organization, Administration and Human Resources12 hoursReal Estate Technology and Data Security6 hoursEthics and Safety Issues for Brokers6 hours ITEM 8. Amend renumbered subrule 16.3(3) as follows: 16.3(3) Completion of prelicense education. Successful completion of the broker prelicense education includes passage of an examination(s) designed by the approved provider that is sufficiently comprehensive to measure the student’s knowledge of all aspects of the course(s). Times allotted for examinations may be regarded as hours of instruction. Effective January 1, 2005, and thereafter, all persons applying for a broker license within their first renewal term must complete the 36-hour salesperson postlicense courses, including 12 hours of Developing Professionalism and Ethical Practices, 12 hours of Buying Practices and 12 hours of Listing Practices, before a broker license can be issued. ITEM 9. Amend rule 193E—16.4(543B) as follows:193E—16.4(543B) Continuing education requirements. 16.4(1) All individual real estate licenses are issued for three-year terms, counting the remaining portion of the year of issue as a full year. All individual licenses expire on December 31 of the third year of the license term. 16.4(2) As a requirement of license renewal in an active status, each real estate licensee shall complete a minimum of 36 hours of approved programs, courses or activities. The continuing education must be completed during the three calendar years of the license term and cannot be carried over to another license. Approved courses in the following subjects shall be completed to renewa license to active status, except in accordance with 16.2(2):Law Update 8 hoursEthics 4 hoursElectives24 hours 16.4(3) During each three-year renewal period a course may be taken for credit only once. A course may be repeated for credit only if the course numbers and instructors are different. 16.4(4) A maximum of 24 hours of continuing education may be taken by distance educationlearning each three-year renewal period. 16.4(5) A licensee unable to attend educational offerings because of a disability may make a written request to the commission setting forth an explanation and verification of the disability. Licensees making requests must meet the definition of a person with a disability found in the Americans with Disabilities Actas amended by the ADA Amendments Act of 2008 (ADAAA). 16.4(6) In addition to courses approved directly by the commission, the following will be deemed acceptable as continuing education: a. Credits earned in a state which has a continuing education requirement for renewal of a license if the course is approved by the real estate licensing board of that state for credit for renewal. However, state-specific courses are not acceptable. b. Courses sponsored by the National Association of Realtors (NAR) or its affiliates. ITEM 10. Amend rule 193E—16.5(543B) as follows:193E—16.5(543B) Continuing education records. Applicants for license renewal pursuant to Iowa Code section 543B.15 shall certify that the number of hours of continuing education required to renew a license was completed as described in 16.2(2) and 193E—16.4(543B). 16.5(1) The commission will verify by random auditor on a test basis the education claimed by the licensee. It shall be the responsibility of the licensee to maintain records that support the continuing education claimed and the validity of the credits. Documentation shall be retained by the licensee for a period of three years after the effective date of the license renewal. 16.5(2) It will not be acceptable for a licensee to complete the required continuing education after the fact, pursuant to 16.2(5) and 16.3(3)include on a renewal application continuing education which has not yet been completed, is outside the renewal period, or for which prior approval or postapproval has not been previously granted. 16.5(3) Failure to provide required evidence of completion of claimed education within 30 days of the written notice from the commission shall result in the license’s being placed on inactive status. Prior to activating a license that has been placed on inactive status pursuant to this provision, the licensee must submit to the commission satisfactory evidence that all required continuing education has been completed. 16.5(4) Filing a false affirmation is prima facie evidence of a violation of Iowa Code sectionssection 543B.29(1) and (3). ITEM 11. Amend rule 193E—16.7(543B) as follows:193E—16.7(543B) Full-time attendance. Successful completion of continuing education requires full-time attendance throughout the program, course or activity. A student who arrives late, leaves during class or leaves early shallmay not receive a certificate. ITEM 12. Amend rule 193E—16.8(543B) as follows:193E—16.8(543B) Education requirements for out-of-state licensees. Subrules 16.2(2) andSubrule16.4(2) shall apply to every Iowa real estate licensee unless exempted by Iowa Code subsectionsection272C.2(5). ITEM 13. Amend rule 193E—16.9(543B) as follows:193E—16.9(543B) Examination as a substitute for continuing education. 16.9(1) A salesperson may satisfy all continuing education deficiencies by taking and passing the real estate salesperson examination.An authorization letter must be obtained from the commission prior to scheduling the examination with the examination administrator. a. If the salesperson takes and passes the salesperson examination within the six months immediately preceding the expiration of the license, the salesperson examination score report may be substituted for the required hours of continuing education credit for the current license term and will satisfy all previous deficiencies. b. A salesperson who is otherwise qualified to be a broker and who passes the broker licensing examination is not required to furnish evidence of credit for continuing education earned as a salesperson. 16.9(2) A broker may satisfy all continuing education deficiencies by taking and passing the real estate broker examination.An authorization letter must be obtained from the commission prior to scheduling the examination with the examination administrator. If the broker takes and passes the broker examination within the six months immediately preceding the expiration of the license, the broker examination score report may be substituted for the required hours of continuing education credits for the current license term and will satisfy all previous deficiencies. ITEM 14. Amend rule 193E—16.10(543B) as follows:193E—16.10(543B) Use of prelicense and postlicense courses as continuing education. 16.10(1) Salespersons and brokers may take up to 24 hours of the salesperson prelicense and postlicense courses specified in 16.2(1) and 16.2(2) as continuing education. However, a newly licensed salesperson cannot use credits from the salesperson prelicense course(s) to meet the continuing education requirement of the first renewal term. 16.10(2) Broker prelicense courses taken by a salesperson may be applied as continuing education for renewal of the salesperson license and also may be used as prelicense credit to qualify for a broker license. 16.10(3) A broker may take broker prelicense courses as continuing education, but a newly licensed broker cannot use as continuing education credits from the prelicense courses taken to qualify for the broker license. ITEM 15. Amend rule 193E—16.11(543B) as follows:193E—16.11(543B) Requests for prior approval or postapproval of a course(s). A licensee seeking credit for attendance and participation in a course, program, or other continuing education activity that is to be conducted by a school not otherwise approved by the commission may apply for approval to the commission at least 21 days in advance of the beginning of the activity. The commission shall approve or deny the application in writing within 14 days of receipt of the application. 16.11(1) The application for prior approval of a course or an activity shall include the following information:- School or organization or person conducting the activity.
- Location of the activity.
- Title and brief description of the activityor title and course outline.
- Credit hours requested.
- Date of the activity.
- Principal instructor(s).
- School, firm, organization or person conducting the activity.
- Location of the activity.
- Title,and description of activity, and course outline.
- Credit hours requested for approval.
- Date of the activity.
- Principal instructor(s).
- Verification of attendance.
Pursuant to the authority of Iowa Code sections 307.12 and 307A.2, the Iowa Department of Transportation, on November 15, 2017, adopted amendments to Chapter 150, “Improvements and Maintenance on Primary Road Extensions,” Iowa Administrative Code. The Department is amending Chapter 150 to improve the overall quality of the language in the chapter as well as to provide more positive guidance and remove ambiguities. There are currently 13 separate occurrences in Chapter 150 which include “expect” and “expected” language in the form of “the department shall expect the city to” or “the city shall be expected to.” Couching responsibilities in the form of “expectations” creates ambiguity about whether action is required, which diminishes the ability to attain consistent standards, and accordingly, the Department determined that this language should be amended to better define the responsibilities for the Department and for cities. To address this, the Department is amending these rules to strike “expect” language and replace it with “shall” language (see Items 4, 5, 7, 8, 10 and 12). In Item 15, the Department is adding new rule 761—150.5(307) to reference 761—Chapter 11, Waiver of rules, to assist the Department and cities in unforeseen special circumstances. A city may submit a petition to the Department’s rules administrator to request a waiver of specific requirements of Chapter 150, and the petition for waiver must follow the procedures set out in 761—subrule 11.5(2). If the waiver request involves the interstate highway system, the request must also be approved by the Federal Highway Administration. The Department is also making the following changes to Chapter 150:
Pursuant to Iowa Code sections 474.5, 476.2 and 17A.4, the Utilities Board (Board) gives notice that on November 13, 2017, the Board issued an “Order Adopting Amendments” in Docket No. RMU-2016-0031, In re: Review of Rule Making Rules [199 IAC Chapter 3], amending the Board’s Chapter 3 rules governing rule making. The Board is undertaking a comprehensive review of its rules and, as part of that review, is attempting to make the rules more readable, streamline reporting requirements in the rules, ensure the rules are current, and transition away from providing forms within the rules. The intent of these amendments is to promote ease of access for those interacting with the Board. The adopted amendments update and streamline the filing rules related to rule-making dockets and further clarify the processes used by the Board for petitions for rule making made by interested persons. The amendments also clarify the filing of comments once formal rule-making procedures have been commenced. The amendments also update outdated statutory references and formalize the Board’s process for complying with the comprehensive rules review process in future years. Notice of Intended Action was published in the September 27, 2017, Iowa Administrative Bulletin as ARC 3326C. The Board received comments from the Office of Consumer Advocate (OCA), a division of the Iowa Department of Justice; Interstate Power and Light Company (IPL); and the Iowa Communications Alliance (ICA). OCA stated it has no objections to the amendments. IPL stated it specifically supports the change to rule 199—3.11(17A,474) to adopt an ongoing rules review process over each five-year period. ICA also supports the amendments as filed. The adopted amendments are identical to those published under the Notice of Intended Action, except for two additional minor revisions. Subrule 3.1(4) has been further amended to make compliance with Board-provided forms permissive rather than mandatory and to strike a cross reference to Chapter 2 of the Board’s rules. Also, the catchwords of rule 199—3.2(17A,474) have been changed to more clearly articulate the purpose of the rule. The order approving this Adopted and Filed rule making can be found on the Board’s Electronic Filing System (EFS) website, efs.iowa.gov, in Docket No. RMU-2016-0031. After analysis and review of this rule making, the Board concludes that the amendments will not have a detrimental effect on employment in Iowa. These amendments are intended to implement Iowa Code sections 17A.1, 17A.7, 474.5, 476.1, and 476.2. These amendments will become effective January 10, 2018. The following amendments are adopted.
ITEM 1. Amend rule 199—3.1(17A,474) as follows:199—3.1(17A,474) Purpose and scope. 3.1(1) In generalScope. These rules shall govern the practice and procedure in all rule-making proceedings of the Iowa utilities board (board)board. 3.1(2) Rules of construction. If any provision of a rule or the application of a rule to any person or circumstance is itself or through its enabling statute held invalid, the invalidity doesshall not affect other provisions or applications of the rule which can be given effect without the invalid provision or application, and to this end the provisions of the rule areshall be severable. 3.1(3) Waiver. The board may waive the application of any of these rules pursuant to 199 IAC 1.3(17A,474)rule 199—1.3(17A,474,476). 3.1(4) Forms and filing requirements. All rule-making filings shall substantiallymay comply with the forms prescribed in 199 IAC 2.2(17A,474)provided by the board. All filings shall include an original and ten copies.All filings shall be made electronically except as otherwise permitted by the board. ITEM 2. Amend rule 199—3.2(17A,474) as follows:199—3.2(17A,474) Notice of inquiryInitial stakeholder input. In addition to seeking information by other methods, the board may solicit comments from the public on the subject matter of possible rule making by the boardissuing an order through its electronic filing system or by causing notice of the subject matter to be published in the Iowa Administrative Bulletin, indicating where, when, and how persons may comment. ITEM 3. Amend rule 199—3.3(17A,474) as follows:199—3.3(17A,474) Petition for adoption of rules. 3.3(1) Petitions. Any interested person may petition the board for the adoption, amendment, or repeal of a rule. 3.3(2) Stakeholder comments. Other interested persons may file written comments containing data, views, or arguments concerning the petition within 20 days of the filing of the petition. Reply comments may be filed within 27 days of the filing of the petition. The board may allow additional time for filing comments and reply comments at its discretion. 3.3(3) Board action on petition. Pursuant to Iowa Code section 17A.7(1), the board, by written order within 60 days after the filing of a petition for rule making, shall either deny the petition on the merits and state the reasons for the denial, commence a rule-making proceeding in accordance with Iowa Code section 17A.4, or, if exempt from the procedures of Iowa Code section 17A.4(1), adopt a rule. ITEM 4. Rescind and reserve subrule 3.4(2). ITEM 5. Adopt the following new subrules 3.4(5) and 3.4(6): 3 3.4 4(5) Written comments. Upon the commencement of a rule-making proceeding, any interested person may file written comments containing data, views, or arguments concerning the proposed adoption, amendment, or repeal of a rule within 20 days after the publication of the notice of rule making in the Iowa Administrative Bulletin or as otherwise ordered by the board. Comments shall be filed electronically unless otherwise permitted by the board. 3 3.4 4(6) Reply comments. The board may, in its discretion, allow for the filing of reply comments by interested persons. ITEM 6. Rescind and reserve rules 199—3.5(17A,474) and 199—3.6(17A,474). ITEM 7. Amend subrule 3.7(1) as follows: 3.7(1) Filing. The time period, as directed by the board, for filing of requests for oral presentation shall be not less thanInterested persons shall have 20 calendar days after the publication of the notice of rule making in the Iowa Administrative Bulletinto file a request for an oral presentation.The board may, in its discretion, extend the time period for making such requests. ITEM 8. Amend subrule 3.7(2) as follows: 3.7(2) Action on proper request. Within 15 calendar days of the filing of a request for oral presentation, the board shall determine if the request is in accordance with Iowa Code section 17A.4. If the board determines that thea request complies withIowa Code section 17A.4, the board shall by written order schedule oral presentation on the rule making and shall cause a notice of the oral presentation to be published in the Iowa Administrative Bulletin. The notice shall state the date, time and place of the oral presentation and shall briefly describe the subject matter of the rule-making proceeding. The oral presentation on the rule making shall be not less than ten20 calendar days after the publication of the notice. The board shall serve a similar notice on the party requesting oral presentation, on any other persons filing written comments, and on the petitioner, if anyall parties by filing the notice in the board’s electronic filing system. ITEM 9. Amend subrule 3.8(3) as follows: 3.8(3) RebuttalComments and limitations. The board may, in its discretion, permit rebuttal statements of positionreply comments and request the filing of written statements of positioncomments subsequent to the adjournment of the rule-making oral presentation. The board may limit the time of any oral presentation and the length of any written presentation. ITEM 10. Amend subrule 3.9(3) as follows: 3.9(3) Statements. Upon the adoption, amendment, or repeal of a rule or termination of a rule-making proceeding, and if timely written request is filed by any interested person pursuant to Iowa Code section 17A.4(1)“b,”17A.4(2), the board shall, within 35 days of the request, issue a formal written statement of the principal reasons for and against the adoption, amendment, or repeal of the rule, or termination of the rule-making proceeding, including the reasons why the board overruled the positions in opposition to the board’s decision. ITEM 11. Amend subrule 3.10(1) as follows: 3.10(1) Regulatory analysis. The board shall issue a regulatory analysis of a proposed rule, or of a rule adopted without prior notice and opportunity for public participation, when required by 1998 Iowa Acts, chapter 1202, section 10Iowa Code section 17A.4A. ITEM 12. Amend rule 199—3.11(17A,474) as follows:199—3.11(17A,474) Review of rules. 3.11(1) Ongoing review. Pursuant to Iowa Code section 17A.717A.7(2), upon receipt from the administrative rules coordinator of a request for formal review of a specified rule, the board will determine whether the rule has been reviewed within the preceding five years. If such a review was conducted, the board will report that fact to the administrative rules coordinator. If no such review has been conducted, the board will consider whether the rule should be repealed or amended or a new rule adopted in its place. The board will prepare a written report summarizing its findings, supporting reasons, and proposed course of action. Copies of the report will be sent to the administrative rules review committee and the administrative rules coordinator, and will be made available for public inspection. 3.11(2) Process. To facilitate the requirement to review its rules every five years, the board shall review a portion of its chapters each fiscal year over each five-year period. a. In fiscal year 2018 and every fifth year thereafter, the board shall review Chapters 1 through 9 of its rules. b. In fiscal year 2019 and every fifth year thereafter, the board shall review Chapters 10 through 18 of its rules. c. In fiscal year 2020 and every fifth year thereafter, the board shall review Chapters 19 through 27 of its rules. d. In fiscal year 2021 and every fifth year thereafter, the board shall review Chapters 28 through 36 of its rules. e. In fiscal year 2022 and every fifth year thereafter, the board shall review Chapters 37 through 45 of its rules. f. If the board adopts additional chapters in its rules, such chapters shall be reviewed every fifth fiscal year from the fiscal year in which they are made effective. [Filed 11/13/17, effective 1/10/18][Published 12/6/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/6/17.