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Bulletin
12-20-2017
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ARC 3516CCollege Student Aid Commission[283]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 section 261.3, the Iowa College Student Aid Commission hereby gives Notice of Intended Action to amend Chapter 1, “Organization and Operation,” Iowa Administrative Code. The proposed amendment reflects changes made to the bylaws of the Iowa College Student Aid Commission during the Commission’s September 15, 2017, meeting. Bylaws are required under Iowa Code section 261.3. The proposed amendment clarifies when special meetings may be held and how affirmative votes are recorded. Interested persons may submit comments orally or in writing by 4:30 p.m. on January 9, 2018, to the Executive Director, Iowa College Student Aid Commission, 430 East Grand Avenue, Third Floor, Des Moines, Iowa 50309-1920. Written comments also may be sent by fax to (515)725-3401, by email to julie.leeper@iowa.gov, or via the Iowa administrative rules website at rules.iowa.gov. The Commission does not intend to grant waivers under the provisions of these rules. After analysis and review of this rule making, the Commission finds that there is no impact on jobs. This amendment is intended to implement Iowa Code chapter 261. The following amendment is proposed.
ITEM 1. Amend subrule 1.2(3) as follows: 1.2(3) Meetings. The commission shall meet at regular intervals at least six times annually. The commission may hold additional regular meetings from time to time during the year as deemed necessary and with proper notice to the public. Additional meetingsalso may be called at the discretion of the chairperson. a. The chairperson of the commission presides at each meeting. Members of the public may be recognized at the discretion of the chairperson. All meetings are open to the public in accordance with the open meetings law, Iowa Code chapter 21. b. The commission shall give advance public notice of the time and place of each commission meeting. The notice will include the specific date, time, and place of the meeting. c. A quorum shall consist of two-thirds of the voting members of the commission. When a quorum is present, a position is carried by an affirmative vote of the majority of commission members eligible to vote.A commissioner who is present at a meeting of the commission at which action on any matter is taken shall be presumed to have assented to the action taken unless the commissioner’s dissent or abstention is recorded in the minutes of the meeting or unless, before adjournment of the meeting, the commissioner files written dissent to such action with the person who is acting as the secretary of the meeting. The right to dissent shall not apply to a commissioner who voted in favor of an action. d. A specific time is set aside at each meeting for the public to address the commission. As a general guideline, a limit of five minutes will be allocated for each of these presentations. If a large group seeks to address a specific issue, the chairperson may limit the number of speakers. Members of the public who wish to address the commission during this portion of the meeting are required to notify the commission’s administrative secretary prior to the meeting. The person’s name and the subject of the person’s remarks must be provided. To accommodate maximum public participation, members of the public are encouraged to submit requests at least 72 hours in advance of the meeting.ARC 3517CCollege Student Aid Commission[283]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 section 261.3, the Iowa College Student Aid Commission hereby gives Notice of Intended Action to amend Chapter 37, “Student Loan Debt Collection,” Iowa Administrative Code. The proposed amendments clarify procedures that apply to offset against state income tax refunds or rebates and administrative wage garnishment. Interested persons may submit comments orally or in writing by 4:30 p.m. on January 9, 2018, to the Executive Director, Iowa College Student Aid Commission, 430 East Grand Avenue, Third Floor, Des Moines, Iowa 50309-1920. Written comments also may be sent by fax to (515)725-3401, by email to julie.leeper@iowa.gov, or via the Iowa administrative rules website at rules.iowa.gov. The Commission does not intend to grant waivers under the provisions of these rules. After analysis and review of this rule making, the Commission finds that there is no impact on jobs. These amendments are intended to implement Iowa Code chapter 261. The following amendments are proposed.
ITEM 1. Amend rule 283—37.4(261), introductory paragraph, as follows:283—37.4(261) Administrative wage garnishment procedures. The commission shall apply administrative wage garnishment procedures established under the federal Higher Education Act of 1965, as amended and codified in 20 U.S.C. § 1071 et seq., in the collection of all defaulted student loans owed to the commission, including the procedures outlined in subrules 37.4(1) to 37.4(4).The commission may enter into an agreement with the Iowa department of revenue or another state agency to administer administrative wage garnishment to collect other defaulted debt owed to the commission. ITEM 2. Amend subrule 37.5(1) as follows: 37.5(1) General. A claim against a defaulted borrower’s state income tax refund or rebate will be made to receive payment against any defaulted student loan owed to the commission.The commission may enter into an agreement with the Iowa department of revenue or another state agency to administer tax refunds or rebates.ARC 3520CEnvironmental Protection Commission[567]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 section 455B.133, the Environmental Protection Commission (Commission) hereby gives Notice of Intended Action to amend Chapter 20, “Scope of Title—Definitions,” Chapter 22, “Controlling Pollution,” Chapter 23, “Emission Standards for Contaminants,” Chapter 25, “Measurement of Emissions,” Chapter 30, “Fees,” Chapter 33, “Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant Deterioration (PSD) of Air Quality,” and Chapter 34, “Provisions for Air Quality Emissions Trading Programs,” Iowa Administrative Code. The purposes of this proposed rule making are to:
Item 1 amends rule 567—20.2(455B), definition of “EPA reference method,” to adopt the most current EPA methods for measuring air pollutant emissions (stack testing and continuous monitoring). On August 30, 2016, EPA revised the reference methods in 40 Code of Federal Regulations (CFR) Parts 51, 60, 61 and 63 to eliminate outdated procedures, add alternative testing methods, make technical corrections, and correct typographical and grammatical errors. Several of the updated test methods in Parts 51, 60, 61 and 63 are adopted by reference in 40 CFR Part 75 for the Acid Rain Program. Adopting EPA’s updates ensures that state reference methods match current federal reference methods and are no more stringent than the federal methods. Further, the alternative test methods offer regulatory flexibility to affected facilities. The amendments in Items 6, 10, 11, 12, 13, 14, 15 and 16 are proposed concurrently with this amendment to similarly reflect updates to EPA testing and monitoring methods as the methods apply to specific air quality programs. Item 1 also updates the definition of “volatile organic compounds” (VOC) to reflect recent changes that EPA made to the Federal definition of VOC. On August 1, 2016, a final regulation was published in the Federal Register to exclude the compound 1,1,2,2-tetrafluoro-1-(2,2,2-trifluoroethoxy) Ethane (HFE-347pcf2) from the federal definition because this compound makes a negligible contribution to tropospheric ozone formation. In Item 19, an amendment to subrule 33.3(1) is proposed concurrently with the amendment in Item 1 to similarly update the definition of “volatile organic compounds” for the specific air quality programs. Item 2 amends paragraph 22.1(2)“i” to correct a cross reference to a definition. The current cross reference is to paragraph 22.5(1)“f,” which no longer exists. All provisions that were previously included in rule 567—22.5(455B) are now in Chapter 31. The cross reference is revised to refer to the correct definition included in subrule 31.3(1). Item 3 amends paragraph 22.1(2)“r” to make updates to the exemption for internal combustion engines with a brake horsepower rating of less than 400. The amendment clarifies that owners and operators of engines that are not required to submit to the Department an engine registration may qualify for this exemption. The revision provides certainty to affected facilities and reduces the regulatory burden of completing an unneeded engine registration to qualify for this exemption. Item 4 amends subparagraph 22.1(2)“w”(1) to correct an error in the eligibility criteria for the “small unit” exemption. The small unit exemption is available as an alternative to obtaining a construction permit for owners and operators of emission units that emit less than certain thresholds of specific air pollutants. For an emission unit to qualify for the small unit exemption, the unit must emit less than the emission thresholds for each of the pollutants listed. However, the list of criteria has the word “or” between the last two items in the list, which could lead affected owners and operators to conclude that an emission unit does not need to meet all of the criteria in the list. The intent of the small unit exemption is that the emission unit must emit less than each of the emission thresholds included in the list. Further, the Department has implemented the exemption in this manner since its adoption. It is therefore appropriate to revise this exemption to include the word “and” rather than “or” between the provision for “PM2.5” and the one for “hazardous air pollutants” in the list of air pollutants. This amendment reflects the original intent and ongoing implementation of the small unit exemption and provides clarity to owners and operators that may wish to use this exemption. Item 5 amends the provisions for permit by rule for spray booths specified in paragraph 22.8(1)“a.” The amendment allows powder coat material to be used in paint booths without being considered “sprayed material,” provided the powder coating is applied in an indoor-vented spray booth equipped with filters or an overspray powder recovery system. The Department has evaluated the particulate emissions from powder coating and has determined that emissions occurring under the conditions specified in the permit by rule would not contribute to exceedances of the ambient air quality standards for particulate matter. The amendment excludes powder coatings from the definition of “sprayed material” for purposes of the permit by rule. Item 6 amends rule 567—22.100(455B) to update the definition of “EPA reference method” for the Title V operating permit (Title V) program to adopt the most current federal reference methods for stack tests and continuous emissions monitoring in the same manner as described above for Item 1. This amendment implements a portion of the Department’s five-year review of rules plan by ensuring that the state rules for the Title V program, specifically the test methods, are consistent with federal requirements and are no more stringent than federal requirements. Item 7 amends subparagraph 22.103(2)“b”(6) to revise the criteria for an emergency engine rated at less than 400 horsepower to be considered an insignificant activity for the Title V program. The proposed amendment clarifies that engines subject to federal new source performance standards (NSPS) or national emission standards for hazardous air pollutants (NESHAP) are not considered insignificant activities for purposes of the Title V program because the federal standards impose applicable requirements for emergency engines. Item 8 updates the provisions for Title V emissions inventories in subrule 22.106(2) to eliminate the requirement to submit specific forms for the inventory and to state instead that the emissions inventory shall be submitted on forms specified by the Department. The amendment provides needed flexibility for the Department to streamline the emissions inventory forms and submittal methods. Item 9 amends subrule 22.107(6) to update the public notice requirements for the Title V program to reflect changes to federal regulations that EPA finalized on October 18, 2016. Previously, EPA required that public notice be given by publication in a newspaper of general circulation where the source being permitted is located or in a state publication. EPA revised the public notice provisions to allow for posting of the public comment period on a website identified by the permitting authority (the Department). EPA’s revisions also require that permitting authorities be consistent in the method of providing public notice, although other means to provide adequate notice may be used if necessary. To reflect EPA’s changes, this amendment specifies that the Department will provide public notice by posting on a public website identified by the Department, while using other means if necessary to ensure adequate notice to the affected public. Item 10 amends rule 567—22.120(455B) to update the test methods specified in 40 CFR Part 74 for the Acid Rain Program in the same manner as described above for Item 1. Items 11, 12, 13 and 14 affect new source performance standards, hazardous air pollutant standards, and emission standards for existing sources. The U.S. Clean Air Act (CAA) obligates the EPA to issue standards to control air pollution. Two categories of standards, the NSPS and NESHAP, set standards and deadlines for industrial, commercial or institutional facilities to meet uniform standards for equipment operation and air pollutant emissions. NESHAP regulations differ depending on whether a facility is a “major source” or an “area source.” Major sources are typically larger facilities and have potential emissions of 10 tons or more per year of any single hazardous air pollutant (also known as “HAP” or “air toxics”) or 25 tons or more of any combination of HAPs. Area sources have potential air toxics emissions at less than the major source thresholds. Although area sources generally emit less air toxics than major sources, area sources are more numerous and may collectively cause adverse impacts to public health. Because the NSPS and NESHAP proposed for adoption by reference are federal regulations, affected sources are subject to the federal requirements regardless of whether the Commission adopts the standards into state rules. However, the CAA allows a state or local agency to implement NSPS and NESHAP as a “delegated authority.” Upon state adoption of the standards, the Department becomes the delegated authority for the specific NSPS or NESHAP and is the primary implementation agency in Iowa. Two local agencies, Polk County and Linn County, implement these standards within their counties. Iowa’s rules, including all compliance deadlines, are identical to the federal NSPS and NESHAP as of a specific date. With implementation authority, the state and local agencies have the ability to make applicability determinations for facilities, rather than referring these decisions to EPA. Emission standards for existing sources (known as Emission Guidelines) are similar to NSPS, but direct states to set emission standards by certain deadlines for specific existing sources. EPA’s Emission Guidelines provide “model rules” that states may adopt by reference in setting the requirements for existing sources. EPA requires states to establish Emission Guidelines that are at least as rigorous as EPA’s model rules. As it does with NSPS and NESHAP, the Commission adopts Emission Guidelines by reference so that the requirements are no more or less stringent than federal requirements. If the Commission does not adopt the Emission Guidelines, EPA will impose a federal plan with emission standards for affected facilities. Because EPA may set standards with compliance deadlines that are earlier than those allowed under state plans, it is generally advantageous for the state to adopt these guidelines. Stakeholders affected by NSPS, NESHAP and Emission Guidelines typically prefer for the Department, rather than the EPA, to be the primary implementation authority in Iowa. Upon adoption of the new and amended standards, the Department will work with affected facilities to provide compliance assistance, as needed. Additionally, affected area sources that are small businesses are eligible for free assistance from the small business assistance technical program. Item 11 amends subrule 23.1(2) to adopt new and revised NSPS, as described below. The text in parentheses in each section heading below indicates the applicable subpart(s) in 40 CFR Part 60 and the corresponding paragraph(s) in subrule 23.1(2). Municipal Solid Waste Landfills (Subpart WWW; paragraph 23.1(2)“rrr”) The Commission is proposing to revise the NSPS for municipal solid waste (MSW) landfills to make clear that, because of current litigation filed in the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit), Iowa is not adopting the recent federal amendments published in the Federal Register on August 29, 2016. Consequently, the proposed revision will specify the publication date for the federal NSPS that is currently adopted into the Iowa Administrative Code in 23.1(2)“rrr” for MSW landfills. (See also Item 14.) Commercial and Industrial Solid Waste Incineration (Subpart CCCC; paragraph 23.1(2)“vvv”) The Commission is proposing to adopt by reference several amendments that EPA made over a five-year period to the NSPS for commercial and industrial solid waste incinerators (CISWI). The Commission is now proposing adoption of these federal amendments because EPA’s reconsiderations and the litigation of the amendments have recently been resolved. The updated NSPS requirements affect CISWI that commenced construction after June 4, 2010, or CISWI that commenced modification or reconstruction after August 7, 2013. Incinerators constructed, reconstructed or modified prior to the dates EPA specified in Subpart CCCC are covered under the Emission Guidelines in Subpart DDDD. (See Item 14.) Background: On March 21, 2011, EPA issued revisions to Subparts CCCC and DDDD to control emissions of mercury, dioxin/furans, lead, cadmium, particulate matter, and other pollutants from CISWI units. EPA’s revisions specify that commercial or industrial incinerators or boilers that burn solid waste are subject to the NSPS and Emission Guidelines for CISWI. On February 7, 2013, EPA further revised the CISWI regulations in conjunction with amending the solid waste regulations for nonhazardous secondary materials. EPA’s updates in 2013 provided revised criteria for determining whether materials must be classified as fuel or as solid waste. EPA also streamlined the process for petitioning for classification of materials as fuel (for materials not already designated as fuel in the standard). On May 15, 2014, the D.C. Circuit granted EPA’s request for a partial voluntary remand of the NSPS so that EPA could justify the statistical analyses used in setting the standards. EPA then granted reconsideration on January 21, 2015, of several aspects of the 2013 final amendments. On June 23, 2016, EPA issued final amendments to the CISWI NSPS and Emission Guidelines to address the remaining reconsideration issues. The recent amendments address four issues: 1. Revision of the definition of “CEMS data during startup and shutdown periods”: EPA revised the definition to be specific to each subcategory of affected units, including boilers, cement kilns and small remote incinerators, and to be consistent with requirements for similar units that are covered under other NSPS or NESHAP. 2. Particulate matter limit for the waste-burning kiln subcategory: EPA revised the emission limits to be based on the average of the stack testing results, rather than the previously used individual test results, which resulted in lower emission standards for both new and existing waste-burning kilns. 3. Fuel variability factor (FVF) for coal-burning energy recovery units: EPA incorporated a fuel variability factor to determine the emission limits for several pollutants. 4. Definition of “kiln”: EPA revised the definition of “kiln” to be consistent with the definition in the NESHAP for Portland cement manufacturing. The revisions include changes to compliance demonstrations and monitoring requirements to be consistent with those in the Portland cement manufacturing NESHAP. The final federal amendments, published on June 23, 2016, are not subject to further petitions for reconsideration or judicial review. Consequently, the Commission is proposing to adopt by reference the federal amendments to the CISWI NSPS, as finalized and currently in effect, that occurred from March 21, 2011, through June 23, 2016. (See Item 14 for the proposed adoption of the CISWI Emission Guidelines.) Affected facilities: The Department is aware of one facility that is considered “new” under the NSPS and subject to the NSPS requirements. Under the NSPS, compliance is required upon start-up of the CISWI unit. Existing facilities may potentially be affected by the amended NSPS, should they undergo reconstruction or modification and continue to combust solid waste. Stationary Compression Ignition Internal Combustion Engines (Subpart IIII, paragraph 23.1(2)“yyy”) On July 7, 2016, EPA finalized amendments to the NSPS to allow manufacturers to design engines so that operators can override performance inducements related to the emission control system for stationary compression ignition internal combustion engines. The amendments apply only to engines operating during emergencies in which the operation of the engine or equipment is needed to protect human life. The amendments also require that the engine comply with federal Tier 1 emission standards during such emergencies. These federal amendments are adopted by reference through revision of the adoption date specified in the introductory paragraph of subrule 23.1(2). Test Methods (Amendments throughout Part 60) The amendment in Item 11 also adopts the changes EPA made to the NSPS test methods, as explained in the description above for Item 1. The federal amendments are adopted by reference through revision of the adoption date specified in the introductory paragraph of subrule 23.1(2). Item 12 amends subrule 23.1(3) to adopt revisions to the NESHAP standards in 40 CFR Part 61 for EPA’s updates to test methods, as explained above for Item 1. The federal amendments are adopted by reference through revision of the adoption date specified in the introductory paragraph of subrule 23.1(3). Item 13 amends subrule 23.1(4) to adopt, and in one case, to rescind adoption of, federal amendments to the NESHAP for source categories, as described below. The text in parentheses in each section heading below indicates the applicable subpart(s) in 40 CFR Part 63 and the corresponding paragraph(s) in subrule 23.1(4). Ferroalloys Production (Subpart XXX; paragraph 23.1(4)“bx”) - Rescission This NESHAP applies to new and existing major sources of ferroalloys production of ferromanganese and silocomanganese. Iowa has no facilities affected by this NESHAP and is unlikely to have any affected facilities in the future. The Commission is therefore proposing to rescind adoption of this NESHAP. The rescission will accomplish the Department’s goal of eliminating unnecessary rules and will implement a portion of the Department’s five-year review of rules plan to meet the requirements of Iowa Code section 17A.7(2). Removing unnecessary provisions makes the rules more accessible and understandable for regulated entities and for the public. If an affected facility should plan to locate to Iowa in the future, the Department will evaluate at that time whether to request adoption of the standard. Industrial, Commercial and Institutional Boilers at Area Sources (Subpart JJJJJJ; paragraph 23.1(4)“ej”) The Commission is proposing to adopt by reference the original NESHAP and subsequent amendments that EPA finalized over a five-year period that affect new and existing industrial, commercial and institutional (ICI) boilers located at area sources. The Commission is now proposing adoption of these federal amendments because EPA’s reconsiderations and the litigation of the amendments have recently been resolved. Background: EPA published the NESHAP for ICI boilers at area sources on March 21, 2011, and subsequently revised the NESHAP on February 1, 2013, and on September 14, 2016. The NESHAP, also known as the Area Source Boiler Rule, exempts from this rule all boilers meeting the definition of natural gas-fired boilers, temporary boilers, and residential boilers. Additionally, new and existing boilers burning solid or liquid fuels that are very small, have limited or seasonal use, or burn only ultra-low-sulfur liquid fuel or burn primarily biomass, are not subject to emission limits and have only work practice standards, such as a one-time energy assessment and a one-time or periodic tune up (every five years). Other new and existing boilers burning coal, biomass or liquid fuels may need to meet numeric emission limits for some air toxics and have required testing or monitoring, depending on the type of boiler and specific fuel burned. Additionally, EPA’s revised standards provide alternative compliance methods and more flexible monitoring for some boilers. Prior to issuing the final amendments in September 2016, EPA requested a voluntary remand (without vacatur) of some provisions of the Area Source Boiler Rule. On July 26, 2016, the D.C. Circuit granted EPA’s request and issued a remand without vacatur. The remand requires that EPA provide data to justify certain decisions that resulted in some requirements in the final federal regulations. Affected facilities and compliance dates: Based on required initial notifications submitted to the Department, the Department estimates that 13 facilities in Iowa have boilers affected by the Area Source Boiler Rule. All of these facilities are required to comply only with work practice standards (rather than emission limits) by the NESHAP compliance date of March 21, 2014, or upon start-up of the affected boiler, whichever date occurs later. At this time, the Department is not aware of any new or existing boilers subject to emission limits and associated monitoring specified in the NESHAP. Justification for proceeding with adoption despite the current remand: None of the provisions in the final rules are stayed or delayed. Further, although the remand may impact emission standards and monitoring requirements in the NESHAP, none of the facilities in Iowa currently subject to the NESHAP are affected by emissions limits or monitoring requirements. Lastly, the compliance date for affected existing facilities to comply with work practice standards was March 21, 2014, so facilities have already been required to apply with the NESHAP for over three years. Upon adoption of the Area Source Boiler Rule, the Department will work with affected facilities to provide compliance assistance as needed. Additionally, affected area sources that are small businesses are eligible for free assistance from the small business technical assistance program. Test Methods (Amendments throughout Part 63) The amendment to subrule 23.1(4) also adopts the changes EPA made to the NESHAP test methods, as explained in the description above for Item 1. The federal amendments are adopted by reference through revision of the adoption date specified in the introductory paragraph of the subrule. Item 14 amends subrule 23.1(5) to revise adoption of the federal Emission Guidelines. As explained in more detail above, EPA’s Emission Guidelines are set forth in 40 CFR Part 60 and direct states to set emission standards by certain deadlines for specific existing sources. EPA’s Emission Guidelines provide “model rules” that states may adopt by reference in setting the requirements for existing sources. As with the NSPS and NESHAP, the Commission proposes to adopt EPA’s Emission Guidelines by reference so that the requirements are no more or less stringent than federal requirements. Municipal Solid Waste Landfills (Subparts Cc and WWW; paragraph 23.1(5)“a”) As with the proposed amendment to the NSPS for MSW landfills as described in Item 11, the Commission is proposing to revise the Emission Guidelines for existing MSW landfills to make clear that Iowa is not adopting the recent federal amendments published in the Federal Register on August 29, 2016. As with the NSPS, the recent amendments to the Emission Guidelines for existing MSW landfills are being litigated in the D.C. Circuit. Consequently, the proposed amendment will specify the publication date for the federal Emission Guidelines that are currently adopted into the Iowa Administrative Code in 23.1(5)“a” for existing MSW landfills. Commercial and Industrial Solid Waste Incineration Units (CISWI) (Subpart DDDD; paragraph 23.1(5)“c”) Similar to its proposed adoption of amendments in Item 11 as described above, the Commission is proposing to adopt by reference several amendments that EPA made over a five-year period to the Emission Guidelines for existing CISWI. Concurrently with publishing the final amendments for the NSPS described in Item 11, EPA published similar amendments to the Emission Guidelines. As noted for adoption of the NSPS, the Commission is now proposing adoption of these amendments because EPA’s reconsiderations and the litigation of the amended Emission Guidelines were recently resolved. The updated Emission Guidelines affect existing CISWI that commenced construction after November 30, 1999, but no later than June 4, 2010, or that commenced reconstruction or modification on or after June 1, 2001, but no later than August 7, 2013. Background: The chronology, final amendments, court actions, and rule requirements for the federal Emission Guidelines for CISWI (Subpart DDDD) are the same as those described above in Item 11 for the NSPS (Subpart CCCC), with the exception of the applicability dates for affected units and the compliance deadlines. The applicability dates denoting “existing units” are described at the end of the preceding paragraph. The compliance deadline for existing CISWI under the Emission Guidelines, if adopted into the Iowa Administrative Code, is February 7, 2018. The final federal amendments to Subpart DDDD published on June 23, 2016, are not subject to further petitions for reconsideration or judicial review. Consequently, the Commission is proposing to adopt by reference the federal amendments to the Emission Guidelines for CISWI, as finalized and currently in effect, that occurred from March 21, 2011, through June 23, 2016. If the Commission does not adopt the Emission Guidelines for CISWI, EPA will impose a Federal Plan and affected CISWI will still be required to comply with the same requirements specified in the Emission Guidelines by February 7, 2018, as implemented and enforced by EPA. Affected facilities: The Department is currently aware of nine facilities that are subject or potentially subject to the Emission Guidelines. However, only one facility has definitively indicated that it will continue to combust solid waste after February 7, 2018. The other facilities either have idled the affected units, are considering ceasing the burning of solid waste, or may permanently decommission the affected units. Test Methods (Amendments throughout Part 60) The amendment in Item 14 adopts the changes EPA made to the Part 60 test methods, as explained in the description above for Item 1, which are applicable to the Emission Guidelines adopted in subrule 23.1(5). The federal amendments are adopted by reference through revision of the adoption date specified in the introductory paragraph of subrule 23.1(5). Item 15 amends subrule 25.1(9) to adopt the revised federal methods for emissions testing and monitoring, as described above for Item 1. The updates will make certain that only current federal test methods are used to demonstrate compliance with permit conditions and that required test methods are no more stringent than federal methods. Item 16 amends rule 567—25.2(455B) to adopt federal updates for monitoring methods under the Acid Rain Program, as noted above for Item 1. This update ensures that state air quality rules for testing and monitoring are consistent and match federal regulations. Item 17 amends paragraph 30.4(2)“b” to update the provisions for Title V emissions fees and documentation to eliminate the requirement that specific forms be submitted with the fees and to instead state that the fees shall be submitted on forms specified by the Department. The revision is consistent with the changes proposed in Item 8 for submitting emissions inventory forms and provides needed flexibility for the Department to streamline the fee and form submittal methods. Item 18 amends the introductory paragraph of rule 567—33.1(455B) to reflect recent changes that EPA made to the federal requirements for the PSD program. The specific changes are set forth in Items 19, 20 and 21. Item 19 amends subrule 33.3(1) to update the definition of “volatile organic compounds” in the same manner as describe above for Item 1. Item 20 amends subrule 33.3(17) to revise the public participation requirements for the PSD program. The changes reflect updates to federal regulations that EPA finalized on October 18, 2016, to allow for posting of the public comment period on a website identified by the permitting authority (the Department). EPA’s revisions also require that permitting authorities be consistent in the method of providing public notice, although other means to provide adequate notice may be used if necessary. To reflect EPA’s changes, this amendment specifies that the Department will provide public notice by posting on a public website identified by the Department, while using other means if necessary to ensure adequate notice to the affected public. Item 21 amends subrule 33.3(22) to allow for rescission of PSD permits to match changes that EPA made on October 18, 2016, to the public notice requirements in 40 CFR 52.21 as explained above in the description of Item 20. Item 22 rescinds rules 567—34.200(455B) to 567—34.229(455B), which include Table 1A, Table 1B, Table 2A and Table 2B, to reflect EPA’s rescission of the Clean Air Interstate Rule (CAIR). EPA replaced the federal CAIR regulations that were adopted by reference in Chapter 34 with the Cross States Air Pollution Rule (CSAPR) promulgated in 40 CFR 52.38 through 52.39 and 40 CFR Part 97. (The rescission of the CAIR provisions is explained in 40 CFR 51.123(ff) and 51.124(s).) Because CSAPR is primarily implemented by EPA, CSAPR in Iowa will be implemented through a federal implementation plan (FIP) rather than through a state-developed SIP. Anyone may make written suggestions or comments on the proposed amendments no later than 4:30 p.m. on January 22, 2018. Written comments should be directed to Christine Paulson, Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319; fax (515)725-9501; or by email to Christine.Paulson@dnr.iowa.gov. The Department will hold a public hearing on Monday, January 22, 2018, at 1 p.m. at the Department’s offices located at the Wallace State Office Building at 502 East 9th Street, Des Moines, Iowa. (Upon arrival to the Wallace Building, attendees should proceed to the fourth floor to check in at the DNR reception desk to receive a visitor’s badge and be directed to the hearing location.) Any person who intends to attend the public hearing and has special requirements, such as those related to hearing or mobility impairments, should contact Christine Paulson at (515)725-9510 or by email at Christine.Paulson@dnr.iowa.gov to advise of specific needs. Jobs Impact Statement The following is a summary of the jobs impact statement. The complete jobs impact statement is available from the Department upon request. After analysis and review of this rule making, the Commission has determined that the amendments specified in Items 1 through 10 and 15 through 22 will have either a positive or neutral impact on private sector jobs. These amendments rescind unnecessary rules, update other rules, and streamline the rules to provide regulatory certainty and, in some cases, regulatory relief. These amendments also implement a portion of the Department’s five-year review of rules plan as required under Iowa Code section 17A.7(2). Additionally, most of these amendments make changes that match federal regulations and eliminate inconsistencies between federal regulations and state rules. By adopting federal updates into state rules, the Commission is ensuring that Iowa’s air quality rules are no more stringent than federal regulations. For the amendments specified in Items 11, 12, 13 and 14, the Commission has determined that there may be fiscal impacts to Iowa businesses. However, the amendments are only implementing federally mandated regulations. The amendments are identical to the federal regulations and would not impose any regulations on Iowa businesses not already required by federal law. In some cases, the revised federal standards being adopted provide more flexibility and potential cost savings for affected businesses, offering a positive impact on private sector jobs. Further, the amendments allow the Department, rather than EPA, to be the primary agency to implement the standards in Iowa, thereby allowing the Department to provide compliance assistance to affected facilities. These amendments are intended to implement Iowa Code section 455B.133. The following amendments are proposed.
- Performance test (stack test). A stack test shall be conducted according to EPA reference methods specified in 40 CFR 51, Appendix M (as amended through April 2, 2014August 30, 2016); 40 CFR 60, Appendix A (as amended through February 27, 2014August 30, 2016); 40 CFR 61, Appendix B (as amended through February 27, 2014August 30, 2016); and 40 CFR 63, Appendix A (as amended through February 27, 2014August 30, 2016).
- Continuous monitoring systems. Minimum performance specifications and quality assurance procedures for performance evaluations of continuous monitoring systems are as specified in 40 CFR 60, Appendix B (as amended through February 27, 2014August 30, 2016); 40 CFR 60, Appendix F (as amended through February 27, 2014August 30, 2016); 40 CFR 75, Appendix A (as amended through January 18, 2012August 30, 2016); 40 CFR 75, Appendix B (as amended through March 28, 2011August 30, 2016); and 40 CFR 75, Appendix F (as amended through January 18, 2012August 30, 2016).
- 2 pounds per year of lead and lead compounds expressed as lead (40 pounds per year of lead or lead compounds for equipment for which initiation of construction, installation, reconstruction, or alteration (as defined in rule 567—20.2(455B)) occurred on or before October 23, 2013);
- 5 tons per year of sulfur dioxide;
- 5 tons per year of nitrogen oxides;
- 5 tons per year of volatile organic compounds;
- 5 tons per year of carbon monoxide;
- 5 tons per year of particulate matter (particulate matter as defined in 40 CFR Part 51.100(pp));
- 2.5 tons per year of PM 10 ;
- 0.52 tons per year of PM 2.5 (does not apply to equipment for which initationinitiation of construction, installation, reconstruction, or alteration (as defined in rule 567—20.2(455B)) occurred on or before October 23, 2013); orand
- 5 tons per year of hazardous air pollutants (as defined in rule 567—22.100(455B)).
- Performance test (stack test). A stack test shall be conducted according to EPA reference methods specified in 40 CFR 51, Appendix M (as amended through April 2, 2014August 30, 2016); 40 CFR 60, Appendix A (as amended through February 27, 2014August 30, 2016); 40 CFR 61, Appendix B (as amended through February 27, 2014August 30, 2016); and 40 CFR 63, Appendix A (as amended through February 27, 2014August 30, 2016).
- Continuous monitoring systems. Minimum performance specifications and quality assurance procedures for performance evaluations of continuous monitoring systems are as specified in 40 CFR 60, Appendix B (as amended through February 27, 2014August 30, 2016); 40 CFR 60, Appendix F (as amended through February 27, 2014August 30, 2016); 40 CFR 75, Appendix A (as amended through January 18, 2012August 30, 2016); 40 CFR 75, Appendix B (as amended through March 28, 2011August 30, 2016); and 40 CFR 75, Appendix F (as amended through January 18, 2012August 30, 2016).
- The designated facility to which the emission guidelines apply is each existing MSW landfill for which construction, reconstruction or modification was commenced before May 30, 1991.
- Physical or operational changes made to an existing MSW landfill solely to comply with an emission guideline are not considered a modification or reconstruction and would not subject an existing MSW landfill to the requirements of 40 CFR Part 60, Subpart WWW (40 CFR 60.750).
- For MSW landfills subject to rule 567—22.101(455B) only because of applicability to subparagraph 23.1(5)“a”(2), the following apply for obtaining and maintaining a Title V operating permit under 567—22.104(455B):
- MSW landfill emissions at each MSW landfill meeting the conditions below shall be controlled. A design capacity report must be submitted to the director by November 18, 1997.
- The planning and installation of a collection and control system shall meet the conditions provided in 40 CFR 60.752(b)(2) at each MSW landfill meeting the conditions in 23.1(5)“a”(3)“1.”
- MSW landfill emissions collected through the use of control devices must meet the following requirements, except as provided in 40 CFR 60.24 after approval by the Director and U.S. Environmental Protection Agency.
- The calculation of the landfill NMOC emission rate listed in 40 CFR 60.754, as applicable, to determine whether the landfill meets the condition in 23.1(5)“a”(3)“3”;
- The operational standards in 40 CFR 60.753;
- The compliance provisions in 40 CFR 60.755; and
- The monitoring provisions in 40 CFR 60.756.
- Except as provided for under 23.1(5)“a”(6)“2,” planning, awarding of contracts, and installation of MSW landfill air emission collection and control equipment capable of meeting the emission guidelines established under 23.1(5)“a”(3) shall be accomplished within 30 months after the date the initial NMOC emission rate report shows NMOC emissions greater than or equal to 50 megagrams per year.
- For each existing MSW landfill meeting the conditions in 23.1(5)“a”(3)“1” whose NMOC emission rate is less than 50 megagrams per year on August 20, 1997, installation of collection and control systems capable of meeting emission guidelines in 23.1(5)“a”(3) shall be accomplished within 30 months of the date when the condition in 23.1(5)“a”(3)“1” is met (i.e., the date of the first annual nonmethane organic compounds emission rate which equals or exceeds 50 megagrams per year).
- Prepare a new draft permit, appropriately modified;
- Prepare a revised fact sheet;
- Prepare a revised fact sheet and reopen the public comment period; or
- Reopen or extend the public comment period to provide interested persons an opportunity to comment on the comments submitted.
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, the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 73, “Managed Care,” Iowa Administrative Code. These proposed amendments update the Iowa Administrative Code to reflect revised federal standards for the resolution of appeals to managed care organizations (MCOs).
Any interested person may make written comments on the proposed amendments on or before January 9, 2018. 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). 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. The following amendments are proposed.
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 217.6 and 2017 Iowa Acts, House File 547, the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 119, “Record Check Evaluations for Certain Employers and Educational Training Programs,” Iowa Administrative Code. This proposed amendment adds a new element to the definition of “requesting entity.” The change is required in relation to federal legislation requiring background checks on any employee with access to federal tax information used for Department purposes. The Department may conduct background checks and subsequently conduct evaluations on employees who have access to federal tax information pursuant to Iowa Code section 217.45. The record check evaluation unit will complete the evaluations upon an employee’s hire and again every ten years. The Department will defer to the employee handbook for requirements related to reporting allegations of an employee’s being a perpetrator of abuse or an employee’s alleged criminal charges between the initial date of hire and the ten-year background check. Any interested person may make written comments on the proposed amendment on or before January 9, 2018. 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. 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 217.6 and 2017 Iowa Acts, House File 547. The following amendment is proposed.
ITEM 1. Amend rule 441—119.1(135B,135C), definition of “Requesting entity,” as follows: "Requesting entity" means an entity covered by these rules that is requesting an evaluation to determine if the person being evaluated can be employed by the entity or participate in an educational training program and includes the following:- Health care facilities as defined in Iowa Code section 135C.1.
- Programs in which the provider is regulated by the state or receives any state or federal funding and the employee being evaluated provides direct services to consumers including but not limited to programs that employ homemakers or home health aides, programs that provide adult day services, hospices, federal home- and community-based services waiver providers, elder group homes, and assisted living programs.
- Substance abuse programs for juveniles as described in Iowa Code section 125.14A.
- Hospitals as defined in Iowa Code section 135B.1.
- Psychiatric medical institutions for children as defined in Iowa Code section 135H.1.
- The department as described in Iowa Code section 217.44.
- Department institutions as defined in Iowa Code section 218.13.
- Child foster care facilities as defined in Iowa Code section 237.1.
- Medicaid home- and community-based services waiver providers as defined in Iowa Code section 249A.29.
- Certified nurse aide training programs as defined in Iowa Code section 135C.33(8).
- Nursing training programs as described in Iowa Code chapter 152.
- The department as described in Iowa Code section 217.45.
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 89A.3, the Elevator Safety Board hereby gives Notice of Intended Action to amend Chapter 71, “Administration of the Conveyance Safety Program,” Chapter 72, “Conveyances Installed On or After January 1, 1975,” and Chapter 73, “Conveyances Installed Prior to January 1, 1975,” Iowa Administrative Code. Items 1, 2, and 3 are the result of a petition for rule making filed with the Elevator Safety Board by a representative of the wind tower industry. The proposed amendments would eliminate obsolete language and reduce expenses for the wind tower industry while maintaining safety. Items 4 through 7 propose to update codes adopted by reference to the most current national safety standards. These amendments would facilitate installation of the most modern equipment in Iowa. The purposes of these amendments are to protect the health and safety of the public, update the rules, reduce compliance costs, and implement legislative intent. If requested in accordance with Iowa Code section 17A.4(1)“b” by the close of business on January 9, 2018, a public hearing will be held on January 10, 2018, at 1:30 p.m. at 150 Des Moines St., Des Moines, Iowa. Interested persons will be given the opportunity to make oral statements and file documents concerning the proposed amendments. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should call (515)725-5615 in advance to arrange access or other needed services. Written data, views, or arguments to be considered in adoption shall be submitted no later than January 10, 2018, to Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209. Comments may be sent electronically to kathleen.uehling@iwd.iowa.gov. No variance procedures are included in this rule. Applicable variance procedures are set forth in 875—Chapter 66. After analysis and review of this rule making, no adverse impact on jobs is expected. These amendments are intended to implement Iowa Code chapter 89A. The following amendments are proposed.
ITEM 1. Amend paragraph 71.11(3)"a" as follows: a. The labor commissioner’s designee shall inspect altered conveyances, construction elevators, CPHs, previously dormant conveyances being returned to service, wind tower lifts exempted from ASME A17.1 by rule 875—72.12(89A), relocated conveyances, and new conveyances. ITEM 2. Amend subrule 71.11(4) as follows: 71.11(4) Inspection standards. Inspections shall be performed in accordance with applicable safety codes or documents such as: a. CCD; b. ASME A17.1, Sections 8.10 and 8.11, except Section 8.11.1.1; c. ANSI A10.4-2007; d. Rule 875—72.12(89A) for wind tower lifts exempted from ASME A17.1 by rule 875—72.12(89A); or e. d. ASME A18.1. ITEM 3. Amend paragraph 71.14(1)"b", introductory paragraph, as follows: b. Category 1 safety tests of wind turbine tower elevators shall be conducted after two years of operation, and category 5 safety tests of wind turbine tower elevators shall be performed after ten years of operation. Safety tests shall be made on allother conveyances pursuant to the schedules and procedures set forth in: ITEM 4. Amend subrule 72.1(10), introductory paragraph, as follows: 72.1(10) For installations on or afterbetween January 14, 2015, and January 24, 2018: ITEM 5. Adopt the following new subrule 72.1(11): 72.1(11) For installations on or after January 24, 2018: a. ASME A17.1 shall mean ASME A17.1-2016/CSA B44-16; b. ASME A17.7 shall mean ASME A17.7-2012/CSA B44.7-12; c. ASME A17.8 shall mean ASME A17.8-2016/CSA B44.8-16; d. ASME A18.1 shall mean ASME A18.1 (2014), except Chapters 4, 5, 6, and 7; e. ANSI A117.1 shall mean ANSI A117.1 (2017), except for requirement 407.4.7.1.2; and f. ANSI/NFPA 70 shall mean ANSI/NFPA 70 (2016). ITEM 6. Amend subrule 72.13(2) as follows: 72.13(2) Exemption for button renumbering. All maintenance, repairs and alterations to devices covered by ANSI A117.1 shall comply with ANSI A117.1 (2003), except for Rule 407.4.6.2.2(2017), except for requirement 407.4.7.1.2. ITEM 7. Amend subrule 73.8(2) as follows: 73.8(2) Exemption for button numbering. All maintenance, repairs and alterations to devices covered by ANSI A117.1 shall comply with ANSI A117.1 (2003), except for Rule 407.4.6.2.2(2017), except for requirement 407.4.7.1.2.ARC 3504CLabor Services Division[875]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 section 89.14, the Boiler and Pressure Vessel Board hereby gives Notice of Intended Action to amend Chapter 81, “Waivers or Variances from Administrative Rules by the Boiler and Pressure Vessel Board,” Chapter 82, “Boiler and Pressure Vessel Board Petitions for Rule Making,” Chapter 83, “Declaratory Orders by the Boiler and Pressure Vessel Board,” Chapter 84, “Contested Cases Before the Boiler and Pressure Vessel Board,” Chapter 85, “Public Records and Fair Information Practices of the Boiler and Pressure Vessel Board,” Chapter 90, “Administration of the Boiler and Pressure Vessel Program,” Chapter 91, “General Requirements for All Objects,” and Chapter 93, “Miniature Power Boilers Installed Prior to September 20, 2006,” Iowa Administrative Code. Pursuant to Iowa Code subsection 89.14(7), the Boiler and Pressure Vessel Board is required to review all administrative rules adopted by the Board every three years. The proposed amendments in this Notice of Intended Action are a result of that review. Several of the amendments update contact information. The amendment in Item 9 more clearly sets forth the applicable code for miniature power boilers installed prior to September 20, 2006. The purposes of these amendments are to update obsolete provisions, make the rules more clear, protect the safety of the public, and implement legislative intent. If requested in accordance with Iowa Code section 17A.4(1)“b” by the close of business on January 9, 2018, a public hearing will be held on January 10, 2018, at 10:30 a.m. at 150 Des Moines Street, Des Moines, Iowa. Interested persons will be given the opportunity to make oral statements and file documents concerning the proposed amendments. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should call (515)725-5615 in advance to arrange access or other needed services. Written data, views, or arguments to be considered in adoption shall be submitted by interested persons no later than January 10, 2018, to the Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209. Comments may be sent electronically to kathleen.uehling@iwd.iowa.gov. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapter 89. The following amendments are proposed.
ITEM 1. Amend rule 875—81.5(17A,89), introductory paragraph, as follows:875—81.5(17A,89) Content of petition. The required form for a petition for waiver or variance is available on the board’s Web sitewebsite at http://www.iowaworkforce.org/labor/boilerboard.htmiowaboilers.gov. A petition for waiver shall include the following information where applicable and known to the petitioner: ITEM 2. Amend rule 875—82.1(17A,89), introductory paragraph, as follows:875—82.1(17A,89) Petitions for rule making. Any person or agency may file a petition for rule making with the board requesting the adoption, amendment or repeal of a rule. The required form for a petition for rule making is available on the board’s Web sitewebsite at http://www.iowaworkforce.org/labor/boilerboard.htmiowaboilers.gov. The petition shall be filed at the location specified in rule 875—80.5(89). A petition is deemed filed when it is received by the board office. The board office shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the board an extra copy for this purpose. The petition must be in writing and provide the following information where applicable and known to the petitioner: ITEM 3. Amend subrule 83.1(1), introductory paragraph, as follows: 83.1(1) The required form for a petition for declaratory order is available on the board’s Web sitewebsite at http://www.iowaworkforce.org/labor/boilerboard.htmiowaboilers.gov. The petition must be in writing and provide the following information where applicable and known to the petitioner: ITEM 4. Amend subrule 84.1(1), introductory paragraph, as follows: 84.1(1) A petition for reconsideration shall be in writing and must be signed by the requesting party or a representative of that party. The required form for a petition for reconsideration is available on the board’s Web sitewebsite at http://www.iowaworkforce.org/labor/boilerboard.htmiowaboilers.gov. A petition for reconsideration shall specify: ITEM 5. Amend subrule 85.3(1) as follows: 85.3(1) Location of recordAddress. A request for access to a record should be directed to the board at theThe board’s mailing address is Boiler and Pressure Vessel Board, Department of Workforce Development, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319.The board’s staff is located at 150 Des Moines Street, Des Moines, Iowa. ITEM 6. Amend paragraph 90.15(1)"a", introductory paragraph, as follows: a. The owner shall provide to the labor commissioner written notice of intent to convert a power boiler to a low-pressure boiler prior to conversion. The required form for a notice of conversion is available at http://www.iowaworkforce.org/labor/boiler_inspection_.htmiowaboilers.gov. At a minimum the notice shall contain the following: ITEM 7. Rescind and reserve subrule 91.1(2). ITEM 8. Amend paragraph 91.13(3)"b" as follows: b. Existing objects.An adequate supply of combustion air shall be maintained for all objects while in operation. Compliance with the current edition of NFPA 31, NFPA 54, NFPA 58, NFPA 85, or IMC as adopted at rule 875—91.1(89) or with subrule 91.13(4) constitutes compliance with this rule. Compliance with an earlier edition of NFPA 31, NFPA 54, NFPA 58, NFPA 85, or IMC constitutes compliance with this rule. However, compliance with one of the listed NFPA codes constitutes compliance with this rule only if the object burns the fuel covered by the NFPA. Compliance with an earlier version of Iowa’s combustion air rule constitutes compliance with this rule. Earlier versions of Iowa’s combustion air rule are available for reference at http://www.iowaworkforce.org/labor/boiler_inspection_.htmfrom the board’s staff upon request. ITEM 9. Amend rule 875—93.2(89) as follows:875—93.2(89) CodesCode adopted by reference. The codes listed in 875—Chapter 91current edition of the National Board Inspection Code adopted by reference in rule 875—91.1(89) shall apply to objects covered by this chapter.ARC 3506CPharmacy Board[657]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 section 147.76, the Board of Pharmacy hereby gives Notice of Intended Action to amend Chapter 1, “Purpose and Organization,” Chapter 3, “Pharmacy Technicians,” Chapter 4, “Pharmacist-Interns,” Chapter 5, “Pharmacy Support Persons,” Chapter 10, “Controlled Substances,” Chapter 17, “Wholesale Drug Licenses,” Chapter 19, “Nonresident Pharmacy Practice,” and Chapter 41, “Outsourcing Facilities,” Iowa Administrative Code. These amendments were approved at the November 1, 2017, regular meeting of the Board of Pharmacy. During the 2017 Legislative Session of the 87th General Assembly, 2017 Iowa Acts, chapter 145, section 23, repealed Iowa Code chapter 124A relating to imitation controlled substances. These proposed amendments strike references in Board rules to the repealed Iowa Code chapter. Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on January 19, 2018. Such written materials may be sent to Terry Witkowski, Executive Officer, Iowa Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688; or by email at terry.witkowski@iowa.gov. Requests for waiver or variance of the discretionary provisions of Board rules will be considered pursuant to 657—Chapter 34. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement 2017 Iowa Acts, chapter 145, section 23. The following amendments are proposed.
ITEM 1. Amend rule 657—1.2(17A,147,272C) as follows:657—1.2(17A,147,272C) Description and organization of board. The board is comprised of five pharmacist members and two representatives of the general public, all appointed by the governor. An administrative staff headed by a board-appointed executive director assists board members.The board’s authority for regulating the practice of pharmacy and the legal distribution and dispensing of prescription drugs and devices and of precursor substances in the state of Iowa is found in Iowa Code chapters 124, 124A,124B, 126, 147, 155A, 205, and 272C. ITEM 2. Amend rule 657—3.29(155A) as follows:657—3.29(155A) Denial of registration. The executive director or designee may deny an application for registration as a certified pharmacy technician or pharmacy technician trainee for any violation of the laws of this state, another state, or the United States relating to prescription drugs, controlled substances, or nonprescription drugs or for any violation of Iowa Code chapter 124, 124A,124B, 126, 147, 155A, or 205 or any rule of the board.An individual whose application for registration as a certified pharmacy technician or pharmacy technician trainee is denied pursuant to this rule may, within 30 days after issuance of the notice of denial, appeal to the board for reconsideration of the application. ITEM 3. Amend subrule 3.30(1) as follows: 3.30(1) Violations. The board may impose discipline for any violation of the laws of this state, another state, or the United States relating to prescription drugs, controlled substances, or nonprescription drugs, or for any violation of Iowa Code chapter 124, 124A,124B, 126, 147, 155A, or 205 or any rule of the board. ITEM 4. Amend rule 657—4.10(155A) as follows:657—4.10(155A) Denial of pharmacist-intern registration. The board may deny an application for registration as a pharmacist-intern for any violation of the laws of this state, another state, or the United States relating to prescription drugs, controlled substances, or nonprescription drugs, or for any violation of Iowa Code chapter 124, 124A,124B, 126, 147, 155A or 205, or any rule of the board. ITEM 5. Amend subrule 4.11(1) as follows: 4.11(1) Grounds for discipline. The board may impose discipline for any violation of the laws of this state, another state, or the United States relating to prescription drugs, controlled substances, or nonprescription drugs or for any violation of Iowa Code chapter 124, 124A,124B, 126, 147, 155A, or 205, or any rule of the board. ITEM 6. Amend rule 657—5.24(155A) as follows:657—5.24(155A) Denial of registration. The board may deny an application for registration as a pharmacy support person for any violation of the laws of this state, another state, or the United States relating to prescription drugs, controlled substances, or nonprescription drugs or for any violation of Iowa Code chapter 124, 124A,124B, 126, 147, 155A, or 205 or any rule of the board. ITEM 7. Amend subrule 5.26(1) as follows: 5.26(1) Violations. The board may impose discipline for any violation of the laws of this state, another state, or the United States relating to prescription drugs, controlled substances, or nonprescription drugs or for any violation of Iowa Code chapter 124, 124A,124B, 126, 147, 155A, or 205 or any rule of the board. ITEM 8. Amend rule 657—10.44(124) as follows:657—10.44(124) Discipline. Pursuant to 657—Chapter 36, the board may fine, suspend, revoke, or impose other disciplinary sanctions on a registration for any of the following:- Any violation of the federal Food, Drug, and Cosmetic Act or federal regulations promulgated under the Act.
- Any conviction of a crime related to controlled substances committed by the registrant, or if the registrant is an association, joint stock company, partnership, or corporation, by any managing officer.
- Refusing access to the registered location or registrant records to an agent of the board for the purpose of conducting an inspection or investigation.
- Failure to maintain registration pursuant to 657—Chapter 10.
- Any violation of Iowa Code chapterschapter124, 124A,124B, 126, 155A, or 205, or any rule of the board, including the disciplinary grounds set forth in 657—Chapter 36.
- Any violation of the Federal Food, Drug, and Cosmetic Act or federal regulations promulgated under the Act. A warning letter issued by the FDA shall be conclusive evidence of a violation.
- Any conviction of a crime related to prescription drugs or the practice of pharmacy committed by the nonresident pharmacy, pharmacist in charge, or individual owner, or if the pharmacy is an association, joint stock company, partnership, or corporation, by any managing officer.
- Refusal of access to the pharmacy or pharmacy records to an agent of the board for the purpose of conducting an inspection or investigation.
- Employing or continuing to employ a pharmacist in charge without a current and active registration pursuant to rule 657—19.3(155A).
- Any violation of Iowa Code chapter 124, 124A,124B, 126, 155A, or 205 or any rule of the board.
- Any violation of the Federal Food, Drug, and Cosmetic Act or federal regulations promulgated under the Act. A warning letter issued by the FDA shall be conclusive evidence of a violation.
- Any conviction of a crime related to prescription drugs or the practice of pharmacy committed by the outsourcing facility, supervising pharmacist, or individual owner, or if the outsourcing facility is an association, joint stock company, partnership, or corporation, by any managing officer.
- Refusing access to the outsourcing facility or facility records to an agent of the board for the purpose of conducting an inspection or investigation.
- Failure to maintain licensure pursuant to 657—Chapter 8 or 657—Chapter 19 when dispensing compounded drugs pursuant to patient-specific prescriptions into the state.
- Any violation of Iowa Code chapter 155A, 124, 124A,124B, 126, or 205 or any rule of the board, including the disciplinary grounds set forth in 657—Chapter 36.
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 147.76, the Board of Pharmacy hereby gives Notice of Intended Action to amend Chapter 4, “Pharmacist-Interns,” Chapter 8, “Universal Practice Standards,” Chapter 13, “Telepharmacy Practice,” Chapter 18, “Centralized Prescription Filling and Processing,” and Chapter 19, “Nonresident Pharmacy Practice,” and to adopt new Chapter 39, “Expanded Practice Standards,” Iowa Administrative Code. The proposed amendments were approved at the November 1, 2017, regular meeting of the Board of Pharmacy. Pursuant to Iowa Code section 17A.7(2), the Board has engaged in a complete review of all administrative rules. The proposed amendments create a new chapter for rules relating to some areas of pharmacy practice that are not required of all pharmacies, such as provision of immunizations or participation in collaborative practice agreements, but for which the Board has established minimum practice standards. The purpose of moving these rules to a separate chapter is to narrow the scope of Chapter 8 to those minimum standards that are required of every pharmacy licensed in Iowa. The proposed amendments clarify rules where needed, reorganize rules where appropriate, remove a pharmacy’s requirement to maintain a refrigerator when the pharmacy does not handle refrigerated items, incorporate language to implement two pieces of legislation from the 2017 Legislative Session (regarding electronic prescriptions and biological products), increase to quarterly the frequency of pharmacy review of its continuous quality improvement (CQI) program data, update licensure renewal language to be consistent with other Board action, and generalize language for collaborative practice agreements to allow for agreements with other prescribing practitioners as allowed by the prescribing practitioner’s professional licensing authority. Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on January 19, 2018. Such written materials may be sent to Terry Witkowski, Executive Officer, Iowa Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688; or by email at terry.witkowski@iowa.gov. Requests for waiver or variance of the discretionary provisions of Board rules will be considered pursuant to 657—Chapter 34. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code sections 124.101, 124.301, 124.306, 124.308, 126.10, 126.11, 126.16, 135C.33, 147.7, 147.55, 147.72, 147.74, 147.76, 147A.18, 155A.2 through 155A.4, 155A.6, 155A.10, 155A.12 through 155A.15, 155A.19, 155A.20, 155A.27 through 155A.29, 155A.32, 155A.33, and 155A.44. The following amendments are proposed.
ITEM 1. Amend paragraph 4.6(2)"d" as follows: d. Administration of vaccines pursuant to rule 657—8.33(155A)657—39.10(155A). ITEM 2. Amend rule 657—8.1(155A) as follows:657—8.1(155A) Purpose and scope. Thepurpose of this chapter is to establish the minimum standards of pharmacy practice for the activities identified in this chapter. The requirements of these rulesshall apply to all Iowa-licensed pharmacists, other registered pharmacy personnel, and to all pharmacies, including owners, providing the services addressed in this chapter to patients in Iowa and. These rules are in addition to rules of the board relating to specific types of pharmacy licenses issued by the boardunless otherwise indicated by rule. ITEM 3. Rescind rule 657—8.2(155A) and adopt the following new rule in lieu thereof:657—8.2(155A) Definitions. For the purpose of this chapter, the following definitions shall apply: "Board" means the Iowa board of pharmacy. "Confidential information" means information accessed or maintained by the pharmacy in the patient’s or the pharmacy’s records which contains personally identifiable information that could be used to identify the patient. “Confidential information” includes but is not limited to patient name, address, telephone number, and social security number; prescriber name and address; and prescription and drug or device information such as therapeutic effect, diagnosis, allergies, disease state, pharmaceutical services rendered, medical information, and drug interactions. "DEA" means the United States Department of Justice, Drug Enforcement Administration. "Pharmacy support person" or “PSP” means a person, other than a member of the professional pharmacy staff, registered with the board who may perform nontechnical duties assigned by a supervising pharmacist under the pharmacist’s responsibility and supervision. "Professional pharmacy staff" shall mean the professional employees of the pharmacy, including pharmacists, pharmacy technicians, and pharmacist-interns. This rule is intended to implement Iowa Code chapter 155A. ITEM 4. Amend rule 657—8.3(155A) as follows:657—8.3(155A) Responsible parties. 8.3(1) Pharmacist in charge. One professionally competent, legally qualified pharmacist in charge in each pharmacy shall work cooperatively with the pharmacy, by and through its owner or license holder, and with all staff pharmacists to ensure the legal operation of the pharmacy, including meeting all inspection and other requirements of state and federal laws, rules, and regulations governing the practice of pharmacy. A part-time pharmacist in charge has the same obligations and responsibilities as a full-time pharmacist in charge. 8.3(2) Pharmacy. Each pharmacy, by and through its owner or license holder, shall work cooperatively with the pharmacist in charge and with all staff pharmacists to ensure the legal operation of the pharmacy, including meeting all inspection and other requirements of state and federal laws, rules, and regulations governing the practice of pharmacy. The pharmacy, by and through its owner or license holder, shall be responsible for employing a professionally competent, legally qualified pharmacist in charge.The pharmacy, by and through its owner or license holder, may be held responsible for unethical conduct or practices of any of the pharmacy staff. 8.3(3) Pharmacy and pharmacist in charge. The pharmacist in charge and the pharmacy, by and through its owner or license holder, shall share responsibility for, at a minimum, the following: a. Ensuring that the pharmacy employs an adequate number of qualified personnel commensurate with the size and scope of services provided by the pharmacy. b. Ensuring the availability of any equipment and references necessary for the particular practice of pharmacy. c. Ensuring that there is adequate space within the prescription department or a locked room not accessible to the public for the storage of prescription drugs, including controlled substances, devices, and pharmacy records, and to support the operations of the pharmacy. d. Ensuring that the license, registration, or certification of each professional pharmacy staff member and the registration of each pharmacy support person are maintained in current and active status. 8.3(4) Pharmacist in charge and staff pharmacists. The pharmacist in charge and staff pharmacists shall share responsibility for, at a minimum, the following: a. Ensuring that a pharmacist performs prospective drug use review as specified in rule 657—8.21(155A). b. Ensuring that a pharmacistor pharmacist-intern provides patient counseling as specified in rule 657—6.14(155A). c. Dispensing drugs to patients, including the packaging, preparation, compounding, and labeling functions performed by pharmacy personnel. d. Delivering drugs to the patient or the patient’s agent. e. Ensuring that patient medication records are maintained as specified in rule 657—6.13(155A). f. Training and supervising pharmacist-interns, pharmacy technicians, pharmacy support persons, and other pharmacy employees. g. Procuring and storing prescription drugs and devices and other products dispensed from the pharmacy. h. Distributing and disposing of drugs from the pharmacy. i. Maintaining records of all transactions of the pharmacy necessary to maintain accurate control over and accountability for all drugs as required by applicable state and federal laws, rules, and regulations. j. Ensuring the legal operation of the pharmacy, including meeting all inspection and other requirements of state and federal laws, rules, and regulations governing the practice of pharmacy. 8.3(5) Pharmacy, pharmacist in charge, and staff pharmacists. The pharmacy, by and through its owner or license holder, the pharmacist in charge, and all staff pharmacists shall share responsibility for, at a minimum, the following: a. Establishing and periodically reviewing (by the pharmacy and the pharmacist in charge), implementing (by the pharmacist in charge), and complying (by the pharmacist in charge and staff pharmacists) with policies and procedures for all operations of the pharmacy. The policies and procedures shall identify the frequency of review. b. Establishing and maintaining effective controls against the theft or diversion of prescription drugs, including controlled substances, and records for such drugs. c. Establishing (by the pharmacy and the pharmacist in charge), implementing (by the pharmacist in charge), and utilizing (by the pharmacist in charge and staff pharmacists) an ongoing, systematic program of continuous quality improvement for achieving performance enhancement and ensuring the quality of pharmaceutical services. 8.3(6) Practice functions. The pharmacist is responsible for all functions performed in the practice of pharmacy. The pharmacist maintains responsibility for any and all delegated functions including functions delegated to pharmacist-interns, pharmacy technicians, and pharmacy support persons. 8.3(7) Pharmacist-documented verification. The pharmacist shall provide, document, and retain a record of the final verification for the accuracy, validity, completeness, and appropriateness of the patient’s prescription or medication order prior to the delivery of the medication to the patient or the patient’s representative. ITEM 5. Amend rule 657—8.4(155A) as follows:657—8.4(155A) Pharmacist identification and staff logs. 8.4(1) Display of pharmacist license. During any period thea pharmacist is working in a pharmacy, each pharmacist shall display, in a position visible to the public, an original license to practice pharmacyin Iowa. A current license renewal certificate, which may be a photocopy of an original renewal certificate, shall be displayed with the original license. 8.4(2) Registration maintained of pharmacy personnel. Each pharmacist-intern, pharmacy technician, and pharmacy support person shall maintain current registration with the board. The registration certificate or a copy of the registration certificate shall be maintained in each pharmacy where the individual is practicing. 8.(2) 8.4(3) Identification codes. A permanent log of the initials or identification codescode identifying by name each dispensing pharmacist, pharmacist-intern, pharmacy technician, and pharmacy support person shall be maintained for a minimum of two years and shall be available for inspection and copying by the board or its representative. The initials or identification code shall be unique to the individual to ensure that each pharmacist, pharmacist-intern, pharmacy technician, and pharmacy support person can be identified. 8.(3) 8.4(4) Temporary or intermittent pharmacy staff. The pharmacy shall maintain a log of all pharmacists, pharmacist-interns, pharmacy technicians, and pharmacy support persons who have worked at that pharmacy and who are not regularly staffed at that pharmacy. Such log shall include the dates and shifts worked by each pharmacist, pharmacist-intern, pharmacy technician, and pharmacy support person and shall be available for inspection and copying by the board or its representative for a minimum of two years following the date of the entry. 8.(4) 8.4(5) Identification badge. A pharmacistWhile on duty, pharmacy personnel shall wear a visible identification badge while on duty that clearly identifies the person as a pharmacistby licensed or registered title and includes at least the pharmacist’sthe person’s first name. ITEM 6. Amend rule 657—8.5(155A) as follows:657—8.5(155A) Environment and equipment requirements. There shall be adequate space, equipment, and supplies for the professional and administrative functions of the pharmacy pursuant to rule 657—8.3(155A). Space and equipment in an amount and type to provide secure, environmentally controlled storage of drugs shall be available. 8.5(1) Refrigeration. The pharmacy shall maintain one or more refrigeration units, unless the pharmacy does not stock refrigerated items. Thepharmacy shall document verification that the temperature of the refrigerator shall beis maintained within a range compatible with the proper storage of drugs requiring refrigeration, and a thermometer shall be maintained in the refrigerator to verify the temperature.If the temperature is manually or visually verified, a record of minimum daily verification shall be maintained. 8.5(2) Sink. The pharmacy shall have a sink with hot and cold running water located within the pharmacy department and available to all pharmacy personnel; the sink shall be maintained in a sanitary condition. 8.5(3) Secure barrier. A pharmacy department shall be closed and secured in the absence of the pharmacist except as provided in rule 657—6.7(124,155A) or 657—7.6(124,155A). To ensure that secure closure, the pharmacy department shall be surrounded by a physical barrier capable of being securely locked to prevent entry when the department is closed. A secure barrier may be constructed of other than a solid material with a continuous surface if the openings in the material are not large enough to permit removal of items from the pharmacy department by any means. Any material used in the construction of the barrier shall be of sufficient strength and thickness that it cannot be readily or easily removed, penetrated, or bent. The plans and specifications of the barrier shall be submitted to the board for approval at least 30 days prior to the start of construction. The pharmacy may be subject to inspection as provided in subrule 8.5(4). 8.5(4) Remodel or relocation—inspection. A pharmacy planning to remodel or relocate a licensed pharmacy department on or within the premises currently occupied by the pharmacy department, or a pharmacy intending to remodel or install a sterile compounding facility or equipment, shall provide written notification to the board at least 30 days prior to commencement of the remodel, pharmacy relocation, or sterile compounding installation. The board may require on-site inspection of the facility, equipment, or pharmacy department prior to or during the pharmacy’s remodel, relocation, or opening. The board may also require on-site inspection of a temporary pharmacy location intended to be utilized during the remodel, construction, or relocation of the pharmacy department. 8.5(5) Orderly and clean. The pharmacy shall be arranged in an orderly fashion and kept clean. All required equipment shall be in good operating condition and maintained in a sanitary manner. Animals shall not be allowed within a licensed pharmacy unless that pharmacy is exclusively providing services for the treatment of animals or unless the animal is a service dog or assistive animal as defined in Iowa Code subsection 216C.11(1). 8.5(6) Light, ventilation, temperature, and humidity. The pharmacy shall be properly lighted and ventilated. The temperature and humidity of the pharmacy shall be maintained within a range compatible with the proper storage of drugs. 8.5(7) Other equipment. The pharmacist in charge and the pharmacy, by and through its owner or license holder, shall share the responsibility for ensuring the availability of any other equipment necessary for the particular practice of pharmacy and to meet the needs of the patients served by the pharmacy. 8.5(8) Bulk counting machines. Unless bar-code scanning is required and utilized to verify the identity of each stock container of drugs utilized to restock a counting machine cell or bin, a pharmacist shall verify the accuracy of the drugs to be restocked prior to filling the counting machine cell or bin. A record identifying the individual who verified the drugs to be restocked, the individual who restocked the counting machine cell or bin, and the date shall be maintained. Established policies and procedures shall include a method to calibrate and verify the accuracy of the counting device. The pharmacy shall, at least quarterly, verify the accuracy of the device and maintain a dated record identifying the individual who performed the quarterly verification. 8.5(9) Authorized collection program. A pharmacy that is registered with the United States Department of Justice, Drug Enforcement Administration,DEA to administer an authorized collection program shall provide adequate space, equipment, and supplies for such collection program pursuant to 657—Chapter 10 and federal regulations for authorized collection programs, which can be found at http://deadiversion.usdoj.gov/drug_disposal/. 8.5(10) Health of personnel. The pharmacist in charge or supervising pharmacist shall ensure that pharmacy personnel experiencing any health condition that may have an adverse effect on drug products or may pose a health or safety risk to others be prohibited from working in the pharmacy until such health condition is sufficiently resolved. All personnel who normally assist the pharmacist shall report to the pharmacist any health conditions that may have an adverse effect on drug products or may pose a health or safety risk to others. ITEM 7. Rescind and reserve rule 657—8.6(155A). ITEM 8. Amend rule 657—8.7(155A) as follows:657—8.7(155A) Procurement, storage, and recall of drugs and devices. 8.7(1) Source. Procurement of prescription drugs and devices shall be from a drug wholesaler licensed by the board to distribute to Iowa pharmaciesan Iowa-licensed distributor or, on a limited basis, from another licensed pharmacy or licensed practitioner located in the United States. 8.7(2) Sufficient stock. A pharmacy shall maintain sufficient stock of drugs and devices to fulfill the foreseeable needs of the patients served by the pharmacy. 8.(3) 8.7(2) Manner of storage. Drugs and devices shall be stored in a manner to protect their identity and integrity. 8.(4) 8.7(3) Storage temperatures. All drugs and devices shall be stored at the proper temperatureas provided in manufacturer labeling. In the absence of a specific temperature range, as defined by the following termsshall be used to determine appropriate storage temperatures: a. "Controlled room temperature" means temperature maintained thermostatically between 1520 degrees and 3025 degrees Celsius (5968 degrees and 8677 degrees Fahrenheit); b. "Cool" means temperature between 8 degrees and 15 degrees Celsius (46 degrees and 59 degrees Fahrenheit). Drugs and devices may be stored in a refrigerator unless otherwise specified on the labeling; c. "Refrigerate" means temperature maintained thermostatically between 2 degrees and 8 degrees Celsius (36 degrees and 46 degrees Fahrenheit); and d. "Freeze" means temperature maintained thermostatically between -20-25 degrees and -10 degrees Celsius (-4-13 degrees and 14 degrees Fahrenheit). 8.(5) 8.7(4) Product recall. There shall be a system for removing from use, including unit dose, any drugs and devices subjected to a product recall. 8.7(5) Outdated drugs or devices. Any drug or device bearing an expiration date shall not be dispensed for use beyond the expiration date of the drug or device. Outdated drugs or devices shall be removed from dispensing stock and shall be quarantined until such drugs or devices are properly disposed of. 8.7(6) Records. All pharmacies shall maintain supplier invoices of prescription drugs and controlled substances upon which the actual date of receipt of the drugs by the pharmacist or other responsible individual is clearly recorded. All pharmacies shall maintain supplier credit memos. Pharmacy records of invoices and credit memos shall be maintained for at least two years from the date of the record. If the original supplier invoice or credit memo is received electronically, a hard copy record is not required. ITEM 9. Rescind and reserve rule 657—8.8(124,155A). ITEM 10. Amend rule 657—8.9(124,155A) as follows:657—8.9(124,155A) Recordsstorage. Every inventory or other record required to be maintained by a pharmacy pursuant to board rules or Iowa Code chapters 124 and 155A shall be maintained and be available for inspection and copying by the board or its representative for at least two years from the date of such inventory or recordor the date of last activity on the record unless a longer retention period is specified for the particular record or inventory. Original hard-copy prescription and other pharmacy records more than 12 months old may be maintained in a secure storage area outside the licensed pharmacy department unless such remote storage is prohibited under federal law. A remote storage area shall be located within the same physical structure containing the licensed pharmacy department. The following records shall be maintained for at least two years. 8.9(1) Drug supplier invoicesRecords less than 12 months old. All pharmacies shall maintain supplier invoices of prescription drugs and controlled substances upon which the actual date of receipt of the controlled substances by the pharmacist or other responsible individual is clearly recorded.Records shall be maintained within the licensed pharmacy department for a minimum of 12 months, except as provided herein. Pharmacy records less than 12 months old may be stored in a secure storage area outside the licensed pharmacy department, including at a remote location, if the pharmacy has retained electronic copies of the records in the pharmacy that are immediately available and if the original records are available within 48 hours of a request by the board or its authorized agent, unless such remote storage is prohibited under federal law. 8.9(2) Drug supplier creditsRecords more than 12 months old. All pharmacies shall maintain supplier credit memos for controlled substances and prescription drugs.Records more than 12 months old may be maintained in a secure storage area outside the licensed pharmacy department, including at a remote location, if the records are retrievable within 48 hours of a request by the board or its authorized agent, unless such remote storage is prohibited under federal law. ITEM 11. Amend rule 657—8.11(147,155A) as follows:657—8.11(147,155A) Unethical conduct or practice. The provisions of this rule apply to licensed pharmacies, licensed pharmacists, registered pharmacy technicians, registered pharmacy support persons, and registered pharmacist-interns. 8.11(1) Misrepresentative deeds. Apharmacy, pharmacist, technician, support person, or pharmacist-intern shall not make any statement intended to deceive, misrepresent or mislead anyone, or be a party to or an accessory to any fraudulent or deceitful practice or transaction in pharmacy or in the operation or conduct of a pharmacy. 8.11(2) Undue influenceUnethical conduct. a. A pharmacist shall not accept professional employment or share or receive compensation in any form arising out of, or incidental to, the pharmacist’s professional activities from a prescriber of prescription drugs or any other person or corporation in which one or more such prescribers have a proprietary or beneficial interest sufficient to permit them to directly or indirectly exercise supervision or control over the pharmacist in the pharmacist’s professional responsibilities and duties or over the pharmacy wherein the pharmacist practices.A pharmacy, pharmacist, pharmacist-intern, technician, or support person shall not participate in any of the following types of unethical conduct: (1) Any activity that negates a patient’s freedom of choice of pharmacy services. (2) Providing prescription blanks or forms bearing the pharmacy’s name or other means of identification to any person authorized to prescribe, except that a hospital may make prescription blanks or forms bearing the hospital pharmacy’s name or other means of identification available to hospital staff prescribers, emergency department prescribers, and prescribers granted hospital privileges for the prescribers’ use during practice at or in the hospital. (3) Any financial arrangement or transaction that would violate federal healthcare fraud, waste, and abuse laws, including but not limited to the Stark Law, the False Claims Act, and the Anti-Kickback Statute. b. A prescriber may employ a pharmacist to provide nondispensing, drug information, or other cognitive services.A purchasing pharmacist or pharmacy shall not engage in any activity or include in any agreement with a selling pharmacist or pharmacy any provision that would prevent or prohibit the prior notifications required in subrule 8.35(7). 8.11(3) Lease agreements. A pharmacist shall not lease space for a pharmacy under any of the following conditions: a. From a prescriber of prescription drugs or a group, corporation, association, or organization of such prescribers on a percentage of income basis; b. From a group, corporation, association, or organization in which prescribers have majority control or have directly or indirectly a majority beneficial or proprietary interest on a percentage of income basis; or c. If the rent is not reasonable according to commonly accepted standards of the community in which the pharmacy will be located. 8.11(4) Nonconformance with law. A pharmacist, technician, support person, or pharmacist-intern shall not knowingly serve in a pharmacy which is not operated in conformance with law, or which engages in any practice which if engaged in by a pharmacist would be unethical conduct. 8.11(5) Freedom of choice/solicitation/kickbacks/fee-splitting and imprinted prescription blanks or forms. A pharmacist or pharmacy shall not enter into any agreement which negates a patient’s freedom of choice of pharmacy services. A purchasing pharmacist or pharmacy shall not engage in any activity or include in any agreement with a selling pharmacist or pharmacy any provision that would prevent or prohibit the prior notifications required in subrule 8.35(7). A pharmacist or pharmacy shall not participate in prohibited agreements with any person in exchange for recommending, promoting, accepting, or promising to accept the professional pharmaceutical services of any pharmacist or pharmacy. “Person” includes an individual, corporation, partnership, association, firm, or other entity. “Prohibited agreements” includes an agreement or arrangement that provides premiums, “kickbacks,” fee-splitting, or special charges as compensation or inducement for placement of business or solicitation of patronage with any pharmacist or pharmacy. “Kickbacks” includes, but is not limited to, the provision of medication carts, facsimile machines, any other equipment, or preprinted forms or supplies for the exclusive use of a facility or practitioner at no charge or billed below reasonable market rate. A pharmacist shall not provide, cause to be provided, or offer to provide to any person authorized to prescribe prescription blanks or forms bearing the pharmacist’s or pharmacy’s name, address, or other means of identification, except that a hospital may make available to hospital staff prescribers, emergency department prescribers, and prescribers granted hospital privileges for the prescribers’ use during practice at or in the hospital generic prescription blanks or forms bearing the name, address, or telephone number of the hospital pharmacy. 8.(6) 8.11(3) Discrimination. It is unethical to unlawfullyA pharmacy, pharmacist, pharmacist-intern, technician, or pharmacy support person shall not discriminate between patients or groups of patients for reasons of religion, race, creed, color, gender, gender identity, sexual orientation, marital status, age, national origin, physical or mental disability, or disease state when providing pharmaceutical services. 8.11(7) Claims of professional superiority. A pharmacist shall not make a claim, assertion, or inference of professional superiority in the practice of pharmacy which cannot be substantiated, or claim an unusual, unsubstantiated capacity to supply a drug or professional service to the community. 8.(8) 8.11(4) Unprofessional conduct or behavior. Apharmacy, pharmacist, pharmacist-intern, technician, or pharmacy support person shall not exhibitengage in unprofessional behavior in connection with the practice of pharmacy or refuse to provide reasonable information or answer reasonable questions for the benefit of the patient. Unprofessional behavior shall include, but not be limited to, the following acts: verbal abuse, coercion, intimidation, harassment, sexual advances, threats, degradation of character, indecent or obscene conduct, and theft, and the refusal to provide reasonable information or answer reasonable questions for the benefit of the patient. ITEM 12. Amend rule 657—8.12(126,147) as follows:657—8.12(126,147) Advertising. Prescription drug price and nonprice information, including price, may be provided to the public by a pharmacy so long as the information is not false or misleading and is not in violation of any federal or state laws applicable to the advertisement of such articles generally and if all of the following conditions are met:- All charges for services to the consumer mustshall be stated.
- The effective dates for the prices listed shall be stated.
- No reference shall be made to controlled substances listed in Schedules II through V of the latest revision of the Iowa uniform controlled substances Act and the rules of the Iowa board of pharmacy.
- Overutilization or underutilization;
- Therapeutic duplication;
- Drug-disease contraindications;
- Drug-drug interactions;
- Incorrect drug dosage or duration of drug treatment;
- Drug-allergy interactions;
- Clinical abuse/misuse;
- Drug-prescriber contraindications.
- Persons who have successfully completed a medication administration course.
- Licensed pharmacists.
- Graduation from a recognized school or college of pharmacy with a doctor of pharmacy (Pharm.D.) degree;
- Certification by the Board of Pharmaceutical Specialties (BPS);
- Certification by the Commission for Certification in Geriatric Pharmacy (CCGP);
- Successful completion of a National Institute for Standards in Pharmacist Credentialing (NISPC) disease state management examination and credentialing by the NISPC;
- Successful completion of a pharmacy residency program accredited by the American Society of Health-System Pharmacists (ASHP); or
- Approval by the board of pharmacy.
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 147.76, the Board of Pharmacy hereby gives Notice of Intended Action to amend Chapter 10, “Controlled Substances,” and Chapter 23, “Long-Term Care Pharmacy Practice,” Iowa Administrative Code. The proposed amendments were approved at the November 1, 2017, regular meeting of the Board of Pharmacy. Pursuant to Iowa Code section 17A.7(2), the Board has conducted an overall review of Chapter 23 of the Board’s administrative rules. The proposed amendments to the chapter update language for consistency, remove redundant rules, combine and condense rules where appropriate, and clarify prescription requirements for controlled substances to be consistent with federal regulations. The proposed amendment to Chapter 10 updates a cross reference. Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on January 19, 2018. Such written materials may be sent to Terry Witkowski, Executive Officer, Iowa Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688; or by email at terry.witkowski@iowa.gov. Requests for waiver or variance of the discretionary provisions of Board rules will be considered pursuant to 657—Chapter 34. As this rule making neither removes nor creates new requirements for pharmacies, no impact on jobs is anticipated. These amendments are intended to implement Iowa Code sections 124.301, 124.306, 124.308, 155A.2, 155A.13, 155A.15, 155A.21, 155A.27, 155A.28, 155A.33, 155A.35, and 155A.36. The following amendments are proposed.
ITEM 1. Amend rule 657—10.28(124) as follows:657—10.28(124) Schedule II medication order. Schedule II controlled substances may be administered or dispensed to institutionalized patients pursuant to a medication order as provided in 657—subrule 7.13(1) or rule 657—23.18(124,155A)657—23.9(124,155A), as applicable. ITEM 2. Amend 657—Chapter 23, title, as follows:LONG-TERM CAREFACILITY PHARMACY PRACTICE ITEM 3. Rescind rule 657—23.1(155A) and adopt the following new rule in lieu thereof:657—23.1(155A) Purpose and scope. The purpose of this chapter is to identify the minimum standards for licensed pharmacies in this state providing pharmacy services to care facilities. ITEM 4. Rescind rule 657—23.2(124,155A) and adopt the following new rule in lieu thereof:657—23.2(155A) Definitions. For the purposes of this chapter, the following definitions shall apply: "Authorized collection program" means a program administered by a registrant that has modified its registration with DEA to collect controlled substances for the purpose of disposal. Federal regulations for such programs can be found at deadiversion.usdoj.gov/drug_disposal. "Care facility " "facility" means:- A facility licensed by the Iowa department of inspections and appeals under Iowa Code chapter 135C or 135H;
- A hospital-based long-term care unit certified under 42 CFR, Part 483, Subpart B;
- An inpatient hospice certified under 42 CFR, Part 418;
- A group living facility wherein health care-related services are provided by the facility; or
- A health care facility registered with the board under Iowa Code chapter 124.
- ProvidingDispensing drugs pursuant to a medication order for an individual resident,that are properly labeled for that resident, as addressed in rule 657—22.1(155A) or 657—23.13(124,155A)and packaged in a manner consistent with the facility’s established drug delivery system and in compliance with applicable board rules for the drug delivery system.
- Dispensing drugs for residents of long-term care facilities consistent with the drug distribution system described in the facility’s policies and procedures.
- 3Affixing labels to each container of drugs for residents in long-term care facilities, in compliance with rule 657—22.1(155A),657—Chapter 22 or rule 657—6.10(126,155A),657—23.13(124,155A), or 657—23.14(124,155A).
- 4Maintaining records of all transactions of the long-term care pharmacy as may be required by law and maintaining accurate control over and accountability for all drugs and prescription devices.
- 5Complying with a drug recall procedure, established pursuant to rule 657—8.3(155A), that protects the health and safety of residents including immediate discontinuation of any recalled drug or device and subsequent notification of the prescriber and director of nursing of the facility.
- 6Providing 24-hour emergency service either directly or by contract with another pharmacy.
- 7Reviewing patient profiles to ensure the appropriateness of therapy for that resident and the compatibility of the drug and dosage for that resident when processing new medication orders.Conducting prospective drug use review pursuant to rule 657—8.21(155A) and subrule 23.5(1).
- 8Providing sufficient and accurate information to facility staff regarding the appropriate administration and use of all dispensed drugs and devices.
- 9Communicating with the consultant pharmacist and the facilitystaff regarding concerns and resolution thereof.
- Methods used to dispense and deliver drugs and devices to the facility in a timely fashion;.
- Proper notification to the facility when a drug or device is not readily available;.
- Proper labeling requirements to meet the needs of the facility and which are consistent with state and federal laws and regulations;.
- Appropriate drug destruction or return of unused drugs, or both, consistent with state and federal laws and regulations.
- An automatic stop order policy to ensure that drug orders are not continued inappropriately.
- Methods to ensure that all discontinued, outdated, deteriorated, or improperly labeled drugs and all containers with worn, illegible or missing labels are disposed of so as to render them unusable and protected from unauthorized possession or use.
- a. Name of drug;
- b. Dose;
- c. Name of ordering prescriber;
- d. Name of resident;
- e. Date and time of administration to resident;
- f. Identification of individual administering;
- g. Documentation of destruction, return to the pharmacy, or other disposition of all unused portions of single doses including the signatures of two individuals, at least one of whom is a licensed health care professional.
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 124.301, 124.552, and 147.76, the Board of Pharmacy hereby gives Notice of Intended Action to amend Chapter 10, “Controlled Substances,” and Chapter 37, “Iowa Prescription Monitoring Program,” Iowa Administrative Code. These proposed amendments were approved at the November 1, 2017, regular meeting of the Board of Pharmacy. During the 2017 Legislative Session, the Iowa Legislature passed and the Governor signed 2017 Iowa Acts, chapters 152 and 162. 2017 Iowa Acts, chapter 162, requires the Board to adopt rules to administer new Iowa Code section 124.201A, which relates to cannabidiol investigational products and which requires the Board to reschedule a cannabidiol product upon being approved by FDA and rescheduled by DEA. 2017 Iowa Acts, chapter 152, allows the Board to provide information from the drug prescribing and dispensing information program (Iowa Prescription Monitoring Program) to a medical examiner investigator recognized by the State Medical Examiner’s office when the information relates to an investigation being conducted by the medical examiner or investigator. The proposed amendments also increase the frequency of a dispenser’s reporting of controlled substance dispensing to the Iowa Prescription Monitoring Program (PMP) from “at least weekly” to “the next business day following dispensing.” The amendments increase the frequency of such reporting to provide prescribers and pharmacists more timely information when utilizing the data in their prescribing and dispensing decision making. Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on January 19, 2018. Such written materials may be sent to Terry Witkowski, Executive Officer, Iowa Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688; or by email to terry.witkowski@iowa.gov. Requests for waiver or variance of the discretionary provisions of Board rules will be considered pursuant to 657—Chapter 34. After analysis and review of this rule making, no impact on jobs is anticipated. These amendments are intended to implement 2017 Iowa Acts, chapters 152 and 162, and Iowa Code section 124.552. The following amendments are proposed.
ITEM 1. Adopt the following new subrule 10.38(3): 10.38(3) Cannabidiol investigational product. If a cannabidiol investigational product approved as a prescription drug medication by the United States Food and Drug Administration is eliminated from or revised in the federal schedule of controlled substances by the DEA and notice of the elimination or revision is given to the board, the board shall similarly eliminate or revise the prescription drug medication in the schedule of controlled substances. Such action by the board shall be immediately effective upon the date of publication of the final regulation containing the elimination or revision in the Federal Register. ITEM 2. Amend subrule 37.3(3) as follows: 37.3(3) Reporting periods. A record of each reportable prescription dispensed shall be submitted by each dispenser at least weeklyno later than the next business day following dispensing. Records may be submitted with greater frequency than required by this subrule. Records of reportable prescriptions dispensed between Sunday and Saturday each week shall be submitted no later than the following Wednesday. However, a pharmacy that is currently submitting prescription dispensing records to another state’s PMP on an alternative weekly reporting schedule may request authority to submit records to the Iowa PMP pursuant to that established schedule. The request shall be submitted in writing via e-mail, fax, or regular mail to the PMP administrator. The request shall identify the pharmacy by name, address, and Iowa pharmacy license number and shall define the alternative reporting period and the reason for the requested alternative reporting period. The PMP administrator is hereby authorized to approve or deny the pharmacy’s alternative weekly reporting schedule. ITEM 3. Adopt the following new subrule 37.4(9): 37.4(9) Medical examiner or medical examiner investigator. A medical examiner or medical examiner investigator may obtain PMP information when the information requested by the examiner or investigator relates to an investigation being conducted by the examiner or investigator.ARC 3507CPharmacy Board[657]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 section 147.76, the Board of Pharmacy hereby gives Notice of Intended Action to amend Chapter 11, “Drugs in Emergency Medical Service Programs,” Iowa Administrative Code. This amendment was approved at the November 1, 2017, regular meeting of the Board of Pharmacy. In recent rule making by the Board, emergency medical service programs were required to obtain registration with the Board under the Iowa Uniform Controlled Substances Act (CSA) as well as with the Drug Enforcement Administration (DEA). The Board has learned recently that DEA does not currently have a registration category for such service programs in Iowa, leaving service programs unable to comply with the Board rule as it currently exists. This proposed amendment would remove the requirement that service programs obtain DEA registration. Any interested person may present written comments, data, views, and arguments on the proposed amendment not later than 4:30 p.m. on January 19, 2018. Such written materials may be sent to Terry Witkowski, Executive Officer, Iowa Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688; or by email at terry.witkowski@iowa.gov. Requests for waiver or variance of the discretionary provisions of Board rules will be considered pursuant to 657—Chapter 34. After analysis and review of this rule making, the impact on jobs cannot be determined. The cost to a service program of a DEA registration would have been in excess of $700 for a three-year registration and will be avoided for the approximately 100 service programs to which this rule applies. This amendment is intended to implement Iowa Code section 124.301. The following amendment is proposed.
ITEM 1. Amend subrule 11.3(1) as follows: 11.3(1) Medical director-based service program. In a medical director-based service program, CSA and DEA registrations shall be obtained for each primary program sitein the name of the medical director. CSA and DEA registrations shall be obtained prior to procurement of any controlled substances for use in the service program. Separate registrations for program substations shall not be required. In a medical director-based service program, thea CSA and DEA registrationsregistration shallalso be issuedobtained in the name of the service program, shall secondarily name the medical director, and shall be issued for the address of the service program’s primary program site.ARC 3508CPharmacy Board[657]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 section 147.76, the Board of Pharmacy hereby gives Notice of Intended Action to amend Chapter 13, “Telepharmacy Practice,” Iowa Administrative Code. This amendment was approved at the November 1, 2017, regular meeting of the Board of Pharmacy. This proposed amendment would allow a telepharmacy to utilize the services of a delivery driver when that individual is registered as a pharmacy support person. The proposed amendment would only authorize the individual to engage in delivery activities and not in the entirety of other nontechnical functions for which a pharmacy support person is authorized. Any interested person may present written comments, data, views, and arguments on the proposed amendment not later than 4:30 p.m. on January 19, 2018. Such written materials may be sent to Terry Witkowski, Executive Officer, Iowa Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688; or by email at terry.witkowski@iowa.gov. Requests for waiver or variance of the discretionary provisions of Board rules will be considered pursuant to 657—Chapter 34. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code sections 155A.6B and 155A.13. The following amendment is proposed.
ITEM 1. Amend subrule 13.8(7) as follows: 13.8(7) Prohibited activities. In the physical absence of a pharmacist, the following activities are prohibited: a. Practice of pharmacist-interns or pharmacy support persons at the telepharmacy site, except that a pharmacy support person may deliver prescriptions to patients outside the telepharmacy site but may not engage in prescription delivery or any other activities at the telepharmacy site. b. Advising patients regarding over-the-counter products unless that advice is communicated directly by a pharmacist to the patient. c. Dispensing or delivering prescription medications packaged by a technician into patient med paks unless an on-site pharmacist has verified the drugs in the patient med paks. d. Tech-check-tech practice. e. Compounding, unless an on-site pharmacist has verified the accuracy and completeness of the compounded drug product. f. All judgmental activities identified in rule 657—3.23(155A) that a pharmacy technician is prohibited from performing in the practice of pharmacy. ARC 3512CPharmacy Board[657]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 section 147.76, the Board of Pharmacy hereby gives Notice of Intended Action to amend Chapter 18, “Centralized Prescription Filling and Processing,” Iowa Administrative Code. These proposed amendments were approved at the November 1, 2017, regular meeting of the Board of Pharmacy. Pursuant to Iowa Code section 17A.7(2), the Board has completed an overall review of this chapter of administrative rules. The proposed amendments clarify records requirements and update language to be consistent with other Board rules. The proposed amendments would remove the implication that central fill pharmacies can only enter into agreements with pharmacies that are in good standing. The proposed amendments also remove redundancies in rules that exist in other applicable chapters of Board rules. Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on January 19, 2018. Such written materials may be sent to Terry Witkowski, Executive Officer, Iowa Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688; or by email at terry.witkowski@iowa.gov. Requests for waiver or variance of the discretionary provisions of Board rules will be considered pursuant to 657—Chapter 34. After analysis and review of this rule making, no impact on jobs is anticipated. These amendments are intended to implement Iowa Code sections 124.301, 124.306, 124.308, 155A.13, and 155A.28. The following amendments are proposed.
ITEM 1. Amend rule 657—18.3(155A) as follows:657—18.3(155A) General requirements. 18.3(1) Essential qualifications. An originating pharmacy may outsource prescription drug filling to a central fill pharmacy or prescription drug order processing to a central processing pharmacy provided the pharmacies: a. Have the same owner or have entered into a written contract or agreement, which is available for inspection and copying by the board or its authorized agent, that outlines the services to be provided and the responsibilities and accountabilities of each pharmacy in compliance with federal and state laws, rules, and regulations; and b. Share a common electronic file or have appropriate technology to allow access to sufficient information necessary or required to perform the contracted functions. 18.3(2) Legal compliance. An originating pharmacy, a central fill pharmacy, and a central processing pharmacy shall comply with all provisions applicable to the pharmacy contained in federal and state laws, rules, and regulations to the extent applicable for the specific filling or processing activity and these rules, including but not limited to the following: a. Each pharmacy located within Iowa shall maintain Iowa pharmacy licensure and, if the pharmacy dispenses controlled substances, the pharmacy shall maintain DEA and Iowa controlled substances registrations. b. Each pharmacy located outside Iowa shall maintain Iowa nonresident pharmacy licensure in addition to the licensure requirements of the pharmacy’s home state. c. Each pharmacist providing centralized prescription drug order processing or filling functions as an employee or agent of a central processing or central fill pharmacy located within Iowa shall maintain active licensure to practice pharmacy in Iowa. d. Pharmacies shall comply with Iowa board rules relating to the duties that must be performed by a pharmacist. e. Pharmacies shall comply with Iowa requirements for supervision of pharmacy technicians and pharmacy support persons. 18.3(3) Originating pharmacy responsibility. Except as specifically provided by this subrule, the originating pharmacy shall be responsible for all dispensing functions as the term “dispense” is defined in rule 657—18.2(155A). An originating pharmacy contracting only for centralized filling shall retain responsibility for all processing functions, and an originating pharmacy contracting only for centralized processing shall retain responsibility for all filling functions. a. A mail order pharmacy engaged in the centralized filling of prescription drug orders may deliver a filled prescription directly to the patient and shall not be required to return the filled prescription to the originating pharmacy. b. A central fill or a central processing pharmacy that shares a common central processing unit with the originating pharmacy may perform prospective drug use review (DUR) pursuant to rule 657—8.21(155A). Only a pharmacist shall perform the DUR; the, and such review shall not be delegated to a pharmacy technician, registered nurse, or other pharmacy support person. The pharmacist performing the DUR shall document in the shared patient record all concerns, recommendations, observations, and comments resulting from that review. The pharmacist at the originating pharmacy shall utilize the DUR notes in counseling the patient pursuant to rule 657—6.14(155A). 18.3(4) Central fill label requirements. The label affixed to the prescription container filled by a central fill pharmacy on behalf of an originating pharmacy shall include the following: a. A unique identifier indicating that the prescription was filled at the central fill pharmacy; b. Serial number (a unique identification number of the prescription) as assigned by the originating pharmacy; c. The name, address, and telephone number of the originating pharmacy; d. The name of the patient or, if such drug is prescribed for an animal, the species of the animal and the name of its owner; e. The name of the prescribing practitioner; f. The date the prescription is filled by the central fill pharmacy; g. The directions or instructions for use, including precautions to be observed; h. Unless otherwise directed by the prescriber, the name, strength, and quantity of the drug dispensed. (1) If a pharmacist selects an equivalent drug product for a brand name drug product prescribed by a practitioner, the prescription container label shall identify the generic drug and may identify the brand name drug for which the selection is made, such as “(generic name) Generic for (brand name product)”. (2) If a pharmacist selects a brand name drug product for a generic drug product prescribed by a practitioner, the prescription container label shall identify the brand name drug product dispensed and may identify the generic drug product ordered by the prescriber, such as “(brand name product) for (generic name)”; i. The initials or other unique identification of the pharmacist in the originating pharmacy who performed drug use review and transmitted the prescription drug order to the central fill pharmacy. ITEM 2. Amend subrule 18.5(2) as follows: 18.5(2) Exception. The provisions of this rule do not apply to a patient in a facility, such as a hospital or long-term care facility, where Iowa law requires that drugs be administered to the patient by a health care professional. ITEM 3. Amend rule 657—18.10(155A) as follows:657—18.10(155A) Policy and procedures. Manual maintained. Pursuant to rule 657—8.3(155A), a policy and procedure manual relating to centralized filling or centralized processing activities shall be maintained at all pharmacies involved in centralized filling or centralized processing and shall be available for inspection and copying by the board or anits authorized agent of the board.Manual contents. The manual shall:- a. Outline the responsibilities of each of the pharmacies;
- b. Include a list of the names, addresses, telephone numbers, and all license and registration numbers of the pharmacies involved in centralized filling or centralized processing;and
- d. Include, but not necessarily be limited to, policies and procedures for:
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 147.76, the Board of Pharmacy hereby gives Notice of Intended Action to amend Chapter 22, “Unit Dose, Alternative Packaging, and Emergency Boxes,” Iowa Administrative Code. This amendment was approved at the November 1, 2017, regular meeting of the Board of Pharmacy. Patients within the Veterans Administration (VA) health care system are limited in where they may obtain their prescriptions drugs under the VA benefit, and VA pharmacies do not provide prescription drugs in unit dose drug distribution systems, which are usually required in care facilities. This amendment proposes to adopt a new rule that would allow pharmacies to repackage prescription drugs originally dispensed by a VA pharmacy for a patient residing in a care facility. In the care facility, drug security and accountability are better provided when drugs are packaged in unit dose drug distribution systems. This proposed rule identifies the minimum standard for such repackaging activities. Any interested person may present written comments, data, views, and arguments on the proposed amendment not later than 4:30 p.m. on January 19, 2018. Such written materials may be sent to Terry Witkowski, Executive Officer, Iowa Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688; or by email at terry.witkowski@iowa.gov. Requests for waiver or variance of the discretionary provisions of Board rules will be considered pursuant to 657—Chapter 34. After analysis and review of this rule making, no impact on jobs is anticipated. This amendment is intended to implement Iowa Code sections 124.301, 126.11, 155A.13, 155A.28, 155A.35, and 155A.36. The following amendment is proposed.
ITEM 1. Adopt the following new rule 657—22.6(124,126,155A):657—22.6(124,126,155A) Repackaging of VA medications. A pharmacy may repackage, for a specific patient residing in a care facility as defined in 657—Chapter 23, a supply of medications originally dispensed by a Veterans Administration (VA) pharmacy. A pharmacy that repackages VA medications for a patient residing in a care facility assumes liability for such service unless liability is waived by the patient or the patient’s caregiver. 22.6(1) Labeling. In addition to the labeling requirements of 657—subrule 6.10(1), rule 657—22.1(155A), or rule 657—22.5(126,155A), the labeling of medication pursuant to this rule shall include an appropriate beyond-use date. 22.6(2) Record. In addition to the record-keeping requirements of 657—subrule 8.3(7) or rule 657—22.5(126,155A), the pharmacy shall create and maintain a record that includes at a minimum: a. Name, address, and telephone number of the VA pharmacy which dispensed the medication; and b. The prescription number or unique identification assigned to the medication dispensed by the VA pharmacy. This rule is intended to implement Iowa Code sections 124.301, 126.11, 155A.13, 155A.28, 155A.35, and 155A.36.ARC 3519CPublic Health Department[641]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 section 135.131 and 2017 Iowa Acts, Senate File 51, the Iowa Department of Public Health hereby gives Notice of Intended Action to amend Chapter 3, “Early Hearing Detection and Intervention (EHDI) Program,” Iowa Administrative Code. Infants born to mothers infected with cytomegalovirus (CMV) during pregnancy may develop a congenital CMV infection, which may lead to hearing loss or other serious complications. The proposed amendments add definitions for “congenital cytomegalovirus” and “cytomegalovirus,” add testing for CMV to the rule that outlines the procedure to accommodate parental objection, and outline the procedure for documentation of parental refusal of newborn testing for CMV. Any interested person may make written comments or suggestions on the proposed amendments on or before January 9, 2018. Such written comments should be directed to Kimberly Piper, Bureau of Family Health, Department of Public Health, 321 East 12th Street, Des Moines, Iowa 50319. Comments may be sent by email to kimberly.piper@idph.iowa.gov. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 135.131 and 2017 Iowa Acts, Senate File 51. The following amendments are proposed.
ITEM 1. Adopt the following new definitions of “Congenital cytomegalovirus” and “Cytomegalovirus” in rule 641—3.1(135): "Congenital cytomegalovirus" "cCMV" means an infection where cytomegalovirus is transmitted to the fetus in the prenatal period. "Cytomegalovirus" "CMV" means a kind of herpes virus that usually produces very mild symptoms in an infected person but may cause severe neurological damage in a person with a weakened immune system and in a newborn. ITEM 2. Amend rule 641—3.2(135) as follows:641—3.2(135) Purpose. The overall purpose of this chapter is to establish administrative rules in accordance with Iowa Code section 135.131 relative to the following:- Universal hearing screening of all newborns and infants in Iowa.
- Facilitating the transfer of data to the department to enhance the capacity of agencies and practitioners to provide services to children and their families.
- Establishing procedures for infants who were not screened or do not pass their initial hearing screening to receive appropriate follow-up to determine if the infants have normal hearing or have hearing loss.
- Establishing the procedure for distribution of funds to support the purchase of hearing aids and audiologic services for children.
- Establishing the procedure for documentation of parent refusal of newborn testing for congenital cytomegalovirus.
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 17A.4 and 2017 Iowa Acts, Senate File 516, section 23, the Secretary of State hereby gives Notice of Intended Action to amend Chapter 2, “Rules of Practice,” Iowa Administrative Code. This proposed amendment is necessary because the General Assembly has enacted 2017 Iowa Acts, Senate File 516. The Secretary of State has determined that as a result of this newly enacted law, the following amendment is necessary to fund the Technology Modernization Fund within the Secretary of State’s office. Previously, ARC 3467C (IAB 11/22/17) made updates to various chapters under the Secretary of State’s administrative rules, including rule 721—2.3(631) and Chapters 30 and 40. This amendment will harmonize the language found in subrule 2.3(5) for fee increases with the sunset and limiting provisions adopted in ARC 3467C. Any interested person may make written suggestions or comments on the proposed amendment on or before January 9, 2018. Written suggestions or comments should be directed to Eric R. Gookin, Legal Counsel, Office of the Secretary of State, First Floor, Lucas State Office Building, Des Moines, Iowa 50319; or by email to eric.gookin@sos.iowa.gov. Persons who want to convey their views orally or who want to request the opportunity to make a public presentation in regard to this amendment should contact the Secretary of State’s office by telephone at (515)281-0145 or in person at the Secretary of State’s office on the first floor of the Lucas State Office Building. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement 2017 Iowa Acts, Senate File 516, section 23. The following amendment is proposed.
ITEM 1. Amend rule 721—2.3(631) as follows:721—2.3(9,631) Payment for services. The secretary of state may approve accounts to be used for the payment of services provided by the secretary of state. A user of a service provided by the secretary of state may make payment for the service by authorizing a charge to be made upon an account held by the user. 2.3(1) The secretary of state may prescribe and furnish forms for the purpose of authorizing a charge to be made upon an account. The secretary of state may refuse to charge an account for service requested without the appropriate form. 2.3(2) Application for account. Application for an account shall be made upon a form prescribed and furnished by the secretary of state. The account holder is subject to the terms and conditions contained in the application. The secretary of state reserves the right to adopt changes to the terms and conditions of the account. The secretary of state reserves the right to close a delinquent account. 2.3(3) Account holders will receive a monthly statement of account. The statement will include, for each transaction, the date and amount of the transaction. A transaction may include more than one filing fee. 2.3(4) Payment in full is due within 15 days of the date of the statement of account. An account is considered delinquent after the expiration of 30 days from the date of the statement of account. Interest and finance charges may be assessed on delinquent accounts in accordance with Iowa Code chapter 535. 2.3(5) An annual fee of $100 shall be paid by an account holder for the privilege of maintaining an account. The annual fee shall cover a 12-month period measured from the first day of the month in which the account is approved by the secretary of state. An account that is not delinquent one month prior to the expiration of the annual period shall be renewed upon the payment of the annual fee. The secretary of state shall charge the annual fee to the account on the statement of the account for the monthly period prior to the expiration date. The annual fee shall be used for the purpose of offsetting the expenses incurred by the secretary of state in maintaining the account.Upon the expiration of the technology modernization fund in Iowa Code section 9.4A, as created by 2017 Iowa Acts, Senate File 516, section 23, the fee will revert to the amount authorized prior to July 1, 2017. Funds generated by the increase of this fee shall be exclusively used for improving business services technology. 2.3(6) Accounts maintained by the secretary of state prior to July 1, 1989, shall be terminated at the close of business on June 30, 1989, unless the holder of the account complies with subrule 2.3(5) and authorizes the secretary of state to continue the account by filing a renewal application on a form prescribed and furnished by the secretary of state. 2.3(7) The secretary of state shall assess a fee of $10 for the receipt of a document filed under Iowa Code section 631.4(1)“d.”ARC 3513CTransportation Department[761]Notice of Intended ActionNotice 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 and 322.13, the Iowa Department of Transportation (Department) hereby gives Notice of Intended Action to amend Chapter 425, “Motor Vehicle and Travel Trailer Dealers, Manufacturers, Distributors and Wholesalers,” Iowa Administrative Code. The Department is proposing amendments to Chapter 425 to align the chapter with the following Iowa Code changes:
A meeting to hear requested oral presentations is scheduled for Thursday, January 11, 2018, 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. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code sections 321.57, 321.60, 322.2, 322.4 and 322.5. The following amendments are proposed.
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 Workforce Development Department hereby gives Notice of Intended Action to amend Chapter 23, “Employer’s Contribution and Charges,” Chapter 24, “Claims and Benefits,” and Chapter 25, “Benefit Payment Control,” Iowa Administrative Code. These proposed amendments update, clarify and simplify the procedures by which claimants and employers interact with Iowa Workforce Development. The amendments also bring the rules up to date by reflecting changes in technology and efficiencies developed within the agency since the affected rules were adopted. The agency needs to have administrative rules that address these changes. Any interested person may submit written or oral suggestions or comments on the proposed amendments on or before January 9, 2018, to David J. 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. Rescind paragraph 23.6(2)"c" and adopt the following new paragraph in lieu thereof: c. Only wages reported to the Iowa unemployment insurance program may be used in computing the employee’s reportable taxable wages in Iowa. ITEM 2. Adopt the following new subrule 23.60(8): 23.60(8) An employer who fails to submit quarterly wage detail electronically will be assessed a penalty of $20 per employee, minimum of $50, in addition to other penalties imposed. ITEM 3. Adopt the following new subrule 23.60(9): 23.60(9) An employer who fails to pay electronically will be assessed a $100 penalty per payment received. ITEM 4. Amend rule 871—24.3(96) as follows:871—24.3(96) Social security number needed for filing. 24.3(1) The correct social security number must be provided by the claimant. The correct social security number is essential in the processing of the claim. Therefore, if the claimant has a social security card, the number must be taken from that card or be provided by the claimant. If the claimant has two or more social security numbers, the claim shall be held until the claimant ascertains which number is correct.A claim cannot be processed without a social security number. 24.3(2) The claim will not become valid until the identity has been verified by the department. If the claimant has not provided the information to verify identity within seven calendar days of filing of a claim, the claim will be voided. The claimant must submit another claim for benefits. The effective date of the claim would be the Sunday of the week the identity was verified. ITEM 5. Adopt the following new rule 871—25.17(96):871—25.17(96) Federal payment offset. Pursuant to 42 U.S.C. 503 §303(m) and 26 U.S.C. §6402(f), the department shall utilize the treasury offset program in order to collect covered unemployment compensation.ARC 3521CWorkforce Development Department[871]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 section 96.11, the Director of Workforce Development Department hereby gives Notice of Intended Action to amend Chapter 24, “Claims and Benefits,” Iowa Administrative Code. This proposed amendment updates the reporting requirements for claimants during a continued claim. Any interested person may submit written or oral suggestions or comments on the proposed amendment on or before January 9, 2018, to David J. 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. This amendment does 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. This amendment is intended to implement Iowa Code chapter 96. The following amendment is proposed.
ITEM 1. Rescind paragraph 24.2(1)"e" and adopt the following new paragraph in lieu thereof: e. In order to maintain continuing eligibility for benefits during any continuous period of unemployment, an individual shall report as directed to do so by an authorized representative of the department. If the individual has moved to another locality, the individual may register and report in person at a workforce development center at the time previously specified for the reporting. (1) An individual who files a weekly continued claim will have the benefit payment automatically deposited weekly on a debit card specified by the department. (2) The department retains the ultimate authority to choose the method of reporting and payment.ARC 3523CInspections and Appeals Department[481]Adopted and FiledPursuant to the authority of Iowa Code section 10A.801, the Department of Inspections and Appeals hereby adopts a new Chapter 9, “Contested Cases,” and amends Chapter 10, “Contested Case Hearings,” Chapter 30, “Food and Consumer Safety,” Chapter 50, “Health Care Facilities Administration,” Chapter 57, “Residential Care Facilities,” Chapter 58, “Nursing Facilities,” Chapter 62, “Residential Care Facilities for Persons with Mental Illness (RCF/PMI),” Chapter 63, “Residential Care Facilities for the Intellectually Disabled,” Chapter 64, “Intermediate Care Facilities for the Intellectually Disabled,” Chapter 65, “Intermediate Care Facilities for Persons with Mental Illness (ICF/PMC),” Chapter 67, “General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services,” Chapter 90, “Public Assistance Debt Recovery Unit,” Chapter 100, “Administration,” Chapter 105, “Registered Amusement Devices,” and Chapter 106, “Card Game Tournaments by Veterans Organizations,” Iowa Administrative Code. These amendments make a number of technical corrections to the procedure governing administrative hearings conducted by the Administrative Hearings Division. The amendments update the title of Chapter 10 to better describe the nature of the rules within, and they move the rules pertaining to contested cases of the Department of Inspections and Appeals to their own chapter to provide greater clarity and update cross references accordingly. They update the procedures related to prehearing conferences to simplify the rule and provide greater flexibility to the parties and the administrative law judge to use the conferences in a manner that efficiently advances the administration of justice. The amendments also update the rule related to providing recordings of hearings to account for technological changes and eliminate an obsolete rule implementing a statutory provision that has been repealed. Finally, the amendments update references to statutory provisions and cross references to rules to reflect the accurate citations. No waiver provision is included in these rules because the statute governs the procedure to be used in contested case proceedings, which includes other safeguards for the administrative law judge to ensure the parties are provided a fair, impartial, and individualized hearing. Notice of Intended Action was published in the Iowa Administrative Bulletin on October 25, 2017, as ARC 3407C. No comments were received by the Department during the public comment period. These amendments are identical to those published under Notice of Intended Action. The Department does not believe that these amendments impose any financial hardship on any regulated entity, body, or individual. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code sections 10A.801 and 17A.12. These amendments shall become effective January 24, 2018. The following amendments are adopted.
ITEM 1. Adopt the following new 481—Chapter 9: CHAPTER 9CONTESTED CASES481—9.1(10A,17A) Applicability. This chapter applies to contested case proceedings conducted under the authority of the department of inspections and appeals in which the director of the department of inspections and appeals is the final decision-making authority.481—9.2(10A,17A) Initiation of a contested case proceeding. If the department decides to initiate a contested case proceeding upon request or its own initiative, the department shall transmit the proceeding to the administrative hearings division, which shall issue a notice of hearing and assign the proceeding to an administrative law judge to serve as the presiding officer. All contested case proceedings shall be conducted pursuant to 481—Chapter 10 and any other administrative rule applicable to the specific type of proceeding.481—9.3(10A,17A) Director review. 9.3(1) A request for review of a proposed decision shall be made within 15 days of issuance of the proposed decision, unless otherwise provided by statute. Requests shall be mailed or delivered by either party to the Director, Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319-0083. Failure to request review will preclude judicial review unless the department reviews on its own motion as follows. The department may review a proposed decision upon its own motion within 15 days of issuance of the proposed decision. 9.3(2) A review shall be based on the record and limited to issues raised in the hearing. The issues shall be specified in the party’s request for review. 9.3(3) Each party shall have opportunity to file exceptions and present briefs. The director or a designee of the director may set a deadline for submission of briefs. When the director or the director’s designee consents, oral arguments may be presented. A party wishing to make an oral argument shall specifically request it. All parties shall be notified of the scheduled time and place in advance. 9.3(4) The director or the director’s designee shall not take any further evidence with respect to issues of fact heard in the hearing except as set forth below. Application may be filed for leave to present evidence in addition to that found in the record of the case. If it is shown to the satisfaction of the director or the director’s designee that the additional evidence is material and that there were good reasons for failure to present it in the hearing, the director or the director’s designee may order the additional evidence taken upon conditions determined by the director or the director’s designee. 9.3(5) Final decisions shall be issued by the director or the director’s designee.481—9.4(10A,17A) Rehearing. Requests for rehearing shall be made to the director of the department within 20 days of issuance of a final decision. A rehearing may be granted when new legal issues are raised, new evidence is available or an obvious mistake is corrected or when the decision failed to include adequate findings or conclusions on all issues. A request for rehearing is not necessary to exhaust administrative remedies.481—9.5(10A,17A) Judicial review. Judicial review of department final decisions may be sought in accordance with Iowa Code section 17A.19. These rules are intended to implement Iowa Code chapters 10A and 17A. ITEM 2. Amend 481—Chapter 10, title, as follows:CONTESTED CASE HEARINGSRULES OF PROCEDURE AND PRACTICE BEFORE THE ADMINISTRATIVE HEARINGS DIVISION ITEM 3. Amend rule 481—10.1(10A), definition of “Party,” as follows: "Party" means a party as defined in Iowa Code subsection 17A.2(5)17A.2(8). ITEM 4. Amend rule 481—10.2(10A,17A) as follows:481—10.2(10A,17A) Time requirements. Time shall be computed as provided in Iowa Code subsection 4.1(22)4.1(34). For good cause, the administrative law judge may extend or shorten the time to take any action, except as provided otherwise by rule or law. This rule is intended to implement Iowa Code sections 10A.202(1)10A.801(7) and 17A.22. ITEM 5. Amend rule 481—10.3(10A), implementation sentence, as follows: This rule is intended to implement Iowa Code section 10A.202(1)10A.801(7). ITEM 6. Amend rule 481—10.4(10A), implementation sentence, as follows: This rule is intended to implement Iowa Code section 10A.202(1)10A.801(7). ITEM 7. Amend rule 481—10.6(10A), implementation sentence, as follows: This rule is intended to implement Iowa Code section 10A.202(2)10A.801(7). ITEM 8. Amend rule 481—10.10(10A,17A), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 10A.202(1)10A.801(7) and 17A.22. ITEM 9. Amend subrule 10.11(1) as follows: 10.11(1) Petition. When an action of the agency is appealed and pleadings are required under subrule 10.10(1)this rule, the aggrieved party shall file the petition. a. Any required petition shall be filed within 20 days of delivery of the notice of hearing, unless otherwise ordered. b. The petition shall state in separately numbered paragraphs the following: (1) The relief demanded and the facts and law relied upon for relief; (2) The particular provisions of the statutes and rules involved; (3) On whose behalf the petition is filed; and (4) The name, address and telephone number of the petitioner and the petitioner’s attorney, if any. ITEM 10. Amend rule 481—10.11(10A,17A), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 10A.202(1)10A.801(7) and 17A.12(6)“a.” ITEM 11. Rescind rule 481—10.16(17A) and adopt the following new rule in lieu thereof:481—10.16(10A,17A) Prehearing conference. 10.16(1) Set by division. The division may commence a contested case proceeding by issuing a notice of hearing that sets a prehearing conference to provide parties an opportunity to be heard on the selection of a date and time for the hearing on the merits and any other matters set forth in the notice or raised by the parties. 10.16(2) Requested by party. Any party may request a prehearing conference by filing and serving a written motion at least ten days prior to the date of the hearing. The motion must state any matters that the party seeks to address at the prehearing conference. If the administrative law judge grants the motion, the administrative law judge shall issue an order providing notice of the date and time of the prehearing conference to all parties. 10.16(3) Ordered by administrative law judge. The administrative law judge may order a prehearing conference if the administrative law judge determines on the administrative law judge’s own motion that a prehearing conference should be held. 10.16(4) Default. If a party fails to appear or participate in a prehearing conference after proper service of notice, the administrative law judge may enter a default decision or proceed with the prehearing conference in the absence of the party. This rule is intended to implement Iowa Code sections 10A.801(7) and 17A.12. ITEM 12. Amend rule 481—10.17(10A), implementation sentence, as follows: This rule is intended to implement Iowa Code section 10A.202(1)10A.801(7). ITEM 13. Amend rule 481—10.18(10A,17A), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 10A.202(1)10A.801(7) and 17A.22. ITEM 14. Amend rule 481—10.19(10A,17A), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 10A.202(1)10A.801(7) and 17A.22. ITEM 15. Amend subrule 10.24(2) as follows: 10.24(2) Review of proposed decisions. Request for review of a proposed decision shall be made to the agency in which the contested case originated in the manner and within the time specified by that agency’s rules. In contested cases in which the director of DIAthe department of inspections and appeals has final decision-making authority, request for review shall be made as provided in rule 481—10.25(10A,17A)481—9.3(10A,17A). ITEM 16. Rescind and reserve rule 481—10.25(10A,17A). ITEM 17. Rescind and reserve rule 481—10.27(10A). ITEM 18. Amend rule 481—10.28(10A) as follows:481—10.28(10A) Recording costs. The departmentdivision may provide a copy of the tape-recordedaudio recording of the hearing or a printed transcript of the hearing when a record of the hearing is requested. The cost ofproviding the recording or preparing the tape or transcript shall be paid by the requesting party.Parties who request that a hearing be recorded by certified shorthand reporters shall bear the cost, unless otherwise provided by law. ITEM 19. Amend rule 481—30.11(10A,137C,137D,137F) as follows:481—30.11(10A,137C,137D,137F) Formal hearing. All decisions of the food and consumer safety bureau may be contested by an adversely affected party. A request for a hearing must be made in writing to the Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319, within 30 days of the mailing or service of a decision. Appeals and hearings are controlled by 481—Chapter 10, “Contested Case Hearings.”481—Chapter 9, “Contested Cases.”For contractors, license holders shall have the opportunity for a hearing before the local board of health. If the hearing is conducted before the local board of health, the license holder may appeal to the department and shall follow the process for review in rule 481—10.25(10A,17A)481—9.3(10A,17A). This rule is intended to implement Iowa Code section 10A.104 and Iowa Code chapters 137C, 137D, and 137F. ITEM 20. Amend rule 481—50.6(10A), introductory paragraph, as follows:481—50.6(10A) Formal hearing. All decisions of the division may be contested. Appeals and hearings are controlled by 481—Chapter 10, “Contested Case Hearings.”481—Chapter 9, “Contested Cases.” ITEM 21. Amend paragraph 57.14(6)"d" as follows: d. The hearing shall be heard by a department of inspections and appeals administrative law judge pursuant to Iowa Code chapter 17A and 481—Chapter 10481—Chapter 9. The hearing shall be public unless the resident or the resident’s legal representative requests in writing that the hearing be closed. In a determination as to whether a transfer or discharge is authorized, the burden of proof by a preponderance of evidence rests on the party requesting the transfer or discharge. ITEM 22. Amend paragraph 58.40(7)"d" as follows: d. The hearing shall be heard by a department of inspections and appeals administrative law judge pursuant to Iowa Code chapter 17A and 481—Chapter 10481—Chapter 9. The hearing shall be public unless the resident or resident’s legal representative requests in writing that the hearing be closed. In a determination as to whether a transfer or discharge is authorized, the burden of proof by a preponderance of the evidence rests on the party requesting the transfer or discharge. ITEM 23. Amend paragraph 62.14(6)"d" as follows: d. The hearing shall be heard by a department of inspections and appeals administrative law judge pursuant to Iowa Code chapter 17A and 481—Chapter 10481—Chapter 9. The hearing shall be public unless the resident or representative requests in writing that the hearing be closed. In a determination as to whether a transfer or discharge is authorized, the burden of proof by a preponderance of evidence rests on the party requesting the transfer or discharge. ITEM 24. Amend paragraph 63.34(7)"d" as follows: d. The hearing shall be heard by a department of inspections and appeals administrative law judge pursuant to Iowa Code chapter 17A and 481—Chapter 10481—Chapter 9. The hearing shall be public unless the resident or representative requests in writing that the hearing be closed. In a determination as to whether a transfer or discharge is authorized, the burden of proof by a preponderance of the evidence rests on the party requesting the transfer or discharge. ITEM 25. Amend paragraph 64.36(7)"d" as follows: d. The hearing shall be heard by a department of inspections and appeals administrative law judge pursuant to Iowa Code chapter 17A and 481—Chapter 10481—Chapter 9. The hearing shall be public unless the resident or representative requests in writing that the hearing be closed. In a determination as to whether a transfer or discharge is authorized, the burden of proof by a preponderance of the evidence rests on the party requesting the transfer or discharge. ITEM 26. Amend paragraph 65.16(6)"d" as follows: d. The hearing shall be heard by a department of inspections and appeals administrative law judge pursuant to Iowa Code chapter 17A and 481—Chapter 10481—Chapter 9. The hearing shall be public unless the resident or representative requests in writing that the hearing be closed. In a determination as to whether a transfer or discharge is authorized, the burden of proof by a preponderance of evidence rests on the party requesting the transfer or discharge. ITEM 27. Amend subrule 67.14(5) as follows: 67.14(5) Contested case hearings. Contested case hearings shall be conducted by the department’s administrative hearings division pursuant to Iowa Code chapter 17A and 481—Chapter 10481—Chapter 9. ITEM 28. Amend subrule 67.15(2) as follows: 67.15(2) Hearings. Hearings shall be conducted by the administrative hearings division of the department of inspections and appeals pursuant to Iowa Code chapter 17A and 481—Chapter 10481—Chapter 9. ITEM 29. Amend subrule 67.16(2) as follows: 67.16(2) Appeal of conditional certificate. A written request for hearing must be received by the department within 30 days after the mailing or service of notice. The conditional certificate shall not be suspended pending the hearing. Hearings shall be conducted by the administrative hearings division of the department of inspections and appeals pursuant to Iowa Code chapter 17A and 481—Chapter 10481—Chapter 9. ITEM 30. Amend rule 481—67.18(17A,231B,231C,231D) as follows:481—67.18(17A,231B,231C,231D) Judicial review. Judicial review shall be conducted pursuant to Iowa Code chapter 17A and 481—Chapter 10481—Chapter 9. ITEM 31. Amend rule 481—90.7(10A) as follows:481—90.7(10A) Appeal rights. If a notice of debt or other notice of adverse action is received by the debtor and the debtor wishes to contest the debt, an appeal is submitted to the recovery unit or to DHS. If an appeal is submitted, the recovery process is suspended until conclusion of the appeal process outlined in 481—Chapter 10481—Chapter 9 and 441—Chapter 7. ITEM 32. Amend rule 481—100.12(10A,17A,99B), introductory paragraph, as follows:481—100.12(10A,17A,99B) Appeal rights. Any decision of the department may be appealed in accordance with procedures set out in Iowa Administrative Code 481—Chapter 10481—Chapter 9. When an appeal is received, the status of the license is governed by the following standards: ITEM 33. Amend rule 481—105.8(10A,99B), introductory paragraph, as follows:481—105.8(10A,99B) Appeal rights. Decisions to refuse to issue a registration or to revoke a registration by the department may be appealed in accordance with the procedures set out in 481—Chapter 10481—Chapter 9. The refusal to issue a registration or the notice of revocation shall be in writing and state the specific grounds for the action. When an appeal is received, the status of the registration is governed by the following standards: ITEM 34. Amend subrule 106.13(3) as follows: 106.13(3) If the licensee or applicant requests a hearing, the hearing shall be held in accordance with procedures in 481—Chapter 10481—Chapter 9. [Filed 11/29/17, effective 1/24/18][Published 12/20/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/20/17.ARC 3524CInspections and Appeals Department[481]Adopted and FiledPursuant to the authority of Iowa Code section 10A.801, the Department of Inspections and Appeals hereby amends Chapter 10, “Contested Case Hearings,” and adopts new Chapter 15, “Iowa Code of Administrative Judicial Conduct,” Iowa Administrative Code. Iowa Code section 10A.801(7)(d) requires the Administrative Hearings Division of the Department of Inspections and Appeals to establish a code of administrative judicial conduct that is similar in function and substantially equivalent to the Iowa Code of Judicial Conduct found in Chapter 51 of the Iowa Court Rules, to govern the conduct, in relation to their quasi-judicial functions in contested cases, of all persons who act as presiding officers under the authority of Iowa Code section 17A.11(1). In August 2010, the Iowa Supreme Court substantially amended the Iowa Code of Judicial Conduct. These amendments update the Iowa Code of Administrative Judicial Conduct to be substantially equivalent to the amended Iowa Code of Judicial Conduct. These amendments were drafted in close consultation with a working group representing presiding officers throughout the Executive Branch. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3408C on October 25, 2017. One comment was received suggesting that subrule 15.3(10) be amended to permit administrative law judges to practice law on a pro bono basis through legal aid organizations and to engage in the private practice of law if employed by the state part-time. While the Department recognizes the importance of pro bono legal assistance, the Iowa Code of Judicial Conduct does not permit such conduct for full-time judges, and the Department concludes that it is not appropriate to deviate from the Iowa Code of Judicial Conduct on this point. And while the Iowa Code of Judicial Conduct does permit part-time magistrates to engage in the private practice of law, the part-time magistrate position is statutorily required and clearly defined. No similar statutory provision exists for administrative law judges. In the absence of a statutory mandate, the Department concludes that the subrule would appropriately apply to a part-time administrative law judge because of the significant ethical concerns that would arise from engaging in private practice at the same time as serving as an administrative law judge. Accordingly, the Department has not made any changes in response to the comment. The Department did make two technical changes to the definitions in subrule 15.5(2) to delete a term not used in the chapter and to correct a typographical error. These amendments are otherwise identical to those published under Notice of Intended Action. Pursuant to Iowa Code section 10A.801(7)(d), the Administrative Rules Coordinator has approved of the application of this Iowa Code of Administrative Judicial Conduct to agency heads and members of multimember agency heads as set forth in subrule 15.5(3). This approval was memorialized in correspondence from the Administrative Rules Coordinator to the Department dated November 29, 2017, which is on file in the Administrative Hearings Division of the Department. The Department does not believe that these amendments impose any financial hardship on any regulated entity, body, or individual. No waiver provision is included in these rules because the statute they implement is mandatory and to the extent the rules could be waived, the Department’s general waiver procedure is available. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 10A.801. These amendments shall become effective January 24, 2018. The following amendments are adopted.
ITEM 1. Rescind the definition of “Presiding officer” in rule 481—10.1(10A). ITEM 2. Rescind and reserve rule 481—10.29(10A). ITEM 3. Adopt the following new 481—Chapter 15: CHAPTER 15IOWA CODE OF ADMINISTRATIVE JUDICIAL CONDUCT481—15.1(10A) Canon 1. A presiding officer shall uphold and promote the independence, integrity, and impartiality of the administrative judiciary and shall avoid impropriety and the appearance of impropriety. 15.1(1) Compliance with the law. A presiding officer shall comply with the law, including the Iowa Code of Administrative Judicial Conduct, hereafter referred to as “this Code.” 15.1(2) Promoting confidence in the administrative judiciary. A presiding officer shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the administrative judiciary and shall avoid impropriety and the appearance of impropriety. 15.1(3) Avoiding abuse of the prestige of an administrative judicial position. A presiding officer shall not abuse the prestige of the administrative judicial position to advance the personal or economic interests of the presiding officer or others, or allow others to do so.481—15.2(10A) Canon 2. A presiding officer shall perform administrative judicial duties impartially, competently, and diligently. 15.2(1) Giving precedence to administrative judicial duties. The administrative judicial duties, as prescribed by law, shall take precedence over all of a presiding officer’s personal and extrajudicial activities. 15.2(2) Impartiality and fairness. A presiding officer shall uphold and apply the law, and shall perform all administrative judicial duties fairly and impartially. 15.2(3) Bias, prejudice, and harassment. a. A presiding officer shall perform all administrative judicial and other duties without bias or prejudice. b. A presiding officer shall not, in the performance of administrative judicial duties, by words or conduct manifest bias or prejudice or engage in harassment, including but not limited to bias, prejudice, or harassment based upon race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, and shall not permit others subject to the presiding officer’s direction and control to do so. c. A presiding officer shall require lawyers and party representatives in proceedings before the presiding officer to refrain from manifesting bias or prejudice or engaging in harassment, based upon attributes including but not limited to race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, against parties, witnesses, lawyers, party representatives, or others. d. The restrictions of paragraphs 15.2(3)“b” and “c” do not preclude presiding officers, lawyers, or party representatives from making legitimate reference to the listed factors, or similar factors, when they are relevant to an issue in a proceeding. 15.2(4) External influences on administrative judicial conduct. a. A presiding officer shall not be swayed by public clamor or fear of criticism. b. A presiding officer shall not permit family, social, political, financial, or other interests or relationships to influence the presiding officer’s administrative judicial conduct or judgment. c. A presiding officer shall not convey or permit others to convey the impression that any person or organization is in a position to influence the presiding officer. 15.2(5) Competence, diligence, and cooperation. a. A presiding officer shall perform administrative judicial and other duties competently and diligently. b. A presiding officer shall cooperate with other presiding officers and other executive branch employees in the administration of agency business. 15.2(6) Ensuring the right to be heard. a. A presiding officer shall accord to every person who has a legal interest in a proceeding, or that person’s lawyer or authorized representative, the right to be heard according to law. b. A presiding officer may encourage parties to a proceeding and their lawyers or authorized representatives to settle matters in dispute but shall not act in a manner that coerces any party into settlement. 15.2(7) Responsibility to decide. A presiding officer shall hear and decide matters assigned to the presiding officer, except when disqualification is required by subrule 15.2(11) or other law. 15.2(8) Decorum and demeanor. a. A presiding officer shall require order and decorum in proceedings before the presiding officer. b. A presiding officer shall be patient, dignified, and courteous to parties, board members, witnesses, lawyers, party representatives, agency staff, agency officials, and others with whom the presiding officer deals in an official capacity, and shall require similar conduct of lawyers, party representatives, and others subject to the presiding officer’s direction and control. 15.2(9) Ex parte communications. a. A presiding officer shall not initiate, permit, or consider ex parte communications, or consider other communications made to the presiding officer outside the presence of the parties or their lawyers, concerning a pending matter or impending matter, except as permitted by Iowa Code section 17A.17. b. A presiding officer shall not investigate facts in a matter independently and shall consider only the evidence presented and any facts that may be officially noticed pursuant to Iowa Code section 17A.14. 15.2(10) Statements on pending and impending cases. a. A presiding officer shall not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a pending matter or impending matter before the presiding officer or another presiding officer in the same agency, or make any nonpublic statement that might substantially interfere with a fair hearing. b. A presiding officer shall not, in connection with cases, controversies, or issues that are likely to come before the presiding officer, make pledges, promises, or commitments that are inconsistent with the impartial performance of the presiding officer’s adjudicative duties. c. A presiding officer shall require others subject to the presiding officer’s direction and control to refrain from making statements that the presiding officer would be prohibited from making by paragraphs 15.2(10)“a” and “b.” d. Notwithstanding the restrictions in paragraph 15.2(10)“a,” a presiding officer may explain agency procedures and may comment on any proceeding in which the presiding officer is a party in a personal capacity. e. Subject to the requirements of paragraph 15.2(10)“a,” a presiding officer may respond directly or through a third party to allegations in the media or elsewhere concerning the presiding officer’s conduct in a matter. 15.2(11) Disqualification. a. A presiding officer shall disqualify himself or herself in any proceeding in which the presiding officer’s impartiality might reasonably be questioned, including but not limited to the following circumstances: (1) The presiding officer has a personal bias or prejudice concerning a party or a party’s lawyer or other representative, or has personal knowledge of facts that are in dispute in the proceeding. (2) The presiding officer knows that the presiding officer, the presiding officer’s spouse or domestic partner, or a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person is:- A party to the proceeding, or an officer, director, general partner, managing member, or trustee of a party;
- Acting as a lawyer or party representative in the proceeding;
- A person who has more than a de minimis interest that could be substantially affected by the proceeding; or
- Likely to be a material witness in the proceeding.
- Served as a lawyer in the matter in controversy or was associated with a lawyer who participated substantially as a lawyer in the matter during such association;
- Served in governmental employment and in such capacity participated personally and substantially as a lawyer or public official concerning the proceeding, or has publicly expressed in such capacity an opinion concerning the merits of the particular matter in controversy; or
- Was a material witness concerning the matter.
- Will be engaged in proceedings that would ordinarily come before the administrative law judge; or
- Will frequently be engaged in adversary proceedings before the agency in which the administrative law judge serves.
- An interest in the individual holdings within a mutual or common investment fund;
- An interest in securities held by an educational, religious, charitable, fraternal, or civic organization in which the presiding officer or the presiding officer’s spouse, domestic partner, parent, or child serves as a director, an officer, an advisor, or other participant;
- A deposit in a financial institution or deposits or proprietary interests the presiding officer may maintain as a member of a mutual savings association or credit union, or similar proprietary interests; or
- An interest in the issuer of government securities held by the presiding officer.
Pursuant to the authority of Iowa Code section 147.76, the Board of Pharmacy hereby amends Chapter 16, “Nuclear Pharmacy Practice,” Iowa Administrative Code. Pursuant to Iowa Code section 17A.7(2), the Board has conducted on overall review of this chapter of administrative rules. The Board preemptively sought comments and suggestions from those in the field of nuclear pharmacy in identifying the amendments. These amendments provide alignment with the Iowa Department of Public Health and the Nuclear Regulatory Commission with respect to definitions and training requirements for authorized nuclear pharmacists. The amendments also clarify the type of license issued to nuclear pharmacies and incorporate national minimum standards for sterile compounding consistent with other rule making by the Board. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3228C on August 2, 2017. The Board received comments and suggestions for revisions from one Iowa pharmacist member of the nuclear pharmacy practice. The suggestions that were accepted and incorporated in this adopted rule making provide further clarification in the practice of nuclear pharmacy without causing substantive changes. Requests for waiver or variance of the discretionary provisions of Board rules will be considered pursuant to 657—Chapter 34. The Board of Pharmacy adopted these amendments on November 1, 2017. As this rule making is updating language to be consistent with national standards that are already in practice in the nuclear pharmacy community, there is no anticipated impact on jobs. These amendments are intended to implement Iowa Code section 155A.13. These amendments will become effective January 24, 2018. The following amendments are adopted.
ITEM 1. Amend rule 657—16.1(155A) as follows:657—16.1(155A) Purpose and scope. It is unlawful to receive, possess or transfer radioactive drugs except in accordance with the provisions of Iowa Code chapter 155A. It is also unlawful for any person to provide radiopharmaceutical services unless the person is a pharmacist or a person acting under the direct supervision of a pharmacist acting in accordance with the provisions of Iowa Code chapter 155A, board rules and rules of the environmental protection commission. It is not unlawful for a medical practitioner to receive, possess, or transfer radioactive drugs for administration to patients as provided in Iowa Code chapter 148. No person may receive, acquire, possess, use, transfer, or dispose of any radioactive material except in accordance with the conditions set forth by the environmental protection commission pursuant to the provisions of Iowa Code chapter 455B. The requirements of these nuclear pharmacy rules are in addition to and not in substitution for 657—Chapter 8 and other applicable provisions of rules of the board and the environmental protection commission or the public health department.This chapter establishes the minimum standard for the practice of pharmacy relating to radioactive drugs. These rules apply to individuals authorized to receive, handle, transfer, dispense, or dispose of radioactive drugs pursuant to Iowa Code chapters 136C, 155A, and 455B, and rules of the board, the environmental protection commission, or the public health department. For pharmacies, these rules are in addition to other applicable chapters of rules of the board including, but not limited to, 657—Chapters 8 and 20. ITEM 2. Amend rule 657—16.2(155A), definition of “Board,” as follows: "Board" means the Iowa board of pharmacy examiners. ITEM 3. Amend rule 657—16.2(155A), definition of “Qualified nuclear pharmacist,” as follows: "QualifiedAuthorized nuclear pharmacist" means a person currently licensed to practice pharmacy in Iowa who meets the qualifications established by rule 657—16.3(155A). ITEM 4. Adopt the following new definition of “Radioactive drug” in rule 657—16.2(155A): "Radioactive drug" "radiopharmaceutical" means a drug or device that contains a radioactive substance and is used to diagnose or treat disease. ITEM 5. Amend rule 657—16.3(155A) as follows:657—16.3(155A) GeneralTraining requirements for qualifiedauthorized nuclear pharmacist. A qualifiedAn authorized nuclear pharmacist shall meet all requirements of either alternative one or alternative two established in subrules 16.3(1) and 16.3(2), respectivelythe United States Nuclear Regulatory Commission pursuant to federal regulations. 16.3(1) Alternative one. A qualified nuclear pharmacist shall: a. Meet minimum standards of training for medical uses of radioactive materials; and b. Be a currently licensed pharmacist in the state of Iowa; and c. Submit an affidavit of experience and training to the board; and d. Have completed one of the following nuclear pharmacy training alternatives: (1) Received a minimum of 90 contact hours of didactic instruction in nuclear pharmacy from an accredited college of pharmacy. In addition, the pharmacist shall have attained a minimum of 160 hours of clinical nuclear pharmacy training under the supervision of a qualified nuclear pharmacist in a nuclear pharmacy that provides nuclear pharmacy services or in a structured clinical nuclear pharmacy training program of an accredited college of pharmacy. (2) Successfully completed a nuclear pharmacy residency accredited by the American Society of Health-System Pharmacists (ASHP). (3) Successfully completed a certificate program in nuclear pharmacy accredited by the Accreditation Council on Pharmaceutical Education (ACPE). 16.3(2) Alternative two. A qualified nuclear pharmacist shall: a. Be a currently licensed pharmacist in the state of Iowa; and b. Be certified by the Board of Pharmaceutical Specialties as a board-certified nuclear pharmacist (BCNP); and c. Submit an affidavit of BCNP credentials to the board. ITEM 6. Amend rule 657—16.4(155A) as follows:657—16.4(155A) General requirements for pharmaciesa pharmacy providing radiopharmaceutical services. A pharmacy providing radiopharmaceutical services shall obtain a limited use pharmacy license pursuant to rule 657—8.35(155A) prior to commencing provision of services in this state. 16.4(1) QualifiedAuthorized nuclear pharmacist. A license to operate a pharmacy providing radiopharmaceutical services shall be issued only to a qualified nuclear pharmacist who shall be the pharmacist in charge of the pharmacy. The pharmacist in chargeshall be an authorized nuclear pharmacist and shall be responsible for, at a minimum, the requirements in rule 657—6.2(155A)657—8.3(155A). All personnel performing tasks in the preparation and distribution of radioactive drugs shall be under the direct personal supervision of a qualifiedan authorized nuclear pharmacist. A qualifiedAn authorized nuclear pharmacist is responsible for all operations of the pharmacy and, except in emergency situations, shall be in personal attendance at all times that the pharmacy is open for business. 16.4(2) Space requirements. Nuclear pharmacies shall have adequate space, commensurate with the scope of services required and provided. The nuclear pharmacy area shall be separate from the pharmacy areas for nonradioactive drugs and shall be secured from unauthorized personnel. All pharmacies handling radiopharmaceuticals shall provide a radioactive storage and product decay area, occupying at least 25 square feet of space, separate from and exclusive of the hot laboratory,drug compounding, dispensing, quality assurance, and office areas. 16.4(3) Personnel appropriately trained. The pharmacist in charge shall be responsible for ensuring that all pharmacy personnel have been appropriately and adequately trained for their assigned tasks. 16.4(4) Pharmacy support persons. A pharmacy support person shall register with the board pursuant to the registration requirements of 657—Chapter 5. Alternatively, a pharmacy support person may register with the board as a pharmacy technician pursuant to the registration and national certification requirements of 657—Chapter 3. 16.4(5) Records required. Nuclear pharmacies shall maintain records of acquisition and disposition of all radioactive drugs in accordance with rules of the board, the public health department, and the environmental protection commission. 16.4(6) Compliance with laws. Nuclear pharmacies shall comply with all applicable laws and regulations of federal and state agencies, including those laws and regulations governing nonradioactive drugs. 16.4(7) Prescription and office use. Radioactive drugs shall be dispensed only upon a prescription order from a licensed medical practitioner authorized to possess, use and administer radiopharmaceuticals. A nuclear pharmacy may also furnish radiopharmaceuticals to practitioners for office use. 16.4(8) Outer-container label. In addition to any of the board’s labeling requirements for nonradioactive drugs, the immediate outer container of a radioactive drug to be dispensed shall also be labeled with: a. The standard radiation symbol; b. The words “Caution — Radioactive Material”; c. The name of the radionuclide; d. The chemical form; e. The amount of radioactive material contained, in millicuries or microcuries; f. If the radioactive drug is a liquid, the volume in cubic centimeters; g. The requested calibration time for the amount of radioactivity contained. 16.4(9) Immediate-container label. The immediate container shall be labeled with: a. The standard radiation symbol; b. The words “Caution — Radioactive Material”; c. The name of the pharmacy; and d. The prescription number. 16.4(10) Radioactivity. The amount of radioactivity for each individual preparationa radiopharmaceutical prepared by a nuclear pharmacy shall be determined by radiometric methods immediately prior to dispensing. 16.4(11) Redistribution. AWhen a nuclear pharmacy may redistributedistributes to another nuclear pharmacy or authorized partyentity radioactive drugs that are the subject of an approved new drug application ifFDA-approved, commercially manufactured drug products, the pharmacy doesshall not process the radioactive drugs in any manner or violate the product packaging. ITEM 7. Amend rule 657—16.6(155A) as follows:657—16.6(155A) Minimum equipment requirements. Each nuclear pharmacy shall maintain the following equipment for use in the provision of radiopharmaceutical services:- Laminar flow hoodAppropriate primary engineering control device to comply with rule 657—16.8(155A);
- Dose calibrator;
- Refrigerator;
- 4Single-channel scintillation counter;
- 5Microscope;
- Autoclave, or access to one;
- 7Incubator, or access to one;
- 8Radiation survey meter;
- 9Other equipment necessary for the radiopharmaceutical services provided as required by the board.
Pursuant to the authority of Iowa Code section 100.35, the State Fire Marshal in the Department of Public Safety hereby amends Chapter 205, “Fire Safety Requirements for Hospitals and Health Care Facilities,” Iowa Administrative Code. The State Fire Marshal in the Department of Public Safety is authorized to adopt administrative rules pursuant to Iowa Code section 100.35. These amendments adopt by reference the 2012 edition of NFPA 101: Life Safety Code, referred to as the “2012 Life Safety Code.” The 2012 Life Safety Code was adopted by the Centers for Medicare and Medicaid Services and became effective July 5, 2016. The 2012 Life Safety Code reflects current safety standards and requirements for hospitals, nursing facilities, hospices, intermediate care facilities for persons with intellectual disabilities or mental illness, ambulatory care facilities, and religious nonmedical facilities. Adopting the 2012 Life Safety Code will promote safety for vulnerable persons. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3411C on October 25, 2017. A public hearing was held on November 14, 2017, at 10 a.m. in the First Floor Public Conference Room (Room 125), Oran Pape State Office Building, 215 East 7th Street, Des Moines, Iowa. No persons appeared at the public hearing, and no written comments were received. These amendments are identical to those published under Notice. The State Fire Marshal adopted these amendments on November 29, 2017. It is expected that there will be no fiscal impact for the adoption of the 2012 Life Safety Code. The fire inspectors who perform these inspections are trained on the new code, and no additional costs are expected. Pursuant to the provisions of rule 661—10.222(17A), the State Fire Marshal does not have authority to waive requirements established by statute. Pursuant to the provisions of rules 661—200.2(100) and 661—10.222(17A), the State Fire Marshal has the authority to grant waivers from the rules. It is expected that there will be no impact on jobs. The adoption of the 2012 Life Safety Code will help to better protect vulnerable populations and persons who work in the facilities listed above. These amendments are intended to implement Iowa Code section 100.35. These amendments will become effective January 24, 2018. The following amendments are adopted.
ITEM 1. Amend rule 661—205.1(100) as follows:661—205.1(100) Definitions. The following definitions apply to rules 661—205.1(100) through 661—205.25(100). "Ambulatory health care facility" means a facility or portion thereof used to provide services or treatment that provides, on an outpatient basis, treatment for one or more patients that renders the patients incapable of taking action for self-preservation under emergency conditions without the assistance of others; or provides, on an outpatient basis, anesthesia that renders the patient incapable of taking action for self-preservation under emergency conditions without the assistance of others. "Existing" means that a facility (1) has been in continuous operation under its current classification of occupancy since before September 11, 2003July 5, 2016, and has not undergone renovation or remodeling, including an addition, on or after September 11, 2003July 5, 2016, or (2) received plan approval for initial construction or for its most recent renovation or remodeling project, including an addition, if any, from the building code bureau of the fire marshal division prior to March 11, 2003July 5, 2016. "Hospice" means a facility licensed or seeking licensure pursuant to Iowa Code section 135J.2. "Hospital" means a facility licensed or seeking licensure pursuant to Iowa Code chapter 135B. "Intermediate care facility for the mentally retarded" means a facility licensed or seeking licensure pursuant to Iowa Code section 135C.2(3)“c.” "New" means that a facility (1) commenced continuous operation under its current classification of occupancy on or after September 11, 2003July 5, 2016, (2) has undergone renovation or remodeling, including an addition, on or after September 11, 2003July 5, 2016, or (3) received plan approval from the building code bureau of the fire marshal division for the initial construction of the facility or the most recent renovation of or addition to the facility on or after March 11, 2003July 5, 2016. "NFPA" means the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269. References to the form “NFPA xx,” where “xx” is a number, refer to the NFPA standard or pamphlet of the corresponding number. "Nursing facility" means a facility licensed or seeking licensure pursuant to Iowa Code section 135C.6, including a nursing facility for intermediate care or a nursing facility for skilled care. ITEM 2. Amend rule 661—205.5(100) as follows:661—205.5(100) Hospitals. 205.5(1) New hospitals. NFPA 101, Life Safety Code, 20002012 edition, Chapter 18, is adopted by reference as the fire safety rules for new hospitals. 205.5(2) Existing hospitals. NFPA 101, Life Safety Code, 20002012 edition, Chapter 19, is adopted by reference as the fire safety rules for existing hospitals, with the following amendments:.Effective March 13, 2006, Section 19.3.6.3.2, Exception No. 2, is deleted.Section 19.2.9 is not effective prior to March 13, 2006. 205.5(3) Alcohol-based hand rub dispensers. Notwithstanding any provisions of the 2000 edition of the Life Safety Code to the contrary, a hospital may install alcohol-based hand rub dispensers in its facility if: a. Use of alcohol-based hand rub dispensers does not conflict with a local code that prohibits or otherwise restricts the placement of alcohol-based hand rub dispensers in health care facilities; b. The dispensers are installed in a manner that minimizes leaks and spills that could lead to falls; c. The dispensers are installed in a manner that adequately protects against access by vulnerable populations; and d. The dispensers are installed in accordance with Section 18.3.2.7 or Section 19.3.2.7 of the 2000 edition of the Life Safety Code, as amended by NFPA Temporary Interim Amendment 00-1(101), issued by the Standards Council of the National Fire Protection Association on April 15, 2004. ITEM 3. Amend rule 661—205.10(100) as follows:661—205.10(100) Nursing facilities and hospices. 205.10(1) New nursing facilities and hospices. NFPA 101, Life Safety Code, 20002012 edition, Chapter 18, is adopted by reference as the fire safety rules for new nursing facilities and hospices that provide inpatient care directly. 205.10(2) Existing nursing facilities and hospices. NFPA 101, Life Safety Code, 20002012 edition, Chapter 19, is adopted by reference as the fire safety rules for existing nursing facilities and hospices that provide inpatient care directly, with the following amendments:.Section 19.2.9 is not effective prior to March 13, 2006.Effective March 13, 2006, Section 19.3.6.3.2, Exception No. 2, is deleted. 205.10(3) Alcohol-based hand rub dispensers. Notwithstanding any provisions of the 2000 edition of the Life Safety Code to the contrary, a hospice or nursing facility may place alcohol-based hand rub dispensers in its facility if: a. Use of alcohol-based hand rub dispensers does not conflict with a local code that prohibits or otherwise restricts the placement of alcohol-based hand rub dispensers in health care facilities; b. The dispensers are installed in a manner that minimizes leaks and spills that could lead to falls; c. The dispensers are installed in a manner that adequately protects against access by vulnerable populations; and d. The dispensers are installed in accordance with Section 18.3.2.7 or Section 19.3.2.7 of the 2000 edition of the Life Safety Code, as amended by NFPA Temporary Interim Amendment 00-1(101), issued by the Standards Council of the National Fire Protection Association on April 15, 2004. 205.10(4) Smoke detectors in nursing facilities. A nursing facility shall: a. Install battery-operated smoke detectors in resident sleeping rooms and public areas by May 24, 2006. b. Have a program for testing, maintenance, and battery replacement to ensure the reliability of the smoke detectors.Exception: Battery-operated smoke detectors are not required in each resident sleeping room and public area if either the facility has a hard-wired AC smoke detection system in patient rooms and public areas that is installed, tested, and maintained in accordance with NFPA 72, National Fire Alarm Code, for hard-wired AC systems, or the facility has a sprinkler system throughout that is installed, tested, and maintained in accordance with NFPA 13, Automatic Sprinklers. ITEM 4. Amend rule 661—205.15(100) as follows:661—205.15(100) Intermediate care facilities for the mentally retardedpersons with intellectual disabilities and intermediate care facilities for persons with mental illness. 205.15(1) New intermediate care facilities. New intermediate care facilities for the mentally retardedpersons with intellectual disabilities and new intermediate care facilities for persons with mental illness shall comply with the provisions of one of the following: a. NFPA 101, Life Safety Code, 20002012 edition, Chapter 18. b. NFPA 101, Life Safety Code, 20002012 edition, Chapter 32, with the following amendments:.Note: Any requirement contained within Chapter 32 that is based on a rating of evacuation capability shall be based upon an evacuation capability rating of “impractical.” Any provision which is dependent upon an evacuation capability rating other than “impractical” shall be unavailable. (1) Delete Section 32.2.1.2.1 and insert in lieu thereof the following new section:32.2.1.2.1Small facilities shall comply with the requirements of Section 32.2 as indicated for an evacuation capability of impractical.Exception*: Facilities where the authority having jurisdiction has determined equivalent safety is provided in accordance with Section 1.5. (2) Delete Section 32.2.1.2.2 and insert in lieu thereof the following new section:32.2.1.2.2The evacuation capability shall be classified as impractical. (3) Delete Exception No. 1 to Section 32.2.2.1. (4) Delete Exceptions No. 2 and No. 3 to Section 32.2.2.4. (5) Delete the Exception to Section 32.2.3.3.2. (6) Delete Exception No. 1 to Section 32.2.3.5.1. (7) Delete Exceptions No. 1, No. 3 and No. 4 to Section 32.2.3.5.2. (8) Delete Exception No. 2 to Section 32.2.3.5.2 and insert in lieu thereof the following new Exception No. 2:Exception No. 2: An automatic sprinkler system in accordance with NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, with a 30-minute water supply, shall be permitted. All habitable areas and closets shall be sprinklered. Facilities with more than eight residents shall be treated as two-family dwellings with regard to water supply. (9) Delete Exception No. 5 to Section 32.2.3.5.2 and insert in lieu thereof the following new Exception No. 5:Exception No. 5: In facilities up to and including four stories in height, systems in accordance with NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, shall be permitted. All habitable areas and closets shall be sprinklered. (10) Delete Section 32.2.3.5.3. (11) Delete Section 32.2.3.5.4 and insert in lieu thereof the following new section:32.2.3.5.4Automatic sprinkler systems shall be supervised in accordance with Section 9.7. (12) Delete Exception No. 1 to Section 32.2.3.6.1. (13) Delete Section 32.3.1.2.1. (14) Delete Section 32.3.1.2.2 and insert in lieu thereof the following new section:32.3.1.2.2Large facilities shall meet the requirements for limited care facilities in Chapter 18.Exception*: Facilities where the authority having jurisdiction has determined equivalent safety is provided in accordance with Section 1.5. (15) Delete Section 32.3.1.2.3. (16) Delete the Exception to Section 32.3.1.3.3, paragraph (a). (17) Delete Section 32.4.1.4 and insert in lieu thereof the following new section:32.4.1.4 Minimum Construction Requirements.In addition to the requirements of Chapter 30, apartment buildings housing residential board and care facilities shall meet the construction requirements of 18.1.6. In applying the construction requirements, the height shall be determined by the height of the residential board and care facility measured above the primary level of exit discharge.Exception: If the new board and care occupancy is created in an existing apartment building, the construction requirements of 19.1.6 shall apply. (18) Delete Exception No. 2 to Section 32.7.3 and insert in lieu thereof the following new Exception No. 2:Exception No. 2: Those residents who cannot meaningfully assist in their own evacuation or who have special health problems shall not be required to actively participate in the drill. Section 18.7 shall apply in such instances. 205.15(2) Existing intermediate care facilities. Existing intermediate care facilities for the mentally retardedpersons with intellectual disabilities and existing intermediate care facilities for persons with mental illness shall comply with the provisions of one of the following: a. NFPA 101, Life Safety Code, 20002012 edition, Chapter 19. b. NFPA 101, Life Safety Code, 20002012 edition, Chapter 33, with the following amendments:.Note: Any requirement contained in Chapter 33 that is determined on a rating of evacuation capability shall be based upon an evacuation capability rating of “impractical.” Any provision which depends upon an evacuation rating of “prompt” or “slow” shall be unavailable. (1) Delete Section 33.1.7. (2) Delete Section 33.2.1.2.1 and insert in lieu thereof the following new section:33.2.1.2.1Small facilities shall comply with the requirements of Section 33.2.Exception*: Facilities where the authority having jurisdiction has determined equivalent safety is provided in accordance with Section 1.5. (3) Delete Section 33.2.1.2.2 and insert in lieu thereof the following new section:33.2.1.2.2The evacuation capability shall be classified as impractical. (4) Delete Section 33.2.1.3 and insert in lieu thereof the following new section:33.2.1.3 Minimum Construction Requirements.Buildings shall be of any construction type in accordance with 8.2.1 other than Type II(000), Type III(200), or Type V(000) construction.Exception: Buildings protected throughout by an approved, supervised automatic sprinkler system in accordance with 33.2.3.5 shall be permitted to be of any type of construction. (5) Delete Exception No. 1 to Section 33.2.2.1. (6) Delete Section 33.2.2.2.2 and insert in lieu thereof the following new section:33.2.2.2.2The primary means of escape for each sleeping room shall not be exposed to living areas and kitchens.Exception: Buildings equipped with quick-response or residential sprinklers throughout. Standard response sprinklers shall be permitted for use in hazardous areas in accordance with 33.2.3.2. (7) Delete Exception No. 2, Exception No. 3, and Exception No. 4 to Section 33.2.2.4. (8) Delete the Exception to Section 33.2.3.3. (9) Delete Section 33.2.3.5.2 and insert in lieu thereof the following new section:33.2.3.5.2*Where an automatic sprinkler system is installed, for either total or partial building coverage, the system shall be in accordance with Section 9.7 and shall activate the fire alarm system in accordance with 33.2.3.4.1. The adequacy of the water supply shall be documented to the authority having jurisdiction.Exception No. 1: An automatic sprinkler system in accordance with NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, with a 30-minute water supply, shall be permitted. All habitable areas and closets shall be sprinklered. Automatic sprinklers shall not be required in bathrooms not exceeding 55 ft2 (5.1 m2), provided that such spaces are finished with lath and plaster or materials providing a 15-minute thermal barrier.Exception No. 2: In facilities up to and including four stories in height, systems installed in accordance with NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, shall be permitted. All habitable areas and closets shall be sprinklered. Automatic sprinklers shall not be required in bathrooms not exceeding 55 ft2 (5.1 m2), provided that such spaces are finished with lath and plaster or materials providing a 15-minute thermal barrier.Exception No. 3: Initiation of the fire alarm system shall not be required for existing installations in accordance with 33.2.3.5.5. (10) Delete Section 33.2.3.5.3 and insert in lieu thereof the following new section:33.2.3.5.3All facilities shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with 33.2.3.5.2. (11) Delete Exception No. 1 and Exception No. 4 to Section 33.2.3.6.1. (12) Delete Section 33.3.1.1 and insert in lieu thereof the following new section:33.3.1.1 Scope.Section 33.3 applies to residential board and care occupancies providing sleeping accommodations for more than 16 residents. Facilities having sleeping accommodations for not more than 16 residents shall be evaluated in accordance with Section 33.2. (13) Delete Section 33.3.1.2 and insert in lieu thereof the following new section:33.3.1.2 Requirements.Large facilities shall meet the requirements for limited care facilities in Chapter 19.Exception*: Facilities where the authority having jurisdiction has determined equivalent safety is provided in accordance with Section 1.5. (14) Delete the Exception to Section 33.3.1.3.3, paragraph (a). (15) Delete Exception No. 2 to Section 33.3.3.6.1. (16) Delete Exception No. 2 to Section 33.3.3.6.3. (17) Delete Section 33.4.1.3 and insert in lieu thereof the following new section:33.4.1.3 Requirements.33.4.1.3.1Apartment buildings housing board and care facilities shall comply with the requirements of Section 33.4.Exception*: Facilities where the authority having jurisdiction has determined that equivalent safety for housing a residential board and care facility is provided in accordance with Section 1.5.33.4.1.3.2All facilities shall meet the requirements of Chapter 31 and the additional requirements of Section 33.4. (18) Delete Section 33.4.1.4 and insert in lieu thereof the following new section:33.4.1.4 Minimum Construction Requirements.In addition to the requirements of Chapter 31, apartment buildings housing residential board and care facilities shall meet the construction requirements of 19.1.6. In applying the construction requirements, the height shall be determined by the height of the residential board and care facility measured above the primary level of exit discharge. (19) Delete Exception No. 2 to Section 33.7.3 and insert in lieu thereof the following new exception:Exception No. 2: Those residents who cannot meaningfully assist in their own evacuation or who have special health problems shall not be required to actively participate in the drill. Section 19.7 shall apply in such instances. 205.15(3) Alcohol-based hand rub dispensers. Notwithstanding any provisions of the 2000 edition of the Life Safety Code to the contrary, a facility may install alcohol-based hand rub dispensers if: a. Use of alcohol-based hand rub dispensers does not conflict with a local code that prohibits or otherwise restricts the placement of alcohol-based hand rub dispensers in health care facilities; b. The dispensers are installed in a manner that minimizes leaks and spills that could lead to falls; c. The dispensers are installed in a manner that adequately protects against access by vulnerable populations; and d. The dispensers are installed in accordance with Section 18.3.2.7 or Section 19.3.2.7 of the 2000 edition of the Life Safety Code, as amended by NFPA Temporary Interim Amendment 00-1(101), issued by the Standards Council of the National Fire Protection Association on April 15, 2004. ITEM 5. Amend rule 661—205.20(100) as follows:661—205.20(100) Ambulatory health care facilities. 205.20(1) New ambulatory health care facilities. NFPA 101, Life Safety Code, 20002012 edition, Chapter 20, is adopted by reference as the fire safety rules for new ambulatory health care facilities. 205.20(2) Existing ambulatory health care facilities. NFPA 101, Life Safety Code, 20002012 edition, Chapter 21, is adopted by reference as the fire safety rules for existing ambulatory health care facilities, with the following amendments:.Section 21.2.9.1 is not effective prior to March 13, 2006. 205.20(3) Alcohol-based hand rub dispensers. Notwithstanding any provisions of the 2000 edition of the Life Safety Code to the contrary, an ambulatory health care facility may place alcohol-based hand rub dispensers in its facility if: a. Use of alcohol-based hand rub dispensers does not conflict with a local code that prohibits or otherwise restricts the placement of alcohol-based hand rub dispensers in health care facilities; b. The dispensers are installed in a manner that minimizes leaks and spills that could lead to falls; c. The dispensers are installed in a manner that adequately protects against access by vulnerable populations; and d. The dispensers are installed in accordance with the following provisions: (1) Where dispensers are installed in a corridor, the corridor shall have a minimum width of 6 ft (1.8 m); (2) The maximum individual dispenser fluid capacity shall be:- 0.3 gallons (1.2 liters) for dispensers in rooms, corridors, and areas open to corridors;
- 0.5 gallons (2.0 liters) for dispensers in suites of rooms;
Pursuant to the authority of Iowa Code sections 421.14 and 422.68, the Iowa Department of Revenue hereby amends Chapter 43, “Assessments and Refunds,” Iowa Administrative Code. This amendment is necessary to implement changes to the administration of certain income tax checkoffs that are contained in 2016 Iowa Acts, House File 2459, and 2017 Iowa Acts, House File 242. 2016 Iowa Acts, House File 2459, updated the automatic repeal dates for certain checkoffs allowed on the individual income tax return to indicate that the checkoffs which currently appear on the form will not be subject to automatic repeal until 2019. 2017 Iowa Acts, House File 242, changed the tax years in which designations to the Iowa election campaign fund are allowable to reflect the repeal of the election campaign fund. The amendment also rescinds several subrules that implemented checkoffs that are no longer in effect, and the remaining subrules are renumbered to account for this change. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3413C on October 25, 2017. No public comments were received in relation to this rule making. This amendment is identical to that published under Notice of Intended Action. Any person who believes that the application of the discretionary provisions of these rules would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 701—7.28(17A). The Department of Revenue adopted this amendment on November 29, 2017. After analysis and review of this rule making, the Department finds that this amendment is not likely to have a significant impact on jobs. This amendment is intended to implement Iowa Code section 422.12E as amended by 2016 Iowa Acts, House File 2459, and Iowa Code sections 68A.601 and 422.12J as amended by 2017 Iowa Acts, House File 242. This amendment will become effective January 24, 2018. The following amendment is adopted.
ITEM 1. Amend rule 701—43.4(68A,422,456A) as follows:701—43.4(68A,422,456A) Optional designations of funds by taxpayer. 43.4(1) Iowa fish and game protection fund. The taxpayer may designate an amount to be donated to the Iowa fish and game protection fund. The donation must be $1 or more, and the designation must be made on the original return for the current year. The donation is allowed only after obligations of the taxpayer to the department of revenue, the child support recovery unit of the department of human services, the foster care recovery unit of the department of human services, the college student aid commission, the office of investigations of the department of human services, the district courts,and other state agencies, and the Iowa election campaign checkoff have been satisfied. The designation to the fund is irrevocable and cannot be made on an amended return. If the amount of refund claimed on the original return or the payment remitted with the return is adjusted by the department, the amount of the designation to the fund may be adjusted accordingly. 43.4(2) Iowa election campaign fund. AFor tax years beginning before January 1, 2017, a person with a tax liability of $1.50 or more on the Iowa individual income tax return may direct or designate that a $1.50 contribution be made to a specific political party or that the contribution be made to the Iowa election campaign fund to be shared by all political parties as clarified further in this paragraph. In the case of married taxpayers filing a joint Iowa individual return with a tax liability of $3.00 or more, each spouse may direct or designate that a $1.50 contribution be made to a specific political party or that a $1.50 contribution be made to the Iowa election campaign fund as a contribution to be shared by all political parties. The designation or direction of a contribution to a political party or to the election campaign fund is irrevocable and cannot be changed on an amended return. The designation to a political party or the election campaign fund is allowed only after obligations of the taxpayer to the department of revenue, the child support recovery unit of the department of human services, the foster care recovery unit of the department of human services, the college student aid commission, the office of investigations of the department of human services, the district courts and other state agencies are satisfied. Note that for purposes of this subrule, “political party” means a party as defined in Iowa Code section 43.2.In a tax yearbeginning before January 1, 2017, when there are two political parties for purposes of the Iowa election campaign fund, all undesignated contributions to the fund made on individual income tax returns for that tax year are to be divided equally between the two parties. In a tax yearbeginning before January 1, 2017, where there are more than two political parties for purposes of the Iowa election campaign fund, all undesignated contributions to the fund made on income tax returns for that tax year are to be divided among the political parties on the basis of the number of registered voters for a particular political party on December 31 of that tax year to the total number of registered voters on December 31 of that tax year that have declared an affiliation with any of the recognized political parties.Thus, if there were 400,000 registered voters for “x” political party, 500,000 registered voters for “y” political party, and 100,000 registered voters for “z” political party on December 31 of a tax yearbeginning before January 1, 2017, where there were three recognized political parties, 40 percent of the undesignated political contributions on 1997that year’s returns would be paid to “x” political party since 40 percent of the registered voters with an affiliation to a political party on December 31 had an affiliation with party “x” on that day. 43.4(3) Domestic abuse services checkoff. Rescinded IAB 11/30/11, effective 1/4/12. 43.(4) 43.4(3) State fair foundation fund checkoff. For tax years beginning on or after January 1, 1993, aA taxpayer filing a state individual income tax return can designate a checkoff of $1 or more to the foundation fund of the Iowa state fair foundation. If the overpayment on the return or the payment made with the filing of the return is not sufficient to cover the amount designated to the foundation fund checkoff, the amount credited to the foundation fund checkoff will be reduced accordingly. The designation to the foundation fund checkoff is irrevocable.A designation to the foundation fund checkoff may be allowed only after obligations of the taxpayer to the department of revenue, the child support recovery unit of the department of human services, the foster care recovery unit of the department of human services, the college student aid commission, the office of investigations of the department of human services, the district courts, other state agencies, the Iowa election campaign checkoff, and the Iowa fish and game protection fund checkoff are satisfied.On or before January 31 of the year following the year in which returns with the foundation fund checkoff are due, the department of revenue shall transfer the total amount designated to the foundation fund. 43.(5) 43.4(4) Limitation of checkoffs on the individual income tax return. For tax years beginning on or after January 1, 1995, but before January 1, 2004, no more than three checkoffs are allowed on the individual income tax return. The election campaign fund checkoff is not considered for purposes of limiting the number of checkoffs on the income tax return. When the same three checkoffs have been provided on the income tax return for three consecutive years, the checkoff for which the least amount has been contributed in the aggregate for the first two years and through March 15 of the third tax year will be repealed.For example, the 1999 Iowa individual income tax return due in 2000 includes checkoffs A, B and C which also were shown on the Iowa returns for 1997, 1998 and 1999. Through March 15, 2000, $90,000 was contributed on the 1997, 1998 and 1999 returns for checkoff A, $60,000 was contributed for checkoff B and $120,000 for checkoff C. Since the least amount contributed in the aggregate was for checkoff B, that checkoff is repealed and will not appear on the 2000 Iowa income tax return to be filed in 2001.For tax years beginning on or after January 1, 20042019, no more than four checkoffs are allowed on the individual income tax return. The election campaign fund checkoff is not considered for purposes of limiting the number of checkoffs on the income tax return. WhenFor tax years beginning on or after January 1, 2017, when the same four checkoffs have been provided on the income tax return for two consecutive years, the two checkoffs for which the least amount has been contributed in the aggregate for the first year and through March 15 of the second tax year will be repealed.If more checkoffs are enacted in the same session of the general assembly than there is space for inclusion on the individual income tax return form, the earliest enacted checkoffs for which there is space will be included on the income tax return form, and all other checkoffs enacted during that session of the general assembly are repealed. If the same session of the general assembly enacts more checkoffs on the same day than there is space for inclusion on the individual income tax form, the director of revenue shall determine which checkoffs shall be included on the individual income tax form. 43.4(6) Keep Iowa beautiful fund checkoff. For tax years beginning on or after January 1, 2001, but before January 1, 2006, a taxpayer filing an individual income tax return can designate a checkoff of $1 or more to the keep Iowa beautiful fund. If the refund due on the return or the payment remitted with the return is insufficient to pay the additional amount designated by the taxpayer to the keep Iowa beautiful fund, the amount credited to the keep Iowa beautiful fund will be reduced accordingly. Once the taxpayer has designated a contribution to the keep Iowa beautiful fund on an individual income tax return filed with the department of revenue, the taxpayer cannot amend the designation.A designation to the keep Iowa beautiful checkoff may be allowed only after obligations of the taxpayer to the department of revenue, the child support recovery unit of the department of human services, the foster care recovery unit of the department of human services, the college student aid commission, the office of investigations of the department of human services, the district courts, other state agencies, the Iowa election campaign checkoff, the Iowa fish and game protection fund checkoff and the state fair foundation checkoff are satisfied.On or before January 31 of the year following the year in which Iowa income tax returns with contributions to the keep Iowa beautiful fund are due, the department of revenue shall transfer the total amount designated to the keep Iowa beautiful fund. 43.4(7) Volunteer fire fighter preparedness fund checkoff. For tax years beginning on or after January 1, 2004, but before January 1, 2006, a taxpayer filing an individual income tax return can designate a checkoff of $1 or more to the volunteer fire fighter preparedness fund. If the refund due on the return or the payment remitted with the return is insufficient to pay the additional amount designated by the taxpayer to the volunteer fire fighter preparedness fund, the amount credited to the volunteer fire fighter preparedness fund will be reduced accordingly. Once the taxpayer has designated a contribution to the volunteer fire fighter preparedness fund on an individual income tax return filed with the department of revenue, the taxpayer cannot amend that designation.A designation to the volunteer fire fighter preparedness fund checkoff may be allowed only after obligations of the taxpayer to the department of revenue, the child support recovery unit of the department of human services, the foster care recovery unit of the department of human services, the college student aid commission, the office of investigations of the department of human services, the district courts, other state agencies, the Iowa election campaign checkoff, the Iowa fish and game protection fund checkoff, the state fair foundation checkoff and the keep Iowa beautiful fund checkoff are satisfied.On or before January 31 of the year following the year in which Iowa income tax returns with contributions to the volunteer fire fighter preparedness fund are due, the department of revenue is to certify to the state treasurer the amount designated to the volunteer fire fighter preparedness fund on those returns. 43.4(8) Veterans trust fund checkoff. For tax years beginning on or after January 1, 2006, but before January 1, 2008, a taxpayer filing an individual income tax return can designate a checkoff of $1 or more to the veterans trust fund. If the refund due on the return or the payment remitted with the return is insufficient to pay the additional amount designated by the taxpayer to the veterans trust fund, the amount credited to the veterans trust fund will be reduced accordingly. Once the taxpayer has designated a contribution to the veterans trust fund on an individual income tax return filed with the department of revenue, the taxpayer cannot amend that designation.A designation to the veterans trust fund checkoff may be allowed only after obligations of the taxpayer to the department of revenue, the child support recovery unit of the department of human services, the foster care recovery unit of the department of human services, the college student aid commission, the office of investigations of the department of human services, the district courts, other state agencies, the Iowa election campaign checkoff, the Iowa fish and game protection fund checkoff and the state fair foundation checkoff are satisfied.On or before January 31 of the year following the year in which Iowa income tax returns with contributions to the veterans trust fund are due, the department of revenue shall transfer the total amount designated to the veterans trust fund. 43.4(9) Joint keep Iowa beautiful fund and volunteer fire fighter preparedness fund checkoff. For tax years beginning on or after January 1, 2006, but before January 1, 2008, a taxpayer filing an individual income tax return can designate a checkoff of $1 or more to the joint keep Iowa beautiful fund and volunteer fire fighter preparedness fund. If the refund due on the return or the payment remitted with the return is insufficient to pay the additional amount designated by the taxpayer to the joint keep Iowa beautiful fund and volunteer fire fighter preparedness fund, the amount credited to the joint keep Iowa beautiful fund and volunteer fire fighter preparedness fund will be reduced accordingly. Once the taxpayer has designated a contribution to the joint keep Iowa beautiful fund and volunteer fire fighter preparedness fund on an individual income tax return filed with the department of revenue, the taxpayer cannot amend that designation.A designation to the joint keep Iowa beautiful fund and volunteer fire fighter preparedness fund checkoff may be allowed only after obligations of the taxpayer to the department of revenue, the child support recovery unit of the department of human services, the foster care recovery unit of the department of human services, the college student aid commission, the office of investigations of the department of human services, the district courts, other state agencies, the Iowa election campaign checkoff, the Iowa fish and game protection fund checkoff, the state fair foundation checkoff and the veterans trust fund checkoff are satisfied.On or before January 31 of the year following the year in which Iowa income tax returns with contributions to the joint keep Iowa beautiful fund and volunteer fire fighter preparedness fund are due, the department of revenue shall transfer one-half of the total amount designated to the keep Iowa beautiful fund, and the remaining one-half will be transferred to the volunteer fire fighter preparedness fund. 43.(10) 43.4(5) Child abuse prevention program fund checkoff. For tax years beginning on or after January 1, 2008, aA taxpayer filing an individual income tax return can designate a checkoff of $1 or more to the child abuse prevention program fund. If the refund due on the return or the payment remitted with the return is insufficient to pay the additional amount designated by the taxpayer to the child abuse prevention program fund, the amount credited to the child abuse prevention program fund will be reduced accordingly. Once the taxpayer has designated a contribution to the child abuse prevention program fund on an individual income tax return filed with the department of revenue, the taxpayer cannot amend that designation.A designation to the child abuse prevention program fund checkoff may be allowed only after obligations of the taxpayer to the department of revenue, the child support recovery unit of the department of human services, the foster care recovery unit of the department of human services, the college student aid commission, the office of investigations of the department of human services, the district courts, other state agencies, the Iowa election campaign checkoff, the Iowa fish and game protection fund checkoff and the state fair foundation fund checkoff are satisfied.On or before January 31 of the year following the year in which Iowa income tax returns with contributions to the child abuse prevention program fund are due, the department of revenue shall transfer the total amount designated to the child abuse prevention program fund. 43.(11) 43.4(6) Joint veterans trust fund and volunteer fire fighter preparedness fund checkoff. For tax years beginning on or after January 1, 2008, aA taxpayer filing an individual income tax return can designate a checkoff of $1 or more to the joint veterans trust fund and volunteer fire fighter preparedness fund. If the refund due on the return or the payment remitted with the return is insufficient to pay the additional amount designated by the taxpayer to the joint veterans trust fund and volunteer fire fighter preparedness fund, the amount credited to the joint veterans trust fund and volunteer fire fighter preparedness fund will be reduced accordingly. Once the taxpayer has designated a contribution to the joint veterans trust fund and volunteer fire fighter preparedness fund on an individual income tax return filed with the department of revenue, the taxpayer cannot amend that designation.A designation to the joint veterans trust fund and volunteer fire fighter preparedness fund checkoff may be allowed only after obligations of the taxpayer to the department of revenue, the child support recovery unit of the department of human services, the foster care recovery unit of the department of human services, the college student aid commission, the office of investigations of the department of human services, the district courts, other state agencies, the Iowa election campaign checkoff, the Iowa fish and game protection fund checkoff, the state fair foundation fund checkoff and the child abuse prevention program fund checkoff are satisfied.On or before January 31 of the year following the year in which Iowa income tax returns with contributions to the joint veterans trust fund and volunteer fire fighter preparedness fund are due, the department of revenue shall transfer one-half of the total amount designated to the veterans trust fund, and the remaining one-half will be transferred to the volunteer fire fighter preparedness fund. This rule is intended to implement Iowa Code sections 422.12D, 422.12E, 422.12H,422.12J,422.12K and 422.12L, 2016 Iowa Acts, House File 2459, and 2014 Iowa Acts, House File 24732017 Iowa Acts, House File 242. [Filed 11/29/17, effective 1/24/18][Published 12/20/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/20/17.ARC 3528CWorkers’ Compensation Division[876]Adopted and FiledPursuant to the authority of Iowa Code section 86.8, the Workers’ Compensation Commissioner hereby amends Chapter 1, “Purpose and Function,” Chapter 2, “General Provisions,” Chapter 3, “Forms,” Chapter 4, “Contested Cases,” Chapter 5, “Declaratory Orders,” Chapter 6, “Settlements and Commutations,” Chapter 8, “Substantive and Interpretative Rules,” and Chapter 12, “Formal Review and Waiver of Rules,” Iowa Administrative Code. These amendments relate to recent changes enacted in 2017 involving Iowa Code chapter 85, concerning the evaluation of permanent impairments under Iowa Code section 85.34, vocational training and education under Iowa Code section 85.70(2), suitable work under Iowa Code section 85.33, and commutations under Iowa Code section 85.45. These amendments also update agency addresses, agency telephone numbers, and statutory references. Cross references in these rules to provisions of Iowa Code chapter 85 should be understood to include the amendments enacted in 2017 Iowa Acts, House File 518. Prior to filing the Notice of Intended Action, the Workers’ Compensation Commissioner sought input and comments from stakeholders. Comments were received from the Iowa Association of Business and Industry. The comments were considered in drafting the amendments. Notice of Intended Action was published in the Iowa Administrative Bulletin on October 25, 2017, as ARC 3414C. Comments were received from the Iowa Association of Business and Industry on November 13, 2017. The rule making was on the agenda for the Administrative Rules Review Committee meeting on November 14, 2017. Comments were also received from the Iowa Association of Business and Industry at that time. The Workers’ Compensation Commissioner considered the comments received and determined that no changes would be made from the amendments published under Notice. After analysis and review, the fiscal impact remains the same as the estimates published in the Final Action Fiscal Note for 2017 Iowa Acts, House File 518. Changes pertaining to how injuries to shoulders and permanent partial disability injuries are addressed will result in an estimated reduction in benefit payments from the state’s Workers’ Compensation Fund to state workers of $1.8 million annually beginning with fiscal year 2018. The Workforce Development Department may utilize an additional 2.0 full-time equivalent positions and $144,000 annually in salary and benefit funding to address all of the changes related to the enactment of House File 518. The estimate includes the cost to administer the shoulder training program, but does not include the actual cost of the training. Little or no impact on the State is anticipated from the changes related to the offer of suitable work. These amendments will have no impact on small business within the meaning of Iowa Code section 17A.4A. These amendments do not include a waiver provision because rule 876—12.4(17A) provides the specified situations for waiver of Workers’ Compensation Division rules. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapter 85 as amended by 2017 Iowa Acts, House File 518. These amendments will become effective January 24, 2018. The following amendments are adopted.
ITEM 1. Amend rule 876—1.2(86,17A) as follows:876—1.2(86,17A) Location. Interested persons may contact the Iowa Workers’ Compensation Commissioner, 1000 East Grand Avenue(mailing address), 150 Des Moines Street (physical location), Des Moines, Iowa 50319; telephone (515)281-5387(515)725-4120 or 1-800-Job-Iowa (1-800-562-4692)1-800-645-4583. The fax number is (515)281-6501. The Web site address is http://www.iowaworkforce.org/wc. ITEM 2. Amend rule 876—2.4(85,86) as follows:876—2.4(85,86) Guides to evaluation of permanent impairment. The Guides to the Evaluation of Permanent Impairment, Fifth Edition, published by the American Medical Association are adopted as a guide for determiningthe extent of loss or percentage of impairment for permanent partial disabilitiesand payment of weekly compensation for permanent partial scheduled injuries under Iowa Code section 85.34(2)“a” to “s.”85.34(2) not involving a determination of reduction in an employee’s earning capacity.The extent of loss or percentage of permanent impairment may be determined by use of the Fifth Edition of the guides and payment of weekly compensation for permanent partial scheduled injuries made accordingly. Payment so made shall be recognized by the workers’ compensation commissioner as a prima facie showing of compliance by the employer or insurance carrier with the foregoing sections of the Iowa workers’ compensation Act. Nothing in this rule shall be construed to prevent the presentations of other medical opinions or other material evidence for the purpose of establishing that the degree of permanent disability to which the claimant would be entitled would be more or less than the entitlement indicated in the Fifth Edition of the AMA guidesGuides to the Evaluation of Permanent Impairment, Fifth Edition, when the reduction in earning capacity for all other permanent partial and permanent total disabilities is determined. This rule is intended to implement Iowa Code sections 85.34(2) and 86.8. ITEM 3. Amend subrule 3.1(7) as follows: 3.1(7) Form—original notice and petition. The following forms are types of original notice and petition: original notice and petition—Form 100 (Form No. 14-0005); original notice, petition, answer and order concerning independent medical examination—Form 100A (Form No. 14-0007); original notice, petition, answer and order concerning vocational rehabilitation program benefit—Form 100B (Form No. 14-0009); original notice, petition, and answer concerning application for alternate medical care—Form 100C (Form No. 14-0011);original notice, petition, and answer concerning application for vocational training and education—Form 100D (Form No. 14-0012); original notice and petition for full commutation of all remaining benefits of ten weeks or more 876 IAC 6.2(6)—Form 9 (Form No. 14-0013); checklist for full commutation (Form No. 14-0015); original notice and petition and order for partial commutation—Form 9A (Form No. 14-0017); and checklist for partial commutation (Form No. 14-0019). See rule 876—4.6(85,86,17A) for further descriptions. ITEM 4. Amend subrule 3.1(21) as follows: 3.1(21) Form—agreement for settlement. (Form No. 14-0021) This form is used to file an agreement for settlement pursuant to Iowa Code Supplement section 85.35(2). ITEM 5. Amend subrule 3.1(22) as follows: 3.1(22) Form—compromise settlement. (Form No. 14-0025) This form is used to file a compromise settlement pursuant to Iowa Code Supplement section 85.35(3). ITEM 6. Amend subrule 3.1(23) as follows: 3.1(23) Form—combination settlement. (Form No. 14-0159) This form is used to file a combination settlement pursuant to Iowa Code Supplement section 85.35(4). ITEM 7. Amend subrule 3.1(24) as follows: 3.1(24) Form—contingent settlement. (Form No. 14-0161) This form is used to file a contingent settlement pursuant to Iowa Code Supplement section 85.35(5). ITEM 8. Amend rule 876—4.1(85,85A,85B,86,87,17A) as follows:876—4.1(85,85A,85B,86,87,17A) Contested cases. Contested case proceedings before the workers’ compensation commissioner are: 4.1(1) Arbitration (Iowa Code section 86.14). 4.1(2) Review of award or settlement (review-reopening,Iowa Code section 86.14). 4.1(3) Benefits underIowa Code section 85.27. 4.1(4) Death and burial benefits (Iowa Codesections 85.28, 85.29, 85.31). 4.1(5) Determination of dependency (Iowa Codesections 85.42, 85.43, 85.44). 4.1(6) Equitable apportionment (Iowa Codesection 85.43). 4.1(7) Second injury fund (Iowa Codesection 85.63 et seq.). 4.1(8) Vocational rehabilitation benefits (Iowa Codesection 85.7085.70(1)). 4.1(9) Vocational training and education (Iowa Code section 85.70(2)). 4.(9) 4.1(10) Approval of fees underIowa Code section 86.39. 4.(10) 4.1(11) Commutation (Iowa Codesection 85.45 et seq.). 4.(11) 4.1(12) Employee’s examination (Iowa Codesection 85.39). 4.(12) 4.1(13) Employer’s examination or sanctions (Iowa Codesection 85.39). 4.(13) 4.1(14) Determination of compliance withIowa Code chapters 85, 85A, 85B, 86, and 87. 4.(14) 4.1(15) Applications for alternate medical care (Iowa Codesection 85.27). 4.(15) 4.1(16) Determination of liability, reimbursement for benefits paid and recovery of interest (Iowa Codesection 85.21). 4.(16) 4.1(17) Interest (Iowa Codesection 85.30). 4.(17) 4.1(18) Penalty (Iowa Codesection 86.13). 4.(18) 4.1(19) Application for approval of third-party settlement (Iowa Codesection 85.22). 4.(19) 4.1(20) Matters that would be a contested case if there were a dispute over the existence of material facts. 4.(20) 4.1(21) Any other issue determinable upon evidential hearing which is under the jurisdiction of the workers’ compensation commissioner. This rule is intended to implement the provisions of Iowa Code sections 17A.2(2) and 86.8 and the statutory sections noted in each category of the rule. ITEM 9. Amend rule 876—4.4(86) as follows:876—4.4(86) Request for hearing. Unless otherwise ordered, a hearing shall not be held in proceedings under 4.1(8) to 4.1(12)4.1(13), unless requested in writing by the petitioner in the original notice or petition or by the respondent within ten days following the time allowed by these rules for appearance. ITEM 10. Amend rule 876—4.5(86) as follows:876—4.5(86) Commencement by commissioner. In addition to an aggrieved party, the commissioner may initiate proceedings under 4.1(9)4.1(10). The proceeding may be held before a deputy commissioner or the commissioner. The workers’ compensation commissioner shall be the only person to commence a proceeding under 4.1(13)4.1(14), unless such authority is specifically delegated by the workers’ compensation commissioner to a deputy commissioner concerning a specific matter. ITEM 11. Amend rule 876—4.6(85,86,17A) as follows:876—4.6(85,86,17A) Original notice and petition. A petition or application must be delivered or filed with the original notice unless original notice Form 100, Form 100A,or Form 100B, or Form 100D of the division of workers’ compensation is used.The original notice Form 100, Form 100A, Form 100B, Form 100C,Form 100D, or a determination of liability reimbursement for benefits paid and recovery of interest form shall provide for the data required in Iowa Code section 17A.12(2) and shall contain factors relevant to the contested case proceedings listed in 876—4.1(85,85A,85B,86,87,17A). Form 100 is to be used for all contested case proceedings except as indicated in this rule. Form 100A is to be used for the contested case proceedings provided for in subrules 4.1(11) and 4.1(12)and 4.1(13). Form 100B is to be used for the contested case proceeding provided for in subrule 4.1(8). Form 100C is to be used for the contested case proceeding provided for in subrule 4.1(14)4.1(15) and rule 876—4.48(17A,85,86).Form 100D is to be used for the contested case proceeding provided for in rule 876—4.50(85). The application and consent order for payment of benefits under Iowa Code section 85.21 is to be used for contested case proceedings brought under Iowa Code section 85.21. When a commutation is sought, Form No. 9 or Form No. 9A must be filed in addition to any other document. The petition for declaratory order, approval of attorney fees, determination of compliance and other proceedings not covered in the original notice forms must accompany the original notice.At the same time and in the same manner as service of the original notice and petition, the claimant shall serve a patient’s waiver using Form 14-0043 (authorization for release of information regarding claimants seeking workers’ compensation benefits), or a substantially equivalent form, which shall not be revoked until conclusion of the contested case. The claimant shall provide the patient’s waivers in other forms and update the patient’s waivers as necessary to permit full disclosure of discoverable information whenever requested by a medical practitioner or institution.For all original notices and petitions filed on or after January 1, 2003, aA separate original notice and petition shall be filed for each claim that seeks benefits due to the occurrence of an injury, occupational disease or occupational hearing loss. The original notice and petition shall allege a specific date of occurrence consisting of a day, month and year. Alternate or multiple dates of occurrence may be alleged in the same original notice and petition if the claim or claims arose from the same occurrence or series of occurrences and uncertainty exists concerning the correct date of occurrence or the number of occurrences. An employee may join any number of employers or insurance carriers in the same original notice and petition if the claim is made against them jointly, severally or in the alternative. The remedy for misjoinder must be requested by motion within a reasonable time after the grounds become known, but in no event later than the claimant’s case preparation completion date. All remedies will be applied without prejudice to any claim or defense. In addition to the remedies contained in Iowa Rule of Civil Procedure 1.236, the workers’ compensation commissioner may order that parts of a claim be severed and proceeded with separately or that separate related claims be joined or consolidated for administrative convenience or for any good cause. If a correction is ordered but not made by a date specified in the order, the original notice and petition may be dismissed without further notice. If the correction is made within the specified time, the correction relates back to the date of the initial filing for purposes of the statute of limitations. This rule is intended to implement the provisions of Iowa Code sections 85.27, 85.45, 85.48, and 17A.12. ITEM 12. Amend paragraph 4.8(2)"a" as follows: a. For all original notices and petitions for arbitration or review-reopening relating to weekly benefits filed on account of each injury, gradual or cumulative injury, occupational disease or occupational hearing loss alleged, a filing fee shall be paid at the time of filing. The filing fee for original notices and petitions filed on or after July 1, 1988, but before July 1, 2009, is $65. The filing fee for petitions filed on or after July 1, 2009, is $100. No filing fee is due for the filing of other actions where the sole relief sought is one of the following or a combination of any of them: medical and other benefits under Iowa Code section 85.27; burial benefits, Iowa Code section 85.28; determination of dependency, Iowa Code sections 85.42, 85.43, and 85.44; equitable apportionment, Iowa Code section 85.43; second injury fund, Iowa Code sections 85.63 to 85.69; vocational rehabilitation benefits, Iowa Code section 85.7085.70(1); vocational training and education benefits, Iowa Code section 85.70(2); approval of legal, medical and other fees under Iowa Code section 86.39; commutation, Iowa Code sections 85.45 to 85.48; employee’s examination, Iowa Code section 85.39; employee’s examination or sanctions, Iowa Code section 85.39; application for alternate care, Iowa Code section 85.27; determination of liability, reimbursement for benefits paid and recovery of interest, Iowa Code section 85.21; interest, Iowa Code section 85.30; penalty, Iowa Code section 86.13; application for approval of third-party settlement, Iowa Code section 85.22; and petitions for declaratory orders or petitions for interventions filed pursuant to 876—Chapter 5. An amendment to a petition that was filed on or after July 1, 1988, that alleges an additional or alternate date of occurrence does not require payment of an additional filing fee if a filing fee was paid when the petition was filed. ITEM 13. Amend subrule 4.9(8) as follows: 4.9(8) Withdrawal of counsel. Counsel may withdraw if another counsel has appeared or if the client’s written consent accompanies the withdrawal.Under all other circumstances, counsel may withdraw only upon the order of the workers’ compensation commissioner after making written application. Counsel shall give the client written notice that the client has the right to object to the withdrawal by deliveringfiling written objections and a request for a hearing to the Division of Workers’ Compensation, 1000 East Grand Avenue, Des Moines, Iowa 50319, when filing by mail, or 150 Des Moines Street, Des Moines, Iowa 50319, when filing in person, within ten days following the date the notice was mailed or personally delivered to the client. Counsel’s application shall be accompanied by proof that a copy of the application and notice was sent by certified mail addressed to the client’s last-known address or was delivered to the client personally. If no objections are timely filed, the withdrawal will become effective when approved by the workers’ compensation commissioner. If objections are timely filed, a hearing on the application will be held. No withdrawal under this subrule will be effective without the approval of the workers’ compensation commissioner. The filing of an application to withdraw stays all pending matters until a ruling is made on the application. ITEM 14. Adopt the following new rule 876—4.50(85):876—4.50(85) Vocational training, education, and supplies. 4.50(1) Purpose. The purpose of this rule is to establish the procedures for issuing decisions on applications for vocational training, education, and supplies provided for in Iowa Code section 85.70(2). 4.50(2) Definitions. The following definitions apply to this rule: "Application for vocational training and education hearing" "application" means a contested case proceeding filed with the division of workers’ compensation contesting the results of an evaluation and determination or contesting or requesting the termination of a vocational training and education program. "Evaluation and determination" means an assessment conducted by the department of workforce development to determine if the employee would benefit from a vocational training and education program offered through an area community college to allow the employee to return to the workforce. "Request for vocational training and education" "request" means a written request for an evaluation and determination of whether an employee is entitled to vocational training, education, and supplies. "Vocational training and education" shall include general educational development programs for employees who have not graduated from high school or obtained a general education diploma, and career and technical education programs that provide instruction in the areas of agriculture, family and consumer sciences, health occupations, business, industrial technology, and marketing, offered through an area community college that will allow the employee to return to the workforce. 4.50(3) Application for vocational training and education. An application shall: a. Only concern the issue of vocational training, education, and supplies; b. Be filed on the form provided by the division of workers’ compensation; c. State the reasons for the application; d. Be served on the other party; e. Contain a proof of service on the other party; and f. Specify whether a telephone or in-person hearing is requested. 4.50(4) Fee. No filing fee is due. See paragraph 4.8(2)“a.” 4.50(5) Request for vocational education and training. Prior to filing an application, the employee shall complete a request on a form supplied by the department of workforce development and submit the completed form to the department of workforce development asking for an evaluation and determination. The employee, employer, or insurance carrier may contest the results of the evaluation and determination by filing an application with the division of workers’ compensation. 4.50(6) Proper application. An application may not be filed under this rule until: a. An evaluation and determination has been made by the department of workforce development; and b. There has been a finding by the division of workers’ compensation or the employer or the employer’s insurance carrier or both and the employee agree that the employee has sustained an injury to the shoulder resulting in a permanent partial disability for which compensation is payable under Iowa Code section 85.34(2)“n,” and the employee cannot return to gainful employment because of such disability. 4.50(7) Notice of hearing. The workers’ compensation commissioner shall notify the parties by electronic mail, ordinary mail, or facsimile of the time, place, and nature of the hearing. No notice will be made until a proper application is received by the workers’ compensation commissioner. The notice shall specify whether the hearing will be held by telephone or in person. 4.50(8) Evidence. Any written evidence to be used by the employer, the employer’s insurance carrier, or the employee must be exchanged prior to the hearing. All written evidence must be filed with the agency before the date of hearing. Written evidence shall be limited to 50 pages per party. 4.50(9) Motion to change hearing type. A timely motion to change the type of hearing (telephone or in-person) may be considered prior to the hearing. The workers’ compensation commissioner will make no rulings on motions. 4.50(10) Briefs. Hearing briefs, if any, must be filed with the agency before the date of the hearing and shall be limited to five pages. 4.50(11) Hearing. The hearing will be held either by telephone or in person in Des Moines, Iowa. If the party filing the application does not request an in-person hearing in the application, the other parties may request an in-person hearing. The hearing will be recorded electronically. Copies of the recording will be provided to the parties. If there is an appeal of a proposed decision or judicial review of final agency action, the appealing party is responsible for filing a transcript of the hearing. A transcript shall be provided by the appealing party pursuant to Iowa Code section 86.24(4) and a copy of the transcript shall be served on the opposing party at the time the transcript is filed with the workers’ compensation commissioner, unless the parties submit an agreed-upon transcript. If a party disputes the accuracy of any transcript prepared by the opposing party, that party shall submit its contentions to the workers’ compensation commissioner for resolution. Any transcription charges incurred by the workers’ compensation commissioner in resolving the dispute shall be initially paid by the party that disputes the accuracy of the transcript, pursuant to Iowa Code section 86.19(1). 4.50(12) Represented party. A party may be represented as provided in Iowa Code section 631.14. The presiding deputy may permit a party who is a natural person to be assisted during a hearing by any person who does so without cost to that party if the assistance promotes full and fair disclosure of the facts or otherwise enhances the conduct of the hearing. The employer and the employer’s insurance carrier shall be treated as one party unless their interests appear to be in conflict, and a representative of either the employer or the employer’s insurance carrier shall be deemed to be a representative of both unless notice to the contrary is given. 4.50(13) Decision. A decision will be issued within 30 working days of receipt of a proper application. This rule is intended to implement Iowa Code sections 17A.12, 85.70(2), and 86.17. ITEM 15. Amend subrule 5.6(2) as follows: 5.6(2) Filing. All petitions for declaratory orders, petitions for intervention, briefs, or other papers in a proceeding for a declaratory order shall be filed with the Workers’ Compensation Commissioner, 1000 E. Grand, Des Moines, Iowa 50319-0209, when filed by mail, or 150 Des Moines Street, Des Moines, Iowa 50319, when filed in person. ITEM 16. Amend rule 876—6.1(85,86) as follows:876—6.1(85,86) Settlements under Iowa Code Supplement section 85.35. All proposed settlements shall be submitted to the workers’ compensation commissioner for approval. An agreement for settlement pursuant to Iowa Code Supplement section 85.35(2) shall be on Form 14-0021. A compromise settlement pursuant to Iowa Code Supplement section 85.35(3) shall be on Form 14-0025. A combination settlement pursuant to Iowa Code Supplement section 85.35(4) shall be on Form 14-0159. A contingent settlement pursuant to Iowa Code Supplement section 85.35(5) shall be on Form 14-0161. 6.1(1) Evidence that a settlement should be approved as required by Iowa Code Supplement section 85.35(7) shall accompany the settlement or be incorporated into the settlement forms. It is presumed that the showing required by Iowa Code Supplement section 85.35(7) has been made if the claimant is represented by an attorney licensed to practice law in this state. 6.1(2) The documents for a compromise settlement shall identify either the specific date or dates of injury or the specific injurious condition or conditions, or both. The documents for a compromise settlement, including any addendum to the documents, shall not contain any language that either expressly states or implies that the proposed compromise settlement is a final settlement of any and all injuries, known or unknown, that an employee may have sustained while employed by the employer. If a compromise settlement is submitted that does not comply with this subrule, the workers’ compensation commissioner shall return the proposed compromise settlement to the party whothat submitted it. 6.1(3) Approval of a compromise settlement pursuant to Iowa Code Supplement section 85.35(3) is a final bar to rights under the Iowa Workers’ Compensation Law, and the approved compromise settlement is not subject to review under Iowa Code section 85.26(2). 6.1(4) Nothing in this rule shall prohibit the approval of settlements in other appropriate cases when allowed by Iowa Code Supplement section 85.35(7). This rule is intended to implement Iowa Code Supplement section 85.35. ITEM 17. Amend rule 876—6.2(85,86) as follows:876—6.2(85,86) Commutation. The following requirements must be met before an uncontesteda commutation will be considered or granted: 6.2(1) A first report of injury, an acknowledgment of compensability and an updated supplemental claim activity report must be filed. 6.2(2) The commutation forms provided for in 876—6.4(85,86) must be filed. 6.2(3) All doctors’ and practitioners’ reports relevant to the disability of the claimant involved in the commutation must be attached to the commutation forms. 6.2(4) Claimant’s condition as a result of the injury as shown by the medical reports cannot be one which will be expected to deteriorate. When a partial commutation is sought, this paragraphsubrule shall diminish in importance. 6.2(5) Claimant’s condition as a result of the injury shown by the doctors’ and practitioners’ reports cannot be one which will be expected to require future treatment unless the future treatment is adequately provided for. When a partial commutation is sought, this paragraphsubrule shall diminish in importance. 6.2(6) A detailed statement of claimant’s need or other reason for a lump sum of money must be attached to the application. The analysis shall include disclosure of any attorney fee amount to be paid from the full commutation. A commutation of less than ten weeks’ benefits is presumed to be not in the best interest of the claimant. 6.2(7) When multiple dependents are involved, a signed stipulation or order of apportionment identifying the proportion of benefits to be received by each dependent shall be attached to the commutation form. 6.2(8) A signed stipulation as to the degree of permanent disability shall be attached to the commutation form. 6.2(9) Rescinded IAB 10/25/06, effective 11/29/06. This rule is intended to implement Iowa Code sections 85.45 and 85.47. ITEM 18. Amend rule 876—6.5(85) as follows:876—6.5(85) Statement of awareness. When a petition for settlement under Iowa Code Supplement section 85.35(3) or commutation is submitted, it shall contain or be accompanied by a verified statement from the injured employee indicating awareness that, upon approval by the workers’ compensation commissioner of the settlement or commutation, a final bar to future claims or benefits under the Iowa Workers’ Compensation Law for such injury shall exist except as specifically reserved in any agreement. This rule is intended to implement Iowa Code Supplement sectionsections85.35,and sections 85.45, and 85.47. ITEM 19. Amend rule 876—6.7(85,86) as follows:876—6.7(85,86) Claimant statement. When the claimant is not represented by counsel, a claimant’s statement on Form 14-0163, which the claimant has personally completed, certified and signed, must be submitted with all settlement and commutation forms and documents. This rule is intended to implement Iowa Code Supplement sectionsections85.35 and section 86.8. ITEM 20. Amend rule 876—6.8(85,86) as follows:876—6.8(85,86) Failure to timely file settlement. If a party notifies the workers’ compensation commissioner that a matter scheduled for a hearing has been settled and the matter is removed from the hearing schedule, the proposed settlement shall be filed with the workers’ compensation commissioner within 60 days of the notification. A party may, within 60 days of the notification, request an extension of time to file the settlement documents. If the settlement documents are not timely filed, the matter will be reassigned for hearing in Des Moines at a date determined by the workers’ compensation commissioner and the parties cannot request that the matter be rescheduled. Any matter rescheduled because settlement documents were not timely filed shall not again be removed from the hearing schedule because a party notifies the workers’ compensation commissioner of a settlement. This rule is intended to implement Iowa Code Supplement sectionsections85.35, and sections 85.47, 85.48, 86.8, 86.13 and 86.27. ITEM 21. Adopt the following new rule 876—8.11(85):876—8.11(85) Offer of suitable work. The employer shall communicate an offer of temporary work to the employee in writing, including the details of lodging, meals, and transportation. With each offer of temporary work, the employer shall notify the employee in writing that:- If the employee refuses the offer of temporary work, the employee shall communicate the refusal and the reason for the refusal to the employer in writing;
- During the period of refusal, the employee will not be compensated with temporary partial, temporary total, or healing period benefits unless the work refused is not suitable; and
- Failure to communicate the reason for the refusal to the employer in writing precludes the employee from raising suitability of the work as the reason for the refusal until such time as the reason for the refusal is communicated in writing to the employer.
Pursuant to the authority of Iowa Code section 96.11, the Director of the Department of Workforce Development hereby amends Chapter 22, “Employer Records and Reports,” and Chapter 23, “Employer’s Contribution and Charges,” Iowa Administrative Code. These amendments update, clarify and simplify the procedures by which claimants and employers interact with Iowa Workforce Development. Notice of Intended Action for these amendments was published in the September 27, 2017, Iowa Administrative Bulletin as ARC 3325C. No comments were received. The Notice was on the agenda at the Administrative Rules Review Committee (ARRC) meeting held on October 10, 2017. No questions or comments were received during this public meeting of the ARRC. These amendments are identical to those published under Notice. 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. These amendments will become effective January 24, 2018. The following amendments are adopted.
ITEM 1. Adopt the following new subrule 22.9(3): 22.9(3) An employer who fails to complete a registration timely, as stated in 22.9(2), shall be assessed a penalty of $500. In addition, if the registration is not submitted electronically, a fee of $200 will be charged to the employer. ITEM 2. Adopt the following new rule 871—23.68(26USC6402):871—23.68(26USC6402) Collection of covered unemployment compensation. Pursuant to 26 U.S.C. 6402(f), the department shall utilize the Treasury Offset Program in order to collect covered unemployment compensation. This rule is intended to implement 26 U.S.C. 6402(f). ITEM 3. Amend subrule 23.82(1), introductory paragraph, as follows: 23.82(1) Construction. The department will utilize the North America Industry Classification System manual (20022017 edition) to determine which employers will be classified as construction. The manual may be purchased through Bernan Press, 4611F Assembly Drive, Landham, MD 20706-4391, and is available on the Internetto view or download at http://www.ntis.gov/naicswww.census.gov/eos/www/naics. [Filed 11/29/17, effective 1/24/18][Published 12/20/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/20/17.ARC 3530CWorkforce Development Department[871]Adopted and FiledPursuant to the authority of Iowa Code section 96.11, the Director of the Department of Workforce Development hereby amends Chapter 26, “Contested Case Proceedings,” Iowa Administrative Code. This amendment clarifies and simplifies the procedures by which claimants and employers interact with Iowa Workforce Development in the unemployment appeal process. This amendment also clarifies the subpoena processes for witnesses and for documents in contested case proceedings. The agency needs updated administrative rules to clarify these processes. Notice of Intended Action for this amendment was published in the October 25, 2017, Iowa Administrative Bulletin as ARC 3421C. No comments were received. The Notice was on the agenda at the Administrative Rules Review Committee (ARRC) meeting held on November 14, 2017. No questions or comments were received during this public meeting of the ARRC. This amendment is identical to the one published under the Notice. This amendment does 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. This amendment is intended to implement Iowa Code chapters 96 and 17A. This amendment will become effective January 24, 2018. The following amendment is adopted.
ITEM 1. Rescind rule 871—26.13(17A,96) and adopt the following new rule in lieu thereof:871—26.13(17A,96) Subpoenas for witnesses and documents. 26.13(1) It is the responsibility of the parties to request the attendance of witnesses the parties believe have knowledge of the facts in issue in the contested case. 26.13(2) Upon the written request of a party in interest received at least three days prior to the hearing date, the presiding officer shall issue a subpoena compelling the attendance of a person at the contested case hearing. 26.13(3) The written request shall include: a. The full name and mailing address or e-mail address of the person to be served; and b. A statement of the relevance of the witness’s testimony and that it will not repeat or duplicate the testimony of other witnesses. 26.13(4) Upon the written request of a party in interest received at least three days prior to the hearing date, the presiding officer shall issue a subpoena duces tecum for documents or other items believed to be relevant to the facts in issue in the contested case. The request must specifically describe the items to be provided pursuant to the subpoena duces tecum. 26.13(5) Documents or other items subpoenaed for hearings shall be mailed, faxed, or emailed to the appeals bureau and to the other parties to the proceeding prior to the hearing date. 26.13(6) If the presiding officer deems it appropriate, the entity or person to whom a subpoena is directed shall be notified and given the opportunity to object to its issuance. a. If an objection to the issuance of the subpoena is raised, the presiding officer, as a matter of discretion, may hear and rule on the objection prior to commencing the evidentiary hearing or may postpone the evidentiary hearing and schedule a special hearing to receive arguments from all parties concerning the issuance of the subpoena. b. The presiding officer shall issue the subpoena if it is established to the presiding officer’s satisfaction that the testimony or document sought is material and relevant, is not unduly repetitious of other evidence already of record or expected to be submitted by any party, and, in the case of the subpoena duces tecum, the records requested do not disclose business secrets or cause undue burden on the party to whom the subpoena is directed. 26.13(7) If the subpoena is granted over objection, the aggrieved party may, in accordance with Iowa Code section 17A.13(1), petition the district court for review of the action before proceeding further. The aggrieved party must promptly notify the presiding officer that a petition for judicial review of the subpoena order will be filed immediately so the contested case may be postponed until the court has issued its ruling. Nothing herein shall preclude an aggrieved party from including the granting or denial of a subpoena as grounds for appeal of the presiding officer’s decision in the contested case to the employment appeal board of the department of inspections and appeals. 26.13(8) If any entity or person to whom a subpoena is directed refuses to honor the subpoena, the aggrieved party may, in accordance with Iowa Code section 17A.13(1), apply to the appropriate district court for an order to compel the entity or person to obey the subpoena. [Filed 11/29/17, effective 1/24/18][Published 12/20/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/20/17.Back matter not included